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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 C',.�r�� Page 1 of 1 NO FEE N C l T �rn 3w C-M mC o — n_ ----� rn rn OmD� 7tf 7o z: Q G� O7�Ar: !7 �mC� cp= —d OO X Cl - 'Ts = o -c --1 0 K V 1PACE 70