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Filice Estates Vineyard - PDA No. 87-25jusanne E. Steinmetz,City Cler NO FEE PER GC SEC 6103 9436593 City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 - ray, --�°,� � �+ �J,� lf�.� t) �`1S i��:i t PROPERTY DEVELOPMENT AGREEMENT RESIDENTIAL K 298PAGEIGIO AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 87 -25 This agreement made and entered into this 8th day of September 1.9 87 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and RANCHO REAL (Filice Vineyard Estates) , 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: Assessor's Parcel No. 783 -03 -015 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 i 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 -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. -1- K 298PAGE 1617 9436593 REC FEE RMF rA I c R o ci CO., LIEN NOT S M PF -4 — PCOP cis ci -n --4 CP K 298PA6El 6 10 K 298PAGE1611 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 $ 269,553.00 , 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. 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- SECTION 8 K298PAGE1612 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. CRCTTnw Q That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY $ 86,301.11 ($24,248.71 paid on 7- 13 -87. Water, sewer, public safety fees and other building fees are deferred until Building Permit stage.) IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. c; s ATT C'i ty Clerk '" PROVED: > ' J ity Attorney v CITY OF GILROY BY BY DATE f t U(t (� VAIE, VAI- F,�AVZ) S 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. ZZ PARTNERSHIP ACKNOWLEDGMENT NO. 203 State of L r� �' C .� r v-v , On this the AA day of GaeSs'��e�,�LLU� 19L7, before me, SS. K 29SPAGE1613 County of `�, L <1- '� - } -<�_ � { c:,s F �r ' - � �� v4 ✓�-1 _S the undersigned Notary Public, personally appeared 6 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WI7-NES y hand and_o al seal. NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 ADDITIONAL TERMS AND STIPULATIONS K 2 008 PAGE 1614 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND FILICE ESTATE VINEYARDS TRACT 7350 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 -35, 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 forsee 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 is complete and ready for City Council acceptance. Final Contract costs for all public improvements shall be submitted before acceptance for the correct adjustment of fees. 5. The developer agrees to dedicate and construct a site for a booster station for Pressure Zone 2. All lots served by Pressure Zone 2 are liable for a pro -rata share of the cost of the booster pump and reservoir system. The Developer agrees to reimburse Country Club Estates for this cost and will provide a letter to the City specifying the costs and that payment, of the said pro -rata share has been made or, based on a cost estimate, a bond will be posted for the amount of the estimate. Final costs will be approved by the City. Pro -rata share is based on the total units to be served by Pressure Zone 2. 6. All lot pads that are at or above the 280 foot elevation line shall install oversized service lines and shall require onsite water pressure systems for domestic water and shall be connected to the Zone 2 System when it is available. Minimum pressure and flow requirements shall be 50 psi at peak flow. Lots above the 280 foot elevation must be tested for minimum flows after the water services have been installed. SIGN 7 Page 1 of 1 K 298raGE1615 CITY OF GILROY No. 87 -25 (Rev 1) DEVELOPMENT COST SCHEDULE Date 8 /21/87 E S T I M A T E Initialed JBL Location of Property Mantelli Drive, South of Carriage Hills Drive Assessor's Parcel No. 783 -03 -015 Name of Applicant Rancho Real (Filice Vineyard Estate) Address 7951 -A Wren Avenue, Gilroy, California 95020 Type of Development Proposed Residential (Custom Lots) Area 7.74 Ac. Street Frontage Storm Drain Area "B" Special Public Works Services $ 100- 2600 -3- 600400 $ 1,450.00 (50 %) (50%) Engineering Map Check $3,901.80 /Acre 220 - 2640 -3- 680201 $ Final Maps $300.00 + $40.00 /lot $ 980.00 Parcel Maps $375.00 + $31.00 /lot Area "B" $1,833.45/Acre 17 number of lots $ 14,190.90 * ** Miscellaneous Engineering Services $ 328.00 Area 8 hours x $41.00 /hr $3,122.34/Acre 222 - 2642 -3- 680200 $ Public Works Microfilming (Maps and Plans) $ 142.53 1 - 6 sheets $112.53 + $5.00 /sheet Area "D" $1,936.61 /Acre 7 -12 sheets $143.79 + $5.00 /sheet $ 13 -18 sheets $175.05 + $5.00 /sheet (50 %) Area 6 number of sheets $1,458.99/Acre 224 - 2644 -3- 680200 $ Wood Pole Mounted Electrolier $ 0 N/A FF @ $8.33/FF Area "F" $2,694.39/Acre Engineering Plan Check and Inspection $ 100- 2600 -3- 600412 $ 22,798.71 (50 %) (50 %) Cost of Public Improvements $ 269,553.00 $ 10% of first $100,000 = 10,000.00 8% of $100,000 - $200,000 = 8,000.00 7% of over $200,000 = 4,798.71 (Subject to change based on actual cost.) Storm Development Fee Area "A" $1,957.35/Acre 220 - 2640 -3- 680200 $ (50 %) Area "A -1" $3,901.80 /Acre 220 - 2640 -3- 680201 $ (50 %) Area "B" $1,833.45/Acre 221 - 2641 -3- 680200 $ 14,190.90 * ** (50 %) Area "C" $3,122.34/Acre 222 - 2642 -3- 680200 $ (50 %) Area "D" $1,936.61 /Acre 223 - 2643 -3- 680200 $ (50 %) Area "E" $1,458.99/Acre 224 - 2644 -3- 680200 $ (50 %) Area "F" $2,694.39/Acre 225 - 2645 -3- 680200 $ (50 %) Area "Q" $2,449.65/Acre 226- 2646 -3- 680200 $ (50 %) 7.74 Acres @$ 1,833.45 /Acre K 298 PAGE 1616 Front Foot Charges Water - 12" inch diameter 230 - 2636 -3- 680400 $ 17,251.00 * ** (50%) 1113 FF @$ 15.50 FF Sewer - 8" inch diameter 230 - 2636 -3- 680500 $ 10,593.00 * ** (50 %) 963 FF @$ 11.00 FF Street Improvements 230 - 2636 -3- 680600 $ 35,698.41 * ** (50 %) Pavement 11.556 SF @ $ 2.86/SF = $ 33,050.16 Curb & gutter FF @ $12.00 /FF = $ By Developer Sidewalk SF @ $ 3.70 /SF = $ By Developer Gal. Pole Electrolier & Conduit FF @ $ 8.33/FF = $ By Developer Fire Hydrant Resident 963 FF @ $ 2.75/FF = $ 2,648.25 Comm & Ind. FF @ $ 3.67/FF = $ N/A Storm Drain - inch diameter 230 - 2636 -3- 680700 $ 7,182.00 * ** (50 %) FF@ $ /FF Sewer Development Fee 705 - 2662 -3- 671000 $ 18,530.00 ** (50 %) Units @ $908.00 /Unit (Res) Gals. @ $380.00/100 GPD (Comm /Ind) Water Development Fee 725 - 2772 -3- 695000 $ 18,275.00 ** (50 %) Units @ $1,075.00 /Unit (Res) Gals. @ $1,123.00/1000 GPD peak (Comm /Ind) Construction Water 720- 0433 -3- 690000 $ 1,352.69 * ** (50 %) FF @ $0.67 /FF + Acres @ $43.19 /Acre Fire Hydrant Location Fee 720 - 0433 -3- 692000 $ 33.11 * ** (50 %) $33.11 for the first 5 hydrants +$ 3.31 for each additional hydrant Public Works Cash Bonds and Deposits 801 - 2680 -3- 680000 $ 402,830.00 Other Sta.Teresa B1vd.Impr. $ 24,174.00 ** Other Paid $24,248.71 on 7 -13 -87 $ TOTAL DUE CITY $ 86,301.11 * ** (50 %) 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. t lE5� Y�/�(�A6' j�S ** Deferred by Agreement * ** Before Final Map is approved. Accepted by: Date: A Front Foot Charges Works Cash Bonds and Deposits 801 - 2680 -3- 680000 $ 402,830.00 Other Water - 12" inch diameter $ 24,174.00 ** Other 230 - 2636 -3- 680400 1113 FF @$ 15.50 FF TOTAL DUE CITY Sewer - 8" inch diameter 230 - 2636 -3- 680500 963 FF @$ 11.00 FF will be adjusted to the rates in effect at the Street Improvements * ** 230 - 2636 -3- 680600 Pavement 11.556 SF @ $ 2.86/SF = $ 33,050.16 Curb & gutter FF @ $12.00 /FF = $ By Developer Sidewalk SF @ $ 3.70 /SF = $ By Developer Gal. Pole Electrolier & Conduit FF @ $ 8.33/FF = $ By Developer Fire Hydrant Resident 963 FF @ $ 2.75/FF = $ 2,648.25 Comm & Ind. FF @ $ 3.67/FF = $ N/A Storm Drain - inch diameter 230 - 2636 -3- 680700 FF@ $ /FF Sewer Development Fee 705 - 2662 -3- 671000 Units @ $908.00 /Unit (Res) Gals. @ $380.00/100 GPD (Comm /Ind) Water Development Fee 725 - 2772 -3- 695000 Units @ $1,075.00 /Unit (Res) Gals. @ $1,123.00/1000 GPD peak (Comm /Ind)' Construction Water 720- 0433 -3- 690000 FF @ $0.67 /FF + 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 $ 17,251.00 * ** (50 %) $ 10,593.00 * ** (50 %) $ 35,698.41 * ** (50 %) $ 7,182.00 * ** (50 %) $ 18,530.00 ** (50 %) $ 18,275.00 ** (50%) $ 1,352.69 * ** (50 %) $ 33.11 * ** (50 %) Public Works Cash Bonds and Deposits 801 - 2680 -3- 680000 $ 402,830.00 Other Sta.Teresa B1vd.Impr. $ 24,174.00 ** Other Paid $24,248.71 on 7 -13 -87 $ TOTAL DUE CITY $ 86,301.11 * ** (50 %) 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. f RW'E C— T • 2 Yll�fF'�A1 1 S Deferred by Agreement * ** Before Final Map is approved. Accepted by: Rk, ; p Date: Ci — l — cz"+