Loading...
Walton, Gary - PDA No. 93-11!rk Susanne E. Steinmetz, City C1E 11860032 �aG3 City of Gilroy 7351 Rosanna Street ® e r`, Gilroy, CA 95020 LU CO3 co ATNUEY �. nn Q100fT. O � PROPERTY DEVELOPMENT AGREEMENT TED MP cvr RCIAL INBUSTRIAL Oct 5 AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM 93 -11 DRAINS AND OTHER PUBLIC WORKS FACILITIES No. This agreement made and entered into this 5th day of April 19 93 , by and between the City of Gilroy, a municipal corporation, herein called the ,,City" and Gary Walton , 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: 8510 Kern Avenue APN 790 -42 -045 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 Resol ^*loas_$nd-certs.in 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, 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. Be M720PAGE0382 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 $ 3,032.-04 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 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- M72OPAGE0383 ,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: N/A gaiis"M PON day NSA 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. The sidewalk work along Hoesch Way shall be finished within sixty (60) days after the subject parcel maps are recorded. 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- $ 583.20 M7z0 PAGE 0384 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. A. 14 us tATTE Susannebe'. Steinmetz FORM APPROVED: City Attorney Linda A. Callon CITY OF GILROY DEVELOPER CAR Y/ LUALT 6 BY BY DATE � Al 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. (Single Form) Effective 1/ 1/91 STATE OF CAL ORNIA COUNTY OF QnTA 0'L'qX0q Ss. On arch ) &j 10 43 ,3 before me, t e undersigned, a Notary Public in and for said State, personally appeared W a L ro personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/ her /their authorized capac' ies), and that b is /her /their signature(s) on the instrument the person(s), or the entity upon behalf of whi t e persons) a e ecu te d the instrument. WITNESS my h official al. L (,) ;_A wr Signature ANI � Name / / I T (typed or printed) FTG -3197 -4- (This area for official notarial seal) M72OPAGE0385 x et- Totum I Ave. I I i, I I i i 10 3 8 9 / 2 3 n D _ D 3 8 9 / 2 4 I I I I I m no °p I I � 4 0 7/ 2 5 o f 0 Y G 1 9 3/ 1 161 11 A r o 1 1 1 V1+b I 2 1 2/ 4 6 11 8 i I i 1 9 5/ !I is C .� e. 0 EL Y 7 5/ 11 3 a jr C e a W U rl Ct. C ❑C ei eiD r a ifTTiT7 20/17 �- I a p L =-�� i� I19OUSTRIAL VICINITY SITE MAP 8510 Kern Avenue APN 790 -42 -045 M720PAGE0386 CITY OF GILROY No. 93 -11 DEVELOPMENT COST SCHEDULE --- ---- - - - - -- ESTIMATE Date 12- Mar -93 Prepared by M. Fachin NOTE: This 100 % cost schedule has been adjusted to the rates in effect at the time Building Permits were issued. Location of Property 8510 Kern Ave. ----------------------------------------------------- Assessor's Parcel No. 790 -42 -045 ----------------------------------------------------- Name of Applicant Gary Walton ----------------------------------------------------- Mailing Address P.O. Box 1265, Morgan Hill, 95038 ----------------------------------------------------- Dev Type: Comm? Y/N N SF Res? Y/N N Indust? Y /NN Storm Drn X (C1,C2,C3,HC,CM,PO) NNHigh Dns? Y/N N (M1 or M2) NN Ctry Est Water? Y/N N Obata Industrial Park Credits? Y/N Ctry Est Sewer? Y/N N Northwest Quadrant Sewer Connect? Y/N No. Units 0 Number of Units or Lots Used in Estimate Total Area 0.000 Acres Actual FF 0.00 Feet Front Footage used for Commercial /Industrial: Bld (SF) 0 Number of Acres Used in Estimate Front Footage used for FF Charges Cost of Improvements and Const Water Sewer (GPD) 0 Water (GPD) Special Public Works Services Maps: Final Parcel $2,787.00 + $604.00 + $50.00 /lot $100.00 /lot iii N 0 0.000 0.00 0.00 0 100 - 2600 -3- 600400 $280.00 100% $280.00 Reapportionment (Assessment District Parcels) $1,102.00 + $100.00 /lot N $0.00 N $0.00 N $0.00 Miscellaneous Engineering Services: (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) 4 hr Misc Eng Ser @ $70.00 /hr. Y $280.00 Public Works Microfilming (Maps and Plans): 1- 6 sht $142.80 + $6.30 /sheet $0.00 7 -12 sht $182.70 + 13 -18 sht $222.60 + # of Shts 0 $6.30 /sheet $6.30 /sheet COST SCHEDULE (1) $0.00 $0.00 M72O PAGE 0387 Engring Plan Check and Inspection 100 - 2600 -3- 600412 (Based 'on total cost of public right -of -way improvements) 100% Actual Cost of Public Improvements $3,032.00 10% of first $100,000 $303.20 8% of $100,000 - $200,000 $0.00 7% of over $200,000 $0.00 Fire Hydrant Location Fee Number of additional hydrants 0 Fst Five $43.07 + $4.31 /ea additionaN $0.00 Storm Drain Development Fee Zone A $2,216.82 / ac. 420 - 2600 -3- 680200 Zone A -1 $4,418.71 / ac. Zone B $2,076.34 / ac. Zone C $3,535.99 / ac. Zone D $2,193.17 / ac. 420 - 2600 -3- 680200 421 - 2600 -3- 680200 422 - 2600 -3- 680200 423 - 2600 -3- 680200 100% 100% 100% 100% 100% Obata Industrial Park Credits (Based on reimbursements due from oversized storm facilities) Obata $1,170.00 / ac. $0.00 Storm Development Fee Credit ------ - - - - -- Zone E $1,652.28 / ac. 424 - 2600 -3- 680200 Zone F $3,051.34 / ac. Zone Q $2,774.18 / ac. Zone R $1,387.57 / ac. 425 - 2600 -3- 680200 426 - 2600 -3- 680200 427 - 2600 -3- 680200 100% 100% 100% 100% COST SCHEDULE (2) $303.20 $303.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water User Fee (Construction) $3.44 / f.f. • Bonds and Securities • Not included in TOTAL DUE TOTAL DUE CITY $583.20 -------- - - - - -- 100% $583.20 M72OPAGE8388 720 - 0433 -3- 690000 + $224.19 /a.c. 801 - 2680 -3- 680000 N $0.00 100% $0.00 * $4,548.00 (est) 100% total may not be exact due to rounding of individual fees. 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. Accepted by: Date: ��1 &f 3 COST SCHEDULE (et-5)