Arcadia Development - PDA No. 94-17ARECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Susanne E. Steinmetz,City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
12564218
PROPERTY DEVELOPMENT AGREEMENT
RESIDENTIAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
No. 94 -17A
This agreement made and entered into this 27th day of June 1
1994 by and between the City of Gilroy, a municipal corporation, herein called
the 'City" and Arcadia Develo ment Com an a real
property owner deve oper or subdivider, herein called the "Deve oper ".
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 & 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,
or;;Iinances 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, electr.icty,
and /or sewer lines in or to said real property may be extended.
-1-
rn
;D
,M
iV
Flu_D Fill
C��y o�'Gilro�
J 1104 III ' q
OFFICIAL RECORDS
__J
SANTA CLARA COUNTY
-_-�
BRENDA DAMS
REC, ORDER
PROPERTY DEVELOPMENT AGREEMENT
RESIDENTIAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
No. 94 -17A
This agreement made and entered into this 27th day of June 1
1994 by and between the City of Gilroy, a municipal corporation, herein called
the 'City" and Arcadia Develo ment Com an a real
property owner deve oper or subdivider, herein called the "Deve oper ".
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 & 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,
or;;Iinances 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, electr.icty,
and /or sewer lines in or to said real property may be extended.
-1-
rn
;D
,M
iV
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.
dM
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
4
installation of the City on said real estate which the Developer or any
u
contractor or subcontractor of the Developer, or any employee thereof,
N
shall do in grading or working upon said real estate.
4J
4j
d. To construct and improve all public works facilities and other
�
c
improvements as set out herein, according to the standards heretofore
•'4
4J
C4
established, and according to the grades, plans and specifications
4J
p H
gn
thereof, all as approved by the City Engineer, and shall furnish two (2)
y
W
0
oh
good and sufficient bonds. one shall be executed in the face amount of
rq
13
no less than $101.540.00 and the other shall be executed in an
0
ro
�
amount no less than 50% of the above mentioned bond and shall secure
to
payment to the contractor, his subcontractors and to persons renting
qo
o
a
equipment or furnishing labor or materials to them for the improvement
0
>4
r4
N
hereunder, and as provided for in section 4200 -4210 of the Government
0
+►in
r+
Code of the State of California, the Codes, ordinances, Resolutions, and
W
u n
0
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.
dM
Susanne E. Steinmetz,City Clerk t c
City of Gilroy 5 0- 8 i GE 8 2 6
7351 Rosanna Street
Gilroy, CA 95020
SECTION 8
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 alone 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
extensions.
TOTAL AMOUNT DUE CITY
$7,184.80
IN ITNESS WHEREOF, City has executed this greement as of
EST: ITY OK
CITY CLERK Y(
Susanne E. Steinmetz nald F.
� r
APP VED AS TO F RM:ZNISTRATOR
Jay Baksa
Y ATTORNEY
IN WITNESS WHEREOF Owner has executed this agreement as Lpo 011q!'1-Z1
OWNER hC /F l %' y T C C3
DATE y
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.
ERIE
Susanne E. Steinmetz, City Clerk 5 OR PA GE 0 8 2 7
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
- __before
,
personally known tc5 me ( ) to
be the person4.el whose name(.91 is /ate subscribed to the within instrument and
acknowledged to me that he /slae- /t in his /leer /t�ir authorized capacity ( , and
that by his /hee /ter signature(on the instrument the person( -el or the entity
upon behalf of which the personis.) acted, executed the instrument.
WITNESS my hand and official seal.
Signature <�'/ 'Z' yn .
per GL" Sec. 40814; CC Sec. 1181 V
GAYLE M. DARfQ
COWA # 977648 Z
Notary Pubic — Catlfomia
SANTA CLARA COUNTY
VIMV Comm. E*ku NOV 8, 1990
-4-
Susanne S. Steinmetz,CityCl 0828
City of Gilroy S 8 P GE
7351 Rosanna street
Gilroy, CA 95020
Tract No. 8563
stipulation to Property Development
Agreement No. 94 -17A
1. All additional utility line installations as shown on the revised
improvement plans for Tract No. 8563 are to be completed in full
per City of Gilroy standards.
signec
Date
Title
Susanne E. Steinmetz, City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy,. CA 95020
T
==:5—�
t*.alcea
LegiimJ
$laelCVie
1l r
5iliGr'29
1 ► N
N
l►
C�
-� nMn A.
EXHIBIT A
VICINITY S:TE MAP
Tract vo. 8563
Arcadia Develooment Co.
Photographic image may be
poor due to condition of
original document.
Susanne E. Steinmetz,CityCl
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Location of Property_
Assessors Parcel No.
Name of Applicant
Address
Type of Development P
Area
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
No. 94 -17A
Date 6/6/94
Initialed— MP
Tract 8563, Longmeadow and Santa Teresa
783 -20 -027 and portion of 783 -20 -028
Arcadia Development Company
P.O. Box 5368, Sari Jose, CA 95150 (408) 371 -0500
roposed SFR Storm Drain Area B
_Street Frontage
Special Public works Services
Engineering Map Check for lots
Final Maps $3,025.00 + $ 50.00 /lot
Parcel Maps $1,070.00 + $100.00 /lot
100 - 2600 -3- 600400 $ 77.00
$ N/A
Miscellaneous Engineering Services $ 77.00
1 hours x $77.00 /hr
Public works Microfilming (Maps and Plans) $ N/A
1 - 6 sheets $149.94 + $6.62 /sheet
7 -12 sheets $191.84 + $6.62 /sheet
13 -18 sheets $233.73 + $6.62 /sheet
number of sheets
Engineering Plan Check and inspection
Cost of Public Improvements
10% of first $100,000 =
8% of $100,000 - $200,000 =
7% of over $200,000 =
Fire Hydrant Location Fee
7.107.80
$44.58 for the first 5 hydrants
+$ 4.46 for each additional hydrant
100 - 2600 -3- 600412 $7,107.80
$ additional $101,540
$ N/A
Susanne E. Steinmetz,CityCl
City of Gilroy
7351-Rosanna Street
Gilroy, CA 95020
Utility Underground Fees
I- 0831
431 - 2600 -3- 680300 $ N/A
LF @ $118.36/f.f. or
$2,000 maximum for one single family unit
Citywide Traffic Impact Fees 433 - 2600 -3- 681000 $ N/A
Residential - Single Family $2,727.00/per unit
High Density $2,209.00 /per unit
Commercial - High Traffic $6.083 /square foot
Low Traffic $3.0 /square foot
Industrial - General $1.175 /square foot
Warehouse $0.866 /square foot
Sewer Development Fee 435 - 2600 -3- 671000 $ N/A
Units @ $2186 /Unit (Res)
Gals. @ $ 825 /100 GPD (Comm /Ind)
or $ whichever is greater
Water Development Fee
Units @ $1,075.00 /Unit (Res)
436- 2600 -3- 695000 $ N/A
Gals. @ $1,123.00/1000 GPD peak (Comm /Ind)
Water User Fee (Construction Water) 720 - 0433 -3- 690000 $ N/A
FF @ $2.58/FF + 168.14 /Acres @ $168.14 /acre
Public works Cash Bonds and Deposits 801- 2680 -3- 680000 $152,310.00
Other $
Other _ $
TOTAL DUE CITY
BALANCE DUE
$ 7,184.80
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.
Accep
Date:
lCCV125Cu Lw7J