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Arcadia Development Company (2)�C;?£E; IENT FORrEXTEAS 1 X`S OF %TE R D I STR I'UT I O;i S 4 STEHS: T Y 1�3i JTii .�`..CTr; i :.: . l!r RS T{0 r� 1J1I's�;`i'CIi ill ; T�iL! iii J �s`- s�L i c,:, i V;.li DRA 1 i 11 S, A D 0 T H E R RU :'L I C `A0Ri.S FA' C I L i T I ES This agreement made and entered into this 6th day of October , 1 75 , by =_nd be tween the C i t of G i 1 roy , a rnun i c i pal corporat i on , here in ca 1 i ed th-2 `City" and T Arcadia a real property ot- �,ner, :yev- toper or subdivider, herein called the "Developer". cr —vol. �'�ITfdESs�:l Z. 131HEREAS, a final map of subdivision, record of survey or building permit (:site Clearance) application has now been submitted to the City for approval and covering certain real estate known as and tailed: Hidden Glen Tract 106 _ and, `:!1iFREAS, the Developer requires certain utilities and public works facili- ties ;n order to service the property under the minimum standards established by the City and, VNEREAS, 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, �:i1EREAS, the City has certain responsibilities for maintenance and operztiPon 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. N0'i THEREFORE, in cons i .lerat iron 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: SEC T 10 14 1 Th:at.all Codes, Ordinances, Resolutions, i;ules and Regulations and established policies of the City and the laws of the State of California concern- !rig the sui)_ject matter of.this agreement are hereb y referred to and incorporated herein to the sage effect as if they x,!ere set out at lefigth herein. Said Codes, t,rd ;nances and Re-,-,lulat ions include, but are not limited to, the foilCiAIing: Tile CSide of the City of Gilroy (i ncl ud i net but not l i r,-! i ted to Chapters 12t., 1;:,, 20, ? 1 and Res. 1474, thereof pertaining to local improvement procedures in subdivision or development respectiively); Ordinance swo. •02 (Su :division Procedure, e*_c.)C'r:4-i- nanc:e NO. 71' (Zan i n:; Ord .) ; (3 rd i nonce fJo. `65 (1967 Uniform 'Iu l l d i nn Code)- Ru 1 i = and Regulations. Included in the above are all of the above referred to Codes, Ordinances, Resolutions, Regulations and Substitutions therefor, as amended to t;zp time of executi :ra of thT c ;re >:�erit. 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, electricity 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. d. To construct and improve all public works facilities and other improve- ments as set out herein, according to the standards heretofore estab- lished, and according to the grades, plans and specifications thereof, all as approved by the City Engineer; and shall furnish two (2) good anJ sufficient bonds, each of which shall be executed in the face amount of no less than $ 2290,Q00,00 and one of which bonds shall guarantee that faithful performance of this agreement and the other said bond 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 11612 of the Business and Professions Code of the State of California, the Codes, Ordinances, Resolutions and Regulations of the City, and this agreement. 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, except costs to be borne by the City, shown in Section 7 th-s" of to be due under the terms and provisions of this agreement. SECT ON 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. SECT10itl L, 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. SECTIOM 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, SECTiOm 6 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 oc�i-form,, or to pay n:>nies ciu,y here- under 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 or Regulations of the City, in the event of any such default by Developer. SECTION 7 That the following are the estimated amounts of costs to be borne by the respective parties hereto, and it is further understood and agreed that said amounts are estimated only and are subject to final determination upon completion of the work. I FACILITY a. Easements & Rights -of -way "On Site ", b. Easements & Rights -of -way "Off Site ", c. Street Paving See calculation sheet DEVELOPMENT COSTS $ 1000 $ 100% d. Street Curbing; see City Code Sec.26 -12, Table II $ 100; BALANCE DUE 'CITY'S COSTS CITY $ -0- -0- $ -0- -0- $ 2,608.67 7,975.25 $ -0- e. Sidewalks; see City Code, Sec. 26 -12, Table 11 $ 100% $ -0- f. Street Name Signs; see City Code, Sec. 26 -12, Table It $ 100 $ -0- ZZ 0. Street Tree Planting � Parkway Improvements; City Code, ..� > ,560.00 See calculation sheet h. Street Lighting; o 100/ $ -n- _ $ 1 , 560.00 $ -0- i. Elater "On Site" $`4,775.60 $_ _=9- -.$ 4,775.60 See calculation sheet j. `later ;`Off Site" $ 7,635.60 $ __�II��$ 7,635.60 See calculation sheet i:. Sanitary Sevier "On Site" See calculation sheet $ 2,984.75 1. Sanitary Setter, "Off Site" $ -14,080 *Paid with building permits M. Storm Drains On Site" $ 6,895.60 See calculation sheet n. Storm Drains, Off Site $14,316.75 - See calculation sheet o. Engineering, Inspection Plan Check 3.5' x ;290,000. -�" — $ 10,150.00 -4- $ _ -0- 2,984.75 $._ -0- deferred 895.60 $ -0 -_ -S-14,316-75 $ 10,150.00 DUE CITY '?Y [)LH Ii LGPF.R $ 58 902.22 DUE DEVELOPER BY Cliff' $ 2,60£3.57 BALANCE DUE CITY $56,293-5S IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. CITY OF GILROY ATTEST: ��Y L City Clerk PROVED: City At DEVELOPER ty ALRrfnl's'Crator YlflaS . r MOTE: If Developer is a corporation, the complete legal name and corporate seas of the corporation and the corporate titles of the persons signing for the corporation shall appear above. r BY 1 BY ty ALRrfnl's'Crator YlflaS . r MOTE: If Developer is a corporation, the complete legal name and corporate seas of the corporation and the corporate titles of the persons signing for the corporation shall appear above. r DEVELOPMENT COSTS HIDDEN GLEN TRACT 5706 Calculation Shcet Area 21.21 Ac. 1. Water Offsite 21.21 Ac. @ 360 Onsite 1193.9 LF 12" CIP, 1/2 8" Main @ $4.00 /FF 2. Sewer Offsite $160.00 /lot w /bldg. permits Onsite 15" VCP, chg. 1/2 of 8" 1193.9 LF @ $2.50 3. Storm Offsite 21.21 Ac. @ $675./Ac. Onsite Princevalle St. 1193.9 LF @ $4.00 Georgetown Place 530 LF @ $4.00 4. Engineering @3.5% x $290,000. 5. Existing Street Paving 1193.9 LF x 15' = 17,908.5 SF 17,908.5 SF @ $.591 /SF 6. Street Trees 88 Lots @ $15.00 ea. $1,320.00 16 Add. for Corner lots @ $15.00 ea. = 240.00 $ 7,635.60 $ 4,775.60 deferred $ 2,984.75 $ 14,316.75 $ 4,775.60 $ 2,120.00 $ 10,150.00 - $ 10,583.92 $ 1,56O.00 TOTAL $ 58,502.22 7. Credit for 1/2 of Ac. overlay on Princevalle St. 1193.9 LF x 38' = 45,368.2 SF @ $0.115 = $5,217.34 1/2 of overlay = $2,608.67 $ 2,608.67 CR TOTAL S 56_,, 293.55 1 `. f yffff' 0Tt Telephone 842 -9321 DEPARTMENT OF PUBLIC \NORKS Aq 7377 Church Street, P. O. Box 66 GILROY, CALIFORNIA DAVID W. HANSEN 95020 DIRECTOR OF PUBLIC WORK5 CITY ENGINEER Hidden Glen Stioulations 1. The owners agree to dedicate and improve all public right - of-way within the tract boundary and construct utilities outside the tract boundary as required to service the subdivision and as.shown on the improvement plans. 2. The owner shall comply with all requirements established by the Planning Commission as outlined by the minutes of said Commission. 3. The owner shall provide one inch water meters to each lot within the subdivision. 4. The City will participate in the required one inch A.C. overlay on Princevalle Street. Participation shall be limited to $0.115 S.F. for 1/2 of a total of 45,368.2 S.F. (Princevalle frontage 1193.9 x 38') The deveioper.will pay the City for existing street improvements. 5. The developer agrees to complete the fire protection system and the placement of baserock before any house framing. No buildings will be finaled until the final lift of paving is in place and all public improvements have been tested and approved. 6. All electroliers shall become City property.