Standard Oil Company (2)PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATION OF SEVIERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 7th day of Au;ust ,
19_Z2 , by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Standard Oil Qompany of California , a real property owner,
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:
Standard Oil Station, Monterey Rd. Interchannge. and,
UHEREAS, 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,
14HEREAS, 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.
N011 THEREFORE, in cons i jerat iorn 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. 1474, thereof pertaining to local improvement procedures in subdivision
or development respectively); Ordinance No. 602 (Subdivision Procedure, etc.)Ordi-
nance No. 711 (Zoning Ord.); Ordinance No. E65 (1967 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 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 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 ail stipulated easements and rights of way in and to his said read
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 ail 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 improve-
ments as set out herein, according to the standards heretofore estab-
lished, 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 $ 5,000 _, and one of which bonds shall
guarantee that faithful performance of this agreement and the other said
bond 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 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 shall pay to the City
all sums, except costs to be borne by the City, shown in Section 7 there-
of 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 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 here-
-2-
under when due shall release the City from any and all obligations 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 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.
I . FACILITY ILITY DEVELOPMENT COSTS CITY'S COSTS
a. Easements & Rights -of -way
"On Site ", $ 100/ $ NONE
b. Easements S Rights -of -way
"Off Site". $ ,� E $ , NONE
C. Street Paving $ loot
$ NONE
d. Street Curbing; see City
Code Sec.26 -12, Table 11 $_ 100
e. Sidewalks; see City Code,
Sec. 26 -12, Table 11 $ 10ag $ None
f. Street
Name
Signs;
see City
Code,
Sec.
26 -12,
Table 11 $1001 $ NONE
-3-
g. Street Tree Planting
Parkway Improvements;
City Code,
h. Street Lighting;
$ 100%
1. Water "On Site" $ 590-00
See Stip No. 1
j. Water 'Off Site"
See Stip No. 2
k. Sanitary Sewer "On Site ",
$ 383.04
See SUP No. 3
1. Sanitary Sewer, 'Off site ", $ Deferred
See Stip Not 3
m. Storm Drains "On Site ";
n. Storm Drains, 'Off Site ",
o. Engineering, Inspection
Plan Check $ x $ 5,000
$ 100%
$ 718.20
-4-
NM
$ Now.
$ NONE
$ NONE
Cc k� I'
$ NONE
- AMATV
ATAATL.
DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
$ 1796.24
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
FORM
City Clerk
City Att,(irney
CITY OF GILROY
STANDARD OIL COMPANY Of CALIFORNIA
BY a q
rwtA-
Atto in -fact
BY
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.
STATE. OF CALIFORNIA, )
) ss.
City and County of San Francisco.)
On 31, / y -) -� , before me, GERALDIDPE D. CO,iEN,a notary public in
and for said&A-y-j1nd county and state, residing therein, duly commissioned and
sworn, personally appeared A.T. SMITH, Attorney in Fact of Standard Oil Company of
California, a Delaware corporation, known to me to be the person who executed the
-:rthin instrument on behalf of the corporation therein named and he acknotriedged to
me that such corporation executed the same, and also known to me to be the person
whose name is subscribed to the within instrument as the Attorney in Fact of said
corporation, and he acknowledged to me that he subscribed the name of said Standard
Oil Company of California thereto as principal and his own name as Attorney in Pact.
IN WITIIESS WHEREOr, I have hereunto set my hand and affixed my official
seal in the city and county and state aforesaid the day and year in this certificate
first above written.
♦eoesoeeseeeeseeeseoeeeeses000
0 ..� y GERALDINE D. COHEN
• := NOTARY PUBLIC - CALIFORNIA •
�' CITY AND COUNTY OF
e ti "' SAN FRANCISCO •
e My Commission Expires January 10, 1973 •
ee0000eoeoeoe00000000000eoeose
My Commission expires:
16 / 173
Re i.g at gan Francisco, California
(Alaska., Ariz., Calif.., Ida., Ore.)
GEPALDINE D. COHEN
NOTAr.Y PUBLIC
in and for the City and County of
San Francisco, State of California
STIPULATIONS
1) Developer shall extend the 12" water main to his property and
shall pay for his pro -rated share of the cost of the existing water
main through the Monterey Road interchange area. This is calculated
at $520.
2) Developer agrees to extend the water main from its present terminus
southerly 600 feet to his property. City agrees to reimburse the
Developer for one half the cost of this extension at such time as
the property to the east connects to the main and pays its frontage
charge. Reimbursement will be for a maximum period of 10 years from
the date of this agreement. No reimbursement will be made after that
date.
City also agrees to require the property owner to the east, at such
time as he develops, to extend the water main past the Developer's
frontage at no cost to the Developer.
Developer has met his obligation for water main with the construction
of said 600 feet water main extension.
3) Developer agrees to enter an assessment district, if formed, for a
sanitary sewer and connect to said sanitary sewer and pay all appli-
cable charges and costs. If a sanitary sewer is constructed by other
means developer agrees to pay his fair share of said costs upon demand
from City.
STANDARD OIL COMPANY
MONTEREY RD. INTERCHANGE
CALCULATION SHEET
OFFSITE FEES
1) Water 1.064 acres @ $360.00 /acre = $383.04
2) Storm Drain 1.064 acres @ $675.00/acre = $718.20
3) Sanitary (Deferred)
4) Engr. Plan Check & Insp. 3.5% x 5,000 $175.00
5) Assessment for share of water main constructed
through Monterey Rd. Interchange $520.00
TOTAL $1796.24
* Does not include
Water meter (12" @ $210.00)
Bldg. Permit & Plan Check Fees.