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South County Development Corporation and Castlewood Park (2)PROPERTY NVELOPME dT AGREEMENT AGREEMENT FOR EXTENSI0"IS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS; 114 STALLATION OF SEI!ERS, STORM DRAINS XiD OTHER PUBLIC 11JORIKS FACILITIES This agreement made and entered into this 31 day of December , U) 75 , by and between the City of Gilroy, a municipal corporation, herein called South County Development Corporation and the `City" and Castlewood Parks, Inc. doing business as , a real property owner, a joint venture under the name South County Castlewood developer or subdivider, herein called the "Developer" WITNESSETH: 'IHEREAS, 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: Caslew o ni Tract #5751 and, 'JIiEREAS, 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, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promul,ated concerning the subject matter of this agreement and, VNEREAS, 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. NOJ THEREFORE, in coils i.;erat ion: of thG preiiises 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: SECT I ON I 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 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, 11;, 20, 21 and Res.75 -43, thereof pertaining to local improvement procedures in subdivision or development respectively); Ordinance ►do. '02 (Subdivision Procedure, etc.)Ordi- nance NO. 711 (Zoning, Ord.) ; Ordinance N0.1 768 (1975 Uniform tau i Wing Code) ; Ru l q' and Regulations. Included in the above are all of the above referred to Code , Ordinances, Resolutions, Regulations and Substitutions therefor, as amended to the time of execution of this agreement. SECTION 2 The Developer agrees: a. 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 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 improve- ments as set out herein, according to the standards heretofore estab- lished, 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, each of which shall be executed in the face amount of no less than $ 145,000.00 __ , and one of which bonds shall guarantee that faithful performance of this agreement and the other said bond 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. 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 costs to be borne by the City, shown in Section 7 the1'- of to be due under the terms and provisions of this agreement. SEC_ T_ 'ON 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 pursuant 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 referred 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 here- -2- u�: sha I I re I ease tbc- C f rnm aw), a rq-j ice!t th!. C*it',:, at Its 10ct ivn, may C--- forct the perfor!-,7,nzt.; u arsy p.ovision h-!rein. or anv risht accruing to t!,e or may pursue awv *remedy whatsoevar it may S-tate ),I: L01- vrnia or tt-- Codes, Or, -cy, the evant,'bf any such &efrjult L- Deveiope-- of the Ci it i Sirs It �r 7 ihat the 'following ;:rc the e5timated amounts of costs tc be borne the 4,:ipactive parties herev), and it is further understood and , reed that said ampounts ar,� estimated only ai=d are subjectic to final Jeterirninaticn upc).j ccrrpietlon of the too rk. a. Ease-Pents & Rights-of-way ,On Site". b, E-ase' --:,ents & Rights-of-way "Off Site", C. Street Paving See Calc. Sheet DEVELOPMENT CCSYS ,6 100% 100% 7,136-34 d. Street Curbing; sea City $ 100% e. Sidewalks; see City Code, f. Stree"L Naine Signs; see Cit7 100% I- 100% -3- COSTS -0- $--. -0- —7,136.34 $ 1 -0- - -0- S -0- 0 g. Street Tree Planting t; Parkway lmprovements9 City Code, r Deferred See Stipulation #5 h. Street Lighting; $ 100% i . Vater "On Site" $ 4,467.96 j. 'later "Off Site" $ 11,754.36_ _ k. Sanitary Sewer "On Site' $ 3,537.14 1. Sanitary Sewer, "Off Site" $ Deferred See Stipulation #5 m. Storm Drains On Site S 100% $ -0- $ -0- $ 3,465.44 - - -- $1,002.52 $----0- $11,754.36 $ -0- 3,537-14 $ -0- $ -0- n. Storm Drains, Off Site' $,10,150.35 $ -0- _ $10,150.35 12.5312 Ac. @ 810.00 /Ac. o. Engineering, inspection Plan Check 4% x $_._1!+5.Q9D. $ 5,800.00 -0- 5,800-00 p. Construction Water 365.04 -0- $ 365.04 -4- DUE C I T Y Y DE-VELOPER DEVEi-O"'R 5" CITv NET DUE CITY $ 43,211.19 $ 3,465.4L4 $ 39,7L5�.75 IN WITNESS YHERIEOF, said parties have caused these presents to be eXiZ:CILJ�: ?d the date and year first -?b,)ve written. ATTEST: City CTerk FORM APPROVED: City At orney CITY OF GIL South County Development-Corporation and Castlewood parks Inc. doing business as a a joint venture under the name South County Caot LeWOC)d N By BY ,��01'E: 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. -5- DEVELOPMENT FEES CASTLEWOOD PARK #9 CALCULATION SHEET Area 12.5313 Acres Frontage on Third Street 654.71 L.F. A. WATER 1. Offsite Water 12.5313 Ac. @ 938.00/Ac. $ 11,754.36 2. Onsite Water (Wren Avenue) Credit 12" - 8" (16.00 - 12.00) 866.36 x 4.00 ) 3,465.44 3. Existing Water Main 744.66 L.F. 8" cIP @ 6.00 4,467.96 B. SANITARY SEWER 1. Onsite Sanitary 744.66 L.F. @ 4.75/L.F. 3,537.14 2. See Stipulation No. 5 C. STORM DRAINAGE 1. Offsite Storm Area A 12.5313 Ac. @ 810.00 10,150.35 D. STREET IMPROVEMENTS 1. Developers Liability Third Street 654.71 @ 10.90 /F.F. 7,136.34 E. STREET TREES W /Building Permit See Stipulation #5 F. CONSTRUCTION WATER 365.04 G. ENGINEERING PLAN CHECK & INSPECTION 4% x 145,000 5,800.00 Telephone 842 -9321 SMW DEPARTMENT OF PUBLIC WORKS OUT'itv of 6ilriag 7377 Church Street, P. O. Box 66 GILROY, CALIFORNIA DAVID W. HANSEN 95020 DIRECTOR OF PUBLIC WORKS CITY ENGINEER CASTLEWOOD #9 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. �S. The owner shall dedccate the 15' School Access Walkway to the School District.