K. Hovnanian at Gilroy, LLC - Landscape Installation and Maintenance Agreement
First American Title Company
Escro~No.:il~ 4SU1S1 ~ DOCUMENT:
Recording Requested By:
Fees.
Taxes.
Copies.
AMT PAID
CITY OF GILROY
When recorded mail to:
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Title Company
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
A TTN: Rick Smelser
Space above this line for recorder's use only.
RECORD WITHOUT FEE PURSUANT TO GOV. CODE SECTION 6103
LANDSCAPE INSTALLATION AND MAINTENANCE AGREEMENT
(Approximately 24.5 acres located at the northwest corner of Santa Teresa Boulevard and
Sunrise Drive, Assessor's Parcel No(s). 783-20-055 and 056)
By and Between
The City of Gilroy
And
John M. Filice, Trustee of The John M. Filice Family Trust dated November 08, 1970,
Lewis, Dick, & Brunson, LLC, a California limited liability company,
Arcadia Development Co, a California corporation,
Glen Lorna Corporation, a California corporation,
and
K. Hovnanian at Gilroy, LLC, a California limited liability company
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Pages:
25
87.00
87.00
RDE ** 008
9/27/201 0
2:06 PM
LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT
(Approximately 24.5 acres located at the northwest corner of Santa Teresa Boulevard and
Sunrise Drive, Assessor's Parcel No(s). 783-20-055 and 056)
This Lan,Qscaping Installation and Maintenance Agreement ("Agreement") is made as of
.;2/.t:;+ d~ Dt..Se~v, 2010 between JOHN M. FILICE, TRUSTEE OF THE JOHN M.
FILICE F MIL Y RUST DATED NOVEMBER 08, 1970 ("FIlIce"), LEWIS, DICK, &
BRUNSON, LLC, a California limited liability company ("LDB"), ARCADIA
DEVELOPMENT CO., a California corporation ("Arcadia"), and GLEN LOMA
CORPORATION, a California corporation (collectively, "Owner"), K.HOVNANIAN AT
GILROY, LLC, a California limited liability company ("Developer") and the CITY OF
GILROY, a municipal corporation ("City") with reference to the following facts:
WHEREAS, Filice and LDB are the owners of that real property in the City of Gilroy,
County of Santa Clara, State of California, legally described in Exhibit Ar 1 attached hereto, and
Arcadia and Glen Lorna are the owners of that certain real property in the City of Gilroy, County
of Santa Clara, State of California, legally described in Exhibit A-2 attached hereto, which real
properties consist of a total of approximately 24.5 acres located at the northwest corner of Santa
Teresa Boulevard and Sunrise Drive, Assessor's Parcel No(s). 783-20-055 and 056 (the
"Property") ;
WHEREAS, Developer is the developer ofthe Project described below; and
WHEREAS, City adopted Resolution No. 2006-41 (the "TM Approval"), approving TM
05-02, a Tentative Map to create one hundred eight (108) single family residential lots on the
Property, subject to the Tentative Map Conditions (the "TM Conditions") and other requirements
described therein; and
WHEREAS, City adopted Resolution No. 2006-42 (the "AlS Approval"), approving AlS
05-29, an application for architectural and site approval of a planned unit development for the
108 lot single family subdivision which is the subject of the TM Approval, subject to conditions
of approval and other requirements described therein (the subdivision and project to be built
thereon being the "Project"); and
WHEREAS, Number 56 of the TM Conditions ("TM Condition 56") requires that before
recordation of the first final map for the Property, Owner must enter into an agreement with City
to address Owner's obligations with respect to the installation of landscaping improvements on
that portion of the Property described in TM Condition 56 as Parcel "B", consisting of
approximately 32,570 square feet, as shown in the Ranch Hills and Deerpark Phase III Tentative
Map (the "Landscape Parcel"), establish funding for the maintenance of the Landscape Parcel,
and establish the period oftime during which Owner must maintain the Landscape Parcel;
WHEREAS, Owner and Developer have requested that Developer also be a party to this
Agreement: and
WHEREAS, this Agreement is entered into to address Owner's obligations with respect
to the Landscape Parcel, as contemplated and required by TM Condition 56.
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NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE RECEIPT OF
WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HEREBY AGREE AS
FOLLOWS:
1. Purpose. The purpose of this Agreement is to insure the timely and proper construction
and installation of the Landscape Improvements (defined in Section 2 below) on the
Landscape Parcel in accordance with the Approved Landscape Plans (defined in Section
2 below), the proper and diligent maintenance of the Landscape Improvements during the
Maintenance Period (defined in Section 4 below), and the funding by Owner and
Developer of the anticipated cost of future maintenance of the Landscape Improvements
for the period following the Maintenance Period.
2. Landscape Improvements and Approved Landscape Plans. The Landscape
Improvements consist of those described in the landscaping plans and specifications
identified on Exhibit B attached hereto and made a part hereof (the "Approved Landscape
Plans"). Copies of the Approved Landscape Plans are on file with the City in the office
of Community Development Department, 7351 Rosanna Street, Gilroy, California
95020.
3. Duty to Construct and Install Landscape Improvements. Owner and Developer shall
cause all Landscape Improvements to be constructed and installed in a good and
workmanlike manner, in accordance with the Approved Landscape Plans, the TM
Approval, the AlS Approval and all other City and other governmental approvals, laws,
policies and regulations applicable to the Project, at Owner's and Developer's sole cost
and expense. Construction and installation of the Landscape Improvements shall be
completed not later than twenty four (24) months after this Agreement has been signed by
Owner, Developer and City. Prior to commencing work, Owner and Developer shall
obtain all permits required by law for the construction and installation of the Landscape
Improvements. All fees for such permits shall be those in effect as of the date of
application for such permits.
4. Owner's and Developer's Duty to Maintain Landscape Improvements. For a period of
thirty six (36) months immediately following completion of all of the work described in
Section 3 above (the "Maintenance Period"), subject to extension as described in this
Section below, Owner and Developer shall, at their sole cost and expense, diligently
maintain and care for, and repair and replace as necessary, the Landscape Improvements.
Owner's and Developer's obligations pursuant to this Section 4 shall include, without
limitation, the following: (i) providing sufficient water, fertilizer and other nutrients to
the turf and other plants to maintain them in a healthy and thriving condition, (ii) keeping
plants trimmed by removing dead wood from trees and shrubs, trimming back foliage
which has exceeded the landscape boundaries and shaping plants as necessary, and
keeping turf mowed to a height of between two and three inches and trimmed back from
edges of hardscape, (iii) pruning and trimming trees and shrubs, as necessary, in such a
manner as to prevent interference with sight clearance for pedestrian, bicycle and vehicle
traffic on adjacent roadways, walkways and rights of way, (iv) maintaining, repairing and
replacing, as needed, the irrigation system serving the landscaping, and obtaining all
legally required permits with respect to such work, (v) causing all weeds, trash and debris
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to be regularly removed from the Landscape Parcel, (vi) replacing plants which have died
back or become unsightly on no less than a monthly basis, and (vii) paying all costs and
expenses for the water and electricity used to irrigate and light the landscaping and
Landscape Parcel. Without limiting the generality ofthe foregoing, diligent maintenance
and care includes persistent upkeep which employs the standard of care necessary to meet
all requirements of applicable local ordinances and regulations and is in accordance with
the generally accepted standards for maintenance and care observed by comparable uses
located within the City of Gilroy. If at the end of the Maintenance Period any of the
plants are not in a healthy or thriving condition or have died back or become unsightly, or
the Landscape Improvements are not otherwise in the condition to which Owner and
Developer are required to maintain and care for them or are in need of repair or
replacement, then the Maintenance Period shall be extended to such date as all of the
Landscape Improvements are in the required condition and not in need of repair or
replacement as determined by City. In addition, if at the end of the Maintenance Period
Establishment and Funding (defined in Section 5) of the CFD (defined in Section 5) has
not occurred, Establishment and Funding of the LLD (defined in Section 5) has not
occurred, and an Alternate Funding Mechanism (defined in Section 5) has not been
established, then the Maintenance Period shall be extended to such date as either
Establishment and Funding of the CFD or LLD has occurred, or the Alternate Funding
Mechanism has been established in accordance with Section 5 below.
5. Funding for Landscaping Maintenance: Acceptance of Maintenance. Prior to the first
final inspection for the first residential units excluding models for the Property and before
expiration of the initial three (3) year Maintenance Period described in Section 4 above,
either (1) Owner and Developer shall initiate proceedings under the Mello-Roos Act
(defined below) for the establishment of a community facilities district encompassing the
entire Property for the purpose of financing, in perpetuity, the future cost of diligently
maintaining and caring for, and repairing and replacing as necessary, the Landscape
Improvements, in accordance with the standards described in Section 4 (the "CFD"), and
Establishment and Funding of the CFD shall have occurred, or (ii) Owner and Developer
shall initiate proceedings under the Landscaping and Lighting Act (defined below) for the
establishment of an assessment district encompassing the entire Property for the purpose
of financing, in perpetuity, the future cost of diligently maintaining and caring for, and
repairing and replacing as necessary, the Landscape Improvements, in accordance with
the standards described in Section 4 (the "LLD"), and Establishment and Funding of the
LLD shall have occurred. If proceedings are initiated for the CFD, all owners of the
Property shall vote in favor of the CFD and the tax to be assessed thereunder. If
proceedings are initiated for the LLD, all owners of the Property shall support the
establishment of the LLD and the assessment to be levied thereunder, and shall not
protest such establishment or levy. Notwithstanding the foregoing, if and only if there is
a legal impediment to the Establishment and Funding of both the CFD and the LLD, then
prior to the first final inspection for the Property and before expiration of the initial three
(3) year Maintenance Period described in Section 4 above, Owner and Developer shall
establish and provide for the benefit of the City an alternative funding mechanism
reasonably acceptable to the City which will provide funding equivalent to what
Establishment and Funding of either the CFD or LLD would have provided, for the future
cost of diligently maintaining and caring for, and repairing and replacing as necessary,
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the Landscape Improvements, in accordance with the standards described in Section 4
(the "Alternative Funding Mechanism"). Owner and Developer shall be solely
responsible for paying all costs and expenses incurred in connection with the initiation
and consummation of the CFD and LLD and the levy of the special tax or assessment
thereunder, and the establishment of the Alternative Funding Mechanism, as applicable,
which shall include without limitation reimbursing City for all costs incurred by City
(including without limitation staff time) in connection with the CFD, LLD and
Alternative Funding Mechanism. Any funds received by City for the maintenance, repair
and replacement of the Landscape Improvements shall be used and/or invested as City
elects in its sole and absolute discretion. In no event shall any portion of the funds
received for the maintenance, repair and replacement of the Landscape Improvements, or
any interest or other amount earned in connection with such funds, be reimbursable to
Owner or Developer at any time. City agrees to accept the Landscape Improvements for
maintenance by City when all of the following has occurred: City has accepted the
Owner's offer of dedication of the Landscape Parcel, the Owner and Developer have
performed all of their obligations under Sections 3 and 4 above, the Maintenance Period
(as it may have been extended pursuant to Section 4) has expired, and either
Establishment and Funding of the CFD or LLD has occurred, or if there is a legal
impediment to the Establishment and Funding of both the CFD and the LLD then the
Alternative Funding Mechanism shall have been established. The City shall have the
right to withhold final inspection for any and all residential dwelling within the Project
until Establishment and Funding of the CFD or LLD has occurred, or if there is a legal
impediment to the Establishment and Funding of both the CFD and the LLD then the
Alternative Funding Mechanism shall have been established. As used in this Agreement
"Establishment and Funding" as it relates to the CFD shall be deemed to have occurred
when all of the following have occurred: proceedings for the CFD have been initiated
and consummated, the CFD has been established, the special tax lien required to fund the
future maintenance, care, repair and replacement of the Landscape Improvements in
perpetuity has been approved by the voters in accordance with the Mello-Roos Act and
has been levied against the entire Property (provided however that any portion of the
Property owned by the City or another governmental entity shall be exempt from such
special tax in accordance with the provisions of the Mello-Roos Act), and a notice of the
tax has been recorded against the Property with the Santa Clara County Recorder in the
Official Records of Santa Clara County, California. As used in this Agreement
"Establishment and Funding" as it relates to the LLD shall be deemed to have occurred
when all of the following have occurred: proceedings for the LLD have been initiated
and consummated, the LLD has been established, a special assessment lien required to
fund the future maintenance, care, repair and replacement of the Landscape
Improvements in perpetuity has been levied against the entire Property (provided
however that any portion of the Property owned by the City or another governmental
entity shall be exempt from such special assessment), and a notice of the assessment has
been recorded against the Property with the Santa Clara County Recorder in the Official
Records of Santa Clara County, California. As used in this Agreement, "Mello-Roos Act"
shall mean the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing
with California Government Code Section 53311) of Part 1 of Division 2 of Title 5 of the
California Code, as amended from time to time, and "Landscaping and Lighting Act"
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shall mean the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets
and Highway Code of California, as amended from time to time.
6. Bonds. Upon execution of this Agreement by Owner and Developer, Owner and
Developer shall deliver to the City a faithful performance bond and a labor and materials
bond, each in the amount of One Hundred Forty Nine Thousand Ninety Five Dollars
($149,095) and in form and issued by a bonding company acceptable to City to assure
timely completion of the Landscape Improvements and the timely payment of all costs of
constructing and installing the Landscape Improvements. In addition, not later than ten
(10) days after completion of the Landscape Improvements, Owner and Developer shall
obtain and deliver to the City a faithful performance bond and a labor and materials bond,
each in the amount of Thirty One Thousand Two Hundred Forty Eight ($31,248) and in
form and issued by a bonding company acceptable to City to assure timely completion of
Owner's and Developer's obligations under Section 4 of this Agreement and payment of
the anticipated cost of such obligations.
7. Insurance. Owner and Developer shall maintain, and shall require all contractors
engaged to perform any work pursuant to this Agreement to maintain, at all time during
the performance of the work called for in this Agreement, policies of insurance in form
and amount acceptable to City, including without limitation, commercial general liability
insurance, automobile liability insurance, employer's liability insurance, business
automobile liability insurance, and worker's compensation insurance.
8. Indemnity. To the fullest extent allowed by law, Owner and Developer shall indemnify,
defend, and hold harmless City and City's officers, agents and employees from and against
any and all claims, demands, causes of action, liabilities, losses, costs, expense, injuries,
damages, judgments, findings, awards, suits and proceedings (including without limitation
costs for staff time, copying costs, court costs and attorneys fees) (collectively, "Claims and
Liabilities") arising out of, or in connection with:
(a) the design, construction or installation of the Landscape Improvements, the
performance of Owner's and Developer's obligations under this Agreement by
Owner or Developer or their respective agents, employees, contractors or
sub-contractors, and/or any breach of any obligation of Owner or Developer under
this Agreement; and/or
(b) any violation or claim of violation of any law, rule or regulation (including,
without limitation, laws, rules or regulations relating to payment of prevailing
wages) applicable to any portion or aspect of the Project, including without
limitation the Landscape Improvements;
excepting only Claims and Liabilities caused by the sole negligence or willful misconduct
of City or the City's officers, agents and employees in the performance of their
obligations as the officers, agents and employees of City. It is the intent of the parties to
this Agreement to provide the broadest possible coverage for the City and the City's
officers, agents and employees.
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9. Citv's Right to Cure Owner's or Developer's Default. If Owner or Developer breaches
any of its obligations under Sections 3, 4, 6 or 7, and the breach is not cured within ten
(10) days (or such longer period as may be specified in the Notice of Breach) after the
City gives notice ("Notice of Breach") to the Owner and Developer of the failure to
perform, City shall have the right (but not the obligation), in addition to all other rights
available to City under this Agreement, by law, or in equity, to enter upon the Landscape
Parcel if deemed necessary by City and perform Owner's and Developer's obligation at
Owner's and Developer's cost, and all costs incurred by City shall be reimbursed by
Owner and Developer to City not later than ten (10) days after demand for payment is
delivered to Owner and Developer. Any costs so incurred by City in performing Owner's
and Developer's obligations under Section 3, 4, 6 or 7, which are not paid by Owner and
Developer when due, shall bear interest from the date due until fully paid at the rate of
ten percent (10%) per annum. Owner and Developer hereby grants permission to the City
and the City's agents, employees, contractors and other representatives to enter the
Landscape Parcel to perform Owner's and Developer's obligations pursuant to this
Section 9 and to inspect the Landscape Parcel and Landscape Improvements to determine
if Owner and Developer are complying with its obligations under this Agreement. To the
fullest extent allowed by law, Owner and Developer hereby waive any and all claims it
may now or hereafter have against City and City's employees, officers, agents,
contractors and other representatives as a result of entry onto the Property by City or
City's agents, employees, contractors and other representatives pursuant to this Section 9,
including without limitation claims for personal injury, death and damage to property.
10. Notices. Notices required or permitted to be given under the terms of this Agreement
shall be served personally, or sent by pre-paid United States certified mail, return receipt
requested, or by overnight courier, addressed as follows:
CITY:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
A TTN: Rick Smelser, Engineering Department
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OWNER:
John M. Filice, Trustee of the John M. Filice Family Trust dated
November 08, 1970; Lewis, Dick, & Brunson, LLC; Arcadia
Development Co.; and Glen Lorna Corporation
c/o \3 !{PrO fuR.r-rA
Ar<cAolA Ve:\J€u>PMcJJ-r CO.
I '5'0 AL-M~DlC.,,"I' f?L."O. 'ST€. /100
SIW JOSf: Cfr / /3
ATTN:
DEVELOPER: K. Hovnanian at Gilroy, LLC
C/O ft,.~ltqA.b &ALEG"'REf~.i
Y k. HiN.#JQIJiQAJ A-T&ill'O, LL&..
/:;~~:::~:~J~V;:r
ATTN:
and, in the event that Owner hereafter conveys the Property or any portion thereof, to
each successive Owner as shown on the tax rolls for Santa Clara County, California.
Notices shall be effective upon delivery to the required address, or upon attempted
delivery thereof if delivery is refused by the intended recipient or if delivery is prevented
because the intended recipient has failed to provide a reasonable means for
accomplishing delivery.
11. Recordation: Covenant Running With the Land. Upon execution of this Agreement by
all parties hereto, the City shall have the right to record this Agreement with the Santa
Clara County Recorder's Office. This Agreement pertains to and runs with the Property
and every part thereof and shall be deemed to run with the land, subject to this paragraph
below. This Agreement binds Owner, Developer and all successors in interest of all or
any portion of the Property, and all of their respective successors and assigns, subject to
this paragraph below. If Owner conveys, grants or transfers all or any portion of the fee
title interest in the Property or any portion thereof to another, such grantee or transferee
shall be jointly and severally responsible with Owner for complying with all of the terms
and conditions of this Agreement; provided however, that notwithstanding any other
provision in this Agreement, in no event shall any obligation of Owner or Developer or
their successors in interest be binding on the City, nor shall City be responsible for
complying with any obligations of Owner or Developer under this Agreement,
notwithstanding that all or any portion of the Property, including without limitation the
Landscape Parcel, has been conveyed, granted or transferred to City. Owner and
Developer shall advise City in writing of any changes in address of Owner or Developer
and of the names and addresses of any subsequent owners of the Property or any portion
thereof not later than ten (10) days after conveyance oftitle. Upon any subdivision of the
Property or any portion thereof, Owner's obligations under this Agreement shall be joint
and several among the owners of the subdivided lots or parcels; provided however, that
notwithstanding any other provision in this Agreement, in no event shall any obligation
of Owner or Developer or their successors in interest be binding on the City, nor shall
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City be responsible for complying with any obligations of Owner or Developer under this
Agreement, notwithstanding that any subdivided lot or parcel or portion thereof,
including without limitation the Landscape Parcel, has been conveyed, granted or
transferred to City. The obligations of Owner shall be the joint and several obligations of
any and all parties comprising Owner. The obligations of Owner and Developer shall be
the joint and several obligations of Owner and Developer.
12. Breach of Agreement. Any breach by Owner or Developer ofthe terms and conditions of
this Agreement shall be deemed a violation of the TM Approval and the AlS Approval.
In addition to any other remedy available to City under this Agreement, by law or in
equity, the City may bring an action against the Owner and/or Developer to enforce the
terms and conditions of the TM Approval, the AlS Approval and this Agreement.
13. Priority of Mortgage Lien. No breach of the covenants, conditions or restrictions of this
Agreement shall defeat or render invalid the lien or charge or any first mortgage or deed
of trust made in good faith and for value encumbering the Property, but all of said
covenants, conditions and restrictions shall be binding upon and effective against any
successor to the Owner who's title is derived through foreclosure or trustee's sale, or
otherwise, with respect to the Property.
14. Attornevs' Fees. If any party to this Agreement resorts to a legal action to enforce or
interpret any provision of this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees in addition to any other relief to which it may be entitled.
15. Miscellaneous Terms and Provisions:
(a) If any provision of this Agreement is adjudged invalid, unenforceable or void, the
remaining provisions of this Agreement shall not be affected thereby and shall
remain in force and effect.
(b) This Agreement contains the entire agreement between the parties relating to the
subject matter covered by this Agreement, and all prior or contemporaneous
agreements, understandings, representations or statements, oral or written, are
superseded hereby.
(c) The parties specifically acknowledge that the Project is a private 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.
[signatures begin on the following page]
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IN WITNESS WHEREOF, the parties have executed this Property Improvement and
Maintenance Agreement to be effective on the day and year set forth above.
OWNER:
. e, Trustee ofthe John M. Filice Family Trust dated November 08, 1970
By:
Title:
G o~v i1 A
--;4 tfi1e: <:::
9'-/'3 - /,0
OL (c.:e
Name:
Date:
Lewis, Dick, & Brunson, LLC,
a California limited liability company
By: rs~ cQ-
Name: j3RAO OIA t'ZG-A
Title: VlGE- p,zf;:S IO€:NT
Date: 9- /? r 2-6l 0
Arcadia Development Co.,
a California corporation
BY:~
Name:~(J...r<..(-rA
Title: VI CE:- f'Re~ I OF 1'-!\
Date: ~- I? ,.1-0 (0
[signature continued on the next page]
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Glen Lorna Corporation,
a California corporation
BrtD ~
Name: -::;d~ IN M rq L (c e
I}&>/ rJ;;;-
r~ 1';- /0
Title:
Date:
DEVELOPER:
K. Hovnanian at Gilroy, LLC, a
a California limited liability company
}l, )' . JJJI1JJIJt --"
~ --
Name: R,'r.II;7l4.tJJ. IAI.~S1'RE~"
Title: 1- fJ.!k1"lS'''''"oN f pJQhni7
Date: f./'f./O
[City's signature appears on the next page]
IKKS\822031.7
091210-04706084
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CITY:
CITY OF GILROY,
a munici al corporation
By:
Name: Thomas J. Haglund
Title: City Administrator
Date: 3t.p~mbev Jf, ~(O
ATTEST:
/
/ r(('
By:
\KKS\822031.7
091210-04706084
APPROVED AS TO FORM:
~~~.d~,~
City :\ttOfRit)' ~-'I..{ ~IIV'\ s~1
12
STATE OF CALIFORNIA
COUNTY OF ~A..Nm- tL-A:~A
}
ss.
On SEP1lSlYl~€fZ- I?, ZoIO , before me, f ~(<..L,y ~FfE-N ,
Notary Public, personally appeared 00ftN M .. PI L.ICE:- , who proved to
me on the basis of satisfactory evidence to be the person~ whose name~) isfat:e subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
hi~~rftheir authorized capacity~, and that by hislher/their signature~on the instrument the
perso~, or the entity upon behalf of which the personfs1 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. lit ~ ~ ~ .- l';;f, ~Fe.- --1
Smyhan an ficialse I. ~~ ~~~=
(Seal) _ IaNO CIaIG ~ =l
.... - - ~~-~-~~~
DESCRIPTION OF ATTACHED DOCUMENT
Number of Pages
STATE OF CALIFORNIA
COUNTY OF SANTA (!L-Af<.A
} ss
On <S6PfEM\?Ejl. \'3 I 2.0\0 , before me, fJ4f:.LY KA;LJ<..OfFE..N ,
Notary Public, personally appeared .f)~A-O '()U lZ(~A , who proved to
me on the basis of satisfactory evidence to be the personW whose name~ iskfe subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
hisAier/tkdl authorized capacity~, and that by hisfkel1~llI'dl'ir signature~ on the instrument the
perso~, 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.
and and fficial seal.
(Seal)
. ~..1""
NCMaIy N:IIc . C_J."
IanIa c-.~
_CclmIft. ..........
DESCRIPTION OF ATTACHED DOCUMENT
Number of Pages
\KKS\822031.7
091210-04706084
13
STATE OF CALIFORNIA
COUNTY OF
}
ss.
On , before me, ,
Notary Public, personally appeared , who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
hislher/their authorized capacity(ies), and that by hislher/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.
WITNESS my hand and official seal.
(Seal)
(Signature)
DESCRIPTION OF ATTACHED DOCUMENT
Number of Pages
STATE OF CALIFORNIA
COUNTY OF "t~1 ......~ }
ss.
On ~\neA n\'2P\D , before me, \..er("\-e ~ ~ '
Notary Public, ersonally appeared "Ilk.~~ ~6...~r\ , who proved to
me on the basis of satisfactory evidence to be the person~) whose name(~ is/~ subscribed to
the within instrument and acknowledged to me that he/sfte,~key executed the same in
hislbef.'tR8ir authorized capacity(~, and that by his/ReF,~k8ir signature(4 on the instrument the
person~), 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.
WITN~~nd and official seal.
~~, --l dL !NJ\
(Signa ure)
(Seal)
rl-W~
. CIMIIII...... II ,1IltI7
MItIry MIIc . CIIfIrM
,.~~.
_ .. _ _ _ Jt4 _ 4
DESCRIPTION OF ATTACHED DOCUMENT
Number of Pages
\KKS\822031.7
091210-04706084
14
STATE OF CALIFORNIA
COUNTY OF
}
ss.
On , before me,
Notary Public, personally appeared , who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
hislher/their authorized capacity(ies), and that by hislher/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.
WITNESS my hand and official seal.
(Seal)
(Signature)
DESCRIPTION OF ATTACHED DOCUMENT
Number of Pages
STATE OF CA~IFORNI01 '"' .1.
COUNTYOF:n.f\~~~ ss.
On 1\ D
Notary Public, personally appeared f(\ I , who proved to
me on the basis of satisfactory evidence to be the person ~ w se name()X})/Me'subscribed to
the within instrument and acknowledged to ~ that ~hefthey executed the same in
~er-4beir authorized capacity(~, and that b~eF4fteir signature~n the instrument the
person~, 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.
hand and official seal.
(Seal)
tn-i-~--~~_---l
. CommlUlOn II 17_
I Notary PuMc . C__. I
Ianta CIGra CounIr
DESCRIPTION OF A TT ACHED DOCUMENT
Number of Pages
\KKS\822031.7
091210-04706084
1
EXHIBITS A-I and A-2
LEGAL DESCRIPTIONS OF PROPERTY
[Legal Description of Filice/LDB Property To Be Attached as Exhibit A-I, and Legal
Description of Arcadia/Glen Loma Property To Be Attached as Exhibit A-2]
\KKS\822031.7
091210-04706084
2
EXHIBIT 'A-I'
LEGAL DESCRIPTION
All that certain Real Property situate in the City of Gilroy, County of Santa Clara, State of
California, described as follows:
Remainder Lot D, as shown on that certain map entitled "Tract No. 9519 Deer Park Phase I",
which was filed in the office of the recorder of the County of Santa Clara, State of California on
October 01,2003 in Book 764 of Maps, Pages 40 through 49.
EXHIBIT 'A-2'
LEGAL DESCRIPTION
All that certain Real Property situate in the City of Gilroy, County of Santa Clara, State of
California, described as follows:
Remainder Lot A, as shown on that certain map entitled "Tract No. 9519 Deer Park Phase I",
which was filed in the office of the recorder of the County of Santa Clara, State of California on
October 01,2003 in Book 764 of Maps, Pages 40 through 49.
EXHIBIT B
[Description of Approved Landscape Plans to be Attached as Exhibit B)
\KKS\822031.7
091210-04706084
l
EXHIBIT 'B'
Description of Approved Landscape Plans
The plans titled "Landscape Architectural Drawings East Rancho Hills - Santa Teresa Blvd."
prepared by Nuvis Landscape Architecture, dated 8/25/1 0 and containing 10 sheets. Copies of
the approved plans are on file with the City of Gilroy in the office of Community Development
Department, 7351 Rosanna Street, Gilroy, California 95020.
ENCOMPASS NO:
DATE:
NUMBER:
PROJECT LOCATION:
PARCEL NUMBER:
OVVNERn)EVELOPER:
MAILING ADDRESS:
TELEPHONE NO:
PREPARED BY:
Account No. Key Code
1DO-2601-QOOO..3625 4904
100-2601-0000-3605 4702
420-2600-0000-3660 4501
432-2600-0000-3660 3301
433-2600-0000-3660 4905
435-2600-0000-3660 4509
436-2600-0000-3660 4510
440-2600-0000-3660 4515
720-0433-0000-3620 2202
801-2601-PWDO-3899 4703
801-2601-PWDO-3899 4703
Payment Bond
Performance Bond
COST SCHEDULE
Fees Last Revised July 2, 2007
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
E1
i27~Au~10li,~S;;: .
Revised:
Revision Number:
Revision By:
9/1412010 1:38 PM
;)t~M'U;;;"-U^'I--;~iWfQlQil'.:::;a~.JD;",i"k:.~ii~nJ~lP._~;'lO!!Mft::i:;;~i'"iIiiiJIt~~rr1.' I
~..ni ,'~I'; C8,r;:aml _ . i_.....Si ~C _r~1 _,,_,--..liill~""'O ,,", .,,,.,,.r
" ,~~:2~1:/'~ '
>~ , <, <';. t'~ :t.A,':7f/r~ft,' :":~~t~', (~'::~~,~,S:;~~_i0Y\T:: .JF*":j~j;:.:'
$1,785.60
$16,909.50
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
"/V~3J'~~~JA~"
Fee:
Credits:
Amount Due: Account Descrlptfon:
$1.785.60 Special PubHc Works Serv
$16.909.50 Engring Plan Check & IlISp
$0.00 Storm Development Fee
$0.00 Str Tree Development Fee
$0.00 TraffIC Impact Fee
$0.00 Sewer Development Fee
$0.00 Water Development Fee
$0.00 Public Facility Impact Fee
$0.00 Canst Water Use Fee
$0.00 Reimbursements
$0.00 Other Reimbursements
$18,695.10
... ;"'7{,~P;~~~tiO\;
$O:OO~; .
'::';~tQ~20.
. ;;~.OO
~Ioo~;
,;;-"$O:ilQ ,
Total
$149,095
$149,095
(1 )
:.,~~jk~\lr~'6:: ::~:r.:~?~::'~::;:'~~: .,~
Paid on Invoice #
G:\COMDEV\ENGINEERINGIFEES\Project Cost Schedules\TRACT 9966 DEER
9/1412010 1 :38 PM
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
I
JIM MAESTRI 408-846-0244
FINAL ENGINEERING
COST SCHEDULE TYPE: COST ESTIMATE? PLAN CHECK? INCENTIVE AGREEMENT FEES
IDEFER PUBLIC FAOLITY FEE ? TO PERMIT? TO FINAL
DEFER SEWER. WATER, TRAFFIC FEES? TO PERMIT? TO
NOTE: This Prellminllly Cost Schedule Is an estimate and will be adjusted to the rates in effect at the time pennits are Issued.
Site Infonnation:
Residential-Low ?
Residential-High ?
Commerclal-Low ?
Commercial-High?
Industrial-General ?
Indl!StriaJ..Warehouse ?
Assembly Hall?
Common Area?
SqFt
CommerclaVlndustrial Allocations:
Reimbursements and credits:
Country Estates Water System?
Southeast Quadrant Hydrology Study?
Obala Industrial Par\( Credn?
Front Foolage/Square Foolage Charges and Construction Water:
FF:
Pavement SF:
Sewer FF:
FF: Const Water Acres to
FF:
$1.785.60
$0.00 Fee 10 NO-FINALM
$0.00 Fee 10 NO-PARCELM
$0.00 Fee 10 N-ASSESM
$0.00 Fee 10 N-5o-aUAOA
SPECIAL PUBLIC WORKS SERVICES
100-2601-0000-3625
Maps:
Final Map
$2.355.00 +
$15.00 / lot
~,
Parcel Map
$2.560.00 +
$15.00 / lOt
;N'
Re-assessment Map (Assessment District Parcels)
$285.00 +
$30.00 / lot
'N
Administration Fees:
Southeast Quadrant Hydrology Study
(NOt Included)
;~
Seaming Fee (For Improvement Plans. multiply # of sheets by 2 - scanning to be done at the beginning and end of the project)
11.10:; # of Sheets for Map and $9,00 / sheet II $0.00 Fee 10 NO-SCAN
Improvement Plans
COST SCHEDULE (2)
Fees Last Revised July 2, 2007
G;\COMDEVlENGINEERfNG\FEES\Project Cost Schedu/es\TRACT 9966 DEER
9/1412010 1 :38 PM
Miscellaneous Engineering Services:
(Cost Schedules, Ag~ents. R/W Reviews and Other Misc. Services)
I;J~J:~11 hr Mlsc Services $178.56 / hr.
4'(J
$1 ,785.60
Fee 10 N-MISC
ENGRlNG PLAN CHECK & INSPECTION
(Based on total cost of public right-of-way improvements)
IIJ~illoj hr Site grading and
reinspectlon charges
100-2601-0000-3605
COST
ESTIMATE
COST ESTIMATE
FINAL ENGINEERING PLAN CHECK
J:~ $0.00 Fee 10 NO-GRAOINS
FINAL ENGINEERING
PLAN CHECK DIFFERENCE
Fee 10 NO-PCKINSP
$16,909.50
$0.00
$178.56 / hr.
Estimated Cost of Public Improvements
12% $0 to
$100.000
($16,909.50)
10%
$100,000
to
$200,000
"~
$4,909.5OY'
$0.00
8%
over
$200,000
IX.
$0.00 y;
$0.00
Payment Bond Amount for Offsite Improvements
Performance Bond Amount for Offslte Improvements
$149,095
$149,095
IMPACT FEES
Stonn Drain Impac;t Fee
420-2600-0000-3660
$0.00
b.Residentlal-High
$688.00 / acre iJocJ $0.00 Fee 10 NO-SO-lO
$1,080.00 / acre loci $0.00 Fee 10 NO-SO-HO
$1,864.00 / acre Ji!" $0.00 Fee 10 NO-SD-C
$1,375.00 / acre 'tel $0.00 Fee 10 NO-SD-I
$688.00 / acre ~XJ $0.00 Fee 10 NO-SD-AH
a.Residential-low
c.Commerclal
d.lndustrial
e.Assembly Hall
Obata Industrial Park Credits
Obata Fee Credit
(Based on reimbursements due from oversized storm facilities)
$1,170.00 / acrej,~ $0.00 FeeION-SO-QBATA
Street Tree F..
432-2600-0000-3660
$0.00
$0.00 Fee 10 NO- TREEPl T
$0.00 Fee 10 NO-TREE INS
$0.00
$0.00 Fee 10 N1-TRAF-lO
$0.00 Fee 10 N2-TRAF-HO
$0.00 Fee 10 N3-TRAF-Cl
$0.00 Fee 10 N3- TRAF-CH
$0.00 Fee 10 N4-TRAF-IG
$0.00 Fee 10 N4-TRAF-IW
a.City Planting and Replacement
. $3.06 / f.f.x
Lilli
0.0 =
b.lnspection and Replacement
$0.41 / f.f. x
'y
0.0 =
Traffic Impact Fee
a.Residential-low
433-2600-0000-3660
$11,809.00 / unit
$9,572.00 / unit
$13,065.00 / k.s.f.
$26,390.00 / k.s.f.
$5,178.00 / k.s.f.
$3,753.00 / k.s.f.
y
b.Residential-High
c.Commerclal-low Traffic
(< 10.75tripsl1000 sf)
d.Commercial-Hlgh Trafflc
(>= 10.75 trips/1000 sf)
y
y
iy
e.lndustrial-General
sy;
f.lndustrial-Warehouse
::'(
COST SCHEDULE
(3)
Fees Last Revised July 2, 2007
G:\COMOEVIENGINEERING\FEES\Project Cost Schedules\TRACT 9966 DEER
S_r Impact Fee
a.Resldential-Low
b.Residential-Hlgh
c.Commerclalllndustrial
9/14/2010 1:38 PM
435-2600-0000-3660
$12,531.00 I unit Iy:!
$0.00
$0.00 Fee 10 N1-SS-LO
$6,781.00 I unit
~::W<
&~
$0.00 Fee 10 N2-SS-HO
$3,966.00 I cgpd
(yl
$0.00 Fee 10 N5-SS-C11
Obata Industrial Park Credits
Obata Fee Credit
(Based on reimbursements due from oversized ~r facilities)
$531.00 I acre li!? $0.00 Fee 10 N-SS-OBATA
Water Impact Fee
a.Residential-Low
b.Residential-Hlgh
c.CommerclaVlndustrlal
436-2600-0000-3660
$5,236.00 I unit 11)11
$0.00
$0.00 Fee 10 N1-WATR-LO
$2,118.00 I unit
$0.00 Fee 10 N2-WATR-HO
y
$8,208.00 I kgpd
"V,
$0.00 Fee 10 N5-WTR-C/1
Obata Industrial Park Credits
Obata Fee Credit
(Based on reimbursements due from oversized ~ter facilities)
$154.00 I acre ''1(1 $0.00 Fee 10 N-WR-OBATA
Public Fac:llltl.. Impact Fee
a.Residential-Low
b.Resldential-High
c.Commercial
d.lndustrial
Water User Fee (Construc:tlon)
440-2600-0000-3660
$21,586.00 I unit ii
$0.00
$0.00 Fee 10 N1-PF-LD
$18,286.00 I unit
'Y
$0.00 Fee 10 N2-PF-HO
$3,139.00 I k.sJ.
,,!
"f
$0.00 Fee 10 N3-PF-C
$0.00 Fee 10 N4-PF-1
$1,394.00 I k.sJ.
n0-0433-0000-362O
$2.90 I f.f.
plus
$176.55 I a.c.
It;riMl
$0.00 Fee 10 NO-CONWTFF
$0.00
$0.00 Fee 10 NO-CONWTAC
(Used \0 charge and reimburse fees for existing infrastructure)
801-2601-PWDO-3899
FRONT FOOT CHARGES
Water
Water Mains, including lire hydrants. valves and box:
(Developer is responsible for up to and Including 12' mains)
Half Pipe
$45.00 I LF x
6 Inch
Main
8 1ncl1 Main $47.00 I LFx
10 inch Main $54.00 I LFx
12 inch Main $59.00 I LFx
14 inch Main $65.00 I LFx
16 inch Main $71.00 I LFx
18 inch Main $78.00 I LFx
24 inch Main $95.00 I LFx
30 inch Main $105.00 I L.Fx
36 inch Main $122.00 I L.F x
Country Estates Water System (Not Included)
COST SCHEDULE
Fees Last Revised July 2, 2007
$0.00
$0.00 Fee 10 N-WR06-112
$0.00 Fee 10 N-WR08-112
$0.00 Fee 10 N-WR10-112
$0.00 Fee 10 N-WR12-112
$0.00 Fee 10 N-WRl4-112
$0.00 Fee 10 N-WR16-112
$0.00 Fee 10 N-WR16-112
$0.00 Fee 10 N-WR24-1/2
$0.00 Fee 10 N-WR30-112
$0.00 Fee 10 N-WR36.1/2
."""""'"
It:!! $0.00 Fee 10 N-WR-RESCE
(4)
G:\COMOEVIENGINEERING\FEESIProject Cost Schedules\TRACT 9966 DEER
NOTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the time Building Permits are issued.
The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated
fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the
difference. Site grading and reinspection charges including reinspection of backyard drainage will be billed at the
Engineering Division hourly rate in effect at the time of inspection.
JoIm ~~ of The JoIm M. Fili"" F".;ly Tnm d,"" Novan"'" 08, 1970
BY:~
Name: :Id~P ftt f! ~~e
Title: ~?~
Date: 7~/3-/d
Lewis, Dick, & Brunson, LLC,
a California limi liability company
Title:
By:
Name:
Date:
:~;f~;'_OO
Name:~~~ tr~
Title: ~ I CE f' K f.S If) e::: N'--
Date: q"..t1 ' 'ZJ:> I 0
Glen Lorna Corporation, a California corporation
By: ~ ~/
Name: ~ L. w 1M 17 {y. (:.p
Title: H-c~~Je~
,
Date: 7-~"3 -~ 0
K. Hovnanian at Gilroy, LLC, a
a California limited liability company
By. ,IMJAJJJIM
I~
Name: R.U1J.rAD J: 8AL.r~"'~~A"
Title: II- I. /J'f'iS1f~DN ~ II qnnll1q
I
Date: 1'/1./"