South Valley Plaza CompanyPROPERTY DEVELOP "SENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTIOP! SYSTEMS:
IMPROVEMENT OF SiREFTS; I1 JALLATION OF SEIfERS, STORM
DRAINS AND 01HER P0LIC FiACILITIES
This agreement made and entered into this-2nd day of November"
19µ79, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and South Valley. Plaza Co. . a real property owner,
developer or subdivider, herein called the "Developer."
WITNESSE-TH:
11HEREAS, 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 P 841 -16 -71 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 avid public service facilities after acceptance by
City, and for providing the necessary connecting system, general plant and
appurtenances, and the City is agrel'ing to discharge those responsibilities.
NOW THEREFORE, in consideration of the premises and in order to carry on
the intent zmd 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 concarn-
ing the subject matter of this agreement are hereby referred to and lncoroorated
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 f{ncluding but not limited to Chapters 12A. 19. 20. 21
and Res. 76 -41 and 76 -47. thereof pertaining to local improvement procedures in
subdivision or development respectively); Ordinance No. 602 (Subdivision Procedure.
etc.); Ordinance No. 71' (Zoning Ord.); Ordinance No. 1768 (1973 Uniform Building
Code); Rules and Regulations. Included in the above are all of the above referred
;.o Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as
a,fiended to the time of execution of this agreement.
/-
7-:K8
J ,
SFCT MU I
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 $ 102,000.00 . and shall guarantee the
faithful] performance of this agreement; one shall be executed In an
amount no ler-s 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 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 re-
ferred to above, being attached hereto, are hereby Incorporated herein and
expressly made a part of this agreement.
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
-2-
obligations hereunder and the City, at its election. may enforce the perfor-
mance of any provision herein, or any right 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.
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 of final determination upon comple-
tion of the work.
FACILITY
DEVELOPMENT COSTS
CITY'S
COSTS
BALANCE
a. Easements 6 Rights
of way "On Site"
$ 100 %
$
0
$
100 %
b. Easements 6 Rights
of way "Off Site"
$ 100 %
$
U
$
100 %
(2,878,60)
C. Water "On Site"
$ 0
$
0
$
0
d. Water "Off Site"
$ 17,669.38
$
0
$
17,669.38
(3226.15
e. Sewer "On Site"
$ 0
$
0
$
0
f. Sewer "Off Site"
$ -
$
_
$
_
W/ Building Permit
Based on use
-3-
S ($i4o5) S a $�.
g.-Storm Drainage _
"On Site"
h. Storm Drainage
"Off Site"
$ 15,245.55 $,
G
$ 15,2Y5-55
1. Engineering. Inspec-
tion. & Plan Check.
4% x$ 101,794.49 $ 4071,78 S 0 $ 40,71 .72
J. Street Tree
Planting
With Buildin
Permit
k. Construction Water,
Dust Control 8
Earthwork
1. Street Paving
m. Street Curb E
Gutter
n. Sidewalks
o. Street Name Signs
p. fire Hydrants
"On Site"
$ Werred S 0 $ Deferred
$ 276.94 S -0 $ 27(, Q,,.. 4 —
(4680.00)
$ 0 S _0 S .0
$ 100 % S 0 S�0 Y.
$ 100 % $ 0 $ inn
$ 100 % $ 0
$ 100% $ 0 S aa/.
-4-
q. Strvct t.IghtI119 a _
CUE
DUE
WET
III I /IT�IESS U1IEREOF, said
executed the date and year fly;
ATTEST:
WAS
N
r.fY BY DEVELOPER $ 37, 263.65
DEVELOPER BY CITY -D'
DUE CITY S 37,263.65
parties have caused these presents to be
it above written.
CITY OF GILROY
DEVELOPER
'W'WT37, S-�P'010 Md
by
DATE & &.„
DOTE: If Developer is a corporation, the complete legal nape and corporate
seal of the corporation and the corporate titles of the persons
signing for the corporation shall appear above.
tatt of California lSS On tjjjg .........day of November � the year One Thousand
Uutp of slanuda J r -1st ..... ......_.._....w _.._.._� .............. . ..
Nine Hundred and............................................... before me ... Mary W . Davi
................ _ .
a Notary Public in and for the County of Alameda, State of California, residing therein, duly
commissioned and sworn, personally appeared ......................................................... ...............................
MALCOLM R. RILEY
...............................................•---...................................---....---...-•-----•-----••--••----•-••-..............---•-•--
----•• .......................••-----.............................. ............................... ....... . ......... .. ........... ------ ..... -• - - -•
OFFICIAL SEAL known to me to be one of the partners of the partnership that executed the within instrument,
MARY W. DAVI and acknowledged to me that such partnership executed the same.
NOTARY PUBLIC CALIFORNIA ♦
ALAMEDA COUNTY J n Nittaron 1140 rraf, I have hereunto set my hand and affixed my official seal, in the
` �
My Commission Expires Oct. 15,1982 ♦ Count of..........Alameda
° ° °° . °• ...........the day and year in this
certificate first above written.
....................................................................... ............................... , ........... ..........-R .............. LI....
P 1'NSiMW ACINOWLEDGIMIT .. .....:.............. _• -• -•- ............NOTA.. Y PUBC
Form x1r26X -8a PICA, Oakland. California Oakland, Calif. In and for said County of .................... ............................... State of Callfornta
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
Location of property
Assessor's Parcel # 841 -16 -71
Tenth C Chestnut
No. 6
Date 11/6/79
Initialed RWF
COST SCHEDULE
1. Front Foot Water Charges
370'
4464 LF @ (7.78) /F.. F. = 75 ^^ $ 0 %
2. Front Foot Sewer Charges
5.63
10" s/s (571) LF @ (5.65) /F.F. = 3,226.15 $ 0,%
3. Front Foot Storm Charges
(240)
1811 SO -(24)) LF @ -(rte / F . F . $ 0
4. Front Foot Street Improvements
Width
(15) (390) SF @ (•80) /S.F. = 4,680.00
5. Front Foot Curb & Gutter Charges
LF @
6. Area Water Charge
(17.564) Acres @ (1,006) /Ac. _
Changes per Bill Henry /Dave Hansen 11/6/79
See Stipulations # 3 & 4
$ 0 *
$ 17,669.38
Malcolm R.
Riley Co. 1- 213/820 -5890
Name of
Applicant
„c►,� !S-RR Vi
rneeRte 131-MIA,
Los AngelPs, Ca 90049
a�� ,
Address
(Developer
- "K- Mart ", Long's, D. S. & Lucky Store)
Type of
Development
Proposed Commercial
- Retail
Area
17.564
Storm Drain A - $868/Ac.
Chestnut
St. 50.7
460' w
- 370'
Frontage
Tenth St.
390' (paving)
sus
doesn't drain site
Chestnut St. Imp.
Dist.
(750.78)($12.23) = 9182.03
From Engineer's Rept:
COST SCHEDULE
1. Front Foot Water Charges
370'
4464 LF @ (7.78) /F.. F. = 75 ^^ $ 0 %
2. Front Foot Sewer Charges
5.63
10" s/s (571) LF @ (5.65) /F.F. = 3,226.15 $ 0,%
3. Front Foot Storm Charges
(240)
1811 SO -(24)) LF @ -(rte / F . F . $ 0
4. Front Foot Street Improvements
Width
(15) (390) SF @ (•80) /S.F. = 4,680.00
5. Front Foot Curb & Gutter Charges
LF @
6. Area Water Charge
(17.564) Acres @ (1,006) /Ac. _
Changes per Bill Henry /Dave Hansen 11/6/79
See Stipulations # 3 & 4
$ 0 *
$ 17,669.38
7. Area Offsite Storm Drainage Fees
17.564 Acres � $868 /Acre =
8. Offsite Sanitary Sewer Fees
9. Recreation Fees
@ / = Old Cost Estimate
Chestnut 30,593
10. Engineering Plan Check R Inspection Tenth 58,417
Update Factor 01010
4% x 80,010 x 19293 =
16835
11. Water Meter Charge
Meter 0 =
12. Electroliers
Relocate 1 Electrolier
LF @ _
13. Fire Hydrants
LF @ _
14. Construction Water
$0.15 /LF + 5.65 /Acre = $177.70
(1184.70 x .15) +(5.54)(17.564) = 99.24
15. Street Trees $2
16. Traffic Signalization, etc.
17. Chestnut St. Assessment
18. " Offsite Safety Improvements '
Total =
STIPULATIONS See Attachments
-2-
�s 15,245.55
$ With Building Permit
N/A
$ 4,071.78
$ With Building Permit
100%
g 100%
276.94
$ *With Building Permit
$See Stipulation #1
$ See Stipulation #2 & 4
See Stipulation 4
$ 37,263.65
Stipulations to Development Costs for "K Mart" /South Valley Plaza Co.
1. Cost of traffic signal will be borne entirely by the developers of
commercial property on the basis of their proportion of acreage to the
total acreage of that commercial property developed after I October 1979
within the area bounded by Ninth Street on the North; Princevalle Storm
Drain on the South; South Valley Freeway on the East; and a line 400
feet West of the ultimate westerly right-of -way line of Chestnut Street
on-the West. The maximum reimbursement period for signal costs, will
be 15 years.
South Valley Plaza Co. shall within three months of completion furnish
to the City evidence of the signalization cost, (including islands,
returns, and the relocation of one electrolier) .
As additional properties develop commercially within this area, the
City will collect the proportional cost and,distribut it appropriately
to the then developed commercial property owners who had previously
contributed to the signalization costs. The amount to be collected shall
be based on the initial cost compounded annually with a 6% interest
rate starting from July Ist, 1980.
2. The assessment for Chestnut Improvements presently amount to $9182.
The developer shall pay off the assessment.
3. The project will be required to pay for existing paving, water
mains, and sanitary sewer along its Tenth Street frontage. The City's
preliminary fee schedule shows this to be $12,900.00.
4. The Developer shall construct additional street and utility
improvements not fronting upon the site which are necessary as a result
of the development for public safety.
The Developer may recover the cost of these "offsite" improvements in
the following manner.
The cost of these improvements (estimated to be $22495) shall have
applied to it a credit in the amount The Assessment for Chestnut Street
Improvement ($9182) and a credit in the amount of the charge for existing
facilities on Tenth Street ($12,900.00) the balance due the developer
($22495 - $9182 - $ 12900 = $413) shall be reimbursed to him upon the
development of the lands which front the "offsite" improvements being
installed, provided that such development takes place within ten (10)
years of July I, 1980.
5. THE LIFT STATION SHALL REMAIN in the ownership of South Valley Plaza
Co. and shall be tied into an alarm system thru the city police department.