Union Oil Company of Californiae
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 20th day of October -_,
19_69_, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Union Oil Company of California , 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:
Northeast Corner of Leavesley Road & Whitehurst Avenue 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 5,000. , 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 ^etors 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
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.
FACILITY
a. Easements & Rights -of -way
"On Site',
See Stip. No. 1
b. Easements & Rights -of -way
"Off Site ",
None reauired
D-'V''LOPMFNT COSTS
P
CITY'S COSTS
100% � None
c. Street Paving 13K ��� �' � 672.00
R
See Calculation Sheet
Nine
5 None
d. Street Curbing;
100 % None
-3-
e. Sidewalks;
$ 100%
f. Street RTame Signs; afi 100%
g. Street Tree Planting &
Parkway Improvements;
City Codes
100%
► tell[ -
None
h. Street Lighting;
'k 100% None
Electroliers shall become City
roperty
i•, " • lf,3 ryL'U iL GvG(it i R�3.4n_ 4 Alnnc
ir,ater On Site"
See Stipulation-2 and KXXVX Calculation
1Vater "Off Site 106.26 None
r3
0.46 acres P $231 /acre
k. Sanitary Sewer "On Site ",
136 v 4,291.76
None
aY
See-stipulation-2
1. Sanitary Sewer, "Off site" �` 105.00 None
r 3e ` ,6j ,
1 1
u�
m. Storm Drains "On �5',' • 100% 450.00
,x,300' oversize above an 18" diameter
See calc. sheet
n. Storm Drains, "Off Site ",
0.46 Acres @ $380.70 /acre Zone "C "__
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Nana
Engr. Inspection & Plan Check
3% of Improvement Costs
DUE CITY BY DEVELOPER
DUE DE ,LOPER BY CITY
3
�? &..
($5000) _ 150.00
IL123 -S4
G
IF WITATESS MMREOF, said parties have caused these presents
to be executed the date and year first above written.
ATTEST:
City Clerk
FORM , OVED :;
City Att,6rney
CITY OF GILROY
DEVELOPER
1 l 1,,
UNION OIL COMPANY OF CALIFORNIA
By 4:
T IN NICE PRESIDENT
E. H. G0lisch ASSISTANT SECRETARY
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.
Note: Does not include building permit and plan check fees or water meter charge.
Stipulation No. 1
Developer agrees to dedicate a 20 foot return radius and the widening required
for one half of a 60 foot right of way along Whitehurst Avenue.
Stipulation No. 2
The -City agrees to reimburse the developer for one half of the cost of the water and
sewer lines along Leavesley Road and Whitehurst Avenue (sewer = $4291.76 x 1/2 =
$2145.88, water = $5823.40 x 1/2 = $2911.70). Said reimbursement shall be made at
such time as the property or properties along the opposite frontages develop and the
City collects the existing utility fees on a frontage basis. This stipulation shall
expire ten (10) years from the date of this agreement. No reimbursement will be
made to the developer after the expiration date.
STATE OF CALIFORNIA,
jCOUNTY OF LOS ANGELES 6S.
ON 19AO—,
before me, the undersigned, a Notary Public in and for said State, personally appeared
hL. L UGRIN , known to me to be the
Vice President, and E. H. Golisch , known to me
to be the Assistant Secretary of Union Oil Company of California
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OFFICIAL SEAL the Corporation that executed the within Instrument, known to me to be the persons who
PEARL H. NIELENDREZ = executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
t':UThR F1_13I Ic- c,LIFOR(vIA = to me that such Corporation executed the within Instrument pursuant to its by -laws or a
rr °PfRll','CIr'AL ^FFiCE IiV = resolution of its board of directors.
`q LOS PANCEL ES COUNTY € WITNESS my hand and official seal.
My Commission Ex -r�s A�1 f,st 26, 1972
P' /
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NAME (TYPED OR PRINTED)
Notary Public in and for said State.
Pres. & Sec.. Wolcotts Form 223 —Rev. 3 -64
UNION OIL CO.
Northeast corner of Leavesley and Whitehurst Avenue
Development Fees
Area = 0.46 Acres
1) Existing paving Leavesley Road
160' x 14' @ $0.30 /SF = $ 672.00
2) Offsite water fee
0.46 acres @ $231 /acre = 106.26
3) Offsite Storm Fee Zone "C"
0.46 acres @ $380.70 /acre = 175.12
4) Off site sanitary
$105 /lot = 105.00
Total Due City $ 1,058.38
Oversize Storm Drain (above 18 ") - 450.00
Total Due Developer $ 450.00
Sanitary Sewer
1) 436 LF 10" VCI
2) 1 MH @ $ 290
3) 1 Cleanout
10% Engineer,
Total Sanitary
Water Main
CONSTRUCTION COSTS
Cost Based Upon Low Bid Submitted to
City By William Radtke Contractor
' @ 8.10 /LF $ 3,531.60
290.00
80.00
$ 3,901.60
Inspection & Staking 390.16
Sewer Cost $ 4,291.76
1) 436 LF 12" CIP x 10.80 x 10 $ 3,924.00
2) 2 ea. 12" G.V. @ $360 12 720.00
3) 1 FH assembly @ $650 650.00
10% Engineer, Inspection & Staking 529.40
$ 5,823.40