Arcadia Development Company (5)Y
PROPERTY DEVELOPMENT AGRFFr1ENT
AGREEriENT FOR FxTE- 1151ONS OF MATER DISTRIBUTION SYSTEMS:
IMPROVEMENT Of `;1RFFT 'S; I'1'J` %Lt_AiI0,4 Or SF►ICRS, STORM
!)RAINS A00 OjlltR Pc:ILIC 1IU2Ki Fi�CILV;,LS
This agreement made and entered into this 7th day of January
19 80� by and between the City of Gilroy, a municipal corporation, herein called
the "City" and - ARCADIA DEVELOPMENT CORP.
.areal property owner.
developer or subdivider, herein called the "Developer."
WITNESSE-TH:
VJIHEREAS, 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 #6255 HIDDEN GLEN UNIT #6 and,
WHEREAS, the Developer requires certain utilities and public works facili-
ties in ord.�r 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, Ordiiiances 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 aiid public service facilities after acceptance by
City. and for providing the necessary connecting system, general plant and
appurtenances, and the City Is agrebing to discharge those responsibilities.
NOW THEREFORE. in consideration of the premises and In order to carry on
the intent end purpose of said Codes, Ordinances. Resolutions and Regulations,
it is agreed by and between the parties as follows:
CrrTfAm 7
That all 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 lncoroorated
)►erein to the SdMe effect dN if they were set out at length herein. Said Codes.
Ordinances and Regulations Include, but are not limited to. the following: The
.ode of the City of t ;, °r +sv , nc.ouding but not limited to f idpters 12A. 19. 20. 21
and Res. 76 -41 an0 70
tJbdivision or deve' •rvib_
etc.),- Ordinance
,(le) ; Rules and
Codes. Ors! 1 nan'
endv,� to t °io° 14
Iflo—"of pertaining to ioz-al imp— vement procedures In
`%Pectively) ; Ordinance No a I,' ISubdlvision Procedure.
r 'W^ i, Ord.); Ordinance tie. ' 9i '071 Uniform Huildinc
'ncluded in the atw_
, . Regulations any'
this agreeMvW
-11-
-f the above referrer
thereof. as
SECT16W 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 558_x.649.09 and shall guarantee the
falthfull performance of this agreement; one shall be executed In an
amount no lees than 50% of the above menticned bond and shall secure
payment to the contractor, his subcontractors and to persons renting
equipment or furnl5hing 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 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 re-
ferred to above. being attached hereto. are hereby Incorporated herein and
expressly made a oart of this agreement.
SFrTInF1 k
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 fai lure, neglr.ct i,r (1f the Developer 1. -,o por-furm, or to pay
any Monies due hercunder when due shall release the C=tv from any and all
0
. 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.
SECTIM 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 6 Rights
Of way "On Site" $ 100% $ -0- $ 100%
b. Easements 6 Rights
of way "Off Site" $ 100%
c. Water "On Site" $ 100%,
d. Water "Off Site"
$ 13,427.08
e. Sewer "On Site" $ 1,427.75
See Cost Schedule
rt. °.)ewer "Off Site Deferred
with building
-3-
$ -0.- $ 100%
$ 10- $ 100%
credit for
oversizing
$ 1,910.80 $ 11,516.28
$ -0- $ 1,427.75
$ -v— $ Deferred
g. Storm Drainage s 100 %s -0 y $ 10.0 %,
"On Site"
credit for
oversizing
h. Storm Drainage
"Off Site" s 11,585.20 $ 33.,$09-5n $ 7,782.70
1. Engineering, Inspec-
tion. b Plan Check.
4% x $582,649•og $ 23,305.96 i -0- s23_30A_q(,.
J. Street Tree
Planting
See Cost Schedule
k. Construction Water,
Oust Control E
Earthwork
See cost schedule
1. Street Paving
S 750.00 S -0-
$ 750.00
$ 511.15
$ 100% $ __0- s 100%
See "Additional
Stipulations" - Item #2
m. Street Curb 6
Gutter $ 100% $ -0- 5100%
n. Sidewalks
o. Street Name Signs
_ i nngi_
$ 100%
p. Fire Hydrants
"On Site" $ 100%
-4-
$ -0- $ 100%
$ 100%
q. Street Lighting $
1000 $ -0_
$ 100%
DUE CITY BY DEVELOPER
$•fit„ =007,14
DUE DEVELOPER BY CITY
S :5,713.30
NET DUE CITY $45,293_.84
IN FITNESS WHEREOF, said parties have caused thew „�..
presents to be
executed the date and year first above written.
ATTEST:
j _4 / � i
crti-
i
FORM APPROVED:
j1(
City Attorne
CITY OF GILROY .
DEVELOPER
�e4'4Z)i.4 10v,
By
sw 7+ Co .
DY oev , O "S
6.csr x!• 5r,4�y, dimes Pass .
DATE S ��
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.
1
Location of property
Assessor's Parcel J#
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
THOMAS ROAD
No.
Date 11 -13-79
Initialed W.B.L.
Name of Applicant ARCADIA DEVELOPMENT CORPORATION
Address
Type of Development Proposed
Area 13.347 AC Storm Drain "A" @ $868 /AC
Frontage
COST SCHEDULE
I.
Front
Foot Water
Charges
LF @
/F.F. _
$
By Developer
2.
Front
Foot Sewer
Charges
280.50
LF @ $5.09
/F.F. _
$
1.427.75
3.
Front
Foot Storm
Charges
LF @
/F.F. _
$
N/A
4.
Front
Foot Street
Improvements
SF CO
/S.F. _
$
N/A
5.
Front
Foot Curb &
Gutter Charges
LF @
/ _
$
N/A
6. Area Water Charge
13.347 Acres @ 1,006 /Ac. = 13,427.08 $ 11,516.28
Credit for oversizing -1,910.80
Balance Due 11,528
7. Area Offsite Storm Drainage Fees
13.347 1lcres '1 868.00 /Acre = 11,585.20 $ 7,782.70
(cred i t for overs i z i ng ) -3 802.50
8. Offsite Sanitary Sewer Fees Balance Due $ 7— 78-2:70
@ / _ $ W /B.P.
9. Recreation Fees
@ / _ $ W /B.P.
10. Engineering Plan Check R Inspection
4% x 582,649.09 =
11. Water Meter Charge
Meter @ _
12. Electroliers
LF @
13. Fire Hydrants
LF @
14. Construction Water �
2,904.95 /LF + 13.34 /Acre = -45 -fir' + 75.41
* 15. Street Trees *
23,305.96
$ W /B.P.
By Developer
g By Developer
$ 511.15
15 trees @ $50.00 per trez $ 750.00
16.
17. _ $
Total = $ 45,293.84
STIPULATIONS SEE ATTACHED STIPULATIONS 1 -8.
*Street Trees within subdivision to be paid for with
building permit. Fee shown above is for trees along
Thomas Road. (See "Additional Stipulations" - Item #7)
-2-
TRACT #6255 - -- HIDDEN GLEN #6
Calculation Sheet for Development Fee Credits
-; STORM CREDIT
Actual Cost of 42" RCP installed = $49.50 per LF
Estimated Cost of 36" RCP installed = $45.60 per LF
Difference = 3.90 per LF
Number of LF = 975
Total Reimbursement
or Credit = $3,802.50
WATER CREDIT
Actual Cost of 12" CIP installed = $18.60 per LF
Estimated Cost of 8" CIP installed = $11.80 per LF
Difference = 6.80 per LF
Number of LF = 281
$1,910.80
*Thomas Road -- Citv's Share of Pavina*
i.S /Z • o a
Grading 7200 Sq . Feet @ .21 Feet = -1 , 152. eB
Paving 7200 Sq. Feet @ 1.06 Feet= 7,632.00
(3" A.C. on 12" AGG. Base)
Total Due Developer $ 9,144.00
By City
To be paid 35 (thirty -five)
days after final acceptance
of tract.
t
ADDITIONAL STIPULATIONS AND TERMS
TO THE Development AGREEMENT
BETWEEN THE CITY AND Arcadia Dev. Corp. DATED January 7, 1980
Tract #6255 Hidden Glen Unit #6
1. Owner agrees to dedicate and improve all streets as phown on
the Tract Map for Tract #6255 - Hidden Glen Unit #6.
2. The owner acknowledges his responsibility to provide public
improvements along all property frontages. The owner shall
complete all public improvements shown on the approved plans
along Thomas Road from the centerline of Princevalli� Street
to the Easterly Boundary of Tract #6255. The City will
participate in the amount of $9,144.00 for that ten foot wide
portion south of the centerline of Thomas Road from Sta. 0 + 60
to Sta. 7 + 80 as shown on the improvement plans. The City's
share shall be paid the developer 35 days after final acceptance
of the tract.
3. The owner shall install a 12" water main in Thomas Road along
the frontage of this tract and connect to the existing 12"
main at the Easterly Boundary of Tract #6254. The city shall
reimburse the owner for water main oversizing which shall be the
difference between an 8" water main and a 12" water main. The
oversizing reimbursement shall be paid as a credit against
the area fees. Reimbursement of other appropriate water main
costs shall be made after adjacent properties develop and costs
are collected provided that such properties develop within ten
years of the date of this agreement. Only reimbursements as
stipulated in Resolution 76-41 or its successor shall be paid.
4.1 The owner shall install a one inch overlay on that portion of
Victoria Drive as stipulated in the development agreement for
Tract #6254.
5. The owner shall provide grass planting on all cut or fill slopes
wherein the elevation difference between the high and low sides
is 3 feet or greater and the fill slopes along Thomas Road as
specified in the development agreement for Tract u245 --�GZ S"�
6. The owner shall install a storm drain main along the future
Victoria Drive of a sufficient size to accomodate this Unit and
future Units of this subdivision, and shall install a 42" Storm
Drain Main along Monterey Street across Thomas Road to an
existing drainage ditch, which drainage ditch shall be re- graded
to connect to the existing 42" Storm Drain Main approximately
700' South of the centerline of Thomas Road. The owner shall
also install a 42" culvert in conjunction with the ditch work,
across an existing gravel driveway located approximately 400'
South of Thomas Road. The city shall reimburse the owner for
Storm Drain Main oversizing which shall be the difference between
a 36" Storm Drain Main and a 42" Storm Drain Main. The oversizing
Arcadia Development Stipulations
Page 2 Date
reimbursement shall be paid as a credit against the Area Offsite
Drainage Fees. Only reimbursements as stipulated in Resolution
76 -41 shall be paid.
7. The owner shall deposit with the City an amount sufficient
to provide street trees along the North side of Thomas
Road at the rate of one (1) tree for every thirty (30) feet
of frontage from Princevalle Street to the Eastern boundary
of Tract #6255•
8. The exposed aggregate in the park strip as shown on the
improvement plans for Tract #/6255 shall not be installed,
but in its place, the owner shall install a tree
irrigation system consisting of an irrigation line,
automatic timer and bubblers at ten (10) feet on center
size of line and type of automatic timer to be specified
by the City of Gilroy Parks Department. Plans will be
provided by the City.
Signed
Dated