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Gilroy Presbyterian Church - PDA No. 87-1NO FEE per GC Sec.6103 k Susanne E. Steinmetz,CityClk C*y of Gilroy .7351 Rosanna Street Gilroy, CA 95020 9561534 rKUe ERTY DEVELOPMENT AGREEMENT K 413PA�E 16 COMMERCIAL, INDUSTRIAL, INSTITUTIONAL id "" AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 87 -1 This agreement made and entered into this 21st day of December 19 87 by and between the city of Gilroy, a municipal corporation, herein cal ed the "Ci —Tr and GILROY PRESBYTERIAN CHURCH , 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: I D—,-off Mn R1 n -23 -004 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 (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 development respectfully): Ordinance No. 83 -15 (Zoning Ord.): Resolution 85 -5 (1982 Uniform Building Code): Rules and Regulations. Included in the above 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 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- K 413PAGE 17 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 $ 124,73, and the other shall be executed in an amount no less than —5OX 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 tiie 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 ill 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. SFCT i ON 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- K 413PAGE IS SECTION 8 The Developer will pay for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity not to exceed: 600 gal per day. Peak water use not to exceed: 3000 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 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. QVrTTnN In That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY NO FEE -3- /br 36,748.52 9561884 —{ nj >T'� rn -n N . 7 r ID C:) ,- -T1 N K 413PAGE 19 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEPT- ;.�. FVanne 11E..' She+ C erk By ..� Y• t Clerk FO APPROVn:' City Attorney 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. -4- CITY OF GILROY DEVELOPMENT COST SCHEDULE Location of Property Miller Avenue west of Thomas Road - Mesa Road Assessor's Parcel No. 810 -23 -004 — Name of Applicant Gilroy Presbytarian Church Address - — Type of Development Proposed Church Area _ Storm Drain Area Street Frontage -- Special Public Works Services Engineering Map Check Final Maps $300.00 + $40.00 /lot $ Parcel Maps $375.00 + $31.00 /lot number of lots Miscellaneous Engineering Services $ 6 hours x $41.00 /hr Public Works Microfilming (Maps and Plans) $ 1 - 6 sheets $112.53 + $5.00 /sheet 7 -12 sheets $143.79 + $5.00 /sheet 13 -18 sheets $175.05 + $5.00 /sheet 10 number of sheets Wood Pole Mounted Electrolier $ FF @ $8.33 /FF Engineering Plan Check and Inspection Cost of Public Improvements $ 10% of first $100,000 = 10,000.00 8% of $100,000- $200,000 = 1,978.40 7% of over $200,000 = (Subject to change based on actual cost.) Storm Development Fee Area "A" $1,957.35/Acre Area "A -1" $3,901.80 /Acre Area "B" $1,833.45/Acre Area "C" $3,122.34/Acre Area "D" $1,936.61 /Acre Area "E" $1,458.99/Acre Area "F" $2,694.39/Acre Area "Q" $2,449.65/Acre 6.309 Acres @$ 2,694.39 /Acre 100 - 2600 -3- 600400 n/a 246.00 193.79 n/a 100 - 2600 -3- 600412 124,730.00 220 - 2640 -3- 680200 220 - 2640 -3- 680201 221- 2641 -3- 680200 222 - 2642 -3- 680200 223 - 2643 -3- 680200 224- 2644 -3- 680200 225 -- 2645 -3- 680200 226- 2646 -3- 680200 K113PAGE 20 No. 87 -1 (Rev) Date 10 -28 -87 Initialed NSA JBL $ 439.79 $ 11,978.40 S S $ 16,998.91 K413PAGE Front Foot Charges 21 Water - inch diameter 230 - 2636 -3- 680400 $ Deferred ** FF @$ FF Sewer - inch diameter 230 - 2636 -3- 680500 $ Deferred ** FF @$ FF Street Improvements 230 - 2636 -3- 680600 $ Deferred ** Pavement SF @ $ /SF = $ Curb & gutter FF @ $12.00 /FF = $ Sidewalk SF @ $ 3.70 /SF = $ Gal. Pole Electrolier & Conduit FF @ $ 8.33/FF = $ Fire Hydrant Resident FF @ $ 2.75/FF = $ Comm & Ind. FF @ $ 3.67/FF = $ _ Storm Drain - inch diameter 230-2636-3-680700 $ Deferred FF@ $ /FF Sewer Development Fee 705 - 2662 -3- 671000 $ 2,736.00 Units @ $1,090.00 /Unit (Res) 600 Gals. @ $456.00/100 GPD (Comm /Ind) Water Development Fee 725 - 2772 -3- 695000 $ 3,369.00 Units @ $1,075.00 /Unit (Res) 3000 Gals. @ $1,123.00/1000 GPD peak (Comm /Ind) Construction Water 720 - 0433 -3- 690000 $ 1,193.31 1549 FF @ $0.67 /FF + 3.6 Acres @ $43.19 /Acre Fire Hydrant Location Fee 720 - 0433 -3- 692000 $ 33.11 $33.11 for the first 5 hydrants +$ 3.31 for each additional hydrant Public Works Cash Bonds and Deposits 801 - 2680 -3- 680000 $ 187,095.00 $ Other Other $ —_ TOTAL DUE CITY $ 36,748.52 NOTE: All deferred and /or estimated fees will be adjus ed rates 'effect at the' /y /g$ time building Permits are issued. * Not included in total. ** To be partially installed and ��� ��� constructed in Phase 1. Accepte'd'by:,% Date:y CORPORATE ACKNOWLEDGMENT State of CR►.. ►PORN 19 - -.— SS. Countyof 5A"TA CLARA ��,^ carc�ca�Gx�G�G�si��c ,r,c�^c,r•c� c�.; -sc "'� OI LN NOTARY PEELIC.CALFO. "'.N!A. SAN 4 Co'_;r:; Y kL s, My Cc ^rrissicn :xPires Fou 3, 1089 •9 u1:: G�� i,X9� )� W -� G?9 GX: ,� � G? 9 :J'•? GT :' C>r WJ G� Gi GENERAL ACKNOWLEDGMENT State of ALI FOR NIA SS. County of SA M'A CL90 PAGE 22 NO 202 On this the Ll day of SAN U A R`/ 1906, before me, - LiNov gE7. L..ococo _ the undersigned Notary Public, personally appeared j2)/42ff --- F personally known to me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as �57R7 9D C/EIeK ___ or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's ignature On this the �T" day of SAN0ARY 1988. before me, 4INDA E�. 100000 the undersigned Notary Public, personally appeared "R0BEIRT )E7. - TAY4Q1e NO 201 G;iOMM CIO C'(!) �"t9C.CGSJGr9MG Personally known to me pEFIC IAL SwAL ., proved to me on the basis of satisfactory evidence =. UND4 E LOCOCO NOip.RY 9� }gLIC CF.LI�Oi(N ►A � to be the person(s) whose name(s) iJ` subscribed to the SANTA CLARA COUNTY within instrument, and acknowledged that f/ executed it. Expires Feb 3, 1989 WITNESS my hand and official seal. My Commiss;cn Notary's ignature .,_...— _ ,u,.,..,i —H Hlllc nA Q1365 -462`. 7110122 NATIONAL N01AHr AbbUU1A11U11 - co 11 — ... — - ADDITIONAL TERMS AND STIPULATIONS TO THE DEFERRED IMPROVEMENT AGREEMENT BETWEEN THE CITY AND THE GILROY PRESBYTERIAN CHURCH DATED: December 21, 1987 K 413PAGE 23 1. The City of Gilroy agrees to provide sewer capacity, water service for domestic use and fire protection for new Church on Miller Avenue. The Church agrees to execute a Sewer and Water Allocation Agreement, A Deferred Annexation Agreement, and a Deferred Improvement Agreement. The Church also agrees to remit to the City of Gilroy the appropriate fees for Water and Sewer Connection Charges and Plan Checking Fees. Outside service rates will apply. 2. The Church agrees to install the following improvements concurrently with the development of their new building: a. Extend a 12" Water main from the intersection of Thomas Road and Mesa Road to the entrance of the new church. b. Extend an 8" Sewer main from Thomas to the entrance of the new church at a 1% grade. C. Overlay Miller Avenue from the intersection of Thomas Road and Mesa to just past the church entrance. d. Install one street light near the entrance. e. Dedicate street Right of Way to the County. An additional 20' is required to create a 70' Right of way. 3. Deferred improvements under the first phase of construction include but are not limited to the following: a. Extension of the 12" water main from the church entrance to the west property line (estimated cost 900 x $35 = $31,500 at 1987 prices). b. Extension of the 8" sanitary sewer from the church entrance to the west property line (estimated cost 750 x $22 = $16,500 at 1987 prices). C. Construction of storm drains from the intersection of Thomas Road and Miller Avenue to the west property line (estimated cost 1700 x $36 = $61,200 at 1987 prices). d. Reconstruction of Miller Avenue, the church frontage, the estimated costs are: Streets: $2.26/SF x 1430' x 16' _ $51,709 Sidewalk: $3.70 /SF x 1430' x 4 = 21,164 Curb & Gutter: $12.00 /LF x 1230 = 14,760 Electroliers: $2500 EA x 5 = 12,500 Fire Hydrants: $2000 EA x 5 = 10,000 TOTAL $110,133 All of the above listed improvements (Item 3 a -d) would cost approximately $219,333 at 1987 prices and there would be a possible reimbursement of $54,600 if the property on the other side of Miller Avenue is developed. 4. The Church agrees that storm drainage fees have been calculated on only 6.309 acres of their property with this agreement. The Church agrees to pay the remaining fees or will legally divide their parcel to the size upon which fees were paid at the request of the City. Said request will be made upon annexation or when any downstream storm drainage construction is in progress on other developing property. Signed: Dated / /-y -V CORPORATE ACKNOWLEDGMENT K 413 PAGE 24 No 202 State of Cg 4 N 1 A__ On this the y day of SF> NU F4F"q 19-E)Q, before me, SS. County of AWR CLAD LI NOA L�C_OC-o , the undersigned Notary Public, personally appeared �U�.U�I GJ''.C7GX9CC9C��' -0N_ '�C"�`CU;C`CAn6 LCICC m'~ r:n'iAk.'CJ!!,K- C�_i�'F ", u =� 5ar:1 A U,',F.A CCQt -1 Y Myc Ex?ires Feb 3, M'? G�: G: 71.> GY7E? : o17 ?�t ?:�St- 9Gr:��ub>76)9G7."GT: GENERAL ACKNOWLEDGMENT State of CALIrORNIA County of JANTA CLARA SS. NCTARY F,jgLIC - CALIFORNIA SAN ?A Ctf.RA COU : i Y toy G 3, 1949 =r C�mrrrss'• � Ex.ires cb F" 1_oco e personally known to me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as STt4-7— lD CL,EQK___ or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signature No 201 On this the 4 day of JPNUARY 1966, before me, the undersigned Notary Public, personally appeared - - - __ R0BET F-: • Toyl -OR personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 15 subscribed to the within instrument, and acknowledged that HjE executed it. WITNESS my hand and official seal. ?jc l a 6, Notary's Sigrature - _. - ••,• ., _.. .�.,� 1.r,,,,, l —Hmc C4 Q13R5 -4675