Filbro Development Company - PDA No. 86-39y•r.
Susanne E. Steinmetz,CityClk
City of Gilroy
7351 Rosanna Street
(� G i 1•roy , CA 95020
No Fee per GC Sec 6103
DEVFLOPMENT AGREEMENT
INDUSTRIAL, INSTITUTIONAL
9715151.
K 5`0
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 86 -39
This agreement made and entered into this 16th day of I•lay
19 88 , by and between the City of Gilroy, a municipal corporation, herein called the
"CitjT and FILBRO DEVELOPMENT CMIPANY(General Partnership 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:
The Gilroy Villaqe (APN 841 -16 -098 & 104) 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:
qFf TTnN i
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, i9, 20, 2i 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.
FRC'TTnN 9
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.
NO FEE
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C.
K 559FGGE 90 7
d. To construct and improve all public works facilities and other
improvements as set cut herein, nccordinp to the standards
heretefere established, and nccording to the grades, plans and
specs f ieatio ^.s thereof, all ins approved by the City Eppineer, and
shall fu, nish two (2) `rod and saf ficient bonds, One shall be
executed in the face amount of "0 less than S 305,440.00 , and
the other shall he executed in an amount no less than 501 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 -42iO 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 hereinnhove provided for, shall by the
terms remain in full force and effect fur a period of one (l) 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 M of the
total contract price (with a minimum amount of one thousand dollars,
$3,000.00) to cover the one W) 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 he due under the terms and
provisions of this agreement.
GFCTInN I
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.
SFCTION S
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.
SFCT I,IN A
That the faithful and prcr,pt 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, Ordinnnces, 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 separntely
to each parcel and the Developer of each parcel shall succeed to the obligations
imposed on Developer by this agreement.
-2-
K559PGGE 908
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: 15,000
Peak water use not to exceed: 22,000
gal per day.
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.
cFrTTnu In
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
-3-
$ 1,003.00
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K 559reGE 909
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATT T: /
City Clerk
ZOAm APPROVE) .
City At orney
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.
CAT. NO. NN00627
TO 1944 CA (9 -84)
(Individual)
J TICOR TITLE INSURANCE
STATF OF CALIFORNIA
COUNTY OF Santa Clara SS.
May 9, 1988
On before me, the undersigned, a Notary Public in and for
said State, personally appeared Ernest Filice and Val A. Filice, doing business as
F;lhro Development Company
personally known to me or
proved to nu on the basis of satisfactory evidence to be
the persons \vhose name s are subscribed to the
within instrument and acknowledged that they eXe_ �pl 11111tYNl IIIwlNltlIII I list 1tl1111tumusnt111lraN! "%
r•
cutcd the same. SHARON E. Le FOUNTAIN
\ \'l'i•N 1•.SS my hand and official seal. m • NOTARY PUBLIC - CALIFORNIA =_
`» SANTA CLARA COUNTY
i ti(y axnrnts on expres Feb 10. 1991 =i
Signature S��C2�x cl.ci�'z —' = llilllilli111{ IIIIIIRIi111111111i !ih{I11;19lI11fi1111111U1111
Sharon E. La Fountain
(This area for official notarial seal)
-4-
K 5 5 9 r-LGE 910
May 13, 1988
• • im
PaPIKIVOMIJ2021 0 2OW124 i Is.
1. The Developer acknowledges his responsibility to assure all
elements of the infrastructure are functioning and will provide the
necessary funds to correct any deficiencies until the expiration of the
maintenance period. Said maintenance period may be extended by the City
Council if any element of the infrastructure remains deficient.
2. The developer agrees no buildings shall receive occupancy permits
until all work in the public riot of way is completed and ready for City
Council acceptance.
4. The City agrees to reimburse the Developer for the cost of the
following items at the following agreed upon prices:
a. Time -based coordination units installed in the traffic signals at
Tenth Street and Monterey Street, Alexander Street, and Chestnut
Street. Agreed cost is $7,586.76.
b. Opticom signal pre- enption receivers in the traffic signals at
Tenth Street and Alexander Street and at Tenth Street and Chestnut
Street. Agreed cost is $24,686.20.
c. Iandscaped median on Tenth Street between Alexander and Chestnut
Streets. Agreed cost is $18,615.00.
The cost of the above listed items will be reimbursed to the developer
within 10 days of acceptance of the off -site work the City.
SI l_l- �z c -e
Filbro Development Company
DATED
SI
City "OfGi1roy
May �G, ��s8
• - Ns • •
K 5 5 9 ruGE 911
No. 86 -39
Date 5 -6 -88
Initialed NSA
1,ocation of Property South side Tenth Street between Chestnut and Alexander _
Assessor's Parcel No. 841 -16 -098 & 104
Name of Applicant Filbro Development Convany _
Address 7631 Filice drive, Gilroy, CA 95020 _
Type of Development Proposed Shopping Center
Area 10.751 acres StonmL Drain "A"
Street Frontage 743.91 + 688.77 + 558.51 = 1991.19 feet _
Special Public Works Services
Subdivisions $190.00 + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
2 number of lots
Miscellaneous Engineering Services
6 _ hours x $32.55/hr
Public Works Microfilming (Maps and Plans)
13 sheets x $5.00 /sheet
Wood Pole Mounted Electrolier
FF @ $5.25/FF
ExIineeruig Plan Check and Inspection
5% of the Cost of Public improvements
5% x $_305,440.00 _
Storm Development Fee
100- 2600 -3- 600400
$ 89.00
$___195 - 3 0
$ 65.00
$ N/A
100- 2600 -3- 600412
$ 349.30 Pd
$ 15,272.00
14,269.00 pd
Area "A"
$1,868.00 /Acre
220- 2640 -3- 680200
$ 20,082.87 pd
Area "A -1"
$3,716.00/Acre
220- 2640 -3- 680201
$
Area 'B"
$1,654.00/Acre
221 - 2641 -3- 680200
$
Area "C"
$2,798.00/Acre
222 - 2642 -3- 680200
$
Area "D"
$1,788.00/Acre
223 - 2643 -3- 680200
$
Area "E"
$1,364.00 /Acre
224 - 2644 -3- 680200
$
Area "F"
$2,424.00/Acre
225- 2645 -3- 680200
$
Area "Q"
$2,333.00 /Akre
226- 2646 -3- 680200
$
10.751 Acres @$ 1 868.00
Acres @$
K 5 5 9 Pl:GE 912
Front Foot Charges
Water 230 - 2636 -3- 680400 $_ 16,505.89 pd
T @$ FF
BeW,er 230- 2636 -3- 680500 $___D,114-_53 pd
r FF @$ FF
Str"t M*MWIMMts 230- 2636 -3- 680600 $� 61, 376.00 Ad
Pavement 35,449.7 SF @ $1.61 JSF = $_57,_074.00
curb & gutter 377 FF @ $11.41/FF = $ 4,302.00
sidewalk SF @ $ 3.27/SF = $ by developer
Gal. Pole
Electrolier
& conduit FTC' @ $ 5.25/FF = $ by developer
Fire Hydrant
Resident FF @ $ 2.67/FF =
comm & Ind. F7 @ $ 2.99/FF = $ by developer
Storm Drain 230- 2636 -3- 680700 $ 20,968.00 pd
FF@
Sewer Development Fee 705 - 2662 -3- 671000 $----!i7,000 .00 pd
Water Development Fee 725 - 2772 -3- 695000 $� 20,199.74 pd
units @ $880.88/Unit
22,000 Gals. @ $918.17/1000 GPD peak
construction Water 720 - 0433 -3- 690000 $___1,2L20.93 pd
1991.19 FF @ $0.55/FF + 10.751 Acres @ $21.00 /Acre
Fire Hydrant Location Fee 720 - 0433 -3- 692000 $ 31.00 pd
$31.00 for the first 5 hydrants
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits 801 - 2680 -3- 680000 $_ 458,160.00 * _
Other $_226..220-92 _
225,217.92 pd
T ML Dr CI'T'Y $___l._003 - 00 _
MTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the
time building Permits are issued.
Date:�L /
K 5 5 9 P�GE 913
CALCULATION SHEET
SHOPPING CENTER - 10TH STREET
C -10
Chargeable Improvements
Water Lines
Sewer
! D
Tenth St.
1/2(12 ") 743.91 + 43 + 30
= 816.91 x $14.18 - 11,583.7
G
Alexander St.
1/2(10 ") 558.51 + 43
= 601.51 x 10.19 = 6,129.39
A�
Chestnut St.
1/2(12 ") 688.77 + 43
= 731.77 x 14.18 = 10,376.50
= 5,569.98
Total $ 28,089.67
Storm Drains
Tenth St.
Alexander St. 1/2(18 ") 558.51 + 43
Chestnut St. 1/2(24 ") 688.77 = 43
Pavement
Total pavement area from OS -2
35,449.69 S.F. x $1.61 /S.F. _
Curb and Gutter
= 601.51 x $15.31 = $ 9,209.12
= 731.77 x 16.07 = 11,759.54
Total S 20,968.66
West side of Chestnut (240 + 137) x $11.41 =
$ 57,074.00
$ 4,302.00
Total $ 61,376.00
Sewer
v-f
Tenth St.
1/2(19 ") 743.91 + 43 + 30 =
816.91 x $10.31
= $ 8,422.34
A�
Alexander St.
1/2( 8 ") 558.51 + 43
= 601.51 x 9.26
= 5,569.98
Chestnut St.
1/2(10 ") 688.77 = 43
= 731.77 x 10.31
= 7,544.55
Total
$ 21,536.87
Storm Drains
Tenth St.
Alexander St. 1/2(18 ") 558.51 + 43
Chestnut St. 1/2(24 ") 688.77 = 43
Pavement
Total pavement area from OS -2
35,449.69 S.F. x $1.61 /S.F. _
Curb and Gutter
= 601.51 x $15.31 = $ 9,209.12
= 731.77 x 16.07 = 11,759.54
Total S 20,968.66
West side of Chestnut (240 + 137) x $11.41 =
$ 57,074.00
$ 4,302.00
Total $ 61,376.00
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