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PIA No. 96-25 - Warmington HomesRECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Susanne E. Steinmetz City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 13439467 Titles:] / Pages 16 Fees.. . 52.00 Taxes... A001 3439467w Copies . . AMT PAID 52.00 BRENDA DAVIS RDE # 008 SANTA CLARA COUNTY RECORDER 9/10/1996 Recorded at the request of 2 :23 PM City / • O (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement Tract No. 8885 Warmington Homes DOCUMENT TITLE PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 96 -25 This agreement is made and entered into this 3rd day of Sept. , 19 96, by and between the City of Gilroy, a municipal corporation, herein called the "City" and Warmington Homes , a real property owner, developer or subdivider, herein called the "Developer ". WHEREAS, a final map of subdivision, record of survey or 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. 8885 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 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 therefore approved by the City Engineer. Developer shall furnish two good and sufficient bonds, in form and content and issued by a bonding company acceptable to City as follows: (i) a performance bond to be executed in the face amount of not less than Two Hundred Forty -Two Thousand Thirty Dollars ($242,030.00), and (ii) a payment bond to be executed in the face amount of not less than Fifty percent (50 %) of the performance bond described in (i) immediately above, both such bonds being issued for the improvements described in this agreement. The performance bond 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 payment bond shall secure payment to the subcontractors and persons renting equipment for the furnishing of labor or materials for the improvements, as provided in Sections 66499 et 5Leq of the Government Code of the State of California, the Codes, the Ordinances, Resolutions, Rules and the Regulations of the City, and this agreement. 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 performance bond shall by its terms remain in full force and affect for a period of not less than one year after completion of the improvement by Developer and acceptance of said 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 in the amount of 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. 2 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 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 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 Director of Public Works. 1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 3. All work within the public right -of -way shall be subject to the approval of the City Engineer. 4. Before construction utilizing combustible materials may proceed, an all weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 500 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. 4 SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $ 430,974.42 IN WITNESS WHEREOF, City has executed this agreement as of ' —'-� —5� ATTEST: CIT' A �� q41— CITY CLERK Susanne E. Steinmetz APPROVED AS TO FORM: CITY ATTORNEY Linda A. Callon IN WITNESS WHEREOF Owner has executed this agreement as of 8/27 96 OWNER WARMINGTON HO S LA�¢� Mich el W. McClellan President DATE 8/27/96 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. 5 �6 9x36 Ave. i n�nn�n n�« ©n n�nn�n nn��n �nnnnn © ®mon D © ©nnnn Ise!! it t I I r 6 4/ 5 5 - - -L —J L_ �I n ii 4 Rim Iffilm, 41% ,�I► M as 4Animas P.Qri-- - -, � •� AIN ELEMENTA SCHOOL ❑ o 01-1 IA �niin0� ■�nnnnn� �� ---n C a r „A Vicinity Site Map Property Improvement Agreement No. 96 -25 Tract No. 8885 Warmington Homes E ��V: j29 9 6 2 o� i o 0 . 0 CALIFORNIA ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF Contra Costa On 8/27/96 before me, Ellen M. Babbitt DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, Michael W. McClellan personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/ they executed the same in his /her /their authorised capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Eden M. Babbitt WITNESS my hand and official seal. Cantu #107,2 P11" CAUP00" (SEAL) OTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT Property Improvement Agreement Residential DATE OF DOCUMENT 8/27/96 NUMBER OF PAGES Five SIGNER(S) OTHER THAN NAMED ABOVE None DATE: 30- Jul -96 NUMBER: 96 -25 PROJECT LOCATION: PARCEL NUMBER: OWNER /DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: CITY OF GILROY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION FINAL CHARGES ALL PARK, POLICE & FIRE DEVELOPMENT FEES HAVE BEEN DEFERED TO BUILDING PERMIT. Park Commons 6 Church Street and Mantelli Drive Warmington Homes 3160 Crow Canyon Place, Suite 200, San Ramon, Ca. 94583 510 4866 -6700 M. Fachin Account No. Key Code Fee: $0.00 $44,740.00 100- 2601 -3- 600400 4904 $5,900.28 100 - 2601 -3- 600412 4702 $44,740.00 410 - 2600 -3- 629000 3302 $344,519.00 420 - 2600 -3- 680200 4501 $2,743.83 431- 2600-3 - 680300 5001 $0.00 432- 2600 -3- 625000 3301 $0.00 433- 2600 -3- 681000 4905 $147,539.00 434- 2600 -3- 680000 4402 $18,032.00 435- 2600 -3- 671000 4509 $142,051.00 436- 2600 -3- 695000 4510 $78,449.00 437- 2600 -3- 680000 4511 $3,969.00 720 - 0433 -3- 690000 2202 $9,551.31 801 - 0000 -2- 229015 4703 $0.00 801- 0000 -2- 229015 4703 $0.00 801- 0000 -2- 229015 4703 $0.00 Totals ................ $797,494.42 Bonds and Securities $873,000 SERVICE CHARGES (1) Credits: Amount Due: Account Description: $0.00 $5,900.28 Special Public Works Sery $0.00 $44,740.00 Engring Plan Check & Insp DEFERED TO BLDG PERMIT Park Development Fee $0.00 $2,743.83 Storm Development Fee $0.00 $0.00 Utility Undergrounding Fee $0.00 $0.00 Str Tree Development Fee $0.00 $147,539.00 Traffic Impact Fee DEFERED TO BLDG PERMIT Police Development Fee $0.00 $142,051.00 Sewer Development Fee $0.00 $78,449.00 Water Development Fee DEFERED TO BLDG PERMIT Fire Development Fee $0.00 $9,551.31 Const Water Use Fee $0.00 $0.00 Reimbursements $0.00 $0.00 XXX $0.00 $0.00 XXX $0.00 $430,974.42 DATE: 30- Jul -96 NUMBER: 96 -25 CITY OF GILROY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION FINAL COST SCHEDULE ALL PARK, POLICE & FIRE DEVELOPMENT FEES HAVE BEEN DEFERED TO BUILDING PERMIT. PROJECT LOCATION: Park Commons 6 PARCEL NUMBER: Church Street and Mantelli Drive OWNER /DEVELOPER: Warmington Homes MAILING ADDRESS: 3160 Crow Canyon Place, Suite 200, San Ramon, Ca. 94583 TELEPHONE NO: 5104866 -6700 PREPARED BY: M. Fachin DEFER PARK, POLICE & FIRE DEVELOPMENT FEES ? Y NOTE: This 100 % cost schedule has been adjusted to the rates in effect at the time building permits were issued. All Park, Police & Fire development impact fees have been defered and will be collected with the building permit fees. Site Information: Acres: Lots: Units: Sq Ft: Y Residential -Low ? N Residential -High ? N Commercial -Low ? N Commercial -High ? N Industrial - General ? N Industrial - Warehouse ? N Assembly Hall? Common Area? Commercial /Industrial Allocations: Reimbursements and credits: N Country Estates Water System? N Country Estates Sewer System? N Obata Industrial Park Credit? 7.090 0.000 0.000 0.000 0.000 0.000 0.000 0.000 49 0 0 0 0 0 0 Sewer GPD: 0 49 0 Water GPD: 0 N Northwest Quadrant Sewer? N Southeast Quadrant Hydrology Study? Front Footage for Front Foot Charges and Construction Water: Street Tree FF: Water FF: Sewer FF: Storm FF: 0.00 0.00 0.00 0.00 Special Public Works Services 100 - 2600 -3- 600400 100% Maps: Final $3,025.00 + $50.00 / lot Y $5,475.00 Parcel $1,070.00 + $100.00 / lot N $0.00 Reapportionment (Assessment District Parcels) _ $1,767.00 + $100.00 / lot N $0.00 Administration Fees: _ Country Estates Water System Y $0.00 (Not Included) _ Country Estates Sewer Trunk Main Y $0.00 (Not Included) _ Northwest Quadrant Sewer Trunk Main Y $0.00 (Not Included) _ Southeast Quadrant Hydrology Study Y $0.00 (Not Included) _ COST SCHEDULE (1) 0 0 0 0 0 0 Construction Water FF: 3,240.00 $5,900.28 $5,900.28 N Miscellaneous Engineering Services: (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) 2 hr Misc Services $77.00 / hr. Y $154.00 Public Works Microfilming (Maps and Plans): 1- 6 shts $149.94 + $6.62 / sheet Y $0.00 7 -12 shts $191.84 + $6.62 / sheet Y $271.28 13-18 shts $233.73 + $6.62 / sheet Y $0.00 # of Shts 12 Engring Plan Check and Inspection 100- 2600 -3- 600412 $44,740.00 (Based on total cost of public 100% $44,740.00 right -of -way improvements) 6 hr Site grading $77.00 / hr. N $0.00 Actual Cost of Public Improvements $582,000 10% of first $100,000 Y $10,000.00 8% of $100,000 - $200,000 Y $8,000.00 7% over $200,000 Y $26,740.00 Offsite Improvements to be Bonded $582,000 PARK FEE DEFERED TO BUILDING PERMIT Park Impact Fee 410 - 2400 -3- 629000 $344,519.00 100% $344,519.00 a.Residential -Low $7,031.00 / unit Y $344,519.00 b.Residential -High $5,022.00 / unit Y $0.00 Storm Drain Impact Fee 420 - 2600 -3- 680200 $2,743.83 100% $2,743.83 a.Residential -Low $387.00 / acre Y $2,743.83 b.Residential -High $581.00 / acre Y $0.00 c.Commercial $775.00 / acre Y $0.00 d.lndustrial $871.00 / acre Y $0.00 e.Assembly Hall $387.00 / acre Y $0.00 Obata Industrial Park Credits (Based on reimbursements due from oversized storm facilities) Obata Fee Credit $1,170.00 / acre Y $0.00 COST SCHEDULE (2) Utility Underground Fee 431- 2600 -3- 680300 $0.00 100% $0.00 Front Footage $121.20 / f.f. x N 0.00 Street Tree Fee 432- 2400 -3- 625000 $0.00 100% $0.00 Front Footage a.City Planting and Replacement $2.51 / f.f. x N 0.00 = $0.00 b.lnspection and Replacement $0.35 / f.f. x Y 0.00 = $0.00 Traffic Impact Fee 433- 2600 -3- 681000 $147,539.00 100% $147,539.00 a.Residential -Low $3,011.00 / unit Y $147,539.00 b.Residential -High $2,441.00 / unit Y $0.00 c.Commercial -Low Traffic (r- 4 trips/1000 so $3,330.00 / k.s.f. Y $0.00 d.Commercial -High Traffic (> 4 trips/1000 so $6,729.00 / k.s.f. Y $0.00 e.industrial- General $1,300.00 / k.s.f. Y $0.00 f.lndustrial- Warehouse $958.00 / k.s.f. Y $0.00 POLICE FEE DEFERED TO BUILDING PERMIT Police Impact Fee 434- 1400 -3- 680000 $18,032.00 100% $18,032.00 a.Residential -Low $368.00 / unit Y $18,032.00 b.Residential -High $564.00 / unit Y $0.00 c.Commercial $544.00 / k.s.f. Y $0.00 d.lndustrial $20.00 / k.s.f. Y $0.00 COST SCHEDULE (3) Sewer Impact Fee 435- 2600 -3- 671000 $142,051.00 $142,051.00. _. a.Residential -Low $2,899.00 / unit Y $142,051.00 b.Residential -High $2,071.00 / unit Y $0.00 c. Com mercial /Industrial $998.00 / 100 gals. /day Y $0.00 Country Estates Sewer Trunk Main Y $0.00 (Not Included) _ Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531.00 / acre Y $0.00 Water Impact Fee 436- 2600 -3- 695000 $78,449.00 100% $78,449.00 a.Residential -Low $1,601.00 / unit Y $78,449.00 b.Residential -High $1,144.00 / unit Y $0.00 c.CommerciaUlndustrial $2,434.00 / 1,000 gals. /day Y $0.00 Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154.00 / acre Y $0.00 FIRE FEE DEFERED TO BUILDING PERMIT Fire Impact Fee 437- 1500 -3- 680000 $3,969.00 100% $3,969.00 a.Residential -Low $81.00 / unit Y $3,969.00 b.Residential -High $108.00 / unit Y $0.00 c.Commercial $72.00 / k.s.f. Y $0.00 d.industrial $9.00 / k.s.f. Y $0.00 Water User Fee (Construction) 720-0433 -3- 690000 Y $9,551.31 100% _ $9,551.31 $2.58 / f.f. + $168.14 / a.c. COST SCHEDULE (4) Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) Water 801- 0000 -2- 229015 Water Mains, including fire hydrants, valves and box: 100% (Developer is responsible for up to and including 12" mains) Half Pipe Front Footage 6' Main $12.50 / f.f. x N 0.00 = $0.00 8" Main $13.50 / f.f. x N 0.00 = $0.00 10" Main $15.00 / f.f. x N 0.00 = $0.00 12" Main $16.50 / f.f. x N 0.00 = $0.00 14' Main $18.50 / f.f. x N 0.00 = $0.00 16" Main $21.00 / f.f. x N 0.00 = $0.00 18" Main $24.50 / f.f. x N 0.00 = $0.00 24" Main $30.50 / f.f. x N 0.00 = $0.00 30" Main $36.00 / f.f. x N 0.00 = $0.00 36' Main $42.50 / f.f. x N 0.00 = $0.00 Country Estates Water System Y $0.00 (Not Included) _ Sewer 801- 0000 -2- 229015 Sewer Mains, including manhole: 100% (Developer is responsible for up to and including 17' mains) Half Pipe Front Footage 6' Main $12.00 / f.f. x N 0.00 = $0.00 8" Main $12.50 / f.f. x N 0.00 = $0.00 10" Main $14.00 / f.f. x N 0.00 = $0.00 17' Main $15.50 / f.f. x N 0.00 = $0.00 15" Main $19.00 / f.f. x N 0.00 = $0.00 18" Main $23.50 / f.f. x N 0.00 = $0.00 21" Main $27.50 / f.f. x N 0.00 = $0.00 24' Main $32.00 / f.f. x N 0.00 = $0.00 2T' Main $35.50 / f.f. x N 0.00 = $0.00 Northwest Quadrant Sewer Trunk Main Y $0.00 (Not Included) _ Country Estates Sewer Trunk Main Y $0.00 (Not Included) _ COST SCHEDULE (5) $0.00 $0.00 $0.00 $0.00 Street Improvements 801 - 0000 -2- 229015 100% Pavement Square Footage 3" AC on 8" AB $2.47 x 0.00 = $0.00 3" AC on 10" AB $2.77 x 0.00 = $0.00 W AC on 17' AB $3.06 x 0.00 = $0.00 W AC on 15" AB $3.51 x 0.00 = $0.00 Square Footage Sidewalk 4" on 4" $4.54 x 0.00 = $0.00 and driveway Front Footage Curb /Gutter on 6' $14.74 x 0.00 = $0.00 Storm Drain 801- 0000 -2- 229015 100% Storm Mains, including manholes and catch basins: (Developer is responsible for up to and including 24" mains) Half Pipe Front Footage 18" Main $19.50 / f.f. x N 0.00 = $0.00 21" Main $21.00 / f.f. x N 0.00 = $0.00 24' Main $22.50 / f.f. x N 0.00 = $0.00 2T' Main $24.00 / f.f. x N 0.00 = $0.00 30" Main $25.50 / f.f. x N 0.00 = $0.00 33" Main $27.00 / f.f. x N 0.00 = $0.00 35' Main $28.50 / f.f. x N 0.00 = $0.00 47' Main $32.00 / f.f. x N 0.00 = $0.00 48" Main $35.00 / f.f. x N 0.00 = $0.00 54" Main $38.00 / f.f. x N 0.00 = $0.00 60" Main $41.00 / f.f. x N 0.00 = $0.00 66" Main $44.00 / f.f. x N 0.00 = $0.00 77 Main $47.00 / f.f. x N 0.00 = $0.00 COST SCHEDULE (6) $0.00 $0.00 $0.00 $0.00 78" Main $50.00 / f.f. x 84" Main $53.00 / f.f. x W' Main $56.00 / f.f. x 96" Main $59.00 / f.f. x Southeast Quadrant Hydrology Study (Not Included) Bonds and Securities ` Not included in TOTAL DUE N N N N 0.00 = $0.00 0.00 = $0.00 0.00 = $0.00 0.00 = $0.00 Y $0.00 801 -0000 -2- 229015 ` $873,000 (Estimated) NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time Building Permits are issued. The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference. Accepted by: A4 ( � ' Michael W. McClellan, resident Date: August 27, 1996