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Arcadia Development - PDA No. 94-17e- . •susanne E. Steinmetz, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 PROPERTY DEVELOPMENT AGREEMENT 12476426 flUD FOR RECORD DF p - %f);;uS COMMERCIAL INDUSTRIAL, INSTITUTIONAL ct tie ti C. 0 U AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: t ''r ) IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No 94 -17 This agreement made and entered into this 25th day of April 19 94 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and Arcadia Development Company , a real property owner 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 8563 - APN 783 -20 -027 and a portion of 783 -20 -028 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, the current Zoning ordinance, and the currently adopted Uniform Building Code. 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, 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. -1- C�- ry C-0 -0 rr1 CA) l.0 i4 ?3F'4GEi X40 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 $2,066,540 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 9 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 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. -2- %42VAGE1141 SECTION 8 The Developer will pay for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity not to exceed: 131 single family units Peak water use not to exceed: 131 single family units The City will attempt to provide additional capacity at the then current rate. If additional capacity is not available, the Developer agrees to maintain sewer and water use at or below the amounts purchased. The Developer shall have the option of measuring sewer effluent by: a. Installing and maintaining a sewer effluent meter. Said meter shall meet City Standards and specifications, or b. Measuring the building's water consumption through the water meter. Irrigation meters are required. PENALTY: Overuse of sewer and water allocations shall be penalized under the Rules and Regulations adopted by the Gilroy City Council. SECTION 9 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 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. 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 10 That the attached Development Cost Schedule enumerates all fees and their extensions. -3- t,1423F "GE1142 TOTAL AMOUNT DUE CITY $1,192,208.04 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTE -7 City Clerk Susanne E. Steinmetz FORM AP OVED: Ci ttorn a A. on - Arc-adia. Development QgEqZqqny BY J / BY DATE � -/ — / Z ,Z ,-/ 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. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT N °.5'93 State County of On �" "�3" 1 before me, NAM DATE 1 E, TITLE OF OFFICER - E.G. personally appeared NOTARY PUBLIC' personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person.W whose name.(&} is /axe' subscribed to the within instrument and ac- knowledged to me that hey executed the same in his /IigCZt-I°reir authorized FAYIEM. capacity(ies , and that by his /#ter /#+<r #977 signature s)'on the instrument the personn(g, or the entity upon behalf of which the persorj(s) acted, executed the instrument. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove K)y4alu9ble to persons relying on the document. Ii INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES) Z /.. ;�� , Z &42&� — SIGNATURE OF NbTARY OPTIONAL SECTION H423P GE1143 Tract No. 8563 Stipulations to Property Development Agreement No. 94 -17 1. All improvements as outlined in the Improvement Plans for Tract No. 8563 are to be completed in full per City of Gilroy Standards, County of Santa Clara Standards, and Santa Clara valley Water District Standards. 2. Tract No. 8563 is to be developed pursuant to the Tentative Map Conditions for this project. 3. Developer to sign and participate in the Northwest Quadrant sewer Agreement. 4. shall enter into the Pu o provide for maintenance of 1 , soundwalls and lighting in Signed C? Date -' / 3 Title 423 PAGE C 144 e akin ' `` E W4k1 01 �\\y L519aJR3J � -• �-0. NOS? I^WyJ L EA VC on Oft I T " SRI I y I a A Gait �+ I I L-- .kosi•s�, " " -J '__ �t_.f I +; 2 � i OUCIDY .CAaae.o Meh ATi -- s m ✓ , EXHIBIT A VICINITY SITE MAP Tract No. 8563 Arcadia Development Co. N423PACE1145 CITY OF GILROY DEPARTMENT OF PUBLIC WORKS DATE: 06- Mar -94 ENGINEERING DIVISION ---- - - - - -- FINAL CHARGES NUMBER: 94 -17 PROJECT LOCATION: Longmeadow and Santa Teresa Tract 8563 ----------------------------------------------------- PARCEL NUMBER: A.P.N. 783 -20 -027 and portion 783 -20 -028 ----------------------------------------------------- OWNER /DEVELOPER: Arcadia Development Co. ----------------------------------------------------- MAILING ADDRESS: P. 0. Box 5368, San Jose, Ca. 95150 ----------------------------------------------------- TELEPHONE NO: 408 - 371 -0500 ---------7------------------------------------------- PREPARED BY: Mark Fachin ----------------------------------------------------- Key G/L Account Account No. Code Fee: Credits: Amount Due: Description: ---------------- - - - - -- ------- - - - - -- ------ - - - - -- ------ - - - - -- ------ - - - - -- 100- 2600 -3- 600400 4904 $11,859.51 $11,674.30 $185.21 PW Services 100 - 2600 -3- 600412 4702 $149,516.98 $49,433.31 $100,083.67 Plan Ck /Insp 420 - 2600 -3- 680200 4501 $50,960.24 $26,259.51 $24,700.73 Storm Fee 431 - 2600 -3- 680300 5001 $0.00 $0.00 433 - 2600 -3- 681000 4905 $357,237.00 $101,844.55 435 - 2600 -3- 671000 4509 $286,366.00 $85,674.00 436 - 2600 -3- 695000 4510 $140,825.00 $70,412.49 720 - 0433 -3- 690000 2202 $31,603.71 $3,335.16 801 - 0000 -2- 229015 4703 $163,839.60 $123,811.22 801 - 0000 -2- 229015 4703 $0.00 $0.00 801- 0000 -2- 229015 4703 $0.00 $0.00 $0.00 Undrgrnd Fee $255,392.45 Traffic Fee $200,692.00 Sewer Fee $70,412.51 Water Fee $28,268.55 Const Water $40,028.38 Reimbrsmnts $0.00 XXXXXXXXXXXX $0.00 XXXXXXXXXXXX Totals ................$1,192,208.04 $472,444.54 $719,763.50 Bonds and Securities $3,099,810 -------- - - - - -- -------------- SERVICE CHARGES (1) N423PAGE 1 146 CITY OF GILROY No. 94 -17 DEPARTMENT OF PUBLIC WORKS ------- - - - - -- DEVELOPMENT COST SCHEDULE Date 06- Mar -94 FINAL ESTIMATE ------- - - - - -- Prepared by Mark Fachin NOTE: This 100 % cost schedule has been adjusted to the rates in effect at the time Building Permits were issued. Location of Property Longmeadow and Santa Teresa Tract 8563 ---------------------------------------- Assessor's Parcel No. A.P.N. 783 -20 -027 and portion 783 -20 -028 ---------------------------------------- Name of Applicant Arcadia Development Co. ---------------------------------------- Mailing Address P. 0. Box 5368, San Jose, Ca. 95150 Special Public Works Services 100 - 2600 -3- 600400 $11,859.51 (Includes Administration Fee(s) for Reimbursements) ------ - - - - -- Maps: 100% $11,859.51 Final $3,025.00 + $50.00 /lot Parcel $1,070.00 + $100.00 /lot Reapportionment (Assessment District Parcels) $1,767.00 + $100.00 /lot Administration Fees: Country Estates Water System (Not Included) Country Estates Sewer Trunk Main (Not Included) Northwest Quadrant Sewer Trunk Main (See Attached Worksheet) COST SCHEDULE (1) Y $9,575.00 N $0.00 N $0.00 $0.00 $0.00 $0.00 (Number of Reimbursements and credits: Site Information: Units /Sq Ft) N Country Estates Water System? Y Single Family Res units? 131 N Country Estates Sewer System? N High Density Res units? 0 Y Northwest Quadrant Sewer? N High Traffic Commercial? 0 N Obata Industrial Park Credit? N Low Traffic Commercial? 0 N General Industrial? 0 Commercial /Industrial Allocations: N Warehouse Industrial? 0 N Sewer Allocation GPD 0 Common Area? 0 N Water Allocation GPD 0 N Assembly Hall? B Storm Basin No. Lots 131 Number of Lots Used in Estimate 131 Total Area 33.083 Acres Number of Acres Used in Estimate 24.543 Actual FF 10,650.00 Feet Front Footage used for FF Charges 10,650.00 Front Footage used for Cost of Improvements and Const Water 10,650.00 Special Public Works Services 100 - 2600 -3- 600400 $11,859.51 (Includes Administration Fee(s) for Reimbursements) ------ - - - - -- Maps: 100% $11,859.51 Final $3,025.00 + $50.00 /lot Parcel $1,070.00 + $100.00 /lot Reapportionment (Assessment District Parcels) $1,767.00 + $100.00 /lot Administration Fees: Country Estates Water System (Not Included) Country Estates Sewer Trunk Main (Not Included) Northwest Quadrant Sewer Trunk Main (See Attached Worksheet) COST SCHEDULE (1) Y $9,575.00 N $0.00 N $0.00 $0.00 $0.00 $0.00 r A $2,216.82 /acre 4 2 3 GE 1 14 7 Miscellaneous Engineering Services: $4,418.71 /acre .(Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) 25 hr Misc Services $77.00 /hr. Y $1,925.00 Public Works Microfilming (Maps and Plans): Y 1- 6 sht $149.94 + $6.62 /sheet $0.00 7 -12 sht $191.84 + $6.62 /sheet $0.00 13 -18 sht $233.73 + $6.62 /sheet $359.51 # of Shts 19 Engring Plan Check and Inspection (Based on total cost of public right -of -way improvements) 10 hr Onsite grading $77.00 /hr. Offsite Improvements to be Bonded $2,066,540 Actual Cost of Public Improvements $2,066,540 100 - 2600 -3- 600412 $149,516.98 100% $149,516.98 Y $770.00 10% of first $100,000 $10,000.00 8% of $100,000 to $200,000 $8,000.00 7% of over $200,000 $130,657.80 Fire Hydrant Location Fee Number of Fire Hydrants 15 Fst Five $44.58 + $4.46 /ea additional $89.18 Storm Drain Development Fee 42X- 2600 -3- 680200 100% Zone A $2,216.82 /acre Y $0.00 Zone A -1 $4,418.71 /acre Y $0.00 Zone B $2,076.34 /acre Y $50,960.24 Zone C $3,535.99 /acre Y $0.00 Zone D $2,193.17 /acre Y $0.00 Zone E $1,652.28 /acre Y $0.00 Zone F $3,051.34 /acre Y $0.00 Zone Q $2,774.18 /acre Y $0.00 Zone R $1,387.57 /acre Y $0.00 Obata Industrial Park Credits Obata Fee Credit $1,170.00 /acre Y $0.00 COST SCHEDULE (2) $50,960.24 $50,960.24 N4'23PtGE 1 14 8 Front Foot Charges: ,(Used to charge and reimburse fees for existing infrastructure) Water Water Mains, including fire hydrants, valves and box: (Developer is responsible for up to and including 12" mains) Half Pipe 6 " Main $12.50 / f.f. x 8 " Main $13.50 / f.f. x 10 " Main $15.00 / f.f. x 12 " Main $16.50 / f.f. x 14 " Main $18.50 / f.f. x 16 " Main $20.50 / f.f. x Country Estates Water System (Not Included) Sewer Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) Half Pipe 6 " Main $12.00 / f.f. x 8 " Main $12.50 / f.f. x 10 " Main $14.00 / f.f. x 12 " Main $15.50 / f.f. x 15 " Main $19.00 / f.f. x 801 - 0000 -2- 229015 $27,060.00 100% $27,060.00 Front Footage N 0.00 = $0.00 _------ - - - - -- N 0.00 ------ - - - - -- = $0.00 _ ------------ N 0.00 ------ - - - - -- = $0.00 _------ - - - - -- Y 1,640.00 ------ - - - - -- = $27,060.00 _ ------------ N 0.00 ------ - - - - -- = $0.00 _------ - - - - -- N 0.00 ------------ ------ - - - - -- = $0.00 ------ - - - - -- $0.00 801 - 0000 -2- 229015 $25,342.50 100% $25,342.50 Front Footage N 0.00 = $0.00 _------ - - - - -- N 0.00 ------ - - - - -- = $0.00 _------ - - - - -- N 0.00 ------ - - - - -- = $0.00 _ ------------ Y 1,635.00 ------ - - - - -- = $25,342.50 N 0.00 _ ------------ = $0.00 ------ - - - - -- Northwest Quadrant Sewer Trunk Main (See Attached Worksheet) Country Estates Sewer Trunk Main (Not Included) COST SCHEDULE (3) $0.00 $0.00 COST SCHEDULE (4) N 2 3 PA GE 1* 14 9 Street Improvements 801 - 0000 -2- 229015 $75,357.10 100% $75,357.10 Pavement - Square Footage 3" AC on 8" AB $2.42 x 0.00 = $0.00 3" AC on 10" AB $2.71 x 0.00 = $0.00 3" AC on 12" AB $2.99 x 0.00 = $0.00 3" AC on 15" AB $3.43 x 21,970.00 = $75,357.10 Square Footage Sidewalk 4" on 4" $4.43 x 0.00 = $0.00 and driveway ------ - - - - -- Front Footage Curb /Gutter on 6" $14.39 x 0.00 = $0.00 Storm Drain ------ - - - - -- ------ - - - - -- 801 - 0000 -2- 229015 $36,080.00 100% $36,080.00 Storm Mains, including manholes and catch basins: (Developer is responsible for up to and including 24" mains) Half Pipe Front Footage ---- 18 " Main - - - - -- $19.00 / f.f. x ------- N - - - - -- 0.00 = $0.00 21 " Main $20.50 / f.f. x _------ N - - - - -- 0.00 = ------ - - - - -- $0.00 24 " Main $22.00 / f.f. x _ ------------ Y 1,640.00 = ------ - - - - -- $36,080.00 27 " Main $23.50 / f.f. x _------ N - - - - -- 0.00 = ------ - - - - -- $0.00 30 " Main $25.00 / f.f. x _------ N - - - - -- 0.00 = ------ - - - - -- $0.00 33 " Main $26.50 / f.f. x _------ N - - - - -- 0.00 = ------ - - - - -- $0.00 36 " Main $28.00 / f.f. x _------ N - - - - -- 0.00 = ------ - - - - -- $0.00 42 " Main $31.00 / f.f. x _ ------------ N 0.00 = ------ - - - - -- $0.00 48 " Main $34.00 / f.f. x _------ N - - - - -- 0.00 = ------ - - - - -- $0.00 54 " Main $37.00 / f.f. x _------ N - - - - -- 0.00 = ------ - - - - -- $0.00 60 " Main $40.00 / f.f. x _ ------------ Y 0.00 = ------ - - - - -- $0.00 66 " Main $43.00 / f.f. x _------ N - - - - -- 0.00 = ------ - - - - -- $0.00 72 " Main $46.00 / f.f. x _ ------------ Y 0.00 = ------ - - - - -- $0.00 78 " Main $49.00 / f.f. x N _ ------------ 0.00 = $0.00 ------ - - - - -- COST SCHEDULE (4) 84 Main $52.00 / f.f. x 90 Main $55.00 / f.f. x 96 Main $58.00 / f.f. x Utility Underground Fee $118.36 / f.f. x Traffic Impact Fee 4'23 PAGE 1 150 N 0.00 = $0.00 N 0.00 = $0.00 N 0.00 = $0.00 ------------ ------ - - - - -- 431- 2600 -3- 680300 $0.00 Front Footage 100% $0.00 N 0.00 433 - 2600 -3- 681000 $357,237.00 100% $357,237.00 Single Family Res $2,727.000 /d.u. Y$357,237.00 High Density Res $2,209.000 /d.u. Y $0.00 Commercial High- traffic (> 4 trips /1000 sf) $6.083 /gross s.f. Y $0.00 Commercial Low - traffic (<= 4 trips /1000 sf) $3.000 /gross s.f. Y $0.00 Industrial General $1.175 /gross s.f. Y $0.00 Industrial Warehouse $0.866 gross s.f. Y $0.00 Sewer Development Fee 435 - 2600 -3- 671000 $286,366.00 a.Single Family Residential: 100% $286,366.00 $2,186.00 / dewelling unit Y$286,366.00 b.High Density Residential: $0.00 / dewelling unit Y $0.00 c.Commercial /Industrial: $825.00 / 100 gals. /day or Y $0.00 $2,186.00 , whichever is greater =------ - - - - -- d.Additional allocation for existing service that does not have a sewer allocation agreement: Country Estates Sewer Trunk Main (Not Included) 25% of sewer development fee Y/N N $0.00 Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531.00 /acre $0.00 COST SCHEDULE (5) I, . Water Development Fee a.Single Family Residential: $1,075.00 / dewelling unit 423PAGE I. I.5T 436 - 2600 -3- 695000 $140,825.00 100% $140,825.00 Y$140,825.00 b.Commercial /Industrial: $2,373.00 / 1,000 gals. /day or Y $0.00 $1,561.00 , whichever is greater =------ - - - - -- c.Additional allocation for existing service that does not 100% of water development fee have a water allocation agreement: Y/N N Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154.00 /acre $0.00 Water User Fee (Construction) $2.58 / f.f. Bonds and Securities * Not included in TOTAL DUE TOTAL DUE CITY $1,192,208.04 -------- - - - - -- 100% $1,192,208.04 720 - 0433 -3- 690000 + $168.14 /a.c. 801 - 0000 -2- 229015 Y $31,603.71 100% $31,603.71 * $3,099,810 (est) NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time Building Permits are issued. The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference. Accepted by: Date: -/-/'/ .j - %�/ COST SCHEDULE (6) TRACT No. 8563 OVERSIZING REIMBURSEMENTS Tract 8563 Storm Drain Reimbursements 1070 LF of 30" @ 6.00 /LF $6,420.00 955 LF of 33" @ 9.00 /LF 8,595.00 1320 LF of 42" @ 18.00 /LF 23,760.00 780 LF of 48" @ 24.00 /LF 18,720.00 270 LF of 60" @ 36.00 /LF 9,720.00 $67,215.00 Water System Reimbursements 890 L of 24" @ 22.80/LF $20,292.00 TOTAL REIMBURSEMENTS $87,507.00 2 3 PA GE 52