Royal West, Inc.PROPERTY OFVELOP "LENT ACWHIENT �� 3
AGREEMENT FOR FY,TENSIONS OF ;PATER DISTRIBUTION SYSTE't,:
Ir1PROVEMFPIT OF STREET"; I'ISTALLATION OF SEDERS, STORM
DRAINS A�10 OVIER PUBLIC VIORKS FACILITIES
This agreement made and entered into this 7th day of August
19 -U, by and between the City of Gilroy, a municipal corporation, herein
� called
the "City" and
a real property owner,
developer or subdivider, herein called the "Developer."
d:
WITNESSETH:
VHEREAS, a final map of subdivision, record of survey or building F g permit
(Site Clearance) application has now been submitted to the City for approval and
acceptance, covering certain real estate known as and called:
Gibson Subdivision Tract 6252
and,
F 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 responsibilitiel 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.
NbU 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 No. 602 (Subdivision Procedure,
etc..); Ordinance No. 711 (Zoning Ord.); Ordinance No. 17611 (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
amanded to the time of execution of this agreement.
•* SECT 10'a 2
The Developer agrees:
a. To perform each and every provision required by the per-
formed by the Developer in each and every one OfsaidiCodes,bOrdi-
nances and other Regulations.
b. To grant to the City without charge, free and clear of encumbrances,
i
any and all stipulated easements and rights of way n 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
thereof, all as approved by the City Engineer; anddshall furnishes
two (2) good and sufficient bonds. One shall be executed in the face
amount of no less than $ 76,000
faithfull performance of th agreement; one shall beaexecutedh
is 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 1
and before any work is done therein, the Developer shall o the d
p
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.
SECT10: 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. from
and after the date and year first above written.
SECTIOiI 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 tills agreement.
SECT I orl 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 Vie Developer to so perform, or to Qav
,,ray monies due hereunder when due shall
release the City from any and all
c'10ig-1tiuns hereunder and the City, .ft its lection, may enforce the perfor-
nlance of any provision h.:rei,:, or any rijhL accruing to the City or may pur-
sue any remedy whatsoever it may have under the laws of the State of Califor-
nla or the Codes, Ordinance:;, Resolutions or Regulations of the City. In the
event of any such default by Developer.
SECT I O'i 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 017VF_LOPMENT COSTS CITY'S COSTS
a. Easements 6 Rights
Of way "On Site" $ 100% $ -0-
b. Easements b Rights
of vda y "Off Site" $ 100% $ -0-
C. Riater 'On Site $ 100% $ -0-
J. !!&ter "Off Site
See Cbst Schedule
e. Sewer "On Site`
f. S,:A e r "Off S i te"
$ 3916.26
$ 100%
$ De�eaI*_:ti,
3-
BALANCE
$ 100%
$ 100%
$ 100%
$ -0- $ 3916.26
$
$ -0-
$ 100%
$ Deferred
„ Storm Drainage $ 100% $ -0- $ 1000
"On Site”
i r
h. Storm Drainage
"Off Site" $ 2,429.17 $ -0- $
2,429.17
See Cost Schedule
i. Engineering, Inspec-
tion, 6 Plan Check,
k% x $ 76.000 $ 3,040.00 $ -0- $ J.Oj0.OQ
J. Street Tree
Planting $ Deferred $ -0- $ Deferred
With Building
Permit
k. Construction Water,
Dust Control E 118.00 -0- 118.00
Earthwork $ $ $
1. Street Paving
n. Street Curb t;
Gutter
n. aid(:~ :iks
L-. Stree� .47!me Signs
p. Fire Hyd►'ants
"On Site"
S inns 100%
$ 100% $ -0- $ 100%
$ 100% $ -0- $ 100%
long
Inn4
-4-
$ -0- _ $ 100%
$ -0- $ 100$
q. Street lighting $ 100% �� -0- $ 100%
_----- ---- -- ____
DUE
r.fY BY DEVELOPER
$ 9,503.43
DUE
DEVELOPER BY CITY
$ -0-
[JET
DUE CITY
$ 9,503.43
III WI TN IMEREOF, sa i d
parties have caused
these presents to be
/ J°? 0-.
executed the date and year first above written.
ATTEST:
C erk
- 4�
AWCity
FO APPROVCD:
l �
City Att rney
CITY OF VILROY
l
rotempore
ty Adfil n l!rTrft1br
DEVELOPER
By f �tt".IJQ'et'Q,
DATE May 16, 1978
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.
ADDITIONAL STIPULATIONS AND TERMS
TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND Gibson Tract DATED 5 -1 -78
1. The owner agrees to dedicate and improve all public right -of -way within
Tract #6252 to City of Gilroy specifications.
2. The owner agrees to all terms and conditions for the development of this
subdivision as required by the City Council and Planning Commission.
3. The owner shall install interim ditch drainage along Morey Avenue and shall
install a temporary pipe under Welburn Avenue which when combined with the
existing 18" CMP will equal a flow of 35 F. P. S. The owner shall receive
bids for this installation and shall submit copies for review by the City
Engineer. The City shall participate in the cost of this installation.
The City shall contribute $1,000.00 as its' contribution for the interim
system. The owner shall contribute 27.3% of the balance of the cost of the
interim system. The developer of Hillview Terrace shall contribute 72.7%
of the remaining cost.
4. A sound wall shall be constructed to match that proposed by the County for
developed frontages of Morey Avenue, prior to occupancy of any of the R -3
units.
SIGNATURE •k, /�.�utd
i
- - r
r
CITY OF GILROY
DEVELOPIENT COST SCHEDULE
110.
Date —May I 197R
Initialed
Location of property Morey Avenge Between Welburn Avenue and El Dorado Drive
Assessor's Parcel # Gibson Development
Name of Applicant Tan Carr
Address
Type of'Development Proposed R - 1
Area 3.893 Storm Zone "B"
Frontage
COST SCHEDULE
I.
Front
Foot
dater
Charges
LF @ /F. F. =
2.
Front
Foot
Surer
Charges
LF @ - / F. F. =
3.
Front
Foot
Storm
Charges
NA
LF @ NA /F.F. =
4.--Front
Foot
Street
Improvements
NA
SF @ NA / S.F. _
5.
Front
Foot
curb &
gutter charges
NA
LF @ NA
6.
Area Hater
Charge
3.893
Acres @$1006 /Ac. _
N/A
$ N/A
$ N/A
$ N/A
$ N/A
$ 3916.2
' � r
10
7. Area Offsite Storm Drainage Fees
3.893 Acres D $624 /Acre =
8. Offsite Sanitary Seiner Fees
14 $550
9. Recreation Fees
10. Engineering Plan Check R Inspection
_s 4% x $76,ono
11. Hater Meter Charge
1" & All Meter @ _
12. Electroliers
LF @ _
13. Fire Hydrants
LF @
14. Construction Water
640 /LF +3.89VAcre =
96.00 22.00
15. Street Trees
g 2429.17
$ w/building permit
$ wjbuilding permit
$ w/building pennit
$ by developer
o- by A- ut -16nar
$ 118.00
@ _ $w/building nernnit
16. _ $
17. _ $
Total = $ 9,503.43
STIPULATIONS