Resolution 1983-67
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RESOLUTION NO. 83 - 67
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY, ESTABLISHING PROCE-
DURES AND SETTING FEES FOR THE PROCESSING OF DEVELOPMENT AGREEMENTS
UNDER GOVERNMENT CODE 65864-65869.5.
WHEREAS, the California Legislature has by statute, commenc-
ing with Section 65864 through 65869.5 of the Government Code authori-
zed cities to enter into binding development agreements for the develop-
ment of real property; and
w~EREAS, the adoption of said procedures are necessary for the
orderly and equitable administration of the statute.
THE COUNCIL OF THE CITY OF GILROY DOES HEREBY RESOLVE that the
following procedures and fees shall apply to the city's processing of
"65864 Development Agreements" filed pursuant to Section 65865 of the
Government Code:
Section 1: APPLICATION. Any person having a legal or equit-
able interest in real property for the development of such property may
apply to the City of Gilroy for a "65864 Development Agreement" pur-
suant to Section 65865 of the Government Code.
Section 2: FILING FEE. To recover City costs incurred in the
administration and processing of Development Agreements, a non-refund-
able filing of $500.00 shall be paid to the City of Gilroy prior to,
or concurrent with, each application for a 65864 Development Agreement.
Section 3: PUBLIC HEARINGS REQUIRED. Prior to the City's ap-
prova1 of any 65864 Development Agreement, said Agreement shall first
be heard by the City Council pursuant to Public Hearing procedures set
forth in the Government Code. The City Council shall constitute the
advisory agency for purposes of Government Code Section 65867.
Section 4: APPROVED BY ORDINANCE. All approved 65864 Deve1op-
ment Agreements shall be by Ordinance of the City Council, and as such,
shall be subject to referendum.
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RESOLUTION NO. 83 - 67
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Section 5: CONFORMITY WITH GOVERNMENT CODE. This resolution
is not intended to supersede or in any way conflict with the provisions
of Government Code Sections 65864 et seq. relating to 65864 Develop-
ment Agreements as such provisions exist on the date this resolution
is adopted. It is specifically intended that those provisions shall
govern all matters relating to the content and enforceability of
Development Agreements and to the continuing application to a property
under 65864 Development Agreement of City rules, regulations, ordinances,
and policies in effect on the date the Development Agreement is ap-
proved by the Council.
Section 6: AlffiNDMENT OR CANCELLATION. Following public hear-
ing pursuant to Section 3 above, a 65864 Development Agreement may be
amended, or cancelled in whole or in part, by mutual consent of the
parties to the Agreement or their successors in interest.
Section 7: RECORDATION. No later than 10 days after the City
enters into a 65864 Development Agreement, the City Clerk shall record
with the County Recorder a copy of the Agreement, which shall describe
the land subject thereto. From and after the time of such recordation,
the Agreement shall impart such notice thereof to all persons as is
afforded by the recording laws of California. The burdens of the
Agreement shall be binding upon, and the benefits of the Agreement
shall inure to, all successors in interest to the parties to the agree-
ment.
PASSED AND ADOPTED this 6th day of September, 1983, by the
following vote:
ABSENT:
COUNCIL tlliMBERS: GAGE, HUGHAN, VALDEZ and LINK.
COill~CIL MEMBERS: ALBERT
COUNCIL llliMBERS: TAYLOR and GOODRICH.
AYES:
NOES:
APPROVED:
ATTEST:
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Mayor Protempore
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/ City Clerk
RESOLUTION NO. 83 - 67
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hereby certify that the attached Resolution Noo
I, SUSANNE Eo STEINMETZ, City Clerk of the City of Gilroy, do
83-67
is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 6th
day of
September , 19 ~, at which meeting a quorum was
presento
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 16th day of
September
19 83 0
A2M~.~~
~ Clerk of the ity 0 Gi1r
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