Overland Enterprises - PDA No. 86-35Susanne E. Steinmetz,City Clerk NO FEE per GC Sec 6103
City of Gilroy
E 7351 Rosanna St . J r�+� J AT 1',.ti`. ' OF
Gilroy, CA 95020
g
u� .� PROPERTY DEVELOPMENT AGREEMENT
l�Jfa►7 ��i %�'1��� RESIDENTIAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 86-35
This agreement made and entered into this 7th day of __1111
1986 , 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 and called:
Tract 7851
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
performed by the Developer in each
Ordinances and other Regulations.
8HSGS95
required by the City to be
and every one of said Codes,
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.
PACE
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 $ 242 715. 00 , and
the other shall be executed in an amount no less tl�aio 5O'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 9 thereof to be due under the terms and
provisions of this agreement.
SE tnN T
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.
I
SECTION 5
That the special provisions concOtning 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 heteunder
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 teal property described in Exhibit A. 1111
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 desctibed 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-
63
PAGE 237
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 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 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
$ 22,745.50
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
a
ATT9ST A
City Clerk
FORM PR V D:
ty Attorney
BY
BY
DATE 2-
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 ss.
COUNTY OF SANTA CLARA
On July 2, 1986 before me, the undersigned,
a Notary Public in and for said State, personally appeared
LARRY WILLARD 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.
0
usanne E. Steinmetz, Ci y Clerk, Cite Gilroy
per GC Sec. 40814; CC Sec. 1181 U
t 63PAGE 238
J '63 ?AGE 23,9
ADDITIONAL TERMS AND STIPULATIONS
TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND OVERLAND ENTERPRISES DATED JULY 7, 1986
FOR TRACT 7851
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.
Z. The Developer also acknowledges he is a participant in the Interim
Drainage Project which was designed to carry storm drainage water from this
development. Since the storms of 1986, problems have developed which
require additional study, and corrections may be necessary before the
Interim System is sufficient to drain vour project. 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 the study and corrections to the
system.
The developer acknowledges he has received credits for oversizing the
onsite storm drainage system in lieu of area drainage fees, as outlined in
the cost schedule.
4. Oversizing payments for offsite sewer and water mains were made on
behalf of the developer to the contractor as stipulated in your development
agreement for Tract 788.
5. The developer is elgible for additional reimbursements when adjacent
properties develop across Santa Teresa along the property frontage, and
south to Mantelli Drive.
Signed by __
PAGE
Stipulation Sheet
ADDITIONAL TERMS AND STIPULATIONS
BETWEEN THE CITY AND OVERLAND ENTERPRISES DATED JULY 7, 1986
6. The developer agrees to provide a permanent storm overflow easement over
and across the present emergency access road. An approved wrought iron gate
will be installed across the access opening. A sign shall be installed in
view of all prospective buyers advising them that the access will be closed
after all units have been sold. All buyers will be notified of the closure
at the time of sale.
7 The developer has proposed custom street light standards on the private
street. All custom lighting will equal City standard lighting levels.
8 The developer agrees he is responsible to mitigate problems with the
existing drainage Swale along his southerly property line. All costs to
preserve or relocate the existing condition shall be born by the developer.
9. The developer agrees no units shall receive occupancy permits until all
work. in the public right of way is completed.
SIGNED
AS -BUILT
CALCULATION SHEET
OVERLAND ENTERPRISES
Tract No. 7638, 7834 & 7851
Storm Main Oversizing
18"
RCP
to
21"
RCP
18"
RCP
to
24"
RCP
18"
RCP
to
27"
RCP
18"
RCP
to
30"
RCP
18" RCP to 42" RCP
24" RCP to 30" RCP
389 LF @ $ 5.00 /LF
399 LF @ $ 9.00 /LF
219 LF @ $11.00 /LF
668 LF @ $15.00 /LF
214 LF @ $38.00 /LF
273 LF @ $ 5.04 /LF
Area Storm Fee (Credited to oversizing)
12.4561 acres @ $1640.00 /acre
1.233 acres @ $1656.00 /acre (Garcia Lot)
Storm Balance Due Developer
To be reimbursed when properties in the
same storm drainage zone (Area "B ") are
developed and fees are collected.
Overpayment of Storm Fees
Sewer Main Oversizing
12" DIP to 14" DIP 216 LF @ $ 4.00 /LF
12" DIP to 16" DIP 272 LF @ $10.50 /LF
451 12" DIP to 16" DIP 433 LF @ $10.50 /LF
Reimbursement Due Developer
To be reimbursed at the time of acceptance.
Storm Balance
Overpayment of Storm Fees
Sewer Main Oversizing
Water Main Oversizing
Paid by City. See Stipulation 17 of
Agreement 85 -59, Tract No. 7638.
GtIPAGE ti �
$ 1,945.00
= 3,591.00
2,409.00
10,020.00
$ 17,965.00
= 8,132.00
1,376.00
$ 27,473.00
$ 20,428.00
2,042.00
$ 22,470.00
$ 5,003.00
$ 1,993.00
_ $ 864.00
= 2,856.00
2,045.90
$ 5,765.90
$ 5,003.00
1,993.UO
5,765.90
$ 12,761.90
Signed
Date
J l 6 3 r4ut
CITY OF GILROY No. 86 -35
DEVELOPMENT COST SCHEDULE Date 6/13/86
Initialed J BI,
Location of Property East side of Santa Teresa Blvd. and approximately
1200 Feet north of 1mantc -1 1 i nri j;,e
Assessor's Parcel # 783 -021 -004 & 783 -021 -003
Name of Applicant Overland Enterprises
Address 16195 South Monterey Street. Moraan Iii 1 1 , c,al i fnrnia 458, -7
Type of Development Proposed Subdivision, Residential, Single Family.
Area 4.75 Storm Drain
Area R
Street Frontage N/A
Special Public Works Services
Engineering Map Check
Subdivisions $190.00 + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
33 number of lots
Miscellaneous Engineering Service
8 hours x $32.55/hr
Public Works Microfilming (Maps and Plans)
6 sheets x $5.00 /sheet
Wood Pole Mounted Electrolier
FF @ $5.25/FF
Engineering Plan Check and Inspection
5% of the Cost of Public Improvements
5% x $ 242, 715.00
Storm Development Fee
Area "A" $1,868.00 /Acre
Area "A -1" $3 716.00 /Acre
Area
"B"
$1,654.00 /Acre
Area
"C"
$2,798.00 /Acre
Area
"D"
$1,788.00 /Acre
Area
"E"
$1,364.00 /Acre
Area
"F"
$2,424.00 /Acre
Area
"Q"
$2,333.00 /Acre
Acres
@$ /Acre
Acres
@$ /Acre
01 -100- 1100 - 600400 $ 579.00
Paid (207.00)
$ 289.00
$ 260.00
$ 30.00
$ n/a
01- 100 -1100- 600412 $ _12,136.00
Paid (5,616.50)
02- 220 - 1300 - 720200
02- 220 - 1300 - 720201
02- 221- 1300 - 720200
02- 222 - 1300 - 720200
02- 223 - 1300 - 720200
02- 224 - 1300 - 720200
$pd. by tract 7638
02- 225 -1300- 720200 $
02- 226 - 1300 - 720200 S
Front Foot Charges
Water
FF @$ /FF
Sewer
1'6,t PUGE 243
02- 230 -1300- 720400 $ by developer _
02- 230 - 1300 - 720500 $ by developer
FF @$ /FF
Street Improvements 02- 230 - 1300 - 720600
Pavement SF @ $ /SF = $ by developer
Curb 6 Gutter FF @ $11.41 /FF = $ by developer
Sidewalk SF @ $ 3.27/SF = $ by developer
Gal. Pole
Electrolier
6 Conduit
Fire Hydrant
Resident
Comm & Ind. —
Storm Drain
FF @ $ 5.25/FF - $ by developer
FF @ $ 2.67/FF = $ by developer
FF @ $ 2.99/FF = $ n/a
02- 230 - 1300 - 720700 $ by developer
FF @$ /FF
Sewer Development Fee
33 units @ $908 = $29,964.00
Water Development Fee
33 Units @ $880.88 /Unit
Gals. @ $918.17/1000 GPD peak
07- 705 - 1300 - 720100 $ w /bldg. permit
07- 725- 1300 - 720300 $ 29,069.00
Paid (14,094.00)
Construction
Water
07- 720 - 1900 - 800100
$
381.00
511
FF @ $0.55/FF + 4. 7505 Acres
@ $21.00 /Acre
Paid
(190.50)
Fire Hydrant
Location Fee
07 -720- 1900 - 800300
$
31.00
Paid
(15.50)
$31.00
for the first 5 hydrants
+$ 3.00
for each additional hydrant
Public Works
Cash Bonds and Deposits
08- 800 - 1100 - 600400
$ 364,0
72.00
Other
* Not included in total TOTAL DUE CITY $ 42,066.00
PAID (19,450.50)
NET DUE $22,745.50
NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the
time Building Permits are issued.
Accepted by:
Date:
-2-
June 18, 1986
Mr. Scott Lafaver
Overland Enterprises
16195 Monterey Street
Morgan Hill, California 95037
62.v --
J ! 6 3PAGE 244
ke: APN 783 - 021 -004 & 783 -021 -003, Residential Development
Dear fir. Lafaver
Your off -site improvement plans and /or map have been reviewed by the Public
Works Department and are ready for final approval. Your on -site and building
plans will be reviewed separately. We have prepared the Development Agreement
and Development Cost Schedule for your project and are enclosing a copy of each.
in order to further process your project, the following checked items
must be submitted:
X 1. A copy of the Development Agreement signed by the owner and notorized.
The stipulation sheet, if present, must be signed also.
X 2. A copy of the Development Cost Schedule signed by the owner.
X 3. An acceptable bond for improvements in the public right -of -way (off -
site improvements). The following will satisfy the City's require-
ments:
a. A 1002 faithful performance bon
b. A cerificate of deposit or bank
the improvements to be drawable
approval or signature required.
C. A letter of credit guaranteeing
ments.
i and a 50 labor and material bond.
�
n o o
deposit in the amount of � ' . of
by the City of Gilroy without other
lien. -free completion of the improve-
Hsamples of acceptable bonds and letters of credit are attached. After
lien -free completion of the project, a maintenance bond in the amount of
10% of the total contract price (minimum bond amount is $1,000) of off -
site improvements is required to cover the one year maintenance period.
Specific questions on any of these should be directed to the City
Attorney-, Bruce Jacobs. He must approve all security prior to the
issuance of a permit or the commencement of construction.
T 4. Pavmen: for remaining Public works fees in the amount of $22,745.50
Buildinb fees must be paid at the time the building permit is issued.
June 18, 1986
Page 1'wo
it G f3PAGE 245
5. All deeds for dedication of right -of -way or easements.
6. A Certificate of Insurance will be required prior to commencement of
any construction. The certificate must name the City of Gilroy as an
"additional insured ", must be in the amount of One Million Dollars
($1,000,000) PL, must include Workers Compensation Insurance, and
must require notification of the City at least ten (10) days in
advance of cancellation.
When the above items are complete, the project will be recommended to the
City Council for approval.
After approval by the Council, tract or parcel maps (if a part of this
project) may be picked up oy the title company for recording. A copy of the
recorued map must be returned to the City Public Works Department prior to the
issuance of a building permit.
Thank you for your patience through this process. In the 1986 sewer
allocation there are 39 different projects which include 460 residential
units, 15 commercial buildings, and 10 industrial buildings.
Sincerely,
Richard L. Cox
Director of Public Works
RLC:kp