Mattos, O'Dell et al - PDA No. 85-63Susar..ne E. Steinmetz,City Clerk
Cit} of Gilroy
%351 r :osanna St.
Gilroy, CA 95020 TA 01
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NO FEE per GC Sec.6103
868314'7 D FOR
rr :OPERTY DE�'F.LO:' ":ENT AGREE *'E: T
F.ESIDENTIAL
FIBRD
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DRAINS AND OTHEP. PUBLIC [,'OPTS FACILITIES No. 85 -63
J 5J8 PAGE 13G.9
This agreement made and entered into this 3rd day of February _
i9 86 , by and between the City of Gilroy, a municipal corporation, herein cared the
"City" and MATTOS, O'DELL, et al. a real property owner
developer or subdivider, herein called the Developer .
WHEREAS, a final map of subdi•;isier., record of survey or building permit (Site
Clearance) application has now b.-!.n submitted to the City for approval and
',y ItQCOf40ER
> » >,�'
AGREE " :ENT FOR EXTET SIO1 S OF i:ATEK DIST?.IBhT1ON YSTE.". :
I "TROVE "'ENT OF STREETS: INSTALLATION OF SFVERS, STORM
NINT I-11
, CHURCH AND EIGLEBERRI' IIviPROVEPIENT PROJECT anal,
WHEREAS, the Developer requires certain utilities and public works facilities
order to service the property under the minimum standards
established by the City and,
WHEREAS, the City, by and through its city Co._ncil, has enacted certain Codes,
Ordinances and Resolutions and certain Rules and Regulations have been promulgated
concerning the subject matter of this agreement anal,
WHEREAS, the City has certain. responsibilities for mainter.ar.ce 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 resper.sibilities.
NOW THEREFORE, in consideration of the premises and in order to carry on the
intent
and purpose of said Cedes, Ordinances, Resolutions and Regulations, it is agreed
by and between the parties as follows:
SF.r.TtnN ;
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 t.ne same
effect as if they were set out at length herein. Said Codes, Ordinances and
Regulztior.s 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 devele7ment
respectfully): Ordinance No. 83 -15 (Zoning Ord.): Resolution 85 -5 0982 lir.i_orm
Building Code): Riles and Regulations. Included in the ;bc••e 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 eac'-, and
every one of said Cedes,
Ordinances and ether Regulations.
b. To grant to the City without charge, free and clear of
encumbrances, any and all stiaulated easements and rights of way
in and to his said real property r.,:cessary for the City ir. order
that its water, electricty, and/or sewer lines in .r to said
real property may be c,'-:tended.
C. To indemnify L^d hold the City hrmless and free from all damage
and liability done to any utility, public facility or ether
material or installation of the City on said real estate which
the Developer or any contractor or subcontractor of the
Developer, or any emplcyec thereof, shall do in grading or working
c_pon sid real estate.
-i -
acceptance,
covering certain real estate k
known as and called: i
i
, CHURCH AND EIGLEBERRI' IIviPROVEPIENT PROJECT anal,
WHEREAS, the Developer requires certain utilities and public works facilities
order to service the property under the minimum standards
established by the City and,
WHEREAS, the City, by and through its city Co._ncil, has enacted certain Codes,
Ordinances and Resolutions and certain Rules and Regulations have been promulgated
concerning the subject matter of this agreement anal,
WHEREAS, the City has certain. responsibilities for mainter.ar.ce 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 resper.sibilities.
NOW THEREFORE, in consideration of the premises and in order to carry on the
intent
and purpose of said Cedes, Ordinances, Resolutions and Regulations, it is agreed
by and between the parties as follows:
SF.r.TtnN ;
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 t.ne same
effect as if they were set out at length herein. Said Codes, Ordinances and
Regulztior.s 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 devele7ment
respectfully): Ordinance No. 83 -15 (Zoning Ord.): Resolution 85 -5 0982 lir.i_orm
Building Code): Riles and Regulations. Included in the ;bc••e 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 eac'-, and
every one of said Cedes,
Ordinances and ether Regulations.
b. To grant to the City without charge, free and clear of
encumbrances, any and all stiaulated easements and rights of way
in and to his said real property r.,:cessary for the City ir. order
that its water, electricty, and/or sewer lines in .r to said
real property may be c,'-:tended.
C. To indemnify L^d hold the City hrmless and free from all damage
and liability done to any utility, public facility or ether
material or installation of the City on said real estate which
the Developer or any contractor or subcontractor of the
Developer, or any emplcyec thereof, shall do in grading or working
c_pon sid real estate.
-i -
J59SPAGEI370
d. To construct and improve all public works facilities and other
improvements at 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 bond One shall be
executed in the face amount of no less than $ 21, 465. 00 and
the other shall be executed in an amount no less than. 502 of the
above mentioned bond and shall secure payment to the contractor,
his subcontractors and to persons renting eauipment 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 bend 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. 8 thereof to be due under the terms and
provisions of this agreement.
SECTION 3
That all sums shown herein to be payable by the :eveloper 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 ter:-
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 a7y and all obligations hereunder and the City, at
its election, may enforce the perfcrman.ce 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 pos,essien 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.
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Location of Property
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
J598 PAGE .13"7/
No. 85 -63
Date 11 -12 -85
Initialed SD-I,
Northeast corner of Church St. and Ninth St. and
the southwest corner of Eiqleberry St. and 'Ninth St.
Assessor's Parcel #
779 -10 -024 and
799- 11 -0D2 , 053 , 054 and 055
Name of
Applicant
MATTOS , O' DELL,
et al.
Address
1505 Calabrese
Wav, Gilroy, CA 95020
Type of
Development
Proposed Duplexes
Area
0.976 acres
Storm Drain Area "Q"
Street
Frontage
290.5 feet on 9th St.; 100.00 feet on Church St.;
and 190.0 feet
on Eigleberry St.
1
P bl' W rks co,,,;���
01-100-1100-600400 $ 2,980.00
Spec u is o
Engineering Map Check
Su*_ivisions $190.00 + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
number of lots
Miscellaneous Engineering Service
2 hours x $31.00 /hr
Public works Microfilming (Maps and Plans)
3 sheets x $5.00 /sheet
Wood Pole Mounted Electrolier
580.5 FF @ $5.00 /FF
Engineering Plan Check and Inspection
5% of the Cost of Public Improvements
5% x $ 21,465. 00
Storm Development Fee
Area "A" $1,850.00 /Acre
:..ea "A-!" $3,680.00 /Acre
Area "B" $1,640.00 /Acre
Area "C" $2,770.00 /Acre
Area "D" $1,770.00 /Acre
Area "E" $1,350.00 /Acre
Area "F" $2,400.00 /Acre
Area "Q" $2,310.00 /Acre
0.976 Acres @$ 2,310.00/Acre
Acres @$ /Acre
S n/a
S 62.00
$ 15.00
Oi -100- 1100- 600412 $ 1,073.00
02- 220 -1300- 720200
02- 220 -1300- 720201
02 -221 -1300- 720200
02- 222 -1300- 720200
02- 223 -1300- 720200
02- 224 -1300- 720200
02- 225 - 1300- 72OL30
02- 226 -1300- 720200
S
$ 2,255.00
J598PAGE1373
Front Foot Char €es
Later 02 -230- 1300 - 720400 S n / a
FF @$ /FF
Sewer 02- 230 -1300- 720500 $ n/ a
FF e$
/FF
02- 230 -1300- 720600
$ By Developer
Street Improvements
Pavement
SF @ S /SF =
$
Curb & Gurter
FF @ $10.87 /FF =
S
Sidewalk
SF @ $ 3.11/SF =
S
Gal. Pole
Eiectrolier
& Conduit
FF @ $ 5.00 /FF =
$
Fire Hydrant
Resident
FF @ $ 2.54 /FF =
$
Comm & Ind.
FF @ $ 2.85/FF =
S
02- 230- 130C.- 720700
S 2 , 770. 00
Storm Drain
190.00 FF @$
14. 58 /i F
07- 705 -1300- 720100
$ w /Bldg Permit
Sewer Development Fee
6 Duplexes at $1,650.00 /Duplex
07- 725 - 1300 - 720300
S 9,780.00
Later Development Fee
12 units
@ $815.00 /Unit
Gals.
@ $850.81/1000 GPD peak
07 -720 -1900- 800100
$ 260.00
Construction Later
480.5 FF @
S0.50 /FF + 0.976 Acres
@ $20.00 /Acre
Fire Eydrant Location
-Fee.
07 -720 -1900- 800300
$ n/ a
S31.00 for the first
5 hydrants
+$ 3.00 for each
additional hydrant
Public Works Cash Bonds and Deposits
OS- 800 - 1100 - 600400
S n/
Other
$ n/a
TOTAL DUE CITY $ 19 '118.00
NOTE: (1) All deferred fees are payable at the rate in effect at time of pa}rner.t.
Accep`.ed by:
Date:
J598 PAGE 13 4
SECTION 8
That the following are the estimated amounts of costs to be borne by the respec-
tive parties hereto, and it is further ._nderstood and agreed that said amounts are
estimated only and are subject to final determination upon completion of the work.
FACILITY DEVELOPMENT COST
Engineering Map Checks
a) Subdivisions $!90.00 + $3.0(./lot S n/a
Parcel Splits $83.00 + S3.00 /lot
number of lots
b) Miscellaneous Engineering Service $ 62.00
2 hours x $31.00 /hr
c) Public Works Microfilming $ 15.00
3 sheets x $5.00 /sheet
d) Wood Pole Mounted Electrolier $ 2,903.00
580,5 FF @ $5.00 /FF
e) Engineering Plan Check and Ins DE -ctlon
5% of the Cost of Public Improvements
57 x $ 21,465.00
f) Storm Development Fees
0. 976 Acres @ $ 2 , 310. 00/Acre
Acres @ $ /Acre
g) Front Foot ,rater Fee
FF @ $ IFF
h) Front Foot Sewer Fee
FF @ $ /FF
i) Street Improvements
Includes pavement, curb & gutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for breakdown.)
j)
Front Foot
Storm
Drain Fee
190.00FF
@ $
14.58/FF
-3-
$ 1,073.00
$ 2,255.00
$ n/a
$ n/a
S By Developer
$ 2,770.00
k) Water Development Fee
12 nits @ SE15.00 /Unit
1) Construction Water
480.5 LF @ $0.50 /FF + 0.976 Acres @ :20.00 /Acre
m) Fire Hvdrant Location Fee
$31.00 for first five hydrants
+ 3.00 for each additional
hydrants
n) Sewer Development Fee
6 Duplexes at 1650 /Duplex
o) Public Works Cash Bonds and
Deposits
p) Other
TOTAL DUE CITY
J 59SPAGE1375
$ 9,780.00
$ 260.00
S
n/a
$ w /Building Permit
n/a
$ n/a
$ 19,118.00
IN WITNESS WFEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTEST :
i
City Clerk
1
i
qty Attorney
CITY OF GILROY
64, �
avor
C'ty A ministrator
�_-
BY
� � 1
BY
DATE `� „L� �7 /�l /c z�i ��_Cc•��sa�
NOTE: If Developer is a corporation, the complete legal name and &rporate seal of the
corporation and the corporate titles of the persons signing for the corporation
shall appear above. )T -,
-+-
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TO 1947 CA (1- 83)
(Attornev in Fact Individual)
STATE OF CALL "ORN
COI N '1' 01'
On `L
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me, tl}F_unq�rsigned, a Notary public in and for
It sal State, personally appealed f�(a�t/QttY� Gf/�LLLQil7�
x personally known to me or proved to me on the basis of satisfa
W Q1fi subscribed to the within ' str mpntt as
J if i/% fto
IL the Attorney _in fact of 41/ /Ve
and knowled d u that _
FA c
subscribed the name
of thereto as principal
and J own name _ as Attorney
in fact.
Wl "1'NESS my and nd official seal.
Signature
AT. NO. NNO0627
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evidence to be the person whose name
TO ,944 CA (1 -83) TICOR TITLE INSURANCE
(Individual)
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On S� e or5 me, c undersigned,�a Notary public and for
satd ate, persot�lly appeared L� `
L/ , personally known to me or
proved to me on the basis of satisfacto y evidence to be
;he person whose namr'� subs r bed to the
within instrument and acknowledged that exe-
cuted the same.
WITNESS and official seal.
Sign e
CAT. NO. NNO0631
TO 1947 CA (1- 83)
(Attornev in Fact - Individual)
J TICOR TITLE INSURANCE
STATE, OF CALIF RN1
C0UNTV 01 if ' - 0�'a'i a' ) } SS.
On 7�r efor e he undersigned, a Notary public in and for
said St personally appeared %
personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name
subscribed t the Zvi -hi tg¢�rumeppt� as
the Attorney _in fact of k L,& :s� /OJ-, ifzb
and : ckno ledg'd t � tha - subscribed the name
of /�D thereto as principal
and own name _ as Attorney
in fact.
WITNESS my hand 0rfid official seal. �
Signature
CAT. NO. NNO0631
TO 1947 CA (1 - 83)
(Attorney in Fact- Individual)
STATE. OF CALIF RN1z
COt.'N' "Y Ol / SS'
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On before me, the
said Statc, personally appeared ! n
persuna l} known to me or proved to me on the basis of satisfactor}
�3 subscribed the with instrument as
the Attorney _in fact of 1
and kn wI d to me that subscribed the name
of y �� thereto as principal
and own name _ as Attorney
in fact.
NVITNI {SS h d and official seal._
Signat
(This area for official notarial seal)
J TICOR TITLE INSURANCE
d, a Notary public in and for
evidence to be the
son whose name
(This area for official notarial sea))
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