Hall, George and Joanne - PDA No. 91-41Susanne E. Steinmetz,City Clerk
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
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NO FEE PER CC SEC 27383
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PROPERTY DEVELOPMENT AGREEMENT
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AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: L k WANE
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM No. -'*E31- •4Dr.R
DRAINS AND OTHER PUBLIC WORKS FACILITIES
16th September
This agreement made and entered into this day of
19 91 , by and between the City of Gilroy, a municipal corporation, herein called the
a real property owner
"City" and
George and Joanne Hall
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:
7635 Monterey Street, A.P.N. 799 - 004 -005 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
appurtecity, and ,for the
providing the necessary connecting system, general plant
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, 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, 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.
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Q65PACE0 ! 82
d. To construct and improve all public works facilities and other
improvements as set out herein, nccot ding to the standards
heretofore established, and acrerdinp to the prides, plans and
specifications thereof, all as nrproved by the City Engineer, and
shall furnish two (2) Food and sufficient hands, Me shall he
executed in the face amount of no lass tl,, °:n $ 7,350.00 3 Ind
the other Shall be executed in an amount no less than 507 of the
above mentioned herd and shall secure payment to the contractor,
his subcontractors and to persons renting equipment or furnishine
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, nt- dinnnces, 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 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 reap of the
survey or the building permit covering the
and before any work is done therein, the D
all sums, shown in Section 9 thereof to he
provisions of this agreement.
WCTtnN i
subdivision, the record of
real estate to he improved
eveloper shall pay to the City
due under the terms and
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 apreement.
SECTION 4
That all the provisions of this agreement •and all work to he 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.
AFrTION 5
That the special provisions concerning tho particular real estate referred to
above, being attached hereto, are hereby incorporated herein and expressly made n
part of this agreement.
SFr'T'ION A
That the faithful. and prompt performance by the Developer of each and every tee!''
and condition contained herein is made an express condition precedent to the glut`; OF
the City to perform any alit in connection with this transaction and the farlurp ,
neglect or refusal of the Developer to so per fore,, or to pay any monies due hot eundp r
when due shall release the City from any and all ohlipntions 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 renedy whnVs -over it may have under the laws of
the State, of California or the Codes, Ordinnnces, Pen" lutions of the Citv, in rho event
of any such default by Developer.
SECTION 7
That this agreement, together with the attached stipulations, is an insrrament
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 i uze to
the benefit of the successors in interest of Moveloper. Upon the sale or division of
the property described in Exhibit A, the terms of this agreement shall apply Y�pi rattily
to each parcel and the Developer of each parcel shY l succeed to the oblipirio"!:
imposed on Developer by this agreement.
Photogrw;-,hic image may h0
P co
orig;liai docum �,
65PAGEO184
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: NSA gal per day.
Peak water use not to exceed: NSA 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.
CA(TTnN In
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
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S 1.385.56
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTE .'
City .Glen
FORM AP ,ROVED:
City Attorney
CITY OF GILROY
BY
BY
DATE �Si ��,, r ,bGr 9.9/
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.
ALL- PURPOSE ACKNOWLEDGMENT
State of
California
County of Santa Clara
On 9 -9 -91 before me, Patricia K. Bentson (name, title of officer),
personally appeared George E. Hall and Joanne Hall ,
X1 personally known to me — OR --X2i proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and
that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
OMC= MIAL
Pa1rlCia K. ftnmn
Ally MJSIIC CAL
SANTA CLARA COUNN
1h COMM. Eupim . W1� k IMi
WITNESS my hand and official seal.
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ature
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NO 209
CAPACITY CLAIMED BY SIGNER
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ENTITY, IES REPRESENTED
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• F'.0 Box 7184 • Canoga Park, CA 91304 -7184
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LOCATION MAP
LANDS OF HALL
A.P.N. 799 -04 -005
7635 MONTEREY STREET
DEVELOPMENT AGREEMENT NO. 91 -41
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