South County Castlewood a Joint Venturei
•• PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EYTENSIMIS OF 'HATER DISTRIBUTION SYSTE'3S:
IMPROVEMENT OF STREET.''; I " RM
1STALLATION OF SEDERS, STO
DRAINS AM OTHER PUBLIC 14ORKS FACILITIES
This agreement made and entered into thisl7th day of July
19__D by and between the City of Gilroy, a municipal corporation, herein called
the "City" and SOUTH COUNTY CASTLEWOOD A JOINT VIIuURE
a real property owner,
developer or subdivider, herein called the "Developer."
WITNESSETH:
tMEREAS, 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:
CASTL�'WOOD #11 TRACT # 6286 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,
UPEREAS, 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,
IIHEREAS, 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 concern-
ing the subject matter of this agreement are hereby referred to and incorpora'-c
herein to the same effect as if they were set out at length herein. Said "odes.
Ordinances and Regulations include, but are not limited to, the following. 'r'-e
Code of the pity of Gilroy (including but not limited to Shapt(•rs 12A, 1y 2J, 21
and Res. 76 -41 and 76 -47, thereof pertaining to local improvement procedures in
subdivision or development respectively); Ordinance ado. 602 (Subdivision Procedure,
etc.); Ordinance No. 711 (Zoning Ord.); Ordinance No. 1768 (1973 Uniform Building
Codeti; %I es and Regulations. Included in the above arx, al" o' the above referred
+o (.;oje!� 'Irdinances, Resolutions, Regulations and SubstitA!r,ions thereof, as
to tho 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, Ordi-
nances and other Regulations.
b. To grant to the City without charge, free and clear of encumbrances,
any and ail 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 ail 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 $ 370,000 , and shall guarantee the
faithful) performance of this agreement; one 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 foe 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.
SECT 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
Thut all the provisions'of this agreement and all work to be done pur-
suant to-the; terms of this agreemeht are to be'completed within one:.'year. frorr
and after the date and year first above written.
SECTION 5
That the special provisions concerning the particular real estate re-
(erred 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, •n its election, may enforce the perfor-
mance of any provision herci,:, 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.
S ECT IOol 7
That the follot►ing 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 DEVELOPME'1T COSTS CITY'S COSTS BALANCE
a. Easements s Rights
of way "On Site" $ 1000 $ -0- $1000
b. Easements & Rights
of way "Off Site" $ 100% $ -0- $ 1000
c. ±Fater `On Site"
$
100%
$ -0-
$ 100%
d. '.later ''Off Site'
$
20,401.68
$ -0-
$ 20,401.68
e. Sewer "On Site"
$
1000
$ -0-
$ 100.%
r . S e,. e r "0 f f Site"
$
deferred
S -0-
$ deferred
pSyable with building
permits
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Storm Drainage
"On Site"
h. Storm Drainage
"Off Site"
$ 100% $ -0- $ 100%
$ 17,603.04 $ 15,000.00 $ 2,603.04
i. Engineering, Inspec-
tion, E Plan Check, 14,800
4% x $_-170,000 $ 140R M $ -0- $
J. Street Tree
Planting
With Building
Permit
$ Deferred
k. Construction Mater,
Dust Control E
Earthwork $ 649.33
1. Street Paving
n. Street Curb E
Gutter
n. >idF:•. ;.iiks
$ -0- $ deferred
$ 649.33
$ 100% $ -0-_ $ 100 %
$ 1000
$ -0- $ 100
$ 100% $ -0- $ 100%
c•. Streei :mine Signs $
p. Fire Hydrants
"On Site"
100%
$ 100%
h
$ —0— S 100%
$ -0- S 100%
x ,
q. Street Lighting $— 100% _ $ —0— $ 100%
DUE r.rY BY DEVELOPER $- 3.454.05
DUE DEVELOPER BY CITY $ 15,000.00
14ET DUE CITY $ 38,454.05
IN IJITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
CITY OF GILROY
DEVELOPER
a
By
Sou of r, -
DATE 3-6-78
MOTE: 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.
ADDITIONAL STIPULATI01S AND TERMS
TO THEDEvEWPK!1r AGREEMENT
CASTLEWOOD 11
8ETUEEN THE CITY ANDa ,joint venture DATED March 8, 1978
1. Owner agrees to dadica.te 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 honored.
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 agress to construct the storm outfall into the Uvas - Carnadaro
Creek to reduce existing storm flows in the Princevalle Storm Drain
System. The City will participate in the outfall system. A credit of
$15,000.00 will be granted the offsite storm fees with this agreement.
Actual quantities will be determined upon completion of the work. A
copy of the construction bid will be suh mitted to the City. Any
adjustment in the cost of the outfall will be made to the appropriate
party upon completion and acceptance of the work. The City's responsibility
for this work shall be only that portion outside of this development.
`S;,,76
SIGNATURE
__Mal or
Location of property
CITY OF GILROY
DEVELONIENT COST SCHEDULE
West of Castlewood #10
1,10.
Date March 8, 1978
Initialed
Assessor's Parcel # 808 -17 -02
rJame of Applicant South County Castlewood a Joint Venture
Address
Type of-Development Proposed R-1
Area 20.28 Storm Zone A $868/AC
Frontage
N.A. = Not Applicable
W.P.B. = With Building Permit
COST SCHEDULE
1. Front Foot tlater Charges
LF @ /F.F. _
2. Front Foot Sewer Charges
LF @ /F.F. _
3. Front Foot Storm Charges
LF @ /F.F.
4.--Front-Foot Street Improvements
SF 0. / S.F. _
5. Front Foot curb & gutter charges
LF @ /
6. Area tlater Charge
20.28 Acres @ $1006. /Ac. _
N.A.
N.A.
N.A.
N.A.
_ N.A.
$ ZQ,401.68
7.
Area Offsite Storm Drainage Fees
20.28 Acres D $868 /Acre =
17,603.04
8.
Offsite Sanitary Sewer Fees
W.B.P.
9.
Recreation Fees
W.B.P.
10.
Engineering Plan Check & Inspection
4 10) x 370,000.00
14,800.00
11.
! later Meter Charge
Meter 0 =
$
W.B.P.
12. Electroliers
LF @ _
13. Fire Hydrants
LF @
14. Construction dater
3565 /LF +20.28 /Acre _3565x.15+20.28x$5.65
534.75 + 114.58
15. Street Trees
16. _
17. _
$ by developer
by developer
r A A 1 7
s W.B.P.
Total = $ 53,454.05
STIPULATIONS