Filice Estate Vineyards (3)70PERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; I;15TALLATION OF SEWERS, STORM
DRAINS AND OTHER P03LIC WORKS FACILITIES
This agreement made and entered Into this 7thday of .February
1977, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Filice Estate Vineyards , 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:
The Orchards 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 A ntent 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 concarn-
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 12A, 199 20, 21
and Res. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in
subdivision or development respectively); Ordinance No. 602 (Subdivision Procedure.
etc.); Ordinance No. 711 (Zoning Ord.); Ordinance No. 1768 (1973 Uniform Building
Code); Rules and Regulations. Included in the above are all of the above referred
Lo Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as
a ►:ended 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 per -
formed by the DevelopeO to each and every one of said Codes, Ordi-
nances and other R :gulations.
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 to 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 imp
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 $ 40,000 , and shall guarantee the
faithfull performance of t� his agreement; one shall be executed to 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
% thereof to be due under the terms and provisions of this agreement.
SECTION ;
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 pur-
suant to-'the I terms of •thl s agreement are to be' completed wi thi n one ..:year. f rom
and after the date and year first above written.
SECTION 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.
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 s6 perform, or to pay
any monies due hereunder when due shall release the City from any and all
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obligations hereunder and the City, at its election, may enforce the perfor-
mance of any provision herein, or any right accruing to the City or may pur-
sue any remedy whatsoever it may have under the laws of the State of Califor-
nia or the Codes, Ordinances, Resolutions or Regulations of the Clty, in the
event of any such default by Developer.
SECTION
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 of final determination upon comple-
tion of the work.
FACILITY DEVELOPMENT COSTS CITY'S T_ YES COSTS BALANCE
a. Easements 6 Rights
of way "On Site" $ 100% $ -0- $ 100%
0
b. Easements 6 Rights
of way "Off Site" $ 100% $ -0 $ 100%
C. Water "On Site" $ 100% $ -0- $ 100%
d. (dater "Off Site" $ 3,943.52 $ -0- $ 3,943.52
3.92 AC @ $1006 /AC
e. Sewer "On Site" $_ 100% $ -0- $ 100%
f. Sewer 'Off Site" $ Deferred $ -0- $ Deferred
$380 /Unit w /bldg.
permit
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g.' Storm Drainage
"On Site"
h. Storm Drainage
"Off Site"
3.92 AC @ $868/AC
�» 100% $__ -0- $ 100%
$ 3,402.56 S -0- $ 3,402.56
1. Engineering, Inspec-
tion, & Plan Check,
4% x $ 40,000 $ 1,600.00 $ -0 $ 11,600:00
J. Street Tree
Planting
$ Deferred $
0
$ Deferred
With Building
Permit
k. Construction Water,
Dust Control 6
Earthwork
$
151.09
$
-0-
$
151.09
RESOLUTION 76 -41
-
1. Street Paving
$
100%
$
-0-
$
100%
m. Street Curb
Gutter
$
100%
$
-0-
$
100%
n. Sidewalks
$
100%
$
-0-
$
100%
o. Street Name Signs
s 100% $
p. Fire Hydrants
"On 'S i tell $ 100%
-4-
$ 100%
$ -0- $ 100%
q. Street Lighting $ 100% $ -0 $ 100%
DUE CITY BY DEVELOPER $ 9,097.17
DUE DEVELOPER BY CITY $ -0-
NET DUE CITY $ 9,097.17
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
S -e 4e- (24y c ��(.ctalr CITY OF GILROY
SP nX�"k�rc5. oh hc,c-1-
See.�"
ATTEST:
City Cler
FORM APPROVED:
City Attorney
Mayor
ty n strator
DEVELOPER .
FILICE.ESTATE`VINEYARDS
BY
.. w
DATE
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.
• nnD In"IAL STIPL'LATIn'IS AND TERMS
TO THE DEVELOPMENT AGREEMENT
RETHEEN THE CITY AND THE ORCHARDS DATFD FEBRUARY Z.197
1. The owner acknowledges that he is the owner and developer of the
off -site improvements for Castlewood Unit No. 8 and the portion
of improvements on Montebello Drive. Since the previous owner
and proposed project developer are one in the same, no
reimbursements will be collected or paid for existing improvements.
2. The owner shall dedicate and improve the street R/W in Montebello
Drive prior to final acceptance of the apartment units.
3. Water-services and sewer laterals shall be- installed to serve
the property south of Montebello.Drive along with the improvements
in Condition #2.
4. All electroliers shall become City property.
r
s ,
SIGNATURE
DATE
q. Street Lighting $ 100%
$ 100%
DUE CITY BY DEVELOPER $ 9,097.17
DUE DEVELOPER BY CITY $ -0-
NET DUE CITY $ 9,097.17
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
CITY OF GILROY
ATTEST:
C ty Clerk
FORM APPROVED:
u 1 ty ALLQ
DEVELOPER
BY
BY
DATE
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.
CITY OF GILROY
CEVELOPI'VIT COST SCHEDULE
No.
Date
Initialed
Location of property Montebello Drive and Wren Avenue
Assessor's Parcel # Filice Estate Vineyards
Nacre of Applicant The Orchards
Address
Type or Develcpment Proposed R -3
Area 3.920 AC Storm Zone "A" $868/AC
Frontage 568.81 Montebello 291.57 Wren Avenue
COST SCHEDULE
1. Front Fort Water Charges
LF @ /F. F,
2. Front Foot Sewer Charges
LF @ /F.F.
3. Front Foot Storm Charges
LF @ /F.F.
4. Front Foot Street Improvements
SF @ _�..i S.F. _
5. Front Foot curb & gutter charges
LF @ /
6. Area Mater Charge
3.92 Acres @ 1006 Ac. =
$ Developer
$- $_ By Developer
C, MAITM 1
$ By Developer
$_3.943.52
7. Area Offsite Storm Drainage Fees
3.920 Acres @ $868 /Acre =
8. Offsite Sanitary Sewer Fees
80 @ 320 / Unit, a
9. Recreation Fees
@ / s
10. Engineering Plan Check & Inspection
4% x 40,000 ,
11. Hater deter Charge
2 #1 Meter @ 230 EA.
12. Electroliers
LF @
13. Fire Hydrants
LF @ _
14. Construction Water
859.57 AF +5.65-7Acre 128.94 + 22.15
15. Street Trees
16.
17.
.$ 3,402.56
$ w /bldg. permit
$ w /bldg, permit
1,600.00
$ w /bldg. permit
c Rv navalnnar
$ By Developer
$ 151.09
s
s
Total = 9,097.17
STIPULATIONS
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