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Arcadia Development Company (3)/ 1 � PROPERTY DEVELOPMENT AGREEMENT AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLiC WORKS FACILITIES This agreement made and entered into this 1 day of November &ys.' 1976, by and between the City of Gilroy, a municipal corporation, herein called the "City" and Arcadia Development Cott. , a real property owner, developer or subdivider, herein called the "Developer." WITNESSETH: 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: Hidden Glen Unit #3 Tract 5846 and, WHEREAS, the Developer requires certain utilities and public works faciii- ties 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 i That ali Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California concern- ing 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 and Res. 75 -43, thereof pertaining to local improvement procedures in subdivision or development respectively); Ordinance No. 602 (Subdivision Procedure, etc.) Ordinance No. 711 (Zoning Ord.); Ordinance No. 1768 (1973 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 per- formed by the Developer in each and every one of said Codes, Ordi- nances 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 im- provements 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 $ 453,203 , and shall guarantee the faithfull performance of this agreement; one shall be executed in an amount no less than 50% of the above mentioned bond and shalt secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improve- ment 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. 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 cost to be borne by the City, shown in Section 7 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 pur- suant to -the ; terms of ,th i s agreement are to be' completed within one, gear. f rom and after the date and year first above written. SECTION 5 That the special provisions concerning the particular real estate re- ferred to above, being attached hereto, are hereby incorporated herein and. expressly made a part of this agreement. SECTION 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,­fieglect 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 -2- obligations hereunder and the City, at its election, may enforce the perfor- mance of any provision herein, or any right accruing to the City or may pur- sue any remedy whatsoever it may have under the laws of the State of Califor- nia 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 of final determination upon comple- tion of the work. FACILITY DEVELOPMENT COSTS CITY'S COSTS BALANCE a. Easements & Rights of way "On Site" $ 100 % $ -0- $ -0- b. Easements & Rights of way "Off Site" $ 100 % $ -0- $ -0- c. Water "On Site" $ 11,118.27 $ 3,652.11 $ 7,466.16 See Calculation Sheet d. Water "Off Site" $ 35,250.24 $ -0- $ 35,250.24 See Calculation Sheet e. Sewer "On Site' $ 3,577.96 $ 921.47 $ 2,656.49 See Calculation Sheet f. Sewer "Off Site" $ Deferred $ -0- $. Deferred See Calculation Sheet _3_ g. Storm Drainage $ 4,147.35 $ -0- $ 4,147.35 "On Site" See Calculation Sheet h. Storm Drainage "Off Site" $ 30,414.72 $ -0- $ 30,414.72 See Calculation Sheet 1. Engineering, Inspec- tion, S Plan Check, 4% x $ 453,203 $ 18,128.12 J. Street Tree Planting See Calculation Sheet k. Construction Water, Dust Control Earthwork See Calculation Sheet 1. Street Paving See Calculation Sheet m. Street Curb Gutter n. Sidewalks o. Street Name Signs p. Fire Hydrants "On Site" See Calculation Sheet $ -0- $ 18 128.12 $ 2,256.00 $ -0- $ 2,256.00 $ 887.98 $ -0- $ $ 6,748.22 $ -0- $ 6,748.22 $ 100 % $ -0- $ M $ 100 % $ -0- $ -0- $ 100 % $ -0- $ -0- $ 1,171.16 $ -0- $ 1,171.16 -4- d ' q. Street Lighting $ 100 % $ -0- $ N DUE CITY BY DEVELOPER $ 109,126.44 DUE DEVELOPER BY CITY $ NET DUE CITY $ 109,126.44 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. CITY OF GILROY ATTEST: f 'F City Clerk' FORM DEVELOPER '0"e"433 r:9 -d p IF 1/e COPIN j ".7 �o Q DATE /%— .5�- 7 G NOTE: if Developer is a corporation, the complete legal Flame and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. s Total HIDDEN GLEN #3 TRACT 5846 CALCULATION SHEET Area: 35.04 Acres Frontage: 1023.5 Linear Feet Tenth Street 702.94 Linear Feet Princevalle Street Water Fees Frontage charges 1726.44' X $6.44 = $11,118.27 Area water charges 35.04AC X $1006 = $35,250.24 Credit 12" Main oversizing 12" - 8" $16.85 - $10.20 = $6.65 X 279 Linear Feet - $1,855.35 Credit 112 of 8" Main $6.44 X 279 Linear Feet Tenth Street = $1,796.76 Sewer System Fees Frontage charges 702.94 X $5.09 - $3,577.96 Area sewer charges $550 X 111 Lots w /bldg. permit Reimbursement upon acceptance of fees collected from Gilroy Unified School District 1271 Linear Feet @ $5.25 - $6,672.75 Oversizing Credit 12" sewer main Tenth Street 12" Cost - 1/2 8" Cost less School District Reimbursement $11,502.55 - $3,908.33 - $6,672.75 - $921.47 Storm System Fees Frontage charges 702.94 Linear Fee @ $5.90 - $4,147.35 Area storm charges 35.04AC @ 868 - $30,414.72 Reimbursement upon acceptance of fees collected from Gilroy Unified Schood District 1279 Linear Feet @ $5.50 - $7,034.50 Street Improvements Existing paving on Princevalle 15' X 702.94' = 10,544.1 SF @ 0.64 /SF = $6.748.22 Engineering and plan check Project Total $453,203.70 @ 4% _ $18,128.12 Existing fire hydrants Tenth Street 874Linear Feet @ $1.34 - $1,171.16 Construction water 4600 Linear Feet @ 0.15 $690.00 35.04 AC @ 5.65/AC $197.98 Street trees $887.98 111 Lots @ 1 Each 15 Corner Lots @ 2 additional Each 141 @ $16.00 _ $2,256.00 STIPULATIONS FOR HIDDEN GLEN TRACT 5846 1. The developer agrees to dedicate and improve all street right of way within the development to City of Gilroy specifications. An additional 90 feet of improvements on Tenth Street west of the tract boundary shall be fully improved for a compatable street transition. Since this 90 feet extension is in conformity with the approved tenative map and the owner and developer are the same, the city will not credit funds for this extension but will compute all fees for Tenth Street to include this extension. 2. The Gilroy Unified High School has advanced funds to cover their share of the water, sewer, and storm drainage installation on Tenth Street. These funds will be credited to this development in the following manner: a. A credit of $1,796.76 for 279 feet of water main extension on Tenth St. b. The city will reimburse the developer for sewer main in Tenth St. upon acceptance of the project. Reimbursement shall be $6,672.75 for 1271 Lineal Feet @ $5.25. c. The city will reimburse the developer for storm system in Tenth St. upon acceptance of the project. Reimbursement shall be $7,034.50 for 1279 Lineal Feet @ $5.50. 3. The city will participate in the oversizing of the 12" sewer main in Tenth Street. City participation shall be limited to the bid cost of 12" pipe less one half of the cost of 8" pipe and the amount contributed by the school district. A credit of $921.47. 4. All electroliers shall become city property. 5. All additional fees as stipulated in City Resolution No. 76 -41 shall be collected. 6. All water meters and services shall be one inch. 7. The owner shall provide two 8" sanitary sewer laterals and two 6" water services with valves in the street for future service to Lot 315. 8. The sidewalk and three electroliers along the frontage of Lot 315 may be deferred until development of this parcel or within two years of this agreement, whichever comes first. 9. It is the developers responsibility to maintain or seal all wells within the development. All wells on the developers property shall be protected or sealed to county health department standards. 10. The developer shall overlay Princevalle Street with a one inch layer of asphalt. 11. Street trees are not included on Lot 315.