Overland Enterprises - PDA No. 85-59•Susr,,ne E. Steinmetz,City Cle:
City of Gilroy ^�
7351 Rosanna St. \
Gilroy, CA 95020
X51 %,,;.�
I.., ,�,.+ ^•. I'T;;::cIO ";S r;��, ;•;TL'R I)1STi'.TU!.'TI r'; c?} "FTF�":S:
IMPROVE'1ENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
N C5
0 F1 -E per GC See. 6103
r- r�OPERTY DEVELOPMENT AGREEMENT
RES'DENTIAL
J519PAGE1333
1•io. 85 -59
This agreement made and entered into this day of
i9 by and between the City of Gilroy, a municipal corporation, herein called the
"City" and OVERLAND ENTERPRISES, INC. 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 ind called:
Tract No. 7638 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 oreration of
such utilities and public service facilities after acceptance by City, a_nc 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:
gFCTION 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 Cite of
Gilroy (including but not limited to Chapters 12A, 19, :0, 21 Rcs. 85 -9 and 76 -47,
thereof pertaining to local improvemer. *_ procedures in subdivision or development
respectfully): Ordinance No. 83 -15 (Zoning Ord.): Resolution 85 -5 (1982 Uniform
building Code): Rules aid R•: ^.:lations. 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 agree
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.
w
b. To grant to the City without charge, free and clear of
encumbrances, any and all stipulated easemen_s and rights of way
in and to his said real proper�y 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 :,ny utility, public facility or other
material or installation of the City on said real estate which
the Developer or any _ontractor or subcontractor of the
Developer, or any employee thereof, shall do in grading or working
upon sai(; real estate.
-I -
J519PAGE1334
d. To construct rim(? imprrove :Ill pi:t,lic works facilities and other
improvements as set cut herein, according to the standards
heretofore est al) 11shpd, and according to the h >rrldE•s, plans and
spec1f1C2t1C`nS thele!`f, ail aS 2pprOVE'd hV t11P �,1t1' I'.r!pi Tie er 2 "<�
shall furnish twe (_') good :Ind suf fici,,nt hen.ds. Cane shall he
executed in the f2ce amount e' no loss than S 47.S,660.00 111Z j539.00
the ether shall he executed in. .111 a.rc'::et no less tnar. 5C;,, of ttie
above riler!tll)Ced hoed and shall sec,lie pa\1itlellt to tlP cCntrwter,
his S,1hCUnCrAcLovs and to persorls renting 1 E11I1 rl1Ent or furl?l�h1P.g
iahCr Or m3ter121S tC them Iur the I Ill prOv rilerli hPr ndPr,
2nd as ptevided for in Sectiun 4200 -4210 oC the Government Cede
of the State of California the Codes, Orainnnces, Resolutions,
and Reg1:12tiorns of thc' Cite, and this of E,ement.
The faithful perEurm.,ncc bond hereinabove provided for, shall by 'Cho
terms remain in full force aI(l effect for a heried of one M year after
the completion and acceptance of said work, tc guar2ntee the rep,-,)r and
replacement of dE'fec_tive materiel -111d faulty worknlanship.
In lieu o'f
said faithful
I�erformance bond f e r rin ntPnnnce, the
Developer mr:t•
furrnish a mainten2ec(l
bond in the 2mc -uut of i'),� of the
total contract
price (with
mirtirnl-1
amount of one tt:ous2 ^.d d o I tars
1,000.00) to
cover the c':le
( i ) v,:Ir
r;a_inte:?an.ce period.
e, That .;po;: ppreval of the final rrla.p of the
r' ✓�y or the building h�,t c•c'verin the
and before anv work. is done theToi,l tle Il
all sums, shown in Section 8 there Oi t:' re
previsions of this a)reeme11 t.
SE :CT10�7 3
;:hd i ✓ision, the record " e f
real rstate to be irinr _vcd
,veloper shal l pa.v t< the Ciry
due under the terms Ind
That 2' 1 sums shown herein to bF, pay2 le by t! Developer to the City are c ?. -:e
and p2yali1 y to the Ciry t:pen the execution of this roen:ent.
SFr'.r f P Z,
That all the revisions of t:is a regiment 2nd al'_ wort, to be done
1' � I1L'rSUr:;lt to
tt!e terrls of this agreement are to be coln.pleted within one year from and ;ifter the
d•.te and Vear .irst a.bcve Written.
SFr'T1nN 5
Ihat the speci.zl provisions conceri.ir.} the pnrticul2r real stnte rPf� rr.'i to
above, beii 2t
ii t - ciIk J hereto' arc I T i,v inc(211, l(e,l 1 c I n and expressl_ m.1;ic, :a
part C th11S ap *E'c'ri.erlt
S F C T 1 ON 0
That the falthf;:l .1nd puerrlit performal ?ce by the Developer of each nd e'.ery terra
anc COndIt1C? Contal!) "d herell, is made nn express coCdlticn precedent to the ,iL'tV Of
tn. Citt to perform 2 act in cc'nnectir with this "!ansaction, and the f- ailur.
neglect or ref�.:s: of tt hrvelepeI to sC perform, c tc nav any m_I%iics due hlere;:nder
when due shall r• :ease the City from any and all oh'.i1�.ntions hereundPr anal thn
its election m:ly e11 ft'rce the pr'I1 1T1l:lncr, c,f .1nv 1,1 1;ir:n herein, or .111 \1 righ�r
accrui ., to the Ci or r:2\1 pursue any Ie,llW V khat., mnv h:,ve till <+Pr too laws of
Lhe cf Ca iifo 11 c the C:ocies, ordinances, R(•sc.lut s of the Cite in thl event
by Developer.
SG.
that t:is -
tleemeIIt tC, 11eI tai ti the attnche'd stipulnti0ns, is an i" ^c t
of •ctir.c he title ur possession of the real property described in F,:h: it A 1
tl �. terr:s, cove:lal'.ts a ",� conditions i, "rein imposed sh211 he bindil:7 upon and in,II e t '
t benefit of the s,:7cessors in int - es•. of 1)e,, eIope, upon the sale or c_•✓isIcn of
the ,-ropettt• described in Exhibit A, the terms of this agreement sh ll nppl: separatel'
to etch par -cc' _ !d the Developer of e :eh parcel shall succeed to the obl1p:,tions
impo. ed on Develc per 1 ,%, t i, npreemr r-, .
J519PAGE1335
SFC, IW; 8
That the followinP. are th( VStim:3tr•d a�nc,:uts of costs to he borne by the rospec-
ti•.�e parties hereto, and ._ is further ::nderstoo_1 and agreed that said amounts ar('
estimated only and are subject to final dFq erminatien ur,ern comp IEtion of the were -
.
FACI L.I Li f)f:A'r:l,l)PM(. "; 1 COST
Fnpinee. rin(, "tar Checks
a) Subdi,isions S19 + c3 2 7.00
Parcel Splits 583.(() + S3.O0 /lel:
29 number .,f lets
h) MliscF'i la71('OUs I.'lr !?F'f 1 tnP c. t•r r.'' C -, n n
-3-
lIeur.s x S3i.[�(1!ht
c)
Public Verks "_icrofIIP)
S
50.00 + 15.00
10 sheets x 5.0�?isheet
+ 3 sheet:
d)
kood PcIF' "',CUnt('(i i',iF!CtreilE'r
�
n/a
FF i= $ >.0P FF
e)
Fn.2irneeriep Plan Checl; and Inspection
"0,933.00 + 5,577.00
5% of the Cost of Public Imprc,en:o!lts
410,6.50.00 + 111,533.00
f)
Storm hovel pment i eF'S
S
1 , 993. 0
12.45 Acres 2 S 1640.00 �20 , x13.00
(See Ca1c. Sheet)
Acres ` ir.crE
g)
Front Foct mater Fee
S
By DeVelOiDer
I' F `c $ /FF
n)
Frent Foo- Sewer Fee
S
By Developef
FF R S /FF
{
By ^•- elo -Der
1nc:-,des pavement, each S ) ittc'r ,
sidewalk electro s, fire
hydrants• e, c. ;See cost ScheduI -
for b-.
j)
Front Foot Storm I)r-n:n Fee
$
By Developer
FF 0 S /FF
-3-
I
J 519PAGE1336
k Df-.,elepnif•zit Fcr, 23,625. 00
29 l'!1 0
1) Cen.stnlct ion hater 1, 579. 00
2846 1, F 0/ F F + 72 A c Fes
m) F i r e I I%'(! r RII t 1,0c, 1 t i on Fee
$3i.00 for first IIve r;l; lt:
+ 3.00 f o r each additicaal
6 11 YdF '3 !Its
11 ) Sewer De %,(, 1c, Fee
1 ? $908 & 28 w./B I cd Permits
c' I is ".:(, r k F C. s I I }fonds and
u s i t s
S 34 . 00
900.00
p) Ot tie r S 18.00
3 M 11 a 2: s
TOTAL DUE CITY c 49,665.00 + 6, 592. 00
IN WIT!;FSS MIERu, said parties h,-ive caused these presents to be executed
the d-te and \,e,2r first above
ATTEST
v
FOR
ty J/
CITY OF GILROY
OVERLAND ENTERPRISES, INC .
N(-)TE If DeveloF, is .1 C (I I [,(, r'l t 1 01, 1- c " wp 1 c t h
cOrporat l(•ii and the cor !"'r 'I
Shall appear . I - f the . pcl!:' for the co,
w
r
r
X
JV
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�a
n
CAT. NO. 7
21945 CA CA (1— (1 -83)
TO J
TICOR TITLE INSURANCE
(Corporation)
OF CALIFORNIA
519 PAGE 1337
STATE. SS
}
COUNTY OF Santa Clara
s
September 23, 1985 before me, the undersigned, a Notary Public in and for
On
said State, personally appeared Larry
J. Willard
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
President, and Gary E Walton
personally known to me or
proved to me on the basis of satisfactory evidence to be
tj a person W o executed the within instrument as the
Vice President SatXQMV of the Corporation
that executed the within instrument and acknowledged
to me that h corporation execu ed the within instru-
ment puts an to its by-laws or resolution
board of di c rs. `
WITNESS y and and official seal.
(This area for official notarial seal)
Signature
Mona Loqudice
51T&
J 519 PAGE 1338�
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EXHIBIT A
OVERLAND PROPERTIES, INC.
TRACT NO. 7638
STIPULATIONS
OVERLAND PROPERTIES, INC. J 5 1 PAGE 1339
TRACT NO. 7b38
1. Developer acknowledges that he is responsible to obtain all water, sewer
and storm drain easements.
L. 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.
lSee Calculation Sheet)
5. Developer will be reimbursed for off -site sanitary sewer at the time of
the development of adjacent parcels, between this— sitt.-e --anti Santa Te-c --
Bot2jever4. and for oversizing at the time of acceptance of the main.
(See Calculation Sheet)
b. 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.
1L. The aeveloper 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 rater main at the time of
development of adjacent parcels. (See Calculation Sheet)
J 519PAGE1340
i
14. Developer agrees to share in the cost of sewer and water mains in Santa
Teresa Boulevard with the developer of Tract No. 7636 at the ratio of 45%
for Tract No. 7638 and 55% for Tract No. 7636 and shaZZ 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
14eveZoping 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 $26,664 for the City's over-
sizing reimbursement for the 16" water main in Santa Teresa Boulevard.
This payment fulfills the City's oversizing obligation to this project for
water main and no subsequent payment will be made.
18. Subsequent reimbursement for oversizing will be made 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.
Accepted by: x �x"
Title: Mayor /
Date: October 16, 1985
CALCULATION SHEET J 5 1-9 PAGE 1 3 4 1
OVERLAND PROPERTIES, INC.
Tract No. 7b38
Storm Main Oversizin,�
18"
RCP
to
21"
RCP
400 LF
@
$ 5.00 /LF =
$
2,000.00
18"
RCP
to
24"
RCP
425
LF
@
$ 9.00 /LF =
$
3,825.00
18"
RCP
to
27"
RCP
225
LF
@
$11.00 /LF =
$
2,475.00
18"
RCP
to
30"
RCP
675
LF
@
$15.00 /LF =
$
10,125.00
12" DIP to 16" DIP
438 LF 0 510.50111- =
S
2,069.55
$
5, 789.55
S
18,425.00
18"
RCP
to
42"
RCP
216
LF
@
$38.00 1LF =
off' the ma :.
8,208.00
Wate- Main Oversizint
12" DI! to 16" LIP
490 LF 0 524.00 /LF =
$
26,633.00
Area Storm Fee
12.45 acres @ $1b40.00 /acre
$
20,418.00
Total Due
DeveZorer
$
6,215.00
1,993.00 (paid)
To be reimbursed when properties in the
8,208.0E
same storm drainage
zone (Area "B ") are
deveZoped and fees are coZZected.
Sever flair. Oyersizinc
12" DIP to 14" DIP
216 LF C $ 4.0 0 /LF =
$
864.00
12" DIP to 16" DIP
272 LF @ $10.50/LF =
$
,850.00
45%
12" DIP to 16" DIP
438 LF 0 510.50111- =
S
2,069.55
$
5, 789.55
T;;taZ Due
DeyeZope --
Tc be reimbursed at
the time of acceptance
off' the ma :.
Wate- Main Oversizint
12" DI! to 16" LIP
490 LF 0 524.00 /LF =
$
11,76C.00
45%
12" DIP to 16" DIP
1380 LF 0 $24.00 1LF =
$
:4,904.00
See S� ��itG�`�or. _
26 664.Cr
,
J 519 PAGE 1342 s5c.,-Gjs
FILED FOR REC,,F1j),
AT REQUEST OF
u h 9 33
F.- C
J519PAU1333