Leavesley Investors - PDA No. 86-20X 8% 3 PAGE t290 8973452
Susanne E. Steinmetz,City Clerk PER GC SEC 6103
City of Gilroy
7351 Rosanna St. '.'' ' 'iiD
ray Gilroy, CA 95020 AT R= l -�,.- '
r 1..,: 1 ilEVELOPMEN7 AGREEMENT
�'rO��``ti =� lz COMMERCIAL, INDUSTRIAL, INSTITUTIONAL r�, 1Q (�
17rG� �l�i�s l.' I
AGREEMENT FOR EXTENSIONS OF WATER DISTRiBi_TFION SYST
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, Sj;'; ,~,, y.
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 8C
This agreement made and entered into this day c- September
19 gE, by and between the Citc of Gilroy, a municipal corporation:, herein called the
11C _-Tr and Leavesley Investors 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 835 -04- 003, 028 & 045 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 anal,
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 carr,: on the
intent and purpose of said Codes, Ordinances, Resolutions and Regulations, __ is agreed
by and between the parties as follows:
SECTION 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established
policies of the Citv 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
RegL'iiut-Ji1- in:.lude, hilt
are not limited to, the LC11ew lllg: the Code Oi t[]e Lity o-
Gilroy (Including but not limited to Chapters 121,., 19, 20, 21 Res. 8: -9 anc 76-471
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 ever- one of said Cedes,
Ordinances and other Regulations.
b. To grant to the City without charge, free and clear of
encumbrances, any and all stipulated easements and rignts of wav
in and to his said real property necessary for the Cit,. ' order
that its water, electricty, and /or sewer lines in or to said
real property may be extended.
C. To indemnify and held 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.
j813 FAG E1296
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 $ 71,333.00 , and
the other shall be executed in an amount no less than 557/ 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 (l) 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.
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.
SFCTTnN a
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. ,
SF.rTTnN s
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.
SFrTTnm 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.
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j g l3PAul 297
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed:
Peak water use not to exceed:
6,500
gal
per
day.
19,500
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.
cFrTTnN In
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY $ 20,515.43
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J 8 13 PAGE 1. 298
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATY T'
rS
City Clerk
*PROVED: /
,
City Attorney
DATE /! G
-�
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.
Lz
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PARTNERSHIP ACKNOWLEDGMENT
State of California
Santa Clara
County of
SS.
nI"II11Iit•.1.19:"p1ilU77117I11 IIII1I0IIIII"1IIIINUS
iluuamwmw
O F" I C I A L SEAL
Gf-IL CORNAGGIA
,11:Aki VV5LI- — CAUFORNIA Z
%Wril'r Or SANTA CLARA =
Comm. Exp. Dec. 2, 1988
ue>tu�nueno�r nuu�neinnnu��
On this the 12tltlay of _ -_ Auust 19M -, before me,
Gail Cornaggia
the undersigned Notary Public, personally appeared
Allen R. Greco, Joseph A. Filice and
John T. Blaettler
N personally known tome
proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
�G�
Notary's Signature
NO 203
7130 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • W000lano Hills, UA 91364
J873PAGE129;9
ADDITIONAL TERMS AND STIPULATIONS
TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND G B F ASSOCIATES
DATED AUGUST 4,1986
1. The Developer acknowledges his responsibility to assure
all elements of the infrastructure; streets, water, sewer, and
storm drainage systems; are functioning and will provide the
necessary funds to correct any deficiencies until the
expiration of the maintenance period. Said maintenance period
may be extended by the City Council if any element of the
infrastructure remains deficient.
2. The developer agrees no units shall receive occupancy
permits until all work in the public right of way is
completed.
3. The developer is eligible for additional reimbursements
when adjacent properties develop across Murray Avenue. Said
reimbursements shall be available for a period not to exceed
10 years. Reimbursements shall be limited to street paving
beyond the centerline of the street at the rates in effect at
the time of reimbursement.
4. The Developer acknowledges all terms and conditions
stipulated in City of Gilroy Resolutions, City of Gilroy
Development Ordinances and Specifications shall govern the
development of the approved project.
5. The Developer shall install additional Storm Drainage
Improvements in conjunction with his project by installing the
means to collect storm runoff from both sides of Murray Avenue
and carry the storm water through his development. The
developer shall be reimbursed by determining the extra cost
required by size increases and the difference in their
respective cost. The Developer shall receive credit or
payment equal to his additional cost.
6. The Developer agrees to provide the city copies of signed
contracts for all public improvement work before Final Map
approval. When final completion is requested the developer
will submit final costs including all changer orders. The
estimated fees for Engineering and Plan Check will be adjusted
to reflect actual cost. The City will rej and any
overpayments. The Developer agrees t$) pay any deficiency.
SIGNE
-'44'L
8'3 PAGE 1300
CZTy OF CILROT No.
86 -2P
DEVELOPMENT COST SCHEDULE Date 6/26/86
Initialed KB /JBL
Location of Property Murray Avenue, approximately 220 feet north of
Leavesley Road.
Assessor's Parcel # 835 -04 -003, 004, 028 & 045
Name of Applicant Dan Mello
Address 7415 Eigleberry Street, Gilroy, CA 95020
Type of Development Proposed Motel
Area Storm Drain
Street Frontage
Special Public Works Services
Engineering Map Check
Subdivisions $190.00 + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
4 number of lots
Miscellaneous Engineering Service
8 hours x $32.55/hr
Public Works Microfilming (*caps and Plans)
0 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 $
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" $2,333.00 /Acre
Acres @$ /Acre
Acres @$ /Acre
Q1- 100 - 1100 - 600400 $ 355.40
(paid 115.10)
$ 95
$ 260.40
$ 0
$ 0
01- 100 - 1100 - 600412 $ 3,574.39
(paid 639.35)
02- 220 - 1300 - 720200
02- 220 - 1300 - 720201
02 -221- 1300 - 720200
02 -222- 1300 - 720200
02- 223 - 1300 - 720200
02- 224- 1300 - ,'20200
02- 225 - 1300 - 720200
02- 226 - 1300 - 720200
S
S
7b. 44
$ 7,778.44 CR
S
S
J8 73PAR1301
_ont Foc� Charges
Water 02 -230- 1300 - 720400
Murray 18 235.51 $14.18
Leavesley 12" pr @$ $14.18 /v.- 2 ,800.07
Sewer 02- 230 -1300- 720500
Murray 12" 238.51 @ 9.26 2208.60
Leavesley 12" 100 FF @$ @ 1136 /FF 1136.00
3344.60
Street Improvements 02 -230 -1300- 720600
Leavesley 4" AC on 18' x 100
Pavement 1800 SF @ $2.14 /SF - $ 3,852_00
Curb & Gutter FF @ $11.41 /FF - $
Sidewalk SF @ $ 3.27/SF = $
Gal. Pole
Electrolier
& Conduit 238.51 FF @ $ 5.25/FF = $ 1,252.18
Fire Hydrant
Resident FF @ $ 2.67 /FF = S n/a
Comm & Ind. 238.51 FF @ $ 2.99/FF = S 713.14
Storm Drain 02- 230 -1300- 720700
100 rF @$ 16.07 /FF
Sewer Development Fee
4,800.07
S 4,800.07 CR
3,344.60
S 3,344.60 CR
5,817.32
(paid 2,908.66)
1,607.00
$ 1,607.00 CR
07- 705 - 1300 - 720100 S 24,700
6500 GPD 380/100
(paid 16,604)
Water Development Fee
07- 725 -1300- 720300
$
17,904.32
Units @ $880.88 /Unit
(paid 11,706.67)
19,500 Gals. @ $918.17/1000 GPD peak
Construction Water
07- 720 - 1900 - 800100
$
244.56
388.51 FF @ $0.55/FF + 2.78 Acres
@ S21.00 /Acre
(paid 122.28)
Fire Hvdrant Location Fee
07- 720 -190C- 800300
$
31.00
$31.00 for the first 5 hydrants
(paid 15.50)
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits
08- 800 -1100- 600400
S
107,000.00 h
1 + 0.5 = 1.5 = 1.5 x 71,487.75
Other
S
70,157.10
CREDITS
17,530.11
T8 AL DU ZZT:
S
52,626.99
PAID
- 32,111.56
TOTAL DUE CITY
$ 20,515.43
NOTE: 1i1 deferred and /or estimated fees u-ill
be adjusted to the
rates
in effect at the
time Building Permits are issued.
_� ,
PROOF
Pay $52,331.76
+ 17,825.34
70,157.10
Accey
Date:
-2-