Leavesley Investors - PDA No. 90-6110946310
Spsanne•F. Steinmetz,CityClk. NO FEE PER GC SEC 27383
City of Gilroy
7351 Rosanna Street NO FEE °
Gilroy, CA 95020 C
'ERTY DEVELOPMENT AGREEMENT
�Y��J�• '�`ry COMMERCIAL, INDUSTRIAL, INSTITUTIONAL Jun 41
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AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: �;` t,OUNTi
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No.;�:,,';',
This agreement made and entered into this 17th day of June
19 91 , by and between the City of Gilroy, a munici pal corporation, herein ca ed the
"C1 yTr and Leavesle Investo s 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 no. 835 -04 -04 and 835 -04 -60 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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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 Fngineer, and
shall furnish two (2) good and sufficient bonds. One shall be
executed in the face amount of no less than $ 19,668.00 , and
the other shall be executed in all 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 hereinnbove 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 Arid
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.
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 rem-dy whnts0ever 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.
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L753r �2 180
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: 7,500 gal per day.
Peak water use not to exceed: 15,000
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.
cv TTnN in
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
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$ 64,780.25
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L 758PAGE2 181
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTES
City Clerk 1
y
BY f
BY LL,,� _ - - --
DATE ,`If
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 CALIFOlkNI IA
SS.
COUNTY OF - -- -�_X On %i before Me, the undersigned. a Notary Public in and for said State,
personally appeared _(_ _. /. _- personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person whose name subscribed
to the within instrument, as the Attorney_ in fact of --
and acknowledged to me that_ - - subscribed the
name ---- of o�4' - t __T : _ _ thereto
as principal __ -__ and own name___- __ °` v OFFICIAL SI✓AI,
as Attorney _ in fact (RYS1111 P,AFFERIY
NOTARY PUBLIC CAUPORNIA
WITNESS my hand and official seal ' �, SANTA CLARA COUNTY
My Comm. Expires Aug 23, 1993
Signature --
Name (Typed or Printed)
T -1104 (This area for official seal)
S'I'A'I'E OF CAIJFOANIA
COtTN'I'Y OA' L" SS.
On this —_. day of in the year
before me, the undersigned, a Notary Pubbc in- and 4'or said County and State,
personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to
be the persons) that executed this instrument on behalf of the partnership and
acknowledged to me that the partnership executed it.
Signature �
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
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VICINITY SITE :AP
CHEVY' S RESTAURANT
8440 MUR -RAY %7.
Location of Property_
Assessor's Parcel No.
Name of Applicant
Address
Type of Development P
Area 1.23 ac.
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
ESTIMATE
'758?': air
No. 90 -61 R1
Date 2/15/91
Initialed LP
8440 Murray, East side of Murray 300' No. of Leavesley
835 -04 -04 & 60
Simmex, Inc. - Leavesley Investors
Pier 35, Suite 201, San Francisco, CA 94133
roposed Restaurant Storm Drain Area "C"
_Street Frontage 209.72
Special Public works Services 100 - 2600 -3- 600400 $ 436.17
(50 %) 218.09
Engineering Map Check for lots pd. 1/15/91 `117.75
50% due 100.34
Final Maps $1,960.00 + $261.00 /lot $ N/A
Parcel Maps $416.25 + $202.00 /lot
miscellaneous Engineering Services $ 301.02
(pd. 100.34 1/15/91)
6 hours z $50.17 /hr
Public works microfilming (Maps and Plans) $ 135.15
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
100 - 2600 -3- 600412 $2,005.13
(50 %� 1,002.5,
$ 19,668.00
pd. 1/15/91 319.16
1,966.80 50% due 683.41
$38.33 for the first 5 hydrants
+$ 3.84 for each additional hydrant
$ 38.33
Storm Development Fee
Area "A"
Area "B"
Area "C"
Area "D"
$2,120.18 /Acre
$1,985.97 /Acre
$3,382.08 /Acre
$2,097.71 /Acre
Area
"E"
$1,580.36 /Acre
Area
"F"
$2,918.53 /Acre
Area
"Q"
$2,653.43/Acre
Area
"R"
$1,327.17 /Acre
1.23
Acres @$
3,382.08 /Acre
758 ",IG-2184
420 - 2600 -3- 680200 $
(508)
421 - 2600 -3- 680200 $
(508)
422 - 2600 -3- 680200 $4,159.96
Pd. 1/15/91 (508) 2,079.98
423 - 2600 -3- 680200 $
(508)
424 - 2600 -3- 680200 $
(508)
425 - 2600 -3- 680200 $
(508)
426 - 2600 -3- 680200 $
(508)
427 - 2600 -3- 680200 $
(508)
Front Foot Water -
inch
diameter
430 - 2600 -3- 680400
$
N/A
or 801 - 2680 -3- 680000
$
(508)
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
$
(508)
FF @$
FF
Front Foot Street Improvements
430- 2600 -3- 680600
$
N/A
or 801 - 2680 -3- 680000
$
(508)
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
$
(508)
FF @$
FF
Utility Underground Fees
LF @ $107.00 /LF (Single Frontage)
Santa Teresa Improvements
Units @ $1,540.65 /Dwelling Unit
Sewer Development Fee
Units @ $1,308.00 /Unit (Res)
758'1iG_7 1 l3.5
431 - 2600 -3- 680300 $ N/A
(50 %)
433 - 2600 -3- 681000 $ N/A
(508)
435 - 2600 -3- 671000 $ 41,025.00
pd. 1/15/91 (50 %) 20,512.50
7,500 Gals. @ $547.00/100 GPD (Comm /Ind)
or $1,308.00 whichever is greater
Water Development Fee 436 - 2600 -3- 695000 $ 16,845.00
pd. 1/15/91 (50 %) 8,422.50
Units @ $1,075.00 /Unit (Res)
15,000 Gals. @ $1,123.00/1000 GPD peak (Comm /Ind)
Water User Fee (Construction Water) 720 - 0433 -3- 690000 $ 309.39
pd. 1/15/91 (50 %) 154.70
209.72 FF @ $1.07 /FF + 1.23 Acres @ $69.10 /Acre
Public Works Cash Bonds and Deposits
Other
Other
801 - 2680 -3- 680000 $29,502.00*
(508)
(50 %)
TOTAL DUE CITY $64,780.65
(50 %) 32,390.33
PAID 1/15/91 31,606.59
50% DUE 783.75
BALANCE DUE $32,390.31
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 by:
Date: CA, /`/