South County Development Corporation and Castlewood ParkPROPERTY DFVELOPNENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; IN STALLATIL'l OF SEt,IERS, STORM
DRAINS AND OTHER PUKIC WORKS FACILITIES
This agreement made and entered into this 4th day of April
19 7; by and between the City of Gilroy, a municipal corporation, herein called
the "City" and _ South Countv- Castlewood A Joint Venture a real property owner,
developer or subdivider, herein called the "Developer."
WITNESSETH:
HHEREAS, 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 #10
and,
WHEREAS, 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,
11HEREAS, 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 conc--rn-
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. 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 No. 711 (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
ar;rended to the time of execution of this agreement.
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11
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, Ordi-
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 estate.
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 furnish
two (2) good and sufficient bonds. One shall be executed in the face
amount of no less than $ 365,000 , and shall guarantee the
faithfull performance of this agreement; one shall be executed In an
amount no lees than 50% 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 improve-
ment 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.
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.
SECTIM 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 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 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 hereunder when due shall release the City from any and all
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obligations hereunder and the City, at its election, may enforce the perfor-
mance of any provision herein, 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.
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 of final determination upon comple-
tion of the work.
FACILITY
a. Easements & Rights
of way "On Site"
DEVELOPMEUT COSTS
$ 100%
b. Easements & Rights
of way "Off Site" $ 100%
c. plater "On Site"
See Cost Schedule
d. hater "Off Site"
See Cost Schedule
e. Sewer "On Site"
See Cost Schedule
CITY'S COSTS
$ -0-
M
S -0-
$ 2,628.34 $ -0-
$ 20,008.33 $ -0-
$r 1,849.15 $ -0
f. Sewer "Off Site" $ Deferred
With Building Permit
-3-
BALANCE
100%
$ 100%
$ 2,628.34
$ 20,008.33
$ 1,849.15
$ -0- $ Deferred
g Storm Drainage $ 18S8.26 $ -0- $ IK8... 26
"On Site"
h. Storm Drainage
"Off Site"
See Cost Schedule
$ 17,263.65 $ -0-
$ 17,263.65
1. Engineering, Inspec-
tion, E Plan Check,
4% x $ 365,000 $ 14,600.00 $ -0- $ 14 Ann an
J. 'Street Tree
Planting
With Building
Permit
k. Construction Water,
Dust Control E
Earthwork
See Cost Schedule
I. Street Paving
See Cost Schedule
m. Street Curb E
Gutter
See Cost Schedule
$ Deferred $ $ Deferred
$ 780.38 $ -0- $ 780.38
$ 5,039.36 $ -0- $ S.039.36
$ 1,436.22 $ -0- $ 1,46.22
n. Sidewalks $ 100% S -0- S 100%
o. Street Name Signs $ 100%
p. Fire Hydrants
"On Site"
See Cost Schedule
$ -0-
$ 100%
$ 422.05 $ -0- $ 422.05
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q. Street Lighting $ 100%
$ -0-
S 100%
DUE CITY BY DEVELOPER $ 65,885,74
DUE DEVELOPER.BY CITY $ -0_
NET DUE CITY $ 65,885,74
IN WITPIESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
C1 tyCer
FOR PPROVED: "
City Atto ney
CITY OF GILROY
Mayor
ty;Adffff nistrat
DEVELOPER
BY
By
DATE y� 177
NOTE: If Developer is a corporation, the complete legal game and corporate
seal of the corporation and the corporate titles of 'the persons
signing for the corporation shall appear above.
N
4
CITY OF GILROY
CE 'ELOP, LENT COST SCHEDULE
M
Date 3/22/77
Initialed
Location of property West of Miller Avenue
Assessor's Parcel #
Name of Applicant __._South County'- Castlewood A Joint Venture
Address
Type or Deveicpment Proposed R -1
Area 23.4024 19.8894 3.5130 Park Storm Zone A $868 /acre
Frontage-
4 - 1" Water services on Miller Avenue @ $150
4 - Sewer Laterals @ 4.10 /L.F. x 4 x 15'
COST SCHEDULE
1.
Front Foct !later Charges
1" 4 ea. $150.00
600.00
8" 314.96 LF @ 6.44. /F.F. =
$
2,028.34
2.
Front Foot Se!•jer Charges
4" 60 LF @ 4.10
246.00
8" 314'.96 LF 0 5.09 /F.F. =
$__1,603-15
3.
Front root Storm Charges
314.96 U @ 5.90 /F.F. =
$
1,858.26
4.
Front Foot Street Improvements
25 x 314.96 =7,874 SF @ o.64 / S.F. =
a_
5.039..36
5.
Front Foot curb & gutter charges
314.96 LF @ 4.56 / _
$
1,436.22
6.
Area Hater Charge
19.8894 Acres @ 1,006 Ac. _
$.2n
nQ8 33
7.
Area Offsite Storm Drainage Fees
19.8894 Acres @ 868.00 /Acre =
17,263.6s
3.
Offsite Sanitary Sewer Fees
78 Lots @ 550.00 / Lot =
$
With Building Permit
9.
Recreation Fees
@ /
$
With Building Permit
10.
Engineering Plan Check & Inspection
4% x $365,000 =
$
14,600.00
11.
!!a per tleter Charge
78 - 1" Meter @ 80.00 =
$
With Building Permit
12. Electroliers
LF @ - $ By Developer
13. Fire Hydrants
314.96 LF @ 1.34 = g 422.os
14. Construction plater
780.38
.16 x 4,1.75 /LF + 19.8yAcre = 5,65 x 19.8894 +.16 x 4175 $
15. Street Trees
@ _ $ with Building Permit
16. _ $
17. _ $
Total = $ 65,885.74
STIPULATIONS
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DEPARTMENT OF PUBLIC WORKS Telephone 842 -9321
V.1,Y
of
x�a
7377 Church Street, P. O. Box 66
GILROY, CALIFORNIA DAVID W. HANSEN
95020 DIRECTOR OF PUBLIC WORKS
CITY ENGINEER
CASTLEWOOD #10
STIPULATIONS
1. Owner agrees to dedicate and improve all required streets within
the subdivision.
2. The developer agrees to complete the fire protection system and
the placement of baserock before any house framing. No buildings
will be finaled until the final lift of paving is in place and all
public improvements have been approved.
3. All electroliers shall become City property.
4. The Build Out Schedule set up by the Planning Commission shall be
complied with,
5. Fees to be paid with building permits shall be determined from
the development fee Resolution in effect at the time the permits
are issued.
6. The owner shall utilize the existing water and sewer services
and laterals on Miller Avenue. Payment for the existing water
services and the sewer laterals shall be made.
7. In exchange for dedication of the park site and the necessary
adjacent public street and utility improvements the City will
waive the park development fees for building permits issued to
South Countv - Castlewood up to a total value equivalent to the cost of the
unimproved land plus improvements. The developer shall provide
the City with a detailed breakdown,
Date
0
DEPARTMENT OF PUBLIC WORKS
Q.114HU 'WilroU
7377 Church Street, P. O. Box 66
GILROY, CALIFORNIA
95020
CASTLEWOOD #10
STIPULATIONS
Telephone 842 -9321
DAVID W. HANSEN
DIRECTOR OF PUBLIC WORKS
CITY ENGINEER
1. Owner agrees to dedicate and improve all required streets within
the subdivision.
2. The developer agrees to complete the fire protection system and
the placement of baserock before any house framing. No buildings
will-be finaled until the final lift of paving is in place and all
public improvements have been approved.
3. All electroliers shall become City property.
4. The Build Out Schedule set up by the Planning Commission shall be
complied with.
5. Fees to be paid with building permits shall be determined from the
development fee Resolution in effect at the time the permits are
issued.
6. The owner shall utilize the existing water and sewer services and
laterals on Miller Avenue. Payment for the existing water services
and the sewer laterals shall be made.
7. In exchange for dedication of the park site the City will waive
the park development fees for building permits issued to South County Castle-
wood up to a total value equivalent to the cost of the unimproved
land. The developer shall provide the City with a detailed break-
down of these costs. City to install street improvements adjacent
to park site.
igned (�