Mello, Danw'
PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 27th day of October
19 80 , by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Dan Mello , a real property owner
developer or subdivider, herein called the "Developer."
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 #799 -11 -025 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, Resulutions and Regulations,
it is agreed by and between the parties as follows:
cGrT 1 nti 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 12A, 19, 20, 21
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
to Codes, Ordinances, Resollutions, Regulations and.Substitutions thereof, as
amended to the time of execution of this agreement.
SECT I ON 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, Ordin-
ances 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 Indemn.ify 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 $ 2500 , 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, 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
-2-
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.
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 land are subject to final determination upon comple-
tion of the work.
FACILITY DEVELOPMENT COST
a) Engineering Map Checks $ N.A.
Subdivisions $167.00 + $2.50 (n)
Parcel Maps $ 70.00 + $2.50 (n)
n= Number of lots
b) Engineering Plan Check
and Inspection $ 100
4% x $ 2500
c) Miscellaneous.EngLneer.
Service
No.of hours x $25.00
2 hrs x $25.00
d) Public Works Microfilming
$5 /Sheet (Maps and Plans)_
e) Fire Hydrant Location Fee
$25.00 for the first hydrants
+ 2.50 for each additional
f) Area Water Charge
Acres @ $ /Acre
Acres @ $ /Acre
-3-
50
$ N ZA.
$ N.A
$ N.A
g) Construction Water $ N.A.
LF @ $0.30 /LF + Acres @ $11.30 /Acre
h) Off -Site Storm Drainage
Acres @ /Acre
Acres @ /Acre
i) Front Foot Water Fee
LF @ AF
j) Front Foot Sewer Fee
LF @ AF
Q Front Foot Storm Drain Fee
LF @ AF
1) Street Paving
SF @ /SF
m) Curb and Gutter
LF @ AF
n) Galvanized Pole Electroliers
LF @ $ AF
o) Electrolier Conduit
LF @ $ AF
-4-
$ Original Quad.
$ N.A.
$ N.A.
$ N.A.
$ N_A_
$ N.A.
$ N.A.
$ N.A.
LF @ $ /LF
q) Utility Pole Mounted Electrolier
LF @ $ AF
r) Easements and Rights of Way
"On Site"
s) Easments and Rights of Way
"Off Site"
t) Other
N.A.
$ N.A.
$ 100%
$ 100%
S
DUE CITY BY DEVELOPER $ 150
DUE DEVELOPER BY CITY $
NET DUE CITY $
C1.1 #7 0 (03
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
;ATTES
i
City Clerk
NOTE:
CITY OF GILROY
VELOPER 11
BY
BY
DATE
If Developer is a corporation, the complete legal name and corporate seal
of the corporation and the corporate titles of the persons
-5-
CITY OF GILROY
DLVELOPMLNT COSV SCHEDULE
No.
Date
Initialed
Location of property North West corner of 10th and Eigleberry Street
Assessor's Parcel # 799 -11 -025
10 -27 -80
S.D.L.
1
Nance of Applicant Dan Mello
Address
Type of Development Proposed R -3
Area Original Quad.
Storm Drain
Street Frontage
Engineering Map Checks
01- 100 -1100- 6004 -11
$
N. A.
Subdivisions + (n)
Parcel Map t (N)
N _ NUmber of Lots
Engineer Plan Check and Inspection
01- 100 -1100- 6004 -12
$
100
4`i x $_ Z:500
_
X - Cost of public improvements
Miscellaneous Engineer- Service
01- 100 -1100- 6004 -13
$
50
No ut hours x($25,00)
2 hrs.
Public Works Microfilmirny
01- 100 - 1100 - 6004-14
$
N/A
$5 /Sheet (maps and plans)
Emergency Services
01 -100 -1100- 6004 -15
$
N/A
No. of hours x ( )
Fire Hydrant Location Fee
01- 100 -1100- 6002 -01
$
N.A
for the first 5 hydrants
+
for each additional hydrant
Area Water Charge
03- 300 -1300- 7203 -00
$
N.A.
Acres P
/Acre
Construction Wa ter
LF 1� $0.30 /LF
07 -720- 1900 - 8001 -00
Acres L,u)$11.30 /Acre
$ N.A.
- `
�. .
^ Dcv/|`.|,x^,`/ Co`/ SJ."Jo|c
Of | �)i/^' "u,n./ U' uio
-2-
02-2/0-1 ]0U-7202-80
Disi/ici ''8'' $868/A(,
02--220- 1 -110 0 - 12 0 2- 0 1
DisLricc ''A-)'' $3000/Ac
82'22 1 -1300-y202-00
District ''H" 62It/AC
82-222-1300-7282-88
District /'['' 759/Ac
82-22]-|}00-y282-88
Discricc oD'' 720/X,-
02-22//-1308-1202-80
DiscriC L ''E'' }47/8.-
02-2 2 >-1300-/202-00
UisLrict /'P 868/Ac
Acres @
/Ac re
_
Front Foot Chat-yes
WaLu/
02-230-1300-7204-8U
LF @$
/LF
Scwer
'
02-230-1300-7205-00
LF
/LF
Storm Drain
02-230-1300-7207-00
LF P $
/LF
Street Improvements
02-230-1300-7206-08
Pav�/wont
SF Cw
SF $______
Curb & Gutter
LF @$
/LF ~ $
5iJcwalk
SF $
______
/SF ~ $______
Ca).Po|e
L|ecc.^`|ie/
LF
/LF ~ $_______
E|ec/ro|ier
["/'J"it
LF $
/LF ~ $
Fire ||yJ''anL
------------
LF @ �
______
/LF
------
Wood Po|c Mounted E|ec/ro\icr
0l-l08-|lOU-6U84-20
LF p 5
/LF
Pub |ic Workt, Cash Bonds and D,po^iLs 08-800-1180-6004-82
OLhcr
TOTAL
$
$ N,A,
$ N,A.
�
r
STIPULATIONS
DAN MELLO 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) Replace any broken, cracked or uplifted sections of sidewalk, curb and
gutter.
3) Install curb, gutter, sidewalk and paving to City standards along the
Eigleberry Street frontage. Add sidewalk around the utility Pole on
10th Street to allow a minimum 4 1 /21clearance.
4) Install a handicap ramp to City standards at the corner of Eigleberry
and 10th Streets.
5) Replace the Sewer main at the west property line as per City Standards.
Accepted by