HomeMy WebLinkAboutSCVWD - Recycled Water Pipeline Facilities Expansion for Glen Loma Ranch ProjectSCVWD ENACTED COPY
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AGMT: FILL-
AGREEMENT
BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT
AND THE
CITY OF GILROY
FOR THE
RECYCLED WATER PIPELINE FACILITIES EXPANSION
(GLEN LOMA RANCH 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 vlAter distribution facilities
located in the City of Gilroy, and is made and entered into as p.b 2k 20 S.
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, Glen Loma Corporation, a California corporation and Filice Family Estate,
a California Limited partnership (hereinafter referred to as "Glen Loma /Filice Family Estate ") has
gained City's approval of a proposed residential development project in the City of Gilroy; and
WHEREAS, Glen Loma /Filice Family Estate is required to install a portion of a 16 -inch
inside diameter (16 -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 Glen Loma /Filice Family Estate will be performing
work related to their residential development project; and
WHEREAS, instead of Glen Loma /Filice Family Estate installing said 16 -inch diameter
recycled water pipeline, District desires Glen Loma /Filice Family Estate to install a 30 -inch
inside diameter (30 -inch diameter) recycled water pipeline, and with respect to such work has
requested that City act as a conduit between District and Glen Loma /Filice Family Estate and to
provide administrative services with respect to the work; and
WHEREAS, the City has therefore asked Glen Loma /Filice Family Estate to install a 30-
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 Glen Loma /Filice Family Estate will be performing work related to their residential
development project, subject to the terms and conditions of an Agreement between City and
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Glen Loma /Filice Family Estate to be negotiated and described in this Agreement below as the
Glen Loma /Filice Family Estate Construction Contract.
WHEREAS, the 30 -inch diameter recycled water pipeline work that City has asked Glen
Loma /Filice Family Estate to perform also constitutes a portion of the work that Glen Loma /Filice
Family Estate has agreed to perform pursuant to the terms and requirements of a Property
Improvement Agreement, No. 2014 -02, covering certain real estate and property improvements
known as and called: Glen Loma Ranch APNs: 808 -19 -016, 808 -19 -018, and 808 -19 -019
between City and Glen Loma /Filice Family Estate dated May 5, 2014 and the First Amendment
to this Property Improvement Agreement dated July 1, 2014 (the "PIA").
WHEREAS, Glen Loma /Filice Family Estate has indicated that it desires to install said
30 -inch diameter recycled water pipeline instead of a 16 -inch diameter recycled water pipeline
installation so long as it is reimbursed for the difference in cost for installing the 30 -inch
diameter recycled water pipeline instead of the 16 -inch diameter recycled water, subject to the
terms and conditions of the Glen Loma /Filice Family Estate Construction Contract to be
negotiated; and
WHEREAS, the City desires that the difference in Glen Loma /Filice Family Estate's cost
required to install said 30 -inch diameter recycled water pipeline instead of a 16 -inch diameter
recycled water be reimbursed to Glen Loma /Filice Family Estate by the District, subject to the
terms and conditions of this Agreement and the Glen Loma /Filice Family Estate 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 1,875 linear feet of High Density Polyethelyne
(HDPE) recycled water pipeline as generally shown as Phase 1A 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 Glen
Loma /Filice Family Estate 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 -02 and First Amendment ", incorporated into this
Agreement by this reference, covering certain real estate and property improvements known as
and called Glen Loma Ranch APNs: 808 -19 -016, 808 -19 -018, and 808 -19 -019 between City
and Glen Loma /Filice Family Estate dated May 5, 2014 and the First Amendment to this
Property Improvement Agreement dated July 1, 2014 (the "PIA") but not later than two (2) years
after the effective date of this Agreement ( "Completion Deadline "). Additional expansion of
recycled water will be included in future phases of this residential development and will be
covered by separate agreements.
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2. ESTIMATED COST OF THE PROJECT
Based on engineering estimates, the estimated cost for Glen Loma /Filice Family Estate to
design and construct the Project, which includes design and installation of the increased size of
1,875 linear feet of 30 -inch recycled water pipeline, as Nine Hundred Twelve Thousand Two
Hundred Ninety -Two Dollars ($912,292). Based on engineering estimates, the estimated cost
for Glen Loma /Filice Family Estate to design and construct the original 16 -inch diameter
recycled water pipeline was Two Hundred Thirty -Three Thousand Five Hundred Four Dollars
($233,504). The cost to be reimbursed to Glen Loma /Filice Family Estate by the District is the
difference between the cost of the 1,875 linear feet of 30 -inch recycled water pipeline
($912,292) and the cost to construct the Project per the PIA with installation of a 16 -inch
diameter recycled water pipeline ($233,504). This estimated difference in cost is Six Hundred
Seventy -Eight Thousand Seven Hundred and Eighty -Eight Dollars ($678,788) 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 Glen Loma /Filice Family Estate
exceeds the Eligible Cost. The potential for cost overruns shall be addressed in the Glen
Loma /Filice Family Estate Construction Contract.
3. CONSTRUCTION CONTRACT BETWEEN CITY AND GLEN LOMA/FILICE FAMILY
ESTATE.
City shall use good faith efforts to negotiate and enter into an Agreement with Glen Loma /Filice
Family Estate whereby Glen Loma /Filice Family Estate would construct the Project on a cost
reimbursement basis on terms acceptable to City, subject to this Section 3 below ( "Glen
Loma /Filice Family Estate Construction Contract'). If the City is successful in negotiating the
Glen Loma /Filice Family Estate Construction Contract, the Glen Loma /Filice Family Estate
Construction Contract must be in writing, executed by Glen Loma /Filice Family Estate and City,
and must incorporate and pass through to Glen Loma /Filice Family Estate 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 Glen
Loma /Filice Family Estate that the City has against Glen Loma /Filice Family
Estate, insofar as applicable to the Glen Loma /Filice Family Estate Construction
Contract; and Glen Loma /Filice Family Estate shall have the benefit of all rights,
remedies and redress against the District that Glen Loma /Filice Family Estate
has against the City, insofar as applicable to payment for the construction of the
Project. At City's election, the Glen Loma /Filice Family Estate Contract may
provide that City shall have the right at any time to assign City's rights under the
Glen Loma /Filice Family Estate Contract to District, and thereupon be relieved of
all obligations under the Glen Loma /Filice Family Estate Contract, such that the
Glen Loma /Filice Family Estate Contract shall become a direct contract between
District and Glen Loma /Filice Family Estate.
(b) To the extent permitted by law, Glen Loma /Filice Family Estate 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 Glen Loma /Filice Family
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Estate's (or its contractors' and subcontractors') negligence or willful misconduct
directly or indirectly related to the Project.
(c) Glen Loma /Filice Family Estate 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. Glen Loma /Filice Family Estate 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 Glen Loma /Filice Family Estate names the District and City (including
District's board members, officers, employees, and agents) as additional
insureds.
(d) Glen Loma /Filice Family Estate 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) Glen Loma /Filice Family Estate's 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.
Glen Loma /Filice Family Estate shall agree that the contractor's and
subcontractors contractual warranty obligations as to the Project will include the
District as a beneficiary, and that Glen Loma /Filice Family Estate 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) Glen Loma /Filice Family Estate 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. Glen Loma /Filice Family Estate 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. Glen Loma /Filice Family Estate
will be responsible for all permit acquisitions, construction management, testing,
and acceptance of the Project and other work performed by its contractors. Glen
Loma /Filice Family Estate 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 Glen Loma /Filice Family Estate
providing them to the engineer of record. Glen Loma /Filice Family Estate will
contractually obligate the engineer of record to accept input from the City
regarding such submittals and RFIs and to discuss and provide the City with a
written explanation for any disagreement.
(g) Glen Loma /Filice Family Estate shall ensure that its contractor prepares as -built
drawings certified by a California licensed professional engineer. Glen
Loma /Filice Family Estate 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.
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(h) Glen Loma /Filice Family Estate 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.
(i) After completion and District's acceptance of the Project, Glen Loma /Filice
Family Estate 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, Glen Loma /Filice Family Estate 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 Glen Loma /Filice Family Estate Construction Contract acceptable to
the City, then not later than 20 business days after delivery of the negotiated form of Glen
Loma /Filice Family Estate Construction Contract to District, District shall confirm in writing to
City whether the form of the Glen Loma /Filice Family Estate 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 Glen
Loma /Filice Family Estate Construction Contract shall be deemed approval of same. If City is
not able to negotiate and enter into the Glen Loma /Filice Family Estate Construction Contract by
October 1, 2014, or District fails to approve the form of Glen Loma /Filice Family Estate
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 Glen Loma /Filice
Family Estate 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 Glen
Loma /Filice Family Estate for the Project during the period identified in that
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particular invoice; and (ii) the initials of the Glen Loma /Filice Family Estate'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 Glen Loma /Filice Family Estates for the
design and construction of the Project and reimbursable to Glen Loma /Filice
Family Estate under the Glen Loma /Filice Family Estate 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)
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 Glen Loma /Filice Family Estate the
Eligible Costs.
6. CITY'S ADDITIONAL RESPONSIBILITIES
(a) Provide engineering and construction management for the Project.
(b) Manage City's contractual relationship with Glen Loma /Filice Family Estate for
construction of the Project, including paying all related Glen Loma /Filice Family
Estate invoices funded by District.
(c) Invoice District for Eligible Costs.
(d) Use good faith efforts to negotiate for the inclusion in the Glen Loma /Filice
Family Estate 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 Glen Loma /Filice
Family Estate.
(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 ($678,788) plus a 15% Contingency ($101,818) 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.
4838 - 0292 -61080 Page 6 of 10
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(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 Glen Loma /Filice Family
Estate 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.
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) 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 Glen Loma /Filice Family Estate
Construction Contract shall be deemed to have been assigned to and assumed
by District, the Glen Loma /Filice Family Estate Construction Contract shall
become a direct contract between District and Glen Loma /Filice Family Estate,
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 Glen Loma /Filice Family
Estate 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.
4838 -0292 -61080 Page 7 of 10
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(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.
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
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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.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date
first set forth above.
APPROVED AS TO FORM:
Anthon T. Fulcher
Sr. Assistant District Counsel
APPROVED AS TO FORM:
V44 /(- 6. " -
Linda A. Callon
City Attorney
4838 -0292 -61080
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SANTA CLARA VALLEY WATER DISTRICT
Beau Gold e
Chief Executive Officer
CITY OF GILROY
Thomas J. Haglund
City Administrator
Page 9 of 10
EXHIBIT "A ": Recycled Water System Map
EXHIBIT "B ": Project Cost Estimate
EXHIBIT "C ": Property Improvement Agreement & First Amendment
EXHIBIT "D ": Insurance Requirements
4838 - 0292 -61080 Page 10 of 10
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EXHIBIT "A"
Recycled Water System Map
LEGEND
PROPOSED DESCRIPTION EXISTING
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BACKBONE RECYCLED WATER - - - - --
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RECYCLED WATER PHASING
PHASE IA (2014/2015)
1,875 LF t
ANTICIPATED RECLAIMED WATER PHASING
PHASE IB(2015/2016APPROX.)
GLEN LOMA RANCH
2,850 LF t
EXTENSION (ANTICIPATED 2015/2016 WITH PHASE IB)
®
GILROY, CALIFORNIA
AUGUST 26, 2014
3,170 LF f (INCLUDES 350' f Q WAS CREEK CROSSING)
PHASE 2 (2017/2018 APPROX.)
ei`1
250 LF t
1
0 300 600 900 PHASE 3 (2019/2020 APPROX.)
RUGGERI- JENSEN -AZAR
1,750 LF f
E a _ .
`_,CALL IN EEEI: I "= 300' NOTE: ACTUAL YEARS OF CONSTRUCTION ARE DEPENDENT ON ECONOMIC FACTORS.
8055 CAMINO ARROYO GILROY, CA 95020
PHONE: (408) 848 -0300 FAX: (408) 848 -0302
EXHIBIT "B"
Project Cost Estimate
Item
No.
Item
Quantity
Unit
Unit Price
Total Price
1
Development Pipeline
1,875
LF
$ 486.56
$
912,292
2
Developer Responsibility per PIA:
16" DIP
1,875
LF
$ 124.54
$
233,504
Total Eligible Cost
$
678,788
Project Contingency (15 %)
$
101,818
EXHIBIT "C"
Property Improvement Agreement & First Amendment
�\ 4
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Shawn Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 22624473
1111111.111111111111111111 1
Pages: 28
Fees.... 106.00
Taxes..
Copies..
AMT PAID 106.00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
County Agency
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 2014 -02
Glen Loma Ranch
APNs: 808 -19 -01.6, 808 -19 -018 and 808 -19 -019
Glen Loma Ranch
RDE # 025
6/18/2014
10:19 AM
5-5-14
PROPERTY IMPROVEMENT AGREEMENT
Property Improvement Agreement No. 2014 -02
This Property Improvement Agreement ( "Agreement") is made and entered into this 5"' day of
May, 2014, by and among the City of Gilroy, a municipal corporation, herein called the "City," and
Filice Family Estate, a California Limited Partnership, Santa Teresa Properties LLC, a California limited
liability company,. John M. Filice Jr Trustee of the' Filice Family Revocable Trust dated March 3, 1990,
John M. Filice Jr. Trustee of the Joanne Filice Cunningham Trust 1973., Timothy J. Filice, Janice
Filice, Craig P. Filice, individuals, ( each an "Owner" and collectively referred to herein as the
"Owners" and Glen Loma Corporation, a California corporation, herein called the "Developer ".
WHEREAS, a tentative final map of subdivision, record of survey or building permit (Site Clearance)
application has now been submitted to the City for approval and acceptance, covering certain real estate
and property improvements known as and called: Glen Loma Ranch APNs: 808 -19 -016, 808 -19 =018 and
808 -1.9 -019, 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 Glen Loma Ranch .
WHEREAS, the Owners are the fee owner of the Property and have contracted with Developer to
sell the Property to Developer and Developer requires certain utilities and public works facilities in order
to service the Property under the minimum standards established by the City and Owners are in
agreement therewith and,
WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and
Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of
this Agreement and,
WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and
public service facilities after acceptance by City, and for providing the necessary connecting system, general
plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer. ha
faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuany,
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 j
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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4 =3 -14
W
SECTION 2
The Developer or Owners agrees:
a. To perform each and every provision required by the City to be performed by the Developer in each
and every one of said Codes, Ordinances, Resolutions, Rules and other Regulations and to comply
with the foregoing and all applicable laws.
b. To grant to the City without charge, free and clear of encumbrances, any and all easements and
rights of way in and to the Property necessary for the City in order that its water, electricity, and/or
sewer lines in or to said Property may be extended.
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, Iosses, 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 as Thomas
Road/Luchessa Avenue roundabout and Santa Teresa/Miller Avenue roundabout in Section
6. 1, Items a., b., & e. of this Agreement plus an additional two hundred and fifty thousand
dollars( $ 250,000) for the protection of the public right of way, 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
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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. In the
future, at the time of approval of the first Tract Map for the project, if the improvements
included in items c. & d. of Section 6.1 have not been completed, Developer and Owners if
Developer fails to post bonding agrees that City will require bonding for said improvements
with the PIA accompanying the first Tract Map approval.
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 as Thomas Road/Luchessa
Avenue roundabout and Santa Teresa Boulevard/Miller Avenue roundabout in Section 6. 1,
Items a., b., & e.. of this Agreement plus an additional two hundred and fifty thousand
dollars( S 250,000) for the protection of the public right of way. The Payment Bond shall
secure the payment of those persons or entities to whom the Developer or Owners may
become legally indebted for labor, materials, tools, equipment or services of any kind used or
employed by the contractor or subcontractor in performing the work, or taxes or amounts to
be withheld thereon. The Payment Bond shall provide that the surety will pay the following
amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable
attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to
any of the persons named in California Civil Code Section 9100; (2) amounts due under the
Unemployment Insurance Code with respect to work or labor performed for the
improvements described in this Agreement; and (3) any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of the Contractor and Subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall,
by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so
as to give a right of action to those persons or their assigns in any suit brought upon the bond.
Simultaneously with the submission of its building permit application (Site Clearance), the
Developer or Owners shall submit the following for both the surety that furnishes the
Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current
printout from California Department of Insurance's website (www.insurance.ca.gov)
showing that the surety is admitted to do business in the State; or (2) a certificate from the
Clerk of the County of Santa Clara that the surety's certificate of authority has not been
surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that
renewed authority has been granted.
e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which
are payable by Developer or Owners pursuant to the attached comprehensive fee schedule are due
and payable to the City prior to Council approval of the final map of the subdivision. Upon approval
of the record of survey or the building permit covering the real estate to be improved and before any
work is done therein, the Developer or Owners shall pay to the City all other sums payable by
Developer pursuant to the attached comprehensive fee schedule.
f. At all times during the term of this Agreement and until the improvements constructed by Developer
or Owners are accepted by City, Developer or Owners shall, at no cost to City obtain and maintain
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(a) a policy of general liability and property damage insurance in the minimum amount. of One
Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b)
workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property
damage insurance with limits of not less than 100% of the estimated value of the improvements to be
constructed by Developer or Owners pursuant to this Agreement.
All such policies shall provide that thirty (30) days written notice must be given in advance to City
prior to termination, cancellation or modification. The insurance specified in (a) above shall name
City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and
shall provide that City, although an additional insured or loss payee, may recover for any loss
suffered by reason of the acts or omissions of Developer or Owners or Developer's contractors or
subcontractors or their respective employees. Developer and Owners hereby waives, and Developer
or Owners shall cause each of its contractors and subcontractors to waive, all rights to recover
against City for any loss or damage arising from a cause covered by the insurance required to be
carried pursuant to this Agreement or actually carried by Developer or Owners in connection with
the work described in this Agreement, and will cause each insurer to waive all rights of subrogation
against City in connection therewith. All policies shall be written on an occurrence basis and not on
a claims made basis and shall be issued by insurance companies acceptable to City. Prior to
commencing any work pursuant this Agreement, Developer or Owners shall deliver to City the
insurance company's certificate evidencing the required coverage, or if required by City a copy of
the policies obtained.
SECTION 3
That all the provisions of this Agreement and all work to be done pursuant to the terms of this
Agreement are to be completed to City's satisfaction within one year from and after the date and year of
this Agreement first above written. Developer or Owners shall maintain such public works facilities and
other improvements described in this Agreement at Developer's or Owner's sole cost and expense at all
times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage
to property.
SECTION 4
That the faithful and prompt performance by the Developer or Owners of each and every term and
condition contained herein is made an express condition precedent to the duty of the City to perform any
act in connection with this transaction, and the failure, neglect or refusal of the Developer or Owners to
so perform, or to pay any monies due hereunder when due shall release the City from any and all
obligations hereunder and the City, at its election, may enforce the performance of any provision herein,
or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable
laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such
default by Developer or Owners.
SECTION 5
That this Agreement, including without limitation the general stipulations outlined in Section 6
below, is an instrument affecting the title or possession of the real property and runs with. the land.
Except as expressly provided in the second sentence of Item 3 of the general stipulations set forth in
Section 6 below (relating to the payment of reimbursement to the original Developer named in this
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Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to
the benefit of City, Owners, Developer, the successors in interest of Developer, their respective
successors and permitted assigns and all subsequent fees owners of the Property. The obligations of the
Developer under this Agreement shall be the joint and several obligations of each and all of the parties
comprising Developer, if Developer consists of more than one individual and/or entity. Upon the sale or
division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee
owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement.
SECTION 6
The following general stipulations shall be completed subject to the approval of the Public Works
Director /City Engineer:
1. This agreement guarantees five distinct improvements associated with Phase I of the Glen Loma
Ranch development. The latest City approved plan set shall hold true.
a. Thomas Road/Luchessa Avenue roundabout. Extended work hours will be granted to expedite
the completion of the improvements necessary for the roundabout to be open to traffic prior to
the new school year commencing.
b. Charles Lux Drive /Cimino Street improvements including the rough grading plan for Mataro
Park. Extended work hours will be granted to expedite the completion of the improvements
necessary for the roadway to be open to traffic prior to the new school year commencing
c. Rough grading plans for all of Phase 1 A as referenced in Tentative Map 13 -08
d. Backbone infrastructure including utilities and street improvements for public streets
including the extension of West Luchessa Avenue from Cimino Street to Miller Avenue
e. Santa Teresa Boulevard/ Miller Avenue roundabout
2. Improvements shall conform to the final City approved plan set. Construction staging, traffic
control plans and encroachment permits will need to be coordinated with each segment of the
project to ensure minimal impact to road users.
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,
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which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated
expenditures of such reimbursement fund as determined by City from time to time; (ii) City may,
in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly
increments, as determined by City; and (iii) City may defer payments in any given year if projects
deemed by City to be of high importance are determined by City, in its sole and absolute
discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated
by the City for use on such projects of high importance. Reimbursements payable to Developer,
subject to the terms and conditions of this Agreement and the City's reimbursement policies and
ordinances in effect from time to time. The following facilities are subject to reimbursements:
a. Thomas Road/Luchessa Avenue Roundabout;
b. The Extension of West Luchessa Avenue within the project —part of the backbone
infrastructure plans (median and some pavements, etc.);
c. Tenth Street within the project — part of the backbone infrastructure plans (median
and some pavements, etc.);
d. Tenth Street/West Luchessa Avenue Roundabout;
e. Santa Teresa Boulevard/Miller Avenue Roundabout;
f. Oversizing of the recycled water main in West Luchessa Avenue, between Cimino
Street and existing Miller Avenue. (SCVWD /SCRWA responsibility);
g. Installation of the 16" recycled water main in West Luchessa Avenue between
Greenfield Drive and Cimino Street, in addition to the existing 16" main.
(SCVWD /SCRWA responsibility).
4. Developer or Owners agrees to:
a. Pay City the initial estimated amount based on an initial cost estimate previously submitted
by Developer for all activities undertaken pursuant to this Agreement; the breakdown of
said activities is further described in the "City of Gilroy Community Development
Department Engineering Division Cost Estimate" attached hereto as Exhibit "B ". Such
payment shall be made prior to the issuance of the Grading Permit for any work performed
on Improvement Property. Such payment does not include the permit processing fees that
may be due for the grading permit. Developer or Owners shall pay any additional final
costs due City based on any additional reinspection costs of the Improvements incurred by
City and final costs submitted by Developer or Owners at the completion of work. Such
payment shall be made no later than the date that Developer submits the Development
Documents for City review.
b. Provide a construction schedule to City and hold a pre - construction meeting with City
inspection staff present. Developer shall notify City, no later than two (2) business days
prior to commencement of construction and permit City staff to be present at any time City
considers advisable during Developer's construction of the improvements in order to
determine whether such improvements meet relevant, current City Regulations.
Provide City with a twenty-four (24) hour emergency contact number through which City
may contact Developer in case City determines that an unsafe condition may exist on the
Improvement Site.
5. Nothing in this Agreement shall be deemed to abrogate the responsibility of Developer or
Owners to pay any fees, obtain any permits, including an encroachment permit for work
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s -s -14
within a City right -of -way and a grading permit for work within Developer's private
property, and comply with any City Regulations or Additional Regulations associated with
construction of the Improvements. Fees shall include, but not be limited to, costs of plan
check and City inspection of construction on site.
The term of this Agreement shall commence on the effective date and terminate three hundred sixty-five
(365) days thereafter, however the bonds cannot be released if improvements have not been completed
to the satisfaction of the City Engineer. Notwithstanding the foregoing, this Agreement may earlier
terminate upon an improvement agreement in form satisfactory to the City that covers all the
Improvements as set forth herein. Notwithstanding the foregoing as to termination, the Developer named
herein shall be solely entitled to all reimbursements as set forth in this Section 6 Paragraph 3, and this
right shall survive the termination of this Agreement. In lieu of the bonds as set forth in Section 2 (d)
above, Developer may furnish one or more irrevocable letters of credit issued by a bank admitted to do
business in the State of California acceptable to City in amounts, form and substance as approved by the
City.
H:
5 -5 -I4
SECTION 7
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOTAL AMOUNT DUE CITY
CITY OF GILROY
By:
Th mas J. Haglund
S337,772.62
DEVELOPER
Glen Loma Corporation
By:
o M. Fi e Jr.
Title:
Date:
OWNERS:
Filice Family Estates, a California Limited
Partnership
By: Its General Partner, Cugini Calabria
LLC, a California Limited Liability
Ccppany.
By:
John M. Filid. r. _
Title: Manager
Date:
By:
Title: Lvianager
Date: // t 4U.' -/
By: s� �-
raig P. Filice
Title: Manager
Date: / 1 C /f 7"
ME
APPROVED AS TO FORM:
Linda A. Callon, City Attomey
Santa Teresa Properties LLC, A California
Limited Liability Company
Bv:
Joh—n'Tvr Filice Jr
Title: Mana;er
Date:
Date
Craig P_ Filice
Da -
_
Janice Mice Date
NOTE: tf 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 CURRENT NOTARY FORM(S)]
Attachments:
• Exhibit A - Legal Description
• Exhibit B — Development Cost Schedule
-10-
State of California
County of Santa Clara
On 22nd day of May, 2014 before me, Janet K. Wallace a Notary Public, personally appeared Janice Fillice, 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/ Lee(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,;Imy hard end official seal.
Sig
Name: Jar)ef K. Wallace
(tip6d or printed)
j"I'1
(Seal)
"••JANET K. W CE
#MARY MMIC - �{ IPORtAA
COMMISSION ! 20 367
SUANTA CLAFIA COON
ExP• 241
11y Comm. August
State of California
County of Santa Clara
On 14th day of May, 2014 before me, Janet K. Wallace a Notary Public, personally appeared Timothy J. Filice and Craig
P. Filice, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /aarre_rsubscribed 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/"r 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
co rrect.
official seal.
Name: Met K. Wallace
(typed or printed)
Jwd Jw
(Seal)
JANET K. WALLACE
NOTARY PUSILIC - CALIFORNIA
' COMMISSION 0 2032557
SANTA CLARA COUNTY
My Comm. Esp. August 1. 2011
State of California
County of Santa Clara
On - /� day of May, 2014 before me, Janet K. Wallace a Notary Public, personally appeared John M. Filice, Jr.,
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 mytand and official seal.
Ae4d-1
Name: 309t K. Wallace
( ed or printed)
3Wl7w
(Seal)
JANET K. WALLACE
140TAAY pUSLIC - CALWOiNrA
COMMISSION 1 203266?
Vy Comm. ExC� g� 2017
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of ;a n t-a C (a r a
CIVIL CODE § 1189
On :rL_jn2 1 2014 before me, Sandra E. 61(10(, tit Draw Pk�11
Date Here Insert Name and Title of #Is Officer
personally appeared T V10 art a S '�T . I a n
Names) of SignerW
who proved to me on the basis of satisfactory
evidence to be the personjo whose name(~;) is /ard
subscribed to the within instrument and acknowledged
to me that he /shetl]4 executed the same in
hisiber/their authorized capacity(ieS), and that by
his/heff/their signature(,g) on the instrument the
persono, or the entity upon behalf of which the
person(4) acted, executed the instrument.
5 SANDRA E.NAVA
Commission s 1908181 1 certify under PENALTY OF PERJURY under the
= Notary Public - California z laws of the State of California that the foregoing
= Santa Clara County '- paragraph is true and correct.
M Comm. Ex ires Nov 11, 2014
WITNESS my hand and official seal.
Signature: �-a�r1 dt.Q E. X,4�
Place Notary Seal Above 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: Q r-o oQ r.t A-qr ce M &n jj C 2,0 j V_ Z
Gt•-� Lo a �C
Document Date: �� '2_0 1 Number of Pages: ) 0
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
❑ Individual -
Partner — i_ Limited _ General Top of thumb here
Attomey in Fact
Trustee
Guardian or Conservator
_ Other:
Signer Is Representing
Signer's Name:
Corporate Officer — Title(s):
- Individual
Partner — Limited
Attomey in Fact
Trustee
Guardian or Conservato
Other. _
Signer Is Representing
General Top of thumb here
r
__._..- ,.- ..- ..•�..�,: p�� -mry.urg -1rou UONU IAN •ti- 6(V-6lti -6dZ7) Item #5907
Parcel Two:
Being a portion of Las Animas Ranch Lot 11 as shown on Map No. 7 accompanying the Final
Report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5536 had in the
Superior Court of the State of California, in and for the County of Santa Clara, and being more
particularly described as follows:
BEGINNING at a point on the Westerly line of Ranch Lot No. 15, as shown on said Map distant
thereon North 1482.80 feet from the Southwesterly comer of said Ranch Lot 15, said POINT OF
BEGINNING being the Northeasterly corner of that certain 54.26 acre parcel of land described in
the Deed to L. H. Ciar recorded April 8, 1935 in Book 723 at Page 529, Official Records of Santa
Clara County, and running thence along the line common to Ranch Lots 11 and 15 North 660.00
feet; thence leaving said line and parallel with the Northerly line of said 54.26 acre parcel North
840 00' West, 663.64 feet; thence South 660.00 feet to a point in the Northerly line of said
54.26 acre parcel; thence along said Northerly line South 841 00' East, 663.64 feet to the
POINT OF BEGINNING.
EXCEPT THEREFROM all that portion as described to the City of Gilroy, in Grant Deed recorded
January 22, 1999 in Official Records of Santa Clara County, under Recorder's Serial Number
14612270.
ALSO EXCEPT THEREFROM all that portion as described to the City of Gilroy, in Grant Deed
recorded January 22, 1999 in Official Records of Santa Clara County, under Recorder's Serial
Number 14612272.
ALSO EXCEPT THEREFROM all that portion as described to the City of Gilroy, in Grant Deed
recorded January 22, 1999 in Official Records of Santa Clara County, under Recorder's Serial
Number 14612273.
ALSO EXCEPT THEREFROM all that portion as described to the City of Gilroy, in Grant Deed
recorded April 24, 2001 in Official Records of Santa Clara County, under Recorder's Serial
Number 15649045.
ALSO EXCEPT THEREFROM all that portion as described in that certain 'Final Order of
Condemnation' as entered under Case No. 105 CV047393 on February 15, 2007 in the Superior
Court of the State of California — County of Santa Clara recorded February 15, 2007 in Official
Records of Santa Clara County, under Recorder's Serial Number 19306680.
ALSO EXCEPT THEREFROM all that portion as described to the City of Gilroy, a municipal
corporation, in Grant Deed recorded May 4, 2009 in Official Records of Santa Clara County,
under Recorder's Serial Number 20236167.
ALSO EXCEPT THEREFROM all that portion as described to the City of Gilroy, a municipal
corporation, in Grant Deed recorded May 4, 2009 in Official Records of Santa Clara County,
under Recorder's Serial Number 20236168.
ALSO EXCEPT THEREFROM all that portion as described to the City of Gilroy, a municipal
corporation, in Grant Deed recorded May 4, 2009 in Official Records of Santa Clara County,
under Recorder's Serial Number 20236169.
APN: 808 -19 -018
Parcel Three:
Being a portion of Las Animas Ranch Lot 11 as shown on Map No. 7 accompanying the Final
Report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5536 had in the
Superior Court of the State of California, in and for the County of Santa Clara, and being more
particularly described as follows:
BEGINNING at a point on the Westerly line of Las Animas Ranch Lot Number 15, distant
thereon North 1482.80 feet from a 4" x 4" post marked M. T. M. 2 set at the Southwest corner
of said Ranch Lot Number 15, said POINT OF BEGINNING being the Northeasterly comer of
that certain 54.26 acre tract of land described in the Deed from Miller & Lux Incorporated, a
corporation, to L. H. Clar, recorded April 6, 1935 in Book 723 of Official Records, Page 529
Santa Clara County Records; running thence along the Northerly line of said 54.26 acre tract
North 840 West 2399.40 feet to a point on the Easterly line of that certain 5042.62 acre tract of
land described in the Deed from M. E. Thomas to William S. Tevis, Jr. recorded February 28,
1927 in Book 299 of Official Records, Page 536; thence along the Easterly line of said 5048.62
acre tract described in said Deed to Tevis the following courses and distances; North 061 57'
East 1038.73 feet to a 4" x 4" post marked 19; North 101 33' West 410 feet to a 4" x 4" post
marked 20; North 200 33' West 355 feet to a 4" x 4" post marked 21; section in the Westerly
right of way line of a 40 foot road and at the Northeastern comer of 5048.62 acre tract of land
described in the above mentioned deed to Tevis; thence leaving the Easterly line of said
5048.62 acre tract and running North 160 04' East 201.85 feet to a 3/4" pipe in the center line
of the aforementioned 40 foot road as the same is described in the deed from Miller & Lux
Incorporated, to County of Santa Clara, recorded March 8, 1938 in Book 866 of Official Records,
page 256, Santa Clara County Records; thence along the center line of saisd 40 foot County
road North 40 59' East 277 feet to the Southwestern corner of that certain 28.06 acre tract of
land described in the Deed from Miller & Lux Incorporated, to William Funkier, recorded July 12,
1920 in Book 512 of Deeds, page 589; Santa Clara County Records; thence along the Southerly
line of the 28.06 acre tract described in said Deed to Funkier the following courses and
distances; North 880 02' East 248.81 feet; South 790 43' East 525 feet; South 720 23' East 202
feet; South 820 43' East 175 feet; South 43° 38' East 375 feet; South 790 38' East 318.71 feet,
South 580 23' East 155 feet; South 660 03' East 372.9 feet; South 520 32' East 252.80 feet to a
point in the Westerly line of Las Animas Ranch Lot Number 15; thence leaving the Southerly
line of aforementioned 28.06 acre tract and running along the Westerly line of said Las Animas
Ranch Lot Number 15, South 1622.08 feet to the POINT OF BEGINNING.
EXCEPT THEREFROM so much thereof as lies within the bounds of that certain 40 foot road
conveyed by L. H. Clar, et al to the County of Santa Clara, by Deed recorded March 8, 1938 in
Book 866 of Official Records, Page 236 Santa Clara County Records.
ALSO EXCEPT THEREFROM that certain parcel conveyed to George T. Duffin and Helen R.
Duffin and Lobue Investments, a partnership by Deed recorded September 28, 1979 in Official
Records of Santa Clara County, under Recorder's Serial Number 6512941.
ALSO EXCEPT THEREFROM that certain parcel conveyed to Craig P. Filice, a single man, by
Deed recorded September 27, 1990, in Official Records of Santa Clara County, under Recorder's
Serial Number 10667229.
ALSO EXCEPT THEREFROM that certain parcel conveyed to Craig P. Filice, a single man, by
Deed recorded November 30, 1990, in Official Records of Santa Clara County, under Recorder's
Serial Number 10735885.
ALSO EXCEPT THEREFROM all that portion as described to the City of Gilroy, a municipal
corporation, in Grant Deed recorded May 4, 2009 in Official Records of Santa Clara County,
under Recorder's Serial Number 20236166.
FURTHER EXCEPT THEREFROM all that portion as described to the City of Gilroy, a municipal
corporation, in Grant Deed recorded May 4, 2009 in Official Records of Santa Clara County,
under Recorder's Serial Number 20236170.
APN: 808 -19 -016
Parcel Four:
Parcel 2, as shown up that certain Map entitled Parcel Map being a portion of Las Animas
Ranch Lot 11 as shown on Map No. 7 accompanying the Final Report of the Referees in the Las
Animas Rancho Partition Suit', filed for record on October 21, 1998 in Book 709 of Maps,
Page(s) 18 and 19, Santa Clara County Records, and as amended by "Certificate of Correction"
recorded March 17, 1999, in Official Records of Santa Clara County, under Recorder's Serial
Number 14709294.
EXCEPT THEREFROM all that portion as described to the City of Gilroy, a municipal corporation,
in Grant Deed recorded May 4, 2009 in Official Records of Santa Clara County, under Recorders
Serial Number 20236160.
ALSO EXCEPT THEREFROM any and all water rights or interests in water rights, whether such
water rights shall be riparian, overlying, appropriative, percolating, prescriptive or contractual;
provided, however, that unless the consent of the surface owner is first obtained, Grantor, its
successors and assigns, shall not enter upon the surface or in or through the upper 100 feet of
the subsurface in the exercise of such water rights, as reserved by Catellus Residential Group,
Inc., a California corporation in Grant Deed recorded January 17, 2001 in Official Records of
Santa Clara County under Recorder's Serial Number 15528122.
FURTHER EXCEPT THEREFROM any and all oil, gas and other hydrobarbons and all other
minerals of whatever kind or character which are upon, in, under or may be produced from the
property; provided, however, that unless the consent of the surface owner is first obtained,
Grantor, its successors and assigns, shall not enter upon the surface or in or through the upper
500 feet of the subsurface in the exercise of such mineral rights reserved by Catellus
Residential Group, Inc., a California corporation in Grant Deed recorded January 17, 2001 in
Official Records of Santa Clara County under Recorder's Serial Number 15528122.
APN: 808 -19 -019 (As to a Portion)
Parcel Five:
Being a portion of "Luchessa Avenue ", as shown on that certain Parcel Map filed October
21,1998 in Book 709 of Maps, at Page(s) 18 and 19, Records of Santa Clara County, California,
being more particularly described as follows:
COMMENCING at the intersection of the Southerly line of said "Luchessa Avenue" with the
Northerly line of "Parcel 2 ", as shown on said Map; thence along said Southerly line of
"Luchessa Avenue" South 600 59' 02" East, 60.16 feet; thence along the arc of a tangent curve
to the left having a radius of 1,001.00 feet, through a central angle of 051 37' 33 ", an arc
distance of 98.29 feet to the TRUE POING OF BEGINNING; thence continuing along said curve
through a central angle of 360 16' 22 ", an arc distance of 616.24 feet; thence North 781 07' 03"
East, 24.99 feet; thence along the arc of a tangent curve to the right having a radius of 30.00
feet, through a central angle of 1020 00' 00 ", an arc distance of 53.41 feet; thence leaving said
southerly line North 000 07' 03" East, 9.69 feet; thence along the arc of a tangent curve to the
left having a radius of 32.50 feet, through a central angle of 1020 00' 00" an arc distance of
57.86 feet; thence South 781 07' 03" West, 24.33 feet; thence along the arc of a tangent curve
to the right having a radius of 988.50 feet, through a central angle of 30 018' 05 ", an arc
distance of 522.78 feet; thence North 7111 34' 51" West, 64.76 feet; thence along the arc of a
tangent curve to the left having a radius of 30.50 feet, through a central angle of 440 55' 50 ",
an arc distance of 23.92 feet to the TRUE POINT OF BEGINNING.
APN: 808 -19 -019 (As to the Remainder)
51612014 4.01 PM
Payment Bond Amount for all improvements $3,913,700
Pa, Performance Bond Amount for all improvements $3,913,700
Performance Bond $3.913.700
COST FiielTr XXXX -Glad Lorna \Fee Schedules-Ust Estimates- InvoicesThase to ImprovernentslGlen Loma Phase 1A
CITY OF GILROY
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
EFFECTIVE 7/112013
ENCOMPASS NO:
E1
®
Revised:
Revision Number:
DATE:
29- Apr -14
Revision By:
NUMBER:
PROJECT LOCATION:
Santa Teresa BtvdJLuchessa AveJCindno WGreenfield Dr.
PARCEL NUMBER:
808- 19 -0116, 1310849-018, 808 -19-019
OW NERIDEVELOPER:
Glen Loma Corporation
MAILING ADDRESS:
7888 Wren Ave., Suite D143 Gilroy, CA 95020
TELEPHONE NO'.
408 - 847 -427A
PREPARED BY:
MCervantes_
Account No.
Key Code
Fee: Credits:
Amount Due: Account Descriptior Paid on Invoice #
100 -2601. 0000 -3625
4904
$0.00
5100 Special Public Works Sery
100 -2601- 0000 -3605
4702
$319,096.00
$319.096.00 Eng Plan Check 8 Insp
420 - 2600 - 0000 -3660
4501
$0.00
$0.00 Storm Development Fee
432- 2600 - 0000 -3660
3301
$0.00
$0.00 Sir Tree Development Fee
433 - 2600 -0000 -3660
4905
$0.00
$0.00 Traffic Impact Fee
435 - 2600 - 0000 - 3660
4509
$0.00
$0.00 Sewer Development Fee
436 - 2600 -0000 -3660
4510
$0.00
$0.00 Water Development Fee
440- 2600 -0000 -3660
4515
$0.00
$0.00 Public Facility Fee
720 - 0433 -0000 -3620
2202
$18,676.62
$18,676.62 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
Total
$337,772.62
Payment Bond Amount for all improvements $3,913,700
Pa, Performance Bond Amount for all improvements $3,913,700
Performance Bond $3.913.700
COST FiielTr XXXX -Glad Lorna \Fee Schedules-Ust Estimates- InvoicesThase to ImprovernentslGlen Loma Phase 1A
51512014 4.07 PM
CITY OF G ILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
ENCOMPASS NO:
E1 O
DATE:
29- Apr -2014
NUMBER
COST ESTIMATE 7 Y
PROJECT LOCATION:
Santa Teresa BNdRuchessa AveXimino St /Greenfield Or.
PARCEL NUMBER.
808-19-016,808-19.018.808-19-019
OWNERIDEVELOPER:
Glen Loma Corporation
MAILING ADDRESS:
7888 Wren Ave., Suite D143 Gilroy. CA 95020
TELEPHONE NO:
408. 847.4224
PREPARED BY:
MCervantes
Reimbursements and credits:
Front Footage /Square Footage Charges and Construction Water.
SG Ft:
0
0
0
0
0
0
Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed.
0.0 0.0 0.0 0.0 94.000
Pavement SF: Median SF: Sidewalk SF: Curb /Gunter FF: Construction Water FF.
0.0 0.0 0.0 0.0 500 0'
SPECIAL PUBLIC WORKS SERVICES
Maps:
Final Map 53.210.00 +
Parcel Map $1,875.00 +
Re- assessment Map (Assessment District Parcels)
$1,270.00 +
100- 2601 -0000 -3625 $0.00
$60.00 I lot N $0.00 Fee ID NO- FINALM
$60.00 1 lot N SOHO Fee ID NO- PARCELM
$25.00 / lot N $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 end of the project)
0 # of Sheets for Map and $9.00 1 sheet Y $0.00 Fee ID NO -SCAN
Improvement Plans
(Cost Schedules, Agreements, R/W Reviews and Other Misc. Services)
0 hr Mix Services $180.00 1 hr. Y $0.00 Fee ID N -MISC
Special Staff Ana "is
0 hr Special Analysis $470.00 / hr. N WOO
COST FjBB�ttHtD .CFd�r�edRiaEtu6P,R�0E@f1�3:aa File\Tr XXXX- GIer2LOmaTee ScheduteS-COS[ Estimates- invoices\Phase to Improvement3\Gler Loma Prase 1A
ENGINEERING PLAN CHECK 8 INSPECTION 100- 2601 -0000 -3605 COST ESTIMATE $319.096.00
FINAL ENGINEERING
COST SCHEDULE TYPE:
COST ESTIMATE 7 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:
Residential -Low
0.000
0
0
Residential-High 7
0.000
0
0
Commercial-Low ?
0.000
0
Commercial -High ?
0.000
0
Industnal- General?
0.000
0
Industnal- Warehouse?
0.000
0
Assembly Hall"
0.000
0
Common Area?
0.000
CommerciaNindustrial Allocations:
Sewer GPD:
Water GPD:
0
0
Reimbursements and credits:
Front Footage /Square Footage Charges and Construction Water.
SG Ft:
0
0
0
0
0
0
Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed.
0.0 0.0 0.0 0.0 94.000
Pavement SF: Median SF: Sidewalk SF: Curb /Gunter FF: Construction Water FF.
0.0 0.0 0.0 0.0 500 0'
SPECIAL PUBLIC WORKS SERVICES
Maps:
Final Map 53.210.00 +
Parcel Map $1,875.00 +
Re- assessment Map (Assessment District Parcels)
$1,270.00 +
100- 2601 -0000 -3625 $0.00
$60.00 I lot N $0.00 Fee ID NO- FINALM
$60.00 1 lot N SOHO Fee ID NO- PARCELM
$25.00 / lot N $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 end of the project)
0 # of Sheets for Map and $9.00 1 sheet Y $0.00 Fee ID NO -SCAN
Improvement Plans
(Cost Schedules, Agreements, R/W Reviews and Other Misc. Services)
0 hr Mix Services $180.00 1 hr. Y $0.00 Fee ID N -MISC
Special Staff Ana "is
0 hr Special Analysis $470.00 / hr. N WOO
COST FjBB�ttHtD .CFd�r�edRiaEtu6P,R�0E@f1�3:aa File\Tr XXXX- GIer2LOmaTee ScheduteS-COS[ Estimates- invoices\Phase to Improvement3\Gler Loma Prase 1A
ENGINEERING PLAN CHECK 8 INSPECTION 100- 2601 -0000 -3605 COST ESTIMATE $319.096.00
S/WD14 4:07 PM
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 Fist Three Submittals or Review of Changes, Additions or Revisions to Approved Plans
0 hr Additional Plan Review $470.00 / hr. N $0.00 Fee ID NO- GRADINS
Re- Inspection Fee
0 hr Re- inspection $120.00 1 hr. N $0.00 Fee ID NO- GRAOINS
Inspections outside of normal business hours
0 hr Inspection $430.00 F
(Based on total cost of Improvements)
Estimated Cost of Improvements
12% $0
10% $100,000
8% over
Payment Bond Amount for all Improvements
Performance Bond Amount for an Improvements
IMPACT FEES
Storm Drain Impact Fee
a.Residential -Low
b.Residential -High
c.Commercial
d.lndustnal
e.Assembty Hall
Sbw Tree Fee
a.City Planting and Replacement
$3.06 / f.f. x
b.lnspection and Replacement
$0.41 / f.f. x
Traffic lmpaet Fee
a.Reslderdlal -Low,
b.ResidentiaWigh
c.Commerciai -Low Traffic
(- 10.75 trips/1000 sf)
d.CommerdaI-High Traffic
( >= 10.75 trips11000 sf)
e. industrial - General
f.Industrial-W arehouse
$145.00
/
hr. after 3hrs
N
$0.00
COST
ACTUAL
ESTIMATE
COST
$3.9136700
$0
$100,000
Y
$12.000.00
Y
$0.00
$200.000
Y
$10200.00
Y
$0.00
$200,000
Y
$297,096.00
Y
$0.00
$3,913.700
$3.913.700
420- 2600-OWO -3660
$564.00
/
acre
Y
$0.00
$886.00
/
acre
Y
$0.00
$1,528.00
1
acre
Y
$0.00
$1,128.00
/
acre
Y
$0.00
$564.00
I
acre
Y
$0.00
432.2600-0000 -3660
N
0.0
=
$0.00
Y
0.0
-
$0.00
433. 2600 - 0000 -3660
$9,973.00
/
unit
Y
$0.00
$6.084.00
!
unit
Y
$0.00
$11,034.00
!
k.s.f.
Y
$0.00
$22.289.00
/
k.sl.
Y
$0.00
$4.373.00
/
k.sf.
Y .
$0.00
$3,169.00
/
k.s.f.
Y
$0.00
Fee 10 N04RADINS
DIFFERENCE ($319,090.00)
Fee ID NO-PCKINSP
Fee ID ND -SD-LD
Fee 1D•NOSD -HD
Fee ID NOSD -C
Fee ID NO-SD4
Fee ID N0SD-AH
Fee ID NO- TREEPLT
Fee 10 NO- TREEINS
Fee tD N1- TRAF -LD
Fee ID N2- TRAF -HD
Fee ID N3- TRAF -CL
Fee ID N3- TRAF -CH
Fee ID N4- TRAF -IG
Fee ID N4- TRAF -IW
$0.00
$0.00
$0.00
COST FiielTr XXXX- Gler$LomalFee Schedules -Cast Estimates.InvoicesVPhase to ftmvementsVGlen Loma Phase to
51612014 4:07 PM
Sewer Impact Fee
435 - 2600 -0000 - 3660
$0.00
a.Residential-Low $10,686,00
/
unit Y
$0.00
Fee ID N1 -SS-LD
b.Residential -High $5,782.00
/
unit Y
$0.00
Fee ID N2 -SS-HD
c.CommerciaVlndustrlal $3.382.00
/
cgpd Y
$0.00
Fee ID N5--SS-CA
Water Impact Fee
436. 2600-0000 - 3560
$0,00
a,ResidentiaFLow $4,294.00
/
unit Y
$0.00
Fee ID N1- WATR -LD
b.Residential -High $1,737.00
/
unit Y
$0.00
Fee ID N2- WATR -HD
c.CommerciallIndustrial $6,731.00
/
kgpd Y
$0.00
Fee ID NSANTR -01
Public Facilities Impact Fee
440- 2600-0000 - 3680
$0.00
a.Residentiakow $16,848.00
/
unit Y
$0.00
Fee ID N1 -PF-LD
b.Residential-High $14,175.00
/
unit Y
$0.00
Fee 10 N2 -PF -HD
c.Commercial $2.538.00
/
k.s.f. Y
$0.00
Fee ID N3 -PF-C
d.lndustrial $1,123.00
/
k.s.f. Y
SO.00
Fee 10 N4-PF4
Water User Fee (Construction)
720-0433-0000 -3620
Y
$18,676.62
$3.00
/
f.f.
$1,500.00
Fee ID NO- CONWTFF
plus
$182.73
1
a.c.
$17.176.62
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 devebpers 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 pwion is the
difference behN"n the master planned size for the main and the grader of the main size required by the development or the devebper s
minimum responsibility for each main.
Water
801- 2601 -PWDO. 3899
$0,00
Water Mains - including fire hydrants, valves, valve boxes and other perlinences.
Developer responsibility is up to and including 12" mains
Half Pipe
Lineal Footage
6 inch Main $39.00 / LF x
N
0.0 -
50.00
Fee ID N- WR06 -1/2
8 inch Main $41.00 I LF x
N
0.0 =
$0.00
Fee ID N- WR08 -1/2
10 inch Main $47.00 / LFx
N
0.0 =
50.00
Fee 1D'N- WRIO -1/2
12 inch Main $52.00 1 LFx
N
0.0 =
50.00
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. =
SO.00
Fee ID N- WR16 -1/2
18 inch Main $68.00 / LF x
N
0.0 =
50.00
Fee ID N-WR18 -112
20 inch Main $76.00 / LF x
N.
0.0' -
$0.00
Fee ID N-WR16 -112
24 inch Main $82.00 / LF x
N
0.0 =
S0.00
Fee 10 N- WR24 -1/2
30 inch Main $91.00 / LF x
N
0.0. -
SO.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 FIIe%Tr "U- GleALWO Fee Schedmes -Cost Estimates- tnvoicesTbase IA Impmvemems%len Lorna Phase to
Front Foot Charges Continued
(Used to charge and reimburse fees for existing infrastructure)
Sewer
801 - 2601 -PWDO -3899
Sewer Mains - including manhole and other partinences.
Developer responsibility is up to and including 12- mains.
Half Pipe
Lineal Footatie
6 inch Main
$7100
/ LF x
N
0.0 =
$0.00
Fee 10 N-SS06 -112
8 inch Main
$75.00
/ LF x
N
0.0 =
$0.00
Fee 10 NSS08 -1/2
10 inch Main
$81.00
/ LF x
N
0:0 =
30.00
Fee tD N- SSID -1/2
12 Inch Main
$83.00
/ LF x
N
0.0 =
$0.D0
Fee 10 NSS12 -1/2
15 Inch Main
$87.00
/ LF x
N
0.0 =
$0.00
Fee ID N-SS15 -1112
18 inch Main
$93.00
/ LF x
N
0.0 =
SO.00
Fee ID N- SS18 -1/2
21 inch Main
$102.00
/ LF x
N
0.0 =
$0.00
Fee 10 NSS21 -112
24 Inch Main
$106.00
/ LF x
N
0.0 =
S0.00
Fee ID N- SS24.1/2
27 Inch Main
$122.00
1 LF x
N
0.0 =
50.00
Fee ID N-SS27 -112
30 inch Main
$144.00
/ LF x
N
0.0 -
SO.00
Fee ID N- 5530 -1/2
33 Inch Main
$156.00
/ LF x
N
0.0 =
30.00
Fee 10 N- SS33.112
36 inch Main
$178.00
1 LF x
N
0.0 -
50.00
Fee ID N-SS36 -112
39 inch Main
$212.00
/ LF x
N
0.0 -
$0.00
Fee ID N- SS39.1/2
42 inch Main
$265.00
/ LF x
N
0.0 -
S0.00
Fee 10 N-SS42 -112
Street Improvements
801- 2601 -PWOO -3899
Pavement. Sidewalks 8 Medians
Souare Foctaoe
ACEIke path: base
$2.55
1 SF x
N
0.0 =
SO.00
Fee ID N- STR -ACE
AC/Eike path: pvmt
$2.50
1 SF x
N
0.0 =
$0.00
Fee ID N- STR -ACP
Sidewalk: new
$9.75
/ SF x
N
0.0 -
$0.00
Fee ID N- STR -StW
Sidewalk: replace
$13.25
/ SF x
N
0.0 =
$0.00
Fee ID N -STR -S/WR
Resurfacing
52.55
/ SF x
N
OA =
$0.00
Fee ID N-STR -RESU
Landscaped Median
$20.35
/ SF x
N
0.0 =
$000
Fee ID N- STR -LANM
Hardscaped Median
$11.63
/ SF x
N
OA =
$0.00
Fee ID NSTR44ARD
Traffic Sionals (eouioment only)
% of I=[) Sum
Traffic Signal -3 leg
$130,200.00
/ LS x
N
- 0% =
$0.00
Fee ID N- STR -TS31-
Traffic Signal4 leg
$156.500.00
/ LS x
N
0% =
$0.00
Fee 10 N- STR -TS4L
Curb and Gutter
Lin eat
Curb/Gutter.. new
$25.85
/ LF x
N
_F_ootaae
0.0 =
$0.00
Fee ID N- STR -C/G
Curb/Gutter replace
$33.40
/ LF x
N
0.0 =
$0.00
Fee ID NSTR -C/GR
Curb Ramps
$1,057.63
/ LF x
N
0.0 =
$0.00
Fee ID N -STRCR
516/2014 4:07 PM
$0.00
$0.00
COST FilelTr XXKX- GIQ&omMFee Schadules-Cost Estimatas- InvoiceslPhase to ImpnwementslGien Loma Phase to
From Foot Charges Continued
(Used to charge and reimburse fees for existing infrastructure)
Storm Drain
801- 2801 -PWOO -3899
Storm Mains - including, manholes, catch basins
and other pertinences.
Developer responsibility is up to
and including 24" mains.
Half Pipe
Lineal Footaoe
18 inch
Main
$63.00
/ LF x
N OA =
$0.00
Fee 10 NS018 -1/2
21 inch.
Main
$69.00
/ LF x
N 0.0 =
$0.00
Fee ID N- SD21 -1/2
24 inch
Main
$70.00
/ LF x
N 0.0 =
$0.00
Fee ID NSD24 -1/2
27 inch
Main
$82.00
/ LF x
N OA =
50.00
Fee ID N-SD27 -112
30 inch
Main
589.00
/ LF x
N 0.0 =
$0.00
Fee ID N- SD30 -1/2
33 inch
Main
$91.00
/ LF x
N 0.0 -
$0.00
Fee ID N- SO33 -1/2
36 inch
Main
595.00
/ LF x
N 0.0 =
$0.00
Fee ID N- 5036 -1/2
42 inch
Main
$99.00
1 LF x
N d.0 =
$0.00
Fee ID N- SO42 -1/2
48 inch
Main
$117.00
! LF x
N 0'.0 =
$0.00
Fee 10 N -SD48 -112
54 inch
Main
$137.00
/ LF x
N 0.0 =
$0.00
Fee 10 N- 5054 -1/2
60 inch
Main
$158.00
/ LF x
N 0.0 =
S0.00
Fee fD N- SD60 -1/2
66 inch
Main
$179.00
! LF x
N 0.0 =
$0.00
Fee ID N- SD66.1 /2
72 inch
Main
$200.00
/ LF x
N 0.0 =
$0.00
Fee 10 N- SD72 -1/2
78 Inch
Main
$216.00
/ LF x
N 0:0 =
$0.00
Fee ID N- 5078 -1/2
84 inch
Main
5231.00
/ LF x
N 0.0 -
$0.00
Fee ID N- 5084.112
90 inch
Main
$246.00
/ LF x
N .0.0 =
$0.00
Fee ID N- SD90.1/2
96 inch
Main
S261.00
/ LF x
N 0A =
$0.00
Fee ID N- SD96 -1f2
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, reinspeetions.and inspections outside
of normal business hours will be billed as shown in the City of Gilroys most current comprehensive fee schedule at the hourly rates
in effect at the time of inspection.
Accepted by:
Prim Name:
Date:
5/b/2014 4:07 PM
$0.00
COST �OADffE062 /1iEdRla�1[BPJft @�Yract FilelTr XXXX- Gei6LomaTes Schedulss4;ost Fstfmates- InvoiraslPnase to ImprovemantslGlen Loma Phase 1A
OVERSI27NG 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" rmin
Oversized
Full Pipe $/foot
Full Pipe $/toot
Oversized Footage
Reimbursement
14 Inch
Main
$114.00
- $104.00
x 0.0'. =
50.00
N
16 Inch
Main
$124.00
$104.00
x 0.0 =
$0.00
N
18 Inch
Maln.
$135.00
$104.00
x 0.0 =
$0.00
N
20 inch
Main
$151.00
$104.00
x 0.0 =
S0.00
N
24 inch
Main
$164.00
$104.00
x 0.0 =
.$0.00
N
30 Inch
Main
$182.00
$ID4.00
x 0.0 =
S0.00
N.
36 inch
Main
$211.00
$1D4.00
x OA' =
S0.00
N
Taal Oversized Sewer Main Reimbursement
(Developer is responsible for up to and including 12" mains)
Oversized
Minimum 12" main
Oversized
Full Pipe SNaot
FtA Pipe S/foot
Oversized Footage
Reimbursement
15 inch
Main
$174.00
$166.00
x 0.0. =
50.00 .
N
18 Inch
Main
$186.00
$166.00
x 0.0 -
SO.00
N
21 inch
Main
$204. DO
$166.00
x 0.0 =
$0.00
N
24 inch
Main
$211.00
$166.00
x 0.0 =
$0.00
N
27 inch
Main
5244.00
S166.00
x 0.0 =
$0.00
N
30 inch
Main
$287.00
5166.00
x d.d =
50.00
N
33 Inch
Main
$315.00
$166.00
x 0.0 =
$0.00
N
36 inch
Main
S356.00
$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 t0 and including 24" mains)
Oversized
Minimum 24" main
Oversized
Full Pipe S/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
5140.00
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
- S140.00
x 0.0 =
$0.00
N
60 inch
Main
$315.00
$140.00
x 0.0 =
SD.00
N
5/0/2014 4:07 PM'
$0.00
50.00
$0.00
$0.00
COST f711M7 MMIDOE21041 Tact File \Tr XXXX- GerhomaTse Schedules-Cost Estimates- InvoiceMPhase 1A ImprovementslGnen Loma Phase 1A
5/6/2014 4:07 PM
Oversizing Schedule Continued
(Used to reimburse oversized in4astrvcture)
Oversized Storm Drain Main Reimbmnt Continued
Oversized
Minirrum 24" main
Oversized
Full Pipe $ /foot
Full Pipe $/foot
Oversized Footage
Reimbursement
fib inch Main
$357.00
- S140.00
x 0.0 =
50.00 N
72 inch Main
$399.00
$140.00
x 0.0 =
S0.00 N
78 inch Main
$431.00
$14000
x 0.0 =
S000 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 3[l C b£G6®sEAaB1 1�di 1uH PJ2;QEQEb'Ysct FieJr )XU- GI4Loma Fee Schedules -Cost Estimates- InvoiceslPhase to Improvements\Gten Loma Phase 1A
GLEN LOMA RANCH PHASE 1A
DEVELOPMENT COST SCHEDULE
1 Probable costs for each plan set will be updated with the final plan check submittal, at which time the
plan check /inspection fees will be finalized for that plan set.
Z Plan check and inspection fees will be due prior to the approval of each improvement plan set.
IMPROVEMENT PLAN 5ET
PROBABLE COST'
PLAN CHECK/
BOND / L.O.C.
INSPECTION FEE Z
AMOUNT
1.
Thomas Road /Luchessa Ave. RAB
$
959,802.00
$
82,784.16
$
959,802.00
2.
Charles Lux Drive
Includes School Improvements
$
796,370.00
$
69,709.60
$
796,370.00
and Cimino Drive
3.
Santa Teresa Blvd. /Miller RAB
Incl. Trail @ Vista Bella Frontage
$
1,907,528.00
$
158,602.24
$
1,907,528.00
and Water Line
4.
Phase 1A Rough Grading
$
1,567,500.00
$
131,400.00
$
250,000.00
S.
Onsite Backbone Infrastructure Impro%
$
5,000,000.00 I
$
406,000.00
N/A
Total Bond /L.O.0 Amount:
$
3,913,700.00
1 Probable costs for each plan set will be updated with the final plan check submittal, at which time the
plan check /inspection fees will be finalized for that plan set.
Z Plan check and inspection fees will be due prior to the approval of each improvement plan set.
GLEN LOMA RANCH PHASE 1A
DEVELOPMENT COST SCHEDULE
1 Probable costs for each plan set will be updated with the final plan check submittal, at which time the
plan check /inspection fees will be finalized for that plan set. .
2 Plan check and inspection fees will be due prior to the approval of each improvement plan set.
IMPROVEMENT PLAN SET
I
PROBABLE COST f
PLAN CHECK/
BOND/ LO.C.
INSPECTION FEE 2'2
AMOUNT
1.
Thomas Road /Luchessa Ave. RAB
$
959,802.00
$
82,784.16
$
959,802.00
2.
Charles Lux Drive
$
796,370.00
$
69,709.60
$
796,370.00
Includes School Improvements
and Cimino Drive
3.
Santa Teresa Blvd. /Miller RAB
Incl. Trail @ Vista Bella Frontage
$
1,907,528.00
$
158,602.24
$
1,907,528.00
and Water Line
4.
Phase 1A Rough Grading
$
1,567,500.00
$
131,400.00
$
250,000.00
I
S.
Onsite Backbone Infrastructure Impro%
$
5,000,000.00 +
$
4061000.00
N/A
_
i
Total Bond /LO.0 Amount:
$
3,913,700.00
1 Probable costs for each plan set will be updated with the final plan check submittal, at which time the
plan check /inspection fees will be finalized for that plan set. .
2 Plan check and inspection fees will be due prior to the approval of each improvement plan set.
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 22672608 Pages: 12
AMT PAID 52.00
REGINA ALCOMENDRAS RDE # 026
SANTA CLARA COUNTY RECORDER 8/06/2014
Recorded at the request of 3:01 PM
City
(SPACE ABOVE LINE FOR RECORDER'S USE)
First Amendment to Property Improvement Agreement No. 2014 -02
Glen Loma Ranch
County Assessor's Parcel Numbers
808 -19 -016, 808- 19 -018, and 808 -19 -019
4834- 3082- 2171v2
TMORELLl04706091.
FIRST AMENDMENT TO PROPERTY IMPROVEMENT AGREEMENT
(Glen Loma Ranch)
This First Amendment to Property Improvement Agreement ( "First Amendment") is entered
into as of this 1St day of July, 2014, by and between the City of Gilroy, a municipal corporation
( "City "), and Filice Family Estate, a California Limited Partnership, Santa Teresa Properties LLC, a
California limited liability company, John M. Filice Jr., Timothy J. Filice, Craig P. Filice,
individuals, each referred to individually as an "Owner" and collectively as the "Owners" and Glen
Loma Corporation, a California corporation, as the "Developer" ( "Developer "). Owner and
Developer are collectively referred to in this First Amendment as the "Responsible Parties."
WHEREAS City, on the one hand, and Responsible Parties, on the other, entered into that
certain Property Improvement Agreement No. 2014 -02, made and entered into as of May 5, 2014,
relating to Glen Loma Ranch, and recorded in the Santa Clara County Recorder's Office on
June 18, 2014 as Document No. 22624473 (the "Property Improvement Agreement "); and
WHEREAS the Property Improvement Agreement encumbers that certain real property
known as Glen Loma Ranch, Santa Clara County APN: 808 -19 -016, 808 -19 -018, and 808 -19 -019;
and
WHEREAS the Property Agreement contemplates that either a Letter of Credit or a Payment
Bond and Faithful Performance Bond may be delivered to the City for security purposes, and City
and Owners and Developer wish to supplement and modify the Property Improvement Agreement to
expressly provide for the terms and conditions governing the Responsible Parties' delivery of a
Letter of Credit for the purposes of the Property Improvement Agreement.
NOW THEREFORE, in consideration of the foregoing recitals and mutual covenants
contained herein, the parties agree as follows:
(1) LETTER OF CREDIT FORM OF FAITHFUL PERFORMANCE AND PAYMENT
SECURITY:
A. Amount and Purpose:
As an alternative to the delivery to the City of the Payment and Faithful
Performance Bonds described in the Property Improvement Agreement,
subject to the approval of the City Engineer, Responsible Parties may provide
City one or more irrevocable standby letters of credit ( "Letter of Credit ") in
the total amounts otherwise required to be bonded, and in a form, containing
terms, issued by a lending institution, and drawable in a location all
reasonably acceptable to City.
B. Requirements of Letter of Credit. The Letter of Credit shall be, among other things:
(i) subject to the International Standby Practices 1998, International Chamber
of Commerce Publication No. 590; (ii) irrevocable and unconditional; (iii) in
the amount of required of the Payment Bonds and Faithful Performance
48343082 -21714 -1-
TMORELL10470M
Bonds under the Property Improvement Agreement; and (iv) conditioned for
payment solely upon presentation of the Letter of Credit and a sight draft.
C. Issuin € Bank. The Letter of Credit shall be issued by a money - center bank (a bank
which accepts deposits, maintains accounts, has a Santa Clara County office
which will negotiate a letter of credit, and whose deposits are insured by the
FDIC) reasonably acceptable to City.
D. Expiration of Letter of Credit. The Letter of Credit shall expire no later than the date
approved by the City Engineer.
E. Draws. City may draw on the Letter of Credit, in whole or in part, from time to time,
at City's election in order to pay any sum owing to City, to pay or to
compensate City for any expense, loss or damage that City may suffer as a
result of Responsible Parties' failure to strictly comply with the terms of the
Property Improvement Agreement. City may use, apply, or retain the
proceeds of the Letter(s) of Credit to the same extent that City could have
used, applied, or retained a cash deposit that was provided to the City for
security pursuant to California Government Code 66499(a)(2). Section
Nothing in this First Amendment shall in any manner limit the remedies
otherwise available to City under the Property Improvement Agreement or
under applicable law should Responsible Parties fail to perform any
covenant, agreement, term or condition under the Property Improvement
Agreement.
F. Cooperation by Responsible Parties. Responsible Parties hereby agree to cooperate,
at its expense, with City to promptly execute and deliver to City any and all
modifications, amendments, and replacements of the Letter of Credit, as City
may reasonably request to carry out the terms and conditions of this First
Amendment.
IN WITNESS WHEREOF, City and Developer and Owners have executed this First
ment as of July 0, 20I 4
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
4834 - 3682- 2171v2
TMORELA4 i 6009?
C OF GILROY
Thomas Haglund
CITY ADMINISTRATOR
IN WITNESS WHEREOF Developer and Owners have executed this First Amendment to
Property Management Agreement as of July 1.!`, 2014,
DEVELOPER
GIen Loma Corporation
Jo M. Fili e .
OWNERS:
Filice Family Estates,
a California Limited Partnership
By: Its General Partner, Cugini Calabria LLC,
a California Limited Liability Company.
By:
John M. Filic J .
Title: Manager
Date: -7- 9- /q
By:
Title:
Date:
By:
Craig P. Filice
Title: Manager
Date: -? // 0//
4834.3082 -2171 v2 -�-
TMORELL104706091
Santa Teresa Properties LLC,
A California Limited Liability Company
By:
ilice Jr
Title: Manager
Date: 9 — 14
John . Filice J .
Date: 7- 9— 1 %
Timothy . Fi ice
Date:
Craig P. Filice
Date:
-711 o
-
Janice,filice
Date: 7— �5 f`f
4834 - 3082 -21714
TMORELL104706091
CALIFORNIA ALL-PURPOSE—ACKNOWLEDGMENT
State of California /�
County of nA-a C. [ar rL
On :1 Aj ro201� before me, �''^i,ck6t t_ �1�J��5 00+ -a.(y bl�� ,
—T Here Insert Name and rtle of the Officer r
personally appeared C�0.�ct► (< C� -
Name(s) of Signers)
MICHELE L. SILVERS
r' Commission s 2058291
c -i Notary Public - California i
= Santa Clara County --
Comm. ' Yx 15,201 01
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(sre subscribed to the
athin instrument and ackno ed to me that
he /they executed the 7hi e i hi er /their authorized
acity(ies), and that b e r eir signatures) 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
Signature Notary Public
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Description of Attached Document
Title or Type of Document: -!V'k VSfi A-ywe r-9 _ Ta �ifc�t(�y .S -✓V1� • l`tGt,(.
Document Date: -%- j - ) T Number of Pages:
Signer(s) Other Than Named Above: J Oy✓' (6 i i'
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer —Title(s): —
Partner — - . Limited General
Attorney in Fact
Trustee
_ Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
o( thumb here
Signer's Name:
Individual
Corporate Officer — Title(s): _
Partner — Limited General
=1 Attorney in Fact
Trustee
-� Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
r..
um
C 2007 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth. CA 91 31 3 -2402 - www,Nabona[Notary.org Item #5907 Reorder' call Toll-Free 1400$766827
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California ����
County of �af ,4Ct l..�&co_
On � �� before me, Y r t1 &ke)e
Date Here Insert Name and Title of the Officer _r
personally appeared -
Name(s) of Signer(s)
MICHELE L. SILVERS
Commission * 2058290
.�-: Nogry Public - California -
z Santa Clara County
Comm Mar 15, 2018
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)(Pare subscribed to the
within instrument and acknowledged to me that
&she/they executed the same i hi er/their authorized
capacity(ies), and that by(ot/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 TUL0,
Signature of N V Public
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Description of Attached Document r
Title or Type of Document: �( rSt ►11 � t� - `}�
Document Date: l — — % y Number of Pages: '� f
i
Signer(s) Other Than Named Above: l Vy_% o 1 \ 3 • 111 L4 _ AYEc� YGt c� p �� LZ
c�1'l t V'_ �� , c -c:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
_l Partner — _ Limited _ General _
Attorney in Fact •
Trustee Top of thumb here
Guardian or Conservator
CI Other:
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing.
RIGHT7HUN15PRiNT
CF SIGNER
02007 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item »5907 Reorder! Cab Toll-Free 1- 800-876-6827
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of :ssa q C
On T
�j ac�Iy�clnde L.Si�Je ✓� �1�-%7,c(y Al,c.
,W� � before me, ,
Date �1 Here Insert and Title of the officer
personally appeared 1 yr1 C n � _�T Na 1 �S> ms;gner(s)
MICHELE L. SILVERS
Commission # 2058291
MOfsry Public - California Z
Santa Clara Canny
Comm. 6 Tres Mar 15.201 8
who proved to me on the basis of tisfactory evidence to
be the person(s) whose name(s)re subscribed to the
ithin instrument and acknow dged to me that
she/they executed the �Niier/t e i hi er/their authorized
capaclty(ies), and that b eir signatures) 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.
A
Signature l �L�
Place Notary Seal Above Siqn re of Notary Public
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Title or Type of Document: =C V-41 An". +o IPro l ^! `� ►�.
Document Date: % - ' 1"4 Number of Pages: 4
Signer(s) Other Than Named Above: ::1 O �^n I Y\ . �; ( i t2 J C ( 4 11 -Ian t Lk,
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
Corporate Officer —Title(s): —
Partner — i1 Limited C General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
L Individual
i= Corporate Officer — Title(s): _
Partner —'-' Limited General
El Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUM BPR!NT
0= SIGNER
O2007 National Notary Association- 9350De Soto Ave. , PO. Box 2402- Chatsworth.CA91313- 2402- w%w.NationalNotary.org Itemk5907 Reorder: Call Tc&Fnre1- 800 - 8766827
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
On::�WV �5 , �-c71� before me, 1%�C�1el� [__ St1t/Q.VS 1<1�1usy j(�c.
IF Date Here Insert Name and7itle of the Officer
personally appeared
rA 111111111 MILE L. SILVERS
Coa1WASan 0 2058291
NMafy Pubk - California =
Siva Curs County
Caen. = UK 15.2018
Place Notary Seal Above
who proved to me on the basis of atisfactory evidence to
be the person(s) whose name(s rare subscribed to the
with instrument and acknowledcied to me that
he/ he hey executed the sam �eir hi Der authorized
capacity(ies), and that by hi heir signature(s) on the
instrument the person(s), or 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 � `L��^-SC�
Signatu of Notary Public
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Title or Type of Document: ��►S� P11L'r� 4 Pcz1� 4y T, �r
Document Date: -7—/—
Number of Pages:
F41
Signer(s) Other Than Named Above: okr, n- (t �I Le,,
Capacity(ies) Claimed by Signer(s) �a15 T2_ �—n ( tC�
Signer's Name:
Individual
Corporate Officer — Title(s):
Partner — ` -_ Limited General
- Attorney in Fact •
Top of thumb here
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Individual
Corporate Officer — Title(s):
Partner — C Limited General
Attorney in Fact
!- Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUtv1RPRINT
OF SIGNER
.. orthumb here
02007 National Notary Association • 9350 De Soto Ave- P0, Box 2402 -Chatsworth. CA 91313.2402 -w .NationalNotaryorg Item 05907 Reorder: Can Toll -Free 1-800- 876-6827
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County ofd_ o nh, = 0,11 ba , (,r;
�,_
On _ before me,
Date _
personally appeared
of
CtYfl. CODE § 1189
WITNESS Oz fficial seal.
Signature: &Q��
Place Notary Seal Above OPTIONAL Signature of Notary Public
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Document Date:
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Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Individual
Partner — Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Number of Pages:
Signer's Name:
Corporate Officer — Title(s):
Individual
r Partner — is Limited i_ General Top ottrx� flare
i_._' Attorney in Fact
Trustee
L Guardian or Conservator
L Other:
Signer Is Representing:
u
02010 National Notary Association • NationalNotary.org • 74800 -US NOTARY (t- 800.876-6827) Item #5907
who proved to me on the basis of satisfactory
evidence to be the person(!K whose name &c
subscribed to the within instrument and acknowledged
e that he heftti y executed the same in
)r authorized capacity(i9v, and that by
k�m
;f signature( on the instrument the
n($� or the entity upon behalf of which the
person(xacted, executed the instrument.
GMRIGA ALON10
Commission * 1931M
Notary Public - CWmnia
I certify under PENALTY OF PERJURY under the
Santa Clara county
laws of the State of California that the foregoing
My Comm. 15-2015
paragraph is true and correct.
WITNESS Oz fficial seal.
Signature: &Q��
Place Notary Seal Above OPTIONAL Signature of Notary Public
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Document Date:
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Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Individual
Partner — Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Number of Pages:
Signer's Name:
Corporate Officer — Title(s):
Individual
r Partner — is Limited i_ General Top ottrx� flare
i_._' Attorney in Fact
Trustee
L Guardian or Conservator
L Other:
Signer Is Representing:
u
02010 National Notary Association • NationalNotary.org • 74800 -US NOTARY (t- 800.876-6827) Item #5907
EXHIBIT "D"
INSURANCE REQUIREMENTS TO BE IMPOSED ON GLEN LOMA/FILICE FAMILY
ESTATES 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 Glen
Loma /Filice Family Estates and its contractor(s) (Glen Loma /Filice Family Estates 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.
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.