Loading...
Fortino, Albert and Morton, Ben• 3 PROPE�,TY DE`11EL_OP4iE;dT Ar;E M01T AGREEMEElT FOR E:�TENS I ONS OF WATER D I STR I BUT I O'N SYSTEMS: IMPROVEMENT OF STREETS; 114STALLATION OF SEI!CRS, STORM DRAINS Xi ;D OTHER PU5LiC "ORK.S FACILITIES .0 This agreement made and entered into this 2 day of�,, -r by and between the City of Gilroy, a municipal corporation, herein called the `City" and `� 2 i��o cunt >' � L�RTe'� -_ - -' a real property owner, developer or subdivider, herein called the "Developer ". WITWESSETH: '411EREAS, 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: Rancho E1 Dorado, Unit #3, Tract S7nI and' 4IIIEREAS, 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, I- RiEREAS, 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, WIHEREAS, 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 on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECT 10P I That all Codes, Urdinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California concern- ing t10e subject matter of this agreement are hereby referred to and incorporated herein to the same effect as if they %, =ere set out at length herein. Said Codes, Ordinances and Regulations include, but are not limited to, the following: The Coae of the City of Gilroy (including but not limited to Chapters 12A, 1;, 20, 21 and Res. 1474, thereof pertaining to local improvement procedures in subdivision or development respectively); Ordinance 14o. !:02 (Subdivision Procedure, etc.)Ordi- nance No. 711 (zoning Ord.); Ordinance No. C`,G; (196 7 Uniform Building Code); Rule- and Regulations. Included in the above are all of the above referred to Codes, Ordinances, Resolutions, Regulations and Substitutions therefor, 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 performed by the Developer in each and every one of said Codes, Ordinances 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 improve- ments as set out herein, according to the standards heretofore estab- lished, 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, each of which shall be executed in the face amount of no less than $ 26,000.00 , and one of which bonds shall guarantee that faithful performance of this agreement and the other said bond 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 11612 of the Business and Professions 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 costs to be borne by the City, shown in Section 7 of to be due under the terms and provisions of this agreement. SECTION 3 That all suns shown herein to be payable by the Developer to the City are due and payable to the City upon the execution of this agreement. SECTiom 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 within one year from and after the date and year first above written. 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 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 Oct in connection with this transaction, and the failure neglect or refusal of the Developer to so perform, or to pay any monies due here- -2- under 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 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 and are subject to final determination upon completion of the work. I - FACILITY a. Easements & Rights -of -way "On Site ", Stipulations 3.4 b. Easements & Rights -of -way "Off Site ", Stipulation 7 c. Street Paving d. Street Curbing; see City Code Sec.26 -12, Table 11 e. Sidewalks; see City Code, Sec. 26 -12, Table 11 DEVELOPMENT COSTS $ 100% $ 100% $ 100% t l n11% e I nnoi f. Street Name Signs; see City Code, Sec. 26 -12, Table II $ 100% W: CITY'S COSTS $ 0% $ 0% $ 0% $ 0% $ O% a $ O% g. Street Tree Planting & Parkway Improvements; City Code, h. Street Lighting;, Electroliers shall become City property i. Vator "On Site" j. 'later "Off Site" 2.083 acres @ $360 /Ac. $--100% $ 100% $ 749.88 k. Sanitary Sewer "On Site" $ 100% $ n� $ O,, $ O% o $ -0- 1. Sanitary Sevier, "Off Site" $ deferred $ $160 /lot payable with building permits m. Storm Drains On Site' $ 100% $ -0- n. Storm Grains, off Site" $ 1,010.26 �- $ -0- Zone "B" 2.083 acres @ $485/Ac. o. Engineering, Inspection 8 21440 12. • Plan Check 3.5% x $ 2 ci p. Sanitary Sewer "on site" pro -rata share of sewer construction cost of 2.083 acres (Stipulation 6) $ 760.55 $ -0- IM DUE CITY BY DEVELOPED. CUE DEVELOPER BY CITY $ Ill WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEST: City Clerk PRnvpn r CITY OF GILROY 2 Ma r City mi trator DEVELOPER BY BY 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. -5- Stipulations Rancho El Dorado, Unit #3, Tract 5701 1. The property owners shall be responsible for maintenance of all on site drainage facilities. Owner shall furnish a grading plan to the City for all lots within the subdivision. The owner agrees to provide all necessary drainage ditches, concrete gutters, or retaining walls as may be required to protect the future owners from excessive water on their individual property. 2. The developer shall be responsible for preventing erosion and the removal of silt from the road as a result of improvements, vacant lots or home construct'i,on. 3• The developer shall grant an easement across that parcel shown ''not a part of this subdivision" for the continuity of the public utilities easement. 4. The developer shall grant a 20' wide easement across lot 7 for emergency vehicle access to Calabrese way. Developer shall improve said easement upon demand from the City. Improvements including paving, lighting, and landscaping shall be as approval by the City Engineer. No parking will be permitted within the easement. 5. Retaining walls shall be engineered. 6. The developr shall pay the City the amount of $760.55 for sewer construction cost to be reimbursed to the Lutheran Church per agreement between the City and the Lutheran Church - .dated August 19, 1968. When future development requires connection to the sewer line, the City will collect the pro -rata share of the construction cost and reimburse the Lutheran Church per above mentioned agreement. 7. The developer shall acquire a 10' easement along the 6" P.V.C. from the west property line of lot 3 west to the end of that 6" P.V.C.