Wal-Mart Store - PDA No. 92-50—I
. �1a'anae E. Steinmetz, City Cleo 11834803 1� �'�'F /
City.of Gilroyh FILE D' r_;;��iu
7351 Rosanna Street H`CF y"—, AT RE ST 0c
Gilroy, CA 95020 —' —'� GRA NMR
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NCR 19 9 20 AN '93
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PROPERTY DEV 'PLGF%r1EMENT
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COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
LAURIE, KANE
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AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
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IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS,
STORM
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DRAINS
AND OTHER PUBLIC WORKS FACILITIES
No. 92 -50
J
This agreement made and entered into this 19th day of January
19 93 , by and between the City of Gilroy, a municipal corporation, herein called the
"City" and WalMart, 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:
APNs 841 -69 -005 (portion), 007, 008 and 014 (portion) 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 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
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, the current zoning Ordinance, and the currently adopted Uniform Building Code.
SECTION 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 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.
-1-
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M688PAGE 19
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 $ 114o Old and
the other shall be executed in an amount no less than 90$ 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 Government 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 (1) year 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, shown in Section 9 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 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.
SECTION 6
That 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.
SECTION 7
That this agreement, together with the attached stipulations, is an instrument
affecting the title or possession of the real property described in Exhibit A. All
the terms, covenants and conditions herein imposed shall be binding upon and inure to
the benefit of the successors in interest of Developer. Upon the sale or division of
the property described in Exhibit A, the terms of this agreement shall apply separately
to each parcel and the Developer of each parcel shall succeed to the obligations
imposed on Developer by this agreement.
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M�88PAGE 1120
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed:
Peak water use not to exceed:
7000
14000
gallons per day
gallons per day
The City will attempt to provide additional capacity at the then current rate.
If additional capacity is not available, the Developer agrees to maintain sewer and
water use at or below the amounts purchased.
The Developer shall have the option of measuring sewer effluent by:
a. Installing and maintaining a sewer effluent meter. Said meter shall
meet City Standards and specifications, or
b. Measuring the building's water consumption through the water meter.
Irrigation meters are required.
PENALTY:
Overuse of sewer and water allocations shall be penalized under the Rules and
Regulations adopted by the Gilroy City Council.
SECTION 9
That the following General Stipulations and the attached stipulations shall be
completed subject to the approval of the Director of Public Works.
1. Locate and properly dispose of any wells, septic tanks and underground fuel
storage facilites.
NOTE: The capping of any well will require inspection by the 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.
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.
Location of the fire hydrants will be determined by the Fire Chief.
SECTION 10
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
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M688; 'cL 1721
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTE
City Clerk
Susanne E. Steinmetz
FORM APPR VED:
City Attorney
Linda A. Callon
WAL -MA ,
BY
Michael R. N
BY
Sey Young, As is
DATE January 6. 1993
C.
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an{rISekret
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.
C O R P O R A T E A C K N O W L E D G M E N T
STATE OF ARKANSAS
SS
COUNTY OF BENTON
Be it remembered that on this & day of , 1993, before
me a notary public in and for the county and state aforesaid, came Michael R.
Nelson, Assistant Vice President of Real Estate, and Sey Young, Assistant
Secretary, of Wal -Mart Stores, Inc., a corporation, who is personally known to
me to be the person who executed as such officer the within instrument of
writing on behalf of such corporation, and such person duly acknowledged the
execution of the same to be the act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notary
seal the day and year last above written.
7
(SEAL) Dor thy L. Jen en
Notary Public
Residing in Benton County
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M688PAGE 1122
ADDENDUM TO PROPERTY DEVELOPMENT AGREEMENT
This Addendum to Property Development Agreement ( "Addendum ")
is an addendum to that certain Property Development Agreement
(Commercial, Industrial, Institutional) (No. 92 -50) dated January
19, 1993 ( "Development Agreement ") , by and between the City of
Gilroy, a municipal corporation ( "City ") , and Wal -Mart Stores, Inc.
( "Developer ").
The parties acknowledge that City and Developer are parties
to that certain Agreement dated November , 1992 ( "Offsite Costs
Agreement "), pertaining to the payment by Developer of certain fees
in connection with certain off -site improvements to be made by
City. City and Developer acknowledge and agree that the terms and
provisions of the Development Agreement in no way modify, amend,
supersede or otherwise affect the terms or provisions of the
Offsite Costs Agreement (including the rights or obligations of
City and Developer thereunder), and that the fees payable by
Developer under the Development Agreement are not part of the
" Offsite Fees" payable by Developer under the Offsite Costs
Agreement.
CITY'S INIT
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688PGE 1724
CITY OF GILRO ' No. 92 -50
DEVELOPMENT COST SCHEDULE ------- - - - - --
ESTIMATE Date
2 - Dec - 92
Prepared by M. Fachin
NOTE: This 100 % cost schedule has been adjusted to the rates in
effect at the time Building Permits were issued.
Location of Property 7900 Arroyo Circle
-----------------------------------------------------
Assessor's Parcel No. 841 -69 -005 (por) , 007, 008 & 014 (por)
-----------------------------------------------------
Name of Applicant Wal -Mart Stores, Inc.
-----------------------------------------------------
Mailing Address 701 South Walton Blvd., Bentonville, Ark. 72716
--- --------------------------------------------------
Dev Type: Comm? Y/N Y SF Res? Y/N N Other? Y/N N Storm Drn Cl
Ctry Est Water? Y/N N Obata Industrial Park Credits? Y/N N
Ctry Est Sewer? Y/N N Northwest Quadrant Sewer Connect? Y/N N
No. Units 0 Number of Units or Lots Used in Estimate 0
Total Area 13.708 Acres Number of Acres Used in Estimate 13.708
Actual FF 470.28 Feet Front Footage used for FF Charges 470.28
Front Footage used for Cost of Improvements and Const Water 470.28
Commercial/Industrial Sewer ( GPD ) 7000 Water ( GPD ) 14000
Special Public Works Services 100- 2600 -3- 600400 2352.00
Maps: 100% 2352.00
Final $2,787.00 +
Parcel $604.00 +
$50.00 /lot
$100.00 /lot
N $0.00
N $0.00
Reapportionment (Assessment District Parcels)
First Two $100.00 + $0.00 /ea additionalN $0.00
Miscellaneous Engineering Services:
(Cost Schedules, Agreements, R/W Reviews and Other Misc. Services)
30 hr Misc Eng Ser @ $70_00 /hr.
Public Works Microfilming (Maps and Plans):
1- 6 sht $142.80 + $6.30 /sheet
7 -12 sht $182.70 +
13 -18 sht $222.60 +
# of Shts 11
COST SCHEDULE
$6.30 /sheet
$6.30 /sheet
(1)
2100.00
$0.00
252.00
$0.00
Engring Plan Check and Inspection
100 - 2600 -3- 600412
$15,552.16
(Based on total cost of public
-----
--- ----
right -of -way improvements)
100%
$15,552.16
Actual Cost of Public Improvements
116,902.00
10% of first $100,000
10,000.00
8% of $100,000 - $200,000
1,352.16
7% of over $200,000 $0.00
----- - - - - --
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plus 60 hours @ 70.00/hr. for grading
4,200.00_
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Fire Hydrant Location Fee
— —
Number of additional hydrants
0
Fst Five $43.07 + $4.31
/ea additionalN $0.00
-----------
v
Storm Drain Development Fee
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Zone A $2,216.82 / ac.
420 - 2600 -3- 680200
$0.00
100%
$0.00
Zone A -1 $4,418.71 / ac.
420 - 2600 -3- 680200
$0.00
100%
$0.00
Zone B $2,076.34 / ac.
421 - 2600 -3- 680200
$0.00
100%
$0.00
Zone C $3,535.99 / ac.
422 - 2600 -3- 680200
------
$0.00
- - - - --
- _.
100%
$0.00
Zone D $2,193..17 / ac.
423 - 2600 -3- 680200
$0.00
100%
$0.00
Obata Industrial Park Credits
(Based on reimbursements due from
oversized storm facilities)
Obata $1,170_00 / ac.
$0.00
Storm Development Fee Credit
------- - - - - --
Zone E $1,652.28 / ac.
424 - 2600 -3- 680200
$0.00
100%
$0.00
Zone F $3,.051-34 / ac.
425- 2600- 3- 68020a
$0.00
100%
$0.00
Zone Q $2,774.18 / ac.
426 - 2600 -3- 680200
$0.00
100%
$0.00
Zone R $1,387.57 / ac.
427 - 2600 -3- 680200
$0.00
100%
$0.00
COST SCHEDULE (2)
Front Foot Charges:
(Used to charge and reimburse fees for existing infrastructure)
Are these charges or reimbursements? C/R R
Water 430 - 2600 -3- 680400 $0.00
or 801 - 2680 -3- 680000 ------ - - - - --
Water Mains, including valves and box: 100% $0.00
(Developer is responsible for up to
and including 12" mains)
Half Pipe
6 " Main $8.50 / f.f. x
8 " Main $11.32 / f.f. x
10 " Main $13.02 / f.f. x
12 " Main $17.55 / f.f. x
Fire Hydrants:
Half Price
Resident $3.12 / f.f. x
Comm /Ind $4,.16 / f.f. x
Country Estates Water System
Resident
(Not Included)
Sewer
Front Footage
N 0 = $0.00
=------- - - - - -- ----- - - - - --
N 0 = $0.00
=------- - - - - -- ----- - - - - --
N 0 = $0.00
=------- - - - - -- ----- - - - - --
N 0 = $0.00
=------- - - - - -- ----- - - - - --
Front Footage
N 0 = $0.00
N 0 = $0.00
=------- - - - - -- ----- - - - - --
Sewer Mains, including manhole:
(Developer is responsible for up to
and including 12 mains)
$0.-00
430 - 2600 -3- 680500
or 801 - 2680 -3- 680000
$0.00
100% $0.00
(Not Included)
Country Estates Sewer Trunk Main
Resident or Commercial /Industrial $0.00
(Not Included) -- -------- ---
COST SCHEDULE (3)
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Half Pipe
Front
Footage
- - - - --
6
---- - - - - --
" Main $11.05
/
f.f. x
--------
N
0 =
$0.00
- - - - --
8
" Main $12.46
/
f.f. x
=-------
N
- - - - -- -----
0 =
$0.00
- - - - --
10
" Main $13.60
/
f.f. x
=-------
N
- - - - -- -----
0 =
$0.00
12
" Main $14.72.
/
f.f. x
N
0 =
-- -----
$0.00
- - - - --
Northwest Quadrant
Sewer Trunk
=-------
Main
- - - -
$0.00
(Not Included)
Country Estates Sewer Trunk Main
Resident or Commercial /Industrial $0.00
(Not Included) -- -------- ---
COST SCHEDULE (3)
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60 " Main $65.69 / f.f. x
N 0 = $0.00
=------- - - - - -- ----- - - - - --
72 " Main $139.29 / f.f. x
N 0 = $0.00
84 Main $151.19 / f.f. x
N 0 = $0.00
rn
=------- - - - - -- ----- - - - - --
m
96 Main $159.68 / f.f. x
N 0 = $0.00
co
-------- - - - - -- ----- - - - - --
-a
Utility Underground Fee
431 - 2600 -3- 680300
$0.00 c�
Front Footage 100%
$0.00 v
-------- - - - - --
N
$111.87 / f.f. x
N 0
v
Santa Teresa Blvd. Improvements
433 - 2600 -3- 681000 N
$0.00
$1,610.75 / dewelling unit 100%
$0.00
Sewer Development Fee
435 - 2600 -3- 671000
57,750.00
100%
57, 750.00
Resident $2,186.00 / unit
N $0.00
Duplex $3,300.00
N $0.00
Triplex $4,950.00
N $0.00
Aptments (4 or more) $1,650.00
/unit N $0.00
Mobile Home Park $1,897.00
/space N $0.00.
Commercialfindustrial /Motels/
= --- -- --- ---
Hotels $825.00 f 100
gals. /day or Y 57,75 -Or.00
$2,186.00 , whichever is
greater =----- - - - - --
Obata Industrial Park Credits
(Based on reimbursements due from
oversized sewer facilities)
Obata. $531.00 / ac.
$0.00
Sewer Development Fee Credit
------ - - - - - --
Water Development Fee
436 - 2600 -3- 695000
15,722.00
100%
15,722.00
Resident $1,075.00 / unit
$0.00
Comm /Ind $1,123.00 / 1000 gals
Obata Industrial Park Credits
(Based on reimbursements due from oversized water facilities)
Obata $154.00 / ac. $0.00
Water Development Fee Credit ----- -- - - - - --
COST SCHEDULE (,94
Water User Fee (Construction) 720 - 0433 -3- 690000 Y 4,690.96
100% 4,690.96
$3.44 / f.f. + $224.19 /a.c.
* Bonds and Securities 801 - 2680 -3- 680000 * 175,353.00
* Not included in TOTAL DUE -- ---- ------
(est)
TOTAL DUE CITY 96,067.12
100% 96,067.12
100% total may not be exact due to
rounding of individual fees.
NOTE: All deferred and /or estimated fees will be adjusted to the rates in
effect at the time Building Permits are issued. The undersigned
agrees to provide actual construction costs for recalculation of
fees and pay any underestimated fees prior to final acceptance. If
the recalculated fees are less than the estimate, the City of
Gilroy will refund the difference.
Accepted by:
Date: Zanctar$e
COST SCHEDULE A5
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