Appling, Vernon and Jamesf—r-m
PROPERTY-DEVELOP-LENT AsRrFr1ENT
AGREEr1EPtT FOR FY,TF1ISI01r1S OF DATER DISTRI131JTIn'I SYSTE',S:
IMPROVEPIFAIT OF STREET'; I•ISTALLATI(`'1 OF SF!'ERS, STORM
DRAINS AND OTIIFR PURLIC WORKS FACILITIES
this d9 reement made and enter ^d into this 5th day of July
19 7. by and between the City of Gilroy, a municipal corporation, herein called
the City" and VERNON AND JAMES APPLING
a real property owner,
developer or subdivider, herein called the "Developer."
WITNESSETH:
"HEREAS, 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:
BEST 6 MOTEL
and,
WHEREAS, the feveloper requires certain utilities and public works facili-
ties in order to service the property under the minimum standards established by
the City and,
i'HERE.AS, 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.
NbU 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:
SECTIOv 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 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. 17613 (1473 Uniform Building
Cycle); Rules and Regulations. Included in the above are all of the above referred
to Codes, Ordinances, Resolutions. Regulations and Substitutions thereof, as
ann,2,ided to the time of execution of this agreement.
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SECT 10'a ?
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 $ 14,000 and shall gu
faithful) performance of this agreement; one shall be arantee
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
Mat 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.
SECTIoo 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.
SECTIO;! 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 Vie Developer to so perform, or to .,.?ay
monies due hereunder when due shall release the City from any and all
_z_
0
oblig'Itiuns hereunder and the City, .-.it its election, may enforce the perfor-
olance of any provision h,!rch., or any rijht accruing to the City or may pur-
sue any remedy whatsoever it oay 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.
SFCT10.1J j
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
a. Easements 6 Rights
of way "On Site"
UFl/ELONIE'1T COSTS
$ 1000
b. Easements & Rights
Of Way "Off Site" $ 1000
C. !water 'On Site-' $ 1515.16
SEE COST SCHEDULE
J. 'later -Off Site $ 841.02
SEE COST SCHEDULE
e. Sewer "On Site` $ 1,096.44
SEE COST SCHEDULE
f. i,;� e r "Off f S i t e"
SEE COST SCHEDULE
$ DEFERRED
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CITY'S COSTS
$ -0-
$ -0-
BALANCE
$ 100%
$ 100%
$ -0- C 1515.16
$ -0- $ 841.02
$ -0- $ 1,096.44
$ -0- $ DEFERRED
'Storm Drainage
''On Site"
$ 100% S. - o- $ 111()-0 --
h. Storm Drainage
"Off Site" $ 634.S2 $ -n- $ 634.52
SEE COST SCHEDULE
1. Engineering, Inspec-
tion, b Plan Check,
4% x $ 14,000 $
J. Street Tree
Planting
560.00
1 .1 11
$ Deferred $ -0- $ Deferred
With Building
Permit
k. Construt *.ion plater,
Dust Control E
Earthwork $ 50.00
$ -0- $ 50.00
1. Street Paving $ 2,021.76 $ -0- $_2_,021.76 _
n. Street Curb E _
Gutter $ 100% $ -0- $ 1000
100%
c.. StreeL A-!;ne Signs $ inns $ -0- _ $ 100%
i' Fire Hydrants 100% -0- $ 100%
"On Site" $ $
_,,.-
q. Street lighting $_ 1000
W
1000
DUE C.fY BY DEVELOPER s 7836.77
DUE DEVELOPER BY CITY $ 0-
NET DUE CITY $ 7836,77 LA
Ifl 111TOESS t1FIEREOF, said parties have caused these presents to be
92
executed the date and year first above written.
ATTEST:
FOR PPROVED:
City Attor y
CITY OF GILROY
DEVELOPER
DATE
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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ADDITIONAL STIPULATIONS ANN TERMS
TO THE Best 6 Motel AG, EEIIELNT
RETHEE'J THE CITY AND Best 6 Motel nATFD
June 28, 1978
1, Owner agrees to install all public improvements along the property
frontages to City specifications, An engineered improvement plan
for the two frontages shall be submitted for approval. Improvements
shall include street paving, curb and gutter, sidewalk, electroliers,
water mains, sewer mains, storm mains, and their related components.
GNATURE �
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
M
Date 6/16/78
Initialed
Location of property 1/ LEAVESLEY AND SAN YSIDRO
Assessor's Parcel # 835 -4 -16
Name of Applicant VERNON AND JIM APPLING
Address
Type of-Development Proposed COMMERCIAL
Area 36,416.25 sq. ft. 0.836 AC Storm 7M,p C @ 759 /AC
Frontage 59.75' on Leavesley Road
135 LP on .
COST SCHEDULE
1. Front Foot Mater Charges
135
LF @ 7.78
1,050.30
59.75
LF @ 7.78 /F.F. =
$
464.86
2.
Front Foot
Sevier Charges
135
LF @ 5.63
760.05
59.75 LF 0 5.63 /F.F. =
$
336,39
3.
Front Foot
Storm Charges
LF @
$
By Developer
4.--Front
Foot
r
Street Improvements `.
135 LF X 15 =2025 .64 /SF
1,295.36
59.7S -X 19
=1135 SF 0 .64 / S.F. _
$
726.40
5.
Front Foot
curb & gutter charges
LF @ f _
.$ By Developer
6.
Area plater
Charge
•8J6
Acres @ 1006/Ac. _
$
841.02
s
7. Area Offsite Storrs Drainage Fees
.836 /Acres 0 $759 lAcre =
3. Offsite Sanitary Set,•4er Fees
$550 +$230 x 45 = 10,900 /
9. Recreation Fees
0
10. Engineering Plan Check & Inspection
4. x 14,000 =
11. Eater Pieter Charge
Pieter 0 _
12. EIectro1iers
194.75 LF @ 4.40 =
13. Fire Hydrants
194.75 LF @ 1.34
14. Construction Water
/LF + /Acre =
15. Street Trees
16. _
17. _
634.52
$ with building permit
with building permit
$ 560.00
$ with building permit
$ 856.90
260.97
$ 50.00
$ with building permit
4
Total = $ 7,836.77
STIPULATIONS
1. City shall furnish water meter only at scheduled price. Owner
shall install service.
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