Walton, Gary - PDA No. 93-11!rk Susanne E. Steinmetz, City C1E
11860032 �aG3
City of Gilroy
7351 Rosanna Street ®
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Gilroy, CA 95020
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PROPERTY DEVELOPMENT AGREEMENT
TED MP cvr RCIAL INBUSTRIAL
Oct
5
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM 93 -11
DRAINS AND OTHER PUBLIC WORKS FACILITIES No.
This agreement made and entered into this 5th day of April
19 93 , by and between the City of Gilroy, a municipal corporation, herein called the
,,City" and Gary Walton , 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:
8510 Kern Avenue APN 790 -42 -045 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 Resol ^*loas_$nd-certs.in 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.
Be
M720PAGE0382
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 $ 3,032.-04 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 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.
-2-
M72OPAGE0383
,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:
N/A gaiis"M PON day
NSA
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. The sidewalk work along Hoesch Way shall be finished
within sixty (60) days after the subject parcel maps are recorded.
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
-3-
$ 583.20
M7z0 PAGE 0384
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
A.
14 us
tATTE
Susannebe'. Steinmetz
FORM APPROVED:
City Attorney
Linda A. Callon
CITY OF GILROY
DEVELOPER
CAR Y/ LUALT 6
BY
BY
DATE � Al
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.
(Single Form)
Effective 1/ 1/91
STATE OF CAL ORNIA
COUNTY OF
QnTA 0'L'qX0q Ss.
On arch ) &j 10 43 ,3 before me, t e undersigned, a Notary Public in and for said State,
personally appeared W a L ro
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/
her /their authorized capac' ies), and that b is /her /their signature(s) on the instrument the person(s), or the
entity upon behalf of whi t e persons) a e ecu te
d the instrument.
WITNESS my h official al. L (,) ;_A wr
Signature ANI �
Name / / I T
(typed or printed)
FTG -3197
-4-
(This area for official notarial seal)
M72OPAGE0385
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VICINITY SITE MAP
8510 Kern Avenue
APN 790 -42 -045
M720PAGE0386
CITY OF GILROY No. 93 -11
DEVELOPMENT COST SCHEDULE --- ---- - - - - --
ESTIMATE Date 12- Mar -93
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 8510 Kern Ave.
-----------------------------------------------------
Assessor's Parcel No. 790 -42 -045
-----------------------------------------------------
Name of Applicant Gary Walton
-----------------------------------------------------
Mailing Address P.O. Box 1265, Morgan Hill, 95038
-----------------------------------------------------
Dev Type: Comm? Y/N N SF Res? Y/N N Indust? Y /NN Storm Drn X
(C1,C2,C3,HC,CM,PO) NNHigh Dns? Y/N N (M1 or M2) NN
Ctry Est Water? Y/N N Obata Industrial Park Credits? Y/N
Ctry Est Sewer? Y/N N Northwest Quadrant Sewer Connect? Y/N
No. Units 0 Number of Units or Lots Used in Estimate
Total Area 0.000 Acres
Actual FF 0.00 Feet
Front Footage used for
Commercial /Industrial:
Bld (SF) 0
Number of Acres Used in Estimate
Front Footage used for FF Charges
Cost of Improvements and Const Water
Sewer (GPD) 0 Water (GPD)
Special Public Works Services
Maps:
Final
Parcel
$2,787.00 +
$604.00 +
$50.00 /lot
$100.00 /lot
iii
N
0
0.000
0.00
0.00
0
100 - 2600 -3- 600400 $280.00
100% $280.00
Reapportionment (Assessment District Parcels)
$1,102.00 + $100.00 /lot
N $0.00
N $0.00
N $0.00
Miscellaneous Engineering Services:
(Cost Schedules, Agreements, R/W Reviews and Other Misc. Services)
4 hr Misc Eng Ser @ $70.00 /hr. Y $280.00
Public Works Microfilming (Maps and Plans):
1- 6 sht $142.80 + $6.30 /sheet $0.00
7 -12 sht $182.70 +
13 -18 sht $222.60 +
# of Shts 0
$6.30 /sheet
$6.30 /sheet
COST SCHEDULE (1)
$0.00
$0.00
M72O PAGE 0387
Engring Plan Check and Inspection 100 - 2600 -3- 600412
(Based 'on total cost of public
right -of -way improvements) 100%
Actual Cost of Public Improvements $3,032.00
10% of first $100,000 $303.20
8% of $100,000 - $200,000 $0.00
7% of over $200,000 $0.00
Fire Hydrant Location Fee
Number of additional hydrants 0
Fst Five $43.07 + $4.31 /ea additionaN $0.00
Storm Drain Development Fee
Zone A $2,216.82 / ac. 420 - 2600 -3- 680200
Zone A -1 $4,418.71 / ac.
Zone B $2,076.34 / ac.
Zone C $3,535.99 / ac.
Zone D $2,193.17 / ac.
420 - 2600 -3- 680200
421 - 2600 -3- 680200
422 - 2600 -3- 680200
423 - 2600 -3- 680200
100%
100%
100%
100%
100%
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
Zone F $3,051.34 / ac.
Zone Q $2,774.18 / ac.
Zone R $1,387.57 / ac.
425 - 2600 -3- 680200
426 - 2600 -3- 680200
427 - 2600 -3- 680200
100%
100%
100%
100%
COST SCHEDULE (2)
$303.20
$303.20
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Water User Fee (Construction)
$3.44 / f.f.
• Bonds and Securities
• Not included in TOTAL DUE
TOTAL DUE CITY $583.20
-------- - - - - --
100% $583.20
M72OPAGE8388
720 - 0433 -3- 690000
+ $224.19 /a.c.
801 - 2680 -3- 680000
N $0.00
100% $0.00
* $4,548.00
(est)
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: ��1 &f 3
COST SCHEDULE (et-5)