Pre-Annexation Development Agreement
DOCUMENT: 13801120 Titles 1 / Pages: 59
~CORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
;>0013801120;>
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020-6141
Attn: City Clerk
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Fees .+ No Fees
Taxes.
Copies
AMT PAID
RDE f:l 008
8/05/1997
852 AM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF THE CITY OF GILROY
AND IS ENTITLED TO BE RECORDED FREE OF CHARGE IN ACCORDANCE WITH
SECTION 6103 AND 27383 OF THE GOVERNMENT CODE
PRE-ANNEXATION DEVELOPMENT AGREEMENT
FOR HECKER PASS
between
NOB HILL GENERAL STORE, INC.,
a California corporation ("Developer") and
the CITY OF GILROY,
a municipal corporation (the "City")
\KKS\325071.08
76.042004706031
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TABLE OF CONTENTS
Page
A. Capitalized Terms......................................1
B. The proj ect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
1. Phase 1 of the proj ect. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. Phase 2 of the Project............... ... ..........2
3. Phase 3 of the Project............................2
C. Description of Project under County Jurisdiction.......2
D. California Government Code Provisions..................3
E. City of Gilroy Development Agreement Legislation.......3
F. Construction of Public and Private Improvements........4
G. Project Benefits.......................................4
H. Status of City General Plan............................4
I. Existing City Approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
J. Status and Impact of CEOA.............................. 5
K. Pre-Annexation Development Agreement Appropriate.......5
L. Administrative Action..................................5
1. CONSTRUCTION OF PUBLIC IMPROVEMENTS....................6
1.1. Off-Site Extension of City Water Main...........6
(A) From Golf Course to Project ...............6
(B) From Santa Teresa to the Golf Course ... ...6
1.2. On-Site Extension of City Water Main............7
1.3. Zone 1 Water System............................. 7
1.4. Water Main Loop/Water Master Plan...............7
1.5. Extension of Sewer Main. . . . . . . . . . . . . . . . . . . . . . . . .7
1.6. Sanitary Sewer Siphon Cost Split................8
1.7. Traffic Improvements............................ 8
(A) Theme Park Development ......... ...........8
(B) Mitigation Measures ............ ...........8
1.8. Storm Drain Construction and Installation.......9
1.9. Public Improvement and Other City Fees..........9
(A) Sewer and Water Development Fees ..........9
(B) Traffic Impact Fees .......................9
(C) Future Public Improvement Fees ..... ..... .10
1.10. Improvement Agreements and Deferred
Improvement Agreements ........................10
2. OUALIFIED APPLICANT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
3. EFFECTIVE DATE; TERM................................. .10
3 . 1 . E f f e c t i ve Date................................. 10
3 . 2 . Ope ra t i ve Da t e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
(A) Annexation of the Property;
Termina t ion .............................. 11
3 . 3 . Te rm. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4. GENERAL DEVELOPMENT OF THE PROJECT....................11
4.1. Annexation of Property.........................11
4.2. Subdivision and Parcelization of Property......11
4.3. Building Permits and Other Approvals...........11
4.4. Other Governmental Permits.....................11
4 . 5 . Exa c t ions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.6. General Standard of City Review................12
4.7. Operating Memoranda. . . . . . . . . . . . . . . . . . . . . . . . . . . .12
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4.8. Consistency with proiect EIR.................. .12
5. SPECIFIC CRITERIA APPLICABLE TO DEVELOPMENT OF THE
PROJECT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.1. Applicable Ordinances And Approvals............13
(A) Ordinances Affecting Phase 1 .............13
(B) Ordinances Affecting Phases 2 and 3 ......13
(C) Government Code Provisions...... .........13
5.2. Governing Approvals. .............. .............13
(A) Existing County Approvals: Sunset
P rov is ion ................................ 14
(B) Acceptance of Pre-Existing Plans and
Improvements ............................. 14
(C) Water and Fire Fighting Requirements .... .15
5.3. Easements: Abandonments................ ........15
6. CONSTRUCTION OF IMPROVEMENTS.......... .......... ......16
6.1. Construction of Public Improvements............16
6.2. Bonds and Insurance............................16
6.3 . Indemnity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
6.4. Construction of Phase 1 Improvements...........17
7 . ANNUAL REVIEW PROCESS................................. 17
7 . 1 . Annual Review.................................. 17
7.2. Developer's Submission......................... 17
7 . 3 . Report on Compl iance. . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7.4. Finding of Noncompliance.......................18
7.5. Miscellaneous Requirements in Connection
With Annual Review........................... .18
8. PERMITTED DELAYS: SUPERSEDURE BY SUBSEQUENT LAWS......18
8.1. Permitted Delays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
8.2. Supersedure by Subsequent Laws.................19
9. EVENTS OF DEFAULT: REMEDIES: TERMINATION:
ATTORNEYS' FEES: CHALLENGE............................ 19
9.1. Events of Default............................. .19
9.2. Limitation of Remedies... ..................... .19
9.3. Waiver: Remedies Cumulative....................20
9.4. Litigation Expenses............................ 20
(A) Payment to Prevailing Party ..............20
(B) Scope of Fees ............................21
9 . 5 . E f f e c t 0 f Te rmi na t ion. . . . . . . . . . . . . . . . . . . . . . . . . . 21
9.6. Estoppel Certificate...........................21
9 . 7 . Chall enge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
10. MORTGAGE PROTECTION: CERTAIN RIGHTS OF CURE..........22
10.1. Mortgagee Protection.......................... 22
10.2. Mortgagee Not Obligated.......................22
10.3. Notice of Default to Mortgagee: Right of
Mortgagee to Cure .............................22
(A) Notice From Mortgagee ....................22
(B) Mortgagee Right to Cure ..................23
11. TRANSFERS AND ASSIGNMENTS....... ........... ......... .23
11. 1. Rig h t to As sign. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3
11.2. Release Upon Transfer.........................24
11.3. Covenants Run With The Land...................24
12. AMENDMENT AND TERMINATION............................25
12.1. Amendment or Cancellation.....................25
12.2. Recordation of Amendment. ..... ............... .25
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13 . NOTI CES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
13 . 1 . Procedures.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
14 . MISCELLANEOUS........................................ 26
14.1. Negation of Partnership.......... ............ .26
14.2. Approvals..................................... 27
14.3 . Severabil i ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
14.4. Exhibits..................................... .27
14.5. Entire Agreement.............................. 27
14.6. Construction of Agreement.....................28
14.7. Governing Law................................. 28
14.8. References; Terminology.......................28
14.9. Signature Pages............................... 28
14 . 10. Time.......................................... 28
List of Exhibits
EXHIBIT "A" - DEFINED TERMS.......................... 33
EXHIBIT "B" - LEGAL DESCRIPTIONS.....................35
EXHIBITS "C-l" AND "C-2" - PROPERTY SITE PLANS.......36
EXHIBIT "D" - LIST OF COUNTY APPROVALS...............37
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PRE-ANNEXATION DEVELOPMENT AGREEMENT
FOR
HECKER PASS. . . A F AMIL Y ADVENTURE
THIS PRE-ANNEXATION DEVELOPMENT AGREEMENT (the
"Agreement") is made and entered into this 2nd day of April,
1997, by and between Nob Hill General Store, Inc., a
California corporation ("Developer") and the City of Gilroy,
a municipal corporation (the "City") and is made with
reference to the following facts and objectives:
RECITALS
A. Capitalized Terms. This Agreement refers to and
utilizes certain capitalized terms which are defined in this
Agreement. The parties hereto intend to refer to those
definitions in conjunction with the use of such defined
terms throughout this Agreement. A list of such defined
terms is attached hereto as Exhibit "A."
B. The pro'i ect . The proj ect ( "proj ect") consists of
the development and construction of a theme park (the "Theme
Park") in Phases 1 and 2, along with certain additional
facilities supporting the Theme Park to be constructed in
Phase 3, the parameters of which are described in the
Project EIR and which are located on approximately 265.49
acres within a total of 641.79 acres of real property (the
"Property"), which is situated on the south side of Hecker
Pass Highway (State Highway 152) in Gilroy, California. The
proj ect is commonly known as "Hecker Pass A Family
Adventure." The remaining 376.30 acres of the Property will
be designated as "Open Space" on the City's General Plan.
The legal descriptions of the parcels comprising the
Property are attached hereto as Exhibit "B. " Each of the
three Phases are described as follows:
1. Phase 1 of the Pro'iect. "Phase 1" consists of
approximately eighty (80) acres designated as Phase One on
Exhibits C-l and C-2 attached hereto, together with the
improvements constructed or to be constructed thereon. The
pri vate improvements constructed or to be constructed in
Phase 1 of the Project (the "Phase I Improvements") include
approximately 35 acres of landscaped recreational areas that
currently feature a large lake with waterfalls, several
narrow gauge trains that wind through the Theme Park,
certain rides and attractions and one-of-a-kind sculpted
"circus" trees. Attached hereto as Schedule 1 is a listing
of all of the Phase I Improvements segregated, as of the
date of the Agreement, as to (i) those that are completed or
in the process of being completed as of the date hereof and
(ii) those that are to be completed in the future. Within
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ten (10) days after annexation of the Property into the
City, Developer shall provide City with an updated Schedule
I, setting forth as of the date of annexation, all of the
Phase I Improvements segregated in the manner described in
the prior sentence.
2. Phase 2 of the Project. "Phase 2" consists of
approximately forty-eight (48) acres designated as Phase Two
on Exhibits C-l and C-2 attached hereto, together with the
improvements constructed or to be constructed thereon. The
exact description of the improvements to be constructed
during Phase 2 of the Project are not now known, but
Developer anticipates that the improvements to be proposed
by Developer for Phase 2 will consist of (i) improvements on
two areas totaling approximately 18 acres designed to
accommodate, among other things, the expansion of the
activities conducted within the Theme Park and (ii)
improvements on an area approximately 30 acres designed to
accommodate, among other things, additional improvements
dedicated to support facilities for the Theme Park,
including without limitation parking and access to the Theme
Park.
3. Phase 3 of the Project. "Phase 3" consists of
approximately one hundred thirty seven and 49/100 (137.49)
acres designated as Phase Three-Future on Exhibits C-l and
C-2 attached hereto, together with the improvements
constructed or to be constructed thereon. The exact
description of the improvements to be constructed during
Phase 3 of the proj ect are not now known, but shall be
constructed in multiple phases on the remaining 137.49 acres
of the Project. Developer anticipates that the improvements
proposed by Developer for Phase 3 of the Project may include
a motel, expansion of the Theme Park, a conference center,
as well as additional commercial and retail structures,
which uses are consistent with the City's current General
Plan and zoning designations for this area. A portion of
the 137.49 acres designated as Phase 3 contains the existing
Group Picnic Area which improvements shall either remain as
is, or be redeveloped during Phase 3. Each of the three (3)
phases of construction of the proj ect are depicted on the
"PADA Property Site Plan Master Plan," dated June 14, 1996
and the "Theme Park - Approved in County Master Plan," dated
June 14, 1996 attached hereto respectively as Exhibits "C-1"
and " C - 2 " .
C. Description of Prolect under County Jurisdiction.
Developer has advised the City that as of the date of this
Agreement the events described in this Recital C have
occurred. The General Plan of the County of Santa Clara,
California ("County") was amended to incorporate a Scenic
Service zoning for the Project in 1982, with the final
Environmental Impact Report ("EIR") required for that action
being certified by the County Board of Supervisors on
HPFA Development Agreement - Page 2
November 23, 1982. Additional traffic studies were prepared
by Brian Kangas Foulk in September 1982 and a subsequent EIR
(addressing sewage) was prepared and certified in 1986. The
County initially issued a Use Permit for the Project dated
June 19, 1987. In October 1988, Developer submitted an
application for an amendment to the Use Permit to the
County. The architectural and site approval ("ASA") for
this amendment, including master grading, was granted on
February 9, 1989. Since that time, a number of ASA
submittals have been made and approved by the County for
portions of the project. In August 1993, an ASA submittal
was filed for the approval of certain rides and attractions
for the Theme Park, and was approved, subject to certain new
conditions, on November la, 1993. On appeal to the County
Board of Supervisors, the ASA for the Theme Park for those
rides and attractions was approved on April 14, 1994. As a
result of these approvals by the County, as of the date of
this Agreement, Developer has advised the City that
Developer has been granted all of the discretionary
approvals required to develop and construct Phase 1 and that
portion of Phase 2 of the Theme Park depicted on Exhibit "C-
~ as "Phase Two (Approved in County)" save and except for
the approvals required to develop the area within the Theme
Park designated as "Future Expansion Area," as are shown
thereon. The development of both the "Future Expansion
Area" and the property comprising Phase 3 will require
future approvals by the City or County, depending on the
date of annexation. Attached hereto as Exhibit "D" is a
listing of the approvals obtained from the County as of the
date of execution of this Agreement by City and Developer.
D. California Government Code Provisions. In order to
strengthen the public planning process, encourage private
participation in comprehensive planning and reduce the
economic risk of development, the Legislature of the State
of California adopted Section 65864 et seq., of the
Government Code (the "Development Agreement Statute"), which
authorizes the City to enter into a property development
agreement with any person having a legal or equitable
interest in real property, in order to establish certain
development rights in such real property.
E. City of Gilroy Development Agreement Legislation.
The Development Agreement Statute authorizes the City to
adopt legislation authorizing the entry into development
agreements in connection with the development of real
property in an unincorporated area within the City's sphere
of influence except that such agreements will not become
operative unless annexation proceedings annexing the
property to the City are completed within the time specified
in the development agreement. City Resolution No. 83 - 67
dated September 6, 1983 (the "Development Agreement
Resolution") was adopted pursuant to the Development
Agreement Statute.
HPFA Development Agreement - Page 3
F. Construction of Public and Private Improvements.
The execution of this Agreement and the subsequent annexation
of the Property shall permit the City to oversee the
development and construction of certain public improvements
that may be associated with the proj ect. Subj ect to normal
fees and processing procedures then in effect, the City
hereby agrees to approve the issuance of all building permits
for any Phase I Improvements which on the date of annexation
do not have building permits in effect, but for which all
other County approvals necessary to allow construction of
such improvements have been obtained and remain in effect at
the date of annexation (the "Remaining Phase I
Improvements"), on the condition that the Remaining Phase I
Improvements conform to the City's then existing building,
fire and health and safety codes and applicable State Laws.
G. Project Benefits. The parties hereto believe that
the orderly development of the Project, as conditioned by
this Agreement, will provide many public benefits to the
City, not only by confirming that all remaining private
improvements for which City issues building permits are
constructed to conform to the City's then existing building
fire and health and safety codes, but also by the generation
of increased tax revenues resulting in fiscal benefits to the
City, the installation of on-site and off-site public
improvements I the construction of beneficial commercial and
entertainment establishments within the City, and the
creation of new jobs, both in connection with the
construction of the Project and the ongoing operation
thereof.
H. Status of City General Plan. The City has completed
its review of its General Plan and has made the requisite
findings that the execution of this Agreement is consistent
with and conforms to (i) the requirements of the Development
Agreement Resolution and (ii) the City's General Plan.
I. Existing City Approvals. The "Existing City
Approvals" consist of (i) the acceptance of the Project into
the City's Urban Service Area, (ii) the designation of the
Project on the City's General Plan and (iii) the
certification of the proj ect EIR. Each of these approvals
are consistent with the goals and policies of the City's
General Plan, and have been approved based on findings that
the Project is consistent with the objectives of the City's
General Plan, including without limitation, the objective to
maintain the overall quality of life and of the environment
within the City, while imposing appropriate standards and
requirements with respect to land uses, building heights and
densities, traffic improvements, and other support
facilities.
HPFA Development Agreement - Page 4
J. Status and Impact of CEOA. In connection with the
granting of the Existing City Approvals, an Environmental
Impact Report was prepared for the proj ect by EMC Planning
Group, Inc., and was certified by the City Council of the
City of Gilroy ("City Council") on July 16, 1990 (the
"Project EIR") which included an analysis of the
environmental effects which could result from the Project, as
therein defined. The proj ect EIR identified the possible
environmental effects of the proposed general plan amendment,
pre - zoning, annexation and the development of the proj ect
that might be significant and imposed a number of measures
designed to eliminate, mitigate, or otherwise reduce to an
acceptable level, the possible effects of the proposed
Project (the "Mitigation Measures"). The City has found that
no new impacts, not considered in previous EIRs, and no new
information, which was not known or could not have been known
at the time of the certification of the proj ect EIR that
would materially impact Phase 1 of the proj ect, has become
available to City. Prior to entering into this Agreement,
the City has reviewed the proj ect EIR and the Mitigation
Measures. Provided that there has been no material change to
Phase 1 from that contemplated under the Project EIR, no
subsequent or supplemental Environmental Impact Reports are
currently necessary or required under the California
Environmental Quality Act ("CEQA") with respect to Phase 1 of
the Project.
K. Pre-Annexation Development Agreement Appropriate.
The City has determined that the Project is a development for
which a Pre-Annexation Development Agreement is appropriate
in order to achieve the goals and objectives of the City's
land use planning policies and in order to provide
appropriate assurances to the Developer regarding the
conditions pursuant to which it can complete the development
and construction of the Project.
L. Administrative Action. On February 6, 1997, the
City of Gilroy Planning Commission held a duly noticed public
hearing on this Agreement and found this Agreement consistent
with the City's General Plan, and recommended to the City
Council that it approve the required Enacting Ordinance.
Thereafter on February 18, 1997, the City Council held a duly
noticed public hearing on this Agreement, and on March 3,
1997 adopted Ordinance No. 97-4 required to enact this
Agreement ("Enacting Ordinance").
NOW, THEREFORE, pursuant to the authority contained in
the Development Agreement Statute and Development Agreement
Resolution, and in consideration of the mutual covenants and
promises contained in the foregoing Recitals and the mutual
covenants and promises of the parties hereinafter set forth,
the parties agree as follows:
HPFA Development Agreement - Page 5
1. CONSTRUCTION OF PUBLIC IMPROVEMENTS.
improvements shall constitute the "Public
required of Developer in connection with the
development and operation of the Project:
The following
Improvements"
construction,
1.1. Off-Site Extension of City Water Main. In
connection with the extension and sizing of the City's water
main to the Project, the parties agree as follows:
(A) From Golf Course to Project. Developer shall,
during Phase 1, install a 24" water line to the Project, by
extending the existing water main along Highway 152 from the
golf course to Burchell Road, then south along the east side
of Uvas Creek for approximately 1,000 feet, at which point
the water main shall cross below Uvas Creek approximately
250' to the west bank of Uvas Creek for future connection to
the Project's on-site water system. The extended water main
shall end with a water valve and cap. Water service to the
Project, including air gap, will require a separate permit
from the City. That portion of the extended water main to
be constructed within the Caltrans right-of-way, has been
heretofore approved by Caltrans Encroachment Permit No.
0495-6UL0188, dated February 1, 1995. Developer shall
obtain all approvals required from Caltrans for the work to
be done within the Caltrans right-of-way at Developer's
cost. The parties agree that the City shall reimburse
Developer, per the then current City reimbursement schedule,
the cost difference associated with installing a 24" pipe
versus an 18" pipe. The City's issuance of an encroachment
permit to the extent necessary to allow the 24" water main
to be constructed across the golf course shall be at no cost
to Developer.
(B) From Santa Teresa to the Golf Course. The
water main from Santa Teresa Boulevard to the golf course is
currently 16". If the existing 16" water main has not been
upgraded at such time that Developer's known or anticipated
demand for water for the Project exceeds the capacity of the
existing 16" main, then Developer agrees to install a 24"
water main from Santa Teresa Boulevard to the golf course,
conditioned upon the costs thereof being shared as
hereinafter described. Developer and City shall pay for all
of the costs associated with planning, designing,
constructing and installing a 24" water main, so long as (i)
all of such costs relating to the first 16" thereof are
allocable to and paid by the City, (ii) all of such costs
relating to any capacity in excess of the first 16", if any,
based on Developer's then existing or anticipated water
needs for the Project, are allocable to and paid by
Developer, and (iii) all additional costs, if any, are
allocable to and paid by the City. The percentages of the
foregoing costs to be borne by each party shall be the
percentages derived by comparing the relative costs assigned
HPFA Development Agreement - Page 6
to such improvements on the City's then existing fee
schedule.
1.2. On-Site Extension of City Water Main. The
further extension of the water main through the frontage of
the Project to serve adjacent properties shall be deferred
by the Developer in accordance with a deferred improvement
agreement entered into pursuant to Section 1.10, pursuant to
which Developer shall extend such service on demand by the
Ci ty based on development to the west of the proj ect and
provided a bond, set-aside letter or other approved security
is provided for the future extension of the water main, all
in accordance with the deferred improvement agreement. The
Developer shall grant to the City, simultaneously with the
annexation of the Property, a 30-foot easement in order to
accommodate the construction, installation and maintenance
of the water line and other utilities and services in the
future on terms and conditions satisfactory to City.
1.3. Zone 1 Water System. The Project is and shall
remain excluded from the City's future Zone 2 water system,
and it is understood and agreed that the City shall provide
Developer with water through the City's distribution system
at Zone 1 pressure. Developer shall not have any obligation
to participate in the cost of the City's Zone 2 water
system, and City shall not be obligated to provide a future
Zone 2 or higher water system connection to Developer. The
proj ect shall be separated from the City's Zone 1 water
system by an appropriate air gap system satisfactory to
City.
1.4. Water Main Loop/Water Master Plan. Since the
Developer has opted not to be a part of the City's Zone 2
water system, the loop shown in the Water Master Plan has
been relocated to the east, and Developer shall not be
required to construct or contribute to the cost of
constructing the loop. In addition, it is expressly
understood and agreed that Developer shall have the right to
use well water for irrigation of the Project, subject to all
City, County, Santa Clara Valley Water District or other
governmental rules and regulations, without the imposition
by the City of any well, pumping or similar tax or
assessments. Developer acknowledges that agencies other
than the City, such as, for example, the Santa Clara Valley
Water District, may impose such taxes or assessments.
1.5. Extension of Sewer Main. The extension of the
sewer main through the frontage of the proj ect to serve
adj acent properties to the west of the proj ect shall be
deferred in accordance with a deferred improvement agreement
entered into pursuant to Section 1.10, pursuant to which
Developer shall extend such service on demand by the City
based on development to the west of the Project and a bond,
set-aside letter or other approved security is provided for
HPFA Development Agreement - Page 7
the future construction of such sewer main, all in
accordance with the terms and conditions of the deferred
improvement agreement. Consistent with Section 1.2
hereinabove, Developer shall grant, simultaneously with the
annexation of the Property, the 30-foot easement referenced
in Section 1.2 in order to accommodate the construction,
installation and maintenance of the sewer main in the
future.
1.6. Sanitary Sewer Siphon Cost Split. The Project's
anticipated domestic water demand of 250 GPM can be
accommodated by a 6 - inch sanitary sewer siphon. However,
due to the potential for future development west of the
Project, the City believes that the use of an 8-inch and a
10-inch sewer siphon may be required for such future
development. Consequently, Developer shall install 611, 8 II
and 1011 sanitary sewer siphons under Uvas Creek during Phase
1 of the Project and shall grant a 30-foot sanitary sewer
easement to the City upon completion thereof. The cost of
installing the 8-inch and the 10-inch sanitary sewer siphons
based on the City's then current cost schedule shall be
reimbursed to Developer by the City if, within fifteen (15)
years from the date hereof, the City receives any fees from
third parties for connecting to the sanitary sewer system
utilizing any of the siphons installed by Developer.
1.7. Traffic Improvements. Developer and the City
agree that the following improvements shall be required of
the Developer now and in the future:
(A) Theme Park Development. Developer has
designed and pre-engineered the entrance to the Project from
Hecker Pass Highway (State Highway 152) to accommodate
signalization. Developer will, at its sole cost and
expense, signalize this intersection when Caltrans or the
City warrants that it is required and approves the
construction thereof. Developer shall diligently pursue
such approvals, at Developer I s cost. In consideration of
such commitments, Developer shall not be required to make
any additional traffic related improvements during the
construction of Phase 1.
(B) Mitigation Measures. Developer and City
recognize and acknowledge that the impact of future phases
of development on traffic related issues is unclear and
uncertain at this time. Specifically, the parties have
determined that because of such uncertainty, the
implementation of Mitigation Measures 16 and 17 mayor may
not be appropriate and agree that (i) upon completion of
Phase 1 (and the monitoring of traffic resulting therefrom),
the City and Developer shall meet and design and Developer
shall thereafter implement prior to commencement of
construction of any subsequent Phase, subj ect to standard
City environmental processes, reasonable measures to
HPFA Development Agreement - Page 8
mitigate known and anticipated traffic problems, and (ii)
upon completion of each of Phases 2 and 3 (and the
monitoring of traffic resulting therefrom), the City and
Developer shall meet and design and Developer shall
thereafter implement, subject to standard City environmental
processes, reasonable measures to mitigate known and
anticipated traffic problems.
1.8. Storm Drain Construction and Installation.
Because Developer has widened Uvas Creek to the 100 year
flood level, installed rip-rap for stream bank erosion
control along the length of Uvas Creek within the proj ect
and obtained all Fish & Game and Army Corps of Engineers
permits required therefor, no additional storm drainage
improvements shall be required by City for completion of the
proj ect. Because of the completion of these improvements,
Developer shall not be required to pay any City storm drain
fees in connection with Phase 1 of the Project. Any
additional work required by other governmental authorities
shall be implemented by Developer at Developer's cost.
1.9. Public Improvement and Other City Fees. Public
improvement fees and other fees associated with the
development and construction of the Project shall be
calculated and charged to Developer as follows:
(A) Sewer and Water Development Fees. Sewer and
water fees for any portion of the Project shall be payable
when Developer applies for a permit to connect such portion
of the Project to the City's water and sewer systems. City
and Developer agree that Developer has already paid for
22,500 gpd of sewer capacity. Any additional sewer
development fee, water development fee or reimbursement for
the proj ect 's share of the sewer connection fees paid in
connection with the Country Estates project which has been
or is being developed in the vicinity of the Project,
shall be calculated based on the then current fee schedule.
(B) Traffic Impact Fees. With respect to traffic
impact fees, Developer and City agree that the proj ect is
unique due to the uncertain level of traffic impact
associated with its usage from time to time. Consequently,
Developer and the City hereby agree that in consideration of
Developer's commitment to signalization of the Project
entrance and annexation of the Property as herein provided,
there shall be no traffic impact fees levied or assessed in
connection with the construction of Phase 1. The parties
agree, however, that the actual traffic generated upon
completion of Phase 1 of the proj ect, based on the actual
operation of the Theme Park, shall be monitored at
Developer's cost pursuant to a monitoring program approved
by City to determine which commercial or other category (low
or high traffic generation or other then applicable
categories) is applicable, and Developer agrees to pay the
HPFA Development Agreement - Page 9
standard City traffic impact fees for Phase 2 based on the
traffic generation category determined as the result of such
monitoring, subj ect to this subsection below. Similarly,
the actual traffic generated upon completion of Phase 1 and
2, based on the actual operation of such Phases, shall be
monitored at Developer's cost pursuant to a monitoring
program approved by City to determine which commercial or
other category (low or high traffic generation or other
applicable categories) is applicable, and Developer agrees
to pay the standard City traffic impact fees for Phase 3
based on the traffic generation category determined as the
result of such monitoring, subject to this subsection below.
Notwithstanding the foregoing, to the extent traffic
generation categories for proposed uses for Phase 2 or Phase
3 are determined by City to conform to then-existing traffic
generation categories, City shall have the right to
determine the appropriate traffic impact fees for Phases 2
or 3 without regard to traffic monitoring results for
completed Phases.
(C) Future Public Improvement Fees. Fees for
future phases of the Project, including, without limitation,
sewer, water, police and fire impact fees and storm drainage
development fees, shall be based on the City's then existing
fee schedules.
1.10 Improvement Agreements and Deferred Improvement
Agreements. Developer acknowledges that this Agreement is
not a substitute for nor shall it be construed as having
been entered into in lieu of customarily required City
improvement agreements or deferred improvement agreements
(collectively, "Improvement Agreements") with respect to any
and all public improvements to be developed or constructed
by Developer as herein provided. All such agreements shall
be entered into by Developer upon the earlier of final map
approval or thirty (30) days after request by the City for
such agreements, and shall be in substantially the form then
being required by City in connection with similar public
improvements.
2. OUALIFIED APPLICANT. The Developer represents and
warrants that it has the full power and authority to execute
this Agreement and to enter into and perform each covenant
and condition hereof as the legal or equitable owner of the
Property.
3. EFFECTIVE DATE: TERM.
3 .1. Effective Date. This Agreement shall be
dated and the obligations of the parties hereunder shall be
effective thirty (30) days subsequent to the date on which
the Enacting Ordinance is approved by the City Council, as
specified in the Recitals above. After the Enacting
Ordinance takes effect pursuant to Government Code ~36937,
HPFA Development Agreement - Page 10
and not later than ten (10) days thereafter, the City, by
and through its City Council, and Developer shall execute
and acknowledge this Agreement, and thereafter the City
Clerk of the City of Gilroy ("City Clerk") shall cause this
Agreement to be recorded in the Official Records of the
County of Santa Clara, State of California. The cost of
recording this Agreement shall be borne by Developer.
3.2. Operative Date. The Agreement shall become
operative on the date specified in Government Code ~65865.
(A) Annexation of the Property; Termination.
In the event the Property is not annexed into the City on or
before the date that is twenty- four (24) months after the
effective date of this Agreement , this Agreement shall
terminate, unless extended by mutual written agreement
between Developer and the City.
3.3. Term. The "Term" of this Agreement shall be
for a period of fifteen (15) years, unless sooner terminated
as herein provided, and shall commence on the effective date
of the Enacting Ordinance.
4. GENERAL DEVELOPMENT OF THE PROJECT.
4.1. Annexation of Property. The City shall
cooperate with Developer in timely processing the annexation
of the Property before all administrative and legislative
bodies, provided that Developer shall reimburse City for all
time expended at the request of Developer for such
assistance at the then existing rates charged by the City
for such services.
4.2. Subdivision and Parcelization of Property.
(A) The City agrees to promptly process, in
accordance with the City's normal procedures and
requirements, including all normal dedications and
requirements consistent with the California Subdivision Map
Act, any and all applications filed by the Developer for
subdivision, lot line adjustments, parcelization or other
similar applications relating to the Property reasonably
required in order to develop and complete the Project.
4.3. Buildinq Permits and Other Approvals. The
City shall timely process all of the building permits and
other approvals, if any, reasonably required in order for
the Developer to complete Phases 1 and 2 of the Project in
accordance with the City's normal procedure and requirements
and the terms and conditions of this Agreement.
4.4. Other Governmental Permits. City shall
cooperate with Developer in its endeavors to obtain such
other permits and approvals as may be required from other
HPFA Development Agreement - Page 11
governmental or quasi-governmental agencies having
jurisdiction over the Project (such as public utilities or
utility districts) for the development of, or provision of
services to, the Proj ect. Developer agrees to reimburse
City for all time expended at the request of Developer for
such assistance, at the then existing rates charged by the
City for such services.
4.5. Exactions. In connection with the
development and construction of Phase I, the City agrees
that it shall not require the construction of any
improvements, the payment of any fees, or the granting of
any other benefits to the City, other than the "Public
Improvements" and fees described herein and any normal
permits or processing fees for applications filed by
Developer in connection therewith.
4.6. General Standard of City Review. In
connection with any approval which the City is permitted or
requested to make under this Agreement or its Ordinances
relating to Phase 1 or 2 of the Project, City agrees that it
shall process requests for approval in accordance with the
normal processes undertaken by the City from time to time.
As used in this Agreement, "Ordinances" shall mean the
ordinances, resolutions, codes, rules, regulations and
official policies of City governing the permitted uses of
land, governing density, and governing design, improvement
and construction standards and specifications applicable to
the development of the Property.
4 . 7 . Operating Memoranda. The parties
acknowledge that the provisions of this Agreement require a
close degree of cooperation between City and Developer, and
that the development of the proj ect hereunder may
demonstrate that changes are appropriate with respect to
minor design details. The parties desire, therefore, to
retain a certain degree of flexibility with respect to the
details of the Project development which are not of a
material nature. If and when, from time to time during the
Term of this Agreement, the parties find that such changes
or adjustments are necessary or appropriate, they shall
effectuate such changes or adjustments through operating
memoranda approved by the parties, which, after execution,
shall be attached hereto as addenda and become a part
hereof, and may be further changed and amended from time to
time as necessary, with further approval by City and
Developer. No such operating memoranda shall require prior
notice or hearing and in the case of City such operating
memoranda may be acted upon by the City Administrator of the
City of Gilroy ("City Administrator").
4.8. Consistency with Project EIR. Developer
shall develop and construct the project consistent with the
HPFA Development Agreement - Page 12
Project EIR, including all mitigation measures required by
the Project EIR, subject to Section 1.7(B).
5. SPECIFIC CRITERIA APPLICABLE TO DEVELOPMENT OF THE
PROJECT.
5.1. Applicable Ordinances And Approvals.
(A) Ordinances Affecting Phase 1. Upon
annexation of the Property, the Existing City Ordinances,
and any changes or additions thereto to the extent relating
to building, fire and health and safety or subdivision codes
or requirements, shall be the Ordinances which shall govern
the development and construction of improvements within
Phase 1 of the proj ect. "Existing City Ordinances" means
the Ordinances in effect as of the date of this Agreement,
including those enacted by the Existing City Approvals.
(B) Ordinances Affecting Phases 2 and 3.
Any and all subsequent City Approvals with respect to Phases
2 or 3 of the Project, including the City Approvals under
the provisions of any Ordinances governing the permitted
uses of land, those governing the density, design,
improvement and construction standards and specifications
applicable to Phases 2 or 3 of the Project, shall be based
on Ordinances in effect at the time such approvals are
obtained; including then existing City imposed fees and
charges with respect to any such subsequent applications for
development and construction within the Property.
(C) Government Code Provisions. Consistent
with the provisions of Government Code ~65866, the parties
understand and agree that nothing herein provided shall
prevent the City, in subsequent actions applicable to the
Property, from applying new Ordinances, not inconsistent or
in conflict with this Agreement or from denying or
conditionally approving any subsequent Project application
on the basis of such existing or new Ordinances.
Notwithstanding the foregoing, in the event of a fire or
other casualty, requiring the reconstruction of more than
fifty percent (50%) of any building previously constructed
hereunder, nothing herein shall prevent City from applying
to such reconstruction all requirements of City's Building
Code and other construction or health and safety related
standards and specifications then in effect.
5.2. Governing Approvals. Notwi thstanding the
provisions of Section 5.1 hereinabove, the General Plan
designation and the zoning designation of each of the
parcels comprising the Property, shall not be modified, by
General Plan amendment or otherwise, without the express
written consent and approval of both the Developer and the
City. As to Phase 1, the density and intensity of use, the
maximum height and size of all buildings, the provisions for
HPFA Development Agreement - Page 13
reservation or dedication of land for public purposes and
the location of public improvements, including all other
terms and conditions relating to the development and
construction of Phase 1 of the Project, shall be governed by
the provisions of Section 5.1 (A) and this Section 5.2 and
the Existing City Approvals. Subject to the first sentence
of this Section 5.2, Phase 2 and Phase 3 shall be subject to
the Ordinances in effect at the time an approval is sought,
including without limitation those Ordinances relating to
density and intensity of use, the maximum height and size of
all buildings, the provisions for reservation or dedication
of land for public purposes and the location of public
improvements.
(A) Existinq County Approvals: Sunset Provision.
Notwithstanding any other provision of this Section 5.2,
Developer and City agree that any and all approvals obtained
by Developer from the County which are in full force and
effect as of the date of annexation shall lapse and no
longer be valid thirty- six (36) months subsequent to the
date of annexation. As to any County approvals which lapse
prior to annexation or which lapse thirty-six (36) months
after annexation, Developer shall be required to obtain any
and all approvals required to complete the improvements
which were the subject of such approvals from the City.
(B) Acceptance of Pre-Existing Plans and
Improvements. For a period of thirty-six (36) months after
the date of annexation, Developer shall have the right to
complete all improvements for which all County approvals
necessary to legally allow construction of such improvements
(with the sole exception of building permits) have been
obtained and remain valid and effective at the date of
annexation, without any changes, modifications or additions
from City, provided that:
(i) as to such improvements which do
not have valid County building permits in effect on the date
of annexation, the City agrees to grant such building
permits, subj ect to normal fees and processing procedures
then in effect, and provided that such improvements conform
to the City's then existing building, fire and health and
safety codes and applicable State Laws;
.
(ii) as to such improvements which have
valid County building permits in effect on the date of
annexation, all such improvements shall either have been or
will be inspected by the County and the County shall be the
responsible agency for issuing all notices of completion,
building permit sign offs and other approvals customarily
issued by the County as a precondition to the use and
occupancy of such improvements; and
HPFA Development Agreement - Page 14
(iii) as to such improvements for which
City grants building permits, then all such improvements
shall be inspected by the City and the City shall be the
responsible agency for issuing all notices of completion,
building permit sign offs and other approvals customarily
issued by the City as a precondition to the use and
occupancy of such improvements.
City shall be entitled to charge Developer a reasonable
fee for performing the services described in this Section
5.2(B).
(C) Water and Fire Fighting Requirements.
The City water system will be designed to ultimately provide
not more than one thousand five hundred (1,500) gallons of
water per minute to the Project. Notwithstanding the
foregoing, Developer acknowledges and agrees that City shall
not be obligated to provide more than, and City shall have
no liability for failing provide more than, five hundred
(500) gallons of water per minute to the Project in total at
any given time. Developer acknowledges that current fire
code requirements for a structure calls for the availability
of one thousand five hundred (1,500) gallons per minute of
fire flow for the structure. Developer represents and
warrants to City that Developer will provide an adequate
fire protection system on site for the Project, as
determined by the City Fire Marshall, including without
limitation a water storage tank and booster pump capable of
delivering sufficient fire flow to proj ect structures in
accordance with code requirements. Developer agrees to
record, at the date of annexation, a restrictive covenant
against the Property, in form and substance satisfactory to
City, prohibiting the use of more than five hundred (500)
gallons of water per minute from the City's water system and
requiring the maintenance of an adequate fire protection
system on-site for the Project, as required by this Section
5.2. The restrictive covenant shall survive expiration or
sooner termination of this Agreement.
5.3. Easements; Abandonments. City shall
cooperate with Developer in connection with any requirements
for abandoning existing public utility or other public
easements and public facilities and the relocation thereof,
or the creation of any new public easements within the
Property necessary or appropriate in connection with the
development of the Project or with respect to adjacent
properties that may become a part of the proj ect in the
future, if any; and if any such easement is owned by City or
an agency of City, City or such agency shall, at the request
of Developer, take such action and execute such documents as
may be reasonably necessary to abandon existing public
easements and/or create new public easements or relocate
them, as reasonably necessary or appropriate in connection
with the development of the Project. Any such action on the
part of the City shall be undertaken at the expense of
HPFA Development Agreement - Page 15
Developer. In the event existing public utility or other
public easements and public facilities are relocated, the
cost of relocation of any existing improvements located
therein or thereon shall be at the expense of the Developer.
6. CONSTRUCTION OF IMPROVEMENTS.
6.1. Construction of Public Improvements. Prior
to the commencement of work on those Public Improvements to
be constructed by Developer, Developer shall submit to the
City Engineer of the City for approval plans and
specifications for the Public Improvements. Except as
otherwise provided herein, Developer shall be responsible
for all costs and expenses associated with the construction
or installation of the Public Improvements described in such
plans and specifications. Upon completion by Developer of
construction of the Public Improvements to the satisfaction
of City, Developer shall assign, convey, deliver and
transfer title to the Public Improvements to the City, who
shall thereafter be and remain responsible for the
maintenance thereof. Developer shall warrant the
installation and construction of said Public Improvements
against the results of faulty materials or workmanship, and
maintenance and repairs resulting from any such faulty
materials or workmanship, for a period of one year from and
after the date of the completion by Developer and acceptance
of same by City. Thereafter, City shall be solely
responsible for the maintenance and repair of those Public
Improvements that are completed in accordance with this
Agreement and City standards, including without limitation
those improvements that are constructed and installed within
rights-of-way or easements dedicated to and accepted by the
City.
6.2. Bonds and Insurance. Prior to the issuance
of any permits or approvals for the construction of the
Public Improvements, Developer or Developer's contractor
shall provide City with a faithful performance bond and a
labor and materials bond, each in an amount and form
required by City, or such other improvement security forms
as may be acceptable to City. Also prior to issuance of any
permits or approvals for the construction of the Public
Improvements, Developer or Developer's contractor shall
obtain insurance policies covering public liability,
worker's compensation and property damage on terms and in an
amount acceptable to City. City shall be named as an
additional insured on all such policies. Developer shall
deliver proof of insurance coverage to City prior to
issuance of any permits or approvals for the construction of
the Public Improvements. The insurer shall agree to give
City thirty (30) days prior notice of cancellation or
material change of any policy required under this Section.
HPFA Development Agreement - Page 16
6.3. Indemnity. Developer shall defend through
counsel approved by City (which approval shall not be
unreasonably withheld), indemnify and hold harmless City,
and City's officers, representatives, agents and employees,
against any and all suits, damages, costs, fees, claims,
demands, causes of action, losses, liabilities and expenses,
including without limitation attorneys' fees, arising or
resulting directly or indirectly from any act or omission of
Developer or Developer's employees or agents, including
without limitation all claims relating to injury or death to
any person or damage to any property, except to the extent
caused by the City or any of City's officers,
representatives, agents or employees.
6.4. Construction of Phase 1 Improvements.
Developer shall have the right, without any further
approvals from the City other than the issuance of building
permits required to be issued by City for new construction,
but subject to the requirements of other governmental
authorities having jurisdiction, to construct and upon
completion in accordance with all governmental requirements
to thereafter occupy and operate Phase 1 of the Project, as
herein described. Building permits required to be issued by
City for the Phase I Improvements pursuant to this Agreement
shall be issued by the City, so long as such improvements
conform to the City's building, fire and health and safety
codes in existence at the time of permit issuance, subject
to applicable State Laws.
7. ANNUAL REVIEW PROCESS.
7.1. Annual Review. Ci ty and Developer shall
annually review this Agreement, and all actions taken
pursuant to the terms of this Agreement with respect to the
Project. Such annual review shall be undertaken in
accordance with the provisions of this Section 7.
7.2. Developer's Submission. Not less than
thirty (30), nor more than sixty (60) days prior to the
first (1st) anniversary date of this Agreement, and each
anniversary date thereafter, Developer shall submit to the
Community Development Director of City ("Community
Development Director") a letter setting forth Developer's
good faith compliance with the terms and conditions of this
Agreement. Such letter shall be accompanied by such
documents and other information as may be reasonably
necessary and available to Developer to enable the Community
Development Director to undertake annual review of
Developer's good faith compliance with the terms of this
Agreement, and shall also state that such letter is
submitted to City pursuant to the requirements of section
65865.1 of the Development Agreement Statute, and the
Development Agreement Resolution.
HPFA Development Agreement - Page 17
7.3. Report on Compliance. The Community
Development Director shall review the Developer's submission
to ascertain whether Developer has complied in good faith
with the terms of this Agreement. Upon request of the
Community Development Director, Developer shall furnish such
additional documents or information as may be reasonably
required and available to Developer to enable the City to
make and complete review hereunder. Upon completion of
review, the Community Development Director shall issue to
the City Council a report of his or her findings.
7.4. Finding of Noncompliance. If the City
Council finds that the Developer has not complied in good
faith with the terms of this Agreement, it shall specify in
writing to the Developer the basis on which the Developer
has failed to comply. If the areas of noncompliance so
specified are not perfected within the time required by
Section 9.1, then this Agreement shall be subject to
modification or cancellation pursuant to this Agreement and
the appropriate provisions of the Development Agreement
Resolution and the Development Agreement Statute. A
determination hereunder of noncompliance by Developer shall
specify in reasonable detail the grounds therefor.
7.5. Miscellaneous Requirements in Connection
With Annual Review. All costs incurred by City for the
annual review conducted hereunder shall be borne by
Developer, including all costs for City's personnel,
attorneys and consultants.
8. PERMITTED DELAYS; SUPERSEDURE BY SUBSEQUENT LAWS.
8.1. Permitted Delays. In addition to any
specific provisions of this Agreement, performance by either
party of its obligations hereunder, other than the payment
of money, shall be excused during any period of delay caused
at any time by reason of acts of God or civil commotion,
riots, strikes, picketing, or other labor disputes,
shortages of materials or supplies, or damage to work in
process by reason of fires, floods, earthquakes, or other
casualties, restrictions imposed or mandated by governmental
or quasi-governmental entities, enactment of conflicting
Laws (including new or supplementary environmental
regulations), litigation, acts or neglect of the other
party, or any other cause beyond the reasonable control of
any party hereto. Each party shall promptly notify the
other party of any delay hereunder as soon as possible after
the same has been ascertained. As used in this Agreement,
the term "Laws" means all statutes, ordinances, orders,
requirements, laws, rules and regulations of any
governmental or quasi-governmental authority now or
hereafter in effect.
HPFA Development Agreement - Page 18
8.2. Supersedure by Subsequent Laws. If any state
or federal Law, made or enacted after the date of this
Agreement, prevents or precludes compliance with one or more
provisions of this Agreement, then the provisions of this
Agreement shall, to the extent feasible, be modified or
suspended, as may be necessary to comply with such new Law.
Immediately after enactment of any such new Law, the parties
shall meet and confer in good faith to determine the
feasibility of any such modification or suspension based on
the effect such modification or suspension would have on the
purposes and intent of this Agreement. If such modification
or suspension is infeasible in Developer's reasonable
business judgment, then Developer shall have the right to
terminate this Agreement by written notice to the City. No
such termination shall affect Developer's obligations under
any Improvement Agreements entered into with respect to the
Project.
9. EVENTS OF DEFAULT;
ATTORNEYS' FEES; CHALLENGE.
REMEDIES;
TERMINATION;
9.1. Events of Default. Subj ect to any
extensions of time by mutual consent in writing, and subject
to the provisions of Section 8.1 regarding permitted delays,
any failure by either party to perform any material term or
provision of this Agreement shall constitute an Event of
Defaul t, (i) if such defaulting party does not cure such
failure within thirty (30) days following notice of default
from the other party, where such failure is of a nature that
can be cured within such thirty (30) day period, or (ii) if
such failure is not of a nature which can be cured within
such thirty (30) day period, the defaulting party does not
within such thirty (30) day period commence substantial
efforts to cure such failure, or thereafter does not within
a reasonable time prosecute to completion, with diligence
and continuity, the curing of such failure. Any notice of
default given hereunder shall specify in reasonable detail
the nature of the failures in performance which the noticing
party claims constitutes the Event of Default, in accordance
with the terms and conditions of this Agreement. During the
time period herein specified for cure of a failure of
performance, the party charged therewith shall not be
considered to be in default for purposes of a termination of
this Agreement, provided that during such period of cure,
City shall not be prohibited from bringing suit for
injunctive or other equitable relief, nor shall City be
required to issue any permits or approvals pending
Developer's cure. Any notice of noncompliance given
pursuant to Article 7 shall constitute a notice of default
for the purposes of this Article 9.
9.2. Limitation of Remedies. Except as expressly
provided in this Section 9.2 below, upon the occurrence of
an Event of Default, the non- defaul ting party shall only
HPFA Development Agreement - Page 19
have the right to commence proceedings in the nature of
specific performance, injunctive relief, mandamus, or
similar equitable remedies, it being the express intention
of the parties hereto to waive each party's rights to bring
an action at law to recover damages of any kind or nature or
to compensate the non-defaulting party for any detriment
proximately caused by the defaulting party's failure to
perform its agreements, obligations or undertakings
hereunder, or otherwise arising out of the Event of Default,
or which in the ordinary course of things would be likely to
result therefrom. In addition, upon the occurrence of an
Event of Default which is not cured within the time required
by this Agreement, the non-defaulting party shall have the
right to elect to terminate the Agreement. The limitation on
remedies described in this Section above shall not apply
with respect to express payment obligations described in
this Agreement, nor to any indemnification, defense or hold
harmless obligations expressly set forth in this Agreement.
9.3. Waiver: Remedies Cumulative. Failure by any
party to insist upon the strict performance of any of the
provisions of this Agreement by any other party,
irrespective of the length of time for which such failure
continues, shall not constitute a waiver of such party IS
right to demand strict compliance by such other party in the
future. No waiver by any party of an Event of Default shall
be effective or binding upon such party unless made in
writing by such party, and no such waiver shall be implied
from any omission by any party to take any action with
respect to such Event of Default. No express written waiver
of any Event of Default shall affect any other Event of
Default, or cover any other period of time, other than any
Event of Default and/or period of time specified in such
express waiver. One or more written waivers of an Event of
Default under any provision of this Agreement shall not be
deemed to be a waiver of any subsequent Event of Default,
and the performance of the same or any other term or
provision contained in this Agreement. Except as provided in
Section 9.2 above, all of the remedies permitted or
available to a party under this Agreement, or at law or in
equity, shall be cumulative and not alternative, and
invocation of any such right or remedy shall not constitute
a waiver or election of remedies with respect to any other
permitted or available right or remedy.
9.4. Litigation Expenses.
(A) Payment to Prevailing Party. If any
party brings an action or proceeding (including, without
limitation, any cross-complaint, counterclaim, or third-
party claim) against the other party by reason of an Event
of Default, or otherwise arising out of this Agreement, the
prevailing party in such action or proceeding shall be
entitled to its costs and expenses of suit, including but
HPFA Development Agreement - Page 20
not limited to reasonable attorneys' fees and costs, which
shall be payable whether or not such action is prosecuted to
judgment.
(B) Scope of Fees. Attorneys I fees under
this Section 9.4 shall include reasonable attorneys' fees on
any appeal, and, in addition, a party entitled to attorneys'
fees shall be entitled to all other reasonable costs and
expenses incurred in connection with such action.
9.5. Effect of Termination. If this Agreement is
terminated on account of an Event of Default, such
termination shall not affect any right or duty emanating
from City entitlements or Approvals with respect to the
Property approved concurrently or subsequently to the
approval of this Agreement, but the rights, duties and
obligations of the parties hereunder shall otherwise cease
as of the date of such termination; except that Developer's
indemnity, defense and hold harmless obligations shall
survive termination of this Agreement, and except that
Developer shall not be relieved of any of its obligations
under any Improvement Agreements executed by Developer in
connection with the Project. No termination of this
Agreement shall prevent Developer from completing and
occupying buildings or other improvements to which Developer
has vested rights to do so by law independently of and
without regard to this Agreement, but City may take any
action permitted by law to prevent, stop or correct any
violation of law occurring during and after construction,
and Developer or any tenant shall not occupy any portion of
the Project, or any building not authorized by a previously
issued certificate of occupancy or other governmental
authorization allowing occupancy of the improvement.
9.6. Estoppel Certificate. Either party may, at
any time, and from time to time, deliver written notice to
the other party requesting such party to certify in writing
that, to the knowledge of the certifying party, (i) this
Agreement is in full force and effect and a binding
obligation of the parties, and (ii) this Agreement has not
been amended or modified either orally or in writing, and if
so amended, identifying the amendments. A party receiving a
request hereunder shall execute and return such certificate
within thirty (30) days following the receipt thereof. The
City Administrator shall have the right to execute any
certificate requested by Developer hereunder. The parties
acknowledge that a certificate hereunder may be relied upon
by transferees and Mortgagees. Neither party shall be
liable to the other party in any manner for damages or
otherwise on account of any information contained in an
estoppel certificate, notwithstanding the omission for any
reason to disclose correct and/or relevant information, but
such party shall be estopped from asserting any right or
HPFA Development Agreement - Page 21
obligation or utilizing any defense which contravenes or is
contrary to such information.
9.7. Challenge. Developer shall defend, indemnify
and hold harmless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim,
action, or proceeding against the City or its City Council,
Planning Commission, agents, officers, or employees to
attack, set aside, void, or annul this Agreement or any
approval of the City, City Council, Planning Commission, or
other board, advisory agency, or legislative body concerning
this Agreement. City will promptly notify Developer of any
claim, action, or proceeding against it, and will cooperate
fully in the defense.
10. MORTGAGE PROTECTION; CERTAIN RIGHTS OF CURE.
10.1. Mortgagee Protection. This Agreement shall
be superior and senior to any lien placed upon the Property,
or any portion thereof, including the lien of any Mortgage.
Notwithstanding the foregoing, no breach hereof shall
defeat, render invalid, diminish or impair the lien of any
Mortgage made in good faith and for value, but all of the
terms and conditions contained in this Agreement shall be
binding upon and effective against any Person (including any
Mortgagee) who acquires title to the Property, or any
portion thereof, by foreclosure, trustee's sale, deed in
lieu of foreclosure, or otherwise. As used in this
Agreement, "Mortgage" means a mortgage, deed of trust, or
other financing transaction in which the Property, or a
portion thereof or an interest therein, is pledged as
security, contracted in good faith and for fair value. As
used in this Agreement, "Mortgagee" means the holder of the
beneficial interest under a Mortgage.
10.2 Mortgagee Not Obligated. Notwithstanding
the provisions of Section 10.1 above, no Mortgagee shall
have any obligation or duty under this Agreement to
construct or complete the construction of improvements, or
to guarantee such construction or completion; provided,
however, that a Mortgagee shall not be entitled to devote
the Property to any uses or to construct any improvements
thereon other than those uses or improvements provided for
or authorized by this Agreement, or otherwise under the
City's Ordinances, all of which shall be subject to the
terms of this Agreement and applicable Laws.
10.3. Notice of Default to Mortgagee; Right of
Mortgagee to Cure.
(A) Notice From Mortgagee. If City receives
notice from a Mortgagee requesting a copy of any notice of
default given Developer hereunder and specifying the address
for service thereof, then City shall deliver to such
HPFA Development Agreement - Page 22
Mortgagee any notice given to Developer with respect to any
claim by City that Developer has corruni t ted an Event of
Default, and if City makes a determination of noncompliance
under Section 7 above, City shall likewise serve notice of
such noncompliance on such Mortgagee; however, failure to do
so shall not render invalid any notice properly delivered to
Developer.
(B) Mortgagee Right to Cure. Each Mortgagee
shall have the same period to cure or remedy any Event of
Defaul t or to corrunence to cure or remedy the Event of
Default claimed or the areas of noncompliance set forth in
the City's notice as is granted to Developer, upon receipt
of such notice from City. If the Event of Default or such
noncompliance is of a nature which can only be remedied or
cured by such Mortgagee upon obtaining possession, such
Mortgagee shall seek to obtain possession with diligence and
continuity through a receiver or otherwise, and shall remedy
or cure the Event of Defaul t or noncompl iance wi thin the
earlier of (i) one hundred eighty (180) days after receipt
of notice of noncompliance upon such Mortgagee or (ii)
ninety (90) days after obtaining possession. If any such
Event of Default or noncompliance cannot, with diligence, be
remedied or cured within such ninety (90) day or one hundred
eighty (180) day period, then such Mortgagee shall have such
additional time as may be reasonably necessary to remedy or
cure such Event of Default or noncompliance, if such
Mortgagee corrunences cure during such ninety (90) days or one
hundred eighty (180) day periods, and thereafter diligently
pursues completion of such cure to the extent possible.
Notwithstanding the foregoing, nothing contained in this
Agreement shall be deemed to permit or authorize any
Mortgagee to undertake or continue construction or
completion of any improvements comprising the Project
without first having expressly assumed Developer's
obligations hereunder, in the manner specified in Section
11.
11. TRANSFERS AND ASSIGNMENTS.
11.1. Right to Assign. In no event shall the
rights, duties and obligations conferred upon Developer
pursuant to this Agreement be at any time sold, transferred
or assigned, except through a transfer of an interest of
Developer in the Property, or any portion thereof. Upon
completion of any portion of the Project or any phase
thereof, Developer shall have the right to sell, assign or
transfer this Agreement as aforesaid, and all of its rights,
duties and obligations hereunder, to any Person at any time
during the remainder of the Term of this Agreement. Prior
to completion of each Phase of the Project and all Public
Improvements relating to such Phase, Developer I s right to
sell, assign or transfer this Agreement to the extent it
relates to such Phase, and Developer's rights, duties and
HPFA Development Agreement - Page 23
obligations hereunder to the extent it relates to such
Phase, to any Person shall be subject to the approval of the
City. Such approval shall (a) be subj ect to City's being
provided with adequate financial, business and other
information concerning the proposed transferee to enable
City to exercise its reasonable judgment relating to the
proposed transfer, (b) be subject to the transferee's
written agreement to be bound by the terms of this Agreement
to the same extent as Developer, and (c) not be unreasonably
withheld by City. As used in this Agreement "Person" means
an individual or legal entity. Notwithstanding the
foregoing, Developer shall have the right to assign its
interests in this Agreement to a wholly owned subsidiary of
Developer provided that (i) such assignment is made in
conjunction with the transfer of all of Developer's title to
the Property to such wholly owned subsidiary, (ii) such
wholly owned subsidiary agrees to be bound by the terms of
this Agreement to the same extent as Developer, and (iii)
Developer shall not be relieved or released of any liability
or obligations under this Agreement and shall be jointly and
severally liable with its wholly owned subsidiary for the
performance of Developer's obligations under this Agreement.
11.2. Release Upon Transfer. Upon the sale,
transfer or assignment of Developer's rights and interests
under this Agreement under Section 11.1 above, Developer
shall be released only as to future accruing obligations
under this Agreement with respect to the Property, or the
portions or phases thereof so transferred, arising
subsequent to the effective date of such transfer if (i)
Developer is not then in default under this Agreement, (ii)
Developer has provided to City notice of such transfer, and
(iii) the transferee executes and delivers to City a written
agreement in which (A) the name and address of the
transferee is set forth and (B) the transferee expressly and
unconditionally assumes all of the remaining obligations of
Developer under this Agreement with respect to the Property,
or that portion or phase thereof transferred. Except as
provided in the prior sentence, Developer shall not be
released from any obligations under this Agreement upon the
sale, transfer or assignment (whether voluntary, involuntary
or by operation of law) of all or any portion of Developer's
rights and interests under this Agreement or to the Project.
Developer shall, in any event, give notice to City of any
transfer hereunder, disclosing therein the identity of the
transferee and such transferee's address. Failure to
deliver a written assumption agreement hereunder shall not
affect the running of any covenants herein with the land, as
provided in Section 11.3 below, nor shall such failure
negate, modify or otherwise affect the liability of any
transferee pursuant to the provisions of this Agreement.
11.3. Covenants Run With The Land. All of the
provisions, agreements, rights, powers, standards, terms,
HPFA Development Agreement - Page 24
covenants and obligations contained in this Agreement shall
be binding upon the parties and their respective heirs,
successors (by merger, consolidation, or otherwise) and
assigns, devisees, administrators, representatives, lessees,
and all other persons acquiring the Property, or any portion
thereof, or any interest therein, whether by operation of
law or in any manner whatsoever, and shall inure to the
benefit of the parties and their respective heirs,
successors (by merger, consolidation or otherwise) and
assigns. All of the provisions of this Agreement shall be
enforceable as equitable servitudes and constitute covenants
running with the land pursuant to applicable law, including,
but not limited to, section 1468 of the Civil Code of the
State of California. Each covenant to do or refrain from
doing some act on the Property hereunder, or with respect to
any City owned property, (i) is for the benefit of such
properties and is a burden upon such properties, (ii) runs
with such properties, and (iii) is binding upon each party
and each successive owner during its ownership of such
properties or any portion thereof, and each person having
any interest therein derived in any manner through any owner
of such properties, or any portion thereof, and shall
benefit each party and its property hereunder, and each
other person succeeding to an interest in such properties.
12 . AMENDMENT AND TERMINATION.
12.1. Amendment or Cancellation. Except as
provided in Section 8 above with respect to City's annual
review or upon the occurrence of an Event of Default by
Developer that is not cured as herein provided, this
Agreement may be canceled, modified or amended only by
mutual consent of the parties in writing, and then only in
the manner provided for in Section 65868 of the Development
Agreement Statutes and the Development Agreement Resolution.
Any amendment to this Agreement which does not relate to the
Term, permitted uses, density or intensity of use, height or
size of buildings, provisions for reservation and dedication
of land, conditions, terms, restrictions and requirements
relating to subsequent discretionary actions, monetary
contributions by Developer, or any conditions or covenants
relating to the use of the Property, shall require the
giving of notice pursuant to Section 65867 of the
Development Agreement Statute as specified by Section 65868
thereof, but shall not require a public hearing before the
parties may make such amendment.
12.2. Recordation of Amendment. Any amendment or
cancellation of this Agreement effected by the parties
hereunder shall be recorded by the City Clerk as specified
in Section 3.1 above not later than ten (10) days after the
effective date of the action effecting such amendment or
cancellation, which amendment or cancellation shall describe
the Property subject thereto.
HPFA Development Agreement - Page 25
13. NOTICES.
13.1. Procedures. Any notice to either party
shall be in writing and given by delivering the same to such
party in person or by sending the same by registered or
certified mail, or express mail, return receipt requested,
with postage prepaid, to the party's mailing address. The
respective mailing addresses of the parties are, until
changed as hereinafter provided, the following:
City:
City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020-6141
With a Copy to:
Linda A. Callon
Berliner Cohen
Ten Almaden Blvd., 11th Floor
San Jose, California 95113
Developer:
Hecker Pass Family Adventure
3050 Hecker Pass Highway
Gilroy, California 95020
Attn. Michael A. Bonfante
With a Copy to:
Michael P. Groom
Groom & Cave
150 Almaden Blvd., Suite 1375
San Jose, California 95113
Either party may change its mailing address at any time
by giving written notice of such change to the other party
in the manner provided herein at least ten (10) days prior
to the date such change is effected. All notices under this
Agreement shall be deemed given, received, made or
communicated on the date personal delivery is effected or,
if mailed, on the delivery date or attempted delivery date
shown on the return receipt.
14. MISCELLANEOUS.
14.1. Negation of Partnership. The parties
specifically acknowledge that the Project is a private
development, that neither party is acting as the agent of
the other in any respect hereunder, and that each party is
an independent contracting entity with respect to the terms,
covenants and conditions contained in this Agreement. None
of the terms or provisions of this Agreement shall be deemed
to create a partnership between or among the parties in the
businesses of Developer, the affairs of City, or otherwise,
nor shall it cause them to be considered joint venturers or
members of any j oint enterprise. This Agreement is not
intended nor shall it be construed to create any third party
HPFA Development Agreement - Page 26
beneficiary rights in any Person who is not a party, except
as provided with respect to Mortgagees in Section 10.
14.2. Approvals. Unless otherwise herein
provided, whenever approval, consent or satisfaction (herein
collectively referred to as an "Approvals") is required of a
party pursuant to this Agreement, it shall not be
unreasonably withheld. The standards, terms and conditions
for Approvals under this Agreement shall extend to and bind
the partners, officers, directors, shareholders, trustees,
beneficiaries, agents, elective or appointive boards,
commissions, employees, and other authorized representatives
of each party, and each such person shall make or enter
into, or take any action in connection with, any Approval
hereunder in accordance with such standards, terms and
conditions. Notwithstanding the foregoing, the foregoing
provisions of this is Section 14.2 shall not apply to
Approvals requiring action by the City Council.
Unless provision is made for a specific time period,
Approval shall be deemed denied if a party has neither
approved nor disapproved a written request for Approval
within thirty (30) days after receipt of the request for
Approval if no time for approval is stated in this Agreement
for such Approval, or within such other time period as may
be specified in this Agreement for Approval. Approval by a
party to or of any act or request by the other party shall
not be deemed to waive or render unnecessary Approval to or
of any similar or subsequent acts or requests.
14.3. Severability. Invalidation of any of the
provisions contained in this Agreement, or of the
application thereof to any person, by judgment or court
order, shall in no way affect any of the other provisions
hereof or the application thereof to any other person or
circumstance and the same shall remain in full force and
effect, unless enforcement of this Agreement as so
invalidated would be unreasonable or grossly inequitable
under all the circumstances or would frustrate the purposes
of this Agreement.
14.4. Exhibits. The Exhibits listed in the Table
of Contents, to which reference is made herein, are deemed
incorporated into this Agreement in their entirety by
reference thereto.
14.5. Entire Agreement. This written Agreement
and the Exhibits hereto, and any memoranda entered into
pursuant to Section 4.7, contain all the representations and
the entire agreement between the parties with respect to the
subj ect matter hereof. Except as otherwise specified in
this Agreement, any prior correspondence, memoranda,
agreements, warranties or representations are superseded in
HPFA Development Agreement - Page 27
total by this Agreement and Exhibits hereto, and such
memoranda.
14.6. Construction of Agreement. The provisions
of this Agreement, the Exhibits hereto and such memoranda
entered into pursuant to Section 4.7, shall be construed as
a whole according to their common meanings and not strictly
for or against any party and consistent with the provisions
hereof, in order to achieve the objectives and purpose of
the parties hereunder. The captions preceding the text of
each Section, subsection and the Table of Contents hereof
are included only for convenience of reference and shall be
disregarded in the construction and interpretation of this
Agreement. Wherever required by the context, the singular
shall include the plural and vice versa, and the masculine
gender shall include the feminine or neuter genders, or vice
versa.
14.7. Governing Law. This Agreement, and the
rights and obligations of the parties, shall be governed by
and interpreted in accordance with the laws of the State of
California.
14.8. References; Terminology. Unless otherwise
specified, whenever in this Agreement, reference is made to
the Table of Contents, any Article or Section, or any
defined term, such reference shall be deemed to refer to the
Table of Contents, Article or Section or defined term of
this Agreement. The use in this Agreement of the words
lIincludingll, IIsuch as II or words of similar import when
following any general term, statement or matter shall not be
construed to limit such statement, term or matter to the
specific items or matters, whether or not language of non-
limitation, such as IIwithout limitationll or IIbut not limited
to, or words of similar import, are used with reference
thereto, but rather shall be deemed to refer to all other
items or matters that could reasonably fall within the scope
of such statement, term or matter. Reference herein to a
IIpartyll, or the IIpartiesll, shall refer to City and
Developer, or both, as the context may require.
14.9. Signature Pages. For convenience, the
signatures of the parties to this Agreement may be executed
and acknowledged on separate pages which, when attached to
this Agreement, shall constitute this as one complete
Agreement.
14.10. Time. Time is of the essence of this
Agreement and of each and every term and condition hereof.
IN WITNESS WHEREOF, the parties have executed this Pre-
Annexation Development Agreement as of the day and year
first above written.
HPFA Development Agreement - Page 28
AUTHORIZED SIGNATURE OF CITY TO AGREEMENT
"CITY"
City of Gilroy, a municipal
corporation
By ~t. 0J\
Its Mayor
,~.~
\.,../ dt'''--.- .'
~ity Clerk
:~~tOJ~~
Its City Attorney
AUTHORIZED SIGNATURE OF DEVELOPER TO AGREEMENT:
"DEVELOPER"
By:
By:
r
President
H~A Development Agreement - Page 29
COUNTY OF Santa Clara
)
) ss.
)
ST A 'IE OF CALIFORNIA
On July 24 , 19.22-, before me, the undersigned, a Notary Public in and for said State,
personally appeared Michael A. Bonfante , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
''''''''''~i.2''
M,~RV ECLARIN
COiviM IF1'j 00502 ~
NOT Mi'r PUBLIC' CALIFORNIA 0
S,~NT;\ CI.,ARA COUNTY I-
My Co"'~ Expires "une 9, 2009 "",' ,
, '.' ,,.~~~.-.=".j-.._-
'-ff)~ ~
NOTARY P IC
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF Santa Clara
On July 24 , 19~, before me, the undersigned, a Notary Public in and for said State,
personally appeared Gregory Barr , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
~~~~A~R1N,al seal.
COil/1M ,</1100502 :..:
NOT Ni" PUBLIC' CALIFORNIA 3
SANTP CLARA COUNTY ';:1,
My Comn, "xplres Ju;)e 9, 2000 ",\
.t~~~-~",,,,,m'~~:;:./ -.,
vn~~
NOTARY P LtC
COUNTY OF Santa Clara
)
) 55.
)
STATE OF CALIFORNIA
On July 31 , 1921...-, before me, the undersigned, a Notary Public in and for said State,
personally appeared K. A. Mike Gilrov , personally known to me (or 13F8V88 to
~~--sati3fftet~ 8vid~ to be the person~whose nam~isf.oH:e.subscribed to the within instrument
and acknowledged to me that he/ibe/ta~' executed the same in his/her/1Rw authorized capacity~, and that by
hisAter/theif signatur~ on the instrument the perso~, or the entity upon behalf of which the personjM acted,
executed the instrument.
WITNESS my hand and official seal.
J - ~ - - - ~H?~;A ;~N - -, \~r! Y2"
. CommISSion # 11-42623, , '
~ fj Nolay PubIlc. Cofifaria ~ ~YuX"- ,--t.~
J Santa Ciao County f NOTARY PUBLIC
My Ccmm, Expies JlXll9,ml
~--------........_----
\012\6138.7
48-063000739067
(Rev. 7/96)
EXHIBIT "A"
DEFINED TERMS
PAGE
1. Agreement.............................................. 1
2 . Approval (s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3 . ASA.................................................... 3
4 . CEQA................................................... 5
5. City...................................................1
6. City Administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
7. City Clerk............................................ 11
8. City Council........................................... 5
9. Community Development Director........................17
10. County................................................. 2
11. Developer..............................................1
12. Development Agreement Statute..........................3
13. Development Agreement Resolution.......................3
14. EIR.................................................... 2
15. Enacting Ordinance ....................................5
16. Existing City Approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
17. Existing City Ordinances...................... ....... .13
18. Improvement Agreements............................... .10
19 . Laws.................................................. 18
20. Mitigation Measures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
21. Mortgage.............................................. 22
22. Mortgagee............................................. 22
23. Ordinances .......................................... .12
24. Pe rs on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
HPFA Development Agreement - Page 31
2 5. P ha s e 1................................................ 1
26. Phas e 2................................................ 2
27. Phase 3................................................2
28. Phase I Improvements................................... 1
29. proj ect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
30. proj ect EIR............................................ 5
31. Property...............................................1
32. Public Improvements.................................... 5
33. Remaining Phase I Improvements.............. ...........4
34. Te rm. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
35. Theme Park............................................. 1
HPFA Development Agreement - Page 32
EXHIBIT "B"
LEGAL DESCRIPTION OF PROJECT
[TO BE ATTACHED]
HPFA Development Agreement - Page 33
DESCRIPTION
Paee . 1
Order No. 769023
LM
All that certain Real Property in the Unincorporated Area of the County of Santa
Clara, State of California, described as follows:
PARCEL ONE:
Beginning at the point of intersection of the Northeasterly line of Hecker Pass
Highway, as said line was established by Parcel One in the Deed from the De Bell
Corporation, a Corporation, to the State of California, dated June 12, 1957,
recorded July 30, '1957 in Book 3855 Official Records, Page 512, Santa Clara
County Records, with the Easterly line of that certain 24.07 acre tract of land
described in the Deed from Jack De Bell et ux, to Louis A. Filice, et ux, dated
September 15, 1954 recorded October 19, 1954 in Book 2986 Official Records, Page
527, Santa Clara County Records; thence from said Point of Beginning South 60
deg 42' 34" East along said Northeasterly line of Hecker Pas Highway for a
distance of 599.78 feet; thence Southeasterly continuing along said last
mentioned line along an arc of a curve to the left, tangent to the preceding
course, with a radius of 1450.00 feet, through a central angle of 14 deg 52'
00", for an arc distance of 376.24 feet to the point of intersection thereof
with the Southeasterly prolongation of a Westerly line of that certain 3.728
acre tract of land described in that certain final order of condemnation entered
on November 3, 1958 in the Superior Court of the State of California, in and for
,
the County of Santa Clara, in that certain action entitled, "The People of the
State of California, Acting By and Through the Department of Public Works,
Plaintiff, vs. Louis A. Felice et aI, Defendants Case No. 103483," a certified
copy of which order was filed for record in the Office of the Recorder of the
County of Santa Clara, State of California, on November 3, 1958 in Book 4219
Official Records, Page 701, Santa Clara County Records (shown as South 33 deg
16' 39" East 246.03 feet; thence North 33 deg 16' 30" West along said
prolongation and the said Westerly line of the 3.728 acre tract for a distance
of 376.66 feet to the Northwesterly corner of said 3.728 acre tract, said point
also being the Southwesterly corner of that certain 1.567 acre tract of land
described as Parcel Two in the Deed to said State of California above referred
to; thence North 24 deg 18' 19" West along the Westerly line of said 1.567 acre
tract for a distance of 94.17 feet, thence North 37 deg 18' 07" East continuing
along said Westerly line of the 1.567 acre tract and its Northeasterly
prolongation for a distance of 254.41 feet to the Northeasterly corner of that
certain tract of land described in the Deed from the State of California, to the
De Bell Corporation, a California Corporation, dated August 30, 1957, recorded
September 27, 1957 in Book 3900 Official Records, Page 632, Santa Clara County
Records; thence North 88 deg 39' 04" West along the Northerly line of land so
described in the Deed to said De Bell Corporation for a distance of 433.45 feet
to the Northwesterly corner thereof; thence South 1 deg 47' West along the
Westerly line of land so described in the Deed to said De Bell Corporation for a
distance of 64.46 feet to the Southwesterly corner thereof in the Northerly line
of that certain 160.91 acre tract of land described as Parcel Three in the Deed
from Jack De Bell et ux, to the De Bell Corporation, a California Corporation,
dated October 26, 1956, recorded April 29, 1957 in Book 3786 Official Records
Page 463, Santa Clara County Records; thence North 88 deg 13' West along said
Northerly line of the 160.91 acre tract for a distance of 291.56 feet to the
Northeasterly corner of the said 24.07 acre tract above referred to; thence
South 23 deg 11' West along the Easterly line of said 24.07 acre tract for a
distance of 130 feet more or less to the Point of Beginning.
Excepting from the above described Parcel One, the following described parcel of
land:
DESCRIPTION
Pag~
2
Order No. 769023
LM
Beginning at the point of intersection of the Northeasterly line of Hecker Pass
Road, as said line was established by Parcel 1 in the Deed from De Bell
Corporation, a Corporation, to the State of California, dated June 12, 1957,
recorded July 3D, 1957 in Book 3855 Official Records, Page 512, Santa Clara
County Records, with the Northwesterly line of that certain 160.91 acre tract of
land described as Parcel Three in the Deed from Jack De Bell et ux, to the De
Bell Corporation, a California Corporation, dated October 26, 1956, recorded
April 29, 1957 in' Book 3736 Official Records, Page 463, Santa Clara County
Records; thence from said Point of Beginning South 60 deg 42' 34" East along
said Northeasterly line of Hecker Pass Road, for a distance of 80.00 feet,
thence leaving said last mentioned line and running North 29 deg 17' 26" East
170 feet, more or less, to the point of intersection thereof with the
Southwesterly line of the Old Hecker Pass road; thence South 66 deg IS' East
along said Southwesterly line of the Old Hecker Pass Road for a distance of
270.00 feet; thence leaving said last mentioned line and running North 23 deg
DO' East 99.6 feet to the True Point of Beginning of the tract of land to be
described; thence from said True Point of Beginning North 67 deg DO' West 10.00
feet; thence at right angles North 23 deg DO' East 20.00 feet; thence at right
angles South 67 deg DO' East 20.00 feet; thence at right angles South 23 deg 00'
West 20.00 feet; thence at right angles North 67 deg DO' West 10;00 feet to the
,
True Point of Beginning. .
APN: 783-05-011 & 013
PARCEL TWO:
Beginning at the point of intersection of the Northeasterly line of Hecker Pass
Road, as said line was established by Parcel 1 in the Deed from the De Bell
Corporation, a Corporation, to the State of California, dated June 21, 1957,
recorded July 30, 1957 in Book 3855 Official Records, Page 512, Santa Clara
County Records, with the Northwesterly line of that certain 160.91 acre tract of
land described as Parcel Three in the Deed from Jack De Bell, et ux, to the De
Bell Corporation, a California Corporation, dated October 26, 1956, recorded
April 29, 1957 in Book 3736 Official Records, Page 463, Santa Clara County
Records; thence from said Point of Beginning South 60 deg 42' 34" East along
said Southeasterly line of Hecker Pass Road for a distance of 80.00 feet, thence
leaving said last mentioned line and running North 29 deg 17' 26" East 170 feet,
more or less, to the point of intersection thereof with the Southwesterly line
of the Old Hecker Pass Road; thence South 66 deg IS' East along said
Southwesterly line of the Old Hecker Pass Road for a distance of 270.00 feet;
thence leaving said last mentioned line and running North 23 deg DO' East 99.6
feet to the True Point of Beginning of the tract of land to be described; thence
from said True Point of Beginning North 67 deg DO' West 10.00 feet; thence at
right angles North 23 deg DO' East 20.00 feet; thence at right angles South 67
deg DO' East 20.00 feet; thence at right angles South 23 deg 00' West 20.00
feet; thence at right angles North 67 deg DO' West 10.00 feet to the True Point
of Beginning.
APN: 783-05-012
PARCEL THREE:
A Portion of Parcels One and Four as shown on that Parcel Map recorded in Book
494 of Maps at Page 43, Santa Clara County, and a Portion of Lands of Blocher, I
DESCRIPTION
Page
3
Order No. 769023
LM
361 O.R. 202, Santa Clara County Records, described as follows:
Beginning at a Point on the West Line of said Parcel four, said Point also being
at the Northeastern most corner of Parcel Three as shown on said Parcel Map said
Point also lying on the West line of Lands of Nob Hill General Store, Inc., a
California Corporation, as described in that Deed recorde~ in K805 of Official
Records at page 1589, Santa Clara County, and proceeding along the Westerly,
South~rly, Easterly and Northerly lines of said Parcel four and said lands of
Nob Hill the following courses:
COURSE NO.
lo S 0 deg. 03' 40" W 778.37 feet
2. East 70.00 feet
3. S 17 deg. 45' 49" E 294.02 feet
4. West 160.00 feet
5. S 0 deg. 03' 40" W 418.87 feet
6. S 0 deg. 13' 40" W 4094.58 feet
7. East 1254.00 feet
8. N 0 deg. 14' E 4527.60 feet
9. N 0 deg. 02' W 1672.30 feet
,
10. N 67 deg. 23' W 262.00 feet
1lo N 49 deg. 20' 30" W 98.97 feet
12. N 31 deg. 26' W 154.34 feet
13 . S 37 deg. 18' 09 W 85.48 feet
14. N 42 deg. 54' 55" W 294.28 feet
15. N 38 deg. 11' 51" W 55.00 feet
16. N 72 deg. 45' 58" W 83.84 feet
17. S 66 deg. 33' OS" W 57.31 feet
18. N 69 deg. 23' 35" W 301.68 feet
to the Easternmost corner of those lands conveyed to the State of California by
J627 of Official Records at page 1271, Santa Clara County; thence along the
Southerly line of last said lands S 83 deg. 53' 57" W 44.13 feet; thence
Northwesterly along a 1585 Foot radius curve to the right, from a tangent
bearing N 82 deg. 52' 34" W., said curve having an interior angle of 18 deg. SO'
48", and a length of 521.36 feet to a point lying 91.84 feet Southerly along the
said 1585 Foot radius curve from an angle point in last said Southerly line;
thence S 0 deg. 09' W 419.62 feet; thence S 17 deg. 14' 00" E 810.00 feet;
thence S 20 deg. 16' 11" W 194.80 feet to a point on the Northeasterly line of
said Parcel Three, last said point being N 69 deg. 43' 49" W 288.41 feet from
the Northeasterly corner of said Parcel Three; thence S 69 deg. 43' 49" E.
288.41 feet to the Point of Beginning.
APN: 810-17-026 & 029
810-19-005, 007, 010, 011 & 012
810-18-002
PARCEL FOUR:
A portion of Parcels Two and Three as shown on that Parcel Map recorded in Book
494 of Maps, at page 43, Santa Clara County Records, lying in Santa Clara
County, California, described as follows:
Beginning at a point on the South line of said Parcel Two, said point lying S 89
DESCRIPTION
Page
4
Order No. 769023
LM
deg. 35' 00" W 145.44 feet from the Southeasterly angle point in said Parcel
Two, last said angle point being produced by the courses S 17 deg. 40' 40" W
105.66 feet and S 89 deg. 35' 00" W 428.05 feet as shown on said Map; thence
along the following courses:
COURSE NO.
I. N 19 deg. 21' 40" E 417.99 feet
.
2. N 76 deg. 19' 19" W 13.90 feet
3. N 17 deg. 40' 40" E 1089.46 feet
4. N 64 deg. 27' 00" E 208.60 feet
to a point on the Northeasterly line of said Parcel Two, said point lying N 69
deg. 43' 49" W 9.45 feet from the Northeastern corner of said Parcel Two; thence
along the Northestern Line of said Parcels Two and Three and along the Easterly
and Southerly line s of said Parcel Three the following courses:
COURSE NO.
5. S 69 deg. 43' 49" E 689.53 feet
6. S. 0 deg. 03' 40" W 778.37 feet r
7. East 70.00 feet
8. S 17 deg. 45' 49" W 294.02 feet
9. West 160.00 feet
10. S 0 deg. 03' 40" W 350.00 feet
II. N. 78 deg. 40' 00" W 1134.00 feet
12. S 17 deg. 40' 40" W 105.66 feet, and
13. S 89 deg. 35' 00" W 145.44 feet
to the point of beginning.
APN: 810-17- 0141 015, 021,024 & 025
PARCEL FIVE:
A non-exclusive easement for Ingress and Egress and for the installation and
maintenance of public utilities, appurtenant to the above described parcels,
over a strip of land 60.00 feet in width, lying 10.00 feet Westerly of and 50.00
feet Easterly of the following described line:
Beginning at a point in the Southwesterly line of the State Highway
IV-SCI-32D-1957, distant thereon South 60 deg 14' 20" East 232.40 feet from a
concrete monument at Station 325 57.01 E. C. of said Highway and running thence
South 57 deg 45' 40" West 161.79 feet; South 41 deg 31' 40" West 262.30 feet;
South 31 deg 44' 40" West 311.70 feet; South 3 deg 19' 10" West 344.34 feet;
South 23 deg 29' 50" East 166.48 feet; thence Southwesterly 150 feet, more or
less, to a point which bears South 71 deg 14' 02" East 94.02 feet and North 19
deg 29' 13" East 110.0 feet from the most Easterly corner of Parcell, as said
Parcel is shown upon that certain Map entitled, "Record of Survey being a
portion of the solis Rancho", which Map was filed for record in the Office of
the Recorder of the County of Santa Clara, State of California on December 7,
1967 in Book 231 of Maps, at Page 22; thence South 19 deg 29' 13" West 110.00
feet and the terminus of said easement, said easement is appurtenant to and for
the Benefit of Parcels Three, Four and Seven.
DESCRIPTION
Page , 5
Order No. 769023
LM
PARCEL SIX:
A non-exclusive easement for Ingress and Egress and for the installation and
maintenance of public utilities and for water pipe lines, appurtenant to the
above described parcels, over an existing roadway 60.00 feet in width, the
center line of which is described as follows:
Beginning at the point of intersection of the Easterly line of that certain
160.91 acre tract of land described as Parcel Three in the Deed from Jack De
Bell, et ux, to the De Bell Corporation, dated October 26, 1956, recorded April
29, 1957 in Book 3786 Official Records, page 463, Santa Clara County Records,
with the Southwesterly line of Hecker Pass Road, as said line was established by
Parcel One in the Deed from the De Bell Corporation, to the State of California
dated June 12, 1957, recorded July 30, 1957 in Book 3655 Official Records, page
512, Santa Clara County Records; thence from said point of beginning South 0 deg
05' 19" West along said Easterly line of the 160.91 acre tract for a distance of
1370.09 feet to the True Point of Beginning of the easement to be described;
thence from said True Point of Beginning North 69 deg. 43' 49" West 1460.17 feet
to the terminus of said easement, said easement is appurtenant to and for the
Benefit of Parcels Three and Four.
,
Excepting therefrom all that portion thereof lying within the above described
Parcels Three and Four.
PARCEL SEVEN:
All of Parcel Two, as shown upon that certain Map entitled, "Parcel Map, being a
portion of the Las Animas Rancho", which Map was filed for record in the Office
of the Recorder of the County of Santa Clara, State of California on October 12,
1993 in Book 650 of Maps, at Page 49.
APN: 810-18-010 & 011
PARCEL EIGHT:
An easement 40 feet in width for ingress and egress and public utilities the
centerline of said easement described as follows:
Commencing at a point in the centerline of that 60 foot wide easement recorded
in Book 7981 of Official Records at Page 56, Santa Clara County Records, said
point being the northeast terminius of that course shown as No. 16 on that
Parcel Map recorded in Book 494 of Maps, at Page 43, Santa Clara County Records
and proceeding S 20016'11" W 30.00 feet to a point on the southwesterly line of
said easement to the Point of Beginning; thence from said Point of Beginning S
27003' W 28.19 feet to station "A"; thence along a curve to the right with a
radius of 40 feet at an angle of 60.00 feet for a distance of 41.89 feet to
station "B"; thence S 87003' W 28.00 feet to station C; thence along a curve to
the left with a radius of 85.47 feet at an angle of 70033'08" for a distance of
105.24 feet to station "D"; thence S 16029'52"W for a distance of 224.83 feet to
station "E"; thence on a curve to the left with a radius of 457.22 feet at an
angle of 18037'52" for a distance of 148.68 feet to station "F"; thence S 2008' E
for a distance of 32.29 feet to station "G"; thence on a curve to the right with
a radius of 196.58 feet at an angle of 41046' for a distance of 143.30 feet to
station "H"; thence S 39038' W for a distance of 151.72 feet to station "I";
thence on a curve to the left with a radius of 250.00 feet at an angle of 45.000
DESCRIPTION
Page. 6
Order No. 769023
LM
for a distance of 196.34 feet to station "J"; thence S 5022' E 110.00 feet to
station "K"; thence on a curve to the right with a radius of 414.00 feet at an
angle of 21010' for a distance of 152.94 feet to station "L"; thence S 15048' W
93.00 feet to station "M"; thence on a curve to the left with a radius of 243.00
feet at an angle of 30031' for a distance of 129.42 feet to station "N"; thence S
14043' E 456.60 feet more or less to a point on the south line of parcel two of
said parcel map, last said point being 152.52 feet westeriy from the southerly
terminus of that course, (S 0025' 00" E 89.33 feet), as shown on said parcel map,
to station "0", sald easement if appurtenant to and for the Benefit of Parcel
Seven.
PARCEL NINE:
An easement for ingress and egress described as follows:
Beginning at the point of beginning of the above described 40 foot wide easement
and running S 69043'49" E 20.00 feet to the easterly line of said 40.00 foot wide
easement being the true point of beginning; thence S 69043'49" E along the
southwesterly line of the 60.00 foot easement (7981-or-56) 30 feet; thence 80
feet more or less southwesterly to the mid point (on the southeast line of above
described 40 foot easement) of the 40.00 foot radius (centerline) curve; thence
northeasterly along the southeasterly line of said 40.00' foot ~ide easement
above described 60 feet more or less to true point of beginning, said easement
is appurtenant to and for the Benefit of Parcel Seven.
PARCEL TEN:
A 10 foot wide easement for ingress and egress. The easterly line of said
easement described as follows:
Commencing at above station "L" and running S 15048'W 40.00 feet and N 74012' W
20.00 feet to the True Point of Beginning; thence S 15048' W 53.00 feet; thence
southerly along a 263.00 foot radius curve to the left, having an interior angle
of 17025'42" a distance of 80.00 feet to the terminus of said easement, said
easement is appurtenant to and for the Benefit of Parcel Seven.
PARCEL ELEVEN:
An easement for ingress-egress said easement described as follows:
Commencing at said station "0", and proceeding S 89035' W along the Southerly
line of Parcel Two as shown on Parcel Map recorded in Book 494 of Maps at Page
43, Santa Clara County Records 20.64 feet to the True Point of Beginning; thence
continuing S 89035' W 25.00 feet; thence N 37026'15" E 30.68 feet to a point on
the Southwesterly line of the 40 foot wide easement above described; thence S
14043' E 25.00 feet to the Point of Beginning, said easement is appurtenant to
and for the Benefit of Parcel Seven.
P ARCEL TWELVE:
Beginning at an iron pipe in the fence line of the Northeasterly bank of Uvas
Creek at the intersection of the Southwesterly line of the land of F.L. Bonito,
as described in Deed recorded in Book 534 of Deeds, at Page 549, Records of
Santa Clara County, with the line common to the lands now or formerly of Ousley
and the Blanchard Estate from which a 4" x 4" post of the intersection of said
DESCRIPTION
Page' 7
Order No. 769023
LM
Ousley-Blanchard line with the line common to the Solis and Las Animas Ranchos
bears South 0 deg. 20' West 1668.61 feet, and running thence along the line
common to Bonito and Ousley, South 71 deg. 19' East 189.92 feet to an iron pipe;
thence North 89 deg. 03' East 172.59 feet to an iron pipe; thence South 51 deg.
19' East 398.46 feet to an iron pipe; thence leaving said line and running
across the land of Bonito and along the Westerly bank of a drainage ditch of the
City of Gilroy, North 0 deg. 47' West 589.10 feet to an iron pipe; thence North
50 deg. 02' East 25.01 feet to an iron pipe; thence North 0 deg. 58' West 295.75
feet to an iron spike in the centerline of the Hecker Pass Highway; thence along
the centerline of said highway South 85 deg. 38' West (basis of bearings)
1337.10 feet to a buried granite monument of station 131 plus 57.60 of the
County Surveyors Survey of said highway; thence continuing on last course South
85 deg. 38' West 75.60 feet to a point on the Northeasterly bank of the Uvas
Creek; thence along said bank, South 31 deg. 26' East 579.59 feet to a 24 inch
diameter Sycamore Tree blazed on the northwest and southeast faces thence South
49 deg. 20' 30" East 98.97 feet to a spike in the crotch of a 4 prong white Oak
Tree 5 feet in diameter at the base; thence South 67 deg. 23' East 301.93 feet
to the Point of Beginning.
Being shown upon that certain Record of Survey entitled, "Record of Survey Ptn.
Solis Rancho in Sec. 3, T. 11. S., R. 3 E., Santa Clara County, California"
,
which Map was filed for record in the Office of the Recorder of the County of
Santa Clara, State of California, on December I, 1950 in Book 29 of Maps, at
Page 16.
Excepting therefrom that portion thereof conveyed to the State of California by
Deed dated July 26, 1957 and recorded November 8, 1957 in Book 3933 Official
Records, Page 181, being more particularly described as follows:
Commencing at the most Westerly corner of that certain parcel of land shown upon
that certain Map entitled, "Record of Survey Ptn. Solis Rancho", filed December
I, 1950 in Book 29 of Maps, at Page 16, in the Office of the Recorder of Santa
Clara County; thence along the general Southwesterly line of said parcel South
31 deg. 22' 21" East, 425.25 feet; thence North 37 deg 18' 09" East, 73.02 feet;
thence North 34 deg 53' 54" West 338.15 feet to the Southerly line of the
existing State Highway in Santa Clara County, also known as Bodfish Mill Road
and as Hecker Pass Highway, Road IV-SCI-32-I; thence along said Southerly line
North 85 deg. 41' 39" East, 345.43 feet; thence North 4 deg. 18' 21" West 33.00
feet to the centerline of said existing State Highway; thence along last said
line South 55 deg. 41' 39" West, 415.32 feet to the point of commencement.
APN: 810-19-003
PARCEL THIRTEEN:
All of Parcel 1 as said Parcel is shown upon that certain Map entitled, "Parcel
Map of a Portion of Solis Rancho", which Map was filed for record in the Office
of the Recorder of the County of Santa Clara, State of California on February
24, 1995 in Book 663 of Maps, at Pages 13 and 14.
APN: 810-20 -012
EXHIBITS "C-I" AND "C-2"
PROPERTY SITE PLANS
HPFA Development Agreement - Page 34
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HECKER PASS - A FAMILY ADVENTURE
JUNE 5, 1993
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EXHIBIT "D"
LIST OF COUNTY APPROVALS
HPFA Development Agreement - Page 35
June 14, 1996
HECKER PASS - A FAMILY ADVENTURE
(Nob Hill Family Park)
Santa Clara County Approvals
TABLE OF CONTENTS:
Document
1. STAFF REPORT for USE PERMIT for NOB HILL F AMIL Y PARK
County File No.: 1866-69-19-85P-85A
This report presents the description and conditions of approval for Nob
Hill Family Park (Hecker Pass - A Family Adventure). It was prepared
by the County's Planning Staff after an extensive review of community
input, agency reviews, traffic and sewer reports, a conceptual program
and master plan and an EIR. Use Permit was Approved.
2. ARCHITECTURAL AND SITE APPROVAL
County File No.: 1866-69-19-87G Nob Hill General Foods, Inc.
This letter confirms the approval for a Master Plan grading permit
application for construction ofNob Hill Family Park. The property
situated on Hecker Pass Highway between Burchell Rd. and Rancho
Vista Drive. SS zoning district. Parcel size: 170 acres.
3. USE PERMIT for NOB HILL FAMILY PARK
(Hecker Pass - A Family Adventure)
County File No.: 1866 - 69 - 19 - 85P, 85A, - EIR
This document granted Nob Hill General Foods, Inc. the permission to
develop a parcel of land (170 acres) on the south side of Hecker Pass
Highway into a family park and recreational center. This approval con-
tained numerous conditions of approval and required reviews along the
development process.
4. ARCHITECTURAL AND SITE APPROVAL
County File No.: 1866 - 67 - 19 - 85A, 87G
This document covered the same Parcel and Use as the Use Permit.
However, it adds additional conditions that relate specifically to the
design and construction of the site such as access, setbacks, visual impact,
drainage, landscaping etc.
Date
June 4, 1987
June 12, 1987
June 19, 1987
June' 26, 1987
r- v IU...., I T n
5. LETTER FROM RANCHO VISTA COURT HOME OWNERS August 2, 1987
A letter addressed to Mr. Michael Bonfante
This letter expressed the concerns and recommendations to minimize
the impact that the operation of the Park would have on near by neighbors.
6. MINUTES OF MEETING WITH COUNTY PLANNING STAFF July 18,1988
County File No.: 1866 - 69 - 19 - 85P - 85A
These minutes record the discussion of various developments at the park.
including minor modifications. This meeting addressed the
complexity of the design and development of the park. It also addressed
the County's Staffs recommendations for monitoring the development,
modifications and the intent of the Use Permit and ASA permits.
7. SUMMARY OF NOB HILL FAMILY PARK October 5,1988
for Use Permit MODIFICATION submittal
This is descriptive summary of the Park's program development within the
Use Permit conditions. It summarizes the size of the park, the theme, the
various landscaped areas, and the character and quality of the park.
8. USE PERMIT MODIFICATION REQUEST October 24, 1988
Cover letter to Raffi Sarkisian, Central Permit Office
This letter accompanied the application for the Use Permit Modification
and other supporting documents. It describes the main changes proposed
to the Site Master Plan including: adding landscaped buffers, moving the
parking further away from Hecker Pass Hwy, and the moving of certain
features within the Park proper.
9. ENVIRONMENTAL INFORMATION FOR11 October 24, 1988
for Use Permit MODIFICATION submittal
This form accompanied the application for the Use Permit Modification.
It responded to the various environmental concerns raised by making the
changes to the Site Master Plan.
10. STAFF REPORT for MODIFICATION to USE PER11IT February 2, 1989
County File No.: 1866 - 69 - 19 - 85P - 85A - 88P - 88A - 88G
This report describes the proposed modifications to the Site Master Plan
and Conditions of Approval. This Modification was Approved.
11. ARCffiTECTURAL AND SITE APPROVAL February 9, 1989
County File No.: 1866 - 69 -19 - 87A - 88A
This letter confirms the approval of the Use Permit Modification by
the Architectural and Site Committee including conditions for a Master
Grading plan and additional minor modifications to the site plan and
program.
12. ARCHITECTURAL AND SITE APPROVAL August 10, 1989
County File No.: 1866 - 69 - 19 - 88P - 89A
This letter confirms the approval of additional site improvements such as
the on-site road system, the parking areas and a storage area.
13. ARCHITECTURAL AND SITE APPROVAL May 9,1991
County File No.: 1866 - 69 - 19 - 91A
This letter confirms the approval of a number of signs at the park including
the Main Entry Sign off Hecker Pass Hwy.
14. MEETING NOTES: HECKER PASS - A FAMILY ADVENTURE Nov. 12, 1992
Attendees: Rans Bratton, S. C. Co. & Leo Tirado, Sugimura & Assoc.
These meeting notes accompanied the application for the ASA review of
STAGE II - MORE DEFINITIVE MASTER PLAN. It describes in more
detail the development of the park's program and the identification of certain
family rides to compliment the garden setting of the park's theme - Trees..
15. ASA APPLICATION - SITE MASTER PLANS (reduced) June 27, 1993
including: 1. Master Plan (Use Permit Approval Feb. 9, 1989)
2. Stage II - More Definitive Master Plan ( ASA for Rides)
These drawings illustrate in more detail the specific components of the
Park's Site Plan and Program.
16. ASA STAGE II - MORE DEFINITIVE MASTER PLAN August 17, 1993
AND F AMIL Y RIDES
Cover letter addressed to Raffi Sarkisian at Central Permit Office
County File No.: 1866 - 69 - 19 - 85P - 85A - 88P - 88A - 88G
This letter accompanied the application and drawings for this ASA review
submittal. It sumrnaized the key elements in the Master Plan that had been
developed and more specifically identified including the placement of the
family rides.
17. ARCHITECTURAL AND SITE APPROVAL - PERlv1IT November 10,1993
For: Stage II Master Plan and Family Rides
County File No.: 1866 - 69 - 19 - 93A2
This permit by the ASA Committee approved the submittal stated above.
18. Modification of: ASA STAGE II - MORE DEFINITIVE MASTER
PLAN AND F AMIL Y RIDES
Letter from Leo A. Tirado to Rans Bratton, Secretary of ASA
This letter accompanied by a letter from Mr. Michael Bonfante requests
a modification to the previous ASA Permit of November 10, 1993.
. ,
19. MEMORANDUM - Noise Monitoring Program, Hecker Pass
Memo between Art Kaupert and Rans Bratton of Central Permit
County File No.: 4548 - 73 - 35 - 93A
This in-house memo provides projected noise impacts to the adjacent
park neighbors at Rancho Vista Drive. The recommended monitoring
program was included in the Modification to the ASA Permit.
February 9, 1994
20. MODIFICATION OF A RCHITECTURAL AND SITE February 10, 1994
AFPROV AL FOR STAGE II - MASTER PLAN AND F AMIL Y RlDES
County File No.: 1866 - 69 - 19 - 93A2
This letter requests a continuance for the review of the modification
submittal. It also contained a description of the official recommendations
and conditions of the approval.
21. MODIFICATION OF AN ARCHITECTURAL AND SITE March 10,1994
AFPROV AL FOR STAGE II - MASTER PLAN AND F AMIL Y RlDES
County File.: 1866 - 69 - 19 - 93A2
This letter requests a continuance for the review of the modification
submittal. This request was made because the ASA Committee needed
more time to review the impacts of this modification as directed by the
Planning Commission.
22. MODIFICATIONS: STAGE II - MASTER PLAN AND FAMILY RlDES April 14, 1994
County File No.: 1866 - 69 - 19 - 93A2
This document officially granted the requested Modification and specifies the
conditions and adjustments to the Master Plan.
Subsequent ASA reviews and Building Permits are now issued for Hecker Pass
A Family Adventure under the auspicious of these reviews and Permits granted
by the Santa Clara County.
Schedule 1
Identification and Categorization of Phase I Improvements
[To be attached]
HPFA Development Agreement - Page 36
January 23,1997
Project No. 9502
HECKER PASS - A FAMILY ADVENTURE ( NOB HILL FAMILY PARK)
PHASE I IMPROVEMENTS
L) Phase I Improvements that are completed or are in the process of being
completed as of this date - including infrastructure and landscaping.
iL) Phase I Improvements that are to be completed in the future (this schedule
to be updated at the time of annexation).
Santa Clara Countv Approvals
SCHEDULE 1
No. i Ul ii. ) I Phase One Description of Improvements
i I
!
1a I I X Tickets
I
1b i I X I Gates - Turnstiles
1c i I X Info / Guest Relations / Group Sales
i
2 I [I I I IlIions Carousels
!
3 ; [I I I Pavilion (Multi-Use Facility)
i
4 , D I I Restrooms
1 I
5 I D I I Arcade / Games
I
6 i D I Food Service ( Plaza Deli)
7 I D I Food Service (Mexican Patio)
8 i D I Food Service (Coffee and Pastry shop-5
9 ! D 1 I Retail Shops
I
10 I D I Food Service (Pasta Shop)
!
11 i D , Garlic Bulb Twirl
!
12 i [I i Lockers
13 1 D i Train Stations
i
14 I a I Food Service ( Ice Cream)
15 I D I Bridge
16 , D Fort Fun (Terraces)
!
I
17 ! I X Food Service (Saloon)
I
18 I D Oak Tree Plaza
19 I X Food Service (Greenhouse Salad)
20 I D I Food Service (Burgers)
21 I D I Food Service (Castroville)
! i
22 i D I Boat Dock
23 ! XI Food Service
24 ! D I I Train Trestle Bridge
I I
25 , I X Children's Water Play Area
I
1
26 , ! I
27 I X I Amphitheaters
I
28 D I I Stone Maze
29 I X I J Food Service (Dessert Island)
SCHEDULE 1
" . ~
;;0.- ,..
January 23,1997
Project No. 9502
HECKER PASS - A FAMILY ADVENTURE ( NOB HILL FAMILY PARK)
No. I Ll ii. l I Phase One Descriotion of Imorovements
30 I D I Food Service (Chicken Kitchen)
31 I a i Food Service (Barbecue Kitchen and Terrace)
32 I a I Waterfalls
!
33 i a I Greenhouse
I
34 I I X I Food Service (Taco Bar)
35 I a I Garden Pavilion (Picnics)
36 I X I Panorama Wheel
37 I X i Train Barn (Storage)
38 i I X I Maintenance Shops
, !
39 I X I Administrative Offices (West)
i
40 ! a I I Creekside Terrace
I
41 I a I Picnic Patio
I I
42 I a I Restrooms
I
43 I a I Redwood Pavilion (Picnics)
I I
44 I a I I Restrooms
I
45 i a I I Nursery Offices (Support)
I !
46 I a I I Recreation Room
I
47 I EJ I I Kitchen
48 i a I , Food Service Area
,
,
,
49 I IJ I I Rose Arbor
I
50 I a I I Gvmnasium
I
51 I IJ I Maintenance Shed
52 I a I I Storage Shed
I
53 I a I i Park Offices (East)
I ,
54 I a I Car Storage Building
55 I a I I Body Shop
56 I a I I Truck Maintenance Shop
I
57 i a I I Guard Station
,
58 ! I X I Food Prep (Commissary Kitchen) Storage/Supplies
59 , I X I Holly Pavilion
I
60 I X I Diving Show
61 I X I Swan Paddle Boats
62 I I X ! Boat Ride (Chris Craft Speed Boats)
63 ! I X I Family Froggy Coaster
, I
64 I I X I Bumper Cars
, I
65 I I X Balloon Ride
I
66 I a I Artichoke Ride
I
67 1 a I I Strawberry Swing
68 I a I Gold Fish (Bulgy the Wale) Ride
I I
69 I X Mini Car Ride (Migqo Racer)
I !
70 I X Mushroom Wave Swinqer
71 , I X Apple Core Ride
72 , I X I Kiddie Rides
,
73 a I Employee Break Area
, I
74 I X I Stroller Rentals and Kennel
i I
75 I X ! Bus Stop