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Malech, RayPROPERTY DEVELOPMENT AGREEMENT AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES This agreement made and entered into this 20th day of June 19 83 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and RAY MALECH a real property owner develper 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: SIXTH STREET APARTMENTS 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, 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. 80 -58 and 76 -47, thereof pertaining to local improvement procedures in subdivision or development respectfully): Ordinance No. 711 (Zoning Ord.): Resolution 81 -17 (1979 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. -l- 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. 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 $ 22,275.00 , 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 10% of the total contract price (with a minimum amount of one thousand dollars $1,000.00) to cover the one year (1) 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, except cost to be borne by the City, shown in Section 7 thereof to be due under the terms and provisions of this agreement. SR.rTTnN 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. gRrTTnN S 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. -2- 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, 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 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 Engineering Map Checks a) Subdivisons $ + $ (n) Parcel Maps $ + $ (n) n= Number of lots b) Engineering Plan Check and inspection 5% x $ 22,275.00 c) Miscellaneous Engineer Service No. of hours x $ 31.00 2 hours d) Public Works Microfilming $5 /Sheet Maps and Plans -3- DEVELOPMENT COST S n/a $ 1,114.00 $ 62.00 $ -0- e) Fire Hydrant Location Fee $33.00 for first five hydrants + 3.00 for each additional 1 hydrant f) Area Water Charge 0.456 Acres @ $ 1,768. /Acre $ 33.00 $ 806.00 g) Construction Water $ 90 LF @ $0.37/LF + 0.456 Acres @ $13.72 /Acre h) Off -Site Storm Drainage 0.456 Acres @ $1, 094. 00 /Acre Acres @ /Acre i) Front Foot Water Fee 90 LF @ 11.53 LF J) Front Foot Sewer Fee g0 LF @ 9.70 LF k) Front Foot Storm Drain Fee 435 LF @ 16.99 LF 1) Street Paving SF @ /SF M) Curb and Gutter LF @ /LF -4- 40.00 $ 499.00 $ 1,038.00 $ 873.00 $ 7,391.00 $ By Developer $ By Developer n) Galvanized Pole Electroliers $ n/a LF @ $ /LF o) Electrolier Conduit LF @ $ /LF P) Fire Hydrants LF @ $ /LF q) Utility Pole Mounted Electrolier 313 LF @ $ 1.32 /LF r) Easements and Rights of Way "On Site" s) Easements and Rights of Way "Off Site" t) Other -5- n/a $ By Developer $ 413.00 $ 100% $ 100% $ n/a DUE CITY BY DEVELOPER $ 12,269.00 DUE DEVELOPER BY CITY $ -0- NET DUE CITY $ 12,269.00 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. CITY OF GILROY ATTEST: DEVELOPER City Clerk APPROVED n � ty Attorney BY BY DATE 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. -6- State ifornia Ca00 OFFICE OF THE SECRETARY OF STATE I, MARCH FONG EU, Secretary of State of the State of Californi'a, h.ereby certify: That on the 22nd day of July, 1983, pursuant to the provisions of Section 33102, Health and Safety Code, relating to Redevelopment Agencies, there was filed i:n this office: A certi'fi'ed copy of Ordinance No. 83 -10. passed and adopted by the City Council of the CITY OF GILROY on July 18, 1983, declaring the need for a Redevelopment Agency to function i'n sai'd city, and decl ari'ng the City Council of the CITY OF GILROY to be the Redevelopment Agency. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this 1 st dayof August, 1983 V(,t.ivl& qmt� �� Secretary of State IMC -534a WMAM :JLC :ohk 06/22/83 15c E N D C R S, 0 :n the eWm* `f � ieereta of Stop of tt» $to*of C'Worfaa JUL ORDINANCE NO. 83 -10 'MWa&"tmmstate _ S041, e. Byrd Dept AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING THE NEED FOR A REDEVELOPMENT AGENCY TO FUNCTION IN THE CITY, DETERMINING TO PROVIDE FOR PROCEDURES AND EXERCISE OF THE POWERS GRANTED BY THE COMMUNITY REDEVELOPMENT LAW, AND DECLARING THE CITY COUNCIL TO BE THE REDEVELOPMENT AGENCY FOR THE CITY OF GILROY WHEREAS, the Community Redevelopment Law declares that there is, in each community a public body, corporate and politic, known as the redevelopment agency of the community; WHEREAS, The City of Gilroy as a chartered city is such a community and is empowered by said Law to, if it so determines, enact its own procedural ordinance and exercise the powers granted by said Laws, and WHEREAS, said Law further provides that the legislative body of the community may declare itself to be the redevelopment agency and exercise all the rights, powers, duties, privileges and immunities vested by said Law in an agency; NOW, THEREFORE, the City Council of the City of Gilroy does ordain as follows: 1. The City Council hereby declares there is a need for a redevelopment agency to function in the City of Gilroy, to be known as the "Community Development Agency of the City of Gilroy ". 2. The City council hereby reserves the power to its own procedural ordinance or ordinance and to exercise thereunder the powers granted by said Law. 3. The City Council hereby finds that it is best able to serve the needs of the City to implement the Community Redevelopment Law and that by doing so it will serve the public interest and promote the public safety and welfare in an effective manner. Accordingly, the City Council hereby declares itself to be the Redevelopment Agency of the City of Gilroy. 4. The City Clerk is hereby directed to cause a certified copy of this ordinance to be filed in the office of the Secretary of State. 5. Within 15 days, the City Clerk shall cause this ordinance to be published at least once in the Gilroy - Morgan Hill Dispatch, a newspaper of general circulation published and circulated in the City. Introduced this 5th day of July , 1983. Passed and adopted as an ordinance of the City of Gilroy at a regular meeting of the City Council of said City held on July 1R , -1983, by the following vote: AYES, Councilpersons: ALBERT, GAGE, LINK, TAYLOR, VALDEZ and GOODRICH. NOES, Councilpersons: None ABSENT, Councilpersons: HUGHAN ATTEST: Clerk (SEAL) -2- /s/ NORMAN B. GOODRICH Mayor A° I. SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 83 -10 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of July 19 83, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy, this 20th day of July , 19 83 .