Raisch Products, Inc. - PDA No. 86-101 Susanne E. Steinmetz,City Clerk NO FEE per GC Sec 6103
,Qity of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
0, ray. -.._Y DEVELOPMENT AGREEMENT 762PAGE
� COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
,�,1f�1
.&,JJ AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 86-10
This agreement made and entered into this 27th day of
19: by and between the City of Gilroy, a municipal corporation, herein called the
"City and RAISCH PRODUCTS, 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:
GILROY BUSINESS PARK, Assessor's Parcel No. 841 -66 -002 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 (including but not limited to Chapters 12A, 19, 20, 21 Res. 85 -9 and 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 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
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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901
101
HC
x
L
101
HC
J 762PAGE 108
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 $ 377 X504.00 _, 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 lull force and effect for a period of one (.l) 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 (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.
4-
REC:T mN s
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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SECTION 8
J 762PAGE 109
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: 3,500 gal per day.
Peak water use not to exceed: 14,000 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.
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 stipulations shall be
completed subject to the approval of the Director of Public Works.
1. Locate and properly dispose of any wells, 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.
SECTION 10
That the attached Development Cost Schedule enumerates all fees and their
extentions. -14
s 3
TOTAL AMOUNT DUE CITY $,'� moo-
-3—
J 76 2P46E
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IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
u
ATT
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Y
City Clerk
�r4w
ti
CIT OF GILROY
nistrator
DEVELOPER
DATE
f
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 On this day of - ° in the year
COUNTY OF before me
yi a Notary Public, State of California,
duly commissioned and sworn, personally appeared
numumuuemuumsemumuuuuumxsss�A personally known to me (or proved tome on the basis of satisfactory evidence)
OFFICIAL SEAL 2 to be the < i _ /- of the corporation
JANE KETCHUM CASSEN that executed the within instrument, and also known to me to be the
•� NOTARY PUnLh •- CALIFORNIA
courlrY OF SANTA CLARA person - who executed the within instrument on behalf of the corpora-
.
Comm. Esp. March 31, 1989 tion therein named, and acknowledged to me that such corporation executed
ununusmuunuuusasssusosuatuuuuuuu�uir
the same
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the _ I I I i County of
This document is only a general form which may be proper for use in simple on the date set forth above in this certificate.
transactions and in no way acts, or is intended to act, as a substitute for the _
advice of an attorney. The publisher does rat make any warranty either express or implied as to
the lags) vakdity of any provision or the sudabrldy of these forma in any specific transaction. - "% Notary Public, State of California
Cowdery's Form No. 28 — Acknowledgement
to Notary Public — Corporation (C. C. Secs. 1190- 1190.1) My commission expires /jam/ 9
—4—
CITY OF GILROY No. 86 -10i' <'
DEVELOPMENT COST SCHEDULE Date 6 -25 -86
Initialed JBL
Location of Property East side of Chestnut Street, approximately 1150 feet
south of Tenth Street
Assessor's Parcel 0 841 -66 -002 J 762PAGE 112
Name of Applicant RAISCH PRODUCTS, INC.
Address P.O. Box 643, San Jose, CA 95106
Type of Development Proposed Commercial
Area 20.254 acres Storm Drain Area "A"
Street Frontage 1,016 feet
Special Public Works Services
Engineering Map Check
Subdivisions $190.00 + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
6 number of lots
01- 100 - 1100 - 600400 $
(Paid)
$ 101.00
Miscellaneous Engineering Service $ 260.40
8 hours x $32.55/hr
Public Works Microfilming (Maps and Plans) $ 35.00
7 sheets x $5.00 /sheet
Wood Pole Mounted Electrolier $ n/a
FF @ $5.25/FF
396.40
396.40
Engineering Plan Check and Inspection 01- 100 - 1100 - 600412 $ 18,8 75.20
(Paid) 18,875.20
5% of the Cost of Public Improvements
5% x $ 377,504.00 * Subject to revision
Based on actual cost.
Storm Development Fee
Area
A
$1,868.00 /Acre
02- 220 - 1300 - 720200
$ 37,835.00
(Paid) 37,463.00
Area
"A -1"
$3,716.00 /Acre
02- 220 -1300- 720201
$
Area
"B"
$1,654.00 /Acre
02 -221- 1300 - 720200
$
Area
"C"
$2,798.00 /Acre
02- 222 - 1300 - 720200
$
Area
"D"
$1,788.00 /Acre
02- 223 - 1300 - 720200
$
Area
"E"
$1,364.00 /Acre
02- 224 - 1300 - 720200
$
Area
"F"
$2,424.00 /Acre
02- 225 - 1300 - 720200
$
Area
"Q"
$2,333.00 /Acre
02- 226 - 1300 - 720200
$
20.254 Acres
@$ 1868.00 /Acre
Acres
@$ /Acre
Stipulation Sheet
ADDITIONAL TERMS AND STIPULATIONS J 7 6 2 PAGE
TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND RAISCH PRODUCTS INC. DATED JUNE 27 1986
1. This agreement may be assigned to a purchaser of any part of this
property. Said purchaser assumes all obligations hereunder.
2. The developer agrees to dedicate and improve the property frontage to
City Standards. All water wells on the project site shall be properly
sealed to the standards of the Santa Clara County Water District under a
permit obtained from the Water District.
3. The developer agrees that all on site utilities,street, street lighting
facilities,and storm drainage facilities are designated as private property
and shall be maintained at the developers expense. Said private area shall
extend from the prolongation of the easterly property line of Chestnut
Street to the easterly line of this property.
4. The developer also agrees that he is aware of the flood zones on the
property and agrees to develop each lot to protect the structures and
storage areas around the proposed structures.
5.The developer also agrees to dedicate a seventy foot wide storm overflow
easement along the southerly property line.
6.The developer agrees to prepare a grant deed for the small irregular
triangle on the northwest corner of the property. The city agrees to deed
the property back to the developer in exchange for the preparation of the
engineering documents.
7. The developer agrees to provide street lighting levels equal to city
standards along the private street.
8. The developer also agrees to include adequate maintenance provisions in
the sales agreement for each parcel, to assure the complete maintenance of
the private street and the private utility system. The sewer allocation for
each parcel/hould also be defined in yoy7 agreement.
MCA
Front Foot Charges
Water
1,016 FF @$ 14.18 /FF
Sewer
1,016 FF @$ 10. 31 /FF
02- 230 - 1300 - 720400
Paid
02 -230- 1300 - 720500
Paid
J762PAGE 113
$ 14,407.00
(6,560.54)
$ 10,475.00
(6,560.54)
Street Improvements 02- 230 - 1300 - 720600 $ 18,4 10.00
Paid (6,560.54)
Pavement 12,192 SF @ $ 1. 51 /SF =
Curb & Gutter FF @ $11.41 /FF =
Sidewalk SF @ $ 3.27/SF = $ "
Gal. Pole
Electrolier
& Conduit FF @ $ 5.25/FF = $
Fire Hydrant
Resident FF @ $ 2.67/FF = $ "
Comm & Ind. FF @ $ 2.99/FF = $
Storm Drain 02- 230 - 1300 - 720700
Paid (7,934.94)
1016 FF @$ 26.15 /FF
Sewer Development Fee
3,500 gal x 380/100 gal
Water Development Fee
Units @ $880.88 /Unit
07 -705- 1300 - 720100 $ 13 300.00
Paid (13,300.00)
07- 725 - 1300 - 720300 $ 12 85 4.00
Paid ( 8,934.00)
14,000 Gals. @ $918.17/1000 GPD peak
Construction Water 07- 720 - 1900 - 800100 $ 1,452.00
1866 FF @ $0.55 /FF + 20.254 Acres @ $21.00 /Acre Paid ( 1,452.00)
Fire Hydrant Location Fee
$31.00 for the first 5 hydrants
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits
377,504 x 1.5
Other
07- 720 - 1900 - 800300 $ 31.00
Paid ( 31.00)
08- 800 -1100- 600400
IS
TOTAL DUE CITY $ 154,603.60
Paid 108,068.16
Balance 46,535.44
NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the
time Building Permits are issued.
** Not included in total
Accep
Date:
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