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PIA No. 2007-02 - South County Community Builders DOCUMENT: 19413360 IIIII RECORDING REQUESTED BY: City of Gilroy REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Owner WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Fees. Taxes. Copies. AMT PAID Pages: 18 58.00 58.00 ROE fI 008 5/04/2007 8:47 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No: 2007-02 Tract 9867 - Alexander Place APN: 841-04-006 Alexander Place Development LLC A Delaware Limited Liability Company BY: South County Community Builders A California Non-Profit Public Benefit Corporation -1- 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. This agreement is made and entered into this 16th day of April , 2007 by and between the City of Gilroy, a municipal corporation, herein called the "City" and Alexander Place Develoment, 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: Tract 9867 - Alexander Place 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- 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 fumish 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- 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 (Builders Risk Insurance is not required when only mass grading and roadway-related improvements consisting of no structures are to be constructed). 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 -4- 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 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- 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 Tract 9867 Alexander Place Property Improvement Agreement. 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. 11. Streetscape construction and resurfacing of Lewis Street and the construction of traffic calming at Lewis Street and Alexander Street shall be deferred to the last phase of the Cannery Project construction. 12. Forest Street shall be resurfaced from the Miller Slough Bridge to Lewis Street. This work shall be deferred to the last phase of the Cannery Project construction. -6- SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOT AL AMOUNT DUE CITY $ 114.250.26 IN WITNESS WHEREOF, City has executed this agreement as of {/ F~J 'Z "3 I 7.00 7 - -' J~~J~ Rhonda Pellin CITY CLERK APPROVED AS TO FORM: Vhd/~ CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agreement as of 'II ~I/ IJ :;- unty Community Builders, Managing 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. -7- STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No. 2007-02, Tract 9867 - Alexander Place, APN: 841-04-006, Alexander Place Development LLC, A Delaware Limited Liability Company, BY: South County Community Builders, A California Non-Profit Public Benefit Corporation On April 23, 2007, 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. :P-i:d:C~, Signature of Notary Public ~....._..............._--_............... @ RHONDA PELlIN - -. Commission # 1581056 f i ... Notary Public - Callfomla i Santa Clara County - MyComm. Exp/r8$ Jun 19, 2 per GC Sec. 40814; CC Sec. 1181 (Notary Seal) ST ATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) OnWt1:f , before me, g~Rht? .o;t.l7-: A../o7Qy)' personally appeared ~f1i'1/:~ In/ () r . P,,/'//I"'- , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose namefs@'.u:e subscribed to the within instrument and acknowledged to me tha@3hc/the) executed the same in his/her/their authorized capacityE+es-), and that b~ihefttfteir signature(s) on the instrument the person~) or the entity upon behalf of which the person~) acted, executed the instrument. Signatur~~gtf per GC Sec. 40814; CC Sec. 1181 WITNESS my hand and official seal. 3/29/2007 251 PM CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO E1 Revised Revision Number' DATE 29-Mar-07 Revision By NUMBER TRACT 9867 ALEXANDER PLACE PROJECT LOCATION: LEWIS STREETI FOREST STREET PARCEL NUMBER 841-04-027 OWNER/DEVELOPER SOUTH COUNTY HOUSING MAILING ADDRESS TELEPHONE NO 408 -842 -9181 PREPARED BY: Jim Maestri Account No. Key Ccce Fee' Credits: Amount Due Account Description: Paid on InvOice # 100-2601-0000-3625 4904 $6,51720 $0.00 $6,51720 Special Public Works Serv 100-2601-0000-3605 4702 $103,263.84 $0.00 $103,263.84 Engring Plan Check & Insp 420-2600-0000,3660 4501 $1,442.36 $0.00 $1,442.36 storm Development Fee 432 - 2600-0000-3660 3301 $337.60 $0.00 $337.60 str Tree Development Fee DEFERED TO 433-2600-0000-3660 4905 $402,045.00 $0.00 FINAL Traffic Impact Fee DEFERED TO 435-2600-0000-3660 4509 $429,55500 $0.00 FINAL Sewer Development Fee DEFERED TO 436-2600-0000,3660 4510 $163,170.00 $0.00 FINAL Water Development Fee DEFERED TO 440-2600-0000,3660 4515 $739,970.00 $0.00 FINAL Public Facility Impact Fee 720-0433-0000,3620 2202 $2,689.26 $0.00 $2,689.26 Const Water Use Fee 801-2601-PVVDO-3899 4703 $0.00 $0.00 $0.00 Reimbursements 801-2601-PVVDO-3899 4703 $0.00 $0.00 $0.00 other Reimbursements Total $114,250.26 Payment Bond Performance Bond $1,215.798 $1,215.798 COST SCHEDULE (1) Fees Last Revised February 23, 2007 G\COMDEV\ENG\FEESIProject Cost Schedules\TRACT 9867 ALEXANDER PLACE (CANNERY II) 3/29/20.0.7 251 PM CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO: DATE: NUMBER PROJECT LOCATION: PARCEL NUMBER OWNER/DEVELOPER MAILING ADDRESS TELEPHONE NO PREPARED BY E1 I 29-Mar-2007 TRACT 9867 ALEXANDER PLACE LEWIS STREETI FOREST STREET 841-04-027 SOUTH COUNTY HOUSING 408 -842 -9181 Jim Maestri FINAL ENGINEERING COST SCHEDULE TYPE COST ESTI MATE? Y PLAN CHECK? N INCENTIVE AGREEMENT FEES ONLY? N IDEFER PUBLIC FACILITY FEE? TO PERMIT? N TO FINAL? Y DEFER SEVVER, WATER, TRAFFIC FEES? TO PERMIT? N TO FINAL? Y NOTE ThiS Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect at the time permits are issued. Site Information Gross Acres: Lots: Units: Sq Ft Residential,Low ? 2.140 35 35 Residential-High? 0..0.00 0. 0. Commercial-Low? 0..0.00 0. 0. Commercial-High? 0..0.00 0. 0. Industrial-General? 0.0.00 0. 0. Industrial-Warehouse ? 0.,0.00 0. 0. Assembly Hall? 0.0.00 0. 0. Common Area? 0.0.00 0. Commercial/Industrial Allocations: Sewer GPD: Water GPD 0. 0. Reimbursements and credits: N Country Estates Water System? N Southeast Quadrant Hydrology Study? N Obata Industrial Park Credit? Front Footage/Square Footage Charges and Construction Water: Street Tree FF 844.0. Pavement SF: 0..0. Water FF: DO. Median SF DO. Sewer FF: 0..0. Sidewalk SF: 0..0. Storm FF 0..0. Curb/Gutter FF: 0..0. Const Water Acres to be Developed: 2.140 Construction Water FF: 844.0. SPECIAL PUBLIC WORKS SERVICES 10.0-2601-0000-3625 $6,517.20. Maps Final Map $2,285.0.0. + $15.0.0. / lot Y $2,810..0.0. Fee ID ND-FINALM Parcel Map $2,485 DO. + $15.0.0. / lot N $000 Fee ID ND-PARCELM Re-assessment Map (Assessment District Parcels) $270.. DO. + $30..0.0. / lot N $0..00 Fee ID N-ASSESM Administration Fees: Southeast Quadrant Hydrology Study (Not Included) N $0.00 Fee ID N-SD-QUADA Scanning Fee (For Improvement Plans, multiply # of sheets by 2 ' scanning to be done at the beginning and end of the project) -1Q. # of Sheets for Map and $8.0.0. / sheet Y $240..00 Fee ID ND-SCAN Improvement Plans COST SCHEDULE (2) Fees Last Revised February 23, 2007 G:\COMDEV\ENG\FEESIProject Cost Schedules\TRACT 9867 ALEXANDER PLACE (CANNERY II) 3/29/20.0.7 251 PM Miscellaneous Engineering Services: (Cost Schedules, Agreements, RNV Reviews and other Mise. Services) 20. hr Mise Services $173.36 / hr ENGRING PLAN CHECK & INSPECTION (Based on total cost of public right-of-way improvements) ----2. hr Site grading and reinspection charges Estimated Cost of Public Improvements 12% $0. 10.% $10.0.,000. 8% over Payment Bond Amount for Offsite Improvements Performance Bond Amount for Offsite Improvements IMPACT FEES Storm Drain Impact Fee a Residential-Low b. Residential-High c.Commercial d.lndustrial e.Assembly Hall Obata Industrial Park Credits Obata Fee Credit Street Tree Fee a City Planting and Replacement $3.00 / If x b.lnspection and Replacement $0.40. / If x Traffic Impact Fee a Residential-Low b. Residential-High c.Commercial-Low Traffic (< 10..75 trips/1ODD sf) d.Commercial-High Traffic (>= 10.75 trips/1ooD sf) e.lndustrial-General f.1 ndustrial-Warehouse COST SCHEDULE Fees Last Revised February 23, 2007 Y $3,467.20. Fee 10 N-MISC 10.0-2601-0000-3605 COST ESTIMATE $10.3,263.84 FINAL ENGINEERING PLAN CHECK $0.0.0. $173.36 / hr Y $0..00 Fee 10 ND-GRADINS COST FINAL ENGINEERING ESTIMATE PLAN CHECK DIFFERENCE ($10.3,26384) $1,215,798 $0 Fee 10 ND,PCKINSP $10.0.,0.00 Y $12,0.000.0. Y $0..00 $20.0.,0.00 Y $10.,0.00.0.0. Y $0..00 $20.0.,0.00 Y $81,263.84 Y $0..00 $1,215,798 $1,215,798 420-2600.,0000,3660. $1,442.36 $874.00 / acre Y $1,442.36 Fee 10 ND-SD-LD $1,058.0.0. / acre Y $0.00 Fee 10 ND,SD-HD $1,826.0.0. / acre Y $0..00 Fee ID ND-SD-C $1,347.0.0. I acre Y $0..00 Fee ID ND-SD-I $874.00 I acre Y $0..00 Fee ID ND-SD-AH (Based on reimbursements due from oversized storm facilities) $1,170..0.0. I acre Y $0..00 Fee 10 N-SD-OBClTA 432-2600.-0000-3660. $337.60 N 0..0. = $0..00 Fee ID ND- TREEPL T Y 844.0. = $337.60. Fee ID ND- TREE INS 433-2600.-0000-3660. DEFERED TO FINAL $11,48700 I unit Y $40.2,0.45.00 Fee ID N6-TRAF,AL $9,311.0.0. I unit Y $0..00 Fee ID N7-TRAF-AH $12,70.900 / k.sJ. Y $0.00 Fee 10 N3- TRAF-CL $25,671.00 / ksJ Y $0..00 Fee ID N3- TRAF-CH $5,0.37.0.0. I k.sJ. Y $0..00 Fee 10 N4- TRAF-IG $3,6510.0. I k.s.!. Y $0..00 Fee ID N4-TRAF-IW (3) G:lCOMDEV\ENGIFEESlProject Cost ScheduleslTRACT 9867 ALEXANDER PLACE (CANNERY II) Sewer Impact Fee a Residential-Low 435-2600.-0000-3660. $12,273.00 I Unit Y $429,555.0.0. Fee ID N6-SS-AL b. Residential-High $6,6420.0. I unit Y $0..00 Fee ID N7,SS-AH c. Commercial/l ndustnal $3,884.0.0. I cgpd Y $0..00 Fee ID N5-SS-C/I Obata Industrial Park Credits Obata Fee Credit (Based on reimbursements due from oversized sewer faCilities) $531. 00 I acre Y $0..00 Fee ID N-Ss..OBA T A Water Il11lact Fee a Residential,Low 435-2600.-0000-3660. $4,662.0.0. 1 unit Y $163,170..00 Fee ID N6-WATR-AL b. Residential,High $1,885.0.0. I unit $0..00 Fee IDN7-WATR-AH Y c. Commercial/l ndustrial $7,308.0.0. 1 kgpd $0..00 Fee ID N5-WTR-CII Y Obata Industrial Park Credits Obata Fee Credit (Based on reimbursements due from oversized water facilities) $154.00 1 acre Y $0. 00 Fee ID N,VVR-OBA T A Public Facilities Il11lact Fee a Residential-Low 440-2600.-0000-3660. $21,142.00 I unit Y $17,910..00 1 unit Y $3,0.74.0.0. I k.sJ. Y $1,365.0.0. 1 ksJ Y 720-0.433-0000-3620. $2.76 IU plus $168.14 1 a.c Water User Fee (Construction) $739,970.00 Fee ID N6-PF-AL $0..00 Fee ID N7 -PF-AH $0..00 Fee ID N3-PF,C $0..00 Fee ID N4-PF-1 Y $2,329.44 Fee ID ND-CONWTFF $359.82 Fee ID ND-CONWTAC b. Residential-High c.Commercial d.lndustrial FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure) 3129/20.0.7 251 PM DEFERED TO FINAL DEFERED TO FINAL DEFERED TO FINAL $2,68926 Water Water Mains, including fire hydrants, valves and box: (Developer is responsible for up to and including 12" mains) HaW Pipe 6 Inch Main $44.0.0. 1 LF x 8 inch Main $46.0.0. 1 LF x 10 Inch Main $53.00 I LF x 12 inch Main $58.0.0. 1 LF x 14 inch Main $64. DO. 1 LFx 16 inch Main $70..00 1 LF x 18 inch Main $76.0.0. I LFx 24 inch Main $93.0.0. 1 LFx 3D inch Main $10.3.00 1 LFx 36 inch Main $119.00 1 LFx Country Estates Water System (Not Included) COST SCHEDULE Fees Last Revised February 23, 2007 8D1-2601-PVv1JO-3899 $0.0.0. Lineal Footaae N 0..0. = $0..00 Fee ID N-VVRD5-112 N 0..0. = $0.00 Fee ID N,VVRD5-1f2 N 0.0 = $0.00 Fee 10 N-VVR10-112 N DO. = $0..00 Fee ID N-VVR12-1f2 N 0..0. = $0..00 Fee ID N-VVR14-1f2 N 0..0. = $0..00 Fee ID N-VVR15-1f2 N 0..0. = $0..00 Fee ID N-VVR15-1f2 N 0..0. = $0..00 Fee ID N-VVR24-1f2 N DO. = $0..00 Fee ID N-VVR30-1f2 N DO. = $0. 00 Fee ID N,VVR35-112 N $0..00 Fee ID N-VVR-RESCE (4) GICOMDEVIENGIFEESlProject Cost ScheduleslTRACT 9867 ALEXANDER PLACE (CANNERY II) 3/29/2007 251 PM Front Foot Charges Ccntinued (Used to charge and reimburse fees for existing infrastructure) Sewer 801-2601-PVVDO-3899 $0.00 Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) HaW Pipe Lineal Footaae 6 inch Main $82.00 1 LF x N 0.0 = $0.00 Fee 10 N-SS06-1/2 8 inch Main $84.00 1 LFx N 0.0 = $0.00 Fee 10 N-SS06-1/2 10 inch Main $91.00 1 LFx N 0.0 = $0.00 Fee 10 N,SS1()'1/2 12 inch Main $93.00 1 LF x N 00 = $0.00 Fee 10 N-SS12-1/2 15 inch Main $98.00 1 LFx N 0.0 = $0.00 Fee 10 N-SS15-1/2 18 inch Main $105.00 1 LF x N 0.0 = $0.00 Fee 10 N-SS16-1/2 21 inch Main $115.00 1 LFx N 00 = $0.00 Fee 10 N-SS21,1/2 24 inch Main $119.00 1 LFx N 00 = $0.00 Fee 10 N-SS24-1/2 27 inch Main $138.00 1 LFx N 00 = $0.00 Fee 10 N-SS27,1/2 30 inch Main $162.00 1 LF x N 00 = $0.00 Fee 10 N,SS3()'1/2 33 inch Main $177.00 1 LF x N 0.0 = $0.00 Fee 10 N-SS33-1/2 36 inch Main $201.00 1 LF x N 00 = $0.00 Fee 10 N,SS36-1/2 39 inch Main $238.00 1 LF x N 0.0 = $0.00 Fee 10 N-SS3S-1/2 42 inch Main $298.00 1 LFx N 00 = $0.00 Fee 10 N-SS42-1 /2 Street Ill1>rovements 801-2601-PVVDO-3899 $0.00 Pavement Sidewalks & Medians Sauare Footaae AClBike path base $2.48 1 SFx N 0.0 = $0.00 Fee 10 N-STR-ACB AClBike path pvmt $2.45 1 SFx N 0.0 = $0.00 Fee 10 N-STR-ACP Sidewalk: new $9.50 1 SFx N 00 = $0.00 Fee 10 N-STR-SM' Sidewalk: replace $12.90 1 SFx N 0.0 = $0.00 Fee 10 N-STR-SMIR Resurfacing $2.93 1 SFx N 0.0 = $0.00 Fee 10 N-STR-RESU Landscaped Median $20 35 1 SFx N 0.0 = $0.00 Fee 10 N-STR-LANM Hardscaped Median $11.63 1 SF x N 0.0 = $0.00 Fee 10 N-STR-HARO Traffic Slanals (eauiDment onlv) % of LumD Sum Traffic Signal-3 leg $128,089.93 1 LS x N 0% = $000 Fee 10 N-STR-TS3L Traffic Signal-4 leg $155,987.40 1 LS x N 0% = $0.00 Fee 10 N-STR-TS4L Curb and Gutter Lineal Footaae Curb/Gutter new $25.20 1 LFx N 0.0 = $0.00 Fee 10 N-STR-C/G Curb/Gutter: replace $32.50 1 LF x N 0.0 = $0.00 Fee 10 N-STR-C/GR Curb Ramps $1,057.63 1 LFx N 0.0 = $0.00 Fee 10 N-STR-CR COST SCHEDULE (5) Fees Last Revised February 23, 2007 GICOMOEVIENGIFEESIProject Ccst ScheduleslTRACT 9867 ALEXANDER PLACE (CANNERY II) 3/29/2007 251 PM Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Storm Drain 801-2601-PWDJ-3899 $0.00 Storm Mains, including manholes and catch basins: (Developer IS responsible for up to and including 24" mains) Ha~ Pipe Lineal FootaQe 18 inch Main $7100 1 LF x N 0.0 = $0.00 Fee 10 N-SD18-1/2 21 inch Main $77.00 1 LF x N 0.0 = $0.00 Fee 10 N-SD21-1/2 24 inch Main $79.00 1 LFx N 0.0 = $0.00 Fee 10 N-SD24-1/2 27 inch Main $93.00 1 LFx N 0.0 = $0.00 Fee 10 N-SD27-1/2 30 inch Main $10000 1 LFx N 00 = $0.00 Fee 10 N,SD30,1/2 33 inch Main $103.00 LF x N 00 = $0.00 Fee 10 N-SD33-1/2 36 inch Main $106.00 1 LF x N 0.0 = $0.00 Fee 10 N,SD36-1/2 42 inch Main $110.00 1 LF x N 0.0 = $0.00 Fee 10 N-SD42,1/2 48 inch Main $131.00 1 LF x N 0.0 = $0.00 Fee 10 N-SD48-1/2 54 inch Main $154.00 1 LFx N 0.0 = $0.00 Fee 10 N-SD54-1/2 60 inch Main $17700 1 LFx N 0.0 = $0.00 Fee 10 N-SD60-1/2 66 inch Main $201.00 LFx N 0.0 = $0.00 Fee 10 N-SD66-1/2 72 inch Main $225.00 LF x N 00 = $0.00 Fee 10 N-SD72-1/2 78 inch Main $242.00 1 LF x N 0.0 = $0.00 Fee 10 N-SD78-1/2 84 inch Main $259.00 1 LF x N 0.0 = $000 Fee 10 N,SD84,1/2 90 inch Main $376.00 1 LF x N 00 = $0.00 Fee 10 N-SD90-1/2 96 inch Main $294.00 1 LFx N 0.0 = $0.00 Fee 10 N-SD96-1/2 Southeast Quadrant Hydrology Study (Not Included) N $0.00 Fee 10 N-SD-QUAD 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 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: D~~DIREcmR Print Name: Date APRIL 3, 2007 COST SCHEDULE (6) Fees Last Revised February 23, 2007 G:\COMDEVIENG\FEES\Project Cost Schedules\TRACT 9867 ALEXANDER PUlCE (CANNERY II) 3(29/20.0.7 251 PM OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Stann Drain Main Reimbursement $00.0. Total Oversized Water Main Reimbursement (Developer IS responsible for up to and Including 12" mains $117.00 ILF) $0.0.0. Oversized Minimum 12" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 14 inch Main $128.00 - $117.00 x 0..0. = $0..00 N 16 Inch Main $140..00 $117.00 x 0..0. = $0..00 N 18 mch Main $152.00 $117.00 X 0..0. = $0..00 N 20. inch Main $170..00 - $117.00 X 0..0. = $0..00 N 24 inch Main $185.00 - $117.00 X 0..0. = $0.00 N 30. inch Main $20.5.00 - $117.00 X Go. = $0..00 N 36 inch Main $238.00 ' $117.00 X 0..0. = $0..00 N Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains $187.00 ILF) $0.0.0. Oversized Minimum 12" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 15 inch Main $196.00 - $187.00 X 0..0. = $0..00 N 18 inch Main $210..00 - $187.00 X 0..0. = $0.00 N 21 inch Main $229.00 - $187.00 X Go. = $0..00 N 24 inch Main $238.00 - $187.00 X 0..0. = $0..00 N 27 inch Main $274.00 - $187.00 X 0..0. = $0..00 N 30. inch Main $323.00 - $187.00 X 0..0. = $0..00 N 33 inch Main $355.00 - $187.00 X 0..0. = $0..00 N 36 inch Main $40100 - $187.00 X 0..0. = $0.00 N 39 inch Main $476.00 - $187.00 X 0..0. = $0.00 N 42 inch Main $595.00 ' $187.00 X 0..0. = $0..00 N Total Oversized Stann Drain Main Reimbmnt (Developer is responsible for up to and including 24" mains $158.00 ILF) $0.0.0. Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 27 inch Mam $18500 ' $15800 X 0..0. = $0..00 N 30. inch Main $199.00 - $158.00 33 inch Main $20.5.00 - $158.00 36 inch Main $213.00 - $158.00 42 inch Main $221.00 - $158.00 48 inch Main $262.00 - $158.00 54 inch Mam $308.00 - $158.00 60. inch Main $355.00 - $158.00 PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE Fees Last Revised February 23, 2007 X 0..0. = $0..00 N X 0..0. = $0..00 N X 0..0. = $0..00 N X 0..0. = $0..00 N X 0..0. = $0..00 N X Go. = $0..00 N X Go. = $0..00 N (1) G:\COMDEVIENG\FEESlProject Cost Schedules\TRACT 9867 ALEXANDER PLACE (CANNERY II) 3(29/2007 251 PM Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storm Drain Main Reimbmnt Continued Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 66 inch Main $0.00 ' $158.00 X 0.0 = $0.00 N 72 inch Main $450.00 - $158,00 X 0.0 = $0.00 N 78 inch Main $485.00 - $158.00 X 0,0 = $0.00 N 84 inch Main $519.00 - $158.00 X 00 = $0.00 N 90 inch Main $553.00 - $158.00 X 00 = $0.00 N 96 inch Main $588.00 - $158.00 X 0.0 = $000 N PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (2) Fees Last Revised February 23, 2007 GICOMDEV\ENGIFEESIProject Cost ScheduleslTRACT 9867 ALEXANDER PLACE (CANNERY II) VICINITY SITE MAP Property Improvement Agreement No: 2007-02 Tract 9841 - Alexander Place APN: 841-04-006 Alexander Place Development LLC A Delaware Limited Liability Company BY: South County Community Builders A California Non-Profit Public Benefit Corporation Exhibit A