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Meads Group - PDA No. 85-19� This agreement made and enteted into, this 3rd (Iny of June PAGEJL20g 19 85 , by and between the Citc of Cilrnv, a municipal rorporation, herein called the "Ciity'T and MEADS GROUP a real property owner develepet ur subdivider, h(.tctrr called th( Uevelrl�r WHEREAS, a final nrr(p of suhdi•:isior,, record of survey or building permit (Site Clearance) application has now horn submitted to the City for approval and acceptance, covering certain real estate known ns and called: Tract No. 7636 rind, WIIEREAS, the Developer requires rertnin 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 throurl) it,: Citv Council, has enacted certain Cedes, Ordinances and Iteselutir�ns and certain Rul,•q and Reputations have been pr(rmulgated concerning the suh jest n,.'ttter of this a} rr• mr nt and, WIIFRFAS, the City Iris certain te,rponsil i I i t iv,, for maintenance and caper at ion of such utilities and public service facilities aftet acceptance by City, acid for providing the necessary connecting systcin, reneraI plant and appurtenances, and the City is agreeing to disrharge those r.- spon.�zi hiIit.ir•s, NOW 111EREFORE, in consideration of the premises and in older to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between tine parties as follows: SECTION 1 That all Cedes, Otdinances, 1lrselut ions , 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 lenFth Herein. Said Codes, Ordinances and Regulations include, but are not limited to, the following: tine 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 thliform Building Code): Rules and Regulations. Included in the above are all of the above referred to Codes, Ordinances, Resolutions, Rcgulati.ons 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 ether Regulations. b. To grant to the City without cl,arg.e, free and clear of encumbrances, any and all stipulated casements and rights of way in and to his said real property necessary for tle City in order that its water, electricty, arm /or sewer lines in or to said real property may he extended. C. To indemnify and held the City harmless and free from all damage and liability dune to any utility, public facility or otlrcc material or installation of the City on snid real estate which the Developer or any cr>ntrnctor or subrontrnctor of the Develel—r, or any employee thrlreof, shall do in gradir.g or working upon sa;d real eat rtr . NO FEE per GC Sec. 6103 r ^ �IfrffT , i A� CJ � ��L ti• PROPERTY 11FULOPME11T AGREEMENT N RESlnr WI* IA1. AGIREEM N't F011 Fx I FNS I ONS OF WA FFR D I S fR I Itir f I ON SYSTEMS: IMPROVrMFNT OF STREETS: 1NSfA1.1.A1ION OF SEWERS, STORM CA DRAINS AND OTIIFR PU(li, l C WMIKS FA(' 1 I, 1 1 I FS No, 85 -19 J3f8 � This agreement made and enteted into, this 3rd (Iny of June PAGEJL20g 19 85 , by and between the Citc of Cilrnv, a municipal rorporation, herein called the "Ciity'T and MEADS GROUP a real property owner develepet ur subdivider, h(.tctrr called th( Uevelrl�r WHEREAS, a final nrr(p of suhdi•:isior,, record of survey or building permit (Site Clearance) application has now horn submitted to the City for approval and acceptance, covering certain real estate known ns and called: Tract No. 7636 rind, WIIEREAS, the Developer requires rertnin 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 throurl) it,: Citv Council, has enacted certain Cedes, Ordinances and Iteselutir�ns and certain Rul,•q and Reputations have been pr(rmulgated concerning the suh jest n,.'ttter of this a} rr• mr nt and, WIIFRFAS, the City Iris certain te,rponsil i I i t iv,, for maintenance and caper at ion of such utilities and public service facilities aftet acceptance by City, acid for providing the necessary connecting systcin, reneraI plant and appurtenances, and the City is agreeing to disrharge those r.- spon.�zi hiIit.ir•s, NOW 111EREFORE, in consideration of the premises and in older to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between tine parties as follows: SECTION 1 That all Cedes, Otdinances, 1lrselut ions , 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 lenFth Herein. Said Codes, Ordinances and Regulations include, but are not limited to, the following: tine 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 thliform Building Code): Rules and Regulations. Included in the above are all of the above referred to Codes, Ordinances, Resolutions, Rcgulati.ons 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 ether Regulations. b. To grant to the City without cl,arg.e, free and clear of encumbrances, any and all stipulated casements and rights of way in and to his said real property necessary for tle City in order that its water, electricty, arm /or sewer lines in or to said real property may he extended. C. To indemnify and held the City harmless and free from all damage and liability dune to any utility, public facility or otlrcc material or installation of the City on snid real estate which the Developer or any cr>ntrnctor or subrontrnctor of the Develel—r, or any employee thrlreof, shall do in gradir.g or working upon sa;d real eat rtr . • J 3 f 8 PAGE 1240 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 tt►e City Engineer, and shall furnish two (2) good and sufficient bonds. One shall be executed in the face amount of no less than $ 724,225.00 , and the other shall be executed in an amount no less than 50% of ttie 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 tt►e 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 ti►e 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, tt►e Developer shall pay to tt►e City all sums, shown in Section 8 thereof to be due under the terms and provisions of this agreement. SFCTInN I 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 tt►e 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 tl►e faithful and prompt performance by ttie Developer of cacti and every term and condition contained herein is made an express condition precedent to tl►e duty of the City to perform any act in connection with this transaction, and tt►e failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due stall release the City from any and all obligations hereunder and the City, at its election, may enforce tt►e performance of any provision herein, or any right accruing to tl►e City or may pursue any remedy whatsoever it may have under tt►e laws of the State of California or the Codes, Ordinances, Resolutions of tt►e City, in tt►e event of any such default by Developer. SECTION 7 That this agreement, together with the attached stipulations, is an instrument affecting tl►e title or possession of tl►e real property described in Exhibit A. All the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of tt►e successors in interest of Developer. Upon tt►e sale or division of tt►e property described in Exhibit A, the terms of this agreement shall apply separately to each parcel and the Developer of cacti parcel shall succeed to the obligations imposed on Developer by this agreement. -2- J 368PAGE1241 SECTION 8 That the following are the estimated amounts of costs to be borne by the respec- tive parties hereto, and it is further understood and agreed that said amounts are estimated only and are subject to final determination upon completion of the work. FACILITY Engineering Map Checks a) Subdivisions $190.00 + $3.00 /lot Parcel Splits $83.00 + S3.00 /lot 51 number of lots b) Miscellaneous Engineering Service 8 hours x $31.00 /hr c) Public Works Microfilming 12 sheets x $5.00 /sheet d) Wood Pole Mounted Electrolier FF @ $5.00 /FF e) Engineering Plan Check and Inspection 5: of the Cost of Public Improvements 5% x $ 724,225.00 DEVELOPMENT COST $ 343.00 $ 248.00 S 60.00 $ n/a S 36,211.00 f) Storm Development Fees $ _0_ See Stipulation #4 12.8811 Acres @ $1,640.00 /Acre = $21,125.00 and Calculation Sheet Acres @ $ /Acre g) Front Foot Water Fee FF @ $ /FF h) Front Foot Sewer Fee FF @ $ /FF i) Street Improvements Includes pavement, curb S Sutter, sidewalk, electroliers, fire hydrants, etc. (See Cost Schedule for breakdown.) j) Front Foot Storm Drain Fee FF @ $ /FF -I - S By Developer By Developer S By Developer Complete improvements to Santa Teresa Blvd. Deferred $ By Developer k) Water Development Fee 49 Units @ $815.00 /Unit 1) Construction Water 6380 LF @ $0.50 /FF +12.8811 Acres @ $20.00 /Acre m) Fire Hvdrant Location Fee $31.00 for first five hydrants + 3.00 for each additional 8 hydrants n) Sewer Development Fee 49 units @ $380 /unit o) Public Works Cash Bonds and Deposits p) Other TOTAL DUE CITY J 368 PAGE 1"242 $ 39,935.00 $ 3,448.00 40.00 S w /Bldg Permit S :1 11 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTE City Clerk CITY OF GILROY BY DATE � NOTE: if Developer is a corporation, the c- niplete legal name and corporate seal of ttte corporation and the corporate titles of the persons signing for the corporation r shall appear above. STATE OF CALIFORNIA County of Santa Clara ) ss 3 �i PGGE I On, —'-. �� before me the undersigned, a Notary Public in and for said County of Santa Clara and State, personally appeared a(Pa) known to me to be the pry and known to me to be the of the D4un4a4pe-1- Corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corpora- tion therein named, and acknowledged to me that such corporation executed the same. WITNESS y hand andloffi ia,* seal. / . 7':y Commission Expires: otary Public SEEA'L" LANZA i , c -- rAuF016A SANTA CLARA COUNTY IM Cwoassan Equa OK. & 1!M J t u r r O J36SPAGEI21'4 �I a u - 51 _T q q Fine + 4IJ09:/44 Anson F / 9 2 5 / 5 4 Q N W F� Y Lupine Z I Ct.1 H �i F Mamtslli I I IDr. 1 ;21 171 1/1 !II 9 5dlls Ousley jl:. I Dr. N .o `� N ' etensen � I I r' � 385/41 ° 1 ChesbrU WO I Id II �-Ie3jlu'r I I I I~ 2 n EXHIBIT A Tract No. 7636 pDo ni ; Av. ° I4 Q STIPULATIONS J !� U G S PAGE 2 MEADS GROUP TRACT NO. 7636 1. Developer acknowledges that he is responsible to obtain all water, sewer and storm drain easements. 2. Developer further acknowledges that off -site easements are necessary through a number of different properties. 3. At the time of issuance of building permits, the Developer shall contribute to the interim street improvement fund.for the City's northwest quadrant, for the development of Santa Teresa Boulevard. 4. City will reimburse the developer for all storm mains over 18" in diameter and for off-site mains at the time of the development of adjacent parcels. (See Calculation Sheet) 5. Developer will be reimbursed for off -site sanitary sewer at the time of the development of adjacent parcels between this site and Santa Teresa Boulevard. 6. The cost for the trunk main between Santa Teresa Boulevard and Wren Avenue shall be borne by the currently developing properties with sewer alloca- tions. 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 sewer 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. 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. 11. 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. 12. The developer agrees to dedicate and improve to City Standards all streets and public improvements as shown on T1_4.t . p and plans. Accept Title: Date: CALCULATION SHEET Tract No. 7636 Storm Main Oversizing J 3GSPAGE1246 18" RCP to 21" RCP 265 LF @ $ 5.00 = $ 1,325.00 18" RCP to 24" RCP 20 LF @ $ 9.00 = $ 180.00 18" RCP to 27" RCP 165 LF 0 $11.00 = $ 1,815.00 18" RCP to 72" RCP 850 LF @ $46.00 = $ 39,100.00 S 42,420.00 Area Storm Fee 12.8811 acres @ $1640.00 /acre S 21,125.00 Total Reimbursement Due Developer S 21,295.00 To be reimbursed when properties in the same storm drainage area (Area "B ") are developed and fees are collected.