Odd Fellow-Rebekah Children's Home - PDA No. 92-05Susanne E. Steinmetz,
City bf Gilroy
731-'1 Rosanna Street
.Gilroy, CA 95020 r
(5�1
City Cler
i
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS,
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILTTTES
PROPERTY DEVELOPMENT— AGREEMENT
COMMERCIALI INDUSTRIAL_,_INSTITUTIONAL
11257902
92 -05
No-- --- - - - - --
18th February
This agreement made and entered into this day of____`
1g 92 by and between the City of Gilroyr a municipal corporation, herein called the
u
ome of California a real property owner.
"City" and Odd Fellow- Rebekah Children' 11
developer or subdivi_ der_, herein called the "Developer".
W,IRRFAS, a final map of subdivision, record of survey or broval'randermit ( Site,
Clearance) application has now been submitted to the City for, app
covering certain real estate known as and called:
and,
290 I.O.O.F. Avenue, A.P.N. 841 -04 -024 -- - ---
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 agreement nRls and aRegulations have been promulgated
concerning the subject matter. of
WHEREAS, the City has certain responsibilities for maintenance and operation of
ilities and public service facilities after acceptance by City, and for
such ut
providing the necessary connecting sYeeeonsibilitieaant and appurtenances, and the
City is agreeing to discharge those r p
NOW THEREFORE, In consideration of. the premises and in order to ,.arty on tare
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
f California concerniri
policies of the City and the laws of the State on the subject
in
matter of this agreement are hereby referred to and incorporated here to the same
effect as if they were set out at length herein. Said Code6i drAfiAnces and
Regulations include, but are not limited to, the following: the Coed of the City of
Gilroy, tire current Zoning Ordinance, and the currently adopted Uniform Suild�ng i~
h ode.
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 aaid real property necessary for the City in order
that its water, electrictyr 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- 11257902
-1-
JRECORDERS MEMO CARBON
FAINT WRITING, TYPING'
COPIES OR DOT MATRIX PRINTERS
MAKE POOR PHOTOGRAPHIC RECORD
co
ry
X fell
IC".+
si
Tit
e
;-.i
-n
s> r--
731 _ 7
1
d, To construct and improve all prlhlic works Iaci.Iities and other
improvements as set otrt herein, 11CcOrdiitg to t-he ;tandarrls
heretofore estahI t shed, ;.Ind ncrorIIinp, tr, the prides, plans and
speci(ir.atir ?ns thereof, -III ns approved by the City Enf!i.neer, ar,cl
shall furnish two (2) good and sufficient bona`. Carle shall he
executed in the face amount c.,f no less than $ 6498.00
the other steal l he executed in -In amount rto less tl�nn of tl,e
above mentioned ho"nd and shall secure payment to the contractor,
his subconl:rac.tors and to persons renti.np, equipment or furnishinp,
labor or materials to them for the i.mproveatent )lere.undpr,
and ns provided for in Sect.i.on of the Government Codr,
of the State of Cal i.forni.a, I:hc Codes', ( >rtli.nnnce RE solut inn.
-tad Regrllati_ons of the City, and this nfr,re :ernrnL,
The faithful performance bond hcreinnhOVe provided for, steall by the,
terms remain in full force nncl of fect for. a I,eriod of orie (I) year afro r
the completion and acceptance of said work, t0 pt, tee tltra repaii noel
rep In re file nt of defective rnateri.al and fnull :y worlcmnnship.
In lieu of said. faithful perfOrnurucc bond for nmi.ntenntice, the
Developer may furnish a maintenance bond in Cite nrnourtt of I o % of the
total contract price (with a minimum amount of one thous =tad (101.Int-
$ 1 ,00(1.00) to cover the One (I) YP,,l r ma intenance period.
e. ihat upon approval Of the final n,:tp of the suhdi.vision, the record of.
survey ot the building permit r,OVering t-he real estate to he improver)
and before any work is clone therein, the Developer. shall pay to tlle Cite
all sums, shown in Section 9 thereof to he clue under the terms Wild
provisions Of this Igreement.
SECTION 3
that all sums shown herein to be, payable by the [)eve lope. to the City ire due
and payable t0 the City upon the execution of this npreenteut:
SECTION If
)hat all the provisions of tills avteemettt rind all work to be dome pttrsuailt to
the terms of this apreemetlt are to be completed within one year lion) =gird after 1.he
(late and year first above written.
StZC.-rioN 5
that the special provisions r.oncelni.ng, the particular real estate refetre(1 to
above, being attached hereto, are hereby incorporated herein acid e'tPressly made 7
part of this lPrPenrent-
RN.cf I ON 0
Chat tite faithful and prompt per forn,anc.e by the Developer of each and �ei-y t.er
and condition cOntahif", herein is made an express condi.tioti pter.edenL to tl,e duty of
the City to Perform any act it) connecti-on with this transaction, gild rile fnllurr
neglect or refusal of the Developer to so perferm, or. to (lay aiYy monies due heteilhder
when due shall re]ease the City f.rorn any -111(1 all. o1,1ip,atiotis lie reUhoier aIId the City, nt
its election) cony enforce the performance. of any lirov1.s1on herein; or any right:
accruing to the City er may pursue ny tremedy whatsoever i.t may have under the I"Iws of
the State of California or the Codes, Ordinances, l ?er;olut' -ons of. the (;it. in the event
of nay ruch defnult by Dovelayer..
SECTION 1
That this agreement, together with the attached stipulations, is nn fits uitient
affecting the title or possession of t_he real property described in Exhibit A. Al.f
the. terms, covenants and conditions herein imposed shall be binding upon and inure to
the henefit of the srtcCest: ors in interest of Developer., llpen the sale vr. diltslr.n Of
the peal >erty rlescrihcd i -n rxhi.hit A, the tr�rms r.f this af;reemetit shill 7pl ly si rnt 1
to each parcel and the Itevel0per of each parcel sIInl.l succeed to the obltpati.ow.
imposed on Developer h,� this -Ip - rement.
SECTION_ 8
-__ -- The Developer will. pay for a dai_iy sewer and water all.ocal-ion. The allocation
limits are as follows:
Sewer capacity not to exceed: 8184 - ___.____ gal. per clay.
Peak water use not to exceed: __9867..__._..._.
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 maintsin :aewe�" aicd
water use at or below the amounts purchased.
'File Developer shall have the option of measuring sewer effluent by:
a. Installing and maintaining a sewer ef.f.luent. meter. Said meter shall
meet City Standards and speci.ficati.ons, or
b. Measuring the building's water consumption through the water meter.
xxlx�xxxx�x
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, f Public Works.
eptic tanks and underground fuel
1. Locate and properly dispose of any Xa1 s
storage facil.ites.
NOTE: The capping of any well will require inspection by the Santa Clara
Val. J. P y 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.
/I. Before construction utilizing combustible materials may proceed, do Ali
weather access must be provided to within 150 feet of the bitildi.ng site;
and at least one in service fire hydrant must be availabie wiOtih 500 feet
of each portion of the site wherein this construCt�.on is to take place.
Location of the fire hydrants will be determined by the Fire Chiefi
SECT LON 10
Thedule enumerates all fees and their
hat the attached Development Cost Sc
extentions,
$ 649.80
TOTAL, AMOUNT DUE CTTY - 'y
-3-
X073
}
IN WITNESS WHEREOF, said parties have cnnsed these presents to be exeruted
the date and year first above written.
z
0i
Q fi./
r
MARY E. JENSEN
�
�
?g
"
J
IVY Comm. _Ex p n � Oa, 78,1;;c a �
A'iT Tt y ,}
C�i . k j,e P .'
Susanenanetz
FORM A PROVED.
City Attorney
Linda Callon
C [Lm G ILROY
a__--�
—_ Mayo f�- --
Donal iF" Gacr
t_NS,A?kmini.strat.or
a
EV ELOPi`R_,j
Odd lloww-- Rebekah Children's Home of California
BY
Dop4d J. L' urg, Exec ve Director
BYI -- - - -_ --
n ilson, Director of Finance /Operations
DATEm.Taniiar3t-
NO'CE: if Developer is a corporation, the complete legal name and corporate Peal of the
corporation and the corporate titles of the persons signing for the corPot t{on
shall appear above.
State of California
County of Santa Clara SS.
.
OFFICIAL NOTARY SEAL
r
MARY E. JENSEN
_
Notary Public —
?g
"
SANTA CL.ARA
IVY Comm. _Ex p n � Oa, 78,1;;c a �
(This area for official notarial seal)
SV 9534 9 -82 Corporate Acknowledgment
On this the 3rd day of February 19 92, before me,
Mary E. Jensen p
the undersigned Notary Public persona ly appeared r
Donald J. Limburg, Executive Director and
Dean W. Wilson, Director of Finance /Operations
❑ personally known to me
[�R proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
see above or on behalf of the corporation therein
named, n acknowledged to me that the corporation executed it.
WITN SS my hand anld official seal.
—4—
CITY OF GILROY No. 92 -05
DEVELOPMENT COST SCHEDULE ---- --- ------
Z,STIMATE Date 1/28/92
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 290 IOGF Ave.
-----------------------------------------------------
Assessor's Parcel No. 841 -04 -024
-----------------------------------------------------
Name of Applicant I.O.O.F°.
-----------------------------------------------------
Mailing Address 290 I.O.O.F. Ave.
-----------------------------------------------------
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
Final $2,058.00 +
Parcel $437.00 +
$274.00 /lot
$212.00 /lot
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)
0 hr Misc Eng Ser @ $70.00 /hr.
Public Works Microfilming (Maps and Plans):
1- 6 sht $136.00 + $6.00 /sheet
7 -12 sht $174.00 +
13 -18 sht $212.00 +
# of Shts 0
$6.00 /sheet
$6.00 /sheet
COST SCHEDULE (1)
$0.00
$0.00
$0.00
$0.00
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
0.000
Actual FF
0.00
Feet Front Footage used for FF Charges
0.00
Front Footage
used
for Cost of Improvements and Const Water
0.00
Commercial /Industrial Sewer (GPD) 0 Water (GPD)
0
Special Public
Works Services 100 - 2600 -3- 600400
$0.00
Maps:
100%
$0.00
Final $2,058.00 +
Parcel $437.00 +
$274.00 /lot
$212.00 /lot
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)
0 hr Misc Eng Ser @ $70.00 /hr.
Public Works Microfilming (Maps and Plans):
1- 6 sht $136.00 + $6.00 /sheet
7 -12 sht $174.00 +
13 -18 sht $212.00 +
# of Shts 0
$6.00 /sheet
$6.00 /sheet
COST SCHEDULE (1)
$0.00
$0.00
$0.00
$0.00
Encring Plan Check and Inspection
100 - 2600 -3- 600412
$649.80
(Based on total cost of public
------
- - - - --
right -of -way improvements)
100%
$649.80
Actual Cost of Public Improvements
$6,498.00
10% of first $100,000
$649.80
8% of $100,000 - $200,000
$0.00
----- - - - - --
7% of over $200,000
$0.00
-_j
----- - - - - --
Fire Hydrant Location Fee;
Number of additional hydrants
0
inn
First Fiv $40.63 + $4.07
/ea additionalN $0.00
=------- - - - -"E
Storm Drain Development Fee
Zone A $2,166.82 / ac.
420 - 2600 -3- 680200
$0.00
100%
$0.00
Zone A -1 $4,319.36 / ac.
420- 2600 -3- 680200
$0.00
100%
$0.00
Zone B $2,029.66 / ac.
421 - 2600 -3- 680200
$0.00
100%
$0.00
Zone C $3,456.49 / ac.
422 - 2600 -3- 680200
$0.00
100%
$0.00
Zone D $2,143.86 / ac.
423 - 2600 -3- 680200
$0.00
100%
$0.00
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
$0.00
100%
$0.00
Zone F $2,982.74 / ac.
425- 2600 -3- 680200
$0.00
100%
$0.00
Zone Q $2,711.81 / ac.
426 - 2600 -3- 680200
$0.00
100%
$0.00
Zone R $1,356.37 / ac.
427 - 2600 -3- 680200
$0.00
100%
$0.00
COST SCHEDULE (2)
Water User Fee (Construction)
$3.44 / f.f.
• Bonds and Securities
• Not included in TOTAL DUE
TOTAL DUE CITY $649.80
100% $649.80
720 - 0433 -3- 690000 N $0.00
100% $0.00
+ $224.19 /a.c.
801 - 2680 -3- 680000 * $9,747.00
(est)
100% total may not be exact due to
rounding of individual fees.
NOTE: All deferred andior 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 : C
Date: / - 71—X"2
(3)
COST SCHEDULE