Meads Group - PDA No. 85-19�
This agreement made and enteted into, this 3rd (Iny of June PAGEJL20g
19 85 , by and between the Citc of Cilrnv, a municipal rorporation, herein called the
"Ciity'T and MEADS GROUP a real property owner
develepet ur subdivider, h(.tctrr called th( Uevelrl�r
WHEREAS, a final nrr(p of suhdi•:isior,, record of survey or building permit (Site
Clearance) application has now horn submitted to the City for approval and acceptance,
covering certain real estate known ns and called:
Tract No. 7636 rind,
WIIEREAS, the Developer requires rertnin 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 throurl) it,: Citv Council, has enacted certain Cedes,
Ordinances and Iteselutir�ns and certain Rul,•q and Reputations have been pr(rmulgated
concerning the suh jest n,.'ttter of this a} rr• mr nt and,
WIIFRFAS, the City Iris certain te,rponsil i I i t iv,, for maintenance and caper at ion of
such utilities and public service facilities aftet acceptance by City, acid for
providing the necessary connecting systcin, reneraI plant and appurtenances, and the
City is agreeing to disrharge those r.- spon.�zi hiIit.ir•s,
NOW 111EREFORE, in consideration of the premises and in older to carry on the
intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed
by and between tine parties as follows:
SECTION 1
That all Cedes, Otdinances, 1lrselut ions , 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 lenFth Herein. Said Codes, Ordinances and
Regulations include, but are not limited to, the following: tine Code of the City of
Gilroy (including but not limited to Chapters 12A, 19, 20, 21 Res. 85 -9 and 76 -47,
thereof pertaining to local improvement procedures in subdivision or development
respectfully): Ordinance No. 83 -15 (Zoning Ord.): Resolution 85 -5 (1982 thliform
Building Code): Rules and Regulations. Included in the above are all of the above
referred to Codes, Ordinances, Resolutions, Rcgulati.ons 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
performed by the Developer in each and every one of said Codes,
Ordinances and ether Regulations.
b. To grant to the City without cl,arg.e, free and clear of
encumbrances, any and all stipulated casements and rights of way
in and to his said real property necessary for tle City in order
that its water, electricty, arm /or sewer lines in or to said
real property may he extended.
C. To indemnify and held the City harmless and free from all damage
and liability dune to any utility, public facility or otlrcc
material or installation of the City on snid real estate which
the Developer or any cr>ntrnctor or subrontrnctor of the
Develel—r, or any employee thrlreof, shall do in gradir.g or working
upon sa;d real eat rtr .
NO FEE
per GC Sec. 6103
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PROPERTY 11FULOPME11T AGREEMENT
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RESlnr WI* IA1.
AGIREEM N't F011
Fx I FNS I ONS OF WA FFR D I S fR I Itir f I ON
SYSTEMS:
IMPROVrMFNT
OF STREETS: 1NSfA1.1.A1ION OF SEWERS,
STORM
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DRAINS AND
OTIIFR PU(li, l C WMIKS FA(' 1 I, 1 1 I FS
No, 85 -19
J3f8
�
This agreement made and enteted into, this 3rd (Iny of June PAGEJL20g
19 85 , by and between the Citc of Cilrnv, a municipal rorporation, herein called the
"Ciity'T and MEADS GROUP a real property owner
develepet ur subdivider, h(.tctrr called th( Uevelrl�r
WHEREAS, a final nrr(p of suhdi•:isior,, record of survey or building permit (Site
Clearance) application has now horn submitted to the City for approval and acceptance,
covering certain real estate known ns and called:
Tract No. 7636 rind,
WIIEREAS, the Developer requires rertnin 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 throurl) it,: Citv Council, has enacted certain Cedes,
Ordinances and Iteselutir�ns and certain Rul,•q and Reputations have been pr(rmulgated
concerning the suh jest n,.'ttter of this a} rr• mr nt and,
WIIFRFAS, the City Iris certain te,rponsil i I i t iv,, for maintenance and caper at ion of
such utilities and public service facilities aftet acceptance by City, acid for
providing the necessary connecting systcin, reneraI plant and appurtenances, and the
City is agreeing to disrharge those r.- spon.�zi hiIit.ir•s,
NOW 111EREFORE, in consideration of the premises and in older to carry on the
intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed
by and between tine parties as follows:
SECTION 1
That all Cedes, Otdinances, 1lrselut ions , 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 lenFth Herein. Said Codes, Ordinances and
Regulations include, but are not limited to, the following: tine Code of the City of
Gilroy (including but not limited to Chapters 12A, 19, 20, 21 Res. 85 -9 and 76 -47,
thereof pertaining to local improvement procedures in subdivision or development
respectfully): Ordinance No. 83 -15 (Zoning Ord.): Resolution 85 -5 (1982 thliform
Building Code): Rules and Regulations. Included in the above are all of the above
referred to Codes, Ordinances, Resolutions, Rcgulati.ons 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
performed by the Developer in each and every one of said Codes,
Ordinances and ether Regulations.
b. To grant to the City without cl,arg.e, free and clear of
encumbrances, any and all stipulated casements and rights of way
in and to his said real property necessary for tle City in order
that its water, electricty, arm /or sewer lines in or to said
real property may he extended.
C. To indemnify and held the City harmless and free from all damage
and liability dune to any utility, public facility or otlrcc
material or installation of the City on snid real estate which
the Developer or any cr>ntrnctor or subrontrnctor of the
Develel—r, or any employee thrlreof, shall do in gradir.g or working
upon sa;d real eat rtr .
• J 3 f 8 PAGE 1240
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 tt►e City Engineer, and
shall furnish two (2) good and sufficient bonds. One shall be
executed in the face amount of no less than $ 724,225.00 , and
the other shall be executed in an amount no less than 50% of ttie
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 tt►e 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 ti►e
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, tt►e Developer shall pay to tt►e City
all sums, shown in Section 8 thereof to be due under the terms and
provisions of this agreement.
SFCTInN I
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 tt►e 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 tl►e faithful and prompt performance by ttie Developer of cacti and every term
and condition contained herein is made an express condition precedent to tl►e duty of
the City to perform any act in connection with this transaction, and tt►e failure,
neglect or refusal of the Developer to so perform, or to pay any monies due hereunder
when due stall release the City from any and all obligations hereunder and the City, at
its election, may enforce tt►e performance of any provision herein, or any right
accruing to tl►e City or may pursue any remedy whatsoever it may have under tt►e laws of
the State of California or the Codes, Ordinances, Resolutions of tt►e City, in tt►e event
of any such default by Developer.
SECTION 7
That this agreement, together with the attached stipulations, is an instrument
affecting tl►e title or possession of tl►e real property described in Exhibit A. All
the terms, covenants and conditions herein imposed shall be binding upon and inure to
the benefit of tt►e successors in interest of Developer. Upon tt►e sale or division of
tt►e property described in Exhibit A, the terms of this agreement shall apply separately
to each parcel and the Developer of cacti parcel shall succeed to the obligations
imposed on Developer by this agreement.
-2-
J 368PAGE1241
SECTION 8
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 $190.00 + $3.00 /lot
Parcel Splits $83.00 + S3.00 /lot
51 number of lots
b) Miscellaneous Engineering Service
8 hours x $31.00 /hr
c) Public Works Microfilming
12 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 $ 724,225.00
DEVELOPMENT COST
$ 343.00
$ 248.00
S 60.00
$ n/a
S 36,211.00
f) Storm Development Fees $ _0_
See Stipulation #4
12.8811 Acres @ $1,640.00 /Acre = $21,125.00 and Calculation Sheet
Acres @ $ /Acre
g) Front Foot Water Fee
FF @ $ /FF
h) Front Foot Sewer Fee
FF @ $ /FF
i) Street Improvements
Includes pavement, curb S Sutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for breakdown.)
j)
Front Foot
Storm
Drain Fee
FF
@ $
/FF
-I -
S By Developer
By Developer
S By Developer
Complete improvements to
Santa Teresa Blvd. Deferred
$ By Developer
k) Water Development Fee
49 Units @ $815.00 /Unit
1) Construction Water
6380 LF @ $0.50 /FF +12.8811 Acres @ $20.00 /Acre
m) Fire Hvdrant Location Fee
$31.00 for first five hydrants
+ 3.00 for each additional
8 hydrants
n) Sewer Development Fee
49 units @ $380 /unit
o) Public Works Cash Bonds and
Deposits
p) Other
TOTAL DUE CITY
J 368 PAGE 1"242
$ 39,935.00
$ 3,448.00
40.00
S w /Bldg Permit
S
:1 11
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTE
City Clerk
CITY OF GILROY
BY
DATE �
NOTE: if Developer is a corporation, the c- niplete legal name and corporate seal of ttte
corporation and the corporate titles of the persons signing for the corporation
r shall appear above.
STATE OF CALIFORNIA
County of Santa Clara ) ss 3 �i PGGE I
On, —'-. �� before me the undersigned, a Notary
Public in and for said County of Santa Clara and State, personally
appeared a(Pa) known to me to be
the pry and
known to me to be the of the D4un4a4pe-1-
Corporation that executed the within instrument, and known to me to be
the persons who executed the within instrument on behalf of the corpora-
tion therein named, and acknowledged to me that such corporation executed
the same.
WITNESS y hand andloffi ia,* seal.
/ .
7':y Commission Expires:
otary Public SEEA'L"
LANZA
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SANTA CLARA COUNTY
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EXHIBIT A
Tract No. 7636
pDo ni ; Av.
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STIPULATIONS J !� U G S PAGE 2
MEADS GROUP
TRACT NO. 7636
1. Developer acknowledges that he is responsible to obtain all water, sewer
and storm drain easements.
2. Developer further acknowledges that off -site easements are necessary
through a number of different properties.
3. At the time of issuance of building permits, the Developer shall contribute
to the interim street improvement fund.for the City's northwest quadrant,
for the development of Santa Teresa Boulevard.
4. City will reimburse the developer for all storm mains over 18" in diameter
and for off-site mains at the time of the development of adjacent parcels.
(See Calculation Sheet)
5. Developer will be reimbursed for off -site sanitary sewer at the time of
the development of adjacent parcels between this site and Santa Teresa
Boulevard.
6. The cost for the trunk main between Santa Teresa Boulevard and Wren Avenue
shall be borne by the currently developing properties with sewer alloca-
tions.
7. Developer agrees to enter into a partnership for the construction of the
trunk sewer main between Santa Teresa Boulevard and Wren Avenue. The
partnership shall be established to bear the total cost of the construc-
tion of the trunk main and to receive reimbursements as other developments
connect to the trunk pipeline.
8. City shall reimburse the partnership for sewer main oversizing costs in
excess of pipe sizes necessary to achieve minimum velocity.
9. Partnership shall be eligble to receive reimbursements for connections to
the trunk main for a period not to exceed fifteen (15) years.
10. 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.
11. 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.
12. The developer agrees to dedicate and improve to City Standards all streets
and public improvements as shown on T1_4.t . p and plans.
Accept
Title:
Date:
CALCULATION SHEET
Tract No. 7636
Storm Main Oversizing
J 3GSPAGE1246
18"
RCP
to 21"
RCP
265
LF
@
$ 5.00 =
$
1,325.00
18"
RCP
to 24"
RCP
20
LF
@
$ 9.00 =
$
180.00
18"
RCP
to 27"
RCP
165
LF
0
$11.00 =
$
1,815.00
18"
RCP
to 72"
RCP
850
LF
@
$46.00 =
$
39,100.00
S
42,420.00
Area Storm Fee
12.8811 acres @ $1640.00 /acre S 21,125.00
Total Reimbursement Due Developer S 21,295.00
To be reimbursed when properties in the
same storm drainage area (Area "B ") are
developed and fees are collected.