Loading...
Industrial 20 VenturesPROPERTY DEVELOPMENT AGREEMENT #82 -22 Amended AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES This agreement made and entered into this 22nd day of February 19 83 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and Industrial 20 Ventures , a real property owner develper or subdivider, herein called the "Developer ". 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 #841 -15 -077 and, WHEREAS, 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 of this agreement 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 concerning 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 Res. 80 -58 and 76 -47, thereof pertaining to local improvement procedures in subdivision or development respectfully): Ordinance No. 711 (Zoning Ord.): Resolution 81 -17 (1979 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. MM 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 all stipulated easements and rights of way in and to his said real property necessary for the City in order that its water, electricty, 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 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. One shall be executed in the face amount of no less than $ 17.805.00 , and the other 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 improvement 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. The faithful performance bond hereinabove provided for, shall by the terms remain in full force and effect for a period of one (1) year after the completion and acceptance of said work, to guarantee the repair and replacement of defective material and faulty workmanship. In lieu of said faithful performance bond for maintenance, the Developer may furnish a maintenance bond in the amount of 10% of the total contract price (with a minimum amount of one thousand dollars $1,000.00) to cover the one year (1) maintenance period. 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 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. -2- 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 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 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 COST Engineering Map Checks $ 340.00 a) Subdivisons $ 208.00+ $ 3.00(n) 11 lots = 241.00 Parcel Maps $ 87,00+ $ 3.00(n) 4 lots = 99.00 n- Number of lots b) Engineering Plan Check and inspection 5% x $ 17,805.00 c) Miscellaneous Engineer Service No. of hours x $ 31.00 10 hours d) Public Works Microfilming S Sheet Maps and Plans 6 sheets -3- $ 890.00 $ 310.00 $ 30.00 A e) �Fire Hydrant Location Fee $ for first five hydrants + for each additional f) Area Water Charge Acres @ $ /Acre $ n/a $ Deferred g) Construction Water $ Deferred LF @ $0.37/LA + Acres @ $13.72 /Acre h) Off —Site Storm Drainage w .. Acres @ /Acre Acres @ /Acre i) Front Foot Water Fee LF @ LF J) Front Foot Sewer Fee LF @ LF k) Front Foot Storm Drain Fee LF @ LF 1) Street Paving SF @ /SF a) Curb and Gutter LF @ /LF $ By Developer $ By Developer $ By Developer $ By Developer $ By.Developer n) Galvanized Pole Electroliers LF @ $ /LF o) Electrolier Conduit LF @ $ /LF p) Fire Hydrants LF @ $ /LF q) Utility Pole Mounted Electrolier LF @ $ /LF r) Easements and Rights of Way "On Site" s) Easements and Rights of Way "Off Site" t) Other Attorney's fees -5- $ By Developer $ By Developer $ By Developer $ n/a $ 100% $ 100% S 375.00 DUE CITY BY DEVELOPER $ 1,945.00 DUE DEVELOPER BY CITY $ -0- NET DUE CITY $ 1,945.00 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEST' City Clerk FORM APPROVED 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. -6- STIPULATIONS INDUSTRIAL 20 VENTURES AGREEMENT 1. Locate and properly dispose of wells, septic tanks and fuel storage facilities, prior to the issuance of any building permits. NOTE: THE CAPPING OF ANY WELL WILL REQUIRE INSPECTION BY THE SANTA CLARA VALLEY WATER DISTRICT. 2. All fees are payable at the current rate at time of payment. 3. Before construction utilizing combustible materials may proceed, an all weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 500 feet of each portion of the site wherein this construction is to take place. 4. This agreement shall run with the land and be binding upon any suc- cessors in interest. 5. Site development upon Parcels "A" and "B" shall recognize the common access area across from Parcel "D" as if it were a public street. Site devel- opment of Parcel "D" shall include adequate improvements within said common access area to provide frontages for Parcels "A" and "B" acceptable to the Architectural and Site Control Committee. 6. All improvements and costs for the extension of Mayock Road will be the responsibility of the developer of Parcel "D" and will be required at the time of development of said parcel. 7. Water and fire services to Parcels "A" and "B" are deferred until the development of Parcel "A ", "B" or "D ". 8. Developer will be reimbursed for one -half (1/2) the improvements of the ditch, headwall, pipe, etc., included in the storm drainage improvments along the south property line, by the developer of the parcel to the south at the time of development of said parcel. (See Calculation Sheet) 9. Area storm drainage and area water fees are deferred until further development, and will be due with the issuance of a building permit. Accepted by� Title Date/ — / o —Z,3 CALCULATION SHEET Reimbursement for Storm Drainage Improvements: 1/2 24" Dia. R.C.P. @ $ 875.00 1/2 Concrete Headwall @ 3,000.00 1/2 Storm Manhole @ 1,200.00 1/2 24" R.C.P. w /Conc. Cap @ 800.00 1/4 Vee Ditch @ 6,000.00 or $ 438.00 or 1,500.00 or 600.00 or 400.00 or 1,500.00 $4,438.00 The developer of the Parcel to the south will reimburse $4,438.00 plus the percent increase in the cost of construction index from the time of con- struction, to Woolworth Industrial Park. NOTE: All figures are estimated and are subject to actual bid costs. The developer will submit a copy of the bid results to the City Engineer to insure proper reimbursement.