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Pan Tempo Properties, Inc. - PDA No. 94-060 tED MA 1221 922 � C3 LW t- Cl [ua PROPERTY DEVELOPMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 94 -06 This agreement made and entered into this 23rd day of May 19 94 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and Pan Tempo Properties, Inc. , 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 790 -16 -063 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 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, the current Zoning Ordinance, and the currently adopted Uniform Building Code. 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. MY OF GILROY 7351 ROSANNA STREET GILROY, CA 95020 -I- -v C-) M W �F m No. 94 -06 This agreement made and entered into this 23rd day of May 19 94 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and Pan Tempo Properties, Inc. , 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 790 -16 -063 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 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, the current Zoning Ordinance, and the currently adopted Uniform Building Code. 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. MY OF GILROY 7351 ROSANNA STREET GILROY, CA 95020 -I- -v C-) M W 4 61 PAGE 0732 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. 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 furnish two (2) good and sufficient bonds. one shall be executed in the face amount of no less than $ 17,150.00 , and the other shall be executed in an amount no less than 50% 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 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 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. -2- 467PAGE0733 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 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 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 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 separately to each parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement. SECTION 8 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. -3- N4 6 7 PAGE 0734 SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY S 3,376.03 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATT Susanne E. Steinmetz, At, erk BY r ty Administrator R Pan Tempo Properties, Inc. FORM APPROVED: BY DATE �"L4PvJtt C` t YJ 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. -4- N4 67PAGE3735 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 5193 State of 6%✓ County of On `� 1`f before me,:.! a% fa gip` DATE AME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) „2 p rsonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /a+e- subscribed to the within instrument and ac- Dawn F19; k a­1 s-k—e knowledged to me that he /a4i� executed V COMM. #996301 ^r3� the same in his /hs�#ir authorized -• NOTARY PUBLIC OUNTYRNIA0 Ca acit IeS and that b his /i9'e1°f<fi rir SAN DIEGO COUNTY n p y ( ) , y Comm Expires June 3. 1997 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. my hand and official seal. C3 Ct C SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 F oc c e�� it O f d 4 6 7PAGE0736 � N ` �G O� O, wor i �44 i3I65/24 �1 I1 ti3 6 4 / 5 5 1 ` ' � qp 'i .Ave. - -J L �� - - -- — 'r 35x142 ]on n 3, v a 320 / 8 9 55 1 7 4 29a V C ;. 122 r 2 9/ 2 3 0 4 r r r 1 +sMctParkr -4 7' � Z k � � y r -Las' Animos Par1� - - -, - 1� '4 all \A\ r o Fkµ1P,,r A VICINITY SITE MAP Project No. 94 -06 Pan Tempo Properties, Inc. 99i3�� ✓ j: G ME v T T N467PAGE3737 CITY OF GILROY No. 94 -06 DEPARTMENT OF PUBLIC WORKS ------- - - - - -- DEVELOPMENT COST SCHEDULE Date 31- Jan -94 FINAL ESTIMATE ------- - - - - -- Prepared by M. Fachin NOTE: This 100 % cost schedule has been adjusted to the rates in effect at the time Building Permits were issued. Location of Property RONAN AVE /WREN AVE -------------------------------------- Assessor's Parcel No. 790 -16 -063 -------------------------------------- Name of Applicant Pan Tempo Properties -------------------------------------- Mailing Address 17505 Monterey Road, Morgan Hill 95037 Special Public Works Services Maps: Final Parcel $3,025.00 + $1,070.00 + $50.00 /lot $100.00 /lot 100 - 2600 -3- 600400 $0.00 100% $0.00 Reapportionment (Assessment District Parcels) $1,767.00 + $100.00 /lot Administration Fees: Country Estates Water System (Not Included) Country Estates Sewer Trunk Main (Not Included) Northwest Quadrant Sewer Trunk Main (Not Included) COST SCHEDULE (1) N $0.00 N $0.00 N $0.00 $0.00 $0.00 $0.00 (Number of Reimbursements and credits: Site Information: Units /Sq Ft) • Country Estates Water System? N Single Family Res units? 0 • Country Estates Sewer System? N High Density Res units? 0 • Northwest Quadrant Sewer? N High Traffic Commercial? 0 • Obata Industrial Park Credit? N Low Traffic Commercial? 0 N General Industrial? 0 Commercial /Industrial Allocations: N Warehouse Industrial? 0 • Sewer Allocation GPD 0 Common Area? 0 • Water Allocation GPD 0 N Assembly Hall? B Storm Basin No. Lots 4 Number of Lots Used in Estimate 4 Total Area 0.556 Acres Number of Acres Used in Estimate 0.556 Actual FF 240.00 Feet Front Footage used for FF Charges 240.00 Front Footage used for Cost of Improvements and Const Water 0.00 Special Public Works Services Maps: Final Parcel $3,025.00 + $1,070.00 + $50.00 /lot $100.00 /lot 100 - 2600 -3- 600400 $0.00 100% $0.00 Reapportionment (Assessment District Parcels) $1,767.00 + $100.00 /lot Administration Fees: Country Estates Water System (Not Included) Country Estates Sewer Trunk Main (Not Included) Northwest Quadrant Sewer Trunk Main (Not Included) COST SCHEDULE (1) N $0.00 N $0.00 N $0.00 $0.00 $0.00 $0.00 N4 6 7 PAGE 0738 Miscellaneous Engineering Services: (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) 2 hr Misc Services $77.00 /hr. N $0.00 Public Works Microfilming (Maps and Plans): 1- 6 sht $149.94 + $6.62 /sheet $0.00 7 -12 sht $191.84 + $6.62 /sheet $0.00 13 -18 sht $233.73 + $6.62 /sheet $0.00 # of Shts 0 Engring Plan Check and Inspection 100 - 2600 -3- 600412 $2,221.58 (Based on total cost of public ------ - - - - -- right -of -way improvements) 100% $2,221.58 6 hr Onsite grading $77.00 /hr. Y $462.00 Offsite Improvements to be Bonded $17,150 Actual Cost of Public Improvements $17,150 10% of first $100,000 $1,715.00 8% of $100,000 to $200,000 $0.00 7% of over $200,000 $0.00 Fire Hydrant Location Fee Number of Fire Hydrants 1 Fst Five $44.58 + $4.46 /ea additional $44.58 Storm Drain Development Fee 42X- 2600 -3- 680200 100% Zone A $2,216.82 /acre Y $0.00 Zone A -1 $4,418.71 /acre Y $0.00 Zone B $2,076.34 /acre Y $1,154.45 Zone C $3,535.99 /acre Y $0.00 Zone D $2,193.17 /acre Y $0.00 Zone E $1,652.28 /acre Y $0.00 Zone F $3,051.34 /acre Y $0.00 Zone Q $2,774.18 /acre Y $0.00 Zone R $1,387.57 /acre Y $0.00 Obata Industrial Park Credits Obata Fee Credit $1,170.00 /acre Y $0.00 COST SCHEDULE (2) $1,154.45 $1,154.45 ' , . • Water'Development Fee a.Single Family Residential: $1,075.00 / dewelling unit b.Commercial /Industrial: 4 G 7PGE0 f 39 436 - 2600 -3- 695000 $0.00 100% $0.00 Y $0.00 $2,373.00 / 1,000 gals. /day or Y $0.00 $1,561.00 , whichever is greater =------ - - - - -- c.Additional allocation for existing service that does not 100% of water development fee have a water allocation agreement: Y/N N Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154.00 /acre $0.00 Water User Fee (Construction) $2.58 / f.f. + Bonds and Securities * Not included in TOTAL DUE TOTAL DUE CITY $3,376.03 -------- - - - - -- 100% $3,376.03 720 - 0433 -3- 690000 $168.14 /a.c. 801 - 0000 -2- 229015 N $0.00 100% $0.00 * $25,725 (est) 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. Accepted by: ?�-�C'4 Date: �'�,41 COST SCHEDULE (0) '3