Filice, John and MichaelPROPERTY DEVELOPMENT AGREVIEN1
AGREEMENT FOR FXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMEFIT OF STREETS; VI STALLATION OF SEVERS, STORM
DRAINS AND OTHER PG3LIC tJORKi FACILITIES
This agreement made and entered into this 7th day of March
19 77, by and between the City of Gilroy, a municipal corporation. herein called
the "City" and John M. Filice Trustee & a real property owner.
Michael J. Filice Trustee
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:
Garden Valley Foods Warehouse 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 arid,
t °:HEREAS, 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 concarn-
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
a,:iended to the time of execution of this agreement.
-1-
A
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 $ 7,000 , and shall guarantee the
faithfull 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
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 ail 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 b
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 ;gay
any monies due hereunder when due shall release the City from any and all
M:
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.
SECTI
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" $ 100 % $ -0- $ 100 %
b. Easements 6 Rights
of way "Off Site" $ 100 % $ -0- $ 100 %
c. hater "On Site" $ 1,657.14 $ -0- $ 1,657.14
SEE COST SCHEDULE
d. Mater "Off Site" $ 1,227.32 $ -0- $ 1,227.32
SEE COST SCHEDULE
e.
Sewer
"On
Site"
$
11199.19
$
-0-
$
11199.19
$
Deferred
$
-0-
$
Deferred
f.
Sewer
"Off
Site"
$550 w /bldg. permit
-3-
g. Storm Drainage $ 100
"On Site"
100
h. Storm Drainage
"Off Site" $ 1,058.96 $ -0- $ 1,058.96
SEE COST SCHEDULE
I. Engineering, inspec-
tion, 6 Plan Check,
4% x $ 7,000 $ 280.00 $ -0- S 28, 0.00
J. Street Tree
Planting
With 9uildin
Permit
k. Construction Water,
Dust Control
Earthwork
$10 Min.
I. Street Paving
SEE COST SCHEDULE
m. Street Curb b
Gutter
SEE COST SCHEDULE
n. Sidewalks
o. Street Name Signs
$ Deferred $
$ Deferred
$ 10.00 $ S 10.00
$ 5,282.40 $
$ 971.28 $
-0-
0
$ 5,282.40
S 971.28
$ 100 % $ -0- S 100 %
inn a
S -0- S 100%
P. Fire Hydrants
"On Site" $ 285.42 $ -0- $ 285.42
SEE COST SCHEDULE
-4-
q. Street Lighting
$ 100 % $ -0-
$ 100 %
DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
NET DUE CITY
S 11,961.71
$ -0-
$ 11,961.71
IN U presents to be
ITNESS WHEREOF, said parties have caused these �_
executed the date and year first above written.
ATTEST:
Cl— ty er
FORM PP OVED:
City Attorne
CITY OF GILROY
DEVELOPER
BY
DATE _/t/ (g 77
NOTE: If Developer is a corporation, the complete legal flame and corporate
seal of the corporation and the corporate titles of the persons
signing for the corporation shall appear above.
ADDITIONAL STIPULATIONS AND TERMS
TO THE DEVELOPMENT AGREEMENT
John M. Filice
BETWEEN THE CITY AND Michael J. Filice DATED 2122177
Trustees
1. The owner acknowledges his responsibility to improve Alexander Street
from Tenth Street to Ninth Street and will enter into a deferred
development agreement for said required public improvements. The
owner or developer agrees that all public improvements shall be
constructed as such time as any subsequent development on this parcel
shall occur or within five years of this agreement.
2. The owner acknowledges that the development fees for this project pay
only for a 213 feet x 250 feet or 1.22 acre portion of the parcel.
3. All subsequent development fees for the remainder of the property
shall be paid upon further development or within five years whichever
comes first.
4. Owner shall enter into a deferred agreement for the required improve-
ments on Alexander Street.
5. Owner shall construct curbs, gutters on 10th St. to the N.W.E.R. on
Alexander and 10th St. and install a new catch basin manhole and
storm drain to connect with the newly installed storm system in
Alexander south of 10th St.
6. Construction of field offices, pole buildings and other facilities
related to the parcel's use as a fruit receiving area and inspection
station shall not constitute "development" within the meaning hereof.
, O
S I GNATLIRE
i� Ilan
DATE
CITY OF GILROY
CE`I.C-P`IENT COST SCHEDULE
'Jo.
Date
Initialed
Location of property N.W. Corner of Tenth & Alexander
Assessor's Parcel # 841 -16 -36
Name of Applicant
Address
Type of Deaelcpment Proposed
Area 213 X 250' 53,250 = 1.22 Storm Zone A = $868
Frontage 213' (k (426')
COST SCHEDULE
1. Front Foot Hater Charges
213 LF @ $7.78 /F. F, _
$_1.617-14
2.
Front
Foot Sever Charges
213 LF @ $5.63 /F.F. _
s_�
1,199.19
3.
Front
Foot Storm Charges
NA LF @ F.F. _
$
By Owner
4.
Front
Foot Street Improvements
31 X 213
6603 SF @ .80 / S.F. _
$
5- 9AP`40
5.
Front
Foot curb & gutter charges
213 LF @ $4.56 / _
$
971.28
6.
Area
Uater Charge
1.22 Acres 0 $1006 lAc. =
$
1,227.32
. -•7. - Area Offsite Storrs Drainage Fees
1.22 Acres 0 $868.00 /Acre =
It 1,058.96
8.
Offsite Sanitary Seder Fees
1 r) $550 /
_ $
w /bldg. permit
9.
Recreation Fees
0 / _
$
w /bldg. permit
10.
Engineering Plan Check & Inspection
4% x $7,000
$
280.00
11.
:later Meter Charge
1" Pieter @ $130 MI
$
w /bldg. permit
12.
Electroliers
LF @ _
$
By Owner
13.
Fire Hydrants
213 LF @ 1.34
$
285.42
14.
Construction i -later
AF + 5.65'/Acre
$
15. Street Trees
16.
17.
$ w /bldg. permit
s
$
Total = $ 11 ,961.71
STIPULATIONS I. Owner shall enter into a deferred agreement for the
required improvements on Alexander Street.
2. Owner shall construct curbs, gutters on 10th St. to the
N.W.E.R. on Alexander and 10th St. and install a new catch basin manhole and
storm drain to connect with the newly installed storm system in Alexander south
of 10th st.
Ma