Ed Kirk Construction CompanyPROPERTY DEVELOPMENT AGREv!4F1,11` #81 -9
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS :
iMPROVENENT OF S'; PEETS : € NSTALLAT I Old OF SEWERS, STORM
DRAINS AND OTHER 21_ iC WORKS FACILI' °ES
This agreement made and entered into this 4th day of Mav
1981 , by and between the City of Gilroy, a municipal corporation, herein called
Miller Meadows, a Limited Partnership/
the "City" and Ed Kirk Construction Company
._._ , 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 #7078
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,
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.
NOW THEREFORE , in consideration of the premises and in order to carry of
the intent and purpose of said Codes, Ordinances, Resulutions 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
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. 1768 ( 1973 Uniform Building
Code): Rules and Regulations. Included in the above are all of the above referred
to Codes, Ordinances, Resollutions, Regulations and Substitutions thereof, 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 per-
formed by, the Developer in each and every one of said Codes, Ordin-
ances 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
- sufficient bonds, as per stipulation M.
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.
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 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
PRO al=ter the date and year first above written.
SECTION 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 the.Developer to so perform, or to pay
any monies due hereunder when due shall release the City from any and all
-2-
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 7
That the following 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 land are subject to final determination upon comple-
tion of the work.
FACILITY
a) Engineering Map Checks
Subdivisions $167.00 + $2.50 (n)
Parcel Maps $ 70.00 + $2.50 (n)
n= Number of lots
$167.00 + $2.50 (37) = 260.00
b) Engineering Plan Check
and Inspection
4% x $—M81,318,00
c) Miscellaneo_us.EngLneer.
Service
No.of hours x $25.00
4 hrs. x $25.00
d) Public Works Microfilming
$5 /Sheet (Maps and Plans)_
$5.00 /sheet x 8 sheets
e) Fire Hydrant Location Fee
$25.00 for the first hydrants
+ 2.50 for each additional
2 hydrants
f) Area Water Charge
4.96 Acres @ $ 1,457 /Acre
Acres @ $ /Acre
-3-
DEVELOPMENT COST
$ 260.00
MOM
100:00.
$ 40.00
$ 25.00
$ 7,227,00
g) Construction Water
1,100 LF @ $0.30 /LF + 4.96 Acres @ $11.30 /Acre
h) Off -Site Storm Drainage
c
4.96 Acres @ 5759 /Acre
Acres @ /Acre
0 Front Foot Water Fee
LF @ /LF
j) Front Foot Sewer Fee
LF @ AF
Q Front Foot Storm Drain Fee
LF @ AF
1) Street Paving
SF @ /SF
m) Curb and Gutter
LF @ /LF
n) Galvanized Pole Electroliers
LF @ $ AF
o) Electrolier Conduit
LF @ $ AF
-4-
$ 386.00
$ 3,764.00
$ By Developer
$ By Developer
$ By Developer*
$ By Developer
$ By Developer
$ By Developer
$ By Developer
p•) Fire- Hydrants
LF @$ AF
q) Utility Pole Mounted Electrolier
LF @ $ AF
r) Easements and Rights of Way
"On Site"
s) Easments and Rights of Way
"Off Site"'
t) Other
WZ111061LIN 4M - ..
$ By Developer
$ N. A.
$ 100%
$ 100%
$ 2,580.00
DUE CITY BY DEVELOPER $ 23,115.00
AMOUNT PAID
BY DEVELOPER
4/1518.
19,351.00
NET
DUE CITY
$
3,764.00
I'N WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
AT EST:
City Clerk
DEVELOPER
tA1vL - :F- M6kkza.>-.% Lra. f
ED 14
BY
En V-I �c�d t�L PAdi�vert
BY
DATE MAYA, 1'1 :6
— I
NOTE: If Developer is a corporation, the complete legal name and corporate seal
of the corporation and the corporate titles of the persons
-5-
STIPULATIONS
TRACT #7078 Agreement
1) Locate and properly dispose of any wells, septic tanks and underground
fuel 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 miminum
interruption to traffic.
3) All work within the public right of way shall be subject to the approval
of the City Engineer.
4) All fees shall be paid at the rates in effect at that time.
5) 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
500 feet of each portion of the site wherein this construction is to
take place.
6) Landscaping on the island opposite the subdivision on Sixth Street
shall include street trees, shrubs and an approved irrigation system.
7) This agreement shall run with the land and be binding upon any successors
in interest.
8) The assignment of this agreement by the developer to another party shall
require prior approval of the City Council.
9) Owner agrees to dedicate and improve to city standards all streets and
public improvements as shown on tract map and plans for Tract #7078.
10) All landscaping throughout the subdivision shall be as per approval of
the Parks Supervisor.
11) (a) One bond shall be executed in the face amount of no less than $93,877.00
to guarantee the faithful performance for construction of grading, street
paving and concrete work, and other Public Facilities; and one shall 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 improvement here-
under, 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; and
(b) One bond shall be executed in the face amount of no less than $124,441.00
Stipulation - Tract 7078 - 2 -
to guarantee the faithful performance for extension of Water
Distribution System, installation of sewers, storm drains, street
lighting, and other Public Works facilities; and one shall 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 improvement 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, this
agreement as stated herein.
12) The cost of the bridge ( $52,500) will be distributed amoung ;Assessor's
Parcel # 841 -07 -044 excepting therefrom the most northerly 102 feet,
hereinafter designated Parcel # 841 -07 -044 Modified; Assessor's
Parcel # 841 -07 -035 excepting therefrom the portion of said parcel
lying northerly of the easterly prolongation to the westerly
Right -of -Way Line of Highway 101 (South Valley Freeway) of the
northerly line of Parcel # 841 -07 -044 Modified, and Assessor's
Parcel # 841 -07 -030, to become Tract 7078 (See attached exhibit).
Distribution of the bridge cost shall be based upon the dwelling -
unit yield from each of the 3 Parcels. Parcel # 841 -07 -030 (Tr. 7078)
has 37 dwelling units. For the purpose of computation it shall be
assumed that Parcel # 841 -07 -044 Modified and the Portion of Parcel
# 841 -07 -035 included herein will be developed having the same
dwelling -unit yield per gross acre. The relative distribution of
of the $ 52,500. bridge cost allocated to each of the 3 Parcels
shall be computed upon the development of the first of either
Parcel # 841 -07 -044 Modified or Portion of Parcel # 841 -07 -035
included herein.
The City shall collect a proportionate share of the bridge construction
costs allocated per above to Parcel # 841 -07 -044 Modified and Portion
of Parcel # 841 -07 -035 included herein at the time each of said
Parcels is developed pursuant to a Property Development Agreement,
or similiar development authorization by the City of Gilroy, and
shall reimburse Miller Meadows Ltd. /Ed Kirk Construction Co. the
amount collected, providing said Parcels develop within 10 years
of this agreement.
13) The developer shall be reimbursed for 1/2 the cost of utilities in
Hoover Ct. and any street improvements on the North Side of the
centerline of Hoover Ct., at the time of development of Parcel #
841 -07 -044 Modified as stated in Stipulation # 12, providing said
Parcel is developed within 10 years of this agreement.
MILL'm MaA I.Vpl
et> 111111: $fA�tl Co .
Accepted by
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Lucat i on ul properly _End _of Rogers _Laney North of Sixth
Street - Gilman Ave.
__ _m.hange - Tract_ #]_QZ8__ -
ASSCS�uI'S PdreeI N 841- 07-030
Miller Meadows, a Limited Partnership/
Name u App icant Ed Kirk Construction Co.
AJd 1 66 A ollo -Hei hts Ct. Saratoga, California
95070
LyNc of Dcvc l ut,mern t "R -2 P-UD" Subdivision
AI ea____ -4._q6 Acres - _ -- - -. Storm Drain
licit
StreeL Frontdye N.A.
Engineering Mat, Click, 01-100 -1100 - 6004 -11
$
260.00
Subdivi,iun,$167.0012.50 (n)
PaI.c -1 rt.11) (N)
N - Numbel of L ul
Eng i necr FILM Chec1. .►n1l I i„heJ t i,.,I1 01- 100- 1 100 -6004- 12
$
8,733.00
liz x s 218, 8.00
_
—
X - Cot> I ut tail, 1 i ( i till) I ovenler►t5
Miscelldneoua Enyincci `.,,.Ivic.. ol- loo -Iloo- 6004 -13
$
100.00
No ut huur5 x(.25.00)
4 hrs. x
Public WurL'� Microf i lnlill'j 01 -10o -1100- 6004 -14
$
40.00
$5 /Sheet (ntdN_, '►ild x 8 sheets
Emergency 5ervice5 01- 100 -1100- 6004 -15
$
N.A.
Nu. of hours x ( )
-
Fire HyJrdnt Locdtion fcc 01- 100 -1100- 6002 -01
$
25.00
$25.00 1,)l thy- Iif..t ', hytlydnt, t 2 hydrants
$ 2.513lor eddi .,,,,1 i I 1 „n., I hydvanL
Area Wdtc;r Charge 03- 300 - 1300- /203 -00
$
7,227.00
_ -It-96, A c I L457 —/Acre
Con,Lrul.tion WateI 0 /- ]2U- 190u- 8u01 -00
$
386.00
-- 1100 —_Lh i.. ,u- ilt!t.l 4.96 AcrcS (,,'$11 .30 /Acre
_
TM
. �:•.'„ I��I�ni, iii C„ , � 5�ti,.�,l�i I,
Oil DI'lin
02 :'.'0 1 i00 1202-00
02 -21.'0 1 300-
O Z- I i00- %20 2 -00
300-7202- 00
02 -223 -1300- /202 -00
0.' -2211- H001202-00
02 -225- I _i00- /202 -00
ActC-
(�$
Front Foot Ch.lrgcs
W,,Icr
LF (�$
-2-
District
"A"
$868/Ac
District
"A - I"
$3000 /Ac
DiSLI -iCt
"B"
624/AC
District
"C"
/5y /Ac
D i 5 L r i c t
"D"
720 1Ac
DistricL
"E"
547 /Ac
D i 5 L r i C L
"f"
868/Ac
/Acre
/LF
02- 230 -1300- 7204 -00
/L F
$ —^ --
$
$_ By Developer .
Sewer
02- 230 -1300- 7205 -00
$ By Developer
L
/LF
Storm Drain
02- 230 -1300- 7207 -00
$
By Developer
LF
/LF
Street. Improvements
02- 230 -1300- 7206-00
$
By Developer
Pavement
$
/SF = $
Curb & Gutter
_SF
L $
/LF = $
SldeWalk
SF (w$
/SF _ $
GaI.Pole
Electrolier
F (�$
/LF = $
Elec:trol ier
_L --
-- - -
Conduit
LF P $
/LF = $
r
Fie Hydrant
- -
Lf 1•�� $ - --
- - /LF = $ - - - --
Wood Pole MounLcd
Electrolier
01- 100 -1100- 6004 -20
$
N. A.
L F �� $
/ L F
-- --- - -- -
Pub 1 i c Works) Cat h
Bond- ind Dt,pw,
i t 5
08-800-1100-6004-02
$_
2,580.00
0L11cV
$
TOTAL
$
23,115.00
PAID
19,351.00
DUE CITY
3,764.00
"-s1
* To be reimbursed to
Sunrise
Park Subdivision for
1/2 cost of
the 8" water ov :t l7A
line as per
development
agreement dated February 5,
1973.