Glen Loma/Farotte - PDA No. 85-25NO FEE per GC Sec. 6103
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J 356PAGE12 i 8
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DRAINS AND OHIFR Pult1,1C WORKS FACII,I I IF•S r:
No. 85 -25
This agreement made and entered into this 20th ,I •ay of May
19 85 , by and between the City of Cilroy, a municipal corporation, herein called the
"City" and Glen- Loma /Farotte , a real property owner
developer or subdivider, herein called the�Dev�et -olrr
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 acceptaneC,
covering certain real estate known as .and called:
Deer Park, Tract No. 7637 and,
WHEREAS, the Developer tequircs certain utilities rind public works facilities in
order to service the propertv under the n0ini lilt nn standards established by the City and,
WHEREAS,
the City, by and throurli its
City C(,,unciI, has enacted
certain Codes,
Ordinances and
Re soIittiens and certain Rules
and Re pit lntions have been
prumull>nred
concerning the
subject matter of this nPrc"mcnt
.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 systcm, pcneral plant and appurtenances, and the
City is agrccing to discharF,,e those responsibilities.
NOW 111FREFORE, in coils ideuntioil of the premises and in order to carry on the
intent and purpose of said Codes, Ordinances, ReseIirtions and Regulations, it is agreed
by and between the parties as follows:
SECTION I
'hat all Cedes, Ordinances, Reselulrails, Rul..s 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 refertcd to ,and incorporated herein to the same
effect as if they were set out at length hcreiu. 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 I )toc_edures 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, Refutations and Substitutions thereof, as
amended to the time of execution of this ngreement.
SECTION 2
The Developer agrees:
a. To perform each and ever -v provision requirod 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 stipulat.e.d casements 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
neveloper, or any employee thereof, shill do in grading or working
upon said real estate.
Cat t V of C"t1x.1
7351 Rosanna Street, P.O. Box 66
GILROY, CALIFORNIA
J 356PAGE12'79
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 $ 448,456.00 , and
the other shall be executed in an amount no less than 50G 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 hoed 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 8 thereof to be due under the terms and
provisions of this agreement.
CFCTInN i
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.
SFCTinN 5
r
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.
SFCTinN 7
That this agreement, together with the attached stipulations, is an instrument
affecting the title or I ssossion 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-
J356PAGE1280
SECTION 8
FF @ $5.00 /FF
e) Engineering Plan Check and Inspection
5% of the Cost of Public Improvements
5% x $ 448,456.00
f) Storm Development Fees
Acres @ $ /Acre
Acres @ $ /Acre
g) Front Foot Water Fee
597 FF @ $ 13.50/FF
h) Front Foot Sewer Fee
597 FF @ $ 8.82/FF
i) Street Improvements
Includes pavement, curb 6 gutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for breakdown.)
j) Front Foot Storm Drain Fee
597 FF @ $ 14.58 /FF
-1-
$ 22,423.00
$ See Stip. #4 and calc.
sheet
$ 8,060.00
$ 5,266.00
$ By Developer
$ 8,704.00
That the following are the estimated amounts of
costs
to be borne by the respec-
tive
parties hereto, and it is further understood and
agreed that said amounts are
estimated only and are subject to final determination
upon
completion of the work.
FACILITY
DEVELOPMENT COST
Engineering Map Checks
a)
Subdivisions $190.00 + $3.00 /lot
$
424.00
Parcel Splits $83.00 + $3.00 /lot
39 number of lots
b)
Miscellaneous Engineering; Service
$
248.00
8 hours x $31.00 /hr
0
c)
Public Works Microfilming
$
50.00
10 sheets x $5.00 /sheet
d)
Wood Pole Mounted Electrolier
$
n /a
FF @ $5.00 /FF
e) Engineering Plan Check and Inspection
5% of the Cost of Public Improvements
5% x $ 448,456.00
f) Storm Development Fees
Acres @ $ /Acre
Acres @ $ /Acre
g) Front Foot Water Fee
597 FF @ $ 13.50/FF
h) Front Foot Sewer Fee
597 FF @ $ 8.82/FF
i) Street Improvements
Includes pavement, curb 6 gutter,
sidewalk, electroliers, fire
hydrants, etc. (See Cost Schedule
for breakdown.)
j) Front Foot Storm Drain Fee
597 FF @ $ 14.58 /FF
-1-
$ 22,423.00
$ See Stip. #4 and calc.
sheet
$ 8,060.00
$ 5,266.00
$ By Developer
$ 8,704.00
k) Water Development Fee
38 Units @ $815.00 /Unit
1) Construction Water
3820 LF @ $0.50 /FF + 9.46 Acres @ $20.00 /Acre
m) Fire Hydrant Location Fee
$31.00 for first five hydrants
+ 3.00 for each additional
8 hydrants
n) Sewer Development Fee
38 units @ $908.00 /unit
o) Public Works Cash Bonds and
Deposits
p) Other
TOTAL DUE CITY
J 356PAGE1281
$ 30,970.00 /
$ 2,099.00
$ 40.00
$ w /Bldg Permit
$
S
78,284.00
IN WITNESS WHEREOF, said parties have caused these presents to be executed
the date and year first above written.
ATTE ;VELOPEI
Glen - Loma /Farotte, a joint venture
City Clerk _LQL"N �P.
FORD
NOTE:
-1f-
BY
-k1VAA6AAAkA t
PROVED:
BY
'v
DATE
Attorney
- -'+
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.
-1f-
E SIA IF OI= CALIFORNIA
E COLN I of SANTA CLARA �ss
a
3 On thi, 20th - day of May n the e;tr 1985
0
c hetore me, the undcr,igned, a Nolan Puhlic in and tor ,aid C ountc and State.
a penomtlk appearedTIMOTHY_J._ FILICE, Vice- Pres_ &_ _
M
Sec of., Glen— Loma _Farotte_ &,y.T_ _FAITF.,�es
perwnallc knost It to me I or pros ed to me on the ba,u of ,ati,tuctor� e, idencc I to
he the person ,� ho,e name i, ,uh,crihed to thi, in,trument, and ackno« ledeed
C that he (,he or the%) CyCCUtCd it.
x
0
Signature
G No n Public in nd for ,aid ou7d St e
of
J 356PAGE1282
FOR NOTARY SEAL OR STAMP
arotte Const.
EF@CRYSTAL RAFFERTY
'N0TA;ty PUBLIC- CALIFORNIA
SANTA CLARA COUNTY 14E ommiss;an Expires Aug. Y3,
J 356PAGE1283
. fffT►ff
z I - CITY OF GILROY No. 85 -25
DEVELOPMENT COST SCHEDULE Date 5 -14 -85
Initialed SD -L
Location of Property North side of Mantelli Drive ap rnximately 570 fpet
west of Santa Teresa Boulevard
Assessor's Parcel # 783 -21 -026 and a portion of 783 -21 -027
Name of Applicant GLEN -LOP1A CORPORATION
Address 7951 -A Wren AVenue, Gilroy, CA 95020
Type of Development Proposed Subdivision, Tract No. 7637, Deer Park
Area 9.46 acres Storrs, Drain Area "B"
Street Frontage 597 feet on Mantelli Drive
Special Public Works Services
Engineering Map Check
Subdivisions $190.00 + $3.00 /lot
Parcel Splits $83.00 + $3.00 /lot
39 number of lots
Miscellaneous Engineering Service
8 hours x $31.00 /hr
Public Works Microfilming (Maps and Plans)
10 sheets x $5.00 /sheet
Wood Pole Mounted Electrolier
FF @ $5.00 /FF
Engineering Plan Check and Inspection
52 of the Cost of Public Improvements
5% x $ 448,456.00
Storm Development Fee
01 -100 -1100- 600400 $ 722.00
S 424.00
$ 248.00
$ 50.00
$ n/a
01-100-1100-600412 $ 22,423.00
Area
"A"
$1,850.00 /Acre
02- 220 -1300- 720200
Area
"A -1"
$3,680.00 /Acre
02- 220 -1300- 720201
Area
"B"
$1,640.00 /Acre
02 -221 -1300- 720200
Area
"C"
$2,770.00 /Acre
02 -222- 1300 - 720200
Area
"D"
$1,770.00 /Acre
02- 223 - 1300 - 720200
Area
"E"
$1,350.00 /Acre
02- 224 -1300- 720200
Area
"F"
$2,400.00 /Acre
02- 225 -1300- 720200
Area
11Q"
$2,310.00 /Acre
02- 226 -1300- 720200
9.46 Acres
@$ 1640,00 /Acre
= $15,514.00
4,73 Acres
0$ /Acre
Deferred
$ -0-
See Stip #4 and
$ Calc. Sheet
Front Foot Charges
Water 12"
597 FF @$ 13.50 /FF
J 356PQGE1284
02- 230 - 1300 - 720400 $ 8,060.00
Sewer 8"
02- 230 -1300- 720500
597 FF @$
8.82 /FF
Street Improvements
02- 230 -1300- 720600
Pavement
SF
@
$
/SF =
$ By Developer
Curb & Gutter
FF
@
$10.87 /FF =
$ "
Sidewalk
SF
@
$
3.11 /SF =
$ "
Gal. Pole
Electrolier
& Conduit
FF
@
$
5.00 /FF -
$ "
Fire Hydrant
Resident
FF
@
$
2.54/FF =
$ "
Comm & Ind.
FF
@
$
2.85/FF =
$ n/a
Storm Drain 18"
02- 230 - 1300 - 720700
597 FF @$
14.58 /FF
Sewer Development Fee
07- 705 - 1300 - 720100
Water Development Fee 07- 725- 1300 - 720300
38 Units @ $815.00 /Unit
Gals. @ $850.81/1000 GPD peak
Construction Water 07- 720 - 1900 - 800100
3820 FF @ $0.50 /FF + 9.46 Acres @ $20.00 /Acre
Fire Hydrant Location Fee 07- 720 - 1900 - 800300
$31.00 for the first 5 hydrants
8 hydrants
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits 08- 800 - 1100- 60040C
Other
TOTAL DUE CITY
., r n �r- nn
$ By Developer
$ 8,704.00
$ w /Bldg Permit
$ 30,970.00
$ 2,099.00
$ 40.00
$ 78,284.00
NOTE: (1) All deferred fees are payable at the rate in effect at time of payment.
Accepted by:
Date:
-2-
CALCULATION SHEET
Tract No. 7079 - Deer Park
Storm Main Oversizing
J35GP�GE1285
18" RCP to 36" RCP 375 LF 2 $ 9.00 = S 3,375.00
18" RCP to 42" RCP 400 LF @ $34.00 = S 13,600.00
18" RCP to 48" RCP 620 LF @ $41.00 = S 25,420.00
S 42,395.00
Area Storm Fee
9.46 acres @ $1640.00 /acre S 15,514.40
Total Reimbursement Due Developer
To be reimbursed when properties in the
same storm drainage area (Area "B ") are
developed and fees are collected.
S 26,881.00
STIPULATIONS
GLEN -LOMA CORPORATION J 35 6 PAGE 1 2 8 6
TRACT NO. 7637 - DEER PARK
1. Developer acknowledges that he is responsible to obtain all water, sewer
and storm drain easements.
2. Developer further acknowledges that off -site easements are necessary
through a number of different properties.
3. Developer shall install off -site storm and sewer mains as required to
Santa Teresa Boulevard in approved easements and will participate in the
cost of their construction.
4. City will reimburse the developer for all storm mains over 18" in diameter
and for off -site mains at the time of the development of adjacent parcels.
(See Calculation Sheet)
5. Developer will be reimbursed for off -site sanitary sewer at the time of
the development of adjacent parcels between this site and Santa Teresa
Boulevard.
6. The cost for the trunk main between Santa Teresa Boulevard and Wren Avenue
shall be borne by the currently developing properties with sewer alloca-
tions.
7. Developer agrees to enter into a partnership for the construction of the
trunk sewer main between Santa Teresa Boulevard and Wren Avenue. The
partnership shall be established to bear the total cost of the construc-
tion of the trunk main and to receive reimbursements as other developments
connect to the trunk pipeline.
8. City shall reimburse the partnership for sewer main oversizing costs in
excess of pipe sizes necessary to achieve minimum velocity.
9. Partnership shall be eligble to receive reimbursements for connections to
the trunk main for a period not to exceed fifteen (15) years.
10. 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.
11. 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.
12. The developer agrees to dedicate and improve to City Standards all streets
and public improvements as shown on Tract Map and laps.
C
Accepted by: \ \. __
Title:
Date: —� -y
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