Monier Tile Companyrl
PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSION'S OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATIO!l OF SEVERS, STORM
DRAINS AND OTHt -R PUBLIC WORKS FACILITIES
This agreement made and entered into this 20 day of
June
1977, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Monier Tile Co. , 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:
A 6.625 AC Portion of Assessors Parcel #841 -16 -55 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 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 .hapt(�rs 12-A., 19, 20, 21
and Res. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in
subdivision or development respectively); Ordinance ado. 602 (Subdivision Procedure,
etc.); Ordinance Mo. 711 (Zoning Ord.); Ordinance Sao. 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 all 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 $25,000 , 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 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 pur-
suant to -the-terms of this agreemeht 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.
SECTIOPd 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, neglect or refusal of the Developer to so perform, or to hay
any monies due hereunder when due shall release the City from any and ail
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obligations hereunder and the City, .�t its election, may enforce the perfor-
mance of any provision herein;, or any rijht 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 I OA 7
That the foliowing 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-
':ion of the work.
FACILITY DEVELOi ME"T COSTS
a. Ea,ements & Rights
of way "On Site' ` $� 100° /t
b. Easements & Rights
of w;, ; "Off Site" $ 100%
c. !Ratcr "On Site $ 100°/
CITY'S COSTS BALANCE
$ 0 $ 100%
$ 0 $ 100%
$ 0 100%0
d. 1,1ater "Off Site" $ 6,664„75 $ 0 $ 6,664.75
see cost Schedule
e. Sewer "On S i te't $ 100°/
$ 0 $ 100%
f. a--a.•r "Off Site" $ 2,875.50 $ 0 $ 2,875.50
__seg cost schedule
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g. Storm Drainage
"On S i te"
h. Storm Drainage
"Off Site"
$ 100° /M 0 100%
5,750-50 0 $ 5,7500100
i. Cng;neeririg, ;nspec-
�ion, & Plan Che::k,
1 $ 1,_000.00______ 0 $ 1 31 000.00
4i, -- $ -.?3,1-00-0 - --7--
see cost schedule
J. Streei- Tree
pi Daferrcd $Deferred
. artinq
Perm; t
k. Construo-ion Water,
Dust
Earthwork 0 v. $187.43
see cost schedule
1. Street ',aving 0 1.00%
Stree-!: C1.-b
G u',-- ter $ 100%, 0
n. iidefqaiks S 10 0 001 ---
a. street Name S7�qns
Fire Hydrants
"On Site,, 100°/ 0 4 1000/1
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q. Street Lighting $ 100%
$ 0
$
100'
'DUE
r.ry BY DEVELOPER
$
16,478.18 -
DUE
DEVELOPER BY CITY
$
0
14ET
DUE CITY
$
16,478.18
lit WITNESS WHEREOF, said
parties have caused these
presents to be
executed the date and year first above written.
CITY OF GILROY
CITY OF GILROY
CEVELOPIIE 1T COST SCHEDULE
M
Date May 24_ 1177
Initialed
Location of property East of Freeway, North of Crown Zellerbach
6500 Brem Lane
Assessor's Parcel # 841 -16 -55
Name of Applicant _.Y Monier Pipe Co.
Address
Tyne of Develepment Proposed M -2
Area 6.625 AC 13.556 Storm Zone A= $868.00
Frontage 390.7'
13.556 AC Gross
6.625 AC Fees paid at this time
Water Main oversizing
12" 10" (16.00 - 14.00) to be reimbursed upon completion of work.
COST SCHEDULE
1. Front Foct Mater Charges
LF @ /F.F. _
2. Front Foot Sewer Charges
LF 0 /F.F. _
3. Front 1ou t Stcrm Charges
LF @ /F.F. _
4. Front Foot Street Improvements
SF 0 / S.F. _
5. Front Foot curb & gutter charges
LF @ ! _
6. Area dater Charge
6.625 Acres @ 1006 Ac. =
$ by owner
$ by owner
5 by owner
by owne r
$ by owner
$ 6,664.Z5 __
7.
Area Offsite Storm
Drainage Fees
6.625
Acres 0 $868 /Acre =
q
5,750.50
8.
Offsite Sanitary Sewer Fees
50 persons
@ 25 GPD / 1250 GPD =
$
2,875.50
12.5 x $230
9.
Recreation Fees
@
/ _
�;
w /development
agreement
10.
Engineering Plan Check
& Inspection
4% x $25,000
=
$
1.000.00
11.
!,!a ter Pieter Charge
Meter @ _
$w /bldg. permit
12.
Electroliors
LF @ _
$
by owner
13.
Fire Hydrants
LF @ _
14. Construction Wa per
1000 LFC@.15. /LF 4.625. jAcreCw§.65 =$150 + $37.43
15. Street Trees
@
15. _
17.
$ by owner
$ 187.43
$
Total = $ 16,478.18
STIPULATIONS
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ADDITIOINAL STIPULATIONS H) TERNS
TO THE DEVELOPMENT AGREEJ''Ef'Sf
BB,EEN THE CITY AND YONIER COMPANY DATED MAY 24, 1977
1. Owner agrees to comply with all requirements of the Planning Department.
2. An all weather roadway shall be constructed to the building site for
access prior to any on -site flammable construction.
3. The city will reimburse the owner for water main oversizing for the main
installed along the property frontage. The owner shall submit final bid
for a 12" water main and a 10" water main to the city for review and
computation of this reimbursement. The city shall reimburse the owner
the difference between a 12" main and a 10" main upon completion of the
work. The owner agrees to extend the 12" water main to the North property
line upon further expansion of the plant.
4. The owner shall submit detailed costs for the 8 inch sewer outfall line to
the city trunk main. The city will collect appropriate costs from any one
connecting to the outfall line and reimburse the developer said costs during
a period of ten (10) years from this agreement.
5. The owner shall obtain a permit from the Santa Clara County Water District
before commencing any work in their right of way.
6. The owner agrees to make available to city at all times a 10 foot easement
along the 12" water main. This easement will be in the 15 -foot wide planter
area running along the western boundary of owners property. City agrees that
any damage done to planter area in the course of pipeline maintenance shall
be repaired at city expense.
7. The owner agrees that the frontage road along the property frontage
shall be a private roadway.
8. The owner agrees to provide to city an area of land in Southwestern corner
of owners property for future installation of a well and pump station.. Area
allocated shall be as shown on attachment (Exhibit 1) and shall be approxi-
mately 20 feet by 20 feet. City agrees to pay a consideration of $300 for
this area.
9. Owner agrees to convey to city the easement for the sewer line connecting
the owners property and the city trunk main. The city agrees to maintain
this sewer line within the bounds of said easement hereafter.
/' SIGNATURE
CITY OF GILROY
'
DE';ELOt RENT COST SCHEDULE
Date may 24� 1477
Initialed
Location
of property East of Freeway, North of Crown Zellerbach
6500 Brem Lane
Assessor's
Parcel # 841 -16 -55
Name
of ,Appl i cant Monier Company
Address 1091 N. Batavia St. Orange,.California 92666
(Head office)
Type
of Develepment FrnFcsed M -2
Area
6.625 AC 13.556 Storm Zone
A= '$868.00
Frontage
390.7'
13.556 AC Gross
;
6.625 AC Fees paid at this time'
Water Main oversizing
12" _ 10" (16.00 - 14.00) to be reimbursed
upon`complet)on of Work.
COST SCHEDULE
1.
Front Foct 11ater• Chz:rges
`i
LF @ /F. F:,
' b owner .. •
2.
Front Foot Saner Charges
LF 0 /F.F.
$by owner.
3.
Frcnt Foot Stem Charges
LF @ F.F. / r
$. by owner
4.
Front Foot Street Improvements
SF 0 / S. F. _
browner
-Y
5.
Front Foot curb & gutter charges,'..
LF @ -
$.by owner
6.
Area hater Charge
-
_ Acres
6.625
6,66475.
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•7.
Area Offsite Storm Drainage Fees
6.625 Acres @ $868 /Acre =
$
5,750:'
8.
Offsite Sanitary Sewer Fees
50 persons @ 25 GPD / 1250 GPD -
$
2,875.50
12.5 x $230
g.
Recreation Fees
@ /
$
w /development
agreement
10.
Engineering Plan Check & Inspection
4% x �S25s000 =
$
1,000.00
11.
!later Pieter Charge
✓
Pieter R. -
$w /bldg. permit
12.
Electroliers
LF @ .-
$
by owner
13.
Fire Hydrants
LF @ _
by owner
14.
Construction 1.1ater
1000
LF@.15. AF 4.625-%Acre(-15•65 =$150 + $37.43
$
187.43
15.
Street Trees
16.
$
17.
_
$
Total = .
$ '
16,478.18
STIPULATIONS
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