Monterey Savings & Loan Association�i
PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTE €dSIONS OF WATER DISTRIBUTiON SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 20thday of December ,
1976, by and between the City of Gilroy, a municipal corporation, herein called
the `City" and Monterey Savings & Loan Association a real property owner,
A California Corporation
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:
Santa Teresa Hills, Tract 5965 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.
N0W 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 12A, 19, 20, 21
and Res. 75 -43, 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 to
Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as amended
to the time of execution of this agreement.
SECTION 2
The Developer agrees:
a. To perform each and every provision required by the City to be per-
formed by the Developer in each and every one of said Codes, Ordi-
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 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 im-
provements as set out herein, according to the standards heretofore
established, and according to the grades, plans and specifications
thereof, ail 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 $ 93Z "Ono , and shall guarantee the
faithfull performance of this agreement; one 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 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
7 thereof 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 pur-
suant to-theterms 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 re-
ferred to above, being attached hereto, are hereby incorporated herein and,
expressly made a part of this agreement.
SECTION b
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,begl.ect:or refusal of the Developer to so perform, or to ;gay
any monies due hereunder when due shall release the City from any and all
-2-
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 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 of final determination upon comple-
tion of the work.
FACILITY DEVELOPMENT COSTS CITY'S COSTS
a. Easements & Rights
of way "On Site" $ 100 $ -0
b. Easements & Rights
of way "Off Site" $ 100% $ -0
c. Water "On Site" $__4, 5 7 2. 4 o $ -0-
710 L.F. @ $6.44/F.F.
Mantelli Drive
d. Mater "Off Site" $ 21,601.08 $ -0
See Cost Schedule
e. Sewer "On Site" $ 3,613.90
_ 710 L.F. @ $5.09
f. Sewer "Off Site" $ Deferred
550 /unit
Payable with Building
Permits
-3-
BALANCE
$ -0-
$ 4,572.4-
$ 21,601.08
$ -o- $ 3,613.90
$ -0- $. Deferred
g. Storm Drainage $ 1,947.00 $ -0- $ 1,947.00
"On Site"
330/L.F. @ $5.90/L.F.
h. Storm Drainage
"Off Site" $ 13,398.68 $ -0- $ 13,398.68
See Cost Schedule
1. Engineering, inspec-
tion, & Plan Check,
4% x $ 237,000 $ 9,480.00 $ -0- $ 9,480.00
J. Street Tree
Planting $ Deferred $ $
With Building
Permit
k. Construction Water,
Dust Control E
Earthwork $ 535.91 $ -0- $ 535.91
See Cost Schedule
1. Street Paving $ 6,208.00 $ -0- $ N.A.
See Cost Schedule
M. Street Curb
Gutter
n. Sidewalks
$ N.A. $ -0- $ N.A.
$ N.A. $ N.A.
$ N.A.
0
o. Street Name Signs $ 1000 $ -0- 1001
p. Fire Hydrants
"On Site"
$ N.A. $ N.A. $ N.A.
-4-
e
q. Street Lighting $ inni
$ -0- $ 100%
DUE CITY BY DEVELOPER $ 61,356.97
DUE DEVELOPER BY CITY 5 -0-
NET DUE CITY $ 61,356.97
IPl WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
City Clerk
CITY OF GILROY
DEVELOPER
1�1o�G>c.RE,y Sq��NCzS FI�MO
I..O�1J ASS oC� r4rT1 o+J
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
CE';ELOPI'E lT COST SCHEDULE
`lo.
Date 12/15/76
Initialed
Location of property west of Morey Avenue; South of Mantelli Drive
Assessor's Parcel # 783 -3 -11
'Same of Applicant Waldon Sampson
Address
Type of Development Proposed R -1
Area 18.694 AC Full, 11.113 AC 1/4 Storm Zone "B"
29.807 AC Total
Frontage Mantelli Drive 710'
COST SCHEDULE
1. Front Foot Mater Charges
710 LF @ $6.44 /F.F. =
2. Front Foot Sewer Charges
710 LF @ $5.09 /F.F. =
3. Front Foot Storm Charges
330 LF @ $5.90 /F.F. =
4. Front Foot Street Improvements
2600 @ $.64
7100 SF @ $.64 / S.F. =
5. Front Foot curb & gutter charges
N/A LF @ N/A _
6. Area hater Charge
18.694 Acres @ $1006
11.113 Acres 0 251.5/Ac. =
$_1.572-40
g 3,613.90
$ 1,947.00
1,664.00
$ By Owner
.
7. Area 018 694 Storm Acres 6e 624 /Acre =
11.113 Acres @ $156 /Acre =
8. Offsite Sanitary Sewer Fees
59 Lots @ $550 / Lot
9. Recreation Fees
11,665.06
q 1,733.62
$ w /bldg. permit
15. Street Trees
16.
17.
Total =
STIPULATIONS
-2-
$ w /bldg. permit
$
$ 61,356.97
@ / _
w /bldg, permit
10.
Engineering Plan Check &Inspection
4;a x 237,000 =
$
9,480.00
11.
'later Meter Charge
ill Meter @ $80
_ $
w /bldg. permit
12.
Electroliers
N/A LF @ N/A
= $
N/A
13.
Fire Hydrants
N/A LF @ N/A
=
N/A
14.
Construction plater
2450 @ 15t /LF +5.65- /Acre = 2450 @ 15t
+ 5.65 X 29.807 AC $
535.91
15. Street Trees
16.
17.
Total =
STIPULATIONS
-2-
$ w /bldg. permit
$
$ 61,356.97
ADDITIONAL STIPULATIONS AND TERMS
TO THE DEVELOPMENT AGREEMENT
TRACT 5965
BETWEEN THE CITY AND
DATED December 20, 1976
1. The developer shall dedicate and improve for public use, the extension
of Welburn Avenue, two stub streets from Welburn Avenue to the southern
property line and the short cul -de -sac street running south from
Mantelli Drive.
2. Pavement sections for the short stub streets shall be subject to
approval of the Director of Public Works and shall be such as to properly
tie in with street systems serving adjacent properties.
3. 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.
4. The owner shall also notify the future owners of Lots 8 and 9, Lots 22
through 25 and Lots 28 through 31, Lots 49, 50, 54, 56, 59 that natural
runoff will occur on their lots from adjacent woodland areas.
5. The developer shall identify those lots which will require water
pressurization systems on the final map. Individual booster pumps shall
be sized to provide 25 G.P.M. minimum for each lot with water pressure
less than 16 pounds per square inch.
6. The following lots shall require 1 1/2" water services to assure
adequate water volume at low pressures. Lots 8 and 9, Lots 21 through
31 and Lots 49 through 59. One inch meters will be permitted on those
services.. Where.the meter is remote from the lob, a 2" houseline shall
be installed from the meter to a point on me lot acceptable to the
Director of Public Works.
7. Access to lots 55, 56 and 57 shall be via a 60 foot wide access on
Ousley Drive. An 18 foot wide driveway, serving the three lots shall
be constructed. The remaining 21 feet on either side shall be landscaped.
Cross easement agreements shall be drawn and shall be recorded on the
final map.
8. Cross easements and joint maintenance agreements shall be drawn for
all panhandle lots, and shall be recorded on the final map and shall
be subject to review and approval by the City Attorney and Director of
Public Works.
9. 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 approval by the Director of Public Works. All slopes on each
lot shall be planted prior to occupancy of each individual lot.
10. All electroliers shall become city property.
4
-2-
11. No construction may begin on individual homes until a suitable all weather
roadway is constructed for Fire Department access.
12. Prior to construction of any residence or accessory structure, an
individual grading plan shall be submitted to the Director of Public
Works for his review and approval and individual lot development
restrictions shall be prepared 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 protection along driveways shall be included.
13. Common driveways and turnaround or hammerhead areas shall be constructed
by the developer prior to the sale of a lot or construction of a residence
on lots served by panhandle access or where a turnaround is required.
14. Spark arrestors and fire resistant roofs shall be provided for residences
on lots 16 -32 as specified by the Fire Chief.
15. 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.
16. A build out schedule of not more than 30 units per year shall be maintained.
17. Grading setback area line shall be maintained between all lots adjacent
to Northwood No. 2 subdivision.
18. A 6 foot wide planter area shall be provided between lots 41, 52, 53 and
54 and Northwood No. subdivision.
19. Building plans for lots 22 -25 shall be subject to review and approval of
Architectural and Site Approval Committee. No trees are to be removed
from these lots without approval of this committee.
MOOTE S--f SPrev ti 1J Ca,s Ac*i'Q t.ti'�trJ ��S DCl1 'l"1W
t?- • -t o Ri CR�
Date Signature
Al�°���