Standard Oil Company (3)t
t
PROPERTY DEViELOPMi;NT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATION OF SEtIERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
7th Auau t
This agreement made and entered into this day of
19 72, by and between the City of Gilroy, a municipal /corp�or tion, herein called
"City" S O• /` 1 r
the and Standard Oil Company of Ca I�tnr�►�., 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:
Northeast corner of Leavesley Road and Murray Avenue and,
I
4IHEREAS, 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,
VIHEREAS, the City,has certain responsibilities for maintenance and
I
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 consiJeratiory 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. &65 (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 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 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 $ 10,000 , 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
a. Easements & Rights -of -way
"On Site ",
DEVELOPMENT COSTS
$ 100%
b. Easements & Rights -of -way
"Off Site ", $
None required
c. Street Paving $ 1,395.54
d. Street Curbing; see City
Code Sec.26 -12, Table 11 $ 100%
e. Sidewalks; see City Code,
Sec. 26 -12, Table it $ 100%
f. Street Name Signs; see City
Code, Sec. 26 -12, Table it $ 100%
-3-
CITY'S COSTS
$ None
$ None
$ None
$ None
$ None
$ None
g. Street Tree Planting &
Parkway improvements;,
City Code,
h. Street Lighting;
Electroliers shall become
the property of the City
1. Water "On Site"
See Calc. Sheet
Murray $1,075.64
Leavesley 775.30
j. Water "Off Site"
4,76 Acres
$36 /acre
k. Sanitary Sewer "On Site ",
$ 100%
$ 100
$ 1,850.94
$ 273.60
$ 925.87
Murray $537.22
Leavesley 387.65
See Stip. #2
1. Sanitary Sewer, 'Off site ", $ 160.00
$160 /lot
m. Storm Drains "On Site ";
$ 448.40
0.76 acres @ $590 /acre
n. Storm Drains, 'Off Site ",
$ 100
See Stip. No. 1
o. Engineering, inspection
Plan Check )* x $10,000
3.5% $ 350.00
-4-
$ None
$ None
$ None
$ None
$ None
$ None
$ None
$ None
DUE
CITY BY DEVELOPER *
$
5,404.35
DUE
DEVELOPER BY CITY
$
-0-
% Does not include Building Permit, Plan Check
or water meter fees.
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
City Clerk
CITY OF GILROY
$TAN LARD ill ". C011*0'NY iii CAL JI' RNIA
a el
BY 4w��
Attorney - 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.
TATE OF CALIFOP IA, )
ss.
City and County of San Francisco.)
On gA
' JILV4ri before me, EL`M014D LEE ILLY, a notary public in
and for said city 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
within instrument on behalf of the corporation therein named and he acknowledged 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 Fact.
IN WITNESS WHEREOF, 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...Y,---,--,z
-w, EDMOND LEE KELLY
NOTARY PUBLIC- CALIFORNIA
CITY AND COUNTY OF
SAN FRANCISCO
nn� Commission Expires Jan. 22, 1976
Residing at San pancisco, California
(Alaska, Ariz., Calif., Ida., Ore.)
EDPiOND LEE KELLY
NOTARY PUBLIC
in and for the City and County of
San Francisco, State of California
t.
DEPARTMENT OF PUBLIC WORKS
1%1:1kt#!' of k6tlriau
7377 Church Street, P. O. Box 66
GILROY, CALIFORNIA
95020
S T I P U L A T I O N S
Telephone 842 -9322
WILLIAM K. HENRY
DIRECTOR OF PUBLIC WORKS
CITY ENGINEER
1) Developer shall extend the 18" RCP Storm Drain along Leavesley Road
to the State catch basin at the freeway. The City shall approve
the unit cost of said extension and agrees to re- imburse the
Developer for that portion of storm main fronting the adjacent
property at the City's standard reimbursement rate. Said re-
imbursement shall be made at such time as the property develops
and the City collects the existing utilities charge. This stipula-
tion shall expire ten (10) years from the date of this agreement.
No re- imbursement will be made to the developer after the expiration
date.
2) Fees collected from the 8" sanitary main and the 12" water main on
Murray Avenue will be re- imbursed by the City to Paul Gallegos
developer of Tract 4418 and Tract 4797.
CALCULATION SHEET
STANDARD OIL CO. OF CALIFORNIA
North East Corner of Murray and Leavesley Road
OFFSITE DEVELOPMENT FEES
1) Water $360 /acre x 0.76 acres
2) Sanitary @ $160 /Lot
3) Storm Drainage Zone "C"
$590 /acre @ 0.76 acre
ON SITE DEVELOPMENT FEES
1)
2)
3)
4)
Fr. Ft. Water 370.18 L.F. @ $5/ F.F.
Fr. Ft. Sewer 155.06 L.F. @ 2.50 /F.F.
215.29 L.F. @ 2.50 /F.F.
$ 273.60
160.00
448.40
1,850.94
387.65 ( Leavesley Rd.)
538.22 (Murray Ave.)
Fr. Ft. Street Improvement $2,791.08 S.F. @ .05/S.F.1,395.54
Engr. Plan Check & Insp. 3.5% x 10,000
350.00