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PIA No. 95-09 - Silicon Valley Diversified N 8 3 7 p~ GE I 904 /" , ~ 12876603 RECORDING REQUESTED BY: city of Gilroy 1"1:.':0 fO:': nECOHD ATREOUESTOf <--- REG FEE Cli-y t{ GI(N Y 95MAY-1 AM 9:20 OFF1C!J\ :G~:DS C I"" ~. t' II U T " S ANT A!Jld~ l".l n~ I 8 R E t\~ll) 1\ tJ l~.V .~ S !1ECO ni WHEN RECORDED, MAIL TO: Susanne E. steinmetz city of Gilroy 7351 Rosanna street Gilroy, CA 95020 AMF ffilCrn !rfl':~ '.:~_--J._ !.J:::"~ i ~....,-_.__....-.-"",,-..L L~;_..[~~f.5.:d~__. ~ (SPACE ABOVE THIS LINE FOR RECORDER'S USE) PROPERTY IMPROVEMENT AGREEMENT Tract 8691 - 'Ilfle-C~tl.!!es Park Commons DOCUMENT TITLE SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 N8 3 7PAGE 1905 RECORDING REQUESTED BY: city of Gilroy WHEN RECORDED, MAIL TO: city of Gilroy 7351 Rosanna street Gilroy, CA 95020 12876603 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. 95-09 This agreement made and entered into this 24th day of April , 19 ~, by and between the city of Gilroy, a municipal corporation, herein called the "city" and silicon valleS Diversified, Inc. , a real property owner developer or su divider, herein called the "Developer". WHEREAS, a final map of subdivision, record of surveyor building permit (site clearance) application has now been submitted to the city for approval and acceptance, covering certain real estate known as and called: Tract 8691 -~1l!~:a~ Park Commons 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 res~onsibilities for maintenance and operation of such utilities and public service fac~lities after acceptance by city, and for providing the necessary connecting system, ~eneral plant and appurtenances, and the city is agreeing to discharge those respons~bilities. NOW THEREFORE, in consideration of the premises and in order to carrr on the intent and purpose of said codes, ordinances, Resolutions and Regulations, ~t 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. 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 everyone 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 citr in order that its water, electricty, and/or sewer lines in or to sa~d real property may be extended. -1- N 8 3 7 p~ GE I 906 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 $415,000.00 , 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 furnishin~ labor or materials to them for the improvement hereunder, and as prov~ded 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. SECTION 5 That the special provisions concernin~ the particular real estate referred to above, being attached hereto, are hereby ~ncorporated herein and expressly made a part of this agreement. SECTION 6 That the faithful and prom~t ~erformance by the Develo~er of each and every term and condition contained here~n ~s made an express condit~on precedent to the dutr of the city to perform any act in connection with this transaction, and the fai ure, 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 mar pursue any remedy whatsoever it may have under the laws of the state of cal~fornia 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. -2- ~ 8 3 7 p~ GE ! 907 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 properlr dispose of any wells, septic tanks and underground fuel storage facil~tes. NOTE: The capping of any well will require inspection by the Santa clara valley Water District. 2. schedule the construction of im~rovements alon~ existing public roads so that the work affecting veh~cular traffic ~s 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 ~ortion of the site wherein this construction is to take place. Locat~on of the fire hydrants will be determined by the Fire chief. SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $216,330.75 IN WITNESS WHEREOF, city has executed as of ATTEdT: "" / ;/-~~./JcvYVVI~~' (L>~ /tITY CLERK / - , .v Susanne E. steinmetz l ,: ", APPROVED AS TO FORM: ~ ~ Jay Baksa &t.~~{j"M /I.~otJ IN WITNESS WHEREOF OWner has executed this agreement as of ~~...:.\... \'- .\~~ S c::27:)3~~'#"::~'"~""~~ ~ ~, .. "- DATE ~'<.~, \... \~ \ "\ "\ S 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. -3- N 8 3 7 p~ GE I 908 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) before me, J ' k ,I (11 hr,rl ~{j ~l,r+(, n5() .I . L -tc?L r~LS persona y nown to me (or prove to me on t e as~s 0 evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. signature hand a~d official seal. J } ~/, ! ' - /. , ' 1),1; // " ).: J, \. ", _I ~,j}" Yl)../Lv lL-<-L-1 C \..11-(,,,1.,-,,:,; ("", J I per GC Sec. 40814; CC Sec. 1181 j. - :':ER~; A;FO:~ - :( . COMM.1i951209 ~ . -,. Notary PlJbIic.Calilornia J SANTA CLARA COUNTY . , My comm. expires oec 25.1995 r ~ .... ..... .... .... .... .... ..... ..... ... ... ........ ( f ~ WITNESS my -4- N 8 3 7 p~ GE I 909 stipulations to Property Development Agreement No. 95-09 Tract 8691 - '1"h'e=~~~ Park Commons 1. The Developer shall install all improvements per the approved set of development plans titled "Improvement plans for Tract No. 8691", engineered by Hanna and Brunetti. 2. within six weeks of the execution of this improvement agreement, the city shall reimburse the developer $6,225.58 from the storm drain improvement fund. Breakdown oversizing for 30", 234' at 50.00 - 44.00 6.00/L.F. 1,404 oversizing for 42", 428' at 62.00 - 44.00 = 18.00/L.F. = 7,704 Sub-total oversizing Reimbursement = 9,108.40 Credit on Cost schedule (2,882.43) TOTAL DUE DEVELOPER $6,225.58 ~~;..~O ~\:,~\\.~ U.~,<.o: ~~~ signed ~C"\.-..::.. ~ re. d? ~ ~ Date \:4 'X ~. \... \::t \ ~~ <: Title ~\~.L Q~,~~ N 8 3 7 p~ GE I 9 I 0 Willard " ~ s ,."" 01 . " - \ Ave. II ______--.J L__ . > cl , -----.., r--- I I II W ! II I Ronan I / , 8 c .. i Ct, J 7 18 i/S:~ VICINITY SITE MAP Silicon Valley Diversified, Inc. Tract No. 8691, Park Commons, APN 790-16-059 DATE: 06-Apr-95 NUMBER: 95-09 PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: Account No. Key Code 100-2600-3-600400 4904 100-2600-3-600412 4702 410-2400-3-629000 3302 420-2600-3-680200 4501 431-2600-3-680300 5001 432-2400-3-625000 3301 433-2600-3-681000 4905 434-1400-3-680000 4402 435-2600-3-671000 4509 436-2600-3-695000 4510 437-1500-3-680000 4511 720-0433-3-690000 2202 801-0000-2-229015 4703 801-0000-2-229015 4703 801-0000-2-229015 4703 Totals.............. .. Bonds and Securities SERVICE CHARGES N 8 3 7 p~ GE t 9 I I CITY OF GILROY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION FINAL CHARGES ALL PARK, POLICE & FIRE DEVELOPMENT FEES HAVE BEEN DEFERED TO BUILDING PERMIT. "Fhe-Gffiteees- Tract No. 8691- Park Commons 790-16-059 Silicon Valley Diversified 851 East Hamilton Ave., Suite 120, Campbell, Ca. 95008 xxxxxxxxxxx M. Fachin Fee: Credits: Amount Due: Account Description: $4,860.80 $0.00 $0.00 $4,860.80 Special Public Works Serv $59,976.90 Engring Plan Check & Insp $59,976.90 $144,606.00 DEFERED TO BLDG PERMIT Park Development Fee $2,882.42 $0.00 $0.00 $2,882.42 $0.00 $0.00 $0.00 Storm Development Fee $0.00 Utility Undergrounding Fee $0.00 Str Tree Development Fee $57,582.00 $7,539.00 $0.00 $57,582.00 Traffic Impact Fee DEFERED TO BLDG PERMIT Police Development Fee $57,267.00 $32,613.00 $1,659.00 $4,031.05 $0.00 $0.00 $0.00 $0.00 $57,267.00 Sewer Development Fee $0.00 $32,613.00 Water Development Fee DEFERED TO BLDG PERMIT Fire Development Fee $4,031.05 $0.00 $0.00 Const Water Use Fee $0.00 Reimbursements $0.00 $0.00 $0.00 $0.00 $373,017.17 $2,882.42 $216,330.75 Within six weeks of the execution of $622,500 the development agreement, the City =========== shall reimburse the developer $6225.58 (1) from the storm drain improvement account. I' N 8 3 7 p~ GE , 9 I 2 DEFER PARK, POLICE & FIRE DEVELOPMENT FEES? Y CITYOF GILROY DEPARTMENT OF PUBLIC WORKS DATE: 06-Apr-95 ENGINEERING DIVISION FINAL COST SCHEDULE NUMBER: 95-09 ALL PARK, POLICE & FIRE DEVELOPMENT FEES HAVE BEEN DEFERED TO BUILDING PERMIT. PROJECT LOCATION: .,tu~'euttages- Tract No. 8691 - Park Commons PARCEL NUMBER: 790-16-059 OWNER/DEVELOPER: Silicon Valley Diversified MAILING ADDRESS: 851 East Hamilton Ave., Suite 120, Campbell, Ca. 95008 TELEPHONE NO: 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: 8.630 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Lots: 21 o o o o o o Units: 21 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: 0.00 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: 1,000.00 $4,860.80 $4,860.80 100% Y $4,075.00 $0.00 = N = N $0.00 $0.00 $0.00 $0.00 = Y = Y = Y = ~4 8 3 7 PA GE I 9 I 3 Miscellaneous Engineering Services: (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) 8 hr Misc Services $77.00 I hr. Y Public Works Microfilming (Maps and Plans): 1- 6 shts $149.94 + $6.62 I sheet 7-12 shts $191.84 + $6.62 I sheet 13-18 shts $233.73 + $6.62 I sheet # of Shts 3 Engring Plan Check and Inspection (Based on total cost of public right-of-way improvements) 4 hr Site grading 100-2600-3-600412 $77 .00 I hr. N = $799,670 Y = Y = Y = $415,000 Actual Cost of Public Improvements 10% of first $100,000 $200,000 8% of $100,000 - 7% over $200,000 Offsite Improvements to be Bonded $616.00 = Y $169.80 $0.00 $0.00 = Y = Y = 100% $59,976.90 $59,976.90 $0.00 $10,000.00 $8,000.00 $41,976.90 Park Impact Fee PARK FEE DEFERED TO BUILDING PERMIT 410-2400-3-629000 $144,606.00 100% $144,606.00 a. Residential-Low $6,886.00 I unit b.Residential-High $4,918.00 I unit 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 d.lndustrial $751.00 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) Y $144,606.00 = Y $0.00 = 100% Y $2,882.42 = Y $0.00 = Y $0.00 = Y $0.00 = Y $0.00 = Y $0.00 = $2,882.42 $2,882.42 Utility Underground Fee $118.36 / f.f. x 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/1 000 sf) d.Commercial-High Traffic (> 4 trips/1000 sf) e.lndustrial-General f.1 ndustrial-Warehouse Police Impact Fee a. Residential-Low b.Residential-High c.Commercial d.lndustrial COST SCHEDULE N 8 3 7 rn GE I 9 I 4 431-2600-3-680300 $0.00 100% $0.00 Front Footage N 0.00 = 432-2400-3-625000 $0.00 100% $0.00 Front Footage N 0.00 = $0.00 = y 0.00 = $0.00 = 433-2600-3-681000 $57,582.00 100% $57,582.00 $2,742.00 / unit Y $57,582.00 = $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 $7,539.00 100% $7,539.00 $359.00 / unit Y $7,539.00 = $529.00 / unit Y $0.00 = $561.00 / k.s.f. Y $0.00 = $18.00 / k.s.f. Y $0.00 = (3) N 8 3 7 PA GE I 9 , 5 Country Estates Sewer Trunk Main (Not Included) 435-2600-3-671000 100% $2,727.00 / unit Y $57,267.00 = $1,948.00 / unit Y $0.00 = 100 gals.lday Y $0.00 = y $0.00 = $57,267.00 $57 ;267 .00- ." Sewer Impact Fee a. Residential-Low b. Residential-High c. Commercial/Industrial $950.00 / Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531.00 / acre y $0.00 = b.Residential-High 436-2600-3-695000 100% $1,553.00 / unit Y $32,613.00 = $1,109.00 / unit Y $0.00 = 1,000 gals.lday y $0.00 = $32,613.00 $32,613.00 Water Impact Fee a. Residential-Low c. Commercial/Industrial $2,360.00 / Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154.00 / acre y $0.00 = Fire Impact Fee FIRE FEE DEFERED TO BUILDING PERMIT 437-1500-3-680000 $1,659.00 100% $1,659.00 $2.58 / f.f. $79.00 / unit Y $1 ,659.00 = $105.00 / unit y $0.00 = $70.00 / k.s.f. Y $0.00 = $9.00 / k.s.f. y $0.00 = 720-0433-3-690000 Y $4,031.05 100% = $4,031.05 + $168.14 / a.c. (4) a. Residential-Low b.Residential-High c.Commercial d.lndustrial Water User Fee (Construction) COST SCHEDULE ~l 8 3 7 P /\ GEl 9 r 6 Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) Water 801-0000-2-229015 $0.00 100% $0.00 Water Mains, including fire hydrants, valves and box: (Developer is responsible for up to and including 12" mains) Half Pipe Front Footage 6" Main $12.50 I f.f. x N 0.00 = $0.00 = 8" Main $13.50 I f.f. x N 0.00 = $0.00 = 10" Main $15.00 I f.f. x N 0.00 = $0.00 = 12" Main $16.50 I f.f. x N 0.00 = $0.00 = 14" Main $18.50 I f.f. x N 0.00 = $0.00 = 16" Main $20.50 I f.f.x N 0.00 = $0.00 = Country Estates Water System y $0.00 (Not Included) = Sewer 801-0000-2-229015 $0.00 100% $0.00 Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) Half Pipe Front Footage 6" Main $12.00 I f.f. x N 0.00 = $0.00 = 8" Main $12.50 I f.f. x N 0.00 = $0.00 = 10" Main $14.00 I f.f. x N 0.00 = $0.00 = 12" Main $15.50 I f.f. x N 0.00 = $0.00 = 15" Main $19.00 I f.f. x N 0.00 = $0.00 = Northwest Quadrant Sewer Trunk Main y $0.00 (Not Included) = Country Estates Sewer Trunk Main y $0.00 (Not Included) = COST SCHEDULE (5) N 8 3 7 PA GE I 9 T 7 Street Improvements 801-0000-2-229015 $0.00 - -., ..~--.- -....,--. .. 100% "$0.00".- Pavement Square Footage 3" AC on 8" AS $2.42 x 0.00 = $0.00 3" AC on 10" AS $2.71 x 0.00 = $0.00 3" AC on 12" AS $2.99 x 0.00 = $0.00 3" AC on 15" AS $3.43 x 0.00 = $0.00 Square Footage Sidewalk 4" on 4" $4.43 x 0.00 = $0.00 and driveway Front Footage Curb/Gutter on 6" $14.39 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 $19.00 / f.f.x N 0.00 = $0.00 = 21" Main $20.50 / f.f. x N 0.00 = $0.00 = 24" Main $22.00 / f.f. x N 0.00 = $0.00 = 27" Main $23.50 / f.f. x N 0.00 = $0.00 = 30" Main $25.00 / f.f.x N 0.00 = $0.00 = 33" Main $26.50 / f.f. x N 0.00 = $0.00 = 36" Main $28.00 / f.f. x N 0.00 = $0.00 = 42" Main $31.00 / f.f.x N 0.00 = $0.00 = 48" Main $34.00 / f.f. x N 0.00 = $0.00 = 54" Main $37.00 / f.f. x N 0.00 = $0.00 = 60" Main $40.00 / f.f. x N 0.00 = $0.00 = 66" Main $43.00 / f.f.X N 0.00 = $0.00 = 72" Main $46.00 / f.f. x N 0.00 = $0.00 = COST SCHEDULE (6) t48 3 7 PA GE I 9 'f 8 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 * $622,500 (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. c::=:.-S")o ~ \:JQ\\<~ U,~_.,,'~ 4---'- Accepted by:, 0........- ~ -;;t. #. "G r. '"--"-' Date: ~~'" " '- \~ \,~S . COST SCHEDULE (7)