Hindiyeh, Omar - PDA No. 89-37A� 00593' '
k .Susdnne'E. Steinmetz,City Clk NO FEE PER GC SEC 27383 M -- --
City of Gilroy t i LL ' iE 0 U R
7351 Rosanna Street AT 'At UEST OF
Gilroy, CA 95020 LU
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PROPERTY DEVELOPMENT AGREEMENT ® �l�i /i 7 23 AM `91
RESIDENTIAL O .t080S
SANTA C A A COUNTY
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: LAURIE K A14E
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM RECORDER
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 89 -37A
-J
This agreement made and entered into this 6th day of May ....
19 91 by and between the City of Gilroy, a municipal corporation, herein called the
"City" and Omar Hindiyeh , a real property owner
developer or subdivider, herein called the "Developer ".
In
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, cr"
covering certain real estate known as and called: [7'1
APN 841 -01 -113 (8050 Swanston Lane, Gilroy. and 215 Swanston Lane) 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:
gRrTTON 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-
L 7 1 7PAGE 16 67
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 $ 16,300.00 , and
the other shall be executed in an amount no less than 50% 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 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 8 thereof to be due under the terms and
provisions of this agreement.
SECTTON 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.
SECTION 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.
1WZ
L 7 1 7PAGIE 1 668
s Ec'rl ON f3
TN -8 the following! General Stipulations anti the attached stipulrntl.ons shall be
cnmp(etnt. subject Co the approval of the Director of Public Works.
1. locate and properly dispose of any wells, septic tanks and underground fuel
storage faciIItes.
The capping of any well will require inspection by the Santa (:larn
NOTE :
Valley Water District.
X
toll 7.. ►lie work nffec..t't11}; ►velcicul.nr tcraffic'nistcompletedxwiticc,a ml nimumrirlLCrruptl,on
Co traffic.
3. All work within t:he public right —of —way shall be subject to the npprovnJ. of
tice City Engineer. may proceed, an all
4. Ilefore conatructlon uCilTOVidedotouwittin 190efeetso the building Rite; and
wentlier nccess must be
nt least one in service fire hydrant must be available within S00 feet of each
portion of the site wherein determined
sby the
ruction Fire Chiefke place. Location of.
the fire hydrants will
SECTION 9
Tint the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL. AMOUNT DUI: CITY
$ 25,016.27
7N WITNESS WHEREOF, said parties have caused these presents to be executed
the (Inte and year first above written.
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A'TTE.,,.
FOPH 11 OVLD t /A
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DEVI:J.opER ,�
BY
BY
DATE 2/23
Y°
nd NOTE ',,rf�l�c*ve��per� is �►r�corporatAre'titl.esooflthe personsasiAningcfo (rotheecorporstio no
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RECORDER'S MEMO
FAINT WlF,7!.NG, TYPING, CAR13ON
COPIES OR DOT MATRIX PRINTERS
MAKE POOR PHOTOGRAPHIC RECORD
-3-
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA ss.
On April 23, 1991 before me, the undersigned,
a Notary Public in and for said State, personally appeared
OMAR M. HINDIYEH , known to me to K
be the person whose name subscribed to the within instru-
ment and acknowledged that he executed the same.
WITNESS my hand and pfficial seal.
usanne . E'.' °.S.te:rirnetz City Clerk, City Gilroy
per GC .:Sec. 46$14;, CCU'Sec. 1181
L 71`7 PAGE 1 669
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
L717PAGE1 70
No. 89 -37 A
Date 1/15/91
Initialed LP
Location of Property 8050 & 215 Swanston Lane
Assessor's Parcel No. 841-01-113 (Split Parcel on 2/20/90)
Name of Applicant Ofelia G. Garcia
Address 6640 Princevalle Street, Gilroy
Type of Development Proposed Residential Storm Drain Area "C"
Area .374 Ac. Street Frontage 160' (Parcel 1 = 811; Parcel 2 = 79')
Special Public Works Services
Engineering Map Check for lots
Final Maps $1,960.00 + $261.00 /lot
Parcel Maps $416.25 + $202.00 /lot
Miscellaneous Engineering Services
hours x $50.17 /hr
Public Works Microfilming (Maps and Plans)
1 - 6 sheets $129.64 + $5.51 /sheet
7 -12 sheets $165.66 + $5.51 /sheet
13 -18 sheets $201.68 + $5.51 /sheet
number of sheets
Engineering Plan Check and Inspection
Cost of Public Improvements
10% of first $100,000
8% of $100,000 - $200,000
7% of over $200,000
Fire Hydrant Location Fee
1,630.00
$38.33 for the first 5 hydrants
+$ 3.84 for each additional hydrant
100 - 2600 -3- 600400 $ Pd.
S
100 - 2600 -3- 600412 $ 1,668.33
$ 16,300.00
$ 38.33
Storm Development Fee
FF
Area
"A"
$2,120.18 /Acre
Area
"B"
$1,985.97/Acre
Area
"C"
$3,382.08/Acre
Area
"D"
$2,097.71 /Acre
Area
"E"
$1,580.36 /Acre
Area
"F"
$2,918.53/Acre
Area
"Q"
$2,653.43/Acre
Area
"R"
$1,327.17 /Acre
.374
Acres @$
3382.08 /Acre
Front Foot Water inch diameter
420 - 2600 -3- 680200 $
421- 2600 -3- 680200 $
422 - 2600 -3- 680200 $ 1,264.90
423 - 2600 -3- 680200 $
424 - 2600 -3- 680200 $
425 - 2600 -3- 680200 $
426 - 2600 -3- 680200 $
427 - 2600 -3- 680200 $
430 - 2600 -3- 680400 $ N/A
or 801- 2680 -3- 680000 $
FF @$
FF
Fire Hydrant
Resident
FF
@
$
2.98 /FF
= $
Comm & Ind.
FF
@
$
3.98/FF
= $
Front Foot Sewer -
inch
diameter
430 - 2600 -3- 680500
$ N/A
or 801 - 2680 -3- 680000 _$
FF @$
FF
Front Foot Street Improvements
430 - 2600 -3- 680600
$ by developer
or 801 - 2680 -3- 680000
$
Pavement
SF
@
$_/SF
= $
Curb & gutter
FF
@
$13.00 /FF
= $
Sidewalk
SF
@
$
4.01 /SF
= $
Gal. /Wood Pole
Electrolier
& Conduit
FF
@
$
9.03 /FF
= $
Front Foot Storm Drain -
inch
diameter 430 - 2600 -3- 680700
$ N/A
or 801- 2680 -3- 680000
$
FF @$
FF
Utility Underground Fees
160 LF @ $107.00 /LF (Single Frontage)
Santa Teresa Improvements
Units @ $1,540.65 /Dwelling Unit
Sewer Development Fee
2 Units @ $1,308.00 /Unit (Res)
431 - 2600 -3- 680300 $17.120.00
433 - 2600 -3- 681000 $
435 - 2600 -3- 671000 $ 2,616.00
Gals. @ $547.00/100 GPD (Comm /Ind)
or $1,308.00 whichever is greater
Water Development Fee
2 Units @ $1,075.00 /Unit (Res)
436 - 2600 -3- 695000 $ 2,150.00
Gals. @ $1,123.00/1000 GPD peak (Comm /Ind)
Water User Fee (Construction Water) 720 - 0433 -3- 690000 $ 197.04
160 FF @ $1.07 /FF + .374 Acres @ $69.10 /Acre
Public Works Cash Bonds and Deposits
Other
Other
801- 2680 -3- 680000 $24,450.00
TOTAL DUE CITY
BALANCE DUE
$25 016.27
NOTE: All deferred and /or estimated fees will be adjusted to the rates in
effect'at the time Building Permits are issued.
* Not included in total.
Accepted
Date: 4 2 2 J