Drewitz and FortinoI
Boo-
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PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR FXTENSIONS OF MATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF SIREFTS; I'1'1 ILLATION OF SEVERS, STnRM
DRAINS AND 04HER PG3LIC FACILI;''E;
This agreement made and entered into thisl6th, day of June
1980 , by and between the City of Gilroy, a municipal corporation, herein cAl,led "
a
the "City" and Drewitz and Fortino , a.real property .owner,
developer or subdivider, herein called the "Developer."
WITNESSEETH:
OHEREAS, a final map of subdivision, record of survey or building pqmit
(Site Clearance) application has now been submitted to the City for approval and
acceptance, covering certain real estate known as and called:
0.541 Acres on Sixth Street, 2001 + West of South Valley Freeway 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 aid 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 z:nd purpose of said Codes. Ordinances, Resolutions and Regulations,
it is agreed by and between the parties as follows:
SECTION l
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 Mo. 71' (Zoning Ord.); Ordinance No. 1788.(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.
-1-
SECTION 2
The Developer agrees:
a. To perform each and every provision required by the City to be per-
formed by tiie 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
tiny contractor or subcontractor of the Developer, or any employee
thereof, shall do in grading or working upon said real estates.
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 52_3,00 and shall guarantee the
falthfuil performance of this agreement; one shall be executed in an
amount no lees than 50% of the above mentioned bond and shall sacure
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 Cade of the State of California, the Codes. Ordinances.
Resolutions and Reyulations 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 prov1slcH95 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 a l l the provisions of this agreement and a l l work to be done pur-
suant to the-terms of t h i s 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.
SECT1011 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, neylect or rt!lt.isal of tilt: Developer to s6 perform, or to !,)ay
any non i es dui, herclinder when due shall re IeaSe the City t rom any an t a 1 1
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 Callfor-
nla or the Codes, Ordinances, Resolutions or Regulations of the City, In the
r,
event of any such default by Developer.
SECTION
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 area subject ot.final determination upon eomplo
t l on of the work.
FACILITY DEVELOPMENT COSTS CITY'S _. COOSSTSS BALANCE
a. Easements 6 Rights
of way "On S I te" S 10 .,..�......... :0- Inn2 ...�..
b. Easements 6 Rights
of way "Off Site" 100% 5 -0 S.js %..........
c. Water "On Site"
74' @ $12.88 /Ft
d. Water "Off Site"
0.541 Ac @ $1006 /Ac
e. Sewer "On Site"
S 953' -0- $ 95� ........,...�
$ 544 S -0- $ 544
s waived --0 $ waived (See Stip #2)
f. Sewer "Off Site" $ deferred
with building permit
-3-
s -0- $ deferred
g. Storm Drainage
"On 51te"
18" - 73.1'x $5.90 /ft
h. Storm Drainage
"Off Site"
0.541 acres x $759 /acre
$431 _
$ 411
1. Engineering. Inspec.-
tlon. & Plan Check,
4% x $ 230--- -mo0 ____ $ 92
J. Street Tree
Planting
With Bulidln
Permit
k. Construction Water,
Dust Control
Earthwork
$ pe erred
S 14
,(74,x oj5Zjt) +(n_541 Ac x $5.65/ac)
1. Street Paving
m. Street Curb 6
Gutter
}
n. Sidewalks
o. Street Name Signs
p. Fire Hydrants
"On Site"
741 x $2.68/ft
100% b -0
s 100%
$Waiv d
S 100 S -0- $ 100
c 198
-4-
q. Street Llghtirig $ Deferred
$ -0- $ Deferred
DUE CITY BY DEVELOPER $ 2643
DUE DEVELOPER BY CITY $ _0_
NET DUE CITY S 2643
IN FITNESS WHEREOF, said parties have Caused these presents to be
executed the date and year first above written.
CITY OF GILROY
ATTEST:
�lrt
City Clerk—
FORM
City At
DEVELOPER
BY .
BY
DATE L -
NOTE: If Developer Is a corporation. the complete legal game and corporate
seal of the corporation and the corporate titles of the persons
signing for the corporation shall appear above.
I,
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
No.
Date 5 -14 -80
'initialed S. L.
Location of property Sixth Street, 200' + West of South Valley Freeway
Assessor's Parcel # 841 -10 -042
Name of Applicant Drewitz & Fortino
Address 7145 Potomac Place,
Type of Development Proposed R -3
Area 0.541 Acres Storm Drain C =$759 / Acre
Frontage 74'Sixth Street
COST SCHEDULE
1. Front Foot Water Charges
8" 74 LF @ $12,88 /F.F.
2. Front Foot Sewer Charges
LF @ /F.F.
3. Front Foot Storm Charges
18" 73.1 LF @ $5.90 /F.F.
4. Front Foot Street Improvements
SF @ /S.F.
5. Front Foot Curb 6 Gutter Charges
LF @
6. Area Water Charge
$ 953
$ waived (see Stp #2)
$ 431
$ waived (see Stip #1)
q 100%
0.541 Acres @$1006 /Ac. - $544
7., Area Offsite Storm Drainage Fees
0.541 Acres 759 / Acrp w
8, Offsite Sanitary Sewer Fees
@ / w
9. Recreation Fees
@ / w
10. Engineering Plan Check Insporptlon
4% x Woo_,
■
11. Water Meter Charge
Meter S
12. flectr9liers
LF
13. Flre,Hydrents
74 LF @ $2.68 w
14. Construction Water
(74) .15 AF t (0.541�.65/Acre+
15. Streets Trees
$ 411
$With Bldg. Permit
$With Bld . Permit
0 92
S With Bldg Permit
$ Deferred
4 198
$ 14
Q . vith Bldg Permit
16.
17' ' $
Total $
STIPULATIONS 6•I �_ $�
-2-
X T H ST R E ET
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Vicinity Map
Drewitz/Fortino
R.M
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STVPULATIONS
Drewitz / Fortino Agreement
1) Resurface Sixth Street along the property frontage. Resur-
facing shall provide at least 1 1/2 inches of asphalt overlay.
Because of this extensive paving the City will not charge the Devel-
oper for the existing pavement.
2) Replace the existing 6" sewer line with an 8" sewer line.
(An 8" sewer line is the minimum size required by the City). With
this, the City will waive the fees for the existing sewer. The
owner will be reimbursed for the sewer line outside its boundary
at the time of development of the adjacent property to the east.
3) Install curb, gutter and sidewalk to City standards along
the entire frontage.
4) All fees will be paid at the then current rates.
5Y Before construction utilizing combustible materials may
proceed, an all weather access must be provided to within 150
feet of the building site; and at least one in service Fire
Hydrant must be available within 500 feet of each portion of
the site wherin this construction is to take place.
Accept