Madonna DevelopmentPROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; 114STALLATION OF SEIIERS, STORM
DRA114S AAD OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 17th day of September ,
19 73 , by and between the City of Gilroy, a municipal corporation, herein- ca`fled
e,'.q,e c E. 13o az, ddtz
the "City" and Madonna Development Co., Inc. a real property owner,
developer or subdivider, herein called the "Developer ".
WI TNESSETH:
!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:
6-410
Mira Loma Valley, Unit No. 1, Tract and,
'411EREAS, 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,
WHERcAS, 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,
b!HEREAS, 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.
.1 THEREFORE, in cons i jerat ion of the pre. -A ses 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, l::i, 20, 21
and Res. 1474, thereof pertaining to local improvement procedures in subdivision
or development respectively); Ordinance 11o. X02 (Subdivision Procedure, etc.)Ordi-
nance No. 711 (Zoning Ord.); Ordinance Qo. 665 0967 Uniform Building Code); 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 $ 225,000.00 , 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 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 ect in connection with this transaction, and the failure,
neglect or refusal of the Developer to so perform, or to pay any monies due here-
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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
a. Easements & Rights -of -way
"On Site ",
DEVELOPMENT COSTS
$ 100%
b. Easements & Rights -of -way
"Off Site ", $ 100%
CITY'S COSTS
$ 0%
$ 0%
a
c. Street Paving $ 11,003.00 $ 13,087.00
#2 and #7
d. Street Curbing; see City
Code Sec.26 -12, Table 11 $ 100% $ 0%
e. Sidewalks; see City Code,
Sec. 26 -12, Table 11 $ 100% $ 0%
f. Street Name Signs; see City
Code, Sec. 26 -12, Table 11 $ 100% $ 0%
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g. Street Tree Planting &
Parkway Improvements;
City Code,
h. Street Lighting;
$ 100%
$ 100%
$ O%
$ 0%
Electroliers become City property
i. Water "On Site" $ 14,631.20 $ 0% _
See Calculation Sheet
j. 'later "Off Site" $ 7,711.20 $ O%
21.42 Ac. @ $360
.See Special Provision #3
k. Sanitary Sewer "On Site''
$ 5,075.00 $ 0% _
WELBURN AVENUE
1015.48 L.F. @ 5.00 /L.F.
1. Sanitary Sewer, "Off Site" $ - $ 0%
Paid with Building Permit
m. Storm Drains ''On Site
$ 8,120.00 $ 0%
WELBURN AVENUE
101,5.48 @ 8.00 /L.F.
n. Storm Drains, 'Off Site`' $ 152903.15 _ *$ 15,90-15--
_32.29 Ac. (a 485.00/Ac.
Se ?, ci 1. Provision #4
o. Engineering, Inspection &
Plan Check 3.5% x $225,000
$_1,875.00
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DUE
CITY BY DEVELOPER
$
70,18.55
DUE
DEVELOPER BY CITY
$
28,92.15
Balance Due City $41,328.40
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
City Clerk
FORM APPROVED:
City At orney
CITY OF GILROY
/F1aybr
j t
s' jt l
f City Administrator
PER
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.
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CTktt11 .af (6iIrja
7390 Rosanna Street, P. O. Box 66
GILROY, CALIFORNIA
95020
SPECIAL PROVISIONS
Telepnone 842 -3191
1. Developer agrees to dedicate to the City all street improvements and
the widening required on Kern Avenue, First Street, Westwood Drive
and Welburn Avenue as established by City Plan Lines.
2. Developer shall be responsible for 35 feet of paving on First Street
and 23 feet of paving on Kern Avenue. City agrees to credit the devel-
oper for costs of that �ortion of paving over the required paving.
City shall pay on the basis of the estimated quantity shown on the
calculation sheet and no other payment will be made.
3. Offsite Water Fees will be deferred on parcels 24, 25 and 26 until
development occurs on these parcels.
4. Offsite Storm Fees will be waived by the City as its portion of the
costs of construction of the 36" storm drain and ditch system on the
westerly side of Kern Avenue north of this project.
5. All deeds, easements, bonds, agreements and insurance certificates
shall be executed and submitted to the City before final approval of
the development.
6. Developer shall make separate application for approval of private
roadways and public utilities on proposed internal easements not shown
on this tract map.'.
7. Pavement Reimbursement
a) Developer shall pay for the first 35 feet from new face of curb on
First Street.
b) Developer shall pay for a 7 foot strip of existing paving along
715 feet of frontage on First Street.
c) Developer shall pay for a 10' wide strip of existing paving along
Kern Avenue.
d) City shall pay contractor for a strip of new paving on First Street
10 feet wide and 197 feet long and 5 feet wide and 177 feet long.
e)' City shall pay for asphalt paving to shift the old centerline of
First Street to the new centerline location. Payment for this
work shall be madec•on the basis of the calculation shown on the
calculation sheet.
8. All construction affecting existing traffic on Kern Avenue and First
Street shall be scheduled by the contractor to be completed within
thirty (30) calendar days of its initiation. Said schedule shall be
subject to the approval of the City Engineer.
9. All electric service shall be underground.
0
CALCULATION SHEET
1. WATER MAIN
Existing Welburn Avenue 1,015.48 @ 8.00 /L.F. _ $
8,120.00
Kern Avenue 1,627.80 @ 4.00 /L.F. =
6,511.20
First Street (owner to construct)
Offsite Water 21.42 Ac. @ 360. =
7,711.20
Developer to pay for Lots 1 through 23, 27 and 28 at this time
(See Special Provision #3)
2. SEWER MAIN
Existing Welburn Avenue 1,015.48 L.F. @ 5.00 =
5,075.00
Offsite sewer (Paid with Building Permit)
3. STORM MAIN
Existing Welburn Avenue 1,015.48 @ 8.00 /L.F. =
8,120.00
Offsite Storm 32.79 Ac. @ 485./Ac. =
15,903.15
4. STREET IMPROVEMENTS
A. City liability
First Street - Existing - 10 ft. x 197 ft. = 1970 S.F. +
5ft. x 177 ft. = 885 S.F. = 2,855 S.F.
2,855 S.F. @ $.60 /S.F. =
1,713.00 Credit
First Street Centerline Relocation
10' x 1.2' + 15' x 1.3' = 21.75 C.F. x 150 lbs. _
2
3,265.5 lb. + 10% s 1.7945 Tons /L.F.
1.7945 Tons x 600 L.F. = 538 Tons
2
538 Tons @ 11.00 /Ton
5,918.00 Credit
Welburn Avenue
992 L.F. x 11' wide @ $.50 /S.F.
10,912 S.F. @ $.50 =
5,456.00 Credit
B. Developer's liability
Kern Avenue Existing Paving
1,600 L.F. x 10' wide @ $.50 = 8,000.00
First Street Existing Paving
715 L.F. x 7' wide @ $.60 = 3,003.00