Wheeler Housing Corp - PDA No. 91-30G %
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D
Susanne E. Steinmetz,CityClk � 992
City, of Gilroy F-6 1
7351 Rosanna Street PROPERTY DEVELOPMENT AGREEMENT
Gilroy, CA 95020 1 11307715-5
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL
U �nr
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM No• 91 -30
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 7th day of October
19 91 , by and between the City of Gilroy, a munici�' pal corporation, herein called
owner
"Cl�ty r and WHEELER HOUSING CORPORATION
developer or subdivider, herein calleF 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:
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651 SIXTH. STREET, WVEALER SENIOR PROJECT 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 responpA.bkiities 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 discfearge those resP066i"I"'es.
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 and 76 City of
Gilroy (including but not limited to Chapters 12A, 19, 20, 2
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 and Substitutions t
Substitutionsthereof, as
referred to Codes,
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, AEC FEE
Ordinances and other Regulations. RMF
f�IICRO
b. To grant to the City without charge, free and clear of RTCF
encumbrances, any and all stipulated easements and rights of way
in and to his said real necessary for
City in
saidrder 'S
that its water, electricty,
real property may be extended. F
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. �.
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d, To construct and improve all public works facilities and other
improvements as set out herein, .jccj)rdinV to the standards
heretofore established, and according to the grades, plans and
specifications thereof, all as approved by the City Engineer, and
shall Curnish two (2) good and sufficient bonds. One shall. be
75,655.00 and
executed in the facie amount of no less than $�_
the other shall be executed in an amount no less than Of the
above mentioned bond and shall secure payment to the contractor,
his subcontractors and to persons rerrtirtk•, 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 hereinahove 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.
S EC_T_l ON 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 clue 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 oC the real property described in Exhibit A. All
the terms, covenants and conditions herein imposed shall be binding upon and i.nur.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 separatr,ly
to each parcel and the Developer of each parcel shall succeed to the obligations
imposed on Developer by this agreement.
f RECORDER'S MEMO
FAINT WRm , Typi i. CA sw
-2- COPIES OR UOY P,° I NAi /. pWINTEA6
MAKE POOR PHOTOGRAPHIC RECORD
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SECTION 8
The Developer will pay for a daily sewer and water allocation. The allocation
limits are as follows:
Sewer capacity not to exceed: A; gal per day.
Peak water use not to exceed: R 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 PubliceWorkspulations shall be
the completed subject to approval
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 vehicular traffic along public roads so
minimum
that the work
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
SECTION 10
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
-3-
$ 85,654.49
�i31E�`;? ®�
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
A EST: I� _
City Clerk
VRMAP ROVE D:
Attorney
BY
BY
'. .!�TA
NOTE: If Developer nd corporation name and e
corporation
corporation a P
shall appear above.
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On FEBRUARY 27, 1--g-92 before me,
personally appeared MARIE W. JUNCKER--- - - - - --
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(M) whose name(N) is /ate subscribed to the within instrument
and acknowledged to me that M/she /`iy executed the same in h= /her /X•
authorized capacity(l "), and that by hda/her /thy signature(s) on the
,instrument the person(t), or the entity upon behalf of which the persons)
acted, executed the instrument. OFFICIAL SEAL
C
(RYSTAE RAFFERTY
WITNESS my h d and off ici 1 seal. i ® NOTARY PUBLIC - CALIFORNIA
r • " SANTA CLARA COUNTY
CA441FOBN My Comm. Expires Aug. 23,199?
Signature
CRYSTAL RAFFERTY
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On 2/26/92 before me, CRYSTAL RAFFERTY
personally appeared T_ AT.I.FN 'HAYFS,
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 capacity(ies), and that by his /her /their signature(s) on the
.instrument the person(s), or the entity upon behalf of which the person(s)
,acted, executed the instrument.
OFFICIAL SEAL
WITNESS my h d and official seal. (RYSTA! RAFFERTY
S NOTARY PUBLIC - CALIFORNIA
Signature SANTA CLARA COUNTY
,coa+ My Comm. Expires Aug. 23. 1993
GR STAj, RAFF RT
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Location of Property_
Assessor's Parcel No.
Name of Applicant
Address
Type of Development P
Area 3.57 acres
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
i1 13 1 P"" cT ! 7 0 8
No. 91 -30
Date 5/29/91
Initialed Mr
650 Fifth Street, Gilroy
799- 018 -001
South County Housing
650 Fifth Street, Gilroy, CA 95020
roposed Senior Housing Storm Drain Area 00
_Street Frontage 1660,
Special Public Works Services
Engineering Map Check for 1 lot
Final Maps $1,960.00 + $261.00 /lot
Parcel Maps $416.25 + $202.00 /lot
100 - 2600 -3- 600400 $ 1,166.10
Miscellaneous Engineering Services $ 1,003.40
20 hours z $50.17 /hr
Public Works Microfilming (Maps and Plans) $ 162.70
1 - 6 sheets $129.64 + $5.51 /sheet
7 -12 sheets $165.66 + $5.51 /sheet
13 -18 sheets $201.68 + $5.51 /sheet
6 number of sheets
Engineering Plan Check and Inspection 100 - 2600 -3- 600412 $ 7,565.50
Cost of Public Improvements $ 75,655.00
10% of first $100,000 = 7,565.50
8% of $100,000- $200,000 =
7% of over $200,000 =
Fire Hydrant Location Fee $ N/A
$38.33 for the first 5 hydrants
+$ 3.84 for each additional hydrant
Storm Development Fee
Area
"A"
$2,120.18 /Acre
Area
"B"
$1,985.97/Acre
Area
"C"
$3,382.08/Acre
Area
"D"
$2,097.71 /Acre
Area
"E"
$1,580.36 /Acre
Area
"F"
$2,918.53/Acre
Area
"Q"
$2,653.43/Acre
Area
"R"
$1,327.17/Acre
& Conduit
Acres @$
/Acre
Front Foot water inch diameter
3 E Per 1 7 ®7
420 - 2600 -3- 680200 $
421- 2600 -3- 680200 $
422- 2600 -3- 680200 $
423 - 2600 -3- 680200 $
424- 2600 -3- 680200 $
425 - 2600 -3- 680200 $
426 - 2600 -3- 680200 $
427 - 2600 -3- 680200 $
430 - 2600 -3- 680400 $ N/A
or 801 - 2680 -3- 680000 $
FF @$ FF
Fire Hydrant
Resident FF @ $ 2.98/FF = $
Comm & ind. FF @ $ 3.98/FF = $
Front Foot Sewer - inch diameter 430 - 2600 -3- 680500 $ N/A
or 801 - 2680 -3- 680000 $
FF @$ FF
Front Foot Street improvements
430 - 2600 -3- 680600 $ N/A
or 801 - 2680 -3- 680000 $
Pavement
SF @
$
/SF
= $
Curb & gutter
FF @
$13.00 /FF
= $
Sidewalk
SF @
$
4.01 /SF
= $
Gal./wood Pole
Electrolier
& Conduit
FF @
$
9.03 /FF
= $
Front Foot Storm Drain -
inch
diameter
430 - 2600 -3- 680700 $ N/A
or 801 - 2680 -3- 680000 $
FF @$
FF
H {{ -1110
utility Underground Fees 431- 2600 -3- 680300 $74,900.00
700 LF @ $107.00 /LF (Single Frontage)
(240 + 45 + 240 + 175 = 700)
Santa Teresa Improvements 433- 2600 -3- 681000 $ N/A
Units @ $1,540.65 /Dwelling unit
Sewer Development Fee 435- 2600 -3- 671000 $ N/A
units @ $1,308.00 /Unit (Res)
Gals. @ $547.00/100 GPD (Comm /Ind)
or $1,308.00 whichever is greater
Water Development Fee 436- 2600 -3- 695000 $ N/A
units @ $1,075.00 /Unit (Res)
Gals. @ $1,123.00/1000 GPD peak (Comm /Ind)
Water User Fee (Construction Water) 720 - 0433 -3- 690000 $ 2.022.89
1660 FF @ $1.07 /FF + 3.57 Acres @ $69.10 /Acre
Public Works Cash Bonds and Deposits 801- 2680 -3- 680000 $113.482.50
Other $
Other $
TOTAL DUE CITY $ 85,654.49
BALANCE DUE
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.
Accepted by:
Date:
.. F .
P-109
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EiLEM. '
SCHOOL
VICINITY SITE MAP
Exhibit A, No. 91-30
Wheeler Senior Center
APN 799-018-001
lily
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