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PIA No. 2000-36 - Summerhill Gilroy "1 C\ RECORDING REQUESTED BY: DOCUMENT: 15403989 Titles:1 / Pages: 22 70 00 City of Gilroy Fees. . Taxes. . . Cop i es. . AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Cont rador WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 70.00 ROE t:I 006 9/27/2000 11: 30 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2000-36 Tract 9286, Summerhill, Phase 1 at Eagle Ridge A.P.N. 810-43-003 Summerhill Gilroy, LLC, A California Limited Liability Company 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. 2000-36 This agreement is made and entered into this 18th day of September , 2000, by and between the City of Gilroy, a municipal corporation, herein called the "City" and. Summerhill Gilroy LLC. A California Limited Liability Company. 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 9286. Summerhill. Phase 1 at Eagle Ridge 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 ofthe 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 ofthe Developer, or any employee ofthe 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 ofthe 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 ofthe bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) ofthe 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 ofthe improvements by Developer and acceptance ofthe improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance ofthe 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 3 total estimated amount payable for the improvements described in this agreement when the total 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 of the 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 ofthe 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 ofthe 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 of the 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 ofInsurance. e. That upon approval of the final map of the subdivision, the record of survey or 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 thereofto be due under the terms and provisions ofthis 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 4 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 ofthe 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 agreement, together with the attached stipulations, is an instrument affecting the title or possession ofthe 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. 5 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 ofthe fire hydrants will be determined by the Fire Chief. 6 SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $387.879.05 IN WITNESS WHEREOF, City has executed this agreement as of 9-18-0D ~~.~. Rhonda Pellin CITY CLERK ...-J APPROVED AS TO FORM: ~tr.~ CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agreement as of ~ fl<9~~ Ri",t..... d P. IL.l._u l' _1) .., 1 J tt)o.('~ ~. ~~ \:.i,,~ g@nlnr uiH "Pr'Jfli~8Rt ~c..(I:z."''''I'') ~ ~\)l'l'\""-r\\,\\ l\~C'All~ Summerhill Gilroy, LLC A California Limited Liability Company OWNER Ll(, 1l'\\\"O~~ 0"", esE. . r V' -President o~ ~<J",,~r\\i" {.tCl~ lLc..) W'\~,,~~u-- 0", Summerhill Gilroy LLC A California Limited Liability Company NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles ofthe persons signing for the corporation shall appear above. 7 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On ~~. l\(2.0G>, before me,_'f;t.tJ\ ~. t'ootJ I ~c)~o.~ P\l.Iq\,\c.. personally appeared ""ftU. f\. ~%\~O AV\d.. JA""ES e. ~Vtl~ON personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( s) whose name(s~/are subscribed to the within instrument and acknowledged to me that liefsfte/they executed the same in ~/their authorized capacity(ies), and-that by ~their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Signature Wf),..- l------------J . BEN I E. POON Commission # 1255213 z i' Notary Public - California ~ i Santa Clara County t MyComm. Bcpres Mar 2. 2004 -..-.---------------- WITNESS my hand and official seal. per GC Sec. 40814; CC Sec. 1181 7 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On September 18, 2000, 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. WITNESS my hand and official seal. ~~. I P ~ ~ ~N;^~N ~ -I _ . Corrvnission,. 1142623 I' Notay Publ"1C - COlifaria ~ Santa CIaa County - t......... ~~.:~~l:~lf per GC Sec. 40814; CC Sec. 1181 (Notary Seal) STIPULATION SHEET Tract 9286 Summerhill, Phase 1 at Eagle Ridge Improvement Agreement No. 2000-36 The following are stipulations to Improvement Agreement No. 2000-36 for Tract 9286: 1) The Developer is responsible for completing all improvements for Tract 9157 as shown on the plan by Ruggeri-Jensen-Azar & Associates. 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 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.) . 4) 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) 5) 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 and subsequent phases) 6) 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) 7) The developer shall pay a one-time, $30,000 payment for the Castro Valley/Highway 101 Intersection as outlined in the Traffic Analysis Report. The payment is due with the last phase of the project. (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).) 9) 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 and Phase IIa is complete. (Phase I and subsequent phases) 10) 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 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 and 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 Homeowner's Association until such time as the City accepts the open space. (Phase I and subsequent phases) 11) 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) 12) The developer shall be responsible for the storm water system maintenance as part of the SWPPP, previously prepared as part of Phase I, until the golf course operation plan is in effect. (subsequent phases) 13) The City engineer will monitor the adequacy ofthe Eagle Ridge storm drain system. Ifthe 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) 14) 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) 15) 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) 16) 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) 17) 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. 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) Accepted by: SUMMERHILL GILROY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ~~'. 'S.\)('C\n'QS"\\~\\ "aN\Q.~ LL'--, \'s \\\~~~Cl.r BY: ~9.~ Ridml:d P. D{,.:lL_~., SGu.':'Ol V':'c", PlesiQeRt BY: tn<lf'l ~. t~\c.i"ot Scu.t'l-t~~ DATE: DATE: ST ATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On ~q\. ". Zoco, before me, YxIJ' e. ~Oj.l, N~ ~19\'\c. personally appeared Mf\1U( ~. fJtS /J.D QI.\ M ~. 6vrJ~'i)~ 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-hetshe/they executed the same in ffisfher/their authorized capacity(ies), and that by.JHsfhef/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Signature -~ fJlfI.-- per GC Sec. 40814; CC Sec. 1181 1.~=:3-1 j Notay PubIc - Callfonia ~ i - 0Ja QUIIy I - - - ~~~~:~ WITNESS my hand and official seal. \\CITYHALL\ VOLUME _1 \USERS\MARIL YNG\FORMS\AGRMENTS\RESAGRMT 8 DATE: 06-Sep-2000 NUMBER: 2000-36 PROJECT LOCATION: PARCEL NUMBER: OWNERfDEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: Account No. Key Code 100-2601-0000-3625 4904 100-2601-0000-3605 4702 410-2600-0000-3660 3302 420-2600-0000-3660 4501 431-2600-0000-3660 5001 432-2600-0000-3660 3301 433-2600-0000-3660 4905 434-2600-0000-3660 4402 435-2600-0000-3660 4509 436-2600-0000-3660 4510 437 -2600-0000-3660 4511 438-2600-0000-3660 4512 720-0433-0000-3620 2202 801-2601-PWDO-3899 4703 801-2601-PWDO-3899 4703 801-2601-PWDO-3899 4703 801-2601-PWDO-3899 4703 Totals................ Bonds and Securtties SERVICE CHARGES CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL CHARGES ALL PARK. POLICE & FIRE DEVELOPMENT FEES HAVE BEEN DEFER ED TO BUILDING PERMIT. Tract 9286, Summerhill, Phase 1 at Eagle Ridge A.P.N. 810-43~03 SummerHill Gilroy, LLC, A California Limited Liability Company 777 California Avenue, Palo ARo, Ca. 94304 650-857-0122, fax 650-857-1077 Mark Fachin, (408) 846-0450 Fee: Credtts: Amount Due: Account Description: $5,437.93 $0.00 $5,437.93 Special Public Works SeN $119,500.00 $0.00 $119,500.00 Engring Plan Check & Insp $165,380.00 DEFERED TO BLDG PERMIT Park Development Fee $6,248.00 $0.00 $6,248.00 storm Development Fee $0.00 $0.00 $0.00 Utility Undergrounding Fee $0.00 $0.00 $0.00 str Tree Development Fee $87,620.00 $0.00 $87,620.00 Traffic Impact Fee $39,380.00 DEFERED TO BLDG PERMIT Police Development Fee $107,420.00 $0.00 $107,420.00 Sewer Development Fee $40.700.00 $0.00 $40,700.00 Water Development Fee $3,280.00 DEFER ED TO BLDG PERMIT Fire Development Fee $0.00 DEFERED TO BLDG PERMIT Public Faciltties Impact Fee $20,953.12 $0.00 $20,953.12 Const Water Use Fee $0.00 $0.00 $0.00 Reimbursements $0.00 $0.00 $0.00 X $0.00 $0.00 $0.00 X $0.00 $0.00 $0.00 X $595,919.05 $0.00 $387,879.05 $3,300,000 ----------- ----------- (1) SUMMERHILL CITY OF GILROY DEPARTMENT OF PUBLIC WORKS DATE: 06-Sep-2000 ENGINEERING DIVISION FINAL COST SCHEDULE NUMBER: 2000-36 ALL PARK, POLICE & FIRE DEVELOPMENT FEES HAVE BEEN DEFERED TO BUILDING PERMIT. PROJECT LOCATION: Tract 9286, Summerhill, Phase 1 at Eagle Ridge PARCEL NUMBER: A.P.N.810-43-003 OWNER/DEVELOPER: SummerHill Gilroy, LLC, A California Limned Liability Company MAILING ADDRESS: 777 California Avenue, Palo Mo, Ca. 94304 TELEPHONE NO: 650-857-0122. fax 650-857-1077 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 permns were issued. All Park, Police & Fire development impact fees have been defered and will be collected wnh the building permn fees. Sne Information: Acres: Lots: Unns: Y Residential-Low? 8.0 28 20 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 Sq Ft: o o o o o o CommerciaVlndustrial Allocations: Sewer GPD: Water GPD: 0 0 Reimbursements and credns: N Country Estates Water System? N Southeast Quadrant Hydrology study? N Country Estates Sewer System? N Obata Industrial Park Credn? Front Footage for Front Foot Charges and Construction Water: street Tree FF: Water FF: Sewer FF: storm FF: 0.0 0.0 0.0 0.0 Construction Water FF: 7.600.0 100% $5,437.93 $5.437.93 Special Public Works Services 100-2601-0000-3625 Maps: Final $3,025.00 + $50.00 lot Y $4,425.00 Parcel $1,070.00 + Reapportionment (Assessment District Parcels) $1,767.00 + $100.00 lot N $0.00 $100.00 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 COST SCHEDULE (1) SUMMERHILL Miscellaneous Engineering Services: (Cost Schedules, Agreements, RfW Reviews and Other Misc. Services) 10 hr Mise Services $77.00 I hr. y $770.00 Public Works Microfilming (Maps and Plans): 1- 6 shts $152.94 + $6.75 sheet N $0.00 7-12 shts $195.68 + $6.75 sheet y $242.93 13-18 shts $238.40 + $6.75 sheet y $0.00 # of Shts 7 Engring Plan Check and Inspection 100-2601-0000-3605 $119,500.00 (Based on total cost of public 100% $119,500.00 right-of-way Improvements) ~ hr Stte grading and $77. 00 I hr. N $0.00 reinspection charges Actual Cost of Public Improvements $1,650,000 10% of first $100,000 y $10,000.00 8% of $100,000 - $200,000 y $8,000.00 7% over $200,000 y $101,500.00 Otfstte Improvements to be Bonded $1.650,000 PARK FEE DEFERED TO BUILDING PERMIT Park Impact Fee 410-2600-0000-3660 $165,380.00 100% $165,380.00 a.Residential-Low $8,269.00 I untt y $165,380.00 b. Residential-High $5,906.00 I untt Y $0.00 storm Drain Impact Fee 420-2600-0000-3660 $6,248.00 100% $6,248.00 a. Residential-Low $781.00 acre y $6,248.00 b.Resldential-Hlgh $1,172.00 acre y $0.00 c.Commerclal $1,563.00 acre N $0.00 d.lndustrlal $1,758.00 acre y $0.00 e.Assembly Hall $781.00 acre y $0.00 Obata Industrial Park Credtts (Based on reimbursements due from oversized storm faciltties) Obata Fee Credtt $1,170.00 I acre Y $0.00 COST SCHEDULE (2) SUMMERHILL 100% $0.00 $0.00 Utility Underground Fee 431-2600-0000-3660 Front Footage $126.09 / f.f. x NB 0.0 street Tree Fee 432-2600-0000-3660 $0.00 100% $0.00 Front Footage a.City Planting and Replacement $2.56 / U. x N 0.0 = $0.00 b.lnspection and Replacement $0.36 / U. x y 0.0 = $0.00 Traffic Impact Fee 433-2600-0000-3660 $87,620.00 100% $87,620.00 a.Residential-Low $4,381.00 / unn y $87,620.00 b.Residential-High $3,551.00 / unn 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/1 000 sl) $9,791.00 / k.sJ. y $0.00 e.lndustrial-General $1,892.00 / k.sJ. y $0.00 f.lndustrial-Warehouse $1,394.00 / k.sJ. Y $0.00 b.Residential-High POLICE FEE DEFERED TO BUILDING PERMIT 434-2600-0000-3660 $39,380.00 100% $39,380.00 $1,969.00 / unn Y $39,380.00 $3,003.00 / unn Y $0.00 $2,821.00 / k.sJ. y $0.00 $117.00 / k.sJ. y $0.00 (3) Police Impact Fee a.Residential-Low c.Commercial d.lndustrial COST SCHEDULE SUMMERHILL Sewer Impact Fee 435-2600-0000-3660 $107,420.00 100% $107,420.00 a.Residential-Low $5,371.00 untt y $107,420.00 b.Residential-High $3,836.00 untt 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 Credtts (Based on reimbursements due from oversized sewer faciltties) Obata Fee Credtt $531.00 I acre y $0.00 Water Impact Fee 436-2600-0000-3660 $40,700.00 100% $40.700.00 a.Residential-Low $2,035.00 untt y $40,700.00 b. Residential-High $1,453.00 untt y $0.00 c.CommerciaVlndustrial $3,092.00 kgpd y $0.00 Obata Industrial Park Credtts (Based on reimbursements due from oversized water faciltties) Obata Fee Credtt $154.00 I acre y $0.00 Fire Impact Fee 437-2600-0000-3660 $3,280.00 100% $3,280.00 a.Residential-Low $164.00 untt y $3,280.00 b.Residential-High $234.00 untt y $0.00 c.Commercial $145.00 k.s.f. y $0.00 d.lndustrial $18.00 k.s.f. y $0.00 PUblic Faciltties Impact Fee 438-2600-0000-3660 $0.00 100% $0.00 a.Residential $1.051.00 untt N $0.00 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 y $20,953.12 100% = $20,953.12 $2.58 I f.f. + $168.14 I a.c. COST SCHEDULE (4) SUMMERHILL Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) Water 801-2601-PWDO-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 f.f. x N 0.0 = $0.00 30" Main $37.00 f.f.x N 0.0 = $0.00 36" Main $43.50 f.f. x N 0.0 = $0.00 Country Estates Water system y $0.00 (Not Included) Sewer 801-2601-PWDO-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 f.f. 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 f.f.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) SUMMERHILL Street Improvements 801-2601-PWDO-3899 $0.00 100% $0.00 Pavement Square Footage 3" AC on 8" AB $2.57 x 0.0 = $0.00 3" AC on 10" AB $2.89 x 0.0 = $0.00 3" AC on 12" AB $3.18 x 0.0 = $0.00 3" AC on 15" AB $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-PWDO-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 fJ. x 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 fJ. x N 0.0 = $0.00 48" Main $36.50 fJ. x N 0.0 = $0.00 54" Main $39.50 fJ. x 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 f.f. x N 0.0 = $0.00 COST SCHEDULE (6) SUMMERHILL 78" Main $52.00 fJ. x N 0.0 = $0.00 84" Main $55.00 fJ. x N 0.0 = $0.00 90" Main $58.00 f.f.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 Securities 801-2601-PWDO-3899 $3,300,000 . 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 Permils are issued. The undersigned agrees to provide actual construction costs for recalculation offees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the CiIy of Gilroy will refund the difference. Sile 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. Date: Accepted by: COST SCHEDULE (7) SUMMERHILL .- 1',;."" I,..... OET AIL- ~ ~ '-=50" ~\!l I ;;f;~, w--+- E \"V I ~5.50 --.."" DETAIL ~.." '"-50' \..>~Q'J.\. - ","...<::1 I ~9~ -- - - ---=~~?- - ----- @ 5 t~ DETAIL \ '"=50' OJ . \._'f'__'\,':<OJ _':".... ~.~. . ,,, ~~ @ VICINITY SITE MAP Tract No. 9286, APN 810-43-003 Summerhill Gilroy, LLC, A California Limited Liability Company Exhibit" A"