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Mattos, Ed - PDA No. 86-20Susanne E. Steinmet7,City Cler City of Gilroy �1 7351 Rosanna St. h Gilroy, CA 95020 No Fee per GC Sec. 6013 8871 t 114 3UL 2 3 1�'66 �r�1�3gc�7� PROPERTY DEVELOPMENT AGREEMENT COMMERCIAL. INDUSTRIAL. INSTITUTIONAL e,.ty Ci�RoS% L. AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORMU' DRAINS AND OTHER PUBLIC WORKS FACILITIES No:-';86. -2�r,- '�"�iPAGE This agreement made and entered into this 27th day of June J 19 86 , by and between the City of Gilroy, a municipal corporation, herein called the "City r and Ed Mattos , 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 799 -01 -042 & 043 and, WHEREAS, tire Developer requires certain utilities and public works facilities in order to service the property under the minimum standards established by tire 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 acid operation of such utilities and public service facilities after acceptance by City, acid for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities. NOW THEREFORE, in consideration of tire 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 Tile 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. J776FAGE 5�2 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 futnish two (2) good and sufficient bonds. One shall he executed in the face amount of no less titan $ 25,996.00 , and the other shall be executed to an amount no less than 507 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 per[otmance 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 soots, 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. c SECTION 5 That the special provisions concc+nring the particular real estate referred to above, being attached hereto, are hereby incotporated 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 pet[ocm 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 tire City from any and all obligations hereunder and the City, at its election, mry enforce the performance of any provision herein, or any tight 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 1 That this agreement, together with the attached stipulations, is all 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 desctibed in Exhibit A, the terms Of this agreement shall apply separately to each parcel and the Developer of each parcel shall succeed to the oblip.itiotts imposed on Developer by this agreement. -2- J "7"76PAGE 533 SECTION 8 The Developer will pay for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity not to exceed: _ 970 gal per day. Peak water use not to exceed: 2,950 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. CRrTTnN In That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY —3— $ 3, 377 -D J776PAGE 594 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTES Cit , le'tk FOPJ�APPROVED: City Attorney 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 persona signing for the corporation shall appear above. 3 STATE OF CALIFORNIA ss. COUNTY OF SANTA CLARA On June 26, 1986 before me, the undersigned, a Notary Public in and for said State, personally appeared Ed Mgatztos known to me to be the ppt'pon who`s.e name subscribed to the within instru- ment a�d.'.-'acknowled Pa that he executed the same. WITNESS, my hand and,of'ficial seal. ACity Clerk, cidy3ot Gilroy per GC Sec y 40814,;: )CC Sec. 1 181 -4- J'776PAGE 5 � 5 Stipulation Sheet ADDITIONAL TERMS AND STIPULATIONS TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND EDWARD W. MATTOS DATED JUNE 27, 1986 1. The developer agrees to dedicate and improve his property frontage shown on the approved plan for this project. In addition, the developer agrees to upgrade the Church/First street signal system as required by the California Transportation Agency. 2. It is understood that due to additional Traffic Signal System requirements by the California Transportation Agency not originally contemplated by the parties, the City will participate in an amount up to $40,000 for the traffic signal upgrade and frontage improvements. The developer agrees to pay all other costs for this project. It is further understood that $8,000 will be contributed to the frontage improvements and an amount up to a maximum of $32,000 will be contributed to the signal upgrade. The developer agrees to pay all other costs. 3. The developer agrees to delay occupancy until all frontage improvements are complete. = / SIGNED -------- - - - - -- 1 Location of Property CITY OF GILROY DEVELOPMENT COST SCHEDULE J "7'7 6 PAGE 5 9 6 No 86 -20 Date 6/20/86 Initialed NSA /JBL Southwest Corner of First and Church Assessor's Parcel # 799 -01 -042 & 043 Name of Applicant Ed Mattos Address 8300 Rancho Real. Gilroy, California 95(12 (1 Type of Development Proposed Coramerrial Offi rp Area 0.3942 Acre Storm Drain Area "O" Street Frontage 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 2 hours x $32.55/hr Public Works Microfilming (Maps and Plans) 5 sheets x $5.00 /sheet Wood Pole iiounted Electrolier FF @ $5.25/FF 01- 100 -1100- 600400 $ N/A $ 65.00 S 25.00 $ N/A $ 90.00 Paid (29.00) Engineering Plan Check and Inspection 01- 100 - 1100 - 600412 $ 1,300.00 5% of the Cost of Public Improvements Paid (650.00) 5% x $ 25 , 996 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" $2,333.00 /Acre Q,3942 Acres @$ 2,333. 0 ()/Acre Acres @$ /Acre 02- 220 - 1300 - 720200 02- 220 - 1300 - 720201 02- 221 -1300- 720200 02- 222 - 1300 - 720200 02- 223 - 1300 - 720200 S S 02- 224 - 1300 - 720200 $ 02- 225 - 1300 - 720200 $ 02- 226 - 1300 - 720200 $ 920.00 Paid (460.00) J 776PA6E 597 Front Foot Charges Water 02- 230 - 1300 - 720400 $ N/A FF @$ /FF Sewer 02- 230 - 1300 - 720500 $ N/A FF @$ /FF Street Improvements 02- 230 - 1300 - 720600 $ N/A Pavement SF @ $ /SF = $ N/A Curb & Gutter FF @ $11.41 /FF - $ By Developer Sidewalk SF @ $ 3.27/SF = $ By Developer Gal. Pole Electrolier & Conduit FF @ $ 5.25/FF = $ N/A Fire Hydrant Resident FF @ $ 2.67/FF = $ Comm & Ind. FF @ $ 2.99/FF = $ N/A Storm Drain 02- 230 - 1300 - 720700 $ FF @$ /FF Sewer Development Fee 07- 705 - 1300 - 720100 $ 2,470.00 650 Gal @ $380/100 gal. Paid (1,235.00) Water Development Fee 07 -725- 1300 - 720300 $ 1,790.00 Units @ $880.88 /Unit Paid ( 895.00) 1950 Gals. @ $918.17/1000 GPD peak Construction Water 07- 720 - 1900 - 800100 $ 153.00 262.65 FF @ $0.55/FF + 0.3942 Acres @ $21.00 /Acre Paid (76.50) Fire Hydrant Location Fee 07- 720 - 1900 - 800300 $ N,/A $31.00 for the first 5 hydrants +$ 3.00 for each additional hydrant Public Works Cash Bonds and Deposits 08- 800 - 1100- 600400 $ 38,994.00 Other * Not included in total $ N/A TOTAL DUE CITY $ 6,723.00 Paid (3,345.50) Net Due $ 3,377.50 NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time Building Permits are issued. Accepted by: Date: -2-