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PIA No. 2003-09 - Warmington Homes . ; RECORDING REQUESTED BY: DOCUMENT: 17481028 1111111111 II 11111III11/ City of Gilroy ?<~ Pages :18 Fees. Taxes Copies AMT PAID 58.00 58 00 WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE ** 102/16A 11/19/2003 9:09 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2003-9 Tract 9511, Walnut Park Warmington Walnut/Gilroy Associates, L.P., a California Limited Partnership by Warmington Homes, California, a California Corporation, its General Partner 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. 2003-9 This agreement is made and entered into this 20th day of October, 2003 by and between the City of Gilroy, a municipal corporation, herein called the "City" and Warmington Walnut/Gilroy Associates, L.P., a California Limited Partnership, by Warmington Homes, California, a California Corporation, its General Partner, 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 9511 Walnut Park AP.N. 790-20-065, 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 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. ,., SECTION 2 The Developer agrees: a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances, Resolutions, Rules and other Regulations and to comply with the foregoing and all applicable laws.. b. To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of way in and to his said real property necessary for the City in order that its water, electricity, and/or sewer lines in or to said real property may be extended. c. To indemnifY, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorneys' fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said real estate which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said real estate; or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this agreement, including without limitation all claims relating to injury or death of any person or damage to any property. d. To construct and improve all public works facilities and other improvements described in this agreement in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in the amount of ten percent (10%) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000)) to cover the one-year maintenance period. ') 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 ofthose 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: (I) 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 website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. e. That upon approval of the final map of the subdivision, the record of surveyor the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all sums, shown in Section 9 thereof to be due under the terms and provisions of this agreement. f At all times during the term of this agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee" and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this agreement or actually carried by Developer in connection with the work described in this agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made A 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. 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. l: 2. Schedule the construction of improvements along existing public roads sp 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 c. SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOT AL AMOUNT DUE CITY $102,614.76 IN WITNESS WHEREOF, City has executed this agreem ATTEST: ~.. .:J'" ,. / I i } .f ( . I - . / ~-V~-0-- Rhonda Pellin CITY CLERK APPROVED AS TO FORM: V~,tl.~ CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agreement as of ) 0119 )0' , OWNER WARMINGTON WALNUT/GILROY ASSOCIATES, L.P., A CALIFORNIA LIMITEDPARTNERSHW,BY WARMINGTON HOMES, CALIFORNIA, A CALIFORNIA CORPORATION, ITS GENERAL PARTNER BY: Michael W. McClellan ~D.. ion reside~ 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. .., CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT On l12J \ ~/1O before me, DATE NAME, TITLE OF OFFICER - E.G, "JANE DOE, NOTARY PUBLIC" personally appeared, \l1l\.lc11oel W. ~1l C{' tef(Q'n v personally known to me (-or pro'v'ed to Ille 011 tile 6tlsio of g61ti~factory...P.\'idonce) to be the person~ whose name~ isJai:e-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/thpir authorized capacity{ies), and that by his/ner/their-signature{s} on the instrument the personts), or the entity upon behalf of which the person(s1 acted, executed the instrument. WITNESS my hand and official seal. 1.- - ROBiN 'L. NEIZMAN ..~ - Comm. # 1408068 Ul U) NOTARV PUBLIC. CALifORNIA Con Ira Cosio County - 1~.. ..... ~:~o:.m~ :XPlres April 12, 2007 t (SEAL) OPTION.AL INFORMATION TITLE OR TYPE OF DOCUMENT DA TE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE ST ATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No. 2003-9 Tract 9511, Walnut Park, Warmington Walnut/Gilroy Associates, L.P., a California Limited Partnership, by Warmington Homes, California, a California Corporation, its General Partner On November 5, 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. ~tdt,--b:1LD["-- ' Signature ofNotaTy Public ~ .-. - .-. ..... .-. ...... ~ !VA...... -- .-. .-. 'i RHONDA PEWN _ Corrunission" 1305a15 ~ I Notary Public - California ~ ~---~~~;!~ per GC Sec. 40814; CC Sec. 1181 (Notary Seal) CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE ALL PARK, POLICE, FIRE, PUBLIC FACILITY, LIBRARY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNERIDEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: E1 1 01 30-Sep-2003 2003-9 TRACT 9511 WALNUT PARK 790-20-065 WARMINGTON 925-904-3233 J.MAESTRI408-846-o450 COST SCHEDULE TYPE: PRELIMINARY ESTIMATE? N FINAL FEES? Y IDEFER PARK, POLICE, FIRE, PUBLIC FACILITY & LIBRARY FEES? DEFER SEWER, WATER, TRAFFIC FEES? NOTE: This Final Cost Schedule has been adjusted to the rates currently in effect. INCENTIVE AGREEMENT FEES ONLY? N TO PERMIT? Y TO FINAL? N - - TO PERMIT? Y TO FINAL? N Site Information: Residential-Low? Y Residential-High? Commercial-Low? Commercial-High? I ndustrial-General ? Industrial-Warehouse? Assembly Hall? Common Area? Gross Acres: 5.740 0000 0.000 0000 0000 0.000 0000 0.000 Lots: 31 o o o o o o Units: 31 o Sq Ft: o o o o o o Commercial/I ndustrial Allocations: Sewer GPD: Water GPD: o 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/Square Footage Charges and Construction Water: Street Tree FF: Water FF: 00 Pavement SF: 0.0 0.0 Median SF: Sewer FF: 0.0 Sidewalk SF: Storm FF: 0.0 Curb/Gutter FF: 0.0 Const Water Acres to be Developed: 5.740 Construction Water FF: 360.1 Special Public Works Services 100-2601.Q000-3625 $595.90 Maps: Final Map $3,850.00 + $60.00 / lot N $0.00 Fee 10 N-FINALM N $0.00 Fee 10 N-PARCELM N $0.00 Fee ID N-ASSESM Y $0.00 Fee 10 N-WR-RESAD Y $0.00 Fee 10 N-SS-RESAD or N-SS-C/IAD Y $0.00 Fee 10 N-SD-QUADA (2) Parcel Map $1,620.00 + $40.00 / lot Re-assessment Map (Assessment District Parcels) $2,240.00 + $25.00 / lot Administration Fees: Country Estates Water System (Not Included) Country Estates Sewer Trunk Main (Not Included) Southeast Quadrant Hydrology Study (Not Included) COST SCHEDULE Fees Last Revised Sept 02 TRACT 9511 WALNUT PARK 10/06/03 MON 11:01 FAX 408 846 0500 CIn OF GILROY ~UUJ CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE ~NCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNERiDEVELOPER: MAILING ADDRESS; reLEPIo!ONE NO: PREPARED BY E1 t 01 30-5ep-2003 . TRACT 9511 WALNUT PARK 79o-20~6S WARMINGTON 925-904-3233 J.MAESTRI 408..a46~4SO COST SCHEDULE TYPE: PRELIMINARY ESTIMATE? N FINAL FEES ?Y IDEFER PARI<, POLICE. FIRE, PUBLIC FACILITY & LIBRARY FEES? DEFER SEWER, WATER, TRAFFIC FEES? NOTE: This Final Cosl Schedule has been !Id]usled to the rates currenuy In affect. INCENTIVE AGREEMENT FEES ONLY?N TO PERMIT? ~ TO F,INAL?~ TO PERM IT ?N TO FINAL? N Site Information: Residential-Low? Y Resldentlel-High ? CommerciBI-Low? Commerclel-Hlgh ? InduslriQl-GiGMnlt? Industriel-Werehouae? Assembly Hell? Common Arlie? Sq Ft: o o o o o :0 CommerclelnMUSlriel Allocetions: Sewer GPO: o Wilier GPO: o Reimbursements end credits: N Country EstBlea Water SY5tem? . ill Country Estates Sewer System? N Southeast Quedr'/lnt HydrOlOgy StudY? N Obeta Industrial Perl<. Credit? Fronl Footage/Square FootBge Charges Ilnd Construction Weter: SIree1 Tree FF: Water FF: .0:0' Pllvement SF: .0:0 0:0 Medlen SF: .. 0.0 Sewer FF: 0.0 Sidewalk SF: G.O Slorm FF~ 0:0 C urblG utter F F: 0.0 Consl Water Acres 10 ~e Oevelopea: ....5:740 Construction Water FF: 360:; Speciel Public Wof1(s Services 100-2601-0000-3625 $695,90 Maps: Final Map $3,850.00 + $110.00 / lot N $0,00 Fae ID N-FINALM N $0,00 F=ee ID N-PARCELM N $0.00 Fea ID N-ASSESM Y $0,00 Fee 10 N-WR-RESAD y 50.00 Fee ID N-SS-RESAD or N-SS.CnAD y $0,00 Fee ID N.SO.QUAOA Parcel Milo $1,620.00.. $40,00 / 101 Re-asaessment Map (AssB$smenl Dislrict Parcels) $2,240.00 + $25.00 / lot AdminislrBtion Fees: Country Estates Water System (Not Included) Country E:stetes Sewer Trunk Main (Nollneluded) Southeast OUilldranl Hydrology Sluay (Nollncluded) COST SCHEDULE (2) Fees Last Revised Sept 02 TRACT 9611 WALNUT PARK 10/06/03 MON 11:01 rAX 40~ ~46 0500 CITY Or GiLROY ~004 Miscellaneous Engineering Services: (Cost Schedules, Agreements, Rrw R.lNlewe end Olnar Misc. Services) -22. hr M!$c: Services $59,69 I .hr, y $696,90 Fee 10 N-MISC or N-MISCF $96.874.08 Engrlng Pl1In Ct1ecK end Inspection (Based on total cost of public right-of-way improvements) 100-21501..0000-3605 $0.00 Fee ID N-GRADINSP or NoGRADINSF ~ hr Sile grading and relnspection chBlrges $59.59 f hr. y Estimaled Cosl of Public ImprovemenlS PROVIDED BY HANNA BRUNETTI $1.135,9:26 Fee ID N.PLANCK or N-PLANCKF 12% $0 $100,000 y $12,000.00 10% $100.000 $200,000 y $10.000.00 Bo;. over $200,000 y $74.874.08 P8ymenl Bond Amount for OlTslle Improvements Performance Sond Amount for Offaite Improvaments · . $1,135,926 $1,135,926 Impact Fus: Perl< Impact Fee 410-2600.Q000-3660 $320,540.00 a.Reslcenlial-Low $10,3.40.00 f unit y $320,540.00 Fee ID N.PARK.RLO b.Residen~al-High $7,380.00 I unit y $0,00 I=ee 10 N.PARK.RHD Storm Drain Impact Fee 420.2800.Q00O-3660 $3.185.70 a.Residential-Low $555,00 I BC", Y $3.186,70 Fea 10 N-SD-RLD bRealdentiel-High $833.00 I eCIll Y $0,00 Fee 10 N-SD-RHD c.Commerclel $1,110.00 I ecra .y $000 Fee 10 N.SD.cOM o .Industrlal $1,249.00 I acre Y $0.00 Fee 10 N-SD-IND a.Assembly Hall $565.00 f acre Y $0.00 Fee ID N-SD-AH Obsta Il"Idustrlel Park Credits (Based on reimbursements due lrom oversized storm fecllltiea) Obets Fee Credit $ 1 ,170.00 I acre y $0.00 Fee ID N-SD-OBATA COST SCHEDULE (3) .. Fees Last RevIsed Sept 02 TRACT 9511 WALNUT PARK 10/06/03 MON 11:01 FAX 408 846 0500 ClTY OF GIL.KOY impact Fees' Street Tree Fae 432-26QO.{)OOO-3660 Front Footace a.Clty Planting and ~eplacemanl $2.56 f fJ. X $0,00 Fee 10 N-TREEPLNT N 0.0 = b.lnspaclion and Raplacement $0,36 I f.!. x 0.0 = $0.00 Fee 10 N-TREEINSP y ~uu:> $0,00 Traffic I mpecl Fee 433-2600-0000.3660 $172.360.00 e .Resldenllal-l..ow $5,560.00 f unit Y $172,360.00 Fee 10 N-TRAF-RLO b.R9$iderrtial-High $4,610.00 f unit y $0,00 Fee 10 N-TRA!=.RHO c.Commercial-Low Tlllffic (<= 4lrlosfl000 sl) S6.150.00 f k,sJ. V $0.00 Fee ID N-TRAF-cL T d.Commerclal-Hlgh Tral1'le (> 4 trip&'1000 sf) $12,430,00 f k.sJ, .y $0,00 Fee 10 N-TRAF.CHT e.lndustr19k:;eneral $2.400.00 I k.s.!. Y $0.00 Faa 10 N-TRAF-IG f,lndustrial-Warehouse $1.nO.00 f I<.s.f, Y $0,00 Fee ID N-TRAF-lW Police Impact Fee 434-2600~0-3860 $69.590,00 B.Rasidenlial-Low $2.890.00 f un~ Y $69.690,00 Fee 10 N-POLC-RLD b.Resldentllll-Hlgh 54,690.00 f unb y $0.00 Fee 10 N-POLC-RHD eCommarciel $2,1SB0.OO I k.sJ. Y $0.00 Fee 10 N.pOLC-COM d.lndustrlel $120.00 f k.eJ. Y $0,00 Fee 10 N.PO~C-lNO COST SCHEDULE (4) Fees Last Revised Sept 02 TRACT 9511 WALNUT PARK 10/06/03 MON 11:01 FAX 408 846 0500 CITY UF GILRUY tejUUB ImpEl~1 Fees: Sewer Impa~1 Fee 435-2600-o0OQ.3660 $219.790.00 $219,700.00 Fee 10 N.SS-RLO a.Residentlal-Low $7,090.00 I unit y b .Residentiel-Hlgh $6,070.00 I unit y $0.00 Fee 10 N.SS-RHO c.Commerciel/lnd uSlrl81 $2.270.00 I cgpd y $0.00 Fee 10 N-SS-C/I country estates Sewer TrunK Main (Nolln~luded) 'y $0.00 Fee ID N-SS-RESCG or N-SS-CIICG Obata Industrial Pari< Cradils (Based on reimbursements due from oversized sewer facilities) Obata Faa Credit $531.00 I acre y sO.OO Fee 10 N-SS-OBATA Watar Impact Fee 436,02600-0000-3660 $80,600.00 a.Resldentlal-l.ow $2,600.00 I unit y $BO,600.00 Fee 10 N-WATR-RLD b.Residentlel-High $1,660.00 I un~ .y $0.00 Fee ID N-WATR-RHD c .Commerclellt ndustnel $3,950.00 I kgpd y SO.OO Fee 10 N-WATR-CII Obele Induatrlsl i='ar1< Cradlts (Based on raimbursements due from oversized weIer faclii~es) Obelli Fee Credit S~54.00 / acra '( $0.00 FlllllO N-WR.QBATA Fire Impact Fee 437-2600-0000-3660 $38,440.00 s .Residential-LDw $1,240.00 I unit Y $38,440,00 Fee 10 N.FIRE-R~D b.Rasidential-H igh $1,790.00 I unit y $0,00 Fae 10 N-FIRE-RHO c.Commercial S6oo.00 I k.s.f. Y $0,00 FOil 10 N-FIRE.cOM d .I ndlJ6trial $140,00 / \(.s.f. y $0,00 Fee 10 N.FIRE-INO Public Fecilities Impa~ Fee 436-2600-0000-3600 $96,100.00 a.Residenliel-Low $3,100.00 I unit y $96,100.00 FeslO N-PF-RLO b.Residentiel-High $600.00 I unit y $0.00 Fee 10 N.i='F-RHO c.Commerclel $850.00 I k.sJ. Y SO.OO Fee 10 N-PF.cOM O.InduSlrlel $600.00 I k.s.f. Y $0.00 Fee ID N-PF-IND Library Impact Fee 43S-2600.{l000-36GO $S6,~ 10.00 e .Filaaldentlel-LDw $1,Bl0.00 I unit Y $56,110.00 Fee 10 N.'-IB-~LO b. Residentlel.H ig h $1,290.00 / unll y 50.00 Fee ID N-L1 B-RHO Waler UStlr Fee (Construction) 720-0433.{l000-3620 'yo $1,959.06 $2.76 I f.f. + $166,14 I !!I.C. Fee 10 N-CONWATj:j: ana N~ONWATAC COST SCHEDULE (6) Fees Last Revised Sept 02 TRACT 9611 WALNUT PARK lU/Ut5/UJ ~1UN 11: UZ J:-AA 'lU~ ~'lt5 U5UU Cln UJ:- GILKUY 19j UU7 Front FCOI Chargee: (Used 10 charge and reimbu~e fees for exiSllng IntrBauuCIure) Water 801-2601.f'WD-3899 $0.00 Waler Mains, including fire hydrenls, valve" and box: (Developer Ie reeponalllle for up to end Including 12- melr'l$) l-Ial(Plpe Front Footege 6 inch Main $14.00 I f.t. x :N 'IJ.lJ = $0.00 Fee ID N-WR06-1/2 e inch Mein $15.00 I l.t. x N 0,0 = $0.00 Fee 10 N-WR08-1/2 10 inch Main $16.50 I f.f.x N o~o = $0.00 Fee 10 N-WR10-1/2 12 inch Main 51B.60 I (.f. x N 0.0 = SO.OO FealO N-WR12-1/2 14 inch Main 520.50 lH.x N OCO' SO.OO Fee 10 N-WR14-1/2 16 inch Main $23.50 I U. x :N :0,0 $0,00 FelllD N-WR18-1/2 18 Inen Main $27.00 I f.f. x N ::0,0 .. $0,00 Fee ID N-WR1B-1/2 24 Inch Meln $34.50 I U. X N .: 0,0 = $0,00 Fee ID N-WR24-1/2 30 inch Main $40.50 / f.t. x N OJj ,. $0.00 Fee 10 N-WR3C.112 36 inch Main $47.50 / !.t. x N .0,0.0; $0,00 Fee 10 N.wR36.112 Country Estetes Weter System Y: $0,00 Fee ID N-WR~eSCe (Not Included) Sewer B01-2601-PWD-3899 SOOO Sewaf Mains. inClUding manhole: (Daveloper is responsible for up 10 and including 12" mains) Hel(Plpe Front Fool8ge 6 inch Main $13.50 lUx N: ::' .Cl.O = sO.OO Faa ID N-SSOB-1/2 8 inch Main $14.00 / I.f. x N: 0.0 $0.00 Faa 10 N-SSOB-1/2 10 inch Main $15.50 lUx N: 0.0 = $0.00 Fae ID N-SS10-1/2 12 Inch Main $17.00 I f.f. x N 0.0 = $0.00 Fee ID N-SS12-1/2 15 inch Main $21.00 I fJ. x N .: 0.0: = $0.00 Fee ID N-SS1 5-1 12 16 inch Main $26.00 I Lf. x N :a.o = $0,00 Fea ID N-SS1S-1/2 21 InCh Main $31.00 If.f.x N.:' 0.0 = $0.00 FeelD N-SS21-1/2 :!4 Inch Main $36.00 / fJ. x III 0.0: = SO,OO FeelD N-SS24-1/2 27 inch Main $40.00 I !.f. x N '.0.0 = $0.00 Fee 10 N-SS27-V2 Country ESll!ltes SewerTrunk Mal" (Nollncluded) y $0.00 Fea ID N-S5-RESNH and N-SS-RESCE or Fee 10 N-5S-CIINH end N.SS-C/ICE COST SCHEDULE (6) Fees Last Revised Sept 02 TRACT 9611 WALNUT PARK Front FOOl Charges: Street Improv8mllrlts B01-2S01-PWD-3899 $000 Pavement, Sidewalks & Medians SqUBre Footage AC/Blke path: bese $:3.60 I s.1, x N 0.0 SO.OO Fee 10 N-STR-ACB ACISlke path: pvml $1,50 I s.f.x N (HI' = SO.OO Fee ID N-STR-ACP Sldewelk: new $10.30 I s.r.x N: O~O $0.00 Faa 10 N-STR.s,w Sidewalk: replllce $14.40 15.I,x N: 0,0 " $0,00 Fee ID N.STR.s/wR RElSurfaclng S3.60 15,1, x N. 00 " SO.OO Fee 10 N.STR-RESU Landsceped Medlen $6.20 I e.f." N ' 0..0 = $0.00 Fee ID N-STR-LANM l-ierdecepea Me<lien S6.70 I s.l.X N 0.0 = SO.OO Fee 10 N-STR-HARO Treffic Signala (equipment only) 0/0 of Lump Sum Traffic Slgnal-3 leg $103,000.00 II,s, x 1'4< .0% " $0.00 Fee 10 N-STR-TS3L Tralflc 5lonel-4 leg $133,900,00 / I.s, x N: 0%: · 50.00 Fee 10 N-$TR-TS4l Curb and Gutter Curb/Outler: new $10,30 / t,1. x N SO.OO Fee ID N-STR-C/O Curb/GUlter: replece $36.10 / f.f. x N' 0.0 50.00 Fee 10 N-STR~/GR lU/Uti/UJ MUN 11:UZ ~AA 4U~ ~4ti U5UU un Ut t:ilL!<UY Storm Drain a01-2601-PWD.3899 Storm Meins, Including manholes end C9tch basins: (Developer ia responsible for up to and including 24. mains) Half Pipe FroN Footage 18 inch Mein 521.50 I f.f. x 1'4' .. >0.,0 ~ 21 inch Main $24.00 / f.f. x 'N.:": . 0.0 = 24 inch Main $26.60 I r.f.X ]\I O~O = 27 inch Main 527,00 / U. x N. . 0.6 = 30 inch Main $29,00 I 1.1. X .N 0'.0' = 33 Inch Main $:30.50 lUx N 0.0 = 36 inch Main $32.00 / 1.1, x N. O.Q = 42 inch Main $36.00 I 1.1. X N.. 00 = 48 Inch Meln 539.50 / U x N .. 0.0, = 54 inch Main $42.50 lUx IiJ 0:.0. = 60 Incn Main $45.50 / f.f. x N ..0.0 ;;; COST SCHEDULl: (7) Fees Last Revised Sept 02 $0.00 Fee ID N-SD18-112 $0.00 Fee ID N-SD21-1/2 50.00 Fee 10 N.SD24.112 $000 Fee ID N.SD27.1/2 $0,00 Fee ID N-S030-112 $0,00 Fee 10 N-S033-112 $0.00 Fee ID N-SD36-112 $0,00 Fee ID N.SD42.112 $0.00 Fee 10 N-SD4S-1f2 SO,OO Fee 10 N-SD54-112 $0.00 Fee ID N.S06Q.112 If!J UUO so,OO TRACT 9611 WilL-NUT PARI< lUI Ut5l UJ AlUN 11: U~ tAl. 4UI:I 1:1415 U:'UU ellr UI" blLKur ~VVl:l Front FOOl Cherge$: 66 Inch Meln $50.00 I U.x N ..: :0.0'" $0.00 Fee ID N-SD65-112 7Z lncn Mein $53.00 / f.f. x N 0'.0 = SO.OO Fee ID N.SD72- 1 12 78 inch Main $56.50 I fJ. X N '0.0 = $0.00 Fee 10 N.S078-112 84 Incn Main $60.00 / fJ. X N> $0.00 Fee 1D N-S064-1r'2 90 Inch Mein $6300 / fJ. )( N 0.0 = $0.00 Fee ID N.$oe0-112 96 inch Main $66.50 I r.r. X N '0.0 = $0.00 I"ee ID N-soe6-'r'2 Southeast Quadr'l!lnl Hydrology Study y $0.00 Fee 10 N-SD-QUAD {NOllncluded} NOTE: All deferred and/or estimated fees will be edjU6ted 101M lilIes In erTect Btlfle lime Building ~ermits are il;:sued. The undersigned agrees to provide ectual construcllon cost$ for racalculation of faes and pay any undera$tlmeled tees prior 10 final !Icc"plence, If the rec:elculeted fees ere le8$ thon tho esllmate, the Clly r:i Gilroy will refund Ihe dllTerenc:e, Slle grading and reinspection charges InClUding relnspeclion af bacltyard drwinl!lge will be billed al the Engineering Division hourlY rale In effect at the time of inspec;lion. ,~,.,,"~~. Gtt v0 .~~ ~~"-::::.~~ Oete: \~l(~ Ja:> I COST SCHEDULE (8) Fee5 Last Revised Sept 02 TRACT 95" WALNUT PARK VICINITY SITE MAP Property Improvement Agreement No. 2003-9, Tract Map 9511 and Improvement Plans for Tract 9511 Warmington Walnut/Gilroy Associates, L.P., a California Limited Partnership by Warmington Homes, California, a California Corporation, its General Partner Exhibit A