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Eagle Ridge HOA
RECORDING REQUESTED BY CITY OF GILROY WHEN RECORDED MAIL TO: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 23905913 Regina Alcomendras Santa Clara County - Clerk- Recorder 04/09/2018 01:39 PM Titles: 1 Pages: J* Fees: 0.00 Taxes: 0.00 Total: 10.00 gill pr'&pn Akjf Fj ikll�fh�h�YuK�1la���� ri�i��� II III RECORDED WITHOUT FEE PER CALIFORNAI GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT Easement Agreement, 9 -8 -16 Page I City of Gilroy -Eagle Ridge HOA EASEMENT AGREEMENT This Easement Agreement ( "Agreement ") is made and entered into by and between The Community of Eagle Ridge Owners' Association, a California nonprofit mutual benefit corporation ( "Eagle Ridge HOA ") and the City of Gilroy, a California municipal corporation ( "City "). RECITALS A. The term "Easement Area" means the real property consisting of approximately 2,710 square feet located at the southwest corner of the intersection of Ballybunion Drive and Santa Teresa Blvd. in the City of Gilroy, County of Santa Clara ( "County "), more particularly described in Exhibit A and Exhibit B attached hereto and made a part hereof. B. The term "County -City Agreement" means, collectively, that certain "Delegation of Authority ", "County Board of Directors Resolution No. BOS- 2014 -7" and that certain "Maintenance and Indemnification Agreement, Santa Teresa Boulevard and Ballybunion Drive Roundabout and Related Improvements" executed by the County and City and recorded on March 30, 2016 in the County records as document number 23261330. Pursuant to the County -City Agreement, the City has agreed to be responsible for converting the existing traffic signal at the Ballybunion Drive /Santa Teresa Blvd. intersection into a roundabout ( "RAB "). The RAB improvements to be located in the Easement Area will include all improvements reasonably necessary for the construction and operation of the RAB including, without limitation, streets, curbs, gutters, sidewalks, utilities, lighting and landscaping (collectively, the "RAB Improvements "). Exhibit A (Sheets 1 -5) of the County-City Agreement identifies the location and scope of the RAB. C. The term "City -Glen Loma Agreement" means that certain "Property Improvement Agreement No. 2016 -03" to be executed by Glen Loma Corporation, a California corporation ( "Glen Loma ") and the City pursuant to which City will require Glen Loma to construct the RAB. A copy of the City — Glen Loma Agreement is attached hereto and made a part hereof as Exhibit C. D. These Recitals shall be incorporated into and be a part of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, and other good and valuable consideration, the receipt of which and sufficiency of which is hereby acknowledged, Eagle Ridge HOA and City hereby agree as follows: 1. Grant of Easement. Eagle Ridge HOA hereby grants to the City and its successors and assigns a non - exclusive easement over, across, under and through the Easement Area for the following purposes: (a) the use of the Easement Area for public right -of -way street and road purposes in a manner consistent with the RAB as described herein and in accordance with the County-City Agreement, and (b) maintaining, repairing and, if necessary, replacing the RAB Improvements. Such easement shall also include those areas adjacent to the Easement Area as reasonably necessary to facilitate the construction, maintenance and repair of the RAB Improvements. 2. Reservation of Rights. Notwithstanding the provisions of Section 1 of this Agreement, Eagle Ridge HOA reserves the right to maintain all landscaping and Eagle Ridge signage located within the Easement Area. Easement Agreement, 9 -8 -16 Page 2 City of Gilroy -Eagle Ridge HOA 3. Maintenance and Repair. Subject to Section 2 of this Agreement, (a) the City shall be responsible to maintain, repair and, if necessary, replace all RAB Improvements in compliance with all applicable laws and the provisions of the County -City Agreement, (b) maintain, repair and replace all landscaping components located within the Easement Area if the Eagle Ridge HOA has provided the City with notice that it will not perform such work per Section 2, and (c) City shall have the right to delegate the maintenance and repair of the landscaping in the Easement Area to Glen Loma Corporation or the Glen Loma Ranch Master Association. The landscaping in the Easement Area shall be maintained in a first class manner and at all times compatible with the other Eagle Ridge landscaping at the Ballybunion/Santa Teresa Blvd. intersection. 4. Indemnity. The term "Indemnified Parties" as used herein means, collectively, Eagle Ridge HOA and the successors, assigns, officers, directors, shareholders, owners, employees, agents, representatives, invitees and mortgagees of Eagle Ridge HOA. In consideration of the grant of the easement, City shall indemnify, protect, defend upon demand with counsel reasonably acceptable to Eagle Ridge HOA and hold harmless the Indemnified Parties from and against any and all liabilities, losses, claims, actions, causes of action, demands, damages, judgments, penalties, fries, monetary sanctions or awards of any kind or of any nature, attorney's fees, experts fees, and any other expenses or costs which result from, relate to or arise, directly or indirectly, in any manner whatsoever by reason of property damage, death or injury to persons or entities arising from or relating to the indemnifying party's design, construction, location, reconstruction, removal, replacement, inspection, repair, or maintenance of roadway, street, roundabout, sidewalk, traffic signal or any component related to the RAB Improvements in the Easement Area. 5. Notice. All notices, requests and demands to be made hereunder to the parties hereto shall be made in writing to the addresses set forth below and shall be given by any of the following means: (a) personal service, (b) certified or registered mail, post prepaid, return receipt requested, or (c) nationally recognized courier or delivery service. Any notice, demand or request sent pursuant to either subsection (a) or (c) hereof shall be deemed received upon the actual delivery thereof, and, if sent pursuant to subsection (b) shall be deemed received five (5) days following deposit in the mail. Refusal to accept delivery of any notice, request or demand shall be deemed to be delivery thereof. To City: Director of Gilroy Public Works /City Engineer 7351 Rosanna Street Gilroy, CA 95020 To Eagle Ridge HOA: The Community of Eagle Ridge Owners' Association c/o Community Management Services, Inc. 1935 Dry Creek Road, Suite 203 Campbell, CA 95008 Attention: Dustin Mannina, Community Manager 6. General Provisions. No waiver by a party of any provision in this Agreement shall be considered a waiver of any other provision or any subsequent breach of the same or any other provision including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. This Agreement may be amended at any time and from time to time, but any amendment must be in writing and signed by both City and Eagle Ridge HOA. This Agreement is executed and intended to be performed in the State of California, and the laws of that state shall govern its interpretation and effect. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Easement Agreement, 9 -8 -16 Page 3 City of Gilroy -Eagle Ridge HOA This instrument contains the entire agreement of the parties relating to the rights granted and obligations assumed in this instrument. Any oral representations or modifications concerning this instrument shall be of no force or effect unless contained in a subsequent written modification signed by the party to be charged. Each party hereto will execute and deliver any and all additional instruments and documents, and perform such further acts, as may be reasonably necessary to make effective the terms and conditions of this Agreement. Time is of the essence of each and every provision of this Agreement. The covenants, rights, duties, obligations and restrictions contained in this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 7. Legal Expenses. The provisions of Section 7 of this Agreement shall survive the termination of this Agreement. In the event of any action at law or in equity, including an action for declaratory relief, between the parties arising from or in connection with this Agreement, then the prevailing party ( "Prevailing Party ") in such action shall be entitled to recover from the other party a reasonable sum as attorneys' fees and costs plus interest at the maximum rate allowed by the law from the date any payment should have been paid until the time at which it is paid. The Prevailing Party shall be determined in accordance with Civil Code Section 1717(b)(1) or any successor statute. 8. Authority. Each person signing this Agreement on behalf of either Eagle Ridge HOA or City warrants and represents to Eagle Ridge HOA and City, as applicable, that such person is duly and fully authorized to enter into this Agreement on behalf of such entity, that this Agreement will be binding upon such entity and that the execution of this Agreement has been approved and ratified as required by the organizational documents of such entity. 9. Condition. Eagle Ridge HOA and the City agree that this Agreement is subject to the following condition: Eagle Ridge HOA's signature on this Agreement is subject to and conditioned upon the execution and recordation of the City -Glen Loma Agreement by Glen Loma and the City (substantially in the form of Exhibit C ) and the recordation of the City -Glen Loma Agreement in the official records of Santa Clara County. IN WITNESS-WHEREOF, Eagle Ridge HOA and City have executed this Easement Agreement as of 2016: CITY: City of Gilroy, a California municipal corporation EAGLE RIDGE HOA: The Community of Eagle Ridge Owners' Association, a California nonprofit mutual benefit corporation By: 2� By: City Administrator Authorized Representative 1�01bn` e I A, G on zce I e �w-kn kQ5Aei California Compliant Notary Certificate Attached Easement Agreement, 9 -8 -16 Page 4 City of Gilroy -Eagle Ridge HOA CALIFORNIA • • • •• ..�Caa�•.��2_a�.•�.• .•� a .�<�.•�.•�.•.�aC.r :�t�.•�.!c�.. �iS:.�•..saC.�C•�i � s��<_s��C •_c�•.� �.•�2�. ^.. _c�� �C��Q� .a.. -ate_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San4a otarA ) On �p� � a, aols before me, /`-rlSannA Ue�I cS —Pa �ivn Alo-6V IOU 10/1 L Date �1 Here nsert Name and Title of the Officer personally appeared ga br1 t l 4ylgGl G on ul (QZ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persono whose name(A) is /Ve subscribed to the within instrument and acknowledged to me that he /siA /tkey executed the same in his /1- 660trb- it authorized capacity(io), and that by his /W /tp(eir 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. ROSANNA ARGUELLES- PATTON WITNESS my hand and official seal. Notary Public - California z• "� Santa Clara County i Commission # 2162602 D M Comm Expires Aug 13, 2020 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL — Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Com''�""'� o� Ea� edge pu wts bra - and Cr)y o,�6 I_o y Title or Type of Document: 6 ,4n4 of" LaRwwt (beiW A Document Date: Dec- . S1 2016 Number of Pages:-5 /?4" Signer(s) Other Than Named Above: ✓ dlilol Capacity(ies) Claimed by Siggner (s) �� 114 C,4y Signer's Name: hol —le! H-n�0 6wizaIez Signer's Name: ❑ Corporate Officer — Title(s): 'jCihj i}dwtrnishufio✓ I Corporate Officer — Title(s): CI Partner — l Limited [_I Genera i Partner — ; 1 Limited 1 1 General Ci Individual Attorney in Fact 1 Individual Attorney in Fact Cl Trustee Guardian or Conservator Trustee Guardian or Conservator 1 Other: I Other: _ Signer Is Representing: Cr OF Signer Is Representing: :•r4'tr -er •�4'er .� -.•r •.•r4�4�LV4' ✓4�4�✓,G- ✓' •rte �✓4'�4�G y4 �. ✓✓4�. ✓ - ✓: ri -✓ -r�4'e� •.•r4'a "• ✓4'✓ •.•i -ai�.�ei, 'er •er4� �� '� "a� -ter ' ✓.'✓ California General All- Purpose ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA} COUNTY OF �7 _ before me, Sheila Meinecke, Notary Public, On 1)� e Ly& 1'e' 1- Personally appeared_ ar f Who proved to me on the basis of satisfactory evidence to be the person(,�V) whose name') is /ass subscribed to the within instrument and acknowledged to me that he /s 4aAhey executed the same in his /her4their authorized capacity (ice, and that by his /4erA4eir signature(sj 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. Signature (NOTARY SEAL) Sheila Meinecke My Commission expires December 19, 2016 5 ;'? SIIE'ILA 4MINECKE �.' Commission #1998839' COMM. *7993839 a°' Notary Public - California z Santa Clara County Y' M y Corna Expires Dec. 19, 2016 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages 7 c Date of Document Signer(s) Other Than Named Above -- �rn�ns EXHIBIT A (Legal Description) Easement Agreement, 9 -8 -16 Page 5 City of Gilroy -Eagle Ridge HOA "EXHIBIT A" LEGAL DESCRIPTION All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being a portion of "Lot 65" as shown on that certain map entitled "Tract 9157, Eagle Ridge Phase IIIC ", filed July 5, 2000 in Book 729 of Maps, at Pages 37 through 47, Records of Santa Clara County, California, being more particularly described as follows: Beginning at a point on the east line of said "Lot 65 ", said point being on the west line of Santa Teresa Boulevard, and the northwesterly terminus of the course designated as "N23 040'07 "W 83.72 feet" on said map; thence along the east line of said "Lot 65 ", S23 °40'07 "E, a distance of 39.43 feet; thence leaving said east line, N57 °16'30 "W, a distance of 57.72 feet to a tangent curve to the left having a radius of 50.00 feet; thence westerly along said curve, through a central angle of 27 °02'07 ", a distance of 23.59 feet; thence N84 °18'37 "W, a distance of 47.41 feet to a tangent curve to the left having a radius of 20.00 feet; thence westerly along said curve, through a central angle of 23 °27'04 ", a distance of 8.19 feet to the south line of Ballybunion Drive; thence along said south line, N65 °26'07 "E, a distance of 47.35 feet; thence continuing along said south line, S24 °33'53 "E, a distance of 1.00 feet to the beginning of a non - tangent curve to the right, of which the radius point lies S24 °33'53 "E, a radial distance of 50.00 feet; thence continuing along said south line, easterly along said curve, through a central angle of 90 °53'46 ", a distance of 79.32 feet to the Point of Beginning. Containing 2,710 square feet, more or less. As shown on "Exhibit B ", attached hereto and made a part hereof. END OF DESCRIPTION. This description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. �Az /?_ �ZANI, LAND sel Bi n Pierce, PLS 8859 Date �5 ��. Expires: 12/31/2017 it BRYAN 07� CL PIERCE No. 8859 (P .T DF CAS -1�� EXHIBIT B (Drawing for Legal Description) Easement Agreement, 9 -8 -16 Page 6 City of Gilroy -Eagle Ridge HOA SANTA. TERESA BOULEVARD PO$ /� 5 A�, N23'40'07 "W 83.72'(T) r� - 39.43' �--- - - - a;- / OK) 1� , 1' / N24'33'53 "W 1.00'(19) / G W > fLn l /cb z w ;¢ f =� LOT 65 D ^f >_ p (729 —M -37) —I N n m z �'S17'45'41,.E R i� L; 44.29, - - - 1 t I1 1 t t (t LOT 55 ! (775 -M -23) CURVE TABLE CURVE LENGTH RADIUS I DELTA C1 23.59' 1 50.00' 027'02'07" C2 8.1911 20.00' 023'27'04" 0 30 60 SCALE IN FEET: 1 "= 30' "EXHIBIT B 55 RYAN CL P18RCE NQ. 88,59 q. c33� rastz �dt � �� OF PLAT TO ACCOMPANY LEGAL DESCRIPTION BEING A PORTION OF "LOT 65" AS SHOWN ON THE MAP ENTITLED "TRACT 9157, EAGLE RIDGE PHASE IIIC" FILED JULY 5, 2000 IN BOOK 729 OF MAPS, AT PAGES 37 THROUGH 47, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA 1 1 !:T c� N N N IW f N !o o� to z f 1 ! I 1 a f LEGEND - -- BOUNDARY LINE EXISTING LOT LINE - — — — — — - NEW RIGHT -OF -WAY LINE POB POINT OF BEGINNING (R) RADIAL BEARING (T) TOTAL RUGGFERI °JFENSFEN -AZAR ENGINEERS : PLANNERS a SURVEYORS GILROY, CALIFORNIA I 1C =L 30' 05/12/2016 1. 102009 EXHIBIT C (City —Glen Loma Agreement,) (Property Improvement Agreement No. 2016 -03) Superseded by Property Improvement Agreement No. 2017 -06 Easement Agreement, 9 -8 -16 Page 7 City of Gilroy -Eagle Ridge HOA RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 23790842 Regina Rlcomendras Santa Clara County - Clerk- Recorder 11/01/2017 12:06 PM Titles: 1 Pages: 24 Fees: $94.00 Taxes: 0 Total: 94.00 It (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2017 -06 Santa Teresa/Ballybunion/Luchessa Roundabout and Class I Trail (Adjacent to APN: 808 -18 -018) CalAtlantic Group, Inc. a Delaware Corporation And Filice Family Estate, a California Limited Partnership 7/25/2017 PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. 2017 -06 ()C+(P1r This Property Improvement Agreement ( "Agreement ") is made and entered into this 18TH day of fiber, 2017, by and between the City of Gilroy, a municipal corporation, herein called the "City," Filice Family Estate, herein called the "Owner" and CalAtlantic Group, Inc. a Delaware Corporation, herein called the "Developer ". WHEREAS, a 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: Santa TeresaBallybunion/Luchessa Roundabout and Class I Trail, (adjacent to APN: 808 -18 -018), 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 Santa Teresa/Luchessa Roundabout + Class I Trail. WHEREAS, the Developer is the fee owner of the Property and 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 and established policies of the City and the laws of the State of California and the United States of America it is agreed by and between the parties as follows: 0:141116MINl 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- 7/25/2017 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, Resolution, Rules and other Regulations and established policies of the City and the laws of the State of California and the United States of America, including without limitation, the California Labor Code and California Public Contract Code. Developer further agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States of America, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage 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. 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 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 and established policies of the City and the laws of the State of California and the United States of America 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 4828 -0143- 8026v3 _3 _ 9/18/12 JH104706091 the amount of ten percent (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 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 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 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. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer 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 shall pay to the City all other sums payable by Developer pursuant to the attached comprehensive fee schedule. 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 apd property damage; (b) workers' compensation insurance as required by law; and (c) broad form `'Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this Agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or 4828 -0143 -80260 -4- 9/18/12 JH104706091 damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That 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 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 4 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 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 9 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, 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. SECTION 6 1. That the following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer. 2. The Project shall comply with all Tentative Map conditions and applicable mitigation measures as contained in City Council Resolution 2014 -19 (TM 13 -08 approval). 4828 -0143 -80260 -5- 9/18/12 JH104706091 3. All work within the public right -of -way shall be subject to the approval of the City Engineer. 4. The Developer shall perform all work in compliance with the City of Gilroy Specifications Standards Design Criteria, Hecker Pass Development Agreement and Hecker Pass Specific Use District and is subject to all laws of this community by reference. Street improvements and the design of all storm drainage, sewer lines, and all street sections shall be in accordance with City Standards and Hecker Pass Specific Plan, Hecker Pass Development Agreement and Hecker Pass Backbone Plans and shall follow the most current City Master plan for streets and each utility. 5. The developer shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officer, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 6. 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 of 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. 7. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone number list. At least one week prior to commencement of work, the developer shall post the site and mail to owners of property within (500') five hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 9. If the developer proposes to phase construction with building occupancy, the developer shall create, for City Engineer approval prior to first occupancy, a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area separate from occupied residential units. 10. 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. 11. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 4828 -0143- 8026v3 -6- 9/18/12 M04706091 12. All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties. 13. 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 or other water source acceptable to the Fire Marshal must be available within 150 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. 14. A complete construction schedule, which shall include a detailed phasing plan (including traffic control for each proposed phase), shall be submitted and approved by the City Engineer prior to start of construction. Any deviation from the approved construction schedule and phasing plan shall be coordinated with the City Engineer. Deviating from the approved construction schedule and phasing plan without prior coordination with the City Engineer may prolong issuance of further building permits. a. Upon request by the City Engineer, the developer shall provide information for public outreach purposes, which may include maps and schedules for each phase of construction. 15. The developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the applicable fees prior to the issuance of a grading permit or improvement plan approval. 16. One hard copy and electronic copy of the approved /stamped PG &E Joint Trench Composite Plans shall be submitted to the Engineering Division. Should there be a delay in obtaining the PG&E - approved joint trench plans, the Developer will be allowed to commence joint trench work "at- risk". The Developer assumes responsibility for any required redesign, and all costs associated with the redesign and additional city review resulting from the at -risk work completed without PG&E - approved joint trench plans. Design revisions and ultimate joint trench construction shall be completed to the satisfaction of the City Engineer. 17. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the geotechnical investigation. This shall be subject to review and approval by the Building Division. [CBC] 18. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. 19. New and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting, and cable television shall be required to be placed underground. [Municipal Code Section 21, Article V] 20. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 21. Any ,damage resulting from project construction operations to existing city infrastructure on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full expense of the developer /contractor. This shall include slurry seal, overlay, street reconstruction, 4828 -0143- 80260 _7_ 9/18/12 JH104706091 and repair to curb, gutter and sidewalk, driveway approach if reasonably deemed warranted by the City Engineer. 22. This project is subject to post- construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code. 23. Storm water BMP Operation and Maintenance Agreement a. Prior to the issuance of any building permit requiring stormwater management BMPs or as otherwise determined by the City Engineer, 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. b. 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. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to 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. d. 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. e. Any repairs or restoration/replacement and maintenance shall be in accordance with City - approved plans. f. 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 Stormwater Runoff Management Plan. 24. Stormwater BMP Inspections will be required for this project and shall adhere to the following: The property owner(s) shall be responsible for having all stonnwater management facilities inspected for condition and function by a knowledgeable third party. b. 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: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 4828 -0143- 8026v3 9/l 8/12 M04706091 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site re- inspection. 25. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. 26. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. Location of monuments shall be tied out prior to work. 27. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and /or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and /or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771 at the developer's sole expense. 28. If there are any reimbursements payable to the Owner, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Owner 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 Owner 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. Such reimbursement shall be solely contingent upon the availability of the City's Traffic Impact Fee Funds and in no case shall the reimbursement be paid beyond ten (10) years after the execution of the Agreement. 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 Owner if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Owner'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 Owner 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 fiord are designated by the City for use on such projects of high importance. a. The Owner shall be reimbursed for the following traffic improvements: i. Ballybunion/Santa Teresa with an estimated reimbursement of $1,286,081 per the current Traffic Impact Fee (TIF) budget. This reimbursement amount is subject to change as the costs for the improvements originally identified in the TIF report of 2009 have changed. The City has started the process of reviewing the entire TIF intersection and segment costs. The applicable adjustments to the TIF reimbursement costs will be applied according to city policy. 4828 -0143 -80260 -9- 9/18/12 JH104706091 29. Grant of Easement for Right -of -way Dedication Grant Deed for a portion of the "Lot 65 of Tract 9157" shall be recorded at the time the final map is recorded. 30. The project shall provide traffic control measures and temporary street lighting, to the satisfaction of the City Engineer, at the intersection of Santa Teresa Boulevard and Ballybunion Drive to ensure safe traffic operations and at the same time ensure proper traffic flow during construction periods, and during periods when construction is not active but traffic control measures remain in place. Traffic control measures may include, but are not limited to, flag persons, temporary signal lights, changeable message signs, signing and striping, and other measures and devices as deemed necessary by the City Engineer and the County of Santa Clara. a. Temporary street lighting shall be provided prior to existing traffic signal poles and cabinet are removed. Lighting shall be on during weekdays and weekends half hour before sunset until half hour after sunrise. b. Upon request by the City Engineer, the developer shall provide distribute information for public outreach purposes, which may include maps and schedules for each phase of construction. 31. No occupancy permits shall be issued (except for nine model homes) for the future three neighborhoods, Wild Chestnut, Montonico and Home Ranch, and no model homes will be allowed to open until the Santa Teresa/Ballybunion/Luchessa Roundabout's ultimate roadway improvements are complete and all vehicular movements are open to traffic as determined by the City Engineer. 32. The Master HOA shall be responsible for the landscape maintenance of the roundabout, medians and Class 1 trails associated with this project per the Glen Loma Ranch Development Agreement dated November 21, 2005. Developer shall enter into a Landscape Maintenance Agreement prior to completion of construction. 33. Landscape plans shall be submitted for review and approval prior to the issuance of the first building permit, excluding model homes. Any changes to the landscape plans that may be warranted after the civil improvement plans have been approved will be at the risk of the Owner/Developer and will be subject to additional review fees. 34. 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. 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. 4828 -0143- 8026v3 9/18/12 JH \04706091 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. 4828 -0143- 80260 8 JH104706091 SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $ -0- CITY OF GILROY: DEVELOPER: By: _ By Gabriel A. Gonzalez City Administrator Date: O /7 APPROVED AS TO FORM: Andrew L. Faber, CWy Attorney lAtlanti Group, Inc. a Delaware Corporation Name:��c� -�►2 Title: Dr`1 A,-,- p Date: 2 Owner: By: Ccl y/A,' 4f'040d4. G L G eve. rd.;( Name: %; Ll c e- C-)" Title: "/1k A ?J 41e-57H7/�- Date: !2� -'3 - o? O /7 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. 4828 -0143- 8026v3 JH104706091 -12- 9/18/12 4828 -0143- 8026v3 9/18/12 M04706091 7/712016 10:63 AM CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 7(112016 ENCOMPASS NO: El 15070023 Revised: Revision Number: DATE: 28- Jun -16 Revision By: NUMBER: Glen Loma Ranch- Santa Teresa /Ballybunion RAB PROJECT LOCATION: Santa Teresa Blvd. (a. Ballybunion Dr. PARCEL NUMBER: N/A OWNER/DEVELOPER: Glen Loma Corporation MAILING ADDRESS: 7888 Wren Ave. Suite D143 TELEPHONE NO: 408 -847 -2424 PREPARED BY: MCervantes Account No. Key Code Fee: Credits: Amount Due: Account Descriptior Paid on Invoice 100- 2601- 0000 -3625 4904 $0.00 $0.00 Special Public Works Sery 100 - 2601- 0000 -3605 4702 S108,573.78 $108,573.78 $0.00 Eng Plan Check & Insp 420 -2600- 0000 -3660 4501 $0.00 $0.00 Storm Development Fee 432 - 2600- 0000 -3660 3301 $0.00 $0.00 Str Tree Development Fee 433 - 2600 - 0000 -3660 4905 $0.00 $0.00 Traffic Impact Fee 435 -2600- 0000 -3660 4509 $0.00 $0.00 Sewer Development Fee 436 -2600- 0000 -3660 4510 SO.00 $0.00 Water Development Fee 440 - 2600- 0000 -3660 4515 $0.00 $0.00 Public Facility Fee 720 -0433- 0000 -3620 2202 $0.00 SO.00 Const Water Use Fee 801 - 2601 -PWDO -3899 4703 50.00 $0.00 Reimbursements 801- 2601 -PWDO -3899 4703 $0.00 $0.00 Other Reimbursements Total SO.00 Payment Bond Amount for all improvements $1,217,545 Performance Bond Amount for all improvements $1,217,545 G:ICOMDEV�ENGINEERING \DEVELOPMENT PROJECTS,Tract File \Tr XXXX -Glen Loma Phase IA-1B Improvements \Phaso 1B- Ballybunlon_Santa Teresa COST SCHEDULE Fees Last Revised January 20, 2012 RA T -ees_Invoices_Receipts\Template Dev Fees 7-1.2016 FY 16 -17 Fees BALLYBUNION RAB 71712016 10:53 AM CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE ENCOMPASS NO: E1 15070023 DATE: 28-Jun-2016 NUMBER: Glen Loma Ranch- Santa Teresa/Ballybunlon RAB PROJECT LOCATION: Santa Teresa Blvd. @ Bailybunion Dr. PARCEL NUMBER: WA OWNER/DEVELOPER. Glen Loma Corporation MAILING ADDRESS: 7888 Wren Ave. Suite D143 TELEPHONE NO: 408 -847 -2424 PREPARED BY: MCervantes G:\ COMDEV\ENGINEERING\D�vEI,OPMENT PROJECTS\Tra I File \Tr XXXX -Glen Loma Phase 1A 1B ImprovemenIMPhase 1B- Ballybunion Santa Teresa COST SCHEDULE Fees Last Revised January 20, 2012 RZ\ Fees_Invoices_Receipts\Templato Dev Fees 7.1 -2016 FY 16.17 Fees BALLYBUNION RAB FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK ? N INCENTIVE AGREEMENT ONLY? N (DEFER PUBLIC FACILITY FEE? TO PERMIT? N TO FINAL? N DEFER SEWER, WATER, TRAFFIC FEES? TO PERMIT ? N TO FINAL? 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: Gross Acres: Lots: Units: Sq Ft: Residential -Low 7 0.000 0 0 Residential -High? 0.000 0 0 Commercial-Low? 0.000 0 0 Commercial -High 7 0.000 0 0 lndustr16General? 0.000 0 0 Industdal- Warehouse ? 0.000 0 0 Assembly Hall? 0.000 0 0 Common Area? 0.000 0 Commercial/Industrial Allocations: Sewer GPD: Water GPD: 0 0 Reimbursements and credits: Front Footage/Square Footage Charges Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed: 0.0 0.0 0.0 0.0 0.000 Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF: 0.0 0.0 0.0 0.0 0,0 SPECIAL PUBLIC WORKS SERVICES 100- 2601 -0000 -3625 $0.00 Maps: Final Map $1,755.00 + $15.70 / lot N $0.00 Fee ID NO- F04ALM Parcel Map $2.035.00 + $630.00 / lot N $0.00 Fee ID NO- PARCELM Re- assessment Map (Assessment District Parcels) $1,710.00 + $630.00 / lot N $0.00 Fee ID N- ASSESM Administration Fees: (Cost Schedules, Agreements, RtW Reviews and Other Misc. Services) 0 hrMisc Services $185.00 / hr. Y $0.00 Fee ID N -MISC Special Staff Analysis 0 hr Special Analysis $143.44 / hr. N $0.00 G:\ COMDEV\ENGINEERING\D�vEI,OPMENT PROJECTS\Tra I File \Tr XXXX -Glen Loma Phase 1A 1B ImprovemenIMPhase 1B- Ballybunion Santa Teresa COST SCHEDULE Fees Last Revised January 20, 2012 RZ\ Fees_Invoices_Receipts\Templato Dev Fees 7.1 -2016 FY 16.17 Fees BALLYBUNION RAB 71712016 10:53 AM ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 -0000 -3605 COST ESTIMATE $108,573.78 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 Approved Plans 0 hr Additional Plan Review $143.44 / hr. N $0.00 Fee ID NO- GRADINS (2 Hour Minimum) Re- Inspection Fee 0 hr Re- Inspection $125.00 / hr. N $0.00 Fee ID NO- GRADINS Inspections outside of normal business hours 0 hr inspection $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.Residenfial -Low b.Residential -High c.Commercial d.lndustrial e.Assembiy Hall Street Tree Fee a.City Planting and Replacement $3.06 1 f.f. Wnspeclion and Replacement $0.41 / ff. Traffic Impact Fee a.Residential -Low, b.Residential -High c.Commercial -Low Traffic (c 10.75 bips11000 so d.Commercial -High Traffic (> 10.75 trips/1000 so e.lndustrial- General f.lndustrial- Warehouse $160.00 / / hr. after 3hrs N N $ $0.00 F Fee ID NO- GRADINS COST A ACTUAL ESTIMATE C COST D DIFFERENCE ( ($108,573.78) $1,217,545 $ $0 F Fee ID NO- PCKINSP $100,000 Y Y $12,600.00 Y Y $ $0.00 $200,000 Y Y $10,500.00 Y Y $ $0.00 $200,000 Y Y $85,473.78 Y Y $ $0.00 $1,217,545 $1,217,545 420 - 2600 -0000 -3660 $ $0.00 $564.00 / / acre Y Y $ $0.00 F Fee ID NO -SD -LD $886.00 / / acre Y Y $ $0.00 F Fee 10 NO -SD -HD $1,528.00 / / acre Y Y $ $0.00 F Fee ID NO -SD-C $1.128.00 1 1 acre Y Y $ $0.00 F Fee ID NO-SD-4 $564.00 1 1 acre Y Y $ $0.00 F Fee ID NO -SD-AH 432.2600 -0000 -3660 $ $0.00 G:1COM EVAENGINEERING�DEVELOPMENT PROJECTS',Tract FilelTr XXXX -GI en Loma Phase iA_1B ImprovementslPhase 1 S• Ballybunion Santa Teresa COST SCHEDULE Fees Last EVISed January 20, 2012 R4gtFees invoices_ReceiptslTempiate Dev Fees 7 -1 -2016 FY 16.17 Fees BALLYBUNION RAB G :ICOMDE%AENGINEERING\DWELOPMENT PROJECTS \Tra File\Tr XXXX -Glen Loma Phase 1A 1B Improvements\Phase 113- Ballybunion Santa Teresa COST SCHEDULE Fees Last Revised January 20, 2012 RAB\Fees Invoices Receipts\Temptale Dev Fees 7- 1.2016 FY 16-17 Fees SALLYBUNION RAS 7f72016 10:53 AM Sewer Impact Fee 435 - 2600.0000-3860 $0.00 a.Residenlial -Low $12,020.00 / unit Y $0.00 Fee ID N1SS-LD b.Residen0al -High $6,504.00 / unit Y $0.00 Fee ID N2 -SS -HD c.CommerciaVindustrial $3,804.00 / cgpd Y $0.00 Fee ID N5- SS-CII Water Impact Fee 436 - 2600-0000 -3660 $0.00 a.Residentlal•Low $4,294.00 / unit Y $0.00 Fee ID N1- WATR -LD b.Residentiai -High $1,737.00 / unit Y $0.00 Fee ID N2- WATR -HD c.CommercieVlndustdai $6,731.00 / kgpd Y $0.00 Fee ID N5- WTR -C/I Public Facilities impact Fee 440- 2600 - 0000-0660 $0_00 a.Residenfial -Low $18,952.00 / unit Y $0.00 Fee ID N1 -PF -LD b.Residential -High $15,945.00 1 unit Y $0.00 Fee ID N2 -PF -HD c.Commercial $2,85 6.00 I k.s.f. Y $0.00 Fee ID N3 -PF -C d.Industrial $1,264.00 1 ks.f. Y $0.00 Fee ID N4 -PF -I Water User Fee (Construction) 720-0433 -0000 -3620 Y $0.00 $3.00 / f.f. $0.00 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 Hal 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 -PW OO -3899 $0.00 Water Mains - including fire hydrants, valves, valve boxes and other perlinences. 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- WROB -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 -112 12 Inch Main $52.00 / LF x N 0.0 = $0.00 Fee ID N- WR12 -1/2 14 inch Main 557.00 / 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 f LF x N 0.0 = $0.00 Fee ID N- WRIB -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 -112 30 Inch Main $91.00 / LF x N 0.0 = $0.00 Fee ID N- WR30 -1/2 36 inch Main $106.00 1 LF x N 0.0 = $0.00 Fee ID N- WR36 -1/2 G :ICOMDE%AENGINEERING\DWELOPMENT PROJECTS \Tra File\Tr XXXX -Glen Loma Phase 1A 1B Improvements\Phase 113- Ballybunion Santa Teresa COST SCHEDULE Fees Last Revised January 20, 2012 RAB\Fees Invoices Receipts\Temptale Dev Fees 7- 1.2016 FY 16-17 Fees SALLYBUNION RAS Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Sewer 801- 2801 -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 / LF x N 0.0 = $0.00 Fee ID N- SS06 -1/2 8 inch Main $75.00 / LF x N 0.0 = $0.00 Fee ID N- SS08 -1 /2 10 Inch Main $81.00 I LF x N 0.0 = $0.00 Fee ID N- SS10 -1/2 12 Inch Main $83.00 ! LF x N 0.0 = $0.00 Fee ID NSS12 -1/2 15 Inch Main $87.00 / LF x N 0.0 = $0.00 Fee ID NSS15 -1/2 18 Inch Main $93.00 / LF x N 0.0 = $0.00 Fee ID N- SS18 -1/2 21 inch Main $102.00 1 LF x N 0.0 = $0.00 Fee ID N- SS21 -1/2 24 Inch Main $106.00 ! LF x N 0.0 = $0.00 Fee ID NSS24 -112 27 inch Main $122.00 / LF x N 0.0 = $0.00 Fee ID NSS27 -1/2 30 Inch Main $144.00 1 LF x N 0.0 = $0.00 Fee ID N- SS30 -1/2 33 Inch Main $158.00 / LF x N 0.0 = $0.00 Fee ID N- SS33 -1/2 36 Inch Main $178.00 ! LF x N 0.0 = $0.00 Fee ID N- SS36 -1/2 39 Inch Main $212.00 ! LF x N 0.0 = $0.00 Fee ID N- SS39 -1/2 42 Inch Main $265.00 ! LF x N 0.0 = $0.00 Fee ID N -SS42 -112 Street Improvements 801- 2601 -PWOO -3899 Pavement. Sidewalks 8 Medians Square Footage AC/Bike path: base $2.55 I SF x N 0.0 = $0.00 Fee ID N- STR -ACB AC/Bike path: pvmt $2.50 / SF x N 0.0 = $0.00 Fee ID N- STR -ACP Sidewa&: new $9.75 ! SF x N 0.0 = $0.00 Fee ID N- STR -SIW Sidewalk replace $13.25 / SF x N 0.0 = $0.00 Fee ID NSTRS/WR Resurfacing $2.55 / SF x N 0.0 = $0.00 Fee ID N- STR -RESU Landscaped Median $20.35 / SF x N 0.0 - $0.00 Fee ID N- STR -LANM Hardscaped Median $11.63 / SF x N 0.0 = $0.00 Fee ID N- STR -HARD Traffic Signals (equipment only) % of Lump Sum Traffic Signal -3 leg $130,200.00 1 LS x N 0% _ $0.00 Fee ID NSTR -TS31- Traffic Signal -4 leg $158,500.00 / LS x N 0% _ $0.00 Fee ID N- STR -TS4L Curb and Gutter Lineal Footage Curb/Gutter. new $25.85 / LF x N 0.0 = $0.00 Fee ID N- STR -C /G Curb /Gutter replace $33.40 / LF x N 0.0 = $0.00 Fee ID N- STR -CIGR Curb Ramps $1,057.63 1 LF x N 0.0 = $0.00 Fee ID N- STR -CR 7/7/2016 10:53 AM 50.00 G:1COMpE A INEERINGID I OPMENT PROJECTS1Tract RIe1Tr XXXX -Glen Loma Phase IA-113 ImprovementslPhase 1& Baffybunion_Santa Teresa COST SCHEDULE Fees Last Revised January 2012 RA§1 Fees_Invoices_ReceipistTemplate Day Fees 7 -1 -2016 FY 16-17 Fees BALLYBUNION RAB Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Storm Drain 801- 2601 -PWDO -3899 Storm Mains - including manholes, catch basins and other pertinences. Developer responsibility is up to and Including 24" mains. Half Pipe Lineal Footage 18 inch Main 563.00 / LF x N 0.0 = $0.00 Fee ID N- SD18.1/2 21 inch Main $69.00 / LF x N 0.0 = $0.00 Fee ID N -SD21 -112 24 inch Main $70.00 1 LF x N 0.0 = s0.00 Fee ID N- SD24 -1/2 27 inch Main $82.00 / LF x N 0.0 = 50.00 Fee 10 NSD27.1/2 30 Inch Main $89.00 f LF x N 0.0 = 50.00 Fee ID N -SD30 -112 33 inch Main 591.00 I LF x N 0.0 = $0.00 Fee ID NSD33 -112 36 inch Main $95.00 / LF x N 0.0 = $0.00 Fee ID N -SD36 -112 42 inch Main $99.00 / LF x N 0.0 = 50:00 Fee ID N -SD42 -112 48 Inch Main $117.00 / LF x N 0.0 = 50.00 Fee ID N -S048 -112 54 inch Main $137.00 / LF x N 0.0 = 50.00 Fee ID N -SD54 -112 60 Inch Main $158.00 / LF x N 0.0 = $0.00 Fee ID N -SD60 -112 66 inch Main $179.00 / LF x N 0.0 = $0.00 Fee ID N- SD66 -1/2 72 inch Main $200.00 1 LF x N 0.0 = $0.00 Fee ID N- SD72 -1/2 78 inch Main $216.00 / LF x N 0.0 = 50.00 Fee ID N- S078 -1/2 84 inch Main $231.00 ! LF x N 0.0 = $0.00 Fee ID N -SD84 -112 90 inch Main $246.00 / LF x N 0.0 = $0.00 Fee ID N- SD90 -1 12 96 inch Main $261.00 / LF x N 0.0 = $0.00 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 G mos ent co�rehensrye fee schedule at the hourly rates In effect at the time of inspection. X\ 7/7=16 10:53 AM $0.00 :ceoted by: /�� ,/ A Print Name: � a / / 7 &e OF Dates G:\COMOE`RENGINEERING \DEVELOPMENT PROJECTS \Tract File\Tr X)=.Glen Loma Phase 1A 1B Improvements\Phase 1B- Ballybunian_Santa Teresa COST SCHEDULE Fees Last Revised January 20, 2012 RAA\Fees_Invoices_Receipls \Template Dev Fees 7 -1 -2016 FY 16 -17 Fees BALLYBUNION RAB OVERSIZING SCHEDULE (Used to reimburse oversized Infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement Total Oversized Water 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 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 z 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 5166.00 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 Maim $423.00 5166.00 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 7(712016 10:53 AM SO.00 $0.00 $0.00 $coo G: \COMDEV\EN INEERING�pEV�t,OPMENT PROJECTS \Tract File \Tr XXXX -Glen Loma Phase 1A_ 16lmprovements \Phase 1B- Ballybunion Santa Teresa COST SCHEDULE Fees Last Revised January 20. 2012 Pj&ees lnvoices_Receipts\Template Bev Fees 7 -1 -2016 FY 16 -17 Fees BALLYBUNION RAB 717/2016 10:53 AM Overslzing 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 tvlain $492.00 $140.00 x 0.0 = $0.00 N 96 inch Main $522.00 S140.00 x 0.0 = $0.00 N G: ICOMDEVtENGINEERINGIDEVELOPMENT PROJECTS\Tract File \Tr XXXX -Glen Lana Phase IA 1B Improvements \Phase 1B- Ballybunion Santa Teresa COST SCHEDULE Fees Last Revised January 20, 2012 R49\Fees_Invoices_Raceipts \Template Dev Fees 7- 1.2016 FY 16 -17 Fees BALLYBUNION RAB CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1183 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San +ck On Ocio &r 1�, 2,0 I"j before me, 50ndf a E , NckV 1 , f�oitr� ( Lc6j,C Date Here Insert Name and Title of the Officer personally appeared C a . G o n n a 1e z Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)' whose name(s) is /arcs subscribed to the within instrument and acknowledged to me that he /she /they" executed the same in his /heffthdir authorized capacity(ies), and that by his /hef %ti it signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SANDRA E. NAVA commission # 2086119 Z , •a' Notary Public - California z Z Santa Clara County v My Comm. Ex ires Nov 11, 2018 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. Signature ,4An, g a � rze-�'V-a- Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney.in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Alameda On August 28 , 2017 , before me, Mandi M. Misasi, Notary Public (here insert name and title of the officer) personally appeared Bridgit Koller , who proved to me on the basis of satisfactory evidence to be the person( - +whose names) -is /afe subscribed to the within instrument and acknowledged to me that Wshe4ke-y--executed the same in hWher> authorized capacity(ies), and that by hi- Aer4heir-- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 liYyy,- Signature MAN01 M. MISASI _ Commission # 2098521 z -: Notary Public - California z z San Joaquin County M Comm. Expires Jan 30, 2019 (SEAL) 2294- 00169\FORM\ 122786 1.1 10/29/14 CALIFORNIA • • • A0.10& A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 4u C On 1�4 t 30, 9.0/7 before me, It OStinvtA I�Y u�(��S -�a n /uo�ary toulolic , Date j nn�� Here !n ert Name and Title of the Officer personally appeared Jo�l✓1 �vl P/ 1 I C- , , jr- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personV) whose nameo is /Ve subscribed to the within instrument and acknowledged to me that he /swty(ey executed the same in his /hor /tfAir authorized capacity(io), and that by his /h ,6r /tVeir signature(?) on the instrument the person�8)1 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 ROSANNA ARGUES I E$- PATTON is true and correct. Notary Public California Santa Clara County i Z WITNESS my hand and official seal. h ' Commission � 2162602 r My Comm Expires Aug 13 2020 _ Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document No a poly -03 Title or Type of Document: P �• �rn�rov_ e»U4t f}q rwru-,t Document Date: tt� aD�a01� Number of Pages: /3 iptu� Signer(s) Other Than Named Above: Capacity(ies) Clatip ed by Signer(s) Signer's Name: _s..lotin A4. B 11`c6 r• Signer's Name: corporate Officer - Title(s): fil6nZW tic/ _ Corporate Officer - Title(s): Partner - Limited General 91elo. Partner - Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: _ Other: Signer Is Representing: _ Signer Is Representing: „c�;�c;�z,^�;��>�r;���e, _ _ • _ � _ _ � �re���: �e. �u���: �, Qz. �= c�. �z, ��z�c: �c: �e .�c:ce.cz.�c.�c,�c;�v�c.�;c: ©2014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907