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D and E Development01 PROPERTY DEVELOPMENT AGREEMENT AGREEMENT FOR EXTENSIONS OF 14ATER DISTRIBUTION SYSTE�1S: IMPROVEMENT OF STREETS; I71STALLATIOI OF SLI ;ERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES This agreement made and entered into this 17 thday of October 1977* by and between the City of Gilroy, a municipal corporation, herein called the "City" and D and E Development i a real property owner, developer or subdivider, herein called the "Developer." 14ITNESSETH : UHEREAS, 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: Twin Oaks Subdivision, Tract #6184 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, 1HEREAS, 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 concern- ing 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 and Res. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in subdivision or development respectively); Ordinance ado. 602 (Subdivision Procedure, etc.); Ordinance No. 711 (Zoning Ord.); Ordinance No. 1768 (1973 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. -1- i� f SECTION 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, Ordi- nances 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 $ 90,000.00 , and shall guarantee the faithful] 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,­neglector 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 hereunder and the City, at its election, may enforce the perfor- mance of any provision herei"i, or any right accruing to the City or may pur- sue any remedy whatsoever it may have under the laws of the State of Califor- nia or the Codes, Ordinances, Resolutions or Regulations of the City, in the event of any such default by Developer. SECTI01 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 and are subject of final determination upon comple- tion of the work. FACILITY a. Easements & Rights of way "On Site" DE VELOPME ",T COSTS CITY'S COSTS BALANCE $ 100% $ -0- $ 100% b. Easements & Rights of way "Off Site" $ c. !later "On Site' d. !eater "Off S i te' 260 l.f. 101' CIP ove rs i z i ng e. Sewer "On Site` 100% $ -0- $ 100% $ 100% $ -0- $ 100% $ 3,659.83 $ -0- $ 3,659.83 $� 100% $ -0- $ 100% f. Sewer "Off Site " $ deferred -3- $ -0- $. deferred g. Storm Drainage "On Site" h. Storm Drainage "Off Site" $ inn/ $ -0- $ 100% $ 2,270.11 $ -0- $ 2.270.11 i. Engineering, inspec- tion, & Plan Check, 4% x $90,000.00 $_3.600.00 $ =0- $_ ,_h00_no J. Street Tree Planting With Building Permit k. Construction Water, Dust Control & Earthwork 1. Street Paving - 260 x 10' = 2,60 f. m. Street Curb & Gutter $ -0- $ deferred $ 149.55 $ -0- $ 149.55 $ 1,664.00 $ -0- $ 1,664.00 $ 100% $ -0- $ 1nn% n. Sidewalks $ 100% $ -0- $ inn% o. Street dame Signs $ 100% $ -0- $ 1nn% p. Fire Hydrants "On Site" $ 100% $ -0- $ 100% -4- q. Street Lighting $ 100% $ -0- $ 100% DUE CJY BY DEVELOPER $ 11,343.49 DUE DEVELOPER BY CITY $ NET DUE CITY $ 10 WITNESS !THEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEST: City Cleric FOR PPROVED: A City Attorn CITY OF GILROY DEVELOPER DATE /,/) //— �7 / 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. -r.- Location of property CITY OF GILROY DEVELOP,'VIT COST SCHEDULE flo . Date Sept. 14, 1977 Initialed Kern Avenue at extension of Ramona Way Assessor's Parcel # Name of Applicant D and D Development Address 14010 Columbet Avenue, San Martin 95046 Type of Development Proposed R -1 Area �3+6,38 ,Ac, Storm Zane "B" Frontage COST SCHEDULE 1. Front Foot Uater Charges - - - -- LF @ - - - -- /F.F. = 2. Front Foot Sewer Charges - - - -- LF @ - - - -- /F.F. _ 3.--Front Foot Storm Charges - - - -- LF @ - ---- /F.F. = 4.--Front Foot Street Improvements - - - -- SF @. - - - -- / S.F. 56-- Front Foot curb & gutter charges - - - -- LF @!,j = -b,. -. Area Water Charge 3.638 Acres @ $1,006 Ac. --- $ by developer $ by developer _ _.. $ 3659.83 7. Area Offsite Storm Drainage Fees 3.638 Acres @ $624.00 /Acre = $ 2,270.11 8. Offsite Sanitary Sewer Fees 16 Lots @ $550.00 /Lot - $ deferred 9. Recreation Fees @ $80.00 + / $54.00 ea. add. _ $ deferred 10. Engineering Plan Check & Inspection 4% x $90,000.00 = $ 3,600.00 11. ', -later Meter Charge i" Meter @ $80.00 = $ deferred 12. Electroliers LF @ - $ by developer 13. Fire Hydrants LF @ _ $ by developer 14. Construction Water 600 x $15 = $90 /LF + /Acre = 3.638 x 5.65 = $20.55 $ 149.55 260 x $15 = $89 15. Street Trees @ _ $ w /bldg. permit 16. greet Paving. 260 x 10' = 2,600.s.f. $ 1,664.00 17. _ $ Total = $_11,343.49 STIPULATIOnS -2- ADDITIONAL STIPULATIONS 'to the Agreement between H rnd E Development and the CITY OF GILROY for the Development of Tract #6184 1. The owner agrees to dedicate and improve all Rights of Way within the proposed tract boundary. 2. The City shall reimburse the developer for water main oversizing upon acceptance of the work. The City shall pay the difference between an 8" main and a 10" main.