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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