Chiesa, MidgeAIM
PROPERTY DEVELOPMENT AGREEMENT S a
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
tday of
19L, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and cj --2,e, , 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:
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 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 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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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 encumbrances, any
and all stipulated easements and rights of way in and to his said real
property necessary for this City in order that its water, electricity
and/or sewer lines in or to said real Oroperty may be extended.
c. To indemnify acid 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 of working upon said real estate.
d. To construct and Improve all public works facilities and other improve-
ments as set out herein, according to he standards heretofore estab-
lished, and according to the grades, plans andispecificatio6t hereof,
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 $,&&, , L, and one of which bonds sha l l
guarantee that falthfur performance of this agreement and the other said
bond shall secure payment to the contractor, his subcontractors 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 there-
of 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 here-
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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.
E . FACILITY
a. Easements & Rights -of -way
"On Site ",
b. Easements & Rights -of -way
"Off Site ",
c. Street Paving
U-13UPM21 M,177 V4 .
DEVELOPMENT COSTS
V-7773ITTJ MM T
MER Mem
d. Street Curbing; smxtyW
MX215 ; -AWMa6 W(XW $ 144r r Ya1f8 R '
Us StlyoUtIon i
e. Sidewalks; see City Code,
Sec. 26 -12, Table 11 $ RX
go* Stipulation ft
CITY'S COSTS
$ N
M
0IM",
f. Street Name Signs; see City
Code, Sec. 26 -12, Table 11 $ Dsval = $
- 3-
g. Street Tree Planting 6
Parkway Improvements; see City
` Code, Sec. 26-12, Table 11 $
UAU ...
h. Street Lighting; see City Code,
Sec. 26 -20, Table If $_,e
. Water "On Site"
j. Water "Off Site"
.94 Aar
" -631
k. Sanitary Sewer "On Site ",
1. Sanitary Sewer, "Off site ",
$. New $ so"
44A Iff 1A M e9k— AV.
m. Storm Drains "On Site "; see
City Code, $
n. . Storm Drains, "Off Site ", $ I ft -
DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
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$ llx
$ jam
IL
i
DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
IN WITNESS WHEREOF, said parties have caused these presents
to be executed the date and year first above written.
ATTEST:
City C1 k
FORM APP OVED:
C
orney
CITY OF GILROY
DEVELUt'EH
:.
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.
1) Developer agrees to p riuixsax&xiay the construction
of sidewalks, curb and gutter for the 55' frontage on Hecker Pass
Highway fronting Plaza Drug Addition. Construction to be concurrent
with any future development of the site or upon demand by the City
upon giving reasonable notice. This stipulation by Mr. M. Chiesa
or assigns.
Z) Developer agrees to�,dedtcate to the City a 13 foot wide right of
way on Hecker Pass Highway fronting the new plaza Drug addition.
(approximately 55 feet long) conforming to the official plan lines.
1 agrees to the above stipulations.
5i ned:
Dated: // /— 6
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