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Meads Group - PDA No. 87-10COPY NO FEE PER GC SEC 6103 Susanne E. Steinmetz,City Clerk City of Gilroy 7351 Rosanna St. ROPERTY DEVELOPMENT AGREEMENT ;ilroy, CA 95020 RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM No. 87 -10 DRAINS AND OTHER PUBLIC WORKS FACILITIES This agreement made and entered into this 3rd day of August called l 19 by and between municipal e City of Gilroy, a mu corporation$ real property owner "City and THE MEADS GROUP ' 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: and, Tract No. 7895 WHEREAS, tite Developer requires certain utilities and public works facilities it, 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 ttte 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 a 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. �oQ6 9392923 Man AT THZ REQUEST OF ON � - -/ 2 - AT -a- MIN. PAST / G'CIOCK M. LAURIE KANE, RECORDER SANTA CLARA COUNTY d. To construct and improve all public works facilities and other improvements as set out herein, according to ttit_ 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 $ 559,233.00 , 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 tnaterials 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. 1n 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- CVrTTnm R 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 trafficmistcomple along tedexisting a minimum roads interruption the work affecting vehicular to traffic. 3. A11 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. gRrTTON 9 That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY $ 58 793 n4 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATT City Clerk FORM ROVED: `1 ity Attorney CITY OF GILROY 4 rou l__ des _ BY BY DATE 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- STATE OF CALIFORNIA COUNTY OF SANTA CLARA ss. On August 7, 1987 before me, the undersigned, a Notary Public in and for said State, personally appeared GIL MIGUEL TAMBUNTING PUYAT , 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. •P, '- 'usanne E. Steinmetz, City Clerk, Ci of Gilroy per GC Sec. 40814; CC Sec. 1181 ADDITIONAL TERMS AND STIPULATIONS TO THE DEVELOPMEN[ AGREEMENT FOR lRACl 7895 . BETWEEN lHE CITY AND THE MEADS GROUP ' DATED July 27,1987 1. The Developer acknowledges his responsibility to assure all elements of the infrastructure; streets, wate[, 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. 2. The Developer also acknowledges he is a participant in the Interim Drainage Project which was designed to carry storm drainage water from this development and has participated in corrections to the Interim System. As a participant you agree to work with other developers in the Northwest Quadrant to mutually resolve drainage problems to adequately protect the property you are developing and participate in the cost of corrections to the system until the completion of the 566 Project' 3. The developer acknowledges he has received credits for oversizing the Water, Sewer, and Drainage system along his property frontage. Other reimbursements are stipulated in the development agreement for Tract 7636 and Tract 7856. 4. The developer is eligible for additional reimbursements when adjacent properties develop across Santa Teresa along the property frontage, and south to Mantelli Drive. 5. The developer agrees no units shall receive occupancy permits until all work in the public right of way is complete and ready for Council Acceptance' 6. Storm Drainage Reimbursements will be made for only those pipes shown on the Master Storm Drainage Plan' SIGNED_ ____ Pago 1 of 1� ^^ Storm Main Oversizing: • 24" RCP to 48" RCP 24" RCP to 72" RCP Note: CALCULATION SHEET Tract No. 7895 April 7, 1987 869 LF @ $ 39.00 = $ 33.891.00 384 LF @ $ 64.00 = $ 24,576.00 Total = S 58.467.00 The $58.467.00 will be reimbursed when adjacent properties in the same storm drainage area (Area "B ") are developed and fees are collected, however reimbursements shall be limited to 10 years and shall be no greater than actual cost. SI >cclal Public Works Sorvices Nall Chock Final halls $300.QO i- -',I),O1) /Lnf. P )reel lla;r.t $ 175.01) 1- $')1 .00/ 1'1L /In num1W17 n[ 1oLy 1119cellam -o x1 ] it),.hworin)k ^,rrvlr.en n lwl)r.( x $ 1.00/11r PublLe Work;) 111. rnrlluling (ital►, nntl I'lanr {) I - 6 sheets $ 1 12.53 F 7 -12 sltltntg $ 143.79 + 11.0 ) /s11cet 13 -13 s1lcets $)15.(15 ( $S.00 /nll��ut n number of sheets Wuod Pole Nmmt• l Clect roller. FF 0 $3.33/17F Cny,inci.ring 1'1a11 Cltc`l:.c an11 111,,IwcLIon Cost of Public l till, rr) vcu(otits 107. or rlr.L $100,000 •. 10,000.O() li : of $ 100,000- $201),OOt) - -- T6;01)01.00 — 7: of over $2t)O.0Ut) — 1[I - -,I r ba:� on n.lu.tl cu:t.) (Sub]oct to Omni. Sturm Development Fee Aren "A" $1,957.35/Acre Area 19A -1" $3,901.11() /Acre Area "B" $ 1 ,911./1'),'Ac re Area "C" $3,122.34 /Acre Area "D" $ 1 ,93x).61 /Acn! Area "Lee $1,453-99/Acre Au-!a "Fee $: ,694.'N/Ac11. AreJ "q" ; 2,449.6'/Acrr_ A(-r,-4 (1 i /A1-ro 100- 2600 -3- 61)''.'00 2,77() .(10 $ 1711 MO In1.79 By 111•vi-1111rr 100 - 2600 -1- 600112 5 51),2 11.01) 220 - 2610 -3- 630200 220 - 2640 -3- 6110201 221-2641-3-010200 222-2612 -3- 080200 2.21 - 2641-3 -61)(1200 2214- 26!11 -3- 6-30200 225 -26 4 ;..7 -6n0 O0 226- 2646 -3 -6 "0200 $ 2 731 .79 $ /I I, . 146.1I r"O J 17 ,n56.n/1 a S J J CI i, 7 1)I' 1i1I, I)i'.�...I.�)i'�li:�ll• 1.11'.1• .Ili.l)lil.i. I),1�,,...- 1-�2r1-l17 .. fill :.ocaLI..: o r'tl,.•rL r:lilr c,r I.,1 iw 1) 1-Ivn, lino rnor. wr•or of I�an1 ;t T�`r�•r1;t II#m I( -vnrd Assess-)r .: ti-: !1 Ilu. 1141 - ?.0- 1111: 7)1'1 -71 OOI F. 002 Name of APi, l l cant 'I ho I'lrallrt f; rn(1l, (I'1lnno i 1 f ) AJJres , .1')711 'I'Itr Alnnlr�l:1, x(111 r 7050 rnn Anrn, CA 95176 Tyl.e or Dove! 11)pin ant Pt',11 w;,:d li(`rt blow. I n 1 Aren 9.3027 Aaron r �Lorm Drain Area II Street Frcmta ;- n/n SI >cclal Public Works Sorvices Nall Chock Final halls $300.QO i- -',I),O1) /Lnf. P )reel lla;r.t $ 175.01) 1- $')1 .00/ 1'1L /In num1W17 n[ 1oLy 1119cellam -o x1 ] it),.hworin)k ^,rrvlr.en n lwl)r.( x $ 1.00/11r PublLe Work;) 111. rnrlluling (ital►, nntl I'lanr {) I - 6 sheets $ 1 12.53 F 7 -12 sltltntg $ 143.79 + 11.0 ) /s11cet 13 -13 s1lcets $)15.(15 ( $S.00 /nll��ut n number of sheets Wuod Pole Nmmt• l Clect roller. FF 0 $3.33/17F Cny,inci.ring 1'1a11 Cltc`l:.c an11 111,,IwcLIon Cost of Public l till, rr) vcu(otits 107. or rlr.L $100,000 •. 10,000.O() li : of $ 100,000- $201),OOt) - -- T6;01)01.00 — 7: of over $2t)O.0Ut) — 1[I - -,I r ba:� on n.lu.tl cu:t.) (Sub]oct to Omni. Sturm Development Fee Aren "A" $1,957.35/Acre Area 19A -1" $3,901.11() /Acre Area "B" $ 1 ,911./1'),'Ac re Area "C" $3,122.34 /Acre Area "D" $ 1 ,93x).61 /Acn! Area "Lee $1,453-99/Acre Au-!a "Fee $: ,694.'N/Ac11. AreJ "q" ; 2,449.6'/Acrr_ A(-r,-4 (1 i /A1-ro 100- 2600 -3- 61)''.'00 2,77() .(10 $ 1711 MO In1.79 By 111•vi-1111rr 100 - 2600 -1- 600112 5 51),2 11.01) 220 - 2610 -3- 630200 220 - 2640 -3- 6110201 221-2641-3-010200 222-2612 -3- 080200 2.21 - 2641-3 -61)(1200 2214- 26!11 -3- 6-30200 225 -26 4 ;..7 -6n0 O0 226- 2646 -3 -6 "0200 $ 2 731 .79 $ /I I, . 146.1I r"O J 17 ,n56.n/1 a S J J i�C�►,ll 1 �,.�1, x.1,.11' ;; !•. 1'lcll k1 l aillo o: r 230 -2616 -3 -6.33 W1) S Ily Ilvvelopor FF Q5 FF S�*wer - inch Jlanmter 230 -2636 3-61105t)I) lly I)nvr•1r,1►nr FF @$ FF SL7. t Iinpruveinents 230- 2636-3 - 680600 $ Ity Devv], %por Pavement SF e $ /SF - $ By Dov►•loper Curb S gutter 17F @ $12.00 1FF - $ By Dovvlopor Sidewalk SF @ $ 3.70 /SF - $ fly Dvvoloper Gat. Pole LIoetroller f. ConJu l t FF @ 11 .33 /Fl. r $ Ity I)vvv 1 opr r Fire Ilydrai►t Re l�l�•,it l'l' (? J 2 .7 )/ l l' r $ lty I)vvv 111111 r C►mm Ind. FI' @ $ 3.61 /F1' � $ n /,t Storm Drain - Biel► dlamoLer 230 - 2636 -3- 6110700 $ 117 1)►•v►•l►'rrvr FF@ $ /FF Sewer Development Fee 705- 2662 -3- 671000 $ w /111,11; Permlr 4f1 Units @ $900.00 /Utilt (Res) Cale. @ :3110.00/ 100 Cl'D (Comm /Ind) Water Development Fee 725- 2772 -3- 695000 $ SI ,r,nn -nn 49 Units @ $1.075.00 /Uult (Rev) Cals. 11 $1,123-00/1000 CI'I) peak (Cuunn /In,l) Cotistructloll Water 720 - 0433 -3- 690000 2410 FF @ $0.67 1FF + 9.3077 Acres @ $43.19 /Acre I-e Ilydr;tnt l.oc:►tlMn Fee, 7Z0- 0433- 3- 092000 $33.11 for the first 5 hydrants +$ 3.31 for each addltlunal hydrant rubllc Works Ca :h Bonds and Deposits 801- 26110 -3- 6110000 Other Oilier TOTAL DUE Ci t 7.016.411 11,.47. $ 799 , ,on.nn A 117.5117.Wo NOTE: All deferred and /or e:;tlul.ILed rees'wlll be adjusted Co the rates in effect at -the" Limn bulldlnl; ret•u)LCs nre lasued. llot included in total. Acr.•I,r.�•1 I,y�_ � Date: � 27� �',