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Old Orchard Company - PDA No. 86-36n! �0 8922882 PROPERTY DEVELOPMENT AGREEMENT RESIDENTIAL Y REC FEE RMF MICRO LM LIEN NOT SMPF PCOR AUG 2 8 1986 deer j r 4 (� �.. s5 1' ii aI 1111i>,. (' L AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEM& �Ltr CCO `� `y ¢IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STO LAURIE AN g ds dSaA4a6DRAINS AND OTHER PUBLIC WORKS FACILITIES N� 9 V e'Cl , CCL q V��0 This agreement made and entered into this 18th day of August 19 86 , by and between the City of Gilroy, a municipal corporation, herein called the "City== and The.Old Orchard Company (Ben assi) 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: Tract No. 7873 - Parcel No. 2 A portion of APN 808 -01 -008 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 1. 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- C- m 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 $655,407.00 , and the other shall be executed in an amount no less than 500% 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 1 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- J824Pa6E 967 SECTION 8 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 roperly 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. SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY $ 43,590.00 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. S. ATTEST• City Clerk FORM APPROYRD Acting` City Attorney CITY OF GILROY Mayor Protempore ty DEVELOP BY 7- BY DATE Aer-u I A94 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 J 824PAGE 96.8 On Aa, os/ ,; _, /��Y6 before me, the undersigned, a Notary Public in and fo-i- said Sa to Clara County and State, personally appeared known to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and know to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same WITNESS my hand and official seal. Ec OFFICI AL SEA]1927 JUDY DIAZ NOTARY PUBLIC - CALIFPl} 11C SANTA CLARA COUN My comm. expires OCT My Commission Expires: -' ,,,, I ;, T ADDITIONAL TERMS AND STIPULATIONS TO THE DEVELOPMENT BETWEEN THECITY AND N AGREEMENT JOHNSON ROSE CORP j 8 2 4 P . . aGE 96g 1. 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 defeciencies 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 acknowledges his responsibility to develop and improve the property as submitted for Tenative Map approval. All terms and conditions stipulated in City of Gilroy Resolution No. 86 -26, City of Gilroy Subdivision Ordinances and Specifications shall govern the development of the approved project. 3. The Developer agrees to dedicate and improve all Street Right of Ways as shown on the Improvement Plans for Tract 7873. The cost of all easements, right of way, or access shall be born soley by the Developer. 4. The Developer agrees to provide improved secondary access by connecting Third Street to Santa Teresa. All offsite dedications and improvements required for this connection shall be completed by the developer at no cost to the City. 5. The Developer also agrees to provide the City of Gilroy the dedication of the Uvas Park Drive Right.of Way and furnish a deferred improvement agreement for the improvement of Uvas Park Drive from third Street to Laurel Drive. 6. The Developer agrees to dedicate all remaining property southerly of the Uvas Park Drive to the Santa Clara County Water District. This property is in the Flood Way and is not usable for any type of development. T b G c7 o � CV /,,1,/ y ,3y. .�' S I GNED DATED .�c.s: /yam /'9 Page 1 of 2 i State of California ) 8 County of Santa Clara ) 2 4 PAGE 970 j.. On before me, the undersigned, a Notary Public in CL f r said Santa Clara County and State, personally appeared S known to be the President, and -- known to me to be the Secretary of the corporation that executed the within instrument, and know to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same WITNESS my hand and official seal. Notar, , Purr is My Commission Expires: J OFFICIAL SEAL F . i 1 \ JUDY DIAZ I ac1� ,m NOTARY PUBLIC - CAL OR NIA SANTA CLARA COUNTY My comm. expires OCT 16, 1987 ,J 8 2 4 PAGE 971 ;: , . ADDITIONAL TERMS AND STIPULATIONS TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND JOHNSON ROSE CORP 7. The developer is elgible to receive reimbursements for street improvements, water, sewer and storm mains on Benassi Drive and partial reimbursement for costs to connect Third Street to Santa Teresa. The developer shall notify the city in writing of any waiver of rights to reimbursements. 8. The Developer shall provide adequate lighting at the connection of Third Street and Santa Teresa as required by County Transit. 9. The Developer agrees no units shall receive occupancy permits until all work in the public right of way is completed as shown on the approved improvement plans. 10. The Developer agrees to provide Subdivision Bonds or documents in lieu of bonds that have been approved by the City Attorney. 11. The Developer agrees to obtain signed right of entry, and and permission to begin improvements on adjacent properties. The developer shall also provide The City and adjacent owners Hold Harmless Agreements and coinsure their interest. 12. The Developer agrees to dedicate Lot 40 to the adjacent property owner and prepare the documents for the abandonment of the westerly lot line. SIGNED__ DATED I Page 2 of 2 State of California County of Santa Clara J824PAGE 972 ,; On 1)00'`, -i _ /jS& before me, the undersigned, a Notary Public in and f r said Santa Clara County and State, personally appeared known to be the President, and known to me to be the — Secretary of the corporation that executed the within instrument, and know to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same WITNESS my hand and official seal. Notar Pu is L. My Commission Expires: OFFICIAL SEAL JUDY DIAZ W NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY C/ My comm. expires OCT 16, 1997 CITY OF GILROY DEVELOPMENT COST SCHEDULE J 8 2 4 PAGE 973 Nd. ' 66 -36 Date 7 -16 -86 Initialed JBL Location of Property Southeast of Hecker Pass and approximately 1000 feet east of Santa Teresa Boulevard Assessor's Parcel # 808 -01 -008 Name of Applicant The Old Orchard Company PP (Also see Benassi) Address P.O. Box 207 , Morgan Hill, CA 95037 Type of Development Proposed Residential Area 9.7 acres Storm Drain Area "E" Street Frontage Special Public Works Services Engineering Map Check Subdivisions $190.00 + $3.00 /lot Parcel Splits $83.00 + $3.00 /lot 39 number of lots Miscellaneous Engineering Service 6 hours x $32.55/hr Public Works Microfilming (Maps and Plans) 8 sheets x $5.00 /sheet 01- 100 -1100- 600400 $ 307.00 $ 40.00 $ 542.00 (Paid - 238.50) Wood Pole Mounted Electrolier $ n/a FF @ $5.25/FF Engineering Plan Check and Inspection 01 -100 -1100- 600412 $ 33,309.00 (Paid - 14,828.50) 5% of the Cost of Public Improvements 5% x $655,407.00 Subject to Revision - Submit Final Bids Storm Development Fee Area "A" $1,868.00 /Acre 02- 220 -1300- 720200 $ Area "A -1" $3,716.00 /Acre 02- 220 - 1300 - 720201 $ area "B" $1,654.00 /Acre 02- 221 - 1300 - 720200 $ Area "C" $2,798.00 /Acre 02- 222 - 1300 - 720200 $ Area "D" $1,788.00 /Acre 02- 223 - 1300- 72C ^_00 $ Area "E" $1,364.00 /Acre 02- 224 - 1300 -72: "`D0 $ 13,231.00 (Paid - 6,615.50) Area "F" $2,424.00 /Acre 02- 225- 1300 - 720200 $ Area "Q" $2,333.00 /Acre 02- 226 - 1300 - 720200 $ Acres @$ /Acre Acres @$ /Acre Front Foot Charges Water FF @$ /FF Sewer FF @$ /FF Street Improvements J 8 2 4 PAGE 974 02- 230 - 1300 - 720400 $ By Developer 02- 230 - 1300 - 720500 $ By Developer 02- 230 - 1300 - 720600 $ By Developer Pavement SF @ $ /SF = $ Curb & Gutter FF @ $11.41 /FF = $ Sidewalk SF @ $ 3.27 /SF = $ Gal. Pole Electrolier & Conduit FF @ $ 5.25/FF = $ Fire Hydrant Resident FF @ $ 2.67/FF = $ Comm & Ind. FF @ $ 2.99/FF = $ Storm Drain 02- 230 -1300- 720700 FF @$ /FF C v- - • �_ Sewer Development Fee 07- 705 - 1300 - 720100 $ w /Bldg Permit 39 units @ $908.00 /unit = $35,412.00 Water Development Fee 07- 725 -1300- 720300 $ 34,354.00 (Paid - 17,177.00) 39 Units @ $880.88 /Unit Gals. @ $918.17/1000 GPD peak Construction Water 3060 FF @ $0.55/FF + 9.7 Fire Hydrant Location Fee $31.00 for the first 5 hydrants +$ 3.00 for each additional hydrant Public Works Cash Bonds and Deposits Other 07- 720 - 1900 - 800100 $ (Paid - Acres @ $21.00 /Acre 07- 720 -1900- 800300 $_ (Paid - 11 31.00 21.00) 08- 800 - 1100 - 600400 $ 983,110.00** TOTAL DUE CITY $ 83,354.00 PAID 39,764.00 BALANCE DUE $ 43,590.00 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. ?`fit CXX-) CWXA y 14 4 4/K Accepted by: X4044#-- Date: 46,0,%7- -2-