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Housing Authority of Santa Clara County_PROPERTY DEVELOPMENT AGREEMENT #81 -8 AGREEMENIT FOR EXTENSIONS OF 'WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORK; F „CL4 ITIES This agreement made and entered into this 20th day of 19_97, by and between the City of Gilroy, a municipal corporation, herein called the "City” and Housina Authority of Santa Clara County a real property owner developer or subdivider, herein called the "Developer." WHEREAS, a final reap 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: N. E. Corner of 3rd and Wren Assessors Parcel #808 -08 -004 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 premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resulutions 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.S;..Sstitutions thereof, as amended to the time of execution of this agreement. r 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 $ 33 5nn nn 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- 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 pad Niter the dgte 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 land are subject to final determination upon comple- tion of the work. FACILITY DEVELOPMENT COST a) Engineering Map Checks $ N.A. Subdi isions $167.00 + $2.50 (n) Parcel Maps $ 70.00 + $2.50 (n) n= Number of lots b) Engineering Plan Check and Inspection 4% x $ 33.50o.00 c) Miscellaneous.Engi;neer. Service No.of, hours x $25.00 2 hours x $25.00 d) Public Works Microfilming $5 /Sheet (Maps and Plans) $5.00 /sheet x 2 sheets 2 hydrants e) Fire Hydrant Location Fee $25.00 for the first hydrants + 2.50'for each additional f) Area Water Charge 6.09 Acres @ $ 1457 /Acre Acres @ $ /Acre -3- $ 1340.00 50.00 $ 10.00 $ 25.00 UENN :: J g) Construction Water $ 69.00 LF @ $0.30/LF + 6.09 Acres @ $11.30 /Acre h) Off -Site Storm Drainage 6.09 Acres @ 3000 /Acre Acres @ /Acre District "A -1" i) Front Foot Water Fee 3rd 626 LF @ $9.50 /LF Wren - Paid j) Front Foot Sewer Fee 3rd 626 (_F @ $8.00 /LF Wren - Paid Q Front Foot Storm Drain Fee 3rd 626 LF @ $14.00 /LF Wren - Paid i) Street Paving SF @ /SF m) Curb and Gutter LF @ ELF n) Galvanized Pole Electroliers LF @ $ /LF o) Electrolier Conduit LF @ $ /LF -4- $ 5947.00 $ 5008.00 $ 8764.00 Q D-: A Q p�;a $ Paid t Pm ;,A • p) lire -Hyc; LF @ $ AF q) Utility Pole Mounted Electrolier LF @ $ AF r) Easements and Rights of Way "On Site" S) Easments and Rights of Way "Off Site" $ Paid $ N.A. $ 100% t) Other $-----8Z6 7 00 off -iita im (to be reimbursed to Filice Estate �VPmP"rs Vineyards) u) Sidewalks By Developer DUE CITY BY DEVELOPER $57,123.00 DUE DEVELOPER BY CITY $ -0- NET DUE CITY $57,123.00 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTFyr- City Clerk CITY OF GILROY NOTE: DEVELOPER Housing Authority of the Count of Santa Clara BY B John C. Burns Executive Director DATE %— Y -rl If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons -5- STIPULATIONS Housing Authority of Santa Clara County 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 exisiting 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) Remove and replace all broken curb and gutter along the entire pro- perty frontage. 5) Install sidewalk to City standards along the entire property frontage. 6) All fees shall be paid at the rates in effect at that time. 7) Before construction weather access must and at least one in of each portion of 8) Remove all driveway gutter. utilizing combustible materials may proceed, an all be provided to within 150 feet of the building site; service fire hydrant must be available within 500 feet the site wherein this construction is to take place. openings and replace with City Standard curb and 9) This agreement shall run with the land and be binding upon any successors in interest. 10) The assignment of this agreement by the developer to another party shall require prior approval of the City Council. Accepted by CITY OF GILROY DEVELOPMLNT COST SCHEDULE Location of property North East Corner of 3rd and Wren Assessor's Parcel N 808 -08 -004 Name of Applicant Housing Authority of Santa Clara County Address Type of Development Proposed R -3 Area 6.09 acres No. E: Date 4 -8 -81 Initialed S. D -L. Storm Drain "A -1" Street Frontage 420' on Wren Ave. and 626' on 3rd Ave. Engineering Map Checks 01- 100 -1100- 6004 -11 Subdivisions + (n) Parcel Map 1 (N) N = Number of Lots Engineer Plan Check and Inspection 01-100-1100- 6004 -12 4t x $ 33,500 X = Cost of public improvements Miscellaneous Engineer Service No of hours x(,$25.00) 2 hrs. x 25.00 Public Works Microfilming S5 /Sheet (maps and plans) x 2 Emergency Services No. of hours x ( ) 01- 100 -1100- 6004-13 01- 100 -1100- 6004 -14 01 -100- 1100 - 6004 -15 Fire Hydrant Location Fee 01- 100 - 1100 - 6002 -01 $25.00 for the first 5 hydrants t 2.50For each additional hydrant 2 hydrants Area Water Charge 03 -300- 1300 - 7203 -00 6.09 Acres (w 14.57 /Acre Construction Water 07- 720 - 1900 - 8001 -00 LF @ $0.30 /LF 6.09 Acres @$11.30 /Acre $ N. A. $ 1340.00 $ 50.00 $ N.A. $ 25.00 $ 8873.00 $ 69. Do h( J I. 01 i `.,i ts• `) t,)iIII DI Ii11 02 1.'0 1 iolr 7202 -00 02- 220 -1300 / >02 -01 0' ? I- 1 300 - 7:,'02 -00 02 - ?_' �- 1 300- 7202 -00 02- 223 -1300- 7202 -00 02- 224 - 1300 -- 7202 -00 02 -225-1300- 7202-00 - 4'Q9 -- - — Acres - Front Fuut Ch.rryet, Wd(er 3rd Wren sewer. 3rd _ 626 L F 8.00 Wren - - - - - -- — — -- Sturm Drain 3rd 626 LF p$ 14.00 Wren- - - - -_ ____. -. - -- - - - - -- Street Improvements Pavement _ Curb & Gutter_ Sidewalk _ Gal.Pole Electrolier _ Electrolier Conduit _ Fire Hydrant Wood Pole Mounted Electrolier LF (o $ SF L.) $ LF L�$ SF CO$ LF (,il$ -2- District ''A" $B68 /A,_ D i s t r i c t "l \- I'' $ 3000 /Ac District "B" 624/AC District "C" 759/Ac District "D" 720 1Ac District "E" 547 /Ac District "F" 868/Ac /Acre 02- 230 -1300- 7204 -00 /L F 02- 230 - 1300 - 7205 -00 /LF 02- 230 -1300- 7207 -00 /LF $ 947 Paid S 5008 Paid $ 8764 Paid 02- 230 -1300- 7206 -00 $ /SF = $ By Filice /LF = $ By Filice /SF = $ By Developer __ /LF = $ By F 1 ice LF (,0 $ _ /LF = $_By Filice LF l� $— /LF - $ By Fi 1 ice 01- 100 - 1100 - 6004 -20 Public Works Cash Bonds and Dcposits 08- 800 -1100- 6001+ -02* $ 8767.00 Other $ TOTAL_ $ 57,123.00 *To be reimbursed to Filice Estate Vineyards for off -site improvements as per letter from John M. Filice, Jr. dated 4 -11 -80