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Woolworth - PDA No. 87-13Susanne E.,Steinmetz,City Clerk NO FEE PER GC SEC 6103 K 2 5 3 PAGE 1 5 2 1 City of Gilroy , 1351 Rosanna St. Gilroy, CA 95020.��`�4]� �i - OPERTY DEVELOPMENT AGREEMENT k' �"D °�w 1 2� COMMERCIAL, INDUSTRIAL, INSTITUTIONAL c% AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: a� I IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS,RSTORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 87 =13 a T4 This agreement made and entered into this 3rd day of August,,EM-' 19 87, by and between the City of Gilroy, a municipal corporation, herein called the 11C7ty"r and WOOLWORTH (WAYNE COUCH) 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 eipproval and acceptance, covering certain real estate known as and called: APN 841 -15 -103 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 (including but not limited to Chapters 12A, 19, 20, 21 Res. 85 -9 and 76 -47, thereof pertaining to local improvement procedures in subdivision or development respectfully): Ordinance No. 83 -15 (Zoning Ord.): Resolution 85 -5 (1982 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. 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- K253PAGL1522 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, arid shall furnish two (2) good and sufficient bonds. One shall be executed in the face amount of no less than $ 95 000.00 , and the other shall be executed in an amount no less than 507 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. SFr.TinN i 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 ttre 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, tire terms of this agreement shall apply se.parntPly to each parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement. -2- K 253PA6EI523 SECTION 8 The Developer will pay for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity not to exceed: 5,000 gal per day. Peak water use not to exceed: 20,000 gal 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. CF.rTTnN in That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY CRD $ 20,327.30 K253PAGA524 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. City Attorne B' CITY OF GILROY BY DATE 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. GENERAL ACKNOWLEDGMENT 7110 122 State of CL 11 F(,' r n i a. On this the s (_/ Ia y of /`+ , 19� l before me, SS. County of I cx C, .c '� l���� the undersigned Notary Public, personally appeared + Notary's Signature -4- r r-+ NO. 201 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, UA 913b4 ., ❑ personally known to me l proved to me on the basis of satisfactory evidence °l eicTF E r. to the , to be the person(s) whose name(s) subscribed within instrument, and acknowledged that executed it. rl , _- WITNESS my hand atad-efficial seal. Notary's Signature -4- r r-+ NO. 201 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, UA 913b4 K 253PAGL1525 ADDITIONAL TERMS AND STIPULATIONS TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND WOOLWORTH DATED APRIL 20, 1987 1. This property is subject to flooding during a 100 year flood event. Precautions have been taken by elevating the lot pads and creating an overflow diverted around the property and to the street. The owners agree that this property has been protected for most events of flooding but also agree that additional measures are necessary. The owners will participate in future projects at the time other owners in the area particpate in an overflow to the Uvas Carnadero Creek. 2. The Developer acknowledges his responsibility to assure all elements of the infrastructure; street, water, sewer, and storm drainage systems; are functioning and will provide the necessary funds to correct any deficiencies until the expiration of the maintenance period. Said maintenance period may be extended by the City Council if any element of the infrastructure remains deficient. 3. The Developer agrees no building shall receive occupancy permits until all work in the public right -of -way is completed. 4. The Developer agrees to dedicate and improve to City Standards all streets and public improvements as shown on the Tract Map and plans. Accepted by: C; Title: Date: GENERAL ACKNOWLEDGMENT c-, t State of L Q (I -tc) r 0 1 Cc SS. County of �� I Fc, C 1C, ra I nio r 111;S A C 7 "t On this the , 36 day of 19-U, before me, the undersigned Notary Public, personally appeared ❑ personally known to me :proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITNESS my hand and off"I seal. 11� Notary's Signature NO. 201 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 Location of Property C L1 t OF G I L:tO'I Dr.VE7.i)P %IE,I'r COST S T 1 4 A 'r E Southwest corner of Mayock and Obata Wa K 253puc -1526 87 - -13 ):11-_,,__ 3 -24 -87 JBL As:;essor "s Parcel No. 841_15 -103 Naae of Applicant Woolworth (Wayne Couch) Address 15685 Monterey Street, Morgan Iii-1L, CA 95037 Type of Development Proposed Industrial Area 13.8487 Acres Storm Drain Area "D" Rv nPupl oner JLLCCL c L""a.u& — Special Public Works Services Engineering Map Check Final Maps $300.00 + $40.00 /lot Parcel Maps $375.00 + $31.00 /lot 5 number of lots Miscellaneous Engineering Services 6 hours x $41.00 /hr Public Works Microfilaing (Maps and Plans) 1 - 6 sheets $112.53 + $5.00 /sheet 7 -12 sheets $143.79 + $5.00 /sheet 13 -18 sheets $175.05 + $5.00 /sheet 5 number of sheets Wood Pole Mounted Electrolier FF @ $8.33/FF Engineering Plan Check and Inspection Cost of Public Improvements 10% of first $100,000 = 9,500.00 8% of $100,000- $200,000 = 7;a of over $210,000 = (Subject to change based on actual cost.) Storm Development Fee Area "A" $1,957_35 /Acre Area "A -1" $3,901.80 /Acre Area "B" $1,833.45/Acre Area "C" $3,122.34 /Acre Area "D" $1,936.61/Acre Area "E" $1,458.99/Acre Area "F" $2,694.39/Acre Area "Q" $2,449.65/Acre 13.849Acres @$ 1 936.61 /Acre 100 - 2600 -3- 600400 $ 913.53 (50 %) 456.77 $ 530.00 $ 246.00 $ 137.53 $ n a 100 - 2600 -3- 600412 S 9.500.00 P-L (50%) 4,750.00 $ 95.000,00 - 220 - 2640 -3- 680200 $ (507.) 220 - 2640 -3- 680201 $ _ (501) 221- 2641 -3- 680200 $ _ (50X) 222 - 2642 -3- 680200 $ (50X) 223 - 2643 -3- 680200 $ 10,616.55 �• (50X) 5.308.28 224 - 2644 -3- 680200 $ ----------.____ -_- (50x) 225- 2645 -3- 680200 $ (50 %) 226 - 2646 -3- 680200 $ (501) Photographic image may be K 2 5 3 paE 15 2 7 poor due to condition of original document Front Foot Char:,,-es Water - — inch diameter "::0 -2; �- - ,;;;,.;0 By Developer. FF @$ FY Sewer - inch diameter 230 - 2631 -3- 630500 By Developer FF @$ FF 50�.) Street Improvements 230- 2636 -3 -6 00 $ By Developer Pavement SF @ $ /SF = $ By Developer Curb & gutter FF @ $12.00 /FF = $ By Developer Sidewalk SF @ 4 3.70 /SF = $ By Developer Gal. Pole Electrolt =r & Conduit FF @ $ 8.33/FF = $ By Developer Fire Hydrant Resident FF @ $ 2.75/FF = $ n/a Comm & Ind. FF @ $ 3.67/FF = $ By Developer Storm Drain - inch diameter 230 - 2636 -3- 680700 $ By Developer FF@ $ /FF (50 %) Sewer Development Fee 705 - 2662 -3- 671000 $ 11.632.49 Units @ $908.00 /Unit (50 %) 5,000 Gals. @ $380.00/100 GPD Water Development Fee 725 - 2772 -3- 595000 $ Units @ $1,075.00 /Unit (50%) 76T.-63— ' 20,000 Gals. @ $1,123_00 /1000 GPD peak Construction Water 720- 0433 -3- 690000 $ 879.53 f)d- 420 FF @ $0.67 /FF + 13.8487 Acres l $= ►3.19 /_lcre "0. Fire Hydrant Location Fee 720 - 0433 -3- 692000 $ 33.11 $33.11 for the fi. _:;t 5 hydrants +$ 3.31 for each additional hydrant Public Works Cash Bonds and Deposits 801 - 2680 -3- 680000 $ 142,500.00 Other Other TOTAL DUE CITY (507.) -2� NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time building Permits are issued. * Not included in total. f, -/, Accepted by: EGG O/i ? (91 % -4- %? f� l Date: LS�7 `' 0 .