PIA No. 97-34 - Lands of Moen
RECORDING REQUESTED BY:
DOCUMENT: 13801021
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Tit I es: 1 / Pages: I 6
Fees.
Taxes.
Copies
AMT PAID
52.00
52.00
City of Gilroy
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
WHEN RECORDED, MAIL TO:
Rhonda S. Pellin
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
RDE ** 008
8/05/1997
8:31 AM
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement - Residential
NUMBER 97-34
TRACT 8957, P9NDEROSA
A.P.N. 808-01-004
LANDS OF MOEN
PROPERTY Il\fPROVEMENT AGREEMENT
RESIDENTIAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
No. 97-34
This agreement is made and entered into this 28 t~ay of
of Gilroy, a municipal corporation, herein called the "City" and
owner, developer or subdivider, herein called the "Developer".
July , 199 7by and between the City
Jerry D. Moen , a real property
WHEREAS, a final map of subdivision, record of surveyor building permit (Site Clearance)
application has now been submitted to the City for approval and acceptance, covering certain real estate
known as and called:
Tract No. 8957. Ponnprn~~ ~ P N RnR-nl-no~
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, conditions to be performed by Developer
pursuant to this agreement.
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:
SECTION 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and
the laws of the State of California and the United States of America concerning the subject matter of this
agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length
herein. Said Codes, Ordinances, Resolutions, Rule and and Regulations include, but are not limited to, the
following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform
Building Code.
1
. . SECT-ION 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 his 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 on said real estate which the Developer or any contractor
or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon
said real estate; 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 -$ 208,400.00 , 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 improvements described in this agreement. 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 improvements,
as provided in Sections 66499 et seq of the Government Code of the State of California, the Codes, the
Ordinances, Resolutions, Rules and the Regulations of the City, and this agreement. Each bond shall set
forth a time period for performance by the contractor of its obligations and 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 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 improvements by Developer and acceptance of the
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 improvements
(provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000)) to cover the
one year maintenance.
2
. 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 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 improvements to be constructed by Developer pursuant to this agreement. All such
policies shall provide that thirty (30) days written notice must be given in advance to City prior to
termination, cancellation or modification. The insurance specified in (a) above shall name City as an
additional insured and the insurance specified in (c) shall name City as a loss payee" and shall provide that
City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or
omissions of Developer or Developer's contractors or subcontractors or their respective employees.
Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all
rights to recover against City for any loss or damage arising from a cause covered by the insurance required
to be carried pursuant to this agreement or actually carried by Developer in connection with the work
described in this agreement, and will cause each insurer to waive all rights of subrogation against City in
connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis
and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this
agreement, Developer shall deliver to City the insurance company's certificate evidencing the required
coverage, or if required by City a copy of the policies obtained.
SECTION 3
That except as otherwise expressly provided in this Agreement, all sums shown herein to be payable by the
Developer to the City are due and payable to the City upon the execution of this agreement.
SECTION 4
That all the provisions of this agreement and all work to be done pursuant to the terms of this agreement 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.
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
3
. transaGtion, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due
. hereunder when due shall release the City from any and all obligations hereunder and the City, at its election,
may enforce the performance of any provision herein, or any right accruing to the City or may pursue any
remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and
Regulations of the City, in the event of any such default by Developer.
SECTION 7
That this agreement, together with the attached stipulations, is an instrument affecting the title or possession
of the real property described in Exhibit A. All the terms, covenants and conditions herein imposed shall be
binding upon and inure to the benefit of City, Developer and the successors in interest of Developer. Upon the
sale or division of the property described in Exhibit A, the terms of this agreement shall apply separately to each
parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this
agreement.
SECTION 8
That the following General Stipulations and the attached stipulations shall be completed subject to the
approval of the Community Development Director.
1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities.
NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District.
2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular
traffic is completed with a minimum interruption to traffic.
3. All work within the public right-of-way shall be subject to the approval of the City Engineer.
4. Before construction utilizing combustible materials may proceed, an all weather access must be provided to
within 150 feet of the building site; and at least one in service fire hydrant must be available within 500 feet
of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be
determined by the Fire Chief.
4
SECTION 9
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOTAL AMOUNT DUE CITY
$ 114.323.72
IN WITNESS WHEREOF, City has executed this agreement as of ~ )..~ I "r <tf-
~;€'dtI'-. 0
Rhonda S. Pellin
I_ r ~
APPROVED AS TO FORM:
IN WITNESS WHEREOF Own~r as executed thi~ agreement as of 1-02 /-tf'J
DATE~~ j,1, Il?')
7' '
NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the
corporate titles of the persons signing for the corporation shall appear above.
5
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On 1- Z/-tJ:/,'before me, ~ Ne./- tJA- / / .4ce
personally appeare ~ () -
personally known to me (or pro to me on the basis of satisfactory evidence) to be the person( s) whose
name( sj1SZ8.re subscribed to the within instrument and acknowledged to me t~he/they executed the same
i~er/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person( s) acted, executed the instrument.
and and official seal.
Sec. 40814; CC Sec. 1181
6
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On ::;t./t U-Z ~ <7 ~e~ore me,-.J2 pC'^- {) /-1 'p L:~ I. CZ J_') I- Clt It 1(" ( I rl (. /:) ( I C
personaliy appeared ,'i}-) L I /5;-/ K'S A ..J
personally known to me fer p!cp!€d to me Oft the basis of sati&faetory evidence) to be the person,{81 whose
name~ is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in hislher/thcir authorized capacity.(ies1; and that by hisAter/their signature~on the instrument the person,.CsJ or
the entity upon behalf of which the person{sracted, executed the instrument.
WITNESS my hand and official seal.
~A
Signatu " /'_ufR '~~{IL'
I;;--------~l
!CHONDA PEU1N
'e Comm"""" # "42623 ,
~. Notay Public. California ~
j Santo CI.oro County t
_ _ _ _Mv~.:.E~U-~j~ 1:~1
per GC Sec. 40814; CC Sec. 1181
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LOCATION MAP
TRACT 8957
A.P.N. 808-01-004
LANDS OF MOEN
PROJECT LOCATION:
PARCEL NUMBER:
OWNER/DEVELOPER:
MAILING ADDRESS:
TELEPHONE NO:
PREPARED BY: Mark Fachin
DEFER PARK, POLICE & FIRE DEVEL MENT FEES? :L
NOTE: This 100 % cost schedule has been adjusted to the rates in effect at the time building permits were
issued. All Park, Police & Fire development impact fees have been defered and will be collected with the building
permit fees.
Site Information:
Y Residential-Low ?
N Residential-High?
N Commercial-Low?
N Commercial-High?
N Industrial-General?
N Industrial-Warehouse ?
N Assembly Hall?
Common Area?
DATE:
15-Jul-97
NUMBER:
97-34
CommerciaVlndustrial Allocations:
Reimbursements and credits:
N Country Estates Water System?
N Country Estates Sewer System?
N Obata Industrial Park Credit?
CITY OF GILROY
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
FINAL COST SCHEDULE
ALL PARK, POLICE & FIRE DEVELOPMENT FEES
HAVE BEEN DEFERED TO BUILDING PERMIT.
Tract 8957, 11 Lots, 1 Lot credit on Dev. Fees Except Sewer
A.P.N.808-01-004
Jerry D. Moen
195 Aromas Road, Aromas, Ca. 95004
Acres:
2.456
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Lots:
10
o
o
o
o
o
o
o
o
o
o
o
o
Units:
10
o
Sq Ft:
Sewer GPO:
o
Water GPO:
o
N Southeast Quadrant Hydrology Study?
Front Footage for Front Foot Charges and Construction Water:
Street Tree FF: Water FF:
822.00 0.00
Special Public Works Services
Maps:
Final
$3,025.00 +
Sewer FF:
0.00
Storm FF:
0.00
Construction Water FF:
822.00
100-2600-3-600400
$4,538.44
$4,538.44
100%
$50.00
$3,575.00
lot
Y
=
lot
N
$0.00
Parcel $1,070.00 + $100.00
Reapportionment (Assessment District Parcels)
$1,767.00 + $100.00
Administration Fees:
Country Estates Water System
(Not Included)
Country Estates Sewer Trunk Main
(Not Included)
Southeast Quadrant Hydrology Study
(Not Included)
COST SCHEDULE
=
lot
$0.00
N
=
Y $0.00
=
Y $0.00
=
Y $0.00
=
(1 )
Miscellaneous Engineering Services:
(Cost Schedules, Agreements, R/IIII Reviews and other Misc. Services)
10 hr Misc Services $77.00 I hr.
$no.oo
y
=
Public Works Microfilming (Maps and Plans):
1- 6 shts $152.94 +
$6.75
sheet
y
$193.44
$0.00
7-12 shts
$195.68 +
$6.75
sheet
y
=
13-18shts
$238.40 +
$6.75
sheet
y
$0.00
# of Shts
6
100%
$18,588.00
$18,588.00
"
Engring Plan Check and Inspection
(Based on total cost of public
right-of-way improvements)
~ hr Site grading
100-2600-3-600412
Actual Cost of Public Improvements
N
=
$208,400
y
y
y
=
$208,400
$0.00
$n.00 I hr.
10% of first
$100,000
$10,000.00
8% of $100,000 -
$200,000
$8,000.00
7% over
$200,000
$588.00
Offsite Improvements to be Bonded
Park Impact Fee
PARK FEE DEFER ED TO BUILDING PERMIT
410-2400-3-629000 $69,490.00
100% $69,490.00
a.Residential-Low
$6,949.00 I unit
y
$69,490.00
$0.00
b.Residential-High
$4,964.00 I unit
y
=
b. Residential-High
420-2600-3-680200 $1,011.87
100% $1,011.87
$412.00 acre y $1,011.87
$618.00 acre y $0.00
$823.00 acre y $0.00
$926.00 acre y $0.00
=
$412.00 acre y $0.00
=
Storm Drain Impact Fee
a. Residential-Low
c.Commercial
d.lndustrial
e.Assembly Hall
Obata Industrial Park Credits
(Based on reimbursements due from oversized storm facilities)
Obata Fee Credit $1,170.00 I acre
$0.00
y
=
COST SCHEDULE
(2)
Utility Underground Fee 431-2600-3-680300 $0.00
100% $0.00
Front Footage
$123.62 I fJ.X N 0.00
=
ii,
:II!
Street Tree Fee 432-2400-3-625000 $287.70
100% $287.70
Front Footage
a.City Planting and Replacement
$2.51 I fJ.x N 0.00 $0.00
b.lnspection and Replacement
$0.35 I fJ.x y 822.00 = $287.70
=
Traffic Impact Fee 433-2600-3-681000 $30,710.00
100% $30,710.00
a.Residential-Low $3,071.00 I unit y $30,710.00
b. Residential-High $2,490.00 I unit y $0.00
=
c.Commercial-Low Traffic
(<= 4 trips/1 000 sf) $3,397.00 I k.sJ. y $0.00
=
d.Commercial-High Traffic
(> 4 trips/1 000 sf) $6,864.00 I k.sJ. y $0.00
=
e.lndustrial-General $1,326.00 I k.sJ. Y $0.00
f.lndustrial-Warehouse $977.00 I k.sJ. Y $0.00
=
Police Impact Fee
POLICE FEE DEFERED TO BUILDING PERMIT
434-1400-3-680000 $3,800.00
100% $3,800.00
b.Residential-High
$380.00 I unit Y $3,800.00
$588.00 I unit Y $0.00
$581.00 I k.sJ. Y $0.00
=
$21.00 I k.sJ. y $0.00
=
(3)
a.Residential-Low
c.Commercial
d.lndustrial
COST SCHEDULE
Country Estates Sewer Trunk Main
(Not Included)
435-2600-3-671000
100%
$3,624.00 / unit y $36,240.00
$2,589.00 / unit y $0.00
gals.lday y $0.00
=
y $0.00
=
$36,240.00
$36,240.00
Sewer Impact Fee
a. Residential-Low
b. Residential-High
c. Commercial/Industrial
$1,248.00 / cgpd
Obata Industrial Park Credits
(Based on reimbursements due from oversized sewer facilities)
Obata Fee Credit $531.00 / acre
y
$0.00
100%
$16,790.00
$16,790.00
Water Impact Fee
436-2600-3-695000
a.Residential-Low
$1,679.00 / unit
y
$16,790.00
=
b. Residential-High
$1,199.00 / unit
y
$0.00
c. Commercial/Industrial
$2,551.00 / kgpd
gals.lday
y
$0.00
=
Obata Industrial Park Credits
(Based on reimbursements due from oversized water facilities)
Obata Fee Credit $154.00 / acre
y
$0.00
=
FIRE FEE DEFER ED TO BUILDING PERMIT
100%
$910.00
$910.00
Fire Impact Fee
437-1500-3-680000
a.Residential-Low
$91.00 / unit Y
$108.00 / unit y
$58.00 / k.sJ. y
=
$8.00 / k.sJ. y
=
$910.00
b. Residential-High
$0.00
c.Commercial
$0.00
d.lndustrial
$0.00
Water User Fee (Construction)
720-0433-3-690000
y
100% =
$2,533.71
$2,533.71
$2.58 / fJ.
+
$168.14 / a.c.
COST SCHEDULE
(4)
Front Foot Charges:
(Used to charge and reimburse fees for existing infrastructure)
Water 801-0000-2-229015 $0.00
Water Mains, including fire hydrants, valves and box: 100% $0.00
(Developer is responsible for up to and including 1 Z' mains)
Half Pipe Front Footage
6" Main $12.50 I fJ.x N 0.00 = $0.00
=
8" Main $13.50 f.f. x N 0.00 = $0.00
=
10" Main $15.00 fJ.x N 0.00 $0.00
=
1Z' Main $16.83 fJ.x N 0.00 = $0.00
=
14" Main $18.87 fJ.X N 0.00 = $0.00
=
16" Main $21.42 fJ.x N 0.00 = $0.00
=
18" Main $24.99 fJ.x N 0.00 $0.00
24" Main $31.11 fJ.x N 0.00 $0.00
=
30" Main $36.72 fJ.x N 0.00 = $0.00
36" Main $43.35 f.f.x N 0.00 $0.00
Country Estates Water System Y $0.00
(Not Included) =
Sewer 801~2-229015 $0.00
Sewer Mains, including manhole: 100% $0.00
(Developer is responsible for up to and including 1 Z' mains)
Half Pipe Front Footage
6" Main $12.00 I fJ.x N 0.00 = $0.00
=
8" Main $12.50 fJ.x N 0.00 = $0.00
=
10" Main $14.00 fJ.x N 0.00 = $0.00
1Z' Main $15.50 fJ.X N 0.00 = $0.00
15" Main $19.38 fJ.x N 0.00 $0.00
18" Main $23.97 fJ.x N 0.00 $0.00
21" Main $28.05 fJ.X N 0.00 $0.00
=
24" Main $32.64 fJ.x N 0.00 $0.00
=
27' Main $36.21 fJ.x N 0.00 $0.00
=
Country Estates Sewer Trunk Main Y $0.00
(Not Included) =
COST SCHEDULE (5)
Street Improvements 801-0000-2-229015 $0.00
100% $0.00
Pavement Square Footage
3" AC on 8" AS $2.52 x 0.00 = $0.00
3" AC on 10" AS $2.83 x 0.00 = $0.00
3" AC on 12" AS $3.12 x 0.00 = $0.00
3" AC on 15" AS $3.58 x 0.00 = $0.00
Square Footage
Sidewalk 4" on 4" $4.63 x 0.00 = $0.00
and driveway
Front Footage
Curb/Gutter on 6" $15.03 x 0.00 $0.00
Storm Drain 801-0000-2-229015 $0.00
100% $0.00
Storm Mains, including manholes and catch basins:
(Developer is responsible for up to and including 24" mains)
Half Pipe Front Footage
18" Main $19.89 fJ.x N 0.00 = $0.00
=
21" Main $21.42 fJ. x N 0.00 = $0.00
=
24" Main $22.95 f.f.x N 0.00 = $0.00
=
27" Main $24.48 fJ. x N 0.00 = $0.00
=
30" Main $26.01 fJ.x N 0.00 = $0.00
33" Main $27.54 f.f.x N 0.00 = $0.00
=
36" Main $29.07 f.f.x N 0.00 = $0.00
42" Main $33.15 fJ.x N 0.00 $0.00
48" Main $35.70 fJ.x N 0.00 $0.00
54" Main $38.76 fJ.x N 0.00 = $0.00
=
50" Main $41.82 fJ.x N 0.00 $0.00
=
6S" Main $44.88 f.f.x N 0.00 $0.00
72" Main $47.94 fJ.X N 0.00 = $0.00
COST SCHEDULE (6)
78" Main $51.00 fJ. x N 0.00 $0.00
84" Main $54.06 fJ.x N 0.00 = $0.00
=
90" Main $57.12 f.f.x N 0.00 $0.00
=
96" Main $60.18 fJ.x N 0.00 $0.00
=
Southeast Quadrant Hydrology Study y $0.00
(Not Included)
~i Bonds andiSecurities 801~2-229015 $312,600
. 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.
W~
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.