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PIA No. 97-55 - Eagle Ridge Development Company '" b'i DOCUMENT: 13962582 Titles: 1 I Pages: 24 RECORDING REQUESTED BY: :0:001396258:2:0: City of Gilroy BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City WHEN RECORDED, MAIL TO: Rhonda S. PeIlin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Fees. Taxes. Copies. AMT PAID 76.00 76 00 RDE l=I 008 12/03/1997 11: 30 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 97-55 Tract 8962, Eagle Ridge, APNs 810-21-003; 841-22-001,002 & 003; 810-24-005 & 006 Eagle Ridge Development Company, LLC Property Improvement Agreement - Residential DOCUMENT TITLE . , PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES AND PERFORMANCE OF PROJECT CONDITIONS OF APPROV AL No. 97-55 7 -fl" . J This agreement is made and entered into this ~ day of N (' v . , 1997 , 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 No. 8962. Eagle Ridge. APNs 810-21-003: 841-22-001. 002 & 003: 810-24-005 & 006 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, and conditions to be performed by Developer pursuant to this agreement and, RECIT ALS WHEREAS, the Tentative Map for the real property covered by this Agreement and the Master Project of which such property is a part was approved by the City, subject to certain mitigation measures, mitigation monitoring programs and other conditions of approval. 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: 1 SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. 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 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 which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or otherwise performing any work in connection with this agreement, or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this agreement, including without limitation all claims relating to injury or death of any person or damage to any property. d. To construct and improve all public works facilities and other improvements described in this agreement in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and this agreement, and in accordance with the grades, plans, and specifications therefore approved by the City Engineer. Developer shall furnish two good and sufficient bonds, in form and content and issued by a bonding company acceptable to City as follows: (i) a performance bond to be executed in the face amount of not less than Three Million Six Hundred Thousand ($3.600.000.00), and (ii) a payment bond to be executed in the face amount of not less than Fifty percent (50%) of the performance bond described in (i) immediately above, both such bonds being issued for the public to be constructed in connection with Tract No. 8962, Eagle Ridge, which are improvements described in this agreement (the "Public Improvements). The performance bond shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The payment bond shall secure payment to the subcontractors and persons renting equipment for the furnishing of labor or materials for the Public Improvements, as provided in Sections 66499 et seq of the Government Code of the State of California, the Codes, the Ordinances, Resolutions, Rules and the Regulations of the City, and this agreement. Each bond shall set forth a time period for performance by the contractor of its obligations and 2 the terms and conditions on which the City may obtain the proceeds of the bond. The performance bond shall by its terms remain in full force and affect for a period of not less than one year after completion of the Public Improvement by Developer and acceptance of said improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the Public Improvements by Developer and acceptance of the Public Improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond in the amount of 10% of the total contract price of the Public Improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000)) to cover the one year maintenance. 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 Public 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 Public Improvements to be constructed by Developer pursuant to this agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in ( c) shall name City as a loss payee" and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this agreement or actually carried by Developer in connection with the work described in this agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That except as otherwise expressly provided in this Agreement, all sums shown herein to be payable by the Developer to the City are due and payable to the City upon the execution of this agreement. SECTION 4 That all the provisions of this agreement and all work to be done pursuant to the terms of this agreement in connection with Phase I (defined below) 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. 3 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. The Stipulation Sheet attached hereto identifies work and other obligations to be performed in connection with Tract No. 8962, Eagle Ridge, as well as other work and obligations to be performed in connection with subsequent phases of the Master Project. For purposes of this Agreement and the attached Stipulation Sheet, Tract No. 8962, Eagle Ridge, has been identified as "Phase I". Final charges and fees for subsequent phases of the Master Project will be set for in the Improvement Agreements entered into for such Phases. 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 agreement, together with the attached stipulations, is an instrument affecting the title or possession of the real property described in Exhibit A. All the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer and the successors in interest of Developer. Upon the sale or division of the property described in Exhibit A, the terms of this agreement shall apply separately to each parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement. SECTION 8 That the following General Stipulations and the attached stipulations shall be completed subject to the approval of the Community Development Director. 1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 3. All work within the public right-of-way shall be subject to the approval of the City Engineer. 4. Before construction utilizing combustible materials may proceed, an all weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 500 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief 4 SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOT AL AMOUNT DUE CITY $1.214.850.95 IN WITNESS WHEREOF, City has executed this agreement as of tJO V, I '7. /'iCf 7 APPROVED AS TO FORM: ~4.~ CITY ATTORNEY Linda A. Callon . .. . IN WITNESS WHEREOF Owner has executed this agreement as of { / -I Z -7 7 OWNER Daniel W. Hancock, Vice-President Shapell Industries, Inc., Managing Partner Eagle Ridge Development Company, L DATE LI /;Z-/97 NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. 5 I I ~....'..'...... I'. I, I ~ I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On November 21, 1997 Date before me, Rhonda Pellin. Notary Public Name and Title of Officer (e.g.. "Jane Doe, Notary Public") personally appeared Jay Baksa ~ personally known to me - OR Name(s) of Signer(s) ~ [ i....~.......... I' I' I, I' 9 pi ovea to fAC on tho basis of satisfactory evidence to be the person,(sy- whose nameMis/.aFe subscribed to the within instrument and acknowledged to me that he/$l=te/t~ executed the same in his/bef/tbeif authorized capacitY(i8a7, and that by his/berltb.etr signature(a}-on the instrument the persor$}; or the entity upon behalf of which the person(s) acted, executed the instrument. J-----~r-----J a. khONDA PELLlN '" Commission # 1142623 ~ . -. _ . Notary PUblic .- California ~ ! Santa Clara County t My Comm E>'q)ires Jun 19,2001 ------------..................-------...... WITNESS~ha~d and Oft. icia.'1 '" s~~~~/v ~JLc:t'J,- t>::; Lt.-( , Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. [ I, ~ ~ ;....... I ~..~ ~ I' Description of Attached Document Title or Type of Document: Property Improvement Agreement No. 97-55, Tract 8962, Eagle Riqge Document Date: 11-17-97 Number of Pages: 23 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jay Baksa Signer's Name: I' o Individual ~ Corporate Officer Title(s): City Administrator o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER ~ I Sig::~;S ::p~::e:::g Signer Is Representing: I ~~~~~~,%,~~,.g,*>~~~~~~~~~~~~ @ 1995 National Notary Association. 8236 Remmet Ave.. P.O. Box 7184. Canoga Park. CA 91309-7184 Reorder: Call Toll-Free 1-800-876-6827 Prod. No. 5907 ~"] ~ I 1 1.1 '1 .1 @ '1..1 I '1 ~ .1 'I 1 'I I I I ~ ~ 1........1 'I I ~ ~ 1.........1 I 'I ~ ~ 1 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) on~,beforem~~ personally appeared '.- personally known to me (or 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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. /~ signaturL~ _ . . _ per GC Sec. 40814; CCSec. 1181 6 STIPULATION SHEET Tract No. 8962 PrQperty Improvement Agreement 97-55 The following are stipulations to Improvement Agreement No. 97-55 for Tract 8962: 1) The Developer is responsible for completing all improvements for Tract 8962 as shown on the plan by Ruggeri-Jensen-Azar and Associates. (Phase I) 2) 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). 3) 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 are 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. 4) A golf maintenance (operation) plan shall be submitted as part of the development plan for the golf course. The plan shall identify strategies addressing the management of the recycled water, including groundwater monitoring of the recycled water ponds, maintenance of the drainage channels, monitoring the effectiveness of the detention ponds, and shall include provisions for system modification, if necessary. The plan shall provide for a Department of Health Services certified recycled water officer. (Golf Course Phase) 5) The Developer shall be responsible for the implementation of the "Eagle Ridge California Tiger Salamander Plan" prepared by LSA, dated June 14, 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 include the Homeowners Association's responsibility for the Plan implementation. (Phase I and Subsequent Phases) lof6 6) Annexation of the entire project to Maintenance District NO.1 shall be completed prior to the finalization of the first building permit. Following Final Map recordation for subsequent phases, 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) 7) 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 inst~tlling, 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) 8) 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) 9) The golf course owners/operators shall formulate an agreement with SCRW 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 of the 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) 10) Prior to the approval of the Final Map for Phase 2, the Developer shall pay the costs of Master Planning and construction of the Class I Trail segment as shown in the approved Planned Development documents, according to the City's 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 two 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 20f6 project. The south side Class I trail connection will be a future City improvement. (Subsequent Phases) 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 Save Route to School Plan for Phase I 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 will not be 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 of the 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 as they become part of the Homeowners Association or the City accepts the offers of dedication. The project CC&R's shall address the maintenance by the Homeowners' 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 Road/Santa Teresa Blvd. (Phase I and Subsequent Phases) 30f6 16) As part of the Phase I approval, the Developer shall be responsible for the storm water system maintenance as part of the SWPPP until the golf course operation plan is in effect. 17) 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. (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) Lots 1-5, 22-27, and 46-48, which obtain primary access from the Main Entrance Road, shall be designed using turnaround driveway, or some other means, so as to prevent backing into the Main Entrance Road. (Phase I) 23) The developer is eligible for reimbursement for the non-City reimbursed cost of installation (or a portion thereof) of the sanitary sewer and potable water lines which either front 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. 24) Developer is responsible for all items discussed in Stipulation NO.2 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. 40f6 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) 25) The developer shall be reimbursed by the City for the cost of over-sizing (above a 12" diameter pipe) for the off site sanitary sewer installation an amount of $44,790.12 per the City fee schedule. This amount is based on 1681 LF of 15" VCP @ $7.76/LF and 1874 LF of 18" VCP @ $16.94/LF. In addition, developer shall be reimbursed for the cost of the siphon under Uvas Creek an amount of$124,500jOO. Said reimbursement shall be paid to developer within 60 days of the date of this agreement. 26) The developer shall be reimbursed by the City for the cost of over-sizing (above a 12" diameter pipe) for the off site water main installation in Santa Teresa Blvd. and amount of $299,880 per the City fee schedule. This amount is based on 10,500 LF of24" D.I.P. @ $28.56/LF. Siad reimbursement shall be paid to developer within 60 days of the date of this agreement. 27) The developer shall be reimbursed by the City for permanent improvements which are part of the Traffic Impact Fund (TIF) 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 TIF budget for those items. Said reimbursement will be paid upon completion of the improvements, acceptance of same by City, and submittal of the itemized reimbursement by the developer to the City. For Phase I, this paragraph applies to the following improvements: Luchessa Signal; Thomas Road/Santa Teresa Blvd. widening; project main entry/Santa Teresa Blvd. widening; and the project south entry/Santa Teresa Blvd. widening. Future Phases will have other TIF related improvements, which will be identified at that time. (Phase I and Subsequent Phases) 28) The developer shall be reimbursed by the City for the cost of installing sanitary sewer laterals, lines (non-main lines), and their appurtenances in the park site. In the non-main line only, the cost of grading associated with the park site, for costs associated with relocation and/or removal of existing utilities in the park area, and for the cost of hard- surfacing the path areas, if the City chooses to hard-surface them. Said reimbursement shall be paid upon completion of the improvements, acceptance of same by City and submittal of the itemized reimbursement by the developer to the City. 29) The $300,000 deposit paid to the City by the developer as part of the Residential Development Ordinance agreement has been credited against the Traffic Impact Fee due as part of this agreement. 50f6 Accepted by: EAGLE RIDGE DEVELOPMENT COMPANY, LLC BY: DANIEL W. OCK TITLE: 'hPkENi" / / ~~ ~ BY: DATE: 60f6 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On !/-/dI-97. before m~ ~ personally appeared A . ., ~ personally known to me (or 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. WITNESS my hand and official seal. Signatur 6 .~ ,..~. )1 ~ Exhibit "A" DATE: 15-0ct-97 CITY OF GILROY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION FINAL CHARGES ALL PARK, POLICE & FIRE DEVELOPMENT FEES HAVE BEEN DEFERED TO BUILDING PERMIT. Tract 8962, Eagle Ridge, Unit 1 NUMBER: 97-55 PROJECT LOCATION: PARCEL NUMBER: A.P.N. 810-21-003, 841-22-001,002,003 and 810-24-005 and 006 OWNER/DEVELOPER: Eagle Ridge Development Company, LLC MAILING ADDRESS: P.O. Box 361169,100 Milpitas Blvd., Milpitas, Ca. 95035 TELEPHONE NO: 408-946-1550, 408-946-4657(Fax) PREPARED BY: Mark Fachin Account No. Key Code Fee: Credits: Amount Due: Account Description: 1~2601-~004OO 4904 $19,215.40 $0.00 $19,215.40 Special Public Works Serv 1~2601-~00412 4702 $560,385.55 $0.00 $560,385.55 Engring Plan Check & Insp 410-26~3~29(X)Q 3302 $694,900.00 DEFER ED TO BLDG PERMIT Park Development Fee 420-26oo-3~02oo 4501 $97,850.00 $0.00 $97,850.00 Storm Development Fee 431-2600-~80300 5001 $0.00 $0.00 $0.00 Utility Undergrounding Fee 432-2600-3-625000 3301 $0.00 $0.00 $0.00 Str Tree Development Fee 433-26~3-681ooo 4905 $307,100.00 $300,000.00 $7,100.00 Traffic Impact Fee 434-26~3-680000 4402 $38,000.00 DEFERED TO SLDG PERMIT Police Development Fee 435-26~3-671ooo 4509 $362,400.00 $0.00 $362,400.00 Sewer Development Fee 436-2600-3~95ooo 4510 $167,900.00 $0.00 -$t67,9OO.00 Water Development Fee 437 -26~~80000 4511 $9,100.00 DEFERED TO SLDG PERMIT Fire Development Fee 720-0433-3-690000 2202 $0.00 $0.00 $0.00 Const Water Use Fee 801-0000-2-229015 4703 $0.00 $0.00 $0.00 Reimbursements 801-0000-2-229015 4703 $0.00 $0.00 $0.00 XXXX 801-0000-2-229015 4703 $0.00 $0.00 $0.00 XXXX Totals................ $2,256,850.95 $300,000.00 $1,214,850.95 Bonds and Securities $5,400,000 ----------- ----------- SERVICE CHARGES (1 ) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION FINAL COST SCHEDULE ALL PARK, POLICE & FIRE DEVELOPMENT FEES HAVE BEEN DEFER ED TO BUILDING PERMIT. PROJECT LOCATION: Tract 8962, Eagle Ridge, Unit 1 PARCEL NUMBER: A.P.N. 810-21-003, 841-22-001, 002, 003 and 810-24-005 and 006 OWNER/DEVELOPER: Eagle Ridge Development Company, LLC MAILING ADDRESS: P.O. Box 361169,100 Milpitas Blvd., Milpitas, Ca. 95035 TELEPHONE NO: 408-946-1550, 408-946-4657(Fax) PREPARED BY: Mark Fachin DEFER PARK, POLICE & FIRE DEVEL MENT FEES ? ~ NOTE: This 100 % cost schedule has been adjusted to the rates in effect at the time building permits were issued. All Park, Police & Fire development impact fees have been defered and will be collected with the building permit fees. Site Information: Y Residential-Low? N Residential-High? N Commercial-Low ? N Commercial-High? N Industrial-General? N Industrial-Warehouse? N Assembly Hall? Common Area? DATE: 15-0ct-97 NUMBER: 97-55 Acres: 237.500 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Lots: 131 o o o o o o Units: 100 o Sq Ft: o o o o o o Commercial/Industrial Allocations: Sewer GPO: o Water GPO: 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: 0.00 0.00 Sewer FF: 0.00 Storm FF: 0.00 Construction Water FF: 0.00 100% $19,215.40 $19,215.40 Special Public Works Services 100-2600-3-600400 Maps: Final $9,575.00 $3,025.00 + $50.00 lot Y Parcel $1,070.00 + $100.00 Reapportionment (Assessment District Parcels) $1,767.00 + $100.00 $0.00 lot N lot N $0.00 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 = (1 ) COST SCHEDULE Miscellaneous Engineering Services: (Cost Schedules, Agreements, RNoI Reviews and Other Misc. Services) 120 hr Misc Services $77.00 I hr. $9,240.00 y Public Works Microfilming (Maps and Plans): 1-6shts $152.94 + $0.00 $6.75 sheet y $0.00 7-12shts $195.68 + $6.75 sheet y = $400.40 13-18 shts $238.40 + $6.75 sheet y = # of Shts 24 ~~ Engring Plan Check and Inspection (Based on total cost of public right-of-way improvements) -1!. hr Site grading and reinspection charges Actual Cost of Public Improvements 1~2~3-6OO412 100% $560,385.55 $560,385.55 N $7,948,365 y = y = y = $3,600,000 $0.00 $77.00 I hr. 10% of first $100,000 $10,000.00 8% of $100,000 - $200,000 $8,000.00 7% over $200,000 $542,385.55 Offsite Improvements to be Bonded PARK FEE DEFER ED TO BUILDING PERMIT 100% $694,900.00 $694,900.00 Park Impact Fee 410-2400-3-629000 $694,900.00 a.Residential-Low $6,949.00 I unit y = $0.00 b.Residential-High $4,964.00 I unit y = Storm Drain Impact Fee a.Residential-Low 420-~3~0200 $97,850.00 _ 1 00% $97,850.00 $412.00 acre y $97,850.00 $618.00 acre y $0.00 $823.00 acre y $0.00 = $926.00 acre y $0.00 = $412.00 acre y $0.00 = b. Residential-High c.Commercial d.lndustrial e.Assembly Hall Obata Industrial Park Credits (Based on reimbursements due from oversized storm facilities) ObataFeeCredit $1,170.00 I acre $0.00 y COST SCHEDULE (2) Utility Underground Fee 431-~~680300 $0.00 100% $0.00 Front Footage $123.62 I f.f.x Y 0.00 Street Tree Fee 432-2400-3-625000 $0.00 100% $0.00 Front Footage a.City Planting and Replacement $2.51 I f.f. x N 0.00 = $0.00 = b.lnspection and Replacement $0.35 I f.f. x y 0.00 = $0.00 = Police Impact Fee POLICE FEE DEFER ED TO BUILDING PERMIT 434-1400-3-68??oo 100% a.Residential-Low $380.00 I unit Y $38,000.00 = $588.00 I unit Y $0.00 $581.00 I k.s.f. y $0.00 = $21.00 I k.s.f. Y $0.00 (3) b.Residential-High c.Commercial d.lndustrial COST SCHEDULE $38,000.00 $38,000.00 Sewer Impact Fee 435-2600-3-671000 a.Residential-Low $3,624.00 I unit 100% Y $362,400.00 = y $0.00 = y $0.00 y $0.00 $362,400.00 $362,400.00 b. Residential-High $2,589.00 I unit c. Commercial/Industrial $1,248.00 I cgpd Country Estates Sewer Trunk Main (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 436-26~3-695ooo a.Residential-Low $1,679.00 I unit 100% Y $167,900.00 = y $0.00 = y $0.00 = $167,900.00 $167,900.00 b.Residential-High $1,199.00 I unit c.Commercial/lndustrial $2,551.00 I kgpd Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154.00 I acre $0.00 y FIRE FEE DEFERED TO BUILDING PERMIT Fire Impact Fee 437 -15~3-680000 100% $9,100.00 $9,100.00 a.Residential-Low $91.00 I unit y --$9,100.00 b.Residential-High $108.00 I unit y $0.00 $0.00 $0.00 N $0.00 100% = $0.00 c.Commercial $58.00 I k.s.f. y = d.lndustrial $8.00 I k.s.f. y = Water User Fee (Construction) 720-0433-3-690000 $2.58 I f.f. + $168.14 I a.c. COST SCHEDULE (4) Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) Water 801-0000-2-229015 $0.00 Water Mains, including fire hydrants, valves and box: 100% $0.00 (Developer is responsible for up to and including 1Z' mains) Half Pipe Front Footage 6" Main $12.50 I fJ.x Y 0.00 = $0.00 8" Main $13.50 f.f.x Y 0.00 = $0.00 = 10" Main $15.00 fJ.x Y 0.00 = $0.00 = 12" Main $16.83 fJ. x Y 0.00 = $0.00 = 14" Main $18.87 fJ. x Y 0.00 $0.00 = 16" Main $21.42 f.f.x Y 0.00 $0.00 = 18" Main $24.99 fJ. x Y 0.00 $0.00 24" Main $31.11 f.f.x Y 0.00 = $0.00 30" Main $36.72 f.f. x Y 0.00 $0.00 = 36" Main $43.35 I f.f.x Y 0.00 $0.00 = Country Estates Water System Y $0.00 (Not Included) Sewer 801~2-229015 $0.00 Sewer Mains, including manhole: 100% $0.00 (Developer is responsible for up to and including 1 Z' mains) Half Pipe Front Footage 6" Main $12.00 I fJ.x Y 0.00 = $0.00 8" Main $12.50 f.f.x Y 0.00 = $0.00 = 10" Main $14.00 fJ.x Y 0.00 = $0.00 = 1Z' Main $15.50 f.f.x Y 0.00 = $0.00 = 15" Main $19.38 f.f.x Y 0.00 $0.00 = 18" Main $23.97 f.f. x Y 0.00 $0.00 = 21" Main $28.05 f.f.x Y 0.00 = $0.00 = 24" Main $32.64 f.f.x Y 0.00 = $0.00 27" Main $36.21 f.f. x Y 0.00 $0.00 = Country Estates Sewer Trunk Main Y $0.00 (Not Included) COST SCHEDULE (5) Street Improvements 801~2-229015 $0.00 100% $0.00 Pavement Square Footage 3" AC on 8" AB $2.52 x 0.00 $0.00 3" AC on 10" AB $2.83 x 0.00 = $0.00 3" AC on 12" AB $3.12 x 0.00 = $0.00 3" AC on 15" AB $3.58 x 0.00 = $0.00 Square Footage Sidewalk 4" on 4" . $4.63 x 0.00 $0.00 and driveway Front Footage Curb/Gutter on 6" $15.03 x 0.00 = $0.00 Storm Drain 801~2-229015 $0.00 100% $0.00 Storm Mains, including manholes and catch basins: (Developer is responsible for up to and including 24" mains) Half Pipe Front Footage 18" Main $19.89 fJ.X Y 0.00 = $0.00 = 21" Main $21 .42 fJ.x y 0.00 = $0.00 = 24" Main $22.95 f.f.x y 0.00 = $0.00 = 27" Main $24.48 fJ.x y 0.00 $0.00 = 30" Main $26.01 fJ.x y 0.00 = $0.00 = 33" Main $27.54 f.f.x Y 0.00 '$0.00 = 36" Main $29.07 f.f.x Y 0.00 $0.00 42" Main $33.15 fJ. x y 0.00 = $0.00 48" Main $35.70 f.f.x Y 0.00 $0.00 54" Main $38.76 f.f.x Y 0.00 $0.00 = 60" Main $41.82 fJ. x y 0.00 = $0.00 66" Main $44.88 f.f.x y 0.00 $0.00 = 7'2:' Main $47.94 f.f.x y 0.00 $0.00 = COST SCHEDULE (6) 78" Main $51.00 fJ.x y 0.00 = $0.00 = 84" Main $54.06 fJ. x Y 0.00 $0.00 90" Main $57.12 f.f.x Y 0.00 = $0.00 96" Main $60.18 / fJ. x Y 0.00 = $0.00 = Southeast Quadrant Hydrology Study Y $0.00 (Not Included) = Bonds and Securities 801~2-229015 $5,400,000 . Not included in TOTAL DUE (Estimated) NOTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the time Building Permits are issued. The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference. 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. Accepted by: Date: