Barnett-Range CorporationPROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS;
IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STOR14
DRAINS AND OIHEK PUBLIC WORKS FACILITIES
May
agreement made an 4th d entered into this day of May
19 81_, by and between the City of Gilroy, a municipal corporation, herein called
the "City" and The Barnett -Range Corporatiun
. 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 No. 6663
and,
WHEREAS, the Developer requires certain utilities and public works facili-
ties 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
— ''ration 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:
crrrIAKI r
That all Codes, Ordinances, Resolutions, Rules and Regulations and
established policies of the City and the laws of the State of California concern-
ing the subject matter of this agreement are hereby referred to and incorporated
herein 'o the same effect +.raey were set out at length herein. Said Codes,
Ordinanc_a�t ard Reyulations irrc!ude, but are not 1imitcu', -,o, thy- following: the
Code of Lim- i.ity of Gilroy (including but not limited Li,, Cho! )'crs 12A, 19, 20, 21
Res. r6.4' r47, tfu_rec,t pertaining to local impC,,;�������,�. procedures in
subdiV (),P11 11_'-,!)CctiVely). Ordill,MCC Nl� ?Ibdivision Procedure,
etc.): Orc rn�,_ N4. Ord.). Orclita.,nce No. r,r '973 Uniform Building
Code) ?c !J i �i�.'WdCd i e u v t: the above refer'rt'cI
to Code(, , Otdlt[,tflti -`. `?i ",'_� .i!�> RCC►U� (.)1'4', anll it ',ms thereof, a5
amended t o the t i . , , c . • of t -xr c un of: t h i
CFrTION 2
The Developer agrees:
a. To perform each and every provision required by the City to be per-
formed by the Developer in each and every one of said Codes, Ordin-
ances 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,
electricity, 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.
d. To construct and Improve all public works facilities and other im-
provements 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 $746.430 , and shall guarantee the
faithfull performance of this agreement; one 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 improve-
ment 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.
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, except cost to be borne by the City, shown in Section
7 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 pur-
suant 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 re-
ferred to above, being attached hereto, are hereby incorporated herein and
expressly made a part of this agreement.
SECTION 6
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
-2-
obligations hervuF -J,,:r 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 or Regulations of the City, in the event of
any such default by Developer.
SECTION 7
That the following are the estimated amounts of costs to be borne by the
respective parties hereto, and it is further understood and agreed that said
amounts are estimated only land are subject to final determination upon comple-
tion of the work.
FACILITY
a) Engineering Map Checks
Subdivisions $167.00 + $2.50 (n)
Parcel Maps $ 70.00 + $2.50 (n)
n= Number of lots = 89
$167.00 + $2.50 (89)
b) Engineering Plan Check
and Inspection
4% x $ 746,430
c) Miscellaneous.Engineer
Service
No.of hours x $25.00
8 hrs x $25.00
d) Public Works Microfilming
$5 /Sheet (Maps and Plans)
$5.00 /sheet x 10 sheets
e) Fire Hydrant Location Fee
$25.00 for the first hydrants
+ 2.50 for each additional
9 hydrants
$25.00 + $2.50 (4)
f) Area Water Charge
18.2 Acres @ $ 1457 /Acre = $26,517
Acres @ $ /Acre
(See Calculation Sheet) - 519.600
-3-
DEVELOPMENT COST
$ 29,857
200.00•,
$ $50.00
$ 35.00
$ 6,917
g) Construction Water
4666 LF @ $0.30 /LF + 18,2 Acres @ $11.30 /Acre
h) Off -Site Storm Drainage
18.2 Acres @ $624 /Acre
Acres @ /Acre
i) Front Foot Water Fee
LF @ /LF
j) Front Foot Sewer Fee
-300 LF @ ,c8. aft — /LF
Q Front Foot Storm Drain Fee
LF @ AF
1) Street Paving
6800 SF @ $1.15 /SF
10 � wl`dth nn Mnnf -exoy "any
680 Feet of Frontage
m) Curb and Gutter
LF @ AF
n) Galvanized Pole Electroliers
LF @ $ AF
o) Electrolier Conduit
LF @ $ AF
-4-
$ 1,605
$ 11,357
D., n- -'l --- r
$ 10,400
$By Developer
t '7 07n
$ By Developer
$By Developer
pj Fire- Hycrants By Developer _
L +'r $ /LF
q) Utility Pole Mounted Electrolier
LF @ $ AF
r) Easements and Rights of Way
"On Site"
s) Easments and Rights of Way
"Off Site"
t) Other
$ -0-
$ 100%
$ 100%
DUE CITY BY DEVELOPER $ 68,631
DUE DEVELOPER BY CITY $ -0--
NET DUE CITY $ 68,631
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATT E S ).
City Clerk
FOR PPROVED
_ ///��1
DEVELOPER
DATE
NOTE: If Developer is a corporation, the complete legal name and corporate seal
of the corrora'tion and tjie corporate titles of the persons
-5-
STIPULATIONS
l.) 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.
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.) All fees shall be paid at the rates in effect at
time of payment.
5.) Before construction utilizing combustible materials may pro-
ceed, 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.
6.) The Developer will construct proper facilities to eliminate
erosion'during the Construction of this tract.
7.) The Developer agrees to dedicate and improve to City Stand-
ards all streets and public improvements as shown on tract
map and plans for Tract #6663.
8.) The Developer shall install, at no cost to Mr. Ramsay,
Street improvements including: curb, gutter, pavement
and sidewalk along the Ramsay property (Assessor's Parcel
#790 -14-010) Frontage on Church Street in exchange for the
triangular piece of property needed for Church Street.
9.) The buyers of houses on lots 77,78,79 and 89, should be
aware that Mr. Ramsay has a horse and the Developer has
waived any protest regarding the keeping of this horse
for the remainder of its life. Mr. Ramsay will not be
permitted to replace the horse (Baccardi, presently 9
years old) or to retain other livestock on the site unless
said livestock is kept in conformance with City Code
Section 4.24 as amended.
10") The Developer shall receive reimbursement for the differ-
ence between the 12" water mains and an 8" water main as
a credit against the area water fee. He shall also re-
ceive as a further credit against the area water fee the
full cost of an 8" water main across the frontage of the
lands of Malech, Woodworth, Martinez, Gonzalez, Howard and
Schwabel (Assessor's Parcels 790-14 -001, -017, -025, 004,
790 -15 -018 & -019)
StipuIations ;oritinued -2-
11.) Reimbursements for Mr. Ramsay's utility laterals and for
improvements on Church Street including curb, gutter, pave -
merit and utility laterals which are fronting the Risk, Hewell,
Chivers, Howard and Head properties ( Assessor's Parcel
4's 790 -14 --009, 790 -16 -015, 16, 029, 038 and 039.) shall be
made upon the further development (within the City) of these
properties, or along with the process of an assessment
district involving the specific properties, which ever
occurs first., or within 10 years of the date of this agreement.
12.) Where the project site abutts Monterey Highway, the Devel-
oper shall install curb, gutter, sidewalk (4 1/2' Mono-
lithic to the curb and gutter), sound wall fence (painted a
dark brownish color) and landscaping with irrigation
system to screen the Monterey Highway side of the fence.
Said landscaping shall be completed prior to construction
of the first building and maintained until the last building
is sold.
13.) The Developer shall construct a 6" chain link fence along
all streets which abutt the proposed S.C.V.W.D. drainage
channel
14.) The Developer shall install landscaping with an irrigation
system in the 2 1/2 ' park strip along the S.C.V.W.D. drainage
channel (climbing ivy would be acceptable.)
15.) This agreement shall run with the land and be binding upon
any successors in interest.
16.) The assignment of this agreement by the developer to another
party shall require prior approval of the City Council.
i
Accepted by,
Calculation Sheep►( See Stip. #10)
Credit for oversizing
Cost of 12" D.I.P. Installed
Cost of 8" D.I.P. Installed
Difference
X No. of L.F.
Cost of 12" Gate Valve $600
Cost of 8" Gate Valve 200
Difference $ 400
Credit for 8" D.I.P., across
the frontage of the Lands of
Malach, Woodworth, Martinez,
Gonzalez, Howard and Schwabel
1080 L.F. x $11.50 /L.F.
$15.00 /L.F
11.50 /L.F
3.50 /L.F.
1963 L.F-
C. �
$400
$ 7180
$12,420
Total to be Credited
to the Area Water Charge $19,600
Note: Costs used are from engineers estimate.
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
No.
Date
Initialed s.L.
Location of ro ert
p p y 00 ± Southeast of Farrell Ave. on Monterey Road
Assessor's Parcel # 790 -14 -024
Name of Applicant B4irnett -Range Corporation
Address 2609 E. Hammer Lane, Stockton, California 95208
Type of Development Proposed R-1 subdivision
Area 18,2 Acres Storm Drain $624 / Acre
Street Frontage 680" on Montere
Engineering Map Checks 01-100 - 1100- 6004 -I1
Subdivisions 167.0® 2.50(n)
Parcel Map (N)
N = Number of Lots= 89
Engineer Plan Check and Inspection 01-100 -1100- 6004 -12
4% x $ 746, -430
X = Cost of public improvements
Miscellaneous Engineer Service 01- 100 -1100- 6004 -13
No of hours x(.5.00)
8x
Public Works Microfilming 01-100 -1100- 6004 -14
.$5 /Sheet (maps and plans)x 10sheets
Emergency Services 01- 100 -1100- 6004 -15
No. of hours x ( )
Fire Hydrant Location Fee 01 -100- 1100 - 6002 -01
25.00 for the first 5 hydrants +
2.50 for each additional hydrant
9 hydrants $25 + 2.50 (4)
Area Water Charge 03- 300 - 1300 - 7203 -00
18.2 Acres L 1457 /Acre $ 2 6, 517
(See Calculation Sheet)' $19,600
Construction Water 07 -720- 1900 - 8001 -00
4666 LF @ $0.30 /LF 18-2 Acres @$11.30 /Acre
$ 390
$
29, 857
$ 200.00
$ 50.00
$ N. A.
$ 35.00
$6,917
$ 1.605
Devel()pm,,nt Co`-,t SChUdUlu-
Off - Site Storm Drain
02- 220 -1300- 7202 -00
02- 220 -1300- 7202 -01
02-221-1300--1202-00
02- 222 - 1300- J202 -00
02- 223 -1300- 7202 -00
02- 224 - 1300 - 7202 -00
02- 225 - 1300 - 7202 -00
18'.2 Acres @$ 624
Front Foot Charges
Water
LF @$
Sewer
1300 LF 8.00
Storm Drain
LF @$
-2-
District
"A"
$868/Ac
District
"A -1"
$3000 /Ac
District
"B"
624/AC
District
"C"
759/Ac
District
"D"
720 /Ac
District
"E"
547/Ac
District
"F"
868 /Ac
/Acre
02- 230 - 1300-7204 -00
/LF
02 -230- 1300 - 7205 -00
/LF
02- 230 -1300- 7207 -00
/LF
R
$111357
$ 10,400
Street Improvements
02- 230 -1300- 7206-00
$7820
Pavement lOxhRn! —rlann
SF
@$ i„L�,
/SF = $7R2n
Curb 6 Gutter
LF
@$
/LF = $ R QPVPiapr
Sidewalk
@$
/SF = $ By Deupl
GaI.Pole
-SF
oiler
Electrolier
LF
/LF = $ Developer
Electrolier
_ By
Conduit
LF
@ $
/LF = $ By Developer
Fire Hydrant
_LF
@ $
/LF = $ By Developer
Wood Pole Mounted Electrolier
01- 100 - 1100 - 6004 -20
$ -
LF @ $
/LF
Public Works Cash Bonds and
Deposits
08- 800-1100- 6004 -02
$
Other $
TOTAL $68&31