Loading...
Manzo, DonaldPROPERTY DEVELOPMENT AGREEMENT AGREEMENT FOR EXTENSIWIS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS; 114STALLATION OF SEWERS, STORM DRA114S AND OTHER PUBLIC IJORKS FACILITIES This agreement made and entered into this 5th day of February , 19 73 , by and between the City of Gilroy, a municipal corporation, herein called the `City" and Donald Manzo a real property owner, developer or subdivider, herein called the "Developer ". WITNESSETH: !JHEREAS, 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: Sunrise Park Tract 5361 and, 4IHEREAS, 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, VIHEREAS, 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 consi.leration 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 ado. 602 (Subdivision Procedure, etc.)Ordi- nance [So. 711 (Zoning Ord.) ; Ordinance No. 0`65 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 $ 40,000 , 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. I FACILITY a. Easements b Rights -of -way "On Site ", See Stip. No. 1 b. Easements & Rights -of -way "Off Site ", c. Street Paving d. Street Curbing; see City Code Sec.26 -12, Table 11 e. Sidewalks; see City Code, Sec. 26 -12, Table 11 f. Street Name Signs; see City Code, Sec. 26 -12, Table 11 DEVELOPMENT COSTS $ 100% $ 100% CITY'S COSTS $ None c None $ 100% $ None $ 100% $ None $ 100% $ None $ 100% $ None -3- g. Street Tree Planting Parkway Improvements; City Code, $ 100% To be approved by City Parks & Recreation Dept. See Stip. No.2 h. Street Lighting; $ 100% Electroliers shall become City property i. hater "On Site" $ 100% j. 'later "Off Site" $ 1,537.20______ 4.27 Acres @ $360 /acre k. Sanitary Sewer "On Site' $ 100% 1. Sanitary Sewer, "Off Site" $ 100% $ None $ None $ None $ None $ None _ To be paid with Bldg. Permit m. Storm Drains 'On Site' $ 100% $ None See Stip. No. 3 n. Storm Drains, 'Off Site'' $ 2,519.30 $ None See Stip. No. 3 4.27 Acres @ $590 "C" o. Engineering, Inspection & Plan Check 3.5% x $ 40,000 $ 1,400.00 -4- DUE CITY BY DEVELOPER DUE DEVELOPER BY CITY $ 5,456.50 IM WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEST: City Clerk 1 FORM APPROVED: CITY OF GILROY BY BY MOTE: 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- Y r JJ V lz o DEPARTMENT OF PUBLIC WORKS Catty of (6tIrja 7377 Church Street, P.O. Box 66 GILROY, CALIFORNIA 95020 SUNRISE PARK SUBDIVISION TRACT 5361 STIPULATIONS Telephone 842 -9322 WILLIAM K. HENRY DIRECTOR OF PUBLIC WORKS CITY ENGINEER April 5, 1973 1) Developer agrees to dedicate to the City a 5 foot wide strip along Miller Slough adjacent to Lots 6, 7, and 8. 2) Developer shall construct a 6 foot wide berm, 2 feet high along the freeway side of Lots 1, 2, 3, 4, 5 and a portion of 6. A 6 foot high fence approved by the City shall be constructed along the Freeway side and Miller Slough side of the subdivision. Five (5) gallon size trees located 10 foot on center shall be planted on top of the berm. 3) The developer shall secure all necessary encroachment and construction permits from the Santa Clara County Flood Control District for the storm drain outfall to be constructed. 4) The City Fire Department shall give approval before the City Engineer signs the final tract map. 5) City agrees to charge the Hadley property (4.96 acres) for one -half the cost of extending the offsite 8" water main from the subdivision to Sixth Street. Said reimbursement shall be 1/2 x $5,160 = $2,580. Said reimbursement shall be made to the developer at such time as the Hadley property develops and the City collects said charge. This stipulation shall expire within 10 years from the signing of this agreement. No reimbursement will be made after that date. 6) No fee is charged for the existing sanitary sewer outfall on the easterly boundary as the developer is paralleling this sewer with a sewer to serve the subdivision.