Gilroy Presbyterian Church - PDA No. 87-1NO FEE per GC Sec.6103
k Susanne E. Steinmetz,CityClk
C*y of Gilroy
.7351 Rosanna Street
Gilroy, CA 95020
9561534
rKUe ERTY DEVELOPMENT AGREEMENT
K 413PA�E 16
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
id "" AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 87 -1
This agreement made and entered into this 21st day of December
19 87 by and between the city of Gilroy, a municipal corporation, herein cal ed the
"Ci —Tr and GILROY PRESBYTERIAN CHURCH , 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:
I D—,-off Mn R1 n -23 -004
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.
-1-
K 413PAGE 17
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 $ 124,73, and
the other shall be executed in an amount no less than —5OX 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 tiie 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 ill 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 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.
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.
SFCT i ON 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.
-2-
K 413PAGE IS
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: 600 gal per day.
Peak water use not to exceed: 3000 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.
QVrTTnN In
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
NO FEE
-3-
/br
36,748.52
9561884
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K 413PAGE 19
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTEPT- ;.�.
FVanne 11E..' She+
C erk
By
..� Y• t Clerk
FO APPROVn:'
City Attorney
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.
-4-
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
Location of Property Miller Avenue west of Thomas Road - Mesa Road
Assessor's Parcel No. 810 -23 -004 —
Name of Applicant Gilroy Presbytarian Church
Address - —
Type of Development Proposed Church
Area _ Storm Drain Area
Street Frontage --
Special Public Works Services
Engineering Map Check
Final Maps $300.00 + $40.00 /lot $
Parcel Maps $375.00 + $31.00 /lot
number of lots
Miscellaneous Engineering Services $
6 hours x $41.00 /hr
Public Works Microfilming (Maps and Plans) $
1 - 6 sheets $112.53 + $5.00 /sheet
7 -12 sheets $143.79 + $5.00 /sheet
13 -18 sheets $175.05 + $5.00 /sheet
10 number of sheets
Wood Pole Mounted Electrolier $
FF @ $8.33 /FF
Engineering Plan Check and Inspection
Cost of Public Improvements $
10% of first $100,000 = 10,000.00
8% of $100,000- $200,000 = 1,978.40
7% of over $200,000 =
(Subject to change based on actual cost.)
Storm Development Fee
Area "A" $1,957.35/Acre
Area "A -1" $3,901.80 /Acre
Area "B" $1,833.45/Acre
Area "C" $3,122.34/Acre
Area "D" $1,936.61 /Acre
Area "E" $1,458.99/Acre
Area "F" $2,694.39/Acre
Area "Q" $2,449.65/Acre
6.309 Acres @$ 2,694.39 /Acre
100 - 2600 -3- 600400
n/a
246.00
193.79
n/a
100 - 2600 -3- 600412
124,730.00
220 - 2640 -3- 680200
220 - 2640 -3- 680201
221- 2641 -3- 680200
222 - 2642 -3- 680200
223 - 2643 -3- 680200
224- 2644 -3- 680200
225 -- 2645 -3- 680200
226- 2646 -3- 680200
K113PAGE 20
No. 87 -1 (Rev)
Date 10 -28 -87
Initialed NSA JBL
$ 439.79
$ 11,978.40
S
S
$ 16,998.91
K413PAGE
Front Foot Charges
21
Water - inch diameter
230 - 2636 -3- 680400
$
Deferred **
FF @$ FF
Sewer - inch diameter
230 - 2636 -3- 680500
$
Deferred **
FF @$ FF
Street Improvements
230 - 2636 -3- 680600
$
Deferred **
Pavement SF @ $ /SF =
$
Curb & gutter FF @ $12.00 /FF =
$
Sidewalk SF @ $ 3.70 /SF =
$
Gal. Pole
Electrolier
& Conduit FF @ $ 8.33/FF =
$
Fire Hydrant
Resident FF @ $ 2.75/FF =
$
Comm & Ind. FF @ $ 3.67/FF =
$ _
Storm Drain - inch diameter
230-2636-3-680700
$
Deferred
FF@ $ /FF
Sewer Development Fee
705 - 2662 -3- 671000
$
2,736.00
Units @ $1,090.00 /Unit (Res)
600 Gals. @ $456.00/100 GPD (Comm /Ind)
Water Development Fee
725 - 2772 -3- 695000
$
3,369.00
Units @ $1,075.00 /Unit (Res)
3000 Gals. @ $1,123.00/1000 GPD peak
(Comm /Ind)
Construction Water
720 - 0433 -3- 690000
$
1,193.31
1549 FF @ $0.67 /FF + 3.6 Acres
@ $43.19 /Acre
Fire Hydrant Location Fee
720 - 0433 -3- 692000
$
33.11
$33.11 for the first 5 hydrants
+$ 3.31 for each additional hydrant
Public Works Cash Bonds and Deposits
801 - 2680 -3- 680000
$
187,095.00
$
Other
Other
$
—_
TOTAL DUE CITY
$
36,748.52
NOTE: All deferred and /or estimated fees will
be adjus ed rates 'effect at the' /y /g$
time building Permits are issued.
* Not included in total.
** To be partially installed and
��� ���
constructed in Phase 1. Accepte'd'by:,%
Date:y
CORPORATE ACKNOWLEDGMENT
State of CR►.. ►PORN 19 - -.—
SS.
Countyof 5A"TA CLARA
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NOTARY PEELIC.CALFO. "'.N!A.
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My Cc ^rrissicn :xPires Fou 3, 1089
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GENERAL ACKNOWLEDGMENT
State of ALI FOR NIA
SS.
County of SA M'A CL90
PAGE 22 NO 202
On this the Ll day of SAN U A R`/ 1906, before me,
- LiNov gE7. L..ococo _
the undersigned Notary Public, personally appeared
j2)/42ff --- F
personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
�57R7 9D C/EIeK ___ or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary's ignature
On this the �T" day of SAN0ARY 1988. before me,
4INDA E�. 100000
the undersigned Notary Public, personally appeared
"R0BEIRT )E7. - TAY4Q1e
NO 201
G;iOMM CIO C'(!) �"t9C.CGSJGr9MG
Personally known to me
pEFIC IAL SwAL
.,
proved to me on the basis of satisfactory evidence
=. UND4 E LOCOCO
NOip.RY 9� }gLIC CF.LI�Oi(N ►A
�
to be the person(s) whose name(s) iJ` subscribed to the
SANTA CLARA COUNTY
within instrument, and acknowledged that f/ executed it.
Expires Feb 3, 1989
WITNESS my hand and official seal.
My Commiss;cn
Notary's ignature
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7110122 NATIONAL N01AHr AbbUU1A11U11 - co 11 — ... — -
ADDITIONAL TERMS AND STIPULATIONS
TO THE DEFERRED IMPROVEMENT AGREEMENT
BETWEEN THE CITY AND THE GILROY PRESBYTERIAN CHURCH
DATED: December 21, 1987
K 413PAGE 23
1. The City of Gilroy agrees to provide sewer capacity, water service for
domestic use and fire protection for new Church on Miller Avenue. The
Church agrees to execute a Sewer and Water Allocation Agreement, A Deferred
Annexation Agreement, and a Deferred Improvement Agreement. The Church also
agrees to remit to the City of Gilroy the appropriate fees for Water and
Sewer Connection Charges and Plan Checking Fees. Outside service rates will
apply.
2. The Church agrees to install the following improvements concurrently
with the development of their new building:
a. Extend a 12" Water main from the intersection of Thomas Road and
Mesa Road to the entrance of the new church.
b. Extend an 8" Sewer main from Thomas to the entrance of the new
church at a 1% grade.
C. Overlay Miller Avenue from the intersection of Thomas Road and Mesa
to just past the church entrance.
d. Install one street light near the entrance.
e. Dedicate street Right of Way to the County. An additional 20' is
required to create a 70' Right of way.
3. Deferred improvements under the first phase of construction include but
are not limited to the following:
a. Extension of the 12" water main from the church entrance to the west
property line (estimated cost 900 x $35 = $31,500 at 1987 prices).
b. Extension of the 8" sanitary sewer from the church entrance to the
west property line (estimated cost 750 x $22 = $16,500 at 1987
prices).
C. Construction of storm drains from the intersection of Thomas Road
and Miller Avenue to the west property line (estimated cost 1700 x
$36 = $61,200 at 1987 prices).
d. Reconstruction of Miller Avenue, the church frontage, the estimated
costs are:
Streets: $2.26/SF x 1430' x 16' _ $51,709
Sidewalk: $3.70 /SF x 1430' x 4 = 21,164
Curb & Gutter: $12.00 /LF x 1230 = 14,760
Electroliers: $2500 EA x 5 = 12,500
Fire Hydrants: $2000 EA x 5 = 10,000
TOTAL $110,133
All of the above listed improvements (Item 3 a -d) would cost approximately
$219,333 at 1987 prices and there would be a possible reimbursement of
$54,600 if the property on the other side of Miller Avenue is developed.
4. The Church agrees that storm drainage fees have been calculated on
only 6.309 acres of their property with this agreement. The Church agrees
to pay the remaining fees or will legally divide their parcel to the size
upon which fees were paid at the request of the City. Said request will be
made upon annexation or when any downstream storm drainage construction is
in progress on other developing property.
Signed:
Dated /
/-y -V
CORPORATE ACKNOWLEDGMENT K 413 PAGE 24 No 202
State of Cg 4 N 1 A__ On this the y day of SF> NU F4F"q 19-E)Q, before me,
SS.
County of AWR CLAD LI NOA L�C_OC-o ,
the undersigned Notary Public, personally appeared
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LCICC
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Myc Ex?ires Feb 3, M'?
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GENERAL ACKNOWLEDGMENT
State of CALIrORNIA
County of JANTA CLARA SS.
NCTARY F,jgLIC - CALIFORNIA
SAN ?A Ctf.RA COU : i Y
toy G 3, 1949
=r C�mrrrss'• � Ex.ires cb
F" 1_oco
e personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
STt4-7— lD CL,EQK___ or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary's Signature
No 201
On this the 4 day of JPNUARY 1966, before me,
the undersigned Notary Public, personally appeared
- - - __ R0BET F-: • Toyl -OR
personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) 15 subscribed to the
within instrument, and acknowledged that HjE executed it.
WITNESS my hand and official seal.
?jc l a 6,
Notary's Sigrature
- _. - ••,• ., _.. .�.,� 1.r,,,,, l —Hmc C4 Q13R5 -4675