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NOC - LuLevitt, Shirley - PIA No. 2006-02RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 RECORD WITHOUT FEE UNDER SECTION 27383 GOVERNMENT CODE OF STATE OF CALIFORNIA DOCUMENT: 20476244 IIIWIIIIIIY�Illlmllllllllllll� ����., ... AMT PA I D REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages: 13 No Fees RDE # 011 10/22/2009 11 :01 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Notice of Acceptance of Completion Property Improvement Agreement No: 2006 -02 Lu Levitt Villas — 7031 Monterey Road Tract #: 9708 APN: 799 -11 -031 Shirley Lu Levitt SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN that, as of the 19th day of October , 2009, the City of Gilroy, California ( "City ") has accepted as completed the work required to be performed under the following agreement ( "Agreement ") by and between Shirley Lu Levitt, ( "Developer ") and City: Property Improvement Agreement No: 2006 -02 Tract 9708 - Lu Levitt Villas APN: 799 -11 -031 Shirley Lu Levitt which Agreement is dated March 20, 2006 and recorded April 6, 2006 in the Official Records of the County of Santa Clara, California, Document No. 18875310. Project No.: Tract 9708 Developer Name: Shirley Lu Levitt Developer Address: P.O. Box 53785, San Jose, CA 95153 Surety on Contract: Indemnity Company of California Location of Project: Gilroy, California Description of Work: Construction of water distribution systems, improvement of streets, installation of sewers, storm drains and other public works facilities as required by the Property Improvement Agreement. Interest of City: Owner in Fee Vendee under Agreement to Purchase Lessee Owner of Easements Holder of License • Owner of Streets • Owner of Utilities, Water, Sewer, Storm Systems Owner's Name /Address: City of Gilroy, 7351 Rosanna St., Gilroy, CA 95020 Work Done: See above, Description of Work_ This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned, being duly sworn, deposes and say: That I am an officer of the City of Gilroy, that I have read the foregoing Notice of Acceptance of Completion and know the contents thereof, and that the same is true of my own knowledge, except as to those matters that I believe to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Gilroy, County of Santa Clara, State of California, on Qc4v bl r /-Z- , 2-1)017 . CITY OF M. xiex ameiser City Engineer STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA) Zooq Subscribed and sworn to (or affirmed) before me on this le, day of OCf�be r , 2W, by RICK SMELSER, proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signature of Notary Public SANDRA E. NAVA CWnmialon #F 1704196 Notary ►uDNc . Cal"ornla Santo CI«o County WCMVVL Na 11 i (Notary Seal) 00 CD ke IN y6� 13.YdIE HIN3J JS3A I M—LI 'CO .41 e6z NdY ga U.-A —1 XdY & C4 ,m^, EP0 -IJ-66Z KdY Wff 110-1 —61 'd' 'dI 00 "05t 00 OSS M MdY -11-664 NdV VICINITY SITE MAP Tract 9708, Lu Levitt Villas — 7031 Monterey Road, Gilroy APN: 799-11-031 Shirley Lu Levitt Exhibit A RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 R��4 G�is 211q. Doc#: 18875310 4/06/2006 10:49 AM (SPACE ABOVE THIS LINE FOR RECORDERS USE) Property Improvement Agreement No: 2006-02 Tract 9708 - 7031 Monterey Street - Lu Levitt Villa Shirley Lulevitt -l.- 3/8/2006 PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. 2006 -02 This agreement is made and entered into this 20th day of March 2006 by and between the City of Gilroy, a municipal corporation, herein called the "City" and Shirley Lu Levitt -a real property owner, developer or subdivider, herein called the "Developer ". WHEREAS, a final map of subdivision, record of surveyor building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate known as and called: Tract 9708 — Lu Levitt Villas WHEREAS, the Developer requires certain utilities and public works facilities in order to service the property under the minimum standards established by the City and, WI]EREAS, 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, WHEREAS, the City has certain responsibilities 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, provided that Developer ha faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this agreement. NOW THEREFORE, in consideration of the foregoing 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 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning 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, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. -2- 3/8/2006 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, Resolutions, Rules and other Regulations and to comply with the foregoing and all applicable laws.. b. To grant to the City without charge, free and clear of encumbrances, any and all 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, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorneys' fees) incurred by City in connection with (i) any damage 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 of the foregoing, shall do in grading or working upon said real estate; or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this agreement, including without limitation all claims relating to injury or death of any person or damage to any property. d. To construct and improve all public works facilities and other improvements described in this agreement in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in the amount of ten percent (10%) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one -year maintenance period. -3_ W2006 The Payment Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance's website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. 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, shown in Section 9 thereof to be due under the terms and provisions of this agreement. f. At all times during the term of this agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in �a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this agreement or actually carried by Developer in connection with the work described in this agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on -4- 3/8/2006 a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That except as otherwise expressly provided in this Agreement, 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 all the provisions of this agreement and all work to be done pursuant to the terms of this agreement are to be completed to City's satisfaction within one year from and after the date and year first above written. Developer shall maintain such public works facilities and other improvements described in this agreement at Developer's sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property. 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 That 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 hereunder 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 applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by Developer. SECTION 7 That this agreement, together with the attached stipulations, is an instrument affecting the title or possession of the real property described in Exhibit A. All the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer and the successors in interest of Developer. Upon the sale or division of the property described in Exhibit A, the terms of this agreement shall apply separately to each parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement. -5- 3/8/2006 SECTION 8 That the following General Stipulations and the attached stipulations shall be completed subject to the approval of the Community Development Director. 1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 3. All work within the public right -of -way shall be subject to the approval of the City Engineer. 4. Before construction utilizing combustible materials may proceed, an all weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 150 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. 5. All construction work shall be coordinated so that the existing residents have access to their properties. 6. Off -site public improvements shall be installed per the approved Improvement Plans 7. The Developer shall provide to the City of Gilroy electronic copy of the final map as an AutoCAD drawing file (DWG format, AutoCAD 2002 maximum). 8. Before issuance of any building permit, all roadway infrastructures shall be in place and covered with an all weather road subject to the approval of the City Engineer. 9. Any reimbursements due the Developer, unless specified otherwise in writing in this- agreement, will expire ten (10) years after the date of execution of this agreement. S� 3//2006 SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY �0 IN WITNESS WHEREOF, City has executed this agreement as of /Ylctrc4oc l,.00 (. . A T: co(& Rhonda Pellin CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agreement as of CEO � 6 OWNER: BE 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. Property Improvement Agreement No. 2006 -02 -7- 3/8/2006 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No. 2006 -02, Tract 9708 — 7031 Monterey Street — Lu Levitt Villa, Shirley Lulevitt On March 21, 2006, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. t— Sigatum of Notary Public R11oNDA PELW COMMbdon / 1 N 10156 Wearm+. per GC Sec. 40814; CC Sec. 1181 (Notary Seal) Property Improvement Agreement No. 2006 -02 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On dG, before me, &Irle -/a- A' �r%� � , 41 Tom `/ P AOCI C- , personally appeared :::y e L e y ,( u L E vi TT personall known to me (or proved to me on the basis of satisfactory evidence) to bet a person(s) whose name(s)Aare subscribed to the within instrument and acknowledged to me that he4hcAhey executed the same in hisQtheir authorized capacity(ies), and that by his their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. ,,7LSS my hand and official seal. Signature per GC Sec. 40814; CC Sec. 1181 FAMMILMNOW _ CanlNNlonll�lTi41 ' Nobly RWO - dIMON110 3o�do Cloio CouMtl . My Comm. 6� Jun 9.2007 -8- 3/8/2006