Howson's, Inc.i
PROPERTY DEVELOPMENT AGREEMENT_
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION•SYSTEMS;
IMPROVEMENT OF STREETS; INSTALLATION Of SEDERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this �20th� day of -M die ,
19.67 by
and
between the City of Gilroy, a municipal
corporation,
herein called
the "City"
and
_. Howsons' Incorporated
, 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:
Gentry Warehouse and,
WHEREAS, the Developer requires certain utilities and public works facill
ties in order to service the property under the minimum standards established by th4
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:
SEC�N_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 12 A, 19, 20
and 21 thereof pertaining to local improvement procedures in subdivision or
development respectively); Ordinance No. 602 (Subdivision Procedure, etc.);.
Ordinance No. 711 (toning Ordinance); Ordinance No. 693 (1961 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
-i-
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 $ 18,000._00 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-
s �
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.
SECT QW. .
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.
! RAC` ILITY DEVELOPMENT COSTS CITY'S COSTS
a. Easements & Rights -of -way
"On Site ", $ 100% $ None
See Stipulation # 1
b. Easements b Rights -of -way
"Off Site ", $ None $ None
c. Street Paving $ 100% $ None
See St_i_p._ # I
d, Street Curbing; iii MB#
if�L#ifSifR�f)ffifXlftf $ -- 100% $:. _ None_ _
See St 1_
e. Sidewalks; I("X9Kif X9Md(,
�XX%lg�(X>C6(X�fXKK $ None $ None
None required
f. Street Name Signs;, MMIl f
I�CXXXxXS�CXIdcXKK $ 100% $_ None
By.developer
-3-
g, Street Tree Planting.&
Parkway Improvements; uleXICIty
i< I�) �1�X $)fltYXlliER$)iXSiblb)1idXSX $ None . - $ None
None required
h.. Street Lighting; YQMXtlX*X][KdM,.
>�xXfexRxX�f�>t>X�t $ 100% $ None
By developer_
•i Water "On Site"
S_ee Stipulation # 1
j. Water "Off Site"
3 acres @ $231 /acre
k.- Sanitary Sewer "On Site ",
.See Stip. # 1 '
1. Sanitary Sewer, "Off site ",
6:1_.000 SF 50.02 /SF
m. Storm Drains "On Site "; MX
9rftXX9oft
See St i a,,, # 1
n. . Storm Drains, "Off Site ",
3 acres @ $4.j4 /acre
DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
1.00%
$ 693.00
None -
$ None
$ 1`00% $ None
$— 1.220.00
$ 100 %_. _-
-4-
e e�
$ None
$ None
$ _ None
$- 3.2.15.00
e
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTEST:
u�
City Cie
FORM PPROVED:
r C i y Jtorney
CITY OF GILROY
Mayor
City Administrator
DEVELOPER
a
By8 �
Y
NOTE: If Developer is a corporation, the complete legal name and corporate seal
of the corporation and the corporate titles of the persons signing for the
corporation shall appear above.
-5-
STIPULATION # 1
The developer hereby agrees to dedicate and improve to
half street width that portion of Luchessa Lane and Chestnut
Street fronting hjs development (approximately 225 feet on
Luchessa .Lane and 800 feet on.Chestnut Street). Plans and
specifications shall be approved by the Director of ,Public Works.
In the event an assessment district is formed for these
improvements the City agrees to-release the bonds posted by the
developer.
[''� iW f r .y •� � ��, � � *v,�. j tq x=t�•fa• �t �+j!`�' � � `a � "d` .. �., .� +yry . � r � i
f ...
M {
1�PL
J IC
}'�'
AVA CIT
lowi �•
y�. "+$�'.!,'{' i .:4 I +. �$ - •Z .+ tth _,K,� r 1•� ,� ^1r $�s �3 {r+R•� �� >�
u�ppr��w.R 1 E. L,; 1 a3 -ar 1 P rr.y'. : ia�1 r _i '4 Y" � = 3.:. !.1^•