PIA No. 94-31 - Custom One, Inc.
//
RECORDING REQUESTED BY:
ci ty of Gilroy
WHEN RECORDED, MAIL TO:
Susanne E. steinmetz
ci ty of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
N 7 7 6 PA GE 0 I 30
REC FEE
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12819934
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Property Improvement Agreement
Custom One, Inc.
DOCUMENT TITLE
FILEDfOH ~iECORD
AT HEOUEST OF
,
~
elf,! ~ bcfry,y
95 MAR -I PM 2: 47
OFFICI L GU;WS
SANTA CLAR.A COU;HY
G R !7;-' D " n ,~, tl '. ;,~
\T[t~.' ~~t i3-t-;:i~ lJ
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6
N 7 7 6 PA GE 0 I 3 I
RECORDING REQUESTED BY:
.
ci ty of Gilroy
WHEN RECORDED, MAIL TO:
city of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
PROPERTY IMPROVEMENT AGREEMENT
RESIDENTIAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
No. 94-31
This agreement made and entered into this 21st day of February ,
199~, by and between the city of Gilroy, a municipal corporation, herein called
the "c~ty" and Custom one. Inc. , a real
property owner developer or subdivider, herein called the "Developer".
WHEREAS, a final map of subdivision, record of surveyor building permit
(site clearance) application has now been submitted to the city for approval and
acceptance, covering certain real estate known as and called:
Tract No. 8668. solis Heiqhts. APN 790-20-069 & 070
and,
WHEREAS, the Developer requires certain utilities and public works
facilities in order to service the property under the minimum standards established
by the city and,
WHEREAS, the city, by and through its city council, has enacted certain
codes, Ordinances and Resolutions and certain Rules and Regulations have been
promulgated concerning the subject matter of this agreement and,
WHEREAS, the city has certain res~onsibilities for maintenance and operation
of such utilities and public service fac~lities after acceptance by city, and for
providing the necessary connecting system, general plant and appurtenances, and the
city is agreeing to discharge those respons~bilities.
NOW THEREFORE, in consideration of the premises and in order to carr~ on the
intent and purpose of said codes, Ordinances, Resolutions and Regulations, ~t is
agreed by and between the parties as follows:
SECTION 1
That all Codes, ordinances, Resolutions, Rules and Regulations and
established policies of the city and the laws of the State of california concerning
the subject matter of this agreement are hereby referred to and incorporated herein
to the same effect as if they were set out at length herein. Said Codes,
Ordinances and Regulations include, but are not limited to, the following: the Code
of the cit~ of Gilroy, the current zoning ordinance, and the currently adopted
Uniform Bu~lding Code.
SECTION 2
The Developer agrees:
a. To perform each and every prov~s~on required by the city to be performed
by the Developer in each and everyone of said codes, Ordinances and
other Regulations.
b. To grant to the city without charge, free and clear of encumbrances, any
and all stipulated easements and rights of way in and to his said real
property necessary for the cit~ in order that its water, electricty,
and/or sewer lines in or to sa~d real property may be extended.
-1-
H 11 6 PA GE 0 I 32
c. To indemnify and hold the city harmless and free from all damage and
liabili ty done to any utility, public bcili ty or other material or
installation of the city on said real estate which the Developer or any
contractor or subcontractor of the Developer, or any employee thereof,
shall do in' grading or working upon said real estate.
d. To construct and improve all public works facilities and other
improvements as set out herein, according to the standards heretofore
established, and accordin9 to the grades( plans and specifications
thereof, all as approved by the citI Eng1neer, and shall furnish two (2)
good and sufficient bonds. .one sha 1 be executed in the face amount of
no less than $ ~06 rg2f. op , and the other shall be executed in an
amount no less t an 0% 0 the above mentioned bond and shall secure
payment to the contractor, his subcontractors and to persons renting
equipment or furnishin9 labor or materials to them for the improvement
hereunder, and as prov1ded for in section 4200-4210 of the Government
Code of the'state of California( the Codes, ordinances, Resolutions, and
Regulations of the city, and th1s agreement.
The faithful performance bond hereinabove provided for, shall by the terms
remain in full force and effect for a period of one (1) year after the
completion and acceptance of said work, to guarantee the repair and
replacement of defective material and faulty workmanship.
In lieu of said faithful performance bend for m~intenance, the Developer may
furnish a maintenance bond in the amount of 10% of the total contract price
(with a minimum amount of one thousand dollars $1,000.00) to cover the one
(1) year maintenance period.
e. That upon approval of the final map of the subdivision, the record of
surveyor the building permit covering the real estate to be improved
and before any work is done therein, the Developer shall pay to the city
all sums, shown in Section 9 thereof to be due under the terms and
provisions of this agreement.
SECTION 3
That all sums shown herein to be payable by the Developer to the city are
due and payable to the city upon the execution of this agreement.
SECTION 4
That all the provisions of this agreement and all work to be done pursuant
to the terms of this agreement are to be completed within one year from and after
the date and year first above written.
SECTION 5
That the special provisions concernin9 the particular real estate referred
to above, being attached hereto, are hereby 1ncorporated herein and expressly made
a part of this agreement.
SECTION 6
That the faithful and prom~t ~erformance by the Develo~er of each and every
term and condition contained here1n 1S made an express condit10n precedent to the
duty of the City to perform any act in connection with this transaction, and the
failure, neglect or refusal of the Developer to so perform, or to pay any monies
due hereunder when due shall release the city from any and all obligations
hereunder and the city, at its election, may enforce the performance of any
provision herein, or any right accruing to the City or ma~ pursue any remedy
whatsoever it may have under the laws of the State of Ca11fornia or the codes,
ordinances, Resolutions of the city, in the event of any such default by Developer.
SECTION 7
That this agreement, together with the attached stipulations, is an
instrument affecting the title or possession of the real property described in
Exhibit A. All the terms, covenants and conditions herein imposed shall be binding
upon and inure to the benefit of the successors in interest of Developer. Upon the
sale or division of the property described in Exhibit A, the terms of this
agreement shall apply se~arately to each parcel and the Developer of each parcel
shall succeed to the ob11gations imposed on Developer by this agreement.
-2-
H176PAGEO 133
SEC'l'ION 8
That the following General stipulations and the attached stipulations shall
be completed subject to the approval of the Director of PUblic works.
1. Locate and proper If dispose of any wells, septic tanks and underground
fuel storage facil1tes.
NOTE: The capping of any well will require inspection by the Santa
Clara valley water District.
schedule the construction of ~rovements alon~ existing public roads
so that the work affecting veh1cular traffic 1S completed with a
minimum interruption to traffic.
2.
3.
All work within the public right-of-way shall be subject to the approval
of the city Engineer.
Before construction utilizing combustible materials may proceed, an all
weather access must be provided to within 150 feet of the building site;
and at least one in service fire hydrant must be available within 500
feet of each ~ortion of the site wherein this construction is to take
place. Locat10n of the fire hydrants will be determined by the Fire
chief.
4.
SECTION 9
That the attached Development cost schedule enumerates all fees and their
extensions.
TOTAL AMOUNT DUE CITY
IN WITNESS WHEREOF, city has
$
240,578.25
steinmetz
APPROVED AS TO FORK:
~-
IN WITNESS WHEREOF owner has
executed this agreement as of ';;'/;5:11 S'
OWNER eO'sr-:;. 6>1'/6 ;;:,.L I A c..... ~ 4"""
15ft /~_ ~__I /"- ,
DATE
.:2/;J-- If.:'"
NOTE: If Developer is a corporation, the complete legal name and corporate seal of
the corporation and the corporate titles of the persons signing for the corporation
shall appear above.
-3-
N 1 7 6 PA GE 0 I 34
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On February 15, 19?5before me, Patricia K. Bentson, Notary Public,
GARY A. A TON P
persona y no to me (or prove to me on t e aSLS 0 satLs actory evidence) to .
be the person(s) whose name(s) is/are subscribed to the within instrument and .
acknowledged to me that he/she/they in his/her/their authorized capacity(ies), and
that by hLs/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~~~ 0 fficial.s. eal. )
~ 9~~-
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signatu ...., . .~~. ~.
~. 40814, c~; -, U81
OFFICIAL SEAL
Patricia K. Bentson
NOTARY PUBLIC. CALIFORNIA
SANTA CLARA COUNTY
My Comm. Expires June 9. 1995
-4-
H 1 :16 PA GE01-3-5
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EXHIBIT A
VICINITY MAP
DEVELOPMENT AGREEMENT 94-31
Tract 8668
N7 i7 6 PAGED 136
DATE:
24-Aug-94
CITY OF GILROY
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
FINAL CHARGES
NUMBER:
94-31
PROJECT LOCATION:
Kern Ave.,Tract 8668
PARCEL NUMBER:
790-20-069 & 070
OWNER/DEVELOPER:
Silicon Valley Properties, Inc.
MAILING ADDRESS:
2620 Augustine Drive, Suite 120, Santa Clara, Ca. 950
TELEPHONE NO:
408-727-9300
PREPARED BY: Mark Fachin
-----------------------------------------------------
Key G/L Account
Account No. Code Fee: Credits: Amount Due: Description:
---------------------- ------------- ------------ ------------ ------------
100-2600-3-600400 4904 $4,119.18 $0.00 $4,119.18 PW Services
100-2600-3-600412 4702 $19,653.82 $0.00 $19,653.82 Plan Ck/Insp
410-2400-3-629000 3302 $96,404.00 $0.00 $96,404.00 Park Fee
420-2600-3-680200 4501 $971. 94 $0.00 $971. 94 Storm. Fee
431-2600-3-680300 5001 $0.00 $0.00 $0.00 Undrgrnd Fee
432-2400-3-625000 3301 $2,764.70 $0.00 $2,764.70 Tree Fee
433-2600-3-681000 4905 $38,388.00 $0.00 $38,388.00 Traffic Fee
434-1400-3-680000 4402 $5,026.00 $0.00 $5,026.00 Police Fee
435-2600-3-671000 4509 $38,178.00 $0.00 $38,178.00 Sewer Fee
436-2600-3-695000 4510 $21,742.00 $0.00 $21,742.00 Water Fee
437-1500-3-680000 4511 $1,106.00 $0.00 $1,106.00. Fire Fee
720-0433-3-690000 2202 $1,207.10 $0.00 $1,207.10 Const Water
801-0000-2-229015 4703 $11,017.51 $0.00 $11,017.51 Reimbrsmnts
801-0000-2-229015 4703 $0.00 $0.00 $0.00 xxxxxxxxxxxx
801-0000-2-229015 4703 $0.00 $0.00 $0.00 XXXXXXXXXXXX
Totals................ $240,578.25 $0.00 $240,578.25
------------
------------
Bonds and Securities $309,039
--------------
--------------
SERVICE CHARGES
( 1)
N 7 7 6 FA GE 0 I 37
CITY OF GILROY
DEPARTMENT OF PUBLIC WORKS
DEVELOPMENT COST SCHEDULE
FINAL ESTIMATE
No. 94-31
Date 24-Aug-94
Prepared by Mark Fachin
NOTE: This 100 % cost schedule has been adjusted to the rates in
effect at the time Building Permits were issued.
Location of Property Kern Ave.,Tract 8668
Assessor's Parcel No. 790-20-069 & 070
Name of Applicant
Silicon Valley Properties, Inc.
2620 Augustine Drive, Suite 120, Santa Clara, Ca. 950
Mailing Address
Site Information:
N Residential-Low ?
N Residential-High ?
N Commercial-Low ?
N Commercial-High ?
N Industrial-General ?
N Industrial-Warehouse
N Assembly Hall?
Common Area?
Lots: units: Sq Ft: Acres:
14 14 2.910
0 0 0.000
0 0 0.000
0 0 0.000
0 0 0.000
0 0 0.000
0 0 0.000
0 0.000
Commercial/Industrial Allocations:
Sewer GPD:
o
Reimbursements and credits:
N Country Estates Water System?
N Country Estates Sewer System?
Water GPD:
o
N Northwest Quadrant Sewer?
N Obata Industrial Park Credit?
Front Footage for Front Foot Charges and Construction Water:
Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water:
1,128.45 0.00 278.22 0.00 278.22
Special Public Works Services
100-2600-3-600400
$4,119.18
Maps:
Final
$3,025.00 +
$50.00 /lot
Parcel $1,070.00 + $100.00 /lot
Reapportionment (Assessment District Parcels)
$1,767.00 + $100.00 /lot
Administration Fees:
Country Estates Water System
(Not Included)
Country Estates Sewer Trunk Main
(Not Included)
Northwest Quadrant Sewer Trunk Main
(Not Included)
COST SCHEDULE (1)
100%
Y $3,725.00
$4,119.18
=------------
N $0.00
=------------
N $0.00
=------------
Y $0.00
=------------
Y $0.00
=------------
Y $0.00
=------------
H 1 7 6 PA GE 0 1 38
'Misc~llaneous Engineering Services:
(Cost Schedules, Agreements, R/W Reviews and Other Misc. Services)
3 hr Misc Services $77.00 /hr. Y $231.00
=------------
Public Works Microfilming (Maps and Plans):
1- 6 sht $149.94 + $6.62 /sheet
Y
$163.18
=------------
7-12 sht $191.84 +
13-18 sht $233.73 +
$6.62 /sheet
$6.62 /sheet
Y
$0.00
=------------
Y
$0.00
=------------
# of Shts
2
Engring Plan Check and Inspection
(Based on total cost of public
right-of-way improvements)
16 hr Onsite grading $77.00 /hr.
100-2600-3-600412
$19,653.82
100%
Y $1,232.00
$19,653.82
=------------
Actual Cost of Public Improvements
10% of first $100,000
8% of $100,000 to $200,000
7% of over $200,000
Offsite Improvements to be Bonded
$206,026
Y $10,000.00
=------------
Y $8,000.00
=------------
Y $421.82
=------------
$206,026
Park Impact Fee
410-2400-3-629000
$96,404.00
a.Residential-Low
$6,886.00 /unit
100% $96,404.00
Y $96,404.00
=------------
b.Residential-High
$4,918.00 /unit
Y
$0.00
=------------
Storm Drain Impact Fee
420-2600-3-680200
$971. 94
a.Residential-Low
$334.00 /acre
Y
100%
$971. 94
$971. 94
=------------
b.Residential-High
$501.00 /acre
Y
$0.00
=------------
c.Commercial
$668.00 /acre
Y
$0.00
=------------
d.Industrial
$751. 00 / acre
Y
$0.00
=------------
e.Assembly Hall
$334.00 /acre
Y
$0.00
=------------
Obata Industrial Park Credits
(Based on reimbursements due from oversized storm facilities)
Obata Fee Credit $1,170.00 /acre Y $0.00
=------------
COST SCHEDULE
( 2 )
utility Underground Fee
Nil 6 p~ GE 0 I 39
431-2600-3-680300
Front Footage
100% $0.00
$0.00
$118.36 / f.f. x
0.00
N
=------------
Street Tree Fee
432-2400-3-625000
Front Footage
100%
a.City Planting and Replacement
$2.45 / f.f. x
Y 1,128.45 =
$2,764.70
=------------ ------------
b.Inspection and Replacement
$0.34 / f.f. x
N
0.00 =
$0.00
=------------ ------------
Traffic Impact Fee
433-2600-3-681000
$2,764.70
$2,764.70
$38,38'8.00
a.Residential-Low
$2,742.00 /unit
100% $38,388.00
Y $38,388.00
=------------
b.Residential-High
$2,222.00 /unit
$0.00
Y
=------------
c.Commercial-Low Traffic
(<= 4 trips/1000 sf) $3,032.00 /k.s.f.
Y
$0.00
=------------
d.Commercial-High Traffic
(> 4 trips/1000 sf) $6,127.00 /k.s.f.
Y
$0.00
=------------
e.Industrial-General
$1,184.00 /k.s.f.
Y
$0.00
=------------
f.Industrial-Warehous
$872.00 /k.s.f.
$0.00
y
=------------
Police Impact Fee
434-1400-3-680000
a.Residential-Low
100%
$359.00 /unit y $5,026.00
=------------
$529.00 /unit y $0.00
=------------
$561. 00 /k.s.f. y $0.00
=------------
$18.00 /k.s.f. y $0.00
=------------
b.Residential-High
c.Commercial
d.Industrial
COST SCHEDULE
( 3 )
$5,026.00
$5,026.00
Sewe~ Impact Fee
H 11 6 PA GE 0 , '-+ 0
435-2600-3-671000
$38,178.00
a.Residential-Low
$2,727.00 /unit
100% $38,178.00
y $38,178.00
=------------
b.Residential-High
$1,948.00 /unit
y
$0.00
=------------
c.Commercial/Industrial
$950.00 /
100 gals./day
y
$0.00
=------------
Country Estates Sewer Trunk Main
(Not Included)
Y $0.00
=------------
Obata Industrial Park Credits
(Based on reimbursements due from oversized sewer facilities)
Obata Fee Credit $531.00 /acre Y $0.00
=------------
Water Impact Fee
436-2600-3-695000
$21,742.00
a.Residential-Low
$1,553.00 /unit
100% $21,742.00
Y $21,742.00
=------------
b.Residential-High
$1,109.00 /unit
Y
$0.00
=------------
c.Commercial/Industrial
$2,360.00 /
1,000 gals./day
Y
$0.00
=------------
Obata Industrial Park Credits
(Based on reimbursements due from oversized water facilities)
Obata Fee Credit $154.00 /acre Y $0.00
=------------
Fire Impact Fee
437-1500-3-680000
$1,106.00
d.Industrial
100%
$79.00 /unit Y $1,106.00
=------------
$105.00 /unit Y $0.00
=------------
$70.00 /k.s.f. Y $0.00
=------------
$9.00 /k.s.f. Y $0.00
$1,106.00
a.Residential-Low
b.Residential-High
c.Commercial
=------------
Water User Fee (Construction)
720-0433-3-690000
y $1,207.10
=------------
100% $1,207.10
$2.58 / f.f.
+
$168.14 /a.c.
COST SCHEDULE
(4)
Frbnt Foot Charges:
(Ysed to charge and reimburse fees for existing infrastructure)
N 11 6 PA GE 0 \ 4 ,
Water
801-0000-2-229015
$0.00
Water Mains, including fire hydrants,
valves and box:
(Developer is responsible for up to
and including 12" mains)
100%
$0.00
Half Pipe
----------
6 " Main $12.50 / f.f. x
8 " Main $13.50 / f.f. x
10 " Main $15.00 / f.f. x
12 " Main $16.50 / f.f. x
14 " Main $18.50 / f.f. x
16 " Main $20.50 / f.f. x
Country Estates Water System
(Not Included)
Sewer
Front Footage
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
Y $0.00
=------------
801-0000-2-229015
$3,477.75
100% $3,477.75
Sewer Mains, including manhole:
(Developer is responsible for up to
and including 12" mains)
Half Pipe
----------
6 " Main $12.00 / f.f. x
8 " Main $12.50 / f.f. x
10 " Main $14.00 / f.f. x
12 " Main $15.50 / f.f. x
15 " Main $19.00 / f. f. x
Front Footage
N
0.00 =
$0.00
=------------ ------------
Y 278.22 = $3,477.75
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
Northwest Quadrant Sewer Trunk Main
(Not Included)
Y $0.00
=------------
Country Estates Sewer Trunk Main
(Not Included)
Y $0.00
=------------
COST SCHEDULE
(5 )
. street Improvements
Pavement
3" AC on 8" AB
3" AC on 10" AB
3" AC on 12" AB
3" AC on 15" AB
Sidewalk 4" on 4"
and driveway
Curb/Gutter on 6"
Storm Drain
N116PAGEO' 42
801-0000-2-229015
Square Footage
100% $7,539.76
$7,539.76
$2.42 x 0.00 = $0.00
------------
$2.71 x 2,782.20 = $7,539.76
------------
$2.99 x 0.00 = $0.00
------------
$3.43 x 0.00 = $0.00
------------
Square Footage
$4.43 x
0.00 = $0.00
Front Footage
$14.39 x
0.00 =
$0.00
801-0000-2-229015
100% $0.00
$0.00
Storm Mains, including manholes and catch basins:
(Developer is responsible for up to
and including 24" mains)
Half Pipe Front Footage
----------
18 " Main $19.00 / f.f. x
21 " Main $20.50 / f.f. x
24 " Main $22.00 / f.f. x
27 " Main $23.50 / f.f. x
30 " Main $25.00 / f.f. x
33 " Main $26.50 / f.f. x
36 " Main $28.00 / f.f. x
42 " Main $31.00 / f. f. x
48 " Main $34.00 / f.f. x
54 " Main $37.00 / f.f. x
60 " Main $40.00 / f.f. x
66 " Main $43.00 / f. f. x
72 " Main $46.00 / f.f. x
78 " Main $49.00 / f. f. x
COST SCHEDULE
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
(6 )
96 " Main
$52.00 / f.f. x
$55.00 / f.f. x
$58.00 / f.f. x
N
t~ 1 i1 6 PA GE 0 , t.3
0.00 = $0.00
~
. 81J, '\ Main
=------------ ------------
\
90 " Main
N
0.00 =
$0.00
=------------ ------------
N
0.00 =
$0.00
=------------ ------------
Bonds and Securities
* Not included in TOTAL DUE
801-0000-2-229015
* $309,039
(est)
NOTE: All deferred and/or estimated fees will be adjusted to the rates in
effect at the time Building Permits are issued. The undersigned
agrees to provide actual construction costs for recalculation of
fees and pay any underestimated fees prior to final acceptance. If
the recalculated fees are less than the estimate, the City of
Gilroy will refund the difference. A ~~/.} /_n
Cu.! TO"'\ "^' Go; 7:'V '- '/ '1"" ----p -...,-'
Accepted by: I~ UJdInJ
Date: ~..r/Y5
COST SCHEDULE
(7)