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Acker, C.R. and Lucchetti, JohnrROPERTY DEVELOPMENT AGREEMENT AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STRE7TS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES This agreement made and entered into this 3rd day of June , 1968 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and C.g Acker and ohh LL etti a real property owner, developer or sub( 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: South Valley Disposal, Lnc`:, South Alexander St. at Ninth. and, 14HEREAS, 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 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 providing, the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities. NOIJ THEREFORE, 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 follows: 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 As 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 jp See Stipulations, and one of which bonds shall guarantee that faithful 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 k 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. SFCTION5 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. 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 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 ", C', Street Paving See Stipulation d. Street Curbing; See Stipulation DTVrLOPMFNT COSTS 0 100% None yp $ 100 100% CITY'S COSTS 1' d e. Sidewalks; g 100% See Stipulation f. Street Name Signs; V None g. Street Tree Planting & Parkway Improvements; City Code, None h. Street Lighting; 100% If required by P.G. & E. iIater "On Site" None J. Water "Off Site" None k. Sanitary Sewer "On Site ", yp None 1. Sanitary Sewer, "Off site", 179.00 89.5 x 100 X $0.02 r. M, Storm Drains "On Site "; n. Storm Drains, "Off Site`, None -4- i5 d� Div °lr It, 1` ;il DUE CITY BY DEVELOPER DUE DEVELOPER BY CITY Does not include building or water meter fees. $ 179.00 IF WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written, ATTEST: City Clerk CITY OF GILROY DEVELOPER By- By 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. STIPULATIONS 1) The developer agrees to improve his frontage on Ninth Street to City Standards. Improvements to meet the existing street pavement and to consist of, but not limited to, curb, gutter and street paving. Developer agrees to dedicate a 20' property line radius at Ninth and Alexander upon demand from the City. 2) In lieu of stipulation one,the developer agrees to join an assessment district for the improvement of Ninth Street and (if deemed necessary by the City) the improvement of Forest Street along this frontage. In the event that such an assessment district is not formed within two years from the date of this agreement, developer agrees to post bond for the said improvements or construct said improvements upon written notice from the City. 3) Developer agrees to demolish the existing house an Forest Street. Demolition shall be done within one year from the signing of this agreement.. 4) The Developer shall construct a 5 foot sidewalk across his entire Alexander Street frontage upon demand by the City. 5) Development fees in this agreement are calculated on the following premises: a. This area was originally within the early City limits and contained eight lots which are now incorporated. b. This area is not within a storm drainage zone. c. The area has had several houses on it, therefore, the fees are assumed to have been paid.