Westwind Development and Sierra Alder Dey, Inc.PROPERTY DEVELOPMENT AGREEMENT #81 -6
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 18th day of May
19 81 , by and between the City of Gilroy, a municipal corporation, herein called
the "City" and Westwind Dev. Inc and Sierra Alder Dev. Inc , a real property owner
developer 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:
Lands of Woolworth
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, Resulutions and Regulations,
it is agreed by and between the parties as follows:
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 Chapters 12A, 19, 20, 21
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. 711(Zoning Ord.): Ordinance No. 1768 ( 1973 Uniform Building
Code): Rules and Regulations. Included in the above are all of the above referred
to Codes, Ordinances, Resollutions, Regulations and.Substitutions thereof, as
amended to the time of execution of this agreement.
'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, Ordin-
ances 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 $84'726.00 , 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 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
CN:
obligations hereunder and the City, at its election, may enforce the performance
of any provision r ;-ein, 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 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 land are subject to final determination upon comple-
tion of the work.
FACILITY
a) Engineering Map Checks
Subdivisions $167.00 + $2.50 (n)
Parcel Maps $ 70.00 + $2.50 (n)
n= Number of lots
b) Engineering Plan Check
and Inspection
4% x $ 84179A nn
c) Miscellaneous.Engineer
Service
No.of hours x $25.00
3 hrs x $25.00 /hr
d) Public Works Microfilming
$5 /Sheet (Maps and Plans)
$5.00/sheet x 4 sheets
e) Fire Hydrant Location Fee
$25.00 for the first hydrants
+ 2.50 for each additional
2 hydrants
f) Area Water Charge
I.813Acres @ $ 1372 /Acre = $2487.00
Acres @ $ /Acre
$2487.00- $96o.00-, =1527
-See Calculation sheet.
-3-
DEVELOPMENT COST
$ N.A.
$ 3389.00 ,.
$ 20.00
$ 25.00
C 9 L,R7 nn
g) Construction Water
269 LF @ $0.30 /1-F + 1.813 Acres @ $11.30 /Acre
h) Off -Site Storm Drainage
1.813 Acres @ $868 /Acre
Acres @ /Acre
Dictrict "A"
i) Front Foot Water Fee
LF @ /LF
j) Front Foot Sewer Fee
265 LF @ _$8 /LF
To be reimbursed to
Monier Tile Co.
Q Front Foot Storm Drain Fee
LF @ /LF
1) Street Paving
SF @ /SF
m) Curb and Gutter
LF @ /LF
n) Galvanized Pole Electroliers
LF @ $ /LF
o) Electrolier Conduit
LF @ $ /LF
-4-
$ 101.00
$ 1574.00
MM W.I.TTI
$ By Developer
$ By Developer
$ By Developer
$ By Developer
$ By Developer
p) Tre -hqd,
LF @ $ /LF
q) Utility Pole Mounted Electrolier
LF @ $ AF
r) Easements and Rights of Way
"On Site"
s) Easments and Rights of Way
"Off Site"
t) Other
$ N_ A-
'$ 100%
,.
DUE CITY BY DEVELOPER $ 9791.00
DUE DEVELOPER BY CITY $ 960.00
NET DUE CITY $ 8831.00
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
, ww"',
/City Clerk
NOTE:
DEVELOPER
WESTWIND DEVELOPMENT INC.
BY ,A _ J - � Pressdent
S A VE OPMENT, MC.
- —�/ President
DATE
If Developer is a corporation, the complete legal name and corporate seal
of the corporation and the corporate titles of the persons
-5-
CITY Of GILROY
DLVEL0VMLIJT COST SCHEDULE
No. 81 -6
Date 3 -30 -81
Initialed S. D -L.
Location of property East side at the end of Brem Lane.
Assessor's Parcel !!
Naive of Applicant Westwind Dev._Inc. /d Si raAlder Dev. Inc
Address _ZO.Camden Ave. Campbell,
Ca. 95008
Type of Development Prt,posed
Industrial
Area 1.813 Acres
Storm DrainDistrict
"A"
_
Street Frontage
Engineering Map Checks
01 -100 -1100 - 6004 -II
$ N.A.
Subdivisions r
(n)
Parcel Mop
(N)
N = Number of tuts
Engineer Plan Check and Inspection
01 -100 -1100 - 6004 -12
$ 3389
4% x $
-c
X = Cost off ' U )'ii improvements
Miscellaneous Engineer Service
01 -100 -1100- 6004 -13
$
No of hours X(25-00)
7�
3. hrs,.
Public. Works Microfilminy
01-100 -1100- 6004 -14
$ 20
$$ /Sheet (maps and plans)
x 4 sheets
Emergency Services
01- 100 - 1100 - 6004 -15
$ N.A.
No. of hours x ( )
Fire Hydrant Location Fame
01 -100 -1100- 6002 -01
$ 25
$25.00 for the fir,.t 5 hydrants
+
$ 2.50for each additional
hydrant (2 hydrants)
Area Water Charge
03- 300 -1300- 7203 -00
$ 1527
1.813 Acres P $1372
/Acre = $2487 -$960;
Construction Water
07-720 -1900- 8001 -00
$ 101
269 LF P $0.30 /1-F
1.813 Acres Y$11.30 /Acre
-See calculation sheet.
Oil - Sit.- `term DI.,ill
02 -2.'()- 1 100 /202-()()
"A"
5U 8 /A,-
02-27()- 1 ;500- %'U;' -o I
"A -I"
$3000 /Ac
02- 2.' 1 - 1 300- /:10:' -oo
"b"
624/AC
02 -222- 1300 - 7202 - -t1()
"C"
/59/Ac
02 -223 - 1 300 - /:102 -6()
"D"
720 1Ac.
02- 214-1300- 7202 -00
"E"
;117 /Ac
02-225 -1300- 7202 -00
"F"
868/Ac
1.813 Ac.rc�, (,,$
868
Front Fuut C11.irc�e�
WJtc r
L F l� $
Sewer
265 L $8.00
Sturm D i a i n
SLreet ImprovcmentS
Pavement
SF
Cw $
Curb E Gutter
LF
Lj$
SldcwdIk
SF
Gdl.Pole
E Icctrol ier
LF
h'$
Electrolier
_
Condu i t
$
F re llydrant
LIB
la $
-2-
FA
Di,Lrl,-1
"A"
5U 8 /A,-
District
"A -I"
$3000 /Ac
District
"b"
624/AC
District
"C"
/59/Ac
District
"D"
720 1Ac.
District
"E"
;117 /Ac
D i S L I- i C L
"F"
868/Ac
/Acre.
02- 230 - 1300 - 7204 -00
/LF
02- 230 -1300- 7205 -00
/LF
02- 230 -1300- 7207 -00
/LF
02 -230- 1300 - 7206 -00
/SF "
$
/SF =
$
/LF _
$
/LF =
$
Wood Polc Mounted Electrolier 01 -100 -1100- 6004 -20
—_ _LF �y $ - /LF
Public Work, Cash Bondi and Dcpo,itt, 08- 800 -1100- 6004 -02
OLhcr
$ 1574
$ 2.120
To be reimbursed
to Monier Tile Co.
$ By Developer
$ By Developer
$ N.A.
C
TO1AL $ 8831
c 3 7 7
02 -2.'t► 1 tuu J202 -00
02-220 -I 00- /2U:' -01
02- 22 1 - 1 300- /:'0 :' -00
02 -22'- 130c)- 02
- 7'--00
02- 223 -1100- /202 -U0
02- 224- 1 _JOo -/20 2 -00
02- 225 - 1300 - 7202 -00
1.813 A,. re s (, $ 868
Frunt Fuut Ch.ii cjes
WaI.CI-
LF l�$
Sewer
`265 - - -- L F l °$8.00
-2-
Di s t r i c t
"A"
$ii(,8 /A(-
District
"A -I"
$3000/Ac
DiStriCL
"t)"
624// \C
District
"C"
759/A(_
DiStriCL
"U"
72011\(-
District
"E"
547/1 \c
D i S L f i C L
"F"
868/1\(-
/Acre
— _
Sidewalk
02- 230 - 1300 - 7204 -00
/LFFp
08-803o- 1 f3ge6��65026fl
/LF
Sturm Drain
02- 230 -1300- 7207 -00
l_F y
/LF
Street (ml>ruvenrunts
02- 230 -1300- 7206 -00
PavcIIlent
L$
/SF = $_
_
Curb & Gutter
_SF
Li$
/LF = $
— _
Sidewalk
_LF
$
_ _
/SF = $
_
GaI.Pole -^
_SF
E IecLrul ier-
L
L = $
EIeCtrul ier
-
- -i
--
Coiidu i t
L 1
l� $__
/L F =$
A
F re hydrant
LF
t� $
_
/LF $—
Wood Pule Mounted Electrulier
01- 100 - 1100 - 6004 -20
/LF
Public Wm kl , Cash Build-. and
Uul,us i is
08- 800 - 1 100- 600', -02
Other
9
Ir
$ 1574
$^ By Developer
$ 2.120
To be reimbursed
to Monier Tile Co.
$ By Developer
$ By Developer
$ N.A.
C
TO1AL $ 8831 _
STIPULATIONS LANDS OF WOOLWORTH AGREEMENT
l.) Locate and properly dispose of any wells, septic tanks and under
ground fuel facilities.
NOTE: The capping of any well will require inspection by the
Santa Clara Valley Water District.
2.) All work within the public right of way shall be subject to the
approval of the City Engineer.
3.) Before construction utilizing combustible material may proceed
an all weather access must be provided to 150 feet of the build-
ing site; and at least one in service fire hydrant must be avail-
able within 500 feet of each portion of the site wherein this
construction is to take place.
4.) Improvements to Brem Lane have been deferred until January, 1982
as per previous agreement.
5.) The private ingress /egress easement shall be improved to City
Standards and specifications.
SIERRA ALDER DEVELOPMENT, INC.
/Preisdent
Signed
Mkt 8062
April 2, 1981
ONSITE
1. Grading 1280
2• 2" AC /6" CL II A.B. 17080
3• Catch basin 2
SUB TOTAL $ 77,024.00
10% CONTINGENCY 7,702.00
TOTAL ( OFFSITE) $ 84,726.00
C.Y. $
2.50
OFFSITE
S.F.
0.90
15,372.00
Each
COST ESTIMATE
1,300.00
SUB TOTAL
WOOLWORTH SITE PLAN
(PCL 2 & 3)
1,987.00
ITEM
DESCRIPTION
UANTITY
UNIT
UNIT PRICE
TOTAL
1.
Grading including grade
drain
to 9950
S.F.
$ 0.15
$ 1,493.00
2.
3.
4•
5•
6.
7.
8•
9.
10.
11.
12.
13•
14.
15.
16.
17.
18.
19.
Std. Curb & Gutter
3" AC on 8" CL II A.B.
6" VCP Stub
8" VCP
S.S. Manhole
12" D.I.P.
8" D.I.P.
Fire Hydrant Assembly
Catch Basin
Area Drain
Clean Out
Outfall structure
18" RCP
12" RCP
18" CMP incl collar
2" services with meter
S.D. Manhole
Electrolier
575
8428
5
545
2
320
320
2
2
1
1 .
1
1216
.
28
20
2
2
1
L.F.
S.F.
L.F.
L.F.
Each
L.F.
L.F.
Each
Each
Each
Each
L.S.
L.F.
L.F.
L.F.
Each
Each
Each
7.50
1.30
8.00
10.00
900,00
22.00
16.00
1,500.00
650.00
550.00
250.00
3,500.00
22.00
15.00
22.00
550.00
11000.00
1,500.00
4,313.00
10,956.00
40.00
5,450.00
1,800.00
7,040.00
5,120.00
3,000.00
1,300.00
550.00
250.00
3,500.00
26,752.00
420.00
440.00
11100.00
2,000.00
1,500.00
ONSITE
1. Grading 1280
2• 2" AC /6" CL II A.B. 17080
3• Catch basin 2
SUB TOTAL $ 77,024.00
10% CONTINGENCY 7,702.00
TOTAL ( OFFSITE) $ 84,726.00
C.Y. $
2.50
$ 3,200.00
S.F.
0.90
15,372.00
Each
650.00
1,300.00
SUB TOTAL
$ 19,872.00
10% CONTINGENCY
1,987.00
TOTAL ( ONSITE)
21,859.00
TOTAL
( OFFSITE)
84,726.00
GRAND TOTAL
$ 106,585.00