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PROPERTY DEVELONIENT AGREEMEN'r
AGREEMENT FOR EXTENSIONS ON WATER DISTRIBUTION SYST1-.'MS:
IMPROVEMENT OF STIIEETS: INS'rALLATION OF SEWERS, S'roRM
DRAINS AND OTHER PUBLIC WORKS FACILITIES Nu. 83 -18
This agreement made and entered into, this 19th day of September
19 83 , by and between the City of Gilroy, a nuniclpal corporation, herein called the
"CV :y" and ROYAL POOLS a real property owner
dev,!Iper or subdivider, herein called the 'i), veloper%
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 cal Led:
Assessor's Parcel No. 835 -04 -001 _ allot,
WHEREAS, the Developer requires certain utilities and public works facilities lu
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, hat+ enacted certain Codes,
Ordinances and Resolutions and certain Rules and Regulations have bcen promwlgated
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 cunnecting 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, ReSUlutionri and Kegul,itlor►s, it is agreed
by and between the parties as follows:
SECT 1.0N 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established
policies of the City and the laws of the State of California cunceruing the subject
matter of this agreement are hereby referred to and incorporated herein to the same
efi det as if they were set out at length h In. Said Codes, Ordirnancc•H and
Ke;;ulatione include, but are not limited t the following: the Code of the City of
Gt -oy tincluding but not limited to Chapters 12A, 19, 20, 21 Res, rill -Sti and 76 -41,
thcreuf pertaining to local improvement procedures in subdlviHiou or development
respectfully): Ordinance No. 711 (Zoning Ord.): Resolution 81 -17 (1919 Uniform
Building Code): Rules and Regulations. 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 agreeiaciit.
SLC'1'IUN 2
u
The Developer agrees:
a. To perform each and every provision required by the City to be
Performed by the Developer in ear h and every one of said Codes,
Ordinances and other Regulationd.
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 dewer lines in or to said
real property may be extended.
C. To indemnify and (told 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 whir_1►
the Developer or any contractor or duhcontraeLor of tl►e
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 net out herein, according to the standards
heretofore established, and according to Elie grades, plans :u►d
specifications thereof, all as approved by tilt City Engineer, and
shall furnish two (2) good and sufficient bonds. One shall be
executed in the face amount of no less than $ 3 , 133 . Q0 and
the other shall be executed in an amount no less than 50Z of tl►e
above mentioned bond and shall secure payment to the contractor,
his subcontractors and to persons renting equipioent or furnishing
labor or materials to them for the improvement hereunder,
and as provided for in Section 4200 -4210 of the Goverum.•nt Code
Of the State of California, tile Codes, Ordinances, Kesolutiund,
and Kegulations of the City, and LhLa agreement.
The faithful performance build heretnabove provided fur, 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 performaoce bond for u4►i1lteoanc'e, the
Developer
may
furnish
a maintenance hand in Elie .,mount of 107. of the total
contract
price
(with a
minimum amount of one thousand dollar:; $1,0110,00) to
cover the
one
year (1)
maintenance period.
e. That upon approval of the final wag) of the subdivision, Elie record of
survey or the building; permit covering the real estate to be improved
and before any work is dune therein, Cite Developer shall pay to tite (;icy
all sums, except cost to be borne by Cite City, shown in Sect ton 1
thereof to be due under the ter►nb 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 he done pursuant to
Elie terms of this agreement are to be completed within one year from and after the
date and year first above written.
SECTION 5
•
;hat the special provisions concerning the particular real estate referred to
above, being attached hereto, are hereby incorporated herein and expressly made it
part of this agreement.
-2-
SECT ION 6
The faithful and prompt performance by Lhe Developer of each and every term dud
cundition contained herein is made an express condition precedent Lo 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 ally n►uuies 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, Kc: solutions of the City, in the event of ally such default by
Developer.
SECTION 7
That the following are the estimated amuunts of costs to bu borut, 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 DEVL•:LOPMENT cos'r
Engineering Map Checks $ n/a
a) Subdiviaons $ t $ (n)
Parcel Napa $ + $ (n)
n- Number of lots
b) Engineering Plan Check $ 157.00
and inspect iui► —
5 x $ 3,133.00
c) Miscellaneous Engineer $ 93.00
Service
Nu, of flours x $ 31. 00
3 hours
d) Public Works Microfilmin, $ n/a
S�Sf�eet Maps and Plans
-1-
e) Fire Hydrant location Fee
$ for first five hydrants
+ for each addiLionwl
F�
n/a
f) Area Water Charge
$
1,074.00
0.594 Acres (d $-1_L808 /Acre
g) Construction Water
$
56.00
118.2 LF @ $0.40 /LF + 0.594 Acres
@ X14.89 /Acre
h) Off -Site Storm Drainage
$
851.00
0.594 Acres @ $1,432.00 /Acre
Acres @ /Acre
Area "C"
i) Front Foot Water Fee
,-1.946-00
118.2 LF @ $16.46 LF
J) Front Foot Sewer Fee
S
1,401.00
118.2 LF @ $11.85 LF
k) Front Foot Storm Drain Fee
$
2, 178. 00
118. 2 LF @ $18. 43 LF
1) Street Paving
$
1,797.00
1,182 SF @ $1.52 /SF
M, Curb and Cut ter
$ __By
Developer
_ LF @ /LF
-4-
n) Galvanized Pole Electroliers
LF @ $ /LF
o) Electrolier Conduit
LF @ $ /LF
p) Fire Hydrants
118.2 LF @ $ 2.30 /LF
q) Utility Pule Mounted Electroller
118.2 LF @ $ 1.43 /LF
r) Easements and Rights of Way
"On Site"
a) Easements and Rights of Way
"Off Site"
L) Other
Median Landscaping
_118.2 LF @ $7.50 /LF
•
$_ n
$ n/a
$ 272.00
$ 169.00
$ 100%
$ 100%
$ 887.00
DUI;
CITY BY DEVh:MPEM
$
10, 881 . 00
DUN:
UEVELOPEK BY CITY
�
NET
i)a: c rrY
$
10,881.00
IN WITNESS WHEREOF, said parties have caused these presents to be executed
Cite date and year first above written.
ATTEST;
City Clark
CITY OF GI LROY
UGVE�rLOOP :It
a Graham Shepherd for ROYAL POOIS
BY
DATE: September 14, 1983
NOTE: If Developer is a corporation, the complete legal name anti corporate seal of tilt.
corporation and the corporate titles of the persons signing for the corporation
shall appear above.
d,
STIPULATIONS
ROYAL POOLS AGREEMENT
1. Install curb and gutter to City Standards along the
Leavesley Road frontage.
2. Conform the paving on Leavesley Road to the new curb
and gutter, and overlay 8 feet from the new lip of
gutter as directed by the Engineer in the field.
3. Schedule the construction of improvements along
existing public roads so that the work affecting
vehicular traffic is completed with a minimum inter-
ruption to traffic.
4. All work within the public right of way shall be
subject to the approval of the City Engineer.
Accepted by:
C�� l
Date: � ��