Sanchez, Al/7
PROPERTY 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 18th day of June ,
19_§.9 , by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Al Sanchez , 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:
Sanchez Volkswagon Agency Church St. and Welburn Avg. and,
WHEREAS, the Developer requires certain utilities and public works facili �.4.
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 1
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
Cpde of the City of Gilroy (including but not limited to Chapters 12 A. 19, 20
t
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 ail of the above referred
to Codes, Ordinances, Resolutions, Regulations and Substitutions therefor, as
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 P Nonp Rgquirpd , 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 subcontr ^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.
S CTION
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 ",
DT r'LOPMFTTT COSTS C ITY I S COSTS
100% "' ,0-
Stipulation 1 -
The developer agrees to dedicate a
20 foot property
line radius
at the Southeast corner of Church
Street and Welburn
Avenue.
Stipulation 2 -
The developer shall dedicate a Ten
(10) foot wide strip
along
Welborn Ave- D dication shall be
upon demand by the
City and
-~
shall be for street widening in the
future.
b. Easements &
"Off Site'
Rights -of -way
None
.
r
-0 -.
c. Street Paving
Ii' W.M. U.
Church = 560' No Fee. See aetreement 2/62)
Welburn = 318.31 x $6.00
d. Street Curb:?ng;
Welburn Ave. 318.31 x 1.75
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557.04.
G
-0-
e. Sidewalks;
? 100% `,'., 0
Stipulation 3 The developer shall construct a 5 foot wide sidewalk along his
entire trontage Melburn Avenue and Church St.)
f. Street Name Signs;
100% 0%
"4 °
0 4,r
g. Street Tree Planting &
Parkway Improvements;
City Code, 100% 0 %.
h. Street Lighting;
'�, 100% 0%
MR-3[T61T11:1iil�' M-1 efelirMle -
property of the City
stater "On Site" 1 ,400.00 0%
T- =rs at 23.1 00 /acre -
1,47ater "Off Site" 866.25
3.75 acres @ $231.00 /acre
k. Sanitary Sewer "On Site ",
795.77
.„318.31 @ $2.50
(Welburn Ave.)
1. Sanitary Sewer, "Off site ".,
m. Storm Drains "On Site ";
100%
n. Storm Drains, "Off Site ", 1.174.46
L-75 Acres @„$313.19 /AcxP
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0%
a
0 -0-
DU', CIm. v- BY D:7VELOL'ER
Does not include Building Permit, Water Meter Fee
Offsite Sanitary Fees
DTTT-� DEVR10-MR BY CITY .�....A� -.ma x......... _,
ITT 1 ^I"'REOP, said. parties have OAused these p;� ,6$enta
to be executed the date and year first -bete written,
ATTEST*,
�elTCity C:%erx
F 0RX
CITY OP GILROY
DEVELOPFR
By.........._...._.. ,... ...�...
YOTE: If Developer is a corporation, the complete legal and
corporate seal of the corporation and the corporate c -.tleY
of the persa-r)s +aigning j'or tine ecrpor^tior, shall ttppeF �,
above.
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SANCHEZ VOLKSWAGON
SOUTHEAST CORNER OF WELBURN AVE. AND CHURCH STREET
Area of development = 3.75 acres
OFFSITE FEES
1) Water 3.75 Acres @ $231 /acre = $ 866.25
2) Sanitary collected with building permit
3) Storm Drain 3.75 Acres @ $313.19 /acre = 1,174.46
ON SITE FEES
1) Street paving
Church St. paid under agreement Feb., 1962
Welburn Ave. 318.31 LF X $6.00 1,909.86
2) Street Curbing
Church St. paid under agreement Feb. 1962
Welburn Ave. 318.31 LF X $1.75 557.04
3) Water Main
Church St. 560 LF @ $2.50 /LF (6" main) 1,400.00
4) Sanitary Main
Welburn Ave. 318.31 LF @ $2.50 795.77
Total On Site and Offsite Fees $ 6,703.38