Silicon Valley Development Corporation - PDA No. 86-12Susanne E.'Steinmetz,City Clerk
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
NO FEE per GC Sec. 6103
any
PROPERTY DEVELOPMENT AGREEMENT
RESIDENTIAL
894SG20
PILED f OR RCOORD
AT fJeQUF.BT OF
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AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SY"NfIA CI ii'�A CWVNI1 f
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STO*AUR1!: 1':A3L
DRAINS AND OTHER PUBLIC WORKS FACILITIESci;'Dt$6 -12
4 ' 5
This agreement made and entered into this 2nd day of September _
19.86 °, by and between the City of Gilroy, a municipal corporation., herein'called the
"City r and Silicon Valley Development Corporation 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 7 818 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 thd'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.
J 8 4 5 PASE 752
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 $37 1 ,9 31.00 , 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 9 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.
t
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 clue 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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i
J 845PAGE 753
CRrTTnN 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.
SECTION 9
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
$ 75,152.50
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
t-
BY
BY
DEVELOPER
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.
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0
r
t
C
ATTS
Y
BY
BY
DEVELOPER
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.
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0
STATE OF CALIFORNIA ss.
COUNTY OF SANTA CLARA
On Au ust 27, 1986 before me, the undersigned,
a Notary Public in and for said State, personally appeared Y
THEOBALD H. RINGEL, JR. 9 known to me to
with
be the person whose name subscribed eXecuted thelsamestru-
ment and acknowledged t:iat
WITNESS my hand and official sea`_
`l 1 �01 ilr oy
usanne E. Steinmetz, City Clerk,
per GC Sec. 408145 CC Sec. 1181 ,yAa� c,CiyClerk
County of Santa Clara
are. °,z of calilornia par Civil Coda uc.118k
(;ovsrnnwrit Cod$ Sec- 40811-
s
J 845PAGE 754
. t,
4
Stipulation Sheet
J845PAGE 755
ADDITIONAL TERMS AND STIPULATIONS
TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND SILICON VALLEY DEV. CORP.
DATED September 2,1986
1. The developer agrees to dedicate a permanent storm
overflow easement across lot 17 and will construct a wrought
iron section in the sound wall to provide an outlet for storm
water in excess of a 10 year design storm.
2. The developer agrees to pay for the cost of a 12 inch
water main along his Santa Teresa property frontage and will
be elgible for reimbursement when properties across Santa
Teresa develop.
3. The developer is also elgible for future reimbursements
in the Northwest Quadrant Sewer participation agreement.
4. The developer has received credit for additional sewer
piping to eliminate the Delta Drive lift station and no
additional payments will be made.
5. The developer agrees to provide safety improvements on
Santa Teresa as required by the City of Gilroy.
6. The developer agrees he is responsible to mitigate
problems with the drainage swale along his northerly property
line. All costs to preserve or relocate the existing
drainage will be born by the developer.
7. The developer agrees no units will be occupied until all
work in the public right of way is complete.
SIGNED B
1
J845PAGE 756
CITY OF GILROY No. R6 -12
DEVELOPMENT COST SCHEDULE Date 6/17/86
Initialed NSA /JBL
Location of Property Northwest Corner of Santa Teresa Boulevard and
Mantelli Drive
Assessor's Parcel # 783 -21 -007
Name of Applicant Silicon Valley Development Corporation
Address 2328 Walsh. Suite C Santa Clara, Ca. 95061
Type of Development Proposed Residential Tract
Area 9.3436 Acres Storm Drain
Area R
Street Frontage 566 on Mantelli and 846.1 3 nn Santa TPrPRa Raill PVard
Special Public Works Services
Engineering Map Check
Subdivisions $190.00 + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
45 number of lots
Miscellaneous Engineering Service
9 hours x $32.55/hr
Public Works Microfilming (Maps and Plans)
8 sheets x $5.00 /sheet
Wood Pole Mounted Electrolier
01- 100 -1100- 600400 $ 651q-()O
Paid (329.00)
$ 325.00 x
$ 293.00
$ 40.00
$ N/A
FF @ $5.25/FF
Engineering Plan Check and Inspection 01- 100 - 1100 - 600412 $ 18,59 7.00
5% of the Cost of Public Improvements Paid (9,298.50)
2 z 9s
5% x $ 371,931.60 = * Subject to charge based on actual cost.
Submit Bids for confirmation
Storm Development Fee
Area "A" $1,868.00 /Acre 02- 220 - 1300 - 720200 $
Area "A -1" $3,716.00 /Acre
Area "B" $1,656.00 /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" $2,333.00 /Acre
9. 3436 Acres @$ 1656. 00 /Acre
Acres @$ /Acre
02- 220 - 1300 - 720201 $
02- 221 - 1300 - 720200
02- 222 - 1300 - 720200
02- 223 - 1300 - 720200
$ 1-9047 -1 _00
$Paid (7,731.50)
$
02- 224 - 1300 - 720200 $
02 -225- 1300 - 720200
02- 226 - 1300 - 720200 $
J845PA6E 75T
Front Foot Charges
Water
02- 230 - 1300 - 720400
$
32,0 16.00
(1611) 846.13 (Use 12 :)28.35 = 23,987.79
(10,012.00)Paid
(12 ") 566.15 FF @$ 14.18 /FF = 8,028.00
Sewer
02- 230 - 1300 - 720500
$
18 ,135.00
(1011) 702 20.61 = 14,468.22
_
(8,,;880.50 )Paid
( 811 ) 396 FF @$ 9.26 /FF = 3,666.96
Street Improvements
02- 230 - 1300 - 720600
$
n /a
(13,622.50)Paid
Pavement SF @ $ /SF - $ n/a
Curb & Gutter FF @ $11.41 /FF - $By Developer
Sidewalk SF @ $ 3.27/SF = $By Developer
Gal. Pole
Electrolier
& Conduit FF @ $ 5.25/FF -
$ By Developer
Fire Hydrant
Resident FF @ $ 2.67/FF =
$ By Developer
Comm & Ind. FF @ $ 2.99/FF =
$ n /a
Storm Drain See Calculation Sheet
02 -230- 1300 - 720700
$
45,683.00
(22,364.00)Paid
FF @$ /FF
Sewer Development Fee
07- 705- 1300 - 720100
$ W
/Bldg Permit
45 units @ $908 /unit = $40,860.00
Water Development Fee
07- 725 - 1300 - 720300
$
39.640.00
45 Units @ $880.88 /Unit
(19 , 820.00) Paid
Gals. @ $918.17/1000 GPD peak
Construction Water
07- 720 - 1900 - 800100
$
2,206.00
3,654 FF @ $0.55/FF + 9.3436 Acres
@ $21.00 /Acre
(1,103.00)Paid
Fire Hydrant Location Fee
07- 720 -1900- 800300
$
'31 _nn
$31.00 for the first 5 hydrants
(15.50) Paid
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits
08- 800 -1100- 600400
$
557,897.00**
Other See Calculation Sheet
02- 230 - 1300 - 720500
$
( -) 8,220.00
Credited
(- )4,110.00
TOTAL DUE CITY
$
164,219.00
Paid
89,066.50
Balance Due
$
75,152.50
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.
Accer
Date:
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CALCULATION SHEET
J 845pAI 758
Ctnrm llrmi n E
1/2 -24"
on Santa Teresa
846'
@
16.07 =
$13,595.22
1/2 -24"
on Mantelli
195'
@
16.07 =
3,133.65
24"
on By Tree Drive
727'
@
32.12 =
23,351.24
1/2 -18"
on Mantelli
366'
@
15.31 =
5,603.46
$45,683.46
Credit for Lift Station By -Pass
8" UCP 271' @ 20.00 = $ 5,420.00
S.S.M.H. 2 @ 1,400.00 = 2,800.00
$ 8,220.00