Oaktree Corners AssociatesPROPERTY DEVELOP�IF.NT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTE;iS:
IMPROVEt4ENT OF STREETS: INSTALLATION OF SEWERS, STORI-1
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 83 -25
This agreement made and entered into this 19th day of September
19 83 , by and between the City of Gilroy, a municipal corporation, herein called the
OAKTREE CORNERS ASSOCIATES
"City" and THOMAS A. KING and DEAN C. CROFT , a real property owner
develper or subdivider, herein called the "Developer ".
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:
Oak Tree Corner, Tract No. 7430
and,
WHEREAS, the Developer requires certain utilities and public works facilities in
order to service the property under the minimum standards established by the City and,
WHEREAS, the City, by and through its City Coui.cil, 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, 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:
ccr•mrnu t
That all Codes, Ordinances, Resolutions, Rules and Regulations and established
policies of the City and the laws of the State of California concerning 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 Res. 80 -58 and 76 -47,
thereof pertaining to local improvement procedures in subdivision or development
respectfully): Ordinance-No. 711 (Zoning Or ): Resolution 81 -17 (1979 Uniform
Buildir._r Code): Rules and Regulations. Incl ded in the above are all of the above
referred to Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as
amended to the time of execution of this agreement.
`SECTION 2
s�
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, electricty, 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
improvements 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 $ 100,756.00 , and
the other. shall be executed 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 improvement 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.
The faithful performance bond hereinabove provided for, shall by the
terms remain in full force and effect_ for a period of one (1) year after the
completion and acceptance of said wo- k, to guarantee the repair and
replacement of defective material and faulty workmanship.
In lieu of said faithful perfurmance bond for maintenance, the
Developer may furnish a maintenance bond in the amount of 10% of the total
contract price (with a minimum amount of one thousand dollars $1,000.00) to
cover the one year (1) maintenance period.
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 7
thereof to be due under the terms and provisions of this agreement.
SRrTTnN I
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.
SRrTTnN s
What 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.
—2—
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
4
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 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
Engineering Map Checks
a) Subdivisons $ 208.00 + $ 3.00 (n)
Parcel Maps $ + $ (n)
n= Number of lots
n = 32 lots
b) Engineering Plan Check
and inspection
5% x $ 67,273.00 = $3,364.00
21A x 33,483.00 = 837.00
See Stipulation #9
c) Miscellaneous Engineer
Service
No. of hours x $ 31.00
4 hours
d) Public Works Microfilming
5 Sheet Maps and Plans
i
10 sheets
-3-
DEVELOPMENT COST
$ 304._00
$ 4,201.00
$ 124.00
c
50.00
e.. Fire Hydrant Location Fee $ 33.00
$33.00 for first five hydrants
+ 3.00 for each additional
2 hydrants
f) Area Water Charge
2.48 Acres @ $ 1,918.00 /Acre
4
$ 4,757.00
g) Construction Water $
592.81 LF @ $0.40 /LF + 2.48 Acres @ $14.89 /Acre
274.00
h)
Off -Site Storm Drainage
$
2,639.00
2.48 Acres @$1,064.00 /Acre
Plus a per unit charge for the
Interim Drainage Channel (to be
Acres @ /Acre
paid at a later date)
See Stipulation #13.
Area "B"
i)
Front.Foot Water Fee
$
3,735.00
298.55 LF @ $12.51 LF
J)
Front Foot Sewer Fee
$
By Developer
LF @ LF
k)
Front Foot Storm Drain Fee
$
By Developer
LF @ LF
1)
Street Paving
$
By Developer
SF @ /SF
M)
Curb and Gutter
$
By Developer
LF @ /LF
-4-
n) Galvanized Pole Electroliers
LF @ $ /LF
o) Electrolier Conduit
LF @ $ /LF
p) Fire Hydrants
LF @ $ /LF
q) Utility Pole_ Mounted Electrolier
LF @ $ /LF
r) Easements and Rights of Way
"On Site"
s) Easements and Rights of Wa
"Off Site"
t) Other
Share of Electrical Crossing
�j x $48,000.00
See Stipulation #12
of
$ By Developer
$ By Developer
$ By Developer
$ n/a
$ 100%
$ 100%
$ 12,000.00
DUE
CITY BY DEVELOPER
$
28,117.00
DUE
DEVELOPER BY CITY
$
-0-
NET
DUE CITY
$
28,117.00
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATT
FORM APPROVED
CITY OF GILROY
MEM10AM P-M-10 ✓_/
DEVELOPER
`/`
BY
BY --
DATE September 14, 1983
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.
-6-
STIPULATIONS
THOMAS A. KING and DEAN C. CROFT AGREEMENT
OAK TREE CORNER, TRACT NO. 7430
1. Locate and properly dispose of any wells, septic tanks and underground
fuel facilities.
NOTE: The capping of any well will require inspection by the Santa Clara
Valley Water District.
2. Schedule the construction of improvements along existing public roads so
that the work affecting vehicular traffic is completed with a minimum
interruption to traffic.
3. All work within the public right -of -way shall be subject to the approval
of the City Engineer, Cal Trans and Santa Clara County Transportation
Department.
4. Install curb, gutter and sidewalk to County standards along the property
frontage on Santa Teresa Boulevard and install curb and gutter to Cal
Trans standards along the Hecker Pass frontage.
5. All fees shall be paid at the rates in effect at that time.
6. Before construction
weather access must
and at least one in
feet of each portioi
place. Location of
Chief.
utilizing combustible mat,
be provided to within 150
service fire hydrant must
1 of the site wherein this
the fire hydrants will be
arials may proceed, an all
feet of the building site;
be available within 500
construction is to take
determined by the Fire
7. This agreement shall run with the land and be binding upon any successors
in interest.
8. The assignment of the agreement by the developer to another party shall
require prior approval of the City Council.
9. The developer shall pay the full 5% for plan check and inspection for all
water, sanitary and storm mains in the City right -of -way; and only 21%
for plan check for all the remaining off -site inprovements since these
improvements will be inspected by the County and the State.
10. The developer shall obtain a State Encroachment Permit prior to the start
of work along Hecker Pass Highway.
11. The developer shall obtain a County Encroachment Permit prior to the
start of any work along Santa Teresa Boulevard.
12. As per City of Gilroy Council Resolution 483 -6, the developer shall pay
for one - quarter of the estimated cost of the diagonal power line to be
installed under the intersection of Hecker Pass and Santa Teresa.
13. The developer agrees to pay for 10.56 units toward the Interim Drainage
Channel, when the per unit fee is established. _
Accepted by:
Title: 714
44e,
Date: V2= 3/�3