Standard Pacific - Northern Californiaf 703
PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMEMT OF STREETS; INSTALLATION OF SE14ERS, STORM
DRAINS AND OTHER PU3LIC WORKS FACILITIES
This agreement made and entered into this 16 day of May
1977, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and a ",Lj ,-4�, � ( , -K,r'- , 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:
Blossom Heights Tract ## 6045 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.
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 No. 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
�o Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as
amended to the time of execution of this agreement.
.I-
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 $ 245,000. , and shall guarantee the
faithful] 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.
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 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.
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,-hegl.ect or refusal of the Developer to sb 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 DEVELOPMENT COSTS CITY'S COSTS BALANCE
a. Easements & Rights
of way "On Site" $ 1000/, $ -0- $ 100%
b. Easements & Rights
of way "Off Site" $ 100% $ -0- $ 100%
c. Water "On Site" $ 9,078.73 $ -0- $ 9078.73
d. Mater "Off Site" $ 12,685.66 $ -0- $_ 12,685.66
see most
schedule attached
e. Sewer "On Site" $ 2,977.6 5 $ -0- $ 2-.q77 -(,s
see cost
schedule attached
f. Sewer "Off Site" $ deferresj $ -0- $ deferred
deferred, payable
with bldg. permits
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g. Storm Drainage $ 4,865.97 $ -0- $ 4,865.97
"0n Site"
see cost
schedule
h. Storm Drainage
"Off Site" 10,945.48 $ -0- $ 10,945.48
1. Engineering, Inspec-
tion, & Plan Check,
4% x $ 245,000 $ a0800.00 S -0- $ x,800.00
see cost
schedule
J. Street Tree
Planting $ Deferred
$ -0- $ deferred
With Building
Permit
k. Construction Water,
Dust Control E
Earthwork $ 362.25 $ -0- $ 362.25
see cost
schedule
1. Street Paving
$ 5,278.34
$ -0-
$ 5
see cost
schedule
m. Street Curb
Gutter
$ 100•
$ -0-
$ 100%
$ 10M
$ -0-
$ 100°
n. Sidewalks
$ 100°
$ -0-
$ 100%
o. Street Name Signs
p. Fire Hydrants
"On Site" $ 1,524.92 $ -0- $ 1,524.92
1AA f AC1
schedule
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q. Street Lighting
$ 100%
$ -0-
$
100%
DUE CITY
BY DEVELOPER
$
57,519.00
DUE DEVELOPER BY CITY
NET DUE CITY
$ -0-
$ 57,519.00
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
City Cler
FORM A f VED:
City Attorney
CITY OF GILROY
Maya
todm-i nIstrato
DEVELOPER
•
BY
I
TATE
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.
COUNTY OF Alameda
On this 16th day of May , 1977 , before
me, KareA Mover a Notary Public in and for the
said County and State, residing therein, duly commissioned and sworn,
personally appeared . William H. Langenberg , known to me to
be the President . and yn a E. Broatch
known to me to be the Secretaru of Standard Pacific-
Northern California the corporation that executed the
within and foregoing instrument, and known to me to be the persons
who executed the within instrument on behalf of said corporation-
therein named, and acknowledged to me that- such corporation executed
the same, and acknowledged to me that such corporation executed the
within instrument pursuant to its by -laws or a resolution of its
Board of Directors.
In Witness Whereof, I have hereunto set my hand and affixed my
official seal the day and year in this Certificate first above written.
q rarerlernnminunu!lnnnnu»orin : nlauuq
may,„ OFFICIAL SEAL w
1t> KAREN R. GLOVER
b el•.l��o NOTARY PUBLIC - CALIFORNIA
Jy COUP :TY OF ALAMEDA _
My Commission Expires Mach 28, 1.81
N�iHl is IIiHHSHSHHH9il Hlll iiiiH / 1181 /H7SHHliltlli= 88i'e18ID711H;3
Karen R. Glover
Notary�,Publ *c d and for the County of
a&441
Alameda , State of California
ADDITIMAL STIPULATI071S AND TERMS
TO THEDAye i �Tag-„r AGREEMENT
BETHEEN THE CITY AND BLOSSOM HEIGHTS TR/{lECtf ED MAY 1977
1. The owners agree to dedicate and improve all public right of ways
within the tract boundary and construct utilities outside the
tract boundary as required to service the subdivision and as
shown on the improvement plans.
2. The owner shall comply with all requirements established by the
Planning Commission as outlined by the minutes of said
commission.
3. The owner shall provide one inch water meters to each lot
within the subdivision.
4. The owners agree to complete the fire protection system and
the placement of baserock before any house framing. No
buildings will be finaled until the final lift of paving
is in place and all public improvements have been tested
and approved.
5. All electroliers shall become city property.
6. The owner shall obtain a permit from the Santa Clara County
Water District for any construction in the district right of
way.
SIGNATURE
CITY OF GILROY
CE "FLOP, "JUNT COST SCHEDULE
'lo.
Date
Initialed
Location of property Princevalle and Tenth Street
Assessor's #
Name of Applicant "Blossom Heights Subdivision
Address
Type or Deveicprrent Proposed R -1
Area 12.61 AC Storm Zone A $868 / AC
Frontag-- 824.74 L.F. on Princevalle St.
585.00 L.F on Tenth St.
COST SCHEDULE
1. Front Foct !later Charges
1409.74 L.F @ x.44 /F.F. =
2. Front Foot Saner Charges
585 LF 0 5.09 /F.F. =
3. Front foot Stcr m Charges
824.74 LF @ 5.90 /F.F.
4. Front Foot Street Improvements
10 X 824.74 SF 0 •64 / S.F. =
5. Front Foot curb & getter charges
NA LF @ N
6. Area 'later Charge
12.61 Acres @ 1006 Ac.
S 9,078.73
$ 2,977.65
$ 4,865.97
5,278.34
by owner
$ 12,685.66
d
7. Area Offsite Storm Drainage Fees
12.61 Acres @ S868 /Acre =
8. Offsite Sanitary Seger Fees
60 @ $550 / Lot _
9. Recreation Fees
10. Engineering Plan Check & Inspection
4/ x 245,000 =
11. !later deter Charge
60 V, P1eter @ $80.00 ea.
12. Electroliers
LF @ _
13. Fire Hydrants
563 LF on Princevalle @ 1.34
575 LF on Tenth STJLF @ 1.34 -
14. Construction plater
1940 /LF +12.61 /Acre = •15 x 1940 + 12.61 x 5.65
291.00 + 71.25
15. Street Trees
16. _
17.
Total =
STIPULATIONS
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$ 10,945.48
$ W /Bldg. Permit
W /Bldg. Permit
MEMOM
$ W /Bldg. Permit
$ By owner
754.42
72.0.50
$ 362, . 25
$ W /Bldg. Permits
Q
Q 57, 519.00