Castlewood Commercial PropertyPROPERTY DEVELOPMENT AGREEMENT
AGREEIIENT FOR FXTENSIONS OF MATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF S1 REFTS; I'i'bT ILLATION OF SEVERS, STORM
DRAINS AND OlIlER PC 3LIC
This agreement made and entered into this 19th day of May �
19 80 by and between the City of Gilroy, a municipal corporation, herein called
the "City" and _ Castlewood Commercial Property 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 approMal and
acceptance, covering certain real estate known as and called:
12.698 Acres at Southeast Corner of 1st and Wren and.
WHEREAS, the Developer requires certain utilities and public works facili-
ties in ord.�r 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 agrebing to discharge those responsibilities.
NOW THEREFORE. in consideration of the premises and in order to carry on
the intent z!nd 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 concarn-
ing the subject matter of this agreement are hereby referred to and incoroorated
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
and Res. 76 -41 and 76 -47. thereof pertaining to local Improvement procedures in
subdivision or development respectively); Ordinance No. 602 (Subdivision Procedure.
etc.); Ordinance Flo. 71' (Zoning Ord.); Ordinance No. 1768 (1973 Uniform Building
Code); Rules and Regulations. Included in the above are all of the above referred
Lo Codes. Ordinances. Resolutions. Regulations and Substitutions thereof, as
amended to the time of execution of this agreement.
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SECTION 2
The Developer agrees:
a. To perform each and every provision required by the City to be per-
formed by the Developer in each and every one of said Codes, Ordl-
nances 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 estat&.
d. To construct and improve all public works facilities and other Im-
provements 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 furnlsh
two (2) good and sufficient bonds. One shall be executed In the face
amount of no less than 5 6 200 , and shall guarantee the
falthfull performance of this agreement; one shall be executed in an
amount no le--s than 50% of the above mentiGned bond and shall suture
Payment to the contractor. his subcontractors and to persons rentlhg
equipment or furnishing labor or materials to them for the Improve-
ment hereunder, and as provided for In Section 4200 -4210 of the
Government Code of the State of Call(ornia, 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 cost to be borne by the City, shown In Section
7 thereof to be due under the terms and provisions of this agreement.
SECTION 3
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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 pur-
suant 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 re-
ferred to above, being attached hereto, are hereby incorporated herein and
expressly made a part of this agreement.
SECTION b
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 ;)ay
any rrK,nies due hereunder when due shall reIeaSe the City from any and all
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obIkjations hereunder and the City, at Its election, may enforce the perfor-
mance of any provision hereln, or any right accruing to the City or may pur-
sue any remedy whatsoever It may have under the laws of the State of Califor-
nia or the Codes, Ordinances. Resolutions or Regulations of the City, In the
event of any such default by Developer.
TLZ
That the following are the estimated 0mounts of costs to be borne by the
respective parties hereto, and It Is further understood and agreed that sold
amounts are estimated only and are subject Qt. final determinations upon canpla-
tion of the work.
FACILITY
a. Easements 6 Rights
Of way "On $Ite"
b. Easements 4 Rights
of way "Off Site"
DEVELOPNErIT COSTS
$ 100%
C1..,TY161 COSTS BALANCE
$ 0 $ 100%
$ 100% _ 0 = 100%
c. Water "On Site" Wren $ Paid _ 0 Paid
1st 4,403 0 4,41�
1st St. 566' P S7.78 /ft.
d. Water "Off Site" $ 12,774
12.698 Ac. @ $1,006 /ac.
e. Sewer "On Site"
f. Sewer "Off Site"
With Building
Permit
$ 0
-3-
s 0 i 12,774.
s 0 $ 0
$ 0 $ Deferred
g. Storm Dra I na9C S 0
'On Slte"
i
h. Storm Drainage
"Off $Its" S 8,U4 4 $
12.k L8 Ac. @ $3 000 /ac.
i. Engineering, inspoc-
tiont a Plan check,
44 x S 15,000 $ 600 . 0 600
.a
I�
J. Street Tree
Planting i e errred
With 8ulidln
Permit
k. Construction Water.
Oust Control 6
Earthwork 5 Deferred
With Building
Permit
1. Street Paving Wren Paid
1st St. , 35
1st St. 7,924 sq. ft.
@ $0.80 /sq.ft.
m. Street Curb 4
Gutter s Paid
n. Sidewalks
0_ Deferred
0
0 6,139
100% $ 0
o. Street Name Signs $ 100% S -0 f 100 %�
p. Fire Hydrants
"Ott S I tt" s_ 100% e, 0 s 100
-4-
I
i
q. ,Street Lighting $ 100 $ 0 $ 100%
DUE CITY By DEVELOPER $ 620210.00
DUE DEVELOPER BY CITY $ 0
NET DUE CITY $�62.j.� 10.0 00 .
IN WITNESS WHEREOF said parties have caused these presents to be
executed the date and year first above written,
CITY OF G I LROY
ATTEST:
f��lrYru,/
ty Cler
FOR�pROVEO:
�Zell
ty Attorney
DEVELOPER
BY
by
DATE -'1.'i, -4Y t 9 sj-a
NOTE: If Developer is a corporation. the complete legal Aame and corporate
seal of the corporation and the corporate titles of the persons
signing for the corporation shall appear above.
3
I
ss.
COUNTY OF SA17TA CLARA
On this 14th day of May, 1980, before me, a Notary Public, State of Calif-
ornia, personally appeared JOHN M. FILICE, JR. and FRED A. LICO, known to me
to be General Partners of CASTLEWOOD COMMERCIAL PROPERTIES, and known to me
to be the persons who executed the within instrument on behalf of such part-
nership therein named and acknowledged to me that such partnership executed
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
s�EnenEEnnensnnenwssitesneE ®uoeEEnwE�nonwE000®
OFFICIAL SEAL
MI L LI E FISHER
NOTARY PUBLIC CALIFORNIA
= PRINCIPAL OFFICE IN THE
Z COSINTY OF SANTA CLARA
c My Commission Expires January 27, 1981
�lnenoonBnnnnn�FEnee® nnnean!+ n�nEnnn�erEnr�n�a�n�nrP� ►�,,..�r':
% � L--
NOTARY IC
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
No.
Date 5-13 -80
'Initialed S.L.
Location of property an'd-
Assessor's Parcel N Parcel #2 808 -12 -006
Name of Applicant Castlewood Commercial Property
Address
Type of Development Proposed Commercial
Area 12.698 Acres Storm Drain A -1 @ $3000 /acre
Frontage 1 t S r 6 .6 '
Wren Ave. 605.78'
U
COST SCHEDULE
1. Front Foot Water Charges
Wren
1st 566 LF @ $7.78 /F.F.
2. Front Foot Sewer Charges
LF @ /F.F.
3. Front Foot Storm Charges
LF @ /F.F. -
4. Front Foot Street Improvements
Wren 4I�
lst 14'x566'= 792�SF @ $0.80 /S.F. -
5. Front Foot Curb & Gutter Charges
LF @ /
6. Area Water Charge
12.698 Acres a $1006 /Ac. -
Paid
$ 4,403
S 0
$ 0
Paid
$ 6,339
S 0
$ 12,774
7% Area Offsite Storm Drainage Fees
12.698 Acres $3,000 / Acre
8, Offsite Sanitary Sewer Fees
Deferred @ /
9. Recreation Fees
@ / R
10. Engineering Plan Check 6 Inspection
4% x 15,000
H. Water Meter Charge
Meter ..
12. Electrpliers
LF
13. F1 re ,Hydrants
LF @
14. Construction Water
/LF + /Acre-
15. Streets Trees
17.
Total
STIPULATIONS
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Parcel #2
$ 38,094
$ w /bldg.permit
$ N/A
600
$ w /bldg. permit
$ 100
$ 100%
$ w /bldg. permit
$ w /bldg. permit
$
$ 62,210
STIPULATIONS
1) Parcel #1 has no sewer service. The owner /developer of Parcel #2 will
be required to install and maintain an onsite sewer main, from the south
property line of Parcel #2 at no cost to the city.
2) At the time Parcel #1 is developed, sidewalks will be constructed along
the entire frontage of Parcel's #1 and #2 on First Street and along
the frontage of Parcel #1 on Wren Avenue. All the remaining sidewalk
to be installed along the frontage of Parcel #2 on Wren Avenue will be
completed when Parcel #2 is developed.
3) Four Electroliers will have to be installed at no cost to;the City.
Two on First Street to be installed at the'time of development'of Parcel
#1 and two on Wren Avenue to be installed at the time of development of
Parcel #2. All said Electrollers are adjacent to Parcel #2.
4) Locate and properly dispose of wells, septic tanks and fuel storage
facilities, prior to the issuance of any building permits.
NOTE: The capping of any well will require inspection by the Santa Clara
Valley Water District.
5) Complete storm drain plans will have to be reviewed and accepted by
the City prior to the issuance of any building permits.
6) All fees are payable at the then current rate.
7) 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 portion of the site wherein this construction is to take
place.
8) This agreement shall run with the land and be binding upon any successors
in interest.
Accepted By