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Morton, BenPROPERTY 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 7th of April , 19_69 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and Ben Morton , 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: Tierra Del Roble Tract 4678 Unit No. 1 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 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 I 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 12 A, 19, 20 and 21 thereof pertaining to local improvement procedures in subdivision or development respectively); Ordinance No. 602 (Subdivision Procedure, etc.); Ordinance No. 711 (Zoning Ordinance); Ordinance No. 693 (1961 Uniform Building Code); Rules and Regulations. Included in the above are all of the above referred to Codes, Ordinances, Resolutions, Regulations and Substitutions therefor, as -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 y? 38„opos , 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 subeontr ^ctors 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 cone 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. S7CTIONIL 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. 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 ", See Stip. No. 1 b. Easements & Rights -of -way "Off Site" , See Stip. No. 2 c. Street Paving d. Street Curbing; See Stip. No. 3 D7Vr'LOPMFNT COSTS CITY'S COSTS > 100 % a None $ 0% i; 100% 100 100 e None None e. Sidewalks; 100% None . See Stip. No. 3 f. Street Name Signs; g. Street Tree Planting & Parkway Improvements; City Code, , 100% ni--- $ 100% Nom_ h. Street Lighting; � 100% $ None Electroliers shall become the property of the City - i!% 1,190.00 ater "On Site" ,� � - - -- __ -- Cpa rn 1 r chaAf- See Stipulation No. 4 1,11'ater "Off Site 1.21.68 Nnne See Calc. Sheet k. Sanitary Sewer "On Site", 100% v - See Stip. No. 4 1. Sanitary Sewer, "Off site ".. 100% None 10 .00 /Lot upon issue of each Building Permit m. Storm Drains "On Site "; 100% None n. Storm Drains, "Off Site ", 1,653.64 ?; - See Ca1c. Sheet Zone B See Stip. No. 5 -4- DUE CITY BY DEVELOPER DUE DEVELOPER BY CITY $ 4=063.32 See Stipulations IN IJITTTESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEST: City Clerk FORM ,,*R OVED : e City Attorney i, CITY OF GILROY DEVELOPER By, S VOTE: 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- CITY OF GILROY STIPULATIONS TIERRA DEL ROBLE Tract 4678 Unit No. 1 1) The developer agrees to reserve Lot 9 for a future street connection to the south. Developer agrees to furnish the City with an improvement bond in the amount of $3,800 to cover the street construction across this tot and also to dedicate the required right of way should the street be required. Should the property to the south develop in such a manner that this street is not required, the City agrees to release the bond and approve the lot for building purposes. This stipulation shall be reviewed two years from the date of execution. 2) The developer agrees to grant to the City a 10 foot wide public utilities easement along the southerly line of the property to the west shown on the Tract Map as "Not a part of this subdivision ". Reasonable construction right of way shall also be granted. This requirement is necessary in order to extend utilities from the subdivision to property to the west. City agrees to construct all required utilities within this easement within an 18 month period from execution of this agreement. 3) Should Lot 9 develop as a building site, the developer shall complete the street construction. 4) The City shall reimburse the developer for the cost of approximately 188 L.F. of 8" V.C.P. sanitary sewer and approximately 182 L.F. of 8" C.I.P. water main and valve along the westerly line of Lot 8. All prices shall be based on the low bid and approved by the City. Progress payments shall be made by the City for this work. 5) The City shall reimburse the developer for the cost of approximately 780 L.F. of 24" R.C.P. along Wren Avenue (shown as section "B" on the plans) and approximately 385 feet of sanitary sewer along Wren Avenue from the Tract to Welburn Avenue. All prices shall be based on the low bid and approved by the City. Progress payments shall be made by the City for this work. TIERRA DEL ROBLE TRACT 4678 UNIT NO. 1 ON SITE FEES 1) water 12" Exist. Main (13" charge) Wren Avenue 340 L.F. @ $3.50 /F.F. 1,190.00 2) Pavement City pays for 11' center strip 1/2 street - 33' to F.C. 33' - 5.5' a 27.5' less 2' gutter - 25.5 N. No Charge 25.5' to 26' being constructed. OFF SITE FEES 1) Storm Drains 5.28 Acres @ $313.19 /acre 1,653.64 2) Water 5.28 acres @ $231 /acre 1,219.68