Filice, Ernest and WilliamPROPERTY DEVELOPAIENT A�RrFl1ENT
If I ---
AGREEMEP;T FOR FXTE ?lSlnr;S OF P!aTER DISTRIBUTION SYSTE115:
IMPROVEPirAIT OF STREET`'; I1STALLATI01 U SEWERS, STORM
DRAMS At If) 9T11FR PU11t.IC WORKS FACILITIES
This agreement made and enter:�d into this 17 day of July
1978, by and between the City of Gilroy, a municipal corporation. herein called
the "City" and
a rea 1 property owner,
developer or subdivider, herein called the "Developer."
WITNESSETH:
PHEREAS, 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:
HILLVIEW TERRACE TRACT # 6333 and,
WHEREAS, the neveloper requires certain utilities and public works facili-
ties in order to service the property under the minimum standards established by
the City and,
I.HEREAS. 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 I$ 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 Regulation=,
it is agreed by and between the parties as follows:
SECTIOm 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. 19, 20. 21
and Res. 76 -41 and 76 -47. thereof pertaining to local improvement procedures in
subdivision or development respectively); Ordinance 40. 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
to Codes, Ordinances, Resolutions. Regulations and Substitutions thereof, as
amei►ded to the time of execution of this agreement.
-1-
L C T 10'J 2
The Developer agrees:
a. To perform each and every provision required by the per-
formed by the Developer in each and every one ofsaidiCodes,bOrdi-
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 materi4I 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 lm
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 $ 168,000 and shall faithfull performance of this agreement; one shall beaexecuted�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
1 thereof to be due under the terms and provisions of this agreement.
SECTIOti 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.
SECT 1 O'; 4
That all the provisions of this agreement and all work to be done pub
suant to-the, terms of tills agreement are to be'completed within one.-:y4ar. from
and after the date and year first above written.
SEC --TIOH 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 tills agreement.
SECTION 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 s6 perform, or to pay
,,;iy monies due hereunder when due shall release the City from any and all
-2-
;,I iq.1t ions hereunder 3110 the Ci ty, +t i is cICCLion, may enforce the perfor-
"Brier, of .,ny provision i�.rci�:, or any rijht accruing to the City or may pur-
sue any remedy whatsoever it gay 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.
SFCTIO'i 7
That the follotiing are the estimated amounts of costs to be borne by the
r,- spective parties hereto, and It is further understood Ord agreed that said
amounts are estimated only and are subject of final determination upon comple-
Lion of the work.
FACILITY Uf.UCLOMEAT COSTS CITY'S COSTS BALANCE
a. Easements 6 Rights
of way "On Site" $ 100 $ -0- $ 100%
h. Easements 6 Rights
of wad "Off Site" $ 100% $ -0- $ 100%
c. 11-iter 'On Site" $ 100% $ -0- $ 100%
J. '!&ter "Off Site
see cost schedule
e. Sewer "On Site'
$ 6,820.68 S -0- S_61„820. 6_ 8;
$ 100% $ -0- $ 1Q0%
f. S..;- c r "Off Si tell $ Deferred
with building permits
-3-
S -0- S Deferred
Drain.iyc $ 100% $ -0- $
Cn Sits
h. Storm Drainage 4,230.72 -0- $ 4,230.72
"Off Site" S s_
1. Engineering. inspec-
tion, 6 Plan Check, 6,720.00 s -0- s 6,720.00
4% x $_ 68,11011 $ �...__ -
J. Street Tree
Planting
With iluildin
Permit
k. Corist.- uc *. ion Mater,
Dust Control 6
Earthwork
see cost schedule T
1. Street Paving
_0_ S Deferred
$ p��ferred S _ -
$ 261.15 $ -0- s 261.15
$ 100% $ -0- $ 100%
n. Street Curb s
f 100% -0-
Gutter S 1000
n. 'id(, _iks
c . S t ree � .4-!;ae Signs
i'. F i re iiydi ants
"on Site"
$ 100%
$ 100% S_ - -0- _ 100%
$ 100% $ -0- $ 100%
-4-
Street Lighting $ 1000
s_ -0- $ 1000
DUE CJY BY DEVELOPER $__18.032.55
DUE DEVELOPER BY CITY $
WET DUE CITY S_18 032.55
If! WITASS IMEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
�PAP
r'194�,Wlx
CITY OF GILROY
DEVELOPER
FOR PROVED:
pY
t
City Attorney DATE / 7
I:OT:: If Developer is a corporation, the complete legal Rame and corporefs
seal of the corporation and the corporate titles of the persons
signing for the corporation shall appear above.
_r_
ADDITIONAL STIPULATIO "JS AND TERMS
TO THE DEVELOPMENT AGREEMENT
QETtiEE "J THE CITY AND HILLVIEW TERRACE
TRQ('T 6333 DATED July 14, 1978
1. The developer shall dedicate and improve for public use all street rights -
of -way within the development.
2. Any maintenance of the streets, sidewalks, curb and gutters or the storm drain
system due to erosion of soil on lots or cut and fill slopes shall be the
responsibility of the owner or his assigns. Any cleaning required shall be done
immediately to prevent problems in the down stream storm systems. Maintenance shall
continue until erosion problems no longer exist.
3. Erosion control planting is required on all cut and fill slopes. Slopes within
the public right -of -way shall be planted immediately to aid in the prevention of
erosion. The planting shall be perennial type ground cover and approved by the
Director of Public Works. Planting shall be completed immediately after cuts
are completed.
4. The owner shall advise the future owners of existing and proposed drainage easements
which are necessary to protect adjacent properties from damage due to water runoff.
The importance of proper maintenance of ditches on the properties should be stressed
for the protection of the downstream owner.
S. No construction may begin on individual homes until a suitable all weather roadway
is constructed for Fire Department access.
6. Prior to construction of any residence or accessory structure, an individual lot
grading plan shall be submitted to the Director of Public Works for his review and
approval and individual lot development restrictions shall be prepared by the City
to provide adequate lot drainage, slope protection, cut and fill treatment and
protection for adjacent lots. Details on corrective measures in the soils report
and E.I.R. shall be followed specifically for individual lots. Driveway
accessibility and proposed cut slope protecton along driveways shall be included.
7. Spark arrestors and fire resistant roofs shall be provided for residences specified
by the Fire Chief.
8. Prior to construction of homes on any lot in this subdivision building plans
shall be reviewed by the Fire Chief to insure proper and adequate ingress and
egress for fire fighting purposes.
9. The approved build out schedule shall not be exceeded.
10. Building plans for all lots shall be subject to review and approval of
Architectural and Site Approval Committee. No trees are to be removed without
approval of this committee.
i
STIPULATIONS (con't)
i
HILLVIEW TERRACE - TRACT 6333
11. The interim water supply proposed for this development shall be designed
to become an integral part of the City water system and shall satisfy
domestic and fire flow requirements for water. Shop drawings shall be
submitted for prior approval of the pump, motor, electrical panel controls,
alarm system and the reservoir. Detailed calculations shall be submitted
with all drawings which depict the pump efficiency at the high water line in
the proposed interim tank and a future permanent tank or booster pump location
at an elevation of 495 feet. The owner shall provide the City with an easement
along the route of the interim water line and the temporary reservoir.
12. The developer acknowledges the need for a connection to a storm and sewer main
offsite of this development. A system which would serve this development
has been designed and has been proposed for the proposed Gibson Tract.
Should development in this tract precede the Gibson Tract, the owner agrees to
secure rights -of -way and to install all necessary sewer and storm mains together
with an approved drainage outfall system to the ditch on the north side of Welburn
Avenue. No building shall begin until these utilities are installed.
13. The owner acknowledges the need for an interim drainage system along Morey Avenue
and shall participate in the cost of the interim system on a percentage of the area
under development. The City shall contribute $1000.00 as its' contribution
for the interim system. The owner shall contribute 72.7% of the balance of
the cost of the interim system. The developer of the Gibson Tract shall
contribute the final 27.3% of the cost after deducting the City
contribution. The system design shall be as proposed in Tract 6252.
14. A detailed soils report shall be submittted to the City Engineer.
15. All present and future lots in this area which are served by area pressurization
equipment shall be subject to additional water changes for energy and
maintenance of the pressure zone equipment.
16. The owner agrees to contribute to the cost of the permanent water pressurization
system and reservoir for this area. Cost will be computed based upon the
number of units served. The initial installation of the booster station with this
development shall be considered as full payment of this obligation for the five
(5) lots in this development.
17. All terms and conditions of this agreement shall be completed before final
approval can be granted on any building. However improvements stipulated for future
build out may be installed immediately prior to lot development within the time
constraints of the build out schedules.
SIGNATURE
. j
CITY OF GILROY
M DEVEL0Pa1ENT COST SCHEDULE
Date July 17, 1978
Initialed
Location of property
Assessor's Parcel #
[dame of Applicant HILLVIEW TERRACE TRACT # 6333
Address
Type of- Development Proposed
Area 10.38 Acres Storm Zone
Frontage
Total area = 10.38 acres
No.lots over 10,000 SF = 15 x 10,000 SF = 150,000 SF
Area of lots under 10,000 SF 93,131.18 SF
Area charged at 1000 5.58 AC
Area charged at 250 4.8 243,131.18 SF
COST SCHEDULE
1.
Front
Foot
Mater Charges
LF @ /F.F. _
2.
Front
Foot
Sevier Charges
LF @ /F.F.
3.
Front
Foot
Storm Charges
LF @ A� JE. _
4..-Front
Foot
Street Improvements
SF @ / S.F. _
5:
Front
Foot
curb & gutter charges
LF @ - --- --1
6.
Area
Hater
Charge
55
Ac esl$1�06 Ac.
$ N.A.
N.A. see stip. # 12
$ N.A. see stip. #12
$ N.A.
N.A.
1,207.20
$
7. Area 4Offggsite Storn Drainage Fees
5.58" Acres 9 M /Acre =
3. Offsite Sanitary Sewer Fees
n 550 / LOT =
9. Recreation Fees
10. Engineering Plan Check & Inspection
401 x 168,000 =
11. Ulater rleter Charge
lit Meter 0 80.00
12. Electroliers
LF 0 =
13. Fire Hydrants
LF @ -
14. Construction Water
13.50 x.15 /LF J053g-5/Acre =
202.50 58.65
15. Street Trees
@ _
16. _
17. _
37,481892
$ w /building permit
w /building permit
$ 6,720.00
$ w /building permit
$ 1000
S 100%
$ 261.15
$ w /building permit
g
$
Total = $ 18,032.55
STIPULATIONS
t
7. Area 4Offggsite Storn Drainage Fees
5.58" Acres 9 M /Acre =
3. Offsite Sanitary Sewer Fees
n 550 / LOT =
9. Recreation Fees
10. Engineering Plan Check & Inspection
401 x 168,000 =
11. Ulater rleter Charge
lit Meter 0 80.00
12. Electroliers
LF 0 =
13. Fire Hydrants
LF @ -
14. Construction Water
13.50 x.15 /LF J053g-5/Acre =
202.50 58.65
15. Street Trees
@ _
16. _
17. _
37,481892
$ w /building permit
w /building permit
$ 6,720.00
$ w /building permit
$ 1000
S 100%
$ 261.15
$ w /building permit
g
$
Total = $ 18,032.55
STIPULATIONS
0
n
1
G
QThe Ohio Casualty Insurance Company
136 North Third Street, Hamilton, Ohio 45025
Bond No 2- 003 -558
LABOR AND MATERIAL BOND
CALIFORNIA —PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS, that THE GILLERMAN CORPORATION
as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, an Ohio corporation authorized to execute
bonds in the State of California, as Surety, are held and firmly bound unto
THE CITY OF GILROY, CALIFORNIA
as Obligee, in the sum of EIGHTY FOUR THOUSAND DOLLARS AND N01100 -----------------
Dollars ($ 84, 000.00 )
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally
by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal on the 16th day
of OCTOBER 19 78 , entered into a contract with the Obligee for
DEVELOPMENT OF PROPERTY, HILLVIEW TERRACE TRACT # 6333
NOW, THEREFORE, if the above - bounden Principal or his subcontractors fail to pay any of the persons
named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be
deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and
his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code of the State of California, with
respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in
this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims
under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
Signed and sealed this 16th day of OCTOBER 19 78
THE GILLERMAN CORPORATION
Principal
THE OHIO CASUALTY INSURANCE COMPANY
Calif. S 3591 b By "-"Z��
STEPHA H HUSSAR Attorney -in -Fact
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On this 16th day of October, 1978 before me Arlene M. Livorsi, personally appeared
H. C. Miller known to me to be the president of the corporation that executed the
within instrument and William L. Gates to the Secretary who also executed the within
instrument in behalf of the coporation therein named, and acknowledged to me that
such corporation executed the same.
OFFICIAL SEAL �
{�yR' L�: P1 L_A'ORSI r ene ivorsi otary
NIA
oilz' Sa nta Clara County - 319004
#iy Commission Expires September 24, 1979
AFFIDAVIT OF ATTORNEY -IN -FACT FOR SURETY
STATE OF .. CAI i fQr- nia ..... .............................SS.
Santa Clara
COUNTY OF ...............................
..............
16th October ...................... ............................... 978.., before me
Onthis ................ ay o ............................. ............
personally appeared .................$ t.. phe n...H...U.SSraX...:,':.........
,•,,,,,• ..................... Attorney -in -fact,
of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me
Gilroy ,...California ........... ; that he is the
duly sworn, did depose and say, that he resides in ...............
Attorney -in -fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed and executed the said instrument as Attorney -in -fact of said cor-
poration by like order.,b_,ae�aa' ®,eaaaasaaaoaaat ) ,
asacu�c
'M :U
U.au i
IC1AL SEAL
My COrn ex IICS va:e fYe'� h' Not
er y Public.
Form S.170M
3,,C 7A CI.n.RA
Cor'un. Exp. Alay 29, 1982
ressasasaass�aL ®= ass`- va °?i�-'9`ac3aa`aaaeacauoauu®ua�
OThe Ohio Casualty Insurance Company
136 North Third Street, Hamilton, Ohio 45025
ZCRY 4 y tU , Bond No_ �- 003 -558
Attorney PERFORMANCE BOND
CALIFORNIA — PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS: That THE GILLERMAN CORPORATION
as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, an Ohio corporation authorized
to execute bonds in the State of California, as Surety, are held and firmly bound unto
THE CITY OF GILROY, CALIFORNIA
as Obligee, in the sum of ONE HUNDRED SIXTY EIGHT THOUSAND DOLLARS AND N01100 - --
Dollars ($168, 000.00
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally
by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract,
dated OCTOBER 16, , 19 78, with the Obligee
to do and perform the following work to -wit:
DEVELOPMENT OF PROPERTY, HILLVIEW TERRACT TRACT # 6333
• NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed
under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
C
Signed and sealed this 16th day of OCTOBER 19 78
Calif. 3 3 590
Principal
THE OHIO �d4NS=CE COW ANY
By
TEPH N H HUSSAR Attorney -in -Fat#
STATE OF CALIFORNIA
COUNTY OF SANTA. CLARA
On this 16th day of October, 1978 before me Arlene M. Livorsi, personally appeared
H. C. Miller known to me to be the president of the corporation that executed the
within instrument and William L. Gates to the Secretary who also executed the within
instrument in behalf of the coporation therein named, and acknowledged to me that
such corporation executed the same.
�.
QF.!C! L SSAL 7
Arlene M. Livorsi No
Santa Cara Count — 315004
My Commission Expires September 24, 1979
AFFIDAVIT OF ATTORNEY -IN -FACT FOR SURETY
STATE OF .0 al. i.. fornia .... ...............................
COUNTY OF ...,Santa. .... lara.
...............................
On this ... 1WA ... day of.......... ....................... ............................... 19.7$, before me
personally appeared .........S.te .he.n H ..H.uss.ar .
...................... ............................... Attorney -in -fact, ...... ....
of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me
duly sworn, did depose and say, that he resides iiiGj- j- r4ay- j.••••Californ- ia ............ ; that he is the
Attorney -in -fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed and executed the said instrument as Attorney -in -fact of said cor-
poration by like order.
� .�,r dESiEF:' r A^4r- ,E'S9�ii111[119111 ®149111901,x, � /
Y /
M Q E tAL SEAL
n expires AC ✓:.........�et
Notary
Form
C t 1 riE
E S.-NITA CLARA
Comm. !71,p. May 29, 1982 a
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