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PROPER'T'Y DEVELOPME'N'T AGREEME'N'T
AGREEMENT FOR EXTENSIONS OF WATEK DISTRIBUTION SYSTEMS:
IMPROVEMENT OF S'T'REETS: LNSTAL.LATLON OF SEWERS, SToKM
DRAINS AND OTHER PUBLIC WORKS FACHATIES No. 84 -7
l
This agreement made and entered into this 7th day of May
19 84 , by and between the City of Gilroy, a municipal corporation, herein called the
"City" and ROBERTS CONSTRUCTION CO. it real property owner
developer or subdivider, herein called Lite "Developer
WHEREAS, a final map of subdivision, record of survey or building permit (Site
Clearance) application has now been submitted Lo Lite City for approval and acceptance,
covering certain real estate known as and called:
Assessor's Parcel No. 841 -01 -107
WHEREAS, the Developer requires certain utilities and public works facilities in
order to service the property under the minimum standards established by the City an<I,
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 ❑iaintenance and operation of
such utilities and public service facilities alter acct- plance by City, and for
providing the necessary connecting system, general plant Mud appurtenances, and Lire
City is agreeing to discharge those responsibilities.
NOW THEREFORE, in consideration of Lite premises and in order- to carry on the
intent and purpose of said Codes, Ordinances, kesolutions and Regulations, it is agreed
by and between the parties as follows:
�: is r•r t nrJ t
That all Codes, Ordinances, Resolutions, Rules and Regulations and established
policies of the City and the laws of the State of CaMornLa concerning Lite 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 ter, the following: Lite Code of the City of
Gilroy (including but not limited to Chapters 12A, 19, 20, 21 Res. 80 -58 and 76 -47,
thereot pertaining to local improvement procedures in subdivision or development
respectfully): Ordinance No. 711 (Zoning Ord.): 1(esolutiotr 81 -17 (1`)79 Uniform
Building Code): Rules and Regulations. included in the above are ail of Lite above
referred to Codes, Ordinances, I(eaolutions„ kegu lat. iortt; utd SubstIt tit iorus thereof, at;
amended to the time of execution of this ck) "It•emk-nt .
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 Curies,
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 tike City on said real estate which
the Developer or any contractor or subcontractor of Lite
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 Lite standards
heretofore established, and according to the grades, plans and
specifications thereof, all as approved by ti►e Ctty Engineer, and
shall furnish two (2) good and sufficient bonds. One shall be
executed in the face anwurkt of nu less than $ 21,000.00 _, 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 improveukeut hereunder,
and as provided for in Section 4200 -4210 of the Covernuuent Code
of the State of California, the Codes, Ordinances, Resolutions,
and kegulations of the City, and Lhis agreeukcuL.
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, Lo guarantee the repair and
replacenu;nt of defective material and faulty workmanship.
In lieu of said faithful performance bond for maintenance, the
Developer may furnish a maintenance bond in the amourkt of 10% of tine
total contract price (with a n►ininu►uk aokount of one thousand dollars,
$1,000.00) to cover tl►e one (1) year maiktlerkauce period.
e. That upon approval of the final. mat) of the subdivision, the record of
survey or the building permiL covering the real estate to be improved
and before any work is done therein, th Developer shall pay to the City
all sums, except cost to he borne by the City, shown in Section 7
thereof to be due under the terms akkd provisions of this agreement.
sP.CriON 3
That all sums shown herein to be payi_ble by the Developer to tike City are due
and payable to the City upon the execution of this agreement.
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That all the provisions of this agreement and ail work to lx: done pursuant to
the terms of this agreement are to be completed within one year from and after tike
date and year first above written.
SFICTION 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.
The faithful and prompt performance by the Developer of each and every term and
condition contained herein is made an express condition precedent to Lite duty of the
City to perform any act in connection with this transaction, and the failure, neglect
or refusal of Lite Developer to so perform, or to pay any monies due hereunder when. due
shall release the City from any and all obLig;ations 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 Lite event of any such
default by Developer.
SECTION 7
That the following are the estimated amounts of costs to be borne by the respec-
tive 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
Engineering Mae Checks
a) Subdivisons $ + $ (,1)
Parcel Maps $ + $ (n)
n= Number of lots
b) Engineering Plan Check
and inspection
5% x $ 20, 890.27
DEVELOPMENT COST
$ n/a
1,045.00
c) Miscellaneous Engineer $ 62.00
Service
No. of hours x $31.00
2 hours
d) Public Works Microfilming; $ n/a
$S /Sheet (Maps and Plans)
e) Fire Hydrant Location Fee $ n/a
$ for first five hydrants
+ for each additional
f) Area Water Charge
1.553 Acres @ $ 1,808.00 /Acre
Acres @ $ /Acre
9) Construction Water $
540.51 LF @ $0.40 /LF + 1.553 Acres @ $14.89 /Acre
239.00 - 207.00 = $32.00
(Paid 3- 12 -84)
h) Off -Site Storm Drainage
1.553 Acres @ $ 1,432.00 /Acre
Acres @ $ /Acre
i)
Front Foot Water
Fee
LF
Leavesiey
350.48 LF @ $
16.46 LF -
$5,769.00
Swanston
T7 F@
9. 8 7 '� F=
1, 876 . 0 0
j)
Front Foot Sewer
Fee
Leavesley
350.48 LF @ $
11.85 LF =
$4,153.00
Swanston
190.03 LF @ $
11.85 LF =
2,252.00
k) Front Foot Storm Drain Fee
LF @ $ LF
1) Street Imurovements
Includes pavement, curb & gutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for breakdown.)
2,808.00
32.00
2,224.00
$ 7,645.00
$ 6,405.00
$ By Developer
$ 10,903.00
m) Utility Pole
Mounted
Electrolter
LF
@ $
/LF
-4-
n) Other $ 2,629.00
Median Landscaping
350.48 LF @ $7.50 /LF ,
o) Other $ 5,127.00
Off -site Sewer
1486 gal /day @ $345.00/100 gal /day
DUE CITY BY DEVELOPER $
DUE DEVELOPER BY CL'rY $
NET DUE CITY $
38,880.00
IN WITNESS WMKEOF, said parties have caused these presents to be executed
the date and year first above written.
n'rrF r
City Clerk
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CITY OF CILROY
NOTE: If Developer is a corporation, the complete legal 11auuc ,111(1 Corporate seal of the
corporation and the corporate titles of the petsonh slguinE for tike corporation
shall appear above.
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CITY OF CILKOY
UEVELOPMENT COST SCHEDULE
No. 84 -7
♦� ~rf�J ��l }1'���� x Date _3 -27 -84 - --
Initialed SD -L
Location of Property Southwest corner of Swanston Lane and Leavesley Road
Assessor's Parcel # 841 -01 -107
Name of Applicant ROBERTS CONSTRUCTION CO._ (Employment Office)
Address 5304 A Monterey_ Road, San Jose, CA 95111
Type of Development Proposed Commercial Office Buildings
Area 1.553 Acres Storm Drain Area "C"
Street Frontage 350.43 feet on Leavesley Road and
190.03 feet on Swanston Lane.
h:ni;ineering Map Check 01 -100- 11(0 - 6004 -11 $ n/a
Subdivisions $ +$ 61)
Parcel Splits $ +$ (n)
n= number of lots
Engineering Plan Check and Inspection 01 -100 -1100- 6004 -12
$
1,045.00
5% of the Cost of Public improvements
5% x $ 20, 890. 27
See Estimate attached.
Miscellaneous Engineering Service 01 -100- 1100 - 6004 -13
$
62.00
2 hours x ( $31.00 )
Public Works Microfilming U1 -100- 1100 - 6004 -14
$
n/a
$5.00 per sheet (maps and plans)
fire Hydrant Location Fee O7 - /20- 1900 - 8001 -00
$
a
$ for the first 5 hydrants
+$ each add i t. Iona i hyd rain ;;
Area Water Charge O "i- 100 -13Ou- 7201-00
$
2,808.00
1.553 Acres @$ 1008.OQ'acro
Acres @$ /acre•
C'mistruetton Water O /- /ZO-- I9OU- ti001 -00
$
32.00
540. 51 LF @$ 0.40 /LF+ 1.553 Acrt?s (+ r 14.89
/acre
= 239.00
Paid
207.00 3 -12 -84
32.00
011 -Site Storm Drain Fee
Area
"A°
$
/Acre
Area
"A -1 "$
/Acre
Area
"H"
$
/Acre :
Area
"C"
$
1, 432. 00 /Acre
Area
"D"
$
/Acre
Area
"E"
$
/Acre
Area
"F"
$
/Acre
Area
"Q"
$
/Acre
1.553
Acres
@$ 1,432.00 /Acre
11.85
/LF =
Acres
@$ /Acre
Front Foot Charles
Storm Drain
LF @$ /LF
02- 220 - 1300 -- 7202 -00
Water
02 -220- 1300 - 7202 -U1
$
02- 221- 130U- 72U2 -00
$
Leavesley
350.48
LF @$
16.46
/LF =
5,769.00
swanston
190.03
LF @$
9.87
/LF
= 1,876.00
By Developer
Sewer
Sidewalk SF CC$
Leavesley
350.48
LF @$
11.85
/LF =
4,154.00
Swanston
190.03
LF @$
11.85
/LF =
2,252.00
Storm Drain
LF @$ /LF
02- 220 - 1300 -- 7202 -00
$
02 -220- 1300 - 7202 -U1
$
02- 221- 130U- 72U2 -00
$
02- 222 - 1300 - 7202 -00
$ 2,224.00
02- 223 - 1300 - 7202 -UU
$
02- 224 - 1'100- 1202 -00
$
02- 225 - ,1300- 7202 -00
$
02- 226 - 1300 - 7202 -00
02- 230 -1300- 1204 -00 $ 7,645.00
02 -23U- 1300 - -7205 -U0 $ 6,405.00
02- 230 -131JU- 7207 -UU $ By Developer
Street lmpruvementa
02- 230- 1300 - 7207 -0U
$
10,903.00
f "eaves ley 3504.80 SF @$ 1.52
/sf' =$
5,327.00
SwansLoll Pavement 2850.45 SF L$ 1.52
/SF -$
4,333.00
Curb b Gutter LF @$
/I.F -$
By Developer
Sidewalk SF CC$
Gal. Pole
Electrolier LF @$
Electrulier
Fire Iiydrant 540.51LF l''$ 2.30
/I.F-s
1,243.00
Wood Pole ttouated Electroller
01 -100 -1100- 6004 -00
$
n/a
LF @$
/LF
Public Works Cash Honda and Deposits
08 -800- 1100 - 6004 -02
$
other Median Landscaping
08- 800 -1100- 6270 -00
$
2,629.00
350.48 LF @ $7.50 /LF
—
utl►er Off -site sewer connection
03 -310- 1300 - 7210 -00
$
5,127.00
1486 gal /day x $345/100 gal
/day
38,880.00
NOTE:: All deterred tees are payable at the rite lu ettect it Ltme of payment.
-2-
STIPULATIONS
ROBERTS CONSTRUCTION CO. AGREEMENT
1. Locate and properly dispose of any wells, septic tanks and underground
fuel facilities.
NOTE: The capping of any well will require inspection by Santa Clara
Valley Water District.
2. Schedule the construction of improvements along existing public roads so
that the work affecting vehicular traffic is completed with a minimum
interruption to traffic.
3. All work within the public right -of -way shall be subject to the approval
of the City Engineer and Cal Trans.
4. Install curb, gutter and sidewalk to City standards along the entire
property frontage.
5. All fees shall be paid at the rates in effect at that time.
6. 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. Location of the fire hydrants will be determined by the Fire
Chief.
7. Thisiagreement shall run with the land and be binding upon any successors
in interest.
8. The assignment of the agreement by the developer to another party shall
require prior approval of the City Council.
9. The developer shall obtain a State Encroachment Permit prior to the start
of work along Leavesley Road (State Hwy 152).
'i
Accepted by
Title �.
i_
Date:
OFF -SITE ESTIMATE
Leavesley and Swanston
SWANSTON LANE:
Curb & Gutter
Paving 3/12 3' x 190.03'
Electroliers
Sidewalk 4.5 x 190.03
Handicap Ramp
15" RCP
Catch Basin
Curb & Gutter
Paving 3/12 2' x 350.48
Electroliers
Sidewalk 4.5 x 350.48
190.03 L.F.
C
$ 7.00 /L.F.
= 1,330.21
570.09 S.F.
2.00 /S.F.
= 1,140.18
1
1,500.00 /each
= 1,500.00
855.14 S.F.
P
2.00 /S.F.
= 1,710.28
1
500.00 /each
= 500.00
40 L.F.
0
50.00 /L.F.
= 2,000.00
1
1,200.00 /each =
1,200.00
Sub -total =
9,380.67
350.18 L.F. ( S
700.96 S.F. 9
3 ?
1577.16 S.F.
2.n O /S.F.
1,5 On. (,,O /each
2.00 /S.F.
Sub -total
TOTAL
q 1.c1) 1) c
1,4O1.n2
4, 50(`.n�
3,154,32
1 1 , 509.6')
20,890.27