LoBue, Victor - PDA No. 85-62+KtLLF
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b��ti�3J Susanne E. Steinmetz,City Clei
NO FEE per GC Sec. 6103 City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
PP,O rRTY DF.V i3OrMrN r AGIZV NEWT
COILMERC 1 AL, I NDUSTR 1 AI,, I NST I TILT I ONAL 4�5 f6fm 93 3
AGREEMENT FOR E}('T'ENSIONS OF WATER DISTRIBUTION SYSTEMS: �i
IMPROVEMENT OF STREETS: LNSfALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILI'T'IES No. 85 -62
This agreement made and entered into this 2nd day c December
19 85 , by and between the City of Cilrov, a municipal corporation, herein called the
"CIF Tr and VICTOR LOBUE JR. , 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 new been submitted to the City for approval and acceptance,
covering certain real estate knew,, as and called:
DRY CREEK VILLAGE 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 Regulntions have been • promulg,. -ited
concerning the subject matter of this agreement -Intl,
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, peneral plant and appurtenances, and the
City is agreeing to discharge those responsibilities.
NOW THE12EFt7RE, in c�>nsi;[erat inn of the premises and in order to carry on the
intent and purpose of said Codes, Ordinances, Resolttions and Regulations, it is agreed
by and between the parties as follows:
SFCTION I
That all Codes, Ordirinr.cr:s, Rescllttions, Rules and Rep..ulations ar,d est,-�hlished
policies of tite City and the laws of the State of California concerning the subject
matter of this agreement are hereby referred to ntld incorporated herein to the same
e :feet as if they were set out nt length herein. Said Codes, Ordinances and
Regulations include, but are not limited t(-,, the following: the Code of the City of
Gilroy (including but not limited to Chapters i2A, i9, 2.0, 21 Res. 85 -9 and 76 -47, .
thereof pertaining to local irr,provement proc.edirres ill subdivision or development
respectfully): Ordinance No. 83 -15 (7.oninp Ord.): P,csulution 85 -5 (1982 Uniform
Building Code): Rules and Regulations. Included in the above are all of the above
referred to Cozies, Ordin.�!nces, Resolutions, Regulations and Substitutions thereof, as
amended to the time of execution of this agreement.
SF('TION
The Developer agrees:
a. To perCcrm each and every prk vjsjon tegt1ir2(i l,v the City to be
perfor❑ i by the Devc It per in each and eery one of said Codes, to `A,
O:
Ordinances aril other Rec,ilation :;. 'l:
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b. To grate` t,! the City wit',,,,rt r-hatgc, Crf•c r;nd clear of �+ � 0
encumbrances, any and all sti['l- A-1ted enscme.nts and rights of way �1 -
in and to
his said real rrcperty necessary for the City in order
that lis Mater, elertrlct_y, nlid/, :rr sewer litres in or to said
zeal property may he extended.
c. To indenrttify and 114•1d the City It :rtnlnss :111d fr-e from all dnmaj ,,e
and liability det!e to anv utility, public facility or other
Material or iltstallati<•n of the City ou ::.lid real estate which
the Developer or any contractor yr suhcerut rac'tor- of the
Developer, or nnv ewpl-vee th"If"J, shall -I4, in priding_ or w<'rkinp
upon said real e�t.�t�
46Pati 934
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 $ 35,5 54.00 , and
-the other shall be executed in an amount no less than 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 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
survey or the building permit covering the
and before any work is done therein, the D
all sums, shown in Section 9 thereof to be
provisions of this agreement.
SECTION 3
s,,bdivision, the record of
real estate to be improved
>veloper shall pay to the City
due under the terms and
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.
RF.rTfnm iL
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.('TTnm 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, er any right
accruing to the City or may pursue a: remedy whatsoever it may have under the laws of
the State of California or the Codes,JOrdinances, Resolutions of the City, in the event
of any such default by Developer.
SFrTTnn 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.
-2-
46pat 935
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: 8,376 gal per day.
Peak water use not to exceed: 30,000 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.
SECTION 9
That the following are the estimated amounts of costs to be borne by the respec-
tive parties hereto, and it is further understood and agreed that said amounts are
estimated only and are subject to final determination upon completion of the work.
FACILITY DEVELOPMENT COST
Engineering Map Checks
a) Subdivisions $i90JI) + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
number of lots
b) Miscellaneous Engineering Service
2 hours x $31.00 /tir (Paid $15.50)
C) Public Works Microfilming
sheets x $5.00 /sheet
d) Wood Pole Mounted Flectrolier
FF @ $5.00 /FF
e) Engineering Plan Check and Inspection
5% of the Cost of Public Improvements
5% x $ 35,554.00
f) Storm Development Fees
2.16 Acres @ $2310.00 /Acre (Paid 2495.00)
Acres @ $ /Acre
n/ a
$ 46.50
$ n/a
$ n/a
$ 17,778.00
S 2,495.00
g) Front Foot Water Fee
FF @ $ /FF
h) cront Foot Sewer Fee
FF @ $ /FF
i) Street Improvements
Includes pavement, curb & gutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for breakdown.)
j) Front Foot Storm Drain Fee
FF @ $ /FF
AMA 936
$ n/a
n/a
$ By Developer
$ n/a
k) Water Development Fee $ 19,143.00
30,000 Gal. @ $850.81/1000 GPD peak (Paid $10,215.00)
1) Construction Water $ 384.00
725 LF @ $0.50 /FF + 2.16 Acres @ $20.00 /Acre (Paid $21.50,
m) Fire Hydrant Location Fee
$31.00 for first five hydrants
+ 3.00 for each additional
1 hydrants
31.00
n) Sewer Development Fee $ 21,614.00
8376 GPD 2 $380/100 GPD (Paid $6,381.00)
o) Public Works Cash Bonds and
Deposits
p) Other
TOTAL DUE CITY
S 45,491.50
PENALTY:
Overuse of sewer and water allocations shall be penalized under the Rules and
Regulations adopted by the Gilroy City Council.
-4-
J- 5 4 6 PAS 937
i
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTES
?L4,..%
City Clerk
ORM ROVED:
C',tv At, tor nev _ J
,STATE OF CALIFORNIA ) /
)ss.
County of Santa Clara )
CITY OF GILROY
BY
BY
DATE �� Z CA
On this 25th day of November in the year one thousand nine hundred
and 1985 , before me, SUSANNE E. STEINMETZ
a Notary Public, City Clerk, City of Gilroy, State of California, duly sworn,
personally appeared VICTOR J. LoBUE
known to me to be the person described in and that he
executed the within instrument on his behalf therein named, and acknowledged
to me that he executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of
the City of Gilroy in the County of Sa to Clara the day and year in this certificate
'firs'- above_ wri tfte
`City Clerk, City of Gilroy, State alifornia
per Civil Code Section 1181; Government Code Sec.40814.
(Seal)
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546PA 938
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ended)
CITY OF GILROY No. 85 -62
DEVELOPMENT COST SCHEDULE Date 10 -31 -85
2ti
Initialed SD -L
Location of Property Southwest corner of Church Street and Welburn Ave.
Assessor's Parcel # 790 -36 -014
tame of Applicant LOBUE INVESTMENTS (Dry Creek Village)
Address 8385 Church Street, Gilroy, CA 95020
Type of Development Proposed Commercial
Area
2.16 acres Storm Drain Area "Q"
Street Frontage 725 feet
Special Public Works Services
Engineering Map Check
Subdivisions $190.00 + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
01- 100 - 1100 - 600400 $ 46.50
$ n/a
number of lots
Miscellaneous Engineering Service $ 62.00
(Paid 15.50)
2 hours x $31.00 /hr
Public Works Microfilming (Maps and Plans) $ n/ a
sheets x 55.00 /sheet
Wood Pole Mounted Electrolier $ n / a
FF @ $5.00 /FF
Engineering Plan Check and Inspection 01- 100 -1100- 600412 $ 1,778.00
-- _ 5% of
the Cost
of Public Improvement-s-
57. x
$ 35,554.00
Storm Development
Fee
Area
"A"
$1,850.00 /Acre
02- 220 -1300- 720200
Area
"A -1"
53,680.00 /Acre
02- 220 - 1300 - 720201
- -- Area-
"B " - --
- $1,640.00 /Acre
- 02- 221 -1300- 720200
Area
"C"
$2,770.00 /Acre
02- 222 - 1300 - 720200
Area
"D"
$1,770.00 /Acre
02- 223 - 1300 - 720200
Area
"E"
$1,350.00 /Acre
02 -224- 1300 - 720200
Area
"F"
$2,400.00 /Acre
02- 225 - 1300 - 720200
Area
11Q"
$2,310.00 /Acre
02 -226 -1300- 720200
2.16 Acres
@$2310.00 /Acre (Paid
$2,495.00)
Acres
@$ /Acre
S
n
$ 2,495.00
Front Foot Charges
Water
FF @$ /FF
Sewer
FF @$ /FF
Street Impro-ements
d546va6I 939
02 -230 -1300- 720400 $ n/ a
02- 230 - 1300 - 720500 $ n/ a
02- 230 -1300- 720600 $ By Developer
Pavement
SF
@
$ /SF =
$ By Developer
Curb & Gutter
FF
@
$10.87 /FF =
S Is
Sidewalk
SF @ $ 3.11 /SF = $- "
Gal. Pole
Electrolier
& Conduit
FF @ $ 5.00 /FF = $ "
Fire Hydrant
Resident FF @ $ 2.54/FF = $ n/ a
Comm a Ind. FF @ $ 2.85/FF = S By Developer
Storm Drain 02 -230- 1300 - 720700 $ n / a
FF @$ /FF
Sewer Development Fee 07- 705 - 1300 - 720100 $ 21, 614.00
8376 GPD @ $380/100 GPD (Paid $10,215.00)
Water Development Fee 07 -725 -1300- 720300 $ 19,14 -3.00
Units @ $815.00 /Unit
30,000 Gals. @ SS50.81/1000 GPD peak (Paid $6,381.00)
Construction Water 07- 720 - 1900 - 800100 $ 384.00
725 FF @ $0.50 /FF + 2.16 Acres @ $20.00 /Acre (paid $21.50)
Fire Hydrant Location-Fee.... 07- 720 -1900- 800300 $ 31.00
$31.00 for the first 5 hydrants 1 hydrant
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits
Other
08- 800 - 1100 - 600400 $
TOTAL DUE CITY $ 45,491.50
NOTE: (1) All deferred fees are payable at the rate in effect at time of payment.
Accepted by:
Date:
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CURRIES
ADDITION
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4 -TR. N-
232— HOWSON -
STREET
E---+
EXHIBIT A
VICTOR LOBUE, JR.
DRY CREEK VILLAGE
37