Price, James - PDA No. 86-26Susanne E. Steinmetz,City Clerk
-,{City of Gilroy NO FEE per GC Sec. 6103
1 7351 Rosanna St.
Gilroy, CA 95020
PROPERTY DEVELOPMENT AGREEMENT
RESIDENTIAL
8814057
J721PAGE S "6
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 86 -2 6
This agreement made and entered into this 2nd day of June
1986 , by and between the City of Gilroy, a municipal corporation, herein called the
"City'r and James R. Price, Trustee, Asco Profit Sharing, a real property owner
developer or subdivider, herein called the "Developer". Plan 004
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 No. 7855, Parkside Townhouses 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.
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J721PAGE 856
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J721Pa6t 858
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 $ 44,570. 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.
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-
J721 PAGE 859
CFl TTnN 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 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.
CFCTTnN 0
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
30,425.00
15,183.51 paid 4/01/86
$ 1-5,241.49 NEW DUE
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
0
ATTI
City Clerk.
«,-F-am" PROVED: j
City Attorney
i
CITY OF GILROY
BY,.- A,
"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. J 7 21 PAGE 860
OFFICIAL SEAL
_ CONSTANCE R. IOBST
may- NOTARY PUBLIC . CALIFURNIA
SANTA CLARA COUNTY
� My Commission Expires Aug. 10, 1989
On this 23 day of MAY in the year 19 —a6
before me, the undersigned, a Notary Public in and for said State, personally appeared
JAMES R. PRICE
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed the
within instrument on behalf of the Corporation therein named, and acknowledged to me that
the Corporation executed it.
WITNESS my hand and official seal. i
I I
ACKNOWLEDGMENT — Corporation — WOlcotis Form 222CA X —Rev 582 Notary Public in and for said State.
1982 WOLCOTTS INC (price class 8 2) II
J '7 21 PAor 861
STIPULATIONS
PARKSIDE TOWNHOUSES, TRACT NO. 7855
Property Development Agreement No. 86 -26
1. The City of Gilroy and /or the Santa Clara Valley Water District are not
responsible for the maintenance of, or any damage occuring to, the
retaining wall and channel protection in the Storm Drainage Easement
along the north property line. These improvements are to be maintained
by the Townhouse Owners Association. This stipulation is to be included
in the Conditions, Covenants and Restrictions of the Townhouse Owners
Association.
2. The City of Gilroy will not inspect the work in the Storm Drainage
Easement. It is our understanding that the Santa Clara Valley Water
District will inspect this work.
3. All overhead utilities are to be placed underground and all utility poles
removed prior to construction of the street.
Accepted by; rte«
Title:
Date:
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
Location of Property Wren Avenue
J'721PAGE 862
No. 86 -26 (REV
Date 5/22/86
Initialed NSA
Assessor's Parcel # 790 -26 -025
Name of Applicant Jim Price
Address P.O. Box 1480, DIorgan Hill, CA 95037
Type of Development Proposed Town Homes R -3
Area 1.418 AC Storm Drain (B)
Street Frontage 187.02'
Special Public Works Services
Engineering Map Check
Subdivisions $190.00 + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
18 number of lots
Miscellaneous Engineering Service
8 hours x $32.55/hr
Public Works Microfilming (Maps and Plans)
10 sheets x $5.00 /sheet
Wood Pole Mounted Electrolier
FF @ $5.25/FF
Engineering Plan Check and Inspection
5% of the Cost of Public Improvements
57. x $ 44,570
Storm Development Fee
Area "A" $1,868.00 /Acre
Area "A -1" $3,716.00 /Acre
1,656.00
Area "B" $1,654:0-0 /Acre
Area "C" $2,798.00 /Acre
Area "D" $1,788.00 /Acre
Area "E" $1,364.00 /Acre
Area "F" $2,424.00 /Acre
Area "Q" $2,333.00 /Acre
1.418 Acres @$ 1,656 /Acre
Acres @$ /Acre
01- 100 - 1100 - 600400 $ 554.00
(500 = 274.70)
244.00
E1
260.40
$ 50.00
$ n/a
01- 100 - 1100 - 600412 $ 2,228.00
(500 = 1,087.80)
02- 220 - 1300 - 720200 $
02- 220 - 1300 - 720201 $
02- 221 - 1300 - 720200 $ 2,348.00
(50% = 1,174.11)
02- 222 - 1300 - 720200 $
02- 223 - 1300 - 720200 $
02- 224 - 1300 - 720200 $
02- 225 - 1300 - 720200 $
02- 226 - 1300 - 720200 $
Front Foot Charges
Water
187.02 FF @$ 14.18 /FF
J 721PAGE 863
02- 230 - 1300 - 720400 $ 2,652.00
(500 = 1,325.97)
Sewer 02- 230 - 1300 - 720500 $ 1,732.00
50% = 865.91)
187.02' FF @$ 9.26 /FF
Street Improvements
07- 725 - 1300 - 720300
$
15,856.00
18
02- 230 - 1300 - 720600
Pavement
SF
@
$
/SF =
$
by
developer
Curb & Gutter
FF
@
$11.41 /FF -
$
by
developer
Sidewalk
SF
@
$
3.27/SF =
$
by
developer
Gal. Pole
(50% = 15.50)
$31.00 for the first 5 hydrants
+$ 3.00 for each additional hydrant
Electrolier
Public Works Cash Bonds and Deposits
08- 800 - 1100 - 600400
$
66,855.00*
& Conduit
FF
@
$
5.25/FF =
$
by
developer
Fire Hydrant
$
30,425. 0 0
z fees due 4/01/86
15,183.1,1 (paid)
Resident
FF
@
$
2.67/FF =
$
by
developer
Comm & Ind.
Storm Drain 36"
187.02' FF @$ 26.15
Sewer Development Fee
$ -0-
FF @ $ 2.99/FF $ n/a
02- 230 - 1300 - 720700 $ 4,891. 00
(50% _ 2,445.29)
/FF
07 -705- 1300 - 720100 $ by bldg. dept.
I
Water Development Fee
07- 725 - 1300 - 720300
$
15,856.00
18
(50% = 7,927.92)
Units @ $880.88 /Unit
Gals. @ $918.17/1000 GPD peak
Construction Water
07- 720 - 1900 - 800100
$
133 .0 0
137.02' FF @ $0.55/FF + 1.418 Acres
@ $21.00 /Acre
(500 = 66.32)
Fire Hydrant Location Fee
07- 720 - 1900 - 800300
$
31.00
(50% = 15.50)
$31.00 for the first 5 hydrants
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits
08- 800 - 1100 - 600400
$
66,855.00*
n/a
Other
$
TOTAL DUE CITY
$
30,425. 0 0
z fees due 4/01/86
15,183.1,1 (paid)
DIET
DUE
15,241.49
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 byy
Date:
-2-