L.J.W., Inc.-a y 5�
PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSION'S OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATION OF SE►JERS, STORM
DRAIf4S AAD OTHER PUBLIC JORKS FACILITIES
This agreement made and entered into this 14th day of June
19 74 , by and between the City of Gilroy, a municipal corporation, herein called
the `City" and L. J. W., Inc. a real property owner,
developer or subdivider, herein called the "Developer ".
WITNESSETH:
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:
Rancho El Dorado Unit 2, Tract 5507 and,
FJNEREAS, 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,
UIHEREAS, 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 consijeration. 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 I
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, 1;;, 20, 21
and Res. 1474, thereof pertaining to local improvement procedures in subdivision
or development respectively); Ordinance No. 602 (Subdivision Procedure, etc.)Ordi-
nance No. 711 (Zoning Ord.); Ordinance 01o. 6`65 0 967 Uniform Building "ode); Rules
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 $ 114,500.00 , 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 there-
of 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 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 act 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.
FACILITY DEVELOPMENT COSTS
a. Easements b Rights -of -way
"On Site ", $ 100%
b. Easements & Rights -of -way
"Off Site ", $ 100%
c. Street Paving $ 100%
d. Street Curbing; see City
Code Sec.26 -12, Table 11 $ 100%
e: Sidewalks; see City Code,
Sec. 26 -12, Table 11 $ 100%
CITY'S COSTS
$ -0-
$ -0-
$ -0-
$ -0-
$ -0-
f. Street Name Signs; see City
Code, Sec. 26 -12, Table 11 $ 100% $ -0-
-3-
g. Street Tree Planting &
Parkway Improvements;
City Code,
$
100%
$�
-0-
h. Street Lighting;
100%
$
-0-
$
Electroliers shall become
City property
i. Water "On Site"
$
100%
$
-0-
j . 'later "Off Site"
$
3,502.80
$ --
-0-
9.73 Ac @ $360 /Ac
k. Sanitary Sewer "On Site" 100%
Existing 120 LF 8" VCP A
@ $2.50 300.00
1. Sanitary Sewer, "Off Site" $ Deferred
$160 /Lot or $80 /unit
to be paid with building permit.
m. Storm Drains "On Site''
$ 100%
n. Storm Drains, 'Off Site`' $ 4.719.05
9.73 @ $485
-
— _Credit
o. Engineering, Inspection S
Plan Check 3.5% x $ 114,500
$ 4,007.50
p. See Attached Stipulations and Calculation Sheet for
additional requirements and clarification.
-4-
$ -0-
$ -0-
$ 652.00
DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
$ 11,877.35
$ -0-
IN WITNESS !THEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
City Clerk
FORM APPROVED:
Lei2
City At orney
CITY OF GILROY
i
By
BY r�
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.
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Teiepoone 842 -Yo2. i
• �' ', DEPARTMENT OF PUBLIC WORKS
3 l Ii -I1 ii1 fffff(f Jy
7377 Church Street, P. O. Box 66
GILROY, CALIFORNIA
DAVID W. HANSEN
95020 DIRECTOR OF PUBLIC WORKS
CITY ENGINEER
S T I P U L A T 1 0 N S
RANCHO EL DORADO UNIT NO. 2 TRACT 5507
1. The developer shall grant all access rights on the Morey Avenue
frontage to the City of Gilroy, except for access provided in
stipulation five below.
uv
2. All utilities shall be underground.
3. All electro.liers shall become City property.
satisfactory to the City°
4. The developer shall provide a document/ providing for the
preservation and maintainence of the islands and areas of planting
between the sidewalks and the curb. ,
5. The developer shall grant an easement for the temporary access
to Morey Avenue through Lot 28. No'building permit will be issued
for this lot until the easement is relinquished and driveway
removed. Said easement shall be twelve feet wide and shall be
relinquished at such time as Delta Drive is completed to Northwood
Unit #2 or the City waives this requirement.
o. The developer shall grant a 20 -foot wide easement through Lot 10.
Developer shall improve said easement upon demand from the City.
Developer shall improve said easement or provide an improvement
bond to the City prior to development of the last lot in the
subdivision. Improvements including paving, lighting and land-
scaping shall be as approved by the City Engineer.
7. The owner agrees to adhere to the recommendations of the GEO
technical investigation for this site. All grading, compaction
and drainage requirements shall be provided as recommended.
CALCULATION SriEET
EL DORADO UNIT NO. #2
SANITARY SEWER
FEES
ON SITE:
i00%
GFFSiTE:
$160 /1-ot Paid in Building Permit
EXSTiNG:
120 LF @ 2.50
$ 300.00
WATER FEES
ON SITE:
100%
OFFSITE:
9.73 Ac
@ $360
3,502.80
EXISTING:
None
4
4
S T OM DRAINAGE
;;:Es
ONSITE:
Credit
195 LF 18" RCP @ 7.90 Less
15" RCP
@ 6.20 195 x 1.10
_ �t 214.50
Credit
175 LF 24" RCP @ 10.30 Less
16" RCP
97-90 175 x 2.40
= * 437.50
OFFSITE:
9.73 AC
@ $485/AC
= 4,719.05
ciVGiNEERiNG
PLAN CNECI<
S INS ?ECTION
or
$114,500
_ -4,007.50
SUBTOTAL
12,529.35
CREDIT
,ti 652.00
TOTAL
$11,877.35