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AGREEMENT FOB' EXTENS10N OF WATER. DISThiBUTION
AND SEWAGE D7:PQS.,_I., S STE'i;S '!'Ct SGU'TH COUr�T�
CENTER r 0:i II�?UC Ii <(; ; :TG :[3IN AGRICULTURAL WORKERS
This is an agreement between the County of Santa Clara
(County"), the Dousing Authority of the County of Santa Clara
(Authority), the City of Gilroy (City) and the Gilroy Harvest
Housing Association, Inc. (Association).
WHEREAS, County anticipates acceptance {rom Luigi Rossi
of approximately ten (101 acres of certain real property
located on Luchessa Avenue in the unincorporated area of
the County of Santa Clara, which property is more particularly
described in the attached Exhibit A, incorporated herein by
this reference and hereinafter referred to as "the site;" and
WHEREAS, County intends to lease the site to Authority
for purposes of construction and operation of a center for
housing migrant agricultural workers pursuant to a grant-
from the United States Government, Office of Economic
Opportunity and the State of California, Department of Human
Resources Developri.ent; and
WHEREAS, Authority intend, to develop the- site for the
above- described purposes; and
WHEREAS, City's water distribution system and sewage
disposal system are necessary to this development of the
site; and
WHEREAS, the site will be conveyed by County to
Association upon its ceasing to be used for the above- described
purposes; and
WHEREAS, City is willing to provide connection, extension
and service of its water distribution system and sewage
disposal systeril upon certain terms and conditions as hereinafter
described.
NOW, THEREFORE, County, Authority, Association and City
agree as follows:
1. Effective and operative dates of this agreement.
The effective date of this agreement shall be the
date upon which the last party hereto shall have
duly executed this ag�re�:ment. The operative date
of this agreement shall be the date County accepts
conveyance of the site from the present owner, Luigi
Rossi. If County dons not accept conveyance of
the site within sixty (60) days of the effective
date, this agreement stall be null and void, and all
parties hereto shall be relieved of their respective
rights and duties hereunder.
2. Obligations of County.
A. Within thirty (30) days of the operative date,
County shall deliver to City a fully executed
deed of dedication, or irrevocable offer of
dedication, for street purposes, that portion
of the site set forth in attached Exhibit B,
incorporated herein by this reference.
B. Within thirty (30) days of the operative date,
County shall enter into a lease with Authority,
which shall provide, in part, that Authority
shall perform the work set forth hereinafter
as "Authority's work."
C. Within thirty (30) days of the operative date,
County shall enter into an agreement with
Association, whereby County agrees to convey
the site to Association upon the site ceasing
to be used for purposes of construction and
operation of housing for migrant agricultural
workers. Such agreement shall also provide
that Association shall perform the work set
forth hereinafter as "Association's work," or
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shall reimburse City therefore, all in accordance
with this agreement.
D. Within thirty(30) days of conveyance of the site
by County to Association, County shall deliver
to City written notice of such conveyance.
E. Upon delivery of written demand by City, but
not later than the date of conveyance of the
site by County to Association, County shall
annex the site to the City of Gilroy.
F. The foregoing obligations are the only duties
of County pursuant to this agreement; and County
shall not be responsible for the performance,
or nonperformance, of the other parties to this
agreement.
3. Obligations of Authority.
A. Authority shall perform the work set forth in
attached Exhibit C, incorporated herein by this
reference, all in accordance with the terms and
conditions of this agreement and of Exhibit C.
This work, as set forth in Exhibit C shall be
known as "Authority's work." Authority shall
complete Authority's work within one year of
the operative date of this agreement.
B. Authority shall obtain encroachment permits
from such governmental agencies or private
parties as are necessary for construction,
installation and maintenance of Authority's
work. Authority shall obtain for itself and
City such easements as are necessary for construc-
tion, installation and maintenance of Authority's
work.
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C. Authority shall pay City its off-site fees as
set forth in Exhibit C; provided, the responsi-
bility to complete such portion of such fees as
remains unpaid, if any, on the date of delivery
of conveyance of the site by County to Association
shall. be the responsibility of Association.
D. 'Authority shall indemnify, save harmless and
defend, County and City from claims or liability
for money or damages arising from the performance
of Authority's work pursuant to this agreement,
caused by the errors or omissions of Authority,
its officers, agents or employees. At all times
during performance of Authority's work, Authority
shall maintain County, City and Association as
additional insureds on its existing policies of
insurance; Authority shall cause the issuance
of certificates of insurance to each party so
named, showing full coverage to the limits
thereof; such certificate shall provide that
such insurance may not be modified, terminated
or cancelled without thirty (30) days' prior
written notice to each additional insured.
E. Authority shall obtain faithful performance bonds
and labor and material bonds from the
contractor(s) performing any or al-1 of Authority's
work, said bonds to be in the amount of 100%
of the contract price(s), and shall name City
as additional obli;ee.
4. Utility= Expenses.
During Authority's construction and operation of
the site pursuant to lease with County, Authority
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skull pay City utility charges for stater and sewer
service, ai-l. in accordance with City ordinances and
.resolutions; provided such charges shall be reasonable
` and shall not exceed rates charged others similarly
situated. Authority's duty pursuant to this paragraph
•
i shall cease upon delivery to Association by County of
th.e instrument of conveyance of the site from County
to Association..
S. Obligations of Association.
A. Association shall perform the work set forth
in the attached Exhibit D, incorporated herein
by this reference, all in accordance with the
terms and conditions of this agreement and of
Exhibit D. Such work shall be known as
"Association's work." Association shall complete
Association's work upon redevelopment of t he site
for use other than (1) housing a,gyiculturul workers
or (2) agricultural use.
B. Association shall pay City all. connection and
off -site fees legally chargeable to Association's
work. Such fees shall be paid to City prior to
commencement of Association's Mork.
C. Association shall indemnify, save harral.ess and
defend City from all claims or liability for
money or damages arising from performance of
Association's work.
D. Association shall furnish City a performance bond,
and a labor and materi.alman's bond, in an amount
equal to 100% of City's estimate of costs of
Association's work. Such bonds shall be in a
form satisfactory to City and shall be delivered
by Association to City prior to commencement of
Association's work.
M
E. On and after the date of delivery to Association
by County of the iostrument of conveyance of
the site from Count. ., to Association, Association,
its successors and :assignees, shall be responsible
for all further charges, taxes, or other
obligations aris.ng from ownership, possession,
or use of the site; including, but not limited to,
such charges, taxes, or other obligations as
arise from the use, service or maintenance of
any water distribution system and any sewage
disposal system serving the site.
o. Obligations of City.
A. ti iLthi.n sixty (60) days of delivery of County's
deed of dedication or offer of dedication in
accordance with paragraph 2'A hereof, City shall
accept anl1 record such instrunient.
B. City shall allow Authority to install permanent
improvements within such unused portion of such
dedicated right of way as is contained within
narcel "A" thereof; provided, Authority shall
remove all such permanent improvements within
ninety (GO) days after City's delivery of uritten
notice directing Authority to remove such imprOVe-
ments, such removal to be at Authority's own
cost and expense.
C. City shall perform in accordance with Exhibits
C and D, attached.
D. Upon completion to City's satisfaction, of
Authority's work or Association's work. as the
case may be, City shall promptly accept such
6
work, and shall thereafter maintain such work
at City's own cost and expense; provided, City
shall not have any maintenance responsibility with
respect to the sewer line and lift station installed
pursuant to paragraph 1, subdivision B, of Exhibit
C.
7. Completion of Association's work by City.
At any time hereafter City may, at its option, perfor_ra
Association's work. If City elects to complete
Association's work, City shall maintain accurate
records of the costs of labor and materials of
such work. Such costs, including fees set forth in
Exhibit D, shall be reimbursed to City by Association
upon redevelopment of the site for use other than
(1) hOLISing agricultural workers or (2) agricultural
USE'.
$. Default in performance of work.
If Authority or Association fails to perform in
accordance with this agreement, City may complete
the wort: of either Authority or Association as the
case may be, and collect the actual costs, including
connection fees and off -site fees, from Authority
or Association as the case may be.
9. Recordation.
This agreement may be recorded by any party hereto
as an instrument affecting real property. Such
recordation shall be a lien against the site and
shall constitute constructive notice to all third
parties; but such lien and notice stall apply to and
affect only the obligations of Association, its
successors, and assignees. Recordation of this agree-
ment shall not create a lien with respect to the
interests of County and Authority in the site.
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10. Avai lzibility of Funds.
The obliations of Authority are subject to the
availability of funds; fro -a, the United States Government,
Office of Economic Opportunity and the State of
California, Department of Human Resources. Should
such funds for any reason be unavailable, Authority
shall be relieved of further rights and duties
pursuant to this agreement.
11. Notices and Delivery.
Delivery of any notice (or any other document) required
by law, or by this agreement, shall be deemed completed
within twenty -four (24) hours after deposit in the
United States mails in an envelope addressed to the
appropriate_ party, Postage prepaid. Unless otherwise
notified in writing, the addresses of the respective
parties hereto for purposes of this paragraph and
this agreement are as follows:
County: Board of Supervisors
70 West Heddi.n, Street
San Jose, California 95114
City: City of Gilroy
P.O. Box 66
Gilroy, California
Authority: Housing Authority of the
County of Santa Clara
P.O. Box 5398
San Jose, California
Association: Gilroy Harvest Housing
Association, Inc.
c/o Mr. Frank Serafin
Secretary - Treasurer
P.O. Box 1426
Gilroy, California
12. Enforceability.
This agreement is enforceable by any party hereto
by use of appropriate legal or equitable remedies
or by resort to a court of competent jurisdiction.
_g_
13. Ccmplete Agreement.
This agreement constitutes the entire agreement of
the parties hereto. This agreement is subject to
amendment, midification, termination or cancellation;
provided that the slime shall only be by.the consent
of all parties hereto, set down in writing and
duly executed by all parties.
IN WITNESS WHEREOF the parties have caused this agreement
to be executed by their respective authorized agents on
MAY 5 4 , 1.970.
COUNTY OF SANTA CLARA
ATTEST: JEAN PULLAN By �—
Clerk Board o f Chairman of the oar o upervisors
Supervisors
--�- � HOUSING AUTHORITY OF THE COUNTY
OF SANTA CLARA
By
CVY OF GILROY
By
GILROY HARVEST HOUSING ASSOCIATION, INC.'
APPROVED AS TO FOPJ4:
Bye /�.
Depul#7 County tours el
LDS: lg
4/27/70
10
EXHIBIT A
All that certain real property situate in the County of Santa
Clara, State of California, designated as Parcel "A" on that
certain map entitled, "Record of Survey, of a portion of Las
Animas Rancho Lot No. 48 Map No. 7 Las Animas Rancho Partition
Suit Superior Court Case No. 5536" and filed for record
January 5, 1970 in Book '263 of Pups, page 14, Santa Clara
County Records, containing approximately 10.003 acres.
EXHIBIT B
All that certain real property situate in the County
of Santa Clara, State of California, designated as Parcel "D"
on that certain map entitled, "Record of Survey, of a portion
of Las Animas Rancho Lot No. 48 Map No. 7 Las Animas Rancho
Partition Suit Superior Court Case No. 5536" and filed for
record January 5, 1_970 in Book 263 of naps, page 14, Santa
Clara County Records.
Together with a twenty - three foot (23') wide portion of
Parcel "A" of the same map running parallel to, and abutting
upon said Parcel "D ', such as to create a forty -three foot
(43') right -of -way for the entire Luchessa Avenue frontage
of said Parcel
Together with all of Parcel "C" of the same map, except
that portion presently contained within the County maintained
road system.
NOTE: Conveyance by County to City of the above - described
property is solely for the purpose of providing City with
that interest in said property, if any, not presently owned
by City or the public. Such conveyance is subject to the
rights of City and the public as of the date hereof, which
include, but are not limited to:
1. The right of the public to use as a roadway so much
of the herein described premises lyinj within the
bounds of Luchessa Avenue.
2. Right -of -way for ingress and egress over the
Southeasterly 20 feet of the premises, as conveyed
in the Deed from M. E. Thomas, (a single woman) to
City of Gilroy, (a municipal corporation), dated
January 24, 1927 and recorded February 9, 1927 in
Book 301 of Official Records, page 218.
3. Unrecorded right -of -way described in a Deed from
M. E. Thomas, (a single woman) to the City of Gilroy,
(a municipal corporation), dated November 5, 1927
over the Southeasterly 20 feet of the premises, as
described in the Deed from City of Gilroy, a municipal
corporation, to M. E. Thomas, dated November 5, 1927
and recorded December 26, 1931 in Book 599 of
Official Records, page 80.
i
EXHIBIT C
1_. Authority shal_1:
A. Extend City's water system from its present southerly
terminus at th:�, end of the City maintained portion of
Luchessa Avenue to and zilong the complete frontage
of the site. Such extension stall parallel Luchessa
Avenue in accordance with encroachment permits to be
Obtained, Such extension shall consist of eight inch
(S") transite pi.pc and shall be installed in accordance
with plans anc? speci£ic.ti.ons required by City and
its en—ineer p,,.rsuant to City's ordinances, resolutions,
and standards. Upon completion, such extension shall
become the property of City without_ further reimbursement.
B. Extend along the full len -tin of the north boundary
of the site an eight inch (£„) transite pipe sewer
extension, connected to City's main outfall line at
the cgs ter l_y boundary of the site. Such extension
shall include lift station sufficient to insure
adequate dispcsLi of the effluent discharge. Such
extension shall be in accordance with plans and
specifications approved by City and its en;ineer; all
in accordance Witt) City's ordinances, resolutions and
standards. If property to the north of the site
connects to the sewer extension within ten (10) years
of the operative date, City shall collect from the
connecting party an amount at least equal to One -half
(5071.) of the coat_ of installation of the sewer extension
and lift station. "Cost of installation" means the fair
market value of parts and materials used in the sewer
extension and lift station, regardless Of LCtUal COSt,
determined as of the data of installation; plus the
actual out -of- .pocket co:-ts incurred by Authority in
inst_allino the sewer extension and lift station.
If property to the west of the site connects to the
sewer extension within ten (10) years of the operative
date, City shall collect from the connectinry party an
amount at least equal to the cost of installation of
oversizing, if any, of the lift station. "Cost of
installation" means tl-,e fair market value of the
oversized lift station and parts and capacity, less
the fair market value of a lift station and parts and
capacity adequate for the site, re (;ardless of actual cost,
determined as of the date of installation; plus the
actual out-of-pocket costs incurred by Authority
attributable to the oversize lift station, parts and
capacity. City shall pay such amount(s) to Authority
Upon receipt of such amounts) from the connecting
party; and such amount shall be paid Authority
regardless of the then present owner of the site.
Additionally, City shall require each of such connecting
parties to share equal responsibility and costs with
respect to Authority's duty on maintenance of the sewer
extension and lift station, such equal responsibility
and cost sharing to commence upon connection to the
sewer extension.
C. Authority shall provide storm drainage in accordance
Witt" specifications of the County of S.:nta Clara, on
an interim basis only, said plans and specifications
to be subject to review oral approval by City. City
shall provide eas�_-merts to, and access to, the City
sewer farm percolation beds located to the south-
easterly of the site AuLhority and City shall
cooperate in the installp -tion of the interim drainage
plan in the cost. 0 the ditch or pipeline installed
of_f:of the site in accordance herewith. Authority's
duty pursuant tc this paragraph shall be to extend,
at its own cost and expense, an interim drainage
system across the property of Yamano to the east of
the site, then southerly between existing Luchessa
Avenue and the main sewer outfall line for the City
of Gilroy; and then by culvert under Luchessa
Avenue where it resumes its easterly course. City
and Authority shall cooperate in extending the
interim drainage facility, by open ditch or pipe,
whichever is more feasible, such joint responsibility
beginning at the terminus of the culvert to be
installed, and extending southerly to the point at
which the interim storm drainage facility empties
into City's sewer farm percolation beds.
2. Authority shall pay the following off -site fees:
A. Water, off -site $ 2,310.00
B. Sewer, off -site 5,000.00
C. Storm drain, off -site 3,603.40
Total .4_U
Such fees are payable in ten equal annual installments,
the first payment to be made prior to commencement of
construction, and succeeding payments to be made annually
thereafter until paid in full. No interest shall be
charged on the remaining unpaid balance; provided, City
may recover interest on any accrued, but unpaid, install-
ment at the then legal rate of interest computed from
the date of delinquency. These fees are a lien against
the property to the extent set forth in paragraph 9 of
this agreement.
3. City shall check and approve the plans and specifications
submitted by Authority and inspect the work on the water
and sewer extensions, all at City's own cost and expense.
4. Authority shall provide its own engineering services.
5. Authority shall provide for interim street lighting
through Pacific Gas and Electric, such street lighting
to be comprised of electroliers attached to existing
utility poles along Luchessa Avenue, where it abuts and
fronts the site. Authority shall pay utility charges
for such street lighting in accordance with paragraph
4 of the agreement.
EX.HIBI'Al C -2-
'.YT.Tr,rT n
1. Association sha11;
A. Install a forty -three foot (43') half street along
the full frontage of the site on Luchessa Avenue.
The half street shall include curbs, gutters, side -
walks, street paving:,, electroliers, and landscaping,
all in accordance with plans and specifications to
be approved by City.
B. Plan, develop, install and construct a permanent
storm drainage system servicing the site and the half
street, all in accordance with plans and specifications
to b° approved by City.
2. Association shell pay City the engineering and irspect.ion
fees legally chargeable to Association's work, such rues
to be paid prior to commencement of Association's work.