Loading...
PIA No. 95-08 - Kaufman and Broad r7 RECORDING REQUESTED BY: city of Gilroy WHEN RECORDED, MAIL TO: Susanne E. steinmetz ci ty of Gilroy 7351 Rosanna Street Gilroy, CA 95020 N 8 9 9 Pi' GE I 787 r~.- LI') rt=(o;~ l~ ~ (: ~~:~~~~J _~ ~ '\Yi~::~\=__.; ~ . 0>', I .... '.' . ','" '-"'~-J ., ~ ,-;"-" ~ ~?_L...~.!.- ~ 12930725 Ii f",tEU .': ~;:'.'~c PD i.lt T r ~'1 U E T l) F' - 9:9 /" / _)....7 c /~/ ~ Gc (r()j ,-.."- 1; it, 2 8 r.~, 1 t : U '3 ':.;..J d' ! O'T:~ SA N1,! ACI,A R A (..: b;~ . " (---;;" \1 1:-: j, (SPACE ABOVE THIS LINE FOR RECORDER'S USE) PROPERTY IMPROVEMENT AGREEMENT Tract 8663, The Vineyards, Phase I DOCUMENT TITLE photographic image may be poor due to condition of original document. SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 N 8 9 9 p~ GE I 788 RECORDING REQUESTED BY: ci ty of Gilroy WHEN RECORDED, MAIL TO: city of Gilroy 7351 Rosanna Street Gilroy, CA 95020 PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 95-08 This agreement made and entered into this 19th day of June , 1995, by and between the city of Gilroy, a municipal corporation, herein called the "city" and Kaufman & Broadr Inc. , a real property owner developer or subd~vider, herein called the "Developer". WHEREAS, a final map of subdivision, record of surveyor building permit (Site Clearance) application has now been submitted to the city for approval and acceptance, covering certain real estate known as and called: Tract 8663, The Vineyards - phase I and, WHEREAS, the Developer requires certain utilities and public works facilities in order to service the property under the minimum standards established by the city and, WHEREAS, the city, by and through its city Council, has enacted certain codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this agreement and, WHEREAS, the city has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by city, and for providing the necessary connecting system, general plant and appurtenances, and the city is agreeing to discharge those responsibilities. NOW THEREFORE, in consideration of the premises and in order to carrr on the intent and purpose of said codes, Ordinances, Resolutions and Regulations, ~t is agreed by and between the parties as follows: SECTION 1 That all codes, Ordinances, Resolutions, Rules and Regulations and established policies of the city and the laws of the State of California 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 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. SECTION 2 The Developer agrees: a. To perform each and every prov~s~on required by the city to be performed by the Developer in each and everyone of said Codes, Ordinances and other Regulations. b. To grant to the city without charge, free and clear of encumbrances, any and all stipulated easements and rights of way in and to his said real property necessary for the citr in order that its water, electricty, and/or sewer lines in or to sa~d real property may be extended. -1- N 8 9 9 p~ GE ! 789 c. To indemnify and hold the city harmless and free from all damage and liability done to any utility, public facility or other material or installation of the city on said real estate which the Developer or any contractor or subcontractor of the Developer, or any employee thereof, shall do in grading or working upon said real estate. d. To construct and improve all public works facilities and other improvements as set out herein, according to the standards heretofore established, and according to the grades, plans and specifications thereof, all as approved by the city Engineer, and shall furnish two (2) good and sufficient bonds. One shall be executed in the face amount of no less than $1,336,558.00, and the other shall be executed in an amount no less than 50% of the above mentioned bond and shall secure payment to the contractor, his subcontractors and to persons renting equipment or furnishin9 labor or materials to them for the improvement hereunder, and as prov~ded for in section 4200-4210 of the Government code of the state of California, the codes, ordinances, Resolutions, and Regulations of the city, and this agreement. The faithful performance bond hereinabove provided for, shall by the terms remain in full force and effect for a period of one (1) year after the completion and acceptance of said work, to guarantee the repair and replacement of defective material and faulty workmanship. In lieu of said faithful performance bond for maintenance, the Developer may furnish a maintenance bond in the amount of 10% of the total contract price (with a minimum amount of one thousand dollars $1,000.00) to cover the one (1) year maintenance period. e. That upon approval of the final map of the subdivision, the record of surveyor the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the city all sums, shown in section 9 thereof to be due under the terms and provisions of this agreement. SECTION 3 That all sums shown herein to be payable by the Developer to the city are due and payable to the city upon the execution of this agreement. SECTION 4 That all the provisions of this agreement and all work to be done pursuant to the terms of this agreement are to be completed within one year from and after the date and year first above written. SECTION 5 That the special provisions concernin9 the particular real estate referred to above, being attached hereto, are hereby ~ncorporated herein and expressly made a part of this agreement. SECTION 6 That the faithful and prom~t ~erformance by the Develo~er of each and every term and condition contained here~n ~s made an express condit~on precedent to the duty of the city to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the city from any and all obligations hereunder and the city, at its election, may enforce the performance of any provision herein, or any right accruing to the City or mar pursue any remedy whatsoever it may have under the laws of the State of Cal~fornia or the codes, ordinances, Resolutions of the city, in the event of any such default by Developer. SECTION 7 That this agreement, together with the attached stipulations, is an instrument affecting the title or possession of the real property described in Exhibit A. All the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of the successors in interest of Developer. Upon the sale or division of the property described in Exhibit A, the terms of this agreement shall apply separately to each parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement. -2- N 8 9 9 pn GE 790 SECTION 8 That the following General stipulations and the attached stipulations shall be completed subject to the approval of the Director of public Works. 1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilites. NOTE: The capping of any well will require inspection by the Santa Clara valley Water District. 2. schedule the construction of im~rovements alon9 existing public roads so that the work affecting veh~cular traffic ~s completed with a minimum interruption to traffic. 3. All work within the public right-of-way shall be subject to the approval of the city Engineer. 4. Before construction utilizing combustible materials may proceed, an all weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 500 feet of each ~ortion of the site wherein this construction is to take place. Locat~on of the fire hydrants will be determined by the Fire chief. SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $255,263.55 this agreement as of June 19, 1995 . ~, ~~ IN WITNESS WHEREOF Owner has executed this agreement as of Kaufman & Broad - Monterey Bay, Lie. NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. -3- N 8 9 9 PA GE I 7 9 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No, 5907 State of County of C nil fDflr'l l_ YYl u r\. t-e Nv" On 6pr-L~{ II I (~' ('/ '> before me, 6,")..t; \orlr<c- Sy.~_@('~[>~jO fl_t\'"L-, .V 1:/ to..'11 Fv'01, DATE I , NAME, T1TL7 OF OFFICER. E,G" "JANE DOE, NOtARY PUBLIC" personally appeared 30 h 0 H. B rc lUll 0," J , NAME(S) OF SIGNER(S) ~. personally known to me - OR - D 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 ac- knowledged 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. t ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .Ll ~ BARBARA SHEPARD-ORTIZ < ~." .t..~~..:,. ~~,.~. COMM, # 1014885 ~ ~ ; ~~_,; ': ; Notary Public - California ~ '-';", "V' SAN BENITO COUNlY I J ~ My Comm. Expires JAN 20. 1998 ................................................................................................. WITN ESS my hand and official seal. J3~;2 ~-()I'~ . SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-iN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave" P,O, Box 7184' Canoga Park. CA 91309-7184 9 9 PA GE ! 792 q ~ ^' .i / '( ~~ VICINITY SITE MAP Tract No. 8663 The Vineyards, Phase I Thomas Road N 8 9 9 Pl\ GE I 793 stipulations to Property Development Agreement No. 95-08 1. The Developer shall perform all improvements per the approved improvement plans for Tract 8663 as prepared by Greiner, Inc. 2. within sixty (60) days of the execution of this improvement agreement, the city shall reimburse the developer $88,940.12 from the storm drain improvement fund. Breakdown size Lenqth cost Per Foot ($/ft.) Total Cost 42" 78" 84" 829 1191 33 $62 - $44 $98 - $44 $104 - $44 18 54 60 $14,922.00 64,314.00 1,980.00 Sub-Total $81,216.00 Previous storm Drain Area Fees 12,373.40 Sub-Total $93,589.40 Minus Credit on cost schedule $4,649.28 Total Storm Reimbursement $88,940.12 3. within sixty (60) days of the execution of this property agreement, the city shall reimburse the developer $5,408.75 from the utility Undergrounding Fee. 4. The Traffic Impact Fee has been credited previously paid fees and allowable credit for Thomas Road. Thomas Road T.I.F. payback 750 L.F. x 24' wide x 3.15 previously paid amounts $56,700.00 = 14,170.86 Total Credit as Shown on Cost schedule $70,870.86 Da N 8 9 9 P,' GE I 794 DATE: 06-Apr-95 CITY OF GILROY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION FINAL CHARGES ALL PARK, POLICE & FIRE DEVELOPMENT FEES HAVE BEEN DEFERED TO BUILDING PERMIT. Thomas Road (app. 400' SW of Thomas Rd. Bridge) NUMBER: 95-08 PROJECT LOCATION: PARCEL NUMBER: 808-20-016 OWNER/DEVELOPER: Kaufman and Broad Inc. MAILING ADDRESS: 1604 N. Main St., Suite 0, Salinas, Ca. 93906 TELEPHONE NO: 408-442-7615 PREPARED BY: Mark Fachin Account No. Key Code Fee: Credits: Amount Due: Account Description: 100-2600-3-600400 4904 $7,910.28 $7,857.42 $52.86 Special Public Works Serv 100-2600-3-600412 4702 $97,559.06 $29,449.49 $68,109.57 Engring Plan Check & Insp 410-2400-3-629000 3302 $296,098.00 DEFERED TO BLDG PERMIT Park Development Fee 420-2600-3-680200 4501 $4,649.28 $4,649.28 $0.00 Storm Development Fee 431-2600-3-680300 5001 $0.00 $0.00 $0.00 Utility Undergrounding Fee 432-2400-3-625000 3301 $1,683.00 $0.00 $1,683.00 Str Tree Development Fee 433-2600-3-681000 4905 $117,906.00 $70,870.86 $47,035.14 Traffic Impact Fee 434-1400-3-680000 4402 $15,437.00 DEFERED TO BLDG PERMIT Police Development Fee 435-2600-3-671000 4509 $117,261.00 $27,820.00 $89,441.00 Sewer Development Fee 436-2600-3-695000 4510 $66,779.00 $22,994.75 $43,784.25 Water Development Fee 437-1500-3-680000 4511 $3,397.00 DEFERED TO BLDG PERMIT Fire Development Fee 720-0433-3-690000 2202 $7,500.51 $2,342.78 $5,157.73 Const Water Use Fee 801-0000-2-229015 4703 $0.00 $0.00 $0.00 Reimbursements 801-0000-2-229015 4703 $0.00 $0.00 $0.00 801-0000-2-229015 4703 $0.00 $0.00 $0.00 Totals..... ...... ..... $736,180.13 $165,984.58 $255,263.55 Note: Within sixty days of the execution of this agreement Bonds and Securities $2,004,837 an amount of $88,940.12 shall be reimbursed from the storm drain f ----------- and $5,408.75 will be reimbursed from the utility undergrounding fun ----------- SERVICE CHARGES (1) N 8 9 9 pn GE ! 795 DEFER PARK, POLICE & FIRE DEVELOPMENT FEES? Y CITYOF GILROY DEPARTMENT OF PUBLIC WORKS DATE: 06-Apr-95 ENGINEERING DIVISION FINAL COST SCHEDULE NUMBER: 95-08 ALL PARK, POLICE & FIRE DEVELOPMENT FEES HAVE BEEN DEFERED TO BUILDING PERMIT. PROJECT LOCATION: Thomas Road (app. 400' SW of Thomas Rd. Bridge) PARCEL NUMBER: 808-20-016 OWNER/DEVELOPER: Kaufman and Broad Inc. MAILING ADDRESS: 1604 N. Main St., Suite 0, Salinas, Ca. 93906 TELEPHONE NO: 408-442-7615 PREPARED BY: Mark Fachin NOTE: This 100 % cost schedule has been adjusted to the rates in effect at the time building permits wer issued. All Park, Police & Fire development impact fees have been defered and will be collected with the buildin permit fees. Site Information: N Residential-Low? N Residential-High? N Commercial-Low? N Commercial-High? N Industrial-General? N Industrial-Warehouse? N Assembly Hall? Common Area? Commercial/Industrial Allocations: Reimbursements and credits: N Country Estates Water System? N Country Estates Sewer System? Acres: 13.920 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Lots: 43 o o o o o o Units: 43 o Sq Ft: Sewer GPO: o o o o o o o Water GPO: o N Northwest Quadrant Sewer? N Obata Industrial Park Credit? Front Footage for Front Foot Charges and Construction Water: Street Tree FF: Water FF: Sewer FF: Storm FF: 4,950.00 0.00 0.00 0.00 Special Public Works Services 100-2600-3-600400 Maps: Final $3,025.00 + $50.00 / lot Parcel $1,070.00 + $100.00 / lot Reapportionment (Assessment District Parcels) $1,767.00 + $100.00 / lot Administration Fees: Country Estates Water System (Not Included) Country Estates Sewer Trunk Main (Not Included) Northwest Quadrant Sewer Trunk Main (Not Included) COST SCHEDULE (1) Construction Water FF: 2,000.00 $7,910.28 $7,910.28 100% Y $5,175.00 $0.00 $0.00 = N = N = Y $0.00 $0.00 = Y = Y $0.00 = N 8 9 9 Pt\ GE , 796 Miscellaneous Engineering Services: (Cost Schedules, Agreements, RIW Reviews and Other Misc. Services) 32 hr Misc Services $77.00 I hr. Y $2,464.00 = Public Works Microfilming (Maps and Plans): 1- 6 shts $149.94 + $6.62 I sheet = $0.00 $271.28 Y 7-12 shts $191.84 + $6.62 I sheet Y = $0.00 13-18 shts $233.73 + $6.62 I sheet Y = # of Shts 12 100% $97,559.06 $97,559.06 Engring Plan Check and Inspection (Based on total cost of public right-of-way improvements) 6 hr Site grading 100-2600-3-600412 Actual Cost of Public Improvements N = $1,336,558 Y = Y = Y = $1,336,558 $0.00 $77.00 I hr. 10% of first $100,000 $10,000.00 8% of $100,000 - $200,000 $8,000.00 7% over $200,000 $79,559.06 Offsite Improvements to be Bonded Park Impact Fee PARK FEE DEFERED TO BUILDING PERMIT 410-2400-3-629000 $296,098.00 100% $296,098.00 a. Residential-Low $6,886.00 I unit Y $296,098.00 = b.Residential-High $4,918.00 I unit Y $0.00 = a.Residential-Low $334.00 I acre 100% Y $4,649.28 = Y $0.00 = Y $0.00 = Y $0.00 = Y $0.00 = Y $0.00 = $4,649.28 $4,649.28 Storm Drain Impact Fee 420-2600-3-680200 b.Residential-High $501.00 I acre c.Commercial $668.00 I acre d.lndustrial $751.00 I acre e.Assembly Hall $334.00 I acre Obata Industrial Park Credits (Based on reimbursements due from oversized storm facilities) Obata Fee Credit $1,170.00 I acre COST SCHEDULE (2) Utility Underground Fee $118.36 / f.t. x Street Tree Fee a.City Planting and Replacement $2.45 / fJ. x b.lnspection and Replacement $0.34 / f.t. x Traffic Impact Fee a.Residential-Low b.Residential-High c.Commercial-Low Traffic (<= 4 trips/1 000 sf) d.Commercial-High Traffic (> 4 trips/1 000 sf) e.lndustrial-General f.lndustrial-Warehouse Police Impact Fee a. Residential-Low b.Residential-High c.Commercial d.lndustrial COST SCHEDULE ~, 8 9 9 PA GE I 797 431-2600-3-680300 $0.00 100% $0.00 Front Footage N 0.00 = 432-2400-3-625000 $1,683.00 100% $1,683.00 Front Footage N 0.00 = $0.00 = y 4,950.00 = $1,683.00 = 433-2600-3-681000 $117,906.00 100% $117,906.00 $2,742.00 / unit y $117,906.00 = $2,222.00 / unit Y $0.00 = $3,032.00 / k.s.f. Y $0.00 = $6,127.00 / k.s.f. Y $0.00 = $1,184.00 / k.s.f. Y $0.00 = $872.00 / k.s.t. Y $0.00 = POLICE FEE DEFERED TO BUILDING PERMIT 434-1400-3-680000 $15,437.00 100% $15,437.00 $359.00 / unit Y $15,437.00 = $529.00 / unit Y $0.00 = $561.00 / k.s.t. Y $0.00 = $18.00 / k.s.t. y $0.00 = (3) N 8 9 9 Pf1 GE i 798 Sewer Impact Fee 435-2600-3-671000 $117,261.00 $117,261.00 b.Residential-High 100% __"_ $2,727.00 I unit Y $117,261.00 = $1,948.00 I unit Y $0.00 = 100 gals.lday Y $0.00 = y $0.00 = a. Residential-Low c. Commercialll ndustrial $950.00 I Country Estates Sewer Trunk Main (Not Included) Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531.00 I acre $0.00 y = b.Residential-High 436-2600-3-695000 100% $1,553.00 I unit Y $66,779.00 = $1,109.00 I unit Y $0.00 = 1,000 gals.lday Y $0.00 = $66,779.00 $66,779.00 Water Impact Fee a. Residential-Low c. Commercialll ndustrial $2,360.00 I Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154.00 I acre $0.00 y = Fire Impact Fee FIRE FEE DEFERED TO BUILDING PERMIT 437-1500-3-680000 $3,397.00 100% $3,397.00 $2.58 I f.f. $79.00 I unit Y $3,397.00 = $105.00 I unit Y $0.00 = $70.00 I k.s.f. Y $0.00 = $9.00 I k.s.f. Y $0.00 = 720-0433-3-690000 Y $7,500.51 100% = $7,500.51 + $168.14 I a.c. (4) a. Residential-Low b.Residential-High c.Commercial d.lndustrial Water User Fee (Construction) COST SCHEDULE Na 9 9PtlGE! 799 Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) Water 801-0000-2-229015 $0.00 100% $0.00 Water Mains, including fire hydrants, valves and box: (Developer is responsible for up to and including 12" mains) Half Pipe Front Footage 6" Main $12.50 I f.f. x N 0.00 = $0.00 = 8" Main $13.50 I f.f. x N 0.00 = $0.00 = 10" Main $15.00 I f.f. x N 0.00 = $0.00 = 12" Main $16.50 I f.f. x N 0.00 = $0.00 = 14" Main $18.50 I f.f. x N 0.00 = $0.00 = 16" Main $20.50 I f.f.x N 0.00 = $0.00 = Country Estates Water System Y $0.00 (Not Included) = Sewer 801-0000-2-229015 $0.00 100% $0.00 Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) Half Pipe Front Footage 6" Main $12.00 I f.f. x N 0.00 = $0.00 = 8" Main $12.50 I f.f. x N 0.00 = $0.00 = 10" Main $14.00 I f.f. x N 0.00 = $0.00 = 12" Main $15.50 I f.f. x N 0.00 = $0.00 = 15" Main $19.00 I f.f. x N 0.00 = $0.00 = Northwest Quadrant Sewer Trunk Main y $0.00 (Not Included) = Country Estates Sewer Trunk Main y $0.00 (Not Included) = COST SCHEDULE (5) ~~ 8 9 9 Pl\ GE I 800 Street Improvements 801-0000-2-229015 $0.00 100% $0.00 Pavement Square Footage 3" AC on 8" AS $2.42 x 0.00 = $0.00 3" AC on 10" AS $2.71 x 0.00 = $0.00 3" AC on 12" AS $2.99 x 0.00 = $0.00 3" AC on 15" AS $3.43 x 0.00 = $0.00 Square Footage Sidewalk 4" on 4" $4.43 x 0.00 = $0.00 and driveway Front Footage Curb/Gutter on 6" $14.39 x 0.00 = $0.00 Storm Drain 801-0000-2-229015 $0.00 100% $0.00 Storm Mains, including manholes and catch basins: (Developer is responsible for up to and including 24" mains) Half Pipe Front Footage 18" Main $19.00 / f.f. x N 0.00 = $0.00 = 21" Main $20.50 / f.f. x N 0.00 = $0.00 = 24" Main $22.00 / f.f. x N 0.00 = $0.00 = 27" Main $23.50 / f.f.X N 0.00 = $0.00 = 30" Main $25.00 / f.f. x N 0.00 = $0.00 = 33" Main $26.50 / f.f. x N 0.00 = $0.00 = 36" Main $28.00 / f.f. x N 0.00 = $0.00 = 42" Main $31.00 / f.f. x N 0.00 = $0.00 = 48" Main $34.00 / f.f. x N 0.00 = $0.00 = 54" Main $37.00 / f.f. x N 0.00 = $0.00 = 60" Main $40.00 / f.f. x N 0.00 = $0.00 = 66" Main $43.00 / f.f. x N 0.00 = $0.00 = 72" Main $46.00 / f.f. x N 0.00 = $0.00 = COST SCHEDULE (6) N 8 9 9 P/~ GE 801 78" Main $49.00 / f.f. x N 0.00 = $0.00 = 84" Main $52.00 / f.f. x N 0.00 = $0.00 = 90" Main $55.00 / f.f.X N 0.00 = $0.00 = 96" Main $58.00 / f.f.x N 0.00 = $0.00 = Bonds and Securities * Not included in TOTAL DUE 801-0000-2-229015 * $2,004,837 (Estimated) NOTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the time Building Permits are issued. The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimate fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference. COST SCHEDULE (7)