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PIA No. 2005-23 - Mussallem, Neil RECORDING REQUESTED BY: DOCUMENT: 18751556 //1/1/1//11/111//11111" 1.1I11/ Pages: 20 Fees 6400 T aXE~S Copies AMT PAID 64 00 City of Gilroy WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE ** 008 12/30/2005 1248 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No: 2005-23 Tract 9768 - Willow Brook, 7861 & 7891 Miller A venue APN: 808-13-009 and 808-13-010 Neil Mussallem, Niles Development, LLC, A California Limited Liability Company Robinson, et al -1- 11/29/2005 PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. 2005-23 This agreement is made and entered into this ~ day of l)ecef\A-~H) H ,.;20oS' by and between the City of Gilroy, a municipal corporation, herein called the "City" and both Niles Development, LLC and Robinson, et aI, real property owners, developers or subdividers, 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 9768 - Willow Brook, 7861 & 7891 Miller Avenue 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, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein, Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code, -2- 11/30/2005 SECTION 2 The Developer agrees: a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances, Resolutions, Rules and other Regulations and to comply with the foregoing and all applicable laws.. b, To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of way in and to his said real property necessary for the City in order that its water, electricity, and/or sewer lines in or to said real property may be extended. c. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorneys' fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said real estate 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 real estate; 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 in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in the amount of ten percent (10%) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one-year maintenance period, -3- 11/29/2005 The Payment Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance's website (www.insurance.ca.gov ) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. e, 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. f. At all times during the term of this agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee" and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees, Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this agreement or actually carried by Developer in connection with the work described in this 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 -4- 11/29/2005 a claims made basis and shall be issued by insurance companies acceptable to City, Prior to commencing any work pursuant this agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That except as otherwise expressly provided in this Agreement, 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 to City's satisfaction within one year from and after the date and year first above written. Developer shall maintain such public works facilities and other improvements described in this agreement at Developer's sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property. SECTION 5 That the special provisions concerning the particular real estate referred to above, being attached hereto, are hereby incorporated herein and expressly made a part of this agreement. SECTION 6 That the faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by Developer. SECTION 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 City, Developer and 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. -5- 11/29/2005 SECTION 8 That the following General Stipulations and the attached stipulations shall be completed subject to the approval of the Community Development Director. 1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is 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 150 feet of each portion of the site wherein this construction is to take place, Location of the fire hydrants will be determined by the Fire Chief. 5. All construction work shall be coordinated so that the existing residents have access to their properties. 6, Off-site public improvements shall be installed per the approved Improvement Plans. 7, The developer shall pay to the City reimbursement amounts as shown on the attached final cost schedule to cover improvements installed under the Country Estate Tract 8136 Property Improvement Agreement that benefited this property. 8. The Developer shall provide to the City of Gilroy electronic copy of the final map as an AutoCAD drawing file (DWG format, AutoCAD 2002 maximum). 9. Before issuance of any building permit, all roadway infrastructures shall be in place and covered with an all weather road subject to the approval of the City Engineer. 10. Any reimbursements due the Developer, unless specified otherwise in writing in this agreement, will expire ten (10) years after the date of execution of this agreement. -6- 1 1/29/2005 .SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions, TOT AL AMOUNT DUE CITY $ 35,675.46 IN WITNESS WHEREOF, City has executed this agreement as of \ 1... -l., ~ 0 ~ ATTEST: ~' ii . ~tLV~ Rhonda Pellin CITY CLERK APPROVED AS TO FORM: c~j.~ CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agreement as of I (h ~/tJ ;,i/l( I jf " OWNERS: BY: ?tit LiL-i~iJji~~ . 0/,,/1-./ ,,, f,..r. Neil Mussallem, Niles Dev opment, LLC A California Limited Liability Company ~~-'#~ ~ BY: Winn Francois Robinson, as trustee fo~ndy Diane Robinson, as to an undivided 1/4 interest; Winn Francois Robinson, as Trustee for Richard Winn Robinson, as to an undivided 1/4 interest; Winn Francois Robinson, as trustee for Richard Winn Robinson and Wendy Diane Robinson, as to an undivided 1/4 interest. 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, Property Improvement Agreement No. 2005-23 -7- 11/29/2005 . , STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No. 2005-23, Tract 9768 - Willow Brook, 7861 & 7891 Miller Avenue, APN: 808-13-009 and 808-13-010, Neil Mussallem, Niles Development, LLC, A California Limited Liability Company, Robinson, et a1 On December 6, 2005, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ~~VA~ Signature of Notary Public ,;------- e ~~-~1 j ~#1581056 ! .-r~-calltomla f ---~~~~~ per GC Sec, 40814; CC Sec. 1181 (Notary Seal) Property Improvement Agreement No. 2005-23 STATE OF CALIFORNIA ) )ss, COUNTY OF SANTA CLARA ) On /1'l'J~osbefore me, \J; II /Y1 GOhl'J. .s II'\.- , personally appeared ,v.t:/ L. I'1l1s S Ii /le,~ -( t.J:nn /~r ~ n C D / ..r ~~ b/n .s 111'1 personally known to me (or 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. WITNESS my hand and official seal. Signature ~:'l'l:~~~ ~ " ';:. -JilL M. JOHNSON en o . "'.... . COMM. #1343282 ';I" ~ :!'~. NOTARY PUBlIC.CALIFORNIA 0::'" v'{ . SANTA CLARA COUNTY 1tl.'-....r.c-Tnnn My\::=.1:~2006 If ~,.;,A....c..,.ii>'\,:.._""""~1),..-A>>\."'~, _ - _ _ A 60..... -8- 11/29/2005 ENCOMPASS NO DATE NUMBER PROJECT LOCATION PARCEL NUMBER OWNER/DEVELOPER MAILING ADDRESS TELEPHONE NO PREPARED BY Account No. Key Code CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED E1 1><1 ":'fNoV~20()$................ W~4UQW$$QQK 7@j,@~fi\liM.:ER AVE. Revised: Revision Number: 11/29/2005 ..IIMMAr$$"tRl 100-2601-0000-3625 4904 $1,91018 1 00-2601 -0000-3605 420-2600-0000-3660 432-2600-0000-3660 433-2600-0000-3660 435-2600-0000-3660 436-2600-0000-3660 440-2600-0000-3660 720-0433-0000-3620 801-2601-PWDO-3899 801-2601-PWDO-3899 Payment Bond Performance Bond COST SCHEDULE 4702 $32,60256 4501 $0.00 3301 $000 4905 $54,648.00 4509 $68,412.00 4510 $20,790.00 4515 $117,85200 2202 $1,162.72 4703 $0.00 4703 $332,532 $332,532 Fee: Credits: Amount Due: Account Description. Paid on Invoice # $1,910.18 Special Public Works Serv $32,602.56 Engring Plan Check & Insp $0.00 Storm Development Fee $0.00 Str Tree Development Fee DEFERED TO BUILDING PERMIT Traffic Impact Fee DEFERED TO BUILDING PERMIT Sewer Development Fee DEFERED TO BUILDING PERMIT Water Development Fee DEFERED TO BUILDING PERMIT Public Facility Impact Fee $1,162.72 Canst Water Use Fee $0.00 Reimbursements $0.00 Other Reimbursements Total $35,675.46 Fees Last Revised January 1, 2005 (1) WILLOW BROOK 7861 7891 MILLER AVE ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER OWNER/DEVELOPER MAILING ADDRESS: TELEPHONE NO PREPARED BY CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED E1 I 3-Nov-2005 WILLOW BROOK 7861,7891 MILLER AVE, 11/29/2005 JIM MAESTRI COST SCHEDULE TYPE PRELIMINARY ESTIMATE ?N FINAL FEES? IDEFER PUBLIC FACILITY FEE? DEFER SEWER, WATER, TRAFFIC FEES? NOTE: This Final Cost Schedule has been adjusted to the rates currently in effect. INCENTIVE AGREEMENT FEES ONLY ?N< .., ............... TO PERMIT ?y' TO FINAL ?~< TO PERMIT? Y TO FINAL? N Site Information: Residential-Low? Residential-High? Commercial-Low? Commercial-High? Industrial-General? Industrial-Warehouse? Assembly Hall? Common Area? Gross Acres: Lots. Units: Sewer GPD: Water GPD Commercial/Industrial Allocations: Reimbursements and credits: Country Estates Water System? Southeast Quadrant Hydrology Study? Obata Industrial Park Credit? Front Footage/Square Footage Charges and Construction Water: Street Tree FF: Water FF: Special Public Works Services Maps: Final Map Parcel Map Sq Ft Sewer FF: Storm FF: Const Water Acres to be Construction Water FF: Pavement SF: Median SF: Sidewalk SF: Curb/Gutter FF: 1 00-2601 -0000-3625 $1,565.00 + $10.00 / lot y $1,625.00 Fee ID NO-FINALM N $000 Fee ID NO-PARCELM N $000 Fee ID N-ASSESM }\!:: $000 Fee ID N-SD-QUADA $1,630.00 + $10.00 / lot Re-assessment Map (Assessment District Parcels) $175.00 + $20.00 / lot Administration Fees: Southeast Quadrant Hydrology Study (Not Included) Scanning Fee ::::::ti # of Map & $8 00 / sheet $7200 Fee ID NO-SCAN :y: Plan sheets Fees Last Revised January 1, 2005 $1,910.18 WILLOW BROOK 78617891 MILLER AVE 11/29/2005 COST SCHEDULE (2) Fees Last Revised January 1, 2005 WILLOW BROOK 78617891 MILLER AVE Miscellaneous Engineering Services: (Cost Schedules, Agreements. R/VI/ Reviews and Other Misc. Services) Misc Services $10659 1 hr. Engring Plan Check and Inspection (Based on total cost of public right-of-way improvements) Site grading and reinspection charges 1 00-2601 -0000-3605 $106.59 1 hr Estimated Cost of Public Improvements 12% $0 # $100,000 ....... ....",.. .$~::fu,~i:fu 10% $100,000 $200,000 80/0 $200.000 over Payment Bond Amount for Offsite Improvements Performance Bond Amount for Offsite Improvements ............-.-................. ..... ____d...... ...::.:<< ii.$$32:$$2::: .$~i:fu,~$i Impact Fees: Storm Drain Impact Fee 420-2600-0000-3660 a. Residential-Low $626 00 1 acre b.Residential-High $98300 1 acre c.Commercial $1,696.00 1 acre d.lndustrial $1,252.00 1 acre e.Assembly Hall $626.00 1 acre Obata Industrial Park Credits (Based on reimbursements due from oversized storm facilities) Obata Fee Credit $1.170.00 1 acre Street Tree Fee 432-2600-0000-3660 Front Footage a.City Planting and Replacement $256 1 U x b.lnspection and Replacement $0.36 1 U x Traffic Impact Fee 433-2600-0000-3660 a. Residential-Low $9.108.00 1 unit $7,383.00 unit $10,07600 k.s.f. $20.35400 1 k.s.!. $3,994.00 k.s.f. $2.895.00 k.sl. (3) b. Residential-High c. Commercial-Low Traffic (< 10.75 trips/1 000 sf) d.Commercial-High Traffic (>= 10.75 trips/1 000 sf) e.lndustrial-General f.lndustrial-Warehouse COST SCHEDULE 11/29/2005 x $213.18 Fee ID N-MISC $32,60256 N $000 Fee ID NO-GRADINS Fee ID NO-PLANCHK y $12,000.00 Y. $10,00000 x $10.602.56 $000 M $000 Fee ID NO-SD-LD $000 Fee ID NO-SD-HD $000 Fee ID NO-SD-C $000 Fee ID NO-SD-I $000 Fee ID NO-SD-AH $0.00 Fee ID N-SD-OBATA $000 $000 Fee ID NO-TREEPL T $0.00 Fee ID NO-TREEINS DEFERED TO BUILDING PERMIT $54.648.00 Fee ID N1-TRAF-LD $0.00 Fee ID N2-TRAF-HD $000 Fee ID N3-TRAF-CL $000 Fee ID N3-TRAF-CH $000 Fee ID N4-TRAF-IG $000 Fee ID N4-TRAF-IW Y y Y y x y y y y x :y. Fees Last Revised January 1, 2005 WILLOW BROOK 78617891 MILLER AVE DEFERED TO BUILDING PERMIT $68,412.00 Fee ID N1-SS-LD $000 Fee ID N2-SS-HD $000 Fee ID N5-SS-C/1 $0.00 Fee ID N-SS-OBATA DEFERED TO BUILDING PERMIT $20,790.00 Fee ID N1-WATR-LD $000 Fee ID N2-WATR-HD $000 Fee ID N5-WTR-C/1 $000 Fee ID N-WR-OBATA DEFERED TO BUILDING PERMIT $117,852.00 Fee ID N1-PF-LD $000 Fee ID N2-PF-HD $000 Fee ID N3-PF-C $000 Fee ID N4-PF-1 X $1,16272 $966 00 Fee ID NO-CONWTFF $19672 Fee ID NO-CONWTAC Sewer Impact Fee a.Residential-Low 435-2600-0000-3660 $11,40200 / unit yo b. Residential-High $6,170.00 / unit y c.Commercial/lndustrial $3,608.00 / cgpd Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531.00 / acre y y Water Impact Fee a. Residential-Low 436-2600-0000-3660 $3,465.00 / unit Y bResidential-High $1,401.00 / unit y c.Commercial/lndustrial $5,431.00 / kgpd Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154.00 / acre yo y Public Facilities Impact Fee a. Residential-Low 440-2600-0000-3660 $19,642.00 / unitY b. Residential-High $16,639.00 / unit Y $2,85600 / k.s.f. yo $1,268.00 / k.s.f. Y c.Commercial d.lndustrial Water User Fee (Construction) 720-0433-0000-3620 $276 / ff plus $16814 / a.c. Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) Water Water Mains, including fire hydrants, valves and box: (Developer is responsible for up to and including 12" mains) Half Pipe 6 inch Main $4100 LF x 801-2601-PWDO-3899 Lineal Footage ...... - -------......... l\i/....,">O:O= $000 Fee ID N-WR06-1/2 $000 Fee ID N-WR08-1/2 $0.00 Fee ID N-WR1 0-1/2 $000 Fee ID N-WR12-1/2 $0.00 Fee ID N-WR14-1/2 $000 Fee ID N-WR16-1/2 $000 Fee ID N-WR18-1/2 $000 Fee ID N-WR24-1/2 $000 Fee ID N-WR30-1/2 $000 Fee ID N-WR36-1/2 $000 Fee ID N-WR-RESCE 8 inch Main $4300 LFx 10 inch Main $4900 LF x 12 inch Main $5400 / LF x 14 inch Main $60 00 LF x 16 inch Main $65.00 LF x 18 inch Main $7100 / LF x 24 inch Main $79 00 / LF x 30 inch Main $86.00 / LF x 36 inch Main $11100 / LF x Counlry Estates Water System y Fees Last Revised January 1, 2005 11/29/2005 $000 WILLOW BROOK 7861 7891 MILLER AVE 11/29/2005 (Not Included) COST SCHEDULE (4) Fees Last Revised January 1, 2005 WILLOW BROOK 7861 7891 MILLER AVE 11/29/2005 Front Foot Charges: Sewer 801-2601-PWDO-3899 $0.00 Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) Halt Pipe Lineal Footage 6 inch Main $76.00 1 LF x :N' :::::iio= $000 Fee 10 N-SS06-1/2 8 inch Main $78.00 1 LF x $000 Fee 10 N-SS08-1/2 10 inch Main $85.00 1 LFx $000 Fee 10 N-SS10-1/2 12 inch Main $8700 1 LF x $000 Fee 10 N-SS12-1/2 15 inch Main $9100 LF x $000 Fee 10 N-SS15-1/2 18 inch Main $98 00 1 LFx $000 Fee 10 N-SS18-1/2 21 inch Main $10700 LF x $000 Fee 10 N-SS21-1/2 24 inch Main $11100 1 LF x $0.00 Fee 10 N-SS24-1/2 27 inch Main $128.00 1 LF x $000 Fee 10 N-SS27-1/2 30 inch Main $150.00 1 LF x $0.00 Fee 10 N-SS30-1/2 33 inch Main $16500 1 LF x $000 Fee 10 N-SS33-1/2 36 inch Main $187.00 1 LF x $000 Fee 10 N-SS36-1/2 39 inch Main $221.00 LF x $000 Fee 10 N-SS39-1/2 42 inch Main $27700 LF x $000 Fee 10 N-SS42-1/2 Street Improvements 801-2601-PWOO-3899 $000 Pavement, Sidewalks & Medians Square Footage AC/Bike path base $370 1 s.1. x Ki ..00= $000 Fee 10 N-STR-ACB AClBike path pvmt $150 1 s.t. x $000 Fee 10 N-STR-ACP Sidewalk: new $10.60 1 s.t. x $0.00 Fee 10 N-STR-SIW Sidewalk: replace $14.80 1 s.t. x $0.00 Fee 10 N-STR-SIWR Resurfacing $3.20 1 s.l. x $0.00 Fee 10 N-STR-RESU Landscaped Median $22.25 1 s.l. x $000 Fee 10 N-STR-LANM Hardscaped Median $12.70 1 s.t. x $000 Fee 10 N-STR-HARO Traffic Signals (equipment only) % ot Lump Sum Traffic Signal-3 leg $140,00000 1 I.s. x 1\1\ t\~. = $000 Fee 10 N-STR-TS3L Traffic Signal-4 leg $170,000.00 1 I.s. x $000 Fee 10 N-STR-TS4L Curb and Gutter Lineal Footage Curb/Gutter: new $2640 1 LF x N'" ..................0.0= $0.00 Fee 10 N-STR-C/G Curb/Gutter: replace $3700 1 LF x $0.00 Fee 10 N-STR-C/GR Curb Ramps $1,16100 I LF x $000 Fee 10 N-STR-CR COST SCHEDULE (5) Fees Last Revised January 1, 2005 WILLOW BROOK 7861 7891 MILLER AVE Front Foot Charges: Storm Drain Storm Mains, including manholes and catch basins: (Developer is responsible for up to and including 24" mains) Half Pipe 18 inch Main $66.00 1 LF x 21 inch Main $7200 1 LF x 24 inch Main $74.00 1 LF x 27 inch Main $86 00 1 LF x 30 inch Main $9300 1 LF x 33 inch Main $96 00 1 LF x 36 inch Main $99 00 1 LF x 42 inch Main $103.00 1 LF x 48 inch Main $12200 1 LF x 54 inch Main $14400 1 LF x 60 inch Main $165.00 1 LF x 66 inch Main $187.00 1 LF x 72 inch Main $20900 1 LF x 78 inch Main $225 00 1 LF x 84 inch Main $241.00 1 LF x 90 inch Main $25700 1 LF x 96 inch Main $273 00 1 LF x Southeast Quadrant Hydrology Study (Not Included) Lineal Footage $000 Fee ID N-SD18-1/2 $000 Fee ID N-SD21-1/2 $000 Fee ID N-SD24-1/2 $000 Fee ID N-SD27-1/2 $000 Fee ID N-SD30-1/2 $000 Fee ID N-SD33-1/2 $000 Fee ID N-SD36-1/2 $000 Fee ID N-SD42-1/2 $0.00 Fee ID N-SD48-1/2 $000 Fee ID N-SD54-1/2 $000 Fee ID N-SD60-1/2 $0.00 Fee ID N-SD66-1/2 $000 Fee ID N-SD72-1/2 $000 Fee ID N-SD78-1/2 $000 Fee ID N-SD84-1/2 $0.00 Fee ID N-SD90-1/2 $000 Fee ID N-SD96-1/2 )( $0.00 Fee ID N-SD-QUAD 801-2601-PWDO-3899 11/29/2005 $0.00 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 underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference Site grading and reinspect ion charges including reinspect ion of backyard drainage will be billed at the Engineering Division hourly rate in effect at the time of inspection. COST SCHEDULE Accepted by .,. I l w:.~t.... J Date. ;' t ~~'\ j (6) Fees Last Revised January 1, 2005 WILLOW BROOK 7861 7891 MILLER AVE Oversizing Schedule (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement Total Oversized Water Main Reimbursement (Developer is responsible for up to and including 12" mains Oversized Minimum 12" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 14 inch Main $11900 $108.00 X:::'''''..... <.:':':::::::0::0= $000 ,J''f 16 inch Main $13000 - $108.00 $000 N 18 inch Main $14100 $108.00 $000 I';i 24 inch Main $158.00 $108.00 $000 I';i 30 inch Main $172.00 - $108.00 $000 N 36 inch Main $221.00 $108.00 $000 N Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains Oversized Minimum 12" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 15 inch Main $182.00 - $173.00 X 0.0= $000 N 18 inch Main $196.00 - $17300 $0.00 N 21 inch Main $213.00 $173.00 $000 N 24 inch Main $22100 $173.00 $000 N 27 inch Main $225 00 - $17300 $000 N 30 inch Main $300.00 $173.00 $000 "I';i: 33 inch Main $33000 $17300 $000 N 36 inch Main $37300 $173.00 $000 N 39 inch Main $442 00 - $173.00 $0.00 N 42 inch Main $553.00 $17300 $OOON. Total Oversized Storm Drain Main Reimbmnt (Developer is responsible for up to and including 24" mains Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 27 inch Main $17200 $147.00 X"". . . . :'::::>:"":"0:0 = $000 H 30 inch Main $18500 $147.00 $000 N' 33 inch Main $191.00 $147.00 $000 N 36 inch Main $197.00 $147.00 $0.00 N 42 inch Main $205.00 $147.00 $000 N 48 inch Main $24300 $147.00 $000 I';i 54 inch Main $287.00 - $147.00 $000 N 60 inch Main $330.00 $14700 $000 N: 66 inch Main $37400 $147.00 $0.00 N PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (1) Fees Last Revised January 1, 2005 11/29/2005 $0.00 $108.00 /LF) $000 $173.00 /LF) $000 $147.00 /LF) $000 WILLOW BROOK 7861 7891 MILLER AVE Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storm Drain Main Reimbmnt Continued Oversized Minimum 24" main 72 inch Main 78 inch Main 84 inch Main 90 inch Main 96 inch Main Full Pipe $/Ioot Full Pipe $/1001 Oversized Footage $418.00 - $147.00 X>'''''.'..... . """"""''(iio= $45000 - $147.00 $48200 - $147.00 $51400 - $14700 $54600 - $147.00 PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (2) Fees Last Revised January 1, 2005 Oversized Reimbursement $OOON $000 ill $OOON $000 1\1' $o.OON 11/29/2005 WILLOW BROOK 7861 7891 MILLER AVE Willard ct ~:- ~ ~ ilo L..tAlof'ldt~ WitY~ 9- '., . -t4.... 'f 0\0 (:.\ . irish ct L.. P..tOftUI Way EtC.mto Way 'hnbro Way HUtchW..V WelluHn A.ve Papp,niDr 'Swaner Of E . "'" 1150 ~ CII :L '0 0. .... '!~ ~ '.,...-:: - .q tc.t\\on Ot @ ;.....]..:,....-.;.f JlJrti"., 0, Cvpr.. Ct . R'dWoOI(~ .,. ^'. r : .. ~ : Ct..,l;t .. . . ~ 3'41 St .j r-" . '~~#L. (J I,~,'il ~;'H(/Js Ii/#n,i'iilil/, P;Jt- '-1,'<::"" MOftteb.Uo Of Octto.; elf , Haciln4, Or , ~. .... 'c.. :tt T u ;U f. 0 , ~. ,''; Saft Ml,u.1 Sit . "-*1;' . ' Sl ; ji / Av-r OtSytrs 5t ... .' Ill. "'efltn.a" 0, A,., Ct i ,: !I.t Ct . G .,. o l c . ::t CldtWay i1 1-.. ~. ~ '-- "I). ... ? (l .. t#f:- ~\\ .. ,~~'4 ~ yI-- ...." oJ.o~~ ~. .. n .. ~... . a'." C,\ \..11 . BrndwolY 1st St oil ~ <I( ... . , ... . PROJECT . SITE 21'11' St Q . ;; LA. ,. . .Il! I/l .. ~. ... tr> o f' ".1 . 'i. ~ ~ " 0 ~'" .. C1 ,,-. .. . .. 0' '.1)"'\'''. ~ . . .. ., .,. ~ .\{?// -' i' ;- ::', .oiA. ('to " 1 ,... .'! . <'). G \- . ." .j." .. ': .~. ,. ,1 i j.... ,-\l .&1 V' _. , .... .~ o \ .~ . 'l)\ ,.\a" A.....,...t-a pI VICINITY SITE MAP Property Improvement Agreement No. 2005-23 Tract 9768 - Willow Brook, 7861 & 7891 Miller Avenue APN: 808-13-009 and 808-13-010 Neil Mussallem, Niles Development, LLC, A California Limited Liability Co. Robinson, et al ,if i,..,:t .tifo' P~~4. c.'l . 3- . ~ "'''tiff $t .... ':f .. 81...... Ct i .- we.., $t t::! Ci\ f:)i(lt. t'I.~,t 01 ~~~. Exhibit A