Lazzarini, EdA It
rafazet�i�;;r,
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PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DLSTRtuTLON SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, S.roRM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 83 -35
This agreement made and entered into this 24th clay of October
by and between the City of Gilroy, a municipal corporation, herein called the
"City" and ED LAZZARI14I
developer or subdivider, herein called the "Developer ".
, a real property owner
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:
Assessor's Parcel No. 810 -29 -013 and 01.4
and,
WHEREAS, the Developer requires certain utilities and public works facilities 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 ttie subject matter of this agreement and
WHEREAS, the City, by and through its City Council, hat, enacted certain Codes,
Ordinances and Resolutions and certain Rules and Regulations have tx!en 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.- ReRolrrrtton, _t!)4+ R.��,,,.i,:,, +�,.,� {, 4,
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 concerning 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 Res, BO -58 and 76 -47,
thereof pertaining to local improvement procedures in subdivision or development
respectfully): Ordinance No. 711 ("Zoning Ord.): Resolution 81 -17 (1979 Uniform
Building Code): Rules and Regulations. Included in the above are all of the above
referred to Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, 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, electricty, 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
improvements as set out herein, according to the �.tandards
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 $ 34,110.00 , and
the other shall be executed in all 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 improvement 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.
The faithful performance bond heretnabove provided for, shall by the
terms remain in full force and effect for a period of one (1) year after
the completion and acceptance of said work, to guarantee the repair and
replacement of defective material and faulty workmanship.
In lieu of said faithful performance bond for maintenance, the
Developer may furnish a maintenance bond in the amount of 10% of the
total contract price (with a minimum amount of one thousand dollars,
$1,000.00) to cover the one (1) year maintenance period.
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 tie Developer to the City are due
and payable to the City upon the execution of this agreement.
SFCTTnN L
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 trom and after the
date and year first above written.
SECTION 5
That the special provisions cuncerning the particular real estate referred to
above, being attached hereto, are hereby incorporated herein and expressly made a
part of this agreement.
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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 Elie 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 hereunder 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
Elie City or may pursue any remedy whatsoever it may have under Elie laws of Elie State of
California or. the Codes, Ordinances, Resolutions 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 respec-
Live 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.
FACILITY
Engineering Mae Checks
a) Subdivisons $ + $
Parcel Maps $ t $
n- Number of lots
b) Engineering Plan Check
and inseection
5% x $ 34,110.00
C) Miscellaneous Engineer
Service
No. of hours x $ 31.00
2 hours
d) Public Works Microfilming
$5 /Sheet (Maps and Plans)
e) Fire Hydrant Location Fee
$ for first five hydrants
+ for each additional
(n)
(n)
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DEVELOPMENT COS'r
$ Paid
$ 1,706.00
$ 62.00
W
I
x.00
n/a
f) Area Water Charge
0.459 Acres @ $ 1918.00 /Acre = $880.00
0.425 Acres @ $ 480.00 /Acre = $204.00
g) Construction Water
432.3 LF @ $0.40 /LF + 0.884 Acres @ $14.89 /Acre
h) Off —Site Storm Drainage
0.459 Acres @ $1209.00 /Acre = $555.00
0.425 Acres @ $ 302.00 /Acre = $128.00
i) Front Foot Water Fee
LF @ $ LF
J) Front Foot Sewer Fee
LF @ $ LF
k) Front Foot Storm Drain Fee
LF @ $ LF
1) Street iwvrovemQnrs
Includes pavement, curb b gutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for breakdown.)
M) Utility Pule Mounted Flectrolier
LF @ $ /LF
$ 1,084.00
$ 186.00
$ 683.00
$ By Developer
$ By Developer
$ By Developer
$ 497.00
$ 309.00
n) Other
o) Other
$ n/a
$ nfa
DUE CITY BY DEVELOPER $
DUE DEVELOPER BY CITY $
4,532.00
Q1m
NET DUE CITY $ 4,532.00
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTES'
City Clerk
Or—
BY
�Ij�l;'APP[tOVED,r �� j BY
City Att
CITY OF GILROY
C min strator
DATE lO - Z.:;,— a3
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.
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STIPULATIONS
ED LAZZARINI AGREEMENT
1. Locate and properly dispose of any wells, septic tanks and underground
fuel facilities.
NOTE: The capping of any well will require inspection by the Santa Clara
Valley Water District.
2. Schedule the construction of improvements along existing public roads so
that the work affecting vehicular traffic is completed with a minimum
interruption to traffic.
3. All work within the public right -of -way shall be subject to the approval
of the City Engineer.
4. All fees shall be paid at the rates in effect at that time.
5. 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 wherein this construction is to take
place.
6. Developer agrees to improve to City Standards Dawn Way as shown on
approved plan.
Accept
Title:
Date : l�) f � /
x '
U Y,
CITY OF CILROY
DEVELOPMENT COST SCHEDULE
Ja ��•�����'; No. 83 -35
t�
�rfad ;,1 All Date 10 -5 -83 _ --
Initialed SD -L
Location of Property South side of Dawn Way approximately 894 feet
west of Mesa Road.
Assessor's Parcel # 810 -29 -013 and 014
Names of Applicant ED LAZZARINI
Address P.O. Box 98, Morgan Hill, CA 95037
Type of Development Proposed Road Improvements
Area 0.884 acres Storiu Drain Area "F"
Street Frontage n /a
Engineering Map Check
01 -100- 1100 - 6004 -11
$
Paid
Subdivisions $ +$
(n)
Parcel Splits $ t$
(n)
no number of lots
Engineering Plan Check and Inspection
01- 100 -1100- 6004 -12
$
1,7 06.00
5% of the Cost of Public Improvements
5% x $ 34 ,110.00
Mis(.ellaneous Engineering Service
01 100 -1100- 6004 -13
$
62.00
2 hours x ( $31.00)
Public Works Microfilming
01- 100 - 1100 - 6004 -14
$
5.0 0
$5.00 per sheet (maps and plans)
x 1 sheet
Fire Hydrant Location Fee
07- 720 - 1900 - 8001 -00
$
n / a
$ for the first 5 hydrants
+$ for each additional hydrants
Area Water Charge
03 -300- 1300 - 7203 -00
$__
1 , 084. 00
0.459 Acres @$ 1918.00 /acre
= $880.00
0.425 Acres @$ 480.00 /acre
= $204.00
Construction Water
07- 720 - 1900 - 8001 -00
$
186.00
432.3 LF @$ 0.40 /LF+ 0.884 Acres @ $ 14.89
/acre
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Off -Site Storm Drain Fee
Area
A'
$
/Acre
02- 220 -1300- 7202 -00
$
Area
"A -1"$
/Acre
02- 220 -1300- 7202 -01
$
Area
"8"
$
/Acre
02- 221 - 1300 - 7202 -00
$
Area
"C"
$
/Acre
02- 222 - 1300 - 7202 -00
$
Area
"D"
$
/Acre
02- 223 -1300- 7202 -00
$
Area
"E"
$
/Acre
02- 224- 1300 - 7202 -00
$
Area
"F"
$
1,209.00 /Acre
02- 225 - 300- 7202 -00
$ 683.00
Area
"Q"
$
/Acre
02 -226- 1300 - 7202 -00
$
0.459 Acres @$_,L20q.00 /Acre = $555.00
--0.. Acres @$ 3Q2.00 /Acre = $128.00
Front Foot Charges
Water
LF @$ /LF
Sewer
02- 230 - 1300 - 7204 -00 $ By Developer
02- 230 -1300- 7205 -00 $
i
LF @$ /LF
Storm Drain 02- 230 - 1300 - 7207 -00 $ "
LF @$
/LF
08- 800 -1100- 6004 -02
Street Improvements
QZ49x '-/0,b'0Y`LtlYA0V
$ 497.00
Pavement
SF
@$
/SF -$
By Developer
Curb b Gutter
LF
@$
/LF -$
By Developer
Sidewalk
SF
@$
/SF -$
n /a
Gal. Pole
Electrolier
LF
@$
l -$
n /a
Electrolier
Conduit
LF
@$
/LF -$
n/a
Fire llydrant 2:.6.15 LF
@$ 2.30
/LF -$
497.00
Wood Pole Mounted
Electrolier
01- 100 - 1100 - 6004 -00
$ 309.00
216.15
LF
@$ 1. 43
/LF
Public Work@ Caah Honda
and
Depoaita
08 -800 -1100- 6004 -02
$
Other
$
Other
$
fq
TOTAL
$ 4,532.00
NOTE: All deferred fees are payable at the rate in effect at time of payment.
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