Rainbow Development CompanyPROPEPTY U VELOPINENT AGRFFMrNT
AGREEMENT FOR FYT`INSIONS OF VATER DISTRIBUTION SYSTEMS:
IMPROVEMEMT OF SIREETS; I'1STALLATION OF SEIIERS, STORM
DRAINS AND OTHER PL;3LIC UO K,3 FACIL1 ".':Es
This agreement made and entered in-co this 4th day of April
1977, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Rainbow Development Company , a real property owner,
developer or subdivider, herein called the "Developer."
WITNESSETH:
I,4HEREAS, 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:
Rainbow Tract Subdivision No. 6002 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,
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 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:
SECTION 1
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. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in
subdivision or development respectively); Ordinance Flo. 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
LO Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as
a,:iended to the time of execution of this agreement.
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- 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, 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 $ 12,000 , and shall guarantee the
faithfuil 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.
SECT
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 the terms of this agreement are to be' completed within one�year.f:rom
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 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
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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
a. Easements 6 Rights
of way "On Site"
DEVELOPMENT COSTS
$ 100%
b. Easements & Rights
of way "Off Site" $ 100%
c. Water "On Site"
d. Water "Off Site"
Original Quad
e. Sewer "On Site''
f. Sewer "Off Site"
$230 /unit
with building permit
CITY'S COSTS
$ -0-
BALANCE
$ 100%
$ -0- $ 100%
$ 100% $ -0- $ 100%
$ -0- $ -0-
$_..._ 1 on S -o-
$ -0-
$
100%
$_ deferred $ -0- $ deferred
-3-
. g- Storm Drainage $ 100% $ -0- $____100%
"0.1 S i te"
h. Storm Drainage
"Off Site" $ -0- $ -0- $
0riainal Ouad
1. Engineering, Inspec-
tion, & Plan Check,
4% x $_12,000 $ 480.00 S -0- $ 480.00
J. Street Tree
Planting $ Deferred $ -0- $ Deferred
With Building
Permit
k. Construction Water,
Dust Control 6
Earthwork $ 29.35 $ $ 29.35
_1.626 Ac. @ $x.65 = 9.19
_504 x = $20.16
1. Street Paving $ 100% $ -0-
See Stipulation
No. #3
m. Street Curb &
Gutter $ 1000
n. Sidewalks
o. Street Name Signs
$ 100%
$ -0- $ 100%
$ 100% $ -0- $ 100%
$ 1000
p. Fire Hydrants
"On Site" S 100%
-4-
$ -0- $ 100%
$ -0- $ 100`
q. Street Lighting
$ 800.00
See Stipulation No. 4
$ -0- $ 800.00
DUE CITY BY DEVELOPER $ 1,309.35
DUE DEVELOPER BY CITY $ -0-
NET DUE CITY $_,1309-35
11) WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
j 6�
City Clerk
CITY OF GILROY
DEVELOPER l Anv Dc=v` L ,� chi n. i =,a .
DATE 11-7 7
NOTE: If Developer is a corporation, the complete legal Flame and corporate
seal of the corporation and the corporate titles of the persons
signing for the corporation shall appear above.
RAINBOW TRACT NO. 6002
Stipulations
1. The developer shall dedicate and improve all street rights -of -way along
the three street frontages.
2. The developer shall re -align the existing sewer main on the east
property line as shown on the improvement plans. All existing sewer
laterals shall be exposed and plugged at the main.
3. The developer shall improve the structural section of the pavement in
East Street overlaying the existing paving with two inches of asphalt
paving and neces ary leveling.
The Developer will be permitted to contract with the city for the place-
ment of this pavement as a part of the City's 1977 maintenance resurfacing
project. Payment for this work would then be made at the time of the
award of the City's contract. Payment shall be set at the City's price
per ton of asphalt placed for two hundred and seven (207) tons. This
tonnage provides for initial surface leveling as well as the 2 inch
asphalt overlay.
If the developer chooses to contract with the City for this overlay, he
shall include three thousand dollars in his contract bonds to cover this
portion of work.
4. The developer agrees to install all electroliers necessary to properly
illuminate the street frontages. Because this area is served by existing
overhead streetside utilities which we do not expect will ever be under -
grounded, the two new lights needed may be installed on the existing wood
poles. The Developer shall pay $400.00 for each of these two lights per
City policy, the lights will then be installed by P.G. & E. at the
City's direction. Should an assessment district for undergrounding
these utilities ever be approved, the owners of the lots within this
subdivision will be credited for the $800.00 being charged the developer
at this time.
5. The developer agrees to install a storm drain from the northwest corner
of East Street and Old Gilroy to the storm drain in Eighth Street. The
City shall participate in the construction of a catch basin on the south
west corner of East Street and Old Gilroy Street and an additional pipe
if necessary to deviate from the alignment as shown on the plans.
6. Owner shall sever all old water and gas services at the main and comply
with the State and Local requirements f the dispo ition of water well
and septic tanks. 1 Np !_U`c-
S ignatu�e
to