Odd Fellow-Rebekah Children's Home - PDA No. 92-06•!rk ;Susanne E. Steinmetz,City Clk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
7", -SL- I I -3
PROPERTY DEVELOPMENT AGREEMENT
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
11257903
No. 92 -06
This agreement made and entered into this 18th day of February
19 92 , by and between the City of Gilroy, a municipal corporation, herein called the
"City" and (lrlrl Roll nrr R holm ( 1 a of Cali i fnrni a , a real property owner
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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:
290 I.O.O.F. Avenue, A.P.N. 841 -04 -024
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 by City, and for
providing the necessary connecting system, general plant and appurtenances, 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:
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, Ordinances and
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.
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 11257903
the Developer or any contractor or subcontractor of the
Developer, or any employee thereof, shall do in grading or working
upon g6ld a fil { r-_(- s
PA,W WRITING, TYPING, CARBON
DOT MATRIX PRINTERS RMF
COPIES OR pTOGRAPHIC RHCORD
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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 ncrerding to the grades, plans and
specifications thereof, all ns approved by the City Engineer, and
shall furnish two (2) good and sufficient bonds, n"e shall be
executed in the We amount of no lass Chan $ 35,000.00 , and
the other shalt be executed in an amount no less than 5( of the
above mentioned bond and shall secure payment to the contractor,
his subcontractors and to persons renting equipment or furni.shi"P,
labor or materials to them for the improvement Hereunder,
and as provided for in Section 42.00 -42.10 of the Government Code
of the State of California, the Codes, ordinances, Resolutinns,
and Regulations of the City, and this agreement.
The faithful performance bond hereinnhove provided for, shall by the
terms remain in full force and effect fur 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 band 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
the building
permit covering
the real estate to he improvrd
and before
any worst
is done therein, the
Developer shall pay to the City
all sums,
shown in
Section 9 thereof to
he 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 ,nil work to be done pnrgnnnt to
the terms of this agreement are to be completed within one year from and after the
date and year first above written.
SECT I ON 5
That the special provisions concerning the particular real estate referred to
above, being attached hereto, are hereby incotpornted herein and expressly We n
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 We 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 ohlig.ations 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 tHn 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 leveloper. Upon the sale or division of
the property described in Exhibit A, the forms c,( this :agreement shall apply sa pnrntnly
to each parcel and the Developer of each parcel shall succeed to the oblipnriuHs
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 capacity not to exceed: 8184 gal per day.
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 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.
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 MIXIA, 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.
SF.CTTnN 10
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TO'T'AL AMOUNT DUE CITY
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4 4,100.63
L Y
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
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ATT
Cityl�ric. ,Qt,
Susanne -' �iht �t:r
FORM A ROVED,1 '
City Attorney
Linda Callon
CITY OF GILROY
-- - - -- --__...-.._.._. --
Mayor
Odd Fellow - Rebekah Children_'s_Hol�e_Q_ Calif orni
BY _ - -- _- - - - - --
Do d J�:.cL.` urg, E - cutive - Director
BY _
De-an W. Wilson, Director of Finance /Operations
DATE Januar
.1..
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 califn3mia
SS.
r County of Santa Clara
On this the _day of F$brua 19__qL2 before me,
E. Jensen
the undersigned Notary Public, personally appeared
Donald J. Limburg, Executive Director and
i\pN dx Dean W. Wilson, Director of Finance /Operations
❑ personally known tome
ER proved to me on the basis of satisfactory evidence
7V ,fart LAN 1�3C1��;.1
to be the person(s) who executed the within instrument as
see above or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
OFFICIAL NOTARY SEAL WITNESS my hapd and official seal.
s (Thi nb a1 s )
SANTA CLARA COUNTY
my Comm. Exp. NOV 18,1394 (y
SV 9534 9 -82 Corporate Acknowledgment
s Sign
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71 -
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CITY OF GILROY No. 92 -06
DEVELOPMENT COST SCHEDULE ------- - - - - --
ESTIMATE 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 IOOF 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/:
Ctry Est Water? Y/N N Obata Industrial Park
Ctry Est Sewer? Y/N N Northwest Quadrant Sewer
No. Units 0 Number of Units or Lots Used
Total Area 0.000 Acres Number of Acres Used
--------------------------
--------------------------
9 N Storm Drn X
Credits? Y/N N
Connect? Y/N N
in Estimate 0
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
$560.00
Maps:
100%
$560.00
Final $2,058.00 +
$274.00 /lot
N $0.00
Parcel $437.00 +
$212.00 /lot
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 @ $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)
$560.00
$0.00
$0.00
$0.00
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)
$3,540.63
$3,540.63
$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
Engring Plan Check and Inspection
100 - 2600 -3- 600412
(Based on total cost of public
right -of -way improvements)
100%
Actual Cost of Public Improvements
$35,000.00
10% of first $100,000
$3,500.00
8% of $100,000 - $200,000
$0.00
7% of over $200,000
$0.00
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)
$3,540.63
$3,540.63
$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 $4,100.63
-------- - - - - --
100% $4,100.63
Q
a✓
720 - 0433 -3- 690000 N $0.00
100% $0.00
+ $224.19 /a.c.
801- 2680 -3- 680000 * $52,500.00
(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:
Date: �2 - oZ
(3)
COST SCHEDULE