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PIA No. 2003-04 - Regency Group DOCUMENT: 17051445 RECORDING REQUESTED BY: :<t;(nj17051445:o; City of Gilroy BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Fees. Taxes. Copies. AMT PAID I Pages: 23 73.00 73.00 ROE j:j 012/102 5/20/2003 12:53 PM (SP ACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2003-04 Regency Realty Group, Inc., a Florida Corporation 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 2003-04 This agreement is made and entered into this ~ day of April ,2003, by and between the City of Gilroy, a municipal corporation, herein called the "City" and Regency Realty Group, a Florida Corporation, 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: Tract No. 9487, Gilroy Crossings , 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, provided that Developer has faithfully and fully complied with all ofthe 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, 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. 2 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 ofthe 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 3 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 ofthe 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 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 survey or the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all 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 4 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 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 5 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 Water and sewer allocation will be allocated to each tenant at Building Permit. 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. All pipe oversizing is directly related to the project; therefore, no credit/reimbursement is allowed. 2. 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. 3. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 4. All work within the public right-of-way shall be subject to the approval of the City Engineer. 5. 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 6 construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. 6. Install westbound through lane at Highway 152 frontage of A.P.N. 841-18-042, the field located at the northeast corner of Camino Arroyo/Highway 152. The not-to- exceed cost of$149,930.00 for the public improvements will be reimbursed from the Traffic Impact Fund to the Developer (Regency). When A.P.N. 841-18-042 develops, the Traffic Impact Fund will be reimbursed by the not-to-exceed amount of $149,930.00 by the Owners of A.P.N. 841-18-042 in accordance with the City of Gilroy Municipal Code Section 21.130 (a): "In cases where the City advances the costs for rights-of-way acquisition or for construction of improvements for a portion of a street which is part of the City's circulation element of the general plan, and for which an owner or developer is responsible to acquire or dedicate rights-of-way and/or construct improvements, owners or developers of land which abuts upon such portion of such street shall repay such advanced costs to City, to be redeposited in the traffic impact fee fund, when and if such land is sought to be developed and a development permit is issued or approved therefore. The repayment shall be made prior to and as a prerequisite for approval of a final or parcel map on the property, even if repayment was for any reason not imposed as a condition of the tentative map. If no such approval is being sought, the repayment shall be made prior to and as prerequisite to issuance of a building permit for the property." The reimbursement to the Traffic Impact Fund has no sunset clause. 7. Install westbound right-turn acceleration lane at Highway 152 at the frontage of Tract 9401, the area located at the northwest corner of Camino Arroyo/152. The not-to- exceed cost of $55,950.00 for half of the costs of the public improvements will be reimbursed from the Traffic Impact Fund to the Developer (Regency). When Tract 9401, Phase Ib, develops, the Traffic Impact Fund will be reimbursed by the not-to- exceed amount of$55,950.00 for half ofthe costs of the public improvements by the Owners of Tract 9401 in accordance with the City of Gilroy Municipal Code Section 21.130 (a): "In cases where the City advances the costs for rights-of-way acquisition or for construction of improvements for a portion of a street which is part of the City's circulation element of the general plan, and for which an owner or developer is responsible to acquire or dedicate rights-of-way and/or construct improvements, owners or developers of land which abuts upon such portion of such street shall repay such advanced costs to City, to be redeposited in the Traffic Impact Fee Fund, when and if such land is sought to be developed and a development permit is issued or approved therefore. The repayment shall be made prior to and as a prerequisite for approval of a final or parcel map on the property, even if repayment was for any reason not imposed as a condition of the tentative map. Ifno such approval is being sought, the repayment shall be made prior to and as a prerequisite to issuance of a building permit for the property." The reimbursement to the Traffic Impact Fund has no sunset clause. 7 SECTION 10 That the attached Development Cost Schedule enumerates all fees and their extensions. TOT AL AMOUNT DUE CITY $319,865.05 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTEST: h ( I ' . '---< ---' y'/ /' ..' LJJ uu,,- Rhonda Pellin CITY CLERK APPROVED AS TO FORM: // II ~/ .' .~ L-4" Ii /j ~.. I /) t~~ /1 ' i {'r' Lt. {i}"-. Linda A. Callon CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agreement as of JJf'r~~ ?;Jli? 4)[;, 3 I OWNER BY REGENCY REALTY GROUP, INe. A FLORIDA CORPORA nON g-~ (; .. . I ~, Peter J. Knoedler Vice President Investments 8 , . STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No. 2003-04 Tract No. 9487 Regency Realty Group, Inc., a Florida Corporation On April 10, 2003, 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. /'1 ,., -A / 4'\....- e RHONDA PEU.IN i Carmlission.'30581. z Notary Public - CaIramII Santa Clara Cauntr 1IyCamm. &pne .bI111, 2DlI5 per GC Sec. 40814; CC Sec. 1181 (Notary Seal) 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. STATE OF CALIFORNIA) )ss. COUNTY OF SANTA CLARA) ~ek :s-. ~Jk On ' personally known to me ~r flre v cd to 111e, on thc basis of satisfaetery o'v'idcnce) to be the person(J) whose name(~ is/m:e subscribed to the within instrument and acknowledged to me that he/sh@/thcy executed the same in hislher/thcir authorized capacity.(.ies), and that by his/her/their 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. Signature iffl ~ per GC Sec. 408~t J~ Sec. 1181 ,~-,;~ u. .. fI'"" ~...-... ~,":R' ... ~ *'1' }, -"'. '-. - J;::ff BADSTlJBNE !I> ~' (. ormflis:"kiO;; L""i 1(1 ~ j..... Nota'{ P\.lb:lc - cco:.:.. -.. ,,,, ~. . ;;' .:: .. C"..ontra r'Y" en'" i : '~~,./C~ -,--~~t.v!1_,~.:;~:J_, _:,'f' _"~'.""''''"I>'' ._..i;:....:--,.'''~~.;'..,..-O j. 9 CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING DMSION GILROY CROSSINGS LOTS 1-16 FINAL MAP ENGINEERING FEES FINAL COST SCHEDULE ENCOMPASS NO E11010000000 DATE: 1-Apr-2003 NUMBER: 2003-04 PROJECT LOCATION HWY. 152 & CAMINO ARROYO PARCEL NUMBER: GILROY CROSSINGS LOTS 1-16 OWNER/DEVELOPER: REGENCY CENTERS MAILING ADDRESS 1850 MT.DIABLO BLVD.,SUITE 225 WALNUT CREEK,CA.94596 TELEPHONE NO 925-279-1760 PREPARED BY: Rick Smelser (408) 846-0450 Account No. Key Code Fee: Credits: Amount Due: Account Description: 100-2601-0000-3625 4904 $5,525.08 $0.00 $5,525.08 Special Public Works Serv 100-2601-0000-3605 4702 $281,641.86 $0.00 $281,641.86 Engring Plan Check & Insp 410-2600-0000-3660 3302 $0.00 $0,00 $0.00 Park Development Fee 420-2600-0000-3660 4501 $0.00 $0.00 $0.00 Storm Development Fee 431-2600-0000-3660 5001 $0.00 $0.00 $0.00 Utility Undergrounding 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 $0.00 $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 Facilities Impact Fee 720-0433-0000-3620 2202 $32,69811 $0.00 $32,698.11 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... $319,865.05 $0.00 $319,865.05 Bonds and Securities $6,891,149 COST SCHEDULE (1 ) REGENCY IMPROVEMENT AGREEMENTS MASTER CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING DIVISION GILROY CROSSINGS LOTS 1-16 FINAL MAP ENGINEERING FEES FINAL COST SCHEDULE ENCOMPASS NO: E1 101 0000000 1-Apr-2003 2003-04 HWY. 152 & CAMINO ARROYO GILROY CROSSINGS LOTS 1-16 REGENCY CENTERS 1850 MT.DIABLO BLVD.,SUITE 225 WALNUT CREEK,CA.94596 925-279-1760 Rick Smelser (408) 846-0450 DATE: NUMBER PROJECT LOCATION: PARCEL NUMBER: OWNERIDEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: COST SCHEDULE TYPE: PRELIMINARY ESTIMATE? N FINAL FEES? Y INCENTIVE AGREEMENT? 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 Final Cost Schedule has been adjusted to the rates currently in effect Site Information: Acres: Lots: Units: SqFt: N Residential-Low ? 0.00 0 0 N Residential-High? 0,00 0 0 Y Commercial-Low ? 0 N Commercial-High? 0.00 0 0 N Industrial-General? 0.00 0 0 N Industrial-Warehouse ? 0.00 0 0 N Assembly Hall? 0.00 0 0 Common Area? 0.00 0 Commercial/Industrial Allocations: Sewer GPO: Water GPO: 0 0 Reimbursements and credITs: N CountJY Estates Water System? N CountJY Estates Sewer System? N Southeast Quadrant Hydrology Study? N Ooota Industrial Park Credit? Front Footage for Front Foot Charges and Construction Water: Street Tree FF: Water FF: 0.0 0.0 Sewer FF: 0.0 Storm FF: Construction Water FF: 0.0 $5,525.08 Y $4,81000 Fee 10 N-FINALM N $0.00 Fee 10 N-PARCELM N $0.00 Fee 10 N-ASSESM $0.00 N $0.00 Fee 10 N-WR-RESAD N $0.00 Fee 10 N-SS-RESAD or N-SS-C/IAD N $000 Fee 10 N-SD-QUADA Special Public Works Services 100-2601-0000-3625 Maps: Final $3,850.00 + $60.00 I lot 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: CountJY Estates Water System (Not I nciuded) CountJY Estates Sewer Trunk Main (Not Included) Southeast Quadrant Hydrology Study (Not Included) COST SCHEDULE (2) REGENCY IMPROVEMENT AGREEMENTS MASTER Miscellaneous Engineering Services: (Cost Schedules, Agreements, R/W Reviews and other Misc. Services) 12 hr Misc Services $59.59 I hr. Y $715.08 Fee 10 N-MISC or N-MISCF Engring Plan Check and Inspection 100-2601-0000-3605 $281,641.86 (Based on total cost of public right-of-way improvements) ~ hr Site grading and $59.59 I hr. Y $595.90 Fee 10 N-GRAOINSP or N-GRAOINSF reinspection charges Estimated Cost of Public Improvements $3,445,574.50 Fee 10 N-PLANCK or N-PLANCKF 0% of 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 $259,645.96 Olfsite Improvements to be Bonded $3,445,574.50 Park Impact Fee 410-2600-0000-3660 $0.00 a. Residential-Low $8,269.00 I unit N $000 Fee 10 N-PARK-RLO b. Residential-High $5,906.00 I unit N $0.00 Fee 10 N-PARK-RHO Storm Drain Impact Fee 420-2600-0000-3660 $0.00 a. Residential-Low $781.00 I acre N $0.00 Fee 10 N-SO-RLO b. Residential-High $1,172.00 I acre N $0.00 Fee 10 N-SD-RHO c.Commercial $1,563.00 I acre N $0.00 Fee 10 N-SD-COM d.lndustrial $1,758.00 I acre N $0.00 Fee 10 N-SO-INO e.Assembly Hall $781.00 I acre N $000 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 N $0.00 Fee 10 N-SO-OBATA COST SCHEDULE (3) REGENCY IMPROVEMENT AGREEMENTS MASTER utility Underground Fee 431-2600-0000-3660 $0.00 Front Footage $126.09 I f.f. x N 0,0 $0.00 Fee 10 N-UTUNO or N-UTUNO-SF 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 N 00 $0.00 Fee 10 N-TREEINSP Traffic Impact Fee 433-2600-0000-3660 $0.00 a. Residential-Low $4,381.00 I unit N $0.00 Fee 10 N-TRAF-RLO b. Residential-High $3,55100 I unit N $0,00 Fee 10 N-TRAF-RHO c. Commercial-Low Traffic (<= 4 trips/1000 sf) $4,84600 I k.sJ. N $0.00 Fee 10 N-TRAF-CL T d.Commercial-High Traffic (> 4 trips/1000 sf) $9,791.00 I k.sJ. N $0.00 Fee 10 N-TRAF-CHT e.lndustrial-General $1,892.00 I k.s.f. N $0.00 Fee 10 N-TRAF-IG f.lndustrial-Warehouse $1,394.00 I k.sf. N $0.00 Fee 10 N-TRAF-IW Police Impact Fee 434-2600-0000-3660 $0.00 a. Residential-Low $1,969.00 I unit N $0.00 Fee 10 N-POLC-RLO b Residential-High $3,003.00 I unit N $0.00 Fee 10 N-POLC-RHO c.Commercial $2,821.00 I k.s.f. N $0.00 Fee 10 N-POLC-COM d.lndustrial $117.00 I k.s.f. N $0.00 Fee 10 N-POLC-INO COST SCHEOULE (4) REGENCY IMPROVEMENT AGREEMENTS MASTER Sewer Impact Fee 435-2600-0000-3660 $0.00 a. Residential-Low $5,371.00 I unit N $0.00 Fee ID N-SS-RLD $0.00 Fee ID N-SS-RHD b. Residential-High $3,836.00 I unit N c. Commercial/Industrial $1,724.00 I cgpd N $0.00 Fee ID N-SS-C/I Country Estates Sewer Trunk Main (Not Included) N $0.00 Fee ID N-SS-RESCG or N-SS-CIICG Obata Industrial Park CredITs (Based on reimbursements due from oversized sewer facilITies) Obala Fee CredIT $53100 I acre $0.00 Fee ID N-SS-OBATA N Water Impact Fee 436-2600-0000-3660 $0.00 a. Residential-Low $2,035.00 I unit N $0.00 Fee ID N-WATR-RLD b. Residential-High $1,453.00 I unit N $0.00 Fee ID N-WATR-RHD c. Commercial/Industrial $3,092.00 I kgpd N $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 N $0.00 Fee 1D N-WR-OBATA Fire Impact Fee 437 -2600-0000-3660 $0.00 a. Residential-Low $164.00 I unit N $0.00 Fee ID N-FIRE-RLD b. Residential-High $234.00 I unIT N $0.00 Fee ID N-FIRE-RHD c.Commercial $145.00 I k.sl. N $0.00 Fee ID N-FIRE-COM d.lndustrial $18.00 I k.s.f. N $0.00 Fee ID N-FIRE-IND Public FacilITies Impact Fee 438-2600-0000-3660 $0.00 a Residential $1,051.00 I unIT N $0.00 Fee ID N-PF-RES b. Commercial $292.00 I k.sl. N $0.00 Fee ID N-PF-COM c.lndustrial-General $204.00 I k.s.f. N $0.00 Fee ID N-PF-IG d.lndustrial-Warehouse $204.00 I ks!. N $0.00 Fee ID N-PF-IW Water User Fee (Construction) 720-0433-0000-3620 Y $32,698.11 $2.76 If.( + $168.14 I a.c. Fee ID N-CONWATFF and N-CONWATAC COST SCHEDULE (5) REGENCY IMPROVEMENT AGREEMENTS MASTER 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 $1250 / f.f. x N 0.0 $0.00 Fee 10 N-WR06-1/2 8 inch Main $13.50 /f.f.x N 0.0 $0.00 Fee 10 N-WR08-1/2 10 inch Main $15.00 / f.f. x N 0,0 $0.00 Fee 10 N-WR10-1/2 12 inch Main $16.50 /f.f.x N 0.0 $0.00 Fee 10 N-WR12-1/2 14 inch Main $18.50 / f.f. x N 0.0 $0.00 Fee 10 N-WR14-1/2 16 inch Main $2100 / f.f. x N 0.0 $0.00 Fee 10 N-WR16-1/2 18 inch Main $25.00 / f.f. x N 0.0 $0.00 Fee 10 N-WR18-1/2 24 inch Main $31.50 / f.f. x N 0.0 $0.00 Fee 10 N-WR24-1/2 30 inch Main $37.00 / f.f. x N 0.0 $0.00 Fee 10 N-WR30-1/2 36 inch Main $43.50 / f.f. x N 0.0 $0.00 Fee 10 N-WR36-1/2 Country Estates Water System N $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 / f.f. x N 0.0 $0.00 Fee 10 N-5S06-1/2 8 inch Main $12.50 / f.f. x N 0,0 $0.00 Fee 10 N-5S08-1/2 10 inch Main $14.00 / f.f. x N 0.0 $0.00 Fee 10 N-SS10-1/2 12 inch Main $15.50 /f.f.x N 0.0 $0.00 Fee 10 N-SS12-1/2 15 inch Main $19.00 / f.f. x N 0.0 $0.00 Fee 10 N-SS15-112 18 inch Main $24.00 /f.f.x N 0.0 $0.00 Fee 10 N-SS18-1/2 21 inch Main $28. 50 / f.f. x N 00 $0.00 Fee 10 N-SS21-1/2 24 inch Main $33.00 / f.f. x N 0.0 $0.00 Fee 10 N-SS24-1/2 27 inch Main $36.50 /f.f.x N 0.0 $0.00 Fee 10 N-SS27-1/2 $0.00 Fee 10 N-SS-RESNH and N-SS-RESCE or Fee 10 N-SS-C/INH and N-SS-C/ICE Country Estates Sewer Trunk Main (Not Included) N COST SCHEDULE (6) REGENCY IMPROVEMENT AGREEMENTS MASTER Street Improvements 801-2601-0000-3899 $0.00 Pavement Square Footage 3" AC on 8" AS $2.57 x 0.0 $0.00 Fee 10 N-STR-3/08 3" AC on 10" AS $2.89 x 0.0 $0.00 Fee 10 N-STR-3/10 3" AC on 12" AS $3.18 x 0,0 $0.00 Fee 10 N-STR-3/12 3" AC on 15" AS $3.65 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-SIW 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 U x N 0.0 $0.00 Fee 10 N-S018-1/2 21 inch Main $22.00 lUx 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 lUx N 0.0 $0.00 Fee 10 N-SD27-1/2 30 inch Main $26.50 I U x N 0.0 $0.00 Fee 10 N-S030-1/2 33 inch Main $28.00 I U x N 0,0 $0,00 Fee 10 N-S033-112 36 inch Main $29.50 lUx N 0.0 $0.00 Fee 10 N-S036-1/2 42 inch Main $33.00 I U x N 0.0 $0.00 Fee 10 N-S042-1/2 48 inch Main $36.50 lUx N 0.0 $0.00 Fee 10 N-S048-1/2 54 inch Main $39. 50 lUx N 0.0 $0.00 Fee 10 N-S054-1/2 60 inch Main $43.00 I U x N 0.0 $0.00 Fee 10 N-SD60-1/2 66 inch Main $4600 I U x N 0.0 $0.00 Fee 10 N-SD66-1/2 72 inch Main $49 00 lUx N 0.0 $0.00 Fee 10 N-S072-112 COST SCHEDULE (7) REGENCY IMPROVEMENT AGREEMENTS MASTER 78 inch Main $52.00 I U x N 0,0 $0.00 Fee 10 N-SD78-1/2 84 inch Main $55,00 lUx N 0.0 $0.00 Fee 10 N-SD84-1/2 90 inch Main $58. 00 I U x N 0,0 $0.00 Fee 10 N-SD90-1/2 96 inch Main $61.00 lUx N 0.0 $0.00 Fee 10 N-SD96-1/2 Southeast Quadrant Hydrology Study N $0.00 Fee 10 N-SD-QUAD (Not Included) Bonds and Securities . $6,891,149 801-2601-0000-3899 . Not included in totals 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. S~e 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: COST SCHEDULE (8) Date: /'/ ~ I 4 .{.. ~ , , y I~) j--> I / ( Lz^-~ REGENCY IMPROVEMENT AGREEMENTS MASTER Oversizing Schedule (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement $33,224.00 Total Oversized Water Main Reimbursement (Developer is responsible for up to and including 12" mains $33.00 I foot) $0.00 Oversized Minimum 12" main Oversized Full Pipe $/foot 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 $0.00 N 18 inch Main $48.00 - $31.00 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) $33,224.00 Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 27 inch Main $25.00 - $23.50 X 0.0 $0.00 N 30 inch Main $2650 - $23.50 X 00 $000 N 33 inch Main $28.00 - $23.50 X 0,0 $0.00 N 36 inch Main $29.50 - $23.50 X 472.0 $2,832.00 Y 42 inch Main $33.00 - $23.50 X 0.0 $0.00 N 48 inch Main $36.50 - $23.50 X 792.0 $10,296.00 Y 54 inch Main $39.50 - $23.50 X 1,256.0 $20,096.00 Y 60 inch Main $43.00 - $23.50 X 0,0 $0.00 N 66 inch Main $46.00 - $23.50 X 0.0 $0.00 N 72 inch Main $49.00 - $23.50 X 0.0 $0.00 N 78 inch Main $52.00 - $23.50 X 0.0 $0.00 N 84 inch Main $55.00 - $23.50 X 0.0 $0.00 N 90 inch Main $58.00 - $23.50 X 0.0 $0.00 N 96 inch Main $61.00 - $23.50 X 0.0 $0.00 N PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (1) REGENCY IMPROVEMENT AGREEMENTS MASTER March 31 , 2003 BAKER-WILLIAMS ENGINEERING GROUP 6020 Rutland Drive Suite 19 Carmichael, Ca 95628 (916)-331-4336 Fax (916-331-4430 GILROY CROSSINGS GILROY, CALIFORNIA Preliminary Construction Cost Estimate Camino Arroyo, Holloway Road and Hwy 152 The following is our opinion of the off-site construction costs for the above referenced project. The offsite work includes street improvements for Camino Arroyo and Holloway Road, The traffic signal at Camino Arroyo and Hwy 152 and the sidewalk extension on Hwy 152 to the west of Hwy 101 , Camino Arroyo, 4 Lane Divided Arterial Estimate for street frontage & outside lanes at project limits ITEM DESCRIPTION 1 Clear & Grub/MobilizationlTraffic Control 2 Street Excavation 3 5"AC on 10"A.B. Paving adj to C&G 4 Vert Curb & Gutter 5 4.5' Wide Sidewalk 6 Commercial Driveway 7 Signing & Striping 8 Erosion/Sediment control and maintenance 9 Storm Drain Inlet Type Stm-1 10 Storm Drain Inlet Type GO 11 48" Storm Drain Manhole 12 60" Storm Drain Manhole 13 72" Storm Drain Manhole 14 84" Storm Drain Manhole 15 96" Storm Drain Manhole 16 15" Storm Drain 17 18" Storm Drain 18 24" Storm Drain 19 36" Storm Drain 20 48" Storm Drain 21 54" Storm Drain 22 8" Sewer service 23 6" VCP Sewer 24 8" Sewer Main 25 48" Sewer Manhole 26 Tie-in at Existing Water Main 27 2" Water Service 28 3" Water Service 29 2" Irrigation Service 30 6" PVC Sleeves 31 8" Water Main wi valves 32 12" Water Main wi valves 33 Air Release Valves 34 Blow Off 35 Fire Hydrants 36 Joint Utility Trench wi Substructures 37 Street Lights 38 Street Light and pole relocation 39 Traffic Signal at Main Entrance wi Interconnect To Holloway Rd SUBTOTAL Storm Drain Outfall to Princevalle Channel ITEM DESCRIPTION 1 54" RCP CL4 2 84" Storm Drain Manhole 3 Connection to Princevalle Channel SUB TOTAL Gilroy Offsrte Final Submittal Cost Est :>-31-03 QUANTITY 1 JOB 12,500 CY 91,307 SF 3,897 LF 17,537 SF 7EA 1 JOB 1 JOB 13EA 1 EA 1 EA 2EA 3 EA 1 EA 1 EA 688 LF 435 LF 262 LF 472 LF 792 LF 365 LF 6EA 101 LF 883 LF 3EA 2 JOB 6EA 1 EA 8EA 2 EA 516 LF 2,260 LF 3EA 1 EA 14EA 2,500 LF 16EA 1 JOB 1 JOB QUANTITY 891 LF 2 EA 1 JOB UNIT PRICE 25,000,00 5.00 3.50 20,00 4.50 4,000,00 5,000,00 3,500,00 1,000.00 1,000,00 2,500,00 3,000.00 4,000,00 4,500,00 5,000.00 30.00 40.00 50.00 75,00 90,00 130.00 1,000.00 40,00 40,00 3,000,00 2,500.00 1,000.00 1,000,00 1,200.00 1,200.00 45,00 60,00 2,500.00 1,000.00 3,000,00 30,00 2,500.00 2,000.00 150,000.00 UNIT PRICE 130.00 4,000.00 10,000,00 AMOUNT 25,000,00 62,500.00 319,574,50 77,940.00 78,916,50 28,000,00 5,000,00 3,500.00 13,000,00 1,000.00 2,500,00 6,000,00 12,000.00 4,500.00 5,000.00 20,640.00 17,400.00 13,100,00 35,400,00 71,280,00 47,450,00 6,000.00 4,040,00 35,320,00 9,000.00 5,000.00 6,000,00 1,000,00 9,600,00 2,400.00 23,220,00 135,600.00 7,500,00 1,000.00 42,000.00 75,000,00 40,000.00 2,000.00 150.000,00 $1,404,381,00 AMOUNT 115,830.00 8,000.00 10,000,00 $133,830.00 BAKER-WilLIAMS ENGINEERING GROUP 6020 Rutland Drive Suite 19 Carmichael, Ca 95628 (916)-331-4336 Fax (916-331-4430 QUANTITY 12,000 CY 87,232 SF 1 ,955 LF 6EA 1 JOB 4,860 SF 2,070 SF Camino Arroyo, 4 Lane Divided Arterial, Estimate for street median strip and center two lanes T.I.F. Reimbursed ITEM DESCRIPTION 1 Street Excavation 2 5"AC on 10"A.B.(12' Paved Lanes at Median) 3 Median Curb 4 Sleeves for Irrigation 5 Signing & Striping 6 Landscape Median 7 Colored Concrete Median SUB TOTAL UNIT PRICE 5.00 3.50 20,00 200.00 1 ,500,00 3.50 3.50 Holloway Road, 70' Collector Excluding RV Park Improvememnts ITEM DESCRIPTION 1 Clear & Grub/Mobilization 2 Street Excavation 3 5"AC on 10"A.B. Paving 4 Vert. Curb & Gutter 5 4.5' Wide Sidewalk 6 Commercial Driveway 7 Signing & Striping 8 Erosion/Sediment control and maintenance 9 Storm Drain Inlet 1 0 48" Storm Drain Manhole 11 60" Storm Drain Manhole 12 15" Storm Drain 13 18" Storm Drain 14 24" Storm Drain 15 30" Storm Drain 16 48" Sewer Manhole 17 8" VCP Sewer 18 6" VCP Sewer 19 8" Sewer Service 20 8" Water Stub for Fire Service 21 2" Water Service 22 3" Water Service 23 2" Irrigation Service 24 12" Water Main w/ valves 25 Fire Hydrants 26 Tie into Existing 27 Joint Utility Trench 28 Street Lights 29 1" Air Valve SUB TOTAL QUANTITY 1 JOB 9,500 CY 70,375 SF 3,800 LF 14,850 SF 2EA 1 JOB 1 JOB 8EA 2EA 3EA 123LF 537 LF 605 LF 307 LF 1 EA 215 LF 88LF 4EA 305 LF 5EA 1 EA 6EA 1 ,375 LF 3EA 2 EA 1 ,600 LF 8EA 2 EA Hwy 152 Misc Improvements. NE Corner of HWY 152 and Camino Arroyo Intersection, Machado Property T.I.F. Reimbursed ITEM DESCRIPTION 1 Demo/MobilizationlTraffic Control 2 Street Excavation for pavement widening 3 7.5"AC on 16"A.B. on 17" ASB Paving Widening 5 Sidewalk 6 Signing and striping 7 Drain Inlet 8 Street Lighting 9 15" Storm Drain w/ pavement replacement SUBTOTAL QUANTITY 1 JOB 2,128 CY 17,026 SF 920 SF 1 EA 1 EA 3 EA 117 LF Gilroy Offs~e Final Submittal Cost Est 3-31-03 2 UNIT PRICE 25,000,00 5,00 3.50 20,00 4.50 4,000.00 3,500.00 5,000.00 1,000.00 2,500.00 3,000,00 30.00 40,00 50,00 62,00 2,500,00 40,00 40,00 1,000,00 45.00 1,000,00 1,500,00 1,200,00 60,00 3,000,00 2,500.00 50.00 2,500,00 2,500,00 UNIT PRICE 15,000,00 10.00 5,00 3,50 3,000,00 1,000.00 2,500.00 40,00 AMOUNT 60,000,00 305,312,00 39,100.00 1,200,00 1,500.00 17,010.00 7.245.00 $431,367,00 AMOUNT 25,000,00 47,500,00 246,312,50 76,000,00 66,825,00 8,000.00 3,500.00 5,000.00 8,000.00 5,000.00 9,000,00 3,690.00 21,480,00 30,250.00 19,034.00 2,500,00 8,600,00 3,520.00 4,000.00 13,725,00 5,000,00 1,500.00 7,200,00 82,500,00 9,000,00 5,000.00 80,000.00 20,000.00 5,000.00 $822,136,50 AMOUNT 15,000.00 21,280.00 85,130.00 3,220.00 3,000,00 1,000,00 7,500.00 4,680.00 149,930,00 .. " BAKER-WILLIAMS ENGINEERING GROUP 6020 Rutland Drive Suite 19 Carmichael, Ca 95628 (916)-331-4336 Fax (916-331-4430 NW Corner of HWY 152 and Camino Arroyo Intersection, Newman Property T.I.F. Reimbursed ITEM DESCRIPTION 1 Demo/MobilizationlTraffic Control 2 Street Excavation for pavement widening 3 7,5"AC on 16"A.B. on 17" ASB Paving Widening 4 Curb and Gutter 5 Signing and striping 6 Drain Inlet 7 Street Lighting 8 15" Storm Drain w/ pavement replacement 9 Remove/relocate utilities SUBTOTAL QUANTITY 1 JOB 1 ,304 CY 10,428 SF 400 SF 1 EA 1 EA 3EA 18 LF 1 JOB South Side of HWY152 Project Frontage ITEM DESCRIPTION 1 Demo/MobilizationlTraffic Control 2 Street Excavation for pavement widening 3 7.5"AC on 16"A,B. on 17" ASB Paving Widening 4 Curb and Gutter 5 Frontrage Sidewalk 6 Commercial Driveway & Transition 7 Signing and striping 8 Drain Inlet 9 Street Lighting 10 15" Storm Drain 11 Remove/relocate/adjust utilities 12 Budget for Traffic Signal remedial work SUBTOTAL QUANTITY 1 JOB 1 ,694 CY 13,547 SF 296 SF 2,960 SF 2 EA 1 EA 1 EA 4EA 15 LF 1 JOB 1 JOB South Side of HWY 152, Offsite Sidewalk Improvements To West of HWY 101 T.I.F. Reimbursed ITEM DESCRIPTION 1 Demo/MobilizationlTraffic Control 2 Signing and striping 3 Drain Inlet Adjust 4 Remove/relocate/adjust utilities 5 Retaining Wall w/ Handrail 6 Concrete sidewalk extension to west side of Hwy 101 7 Curb and Gutter SUBTOTAL QUANTITY 1 JOB 1 JOB 1 EA 1 JOB 250 LF 13,800 SF 1 ,735 LF TOTAL If you have any questions of need additional information, please call. BAKER-WILLIAMS ENGINEERING GROUP Michael Robertson PE 39875 Gilroy Offsite Final Submittal Cost Est 3-31-03 3 UNIT PRICE 15,000,00 10,00 5,00 20.00 3,000,00 1,000.00 3,000,00 40.00 10,000,00 UNIT PRICE 20,000.00 10,00 5.00 20.00 3.50 5,000.00 2,500.00 1,000.00 2,500.00 30,00 10,000.00 75,000,00 UNIT PRICE 15,000.00 5,000.00 1,000,00 10,000,00 75.00 5.00 25,00 AMOUNT 15,000,00 13,040.00 52,140,00 8,000,00 3,000,00 1,000,00 9,000,00 720,00 10,000.00 111,900.00 AMOUNT 20,000.00 16,940,00 67,735,00 5,920,00 10,360,00 10,000.00 2,500.00 1,000.00 10,000.00 450,00 10,000,00 75,000.00 229,905,00 AMOUNT 15,000.00 5,000.00 1,000,00 10,000,00 18,750,00 69,000,00 43,375,00 162,125,00 $3,445,574.50 otr\) ~ -..}tr~ ftJ\\; PASS Hwy VICINITY SITE MAP Regency Realty Group, Inc., a Florida Corporation Tract No, 9487, Gilroy Crossings Exhibit A