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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 "'� pRr�hI:RTY nF:vr l.nrrlr;rrr Ar:w:l:rH N'r AS '�iz3 fd_ ij1fv► RI'.SIDFN'I'IAI• 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, f 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. t b. To grant to the City without charge, free and clear of Zencumbrances, any and all stipulatt,d easements and rights of way iI in and to his said real property necessary for the City in order P I that its water, electricty, -Ind/or sewer lilies in or to said N x m U real property may be extended. ` W 2 $ r c. To indemnify and held the City harmless and free from all damage z and liability done to any utility, public- facility or other n z material or installation of tilt? City on said real estate which W a the Developer or any contractor or subcontractor of the Q ¢ t Developer, or any e►nployee thereof, shall do in grading or working 0 $ 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. -2- 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 -i- $ By Developer S By Developer Complete improvements to Santa Teresa Blvd. Deferred S By Developer Fine Dr. F / 9 t 49 C ' J 5 i 5 PAGE 807 5 I _T. 2 5 / 5 4 Cit. a Z Q N EXHIBIT A Tract No. 7636 Q N W F- J m • tens ChelbrD Wo o .Q 3 3 8I/ 32 I urnI A PPoni;Aw. ° _j2 a / 4. 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. -4- 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 a 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