PIA No. 99-32 - Eagle Ridge Development Company
"'r
DOCUMENT: 15010825 Titles: 1 1 Pages: 22
. , RECORDING REQUESTED BY:
Fees. . .
Taxes. . .
Cop i es. .
AMT PAID
City of Gilroy
WHEN RECORDED, MAIL TO:
Rhonda S. Pellin
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
70.00
70.00
RDE ** 102/015
10107/1999
11: 27 AM
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 99-32
Tract 9155, Phase IlIA, Eagle Ridge
AP.N.s 810-41-003,810-44-003,004,005 (portion of), & 007
Eagle Ridge Development Company, LLC
Property Improvement Agreement - Residential
DOCUMENT TITLE
1
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 APPROVAL
No. 99-32
-.\-"-
This agreement is made and entered into this~O day of~1999, 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 survey or building permit (Site Clearance)
application has now been submitted to the City for approval and acceptance, covering certain real estate
known as and called:
Tract No. 9155. Phase IlIA Eagle Ridge. AP.N.s 810-41-003. 810-44-003. 004, 005
(portion of). & 007 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,
RECITALS
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:
2
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, Rules 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 Hundred Seventy-One
Thousand Dollars ($371.000.00), 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. 8965, 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
3
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 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
4
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.
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. 8965, Eagle Ridge, as well as other work and obligations to be performed in connection with
subsequent phases of the Master Project. 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.
5
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.
SECTION 9
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOTAL AMOUNT DUE CITY
$674.108.97
IN WITNESS WHEREOF, City has executed this agreement as of q -;;2 ,- 9 'i
~
- 9~
CITY CLERK
Rhonda S. Pellin
APPROVED AS TO FORM:
d~{i.~
CITY ATTORNEY
Linda A. Callon
IN WITNESS WHEREOF Owner has e
CITY OF GILROY
.1
CJ
DATE
NOTE: If Developer is a corporation, the complete legal name and corporate seal ofthe corporation
and the corporate titles of the persons signing for the corporation shall appear above.
6
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On September 21, 1999, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa
personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
~~.
Signature of Notary Public
J - - - - - ~H?~;A ;~N - -l
. @ CommISSion # 1142623
i . ~ Notcry Public - California ~.
j Santo Ciao County 1
_ ~ __ ~,""~~~~~J~l:~l .
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On~ before me, ~\~OA A. ~~u\(etJ) NOTA R'( -:rv.g'-I'~
personally appeared 'J)a V)", of , W . \-tOe. V\ C1) v \(
personally known to me Eer pnwed t9 W~ on d18 basis 9f satisfaGtg~' i:l':iEleHeej to be the person~ whose
name~) is~ subscribed to the within instrument and acknowledged to me that hehke/-tkey executed the same in
his/her/their authorized capacity~), and that by his/her,'thGfr signatureEst on the instrument the personE81 or the
entity upon behalf of which the person~ acted, executed the instrument.
WITNESS my hand and official seal.
Signat~.6 2(1 .r.;;~
(
per GC Sec. 40814; CC Sec. 1181
LINDA A. FLU KEN
Commission # 1159356 z
Notary Public - California ~
Sat1ta Claro County
Wry Comm. Explres Oct 23, 2001
7
STIPULATION SHEET
Tract 9155
(Phase IlIA)
Improvement Agreement No. 99-32
The following are stipulations to Improvement Agreement No. 99-32 for Tract 9155:
1) The Developer is responsible for completing all improvements for Tract 9155 as shown on
the plan by Ruggeri-Jensen-Azar & Associates (Phase IlIA).
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 shall be 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
approval 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 ofthe "Eagle Ridge California Tiger
Salamander Plan" prepared by LSA, dated August 8, 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 shall include the Homeowners Association's responsibility for the Plan
implementation. (Phase I and subsequent phases)
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 and subsequent phases)
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
installing, 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 Valley/Highway 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 a Final Map for Phase Ill, the developer will pay the costs of Master
Planning and construction the Class I Trail segment as shown in the approved Planned
Development documents, according to the City" 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 tow 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 project. The south side Class I Trail connection will be a
future City improvement (complete with Phase III).)
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 Safe Route to School Plan for Phase I and
Phase lIa 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 was not 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 and 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 Homeowner's 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 ofthe 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 Rd./Santa Teresa Blvd.
(Phase I and subsequent phases)
16) The developer shall be responsible for the storm water system maintenance as part of the
SWPPP, previously prepared as part of Phase I, until the golf course operation plan is in
effect. (subsequent phases)
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) The developer is eligible for reimbursement for the non-City reimbursed cost of installation
(or a portion thereof) of the sanitary sewer, potable water lines and pressure systems which
either front, serve 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. (Phase I and subsequent phases)
23) 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. 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)
24) The developer shall be reimbursed by the City for improvements which are part of the Traffic
Impact Fund (TIP) and identified in this Stipulation. The reimbursement will be based on
construction costs of the agreed upon TIP related items, and will not exceed the dollar
amount of the TIP budget for those items. Said reimbursement will be paid upon completion
of the improvements and submittal of the itemized reimbursement by the developer to the
City, For Phase IIIB, this paragraph applies to the following improvements: none. Future
Phases may have other TIP-related improvements, which will be identified at that time
(Phase I and subsequent phases).
Accepted by:
EAGLE RIDGE DEVELOPMENT COMPANY, LLC
BY:
TNER
BY: SHAPELL INDUSTRIES, INe., MANAGING
DATE:
<6 - \ \ -l\ q
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On 8'-11..q~ before me, k\NOA Pr. J:: ~UKe~, N6IA-~Y PLABl-olO
personally appeared -::t:b. V) ,.e.\ LV. rTllJ"C-OC.,,'\::..
personally known to me tef prguiEi tg W'" nn thp haiii gf satisfnetsf)' ~,iaeflee) to be the person~whose
name~) i~ subscribed to the within instrument and acknowledged to me that he/s.ke'!-the.y executed the same in
hisfRQF./-tk~if authorized capacity~, and that by his/keF/tkeir signature~ on the instrument the personfat or the
entity upon behalf of which the person~ acted, executed the instrument.
WITNESS my hand and official seal.
LINDA A. FLU KEN
{ii Commission # 1159356
~ -tit. Notary PUblic - California ~
Santa Clara County
My Comm. Expires Oct 23, 2001
c. 40814; CC Sec. 1181
7
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: 23-Jul-99 ENGINEERING DIVISION
FINAL CHARGES
NUMBER: 99-32 ALL PARK, POLICE & FIRE DEVELOPMENT FEES
HAVE BEEN DEFERED TO BUILDING PERMIT.
PROJECT LOCATION: Tract No. 9155, Phase 3A, Eagle Ridge
PARCEL NUMBER:
A.P.N. 810-41-003, 810-44-003,004,005(portion of) & 007
OWNERIDEVELOPER:
Eagle Ridge Development Company, LLC
MAILING ADDRESS:
P.O. Box391169, 100 Milpitas Blvd., Milpitas, Ca. 95035
TELEPHONE NO:
408-946-1550, 400-946-4657(fax)
PREPARED BY:
Mark Fachin
Account No. Key Code Fee: Credits: Amount Due: Account Description:
100-2601-0000-3625 4004 $7,458.18 $0.00 $7,458.18 Special Public Works Serv
100-2601-<XXX>-3605 4702 $72,109.93 $0.00 $72,109.93 Engring Plan Check & Insp
410-26CJO..Q()()().. ~ $435,986.00 DEFERED TO BLDG PERMIT Park Development Fee
420-26CJO..Q()()().. 4501 $5,550.86 $0.00 $5,550.86 Storm Development Fee
431-26CJO..Q()()().. 5001 $0.00 $0.00 $0.00 Utility Undergrounding Fee
432-26CJO..Q()()().. 33:>1 $0.00 $0.00 $0.00 Str Tree Development Fee
433-26CJO..Q()()().. 4905 $195,460.00 $0.00 $195,460.00 Traffic Impact Fee
434-26CJO..Q()()().. 4402 $74,994.00 DEFERED TO BLDG PERMIT Police Development Fee
435-26CJO..Q()()().. 4509 $290,058.00 $0.00 $290,058.00 Sewer Development Fee
436-26CJO..Q()()().. 4510 $103,472.00 $0.00 $103,472.00 Water Development Fee
437 -26CJO..Q()()().. 4511 $5,162.00 DEFERED TO BLDG PERMIT Fire Development Fee
438-26CJO..Q()()().. 4512 NOT APPLICABLE Public Facilities Impact Fee
720-0433-000O-36 2202 $0.00 $0.00 $0.00 Const Water Use Fee
801-2601-PWD0-3899 4703 $0.00 $0.00 $0.00 Reimbursements
801-2601-PWD0-3899 4703 $0.00 $0.00 $0.00 XXXX>
801-2601-PWDO-3899 4703 $0.00 $0.00 $0.00 XXXX>
801-2601-PWDO-3899 4703 $0.00 $0.00 $0.00 XXXX>
Totals............... . $1,19:>,250.97 $0.00 $674,108.97
Bonds and Securities $556,500
-----------
-----------
SERVICE CHARGES (1 )
DATE:
CITY OF GILROY
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
FINAL COST SCHEDULE
ALL PARK, POLICE & FIRE DEVELOPMENT FEES
HAVE BEEN DEFERED TO BUILDING PERMIT.
PROJECT LOCATION: Tract No. 9155, Phase3A, Eagle Ridge
PARCEL NUMBER: A.P.N. 810-41-003, 810-44-003,004,OO5(portion of) & 007
OWNER/DEVELOPER: Eagle Ridge Development Company, LLC
MAILING ADDRESS: P.O. Box391169, 100 Milpitas Blvd., Milpitas, Ca. 95035
TELEPHONE NO: 408-946-1550, 400-946-4657(fax)
PREPARED BY: Mark Fachin
DEFER PARK, POLICE & FIRE DEVELi 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?
23-Jul-99
NUMBER:
99-32
12.790
0.000
0.000
0.000
0.000
0.000
0.000
0.000
68
o
o
o
o
o
o
Units:
58
o
Sq Ft:
Acres:
Lots:
o
o
o
o
o
o
Commercialllndustrial Allocations:
Sewer GPD:
Water GPD:
o
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%
$7,458.18
$7,458.18
Special Public Works Services
100-2601-0000-3625
Maps:
Final
$3,025.00 +
$50.00
lot
Y
$6,425.00
Parcel $1,070.00 + $100.00
Reapportionment (Assessment District Parcels)
$1,767.00 + $100.00
lot
N
$0.00
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
COST SCHEDULE
(1 )
Miscellaneous Engineering Services:
(Cost Schedules, Agreements, RIW Reviews and Other Misc. Services)
10 hr Misc Services $77.00 / hr.
y
$770.00
Public Works Microfilming (Maps and Plans):
1- 6 shts $152.94 + $6.75 sheet Y $0.00
7-12shts $195.68 + $6.75 sheet y $263.18
=
13-18 shts $238.40 + $6.75 sheet y $0.00
# of Shts 10
Engring Plan Check and Inspection
(Based on total cost of public
right-of-way improvements)
~ hr Site grading and
reinspection charges
Actual Cost of Public Improvements
10% of first
8% of $100,000 -
7% over
Offsite Improvements to be Bonded
Park Impact Fee
a. Residential-Low
b.Residential-High
Storm Drain Impact Fee
a. Residential-Low
b. Residential-High
c.Commercial
d.lndustrial
e.Assembly Hall
100-2601-<XXX>-3605 $72,109.93
100% $72,109.93
$77.00 / hr. N $0.00
$972,999
$100,000 y $10,000.00
=
$200,000 y $8,000.00
$200,000 y $54,109.93
$371 ,000
PARK FEE DEFERED TO BUILDING PERMIT
410-2600-000O-366O $435,986.00
100% $435,986.00
$7,517.00 / unit y $435,986.00
$5,369.00 / unit y $0.00
420-2600-000O-366O $5,550.86
100% $5,550.86
$434.00 acre y $5,550.86
=
$650.00 acre y $0.00
=
$867.00 acre y $0.00
$976.00 acre y $0.00
$434.00 acre y $0.00
Obata Industrial Park Credits
(Based on reimbursements due from oversized storm facilities)
Obata Fee Credit $1,170.00 / acre
COST SCHEDULE
y
$0.00
=
(2)
100%
$0.00
$0.00
Utility-Underground Fee
431-2600-000O-3660
Front Footage
$126.09 I fJ. x
NE
0.00
=
Street Tree Fee 432-26CJO..Q()()().. $0.00
100% $0.00
Front Footage
a.City Planting and Replacement
$2.56 I fJ.x N 0.00 = $0.00
b.lnspection and Replacement
$0.36 I fJ.x y 0.00 = $0.00
Traffic Impact Fee 433-2600-000O-366O $195,460.00
100% $195,460.00
a.Residential-Low $3,370.00 I unit y $195,460.00
=
b.Residential-High $2,732.00 I unit y $0.00
c.Commercial-Low Traffic
(<= 4 trips/1 000 sf) $3,727.00 I k.sJ. y $0.00
d.Commercial-High Traffic
(> 4 tripsl1000 sf) $7,531.00 I k.sJ. y $0.00
e.lndustrial-General $1,455.00 I k.sJ. y $0.00
f.lndustrial-Warehouse $1,072.00 I k.sJ. Y $0.00
Police Impact Fee
POLICE FEE DEFER ED TO BUILDING PERMIT
434-2600-000O-366O
$74,994.00
$74,994.00
c.Commercial
100%
$1,293.00 I unit y $74,994.00
$1,940.00 I unit y $0.00
$1,900.00 I k.sJ. y $0.00
=
$72.00 I k.sJ. y $0.00
(3)
a.Residential-Low
b.Residential-High
d.lndustrial
COST SCHEDULE
Country Estates Sewer Trunk Main
(Not Included)
435-2600-000O-366O
100%
$5,001 .00 unit y $290,058.00
$3,573.00 unit y $0.00
$1,723.00 cgpd y $0.00
y $0.00
=
$290,058.00
$290,058.00
Sewer Impact Fee
. a.Residential-Low
b.Residential-High
c. Commercial/Industrial
Obata Industrial Park Credits
(Based on reimbursements due from oversized sewer facilities)
Obata Fee Credit $531.00 / acre
y
$0.00
Water Impact Fee 436-2600-000O-366O
100%
a. Residential-Low $1,784.00 unit y $103,472.00
b. Residential-High $1,274.00 unit y $0.00
c.Commercialllndustrial $2,711 .00 kgpd Y $0.00
=
$103,472.00
$103,472.00
Obata Industrial Park Credits
(Based on reimbursements due from oversized water facilities)
Obata Fee Credit $154.00 / acre
y
$0.00
Fire Impact Fee 437-2600-000O-366O
100%
a. Residential-Low $89.00 unit y $5,162.00
=
b. Residential-High $128.00 unit y $0.00
c.Commercial $79.00 k.sJ. y $0.00
d.lndustrial $10.00 k.sJ. y $0.00
Public Facilities Impact Fee 438-2600-000O-366O
100%
a. Residential $749.00 unit y $43,442.00
b.Commercial $207.00 k.sJ. Y $0.00
c.lndustrial-General $193.00 k.sJ. y $0.00
d.lndustrial-Warehouse $145.00 k.sJ. y $0.00
Water User Fee (Construction) 720-0433-000O-36 N
100%
$2.58 / fJ. + $168.14 / a.c.
COST SCHEDULE (4)
$5,162.00
$5,162.00
$43,442.00
$43,442.00
$0.00
$0.00
Front Foot Charges:
(Used to charge and reimburse fees for existing infrastructure)
Water 801-2601-PWD0-3899 $0.00
Water Mains, including fire hydrants, valves and box: 100% $0.00
(Developer is responsible for up to and including 12" mains)
Half Pipe Front Footage
6' Main $12.50 / fJ. x N 0.00 $0.00
8" Main $13.50 fJ.x N 0.00 $0.00
1a' Main $15.00 fJ.X N 0.00 = $0.00
=
12" Main $16.50 fJ.x N 0.00 $0.00
=
14" Main $18.50 fJ.x N 0.00 $0.00
16' Main $21 .00 fJ.x N 0.00 $0.00
18" Main $25.00 fJ.x N 0.00 $0.00
24" Main $31 .50 fJ.x N 0.00 = $0.00
:J:1' Main $37.00 fJ.x N 0.00 $0.00
36' Main $43.50 I fJ. x N 0.00 $0.00
Country Estates Water System y $0.00
(Not Included)
Sewer 801-2601-PWDO-3899 $0.00
Sewer Mains, including manhole: 100% $0.00
(Developer is responsible for up to and including 12" mains)
Half Pipe Front Footage
6' Main $12.00 fJ. x N 0.00 $0.00
8" Main $12.50 fJ.x N 0.00 $0.00
1a' Main $14.00 fJ. x N 0.00 $0.00
1Z' Main $15.50 f.f.x N 0.00 $0.00
15" Main $19.00 fJ.x N 0.00 $0.00
=
18" Main $24.00 fJ.x N 0.00 $0.00
21" Main $28.50 fJ.x N 0.00 $0.00
24" Main $33.00 fJ.x N 0.00 = $0.00
27" Main $36.50 / fJ.X N 0.00 $0.00
Country Estates Sewer Trunk Main
(Not Included)
y
$0.00
COST SCHEDULE
(5)
Street Improvements 801-2601-PWD0-3899 $0.00
100% $0.00
Pavement Square Footage
3" AC on 8" AB $2.57 x 0.00 $0.00
3" AC on 1a' AB $2.89 x 0.00 $0.00
3" AC on 12" AB $3.18 x 0.00 $0.00
3" AC on 15" AB $3.65 x 0.00 = $0.00
Square Footage
Sidewalk 4" on 4" $4.72 x 0.00 $0.00
and driveway
Front Footage
Curb/Gutter on 6' $15.33 x 0.00 $0.00
Storm Drain 801-2601-PWD0-3899 $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 $20.00 fJ.x N 0.00 $0.00
21" Main $22.00 fJ.x N 0.00 $0.00
24' Main $23.50 fJ.x N 0.00 = $0.00
27" Main $25.00 fJ.x N 0.00 = $0.00
:J:1' Main $26.50 fJ. x N 0.00 = $0.00
33" Main $28.00 fJ.x N 0.00 $0.00
36' Main $29.50 fJ.X N 0.00 $0.00
4Z' Main $33.00 fJ.x N 0.00 $0.00
=
48" Main $36.50 fJ.x N 0.00 $0.00
54" Main $39.50 fJ. x N 0.00 $0.00
00' Main $43.00 fJ.x N 0.00 $0.00
66' Main $46.00 fJ.x N 0.00 $0.00
7Z' Main $49.00 fJ.x N 0.00 = $0.00
COST SCHEDULE
(6)
78" Main $52.00 fJ. x N 0.00 $0.00
84" Main $55.00 fJ.x N 0.00 $0.00
=
90" Main $58.00 fJ.X N 0.00 $0.00
96" Main $61 .00 I fJ.X N 0.00 $0.00
Southeast Quadrant Hydrology Study y $0.00
(Not Included) =
Bonds and Securities 801-2601-PWD0-3899 $556,500
. 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:
~ - ll::.9 ct
Date:
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VICINITY SITE MAP
Tract 9155, Phase IlIA, Eagle Ridge
Eagle Ridge Development Company, LLC
Exhibit "A"
s......
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