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HomeMy WebLinkAboutSanta Clara County - Uvas Carnadero Project Agreement and Lease Uvas Camadero Project City of GUray AGREEMENT & LEASE This is an agreement between the COUNTY OF SANTA CLARA (COUNTY) and the CITY OF GILROY (CITY) to provide for funding, acquisition, development, operation and maintenance of property for the Uvas Carnadero Park. RECITALS 1. Lands in Gilroy south of Christmas Hill Park and southeast of Miller Avenue with oak woodlands and riparian terrain are available for acquisition for the Uvas Carnadero project (Project) for public park uses. 2. The CITY wishes to develop the lands shown in the attached Exhibit A (Property) as a portion of the Project for public use. 2. COUNTY has secured State grant funds and committed Park Charter funds to purchase the Property for the project. 3. CITY plans to contribute funding for the development, maintenance and operation of the Property. fherefore, it is agreed as follows: 1. COUNTY CONTRIBUTION COUNTY shall provide Two Million Dollars ($2,OOO,OOO) for the purchase of the Property. COUNTY shall enter into a purchase agreement with the owners of the Property and take all the necessary steps to secure fee title to the Property. 2. TITLE TO PROPERTY Title to all real property acquired under this Agreement shall vest in the COUNTY OF SANTA CLARA CITY sl1all record a survey of the Property within one year of the date of this Agreement. :3. EASEMENT TO PROPERTY CITY shall grant an access easement to Property across its adjoining parcel as described in the attached Exhibit B. The easement is to remain in effect until access to the Property is provided from the proposed extension of Tenth Stree.t as shown on Exhibit A. Uvas Camadero Project City of Gilroy If the Property must be acquirej through eminent domain proceedings, CITY shall have the responsibility to conduct the proceedings to completion or termination at no charge to COUNTY. 5. LEASE OF PROPERTY TO CITY After COUNTY acquires the Property, COUNTY shall lease the Property to CITY for the development, operation and maintenance as a public park facility with option to renew for an adcitional 25 years under terms and conditions to be specified in a new lease. a. Consideration CITY shall pay COUNTY One Dollar per year ($1.00jyr.) for the term of the Lease with the total amount of $25.00 payable within thirty days of the execution of this Agreement. b. Term The lease shall begin the day title to the Property is vested in COUNTY and end on December 31,2015. c. Renewal Option To renew the lease on tt- e Property, CITY shall inform COUNTY in writing of its wish to renew the lease by May 1, 2015. COUNTY shall respond to the request within 60 days of notice by CITY with the terms of the lease renewal. If the lease IS not renewed, CITY shall continue to operate the Property under the terms of this Agreement until the lease expires on December 31. 2015. The parties may extend the date for completing the renewal by written agreement as described in Paragraph 12 NOTICES. If the time for renewal is extended, CITY shall continue to be responsible for the maintenance and operation under the terms of this Agreement until a new lease becomes effective. d. End of Lease Either party may end the lease before December 31. 2015, by giving the other party one year's notice. All improvements on the Property shall become the COUNTY's at the end of the lease or any rennwal, whichever is later. CITY shall provide fencing and markers that clearly define the boundary between lands of COUNTY and CITY within 90 days of the end of the lease. 6. DEVELOPMENT OF PROPERTY CITY shall develop the Property for publiC park purposes according to the master plan (Plan) to be approved by CITY and COUNTY. CITY shall submit a master plan for the Property to COUNTY for approval within five years of the date of this Agreement. CITY shall not develop the 2 Uvas Camadero Project City of Glroy Property without the prior approval of COUNTY of any plans or modifications. CITY shall be the lead agency as defined by the California Environmental Quality Act of 1970, as amended, (CEQA) and shall be responsible for the preparation of environmental assessments, studies, reports or fees for permits required. COUNTY shall provide technical assistance to develop the Property. If CITY fails to develop the Property according to the Plan in the ten years after execution of this Agreement, COUNTY may, at its option, terminate the lease and take control of the Property. CITY shall provide sanitary sewer and water connections to the Property with enough capacity to permit development of Property for regional park purposes. I. ANNEXATION, OPERATION AND MAINTENANCE CITY shall annex the Property into the City of Gilroy within three years of the date of this Agreement. COUNTY shall be responsible for public safety until annexation has taken place, and CITY shall be responsible for public safety on the day annexation is approved. CITY shall be responsible for operation and maintenance from the date of this Agreement. 8. HOLD HARMLESS CITY shall indemnify and hold harmless the COUNTY, its officers, agents and employees against any and all claims, demands, damages, losses, costs and/or expenses of liability arising out of, in whole or in part, directly or indirectly, the acquisition, development, construction, operation or maintenance of the park. 9. SIGN REQUIREMENT All signs on the Property naming the park shall show that the park is a joint CITY and COUNTY recreation facility. 10. CHANGE IN USE CITY shall not convert any portbn of the Property to other than public outdoor recreation use without the prior approval of the COUNTY. If CITY diverts any portion of the Property to other use, CITY shall repay COUNTY for that portion of Property. The repayment shall be the amount of COUNTY's original contribution to acquire that portion of the Property plus interest at 8%/year. 11. ADMISSION FEES OR USE FEES CITY shaH not charge County residents differing admission fees based on residence without prior written approval by COUNTY. CITY may chargE admittance or use fees only for improvements to and 3 '. Uvas Camadero Project City of Gilroy maintenance of the Property. 12. AMENDMENTS This Agreement may be amended only by mutual written agreement of CITY and COUNTY. 13. NOTICES Any and all notices required under this Agreement shall be delivered either personally or by prepaid United States mail addressed to: CITY COUNTY Director of Parks & Recreation Director of Parks & Recreation City of Gilroy County of Santa Clara 7351 Rosanna Street 298 Garden Hill Drive Gilroy I CA 95020 Los Gatas, CA 95030 This Agreement has been executed on the latest date shown below: . . , (L~~ c~~ ~usanne Wilson, Chairperson Board of Supervisors NOV 6 1990 ~l criL'O , 9 0 Date: Form approved: Form and legality approved: ..,{ il-",>'-I tOO". ',.f , ('.. '.' ,~ '-{II ;' , / Kathryn A. ~rry Deputy County Counsel /.,7 /r;)-e.-", /\7/ \' J" f,:,~rrJ Bruce Jacobs. City Attorney 4 ". Uvas Camadero Project City of Glmy EXHIBIT A All that real property in the County of Santa Clara, State of California, described as follows: BeIng a portion of Ranchlot 11 as shown on Map No. 7 accompanying the Rnal Report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5536 in the Superior Court of the State of California, in and for the County of Santa Clara, more oarticularly described as follows: BEGINNING at an angle point in the Southerly line of that certain 28.807 acre parcel of land shown on Record of Survey Maps filed for record on May 22, 1962, Book 147 of Maps Page 21, Santa Clara County Records, that is North 880 02' East 248.91 feet and South 79043' East 525.00 feet from the SOuthwesterly corner to said parcel in the :enterline of Mesa Road; thence from said point of beginning along the SOutherly line of said parcel South 7~ 20' SO" East 199.48 feet, South 82047' 30 East 174.86 feet, South 430 39' SO" East 375.00 feet and South 790 39' 38. East 292.89 feet to 3 point in the centerline of the proposed future extension of Tenth Street in the City of Gilroy; thence along said centerline South 430 00' West 508.33 feet; thence along a curve to the left with a radius of 1200.00 feet through a central angle of 201: 00' for a distance of 418.88 feet; thence South 230 00' West 46.20 feet; thence leaving said centerline North 650 19'14" West 508.79 feet and North 84036'48. West 7.00 feet; thence North 8057' 59. East 968.74 feet to the point of beginning. Containing 15.60 acres, more or less. 5 - =t ~ ~ cr ~ Q .....J .....J oJ J: t&J - (,) Cf) CII et' <;( ~ 'I( Il. ~ '" .. t&J I- et' Cf) 0 - 'I( 0:: '" 1: ... '" 0 0 ,~ to ~ ct' CO . CII ~ ~ , : . ~ ~ ,f' . ~ ,D . Y / f/ ,;j f~ lJ~ I) -(0 I (;l" > /" "i' vb ~o ~ \ ..~ ~ l\l' . \l ~ ~ ~~ " " ~ -f 00. '<>v .9/ 0-<, lS'.s ~'v I> i> ) ~4 -'>>v ~ ~D- ~~ <Y ~ 4"", ~ ....0 ..../ . ~ ~ Carnadero Project Uvas w/City of Gilroy Agreement Exhibit A-1 ". Uvas Carnadero Project City of Gilroy EXHIBIT B When recorded, return to: C,mr:ty of Santa Clara Parks & Recreation Deoartment 298 Garden Hill Drive Lr IS <:iatos, CA 95030 - -.-- --- ----------- EASEMENT DEED Park: Project: APN: Uvas Carnadero City of Gilroy 808-19-4 (portion) ------_._~---_._. CIT" OF GILROY. a municipal corporation of the State of California, grants to COUNT" OF SANTA CLARA, a political wbdivislon of the State of California, a thirty-five foot easement for publiC right of way across that real property In the County of Santa Clara. Stat(' of California, described on thp attached Exhibit A. The easement route shall not exceed a n,aximum grade of 8% and shall not require removal of or damage to any prominent natural features (l'.g. existing hills, fomstation, vegetation. wUdlife habitat) DatE ( fie lC:;o ~ Stalf: of California ss. (OUilty of Santa Clara On SeptembE,!r IE ,1990, bel ore me, Sus~nne E. Steinmetz a Notary Public in and for said State, personally appeared Jay Baksa, known to me to be the City Administrator of the City of Gilroy, known to me to be the person who executed this instrument on behalf of the City of Gilroy and acknowledged to me that the City 01 Gilroy authorized execution of this instrument. ~"!I~ F.. ~i!'r":'!. C;t'/ t13f\ City of (;~f~~f. L;:;.~ rot ~!ltJ Cbra tt.\\9 of C~C..r,:L1 (Xf C)"a C~ SK.l1a1. eowrcr.:t COOe ~'(. ~lt 6 \ ==1:\ ---- ~ o~ v, a= v ~ ~ . Q .~ - .S'v .j' -.J " ~ t.- 0,<, -.J ~ ~ 0.9. - ~ \ +'/ 1: -J . Au ~ (.) C/) cv Q: .\ \) ~ ~ q ~ tl ~ ~ Cl . W "- " ... I- oy- Au ."" ~ // CO - Cl': ./ - (.) a= '" q 1: .... "- 0 0 0 ~ Q: ffi cv 3 5-foot The by City and I the text stated n be determined sh all ment route conditions ease 9 to the accordl n County t 98semen . of the ,f) . t ..D Y / f/ .~I fl ,," . -s ~ \' "'v .. ~ 4'.- ~ "0 ~ , ~ ~ Uvas Carnadero Easement Exhibit A-1 Project Park: Project: APN: Uvas Creek Preserve Flice Family Estate 808-19-4 (part) PURCHASE AGREEMENT This Purchase Agreement (Agreement) is between the COUNTY OF SANTA CLARA (COUNTY) and CRAIG P. FILICE, acting under Holding Agreement dated 1/')Q/R8 for the benefit of the individuals and trusts listed in Exhibit A (SELLER). 1. PURCHASE AND SALE SELLER agrees to sell to COUNTY, and COUNTY agrees to buy from SELLER, the real property known as a portion of APN 808-19-4 (Property) described in the attached Exhibit B. 2. PURCHASE PRICE The total purchase price shall be Two Million and NO/100 Dollars ($2,000,000). 3. ESCROW AND CLOSING This transaction shall be handled through Escrow No. 172325 with Continental Land Title Company, 7777 Wren St., Gilroy, CA 95020 (Escrow Holder). COUNTY shall pay for the escrow fees, title insurance for the interests it receives and all other recording costs and fees. SELLER authorizes Escrow Holder to deduct from the purchase price the amount of any delinquent taxes plus any penalties and interest. 4. LEASES OR OCCUPANCY OF PROPERTY SELLER warrants that there are no oral or written leases or rental agreements affecting any portion of the Property. SELLEH agrees to hold COUNTY harmless from any costs, liability, loss, damage, expense or costs for legal services arising from any such lease or rental agreement of the Propeny. It is understood that the provisions of this paragraph shall survive the close of escrow and recording of any Grant Deed(s). 5. SELLER'S REPRESENTATIONS AND WARRANTIES SELLER represents and warrants to COUNTY that on the date this Agreement is fully executed and at close of escrow the following conditions apply: (a) Authority - SELLER has the full ri~lht, power and authority to enter into this Agreement and to perform the transactions contained in it. (b) Good Title - SELLER has and shall have at close of escrow good, marketable and indefeasible fee simple title t::> the Property. Such title shall be free and clear of all liens and encumbrances except for those below or expressly accepted by COUNTY in its instructions to Escrow Holder: (1) Right of the public for roadway in Miller Avenue (2) Ea5ement for utilities recorded May 18, 1937, in Book 821 Page 339 Santa Clara County Official Records. (3) Agreement for reclaimec water recorded December 28, 1977, in I . .. Book D368 Page 556 Santa Clara County Official Records (4) Agreement for reclaimed water recorded December 28, 1977, in Book D368 Page 564 Santa Clara County Official Records (5) Public utility easement recorded September 29, 1979, in Book E826 Page 99 Santa Clara County Official Records 6. IRREVOCABLE OPTION The COUNTY will have until Octobel 30, 1990, to accept and execute this Agreement. Until this date, COUNTY shall have an irrevocable option to accept and execute this Agreement. COUNTY has paid SELLER Ten and NO/100 Dollars ($10.00) for this option. SELLER acknowledges receipt of the payment. Authority for this option is found in the resolution entitled "Resolution of the Board of Supervisors of Santa Clara County Authorizing Options to Purchase" adopted by the Board of Supervisors of Santa Clara County August 6, 1979. If COUNTY fails to exercise the option, SELLER shall retain the Ten Dollars paid for this option. If COUNTY exercises its option, the sum shall be applied to the purchase price. 7. POSSESSION SELLER hereby authorizes COUNTY to take possession of the subject real property at any time after close of escrow. The parties have executed this Agreement as shown below: COUNTY OF SANTA CLARA ~~--n?V/l A~:L~ Susanne Wilson, Chairperson Board of Supervisors SELLER ..~._~. l~.-' <-- c....-=:::: _ . ..~ Craig P.. Filice Date. N LW l5 1990 Date: :.sepT / ...:~; cf f::. , ... ~ ~ U~~ Donald M. Rains,. Cler---.- Board of Supervisors Form and legality approved. . / 1/ .' / b /:-)It:lll/L-'}:Y1 f) ,- ' . Kathryn A. ~ry Deputy County Counsel -'\/t-' c /" /' ...