Loading...
Price, James - PDA No. 86-26Susanne E. Steinmetz,City Clerk -,{City of Gilroy NO FEE per GC Sec. 6103 1 7351 Rosanna St. Gilroy, CA 95020 PROPERTY DEVELOPMENT AGREEMENT RESIDENTIAL 8814057 J721PAGE S "6 AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 86 -2 6 This agreement made and entered into this 2nd day of June 1986 , by and between the City of Gilroy, a municipal corporation, herein called the "City'r and James R. Price, Trustee, Asco Profit Sharing, a real property owner developer or subdivider, herein called the "Developer". Plan 004 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. 7855, Parkside Townhouses 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. J '7 21 PAGE 857 J721PAGE 856 ' hZ-7 I-n ; Ll � L C� J721PAGE 856 J721Pa6t 858 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 $ 44,570. 00 , and the other shall be executed in an amount no less than 50% 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 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- J721 PAGE 859 CFl TTnN R 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. CFCTTnN 0 That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY 30,425.00 15,183.51 paid 4/01/86 $ 1-5,241.49 NEW DUE IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. 0 ATTI City Clerk. «,-F-am" PROVED: j City Attorney i CITY OF GILROY BY,.- A, "BY DATE 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 }ss. J 7 21 PAGE 860 OFFICIAL SEAL _ CONSTANCE R. IOBST may- NOTARY PUBLIC . CALIFURNIA SANTA CLARA COUNTY � My Commission Expires Aug. 10, 1989 On this 23 day of MAY in the year 19 —a6 before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES R. PRICE , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. i I I ACKNOWLEDGMENT — Corporation — WOlcotis Form 222CA X —Rev 582 Notary Public in and for said State. 1982 WOLCOTTS INC (price class 8 2) II J '7 21 PAor 861 STIPULATIONS PARKSIDE TOWNHOUSES, TRACT NO. 7855 Property Development Agreement No. 86 -26 1. The City of Gilroy and /or the Santa Clara Valley Water District are not responsible for the maintenance of, or any damage occuring to, the retaining wall and channel protection in the Storm Drainage Easement along the north property line. These improvements are to be maintained by the Townhouse Owners Association. This stipulation is to be included in the Conditions, Covenants and Restrictions of the Townhouse Owners Association. 2. The City of Gilroy will not inspect the work in the Storm Drainage Easement. It is our understanding that the Santa Clara Valley Water District will inspect this work. 3. All overhead utilities are to be placed underground and all utility poles removed prior to construction of the street. Accepted by; rte« Title: Date: CITY OF GILROY DEVELOPMENT COST SCHEDULE Location of Property Wren Avenue J'721PAGE 862 No. 86 -26 (REV Date 5/22/86 Initialed NSA Assessor's Parcel # 790 -26 -025 Name of Applicant Jim Price Address P.O. Box 1480, DIorgan Hill, CA 95037 Type of Development Proposed Town Homes R -3 Area 1.418 AC Storm Drain (B) Street Frontage 187.02' Special Public Works Services Engineering Map Check Subdivisions $190.00 + $3.00 /lot Parcel Splits $83.00 + $3.00 /lot 18 number of lots Miscellaneous Engineering Service 8 hours x $32.55/hr Public Works Microfilming (Maps and Plans) 10 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 57. x $ 44,570 Storm Development Fee Area "A" $1,868.00 /Acre Area "A -1" $3,716.00 /Acre 1,656.00 Area "B" $1,654:0-0 /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" $2,333.00 /Acre 1.418 Acres @$ 1,656 /Acre Acres @$ /Acre 01- 100 - 1100 - 600400 $ 554.00 (500 = 274.70) 244.00 E1 260.40 $ 50.00 $ n/a 01- 100 - 1100 - 600412 $ 2,228.00 (500 = 1,087.80) 02- 220 - 1300 - 720200 $ 02- 220 - 1300 - 720201 $ 02- 221 - 1300 - 720200 $ 2,348.00 (50% = 1,174.11) 02- 222 - 1300 - 720200 $ 02- 223 - 1300 - 720200 $ 02- 224 - 1300 - 720200 $ 02- 225 - 1300 - 720200 $ 02- 226 - 1300 - 720200 $ Front Foot Charges Water 187.02 FF @$ 14.18 /FF J 721PAGE 863 02- 230 - 1300 - 720400 $ 2,652.00 (500 = 1,325.97) Sewer 02- 230 - 1300 - 720500 $ 1,732.00 50% = 865.91) 187.02' FF @$ 9.26 /FF Street Improvements 07- 725 - 1300 - 720300 $ 15,856.00 18 02- 230 - 1300 - 720600 Pavement SF @ $ /SF = $ by developer Curb & Gutter FF @ $11.41 /FF - $ by developer Sidewalk SF @ $ 3.27/SF = $ by developer Gal. Pole (50% = 15.50) $31.00 for the first 5 hydrants +$ 3.00 for each additional hydrant Electrolier Public Works Cash Bonds and Deposits 08- 800 - 1100 - 600400 $ 66,855.00* & Conduit FF @ $ 5.25/FF = $ by developer Fire Hydrant $ 30,425. 0 0 z fees due 4/01/86 15,183.1,1 (paid) Resident FF @ $ 2.67/FF = $ by developer Comm & Ind. Storm Drain 36" 187.02' FF @$ 26.15 Sewer Development Fee $ -0- FF @ $ 2.99/FF $ n/a 02- 230 - 1300 - 720700 $ 4,891. 00 (50% _ 2,445.29) /FF 07 -705- 1300 - 720100 $ by bldg. dept. I Water Development Fee 07- 725 - 1300 - 720300 $ 15,856.00 18 (50% = 7,927.92) Units @ $880.88 /Unit Gals. @ $918.17/1000 GPD peak Construction Water 07- 720 - 1900 - 800100 $ 133 .0 0 137.02' FF @ $0.55/FF + 1.418 Acres @ $21.00 /Acre (500 = 66.32) Fire Hydrant Location Fee 07- 720 - 1900 - 800300 $ 31.00 (50% = 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 $ 66,855.00* n/a Other $ TOTAL DUE CITY $ 30,425. 0 0 z fees due 4/01/86 15,183.1,1 (paid) DIET DUE 15,241.49 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 Accepted byy Date: -2-