Loading...
PIA No. 2002-22 - Newman Development Group City of Gilroy DOCUMENT: 16335877 1111 m 'II~ 1\ mill n ~0016335877~ Titles: 1 / Pages: 20 RECORDING REQUESTED BY: Fees.. . 64.00 Taxes Cop i es. . AMT PAID 6400 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 ROE ** 006 6/28/2002 11: 11 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) DOCUMENT TITLE Property Improvement Agreement No. 2002-22 Tract 9401, Highway 152 APNs 841-18-043, 841-18-044 & 841-10-049 Newman Development Group of Gilroy, LLC 1 PROPERTY IMPROVEMENT AGREEMENT COMMERCIAL. INDUSTRIAL. INSTITUTIONAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES PROJECT NUMBER 2002-22 This agreement is made and entered into this 17th day of June .2002, by and between the City of Gilroy, a municipal corporation, herein called the "City" and Newman Development Group of Gilroy, LLC, a real property owner, developer or subdivider, 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: and, Tract 9401. APNs 841-18-043,841-18-044 & 841-10-049 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 ofthe 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: 2 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, Rules 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 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. 3 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. 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 the Department of California's web site (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. 4 Certificate in Lieu of Performance Bond 1. Civil Code ~3248 specifically states that the payment bond must be in the form of a bond and not in the form of a deposit in lieu thereof. City may not substitute a letter of credit in lieu of a performance bond because there is no provision so allowing under the various State Codes that govern bonds except under the Subdivision Map Act. Code of Civil Procedure ~995. 710 apparently would allow the City to accept a certificate of deposit in lieu of a performance bond under prescribed conditions. Each certificate of deposit must not exceed the federally insured amount and must be issued by a bank authorized to do business in this State. It must be payable to the City in an amount equal to or in excess of one hundred percent (100%) of the contract amount. The certificate of deposit must be accompanied by an agreement executed by the contractor which authorizes the City Officer to collect, sell or otherwise apply the deposit to enforce the liability of the contractor, and the agreement must include the address at which the contractor may be served with notices. The City may prescribe additional terms and conditions. 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 10 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 ofthe 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 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. 5 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 the applicable 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. SECTION 8 (NOT APPLICABLE TO THIS PROJECT) The Developer will pay for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity not to exceed: Peak water use not to exceed: 6 The City will attempt to provide additional capacity at the then current rate. If additional capacity is not available, the Developer agrees to maintain sewer and water use at or below the amounts purchased. The Developer shall have the option of measuring sewer eflluent by: a. Installing and maintaining a sewer eflluent meter. Said meter shall meet City Standards and specifications, or b. Measuring the building's water consumption through the water meter. Irrigation meters are required. PENALTY: Overuse of sewer and water allocations shall be penalized under the Rules and Regulations adopted by the Gilroy City Council. SECTION 9 That the following General Stipulations shall be completed subject to the approval of the Director of Community Development. 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 500 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. 7 SECTION 10 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $344,897.00 The city agrees that these fees can be placed in an Escrow Account to be distributed to the City upon recordation of the map for tract 9401. Otherwise these fees are due and payable prior to the tract map being released by the City to the title company for recordation. The City has the right to review and approve the escrow instructions regarding these fees. IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ~T'ST: ", \~;u;(zud: {U~ onda Pellin CITY CLERK APPROVED AS TO FORM: ~~o.~ Linda A. Callon CITY ATTORNEY OWNER executed this agreement as of :J It Atft .,. 2.00 ~ atlv\ IN WITNESS WHEREOF Owner h NE AN DEVELOPMENT GROUP OF GILROY, LLC by George Akel, Member 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. 8 Property Improvement Agreement 2002-22 STATE OF CALIFORNIA) )ss. COUNTY OF SANTA CLARA) QL~ II zouc /;;:1 \ On tr (before me f?- k ~ A"'... '- e II, A , , _, personally appeared (Je 0 r 0'-c A t:: -e- / ~ersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person0 whose name~ is/~' subscribed to the within instrument and acknowledged to me that he/shef1hey executed the same in his/herlthetr authorized capacity(i.0s), and that by his/her/their- signature(8t" on the instrument the perso~ or the entity upon behalf of which the perso~ acted, executed the instrument. WITNESS my hand and official sea WI. ..._~. "~ - ( I . . r 4..-e~ j ~ Signatur t/"-....... ~ ~'--"~ per GC Sec. 40814; CC Sec. 1181 9 . RHCJNIMPEIUt i ~~. TIn. tllllt. 2 ..., PuIIIID- 'albA ... CIlIa a.rr II1C1rm.__..... STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No. 2002-22 AP.N. 841-18-043, 841-18-044, 841-10-049 Tract 9401, Highway 152 Newman Development Group of Gilroy, LLC On June 18,2002, 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. ....~ //- 1-------------- J8 ec.::::11 J NaImy Public - CaifomIa I Santa Clam Countr - _ _ _ ~~~~1~~f per GC Sec. 40814; CC Sec. 1181 (Notary Seal) CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION PRELIMINARY COST ESTIMATE ENCOMPASS NO: E1 ~ ~ DATE 6-Jun-2002 NUMBER 2002 PROJECT LOCATION TRACT 9401 HIGHWAY 152 PARCEL NUMBER 841-18-043,841-18-044,841-10-049 OWNERlDEVELOPER NEWMAN DEVELOPMENT GROUP,LLC MAILING ADDRESS 2225 VAN NESS AVENUE,SUITE 102 SAN FRANCISCO,CA.94109 TELEPHONE NO: 415-923..0824 PREPARED BY JIM MAESTRI 408-846-0450 Account No. Key Code Fee: Credits: Amount Due: Account Description: 100-2601-0000-3625 4904 $3,615.00 $0.00 $3,615.00 Special Public Works Serv 100-2601-0000-3605 4702 $258,272.00 $0.00 $258,272.00 Engring Plan Check & Insp 410-2600-0000-3660 3302 $000 $0.00 $0.00 Park Development Fee 420-2600-0000-3660 4501 $71,022.72 $0.00 $71,022.72 Storm Development Fee 432-2600-0000-3660 3301 $0.00 $0.00 $0.00 Str Tree Development Fee 433-2600-0000-3660 4905 $0.00 $0.00 $0.00 Traffic Impact Fee 434-2600-0000-3660 4402 $0.00 $000 $0.00 Police Development Fee 435-2600-0000-3660 4509 $0.00 $0.00 $0.00 Sewer Development Fee 436-2600-0000-3660 4510 $0.00 $0.00 $0.00 Water Development Fee 437-2600-0000-3660 4511 $0.00 $0.00 $0.00 Fire Development Fee 438-2600-0000-3660 4512 $0.00 $0.00 $0.00 Public Facilrties Impact Fee 720-0433-0000-3620 2202 $11,987.28 $0.00 $11,987.28 Const Water Use Fee 801-2601-0000-3899 4703 $0.00 $0.00 $0.00 Reimbursements 801-2601-0000-3899 4703 $0.00 $0.00 $0.00 other Reimbursements Totals..... Bonds and Securities COST SCHEDULE $344,897.00 $6,321,800 $0.00 $344,897.00 (1) TRACT9401 NEWMAN CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION PRELIMINARY COST ESTIMATE ENCOMPASS NO: E1~ 6-Jun-2002 2002 TRACT 9401 HIGHWAY 152 841-18-043,841-18-044,841-10-049 NEWMAN DEVELOPMENT GROUP,LLC 2225 VAN NESS AVENUE,SUITE 102 SAN FRANCISCO,CA.94109 415-923-0824 JIM MAESTRI 408-846-0450 DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNERIDEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: COST SCHEDULE TYPE PRELIMINARY ESTIMATE? Y FINAL FEES? N DEV IMPACT FEES ONLY? N IDEFER PARK, POLICE, FIRE & PUBLIC FACILITY FEES? DEFER SEWER, WATER, TRAFFIC FEES? TO PERMIT? N TO PERMIT? N TO FINAL? 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: Acres: Lots: Units: SqFt N Residential-Low? 0.0 0 0 N Residential-High? 00 0 0 Y Commercial-Low ? 45.4 8 0 N Commercial-High? 0.0 0 0 N Industrial-General? 0.0 0 0 N Industrial-Warehouse? 0.0 0 0 N Assembly Hall? 0.0 0 0 Common Area? 0.0 0 CommerciaVlndustrial Allocations: Sewer GPO: Water GPO: 0 0 Reimbursements and credits: N Country Estates Water System? N Country Estates Sewer System? N Southeast Quadrant Hydrology Study? N Obata Industrial Park Credit? Front Footage for Front Foot Charges and Construction Water: Street Tree FF: Water FF: QO QO Sewer FF: 0.0 Storm FF 00 Construction Water Acres: 45.4 Construction Water FF: 1,575.0 $3,615.00 Special Public Works Services 100-2601-0000-3625 Maps: Final $3,495.00 + $15.00 I lot Y $3,615.00 Fee 10 N-FINALM N $0.00 Fee 10 N-PARCELM N $0.00 Fee 10 N-ASSESM $0.00 Y $0.00 Fee 10 N-WR-RESAD Y $0.00 Fee 10 N-SS-RESAD or N-SS-C1IAD Y $0.00 Fee 10 N-SD-QUADA (2) Parcel $1,350.00 + $15.00 I lot Reapportionment (Assessment District Parcels) $2,190.00 + $20.00 I lot Plus Customer assessment consultant Administration Fees: Country Estates Water System (Not Included) Country Estates Sewer Trunk Main (Not Included) Southeast Quadrant Hydrology Study (Not Included) COST SCHEDULE TRACT9401 NEWMAN Miscellaneous Engineering Services: (Cost Schedules, Agreements, RMI Reviews and other Misc. Services) o hr Misc Services $88.91 I hr. Y $0.00 Fee 10 N-MISC or N-MISCF Engring Plan Check and Inspection 100-2601-0000-3605 $258,272.00 (Based on total cost at public right-at-way improvements) --2. hr Site grading and $88.91 I hr. '( $0.00 Fee 10 N-GRAOINSP or N-GRADINSF reinspection charges Estimated Cost at Public Improvements $3,160,900 Fee 10 N-PLANCK or N-PLANCKF 0% at first $5,000 12% $5,000 $100,000 y $11,400.00 10% $100,000 $200,000 y $10,000.00 8% over $200,000 y $236,872.00 Olfsite Improvements to be Bonded $3,160,900 Park Impact Fee 410-2600-0000-3660 $0.00 a. Residential-Low $8,269.00 I unit Y $0.00 Fee 10 N-PARK-RLO b. Residential-High $5,906.00 I unit Y $0.00 Fee 10 N-PARK-RHO storm Orain Impact Fee 420-2600-0000-3660 $71,022.72 a. Residential-Low $781.00 I acre Y $0.00 Fee 10 N-SD-RLD b. Residential-High $1,172.00 I acre Y $0.00 Fee 10 N-SO-RHO c. Commercial $1.56300 I acre Y $71,022.72 Fee 10 N-SD-COM d.lndustrial $1,758.00 I acre Y $0.00 Fee 10 N-SO-INO e.Assembly Hall $781.00 I acre Y $0.00 Fee 10 N-SO-AH Obata Industrial Park Credits (Based on reimbursements due from oversized storm facilities) Obata Fee Credit $1,170.00 I acre $0.00 Fee 10 N-50-0BATA y COST SCHEOULE (3) TRACT9401 NEWMAN Street Tree Fee 432-2600-0000-3660 $0.00 Front Footage a.City Planting and Replacement $2.56 I f.f. x N 0.0 $0.00 Fee 10 N-TREEPLNT b.lnspection and Replacement $0.36 I f.f. x y 0.0 $0.00 Fee 10 N-TREEINSP Traffic Impact Fee 433-2600-0000-3660 $000 a. Residential-Low $4,381.00 I unrt Y $0.00 Fee 10 N-TRAF-RLO b. Residential-High $3,551.00 I unit Y $0.00 Fee 10 N-TRAF-RHO c.Commercial-Low Traffic (<= 4 trips!1 000 sf) $4,846.00 I k.s.f. Y $0.00 Fee 10 N-TRAF-CLT d.Commercial-High Traffic (> 4 trips!1 000 sf) $9,791.00 I k.s.' Y $0.00 Fee 10 N-TRAF-CHT e.lndustrial-General $1,892.00 I k.s.f. Y $000 Fee 10 N-TRAF-IG f.lndustrial-Warehouse $1,394.00 I k.s.' Y $0.00 Fee 10 N-TRAF-IW Police Impact Fee 434-2600-0000-3660 $0.00 a. Residential-Low $1,969.00 I unrt Y $0.00 Fee 10 N-POLC-RLO b.Residential-High $3,003.00 I unit Y $0.00 Fee 10 N-POLC-RHD c.Commercial $2,82100 I k.s.f. Y $0.00 Fee 10 N-POLC-COM d.lndustrial $117.00 I k.s.f. Y $0.00 Fee 10 N-POLC-IND COST SCHEOULE (4) TRACT9401 NEWMAN Sewer Impact Fee 435-2600-0000-3660 $0.00 a.Residential-Low $5,371.00 I unit Y $0.00 Fee ID N-SS-RLD b. Residential-High $3,836.00 I unit Y $0.00 Fee ID N-SS-RHD c. Commercial/Industrial $1,724.00 Icgpd Y $0.00 Fee ID N-SS-CII Country Estates Sewer Trunk Main y $0.00 Fee ID N-SS-RESCG or N-SS-CIICG (Not Included) Obata Industrial Park Credits (Based on reimbursements due from oversjzed sewer facilities) Obata Fee Credit $531 00 I acre Y $0.00 Fee ID N-SS-OBATA Water Impact Fee 436-2600-0000-3660 $000 a. Residential-Low $2,035.00 I unit Y $0.00 Fee ID N-WATR-RLD b. Residential-High $1,453.00 I unit Y $0.00 Fee ID N-WATR.RHD c. Commercialllndustrial $3,092.00 I kgpd Y $0.00 Fee ID N-WATR-CII Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154.00 I acre y $0.00 Fee ID N-WR-OBATA Fire Impact Fee 437 -2600-0000-3660 $0.00 a. Residential-Low $164.00 I unit Y $0.00 Fee ID N-FIRE-RLD b. Residential-High $234.00 I unit Y $0.00 Fee ID N-FIRE-RHD c.Commercial $145.00 I k.s.!. y $0.00 Fee ID N-FIRE-COM d.lndustrial $18.00 I k.s.f. Y $0.00 Fee ID N-FIRE-IND Public Facilities Impact Fee 438-2600-0000-3660 $0.00 a. Residential $1,051.00 I unit Y $0.00 Fee ID N-PF-RES b. Commercial $292.00 I k.s.f. Y $0.00 Fee ID N-PF-COM c.1 ndustrial-General $204.00 I k.s.f. Y $0.00 Fee ID N-PF-IG d.lndustrial-Warehouse $204.00 I k.s.f. Y $0.00 Fee ID N-PF-IW Water User Fee (Construction) 720-0433-0000-3620 y $11,987.28 $2.76 I f.f. + $168.14 I a.c. Fee ID N-CONWATFF and N-CONWATAC COST SCHEDULE (5) TRACT9401 NEWMAN Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) Water 801-2601-0000-3899 $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 inch Main $12.50 I U x N 0.0 $0.00 Fee 10 N-WR06-1/2 8 inch Main $13.50 I U x N 0.0 $0.00 Fee 10 N-WR08.112 10 inch Main $15.00 I f.f. x N 0.0 $0.00 Fee 10 N-WR1 0-1 12 12 inch Main $16.50 I f.1. x N 0.0 $0.00 Fee 10 N-WR12-112 14 inch Main $18.50 I f.f. x N 0.0 $0.00 Fee 10 N-WR14-112 16 inch Main $21.00 I U x N 0.0 $0.00 Fee 10 N-WR16-112 18 inch Main $25.00 I f.f. x N 0.0 $0.00 Fee 10 N-WR18-1/2 24 inch Main $31.50 I U x N 0.0 $0.00 Fee 10 N-WR24-112 30 inch Main $37.00 I U x N 0.0 $0.00 Fee 10 N-WR30-112 36 inch Main $43.50 lUx N 0.0 = $0.00 Fee 10 N-WR36-112 Country Estates Water System Y $0.00 Fee 10 N-WR-RESCE (Not Included) Sewer 801-2601-0000-3899 $0.00 Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) Half Pipe Front Footage 6 inch Main $12.00 I U x N 0.0 $0.00 Fee 10 N-SS06-1/2 8 inch Main $12.50 I f.f. x N 0.0 $0.00 Fee 10 N-SS08-112 10 inch Main $14.00 I f.f. x N 0.0 = $0.00 Fee 10 N-SS1 0-1 12 12 inch Main $15.50 I U x N 0.0 = $0.00 Fee 10 N-SS12-112 15 inch Main $19.00 I f.1. x N 0.0 $0.00 Fee 10 N-SS15-112 18 inch Main $24.00 I f.f. x N 0.0 $0.00 Fee 10 N-SS18-1/2 21 inch Main $28. 50 I f.f. x N 0.0 $0.00 Fee 10 N-SS21-112 24 inch Main $33.00 I f.f x N 0.0 $0.00 Fee 10 N-SS24-1/2 27 inch Main $36.50 I f.f. x N 0.0 $0.00 Fee 10 N-SS27-112 $0.00 Fee 10 N-SS-RESNH and N-SS-RESCE or Fee 10 N-SS-G/INH and N-SS-C1ICE Country Estates Sewer Trunk Main (Not Included) y COST SCHEOULE (6) TRACT9401 NEWMAN Street Improvements 801-2601-0000-3899 $0.00 Pavement Square Footage 3" AC on 8" AB $2.57 x 0.0 $0.00 Fee 10 N-STR-3/08 3" AC on 10" AB $2.89 x 0.0 $0.00 Fee 10 N-STR-3110 3" AC on 12" AB $3.18 x 0.0 $0.00 Fee 10 N-STR-3/12 3" AC on 15" AB $365 x 0.0 $0.00 Fee 10 N-STR-3/15 Square Footage Sidewalk 4" on 4" $4.72 x 0.0 $0.00 Fee 10 N-STR-SNV and driveway Front Footage Curb/Gutter on 6" $15.33 x 0.0 $0.00 Fee 10 N-STR-C/G Storm Drain 801-2601-0000-3899 $0.00 Storm Mains, including manholes and catch basins: (Developer is responsible for up to and including 24" mains) Half Pipe Front Footage 18 inch Main $20.00 I f.f. x N 0.0 $0.00 Fee 10 N-S018-1/2 21 inch Main $22.00 I U x N 0.0 $0.00 Fee 10 N-S021-1/2 24 inch Main $23.50 I U x N 0.0 $0.00 Fee 10 N-S024-1/2 27 inch Main $25.00 I f.f x N 0.0 $0.00 Fee 10 N.S027-112 30 inch Main $26.50 I U x N 0.0 $0.00 Fee 10 N-SD30-112 33 inch Main $28.00 lUx N 0.0 $0.00 Fee 10 N-S033-112 36 inch Main $29.50 I U x N 0.0 $0.00 Fee 10 N-S036-112 42 inch Main $33.00 I U x N 0.0 $0.00 Fee 10 N-S042-1/2 48 inch Main $36.50 I f.f. x N 00 $0.00 Fee 10 N-SD48-112 54 inch Main $39.50 I U x N 0.0 $0.00 Fee 10 N-SD54-1/2 60 inch Main $43 00 I U x N 0.0 $0.00 Fee 10 N-SD6D-1/2 66 inch Main $46.00 I ff x N 0.0 $0.00 Fee 10 N-SD66-112 72 inch Main $49.00 I f.f x N 0.0 $0.00 Fee 10 N-S072-1/2 COST SCHEDULE (7) TRACT9401 NEWMAN 78 inch Main $52.00 / f.f. x N 0.0 $0.00 Fee ID N-SD78-1/2 84 inch Main $55.00 / f.f. x N 0.0 $0.00 Fee ID N-SD84-1/2 90 inch Main $58.00 / f.f. x N 0.0 $0.00 Fee ID N-SD90-112 96 inch Main $61.00 /f.f.x N 0.0 = $0.00 Fee ID N-SD96-1/2 Southeast Quadrant Hydrology Study Y $0.00 Fee ID N-SD-QUAD (Not Included) Bonds and Securities . $6,321,800 801-2601-0000-3899 . Not included in totals 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 underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilray will refund the difference. Site grading and reinspection charges including reinspection of backyard drainage will be billed at the Engineering Division hourly rate in effect at the time of inspection. Accepted by: ~.~ CUll ~ ~M-a. Date: J\o\M-- j. 2.0 Q z.- I COST SCHEDULE (8) TRACT9401 NEWMAN OversiZing Schedule (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement $0.00 Total Oversized Water Main Reimbursement (Developer is responsible for up to and including 12" mains $33.00 I fool) $0.00 Oversized Minimum 12" main Oversized Full Pipe $/fool Full Pipe $/foot Oversized Footage Reimbursement 14 inch Main $37.00 - $33.00 X 0.0 $0.00 N 16 inch Main $42.00 - $33.00 X 0.0 $0.00 N 18 inch Main $50.00 - $33.00 X 0.0 $0.00 N 24 inch Main $63.00 - $33.00 X 0.0 $0.00 N 30 inch Main $74.00 - $33.00 X 0.0 $0.00 N 36 inch Main $87.00 - $33.00 X 0.0 = $0.00 N Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains $31.00 I foot) $0.00 Oversized Minimum 12" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 15 inch Main $38.00 - $31.00 X 0.0 $000 N 18 inch Main $48.00 - $3100 X 0.0 $0.00 N 21 inch Main $57.00 - $31.00 X 0.0 $0.00 N 24 inch Main $66.00 - $31.00 X 0.0 $0.00 N 27 inch Main $73.00 - $31.00 X 0.0 = $0.00 N Total Oversized Storm Drain Main Reimbursement (Developer is responsible for up to and ,including 24" mains $23.50 I foot) $0.00 Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 27 inch Main $50.00 - $47.00 X 0.0 $0.00 N 30 inch Main $53.00 - $47.00 X 0.0 $0.00 N 33 inch Main $56.00 - $47.00 X 0.0 $0.00 N 36 inch Main $59.00 - $47.00 X 0.0 $0.00 N 42 inch Main $66.00 - $47.00 X 0.0 $0.00 N 48 inch Main $73.00 - $47.00 X 0.0 $0.00 N 54 inch Main $79.00 - $47.00 X 0.0 $0.00 N 60 inch Main $86.00 - $47.00 X 0.0 $0.00 N 66 inch Main $92.00 - $47.00 X 0.0 $0.00 N 72 inch Main $9800 - $47.00 X 0.0 $0.00 N 78 inch Main $104.00 - $47.00 X 0.0 $0.00 N 84 inch Main $110.00 - $47.00 X 0.0 $000 N 90 inch Main $116.00 - $47.00 X 0.0 $0.00 N 96 inch Main $122.00 - $47.00 X 0.0 $0.00 N PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (1) TRACT9401 NEWMAN .", ,--- -....... --... ~ PROJECT AREA , '- ~ --...~ ~ ~ \ ' CJ~ r: / ~~ ~ , / ~~ \ / / .... j! STUTZWA Y <i -.J <il@3 ~~ 1 01 ~~S ss~ IjG~~\Jt I>-'Jv VICINITY SITE MAP Tract 9401, Highway 152 APNs 841-18-043,841-18-044 & 841-10-049 Newman Development Group of Gilroy, LLC Exhibit A { ... I (12) ,