Arcadia Development Company (7)PROPLIC"Y DI V1101 "PILNT AGIULMUN7
AGREE14ENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 15th day of March
19 82 , by and between the City of Gilroy, a _!iiicipal corparation, herein called
the "City" and Arcadia Development Corp. a real property owner
developer or subdivider, heTein 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:
P_rincevalle Townhomes Condominium Development Tract #6257 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,
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 premi, ,s and in order to carry on
the intent and purpose of said Codes, Ordinances, f;asulutions 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 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, 19, 20, 21
Res. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in
subdivision or development respectively): Ordinance No. 602 (Subdivision Procedure,
etc.): Ordinance No. 711(Zoning Ord.): Ordinance No. 1768 ( 1973 Uniform Building
Code): Rules and Regulations. Included in the above are all of the above referred
to Codes, Ordinances, Resollutions, Regulations and Substitutions thereof, as
amended to the time of execution of this agreement.
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, Ordin-
ances 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 $ 209,000 , 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 furnishing labor or materials to them for the improve-
ment 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.
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, shown in Section
7 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-
CFrTInm h
That all the provisions of this agreement and all work to be done pur-
suant 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 re-
ferred 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 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 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 comple-
tion of the work.
FACILITY DEVELOPMENT COST
a) Engineering Map Checks $ 271.00
Subdivisions $190.00 + $:3,00 (n)
Parcel Maps $ + $ (n)
n= Number of lots
n= 27 lots
b) Engineering Plan Check
and Inspection
5%x $ 208,618.00
c) Miscellaneous.EngLneer.
Service
No.of hours x $28.00
d) Public Works Microfilming
$5 /Sheet (Maps and Plans).
to sheets x $5 /sheet
e) Fire Hydrant Location Fee
$29.00 for the first hydrants
+ 3.00 for each additional
4 hydrants
f) Area Water Charge
Acres @ $ /Acre
Acres @ $ /Acre
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c In4li nn
56,.'0'0 . .
$ 50.00
$ Paid
9) Construction Water
1278 LF @ $0.3�,ILF +
h) Off -Site Storm Drainage
Acres @ /Acre
Acres @ /Acre
i) Front Foot Water Fee
LF @ /LF
j) Front Foot Sewer Fee
LF @ /LF
Q Front Foot Storm Drain Fee
LF @ /LF
$, 435.90
Acres @ $12 -75 /Acre
1) Street Paving
SF @ /SF
m) Curb and Gutter
LF @ IF
n) Galvanized Pole Electroliers
LF @ $ /LF
o) Electrolier Conduit
LF @ $ /LF
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$ Paid
$ Paid
$ Paid
$ Paid
. Fire-Hyrit mi
LF @ $ /LF
q) Utility Pole Mounted Electrolier
LF @ $ /LF
r) Easements and Rights of Way
"On Site"
s) Easments and Rights of Way
"Off Site"
t) Other
:, pa
$ N/A
$ 100%
$ 100%
S
DUE CITY BY DEVELOPER $ 11272.00
DUE DEVELOPER BY CITY $ -0-
NET DUE CITY $ 11272.00
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST • /y
G ✓ii�tit /G� I �
ty Clerk
FORM APPROVED
CVtly Attorney
i'
i
CITY OF GILROY
DEVELOPER
BY
o ?/.ewc�
DATE /J-. /004Y y
NOTE: If Developer is a corporation, the complete legal name and corporate seal
of the corporation and the corporate titles of the persons
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA } ss
On this 15th day of March 19 82 , before me,
Kerry E. Nuovo , a Notary ublic in and for the
said County and State, residing therein, duly commissioned and sworn, per -
sonally appeared Jesse W. Stacy known to me to be the
Vice - President , ar4 ----------------------------- - - - -rn to
me 4 o. -ba.4 h43---------------------------------- Of Arcadia Development
Co. the corporation that
executed the within and foregoing instrument, and known to me to be the
persons who executed the within instrument on behalf of said corporation
therein named, and acknowledged to me that such corporation executed the within
within instrument pursuant to its by -laws or a resolution of its Board of
Directors.
In Witness Whereof, I have hereunto set my hand and affixed my
official seal the day and year in this Certificate first above written.
uNYYq.,
OFFICIAL SEALw V
KERRY E. Nuovo Not ry P l i c in and for the County of
o NOTARY PUBLIC - CALIFORNIA Santa Clara, State of California
SANTA CLARA COUi*TY
My comm. expires SEP 23, 1982
STIPULATIONS TRACT #6257
1) Before construction utilizing combustible materials, 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.
2) Street trees shall be provided by the owner and be approved by the
Parks Supervisor.
3) All fees for Phase II of the construction shall be payable at the then
current rate.
4) The oil and screened sidewalk to be installed on Tenth Street shall be
replaced as per city standards, with the construction of the first
building in Phase II.
5) Schedule the construction of improvements along existing public roads
so that work affecting vehicular traffic is completed with a minimum
interruption to traffic.
6) Locate and properly dispose of any wells, septic tanks and underground
fuel facilities.
NOTE: The capping of any well will require inspection by the Santa Clara
Valley Water District.
Accepted by ! �• Yjke
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
No. 82 -8
Date March 10, 1982
Initialed S.D -L
Location of Property Northwest corner of 10th and Princevalle
Assessor's Parcel # 799 -38 -031
Name of Applicant Arcadia Development Corporation
Address P. 0. Box 5368 San Jose, Ca. 95150
Type of Development Proposed Townhouse and Condominium
Area N/A Storm Drain A
Street Frontage N.A.
Engineering Map Check 01- 100 - 1100 - 6004 -11 $ 271.00
Subdivisions $ 190.00 +$3.00
Parcel Splits $ +$
n- number of lots = 27 lots
Engineering Plan Check and Inspection
(n)
(n)
5% of the Cost of Public Improvements
5% x $ 208,618
Miscellaneous Engineering Service
2 hours x ( 28.00 )
Public Works Microfilming
01- 100 -1100- 6004 -12
01- 100 - 1100 - 6004 -12
01- 100 - 1100 - 6004 -13
$5.00 per sheet (maps and plans) x 10 sheets
Fire Hydrant Location Fee 01- 100 - 1100 - 6002 -01
$ 29-nn for the first 5 hydrants
+$ 3.00 for each additional hydrants 4 hydrants
Area Water Charge 03- 300 - 1300 - 7203 -00
Acres @$ /acre
Acres @$ /acre
$ 10431.00
$ 56.00
$ 50.00
$ 29.00
$ Paid
Construction Water 07- 720 - 1900 - 8001 -00 ' $ 435.00
1278 LF @$ 0.34 /LF+ Acres @ $ /acre
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U11 -Sltu Swriu Urulu Fue
Area
"A"
$
/Acre
Area
"A -1 "$
/Acre
Area
"B"
$
/Acre
Area
"C"
$
/Acre
Area
"D"
$
/Acre
Area
"E"
$
/Acre
Area
"F"
$
/Acre
Area
"Q"
$
/Acre
/LF =$
Wood Pole Mounted
Acres @$
/Acre
Acres @$
/Acre
Front Foot Charges
Water
Sewer
LF @$ /LF
LF @$ /LF
Storm Drain
LF @$ /LF
Street Improvements
02- 220 - 1300 - 7202 -00 $ Paid
02- 220 -1300- 7202 -01 $
02- 221 - 1300 - 7202 -00 $
02- 222 - 1300 - 7202 -00 $
02- 223 - 1300 - 7202 -00 $
02- 224 -1300- 7202 -00 $
02- 225- 1300 - 7202 -00 $
02- 226 - 1300 - 7202 -00 $
02- 230 - 1300 - 7204 -00 $ Paid
02- 230 - 1300 - 7205 -00 $ Paid
02- 230 -1300- 7207 -00 $ Paid
02- 230 - 1300 - 7207 -00 $ Paid
Pavement
SF
@$
/SF =$
Curb & Gutter
LF
@$
/LF =$
Sidewalk
SF
@$
/SF =$
Gal. Pole
Electrolier
LF
@$
/LF =$
Electrolier
Conduit
LF
@$
/LF =$
Fire Hydrant
LF
@$
/LF =$
Wood Pole Mounted
Electrolier
01- 100 - 1100- 6004 -00 $
LF @$ /LF
Public Works Cash Bonds and Deposits 08- 800 -1100- 6004 -02 $
Other $
Other $
TOTAL
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N.A.
$ 11272.00