Arcadia Development CompanyI*
PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENS I OfIS OF WATER DISTRIBUTION SYSTEMS :
IMPROVEMENT OF STREETS; 114STALLATION OF SEVERS, STORM
DRAIWS AND OTHER PUBLIC :lORKS FACILITIES
This agreement made and entered into this 7th day of November ,
1974 , by and between the City of Gilroy, a municipal corporation, herein called
the `City" and _ Arcadia Development Co. , a real property owner,
developer or subdivider, herein called the "Developer ".
WITNESSETH:
!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:
Hidden GIgn Tract SS63 and,
4IHEREAS, the Developer requires certain utilities and public works facili-
ties 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,
VIHEREAS, 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 consijeratiors 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 I
That all Codes, Ordinances, Resolutions, Rules and Regulations and
established policies of the City and the laws of the State of California concern-
ing 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, 1), 20, 21
and Res. 1474, thereof pertaining to local improvement procedures in subdivision
or development respectively); Ordinance Sao. 602 (Subdivision Procedure, etc.)Ordi-
nance No. 711 (zoning Ord.); Ordinance No. 6`%5 0907 Uniform Building Code); Rules
and Regulations. Included in the above are all of the above referred to Codes,
Ordinances, Resolutions, Regulations and Substitutions therefor, as amended to
the time of execution of this agreement.
1. 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, electricity
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 improve-
ments as set out herein, according to the standards heretofore estab-
lished, 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, each of which shall be executed in the face amount of
no less than $ 443,000 and one of which bonds shall
guarantee that faithful performance of this agreement and the other said
bond 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 11612 of the
Business and Professions Code of the State of California, the Codes,
Ordinances, Resolutions and Regulations of the City, and this agreement.
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, except costs to be borne by the City, shown in Section 7 there-
of 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
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 here-
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under 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 or
Regulations of the City, in the event of any such default by Developer.
SECTION 7
That the following are the estimated amounts of costs to be borne by the
respective 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.
BALANCE
. FACE ILITY DEVELOPMENT COSTS CITY'S COSTS DUE CITY
a. Easements S. Rights -of -way
"On Site ", $ 100% $ -0-
b. Easements S Rights -of -way
"Off Site ", $ 1000 $ -0-
c. Street Paving $ 9,708.24 $ 4,537.08 $5,171.16
See Calculation Sheet
d. Street Curbing; see City
Code Sec.26 -12, Table If $ 1,562.75 $ -0- $1,562.75
665 LF @ 2.35/LF
e. Sidewalks; see City Code,
Sec. 26 -12, Table 11 $ 100%
f. Street Name Signs; see City
Code, Sec. 26 -12, Table 11 $__ lnn� $ -0-
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g. Street Tree Planting
Parkway Improvements$,
City Code,
100%
h. Street Lighting;
$ 100%
i . Vater "On Site" $ 3,640.80 $__��8_,.00 $3,072.80
See Calcualtion Sheet
j. '!ater "Off Site" $ 9,856.80 _ $ -o- $9,856.80
See Calculation Sheet
k. Sanitary Sewer "On Site''
$ 2,385.85 $......._r.0'
See Calculation Sheet
1. Sanitary Sewer, "Off Site' $ In Bldg_ Permit $ --0- In Rldq Parm.
See Calculation Sheet
m. Storm Drains On Site
$8,904.00 i $ -o- $8,Qo.4.ao
See Calculation Sheet
n. Storm Drains, Off Site $18,481.51 $ -0- $18,481.51
See Calculation Sheet
o. Engineering, Inspection
Plan Check 3.5 x $443,000
$ 15,505.00 $
TOTAL $ 70,044.95 $ 5,105.08
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$15,505.00
$64,939.87
DUE CITY 3Y DEVELOPER $ 64,939.87
DUE DEVELOPER BY CITY $ -0-
111 WITNESS !•!HEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
c J—) 2,za a 1'�
City Clerk
FORM APPROVED:
CITY OF GILROY
MOTE: 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.
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A
' Hidden Glen Tract 5563
Stipulations
1. The owners agree to dedicate and improve all public Right of Way within
the tract boundary and construct utilities outside the tract boundary
as required to service the subdivision and shown on the improvement
plans.
2. The City agrees to reimburse the developer for all utilities installed
by him outside the tract boundary should parties other than the present
developer continue the subdivision. Said reimbursement shall be limited
to the prevailing rate at the time of construction. This stipulation
shall expire ten years from the date of execution.
3. The owner will lower the existing water main where necessary on Miller
Avenue at no cost to the City. No charges for existing water main will
be levied in the area of water main adjustment.
4. The owner shall comply with all requirements established by the
Planning Commission as outlined by the minutes of said Commission.
5. The owner shall provide one inch water meters to each lot within the
subdivision.
6. The City will participate in the required one inch asphalt overlay
in Miller Avenue. Participation shall be limited to $0.10 /SF for
a total of 809.02 LF x 4o = 32360.80 SF. The developer will pay
the City for existing street improvements.
j
Hidden Glen Tract 5563
Calculation Sheet
Total Area: 27.38 Acres
Hidden Glen Model Lots 105 -115
2.643 1. Existing
Water:
1. 142 LF Existing @ 4.00 /FF (8" size)
2. 2.643 AC @ 360/AC
Sewer:
1. 115 LF @ 2.50 /LF (8" size)
2. 160 /1-ot paid with building permit
Storm:
1. None
2. 2.643 AC @ 675.00/AC
Streets:
Credit 1270 SF @ .60 /SF
Credit 2695 SF @ .20 /SF
Engineering & Inspection:
38,000 public improvements
2. Area Fees
568.00
951.48
287.50
1784.03
CR 762.00
CR 539.00
@ 3.5% 1330.00
Total Paid Previously 3620.01
Hidden Glen Models Lots 1-105
24.737 1. Existing 2. Area Fees
Water:
1. 768.20 LF @ 4.00 /LF (8" size)
Credit 142 LF @ 4.00 /1-F (Model)
2. 24.737 AC @ 360.00 /Acre
Sewer:
1. 839.34 LF @ 2.50 (8" size)
2. 160 /1-F paid with building permit
Storm:
1. 1113 LF @ 8.00 /LF
2. 24.737 AC @ 675.00/AC
3972.80
568.00
8905.32
2098.35
8904.00
16697.48
Calculation Sheet (con't)
Streets:
1. 16,180.4 SF @ .60 /SF (Miller Ave)
2. 1/2 overlay cost credit
809.02 x 4o x .lo
Curb & Gutter:
1. 665 LF 2.35/1-F
Engineering & Inspection:
405,000 public improvements
@ 3.5%
Total Due Lots 1 -105
Total Lots 1 -115
9708.24
CR 3236.08
1562.75
14175.00
61,319.86
64,939.87
CITY OF GILROY
Development Cost Schedule
No. 74 -16
Date 10 -31 -74
Initialed
Location of property
Assessors Parcel #E
Name of Applicant Arcadia Homcs Lots 1 -104
Address
Type of Development Proposed R -1
Area 24.737 AC Storm Zone "A" = 675.00/AC
Frontage
Credit 1/2 of 1" overlay at .20 /SF
809.02 x 40 x .10 = $3,236.08
COST SCHEDULE
1.
Front
Foot
plater
Charges
67 8.,20
LF
@
4.00
/F.F. =
3072.80
2.
Front
Foot
Sewer
Charges
839.34
LF
@
2.50
/F.F. =
2098.35
3.
Front
Foot
Storm
Charges
1113
LF
@
8.00
/F.F. =
8904.00
4.
Front
Foot
Street
Improve-16180.4
SF
@
.60
/S.F. =
9708.24
ment
809.02 x 20'
5.
Front
Foot
curb &
gutter
665
LF
@
2.35
/F.F. =
1562.75
charges
6.
Area water
charge
24.737
Acres
@ 360 /Ac. =
8905.32
7. Area Offsite Storm Drain- 24.737 Acres 0 675.00 /Acre =
age Fees
8. Of f s i to San i tary Sewer Fees __L 0 a)we j j_d -
9. Recreation Fees / ^uedrooms per unit =
10. LJater Meter Charge 1" Meter (B0.00 /eat
11. Engr. Plan Check & I nsp. 3.5% x 405.000
Other
12. 1/2 overlay—credit 809.02 x 40 x .10
13. Less credit for front foot water models
14.
Total
16697.48
In bldg. Permit
In bldg. Permit
14175.00
65123.94 -
3236.08
568.00
X61,319.86
STIPULATIONS
1. Owner agrees to comply with all planning requirements. See Stipulations
-- on Development Agreement.
2. See Development Agreement for further stipulations.
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e
,ITY OF GILROY
Development Cost Schedule
No. 74 -14
Date 8 -20 -74
Initialed
Location of property
Miller Avenue
Assessors Parcel ## _
Name of Applicant Arcadia Development Co.
Address
Type of Development Proposed R -1
Area 2.643 AC Storm Zone A - 675.00/AC
Frontage 115 LF (VCP) 142 LF 8" CIP
1. Front Foot Water Charges
2. Front Foot Sewer Charges
3. Front Foot Storm Charges
4. Front Foot Street Improve
ment 1" AC Overlay
5. Front Foot curb & gutter
charges
6. Area water charge
COST SCHEDULE
14_ LF @ 4.00 /F.F.
115 LF @ 2.50 /F.F.
LF @ / F. F.
x-1270 SF @ /S. F.
2695 SF @ .20 .S.F.
0 LF @ 0 /F.F.
2.643 Acres @ 360 /Ac.
568.00
287.50
762.00 Credit
539.00 Credit
951.48
s
7.
Area Offsite Storm
Drain- 2.64_3 Acres 0 675.O0cre =
�
1784.03
age Fees
8.
Offsite Sanitary Sewer Fees e each / -
In Bldg. Permit
9.
Recreation Fees
_160
/ Bedrooms per unit=
10.
,later Meter Charge
5/8" Meter @ 45.00 =
In Bldg. Permit
11.
Engr. Man Check S
Insp. 3.5% x 38,000 =
1,330.00
Other
12.
13. --
14. .`
Total
$ 3,620.01.
STIPULATIONS
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