Fortino, Albert" PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF MATER DISTRIBUTION SYSTL71S:
IMPROVEMENT OF STREETS; I745TALLATION OF SEVERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 6 day of June
1977, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Albert Fortino , a real property owner,
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:
Assessor's Parcel's 790- 26 -01, 790 -26 -04 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 concarn-
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. 1768 (1973 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.
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SECTION 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, 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 ail 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 $ 12,000 , 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 a)) 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 i 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 b
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,-negl.ector refusal of the Developer to so perform, or to pay
any monies due hereunder when due shall release the City from any and all
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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
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 DEVELOPMENT COSTS
a. Easements S Rights
of way "On Site" $ 100°/
b. Easements & Rights
of way "Off Site" $ 100%
c. Water "On Site" $ 1,610.00
See CaIc.
Sheet
d. plater "Off Site" $ 1,582.44
See Calc.
Sheet
e. Sewer "On Site"
See CaIc.
Sheet
f. Sewer "Off Site"
CITY'S COSTS
$ -0-
BALANCE
$ 100%
$ -0- $ 100%
$ -0- $ 1,610.00
$ -0- $1,582.44
$� 1,272.50 $ -0- $ 1,272,50
$ deferred $ -0-
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$. deferred
g. Storm Drainage
"On Site"
$1,475.00
See Calc. Sheet
h. Storm Drainage
"Off Site" $ 981.55 $ -0- $ 981.55
See Calc
Sheet
1. Engineering, inspec-
tion, & Plan Check,
4% x $ 12,000 $ 480.00 $ -0- $ 480.00
J. Street Tree
Planting $ Deferred $ -0- $ deferred
With Building
Permit
k. Construction Water,
Dust Control
Earthwork $ 46.39
SPp Cnir Sheet
1. Street Paving
See Calc. Sheet
m. Street Curb
Gutter
n. Sidewalks
$ -0- $ 46.39
$ 1760.00 $ -0- $ 1760.00
$ 100% $ -0- $ 100° /n
$ 100% $ -0- $ 100%
o. Street Name Signs $ 1ON $ -0- $ 100°/
p. Fire Hydrants
"On Site"
See Calc. Sheet
$ 335.00 $ -0- $ 335.00
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F �•
q. Street Lighting $ 400.00 $ -0- $ 400.00
See Calc. Sheet
DUE CITY BY DEVELOPER $ 9,942.88
DUE DEVELOPER BY CITY S -0-
NET DUE CITY $ 9,942.88
10 WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
r.
City Clerk
FO PPROVED:
City Attor y
CITY OF GILROY
DEVELOPER
BY
BY
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.
ADDITI04AL STIPULATIONS AMD TERMS
TO THE Development AGREEi?ENT
RETHEEN THE CITY AND Al Fortino DATEDjune 6. 1177
30 Unit Apt. Complex on
Wren Avenue
1. The developer shall dedicate and improve a 53 foot wide strip along his property
frontage to city specifications. The developer shall submit an improvement plan
for street improvements which includes a curb transition from the existing
improvements, street paving, sidewalks, water services, sewer laterals, and utility
pole relocations.
2. Because this area is served by existing overhead street side utilities which
may not be undergrounded. The new light needed has been installed on the existing
wood pole. The developer shall pay $400.00 each per city policy. Should an
assessment district for undergrounding these utilities ever be formed, the owner
will be credited for the $400.00 being charged at this time.
3. The owner shall preserve all established Oak Trees on the property. No new
trees will be planted within the 10' wide utility easement on the southerly
property line next to the armory.
4. The existing 10 foot wide easement shall be respected. No buildings will
be allowed within the sewer easement.
SIGNATURE
CITY OF GILROY
CE';` LOPr 1E1NT COST SCHEDULE
No.
Date May 18, 1977
Initialed
Location of property Wren Ave. 8500 and 8530
Assessor's Parcel # 790 -26 -01 790 -26 -04
Nacre of Applicant — A ,Fortino
Address
Type of Deveicpment Proposed R -3
Area 274x125 x 2 = 1.573 AC Storm Zone
Frontage 250 L.F.
COST SCHEDULE
1. Front Foct !later Charges
25_0 L.F @ 6.44 F. F. =
$
1,610.00
2.
Front Foot Salver Charges
250 LF @ 5.og /F.F. =__
1,272.50
3.
Front 1 oat Stc-, m Uoarges
250 LF @ 5.90 /F.r. =
$
1,475.00
4.
Front Foot Street Improvements
11x250 =2750 SF 0 .64 / S.F. =
g
1,760.00
5.
Front Foot curb & gutter charges
LF @ / _
$
By owner
6.
Area plater Charge
I.573 Acres @$1006. Ac. _
$
1582.44
7. Area Offsite Storm Drainage Fees
1.573 Acres @ $624 /Acre = $981 .55
8. Offsite Sanitary Sewer Fees
30 units @ $3$0 / unit ° $ w /b_ 1 de_}Lrmi t
9. Recreation Fees
@ / _ $ w /bldg. permit
10. Engineering Plan Check & Inspection
4% x 12,000 = $ 480.00
11. 1.4a l"er Meter Charge
Meter 0 _ $ w /bldg, permit
12. Electroliers
1 ea, LF @ $400 = $ 400.00
13. Fire Hydrants
250 LF @ 1.34 = S 335.00
14. Construction plater
,,15 /LF +5.65 -/Acre = $37.50 = 8.89 $ 46.39
15. Street Trees
@ _ $ w /bldg. permit
16. _
17. _
Total =
CTTnIff Wr MAIC
$
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