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Nowakowski, Michael E.qf r. « < i PROPERTY DEVELOPMENT AGREEMENT AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES #83-27 This agreement made and entered into this 5th day of March 19 84, by and between the City of Gilroy, a municipal corporation, herein called the "City" and MICHAEL E. 'NOWAKOWSKI_ , 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: Assessor's Parcel No. 841 -17 -026 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. cvr-rrnN 9 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 $ 15,000.00 , and the other shall be executed in an amount no less than SOY 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. • QRCTTnN 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. CRCTTnN S That the special provisions concerning the particular real estate referred to above, being attached hereto, are hereby incorporated herein $nd expressly made a part of this agreement. -2- nI--r na If 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. —,.mT— , 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 $ 15.000.00 c) Miscellaneous Engineer Service No. of hours x $ 31. 00 2 hours d) Public Works Microfilming $5 /Sheet Maps and Plans 2 sheets -3- DEVELOPMENT COST $ n/a $ 750.00 $ 62.00 $ 10.00 e) Fire Hydrant Location Fee $ 33.00 $ 33.00 for first five hydrants + 3.00for each additional 1 hydrant f) Area Water Charge 0.53 Acres @ $1808.00 /Acre $ 958.00 g) Construction Water $ 340 LF @ $0.40 /LF + 0.53 Acres @ $14.89 /Acre h) Off -Site Storm Drainage 0.53 Acres @ $1,187.00 /Acre Acres @ /Acre Area "D" i) Front Foot Water Fee 340 LF @ $16.46 LF J) Front Foot Sewer Fee 340 LF @ $11.85 LF k) Front Foot Storm Drain Fee 340 LF @ $18.43 LF 1) Street Paving SF @ /SF m) Curb and Gutter LF @ /LF 144.00 $ 629.00 $ 5,596.00 $ 1,825.00 $ 6,266.00 $ waived See Stipulation No. 10 $ By Developer n) Galvanized Pole Electroliers LF @ $ /LF o) Electrolier Conduit LF @ $ /LF p) Fire Hydrants LF @ $ /LF q) Utility Pole Mounted F.lectrolier 340 LF @ $ 1.43 /LF r) Easements and Rights of Way "On Site" s) Easements and Rights of Way "Off Site" t) Other -5- $ n/a n/a $ By Developer $ 486.00 1000 100% S -0- DUE CITY BY DEVELOPER $ 16,759.00 DUE DEVELOPER BY CITY $ -0- NET DUE CITY S 16.759.00 IN 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 APPROVED BY BY U'V�XiL DATE ity Attorney 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- STIPULATIONS MICHAEL E. NOWAKOWSKI AGREEMENT 1. Locate and properly dispose of any wells, septic tanks and underground fuel facilities. NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 3. All work within the public right of way shall be subject to the approval of the City Engineer. 4. Install curb and gutter to City standards along the entire property frontage. 5. All fees shall be paid at the rates in effect at that time. 6. 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 por- tion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. 7. This agreement shall run with the land and be binding upon any successors in interest. 8. The assignment of this agreement by the developer to another party shall require prior approval of the City Council. 9. Electroliers shall be installed on wood utility poles on Renz Lane frontage. 10. Resurface Renz Lane along the property frontage. Resurfacing shall provide 1z inches of asphalt overlay. 140TE: Because of extensive paving, the City will not charge the developer for existing pavement. � s Accepted by: rlC Title:L9�r'� t Date:- ,��