Gavilan Honda - PDA No. 86-37Suscnne •E. Steinmetz,City Clerk
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
NO FEE PF:R GC SEC 6103
PROPERTY DEVELOPMENT AGREEMENT
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
894561'7
OF
AT
L
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEM §C
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, ST(W
DRAINS AND OTHER PUBLIC WORKS FACILITIES IQ_:,.'-86 37
J845PAGE '732
This agreement made and entered into this 2nd day of September
19 86 by and between the City of Gilroy, a municipal corporative, herein called the
"Ci' y T and GAVILAN HONDA , 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:
A portion of APN 841 -66 -002 (Parcel 1) 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 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�Labove 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 tiie 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.
J845PAGE 733
d. To construct and improve all public works facilities and other
imptovements 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 $None Required , 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.
'file 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 clue 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 the
date and year first above written.
I
RECTinN s
That tine 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.
RF(TION 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 ttansaction, and tine 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 the attached stipulations, is an instrument
affecting the title or possession of the real propetty described in Exhibit A. A11
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 8415PAGE 734
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: 1,000 gal per day.
Peak water use not to exceed: 3,000 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.
�- Tile 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: Tile 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.
RRrTTnN in
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
-3-
$ 3,294.00
$45P46E 735
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
t.
ATTES .
City Clerk
CITY OF GILROY
i�
BY lc� vLf� f l Frnt4�
BY
D TE �/� ��S �.
/ 1)46
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.
co n �0f�. ...n a c.. )
be�ore me, the undersigned, a Nc -ar,- Public in
and for. aid Santa Clara County and State, personally appeared
known to be the - President, anc?
known to me to ne the 71 r<<';t, f , r Secretary
of the corporation tnat executed the within instrument, and know
to me to be the person who executed the within instrument on
behalf of the corporation therein named, and acknowledged to me
ghat such corporation executed the same
TTNESS mv hand and of- ficial seal
otary Public
Commission E::pires:
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OFFICIAL SEAL
JUDY DIAZ
I>
NOTARY PUBLIC - CAI_IF02NIA
SANTA CLARA COUNTY
My comm. expires OCT 16, 1987
J 845PAGE 73f;
ADDITIONAL TERMS AND STIPULATIONS
TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND GAVILAN
HONDA CORP DATED
1.S The Developer agrees to improve the project site to the
requirements as outlined by this agreement, the project plans,
and City Ordinances and Standards.
2. The Developer agrees to construct finished floor
elevations as shown on the Improvement Plan and the finished
lot elevation to within 1.4 feet of the finished floor
elevation. These elevations will raise the building pad one
foot above the anticipated flood level and the finished lot to
no less than 0.4 feet below flood level. These finished
elevations should adequately protect the building and property
stored on the lot to the limits described.
3. The developer acknowledges that Stutz Way is a
private street and will not be maintained by the City.
Location of Property
J 8 40' PAGE 737
CITY OF GILROY No. F36 -37
DEVELOPMENT COST SCHEDULE Date 4/15/86
Initialed NSA
Chestnut South of Tenth Street (East Side)
Part of Raisch Products Inc. Profict C -2
Assessor's Parcel # Portion of 841 -66 -002
Name of Applicant Gavila n Honda
AddreRs 8787 Monterey Street, Gilroy
T f D 1 t P d Automobile Dealership
G C -')-
ype o eve opmen ropose
Area 3.051 Acres Storm Drain Area "A"
Street Frontage Not Applicable (Lot development fees to be paid by Raisch)
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
I hours x $32.55/hr
Public Works Microfilming (Maps and Plans)
-O 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 $
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" $2,333.00 /Acre
3.051
Acres @$ 1 868.00 /Acre
Acres @$ /Acre
01- 100 - 1100- 600400 $ 33.00
(50% = $16.50)
$ n/a
32.55
$ -0-
$ n/a
01 -100- 1100 - 600412 $ -0
02- 220 -1300- 720200
02- 220 - 1300 - 720201
02- 221 -1300- 720200
02- 222 -1300- 720200
02- 223 - 1300 - 720200
02- 224 - 1300 - 720200
02- 225 -1300- 720200
02- 226 -1300- 720200
$ n/a
Front Foot Charges
Water
FI- @$
Sewer
FF @$
Street Improvements
Pavement
Curb & Gutter
Sidewalk _
Gal. Pole
Electrolier
& Conduit
Fire Hydrant
Resident
Comm & Ind.
Storm Drain
/FF
/FF
02- 230 - 1300 - 720400 $
02- 230 -1300- 720500 $
02- 230 - 1300 - 720600 $
SF @ $ /SF - $
FF @ $11.41 /FF - $
SF @ $ 3.27/SF = $
FF @ $ 5.25/FF = $
FF @ $ 2.67/FF - $
FF @ $ 2.99/FF = $
02- 230 - 1300 - 720700 $
FF @$ /FF
Sewer Development Fee
1000 gpd. @ $380.00 /100 /gpd
Water Development Fee
Units @ $880.88 /Unit
3,000 Gals. @ $918.17/1000 GPD peak
J840' PAGE '738
f
n/a
n/a
n/a
n/a
07 -705- 1300 - 720100 $ 3,800.00
500 = 1,900.00)
07- 725- 1300 - 720300 $ 2,755.00
50% = 1,377.50)
Construction Water 07- 720 - 1900 - 800100 $
FF @ $0.55 /FF + Acres @ $21.00 /Acre
Fire Hydrant Location Fee 07- 720 - 1900 - 800300 $.
$31.00 for the first 5 hydrants
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits
Other
08- 800 - 1100 - 600400 $
n/a
n/a
n/a
$ n/a
TOTAL DUE CITY $ 0,588.00
501 = 3,294.00)
BALANCE DUE $ 3,294.00
NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the
time Building Permits are issued.
Accepted by:
Date: E12, G
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