Gilroy Redwoods Associates - PDA No. 88-46 R1Susanne E . Steinmetz,City Clerk NO FEE PER GC SEC 27.3$3 1 1 0 6 6 G 4 9
City of Gilroy,
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7351 Rosanna ' St . lu AT REQUEST OF
Gilroy, CA 95020 ,, /
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PROPERTY DEVELOPMENT AGREEMENTtP ZQ 35M
T,gTcD MP COMMERCIAL INDUSTRIAL INSTITUTIONAL
TED
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS-''
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM No. 88 -46 Rl
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 19th day of August
19 91 , by and between the City of Gilroy, a municipal corporation, herein called the
"City" and
Gilroy Redwo 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.P.N. 790 -04 -031, Kern Ave. /Mantelli
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 _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, the current Zoning Ordinance, and the currently adopted Uniform Building Code.
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, electriety, 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.
RECORDER'S MEMO
FAIAi'1' WRITING, 'TYPING, CARBON
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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. shall be and
executed in the face amount of no less than $ 184,90
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 tl►e 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 hereinnbove 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 nmount•pf 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 tl►e 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.
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 rill 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, OrdanancPS, 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 tl►e real property described in Exhibit A. All
the terms, covenants and conditions herein imposed shall be binding upon and inure to
the benefit o[ the successors in interest of Developer. Upon the sale or division
the property described in Exhibit A, the terms of. this agreement shall apply p• l
to each parcel and the Developer of each parcel shall succeed to the obligations
imposed on Developer by this agreement.
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SECTION 8
daily sewer and water allocation. The allocation
The Developer will pay for a
limits are as follows:
Sewer capacity not to exceed: 24 units
Peak water use not to exceed: 24 units
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
S and maintaining a sewer effluent meter. Said meter shall
meet city 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
1. Locate and properly dispose of any wells, septic tanks and underground fuel
storage facilites. the Santa Clara
NOTE: The capping of any well will require inspection by
valley Water District.
2. Schedule the kcaffecting vehicular otraffic iso completed nwith bai so onstruction of minimum
that�the wor
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
constructionlisltowtakenplaOCefeet
of each portion of the site wherein
Location of the fire hydrants will be determined by the Fire Chief.
SECTION 10
chedule enumerates all fees and their
That the attached Development Cost S
extentions.
$ 97 073.00
TOTAL AMOUNT DUE CITY
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IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
Ma
City Clerk
FO ` �AJoPROVED:
City Attorney
CITY OF GILROY
.w
BY
BY Joseph DiConza, President, Attorney- n_-Fact,
Gilroy Redwoods Associates
DATE _
BY
BY J. Allen Ha:�Ies, Treasurer,
Gilroy Redwoods Associates
NOTE: If Developer is a corporation, the co fete legal name and corporate
corporation and the corporate titles of the persons signing for the
shall appear above.
STATE OF CALIFORNIA
Santa Clara
COUNTY OF
a
SEAL
I �'' l�'
K..+ NOTARY PUBLIC 4 U • ?vA
CLARA COUNTY
My Comm . Expires Jan, 30. 1995
ICW Cal 315R(04/86)
STATE OF CALIFORNIA
Attorney -in —Fact,
seal of the
corporation
ss 13th August 1991
On this day of , in the year , before me, the
undersigned Notary Public, in and for the State of California, personally
appeared Joseph DiCOnza
personally known to me (or proven to me on the basis of satisfactory
evidence) to be the person who executed the written instrument as Attorney -
In -Fact on behalf of the Corporation therein named and acknowledged to me `
that the Corporation executed it.
13th August
Given under my hand and the Notary Seal this day of 9
A.D. 19 .
My Commission expires
Notary ubli
,
Santa Clara ss
COUNTY OF On this 13th day of August , in the year 1991 , before me, the
'� undersigned Notary Public, in and for the State of California, personally
appeared .1 Al 1 en HaVe s
personally known to me (or proven to me on the basis of satisfactory
evidence) to be the person who executed the written instrument as Attorney -
In -Fact on behalf of the Corporation therein named and acknowledged to me
that the Corporation executed it.
1�15t'`ir�t,� Given under my hand and the Notar y Seal this 13th day of August
NOTARY rUMIC C Ir „ NA
SANTA CLAIM COUNTY A.D. 19 9 1
my Comm. Expires Jan. a ,1995 My Commission expires
ICW Cal 315R(04/86) Notary Pu is
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EXHIBIT A
VICINITY MAP
GILROY REDWOODS ASSOCIATES
A.P.N. 790-04-013
Mantelli Drive/Kern Ave.
III
III
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