Arcadia Development - PDA No. 87-22Sus -anne E.'SteinTnetz,City Clerk NO FEE PER GC SEC 6103
�'ity of Gilroy Ile,
7351 Rosanna St.
gil- oy, CA 95020
�
PROPERTY DEVELOPMENT AGREEMENT
RESIDENTIAL
K253Pa6L1545
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AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM JHTY
DRAINS AND OTHER PUBLIC WORKS FACILITIES S',r,No.' 87 -22
This agreement made and entered into this 27th day of July —
19 87 , by and between the City of Gilroy, a municipal corporation, herein called the
11 _T a real property owner
City and RANCHO HILLS (Arcadia Development Company)
developer or subdivider, herein 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:
Tract No. 8024 and,
WHEREAS, the Developer requires certain utilities and public works facilities 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 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established
policies of the City and the laws of the State of California concerning 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, 1.91 20, 21 Res. 85 -9 and 76 -47,
thereof pertaining to local improvement procedures in subdivision or development
respectfully): Ordinance No. 83 -15 (Zoning Ord.): Resolution 85-5 (1982 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
performed by the Developer in each and every one of said Codes,
Ordinances 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, electricty, 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.
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K253 PAGE 1546
d. To construct and improve all public works facilities and other
improvements 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 $1,183,356.67 , and
the other 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 improvement 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.
The faithful performance bond hereinabove provided for, shall by the
terms remain in full force and effect for a period of one (1) year after
the completion and acceptance of said work, to guarantee the repair and
replacement of defective material and faulty workmanship.
In lieu of said faithful performance bond for maintenance, the
Developer may furnish a maintenance bond in the amount of 10% of the
total contract price (with a minimum amount of one thousand dollars,
$1,000.00) to cover the one (1) year maintenance period.
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, shown in Section 8 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 pursuant 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
It
That the special provisions concerning the particular real estate referred to
above, being attached hereto, are hereby incorporated herein and expressly made a
part of this agreement.
SECTION 6
That 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 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 of the City, in the event
of any such default by Developer.
SECTION 7
That this agreement, together with the attached stipulations, is an instrument
affecting the title or possession of the real property described in Exhibit A. All
the terms, covenants and conditions herein imposed shall be binding upon and inure to
the benefit of the successors in interest of Developer. Upon the sale or division of
the property described in Exhibit A, the terms of this agreement shall apply separately
to each parcel and the Developer of each parcel shall succeed to the obligations
imposed on Developer by this agreement.
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GENER,4L '4CKN / /
CWLEDGMENT
K 253PACr154 7
CRr'TTnN R
That the following General Stipulations and the attached stipulations shall be
completed subject to the approval of the Director of Public Works.
1. Locate and properly dispose of any wells, septic tanks and underground fuel
storage facilites.
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. 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. Location of
the fire hydrants will be determined by the Fire Chief.
SECTION 9
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
$ 94,348.21
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
a.
State of
County of Santa Clara
SS.
NUNCIO,
CINDY G. M AL
SANTA A C CASE
Notary F�-Catfornia
ClRgA CoUlVTY
�dc,re.wd
MY Comm,. Ems. Feb. �. t99t
CITY OF GILROY
ARCADIA DEVELOPMENT
J
K 253P46 R
On this the 23�
day of 7„ i .,
G. McCabe 19 887 , before me,
Cind
the undersigned Notary Public
Personally appeared
lurslni
XX personally known to me
C proved to me on the basis of satisfactory evidence
to be the person(JQ whose n
within instrument, and ackname(f is
WITNESS m owledged tha subscribed to the
Y hand and official seal.
__ he— executed it.
WA
u Ire An IN
NO 201
K253Pa6E1549
ADDITIONAL TERMS AND STIPULATIONS
TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND ARCADIA DEVELOPMENT CO.
TRACT 8024
DATED July 27, 1987
1. The Developer acknowledges his responsibility to develop and improve the
property as submitted for Tenative Map approval. All terms and conditions
stipulated in City of Gilroy Resolution No. 87 -21, City of Gilroy
Subdivision Ordinances and Specifications shall govern the development of
the approved project.
2. The Developer acknowledges his responsibility to assure all elements of
the infrastructure; streets, water, sewer, and storm drainage systems are
functioning and will provide the necessary funds to correct any deficiencies
until the expiration of the maintenance period. Said maintenance period may
be extended by the City Council if any element of the infrastructure remains
deficient.
3. The developer agrees to provide a permanent storm diversion system
around the property being developed to preclude the entry of field runoff
water from entering the tract. The developer also agrees he is responsible
to mitigate drainage problems downstream of this project, and shall
construct drainage facilities which will provide adequate flow of drainage
water out of the tract.
4. The developer agrees no units shall receive occupancy permits until all
work in the public right —of —way is complete and ready for City Council
acceptance.
5. The developer shall remove all temporary structures at no cost to the
City. Costs for the removal of temporary structures shall be borne by the
developers of Tract 8024 and Tract 8025. The proposed inlet structure shown
on sheet 9 of the Improvement plans for Rancho Hills Tract 8024 shall be
installed immediately after the completion of the 566 project. The
developers shall provide the City sufficient surety for this work before
Performance Bonds can be released.
6. Tentative Map Condition #31 stipulates the developer shall provide an
irrevocable offer of dedication for a future reservoir site. The City will
work with the developer to determine the most logical site for the
reservoir. The Developer shall prepare a Preliminary Plan for the
development of the hillside area and shall dedicate said site before the
second phase of this development.
SIGNED c '�_'� X . -2,
Page 1 of 1
K253FaGE1550
CITY OF GILROY No. 87 -22
DEVELOPMENT COST SCHEDULE Date 6/30/87
E S T I M A T E Initialed JBL
Location of Property North side of Longmeadow Drive approximately 1,200 feet west of
Santa Teresa Boulevard
Assessor's Parcel No. 783 -20 -002
Name of Applicant Arcadia Development
Address 1400 E. Hamilton Avenue, C
Type of Development Proposed Residential
Area 16.31 Ac. Storm Drain Area
Street Frontage 4700 LF
bell. California
Special Public Works Services
Engineering Map Check
Final Maps $300.00 + $40.00 /lot $
Parcel Maps $375.00 + $31.00 /lot
60 number of lots
Miscellaneous Engineering Services $
16 hours x $41.00 /hr
Public Works Microfilming (Maps and Plans) $
1 - 6 sheets $112.53 + $5.00 /sheet
7 -12 sheets $143.79 + $5.00 /sheet
13 -18 sheets $175.05 + $5.00 /sheet
11 number of sheets
Wood Pole Mounted Electrolier $
FF @ $8.33/FF
"B"
100 - 2600 -3- 600400 $
2.700.00
656.00
198.79
N/A
Engineering Plan Check and Inspection 100 - 2600 -3- 600412
Cost of Public Improvements $ 1,183.356.67
10% of first $100,000 = 10,000.00
8% of $100,000 - $200,000 = 8,000.00
7% of over $200,000 = 68,834.97
(Subject to change based on actual cost.)
Storm Development Fee
Area "A" $1,957.35 /Acre
Area "A -1" $3,901.80 /Acre
Area "B" $1,833.45 /Acre
Area "C" $3,122.34 /Acre
Area "D" $1,936.61 /Acre
Area "E" $1,458.99/Acre
Area "F" $2,694.39/Acre
Area "Q" $2,449.65/Acre
16.31 Acres @$ 1_,833.45 /Acre
220- 2640 -3- 680200
220 - 2640 -3- 680201
221 - 2641 -3- 680200
222 - 2642 -3- 680200
223 - 2643 -3- 680200
224 - 2644 -3- 680200
225 - 2645 -3- 680200
226- 2646 -3- 680200
1.777.39
$ 43,417.49
14.951.79
Front Foot Charges
Water - inch diameter
FF @$ FF
Sewer - inch diameter
FF @$ FF
Street Improvements
K253 PAGE 155t
230 - 2636 -3- 680400
230 - 2636 -3- 680500
230 - 2636 -3- 680600
Pavement
SF @
$ /SF =
$
By
Developer
Curb & gutter
FF @
$12.00 /FF =
$
By
Developer
Sidewalk SF @ $ 3.70 /SF = $ By Developer
Gal. Pole
Electrolier
& Conduit FF @ $ 8.33/FF = $ By Developer
Fire Hydrant
Resident FF @ $ 2.75/FF = $ By Developer
Comm & Ind. FF @ $ 3.67/FF = $ N/A
Storm Drain - inch diameter 230 - 2636 -3- 680700
FF@ $ /FF
Sewer Development Fee 705- 2662 -3- 671000
60 Units @ $1090.00 /Unit = $65,400.00
Gals. @ $380.00/100 GPD (Comm /Ind)
Water Development Fee 725 - 2772 -3- 695000
$ By Developer
$ By Developer
$ By Developer
$ By Developer
$ W /Bldg. Permit
60 Units @ $1,075.00 /Unit (Res)
Gals. @ $1,123.00/1000 GPD peak (Comm /Ind)
Construction Water 720- 0433 -3- 690000 $
4700 FF @ $0.67 /FF + 16.31
Fire Hydrant Location Fee
$33.11 for the first 5 hydrants
+$ 3.31 for each additional hydrant
Public Works Cash Bonds and Deposits
Other
Other
Acres @ $43.19 /Acre
720 - 0433 -3- 692000
801 - 2680 -3- 680000
TOTAL DUE CITY
32,250.00
1,926.71
24.83
$ 1,775,035.00
$ 94,348.21
NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the
time building Permits are issued.
* Not included in total.
Accepted by:
Date: \. 2