Bozzo, Carltrkt
PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
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This agreement made and entered into this Zi�fl day of AOCQ&_
19 , by and between the City of Gilroy, a municpal corporation, herein called
the "City" and Carl lax". at of , 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:
llado�neat Y111m - Necker Pass N19lawy 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.
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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 $ 6 #00 , 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.
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 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 ", $ 1001
Sea Stipulation No. i s No. 5
b. Easements & Right-of -way
"Off Site ", $ 1001
See Stipulat 6" No. 4
c. Street Paving $ 100%
Sae Stlpuiation No. 2. 3 i 8
d. Street Curbing;
Sae SORLjlatlon No. 2 s 3
e. Sidewalks;
f. Street Name Signs;
$ 1001
$ 1001
:71
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CITY'S COSTS
$ bone
$ None
$ Nona
$ gone
a.> 7
g. Street Tree Planting
Parkway Improvements;
City Code,
$--100% $ NOM
h. Street Lighting;
1. Sanitary Sewer, 'Off site ", $ 100% $ None
To be tollseted with bulldog
Remit
M. Storm Drains "On Site ";
$ 1004 $ None
n. Storm Drains, 'Off Site ",
$ 2 :170.00 $ None
s-a Aeru g 3434.00 1sore
7rWM t W
o. Engineering, Inspection b
Plan Check 3% x $ 6.000 qq
$ 18pr� 0.00
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$
100%
$
None
EleetraMrs shalt buns
tha ar r&X of the CItY
1. Water 'On Site"
$
986.37
$
None
3m 'tt1aulation N. 6.7 6 8
j. Water "Off Site"
$
1,193 +00
$
Nuns
1.0 ACrgs @ $23118cre
Nana
k. Sanitary Sewer "On Site ",
$
1002
$
None.
1. Sanitary Sewer, 'Off site ", $ 100% $ None
To be tollseted with bulldog
Remit
M. Storm Drains "On Site ";
$ 1004 $ None
n. Storm Drains, 'Off Site ",
$ 2 :170.00 $ None
s-a Aeru g 3434.00 1sore
7rWM t W
o. Engineering, Inspection b
Plan Check 3% x $ 6.000 qq
$ 18pr� 0.00
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DUE CITY BY DEVELOPER $ 4,491.37 *
DUE DEVELOPER BY CITY $ -0-
* does not Include offsite sanitary fee, water meter
fee, recreation fee, or building permit and plan check fees.
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
CITY OF GILROY
ATTEST:
City Cl rk
FORM APPROVED:
City Attori4ey
DEVELOPER
NOTE: 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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4- , x,
STIPULATIONS
MADONNA VILLAGE
1) Developer shall dedicate the necessary right of way for the widening of
Hecker Pass Highway to a 46 foot half street width. This consists of a
13 foot width across the property frontage approximately 282 feet.in
length.
2} Developer shall improve his Mocker Pass Highway frontage with sidewalks,
curb, getter, electrollers and paving as required by the City Engineer.
3} Developer shall construct curb, gutter, and paving along Hecker Pass High-
way fronting the three parcels easterly and adjoining his development
(approximately 150 feet). City agrees to reimburse said developer or his
assigns at such time as said easterly property re- develops and the City
collects existing Improvement fees for paving. Said re- imbursement shall
be: 150 F.F. x $2.00 /F.F. $300 (CtG) + 150 F.F. x 11' x $.40 /S.f. (paving)
• $660.
4} Developer or his assigns shall reserve County Tax Assessors' parcel 803 -24 -18 (a
50' x 330' lot connecting to Miller Avenue) as a future street connection
to Miller Avenue. Prior to developing any additional units or any other
development on dove ors 5 acre roperty, a 24 foot pawed street connection
to Miller Avenge shall be constructed.
5} Developer shall dedicate a 5 foot wide public utilities easement for the 8"
water main along the westerly line of the property.
6} City agrees to reimburse said developer or his assigns for one half the cost
of the 8" water main along developers westerly boundary. Said reimbursement
shall be 773' x $3.50/F.F. on $2,705 and shall be made at such time as the
westerly adjoining property develops and the City collects the existing
utility fees for this water main.
7} The 8" water main along the westerly boundary of the property and the 6"
water main along the southerly property line shall became the property of
the City. City agrees to maintain said water lines.
8} Stipulations No. 3 and No. 6 shall expire ten (10) years from the date of
this agreement. No reimbursement will be made to the developer after the
expiration date.
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MADONNA VILLAGE CALCULATION SHEET
OFPSITE FEES
A. Area Water $231.O0/Acre
S ac x 231.00 1,133.00
B. Storm Drains" - Zone A 8 $434.00/ae
4 at x 434.00 • $ 2,170.00
EXISTING UTILITY FEES
A. Water Fee 16F1 !lain - Mexlmum Charge
Is, computed for 8'1 Hain
381.82 LF x 3.50/LF • 8 986.37
ENGINEERING, INSPECTION t PLAN CHECK 38 x $6.000 • 3 180.00
* $ 40431.37
e floes not Include off site sanitary fee, water motor fee,
recreation fee, or building permit and plan check fees.