Raisch Development - PDA No. 85-5k
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AGREFMEN I FOP, EXTENSIONS OF t�A TER P 1 S "I R I fiUT I ON SYSTEMS:
IMI'ROVF"IE;NT OF S I REF I S : 11::� CALLAI I ON OF SEWERS, STORM
DRAINS AND 0Tl1FR FURLIC tdORYS FACILITIES No, 85 -5
This agreement made and entered into this 20th day of May
1935 , by and between the Citv of Cilrov, a municipal corporation, her called the
"City'' and RAISCH DEVELO' PMENT a real property owner
developer or subdivider, herein called thr� 'Developr.r ',
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 cnllod:
Assessor's Parcel Nos. 341 -16 -034 and 074 and,
WHFREAS, the Developer requires certain utilities and public works facilities in
order to service the property under the minimum Standards established b_v the Citv and,
WHEREAS, the City, by and through its City C =nincil, has enacted certain Codes,
Ordinances and Resolutions and certain Rules and Regulations have been promulgated
concerning the subject matter of this nFreement an(l,
WI)EREAS, 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 consideratioo of the premises and in order to carry oil 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, Resolttti=�ns, Rides 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 or
Gilroy (including but not limited to Chapters 12A, 19, 20, 21 Res. 85 -9 acid 76 -47,
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 in the above are all of the above
referred to Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as
amended to the time of execution of this agreement.
SECTION 2
The Developer agrees:
a. To perform each and evF!ry provision re(luirini by the City to be
performed by the Developer in enrh and every one of said Codes,
Ordinances and other Regulations. (j
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b. To grant to the City without rh. -rp.. =, , free anti clear of
encumbrances, any anti all stipul.-tted casements and rights of way
in and to his said real property necessary for the City in order
that its water, electricty, and /er sewer lines in or to said
real property may be extended.
C. To indemnify and ho]d the
City hnrmless and free from all dmmnge
and IiahiIity done to anv
utility, public facility or other
material or instnllnticn
of the City on :::rid real estate which,
-A� the Di•veIoper or anv c•=,nt
` l)cveloper,
ra<•tt,r ur �ubrc nr ratty of the �, a
1
or anv rmpl„ver,
th= rr =,f �hnl I dt, in F+radinr, or wt,rxl�jn
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upon said re.-tl e�tare,
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J 356PAGE1273
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 $ n /a , and
the other 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 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 107 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 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.
SECTfnN 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.
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 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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J 35GPA6E1274
SECTION 8
The Developer will pay for a daily Gower and water allocation. The nllocation
limits are as follows:
Sewer capacity not to exceed: 4450 gal per day.
Peak water use not to exceed: 8200 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 consumpt�vil LhLough the water meter.
irrigation meters are required.
SECTION 9
That the following are the estimated amounts of costs to be borne by the respec-
tive parties hereto, and it is further understood and agreed that said amounts are
estimated only and are subject to final determination upon completion of the work.
FACILITY
Engineering Map Checks
a) Subdivisions $190.00 + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
number of lots
b) Miscellaneous Engineering Service
2 hours x $31.00 /hr
C) Public Works Microfilming
sheets x $5.00 /sheet
d) Wood Pole Mounted Flectrolier
FF @ $5.00 /FF
e) Engineering Plan Check and Inspection
5% of the Cost of Public Improvements
5% x $
f) Storm Development Fees
3.36 Acres @ $ 1, 850. 00 /Acre
Acres @ $ /Acre
DFVELOPMENT COST
n/a
62.00
$ n/a
$ n/a
$ n/a
6,216.00
g) Front Foot Water Fee
FF @ $ /FF
h) Front Foot Sewer Fee
FF @ $ /FF
i) Street Improvements
Includes pavement, curb & gutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for breakdown.)
j) Front Foot Storm Drain Fee
FF @ $ /FF
k) Water Development Fee
8200 Gal. @ $850.8]/1000 GPD peak
J356PAGE12'75
$ n/a
$ n/a
n/a
$ n/a
6,977.00
1) Construction Water $ 67.00
LF @ $0.50 /FF + 3.36 Acres @ $20.00/Acre
m) Fire Hydrant Location Fee
$31.00 for first five hydrants
+ 3.00 for each additional
hydrants
n) Sewer Development Fee
4000 Gal @ $380.00 /100 --,PD
o) Public Works Cash Bonds and
Deposits
p) Other
TOTAL DUE CITY
S n/a
$ 15,200.00
28,522.00
PENALTY:
Overuse of sewer and water allocations shall be penalized under the Rules and
Regulations adopted by the Gilroy City Council.
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J 356PAGE1276
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTES
City Clerk
0, FAVEJ/
)EVF1.
BY
DATE
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 )
County of Santa Clara )
1985 before me the undersigned, a Notary Public in and
On, May 1, personally appeared ��F
for said Count of Santa Clara and known'to me to be the U l— oration
(� ` �'� of the Corp
known to be the persons
and and kno'�n to me to be the
corporation
that executed the within instrument, oration executed
who executed the within nowledgeA to me that hatsuch corpor
therein named, and ac
the same.
WITNESS my hand and official seal.
Notary liq
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EXHIBIT A
RAISCH DEVELOPMENT
85 -5