NOC - Mesa Ridge 2004 - PIA No. 2006-09REWRDING 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: 19769992
111111111111111111111111
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages: 14
Fees.... No Fees
Taxes...
Copies..
AMT PAID
RDE # 002
3/10/2008
1 :33 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Notice of Acceptance of Completion
Property Improvement Agreement No. 2006 -09
Tract No. 9594,
Mesa Ridge — APN: 810 -28 -001
Mesa Ridge 2004, Inc.
SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6
NOTICE OF ACCEPTANCE OF COMPLETION
NOTICE IS HEREBY GIVEN that, as of the I 1 day of February., 2008, the City of Gilroy, California ( "City ")
has accepted as completed the work required to be performed under the following agreement ( "Agreement ") by and
between the Mesa Ridge 2004, Inc. ( "Developer ") and City:
Property Improvement Agreement No. 2006 -09
Tract No. 9594
A.P.N. 810 -28 -001
Mesa Ridge 2004, Inc.
which Agreement is dated May 15, 2006 recorded May 30, 2006 in the Official Records of the County of Santa
Clara, California, document no. 18953787.
Project No.: Tract 9594
Developer Name: Mesa Ridge 2004, Inc:
Developer Address: 385 Woodview Avenue, Suite 100
Surety on Contract: Developers Surety & Indemnity Co.
Location of Project: Miller Road & Thomas Road, 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
CITY O L 2
BY:
Rick Smelser
TITLE: City Engineer
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA)
TITLE OF DOCUMENT: Declaration of Notice of Acceptance of Completion
Subscribed and sworn to (or affirmed) before me on this day of
k , 2008, by RICK SMELSER, proved to me on the basis of
satisfactory dvidence to be the person who appeared before me.
CoawoMNo� ♦ 1 ��tbsi2
So+a Clam Cowft
Signature of Notary Public
(Notary Seal)
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VICINITY SITE MAP
Tract 9594, Mesa Ridge
APN: 810-28-001
Mesa Ridge 2004, Inc.
Exhibit A
RECORDING REQUESTED BY: CONFORNfET)CO Tbis document l as
not been compared rAith the origiral,
City of Gilroy SANTA CLARA CONY CLEW-- CVAAj1LR
WHEN RECORDED, MAW TO:
Rhonda Pellin Doc#: 18953787
City of Gilroy 5/30/2006 jo; 10 AM
7351 Rosanna Street
Gilroy, CA 95020
(SPACE ABOVE THIS LINE FOR RECORDERS USE)
Property Improvement Agreement No: 2006-09
Tract 9594 — Mesa Ridge
APN: 810-28-001
Mesa Ridge 2004, Inc.
8/10/05
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 -09
This agreement is made and entered into this 15thday of May, 2006 by and
between the City of Gilroy, a municipal corporation, herein called the "City" and Mesa Ridge 2004, Inc.,
a real property owner, developer or subdivider, herein called the "Developer ".
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:
Tract 9594 — Mesa Rid-ge
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,
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,
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.
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SECTION 2
I51
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 applicabie 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.
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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 (Builders Risk Insurance is not required when
only mass grading and roadway - related improvements consisting of no structures are to be
constructed).
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
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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 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.
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SECTION 8
That the following General Stipulations and the attached stipulations shall be completed subject to
the approval of the Community Development Director.
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.
10. Prior to start of any construction, approval shall be obtained from the Planning Division that all
conditions of the Fish and Wildlife Service and the 404 Permit have been met to the satisfaction
of the Planning Division manager.
11. The location of San Justo Road is dependent upon resolution of the access easement for the
Sangenti Parcel. Prior to start of any construction, the access easement shall be resolved or San
Justo Road relocated to the satisfaction of the City Engineer.
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SECTION 9
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOTAL AMOUNT DUE. CITY $ 308,988.65
IN WITNESS WHEREOF, City has executed this agreement as of 1 k, A3 06 .
ATTEST: jCI TY OF
Rhonda Pellin B
CITY CLERK MINISTRATOR
APPROVED AS TO FORM:
ITY ATTORNEY
IN WITNESS WHEREOF Owner has executed this agreement as of r�y .3'- 00)6
OWNER:
jk6 Pe m, Vice President
Mesaltioge 2004, Inc.
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.
8/16/05
STATE OF CALIFORNIA ) P -F
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Property Improvement Agreement No. 2006 -09, Tract 9594 —Mesa
Ridge, APN: 810 -28 -001, Mesa Ridge 2004, Inc.
On May 23, 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.
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i Signature of Notary-Public
per GC Sec. 40814; CC Sec. 1181
RHOWA FEM
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IN�►carm. Ep�Yr�dtn 19.
(Notary Seal)
Property Improvement Agreement No. 2006 -09
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On before me /� • / i •/�'���i[�0
personally appeared :j7"1°5 Q L /V%
✓personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(�fwhose
name() Wait subscribed to the within instrument and acknowledged to me that he /sbd /twey executed the
same in his/hitr /tltir authorized capacity(ipS), and that by his /hof /their signature(v) .on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WIT SS-my hand and fficial seal.
A.M. 7
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Si 4at COMM.
1400100 •d
a w: NoTARtl PUBW - cAUFOMIA
SAWAGLAMCCURM
per GC Sec. 40814; CC Sec. 1181 Mrs
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CITY OF GlLRUY
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Property Improvement Agreement No. 2006 -09
Tract 9594 — Mesa Ridge
Filice, Balanesi, et al
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Exhibit A