PIA No. 96-05 - Kaufman and Broad
P 3 2 r. PA GE I 336
DOCUMENT: 13289280
111111 1111 "'"'' '" 1111
:<i0013289280:<<
RECORDING REQUESTED BY:
Tit I es: I / Pages: 1 6
Fees.. 5200
Taxes
Copies.
AMT PAID 5200
City of Gilroy
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
WHEN RECORDED, MAIL TO:
Susanne E. Steinmetz
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020 V
ROE ft 008
5/09/1996
8:08 AM
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement - Residential
Tract 8796, The Vineyards, Unit III
DOCUMENT TITLE
,,111
P 3 2 4 PA GE \ 331
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. 96-05
This agreement made and entered into this6 th day of May , 1996, by and between the City of
Gilroy, a municipal corporation, herein called the "City" and Kaufinan & Broad-Monterey Bay. 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 8796. The Vineyards - Unit No, III
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,
NOW THEREFORE, in consideration of the 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 concerning the subject matter of this agreement are hereby referred to and
incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances and
Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning
Ordinance, and the currently adopted Uniform Building Code,
1
P 3 2 It PA GE I 338
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 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 City in order that its water, electricty, and/or
sewer lines in or to said real property may be extended,
c. To indemnify, defend and hold the City harmless and free from all damage and liability done to any utility,
public facility or other material or installation of the City on said real estate which the Developer or any
contractor or subcontractor of the Developer, or any employee thereof, shall do in grading or working upon
said real estate and from all other damage and liability incurred by City as a result of the acts of omissions of
such Developer, contractor, subcontractor or employee.
d. To construct and improve all public works facilities and other improvements as set out herein, according to
the standards heretofore established, and according to the grades, plans and specifications thereof, all as
approved by the City Engineer, and shall furnish two (2) good and sufficient bonds. One shall be executed
in the face amount of no less than $437.500.00, and the other shall be executed in an amount no less than
50% of the above mentioned bond and shall secure payment to the contractor, his subcontractors and to
persons renting equipment or furnishing labor or materials to them for the improvement hereunder, and as
provided for in Sections 66499 et sec. of the Government Code of the State of California, the Codes,
Ordinances, Resolutions, and Regulations of the City, and this agreement
The faithful performance bond hereinabove provided for, shall by the terms remain in full force and effect for
a period of one (1) year after the completion and acceptance of said work, to guarantee the repair and
replacement of defective material and faulty workmanship,
In lieu of said faithful performance bond for maintenance, the Developer may furnish a maintenance bond in
the amount of 10% of the total contract price (with a minimum amount of one thousand dollars $1,000.00)
to cover the one (1) year maintenance period.
e, That upon approval of the final map of the subdivision, the record of surveyor the building permit covering
the real estate to be improved and before any work is done therein, the Developer shall pay to the City all
sums, shown in Section 9 thereof to be due under the terms and provisions of this agreement.
SECTION 3
That all sums shown herein to be payable by the Developer to the City are due and payable to the City upon
the execution of this agreement
SECTION 4
That all the provisions of this agreement and all work to be done pursuant to the terms of this agreement are
2
P 3 2 I; PA GE I 339
to be completed within one year from and after the date and year first above written.
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 the laws of the State of California or the Codes, Ordinances, Resolutions
of the City, in the event of any such default by Developer.
SECTION 7
That this agreement, together with the attached stipulations, is an instrument affecting the title or possession
of the real property described in Exhibit A. All the terms, covenants and conditions herein imposed shall be
binding upon and inure to the benefit of the successors in interest of Developer. Upon the sale or division of the
property described in Exhibit A, the terms of this agreement shall apply separately to each parcel and the
Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement.
SECTION 8
That the following General Stipulations and the attached stipulations shall be completed subject to the
approval of the Director of Public Works.
1, Locate and properly dispose of any wells, septic tanks and underground fuel storage facilites.
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
3
P 3 2 4 PA GE I 340
SECTION 9
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOTAL AMOUNT DUE CITY
$ 290.348.76
IN WITNESS WHEREOF, City has executed this agreement as of May 6,. 1996
AT EST: CITY OF G1Lb
U4~d/;;;;_Ji- j
CITY CLERK - - n rp~ a- MAYO
Susanne E. Steinmetz Do Gage
APPROVED AS TO FORM:
/' '
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. .' '_'~'" _<f _ /
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CITY ATTORNEY
Linda A Callon
Y ADMINISTRATOR
Baksa
IN WITNESS WHEREOF Owner has executed this agreement as of May 1, 1996
OWNER
f(.~
. Bremond, President
AN & BROAD-MONTEREY BAY, INe.
DATE May 1, 1996
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.
4
P 3 2 4 PA GE I 34 I
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STATE OF CALIFORNIA
COUNTY OF Monterey
}
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On April 8. 1996 before me, the undersioned, personally
appeared John H Bremond. President 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.
Signatur~ v;l7i~
(This area for official notarial seal)
Title of Document:
Date of Document:
Other signatures not acknowledged:
No. of Pages:
P 3 2 ~ PA GE I 342
STIPULA TION SHEET
Tract No. 8796
Property Improvement Agreement 96-05
1. The developer shall perform all improvements per the approved improvement plans for
Tract 8796 as prepared by Greiner, Inc.
El343
P 3 2 ". PA G
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, 'I'ty Site Map
VlelD
Tract 8796 ,
d VOlt ill
The Vineyar s,
P 3 2 4 fA GE I 344
DATE:
29-Mar-96
CITY OF GILROY
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
FINAL CHARGES
ALL PARK, POLICE & FIRE DEVELOPMENT FEES
HAVE BEEN DEFERED TO BUILDING PERMIT,
Tract 8796, Vineyards 3, Thomas Road
NUMBER: 96-05
PROJECT LOCATION:
PARCEL NUMBER:
A.P,N.808-20-OO4
OWNERIDEVELOPER:
Kaufman and Broad, Monterey Bay Inc.
MAILING ADDRESS:
1604 N. Main Street, Suite 0, Salinas, Ca. 93906
TELEPHONE NO:
408-442-7615
PREPARED BY:
Mark Fachin
Account No. Key Code Fee: Credits: Amount Due: Account Description:
100-2600-3-600400 4904 $5,639.80 $0.00 $5,639.80 Special Public Works Serv
100-2600-3-600412 4702 $34,625.00 $0.00 $34,625.00 Engring Plan Check & Insp
410-2400-3-629000 3302 $224,992.00 DEFERED TO BLDG PERMIT Park Development Fee
420-2600-3-680200 4501 $2,407.14 $0.00 $2,407.14 Storm Development Fee
431-2600-3-680300 5001 $0.00 $0.00 $0,00 Utility Undergrounding Fee
432-2400-3-625000 3301 $750.05 $0.00 $750.05 Str Tree Development Fee
433-2600-3-681000 4905 $96,352.00 $0.00 $96,352.00 Traffic Impact Fee
434-1400-3-680000 4402 $11,776.00 DEFERED TO BLDG PERMIT Police Development Fee
435-2600-3-671000 4509 $92,768.00 $0.00 $92,768.00 Sewer Development Fee
436-2600-3-695000 4510 $51,232.00 $0.00 $51,232.00 Water Development Fee
437-1500-3-680000 4511 $2,592.00 DEFERED TO BLDG PERMIT Fire Development Fee
720-0433-3-690000 2202 $6,574.77 $0.00 $6,574.77 Const Water Use Fee
801-0000-2-229015 4703 $0.00 $0.00 $0.00 Reimbursements
801-??oo-2-229015 4703 $0.00 $0.00 $0.00 XXX
801-0000-2-229015 4703 $0.00 $0.00 $0.00 XXX
Totals...,............ $529,708.76 $0.00 $290,348.76
Bonds and Securities $656,250
-----------
-----------
SERVICE CHARGES (1 )
P 3 2 4 p~ GE I 345
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 8796, Vineyards 3, Thomas Road
PARCEL NUMBER: A.P.N.808-20-004
OWNER/DEVELOPER: Kaufman and Broad, Monterey Bay Inc.
MAILING ADDRESS: 1604 N. Main Street, Suite D, Salinas, Ca. 93906
TELEPHONE NO: 408-442-7615
PREPARED BY: Mark Fachin
DEFER PARK, POLICE & FIRE DEVELOPMENT 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:
29-Mar-96
NUMBER:
96-05
Acres:
Lots:
32
o
o
o
o
o
o
Units:
32
o
Sq Ft:
6.220
0.000
0.000
0.000
0.000
0.000
0.000
0.000
o
o
o
o
o
o
Commercial/Industrial Allocations:
Sewer GPD:
o
Water GPD:
o
Reimbursements and credits:
N Country Estates Water System?
N Country Estates Sewer System?
N Obata Industrial Park Credit?
N Northwest Quadrant Sewer?
N Southeast Quadrant Hydrology Study?
Front Footage for Front Foot Charges and Construction Water:
Street Tree FF: Water FF:
2,143.00 0.00
Sewer FF:
0.00
Storm FF:
0.00
Construction Water FF:
2,143.00
Special Public Works Services
100-2600-3-600400
100%
$5,639.80
$5,639.80
Maps:
Final $3,025.00 + $50.00 lot Y
Parcel $1,070.00 + $100.00 lot N
Reapportionment (Assessment District Parcels)
$1,767.00 + $100.00 lot N
Administration Fees:
Country Estates Water System Y
(Not Included)
Country Estates Sewer Trunk Main Y
(Not Included)
Northwest Quadrant Sewer Trunk Main Y
(Not Included) =
Southeast Quadrant Hydrology Study Y
(Not Included) =
COST SCHEDULE (1 )
$4,625.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
P 3 2 4 PA GE , 346
Miscellaneous Engineering Services:
(Cost Schedules, Agreements, RIW Reviews and Other Misc, Services)
10 hr Misc Services $77.00 I hr.
$770.00
y
=
Public Works Microfilming (Maps and Plans):
1- 6 shts $149.94 +
$6.62
sheet
y
$0.00
7-12 shts
$191.84 +
$6.62
sheet
y
$244.80
$0.00
13-18 shts
$233.73 +
$6.62
sheet
y
# of Shts
8
100%
$34,625.00
$34,625.00
Engring Plan Check and Inspection
(Based on total cost of public
right-of-way improvements)
---2- hr Site grading
100-2600-3-600412
$0.00
$77.00 I hr.
y
Actual Cost of Public Improvements
$437,500
$10,000,00
10% of first
$100,000
y
$8,000.00
8% of $100,000 -
$200,000
y
=
$16,625.00
7%
over
$200,000
y
Offsite Improvements to be Bonded
$437,500
Park Impact Fee
PARK FEE DEFER ED TO BUILDING PERMIT
410-2400-3-629000 $224,992.00
100% $224,992.00
a. Residential-Low
$7,031.00 I unit
y
$224,992.00
=
$0.00
b. Residential-High
$5,022.00 I unit
y
=
b. Residential-High
420-2600-3-680200 $2,407,14
100% $2,407.14
$387,00 acre y $2,407.14
=
$581,00 acre y $0.00
$775.00 acre y $0.00
=
$871.00 acre y $0.00
=
$387.00 acre y $0.00
Storm Drain Impact Fee
a. Residential-Low
c.Commercial
d.lndustrial
e.Assembly Hall
Obata Industrial Park Credits
(Based on reimbursements due from oversized storm facilities)
Obata Fee Credit $1,170.00 I acre
$0.00
y
COST SCHEDULE
(2)
P 3 2 4 PA GE I 31.; 7
Utility Underground Fee 431-2~3~80300 $0.00
100% $0.00
Front Footage
$121.20 / f.f.x N 0.00
Street Tree Fee 432-2400-3-625000 $750.05
100% $750.05
Front Footage
a.City Planting and Replacement
$2.51 / f.f.x N 0.00 $0.00
=
b.lnspection and Replacement
$0.35 / f.f.x Y 2,143.00 $750.05
=
Traffic Impact Fee 433-2600-3-681000 $96,352.00
100% $96,352.00
a. Residential-Low $3,011.00 / unit Y $96,352.00
=
b. Residential-High $2,441.00 / unit y $0.00
c,Commercial-Low Traffic
(<= 4 trips/1 000 sf) $3,330.00 / k.s.f, Y $0,00
d.Commercial-High Traffic
(> 4 trips/1 000 sf) $6,729.00 / k.s.f. Y $0.00
=
e.lndustrial-General $1,300.00 / k,s.f. Y $0.00
f.lndustrial-Warehouse $958.00 / k.s.f. y $0.00
=
Police Impact Fee
POLICE FEE DEFERED TO BUILDING PERMIT
434-1400-3-68??oo $11,776.00
100% $11,776.00
a.Residential-Low
$368.00 / unit Y $11,776.00
$564.00 / unit Y $0.00
$544.00 / k.s.f. y $0.00
$20.00 / k.s.f. y $0.00
(3)
b.Residential-High
c.Commercial
d.lndustrial
COST SCHEDULE
P 3 2 4 PA GE I 348
-'100%
$92,768.00
-- $92,768.00-
Sewer Impact Fee
43~2600-3-671000
$92,768.00
a. Residential-Low
$2,899.00 / unit
y
$0.00
b.Residential-High
$2,071.00 / unit
y
c. Commercial/Industrial
$998.00 /
100 gals.lday
y
$0.00
=
$0.00
Country Estates Sewer Trunk Main
(Not Included)
y
=
Obata Industrial Park Credits
(Based on reimbursements due from oversized sewer facilities)
Obata Fee Credit $531.00 / acre
y
$0.00
100%
$51,232.00
$51,232.00
Water Impact Fee
~26oo-3-695ooo
$51,232.00
a.Residential-Low
$1,601.00 / unit
y
=
b,Residential-High
$1,144.00 / unit
y
$0.00
=
c. Commercial/Industrial
$2,434.00
$0,00
1,000 gals.lday
y
Obata Industrial Park Credits
(Based on reimbursements due from oversized water facilities)
Obata Fee Credit $154.00 / acre
y
$0.00
=
Fire Impact Fee
FIRE FEE DEFERED TO BUILDING PERMIT
437-1500-3-680000 $2,592.00
100% $2,592.00
$2.58 / fJ.
$81.00 / unit y $2,592.00
$108.00 / unit y $0.00
$72.00 / k.sJ. Y $0.00
$9.00 / k.sJ. y $0.00
=
720-0433-3-690000 y $6,574.77
100% = $6,574.77
+ $168.14 / a.c,
(4)
a.Residential-Low
b. Residential-High
c.Commercial
d.lndustrial
Water User Fee (Construction)
COST SCHEDULE
P 3 2 4 PA GE I 349
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 12" mains)
Half Pipe Front Footage
6" Main $12.50 I fJ. x N 0.00 = $0.00
=
8" Main $13.50 fJ.x N 0.00 $0.00
10" Main $15.00 fJ.x N 0.00 $0.00
12" Main $16.50 fJ.x N 0.00 $0.00
14" Main $18,50 fJ. x N 0.00 $0,00
16" Main $21.00 fJ,x N 0.00 $0.00
18" Main $24.50 fJ.x N 0,00 = $0.00
=
24" Main $30.50 fJ.x N 0.00 $0.00
30" Main $36.00 fJ. x N 0.00 $0.00
=
36" Main $42.50 f.f.x N 0.00 $0.00
=
Country Estates Water System Y $0.00
(Not Included)
Sewer 801-??oo-2-229015 $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 I fJ.x N 0.00 $0.00
8" Main $12.50 fJ.x N 0.00 $0.00
10" Main $14.00 f.f.x N 0.00 = $0.00
12" Main $15.50 fJ. x N 0.00 = $0.00
=
15" Main $19.00 f.f.x N 0.00 $0.00
18" Main $23.50 f.f.x N 0.00 = $0.00
21" Main $27,50 fJ,x N 0.00 $0.00
24" Main $32.00 fJ.x N 0.00 $0.00
=
27" Main $35.50 fJ. x N 0.00 = $0.00
Northwest Quadrant Sewer Trunk Main Y $0.00
(Not Included)
Country Estates Sewer Trunk Main Y $0.00
(Not Included) =
COST SCHEDULE (5)
P 3 2 It fA GE I 350
Street Improvements 801-0000-2-229015 $0.00
100% $0,00
Pavement Square Footage
3" AC on 8" AB $2.47 x 0.00 $0.00
3" AC on 10" AB $2.77 x 0.00 = $0.00
3" AC on 12" AB $3.06 x 0.00 = $0.00
3" AC on 15" AB $3.51 x 0.00 $0.00
Square Footage
Sidewalk 4" on 4" $4.54 x 0.00 $0.00
and driveway
Front Footage
Curb/Gutter on 6" $14.74 x 0.00 $0.00
Storm Drain 801-0000-2-229015 $0.00
100% $0,00
Storm Mains, including manholes and catch basins:
(Developer is responsible for up to and including 24" mains)
Half Pipe Front Footage
18" Main $19.50 fJ.x N 0.00 $0.00
21" Main $21.00 fJ.x N 0.00 = $0.00
24" Main $22.50 fJ.x N 0.00 $0.00
=
27' Main $24.00 fJ.x N 0.00 = $0.00
=
30" Main $25,50 fJ. x N 0.00 $0.00
33" Main $27.00 fJ.X N 0.00 $0.00
36" Main $28.50 fJ.x N 0.00 $0.00
4Z' Main $32.00 fJ.x N 0.00 $0.00
48" Main $35.00 fJ. x N 0.00 $0.00
54" Main $38.00 fJ.x N 0.00 = $0.00
=
60" Main $41.00 fJ.x N 0.00 = $0.00
=
66" Main $44.00 fJ,x N 0.00 = $0.00
=
7Z' Main $47.00 fJ.x N 0.00 = $0.00
COST SCHEDULE (6)
P 3 2 4 PA GE \35 ,
78" Main
$50.00
fJ,x
N 0.00
=
N 0.00
N 0.00
N 0.00 =
y
801-??oo-2-229015
$0.00
84" Main
$53.00
fJ.X
$0,00
90" Main
$56.00
fJ.X
$0.00
96" Main
$59.00
fJ. x
$0.00
Southeast Quadrant Hydrology Study
(Not Included)
$0.00
Bonds and Securities
. Not included in TOTAL DUE
$656,250
(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.
COST SCHEDULE
(7)