Bell & Griffin Trucking Company•w
PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF MATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC 1,1ORKS FACILITIES
This agreement made and entered into this 7th day of December
19 70 , by and between the City of Gilroy, a muniepal corporation, herein called
the "City" and Bell & Griffin Trucking Co. , a real property owner,
East Ninth Ttreet
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:
Storage Building Addition on Westerly 190' of Assessor's parcel 841 -16-37 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, 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 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 12 A, 19,
20 and 21 thereof pertaining to local improvement procedures in subdivision or
development respectively); Ordinance ,'0. 602 (Subdivision Procedure, etc.), Crdi•-
nonce '.o. 711 (Zoning Ordinance); Ordinance No. Shy (1967 Uniform Building Code);
Rules and °, egulations. included In the above are all of the above referred to
Codes, Ordinances, Resolutions, N- gulations and Substitutions therefor, as amend-
ed to the time of execution of this agreement.
ti
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 ail stipulated easements and rights of way in and to his said
real property necessary for the City in order that its water, electri-
city 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 sub - contractor 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, each of which shall be executed in the
face amount of no less than $ 2,000 , and one of which bonds
shall guarantee that faithful performance of this agreement and the
other said bond shall secure payment to the contractor, his sub-
contractors and to persons renting equipment or furnishing labor or
materials to them for the improvement hereunder, and as provided for
in Section 11612 of the Business and Professions 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 costs 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 pursuant
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 referred
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 obligations
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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 and are subject to final determination upon completion
of the work.
FACILITY DEVELOPMENT COSTS CITY'S COSTS
a. Easements & Rights -of -way
"On Site ", $ 100% $ None
b. Easements 6 Right -of -way
"Off Site ", $ 1000 $ None
c. Street Paving
$
100%
$ None
By Developer
d. Street Curbing;
$
100%
$ None
By Developer
e. Sidewalks;
$
100%
$ NoUe
None required
f. Street Name Signs;
$
100%
$ None
None required
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g. Street Tree Planting r;
Parkway Improvements;
City Code,
h. Street Lighting;
$ 1Q0%
$ 100%
Electroliers shall
become City property
1. Water "On Site" $ 950.00
190 L.F. @ 10" min. 5.00 /FF
j. Water 'Off Site" $ 343.35
_1.09 Acres @ $315 /Acre
k. Sanitary Sewer "On Site ",
$ 570.00
190 LF 10" VCP @ $3.00
I. Sanitary Sewer, 'Off site ", $ 215.25
S_0 25 SF Building Area
m. Storm Drains "On Site ";
n. Storm Drains, 'Off Site ",
1.09 Acres @ $486.00 /Acre
o. Engineering, Inspection E
Plan Check 3% x $ 2,000
$
$ 529.,7,4
$ 60.00
$ 0%
$ 0%
0
$ None-
$ None.
$ None
$ None
$ None
$ None
DUE CITY BY DEVELOPER * $ 2,668 .34
DUE DEVELOPER BY CITY $
Does not include water meter, or building permit fees.
IN WITNESS !THEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
City Clerk
FORM
ED:
CITY OF GILROY
BY
BY
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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November 24, 1970
DEPARTMENT OF PUBLIC WORKS
C�t#y ja f k19itrau
7377 Church Street, P. O. Box 66
GILROY, CALIFORNIA
95020
BELL & GRIFFIN WAREHOUSE
Area = 190' x 250' = 47500 SF = 1.09 Acres
190 Ft. frontage on Ninth Street 250' depth
(1) WATER
Offsite 1.09 acres @ $315 /acre =
Onsite 190 LF @ $5.00 /LF (12" exist., 10" charge) _
(2) SANITARY
Telephone 842 -9322
WILLIAM K. HENRY
DIRECTOR OF PUBLIC WORKS
CITY ENGINEER
$ 343.35
950.00
Offsite
$0.025 /SF of Building area
123'
x 70' = 8,610 x $.025
= $ 215.25
Onsite
190
LF @ $3.00 (10" exist.)
= 570.00
(3) STORM
Offsite
1.09 acres
@ $486 /acre
= $ 529.74
(4) ENGINEERING
FEE
3% x $2000
= $ 60.00
Fees Due this 1.09 acre
$2,668.34
Portion of Property
STIPULATIONS
(1) Owner agrees to construct improvements along his remaining Ninth
Street frontage upon demand from the City. Owner agrees to enter
into an assessment district for said improvements should one be formed.
Improvements shall include but not be limited to street paving, curb
and gutter and street lights.
(2) Upon further development of this property owner agrees to pay the
remaining on and offsite fees now due upon the undeveloped portion
of his property.
A,oc) ACase;�,
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