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Filice/Schaal - PDA No. 93-45Susanne -E. Steinmetz, City Clerk C. .City ' of Gilroy N2 0 2 PAGE 08,95 12 2 71 4 41 7,351 Rosanna Street Gilroy,' CA 95020, z n , VQ PROPERTY DEVELOPMENT AGREEMENT TED � ` RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 93 -45 This agreement made and entered into this 6th day of December 19 9_, by and between the City of Gilroy, a municipal corporation, herein called the "City" and John Filice and Theodore Otto Schaal 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: Tract No. 8627, A.P.N. 783 -21- 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 12271441 the Developer or any contractor or subcontractor of the Developer, or any employee thereof, shall do in grading or working upon said real estate. - V) r RTOF D 5 17713 n ry 0 Z Ywa O .o 202PAGE0856 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 $ 641,910.O0and 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- N2 Q 2 PAGE0851 SECTION 8 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 $ 433,345.83 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. a ATTEST`.-,'.;.,."1 Cl'ty Clerlc h., Susanne A.,.Steinmetz FORM pT6y Attorney ) `Linda A. Callon CI F GILROY �- mayor Donald F. -G-acle' C ty Administrator y Baksa DE LOPER BY BY Z- 'Theodore Otto Schaal 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- N12 0 ?PAGE 0858 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State ofr1. County of�, On / % ! before me, - f DATE /I NAE bb O FICER - E. . JANE DOE, NOTA UBLIC' personally appeared NAME(b) Uh 516NLH(5) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s }whose name(s) is/am subscribed to the within instrument and ac- knowledged to me that he /ehe4hey-executed the same in his / a authorized capacity(ies), and that by his /her /their signature(5) on the instrument the person(s,), or the entity upon behalf of which the OFFICIAL SEAI, person(s) acted, executed the instrument. LOIS L. LEWIS 1 C) NOTARY PUBLIC • CALIFORNIA SANTA CLARA COUNTY FoR�` My Comm. Expires Aug. 8, 1995 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. SIGNATURE OF NOtARY OPTIONAL SECTI TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES No. 5193 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 ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ® OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE (D1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 (Single Form) Effective 1/ 1/91 STATE OF CALIFORNIA COUNTY OF I SANTA CRUZ SS. On NOVEMBER 22, 1993 before me, the undersigned, a Notary Public in and for said State, personally appeared TNEODC)RF OTTO S(.TIAAT 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 pers cted, executed the instrument. WITNESS my I d nf] o + aI se OFFICIAL SEAL ll SHELLEY SUE DO iAHUE Notary Public- tCaiiEomi3 Signatu 4� � SANTA CRUZ COUNTY Name SHELLEY SUE ONAHUE My Carom. Exp. April 30, 1994 It (typed or printed) FTG -3197 (This area for official notarial seal) N202PAGE0859 � 3 s O .+ L \ Q) I u 2 5 Y) 5 ° a cc i W r e Dr n t. 09/49 Z W C t I I C O � O "� Df• i C); puslbyl v v c 0 0 laai r m Wb Are. EXHIBIT A DEVELOPMENT AGREEMENT 93 -45 Tract No. 8627 CITY OF GILROY DEVELOPMENT COST SCHE; ESTIMATE NOTE: This 100 8 cost schedule has effect at the time Building Permits 2 02PAGE0860 No. 93 -45 DULE ------ - - - - -- Date 19- Nov -93 Prepared by Mark Fachin been adjusted to the rates in were issued. Location of Property Calle -Del -Rey, Tract No. 8627 ----------------------------------------------------- Assessor's Parcel No. A.P.N. 783- 21 -14, 29, 35 and 36 ----------------------------------------------------- Name of Applicant John Filice and Theodore Otto Schaal ----------------------------------------------------- Mailing Address 7888 Wren Avenue, Gilroy ----------------------------------------------------- Dev Type: Comm? Y/N N SF Res? Y/N Y Indust? Y /NN Storm Drn B (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 N -- ------ - - - - -- Ctry Est Sewer? Y/N N Northwest Quadrant Sewer Connect? Y/N Y No. Units 47 Number of Units or Lots Used in Estimate 47 Total Area 10.083 Acres Number of Acres Used in Estimate 10.083 Actual FF 0.00 Feet Front Footage used for FF Charges 0.00 Front Footage used for Cost of Improvements and Const Water 0.00 Commercial /Industrial: ---------- == Bld (SF) 0 Sewer (GPD) 0 Water (GPD) 0 Special Public Works Services 100 - 2600 -3- 600400 'o° (Includes Administration Fee(s) for Reimbursements) pd. $ -- Maps: 100% $' x,083 -30 Du e $ (�, Ge 3.30 Final $2,787.00 + Parcel $604.00 + $SU.UU /lot $100.00 /lot Reapportionment (Assessment District Parcels) $1,102.00 + $100.00 /lot Miscellaneous Engineering (Cost Schedules, Agreemen 8 hr Misc Eng Ser @ Public Works Microfilming 1- 6 sht $142.80 + 7 -12 sht $182.70 + 13 -18 sht $222.60 + # of Shts 5 COST SCHEDULE Y $5,13T.U0 N $0.00 N $0.00 Services: ts, R/W Reviews and Other Misc. Services) $70.00 /hr. Y $560.00 (Maps and Plans): $6.30 /sheet $174.30 $6.30 /sheet $6.30 /sheet (1) $0.00 $0.00 Engring Plan Check and Inspection (Based on total cost of public right -of -way improvements) Actual Cost of Public Improvements 10% of first $100,000 8% of $100,000 - $200,000 7% of over $200,000 Fire Hydrant Location Fee 2 O 2 PAGE 0861 100 - 2600 -3- 600412 sd7°P4 2171 1 _�?- 100% $48,976.77 $641,910.00 $10,000.00 $8,000.00 $30,933.70 Number of additional hydrants 0 Fst Five $43.07 + $4.31 /ea additionaY $43.07 Storm Drain Development Fee Zone A $2,216.82 / ac. 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 $0.00 100% $0.00 420- 2600 -3- 680200 $0.00 100% $0.00 421 - 2600 -3- 680200 Scq $ 9, 539, 40 100% $20,935.74 pue $ 1 �, 39e • "34 422 - 2600 -3- 680200 $0.00 100% $0.00 423 - 2600 -3- 680200 $0.00 100% $0.00 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) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 N202PAGE0862 Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) Are these charges or reimbursements? C/R R Water 430 - 2600 -3- 680400 S�a{rl. 0.00 or 801- 2680 -3- 680000 ------ - - - - -- Water Mains, including valves and box: 100% $7,643.83 (Developer is responsible for up to X43 �3 and including 12" mains) ' Half Pipe 6 " Main $8.50 / f.f. x 8 " Main $11.32 / f.f. x 10 " Main $13.02 / f.f. x 12 " Main $17.55 / f.f. x Fire Hydrants: Half Price Resident $3.12 / f.f. x Comm /Ind $4.16 / f.f. x Country Estates Water System Resident (Not Included) Sewer Front Footage N 0 $0.00 ---------- - -- ------ - - - - -- Y 675 = $7,643.83 ------- - - - - -- ------ - - - - -- N 0 = $0.00 =------ - - - - -- ------ - - - - -- N 0 = $0.00 =------ - - - - -- ------ - - - - -- Front Footage N 0 = $0.00 =------ - - - - -- ------ - - - - -- N 0 = $0.00 =------ - - - - -- ------ - - - - -- Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) $0.00 430 - 2600 -3- 680500 S% d Cc- or 801 - 2680 -3- 680000 P -? �-- - -- 100% 31, 2Z3 ..-rz Du;e to, 04-2, 7Z Country Estates Sewer Trunk Main Resident or Commercial /Industrial $0.00 (Not Included) ------ - - - - -- COST SCHEDULE (3) Half Pipe Front Footage 6 " ---- - - - - -- Main $11.05 / f.f. x ------- N =------ - - - - -- 0 = $0.00 8 " Main $12.46 / f.f. x N - - - - -- 0 = ------ - - - - -- $0.00 10 " Main $13.60 / f.f. x =------ N - - - - -- 0 = ------ - - - - -- $0.00 12 " Main $14.72 / f.f. x =------ Y - - - - -- 682 = ------ - - - - -- $10,042.72 Northwest Quadrant Sewer Trunk =------ Main - - - - -- ------ - - - - -- (See Attached Worksheet) ------ - - - - -- Country Estates Sewer Trunk Main Resident or Commercial /Industrial $0.00 (Not Included) ------ - - - - -- COST SCHEDULE (3) Walk Width4.5 Feet Square Footage Sidewalk 4" on 4" N $4.19 x 0 = $0.00 and driveway =___ ------ - -- - -- 6" on 6" Front Footage Curb /Gutter on 6" N $13.60 x 0 = $0.00 Electroliers: Half Price Front Footage ---- - - - - -- ------- - - - - -- Conduit & Steel /Wood Pole $9.44 / f.f. x N 0 $0.00 ------- - - - - -- ------ - - - - -- Storm Drain 430 - 2600 -3- 680700 5ekfo_ $ O.bC or 801 - 2680 -3- 680000 ------ - - - - -- 100% $14,114.98 Storm Drain Mains, including manholes and catch basins: pue $14,114,98 (Developer is responsible for size required for all mains not shown on the Master Plan) Half Pipe Front ------- 202PAGE0863 18 Street Improvements - - - - -- $19.26 / f.f. 430 - 2600 -3- 680600 N 0 = $0.00 21 " Main $20.10 or 801 - 2680 -3- 680000 ------ - - - - -- Width 12 Ft Length " 675.25 Ft / 100% $22,931.49 --.- - -- - seas. _----. _ .. - _ .. _.- e= = :=sae assess . --. -. _-- .. - .__ -. _- d ue $ Pavement $22.08 / f.f. Y /N? =------ N =------ Square ------- Footage - - - - -- 30 " 3" AC on 8" AB N $2.29 x 0 = $0.00 " Main $27.47 / f.f. =_ == N 0 = - - - -- $0.00 ------ - - - - -- " 3" AC on 10" AB N $2.56 x 0 = $0.00 " Main $43.04 / f.f. e= =------ N - - - - -- 0 = ------ - - - - -- $0.00 ------ - - - - -- " 3" AC on 12" AB Y $2.83 x 8,103 = $22,931.49 " 3" AC on 15" AB N $3.24 x 0 = $0.00 Walk Width4.5 Feet Square Footage Sidewalk 4" on 4" N $4.19 x 0 = $0.00 and driveway =___ ------ - -- - -- 6" on 6" Front Footage Curb /Gutter on 6" N $13.60 x 0 = $0.00 Electroliers: Half Price Front Footage ---- - - - - -- ------- - - - - -- Conduit & Steel /Wood Pole $9.44 / f.f. x N 0 $0.00 ------- - - - - -- ------ - - - - -- Storm Drain 430 - 2600 -3- 680700 5ekfo_ $ O.bC or 801 - 2680 -3- 680000 ------ - - - - -- 100% $14,114.98 Storm Drain Mains, including manholes and catch basins: pue $14,114,98 (Developer is responsible for size required for all mains not shown on the Master Plan) COST SCHEDULE (4) Half Pipe Front ------- Footage - - - - -- 18 " ---- Main - - - - -- $19.26 / f.f. x N 0 = $0.00 21 " Main $20.10 / f.f. x =------ N - - - - -- ------ 0 = - - - - - -- $0.00 24 " Main $20.39 / f.f. x =------ Y - - - -- ------ 692 = - - - - -- $14,114.98 27 " Main $22.08 / f.f. x =------ N =------ - - - - -- ------ 0 = - - - - - - - -- $0.00 30 " Main $23.22 / f.f. x N =------ - -- 0 = - - - - -- ------ - - - - -- $0.00 ------ - 33 " Main $27.47 / f.f. x N 0 = - - - -- $0.00 36 " Main $31.71 / f.f. x =------ N - - - - -- 0 = ------ - - - - -- $0.00 42 " Main $43.04 / f.f. x =------ N - - - - -- 0 = ------ - - - - -- $0.00 48 " Main $47.01 / f.f. x =------ N =------ - - - - -- 0 = - - - - ------ - - - - -- $0.00 54 " Main $57.19 / f.f. x N =------ -- 0 = - - - - -- ------ - - - - -- $0.00 ------ - - - - -- COST SCHEDULE (4) 60 " Main. $65.69 / f-f. x 72 Main $139.29 / f-f. x 84 Main $151.19 / f-f. x 96 " Main $159.68 / f-f. x Utility Underground Fee N2 0 2 PAGE 0864 N 0 = $0.00 ------- - - - - -- ------ - - - - -- N 0 = $0.00 -- — -------------------------- N 0 = $0.00 =------ - - - - -- ------ - - - - -- N 0 = $0.00 =------ - - - - -- ------ - - - - -- 431- 2600 -3- 680300 $0.00 Mobile Home Park $1,897.00 /space N $0.00 Commercial /Industrial /Motels/ = --- ------- -- Hotels $825.00 / 100 gals. /day or N $0.00 $2,186.00 , whichever is greater =------ - - - - -- Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata $531.00 / ac. $0.00 Sewer Development Fee Credit - --- -- - - - --- Water Development Fee Resident $1,075.00 / unit Comm /Ind $1,123.00 / 1000 gals 436 - 2600 -3- 695000 S�,,kp„G - - -- = - - - - -- 100% $50,525.00 $50,525.00 p��25,2c�Z•.Sc $0.00 Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata $154.00 / ac. $0.00 Water Development Fee Credit -- ---- ------ COST SCHEDULE (5) Front Footage 100% $0.00 $111.87 / f-f. x N 0 Traffic Impact Fee 433- 2600 -3- 681000 mil, 7 �9 -3-=� Santa Teresa Blvd Imp. $0.00 (Eff to 1/31/93)- -- -------------- 100% $128,169.00 Single Fam Residential $2,727.00 /d.u. $128,169.0ft,e *91,j (.77, 3j High Dnsty Residential $2,209.00 /d.u. $0.00 (Eff 2/1/93) Commercial Retail ------- - - - - - (Zones C1,C2,C3,HC,CM) $5,907.00 /1000 s.f. $0.00 ( Eff 2/1/93 ) Commercial Office ------ - - - - -- (PO Zone only) $2,225.00 /1000 s.f. $0.00 (Eff 2/1/93) Industrial /Warehouse ------- - ---- (M1,M2 Zones) $1,063.00 /1000 s.f. $0.00 ( Eff 2/1/93 ) Sewer Development Fee 435 - 2600 -3- 671000 °�o $ 3o - -732,c c 100% $102,742.00 Due 72, COe4 ,00 Resident $2,186.00 / unit Y$102,742.00 Duplex $3,300.00 N $0.00 Triplex $4,950.00 N $0.00 Aptments (4 or more) $1,650.00 /unit N $0.00 Mobile Home Park $1,897.00 /space N $0.00 Commercial /Industrial /Motels/ = --- ------- -- Hotels $825.00 / 100 gals. /day or N $0.00 $2,186.00 , whichever is greater =------ - - - - -- Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata $531.00 / ac. $0.00 Sewer Development Fee Credit - --- -- - - - --- Water Development Fee Resident $1,075.00 / unit Comm /Ind $1,123.00 / 1000 gals 436 - 2600 -3- 695000 S�,,kp„G - - -- = - - - - -- 100% $50,525.00 $50,525.00 p��25,2c�Z•.Sc $0.00 Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata $154.00 / ac. $0.00 Water Development Fee Credit -- ---- ------ COST SCHEDULE (5) Water User Fee (Construction) $3.44 / f.f. N202PAGE0865 720 - 0433 -3- 690000 N $0.00 100% $0.00 + - $224.19 /a.c. - - -- * Bonds and Securities 801 - 2680 -3- 680000 *$962,865.00 * Not included in TOTAL DUE ------ - - - - -- (est) TOTAL DUE CITY 507.,V 1 14-3 834 .'Z1 l00% -$433, 345.83 2 -89151 I . �-Z- 100% total may not be exact due to rounding of individual fees and the addition of 100% of the Northwest Quadrant Fee. 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:-,- L--r Date: �� Z-- - 1? COST SCHEDULE (6)