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Raisch Investment Group - PDA No. 92-42Susanne E. Steinmetz, City Clei City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (0 nui uuwun O ��/ z ti C-) _ QQ H 5 5 9 N` ;GE 1566 PROPERTY DEVELOPMENT AGREEMENT TED MP COMMERCIAL, INDUSTRIAL, INSTITUTIONAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES 1170783C No. 92 -42 This agreement made and entered into this 21st day of December 19 92 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and Raisch Investment Group, Ltd. 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: Parcels 1 & 2, Bk. 604, pages 45 & 46; Parcel 2, Bk. 561, page 46 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. 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 which1 ? the Developer or any contractor or subcontractor of the 1 I % O Developer, or any employee thereof, shall do in grading or working unnn said real estate. r C �F `� m Z Cs .. ��r �� � �' X 8 PCOR 55' . L( 0 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 $ 5,000 , 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. 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. -2- Im559 P ,aG -a I �—)6u8 SECTION 8 The Developer will pay for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity not to exceed: (per previous agreement) Peak water use not to exceed: (per previous agreement) 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 Isis $2,019.40 N553 U- 569 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. Susarfike' E. Stenmetz FORM APPROVED: v � City Attorney Linda A. Callon GILROY CITY M 4&4 Mayo _Be F. Gage Cit Administrator Jay a DEVELOPER Raisch Investment Group, Ltd., a California Corporation By La nce J. Klamecki BY 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. CORPORATE ACKNOWLEDGMENT : F• : .••••..•.•• ..•••.••..•••.••..••..•...••... State of California ,- SS. County of 1,'N. �'t � IC-A -1 j�� � J�FrCfR. it SAi1TA CLARA` C011'i Y NiY COMM. EXP. JULY 23, 1193 nar_'�'i .......................................... .....................•.......•. On this the---,4.' he -,f -I day of �L. f( it,`�' i 19—K-,, before me, the undersigned Notary Public, personally appeared I K.personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as or on behalf of the corporation therein named, and 'acknowledged to me that the corporation executed it. WITNESS my hand and official seal. n { Ne ....... ............................... ry's Signature ...................... —4— 5 5' iGii PACHECp o� ✓�' 36S13i B ILDI(�GS \ gt z < m D �o r z (enth \ m B I'll es TE n F% Stutz W v. 4t) ° J U N 0 A 1 P o / 1 M T 320/37 r 314/13 M 9? 19 7/5 3 I \\ Exhibit A Vicinity Site Map Development Agreement 92 -42