PIA No. 95-20 - Fortino, Albert
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Susanne E. Steinmetz
City of Gilroy
7351 Rosanna Street
r' 7Gi'roy, CA 95020
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Property Improvement Agreement
Albert Fortino
DOCUMENT TITLE
N 8 7 5 p~ GE 0 6 6 4
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. 95-20
This agreement made and entered into this 22n<tiayof May , 1995, by and between the City of
Gilroy, a municipal corporation, herein called the "City" and Albert Fortino , 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:
A Portion of APN 810-29-011
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.
NOW THEREFORE, in consideration of the 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:
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 City of Gilroy, the current Zoning
Ordinance, and the currently adopted Uniform Building Code.
1
~18 7 5 PA GE 0 6 65
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 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 City in order that its water, electricty, and/or
sewer lines in or to said real property may be extended.
c. To indemnify and hold the City harmless and free from all damage and liability done to any utility, public
facility 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 according to the grades, plans and specifications thereof, all as
approved by the City Engineer, and shall furnish two (2) good and sufficient bonds. One shall be executed
in the face amount of no less than $ 27.000.00 , and the other shall be executed in an amount no less than
50% of the above mentioned bond and shall secure payment to the contractor, his subcontractors and to
persons renting equipment or furnishing labor or materials to them for the improvement hereunder, and as
provided for in Section 4200-4210 of the Government Code of the State of California, the Codes,
Ordinances, Resolutions, and Regulations of the City, and this 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 bond for maintenance, 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.
2
N 8 7 5 PA GE 0 6 6 6
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.
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 the laws of the State of California 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 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 Director of Public Works.
1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilites.
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
3
~.~ 8 7 5 p~ GE 0 6 6 7
SECTION 9
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOT AL AMOUNT DUE CITY
$28.478.29
IN WITNESS WHEREOF, City has executed this agreement as of May 22, 1995
APPROVED AS TO FORM:
~t1.~
CITY ATTORNEY
Linda A. Callon
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. CITY CLERK
Susanne E. Steinmetz
ADMINISTRATOR
a Baksa
IN WITNESS WHEREOF Owner has executed this agreement as of
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OWNER
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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.
4
N87SPf'GE0668
S'l'l\TE OF Cl\LIFORNIl\
SS.
COUNTY OF SANTA CLl\RA
~. On C;/17~ j..:r , 199.1, before me,
~,4Nel J( tJA- fAev.e: , Notary Public, personally
appeared 4 /.-hQr I ~2, +, po ,v personally known to me
or 0 proved to me on the basis of satisfactory evidence to be the
person(s) whose name(~~are subscribed to the within
instrument and acknowledged to me th~)she/they executed the
same ~ler/their authorized capacity (ies), and that by
(~ler/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the
instrument.
hand and official seal.
,
JANET K. WALlACE ~
Comm. # 999526
NOTARY PUBLIC. CAUFaNA '"
Santa CJara Collll,y M
Mi comm. Exl*esJu!y 13.1997 J
N 8 7 5 PA GE 0669
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VICINITY SITE MAP
Portion of APN 810-29-011
Mesa Road
N 8 7 5 pr\ GE 0 6 7 0
DEFER PARK, POLICE & FIRE DEVELOPMENT FEES? Y
CITYOF GILROY
DEPARTMENT OF PUBLIC WORKS
DATE: 15-May-95 ENGINEERING DIVISION
FINAL COST SCHEDULE
NUMBER: 95-20 ALL PARK, POLICE & FIRE DEVELOPMENT FEES
HAVE BEEN DEFERED TO BUILDING PERMIT.
PROJECT LOCATION:
Mesa Road
PARCEL NUMBER:
810-29-011
OWNER/DEVELOPER:
AI Fortino
MAILING ADDRESS:
TELEPHONE NO:
P.O. Box V. Gilroy, Ca. 95021
x
PREPARED BY: M. Fachin
NOTE: This 100 % cost schedule has been adjusted to the rates in effect at the time building permits wer
issued. All Park, Police & Fire development impact fees have been defered and will be collected with the build in
permit fees.
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?
Commercial/Industrial Allocations:
Reimbursements and credits:
N Country Estates Water System?
N Country Estates Sewer System?
Acres:
0.605
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Lots:
4
o
o
o
o
o
o
Units:
4
o
Sq Ft:
Sewer GPO:
o
o
o
o
o
o
o
Water GPO:
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:
221.00 0.00 0.00 0.00
Special Public Works Services 100-2600-3-600400
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)
Construction Water FF:
0.00
$2,121.66
$2,121.66
100%
N
$0.00
$1,470.00
$0.00
=
Y
=
N
=
Y
$0.00
$0.00
=
Y
=
Y
$0.00
=
~~ 8 7 5 pn GE 0 6 7 r
Miscellaneous Engineering Services:
(Cost Schedules, Agreements, RIW Reviews and Other Misc. Services)
6 hr Misc Services $77.00 I hr. Y
$462.00
=
Public Works Microfilming (Maps and Plans):
1- 6 shts $149.94 + $6.62 I sheet
Y
$189.66
=
7-12 shts
$191.84 +
$6.62 I sheet
Y
$0.00
=
13-18 shts
$233.73 +
$6.62 I sheet
Y
$0.00
=
# of Shts
6
100%
$2,700.00
$2,700.00
Engring Plan Check and Inspection
(Based on total cost of public
right-of-way improvements)
2 hr Site grading
100-2600-3-600412
Actual Cost of Public Improvements
N
=
$27,000
Y
=
Y
=
Y
=
$27,000
$0.00
$77.00 I hr.
10% of first
$100,000
$2,700.00
$0.00
$0.00
8% of $100,000 -
$200,000
$200,000
7% over
Offsite Improvements to be Bonded
Park Impact Fee
PARK FEE DEFERED TO BUILDING PERMIT
410-2400-3-629000 $27,544.00
100% $27,544.00
a. Residential-Low
$6,886.00 I unit
Y
$27,544.00
=
$0.00
b.Residential-High
$4,918.00 I unit
Y
=
d.lndustrial
$751.00 I acre
100%
Y $202.07
=
Y $0.00
=
Y $0.00
=
Y $0.00
=
Y $0.00
=
Y $0.00
=
$202.07
$202.07
Storm Drain Impact Fee
420-2600-3-680200
a. Residential-Low
$334.00 I acre
b.Residential-High
$501.00 I acre
c.Commercial
$668.00 I acre
e.Assembly Hall
$334.00 I acre
Obata Industrial Park Credits
(Based on reimbursements due from oversized storm facilities)
Obata Fee Credit $1,170.00 I acre
COST SCHEDULE
(2)
Utility Underground Fee
$118.36 / f.f. x
i:.i I
Street Tree Fee
a.City Planting and Replacement
$2.45 / f.f. x
b.lnspection and Replacement
$0.34 / f.f. x
Traffic Impact Fee
a. Residential-Low
b.Residential-High
c.Commercial-Low Traffic
(<= 4 trips/1000 sf)
d.Commercial-High Traffic
(> 4 trips/1 000 sf)
e.1 ndustrial-General
f.1 ndustrial-Warehouse
Police Impact Fee
a.Residential-Low
b.Residential-High
c.Commercial
d.lndustrial
COST SCHEDULE
N 8 1 5 pn GE 0 672
431-2600-3-680300 $0.00
100% $0.00
Front Footage
N 0.00
=
432-2400-3-625000 $75.14
100% $75.14
Front Footage
N 0.00 = $0.00
=
y 221.00 = $75.14
=
433-2600-3-681000 $10,968.00
100% $10,968.00
$2,742.00 / unit Y $10,968.00
=
$2,222.00 / unit Y $0.00
=
$3,032.00 / k.s.f. Y $0.00
=
$6,127.00 / k.s.f. Y $0.00
=
$1,184.00 / k.s.f. Y $0.00
=
$872.00 / k.s.f. y $0.00
=
POLICE FEE DEFERED TO BUILDING PERMIT
434-1400-3-680000 $1,436.00
100% $1,436.00
$359.00 / unit Y $1 ,436.00
=
$529.00 / unit y $0.00
=
$561.00 / k.s.f. y $0.00
=
$18.00 / k.s.f. y $0.00
=
(3)
N 87 5 PA GE 0 6 7 3
b.Residential-High
435-2600-3-671000
100% _..- ---...
$2,727.00 I unit Y $10,908.00
=
$1,948.00 I unit Y $0.00
=
100 gals.lday Y $0.00
=
y $0.00
=
$10,908.00
$10,908.00-.....
Sewer Impact Fee
a.Residential-Low
c. Commercial/I ndustrial
$950.00 I
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
$0.00
y
=
Water Impact Fee
436-2600-3-695000
$6,212.00
$6,212.00
c. Commercial/Industrial
$2,360.00 I
100%
$1,553.00 I unit Y $6,212.00
=
$1,109.00 I unit Y $0.00
=
1,000 gals.lday Y $0.00
=
a.Residential-Low
b.Residential-High
Obata Industrial Park Credits
(Based on reimbursements due from oversized water facilities)
Obata Fee Credit $154.00 I acre
y
$0.00
=
Fire Impact Fee
FIRE FEE DEFERED TO BUILDING PERMIT
437-1500-3-680000 $316.00
100% $316.00
$2.58 I f.f.
$79.00 I unit Y $316.00
=
$105.00 I unit Y $0.00
=
$70.00 I k.s.f. Y $0.00
=
$9.00 I k.s.f. Y $0.00
=
720-0433-3-690000 Y $101.72
100% = $101.72
+ $168.14 I a.c.
(4)
a.Residential-Low
b.Residential-High
c.Commercial
d.lndustrial
Water User Fee (Construction)
COST SCHEDULE
N 8:7 5 p~ GE 0 6 7 4
78" Main $49.00 / f.f.x N 0.00 = $0.00
=
84" Main $52.00 / f.f. x N 0.00 = $0.00
=
90" Main $55.00 / f.f. x N 0.00 = $0.00
=
96" Main $58.00 / f.f.x N 0.00 = $0.00
=
Bonds and Securities
* Not included in TOTAL DUE
801-0000-2-229015
*
$40,500
(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 underestimate
fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the
difference.
Accepted by:
~ c-:f;~
Date:
5-
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COST SCHEDULE
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