Douglas Oil CompanyPROPERTY 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 22nd day of September ,
19 70 , by and between the City of Gilroy, a municpal corporation, herein called
the "City" and Douglas Oil Company , 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 ha4 now been submitted to the City for approval and
acceptance, covering certain real estate known as and called:
Southeast corner of Westwood Dr. and Hecker Pass - approx. 150' frontage on and,
Hecker r Pass and 70' on esW twood Drive.
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 mo. 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.
r
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 $ See $tin. #3 , 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 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 CITY'S COSTS
a. Easements b Rights-of -way
"On Site ", $ 100% Dedication $ None
See Stipulation No. 1
b. Easements is Right-of -way
"OffSite ", $ None $ None
c. Street Paving $ B�4 Deyeloper $ None
Sep Stipulation #1
d. Street Curbing;
$ By Qevel o ear $ None
See Stipulation #1
e. Sidewalks;
f. Street Name Signs;
$ By Developer
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m- - ..-
$ None
►.l-
g. Street Tree Planting
Parkway Improvements;
City Code,
On Site- S scap i.nu Elan
5uh-ject,tn approval of City
h. Street Lighting;
Relocate Existing Electrolier
. Water "On Site"
$ None Required within
Right of Way
�- - ..-
Existing Utilities - 16" CIP
Hecker Pass 138 LF @ $5.00 LF(10" Charge)
j. Water 'Off Site" $ 78.25
.25 acres
.25 Acres x $315.00
k. Sanitary Sewer "On Site ",
1. Sanitary Sewer, 'Off site ",
$14Q.0,0 /lot
m. Storm Drains "On Site ";
n. Storm Drains, 'Off Site ",
gaeloll �� �� -
2„ArrP Y-$200-00
o. Engineering, Inspection
Plan Check 3% x $_Z..,000.00
$ -By Developer
-
$ 140.00
I II
$-6o.00
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DUE CITY BY DEVELOPER * $ 1,018.25
DUE DEVELOPER BY CITY $
Does not include water meter, plan check or building
permit fee.
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
CITY OF GILR
�-� Mavor Pr ot Ofivo
ATTEST:
Cit Clerk
FORM A"VED:
City Attor ey
n rsrra
ELOPER Douglas Oil Company of Califs-,
It
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.
TO 449 C O
( Corporation)
STATE OF CALIFORNIA
COUNTY OF Los Angeles } SS.
ton September 22, 1970 before me, the undersigned, a Notary Public in and for said
State, personally appeared William L. Martin II & Allen L. Cleveland, Jr.
Vice Vice President
w known to me to be the President, and ,
s
W known to me to be , 2Si Secretary of the corporation that executed the within Instrument,
W known to me to be the persons who executed the within
'Instrument on behalf of the corporation therein named, and
n . acknowledged to me that such corporation executed the within
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i wonN,,,.,An.w•rw►.av
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instrument pursuant to its by-laws or a resolution of its board
m p y � 0'- i=IG1:,l_ SEAL
of directors. ° r
WITNESS my hand and official seal. "� i t1s`y' G' �'L�Y�
Va i ') 1, 01 F: L C - CAL!; 'l ,iliA
1 x pn ^!CItA. 01F IN
Signature LC'' AN''LLE; CojINTY
My Con,missic;l Expires Jan. 20,1974 ,
Deanna G. Lloyd
Name (Typed or Printed)
(This area for official notarial seal)
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w
September 14, 1970
A-►-t4 :, i
DEPARTMENT OF PUBLIC WORKS MAY- ` u Di
"'ttIj of Oitro
7377 Church Street, P. O. Box 66
GILROY, CALIFORNIA WILLIAM K. HENRY
95020 DIRECTOR Of PUBLIC WORKS
CITY ENGINEER
CALCULATION SHEET
DOUGLAS OIL FAST GAS
SOUTH EAST CORNER WESTWOOD DRIVE AND FIRST STREET
Area to be developed 10,686.30 = .25 acre
1. Water Fees
a. Offsite water @ $315.00 /acre
.25 acre x $315.00 = $ 78.25
b. Existing water main
constructed by developer
c. Existing 16" CIP Hecker Pass
138 LF 16" CIP @ $5.00 LF (1011 charge) _ $ 690.00
2. Storm Drainage Fees
Storm Zone E $200.00 /acre'
.25 acre x $200.00 = 50.00
3. Sanitary Sewer Fees
a. $140.00 /lot = $ 140.00
4. Engineering inspection fee
3% x $2,000. 60.00
$1,018.25
Does not include water meter fee or building permit fee.
A