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Good Shepherd Lutheran Church' PROPERTY DEVELOPMENT AGREEMENT AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEVTERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES This agreement made and ertered into this 19th day of August .9 19 68 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and The Good ShepfmrdLutheran Church , a real property owner, developer or subdivider, herein called the "Developer ". WITNESSETH: 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: The Good ShepbeddLutheran Church (Hecker Pass Highway) and, 1 °TEREAS, the Developer requires certain utilities and public works facilities in order to service the property under the minimum standards established by the City and, IMREAS, 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 and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities and after acceptance by City, and for providincr the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities. NOW TTIEREFORE, in consideration of the premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolut- ions and Regulations, it is agreed by and between the parties as f ollows : SECTION I 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 here- by referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances and Regu- lations include, but are not limited to, the following: The Code of the City of Gilroy (<-including but not limited to Chapters 12 A, 190 20 and 21 thereof /pertaining to local improvement procedures in -1- subdivision or development respectively); Ordinance No. 602 (Sub- division Procedure, etc.); Ordinance No. 711 (Zoning Ordinance); Or- dinance No. 693 (1961 Uniform Building Code); Rules and Regulations. Included in the above are all of the above referred to Codes, Ordi- nances, Resolutions] Regulations and Substitutions therefor, 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 en- cumbrances, 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 sub- contractor 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 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, each of which shall be executed in the face amount of no less than $ none , and one of which bonds shall guarantee that fa ul performance of this agreement and the other said bond shall secure pay- ment 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 11612 of the Business and Professions Code of the State of California, the Codes, Ordinances, Reso- lutions 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 costs 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 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 That the special provisions concerning the particular real -2- estate referred to above, being attached hereto, are hereby incorp- orated herein and expressly made a part of this agreement* crnmT nAT 4 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 re- fusal of the Developer to so perform, or to pay any monies due here- under 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 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 and are subject to final determination upon completion of the work. FACILITY a. Easements & Rights -of -way "On Site ", b. Easements & Rights -of -way "Off Site ", See Stipulation No. 1 c. Street Paving See Stipulation No. 2 d. Street Curbing; D- UPLOPMENT COSTS 0 100% 100 % . 100% 100% v� CITY'S COSTS none none y0 none none e. Sidewalks; 100% none See Stipulation No. 2 f. Street ATame Signs; g, Street Tree Planting & Parkway Improvements; City Code, See Stipulation No. 7 100% h. Street Lighting; 100% See Stipulation No 2 'Alater "On Site" 350.00 See Stipulation No. 3 100' frontage @ $3.50 /f.f. Water "Off Site 5 462.00 2 Acres @ $231 S Stipulation No. 3 & 4 k. Sanitary Sewer "On Site", yp 100% See Stipulation No. 1 1. Sanitary Sewer, "Off site ", ?` 90.00 4500-s.f. @ $0.02 /s.f. m. Storm Drains "On Site "; 100% See Stipulation No. 6 n. Storm Drains, "Off Site ", See Stipulation Ng. 5 -4- Deferred i, none A nnne r: none ;r none dA nano r,, none ,;?___none *DUE CITY BY DEVELOPER DUE DEVELOPER BY CITY MY A 11 0.00 IN WITNESS ?THEREOF, said parties have caused these presents to he executed the date and year first above written. ATTEST: r City Clerk FORM /A P OVED i r; City At orney CITY OF GILROY By I 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. *Does not include building permit fee or water meter charge. -5- GOOD SHEPHERD LUTHERAN CHURCH : HECKER PASS HIGHWAY STIPULATIONS 1) The developer shall construct an 8" VCP sanitary sewer northerly and easterly to the existing sewer in the Northwood Tract at Morey Avenue. All easements necessary shall be acquired by the developer. The City will not maintain that portion of sewer line within the developers ease- ment. City maintenance will begin upon dedication of the sewer line and easement to the City. 2) Should an assessment district be formed to widen Hecker Pass High- way, the developer agrees to either join said district or construct improvements upon notice from the City. Said improvements to consist of, but not limited to, curb, gutter, sidewalk, street lighting and a maximum width of 8 feet of paving. 3) The developer shall provide a water service for the water meter. Should the City be required to provide said service, the cost to the developer shall be for time and materials involved. All fees in this agreement are calculated for only 2 acres and 100 front feet of Hecker Pass Highway frontage. The remaining fees will be paid upon future development. 4) The developer will be required to set a fire hydrant along his Hecker Pass Highway frontage. Should development occur along the south side of the Highway within 10 years from the signing of this agreement, the developer will be reimbursed 2 of said cost. 5) The City agrees to defer the off site storm drain fee until such time as a drainage district is formed and an acreage fee is established. Upon said district being formed developer agrees to pay the offsite storm fees due on his property. 6) All storm drainage onto the State Highway shall have approval from the State. 7) The developer shall provide a landscaping plan to the City. Said plan shall include slope planting and protection. 8) The parking area shown (50 cars) shall be paved under this develop- ment. 9) Parking as shown on the plans is approved for this first unit. Park- ing for future units shall be calculated upon development of the future units. Total building area and total parking spaces required shall be used for each calculation. 10) The proposed sign shall be approved by the Planning Commission sign committee. 11) Developer agrees to provide paving for a decellaration lane or taper off. Hecker Pass Highway as required by the City and the State. 12)AP It is understood that all properties connecting or using said sanitary sewer (as noted in Stip. 1) shall first be annexed to the City of Gilroy, prior to usage of the line. No sewer connections will be made to properties within the county. 13 Reference is made to Stipulation No. 1 above. It is agreed that at such time as City accepts said sewer line easement and maintenance, City shall charge any new developments hooking up to said sewer line a pro -rata share of said sewer line cost and refund that amount to the Good Shepard Lutheran Church. This reimbursement obligation shall not exceed ten (10) years from the date of this agreement. It is further understood by all parties hereto that no such pro -rata charges for said sewer line shall be charged against the lands of Dr. Savin D. Calabrese, who granted an ease- ment to the church across his lands for said sewer line. That in consi- deration of his granting this easement at no cost to the church, the church shall assume the cost of said pipeline across Dr. Calabrese's lands.