American Diversified - PDA No. 85-66per GC Sec. 6103 PEE /l n
S- sanne,E. Steinmetz,City Clerk NO P
Sity of Gilroy (� `0
7351 Rosanna St. �6 •�2
�E)
:;ilroy, CA 95020 ./
A46 ft 941
nGKEE`'E;;T FO F. T...LI :SIGNS OF I; .TFR. DISTRIFt'T IONS F_'STE.'S:
ITT ROVE *'ENT OF STREETS: INSTALLATION OF SFIERS, STORM
DRAINS AND OTHER PCELIC WORKS FACILITIES I;C. 85 -66
This agreement made and entered into this 2nd day of December
19 85 , by and between the City of Gilroy, a municipal corporation, nerein called the
"Cite" and AMERICAN DIVERSIFIED a real property owner
developer or subdivider, herein called the ' developer'.
VHEREAS, a final man 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:
Ap.1FRIC?,NA APARTME ?,TS (rssessor's Parcel No. 790 -21 -027) and,
v1HEREAS, the Developer requires certain utilities and pub'_ic 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 certa -.r. .ales and Regulations nave been promulgated
concerning the subject matter of this agreement anal,
WHEREAS, the City has certain responsibilities for maintenance and operation of
Such utilities and public Service fac :lilies after acceptance by City, and rer
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 d Codes, Ordinances, Resolutions and Re£,:lations, it is agreed
and purpose of sli
by and between the parties as follows:
!;=TON ?
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 follow. ": the Code of the City of
Gi'_rey (including but not limited to Chapters .2A, 19, 20, 21 Res. 85 -9 and 76 -47,
thereof pertaining to local 'improvement proced•_res in subdivision or development
respectfully): Ordinance No. 83-15 (Zoning Ord.): Resolution. 85 -5 (1982 ^Uniform
Building Code ) R.uies 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.
The Developer agrees:
�. 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 t s said real property necessary for the City in order
that ins water, electricty, ar.d %cr sewer lines in or to said
real property may be extended.
c. To indemnify and hold the City harmless and tree from all damage
and liability done to any utility, public facility or ether
material or installation of the City en said real estate which
the Developer or any ccntractor or subcontractor of the
Developer, or any employee thereof, shall do -.n grading or work -.^.g
upon said real estate.
-I -
J546 WE 942
d. To construct and improve all public works facilities and ether
improvements as set out herein, according to the standards
herete.fore established, and according to the grades, plans and
snec_f_cations thereof. all as -7.preved by the City and
shhall furnish two (2) good and sufficient bonds. One shall be
executed in the face amount of no less than $ 137,785. .17 , and
the other shall be executed in an amount no less than 56;. of the
above mentioned bond and shall secure payment to the contractor,
his subcontractors and to persons renting eeuipmer.t 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 Re,,-.:lations 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 perioc: of one (1) Year after
the completion and acceptance of said work, to guarantee the repair and
replacement of defective material and faulty werkmanshin.
L-. 'lieu of said faithful performance bond for maintenance, the
Developer may furnish a maintenance bond in the amount of 104' cf the
total contract price (with 2 minimum amcl:nt of ene 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, show: in Section 8 thereof to be due under the terms and
provisions of this agreement.
c ^TTYx 3
That all sums shown herein to be payable by the Developer to the City are due
and payable to the City ,:pen the exeC..:'_Cn of tC_s agreement.
S- rTlnil 4
That all the provisions of this agreement and al'_ -._rk 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.
«CTION 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.
crCTInN 6
That the faithful and prompt _erf,Drmance 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 cennectic^ 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 an%, and all obligations hereunder and the City, at
its election, may enforce the performance of env provision herein, or any .iFht
� J
accruing to the City or may pursue any remedy w;,atsoever it may have under the laws of
the State of California or the Codes, Ordinances, Resolutions of the City, _.. the event
of any such default by Developer.
CZ rT t n ?< 7
That this agreement, together wit`: the attached stipulations, is an instrument
affecting the title or possession of the real property described in Exhibit A. All
the z:_rms, covenants and conditions herein imposed shall be binding upon and inure to
the benefit of the successors ul 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-
J546 PAR 943
SECTION 8
Thar the fel.owir.F are the estimated z;r�cu^.ts of costs to be borne h.• the restec-
t-''e part -es hEretO, and -t -s r'�: -ther ur..derstood anal agreed that Sa -d amcunts are
estimated only and are subject to final determination upon completion of the work.
FACILITY
En.pineering M n. Checks
a) Subdivisions $!90.00 + S3.00 /lot
Parcel Splits SS3.00 + S3.00 /lot
number of lots
b) xiscellaneous En._ineering S•2rvrce
DE's ELOP *:EAT COST
S n/ a
$ 77. 00
8 hours x $31.00 /hr= 248.00 - 171.00 (Paid)
c) Public Works Xicrofilm,-ng S 7.50
3 sheets x $5.00 /sheet = $15.00 - 7.50 (Paid)
d) Wood Pole Moun.tec Electrolier
FF @ $5.00 /F_
S n/a
e) Engineering Plan Check and Inspectior. S 3 , 686.00
5% of the Cost of Public Improvements
-" x $ 103,711.12 = $5,186.00 - 1,500.00 (Paid)
f) Storm Development Fees $ 8 , 410.50
6,84 Acres @ $1640.00 /Acre = $11,218.00 - 2,807.50 (Paid)
Acres @ $ `=.cre
�) Front Foot Water Fee $ 3,940.50
583. 80 F @ $ 13. 50 /F = 7, 881. 00 - 3,940.50 (Paid)
h) front Foct Sewer Fee S By Developer
F @
- i) Street 1-- ovements S By Developer
Includes pavement, curb & gutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for
j) Frcn t Foot Storm Drain -ee $ 4 , 466. 00
583.80FF @ $ 15.30 /FF = 8,932.00 - 4,466.00 (Paid)
-3-
k) Water Development Fee
J 5 4 6 PAtt
6
S 97,800.00
160 Units @ SSi5.00 /Un.it = 130,400.00 - 32,600.00 (Paid)
1) Construction. Water S 249.00
944
583.80 F @ S0.50 /FF + 6.84 Acres @ 520.00 /Acre = 429.00 - 180.00 (Paid)
m) . ire H%,drant Location Fee S 15. 5
31.00 for first five hydrants
+ 3.00 for each additional
4 hydrants $31.00 - 15.50 (Paid)
n) Sewer Development Fee S th /Bldc Permit
160 units @ $627.00 /unit
o) Public Works Cash Bonds and
Deposits
p) Other
TOTAL DUE CITY
S
MGM
S 118,652.00
IN WITNESS WHE -RE-OF, said parties have caused these presents to be executed
the date and year first above written.
CITY 0. GILROY
'savor
_ty d- min_strator
A11..S _ DEVELOPER
American Diver -ified Capital Corporation,
0, A Califor 'a C rp
C_ty C1: rk /
BY
H. Robert Gluck
FGR PROVED: C / \ BY President, Western RPoion
DATP,
_ty attorney
NOTE: If Developer is a corporation, the complete legal name and corporate seal of the
corporation and the corporate titles of the persons signing for the corpo. -ation
sha'_1 appear above.
-4-
0
STATE OF CALIFORNIA
COUNTY OF
CAF ^Ir 1 • cFAL
VICTORIA E WATTS
NOTARY PUBLIC = CALIFORNIA
ORANGE COUNTY
My comm. expires MAR 10, 1989
CORPORATION ACKNOWLEDGMENT
Manager or Officer
Form No. 15 Rev. 7-92
}Ss
�546?01, 945.
ONS 19$�, before me, the
undersigned, a Notary Public ina d for said County and State, personally appeared
--
- ---- - - - - -- -----------------------------------------
------------------
------------------
proved to me on the basis of satisfactory evidence to be the person - - - - -- who executed
the within instrument on behalf of the Corporation therein named, and acknowledged
to me that such Corporation executed the within instrument pursuant to its By-
laws or a Resolution of its d of Directors.
Notary's Signature- - -- - -- -- - - - - --
---- `�'
J 546PAGI 946
STIPULATIONS
AMFRICAN DIVFRSIFIFD
AGRF,F'V;FNT 485 -66
1. Locate and properly dispose of any wells, septic tanks and underground
fuel storage facilities.
NOTE: The capping of any well will require inspection by the Santa Clara
Valley Water District.
Z. Schedule the construction of improvements along existing public roads so
that the work affecting -vehicular traffic is completed with a minimum
interruption to traffic.
All work within the public right -of -way shall he subJect to the approval
of the City Engineer.
4. Before construction
weather access must
and at least one in
feet of each portio
place. Location of
Chief.
utilizing combustible mat
be provided to within 150
service fire hydrant must
n of the site wherein this
the fire hydrants will he
erials may proceed, an all
feet of the huilding site;
be available within 5OO
construction is to take
determined by the Fire
5. This agreement shall run with the land and be binding upon any successors
in interest.
6. The assignment of the agreement by the developer to another party shall
require prior approval of the City Council.
7. Developer will be reimbursed for street improvements on the west side of
Kern Avenue at the time of acceptance of improvements.
8. Developer will be reimbursed for off -site street improvements at the time
of development of adjacent parcels. P.eimbursements are not to exceed ten
(10) year-, from the date of this agreement.
Accepted by
H. Robert Gluck
Title: Presidertt. Western Region
Date: \\ ], S - ';�s
r7 °v
, 546PAST. 94i
F
J 5 4 6 Pact 947
-- - - -� -� - - - - - - -- - I
I a r ° �'wl0rio HGY ! I
Vii. CorIG - - -- -W oy
I ` ~-
—
LawrenCe Dr,
j G o r v S t
-- —
rrl� Howard
S C H Dr
-�� — -
- ,ham -b� Hoesch Wav ,J -- =i i Willora Cr I
War, f a' ! _
=_ — -- r— — - --
Welburn Ave. Welburn La All
po ani r. ° =• -11 ji� INGUSTRIAL WEL°UF
pp Imo_ 3i Z i
�- J`�d� \� —1 tog' I Lo Poloma
!ISwoner auo � � �
l or �o � \ C-, m
Q� r�sn Ryon C'. -
I
r ill,
�_i C
I1 ✓ N Iii !
E'1 '.Cerrito
I
a. iD Y
SS
I PASS I' HWYI
HECKER I
152
I ?bb :, I Cl
0
EXHIBIT A
P,IERICAN DIVERSIFIED
546FAII 948
3= CITY OF GILROY too. 35 -66
DEVELOPMENT COST SCHED''LE Date 11-21 -85
aled SD -L
Location of Property East side of ::ern Avenue ar) roximately 400 Feet north
of First Street
Assessor's Parcel 1# 790 -21 -027
Name of Applicant A.^,ERICAN DIVERSIFIED, Dick Levitt
Address 1600 Riviera A „Te. , Suite 225, 1;alnut Creek, CA 94596
Type • -f Development Proposed ATDal- tments
Area 6. 84 _ res Storm I•rain
Street Frontage 583.80 feet
Area "E”
Special Public Works Services
01- 100 -1100- 600400
$ 84.50
$263.00 - 178.50
Engineering Map Check
(Paid)
Subdivisions $190,00 + $3.00 /lot
$ n /a
Parcel Splits $83.00 + S3.00 /lot
number of lots
*_iscellareous Er.gineerir.g Service
S 248.00
hours x $31.0,D/hr
Public Works *iicrofilmir.g (*;aps and Plar_s)
S 15.00
sheets x $5.0Ohneet
Wood Pole Mounted Electrolier
$ n / a
FF @ $5.00 /FF
Engineering Plan Check and Inspection
01 -100- 1100 - 6004:2
$ 3,586.0 0
-51% of the Cost7 of Public Improvements
- - -
5% x $ 103,7!2.a2__= _ _ $5,186.00 -
1,500.00 (Paid)
Storm Development Fee
Area "A" $1,850.00 /Acre
02- 220 - 1300 - 720200
S
Area "A - :" $3,680.00 /Acre
02- 220 - :3pp00- 7pp202pp01
$
13�`r_�C=
-- - - Area - - - - -- $1, 640.00 /Acre
-�R
- $- 8,410. 00 -
Area "C" $2,770.00 /Acre
02- 222 - 1300 - 720200
S
Area "D" $1,770.00 /Acre
02 -223- :300 - 720200
$
Area "E" $1,350.00 /Acre
02- 224 -1300- 720200
$
Area "F" $2,400.00 /Acre
02- 225 - :300- 720200
$
Area "Q" $2,310.00 /Acre
02- 226 -1300- 720200
$
6.84 Acres @$1640.00 /Acre = 11,218.00 - 2,807.50 (Paid)
Acres ('$ /Acre
J 546PAU 949
Front Foot CnarFes
� a_ e 02-n-30-130&-720400 S 3 , 940. 50
;,g3 p0 FF (�S 1-3. -50 /FF = 7,881.00 - 3,940.30 (Paid)
Sewer C2- 230 - ;300 - 720500 S By Developer
FF @$ /FF
Street Improvements
Pavement
Curb 6 Gutter
Sidewalk
Gal. Pole
Electrclier
� Cend�it
Fire Evdrant
Resident
Comm & Ind.
Storm Drain
02 -230 - :300- 720600 S By Developer
SF
@
S
/SF = S By Developer
FF
@
Si0.87
/FF - S "
SF
@
S -'.
: : /SF - S
F F @ $ 5. 00 /F. = $
M
FF @ S 2.54/FF = S "
FF @ $ 2.£5 /FF = S n/a
02 -230 - :300- 720700 S 4,466. 00
P-, Rn /FF = 8,932.00 - 4,466.00 (Paid)
Sewer Development Fee 07- 705 - 1300 - 720:00
160 units @ $627.00/unit-
Water Development Fee 07- 725 - 1300 - 720300
160 Units @ $815.00 /Unit
Gals. @ SE50.E1 /1000 GPD peak
Construction Water 07- 720 - 1900 - 800100
5 E 3 . 80 FF @ S0. 50 /FF + 6 . 84 Acres @ S20.00 /Acre
$429.00 - 180.00 (Paid)
Fire Eydrant Locatic- r-Fee. 07- 720 -1900- 800300
531.00 for the first 5 hydrants = $31.00 - 15.50 (Paid)
-- +$ 3.00 for each additional hydrant - -
Public corks Cash bonds and Deposits
Other
S w /Bldg. Perm t
S 97,800.00
S ')49.00
S
15.50
0E- 800 - 1100 - 600100 S n /a
Accepted by:4`
H. Robert Gluck \ c7
Date: President, Western R nIrin
TCTAL
DUE
C=TY
$ 118,652
00
(1) r_'_1 deferred fees are payable at
(1)
the rate
�n
e_`fect at
�_me of
p-,
Accepted by:4`
H. Robert Gluck \ c7
Date: President, Western R nIrin