Alosi Construction - PDA No. 88-53NO FEE PER GC SEC 27383 /
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PROPERTY DEVELOPMENT AGREEMENT
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IN 1
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RESIDENTIAL
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AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: 99 52835
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No.-- 88 -53
This agreement made and entered into this 19th day of DeceA7 9 5 PAGE 171
19 88 , by and between the City of Gilroy, a municipal corporation, herein called the
"City" and Alosi Construction 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:
APN # 841 -21 -040 Eighth Street and,
i 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.
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K 795 PAGE 1713
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 $ 6,600.00 , 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 8 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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Y
K 7 95 PAGE 1.714
crrTTnW R
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.
gRrTTn1N 9
That the attached Development Cost Schedule enumerates all fees and their
e xtentions.
TOTAL AMOUNT DUE CITY
$ 17.622.37
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
C
ATTES
City,Clerk .'
FO ZROVEP. 7
F
City Attq nCy
BY
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.
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(General)
STATE OF CALIFORNIA l
} SS.
COUNTY OF Santa Clara JJJ
K'795PA6E1715
On DeCenber 12. 1988 before me, the undersigned, a Notary Public in and for said
State, personally appeared 'P-1 ,-n;; Al n i
personally known to me (or proved to me on the basis of satisfactory evidence)
t,, be the person _ whose name_ 1S subset ibed
to the within instrument and acknowledged that
--sile OFFICIAL SEAL
executed the Same. /
on Johly
1TNE d >oT rY t ,NIA cial seal.
Si atm e COUNTY OF SANTA CLARA
My Commission Expires Aug., 30,1991
OFC -2056
Name (Typed o /P /nted)
(This area for elNcial notarial seal)
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
E S T I M A T E
Location of Property 8th Street, 100 ft. East of East Street
Assessor's Parcel No. 841 - 021 -040
Name of Applicant Greg Mussallem
K 79SPAGE1716
No.88 -53
Date 12/08/88
Initialed JBL
Address 8339 Church,Street Gilroy, CA 95020 _
Type of Development Proposed Duplex Residential
Area 0.540 Acres Storm Drain Area "D"
Street Frontage
113.01 ft.
Special Public Works Services
Engineering Map Check
Final Maps $333.00 + $44.40/lot
Parcel Maps $416.25 + $34.41/lot
n/a number of lots
Miscellaneous Engineering Services
5 hours x $45.51/hr
Public Works Microfilming (Maps and Plans)
1 - 6 sheets $117.59 + $5.00 /sheet
7 -12 sheets $150.26 + $5.00 /sheet
13 -18 sheets $182.93 + $5.00 /sheet
1 number of sheets
Wood Pole Mounted Electrolier
n/a FF @ $8.58/FF
Engineering Plan Check and Inspection
Cost of Public Improvements
10% of first $100,000 = 660.00
8% of $100,000 - $200,000 =
7% of over $200,000 =
(Subject to change based on actual cost.
Storm Development Fee
Area "A" $2,016.07 /Acre
Area
"A -1"
$4,018.85 /Acre
Area
"B"
$1,888.45 /Acre
Area
"C"
$3,216.01 /Acre
Area
"D"
$1,994.71 /Acre
Area
"E"
$1,502.76 /Acre
Area
"F"
$2,775.22/Acre
Area "Q" $2,523.14/Acre
0.540 Acres @$ 1,994.71 /Acre
100 - 2600 -3- 600400 $ 350.14 _
(50%)175.07
$ 0.00
(50 %)
$ 227.55
(50%) 113.78
$ 122.59
(50%) 61.30
$ 0.00
(50 %)
100 - 2600 -3- 600412 $ 660.00 _
(50%)330.00
6.600.00 Est
220 - 2640 -3- 680200 $
(50 %)
220 - 2640 -3- 680201 $
(50 %)
221 - 2641 -3- 680200 $ _
(50 %)
222 - 2642 -3- 680200 $
(50 %)
223 - 2643 -3- 680200 $ 1,077.14
(5O %) 538.57
224 - 2644 -3- 680200 $
(50 %)
225 - 2645 -3- 680200 $
(50 %)
226 - 2646 -3- 680200 $
(50 %)
Front Foot Charges
Water - 8 inch diameter
113.01 FF @$ 10.20 FF
Sewer - 6 inch diameter
113.01 FF @$ 10.04 FF
Street Improvements
K 7 9 5 PAGE 1717
230 - 2636 -3- 680400 $ 1,152.70
(50 %) 576.35
230 - 2636 -3- 680500 $ 1,134.62
(50 %) 567.31
230 - 2636 -3- 680600 $ 319.82
(50 %) 159.91
Pavement
N/A
SF @
$
/SF
= $ 0.00
(50 %)
Curb & gutter
N/A
FF @
$12.36/FF
= $ 0.00
(50 %)
Sidewalk
SF @
$
3.81 /SF
= $ By Developer
Gal. Pole
(50%)
Electrolier
& Conduit
@
$
8.58/FF
= $ By Developer
_FF
(50 %)
Fire Hydrant
Resident
113.01
FF @
$
2.83/FF
= $ 319.82
(50%) 159.91
Comm & Ind.
FF @
$
3.78 /FF
= $
(50 %)
Storm Drain - 36
inch diameter
230 - 2636 -3- 680700
$ 3,259.20
(50%)1,629.60
113.01 FF@ $
28.84
/FF
Sewer Development Fee
705- 2662 -3- 671000
$ 5,232.00
(50%)2,616.00
4 Units @
$1,308.00 /Unit
(Res)
Gals. @ $547.00/100 GPD (Comm /Ind)
Water Development Fee 725- 2772 -3- 695000 $ 4,300.00
(50%)2,150.00
4 Units @ $1,075.00 /Unit (Res)
Gals. @ $1,123.00/1000 GPD peak (Comm /Ind)
Construction Water 720- 0433 -3- 690000 $ 136.75
(5O %) 68.38
113.01 FF @ $0.67 /FF + 0.540 Acres @ $43.19 /Acre
Fire Hydrant Location Fee 720- 0433 -3- 692000 $ 0.00
(50%)
$34.77 for the first 5 hydrants
+$ 3.48 for each additional hydrant
Public Works Cash Bonds and Deposits 801- 2680 -3- 680000 $ 9,900.00
(50%)
Other _ $
(50 %)
Other _ $
(50 %)
TOTAL DUE CITY $ 17,622.37
(50%) 8,811.19
Balance Due $ 8,811.18
NOTE: All deferred and /or estimated fees will be adjusted to the rates in
effect at the time building Permits are issued. Lys
* Not included in total.
Accepted by:
Date: ra - `,2 4y