Old Orchard Company - PDA No. 87-9w NO FEE PER GC SEC 6103 K 2 5 3 PA6 3 S
Susanne E. Steinmetz,City Clerk
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
1 /] �
?ROPERTY DEVELOPMENT AGREEMENT
RESIDENTIAL
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AT KrEOUE:7T OF
A
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AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM '>
DRAINS AND OTHER PUBLIC WORKS FACILITIES c...87 -9 IT
This agreement made and entered into this 27th day of July
19 87 , by and between the City of Gilroy, a municipal corporation, herein called the
"City" and Old Orchard Company , a real property owner
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:
Tract 7988 and,
WHEREAS, the Developer requires certain 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 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:
SECTION 1
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.
-i-
K 253PAGE-1539
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 the City Engineer, and
shall furnish two (2) good and sufficient bonds. One shall be
executed in the face amount of no less than $ 484,975.00 , 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 materials 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.
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, 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.
SF.C'TTnN 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.
GRC'TTnN A
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.
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K253 PAGE 1540
QRCTTnK 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 facilities.
NOTE: The capping of any well will require inspection by the Santa Clara
Valley Water District.
2. Schedule the construction of improvements along existing public roads so that
the work affecting vehicular traffic is completed with a minimum interruption
to traffic.
3. All 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.
cRCTTlVQ Q
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
$ 44,325.90
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
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STATE OF CALIFORNIA
COUNTY OF...- . .' ::......:....:.... •
wt• .. OFF'_CIAL Srf�L
RSE
NOTARYf PUBLIC- CALIFORNIA
SANTA C1LW COUNTY
My Comm. expires S'EP I4, 1990
CITY OF GILROY
The 0
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On this ......:............ day of. K 2 5 3 Pii6 ."1541
............ ..........,in the year
•
duly licensed and sworn• � . . • ' ' ' ' • ' ' . before me,
• . ' ' ' ' ' � a Notary
personally a rY public, State of California
.. ........ y Ppeared ...
personally known to me (or proved to me on the basis of tisfactory
to be the person who executed the within instrument as ....
or on behalf of the corporation therein named and acknowled a evidence.
such corporation executed the within instrument pursuant to its by -laws o
resolution of its board of directors. t d to me that
IN WITNESS r a
This document is only a WHEREOF I have hereunto set
Y general form which may be my official seal in the ... , my hand a
Yan�iOns and in no way acts. or is iMen y Ptoper for use in simple • ..... .
and affixed
advice of an att ded to so. as a substitute for the ' • ' ' ' ' ' ' • • • r Count
ornyy. The primer does not make any warranty either express or implied On the Y Of ................... .
v81d� °f an Wedaatome f date set forth above in this certificate.
y provision or the sudabildy of these forms in any specHic transaction.
Cowdery's Form No. 28 — Acknowledgement to Notary Public — / ' /
Corporation (C. C. Secs. 1190 - 1190.1) — (Rev. 1/83) Notary public, State of California
K253PQ6E1542
ADDITIONAL TERMS AND STIPULATIONS
TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND OLD ORCHARD CO.
1. The Developer acknowledges his responsibility to assure all elements of
the infrastructure; streets, water, 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 acknowledges his responsibility to develop and improve the
property as submitted for Tenative Map approval. All terms and conditions
stipulated in City of Gilroy Resolution No. 86 -26, City of Gilroy
Subdivision Ordinances and Specifications shall govern the development of
the approved project.
3. The Developer agrees to dedicate and improve all Street Right of Ways as
shown on the Improvement Plans for Tract 7988. The cost of all easements,
right of way, or access shall be born soley by the Developer.
4. The Developer agrees to extend Uvas Park Drive by connecting Third
Street to Laurel Drive. All offsite dedications and improvements required
for this connection shall be completed by the developer at no cost to the
City.
5. The Developer agrees no units shall receive occupancy permits until all
work in the public right of way is completed and ready for City Council
acceptance.
6. The Developer agrees to provide Subdivision Bonds or documents in lieu
of bonds that have been approved by the City Attorney.
7. Developer will be reimbursed for the extended sound wall at Uvas Park
Drive (beyond the property limit) at the time of acceptance of improvements.
8. Developer will be reimbursed for the addtional electrolier on the corner
of Laurel Drive and Uvas Park Drive at the time of acceptance of
improvements.
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Photographic image maybe
poor due to condition Of
original document,
S 1
Location of Property West ends of Third Street and Sequoia Drive
Assessor -s Parcel `lo. 808 -01-" -008
Name of Applicant Old Orchard Co. (Cliff Johnson)
Address P.O. Box 207, Morgan Hill, CA 95037
Type of Development Proposed Residential
Area 8.67 Acres
Street Frontage n/a
Special Public Works Services
Engineering Map Check
Final Maps $300.00 + $40.00 /lot
Parcel Maps $375.00 + $31.00 /lot
31 number of lots
Miscellaneous Engineering Services
6 hours x $41.00 /hr
Public Works Microfilming (Maps and Plans)
1 - 6 sheets $112.53 + $5.00 /sheet
7 -12 sheets $143.79 + $5.00 /sheet
13 -18 sheets $175.05 + $5.00 /sheet
7 number of sheets
Wood Pole Mounted Electro'_ier
FF @ $8.33/FF
Engineering Plan Check and Inspection
Cost of Public Improvements
10% of first $100,000 = _ 10,000.00
8% of $100,000 - $200,000 = 16,000.00
7% of over $200,000 = 12,948.25 _
(Subject to change based on actual cost.)
Storm De,iclopment Fee
Area
"A"
Area
"A -1"
Area
"B"
Area
"C"
Area
"D"
Area
"E"
Area
"F"
Area
"Q"
$1,957.35/Acre
$3,901.80 /Acre
$1,833.45/Acre
$3,122.34/A,:ce
$1,936.61 /Acre
$1,458.99/Acre
$2,694.39/Acre
$2,449.65/Acre
8.67 Acres @$ 1,458.99 /Acre
Storm Drain Area "Ell
100- 2600 -3- 600400
$ 1,540-00
$ 246.00
$ 178.79
By Developer
100 - 2600 -3- 600412
$ 484.975.00
220 - 2640 -3- 680200
220 - 2640 -3- 690201
221 - 2641 -3- 680200
222- 2642 -3- 680200
223 - 2643 -3 —ri -10200
224- 2644 -3- 680200
225- 2645 ;X)200
226- 2646 -3- 680200
K` 53PAGc1543
10 . 87 -9
--
C'u. JBL --
$ 1 ,964.79
(50 %) 982.40
$ 38,948.25
(50 %) 19,474.13
(50 %)
(50 %)
(50 %}
(50 %)
(50 %)
$ 12,649.44
(50 %) 6 ,224
(50 %)
(50 %)
Front Foot Charles
'dater -
FF @$
Sewer -
FF @$
Street Improvements
Pavement
Curb & gutter
Sidewalk
Gal. Pole
Electrolier
& Conduit
Fire Hydrant
inch diameter
FF
inch diameter
FF
SF @ $ /SF = $
FF @ $12.00 /FF = $
SF @ $ 3.70 /SF = $
230 - 2036 -3- 630400
230 - 2636 -3- 630500
230 - 2636 -3- 680600
By Developer
By Developer
By Developer
FF @ $ 8.33/FF = $ By Developer
Resident FF @ $ 2.75/FF = $
Comm & Ind. FF @ $ 3.67/FF = $
Storm Drain - inch diameter
FF@ $ /FF
Sewer Development Fee
31 Units @ $908.00 /Unit
Gals. @ $380.00 /100 GPD
Water Development Fee
31 Units @ $1,075.00 /Unit
Gals. @ $1,123.00/1000 GPD peak
By Developer
n/a
230 - 2636 -3- 680700
705 - 2662 -3- 671000
725 - 2772 -3- 695000
Construction Water 720- 0433 -3- 690000
2025 FF @ $0.67 /FF + 8.67 Acres @ $43.19 /Acre
Fire Hydrant Location Fee 720 - 0433 -3- 692000
$33.11 for the first 5 hydrants
+$ 3.31 for each additional hydrant
Public Works Cash Bonds and Deposits
Other
Other
801 - 2680 -3- 680000
K 253PAGE1544
;? By Developer
(50)
$ By Developer
(50".')
$ By Developer
(50%)
$ By Developer
(50i)
$ w /Bldg Permit
( 50%)
$ 33..325.00
(507.)
$ 1 731.21
(50b)
$ 33.11
(50%)
$ 727,462.50
TOTAL DUE CITY $ 88,651.80
(50i)
NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the
time building Permits are issued.
* Not included in total.
Accepted by: f
Date: