Industrial 20 Ventures - PDA No. 92-22Susanne E. Steinmetz,
n City of Gilroy '
/ j 4 7351 Rosanna Street
Gilroy, CA 95020
n MUIR. o
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TED MP
City Clerk h Z 5 4 Pig GPE 12 61
PROPERTY DEVELOPMENT AGREEMENT 1 14 2 4- 9 1
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
Y AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 92 -22
This agreement made and entered into this 15th day of June -
19 92 , by and between the City of Gilroy, a municipal corporation, herein called the
"City" and Industrial Twenty Ventures , 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. 1341 -15- -113 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, 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
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1 1 42'931
the Developer or any contractor or subcontractor of t
Developer, or any employee thereof, shall do in grading or working T
upon said real estate. r
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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 ncrordinp to the grades, plans and
specifications the=reof, all as approved by the City Rngrneer, •'Mil
shall furnish two (2) geed and sufficient hands. One shall be
executed in the face amount of no less than S 27 , and
.500.00
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 the improvement hereunder,
and as provided for in Section 4200 -4210 of the Government Code
of the State of California, the Coder,, Ordinances, Resolutions,
and Regulations of the City, and this ny,ermont.
The faithful performance hand hereinnhove provided for, shall by the
terms remain in full force and effect for a period of one (1) gear nfter
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 hand for maintenance, the
Developer may furnish a maintenance bona in the amount of i0o 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 neap of the subdivision, the record vF
survey or the building permit covering the real estate to he improved
and before any work is done therrin, the Developer shall pay to the City
all sums, shown in Section 9 thereof to he due under the terms and
provisions of this agreement.
CFCTICIN 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 ngreement.
SECTION 4
That all the provisions of this npreement 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 incetpornted herein and expressly made n
part of this agreement.
SEC'T'ION 6
That the faithful and prompt performance by the Developer of each and v ery tet
and condition contained herein is made an express condition precedent to the dw y of
the City to perform any act in connection with this transaction, and the failure,
neglect or refusal of the Developer to so pet force, er to pay any monies due hnerourder
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 whntscover 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.
RFCTInN
That this agreement, together with the attached stipulations, is an instr.:ment
affecting the title or possession of the teal 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. Capon the sale or division of
the ptopetty described in Exhibit A, the corms of this agreement shall .apply sapnrntely
to each parcel and the Developer of each parcel stall succeed to the oblipn io"s
imposed on Developer by this agreement.
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FAINT WF;lT.,;;: - ;-vp;r40' CARBON
COPIES OR GOT PAA1 dl PR!N T ERS
MAKE POOR PHOTOGRAPHIC RECORD
M 2 5 4 H, GE 1263
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
To be assigned from the Obata Industrial Pool
at the time of development.
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.
QPrTTnN In
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY $ 3,598.00
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M254P GE' 1264
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written,
ATT T:
City Clerk
Susanne E. Steinmetz
FORM AP OVVEED:
'XL_� ��' LZZ'6�__
City Attorney
Linda A. Callon
CITY GILROY
BY --
A.R. Woolworth, General Partner
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.
ALL — PURPOSE ACKNOWLEDGMENT
State of California
County of Santa clAra
On June 9, 1992 before me, Gloria E Gilleland (name, title of officer),
personally appeared Mr, A R Woolworth
J personally known to me — OR — 3 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.
WITNESS my hand and official seal.
My ro -,: .. P nY
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CAPACITY CLAIMED BY SIGNER
j INDIVIDUAL S SIGNING FOR ONFSELF THEMSELVES
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CORPORATE
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OFFICERS
TITLF S
COMPANY
Industrial Tweaty
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PARTNIHS
Venillr s,
PAR'NF RSHIP
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PHINCIPAI S
TRUSTEE S
TRUST
jOTHER
TI T;E S
TITLE S
E NTITY IFS RE PH[ SFNTFD
ENTITY IES REPRESENTED
«. NATIONAL NOTARY ASSOCATION • 82 Pem—, Ave. -PO Box 7184. Canoga Park. (-A 91:l. 111.
h254PsGE 1 265
CITY OF GILROY No. 92 -22
DEVELOPMENT COST SCHEDULE ------- - - - - --
ESTIMATE Date 13- Apr -92
Prepared by Mark Fachin
NOTE: This 100 % cost schedule has been adjusted to the rates in
effect at the time Building Permits were issued.
Location of Property Westerly End of Mayock Road
---------------------------
Assessor's Parcel No. 841 -15 -113
Name of Applicant
Industrial Twenty Ventures
-----------------------------------------------------
Mailing Address
167 San Antonio Rd., No. 14, Los Altos 94022
Dev Type: Comm? Y/N
-----------------------------------------------------
N SF Res? Y/N N Other? Y/N N Storm Drn N
Ctry Est Water? Y/N
----
N Obata Industrial Park Credits? Y/N N
- - - - --
Ctry Est Sewer? Y/N
N Northwest Quadrant Sewer Connect? Y/N N
No. Units 2
Number of Units or Lots Used in Estimate
0
Total Area 3.254
Acres Number of Acres Used in Estimate
3.254
Actual FF 0.00
Feet Front Footage used for FF Charges
0.00
Front Footage used
for Cost of Improvements and Const Water
0.00
Commercial /Industrial
Sewer (GPD) 0 Water (GPD)
0
Special Public Works
Services 100 - 2600 -3- 600400
$848.00
Maps:
100%
$848.00
Final $2,058.00
+ $274.00 /lot N $0.00
Parcel $437.00
+ $212.00 /lot N $0.00
Reapportionment (Assessment
District Parcels)
First Two $499.00
+ $131.00 /ea additionalN $0.00
Miscellaneous Engineering Services:
(Cost Schedules, Agreements, R/W Reviews and Other Misc. Services)
10 hr Misc Eng Ser @ $70.00 /hr.
Public Works Microfilming (Maps and Plans):
1- 6 sht $136.00 + $6.00 /sheet
7 -12 sht $174.00 +
13 -18 sht $212.00 +
# of Shts 2
COST SCHEDULE
$6.00 /sheet
$6.00 /sheet
(1)
Y $700.00
$148.00
$0.00
$0.00
M254N -,G" 1266
Engring Plan Check and Inspection 100 - 2600 -3- 600412
(Based on total cost of public
right -of -way improvements) 100%
Actual Cost of Public Improvements $27,500.00
10% of first $100,000 $2,750.00
8% of $100,000 - $200,000 $0.00
7% of over $200,000 $0.00
Fire Hydrant Location Fee
Number of additional hydrants 0
Fst Five $40.63 + $4.07 /ea additionalN $0.00
Storm Drain Development Fee
Zone A $2,166.82 / ac. 420 - 2600 -3- 680200
Zone A -1 $4,319.36 / ac.
Zone B $2,029.66 / ac.
Zone C $3,456.49 / ac.
Zone D $2,143.86 / ac.
420 - 2600 -3- 680200
421 - 2600 -3- 680200
422 - 2600 -3- 680200
423 - 2600 -3- 680200
100%
100%
100%
100%
100%
Obata Industrial Park Credits
(Based on reimbursements due from oversized storm facilities)
Obata $1,170.00 / ac. $0.00
Storm Development Fee Credit ------- - - - - --
Zone E $1,615.13 / ac. 424 - 2600 -3- 680200
Zone F $2,982.74 / ac.
Zone Q $2,711.81 / ac.
Zone R $1,356.37 / ac.
425 - 2600 -3- 680200
426 - 2600 -3- 680200
427 - 2600 -3- 680200
100%
100%
100%
100%
COST SCHEDULE (2)
$2,750.00
$2,750.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Water User Fee (Construction)
$3.44 / f.f.
• Bonds and Securities
• Not included in TOTAL DUE
1i 254P"Gr 1267
720 - 0433 -3- 690000
TOTAL DUE CITY $3,598.00
-------- - - - - --
100% $3,598.00
+ $224.19 /a.c.
801 - 2680 -3- 680000
N $0.00
100% $0.00
* $41,250.00
(est)
100% total may not be exact due to
rounding of individual fees.
NOTE: All deferred and /or estimated fees will be adjusted to the rates in
effect at the time Building Permits are issued. The undersigned
agrees to provide actual construction costs for recalculation of
fees and pay any underestimated fees prior to final acceptance. If
the recalculated fees are less than the estimate, the City of
Gilroy will refund the difference.
Accepted by,��,
Date:
i
3
COST SCHEDULE (e)
Exhibit A
Vicinity Map
Lands of Industrial Twenty Ventures
A.P.N. 841 -15 -113
Property Development Agreement 92 -22