Brentwood Investment Company - PDA No. 87-23k Susanne E. Steinmetz,City Clk
City of Gilroy NO FEE PER GC SEC 6103
7151-Rosanna Street
07 Gilroy, CA 95020
�j`�''r3,��,r'�ry PROPERTY DEVELOPMENT AGREEMENT
Jj���f�Pl 1,!-,
94836132
K 341PAGE 70
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 87 -23
This agreement made and entered into this 21st day of September
19 87 , by and between the City of Gilroy, a municipal corporation, herein called the
"City" and CARRIAGE HILLS III, (Brentwood Investment Co., Inc.) , 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. 8052
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, 19, 20, 21 Res. 85 -9 and 76 -47,
thereof pertaining to local improvement procedures in subdivision or development
respectfully): Ordinance No. 83 -i5 (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 cr subcontractor of the
Developer, or any employee thereof, shall do in grading or working
upon said real estate.
K 3 41 PAGE 71
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 $ 760,000.00 , 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 this agreement.
CFrTTnN Q
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.
gFCTTnN 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.
iM
K341PAGE 72
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 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.
gRCTTnN Q
That the attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL AMOUNT DUE CITY
$ 60,119.13
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATT T",
City Clerk
FORM APP ED:'
A-.� City Attorney
CITY OF GILROY
c_-
strator
DEVELOPER
BY _ r � . _ (.� G .ems `�ati✓
BY
DATE Ot
T
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.
—3—
AT. NU. NNo0636
TO 1954 CA (9 -84)
(Corporation as a Partner of a Partnership) ) 1 TICOR TITLE INSURANCE
:iTATE OF CALIFORNIA j �. K 34 1 PAGE '7 �
COUNTY OF Monterey !
On o1 before me, the undersigned, a Notary Public in and for
said State, pe nally appeared t.F.F. F_ NFWF.i.i.
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
the within instrument as the President,
personally known to me or proved to me on the basis of satisfactory evidence
to be the erson who executed the within instrument as the 3L�ClL�t3d'�t of
Newell Development Company, LTD.
the corporation that executed the within instrument on
behalf of Brentwood Investment Company
the partnership that executed s4 OFFICIAL SEAL
the within instrument, and acknowledged to me that such 3�''� \, CAROLYN WYLIE
corporation executed the same as such partner and that Via.° :7a NOTARY Pueuc - CALIFORNIA
s
such partnership executed the same. =� P IONTEREY COUNTY
WITNESS my hand nd official seal. My Comm. Expires Jan 16, 1990
Signature (This area for official notarial real)
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
E S T I M A T E
Location of Property Carriage Hills Drive, approximate
Drive
Assessor -s Parcel No. 783 -21 -030
K 341PAGE 74
No.87 -23
Date 7/6/87
Initialed JBL
900 feet north of Mantelli
Name of Applicant Carriage Hills III (Brentwood Investment Co., Inc.)
Address 1000 South Main Street, Suite 301, Salinas CA 93901
Type of Development Proposed Residential
Area 10.9453 Ac. Storm Drain Area B
Street Frontage 2188 ft.
Special Public Works Services 100 - 2600 -3- 600400 $ 1,125.02
Engineering Map Check
Final Maps $300.00 + $40.00 /lot $ 1,580.00
Parcel Maps $375.00 + $31.00 /lot
32 number of lots
Miscellaneous Engineering Services
$ 410.00
10 hours x $41.00 /hr
Public Works Microfilming (Maps and Plans)
$ 260.05
1 - 6 sheets $112.53 + $5.00 /sheet
7 -12 sheets $143.79 + $5.00 /sheet
13 -18 sheets $175.05 + $5.00 /sheet
17 number of sheets
Wood Pole Mounted Electrolier
$ N/A
N/A FF @ $8.33/FF
Engineering Plan Check and Inspection
100 - 2600 -3- 600412
$ 30,772.63
Cost of Public Improvements
$760,000.00
10% of first $100,000 = 10,000.00
8% of $100,000- $200,000 = 8,000.00
7% of over $200,000 = 43,545.25
(Subject to change based on actual cost.)
Storm Development Fee
Area "A" $1,957.35/Acre
220- 2640 -3- 680200
$
Area "A -1" $3,901.80 /Acre
220 - 2640 -3- 680201
$
Area "B" $1,833.45 /Acre
221- 2641 -3- 680200
$ 10,033.83
Area "C" $3,122.34/Acre
222 - 2642 -3- 680200
$
Area "D" $1,936.61 /Acre
223 - 2643 -3- 680200
$
Area "E" $1,458.99/Acre
224 - 2644 -3- 680200
$
Area "F" $2,694.39/Acre
225- 2645 -3- 680200
$
Area "Q" $2,449.65/Acre
226 - 2646 -3- 680200
$
10.95 Acres @$ 1833.45 /Acre
Front Foot Charges
Water -
FF @$
Sewer -
FF @$
Street Improvements
Pavement
Curb & gutter
Sidewalk
Gal. Pole
Electrolier
& Conduit
Fire Hydrant
Resident
Comm & Ind.
Storm Drain -
inch diameter
FF
inch diameter
FF
230- 2636 -3- 680400
K 341 PAGE 75
$ By developer
230- 2636 -3- 680500 $ By developer
230- 2636 -3- 680600
SF @ $ /SF = $ By developer
FF @ $12.00 /FF = $ By developer
SF @ $ 3.70 /SF = $ By developer
FF @ $ 8.33/FF = $ By developer
FF @ $ 2.75/FF = $ By developer
FF @ $ 3.67/FF = $ N/A
inch diameter 230- 2636 -3- 680700
Other
Other
$ By developer
$ By developer
$ W/ bldg. permit
$ 17,200.00
$ 969.44
$ 18.21
TOTAL DUE CITY $ 60,119.13
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:
FF@ $ /FF
Sewer Development
Fee
705- 2662 -3- 671000
32
Units @ $908.00 /Unit (Res)
Gals. @ $380.00/100 GPD (Comm /Ind)
Water Development
Fee
725- 2772 -3- 695000
32
Units @ $1,075.00 /Unit (Res)
Gals. @ $1,123.00 /1000 GPD peak
(Comm /Ind)
Construction
Water
720- 0433 -3- 690000
2188
FF @ $0.67 /FF + 10.95 Acres @
$43.19 /Acre
Fire Hydrant
Location Fee
720- 0433 -3- 692000
$33.11
for the first 5 hydrants
+$ 3.31
for each additional hydrant
Public Works
Cash Bonds and Deposits
801 - 2680 -3- 680000
Other
Other
$ By developer
$ By developer
$ W/ bldg. permit
$ 17,200.00
$ 969.44
$ 18.21
TOTAL DUE CITY $ 60,119.13
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:
K341 WE '76
ADDITIONAL TERMS AND STIPULATIONS
TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND BRENTWOOD DEVELOPMENT
TRACT 8052
SEPTEMBER 1,1987
1. The Developer acknowledges his responsibility to develop and improve the
property as submitted for Tentative Map approval. All terms and conditions
stipulated in City of Gilroy Resolution No. 87 -34, 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 accepts full responsibility to mitigate storm water
running onto this property from adjacent land and agrees to provide storm
diversion around the property being developed to preclude the entry of
hillside runoff water from entering the tract. The developer also agrees he
will mitigate drainage problems from erosion onsite and immediately adjacent
to this property, and shall construct corrective facilities which will
provide adequate collection of any water, silt, rock or other debris.
Efforts to foresee all of these conditions were made but some areas could
have been have inadvertently omitted from the plans.
4. The developer agrees no units shall receive occupancy permits until all
work in the public right -of -way on site and the secondary access from
Mantelli Drive along Rancho Hills Drive to Longmeadow Drive is complete and
ready for City Council acceptance. Final Contract costs for all public
improvements shall be submitted before acceptance for the correct ad'-t%a *.ment
of fees.
J. The developer also agrees to assume all responsibility for problems
which may develop from the offsite borrow area. A bond in the amount of
$40,000 and an easement will be required to cover the City in case of
failure of the erosion control measures, any siltation, other related damage
to City facilities and the eventual removal of the erosion control fencing.
The duration of the bond and easement will be for a period of three years. If during i .�
the 3 year period there occurs no substantial erosion or other drainage problems, the City will not
require an extension of the bond. If substantial erosion or drainage problems occur, the City may
require the bond to be renewed for an additional year and shall annually review the site to determine
if any additional extension shall be required. SIGNED _LL
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