Progressive Self-Help Housing Enterprises (2)PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF MATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 4th day of May ,
19 70 , by and between the City of Gilroy, a municpal corporation, herein called
the "City" and The Progressive Self -HeIg Housing to er_ , a real property owner,
prises Inc. of South Santa Clara County
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:
Luna Estates, Tract 4797, Murray_ Avenue 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 12 A, 19,
20 and 21 thereof pertaining to local improvement procedures in subdivision or
development respectively); Ordinance mo. 602 (Subdivision Procedure, etc.); Ordi-
nance '!o. 711 (Zoning Ordinance).; Ordinance No. 865 (1067 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 amend-
ed 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
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, electri-
city 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 sub - contractor 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, 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 $SP u�, and one of which bonds
shall guarantee that faithful performannce•of this agreement and the
other said bond shall secure payment to the contractor, his sub-
contractors 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 shalt pay to the
City all sums, except costs 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 ail 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 hereunder when due shall release the City from any and all obligations
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e
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 oh 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.
FACILITY DEVELOPMENT COSTS CITY'S COSTS
a. Easements S Rights-of -way
"On Site ", $ 100% $ 0%
Right of Way & Easements shall
be granted to the County of Santa Clara
b. Easements 6 Right -of -way
"Off Site ", $ 100% $ 0%
Norte required
c. Street Paving $ 100% $ 0%
d. Street Curbing;
$ 100% $ 0%
e. Sidewalks;
$ 100% $ 0%
f. Street Name Signs;
$ 100% $ 0%
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s
g. Street Free Planting
Parkway Improvements;
City Code,
S ,100 $ n
h. Street Lighting;
$ 100%
Shall be ,City of Gilroy specifications
and shall become City property upon
annexation.
I. Water "On Site" $ 1,350.`00
j. Water "Off Site"
8.88 Acres P S231.1acre
See Stipulation No. 6
k. Sanitary Sewer "On Site ",
$ i 00%
xJIIIIIIIIIII
I. Sanitary Sewer, "Off site ", $ 4,25.00
45 Lots P 9105 /Lot
m. Storm Drains "On Site ";
n. Storm Drains, "Off Site ",
"No Fee"
o. Engineering, Inspection
Plan Check 3% x $n- nn
$ 0
$ n�
.I
$ 0%
$ Q`
$ 100% $ 0%
$ 600.00
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S
DUE CITY BY DEVELOPER $ 8,726.28
DUE DEVELOPER BY CITY $ 4,560.00 -
* Payable upon acceptance of the water main
IFI WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
City Clerk
FORM AP7OVED :
City Attorney
NOTE:
DEVELOPER
The Progressive Self -Help Housing Enter -
'prises Inc. of South Santa Cia County
BY
'�'Ca"L' I V d 1 1 Tvrtj -ry
If Developer is a corporation, the compie a legal name and corporate
seal of the corporation and the corporate titles of the persons
signing for the corporation shall appear above.
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STIPULATIONS
1) The Developer shall provide a faithful performance bond and a labor and materials
bond to the City to cover all costs of constructing the sanitary and water system.
2) The Developer shall give the City a minimum 24 hour notice prior to beginning any
work on the sanitary or water system. The City will be responsible for the in-
spection of the water and sewage systems only.
3) The City agrees to reinburse the Contractor for that portion of the 8" sanitary
sewer to be extended toward Leavesley Road. Reimbursement shall be made only
at such time as the property abutting the line develops (or connects) and the
existing utility fees are collected by the City. This stipulation shall expire
Ten (10) years from the date of this agreement. No reimbursement will be made to
the Contractor after the expiration date. The Contractor is Mr. Hipolito B.
Gallegos.
4) The Developer agrees to bind each future property owner of Lots 1 through 45
inclusive with an agreement to annex to the City of Gilroy upon notice from the
City. The City shall have the alternative to annex all or a portion of the tract.
Should any of the property owners of Lots 1 through 45 inclusive refuse to annex
it shall be understood that the City will have the right to immediately cease
water and sewer service to the property involved.
5) During the period that each lot is within the county corporate limits, the property
owner shall pay to the City the 'outside rate" for water and sewer service. Upon
annexation the property owner shall receive City rates.
6) The City agrees to reimburse the Contractor for that portion of the 12" water
main above an 8" size. Said reimbursement shall be 2280 L.F. x (9.00 - 7.00)=
$4,560 and shall be made upon acceptance of the water main. The City also agrees
to reimburse the contractor for that portion of the water line abutting other
properties. Reimbursement shall be based upon an 8" size and shall be made at
such time as the abutting properties connect to the line and the front foot fees
are paid to the City. This stipulation shall expire ten (10) years from the date
of this agreement. No reimbursement will be made to the contractor after the
expiration date.
7) Should any property north of Tract 4797 extend the sewer line or water said
property shall reimburse the Contractor for a portion of the cost of the original
extension of the sanitary sewer or water line from Leavesley Road. Said reimburse-
ment shall be based upon benefit and area served. This stipulation shall expire
within ten (10) years of the date of this agreement.
8) The Contractor noted in stipulation 3 and 7 is Mr. Hipolito B. Gallegos.
LUNA ESTATES DEVELOPMENT FEES
Total Area 567.43 x 700.23 + 48.99
Less Radius Area
Less Murray Avenue Dedication
33 x 749.
399,897.91 = 9.18 acres
43,560
Offsite Water
1. 231.00 x 8.88 acres
Sanitary Sewer Offsite
105.00 /Lot x 45 Lots
_ $425,129.91
515.00
$424,614.91
= 24,717.00
399,897.91
2,051.28
4,725.00