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Mondelli, Mike - PDA No. 91-31Su':anne E. Steinmetz,City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 RTY 11013245 NO FEE PER GC SEC 27383 NQ Ft: t: ILI DEVELOPMENT AGREEMENT 6) COMMERCIAL, INDUSTRIAL, INSTITUTIONAL 49 �I L :Y rn x t � AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM 91 -31 DRAINS AND OTHER PUBLIC WORKS FACILITIES No. ri This agreement made and entered into this 5th day of August called the 19 91 , by and between the City of Gilroy, a municipal corporati.ona reallproperty owner "City and Mike Mondelli 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: Eighth Street, 4 -unit apartment APN 841 -011 -047 423 East Eighth Streatd, 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. C. CD (,rl N CJ"7 n t) r- d. To construct and improve all public works facilities and other improvements as set out herein, accordirlk, to the standards heretofore established, and accor(ling to the grades, plans and specifications thereof, all ns 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 $ 10,500.00 , and the other shall be executed in an amount rlo less than of the above mentioned bond and shall secure pavment to the contractor, his subcontractors and to persons rentink, 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 a1TlOUllt 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 9 thereof to be due under the terms rind 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. t 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 obl.igatlons 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 StatF, of California or the Codes, Ordinances, Rcr;o lilt i.ons 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 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 sepnrntely to each parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement. L8 1 rte_ SECTION 8 The Developer will pay for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity not to exceed: Peak water use not to exceed: 4 UNITS 4 UNITS 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. SECTION 10 That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY -3- $ 13,614.53 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. r , der « �a = C ty c� PROVED: % City Atto DEVELOPER BY Bf 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. ALL- PURPASE ACKNOWLEDGMENT California State of County of Santa Clara July 30, 1991 PATRICIA K. BENTSON On before me, (name, title of officer), personally appeared MICHAEL J. MONDELLI 6 personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. • and official Ar -. fr, • • -. 1 ' Signature ' l.!... r..././✓. l-/✓✓ l! Jl./ l✓_ l_./_-/_ II_../ l_./_✓_. l./_ l./_✓_✓_ lJ_. lIl./ lI_ I./../ ll ll_ I_✓_ ../1.../.../J.Y_I_l_l./ll_J./_! - - t�l• r' �TiTI\Tf�Sr��= i=iw7.7Twi�n•icue� -4- NO 209 CAPACITy CLAIMED BY SIGNER a INDIVIDUAL(S) NING FOR ONESELF/THEMSELVES CORPORATE ❑ OFFICER(S) TITLES) COMPANY PARTNER(S) PARTNERSHIP ❑ATTORNEY- INTACT PRINCIPALS) TRUSTEE(S) TRUST OTHER TITLE(S) TITLES) ENTITY(IES) REPRESENTED IW ENTITY(IES) REPRESENTED Remmet Ave. • P.O. Box 7184 • Canoga Park, CA Location of Property_ Assessor's Parcel No. Name of Applicant Address Type of Development P Area 0.28 ac. CITY OF GILROY DEVELOPMENT COST SCHEDULE S 1 P=_ =f °_, No. 91 -31 Date 7/19/91 Initialed MF Eighth Street, 350' East of Chestnut 841 - 011 -047 Mike Mondelli 5565 Christine Court, Gilroy Phone roposed 4 -unit apartment Storm Drain Area Street Frontage 122 L.F. Special Public Works Services Engineering Map Check for lots Final Maps $2,058.00 + $274.00/lot Parcel Maps $437.00 + $212.00 /lot Reapportionment (Assessment Dist. Parcels) First Two $499.00 + $131.00 /ea additnl Miscellaneous Engineering Services 5 hours x $70.00 /hr Public Works Microfilming (Maps and Plans) 1 - 6 sheets $136.00 + $6.00 /sheet 7 -12 sheets $174.00 + $6.00 /sheet 13 -18 sheets $212.00 + $6.00 /sheet number of sheets Engineering Plan Check and Inspection Cost of Public Improvements 10% of first $100,000 8% of $100,000 - $200,000 7% of over $200,000 Fire Hydrant Location Fee = 1,050.00 $40.63 for the first 5 hydrants +$ 4.07 for each additional hydrant 100 - 2600 -3- 600400 $ 350.00 $ N/A $ N/A $ 350.00 $ N/A 100 - 2600 -3- 600412 $1,050.00 $ 10,500.00 $ N/A Storm Development Fee /FF Area "A" $2,166.82/Acre Area "A -1" $4,319.36/Acre Area "B" $2,029.66 /Acre Area "C" $3,456.49/Acre Area "D" $2,143.86/Acre Area "E" $1,615.13 /Acre Area "F" $2,982.74/Acre Area "Q" $2,711.81 /Acre Area "R" $1,356.37/Acre 0.28 Acres @$ 2,711.81 /Acre Front Foot water - inch diameter 420 - 2600 -3- 680200 $ 420- 2600 -3- 680200 $ 421 - 2600 -3- 680200 $ 422 - 2600 -3- 680200 $ 423 - 2600 -3- 680200 $ 424 - 2600 -3- 680200 $ 425 - 2600 -3- 680200 $ 426 - 2600 -3- 680200 $ 759.31 427 - 2600 -3- 680200 $ 430 - 2600 -3- 680400 $ N/A or 801 - 2680 -3- 680000 $ FF @$ /FF Fire Hydrant Resident FF @ $ 3.05 /FF = $ Comm & Ind. FF @ $ 4.07 /FF = $ Front Foot Sewer - 8" inch diameter 430 - 2600 -3- 680500 $ or 801 - 2680 -3- 680000 $1.205.82 99 FF @$ 12.18 /FF Front Foot Street Improvements 430 - 2600 -3- 680600 $ N/A or 801 - 2680 -3- 680000 $ Pavement SF @ $ /SF = $ Curb & gutter FF @ $13.29/FF = $ Sidewalk SF @ $ 4.10 /SF = $ Gal. /wood Pole Electrolier & Conduit FF @ $ 9.23/FF = $ Front Foot Storm Drain - inch diameter 430 - 2600 -3- 680700 $ N/A or 801 - 2680 -3- 680000 $ FF @$ /FF utility Underground Fees 17 FF @ $109.35/FF Santa Teresa Improvements Units @ $1,574.54 /Dwelling Unit Sewer Development Fee 4 Units @ $ 902.00 /Unit (Apt) 431 - 2600 -3- 680300 $ 1,858.95 433 - 2600 -3- 681000 $ N/A 435 - 2600 -3- 671000 $ 3,608.00 Gals. @ $547.00/100 GPD, (Comm /Ind) or $1,308.00 whichever is greater water Development Fee 436 - 2600 -3- 695000 $ 4,300.00 4 Units @ $1,075.00 /Unit (Res) Gals. @ $1,123.00/1000 GPD peak (Comm /Ind) water User Fee (Construction water) 720 - 0433 -3- 690000 $ 482.45 122 FF @ $3.44/FF + 0.28 Acres @ $224.19 /Acre Public works Cash Bonds and Deposits 801 - 2680 -3- 680000 $15,750.00 Other Other TOTAL DUE CITY $13,614.53 NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time Building Permits are issued. The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference. * Not included in total. Accepted by. o Date: % ---3© C SEVr N7 12SRSE 159.60 ST. 2SR6E c' EIGHTH ST. VICINITY MAP EXHIBIT A- No. 91 -31 LANDS OF MONDELLI 423 EAST EIGHTH STREET A.P.N. 841 -011 -047 ° 55 �I 56 2 m c~n GILROY UNIFIErD S.D. I 16339 3 57 °lo ELIOT S CHOC L - - - - 2 _ 4 58 ' o• I = 3. 75 Ac. 2 --- ---- -- ct 5 59 ° o _ > b 60 x6_3_38 � N O/ �-Ptoc9LO B I PCL. A,00, I �c e 3 3iy �� G M I 63 162 f-- oEEO A 1 � a cn W S� -rte 0 lz pM 43 , 29 47 29 S 4 ,M,33 3 J EIGHTH ST. VICINITY MAP EXHIBIT A- No. 91 -31 LANDS OF MONDELLI 423 EAST EIGHTH STREET A.P.N. 841 -011 -047