Raisch Products, Inc. - PDA No. 89-4Susanne, E . , Steirtmetz,City Clerk NO FEE PER GC SEC 27383 1 0 2 3 1 9 7 2
City of Gilroy
Gilroy, Street v �
G ilroy, CA 95020 L O PQ�E
__ERTY DEVELOPMENT AGREEMENT
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 89 -4
This agreement made and entered into this 21st day of August
19 89 , by and between the City of Gilroy, a municipal corporation, herein called the
"City and RAISCH PRODUCTS INC. , 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:
APN 841 -66 -018
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.
-1-
L071 PAGE 15G4
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 $ 263,939.25 , 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 tile. 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 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.
SECTION 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.
-2-
0
L071 PAGE t '5 6 5
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed:
2100 gal per day.
Peak water use not to exceed: 6300 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.
TOTAL AMOUNT DUE CITY $ 46,534.56
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IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and.year first above written.
CITY OF GILROY
r
nistrator
ATT ST: 1)1kVhLUVM
� Co,GD. EtG�/
City Clerk /
BY 1.
FORM PROVED: i
DATE Z�
ity Attorney
v1GTt �-1C..
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 lSS.
COUNTY OF SANTA CLARA )
On this 27th day of Jul 19 89 , before me, the undersigned
a Notary Public in and for said County and State, personally appeared — -
LAWRENCE J. KLAMECKI -
personally known to me (or proved to me on the basis of satisfactory evidence to be the person who executed
the within instrument as _ VICE_ President, and __BRYAN ASR INCH -- - personally
known tome (or proved tome on the basis of satisfactory evidence) to be the person who executed the within
instrument as — Secretary of or on behalf of the corporation, and acknowledged to me that such
corporation executed the same, pursuant to its laws, or a resolution of its Board of Director ,
• - OFFICLAL SEAL
WITNESS my nd a )d official seal. CRYSTAL is,STRL RAF RTV
'lBU-CALF-O`
MA y?TAe`
SANTA CLARA Ct-* - MTY
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Signatur ? PJ1y Comm. Expires Aug 23, 1989
CRYSTAL RAFFERV
Name (Typed or Printed)
T1102
ME
(This area for official seal)
L071 POE t1bG7
A • d• MON 12 0 • • •
1. No occupancy on this site will be granted prior to the acceptance
by the City of all of the off -site improvements.
2. All fees shall be paid at the rates in effect at the time of
payment.
3. This agreement shall run with the land and be binding upon any
successors in interest.
4. The City agrees to reimburse the Developer for the cost of the
following items at the following agreed upon prices:
a. The reconstruction of the 12 foot wide travel lane on the west
side of Chestnut Street through the entire frontage of the
parcel. Agreed cost is $17,212.50.
b. The construction of concrete sidewalk and handicapped rare at the
north end of the developers parcel to tie in with the sidewalk on
the K -Mart frontage. Agreed cost is $500.00.
The cost of the above listed items will be reimbursed to the developer
within 10 days of acceptance of the off -site work by the City.
Page 1 of 1
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Location of Property_
Assessor's Parcel No
Name of Applicant
Address
Type of Development 7
Area 8.54 acres
CITY OF GILROY
OPMENP COST SCHEDULE
E S T I M A T E
Ln71PACEISGg
No. 89 -4 (Rev.2)
Date 7 -21 -89
Initialed NSAfJBL
6800 Chestnut Street
841 -66 -018
Raisch Products, Inc. (Mr. Lawrence Klamecki)
99 Pullman Way, San Jose, CA 95111
Proposed Cmmiercial Auto Ctr Stone Drain Area "A"
_Street Frontage 360.52 feet on Chestnut
Special Public Works Services
Engineering Map Check for 3 lots
Final Maps $333.00 + $44.40/lot
Parcel Maps $416.25 + $34.41/lot
100 - 2600 -3- 600400 $ 1,117.17
50% 558.59
$ 519.48
Miscellaneous Engineering Services $___A55.10
10 hours x $45.51/hr
Public Works Microfilming (Maps and Plans) $ 142.59
1 - 6 sheets $117.59 + $5.00 /sheet
7 -12 sheets $150.26 + $5.00 /sheet
13 -18 sheets $182.93 + $5.00 /sheet
5 number of sheets
Wood Pole Mounted Electrolier
FF @ $8.58/FF
Engineering Plan Check and Inspection
cost of Public Improvements
$ N/A
100 - 2600 -3- 600412 $ 22,475.75
50% 5,000.00
$ 263,939.25
10% of first $100,000 = $10,000.00
8% of $100,000 - $200,000 = 8,000.00
7% of over $200,000 = 4,475.75
(Subject to change based on actual cost.)
Fire Hydrant Location Fee $ 34.77
$34.77 for the first 5 hydrants
+$ 3.48 for each additional hydrant
Stone Development Fee
Area "A"
Area "A -1"
Area 'B"
Area "C"
Area "D"
$2,016.07/Acre
$4,018.85/Acre
$1,888.45/Acre
$3,216.01/Acre
$1,994.71 /Acre
Area "E"
$1,502.76 /Acre
Area " Fw'
$2,775.22/Acre
Area "Q"
$2,523.14/Acre
8.54 Acres @$ 2,016.07 /Acre
Front Foot Charges
Water - 12
inch diameter
360.5 FF @$__L5.97
FF
Sewer - 10
inch diameter
360.5 FF @$--L2.36
FF
L r PLiGE t 5 i
,0
220 - 2640 -3- 680200 $ 17,217.24
50% 8,608.62
220 - 2640 -3- 680201 $
50%
221 - 2641 -3- 680200 $
500-o
222 - 2642 -3- 680200 $
50%
223 - 2643 -3- 680200 $
50%
224 - 2644 -3- 680200 $
50%
225 - 2645 -3- 680200 $
501-o
226 - 2646 -3- 680200 $
50%
230 - 2636 -3- 680400 $ 5,757.50
50% 2,878.75
230 - 2636 -3- 680500 $ 4,456.03
50% 2,228.01
Street Dprovements 230 - 2636 -3- 680600 $bv developer
50%
Pavement SF @
Curb & gutter FF @ $12.36/FF = $
Sidewalk SF @ $ 3.81/SF = $
Gal. Pole
Electrolier
& Conduit FF @ $ 8.58/FF = $
Fire hydrant
Resident FF @ $ 2.83/FF =
Coma & Ind. FF @ $ 3.78/FF = $
Stone Drain - 36 inch diameter 230 - 2636 -3- 680700 $ 10,397.40
50% 5,198.70
360.52 FM $ 28.84 /FF
Sewer Development Fee 705 - 2662 -3- 671000 $ 11,487.00
50% 5,743.50
Units @ $1,308.00 /Unit (Res)
2,100 Gals. @ $547.00/100 GPD (Comq/Ind)
Water Development Fee
L 0'71 P4GE 15'71
725 - 2672 -3- 695000 $ 7,074.90
50% 3,537.45
Units @ $1,075.00 /Unit (Res)
6,300 Gals. @ $1,123.00/1000 GPD peak (CCOWInd)
Construction Water 720 - 0433 -3- 690000 $_____.610.39
50% 305.20
360.52 FF @ $0.67/FF + 8.54 Acres @ $43.19 /ACre
Public Works Cash Bonds and Deposits 801 - 2680 -3- 680000 $ 395,908.88*
Other $
50%
other $
50%
TOIL DUE CITY $ 80,593.38
50% 34,058.82
Balance Due $ 46,534.56
NOTE: All deferred and/or estimated fees will be adjusted to the rates in
effect at the time Building Penmits are issued.
* Not included in total.
(150% of Cost of Public
I Wrovements, Page One)
Date: