Old Orchard Company - PDA No. 86-36n!
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8922882
PROPERTY DEVELOPMENT AGREEMENT
RESIDENTIAL Y
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AUG 2 8 1986
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(' 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�
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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.
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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.
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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.
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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
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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-
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