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Arcadia Development Company (7)PROPLIC"Y DI V1101 "PILNT AGIULMUN7 AGREE14ENT 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 15th day of March 19 82 , by and between the City of Gilroy, a _!iiicipal corparation, herein called the "City" and Arcadia Development Corp. a real property owner developer or subdivider, heTein 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: P_rincevalle Townhomes Condominium Development Tract #6257 and, WHEREAS, the Developer requires certain utilities and public works facili- 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 premi, ,s and in order to carry on the intent and purpose of said Codes, Ordinances, f;asulutions 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 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 Res. 76 -41 and 76 -47, 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, Resollutions, 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, Ordin- ances 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 $ 209,000 , 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 shall 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- CFrTInm h 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 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, neglect 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 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 comple- tion of the work. FACILITY DEVELOPMENT COST a) Engineering Map Checks $ 271.00 Subdivisions $190.00 + $:3,00 (n) Parcel Maps $ + $ (n) n= Number of lots n= 27 lots b) Engineering Plan Check and Inspection 5%x $ 208,618.00 c) Miscellaneous.EngLneer. Service No.of hours x $28.00 d) Public Works Microfilming $5 /Sheet (Maps and Plans). to sheets x $5 /sheet e) Fire Hydrant Location Fee $29.00 for the first hydrants + 3.00 for each additional 4 hydrants f) Area Water Charge Acres @ $ /Acre Acres @ $ /Acre -3- c In4li nn 56,.'0'0 . . $ 50.00 $ Paid 9) Construction Water 1278 LF @ $0.3�,ILF + h) Off -Site Storm Drainage Acres @ /Acre Acres @ /Acre i) Front Foot Water Fee LF @ /LF j) Front Foot Sewer Fee LF @ /LF Q Front Foot Storm Drain Fee LF @ /LF $, 435.90 Acres @ $12 -75 /Acre 1) Street Paving SF @ /SF m) Curb and Gutter LF @ IF n) Galvanized Pole Electroliers LF @ $ /LF o) Electrolier Conduit LF @ $ /LF -4- $ Paid $ Paid $ Paid $ Paid . Fire-Hyrit mi LF @ $ /LF q) Utility Pole Mounted Electrolier LF @ $ /LF r) Easements and Rights of Way "On Site" s) Easments and Rights of Way "Off Site" t) Other :, pa $ N/A $ 100% $ 100% S DUE CITY BY DEVELOPER $ 11272.00 DUE DEVELOPER BY CITY $ -0- NET DUE CITY $ 11272.00 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEST • /y G ✓ii�tit /G� I � ty Clerk FORM APPROVED CVtly Attorney i' i CITY OF GILROY DEVELOPER BY o ?/.ewc� DATE /J-. /004Y y NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons -5- STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA } ss On this 15th day of March 19 82 , before me, Kerry E. Nuovo , a Notary ublic in and for the said County and State, residing therein, duly commissioned and sworn, per - sonally appeared Jesse W. Stacy known to me to be the Vice - President , ar4 ----------------------------- - - - -rn to me 4 o. -ba.4 h43---------------------------------- Of Arcadia Development Co. the corporation that executed the within and foregoing instrument, and known to me to be the persons who executed the within instrument on behalf of said corporation therein named, and acknowledged to me that such corporation executed the within within instrument pursuant to its by -laws or a resolution of its Board of Directors. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. uNYYq., OFFICIAL SEALw V KERRY E. Nuovo Not ry P l i c in and for the County of o NOTARY PUBLIC - CALIFORNIA Santa Clara, State of California SANTA CLARA COUi*TY My comm. expires SEP 23, 1982 STIPULATIONS TRACT #6257 1) Before construction utilizing combustible materials, 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. 2) Street trees shall be provided by the owner and be approved by the Parks Supervisor. 3) All fees for Phase II of the construction shall be payable at the then current rate. 4) The oil and screened sidewalk to be installed on Tenth Street shall be replaced as per city standards, with the construction of the first building in Phase II. 5) Schedule the construction of improvements along existing public roads so that work affecting vehicular traffic is completed with a minimum interruption to traffic. 6) 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. Accepted by ! �• Yjke CITY OF GILROY DEVELOPMENT COST SCHEDULE No. 82 -8 Date March 10, 1982 Initialed S.D -L Location of Property Northwest corner of 10th and Princevalle Assessor's Parcel # 799 -38 -031 Name of Applicant Arcadia Development Corporation Address P. 0. Box 5368 San Jose, Ca. 95150 Type of Development Proposed Townhouse and Condominium Area N/A Storm Drain A Street Frontage N.A. Engineering Map Check 01- 100 - 1100 - 6004 -11 $ 271.00 Subdivisions $ 190.00 +$3.00 Parcel Splits $ +$ n- number of lots = 27 lots Engineering Plan Check and Inspection (n) (n) 5% of the Cost of Public Improvements 5% x $ 208,618 Miscellaneous Engineering Service 2 hours x ( 28.00 ) Public Works Microfilming 01- 100 -1100- 6004 -12 01- 100 - 1100 - 6004 -12 01- 100 - 1100 - 6004 -13 $5.00 per sheet (maps and plans) x 10 sheets Fire Hydrant Location Fee 01- 100 - 1100 - 6002 -01 $ 29-nn for the first 5 hydrants +$ 3.00 for each additional hydrants 4 hydrants Area Water Charge 03- 300 - 1300 - 7203 -00 Acres @$ /acre Acres @$ /acre $ 10431.00 $ 56.00 $ 50.00 $ 29.00 $ Paid Construction Water 07- 720 - 1900 - 8001 -00 ' $ 435.00 1278 LF @$ 0.34 /LF+ Acres @ $ /acre -1- U11 -Sltu Swriu Urulu Fue Area "A" $ /Acre Area "A -1 "$ /Acre Area "B" $ /Acre Area "C" $ /Acre Area "D" $ /Acre Area "E" $ /Acre Area "F" $ /Acre Area "Q" $ /Acre /LF =$ Wood Pole Mounted Acres @$ /Acre Acres @$ /Acre Front Foot Charges Water Sewer LF @$ /LF LF @$ /LF Storm Drain LF @$ /LF Street Improvements 02- 220 - 1300 - 7202 -00 $ Paid 02- 220 -1300- 7202 -01 $ 02- 221 - 1300 - 7202 -00 $ 02- 222 - 1300 - 7202 -00 $ 02- 223 - 1300 - 7202 -00 $ 02- 224 -1300- 7202 -00 $ 02- 225- 1300 - 7202 -00 $ 02- 226 - 1300 - 7202 -00 $ 02- 230 - 1300 - 7204 -00 $ Paid 02- 230 - 1300 - 7205 -00 $ Paid 02- 230 -1300- 7207 -00 $ Paid 02- 230 - 1300 - 7207 -00 $ Paid Pavement SF @$ /SF =$ Curb & Gutter LF @$ /LF =$ Sidewalk SF @$ /SF =$ Gal. Pole Electrolier LF @$ /LF =$ Electrolier Conduit LF @$ /LF =$ Fire Hydrant LF @$ /LF =$ Wood Pole Mounted Electrolier 01- 100 - 1100- 6004 -00 $ LF @$ /LF Public Works Cash Bonds and Deposits 08- 800 -1100- 6004 -02 $ Other $ Other $ TOTAL -2- N.A. $ 11272.00