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Pacific States Development Company - PDA No. 86-31,SuE.anns E. Steinmetz,City Clerk City of Gilroyy 7351 Rosanna St. c\ Gilroy, CA 95020 r, r rrrr`rrZ r,. No Fee per GC Sec. 6103 -0 POV PROPERTY DEVELOPMENT AGREEMENT RESIDENTIAL 8945618 Ai' REQU - 17k/ a F C,/J&Y IT1 t i AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS%;`'i=x4 IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES J845PAGE 739 This agreement made and entered into this 18th day of August 19 86 , by and between the City of Gilroy, a municipal corporation, herein called the "City== and PACIFIC STATES DEVELOPMENT CO. , 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: Part of Assessor's Parcel No. 790 -18 -034 (Twin Oaks) 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. 'V \r °� -1- J 845PAGE 74U 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 $ 130 303.60 , 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. 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- QRrTTnN R J V 4 V PAGIE 741 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 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. SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY $ 21,209.00 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. s - BY BY DATE L 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 Onthisthe 8th dayof August 1916, before me, Count of Santa Clara SS. Coral D. Bradley J 845PAsE 7 ( 20 Y the undersigned Notary Public, personally appeared' Roger A. Burch OFFICIAL SEAL CORAL D BRA FY NOTARY PUBLIC - CALfFCRNID ` + B SANTA 'CLARA COUNTY I;+ My comm. expires NOV 21, 1988 sr, CORPORATE ACKNOWLEDGMENT FORM 7120052 ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as President or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signature J 845Pa6E 743 ADDITIONAL TERMS AND STIPULATIONS TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND PACIFIC STATES DEVELOPMENT DATED AUGUST 4,1986 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 is eligible for additional reimbursements when adjacent properties develop across Kern Avenue. Said reimbursements shall be available for a period not to exceed 10 years. Reimbursements shall be limited to street paving beyond the centerline of the street, one half of all sewer, storm, and water lines at the rates and sizes in effect at the time of reimbursement. 3. The developer agrees no units shall receive occupancy permits until all work in the public right of way is completed. 4. The Developer agrees to provide the City copies of signed contracts for all public improvement work before Final Map approval. When final completion is requested the developer will submit final costs including all change orders. The estimated fees for Engineering and Plan Check will be adjusted to reflect actual cost. The City will refund any overpayments. The Developer agrees to pay,any deficiency. Signed _ Page 1 of 1 State of County of California Santa Clara SS. ,�845�a�E 744. 0 FICIAL SEAL, CORAL D BRADLEY m NOTARY PUBLIC - CALIFORNIP >A SANTA CL.11RA COUNTY My comm. expires NOV 21, 1986 On this the 8th day of August 198 6 , before me, Coral D. Bradley the undersigned Notary Public, personally appeared Roger A. Burch [X personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as President or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signature CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364 CITY OF GILROT DEVELOPMENT COST SCHEDULE J 845PAGE 745 No 86 -31 Date 7 -28 -86 Initialed NSA Location of Property East side of Kern Avenue approximately 480 feet north of Ramona Way. Assessor's Parcel # Part of APN 790 -18 -034 (Twin Oaks) Name of Applicant PACIFIC STATES DEVELOPMENT CO. Address P.O. Box 1458, Morgan Hill, CA 95037 -1458 Type of Development Proposed Multiple Family Dwelling R -13 Area 2.289 acres Storm Drain Area "B" Street Frontage 218 + feet Special Public Works Services 01 -100- 1100 - 600400 $ 589.00 (294.50) Paid Engineering Map Check Subdivisions $190.00 + $3.00 /lot $ 289.00 Parcel Splits $83.00 + $3.00 /lot 33 number of lots Miscellaneous Engineering Service S 260.00 8 hours x $32.55/hr Public Works Microfilming (Maps and Plans) $ 40.00 8 sheets x $5.00 /sheet Wood Pole Mounted Electrolier $ n/a FF @ $5.25/FF Engineering Plan Check and Inspection 01- 100 - 1100 - 600412 $ 6,515.00 (2,132.50) Paid 5% of the Cost of Public Improvements 5% x $ 130,303.60 Subject to revision based on actual cost. Storm Development Fee Area "A" $1,868.00 /Acre 02- 220 -1300- 720200 $ Area "A -1" $3,716.00 /Acre 02- 220 -1300- 720201 $ 1,656.00 Area "B" $�,- G5�r:00 /Acre 02 -221- 1300 - 720200 $ 3.791.00 (1,893.00) Paid Area "C" $2,798.00 /Acre 02 -222 -1300- 720200 $ Area "D" $1,788.00 /Acre 02- 223 - 1300 - 720200 S Area "E" $1,364.00 /Acre 02- 224- 1300 - 720200 $ Area "F" $2,424.00 /Acre 02 -225 -1300- 720200 $ Area "Q" $2,333.00 /Acre 02- 226 - 1300 - 720200 $ 2.289 Acres @$ 1,656.00 /Acre Acres @$ /Acre J 845PAsE 746 Front Foot Charges -'r Water 02- 230 - 1300 - 720400 $ By Developer FF @$ /FF Sewer 07- 720 - 1900 - 800100 $ 02- 230 - 1300 - 720500 $ By Developer FF @$ /FF 218 + FF @ $0.55 /FF + 2.289 Acres @ $2I.00 /Acre Street Improvements 07- 720 -1900- 800300 $ 02 -230- 1300 - 720600 $ By Developer Pavement SF @ $ /SF = $ Curb & Gutter FF @ $11.41 /FF = $ Public Works Cash Bonds and Deposits 08- 800 - 1100 - 600400 Sidewalk SF @ $ 3.27/SF = $ $ Gal. Pole TOTAL DUE CITY $ 40,163.00 Electrolier PAID 18,954.00 AMOUNT DUE & Conduit FF @ $ 5.25/FF = $ rates in effect at the Fire Hydrant ** Not included in total. Resident FF @ $ 2.67/FF = $ Comm & Ind. FF @ $ 2.99/FF = $ Storm Drain 02 -230- 1300 - 720700 $ By Developer FF @$ /FF Sewer Development Fee 07 -705- 1300 - 720100 $ w /Bldg Permit Water Development Fee 07- 725 - 1300 - 720300 $ 29,069.00 33 Units @ $880.88 /Unit (14,534.50) Paid Gals. @ $918.17/1000 GPD peak Construction Water 07- 720 - 1900 - 800100 $ 168.00 (84.00) Paid 218 + FF @ $0.55 /FF + 2.289 Acres @ $2I.00 /Acre Fire Hydrant Location Fee 07- 720 -1900- 800300 $ 31.00 (15.50) Paid $31.00 for the first 5 hydrants +$ 3.00 for each additional hydrant Public Works Cash Bonds and Deposits 08- 800 - 1100 - 600400 $ 195.455.40 ** Other $ TOTAL DUE CITY $ 40,163.00 PAID 18,954.00 AMOUNT DUE $ 21,209.00 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:—�— y Date: s -2-