Sotelo, Ray - PDA No. 85-54NO FEE per GC Sec. 6103
Susanne E. Steinmetz,City Clerk
City of Gilroy
7351 Rosanna St,
Gilroy, CA 95020 l'ROI'F:Rf�' DF�'i'I•r l'f;I: ?;I' AC;Ri:I:`!I:IJT
)MMERCIAL, 1NDrSTRIAk, INSTITUTIONAL,
l
P46E UP
J
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS :
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND nTHE:R PPFLIC VORKS FACILITIES No, 05_54
(85 -47 Amended)
This agreement made and entered into this 20th day of January
1986 by and between the City of Gilroy, a municipal corporation, herein called the
"Cite and RAY SOTELO (South County Motorcycle) a real property owner
developer or subdivider, herein called the 'Developer'.
WHEREAS, a final map of subdivision, record of survey or K tiding permit (Site
Clearance) application has now been submitted to the City for approval and acceptance,
covering certain real estate known as and called:
Assessor's Parcel No. 799 -10 -033
anal,
WHEREAS, the Developer requires certain utilities and public works facilities in
order to service the property uncle: 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, ant, 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 pre.ises 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 S onir.g Ord.): Resolution 85 -5 5982 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 wi1gout 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, el.ectricty, 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 contranou or subcontractor of the
Developer, or any emplayev thpruu , shall do In grading or working
upon said real estue.
J ��SiPAGE 4S6
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 $ 10,000.00 , 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 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 i0% 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.
gFCTTnN i
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.
gFCTTnN 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.
SFCTTnN 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 .,ny 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.
CFCTTnM 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 inu� -e 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 serarately
to each parcel and the Developer of each parcel shall succeed to the obligations
imposed on Developer by th:s agreement.
-2-
SECTION 8
J 5 81 rE 4S'�
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: _ >0 gal per day.
Peak water use not to exceed: 200 gal per da;.
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 measurinl- sewer effluent by:
a. Installing and maintaining a sewer effluent meter. Saic meter shall
meet City Standards and specifications, or
b. Measuring the building's water consumption through 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
es�-imated 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 (Paid $15.50)
c) Public Works Microfilming
sheets x $5.00 /sheet
d) Wood Pole Mounted Electrolier
FF @ $5.00 /FF
e) Engineering Plan Check and Inspection
5% of the Cost of Public Improvements
5% x $ 10,000.00 (Paid $250.00)
f) Storm Development Fees
0. 324 Acres @ $2 , 310-00 /A. re (Paid $374.00)
Acres @ $ /Acre
-3-
DEVELOPMENT COST
$ n/a
$ 45.50
$ n/a
$ n/a
S 250.00
$ 374.00
g) Front Foot Water Fee
FF @ $ /FF
h) Front Foot Sewer Fee
FF @ $ /FF
i) Street Improvement: -
Includes pavement, curb & gutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for breakdown.)
j) Fr�--it Foot Storm Drair Fee
FF @ $ /FF
J5'8iA0E 485
$ n/a
S n/a
$ Ry Developer
$ n/a
k) Water Dev-lopment Fee $
200 Gal. @ $850.81/1000 GPD peak
(Paid $85.00)
1) Construction Water S
196 LF @ $0.50 /FF + 0.:24 Acres @ $20.00 /Acre
(Paid $63.50)
85.00
41.00
m) Fire Hydrant Loca ion Fee $ n/a
$31.00 for first five hydrants
+ 3.00 for each additional
hydrants
n) Seiner Dev,_lopment Fee $ 454.00
$908.00 min. (Pai-d $454.00)
o) Pu'lic Works Cash Bonds and
Deposits
p) Other
TOTAL DUE CITY
S
$ 1,249.00
PENALTY:
Overuse of sewer and water allocations shall be penalized under the Rules and
Regulations allotted by the Gilroy City Council.
-4-
M
W
J 584PAGE 469
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written,
ATT
City Clerk,
f
FORM OVED:
C it y Attorney
CITY OF G i LROY
BY
BY
DATE
NOTE: If Developer is a corporation., the complete legal name and corporate seal of the
corporation and t7e corporate titles of the persons signing for the corporation
shall appear above.
GENERAL ACKNOWLEDGMENT
7110 122
State of
l
County of � vc SS.
OFFICIAL'S EAL
JUDY DIAZ
NOTARY PUBLIC - CALIFORNIA
' SANTA CURA COUNTY
Mr comm. expires OCT 16, 1987
On this the 7k day of - _ - jgr1L. -1 -- 19 ", before me,
-- - v 1 �L7 - - -- -- - - -
the undersigned Notary Public, personally appeared
t I
personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) - - l.l_ il_ subscribed to the
within instrument, and acknowledged that -__ executed it.
WITNESS my hand and official seal.
L— to
Notary's Signature U,4
86653"t 1
NO 201
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Hlva • ru tfox aoza • w000mna nms, ter. --
FILAC) FOR RR40ltd
AT PIQUIRIT OR
U� gq)UA�
JAN Z4 9 24 AH '86
OF E04AL WORDS
SANTA CLARA 0UNTY
LR OOIFt
-5-
��i�PgGE
4S�
�n
a — _
\! r o
O mV�
O � '
F- I
w�
w'
M
m
Y �
m�
J JS� "� ^��
jlr�JC
400
ID I
r
I co i o, 0
O E
I
-w - -- - - - -- �,3631NON -
AZ-A-£62 Ad
5 1 6 6 I 01 05 I o5
I
I
I Q1 I� Ot
I -
- G 1 m —
I
6 OII F-
-- w
I I os CIS
m
I �
OS 1 05 1 s l 05 05 05 I m I 05 I OS I o5
- -- 1S � JL��l3833J13
I,c
c
c
os 152 1 5t I os I os I 05 os I os I os I os 1 os
I � I
osl
o �
v- I N I ei o i i i r i I I O r
r OS OS I 0� i I I I I
M
S
C� M
3: w m
w
F-
z En
U)
0
m
a
w
c
vi
0
S
4-
W
1S
H38 n HD
5 Ob 09
05 E6
09
ID I
r
I co i o, 0
O E
I
NI I �I I IZ)I
� �
I NI
N I
til
vl I N a
nUID
I I
I
I
I
I I
o
I I
I 1
I
I
I
I
yo
I
19
I I I
0
NI �I P
_
C
a l
r- OS OS C_
05
056+
05
05 I
05 OS 1 OS
a
-
1S
H38 n HD
5 Ob 09
05 E6
09
uL
I
I
nUID
hl
�- a°
a
- - -os
o
v° �
19
- u
0
NI �I P
_
C
a l
�I
U
.
a
-
o
—
J
V
b86Er 4E 69 T
I
_
Oa - la
o
14l41�99 C51
b
I I
I
I
! I I
I
96 6E I St, 69 196 44196 bE IIK*21
I
5t 1
001
so SL
58 bL
ED
N
r
L
t` n:
Z
z
3
r;
1S VNNVS08
e
EXHIBI- T A
r
w
N
WB�
sod
:e
c
:ro
3 tWW W
.5F
�sW
s