PIA No. 2009-1 - Gilroy Unified School District
DOCUMENT: 20329880
RECORDING REQUESTED BY:
~ U I In 11IIII11 ~ ~
Fees... * No Fees
Taxes. .
Copies.
AMT PAID
City of Gilroy
Pages: 27
WHEN RECORDED MAIL TO:
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE ** 014
7/08/2009
2:58 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
RECORD WITHOUT FEE PURSUANT TO SECTION 6103
GOVERNMENT CODE OF STATE OF CALIFORNIA
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Property Improvement Agreement No. 2009-1
Christopher High School
APN: 783-16-020
Gilroy Unified School District
-1-
Property Improvement Agreement No. 2008-01
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS,
IMPROVEMENT OF STREETS, INST ALLA TION OF SEWERS, STORM DRAINS
AND OTHER PUBLIC WORKS FACILITIES
No. 2009-1
This agreement is made and entered into this 8th day of June 2009, by and between the City of
Gilroy, a California municipal corporation, herein called the "City" and Gilroy Unified School
District, herein called the "District".
WHEREAS, a final map of subdivision, record of surveyor building permit application has now
been submitted to the City for approval and acceptance, covering certain real estate known as:
APN 783-16-020, which real estate is further described in Exhibit "A", attached hereto
("Property"); and
WHEREAS, District is currently constructing and/or intends to construct a new high school on
the Property as well as related offsite improvements ("Project"); and
WHEREAS, District submitted plans and specifications (produced by Carroll Engineering, Inc.,
dated November 5, 2008 as revised April 10, 2009) ("Plans"), which Plans describe certain
utilities and public works facilities, including a bridge over Lions Creek ("Bridge") required to
service the Property under the minimum standards established by the City; and
WHEREAS, the Bridge will be located on property owned by the Santa Clara Valley Water
District ("Water District") and shall at all times be subject to a Joint Use Agreement by and
between the City and the Water District, (the "JUA"), an unexecuted copy of which is attached
hereto as Exhibit "B"; 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 utilities and
public service facilities after their acceptance by City, including but not limited to providing the
necessary connecting system, general plant and appurtenances, and the City has agreed to
discharge those responsibilities on the condition that the District has faithfully and fully
complied with all of the terms, covenants and conditions to be performed by District pursuant to
this agreement.
NOW THEREFORE, in consideration of the foregoing and in order to carryon the intent and
purpose of the aforesaid codes, ordinances, resolutions and regulations, it is agreed by and
between the parties as follows:
SECTION 1
All codes, ordinances, resolutions, rules, 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 ("Applicable Laws") are hereby referred to and incorporated herein to the same
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effect as if they were set out at length herein. Said Applicable Laws 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
District shall:
a. Perform each and every provision required under this agreement in accordance with the
Applicable Laws.
b. Grant to the City without charge, free and clear of encumbrances, any easements and rights
of way in and to the Property as necessary for the City to extend its water, electricity, and/or
sewer lines in or to the Property.
c. Indemnify, defend with counsel acceptable to City 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
related to the Project which the District or any contractor or subcontractor of the District, or
any employee of the foregoing, shall do in grading or working upon said Project; or (ii)
arising or resulting directly or indirectly from any act or omission of District or District'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 real or personal property.
d. Construct the Improvements in accordance with all standards established in the Applicable
Laws and this Agreement, and in accordance with the grades, plans, and specifications
approved by the City Engineer. District shall furnish two good and sufficient bonds, a
Payment Bond on a form provided by the City and a Faithful Performance Bond, both of
which shall be secured from a surety company admitted to do business in California. 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 Faithful Performance Bond shall be in an amount not less than one hundred percent
(100%) of the total estimated amount payable for the Improvements and shall secure
payment to City and the District for any loss due to the default of the contractor or its
inability or refusal to perform its contract. The performance bond shall by its terms remain
in full force and effect for a period of not less than one year after completion of the
Improvements by District and acceptance of the Improvements by City, to guarantee the
repair and replacement of defective material and faulty workmanship. Upon completion of
the Improvements by District and acceptance of the Improvements by City, District may
substitute for the performance bond securing maintenance described above, a separate
maintenance bond issued by an admitted surety in the amount of ten percent (10%) of the
total contract price of the Improvements (provided that the amount of said bond shall not be
less than One Thousand Dollars ($1,000)) to cover the one-year maintenance period.
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The Payment Bond shall be in an amount not less than one hundred percent (100%) of the
total estimated amount payable for the Improvements. The Payment Bond shall secure the
payment of those persons or entities to whom the District may become legally indebted for
labor, materials, tools, equipment or services of any kind used or employed by the contractor
or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The
Payment Bond shall provide that the surety will pay the following amounts should the
Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be
fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons
named in California Civil Code Section 3181; (2) amounts due under the Unemployment
Insurance Code with respect to work or labor performed for the Improvements; and (3) any
amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the Contractor and Subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to the work and labor.
The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in
Civil Code Section 3181 so as to give a right of action to those persons or their assigns in
any suit brought upon the bond.
The District shall submit the following with reference to both the surety that furnishes the
Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current
printout from the California Department of Insurance's web site (www.insurance.ca.gov)
showing that the surety is admitted to do business in the State; or (2) a certificate from the
Clerk of the County of Santa Clara that the surety's certificate of authority has not been
surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that
renewed authority has been granted.
e. Pay to the City all sums, as set forth in Section 14 hereof, due under the terms and
provisions of this agreement, prior to issuance of a certificate of occupancy for the school.
f. The District may self insure its activities in connection with this Agreement, or at its sole
cost and expense, shall insure its activities in connection with this Agreement and obtain,
keep in force and maintain (i) Comprehensive General Liability Insurance and Property
Damage insurance with limit of $1,000,000 (1 million) per occurrence, combined with
single limit for bodily injury and property damage; and (ii) workers' compensation insurance
as required by law. 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 (i) above shall name City as an additional insured and the insurance
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 District
or District's contractors or subcontractors or their respective employees. District hereby
waives, and District 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 District 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, District shall
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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
Except as otherwise expressly provided in this agreement, all sums shown herein to be payable
by the District to the City are due and payable to the City upon the execution of this agreement.
SECTION 4
All Improvements are to be completed to City's satisfaction prior to occupancy of Christopher
High School. District shall maintain such Improvements described in this agreement (and the
premises upon which they are located) at District'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. Bridge Improvements, and the premises upon which the Bridge is situated (the
"Bridge Premises") shall be secured by adequate fencing in order to protect the Bridge Premises
from entry by unauthorized personnel prior to acceptance by the City. District shall also install
adequate signage to ensure that the public is aware that entry onto the Bridge Premises is
prohibited during such period of District control. District shall also be responsible for removal
of any garbage on the Premises and any graffiti on the Bridge improvements during the time that
District controls the Bridge Premises.
SECTION 5
District shall construct the Bridge according to the schedule set forth in the attached Exhibit
"C". During construction of the Bridge, District shall meet and confer with City and/or or the
Santa Clara Valley Water District ("Water District") at any reasonable time at the request of
either City or the Water District in order to discuss progress in Bridge construction, any delays
thereto and outstanding items necessary for City to accept dedication of the Bridge. City and/or
District may request a revised schedule for Bridge construction if it appears that such
construction will not be complete by October 1, 2009. In no event shall completion of Bridge
construction be delayed beyond December 31, 2009 without the express written consent of the
City.
Notwithstanding anything to the contrary set forth in Section 4, City shall have the right to
require the District, at District's sole cost and expense, to remove, modify or repair any or all of
said Bridge Improvements prior to their dedication to, and acceptance by, the City in the event
that the Water District requires the same under the terms and conditions of the JUA. If District
does not so remove, modify or repair the Bridge Improvements in a timely manner, City may
undertake (or allow a third party, including the Water District, to undertake) such removal,
modification or repair and thereafter provide District with an invoice or invoices reflecting all
costs therefor incurred by City.
If City is required to undertake removal, modification, removal or repair to any improvements on
the Bridge Premises, City may, in its discretion, take full or partial control of the upon no fewer
than forty-eight (48) hours notice to the District. In the event City must remove any or all of
such improvements, City may retain or dispose of any or all of said improvements in its full and
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complete discretion. District shall also be responsible for the costs of disposal or storage of any
and all materials it is required to remove from the Bridge Premises.
City shall provide District with an invoice or invoices reflecting all costs incurred by City in
removal, modification, repair, disposal and/or storage of improvements on the Bridge Premises
or other material left on the Bridge Premises by District during construction. District shall
reimburse City for all such costs within thirty (30) days of receiving said invoice(s).
SECTION 6
The Exhibits and any other attachments hereto are hereby incorporated herein and expressly
made a part of this agreement.
SECTION 7
The faithful and prompt performance by the District 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 District 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, under applicable
laws, including the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the
event of any such default by Developer.
SECTION 8
This agreement, together with the attached stipulations, is an instrument affecting the title or
possession of the Property. All the terms, covenants and conditions herein imposed shall be
binding upon and inure to the benefit of City, District and the successors in interest of District.
Upon the sale or division of the Property, the terms of this agreement shall apply separately to
each parcel and the owner of each parcel shall succeed to the obligations imposed on District by
this agreement.
SECTION 9
The following General Stipulations and the attached stipulations shall be completed subject to
the approval of the City Engineer:
1. District shall 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. District shall schedule the construction of those Improvements located along existing public
roads so that the work affecting vehicular traffic is completed with minimum interruption to
traffic.
3. All work within the public right-of-way shall be subject to the approval of the City
Engineer.
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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.
5. District shall complete all work in accordance with approved improvement plans. Any
changes are subject to approval of the City Engineer.
6. The District will increase the amount of the bonds if the scope of the Improvements
mcreases.
7. Prior to occupancy of the school, District shall enter into a fee deferral agreement with the
City of Gilroy for the Phase II fees.
SECTION 10
The District shall pay all required fees for the Property's water and sewer allocations prior to
issuance of a certificate of occupancy for the school.
SECTION 11
The District shall reimburse City for all costs related to acquiring the right of way necessary for
construction of the Improvements, including costs of acquisition as well as reasonable
engineering costs and attorneys' fees. District shall pay such reimbursement to City within thirty
days (30) of City's issuance of a written invoice therefor.
SECTION 12
In addition to any other indemnities set forth herein, the District shall assume the defense of, and
indemnify and save harmless, the City, its officers, agents and employees, from:
(1) every expense, liability or payment by reason of injury "including death" to persons or
damage to personal or real property suffered through any act or omission, including
passive negligence or active negligence, or both, of the District, its employees, agents,
contractors, sub-contractors, or anyone directly or indirectly employed by either of them,
or arising in any way from the work called for by this agreement.
(2) any and all claims, damages, losses, judgments, liabilities, expenses and other costs,
including, without limitation, litigation costs and attorney's fees (incurred by City and/or
other parties involved in related legal proceedings), arising out of, resulting from, or in
any way connected to the following conditions:
(a) Any violation or claim of violation of any law, rule or regulation (including,
but not limited to, laws, rules or regulations relating to payment of prevailing
wage) applicable to any portion or aspect of the Project. District's obligation
to defend, indemnify and hold the City of Gilroy harmless specifically
includes, but is not limited to, any suit or administrative action against the
City of Gilroy which claims a violation of any prevailing wage law, rule or
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regulation applicable to any portion or aspect of the Project for which the
permit has been issued;
(b) all of City's costs, fees, and damages incurred 10 enforcing the
indemnification provisions of this Agreement.
The District's obligations to defend, indemnify and hold the City harmless as set forth herein,
shall include, but shall not be limited to, staff time, copying costs, court costs, the costs of any
judgments or awards against the City for damages, losses, litigation costs, and/or attorney fees
arising out of any violation or claim of violation of any law, rule or regulation applicable to any
portion or aspect of the Project and costs of any settlement representing damages, litigation costs
and attorney's fees to be paid to other parties arising out of any such proceeding.
The provisions of this Section 12 shall not be deemed to require the District to Indemnify the
City against the liability for damage to the extent arising from the sole or active negligence or
willful misconduct of the City of its agents, servants or independent contractors who are directly
responsible to the City.
The provisions of this Section 12 shall survive the expiration or termination of this Improvement
Agreement.
SECTION 13
City hereby agrees to, and shall hold, District and its elected and appointed representatives,
officers, agents and employees harmless from any liability for damage or claims for damage for
personal injury, including death, as well as from claims for property damage (collectively
"Damages") to the extent that such Damages arise from City's negligence or willful misconduct
pursuant to this Agreement. The provisions of this section shall survive the expiration or
termination of this Agreement.
SECTION 14
The parties agree that the Development Cost Schedule, attached hereto as Exhibit "D", sets forth
an estimate of the costs of engineering, plan check, inspection, impact and any other
development-related fees (including, where applicable, hourly rates) for the Project, based on
current city fees and developer's engineering cost estimate. Any fees due to City at execution of
this Agreement shall be those set forth in Exhibit "D". Any deferred and/or estimated fees
(including fees due upon issuance of building permits or upon final acceptance of the Project)
will be adjusted to rates in effect at the time of payment.
The City shall not provide the District a Notice of Acceptance of Completion of the
Improvements until such time as District has provided City with documentation supporting (to
City's satisfaction) actual construction costs in order to allow City to recalculate and finalize the
Development Cost Schedule ("Finalized Development Cost Schedule"). The parties agree that
the total amount due from District to City for development related fees for the Project shall be
the amount set forth in the Finalized Development Cost Schedule.
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SECTION 15
The parties specifically acknowledge that the Project is an independent development, that no
party is acting as the agent of the others in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a
partnership between or among the parties, or the affairs of City, or otherwise, or cause them to be
considered joint venturers or members of any joint enterprise.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date set forth
below.
GILROY UNIFIED SCHOOL DISTRICT ~Y OF GILROY
~t:::- - ~ThJ H ~
Name: Enrique Pa ios omas . ag un, Ity mllllstrator
JUNE 16, 2009
Date:
Title: Deputy Superintendent
APPROVED AS TO FORM:
~d:~
Linda A. Callon, City Attorney
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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
County of
}
State of California
SANTA CLARA
On
June 16, 2009
Date
before me, PATRICIA K. BENTSCN, NarARY PUBLIC
Here Insert Name and Title of the Officer
THOMAS J. HAGLUND
personally appeared
Name(s) of Signer(s)
e. com. .m....IOn. II 17UN2
.1 -- PublIc . California I
. . ... Clara County ...
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~~__4_ . ~J______
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s@.re subscribed to the
within instrument and acknowledged to me that
@she/they executed the same i~er/their authorized
capacity(ies), and that by@1er/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
Signature
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.
Property Improvement Agreement No. 2009-1
Description of Attached Document Christopher High School
Title or Type of Document: _____
Document Date:
June 8, 2009
cover + 9 + exhibits
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Thomas J. Haglund
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
g Other: City Administrator
Top of thumb here
Signer's Name:
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:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
City of Gilroy
Signer Is Representing:
.
@2007 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 .Chatsworth, CA 91313-2402. www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-=-::==-:::'-=-::~:~:~A
County of Santa Clara
On June 26, 2009
}
State of California
before me,
Janet K. Castro, Notary Public
Here Insert Name and Title of the Officer
Date
personally appeared
Enrique Palacios
Name(s) at Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person/~ whose nam~~re subscribed to the
~ithin instrument and acknowledged to me that
~she/they executed the same in@er/their authorized
capacity~, and that by@her/their signature(.B( on the
instrument the person(.81, or the entity upon behalf of
which the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature k"d.~
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.
Place Notary Seal Above
Description of Attached Document
Title or Type of Document: Property Improvement Agreement
Document Date: June 8. 2009
Number of Pages: 9, exhibits
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Enrique Palacios
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
1&1 Other: Deputy
Superintendent
Signer Is Representing:
Gilroy Unified
School District
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
~~~~V~V~V~V~V~y~_~_.~.__~_-_-~~__.___
@2007 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402. www.NationaINotary.org Item #5907 Reorder: Call TolI.Free 1-800-876-6827
SIERRA WEST
LAND SURVEYING INe
1359 SAND HILL CT.. OAKDALE. CA. 95361
Ph: (209) 845 . 2773 FAX: (209)845 - 9042
Exhibit "A"
Legal Description
for the
Lands of Gilroy Unified School District
Christopher High School
All that real property situate in the City of Gilroy, County of Santa Clara, State of California,
being the Lands of Gilroy Unified School District, lying entirely within the Solis Rancho and
being further described as follows:
All of Parcel One, as said parcel is shown on that certain Parcel Map, recorded in Book 830 of
Maps at pages 21-26, inclusive, Santa Clara County records.
This description was prepared by me or under my direction.
~~
Bradley A. Bilbo PLS 6141
Exp.: 03/31/10
OS/Z7pY
Date
1 of 1
EXHIBIT B
File: City of Gilroy
X-File: 5039-23, -24 and -44
"
JOINT USE AGREEMENT
For Lions Creek
At Terminus of Tapestry Drive
SANTA CIARA VALLEY WATER DISTRICT, a California special district, hereinafter referred to
as "District;" and the City of GILROY, a California municipal corporation, hereinafter referred to as
"City;" AGREE this _ day of ,2009, as follows:
WITNESSETH:
RECITALS:
A. District is the owner of certain real property (hereinafter "the Premises"), described on
"Exhibit A" attached hereto, so marked and by this reference made a part hereof.
B. City and District recognize that the Premises are regulated by a variety of federal, state, and
local agencies.
C. City and District recognize that the Premises were acquired by the District for a flood
protection project along Lions Creek and any improvements installed by the City are subject
to relocation and/or removal by City when improvement or maintenance of the flood
protection project requires such relocation or removal as determined by the District or the
Natural Resource Conservation Service ("NRCS").
D. District activities to provide and maintain flood protection, water resource protection, and
stream stewardship must not be hindered by use of the Premises by the City.
E. The Gilroy Unified School District ("GUSD") and the City have agreed to plans and
specifications by which the GUSD has offered to build and dedicate, and the City will accept'
ownership of, a bridge and ancillary facilities on the Premises ("Bridge"). The City has the
funds to operate its proposed Bridge on the Premises. Funds have been appropriated for the
current fiscal year to meet all City obligations contained in this Agreement.
F. City has included Premises in its Trails Master Plan as part of a future trail system along
Lions Creek to expand recreational opportunities to its residents. City and District anticipate
that, if funding and appropriate environmental approvals are obtained, the Premises will
become a part of a larger recreational area along Lions Creek.
G. The parties find it to be in the public interest to provide for joint use of the Premises by means
of an agreement therefor under the following terms and conditions:
O:\Christopher HS\JUA\Lions Creek JUA 2009 Christopher HS Ped Bridge.doc
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AGREEMENT:
City and District agree to use the Premises for the Bridge, flood protection and water resource
protection purposes under the provisions set forth below.
1. (a.) City expects to enter into an improvement agreement that shall, among other things, set
forth the terms of construction of Bridge improvements on the Premises, which tenns will
include the right of City to remove (or require removal of) Bridge improvements if Bridge is
not accepted by the City (the "Improvement Agreement"). The Improvement Agreement
shall require GUSD to ensure security of the Premises during construction and undertake
graffiti removal and trash removal on the Premises prior to City's acceptance of the Bridge. In
addition, the Improvement Agreement shall require GUSD to submit an initial schedule for
completion of the Bridge, which schedule should require completion to take place prior to the
end of 2009. Per the Improvement Agreement, GUSD shall also be required to meet and
confer with the City and/or the District to discuss bridge construction upon request from either
District or City. The District shall not issue a permit for the GUSD to construct the Bridge on
the Premises unless and until the City and GUSD have entered into an Improvement
Agreement that contains the conditions set forth herein. City will notify the District in writing
within fifteen (15) business days after its acceptance of the Bridge from the GUSD.
(b.) The parties agree that during the time of construction, and prior to City's acceptance,
of the Bridge (or City's assumption of control of the Bridge as further described in paragraph
l(e), below), City shall not maintain control over the day to day construction activities and
safety of the Premises. Nevertheless, City shall indemnify and hold harmless District for
damages that may be incurred by District during such construction as set forth in paragraph
17, below. City's responsibilities under paragraphs 3,4, 5, 8, 13 and 15 related to Public Use
of the Bridge Improvements and for any maintenance to the Premises shall not take effect until
such time as City accepts GUSD's offer of dedication of the Bridge.
(c.) If the GUSD does not complete, and City does not accept dedication of, the Bridge by
October 1, 2009, City and District shall request meet and confer with the GUSD to discuss
progress in Bridge construction, any delays thereto, and outstanding items necessary for City
to accept dedication of the Bridge. If desired by either party, the GUSD shall also be asked to
propose a revised schedule for satisfactory completion of Bridge construction. Without prior
written agreement of District, however, City shall not agree to a revised schedule that delays
completion of Bridge construction beyond October I, 20 10 ("Outside Completion Date").
Unless the District otherwise agrees in writing, if the GUSD is unable or unwilling to
complete Bridge construction by the Outside Completion Date, City shall assume control of
the Premises and aU improvements thereon and remove the Bridge within the earlier of (i) 180
days after City receives written notice from the GUSD that it will not complete Bridge
construction by the Outside Completion Date, or (ii) April 1, 2011. City shall ensure that it
secures a contractual right from GUSD in the Improvement Agreement to remove the Bridge
if GUSD is unable or unwilling to complete Bridge construction by the Outside Completion
Date.
2. District hereby grants pennission to City to use the Premises for the following purpose or
purposes and subject to the following special restrictions:
Pux:poses
· Construction and placement of a pedestrian bridge, pavement, lighting and fencing,
primarily to provide community access to Christopher High School. City may construct
O:\Christopher HS\JUA \Lions Creek JUA 2009 Christopher HS Ped Bridge.doc
IVPAPPl791232.3
043009-04706140
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facilities, improvements and fixtures (such as signs and benches), at City's discretion, to
facilitate any existing or later-approved trail purposes.
. Maintenance and repair of the Bridge and any other facilities, improvements and fixtures
constructed by the City.
Special Restrictions
. No motorized vehicles (except for motorized wheelchairs) shall be permitted on the
Premises except for those used for maintenance, emergency, and enforcement purposes.
. Users of the Premises shall not be permitted to use the Bridge to enter into Lions Creek or
to make any fires on the Premises. Dogs (except on leash), or other domestic animals are
prohibited from the Premises. City shall assume responsibility to restrict and control such
uses.
. City will not erect or provide picnicking facilities of any kind upon the Premises.
. The construction and placement of facilities, improvements and fixtures on the Premises
are subject to the issuance of a District encroachment permit.
. City improvements shall not hinder District vehicles, District maintenance, flood flows, or
the integrity or physical aspect of the District's facility.
3. City will provide for removal of trash that may have been generated by Bridge users on the
Premises. City may encourage volunteer groups to participate in District's "Adopt-A-Creek"
program.
4. City will provide graffiti removal from the Bridge or any other improvements on the Premises
in compliance with City's graffiti abatement program.
5. The Premises may be patrolled by City personnel and ranger services under contract with City
and/or volunteers supervised by City. District has no obligation whatsoever to provide or pay
for such services.
6. City agrees that it will be responsible for the maintenance, removal and (at City's option)
replacement of any Bridge improvements on the Premises. In addition, City must remove and,
if it so chooses, replace any additional recreational improvements installed by the City if
necessary for the improvement, modification, maintenance or repair of Lions Creek in any
manner for District purposes. District will inform City in preconstruction planning in the
event a District flood project is needed, to minimize District's project impact on City's
improvements to the extent feasible.
7. City and District agree to cooperate in order to resolve disputes and assist each other in
responding to public inquiries arising from the activities of either party.
8. Damage to District's or City's facilities, including the Bridge, to the extent arising from public
use of the Premises pursuant to this Agreement will be the responsibility of the City.
9. District will continue to perform routine maintenance on the Premises for flood protection
purposes in a manner consistent with its maintenance of comparable facilities or creeks.
10. In non-emergency situations, City and District staff will meet whenever necessary for the
purpose of scheduling routine maintenance, including, but not limited to:
O:\Christopher HS\JUA\Lions Creek JUA 2009 Christopher HS Ped Brilige.doc
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043009-04706140
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. Maintenance issues related to the Bridge and any other improvements on the
Premises;
. Method and timing of issues related to affected wildlife;
. Non-emergency work requiring the use of heavy equipment, barricading, and/or
restricting access to the Premises. District and City further agree to notify one
another's designated representative at least fifteen (I5) business days prior to
commencement of such work, in order to minimize public impacts.
City will bear the cost and expense of any security, police or other expenditure necessary to
temporarily prohibit or control public access to the Premises that the District would not
ordinarily incur to complete scheduled routine maintenance pursuant to this provision.
Damage to District's or City's facilities arising from use of the Premises under this Agreement
will be the responsibility of City.
District is not responsible for any damage occurring to the Bridge or City's improvements
located within the Premises that result from the District's maintenance, construction or
reconstruction or use of the Premises or other water management and/or flood control
facilities located on or near the Premises. All such costs for repairing such damage to City's
improvements will be borne by City.
In an emergency situation, District may provide maintenance without notice or precondition to
meet or consult with City.
11. Any construction work on the Premises during spring nesting season will be avoided whenever
possible. The parties acknowledge that the spring nesting season occurs between February 1
and July 15. If construction must be done during the nesting season, a survey by a qualified
biologist will be undertaken to determine the presence of nesting. If no nesting activity is
reported, then the work may proceed. If nesting activity is reported, the biologist is expected
to recommend and the City to implement adequate mitigation measures to protect the nesting
area. Environmental impact will be considered prior to all work. Any and all work related to
this clause will be completed in accordance with applicable federal, state, and local
environmental health and safety regulations including the federal Migratory Bird Act of 1918,
Clean Water Act, Endangered Species Act, the California Fish and Game Code and the Porter-
Cologne Act and any amendments thereto.
12. This Agreement will be for a period of twenty-five (25) years beginning on the date that it is
approved by the District Board of Directors. City may, upon written notice to District of
intent to do so, given not less than ninety (90) days prior to the termination date, renew this
Agreement for a like period upon the same terms and conditions. This Agreement may be
terminated by either party upon ninety (90) days prior written notice to the other. Notice of
City's intent to renew or to terminate may be given by the City's City Administrator. Notice
of intent to terminate may be given by the District's CEO. It is understood and agreed that, at
the parties' sole discretion, this Agreement may be superseded and incorporated into any
future joint use agreement or lease arrangement with the City along Lions Creek. Upon the
termination or expiration of this Agreement, the City, at its sole cost and expense, shall
restore the Premises as near as reasonably possible to the condition the Premises was in as of
the effective date of this Agreement.
13. Subject to the conditions and restrictions contained in this Agreement, City has the full control
and authority over the public use of the Premises, and City may restrict, or control, regulate
0:\ Christopher HS\IUA \Lions Creek IUA 2009 Christopher HS Ped Bridge.doc
IVPAPP1791232.3
043009-04706140
Page 4of7
and/or supervise the public use thereof. City may, at its discretion consistent with the right of
District hereinafter described and without diminution of the District's flood protection or
water resource protection function as now existing or as may hereafter be altered, take any
measures of every kind as may, in the opinion of City, be necessary for the safety of the users
of the Premises for any purpose under this Agreement. City has the sole responsibility for the
maintenance in usable and safe condition of every facility accepted for dedication or installed
upon the Premises by City.
14. It is expressly understood that District is engaged in flood protection and the protection of
water resources and that the terms and conditions of this Agreement will not in any way
interfere with the absolute, free, and unrestricted right of District to operate and maintain, for
flood protection and water resource protection purposes, the stream bed and banks or any
appurtenant works thereto, or to repair or construct any of its works, or to allow the raising or
lowering of the height of the water present upon the Premises; and it is further understood that
nothing herein contained will be construed as conferring a right upon City to have or a duty
upon District or provide water upon the Premises at any time.
15. It is also expressly understood by City that the level of water upon the Premises may fluctuate
from day to day due to controlled or uncontrolled flows upon and across the same. City is
responsible for preventing or limiting the public's use of the Premises because of flood flows
or for any other reason in order to protect the health and safety of the users of the Premises.
City is responsible for determining the conditions under which to exercise such control over
the Premises.
16. (a). City will have the right to build any improvements on the Premises necessary or
convenient to the enjoyment of this Agreement, provided the location of any such
improvement is, in each case during the term of this Agreement, first approved by District
and signified by issuance of a District permit. It is fully understood and agreed that District's
basis of approval or disapproval of improvements is its responsibility to insure that the same
will not constitute an obstruction to flood flows and will not interfere with the use of the
Premises for District purposes, and does not in anywise extend to consideration of the health
and safety of users of the Premises, which latter consideration is the responsibility of City, or
to the advisability of such improvements.
(b). Improvements built by or accepted for dedication by City on the Premises will remain the
property of City (unless otherwise agreed by the parties in writing) and, upon the termination of
this Agreement, will be removed by City, leaving the Premises in a condition as near as
reasonably possible to the condition that existed prior to such improvements. If District requires
that any improvement must be removed or relocated, the same will be done at City's expense
upon reasonable notice from District. The parties understand and agree that such removal and
relocation may require prior compliance with the provisions of the California Environmental
Quality Act. If removal or relocation of City improvements, including vegetation installed by
City, requires mitigation under the California Environmental Quality Act, City will be responsible
for all costs required to fulfill any required mitigation responsibilities.
(c). Nothing in this Agreement, however, shall be deemed to bind the City to undertake any
specific construction or other improvement on the Premises, except as may be necessary for the
health and safety of the users of the Premises.
17. (a). City will assume the defense of, indemnify and hold harmless, District, its officers,
agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature,
or description arising during the initial term of this Agreement, or any renewal thereof, to the
O:\Christopher HS\JUA \Lions Creek JUA 2009 Christopher HS Ped Bridge.doc
IVPAPP\791232.3
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extent resulting from construction of the Bridge or public use of the Premises pursuant hereto
or from public use of adjacent Premises of District occurring in consequence of City's or the
public's use of the Premises or from acts, omissions, or activities of City's officers, agents,
employees, or independent contractors employed by City, excepting claims, liability, loss,
damage, or injury to the extent that such claims, liability, loss, damage, and/or injury arise
from the willful malfeasance or negligent acts, omissions, or activities of an officer, agent, or
employee of District. This Agreement to defend, indemnify, and hold harmless the District
will operate irrespective of the basis of the claim, liability, loss, damage, or injury and
irrespective of whether the act, omission, or activity is a condition of Premises or any other
cause of any kind or nature.
(b). District will assume the defense of, indemnify, and hold harmless, City, its officers,
agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature
or description to the extent arising from District's exercise of its flood protection or water
resource protection purposes on the Premises pursuant hereto or from acts, omissions, or
activities of District's officers, agents, employees, or independent contractors employed by
District excepting claims, liability, loss, damage, or injury to the extent that such claims,
liability, loss, damage and/or injury arise from the willful malfeasance or negligent acts,
omissions or activities of an officer, agent, or employee of City. This Agreement to defend,
indemnify, and hold harmless will operate irrespective of the basis of the claim, liability, loss,
damage, or injury, and irrespective of whether the act, omission, or activity is a condition of
Premises or any other cause of any kind or nature.
18. Any and all notices required to be given hereunder will be deemed to have been delivered
upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the
address hereinafter specified or as later amended by either party in writing:
City
District
City of Gilroy
Community Development Department
7351 Rosanna Street
Gilroy, CA 95020
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, California 95118
Attention: Clerk of the Board
19. This Agreement, and all the terms, covenants, and conditions hereof, will apply to and bind the
successors and assigns of the respective parties hereto; provided that either City or District
will neither assign nor sublet this Agreement without prior written consent of the other.
20. This Agreement includes any and all exhibits, covenants, agreements, conditions, and
understandings between City and District concerning the Premises. There are no covenants,
agreements, conditions, or understandings, either oral or written, between the parties hereto
other than herein set forth with the exception of District permits issued in accordance with
Paragraph 16 (a).
O:\Christopher HS\JUA\Lions Creek JUA 2009 Christopher HS Ped Bridge.doc
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WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
"City"
"District"
CITY OF GILROY
SANTA CLARA VALLEY WATER DISTRICT,
a California Special District
By:
Thomas J. Haglund
City Administrator
By:
Beau Goldie
Chief Executive Officer
ArrEST:
ArrEST:
Shawna Freels
City Clerk
Lauren Knoff
Clerk/Board of Directors
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Linda A. Callon
City Attorney
Anthony T. Fulcher
Assistant District Counsel
O:\Christopher HS\JUA \Lions Creek JUA 2009 Christopher HS Ped Bridge.doc
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043009-04706140
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I:=l ~ \\\
.
I------ .~
~~
Christopher High School
Pedestrian Bridge on SCVWD fee title right of way between four gates ~
-=0 ::::...-
Itll Lions Creek ~
I
........-.-....,,-- ..n.. _._ ............- "-"- ..........-. .... .. r
II ~11 ) 'tl
>
l- I- m
r-- C\J
III
t-.... Q ~ e
~ ) '-- ~
..
III C\J
~ -
c
~ C\J
U)
r I
J I
_..-...."....,.. .-....__._---..... Sunrise Dr
ill . . ... ..... .... ..
I f-- f-- -;J I
0= f--- I--- ~
-
- \
]J ==: I I
- I I
-1 I J
r-' 1/
o 137.5 275
550
825
1,100
Feet
- -
Santo CIao Valley Wder Distric!
Lions Creek Trail
Joint Use Agreement
Exhibit A
EXHIBIT C
GILROY UNIFIED SCHOOL DISTRICT
SCHEDULE
CONSTRUCTION OF BRIDGE OVER LIONS CREEK
AT TERMINUS OF TAPESTRY DRIVE
CHRISTOPHER HIGH SCHOOL PHASE I
Assuming that on June 23rd GUSD has all the permits:
Foundation for bridge - 2 work weeks June 24-July 11, 2009
Bridge installation - 3 work days August 24-26, 2009
Concrete - 2-3 work days August 26-28,2009
Lighting - 5 work days August 27-September 1,2009
Completion of all Bridge Improvements - September 5, 2009
Offer of Dedication - September 15, 2009
Prepared by: Enrique Palacios, Deputy Superintendent, Gilroy Unified School District
May 27,2009
ENCOMPASS NO:
DATE:
NUMBER:
PROJECT LOCATION:
PARCEL NUMBER:
OWNERlDEVElOPER:
MAILING ADDRESS:
TELEPHONE NO:
PREPARED BY:
Account No. Key Code
100-2601-0000-3625 4904
100-2601-0000-3605 4702
420-2600-0000-3660 4501
432-2600-0000-3660 330f
433-2600-0000-3660 4905
435-2600-0000-3660 4509
436-2600-0000-3660 45fO
440-2600-0000-3660 4515
720-0433-0000-3620 2202
801-2601-PWDO-3899 4703
80f-2601-PWDO-3899 4703
Payment Bond
Performance Bond
EXHIBIT D
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
E1
,.A';~;::::!:??I!J;t"1
~2:ffM~yIo9.i~f~:~1f~(~~~~~~~~~~~~~4t:l;~
L~.;;~~~:::>;~~;I'.;: ;~~
Revised:
Revision Number:
Revision By:
:CfrRisJr:6FfiiiE~HiGHtS~cHQGBil?HASEW:.: ... .
":?:::;}Y~"Yi1"
''''''0', \;;::,'~K~'::1K-~;~J:~
:,.if:h,:if~ii"~i;I,~:6,i',,:;
512712009 5:06 PM
<;.,'.'1'....:..':;:",[',...
?~i;;~;:;:p;,..-.
,;:;",;'"
jOAy{Rf)!ifSArfrA}TEliESA'fs"il"Vo;'..
'~':,':''''
. .
,~
';'\~'-/?': ':~.; ;,./i,j~ff3}:~~~~~iir~,::
Fee:
Credits:
Amount Due: Account Description:
}t.",:~".:~~~;"~ifl~H~~~:f~'<B:':~~~~'~ '~;::J1~ :-,}'j::t:~; '-i
$282,009.68
$72,285.92
$2,230,848.75
$1,058,922.00
$717,838.85
$535,984.25
$17,159,01
$3,450,12f
$3,450,121
$0.00
$0.00 Special Public Works Sent
Paid on Invoice #
$0.00 Engring Plan Check & Insp
$0.00 Storm Development Fee
$0.00 Str Tree Development F ee &".fiVEQ~~jf{~~?iit:2
$0.00
$0.00 Traffic Impact Fee
$1,058.922.00 Sewer Development Fee
$717,838.85 Water Development Fee
$0.00 Public Facility Impact Fee
$0.00 Canst Water Use Fee
$0.00
$0.00 Reimbursements
$0.00 Other Reimbursements
Total $1,776,760.85
SEWER USAGE: 75 STAFF @ 20 GPD PLUS 900 STUDENTS @28 GPD = 26,700 GPD
WATER USAGE: 26,700 GPD PLUS 60,756 GPD IRRIGATION = 87,456 GPD
COST SCHEDULE
Fees Last Revised July 2. 2007
(1 )
:F.6rg'f.:!Wl=9:C: "
C:IDocuments and SettingslcharlieklDesktoplCHRISTOPHER HIGH SCHOOL PHASE I
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
ENCOMPASS NO:
DATE:
NUMBER:
PROJECT LOCATION:
PARCEL NUMBER:
OWNERlDEVELOPER:
MAILING ADDRESS:
TELEPHONE NO:
PREPARED BY:
E1 t
21-May-2009
CHRISTOPHER HIGH SCHOOL PHASE I
DAY RD & SANTA TERESA BLVD.
78316020
GUSD
7810 ARROYO CIRCLE
ROB MENDIOLA 408 847 2700 OR 408 842 5317
Jim Maestri
FINAL ENGINEERING
COST SCHEDULE TYPE: COST ESTIMATE? lye! PLAN CHECK? iN! INCENTIVE AGREEMENT FEES ONLY
IDEFER PUBLIC FACILITY FEE? - - TO PERMIT? iN'! TO FINAL?
DEFER SEWER, WATER, TRAFFIC FEES? TO PERMIT? iN) TO FINAL?
NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates In effect at the time permits are issued.
S~e Information:
Residential-Low?
Residential-High?
Commercial-Low?
Commercial-High?
Industrial-General?
Industrial-Warehouse?
Assembly Hall?
Common Area?
Gross Acres:
Lots:
Units:
Commercial/Industrial Allocations:
Reimbursements and credits:
Country Estates Water System?
!(f; Southeast Quadrant Hydrology Study?
Ni Obata Industrial Park Cred~?
Front Footage/Square Footage Charges and Conslruction Water.
FF:
Canst Water Acres
SPECIAL PUBLIC WORKS SERVICES
100-2601-0000-3625
Maps:
Final Map
:1'1':
$0.00 Fee ID NO-FINALM
$2,355.00 +
$15.00 / lot
Parcel Map
$2,560.00 +
;~1
$0.00 Fee ID ND-PARCELM
$15.00 / lot
Re-assessment Map (Assessment District Parcels)
$285.00 +
:f:l!
$30.00 / lot
$0.00 Fee ID N-ASSESM
Administration Fees:
Southeast Quadrant Hydrology Study
(Not Included)
iN:
$0.00 Fee ID N-SD-QUADA
Scanning Fee (For Improvement Plans, multiply # of sheets by 2 - scanning to be done at the beginning and end of the project)
!i,'Qffk:7.sl# of Sheets for Map and $9.00 / sheet iN; $0.00 Fee ID NO-SCAN
Improvement Plans
COST SCHEDULE (2)
Fees Last Revised July 2, 2007
5/27/2009 5:06 PM
Sq Ft:
$0.00
C:\Documents and Settings\cha~iek\Desktop\CHRISTOPHER HIGH SCHOOL PHASE I
420-2600-0000-3660 $72,285.92
$688.00 1 acre 'C $0.00 Fee ID NO-SD-LD
$1,080.00 1 acre V $0.00 Fee I D NO-SD-H D
$1,864.00 acre Vi $72,285.92 Fee ID NO-SD-C
$1,375.00 acre V $0.00 Fee ID NO-SO-I
$688.00 1 acre Yi $0.00 Fee ID NO-SD-AH
Miscellaneous Engineering Services:
(Cost ~/~~/~~.~les, Agreements, RIW Reviews and Other Misc. Services)
li!II:;10ihrMisc Services $178.56 1 hr.
N
$0.00
Fee ID N-MISC
ENGRING PLAN CHECK & INSPECTION
(Based on total cost of public right-of-way improvements)
grading and
reinspection charges
100-2601-0000-3605 COST ESTIMATE
FINAL ENGINEERING PLAN CHECK
$178.56 1 hr. Y $0.00 Fee 10 NO-GRADINS
COST FINAL ENGINEERING
PLAN DIFFERENCE
Fee ID NO-PCKINSP
Estimated Cost of Public Improvements
12% $0
to $100,000
to $200,000 V
$200,000 .y
10%
$100,000
$10,000.00 y
$0.00
8%
$260,009.68"(
$0.00
over
Payment Bond Amount for Offsite Improvements
Performance Bond Amount for Offsite Improvements
$3,450,121
$3,450,121
IMPACT FEES
Storm Drain Impact Fee
a.Residential-Low
b.Residential-High
c.Commercial
d.lndustrial
e.Assembly Hall
Obata Industrial Park Credits
Obata Fee Credit
(Based on reimbursements due from oversized st?rm facilities)
$1,170.00 1 acre yi $0.00
Fee ID N-SD-OBATA
Street Tree Fee
432-2600-0000-3660
a. City Planting and Replacement
$3.06 1 f.f. x
N
$0.00
0.0 =
Fee ID NO-TREEPL T
b.lnspection and Replacement
$0.41 1 f.f. x
y
Fee ID NO-TREEINS
0.0 =
$0.00
Traffic Impact Fee
433-2600-0000-3660
$11,809.00 unit Yi $0.00 Fee ID Nl-TRAF-LD
$9,572.00 unit y: $0.00 Fee ID N2-TRAF-HD
$13,065.00 k.s.f. Y- $2,230,848.75 Fee ID N3-TRAF-CL
$26,390.00 k.s.f. y- $0.00 Fee ID N3-TRAF-CH
$5,178.00 k.s.f. .y.1 $0.00 Fee ID N4-TRAF-IG
$3,753.00 k.s.f. Vi $0.00 Fee ID N4-TRAF-IW
a.Residential-Low
b.Residential-High
c.Commercial-Low Traffic
(< 10.75 trips/1000 sf)
d,Commercial-High Traffic
(>= 10.75 lrips/1000 sf)
e.lnduslrial-General
f.lndustrial-Warehouse
COST SCHEDULE
(3)
Fees Last Revised July 2, 2007
5/27/2009 5:06 PM
$282,009.68
$0.00
($282,009,68)
$0.00
$2,230,848.75
C:\Documents and SettingslcharlieklDesktoplCHRISTOPHER HIGH SCHOOL PHASE I
Sewer Impact Fee
a.Residential-Low
435-2600-0000-3660
$12,531.00 1 unit /!!
b.Residential-Hlgh
$6,781.00 1 unit
c.CommerciaUlndustrial
$3,966.00 1 cgpd
Obata Industrial Park Cmdits
Obata Fee Credit
5/27/2009 5:06 PM
$1,058,922.00
$0.00
Fee ID N1-SS-LD
,.vi
$0.00
Fee ID N2-SS-HD
'Y.!
$1,058,922.00
Fee ID N5-SS-C/1
(Based on reimbursements due from oversized sewer facilities)
:':~".~
$531.00 1 acre 'eXi $0.00
Fee ID N-SS.QBATA
Water impact Fee
a.Residential-Low
436-2600-0000-3660
$5,236.00 1 unit iiX;
b.Residential-High
$2,118.00 1 unit
c.Commerciai/lndustrial
$8,208.00 1 kgpd
Obata Industrial Park Credits
Obata Fee Credit
$717,838.85
$0.00
Fee ID N1-WATR-LD
7-/1
V'
$0.00
Fee ID N2-WATR-HD
:0(;
$717,838.85
Fee ID N5-WTR-C/1
(Based on reimbursements due from oversized w~~:rfaCilities)
$154.00 1 acre ''(; $0.00
Fee ID N-WR-OBATA
$0.00 Fee ID N-WR06-1/2
$0.00 Fee ID N-WR08-112
$0.00 Fee ID N-WR10-1/2
$0.00 Fee ID N-WR12-1/2
$0.00 Fee ID N-WRl4-1/2
$0.00 Fee ID N-WR16-1/2
$0.00 Fee ID N-WR18-1/2
$0.00 Fee ID N-WR24-1/2
$0.00 Fee ID N-WR30-1/2
$0.00 Fee ID N-WR36-1/2
'~';."-I $0.00
,N' Fee ID N-WR-RESCE
(4)
Public Facllhles Impact Fee
a.Resldential-Low
440-2600-0000-3660
$21,586.00 1 unit ''I;'
b.Resldenllal-High
$18,286.00 1 unit
c.Commercial
$3,139.00 1 k.s.f.
d.lndustrial
$1,394.00 1 k.s.f.
Water User Fee (Construction)
720-0433-0000-3620
$2.90 1 f.f.
plus
$176.55 1 a.c.
FRONT FOOT CHARGES
(Used to charge and reimburse fees for existing infrastructure)
801-2601-PWDO-3899
Water
Water Mains, including fim hydrants, valves and box:
(Developer is responsible for up to and including 12" mains)
Half Pipe
6 inch Main $45.00 LF x
8 inch Main $47.00 LF x
fO inch Main $54.00 1 LF x
12 inch Main $59.00 1 LF x
14 inch Main $65.00 LF x
16 inch Main $71.00 LF x
18 inch Main $78.00 1 LF x
24 inch Main $95.00 LF x
30 inch Main $105.00 LFx
36 inch Main $122.00 1 LF x
Countly Estates Water System (Not Included) .
COST SCHEDULE
Fees Last Revised July 2, 2007
$535,984.25
$0.00
Fee ID N1-PF-LD
:.v,
$0.00
Fee ID N2-PF-HD
y~
$535,984.25
Fee ID N3-PF-C
y::
$0.00
Fee ID N4-PF-1
$10,312.40
t;Y.',
Fee ID NO-CONWTFF
$17,159.01
$6,846.61
Fee ID NO-CONWTAC
$0.00
C:\Documenls and Settings\chariiek\Desktop\CHRISTOPHER HIGH SCHOOL PHASE I
5/27/2009 5:06 PM
Front Foot Charges Continued (Used to charge and reimburse fees for existing Infrastructure)
Sewer 801-260 f -PWD0-3899 $0.00
Sewer Mains, including manhole:
(Developer is responsible for up to and including 12" mains)
Half Pipe
6 inch Main $84.00 / LF x $0.00 Fee ID N-SS06-112
8 inch Main $86.00 / LF x $0.00 Fee ID N-SS08-1/2
10 inch Main $93.00 I LF x $0.00 Fee ID N-SS10-112
f2 inch Main $95.00 / LF x $0.00 Fee ID N-SS12-1/2
15 inch Main $100.00 / LF x $0.00 Fee ID N-SS15-1/2
18 inch Main $107.00 / LF x $0.00 Fee ID N-SS18-1/2
21 inch Main $117.00 LF x $0.00 Fee ID N-SS21-1/2
24 inch Main $122.00 LFx $0.00 Fee ID N-SS24-112
27 inch Main $141.00 LF x $0.00 Fee ID N-SS27-fl2
30 inch Main $165.00 LF x $0,00 Fee ID N-SS30-1/2
33 inch Main $181.00 LF x $0.00 Fee ID N-SS33-112
36 inch Main $205.00 / LFx $0.00 Fee ID N-SS36-1/2
39 inch Main $243.00 / LFx $0.00 Fee ID N-SS39-1/2
42 inch Main $304.00 / LFx $0.00 Fee ID N-SS42-1/2
Street Improvements 80f-2601-PWDO-3899 $0.00
Pavement Sidewalks & Medians
ACIBike path: base $2.55 / SF x $0.00 Fee ID N-STR-ACB
ACIBike path: pvmt $2.50 I SFx $0.00 Fee ID N-STR-ACP
Sidewalk: new $9.75 / SF x $0.00 Fee ID N-STR-SIW
Sidewalk: replace $13.25 I SFx $0.00 Fee ID N-STR-SIWR
Resurlacing $2.55 / SFx $0.00 Fee ID N-STR-RESU
Landscaped Median $20.35 / SFx $0.00 Fee ID N-STR-LANM
Hardscaped Median $11.63 /- SF x $0.00 Fee ID N-STR-HARD
Traffic Sianals (eouicment only)
Traffic Signal-3 leg $130,200.00 / LSx $0.00 Fee ID N-STR-TS3L
Traffic Slgnal-4 leg $158,500.00 / LSx $0.00 Fee ID N-STR-TS4L
Curb and Gutter
Curb/Gutter: new $25.85 / LF x $0.00 Fee ID N-STR-C/G
Curb/Gutter: replace $33.40 / LFx $0.00 Fee ID N-STR-C/GR
Curb Ramps $f ,057.63 / LFx $0.00 Fee ID N-STR-CR
COST SCHEDULE
Fees Last Revised July 2, 2007
C:IDocuments and Settingslchar1ieklDesktoplCHRISTOPHER HIGH SCHOOL PHASE I
..
5/27/2009 5:06 PM
Front Foot Charges Con~nued
(Used to charge and reimburse fees for existing infrastructure)
Storm Drain 801-2601-PWDO-3899 $0.00
Stann Mains, including manholes and catch basins:
(Developer is responsible for up to and including 24" mains)
Half Pipe Lineal e
18 inch Main $72.00 1 LF x $0.00 Fee ID N-SD18-1/2
21 inch Main $79.00 1 LF x $0.00 Fee ID N-SD21-112
24 inch Main $81.00 1 LF x $0.00 Fee ID N-SD24-1/2
27 inch Main $95.00 1 LFx $0.00 Fee ID N-SD27-112
30 inch Main $102.00 1 LF x $0.00 Fee ID N-8D30- f/2
33 inch Main $105.00 1 LF x $0.00 Fee ID N-SD33-1/2
36 inch Main $108.00 1 LF x $0.00 Fee ID N-SD36-1/2
42 inch Main $1f2.00 1 LF x $0.00 Fee ID N-SD42- f/2
48 inch Main $134.00 1 LF x $0.00 Fee ID N-8D48-f/2
54 inch Main $157.00 1 LF x $0.00 Fee ID N-8D54-1/2
60 inch Main $f8f.00 1 LF x $0.00 Fee ID N-SD60-1/2
66 inch Main $205.00 1 LFx $0.00 Fee ID N-SD66-1/2
72 inch Main $230.00 1 LF x $0.00 Fee ID N-SD72-112
78 inch Main $247.00 LFx $0.00 Fee ID N-SD78-1/2
84 inch Main $264.00 1 LFx $0.00 Fee ID N-SD84-fl2
90 inch Main $282.00 1 LFx $0.00 Fee ID N-SD90.1/2
96 inch Main $300.00 1 LF x $0.00 Fee ID N-SD96-1/2
Southeast Quadrant Hydrology Study (Not InCluded) N, $0.00 Fee ID N-SD-QUAD
NOTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the time Building Pennits 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. S~e grading and reinspection charges including reinspection of backyard drainage will be billed at the
Engineering Division houriy rate in effect at the time of inspection.
Accepted by:
Print Name:
Date:
COST SCHEDULE
(6)
Fees Last Revised July 2, 2007
C:\Documents and Settings\chariiek\Desktop\CHRiSTOPHER HIGH SCHOOL PHASE I