PIA No. 2018-06 - Meritage Homes of CaliforniaRECORDING REQUESTED BY:
City of Gilroy
24062155
Regina Alcomendras
Santa Clara County - Clerk -Recorder
11/09/2018 01:21 PM
Titles: 1 Pages: 21
L Fees: $170.00
Taxes: 0
`'y1+70y.00
WHEN RECORDED, MAIL TO: Total:
Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 2018-06
Heartland Triangle — Tract 10482
APN: 810-20-029
Meritage Homes of California, Inc., a California corporation
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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. 2018-06
This Property Improvement Agreement ("Agreement") is made and entered into this 15ji1 day of
(2lcbYr , 20_[B__, by and between the City of Gilroy, a municipal corporation, herein called the "City,"
and Meritage Homes of California, Inc., a California 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: Heartland Triangle, APN: 810-20-029, 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 "Improvement Plans for Heartland Ct. Tract No.
10482.
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:
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.
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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
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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.
e. 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.
f. At all times during the term of this Agreement and until the improvements constructed by Developer
are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general
liability and property damage insurance in the minimum amount of One Million Dollars
($1,000,000), combined single limit for both bodily injury and property damage; (b) workers'
compensation insurance as required by law; and (c) broad form `Builder's Risk" property damage
insurance with limits of not less than 100% of the estimated value of the improvements to be
constructed by Developer pursuant to this Agreement.
All such policies shall provide that thirty (30) days written notice must be given in advance to City
prior to termination, cancellation or modification. The insurance specified in (a) above shall name
City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and
shall provide that City, although an additional insured or loss payee, may recover for any loss
suffered by reason of the acts or omissions of Developer or Developer's contractors or
subcontractors or their respective employees. Developer hereby waives, and Developer shall cause
each of its contractors and subcontractors to waive, all rights to recover against City for any loss or
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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 (TM 17-02) and Architectural and Site Review (A/S 17-14) approvals, City Council
Resolutions 2018-11 and 2018-12, respectively.
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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.
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.
8. 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.
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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 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. 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.
18. 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]
19. All grading operations and soil compaction activities shall be per the approved soils report and shall
meet with the approval of the City Engineer.
20. 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]
21. 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.
22. 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
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expense of the developer/contractor. This shall include slurry seal, overlay, street reconstruction,
and repair to curb, gutter and sidewalk, driveway approach if reasonably deemed warranted by the
City Engineer.
23. This project is subject to post -construction stormwater quality requirements per Section 27D of the
Gilroy Municipal Code.
24. 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.
(c) 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.
25. Stormwater BMP Inspections will be required for this project and shall adhere to the following:
(a) The property owner(s) shall be responsible for having all stormwater 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;
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4. List of stormwater facilities inspected;
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.
26. 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.
27. 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.
28. 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.
29. 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. 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 Developer
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 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.
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SECTION 7
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOTAL AMOUNT DUE CITY $46,392.01
CITY OF GILROY
Gabriel A. Gonzalez
City Administrator
Date: i41
ATTEST:
APPROVED AS TO FORM:
Andrew L. Faber, City Attorney
DEVELOPER
By:
Name:
Title:
Date: C9/2 -S%2-C'/t3
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.
[ATTACH EXHIBIT A — LEGAL DESCRIPTION]
[ATTACH CURRENT NOTARY FORM(S)]
4828-0143-80260 _ 10- 9/ 18/ 12
JH104706091
EXHIBIT A
All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being all of
"Parcel M" as shown on the map entitled "Tract 10279, Hoey South", filed June 17, 2016 in Book 893 of
Maps, at Pages 32 through 41, Records of Santa Clara County, California.
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
ss .
COUNTY OF "\I 0-0
On SC�'rnV� r ZS. 2o18 before me, V� c kl�, (ICti -A Aces , Notary Public,
persondlly appeared -)ioVw\� T�). Ym t �,r' , who proved to me on the basis of satisfactory
evidence to be the person(s) whose na e(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
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)
4634A 577-0954v2
58CORDEL004706083
VICTORIA AOAMS
Notary Public - California
(Seal) i Solano County Z
Z Commission # 2105949 D
My Comm. Expires Apr 5, 2019
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
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 1
County of L%n-Mi PbOIA J}
On ��Mbq 1, 2-01`R before me, `X)20ni--P C--t072ft-1-r^, . c �3r7icc
Date Here Insert Name nd Title oft e Officer
personally appeared CtCPbf'P_j-
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
•� SULANNE GUZZETTA
Notary Public - California
Santa Clara County
Commission k 2106751
My Comm. Expires Apr 12, 2019
Place Notary Seal and/or Stamp Above
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 wit
Sig ture of No ary Vblic
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: r mt v�la'r �1�Drr-pm PrnrA_ n Dni K� t, -(�o
Document Date: Il J NumberofPages:
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 of Conservator
❑ Other:
Signer is Representing:
02017 National Notary Association
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
9/20/2018 6:14 PM
CITY OF GILROY
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
EFFECTIVE 7/1/2018
ENCOMPASS NO:
E1
/18070073 '
Revised:
Revision Number:
DATE:
17-Sep-18
Revision By: BK
NUMBER:
Heartland Triangle -
Hecker Pass East Cluster
PROJECT LOCATION:
Third Street
PARCEL NUMBER:
810-20-029
OWNER/DEVELOPER:
Meritage Homes
MAILING ADDRESS:
TELEPHONE NO:
(925) 543-4058
PREPARED BY:
Babak Kaderi
Account No.
Key Code
Fee:
Credits: Amount Due:
Account Descripti3eid on Invoice #
100-2601-0000-3625
4904
$1,896.30
$1,896.30
Special Public Works Sery
100-2601-0000-3605
4702
$53,254.91
$10,000.00 $43,254.91
Eng Plan Check & Insp
420-2600-0000-3660
4501
$1,240.80
$1,240.80
Storm Development Fee
432-2600-0000-3660
3301
$0.00
$0.00
Str Tree Development Fee
DEFERRED TO
433-2600-0000-3660
4905
$104,049.00
BLDG PERMIT
Traffic Impact Fee
DEFERRED TO
435-2600-0000-3660
4509
$112,509.00
BLDG PERMIT
Sewer Development Fee
DEFERRED TO
436-2600-0000-3660
4510
$38,646.00
BLDG PERMIT
Water Development Fee
DEFERRED TO
440-2600-0000-3660
4515
$184,482.00
BLDG PERMIT
Public Facility Fee
720-0433-0000-3620
2202
$0.00
$0.00
Const Water Use Fee
801-2601-PWDO-3899
4703
$0.00
$0.00
Reimbursements
801-2601-PWDO-3899
4703
$0.00
$0.00
Other Reimbursements
Fee Total $496,078.01
Total $46,392.01
Payment Bond Amount for all improvements
Performance Bond Amount for all improvements
$558, 987
$558,987
COST SCHEDULE Fees Last RsvL4edxIvxwqrfd19A%1:21TH BAY PROJECTS\ibilroy\Hecker Pass - Heartland Triangle\City\PIA\Heartland Triangle-Dev Fees 0917 18 - REV
9/20/2018 6:14 PM
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
ENCOMPASS NO:
E1/18070073
DATE:
17-Sep-2018
NUMBER:
Heartland Triangle - Hecker Pass East Cluster
PROJECT LOCATION:
Third Street
PARCEL NUMBER:
810-20-029
OWNER/DEVELOPER:
Meritage Homes
MAILING ADDRESS:
TELEPHONE NO:
(925) 543-4058
PREPARED BY:
Babak Kaderi
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 ?
2.200
9
9
Residential -High ?
0.000
0
0
Commercial -Low ?
0.000
0
0
Commercial -High ?
0.000
0
0
Industrial -General ?
0.000
0
0
Industrial -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
$1,896.30
Maps:
Final Map $1,755.00 +
$15.70
/ lot Y
$1,896.30
Fee ID NO-FINALM
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 WASSESM
Administration Fees:
(Cost Schedules, Agreements, R/W Reviews and Other Misc.
Services)
0 hr Misc Services
$185.00
/ hr. Y
$0.00
Fee ID N-MISC
Special Staff Analysis
0 hr Special Analysis
$143.44
/ hr. N
$0.00
COST SCHEDULE Fees Last R fa1gd18N2%t%TH BAY PROJECTStilroy\Hecker Pass - Heartland Triangle\City\PIA\Heartland Triangle-Dev Fees 0917 18 - REV
9/20/2018 6:14 PM
ENGINEERING PLAN CHECK & INSPECTION 100-2601-0000-3605 COST ESTIMATE $53,254.91
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 +
$160.00
/
hr. after 3hrs
N
$0.00
Fee ID NO-GRADINS
COST
ACTUAL
(Based on total cost of improvements)
ESTIMATE
COST
DIFFERENCE ($53,254.91)
Estimated Cost of Improvements
$558,987
$0
Fee ID NO-PCKINSP
12.6% $0
$100,000
Y
$12,600.00
Y
$0.00
10.5% $100,000
$200,000
Y
$10,500.00
Y
$0.00
8.4% over
$200,000
Y
$30,154.91
Y
$0.00
Payment Bond Amount for all improvements
$558,987
Performance Bond Amount for all improvements
$558,987
IMPACT FEES
Storm Drain Impact Fee
420-2600-0000-3660
$1,240.80
a.Residential-Low
$564.00
/
acre
Y
$1,240.80
Fee ID NO-SD-LD
b.Residential-High
$886.00
/
acre
Y
$0.00
Fee ID NO -SD -HD
c.Commercial
$1,528.00
/
acre
Y
$0.00
Fee ID NO-SD-C
d.Industrial
$1,128.00
/
acre
Y
$0.00
Fee ID NO -SD -I
e.Assembly Hall
$564.00
/
acre
Y
$0.00
Fee ID NO-SD-AH
Street Tree Fee
432-2600-0000-3660
$0.00
a.City Planting and Replacement
$3.06 /
f.f. x
N
0.0
=
$0.00
Fee ID NO-TREEPLT
b.lnspection and Replacement
$0.41 /
f.f. x
Y
0.0
=
$0.00
Fee ID NO-TREEINS
Traffic Impact Fee
433-2600-0000-3660
DEFERRED TO BLDG PERMIT
a.Residential-Low
$11,561.00
/
unit
Y
$104,049.00
Fee ID N1-TRAF-LD
b.Residential-High
$9,372.00
/
unit
Y
$0.00
Fee ID N2-TRAF-HD
c.Commercial-Low Traffic
(< 10.75 trips/1000 so
$12,792.00
/
k.s.f.
Y
$0.00
Fee ID N3-TRAF-CL
d.Commercial-High Traffic
(>= 10.75 trips/1000 so
$25,840.00
/
k.s.f.
Y
$0.00
Fee ID N3-TRAF-CH
e.industrial-General
$5,069.00
/
k.s.f.
Y
$0.00
Fee ID N4-TRAF-IG
f.lndustrial-Warehouse
$3,674.00
/
k.s.f.
Y
$0.00
Fee ID N4-TRAF-IW
COST SCHEDULE Fees Last Rsvi-AKbJwwq 0w\2%' 21TH BAY PROJECTS\ailroy\Hecker Pass - Heartland Triangle\City\PIA\Heartland Triangle-Dev Fees 0917 18 - REV
9/20/2018 6:14 PM
Sewer Impact Fee
435-2600-0000-3660
DEFERRED TO BLDG PERMIT
a.Residential-Low
$12,501.00 /
unit Y
$112,509.00
Fee ID N1-SS-LD
b.Residential-High
$6.764.00 /
unit Y
$0.00
Fee ID N2-SS-HD
c.Commercial/Industrial
$3,956.00 /
cgpd Y
$0.00
Fee ID N5-SS-C/I
Water Impact Fee
436-2600-0000-3660
DEFERRED TO BLDG PERMIT
a.Residential-Low
$4,294.00 /
unit Y
$38,646.00
Fee ID N1-WATR-LD
b.Residential-High
$1,737.00 /
unit Y
$0.00
Fee ID N2-WATR-HD
c.Commercial/Industrial
$6,731.00 /
kgpd Y
$0.00
Fee ID N5-WTR-C/I
Public Facilities Impact Fee
440-2600-0000-3660
DEFERRED TO BLDG PERMIT
a.Residential-Low
$20,498.00 /
unit Y
$184,482.00
Fee ID N1-PF-LD
b.Residential-High
$17,246.00 /
unit Y
$0.00
Fee ID N2-PF-HD
c.Commercial
$3,089.00 /
k.s.f. Y
$0.00
Fee ID N3-PF-C
d.lndustrial
$1,368.00 /
k.s.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 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-PW DO-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 Footaae
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 Fees Last R .%iEt111v7Cjr{di N'2l t%TH BAY PROJECTS\Itilroy\Hecker Pass - Heartland Triangle\City\PIA\Heartland Triangle-Dev Fees 0917 18 - REV
9/20/2018 6:14 PM
Front Foot Charges Continued
(Used to charge and reimburse fees for existing infrastructure)
Sewer
801-2601-P W DO-3899
$0.00
Sewer Mains - including manhole and other pertinences.
Developer responsibility is up to and
including 12"
mains.
Half Pipe
Lineal Footaae
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
/ 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 N-SS12-1/2
15 inch Main
$87.00
/ LF x
N
0.0 =
$0.00
Fee ID N-SS15-1/2
18 inch Main
$93.00
I LF x
N
0.0 =
$0.00
Fee ID N-SS18-1/2
21 inch Main
$102.00
/ 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 N-SS24-1/2
27 inch Main
$122.00
/ LF x
N
0.0 =
$0.00
Fee ID N-SS27-1/2
30 inch Main
$144.00
I 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
I LF x
N
0.0 =
$0.00
Fee ID N-SS42-1/2
Street Improvements
801-2601-PWDO-3899
$0.00
Pavement. Sidewalks & Medians
Square Footaoe
AC/Bike path: base
$2.55
/ 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
Sidewalk: new
$9.75
I SF x
N
0.0 =
$0.00
Fee ID N-STR-SfW
Sidewalk: replace
$13.25
/ SF x
N
0.0 =
$0.00
Fee ID N-STR-S/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 Sianals (eauioment only)
% of Lumo Sum
Traffic Signal-3 leg
$130,200.00
/ LS x
N
0 % =
$0.00
Fee ID N-STR-TS3L
Traffic Signal-4 leg
$158,500.00
/ LS x
N
0% =
$0.00
Fee ID N-STR-TS4L
Curb and Gutter
Lineal Footaae
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-C/GR
Curb Ramps
$1,057.63
/ LF x
N
0.0 =
$0.00
Fee ID N-STR-CR
COST SCHEDULE Fees Last Rw4sedxkxw6,r0w\'dtt1TH BAY PROJECTS\CEilroy\Hecker Pass - Heartland Tri angle\City\PIA\Heartl and Triangle-Dev Fees 0917 18 - REV
9/20/2018 6:14 PM
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
18 inch
Main
$63.00
/ LF x
21 inch
Main
$69.00
/ LF x
24 inch
Main
$70.00
/ LF x
27 inch
Main
$82.00
/ LF x
30 inch
Main
$89.00
/ LF x
33 inch
Main
$91.00
/ LF x
36 inch
Main
$95.00
I LF x
42 inch
Main
$99.00
/ LF x
48 inch
Main
$117.00
/ LF x
54 inch
Main
$137.00
/ LF x
60 inch
Main
$158.00
/ LF x
66 inch
Main
$179.00
/ LF x
72 inch
Main
$200.00
I LF x
78 inch
Main
$216.00
I LF x
84 inch
Main
$231.00
/ LF x
90 inch
Main
$246.00
/ LF x
96 inch
Main
$261.00
/ LF x
Lineal Footaoe
N 0.0 =
$0.00
Fee ID N-SD18-1/2
N 0.0 =
$0.00
Fee ID N-SD21-1/2
N 0.0 =
$0.00
Fee ID N-SD24-1/2
N 0.0 =
$0.00
Fee ID N-SD27-1/2
N 0.0 =
$0.00
Fee ID N-SD30-1/2
N 0.0 =
$0.00
Fee ID N-SD33-1/2
N 0.0 =
$0.00
Fee ID N-SD36-1/2
N 0.0 =
$0.00
Fee ID N-SD42-1/2
N 0.0 =
$0.00
Fee ID N-SD48-1/2
N 0.0 =
$0.00
Fee ID N-SD54-1/2
N 0.0 =
$0.00
Fee ID N-SD60-1/2
N 0.0 =
$0.00
Fee ID N-SD66-1/2
N 0.0 =
$0.00
Fee ID N-SD72-1/2
N 0.0 =
$0.00
Fee ID N-SD78-1/2
N 0.0 =
$0.00
Fee ID N-SD84-1/2
N 0.0 =
$0.00
Fee ID N-SD90-1/2
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 Gilroy's most current mprehensive fee schedule at the hourly rates
in effect at the time of inspection.
Accepted by:
Print Name: � -� v �r t Ll t�
Date: c / /Z�/lic✓ �(✓
$0.00
COST SCHEDULE Fees Last Rw465B wg10N2%t2JTH BAY PROJECTS\ailroy\Hecker Pass - Heartland Triangle\City\PIA\Heartland Triangle-Dev Fees 0917 18 - REV
9/20/2018 6:14 PM
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
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
$0.00
$0.00
$0.00
$0.00
COST SCHEDULE Fees Last ReW\gadklA1,w"m2%t21TH BAY PROJECTS\?,�ilroy\Hecker Pass - Heartland Triangle\City\PIA\Heartland Triangle-Dev Fees 0917 18 - REV
9/20/2018 6:14 PM
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 Last Rw+IS@Qb.iwuaEjrWw,2%t2JTH BAY PROJECTS\$ilroy\Hecker Pass - Heartland Triangle\City\PIA\Heartland Triangle-Dev Fees 0917 18 -REV