BP Oil Company - PDA No. 91-08k SusannF- E._Steinmetz, City Cler NO FEE PER GC SEC 27383 L:1
City of Gilroy `,(J
7351 Rosanna Street W
Gilroy, CA 95020 LL
— JPERTY DEVELOPMENT AGREEMENT
1 �f 1) �
��`�,,, -•�' 2�1 COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
T 01.76.60
C I T�
Qr Z9 100 P14 191
L ", ;RIE: KtANE
No. 91 -08
109178J�-
This agreement made and entered into this 6th day of May
the
J
1991 by and between the City of Gilroy, a municipal corporation, herein cal ed
tV
,
"Cityr and , a real property owner
%0
developer or s divider, herein called the "Developer".
xar
WHEREAS, a final map of subdivision, record of survey or building permit (Site
G'?
rY7
Clearance) application has now been submitted to the City for approval and acceptance,
N
covering certain real estate known as and called:
and,
co
841 -59 -007 400 Leavesley Road
WHEREAS, the Developer requires certain utilities and public works facilities in
by the City and,
order to service the property under the minimum standards established
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
the
providing the necessary connecting system, general plant and appurtenances, and
City is agreeing to discharge those responsibilities.
NOW THEREFORE, in consideration of the premises and in order to carry on the
Regulations, it is agreed
intent and purpose of said Codes, Ordinances, Resolutions and
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.
L 729PAGE 1229
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 ns 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 $ 7,880.00 , 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 ttie 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 ttie 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.
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 ttie
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 ttie 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 separntely
to each parcel and the Developer of each parcel shall succeed to the obligations
imposed on Developer by this agreement.
-2-
01
L 129PAGE 1 230
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed:
1080 gal per day.
Peak water use not to exceed: 2000 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.
SECTION 10
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
-3-
$ 22,643.48
t729PAE" 1231
TN W-ITNESS WHEREOF, said parties have. caused these presents to be executed
the date and year first above written.
ATTE
� . BP OIL COMPANY
City Claris j� —`_ '4 JL
W Mane. er Rea s;tat -e1& Ml�arkat
NOTE:
be�Wbpm.ent
PROVED: 1 $Y r
r
ssist
� nt Secretary
r Attorney
APPROVED
AS TO
FORM
AS TO
M. tt2e
_.
if Developer. is a- COrporat3ou, Che compleCe legal name a�a► corpora
corporation and the corporate titles of the persons signing for the corporation
'shall appear above.
-4-
CORPORATE ACKNOWLEDGMENT
STATE OF
SS:
COUNTY OF
L 729PAGGE 1232
BEFORE ME, a Notary Public in and for said County and State, personally
appeared the above named
by
, its
and , its
who acknowledged that they did sign the foregoing instrument and that the same
is the free act and deed of said corporation and the free act and deed of each
of them personally and as such officers.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at
this day of , A.D.,
19
My commission.expires
STATE OF
OHIO
COUNTY OF CUYAHOGA
Notary Public
CORPORATE ACKNOWLEDGMENT
SS:
BEFORE-ME, a Notary Public in and for said County and State, personally
appeared the above named BP Oil Company
by B T. Werner its Manager Real Estap.eitSMarket Development
and M. J. Wright , its Assistant Secretary ,
who acknowledged that they did sign the foregoing instrument and that. the same
is the free act and deed of said corporation and the free act and deed of each
of them personally and as such officers.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at
Cleveland, Ohio this 8th day Of March A.D..
1991 .
SHERRY DEAD ��Q- Q,�µ~'
Notary Public - Statue of ohi `
My commission expires my Commission Expires SepteniOr 13a i994 NOtdr PUb 1 1 C
volt/ uJl uioo by UIL Ohal --+-+ CL\ Xhl REL EAST 10002/003
EXHIBIT A
TOM 0. MORROW, INC.
500 JF nUMN BLVD_, STE_ A
WEST SACRAMENTO, CALIFORNIA 95605-2350
(916) 372.8124
BP SITE n 11236
PAGE I OF 2
DESCRIPTION•
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ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF GILROY, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL ONE
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY LINE
OF MURRAY AVENUE (60.00 FEET IN WIDTH), WITH -THE SOUTHEASTERLY
LINE OF LEAVESLEY ROAD, AS SAID LINE WAS ESTABLISHED BY DEED FROM
HAZEL A. SHY, A WIDOW TO THE COUNTY OF SANTA CLARA, DATED NOVEM-
BER 15, 1963, RECORDED JANUARY 30, 1964, IN BOOK 6366 OF OFFICIAL
RECORDS, PAGE 741, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID
POINT OF BEGINNING NORTH 65 DEG 181 08" EAST ALONG SAID
SOUTHEASTERLY LINE OF LEAVESLEY ROAD FOR A DISTANCE OF 66.69 FEET
TO THE TRUE POINT OF BEGINNING OF THIS TRACT OF LAND TO BE
DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 65 DEG.
181 08" EAST CONTINUING ALONG SAID SOUTHEASTERLY LINE OF LEAVES-
LEY ROAD FOR A DISTANCE OF 134.31 FEET; THENCE LEAVING SAID LAST
MENTIONED LINE AND RUNNING SOUTH 25 DEG. 401 52" FAST AND PARAL-
LEL WITH THE SAID NORTHEASTERLY LINE OF MURRAY AVENUE FOR A
DISTANCE OF 175.00 FEET; THENCE SOUTH 65 DEG. 18' 08" WEST AND
PARALLEL WITH THE SAID SOUTHEASTERLY LINE OF LEAVESLEY ROAD FOR A
DISTANCE OF 175.00 FEET TO A POINT IN. A LINE WHICH IS PARALLEL
WITH AND DISTANT NORTHEASTERLY 26.00 FEET AT RIGHT ANGLES FROM
THE SAID NORTHEASTERLY LINE OF MURRAY AVENUE; THENCE NORTH 25
DEG. 40' 52" WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
134 «31 FEET; THENCE ALONG AN ARC OF A CURVE TO THE RIGHT, TANGENT
TO THE PRECEDING COURSE, WITH A RADIUS OF 40.00 FEET, THROUGH A
CENTRAL ANGLE OF 90 DEG. 591 00 ", FOR AN ARC DISTANCE OF 63.52
FEET TO THE TRUE POINT OF BEGINNING AND BEING A PORTION OF SUB
LOT 7A AND SUB LOT 6B, AS SHOWN ON MAP NO. 8 ACCOMPANYING THE
FINAL REPORT OF THE REFEREES IN THE PARTITION OF THE LAS ANIMA$
RANCHO IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND
FOR THE COUNTY OF SANTA CLARA, CASE NO. 5536.
EXCEPTING THEREFROM ALL OIL, PETROLEUM, NATURAL GAS, MINERAL
RIGHTS AND OTHER. HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF
500 VERTICAL FEET FROM THE SURFACE OF SAID LAND FOR THE PURPOSE
OF EXPLORING FOR, EXTRACTING, MINING, BORING, REMOVING OR MARKET-
ING SAID SUBSTANCES, HOWEVER, WITHOUT ANY RIGHT OF ANY ENTRY'UPON
THE SURFACE OF SAID LAND.
RECORDER'S MEMO
FAINT WRITING, TYPING, CARBON
COPIES CIS DOT t iATRIX PRINTERS
MAKE POOR PHOTOGRAPHIC RECORD
VJ uo: at 1G: LL
PARCEL TWO:
916 b31 0733 BP OIL WEST 444 CLV RET REL EST 0 003 /003
TOM O. MORROW, INC.
500 JUFERSON BLVD., SM A
WEST sACRAMINTO, CALffORNtA 95605-2350
(916) 372.8124
BP SITE #11236
PAGE 2 OF 2
A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, APPURTENANT TO
THE ABOVE DESCRIBED PARCEL ONE, OVER THE FOLLOWING DESCRIBED PAR
CEL OF LAND:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY LINE
OF MURRAY AVENUE (60.00 FEET IN WIDTH), WITH THE SOUTHEASTERLY
LINE OF LEAVESLEY ROAD, AS SAID LINE WAS ESTABLISHED BY DEED FROM
HAZEL A. SH'Y', A WIDOW TO THE COUNTY OF SANTA CLARA, DATED NOVEM-
BER 15, 1963, RECORDED JANUARY 30, 1964 IN BOOK 6366 OF OFFICIAL
RECORDS, PAGE 741, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID
POINT OF BEGINNING NORTH 65 DEG 181 08" EAST ALONG SAID
SOUTHEASTERLY LINE OF LEAVESLEY ROAD FOR A DISTANCE OF 226.00
FEET TO THE TRUE POINT OF BEGINNING OF THE EASEMENT TO BE
DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 65 DEG.
181 0811 WEST ALONG SAID SOUTHEASTERLY LINE OF LEAVESLEY ROAD FOR
A DISTANCE OF 25.00 FEET; THENCE LEAVING SAID LAST MENTIONED LINE
AND RUNNING SOUTH 25 DEG. 401 52" EAST AND PARALLEL WITH THE
NORTHEASTERLY LINE OF MURRAY AVENUE FOR A DISTANCE OF 40.00 FEET
IN A DIRECT LINE TO THE TRUE POINT OF BEGINNING.
PARCEL THREE:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY LINE
OF MURRAY AVENUE (60.00 FEET IN WIDTH), WITH THE SOUTHEASTERLY
LINE OF LEAVESLEY ROAD, AS SAID LINE WAS ESTABLISHED BY DEED FROM
HAZEL A. SHY, A WIDOW TO THE COUNTY OF SANTA CLARA, DATED NOVEM-
BER 15, 1963, RECORDED JANUARY 30, 1964, IN BOOK 6366 OFFICIAL
RECORDS, PAGE 741, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID
POINT OF BEGINNING NORTH 65 DEG. 181 0811 EAST ALONG SAID
SOUTHEASTERLY LINE OF LEAVESLEY ROAD FOR A DISTANCE OF 66.69 FEET
TO A POINT OF CUSP; THENCE SOUTHWESTERLY ALONG AN ARC OF A CURVE
TO THE LEFT, FROM A TANGENT BEARING SOUTH 65 DEG. 181 0$" WEST,
WITH A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90 DEG.
591 00 ",FOR AN ARC DISTANCE OF 63.52 FEET TO A POINT IN A LINE
WHICH IS PARALLEL WITH AND DISTANT NORTHEASTERLY 26.00 FEET AT
RIGHT ANGLES FROM THE SAID NORTHEASTERLY LINE OF MURRAY AVENUE;
THENCE SOUTH 25 DEG. 401 52" EAST ALONG SAID PARALLEL LINE FOR A
DISTANCE OF 134.31 FEET; THENCE SOUTH 65 DEG. 181 08" WEST AND
PARALLEL WI'T'H THE SAID SOUTHEASTERLY LINE OF LEAVESLEY ROAD FOR A
DISTANCE OF 26.00 FEET TO A POINT IN THE SAID NORTHEASTERLY LINE
OF MURRAY AVENUE; THENCE NORTH 25 DEG. 401 52" WEST ALONG SAID
LAST MENTIONED LINE FOR A DISTANCE OF 175.00 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM ALL OIL, PETROLEUM, NATURAL GAS, MINERAL
RIGHTS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF
500 VERTICAL FEET FROM THE SURFACE OF SAID LAND FOR THE PURPOSE
GF EXPLORING-FOR, EXTRACTING, MINING, BORING, REMOVING OR MARKET-
ING SAID SUBSTANCES, HOWEVER, WITHOUT ANY RIGHT OF ANY ENTRY UPON
fu
-0
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Location of Property_
Assessor's Parcel No.
Name of Applicant
Address
Type of Development P
Area 0.694 ac.
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
L729PAGE 1 235
No. 91 -08
Date 3 /4/91
Initialed MF
400 Leavesley Road
841 -59 -007
B P Oil Company
200 Public Square, Cleveland, Ohio 44114
roposed Gas Station /Car Wash Storm Drain Area C
Street Frontage 174.31 L.F. of Murray Avenue
Special Public Works Services
Engineering Map Check for lots
Final Maps $1,960.00 + $261.00 /lot
Parcel Maps $416.25 + $202.00 /lot
100 - 2600 -3- 600400 $ 436.17
$ N/A
Miscellaneous Engineering Services $ 301.02
6 hours x $50.17 /hr
Public Works Microfilming (Maps and Plans) $ 135.15
1 - 6 sheets $129.64 + $5.51 /sheet
7 -12 sheets $165.66 + $5.51 /sheet
13 -18 sheets $201.68 + $5.51 /sheet
number of sheets
Engineering Plan Check and Inspection
Cost of Public Improvements
10% of first $100,000
8% of $100,000 - $200,000
7% of over $200,000
Fire Hydrant Location Fee
788.00
$38.33 for the first 5 hydrants
+$ 3.84 for each additional hydrant
100 - 2600 -3- 600412 $ 788.00
$ 7.880.00
$ N/A
Storm Development Fee
SF @
Area
"A"
$2,120.18 /Acre
Area
"B"
$1,985.97 /Acre
Area
"C"
$3,382.08 /Acre
Area
"D"
$2,097.71 /Acre
Area
"E"
$1,580.36 /Acre
Area
"F"
$2,918.53/Acre
Area
$2,653.43/Acre
Area
"R"
$1,327.17 /Acre
.694
Acres @$
3,382.08 /Acre
Front Foot Water inch diameter
L129PAG4I236
420 - 2600 -3- 680200 $
421- 2600 -3- 680200 $
422 - 2600 -3- 680200 $ 2,347.16
423 - 2600 -3- 680200 $
424 - 2600 -3- 680200 $
425 - 2600 -3- 680200 $
426 - 2600 -3- 680200 $
427 - 2600 -3- 680200 $
430 - 2600 -3- 680400 $ N/A
or 801 - 2680 -3- 680000 $
FF @$ FF
Fire Hydrant
Resident FF @ $ 2.98/FF = $
Comm & Ind. FF @ $ 3.98/FF = $
Front Foot Sewer - inch diameter
FF @$ FF
Front Foot Street Improvements
430 - 2600 -3- 680500 $ N/A
or 801 - 2680 -3- 680000 $
430 - 2600 -3- 680600 $ N/A
or 801 - 2680 -3- 680000 $
Pavement
SF @
$
/SF
= $
Curb & gutter
FF @
$13.00 /FF
= $
Sidewalk
SF @
$
4.01 /SF
= $
Gal. /Wood Pole
Electrolier
& Conduit
FF @
$
9.03 /FF
= $
Front Foot Storm Drain -
inch
diameter
430 - 2600 -3- 680700 $ N/A
or 801 - 2680 -3- 680000 $
FF @$
FF
Utility Underground Fees
174.31 LF @ $107.00 /LF (Single Frontage)
Santa Teresa Improvements
Units @ $1,540.65 /Dwelling Unit
Sewer Development Fee
Units @ $1,308.00 /Unit (Res)
0 29PE
431 - 2600 -3- 680300 $18.651.17
433- 2600 -3- 681000 $ N/A
435 - 2600 -3- 671000 $ N/A
Gals. @ $547.00/100 GPD (Comm /Ind)
or $1,308.00 whichever is greater
Water Development Fee
Units @ $1,075.00 /Unit (Res)
436 - 2600 -3- 695000 $ N/A
Gals. @ $1,123.00/1000 GPD peak (Comm /Ind)
Water User Fee (Construction Water) 720 - 0433 -3- 690000 $ 420.98
348.62 FF @ $1.07 /FF + 0.694 Acres @ $69.10 /Acre
Public Works Cash Bonds and Deposits 801 - 2680 -3- 680000 $11.820.00
Other
Other
TOTAL DUE CITY
BALANCE DUE
$22,643.48
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.
Accepted by:
Date: , -2;71 1