MG Gilroy - PDA No. 90-54k S0" ^snne E. Steinmetz,CityClk
—City j)f Gilroy NO FEE PER GC SEC 27383
7351 Rosanna Street
Gilroy, CA 95020 3
,. rnOPERTY 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
V
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1 0781 709
No. 90 -54
This agreement made and entered into this 7th day of January
19 91 , by and between the City of Gilroy, a municip corporations �eai1 °roaertd owner
llc and MG Gilroy, 1250 24th St., N /W, Suite 220 , p p" y
developer or subdivider, herein called the Developer Washington, D.C.
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:
Arroyo Circle between Leavesley and Camino Arroyo, APN 841 -69 -27 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 by City, and
such utilities and public service facilities atandeappurtenances,fand the
providing the necessary connecting system, g eneral P lant
City is agreeing to discharge those responsibilities.
ation of the
NOW THEREFORE, in consider Reso d
Resolutions and Regulations, o in order t
ons,itistagreed
intent and purpose of said Codes, Ordinances,
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,
Regulations include, but are not limited to, the following: 20, 21hRes. 85 -9 and 76 -4 7 £
Gilroy (including but not limited to Chapters 12A, 19, ,
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 vSubstitutionstthereofe as
referred to Codes, Ordinances, Resolutions, Regulations and
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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94 PP E'i989
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 $ 45,874.00 , and
the other shall be executed in an amount no less than 50% of ti►e
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 tt►e 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 tl►e 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 tl►e 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 separ:►tely
to each parcel and the Developer of each parcel shall succeed to the obligations
imposed on Developer by this agreement.
_2_
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: 10,000 gal per day.
Peak water use not to exceed: 10,000 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.
SECTION 10
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
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$ 33,173.99
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IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and.year first above written.
:its
MG GILROY II LIMITED PARTNERSHIP
BY COMMERCIAL REAL ESTATE SERVICE, Gen. Part.
BY
n, Generai Parther
DA &Dcemb�eir 12, 1990
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.
QC
L 3 •
:9
PARTNERSHIP (INDIVIDUAL PARTNERS) AS A PARTNER
OF A PARTNERSHIP
(Compiled CC Sect. 1190a)
STATE OF CALIFORNIA )
San Francisco )SS.
COUNTY OF )
On this 12 day of December , 19 90 , before me, the
undersigned, a Notary Public in and for said County and
State, personally appeared Jack B. Anderson
known to me to be one of
the partners O Cnmmarrial Rawl Rata1-a RrrvirP
a partnershi,pp, aid partnership being
known to me to be one of the /64d4rr, :rs of ** MG Gilroy II
Limited Partnership the partnership
that execute the within instrument and acknowledged to me
that they executed the same as one of the partners of
the partnership first above named, that said partn
first above named executed the same as one of the / arrttners
of said ** MG Gilroy II Limited Partnership
an that said partnership last above named
executed the same.
WITNESS my hand and official
seal.
I
Notary Public in and for
said County and State.
( FOR NOTARY SEAL OR STAMP )
( )
( OFFICIAL SEAL
SHARON A. CHUN )
(
NOTARY PUBUC-CALIFORNIA )
( CITY AND COUNTY Of SAN FRANCISCO )
My Comm. Expires Jan. 6, 1992
R
STIPULATIONS TO DEVELOPMENT AGREEMENT NO. 90 -54
1. No occupancy of any building on this site will be granted prior to the
granting of easements for ingress, egress and public utilities for
Parcel 2 and the acceptance by the City of all off -site improvements
including sidewalk along Leavesley Road in State right -of -way.
2. Permission to construct improvements within the sewer easement such as
landscaping, curbs, pavement, etc. is granted with the stipulation that
the City is not responsible for their replacement should it be necessary
to remove or damage them in any way as a part of the City's use of the
sewer easement. The determination of the necessity shall be made by the
City.
3. Locate and properly dispose of any wells, septic tanks and underground
fuel facilities.
NOTE: The capping of any well will require inspection by the Santa
Clara Valley Water District.
4. All fees shall be paid at the rates in effect at the time of payment.
5. This agreement shall run with the land and be binding upon any
successors in interest.
6. 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.
SIGNED 3
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