Silacci, Gary E.PROPERTY DEVELOPMENT AGREEMENT
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 16th day 'of August
19 82 , by and between the City of Gilroy, a municipal corporation, herein called the
"City" and Gary E.Silacci , 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:
Tract NO. 6997
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
fatter 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.
SECT ItA 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 faeflity 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 works,,;
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 $ 440,580.00 , 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 Covernment 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 tike 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.
CFC
. 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.
eonmTn�t � '
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
Engineering Hap Checks
a) Subdivisons $208.00 + $ 3.00(n)
Parcel Maps I + - (n)
n- Number of lots
b) Engineering Plan Check
and inspection
c) Miscellaneous Engineer
Service
No. of hours x $.31.00
8 hours
d) Public Works Microfilming
$5 /Sheet (Maps and Plans)
13 sheets
11
DEVELOPMENT COST
$ 250.00
$ 22,029.00
$ 248.00
O�
e) Fire Hydrant Location Fee
$33.00 for first five hydrants
+ 3.00 for each additional
8 hydrants
f) Area Water Charge
2_ 4.99 Acres @ $ 1666:00 /Acre= 41,633.00
less $5,982.00
(see calculation sheet)
g) Construction Water
2866 LF @ $0.37 /LF + 24.99 Acres @ $13-72/Acre-
h) Off -Site Storm Drainage
24.99 Acres @ 1022.00 /Acre= $25,540.00
Acres @ /Acre
(see stipulations and calculation
sheet)
i) Front Foot Water Fee
830 LF @ $15.17 LF
J) Front Foot Sewer Fee
LF @ LF
k) Front Foot Storm Drain Fee
R3n LF @ _ 16.99 LF
1) Street Paving
SF @ /SF
0
m) Curb and Cutter
LF @ /LF
$ 42.00
$ 35,651.00
$ 1,403.00
$ -0-
$ 12,591.00
$ By Developer
$ i4,in�_on
$ 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"
a) Easements and Rights of Way
"Off Site"
t) Other
a
-5-
$ By Developer
$ By Developer
$ By Developer
$ N/A
$ Inn
$ 100i
DUE CITY BY DEVELOPER $ 86,381.00
DUE DEVELOPER BY CITY $ -0-
NET DUE ciTY $ 86,381.00
IN WITNESS WHEREOF, said parties have cause these presents to be executed
the date and year first above written.
/'City Clerk ON
FORM APPROVED
City Attorney
CITY OF GILROY
PA MOO- " 10 0 �* �
DEVELOPER Gilroy Industrial Enterprises,
a limited partnership,
Silacci Enterprises, Inc, a California
Corporation, General Partner
BY AAo,,
Gary F-Silacci, President
BY
DATE � VkL`( 'zF- 1
c� 92-
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
Tract #6997 Development Agreement
1) The developer will participate in the cost of signalisation at the inter-
section of Highway 152 and Brem Lane.
2) Locate and properly dispose of wells, septic tans and fuel storage fac-
ilities, prior to the issuance of any building permits.
NOTE: THE CAPPING OF ANY WELL WILL REQUIRE INSPECTION BY THE SANTA CLARA
VALLEY WATER DISTRICT.
3) All fees are payable at the current rate at time of payment.
4) 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.
5) This agreement shall run with the land and be binding upon any successors
in interest.
6) The developer will be reimbursed for the installation of Storm Mains,
first by crediting to the Area Storm fee and the remainder to be
reimbursed upon receipt by City of fees paid, when otherproperties within
the same storm drainage area are deveoped. Repayment shall be made only
from properties which develop within ten (10) years of this agreement (See
Calculation Sheet).
7) The developer will be credited for sewer main oversizing. Credit represent-
ing the oversizing of 2.,575 feet of 10" VCP to 12" VCP, amounting to
$7,725.00, shall be distributed among the 20.67 net acres at the rate of
$374.00 per acre. The credit shall be applied against the off -site sewer
connection fee. (See Calculation)
8) The developer will be reimbursed for the cost of 805 L.F. of 10" VCP
sewer main at the time of development of the adjacent parcel to the east,
at the rate the City is charging at the time of development of said
property to the east, providing said property is developed within 10
years of this agreement.
9) The developer will be reimbursed at this time for oversizing the water
main from 10" DIP to 12" DIP. The reimbursement will be credited to
the AREA WATER FEES. (See calculation sheet).
Gilroy Industrial Enterprises,
Accepted by a limited partnership,
.
Califpxni rporation,
Gary /E. Sil.acci, President
Date
CALCULATION SHEET
Tract #6997 Development Agreement
Sewer Main Oversizin
2575 L.F. of 12" VCP @ $15.00 /LF
2575 L.F. of 10" VCP @ $12.00 /LF
$3.00 /LF or $7,725.00
To be credited to the off -site sewer connection fees.
(See stipulation #7)
Storm Drainaae
510 L.F. of 39" RCP @ $45.00 /LF = $22,950.00
564 L.F. of 48" RCP @ $55.00 /LF = $31,020.00
2 storm manholes @ $800.00 /ea = $1,600.00
1 storm outfall = $7,000.00
Total $62,570.00
Less Area Storm Fee - $25,540.00
Total $37,030.00
To be reimbursed with the development of other properties in the
same storm drainage area. (See Stipulation #6)
NOTE: THE TOTAL MIGHT CHANGE BECAUSE THE ACTUAL BID RESULTS WILL
BE USED FOR REIMBURSEMENT CALCULATIONS.
Water Main Oversizing
1994 L.F. of 12" D.I.P. @ $21.00 /LF
1994 L.F. of 10" D.I.P. @ $18.00 /LF
$3.00 /LF or $5,982.00
To be credited to the area water fee.