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Brentwood Investment Company - PDANO FEE per GC Sec. 610' Susanne E. Steinmetz,City Cle-- City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 M% .(1- PROPERTY DEVELOPMENT AGREEMENT RESIDENTIAL 8608904 ..T Hi:�iUQc OF ,4tu;,4.41 14 fitl'r ILE to 21 AM 165 Oi = iv..I...iEGOrRDS AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMSSANT.4 CLI,RA COUNTY IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM LAURIE KANE DRAINS AND OTHER PUBLIC WORKS FACILITIES No RECCfgF80 J 131 PAGE 1920 This agreement made and entered into this 18th day of November 19 85 , by and between the City of_Gilroy, a muAcipal corporation, herein called the "City" and BRENTWOOD INVESTMENT CO. , 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 approvEl and acceptance, covering certain real estate known as and called: Tract No. 7786 and, WHEREAS, the Developer requires certain utilities and public we --ks 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 end 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, ar:d 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. Saki Cvdrs, , rdinances and Regulations include, but are r.oz limited to, the following: the Cede of the City of Gilroy (including but not limited to Chapters 12A, 19, 20, 21 Res. 65 -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. -I- J531PAGE1921 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 $ 50,190.00 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 th-'s 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 p =rt 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 evert 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- nv --, e That the following are the estimated amounts tive parties hereto, and it is further understood estimated only and are subject to final determina FACILITY Engineering Map Checks a) Subdivisions $190.00 + $3.00 /lot Parcel Splits $83.00 + $3.00 /lot 33 number of lots 289.00 - 144.50 b) Miscellaneous Engineering Service 4 hours x $31.00 /hr 124.00 - 31.00 c) Public Works Microfilming 10 sheets x $5.00 /sheet 50.00 - 25.00 d) Wood Pole Mounted Electrolier FF @ $5.00 /FF e) Engineering Plan Check and Inspection 5% of the Cost of Public Improvements J531 PAGE1 9 2 24 of costs to be borne by the respec- and agreed that said amounts are tion upon completion of the work. DEVELOPMENT COST $ 144.50 5% x $ 50,190.00 = 2,509.50 - 2,500.00 f) Storm Development Fees 1. 062 Acres @ $ 1640.00 /Acre = 1742.00 Acres @ $ /Acre g) Front Foot Water Fee FF @ $ !FF h) Front Foot Sewer Fee FF @ $ /FF i) Street Improvements-- - Includes pavement, curb & gutter, sidewalk, electroliers, fire hydrants, etc. (See Cost Schedule for breakdown.) j) Front Foot Storm Drain Fee FF @ $ /FF -3- S 93.00 25.00 $ n/a S 9.50 $ -0- Credit to Tract #7673 $ By Developer $ By Developer $ By Developer $ By Developer w J531PAGE1923 k) Water Development Fee $ 13.447.50 33 Units @ $815.00 /Unit = 26,865.00 - 13,447.50 (Paid) 1) Construction Water $ 200.00 800 LF @ $0.50 /FF + Paid Acres @ $20.00 /Acre 400.00 - 200.00 (Paid) m) Fire Hydrant Location Fee $31.00 for first five hydrants + 3.00 for each additional 2 hydrants 31.00 - 15.50 (Paid) n) Sewer Development Fee o) Public Works Cash Bonds and Deposits p) Other $ 15.50 $ w /Building Permits $ 2 Mylars 0$9.00 ea = $18.00 1/3 Storm and Sewer Crossings (Santa Teresa Blvd.) 1/3 x 12,200.00 = $4,067.00 TOTAL DUE CITY 4,085.00 S 18,020.00 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTE DEVELOPER - - Gs— City Clerk BY > BY DATE NOTE: If Developer is a corporation, the complet legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. -4- STATE OF CALIFORNIA ) SS COUNTY OF SANTA CLARA ) J531 PAGE 1924 On NOVEMBER 7, 1985 before me, the undersigned, a Notary Public in and for said State, personally appeared BERT MANTELLI ( Xpersonally known to me ( )proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, as being the subscribing Witness thereto, said subscribing Witness being by me duly sworn, deposes and says: That this witness resides in CITY OF GILROY, SANTA CLARA COUNTY and that said witness was present and saw LEE NEWELL personally known to said witness to be the same person (s) described in and whose name (s) . IS subscribed to the within and annexed Instrument as a party thereto, execute and deliver the same, and that affiant subscribed his /her name to the within Instrument as a Witness. WITNESS my std and official, seal. &Z Signed: tary, ublic i a6dfor County (Place Seal Above) �� - - - -- - - - - --- 11 II II ' 1 it II j r J531 PAGE 1925 1 o� Lon meodow C�n us L I, c t. L� lu Valbusa I I I i 2 5 / 5 4 �ITE i i ne 209/49 i i I L.upin � I i c Ans n t Ct. L ManteIIi Ousley Ave EXHIBIT A BRENTWOOD TNVF: .qTMPMT M J m Uj, i aj 2' a! C i �— Peter;sen L -�- Chesbrp Wq a _> Wei urni aY. :PO: Aw. J531PAGE1926 STIPULATIONS BRENTWOOD INVESTMENT CO. TRACT NO. 7786 1. Developer acknowledges that he is responsible to obtain all water, sewer, storm drain easements, and provide temporary access easements at no cost to the City. 2. Developer further acknowledges that off—site-easements are necessary through a number of different properties. 3. Developer shall install off —site storm and sewer mains as required to Santa Teresa Boulevard in approved easements and will participate in the cost of their construction. 6. Developer shall contribute to the cost c•f the trunk main between Santa Teresa Boulevard and Wren Avenue. 7. Developer agrees to enter into a partnership for the construction of the trunk sewer main between Santa Teresa Boulevard and Wren Avenue. The . partnership shall be established to bear the total cost of the construc- tion of the trunk main and to receive reimbursements as other developments connect to the trunk pipeline. 8. City shall reimburse the partnership for sew ?r main oversizing costs in excess of pipe sizes necessary to achieve minimum velocity. 9. Partnership shall be eligble to receive reimbursements for connections to the trunk main for a period not to exceed fifteen (15) years. 10. Developer will be reimbursed for 1/2 of sewer and water mains and 12' of street improvements in Mantelli Drive at the time of development of the property on the south side. 11. 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. 12. 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. 13. The developer agrees to improve to City Standards all streets and dedicate and improve to City Standards all public improvements as shown on Tract Map and plans. Accepted by: C Ljj n Title: Date: 1, 1 - __i