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Drewitz and FortinoI Boo- i! / PROPERTY DEVELOPMENT AGREEMENT AGREEMENT FOR FXTENSIONS OF MATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF SIREFTS; I'1'1 ILLATION OF SEVERS, STnRM DRAINS AND 04HER PG3LIC FACILI;''E; This agreement made and entered into thisl6th, day of June 1980 , by and between the City of Gilroy, a municipal corporation, herein cAl,led " a the "City" and Drewitz and Fortino , a.real property .owner, developer or subdivider, herein called the "Developer." WITNESSEETH: OHEREAS, a final map of subdivision, record of survey or building pqmit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate known as and called: 0.541 Acres on Sixth Street, 2001 + West of South Valley Freeway 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, 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 aid 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 z:nd purpose of said Codes. Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION l 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 No 602 (Subdivision Procedure. etc.); Ordinance Mo. 71' (Zoning Ord.); Ordinance No. 1788.(1973 Uniform Building Code); Rules and Regulations. Included in the above are all of the above referred �o Codes. Ordinances, Resolutions, Regulations and Substitutions thereof. as amended to the time of execution of this agreement. -1- SECTION 2 The Developer agrees: a. To perform each and every provision required by the City to be per- formed by tiie 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 tiny contractor or subcontractor of the Developer, or any employee thereof, shall do in grading or working upon said real estates. 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 52_3,00 and shall guarantee the falthfuil performance of this agreement; one shall be executed in an amount no lees than 50% of the above mentioned bond and shall sacure 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 Cade of the State of California, the Codes. Ordinances. Resolutions and Reyulations 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 prov1slcH95 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 a l l the provisions of this agreement and a l l work to be done pur- suant to the-terms of t h i s 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. SECT1011 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, neylect or rt!lt.isal of tilt: Developer to s6 perform, or to !,)ay any non i es dui, herclinder when due shall re IeaSe the City t rom any an t a 1 1 obligations hereunder and the City, at Its election, may enforce the perfor- mance of any provision herein, or any right accruing to the City or may pur- sue any remedy whatsoever It may have under the laws of the State of Callfor- nla or the Codes, Ordinances, Resolutions or Regulations of the City, In the r, event of any such default by Developer. SECTION 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 area subject ot.final determination upon eomplo t l on of the work. FACILITY DEVELOPMENT COSTS CITY'S _. COOSSTSS BALANCE a. Easements 6 Rights of way "On S I te" S 10 .,..�......... :0- Inn2 ...�.. b. Easements 6 Rights of way "Off Site" 100% 5 -0 S.js %.......... c. Water "On Site" 74' @ $12.88 /Ft d. Water "Off Site" 0.541 Ac @ $1006 /Ac e. Sewer "On Site" S 953' -0- $ 95� ........,...� $ 544 S -0- $ 544 s waived --0 $ waived (See Stip #2) f. Sewer "Off Site" $ deferred with building permit -3- s -0- $ deferred g. Storm Drainage "On 51te" 18" - 73.1'x $5.90 /ft h. Storm Drainage "Off Site" 0.541 acres x $759 /acre $431 _ $ 411 1. Engineering. Inspec.- tlon. & Plan Check, 4% x $ 230--- -mo0 ____ $ 92 J. Street Tree Planting With Bulidln Permit k. Construction Water, Dust Control Earthwork $ pe erred S 14 ,(74,x oj5Zjt) +(n_541 Ac x $5.65/ac) 1. Street Paving m. Street Curb 6 Gutter } n. Sidewalks o. Street Name Signs p. Fire Hydrants "On Site" 741 x $2.68/ft 100% b -0 s 100% $Waiv d S 100 S -0- $ 100 c 198 -4- q. Street Llghtirig $ Deferred $ -0- $ Deferred DUE CITY BY DEVELOPER $ 2643 DUE DEVELOPER BY CITY $ _0_ NET DUE CITY S 2643 IN FITNESS WHEREOF, said parties have Caused these presents to be executed the date and year first above written. CITY OF GILROY ATTEST: �lrt City Clerk— FORM City At DEVELOPER BY . BY DATE L - NOTE: If Developer Is a corporation. the complete legal game and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. I, CITY OF GILROY DEVELOPMENT COST SCHEDULE No. Date 5 -14 -80 'initialed S. L. Location of property Sixth Street, 200' + West of South Valley Freeway Assessor's Parcel # 841 -10 -042 Name of Applicant Drewitz & Fortino Address 7145 Potomac Place, Type of Development Proposed R -3 Area 0.541 Acres Storm Drain C =$759 / Acre Frontage 74'Sixth Street COST SCHEDULE 1. Front Foot Water Charges 8" 74 LF @ $12,88 /F.F. 2. Front Foot Sewer Charges LF @ /F.F. 3. Front Foot Storm Charges 18" 73.1 LF @ $5.90 /F.F. 4. Front Foot Street Improvements SF @ /S.F. 5. Front Foot Curb 6 Gutter Charges LF @ 6. Area Water Charge $ 953 $ waived (see Stp #2) $ 431 $ waived (see Stip #1) q 100% 0.541 Acres @$1006 /Ac. - $544 7., Area Offsite Storm Drainage Fees 0.541 Acres 759 / Acrp w 8, Offsite Sanitary Sewer Fees @ / w 9. Recreation Fees @ / w 10. Engineering Plan Check Insporptlon 4% x Woo_, ■ 11. Water Meter Charge Meter S 12. flectr9liers LF 13. Flre,Hydrents 74 LF @ $2.68 w 14. Construction Water (74) .15 AF t (0.541�.65/Acre+ 15. Streets Trees $ 411 $With Bldg. Permit $With Bld . Permit 0 92 S With Bldg Permit $ Deferred 4 198 $ 14 Q . vith Bldg Permit 16. 17' ' $ Total $ STIPULATIONS 6•I �_ $� -2- X T H ST R E ET F13 N. 70* 0 0' E 345-84 I CA - 74 00 118-33 I LA 40 N 76, 00' N-70 0 0 ' a 18 6.77 100-00 4 o6,,, 111, 77 oar SITE 7� 0 Op < 0 ,, �� ;.,\\ 0 tp 4- rn 0 0 UA 0 0 ow, 10 6 % Vicinity Map Drewitz/Fortino R.M Li STVPULATIONS Drewitz / Fortino Agreement 1) Resurface Sixth Street along the property frontage. Resur- facing shall provide at least 1 1/2 inches of asphalt overlay. Because of this extensive paving the City will not charge the Devel- oper for the existing pavement. 2) Replace the existing 6" sewer line with an 8" sewer line. (An 8" sewer line is the minimum size required by the City). With this, the City will waive the fees for the existing sewer. The owner will be reimbursed for the sewer line outside its boundary at the time of development of the adjacent property to the east. 3) Install curb, gutter and sidewalk to City standards along the entire frontage. 4) All fees will be paid at the then current rates. 5Y Before construction utilizing combustible materials may proceed, an all weather access must be provided to within 150 feet of the building site; and at least one in service Fire Hydrant must be available within 500 feet of each portion of the site wherin this construction is to take place. Accept