Wells, Gene (Gilroy Dispatch)PROPERTY DEVELOP "1ENT AGREEMENT
AGREEMENT FOR FXTEF1S!0NS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREFTS; I'I'AT.11LATION OF SEDERS, STORM
DRAINS AND 0411ER PL;3LIC 1101611'1 FNCILIT&'ES
This agreement made and entered into this 7th day of _ Jules ''pp
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1980, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Gene W e l l s ( G i l r o y D i s p a t c h ) , a real proper ,QMNlr'„
developer or subdivider, herein called the "Developer."
WITNESS'ETH:
t:+HEREAS, a final map of subdivision, record of survey or building pormit
(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 Vs 841 -14 -061 and 062 And
WHEREAS, the Developer requires certain utilities and public works facili-
ties in ord-�r 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 aced public service facilities after acceptance by
City, and for providing the necessary connecting system, general plant and
appurtenances, and the City is agrebing 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 1
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 lncoroorated
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 (4ncluding 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 Plo. 71' (Zoning Ord.); Ordinance No. 1768 (1973 Uniform Building
Code); Rules and Regulations. Included in the above are all of the above referred
W Codes. Ordinances, Resolutions, Regulations and Substitutions thereof, as
a-i►ended to the time of execution of this agreement,
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k
SECTION
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, Ordl-
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 thaX'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 facia
amount of no less than $ 2500 Wes. and shall guarantee the
falthfull performance of this aggreement; one shall be executed In an
amount no lees than 50% of the above mantic.ned 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
Govern►mk:nt Code of the State of Callfornla, 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
1 thereof to be due under the tam and provlsia,s 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-
scant to the-terms of this agreement are to be completed within one :year from
and after the date and year first above written.
SECT I Old 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.
SECT I Old 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, neylt•c;t or refusal of the Developer to ,6 hcrform, or to ;gay
any ux,n i es due. hereunder when clue shall release the City t rom any and a 1 1
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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.
SECT. 7
That the following are the estimated amounts of costs to be barns by the
respective parties hereto, and it is further understood and agreed that ssld .!
amounts are estimated only and are subject ot.finai determination upon COM10
tlon of the work.
FACILITY ILITY DEVELOPMUIT COSTS CITY'S COSTS BALANCE
a. Easements 6 Rights
of way "On Site" $ 100% -0- s 100%
b. Easements 6 Rights
of way "Off Site" s 100% s -0- 100%
c. Water "On Site" s 3112 --0- S 3112
400 LF @ $7.78/LF
d. Water "Off Site"
2.481 Acres @$1006
acre
e. Sewer "On Site"
400LF @ $5.09 /1-F
f. Sewer "Off Site"
With Building
Permit
$ 2496
$ -0-
S
2496
s 2036
s -0-
$
2036.
& n - F - - - A
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$ -0- $ Deferred
g. Storm Drainage
On Site'
11-.-,
1
J. Street Trea
Planting $ Ue erred s
With Bulldln2
Permit
k. Construction Water,
Dust Control 6 f
Earthwork S 74
400 LF($0.15 /LF) + 2.481 acres ($5.65/acre)
1. Street Paving S 10240 j 0-
12,800 SF @ $080 /SF
m. Street Curb 6
Gutter $ 100% -0-
n. Sidewalks
o. Street Name Signs
p. Fire Hydrants
"On Slte"
400 LF ($2.68/LF)
$ N/A
S
$ 100% S -0- $-1, n.'°;..._
S 1 072 $ -0- $ l n77
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q. Street Lighting $T inn s
DUE CITY By DEVELOPER
$--.2 1 1) Q i
DUE DEVELOPER BY CITY _p_
NET DUE CITY
$ 21281
IN FITNESS WHEREOF, said parties have caused these presents to by
executed the date and year first above written.
CITY OF GILROY
ATTEST:
Rnucn.
DEVELOPER
BY
Fax
�tyttor y DATE �f
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.
R
G
CITY OF GILROY
ULVLLOPMfNT COST SCHLOULL
No.
Date 7-1-80
'Initialed S.L.
Location of property East side of Montere H i ghway
700 Feet +
Assessor's Parcel a 841 -14 -061, 062
Nance of App Iscant Gene Wells
Address Gilroy Dispatch, 7466 Monterey Hi hway, Gilroy
Type of Deve l opmeo t Proposed I n d u s t r i a l
Area 2.481 Acres I $tArm Drain "A" = $868 /Acre
Frontage
COST SCHEDULE
1.
Front
Foot Water Charges
400 LF l s2 78 /F.F.
S
2.
Front
Foot Sewer Charges
UQ LF 1� s 5 Og W. F. *
$2L13�
3.
Front
Foot Storm Charges
LF Li /F.F.
S -n-
4.
Front
Fout Street Improvements
12.800 SF e $0.80 /S.F. -
S
5.
Frunt
Foot Curb 6 Gutter Charges
LF LJ /
1Q0
6.
Area
Water Charge
1 o o f; __.__, /AG . +
S
Area Offs ite Storm Drainage Fees
2.481 Acres $868 / Acre »
8. Off•site Sanitary Sewer Fees
/ a
9. Recreation Fees
10, Engineering Plan Check 6 Inspectlon
4% x $2450
11. Water Meter Charge
Meter (�
12. Electr4liers
LF e
13. Fire Hydrants
400 LF $2.68
14. Construction Water
$5.65
(400LF)$0. 1A.F +(2.481 /Ac /AcrC.
15. Streets Trees
w
w
$_ 2153
$ W /Bldg Permit
$ N/A
$ 98
$ W /Bldg Permit
$ 100%
1072
$ 74 -
$ W /R1r P -rmit
16. $
17° ° $
Total
STIPULATIONS
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STIPULATIONS
Gene Wells (Gilroy Dispatch) Agreement
1) Install curb, gutter and additional paving along the Pro-
perty frontage (Monterey Highway) to City Standards.
2) Electroliers will have to be installed at location accepted
by the City Engineer at no cost to the City.
3) Locate and properly dispose of all wells, septic tanks and
fuel storage facilities.
4) 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.
� Accepted by 45Z:"W":�