Barton, Rena - PDA No. 91-23L,.,
� .Susanne E. Steinmetz,City Clerk
1.. � �� r
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
C
PROPERTY DEV�fiIENTNT
RESIDENTIAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
1142L9j2
FILE
JUN ! 04
r�u5
O U N 1 T F y
No. 91 -23
This agreement made and entered into this 15th day of June
19 92, by and between the City of Gilroy, a municipal corporation` herein called the
"City" and Rena Barton , 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:
9050 Church Street, APN 790 -14 -093 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.
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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 $ 3,500.00 , 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 109 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.
GRCTION 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
hereby to
above, being attached hereto, Y incorporated herein and expressly
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 divissiaratel
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.
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SECTION b
flint thc• following General Stipulations and the attached stipulatlons shall be
or of Public Wurke.
completed subject Co Lite approval of the llirer.0
1. Locate and properly dispose of any wells, septic tanks and undergro►►nd fuel
st orr► {(e facilites.
ll will require inspection by Lite :Hula Clara
NOTE.: The cnpptr►f; of any we
Valley Water 1)lstr1cC.
2. Schedule Lite r_onstructl.on of improvements along existing, public roads so that
the work affecting vehicular traffic is completed with a minimum interruption
Co trafC:ic.
within tl►e public right- -of —way shall be subject to Lite approval of
3. All work -C
Lite City Lugineer.
4. Before construction utilizing combustible materials may proceed, an all
weather access must be provided to within 150 feet of the building site+ and
nl least one in service £ire hydrant must be available witltiiceSOOLocation of.c►
L it etfireohydlrantstwillebeidetlerminedsbyutheoFire Chlefke p
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SECTION 9
Vint tl►e attached Development Cost Schedule enumerates all fees and their
extentions.
TOTAL, AMOUNT DUE C17'Y
$ 1,499.00
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date nr►d year first nbove written.
A'TTF T:
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city ci��t'L:
Susanne E. Steinmetz
FORM AP OVER:
T.i nda Callon
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BY
REM BARYON
BY
DATE
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA SS.
22 MAY 1992
On this day of in the year ,
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared RENA BARTON---------------------
personally known to me or proved to me on the basis of satisfactory evidence to
be the person(s) that executed this instrument on behalf of the partnership and
acknowledged to me that the partnership executed it.
Signature
otary P is in and for idf and State
CRYSSTAL ERTY
FOR NOTARY SEAL OR STAMP
°F ti
OFFICIAL SEAL
Q�P Eaa
(RYSTAI RAFFERTY
Z t o
NOTARY PUBLIC - CALIFORNIA
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rALIMP N�P
SANTA CLARA COUNTY
My Comm. Expires Aug. 23, 1993
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
5�# E 272
No. 91 -23
Date 1/14/92
Initialed DN
Location of Property 9050 Church St (W. side) at Las Animas Avenue
Assessor's Parcel No. 790 -14 -93
Name of Applicant Rena Barton
Address 9050 Church Street Phone
Type of Development Proposed Lot Split /Water Storm Drain Area
Area Street Frontage
Special Public Works Services
Engineering Map Check for 2 lots
Final Maps $2,058.00 + $274.00/lot
Parcel Maps $437.00 + $212.00 /lot
Reapportionment (Assessment Dist. Parcels)
First Two $499.00 + $131.00 /ea additnl
100 - 2600 -3- 600400 $1,149.00
$ 861.00
Miscellaneous Engineering Services $ 140.00
2 hours x $70.00 /hr
Public Works Microfilming (Maps and Plans) $ 148.00
1 - 6 sheets $136.00 + $6.00 /sheet
7 -12 sheets $174.00 + $6.00 /sheet
13 -18 sheets $212.00 + $6.00 /sheet
2 number of sheets
Engineering Plan Check and Inspection
Cost of Public Improvements
10% of first $100,000 = 350.00
8% of $100,000 - $200,000 =
7% of over $200,000 =
100 - 2600 -3- 600412 $ 350.00
$ 3,500.00
Fire Hydrant Location Fee $
$40.63 for the first 5 hydrants
+$ 4.07 for each additional hydrant
254 P A GEE 12 713
Storm Development Fee
Area "A"
$2,166.82/Acre
420 - 2600 -3- 680200
$
Area "A -1"
$4,319.36/Acre
420 - 2600 -3- 680200
$
Area "B"
$2,029.66/Acre
421 - 2600 -3- 680200
$
Area "C"
$3,456.49/Acre
422 - 2600 -3- 680200
$
Area "D"
$2,143.86/Acre
423 - 2600 -3- 680200
$
Area "E"
$1,615.13 /Acre
424 - 2600 -3- 680200
$
Area "F"
$2,982.74/Acre
425 - 2600 -3- 680200
$
Area "Q"
$2,711.81 /Acre
426 - 2600 -3- 680200
$
Area "R"
$1,356.37/Acre
427 - 2600 -3- 680200
$
Acres @$
/Acre
Front Foot water -
inch diameter
430 - 2600 -3- 680400
$
or 801 - 2680 -3- 680000
$
FF @$
/FF
Fire Hydrant
Resident
FF @ $ 3.05 /FF
= $
Comm & Ind.
FF @ $ 4.07 /FF
= $
Front Foot Sewer -
inch diameter
430 - 2600 -3- 680500
$
or 801 - 2680 -3- 680000
$
FF @$
/FF
Front Foot Street Improvements
430 - 2600 -3- 680600
$
or 801 - 2680 -3- 680000
$
Pavement
SF @ $ /SF
= $
Curb & gutter
FF @ $13.29/FF
= $
Sidewalk
SF @ $ 4.10 /SF
= $
Gal. /wood Pole
Electrolier
& Conduit
FF @ $ 9.23/FF
= $
Front Foot Storm Drain
- inch diameter 430 - 2600 -3- 680700
$
or 801 - 2680 -3- 680000
$
FF @$ /FF
utility Underground Fees
FF @ $109.35/FF
$2,000 max. for SFR unit
Santa Teresa Improvements
Units @ $1,574.54 /Dwelling unit
431 - 2600 -3- 680300 $
433 - 2600 -3- 681000 $
Sewer Development Fee 435 - 2600 -3- 671000 $
Units @ $1,308.00 /unit (Res)
Gals. @ $547.00/100 GPD (Gomm /Ind)
or $1,308.00 whichever is greater
water Development Fee 436 - 2600 -3- 695000 $
units @ $1,075.00 /Unit (Res)
Gals. @ $1,123.00/1000 GPD peak (Comm /Ind)
Water user Fee (Construction Water) 720 - 0433 -3- 690000 $
FF @ $3.44/FF + Acres @ $224.19 /Acre
Public Works Cash Bonds and Deposits 801- 2680 -3- 680000 $5,250.00
Other
Other
TOTAL DUE CITY $1,499.00
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.
* Not included in total.
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Accepted by:
Date: JZ Z-
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Sti ulation to Develo m
The related parcel map for the lot split of this property shall not be
released for filing until new water service and new driveway access are in
place and accepted by the City.
Accepted by,
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Date
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EXHIBIT A
VICINITY MAP
Lands of Barton
A.P.N. 790 -14 -093
Development Agreement 91 -23
9050 Church Street