PIA No. 2001-01 - Eagle Ridge Development Company
. ,
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Rhonda Pellin
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 15562145 Titles: 1/ Pages: 23
-0015562145-
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Fees. . .
Taxes.
Copies.
AMT PAID
73.00
73.00
ROE ** 001
2/15/2001
2:33 PM
(SPACE ABOVE TIllS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 2001-01
Tract 9312, Eagle Ridge, Phase IV
AP.N. 810-44-010 & 011
Eagle Ridge Development Company, LLC
1
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. 2001-01
This agreement is made and entered into this 5th day of February , 2001, by and between
the City of Gilroy, a municipal corporation, herein called the "City" and Eagle Ridge Development
Company. LLC. 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 9312. Eagle Ridge. Phase IV. APN 810-44-010 & 011. 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 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.
2
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 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 approved by the City Engineer. Developer shall furnish two good and sufficient bonds,
a Payment Bond on forms provided by the City and a Faithful Performance Bond, both of which shall
be secured from a surety company satisfactory to City with a minimum "A: VII" rating with Best's
Rating Guide. Each bond shall set forth a time period for performance by the contractor of its
obligations and the terms and conditions on which the City may obtain the proceeds of the bond. The
Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) of the
total estimated amount payable for the improvements described in this agreement, and 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 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 improvements by Developer and
acceptance of the improvements by City, to guarantee the repair and replacement of defective
material and faulty workmanship. Upon completion of the improvements by Developer and
acceptance of the improvements by City, Developer, at the City's discretion, 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 period. The
Payment Bond shall be in an amount not less than: (1) One hundred percent (100%) of the total
estimated amount payable for the improvements described in this agreement when the total estimated
amount does not equal or exceed five million dollars ($5,000,000); (2) Fifty percent (50%) of the
total estimated amount payable for the improvements described in this agreement when the total
3
amount is not less than five million dollars ($5,000,000) and does not exceed ten million dollars
($10,000,000); and (3) Twenty-five percent ofthe total estimated amount payable for the
improvements described in this agreement when the total amount exceeds ten million dollars
($10,000,000). The Payment Bond shall secure the payment of those persons or entities to whom the
Developer may become legally indebted for labor, materials, tools, equipment or services of any kind
used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to
be withheld thereon. The Payment Bond shall provide that the Surety or Sureties will pay the
following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable
attorneys' fees to be fixed by the court if suite is brought upon the bond: (1) amounts due to any of
the persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment
Insurance Code with respect to work or labor performed for the improvements described in this
agreement; and (3) any amounts required to be deducted, withhold, and paid over to the Employment
Development Department from the wages of employees of the Contractor and Subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor.
The Payment Bond shall, but its terms, insure to the benefit of any of the persons named in Civil
Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought
upon the bond. Simultaneously with the submission of its building permit application (Site
Clearance), the Developer shall furnish the name, address and telephone number of the surety or
sureties that the Developer proposes to furnish the Payment Bond and: (1) the original, or a certified
copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or
authorizing the person who executed the bond to do so; (2) a certified copy ofthe certificate of
authority ofthe insurer issued by the Insurance Commissioner; (3) a certificate from the Clerk of the
County of Santa Clara that the insurer's certificate of authority has not been surrendered, revoked,
canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted;
and (4) copies of the insurer's most recent annual statement and quarterly statement filed with the
Department of Insurance.
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
4
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 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 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 agraemont, 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
5
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.
6
SECTION 9
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOT AL AMOUNT DUE CITY
$400.806.95
IN WITNESS WHEREOF, City has executed this agreeme
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Rhonda Pellin
CITY CLERK
APPROVED AS TO FORM:
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crYy ATTORNEY
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STRATOR
IN WITNESS WHEREOF Owner has executed this agreement as of ). (~lp- n t
OWNER
Eagle Ridge Development Company, LLC
By: Shapell Industries, Inc.
Managin rtner
By: Daniel Hancock
Title: Vice-President
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.
7
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On February 6,2001, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa
personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
~mYh~de:
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. Signature of Notary Public
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per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
ST ATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On \ L~ (o(DI , before me, l \ N D f-\ A. \= \- \) \(E. tV NOT A- ~ y '0 u ~ L-i c",../
pers~earedY Ct \A\ e i Lv, 1-\0 V\ u.) C \< j ,
personally known to me (Sf' pi 0 ~ ed to hlC aR the bll.5Is of satISfaCtul J e\-'iaeI"lcc) to be the person~ whose
name(~) is/~ subscribed to the within instrument and acknowledged to me that helsh0/th~ executed the
same in his/h~r/th~ authorized capacity~, and that by his/bll/thcir signature(.st on the instrument the
person~ or the entity upon behalf of which the personW acted, executed the instrument
Signatu e - () if ~
per GC Sec. 4 814; CC Sec. 1181
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WIThcSS my hand and official seal.
.
1:\FORMS\AGRMENTS\tract 9312 Ph IV.doc
8
STIPULATION SHEET
Tract 9312
Eagle Ridge, Phase IV, APN 810-44-010 & 011
Improvement Agreement No. 2001-01
The following are stipulations to Improvement Agreement No. 2001-02 for Tract 9312:
1) Developer shall comply with all EIR mitigation measures, monitoring programs, conditions of
approval, and other requirements imposed pursuant to City Council Resolution 96-55 passed
and adopted by the City Council on September 3,1996, approving the Vesting Tentative Map
for Eagle Ridge (collectively, the "Vesting Tentative Map Conditions"). In the event of any
conflict between this Agreement and the Vesting Tentative Map Conditions, the Vesting
Tentative Map Conditions shall control. (Phase I and Subsequent Phase).
2) The Homeowners Association shall be responsible for the maintenance of all private open
space, private streets and the storm water systems on the properties/facilities which are
owned by the Association. The Association shall conform to the approved weed abatement
plan. All the above items shall be defined in the project CC&R's. The developer shall be
responsible for maintenance and implementation of the above-mentioned items until such
time as the property/facility is turned over to the Homeowners Association, and shall continue
to be responsible for non-Homeowner Association parcels throughout the buildout phases of
the project.
3) The developer shall be responsible for the implementation of the "Eagle Ridge California
Tiger Salamander Plan" prepared by LSA, dated August 8, 1996, including submittal of the
yearly monitoring report. The developer shall remain responsible for the Plan implementation
until the California Tiger Salamander mitigation areas become part of the Homeowner
Association properties, at which time the Homeowners Association shall become the
responsible party. The project CC&R's shall include the Homeowners Association=s
responsibility for the Plan implementation. (Phase I and subsequent phases)
4) Annexation of the entire project to Maintenance District NO.1 shall be completed prior to the
finalization of the first building permit in previous Phase II A (said annexation has been
completed). Following Final Map recordation for this phase, the developer shall amend the
District to reflect the new parcels. The developer shall be responsible for the cost of annexing
to the District, including the cost of advertising, formation and attorney's fees. (Phase I and
subsequent phases)
5) The City will be conducting a city-wide traffic monitoring program. This program will
incorporate the monitoring for the Eagle Ridge Project. Any areas which require monitoring
for Eagle Ridge only will be paid for by the developer. The developer shall be responsible for
installing, or participation in the installation of improvements, if the monitoring program
identifies the need for one of the improvements stated in the Traffic analysis report (KBH &
Associates, July 1996), as a result of the Eagle Ridge development. The resulting
requirements, including funding, credits and reimbursements, shall be itemized in the
improvement agreement for the phase in which the improvement is required. (Phase I and
subsequent phases)
6) The developer shall pay a one-time, $30,000 payment for the Castro ValleylHighway 101
Intersection as outlined in the Traffic Analysis Report. The payment is due with the last phase
of the project. (subsequent phases)
7) The golf course owners/operators shall formulate an agreement with SCR W A and/or the City
as required to connect to the reclaimed water system, and shall pay the applicable fees and
charges for connection to the reclaimed water system, upon implementation ofthe golf course
development plan. The plans for construction of the proposed reclaimed water ponds shall
include a ground water monitoring program which shall be subject to the review and approval
of the City Engineer. Future phases of this project may be subject to participating in the
recycled water program, payment of impact fees, and pro-rata reimbursement for work
performed on the system by the developer. (Phase I and subsequent phases)
8) Prior to the approval of a Final Map for Phase III, the developer will pay the costs of Master
Planning and construction the Class I Trail segment as shown in the approved Planned
Development documents, according to the City" specification from the western terminus of
the Uvas Creek Trail to Santa Teresa Boulevard (in Lieu of providing a 35-foot Uvas Creek
Trail easement with tow access points along the Eagle Ridge frontage). The developer shall
master plan the future south and north creekside Class I trail connections that will be needed
at Santa Teresa Boulevard. The developer shall pay the estimated cost of the future north
side Class I Trail connections (not including any bridge/structure modifications, including the
Santa Teresa Boulevard connection, and the trail to the east which will be connected to the
existing Class I trail that terminates at Laurel Drive and Uvas Park Drive. The north side trail
connection will be constructed by the City of Gilroy as part of the City of Gilroy's Uvas
Creek Park Preserve - Phase II project. The south side Class I Trail connection will be a
future City improvement (complete with Phase III).)
11) The developer shall prepare a Safe Route to School Plan for each phase of the project prior
to the approval of its respective Final Map. The Safe Route to School Plan for Phase I,
Phase II, and Phase III is complete. (Phase I and subsequent phases)
12) The developer shall provide an irrevocable offer of dedication to the City for areas shown on
the Vesting Tentative Map as Public Open Space, as those parcels are created on the project
Final Maps. The Phase I Final Map for the project has made an offer of dedication for the
first portion of the possible public open space. The offer was not accepted by the City at this
time. Prior to City acceptance of the public open space parcels, the issues of operation and
maintenance will be addressed by the City Council. The developer shall cooperate with the
City and assist in the resolution of issues related to the operation and maintenance ofthe open
space, including solutions for the possible need for funding and related options which may
include, but are not limited to: a maintenance district, land trust, endowment or some other
type of district acceptable to the City. The developer shall remain responsible for the
maintenance of the open space parcels until such time and they become part of the
Homeowners Association or the City accepts the offers of dedication. The project CC&Rs
shall address the maintenance by the Homeowner's Association until such time as the City
accepts the open space. (Phase I and subsequent phases)
13) The developer shall record a deed restriction of all Estate parcels (affects future phases) in
order to preclude future subdivision of these parcels into smaller lots. The City will require a
transfer of development rights from the creek ways and salamander mitigation areas when the
parcels for these respective areas are created on future Final Maps. (Phase I and subsequent
phases)
14) With the development of the portions of the project adjacent to Miller Road (future phases),
the developer shall design and construct, at his expense, the proper realignment and
construction of Miller Road to collector street standards, along the development frontage.
The developer's obligation shall be one-half the width plus 12 feet of additional pavement.
All standard infrastructure is required, including drainage, water, sewer, lighting and
landscaping. Design and alignment shall be subject to review and approval by the City
Engineer (subsequent phases).
15) The developer shall design and construct the northbound bus pull out at the time that the
respective interim traffic signal is required for each of the following intersections: Eagle Ridge
Main Entrance, Eagle Ridge South Entrance, and at Miller Rd./Santa Teresa Blvd.
(Phase I and subsequent phases)
16) The City engineer will monitor the adequacy of the Eagle Ridge storm drain system. If the
City Engineer judges the improvements to be inadequate for the protection of public facilities,
based on City design criteria, he may require corrective measures to be designed and
constructed by the developer as a condition of approval for subsequent phases. (Phase I and
subsequent phases)
18) The developer shall construct a reservoir(s) and pumps at the south Zone II reservoir site
before the City accepts the subdivision improvement for the phase which contains the three
hundred and first lot, or at an alternative stage to be determined by the City Engineer.
19) The developer shall install, test and make operational, an approved water supply system
capable for providing adequate fire flow serving each phase of development, prior to start of
combustible construction, subject to approval of the Fire Marshall. (Phase I and subsequent
phases)
20) The developer shall provide service connections and meters for recycled water usage by Eagle
Ridge, and shall provide for future extensions at location to be determined by the City
Engineer. All facilities, backflow devices, and connections shall be designed and constructed
by the Developer according to standards specified by the City Engineer. (Connections to the
golf course have been made) (Phase I and subsequent phases).
21) Throughout all phases of this project, the developer shall operate in accordance with the Tree
Protection Plan. Exceptions may be granted by the Planning Division Manager for special
circumstances. (Phase I and subsequent phases)
22) The developer is eligible for reimbursement for the non-City reimbursed cost of installation
(or a portion thereof) of the sanitary sewer, potable water lines and pressure systems which
either front, serve other developable properties or extend through other developable
properties. These reimbursements are payable by the respective properties as they develop.
Developer is eligible for said reimbursements for up to 10 years from the date of this
agreement. (Phase I and subsequent phases)
23) Developer is responsible for all items discussed in Stipulation NO.1 until such items are
complete or until the responsibility for said items becomes that of the Home Owner=s
Association due to land transfer or that of the Golf Course Owners due to land transfer. Any
corrective actions borne by the City to implement measures to protect public facilities shall be
reimbursed by the developer. (Phase I and subsequent phases)
24) The developer shall be reimbursed by the City for improvements which are part ofthe Traffic
Impact Fund (TIP) and identified in this Stipulation. The reimbursement will be based on
construction costs of the agreed upon TIF related items, and will not exceed the dollar
amount of the TIP budget for those items. Said reimbursement will be paid upon completion
of the improvements and submittal of the itemized reimbursement by the developer to the
City. For Phase IIA, this paragraph applies to the following improvements: none. Future
Phases may have other TIP-related improvements, which will be identified at that time
(Phase I and subsequent phases).
Accepted by:
EAGLE RIDGE DEVELOPMENT COMPANY, LLC
BY SHAPELL INDUSTRIES, INC., MANAGING PAR
BY
Daniel W. Hanco
Title: Vice-President
DATE:
\ ~J-(P-D\
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
on~,beforeme,_~\ 1001\ ~ .\=="~\J\<.I2N > NOTAe.y ?UE'\....\0
personally appeared -:Do v\ \ e \ W \-\0.. \/) C--O(/ ~
personally known to me (-Of proves to me OR tee basis gf ~atisfactgry Ewia8Bee) to be the person~) whose
name(>fl) is/4A!). subscribed to the within instrument and acknowledged to me that he! see/teey executed the
same in his!Jaer/teiif authorized capacity~), and that by his/her/their signature~ on the instrument the
person(.s.) or the entity upon behalf of which the person~ acted, executed the instrument.
WITNES S my hand and official seal.
) ~Q .;;~
per GC See 40814; CC Sec. 1181
1 Q- - -. -. -. ~N;A;. F7u~N -. -I
Commission # 1159356
i' Notary Public - California t
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__ __ __ ~.:c:m~~~':~l
I:\FORMS\AGRMENTS\tract 9312 Ph IV.doc
8
DATE: 19-Jan-2001
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
FINAL CHARGES
ALL PARK, POLICE & FIRE DEVELOPMENT FEES
HAVE BEEN DEFERED TO BUILDING PERMIT.
Tract 9312, Eagle Ridge, Phase 4
NUMBER: 2001-01
PROJECT LOCATION:
PARCEL NUMBER:
A.P.N.'s 810-44-010 & 011
OWNER/DEVELOPER:
Eagle Ridge Development Company, LLC
MAILING ADDRESS:
100 Milpttas Boulevard, Milpttas, California 95035
TELEPHONE NO:
408-946-1550
PREPARED BY:
Mark Fachin, (408) 846-0450
Account No. Key Code Fee: Credtts: Amount Due: Account Description:
100-2601-0000-3625 4904 $6,212.75 $0.00 $6,212.75 Special Public Works Serv
100-2601-0000-3605 4702 $0.00 $0.00 $0.00 Engring Plan Check & Insp
410-2600-0000-3660 3302 $272,877.00 DEFERED TO BLDG PERMIT Park Development Fee
420-2600-0000-3660 4501 $5,623.20 $0.00 $5,623.20 Slorm Development Fee
431-2600-0000-3660 5001 $0.00 $0.00 $0.00 Utility Undergrounding Fee
432-2600-0000-3660 3301 $0.00 $0.00 $0.00 SIr Tree Development Fee
433-2600-0000-3660 4905 $144,573.00 $0.00 $144,573.00 Tralflc Impact Fee
434-2600-0000-3660 4402 $64,977.00 DEFER ED TO BLDG PERMIT Police Development Fee
435-2600-0000-3660 4509 $177,243.00 $0.00 $177,243.00 Sewer Development Fee
436-2600-0000-3660 4510 $67,155.00 $0.00 $67,155.00 Water Development Fee
437 -2600-0000-3660 4511 $5,412.00 DEFERED TO BLDG PERMIT Fire Development Fee
438-2600-0000-3660 4512 $0.00 $0.00 $0.00 Public Faciltties Impact Fee
720-0433-0000-3620 2202 $0.00 $0.00 $0.00 Const Water Use Fee
801-2601-0000-3899 4703 $0.00 $0.00 $0.00 Reimbursements
801-2601-0000-3899 4703 $0.00 $0.00 $0.00 X
801-2601-0000-3899 4703 $0.00 $0.00 $0.00 X
801-2601-0000-3899 4703 $0.00 $0.00 $0.00 X
Totals................ $744,072.95 $0.00 $400,806.95
Bonds and Securtties $0
===============
SERVICE CHARGES (1)
tract9312
CITY OF GILROY
DEPARTMENT OF PUBLIC WORKS
DATE: 19-Jan-2001 ENGINEERING DIVISION
FINAL COST SCHEDULE
NUMBER: 2001-01 ALL PARK, POLICE & FIRE DEVELOPMENT FEES
HAVE BEEN DEFER ED TO BUILDING PERMIT.
PROJECT LOCATION: Tract 9312, Eagle Ridge, Phase 4
PARCEL NUMBER: A.P.N.'s 810-44-010 & 011
OWNER/DEVELOPER: Eagle Ridge Development Company, LLC
MAILING ADDRESS: 100 Milpitas Boulevard, Milpitas, California 95035
TELEPHONE NO: 408-946-1550
PREPARED BY: Mark Fachin, (408) 846-0450
DEFER PARK, POLICE & FIRE DEVELOPMENT FEES? Y
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: Acres: Lots: Units:
Y Residential-Low? 7.2 33 33
N Residential-High? 0.0 0 0
N Commercial-Low? 0.0 0
Y Commercial-High? 0.0 0
N Industrial-General? 0.0 0
N Industrial-Warehouse? 0.0 0
N Assembly Hall? 0.0 0
Common Area? 0.0
SqFt:
o
o
o
o
o
o
CommerciaVlndustrial Allocations:
Sewer GPO:
Water GPO:
o
o
Reimbursements and credits:
N Country Estates Water System?
N Country Estates Sewer System?
N Obata Industrial Park Credit?
N Southeast Quadrant Hydrology Study?
Front Footage for Front Foot Charges and Construction Water:
Street Tree FF: Water FF:
Sewer FF:
Storm FF:
Construction Water FF:
0.0
0.0
0.0
0.0
0.0
100%
$6,212.75
$6,212.75
Special Public Works Services
100-2601-0000-3625
Maps:
Final
$3,495.00 +
$15.00
lot
Y
$3,990.00
Parcel $1,350.00 +
Reapportionment (Assessment District Parcels)
$2,190.00 +
$15.00
lot
N
$0.00
Plus Customer assessment consultant
$0.00
$0.00
$20.00
lot
N
Administration Fees:
Country Estates Water System
(Not Included)
Country Estates Sewer Trunk Main
(Not Included)
Southeast Quadrant Hydrology Study
(Not Included)
Y
$0.00
Y
$0.00
Y
$0.00
COST SCHEDULE
(1)
tract9312
Miscellaneous Engineering Services:
(Cost Schedules, Agreements, R1W Reviews and other Misc. Services)
25 hr Misc Services $88.91 I hr.
y
$2,222.75
Engring Plan Check and Inspection 100-2601-0000-3605 $0.00
(Based on total cost of public 100% $0.00
right-of-way improvements)
~ hr SRe grading and $88.91 I hr. N $0.00
reinspect ion charges
Actual Cost of Public Improvements $0
0% of first $5,000
12% $5,000 $100,000 y $0.00
10% $100,000 $200,000 y $0.00
8% over $200,000 y $0.00
OffsRe Improvements to be Bonded $0
PARK FEE DEFERED TO BUILDING PERMIT
Park Impact Fee 410-2600-0000-3660 $272,877.00
100% $272,877.00
a.Residential-Low $8,269.00 I unR y $272,877.00
b.Residential-High $5,906.00 I unR y $0.00
Storm Drain Impact Fee 420-2600-0000-3660 $5,623.20
100% $5,623.20
a.Residential-Low $781.00 I acre y $5,623.20
b.Residential-High $1,172.00 I acre y $0.00
c.Commercial $1,563.00 I acre N $0.00
d.lndustrial $1,758.00 I acre y $0.00
e.Assembly Hall $781.00 I acre y $0.00
Obata Industrial Park CredRs
(Based on reimbursements due from oversized storm facllttles)
Obata Fee Credtt $1,170.00 I acre
y
$0.00
COST SCHEDULE
(2)
tract9312
Utility Underground Fee
431-2600-0000-3660
Front Footage
$126.09 / U x
N
0.0
street Tree Fee
432-2600-0000-3660
Front Footage
a.City Planting and Replacement
$2.56 / U x
$0.00
0.0
N
b.lnspection and Replacement
$0.36 / f.f. x
$0.00
0.0
y
100%
100%
$0.00
$0.00
$0.00
$0.00
Traffic Impact Fee 433-2600-0000-3660 $144,573.00
100% $144,573.00
a.Residential-Low $4,381.00 / unil y $144,573.00
b.Residential-High $3,551.00 / unil y $0.00
c.Commercial-Low Traffic
(<= 4 trips/1 000 sl) $4,846.00 / k.s.f. y $0.00
d.Commercial-High Traffic
(> 4 trips/1000 sl) $9,791.00 / k.s.f. y $0.00
e.lndustrial-General $1,892.00 / k.s.f. y $0.00
tlndustrial-Warehouse $1,394.00 / k.s.f. y $0.00
Police Impact Fee
POLICE FEE DEFERED TO BUILDING PERMIT
434-2600-0000-3660
100%
a.Residential-Low
$1,969.00 / unil y $64,977 .00
$3,003.00 / unil y $0.00
$2,821.00 / k.s.f. y $0.00
$117.00 / k.s.f. y $0.00
(3)
b.Residential-High
c.Commercial
d.lndustrial
COST SCHEDULE
$64,977.00
$64,977.00
tract9312
Sewer Impact Fee 435-2600-0000-3660 $177,243.00
100% $177 ,243.00
a.Residential-Low $5,371.00 unit y $177,243.00
b.Residential-High $3,836.00 unit y $0.00
c.CommerciaVlndustrial $1,724.00 cgpd y $0.00
Country Estates Sewer Trunk Main y $0.00
(Not Included)
Obata Industrial Park Credits
(Based on reimbursements due from oversized sewer facilities)
Obata Fee Credit $531.00 I acre y $0.00
Water Impact Fee 436-2600-0000-3660 $67,155.00
100% $67,155.00
a.Residential-Low $2,035.00 unit y $67,155.00
b.Residential-High $1,453.00 unit y $0.00
c.CommerciaVlndustrial $3,092.00 kgpd Y $0.00
Obata Industrial Park Credits
(Based on reimbursements due from oversized water facilities)
Obata Fee Credit $154.00 I acre y $0.00
Fire Impact Fee 437-2600-0000-3660 $5,412.00
100% $5,412.00
a.Residential-Low $164.00 unit y $5,412.00
b.Residenlial-High $234.00 unit y $0.00
c.Commercial $145.00 k.s.f. y $0.00
d.lndustrial $18.00 k.s.f. y $0.00
Public Facilities Impact Fee 438-2600-0000-3660 $34,683.00
100% $34,683.00
a. Residential $1,051.00 unit y $34,683.00
b.Commercial $292.00 k.s.f. y $0.00
c.lndustrial-General $204.00 k.s.f. y $0.00
d.lndustrial-Warehouse $204.00 k.s.f. y $0.00
Water User Fee (Construction) 720-0433-0000-3620 N $0.00
100% $0.00
$2.76 If.f. + $168.14 I a.c.
COST SCHEDULE (4)
tract9312
Front Foot Charges:
(Used to charge and reimburse fees for existing infrastructure)
Water 801-2601-0000-3899 $0.00
Water Mains, including fire hydrants, valves and box: 100% $0.00
(Developer is responsible for up to and including 12" mains)
Half Pipe Front Footage
6" Main $12.50 f.f.x N 0.0 $0.00
8" Main $13.50 f.f.x N 0.0 $0.00
10" Main $15.00 f.f.x N 0.0 $0.00
12" Main $16.50 f.f.x N 0.0 $0.00
14" Main $18.50 f.f.x N 0.0 $0.00
16" Main $21.00 f.f.x N 0.0 $0.00
18" Main $25.00 f.f.x N 0.0 $0.00
24" Main $31.50 U. x N 0.0 $0.00
30" Main $37.00 U. x N 0.0 $0.00
36" Main $43.50 I f.f. x N 0.0 $0.00
Country Estates Water System y $0.00
(Not Included)
Sewer 801-2601-0000-3899 $0.00
Sewer Mains, including manhole: 100% $0.00
(Developer is responsible for up to and including 12" mains)
Half Pipe Front Footage
6" Main $12.00 f.f.x N 0.0 $0.00
8" Main $12.50 U. x N 0.0 $0.00
10" Main $14.00 f.f.x N 0.0 $0.00
12" Main $15.50 f.f.x N 0.0 $0.00
15" Main $19.00 I f.f. x N 0.0 $0.00
18" Main $24.00 f.f.x N 0.0 $0.00
21" Main $28.50 U. x N 0.0 $0.00
24" Main $33.00 f.f. x N 0.0 = $0.00
27" Main $36.50 f.f.x N 0.0 $0.00
Country Estates Sewer Trunk Main
(Not Included)
y
$0.00
COST SCHEDULE
(5)
tract9312
street Improvements 801-2601-0000-3899 $0.00
100% $0.00
Pavement Square Footage
3" AC on 8" AS $2.57 x 0.0 $0.00
3" AC on 10" AS $2.89 x 0.0 $0.00
3" AC on 12" AS $3.18 x 0.0 $0.00
3" AC on 15" AS $3.65 x 0.0 $0.00
Square Footage
Sidewalk 4" on 4" $4.72 x 0.0 $0.00
and driveway
Front Footage
Curb/Gutter on 6" $15.33 x 0.0 $0.00
storm Drain 801-2601-0000-3899 $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 $20.00 Ux N 0.0 $0.00
21" Main $22.00 fJ. x N 0.0 = $0.00
24" Main $23.50 Ux N 0.0 $0.00
27" Main $25.00 Ux N 0.0 $0.00
30" Main $26.50 fJ. x N 0.0 $0.00
33" Main $28.00 fJ. x N 0.0 $0.00
36" Main $29.50 fJ. x N 0.0 $0.00
42" Main $33.00 Ux N 0.0 $0.00
48" Main $36.50 fJ. x N 0.0 $0.00
54" Main $39.50 Ux N 0.0 $0.00
60" Main $43.00 fJ. x N 0.0 $0.00
66" Main $46.00 fJ. x N 0.0 $0.00
72" Main $49.00 / Ux N 0.0 $0.00
COST SCHEDULE
(6)
tract9312
78" Main $52.00 Ux N 0.0 $0.00
84" Main $55.00 Ux N 0.0 $0.00
90" Main $58.00 fJ. x N 0.0 $0.00
96" Main $61.00 fJ. x N 0.0 $0.00
Southeast Quadrant Hydrology Study y $0.00
(Not Included)
Bonds and SecurRies 801-2601-0000-3899 $0
. 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 PermRs 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. SRe grading and reinspection charges including reinspection of backyard drainage will be billed at the
Engineering Division hourly rate in effect at the lime of inspection.
Date:
Accepted by:
COST SCHEDULE
(7)
tract9312
ASSESSOR
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TRACT NO. 8965
EAGLE RIDGE PHASE 28
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SANTA
CLARA
COUNTY.
TRACT NO. 8962
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P1N. L
40.79 A
(LOT 101)
(46.02 AC. TOTAL)
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VICINITY SITE MAP
Property Improvement Agreement No. 2001-01, Tract No. 93127
Eagle Ridge, Phase IV, APN 8310-44-010 & 011
Exhibit A