Las Animas Technology Park,rte
PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUT14N SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 4th day of April
19 83 , by and between the City of Gilroy, a municipal corporation, herein called the
"City" and Las Animas Technology Park , a real property owner
developer or subdivider, herein called the "Owner ".
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:
Tract # 7190
and,
WHEREAS, the Owner 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:
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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 the following: the Code of the City of Gilroy (including but not
limited to Chapters 12A, 19, 20, 21 Res. 80 -58 and 76 -47, thereof pertaining to local
improvement procedures in subdivision or development respectfully): Ordinance No. 711
(Zoning Ord.): Resolution 81 -17 (1979 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.
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The Owner agrees:
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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 can be constructed as
shown on Assessment District Plans and Tract Map.
c. Delete
d. Delete
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.
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That all sums shown in Section 7 to be payable by the Owner to the City are
due and payable to the City upon the execution of this agreement.
SECTION 4 Delete t
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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
The faithful and prompt performance by the Owner 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 Owner 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
Owner.
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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 to final determination upon
completion of the work.
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FACILITY
Engineering Map Checks
a) Subdivisons $190.00 + $ 3.00(n)
Parcel Maps $ + $ (n)
n= Number of lots
b) Engineering Plan Check
and ins ection
5% x $ 296909005.00'
134,530.00
c) Miscellaneous Engineer
Service
No. of hours x $ 28.00
8 hr. x 28.00 = $224.00
d) Public Works Microfilming
$5 Sheet (Maps and Plans)
63 Sheets
e) Fire Hydrant Location Fee
$29.00 for first five hydrants
+ 3 for each additional
19 Hydrants
29 + 3 (14) 86
f) Area Water Charge
Acres @ $ /Acre
g) Construction Water
LF @ $0.37/LF +
Acres @ $13.72 /Acre
h) Off -Site Storm Drainage
Acres @ /Acre
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Acres @ /Acre
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DEVELOPMENT COST
$ In Assessment District
$ In Assessment District
:i
$ In Assessment District
$ In Assessment District
$ Deferred See Attached
Work Sheet of Stipulations
and Calculations
$ Waived
$ Not Applicable
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i) Front Foot Water Fee
LF @ LF
J) Front Foot Sewer Fee
k) 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
p) Fire Hydrants
LF @ $ /LF
q) Utility Pole Mounted Electrolier
LF @ $ /LF
i
1
$ In Assessment District
$ In Assessment District
$ In Assessment District
$ In Assessment District
$ In Assessment District
$ In Assessment District
$ In Assessment District
$ In Assessment District
$ Not Applicable
r) Easements and Rights of Way
"On Site"
s) Easements and Rights of Way
t) Other
$ Dedicated by Tract Map
$ Dedicated by Tract Map
$ None
DUE
CITY BY OWNER
$
See Stipulations
DUE
OWNER BY CITY
$
and Calculation
NET
DUE CITY
$
Sheets
if
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
CITY OF •O
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NOTE: If Owner 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.
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STIPULATIONS
LAS ANIMAS TECHNOLOGY PARK
V,
1. Area water fees are deferred at this time. Said fees will be due with building
permits and, due to the improvements provided by the Assessment District, will
only be 35.7% of the area per acre fee which is in effect at the time of
payment. (See Calculation Sheet)
2. Deferred fees will be paid at such time that onsite improvements occur. All
fees shall be paid at the rates in effect at the time of payment.
3. The Assessment District may be reimbursed for 40% of the cost of traffic signal
improvements at the intersection of Arroyo Circle and Leavesley Road upon
development of the property identified herein, providing said properties are
developed within ten (10) years of this agreement. The $19,800 (40% of
$49,000.00 = $19,800.00) reimbursement will be increased each year in proportion
,to the "Engineering News Record Cost of Construction Index ", from that in effect
on July 1, 1983. Said reimbursement will be paid by the developer(s) of the
property to the North within the area bounded by Leavesley Road on the South; a
line approximately 1000 feet East of the center line of Arroyo Circle; a line
approximately 300 feet West of the center line of Arroyo Circle; and a line 1000
feet North of Leavesley Road. This includes all or part of Assessor's Parcel
Number; 835 -15 -026 and 047, and 835 -04 -017, 041 and 042. (1982 Book)(See
attached Exhibit A).
As properties develop within said area, the City will collect the proportional
amount (approximately 3.4% /acre developed), and reimburse it to the Assessment
District.
4. Distribution of those revenues, referred to herein as reimbursements, received
by the City within ten years of the date of this agreement shall be made as
provided by law to the various properties within the District through a redis-
tribution process. It is anticipated that revenues so received by the City
within said period shall be deposited in the proper Assessment District fund, in
trust, and may be declared surplus by the City Council of said City. Upon such
declaration, such amount, less the administrative costs to be incurred by City
in connection therewith, --shall be applied as a credit to the assessments levyed
in said Assessment District proceedings. This process shall take place from
time to time when the City determines that sufficient funds have been received
to warrant distribution. Redistribution of such amount shall be in accordance
with Section 10427 et. seq. of the Streets and Highway Code of the State of
California.
5. The current owner agrees to provide a well site for the City's use on his
property, in the triangular area between Gilman Road and the Miller Slough. The
City agrees to compensate the owner for the land at it's fair market value and
will enter an agreement for the maintenance, control and responsibility for
same.
Accepted by
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EXHIBIT "A"
LAS ANIMAS TECHNOLOGY PARK
TRAFFIC SIGNAL REIMBURSEMENT AREA
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CALCULATION SHEET
LAS ANIMAS TECHNOLOGY PARK
WATER
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Area Fee
171 Acres @ $1,548.00 /acre ... ....................$264,708.00
Reimbursements and Credits
1/2 the value of the existing
well or 1/2 $65,000.00... **..* ..................... 32,500.00
100% of the cost of the improvements
to the existing well, or ..........................- 100,000.00
t Oversizing from 10" DIP to 12" DIP -
9570' total (less 1270' in the cul -de-
sac, since a 12" line is required for
fire protection) or 8300' @ $3.00 /ft ..............- 24,900.00
1/2 the main in Leavesley Road
or 1/2 (870' @ 20.50 - 3.00) ...................... - 7,613.00
Cost of land for well sites
1305 sq.ft. @ $ 4. 00/ sq.ft .........................- 5,220.00
Total due City ...... ..............................$ 941,475.00
or .................. ..............................$ 552.00 /acre
($552.00) /($1,548 /acre) = 35.7% of the city fee per acre. See Stipulation #1.
SANITARY SEWER
Front Foot Fee
5050' @ $ 10. 15/ ft ... ..............................$ 51,258.00
Reimbursements and Credits
Oversizing from 10" VCP to 12" VCP -
3135' @ $ 2. 50/ ft ... ............................... - 7,838.00
Total due City ...... ..............................$ 43,420.00
Paid by the Assessment District ...................$ 43,420.00