L.D.L. Development, Inc.PROPF�I Y DE. JELOP' LENT ACREE'lENT
AGREEMENT Fll FXTr'iSTO °!S OF �!ATER DISTRIBUTION! SYSTEMS:
IMPROVEMF "!T OF , s R1-:`:T` ° J71' V1,611"74 OF SEDERS, STORM
DRAINS A110 0'-R
This agreement made ane- entered 1m.i.o this 2nday of October .
1978, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and L. D. L. DEVELOPMENT INC. , a real property owner,
developer or subdivider, nerein called the "Developer."
WITNESS =TH:
11HEREAS, 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 Taal estate known as and called:
GIBSON SUBDIVISION TRACT # 6252 and,
WHEREAS, th? 0eveloper requires certain utilities and public works facili-
ties in order to sey ice the property under the minimum standards established by
the City ar d,
UIHEREAS, 00, City, by and throuah its City Council, has enacted certain
Codes, Orc;Cinarices any Resolutions and certain Rules and Regulations have been
promulgated coocernima the subject matter of this agreement and,
WHEREAS, the City has certain responsibilities for maintenance and
operation vi such utilities and public service facilities after acceptance by
City, and for provid ;r.g 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,
,t 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 ('ncluding but not limited to Chapters 12A, 19, 20. 21
:d 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
ode); Rules and Regulations. Included in the above are all of the above referred
Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as
- -ended to the time of execution of this agreement.
SECT IWJ 2
The Developer agrees:
a. To perform each and every provision required by
L
formed by the Developer in each and every one ofsaidiCodes.bOrdl-
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 $ 76,000
faithful) -- and shall guarantee the
performance of this agreement; 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 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 lmprov
and before any work is done therein, the Developer shall pay to theme
City all sums, except cost to be borne by the City. shown In Section
1 thereof to be due under the terms and provisions of this agreement.
SECT, ION 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.
SECT 10:1 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.7year from
and after the date and year first above written.
SECT I0i, 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.
IECT I O ;d h
The faithful and prompt performance by the Developer of each and every
term and condition contained herein is made an express condition precedent to
Me duty of the City to perform any act in connection with this transaction,
and the failure, neglect or refusal of Ole Developer to s6 perform, or to pay
.y monies due hereunder- when due shall release the City from any and all
Ohl ig,jt i.,ns hereunder ind the City, it i t5 ._ IcLt ion, may enforce the perfor-
rnanct' of any prov i -� i on or any ri 1Jh L .)CC ru i nq to the City or may pur-
sue any remedy whatsoever it i,i.iy have under tile- 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.
SF_CT10`i 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 of final determination upon comple-
tion of the work.
FACILITY UIVELOMPIT COSTS CITY'S COSTS BALANCE
a. Easements S Rights
Of way �'On S I te" $ 100% $ —0— $ 100%
b. Casements 6 Rights
of way "Off Site"
$ 100%
$ —0—
$ 100%
e. !cater 'On Site'
$ 100%
$ —0—
$ 100%
J. 9&ter ''Off Site'
$ 3916.26
$ —0—
$ 3916.26
See Cost Scbedale
e. Sewer "On Site` $y 100% $ —0— $ 100%
f. Sup. e r
"Off Site" $ Deferred
all
$ —0— $ Deferred
orm Drainage
"Cn Site"
h. Storm Drainage
"Off Site"
s 100% $ -0-
$ 2,429.17 $ -0- $
100%
2,429.17
See Cost Schedule
1. Engineering, Inspec-
tion, & Plan Check,
4% x $_76.000 $ 3,040.00 S -0- $ 3.040.00
J. Street Tree
Planting
With duildin
Permit
k. Construction Water,
Dust Control E
Earthwork
1. Street Paving
n. Street Curb E
Gutter
n. aidf,,,.iks
c.. Stree�L A!iae Signs
V. Fire Hydrants
"On Site"
$ Da f e r r ed $ -0- $ Deferred
$ 118.00 $ -0- $ 118.00
$ inns S _D_ $ 100%
$ 100% $ -0- $ 100%
$ 100% $ -0- $ 100%
$ 100% $
m
$ 100%
$ 100% $ -0- $ 100%
-4-
q. Street Lighting $ 1000 -0- $ 1000
DUE
r.fY BY DEVELOPER
$-----9.503.43
DUE
DEVELOPER BY CITY
$
-0-
WET
DUE CITY
$
III WITNESS 11FIEREOF, said
parties have caused
these presents
to be
executed the date and year first above written.
ATTEST:
City er
CITY OF GILROY
DEVELOPER
BY
BY
DATE `�
NOTE: If Developer is a corporation, the c omplete legal flame and corporate
seal of the corporation and the corporate
signing for the corporation shall appear above.
ADDITIONAL STIPULPTIONS A "'D TERMS
TO THE DEVELOPMENT AGREFIENT
BETHEE11 THE CITY AND j _D.i._IZLUTOPFmFN'rDATFD _10 -2 =78 `
1. The owner agrees to dedicate and improve all public right -of -way
within Tract #6252 to City of Gilroy specifications.
2. The owner agrees to all terms and conditions for the development of this
subdivision as required by the City Council and Planning commission.
3. The owner shall install interim ditch drainage along Morey Avenue and shall
install a temporary pipe under Welburn Avenue which when combined with the
existing 18" CMP will equal a flow of 35 F.P.S. The owner shall receive
bids for this installation and shall submit copies for review by the City
Engineer. The City shall participate in the cost of this installation.
The City shall contribute $1,00.00 as its' contribution for the interim
system. The owner shall contirbute 27.3% of the balance of the cost of the
interim system. The developer of Hillview Terrace shall contirbute 72.7%
of the remaining cost.
4. A sound wall shall be constructed to match that proposed by the County for
developed frontages of Morey Avenue, prior to occupancy of any of the R -3
units.
�r
L.D.L. DEVELOPMENT INC.
SIGNATURE
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
coo .
Date
Initialed
Location of property MOREY AVENUE BETWEEN WELBURN AVENUE AND EL DORADO DRIVE
Assessor's Parcel # GIBSON DEVELOPMENT
Name of Applicant L. D. L. DEVELOPMENT, INC. d
Address
Type of* Development Proposed R -1
3.893 „B
Area Storm Zone „
Frontage
COST SCHEDULE
I. Front Foot plater Charges
LF @ /F. F. = $ N/A
2. Front Foot Sewer Charges
LF @ /F.F. • $ N/A
3. Front Foot Storm Charges
LF @ T. ■ _ .. $ N/A
4. - Front Foot Street Improvements
SF @ 1 S.F. = $ N/A
5. Front Foot curb b gutter charges
w
LF @ �., f _ s N/A
6. Area Hater Charge
3.893 Acres Q $1006 /Ac. s 3,916.26
7. Area Offsite Storrs nrainane Fees
3.893 Acres a $624 /Acre =
8. Offsite Sanitary Seaver Fees
14 $550
9. Recreation Fees
0
10. Engineering Plan Check R Inspection
--.%0 410. x s76,000 =
11. !!ater Meter Charge
1" & All ;1eter 0 =
12. Electroliers
LF 0
13. Fire Hydrants
LF @ -
14. Construction Water
640 /LF +3.891'/Acre =
96.00 22.00
15. Street Trees
16. _
17. _
Total =
STIPULATIONS
t 2429.17
$ w/building permit
w/building pen it
$ w/building permit
$ by developer
a by developer
$ 118.00
$w/buildirx�
permit
$
$ 9,503.43