Meads Group_ � " "•••� Plio l'ERTY i)FVELOPMEN'T ACRFEMENT
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( AGREEMENT FOR EX'rENSIONS OF WATER DISTRIBUTION SYSTEM.
) �ry IMPROVEMENT OF STREETS: INs;rALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 84 -16
���r 19 J'l1AA'
This agreement made and entered into this � " +M
_ LD day of. u ..L J
1907 , by and between the City of Gilroy, a municipal. corporation, herein called the
"City" and hleadS G
- ro..s,
L)__ ___ a real property owner
developer or subdivider, herein called the "beveloper%
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:
Spring Field, Tract No 7639 and,
WHEREAS, the Developer requires certain utilities and public works facilities 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
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,
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 ttre
intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed
by and between the parties as follows:
That all Codes, Ordinances, Resolutions, Rules and Regulations and established
Policies of the City and the laws of the State of California concerning 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 Res. 80 -58 and 76 -47,
thereof pertaining to :focal improvement procedures in subdivision or development
respectfully): Ordinance No. 711 ('Zoning Ord.): itesol.ution 81 -17 (1979 Uniform
Building Code): Rules and Regulation:. Included in the above are all. of the above
referred to Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, 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, electricty, 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
improvements 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 $ 438,225.00_, and
the other 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 improvement 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.
The faithful performance bond hereinabove provided for, shall by the
terms remain in full force and effect for a period of one (1) year after
the completion and acceptance of said work, to guarantee the repair and
replacement of defective material and faulty workmanship.
In lieu of said faithful performance bond for maintenance, the
Developer may furnish a maintenance bond in the amount of 10% of the
total contract price (with a minimum amount of one thousand dollars,
$1,000.00) to cover the one (1) year maintenance period.
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.
gPrTTnM I
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.
SEC:TMN 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.
QE(TTnN S
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.
-2-
crnlr l i�a c
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 hereunder 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 of the City, in the event of any such
default by Developer..
Q C!'TT AM 7
That the following are the estimated amounts of costs to be borne by the respec-
tive 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
Engineering Map Checks
a) Subdivisons $ 208.00~ $ 3.00 („)
Parcel Maps $ + $ (n)
n= Number of lots
49 lots
b) Engineering Plan Check
and inspection
5% x $ 438,225.00
c) Miscellaneous Engineer
Service
No. of hours x $31.00
4 hours
d) Public Works Microfilming•
$5 /Sheet, (Maps and Plans)
8 sheets
e) Fire Hydrant Location Fee
$ 33.00for first five hydrants
+ 3.00for each additional
3 hydrants
-3-
DEVELOPMENT COST
$ 355.00
$ 21,911.00
$ 124.00
4
S
40.00
33.00
f) Area Water Charge
9.466 Acres @ $1,918.00 /Acre
Acres @ $ /Acre
$
g) Construction Water $
3720 LF @ $0.40 /LF + 9.466 Acres @ $14.89 /Acre
h) Off —Site Storm Drainage
9.466 Acres @ $1064.00 /Acre
Acres @ $ /Acre
i) Front Foot Water Fee
LF @ $ LF
J) Front Foot Sewer Fee
LF @ $ LF
k) Front Foot Storm Drain Fee
LF @ $ LF
1) Street Improvements
Includes pavement, curb S gutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for breakdown.)
See Stipulation No. 5
m) Utility Pole Mounted Electrolier
LF @ $ /LF
-4-
18,156.00
1,629.00
$ 10,072.00
$ By Developer
$ By Developer
Rv flavpl nnar
$ By Developer
$ N/A
n) Other $
Mylar Reproductions
2 Tract Maps @ $6.00 each
o) Other $
DUE CITY BY DEVELOPER $
DUE DEVELOPER BY CITY $
NET DUE CITY $
12.00
52,332.00
-0-
52,332.00
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATT T:
City Clerk
E
FO PROVED: F„
DATE
City Attorney - -"
J
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.
—5—
STIPULATIONS
SPRING FIELD TRACT NO. 7639
1. Locate and properly dispose of any wells, septic tanks and underground
fuel facilities.
NOTE: The capping of any well will require inspection by the Santa Clara
Valley Water District.
2. Before construction utilizing combustible materials may proceed, an all
weather access must be provided to within 150 feet of the building site;
and at least one in service fire hydrant must be available within 500 feet
of each portion of the site wherein this construction is to take place.
Location of the fire hydrants will be determined by the Fire Chief.
3. All existing or remnants of stock ponds shall have an engineered fill.
4. The developer shall provide a sound wall fence, to be built six inches
within the public right -of -way adjacent to Santa Teresa Boulevard.
5. At the time of issuance of building permits the Developer shall contribute
to the interim street improvement fund for the City's northwest quadrant,
for the development of Santa Teresa Boulevard.
6. The developer agrees to dedicate and improve to City Standards all streets
and public improvements as shown on Tract Map and plans.
Accept
Title:
Date: