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Bertelone, Mike - PDA No. 86-43Susanne E. Steinmetz,City Clerk Cityy of Gilroy 7351 Rosanna 5t. ji Gilroy, CA 95020 PROPERTY NO FEE per GC Sec 6013 cam - J 873PAGE12S3 DEVELOPMENT AGREEMENT RESIDENTIAL 89'73450 FILED M'-11 400RD AT REQJEST 9F G f4 Cui 7 AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTra$JT.,, C;. ,,'�, COUNTY IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM L..AU'3C:: J8 �3PAGE1284 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 $ 15,00 0.00 , and the other shall be executed in an amount no less than 500% 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 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 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- s s J S f 3PA6E1285 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 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. I SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY $ 18,408.00 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. t-- ATTE r City.C,lerk- BY BY 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. -3- t W C W I W J L a CAT. NO. NNO0627 TO 1944 CA (9 -84) (Individual) STATE IF NIA COUN OF �n On °S said State, asonally appeared Jf TICOR TITLE INSURANCE } SS. JS' 3PAGEI28G before n$ the yndgrsigned, a Notary Public in and for , personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name _L--164 subscri to the within instrument and acknowledged that e cuted the same. WITNESS y hand an ,elfficial seal. Signature JANET K. WALLACE NOTARY PUB iC- CAifFC,2NIA Cv4lmlWWfi Ex *n APO 4.. 1.989 (This area for official notarial seal) CITY OF GILROY I 8 r 3PA6 E1281 No. 86 -43 DEVELOPMENT COS: SCHEDULE Date 7-17-86 Initialed NSA /JBL Location of Property Eighth Street approximately 338 feet east of Chestnut Street. Assessor's Parcel # 841 -11 -042 Name of Applicant MIKE BERTALONE Address 160 W. Tenth Street, Gilroy, CA 95020 Type of Development Proposed 8 unit apartment Area 0.52 acres Storm Drain Area "D" Street Frontage 158.65 feet on Old Gilroy, 137.50 feet on Eighth St. Special Public Works Services Engineering Map Check Subdivisions $190.00 + $3.00 /lot Parcel Splits $83.00 + $3.00 /lot number of lots Miscellaneous Engineering Service 4 hours x $32.55/hr Public Works Microfilming (Maps and Plans) 1 sheets x $5.00 /sheet Wood Pole Mounted Electrolier 158. 65FF @ $5.25/FF Engineering Plan Check and Inspection 5% of the Cost of Public Improvements 5% x $ 15,000.00 Storm Development Fee Area "A" $1,868.00 /Acre Area "A -1" $3,716.00 /Acre Area "B`' $1,654.00 /Acre Area "C" $2,798.00 /Acre Area "D" $1,788.00 /Acre Area "E" $1,364.00 /Acre• Area "F" $2,424.00 /Acre Area "Q" $2,333.00 /Acre 0.52 Acres @$1788.00 /Acre Acres @$ /Acre 01 -100- 1100 - 600400 $ q6 R_nn (Paid - 468.50) S n/a A l ')n An $ 5.00 01- 100 - 1100 - 600412 $ 750.00 (Paid - 375.00) 02- 220 - 1300 - 720200 $ 02- 220 -1300- 720201 $ 02- 221 -1300- 720200 $ 02- 222 - 1300 - 720200 $ 02- 223 -1300- 720200 $ 930.00 (Paid 02- 224 - 1300 - 720200 $ x(65.00 02- 225 - 1300 - 720200 $ 02- 226 - 1300 - 720200 $ ,J 873ME.1288 Front Foot Charges Water 02- 230 - 1300 - 720400 $ 2,35 7.00 2(8 ") 137.50 FF @$ 8.66 / FF = $1,191.00 (Paid - 1,178.50) 2 (6" ) 158.65 FF @$ 7.35 /FF = $1,166.00 $2,357.00 Sewer 02- 230 - 1300 - 720500 $ 1,636.00 (Paid - 818.00) 2 (10" ) 158. 65 FF @$ 10. 31 /FF Street Improvements 02- 230 - 1300 - 720600 $ 12,292.00 8th 2,475 SF @$1.51 /SF = $ 3,737.00 (paid 6,146.00) Pavement O.G. 3,649 SF @ $1.93 /SF = $ 7,042.00 Curb & Gutter FF @ $11.41 /FF = $ By Developer Sidewalk SF @ $ 3.27/SF = $ By Developer Gal. Pole Electrolier & Conduit 137.50 FF @ $ 5.25/FF = $ 722.00 Fire Hydrant Resident 296.15 FF @ $ 2.67/FF = $ 791.00 Comm & Ind. FF @ $ 2.99/FF = $ n/a Storm Drain 02- 230 - 1300 - 720700 $ 2,2 10.00 (Paid - 1,105.00) 2 (24" ) 137. 50 FF @$ 16.07 /FF Sewer Development Fee 8 units @$627.00 /unit Water Development Fee 8 Units @ $880.88 /Unit Gals. @ $918.17/1000 GPD peak 07- 705 - 1300 - 720100 $ 5,016.00 (Paid - 2,508.00) 07- 725 -1300- 720300 $ 7,047.00 (Paid - 1,836.50) Construction Water 07- 720 - 1900 - 800100 $ 174.00 296.15 FF @ $0.55/FF + 0 , 52 Acres @ $21.00 /Acre (Paid - 87.00) Fire Hydrant Location Fee 07- 720 - 1900 - 800300 $ 31.00 (Paid - 15.50) $31.00 for the first 5 hydrants +$ 3.00 for each additional hydrant Public Works Cash Bonds and Deposits 08- 800 - 1100 - 600400 $ 22,500.00** Other $ TOTAL DUE CITY $ 33,4 11.00 PAID - 15,003.00 BALANCE DUE $ 18,408.00 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 jam.. Date: -2-