Jimenez, Fernando - PDA No. 87-7Susanr..e E. Steinmetz,City Clerk
ity of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
NO FEE per GC Sec 6103
PROPERTY DEVELOPMENT AGREEMENT
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
K099PAGE 414
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 87 -7
This agreement made and entered into this 16th day of March
19 R7 by and between the City of Gilroy, a municipal corporation, herein called the
"City and FERNANDO JIMENEZ (Gen. Ptnr.) , 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:
APN 799 -34 -012 and 027 (Parcel 2) 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 (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.
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K 099PA6E
415
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K099PAGE 416
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 $ 28,530.00 , and
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 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 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.
SR.C'TTnm 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.
RprT1nN A
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.
0
K999,PME 417
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: 822 gal per day.
Peak water use not to exceed: 1,644 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.
SECTION 10
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
-3-
$ 4,222.00
K099PAGE 428
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTE
City Clerk
City Attorne
CITY OF GILROY
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 l G lI k ko 1 G On this the g� day of .���� 19� %, before me,
r i Gr �' f Q v
County of .� �/ SS. %iG` U ,E / /2- C1he7A
thg undersi ned Notary Public, personally appeared
f�°rhCL/) 0 Jfinenf, Z, JUJeph nC0.JrmenrZ:,
O/ VIG V, 6a ✓G/o, fJ°n GGYC /Q
0 Cudo, �nifG [ /hi0C)o
J0,3F�y� Fi11C>° Jr'ann -e K. F / /ire '
,X} personally known tome
❑ proved to me on the basis of satisfactory evidence
MW SEAL to be the person(s) who executed the within instrument on behalf of the
Mary Elizabeth Humphrey
NOTARY PUBLIC- CALIFORNIA partnership, and acknowledged to me that the partnership executed it.
SANTA WITNESS m hand and official seal.
My Comm. Eapiiss May 29, 1990 y
- nnn.cnanir UNrYvvvLt UUMtNl FORM 7130052
otary's Signature
—4—
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
Location of Property 6901 Monterey St. south of Tenth St.
Assessor's Parcel No. 799 -34 -012 and 027
K099PAGE 419
No.87 -7
Date 2 -24 -87 _
InitialedNSA
Name of Applicant Fernando Jimenez ph. 847 -4330
Address 7937 Hanna St., Gilroy, CA 95020
Type of Development Proposed Parcel Map (Existing Comm.- Gilroy Skate Arena)
Area 2.448 acres Storm Drain area "A"
Street Frontage 183.47' on Monterey, 75.0' on Tenth
Special Public Works Services
Engineering Map Check
Subdivisions $190.00 + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
3 number of lots
Miscellaneous Engineering Services
6 hours x $32.55/hr
Public Works Microfilming (Maps and Plans)
1 sheets x $5.00 /sheet
Wood Pole Mounted Electrolier
FF @ $5.25/FF
Engineering Plan Check and Inspection
5% of the Cost of Public Improvements
5% x $ 28,530.00
Storm Development Fee
Area "A" $1,868.00 /Acre
Area "A -1" $3,716.00 /Acre
Area "B" $1,654.00 /Acre
Area "C" $2,798.00 /Acre
Area "D" $1,788.00 /Acre
Area "E" $1,364.00 /Acre
Area "F" $2,424.00 /Acre
Area "Q" $2,333.00 /Acre
0.700 Acres @$ 1,868.00 /Acre
Acres @$ /Acre
100 - 2600 -3- 600400
$ 92.00
$ 195.00
$ 5.00
$ N/A
100 - 2600 -3- 600412 $ 1,426.00
220 - 2640 -3- 680200
220 - 2640 -3- 680201
221 - 2641 -3- 680200
222 - 2642 -3- 680200
223 - 2643 -3- 680200
224 - 2644 -3- 680200
225 - 2645 -3- 680200
226 - 2646 -3- 680200
$ 1,308.00
Front Foot Charges
Water 230 - 2636 -3- 680400
75.0 FF @$ 14.18 FF
Sewer 230 - 2636 -3- 680500
75.0 FF @$ none FF
Street Improvements 230 - 2636 -3- 680600
Pavement SF @ $ /SF = $ N/A
Curb & gutter FF @ $11.41 /FF = $ N/A
Sidewalk SF @ $ 3.27/SF = $ N/A
Gal. Pole
Electrolier
& Conduit FF @ $ 5.25/FF = $ N/A
Fire Hydrant
Resident FF @ $ 2.67/FF = $ N/A
Comm & Ind. FF @ $ 2.99/FF = $ N/A
Storm Drain 230 - 2636 -3- 680700
FF@ $ /FF
Sewer Development Fee 705 - 2662 -3- 671000
Water Development Fee 725- 2772 -3- 695000
Units @ $880.88 /Unit
Gals. @ $918.17/1000 GPD peak
Construction Water 720 - 0433 -3- 690000
183.47 FF @ $0.55 /FF + N/A Acres @ $21.00 /Acre
Fire Hydrant Location Fee 720 - 0433 -3- 692000
$31.00 for the first 5 hydrants
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits 801 - 2680 -3- 680000
Other
K 099PAGE 420
$ 1,064.00
A —1,
$ N/A
$ PAID
$ 101.00
A — n n
$ 42,795.00
TOTAL DUE CITY $ 4,222.00
NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the
time building Permits are issued.
Accepted by:
Date:
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