Barrow, James - PDA No. 86-344YLsusanne E. Steinmetz,City Clerk NO FEE per GC Sec. 6103
City qT Gila; oy
7351 Rosanna St.
Gilroy, CA 95020
rnvPERTY DEVELOPMENT AGREEMENT
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
r
890 SO 60
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM.�,r
DRAINS AND OTHER PUBLIC WORKS FACILITIES No.i86 -34.
This agreement made and entered into this .7th day of Au st
19 36 , by and between the City of Gilro , a municipal ccorporation, herein called the
"Ci yTr and = f 14 � j J� ��j���� ptL- , 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: Q f1pA6E
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 weretset 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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1 1(�PAGE 241
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 $ 16 r q0 0 , 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 hereinahove 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.
RECTinN i
That all sums shown herein to be payable by tl►e 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.
t
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.
R ECT I nN A
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 clue 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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J 810 PAGE 242
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: 892 gal per day.
Peak water use not to exceed: 3568 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
interruptibn 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.
QR TTnN In
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
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J! 8 10 PAGE 243
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
CITY OF GILROY
BY
DATE July 23, 1986
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.
STATE OF CALIFORNIA On this ...... Z3.rd ....... day of ... July..... , , , .. , in the year. ............
ss. .
.......... ............ *
* ............. , before me,
.............
COUNTY OF ... Sant.a.-Clara .......... .... Ramna..Valverile ....................... a Notary Public, State of California,
duly commissioned and sworn, personally appeared ..... * ......... *
.
........... .......
- JADE, S..R.. BARROW* ...... ................................ ........
OFFICIAL SEAL personally known to me (or proved to me on the basis of satisfactory evidence) to be
E the person .... whose name.. . ...... is .............................................
:=RAhMF)NA VA VERDE
LV
NOTARY 0 PUBLIC CALIFORNIA subscribed to this instrument, and acknowledged that .... he .... executed it.
NO-17ARY PUBLIC
S4 PU COUNTY SANTA CLARA coUNTY IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
U
C 1990
My comm. M. p r's MAR 2 ,
My comm. expires MAR 2, 1990 in the .... State.of.-Cal-ifornia .................................. County of
...............Santa . -Clara ... ........................ on the date set forth above
in this certificate.
This document is only a general form which may be proper for use in simple transactions and in no
way acts, or is intended to act, as a substitute for the advice on an attorney. The printer does not Notary Public, State
make any warranty, either express or implied as to the legal validity at any provision or the
suitability of these forms in any specific transaction. My commission expires March 2, 1990
Cowdery's Form No. 32 — Acknowledgement to Notary Public — Individuals — (C.C. Sec. 1189) — (Rev. 1/83)
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Location of Property
Assessor's Parcel #
j R 10 PAGE 2 4
CITY OF GILROY No. 86-34 (Rev.)
DEVELOPMENT COST SCHEDULE Date 7/0 1/ Rh
Initialed NSA
Renz Lane north of Highway 152
Name of Applicant James R. Barrow
Address 865 Portola Drive, Portola valley, Ca 94025
Type of Development Proposed Industrial I -7
Area 0.446 acres Storm Drain Area "D"
Street Frontage 310.99 ft.
Special Public Works Services
Engineering Map Check
Subdivisions $190.00 + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
number of lots
Miscellaneous Engineering Service
2 hours x $32.55/hr
Public Works Microfilming (Maps and Plans)
1 sheets x $5.00 /sheet
Wood Pole Mounted Electrolier
FF @ $5.25/FF
Engineering Plan Check and Inspection
5% of the Cost of Public Improvements
5% x $ /63
J.
96o-00 x , S
Storm Development Fee
Area "A" $1,868.00 /Acre
Area "A -1" $3,716.00 /Acre
Area "B" $1,654.00 /Acre
Area "C" $2,798.00 /Acre
Area "D" $1,788.00 /Acre
Area "E" $1,364.00 /Acre
Area "F" $2,424.00 /Acre
Area "Q" $2,333.00 /Acre
0.446 Acres @$__1,788 /Acre
Acres @$ /Acre
01- 100 - 1100 - 600400
$ n/a
$ 65.00
$ 5.00
$_ N/A
$ 70.00
(500= $35.00)
01- 100 - 1100 - 600412 $ 845.00
(50 %= $300.00)
C/V,
02- 220 - 1300 - 720200 $
02- 220 - 1300 - 720201 $
02- 221 -1300- 720200 $
02- 222 - 1300 - 720200 $
02- 223 - 1300 - 720200 $ 797,00
02- 224 - 1300 - 720200(50;=(50%=$398.00)
02- 225 - 1300 - 720200 $
02- 226 - 1300 - 720200 $
Front Foot Charges
Water
310.99 FF @$ 14.18 /FF
Sewer
J 810PA6E 2'5
02- 230 - 1300 - 720400 $ a 41 n _ nn
(500= 2,205.00)
02- 230 -1300- 720500 $ 3,533-00
(50 %= 1,766.00)
310.00 FF @$ 11.36 /FF
Street Improvements 02- 230 - 1300 - 720600 $ 7 F 884 _ nn
(50 %= 3,942.00)
Pavement 4 , 042. 87 SF @ $ 1. 72 /SF = $ 6,954.00
Curb & Gutter FF @ $11.41 /FF = $ by Developer
Sidewalk SF @ $ 3.27/SF = $ �, Developer
Gal. Pole
Electrolier
& Conduit FF @ $ 5.25/FF = $ by Developer
Fire Hydrant
Resident FF @ $ 2.67/FF = $ by Developer
Comm & Ind. FF @ $ 2.99/FF = $ 930.00
Storm Drain 02- 230 - 1300 - 720700 $ 4,998.00
310.99 FF @$ 16.07 /FF (50 %= 2,449.00)
Sewer Development Fee
892 gpd. @ $380/100 gpd
Water Development Fee
Units @ $880.88 /Unit
3568 Gals. @ $918.17/1000 GPD peak
Construction Water
07- 705 - 1300 - 720100 $ 3,390.00
(50 %= 1,695.00)
07- 725 - 1300 - 720300 $_, 276.00
(50 %= 1,638.00)
07- 720 - 1900 - 800100 $ 165.00
(
310.00 FF @ $0.55 /FF + 8.446 Acres @ $21.00 /Acre 50 82.00)
Fire Hydrant Location Fee
$31.00 for the first 5 hydrants
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits
1.5 x construction amount
Other
07- 720 - 1900 - 800300 $ N/A
08- 800 -1100- 600400 $ 25,350.00 *
$ N/A
* Not included in total TOTAL DUE CITY $ 29,368.00
(50 %= 14,510.00)
AMOUNT DUE $ 14,858.00
NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the
time Building Permits are issued.
f
/
Accepted by: �
7 _
Date: �:` �tl, f
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