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L & L Enterprises - PDAW ' NO FEE per GC Sec. 6103 Al PROPERTY DEVE'LW ENT Ar-P 2 37 " AGREEMENT FOR FXTE!'r ON;S OF 1,1ATER DISTRIP!JTION SYSTEMS: IMPROVEMEMT OF STRE:: S; I'ISTALLATIPM OF SEDERS, STORM DRAINS AND OTHIER PUP =LIC W„GRKS U- iCILITIES This agreement made and entered into this 5thday of July 1977, by and between the City of Gilroy, a municipal corporation, herein called the "City" and L & L F to =rises , a real property owner, developer or subdivider, herein called the "Developer." WITNESSETH: 1!HER£AS, 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: Parkside Apartments 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, 1114ER,'M , 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 7E -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- SECTION 2 The Developer agrees: H 38 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 $ 6,000 , 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-theterms 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 b 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,- negiect or refusal of the Developer to s6 perform, 6r to pay any monies due hereunder when due shall release the City from any and all -2- ~~°�N� ~° obligat�ony hereonoer .md the l?tty, xuyy mnfo/oo the perfor- mance, OF any nrnvisimr h�~,\��, or an,; rccruln� to the City or may pur~ sum any remedy whatsopver 't havo undc, the' laws of the State of Califor- nia, or the Codes, Ordinances, Kesol tit ions or -le3ul6tlons of the City, in the event of any such default- by 8eveioper. ThaL the fo/!cu/in� are �h� estim��ed �mounts of �osts to be borne by the r�spect�v� part7es hereto, and it is further understood and a­rerd that said amuunill-s zre estkmatad only and are subject uL fint�i c(.etcrnfna�'on upon cVmmle~ �ion of the C D`[L8PME�qF OST6 CITY'S COSTS -_ V a. [��en,cnts S Ri2hts cF way `Y>n Site` t I00% � -O- b. Easerents & Rights '----- te � IUO% d, vaier "Off gite/ 2,396.29 See Calc Sheet e. 3pwer `/0n Site I00% -'---'—'--------------- "Off Site" Defe d With Building Bazmdt ---`--~------------- ~�- O 0 � -O- - U O- F��LANCE 100% 100% �, I00% _ * 100% , Deferred i .g. Storm Drainage "On Site" See Stipulations #S F #6 -1 At) 01 h. Storm Drainage "Off Site" $ 1,486.37 See Cost Schedule $ -0- $ 1000 H 2pi.e 40 $ -0- $ 1,486.37 i. Engineering, Inspec- tion, s Plan Check, 4% x $ 6.000 $ 240.00 $ -Q0. $ 240-00 See Cost Schedule J. Street Tree Planting $ Deferred $ -0- $ Deferred With Building Permit k. Construction dater, Dust Control Earthwork $ 77.21 $ -0- $ 77.21 See Cost Schedule 1. Street Paving $ 100% $ -0- $ 1000 m. Street Curb Gutter $ 1000 $ -0- $ 100% n. Sidewalks $ 100% $ -0- $ 100% c. Street dame Signs $ 100% $ -0- $ 100% p. Fire Hydrants "On $ 100% $ -0- $ 100% Site" -4- q. Street Lighting Sy ION See ,stipulation #2 r� -0- tHl 11 2E'!ct. 41 1�Oo DUE f.rY BY DEVELOPER $ 4,199.87 DUE DEVELOPER dY CITY $ -0- NET DUE CITY $ 4,199.87 IN WITNESS WIIERF_OF, said parties have caused these presents to be executed the date and year first above written. ATTEST: city c P FO APPROVED: City t orney CITY OF GILRDY DEVELOPER 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. -5- (Partnership) 24)...�; 42 STATE OF CALI ORNI �a SS. COUNTY OF On before me, the ndersigned, a Notary Public in and for said State, personally appeared __ W C W known to me X to be(aX C elril+e partners of the partnership L wthat executed the within instr ryt, and acknowledged to me that such partnership execut rthe same. feqn- NOTARY OFFICIAL SEAL WITNESS my and ial seal �r CYNTHIA J. OTEARY I° Y PUBLIC - CALIFORNIA A V ®1% PRINCIPAL OFFICE IN Signature — • ✓. SANTA CLARA COUNTY _ - 0 My Commission Expires JULY 12, 1983 Name (Typed or Print ) �i�0� ®1• ® ®� ® ®� ®I! ®� ®�oii•� ®�O•��r�10 7"' C. 74vQ IZI 'F4l'ED Zh REC. FEE P 4FFIC jkt RECORDS MICRO p¢ C', IRI G i1NTY LIEN NOTECt�RUER sPF H 2 37 74561`:: r N ^'= 43 q. Street Lighting $ 1000 -0- $ 1000 See Stipulation #2 DUE C.rY BY DEVELOPER $ 4,199.87 DUE DEVELOPER BY CITY $ -0- HET DUE CITY $ 4,199.87 IH WITNESS !THEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEST: ity Clerk FO PPROVED: City f%T t ney CITY OF GILROY Ma City dm n trator DEVELOPER 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. -5- N 2��cr 44 q. Street Lighting $� 1004') 100 r 100 See Stipulation #2 DUE rJY BY DEVELOPER $ 4,199.87 DUE DEVELOPER BY CITY $ -0- NET DUE CITY $ 4,199.87 IPt WITUESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. CITY OF GILROY ATTEST: City,-Cle.Ok FO APPROVED , , City t orney DEVELOPER DATE r NOTE: If Developer is a corporation, the complete legal Flame and corporate seat of the corporation and the corporate titles of the persons signing for the corporation shall appear above. -S- H 4 ADDITIONAL STIPULATIONS AND TERMS TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND L & L Enterprises DATED July 5, 1977 1. The owner shall dedicate a 52 foot strip along his Church Street frontage and improve said frontage to city standards. 2. Improvements to the property frontage shall include 5 foot monolithic sidewalks and three electroliers. 3. A dedication of residual land to be incorporated in the city park system. 4. Dedications shall be completed prior to issuance of the building permit. 5. All fill material within the building sites, parking lots and driveways 4hall be removed and compacted to 90% relative density. The owner is reminded that this area has been subject to flooding from the water shed areas north and westerly of this project. To protect the project masona ry walls, mounding and driveways should be elevated to no less than 204.00 feet. Design of this magnitude will protect the property durirg most periods of heavy rainfall, however when Miller Slough is filled to capacity the 'onsite catchbasins will not function since they are at a grade which is lower than the anticipated water surface in the slough. Periods of heavy rainfall will occur during the life of these structures but flooding should subside within a few hours. The city assumes no liability for damages arising from litigation due to flooding, water damages, loss of life, personal property or damages for relocation or temporary shelter. The owner or his assigns agree to assume all liability stated above. 6. The owner shall provide a raised levy or masons ry wall along the Miller Slough and along the westerly property line to intersect with the existing mound. To protect the property from flooding and erosion, the masonary wall shall be built at a minimum elevation of 204.00 feet. 7. Entrance driveways shall continue to rise above the back edge of the sidewalk to protect the property from potential flooding from the street. SIGNATURE z H 2�!c A.DDITIMAL STIPt LATI(I " ?S Ai,') TERI -IS TO TqE DEVELOPMENT !tG cFE'? - . BETPEE74 THE CITY M0 1, u L enterprises DATFO July S, 1977 1. The owner shall dedicate a 52 foot strip along his Church Street frontage and improve said frontage to city standards. 2. Improvements to the property frontage shall include 5 foot monolithic sidewalks and three electroliers. 3. A dedication of residual land to be incorporated in the city park system. 4. Dedications shall be completed prior to issuance of the building permit. 5. All fill material within the building sites, parking lots and driveways *hall be removed and compacted to 90% relative density. The 'owner is reminded that this area has been subject to flooding from the water shed areas north and westerly of this project. To protect,the project masonry walls, mounding and driveways should b 'elevated to °:no less than 20+.00 feet. Design of this magnitude will> protect the property durirg most periods of heavy rainfall, hover when Miller Slough is filled to capacity the .onsite catchbasins will not function since they are at a grade which is lower than the anticipated water surface in the slough. periods of heavy rainfall will occur during the life of these structures but flooding should subside within a few hours. The city assumes no liability for damages arising from litigation due to flooding, water damages, loss of life, personal property or damages for relocation or temporary shelter. The owner or his assigns agree to assume all liability stated above. 6. The owner shall provide a raised levy or masonary wall along the Miller Slough and along the westerly property line to intersect with the existing mound. To protect the property from flooding and erosion, the masonary wall shall be built at a minimum elevation of r 204.00 feet. 7. Entrance driveways shall continue to rise above the back edge of the sidewalk to protect the property from potential flooding from the street. SI94ATURE CITY OF GILRGY 0P E'"MFIENT COST SCHHEDULE Location of property 8587 N. Church Street N "r= 47 M Date June 16, 1977 Initialed Assessor's Parcel # 790 -26 -11 & 12 & 13 & 14 Flame of Applicant Willard and Frisoni Address ,- Type of Devel,cpment Proposed R -3 Area 2.383 AC Net Storrs Zone B $624.00 Frontage 424.98 A;D, = Improvements installed with Assessment District COST SCHEDULE 1. Front Foci: Hater Uorges LF @ /F. F. = $ A. "D. 2. Front Fuot Sawer Charges LF @ /F.F. = A.D. 3. Front foot Store Cba rges 4. Front Foot Street Improvements SF P / S.F. = .D' 5. Front Foot curb & gutter charges LF @ / _ $ A.D. 6. Area Ilater Charge 2.383 Acres 0 $1006 /Ac. _ $ 2,396.29 LF @ _ $ by owner 13. Fire Hydrants LF @ 14. Construction Water 424.98x.15 /LF + /Acre =63.75 + 13.46 $ 77.21 15. Street Trees @ _ $ w /bldg. permit 17. _ $ Total = $ 4 144 R7 STIPULATIONS -2- y P`'G Q C 419 7. Area Offsite Storm Drainage Fees 2.382 Acres @ $624, /Acre = 1,486.37 8. Offsite Sanitary Sewer Fees 48 units @ $380 / unit = $ deferred payable 7/bldg. 9. Recreation Fees permit @ $80, for 1 st / + $54 ea Add' 1 $ deferred 10. Engineering Plan Check & Inspection 4% x 6,000 = $ 240.00 11. 'Hater Meter Charge 2- 311 Pieter @ $500 ea = $ w /bldg. permit 12. Electroliers LF @ _ $ by owner 13. Fire Hydrants LF @ 14. Construction Water 424.98x.15 /LF + /Acre =63.75 + 13.46 $ 77.21 15. Street Trees @ _ $ w /bldg. permit 17. _ $ Total = $ 4 144 R7 STIPULATIONS -2-