Madonna Development Company (2)PROPERTY DEVELOPMENT ASKVSENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATI01 OF SEVERS, STORM
DRAINS AND OTTER PG3LIC V,!'ORKS FACILIYIES
This agreement made and entered into this 4th day of April .
1977, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Madonna Development Company , a real property owner,
developer or subdivider, herein called the "Developer."
14ITNESSETH:
!•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:
Mesa Ranch Road Tract No. 6012 Unit #2
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,
VVEREAS, 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 on
the intent and purpose of said Codes, Ordinances, Resolutions 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 concarn-
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
and 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
co Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as
amended to the time of execution of this agreement.
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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, Ordi-
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 $ 275,000 , and shall guarantee the
faithful] performance of this agreement; one shall be executed in an
amount no less than 500 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 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
Th6t 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
and after 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,-negl.ect:or refusal of the Developer to s6 perform, or to pay
any monies due hereunder when due shall release the City from any and all
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_ 4
obligations hereunder and the City, at its election, may enforce the perfor-
mance of any provision herein, or any right accruing to the City or may pur-
sue any remedy whatsoever it may have under the 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.
SECTIOq 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 DEVELOPMENT COSTS CITY'S COSTS BALANCE
a. Easements & Rights
of way "On Site" $ 100% $ -0- $ 100%
b. Easements S Rights
of way "Off Site" $ 1000 $ -0- $ 100%
c. Water "On Site" $ 1000 $ -0- $ 100%
d. Mater "Off Site`' $ $ -0- $
Paid with previous
agreement
e. Sewer "On Site" $ 100% $ -0- $ 100%
See Stipulation #2
f. Sewer "Off Site" S deferred
with building
permit
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$ -0- $ deferred
g. Storm Drainage
"On Site"
h. Storm Drainage
"Off Site"
Paid with previous
agreement
$ 100% $ -0-
$ -0-
$ 100%
$ -0- $
-0-
1. Engineering, Inspec-
tion, & Plan Check,
4% x $ 275,000 $ 11,000 $ -0- $ 11 nnn
J. Street Tree
Planting
With Building
Permit
$ Deferred
$ $ Deferred
k. Construction Water,
Dust Control E
Earthwork $ 556.64 $ -0- $ 556.64
3000' + 18.875 Ac.
1. Street Paving
m. Street Curb
Gutter
$ 100% $ -0- $ 100%
$ 100%
$ -0-
$ 100%
n. Sidewalks $ 100% $ -0- $ 1000
o. Street Name Signs $ 100% $ -0- $ 100%
p. Fire Hydrants
"On Site" $ 100% $ -0- $ 100%
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q. Street Lighting
$ 100%
C
N
$ 100%
DUE
CITY BY DEVELOPER
$
11,556.64
DUE
DEVELOPER BY CITY
$
-0-
NET
DUE CITY
$
11,556.64
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
f i.cid
City Cler
FORM PROVED:
City Attorn
CITY OF GILROY
v'r r
Mayor
HW�
�y
City m nistrat
DEVELOPER
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.
r
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MESA ROAD RANCH
TRACT NO. 6012 UNIT #2
All street right -of -way within the proposed subdivision shall be
dedicated and improved to city standards.
2. s a condition of the acceptance of the existing sewer, water and
s orm systems, the developer shall video tape the existing sewer and
st rm systems. Any defects found in the inspection shall be repaired
or odified before final acceptance.
3. The e rgency generator installed for this development shall be
fully erational prior to any additional permits.
4. The devel per shall install 270 L.F. of 8" VCP sewer main and provide
a 10' sew e and public utility easements on Lot 47 between Lots 46
and 47. Th city shall reimburse the developer all costs related
to the north rly 200 feet of this main installation as a credit
against offsi e sewer fees.
5. The owner re -af irms his responsibility as stipulated in the previous
Mesa Ranch Devel ment agreement dated February 25, 1974.
6. All easements and r'ghts -of -way along the water main from Tenth
Street to the propos d site shall be recorded in favor of the City
of Gilroy.
7. All electroliers shall ecome City property.
8. All utilities shall be un rground.
9. Owner agrees to install two 5 H.P. pump motors with pumps as
specified by the City Enginee and install 1 - 25 K.V. portable
generator to serve as an emerg ncy power source when power failure
occurs. Generator shall be equ ped to automatically start within
2 minutes of power failure and s fficient capacity to operate with-
out maintenance for a period of 7 hours.
The City will waive the developer's bligation to participate in the
original cost of the lift station fo this installation.
Plans and specifications for the genera or and the two extra capacity
pumps and motors shall be submitted to t e City Engineer for approval.
Owner agrees to install the 25 K.V. genera or prior to the occupancy
of any units in the project. Pump and moto installations, shall be
completed before completion of 90 units in t project.
Another agreement will be prepared for concurre t approval stipulating
the owner agrees to dedicate to the Ci o Gil y free and clear of
all encumberances a 10 acre parcel syrta4e ool or park site.
t
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DEPARTMENT OF PUBLIC WORKS
0114*tv of 61lrja
7377 Church Street, P. O. Box 66
GILROY, CALIFORNIA
95020
MESA ROAD RANCH
TRACT NO. 6012 UNIT #2
STIPULATIONS
Telephone 842 -9321
DAVID W. HANSEN
DIRECTOR OF PUBLIC WORKS
CITY ENGINEER
1. All street right -of -way within the proposed subdivision shall be dedicated and
improved to city standards.
2. As a condition of the acceptance of the existing sewer, water and storm systems,
the developer shall video tape the existing sewer and storm systems. Any
defects found in the inspection shall be repaired or modified before final
acceptance.
3. The emergency generator installed for this development shall be fully operational
prior to any additional permits.
4. The developer shall install 270 L.F. of 8" VCP sewer main and provide a 10' sewer
and public utility easements on Lot 47 between Lots 46 and 47. The city shall
reimburse the developer all costs related to the northerly 200 feet of this main
installation as a credit against off -site sewer fees.
5. The owner re- affirms his responsibility as stipulated in the previous Mesa Ranch
Development agreement dated February 25, 1974.
6. All easements and rights -of -way along the water main from Tenth Street to the
proposed site shall be recorded in favor of the City of Gilroy.
7. All electroliers shall become City property.
8. All utilities shall be underground.
9. Owner agrees to install two 15 H.P. pump motors with pumps as specified by the
City Engineer and install 1 - 25 K.V. portable generator to serve as an emergency
power failure occurs. Generator shall be equipped to automatically start within
2 minutes of power failure and sufficient capacity to operate without maintenance
for a period of 72 hours.
The City will waive the developer's obligation to participate in the original
cost of the lift station for this installation.
Plans and specifications for the generator and the two extra capacity pumps and
motors shall be submitted to the City Engineer for approval.
Owner agrees to install the 25 K.V. generator prior to the occupancy of any units
in the project. Pump and motor installations shall be completed before completion
of 90 units in the project.
Another agreement will be prepared for
m agrees to dedicate to the -Etty of-lai+r
10 acre parcel.
by
n
a- D t
nturrgrn t approval stipu ing the owner
free,,-And cleap-gifll 'pitumb94ices a
_,
gn d
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DEPARTMENT OF PUBLIC WORKS
01.1itu of Ovilrau
7377 Church Street, P. O. Box 66
GILROY, CALIFORNIA
95020
MESA ROAD RANCH
TRACT NO. 6012 UNIT #2
AMENDMENT TO STIPULATION
NO. 9
Telephone 842 -9321
DAVID W. HANSEN
DIRECTOR OF PUBLIC WORKS
CITY ENGINEER
9. Another agreement will be prepared for concurrent approval stipulating the
owner agrees to dedicate to Gilroy Unified School District free and clear
of all encumbrances a ten (10) acre parcel. -1 /'
Z-6 -7�
Date
R�I'rr-E. Bozzo, President i,/ )
oWT1O /v 61
Z