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Silicon Valley Development Corporation - PDA No. 86-12Susanne E.'Steinmetz,City Clerk City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 NO FEE per GC Sec. 6103 any PROPERTY DEVELOPMENT AGREEMENT RESIDENTIAL 894SG20 PILED f OR RCOORD AT fJeQUF.BT OF y 0"o 1JI JS S JS AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SY"NfIA CI ii'�A CWVNI1 f IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STO*AUR1!: 1':A3L DRAINS AND OTHER PUBLIC WORKS FACILITIESci;'Dt$6 -12 4 ' 5 This agreement made and entered into this 2nd day of September _ 19.86 °, by and between the City of Gilroy, a municipal corporation., herein'called the "City r and Silicon Valley Development Corporation 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 7 818 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 thd'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 8 4 5 PASE 752 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 $37 1 ,9 31.00 , 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 9 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. t 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 clue 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- 1 i J 845PAGE 753 CRrTTnN 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. SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY $ 75,152.50 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. t- BY BY DEVELOPER 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- 0 r t C ATTS Y BY BY DEVELOPER 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- 0 STATE OF CALIFORNIA ss. COUNTY OF SANTA CLARA On Au ust 27, 1986 before me, the undersigned, a Notary Public in and for said State, personally appeared Y THEOBALD H. RINGEL, JR. 9 known to me to with be the person whose name subscribed eXecuted thelsamestru- ment and acknowledged t:iat WITNESS my hand and official sea`_ `l 1 �01 ilr oy usanne E. Steinmetz, City Clerk, per GC Sec. 408145 CC Sec. 1181 ,yAa� c,CiyClerk County of Santa Clara are. °,z of calilornia par Civil Coda uc.118k (;ovsrnnwrit Cod$ Sec- 40811- s J 845PAGE 754 . t, 4 Stipulation Sheet J845PAGE 755 ADDITIONAL TERMS AND STIPULATIONS TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SILICON VALLEY DEV. CORP. DATED September 2,1986 1. The developer agrees to dedicate a permanent storm overflow easement across lot 17 and will construct a wrought iron section in the sound wall to provide an outlet for storm water in excess of a 10 year design storm. 2. The developer agrees to pay for the cost of a 12 inch water main along his Santa Teresa property frontage and will be elgible for reimbursement when properties across Santa Teresa develop. 3. The developer is also elgible for future reimbursements in the Northwest Quadrant Sewer participation agreement. 4. The developer has received credit for additional sewer piping to eliminate the Delta Drive lift station and no additional payments will be made. 5. The developer agrees to provide safety improvements on Santa Teresa as required by the City of Gilroy. 6. The developer agrees he is responsible to mitigate problems with the drainage swale along his northerly property line. All costs to preserve or relocate the existing drainage will be born by the developer. 7. The developer agrees no units will be occupied until all work in the public right of way is complete. SIGNED B 1 J845PAGE 756 CITY OF GILROY No. R6 -12 DEVELOPMENT COST SCHEDULE Date 6/17/86 Initialed NSA /JBL Location of Property Northwest Corner of Santa Teresa Boulevard and Mantelli Drive Assessor's Parcel # 783 -21 -007 Name of Applicant Silicon Valley Development Corporation Address 2328 Walsh. Suite C Santa Clara, Ca. 95061 Type of Development Proposed Residential Tract Area 9.3436 Acres Storm Drain Area R Street Frontage 566 on Mantelli and 846.1 3 nn Santa TPrPRa Raill PVard Special Public Works Services Engineering Map Check Subdivisions $190.00 + $3.00 /lot Parcel Splits $83.00 + $3.00 /lot 45 number of lots Miscellaneous Engineering Service 9 hours x $32.55/hr Public Works Microfilming (Maps and Plans) 8 sheets x $5.00 /sheet Wood Pole Mounted Electrolier 01- 100 -1100- 600400 $ 651q-()O Paid (329.00) $ 325.00 x $ 293.00 $ 40.00 $ N/A FF @ $5.25/FF Engineering Plan Check and Inspection 01- 100 - 1100 - 600412 $ 18,59 7.00 5% of the Cost of Public Improvements Paid (9,298.50) 2 z 9s 5% x $ 371,931.60 = * Subject to charge based on actual cost. Submit Bids for confirmation Storm Development Fee Area "A" $1,868.00 /Acre 02- 220 - 1300 - 720200 $ Area "A -1" $3,716.00 /Acre Area "B" $1,656.00 /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" $2,333.00 /Acre 9. 3436 Acres @$ 1656. 00 /Acre Acres @$ /Acre 02- 220 - 1300 - 720201 $ 02- 221 - 1300 - 720200 02- 222 - 1300 - 720200 02- 223 - 1300 - 720200 $ 1-9047 -1 _00 $Paid (7,731.50) $ 02- 224 - 1300 - 720200 $ 02 -225- 1300 - 720200 02- 226 - 1300 - 720200 $ J845PA6E 75T Front Foot Charges Water 02- 230 - 1300 - 720400 $ 32,0 16.00 (1611) 846.13 (Use 12 :)28.35 = 23,987.79 (10,012.00)Paid (12 ") 566.15 FF @$ 14.18 /FF = 8,028.00 Sewer 02- 230 - 1300 - 720500 $ 18 ,135.00 (1011) 702 20.61 = 14,468.22 _ (8,,;880.50 )Paid ( 811 ) 396 FF @$ 9.26 /FF = 3,666.96 Street Improvements 02- 230 - 1300 - 720600 $ n /a (13,622.50)Paid Pavement SF @ $ /SF - $ n/a Curb & Gutter FF @ $11.41 /FF - $By Developer Sidewalk SF @ $ 3.27/SF = $By Developer Gal. Pole Electrolier & Conduit FF @ $ 5.25/FF - $ By Developer Fire Hydrant Resident FF @ $ 2.67/FF = $ By Developer Comm & Ind. FF @ $ 2.99/FF = $ n /a Storm Drain See Calculation Sheet 02 -230- 1300 - 720700 $ 45,683.00 (22,364.00)Paid FF @$ /FF Sewer Development Fee 07- 705- 1300 - 720100 $ W /Bldg Permit 45 units @ $908 /unit = $40,860.00 Water Development Fee 07- 725 - 1300 - 720300 $ 39.640.00 45 Units @ $880.88 /Unit (19 , 820.00) Paid Gals. @ $918.17/1000 GPD peak Construction Water 07- 720 - 1900 - 800100 $ 2,206.00 3,654 FF @ $0.55/FF + 9.3436 Acres @ $21.00 /Acre (1,103.00)Paid Fire Hydrant Location Fee 07- 720 -1900- 800300 $ '31 _nn $31.00 for the first 5 hydrants (15.50) Paid +$ 3.00 for each additional hydrant Public Works Cash Bonds and Deposits 08- 800 -1100- 600400 $ 557,897.00** Other See Calculation Sheet 02- 230 - 1300 - 720500 $ ( -) 8,220.00 Credited (- )4,110.00 TOTAL DUE CITY $ 164,219.00 Paid 89,066.50 Balance Due $ 75,152.50 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. Accer Date: -2- CALCULATION SHEET J 845pAI 758 Ctnrm llrmi n E 1/2 -24" on Santa Teresa 846' @ 16.07 = $13,595.22 1/2 -24" on Mantelli 195' @ 16.07 = 3,133.65 24" on By Tree Drive 727' @ 32.12 = 23,351.24 1/2 -18" on Mantelli 366' @ 15.31 = 5,603.46 $45,683.46 Credit for Lift Station By -Pass 8" UCP 271' @ 20.00 = $ 5,420.00 S.S.M.H. 2 @ 1,400.00 = 2,800.00 $ 8,220.00