Meads Group - PDA No. 87-10COPY
NO FEE PER GC SEC 6103
Susanne E. Steinmetz,City Clerk
City of Gilroy
7351 Rosanna St. ROPERTY DEVELOPMENT AGREEMENT
;ilroy, CA 95020
RESIDENTIAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM No. 87 -10
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this 3rd day of August
called l
19 by and between municipal e City of Gilroy, a mu corporation$ real property owner
"City and
THE MEADS GROUP '
developer or subdivider, herein 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:
and,
Tract No. 7895
WHEREAS, tite Developer requires certain utilities and public works facilities it,
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 ttte 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:
SECTION 1
a That all Codes, Ordinances, Resolutions, 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 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. 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 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
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 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, electricty, 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.
�oQ6
9392923
Man
AT THZ REQUEST OF
ON � - -/ 2 -
AT -a- MIN. PAST / G'CIOCK M.
LAURIE KANE, RECORDER
SANTA CLARA COUNTY
d. To construct and improve all public works facilities and other
improvements as set out herein, according to ttit_ 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 $ 559,233.00 , and
the other 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 tnaterials 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 hereinabove 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.
1n 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, the Developer shall pay to the City
all sums, shown in Section 8 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.
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
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.
SECTION 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-
CVrTTnm R
That the following General Stipulations and the attached stipulations shall be
completed subject to the approval of the Director of Public Works.
1. Locate and properly dispose of any wells, septic tanks and underground fuel
storage facilites.
NOTE: The capping of any well will require inspection by the Santa Clara
Valley Water District.
2. Schedule the construction of trafficmistcomple along
tedexisting
a minimum roads
interruption
the work affecting vehicular
to traffic.
3. A11 work within the public right -of -way shall be subject to the approval of
the City Engineer.
4. 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.
gRrTTON 9
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
$ 58 793 n4
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATT
City Clerk
FORM ROVED:
`1
ity Attorney
CITY OF GILROY
4 rou l__ des _
BY
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.
-3-
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA ss.
On August 7, 1987 before me, the undersigned,
a Notary Public in and for said State, personally appeared
GIL MIGUEL TAMBUNTING PUYAT , known to me to
be the person whose name subscribed to the within instru-
ment and acknowledged.that he executed the same.
WITNESS my hand and official seal.
•P, '-
'usanne E. Steinmetz, City Clerk, Ci of Gilroy
per GC Sec. 40814; CC Sec. 1181
ADDITIONAL TERMS AND STIPULATIONS
TO THE DEVELOPMEN[ AGREEMENT FOR lRACl 7895
. BETWEEN lHE CITY AND THE MEADS GROUP
' DATED July 27,1987
1. The Developer acknowledges his responsibility to assure
all elements of the infrastructure; streets, wate[, sewer, and
storm drainage systems ; are functioning and will provide the
necessary funds to correct any deficiencies until the
expiration of the maintenance period. Said maintenance period
may be extended by the City Council if any element of the
infrastructure remains deficient.
2. The Developer also acknowledges he is a participant in the
Interim Drainage Project which was designed to carry storm
drainage water from this development and has participated in
corrections to the Interim System. As a participant you agree
to work with other developers in the Northwest Quadrant to
mutually resolve drainage problems to adequately protect the
property you are developing and participate in the cost of
corrections to the system until the completion of the 566
Project'
3. The developer acknowledges he has received credits for
oversizing the Water, Sewer, and Drainage system along his
property frontage. Other reimbursements are stipulated in the
development agreement for Tract 7636 and Tract 7856.
4. The developer is eligible for additional reimbursements
when adjacent properties develop across Santa Teresa along the
property frontage, and south to Mantelli Drive.
5. The developer agrees no units shall receive occupancy
permits until all work in the public right of way is
complete and ready for Council Acceptance'
6. Storm Drainage Reimbursements will be made for only those
pipes shown on the Master Storm Drainage Plan'
SIGNED_ ____
Pago 1 of 1�
^^
Storm Main Oversizing:
• 24" RCP to 48" RCP
24" RCP to 72" RCP
Note:
CALCULATION SHEET
Tract No. 7895
April 7, 1987
869 LF @ $ 39.00 = $ 33.891.00
384 LF @ $ 64.00 = $ 24,576.00
Total = S 58.467.00
The $58.467.00 will be reimbursed when adjacent properties in the same
storm drainage area (Area "B ") are developed and fees are collected, however
reimbursements shall be limited to 10 years and shall be no greater than
actual cost.
SI >cclal Public Works Sorvices
Nall Chock
Final halls $300.QO i- -',I),O1) /Lnf.
P )reel lla;r.t $ 175.01) 1- $')1 .00/ 1'1L
/In num1W17 n[ 1oLy
1119cellam -o x1 ] it),.hworin)k ^,rrvlr.en
n lwl)r.( x $ 1.00/11r
PublLe Work;) 111. rnrlluling (ital►, nntl I'lanr {)
I - 6 sheets $ 1 12.53 F
7 -12 sltltntg $ 143.79 + 11.0 ) /s11cet
13 -13 s1lcets $)15.(15 ( $S.00 /nll��ut
n number of sheets
Wuod Pole Nmmt• l Clect roller.
FF 0 $3.33/17F
Cny,inci.ring 1'1a11 Cltc`l:.c an11 111,,IwcLIon
Cost of Public l till, rr) vcu(otits
107. or rlr.L $100,000 •. 10,000.O()
li : of $ 100,000- $201),OOt) - -- T6;01)01.00 —
7: of over $2t)O.0Ut) — 1[I - -,I
r ba:� on n.lu.tl cu:t.) (Sub]oct to Omni.
Sturm Development Fee
Aren "A" $1,957.35/Acre
Area 19A -1" $3,901.11() /Acre
Area "B" $ 1 ,911./1'),'Ac re
Area "C" $3,122.34 /Acre
Area "D" $ 1 ,93x).61 /Acn!
Area "Lee $1,453-99/Acre
Au-!a "Fee $: ,694.'N/Ac11.
AreJ "q" ; 2,449.6'/Acrr_
A(-r,-4 (1 i /A1-ro
100- 2600 -3- 61)''.'00
2,77() .(10
$ 1711 MO
In1.79
By 111•vi-1111rr
100 - 2600 -1- 600112
5 51),2 11.01)
220 - 2610 -3- 630200
220 - 2640 -3- 6110201
221-2641-3-010200
222-2612 -3- 080200
2.21 - 2641-3 -61)(1200
2214- 26!11 -3- 6-30200
225 -26 4 ;..7 -6n0 O0
226- 2646 -3 -6 "0200
$ 2 731 .79
$ /I I, . 146.1I
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J
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I)i'.�...I.�)i'�li:�ll• 1.11'.1•
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fill
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o r'tl,.•rL
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Assess-)r
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Name of
APi, l l cant
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AJJres ,
.1')711 'I'Itr Alnnlr�l:1, x(111 r
7050 rnn Anrn, CA
95176
Tyl.e or
Dove! 11)pin ant Pt',11
w;,:d li(`rt blow. I n 1
Aren
9.3027 Aaron
r
�Lorm Drain Area
II
Street
Frcmta ;-
n/n
SI >cclal Public Works Sorvices
Nall Chock
Final halls $300.QO i- -',I),O1) /Lnf.
P )reel lla;r.t $ 175.01) 1- $')1 .00/ 1'1L
/In num1W17 n[ 1oLy
1119cellam -o x1 ] it),.hworin)k ^,rrvlr.en
n lwl)r.( x $ 1.00/11r
PublLe Work;) 111. rnrlluling (ital►, nntl I'lanr {)
I - 6 sheets $ 1 12.53 F
7 -12 sltltntg $ 143.79 + 11.0 ) /s11cet
13 -13 s1lcets $)15.(15 ( $S.00 /nll��ut
n number of sheets
Wuod Pole Nmmt• l Clect roller.
FF 0 $3.33/17F
Cny,inci.ring 1'1a11 Cltc`l:.c an11 111,,IwcLIon
Cost of Public l till, rr) vcu(otits
107. or rlr.L $100,000 •. 10,000.O()
li : of $ 100,000- $201),OOt) - -- T6;01)01.00 —
7: of over $2t)O.0Ut) — 1[I - -,I
r ba:� on n.lu.tl cu:t.) (Sub]oct to Omni.
Sturm Development Fee
Aren "A" $1,957.35/Acre
Area 19A -1" $3,901.11() /Acre
Area "B" $ 1 ,911./1'),'Ac re
Area "C" $3,122.34 /Acre
Area "D" $ 1 ,93x).61 /Acn!
Area "Lee $1,453-99/Acre
Au-!a "Fee $: ,694.'N/Ac11.
AreJ "q" ; 2,449.6'/Acrr_
A(-r,-4 (1 i /A1-ro
100- 2600 -3- 61)''.'00
2,77() .(10
$ 1711 MO
In1.79
By 111•vi-1111rr
100 - 2600 -1- 600112
5 51),2 11.01)
220 - 2610 -3- 630200
220 - 2640 -3- 6110201
221-2641-3-010200
222-2612 -3- 080200
2.21 - 2641-3 -61)(1200
2214- 26!11 -3- 6-30200
225 -26 4 ;..7 -6n0 O0
226- 2646 -3 -6 "0200
$ 2 731 .79
$ /I I, . 146.1I
r"O
J
17 ,n56.n/1
a
S
J
J
i�C�►,ll 1 �,.�1, x.1,.11' ;; !•.
1'lcll k1 l aillo o: r
230 -2616 -3 -6.33 W1)
S Ily Ilvvelopor
FF Q5
FF
S�*wer -
inch Jlanmter
230 -2636 3-61105t)I) lly I)nvr•1r,1►nr
FF @$
FF
SL7. t Iinpruveinents
230- 2636-3 - 680600 $ Ity Devv], %por
Pavement
SF e
$ /SF
- $ By Dov►•loper
Curb S gutter
17F @
$12.00 1FF
- $ By Dovvlopor
Sidewalk SF @ $ 3.70 /SF - $ fly Dvvoloper
Gat. Pole
LIoetroller
f. ConJu l t FF @ 11 .33 /Fl. r $ Ity I)vvv 1 opr r
Fire Ilydrai►t
Re l�l�•,it l'l' (? J 2 .7 )/ l l' r $ lty I)vvv 111111 r
C►mm Ind. FI' @ $ 3.61 /F1' � $ n /,t
Storm Drain - Biel► dlamoLer 230 - 2636 -3- 6110700 $ 117 1)►•v►•l►'rrvr
FF@ $ /FF
Sewer Development Fee 705- 2662 -3- 671000 $ w /111,11; Permlr
4f1 Units @ $900.00 /Utilt (Res)
Cale. @ :3110.00/ 100 Cl'D (Comm /Ind)
Water Development Fee 725- 2772 -3- 695000 $ SI ,r,nn -nn
49 Units @ $1.075.00 /Uult (Rev)
Cals. 11 $1,123-00/1000 CI'I) peak (Cuunn /In,l)
Cotistructloll Water 720 - 0433 -3- 690000
2410 FF @ $0.67 1FF + 9.3077 Acres @ $43.19 /Acre
I-e Ilydr;tnt l.oc:►tlMn Fee, 7Z0- 0433- 3- 092000
$33.11 for the first 5 hydrants
+$ 3.31 for each addltlunal hydrant
rubllc Works Ca :h Bonds and Deposits 801- 26110 -3- 6110000
Other
Oilier
TOTAL DUE Ci t
7.016.411
11,.47.
$ 799 , ,on.nn A
117.5117.Wo
NOTE: All deferred and /or e:;tlul.ILed rees'wlll be adjusted Co the rates in effect at -the"
Limn bulldlnl; ret•u)LCs nre lasued.
llot included in total.
Acr.•I,r.�•1 I,y�_ �
Date: � 27� �',