Rosso, Jaime - PDA No. 86-40 R1•. D J J
N"' AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM 86 -40 Rl
DRAINS AND OTHER PUBLIC WORKS FACILITIES No.
K 904PAGE18a9
This agreement made and entered into this 3rd day of April the
19 89 by and between the City of Gilroy, a municipal corporationa herein called
owner
VIC `- y r and Pedro Jaime Rosso & Robert Anthony Rosso DBA Rosso
developer or subdivider, herein called the Developer P'urni�ure
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 799 -34 -035 and,
WHEREAS, the Developer requires certain utilities and public works facilities in
order to service the property under the mini1mJm 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
td cs,l Included above t
referredd 000Codes, Ordinances, Resolutions, andSubstitutionsthereof, 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.
NO 1'1:1: PI -IR (.(; S1•:C z / 381 10065295
J
Susanne E. Steinmetz,
City Clerl O
,V
N
��
—'
O
City of Gilroy
AMMENDED
_
7351 Rosanna Street
_ "
r�
O
^' i l roy CA 9.5020
Replaces places AGREEMENT 86 -40
Q\
,
_
PROPERTY DEVELOPMENT AGREEMENT
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
L)1
•. D J J
N"' AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM 86 -40 Rl
DRAINS AND OTHER PUBLIC WORKS FACILITIES No.
K 904PAGE18a9
This agreement made and entered into this 3rd day of April the
19 89 by and between the City of Gilroy, a municipal corporationa herein called
owner
VIC `- y r and Pedro Jaime Rosso & Robert Anthony Rosso DBA Rosso
developer or subdivider, herein called the Developer P'urni�ure
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 799 -34 -035 and,
WHEREAS, the Developer requires certain utilities and public works facilities in
order to service the property under the mini1mJm 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
td cs,l Included above t
referredd 000Codes, Ordinances, Resolutions, andSubstitutionsthereof, 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.
Ky04 PAGE IX60
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 Curnist, two (2) good and sufficient bonds. On 00 all be and
executed in the face amount of no less than $
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 (]) 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 ttie 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 ttie 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 ttie
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.
cxrTinN 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
ttie 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-
K904eaE1861
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed:
Peak water use not to exceed:
600 gal per day.
1,800 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
-3-
$ 12,763.48
K 904 ?A6E1862
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
AT ST:
City Cler
CITY OF GILROY
Mayo
c ty tuna
_DEVE PER
BY
osSo
BY
DATE 4 `�'" N _S I I e?
NOTE: If Developer is a corporation, the complete legal name and corporate seal of the
-------- I-- ---I -t-- _e -L- e__ ..t_ --------
STATE OF CALIFORNIA
ss.
COUNTY OF SANTA CLARA
On March 17, 1989 before me, the undersigned,
a Notary Public in and for said State, personally appeared,
ANTHONY ROSSO , known to me to
be the person whose name subscribed to the within instru-
ment and acknowledged that tie executed the same.
WITNE my hand and official seal. SVunne E. Steinmetz. City cic:k
W;�;L City of Gilroy. County Of Santa fl`'a / Stitt of California W Civil Core S:c. 1191;
QGZZ / egyernrrierrt Code Sec. 40914.
Susanne E. Steinmetz, City Clerk, Citf of Gilroy
per GC Sec. 40814; CC Sec. 1181
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA as.
On March 21, 1979 before me,
a Notary Public in and for said State the undersigned,
JAIME ROSSO , personally appeared
known me be the person whose name subscribed to the withinti�
ment and acknowledged that lie nstru
14ITN S my hand and official seal. executed the same.
)gueannt E. Steinmetz. City Clerk
„ r City of Gilroy, County of Santa CLra
Susanne E. Steinmetz, C i t y Clerk, o f G i l r o v Stets of California per Civil Code Sec. Jill;
per GC Sec. 40814; CC Sec. 1 181 at Code Sic. 40814.
Location of Prooer7y tlest
r_.. 0: ITT .Oy
K904PA61I 63
DE✓=' V OP "'.EN= C3S
r
E S T I I•'. A T E init red ,IS JS
ide of Monterev Street, aporox°_mately 550 'ea- sout., cc
Tenth Street
Assessor's Parcel V 799 -34 -028
Name of Applicant JAIME ROSSO
Address 7652 Monterey Street, Gilroy, CA 95020
Type of Development Proposed Commercial
Area 1.263 acres
Street Frontage 116.53 feet
Special Public Works Services
Engineering Map Check
Storm Drain Area "A"
01 -100- 1100 - 600400
Subdivisions $190.00 + $3.00 /lot $ n/a
Parcel Splits $83.00 + $3.00 /lot
number of lots
Miscellaneous Engineering Service $ 195.30
6 hours x $32.55/hr
Public Works Microfilming ("aps and Plans) $ 40.00
g sheets x $5.00 /sheet
Wood Pole Mounted Electrolier $ ^/-
FF @ $5.25/FF
Engineering Plan Check and Inspection 01 -100- 1100 - 600412
5% of tae 'Cost of Public Improvements
Subject to revision
51: x $ 104,641.00 _ based on actual cost.
Storm Development Fee
Area
"A"
$1,868.00 /Acre
02- 220 - 1300 - 720200
Area
"A -1"
$3,716.00 /Acre
02 -220- 1300 - 720201
Area
"B"
$1,654.00 /Acre
02 -221- 1300 - 720200
Area
"C"
$2,79E.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- 72C200
Area
"F"
$2,424.00 /Acre
02 -225- 1300 - 720200
Area
"Q"
$2,333.00 /acre
02 -226- 1300 - 720200
1.263 Acres
@$ 1,868.00 /Acre
Acres
@$ /Acre
$ 235.30
(503 = _17.65)
$ 5,233.00
(50% =2,616.00)
$ 2,359.28
(50% =1,179.64)
$
S
,ront Foot Charges
Water
K y04 PAGE 1864
02- 230 -1300- 720400 $ 1,1S7.44
(50A = 593.72
110.53 FF @$ 10.19 /FF
Sewer 02 -2 =.)- 1300 - 720500 $ 1,297.23
(503 = 648.62)
e ) 140.09 FF 9.26 /FF
Street Improvements 02 -230- 1300 - 720600 $ 3,923.33
(503 = 1,911.67)
Pavement 1981 SF @ $1.93 /SF - $ 3,823.33
Curb & Gutter FF @ $11.41 /FF - $ B Deve'_0Der
Sidewalk SF @ $ 3.27/SF - $ By Developer
Gal. Pole
Electrolier
& Conduit FF @ $ 5.25/FF - $ By Develooer
Fire Hydrant
Res_dent FF @ $ 2.67/FF - $ n/a
Comm & Ind. FF @ $ 2.99/ -F $ BY Developer
Storm Drain 02 -230- 1300 - 720700 $ 7,161.81
(50% = 3,580.90)
15 ") 577.1 FF @$ 12.41 /FF
Sewer Development Fee
07 -705- 1300 - 720100 $ 2,280.00
(503 = 1,140.00)
600 gal @ $380/100 gal.
Water Development Fee 07 -725- 1300 - 720300 $ 1,552.71
(503 = 826.35)
Units @ $880.88 /Unit
1800 Gals. @ $918.17/1000 GPD peak
C�nstruccion Water 07- 720 - 1900 - 800100 $ 256.87
(303 = 133.44)
417 FF @ $0.55/FF + 1.75 Acres @ $21.00 /Acre
Fire Hydrant Location Fee 07- 720 - 1900 - 800300 $ 31.00
(503 - 15.50)
$31.00 for the first 5 hydrants
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits 08 -800- 1100 - 600400 $ 156,961.50 **
Other $
TOTAL DUE CITY $ 25,526.97
(50% = 12,763.49)
Balance
$ 12,763.48
NOTE: A11 deferred and /or estimated fees will be adjusted to the rates in eZfect at the
time Building Permits are issued.
** riot included in total.
Accep
Date:
-2-