PIA No. 97-55 - Eagle Ridge Development Company
'"
b'i
DOCUMENT: 13962582 Titles: 1 I Pages: 24
RECORDING REQUESTED BY:
:0:001396258:2:0:
City of Gilroy
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
WHEN RECORDED, MAIL TO:
Rhonda S. PeIlin
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Fees.
Taxes.
Copies.
AMT PAID
76.00
76 00
RDE l=I 008
12/03/1997
11: 30 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 97-55
Tract 8962, Eagle Ridge, APNs 810-21-003;
841-22-001,002 & 003; 810-24-005 & 006
Eagle Ridge Development Company, LLC
Property Improvement Agreement - Residential
DOCUMENT TITLE
. ,
PROPERTY IMPROVEMENT AGREEMENT
RESIDENTIAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES AND PERFORMANCE
OF PROJECT CONDITIONS OF APPROV AL
No. 97-55
7 -fl" . J
This agreement is made and entered into this ~ day of N (' v . , 1997 , by and between the City
of Gilroy, a municipal corporation, herein called the "City" and Eagle Ridge Development Company.
LLC ,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. 8962. Eagle Ridge. APNs 810-21-003: 841-22-001. 002 & 003: 810-24-005 & 006 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 responsibilities for maintenance and operation of such utilities and
public service facilities after acceptance by City, and for providing the necessary connecting system, general
plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer
has faithfully and fully complied with all of the terms, covenants, and conditions to be performed by Developer
pursuant to this agreement and,
RECIT ALS
WHEREAS, the Tentative Map for the real property covered by this Agreement and the Master Project
of which such property is a part was approved by the City, subject to certain mitigation measures, mitigation
monitoring programs and other conditions of approval.
NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and
purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as
follows:
1
SECTION 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and
the laws of the State of California and the United States of America 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, Resolutions, Rule and and Regulations include, but are not limited to, the
following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform
Building Code.
SECTION 2
The Developer agrees:
a. To perform each and every provision required by the City to be performed by the Developer in each and
every one of said Codes, Ordinances, Resolutions, Rules and other Regulations and to comply with the
foregoing and all applicable laws..
b. To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of
way in and to said real property necessary for the City in order that its water, electricity, and/or sewer lines
in or to said real property may be extended.
c. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits, fees,
claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without
limitation attorneys' fees) incurred by City in connection with (i) any damage done to any utility, public
facility or other material or installation of the City which the Developer or any contractor or subcontractor
of the Developer, or any employee of the foregoing, shall do in grading or otherwise performing any work
in connection with this agreement, or (ii) arising or resulting directly or indirectly from any act or omission
of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection
with the work performed by them in connection with this agreement, including without limitation all claims
relating to injury or death of any person or damage to any property.
d. To construct and improve all public works facilities and other improvements described in this agreement in
accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, all
applicable laws and this agreement, and in accordance with the grades, plans, and specifications therefore
approved by the City Engineer. Developer shall furnish two good and sufficient bonds, in form and content
and issued by a bonding company acceptable to City as follows: (i) a performance bond to be executed in
the face amount of not less than Three Million Six Hundred Thousand ($3.600.000.00), and (ii) a payment
bond to be executed in the face amount of not less than Fifty percent (50%) of the performance bond
described in (i) immediately above, both such bonds being issued for the public to be constructed in
connection with Tract No. 8962, Eagle Ridge, which are improvements described in this agreement (the
"Public Improvements). The performance bond shall secure payment to City and the Developer of any loss
due to the default of the contractor or its inability or refusal to perform its contract. The payment bond
shall secure payment to the subcontractors and persons renting equipment for the furnishing of labor or
materials for the Public Improvements, as provided in Sections 66499 et seq of the Government Code of the
State of California, the Codes, the Ordinances, Resolutions, Rules and the Regulations of the City, and this
agreement. Each bond shall set forth a time period for performance by the contractor of its obligations and
2
the terms and conditions on which the City may obtain the proceeds of the bond. The performance bond
shall by its terms remain in full force and affect for a period of not less than one year after completion of the
Public Improvement by Developer and acceptance of said improvements by City, to guarantee the repair
and replacement of defective material and faulty workmanship. Upon completion of the Public
Improvements by Developer and acceptance of the Public Improvements by City, Developer may substitute
for the performance bond securing maintenance described above, a separate maintenance bond in the
amount of 10% of the total contract price of the Public Improvements (provided that the amount of said
bond shall not be less than One Thousand Dollars ($1,000)) to cover the one year maintenance.
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.
f At all times during the term of this agreement and until the Public Improvements constructed by Developer
are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability
and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined
single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by
law; and ( c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the
estimated value of the Public Improvements to be constructed by Developer pursuant to this agreement. All
such policies shall provide that thirty (30) days written notice must be given in advance to City prior to
termination, cancellation or modification. The insurance specified in (a) above shall name City as an
additional insured and the insurance specified in ( c) shall name City as a loss payee" and shall provide that
City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or
omissions of Developer or Developer's contractors or subcontractors or their respective employees.
Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all
rights to recover against City for any loss or damage arising from a cause covered by the insurance required
to be carried pursuant to this agreement or actually carried by Developer in connection with the work
described in this agreement, and will cause each insurer to waive all rights of subrogation against City in
connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis
and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this
agreement, Developer shall deliver to City the insurance company's certificate evidencing the required
coverage, or if required by City a copy of the policies obtained.
SECTION 3
That except as otherwise expressly provided in this Agreement, 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 in
connection with Phase I (defined below) are to be completed to City's satisfaction within one year from and
after the date and year first above written. Developer shall maintain such public works facilities and other
improvements described in this agreement at Developer's sole cost and expense at all times prior to acceptance
by City in a manner which will preclude any hazard to life or health or damage to property.
3
SECTION 5
That the special provisions concerning the particular real estate referred to above, being attached hereto, are
hereby incorporated herein and expressly made a part of this agreement. The Stipulation Sheet attached hereto
identifies work and other obligations to be performed in connection with Tract No. 8962, Eagle Ridge, as well
as other work and obligations to be performed in connection with subsequent phases of the Master Project.
For purposes of this Agreement and the attached Stipulation Sheet, Tract No. 8962, Eagle Ridge, has been
identified as "Phase I". Final charges and fees for subsequent phases of the Master Project will be set for in the
Improvement Agreements entered into for such Phases.
SECTION 6
That the faithful and prompt performance by the Developer of each and every term and condition contained
herein is made an express condition precedent to the duty of the City to perform any act in connection with this
transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due
hereunder when due shall release the City from any and all obligations hereunder and the City, at its election,
may enforce the performance of any provision herein, or any right accruing to the City or may pursue any
remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and
Regulations 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 City, Developer and 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
separately to each parcel and the Developer of each parcel shall succeed to the obligations imposed on
Developer by this agreement.
SECTION 8
That the following General Stipulations and the attached stipulations shall be completed subject to the
approval of the Community Development Director.
1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities.
NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District.
2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular
traffic is completed with a minimum interruption to traffic.
3. All work within the public right-of-way shall be subject to the approval of the City Engineer.
4. 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 portion of the site wherein this construction is to take place. Location 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.
TOT AL AMOUNT DUE CITY
$1.214.850.95
IN WITNESS WHEREOF, City has executed this agreement as of tJO V, I '7. /'iCf 7
APPROVED AS TO FORM:
~4.~
CITY ATTORNEY
Linda A. Callon
. .. .
IN WITNESS WHEREOF Owner has executed this agreement as of { / -I Z -7 7
OWNER
Daniel W. Hancock, Vice-President
Shapell Industries, Inc., Managing Partner
Eagle Ridge Development Company, L
DATE LI /;Z-/97
NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the
corporate titles of the persons signing for the corporation shall appear above.
5
I
I
~....'..'......
I'.
I,
I
~
I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Santa Clara
On November 21, 1997
Date
before me, Rhonda Pellin. Notary Public
Name and Title of Officer (e.g.. "Jane Doe, Notary Public")
personally appeared Jay Baksa
~ personally known to me - OR
Name(s) of Signer(s)
~
[
i....~..........
I'
I'
I,
I'
9 pi ovea to fAC on tho basis of satisfactory evidence to be the person,(sy-
whose nameMis/.aFe subscribed to the within instrument
and acknowledged to me that he/$l=te/t~ executed the
same in his/bef/tbeif authorized capacitY(i8a7, and that by
his/berltb.etr signature(a}-on the instrument the persor$};
or the entity upon behalf of which the person(s) acted,
executed the instrument.
J-----~r-----J
a. khONDA PELLlN
'" Commission # 1142623
~ . -. _ . Notary PUblic .- California ~
! Santa Clara County t
My Comm E>'q)ires Jun 19,2001
------------..................-------......
WITNESS~ha~d and Oft. icia.'1 '" s~~~~/v
~JLc:t'J,- t>::; Lt.-( ,
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
[
I,
~
~
;.......
I
~..~
~
I'
Description of Attached Document
Title or Type of Document: Property Improvement Agreement No. 97-55, Tract 8962, Eagle
Riqge
Document Date: 11-17-97
Number of Pages: 23
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Jay Baksa
Signer's Name:
I'
o Individual
~ Corporate Officer
Title(s): City Administrator
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
~
I Sig::~;S ::p~::e:::g Signer Is Representing: I
~~~~~~,%,~~,.g,*>~~~~~~~~~~~~
@ 1995 National Notary Association. 8236 Remmet Ave.. P.O. Box 7184. Canoga Park. CA 91309-7184
Reorder: Call Toll-Free 1-800-876-6827
Prod. No. 5907
~"]
~
I
1
1.1
'1
.1
@
'1..1
I
'1
~
.1
'I
1
'I
I
I
I
~
~
1........1
'I
I
~
~
1.........1
I
'I
~
~
1
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
on~,beforem~~
personally appeared '.-
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.
/~
signaturL~ _ . . _
per GC Sec. 40814; CCSec. 1181
6
STIPULATION SHEET
Tract No. 8962
PrQperty Improvement Agreement 97-55
The following are stipulations to Improvement Agreement No. 97-55 for Tract 8962:
1) The Developer is responsible for completing all improvements for Tract 8962 as shown on
the plan by Ruggeri-Jensen-Azar and Associates. (Phase I)
2) Developer shall comply with all EIR mitigation measures, monitoring programs,
conditions of approval, and other requirements imposed pursuant to city Council
Resolution 96-55 passed and adopted by the City Council on September 3, 1996,
approving the Vesting Tentative Map for Eagle Ridge (collectively, the "Vesting Tentative
Map Conditions"). In the event of any conflict between this Agreement and the Vesting
Tentative Map Conditions, the Vesting Tentative Map Conditions shall control. (Phase I
and Subsequent Phase).
3) The Homeowners Association shall be responsible for the maintenance of all private open
space, private streets and the storm water systems on the properties/facilities which are
owned by the Association. The Association shall conform to the approved weed
abatement plan. All the above items are defined in the project CC&R's. The Developer
shall be responsible for maintenance and implementation of the above-mentioned items
until such time as the property/facility is turned over to the Homeowners Association, and
shall continue to be responsible for non-Homeowner Association parcels throughout the
buildout phases of the project.
4) A golf maintenance (operation) plan shall be submitted as part of the development plan for
the golf course. The plan shall identify strategies addressing the management of the
recycled water, including groundwater monitoring of the recycled water ponds,
maintenance of the drainage channels, monitoring the effectiveness of the detention ponds,
and shall include provisions for system modification, if necessary. The plan shall provide
for a Department of Health Services certified recycled water officer. (Golf Course Phase)
5) The Developer shall be responsible for the implementation of the "Eagle Ridge California
Tiger Salamander Plan" prepared by LSA, dated June 14, 1996, including submittal of the
yearly monitoring report. The developer shall remain responsible for the plan
implementation until the California Tiger Salamander mitigation areas become part of the
Homeowner Association properties, at which time the Homeowners Association shall
become the responsible party. The project CC&R's include the Homeowners
Association's responsibility for the Plan implementation. (Phase I and Subsequent Phases)
lof6
6) Annexation of the entire project to Maintenance District NO.1 shall be completed prior to
the finalization of the first building permit. Following Final Map recordation for
subsequent phases, the developer shall amend the District to reflect the new parcels. The
Developer shall be responsible for the cost of annexing to the District, including the cost
of advertising, formation and attorney's fees. (Phase I)
7) The City will be conducting a city-wide traffic monitoring program. This program will
incorporate the monitoring for the Eagle Ridge Project. Any areas which require
monitoring for Eagle Ridge only will be paid for by the Developer. The Developer shall
be responsible for inst~tlling, or participation in the installation of improvements, if the
monitoring program identifies the need for one of the improvements stated in the Traffic
analysis report (KBH & Associates, July, 1996), as a result of the Eagle Ridge
development. The resulting requirements, including funding, credits and reimbursements,
shall be itemized in the improvement agreement for the phase in which the improvement is
required. (Phase I and Subsequent Phases)
8) The Developer shall pay a one-time $30,000 payment for the Castro ValleylHighway 101
Intersection as outlined in the Traffic Analysis Report. The payment is due with the last
phase of the project. (Subsequent Phases)
9) The golf course owners/operators shall formulate an agreement with SCRW A and/or the
City as required to connect to the reclaimed water system, and shall pay the applicable fees
and charges for connection to the reclaimed water system, upon implementation of the
golf course development plan. The plans for construction of the proposed reclaimed
water ponds shall include a ground water monitoring program which shall be subject to
the review and approval of the City Engineer. Future phases of this project may be subject
to participating in the recycled water program, payment of impact fees, and pro-rata
reimbursement for work performed on the system by the Developer. (Phase I and
Subsequent Phases)
10) Prior to the approval of the Final Map for Phase 2, the Developer shall pay the costs of
Master Planning and construction of the Class I Trail segment as shown in the approved
Planned Development documents, according to the City's specification from the western
terminus of the Uvas Creek Trail to Santa Teresa Boulevard (in Lieu of providing a 35-
foot Uvas Creek Trail easement with two access points along the Eagle Ridge frontage).
The Developer shall master plan the future south and north creekside Class I trail
connections that will be needed at Santa Teresa Boulevard. The Developer shall pay the
estimated cost of the future north side Class I Trail connections (not including any
bridge/structure modifications), including the Santa Teresa Boulevard connection, and the
trail to the east which will be connected to the existing Class I trail that terminates at
Laurel Drive and Uvas Park Drive. The north side trail connection will be constructed by
the City of Gilroy as part of the City of Gilroy's Uvas Creek Park Preserve - Phase II
20f6
project. The south side Class I trail connection will be a future City improvement.
(Subsequent Phases)
11) The Developer shall prepare a Safe Route to School Plan for each phase of the project
prior to the approval of its respective Final Map. The Save Route to School Plan for
Phase I is complete. (Phase I and Subsequent Phases)
12) The Developer shall provide an irrevocable offer of dedication to the City for areas shown
on the Vesting Tentative Map as Public Open Space, as those parcels are created on the
project Final Maps. The Phase I Final Map for the project has made an offer of dedication
for the first portion of the possible public open space. The offer will not be accepted by
the City at this time. Prior to City acceptance of the public open space parcels, the issues
of operation and maintenance will be addressed by the City Council. The Developer shall
cooperate with the City and assist in the resolution of issues related to the operation and
maintenance of the open space, including solutions for the possible need for funding and
related options which may include, but are not limited to: a maintenance district, land
trust, endowment or some other type of district acceptable to the City. The Developer
shall remain responsible for the maintenance of the open space parcels until such time as
they become part of the Homeowners Association or the City accepts the offers of
dedication. The project CC&R's shall address the maintenance by the Homeowners'
Association until such time as the City accepts the open space. (Phase I and Subsequent
Phases)
13) The Developer shall record a deed restriction of all Estate parcels (affects future phases) in
order to preclude future subdivision of these parcels into smaller lots. The City will
require a transfer of development rights from the creek ways and salamander mitigation
areas when the parcels for these respective areas are created on future Final Maps. (Phase
I and Subsequent Phases)
14) With the development of the portions of the project adjacent to Miller Road (future
phases), the Developer shall design and construct, at his expense, the proper realignment
and construction of Miller Road to collector street standards, along the development
frontage. The Developer's obligation shall be one-half the width plus 12 feet of additional
pavement. All standard infrastructure is required, including drainage, water, sewer,
lighting and landscaping. Design and alignment shall be subject to review and approval by
the City Engineer. (Subsequent Phases)
15) The Developer shall design and construct the northbound bus pull out at the time that the
respective interim traffic signal is required for each of the following intersections: Eagle
Ridge Main Entrance, Eagle Ridge South Entrance, and at Miller Road/Santa Teresa Blvd.
(Phase I and Subsequent Phases)
30f6
16) As part of the Phase I approval, the Developer shall be responsible for the storm water
system maintenance as part of the SWPPP until the golf course operation plan is in effect.
17) The City Engineer will monitor the adequacy of the Eagle Ridge storm drain system. If
the City Engineer judges the improvements to be inadequate for the protection of public
facilities, based on City design criteria, he may require corrective measures to be designed
and constructed by the Developer as a condition of approval for subsequent phases.
(phase I and Subsequent Phases)
18) The Developer shall construct a reservoir(s) and pumps at the south Zone II reservoir site
before the City accepts the subdivision improvement for the phase which contains the
three hundred and first lot, or at an alternative stage to be determined by the City
Engineer.
19) The Developer shall install, test and make operational, an approved water supply system
capable for providing adequate fire flow serving each phase of development, prior to start
of combustible construction, subject to approval of the Fire Marshall. (Phase I and
Subsequent Phases)
20) The Developer shall provide service connections and meters for recycled water usage by
Eagle Ridge, and shall provide for future extensions at location to be determined by the
City Engineer. All facilities, backflow devices, and connections shall be designed and
constructed by the Developer according to standards specified by the City Engineer.
(Phase I and Subsequent Phases)
21) Throughout all phases of this project, the developer shall operate in accordance with the
Tree Protection Plan. Exceptions may be granted by the Planning Division Manager for
special circumstances. (Phase I and Subsequent Phases)
22) Lots 1-5, 22-27, and 46-48, which obtain primary access from the Main Entrance Road,
shall be designed using turnaround driveway, or some other means, so as to prevent
backing into the Main Entrance Road. (Phase I)
23) The developer is eligible for reimbursement for the non-City reimbursed cost of
installation (or a portion thereof) of the sanitary sewer and potable water lines which
either front other developable properties or extend through other developable properties.
These reimbursements are payable by the respective properties as they develop.
Developer is eligible for said reimbursements for up to 10 years from the date of this
agreement.
24) Developer is responsible for all items discussed in Stipulation NO.2 until such items are
complete or until the responsibility for said items becomes that of the Home Owner's
Association due to land transfer or that of the Golf Course Owners due to land transfer.
40f6
Any corrective actions borne by the City to implement measures to protect public facilities
shall be reimbursed by the developer. (Phase I and Subsequent Phases)
25) The developer shall be reimbursed by the City for the cost of over-sizing (above a 12"
diameter pipe) for the off site sanitary sewer installation an amount of $44,790.12 per the
City fee schedule. This amount is based on 1681 LF of 15" VCP @ $7.76/LF and 1874
LF of 18" VCP @ $16.94/LF. In addition, developer shall be reimbursed for the cost of
the siphon under Uvas Creek an amount of$124,500jOO. Said reimbursement shall be
paid to developer within 60 days of the date of this agreement.
26) The developer shall be reimbursed by the City for the cost of over-sizing (above a 12"
diameter pipe) for the off site water main installation in Santa Teresa Blvd. and amount of
$299,880 per the City fee schedule. This amount is based on 10,500 LF of24" D.I.P. @
$28.56/LF. Siad reimbursement shall be paid to developer within 60 days of the date of
this agreement.
27) The developer shall be reimbursed by the City for permanent improvements which are part
of the Traffic Impact Fund (TIF) and identified in this Stipulation. The reimbursement will
be based on construction costs of the agreed-upon TIF related items, and will not exceed
the dollar amount of the TIF budget for those items. Said reimbursement will be paid
upon completion of the improvements, acceptance of same by City, and submittal of the
itemized reimbursement by the developer to the City. For Phase I, this paragraph applies
to the following improvements: Luchessa Signal; Thomas Road/Santa Teresa Blvd.
widening; project main entry/Santa Teresa Blvd. widening; and the project south
entry/Santa Teresa Blvd. widening. Future Phases will have other TIF related
improvements, which will be identified at that time. (Phase I and Subsequent Phases)
28) The developer shall be reimbursed by the City for the cost of installing sanitary sewer
laterals, lines (non-main lines), and their appurtenances in the park site. In the non-main
line only, the cost of grading associated with the park site, for costs associated with
relocation and/or removal of existing utilities in the park area, and for the cost of hard-
surfacing the path areas, if the City chooses to hard-surface them. Said reimbursement
shall be paid upon completion of the improvements, acceptance of same by City and
submittal of the itemized reimbursement by the developer to the City.
29) The $300,000 deposit paid to the City by the developer as part of the Residential
Development Ordinance agreement has been credited against the Traffic Impact Fee due
as part of this agreement.
50f6
Accepted by:
EAGLE RIDGE DEVELOPMENT COMPANY, LLC
BY:
DANIEL W. OCK
TITLE: 'hPkENi"
/ / ~~ ~
BY:
DATE:
60f6
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On !/-/dI-97. before m~ ~
personally appeared A . ., ~
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 hislher/their authorized capacity(ies), and that by hislher/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.
Signatur
6
.~
,..~.
)1
~
Exhibit "A"
DATE:
15-0ct-97
CITY OF GILROY
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
FINAL CHARGES
ALL PARK, POLICE & FIRE DEVELOPMENT FEES
HAVE BEEN DEFERED TO BUILDING PERMIT.
Tract 8962, Eagle Ridge, Unit 1
NUMBER: 97-55
PROJECT LOCATION:
PARCEL NUMBER:
A.P.N. 810-21-003, 841-22-001,002,003 and 810-24-005 and 006
OWNER/DEVELOPER:
Eagle Ridge Development Company, LLC
MAILING ADDRESS:
P.O. Box 361169,100 Milpitas Blvd., Milpitas, Ca. 95035
TELEPHONE NO:
408-946-1550, 408-946-4657(Fax)
PREPARED BY:
Mark Fachin
Account No. Key Code Fee: Credits: Amount Due: Account Description:
1~2601-~004OO 4904 $19,215.40 $0.00 $19,215.40 Special Public Works Serv
1~2601-~00412 4702 $560,385.55 $0.00 $560,385.55 Engring Plan Check & Insp
410-26~3~29(X)Q 3302 $694,900.00 DEFER ED TO BLDG PERMIT Park Development Fee
420-26oo-3~02oo 4501 $97,850.00 $0.00 $97,850.00 Storm Development Fee
431-2600-~80300 5001 $0.00 $0.00 $0.00 Utility Undergrounding Fee
432-2600-3-625000 3301 $0.00 $0.00 $0.00 Str Tree Development Fee
433-26~3-681ooo 4905 $307,100.00 $300,000.00 $7,100.00 Traffic Impact Fee
434-26~3-680000 4402 $38,000.00 DEFERED TO SLDG PERMIT Police Development Fee
435-26~3-671ooo 4509 $362,400.00 $0.00 $362,400.00 Sewer Development Fee
436-2600-3~95ooo 4510 $167,900.00 $0.00 -$t67,9OO.00 Water Development Fee
437 -26~~80000 4511 $9,100.00 DEFERED TO SLDG PERMIT Fire Development Fee
720-0433-3-690000 2202 $0.00 $0.00 $0.00 Const Water Use Fee
801-0000-2-229015 4703 $0.00 $0.00 $0.00 Reimbursements
801-0000-2-229015 4703 $0.00 $0.00 $0.00 XXXX
801-0000-2-229015 4703 $0.00 $0.00 $0.00 XXXX
Totals................ $2,256,850.95 $300,000.00 $1,214,850.95
Bonds and Securities $5,400,000
-----------
-----------
SERVICE CHARGES (1 )
CITY OF GILROY
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
FINAL COST SCHEDULE
ALL PARK, POLICE & FIRE DEVELOPMENT FEES
HAVE BEEN DEFER ED TO BUILDING PERMIT.
PROJECT LOCATION: Tract 8962, Eagle Ridge, Unit 1
PARCEL NUMBER: A.P.N. 810-21-003, 841-22-001, 002, 003 and 810-24-005 and 006
OWNER/DEVELOPER: Eagle Ridge Development Company, LLC
MAILING ADDRESS: P.O. Box 361169,100 Milpitas Blvd., Milpitas, Ca. 95035
TELEPHONE NO: 408-946-1550, 408-946-4657(Fax)
PREPARED BY: Mark Fachin
DEFER PARK, POLICE & FIRE DEVEL MENT FEES ? ~
NOTE: This 100 % cost schedule has been adjusted to the rates in effect at the time building permits were
issued. All Park, Police & Fire development impact fees have been defered and will be collected with the building
permit fees.
Site Information:
Y Residential-Low?
N Residential-High?
N Commercial-Low ?
N Commercial-High?
N Industrial-General?
N Industrial-Warehouse?
N Assembly Hall?
Common Area?
DATE:
15-0ct-97
NUMBER:
97-55
Acres:
237.500
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Lots:
131
o
o
o
o
o
o
Units:
100
o
Sq Ft:
o
o
o
o
o
o
Commercial/Industrial Allocations:
Sewer GPO:
o
Water GPO:
o
Reimbursements and credits:
N Country Estates Water System?
N Country Estates Sewer System?
N Obata Industrial Park Credit?
N Southeast Quadrant Hydrology Study?
Front Footage for Front Foot Charges and Construction Water:
Street Tree FF: Water FF:
0.00 0.00
Sewer FF:
0.00
Storm FF:
0.00
Construction Water FF:
0.00
100%
$19,215.40
$19,215.40
Special Public Works Services
100-2600-3-600400
Maps:
Final
$9,575.00
$3,025.00 +
$50.00
lot
Y
Parcel $1,070.00 + $100.00
Reapportionment (Assessment District Parcels)
$1,767.00 + $100.00
$0.00
lot
N
lot
N
$0.00
Administration Fees:
Country Estates Water System
(Not Included)
Country Estates Sewer Trunk Main
(Not Included)
Southeast Quadrant Hydrology Study
(Not Included)
=
Y $0.00
Y $0.00
=
Y $0.00
=
(1 )
COST SCHEDULE
Miscellaneous Engineering Services:
(Cost Schedules, Agreements, RNoI Reviews and Other Misc. Services)
120 hr Misc Services $77.00 I hr.
$9,240.00
y
Public Works Microfilming (Maps and Plans):
1-6shts $152.94 +
$0.00
$6.75
sheet
y
$0.00
7-12shts
$195.68 +
$6.75
sheet
y
=
$400.40
13-18 shts
$238.40 +
$6.75
sheet
y
=
# of Shts
24
~~
Engring Plan Check and Inspection
(Based on total cost of public
right-of-way improvements)
-1!. hr Site grading and
reinspection charges
Actual Cost of Public Improvements
1~2~3-6OO412
100%
$560,385.55
$560,385.55
N
$7,948,365
y
=
y
=
y
=
$3,600,000
$0.00
$77.00 I hr.
10% of first
$100,000
$10,000.00
8% of $100,000 -
$200,000
$8,000.00
7% over
$200,000
$542,385.55
Offsite Improvements to be Bonded
PARK FEE DEFER ED TO BUILDING PERMIT
100%
$694,900.00
$694,900.00
Park Impact Fee
410-2400-3-629000
$694,900.00
a.Residential-Low
$6,949.00 I unit
y
=
$0.00
b.Residential-High
$4,964.00 I unit
y
=
Storm Drain Impact Fee
a.Residential-Low
420-~3~0200 $97,850.00
_ 1 00% $97,850.00
$412.00 acre y $97,850.00
$618.00 acre y $0.00
$823.00 acre y $0.00
=
$926.00 acre y $0.00
=
$412.00 acre y $0.00
=
b. Residential-High
c.Commercial
d.lndustrial
e.Assembly Hall
Obata Industrial Park Credits
(Based on reimbursements due from oversized storm facilities)
ObataFeeCredit $1,170.00 I acre
$0.00
y
COST SCHEDULE
(2)
Utility Underground Fee 431-~~680300 $0.00
100% $0.00
Front Footage
$123.62 I f.f.x Y 0.00
Street Tree Fee 432-2400-3-625000 $0.00
100% $0.00
Front Footage
a.City Planting and Replacement
$2.51 I f.f. x N 0.00 = $0.00
=
b.lnspection and Replacement
$0.35 I f.f. x y 0.00 = $0.00
=
Police Impact Fee
POLICE FEE DEFER ED TO BUILDING PERMIT
434-1400-3-68??oo
100%
a.Residential-Low
$380.00 I unit Y $38,000.00
=
$588.00 I unit Y $0.00
$581.00 I k.s.f. y $0.00
=
$21.00 I k.s.f. Y $0.00
(3)
b.Residential-High
c.Commercial
d.lndustrial
COST SCHEDULE
$38,000.00
$38,000.00
Sewer Impact Fee
435-2600-3-671000
a.Residential-Low
$3,624.00 I unit
100%
Y $362,400.00
=
y $0.00
=
y $0.00
y $0.00
$362,400.00
$362,400.00
b. Residential-High
$2,589.00 I unit
c. Commercial/Industrial
$1,248.00 I cgpd
Country Estates Sewer Trunk Main
(Not Included)
Obata Industrial Park Credits
(Based on reimbursements due from oversized sewer facilities)
Obata Fee Credit $531.00 I acre
y
$0.00
Water Impact Fee
436-26~3-695ooo
a.Residential-Low
$1,679.00 I unit
100%
Y $167,900.00
=
y $0.00
=
y $0.00
=
$167,900.00
$167,900.00
b.Residential-High
$1,199.00 I unit
c.Commercial/lndustrial
$2,551.00 I kgpd
Obata Industrial Park Credits
(Based on reimbursements due from oversized water facilities)
Obata Fee Credit $154.00 I acre
$0.00
y
FIRE FEE DEFERED TO BUILDING PERMIT
Fire Impact Fee
437 -15~3-680000
100%
$9,100.00
$9,100.00
a.Residential-Low
$91.00 I unit
y
--$9,100.00
b.Residential-High
$108.00 I unit
y
$0.00
$0.00
$0.00
N $0.00
100% = $0.00
c.Commercial
$58.00 I k.s.f.
y
=
d.lndustrial
$8.00 I k.s.f.
y
=
Water User Fee (Construction)
720-0433-3-690000
$2.58 I f.f.
+
$168.14 I a.c.
COST SCHEDULE
(4)
Front Foot Charges:
(Used to charge and reimburse fees for existing infrastructure)
Water 801-0000-2-229015 $0.00
Water Mains, including fire hydrants, valves and box: 100% $0.00
(Developer is responsible for up to and including 1Z' mains)
Half Pipe Front Footage
6" Main $12.50 I fJ.x Y 0.00 = $0.00
8" Main $13.50 f.f.x Y 0.00 = $0.00
=
10" Main $15.00 fJ.x Y 0.00 = $0.00
=
12" Main $16.83 fJ. x Y 0.00 = $0.00
=
14" Main $18.87 fJ. x Y 0.00 $0.00
=
16" Main $21.42 f.f.x Y 0.00 $0.00
=
18" Main $24.99 fJ. x Y 0.00 $0.00
24" Main $31.11 f.f.x Y 0.00 = $0.00
30" Main $36.72 f.f. x Y 0.00 $0.00
=
36" Main $43.35 I f.f.x Y 0.00 $0.00
=
Country Estates Water System Y $0.00
(Not Included)
Sewer 801~2-229015 $0.00
Sewer Mains, including manhole: 100% $0.00
(Developer is responsible for up to and including 1 Z' mains)
Half Pipe Front Footage
6" Main $12.00 I fJ.x Y 0.00 = $0.00
8" Main $12.50 f.f.x Y 0.00 = $0.00
=
10" Main $14.00 fJ.x Y 0.00 = $0.00
=
1Z' Main $15.50 f.f.x Y 0.00 = $0.00
=
15" Main $19.38 f.f.x Y 0.00 $0.00
=
18" Main $23.97 f.f. x Y 0.00 $0.00
=
21" Main $28.05 f.f.x Y 0.00 = $0.00
=
24" Main $32.64 f.f.x Y 0.00 = $0.00
27" Main $36.21 f.f. x Y 0.00 $0.00
=
Country Estates Sewer Trunk Main Y $0.00
(Not Included)
COST SCHEDULE (5)
Street Improvements 801~2-229015 $0.00
100% $0.00
Pavement Square Footage
3" AC on 8" AB $2.52 x 0.00 $0.00
3" AC on 10" AB $2.83 x 0.00 = $0.00
3" AC on 12" AB $3.12 x 0.00 = $0.00
3" AC on 15" AB $3.58 x 0.00 = $0.00
Square Footage
Sidewalk 4" on 4" . $4.63 x 0.00 $0.00
and driveway
Front Footage
Curb/Gutter on 6" $15.03 x 0.00 = $0.00
Storm Drain 801~2-229015 $0.00
100% $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 $19.89 fJ.X Y 0.00 = $0.00
=
21" Main $21 .42 fJ.x y 0.00 = $0.00
=
24" Main $22.95 f.f.x y 0.00 = $0.00
=
27" Main $24.48 fJ.x y 0.00 $0.00
=
30" Main $26.01 fJ.x y 0.00 = $0.00
=
33" Main $27.54 f.f.x Y 0.00 '$0.00
=
36" Main $29.07 f.f.x Y 0.00 $0.00
42" Main $33.15 fJ. x y 0.00 = $0.00
48" Main $35.70 f.f.x Y 0.00 $0.00
54" Main $38.76 f.f.x Y 0.00 $0.00
=
60" Main $41.82 fJ. x y 0.00 = $0.00
66" Main $44.88 f.f.x y 0.00 $0.00
=
7'2:' Main $47.94 f.f.x y 0.00 $0.00
=
COST SCHEDULE (6)
78" Main $51.00 fJ.x y 0.00 = $0.00
=
84" Main $54.06 fJ. x Y 0.00 $0.00
90" Main $57.12 f.f.x Y 0.00 = $0.00
96" Main $60.18 / fJ. x Y 0.00 = $0.00
=
Southeast Quadrant Hydrology Study Y $0.00
(Not Included) =
Bonds and Securities 801~2-229015 $5,400,000
. Not included in TOTAL DUE (Estimated)
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. Site grading and reinspection charges including reinspection of backyard drainage will be billed at the
Engineering Division hourly rate in effect at the time of inspection.
Accepted by:
Date: