Carr, ThomasPROPERTY nFVELOP 'LENT AnRFFriENT
AGREEME "T FOR FY,TF'ISIO(!S OF PATER DISTRIBIJ110" SYSTE'IS:
/ IMPROVEMPIT OF STREFT'; I1STALLATION nF SC" ERS, STORM
DRAIPIS A►ID nT11FR PUEII IC WORKS FACILITIES
This agreement made and entered into this 7th day of August
19-7,g, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and THOMAS CARR
. a real property owner,
developer or subdivider, herein called the "Developer."
WITNESSETH:
NHEREAS, 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:
GHIRI.ANDA SUBDIVISION TRACT 6253
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,
0HEREAS, 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.
NOt1 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:
SECTIOt• 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.
Ordinance° and Regulations'include but are not limited to, the following: The
Code of .n. ity of Gilroy (including but not limited to Chapters 12A. 190 ;. . 21
and Res. 76 -41 and 76 -47. thereof pe taining to local improvement procedures in
subdivision or development respective f1 Irdinance No. 602 (Subdivision Pm.eaure,
otc.); Ordinance 111o. 711 (Zoning ore *01nance No. 1768 (1473 Uniform Ruil, ,ng
(.ogle); Rules and Regulations. lnclwie. " the dhove are all of the above referred
to Codes, Ordinances' Resolutions,.e1� "a *.��,r�s ,)ne iuhstitu *logs thereof, as
amended to the time of execution of this du- Bement
;CCT10'd 2
The Developer agrees:
a, To perform each and every provision required by the City to be per-
formed by tine Developer in each and every one of said Codes, Ordi-
nances 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 $_ 97,000 . and shall
fatthfull guarantee the
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.
SECT 10tl j
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.
SEC---- T l D' ! 44
That all the provisions of this agreement and all work to be done put=
suant to the terms of this agreement are to be'completed within one'year.f:rom
and after the date and year first above written.
SECTlOi1 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.
SECTI0fi d
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 Vie Developer to so perform, or to uay
,.,y monies due hereunder when due shall release the City from any and all
-2-
ohliq.ltiuns hereunder and the City, .+t its election, may enforce the perfor-
,11anct, of "fly Provi� ion h,:rci , or any rijht accruing to the City or may pur-
sue any ren►edy whatsoever it may have under the laws of the State of Califor-
nia or the Codes, Ordinances, Resolutions or Regulations of the City, in the
event of any such default by Developer.
SECT10's 7
That the foilotiing are the estimated amounts of costf to be borne by the
r.- spective parties hereto, and It is further understood pfd agreed that said
amounts are estimated only and are subject of final determination upon comple-
tion of the work.
FACILITY I)EVELOME'IT COSTS
a. Eat' ements b Rights
of way "On Site" $ 1000
b. Easements b Rights
of wav "Off Site'' $ 1000
c. ! '-iter 'On Site-' S 3784.S7
SEE COST SCHEDULE
J. :later -Off Site
e. Sewer "On Site'
f. S, cr "Off Site"
w /building permit
CITY'S COSTS BALANCE
$ -0- $ 100%
$ -0- $ 100%
$ -0- $ 3784.57
$ 100% $ -0- $ 100%
$ DEFERRED
ran r. a nnnrl
-3-
$ -0- $ DEFERRED
$ -0- $ DEFERRED
StoI - ill Drjinage
"On Sites"
h. Storm Drainage
"Off Site"
$ 100% S -0- $. 1 On
$ 2855.36 $ -0-
See cost schedule
1. Engineering, Inspec-
tion, 6 Plan Check,
4% x $ 97,244 $ 3888.96
J. Street Tree
Planting
$ Deferred
With Building
Permit
k. Consta w t ion \-later,
Dust Control G 4 179.36
Earthwork $
See Cost Schedule
1. Street Paving
__Si g Stip�z tig-n
#1
n. Street Curb E
Gutter
See Stipulation
#1
n. ;idf- :iks
c. S t res�. �. -!sae Signs
i Fire Hydrant$
"On Site"
$ 2855.36
1 MIUMM., • �
$ Deferred
s 179.36
$ 100% $ -0- $ 1Un
$ 1000 $ -0- $ 1000
$ 1000 $ -0- $ 100%
$ 100% $ -0- _ 1000
$ 308.20 $ -0- $ 308.20
1.
q. Street Lighting
418.00
_0-
$18.0(,
DUE CJY BY DEVELOPER $ JJ 434.45
DUE DEVELOPER BY CITY $ -0-
14ET DUE CITY
S 11,434.45
11) WITAESS IJIIEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
City Clerk
FORM APPROVED:
City Attorney
C ITY
t
DEVELOPER
LROY
lay r Proro emaore
strator
BY G j C .t�� .�-Q4
By
DATE August 7, 1978
NOTE; If Developer is a corporation, the complete legal Rama and corporate
seal of -the corporation and the corporate titles of the persons
signing for the corporation shall appear above.
ADDITI0 4AL STIPULATIO "JS AND TERMS
TO THE DEVELOPMENT AGREEMENT
GHIRLANDA
0ETHEEN THE CITY AND S11BDTVTSTUN (IATED AUG[JS, 1978
honer shall dedicate and imrpove all public right -of -way ., shown
-ri the Improvement Plan for Tract 6253...
The City shall participate in the water main oversizing for this project.
Project bids shall be submitted to the City Engineer for review and approva;.
The City will reimburse the developer for the difference in cost between an
81" water main and a 12" water main, for one half of an 8" main an a 4"
service and valve based upon the prices per lineal foot of main on the
approved bids submitted for the project. No other payment shall be made.
3. See Attached letter.
S' JIIR!E
1/_1
J r2: � �-
Septenber 29, 1977
Mr. Tom Carr
730 Eschenburg Drive
Gilroy, California 95020
Dear Tom,
DEPARTMENT OF PUBLIC WORKS
i t V of 'W iIr.a
7377 Church Street, P. O. Box 66
GILROY, CALIFORNIA
95020
Telephone 842 -9321
DAVID W. HANSEN
DIRECTOR OF PUBLIC WORKS
CITY ENGINEER
I am writing to confirm our earlier conversations wherein we discussed
how the costs of developing Murray Avenue in the vicinity of your
proposed subdivision, between Lewis Street and the Gilroy Apartments,
will be borne.
QFirst, you will dedicate and inprove the easterly 37h foot wide one -half
street from Lewis Street to where Murray will turn 90 to the east.
IWrovements in this area will include sewer, water, street paving,
curb, gutter, sidewalk, lighting, hydrants, etc.
Second, you will dedicate and improve the full 75 foot wide right -of -way
from the half street mentioned above to the easterly tract boundary.
OThird, the City will provide the right -of -way required for the other
north -south road area contiguous to your eastern boundary. The City
will furnish, within that area, curbs and gutters on both sides, street
paving and base. You and the City will each provide lighting, hydrants
and sidewalks on our respective frontages.
Oversizing of City utilities will be paid for by the City. Furthermore,
the City and you will share equally the base cost (without oversizing)
of the water line, and you will bear the sole cost of the sanitary
sewer main serving the houses fronting upon the park portion of the road.
Very truly ,
d W. Hansen
Director of Public Works
City Engineer
DWH:ep
- Location of property
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
LEWIS AND CHESTNUT
No.
Date August 7, 1978
Initialed
Assessor's Parcel # 841 -03 -69
Name of Applicant TOM CARR
Address
Type of Development Proposed
Area 3.76175 Storm Zone C @ 759/AC
Frontage
COST SCHEDULE
1.
Front
Foot
dater Charges
LF @ /F.F. _
2.
Front
Foot
Sevier Charges
LF @ /F.F. _
3. -,
Front
Foot
Storm Charges
LF @ /rV. ,E .
4.--Front
Foot
R
Street Improvements `•
SF @. / S.F.
5:
Front
Foot
curb & gutter charges
LF @
6.
-Area Ilater
Charge
3.762 Acres @ $1006. /Ac.
$ 3,784.57
7. Area Offsite Storm Drainage Fees
3.762 Acres @ $759. /lucre = q 2,855.36
8. Offsite Sanitary Seaver Fees
@ / _ $ w /building permit
9. Recreation Fees
@ / _
$
w/ building permit
10.
Engineering Plan Check & Inspection
4°0 x 97,224 =
$
3,888.96
11.
,later deter Charge
1" _
f1eter (3
$
w /building permit
12.
Electrolir_rs
95 LF @ $4.40 =
$
418.00
13.
Fire Hydrants
230 LF @ 1.34 =
308.20
14.
Construction Water
.15 /LF + 5.65 /Acre = .15 x 1054 + 3.762AC x 5.65
$
179.36
15.
Street Trees
@ _
$
w /building permit
16.
_
17.
_
$
Total =
$
11.,434.4 -5
STIPULATIONS