Stelling, John*19t DEVELOPMENT AGREE
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION
SYSTEMS: IMPROVETT.TNT OF STREETS: INSTALLATION
OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS
FACILITIES
This agreement made and entered into this 1st day of
April , 1968 , by and between the City of Gilroy, a municipal
corporation, herein called the "City" and John Stel l ing
, 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: Loma Orchard Tract 4466 Unit 1
and,
t °HEREAS, 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 and,
WHEREAS, the City has certain responsibilities for maintenance
and operation of such utilities and public service facilities and
after acceptance by City, and for providing the necessary connecting
system, general plant and appurtenances, and the City is agreeing
to discharge those responsibilities.
NO?J THEREFORE, in consideration of the premises and in order to
carry on the intent and purpose of said Codes, Ordinances, Resolut-
ions 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 concerning the subject matter of this agreement are here-
by referred to and incorporated herein to the same effect as if they
were set out at length herein. Said Codes, Ordinances and Regu-
lations 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
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,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.
R7nT'TnT�T 7
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 23,000 , 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 done
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.
SECTION
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,
'GSA OTT TMNr
DFV'rLOPMFNT COSTS CITY'S COSTS
a. Easements & Rights -of -way
"On Site ", 0 100% P,
b. Easements & Rights -of -way
"Off Site ",
c. Street Paving
See Calculation Sheet
100%
$_ 2,384.34
d. Street Curbing;
100
—3—
a
U
e. Sidewalks;
100 %.
f. Street Name Signs;
3 100
g. Street Tree Planting &
Parkway Improvements;
City Code,
100
h. Street Lighting;
100
Electroliers shall become
the property of the City
irdater "On Site" 1,45 3,643.31
See Calculation Sheet
Water "Off Site" ;5 669.90
2.90 Acres @ $231 / Acre
0
a
tir
k. Sanitary Sewer "On Site",
2,337.60 �$
See Calculation Sheet
1. Sanitary Sewer, "Off site",`
To be collected upon
issuance of each building permit
M, Storm Drains "On Site "; 100% �.
n. Storm Drains, "Off Site ", 1.2586b ti
2.90 Acres @ 434.00
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•ip „� u.as
DUE CITY BY DEVELOPER 10,293.75
DUE DEVELOPER BY CITY
%Does -not include water meter, sanitary or
recreation fees and charges.
IF 1JITNESS WHEREOF, said parties have caused these presents
to be executed the date and year first above written,
ATTEST:
ZL. J
r City Clerk
FORM !,>' R OVED :
r Fl
City At< orney
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CITY OF GILROY
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NOTE: If Developer is a corporation, the complete legal name and
corporate seal of the corporation and the corporate titles
of th6 persons signing for the corporation shall appear
above. STIPULATIONS
1. The developer or his assigns hereby agree to extend Seventh Street from its existing
terminus on Princevalle Street westerly to Miller Avenue. The street shall be
constructed at such time as property along this proposed alignment develops.
2. Developer or his assigns agree to accept drainage from lots 12, 13, 14, and 15 on
Orchard Drive on to his property to the south of the subdivision. It is under-
stood that the-valley gutter to be constructed at 6th Street is temporary in nature
and may be eliminated upon the extension of Orchard Drive to 7th Street (provided
also that the storm drain has been constructed along Seventh Street)
3. Developer or his assigns agrees to grant to the City a 10 foot storm drain easement
and a temporary work easement for the construction of the Seventh Street storm
drain from Princevalle Street to Miller Avenue. Said easement shall be granted
to the City within (90) ninety days from the signing of this agreement.
4. The developer will be allowed to delay paving on Miller Avenue until such time as
the property on the westerly side of Miller Avenue developes or upon demand from
the City, at which time the developer shall pave this portion or may elect to
deposit a cash payment for said pavement based upon the rate of 0.30 per square
foot. Paving involved shall be from the end of curb radius southerly to the
tract boundary.
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LOMA ORCHARD TRACT 4466 UNIT NO. 1
CALCULATION SHEET
CITY DEVELOPMENT FEES
1. Streets (Existing Charge)
(a) 6th Street 8 1/2' @ 0.30 = $2.55 / F.F.
1038.93' L.F. @ $2.55 (- 10%) = 2,384.34
2. Water Main
(a) 6th Street (On s.'t.te.existing)
1038.93 L.F. @ $3.50 / F.F. (- 10%) = 3,272.62
(b) Miller Avenue (on site existing)
117.68 L.F. @ $3.50 / F.F. (- 10%) = 370.69
(c) Off Site
2.90 Acres @ $231.00 / Acre = 669.90
3. Sewers
(a) 6th Street
1038.93 L.F. @ $2.50 / F.F. (- 10 2,337.60
4. Storm Drains
2.90 Acres @ 434.00 / Acre = 1,258.60
Total Offsite and Onsite Fees Due City 10,293.75