Obata Brothers - PDA No. 92-12Su.sanne- E. Steinmetz, City Clerk h 1 3 1 -r'' "" °-
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
UIOUIU O
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
�i
PROPERTY DEVELOPMENT AGREEMENT
COMMERCIAL, INDUSTRIAL INSTITUTIONAL
'11313483
No. 92-12
This agreement made and entered into this 6th day of April _
19 92, by and between the City of Gilroy, a municipal corporation, herein called the
a real property owner
"City" and
Obata Brothers
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:
A.P.N. 841 -15 -130, Rossi Court I Improvement Plans _
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
appurteCity, and
, for
d the
providing the necessary connecting system, general plant an
City is agreeing to discharge those responsibilities.
NOW of said Codes, Ordinances, Resolutions and on the
and Regulations, it purpose agreed
intent and purpose
by and between the parties as follows:
SECTION I
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
. Said Codes, Ordinances and
effect as if they were set out at length herein
Regulations include, but are not limited to, the following: the Code of the City of
Gilroy, the current Zoning ordinance, and the currently adopted Uniform Building Code.
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SECTION 2
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The
Developer agrees:
�O N �; n
a.
To perform each and every provision required by the City to be
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performed by the Developer in each and every one of said Codes,
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Ordinances and other Regulations.
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b.
To grant to the City without charge, free and clear of
and all stipulated easements and rights of way
encumbrances, any P
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in and to his said real property necessary for the City order
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that its water, electricty, and /or sewer lines in or to said
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real property may be extended.
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if and hold the City harmless and free from all damage
T indemnify
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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 Engineer, and
shall furnish two (2) good and sufficient bonds. One shall be
executed in the face amount of no less than $ 2021.500.00 , and
the other shall be executed in an amount no less than 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 (.l) 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 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..
S 1'.ri' I oN 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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SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer and Water allocation to be obtained from the Obata Industrial
Park Pool at the time each lot is developed.
The City will atis nottavailable, provide athetDeveloperaagreesttohmaintainusewer ands.
If additional capacity
water use at or below the amounts purchased.
The Developer shall have the option of measuring sewer effluent by:
a. Installing and maintaining a seweerieffluent meter. Said meter shall
meet City Standards and specifications, or
b. Measuring the building's water consumption through the water metet.
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 sksipulationa shall be
completed subject to the approval of the Director of Public Wo
1. Locate and properly dispose of any wells, septic tanks and undergtouhd fuel
storage facilites.
NOTE: The capping of any well will require inspectiotl by the Santa Clara
Valley Water District.
2. Schedule the construction of improvements along existing public road§ so
that the work affecting vehicular traffic is completed with a miniiniim
interruption to traffic.
3. All work within the public right -of -way shall be subject to the ap0oval of
the City Engineer.
4. Before construction utilizing combustible materiais may proceeds An all
weather access must be provided to within 150 feet of the building site;
and at least one in service fire hydrant inllst be. available c�itl,in ion feet
of each portion of the site wherein this c6hotiructi6a iA to take piacel
Location of the fire hydrants will be determined bY't�6 Fira Chief:
SECTION. 10
That the attached Development Cost Scheddl.e enumerates Aft fees and dieit
extenttons.
TOTAL, AMOUNT DU9 CT'rY
-3-
4 113, X929.63
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTEST
City Clerk
FORM APP OVED:
ty Attorney
Date
Tom S. Obata _
BY_,c.
S Obata _
BY
J M. Obata
Atsuk.o Obata
Edna Obata
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 CALIFORNIA
> Hide o Obata
COUNTY OF SANTA CLARA
r
On I 1 c' — before me,
CeA -he a Notary ubli in V f r said State,
personally appeare OC
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNES
Signed
OFFICIAL SEAL '-
SAMIA REICHEL
011 NOTARY PUBLIC - CALIFORNIA
SANTA CLARA COUNTY
My Commission Expires July 28, 1995
THIS CERTIFICATE MUST BE ATTAC"D TO THE DOCUMENT DESCRIBED AS:
Title or type of D ument
No. of Pages
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On aGLyC/ ld oq� before me,
personally appear(
W
a Notary Public in and for said State,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he ^ he /they executed the same in his /her /their
authorized capacity(ies), and that by his /her /their signature(s) on the
instrument the ers
L, on(s), or the entity upon behalf
acted, executed the instrument.
WITNESS my /hand and ofil"icial seal.
Signed
OFFICIAL SEAL
SAMIA REICHEL
NOTARY PUBLIC - CALIFORNIA
SANTA CLARA COUNTY
My Commission Expires July 28, 1995
Gk?f� rO�Q4�7tr�6GriRAVP�b7�6�6�6�96T
THIS CERTIFICATE MUST BE ATTAC E TO THE DOC ENT DESCRIBED AS:
Title or type of Document
No. of es Pa '
9 Date o Doc ent
I °1 1 3 7 Pf C 2 0 61
CITY OF GILROY No. 92 -12R
DEVELOPMENT COST SCHEDULE ---- --- ------
ESTIMATE Date 3/13/92
Prepared by Mark Fachin
NOTE: This 100 % cost schedule has been adjusted to the rates in
effect at the time Building Permits were issued.
Location of Property Rossi Court
Assessor's Parcel No. 841 -15 -130
Name of Applicant Obata Bros.- Improvement Cost Schedule
-----------------------------------------------------
Mailing Address -2 -14-v ----------- Drive--------------------------- - - - - --
Dev Type: Comm? Y/N N SF Res? Y/N N Other? Y/N N Storm Drn X
Ctry Est Water? Y/N N Obata Industrial Park Credits? Y/N N
Ctry Est Sewer? Y/N N Northwest Quadrant Sewer Connect? Y/N N
No. Units 0 Number of Units or Lots Used in Estimate 0
Total Area 0.000 Acres Number of Acres Used in Estimate 5.990
Actual FF 0.00 Feet Front Footage used for FF Charges 1,250.00
Front Footage used for Cost of Improvements and Const Water 1,250.00
Commercial /Industrial Sewer (GPD) 0 Water (GPD) 0
Special Public Works Services
Maps:
Final $2,058.00 + $274.00 /lot
Parcel $437.00 + $212.00 /lot
100 - 2600 -3- 600400 $714.00
100% $714.00
N $0.00
N $0.00
Reapportionment (Assessment District Parcels)
First Two $499.00 + $131.00 /ea additionalN $0.00
Miscellaneous Engineering Services:
(Cost Schedules, Agreements, R/W Reviews and Other Misc. Services)
8 hr Misc Eng Ser @
Public Works Microfilming
1- 6 sht $136.00 +
7 -12 sht $174.00 +
13 -18 sht $212.00 +
# of Shts 3
$70.00
/hr.
$560.00
(Maps and
Plans):
$6.00
/sheet
$154.00
$6.00
/sheet
$0.00
$6.00
/sheet
$0.00
COST SCHEDULE (1)
Engring Plan Check and Inspection 100 - 2600 -3- 600412 $18,215.63
(Based on total cost of public ------ - - - - --
right -of -way improvements) 100% $18,215.63
Actual Cost of Public Improvements $202,500.00
10% of first $100,000 $10,000.00
8% of $100,000 - $200,000 $8,000.00
7% of over $200,000 $175.00
Fire Hydrant Location Fee
Number of additional hydrants 0
First Fiv $40.63 + $4.07 /ea additionalY $40.63
Storm Drain Development Fee
Zone A $2,166.82 / ac. 420 - 2600 -3- 680200
Zone A -1 $4,319.36 / ac.
Zone B $2,029.66 / ac.
Zone C $3,456.49 / ac.
Zone D $2,143.86 / ac.
420 - 2600 -3- 680200
421 - 2600 -3- 680200
422 - 2600 -3- 680200
423 - 2600 -3- 680200
100%
100%
100%
100%
100%
Obata Industrial Park Credits
(Based on reimbursements due from oversized storm facilities)
Obata $1,170.00 / ac. $0.00
Storm Development Fee Credit ----- - - - - --
Zone E $1,615.13 / ac. 424 - 2600 -3- 680200
Zone F $2,982.74 / ac.
Zone Q $2,711.81 / ac.
Zone R $1,356.37 / ac.
425 - 2600 -3- 680200
426 - 2600 -3- 680200
427 - 2600 -3- 680200
100%
100%
100%
100%
COST SCHEDULE (2)
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Water User Fee (Construction)
$3.44 / f.f.
• Bonds and Securities
• Not included in TOTAL DUE
TOTAL DUE CITY $18,929.63
-------- - - - - --
100% $18,929.63
37F "'GE2O 6 3
720 - 0433 -3- 690000 N $0.00
100% $0.00
+ $224.19 /a.c.
801 - 2680 -3- 680000 *$303,750.00
(est)
100% total may not be exact due to
rounding of individual fees.
NOTE: All deferred and /or estimated fees will be adjusted to the rates in
effect at the time Building Permits are issued. The undersigned
agrees to provide actual construction costs for recalculation of
fees and pay any underestimated fees prior to final acceptance. If
the recalculated fees are less than the estimate, the City of
Gilroy will refund the difference.
Accepted by:G��
Date:.
COST SCHEDULE (�)
3
M f 3 7Pli'E°2 0G 1,;
EXHIBIT A- No. 92 -12
ROSSI COURT
LANDS OF OBATA
A.P.N. 841 -15 -130