Arcadia Development Company (6)I'11014 PI Y hFV1 LOV -1E NT AGRF Plf NT
AGRCEtILNI F(1It r X I I rV,I(it)S OF WA TI P 1) 1 ;1RI III IT IMI SYSTEMS:
IMPROVLMi NI 01 ',1141 V), I'I',t ^,LI.AI 11 K 0I '-A ITRS, STORM
I►R1l I NS Ar1O 01 l if IC I' :'t( I C IR i. ".�;,, FW" I L 1 , , L
This agreement made and entered into this 18thfj (iy of August
19 sq by and between the City of Gilroy. a municipal corporation, herein called
the "City" and Arcadia Development
_• a real property owner.
developer or Subdivider, herein called the "Developer."
WITNESSETH:
0HEREAS, a final map of subdivisiono 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 # 6256, Hidden Glen #7 aMi�
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. Ordinances and Resolutions and certain Rules and Regulations have Wen
promulgated concerning the subject matter of this agreement and,
WHEREAS, the City has certain responsibilities for maintenance and
operation of such utilities arid public service facilities after acceptance by
City, and for providing the necessary connecting system, general plant and
appurtenances, and the City Is agreling to discharge those responsibilities.
NOW THEREFORE, 1n tonslderdtion of the premises and In order to carnal on
the Intent i:nd purpose of said Codes. Ordinances. Resolutions and Regulations,
It is agreed by and between the parties a$ 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 concarn-
Ing the subject matter of this agreement are hereby referred to and lncoroorateed
herein to the some effect as if tht:y were set out at length herein. Said Codes.
Ordinances and Regulations Include. but are not limited to. the following: The
Code of the r'ity of Gilroy (Including but not limited to Chapters 12A. 19. 20. 21
dnd Res. 76 -41 dno 76 -.47. thereuf pertaining to local Improveftwnt procedures in
subdivision or developownt re%pectively); Ordinance No. 6()? (tiubdivlslon Procedure.
etc.); Ordinance no I1' (TI)nin/l tied.); Ordinance No. 17611 093 Uniform Building
Code), Rules 1riol Rreluldt•1,►r►� Iric, luded in the above dre all of the ahuve referred
Lo Codes. t1rlinan(l•s. R,•.ulutlun�. Pequldtions and `�uh%tlt.utlons thereot. ns
d'rrl'I te) "r- 1 in"- Ot e•xr•, Ut iIul of 00% d(Ireeynt•rlt
t-iccl-10fi- 2-
late Developer agree:,:
J. ro pes too III cac,h and every pruvisIon required by the City to be per -
tor-med by the Developer In each ttnd every one of said Codes. Ordl-
nancv') and othl:r Ijt:guldtlons.
b. ru )rant to file City wlthout charge, free: and clear of encumbranc s,
tiny and till stipulated edseawnts and rights of way In and to his
%aid rcal prol,crty neLerssdry fur the Clty In order that Its water.
uICCEr It,l ty, and /or sewer I Incs In or to steld real property may be
cxle:nded.
c. To Illdumnity dnd hold Elie City harmless and froe from all damage and
i Ial►i l l ty done: to any uti I1 ty, Public fact 11 ty or other material or
I1151"1Idtlon of the City on said real estate, whlch the Dovelopear or
tiny cu►ntrdc.tor or subt.untrdc.tor of the Ucveloper► or any efrployce
theroot. Shall du in grdding or working upon said real estate,
d. To construct and Improve all public; works facilities and other Inr
pruVe'llents as set out herein► according to tha standards heretofore
c5tdblls1ad, and according to the grades. plena dnd Specifieatl�ns
the ; re -uf, all cob approved by the CI ty Engineer; and shall furatIo
two (2) yt►ud dnd Sufflclent bonds. One shall ben CXCGUtcd III the face
dna,urrt of no less th..►n 5 7-1 anti shall gusrantuer the
faI thruI 1 perfurtll.>Ine_e; of thN agreement; one shaI I be executed In an
ti1rh,unt no than 50% or the above mont It,nad bond and sha I l secure
Payment to tile_ cuntraetor, his iubcontroctors and to perrsonu renting
cyulpnlent or furnl .hlny Iabor Of nlatarlals to them for the Improve -
II n t he: ruunde r , .end ,r, provided fur Ire Su4 t I on 4200 -4110 of the
Government f_utle ul the State of Callfurnla, the Codes, Ordlnaneos,
Itcsolutluns anti Ntltolatlun:, of the: City, and this ogleeelrosnt.
e. That upon dppruval of the findl Map of the subdlvlslon, the record of
Survey Of the bulld111y perinit e.overinq the real estate to be Improved
and before any we►11, !� du+ee thereln. the Devaluper shall pay to the
City all stns, e)(44 -11l cost to be borne: by the City, shown In See,y:lon
/ (herctlt to he 11ur lulder tilt- torms and provI2.1("IS of tills Agreement.
SECTION 3
That all sums shown hereln to be payable by the Qevesloper to the City Oro
dust and payable to the City upon the execution of this agreement.
SECTION 4
lhat all the provislons ,( tills agreement and all work to be done pur-
suant to Lite , terms 1)t thi 5 .,1 j, o -ment are to be cur►Iplatod wl thin one :year from
and after the date: and year lirtit above written.
SECTION 5
That the: spccldl provi -tions concerning the particular real estate re-
ferred to above. being attat.ht..l hereto, are hereby incorporated herein and
expressly made a part of tll•, agrcetwnt.
SECTIOII 6
the t,r i 1 hf u I and p1 umpt i►C 1 tornwnce by the ')cve leper of each and every
to l ill alld Lolltl l t l on t.t,nta l rlc.l h( 1 .• I n I,, made all e)Iprc: , . mid 1 t ion precedcnt to
the
duty of tilt:
City tit I1t-1fItIP
Illy ,,ut
In (t►nnr,r It will, Ells traw'.&Ltloll.
and
tilt. t.l l l l)r f
, Ill .! It ( 1 , I 1 1''
.11 11
L lu 'll.-VC. .1111.1 I 1 ,.1 .11 I .. .'v
.Illy
1114.1111". .h,.
f to' 1. . 11. 1. 1 .� . .', ,,
', h.11 I
11: It- .I. , III• 1 ` .tilt - -ky dill .
obllgdtions hereunder a►►d the LIty, at Its election, may enforce. the perfor-
mance of any pruvlslun herein, or any rl►aht dccruing to the City or may pur-
sue any remt;dy whatsoever It may have under the- laws of the State of Califor-
nId or the Codes, Urdlnancey, Resulutions or Regulations of the City, In the
event of any such default by Developer.
SECTION 7
That the following are the nstlmated amounts of costs to be borne by the
respective parties hereto, and It Is further understood and agreed that sold
amounts are estimated only and are subject of final determinatloo upon Gomple-
t Ion of the work.
FACILITY OEVELOPMUIT COSTS CITY'S COSTS BALANCE
a. Easements 6 Rights
of way "On Site"
b. Easements 6 Rights
of way "Off Site" 5 --199 5 -0- $ 100%
e. Water "On Site" $ By Developer $ -0- $ BX Dgggl.9 er
d. Water "Off Site" $ 38134 $ 9925 $ 28,202
26 173 Ar Q 4- -..TiA P= 38,134
Credit for nyPrci71 ^qa 9,925
e. Sewer "On Slte" $ 19,168
Monterey 1170@ $8. /ft = 9360
Thomas 1226' @ $8. /ft 9808
f. Sewer "Off Ite" Deferred
With_ Bui ldi_ng Permi t
-j-
$ _0_ $ 19,168
$ _0- $ Deferred
9., Storm Ur d i l tt- : S By Developer S -0- ,: $ By Devejon ,r
'On 51te"
h. Stonn Ura I nage
"Off Site,,
-0- $,.22,718 _ _ ----
26.173 Ac @ $868 /Acre= 22,718
1. Engineering. Inspec-
tion, b Plan Check.
4% x $ 722, 310.71 $ 28, 892 S -0-
J. Street Tree
Planting
With Building
Permlt
k. Construction Water,
Dust Control b
Earthwork
$ pierGrred S -0- $Deferred
4562 if @0.30 /LF +26.173 Ac @ $11.30 /Ac =1664
- ' -- -
1. Street Paving $ By Devloper $ -0-
See Stip. # 11
m. Street Curb 6
Gutter $ By Developer $ -0- spP�,e7pr
n. Sidewalks $By Developer $ -0- $ Rv DPyelnnPr
O. Street Name Slyns 5 5y_Davel�,,,_ A- $ -0-
p. Fire, Hydrants
"On By Developers _ 5_._ -0-
q. Street Lighting
r. Engineering Map $
Check
$166.70 + $2,50 (n)
n = Number of Lots =108
$ By Developer $ -0- $ BY Developer
S. Public Works $ 70
Microfilming
$5 /sheet x 14 sheets
437 $ -0 $ 437
$ -0- $ 70
t. Misc. Engineering $ 100 $ -0-
Service
No. of hours x $24.97
4 x $24.97 =100
U. Fire Hydrant Location Fee $ 35 $ -0-
$25.18 for the first 5 hydrants
+ $2.52 for each additional
9 hydrants
DUE CITY BY DEVELOPER
Due Developer by City
NET DUE CITY
$ 100
$ 35
111,218
9,925
101,293
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTE r:
City CArk
CITY OF GILROY
DEVELOPER
FNJd4 APPROVED: BY � ''
City Attorney 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.
SIAIE 01' CALIFORNIA ) ss
COUNTY Of-SANTA CURA )
On this 23rd day of October , 180 before rne,
Kerry E. Nuovo _ , a Notary Public in and for the
said County and State, residing therein, duly cwwnissioned and Sworn, per-
Son,i)ly app;:ared Eli Reinhard _, known to we to bu the
President , and Jesse W. Stacy
known to me to be the Vice President � � o f Arcadia
_ Development Co. _
the corporation that executed the within and foregoing instrument, and kno,rn
to ow to be the persons who executed the within instrument on behalf of said
(orporotion therein named, and ackno- ticciged to me that such corporation
CXCCLItCd the within instrument pursuant to its by -laws or a resolution of
its Goard of i)ircctors.
In Witness Whereof, I have hereunto set my hand and affixed my
official_scal the day and year in this Certificate first above written.
OFFICIAL SEAL
KERRY E. NUOVO
m NOTARY PUBLIC - CALIFORNIA
SANTA CLARA COUNTY
My comm. expires SEP 23, 1982
Not ry Ara Iic in and for the County of
Santa , State of California
CITY OF GILROY
DLVLtOI'MLNT COST SCHEDULE
No.
Date 8 -12 -80
Initialed —S. L.
Location of property Northwest corner of Thomas Road and Monterey Highway.
Assessor's Parcel # ARCADIA TRACT #6256 Hidden Glen #7
Name of Applicant
Address
Type of Development Proposed R -1 (Subdivision)
Area 26.173 Acres Storm Drain "A" $868 /Acre
Street Frontage 1170 Feet (Monterey Highway), 1,226 Feet (Thomas Rd)
Engineering Map Checks 01- 100 - 1100- 6004 -11
Subdivisions $166.74 2. 50 (n)
Parcel Map 69. 79F 2. 50 (N)
N = Number of Lots = 108
Engineer Plan Check and Inspection 01 -100 -1100- 6004 -12
4% x $ X 722,310.71
X = Cost of public improvements
Miscellaneous Engineer Service 01 -100 -1100- 6004 -13
No of hours x($24.97)
4
Public Works Microfilming 01 -100 -1100- 6004 -14
$5 /Sheet (maps and plans) x 14 sheets
Emergency Services 01-100 -1100- 6004 -15
No. of hours x ($17.75)
Fire Hydrant Location Fee 01 -100 -1100- 6002 -01
$25.18 for the first 5 hydrants +
$.2.52for each additional hydrant (4) 9 Total
Area Water Charge 03- 300 -1300- 7203 -00
26.173 Acres C $1457 /Acre 38134
Credit for Oversizing 9925
Construction Water 07- 720 - 1900 - 8001 -00
4562 LF @ $0.30 /1-F 26.173 Acres @$11.30 /Acre
R
$ 28,892.
$ 100
$ 70
$ -0-
$ 35
$ 28,209
$ 1664
Development Cost' ScheduIc: -2-
Off - Site Storm Drain
02- 220 -1300- 7202 -00
District
"A"
$868/Ac
02- 220 - 1300-7202 -01
District
"A -1"
$3000 /Ac
02-221 -1300- 7202 -00
District
"B"
624/AC
02- 222 - 1300-7202 -00
District
"C"
759/Ac
02- 223 -1300- 7202 -00
District
"D"
720 /Ac
02- 224 -1300- 7202 -00
District
"E"
547/Ac
02-225-1300- 7202 -00
District
"F"
868/Ac
26,173 Acres (�$ --
868 /Acre
Front Foot Charges
Water
02- 230 -1300- 7204 -00
LF /LF
Sewer 02- 230 -1300- 7205-00
Monterey 1170 LF $8.00 /LF9360
Thomas 1226 8.00 /LF 9808
Storm Drain 02 -230- 1300 - 7207 -00
LF C$ /LF
Street Improvements
Pavement
Curb & Gutter—
Sidewalk _
Gal.Pole
Electrolier _
Electrolier
Conduit
Fire Hydrant
02- 230 - 1300 - 7206 -00
SF L$ /SF = $
LF @$ /LF = $
SF C$ /SF =$
LF L$
LF $
LF $
LF = S
/LF = $
/LF = $
$ 22,718
$ By Developer
$ 19,168
$ By Developer
$ By Developer
See Stip. #11
Wood Pole Mounted Electrolier 01 -100 -1100- 6004 -20 $ -0-
LF L $ /LF
Public Works Cash Bonds and Deposits 08- 800 - 1100 - 6004-02 $
Other $
TOTAL $ 101,293
STIPULATIONS
ARCADIA TRACT #6256 AGREEMENT
1) Locate and properly dispose of any wells, septic tanks and underground fuel
facilities.
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) Install curb, gutter and sidewalk to City standards along the entire
property frontage.
5) 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.
6) All fireplace chimneys shall be provided with a spark arrestor and should
not be located within 10 feet of trees.
7) The assignment of this agreement by the developer to another party shall
require prior approval of the city council.
8) Owner agrees to dedicate and improve to city standards all streets and
public improvements as shown on tract map and plans for
Tract #_6256
9) The owner shall install a tree irrigation system consisting of an irrigation
line, automatic timer and bublers at ten feet on center in the park strips
on Monterey Hwy and Thomas Road. Size of line and type of automatic timer
10)
to be specified by the City of Gilroy Parks Department.
`
The owner shall install a 12" water main in Thomas Road along the Thomas
Road frontage of this tract to extend from the 12" Main at the easterly
boundry of Tract #6255 to the 10" Main in Monterey Highway. The differ-
ence in cost between an 8" water main and a 12" water main shall be reimbursed
as a credit against the area water fees. Reimbursement of other app-
ropriate water main costs shall be made after adjacent properties dev-
elop and costs are collected provided that such properties develop within
ten (10) years of the date of this agreement.
11)
The owner shall complete all public improvements shown on the approved
plans along Thomas Road from the easterly Boundry of Tract #6255 to
Monterey Highway. The City will pay for a ten foot wide portion South
of the centerline of Thomas Road from Sta.3 +40 to Sta. 14 +86 as shown
on the improvement plans. The City's share shall be paid to the devel-
oper 35 days after the final acceptance of the tract.
( See calculation Sheet for the Development Fee - Credits)
Accented by Ch Gy,
TRACT # 6256 --------- Hidden Glen #7
Caluclation Sheet
"WATER CREDIT"
Actual Cost of 12" CIP installed =
Estimated cost of 8" CIP installed =
Difference
Number of LF=
Cost of 12" Valve
Cost of 8" Valve
Difference
Total to be Reimbursed =
20.00
13.00
7.00
13651
$9555
920
370
$9925
Thomas Road ------- -- - - - - -- City's share of Paving"
Grading 11.460 Sq Ft. @ $0.23 /sq ft. = 2635.80
Paving 11,460 Sq Ft. @ 1.17 /sq ft. = 13408.20
(3' A. C. on 12" Agg Base)
Due Developer M44.00
by the City
"Monterey Highway ------ - - - - -- Developers share of Paving"
10 ft x 1170 ft = 11700 sq ft @ $1.15 sq ft. 13455
Less (overlay) 11700 sq ft @ $0.30 /sq ft 3510
Due City by $ 9945
Developer
Total $ 6099
Due Developer by
City
To be paid (35) thirty -five days
after the final acceptance of the
Tract.