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PIA No. 2014-07 - Gilroy 55 Lots, LLCRECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 22804787 11 ill ill 111 111il 1111111111 iiiii Ill 111111111111111111111111 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages: 23 Fees.... 91.00 Taxes... Copies.. AMT PAID 0 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2014 -07 Silveira Tract 10230 APNs: 783 -16 -026 Silveira Tract 10230 RDE # 026 12/18/2014 2 :15 PM PROPERTY IMPROVEMENT AGREEMENT Property Improvement Agreement No. 2014 -07 This Property Improvement Agreement ( "Agreement ") is made and entered into this Ir day of November, 2014, by and among the City of Gilroy, a municipal corporation, herein called the "City," and Gilroy 55 Lots, LLC, a Limited Liability Company, a California corporation, herein called the "Developer ". WHEREAS, a tentative final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as and called: Silveira Tract 10230 APNs: 783 -16 -026, a legal description of which is attached hereto and incorporated herein as Exhibit "A" (the "Property "), and as described in the project improvement plans entitled Silveira Tract 10230. WHEREAS, the Owners are the fee owner of the Property and have contracted with Developer to sell the Property to Developer, and Developer requires certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and Owners are in agreement therewith and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this Agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. -2- SECTION 2 The Developer or Owners 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 the Property necessary for the City in order that its water, electricity, and /or sewer lines in or to said Property may be extended. 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 Property which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said Property; 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 and the improvement plans submitted to the City of Gilroy in furtherance of this Agreement on file with the City of Gilroy. All construction and improvements shall be completed 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 a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California Each bond shall set forth a time period for performance by the, contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in the amount of ten percent (10 0/0) 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. -3 The Payment Bond shall . be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer or Owners 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 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 suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 9100; (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, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms,. inure 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 or Owners shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance's website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety'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. e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer or Owners pursuant to the attached comprehensive fee schedule are due and payable to the City prior to Council approval of the final map of the subdivision. Upon approval of the record of survey or the building permit covering the real estate to be improved and before any work is done therein, the Developer or Owners shall pay to the City all other sums payable by Developer pursuant to the attached comprehensive fee schedule. f. At all times during the term of this Agreement and until the improvements constructed by Developer or Owners are accepted by City, Developer or Owners 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 or Owners 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 -4- t suffered by reason of the acts or omissions of Developer or Owners or Developer's contractors or subcontractors or their respective employees. Developer and Owners hereby waives, and Developer or Owners 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 or Owners 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 or Owners 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 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 of this Agreement first above written. Developer or Owners shall maintain such public works facilities and other improvements described in this Agreement at Developer's or Owner'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 4 That the faithful and prompt performance by the Developer or Owners 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 or Owners 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 or Owners. SECTION 5 That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is an instrument affecting the title or possession of the real property and runs with the land. Except as expressly provided in the second sentence of Item 3 of the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Owners, Developer, the successors in interest of Developer, their respective successors and permitted assigns and all subsequent fees owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and /or entity. Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement. -5- SECTION 6 The following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer: This agreement guarantees improvements associated with the Silveira development. The latest City approved plan set shall hold true. 2. No building permit shall be. issued in connection with this project if the owner or developer of such development ( i) is not in compliance with the City's Residential Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the. RDO. The project must also comply with any condition of exemption granted from the RDO, including but not limited to time limits in obtaining City approvals and completion of construction of the dwelling units. 3. All work is to be performed in compliance with the City of Gilroy Specifications Standards and Design Criteria and is subject to all laws of the City of Gilroy by reference. Public street improvements and the design of all public storm drainage facilities, sewer, and water lines shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy's Public Works Director /City Engineer. 4. The project shall adhere to all the Tentative Map conditions (TM 13 -04) as well as to all the ,Mitigation Measures for this project. 5. Additional Planning conditions may follow which may include outstanding fees for additional.City staff time allocated to the project and shall be paid by issuance of 1St building permit. 6. Provide landscape plans that include vegetation to sufficiently screen masonry walls placed along Day Road and Cougar Court as viewed from those roadways. Approved landscape plan shall be implemented prior to building permit issuance. 7. The applicant shall obtain a Habitat Plan permit from the City of Gilroy prior to issuance of a grading permit. 8. The applicant shall be responsible for the construction of improvements to correct the queue deficiency for left-turn movements at the intersection of Santa Teresa Boulevard and Day Road (east) as identified in the Silveira Residential Subdivision Traffic Impact Analysis (Hexagon Transportation Consultants, October 29, 2013). The improvement plans will be subject to approval by the City of Gilroy traffic engineer prior to approval of the final improvement plans and the improvements shall be completed prior to any building permit final for the project, excluding Model Home permits. Project shall retain an on -call traffic engineer to assist in addressing any field issues that may arise. IM 10. Frontage road landscaping shall be funded by the city's Citywide Landscape Community Facilities District No.. 2012 -1 (CFD 2012 -1). The developer shall pay the annexation fee and complete the annexation application to annex into CFD 2012 -1 prior to lst building occupancy or as otherwise determined by the Director of Public Works. 11. The applicant and /or developer as a courtesy shall submit improvement plans of County facilities to the County no later than 30 days after approval, in acknowledgement of their request for concurance on their Trail access goals.. 12. The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments, which was adopted on August 4, 2014 to meet the requirements imposed by the State of California's Water Board. This Ordinance established permanent voluntary water saving measures and temporary water conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water; where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. 13. This project is subject to post - construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code. Post - construction treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and /or improvement plan approval. a. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of any building permit requiring stormwater management BMPs, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City - standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to -7- public health or safety, the city shall have the authority to perform maintenance and /or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition.and promptly repaired /replaced by the property owner(s), an owners' or homeowners` association or other legal entity approved by the City. v. Any repairs or restoration /replacement and maintenance shall be in accordance with City- approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stonnwater Runoff Management Plan. b. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: iii. Site address; iv, Date and time of inspection; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and ix. As applicable, the need for site re- inspection. c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 15t for the Fall report, and no later than March 15t of the following year for the Winter report. 14. Improvements shall conform to the final City approved plan set. Construction staging, traffic control plans and encroachment permits will need to be coordinated with each segment of the project to ensure minimal impact to road users. 15. If there are any reimbursements payable to the Developer, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Developer named in this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City's reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. In addition to any other conditions, requirements and limitations set forth in the City's reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on -8- hand in the specific reimbursement fund from which Developer's reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be of high importance are determined by City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance. Reimbursements payable to Developer, subject to the terms and conditions of this Agreement and the City's reimbursement policies and ordinances in effect from time to time. The following facilities are subject to reimbursements: 16. Developer or Owners agrees to: a. Pay City the initial estimated amount based on an initial cost estimate previously submitted by Developer for all activities undertaken pursuant to this Agreement; the breakdown of said activities is further described in.the "City of Gilroy Community Development . Department Engineering Division Cost Estimate" attached hereto as Exhibit "B ". Such payment shall be made prior to the issuance of the Grading Permit for any work performed on Improvement Property. Such payment does not include the permit processing fees that may be due for the grading permit. Developer or Owners shall pay any additional final costs due City based on any additional reinspection costs of the Improvements incurred by City and final costs submitted by Developer or Owners at the completion of work. Such payment shall be made no later than the date that Developer submits the Development Documents for City review. b. Provide a construction schedule to City and hold a pre - construction meeting with City inspection staff present. Developer shall notify City, no later than two (2) business days prior to commencement of construction and permit City staff to be present at any time City considers advisable during Developer's construction of the Improvements in order to determine whether such improvements meet relevant; current City Regulations. c. Provide City with a twenty -four (24) hour emergency contact number through which City may contact Developer in -case City determines that an unsafe condition may exist on the Improvement Site. 17. Nothing in this Agreement shall be deemed to abrogate the responsibility of Developer or Owners to pay any fees, obtain any permits, including an encroachment permit for work within a City right -of -way and a grading permit for work within Developer's private property, and comply with any City Regulations or Additional Regulations associated with construction of the Improvements. Fees shall include, but not be limited to, costs of plan check and City inspection of construction on site. The term of this Agreement shall commence on the effective date and terminate three hundred sixty-five (365) days thereafter, however the bonds cannot be released if improvements have not been completed to the satisfaction of the City Engineer. Notwithstanding the foregoing, this Agreement may earlier terminate upon an improvement agreement in form satisfactory to the City that covers all the M Improvements as set forth herein. Notwithstanding the foregoing as to termination, the Developer named herein shall be solely entitled to all reimbursements as set forth in this Section 6 Paragraph 3, and this right shall survive the termination of this Agreement. In lieu of the bonds as set forth in Section 2 (d) above, Developer may furnish one or more irrevocable letters of credit issued by a bank admitted to do business in the State of California acceptable to City in amounts, form and substance as approved by the City. -10- SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY CITY OF GILROY ly: oma s J. Haglund $2, 597, 785.94 DEVELOPER Gilroy 55 Lots, LLC, a Limited Liability Company By: Title: fit 6s! 66,,MT Date: I C) / Z 11 y OWNERS: Gilroy 55 Lots, LLC, a Limited Liability Company By: Z� Gay G�,��o Title: (�2ES�u7cN� -11- APPROVED AS TO FORM: r Linda A. Callon, City Attorney NOTE: If Developer is a corporation, the complete legal name and corporate sea] of the corporation and the corporate titles of the persons signing for the corporation shall appear above. [ATTACH CURRENT NOTARY FORM(S)] Attachments: • Exhibit A - Legal Description • Exhibit B — Development Cost Schedule -12- r� State of California }ss. County of Alameda On November 4, 2014 . before me, Susan M. Brady, Notary Public. Date personally appeared Gary L. Galindo Name(s) of Signer(s) SUSAN M. BRADY Commission # 2034359 Notary Public - California Alameda County Li - - - - - - - - - - - - - - M Comm. Ex iris Aug 7 2017 Who proved to me on the basis of satisfactory evidence 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A-Z Susan M. Brady-Commission N 'V2034359 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. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Other than Named Above: Signers Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner- ❑ Limited ❑ General • Attomey -in -Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: Number of Pages: CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of 6aY40— L�%.L�rYi�_ CML CODE § 1189 On 'Z� ,l� before me, dY1 Z(D 1 �u ��r ��UI )C— Date �— Here Insert Na a nd Title of the Officer personally appeared l i'iGl� rl Na ( ) of Signer(s) s who proved to me on the basis of satisfactory evidence to be the person) whose name( s subscribed to the within instrument and acknowledged to me that helshimey executed the same in is erTil authorized capacity(ies), and that by INGA ALONZO his signature06 on the instrument the rg. r Commission 19319139 person, or the entity upon behalf of which the Z . =� Notary Public - Cai�fornia Z persod" acted, executed the instrument. Z Santa Clara County -> My Comm. Expires Apr 15, 2015 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 0�4� Place Notary Seal Above Si OPTIONAL )nature of Notary Public 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. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual ❑ Partner — ❑ Limited ❑I General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 ORDER NO.: 0621005296 -JW EXHIBIT A The land referred to is situated in the County of Santa Clara, City of Gilroy, State of California, and is described as follows: All of Parcel Two, as shown upon that certain Map entitled, "'Parcel Map ", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on February 12, 2009 in Book 830 of Maps, at page(s) 21. APN: 783 -16 -026 0 Page 1of1 i w Page 1of1 ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: E1 Account No. Key Code 100 -2601- 0000 -3625 4904 100 - 2601- 0000 -3605 4702 420 - 2600 - 0000 -3660 4501 432 - 2600= 0000 -3660 3301 433 - 2600 - 0000 -3660 4905 435- 2600 - 0000 -3660 4509 436 - 2600 - 0000 -3660 4510 440- 2600 - 0000 -3660 4515 720-0433 -0000 -3620 2202 801- 2601 -PWDO -3899 4703 801- 2601 -PWDO -3899 4703 9122/2014 8:59 AM CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 7/1/2014 1'4060022 °� fi Revised: ' ,—`, '�' Revision Number. � 1 18vep 14xk- Revision By: - -�j, 783:18-026;1 <. wti lip. . �Signature,tlornes2GleniLoma Corpoi�ation��•� _.._ _.� .�:� • -' ,,w,, 7� -.,, .�ra,.,r „',.� , as s [7888WN 5 .� , ,IW411; 7,-.1371 ;'ad f .. ,•x•^tf- 'P 77-7-77--1 � IVCervantes Fee: Credits: Amount Due: Account Description Paid on Invoice # $2,618.50 �_ �] $2,618.50 S pedal Public Works Sery $310,079.28 R$1,1`825:44 ,1 g $191,953.84 Eng Plan Check & Insp $8,403.60 — TMv $8,403.60 Storm Development Feed ; $2,255.00 - :. � $2,255.00 Str Tree Development *3 , $564,960.00 F777-7— $564,960.00 Traffic Impact Fee $611,215.00 '' $611,215.00 Sewer Development Fee i A-W4 $236,170.00 ?, r $236,170.00 Water Development Feed $963,710.00 ":r� $963,710.00 Public Facility Fee $16,500.00 v $16,500.00 Const Water Use Fee j E $0.00 $0.00 Reimbursements�4 $0.00 Other Reimbursements Total $2,597,785.94 Payment Bond Amount for all improvements Performance Bond Amount for all improvements $3,616,420 $3;616,420 COST SCHEDULE FeeEohe9MgeviseditWmRatp\2@vWda1ENT PROJECTS\Trait FilelTr 10230- SilveiraTees -Cost Schedule- Invoices7emplate Dev Fees 7- 1- 2014 - Silveira L 902!2014 8:59 AM CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE ENCOMPASS NO: E7 14050022 DATE: 18-Sep-2014 NUMBER: Tract 10230SIIveira PROJECT'LOCATION: South of Day Road, West of Cougar Court PARCEL NUMBER: 783 -16 -026 OWNERIDEVELOPER: Signature Homes /Glen Loma Corporation MAILING ADDRESS: 7888 Wren Ave. Suite D143 Gilroy, CA 95020 TELEPHONE NO: 408 - 847 -4224 PREPARED BY: MCervantes FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE ? F73A PLAN CHECK ? ER9 INCENTIVE AGREEMENT ONLY ? NP. (DEFER PUBLIC FACILITY FEE? TO PERMIT ?F—W] TO FINAL ?ER DEFER SEWER, WATER, TRAFFIC FEES? TO PERMIT ?E& TO FINAL? I .N= NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect at the time permits are issued Site Information: Residential-Low ? Residential-High ? Commercial-Low ? Commercial -High ? Industrial- General ? industrial- Warehouse ? Assembly Hall? Common Area? Commercial/Industrial Allocations: Gross Acres: Lots: Units: I o 000 551 F / f 0 ZOO U Median SF: 0 OOCjI 0 L 0 0�1 f 0 �-_ ` 0:0 0000 o j 0 "0.'000 ° 0 0.000 100 -2601 -0000 -3625 Sewer G•�P.D Water GPD: _ :: Reimbursements and credits: Front Footage /Square Footage Charges and Construction Water Sq Ft: r 0 c 0 ,J 0 Street Tree FF: Water FF: S=ewer FF: Storm FF: Const Water Acres to be Developed: Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF: I.- 1 — , 0:01 !! 'a)'.Q �-_ ` 0:0 5 Q W—, .,� .. _ice' SPECIAL PUBLIC WORKS SERVICES 100 -2601 -0000 -3625 $2,618.50 Maps: Final Map $1,755.00 + $15.70 / lot ..Y $2,618.50 Fee ID NO- FINALM Parcel Map $2,035.00 + $630.00 / lot E-6-0 $0.00 Fee ID NO- PARCELM Re- assessment Map (Assessment District Parcels) $1,710.00 + $630.00 / lot L $0.00 Fee ID N- ASSESM Administration Fees: (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) P-1-01 hr Misc Services $185.00 / hr Special Staff Analysis hr Special Analysis $143.44 / hr 7-9 $0.00 Fee ID N -MISC LN } $0.00 EN&kg&gfdia L7 Wl§&CRgB90"vR &HERB'P @VWJOAENT PROJECib)�rATil®�O SilveiralFees -Cost Schedule -�(;FO t4�ev Fees 7- 1- 20011)" 28 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0:00 At time of Improvement Plan/Final Map submittal 40% of fee is due for Plan Check. Remainder 60% due prior to submittal of Final Map for Council approval Additional. Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to 1 Approved Plans 0 hr Additional Plan Review $143.44 / hr. L - ^W z $0.00 Fee ID NO- GRADINS (2 Hour Minimum) Re- Inspection Fee F-0; hr Re-inspection $125.00 / hr. j $0.00 Fee ID NO- GRADINS Inspections outside of normal business hours [7-17761 hrinspection $475.00 + (Based on total cost of improvements) Estimated Cost of Improvements 12.6% $0 10.5% '$100,000 8.4% over Payment Bond Amount for all improvements Performance Bond Amount for all improvements IMPACT FEES Storm Drain Impact Fee a.Residential -Low b.Residential-High c.Commeroial d.lndustrial e.Assembly Hall Street Tree Fee a.City Planting and Replacement b.Inspection and Replacement Traffic Impact Fee a.Residential -Low b.Residential-High o:Commercial -Low Traffic (< 10.75 trips /1000 sf) d.Commercial -High Traffic ( >= 10.75 trips /1000 sf) e.lndustrial- General f. industriakWarehouse 9/2212014 8:59 AM $160.00 / hr. after3hrs $0.00 Fee ID NO- GRADINS COST ACTUAL ESTIMATE COST_ DIFFERENCE ($310,079.28) F-.-- $-3 -i6-16.-4-20' _ Fee ID NO- PCKINSP $100,000 Y -' $12,600:00 I, Y'1 $0.00 $200,000 $10,500.00 [Y $0.00 $200,000 $286,979.28 $0.00 $3,616,420 $11,365.00 $3,616,420 $3.06 / f.f. x 420 - 2600 - 0000 -3660 $564.00 / acre TY $8,403.60 $886.00 / acre Yid $0.00 $1,528.00 / acre Y $0.00 $1,128.00 / acre ET-1 $0:00 $564.00 / acre ;Y:1 $0.00 / unity, 432 - 2600 - 0000 -3660 $3.06 / f.f. x j 0.0 = $0.00 $0.41 / f.f. x Fee ID NO -SD-HD 5,500.0 = $2,255.00 Fee ID NO-SD -C 433 - 2600 - 0000 -3660 $10,272.00 / unit (Y] $564,960.00 $8,327.00 / unity, $0.00 $11,365.00 / k.s.f. $22,958.00 / k.s.f. L, -1 _ $0.00 $4,504.00 / k.s.f. 1YY7 $0.00 $3,264.00 / k.s.f. rY;r' $0.00 COST SCHEDULE FeesaLeaLtevisedidueRa 1p1@@vWd2AENT PROJECTS \Trait File \Tr 10230- Silveira\Fees -Cost Schedule- InvoiceslTemplate Dev Fees 7- 1- 2014Silveira $8,403.60 Fee ID NO -SD-LD Fee ID NO -SD-HD Fee ID NO-SD -C Fee ID NO -SD-I Fee ID NO -SD-AH $2,255.00 Fee IDNO- TREEPLT Fee ID NO- TREEINS $564,960.00 Fee ID N1- TRAF -LD Fee ID N2- TRAF -HD Fee ID N3- TRAF -CL Fee ID N3- TRAF -CH Fee ID N4- TRAF -IG Fee ID N4- TRAF -IW COST SCHEDULE FeesaLeaLtevisedidueRa 1p1@@vWd2AENT PROJECTS \Trait File \Tr 10230- Silveira\Fees -Cost Schedule- InvoiceslTemplate Dev Fees 7- 1- 2014Silveira 9/22/2014 8:59 AM Sewer Impact Fee 435 -2600 -0000 -3660 $611,215.00 a.Residential-Low $11,113.00 / unit Y $611,215.00 Fee ID N1 -SS-LD b.Residential -High $6,013.00 / unit Y $0.00 Fee ID N2 -SS-HD c.CommerciaVlndustrial $3,517.00 / cgpd Y $0.00 Fee ID NS- SS -C /I Water Impact Fee 436 - 2600 -0000 -3660 $236,170.00 a.Residential -Low $4,294.00 / unit Y $236,170.00 Fee ID N1- WATR -LD b.Residential -High $1,737.00 / unit Y $0.00 Fee ID N2- WATR -HD c.CommerciaVindustrial $6,731.00 / kg pd Y $0.00 Fee ID N5- WTR -C /I Public Facilities Impact Fee 440. 2600 - 0000 -3660 $963,710.00 a.Residential -Low $17,522.00 / unit Y $963,710.00 Fee ID N1 -PF -LD b.Residential -High $14,742.00 / unit Y $0.00 Fee ID N2 -PF -HD c.Commercial $2,640.00 / k.s.f. Y $0.00 Fee ID N3 -PF -C d.lndustrial $1,168.00 / k.s.f. Y $0.00 Fee ID N4 -PF -I Water User Fee (Construction) 720 - 0433 -0000 -3620 Y $16,500.00 $3.00 / f.f. $16,500.00 Fee ID NO- CONWTFF plus $182.73 / a.c. $0.00 Fee ID NO- CONWTAC FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure) The Half Pipe schedule is used to determine the front footage reimbursement to former developers for infrastructure previously installed along the front footage of the development. The Full Pipe schedule is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main extensions to sizes required by each master plan that are greater than the sizes required by the development. The oversized portion is the difference between the master planned size for the main and the greater of the main size required by the development or the developer's minimum responsibility for each main. Water 801- 2601 -PWDO -3899 $0.00 Water Mains - including fire hydrants, valves, valve boxes and other pertinences. Developer responsibility is up to and including 12" mains Half Pipe Lineal Footage 6 inch Main $39.00 / LF x N 0.0 = $0.00 Fee ID N- WR06 -1/2 8 inch Main $41.00 / LF x N 0.0 = $0.00 Fee ID N- WR08 -1/2 10 inch Main $47.00 / LF x N 0.0 = $0.00 Fee ID N- WR10 -1/2 12 inch Main $52.00 / LF x N 0.0 = $0.00 Fee ID N- WR12 -1/2 14 inch Main $57.00 / LF x N 0.0 = $0.00 Fee ID N- WR14 -1/2 16 inch Main $62.00 / LF x N 0.0 = $0.00 Fee ID N- WR16 -1/2 18 inch Main $68.00 / LF x N 0.0 = $0.00 Fee ID N- WR18 -1/2 20 inch Main $76.00 / LF x N 0.0 = $0.00 Fee ID N- WR18 -1/2 24 inch Main $82.00 / LF x N 0.0 = $0.00 Fee ID N- WR24 -1/2 30 inch Main $91.00 / LF x N 0.0 = $0.00 Fee ID N- WR30 -1/2 36 inch Main $106.00 ! LF x N 0.0 = $0.00 Fee ID N- WR36 -1/2 COST SCHEDULE Feer.L10s1ufdevisedldHHHBIVMV@L 2AENT PROJECTS \Tra$t File \Tr 10230- Silveira \Fees -Cost Schedule- Invoices \Template Dev Fees 7- 1- 2014 - Silveira 1 + Front Foot Charges Continued (Used to charge and reimburse fees for existing, infrastructure) Sewer 801- 2601 -PWDO -3899 Sewer Mains - including manhole and other pertinences. Developer responsibility is up to and including 12' mains. Half Pipe Lineal Footage 6 inch Main $73.00 / LFx N_' .- _::;;;O:Oj = $0.00 Fee ID N- SS06 -1/2 8 inch Main $75.00 / LFx +'0 0) _ $0.00 Fee ID N- SS08 -1/2 10 inch Main $81.00 / LFx:__(] = $0.00 Fee IDN- SS10 -1/2 12 inch Main $83.00 / LF x 'N, ' _ -: :7 __ ,;0.0 = $0.00 Fee ID N- SS12 -1/2 15 inch Main $87.00 / LFx {-tJ '0 :0 = $0.00 Fee ID N- SS15 -1/2 18 inch Main $93.00 / LFx "� N ' -r '- j0 :0 = $0.00 Fee ID N- SS18 -1/2 21 inch Main $102.00 ! LF x N-_'�;_ _ OcO = $0.00 Fee ID N- SS21 -1/2 24 inch Main $106.00 / LFx.:_. , . A:0 = $0.00 Fee ID N- SS24 -1/2 27 inch .Main $122.00 / LFxIN 0:01 = $0.00 Fee ID N- SS27 -1/2 30 inch Main $144.00 / LFx .IJ gym'; %U:QI = $0.00 Fee ID N -SS30 -112 33 inch. Main $158.00 / LF x �- -T 070 = $0.00 Fee ID N- SS33 -1/2 36 inch Main $178.00 ! LFx -T : QO = $0.00 Fee ID N -SS36 1l2 39 inch Main $212.00 / LFx "_ 0:0 = $0.00 Fee ID N -SS39 -112 42 inch Main $265.00 / LF x N n 0 0 = $0.00 Fee ID N- SS42 -1/2 Street Improvements 801- 2601 -PWDO -3899 Pavement. Sidewalks & Medians Souare Footage ACBike path: base $2.55 / SF x.:_a =, _. 0.0 = $0.00 Fee ID N- STR-ACB AC/Bike path: pvmt $2.50 / SF x" �__0.0 = $0.00 Fee ID N- STR -ACP Sidewalk: new $9.75 / SF x r,N 0 Oy = $0.00 Fee ID N- STR -S/W Sidewalk: replace $13.25 / SF x . _. .... I = $0.00 Fee ID N- STR -S/WR Resurfacing $2.55 / SF x -171_ 0:0 = $0.00 Fee ID N- STR -RESU Landscaped Median $20.35 / SF x [ N ^ - ,T!O:D = $0.00 Fee ID N- STR -LANM Hardscaped Median $11.63 / SF x L N ; :]T- °:';0':0 = $0.00 Fee ID N- STR -HARD Traffic Signals (equipment only) % of Lump Sum Traffic Signal -3 leg $130,200.00 / LS x T ` 0' /0� _ $0.00 Fee ID N- STR -TS3L Traffic Signal-4 leg $158,500.00 / LS x''- 0% _ $0.00 Fee 1D N- STR -TS4L Curb and Gutter Lineal Footage Curb /Gutter. new $25.85 / LFx 77 00 = $0.00 Fee ID N- STR -C /G Curb /Gutter: replace $33.40 / LFx f.-N ^x.0:0, _ $0.00 fee ID'N= STR -C /GR Curb Ramps $1,057.63 / LF xN� ., 0;0 = $0.00 Fee ID N- STR -CR 9/2212014 8:59 AM $0.00 $0.00 COST SCHEDULE Fee,%lleskftvl6edi4asEtBt$\@yWJaAENT PROJECTS \Tra5t File \Tr 10230- Silveira \Fees -Cost Schedule- Invoices \Template Dev Fees 7- 1- 2014Silveira Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Storrs Drain 801- 2601 -PWDO -3899 Storm Mains - including, manholes, catch basins and other pertinences. Developer responsibility is up to and including 24" mains. Hag Pipe 18 inch Main $63.00 / LF x 21 inch Main $69.00 / LF x 24 inch Main 27 inch Main 30 inch Main 33 inch Main 36 inch Main 42 inch Main 48 inch Main 54 inch Main 60 inch Main 66 inch Main 72 inch Main 78 inch Main 84 inch Main 90 inch Main 96 inch Main $70.00 / LF x $82.00 / LF x $89.00 / LF x $91.00 / LF x $95.00 / LF x $99.00 / LF x $117.00 / LF x $137.00 / LF x $158.00 / LF x $179.00 / LF x $200.00 / LF x $216.00 / LF x $231.00 / LF x $246.00 / LF x $261.00 / LF x Lineal Footage $0.00 ',N ` . --; -- ,:0.01 _ $0.00 ,r ;;NT " c- :.0;0 = $0.00 $0.00. 'N $0.00 $0.00 $0.00 N' O OI = $0.00 T171-710- 0 = $0.00 $0.00 N 070 = $0.00 $0.00 0 0 = $0.00 N. ".�_._�°_ ,,•O.Oj = $0.00 0:0 = $0.00 _ $0.00 $0.00_ Fee ID N- SD18 -1/2 Fee ID N- SD21 -1/2 Fee iD N- SD24 -1/2 Fee ID N- SD27 -1/2 Fee ID N- SD30 -1/2 Fee ID N= SD33 -1/2 Fee ID N- SD36 -1/2 Fee ID N- SD42 -1/2 Fee ID N- SD48 -1/2 Fee ID N- SD54 -1/2 Fee ID N- SD60 -1/2 Fee ID N- SD66 -1/2 Fee ID N- SD72 -1/2 Fee ID N- SD78 -1/2 Fee ID N- SD84 -1/2 Fee ID N- SD90 -1/2 Fee ID N- SD96 -1/2 NOTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the time fees are paid. 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. Additional plan review required by changes, additions or revisions to approved plans, reinspections and inspections outside Of normal business hours will be billed as shown in the City of Gilroys most curc comprehensive fee schedule at the hourly rates in effect at the time of inspection. Accepted by: Print Name: C • y /�( Date: 9/22/2014 8:59 AM $0.00 COST SCHEDULE Fees„I109MBevl6SdidsEEta;OMV LJgWENT PROJECTS\Trfat File \Tr 10230- Silveira \Fees -Cost Schedule - Invoices \Template Dev Fees 7- 1- 2014 - Silveira OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement Total Oversized Water Main Reimbursement (Developer is responsibie for up to and including 12" mains) Oversized Minimum 12' main Oversized Full Pipe $/foot Full Pipe $ /foot Oversized Footage Reimbursement 14 inch Main $114.00 $104.00 x 0.0 = $0.00 N 16 inch Main $124.00 $104.00 x 0.0 = $0.00 N 18 inch Main $135.00 $104.00 x 0.0 = $0.00 N 20 inch Main $151.00 $104.00 x 0.0 = $0.00 N 24 inch Main $164.00 $104.00 x 0.0 = $0.00 N 30 inch Main $182.00 $104.00 x 0.0 = $0.00 N 36 inch Main $211.00 $104.00 x 0.0 = $0.00 N Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains) Oversized Minimum 12" main Oversized Full Pipe $/foot Full Pipe $!foot Oversized Footage Reimbursement 15 inch Main $174.00 $166.00 x 0.0 = $0.00 N 18 inch Main $186.00 $166.00 x 0.0 = $0.00 N 21 inch Main $204.00 $166.00 x 0.0 = $0.00 N 24 inch Main $211.00 $166.00 x 0.0 = $0.00 N 27 inch Main $244.00 $166.00 x 0.0 = $0.00 N 30 inch Main $287.00 $166.00 x 0.0 = $0.00 N 33 inch Main $315.00 $166.00 x 0.0 = $0.00 N 36 inch Main $356.00 $166.00 x 0.0 = $0.00 N 39 inch Main $423.00 $166.00 x 0.0 = $0.00 N 42 inch Main $529.00 $166.00 x 0.0 = $0.00 N Total Oversized Storm Drain Main Reimbmnt (Developer is responsible for up to and including 24" mains) Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 27 inch Main $164.00 $140.00 x 0.0 = $0.00 N 30 inch Main $177.00 $140.00 x 0.0 = $0.00 N 33 inch Main $182.00 $140.00 x 0.0 = $0.00 N 36 inch Main $189.00 $140.00 x 0.0 = $0.00 N 42 inch Main $197.00 $140.00 x 0.0 = $0.00 N 48 inch Main $233.00 $140.00 x 0.0 = $0.00 N 54 inch Main $273.00 $140.00 x 0.0 = $0.00 N 60 inch Main $315.00 $140.00 x 0.0 = $0.00 N 9/22/2014 8:59 AM $0.00 $0.00 $0.00 COST SCHEDULE FeesGL\eetAeviseditilaeEt&M vMJO1ENT PROJECTS\TraZt File \Tr 10230- Silveira\Fees -Cost Schedule- Invoices \Template Dev Fees 7- 1- 2014 - Silveira 9/22/2014 8:59 AM Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storm Drain Main Reimbmnt Continued Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 66 inch Main $357.00 $140.00 x 0.0 = $0.00 N 72 inch Main $399.00 $140.00 x 0.0 = $0.00 N 78 inch Main $431.00 $140.00 x 0.0 = $0.00 N 84 inch Main $461.00 $140.00 x 0.0 = $0.00 N 90 inch Main $492.00 $140.00 x 0.0 = $0.00 N 96 inch Main $522.00 $140.00 x 0.0 = $0.00 N COST SCHEDULE Fees;hest&ev16edA;%e98t✓ MYWJ&ENT PROJECTS \Trait File \Tr 10230- Silveira\Fees -Cost Schedule - Invoices \Template Dev Fees 7- 1- 2014Silveira