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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. -1- N Ln „ry M N C7� 1.C7 10 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. -2- K254PM -E 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 L 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: ZGA��cc/ city ci��t'L: Susanne E. Steinmetz FORM AP OVER: T.i nda Callon d E v d 0 c Y U a d c r CL co 2 p I 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 r ® 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. n Accepted by: Date: JZ Z- �2' 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, �� r �"✓ Date y T M 0 N T E P A/- 505 _ M _ w 5 Q P R 0 A p = Q j /CL. s pCL. g M. 36 7- M- 13 PCL. ,� } ,a• I m 'rJTL`' w 2 2 _ 70 78 t f7af r a7 ♦C. NET _PCL. 8J Z. 01 AC. MET 69 1 BS �9: PTN. l07 8 a+u / PCL.3 1 - tsa .• 6 ° 1 e 18 1 81 1 82 ��" _"'�- 88 J - _" r 7'7g $ 5B 1 61 1 9a 85 1 86 1 87 !, • *4 / .P' 4 1 6f I I so b 1 1 I •i U ? �3 �', -tea,•- i v:n - FREEMAN T Y . 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