Morton, BenPROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS;
IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 7th of April ,
19_69 , by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Ben Morton , 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:
Tierra Del Roble Tract 4678 Unit No. 1 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,
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
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 12 A, 19, 20
and 21 thereof pertaining to local improvement procedures in subdivision or
development respectively); Ordinance No. 602 (Subdivision Procedure, etc.);
Ordinance No. 711 (Zoning Ordinance); Ordinance No. 693 (1961 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
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subdivision or development respectively); Ordinance No. 602 (Sub-
division Procedure, etc.); Ordinance No. 711 (Zoning Ordinance); Or-
dinance No. 693 (1961 Uniform Building Code); Rules and Regulations.
Included in the above are all of the above referred to Codes, Ordi-
nances, 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 en-
cumbrances, 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 sub-
contractor 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, each of which shall be executed in the
face amount of no less than y? 38„opos , and one of
which bonds shall guarantee that faithful performance of
this agreement and the other said bond shall secure pay-
ment to the contractor, his subeontr ^ctors 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, Reso-
lutions 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 cone
therein, the Developer shall pay to the City all sums,
except costs 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.
S7CTIONIL
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
That the special provisions concerning the particular real
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estate referred to above, being attached hereto, are hereby incorp-
orated 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 re-
fusal of the Developer to so perform, or to pay any monies due here-
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 ",
See Stip. No. 1
b. Easements & Rights -of -way
"Off Site" ,
See Stip. No. 2
c. Street Paving
d. Street Curbing;
See Stip. No. 3
D7Vr'LOPMFNT COSTS CITY'S COSTS
> 100 % a None
$ 0% i; 100%
100
100
e None
None
e. Sidewalks;
100% None
. See Stip. No. 3
f. Street Name Signs;
g. Street Tree Planting &
Parkway Improvements;
City Code,
, 100%
ni---
$ 100% Nom_
h. Street Lighting;
� 100% $ None
Electroliers shall become the
property of the City
-
i!% 1,190.00 ater "On Site" ,� � - - -- __ --
Cpa rn 1 r chaAf-
See Stipulation No. 4
1,11'ater "Off Site 1.21.68 Nnne
See Calc. Sheet
k. Sanitary Sewer "On Site",
100% v -
See Stip. No. 4
1. Sanitary Sewer, "Off site ".. 100% None
10 .00 /Lot upon issue of each
Building Permit
m. Storm Drains "On Site "; 100% None
n. Storm Drains, "Off Site ", 1,653.64 ?; -
See Ca1c. Sheet
Zone B See Stip. No. 5
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DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
$ 4=063.32
See Stipulations
IN IJITTTESS WHEREOF, said parties have caused these presents
to be executed the date and year first above written.
ATTEST:
City Clerk
FORM ,,*R OVED :
e
City Attorney
i,
CITY OF GILROY
DEVELOPER
By,
S
VOTE: 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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CITY OF GILROY
STIPULATIONS
TIERRA DEL ROBLE
Tract 4678 Unit No. 1
1) The developer agrees to reserve Lot 9 for a future street connection to the
south. Developer agrees to furnish the City with an improvement bond in
the amount of $3,800 to cover the street construction across this tot
and also to dedicate the required right of way should the street be required.
Should the property to the south develop in such a manner that this street
is not required, the City agrees to release the bond and approve the lot for
building purposes. This stipulation shall be reviewed two years from the
date of execution.
2) The developer agrees to grant to the City a 10 foot wide public utilities
easement along the southerly line of the property to the west shown on the
Tract Map as "Not a part of this subdivision ". Reasonable construction
right of way shall also be granted. This requirement is necessary in order
to extend utilities from the subdivision to property to the west. City
agrees to construct all required utilities within this easement within an
18 month period from execution of this agreement.
3) Should Lot 9 develop as a building site, the developer shall complete the
street construction.
4) The City shall reimburse the developer for the cost of approximately 188
L.F. of 8" V.C.P. sanitary sewer and approximately 182 L.F. of 8" C.I.P.
water main and valve along the westerly line of Lot 8. All prices shall
be based on the low bid and approved by the City. Progress payments shall
be made by the City for this work.
5) The City shall reimburse the developer for the cost of approximately 780
L.F. of 24" R.C.P. along Wren Avenue (shown as section "B" on the plans)
and approximately 385 feet of sanitary sewer along Wren Avenue from the
Tract to Welburn Avenue. All prices shall be based on the low bid and
approved by the City. Progress payments shall be made by the City for
this work.
TIERRA DEL ROBLE
TRACT 4678 UNIT NO. 1
ON SITE FEES
1) water 12" Exist. Main (13" charge) Wren Avenue
340 L.F. @ $3.50 /F.F. 1,190.00
2) Pavement
City pays for 11' center strip
1/2 street - 33' to F.C.
33' - 5.5' a 27.5' less 2' gutter - 25.5 N. No Charge
25.5' to 26' being constructed.
OFF SITE FEES
1) Storm Drains
5.28 Acres @ $313.19 /acre 1,653.64
2) Water
5.28 acres @ $231 /acre 1,219.68