Gilroy Medical Centerk 10KOPERTY DEVELOPMENT AGREEME*N1
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AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION
SYSTEMS: IMPROVE14MIT OF STREETS: INSTALLATION
OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS
FACILITIES
This agreement made and entered into this 1st day of
February , 19 68 , by and between the City of Gilroy, a municipal
corporation, herein called the "City" and Gilroy Medical Center, a
Rartnership , 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: --Gilrov Medical Center; Southwest corner of Sixth Street
and Princevalle Street.
and,
WIHEREAS, the Developer requires certain utilities and public
works facilities 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 and,
WHEREAS, the City has certain responsibilities for maintenance
and operation of such utilities and public service facilities and
after acceptance by City, and for providinm 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, Resolut-
ions 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 concerning the subject matter of this agreement are here-
by referred to and incorporated herein to the same effect as if they
were set out at length herein. Said Codes, Ordinances and Regu-
lations include, but are not limited to, the following: The Code
of the City of Gilroy (including but not limited to Chapters 12 As
19, 20 and 21 thereof pertaining to local improvement procedures in
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subdivision or development respectively); Ordinance No, 602 (Sub-
division Procedure, etc.); Ordinance No. 711 (Zoning Ordinance); Or-
dinance No. 693 (1961 Uniform Building Code); Rules and Regulations.
Included in the above are all of the above referred to Codes, Ordi-
nances, Resolutions, Regulations and Substitutions therefor, as
amended to the time of execution of this agreement.
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 en-
cumbrances, 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 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 improvements 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 pl 7,000. , and one of
which bonds shall guarantee that faithful performance of
this agreement and the other said bond shall secure pay-
ment to the contractor, his subcontr ^ctors 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, Reso-
lutions 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.
SFCTT_ON
That the special provisions concerning the particular real
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estate referred to above, being attached hereto, are hereby incorp-
orated 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 re-
fusal of the Developer to so perform, or to pay any monies due here-
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.
FACILITY
a. Easements & Rights -of -way
110n Site",
b. Easements & Rights -of -way
"Off Site",
c. Street Pavin�
Princevalle 170
Sixth 2501
Front foot charge for 91 existing
pavement on Princevalle Street & 812121
on SIRM, s o
d. Street Curbing;
DFVFLOPMFNT COSTS
100%
0 100%
2N.
x *x 986.85
g 100%
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CITY'S COSTS
none
none
See Stipulations
i�
none
e. Sidewalks;
100% none
f. Street Name Signs;
?h 100% none
g. Street Tree Planting &
Parkway Improvements;
City Code,
100% none
h. Street Lighting;
100% none
iriater "On Site"
1,323.
?; none
Less 10% corner reduction
Front foot charge for existing mains
(see calculation shee)
Water "Off Site"
383.46
� none
1.66 acres @ $231.00 /Acre
k. Sanitary Sewer "On Site ",
4 20 x $2.50
+v
945.00
none
Less 10% cornder reduction for entire
,property. Front foot charge for existing
sewers (see calculation sheet)
1. Sanitary Sewer, "Off site ",
".
133.50
none
8900 s.f. @ 1.5t
m. Storm Drains "On Site";
1000%
1l. none
n. Storm Drains., "Off Site ". 720.44 y none
lx4 1.66 acres @ $434.00 /Acre
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Y
DUE CITY BY DEVELOPER
$ 4,492.25
DUE DEVELOPER BY CITY $ 0.00
*Total does not include Building Permit or Water Meter Fees.
The stipulation following attached hereto as Exhibit "A" and the calculation sheet
attflc�ej hereto showing total and deferred development costs and titled Exhibit "B ", both
tthh,, f e to nsidered a art hereto.
ex ' II` Y1.tirIT1`E eS et51 C , sa��. parties nave caused these presents
to be executed the date and year first above written.
ATTEST:
Z�
City Clerk
F ORM 1' PR OVED :
City ,Xttorney
CITY OF GILROY
DEVELOPER
NX GILROY MEDICAL CENTER, a partnership
By ) �..--
A partner
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.
STIPULATIONS
EXHIBIT "A"
1. Developer shall furnish City with a bond covering street work (curbs, gutters,
sidewalks and street pavement) in the amount of $ 7,000. under Section 2 -d
of the attached agreement. This bond covers the faithful installation of all
street work shown on Exhibit "B" attached hereto. As Developer completes any
portion of said street work and the same is accepted by the City, the out-
standing total amount of the bond shall be reduced on a pro -rata basis.
2. The remaining development fees of $3,765.71 (See Exhibit "B ") not including
the Off -Site Sewer Fee, shall be paid upon the development of the most westerly
142.17 feet and /or the most southerly 213.58 feet of Developers, or within
five (5) years from the date of this agreement, which ever occurs first.
3. Plans for the street improvements on Sixth Street and Princevalle Street shall
be submitted to City Engineer for approval. All work shall be done to City
specifications. No work within the City street right -of -way shall commence
without approval from the City Engineer.
4. Developer shall advise City of its contract or for the subject street work
in order that City may determine to use the same contractor for its adjacent
work on Sixth Street.
5. Any excess materials to be disposed by City under its portion of the Sixth
Street reconstruction shall be offered to Developer for his use upon his
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adjacent Medical Center site.
6. City hereby agrees that it shall charge the same costs ..pr more ' (see Exhibit "B ")
«
to any otherAfuture dev'lopme is occur ngal ng the south li of Sixth Stre� }
/�between Princevalle Street and Miller Avenue. In the event City allows any
reduction in street improvement costs to such future developments, it hereby
agrees to make a refund to Developer under this agreement in the same pro -rata
amount based upon lineal feet of street frontage along Sixth Street.
7. Developer hereby reserves the right to protest to the City Council any of the
charges or methods of computation used under this agreement.
i
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"EXHIBIT B"
CALCULATION SHEET
City Development Fees
1. STREETS:
(a) Princevalle Street: 91 @ $0.30 = $2.70 ff.
384 L.f. @ $2.70 ( -100/-) = $ 933.12
(b) Sixth Street: 821 @ $0.30 = $2.55/ff.
392 L.f. @ $2.55 ( -10 %) = $ 899.64
2. WATER MAIN:
(a) Princevalle Street:
384 L.f. @ $3.50 /ff. = $1,344. ( -10%) = $1,209.60
(b) Sixth Street:
392 L.F. @ $3.50 /ff, = $1,372. ( -10 0/.) = $1,234.80
(c) Off Site: 3.16 acres @ $231. = $ 729.96
3. SEWERS:
(a) Princevalle Street:
384 L.f. @ $2.50 /ff. = $960. ( -10 %) = $ 864.00
(b) Sixth Street:
392 L.f. @ $2.50 /ff. = $980. ( -10 %) = $ 882.00
(c) Off Site, Bldgs. = 8,900 s.f. @ 1.51 _ $ 133.50
4. STORM DRAIN:
3.16 acres @ $434.00 /acres = $1,371.44
TOTAL. . . . . . . . . . . . . . . . . . . . . $8,258.06
Less payment under this Agreement . . . . . . . . . . . . . . . $4,492.25
Deferred to a Max. of 5 years or upon additional development. . . $3,765.71
"EXHIBIT B"