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Ross Park Homes, Inc. (2)PROPERTY DEVELOPME4T AGREEMENT AGREEMENT FOR EXTENSIWIS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS; INSTALLATION OF SE1lERS, STORM DRAINS MD OTHER PUBLIC 11ORkS FACILITIES This agreement made and entered into this 4th day of June , 1973 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and Ross Park Homes, Inc. 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: Castlewood Park Unit #7, Tract #5357 and, 1IIEREAS, 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. '401.1 THEREFORE, in cons i .ierat i on. 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, l), 20, 21 and Res. 1474, thereof pertaining to local improvement procedures in subdivision or development respectively); Ordinance ado. 602 (Subdivision Procedure, etc.)Ordi- nance tio. 711 (Zoning Ord.) ; Ordinance `to. 6` 65 0967 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 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 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 improve- ments as set out herein, according to the standards heretofore estab- lished, 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 $ 26!4.000 _ , and one of which bonds shall guarantee that faithful performance of this agreement and the other said This Bond may be bond *shall secure payment to the contractor, his subcontractors and to reduced to $132,000 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, 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 costs to be borne by the City, shown in Section 7 there- of 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 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 5 That the special provisions concerning the particular real estate referred to above, being attached hereto, are hereby incorporated 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 refusal of the Developer to so perform, or to pay any monies due here- .2- 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 E Rights -of -way "On Site ", b, Easements & Rights -of -way "Off Site ", See Stipulation No. 2 c. Street Paving d. Street Curbing; see City Code Sec.26 -12, Table 11 DEVELOPMENT COSTS $ 100% $ 100% $ 100% $ 100% e. Sidewalks; see City Code, Sec. 26 -12, Table II $ 100% f. Street Name Signs; see City Code, Sec. 26 -12, Table 11 $ 100% - 3- CITY'S COSTS $ 0% $ O% 0 $ 0 %. $ 0% $ 0% $ 0% g. Street Tree Planting Parkway Improvements; City Code, $ 100% h. Street Lighting; $ 100% All street lights shall be dedicated to the City i. Water "On Site" $ 100% $ 0% $ 0% $ 0% j. 'later "Off Site" $ 8,888.40 $ _ 0 24.69 Ac @ $360 /Ac. k. Sanitary Sewer "On Site' $ 100% $_ 0% , 1. Sanitary Sewer, "Off Site" $ To be Paid $_, O% with each building permit. 103 Lots @ $160 /lot __See Stipulation No. 1 and 3 m. Storm Drains 'On Site $ 100% $ 051, _ n. Storm Drains, 'Off Site`' $—J-6,665.7; $ n 24.69 Ac @ $675 See Stipulation kmt No. 1 o. Engineering, Inspection Plan Check 3.5% x $ 264,000 $ 9,24o.00 -4- DUE CITY BY DEVELOPER DUE DEVELOPER BY CITY $ 34,794.15 �R� 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 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. -5- 1 Jr �jy"''� �'�rrrrcrrr� DEPARTMENT OF PUBLIC WORKS (fit #g of (1 -tray 7377 Church Street, P. O. Box 66 GILROY, CALIFORNIA 95020 S T I P U L A T 1 0 N S ROSS PARK HOMES, INC. CASTLEWOOD PARK UNIT # 7 TRACT # 5357 Telephone 842 -9322 WILLIAM K. HENRY DIRECTOR OF PUBLIC WORKS CITY ENGINEER 1) The City agrees to reimburse the developer for that portion of offsite sanitary sewer and storm drain extending from the subdivision easterly to the existing mains at Fourth Street and Santa Theresa Drive. Said reimbursement shall be made at such time as any fronting property owners (other than the developer) tie to either the main and the City collects the front footage fee. Reimbursement shall be at the prevail- ing reimbursement rate at the time of connection. This stipulation shall expire 10 years from the signing of the agreement. No reimbursement will be made after that date. 2) The developer shall provide the City with all required off -site easements at no charge to the City. 3) Should any other development connect a sewer line which flows into the sanitary sewer to be constructed through the El Roble School property to the City agrees to charge the property a pro -rata share of the cost of the E1 Roble School -Santa Theresa Drive sanitary sewer. Said charge shall be reimbursed to the developer at such time as the City collects the fee and shall be based on the then current prevailing reimbursement rates. It shall be based upon the following formula: Lots to be developed X Cost of line based = Reimburse - Total possible lots to be served upon prevailing ment to by School sanitary sewer line. reimbursement rate developer This reimbursement stipulation shall expire ten years from the signing of this agreement.