Meads Group - PDA No. 85-58 Amended 85-19y,
.usanne E. Steinmetz,City Clew �~
City of Gilroy NO FEE per GC Sec. 6103 J 5 15 PAGE 804
7351 Rosanna St.
Gilroy, CA 95020
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AGRE:ErrliN 1 ' FOP F . X I FNS I ONS OF WA I'FR D f c I R I MI'l.10 N F)Ys.I'EMS:
I vRow,mm OF srRhl,rs: 1MS-fAl•I.AI IrrN (IF SEWERS, S'rORM 85 -58 Amended
DRAINS AND OrIIFR PUBLIC WOl,'KS FAC11,1 I IF.S llo. 85 -19
This agreement madr and entered iota this 4th clay of November
1985 , by and between the City rf Cilrov, a mrrnit•ip.il rr�rperntion, herein called the
tic'17T and MEADS GROUP , a real properry owner
developer or subdi': icler, hrcrtrr cal led tilt 11� e�•lolwt ,
WIIEREAS, a final map of suhdi:i�;icnr, ►rcoitl of sutvey or building Kermit (Site
Clearance) application has now here submitted to the City, for approval and acceptance,
covering certain real rstate known as .and called:
Tract No. 7636 _ ,nd,
WHEREAS, the Developer requires rertain utilities and public, works facilities in
order to service the property rsndt,r tilt, minimtim st-indatds established by tire. City and,
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WHEREAS, the City, l,v anti thrc:irh it,; City (' %�unril, has enacted certain C.�des,
Ordinances and and roitnin R1114•a .and Rehrrintions have been ptonatlp.ated
concerning the subject matter of this nt•►—•nv-nt -rrr•.t•
W[IFREAS, tilt, City has crrtnin it,•: for maintenance and opet:lt ion of
such utilities and publir sert•ice faciIit ios after acceptat►c.e by City, and for
r providing the nc:ressnty cor►nertinF system, re lie tal i,lanr and appurtenances, .11111 the
City is agreeing to dirachatgt, those rosponsihi 1 it irr..
NOW 1111AMFORr, in consideration of the ptemises and in order to carry on the
intent and purpose of said Codes, Ordinances, Resvititions and Regulations, it is agreed
by and between the parties as follows:
SECTION 1
'lliat all Cc•(Ies, Ordinances, Resolutions, Rules' and Regulations and established
policies of the City and the laws of the State cif California concerning the subject
matter of this agreemept 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
1 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): Ordinanre No, 83 -15 (7.oning (std,): Resolution 85 -5 (1982 Viii form
Building Code): Rules and Regulations. Included in the above are all of the above
referred to lodes, Ordinances, Resolutions, Regulations and Substitutions tlieteuf, as
amended to the time of execution of this agreement.
SECTION 2
Tire Developer agrees:
a. To perform each and every provision required by the City to be
performed by the Developer in each :rod every one of said Codes,
Ordinances anti other Regulations.
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b. To grant to the City without charge, free and clear of
Zencumbrances,
any and all stipulatt,d easements and rights of way
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in and to his said real property necessary for the City in order
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that its water, electricty, -Ind/or sewer lilies in or to said
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real property may be extended.
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c. To indemnify and held the City harmless and free from all damage
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and liability done to any utility, public- facility or other
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material or installation of tilt? City on said real estate which
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the Developer or any contractor or subcontractor of the
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Developer, or any e►nployee thereof, shall do in grading or working
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upon said rt,nl est.nt.e.
J 515 PAGE 8 C 5 j
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 + s 17,556.00
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 the
above mentioned bond and shall secure payment to the contractor,
his subcontractors and to persons renting equipment or furnishing
labor or materials to then► for the improvement hereunder,
and as provided for in Section 4200 -4210 of the Government Code
of the State of California, ti►e 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 ti►e amount of 10% of ti►e
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 ti►e final map of the subdivision, the record of
survey or ti►e 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 ti►e 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 ti►e 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 ti►e
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 ti►e faithful and prompt performance by the Developer of each and every term
and condition contained herein is made an express condition precedent to ti►e duty of
the City to perform any act in connection with this transaction, and ti►e 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 ti►e City, at
its election, may enforce ti►e performance of any provision herein, or any right
accruing to the City or may pursue any remedy whatsoever it may have under ti►e laws of
the State of California or ti►e Codes, Ordinances, Resolutions of ti►e City, in ti►e 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 ti►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 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 ti►e Developer of each parcel shall succeed to the obligations
imposed on Developer by this agreement.
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SECTION 8
J5i5PAGE 8 06
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 + $3.00 /lot
51 number of lots
b) MiscellaneOus Ftigineerinr Service
8 hours x $31.00 /hr
c) Public Works Microfilming
12 sheets x $5.00 /sheet
+ 3 Sheets
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 + $217,556.00
DEVELOPMEN'r COS'r
$ 343.00
$ 248.00
$ 60.00 + $15.00
S n/a
S 36,211.00 + $10078.00
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 $ By Developer
FF @ $ /FF
h) Front Foot Sewer Fee
FF @ $ /FF
i) Street Improvements
Includes pavement, curb S Flutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for breakdown.)
j) Front Foot Storm Drain Fee
FF @ $ /FF
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$ By Developer
S By Developer
Complete improvements to
Santa Teresa Blvd. Deferred
S By Developer
Fine
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' J 5 i 5 PAGE 807
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Cit.
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EXHIBIT A
Tract No. 7636
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STIPULATIONS
MEADS GROUP
TRACT NO. 7636 J 5 1 5 PASE 808
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 efl.d Beets T
ward and for oversizing at the time of acceptance of the main.
(See Calculation Sheet)
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 Tract Map and plans.
13. Developer will be reimbursed for off -site water main at the time of
development of adjacent parcels. (See Calculation Sheet)
J5i5PAGE 8 09
14. Developer agrees to share in the cost of sewer and mater mains in Santa
Teresa Boulevard with the developer.of Tract No. 7638 at the ratio of 55%
for Tract No. 7636 and 45% for Tract No. 7638 and shall be reimbursed
accordingly. (See Calculation Sheet)
15. Developer agrees he is responsible for all mains in Santa Teresa Boulevard
along his property frontage.
16. The City agrees to collect all remaining main costs from each new
developing property along the properties now fronting the project and make
reimbursements to the developer or developers of Tract No. 7636 and Tract
No. 7638.
17. The City agrees to pay Bilardi Construction $40,536 for the City's over-
sizing reimbursement for the 16" mater main in Santa Teresa Boulevard.
This payment fulfills the City's oversizing obligation to this project for
water min and no subsequent payment will be Trade.
18. Subsequent reimbursement for oversizing will be Trade as outlined on the
Calculation Sheet.
19. Default Condition - Should either developer in this agreement default the
remaining developer shall assume the defaulting developer's interest in
the off -site improvements and shall be eligible for all oversizing and
frontage reimbursements as stipulated.
Accept
Title:
S Date:
.
Storm Main Oversizing
18"
RCP
to 21"
RCP
18"
RCP
to 24"
RCP
18"
RCP
to 27"
RCP
18"
RCP
to 72"
RCP
18" RCP to 48" RCP
18" RCP to 42" RCP
Area Storm Fee
CALCULATION SHEET
MEADS GROUP
Tract No. 7636
265 LF @ $ 5.00 /LF =
20 LF @ $ 9.00 /LF =
165 LF @ $11.00 /LF a
850 LF @ $46.00 /LF =
525 LF @ $45.00 1LF =
359 LF @ $38.081LF =
12.8811 acres @ $1640.00 /acre
Total Reimbursement Due Develover
To be reimbursed when properties in the
same storm drainage zone (Area "B ") are
developed and fees are collected.
Sever Main Oversizing
12" DIP to 14" DIP 969 LF 8 $ 4.00 1LF =
55% 1211 DIP to 16" DIP 438 LF @ $10.50/LF =
Total Reimbursement Due Develover
To be reimbursed at the time of acceptance
of the main.
Water Main Oversizing
12" DIP to 16" DIP 930 LF @ $24.00 1LF =
55% 12" DIP to 16" DIP 1380 LF @ $24.00 1LF =
See Stipulation 17
J 51 PAG E 810
$ 1,325.00
$ 180.00
$ 1,815.00
$ 399100.00
$ 423,420.00
$ 23,625.00
$ 13,642.00
$ 79, 687.00
$ 219125.00
$ i► -9295-.00
$ 58,562.00
$ 3,876.00
$ 2,529.45
$ 6,405.45
$ 22,320.00
$ 18,216.00
$ 40,536.00
0
k) Water Development Fee
49 Units @ $815.00 /Unit
4
J515PA6E Sit
S 39,935.00
1) Construction Water $ 3,448.00
6380 LF @ $0.50 /FF +12.8811 Acres @ $20.00 /Acre
m) Fire Hydrant 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
$ 40.00
$ w /Bldg Permit
S
$ 80,285.00 + 10,893.00
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
CITY OF GILROY
t A0} .
ATT
i
City Clerk
BY
DATE __S ��js
NOTE: If Developer is a corporation, the complete legal nnme and corporate seal of the
corporation and the corporate titles of the persons signing for the corporation
shall appear above.
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STATE OF CALIFORNIA
COUNTY OF SANTA CLARA ss.
On November 4, 1985 before me, the undersigned,
a Notary Public in and for said State, personally appeared
_ G. W. MEADS _ , known to me to
be the person whose name subscribed to the within instru-
ment and acknowledged that he executed the same.
WITNESS my hand and official seal.
�2 6 ) ' � -
Susanne E. Steinmetz, City Clerk, Cit
per GC Sec. 40814; CC Sec. 1181 C
Gilroy
Clark
Cily G` r; scull Clara
Stay of 1.d 3r 1S per civil Cob Sec Ila
Comet Code sm 40614.
14
J515PAGE
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J 515PAGE 812
8S.g123'7
K I
FILED FOR RE'CORO
AT REQUEST OF
�GU P '85
M -.ARA c,,r J,�,n-y'
LA 4E COROTP