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Filice Estate Vineyard - PDA Amendedk Susanne E. Steinmetz,CityClk NO FEE PER GC SEC 6103 City of Gilroy 9749798 7351 Rosanna Street Gilroy, CA 95020 Amk;NDED DEVELOPMENT AGREEMENT K 5 9 _ -5PAGE2 14' v ADDITIONAL TERMS AND STIPULATIONS TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND FILICE ESTATE VINEYARDS RANCHO REAL TRACT 7350 APRIL 25, 1988 1. The developer agrees to comply with the requirements of the Rancho Real Parcel Map 506/47 by providing temporary fire protection facilities and by designing and installing a permanent water main to serve the present and future Rancho Real Area homes. Construction of the water main shall be completed before October 15, 1988. Other work to connect existing and proposed homes must be completed concurrently. 2. The developer shall design the water trunk main to be installed beneath future streets. Within the future street section a temporary access road twelve feet wide shall be constructed with compacted subgrade, six inches of class two baserock and oil and screenings. The developer may also choose to construct the future street to the ultimate grade and width. The developer understands the future design and grade of the streets within the undeveloped project area may require extensive cut and fill sections and a temporary street section may be destroyed. 3. The developer shall provide pressure reduction devices on each existing home that is served by the existing temporary water system before the Zone III water connection is completed. Other than homes within Parcel Map 506/47, it shall be the City's responsibility to obtain the authorization from each homeowner to install said pressure reduction devices. 4. The developer shall participate in the cost of the Zone III Water System and shall include all existing units in the calculation. Participation shall be limited to Parcel Map 506/47 units. Additionally, Developer has agreed to participate in the Zone II water system as to Developer's tract #7350. 5. All new lots to be served by the said water main outside of developer's future Rancho Real Subdivision shall pay a pro rata share of the cost of the said water main and all costs to retrofit existing homes as provided in paragraph 3 above as determined by the City prior to connection to the said water system. Notwithstanding the foregoing, the City shall only be obligated to collect said prorata share of costs from lots which are covered by existing participation agreements with the City and undeveloped lots which the City can impose conditions of development including collection of the said costs. 6. Developer shall not be held responsible for any delays relative to the Zone III water system to be installed by Country Club Estates or any delays in the nature of "force majeure ", provided that developer is acting in good faith to complete its obligations as herein stated. Cn Q c -n Dated: (-R ` "/-- St, DEVELOPER C�.L*-AJ -r 01� NO FEE . cis M Cn � r �; r ¢ C> -fN CX:) rl GENERAL ACKNOWLEDGMENT State of 4_-0 « yr ✓� ` `� SS. County of'� NO. 201 On this the day of TUA 19 4-6, before me, � ,�.'l � Ike �� � �1�4•.�e.n s , the undersigned Notary Public, personally appe& �, rk t 9 .5PGGE21�A,4 personally known to me ❑ proved tome on the basis of satisfactory evidence SAN T to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. My Come. Exn. Apr. 19. 139, � /� WITNESS mvJxa�ld d Q vial seal. ,I gnature 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91365 -4625