Arcadia Development Company (4)PROPERTY DEVELOP "LENT ArREEMENT
AGREEMENT FOR F.XTINSlnNS OF 'HATER DISTRIBUTIOr! SYSTEMS:
IMPROVEMENT OF STREET':; 171STALLATIO'I OF SEDERS, STORM
DRAI?JS Vin OTHER PUBLIC WORKS FACILITIES
This agreement made and enter ?d into this 22 day of November
1977, 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:
VHEREAS, 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 GLEN # 4 TRACT #5847 and,
WHEREAS, 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,
UHEREAS, 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:
tFrTrnid 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and
established policies of the City and the laws of the $tate of California concarn-
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. 19, 20, 21
and Res. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in
subdivision or development respectively); Ordinance rho. 602 (Subdivision Procedure,
Ord. );
etc.); Ordinance Mo. 711 (Zoning Ordinance NO. 1768 (1973 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
amaiided to the time of execution of this agreement.
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L
SECTION 2
The Developer agrees:
a. To perform each and every provision required by the City to be per-
formed by the Developer in each and every one of said Codes, Ordi-
nances 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 im-
provements 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 $ 425,-000.00 and shall guarantee the
faithfull performance of this agreement; one 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 furnisnhtnb labor or materials to them for the improve-
ment hereunder, and as provided for in Section 4200 -4210 of the
Government Code of the,.S,tate 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 cost to be borne by the City, shmgn In Section
7 thereof to be due under the terms and provisions of this agreement.
SECTIOM 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.
SECT I O'! 4
That all the provisions of this agreement and all work to be done pur-
suant to-the-terms of this agreemeht 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 re-
ferred to above, being attached hereto, are hereby incorporated herein and.
expressly made a part of this agreement.
SECTION b
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
.,:,y monies due hereunder when due shall release the City from any and all
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obligations hereunder and the City, at its election, may enforce the perfor-
mance of any provision herein ;, or any right accruing to the City or may pur-
sue any remedy whatsoever it may have under the laws of the State of Califor-
nia or the Codes, Ordinances, Resolutions or Regulations of the City, in the
event of any such default by Developer.
SECT10; 7
That the following are the estimated amounts of costs to be borne by the
r,!spective parties hereto, and it is further understood and agreed that said
amounts are estimated only and are subject of final determination upon comple-
tion of the work.
FACILITY DF.UELOME'1T COSTS CITY'S COSTS BALANCE;
a. Easements S Rights
of way ''On Site" $ 100% $ -0- $ 100%
b. casements & Rights • .
Of twat ''Off Site" $ 10(A $ -0- $ 100%
C. '.'-)tcr 'On Site $ 4,742.80 $ -0- $ 4,742.80
736.46 LF @ 6.44
Miller Ave.
J. " "ter "Off Site
$ 25,139.94 $ -0-
24.99 AC @ $1006
oversizing credit will be paid upm of project.
e. Sewer "on S 1 to ' $� 100% $ -0-
IF
. a ,.er ''Off Site"
__y_/b ding permi is
$ deferred
-3-
$ 25,139.94.
$ 100%
$ -0- $ deferred
g. Storm Drainage $ lOp $� —0— s 100$
"On Site"
h. Storm Drainage 21,691.32
"Off Site" $ 21, 691.32 $ 0� _....._.._._- s ----
24.99 AC @ 868
1. Engineering, Inspec-
tion, s Plan Check, $
4% x $ 425,000 $ 17,000 —0—
J. Street Tree —0_ $ Deferrred
Planting $ Deferred $ _
With t3uildi29
Permit
k. Construc tion Water,
Du i t Co!„ ro l b
Earthwork $891.19 $ —0— $..19
24.99 AC @ $5.65/AC
5000 LF @ .15/LF
1. Street Paving $ 100% $ —0— $--100%
n. Street Curb 6
Gutter $ 100$ $ —0 $ 100
�
loo$ $ -o- $ 100%
$
C.. St ree L .J !;n 100 e Signs $ —0— $ 100$ __
p. Fire Hydrants $ 100%
"On Site" $ 100% $ _0_
-t r
q. Street Lighting
$' 100% �y -0_ .
4 100%
DUE f.fY BY DEVELOPER $ 6,465.25 _
DUE DEVELOPER BY CITY $
HET DUE CITY
M WITNESS ifilEREOF, said parties have caused these Presents to be
executed the date and year fllrst above written,
CITY QF GILROY
ATTEST:
DEVELOPER
ARCADIA DEVELOPMENT CO.
City CIer
BY
einhard, ent
FOR AP R0V[D: C I
STATE OF CAb�FO���IF,)
COU.,.TY OF Santa Clara SS,
On this
me, d a Y o f 4_6.. �7�
said Count a otar - 19-7 ! before
Y and State, residin Y Pifi is in -and for the
personally
appeared 9 therein, duly cc�{Emissioned and sworn,
be the x inhard
known to me 'o Pe�he known to me to
' and
Jesse w, Stacy
-- Arcadia Development Co.—'
within and foregoing instrument, and kno�
the corporation y
Who executed the within instrument on behalf that executed the
therein named to me to be the persons
and acknoviled ed of said corporation
the same, and acknowledged 9 to me that such corporation exec
within instrument 9 t0 me that such corporation executed the
Board of Directors pursuant to its by -laws or a resolution of its
In Witness Whereof, I have hereunto se
official seal the day and t my hand and affixed m
Year iry�his Certific�e first above written.
: 111{{{{ I{ iillllt{{ IIIIIIiiIIIIIE{ EE{ Ii liEliIIIIEIfi {Illilllnnnnnnn {Innmr� o t d r U
MARY L. R03ERTS _= y b 1
.Y� ,.us NOTARY PUBLIC, CALIFORNIA °
i ' SA ^,TA CLARA COUNTY
�Illllllllllllflilln {III 111 {IllEllif lnif intlnit111!lIIIEIHinI dill {iE11180 E"
n and for t e Y
Count o
State of California
ADDITIn4AL STIPULATIMS AND TERMS
TO THE pESgZoa= AGREEMENT
A.RCADIA DEVELOPMENT CO. t
BETHEEN THE CITY AND DATED November 22, 1977
HIDDEN GUN TRACT #5847 '
1. The owner shall dedicate and hrprove all street right of.way within the
development and the adjusted elevation- on'Miller Avenue' between -0 +19 to
2 +00. The City will reimburse the developer for the paved transition area
beyond the centerline of the development. The reimbursement shall be for
219 lineal feet of paving 25 feet an width on the west Side of Miller Avenue.
A reimbursement of $4, 380. will be pa..id' the ' devr~lop upon' final acceptance of
the work.
2. The City will reimburse the developer for 121! water and sewer oversizing upon
final acceptance of the work.: Overslzing reinb.ursenept will be based upon,
the bid price difference between a "12" pipe and an $" pipe and shall be
cosrputed as follows
A. 12"
water main
a.
2630 IF @ $15.6011F less $10.25111F ($ "�
$5.35/LF x 263OW $14,070.50'
b.
12" Gate valves $ each @ $605,QQ less $365.00 (8 ")
$40.00 x.§ $1440.00
B. 12"
Sanitary Sewer
2584 IF @ 10.65 less 6.85 ,
$3.80 x 2584 LF;
Payments
will be based upon the actual"14"A)er ; of Lineal feet of pipe
in place
and no pther payment SW 11)6
3. The developer agrees to constrmt. a�.6' h gh masarmiry zgxmd wall along .
the rear
lot line of 'all lots which back ,up tq a Public right of way.
Sound walls
` required on MlW. enmj ''nth Street and along ,
will be i
the Was
Park Finad ric$t of way, 3 '
t '- ARCADIA tDEVELOPMENT CO
Y" ,
Eli Reinhard, ir e it
November
22, 1977 sse Stacy, Vice Reeskifent
,
DATED
SIGNATURE