Zertuche, Ralph - PDA No. 93-47Cft 12305036
Susanne E. Steinmetz, City Cle i1itLi-1
cc
9 -xJ;T f3 o
City of Gilroy U. i� � `
7351 Rosanna Street ` IL - C
Gilroy, CA 95020 �- " ����' CC -4 �� � �111 ! _rnJPERTY DEVELOPMENT AGREEMENT JAN It �, i '0 "N �
�'�TED RESIDENTIAL�({��,�'���t�_+ .�.
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:('''
P!'f tr
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM 93 -47
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. :7
This agreement made and entered into this 3rd day of JanUa�rY Q
19 94, by and between the City of Gilroy, a municipal corporation, herein called the
"City" and Ralph Zertuche , 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:
7600 Rosanna Street, A.P.N. 799 -04 -044 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, 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.
-1-
242PAGE 16 11
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 $ 1n,7tin nn , 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-
N242 PAGE 1612
SECTION B
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 "pproval 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 9
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY $
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATT : J
City Clerk
Susanne Steinmetz
7FRMJPRTI&�)�:
City Attorney
Linda A. Callon
BY
Ralph Zertu e
BY 4
DATE
--T
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.
-3-
CALIFORNIA ALL- PURPACF eir_Irwnwm ler%w_..r..�
State of California
County of Santa Clara
On 12/6/93
DATE
before me, Patricia K. Bentson, Notary Public
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
242 PAGE 1613
personally appeared Ralph Zertuche
NAME(S) OF SIGNER(S)
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 ac-
knowledged to me that he /she /they executed
ONTICIAL SEAL the same in his /her /their authorized
Patricia K. Bentson capacity(ies), and that by his /her /their
�TARV PU81 fC CALIFORNIA signature(s) on the instrument the person(s),
SAWACLARACOUNTY or the entity upon behalf of which the
Mr Comm. Expires June 9, 1995 person(s) acted, executed the instrument.
No. 51!
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
0 CORPORATE OFFICER(S)
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
ESS my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES)
a
SIGNATURE OF N AR
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT roperty Development Agreement
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
NUMBER OF PAGES 3 DATE OF DOCUMENT 12/6/93
SIGNER(S) OTHER THAN NAMED ABOVE Various Ci
(71999 NATIrIAIAI rninTAO noc+i.'.,.r,.
officials
" � - , " - Qv nanunei rwe., V.U. tiox 7184 • Canoga Park, CA 91309 -7184
N242PAGE 1614
1
�111111�
VICINITY SITE PLAN
7600 Rosanna Street
APN 799 -04 -044
`-y j 2
Lil*iLi
Ll
IN
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
Location of Property '7 ( -C>C) tX-Sht J MA T12.6G 1
Assessor's Parcel No.
Name of Applicant
Address -7 53o
Type of Development P
Area 0.11g
N242PAGE 1615
No. 1 2;�-+-7
Date a I (a j9-3
Initialed M F_
999 - 04 ---0+4
roposed Storm Drain Area
_Street Frontage I �-, (7,
Special Public works Services
Engineering Map Check for lots
Final Maps $2,787.00 + $ 50.00 /lot
Parcel Maps $604.00 + $100.00 /lot
Miscellaneous Engineering Services
2 hours x $70.00 /hr
Public works Microfilming (Maps and Plans)
1 - 6 sheets $142.80 + $6.30 /sheet
7 -12 sheets $182.70 + $6.30 /sheet
13 -18 sheets $222.60 + $6.30 /sheet
number of sheets
Engineering Plan Check and Inspection
Cost of Public Improvements
pv
100 - 2600 -3- 600400 $ 11c)
s VJI �
$ Iiw
$ u c-
100 - 2600 -3- 600412
s 10-71601 `h='
10% of first $100,000 = �� UZ
8% of $100,000 - $200,000 =
7% of over $200,000 =
Fire Hydrant Location Fee $ U1 C_
$43.07 for the first 5 hydrants
+$ 4.31 for each additional hydrant
242PAGE 1616
Storm Development Fee
Area "All
$2,216.82/Acre
420 - 2600 -3- 680200
$
Zone "A -111
$4,418.71 /Acre
420 - 2600 -3- 680200
$
Area ^S°
$2,076.34/Acre
421 - 2600 -3- 680200
$
Area IIC..
$3,535.99/Acre
422 - 2600 -3- 680200
$
Area I'D"
$2,193.17 /Acre
423 - 2600 -3- 680200
$
Area "Ell
$1,652.28/Acre
424 - 2600 -3- 680200
$
Area 'IF"
$3,051.34 /Acre
425 - 2600 -3- 680200
$
Area "Q^
$2,774.18/Acre
426- 2600 -3- 680200
$
V
%J1C-,
Area "R"
$1,387.57/Acre
427 - 2600 -3- 680200
$
Acres @$
/Acre
Front Foot water
inch diameter
430 - 2600 -3- 680400
$
OIC'
or 801 - 2680 -3- 680000
$
FF @$
FF
Fire Hydrant
Half Price
Resident
FF @ $ 3.12 /FF = $
Comm & Ind.
FF @ $ 4.16 /FF = $
Front Foot Sewer -
inch diameter
430 - 2600 -3- 680500
$
or 801 - 2680 -3- 680000
$
FF @$
FF
Front Foot Street improvements
430 - 2600 -3- 680600
$
or 801 - 2680 -3- 680000
$
Pavement
SF @ $_/SF
= $
Curb & gutter
FF @ $13.60 /FF
= $
Sidewalk
SF @ $ 4.19 /SF
= $
Gal. /wood Pole
Electrolier
& Conduit
FF @ $ 9.44/FF
= $
Front Foot Storm Drain
- inch diameter 430 - 2600 -3- 680700
$
or 801 - 2680 -3- 680000
$
FF @$
FF
N242PAGE 1617
Utility Underground Fees 431 - 2600 -3- 680300 $ ut C.
LF @ $111.87 /LF
or $2000 per SFR
Citywide Traffic Impact Fees 433 - 2600 -3- 681000 $ JJ L
Residential - Single Family $2,727.00/per unit
High Density $2,209.00 /per unit
Commercial - High Traffic $6.083 /square foot
Low Traffic $3.0 /square foot
Industrial - General $1.175 /square foot
Warehouse $0.866 /square foot
Sewer Development Fee 435 - 2600 -3- 671000 $
I Units @ $2186 /Unit (Res)
Gals. @ $ 825 /100 GPD (Comm /ind)
or $ whichever is greater
Water Development Fee 436 - 2600 -3- 695000 $ �7� C-
! Units @ $1,075.00 /Unit (Res)
Gals. @ $1,123.00/1000 GPD peak (Comm /Ind)
Water User Fee (Construction Water) 720 - 0433 -3- 690000 $ SO g °?'e)
14(:) FF @ $3.44/FF + �I� Acres @ $224.19 /acre
ao
Public Works Cash Bonds and Deposits 801 - 2680 -3- 680000 $ 1(,14 d
Other $
Other $
TOTAL DUE CITY $
l
BALANCE DUE
NOTE: All deferred and /or estimated fees will be adjusted to the rates in
effect at the time Building Permits are issued. �1
* Not included in total.
Accepted by:(/;
s�s
Date:
Revised 1993