HomeMy WebLinkAboutSCVWD - Recycled Water Pipeline Facilities Expansion for Meritage Homes ProjectSCVWD ENACTED COPY
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AGMT:.E� FILE:
AGREEMENT
BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT
AND THE
CITY OF GILROY
FOR THE
RECYCLED WATER PIPELINE FACILITIES EXPANSION
(MERITAGE HOMES DEVELOPMENT PROJECT)
This Agreement ( "Agreement ") between the Santa Clara Valley Water District, a
California independent special district (hereinafter referred to as "District ") and the City
of Gilroy, a California municipal corporation (hereinafter referred to as "City ") sets forth
the respective roles and responsibilities of District and City in regard to the design and
construction of a pipeline extension to the District's recycled ter distribution facilities
located in the City of Gilroy, and is made and entered into as ��tA42e., 24 . ZO /5
District and City are collectively referred to hereinafter as the Parties, and may be referred to
individually as Party.
RECITALS
WHEREAS, District manages groundwater and provides wholesale water supply in
Santa Clara County; and
WHEREAS, the Parties developed a South County Recycled Water Master Plan Report
for expanding recycled water use in southern Santa Clara County; and
WHEREAS, District owns and operates a recycled water distribution system in southern
Santa Clara County; and
WHEREAS, Meritage Homes has gained City's approval of a proposed residential
development project in the City of Gilroy; and
WHEREAS, Meritage Homes is required to install a portion of a 12 -inch inside diameter
(12 -inch diameter) recycled water pipeline in the public street and right -of -way that will extend
the District's master recycled water distribution system located in the City of Gilroy within and
adjacent to an area where Meritage Homes will be performing work related to their residential
development project
WHEREAS, instead of Meritage Homes' installing said 12 -inch diameter recycled water
pipeline, District desires Meritage Homes to install a 24 -inch inside diameter (24 -inch diameter)
recycled water pipeline, and with respect to such work has requested that City act as a conduit
between District and Meritage Homes and to provide administrative services with respect to the
work; and
WHEREAS, the City has therefore asked Meritage Homes to install a 24 -inch diameter
recycled water pipeline in the public street and right -of -way that will extend the District's
recycled water distribution system located in the City of Gilroy within and adjacent to an area
where Meritage Homes will be performing work related to their residential development project,
subject to the terms and conditions of an Agreement between City and Meritage Homes to be
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negotiated and described in this Agreement below as the Meritage Homes Construction
Contract.
WHEREAS, the 24 -inch diameter recycled water pipeline work that City has asked
Meritage Homes to perform also constitutes a portion of the work that Meritage Homes has
agreed to perform pursuant to the terms and requirements of a Property Improvement
Agreement, No. 2014 -01, covering certain real estate and property improvements known as and
called: Hecker Pass —East Cluster, Tract No 10220 APNs: 810 -21 -001, 810 -21 -003, and 810-
21 -007 between City and Meritage Homes dated May 5, 2014 (the "PIA").
WHEREAS, Meritage Homes has indicated that it desires to install said 24 -inch diameter
recycled water pipeline instead of a 12 -inch diameter recycled water pipeline installation so long
as it is reimbursed for the difference in cost for installing the 24 -inch diameter recycled water
pipeline instead of the 12 -inch diameter recycled water, subject to the terms and conditions of
the Meritage Homes Construction Contract to be negotiated; and
WHEREAS, the City desires that the difference in Meritage Homes' cost required to
install said 24 -inch diameter recycled water pipeline instead of a 12 -inch diameter recycled
water be reimbursed to Meritage Homes by the District, subject to the terms and conditions of
this Agreement and the Meritage Homes Construction Contract to be negotiated.
NOW, THEREFORE, in consideration of the recitals and mutual obligations of the
Parties herein expressed, District and City agree as follows:
AGREEMENT PROVISIONS
1. PROJECT DESCRIPTION
The project will expand the District's recycled water southern Santa Clara County distribution
system by increasing the size of approximately 8,681 linear feet and extending approximately
550 linear feet of High Density Polyethelyne (HDPE) recycled water pipeline as generally shown
as Phase 1 and Phase 2 in Exhibit "A" titled "Recycled Water System Map" and Exhibit "B" titled
"Project Cost Estimate" attached hereto and incorporated into this Agreement by this reference
( "Project "). City shall ensure Meritage Homes shall use its best efforts to administer the Project
with the targeted goal of achieving Project completion pursuant to the terms and requirements
of Exhibit "C" titled "Property Improvement Agreement No. 2014 -01 ", incorporated into this
Agreement by this reference, covering certain real estate and property improvements known as
and called Hecker Pass East Cluster Tract No 10220, APNs: 810 -21 -001, 810 -21 -003, and 810-
21 -007, between City and Meritage Homes dated May 5, 2014 (the "PIA") but not later than
three (3) years after the effective date of this Agreement ( "Completion Deadline "). The Project
will be completed in the following three phases: (1) Cobblestone and 3rd street from the end of
existing 3rd street west to the westerly boundary of TR 10220 to be completed on or about
November /December 2014, (2) 3`d Street extension from the westerly boundary of TR 10220 to
the tie -in at Hecker Pass Hwy to be completed on or about August/September 2015, and (3) the
easterly extension of the recycled water across Santa Teresa to be completed on or about
November /December 2015.
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2. ESTIMATED COST OF THE PROJECT
Based on engineering estimates, the estimated cost for Meritage Homes to design and
construct the Project, which includes design and installation of the increased size of 8,681 linear
feet of 24 -inch recycled water pipeline, as Three Million Three Hundred Ninety -Seven Thousand
and Forty -Seven Dollars ($3,397,047) and the extended 550 linear feet of 24 -inch recycled
water pipeline, as One Hundred Eighty -One Thousand Nine Hundred and Forty -Seven Dollars
($181,947). Based on engineering estimates, the estimated cost for Meritage Homes to design
and construct the original 12 -inch diameter recycled water pipeline was Nine Hundred Two
Thousand Seven Hundred and Twenty -Seven Dollars ($902,727). The cost to be reimbursed to
Meritage Homes by the District is the difference between the combined cost of the 8,681 linear
feet of 24 -inch recycled water pipeline and the extended 550 linear feet of 24 -inch recycled
water pipeline ($3,578,994) and the cost to construct the Project per the PIA with installation of
a 12 -inch diameter recycled water pipeline ($902,727). This estimated difference in cost is Two
Million Six Hundred Seventy -Six Thousand Two Hundred and Sixty -Seven Dollars ($2,676,267)
and shall be referred to as the "Eligible Cost" as more fully described in Exhibit "B ". In no event
shall City be liable to District if the difference in cost or reimbursement to Meritage Homes
exceeds the Eligible Cost. The potential for cost overruns shall be addressed in the Meritage
Homes Construction Contract.
3. CONSTRUCTION CONTRACT BETWEEN CITY AND MERITAGE HOMES
City shall use good faith efforts to negotiate and enter into an Agreement with Meritage Homes
whereby Meritage Homes would construct the Project on a cost reimbursement basis on terms
acceptable to City, subject to this Section 3 below ( "Meritage Homes Construction Contract "). If
the City is successful in negotiating the Meritage Homes Construction Contract, the Meritage
Homes Construction Contract must be in writing, executed by Meritage Homes and City, and
must incorporate and pass through to Meritage Homes all of the following terms, unless
otherwise approved by the District (which approval shall not be unreasonably withheld,
conditioned or delayed):
(a) District shall have the benefit of all rights, remedies and redress against Meritage
Homes that the City has against Meritage Homes, insofar as applicable to the
Meritage Homes Construction Contract; and Meritage Homes shall have the
benefit of all rights, remedies and redress against the District that Meritage
Homes has against the City, insofar as applicable to payment for the construction
of the Project. At City's election, the Meritage Homes Contract may provide that
City shall have the right at any time to assign City's rights under the Meritage
Homes Contract to District, and thereupon be relieved of all obligations under the
Meritage Homes Contract, such that the Meritage Homes Contract shall become
a direct contract between District and Meritage Homes.
(b) To the extent permitted by law, Meritage Homes and all of its contractors and
subcontractors performing work under this Agreement, if any, shall indemnify,
defend, save and hold harmless the District and City and their respective
directors, council members, officers, employees, volunteers and agents from and
against any and all claims, actions, liabilities, damages, losses, or expenses,
including attorneys' fees, arising from Meritage Homes's (or its contractors' and
subcontractors') negligence or willful misconduct directly or indirectly related to
the Project.
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(c) Meritage Homes and all of its contractors performing work on the Project shall
obtain and maintain insurance of the types and in the amounts provided in
Exhibit "D" of this Agreement. Meritage Homes shall name the District and City
(including District's board members, officers, employees, and agents) as
additional insureds on such insurance. Insurance requirements provided for
under the PIA shall meet these requirements so long as Meritage Homes names
the District and City (including District's board members, officers, employees, and
agents) as additional insureds.
(d) Meritage Homes shall meet with the District and City prior to finalizing the design
work for the Project to discuss final design matters and construction scheduling.
(e) Meritage Homes' contractor shall provide a written Project cost estimate, Exhibit
"B ", and guaranty bond in favor of District covering all work for construction of the
Project for a period of one (1) year after Project completion. Meritage Homes
shall agree that the contractor's and subcontractors contractual warranty
obligations as to the Project will include the District as a beneficiary, and that
Meritage Homes will provide the District with a copy of all documentation
provided by contractors and subcontractors of any warranties related to the
Project and District rights as a beneficiary to such warranties. Faithful
performance and payment bonds provided for under the PIA shall meet this
bonding requirement so long as the Project is covered by the PIA.
(f) Meritage Homes and its contractor(s) will be solely responsible for the
construction of the Project and for all persons or entities engaged in such work,
including, but not limited to; contractors, subcontractors, suppliers, and providers
of services. Meritage Homes shall agree to require its contractor(s) to construct
the Project in conformance with the final design agreed to by the District and City
and all applicable laws. Meritage Homes will be responsible for all permit
acquisitions, construction management, testing, and acceptance of the Project
and other work performed by its contractors. Meritage Homes will provide District
and City with a copy of all submittals and Requests for Information ( "RFI ")
associated with the Project for the District's and City's review in conjunction with
Meritage Homes providing them to the engineer of record. Meritage Homes will
contractually obligate the engineer of record to accept input from the City
regarding such submittals and RFls and to discuss and provide the City with a
written explanation for any disagreement.
(g) Meritage Homes shall ensure that its contractor prepares as -built drawings
certified by a California licensed professional engineer. Meritage Homes will
supply such drawings to the District and City with electronic AutoCAD "dwg" file
version within ninety (90) calendar days after City's acceptance of the Project.
(h) Meritage Homes shall provide the District's construction inspectors with access
to the Project construction site during normal business hours. District will not
direct the work of contractor. District will communicate any concerns to the City's
inspector who shall be responsible for addressing those concerns and when
applicable use reasonable efforts to facilitate resolution of any disagreements
related to the Project construction.
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(i) After completion and District's acceptance of the Project, Meritage Homes will
assign ownership of all deliverables, including the installed recycled water
pipeline, resulting from the Project to the District free and clear of all liens,
security interests, and other encumbrances. To the extent that any portion of the
recycled water pipeline and appurtenances are not located within the public right -
of -way, Meritage Homes shall dedicate to District an ingress /egress easement to
the land above the recycled water pipeline that will provide the District with
reasonable access for operation and maintenance purposes.
If City is able to negotiate a Meritage Homes Construction Contract acceptable to the City, then
not later than 20 business days after delivery of the negotiated form of Meritage Homes
Construction Contract to District, District shall confirm in writing to City whether the form of the
Meritage Homes Construction Contract is acceptable to District, notwithstanding that it may not
contain all of the terms and conditions described in this Section 3 above. District failure to notify
City of its disapproval of the form of the Meritage Homes Construction Contract shall be deemed
approval of same. If City is not able to negotiate and enter into the Meritage Homes
Construction Contract by October 1, 2014, or District fails to approve the form of Meritage
Homes Construction Contract presented by City to District for approval by November 1, 2014,
then this Agreement shall terminate, unless such date is extended by mutual Agreement of the
Parties (without any obligation on the part of either Party to so agree).
4. ENROACHMENT PERMIT(S) FOR CONTINUING ENCROACHMENT
City represents that the Project deliverables, including the recycled water pipeline, will be
installed under a public street and right -of -way. City shall issue all encroachment permit(s)
necessary to enable the District to continue to own, operate and maintain the Project
deliverables under the public street and right -of -way, without cost to District, but otherwise
subject to and in accordance with City's normal policies and procedures.
5. REIMBURSEMENT OF PROJECT WORK
(a) The City shall request from the District reimbursement to Meritage Homes for
Eligible Costs by submitting an invoice: (i) not more frequently than on a monthly
basis during the course of construction; and (ii) after 100% completion of the
Project and District's acceptance of all deliverables resulting from the Project.
(b) Each invoice for reimbursement of Eligible Costs shall contain the following
information: (i) the total Eligible Costs that have been incurred by Meritage
Homes for the Project during the period identified in that particular invoice; and
(ii) the initials of the Meritage Homes's project manager, certifying that the
invoice being submitted accurately and reasonably reflects the construction costs
of the Project during the period identified in the particular invoice. As used in this
Agreement, "Eligible Costs" means all costs invoiced to City by Meritage Homess
for the design and construction of the Project and reimbursable to Meritage
Homes under the Meritage Homes Construction Contract, including without
limitation the costs of materials, supplies, equipment and labor expended
towards the Project.
(c) District shall promptly review a submitted invoice. If District disapproves of any
portion of the submitted invoice, District shall notify City within fifteen (15)
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calendar days after District's receipt of that invoice of the amounts disapproved
and the reasons for disapproval. Any portion of the submitted invoice not
disapproved by District within this fifteen (15) day period shall be deemed
approved by District. If any portion of the invoice is approved by District (which
approval shall not be unreasonably withheld or conditioned), District shall pay the
approved portion of the invoice to CITY within thirty (30) calendar days after
District's receipt of that invoice. Any and all funds paid to the City under this
Agreement shall be used solely to pay Meritage Homes the Eligible Costs.
6. CITY'S ADDITIONAL RESPONSIBILITIES
(a) Provide engineering and construction management for the Project.
(b) Manage City's contractual relationship with Meritage Homes for construction of
the Project, including paying all related Meritage Homes invoices funded by
District.
(c) Invoice District for Eligible Costs.
(d) Use good faith efforts to negotiate for the inclusion in the Meritage Homes
Construction Contract of all of the terms specified in Section 3 of this Agreement.
(e) Use good faith efforts to obtain a Project cost estimate from Meritage Homess.
(f) Notify District of all approved Project change orders that will increase the cost of
the Project above the Eligible Costs. The total Project cost shall not exceed the
Eligible Costs ($2,676,267) plus a 15% Contingency ($401,440) for approved
Project change orders.
(g) Provide District with copies of Project contract documents and documentation for
all costs incurred to the extent in City's possession.
7. DISTRICT'S ADDITIONAL RESPONSIBILITIES
(a) Pay approved City invoices within thirty (30) calendar days after receipt.
(b) Notify City of invoice problems within fifteen (15) calendar days after receipt.
(c) Provide engineering review and inspection support as requested by the City for
the Project
(d) Provide special inspection support as requested by the City for any specialty pipe
installations, coatings etc requested by the District for the Project.
(e) Provide design specifications for the pipe and allow Meritage Homes and City to
determine the final line and grade of the pipe within the City street Right of Way.
(f) Participate in construction progress meetings.
(g) Not unreasonably withhold, condition or delay approval of Eligible Costs.
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8. DOCUMENT REVIEW
City will, upon reasonable advance written notice, make available for inspection to the
District all records, books and other documents relating to the Project that are in the
possession of the City.
9. TERM
(a) The term of this Agreement commences on the date first written above and shall
continue until construction close -out of the Project and all payments of Eligible
Costs are made by the District, unless earlier terminated as provided in Section 3
or subsection 9(b) of this Agreement.
(b) This Agreement may be terminated for cause by either Party for failure to comply
with any terms and conditions of this Agreement, provided, however, that the
Party in breach shall have twenty (20) calendar days or such period as the
Parties may otherwise agree in writing to cure such breach following written
notification. In the event of termination of this Agreement, the Meritage Homes
Construction Contract shall be deemed to have been assigned to and assumed
by District, the Meritage Homes Construction Contract shall become a direct
contract between District and Meritage Homes, and District shall indemnify,
defend and hold City and City's council members, officers, employees,
volunteers and agents from and against any and all claims, actions, liabilities,
damages, losses, or expenses, including attorneys' fees, arising from District's
breach of its obligations under the Meritage Homes Construction Contract.
10. NOTICE
Any notice given under this Agreement shall be in writing and delivered by personal
delivery or by United States mail depository, first class postage prepaid and addressed
to the Party for whom intended.
(a) If to District:
Hossein Ashktorab, Water Use Efficiency Unit Manager
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
If to City:
Rick Smelser, Director of Public Works /City Engineer
City of Gilroy
7351 Rossana Street
Gilroy, CA 95020
Any Party may change such address by notice given to the other Party as provided
herein.
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11. MISCELLANEOUS TERMS
(a) This Agreement embodies the entire understanding between the Parties
pertaining to the subject matter contained in it; supersedes any and all prior
negotiations, correspondence, understandings, or Agreements of the Parties;
and may be waived, altered, amended, modified, or repealed, in whole or in part,
only on the written consent of both Parties to this Agreement.
(b) No failure or delay on the part of either Party in exercising any right, power, or
remedy hereunder shall operate as a waiver thereof; nor shall any single or
partial exercise of any such right, power, or remedy preclude any other or further
exercise thereof or the exercise of any other right, power, or remedy hereunder.
(c) This Agreement shall be binding on and enforceable by and against the Parties
to it and their respective heirs, legal representatives, successor governmental
entities, and permitted assigns, except that neither this Agreement nor the duties
or obligations under this Agreement may be assigned by a Party without the prior
written consent of the other Party (which consent may be withheld by a Party in
its sole and absolute discretion).
(d) Each individual executing this Agreement on behalf of their respective entity
represents and warrants that (i) the individual is duly authorized to execute and
deliver this Agreement on behalf of that entity; (ii) this Agreement is valid and
binding on that entity and enforceable against that entity in accordance with its
terms; and (iii) that entity is duly organized, validly existing, and in good standing
under the laws of its jurisdiction.
(e) This Agreement shall be governed by and construed in accordance with the laws
of the State of California without giving effect to any conflict of law provisions
thereof.
(f) The federal and state courts within County of Santa Clara, California shall have
exclusive jurisdiction to adjudicate any dispute arising out of or related to this
Agreement. Each Party expressly consents to the personal jurisdiction of and
venue in such courts.
(g) Each Party was represented by legal counsel in the preparation of this
Agreement. Therefore, any rule of construction to the effect that ambiguities are
to be resolved against the drafting Party shall not apply in interpreting this
Agreement.
(h) This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the
same instrument.
(i) All provisions of this Agreement are separate and divisible, and if any part is held
invalid, the remaining provisions shall continue in full force and effect.
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IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date
first set forth above.
APPROVED AS TO FORM:
Anthony T. Icher
Sr. Assistant District Counsel
APPROVED AS TO FORM:
4 - ix- ( (,
Linda A. Callon
City Attorney
ATTEST:
Freels, Cri✓y Clerk
EXHIBIT "A ": Recycled Water System Map
EXHIBIT "B ": Project Cost Estimate
EXHIBIT "C ": Property Improvement Agreement
EXHIBIT "D ": Insurance Requirements
SANTA CLARA VALLEY WATER DISTRICT
Beau Goldie
Chief Executive Officer
CITY OF GILROY
Thomas J. Haglund
City Administrator
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EXHIBIT "A"
Recycled Water System Map
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POSSIBLE LOCATION
ECYCLED WATER EXl
GILROY GARDENS
GILRI
1 L
GILROYGOLF• 'y,��Y,` \ j POINT OF CONNECTION
COURSE., TO EXISTING sys7En+�
EAGLE RIDGE
GOLF COURSE �--- -"
RECYCLED WATER PHASING
ANTICIPATED RECLAIMED WATER PHASING
HECKER PASS SPECIFIC PLAN
PHASE I (2014/2015)
®
8,021 LF f 24'• ID, 660 LF t 12" ID
GILROY, CALIFORNIA
PHASE 2 (2016 /2017 APPROX.)
AUGUST 26, 2014
550 LF f
PHASE 3 (2018/2020 APPROX.)
5,950 LF t
NOTE: ACTUAL YEARS OF CONSTRUCTION ARE DEPENDENT ON ECONOMIC FACTORS,
0 250 500 150 RUGGERI- JENSEN -AZAR
SCALE IN FEET: 1 "= 250' '
8055 CAMINO ARROYO GILROY, CA 95020
PHONE: (408) 848 -0300 FAX: (40B) 848 -0302
2 FOR
ISION.
EXHIBIT "B"
Project Cost Estimate
Item
No.
Item
Quantity
Unit
Unit Price
Total Price
1
Development Pipeline:
24" HDPE Upsized
8,681
LF
$ 391.32
$ 3,397,047
24" HDPE Santa Teresa
Extension
550
LF
$ 331.00
$ 181,947
2
Developer Responsibility per PIA:
12" DIP
8,681
LF
$ 104.00
$ 902,727
Total Eligible Cost
$ 2,676,267
Project Contingency (15 %)
$ 401,440
EXHIBIT "C"
Property Improvement Agreement
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 22620785 Pages: 24
Fees.... 94.00
Taxes...
Copies..
AMT PAID 94.00
REGINA ALCOMENDRAS RDE # 006
SANTA CLARA COUNTY RECORDER 6/13/2014
Recorded at the request of 10:53 AM
Recording Service
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 2014 -01
Hecker Pass (East Cluster2— Tract No. 10220
APNs: 810 -21 -001, 810 -21 -003, and 810 -21 -007
Meritage Homes Corp.
Syngenta Property
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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. 2014 -01
This Property Improvement Agreement ( "Agreement ") is made and entered into this P day of
May, 2014, by and between the City of Gilroy, a municipal corporation, herein called the "City," and
Meritage Homes, 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: Hecker Pass —East Cluster, Tract No 10220 APNs:
810 -21 -001, 810 -21 -003, and 810 -21 -007, 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 Tract No. 10220 Hecker Pass — East Cluster.
WHEREAS, the Developer is the beneficial owner of the property under a contract of sale and
also those properties owned by Syngenta require certain utilities and public works facilities in order to
service the Property under the minimum standards established by the City and,
WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and
Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of
this Agreement and,
WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities
and public service facilities after acceptance by City, and for providing the necessary connecting system,
general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided
that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be
performed by Developer pursuant to this Agreement.
NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the
intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between
the parties as follows:
SECTION 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies 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, Resolutions, Rules and other Regulations and to comply
with the foregoing and all applicable laws.
b. To grant to the City without charge, free and clear of encumbrances, any and all easements and
rights of way in and to the Property necessary for the City in order that its water, electricity, and/or
sewer lines in or to said Property may be extended.
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, all applicable laws and this agreement, and in accordance with the grades, plans, and
specifications approved by the City Engineer. Developer shall furnish two good and sufficient
bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of
which shall be secured from a surety company admitted to do business in California. Each bond
shall set forth a time period for performance by the contractor of its obligations and the terms and
conditions on which the City may obtain the proceeds of the bond.
The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of
the total estimated amount payable for the improvements described in this Agreement, and shall
secure payment to City and the Developer of any loss due to the default of the contractor or its
inability or refusal to perform its contract. The performance bond shall by its terms remain in full
force and effect for a period of not less than one year after completion of the improvements by
Developer and acceptance of the improvements by City, to guarantee the repair and replacement of
defective material and faulty workmanship. Upon completion of the improvements by Developer
and acceptance of the improvements by City, Developer may substitute for the performance bond
securing maintenance described above, a separate maintenance bond issued by an admitted surety in
the amount of ten percent (10 %) 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.
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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
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
-4-
3 -25 -14
,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 20 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
That the following general stipulations shall be completed subject to the approval of the Public
Works Director /City Engineer.
In accordance with Tentative Map 13 -02 approval, condition 15, to ensure the creation of the Uvas
Creek Linear Park and Uvas Creek Park Preserve, irrevocable offers of dedication to the city of
Gilroy shall be required and obtained from property owners of land within the Hecker Pass
Specific Plan that lies within the Linear Park or Park Preserve south of Uvas Creek, the parcels
-5-
3 -25 -14
located between Cobblestone Court and Isabella Way and the proposed detention basins which are
to be integrated into the park. Parcels E, D and S as identified on the Final Map are to be
maintained by the CFD. Such dedication shall be made prior to the earlier of (a) prior to or
concurrent with the first discretionary approval for projects for which no map is required; or (b)
prior to or concurrent with final/or parcel map approvals.
2. In accordance with Tentative Map 13 -02 approval, condition 19, the Developer shall dedicate the
3 -acre neighborhood park to the City and the park will be built by the Developer prior to issuance
of a building permit for the 150th residence within the Hecker Pass Special Plan Area.
As a condition of recordation of the Final Map and after City approval of the Final Map, the
Developer shall pay the City $250,000.00, which is the 2nd installment of the Public Benefit Fee.
The 1 st installment funds, in the amount of $50,000 have been paid by the Developer. The 2nd
installment funds will be used by the Developer to design and construct the 3rd Street traffic
calming measures between Isabella Way and Uvas Drive including a roundabout at the intersection
of 3rd Street and Santa Teresa Boulevard.
The $2,000,000 Public Benefit Fee will be deposited into a trust account that will be used to
reimburse the developer via progress payments that reflect the completion of the 3rd Street
improvements and upon receipt of the 3rd installment funds as they become available. The 3rd
installment, in the amount of $1,700,000, is paid with the approval of the next Final Map per the
Development Agreement for the Hecker Pass Specific Plan Area.
At completion of the 3rd Street improvements the Traffic Improvement Fund (TIF) will reimburse
an amount up to $300,000 over the $2,000,000 Public Benefit Fee needed to complete the 3rd
street improvements in accordance with the Section 6.20.
4. The Developer will pay an additional $60,000.00 towards the Village Green traffic calming
improvements that will: widen and install new sidewalk, curb and gutter along 3rd Street between
Santa Teresa and the west side of Isabella Way; install high visibility flashing lights at the 3rd
Street and Isabella Way intersection; improve the pedestrian path to the widened 3rd Street
sidewalk; and, install a horseshoe pit and pathway.
5. Concurrent with construction of the subdivision's backbone utilities will be the construction of a
new recycled water main along Cobblestone Court/EVA (Hecker Pass Road to 3rd Street) and
along 3rd Street from Isabella Way and the new 3rd Street roundabout at Autumn per SCVWD.
SCVWD will reimburse the difference in cost between the constructed recycled water main and
the Master Plan pipe size.
6. The Developer will provide necessary funding for a Class I bike path along the north side of Uvas
Creek between its current western terminus near Isabella Way and the new 3rd Street roundabout.
The Developer will rough grade and install the bike path aggregate base and the City will install
the final paving.
7. The Developer will provide a concrete split -rail fence along the north and south side of the Uvas
Creek Bike Path.
8. In accordance with Tentative Map 13 -02 approval, condition 27, prior to issuance of the 75`h
W
3 -25 -14
residential building permit within the Hecker Pass Special Plan Area, construct the intersection of
Hecker Pass Highway and Autumn Drive together with necessary acceleration and deceleration
lanes along the Highway, travel lanes, turn lanes and a roundabout will be built and operational.
Should State approval of this intersection be delayed, the Developer may use Lone Oak Lane after
issuance of the 75th residential building permit within the Hecker Pass Special Plan Area.
9. In accordance with Tentative Map 13 -02 approval condition 28, prior to issuance of the 150th
residential building permit, the portions of Hecker Pass Highway outside the intersection will be
improved by constructing a Class I bike path constructed concurrently with the Hecker Pass (SR
152) and Autumn Drive round - about. The bike path will be constructed along the south side of the
tree line bordering Hecker Pass Road between the new roundabout at Autumn Drive and the east
side of Parcel B, Parcel Map 858 -M48 (church property). An arborist report will be prepared for
the trees bordering the south side of Hecker Pass Road to establish their condition and to
recommend pruning and maintenance. The arborist report will be prepared concurrent with the
design of the bike. trail. All removed trees will be replaced with 15- gallon minimum sized Cedar
trees at a 4 to I ratio and will be planted along both sides of the bike path as directed by the City
Engineer.
10. The Developer will provide a concrete split -rail fence along the north side of the Hecker Pass Bike
Trail. Developer will also provide agricultural security fencing similar in design to the fencing
currently installed along the north side of the developments' Syngenta property. The location of
the fence along the south side of the trail will require a variance as was required for Syngenta
property agricultural security fencing. Additional screening at the fencing will not be allowed as it
is a view corridor.
11. Prior to issuance of the 250th residential building permit within the Hecker Pass Special Plan Area,
all overhead utilities and poles will be removed along Hecker Pass Road.
12. Locate and properly dispose of any wells or reinstall agricultural wells to nearby agricultural
property, septic tanks and underground fuel storage facilities. NOTE: The capping or reinstallation
of any well will require inspection and/or approval by the Santa Clara Valley Water District.
13. Schedule the construction of improvements along existing public roads so that the work affecting
vehicular traffic is completed with a minimum interruption to traffic.
14. All work within the public right -of -way shall be subject to the approval of the Public Works
Director /City Engineer.
15. Before issuance of any building permit and 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. The all- weather road is subject to the approval of the City
Engineer. Location of the fire hydrants will be determined by the Fire Chief.
16. All work shall be coordinated so that the existing residents on all adjacent streets have access to
their properties.
17. Off -site public improvements shall be installed per the approved Improvement Plans.
-7-
3-25-14
18. Bonding, as required by Section 2.d of this agreement, will be accepted for each of five segments
of the project as follows:
A. $1,300,000 Hecker Pass /Autumn Drive roundabout & bike trail along Hecker Pass,
B. $1,810,000 Santa Teresa/3`d Street roundabout,
C. $8,540,960 Remainder of back -bone infrastructure,
D. $5,966,562 In -Tract improvements,
19. The Developer shall provide to the City of Gilroy electronic files, in a format acceptable to the
City (PDF, DWG format, AutoCAD 2004 maximum) of the final map, tract map and/or parcel
map, improvement plans, and record drawings.
.20. If there are any reimbursements payable to the Developer, they must be specifically identified in
this Agreement. Any such.reimbursements shall be payable to the original Developer named in
this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any
portion of the Property. All reimbursements payable to Developer shall be subject to the City's
reimbursement policies and ordinances in effect from time to time, including without limitation
any expiration dates identified in such policies and ordinances. In addition to any other conditions,
requirements and limitations set forth in the City's reimbursement policies and ordinances from
time to time, (i) in no event shall any reimbursements be payable to Developer if City determines
in its sole and absolute discretion from time to time that there are not sufficient reserves then on
hand in the specific reimbursement fund from which Developer's reimbursement is payable, over
and above any amounts anticipated to be required to be expended from such reimbursement fund,
which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated
expenditures of such reimbursement fund as determined by City from time to time; (ii) City may,
in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly
increments, as determined by City; and (iii) City may defer payments in any given year if projects
deemed by City to be of high importance are determined by City, in its sole and absolute
discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated
by the City for use on such projects of high importance. Reimbursements payable to Developer,
subject to the terms and conditions of this Agreement and the City's reimbursement policies and
ordinances in effect from time to time.
SECTION 7
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOTAL AMOUNT DUE CITY $ 924,778.27 (Minimum, actual amount to be determined)
in
3 -25 -14
CITY OF GILROY
By:
Thom J. Haglund
City dmi strator
Date: 1 �
ATTES'
APPROVED AS TO FORM:
Linda A. Callon, City Attorney
DEVELOPER:
By:
Name: p¢,4 L NT
Title: 7.�.s ►o� 1�ct�S�OE� -ST' KAez%-rAtDC-:
oF' CA-, -z .
Date NAN—% k. ao%y
APPROVAL BY SYNGENTA FLOWERS, INC. a Florida corporation;
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
NOTE: If Developer and/or Owner are 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)]
M
3 -5 -14
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CMS CODE g 1189
State of California
County of
On 20 ( before me.
Date Insert a T the Officer
personally appeared f G�.Yti
Names) of Signer(s)
REBECCA A.GODDARD
Commission * 1995642
Notary Public - California D
Z vim. N Solano County
My Comm. Expires Oct 21.2016
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.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNES my hand I seal.
i
Siqnatu e:
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document f
Title or Type of Document:..__
Document Date:
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
G Individual
I] Partner — Limited General Top'
11 Attorney in Fact
El Trustee
G Guardian or Consery r
7 Other:
Signer Is Representing:
Number
i,nlar-s Name:
Corporate Officer — Title(s):
Individual
❑ Partner — Limped
❑ Attorney in Fact
• Trustee
• Guardian or Conservato
❑ Other:
Signer Is Representing
General Top of thumb here
Conservator
,Lj 2010 National Notary Association • NahonalNotary.org • 1- 800 -US NOTARY (1 -800- 876.6827) gem #5907
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CML CODE § 1188
:rc.rc- c',��.cr.[>r..EC.�c•.t: Cif. �f., ac., �e�d. �cvcccY. c. �c`. crcrc-: cr: C'. crcr. �- rcat`. �rcrc�ccrcr .�c^c-c;M.�- r„- �.`rcrc ��- r�;M,c�C- .rcrcr.�.7^
State of Califomia
County of `�Qrl fQ C i Q r A
A
t
On 'YttY�e_ 5� Z01 'I before me, 1�;[nGirct Nn V(4 Qli(Jiztn/ Pj�
Date Here Insert Name and Title of the Officer'
personally appeared �o M� 5 4L q lA n
Name(s) of Signer(
SAS+ NDRA E NAVA
JACM +Commission IF 1908181 Z
< Notary Public - California z
Z Santa Clara County
M Comm. Expires Now 11, 2014
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the person(sl whose name(4 is/are
subscribed to the within instrument and acknowledged
to me that he /sX/!oy executed the same in
his/be'�rM4 it authorized capacity(iet), and that by
his/tler'/their signature( on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
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: � F 72a�v"ZZ,
OPTIONAL Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: P r- ue t 4-N Z,na r cv e tm P n+ A A-r'ee m P n+ ire S i 3
Document Date:
Number of Pages: I 1
Signer(s) Other Than Named Above: _�x+rrV &r -ant, Scett Val n
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Individual
Partner — Limited General Top of thumb here
Attorney in Fact 1
-! Trustee
Guardian or Conservator
C -' Other:
Signer Is Representing:
I�
Signer's Name:
Corporate Officer — Title(s):
Individual -
Partner — Limited –1 General Top of thumb here
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
® 2010 National Notary Association - NationalNotary.org - 1- 800 -US NOTARY (1 -800- 876 -6627)
i�al
Item x5907
SECRETARY'S CERTIFICATE
MERITAGE HOMES OF CALIFORNIA, INC.
1, C. Timothy White, do hereby certify that I am the duly appointed
Executive Vice President — Secretary and General Counsel of Meritage Homes of California,
Inc., a California corporation (the "Company ").
I also do hereby certify that Bang Grant is the Division President of the Northern
California Division of the Company, and is authorized by and on behalf of the Company to
execute documents necessary or appropriate relating to his position as the Company's
Division President, including, but not limited to, documents, contracts, and agreements for
(i) the sale of completed homes (attached and detached), including deeds, closing
statements, escrow instructions, HUD statements and forms, and related closing documents
and instructions; (ii) the acquisition of real property, including land acquisition contracts,
purchase contracts, option contracts, and related ancillary documents (such as deeds, closing
documents and instructions); (iii) land planning and development, such as easements,
declarations of covenant, conditions and restrictions /condominium declarations, joint
development agreements, development agreements; and (iv) general and other contracts and
agreements with subcontractors, vendors, service providers, and other third parties in the
ordinary course of business.
Dated: January 31, 2014
Name: C. Timothy White
Title: Executive Vice President —
Secretary and General Counsel
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
The foregoing Certificate was acknowledged before me this 3151 day of January,
2014, by C. Timothy White, Executive Vice President — Secretary and General Counsel of
Meritagc Homcs of California, a California corporation, on behalf thereof.
TERI IONZLE
Notary Public •Arizona
Maricopa County
• My Comm Expires Jul 22.2017
N Public
o Vc } J
CITY OF GILROY
IM
Thomas J. Haglund
City Administrator
Date:
ATTEST:
Shawn Freels, City Clerk
APPROVED AS TO FORM:
DEVELOPER:
By:
Name:
Title:
Date
Linda A. Callon, City Attorney
APPROVAL SYNGE1>TtA4 FLOWERS, INC. a Florida corporation;
By: /
Name: ��-{f " of I •, �J n
Title:
Date:
By:
Name:
Title:
Date:
NOTE: If Developer and/or Owner are 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)]
Ma
3 -25 -14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL O.
N .w .w .w .w .w .w .w .w. ,w .w.
State of California orCl
County of ; .n_kA A ALIn 1
On ! cjjOlq before me, 2r,-
Date Here Insert Name and itle of the O er
personally appeared \AU_,n-hr\c)_
Name(s) of Signer(s)
EUMETH F. CARR
Commission * 1948416
Notary Pubak - California =
Santa Clara County
My Comm. Expires Aug 15. 2015..
Place Notary Seal Above
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.
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 ffici seal.
Signature: 0 1A it A
S nature of Notary Public
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 D ume
Title or Type of Document: i Document Date:
Number of Pages: Signers Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — _. Limited C General
❑ Individual _ Attorney in Fact
El Trustee _= Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
[]Partner — - Limited General
❑ Individual _ Attorney in Fact
O Trustee Guardian or Conservator
C] Other:
Signer Is Representing:
0 2013 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
LEGAL DESCRIPTION
FOR
TRACT 10220, HECKER PASS
All that real property situated in the City of Gilroy, County of Santa Clara, State of
California, described as follows:
Being all of "Parcel 2" as shown on the Parcel Map filed April 18, 2014 in Book 871 of
Maps, at Pages 17 through 20, Records of Santa Clara County, California.
Containing 10.909 acres, more or less.
Being all of "Parcel 2" as shown on the Parcel Map filed April 18, 2014 in Book 871 of
Maps, at Pages 21 and 22, Records of Santa Clara County, California.
Containing 13.529 acres, more or less.
Being a portion of "Parcel A" as shown on the Parcel Map filed July 13, 1973 in Book
326 of Maps, at Page 35, Records of Santa Clara County, California, more particularly
described as follows:
Commencing at a point in the centerline of Hecker Pass Highway, said point being the
northeasterly comer of said "Parcel A"; thence along the east line of said "Parcel A ",
S00 007'31 "W, a distance of 869.45 feet to the Point of Beginning; thence continuing
along said east line, S00 °07'31 "W, a distance of 1,048.75 feet; thence leaving said
east line, S42 °06'1 T W, a distance of 166.35 feet; thence N76 034'58 "W, a distance of
407.32 feet; thence N60 040'48 "W, a distance of 195.37 feet; thence N2501 0'02"W, a
distance of 301.88 feet to the west line of said "Parcel A "; thence along said west line,
N00 °16'09 "W, a distance of 669.13 feet; thence leaving said west line, S89 °52'39 "E, a
distance of 703.81 feet to the beginning of a non tangent curve to the left, of which the
radius point lies N00 °07'31 "E, a radial distance of 57.00 feet; thence easterly along
said curve, through a central angle of 23 015'23 ", a distance of 23.14 feet; thence
N66 °52'08 "E, a distance of 93.06 feet to the Point of Beginning.
Containing 18.939 acres, more or less
END OF DESCRIPTION.
ENCOMPASS NO: E1
DATE:
NUMBER
ENGINEERING DIVISION
PROJECT LOCATION:
COST ESTIMATE
PARCEL NUMBER:
EFFECTIVE 7/1/2013
OW NER/DEVELOPER:
MAILING ADDRESS:
TELEPHONE NO:
294W --14
PREPARED BY:
Received 01/3012014
Account No.
Key Code
100- 2601-0000 -3625
4904
100 - 26014)000 -3605
4702
420- 2600-0000- 3660
4501
432- 2600-0000 -3660
3301
433- 2600-0000 -3660
4905
435- 2600 -0000 -3660
4509
436- 2600-0000 - 3660
4510
440- 2600 -0000- 3660
4515
720. 0433-0000 - 3620
2202
80 1-2601 -PW DO-3899
4703
801- 2601 -PWDO -3899
4703
5162014 11:40 AM
CITY OF GILROY
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
EFFECTIVE 7/1/2013
Revised:
Revision Number.
294W --14
Revision By.
Received 01/3012014
South of Hecker Pasn Htlgl miy and Wind of Third Street
810- 20-001, -003, -007
M adbW domes
19M End Moats Vide Avenue, Sept± 214
VacrAW CA 95687
MM 358-2G17
Claudia Moran - Garde !Jim Wood
Fee: Credits:
Amount Due: Account Description Paid on Invoice #
$15.930.00
$15.930.00 Special Public Works Sery
$1,270,601.76 $506,975:00
$763.626.76 Eng Plan Check 8 Insp
$38.434.68
$38,434.68 Storm Development Fee
$11.890.00
$11,890.00 Str Tree Development Fee
DEFERED TO
$1,503,624.00
FINAL Traffic Impact Fee
DEFERED TO
$1,075.452.00
FINAL Sewer Development Fee
DEFERED TO
$323.082.00
FINAL Water Development Fee
DEFERED TO
$2,636,550.00
FINAL Public Facility Fee
$94,896.83
$94,896.83 Const Water Use Fee
$0.00
$0.00 Reimbursements
$0.00
$0.00 Other Reimbursements
Total
$924,778.27
Payment Bond Amount for all improvements $15,807,522
Pa, Performance Bond Amount for all improvements $15,807,522
Performance Bond $15.807,522
G: \COMDEVIENGINEERING \DEVELOPMENT PROJECTS \FEES1Project Cart ScheduleMTract 10220 Hecker Pass East Cluster 1 Page 1
ENCOMPASS NO:
DATE:
NUMBER:
PROJECT LOCATION:
PARCEL NUMBER:
OWNERIDEVELOPER:
MAILING ADDRESS:
TELEPHONE NO:
PREPARED BY:
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED
E1
Itecerve0 07Ff. WZ0114
South of Hecker Pass Highway and West of Third Street
810 - 20-001, -003..007
Merhage Homes
1671 East Monte Vista Avenue, Suite 214, Vacaville, CA 95687
(707) 359 -2017
Claudia Moran - Garcia 1 Jim Maestri
5/6/•1014 11:40 AM
FINAL ENGINEERING
COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK ? r N I INCENTIVE AGREEMENT ONLY? FN
IDEFER PUBLIC FACILITY FEE? TO PERMIT? [ N 1 TO FINAL 2 VJ
DEFER SEWER, WATER, TRAFFIC FEES 7 TO PERMIT? N 1 TO FINAL? Y
I I
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: Sa Ft:
Residential -Low 7 I 0.0001 0 0'
Residential-High 7 43:380 21.2 186':
Commercial -Low ? 0.000 0 0
Commercial -High 7 0.000 6 0
Industrial - General 7 0:000 01 0
Industrial- Warehouse 7 0.000 01 0
Assembly Hall? 0.000 :61111 61
Common Area? _ 0:0001 0
Commercial /IndustrialAllocations: SewerGPD: WatterrG-P�D:
t�0J I u'
Reimbursements and credits:
Front FootagelSquare Footage Charges and Construction Water
Street Tree FF: Water FF: Saw FF: Storm FF: Const Water Acres to be Developed:
29;000.01 0.0 04 , 0.0, 43:380
Pavement SF: Median SF: Slda allt SF: Curb/Gutter FF: Construction Water FF:
0.0 (— 0.0! 0:0; 0:0; 26;990.0
SPECIAL PUBLIC WORKS SERVICES 100 - 2601. 0000-3625 $15,930.00
Maps:
Final Map $3,210.00 + $60.00 / lot n $15,930.00 Fee ID NO- FINALM
Parcel Map $1,875.00 + $60.00 lot C $0,00 Fee ID NO- PARCELM
Reassessment Map (Assessment District Parcels)
$1,270.00 + $2500 / lot = $0.00 Fee ID N- ASSESM
Administration Fees:
Scanning Fee (For Improvement Plans, multiply # of sheets by 2 - scanning to be done at the beginning and and of the project)
F 0. # of Sheets for Map and $9.00 1 sheet ET� $0.00 Fee ID NO -SCAN
Improvement Plans
(Cost Schedules, Agreements, R/W Reviews and Other Misc. Services)
F 0. hr Misc Services $180.00 / hr
Special Staff Analysis
6, hr Special Analysis
$470.00 / hr
L Y $0.00 Fee ID N-MISC
N 1 $0.00
G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \FEES\Project Cost Schedules \Tract 10220 Hecker Pass East Cluster 1 Page 2
ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 -0000 -3605 COST ESTIMATE $1,270,601.76
5/62014 11:40 AM
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 pnor 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
F7 6 hr Additional Plan Review $470.00 / hr. ; N $0.00 Fee ID NO -GRADINS
Re- Inspection Fee
(-0', hr Re- Inspection $120.00 ! hr. C $0.00 Fee ID NO- GRADINS
Inspections outside of normal business hours
F a hrinspection $430.00 +
(Based on total cost of Improvements)
Estimated Cost of Improvements
12% $0
10% $100,000
8% over
Payment Band Amount for all improvements
Performance Bond Amount for all improvements
IMPACT FEES
Storm Drain Impact Fee
a.Residential-Low
b.Residential-High
c.Commercial
d. Industrial
eAssembly Hall
Street Tree Fee
a.City Planting and Replacement
$3.06 / f.f. x
Wrispection and Replacement
$0.41 / ff. x
Traffic Impact Fee
a.Residential -Low
b.Residenbai -High
c.Commercial -Low Traffic
(< 10.75 trips/1000 sf)
d.Commercial -High Traffic
(— 10.75 trips/1000 sf)
e.lndusfial- General
L Industrial- Warehouse
$145.00
1 hr. after3hrs CI $0.00
Fee ID NO- GRADINS
COST ACTUAL
ESTIMATE COST
DIFFERENCE
($1,270,601.76)
$15,807,522 $0
Fee ID NO- PCKINSP
$100,0001 Y 1 $12,000.00 ( Y 1 $0.00
$200,000 $10,000.00 n $0.00
$200,000 $1,246,601.76 n $0.00
$15,807,522
$15,807,522
420 -2600 -00003660
$38,434.68
$564.00
/ acre = $0.00
Fee ID NOSD-LD
$886.00
/ acre n $38,434.68
Fee ID ND-SD-HD
$1,528.00
! acre $0.00
Fee ID NOSD -C
$1,128.00
/ acre = $0.00
Fee ID NOSD4
$564.00
/ acre [ 71 $0.00
Fee ID NOSD-AH
432 - 2600.0000 -3660
$11,890,00
=' 0.0 = $0000
Fee ID NO- TREEPLT
= 29,000.0 = $11,890.00
Fee ID NO- TREEINS
433-260040003660
DEFERRED TO FINAL
$9,973.00
/ unit = $0.00
Fee 1D N6- TRAF -AL
$8.084.00
/ unit �YY $1,503,624.00
Fee ID N7- TRAF -AH
$11,034.00
/ k.s.f. = $0.00
Fee ID N3- TRAF -CL
$22,289.00
1 k.s.f. n $0.00
Fee ID N3- TRAF -CH
$4,373.00
/ k.s.f. y $0.00
Fee ID N4- TRAF4G
$3,169.00
1 k.s.f rY j $0.00
Fee ID N4- TRAF -IW
G:\ COMDE\I\ENGINEERING\DEVELOPMENT PROJECTS \FEES\Project Cost Schedules \Tract 10220 Hecker Pass East Cluster 1 Page 3
5/62014 11:40 AM
Sewer Impact Fee
435 - 2600-0000 -3660
DEFERRED TO FINAL
a.Residentiai -Low
$10,686.00 ! unit [ Yj $0.00
Fee ID N6 -SS-AL
b.Residential -High
$5,782.00 I unit � $1,075,452.00
Fee ID N7SSAH
c.CommerciaVlndustrial
$3,382.00 / cgpd l '- r $0.00
Fee ID N5 -SS-CA
Water Impact Fee
436- 2600-0000 -3660
DEFERRED TO FINAL
a.Residentlal -Low
$4,294.00 1 unit I -_Y] $0.00
Fee ID N6- WATR -AL
b.Residential -High
$1,737.00 / unit L'Y� $323,082.00
Fee ID N7- WATR -AH
C.CCmmerciallindustral
$6,731.00 / kgpd CI $0.00
Fee ID N5- WTR -C/I
Public Facilities impact Fee
440 - 2600-00003660
DEFERRED TO FINAL
a.Residentiat -Low
$16,848.00 1 unit [ Y� $0.00
Fee ID N6 -PF-AL
b.Residential -High
$14,175.00 / unit n $2,836,550.00
Fee ID N7 -PF-AH
C.Commercial
$2,53800 / k.s.f. n $0.00
Fee ID N3-PF-C
d.lndushial
$1,123.00 / k,s.f. n $0.00
Fee ID N4-PF4
Water User Fee (Construction)
720 -0433 -0000 -3620
n $94,896.83
$3.00 / ff $86,970.00
Fee ID NO- CONWTFF
plus
$182.73 / a.c. $7,926.83
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
saes 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 developers minimum
responsibility for each
main.
Water
801 - 2601 -PWDO -3899
$0.00
Water Mains - including fire hydrants, valves, valve boxes and other pertinences.
Developer responsibility is up to and including 12' mains
Half Pipe
Lineal Footaoe
6 inch Main $39.00 / LF x
)I = $0.00
Fee ID N- WR06 -1/2
8 inch Main $41.00 / LF x
00; = $0.00
Fee ID N- WROS -1/2
10 inch Main $47.00 / LF x
N O.oI = $0.00
Fee ID N- WR10 -1/2
12 inch Main $52.00 / LF x
N 0. 11 = $0.00
Fee ID N- WR12 -1/2
14 Inch Mein $57.00 / LF x
N 0.0, = $0.00
Fee ID N- WR14 -1/2
16 inch Main $62.00 / LF x
0 0 = $0.00
Fee ID N- WR16 -1/2
18 inch Main $68.00 1 LF x
N &0I = $0.00
Fee ID N- WR18 -1/2
20 inch Main $76.00 / LF x
N 11:01 = $0.00
Fee ID N- WR18 -1/2
24 inch Main $8200 / LF x
I N 0:0; = $0.00
Fee ID N- WR24 -1/2
30 inch Main $91.00 / LF x
L N 601 = $0.00
Fee ID N- WR30 -1/2
36 inch Main $106.00 / LF x
L -0 ,0 = $0.00
Fee ID N- WR36 -1/2
G: \COMDEV\ENGINEERING\DEVELOPMENT PROJECTS \FEES \Project Cost Schedules\Tract 10220 Hecker Pass East Cluster 1 Page 4
Front Foot Charges Continued
(Used to charge and reimburse fees for existing infrastructure)
Sewer
801- 2601 -PWDO -3899
Sewer Mains - Including manhole and other pertinences.
Developer responsibility is up to and including 12'
mains.
Half Pipe
Lineal Footage
6 inch Main
$73.00
/ LF x
f';-
N 0.0, _
$0.00
Fee ID NSS06 -1/2
8 inch Main
$75.00
/ LF x
:N 0A
$0.00
Fee ID NSS08 -1/2
10 inch Main
$81.00
/ LF x
(N Ot0
$0.00
Fee ID NSS10 -1/2
12 inch Main
$83.00
1 LF x
_d;0 =
$0.00
Fee ID NSS12 -1/2
15 inch Man
$87.00
/ LF x
N: _._D.0
$0.00
Fee ID NSS15 12
18 Inch Main
$93.00
/ LF x
[ N io;- =
$0.00
Fee ID NSS18 -1/2
21 inch Main
$102.00
/ LF x
N p p _
$0.00
Fee ID NSS21 -1/2
24 inch Main
$106.00
/ LF x
N _ O 0 _
$0.00
Fee ID NSS24 -12
27 inch Main
$122.00
/ LF x
N' 0 ".0 -
$0.00
Fee ID NSS27 -12
30 inch Main
$144.00
/ LF x
N =
$0.00
Fee ID NSS30 -12
33 Inch Main
$158.00
/ LF x
N :0.:0 =
$0.00
Fee fD NSS33 -12
36 Inch Main
$17800
/ LF x
[ N, .00O -
$0.00
Fee 'ID NSS36 -12
39 Inch Main
$212.00
/ LF x
N' 0
$0.00
Fee ID NSS39 -12
42 inch Main
$265.00
/ LF x
N: OA -
$0.00
Fee ID NSS42 -12
S~ improvements
801- 26014'INDO -NIN
Pavement. Sidewalks & Medians
AC/Bke path: base
$2.55
! SF x
I N 841 =
$0.00
Fee ID NSTR -ACB
AC/Bike path: pvmt
$2.50
/ SF x
N O p =
$0.00
Fee ID NSTR -ACP
Sidewalk: new
$9.75
1 SF x
N 0.0 =
$0.00
Fee ID NSTRS/W
Sidewalk: replace
$13.25
/ SF x
N „p: _
$0.00
Fee ID NSTRSJWR
Resurfacing
$2.55
/ SF x
N 0.0' _
$0.00
Fee ID NSTR -RESU
Landscaped Median
$2025
/ SF x
I N 0.0; =
$0.00
Fee ID NSTR -LANM
Hardscaped Median
$11..63
/ SF x
.N 0.0: =
$0.00
Fee ID NSTR-HARD
Traffic Signals (eguioment only
X of Lmn Sum
Traffic Signal -3 leg
$130,200.00
/ LS x
iV 0 %; =
$0.00
Fee ID NSTR TS3L
Traffic Signal -4 leg
$158,500.00
/ LS x
'N
$0.00
Fee ID NSTR -7S4L
Curb and Gutter
Curb(Gutter. new
$25.85
/ LF x
N E
$0.00
Fee ID NSTR -C/G
Curb/Gutter.. replace
$33.40
/ LF x
N Ot0 -
$0.00
Fee ID NSTR -C/GR
Curb Ramps
$1,057.63
/ LF x
N , , A•9 =
$0.00
Fee ID N-M-CR
5/6/2014 11:40 AM
$0.00
$0.00
G:\COMDEV\ENGINEERING \DEVELOPMENT PROJECTSTEES \Project Cost Schedules \Tract 10220 Hecker Pass East Cluster 1 Pate 5
516/2C14 11 40 AM
Front Foot Charges Continued
(USW to charge and reimburse tees for existing mfras:ructure;
Sto m Drain
801.26C'- PN.DC -3899
S0.00
Storm Mans - naudng manholes, Catch basins and other pertinences
Developer responsibility is up to
and nctuding 24' mains
Half Pipe
-heal FootaOe
18 ncn
Main
$63, DO
' LF x
N
0.0 -
$0.00
Fee 10 N- SO18.112
21 rich
Main
$6900
/ LF x
N
0.0 =
SO 00
Fee ID NS021.1/2
24 inch
Mam
$70.00
/ LF x
N
0.0 =
50.00
Fee ID NS024 -112
27 itch
Man
$8200
/ LF x
N
0.0 -
S0.00
Fee ID NSO27 -1/2
30 inc..
Mam
S89.00
/ LF a
N
0.0 =
50.00
Fee 10 NS030 -112
33 inch
Man
$gt 00
/ LF x
N
0.0 -
$0 DO
Fee ID NSO33.112
36 inch
Man
595.00
I LF x
N
0.0 •
50.00
Fee ID N- SD36.112
42 not`
Maw
$99.00
/ LF x
N
0.0 -
$0.00
Fes ID "D42 -1/2
48 mcr
Man
5117 00
LF x
N
0.0 -
$0.00
Fee ID NSO48 -112
54 nct+
Man
$13700
LF it
N
0.0 =
$0.00
Fee 10 NS054 -1 /2
60 inch
Marr
$15800
LF x
N
0.0 •
$0.00
Fee ID NSD60.112
66 inch
Man
517900
1 LF x
N
0.0 •
50.00
Fee 10 NSD66.112
72 Mn
Mam
$20000
/ LF x
N
0.0 -
$000
Fee 10 NSD72.1/2
78 inch
Wir
$216.00
/ LF x
N
0.0 -
$0.00
Fee 10 NSO70 -12
84 rich
Mam
5231.00
1 LF x
N
00 -
$000
Fee ID NSD84 -1/2
90 rich
Mum
$246M
/ LF x
N
0.0 -
s3 00
Fee ID NS090 -12
96 inch
Main
S26100
/ LF x
N
0.0 =
S000
Fee ID NSOW12
NOTE. API deferred and/or estimated fees will lea adjusted t0 the rates in ellsct at the time beg are paid
The undersigned agrees to provide actual Construction costs for recalculation of fees and pay any underestimated
less prior to final acceptance ( the recalculated fees are less than the estimate the City of Gilroy will refund the deference
Add4ional plan review required by Cnange& addiLOns or Wellipns to approved plans reinipeCtions and inspections Outside
Of normal business hours will be billed as shown r the City of GYroys most currem comprehensrve fee chedule at the nounv rates
in fill at the time of napection Accepted
Print Name: V? .WhQ 0 `LIZ P:I ta(.0
Date: All ^ (fill
Ale Md by. e ` (L
111" News .�L . t VC3 C.'%Al. r1
Date S �t I Z o r-Y
G iCOMDEV.ENGINEERINGIOEVELOPMENT PROJECTSiFEMDrojeot Cott Schodulai lTract 10220 Hecker Pass East Custer 1 Pape B
Front Foot Charges Continued
(Used to charge and reimburse fees for existing infrastructure)
Storm Drain
801- 26014VMO -3899
Storm Mains - including manholes, catch basins
and other peMnences.
Developer responsibility is up to and including 24' mains.
Half Pipe
Lineal Footage
18 inch
Maui
$63.00
/ LF x
N &0 =
$0.00
Fee ID NSD18.1/2
21 Inch
Main
$69.00
/ LF x
N 0.0 =
$0.00
Fee ID NSD21 -1/2
24 Inch
Main
$70.00
/ LF x
N 0.0 =
$0.00
Fee ID NSD24 -1/2
27 inch
Main
$82.00
1 LF x
N 0.0 =
$0.00
Fee ID NSD27 -1/2
30 inch
Main
$89.00
/ LF x
N 0.0 =
$0.00
Fee ID NSD30 -1/2
33 inch
Main
$91.00
/ LF x
N OA =
$0.00
Fee ID NSD33 -1/2
36 inch
Main
$95.00
/ LF x
i a a _
$0.00
Fee ID NSO36 -1/2
42 inch
Main
$99.00
1 LF x
_
$0.00
Fee ID NSD42 -1/2
48 inch
Main
$117.00
/ LF x
r1P =
WOO
Fee ID NSD48 -112
54 inch
Main
$137.00
/ LF x
14 =
$0.00
Fee ID NSD54 -1/2
60 inch
Main
$158.00
/ LF x
=
$0.00
Fee ID NSD60-1/2
66 inch
Main
$179.00
/ LF x
" _
$0.00
Fee ID WSD66.1/2
72 inch
Main
$200.00
/ LF x
N 0.0 =
$0.00
Fee ID NSD72 -1/2
78 inch
Main
$216.00
/ LF x
N8 =
$0.00
Fee ID NSD78 -1/2
84 inch
Main
$231.00
1 LF x
N _
$0.00
Fee ID NSD84 -1/2
90 inch
Main
$246.00
/ LF x
N =
$0.00
Fee 10 NSD90 -1/2
96 inch
Main
$261.00
/ LF x
N 0.0 -
$0.00
Fee ID NSD96 -1/2
SWO14 11:40 AM
$0.00
NOTE: All deferred and/or estimated fees wig be adjusted to the rates in e8ect at the time fees are paid
The undersigned agrees to provide actual construction ousts 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 Giboy w0 refund the difference.
Additional plan review required by changes, additions or revisions to approved plans, minspections and inspections outside
of normal business hours will be billed as shown in the City of Gilroy's most current comprehensive fee ule at the hourly rates
in effect at the time of inspection.
Accepted by:
Print Name: v - v� WhQ ?L,*OA r4, to (.
M+E'� Y� l'►to E �'4'o�t =3
Date: KA ^°-k Lv4 0 7-.C> 16 L4
Accepted by:
Print Name:
Date:
G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS\FEES\Project Cost Schedules \Tract 10220 Hecker Pass East Cluster 1 Page 6
5WO14 11:40 AM
OVERSIZING SCHEDULE
(Used to reimburse oversized intastruelure)
Total Oversized Water, Sevver and Storm Drain Main Reimbursement
S0,00
Total Oversized Water Main
Reimbursement
(Developer is responsible for up to and Bxiudirg 12" mains)
$0.00
Oversized
Minimum 12" main
Oversized
Full Pipe $!foot
Full Pipe $!foot
Ovwstmd.Footw Reimbursement
14 Inch
Main
$114.00
$104.00
x I 00 = $0.001
16 inch
Main
$124.00
- $104.00
x (- 0.0 = $0.00 r"7
18 inch
Main
$135.00
- $104.00
x $0.00 0j = $0.00
20 inch
Main
$151.00
$104.00
x 0.0 $0.00
24 inch
Main
$164.00
$104.00
x 0.0 = $0.00 -NN
30 inch
Main
$182.00
- $104.00
x 0.0 = $0.D0 �N j
36 Inch
Main
$211.00
- $104.00
x 0.0 = $0.00 n
Total Oversized Sewer Main
Reimbunwmeat
(Developer Is responsible for up to and lndudmg 12" mains)
$0,00
Oversized
Minimum 12" main
oversized
Full Pipe $/foot
Full Pipe $/foot
Oversized Footage Reimbursement
15 inch
Main
$174.00
- $166.00
x I 0.01 = $0.00 I N
18 inch
Main
$186.00
- $166.00
x 0.0 = $0.00 n
21 inch
Main
$204.00
- $166.00
x ( p = $p,00
24 inch
Main
$211.00
- $166.00
x _ 0.0 = $0.00 n
27 inch
Main
$244.00
$166.00
x_ p = $0.00
30 Inch
Main
$287.00
- $166.00
x r 0.07 $0.00 n
33 inch
Main
$315.00
- $166.00
x (- p 50.00 =N
36 inch
Main
$356.00
- $166.00
x F -0:0; _ $0.00 (�
39 inch
Main
$423.00 -
$166.00
x p = $0.00 �N j
42 inch
Main
$529.00 -
$166.00
x p 50.00 n
Total Oversized Stone Drain
Main Reimbmnt
(Developer is responsible for up to aril tluding 24" mains)
$0.00
Oversized
Minimum 24' main
Odd
Full Pipe $Knot
Full Pipe $/foot
Oversized Footage Reimbursarrrerd
27 Inch
Main
$164.00
$140.00
x 1 - 0]01 = $0.00 1 N
30 Inch
Main
$177.00
$140.00
x _ 0:0 $0.00
33 Inch
Mein
$182.00 -
$140.00
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 00. = $0.00 F x +
54 Inch
Main
$273.00
$140.00
x 0.0 = $0.00
60 inch
Main
$315.00
$140.00
x 0.0 = $0.00 n
G: \COMDEVIENGINEERING\DEVELOPMENT PROJECTSWEES\Project Cost Schedules\Tract 10220 Hecker Pass East Cluster. 1: Page 7
SWO14 11:40 AM
Overslzing Schedule Continued (Used to reimburse oversized irrtrastructure)
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 I V O:Oa =
_
$0.00 1 NJ
72 inch
Main
$399.00
$140.00
x F-0-01 .
$0.00 [:N:]
78 inch
Main
$431.00
$140.00
x :0:0 -
$0.00 -N
84 inch
Main
$461.00
$140.00
x d =
$0.00
90 inch
Main
$492.00
$140.00
x p7 =
$0.00 [NJ
96 inch
Main
$522.00
$140.00
x r — 0 =
$0.00 IN
G: \COMDEV\ENGINEERING\DEVELOPMENT PROJECTSTEESTroject Cost Schedules \Tract 10220 Hecker Pass East Cluster 1 Page 6
EXHIBIT "D"
INSURANCE REQUIREMENTS TO BE IMPOSED ON MERITAGE HOMESS AND
CONTRACTOR(S)
Please refer to the insurance requirements listed below.
Without limiting the City's indemnification of, or liability to the District, the City must ensure Meritage
Homess and its contractor(s) ( Meritage Homess and its contractor(s) are collectively referred to
hereafter as the "Insured Parties ") assigned to the Project maintain during the term of this
Agreement, or as may be further required herein, the following insurance coverages and
provisions:
Insured Parties must provide its insurance broker(s) /agent(s) with a copy of these requirements
and warrants that these requirements have been reviewed by Insured Parties' insurance
agent(s) and /or broker(s), who have been instructed by Insured Parties to procure the insurance
coverage required herein.
In addition to certificates, Insured Parties must furnish District with copies of original
endorsements affecting coverage required by this Appendix. The certificates and endorsements
are to be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements and certificates are to be received and approved by District before the
contract commences. In the event of a claim or dispute, District has the right to require Insured
Parties' insurer to provide complete, certified copies of all required pertinent insurance policies,
including endorsements affecting the coverage required by this Appendix.
Insured Parties must, at its sole cost and expense, procure and maintain during the entire
period of this Agreement the following insurance coverage(s).
Required Coverages
1. Commercial General /Business Liability Insurance with coverage as indicated:
$10,000,000 per occurrence / $10,000,000 aggregate limits for bodily injury and property
damage
$10,000,000 Products /Completed Operations aggregate (to be maintained for at least
three (3) years following acceptance of the work by District.
General Liability insurance must include:
a. Coverage at least as broad as found in standard ISO form CG 00 01.
b. Premises and Operations
c. Contractual Liability expressly including liability assumed under this contract.
d. If Insured Parties will be working within fifty (50) feet of a railroad or light rail
operation, any exclusion as to performance of operations within the vicinity of any
railroad bridge, trestle, track, roadbed, tunnel, overpass, underpass, or crossway
must be deleted, or a railroad protective policy in the above amounts provided.
e. Owners and Contractors' Protective liability
f. Severability of Interest
g. Explosion, Collapse and Underground Hazards, (X,C, and U)
h. Broad Form Property Damage liability
i. If the standard ISO Form wording for "OTHER INSURANCE," or other comparable
wording, is not contained in Insured Parties' liability insurance policy, an
endorsement must be provided that said insurance will be primary insurance and any
insurance or self- insurance maintained by District, its Directors, officers, employees,
agents or volunteers will be in excess of Consultant's insurance and will not
contribute to it.
2. Business Auto Liability Insurance with coverage as indicated:
$2,000,000 combined single limit for bodily injury and property damage per occurrence,
covering all owned, non -owned and hired vehicles.
3. Professional /Errors and Omissions Liability with coverage as indicated:
$5,000,000 per claim/ $5,000,000 aggregate
Professional /Errors and Omission Liability appropriate to the Consultant's profession,
and must include:
A. If coverage contains a deductible, or self- insured retention, it shall not be greater
than one hundred thousand dollars ($100,000) per occurrence /event.
B. Coverage shall include contractual liability
C. If coverage is claims -made:
a. Certificate of Insurance shall clearly state that the coverage is claims -made
b. Policy retroactive date must coincide with or precede the Consultant's start of
work (including subsequent policies purchased as renewals or replacements).
c. Policy must allow for reporting of circumstances or incidents that might give
rise to future claims.
d. Insurance must be maintained and evidence of insurance must be provided
for at least three (3) years after completion of the contract of work.
4. Workers' Compensation and Employer's Liability Insurance
Statutory California Workers' Compensation coverage covering all work to be performed
for the District.
Employer Liability coverage for not less than $1,000,000 per occurrence.
5. Surety Bonds
Insured Parties shall provide the following Surety Bonds:
1. A bid bond.
2. A performance bond.
3. A payment bond.
General Requirements
With respect to all coverages noted above, the following additional requirements apply:
Additional Insured Endorsement(s) Insured Parties must provide an additional insured
endorsement for Commercial General /Business Liability and Business Automobile
liability coverage naming the Santa Clara Valley Water District, its Directors, officers,
employees, and agents, individually and collectively, as additional insureds, and
must provide covereage for acts, omissions, etc. arising out of the named insureds'
activities and work. Other public entities may also be added to the additional insured
endorsement as applicable and the Insured Parties will be notified of such
requirement(s) by the District.
(NOTE: Additional insured language on the Certificate of Insurance is NOT acceptable
without a separate endorsement such as Form CG 20 10, CG 2033, CG 2037. Note:
Editions dated 07/04 are not acceptable)
2. Primacy Clause: Insured Parties' insurance must be primary with respect to any other
insurance which may be carried by the District, its officer, agents and employees, and
the District's coverage must not be called upon to contribute or share in the loss.
3. Cancellation Clause Endorsement: Insured Parties must provide a cancellation
endorsement stating that the insurer agrees to provide 30 days notice of cancellation (10
days notice for non - payment of premium). NOTE: Adding wording to the standard
wording in the ISO Certificate of Insurance is not acceptable.
4. Acceptability of Insurers: All coverages must be issued by companies admitted to conduct
business in the State of California, which hold a current policy holder's alphabetic and
financial size category rating of not less than A- V, according to the current Best's Key
Rating Guide or a company of equal financial stability that is approved by the District's Risk
Management Administrator.
5. Self- Insured Retentions or Deductibles: Any deductibles or self- insured retentions
must be declared to and approved by the District. At the option of the District, either: the
insurer shall reduce or eliminate such deductibles or self- insured retentions as respects
the District, its officers, officials, employees and volunteers; or the Insured Parties shall
provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses
and related investigations, claim administration, and defense expenses.
6. Subcontractors: Should any of the work under this Agreement be sublet, the Insured
Parties must require each of its subcontractors of any tier to carry the aforementioned
coverages, or Insured Partiess may insure subcontractors under its own policies.
7. Amount of Liability not Limited to Amount of Insurance: The insurance procured by
Insured Parties for the benefit of the District must not be deemed to release or limit any
liability of Insured Parties. Damages recoverable by the District for any liability of
Insured Parties must, in any event, not be limited by the amount of the required
insurance coverage.
8. Coverage to be Occurrence Based: All coverage must be occurrence -based
coverage. Claims -made coverage is not allowed.
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9. Waiver of Subrogation: Insured Parties agrees on to waive subrogation against the
District to the extent any loss suffered by Insured Parties is covered by any Commercial
General Liability policy, Automobile policy, Workers' Compensation policy, or Builders'
Risk policy described in Required Coverages above. Insured Parties agree to advise
its broker /agent/insurer about this provision and obtain any endorsements, if needed,
necessary to ensure the insurer agrees.
10. Non - compliance: The District reserves the right to withhold payments to the Insured
Parties in the event of material noncompliance with the insurance requirements outlined
above.
11. Please mail the certificates and endorsements to:
Contract Administrator
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
IMPORTANT: On the certificate of insurance, please note either the name of the
project or the name of the District contact person or unit for the
contract.
If your insurance broker has any questions please advise him /her to call Mr. David Cahen,
District Risk Management Administrator at (408) 265 -2607, extension 2213.