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Super 8 Motel - PDA No. 85-44NO FEE per GC Sec. 6013 J 5 9� Ass 1 2 2 0 Susanne E. Steinmetz,City Cler K 1 U[ City of Gilroy 7351 Rosanna St. u y(, 1r`i�. Gilroy, CA 95020 Itn11%U fY III \'I I.( I'tII N 1 M:R17 ,II;N 1' �J.7ti`t 1 -fd� „l,�r'�� COMMI.R( I \I., Ihlll ":Il lnl., IN':l l I'll IMIA1, AGRI•JIM NI 1.()R l;(1 I I r I) I I I(I ItUI I ON SYS CFMS : I M PI? OVFP'F,N I' OF S I F!:1; I S: I I:`-' I e \1,1,11 l I (I II OI. SIv:WI RS , sTORr1 DRAINS Atli) 01111 -R 1'I'RI.IC lJ "l {:r I, ^(CII,I111'•S No. 85 -44 This agteenuCnt made an(1 entered into this 4th day of November 19 85 by and between the City cf (:iltov, a m(Inicipnl corporation, herein called the "Cityr and SUPER 8 MOTELS INC. I a real property Owner It developer or subdivider, herein cal led the l)rvc'1('per , WHEREAS, 1 final map of sub(livisirn, to -ot(I Of survey Or building, hermit (Site Clearance) application has now been submitted to the City for approval and acceptance, Covering certain real estate known as and called: Assessor's Parcel No. 835 -04 -055 anti, WHEREAS, the Developer requires certain utilities .•rn(i public works facilities in order to service the property under the mininurm standards established by tit(, (,itv anti, WHEREAS, the City, by 111d tllrougll its City C( until, has enacted certain Coles, Ordinances and Resolutions nn(1 cettain Rules nn(I Rr)'ulntions have been promulgated concerning the subject matter of this npieemellt anti, WHEREAS, the City II•ts certain tesponsibi.litirs For maintenance and Operntion of such utilities and public service facilities after ncceptance by City, and for providing the necessary connecting system, pener;11 Plant and appurtenances, and the City is agreeing to dischatge those responsibilities, NOW "IIIF.RF•FOItF., in cons idernt iOn of tit(- pt emi ses and in order to entry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION I That all Codes, M(lirinnces, Resolutions, Rul'•s :u)d Regulations and established policies of the City and the laws of the State of (;nIifornia concerning the subject matter of this agreement are hereby referted to anti incorporated herein to the same effect as if they were set Out nt length herein. Said Codes, Ordinances and Regulations include, but are net limitod t(,, the Followinn: the Code of the ('iry of Gilroy (including but net limited to Chapt(�rs 1211, 19, 20, 21 Res, 85 -9 and 76 -47, thereof pertaining to 1()(7.11 improvement ptocrdutcs ill suhdivision or develcpnlent respectfully): Otdinnncf, NO. 83 -15 (7.oniug Otd,): ResOlntion 85 -5 (1982 l!niform Building Code): Rules and Regulations. Included in the ahove are all of the above referred to Coles, Ordinances, Resolutions, Regulations and Substitutions thereof, as amended to the time of execution of this ngreement. SF.CIION 7 The Developer ng.rees: a. io perform each and evr'ry I'to,•i..:i('n tC(luir -:•d by the City to br• per for ,f,d by the Dcv••lopet in [Aril and vvf'ry une of said (:0(1e:;, Ordinances and other Repul.rt i(,n :, b. iv };t ant to the City withortt rhnr }'r, ftrr ani encurnbtances, any and all ,tipc:l.-Ite(i 0,1, cats in and to his said real pr' I'rtty nF'cess'It fcr that its water, electricty, in(I r sew r lines real I' toperty (I 1.•ty be extrn(le(I, clear of and rights of wnv the City in order in Or to said C. to i lid crinliIV and hold the City 11 11 I'll ;;s nod Fire from all damnpe and liability clone to nnv utility, p(Il"lic facility or other a mterial o inst :,IIat i 'n of tit(. ('ily on Aid Ienl estate which the De•;e loprt or an': cant r tot of the Drvc 101'([, nt Any r'npI "t re th' r f haI I I'• 111 grndtag qt worl(in{, upon said teal rst.�tr, J 5iGmE1221 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 Entineer, and shall furnish two (2) good and sufficient bonds. One shall be executed in the face amount of no less than $ 27, 552.70 , and the other shall be executed in an amount no less than 5 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 hereinnhove 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 bend 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. SFCTInN Q 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. SECTInN s 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. SFCTInN A 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. SFCTInN 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- J 5iGmtE1222 SEXTION 8 The Developer will pay for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity riot to exceed: 2700 P.al per day. Peak water use riot to exceed: 8100 gal per day. The City will attempt to provide additional capacity at the then current rate. If additional capacity is riot 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 bv: a. Installing and maintaining a sewer- effluent meter. Said meter shall meet City Standards and specifications, or b. Measuring the buildings water consumption through the water meter. Irrigation meters are required. SECTION 9 That the following are the estimated amounts of costs to be borne by the respec- tive parties hereto, and it is further understood and agreed that said amounts are estimated only and are subject to final determination upon completion of the work. FACILITY Engineering Map Checks a) Subdivisions $i90.00 + $3.00 /lot Parcel Splits $83.00 + $3.00 /lot number of lots b) Miscellaneous Engineering Service 2 hours x $31.00 /hr c) Public Works Microfilming sheets x $5.00 /sheet d) Wood Pole Mounted Electrolier FF @ $5.00 /FF e) Engineering Plan Check and Inspection 5% of the Cost of Public Improvements 5% x $ 27,552.70 f) Storm Development Fees 1.102Acres @ $ 2,770.00'Acre Acres @ $ /Acre -t - DEVELOPMENT COST $ n/a $ 62.00 n/a $ n/a 1.378.00 3,053.00 F) Front Foot Writ(,r Fee 3U FF (d S 13. 50 /FF h) Front Foot Sewer Fee 20 FF @ $ 9. 82 /FF i) Street Improvements Includes pavement, curb S Rutter, sidewalk, electroliers, fire hydrants, etc. (See Cost Schedule for breakdown.) j) Front Foot Storm Drain Fee J 5JGmGE1223 405.00 196.00 By Developer $ n/a p) Other TOTAL DUE CITY $ 22,374.00 PENALTY: Overuse of sewer and water allocations shall be perialized under the Rules and Regulations adopted by the Gilroy City Council. —Is - FF @ $ /FF k) Water Development Fee $ 6,892.00 8100 Gal. @ $850.81/1000 GPD peak 1) Construction Water $ 97.00 150 LF @ $0.50 /FF + 1.102 Acres @ $20.00 /Acre m) Fire Hydrant Location Fee $ 31.00 $31.00 for first five hydrants + 3.00 for each additional 2 hydrants n) Sewer Development Fee $ 10,260.00 _2700 GPD @ $380/100 GPD. , o) Public Works Cash [fonds and $ Deposits p) Other TOTAL DUE CITY $ 22,374.00 PENALTY: Overuse of sewer and water allocations shall be perialized under the Rules and Regulations adopted by the Gilroy City Council. —Is - J 5i6PnsE1224 IN WITNESS WHEREOF, said patties have caused these presents to be executed the date and year first above written. AT r: i City Clerk CITY OF GILROY 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 BY NOTARY STATE OF CALIFORNIA ) ss. COUNTY OF SAN MATEO ) On this :�, I S 1- day of 0 C 4c) �7-e, . ; n t-hr, year ICI 5j S` before me the undersigned, a Notary Pu is for the State of California, personally appeared (Z- C C CE� E T U) C jC I- I?-- personally known to me en- the -haa= �f- its €aet ©rte evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. J ? Signature nd Title of Official taking Acknowledgment -5- OFFICIAL rAL ' >. EETTY H. KE NOTAR"t PUBLIC C,AUHOI;NIA A `." SAN MATF.r CO :NTY Expires Scpt 19, 1989 h1y Comm. J ? Signature nd Title of Official taking Acknowledgment -5- K i r = / y T EXHIBIT A SUPER 8 MOTEL J 516PacE1225 5 -1 T & • O 1 o� STIPULATIONS SUPER 8 MOTELS, INC. AGREEMENT #85 -44 J516PQsE1226 1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. 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. All fees shall be paid at the rates in effect at that time. 5. Before construction utilizing combustible mat weather access must be provided to within 150 and at least one in service fire hydrant must feet of each portion of the site wherein this place. Location of the fire hydrants will be Chief. srials may proceed, an all feet of the building site; be available within 500 construction is to take determined by the Fire 6. This agreement shall run with the land and be binding upon any successors in interest. 7. The assignment of the agreement by the developer to another party shall require prior approval of the City Council. 8. Developer will be reimbursed for 1/2 of the sewer and water mains at the time of development of the parcel(s) on the east side of San Ysidro. Reimbursements are not to exceed 10 years from the date of this agreement. - Accepted by: Title: Date: J 516 PaGE 1.2 2'7 RE FEE \ �l A ".1F - i ;0 ' � J 5..i 6 PaGE 12 2,4 _ S CG�.�.' 00-M