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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