Obata's, The - PDAF Pin FEE e r GC Sec 6103 >>
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_PROPERTY DEVELOPMENT AGREEMENT
7078088
FILED FOR P. Ciln
AT REQUEST..OF
� �• �j� - AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:' Imo'
• ���O�d IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STORM 649
%
DRAINS AND OTHER Ps.; °L I r WORKS FACILITIES JUN 5 12 42 PM I
S
This agreement made and entered into this 1St day of June OFFICIAL REGORIAS'
LARA QQU
19 81, by and between the City of Gilroy, a municipal corporation, herein c R E A
TF;AFi HEUQR
the "City" and THE ;_�pTA'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:
ORATA INDUSTRIAL PARK ( Assessor's Pcl #841 -15 -002) and,
WHEREAS, the Developer requires certain utilities and public works facili-
ties 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 be
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
purtenances, 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:
SFrT i nN i
That all Codes, Ordinances, Resolutions, Rules and Regulations and
established policies of the City and the laws of the State of California concern-
ng 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. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in
subdivision or development respectively): Ordinance No. 602 (Subdivision Procedure,
etc.): Ordinance No. 711(Zoning Ord.): Ordinance No. 1768 ( 1973 Uniform Building
Code): Rules and Regulations. Included in the above are all of the above referred
to Codes, Ordinances, Resollutions, Regulations and.Substitutions thereof, as
amended to the time of execution of this agreement.
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operation of such utilities and public service facilities after acceptance by
City, and for providing the necessary connecting system, general plant and
purtenances, 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:
SFrT i nN i
That all Codes, Ordinances, Resolutions, Rules and Regulations and
established policies of the City and the laws of the State of California concern-
ng 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. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in
subdivision or development respectively): Ordinance No. 602 (Subdivision Procedure,
etc.): Ordinance No. 711(Zoning Ord.): Ordinance No. 1768 ( 1973 Uniform Building
Code): Rules and Regulations. Included in the above are all of the above referred
to Codes, Ordinances, Resollutions, Regulations and.Substitutions thereof, as
amended to the time of execution of this agreement.
SECTION 2
G 13►r� ;17
The Developer agrees:
a. To perform each and every provision required by the City to be per-
formed by the Developer in each and every one of said Codes, Ordin-
ances 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,
electricity, 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.
d. To construct and Improve all public works facilities and other im-
provements 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 $ With A_D. , and shall guarantee the
faithful] performance of this agreement; one 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 improve -
ment 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.
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, except cost to be borne by the City, shown in Section
7 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 pur-
suant to the terms of this agreement are to be completed within one year from
dnd after the date and year first above written..
SECTION 5
That the special provisions concerning the particular real estate re
ferred to above, being attached hereto, are hereby incorporated herein and
expressly made a part of this agreement.
SECTION 6
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
-2-
G x.34 ?ac; 178
obligati.ons,ne,reu:nder and the City, at i,ts 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 or Regulations of the City, in the event of
any such default by Developer.
SECTION 7
That the following are the estimated amounts of costs to be borne by the
respective parties hereto, and it is further understood and agreed that said
amounts are estimated only land are subject to final determination upon comple-
tion of the work.
FACILITY
a) Engineering Map Checks
Subdivisions .$167.00 + $2.50 (n)
Parcel Maps $ 70.00 + $2.50 (n)
n= Number of lots
$70.00 + $2.50 (4) = $80.00
4 Lots
b) Engineering Plan Check
and Inspection
4% x $
c) Mlscellaneous".EngLneer
Service
No.of hours x $25.00
12 hours x $25.00
d) Public Works Microfilming
$5 /Sheet (Maps and Plans)_
e) Fire Hydrant Location Fee
$25.00 for the first hydrants
+ 2.50 for each additional
$25.00 + $2.50 (13) _ $58.00
18 Hydrants
Area Water Charge
Acres @ $ /Acre
Acres @ $ /Acre
—3—
DEVELOPMENT COST
-$ I
$ Wi.th Assessment District
$_ Rn -nn
oil
$ Deferred
g) Construction Water $ 1776.00
5920 LF @ $0.30/LF + 0 Acres @ $11.30 /Acre
Acreage Portion Deferred
h) Off -Site Storm Drainage
Acres @ /Acre
Acres @ /Acre
0 Front Foot Water Fee
LF @ AF
j) Front Foot Sewer Fee
LF @ AF
Q Front Foot Storm Drain Fee
LF @ AF
1) Street Paving
SF @ /SF
m) Curb and Gutter
LF @ IF
n) Galvanized Pole Electroliers
LF @ $ AF
o) Electrolier Conduit
LF @ $ /LF
-4-
$ Deferred
$ By Developer
$_ By Developer
$ By Developer
$ By Developer
$_ By Developer
$ By Developer
G 134
P) Fire-Hy dtan,ts
_ LF$ AF
q) Utility Pole Mounted Electrolier
LF @ $ AF
r) Easements and Rights of Way
"On Site"
s) Easments and Rights of Way
"Off Site"
t) Other
G 134 P &GE 1.80
$ By Developer
$-N. A.
$ 100%
$ 100%
S9
DUE CITY BY DEVELOPER $ 2,294.00
DUE DEVELOPER BY CITY $ -0-
NET DUE CITY $ 2,294.00
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
CITY QF GILROY
STATE OF CALIFORNIA )
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County of Santa Clara )
G134�t 181
On this 18th day of May in the year one thousand nine
hundred and ei9 y-one , before me, SUSANNE E. STEINMETZ
a Notary Public, City Clerk, City of Gilroy, State of California, duly sworn,
personally appeared Tom Obata, Jack Obata and Jot: Obata
known to me to be the persons described in and that
they executed the within instrument on their behalf therein named,
and acknowledged to me that they 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 Santa Clara the day and year in this
certificate first above written.
"'City. C iefk� C-1 Y.- o " Lill'
Per ,, Ci vi 1 Code =$ec: l 18
, State of C rnia
Government C&d6 Sec. 40814.
G la4 P &G: 182
EXHIBIT "A"
Being all of Subdivision "H" as shown on "Map of the Partition
of the Lands of L. Fine, Decd. ", recorded in Book ' "F" of Maps
at page 9, Records of Santa Clara County.
Parcel 2
BEING all of Subdivision "G" as shown on "Map of the Partition
of the Lands of L. Fine Decd.", recorded in Book "F" of Maps
at page 9, Records of Santa Clara County, and
EXCEPTING THEREFROM that certain parcel of land conveyed to
Gladys E. Reeve by Deed recorded May 26, 1926 in Book 241 at
page 528, Official Records of Santa Clara County.
Parcel 3
BEING all of Parcel 4 as shown on Parcel Map filed for record
in Book 408 of Maps at page 22, Records of Santa Clara County.
Parcel 4
BEING all of that portion of Lots 7, 8, 9, 10 and 11 as shown
on map entitled "Map of a Subdivision of the Lands of S.P. Fine
in the Solis Rancho". which map is recorded in Book "F -2" of
Maps at page 46, Records of Santa Clara County, lying westerly
of the westerly boundary of Tract No. 6333 "Hillview Terrace ",
as shown on the map thereof filed for record in Book 427 at
pages 45 and 46, Records of Santa Clara County.
E X Vi 113 1T '.A
(A FICE 01 11INI r A :i',k';`,UI( ')AN [A (.I ARA CUUfJI r � CAI IFORNIA
G134; !G;183
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CITY OF GILROY
DEVELOPMLIIT COST SCHEDULE
G134 "c,185
No. 81 -5
Date 5-14 -81
Initialed S. D -L.
I
Location of property West Side of Rossi Lane. between Luchessa Avenue and Southside Dr.
Assessor's Parcel N 841 -15 -002
Name of Applicant Obata Industrial Park
Address
Type of Development Proposed Industrial Assessment District
Area 92.3 Acres Storm Drain
Street Frontage N. A.
Engineering Map Checks 01-100 -1100- 6004 -11 $ 80.00
Subdivisions + (n)
Parcel Map$70.00 x$2.50 (N)
N = Number of Lots
Engineer Plan Check and Inspection 01 -100 -1100- 6004 -12
4% x $ * 43,590 To g& ,N-. %N ass04T lass.
X = Cost of public improvements
Miscellaneous Engineer Service 01 -100 -1100- 6004 -13
No of hours x(,25.00 ) 12 hours
Public Works Microfilming 01 -100 -1100- 6004 -14
$5 /Sheet (maps and plans) 16 sheets
Emergency Services 01- 100 -1100- 6004 -15
No. of hours x ( )
Fire Hydrant Location Fee 01-100 -1100- 6002 -01
$25,00 for the first 5 hydrants +
2.50 for each additional hydrant 18 hydrants.
Area Water Charge 03- 300 - 1300 - 7203 -00
Acres @ /Acre
Construction Water 07- 720 - 1900 - 8001 -00
5920 LF @ $0.30 /LF Acres @$11.30 /Acre
$ Wfn n
$ 300.00
$ 80.00
$ N.
$ 58.00
$ Deferred
$ 1776.00
Dr k:e I uJmiL•n t Cut t SchCllu I U
Off - Sito SLot -m Drain
02- 220 - 1300 - 7202 -00
02 -220- 1300 - 7202 -01
02-221 -1300- 7202 -00
02- 222 -1300- 7202 -00
02- 223 -1300- 7202 -00
02- 224 -1300- 7202 -00
02- 225-1300 - 7202 -00
Acres @$
Front Foul Charges
-2-
District "A" $868/Ac
District "A -1" $3000 /Ac
District "B" 624/AC
District "C" 759/Ac
District "D" 720 /Ac
District "E" 547/Ac
District "F" 868/Ac
/Acre
G 134 n!G,156
• �- 9-1469:1d
Water
02- 230 -1300- 7204 -00
$
By
Developer
LF @$
/LF
Sewer
02- 230 -1300- 7205 -00
$
By
Developer
LF
/LF
Storm Drain
02- 230-1300- 7207 -00
$
By
Developer
LF @$
/LF
Street Improvements
02- 230 -1300- 7206 -00
$
By
Developer
Pavement
SF
@$
/SF = $By Developer
Curb & Gutter
LF
@$
/LF = $
Sidewalk
SF
@$
/SF = $
Gal.Pole
Electrolier
LF
@$
/LF = $
Electrolier
Conduit
LF
@ $
/LF = $ !�
Fire Hydrant
LF
@ $
/LF = $
Wood Pole Mounted Electrolier 01 -100 -1100- 6004-20
LF @ $ /LF
Public Works Cash Bonds and Deposits 08- 800 -1100- 6004 -02
Other
TOTAL
(1) See Calculation Sheet.
$ N, A.
$ 2,294.00
G 1V4. 11"
STIPULATIONS
OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT AGREEMENT
1. The developer agrees to dedicate and cause to be improved to city standards all streets
and public improvements as shown on the parcel map and plans.
2. All work within the public right of way shall be subject to the approval of the city
engineer.
3. The developer shall schedule the construction of improvements along existing public roads
so that the work affecting vehicular traffic is completed with a minimum interruption to
traffic.
4. The assignment of this agreement or portions thereof by the developer to another party
shall require prior approval of the city council.
5. The developer agrees that his project will be considered by the city to be a private
development even though public improvements are being financed through an assessment
district. All progress payments to be made in the said assessment district proceedings
are to be reviewed and approved by Garcia and Henry Civil Engineers subject to the
final approval of the city council. Other than as stipulated herein the city will not
incur any costs extraordinary to those normally encountered in a privately financed
development.
6. The city plan check and inspection fee has been based upon those items of work normally
covered in a subdivision agreement, the city will not inspect gas, electric or telephone
facility work but such work shall be subject to final inspection and approval by the
respective utility companys. This fee will be included in the assessments.
7. Deferred fees will be paid at such time that onsite improvements occur which would
increase storm water runoff or water consumption. All fees shall be paid at the rates
in effect at the time of payment.
8. Before construction utilizing combustible materials may proceed, an all weather access
must be provided to within 150 feet of the bulding 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.
9. The developer of each parcel shall, at the time of on -site improvement, locate and pro-
perly 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.
10. Area construction water charges are being deferred at this time.
11. The reimbursements hereunder to be paid by acreage credits for sewers, water and storm
drainage shall run with the land until the parcels benefiting have been developed. How-
ever, reimbursements shall be limited to 10 years from the date hereof.
12. Distribution of those revenues, referred to herein as reimbursements, received by the
city within ten years of the date of this agreement shall be made to the various pro-
perties within the district through a redistribution process. Revenues so received by the
city within said period shall be deposited in the proper assessment district fund, in trust,
and may be declared surplus by the city council of said city. Upon such declaration, such
amount, less the administrative costs to be incurred by city in connection therewith, shall
be applied as a credit to the assessments levyed in said assessment district proceedings.
This process shall take place from time to time when the city determines that sufficient fund!
have been received to warrant distribution. Redistribution of such amounts shall be in
accordance with Section 10427 et. seq. of the Streets and Highway code of the State of
California.
. Stipulations Cont. -2-
13. Streets
The District shall be reimbursed $36,551.00 for the 14' of street improvements
east of the future centerline of Rossi Lane and $5,592.00 for the 7' of street
improvements south of the future centerline of Southside Drive. Said reimburse-
ment shall be made in proportion to the frontage of adjacent properties at such
time that the respective adjacent properties are developed, providing develop-
ment occurs within 10 years of this agreement. (See calculation sheets for
support material.)
14. Sewers
14 a. Front Footage Reimbursements
The District shall be reimbursed for f' the cost of a basic 10" sewer main
along 2,244 feet on Rossi Lane and along 2,784 feet on Southside Drive
and its westerly extension to the railroad right -of -way. Said reimburse-
ment shall be made in proportion to the frontage of adjacent properties
at such time that the respective adjacent properties are developed,
providing development occurs within 10 years of this agreement. Reimburse-
ment shall be at the then applicable front footage rate.
14 b. Sewer Oversizing
Credit for sewer main oversizing and offsite mains shall be applied
against the sewer connection fee on a gross acreage basis as the parcels
within the district are developed. Gross acreages shall be as indicated
on the parcel map. Credit representing the oversizing of 2,784 feet of
10" VCP to 18" VCP, amounting to $48,859, shall be distributed among the
92.05 gross acres at a rate of $531 per gross acre.
Any sewer connection fees collected, from parcels within the district,
in excess of credits; and any sewer connection fees received within 10
years of this agreement by the city from properties served by the 18" sewer
main running along Southside Drive west of Rossi Lane shall be reimbursed
to the district to those properties which have credits due. Reimbursement
shall not exceed the credit remaining for any parcel. Any funds in excess
of those credits shall be deposited in the city sewer connection fund.
Further development of parcels having had their credits used or paid off
shall result in the developer paying for increased sewer capacity in
accordance with city policy.
15. Water
15 a. Front Foot Reimbursements
The District shall be reimbursed for 2 the cost of a basic 10" water
main along 2,445 feet on Rossi Lane and along 1,710 feet on Southside
Drive and its westerly extension to the railroad right -of -way. Said
reimbursement shall be made in proportion to the frontage of adjacent
properties at such time that the respective adjacent properties are
developed, providing development occurs within 10 years of this agreement.
Reimbursement shall be at the then applicable front footage rate.
15 b. Water Oversizing
The area water fee shall be paid
of development of the individual
sizing shall be applied against
on the gross acreage basis at the time
parcels. Credit for water main over -
the area water fee on a gross acreage
S-tipulations Cont. -3-
basis as the parcels within the district are developed. Gross acreages
shall be as indicated on the parcel map. Credit representing the
oversizing of 4,155 feet of 10" DIP to 12" DIP (including valves),
amounting to $14,136, shall be distributed among the 92.05 gross acres at
rate of $154 per gross acre. (See calculation sheets for support
material)
16. Drainage
16 a. Front Foot Reimbursements
The District shall be reimbursed for 2 the cost of a basic 18" storm
sewer main along 2,441 feet on Rossi Lane and along 825 feet on Southside
Drive. Said reimbursement shall be made in proportion to the frontage
of adjacent properties. At such time that the respective adjacent
properties are developed, providng development occurs within 10 years
of this agreement. Reimbursement shall be at the then applicable front
footage rate.
16 b. Storm Drain Oversizinq & Offiste Mains
The off -site storm drain fee shall be paid on the gross acreage basis at
the time of development of the individual parcels. Credit for storm
sewer main oversizing and offsite mains shall be applied against the
off -site storm drain fee on a gross acreage basis as properties within
the district are developed. Gross acreages shall be as indicated on
the parcel map. Credits representing the oversizing, amounts to $5,085,
and representing offsite mains, amounting to $102,590, total $107,675.
This shall be distributed among the 92.05 gross acres at a rate of $1,170
per gross acre. Should the offsite storm drain fee be less than the credit
amount, city will reimburse the difference to the district at such time
as fees become available through the developemnt of other parcels within
this drainage area, provided that said other development occurs within
10 years of this agreement. (See calculation sheets for support material)
17. Utilities
17 a. Reimbursement for expenses along Rossi Land and Southside Drive
The District shall be reimbursed for that portion of the cost for under -
grounding the existing overhead utilities and for a natural gas system
which benefits the adjacent properties on Rossi Lane and Southside Drive.
The amount to be reimbursed shall be based upon the actual costs to provide
these upgraded utilities and shall include costs charged by P. G. & E.
and Continental Telephone as well as the appropriate expenses from the
Obata Industrial Park Contract. They shall be determined as soon as
these costs can be identified. This reimbursement shall be made from
charges collected by the city from the developers of the properties on
Rossi Lane and Southside Drive provided that development thereon occurs
within 10 years of this agreement.
Stipulations Cont. -4-
17 b. Provision of utilities on Mayoc Rd and Obata Way
The cost to provide underground shall be borne by the fronting properties
at the time of development. The district is only providing for utility
crossings at this time.
Acce ted b�
P Y �/
Ci34 191
CALCULATION SHEET - -- OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT
STREET IMPROVEMENTS - Reimbursements
Rossi Lane
2440' x 14' wide= 34,160 sq. ft.
12" Base Rock @ $0.46 /s.f. _ $15,714.00
3" Asphalt @ $0.61 /s.f. _ $20,838.00
TOTAL = $36,552.00
Southside Drive
800' x 7' wide = 5600 sq. ft.
12" Base Rock @ $0.46 /s.f. _ $ 2,576.00
3" Asphalt @ $0.61 /s.f. =-$ 3,416.00
TOTAL = $ 5,592.00
Credits (Sewer Main)
Oversizing
2784' lo" VCP to 18" VCP @$17.55
= $48,859.00
Total to be credited to the Sewer Connection fee shall be:
$48,859/92.05 Acres = $ 531.00 /acre
Credits (Water Main)
Oversizing
4155' 10" DIP to 12" DIP @ $3.20 /ft. = $13,296.00
6 10" GV to 12" GV @ $140.00 ea. = $ 840.00
TOTAL $14,136.00
Total to be credited to Area Water Fee:
$14,136/92.05 Acres = $ 154.00 /acre
Credits (Storm Sewer Main)
Oversizing (Rossi Lane) ( Southside within the District has no oversized pipe)
478' 18" RCP to 24 "RCP @ $6.25/ft. _ $ 2,988.00
1,023' 24" RCP to 27 "RCP @ $2.05 /ft. _ $ 2,097.00
940' 33" RCP to 36 "RCP @ 0 /ft = -0 -.
Offsite
1142'
48" RCP
@$35.75/ft.
= $40,827.00
998'
54" RCP
@$41.00 /ft.
= $40,918.00
155'
54" CMP
@$95.00 /ft.
= 514,725.00
6 ea
Manholes
@$1,020.00 /ea.
_ $ 6,120.00
TOTAL CREDITS
$107,675.00
Total to
be credited
to the Off -site storm drain
fee
$107,675/92.05
Acres = $1170 /Acre
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VICINITY MAP - OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT AGREEMENT