Gilroy Unified School Districtiar':I�"' T �l t} =" FL`OPM;: "t t ACREEi"IE��•tT
AGREE,.IEClT FOR E;;TECNS I O . ;S OF tIATCR D 1 STRi BUT 100 SYSTEMS:
ItAPROVE ENT Or STREETS; IUSTAL' ".TIOM OF SEIIMS, STORM
i) :A1 AS A',D OT'NER PU " IC !!OR .,.'S FAC l L iT l LS
This
ag reerr,en t miade
and entered into
this _ 6th
day of . October
1) 75 , by
and between the
City of Gilroy,
a municipal
corporation, herein called:
the `riity„ and Gilroy Unified School District a real property owner,
developer or subdivider, herein called the "Developer ".
14ITNESSETH:
9HEREAS, 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:
The New High School and,
IMEREAS., 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,
1;i1iEREAS, the City,. by and through its City Council, has enacted certai n-
f
Codes, Ordinances and Resolutions and certain Rules and Regulations have been
promulgated concerning the subject matter of this agreement and,
14HE REAS, 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.
-10'.1 THEREFORE, in cons i -lerat i ors of thG premises and in order to carry on
the intent and purpose of said Codas, Ordinances, Resolutions and Regulations,
it is agreed by and between the parties as follows:
SECT 10111 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 tiie subject matter of this agreement are hereby referred to and incorporated
! herein to the same effect as if they i .Tere set out at length herein. Said Codes,
t
Ordinances and Regulations include, but are not limited to, the following: The
f Code of the City of Gilroy (including but not limited to Chapters 12A, 1), 20, 21
i and Res. 1474., thereof pertaining to local improvement procedures in subdivision
f
or development respectively); Ordinance ;;o. r02 (Subdivision Procedure, etc.)4rdi-
4
nance tlo. 71 1 (Zon i n0 Ord.) ; Ordinance flo. G'.65 0967 Uniform !iu i 1 d i ng "'ode); Rules
and Regulations. Included in the above are all of the above referred to Codes,
rdinances, Resolutions, Regulations and Substitutions therefor, as amended to
the time of execution of this agreement.
k,
�.
SECTIOM 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 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 ha cunt of
no less than $ 139,000 _- •
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 t"ar•n-
of to be due under the terms and provisions of this agreement.
SECT'M 3
That all sums shown herein to be payable by the Developer to the City are
die 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.
SECT i 0m 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
.i
r
-2 -.
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.
i FACILITY DEVELOPMENT COSTS
a. Easements & Rights -of -war
"On Site ", $ 100%
b, Easements & Rights -of -way
"Off Site ", $ 100%
c. Street Paving $ 100%
`See payment flow on Agreement sheet .4
center strip paving
Tenth Street see Calc. sheet page 2 item 3B
d. Street Curbing; see City
Code Sec.26 -12, Table 11 $ 100%
e. Sidewalks; see City Code,
Sec. 26-12, Table It $ 100%
f. Street Name Signs; see City
Code, Sec. 26 -12, Table ll $ 100%
-3-
CITY'S COSTS_ ,'BALANCE
$ -0-
$ 5=494.50 ,':S = 494.50
- -- -
-0-
$ -0-
-0-
-0-
a. Street Tree Planting
Parkway Improvements;
City Code,
r 100°
h. Street Lighting;,
i . eater "On Site"
Sep Calc. shpt item 13
.!. later "Off Site"
See item A.2 Calc. Sheet
i'
k. Sanitary Sewer On Site,
See item B2 Calc. sheet
i See item 2A Calc. sheet
I
9,680,00
$18 ,451 .80 _____
$ 2610.00
7,323.75
i. Sanitary Sevier, "Off Site` $ 4,000.00
See item Al Calc. sheet
Storm Drains On Site_'
$ -0- - _ .._ -0-
$ 1,865.63_ $7,814,37
7,323.75
$ -0- $4,aW-M
m.
$7,672.50 $ -0 - -- $7 50-
See item 2B Ca1c. sheet
n. Storm Drains, off Site" $34,597.12
See item A3 Calc. sheet
o. Engineering, Inspection U
Plan Check 3.5' x $138,811.25
$ 4,858.39 $ -o-
54,858.39
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DUE C ITY ^'( D` VELOPER, $ 52 7730 81
i
BY CITY $ 5,494 50
j �
B LANCE DOE C TY $ 47,236.31
IN 11MIESS 'driERrOF, said parties � ave caused th ?s° pr ^seats to be
e ,�CLIted the date and year first abode written.
CITY OF GILROY
ze
AT TEST
.
7
City
BY
FOR PPROVED:
BY
City Hr- ornAy
MOTE: 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.
Cash Flow:
School District submits check,in the amount of $47,236.31
City transfers to School District's credit
against development fees $ 5,494.50
Total School District fees $52,730.81
-5-
NEW HIGH SCHOOL
STORM OUTFALL
CALCULATION SHEET
MINIMUM REQUIRED BY DISTRICT
2 MH @ $550 ea. _
$1,375.00 -
856' of 18" RCP @ $10 /ft. =
8,560.00
80' of.33" RCP @ $20/.ft.._
1.,600.00
Outfall LS
3,000.00
Grade to drain LS
1,800.00
PROJECT TOTAL
$16,335.00
PROPOSED SOLUTION BY S.C.C.W.D.
MH A LS
$3,800.00
MH B LS
3,580.00
672' of 72" RCP @ $76.50/ft. s
51,400.00
Backfill
2,049.60
outfall LS
7,570.00
Grade to drain -
2,575.00
$70,982.60
OFFSITE RESPONSIBILITY
$70,982.60
School District
- 16;335.00
City offsite responsibility =
$54,647.60
DRAINAGE FEE
26.03 ac. Filice property less creek reserve
and parkway
25.225 ac. Arcadia acquisition
51.255 ac.
51,255 ac. X $675/ac =
$34,597.13
Offsite responsibility
54,647.60
Fee due City
- 34,597.13
Net to be deferred
f�
E
$20,050.475
New Gilroy High School Site
IMPROVEMENT AGREEMENT STIPULATIONS
J. The School District shall dedicate and improve Tenth Street and
Princevalle Street as shown on the approved improvement plans for
the new High School.
2. The District shall dedicate the right of way for the extension of Tenth
Street westerly to the proposed Uvas Parkway and for the Uvas Parkway
southerly and easterly to a line to be established by mutual agreement.
Dedications of Tenth Street and the Uvas Parkway shall be made upon
request by the City.
3. All electroiiers on said project shall become City property.
4. The District shall deposit funds with the City for the extension of the
water,.storm and sewer mains in Tenth Street. Said deposit shall be in
lieu of required installation of utilities. Amounts shall be as shown
on the calculation sheet.
5. The City shall credit all off -site storm drainage fees to the district
for the construction of the 72" RCP in addition to the above credit the
City will reimburse the district $20,050.48 in the following manner.
Said reimbursement shall be made from Storm Zone "A" Funds as
development in the zone occurs. The minimum payment to be 10% of drainage
fees collected or $1,000 per year whichever is larger until the full
amount is paid.
6. The City shall reimburse the district for one half of an 18" storm
drain at such time as the property east of Princevalle Street develops
and the City collects said fees. See calcualtion Sheet, Item iA, future
reimbursements.
7. The City shall credit the district for oversizing the water main in Tenth
Street. Oversizing shall be credited to the offsite water fee. See
Calculation Sheet, Item 2 a.
8. The City will reimburse the district for water main construction in Tenth
Street at such time as other development occurs and the City collects fees
for the balance of water main. See Calculation Sheet, Item 2 b. and c.
9. The City will rei mburse the district for fire hydrant installation on
Princevalle Street as shown on the Calcuaation Sheet, item 2 D.
10. The City shall pay to the district for construction of ten feet of street
improvements on the easterly side of Princevalle Street. See Calculation
Sheet Item 3 A.
11. The District agrees that all reimbursements for connections by other
developments to utilities installed by the district shall be reimburseable
for a period of ten years from the date of this agreement. (See
Resolution No. 1580 or its subsequent revision).
JEW HIGH SCHOOL
CALCUALTION SHEET
A. OFFSITE FEES
i . Sanitary sewer *
160,000 sq.ft. bldg. @ $0.125/ sq.ft. _ $4,000.00
2. Water
.51,255 ac. @ $360.00 /ac - $18,451.80
3. Storm Drainage
51.255 ac. @ $675.00/ac. _ $34,597.13
$57,048.93
subject to final adjustment at time of commencement of construction
B. EXISTING ONSITE IMPROVEMENTS
1. Water Main (Princevalle Street and east property line)
193 F 12" existing, responsibility = 112 of 10"
@ $5.00 /FF] $9,680.00
2. Sanitar Sewer (Princeville Street)
70 FF LIP existing, responsibility = 1/2 of 10"
@ $3.00 /FF] _ $2,610.00
$12,290.00
C. OTHER FEES
1. Plan check and inspection
Total cost $ 193,458.85
Less offs. resp. $ 54,647.60
$ 138,811.25 X 3.5% = $4,858.39
2. District's share of costs of future utilities to be installed in Tenth Street
A. Future sanitary sewer (responsibility = 1/2 of 10" sewer)
1395 L.F. @ 5.25 = $7,323.75
B. Future storm drain (responsibility = 1/2 of 18" main)
1395 L.F. @ 5.50 = $7,672.50
NOTE: reimbursement from City shown later TOTAL $'19,854.64
TOTAL ,FEES DUE:CITY
1, Offs%te
2, Other fees
TOTAL
Apply S.D, offsite fez
Water oversize & centerstrip credits
$ 57,048.93
$ 32,144.64
$ 89,193.57
$ 34,597.13 CR.
$ 54,596.44
- $ 7,360.13 CR.
$ 47,236.31
'UT;)RE REIMBURSEMENT TO SCHOOL FROM CITY (Upon development of benefiting properties)
I.A. Storm Drain'(Princevalle Street)*
see storm drainage calc. sheet attached.
(to be reimbursed uaon development of property on the east_ side of Princevall
Street between Tenth Street and Princevalle storm drain channel if said
property develops within 10 years of the date of this agreement).
$ 7,767.50
I.B. Storm Dr,in (72" - Regd. size) oversizing**
see storm drainage calc. sheet attached.
(to be reimbursed out of storm drain zone A funds as development occurs,
minimum payment of be 10% of drainage fees collected or $1,000 each year
whichever is larger until paid off, within 20 years of the-date of this
agreement).
$20,050.48
2. Water'Main (Tenth Street)
A. oversize 1/2 (12 " -10 ") and 1/2 (12" -811)
995 F.F. X ($1.25/2) per F.F. =
995 F.F. X ($2.50/2) per F,F. =
TOTAL
(Due developer now- to'be credited against offsite water fee)
3.
4�f�
B. Main reimbursement (1/2 of.8 ") NbTE: See "C" below
995 F.F. X $6.00 /F.F.
$ 621.88
$1,243.75
$1,865.63 CR.
$5,970.00
(to be reimbursed upon the development of the property on the north side of
Tenth Street west of Princevalle Street if said property develops within ten
(10) years of the date of this agreement).
C. Since district must pay for 400' future 10" water on Tenth Street
(see other fees, item 2.C.) in the amount of $2,900.00, City will
apply that $2,900.00 against the $5,970.00 future reimbursement, shown
above, leaving a balance of $3,070.00 to be reimbursed "upon later
development of the property northerly of Tenth Street and developer of said
northerly property shall provide remaining 400 feet of water main
without cost to district.
Total Tenth Street future water reimbursement = $3,070.00
D. Fire Hydrant costs
a. Tenth Street - School District and developer on north side of
Tenth Street will each install two (2)" fire hydrants.
b. Princevalle Street. City will reimburse district for fire hydrant
installation upon the development of the property on the east side
of Princevalle Street between Tenth Street and the Princevalle
storm drain channel, if said property develops within 10 years of
date of this agreement, the following amount:
900 F.F. X $1.25 /F.F. =
Street improvements
$1,125.00
A. Princevalle Street (easterly 10 ")
City will reimburse district upon the development of the property on the
east side of Princevalle Street between Tenth Street and the Princevalle
storm drain in the following amount for a ten foot strip of roadway
improvements being built by the district east of the roadway centerline:
900 sq.ft. X $0.74 per sq.ft. =
$6,750.00
B. Tenth Street (center strip paving 5.5')
5.5' X 1350 lin. ft. X $0.74 per sq.ft. _ $5,494.50 CR.
Due to developer at time of improvement
'.