IFDES (Irmandade Da Festa Do Divino Espirito Santo de Gilroy) - PDA No. 92-02Susanne E. Steinmetz,City Clerk
CI ty of 'Gilroy
7351 Rosanna Street
;Gilroy, CA 95020
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PROPERTY DEVELOPMENT AGREEMENT
COMMERCIAL, INDUSTRIAL. INSTITUTIONAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
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11313485
No. 92 -02
This agreement made and entered into this _6th da Y of April
19 92 , by and between the City of Gilroy, a municipal corporation, herein called the
Irmandade Da Festa Do Divino Espirito Santo de Glj_roy a real property owner
"City" and (IFDES)
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:
250 Old Gilroy Street- A.P.N. 841 -11 -010 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
the Developer or any contractor or subcontractor of the
Developer, or any employee thereof, sha 1 do in grading or working
upon said real estate.
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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. One shalt he
executed in the face amount of no less than $ 3,500.00 , and
the other shall be executed in an amount no less than 507 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 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 n 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 subdivision, the record of
survey or the building permit covering the real estate to he improved
and before any work is done therein, the Developer shall pay to the City
all sums, shown in Section 9 thereof to he clue 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 dale
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 telw
and condition contained herein is made in 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 rho event
of any such default by Developer.
SFCT I nN 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
thr property described in Exhibit A, the terms „f this agreement shall apply RPpn rntely
to each parcel and the Developer of each parcel shall succeed to the obligations
imposed on Developer by this agreement.
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31P"CE0068
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SECTION 8
The Developer will pay for a daily sewer and water allocation. The 11lncati.on
limits are as follows:
Sewer capacity not to exceed:
Peak water use not to exceed:
409 gal per day.
500 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.
QRCTTnN 10
That the attached Development Cost Schedule enumerates all fees and their
extentions.
$
TOTAL AMOUNT DUE CITY 630.00
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IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTE
City Clerk
Susanne E Steinmetz
FORM APP ED:
City Attorney
Linda A. Callon
CITY OF GILROY
BY _ - - -- —
P' nheir `cQQ Secret
BY t -- --
Valenti R ha - President
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.
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA
On / l/ /� before me,
a Notary Public in and for said State,
peyspny lly appe
personally known to me (or 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
acknowledged 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 ntity upon behalf of which the person(s)
acted, executed the instrum `
E} �`U` �G`C�G�G(9�`L`3� C9�C96`C9G`�9G�C9t
WITNESS my hxr3d a d official seal. [ t"'. OFFICIAL SEAL
SAA1,1A REECHEL
NOTARI F
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SANTA CLARA C' NTY sr
Signed My Commission Expires July 28, 1995
THIS CERTIFICATE MUST BE ATTA
Title or type of ocument
No. of Pages
DESCRIBED AS:
Date of Document
CITY OF GILROY No. 92 -2
DEVELOPMENT COST SCHEDULE ------- -- ----
ESTIMATE Date 1/14/92
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 250 Old Gilroy Street
-----------------------------------------------------
Assessor's Parcel No. 841 -11 -010
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Name of Applicant I.F.D.E.S. Lodge
-----------------------------------------------------
Mailing Address 250 Old Gilroy Street
-----------------------------------------------------
Dev Type: Comm? Y/N N SF Res? Y/N N Other? Y/N N Storm Drn X
Ctry Est Water? Y/N N Obata Industrial Park Credits? Y/N N
Final $2,058.00 +
Parcel $437.00 +
$274.00 /lot
$212.00 /lot
N $0.00
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)
4 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 0
$6.00 /sheet
$6.00 /sheet
COST SCHEDULE (1)
$280.00
$0.00
$0.00
$0.00
Ctry Est Sewer?
Y/N
N Northwest Quadrant Sewer Connect? Y/N N
No. Units
0
Number of Units or Lots Used in Estimate
0
Total Area 0.000
Acres Number of Acres Used in Estimate
0.000
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
$280.00
Maps:
100%
$280.00
Final $2,058.00 +
Parcel $437.00 +
$274.00 /lot
$212.00 /lot
N $0.00
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)
4 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 0
$6.00 /sheet
$6.00 /sheet
COST SCHEDULE (1)
$280.00
$0.00
$0.00
$0.00
c1 1 31 PAe7203 i
Engring Plan Check and Inspection
100 - 2600 -3- 600412
$350.00
(Based on total cost of public
------------
right -of -way improvements)
100%
$350.00
Actual Cost of Public Improvements
$3,500.00
10% of first $100,000
$350.00
8% of $100,000 - $200,000
$0.00
7% of over $200,000
$0.00
Fire Hydrant Location Fee
Number of additional hydrants
0
First Fiv $40.63 + $4.07
/ea additionalN $0.00
Storm Drain Development Fee
Zone A $2,166.82 / ac.
420 - 2600 -3- 680200
$0.00
100%
$0.00
Zone A -1 $4,319.36 / ac.
420 - 2600 -3- 680200
$0.00
100%
$0.00
Zone B $2,029.66 / ac.
421 - 2600 -3- 680200
$0.00
100%
$0.00
Zone C $3,456.49 / ac.
422 - 2600 -3- 680200
$0.00
100%
$0.00
Zone D $2,143.86 / ac.
423- 2600 -3- 680200
$0.00
100%
$0.00
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
$0.00
100%
$0.00
Zone F $2,982.74 / ac.
425 - 2600 -3- 680200
$0.00
100%
$0.00
Zone Q $2,711.81 / ac.
426 - 2600 -3- 680200
$0.00
100%
$0.00
Zone R $1,356.37 / ac.
427 - 2600 -3- 680200
$0.00
100%
$0.00
COST SCHEDULE (2)
Water User Fee (Construction)
$3.44 / f.f.
• Bonds and Securities
• Not included in TOTAL DUE
TOTAL DUE CITY $630.00
100% $630.00
ill 1 3 rF C 072
720 - 0433 -3- 690000
+ $224.19 /a.c.
801 - 2680 -3- 680000
N $0.00
100% $0.00
* $5,250.00
(est)
100% total may not be exact due to
rounding of individual fees.
NOTE: All deferred and /or estimated fees will be adjusted to the rates in
effect at the time Building Permits are issued. The undersigned
agrees to provide actual construction costs for recalculation of
fees and pay any underestimated fees prior to final acceptance. If
the recalculated fees are less than the estimate, the City of
Gilroy will refund the difference.
Accepted by:
Date: qh k
COST SCHEDULE ($)
=
EXHIBIT a- No. 92+32
I'F'D'D'S' Lodge
250 Old Gilroy Street
A.P.N. 841-11-010
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