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Stelling, John*19t DEVELOPMENT AGREE AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVETT.TNT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES This agreement made and entered into this 1st day of April , 1968 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and John Stel l ing , 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: Loma Orchard Tract 4466 Unit 1 and, t °HEREAS, 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 and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities and after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities. NO?J THEREFORE, in consideration of the premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolut- ions 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 concerning the subject matter of this agreement are here- by referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances and Regu- lations 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 -1- ,­AS 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. R7nT'TnT�T 7 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 P 23,000 , 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 subcontr ^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 done 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. SECTION 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, 'GSA OTT TMNr DFV'rLOPMFNT COSTS CITY'S COSTS a. Easements & Rights -of -way "On Site ", 0 100% P, b. Easements & Rights -of -way "Off Site ", c. Street Paving See Calculation Sheet 100% $_ 2,384.34 d. Street Curbing; 100 —3— a U e. Sidewalks; 100 %. f. Street Name Signs; 3 100 g. Street Tree Planting & Parkway Improvements; City Code, 100 h. Street Lighting; 100 Electroliers shall become the property of the City irdater "On Site" 1,45 3,643.31 See Calculation Sheet Water "Off Site" ;5 669.90 2.90 Acres @ $231 / Acre 0 a tir k. Sanitary Sewer "On Site", 2,337.60 �$ See Calculation Sheet 1. Sanitary Sewer, "Off site",` To be collected upon issuance of each building permit M, Storm Drains "On Site "; 100% �. n. Storm Drains, "Off Site ", 1.2586b ti 2.90 Acres @ 434.00 -4- •ip „� u.as DUE CITY BY DEVELOPER 10,293.75 DUE DEVELOPER BY CITY %Does -not include water meter, sanitary or recreation fees and charges. IF 1JITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written, ATTEST: ZL. J r City Clerk FORM !,>' R OVED : r Fl City At< orney f CITY OF GILROY y ? �Byy NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of th6 persons signing for the corporation shall appear above. STIPULATIONS 1. The developer or his assigns hereby agree to extend Seventh Street from its existing terminus on Princevalle Street westerly to Miller Avenue. The street shall be constructed at such time as property along this proposed alignment develops. 2. Developer or his assigns agree to accept drainage from lots 12, 13, 14, and 15 on Orchard Drive on to his property to the south of the subdivision. It is under- stood that the-valley gutter to be constructed at 6th Street is temporary in nature and may be eliminated upon the extension of Orchard Drive to 7th Street (provided also that the storm drain has been constructed along Seventh Street) 3. Developer or his assigns agrees to grant to the City a 10 foot storm drain easement and a temporary work easement for the construction of the Seventh Street storm drain from Princevalle Street to Miller Avenue. Said easement shall be granted to the City within (90) ninety days from the signing of this agreement. 4. The developer will be allowed to delay paving on Miller Avenue until such time as the property on the westerly side of Miller Avenue developes or upon demand from the City, at which time the developer shall pave this portion or may elect to deposit a cash payment for said pavement based upon the rate of 0.30 per square foot. Paving involved shall be from the end of curb radius southerly to the tract boundary. -5- { . ..w LOMA ORCHARD TRACT 4466 UNIT NO. 1 CALCULATION SHEET CITY DEVELOPMENT FEES 1. Streets (Existing Charge) (a) 6th Street 8 1/2' @ 0.30 = $2.55 / F.F. 1038.93' L.F. @ $2.55 (- 10%) = 2,384.34 2. Water Main (a) 6th Street (On s.'t.te.existing) 1038.93 L.F. @ $3.50 / F.F. (- 10%) = 3,272.62 (b) Miller Avenue (on site existing) 117.68 L.F. @ $3.50 / F.F. (- 10%) = 370.69 (c) Off Site 2.90 Acres @ $231.00 / Acre = 669.90 3. Sewers (a) 6th Street 1038.93 L.F. @ $2.50 / F.F. (- 10 2,337.60 4. Storm Drains 2.90 Acres @ 434.00 / Acre = 1,258.60 Total Offsite and Onsite Fees Due City 10,293.75