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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: -- IrIUII 1 L'ItL t r. S. P. N.21' 48• 58' W, • 2 I _ � D� i I AC OR i 4.075 AC NET \0C.,. 84 a► eD I 2y w l� 9 P( I, 10.00 AC. Q O C O Z - Q� j!f pl P\ ,IV a. [[f J' 1 �N 5.00AC OR j Yf a• u, y0) 4.75AC NET I �J,I 0 �l • • .r.- - -- -- •�ztr Q- -- -c.w� — -- - 1- -- - -- �� — — En N j if -• 2 7.50 AC OR L 1 — 26.75 AC NET s. C. V. W. D. - _ 2- Z i ^ LOT 11 8 0 Oa e ; w.9. P�\ - - - - -- N s o PN 5 03 I --- Al -- --j - --- I s- - E �. ; S.21'42 XK 50 01 Q�� Most N'ly. ' n o o' Cor.80.2 0 MURRAY P'(6 6'WI E - MURRAY - ---_ _-- — — -- - -' S.21'31'46 'E. 957.95 " 1 Most WIy I P w. 5.88 AC I Cor.83.4 „ m Al A, yl y_ A O 5 DI O ANIMAS-MURRAY AVE EORGANIZATIOW f" v j v _AS 9 _ 8 3- 4 t o E N.zl'al'lI W I Too RES. 83-80 12 /83 ,1.13ACGR LOOAGN._ PCL.A 24 23 ^ \ w Iw t /o L I 2.70 AC OR ii PCL. 9 2.54AC NET , 3.75 AC NET 15.17 AC. NET W. 9 wet ' - .. 5.2311'10 "E. 33.01 to SOUTH VALLEY I .lo o ' Uro� 5,22 I — 1 I O NAME ' •sa fzi7 17C aD•e — s2 so 1 :AC. :T]- 29.326 8.44 AC NET � , w1 _ A A I O I Be, . tr7J• 660.E0 � I 1 � I SOUTH VALLEY INTERCOMMUNITY HOSPITAL. -19 S 7 PROJECT REIMBURSEMENT AREA 1) B 11 WATER LINE ONLY W. J. HANNA &SON MA Y 19 8 7 SCALE : III= 3001 CIVIL [Mel NaalO AND ellllYWYON& OIIMOY . 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