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Malta Enterprises - PDA No. 86-6Susanne E. Steinmetz,City Clerk Cit�> >Df Cilroy 7351 Rosanna St. Gilroy, CA 95020 4 'w .— PERTY DEVELOPMENT AGREE""-.NT COM'�iERCIAL, INDUSTRIAL, INSTITUTIONAL 8'75C. -, "G �166oP46E 9 AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: 1T:STALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 86 -6 This agreement made and entered into this 70 day of April 1S. _86 , by and between the City of Gilroy, a municipal corporation, herein called the "City' and Malta Ent. Pension- & Profit Sharina_Plan a real property owner developer or subdivider, herein called the "Developer ". WHEREAS, a final ,nap 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 835 -01 -16,17 part of 14 (Lyons Restaurant. 395 Leaveslev Rd.)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 anii Regulations i.ave 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 dischar.,e 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 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 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 ame-.ded 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, n•-!I ;;?an�os and cther P— nila_tlons. 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. -i - 366 0PAGE 977 d. To construct and improve all public works facilities and other improvements as set cut herein., according to the standards heretofore established, and according to the grades, plans and specifications thereof, all as approvtJ 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 S 55,026.09 , and the other shall be executed in an amount no less than 50Z of the above mentioned bend 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 Cite, and this agreement. The faithful performance bond hereinnhove provided for, shall by the terms remain in full force and effect for a period of one (I) year after the completion and acceptance of said work, tv guarantee the repair and replacement of defective material and faulty workmanship. In lieu of said faithful performance bend for maintenance, the Developer may furnish a maintenance bond in KP amount of 10% of the total contract price (with a minimum amount c. one thousand dollars, $1,000.00) to cover the one M 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 q thereof to he due under the terms and provisions of this agreement. WCTins I 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 prrticular 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 purswe any ,...ed whntsnover it mny 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. gFC'T I nN 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 di•:ision 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- J 6 6 ® PAGE 97S SECTION 8 ,he Developer will pny for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity not to exceed: 10,000 nal per day. peak water use not to exceed: 30 , 000 pn l per day. The City will attempt to provide additional capacity at the then current rr:-e. If additional capacity is not available, the Developer agrees to maintain sewer arid water use at or below the amounts purchased. The Developer sha11 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. SECTION 9 That the following are the estimated amounts of costs to be borne by the respec- tive parties hereto, and it is further understood and agreed that said amounts are estimated only rand are subject to final dote rn:ination upon completion of the rk. FACILITY Engineering Map Checks a) Subdivisions $190.00 + S3.00 /lot Parcel Splits $83.00 + $3.00 /lot number of lots b) 1`1 scellaneous Engineering Service 2 hours x $3i.00 /hr DFIVELOPMENT COST n/a $ 62.00 c) Public Ldorks Micrcfilminp $ 18.00 7 sheets x. $5.00 /sheet (1/2 to be paid by Forest Park Inn) d) Wood Pole. Mounted Electroli(Ir FF @ $5.00 /FF e) Engineerin.a Plan Check and Inspection 5% of the Cost of Puhlic Improver, rats 5% x $ 55 , 026 .00 f) Storm Development Fees 0.68 Acres (d $-2 , 770 /Acre Acres @ $ /Acre 6 c _ n/a 2.751.00 SSA �� �) Front Foot Fee 346.08 FF @ $ 13.50 /FF h) Front Foot Fewer Fee 143.63 FF @ $ 8.82 /FF 202.45 FF @ $10.82 /FF i) Street Improve! :tents lnclud.:s pavement, rurh & Futter, sidewalk, electroliers, fire hydrants, etc. (See Cost S,- hedule for breakdown.) j) Front Foot Storm Dr.!in Fee 202 . 45FF @ $ 14 _ 58 /FF k) Water Development Fee 30, 000 (al. n SS 50. R i / i O00 ePD p(,nk 3 6 6 0 PAGE i 4,672.00 $ 3,457.00 7,434.00 $ 2,952.00 $ 25,524.00 1) Construction Water $ 187.00 346.08 LF ( $0.50 /FF + 0.68 Acres !2 S20.00,'Ac-re m) Fire hydrant location Fee $31.00 for first Eive hydrants + 3.00 for each additionnl 0 hydrants n) Sewer Development Fee 10,000 gpd @ $380.00 /100gpd $ n/a 38,000.00 o) Public Works Cash Bonds and $ 82,539.00* Deposits *Not Included In Total p) Other 5 1,518.00 Median Landscaping 202.45LF @ $7.50 /LF TOTAL DUE CITY S 4t sEF �EvISEa cvsr SCi�6D��F !�i' -' PENALTY C= C-0 3'�R/e 6 Overuse of sewer and water allecati r.s shall he penalized under file Rules and Regulations adopted by the Gilroy City Council. -1,- J660PAGE 980 IN W11NF,SS '�Iif;1:EOF, s:1id parties have cal.:sed these presents to be e>:ecuted the date and gear first above written. ATTES •. '.. C11 Clerk CITY OF C, 1 I.ROY �-7� rtn c) r ) Ci 1,._im1nistrator DE;'FLOI'F.K FY i 1) ATF. 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. GENERAL ACKNOWLEDGMENT State of - -- SS. County of `�n `' } ^ l i r c•-_ OFFICIAL SEAL '�•" "" ' JUDY DIAZ m NOTARY PUBLIC - CALIFORNIA • SANTA CLARA COUNTY .,,,�:•�• My comm. expires OCT 16, 1987 ` 7110 122 NO 201 11L�yl�¢ L 19 � (c, before me, On this the ��- day of - - the undersigned Notary Public, personally appeared - �j —_s1 personally known to me '>Z proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) __ - -1 subscribed to the _executed it. within instrument, and acknowledged that WITNESS my hand d official seal. \ Notary's Signature � NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. PO Box 4625 •Woodland Hills. CA 91364 -5- ftQ Y '' ^^ _3S 011) .� 66PPAGE 976 411 7 A ftQ Y J66OP46E 981 STIPULATIONS MALTA ENTERPRISES PENSION AND PROFIT SHARING PLAN (LYONS RESTAURANT) AGREEMENT 86 -6 1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. Note: The capping of any well will require inspection by 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 and Cal. Trans. 4. Permits from Caltrans and theCity of Gilroy to construct street improvements must be obtained by the Developer prior to construction of the off -site improvements required. 5. Developer hereby waives the right to occupy the buildings to be constructed until the off -site improvements are completed and accepted by Caltrans and the City of Gilroy. 6. 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. 7. This agreement shall run with the land and be binding upon any successors in interest. 8. All. fees shall be paid at the rates in effect at that time. 9. In the event that the adjacent parcel to the west is not developed simultaneously, the access to Leavesl.ey Road through the cross- easements must be improved prior to occupancy. Accepted T i t l e Date % C GENERAL ACKNOWLEDGMENT - - Z State of _ I C,_ _ On this thezk day of _'J�!!I__va r _ 19 -F&, before me, SS. - A6 ©PAGE 982,' County of �— -- -- — D1a the undersigned Notary Public, personall)J"appeared OFFICIAL SEAL '�' JUDY DIAZ m " NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY 4, My comm. expires OCT 16, 1987 vw, ry l UT personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) s_i _ _ subscribed to the within instrument, and acknowledged that h executed it. WITNESS my hand and official seal. � 1 Notary's Signature NO 201 7110122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • woodland nws. UA yieoc