Construct Land Development Improvements - Castlewood Commercial Property
NO FiE per GC Sec. 6103
F 341 ~!~: 3C1
6737604
OFF1ClAL RECORPS
-S,t~ilA GLAFA CQUND'
AGREH1fNT BY OlltlER OR HIS SUCCESSORS IN INTEREST TO GfJ: GE: A ;.,'M;N. .
COtISTRUCT LAND DEVElOPt1ENT H1PROVEr1HITS R!~GL; rd. FECOiDER
~~
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HAY 22 .9 53 JIM ~BO
CITY OF GILROY
F 341 P~G: 301
7390 Rosanna Street. P. O. Rox 66
Gilroy, California
95020
Project Identification: O.71~ Acres Southeast Corner of 1st
and Wren (
This is an aqreement between the CITY OF GILROY, hereinafter
referre~.to l'S IICity", anti
Cast1ewood Commercial Property
hereinafter referred to as 11......'1~r".
HttEREAS, O\'Jner des 1 res to subd iv i de or develop the property
d~scribed in Exhibit ^ and wishes to defer construction of penmanent
improvements and City agrees to such deferment provided Owner agrees
to construct improvements as herein provided.
NOli, TIIEREFORE, IT IS AGREED:
1. AGREEtlENT BIfJOING on SUCCESSORS PI ItlTEREST
This agreement, toqether with the attached stipulations. is an
instrument affectinq the title or possession of the real property
described in Exhibit A. All the terms, convenants and conditions
herein imposed shall he binding uQOn and inure to the benefit of the
successors in interest of ~mer. Upon the sale or division of the
property described in Exhibit A. the te~s of this agreement shall
apply separately to each parcel and the o~mer of each parcpl shall
succeed to the ob119at10ns i~osed on O\'1ner by this agreement.
11. STREET Arm ORAIUAGE mPROVEr1ENTS
A. City and Owner aqree that the improvements set forth in
this section may be deferred because:
These improvements are inappropriate at this time.
}
F 341 p~~: 302
B. Owner agrees to construct the following improvements on the
property described In Exhibit A as well as required off site improvements
in the manner set forth In this agreement:
Improvements requ I red by. the City Department of Pub 11 c "orks as
generally described below. (Cross out Improvements that are not
requ I red. )
I. Curb and gutter
2. Sidewalks
3. Driveways
4. Street grading, base and paving
5. Storm drainage facilities
6. Erosion control plantinQs and facilities
7. Electrollers
8. Underground conduit with wirln~ and pull boxes
9. Barricades and other improvements'needed for traffic safety
10. Street trees and other improvements between the curh and
property line.
11. Street signs
12. Relocation of existing fences, si~ns and utilities
13. Payment of a pro rata share of the costs as determined hy the
Department of Public \Jorks of a storm drainaqe or street Improvement~
which has been, or is to be, provided by nwner and others where such
facility benefits the property described in Exhibit A
14. Engineering and Inspection and plan check fees
IS. Sanitary sewage facilities
16. Water system
C. When the City Director of Public Wo~ks determines that the reasons for
the deferment of the Improvements as set forth in section II no longer exist.
he shall notify Owner In writing to commence their Installation and construction.
The notice shall be mailed to the current owner or owners of the land as shown
on the latest adopted county assessment roll. The notice shall describe the
work to be done by owners, the time within which the work shall commence and the
time within which the work shall be completed. Allor any portion of said Im-
provements may be required at a specified time. Each owner shall participate on
a pro rata basis In the cost of the Improvements to be installed. If Owner Is
obligated to pay a pro rata share of a cost of a facility provided by others, the
notice shall Include the amount to be paid and the time when payment must be made.
III. PERFORMAtlCE OF THE HORK
Owner agrees to perform the work and make the payments required by City as
set forth herein or as modified by the City Council. Owner shall cause plans
and specifications for the Improvements to he prepared by competent persons
legally qualified to do the work and to submit saId Imnrovement plans and
specifications for a~proval prior to commencement of the work described In the
notice and to pay city inspection fees. The work shall be done In accordance
wIth city standards in effect at the tIme Improvement nlans are submitted for
approval. Owner aqrees to commence and complete the work within the time
specified in the notice given by the Director of Puhllc Horks and to notify the
CIty at least 48 hours prior to start of work. In the event Owner falls to
construct any improvements required under this agreem~nt, City may, at its option,
do the work and collect all the costs from Owner. Permission to enter onto the
-~-
F 341 P~s: 303
property of Owner Is granted to City or Its contractor as may be necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with other ~rcperty cwners,
the City and other public agencies to provide the Improvements set forth herein
under a joint cooperative plan Including the formation of a local improvement
district, if this method is feasible to secure the installation and construction
of the improvements.
V. REVIEW OF REQUIREMENTS
If Owner disaqrees with the requirements set forth In any notice to
commence installation of improvements he shall, within 30 days of the date
the notice was matled, request a review of the requirements by the City Council.
The decIsIon of the Council shall be binding upon both City and Owner.
VI. MAINTENANCE OF IMPROVEMENTS
City agrees to accept for maintenance those improvements specified in
Section I I which are constructed and completed in accordance wIth City standards
and requirements and are installed wIthin rights of way or easements dedicated
and accepted by resolution of the City Council.
Owner agrees to provIde any necessary temporary drainage facilities, ascess
road or other required improvements, to assume responsibility for the proper
functioning thereof, to submit plans to the appropriate City aqency for review,
if required, and to maintain said improvements and facilities In a manner which
will preclude any hazard to life or health or damaoe to adjoining prooerty.
\111. BONDS
Prior to approval of improvement plans hy the City, Owner may be required
to execute and deliver to the CIty a faithful performance bond and a labor and
materials bond In an amount and form acceptable to City to be rfleased 'by the
City Council in whole or in part upon completion of the work required and payment
of all persons furnishing labor and materials In the performance of the work.
VIII. INSURANCE
Owner shall maintain, or shall require any contractor engaged to perform
the work to maintain, at all times during the performance of the work called
for herein, a separate policy of insurance In a form and amount acceptable to
City.
IX. INDEMNITY
The Owner shall assume the defense and indemnify and save harmless the
City, its officers, agents and employees, from every expense, liability or
payment by reason of injury "including death" to persons or damage to property
suffered through any act or ooission, includlnq passive neqligence or act of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
-3-
F 341 i'tS: 304
contractors, or anyone dlrectly.or Indirectly employed by either of them, or
arising In any way from the work called for by this agreement, on any part of
the premises, Including those matters arising out of the deferment of permanent
drainage facilities or the adequaey, safety, use or non-use of temporary drainage
facilities, the performance or non-performance of the work. This provision shall
not be deemed to require the Owner to Indemnify the City against the liability
for damage arising from the sole negligence or willful misconduct of the City
or Its agents, servants or Independent contractors who are directly responsible
to the City.
IN WITNESS WHEREOF, City has executed this agreement as of May
19, 1980
ATTEST:
CITY OF GILROY
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~Cle~_'.-
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Owner has executed this agreement as of
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(This document to be acknowledged with signatures as they appear on deed of title)
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I
STATE OF CALIFORNIA
COUNTY OF SANTA ClARA
SSe
F 341 ?ts: 305
. On this 14th day of 1--1ay, 1980, before .
ornla, personally appeared JOHN M FILICE Ire, a Notary PubllC, State of Calif-
to be General Partners of CASTLEWOOD CO~ JR. and FRED A. LICO, known to Ire
to be the persons who executed the . th . . CIAL PROPERrIES, and known to Ire
nership therein na.ITed and acknowled Wl d : lnstruIrent on behalf of such part-
saIre. ge Ire that such partnership executed
~N WITNESS WHEREOF, I have hereunto set h d .
seal ill the County of Santa Clara th d ~ an. and. afflXed ~ official
above written. e ay and year ill thlS certificate first
~mj'UBUU~RgUU! uIIDIUIIIR! nuu RIIRUIRRiI~llIlIijanUUBl'U'.' 0
:: OFFICIAL SEAL :
:: MilLIE FISHER fi
.. '"
: NOTARY PUBLIC . CAUFORNIA :g
i'l PRINCIPAL OFFICE IN THE ::
= COUNTY OF SANTA ClARA =
i ,'Vly Commission Expires January 27. 1981 5
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NarARY~
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CITY OF GILROY
DEVELOPMENT COST SCHEDULE
F 341 P~';: 306
No.
Delte
5-13-80
'I nit I Ii , cd
S. L.
Location of property
Southeast Corner of 1st and Wren
, ~
A~ses~ofls Parcel j
P9rS(~1 ~I
808-12-006
Name of Applicant
C9st1ewood Commerci?1 Propert~
Audres~
Type of Development Proposed
Commercial
Area
11.071 sa.ft. = 0.713 Ac.
Storm Drain
A-I @ $3,OOO/Ac.
,
Frontage
190.~71 on 1st St.
166.06 on Wren Ave.
COST SCHEDULE
l. Front foot Water Chargei
Wren Ave.
1st St. 19l If ~ S7.7~ If.f. . $1,486
.
2. front foot Sewer ChClfge5
Wren Ave.
1st StreE:t LF t! IF.f. .
3. Front Foot Stofm Chaf~es
Wren Ave.
1st St. If (!l IF.f. .
It . Front Foot Street Improvements
Wren Ave.
1st St. 2,674 Sf ~ $0.80 IS.F. . $2,139
Paid
~ wtb1~9. permit
o
$ 0
Paid
$ 0
Paid
$ w/bldq. permit
5. Front Foot Curb & Gutter Charges
Wren Ave.
1st Stre~t LF t!l ____I
.
$
Paid
Paid
6. Area Water Charge
0.713
Acres @ $1006 lAc. . $717
----..---
$ w/b1dg. permit
7~ Area Offslte Storm Drainage Fees
F 341 p~~: 307
0.711 _Acres @ $31000
8, Offsite Sanitary Sewer Fees
/ Acre ..$2,139
$ w/b1dg. permit
@
/
..
$ w/b1dg. permit
9. Recreation Fees
@
/
..
$
N/A
10. Engineering PlcHl Check & Inspection
~% x $7000
.. $280
$ w/improvements
II. Water Meter Charge
Meter @
..
$ w/b1d~. permit
12. E 1 ec t ro 11 e rs
Wren Ave.
1st Street 180
LF @
$4.40
. $792
$ w/bldg. permit
13. fire Hydrant$
Wren Ave.
1st Street
LF @
.
$
Paid
Paid
14. Construction Water
ILf +
/Acre-
$ w/b ldg. permi t
15. Streets Trees
@
16.
17.
Total ..
ST I PUlATl ONS
-2~
F 341 r~':: 308
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 IS #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 E1ectro1iers 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 E1ectro1iers 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