Country Estates Venture - PDAk us�.nr,e E. Steinmetz,CityClk NO FEE PER GC SEC 27383 N O FE E
10260081
City. of Gilroy
7-,;l Rosanna Street
Cilroy, CA 95020 i�- COUNTRY ESTATES DEVELOPMENT AGREEMENT
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4 VELOPMENT AGREEMENT BY AND BETWEEN
CITY OF
GILROY,
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THE CITY OF GILROY AND SOUTH COUNTY VENTURE
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RELATIVE TO THE DEVELOPMENT KNOWN AS
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COUNTRY ESTATES
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THIS DEVELOPMENT AGREEMENT (hereinafter "Agreement") is entered rito°''r'� "
this 17th day of July , 1989, (the "Effective Date ") by and between
COUNTRY ESTATES VENTURE, (hereinafter "Country Estates" or "Developer "), a
joint venture between Pyramid Associates, a general partnership, D. J.
Sanchez, Inc., a California corporation, and Gilroy Partners, a general
partnership, and the City of Gilroy, a political subdivision of the State of
California (hereinafter the "City ").
RECITALS
L 098PAGE2159
A. 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 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 Res. 85 -9 and 76 -47, thereof pertaining to local
improvement procedures in subdivision or development respectfully):
Ordinance No. 83 -15 (Zoning Ord.): Resolution 85 -5 (Uniform Building Code):
Rules and Regulations. Included in the above are all of the above referred
to Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as
amended to the time of execution of this agreement.
B. Country Estates owns in fee or otherwise retains a legal or
equitable interest in those certain parcels of land outlined on Exhibit "A"
attached hereto and made a part hereof for all purposes, and being more
particularly described on Exhibit "A -1" attached hereto and made a part
hereof for all purposes (the "Project Site "). Country Estates is developing
the Project Site as a 123 dwelling unit residential development (hereinafter
called the "Project ").
C. The City of Gilroy Planning Commission, on March 3, 1988, by
Resolution No. 88 -7, and the City Council (the "Council "), on March 7, 1988,
by Resolution No. 88 -12, after appropriate environmental review, granted
approval for the Project by approving, among other things, Tentative Map
No. 87 -4.
D. Insofar as the California Environmental Quality Act (Public
Resources Sections 21000 et seq. (CEQA)) is concerned, the Council, on March
1, 1982, by Resolution No. 82 -26, certified, after making the appropriate
findings, a Final Environmental Impact Report for the Project (the "Final
EIR ").
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L 098PAGE2160
E. Country Estates is now desirous of entering into an agreement with
the City as it begins the construction of the Project and as it proceeds to
comply with the various conditions of approval required by the City, all of
which will result in large expenditures of monies by Country Estates. The
Project Site is primarily within the City of Gilroy. A small portion of
roadway has been acquired within the County of Santa Clara and will be
annexed to the City. A sewer trunk main will be constructed in the County
of Santa Clara from the project in Burchell Road along the Uvas Creek to a
connection at Santa Teresa Blvd. and Third Street. A domestic water booster
pump system will be constructed on a City parcel at Mantelli Drive and
Rancho Hills Court along with a water main installation in Welburn Avenue.
A second Zone II booster pump will be constructed when additional units are
allowed in accordance with Condition #33 of the Tentative Map Conditions.
F. Development of the Project Site in accordance with all conditions
of approval will provide for orderly growth in accordance with the policies
and goals set forth by the City Council.
G. The conditions of approval for the Project allow Country Estates
to be partially reimbursed for an estimated two million in costs for the
reimbursable portion of costs for the Sewer Trunk Main and the Water
production facilities. Reimbursements shall be made over a fifteen (15)
year period.
H. The construction of a sewer trunk main is desired by the City to
serve the project, including later phases. Additional capacity in the trunk
main will serve the adjacent areas along the route of the sewer trunk main
facility along with estimated density to the West and North of the trunk
main.
I. The construction of water production facilities will serve an
estimated 800 units in the hillside properties adjacent to and at elevations
above the Gilroy System Pressure Zone. The project contains 123 units with
an estimated additional 248 units in future phases.
J. For the reasons recited herein, Country Estates and the City have
determined that the Project is a development for which the Agreement is
appropriate. The Agreement will in turn eliminate uncertainty in planning
for and securing orderly development of the Project, assure progressive
installation of necessary improvements, provide for public services
appropriate to each stage of development of the Project, insure attainment
of the maximum effective utilization of resources within the City at the
least economic cost to its citizens, and otherwise achieve the goals and
purposes for which the Development Agreement Statute was enacted. In
exchange for these benefits to the City, Country Estates desires to receive
the assurance that it may proceed with the Project in accordance with the
existing ordinances, resolutions and regulations, subject to the terms and
conditions contained in this Agreement, in order to implement the intent of
the City in adopting this Agreement.
2
AGREEMENT L 09 8 PAGE 2 161
SECTION 1. General Provisions.
A. Term. The term of this Agreement shall commence upon the
Effective Date and shall extend fifteen (15) years thereafter, unless said
term is otherwise terminated, modified or extended by circumstances set
forth in the Agreement or by mutual consent of the parties hereto.
Following the expiration of said term, this Agreement shall be deemed
terminated and of no further force and effect; provided, however, such
termination shall not affect any vested right or duty arising from City -
entitlements on the Project Site approved concurrently with or subsequent to
the approval of this Agreement.
SECTION 2. General Development of the Property.
A. Development and Control of Development. Country Estates shall
develop the Project on the Project Site in accordance with the terms and
conditions of this Agreement, and the City shall control the development of
the Project on the Project Site in accordance with the terms and conditions
of this Agreement.
B. Rules, Regulations and Official Policies.
1. Except as otherwise provided in the Agreement, the rules,
regulations, official policies and conditions of approval
governing permitted uses of the Project Site, development, density
or intensity of use, design, improvement, construction and
building standards, occupancy and specifications applicable to the
Project Site and the Project shall be those rules, regulations and
official policies in force at the time of the effective date of
this Agreement and those referred to in this Agreement.
2. Changes in City laws, regulations, plans or policies, the terms of
which are specifically mandated and required by changes in state
or federal laws or regulations shall apply to the Project.
3. The City shall have the authority to charge processing fees for
land use approvals, building permits and other similar permits and
entitlements which are in force and effect on an city -wide basis
at the time those permits are applied for.
4. Country Estates shall be responsible for the payment of fees
prescribed in the conditions of approval. The City periodically
adjusts fees to reflect inflation and other price increase
pressures. Country Estates agrees to pay the fees in force at the
time permits are taken.
RECORDER'S MEMO
FAINT WRITING. T;- ,_ ".70N
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MAKE POOR PHOTOu,,,,, , „_ JHD
C. Unimproved Area
L098PAGE2162
As shown on the Final Map, Lots 124, 125, and 126 are not a part of
the 123 residential lots being created at this time. No building permits
may be issued for Lots 124, 125, and 126 prior to approval of a separate
preliminary development plan, final development plan, tentative and final
subdivision map for said lots 124, 125, and 126.
Improvements are necessary through these lots to properly serve the
approved 123 lots with secondary access, sewer, water and storm facilities.
Country Estates has requested assessments be applied to the unimproved lots
and agrees that the improvement and assessments directly benefit and improve
lots 124, 125, and 126 by providing future sewer capacity in the trunk sewer
main and future water capacity in the water distribution system and water
pumping facilities.
Neither the development of lots 1 through 123, the assessment district
improvements to lots 124, 125 and 126, nor this agreement create vested
rights to develop the unimproved area.
SECTION 3. Obligations or Contributions by Developer.
In consideration of the City entering into this agreement, Country
Estates has agreed to perform certain obligations with respect to improving
the project site which the city contemplates will have an overall benefit on
the Gilroy area, including but not limited to:
A. Payment of offsite sewer trunk main fees for a share of the cost
of sewer trunk main capacity between Santa Teresa Boulevard and the Gilroy
Treatment Facility.
B. A second Zone II booster station shall be constructed in
accordance with the Tentative Map Conditions. The Developer acknowledges
that funding for the deferred booster pump station will not be available
from the first 123 units or from any connections made by adjacent
development prior to the construction of of the second Zone II booster
Station. Station components will equal those for booster pump station #1,
except for minor hydraulic differences.
C. The Developer shall enter into a deferred improvement agreement to
include the following:
I. The 248 lots proposed for future development will be burdened with
a share of the Phase I water system and sewer trunk main.
2. Booster station #4 Zone II shall be constructed and a secondary
access to Hecker Pass Highway through the development will be
completed in accordance with the Tentative Map Conditions.
3. Units contributing to the detention pond storm outfall will be
burdened with the detention pond site and access removal. A
separate bond will be required.
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L 09SPAGE2163
D. The Developer agrees to locate construction water from private
sources or reclaimed water and will not use City of Gilroy domestic water
for dust control, compaction, trench jetting or any other construction
purpose. It is estimated approximately fifteen million gallons will be
needed to complete the project. This use would severely hinder the City
drought reduction effort. If the above sources are impossible, domestic
water will be from City water, however, no water may be used from the
Mantelli Drive area.
E. The water monitoring device required in each home is rescinded.
The device has been proven unsatisfactory after a few years' use.
F. The Developer further agrees he will construct improvements and
dedicate the right—of—way for all streets to his property boundary.
Hollyhock Lane shall be fully improved to the property boundary to the west
and dedicated to the City.
G. The area at the west end of Hollyhock Lane through the drainage
easement shall be defined as a future sixty foot wide road extension and
storm drainage easement. The easement shall be in favor of the City of
Gilroy. The homeowner's association shall not be named on the easement to
protect Hoey's right to connect to Hollyhock Lane.
H. A homeowner's association shall be formed to provide for owners'
control of architectural and esthetic values and provide for required
maintenance within private easements in the development. The association
will control and maintain, along with individual participation, all
facilities within easements that do not have a maintenance roadway along the
easement. Specific terms and conditions are included in the tract
Covenants, Conditions and Restrictions.
I. The erosion control methods outlined in the improvement plans are
a guide for the contractor to reduce potential erosion on the site. The
erosion protection on the project site will require an extended maintenance
period to assure defects have been repaired and do not reoccur. Two winters
with normal rainfall should be adequate to determine if the erosion
protection is effective. Should less than normal rainfall continue, the
bonds guaranteeing this portion of the work shall be renewed until released
by the City, to a maximum of four (4) years. All defects will be corrected
as they appear to reduce erosion damage.
J. The Developer has submitted an engineered plan to maintain the
pressure in Carriage Hills and the surrounding area when two pumps are on in
booster station #1. The Developer will test the completed installation to
demonstrate that the existing pressure is not adversely impacted by pump
station X61 with two pumps on. Should pump station #1 impact existing
pressures, a dedicated water main will be installed to pump station X61.
K. The Developer will forward a check to reimburse the City for
capacity in the existing telemetry system at the City corporation yard prior
to acceptance of improvements. The Developer is using existing capacity in
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L 09SPAGE2164
City equipment that will need replacing when City facilities expand. The
Developer will use the equivalent controls for two reservoir sites and four
pump sites. The City will provide documentation for the amount.
L. The Developer will install erosion control facilities to protect
the site, adjacent properties and the existing City facilities including the
storm drainage system, catch basins, silt basins around the catch basins,
silt fences, hay bales, erosion netting and hydroseeding on a priority to
meet the October 1 completion date for all erosion control facilities. If
weather permits, the October 1 deadline may be extended. Any threat of rain
will trigger the immediate placement of protection as outlined above.
M. Critical spare parts for Booster Station #1 shall be provided to
reduce delays for repairs in the absence of future Station A. Parts shall
be included on the shop drawings for approval by the City.
N. Mylars shall be provided for each sheet of the plans before
construction begins and will be corrected showing all changes during
construction. As built plans shall be submitted to the City before final
acceptance of the work.
0. Booster Pump #1 will match the adjacent home in color, wall
materials, and roofing. Special consideration will be given to their
preference.
SECTION 4. Assessment Districts
The Developer desires to establish assessment districts on the project
to fairly spread cost for additional maintenance and acquisition. Two
assessment districts shall be established.
A General Maintenance Assessment District shall be formed to provide
costs for certain maintenance that is unique to the project area and beyond
what is ordinarily experienced by the City. Additional costs are required
for specified maintenance in the public right -of -way only and do not include
maintenance of private sewer laterals from the sewer main to the residence
or storm drainage systems in back or side yard easements that do not have
access roads over or along them. The maintenance of private facilities
shall be performed by the individual owners or the homeowner's association.
Specified maintenance includes the additional labor, equipment and supplies
that will be necessary to maintain the additional catchbasins, roadside
headwalls and culverts, weed control, steep slopes, underground pipes, and
roadway maintenance on steep roadways. In addition, the water system will
require careful monitoring, and will require additional electrical energy,
testing, and maintenance. It is estimated that additional personnel will be
required for every maintenance operation in the project. Assessments will
be modified annually to reflect actual cost to perform this service.
Acquisition Assessment District - The Developer desires to form an
acquisition assessment district to uniformly spread costs of water
production and storage facilities and the sewer trunk main as follows:
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L09SPAGE2165
A. Water Facilities - The Developer desires to spread 1 /800th of the
cost of the water facilities to each of the one hundred twenty three lots in
phase one and 1 /800th per lot to his remaining property, estimated to yield
248 additional lots. The remaining balance shall be paid by the Developer.
The Developer shall be eligible for a reimbursement for each new housing
unit that is developed on adjacent property and connects to the Zone II or
Zone III water system. Reimbursements shall be limited to 429 units during
the 15 year term of this agreement.
B. Sewer Trunk Main - The Developer desires to form an acquisition
assessment district to uniformly spread the cost associated with the
construction of the sewer trunk main. The main shall be sized to provide
capacity for 1200 units with reserve capacity for infiltration, intrusion,
peaking factors and oversizing. The Developer wishes to form an acquisition
district and spread 1 /1200th of the cost to each of the 123 lots in Phase I
and to the proposed 248 lots on the balance of the Developer's land.
The remaining balance shall be funded by the Developer or through a
separate agreement among other benefiting property owners. The remaining
balance shall be eligible for reimbursement during the 15 year term of this
agreement. Each participant in the remaining balance shall receive a
reimbursement based on their percentage of contribution. Fees eligible for
reimbursement shall be listed in the City of Gilroy Comprehensive Fee
Schedule and adjusted annually for inflation.
The City will collect said reimbursable fees for each new building
permit that benefits from the Zone II or III water pressure system or the
Sewer Trunk Main.
SECTION 5. Hold Harmless Agreement. Country Estates hereby agrees
to, and shall defend, save and hold the City and its elected and appointed
boards, commissions, officers, agents and employees harmless from, and and
all claims, costs and liability for any damages, personal injury or death,
which may arise, directly or indirectly, from Country Estates or Country
Estates' contractor's, subcontractor's, agent's, or employee's operations
under this agreement, whether such operations be by Country Estates or by
any of Country Estates' contractors, subcontractors, by any one or more
persons directly or indirectly employed by, or acting as agent for Country
Estates or any of Country Estates' contractors or subcontractors.
SECTION 6. Design Standards. The Developer agrees the design of the
project follows acceptable engineering practice and guidelines, but in some
areas adopted standards were not available for all conditions encountered
within the design of the project. The City is concerned that the approved
project will be functional for the residents and will provide a functional,
efficient and safe environment for its residents. For these reasons the
City may adopt standards in the future that are different from the design of
Phase 1 based on the performance of the infrastructure in this project.
The Developer agrees standards adopted for the first 123 lots may not
apply to Lots 124, 125, and 126. Changes may be changes necessary in street
sections, storm drainage design concepts, water system criteria, erosion
control specifications, slope limitations and other changes as deemed
necessary.
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L 098PAGE21G6
SECTION 7. Other Governmental Permits. Country Estates shall apply
in a timely manner for such other permits and approvals as may be required
from other governmental agencies having jurisdiction over any portion of the
project as may be required for the orderly development of , or provision of
services to, the Project. Such agreements or permits may include, but are
not limited to, Santa Clara County, Santa Clara Valley Water District,
California State Department of Transportation and Gilroy Unified School
District.
Country Estates further agrees to deliver all such permits or
agreements to the City in a timely manner and will comply with the terms and
conditions therein. All permits and agreements shall be submitted for
timely review before final approval.
SECTION 8. Cooperation in the Event of Legal Challenge. In the event
of any legal action instituted by a third party or other governmental entity
or official challenging the validity of any provision of this Agreement, the
parties hereby agree to cooperate in defending said action.
SECTION 9. General.
A. The City and Country Estates agree that this Agreement shall not
prevent the City in subsequent actions applicable to the Project Site from
applying new rules, regulations and policies which do not conflict with
those rules, regulations, and policies applicable to the Project Site as set
forth herein; nor shall this Agreement prevent the City from denying or
conditionally approving any subsequent development project application on
the basis of such existing or new rules, regulations and policies.
B. The City hereby finds and determines that execution of this
Agreement is in the best interests of the public health, safety, and general
welfare.
C. If any term, provision, covenant or condition of this Agreement is
held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement shall continue in
full force and effect.
D. The Developer agrees:
1. 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, Regulations and City Council Conditions of Approval,
Resolution 88 -12, adopted March 7, 1988.
2. 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.
N.
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L 09SPAGE2167
4. 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. One shall be
executed in the face amount of no less than $ 7,508,161.00 for
completion of the Project, and the other shall be executed in an
amount no less 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 improvement 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.
The faithful performance bond hereinabove provided for, shall by
the terms remain in full force and effect for a period of one (1) year
after the completion and acceptance of said work, to guarantee the
repair and replacement of defective material and faulty workmanship.
In lieu of said faithful performance bond for maintenance, the
Developer may furnish a maintenance bond in the amount of 10% of the
total contract price (with a minimum amount of one thousand dollars,
($1,000.00) to cover the one (1) year maintenance period.
E. 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.
F. 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.
G. 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 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 of the City,
in the event of any such default by Developer.
H. This agreement, together with the attached stipulations, is an
instrument affecting the title or possession of the real property described
in Exhibit A. All the terms, covenants and conditions herein imposed shall
be binding upon and inure to the benefit of the successors in interest of
the parties. Upon the sale or division of the property described in Exhibit
A, the terms of this agreement shall apply separately to each parcel and the
Developer of each parcel shall succeed to the obligations imposed on
Developer by this agreement.
E
L 098 PAGE 2168
I. The following General Stipulations and the attached stipulations
shall be completed subject to the approval of the Director of Public Works.
1. Locate and properly dispose of any wells, septic tanks and
underground fuel storage facilities.
NOTE: The capping of any well will require inspection by the
Santa Clara Valley Water District.
2. Schedule the construction of improvements along existing public
roads so that the work affecting vehicular traffic is completed
with a minimum interruption to traffic.
3. All work within the public right -of -way shall be subject to the
approval of the City Engineer.
4. 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. Location of the fire hydrants will
be determined by the Fire Chief.
J. The City does not accept maintenance easements that are designated
as private storm or utility easements. Access for City vehicles has not
been provided along those easements and therefore cannot be efficiently
maintained by City crews. Decorative landscaping provided to enhance the
project is not accepted for maintenance.
K. The homeowner's association will maintain all decorative
landscaping within the project including intersection landscaping, booster
pump site landscaping and decorative landscaping adjacent to entrances to
the project and will sign and pay for all water used for this purpose.
L. Changes or deviation from the plans may be made after a written
request has been approved by the City. The inspector shall be notified
immediately of any proposed change in the work. If approved, a copy of the
signed approval shall be retained by the City, a copy given to the inspector
and contractor and a copy maintained by the Developer's engineer for
inclusion in the as built plans.
M. No further lot splits will be allowed as to lots 1 through 123
within the project.
N. The attached Development Cost Schedule enumerates all fees and
their extensions.
0. Certain details and equipment specifications such as stand -by
generator, booster pumps and storage tank details, will be finalized during
construction subject to approval by the City Engineer.
SECTION 10. Counterparts. This Agreement is executed in three
duplicate originals, each of which is deemed to be an original. This
10
Location of Property_
Assessor's Parcel No.
Name of Applicant
Address
Type of Develognent P
Area 370.8785 Ac.
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L 09SPAGE2171
No. 87 -26 (Rev.)
Date 7 -10 -89
Initialed JBL
Approximately 3700' west of Santa Teresa Boulevard
783 -04 -009, 011, 012, 013, & 014
Gilroy Country Club Estates
286 Fifth Street, Gilroy, CA 95020
roposed Residential Storm Drain Area " E If
- Street Frontage 39,600 LF
Special Public Works Services
Engineering Map Check for 123 lots
Final Maps $333.00 + $44.40/lot
Parcel Maps $416.25 + $34.41/lot
Miscellaneous Engineering Services
24 hours x $45.51/hr
100 - 2600 -3- 600400 $ 6,739.05 **
$ 5,220.00 **
$ 984.00 **
Public Works Microfilming (Maps and Plans) $ 535.05 **
1 - 6 sheets $117.59 + $5.00 /sheet
7 -12 sheets $150.26 + $5.00 /sheet
13 -18 sheets $182.93 + $5.00 /sheet
90 number of sheets
Wood Pole Mounted Electrolier
N/A FF @ $8.58 /FF
Engineering Plan Check and Inspection
Cost of Public Improvements
$ 0.00
100 - 2600 -3- 600412 $529,720.23
$ 7,508,161.00
10% of first $100,000 = 10,000.00
8% of $100,000 - $200,000 = 81000.00
7% of over $200,000 = 511,571.27
(Subject to change based on actual cost.)
Fire Hydrant Location Fee $ 148.96 **
$34.77 for the first 5 hydrants
+$ 3.48 for each additional hydrant
Storm Development Fee
Area "A"
Area "A -1"
Area "B"
Area "C"
Area "D"
Area "E"
Area "F"
Area 'In
RECORDER'S hrc 11
FAINT WRITING, TYPIN'r,. 30N
COPIES OR DOT MATRIX ' ERS
MAKE POUR PHOTOGRAPHIC, ,RECORD L 0 9 8 PAGE217 2
$2,016.07 /Acre
$4,018.85/Acre
$1,888.45/Acre
$3,216.01 /Acre
$1,994.71 /Acre
$1,502.76/Acre
$2,775.22/Acre
$2,523.14/Acre
Acres @ $ /Acre
Front Foot Charges
Water - inch diameter
FF @$ FF
Sewer - inch diameter
FF @$ FF
Street Ta-�rc�vements
220 - 2640 -3- 680200 $
220 - 2640 -3- 680201 $
221 - 2641 -3- 680200 $ 40.299.52
222- 2642 -3- 680200 $
223 - 2643 -3- 680200 $
224 - 2644 -3- 680200 $ 25.377.34
225 - 2645 -3- 680200 $
226- 2646 -3- 680200 $
230 - 2636 -3- 680400 $By Developer
230 - 2636 -3- 680500 $By Developer
230 - 2636 -3- 680600 $By Developer
Pavement SF @ $_/SF = $ By Devel
Curb & gutter FF @ $12.36/FF = $ By Devel
Sidewalk SF @ $ 3.81 /SF = $ By Developer
Gal. Pole
Electrolier
& Conduit FF @ $ 8.58/FF = $ By Developer
Fire Hydrant
Resident FF @ $ 2.83/FF = $ By Developer
Calm & Ind. FF @ $ 3.78/FF = $ N/A
Storm Drain - inch diameter 230 - 2636 -3- 680700 $By Developer
FF@ $ /FF
Sewer Development Fee
705 - 2662 -3- 671000 $W/ B1dg.Penm.
123 Units
@
$1,308.00 /Unit
(Res)
N/A Gals.
@
$547.00 /100 GPD
(CamVind)
Water Development Fee
123 Units @ $1,075.00 /Unit (Res)
L098PAGE2173
725 - 2672 -3- 695000 $Def.by Acnnt.
N/A Gals. @ $1,123.00 /1000 GPD peak (Ca wVInd)
Construction Water 720- 0433 -3- 690000 $Def.by A=.
FF @ $0.67/FF + Acres @ $43.19 /Acre
Public Works Cash Bonds and Deposits
Other Stom drain, Day Ranch
801 - 2680 -3- 680000 $11,262,242.0*
- ZbtaI
1st, 2nd & 3rd payment($235,874.59 + 150,000.00 + 132,225.00)
TOTAL DUE CITY
$ 88,629.92
$ 690,766.06
$ 518,099.59
$ 172,666.47
NOTE: All deferred and/or estimated fees will be adjusted to the rates in
effect at the time Building Permits are issued.
* Nat included in total.
** Calculations based on old rate.
Accepted by:
• CN�2Y ESTATES VENTURE
Date: T Ai
RECORDER'S
FAINT WRITING, S �RMC
COp�� MATRIX MArt� N OR DO;
SA X, INT
OOR PHOTO; t , C ,� ERS
U I'ECORD
L 09SPAGE2169
Agreement consists of eleven (11) pages and thirteen (13) exhibits on file
with the City Engineer which constitute the entire understanding and
agreement of the parties. Said exhibits are identified as follows:
Exhibit
A
Site Map
Exhibit
A -1
Legal Description
Exhibit
B
Improvement Plans
Exhibit
C
Drainage Plan
Exhibit
C -1
Drainage Calculations
Exhibit
D
Water System Model
Exhibit
D -1
Water System Design
Exhibit
E
Deed to Day Ranch
Exhibit
E -1
Easement for Drainage
Exhibit
E -2
Easements for Trunk Sewer Main
Exhibit
F
Schedule of Required Devices for Homes
Exhibit
F -1
Hydrant Connections to Different Zone
Exhibit
F -2
Water Meter Connections to Different Zone
Other engineering calculations were required, are part of this
agreement, and have been certified by the Developer's engineer for the
following elements of the project:
Retaining walls, structural elements of the pump houses, utility box
retaining walls, top of slope velocities, concrete ditch design,
existing swale erosion, trunk sewer main, generator sizing,
electrolier foundation design, and other minor studies.
IN WITNESS WHEREOF, Country Estates and City have executed this
Agreement as of the date first hereinabove written.
' 4 '
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ATT T
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1''/lid1U��A,179 D/1C712711 7 ✓; n / ' J
City Atto
DEVELOPER
BY
BY
COUNT Y E TATES VENTUR
DATE ;F42
,/
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.
11
1
W
M
/1
X
W
IL
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N
1
(Corporation as a Partner of a Partnership)
STATE OF CALIFORNIA GOLDEN STATE TITLE DIVISION
of COMMONWEALTHL*M
COUNTY OF �Q !l /Gi l_ �� SS. TITLE 1W"ANCE CCMPIWY
J ' L 09SPAGE2170
On 4 , , before me, the undersigned, a Notary Public in and for
said State, personally appeared—%j) her 6 S j - known to me to be the
President, a" , k
Seeretery of 6 IZ ();z &)Xu / l'e� -- .f--; /c,
the corporation that executed the within instrument and known
to me to be the persons who executed the within instrument on
behalf of said corporation, said corp ration be kno n to me OFFICIAL IC Irrrrrrrrr/rrrrr
lAL SEAL L
to be one of the partners of l r �` l� C.''7 F �, X
HELEN J. DONOVAN
the partnership that executed the within instrument, and acknow-
ledged to me that such corporation executed the same as such
partner and that such partnership executed the same.
WITNESS my hand and official seal.
Ate
Signature
GS133
State of California )
) ss:
County of Santa Clara )
"db NOTARY PUILN: — CALIFORNIA
COUNTY OF SANTA CLARA =
Comm. Exp. May 17, 1990
�Irmn ---- -- mm�gonnrmunnrnnmm�iF
(This area for official notarial seal)
On this the 13th day of July, 1989, before me, the undersigned
Notary Public, personally appeared
RICHARD E. CLARK
personally known to me to be the person who executed the within
instrument as President of Glenmoor Development Co., Inc., a
California Corporation, which corporation is a partner in Pyramid
Associates, a California General Partnership, which general
partnership is a partner in South County Venture, a California
General Partnership, which general partnership is a General
Partner in Country Estates Venture, a California General
Partnership, and acknowledged to me that the corporation
executed it.
WITNESS my hand and official seal.
�/ q/gIgIN111gIqN1111r /N11N111//11 /I /I /IINIg1/1 \_
OFFICIAL SEAL
HELEN J. DONOVAN
NOTARY PUBLIC — CALIFORNIA
_ COUNTY OF SANTA CLARA.
�` Comm. Exp. May 17, 1990
■ HIIg1NIINIINII /IIIgg01/IIBHIIINIIIIII IgNIN /�
Notary Public
AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF GILROY AND SOUTH COUNTY VENTURE RELATIVE TO THE
DEVELOPMENT KNOWN AS COUNTRY ESTATES DATED JULY 17, 1989
This amendment to the Development Agreement ( "Amendment ") shall be effective on
July 17, 2004, ("Effective Date ") by and between the City of Gilroy, California, a Municipal
Corporation of the State of California ( "City ") and Country Estates Venture ("Country Estates"),
ajoint venture between Pyramid Associates, a General Partnership, and D.J. Partnership.
RECITALS
A. City and Country Estates are currently parties to a Development Agreement entitled
"Development Agreement by and betweemthe City of Gilroy and South County Venture
Relative to the Development Known As Country Estates" dated July 17, 1989
("Development Agreement "), and effective on or about that same date, which shall
terminate by its own terms on July 17, 2004.
B. Country Estates has requested that the City extend certain reimbursements beyond the
term of the Development Agreement for an additional fifteen (15) years, or until July 17,
2019.
C. The City has determined that an amendment to the Development Agreement (hereinafter
"Amendment ") is required to accommodate Country Estates' request.
D. Notice of the City's intention to amend the Development Agreement has been given
pursuant to Government Code Section 65867.
E. The Development Agreement provides that as a condition of approval a Second Zone 11
Booster Pump Station will be constructed and allow Country Estates to be partially
reimbursed for its estimated costs for the reimbursable portion of costs for the Sewer
Trunk and the Water production facilities. Reimbursements shall be made over a fifteen
(15) year period.
F. The Development Agreement further provides that the remaining balance for the Sewer
Trunk Main shall be funded by Country Estates or through a separate agreement among
the benefiting property owners. The remaining balance shall be eligible for
reimbursement during the fifteen (15) year term of the Development Agreement. Each
participant in the remaining balance shall receive a reimbursement based on their
percentage of contribution. Fees eligible for reimbursement shall be listed in the City of
Gilroy Comprehensive Fees Schedule and adjusted annually for inflation. The City will
collect said reimbursable fees for each new building permit that benefits from Zone H or
III water pressure system of the Sewer Trunk Main.
G. Country Estates has requested that the City extend the period of time for reimbursement
of a portion of the costs for the Second Zone H Booster Pump Station described above for
an additional fifteen (15) years. This Amendment to the Development Agreement is to
VAFMOR 4
accommodate that request, which will extend the reimbursement period for fifteen (15)
years from July 17, 2004. Said extension shall be specifically applied to the
reimbursement of a portion of the costs for the Second Zone II Booster Pump Station
only, and shall not extend in any manner any other provisions of the Development
Agreement unless otherwise stated below, which Agreement shall expire and be deemed
terminated and of no further force and effect on July 17, 2004.
H. Government Code section 65865.2 provides that a development agreement may include
terms and conditions relating to financing of necessary public facilities and subsequent
reimbursement over time.
NOW, THEREFORE, in consideration of the factual premises and the covenants and
conditions set forth in this Amendment, City and County Estates hereby agree as follows:
That SECTION 1 of the Development Agreement, is hereby repealed in its
entirety and shall be replaced by a new SECTION 1 to read as follows:
"SECTION I. General Provisions.
Term. For only that certain provision of the Development
Agreement in Section 4 B, concerning the reimbursement of a
portion of the costs for the Second Zone II Booster Pump Station,
the term of the Development Agreement shall be extended for
fifteen (15) years, or until July 17, 2019.
Said extension shall not extend in any manner any other provisions
of the Development Agreement, which shall expire on July 17,
2004, and shall be deemed terminated and of no further force and
effect; provided, however, such termination shall not effect any
vested right or any duty or obligation of Country Estates arising
from City entitlements previously granted on the project site."
2. That the Development Agreement be amended by adding a new SECTION 11 and
shall read as follows:
"SECTION 11. Reimbursement for Section Zone II Booster Station.
The conditions of approval require that a Second Zone II Booster
Pump Station be constructed and allow Country Estates to be
partially reimbursed for a portion of costs for the Second Zone II
Booster Pump Station. The reimbursement calculation for the
Second Zone II Booster Pump Station is set forth in Exhibit "A"
attached hereto and incorporated by this reference.
Reimbursements for the Second Zone II Booster Pump Station
shall be made over a fifteen (15) year period. Fees eligible for
reimbursement are those applicable that are listed in the City of
WMV710A 4 n
Gilroy Comprehensive Fee Schedule and adjusted annually for
inflation. The City will collect in its normal course of business
said reimbursable fees from each new building permit that benefits
from the Second Zone H Booster Pump Station as identified in the
"Northwest Quadrant Second Zone 2 Pump Station Lot
Identification" map dated June 2004, attached hereto as Exhibit
"B ". and incorporated by the reference, and will remit to Country
Estates its portion of said fees within a reasonable period of time
following City's actual receipt of said fees. The maximum
reimbursement during the fifteen (I 5) year term of this
Amendment shall be limited to the 456 units as depicted in Exhibit
"B."
City shall have no obligation to reimburse Country Estates for fees that it
has not actually received, nor to reimburse fees that are received under
protest pursuant to State law, nor to reimburse fees that are subject or
involved in any claim against the City."
2. That SECTION 8 of the Development Agreement, is hereby repealed in its
entirety and shall be replaced by a new SECTION 8 to read as follows:
"SECTION 8. Defense and Indemnity of Legal Action.
In the event of a legal action by a third party challenging the
validity, interpretation, or effectiveness of all or any part of this
Amendment or contesting any alleged actions or omissions of the
City relating to, or forming part of, the enactment of the ordinance
adopting this Amendment, if City elects to defend such action, or if
Country Estate requests that the City defend such action within
five (5) days after City notifies Country Estates of such legal
action, City shall have the right to submit a demand for a deposit,
in an amount to be determined by City, toward costs to be incurred
by City in connection with such action, including, without
limitation, staff time and all court costs, litigation expenses, and
attorneys' fees (hereinafter "Litigation Costs "). Said deposit, as
well as reimbursement for all Litigation Costs incurred by City in
connection with such action, shall be paid by Country Estates
within ten (10) days after written demand. City shall have the right
from time to time to reasonably estimate the amount it expects to
incur in connection with such action, and to demand from Country
Estates an additional deposit for such amounts, which additional
deposit shall be paid to the City within ten (10) days after written
demand. Upon the final conclusion of such action, any unused
deposit provided by Country Estates shall be returned to Country
Estates. Nothing contained herein shall be construed to limit the
discretion of City, in the interest of the public welfare, to settle,
defend or appeal, or to decline settlement or to terminate or forego
WH1697108 4 1
defense or appeal of, such legal action. In no event shall City be
required to continue litigation, although City shall have the right to
do so, in the event Country Estates fails to pay any amounts owing
to the City pursuant to this Section within the time required by this
Section. In no event shall City have any obligation or liability to
Country Estates in connection with City's defense of such action,
including without limitation the outcome thereof, or in the event
the City elects not to defend such action or terminates said defense.
The Parties acknowledge that this Section 8 constitutes a separate
agreement entered into concurrently with this Amendment, and
that if any other provision of this Amendment or the Amendment
as a whole is invalidated, rendered null or set aside by a court of
competent jurisdiction as a result of any such litigation or other
proceeding, the Parties shall nevertheless be bound by the terms of
this Section 8, which shall survive such invalidation, nullification
or setting aside by such court.
4. In case of a conflict in the terms of the Development Agreement and this
Amendment, the provisions of this Amendment shall control.
5. The parties acknowledge and accept the terms of this Amendment as evidenced
by the following signatures of their duly authorized representatives.
Dated:— CITY OF G Y
nh iro, Mayor
Approved s to form:
e - &4 L- — COUNTRY ESTATES
Linda Callon, City Attorney
Attestf
by eZ
Rhon a Pellin, City Clerk Its -
Dated:
\, H16771OR 4
_ -Z b ._G'
Dated: 'I — D-1�1 _ 0 LA-