South Valley Intercommunity Hospital - PDA No. 87-21WHEREAS, 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.
-I-
'8.2 2"
,�L Sus.:nne E. Steinmetz,City Clerl NO FEE per GC Sec 6103
Cit • •of GiYro G
�t.
735'1 Rosanna
• Gilroy, CA 95020
_ .A
r `tea _ _.OPERTY DEVELOPMENT AGREEMENT
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION
SYSTEM�!
O
o
W
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS,
STORM
c4
DRAINS AND OTHER PUBLIC WORKS FACILITIES
No.
87-21
K164P46E1167
This agreement made and entered into this 18th day of
May
1987 , by and between the City of Gilroy, a municipal corporation, herein
called the
"Ci y r and South Valley Intercomriunit Hospital ospital
, 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:
Assessor's Parcel No. 835 -15 -001
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.
-I-
9164PQ6
E1168
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 $ 1,200,000.00, 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 (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.
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
K 164PAGE1169
SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: 23,500 gal per day.
Peak water use not to exceed: 47, 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.
SF.CTTnW 1 f)
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
-3-
$ 297,206.63
C
0
0
U
I
`c
M
K 164PAGE1170
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTE T:
City Clerk
i
ITLE
CITY
GILROY
/� //V� ,
strator
South,^Valle In;tircoAnunity Hospital,
Inc.
BY dk4t4m- as
ld*ninistratp and Chief
Executive ficer
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 1
COUNTY OF Santa Clara }SS
On this 11th day of _ __ MaY-_ _ - - _ - - -_ _ _ -_ _ _ - -_._ - _ _ , 19V , before me, the undersigned
a Notary Public in and for said County and State, personally appeared
_Andrea_- Y. Coleman___. -
personally known to me (or proved to me on the basis of satisfactory evidence to be the person who executed
the within instrument as __. _. ____- - )P6NA&1V AdminStr8tOT personally
known to me (or proved to me 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 Directors
WITNESS m nd nd official seal �w ~ ~� ^` ^�L �?�
y ( RA I ERTY
•�f` )
I ; j
NO Ry I- 6,�I.IC - CALIFORNIA
Signature _ _ - _ - - �' �, : -f: Sr.N I,A CL!�RA COUNTY
°1�` My Comm. Expires Aug. 23, 1989
Crystal -Raf fart-y,- -- -- -- - - -- ... - - - -- - . -- - -. (This area for official seal)
Name (Typed or Printed)
T1102
0
-4-
K 16 4 Pa6E 11'71
CILTY ii� GILROY 11o.
D %'DLJ ?'TENT :OST SCHEDULE Date__
Lnitia led
�_
Location of ?ropefty v2st Aide of e �3,95Q feet Per-6h e€ the ;- �terseetleft e€—
Leavosley and San Vcidro Roads _
Assessor's Parcel No. 835- 15 -001
Name of Applicant South Valley =l te��a�a;,, i�v -HosP €teal
Address
Type of Development Proposed
Area -1-5 Storm Drain Area ,,,.,,
Street Frontage 994 feet
Special Public Works Services
100- 2600 -3- 600400
$
Engineering Map Check
Final Maps $300.00 + $40.00 /lot
$ 340.00
Parcel Maps $375.01 + $31.00 /lot
1 number of lots
Miscellaneous Engineering Services
$ 04
hours x $41.00 /hr
Public Workz Microfilming (Maps and Plans)
$ 193 79
1 - 6 sheets $112.53 + $5.00 /sheet
7 -12 sheets $143.79 + $5.00 /sheet
13 -18 sheets $175.05 + $5.00 /sheet
10 number of sheets
Wood Pole Mounted Electrolier
$ n/a
FF @ $8.33/FF
Engineering Plan Check and Inspection
100 - 2600 -3- 600412
$ 80,008.73
Cost of Public Improvements
$ 1,085,839.00
10% of first $100.000 = 10,000.00
8% of $100,000- $200,000 =
7% of over $200,000 =
(Subject to change based on actual cost.)
Storm Development Fee
Area "A" $1,957.35/Acre
220- 2640 -3- 680200
$
Area "A -1" $3,901.80 /Acre
220 - 2640 -3- 680201
$
Area "B" $1,833.45 /Acre
221 - 2641 -3- 680200
$
Area "C" $3,122.34/Acre
222 - 2642 -3- 680200
$
Area "D" $1,936.61 /Acre
223 - 2643 -3- 680200
$
Area "E" $1,458.99/Acre
224 - 2644 -3- 680200
$
Area "F" $2,694.39/Acre
225 - 2645 -3- 680200
$ A.D. **
Area "Q" $2,449.65/Acre
226 - 2646 -3- 680200
$
Acres @$ /Acre
Front Foot Charge
Nater -
FF @$
Sewer -
FF @$
Street Improvement
Pavement
Curb & gutter
Sidewalk
Gal. Pole
Electrolier
& Conduit
Fire Hydrant
Resident
Comm & Ind.
Storm Drain -
inch diameter
FF
inch diameter
FF
230- 2636 -3- 680400
230 -2636 3- 680500
230 - 2636 -3- 680600
29,820 SF @ $ 2.50 /SF = $ 74,550.00
FF @ $12.00 /FF = $ By Developer
SF @ $ 3.70 /SF = $ By Developer
FF @ $ 8.33/FF = $ By Developer
FF @ $ 2.75/FF = $ n/a
FF @ $ 3.67/FF = $ By Developer
inch diameter 230 - 2636 -3- 680700
FF@ $ /FF
Sewer Development Fee 705- 2662 -3- 671000
Units @ $908.00 /Unit (Res)
23,500 Gals. @ $380.00/100 GPD (Comm /Ind)
Water Development Fee 725- 2772 -3- 695000
Units @ $1,075.00 /Unit (Res)
47,000 Gals. @ $1,123.00/1000 GPD peak (Comm /Ind)
Construction Water 720 - 0433 -3- 690000
FF @ $0.67 /FF + Acres @ $43.19 /Acre
Fire Hydrant Location Fee 720 - 0433 -3- 692000
$33.11 for the first 5 hydrants
+$ 3.31 for each additional hydrant
Public Works Cash Bonds and Deposits 801- 2680 -3- 680000
Other
Other
TOTAL DUE CITY
K 164PAGE1172 -
S By Developer
$ By Developer
$ 89,300.00
$ 52,781.00
$ -0-
$ 33.11
$ 297,206.63
*
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.
** See Agreement Stipulation V. j�" /
Accepted` by -
Date: !�"/7 ",Za !' , 4v
K 164PAsE1173
ADDITIONAL TERMS AND STIPULATIONS
TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND SOUTH VALLEY INTERCOMMUNITY HOSPITAL
DATED MAY, 11 , 1987
1. The Hospital agrees to comply with all conditions of approval as
adopted by The City Council on February 17, 1987, and the terms of this
agreement. The terms and conditions defined hereunder are of mutual benefit
to The Hospital and the City of Gilroy.
2. The City of Gilroy shall reimburse the Hospital for Water, Sewer,
Streets, and Storm Mains installed by the hospital along San Ysidro Street,
Las Animas Ave, No Name Uno and Murray Avenue. Said reimbursements shall be
collected from fronting properties when development occurs and will be
reimbursed to the hospital. Each developing property shall pay one -half of
the value of the facilities installed along their respective property
frontage.
3. The Hospital shall also be eligible for an additional reimbursement
for the installation of the sewer main from a point north of Leavesley Road
to the trunk sewer main and the Water Main Cost in the Freeway Right of
Way. The Hospital shall direct its Engineer to prepare a benefit area for
the collection of this fee and prepare a cost sharing schedule. The City
shall collect this fee from each developing property as shown on the
prepared exhibit.
4. All reimbursements shall be available for a period of fifteen
years from the date of this agreement.
5. The City of Gilroy shall contribute to the oversizing of the Water
Main from San Ysidro Ave. to the intersection of Murray Ave. The City
contribution shall be for the difference between a 12" Water Main and a 24"
Water Main.
6. The Hospital shall pay the City all Site Development fees, that are
paid by all other projects in Gilroy. Fees shall include Water, Sewer,
Engineering, Inspection Fees, and all other fees pertinent to this
agreement.
7. The Hospital agrees that The City has deferred many of the
improvements which would normally be required on or along Las Animas,
Cohansey, and the future extension of Arroyo Drive. Improvements shall
include Streets, Water Mains, Sewer Mains, Storm Mains, Storm Relief
Systems, Street Lighting and all appurtenant facilities which are normally
required in the development of these facilities. Said improvements will be
installed by the hospital at such time as they are deemed necessary by the
Director of Public Works. Improvements shall be deemed necessary when
adjacent development occurs or substantial improvement in the area dictates
the need for their installation.
South Valley Intercommunity Hospital
Stipulations
Page Two
K 164EPAGE1174
of Public Works acting under a deferred improvement agreement
between Hospital and City. Improvements shall be deemed necessary
when adjacent development occurs or substantial improvement in the
area dictates the need for their installation.
8. The design, operation and maintenance of the Retention
Pond System shall be the responsibility of the Hospital. The
Hospital agrees to mitigate any and all problems that may arise
from this system.
9. The Hospital agrees to reserve a site for a new Domestic
Water Well. The site shall be 100 feet by 100 feet and shall
front Cohansey, Las Animas or No Name Uno. The terms of the
acquisition shall be negotiated between the City and the Hospital.
10. All construction water for onsite and offsite work shall
be pumped by the Hospital supply well. No charges have been made
for construction water.
11. All reimbursement amounts will be determined after the
City reviews copies of signed contracts showing actual unit
prices.
Signa
Date:
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-19 S 7 PROJECT
REIMBURSEMENT AREA 1) B 11
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