GFB Acquisition Partnership - PDA No. 89-9k Susanne E. Steinmetz, City Clem NO FEE PER GC SEC 27383
City of Gilroy
7351 Rosanna Street 0080630
p
Gilroy, CA 95020
PROPERTY DEVELOPMENT AGREEMENT K 9 2 0 FL5E 1 0 3 2
�,t`yw'� " �'1��► COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 89 -9
This agreement made and entered into this 17th day of 1410 /V
19 , by and between the City of Gilroy, a municipal corporatioif, herein called the
"City and G F s Acquisition Partnership a real property owner
developer or subdivider, bdivider, 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:
APN 841 -15 -052 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 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.
-I-
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K92OF15EI033
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 $ 4,000.00 ' and
h
te 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 Covernment 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 arid
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.
CRCTTnN 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.
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.
SF.CTInN 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 tire 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,
gFCT1nm 7
That this agreement, together with ttre attached stipulations, is an instrument
affecting the title or possession of tire 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.
,Photographic imaav may bs
poor due to condition of
original document.
K 020D46E1034
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 gal per day.
Peak water use not to exceed: 1,500 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.
gRCTTnN In
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY $ 6,386.98
K020F�GE1032
NO FEE
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IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTES /
City Clerk
FO PROVED • fr ;
ty Attorney
CITY GILROY
0
t
E
Mayor
CikV-$dministrator
JIB Acquisition Partnership
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. NNO0630
TO 1946 CA (9 -84)
(Pa nership)
TATE OF CA O h A 1 SS,
COUNTY OF I
OnC�- - -�v
said State, personally ap
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person -S who executed the within instrument as
^11 1 of the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
Signature
J TICOR TITLE INSURANCE
me, the undersigned, a Notary Public in and for
-4-
OFFIC'IAI, SEAL
, iN 1 -) URNIA
My yam i�s ioa Expir La. 4, i98y
(This area for official notarial seal)
..I
K 920F4U-E1 036
05 6,34 0 . RM COM . . • is e A Up" . M5
1. No occupancy on this site, other than that which exists now, will
be granted prior to the acceptance by the City of all of the off -
site improvements.
2. The sewer and water allocations specified in this agreement apply
to the southerly 0.815 acres of APN 841 -15 -052. The northerly
0.375 acres are covered by a separate allocation agreement. A
parcel map is being processed concurrently with this agreement
which will separate the two parcels.
3. All fees shall be paid at the rates in effect at the time of
payment.
4. This agreement shall run with the land and be binding upon any
successors in interest.
5. Drainage fees are being charged for the northerly 0.375 acres
only. Upon issuance of a building permit for any constrution on
the southerly parcel, drainage fees will be charged for that
parcel.
Page 1 of 1
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CITY OF •.•
K 920P�H1038
No. 89 -9
Date 3 -9 -89
Initialed NSA
Location of Property ���a Chestnut Street (northeast corner of Chestnut &
Luchessa)
Assessor's Parcel No. 841 -15 -052
Name of Applicant Greco Felice and Blaettler (General partnership)
Address 8351 Church Street, Gilroy, CA 95020
Type of Development Proposed Parcel Map and Storage Yard
Area 1.20 acres Stone Drain Area "A"
Street Frontage 257.46' on Chestnut, 178.13' on Luchessa
Special Public Works Services
.. N
Final Maps $333.00 + $44.40/lot
Parcel Maps $416.25 + $34.41/10t
2 number of lots
Miscellaneous Engineering Services
4 hours X $45.51/hr
100 - 2600 -3- 600400 $_____294.70
$ 485.07
$______L82.04
Public Works Microfilming (Maps and Plans) $ 127.59
1 - 6 sheets $117.59 + $5.00 /sheet
7 -12 sheets $150.26 + $5.00 /sheet
13 -18 sheets $182.93 + $5.00 /sheet
2 number of sheets
Wood Pole Mounted Electrolier
- FF @ $8.58/FF
Engineering Plan Check and Inspection
Cost of Public Improvements
100 - 2600 -3- 600412 $ 400.00
$ 4,000.00(est)_
10% of first $100,000 = $400.00
8% of $100,000 - $200,000 =
7% of over $200,000 =
(Subject to change based on actual cost.)
Storm Development Fee
Area "A"
$2,016.07 /Acre
220 - 2640 -3- 680200 $____Z56.03
Area "A -111 $4,018.85 /Acre 220- 2640 -3- 680201 $Parcel 1 only
Front Foot Charges
Water - inch diameter
FF @$ FF
Sewer - inch diameter
FF @$ FF
Street Mwrovemrents
X�FGuE1039
230 - 2636 -3- 680400 $ WA
230 - 2636 -3- 680500 $ WA
230 - 2636 -3- 680600 $ WA
Pavement SF @ $NSF = $
Curb & gutter _ FF @ $12.36/FF = $
Sidewalk r SF @ $ 3.81/SF = $
Gal. Pole
Electrolier
& Conduit _ FF @ $ 8.58/FF = $
Fire Hydrant
Resident FF @ $ 2.83/FF = $
Comm & Ind. _ FF @ $ 3.78/FF = $ _
Stone Drain - inch diameter 230 - 2636 -3- 680700 $ WA
FF@
Sewer Development Fee
705 - 2662 -3- 671000 $ 2,735.00
Units @ $1,308.00 /Unit (Res)
500 Gals. @ $547.00 /100 GPD (Comm/Ind)
Water Development Fee 725 - 2772 -3- 695000 $ 1,684.50
Units @ $1,075.00 /Unit (Res)
1,500 Gals. @ $1,123.00 /1000 GPD peak (Comn/Ind)
Construction Water 720 - 0433 -3- 690000 $ 16.75
25 dw FF @ $0.67/FF + _ Acres @ $43.19/Acre
Fire Hydrant Location Fee 720 - 0433 -3- 692000 $ WA
$34.77 for the first 5 hydrants
+$ 3.48 for each additional hydrant
Public Works Cash Bonds and Deposits
Other
801 - 2680 -3- 680000 $ 6,000.00
TOTAL DUE CITY
$ 6,386.98