Loading...
Ditto, Frank - PDA No. 84-27Susanne E. Steinmetz,City CIE City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 NO FEE per GC Sec. 6103 �� 81' 65620 t"PnR l y nF VT L"PM1 N i Agri I M N r RCI L, INHUSIRIAL, INSI 1 HTIIINAI. AGPEE "EN f FOR EXTENSIONS OF WATFR D l STR I R('T f ON SYSTEMS: I "IPROI'f:"'Ff r OF S1 RIFF: fS : I' K I ALLA1 I t'f: OF SEWERS, STORM DRAINS AND O1 HFR PPHL I C WORKS FACILITIES No. 84 -27 J 39 SPA GE J � This agreement made and entered into this 1st day of July 19RS by and between the Cite of Gilroy, a municipal corporation, herein called the "City and FRANK DITTO , a real property owner developer or subdivider, herein called thr 'Developer'. WHEREAS, a final map of subdivision, record of survey or building. permit (Site Clearance) application has now heen submitted to the City for approval and acceptance, covering certain real estate known as and called: A portion of Assessor's Parcel No. 841 -15 -078 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 anal thrcuph its City U-unci 1, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promo 1plUd 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, peneral plant and appurtenances, and the City is agreeing to discharge these 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, Resclr:[ions, Rules and Regulations and established policies of the City and the lams of the `Mate of California concerning the subject matter of this agreement are hereby referred to acid incorporated herein to the same effect as if they were set cut at length herein. Said Codes, Ordinances and Regulations include, but are not limited to, the following: the Cede 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 -0 (Zoning nrd.): Resolution 85 -5 (1982 Uniform Building Code): Rules and Regulations. Inrludrd in the above are all of the above referred to Codes, Ordinances, Rrscluticns, Regulations and Substitutions thereof, as amended to the time of execution of this agreement. SECTION 7 The Develeper acrees: a. To perkrm each and evary nrovini m tenurrqd h, the City to be performed by the Devplvprt in each Ind r rry one of said Codes, Ordinances and other R"Ralatirns. b. lo grant to the City without rhatpe, free and clear of encumbrances, any and all stiPu l-ted .ensurwats and rights of way in and to his said real pr -perty necessary for the City in order that its water, electricty, and /or sewer lines in or to said real property may h- extv"opd. C. To indemnify and held the City blr mlesS T!"d free from all damap,e and liability done to any utility, puhlir facility or other material or installation ion of thr City on raid real estate which the Developer or any coot r art "Y or sub—ut r artor of the Devaluper, or anc PM-y''" th"t"„I, rh•ill d- in grading or wotl,inR upon said Iva! rtlr�. J 39SPAGE1542 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, n11 ns npproved by the City Fngineer, and shall funii�h two (2) good and sufficient bands. chce shall he executed in the face amount of no less than $ n/a , and the other shall be executed in an amount no less than 507 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 9 thereof to be due under the terms and provisions of this agreement. SFrTTnN "i That all sums shown herein to be payable by tice 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. SFrTinN 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 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, hrsolutions of the City, in the event of any such default by Developer. GFrTInN 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. J 39S PAGE ._5O3 SECTION 8 The Developer will pay for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity not to exceed: 500 pal per day. Peak water use not to exceed: 200 0 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 hy: 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. SECTION 9 That the following are the estimated amounts of costs to be borne by the respec- tive parties hereto, and it is further understood and npreed that said amounts are estimated only and are subject to final determination upon completion of the work. FACILITY Engineering Map Checks a) Subdivisions $190.00 + $3.00 /lot Parcel Splits $83.00 + $3.00 /lot 4 number of lots b) Miscellaneous Engineering Service 4 hours x $31.00 /hr c) Public Works Microfilming 2 sheets x $5.00 /sheet d) Wood Pole Mounted F,lectrolier FF (a $5.00 /FF e) Engineering Plan Check and Inspection 5% of the Cost of Public lmprovernents 5% x f) Storm Development Fees 0.757 Acres @ $ 600.00 Acres 0 $ DEVELOPMENT COST S (95.00) l'Fa $ 124.00 $ (10 . 0 0) r`(� , S n/a S n/a S 454.00 /Acre (See Cost Schedule) /Acre -I - J 39SPAGE 584 g) Front Foot Water Fee $ n/a FF @ $ /FF h) Front Foot Sewer Fee $ n/a FF @ $ /FF i) Street Improvements Includes pavement, curb & gutter, sidewalk, electroliers, fire hydrants, etc. (See Cost Schedule for breakdown.) j) Front Foot Storm Drain Fee FF @ $ /FF $ n/a $ n/a k) Water Development Fee $ 1,585.00 2000 Gal. @ $850.8 i / 1000 GI'D peak (See Cost Schedule) 1) Construction Water —0— LF @ $0.50 /FF + 0. 757 Acres (8 $20.00 /Acre m) Fire Hydrant Location Fee $31.00 for first five hydrants + 3.00 for each additional hydrants n) Sewer Development Fee 500 GPD @ $380/100 GPD o) Public Works Cash Bonds and Deposits Assessment Split Fee p) Other TOTAL DUE CITY $ 15.00 n/a S 1,900.00 $ 100.00 1 t , I , $ S 4,283.00 PENALTY: Overuse of sewer and water allocations shall he penalized under the Rules and Regulations adopted by the C:ilroy City Council. J 3'9S PACE 15o5 IN WITNESS WHEREOF, said Parties have caused these presents to be executed the date and year first above written. ATT T: City Clerk FORM)APPROVED: ity Attorney CITY OF GILROY � �..� .., BY p � 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, ( IndiridMI) STATE OF CALIFORNIA ICOUNTY OF S d n,fr, n, �{ / Q r CA- � SS. j before me, the undersigned, a Notary Public in and for said State, persona4 appeared Fran bci, , J. 7)-ctl o 9 V z known to me L to be the person whose name IS-- subscribed to the within instrument and acknowledged that L Q fexecuted the same. W ITN ESS my hand and official seal. Signature , J is 0FF SE�'�L JUDY DIAZ NOTARY PUBLIC ^r.�_�FORN�A II 'AN TA CLARA G ^ "t;T'( y I "y crmm. exp "C 031 16, 1987 ,Thu area for Acu1 notanal peal) J 39SPAGE1586 1001 4u J/� O now -OBATA 177x... ` WAY �C 4 1269.63• 794 .70 is � - was• 38' w 4e7.37• / • 42.74' W r - - - - - - - - - 10' P.U.E. (PM 626124}_ 140.00•- 140.60' ies.ea• - i� / o i 40. A PARCEL 1 /•� A /A " r /? PARCEL 2 ^ PARCEL 3 ^ PARCEL 4 W 1.000 AC a W 1.000 AC a / 0.767 AC � e� « / r r ri r /20' P.0 z = W o / o / N �I R: 17.130.00' •�I : C-00-31' 38" o a zi / o 140.00' 140.00' 47.47'• 40• / • 42.74' W N3e' 3e•w 327.47' u � e a / o i /e o ' PARCEL 1 /•� /A 3. 4 22 A C /? e � r � r r i I r r ri r Q �I R: 17.130.00' •�I C-00-31' 38" a zi L:189.41' EXHIBIT A FRANK DITTO 84 -27 E. (PM 628124) CITY OF C1 t.R01• s PAGE rrrrrr IC 'A1 . O c r,,�•FI,OI,.r,rrr r. sr Cllf'OLLE No. 84--27 (Amended) Estimate ✓ '\r'�� I t P 2 -22 -85 lnitinII - d SD -L Location of 1'toperty Southwest corner of Obata Way and Southside Drive Assf,ssor's Parcel # A portion of 841 -15 -078 Name of Applicant FRANK DITTO Address 5727 Obata flay, Gilroy, CA 95020 Type of Development Prui >osed Industrial (Parcel Split & Assessment Split) Area 6.179 Acres Stot:m Drain Area "D" Street Frontage n/a 14-4 .) j . Special Public Works M-100-1100-600400 S 229.00 Enpineerinp Map Check Subdi•:isiens $190.00 + $3.00 /lot (95.00 P• Parcel Splits $13.00 + $3.O(? /lot 4 number of lots Miscellaneous FnpinPerinp, S "rice S 124.00 4 hours x $31,00 /hr Public Works Microfilming $ (10.00) $5.00 per slwot (it.tps, nn.,i plans) 2 sheets Wood Pule Mounted Electrol ier S n/a FF 0 $5,00 /FF Fnpineerinp Plan Check .-ind 01 -100- 1 1 00- 6004 12 $ n/a 5'e of the Cost of Pt:hlic lmpruvements 5% x $ Off -Site Storm Dr-iin Fee Area "A" $ 1 , 85O.0O /Act e 02 -,'2n_ 11n0- 1202.00 $ Area "A -1" 5,3 h80,0 �' r1c (i re � O: _� . 2tl- 1 100- 120201 $ „ „ AT e it $ I , (, %,(�, (1O /Acre 02-7.71-1100-720200 $ Area "C" S2,770,00 /Acre 02• -222 -1300- 720200 $ Area "D" $1,770,00 /Acre 02- 721 -1300- 720200 $ 454.00 Area „�" $1,350,(ln / ^,ctP 02- 224 -1300- 720200 $ „ Area F „ $2,h(il�,r. "1 /Acr 02 -22 -1 ;00- 720200 $ Area "Q" �2,31O,nUiAcre 02 - :'76- 11(10- 720200 S 0.757.�crrts i $ 600.00 /Acte 5.42??icres DcferI- ed _ A,(,te,; ,�C /1,-r” $1, 770. 00 - $1 , 1 70. 0 0 (S(,(, Ph, tt.;-i Develw wwnt Agrement) _ $G00. 00 j 39SPAGE100 Front Foot Charges Water 02 -230 -1300- 720400 $ n /a FF FF Sewer n2 -23n- 1300 - 720500 $ n /a FF (3$ /FF Street Improvements 02 -730- 130(1- 720600 $ n /a Pavement SF 0 $ /SF = S Curb & G -tter FF (a $10.87/FF = S Sidewalk SF 0 S 3. 11 Cal. Pcic Electrolier 6 Condui- FF 5.00/1,-[- = Fire Ilvd -c•it Reside —t FF n $ 2. 5'r /FF = S Comm & Ind. FF n $ 2.85/FF = $ Storm Drain. 02- 230 -1300- 720700 $ n /a FF fR$ /FF Area Water Charge 07-725-1300-720300 $ 1,585.00 Units (a 5815.00/1111it (2) 2,000 Cals. 0 5850.81/1000 G-iI. = ($1,702.00 - 117.00 = $1,585.00) Construction Y•ater 07 -720 -1900- 800100 $ 15.00 -0- FF ? SMWFF + 0.757 Fire. Hydrant Location Fee $31.00 for the first 5 hvdr.znts +$ 3.00 fen each additional h�cirant Public Works Cash Ror.ds and Deposits Assessme -t Solit Fee Acres P S'0.00 /i \cre 07 -72rf -1900- 800300 $ n/a Other Off -si :e Sewer Connection 500 ga = /dav @ $380/100 coal /day Other OR- 4(rU -1 100- 600400 $ b00.00) Yn 07- 705 - 1300 - 720100 $ 1, 900.00 TOi;\i. S $ 4 -283 00 4L (1) NOTE: All def -,rred feOc nr� p.�vnhj� �t tlir t•�t� in f(�ct at time of pnyment. (2) .757 Acres :: $154.00 /acre (See Obata Development Agreement) = $117.00 (3) The cnwer agrees that fees have been computed for a 0.757 acre port_ = of parcel 841 -15 -078. (See attached exhibit) Use shall be restricted to the 0.757 acre portion only. The owner further agrees that any expanded use of this parcel wil reouire additional fees. / Accepted b� Date A . -2-