Bollenbacher & Kelton, Inc.-7
PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF MATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 23rd day of Jules ,
1970 , by and between the City of Gilroy, a municpal corporation, herein called
the "City" and Bollenbacher and Kelton Inc., 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:
"Northwood Unit No. 2 Tract 4849" 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 N0. 602 (Subdivision Procedure, etc.); Ordi-
nance '!o. 711 (Zoning Ordinance), Ordinance No. 865 (1967 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 amend-
ed 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 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, electri-
city 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 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, "each of which shall be executed in the
face amount of no less than $ j9g,QQo• , and one of which bonds
shall guarantee that faithful performance of this agreement and the
other said bond shall secure payment to the contractor, his sub-
contractors 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, 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 costs to be borne by the City, shown In Section
7 thereof to be due under the terms and provisions of this agreement.
SECTiOM 3
That ail 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 4
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 5
That the special provisions concerning the particular real estate referred
to above, being attached hereto, are hereby incorporated 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 refusal of the Developer to so perform, or to pay any
monies due hereunder when due shall release the City from any and all obligations
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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 DEVELOPMENT COSTS
a. Easements & Rights-of -way
"On Site ", $ 100
b. Easements 6 Right -of -way
"Of fSIte ", $ inoi
c. Street Paving $ 10Q�
Walhurn gj[a _ 11, renter_ Stain
T
d. Street Curbing;
e. Sidewalks;
f.- Street Name Signs;
$ 100
11
$ 100%
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CITY'S COSTS
LPMU6181
Lpmkl
$ None
g. Street free Planting b
Parkway Improvements;
City Code,
$ 100 $ _ Nona
h. Street lighting;
$ 100% $ Noue
Electroliers shall become
City property
1. Water "On Site" $ 100% $ 4,110.00
See Stipulation No. 5
j. Water 'Off Site" $ _ 4,855.62 $ None
21.02 Acres @ $231 /acre
k. Sanitary Sewer "On Site ",
$ 10.000.00 _
See Stipulation No. 6 and
No. 7
1. Sanitary Sewer, 'Off site ", $ To be paid with
Building Permits
94 Lots @ $105 /Lot
(Deferred)
m. Storm Drains "On Site ";
$ 100%
See Stipulation No. 7
n. Storm Drains, 'Off Site ",
$ 6,583.25
21.02 Acres @ $313.19 /acre "B"
See Stipulation No. 8
o. Engineering, Inspection �
Plan Check 3% x $ 198.000.
$ 5,940.00
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► • . -
$ None
DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
$ 27,378.87
$ 5,910.93
Does not include building permit, water meter, recreation fees or offsite sanitary fees
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
rr
FORM APPROVFO:
CITY OF GILROY
BY
MOTE: 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
"Northwood Unit No. 2, Tract 4849"
1. The developer hereby grants to the City all access rights on the Morey
Avenue frontage (excepting the openings of Welburn Avenue and Mantelli
Drive connections).
2. Lots 145 and 154 shall be reserved for future roads into the Pappani
property. No building permits shall be issued for development on these
lots unless permission is granted by the City Council.
3. The City shall receive a report from a qualified soils engineer regarding
the stability of the slopes along the rear of lots 153 to 161. The cut
slopes above the rear lot lines shall be planted and maintained for a
period of one year after planting. Planting shall be acceptable to the
City.
4. City shall pay the developer for 132 feet of 11 foot'wide center strip
paving on Welburn Avenue. Payment shall be 132' x 11' x 0.34 /SF=
$493.68.
5. The City shall pay the developer for the cost of oversizing the water
main above an 8" diameter along Mantelli Drive. Payment shall be
$3.00 x 1370 L.F. = $4,110.00. The City also agrees to reimburse the
developer for one half of the water main along Mantelli Drive based
upon an 8" size. Reimbursement shall be made after the City collects
the existing utility fee from the fronting property owners. This
stipulation shall expire ten years from the signing of this agreement.
No reimbursement will be made after that date.
6. The developer shall pay the City $10,000.00 for the installation of a
sanitary sewage lift station to service the subdivision. City shall
install and maintain said station. Developer shall install the force
main and wet well or receiving manhole. Developer shall stake the
location of the station for the City. The lift station shall belong to
the City. A Smith and Loveless sewage lift pump shall be acquired with
the $10,000. With Council approval of this agreement the 1970 -71 budget
shall thereby be amended.
7. City agrees to reimburse the developer for one half the sanitary sewer
and storm drain along Mantelli Drive. Reimbursement shall be made after
the City collects existing utility fees from the fronting property
owners. This stipulation shall expire ten years from the signing of this '
agreement. No reimbursement will be made after that date.
8. City agrees to reimburse the developer for the 315 feet of 18" RCP
extending westerly along Mantelli Drive from the subdivision to the
Reservoir drain. Said reimbursement shall be 315' x 4.15 = $1,307.25.
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