Franchise Realty Interstate CorporationPROPERTY DEVELOP14ENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF ,DATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STORM
DRAINS AAD OTHER PUBLIC UORKS FACILITIES
This agreement made and entered into this /& day of -TV(.,(/
19A 5, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Franchise Realty Interstate Corp. a lessee, �S
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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:
McDonalds Restaurant N.E. Corner of First Street and Wren Avenue and,
tJHEREAS, 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.
CdOE:J THEREFORE, in consiieration 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 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
and Res. 1474, thereof pertaining to local improvement procedures in subdivision
or development respectively); Ordinance 11o. 602 (Subdivision Procedure, etc.)Ordi-
nance tio. 711 (Zoning Ord.); Ordinance No. 665 0907 Uniform Building Code); Rules
and Regulations. Included in the above are all of the above referred to Codes,
Ordinances, Resolutions, Regulations and Substitutions therefor, 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 performed
by the Developer in each and every one of said Codes, Ordinances and
other Regulations.
(See page 6) %" 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 improve-
ments as set out herein, according to the standards heretofore estab-
lished, 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 $ 12,non , 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 subcontractors 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 there-
of 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 pursuant
10 v*rs
to the terms of this agreement are to be completed within "o om 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 here-
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under when due shall release the City from any and all 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 and are subject to final determination upon completion of the
work.
1 . FACILITY
a. Easements 6 Rights -of -way
"On Site ",
See Stipulation No. 1
DEVELOPMENT COSTS
$ 100%
b. Easements & Rights -of -way
"Off Site ", $ 100%
c. Street Paving $ 2,997.00
See Stipulation No. 1 & 2
and Calculation Sheet
d. Street Curbing; see City
Code Sec.26 -12, Table 11 $ 100%
CITY'S COSTS
$ None
$ None
$ None
$ None
e. Sidewalks; see City Code,
Sec. 26 -12, Table 11 $ 100% $ None
f. Street Name Signs; see City
Code, Sec. 26 -12, Table II $ 100% $ NonP
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r '
g. Street Tree Planting S
Parkway Improvements;
City Code,
$ 100% $ None
h. Street Lighting;
$ 100% $ None
Electroliers shall become
City property
i. Water "On Site" $ 1,825.00 $ None
See Calculations sheet
j. "later "Off Site" $ 263.52 $ None
0.732 Acres @ $360.00 /acre
k. Sanitary Sewer "On Site"
$ $ None
See Stipulation No. 3 _
1. Sanitary Sewer, "Off Site' $ 160.00 $ None
m. Storm Drains 'On Site"
$ $ None
See Stipulation No. 3
n. Storm Drains, `Off Site"
0.732 Acres @ $485.00 /acre
$ 356.48 $ None
o. Engineering, Inspection
Plan Check 3.5% x $17000
$ 595.00
� T SAL
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roe
DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
* $ 6,197.00
Does not include building permit fee or water meter
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
CItV Cierk
a�
CITY OF GILROY
LOPER
FRANCHISE REALTY INTERSTATE
CORPORATION
By "
L gi Salvaneschi, V' e Presi ent
BY
Seymcy Greenman, Asst. Secretary
DOTE: 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 ed as to
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MC DONALD'S RESTAURANT
N. E. Corner of Wren and First Street
STIPULATIONS
G
-� 1) Owner shall dedicate to the City the widening required on
Wren Avenue (18 feet) and on First Street (13') including
.a 40 foot property line radius.
2) Developer shall be responsible for 24' of paving on Wren Avenue
and 15' of paving on First Street. City will pay for the asphalt
overlay on existing Wren Avenue, approximately 30 feet.
3) In the event that the westside of Wren Avenue develops first and
the Wren Avenue storm drain and sanitary sewer have been constructed,
developer shall pay one -half the construction cost of both mains
plus any laterals which serve him.
The construction cost shall be the actual approved unit cost of the
line (including manholes). Said cost shall be reimbursed to the de-
veloper on the west side constructing the line.
If these mains have not been constructed developer shall construct
said mains. City shall callect one -half of the actual construction
cost from the property on the west side of Wren Avenue when it
develops and shall make reimbursement to.the developer.
*.* As owner of the subject property, I agree to fulfill Section 2,
paragraph b, (page 2) and Stipulation 1 (above).
J _
Signed (,z
Accepted���i
City of Gil
Awx9Yed as to Form
City AttornCY
MCDONALDS RESTAURANT
N.E. CORNER FIRST STREET AND WREN AVENUE r
CALCULATION SHEET
EXISTING UTILITIES
1) WATER
Wren Avenue (12'. ma in)
150 L.F. @ $5.00 /F.F. -. $ 750.00
First Street (16" main)
215 L.F. @ $5.00 1F.F. '° 1,1075.00
$1,825.00
2) STREET
First Street (351-17' 18')
215 L.F. x 18' x 0.60 /S.F. 2,322.00
Wren Avenue (35' -26' = 9')
150 L.F. x 9' x 0.50 /S.F. - 675.00
$2,997.00
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