South Valley National Bank - PDA No. 94-18Susanne E. Steinmetz, City Clerk
City c - f Gilroy - i 1 2 4 5 5 0 5 6 >-
• 7351 .Rosanna Street _ _ CY D
Gilroy, CA 95020 , �;: = - .)_mJJ..--
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PROPERTY DEVELOPMENT AGREEMENT
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COMMERCIAL, INDUSTRIAL, INSTITUTIONAL xrV�i
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AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 94 -18
This agreement made and entered into this 2nd day of May Z
1994 , by and between the City of Gilroy, a municipal corporation, herein called the
"City" and South valley National Bank 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, M
covering certain real estate known as and called: rT1
APN 790 -39 -027, N/E corner of Santa Teresa Blvd. & First Street and, tIJ
WHEREAS, the Developer requires certain utilities and public works facilities in O
order to service the property under the minimum standards established by the city and, tD
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, the current Zoning ordinance, and the currently adopted Uniform Building Code.
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, electricity, 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-
H431P^;GE1910
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 $82,150.00, and
the other shall be executed in an amount no less than 508 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 108 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-
SECTION 8
The Developer will
limits are as follows:
Sewer capacity not
Peak water use not
The city will atte;
If additional capacity is
water use at or below the
t+31f'kGE191
pay for a daily sewer and water allocation. The allocation
to exceed: 550 qpd
to exceed: 1100 qpd
npt to provide additional capacity at the then current rate.
not available, the Developer agrees to maintain sewer and
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 buildings 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 facilities.
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
extensions.
-3-
Water Development Fee
a.Single Family Residential:
$1,075.00 / dewelling unit-
1431 P,! GE 2
436 - 2600 -3- 695000 $2,610.30
100% $2,610.30
Y $0.00
b.Commercial /Industrial:
$2,373.00 / 1,000 gals. /day or Y $2,610.30
$1,561.00 , whichever is greater =------ - - - - --
c.Additional allocation for
existing service that does not 100% of water development fee
have a water allocation agreement: Y/N N
Obata Industrial Park Credits
(Based on reimbursements due from oversized water facilities)
Obata Fee Credit $154.00 /acre $0.00
Water User Fee (Construction)
$2.58 / f.f.
Bonds and Securities
* Not included in TOTAL DUE
TOTAL DUE CITY $146,081.30
-------- - - - - --
100% $146,081.30
720 - 0433 -3- 690000 N $0.00
100% $0.00
+ $168.14 /a.c.
801 - 0000 -2- 229015 * $123,225
(est)
NOTE: All deferred and /or estimated fees will be adjusted to the rates in
effect at the time Building Permits are issued. The undersigned
agrees to provide actual construction costs for recalculation of
fees and pay any underestimated fees prior to final acceptance. If
the recalculated fees are less than the estimate, the City of
Gilroy will refund the difference.
Accep
Date:
COST SCHEDULE
H431P ?PA GE1913
TOTAL AMOUNT DUE CITY $146,081.30
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATT E�
City clerk
Susanne E. Steinmetz
FORM APPROVED:
City ttorne
Linda A. Callon
DEVELOPER
BY
rad� PresidQ nt &
BYY �-
mo d G. Webster, V.P.
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.
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No 5193
State of California
County of Santa Clara
On 4 -21 -94 before me,
DATE
C.W. Clark, Notary
NAME. TITLE OF OFFICER E.G
'JANE DOE, NOTARY PUBLIC
personally appeared Brad L. Smith and Raymond G. Webster
NAME(S) OF SIGNER(S)
❑ personally known to me - OR - ❑rffiSFFtSii�FAfFTi�f� ?ice
to be the person(s) whose name(s)*K/are
subscribed to the within instrument and ac-
knowledged to me that ka/ths /they executed
the same in fgisd= /their authorized
capacity0es), and that by NsA= /their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
C. W. CLARK Z
comm. I1000266 Z
i "° • NototY public - Ca }aruo
- SANTA CIARA COUNTY
ply Comm. Expires AUG 15. 1997
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law.
it could prevent fraudulent reattachment of this form.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
❑ INDIVIDUAL
CORPORATE OFFICER(S)
CEO and EX V.P.
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
WITNESS my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES)
SVNB
SIGNATURE OF NOTARY
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT Property Development Agreement
NUMBER OF PAGES 12 DATE OF DOCUMENT 4 -21 -94
SIGNER(S) OTHER THAN NAMED ABOVE TMm Gage, Baksa,Steinmetz, Callo
x.;1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184
N431p,GE1914
STIPULATIONS
TO
DEVELOPMENT AGREEMENT NO. 94 -18
1. The City shall reimburse to the Developer from the Traffic Impact Fee
the amount of $154,691.04. This is the remaining amount due the
Developer for doing street improvements as outlined in the Circulation
Element and Page 2 of the enclosed Engineering Division Final Charges
sheet. This amount shall be paid to the Developer within two weeks of
the execution of this document.
2. The developer is to be reimbursed per the: current fee schedule for the
new 18~ RCP in Kelton Drive and First Street storm pipe by the future
developers of the parcels which border the new line. This reimbursement
will be for half pipe costs as outlined in the City,s fee schedule at
the time the affected parcels develop. This reimbursement will only be
collectable if the affected properties develop within ten years from the
date this agreement is signed.
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Location Map
EXHIBIT A
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Location Map
EXHIBIT A
N4 3 1 Fig GE 1 916
CITY OF GILROY
DEPARTMENT OF PUBLIC WORKS
DATE: 03- Apr -94 ENGINEERING DIVISION
---- - - - - -- FINAL CHARGES
NUMBER: 94 -18
PROJECT LOCATION:
N.E. Corner Santa
-----------------------------------------------------
Teresa and
First Street
$4,537.50
PARCEL NUMBER:
790 -39 -027
4510
$2,610.30
$0.00
OWNER /DEVELOPER:
-----------------------------------------------------
South Valley National Bank
720 - 0433 -3- 690000
2202
MAILING ADDRESS:
-----------------------------------------------------
500 Tennant Station Way, M.H., 95037
$0.00
TELEPHONE NO:
-----------------------------------------------------
778 -1510
4703
$0.00
$0.00
PREPARED BY:
-----------------------------------------------------
Mark Fachin
801 - 0000 -2- 229015
4703
$0.00
$0.00
-----------------------------------------------------
Key
XXXXXXXXXXXX
801 - 0000 -2- 229015
G/L Account
Account No.
Code Fee:
Credits:
Amount Due:
- - - - --
Description:
------ - - - - --
---------------- -
100- 2600 -3- 600400
- - - -- ------- - - - - -- ------
4904 $3,073.18
- - - - --
$0.00
------
$3,073.18
PW Services
100 - 2600 -3- 600412
4702 $8,215.00
$0.00
$8,215.00
Plan Ck /Insp
420 - 2600 -3- 680200
4501 $10,796.97
$0.00
$10,796.97
Storm Fee
431 - 2600 -3- 680300 5001 $0.00 $0.00
433 - 2600 -3- 681000 4905 $116,848.35 $116,848.35
$0.00 Undrgrnd Fee
$0.00 Traffic Fee
435 - 2600 -3- 671000
4509
$4,537.50
$0.00
$4,537.50
Sewer Fee
436 - 2600 -3- 695000
4510
$2,610.30
$0.00
$2,610.30
Water Fee
720 - 0433 -3- 690000
2202
$0.00
$0.00
$0.00
Const Water
801 - 0000 -2- 229015
4703
$0.00
$0.00
$0.00
Reimbrsmnts
801 - 0000 -2- 229015
4703
$0.00
$0.00
$0.00
XXXXXXXXXXXX
801 - 0000 -2- 229015
4703
$0.00
$0.00
$0.00
XXXXXXXXXXXX
Totals ................
$146,081.30
$116,848.35
$29,232.95
Bonds and Securities
$123,225
-------- - - - - --
--------------
SERVICE CHARGES (1)
CITY OF GILROY
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
FINAL CHARGES
DATE: 01 -Apr -94
NUMBER: 94 -18
tj 4 3 1 P' GE 19 11
Total Reimburseable Amount due Developer
from the Traffic Impact Fee $271,539.39
Credit as listed on Page 1 (116,848.35)
Net Amount to be reimbursed to Developer $154,691.04
SERVICE CHARGES -2-
CITY OF GILROY
DEPARTMENT OF PUBLIC WORKS
DEVELOPMENT COST SCHEDULE
FINAL ESTIMATE -
Prepared by
tj 4 3 1 HA CE 1918
No.
Date
NOTE: This 100 % cost schedule has been adjusted to the
effect at the time Building Permits were issued.
Location of Property N.E. Corner Santa Teresa and First Street
-----------------------------------------
Assessor's Parcel No. 790 -39 -027
94 -18
03- Apr -94
Mark Fachin
rates in
Name of Applicant South Valley National Bank
-----------------------------------------------------
Mailing Address 500 Tennant Station Way, M.H., 95037
-----------------------------------------------------
(Number of
Reimbursements and credits:
Site Information:
Units /Sq Ft)
N Country Estates Water System?
N Single Family Res units?
0
N Country Estates Sewer System?
N High Density Res units?
0
N Northwest Quadrant Sewer?
Y High Traffic Commercial?
19,209
N Obata Industrial Park Credit?
N Low Traffic Commercial?
0
N General Industrial?
0
Commercial /Industrial Allocations:
N Warehouse Industrial?
0
Y Sewer Allocation GPD 550
Common Area?
0
Y Water Allocation GPD 1,100
N Assembly Hall?
B Storm Basin
No. Lots 3 Number
of Lots Used in Estimate
3
Total Area 5.200 Acres Number
of Acres Used in Estimate
5.200
Actual FF 0.00 Feet Front Footage used for FF Charges
0.00
Front Footage used for Cost of Improvements
and Const Water
0.00
Special Public Works Services 100 - 2600 -3- 600400 $3,073.18
Maps: 100% $3,073.18
Final $3,025.00 + $50.00 /lot N $0.00
Parcel $1,070.00 + $100.00 /lot Y $1,370.00
Reapportionment (Assessment District Parcels)
$1,767.00 + $100.00 /lot N $0.00
Administration Fees:
Country Estates Water System $0.00
(Not Included) ------ - - - - --
Country Estates Sewer Trunk Main $0.00
(Not Included) ------ - - - - --
Northwest Quadrant Sewer Trunk Main $0.00
(Not Included) ------ - - - - --
COST SCHEDULE (1)
4�IPGE1919
Miscellaneous Engineering Services:
(Cost Schedules, Agreements, R/W Reviews and Other
Misc. Services)
20 hr Misc Services $77.00
/hr.
Y
$1,540.00
Public Works Microfilming (Maps and
Plans):
1- 6 sht $149.94 + $6.62
/sheet
$163.18
7 -12 sht $191.84 + $6.62
/sheet
$0.00
13 -18 sht $233.73 + $6.62
/sheet
$0.00
# of Shts 2
Engring Plan Check and Inspection
100 - 2600 -3-
600412
$8,215.00
(Based on total cost of public
------
- - - ---
right -of -way improvements)
100%
$8,215.00
0 hr Onsite grading $77.00
/hr.
N
$0.00
Offsite Improvements to be Bonded
$82,150
Actual Cost of Public Improvements
$82,150
10% of first $100,000
$8,215.00
8% of $100,000 to $200,000
$0.00
7% of over $200,000
$0.00
Fire Hydrant Location Fee
Number of Fire Hydrants
0
Fst Five $44.58 + $4.46
/ea additional
$0.00
Storm Drain Development Fee
42X- 2600
-3- 680200
$10,796.97
100%
$10,796.97
Zone A $2,216.82
/acre
Y
$0.00
Zone A -1 $4,418.71
/acre
Y
$0.00
Zone B $2,076.34
/acre
Y
$10,796.97
Zone C $3,535.99
/acre
Y
$0.00
Zone D $2,193.17
/acre
Y
$0.00
Zone E $1,652.28
/acre
Y
$0.00
Zone F $3,051.34
/acre
Y
$0.00
Zone Q $2,774.18
/acre
Y
$0.00
Zone R $1,387.57
/acre
Y
$0.00
Obata Industrial Park Credits
Obata Fee Credit $1,170.00
/acre
Y
$0.00
COST SCHEDULE (2)
84 Main $52.00 / f.f. x
90 " Main $55.00 / f.f. x
96 " Main $58.00 / f.f. x
114 3 1 HGE 1 920
N 0.00 = $0.00
_------ - - - - -- ------ - - - - --
N 0.00 = $0.00
N 0.00 = $0.00
------- - - - - -- ------ - - - - --
Utility Underground Fee 431 - 2600 -3- 680300 $0.00
Front Footage 100% $0.00
$118.36 / f.f. x N 0.00
Traffic Impact Fee 433 - 2600 -3- 681000 $116,848.35
100% $116,848.35
Single Family Res $2,727.000 /d.u. Y $0.00
High Density Res
Commercial High- traffic
(> 4 trips /1000 sf)
Commercial Low- traffic
(<= 4 trips /1000 sf)
Industrial General
$2,209.000 /d.u. Y $0.00
$6.083 /gross s.f. Y$116,848.35
$3.000 /gross s.f. Y $0.00
$1.175 /gross s.f. Y $0.00
Industrial Warehouse $0.866 gross s.f. Y $0.00
Sewer Development Fee 435 - 2600 -3- 671000
a.Single Family Residential: 100%
$2,186.00 / dewelling unit Y $0.00
b.High Density Residential:
$0.00 / dewelling unit
c.Commercial /Industrial:
Y $0.00
$4,537.50
$4,537.50
$825.00 / 100 gals. /day or Y $4,537.50
$2,186.00 , whichever is greater =------ - - - - --
d.Additional allocation for
existing service that does not 25% of sewer development fee
have a sewer allocation agreement: Y/N N
Country Estates Sewer Trunk Main :�u.uu
(Not Included) ------ - - - - --
Obata Industrial Park Credits
(Based on reimbursements due from oversized sewer facilities)
Obata Fee Credit $531.00 /acre $0.00
COST SCHEDULE (,9 C3)