Loading...
A.G.C., Inc.} PROPERTY DEVELOPMENT AGREEMENT #81 -7 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 May 19 819 by and between the City of Gilroy., a municipal corporation, herein called the "City" and A.G.C. Inc. a real property owner developer or subdivider, herein called the "Developer." 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: Assessor's Parcel's # 810 -29 -004, 005, 006 and 007 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, Resulutions and Regulations, it is agreed by and between the parties as follows: ccrrinu 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 Code of the City of Gilroy (including but not limited to Chapters 12A, 19, 20, 21 Res. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in subdivision or development respectively): Ordinance No. 602 (Subdivision Procedure, etc.): Ordinance No. 711(Zoning Ord.): Ordinance No. 1768 ( 1973 Uniform building Code): Rules and Regulations. Included in the above are all of the above referred to Codes, Ordinances, Resollutions, Regulations and Substitutions thereof, as amended to the time of execution of this agreement. cFrT 1 M 9 The Developer agrees: a. To perform each and every provision required by the City to be per- formed by the Developer in each and every one of said Codes, Ordin- ances and other Regulations. 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, 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 subcontractor 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 im- provements 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. One shall be executed in the face amount of no less than $ 52,600.00 , and shall guarantee the faithful] performance of this agreement; one shall be executed in an amount no less than 50% of the above mentioned bond and shall secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improve- ment hereunder, and as provided for in Section 4200 -4210 of the Government Code of the State of California, the Codes, Ordinances, Resolutions 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 cost 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- SFrTInN h That all the provisions of this agreement and all work to be done pur- suant to the terms of this agreement are to be completed within one year from land After the date and year first above written. SECTION 5 That the special provisions concerning the particular real estate re- ferred to above, being attached hereto, are hereby incorporated herein and expressly made a part of this agreement. gFrT MN 1, 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 refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all -2- 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 i 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 land are subject to final determination upon comple- tion of the work. FACILITY a) Engineering Map Checks Subdivisions $167.00 + $2.50 (n) Parcel Maps $ 70.00 + $2.50 (n) n= Number of lots b) Engineering Plan Check and Inspection 4% x $ 52ct,6U6— c) Miscellaneous.Engineer Service No.of hours x $25.00 2 hr. x $25.00 /hr. d) Public Works Microfilming $5 /Sheet (Maps and Plans) 2 sheets x $5.00 /sheet e) Fire Hydrant Location Fee $25.00 for the first hydrants + 2.50 for each additional DEVELOPMENT COST $ N.A. c 9 tnh nn \ -- 50.00 $ 10.00 $ N.A. f) Area Water Charge $ 1,651.00 0.918 Acres @ $ 1,45j /Acre = $1338 0.861 Acres @ $ 364 /Acre = $ 313 -3- g) Construction Water $ 288.00 894 LF @ $0.30 /LF +_L._712 Acres @ $11.30 /Acre h) Off -Site Storm Drainage 0.918 Acres @ $868 /Acre= $797• 0.861 Acres @ $217 /Acre= $187. District "A" i) Front Foot Water LF @ Fee AF j) k) Front Foot Sewer LF @ Front Foot Storm LF @ Fee AF Drain Fee AF 1) Street Paving SF @ /SF' m) Curb and Gutter LF @ /LF n) Galvanized Pole Electroliers LF @ $ /LF o) Electrolier Conduit LF @ $ AF -4- $ 984.00 $ -0- $ -0- $ By Developer- By Developer $ By Developer $ N. A. $ N.A. •p) Fire-Hydrants LF @ $ LF q) Utility Pole Mounted Electrolier 200 LF @ $ 1.18 AF r) Easements and Rights of Way "On Site" s) Easments and Rights of Way "Off Site" t) Other -0- $ 236.00 100% $ 100% t DUE CITY BY DEVELOPER $ 5,323 DUE DEVELOPER BY CITY $ -0- NET DUE CITY $ 5,323 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTE City Clerk C i't y NOTE: CITY OF GII RnY B B DEVELOPER / DATE ..J _ -.��� ' If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons -5- I I I Y O1 t; I I K0Y Iil Vt I (WHI NI (:0 'j 1 S(.HLDHI I_ Nu. DoLu Initialed Location (A I)IopeIIy East side of Heather Court off of Mesa Road AsscSaul ' , Parcu I U 810 -29 -0042 005i_006, and 007 Ndnle ut Applicant A.G.C. Inc. Add P. 0_ Box 727,_Gi_lroy, California 95020 type of Duvulopmont PI,ywcd 4 single family homes Area 1.779 Acres Total Sturm Drain "A" Strut Fluntayu Enyincuriny Muh ChinL, 01- 100 -1100 - 6004 -11 Subdiviaiun� r (II) P a I -eI M, 11) (N) N - NUIIII,,11 Eny i nc:cr P 1 an Chccl, .,nJ t i,,n 01-100-1100-6004-12 �t x ' - -- `�2 600 — - X - CuSt of pilblic iuil,IUvcnlenL!� Mi sce I I ancow., LnginccI ,,,•Ivi<< 01- 100 -1100- 6004 -13 No ul huu,-t) x(25.00 ) x 2 hrs. , Public Wurl._> MiLIotil III i I iq 01- 100 - 1100-6004 -11t S5 /Sh-: t- (m.ap�. .III,I x 2 sheets Emeryency 01- 100 - 1100 - 6004 -15 Nu. ut hours x ( ) Fire Hydrant Lucdtit)(1 1,-c 01- 100 -1100- 6002 -01 1,-)1 thu t I ,t 5 hyJI.Int" + for u,,Lil .IJJI t i„n.,l hydr,allt Arca W,_,IuI Ch,ar9c 03- 300 - 1300 - /203 -00 �AL 1 i., 1, 457 - - - -- /Ac re = $1 , 338 0.861 Acres @ 364 /Acre= $ 313 COW) Lru(.LiOH W,atcl 0/ -/20- 1900 - 8001-00 $9A Li- I, ",(I jO II I 1 .779 AcI - c, (,)$ 1 1 . 3 0 /Ac I u 3.3.1 -81 S.D. -L. $ N.A. $ 2,104.00 $ 50.00 $ 10.00 $ N.A. $ N.A. 11 ._y • Dom-.,. I „��,ui, ii1 t r.l 011 - '1i t.. `, t,it ni 111.1111 07 1A) I i00 7102 -011 07--2:10 I S00 - /:'U7 -UI 0' I - 1 00- %7U:' -00 0_ - , ,_- 1 100 - 1702 -00 07- 21;1 -1300- 7201 -00 u2- 214 -1300- /201 -00 07 -22; -1300- 7202 -00 0.918 ALI'ct� t.J$ 868 0.861 - Acres @ $ 217 Front Foot Clt.,ryct, -2 -- D i s t r i c t "A” D 1 5 1 I- I (_ L "A- I'' j 5000 /Ac D I I I i L: L "b" 6711 /AC DISLrICL "L" 7',')/Ac D I b t r i c L "D" 720 1A, DiSLrIcL "E" X117 /Ac Di5tI -IcL "F" 868/AL /Acre:= -- $797 __ /Acre= $187 W.jtCI 02- 730 -1300- 7204 -uu L P$ /LF SeW� r Street I MI) I- Ovenlents Pavement _ Curb & Gutter- s i dewd I k GaI.Pu10 EIectrulieI- ElecLrulier- - Cunduit _ FiIC Hydrant 02- 230 - 1300-7205 -00 L L 02- 230 -1300- 7207 -00 L F lu'$ /LF sF �$ LF CW$ SF Ci$ LF t�$ _L F P $ L F (,-) $ 84.0- 0__�__ $ $ -0- $ -0- $ —By Developer 02 -23U -1300- 7206 -00 $ By Developer /SF = $ By Developer -- _ /LF = $ -- /SF = $ N.A. /LF $ N.A. /LF /LF - $ 0 T Wood Pule Mounted Electrolier 01- 100 - 1100 - 6004 -20 200 L p $ l.18 /1F Pub Iic_ Wurk!�, Cash Bundy Lind DchuSit5 08-800 -1100- 6004 -02 $ 236.00 0ther $ T01AL $ 5,323.00 STIPULATIONS A G C INC. AGREEMENT 1) Locate and properly dispose of any wells, septic tanks and underground fuel facilities. NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 2) Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 3) All work within the public right of way shall be subject to the approval of the City Engineer. 4) Before construction utilizing combustible materials may proceed, an all weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 500 feet of each portion of the site wherein this construction is to take place. 5) This agreement shall run with the land and be binding upon any successors in interest. 6) The assignment of this agreement by the developer to another party shall require prior approval of the city council. 7) Owner agrees to improve to city standards all streets and public improvements as shown on plans for this Development. 8) The developer shall be reimbur Parcel #810-29 -008 at the time eloped within 10 years of this 1p� 9) The developer sha receive no ing parcel #810 -21} -007 & 008 to the cost of improvements as copy attached). sed for 1/2 the street improvements fronting Assessors of development of said parcel, providing it is dev- agreement. reimbursement for 1/2 the street improvements front - Since the owners of these parcels have contributed per a private agreement dated April 29, 1981 (see Accepted by AGREEMENT FOR STREET IMPROVEMENT THIS AGREEMENT made and entered into this ��" day of 1981, by and between GARY L. WOJAN and PENNY A, WOJAN, his wife, hereinafter WOJAN, PETER R. B.URGE',and LEONA H. BURGE, his wife, hereinafter BURGE, HAROLD J, ,PACKARD and JUNE R. PACKARD, his wife, hereinafter PACKARD, . and A. G, C. CO. " INC. , a California Corporation, hereinafter A. G. C. , 'all of Gilroy, California. WHEREAS, WOJAN is the owner of PARCEL ONE hereinafter described, BURGE is the owner of PARCEL TWO hereinafter described, PACKARD is the owner of PARCEL THREE hereinafter described, and A. G. C. is the owner of PARCEL FOUR hereinafter described, and WHEREAS, WOJAN and BURGE have installed water and sewer lines which serve Parcels One, Two and Four described herein, and WHEREAS, A. G. C. is improving and paving the street known as Heather Ct, which gives all the Parcels access to Mesa Road. NOW, THEREFORE, IT IS AGREED THAT: (1) A. G. C. shall contract for the improvement and paving of Heather Ct. , for its full width, from its eastern terminus at Mesa Road to the westerly boundaries of Parcels Two and Four at an estimated cost of $61, 000. 00, plus a 10% contingency of $6, 100. 00,,Tn the event that construction costs exceed $67, 100. 00 , the excess amount shall be arbitrated as provided for in article (7) of this agreement. (2) The Parties shall contribute to the cost of the street improvements by paying in cash the following percentages of the actual cost when paid to the contractor: WOJAN 10.61% BURGE 16.61% PACKARD 29.72% A. G. C. 43.06% (3) The intended scope of work is covered in the plans and specifications dated March 27, 1981, prepared by Garcia and Henry civil engineers and submitted to the City of Gilroy. Should the city require changes in the scope of work causing the cost of construction to exceed $67, 100. 00 then this agreement shall become null and void. (4) In the event PACKARD refuses to sign this Agreement and make a cash contribution to the street improvement cost, A. G. C. may elect to contribute the PACKARD share so that the improvements can go forward. (5) It is understood that A. G. C. shall credit WOJAN with the sum of $8, 000. 00 and BURGE the sum of $4, 000. 00 against their share of street costs to reimburse them for the sewer and water lines they installed which service the land owned by A. G. C. (6) It is further agreed that a final review of construction costs will be instituted upon completion of the work and acceptance by the city. The purpose of this review will be to determine each owners contribution toward the street improvements. Each owner shall share proportionally according to the percentages in article (2), of all savings (less than the $67, 100. 00) of construction costs. (7) In the event of any dispute arising under this Agreement, the matter shall be arbitrated with the owner or owners of each parcel selecting one person, with those so selected selecting a fifth person, and with the decision of any three chosen being binding on all parties hereto. (8) PARCEL ONE owned by WOJAN is described as follows: Santa Clara County Assessor's Parcel No. 810 -28 -07 PARCEL TWO owned by BURGE is described as follows: Santa Clara County Assessor's Parcel No. 810 -28 -08 PARCEL THREE owned by PACKARD is described as'. follows: Santa Clara County Assessor's Parcel No. 810 -29 -08 PARCEL FOUR owned by A. G. C. is described as follows:. Santa Clara County Assessor's Parcel No. 810- 29 -04, 05, 06 and 07 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. Qx�y Wo'ah1K Penny Woj -n , -k, e , Peter R. Burge Leona H. Burge Harold J. Packard June R. Packard A. G. C. CO. INC. , a California Corporation By President ySecretary