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PIA No. 94-31 - Custom One, Inc. // RECORDING REQUESTED BY: ci ty of Gilroy WHEN RECORDED, MAIL TO: Susanne E. steinmetz ci ty of Gilroy 7351 Rosanna Street Gilroy, CA 95020 N 7 7 6 PA GE 0 I 30 REC FEE RMF r:;:CRO RTCF Uf:rt S~<~Ff 8 PCOR ("'----" 12819934 !C?,0~' Property Improvement Agreement Custom One, Inc. DOCUMENT TITLE FILEDfOH ~iECORD AT HEOUEST OF , ~ elf,! ~ bcfry,y 95 MAR -I PM 2: 47 OFFICI L GU;WS SANTA CLAR.A COU;HY G R !7;-' D " n ,~, tl '. ;,~ \T[t~.' ~~t i3-t-;:i~ lJ (SPACE ABOVE THIS LINE FOR RECORDER'S USE) SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 N 7 7 6 PA GE 0 I 3 I RECORDING REQUESTED BY: . ci ty of Gilroy WHEN RECORDED, MAIL TO: city of Gilroy 7351 Rosanna Street Gilroy, CA 95020 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. 94-31 This agreement made and entered into this 21st day of February , 199~, by and between the city of Gilroy, a municipal corporation, herein called the "c~ty" and Custom one. Inc. , a real property owner developer or subdivider, herein called the "Developer". WHEREAS, a final map of subdivision, record of surveyor building permit (site clearance) application has now been submitted to the city for approval and acceptance, covering certain real estate known as and called: Tract No. 8668. solis Heiqhts. APN 790-20-069 & 070 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, general plant and appurtenances, and the city is agreeing to discharge those respons~bilities. NOW THEREFORE, in consideration of the premises and in order to carr~ 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 cit~ of Gilroy, the current zoning ordinance, and the currently adopted Uniform Bu~lding Code. SECTION 2 The Developer agrees: a. To perform each and every prov~s~on 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 cit~ in order that its water, electricty, and/or sewer lines in or to sa~d real property may be extended. -1- H 11 6 PA GE 0 I 32 c. To indemnify and hold the city harmless and free from all damage and liabili ty done to any utility, public bcili ty 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 accordin9 to the grades( plans and specifications thereof, all as approved by the citI Eng1neer, and shall furnish two (2) good and sufficient bonds. .one sha 1 be executed in the face amount of no less than $ ~06 rg2f. op , and the other shall be executed in an amount no less t an 0% 0 the above mentioned bond and shall secure payment to the contractor, his subcontractors and to persons renting equipment or furnishin9 labor or materials to them for the improvement hereunder, and as prov1ded for in section 4200-4210 of the Government Code of the'state of California( the Codes, ordinances, Resolutions, and Regulations of the city, and th1s 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 bend for m~intenance, 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 concernin9 the particular real estate referred to above, being attached hereto, are hereby 1ncorporated 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 here1n 1S made an express condit10n precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the city from any and all obligations hereunder and the city, at its election, may enforce the performance of any provision herein, or any right accruing to the City or ma~ pursue any remedy whatsoever it may have under the laws of the State of Ca11fornia 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 se~arately to each parcel and the Developer of each parcel shall succeed to the ob11gations imposed on Developer by this agreement. -2- H176PAGEO 133 SEC'l'ION 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 proper If dispose of any wells, septic tanks and underground fuel storage facil1tes. NOTE: The capping of any well will require inspection by the Santa Clara valley water District. schedule the construction of ~rovements alon~ existing public roads so that the work affecting veh1cular traffic 1S completed with a minimum interruption to traffic. 2. 3. All work within the public right-of-way shall be subject to the approval of the city Engineer. 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. Locat10n 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 IN WITNESS WHEREOF, city has $ 240,578.25 steinmetz APPROVED AS TO FORK: ~- IN WITNESS WHEREOF owner has executed this agreement as of ';;'/;5:11 S' OWNER eO'sr-:;. 6>1'/6 ;;:,.L I A c..... ~ 4""" 15ft /~_ ~__I /"- , DATE .:2/;J-- If.:'" 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 1 7 6 PA GE 0 I 34 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On February 15, 19?5before me, Patricia K. Bentson, Notary Public, GARY A. A TON P persona y no to me (or prove to me on t e aSLS 0 satLs actory 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 hLs/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS~~~ 0 fficial.s. eal. ) ~ 9~~- ) ch--- signatu ...., . .~~. ~. ~. 40814, c~; -, U81 OFFICIAL SEAL Patricia K. Bentson NOTARY PUBLIC. CALIFORNIA SANTA CLARA COUNTY My Comm. Expires June 9. 1995 -4- H 1 :16 PA GE01-3-5 "< _. ___--:~-~~........--..........~ ... . ...-,'~...c,' ...'...:......,.,;.11", 389/23 '" '" .... JI> J> '\" '\ \ \,... /-~ ~ ~ J I W I I onon . I 389/24 - ~ ~ T rs-~. W~~ \01 \ J 6JTE I I -2.J:::O I O,"'~8 -i ~' ~------_. == ~ ~ ~ ~ ~ ~ ~ . ILL LI j 'Ill TO -.-- - I .) :: ~. .} ~ ,:; ; ~@~;;///~ EL"C~~~~R ~'" =~ ~V7\~ I n= .~ 777///~ c:::J ..... -~ ---., ~de~!' lWa~ - c~ ""'1 ~~ IIbrb c. I ~~ ~ 01 J ~. /7- I I I I ,~ . . I /1 I '-~V5/:s I- _ 0 ~i~l~~i~~I.D~I~L~I~~~ ~'~ ,;~:~..~I~:.~~ ~ ~ kJmbnlo ! HI ~- i \ ' !:j 410171/\2\5 .e- ~ r a I :- I I 9 3 / I 6 ~a~ -'..~ ;,.,.,. I I rlc 'I fit ~ -- 1 ') ...... ......;1 V \ EXHIBIT A VICINITY MAP DEVELOPMENT AGREEMENT 94-31 Tract 8668 N7 i7 6 PAGED 136 DATE: 24-Aug-94 CITY OF GILROY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION FINAL CHARGES NUMBER: 94-31 PROJECT LOCATION: Kern Ave.,Tract 8668 PARCEL NUMBER: 790-20-069 & 070 OWNER/DEVELOPER: Silicon Valley Properties, Inc. MAILING ADDRESS: 2620 Augustine Drive, Suite 120, Santa Clara, Ca. 950 TELEPHONE NO: 408-727-9300 PREPARED BY: Mark Fachin ----------------------------------------------------- Key G/L Account Account No. Code Fee: Credits: Amount Due: Description: ---------------------- ------------- ------------ ------------ ------------ 100-2600-3-600400 4904 $4,119.18 $0.00 $4,119.18 PW Services 100-2600-3-600412 4702 $19,653.82 $0.00 $19,653.82 Plan Ck/Insp 410-2400-3-629000 3302 $96,404.00 $0.00 $96,404.00 Park Fee 420-2600-3-680200 4501 $971. 94 $0.00 $971. 94 Storm. Fee 431-2600-3-680300 5001 $0.00 $0.00 $0.00 Undrgrnd Fee 432-2400-3-625000 3301 $2,764.70 $0.00 $2,764.70 Tree Fee 433-2600-3-681000 4905 $38,388.00 $0.00 $38,388.00 Traffic Fee 434-1400-3-680000 4402 $5,026.00 $0.00 $5,026.00 Police Fee 435-2600-3-671000 4509 $38,178.00 $0.00 $38,178.00 Sewer Fee 436-2600-3-695000 4510 $21,742.00 $0.00 $21,742.00 Water Fee 437-1500-3-680000 4511 $1,106.00 $0.00 $1,106.00. Fire Fee 720-0433-3-690000 2202 $1,207.10 $0.00 $1,207.10 Const Water 801-0000-2-229015 4703 $11,017.51 $0.00 $11,017.51 Reimbrsmnts 801-0000-2-229015 4703 $0.00 $0.00 $0.00 xxxxxxxxxxxx 801-0000-2-229015 4703 $0.00 $0.00 $0.00 XXXXXXXXXXXX Totals................ $240,578.25 $0.00 $240,578.25 ------------ ------------ Bonds and Securities $309,039 -------------- -------------- SERVICE CHARGES ( 1) N 7 7 6 FA GE 0 I 37 CITY OF GILROY DEPARTMENT OF PUBLIC WORKS DEVELOPMENT COST SCHEDULE FINAL ESTIMATE No. 94-31 Date 24-Aug-94 Prepared by Mark Fachin NOTE: This 100 % cost schedule has been adjusted to the rates in effect at the time Building Permits were issued. Location of Property Kern Ave.,Tract 8668 Assessor's Parcel No. 790-20-069 & 070 Name of Applicant Silicon Valley Properties, Inc. 2620 Augustine Drive, Suite 120, Santa Clara, Ca. 950 Mailing Address 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? Lots: units: Sq Ft: Acres: 14 14 2.910 0 0 0.000 0 0 0.000 0 0 0.000 0 0 0.000 0 0 0.000 0 0 0.000 0 0.000 Commercial/Industrial Allocations: Sewer GPD: o Reimbursements and credits: N Country Estates Water System? N Country Estates Sewer System? Water GPD: 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: Const Water: 1,128.45 0.00 278.22 0.00 278.22 Special Public Works Services 100-2600-3-600400 $4,119.18 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) 100% Y $3,725.00 $4,119.18 =------------ N $0.00 =------------ N $0.00 =------------ Y $0.00 =------------ Y $0.00 =------------ Y $0.00 =------------ H 1 7 6 PA GE 0 1 38 'Misc~llaneous Engineering Services: (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) 3 hr Misc Services $77.00 /hr. Y $231.00 =------------ Public Works Microfilming (Maps and Plans): 1- 6 sht $149.94 + $6.62 /sheet Y $163.18 =------------ 7-12 sht $191.84 + 13-18 sht $233.73 + $6.62 /sheet $6.62 /sheet Y $0.00 =------------ Y $0.00 =------------ # of Shts 2 Engring Plan Check and Inspection (Based on total cost of public right-of-way improvements) 16 hr Onsite grading $77.00 /hr. 100-2600-3-600412 $19,653.82 100% Y $1,232.00 $19,653.82 =------------ Actual Cost of Public Improvements 10% of first $100,000 8% of $100,000 to $200,000 7% of over $200,000 Offsite Improvements to be Bonded $206,026 Y $10,000.00 =------------ Y $8,000.00 =------------ Y $421.82 =------------ $206,026 Park Impact Fee 410-2400-3-629000 $96,404.00 a.Residential-Low $6,886.00 /unit 100% $96,404.00 Y $96,404.00 =------------ b.Residential-High $4,918.00 /unit Y $0.00 =------------ Storm Drain Impact Fee 420-2600-3-680200 $971. 94 a.Residential-Low $334.00 /acre Y 100% $971. 94 $971. 94 =------------ b.Residential-High $501.00 /acre Y $0.00 =------------ c.Commercial $668.00 /acre Y $0.00 =------------ d.Industrial $751. 00 / acre Y $0.00 =------------ e.Assembly Hall $334.00 /acre Y $0.00 =------------ Obata Industrial Park Credits (Based on reimbursements due from oversized storm facilities) Obata Fee Credit $1,170.00 /acre Y $0.00 =------------ COST SCHEDULE ( 2 ) utility Underground Fee Nil 6 p~ GE 0 I 39 431-2600-3-680300 Front Footage 100% $0.00 $0.00 $118.36 / f.f. x 0.00 N =------------ Street Tree Fee 432-2400-3-625000 Front Footage 100% a.City Planting and Replacement $2.45 / f.f. x Y 1,128.45 = $2,764.70 =------------ ------------ b.Inspection and Replacement $0.34 / f.f. x N 0.00 = $0.00 =------------ ------------ Traffic Impact Fee 433-2600-3-681000 $2,764.70 $2,764.70 $38,38'8.00 a.Residential-Low $2,742.00 /unit 100% $38,388.00 Y $38,388.00 =------------ b.Residential-High $2,222.00 /unit $0.00 Y =------------ c.Commercial-Low Traffic (<= 4 trips/1000 sf) $3,032.00 /k.s.f. Y $0.00 =------------ d.Commercial-High Traffic (> 4 trips/1000 sf) $6,127.00 /k.s.f. Y $0.00 =------------ e.Industrial-General $1,184.00 /k.s.f. Y $0.00 =------------ f.Industrial-Warehous $872.00 /k.s.f. $0.00 y =------------ Police Impact Fee 434-1400-3-680000 a.Residential-Low 100% $359.00 /unit y $5,026.00 =------------ $529.00 /unit y $0.00 =------------ $561. 00 /k.s.f. y $0.00 =------------ $18.00 /k.s.f. y $0.00 =------------ b.Residential-High c.Commercial d.Industrial COST SCHEDULE ( 3 ) $5,026.00 $5,026.00 Sewe~ Impact Fee H 11 6 PA GE 0 , '-+ 0 435-2600-3-671000 $38,178.00 a.Residential-Low $2,727.00 /unit 100% $38,178.00 y $38,178.00 =------------ b.Residential-High $1,948.00 /unit y $0.00 =------------ c.Commercial/Industrial $950.00 / 100 gals./day y $0.00 =------------ Country Estates Sewer Trunk Main (Not Included) Y $0.00 =------------ Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531.00 /acre Y $0.00 =------------ Water Impact Fee 436-2600-3-695000 $21,742.00 a.Residential-Low $1,553.00 /unit 100% $21,742.00 Y $21,742.00 =------------ b.Residential-High $1,109.00 /unit Y $0.00 =------------ c.Commercial/Industrial $2,360.00 / 1,000 gals./day 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 Impact Fee 437-1500-3-680000 $1,106.00 d.Industrial 100% $79.00 /unit Y $1,106.00 =------------ $105.00 /unit Y $0.00 =------------ $70.00 /k.s.f. Y $0.00 =------------ $9.00 /k.s.f. Y $0.00 $1,106.00 a.Residential-Low b.Residential-High c.Commercial =------------ Water User Fee (Construction) 720-0433-3-690000 y $1,207.10 =------------ 100% $1,207.10 $2.58 / f.f. + $168.14 /a.c. COST SCHEDULE (4) Frbnt Foot Charges: (Ysed to charge and reimburse fees for existing infrastructure) N 11 6 PA GE 0 \ 4 , Water 801-0000-2-229015 $0.00 Water Mains, including fire hydrants, valves and box: (Developer is responsible for up to and including 12" mains) 100% $0.00 Half Pipe ---------- 6 " Main $12.50 / f.f. x 8 " Main $13.50 / f.f. x 10 " Main $15.00 / f.f. x 12 " Main $16.50 / f.f. x 14 " Main $18.50 / f.f. x 16 " Main $20.50 / f.f. x Country Estates Water System (Not Included) Sewer Front Footage N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ Y $0.00 =------------ 801-0000-2-229015 $3,477.75 100% $3,477.75 Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) Half Pipe ---------- 6 " Main $12.00 / f.f. x 8 " Main $12.50 / f.f. x 10 " Main $14.00 / f.f. x 12 " Main $15.50 / f.f. x 15 " Main $19.00 / f. f. x Front Footage N 0.00 = $0.00 =------------ ------------ Y 278.22 = $3,477.75 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ Northwest Quadrant Sewer Trunk Main (Not Included) Y $0.00 =------------ Country Estates Sewer Trunk Main (Not Included) Y $0.00 =------------ COST SCHEDULE (5 ) . street Improvements Pavement 3" AC on 8" AB 3" AC on 10" AB 3" AC on 12" AB 3" AC on 15" AB Sidewalk 4" on 4" and driveway Curb/Gutter on 6" Storm Drain N116PAGEO' 42 801-0000-2-229015 Square Footage 100% $7,539.76 $7,539.76 $2.42 x 0.00 = $0.00 ------------ $2.71 x 2,782.20 = $7,539.76 ------------ $2.99 x 0.00 = $0.00 ------------ $3.43 x 0.00 = $0.00 ------------ Square Footage $4.43 x 0.00 = $0.00 Front Footage $14.39 x 0.00 = $0.00 801-0000-2-229015 100% $0.00 $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 21 " Main $20.50 / f.f. x 24 " Main $22.00 / f.f. x 27 " Main $23.50 / f.f. x 30 " Main $25.00 / f.f. x 33 " Main $26.50 / f.f. x 36 " Main $28.00 / f.f. x 42 " Main $31.00 / f. f. x 48 " Main $34.00 / f.f. x 54 " Main $37.00 / f.f. x 60 " Main $40.00 / f.f. x 66 " Main $43.00 / f. f. x 72 " Main $46.00 / f.f. x 78 " Main $49.00 / f. f. x COST SCHEDULE N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ (6 ) 96 " Main $52.00 / f.f. x $55.00 / f.f. x $58.00 / f.f. x N t~ 1 i1 6 PA GE 0 , t.3 0.00 = $0.00 ~ . 81J, '\ Main =------------ ------------ \ 90 " Main N 0.00 = $0.00 =------------ ------------ N 0.00 = $0.00 =------------ ------------ Bonds and Securities * Not included in TOTAL DUE 801-0000-2-229015 * $309,039 (est) 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. A ~~/.} /_n Cu.! TO"'\ "^' Go; 7:'V '- '/ '1"" ----p -...,-' Accepted by: I~ UJdInJ Date: ~..r/Y5 COST SCHEDULE (7)