Loading...
Wm. Lyon Development Company, Inc.w, J'7� PROPERTY DEVELOPMENT AGREEMENT AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS; INSTALLATION OF SEVICRS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES This agreement made and entered into this 15th day of November 19 71 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and Wm. Lyon Development Co. Inc. , a real property owner, developer or subdivider, herein called the "Developer ". WITNESSETH: WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate known as and called: Gilroy Meadows Tract 5089 (N. Church Street) and, WHEREAS, the Developer requires certain utilities and public works facili- ties in order to service the property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this agreement and, VJIHEREAS, the City has certain responsibilit.ies for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities. NOW THEREFORE, in consideration of the premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION I That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California Concern- ing the subject matter of this agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances and Regulations include, but are not limited to, the following: The Code of the City of Gilroy (including but not limited to Chapters 12A, 19, 20, 21 and Res. 1474, thereof pertaining to local improvement procedures in subdivision or development respectively); Ordinance No. 602 (Subdivision Procedure, etc.)Ordi- nance No. 711 (Zoning Ord.); Ordinance No. 865 (1967 Uniform Building Code); Rules and Regulations. Included in the above are all of the above referred to Codes, Ordinances, Resolutions, Regulations and Substitutions therefor, as amended to the time of execution of this agreement. SECTION 2 The Developer agrees: a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances and other Regulations. b. To grant to the City without charge, free and clear of encumbrances, any and all stipulated easements and rights of way in and to his said real .property necessary for the City in order that its water, electricity and /or sewer lines in or to said real property may be extended. c. To indemnify and hold the City harmless and free from all damage and liability done to any utility, public facility or other material or installation of the City on said real estate which the Developer or any contractor or subcontractor of the Developer, or any employee thereof, shall do in grading or working upon said real estate. d. To construct and improve all public works facilities and other improve- ments as set out herein, according to the standards heretofore estab- lished, and according to the grades, plans and specifications thereof, all as approved by the City Engineer; and shall furnish two (2) good and sufficient bonds, each of which shall be executed in the face amount of no less than $ 98,000. , and one of which bonds shall guarantee that faithful performance of this agreement and the other said bond shall secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement hereunder, and as provided for in Section 11612 of the Business and Professions Code of the State of California, the Codes, Ordinances, Resolutions and Regulations of the City, and this agreement. e. That upon approval of the final map of the subdivision, the record of survey or the building permit covering the real estate to be improved, and before any work is done therein, the Developer shall pay to the City all sums, except costs to be borne by the City, shown in Section 7 there- of to be due under the terms and provisions of this agreement. SECTION 3 That all sums shown herein to be payable by the Developer to the City are due and payable to the City upon the execution of this agreement. SECTION 4 That ail the provisions of this agreement and all work to be done pursuant to the terms of this agreement are to be completed within one year from and after the date and year first above written. SECTION 5 That the special provisions concerning the particular real estate referred to above, being attached hereto, are hereby incorporated herein and expressly made a part of this agreement. SECTION 6 The faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due here- -2- under when due shall release the City from any and all obligations hereunder and the City, at Its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under the laws of the State of California or the Codes, Ordinances, Resolutions or Regulations of the City, in the event of any such default by Developer. SECTION That the following are the estimated amounts of costs to be borhe by the respective parties hereto, and it is further understood and agreed that said amounts are estimated only and are subject to final determination upon completion of the work. I . FACILITY DEVELOPMENT COSTS a. Easements 6 Rights -of -way "On Site ", $ 100% See Stipulation No. 1 b. Easements b Rights -of -way "Off Site ", $ None c. Street Paving $ 100% d. Street Curbing; see City Code Sec.26 -12, Table it $ 100 %. e. Sidewalks; see City Code, Sec. 26 -12, Table 11 $ 100% f. Street Name Signs; see City Code, Sec. 26 -12, Table 11 $ 100% -3- CITY'S COSTS $ None S None $ None $ None $ None $ None g. Street tree Planting & Parkway Improvements; City code, $ 100% $ None Per City Parks Department h. Street Lighting; $ 100% $ None Electroliers shall become City property 1. Water "On Site" $ 100 $ None j. Water "Off Site" $ 3,301.20 $ None 9,17 acres 360 /acre k. Sanitary Sewer "On Site ", $ 100 % $ None 1. Sanitary Sewer, "Off site", $ 10„880.00 m. Storm Drains "On Site "; n. Storm Drains, "Off Site ", Zonr "B" Sge Stipulation No. 2 o. Engineering, Inspection & Plan Check)a x $ 8x,000. 3.5% $ 100_% $ None $ None -4- 4 g. Street tree Planting & Parkway Improvements; City code, $ 100% $ None Per City Parks Department h. Street Lighting; $ 100% $ None Electroliers shall become City property 1. Water "On Site" $ 100 $ None j. Water "Off Site" $ 3,301.20 $ None 9,17 acres 360 /acre k. Sanitary Sewer "On Site ", $ 100 % $ None 1. Sanitary Sewer, "Off site", $ 10„880.00 m. Storm Drains "On Site "; n. Storm Drains, "Off Site ", Zonr "B" Sge Stipulation No. 2 o. Engineering, Inspection & Plan Check)a x $ 8x,000. 3.5% $ 100_% $ None $ None -4- DUE CITY BY DEVELOPER * DUE DEVELOPER BY CITY $ 17.611.20 S -o- Does not include building permit, plan check fee, park acquisition fee or water meter. IM WITNESS !THEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEST: CITY OF GILROY ` !J "3 yru n t tLtru . City Clerk FORM APPROVED: BY t� BY r , City Att ney WM. LYON DEVWPMPNT CO., L. W`e Peficz CE x2' rB President Patricia A. Filice Assistant Secretary NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. STATE OF CALIFORNIA SS COUNTY OF Santa Clara J P OFFICIAL SEAL MARGUERITE E. BOSTON NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN THE COUNTY OF SANTA CLARA y Commission Expires October 6, 1975 CORPORATION ACKNOWLEDGMENT Form No. 14 ON --------- .---------- December 15 19 - - -71 before me, the -------- - - - - -- --------------------------------------------------------- undersigned, a Notary Public in and for said County and State, personally appeared L. Wayne Policz -_ -known to me to be the ------------------------------ -- -------------------------- - - - - -- Vice -- President, and-- - - - - -- Patricia A. Filice ---- - - - -- known to me to be the Secretary of the Corporation that executed the within instru. ment and the officers who executed the within instrument on behalf of the Corpora- tion therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its By -laws or a Resolution of its Board of Directors. � � r Notary's Signature... -._......._...... ✓ ..... ....._ ......................... ✓/ Marguerite E. Boston Typeor Print Notary's Name ... ........................ ........... _._....... -...... ......................................... Telephone 842 -9322 DEPARTMENT OF PUBLIC WORKS IN11kitU IYf 6itri1g 7377 Church Street, P. O. Box 66 GILROY, CALIFORNIA WILLIAM K. HENRY 95020 DIRECTOR OF PUBLIC WORKS CITY ENGINEER GILROY MEADOWS TRACT 5089 N. CHURCH STREET STIPULATIONS 1) The developer shall dedicate a 5.5 foot widening strip along his entire Church Street frontage. 2) The developer shall construct the 18" RCP storm drain outfall from Lilly Avenue to Miller Slough at his cost. The City agrees to waive the offsite storm drain fees for this subdivision in exchange for construction of this outfall. Should the price of construction be over $5,500, the City agrees to negotiate the difference. The outfall shall be considered as one manhole and 550 L.F. of 18" RCP. THE TRAVELERS Certificate of Insurance This is to certify that policies of insurance as described below have been issued to the insured named below and are in force at this time. If such policies are canceled or changed during the periods of coverage as stated herein, in such a manner as to affect this certificate, TEN (10) written notice will be mailed to the party designated below for whom this certificate is issued. 1. Name and address of party to whom this certificate is issued 2. Name and address of insured F J CITY OF GILROY WM. LYON DEVELOPMENT CO., INC. CITY HALL 4463 BIRCH STREET GILROY, CALIFORNIA NEWPORT BEACH, CALIFORNIA 92664 L J 3. Location of operations to which this certificate applies TRACT 5089 4. Coverages For Which Insurance is Afforded Limits of Liability Policy Number Policy Period" Workmen's Compensation and Compensation — Statutory _ Employers' Liability in the state named in item 3 hereof Bodily Injury Liability — except automobile $ , OOO each person $ , 000 each occurrence $ , 000 aggregatet tCompleted Operations eluding Protective ----------- ------------ ------------ - -- - -- and Products only ---- - ----- ---------- --- - ------- Property Damage Liability — except automobile $ , OOO each occurrence eluding Protective $ , 000 aggregate Bodily Injury Liability — automobile $ , 000 each person $ , 000 each accident ---------- -------------- --- -------- - - - - -- $ , 000 each occurrence ---------------------------------------------- Property Damage Liability — automobile $ , 000 each accident $ , 000 each occurrence Liability (Bodily Injury and $ 1,000, 000 each occurrence NSL 4169548 7 -1 -71 TO Property Damage) $ 1 s 000, 000 aggregate 1-1-72 $ , 000 each occurrence Catastrophe or Excess $ , 000 each aggregate $ , 000 deductible amt. "Absence of an entry in these spaces means that insurance is not afforded with respect to the coverages opposite thereto. "Policy i effective and expires at 12:01 A.M., standard time at the address of the named insured as stated herein. Description of Operations, or Automobiles to which the policy applies: THE CITY OF GILROY IS HEREBY NAMED AS AN ADDITIONAL INSURED AS RESPECTS TRACT 5089. The insurance afforded is subject to all of the terms of the policy, including endorsements, applicable thereto. Producer_ ORANGE VISTA INSURANCE AGENCY Office ORANGE Date NOVEMBER 17. 1971 C -5918 REV. 7-68 PRINTED IN U.S.A. 1268 THE TRAVELERS INSURANCE COMPANY THE TRAVELERS INDEMNITY COMPANY THE CHARTER OAK FIRE INSURANCE COMPANY By A�ZZti" Authorized Representative Property and Casualty Insurance from Transamerica Corporation A STOCK COMPANY as to Tpansamepica Insurance Group Tpansamepica Insurance Company HOME OFFICE: LOS ANGELES, CALIFORNIA PERFORMANCE BOND BOND No, 5240 3682 o sn truction, Supply, or Miscellaneous Contract) PREMIUM $980.00 "'City ,t ar -"ey KNOW ALL MEN THESE PRESENTS, That we,..,.. WM. LYON. DEVELOPMENT.. CO..�... TNC .• ............................ of aU un QmTA .... 92664 called the Principal, and TRANSAMERICA INSURANCE COMPANY, called the Surety, are held and firmly bound unto .............................. CTTY.. OF ...GTLROY...................... ....................................................................................................................................................................................... ............................... called the Obligee, in the sum of... NINETY EIGHT THOUSAND..AND..NO/ 100. .- .---------------------- - - - - -- ................................... ............................... -'- --,---- ---'- - - --- - - - - -- Dollars ($.,98 000 00 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has, by written Agreement, dated entered into a contract with the Obligee for S ..................UBDIVISION .........IMPROVEMENTS ..................................IN .......TRACT ..............5089........ ............................... . ........................................................................................................................................................................................ ............................... as is more particularly described in the said contract, a copy of which is by reference made a part hereof; NOW THEREFORE, the condition of this obligation is such, that if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal to faithfully per- form said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that no suit shall be brought on this bond after the expiration of two (2) years from the date on which Principal ceases work on the contract. r No right of action shall accrue on this bond to or for the use of any person, firm or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed and Sealed, this 17TH ..................... day of .................NOV.EMB4/, .1,9f71 891 (3 -70) EXECUTED IN TRIPLICATE WM. LYON.. ENT... ..,... ............ (Seal) BY (P ncipa a, By C ....::......,G� ................ . Tp 11 me ea Insu ee Co pany By: ...: ' ... .... Atto ney -in -Fact ITH E. SANDROCK STATE OF CALIFORNIA COUNTY OF ORANGE as: On this 17TH day of_ NOVEMBER in the year one thousand nine hundred and 71 , before me C HARLENE ANDERSON ,a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap- peared KEITH E. SANDROCK known to me to be the duly authorized Attorney -in -Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney -in -Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer- tificate first above written. umm�unnlnlnlllOnfIIIIIIIIIIIIIIIIIIIIII III II1nIlnnn1lnnnuu III InOmn11111 ntnwnnnn ° t. UPI I,AL S,--.AL - PI-ENE ANDERSON IF'ORNIA 1 143 1 yaa$O My Com mission Expires Sopt, 24, 1975 WIIWIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Notary Public in and for said County and State STATE OF CALIFORNIA SS COUNTY OF J Santa Clara December 15 ON - -- ---------------- - - - -_- 19.7.1., before me, the undersigned, a Notary Public in and for said County and State, personally appeared L. Wayne Policz -------------------- known to me to be the ------------------------- - - - - -- - - - - -- - - -- ------------ - - - - -- l lulls@ uullunuuun @!wlleueluaula! @lialluup Vice Patricia A. Filice OFFICIAL SEAL = . - -- ---President, and________________________ _. -_ MARGUERITE E. BOSTON -known to me to be the Secretary of the Corporation that executed the within instru- _ ,. NOIA Y ? cov. y C. S! ".4G.tt = ment and the officers who executed the within instrument on behalf of the Corpora- : My Commission Evpir..s ocfobcr 6, 1975 tion therein named, and acknowledged to me that such Corporation executed the ;7 /Ikl 323ti'.Ciii:" C "a @In within instrument pursuant to its By -laws or a Resolution of its Board of Directors. Notary's Si CORPORATION ACKNOWLEDGMENT Mar uerite E. Boston Form No. 14 Type or Print Notary's Name .............. -..... _ - - - ....._......... .... ..... ....... ......... .......... ..... ._.... M as to LABOR AND MATERIAL BOND —PUBLIC WORK """ (California) City A� t t -° 11 BOND NO. 5240 3682 PREMIUM INCLUDED KNOW ALLMEN BY THESE PRESENTS: That we, WM• LYON - DEVELQPMENT _ CQ• > G-•----------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------- - - - - -- ------------------------------- - - - - -- -------------- - - - - -- as Principal and the TRANSAMERICA INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the State of California for the use and benefit of the State Treasurer as ex officio treasurer and custodian of the Unemployment Fund and any and all materialmen, person, companies or cor- porations furnishing materials, provisions, provender or other supplies used in, upon, for or about the per- formance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or con- tributing to said work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, in the sum of_NINETY- _EIGHT- _THOUSAND-_AND-_NOL100-- " ' "_ " " "- " "' "_' "'- ___Dollars 98,000.00 lawful mone of the United - - - - - - -- - - - - -- - - - - - - -- - - - - - - -- - - - - - -- (� ) Y States of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed with our seals and dated this ______ 17TH_ ------ day of___ ___________ NOVEMBER, 1971 ----- - - - - -- The condition of the foregoing obligation is such that, whereas the above - bounden Principal has entered CITY OF GILROY into a contract dated------------------------------------------------------------- - - - - -- with------- - - - - -- - -- --- ------------------------------------ ------------------------------------------------------------------------------------- - - - - -- - - - -to do and perform the following work, to -wit: SUBDIVISION IMPROVEMENTS IN TRACT 5089 NOW, THEREFORE, if the above - bounden Principal, or --------------- ITS ----------------- sub- contractor, fails to pay for any materials, provisions, provender or other supplies or teams, used in, upon, for or about the performance of the work contracted to be done under said contract, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and, also, in case suit is brought upon this bond, a reasonable attorney's fQe to be fixed by the Court and to be taxed as costs and to be included in the judgment therein rendered; PROVIDED that this bond is filed by the principal to comply with the provisions of sections 4200 to 4208, inclusive of the Government Code of the State of California and liability hereunder is subject to the provisions of said section and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof. i WM. LYON DEV CO., IN BY: ------------------ Prm 'pal. R SAMER IN , RANCE OMPA Y By- ----- - - - - -- -- - -- =-' ----------------- 0 rnov_in_�i ter+ STATE OF CALIFORNIA SS COUNTY OF Santa Clara ■eteOteeeleeelee ielesOJeee 9793. eGteeeel2NeW ses 4N Ii' 13e0 OFFICIAL SEAL a MAKIUERITE E. BOSTON < `�' 4 NOTA!kY 1<12k:C — CAi.1f4R(a:.4 w C ytr' G CTvH;LE iii INE _ ' COUiCr OF SAcviA CLIAkA i MY �gmmission Expiras ocsoFe- o, 1915 IM �tttt sNecreetuez umeeeeeeeseees auetuzr..eeet:eaetn� December 15 _ , 19.-711 before me, the undersigned, a Notary Public in and for said County and State, personally appeared L. Wayne Policz ------------------- known to me to be the - - ---------------------- - - - - -- --- - -- - - - - - -- ----- ---..- - -- Vice President, and- _. - -._- .Patricia A. Filice known to me to be the Secretary of the Corporation that executed the within instru- ment and the officers who executed the within instrument on behalf of the Corpora- tion therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its By -laws or a Resolution of its Board of Directors. Notary's Signature.......... ;- 1 G :�:.. j,. CORPORATION ACKNOWLEDGMENT Marguerite E . Boston Form No. l4 Type or Print Notary's Name .._ .............._.........g._.... __....._._-..._.... ..__........___................ STATE OF COUNTY OF CALIFORNIA ORANGE On this 17TH day oi— NOVEMBER in the year one thousand nine hundred and 71 , before me C HARLENE ANDERSON ,a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap- peared KEITH E. SANDROCK known to me to be the duly authorized Attorney -in -Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney -in -Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer- tificate first above written. annnnnnuumm�mm�nnlllllllllllllllllllunuunnur .nuunumnnnmunuunnnnanuuu OFFICIAL SEAL 1,;� m CHARLENE ANDERSON N a PUP! I -CA IF0RNIA IN 143 == 11 J Y Notary Public in and for said County and State My Commission E "- Aires Sept. 24, 1975 IIIIIIIIIIIIIIIIIIIilllliiil llillllliillllt�I'�:; 1111 ;II�III;IIIIIII:Iilli:lllllllll 111:1 illllllllll lllllllllllll 111111 _ ii ' - !i- if -i'� �.t � : /1�, •. ".� �_ � , ^'� � �.,� �•� -,l ' ♦sf . 4. !i} j' Offs ,r "of'file X, FRANK A1. JQRDAN, Secretary.of State of the State of California, hereby certify: _ That on —day of Eebruar-,r j "Thousand Oaks Develuzzent Co." ,nu.,i: }� VrM. LYO`I Dom' DOTFIVEENT CO. I ":C. d corporation organized cnd existing Iindcr file lazes of— the State of De1,--:•:are fled in th".s O5rce a statement scttinb forth file information. prescril)cd by Section 6.103, California Cort;orrations Cork, iorfellter with a clesig,nrtio:2 c f aft a kilt for the sert:ice of IVOCCSS, WId that Cnr2c 1Cd thereto is a ccrtific:.tc of t11c Secretary of State inn other j)roper o foul) of snid li +..:. c:4V " i+aaa : I j orioinat artic!cs or ccrtiticate of incrorporotion or of the cet creating, said cori:orr- ' bolt, or nutltcrized to niche sztcl? ccriijrcctc, to the cCect that said cor;;eration is in existence Cnd in good sli?nding in said slate (commonivealth or country). X further m-lif y that thereby file aforcinentioned corporation complied with 'i the lazes of the State of Cc<l:fornia g,ot:erning foreign corporc!ions to file event 1 i ielJttit'C)Cl t0 C'12fif1e it f0 t)'al7•SrICt ii2t1'a -State IJ:!•SiiiCSS and as Of ftiC CiClte Of i.S•Si:ai ?CC � of this CCrtifCate iS so cut- hori;ed aiid in rood corprafe Standing subject, how- � ever, to any licci2.sing, requirements olheriuise imposed by the latt:s of this State. It`' 'IT'ESS WHEREOF, I hereunto set itiy hand and afi� the Grect 1 seal of file State of California nth r� C' this day February j9 70 4. Scfx' Iry c-f Stafc L - SEC /STATE -FOLK GE -10 - ttasa.c:a rt.ta`YA Q+ c. Sp Y a IS t0 C: T'i:`�' t'�2f �r - jc c ar "' correct Cnov Of t ,E �E'T L1r1C ".'.0 or C'i: ;11 ; ;^ t