Arbor Development Company;J
PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS;
IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
n
This agreement made and entered into this day of ,
19 , by and between the City of Gilroy, a municipal corporation, herein called
the "City" and &ewKg1xT,xx1k RRkK Arbor Development Co, 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:
Rancho El Dorado Tract 4667 and,
WHEREAS, the Developer requires certain utilities and public works facill
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 4' 64.o0o,, , 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 11.612 of the Business and Professions Code of
the State of California, the ^odes, 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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a ,
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 DF'VrLOPMF'NT COSTS CITY'S COSTS
a. Easements & Rights -of -way
"On Site ", 1001 ip None
See Stip No ) & 2
b. Easements & Rights -of -way
"Off Site ", 0 100% '4 None
See Stip. No. 3
c. Street Paving
y�
100% None
d. Street Curbing;
100% $ None
e. Sidewalks;
100% ,None
f. Street 'Tame Signs;
g. Street Tree Planting &
Parkway Improvements;
City Code,
h.. Street Lighting;
All electroliers shall bec ome
the property of the City
iredater "On Site"
See Calc. Sheet
j, 1 ater "Off Site"
See Ca 1 c. Sheet,
1 nn%
100%
100
�, 1,400.00
r
2,2,492.49
k. Sanitary Sewer "On Site",
?� 100i
1. Sanitary Sewer, "Off site ", 1000
105.00 /1-ot or $50 /unit to _._.
be collected ul2on issuance of building permit
m_ Storm Drains "On Site ";
n. Storm Drains, "Off Site ",
See Calc Sheet
Area "B" See Stip. No. -4
11'
$, 3,379.32
V None
' None
None�
s
None
y,$ None
tW
None
f
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DUE CITY BY DEVELOPER $ 7 - 71' 97 -
DUE DEVELOPER BY CITY
II \T WITTTESS WHEREOF, said parties have caused these presents
to be executed the date and year first above written.
ATTEST:
Deputy City Clerk
FORMAPPROVED: /
City At orney
CITY OF GILROY
t1uvL"WAi'.
VOTE: If Developer is a corporation, the complete legal name and
corporate seal of the corporation and the corporate titles
of the persons signing for the corporation shall appear
above.
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STIPULATIONS
RANCHO EL DORADO
TRACT 4667
1) The developer agrees to grant all access rights on Morey Avenue frontage
to the City excepting El Dorado Drive.
2) In compliance with County expressway standards the developer is hereby
made aware that upon ultimate development of the Santa Teresa Expressway
access to E1 Dorado Drive will be limited to ingress and egress from the
southbound lanes only.
3) Developer agrees to provide the City with descriptions for a five foot
wide sanitary sewer easement for that portion of sanitary sewer between
Morey Avenue and Gaunt Street and along Morey Avenue through the Calabrese
property.
4) The developer or future property owners shall maintain all ditches within
the subdivision. The City will maintain the 24" RCP storm drain and all
ditches along Morey Avenue.
5) The developer shall fence the lots backing Morey Avenue. Fencing shall
be similar to that used at the Northwood Tract.
st.
4* s" °l '" }� -' ` ' Costs for all soil
� "��ccr� orrc�rr�p- raTr- �TCCrciTrgs
testing shall be borne by the developer.
CALCULATION SHEET
DUFFIN SUBDIVISION
"RANCHO EL DORADO"
1. WATER
Offsite: Area Water Charge 10.79 /Acres
@ $231.00 /Acre $ 2,492.49
Existing 400 L.F. 12" CIP (Charged only for
8" CIP) 400 LF @ 3.50 /1-F 1,400.00
2. SANITARY
Offsite: $105.00 Per Lot Collected Upon Issuance
of Building Permit.
Existing: None
3. STORM DRAINAGE
Offsite: Area "B" 10.79 Acres
@ $313.19 /Acre $ 3,379.32