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Lincoln Properties - PDA No. 87-27Susanne E. Steinmetz, City Cler NO FEE. per GC Sec 6103 KlVity of Gilroy � 7351 Rosanna Street JAPPERTY DEVE OPMENT AGREEMENT Gilroy, CA 95020 ------------------------- PAGE Q CIMHERC1Ai , INDUSTRIAL, INSTITUTIONAL K 455PAGE 55 9 AGREEMENT FOR EXTENSIONS VV WATER DISTRIBUTION SYSFEMF. 1 ";I'KOVE.MENT OF STREETS: l NSI ALLAT ION OF SEWERS, STORM DRAINS AND OTHER PUBLIC VOKKS F^.CI K T.ES No.— B7-.27 -- K 920r�_r1�i This agreement made and entered into this 1st day of February Iy 88 by and between the City of Gilroy, a municipal corporation, herein called the "city and LINCOLN PROPERTY COMPNNY , 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: APN 841 -15 -099 (5725 Rossi Lane 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 fcr providing the necessary connecting system, general plant and appurtenances, and the City is agrecing to d;scharga thowe i'OnS. C12S. 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 parries as follows: SFf Tin`. I 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 trey 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 Gilrov (including but not limited to Chapters I2A, 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. SECIION 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 Fold 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. The faithful petformance bond hviv innhove 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 perfotmnnc.e 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 ni._OLiun n til ^•li C� �C' _ dat ander the .crns au:1 provisions of this agreement. SECTION " 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. S FC'T I nN L 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. SFCTInN 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 perfeimance by the Developer of each and every tetra, 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 Cudes, Drdi;:ances, Resolutions of the City, in the event of any such default by Developer. SFCTinN 7 That this agreement, together with the attached stipulations, is an instrument affecting the title or possession of the teal 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 separntely to each parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement. Photographic image nW b* poor due to condition of 0,1ginai docurlsent (K4155paE Goo , d. To construct and improve all public works facilities and MY!",�t:��[�� -� V impruvemcnts as set out herein, according to the standards heretcicre estahlished, and acrc tdiny to tree prides, plans and specilirntionq theteof, all is npptpvpd KV the City Fnpineer, and ;Ilan Ki pish tw. (2) ;wwn ad swi 1 _t i n W ds, PC Sh ,ll W executl d in thle face nnount of we less than $ 19,978 00 , and the other shall be executed in an amount no less than 501. 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 petformance bond hviv innhove 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 perfotmnnc.e 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 ni._OLiun n til ^•li C� �C' _ dat ander the .crns au:1 provisions of this agreement. SECTION " 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. S FC'T I nN L 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. SFCTInN 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 perfeimance by the Developer of each and every tetra, 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 Cudes, Drdi;:ances, Resolutions of the City, in the event of any such default by Developer. SFCTinN 7 That this agreement, together with the attached stipulations, is an instrument affecting the title or possession of the teal 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 separntely to each parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement. Photographic image nW b* poor due to condition of 0,1ginai docurlsent (K41")5PAGE 601) SECTION 8 K 9 ) 0 i 1 The Developer will pay for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity not to exceed: 1,000 gal per day. Peak water use not to exceed: 3,000 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 -i-h portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. SFCTTnN 10 That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY $ RECORDED WITHOUT FEE UNDER SEC ?ION 6107 GOVERNMENT CODE K455PAGE 539 -3- 7.114.49 • iii I: IPA `• CY 7n _e.. t' t- �7 7"" n t5 f'Y ., I: IPA `• t �Y(Ln� i' t. r'k"fi�� � � ♦ �.". 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I •� I f r� N I u bi a t ie• tf) uz ba »t 90 ,419 p t. al. . • t o1 OLYI Ob'C OJ �Di ' 1 tl 1' t. � iS� � . f.. ,�,, � 1a � �� a � x , _ N �.� it • p'O � aD aj C CL Oyi Cd p ` m� >r o l , 4 ►JS Si 1^ v 40 ' Y w N � S9 P. tz tz /,- c rj,�, 0 0 cp �d co M P r ' Tai/' Q m C ION Cf LL o �I ' � ••\6�0 � r - �S '^ n 'V. a,A .� ♦ f�. / ,`� �,.� .•,t.T d/'p CI U n �blba•- -�.�: I^ � � � K 020 7 1"�ti L 4 5 :i SAGE 6 0 4 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. v FORT -t/ APPROVED: City Attorney CITY OF GILROY Mayor i i c ministrator DEVELOPER LINCOLN GILROY II, A California Limited Partnership Lincoln Property Company No. 2026, A BY Cal 'fprnia Limi, Partnership BY Luis A. Belmonte as ma aging general partner DATE _- - -/ —/9 -1V00 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. STATE OF CALIFORNIA) SS. 7k)A TY AVE-' oP�( & I COUNTY OF SAN MATEO ) A�EEMEN O. 87_�l s ,..- TK455PAGE { 600 K ��OF��,r1 ©�1 a�) On this the 18th day of January 1987, before me, B. C. Talbot, the undersigned Notary Public, personally appeared LUIS A. BELMONTE personally known to me to be a managing general partner of LINCOLN PROPERTY COMPANY NO. 2026, A California Limited Partnership, said partnership being known to me to be a general partner of LINCOLN GILROY II, A California Limited Partnership, the partnership that executed the within instrument and acknowledged to me that he executed the same as a managing general partner of LINCOLN PROPERTY COMPANY NO. 2026, A California Limited Partnership, that said partnership executed the same as a general partner of LINCOLN GILROY II, A California Limited Partnership, and that LINCOLN GILROY II, A California Limited Partnership, executed th -• nt�. WITNESS my hand and official seal. OFFICIAL SEAL S. C. TALBOT Notary Pwft gAN MATED COUNTY my comm. Emp. Oct. A. logo My Commission Expires: October 6, 1989 N9MATEO ublic In and For S COUNTY California K 20F��.c1022 �Wi— AGE 606 CITY OF GILROY _ No. 87 -27 DEVELOPMENT COST SCHEDULE Date 11 -16 -87 F I N A L Initialed NSA Location of Property 5725 Rossi Lane (northwest cor. of Rossi and Southside) Assessor's Parcel No. 841 -15 -099 Name of Applicant Lincoln Property Company Address 101 Lincoln Center Drive, Foster Cit Type of Development Proposed Industrial CA 94404 -1167 Area 6.25 acres Street Frontage 683.73' on Rossi, 427.41' Storm Drain Area "D" on Southside Special Public Works Services 100 - 2600 -3- 600400 $ 281.53 (Paid) 140.77 Engineering Map Check Final Maps $300.00 + $40.00 /lot $ N/A Parcel Maps $375.00 + $31.00 /lot number of lots Miscellaneous Engineering Services $ 164.00 4 hours x $41.00 /hr Public Works Microfilming (Maps and Plans) $ 117.53 1 - 6 sheets $112.53 + $5.00 /sheet 7 -12 sheets $143.79 + $5.00 /sheet 13 -18 sheets $175.05 + $5.00 /sheet 1 number of sheets Wood Pole Mounted Electrolier $ N/A FF @ $8.33/FF Engineering Plan Check and Inspection 100- 2600 -3- 600412 $ 1,997.80 (Paid) 150.00 Cost of Public Improvements $ 19.978.00 10% of first $100,000 = 1,997.80 8% of $100,000 - $200,000 = 7% of over $200,000 = (Subject to change based on actual cost.) Storm Development Fee Area "A" $1,957.35/Acre 220 - 2640 -3- 680200 $ (Paid) Area "A -1" $3,901.80 /Acre 220 - 2640 -3- 680201 $ (Paid) Area "B" $1,833.45/Acre 221 - 2641 -3- 680200 $ (Paid) Area "C" $3,122.34/Acre 222 - 2642 -3- 680200 $ (Paid) Area "D" $1,936.61 /Acre 223 - 2643 -3- 680200 $ 4,791.31 (Paid)2,008.52 Area "E" $1,458.99 /Acre 224 - 2644 -3- 680200 $ (Paid) Area "F" $2,694.39/Acre 225 - 2645 -3- 680200 $ (Paid) Area "Q" $2,449.65/Acre 226- 2646 -3- 680200 $ (Paid) 6.25 Acres @$ 766.61 /Acre Front Foot Charges Water - FF @$ Sewer - FF @$ Street Improvements Pavement Curb & gutter Sidewalk Gal. Pole Electrolier & Conduit Fire Hydrant Resident Comm & Ind. Storm Drain - FF@ $ inch diameter FF inch diameter FF SF @ $ /SF = $ FF @ $12.00 /FF = $ SF @ $ 3.70 /SF = $ FF @ $ 8.33/FF = $ FF @ $ 2.75/FF = $ FF @ $ 3.67/FF = $ �455PAGE 607 K g20 P44 �,t10231 7.30- 2636 -3- 680400 $ N/A (Paid) 230 - 2636 -3- 680500 $ N/A (Paid) 230 - 2636 -3- 680600 $ N/A (Paid) inch diameter 230- 2636 -3- 680700 /FF Sewer Development Fee Units @ $1,090.00 /Unit 1000 Gals. @ $456.00/100 GP Water Development Fee Units @ $1,075.00 /Unit 3000 Gals. @ $1,123.00/1000 Construction Water N/A FF @ $0.67 /FF + 6.25 Fire Hydrant Location Fee 705- 2662 -3- 671000 (Res) D (Comm /Ind) 725 - 2772 -3- 695000 (Res) GPD peak (Comm /Ind) 720 - 0433 -3- 690000 Acres @ $43.19 /Acre 720 - 0433 -3- 692000 $33.11 for the first 5 hydrants +$ 3.31 for each additional hydrant Public Works Cash Bonds and Deposits Other Other 801- 2680 -3- 680000 $ N/A (Paid) $ 1,777.56 (Paid) 888.78 $ 2,562.04 (Paid)1,281.02 $ 269.94 (Paid) 113.16 $ 33.11 (Paid) 16.55 $ 29,967.00 TOTAL DUE CITY $ 11,713.29 (Paid) 4,598.80 NET DUE $ 7,114.49 NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time building Permits are issued. LINCOLN GILROY II, A California Limited Partnership * Not included in total. By: Lincoln Prope y/No. 2026, A California Limited a "=ryshiom /Accepted by: �// ui A. Belmonte as Ainiiqing general Date: partner P