Granite Rock CompanyPROPERTY DEVELOP14ENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; I1ISTALLATION OF SEVERS, STORM
DRAIWS AAD OTHER PUBLIC 11ORKS FACILITIES
This agreement made and entered into this _7th_ day of May 0
19 73 , by and between the City of Gilroy, a municipal corporation, herein called
the `City" and Granite Rock 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 has now been submitted to the City for approval and
acceptance, covering certain real estate known as and called: 4.6 acre parcel
on South Chestnut Street at Princevalle Storm Ditch being a portion of and,
parcel 841-15-61 T'
VHEREAS, 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,
UtHEREAS, 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 consijeration. 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 12A, 19, 20, 21
and Res. 1474, thereof pertaining to local improvement procedures in subdivision
or development respectively); Ordinance Flo. !02 (Subdivision Procedure, etc.)Ordi-
nance No. 711 (Zoning Ord.); Ordinance No. i65 0907 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 amended 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, 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 improve-
ments as set out herein, according to the standards heretofore estab-
lished, 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 $ , 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 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-
-2-
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.
FACE ILITY DEVELOPMENT COSTS CITY'S COSTS
a. Easements & Rights -of -way
"On Site ", $ ion, $ 0.00
b. Easements & Rights -of -way
"Off Site ", $ 100% $ 0.00
c. Street Paving $ 100% $ 0.00
d. Street Curbing; see City
Code Sec.26 -12, Table it $ 100% $ 0.00
e. Sidewalks; see City Code,
Sec. 26 -12, Table it $_ 100% $ 0.00
f. Street Name Signs; see City
Code, Sec. 26 -12, Table 11 $
-3-
g. Street Tree Planting
Parkway lmprovem*nts;
City Code,
See Resolution 640
h. Street Lighting;
i . !-Dater ''On Site"
j. 'later "Off Site"
4.60 acres @ $361.00
per acre
k. Sanitary Sewer "On Site"
$ 100% $ 0.00
$ 100% $ 0.00
$ 100% $ 0.00
$ 1,660.60 $ 0.00
$ 100% $ 0.00
1. Sanitary Sewer, "Off Site" $ 160.00
1 Lot @ $160.00 min.
m. Storm Drains 'On Site'
n. Storm Drains, 'Off Site`'
4.6 acres @ $675.00
$ 100%
$ 0.00
$ 0.00
$ 3,105.00 $ 0.00
o. Engineering, Inspection &
Plan Check 3.5% x $
$ 0.00
-4-
DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
$ 4,925.60
* Does not include water meter nor building permit fees
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
City Clerk
ED:
r r.
City Att n
CITY OF GILROY
Mayor
Citf>Vdm4r0itrator Protempore
DEVELOPER
BY 'IN
BY
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.
STIPULATIONS
1) All development shall comply with Planning Commission Resolution 640
adopted January 18, 1973 and amendments. A copy of said resolution
is attached and made a part hereof.
-5-
NG
LSSION OF THE CITY
M
RESOLUTION PTO. 640
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF GILROY GRANTING APPLICATION OF GRANITE ROCK COM-
PANY FOR A CONDITIONAL USE PERMIT TO ERECT AND OPERATE
A CONCRETE BATCH PLANT ON THE MOST NORTHERLY PARCEL OF
THE GILROY INDUSTRIAL PARK ON THE WEST SIDE OF CHESTNUT
STREET IN THE CITY OF GILROY.
WHEREAS, GRANITE ROCK COMPANY has filed an application in
i
due form for a conditional use permit to construct and operate
a concrete batch plant on;the mlpst northerly parcel of the Gilroy
I
Industrial Park on the west side Chestnut Street in the City of
Gilroy, and notice of the!heari g of said application has been given
in the manner and for the period required by law and the Zoning
Ordinance of the City of Gilroyi; and
WHEREAS, the said hearing 'has been held at the time and
place specified in the notice thereof and continued to this date,
and evidence has been rec'eived.upon the said application from which
the commission finds:
(1) That the proposed use is properly located in relation
to the General Plan and to the community as a whole and to other
land used and.to transportation and service facilities in the
vicinity; and
(2) That the proposed use, if it complies with all conditions
upon which approval is made contingent, will not adversely affect
other property in the vicinity or cause damage, hazard or nuisance
to p ersons or property; and
WHEREAS, the Commission has determined that the said permit':;
I'
prayed for should be granted upon the following conditions: j
(1) The development of the site shall be in accordance with
l the approved plans, submitted and on file with the City
i
RESOLUTION NO,, 640
- i 'I
i
.i
. I
Planning Department, or no building permit -shall issue.,
(2) All City ordinances including fire, public works and
planning be met before final building approval,
(3) The landscaping shall be permanently maintained with
proper irrigation approved by staff.
(4) All property not occupied by structures, paving or land
scaping shall be treated to obviate dust, mud and weeds.
The natural vegetation of the unused portion of the lot
may be used if maintained.
Y(5) All identifying'signs shall comply with requirements of
the sign ordinance.
(6) Any outdoor lighting ,'shall be directed away from adjacent
properties and streets.
(7) All plans for future construction, which are not covered
by this review, shah require a further conditional use
permit.
(8) The use shall meet the standardslset by the City of Gilroy
and the Bay Area Pollution Contr8l District as to emissions
of noise, odor,' smok , dust, vibration, wastes, fumes or any
other public nuisances arising or occurring incidental to
its establishment or operation.
(9) All structureslshall!,be painted in.neutral earth tone colors
to be approved',by staff, with maintenance painting as
necessary to preserve a neat and orderly appearance.
(10) Landscape screening shall be installed along the northern
boundary of the site.
(11) 'Asphaltic paving shall be installed on all interior roads
to staff approval.
(12) A ten foot fence shall be installed around the complete
perimeter of the premises.
(13) Operation shall be limited to the hours of 6 a.m. to 6 p.m.
Monday through Saturday, except for unusual circumstances.
(14) No storage of obsolete and unused equipment shall be
permitted on the premises.
(15) If one or more of the above conditions is not met with
respect to all of its terms, then this approval is auto-
matically withdrawn and plant operation shall cease.
(16) This permit shall be exercised within one (1) year of
the date of the City Council approval of the rezoning '
or it shall become null and void.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Gilroy does hereby determine that the said use
permit prayed for be and the same is hereby granted in accordance
1
RESOLUTION N0. 640
-2-
t i
with the application upon the conditions that the said concrete
batch plant be erected and located upon the premises hereinbefore:..,
mentioned in' accordance with the plans, designs, and other data
filed with the Planning Commission in conne Lion with its application
for use permit, and upon the condition that the other conditions
hereinbefore set forth be complied with.
- -PASSED AND ADOPTED this 18th day of January; 1973, by the
following vote:
AYES: COMMISSIONERS:I ACEVES, BALDWIN, BERRY, CHIESA,
ZIZZO and HARRISON
NOES: COMMISSIONERS: None
ABSTAINED: COMMISSIONERS: DeBELL
ABSENT: COMMISSIONERS: None
APPROVED:
Chairman
ATTEST:
Secretary
RESOLUTION NO. 640