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Mattos, O'Dell et al - PDA No. 85-63Susar..ne E. Steinmetz,City Clerk Cit} of Gilroy %351 r :osanna St. Gilroy, CA 95020 TA 01 n� v r NO FEE per GC Sec.6103 868314'7 D FOR rr :OPERTY DE�'F.LO:' ":ENT AGREE *'E: T F.ESIDENTIAL FIBRD REflUEST o rEe 7 9 08 DRAINS AND OTHEP. PUBLIC [,'OPTS FACILITIES No. 85 -63 J 5J8 PAGE 13G.9 This agreement made and entered into this 3rd day of February _ i9 86 , by and between the City of Gilroy, a municipal corporation, herein cared the "City" and MATTOS, O'DELL, et al. a real property owner developer or subdivider, herein called the Developer . WHEREAS, a final map of subdi•;isier., record of survey or building permit (Site Clearance) application has now b.-!.n submitted to the City for approval and ',y ItQCOf40ER > » >,�' AGREE " :ENT FOR EXTET SIO1 S OF i:ATEK DIST?.IBhT1ON YSTE.". : I "TROVE "'ENT OF STREETS: INSTALLATION OF SFVERS, STORM NINT I-11 , CHURCH AND EIGLEBERRI' IIviPROVEPIENT PROJECT anal, WHEREAS, the Developer requires certain utilities and public works facilities order to service the property under the minimum standards established by the City and, WHEREAS, the City, by and through its city Co._ncil, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this agreement anal, WHEREAS, the City has certain. responsibilities for mainter.ar.ce 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 resper.sibilities. 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 parties as follows: SF.r.TtnN ; 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 t.ne same effect as if they were set out at length herein. Said Codes, Ordinances and Regulztior.s 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 devele7ment respectfully): Ordinance No. 83 -15 (Zoning Ord.): Resolution 85 -5 0982 lir.i_orm Building Code): Riles and Regulations. Included in the ;bc••e 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 eac'-, and every one of said Cedes, Ordinances and ether Regulations. b. To grant to the City without charge, free and clear of encumbrances, any and all stiaulated easements and rights of way in and to his said real property r.,:cessary for the City ir. order that its water, electricty, and/or sewer lines in .r to said real property may be c,'-:tended. C. To indemnify L^d hold the City hrmless and free from all damage and liability done to any utility, public facility or ether material or installation of the City on said real estate which the Developer or any contractor or subcontractor of the Developer, or any emplcyec thereof, shall do in grading or working c_pon sid real estate. -i - acceptance, covering certain real estate k known as and called: i i , CHURCH AND EIGLEBERRI' IIviPROVEPIENT PROJECT anal, WHEREAS, the Developer requires certain utilities and public works facilities order to service the property under the minimum standards established by the City and, WHEREAS, the City, by and through its city Co._ncil, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this agreement anal, WHEREAS, the City has certain. responsibilities for mainter.ar.ce 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 resper.sibilities. 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 parties as follows: SF.r.TtnN ; 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 t.ne same effect as if they were set out at length herein. Said Codes, Ordinances and Regulztior.s 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 devele7ment respectfully): Ordinance No. 83 -15 (Zoning Ord.): Resolution 85 -5 0982 lir.i_orm Building Code): Riles and Regulations. Included in the ;bc••e 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 eac'-, and every one of said Cedes, Ordinances and ether Regulations. b. To grant to the City without charge, free and clear of encumbrances, any and all stiaulated easements and rights of way in and to his said real property r.,:cessary for the City ir. order that its water, electricty, and/or sewer lines in .r to said real property may be c,'-:tended. C. To indemnify L^d hold the City hrmless and free from all damage and liability done to any utility, public facility or ether material or installation of the City on said real estate which the Developer or any contractor or subcontractor of the Developer, or any emplcyec thereof, shall do in grading or working c_pon sid real estate. -i - J59SPAGEI370 d. To construct and improve all public works facilities and other improvements at 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 bond One shall be executed in the face amount of no less than $ 21, 465. 00 and the other shall be executed in an amount no less than. 502 of the above mentioned bond and shall secure payment to the contractor, his subcontractors and to persons renting eauipment 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 bend 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. 8 thereof to be due under the terms and provisions of this agreement. SECTION 3 That all sums shown herein to be payable by the :eveloper 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 ter:- 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 a7y and all obligations hereunder and the City, at its election, may enforce the perfcrman.ce 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 pos,essien 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- I _I W. EIGHTH E 3 S -R 3 W I- L) 4 3750 Q Z Z Q Lo O X F= V) 37 50 C Q Z Z Q V) O 160 63 r 13940 I^ ,4 2 ^I 14 k-F 0 28 1 s YI 17 _^ 14 4 139 40 .o 3 I 2 ° 160 0 60___ 5 t 160 4.0 Y r 150,60 ,per-, /2 4 S3 4 �I-4 /0 0 o - - - - �j 75 ,9 0 53 — — —� 14940 _ PCL. 2 0 6 4 - - - - - - - w 8 2/ E m 9 5 0l .I 50 PCL.IPCL.IPCL. 8 4 1 5 1 6 0 I ° SS 1 54 ei 53 m 7 0.17AC. 0.17AC. X0.17 AC. ISO 50 1 x I 40 75 U U 59SPAGE137I a STREET — E 3 S- R 2 W �, 32 N J/ 12 30 13 29 14 k-F 0 28 1 s °s 82 ° ° 27 16 15 0 N_ 2/5 0� I5 t 26 17 _^ 14 4 I a 1 6 151-- 0 3 I (15C 3 _) c 0 25 18 60 v I I 82 ° 1 T I 15 0 N_ 2/5 0� I5 t 44 Isa 30 � _^ 14 4 I a 1 6 151-- 0 3 I (15C 3 _) c 0 o /3 60 u1 71 L (150 30t 96.70 S3 4 ° /0 0 - - - - -- 75 ,9 0 53 50 Too 20 PCL. 2 - - - - - - - w 8 2/ E m taz W m g 0 L) - -23 —22 W 10 CD y - -- 71 71 W PM. 517- M -26 P M. 5 W. N I NTH E ° to v - r w . 45 30 ' 10070 40 18 o PCL.3 Our ° ^ 0.17AC. — ° ' 150 - -- PCL.2 47 0 T^ 2 1 17 0.17AC. — — -- — PCL. I 48 0 C.17AC. — 150 _-- 3 0 W. TENTH X= /688 0/9 Y= /83607 _ B 4 S 2W Ial.00 .14' L 2 d 51 PCL. 3 ° o._AC. — _:R w ! 50 0.31 AC. PC .5 :L_o 0 AC. — F ° 50 PCL.2 PC .6 (n 0.17AC 6 AC. 0 49 PCL. I PC 55 C. 17 AC. 0. AC. 75 i 20 ° I 2 I I 2/ I i 22 I 26 S m I U I 23 Ln 24 c U I 25 151 s0 1 I49 'o n \,I-- 6£_°3661 Y= /8372/ EXHIBIT A MATTOS, O'DELL et al I 2 3 4 16 PCL.A PC_ E 0 I —9 10 — STREE 4 S - R 1 � 40 4 0 - n I 15 0 5 I5 t 44 Isa 30 � _^ 14 4 I a 1 6 151-- 4.? I (15C 3 _) c o /3 7 0 L (150 30t 96.70 S3 I 50 3 I 100 B o /0 0 m 9 0 9670 53 50 Too W. TENTH X= /688 0/9 Y= /83607 _ B 4 S 2W Ial.00 .14' L 2 d 51 PCL. 3 ° o._AC. — _:R w ! 50 0.31 AC. PC .5 :L_o 0 AC. — F ° 50 PCL.2 PC .6 (n 0.17AC 6 AC. 0 49 PCL. I PC 55 C. 17 AC. 0. AC. 75 i 20 ° I 2 I I 2/ I i 22 I 26 S m I U I 23 Ln 24 c U I 25 151 s0 1 I49 'o n \,I-- 6£_°3661 Y= /8372/ EXHIBIT A MATTOS, O'DELL et al I 2 3 4 16 PCL.A PC_ E 0 I —9 10 — STREE 4 S - R 1 � 40 STREET (n 0 PCL. B "I'CL. A 44 la I _ . ....... rte - — ol 75 I 4.? PCL.1 ' L PCL 3 0.34 A C. N ET r� 42 PCL. 2 0.34 AC. N ET E W m W I 5 6 CD y - -- W 8 , v 34 r — — m ` BI 69 STREET � r rj Location of Property CITY OF GILROY DEVELOPMENT COST SCHEDULE J598 PAGE .13"7/ No. 85 -63 Date 11 -12 -85 Initialed SD-I, Northeast corner of Church St. and Ninth St. and the southwest corner of Eiqleberry St. and 'Ninth St. Assessor's Parcel # 779 -10 -024 and 799- 11 -0D2 , 053 , 054 and 055 Name of Applicant MATTOS , O' DELL, et al. Address 1505 Calabrese Wav, Gilroy, CA 95020 Type of Development Proposed Duplexes Area 0.976 acres Storm Drain Area "Q" Street Frontage 290.5 feet on 9th St.; 100.00 feet on Church St.; and 190.0 feet on Eigleberry St. 1 P bl' W rks co,,,;��� 01-100-1100-600400 $ 2,980.00 Spec u is o Engineering Map Check Su*_ivisions $190.00 + $3.00 /lot Parcel Splits $83.00 + $3.00 /lot number of lots Miscellaneous Engineering Service 2 hours x $31.00 /hr Public works Microfilming (Maps and Plans) 3 sheets x $5.00 /sheet Wood Pole Mounted Electrolier 580.5 FF @ $5.00 /FF Engineering Plan Check and Inspection 5% of the Cost of Public Improvements 5% x $ 21,465. 00 Storm Development Fee Area "A" $1,850.00 /Acre :..ea "A-!" $3,680.00 /Acre Area "B" $1,640.00 /Acre Area "C" $2,770.00 /Acre Area "D" $1,770.00 /Acre Area "E" $1,350.00 /Acre Area "F" $2,400.00 /Acre Area "Q" $2,310.00 /Acre 0.976 Acres @$ 2,310.00/Acre Acres @$ /Acre S n/a S 62.00 $ 15.00 Oi -100- 1100- 600412 $ 1,073.00 02- 220 -1300- 720200 02- 220 -1300- 720201 02 -221 -1300- 720200 02- 222 -1300- 720200 02- 223 -1300- 720200 02- 224 -1300- 720200 02- 225 - 1300- 72OL30 02- 226 -1300- 720200 S $ 2,255.00 J598PAGE1373 Front Foot Char €es Later 02 -230- 1300 - 720400 S n / a FF @$ /FF Sewer 02- 230 -1300- 720500 $ n/ a FF e$ /FF 02- 230 -1300- 720600 $ By Developer Street Improvements Pavement SF @ S /SF = $ Curb & Gurter FF @ $10.87 /FF = S Sidewalk SF @ $ 3.11/SF = S Gal. Pole Eiectrolier & Conduit FF @ $ 5.00 /FF = $ Fire Hydrant Resident FF @ $ 2.54 /FF = $ Comm & Ind. FF @ $ 2.85/FF = S 02- 230- 130C.- 720700 S 2 , 770. 00 Storm Drain 190.00 FF @$ 14. 58 /i F 07- 705 -1300- 720100 $ w /Bldg Permit Sewer Development Fee 6 Duplexes at $1,650.00 /Duplex 07- 725 - 1300 - 720300 S 9,780.00 Later Development Fee 12 units @ $815.00 /Unit Gals. @ $850.81/1000 GPD peak 07 -720 -1900- 800100 $ 260.00 Construction Later 480.5 FF @ S0.50 /FF + 0.976 Acres @ $20.00 /Acre Fire Eydrant Location -Fee. 07 -720 -1900- 800300 $ n/ a S31.00 for the first 5 hydrants +$ 3.00 for each additional hydrant Public Works Cash Bonds and Deposits OS- 800 - 1100 - 600400 S n/ Other $ n/a TOTAL DUE CITY $ 19 '118.00 NOTE: (1) All deferred fees are payable at the rate in effect at time of pa}rner.t. Accep`.ed by: Date: J598 PAGE 13 4 SECTION 8 That the following are the estimated amounts of costs to be borne by the respec- tive parties hereto, and it is further ._nderstood and agreed that said amounts are estimated only and are subject to final determination upon completion of the work. FACILITY DEVELOPMENT COST Engineering Map Checks a) Subdivisions $!90.00 + $3.0(./lot S n/a Parcel Splits $83.00 + S3.00 /lot number of lots b) Miscellaneous Engineering Service $ 62.00 2 hours x $31.00 /hr c) Public Works Microfilming $ 15.00 3 sheets x $5.00 /sheet d) Wood Pole Mounted Electrolier $ 2,903.00 580,5 FF @ $5.00 /FF e) Engineering Plan Check and Ins DE -ctlon 5% of the Cost of Public Improvements 57 x $ 21,465.00 f) Storm Development Fees 0. 976 Acres @ $ 2 , 310. 00/Acre Acres @ $ /Acre g) Front Foot ,rater Fee FF @ $ IFF h) Front Foot Sewer Fee FF @ $ /FF i) Street Improvements Includes pavement, curb & gutter, sidewalk, electroliers, fire hydrants, etc. (See Cost Schedule for breakdown.) j) Front Foot Storm Drain Fee 190.00FF @ $ 14.58/FF -3- $ 1,073.00 $ 2,255.00 $ n/a $ n/a S By Developer $ 2,770.00 k) Water Development Fee 12 nits @ SE15.00 /Unit 1) Construction Water 480.5 LF @ $0.50 /FF + 0.976 Acres @ :20.00 /Acre m) Fire Hvdrant Location Fee $31.00 for first five hydrants + 3.00 for each additional hydrants n) Sewer Development Fee 6 Duplexes at 1650 /Duplex o) Public Works Cash Bonds and Deposits p) Other TOTAL DUE CITY J 59SPAGE1375 $ 9,780.00 $ 260.00 S n/a $ w /Building Permit n/a $ n/a $ 19,118.00 IN WITNESS WFEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEST : i City Clerk 1 i qty Attorney CITY OF GILROY 64, � avor C'ty A ministrator �_- BY � � 1 BY DATE `� „L� �7 /�l /c z�i ��_Cc•��sa� NOTE: If Developer is a corporation, the complete legal name and &rporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. )T -, -+- / r CAT. NN00631 TO 1947 CA (1- 83) (Attornev in Fact Individual) STATE OF CALL "ORN COI N '1' 01' On `L J TICOR TITLE INSURANCE } SS. J 528FNoE13'7G me, tl}F_unq�rsigned, a Notary public in and for It sal State, personally appealed f�(a�t/QttY� Gf/�LLLQil7� x personally known to me or proved to me on the basis of satisfa W Q1fi subscribed to the within ' str mpntt as J if i/% fto IL the Attorney _in fact of 41/ /Ve and knowled d u that _ FA c subscribed the name of thereto as principal and J own name _ as Attorney in fact. Wl "1'NESS my and nd official seal. Signature AT. NO. NNO0627 W r W X W J L < w • evidence to be the person whose name TO ,944 CA (1 -83) TICOR TITLE INSURANCE (Individual) i i t� f W a, W X W J IL F (A W m W I W J L m STATE OF CALIF RNI CO NTY OF SS' On S� e or5 me, c undersigned,�a Notary public and for satd ate, persot�lly appeared L� ` L/ , personally known to me or proved to me on the basis of satisfacto y evidence to be ;he person whose namr'� subs r bed to the within instrument and acknowledged that exe- cuted the same. WITNESS and official seal. Sign e CAT. NO. NNO0631 TO 1947 CA (1- 83) (Attornev in Fact - Individual) J TICOR TITLE INSURANCE STATE, OF CALIF RN1 C0UNTV 01 if ' - 0�'a'i a' ) } SS. On 7�r efor e he undersigned, a Notary public in and for said St personally appeared % personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name subscribed t the Zvi -hi tg¢�rumeppt� as the Attorney _in fact of k L,& :s� /OJ-, ifzb and : ckno ledg'd t � tha - subscribed the name of /�D thereto as principal and own name _ as Attorney in fact. WITNESS my hand 0rfid official seal. � Signature CAT. NO. NNO0631 TO 1947 CA (1 - 83) (Attorney in Fact- Individual) STATE. OF CALIF RN1z COt.'N' "Y Ol / SS' / /9 On before me, the said Statc, personally appeared ! n persuna l} known to me or proved to me on the basis of satisfactor} �3 subscribed the with instrument as the Attorney _in fact of 1 and kn wI d to me that subscribed the name of y �� thereto as principal and own name _ as Attorney in fact. NVITNI {SS h d and official seal._ Signat (This area for official notarial seal) J TICOR TITLE INSURANCE d, a Notary public in and for evidence to be the son whose name (This area for official notarial sea)) I