Connell, Larry and Van Valey, Mary Jo7 s�
PROPERTY DFVELOPNENT ACRFFMENT
AGREEMENT FOR FXTENSInNS OF PATER DISTRIBUTIn "l SYSTE11S:
IMPROVEMENT OF STREET`:; I'lSTALLATION OF SEDERS, STORM
DRAINS Ar!D OVIER PUBLIC WORKS FACILITIES
This agreement made and enter ?d into this 5th day of July
1978, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Larry Connell & Mary Jo Van Valey , a real property owner,
developer or subdivider, herein called the "Developer."
WITNESSETH:
PHEREAS, 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:
Walnut Grove Apts. 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,
11HEREAS, 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.
NbU 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! 1
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. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in
subdivision or development respectively); Ordinance No. 602 (Subdivision Procedure,
etc.); Ordinance No. 711 (Zoning Ord.); Ordinance No. 17613 (1973 Uniform Building
Code); Rules and Regulations. Included in the above are all of the above referred
to Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as
amaiided to the time of execution of this agreement.
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�10011.
r SECTION 7
The Developer agrees:
a. To perform each and every provision required by the City to be
per-
formed by the Developer in each and every one of said Codes, Ordi-
nances 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 Im-
provements as set out herein, according to the standards heretofore
established, 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. One shall be executed in the face
amount of no less than $__ -0-
faithfull and shall guarantee the
performance of this agreement; one shalt be executed in an
amount no less than 50% of the above mentioned bond and shall secure
payment to the contractor, his subcontractors and to persons renting
equipment or furnishing labor or materials to them for the improve-
ment hereunder, and as provided for in Section 4200 -4210 of the
Government 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 cost to be borne by the City, shown In Section
7 thereof to be due under the terms and provisions of this agreement.
SECT ---- -I ��) 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.
SECTiO',, 4
That all the provisions of this agreement and all work to be done pur-
suant to,the! terms of this agreement are to be'completed within one.'year- from
and after the date and year first above written.
SECTIOid 5
That the special provisions concerning the particular real estate re-
ferred 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 Vie Developer to so perform, or to pay
ariy monies due hereunder when due shall release the City from any and all
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obligations hereunder and the City, ,_it its election, may enforce the perfor-
glance of any provision herein., or any right accruing to the City or may pur-
sue any remedy whatsoever it may have under the laws of the State of Califor-
nia or the Codes, Ordinances, Resolutions or Regulations of the City, in the
event of any such default by Developer.
SECTIO'3 7
That the follo ► ring are the estimated amounts of costs to be borne by the
respective parties hereto, and it is further understood and agreed that said
amounts are estimated only and are subject of final determination upon comple-
tion of the work.
FACILITY DEVELOMEIT COSTS
a. Easements 6 Rights
of way "On Site" $ 100%
CITY'S COSTS BALANCE
$ -0- $ 100%
h. Easements & Rights
of way "Off Site" $ 100% $ -0- $ 100%
c. !later "On Site" $ 100% $ -0- $ 100%
d. '.later "Off Site' $ 1227.32 $ -0- $ 1227.32
See Calc. Sheet
e.
Sewer
"On
Site
$
893.76
$
-0-
$ 893.76
See
-I 4r-_.
Sheet
$
w /building permit
$
-0-
$w /building permit
f.
S,�k:er
"Off
Site"
deferred
-3-
g. Storm Drainage $ 784y� ^_ $ 784.00 $ -0-
"On Site"
SEE , S'T'IPULATION
#2
h. Storm Drainage 878.40 -0-
"Off Site" 878.40 $ $
i. Engineering, Inspec-
tion, b Plan Check,
4% x $ 3500 $. 140.00 $ -0 -- S 140.00
J. Street Tree
Planting
With Building
Permit
$ -0- $ w /building permit
k. Construction Water,
Dust Control E
Earthwork $ 50.00 $ -0- $
1. Street Paving
SEE STIPULATION #3
n. Street Curb E
Gutter
SEE STIPULATION
#3
n. aidF: ,iks
c . Street: A-! ;iiie Signs
p. Fire Hydrants
"On Site"
$ 100% -0- S ]on.
$ 1000 $ -0- $ 100%
$ 100% $ -0- $ 100%
$ 100% $ -0- _ $ 100%
$ 100% $ -0- $ 100%
-4-
M
1
` q. Street Lighting $ 100%
-0 $ 100%
DUE r.fY BY DEVELOPER $ 3,973.48
DUE DEVELOPER BY CITY $ 1,x:40
14ET DUE CITY $ 2,311.08
III IJl TNESS WIEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
City Clerk
--'o
CITY OF GILROY
DEVELOPER
Mum".
FO APPROVED: ,
By 11 dLa
v
City At o ney DATE JID Surf C 19'78
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.
r
CITY OF GILROY
• DEVELOP'1ENT COST SCHEDULE
No.
Date 6/15/78
Initialed
Location of property
Assessor's Parcel #
Name of Applicant LARRY CONNELL
Address
Type of Development Proposed R-3
Area 1.22 Storm Zone "D"
Frontage
COST SCHEDULE
1. Front Foot Ilater Charges
z
LF @ /F.F. _
$
N.A
2.
Front
Foot
Sevier Charges
196
LF @ 4.56 /F.F. _
$
893.76
3.
Front
Foot
Storm Charges
12"
196
LF @ 4.00 / _
$
784.00
4.-.Front
Foot
Street Improvements
SF @ / S.F. =
$
N.A
5.
Front
Foot
curb & gutter charges
_
LF @ / _
_ $
N.A
6.
Area Water
Charge
1.22 Acres @$1006/Ac. _
$
11227.32
z
7. Area Offsite Storn Drainage Fees
1.22 Acres 9$720 /Acre =
S. Offsite Sanitary Sewer Fees
9. Recreation Fees
10. Engineering Plan Check R Inspection
4 °,U x 3 , S00 =
11. Uater Meter Charge
Meter @ _
12. Electroliers
13. Fire Hydrants
LF @
LF @
14. Construction Water
/LF + /Acre =
15. Street Trees
$ 878.40
$ w /building permit
$ 140.00
$ w /building permit
$ N.A.
N. A.
50.00
@ _ $ w /building permit
16. Total $ 3,973.48
17. = Credit #3, #7 $ 1,662.40
Total = $ 2,311.08
STIPULATIONS
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ADDITIONAL STIPULATIO','IS AND TERMS
TO THE DEVELOPMENT AGREEMENT
RETHEEN THE CITY AND CW,,�u VN� [DATED
1. All water service connection shall be made by the owner. City shall
provide water meters @ scheduled cost.
2. The City shall credit the developer all offsite and onsite storm fees
to assist the developer to extend a storm system along the rear property
and fill the now obsolete section of Miller Slough. No future reimburse -
ment for this storm system will be made.
3. The owner shall improve the East Street property frontage to City
specifications including the following: Install curb and gutter and
sidewalk along the East Street and Seventh Street frontage; relocate
storm inlet to low point of the curb, install a cast iron hood, repave
the intersection to conform with 3" AC and 8" CL II Baserock.
4.. The owner shall remove the concrete headwall and install a manhole with
an open grate to accept area storm water runoff. An 18" ACP Storm Pipe
shall be installed to the easterly property line and extend into the
City property to allow adequate fill of the channel.
S. The owner shall require his engineer to ascertain if adequate fall
exists between the westerly property line and the inlet at the freeway.
Should any problem exist the owner agrees to develop and improve an
alternate solution acceptable to the City.
SIGNATURE