Flautt, J. Frank - PDA No. 91-42�trr T
Sus -xr.ne E. Steinmetz, City Cler - --
City of Gilroy
7351 Rc,'sanna , Street
Gilroy, CA 95020
i
'. ::F0,
PROPERTY I�AMPMENT AGREEMENT
112+1366
r'I =-EC' FUN RECURII
AT REQUEST OF
{Ea 19 II 14 A �?
TED RESIDENTIAL SANT' (,LA is h f
LAtJ�,tE: rt_'
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:oE (,r
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM 91 -42
DRAINS AND OTHER PUBLIC WORKS FACILITIES No.
This agreement made and entered into this 6th day of
January
19 92 , by and between the City of Gilroy, a municipal corporation, herein called the
"C-i -F ,ll and J. Frank Flautt , 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:
5605 Mesa Road, Gilroy, CA 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, the current Zoning Ordinance, and the currently adopted Uniform Building Code.
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.
-1-
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t'V
71
M 052PAGE 1 145
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 $ 10,000.00 , 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.
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-
M O52PAGE 1 146
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 tpproval 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
$ 11,694.69
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTES
City Clerk
FORM ROVED:
City Attorney
is
J. Frank Flautt
BY
DATE December 23 1991
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-
II VICINITY SITE MAP
ALL - PURPOSE ACKNOWLEDGMENT 5605 Mesa Road aaaa'
California J. Frank Flautt
State of
County of Santa Clara
On 12 -23 -91 before me, Patricia K. Bentson (name, title of officer),
personally appeared J. FRANK FLAUTT f
❑ personally known to me — OR improved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and
that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
OrrICIAL SEAL
Patricia K. Sentson
Q • NOTARY PUBLIC - CALIFORNIA
SANTA M ARA COUNTY
My cw wn Expires June S, tai
IN.M
Signature
i
NO 209
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL(S) SIGNING FOR ONESELF /THEMSELVES
❑CORPORATE
OFFICER(S) TITLES)
COMPANY
PARTNER(S) PARTNERSHIP
ATTORNEY-
IN-FACT PRINCIPAL(S)
TRUSTEE(S) TRUST
OTHER TITLE(S)
TITLE(S)
ENTITY(IES) REPRESENTED
ENTITY(IES) REPRESENTED
• P.O. Box 7184 • Canoga Park, CA
C)
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M052PAGE 1 148
CITY OF GILROY No. 91 -42
DEVELOPMENT COST SCHEDULE ------- - - - - --
ESTIMATE Date 9/6/91
Prepared by Mark Fachin
NOTE: This 100 % cost schedule has been adjusted to the rates in
effect at the time Building Permits were issued.
Location of Property 5605 Mesa Road
-------- - - - - --
Assessor's Parcel No. 810 -28 -006
Name of Applicant J. Frank Flautt
-----------------------------------------------------
Mailing Address 765 Carignane Drive, Gilroy
-----------------------------------------------------
Dev Type: Comm? Y/N N SF Res? Y/N Y Other? Y/N N Storm Drn F
- - - ------ - - - - --
- - - ------ - - - - --
Ctry Est Water? Y/N N Obata Industrial Park Credits? Y/N N
-- ------ - - - - --
-- ------ - - - - --
Ctry Est Sewer? Y/N N Northwest Quadrant Sewer Connect? Y/N N
-- ------ - - - - --
-- ------ - - - - --
No. Units 1 Number of Units or Lots Used in Estimate 1
----
----------
Total Area
----
- - - - --
1.010
- - - - --
Acres
-----
-----
Number of Acres Used in Estimate
-----
- - - - --
- - - - --
1.010
- - - - --
----------
Actual FF
----
148.63
- - - - --
Feet
-----
Front Footage used for FF Charges
-----
- - - - --
148.63
- - - - --
----------
Front Footage
used
for
-----
Cost of Improvements and Const Water
- - - - --
148.63
Commercial /Industrial Sewer (GPD)
Special Public Works Services
Maps:
Final
Parcel
$2,058.00 +
$437.00 +
$274.00 /lot
$212.00 /lot
0 Water (GPD) 0
---- - - - - -- ------ - - - - --
---------- ------ - - - - --
100- 2600 -3- 600400 $708.00
100% $708.00
N $0.00
N $0.00
Reapportionment (Assessment District Parcels)
First Two $499.00 + $131.00 /ea additionalN $0.00
Miscellaneous Engineering Services:
(Cost Schedules, Agreements, R/W Reviews and Other Misc. Services)
8 hr Misc Eng Ser @ $70.00 /hr.
Public Works Microfilming (Maps and Plans):
1- 6 sht $136.00 + $6.00 /sheet
7 -12 sht $174.00 +
13 -18 sht $212.00 +
# of Shts 2
$6.00 /sheet
$6.00 /sheet
COST SCHEDULE (1)
$560.00
$148.00
$0.00
$0.00
M052PAGE 1 149
Engring Plan Check and Inspection 100 - 2600 -3- 600412
(Based on total cost of public
right -of -way improvements) 100%
Actual Cost of Public Improvements $10,000.00
10% of first $100,000 $1,000.00
8% of $100,000 - $200,000 $0.00
7% of over $200,000 $0.00
Fire Hydrant Location Fee
Number of additional hydrants 0
First Fiv $40.63 + $4.07 /ea additionalY $40.63
Storm Drain Development Fee
Zone A $2,166.82 / ac. 420 - 2600 -3- 680200
Zone A -1 $4,319.36 / ac.
Zone B $2,029.66 / ac.
Zone C $3,456.49 / ac.
Zone D $2,143.86 / ac.
420 - 2600 -3- 680200
421 - 2600 -3- 680200
422 - 2600 -3- 680200
423 - 2600 -3- 680200
100%
100%
100%
100%
100%
Obata Industrial Park Credits
(Based on reimbursements due from oversized storm facilities)
Obata $1,170.00 / ac. $0.00
Storm Development Fee Credit ----- - - - - --
Zone E $1,615.13 / ac. 424 - 2600 -3- 680200
Zone F $2,982.74 / ac.
Zone Q $2,711.81 / ac.
Zone R $1,356.37 / ac.
425 - 2600 -3- 680200
426 - 2600 -3- 680200
427 - 2600 -3- 680200
100%
100%
100%
100%
COST SCHEDULE (2)
$1,040.63
$1,040.63
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$3,012.57
$3,012.57
$0.00
$0.00
$0.00
$0.00
Front•Foot.Charges:
.(Used to charge and reimburse fees for existing infrastructure)
Are these charges or reimbursements? C/R R
Water 430 - 2600 -3- 680400 $2,550.49
or 801 - 2680 -3- 680000 ------ - - - - --
Water Mains, including valves and box: 100% $2,550.49
(Developer is responsible for up to
and including 12" mains)
Half Pipe
6 " Main $8.31 / f.f. x
8 " Main $11.07 / f.f. x
10 " Main $12.73 / f.f. x
12 " Main $17.16 / f.f. x
Fire Hydrants:
Front Footage
N 0 = $0.00
_ ------------- ----- - - - - --
N 0 = $0.00
_ ------------- ----- - - - - --
N 0 = $0.00
_ ............. ----- - - - - --
Y 149 = $2,550.49
_ ------------- ----- - - - - --
Half Price Front Footage
---- - - - - -- -------- - - - - --
Resident $3.05 / f.f. x N 0 = $0.00
_ ------------- ----- - - - - --
Comm/Ind $4.07 / f.f. x N 0 = $0.00
------------- ----- - - - - --
Country Estates Water System
(See attached worksheet for distribution)
Resident
Sewer
Sewer Mains, including manhole:
(Developer is responsible for up to
and including 12" mains)
$0.00
430 - 2600 -3- 680500 $0.00
or 801 - 2680 -3- 680000 ------ - - - - --
100% $0.00
Country Estates Sewer Trunk Main
(See attached worksheet for distribution)
Resident and /or Commercial /Industrial
COST SCHEDULE (3)
$0.00
Half Pipe
Front
Footage
6 "
Main
---- - - - - --
$10.80
/
f.f. x
--------
N
- - - - --
0 =
$0.00
8 "
Main
$12.18
/
f.f. x
_ -------------
N
-----
0 =
- - - - --
$0.00
10 "
Main
$13.29
/
f.f. x
_ -------------
N
-----
0 =
- - - - --
$0.00
12 "
Main
$14.39
/
f.f. x
_ -------------
N
-----
0 =
- - - - --
$0.00
Northwest
Quadrant
_ -------------
Sewer Trunk Main
-----
- - - - --
$0.00
(See
attached worksheet for
distribution)
-----
- - - - --
Country Estates Sewer Trunk Main
(See attached worksheet for distribution)
Resident and /or Commercial /Industrial
COST SCHEDULE (3)
$0.00
Walk
Width4.5 Feet Square Footage
Sidewalk 4" on 4" N $4.10 x 0 = $0.00
and driveway - - -- ----- - - - - --
6" on 6"
Front Footage
-------- - - - - --
Curb /Gutter on 6" N $13.29 x 0 = $0.00
Electroliers:
Half Price Front Footage
---- - - - - -- -------- - - - - --
Conduit & Steel /Wood
Pole $9.23 / f.f. x N 0 = $0.00
_ ------------- ----- - - - - --
Storm Drain
$0.00
$0.00
430 - 2600 -3- 680700 $0.00
or 801 - 2680 -3- 680000 ------ - - - - --
100% $0.00
Storm Drain Mains, including manholes and catch basins:
(Developer is responsible for size required
for all mains not shown on the Master Plan)
Half Pipe
---- - - - - --
M 052PAG 1
151
Street
Improvements
430 - 2600 -3- 680600
"
Main
$18.83
/
f.f.
x
or 801- 2680 -3- 680000
0 =
Width
-
35
- --
Ft
Length
--------
148.63
- - - - --
Ft
100%
----
Pavement
_ -------------
N
-----
0 =
--------
Y /N?
- - - - --
Square Footage
Main
3" AC
on
8"
AB N
$2.24
x 0 =
$0.00
3" AC
on
10"
AB N
$2.50
x 0 =
$0.00
3" AC
on
12"
AB N
$2.77
x 0 =
$0.00
3" AC
on
15"
AB N
$3.17
x 0 =
$0.00
Walk
Width4.5 Feet Square Footage
Sidewalk 4" on 4" N $4.10 x 0 = $0.00
and driveway - - -- ----- - - - - --
6" on 6"
Front Footage
-------- - - - - --
Curb /Gutter on 6" N $13.29 x 0 = $0.00
Electroliers:
Half Price Front Footage
---- - - - - -- -------- - - - - --
Conduit & Steel /Wood
Pole $9.23 / f.f. x N 0 = $0.00
_ ------------- ----- - - - - --
Storm Drain
$0.00
$0.00
430 - 2600 -3- 680700 $0.00
or 801 - 2680 -3- 680000 ------ - - - - --
100% $0.00
Storm Drain Mains, including manholes and catch basins:
(Developer is responsible for size required
for all mains not shown on the Master Plan)
COST SCHEDULE (4)
Half Pipe
---- - - - - --
Front
--------
Footage
- - - - --
18
"
Main
$18.83
/
f.f.
x
N
0 =
$0.00
21
"
Main
$19.65
/
f.f.
x
_ -------------
N
-----
0 =
- - - - --
$0.00
24
"
Main
$19.93
/
f.f.
x
_ -------------
N
-----
0 =
- - - - --
$0.00
27
"
Main
$21.58
/
f.f.
x
_ -------------
N
-----
0 =
- - - - --
$0.00
30
"
Main
$22.70
/
f.f.
x
_ -------------
N
-----
0 =
- - - - --
$0.00
33
"
Main
$26.85
/
f.f.
x
_ -------------
N
-----
0 =
- - - - --
$0.00
36
"
Main
$31.00
/
f.f.
x
_ -------------
N
-----
0 =
- - - - --
$0.00
42
"
Main
$42.07
/
f.f.
x
_ -------------
N
-----
0 =
- - - - --
$0.00
48
"
Main
$45.95
/
f.f.
x
_ -------------
N
-----
0 =
- - - - --
$0.00
54
"
Main
$55.90
/
f.f.
x
_ -------------
N
_ .............
-----
0 =
-----
- - - - --
$0.00
- - - - --
COST SCHEDULE (4)
60
Main
$64.21
/
f.f. x N
0 =
$0.00
72
Main
$136.16
/
_ -------------
f.f. x N
-----
0 =
- - - - --
$0.00
84
Main
$147.79
/
_ -------------
f.f. x N
-----
0 =
- - - - --
$0.00
96
Main
$156.09
/
_ -------------
f.f. x N
_ -------------
-----
0 =
-----
- - - - --
$0.00
- - - - --
Utility Underground Fee
$109.35 / f.f. x
Santa Teresa Blvd. Improvements
$1,574.54 / dewelling unit
Sewer Development Fee
431 - 2600 -3- 680300 $2,000.00
Front Footage 100% $2,000.00
-------- - - - - --
Y 149
433 - 2600 -3- 681000 N $0.00
100% $0.00
435 - 2600 -3- 671000 $1,308.00
100% $1,308.00
Resident $1,308.00
/
unit
$1,308.00
Duplex $2,376.00
N
$0.00
Triplex $3,030.00
N
$0.00
Apartment $902.00
/
unit
N
$0.00
(4 or more)
_ -----------
Mobile Ho$1,308.00
+
$761.00 /space
N
$0.00
Motel /Hot$1,308.00
+
$547.00 /rental unit
N
$0.00
Comm/Ind $547.00
/
100 gals. /day or
$0.00
$1,308.00
,
whichever is greater
-----
- - - - --
Obata Industrial Park Credits
(Based on reimbursements due from oversized sewer facilities)
Obata $531.00 / ac. $0.00
Sewer Development Fee Credit ----- - - - - --
Water Development Fee 436 - 2600 -3- 695000 $1,075.00
100% $1,075.00
Resident $1,075.00 / unit $1,075.00
Comm/Ind $1,123.00 / 1000 gals $0.00
Obata Industrial Park Credits
(Based on reimbursements due from oversized water facilities)
Obata $154.00 / ac. $0.00
Water Development Fee Credit ----- - - - - --
COST SCHEDULE (5)
Water'User Fee (Construction)
$3.44 / f.f.
• Bonds and Securities
• Not included in TOTAL DUE
TOTAL DUE CITY $11,694.69
-------- - - - - --
100% $11,694.69
M'02GE 1 1753
720 - 0433 -3- 690000 N $0.00
100% $0.00
+ $224.19 /a.c.
801- 2680 -3- 680000 * $15,000.00
(est)
100% total may not be exact due to
rounding of individual fees.
NOTE: All deferred and /or estimated fees will be adjusted to the rates in
effect at the time Building Permits are issued. The undersigned
agrees to provide actual construction costs for recalculation of
fees and pay any underestimated fees prior to final acceptance. If
the recalculated fees are less than the estimate, the City of
Gilroy will refund the difference.
Accepted by: `
Date:
COST SCHEDULE (6)