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PIA No. 2014-05 - United Natural Foods (UNFI)s RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 22689515 Pages: 25 Fees.... 97.00 Taxes... Copies. AMT PAID 97.00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Attorney (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2014 -05 Warehouse and Distribution Facility, Located at 6350 Camino Arroyo APN: 841 -17 -111, -112 and -115 United Natural Foods West, Inc. (UNFI) -1- 4852- 8456a019v3 TMOREW04706002 RDE # 008 8/27/2014 2.45 PM' June 16, 2014 PROPERTY IMPROVEMENT AGREEMENT AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS AND CAMERON BLVD.: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER FACILITIES Property Improvement Agreement No. 2014 -05 This Property Improvement Agreement ( "Agreement ") is made and entered into as of the 161' day of June, 2014, . by and between the City of Gilroy, a municipal corporation, herein called the "City," and United Natural Foods West, Inc. (UNFI), a. California corporation, herein called the "Developer ". WHEREAS, a parcel map (Site Clearance) of subdivision application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as.. and called UNFI Project ( "Project "); APN: 841 -17 -111, -112 and -115, and a legal description of which is attached hereto and incorporated herein as Exhibit "A" (the "Property "). WHEREAS, the developer is the owner of the property and those properties owned by UNFI require certain utilities and other 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 other 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 offer to dedicate to the City without charge, free and clear of relevant encumbrances, any and all -2- 4852- 8456- 5019v3 June 16, 2014 TMORELL104706002 easements and rights of way in and to the Property necessary for the City in order that its water, electricity, and/or sewer lines in or to said Property may be extended. c. To indemnify, defend 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) ( "Claims ") 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 Property 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 Property; 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. The City's city attorneys, Berliner Cohen, shall represent the City exclusively in connection with a proceeding involving any such Claims (subject to the remaining terms of this Section 2c). If Berliner Cohen declines to represent the City, or the City elects to engage a different firm to represent the City, in connection with such proceeding, the City and UNFI shall mutually select a firm to represent the City in connection with such proceeding, and neither the City's nor UNFI's approval with regard to the firm so selected shall be unreasonably withheld, conditioned or delayed. The City shall have and retain the right to make all significant decisions concerning the manner in which such counsel's defense of the City is conducted. Notwithstanding the foregoing, UNFI's indemnification obligations under this Section 2 shall not extend to the extent any such Claims arising or resulting from the City's gross negligence or willful misconduct. d. To construct and improve those certain utilities and facilities and other improvements described in the Opinion of Probable Cost attached as Exhibit B and as further described in the related improvement plans and specifications entitled "New Distribution Facility For United Natural Foods, Inc. ", as submitted to and approved by the City of Gilroy in furtherance of this Agreement and any modifications, amendments, and extensions thereof (collectively "Improvement Plans "), that are on file with the City of Gilroy (collectively, "Work "). All construction and improvements shall be completed 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 Work 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 Work by Developer and acceptance of the Work by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the Work by Developer and acceptance of the Work 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 Work (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- 4852. 8456- 5019v3 June 16, 2014 TMORELL104706002 ' The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the total cost of the Work as set forth in the Opinion of Probable Costs (see Exhibit B). 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 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the Work 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 9100 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Prior to the City Engineer's approval and execution of the Improvement Plans, 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. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees, including the tree impact fees and storm drain fees, which are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to the City prior to the recordation of the parcel map of subdivision for the Project. Upon approval of 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 other sums payable by Developer pursuant to the attached comprehensive fee schedule f. At all times during the term of this Agreement and until the Work 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 Work 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 -4- 4852- 8456- 5019v3 June 16, 2014 TMOREW04706002 - 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 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 two (2) years from and after the date and year of this Agreement first above written. Developer shall maintain the Work 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 material hazard to life or health or damage to property. SECTION 4 That the faithful and prompt performance by the Developer of each and every obligation contained herein to be performed by Developer 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 5 That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is an instrument affecting the title or possession of the real property and runs with the land. Except as expressly provided in the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement rather than a successor), all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and assigns and all subsequent fees owners of the Property. In the event that more than one person or entity concurrently acts as the Developer at any time, the obligations of the Developer under this Agreement shall be imposed jointly and severally upon such parties. Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement, except to the extent waived by City in the sole and absolute exercise of City's discretion. SECTION 6 That the following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer: Upon request by the city, UNFI or its successors shall construct the additional improvements on APN: 841 -17 -111, -112 and -115 parcel associated with the full build -out of Cameron Boulevard to a four -lane arterial street. This construction will be required at the time UNFI constructs Phase 2 of the development; however, the city can require that the additional improvements, including but not limited to public and private landscaping, fencing, and roadway improvements, be completed by UNFI or its successors in advance of the applicant's request for construction of the additional square footage associated with the project's Phase 2. 2. All work is to be performed in compliance with the City of Gilroy Specifications Standards and -5- 4852- 8456- 5019v3 June 16, 2014 TMORELL104706002 Design Criteria, and the McCarthy Business Park Special Plan and Development Agreement and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards, and the McCarthy Business Park Special Plan and Development Agreement and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy's Public Works Director /City Engineer. 3. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to the Santa Clara Valley Water District's permit and Regional Water Quality Control Board. 4. The project shall adhere to the Mitigation Measures as stated in the UNFI Warehouse and Distribution Facility EIR, as applicable. 5. A Parcel Map with all required offers of dedications shall be filed with the Santa Clara County Recorder's Office with a copy transmitted to the City. Recordation of the Parcel Map shall include: a. The irrevocable offer of dedication of right -of -way for Cameron Boulevard to the most southerly property line; b. The irrevocable dedication of public service easements (PSEs) as shown on the June 2014 Parcel Map including, but not limited to, a 20' wide PSE along the southern property line between the easterly edge of Cameron Boulevard and the most easterly property line, a 20' wide PSE internal to Lot 3 connecting utilities along Camino Arroyo to Cameron Boulevard. C. Abandonment of the existing Camino Arroyo right -of -way south of the southerly Venture Way right -of -way line to the most southerly property line. d. The irrevocable dedication of public service easements (PSEs) as shown on the June 2014 Parcel Map to accommodate the relocation of the overhead utilities including a 40' wide Pole Line Easement along the north side of Lot 3 from the existing easement to the future Cameron Boulevard right -of -way and also from the future Cameron Boulevard right -of -way to connect with the existing Pole Line Easement at the southern property line. The abandonment of the existing 40' wide Pole Line Easement (579 -OR -309) shall be Quitclaimed by a separate instrument once the overhead lines have been undergrounded per Section 6, Item 6. 6. Upon request by the City, UNFI or its successors shall offer to dedicate to the City exclusive access to construct a public right of way over the easement that it has obtained on the Obata property (APN 841 -17 -084) in accordance with the terms and conditions set forth in that certain Easement Agreement executed by UNFI and the Grantor ( Obata), which is located immediately south of the main facility site for purposes of extending Luchessa Avenue to the east and for purposes of extending Cameron Boulevard to the south, such that the two roads intersect in accordance with approved street locations. UNFI or its tsuccessor shall not modify the easement benefiting UNFI, recorded as document number 22411142 with the Santa Clara County Recorder's Office, without first consulting and receiving written approval to do so from the City of Gilroy. 7. Construct the Cameron Boulevard bridge over the Princevalle Drain and all utilities supported by the bridge, along the extension of Cameron Boulevard and within the PSEs and as approved by and subject to any modifications approved by the City of Gilroy's Public Works Director /City Engineer. Construct the pedestrian/EVA bridge over the Princevalle Drain on the existing abutments located immediately south of the Camino Arroyo/Venture Way intersection and all -6- 4852- 8456- 5019v3 June 16, 2014 TMOREW04706002 utilities supported by the bridge and within the PSEs, subject to the approval of the City of Gilroy's Public Works Director /City Engineer. The portion of the abutments not directly supporting the bridge shall be capped and the area landscaped with Phase 1, to the satisfaction of the City of Gilroy Public Works Director /City Engineer and Planning Manager. The applicant shall evaluate the safety and aesthetics of the abutments in providing to the city a recommendation as to whether and what type of rail and or fencing may need to be installed on the unused, capped abutments. The Public Works Director and Planning Manager must approve said plan to include or not include a fence or rail on the unused abutments. The pedestrian/EVA bridge, including the abutments, will be a private facility, located on the applicant's property, and shall be maintained by the applicant, with all liability associated with such improvements also resting with the applicant. The Cameron Bridge improvements are subject to City reimbursement policies under Item 22 of the general stipulations below and the City's Code. 8. Underground all overhead utilities within and crossing the site. The overhead electrical utilities within the 40' Pole Line Easement (579 -OR -309) along the east side of the property shall be relocated to the new Cameron Boulevard right -of -way prior to Phase I building occupancy. 9. Provide new traffic striping and traffic control signage along Camino Arroyo, Venture Way and Cameron Boulevard as shown on the Architectural and Site Plans dated April 1, 2014 and as approved by the City of Gilroy's Public Works Director /City Engineer. 10. Reconstruct the intersection of Camino Arroyo and Venture Way to replace the extension of Camino Arroyo with new sidewalk and a private industrial driveway in line with the southerly curb face of Venture Way as approved by the City of Gilroy's Public Works Director /City Engineer. 11. Standard vehicle access to the site is limited to the proposed driveway on Cameron Boulevard. An EVA access shall be provided at the extension of Camino Arroyo at Venture Way via a private industrial driveway. 12. Prior to occupancy, the detention and bio- retention facilities including, but not limited to the drainage swales, channels, bio - basins, sediment basins and storm drain systems shall be designed and functioning in accordance with RWQCB and City of Gilroy Standards and with the approval of the Director of Public Works /City Engineer. The following design criteria will be followed to the satisfaction of the Public Works Director: a. The capacity of the system shall be designed to provide for the future expansion of facilities as outlined and /or indicated on the Architectural and Site Plans dated April 1, 2014. b. The detention and bio- retention facilities are to be designed and constructed to be natural in appearance. Trees and shrubs planted along the new Cameron Boulevard shall be incorporated into the proposed detention and bio - retention facilities without detracting from the effectiveness of the facilities as determined by the Director of Public Works /City Engineer. d. The applicant shall provide verification that the proposed bioretention facilities in the two interceptor ditches on the west side of the site do not reduce the hydraulic function of the ditches. See condition #26 of the Conditions of Approval for more information related to this condition. e. The design requires the review and approval of the City of Gilroy's Public Works Department. 13. All storm drain run -off must be pre - treated prior to entering into public storm drain system. Pre- -7- 4852. 8456- 5019v3 June 16, 2014 TMOREW04706002 treatment measures shall be reviewed and approved by the Engineering Division prior to start of construction. Storm drain treatment shall be in conformance with Section 27D of the Municipal Code. 14. Prior to start of construction, a SWPPP and an Erosion Control Plan is required for all development over 1 acre. The WDID# from the Regional Water Quality Control Board (RWQCB) shall be provided to the City. This project requires construction and post - construction water quality requirements per RWQCB. 15. Any work in the public right -of -way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. The Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. Such plan shall be submitted at least ten working days prior to beginning any such work, and shall not initiate without approval of the City Traffic Engineer. 16. Upon request by the Public Works Director, the applicant shall submit vector based electronic files for the Parcel Map and Improvement Plans that are readable by AutoCAD and in PDF format. 17. Attached to this Agreement is an opinion of the probable cost of the Work (see Exhibit B). The Developer shall pay all applicable plan check and inspection fees for the Work, enter into this Agreement, and provide the required Payment and Faithful Performance Bonds. 18. Improvement plans are required for all on -site and off -site improvements. Prior to approval of the Improvement Plans, the following items will shall be completed: a. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground.) b. The developer shall negotiate right -of -way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. C. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. d. The City will collect the plan check and inspection fee for the utility underground work. 19. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: a. A professional engineer - signed and PG &E- approved original electric plan. b. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 20. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required in accordance with the timing requirements set forth in the City's Code. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due at time of building permit. 21. Applicant or successors shall maintain open space, landscaping, storm water quality treatment basins, private streets and private utilities to the satisfaction of the Public Works Director and -8- 4852- 8456- 5019v3 June 16, 2014 TMORELL104706002 Planning Manager. 22. If there are any reimbursements payable to the Developer, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Developer named in this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City's reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. Copies of such reimbursement policies and ordinances in effect as of the date hereof have been provided to UNFI. The parties hereto agree and acknowledge that the reimbursements payable to Developer shall remain an obligation of the City until such reimbursements are paid in full. The parties further agree and acknowledge that such reimbursement payments shall be subject to the terms and conditions of this Agreement and the City's reimbursement policies and ordinances in effect from time to time. 23. The lowest floor shall be at least 1 foot higher than the base flood elevation, or 1 foot above the nearest high point in the drainage release path, or 2 feet higher than lowest top of curb, whichever is highest. See the related mitigation measure in the Final Environmental Impact Report for more information. 24. The Developer shall offer to dedicate a flood control easement over those areas identified as FCE (R3) on the Parcel Map to Santa Clara Valley Water District ( SCVWD). Said easement dedication shall be completed through separate instrument and shall be executed prior to occupancy of the Project. Until said easement dedication between the Developer and SCVWD is executed, the Developer will allow the SCVWD to use, inclusive of repair, maintenance, and construction, the areas identified as flood control easements on the map for purposes of water supply, flood protection, and stream stewardship. SECTION 7 That the Development Cost Fee Schedule attached hereto as Exhibit C enumerates all fees relating to the Work. TOTAL AMOUNT DUE CITY $2,418,829.42 (Minimum, actual amount to be determined) [Signatures Appear on the Next Page] -9- 4852 -8456- 5019v3 June 16, 2014 TMORELL104706002 IN WITNESS WHEREOF, the City and UNFI have executed and delivered this Agreement as of the day and date first set forth above. CITY OF GILROY By: Thomas J. Haglund City A dministrator Date: Za ATTEST: Shawna Freels, City APPROVED AS TO FORM: ttorne A �V-0 wv UNFI: By: Nam Title Date August 8, 2014 EXHIBITS EXHIBIT A — LEGAL DESCRIPTION EXHIBIT B - OPINION OF PROBABL COST EXHIBIT C — DEVELOPMENT COST FEE SCHEDULE -10- 4852- 8456 -50190 June 16, 2014 TMOREW04706002 ACKNOWLEDGEMENT STATE /COMMONWEALTH OF COUNTY OF On this $tt" day of pvc��s� 201 Y , before me, the undersigned notary public, personally appeared - -t- �, , - A _ D-r-%k i , proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, a personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it voluntarily for its stated purpose in his /her capacity as the `�t� �, Proz�0,-rt. of UNFI. (6 ficial seal) Notary P4blic Type or . nt ame: My commission expires- ACKNOWLEDGEMENT STATE/COMMONWEALTH COUNTY OF E6l -'116 —5 ee a{ Ct Cfle—j aLLNoO let rne'a " P On this day of , 20 , be, ,'ore me, the undersigned notary public, personally appeared , prov to me through satisfactory evidence of identification, which was ❑ photographic identification with " atur issued by a federal or state governmental agency, ❑ personal knowledge of the undersigne , t be the person whose name is signed on the preceding or attached document, and acknowledged t that he /she signed it voluntarily for its stated purpose in his/her capacity (official seal) Notary Public Type or Print Name: _ My commission expires: -11- 4852- 8456- 5019u3 June 16, 2014 TMORELL104706002 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 County of fan -i-at C(a ra f On + 20,2019 before me, n A a yCt , Date I Here Insert Name and Title of the Officer personally appeared SANDRA E. NAVA Commission i 1908181 Notary Public - California Santa Clara County MY Comm. Expires Nov 11, 2014 Place Notary Seal Above homc(s S. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,91 whose name) is /art subscribed to the within instrument and acknowledged to me that he /,5h6/tWy executed the same in his /b6r /thdi'r authorized capacityKs), and that by his /h0r /ter signature(21 on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing C 2010 National Notary Association • NationalNotary.org • 1.800 -US NOTARY (1- 800 - 876 -6827) Item #5907 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCEL ONE: PARCEL A, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT 9570 MCCARTHY BUSINESS PARK ", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON AUGUST 30, 2006, IN BOOK 805 OF MAPS PAGE(S) 29 THROUGH 35. EXCEPTING THEREFROM THAT PORTION DEEDED TO THE CITY OF GILROY, A MUNICIPAL CORPORATION, ON NOVEMBER 3, 2011 AS INSTRUMENT NO. 21401868, OFFICIAL RECORDS. I' A 8411 0963 LOTS 12 AND 13, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT 9570 MCCARTHY BUSINESS PARK ", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON AUGUST 30, 2006, IN BOOK 805 OF MAPS PAGE(S) 29 -35. APN: 841 -17 -115 (Parcel One); 841 -17 -111 (Lot 12 of Parcel Two) & 841 -17 -112 (Lot 13 of Parcel Two) -12- 4852- 8456 -50194 June 16, 2014 TMOREW04706002 Opinion of Probable Cost United Natural Foods Inc. Gilroy, CA 06/10120141 Public Improvements -1st Submittal Represen Job Number. 132005 Date of Preparation: June 10, 2014 Cost Study In providing this Opinion of Probable.Cost, the Client understands that the Design. Professional has no control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing,'and that thwDesign Professional Is not a Professional Cost Estimator. The Design Professional makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. It Is the Client's responsibility to review alt unit prices and make changes as the Client sees tit to reflect the actual market prices the Client is experiencing and to reflect the Client's method of operation. be SUMMARY- UNITED NATURAL. FOODS INC. A. PUBLIC IMPROVEMENTS SUBTOTAL PUBLiC.IMPROVEMENTS: $792.969 CONTINGENCY 10% $79,287 TOTAL. IMPROVEMENTS OFFSITE: $87ZU6 NOTES: 1. Cost figures only includes phase 1 improvements 2. Cameron Boulevard -offsite estimate boundary is within the 16' PSE 3, Cost figures do not include Je1ntTrench & Landscape, Improvements 4, Cost includes 16" publicwaterthat runs along the north side to the building through the EVA and connects to ex water fine on Camino Arroyo 1N:Uobs 13kt32C0SlCacumgnt5lFinall5tudi =_sand Calculadons '.COSTSTUDIES',RCS -UMFl 2714.06.10_Public Impriemencs.xlsx Page I of 3 Job Number: 132005 Date of Preparation: June 10, 2014 Opinion of Probable Cost United Natural Foods inc. Gilroy, CA 06/10/20141 Public Improvements -1.st Submittal Representative Cost Study In providing this Opinion of Probable Cast, the Client understands that the Design Professional has no control over costs or the price of labor, equipment or materials; or over the Contractor's method of pricing, and that the Design Professional' Is not a Professional Cost Estimator. The Design Professional makes no warranty, expressed or Implied; as to the accuracy of such opinions as compared to bld or actual costs. It Is the Client's responsibility to review all unit prices and make changes as the Client sees fit to reflect the actual market prices the Clientis experiencing and to reflect the CDent's method of operation. 1. Street Fine Grading 3. AC Pavement Streets 4. Vertical Curb 5. Curb, and gutter & Sidewalk (Inc Dwy pan) 6. Bi.o Swale / SD Treatment 7. Temporay Swale 8. ADA Ramps 9. 15" Storm Drain, HDPE 10. 15" Storm Drain, RCP 10. 18" Storm Drain, RCP 11. 30" Storm Drain, RCP 12. 36" Storm Drain, RCP 13. SD Inlet 14. SDM'H 15. Area Drain 17. 12" Water Dom. (Inc. thrust blocks, Valves, etc). 18. 16 "Water Dom; (inc. thrust.blocks,.Vatves, etc). 19. Blowoff 20. Fire Hydrants 21. Electrolier 22. Signing and Striping 23. Street Mounement 24. Electrolier (Relocate) 53,940 SF $0.60 $32.,364 53,060 SF $5.00 $265,300 420 LF $20.00 $.8,400 1,100 LF $23.00 $25,30.0 7,490 SF $5.00 $37,450 4,710 SF $8.00 $37,680 530 LF $2.50 $1,325 2 EA $1,500.00 $3,000 482 LF $40:00 $19,280 178 LF $50.00 $8,900' 460 LF $60.00 .$27,600 118 LF $80.00 $9,440 112 LF $90.00. $10,080 4 EA $3,000.00 $12,000 3 EA $3,500.00 $10,500 10 EA $300.00 $3,000 235 LF $80:00 $18,800 2,305 LF $90.00 $207,450 1 EA $1,000.00 $1,000 4 EA $5,504.00 $22,000 3 EA $5,000.00 $15;000 1 LS $10,000.00 $10,000 4 EA $500.00 $2,000 1 EA $5,000.00 $5,000 Sub -Total Mite Cameron Boulevard: $792,869 I. THiS IS A REPRESENTATIVE COST STUDY BY THE CIVIL ENGINEER. THE CIVIL ENGINEER MAKES NO REPRESENTATION CONCERNINGTHE ABOVE ITEMS SHOWN IN CONNECTION WITH THE 'PLANS AND ,SPECIFICAnoNS'BEING PREPARED. 2. QUANTITIES SHOWN HEREIN ARE CALCULATED FROM THE UNITED FOODS INC. DISTRIBUTION CENTER IMPROVEMENT PLANS DATED Arpnl 23, 2014 WHICH ARE SUBJECT TO REVISION. 3. COST FIGURES SHOWN HEREIN ARE CONCEPTUAL ONLY. ACTUAL COSTS ARE DEPENDENT ON THE ITEMS SHOWN ON THE PLANS AT BiDDING TIME, THE GENERAL MARKET SITUATION, THE CONTRACTOR'S.WORKLOAD, SEASONAL FACTORS, LABOR AND MATERIAL COST, ETC. 4. ITEMS SHOWN ABOVE AND. THEIR ASSOCIATED COSTS ARE SUBJECT TO REVISION DUE TO CHANGES, ADDITIONS, AND DELETIONS RESULTING FROM ON -GOING AGENCY REVIEW. W:Uebs 1311" 32005 '.ii)ocumontslFlnaftSR:Ciesand Csialations=ST STUDIEStRCS -UNFI 2014.06•H1_Publicimprvemenmxlsx Page 2 of 3 Job Number. 132005 Date of Preparation: June 10, 2014 Opinion of Probable Cost United Natural Paods Inc. Gilroy, CA 06110/20141 Public Improvements -1st Submittal Representative Cost Study In providing this Opinion of Probable Cost, the Client understands that the Design Professional has 66 control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and.that ft Design Professional is not a Professional Cost Estimator. The Design Professional makes no warranty, expressed orImplied, as to the accuracy of such opinions as compared to bid or actual costs. It is the CllenYs responsibility to review all unit prices and make changes as the Client sees fit to reflect the actual market prices the Client Is experiencing and to reflect the Clleht's method of' opera lion. unless 5. CAMERON BOULEVARD IMPROVEMENTS ASSUMED TO BE FOR 12 STREET ONLY AS SHOWN ON PLANS 6. GEOTECHNICAL MITIGATION INCLUDING SLIDE REPAIR, SUBDRAINS, KEYWAYS, AND OVEREXCAVATIQN IS NOT INCLUDED IN THIS REPRESENTATIVE COST STUDY, 7. EARTHWORK QUANTITIES SHOWN ON THIS REPRESENTATIVE COST STUDY ARE APPROXIMATE QUANTITIES AND ARE FURNISHED FOR INFORMATION ONLY, THE ACTUAL AMOUNT OF EARTH MOVED WILL VARY DEPENDING ON THE PROPERTIES OF THE SOILS ENCOUNTERED, THE CONTRACTOR'S METHOD OF OPERATION, ETC. 8. THIS COST ANALYSIS EXCLUDES THE FOLLOWING: a. GEOTECHNICAL ENGINEERING OR TESTING b. CAMERON BOULEVARD A ND PEDESTRIAN BRIDGE c. BUILDING RELATED COSTS OR FEES d. FINANCING CHARGES e. REIMBURSABLE AGREEMENTS OR REFUNDABLE DEPOSITS L PLANNING AND OTHER CONSULTANT FEES g.:CITY AND OTHER AGENCY FEES, INCLUDING MAP AND IMPROVEMENT PLAN FEES OR IMPACT h. FEES (EXCEPT AS PROVIDED HEREIN) I. ENVIRONMENTAL MITIGATION I . BONDS.AND BONDING FEES, COST OF FINANCING K. IMPROVEMENTS NOT SHOWN ON THE PLANS 1. OFFSITE .IMPROVEMENTS (EXCEPT AS PROVIDED HEREIN) m. SCHOOL DISTRICT FEES n. ASSESSMENT DISTRICT FEES a. PROFESSIONAL DESIGN FEES (CIVIL, STRUCTURAL, ARCHITECTURAL, ETC.) p. MITIGATION AND MONITORING PLANS q. ENVIRONMENTAL AGENCY FEES OR COORDINATION r. MONITORING DURING CONSTRUCTION s. GEOTECHNICAL MITIGATION t. COMMON OPEN SPACE IMPROVEMENTS u ENVIRONMENTAL STUDIES OR REPORTS OF ANY KIND v IMPACT FEES (EXCEPT AS PROVIDED HEREIN)' WAUobs 13 t132tCaDocuments'Final'Studies and Calcula@ons4COST STUDIE SI' CS- UNFI_ 2011.66.17_PublicHp"rnents.xlsx Page 3 of 3 EXHIBIT C DEVELOPMENT COST FEE SCHEDULE [See Attached Schedule] -14- 4852. 8456 -50190 June 16, 2014 TMOREW04706002 ENCOMPASS NO:. DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: El Account No. Key Code 100-2601-0000-3625 4904 100-2601-0000-3605 4702 4202600-0000-3660 4501 432-2600-0000-3660 3301 433-2600-0000-3660 4905 435-2600-0000-3660 4509 436-2600-0000-3660 4510 4402600-0000-3660 4515 720-0433-0000-3620 2202 801-2601-PWDO-3899 4703 801-2601-PWOO-3899 4703 Payment Bond Amount for all improvements Performance Bond Amount for all improvements 8/5/2014 9:17 AM CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVIISION COST ESTIMATE EFFECTIVE 7M/2013 Revised: Revision Number. Revision By., WWNWAWQIJ70� �lnc MI-0 MIZO. MAM. -9 M—A'.1- 07 Fee: Credits: Amount Due-. Account Description Paid on Invoice $2,055.00 $2,055,00 Special Public Works Sekj-jl :� $75,772.48 1 $75,772;48 En g Plan Check & Insp $60,373.94 Ell" -00-1-2-IME $60,373.94 Storm Development Fea ��.��`���;� $623.20�y 4 $623.20 Str Tree Development F4 $1,464,305.66 $1,464,305.66 Traffic Impact Fee $190,237,50 $190,237.50 Sewer Development Fee M.,� $92,214.70 $02,214.70 Water Development Fee $518,906.68 $5118.906.68 Public Facility Fee $14,340.26 $14,340.26 Const Water Use Fee $0.00 r S s r. $0.00 Reimbursements 3-M., $0.00 Other Reimbursements Total $2j418,629.42 $872,156 $872,156 G.\COMDEV\ENGINEERINGIDEVF=LOPMENT PROJECTSTEES\Prqect Cost Schedules\UNR 6-12-14 Page 1 ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNEWDEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: E1 CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE 12,Jun -2014 Received 06110114 6350 Camlho Arroyo 841 -17 -111,- 112, -115 (720) 354 77077 Claudia Moran - Garcia $/5/2014 8:17 AM Common Area? Conimercialttnd ustrlal Allocations: Reimbursements and credits: Front Footage/Square Footage Charges and Constn _Street Tree FF: Pavement SF: ; E SPECIAL PUBLIC WORKS SERVICES Maps: UN SMA-0-8i ction Water. Water FF- Median SF: 5101219 Sewer.GPD: Water GPD: 0-57 �s1t'.Sis� UIr f7DD Sewer FF. Storm FR OEM Sldewalk.SF. Curb /Gutter FF: 100 - 2601 -0000 -0625 Final Map $3210.00 + $60..00 / lot Parcel Map $1,875.00 + $60.00 t lot Re- assessment Map (Assessment District Parcels) $1,270.00 + $25.00 / lot. Administration Fees: Scanning Fee (Fordmprovement Plans, multiply # of she k dj# of Sheets ibrMap and $9.00 Improvement Plans (Cost Schedules, Agreements, FJW Reviews and Other Misc. Services) t2 hr Misc Services $180.00 Special Staff Analysis jM hr Special Analysis $470.00 Const Water Acres to be Developed: Construction Water FF: $2,055.00 Fee ID NO- FINALM Fee.ID NO- PARCELM t $D.DO Fee ID N- ASSESM ets by - scanning to be done at the beginning and end of the project) i sheet $0.00 Fee ID NO -SCAN / hr. ° `lit $0.00 Fee; ID. N -Ml'SC t hr. ILKI $0.00 G: ICOMDEVIENGINEERINGIDEVELOPMENT PROJECTSIFEES.Prciject Cost SchedulesNUNFI 6 -12 -14 Page 2 8!512014 9117 AM ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 -0000.'3605 COST ESTIMATE $75:772.48 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0.00 Al time of Improvement Plan/Final Map submittal 40% of fee is due for Plan Check. Remainder 60% due prior to submittal of Final Map for Council approval Additional Plan Review After. First Three Submittals. or Review of Changes, Additions or Revisions to Approved Plans ='b hrAdditfonal Plan Review $470.00 / hr. Fee ID NO GRADINS Re4nspection Fee hr Re- Inspection $120.00 / hr. 11'?,i $0.00 Fee ID NO+GRADINS inspections outside of normal business hours hr Inspection $430.00 + (Based on total cast of improvements:) Estimated Cost of Improvements 12% $0 10.% $100,000 8% over Payment Bond Amount for all improvements Performance Bond Amount for all improvements IMPACT FEES Stone Drain Impact Fee a.Residential -Low b.Residential -High c.Commerclal MIndusMal e.Assembly Hail Street Tree Fee a. City Planting and Replacement $3.06 / ff. x b.lnspedtion and Replacement $0.41 / ff. x Traffic Impact Fee a.Residential -Low b.Residential -High c.Commercial -Low Traffic (� 10.75 trips /1000 sf) d.Commercial -High Traffic ( >= 10.75 trips/1000 sf) e.industrial- General (.Industrial - Warehouse $145.00 / hr. after 3hrs N"j $0.00 Fee ID NO- GRADWS COST ACTUAL ESTIMATE COST DIFFERENCE ($75,772.48) Fee ID NO- PCKINSP $100,000' .Y,'_ $12,000.00 t Y., SO.00 $200,000:•x:' $10,000.00 ; - j $0.00 $200,000; °Y >,, $53,772.48 _Y: $0:00 $872,156 $8.72,156 420 - 2600-0000 -3660 560.373:94 $564.00, ! acre Y $0 -00 Fee ID NOSD LD $886,00 / acre „Yt 50.00 Fee ID NO-SD-HD $1,528.00 / acre wY= $0.00 Pea ID NOSD C $1,128.00 ! acre $60,373.94 Fee ID NOSD -I $564.00 / acre lw_ Y_. $0,00 Fee ID NOSD-AH 432- 2600 - 0000 -3660 $62320 N,,,J 0.0 = $0.00 Fee ID NO- TREEPLT $623.20 Fee ID'NO- TREEINS 433 - 2600 -0000 -3660 $1,464,306.66 $9,973.00 1 unit CYa; $0.00 Fee ID N1 TRAP -LD $8,084.00 J unit $0.00 Fee 1DN2- TRAP -HD $11,034:00 ! ks.f. : -'`Y• ; $0.00. Fee ID N3 -TRAP CL $22,269:00 ! ks.f. Fee ID N3- TRAF -CH $4,373.00 / k.s.f. :V.`'.'. $0.00 Fee ID N4- TRAF -IG $3,169.00 / k.s.f. Y'a $1,464;305.66 Fee ID N4 TRAP IW G: \COMDEV\ENGINEERING\E)EVELOPMENT PROJECTS\FEES1Project Cost SchedulesWNIFI 6 -12 -14 Page 3 8/5/2014 9M7AM Sewer Impact Fee 435 -2600- 0000 -3660 $190,237.50 a.ResidenGal Low $10,686.00 / unit 25 $0:00 Fee ID N1 -SS -LD b.Residentlal -High $5,782.00 1 unit ?±'2Y47 $OAO Fee ID N2 -SS -HD aCOmmerclal/Industrlal $3,382.00 / cgpdT'! $190,237.50 Fee ID NSSS -C /1 Water impact Fee 436 - 2600 -0000 -3660 $92;214.70 a Resldenfiai Low $4,294.00 / unitYra Fee ID, N1- WATR -LD b.Residentiat -H h fg $1,737.00 / unit EY;,1 $0.00 Fee ID N2- VVATR -HD c.CommerclaVlndustrial $6,731.00 1 kgpd iii $92,214.70 Fee ID N5- WTR -C/I Public Facilities Impact Fee 440- 2800A000 -3660 $518,906.88 a.Reaidendel -Low $16,848.00 / unit $0.0p Fee ID N1 -PF-1-13 b:Resklential -High rs_,_,, $14,175.00 / uniti'Y' ^? $0.40 Fee ID N2 -PF -HD cZommercial $2,538.00 / k s.f. f_'hj $0.00 Fee. ID N3 -PF-0 d.Ihdustrial $1,123.00 1 k.s.f. ti'/ $518;906.68 Fee ID N4-PF4 Water User Fee (Construction) 720.0433 -0000 -3620 Cl Y7C $14,340.26 $3.00 / ff. $4,560.00 Fee ID NO- CONWTFF plus $182.73 1 a.c. $9,780.26 Fee 10 NO- CONWTAC FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure) The Half Pipe schedule Is used to determine the front footage reimbursement to former developers for infrastructure previously installed along the front footage ofthe development. The Full, Pipe schedule Is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main extensions to sizes *ulred by each master plan that are greater than the siies required bythe.deveiopment. The oversiied poition Is the difference between the master planned size for the main and the greaterof the main size required by the development or the developers minimum responsibility for each main. Water. 801- 2601 -PWDO -3899 $0.00 Water Mains - including fire hydrants, valves, valve boxes and other pertinenoes. Developer responsibilityis up to and Including 12' mains Half Pipe Lineal Footage 6 inch Main $39.00 / LFx $0.00 Fee ID N- WR06 -1/2 8 Inch Main $41.00 / LFx NfF p pr = $0.00 Fee ID N -WR08 -112 10 inch Main - -.: .JC : 'r y $47.00 / LFx � "wN,i;, :��.��s�i�D,4� _ $0.00 Fee IQ N- WR10 -112 12 inch Man $52.00 / LFx $0 -00 Fee ID N- WR12 -1/2 14 inch Main $57.00 / LFx $0.00 Fee iDN- WR14.1/2 16 inch Main $62.00 / LF x. " -" 'Sip 0.i = $0.00 Fee iD N-WR16 -112 18 inch Main $68.00 / LFx 3i1t`;b)D„ _ $O.DO Fee ID N- WR18 -1/2 20 Inch Main $76.00 / LFxN r? >_- �m0l0i _ $0.00 Fee ID N- WR18 -1/2 24 inch Main $82.00 1 LFx $0.00 Fee ID N- WR24 -1/2 30 Inch Main $91.00 / LFx ;!N. $0.00 Fee ID N- WR30 -1/2 36 Inch Main $106.00 / LFx 'TM A „,� „' , ,,�:,D.p9 = $0.00 Fee ID N- Wft36 -1Y1 G: NCOMDEViENGiNEERINGIDEVELOPMENT PROJECTSIFEESTmJect Cost Schedules\UNFI 6 -12 -14 Page 4 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTSWEES\Pro}ect Cost Schedules \UNFI 6-12-14 Page 5 815!2014 9:17 AM Front Foot Charges Continued (Used to charge and reimburse 'fees for eAsting Infrastructure) Sewer 801 - 2601- PWD03899 $0.00 Sewer Mains - Including manhole and other pertinences. Developer responsibility is up to and including 12' mains. Half Pipe Lineal Footage fi inch Main $73.00 / LFx _ O Nt *' ' 7 ,O.Y: "01 _ Y _. $0:00 Fee ID NSS06 -1 /2 8 Inch Main $75.00 / LFx i:i a•�- •�• ^:- f+IS'w�` , 8 = $0.00 Fee ID N- SS08 -1/2 10 inch Main $81,00 / LFx y ?. K,112=22 0;'0� _ $0.00 Fee ID. NSS10 -112 12 Inch Main $83.00 / LFx AI+ Oi 49A = $0.00 Fee ID N- SS12 -1/2 15' Inch Main $87.00 / LFx �' >A"s rte, ' ^0.� = $0.00 Fee ID NSS15 -112 18 inch Main $93.00 / LFx 4Nf r - +''' t:0 a = $0.00 Fee 10 NSS18 -1/2 21 inch Main $102.00 / LFx ,� Nni� 1.0 0 ! = $0.00 Fee ID NSS21 -112 24 inch Main $106.00 / LFx D = $0.00 Fee ID NSS24 -1/2 27 inch Main $122.00 1 LFx c.:.�;tiWaf *a p = $0.00 Fee ID NSS27 -1/2 30 Inch Main $144.00 / LFx << "N! R' =; a Dt = $0.00 Fee ID NSS30 112 33 inch Main $158:00 / LFx $0.00 Fee ID NSS33 -1/2 36 inch Main $178.00 / LFx r.N._'::ti D tD = $0.00 Fee ID NSS36 -1/2 39 inch Main $21200 / LFx 50.00 Fee ID N- SS39 -1/2 42 inch Mein $265.00 / LF x fi tV rat +' r ) ti; x:1;0:0 = $0,00 Fee ID NSS42 -1/2 ,.� Street improvements 801- 2601 -FWDO- 3899 $0.00 pavement. Sidewalks & Medians Souare Footage ACANke path: base $2,55 ./ SF X ye ti A to ; . r O;Og = $0.00 Fee ID NSTR -ACB AGBike path: pvmt $2.50 / SF x ¢NL3LOtO _ $0.00 Fee ID NSTR -ACP Sidewalk: new $9:78 /. SF x ,phi_ .;��',;,_;�,,:,,s:0.p = $0:00 Fee ID NST R -S1W Sidewalk: replace $13.25 / SF x am5rs sr .0, = $0.00 Fee ID NSTRS/WR Resurfacing $2.55 ! SF x ,IJi _ ' :QOM $0.00 Fee ID NSTR RESU Landscaped Median $20.35 / SF x L N'" S s ' T °O D = $0.00 Fee ID N- STR-LANM Hardscaped Median $11.63 / SF x T ;x`;0;0' _ $0:00 Fee.ID N -STR BARD Trsffi ionals (eouioment onivl % of Lumo Sum TraffiCS1gnal -3 leg $130,200.00 / LS x �1." %�n'IDP�ni $0.00 Fee ID N- STR -TS3L Traffic Signal -4 leg $158,500.00 / LS x ! ^_$0.60 Fee ID NSTR TS4L Curb and Gutter Lineal Footage Curb /Gutter. new $25.85 / LFx Ni w 001 = $0.00 Fee ID NSTR -C/G Curb/Gutter. replace $33.40 / LFx k �1 ' <i:" 'U)>7 _ $0.00 Fee:ID.NSTR -CtGR Curb Rams P $1.057.63 I LFx 5 �• - ^' w�' ;J 0 � 1W�y,: �;,1�� p ; _ $0.00 Fee ID NSTR -CR G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTSWEES\Pro}ect Cost Schedules \UNFI 6-12-14 Page 5 • T ma A. Pziki, 'ce President Date: A u s t Front Foot Charges Continued (Used to charge and reimburse fees for exlsbng Infrastructure) Storm Drain 801- 2601 -PWDO -3899 Stone Mains - Including manholes, catch basins and other pertinences. Developer responsibility is up to and including 24" mains. Half Pipe Lineal Footage 18 inch Main $63.00 / LFx N D D; _ $0.00 Fee ID N -SD18 -112 21 Inch Main $69.00 / LFx N $0.00 Fee ID NSD21 -1/2 24 Inch Main $70.00 / LFx N 0.0 = $000 Fee ID N- SD24 -1/2 27 Inch Main $82.00 / LFx N 0.0 = $0.00 Fee ID N- SD27 -1/2 30 Inch Main $89.00 / LF x N 0.0. = $0.00 Fee ID N- SD30 -1/2 33 inch Main $91.00 / LFx N -0.D' = $0.00 Fee ID NSD33 -1/2 36 inch Main $95.00 / LFx 'N OA = $0.00 Fee ID N SD36 -1/2 42 Inch Main $99.00 / LFx N OA, = $0.00 Fee ID NSD42 -1/2 48 inch Main $117.00 / LFx N 0.0 = $0.00 Fee ID N- SD48 -1/2 54 Inch Main $137.00 / LF x N 0.0 = $0.00 Fee ID NS054 -112 60 inch Main $158.00 / LFx N 0.0, = $0.00 Fee ID NSO60 -1/2 66 inch Main $179.00 / LF x N 0.0 = $0.00 Fee ID N- SD66 -1/2 72 inch Main $200.00 / LF x N 0.0 = $0.00 Fee ID NSD72 -1/2 78 inch Main $216.00 / LF x N 0.0 = $0.00 Fee ID NSD78 -1/2 84 inch Main $231.00 / LFx N 0 .0 , = $0.00 Fee ID NSO84 -1/2 90 inch Main $246.00 / LFx N 0.0 = $0.00 Fee ID N- SD90 -1/2 96 inch Main $261.00 / LF x N 6.0 = $0.00 Fee ID NSD96 -1/2 NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time fees are paid. 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. Additional plan review required by changes, additions or revisions to approved lans, reinspections and inspections outside of normal business hours will be billed as shown in the City of Gilroy's current c prehensive fee sched e t urly rates in effect at the time of inspection. UNITED TUBA 0 WEST, INC. Accep d by: Print Name: T ma A. Pziki, 'ce President Date: A u s t 8, 14 -- V 87512014 9:17 AM $0.00 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS\FEES\Project Cost Schedules \UNFI 6 -12 -14 Page 6 .81612014 9:17 AM OVERS123NG SCHEDULE (Used to reimburse oversized Infrastructure) Total .Oversized Water, Sewer and Storm Drain Main Reimbursement $0.00 Total Oversized Water Main Reimbursement (Developer Is responsible for up to and including 12" mains) $0.00 Oversized Minimum 12" main Oversized Full Pipe $11bot Full Plod $ /foot Oversized Footage Reimbursement 14 Inch Main $114:00 $104.00 x 'FfsOln _ $0.00 16 inch Main $124.00 $104.00 x ;= .,'i= O'iDp. _ $0.00 N• 18 Inch Main $.135.00 $104.00 x 20 inch Main $151,00 - $104.00 z`: r i;(.y010; _ $0.00 ; N 24 24 inch Main $164.00 $104.00 x ?. " i v0.'0; _ $0.00 30 inch Main $182.00 $104,00 x ` Jc7 0:0: 36 inch Main $211.00 $104:00 x iO)0! _ $0.00' aN Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains) $0.00 Oversized Minimum 12" main Oversized Full Pipe $/foot Full Pipe$ /foot Oversized Footage Reimbursement 15 inch Main $174.00 - $166.0 x ;: `- ails° < ".`!D't0; _ 18 inch Main $186.00 $166.00 x $0:00 : Nr 21 inch Main $204.00 - $166.00 x r0'0 i _ $0.00 �M 24 inch Main $211.00 $'166.00 x .,' DtO _ $0.00 27 inch Main $244.60 $166.00 x $0.00. 30 inch Main $287.00 $166.00 x 33 inch Main $315.00 $166.00 x -` _ yc;f !,? E ..it0:`0: $0.00 !Nr 36 inch Main $356.00 $166.00 x ;'_ _'. =t)Ae = $0,00 21'k 39 inch Main $423.00 $466.00 x r rrt: '0:r) _ $0.00 'i!N 42 Inch Main $529.00 - $166.00 x $0.00 Total Oversized Storm Drain Main Reimbmnt (Developer is responsible for up to and including 247 mains) $0.00 Oversized Minimum 24" main Oversized Full Pipe $ /foot Full Pipe Wool: Oversized Footage Reimbursement 27 inch Main $164.00 - $140.00 x $0.00 N 30 inch Main $177.00 - $140,00 x x.`_'; v0l]I = $0:00 33 inch Main $182.00 - $140,00 x ,;�:,',TM � 00� = $0.00 ,N 36 inch Main $188.00 $140.00 c T'`,'r " " -' x ... as �;i��;:0�0: $0.00 42 inch Main $197,00 $140.00 x ; , ;y�,.'_i ol0' = $0.00 48 Inch Main $23100 - $140.00 x ;r. 'F� {_s0!D'•' _ $O.OD 54 Inch Main $273.00 - $140.00 x ,'::may s:•'0A; = $0.00 + %:N 60 inch Main $315.00 $140.00 x - _` O = $0.00 :Ne G: ICOMDEVIENGINEERINGIDEVELOPMENT PROJECTSIFEES1P.rojeet Cost SchedulesWNFI 6 -12 -14 Page 7 815@014 9:17AM Oversizing Schedule Continued (Uised to reimburse oversized infrastructure) Oversized Storm Drain Main ReImbmnt Continued Oversized Minimum 24" main Oversized Full Pipe $/fbot Full Pipe $/foot Oversized Footage Reimbursement 66 inch Main $357,00 $140.00 X $0;00 72 Inch Main $369.00 $140.00 x so--00 78 inch Main $431.00 $140.00 x 2 6 :Ul (,W, 84 Inch Main $461.00 - $140.0D x Af y & $0.00 90 inch Main $492.00 - $140.00 x "T" M 96 Inch Main $522.00 - $140.00 X j ji - $0.00 G:kCOMDEV\ENGINEERINGiDEVELOPMENT PROJECTSTEMProject Cost Schedules\UNFI 6-12-14 Page 8 Client#: 64497 UNINA ACORDr., CERTIFICATE OF LIABILITY INSURANCE 07127/ 016 1 7/27/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER People's United Ins. Agency CT One Financial Plan 755 Main Street Hartford, CT 06103 TA NAME: Karen Dislpio a�" ; , 860 524-7660 uC, Nei: 844 648 -7609 ADDRESS: karen.disipio @peoples.com INSURERS) AFFORDING COVERAGE NAICS INSURER A: Liberty Mutual Fire Insurance C 23035 INSURED United Natural Foods, Inc. 313 Iron Horse Way INSURER a: Nat'l Union Fire Ins. Cc of Pit 19455 INSURER C: Indemnity Insurance Co. of N.A. 43575 ACE American Insurance Company INSURER D: Pa Y 22667 Providence, RI 02908 INSURER E PERSONAL B ADV INJURY INSURER F: GEN'L AGGREGATE LIMIT APPLIES PER POLICY 1 PRO. LOC JECT OTHER: GENERAL AGGREGATE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TypE OF INSURANCE AODL [NOR SUB WVO POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDM' LIMITS A X COMMERCULL GENERAL LIABILITY CLAIMS -MADE a OCCUR TB2611253299016 7131/2016 07/3112017 EACH OCCURRENCE $1000000 PREMISES EaExcurtence $1000000 N ED EXP (Any ono person) $1 O OOO PERSONAL B ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY 1 PRO. LOC JECT OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP /OP AGO $2,000,000 $ D AUTOMOBILELIABILRY X ANY AUTO ALL OWNED AUTOS LED AUTOS AUTOS X HIRED AUTOS X NON OWNED AUTOS X omp DED $SOD X Coll DIED E500 ISAH09044917 7/31/2016 07/31/2017 (Ea BIINNEDtSINGLE LIMIT $2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (PeramdenU $ PROPER Y DAMAGE Peraccident $ $ B UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE 19087014 7/31/2016 07/31/2017 EACH OCCURRENCE $20 OOO OOO X AGGREGATE s20,000,000 OEO I X RETENTIONs25000 $ C _ _ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY _ _ __ ANY PROPRIETORIPARTNER/EXECUTIVE Y I N OFFICERIMEMSER EXCLUDED? � (Mandatory In NH) It yyeess descdboundor OEBCRIPTION OF OPERATIONS below _ NIA _ WLRC48610845 7/31/201607/31120_1 X I PER 0TH- E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, AddRional Remarks Schedule, maybe anechad if more apace Is mqulnxd) As respects Commercial General Liability, City of Gilroy its employees, officers, officials and volunteers are included as additional insured where required by contract per the terms, conditions and exclusions - of the general liability policy, per form #LN 20 0166 05. Waiver of subrogation applies per the terms and conditions of the general liability policy, per form #CG 24 04 05 09. The policies apply on an 'occurrence' basis. City of Gilroy 7351 Rosanna Street Gilroy, CA '95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ,DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988 -2014 AC_ ORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S7210751M720012 LSVCT A� v® CERTIFICATE OF LIABILITY INSURANCE D08/012017D� ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Marsh USA, Inc 1166 Avenue of the Americas CONTACT NAME: PHONE A/C No l: New York, NY 10036 E -MAIL ADDRESS. INSURERS AFFORDING COVERAGE NAIC k INSURER A ACE American Insurance Company 22667 - UNFI- GAW -17 -18 INSURED United Natural Foods, Inc INSURER B: Agri General Insurance Company 42757 INSURER C • ACE Fire Underwriters Ins Co 20702 313 Iron Horse Way Providence, RI 02908 INSURER D Indemnity Insurance Company of North America 43575 INSURER E INSURER F . COVERAGES CERTIFICATE NUMBER: NYC - 010056455 -03 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM /DD/YYYY ) POLICY EXP (MM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 17 1 OCCUR HDO- G27869087 07/3112017 07101/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED PREMISES lEa occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY F-1 PRO- JECT [X] LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER B AUTOMOBILE LIABILITY ISA- HO9062580 07/31/2017 07/01/2018 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAS OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ _ _ $ D A B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR /PARTNER/EXECUTIVE OFFICER /MEMBEREXCLUDEDI ❑N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WLR- C6441608A(AOS) WLR - 064416005 (AZ, CA, MA) WLR - 064416121 (TN) SCF- C64416042 (WI) 07/31/2017 07/31/2017 07/31/2017 0 7/0112 01 8 07/01/2018 07/01/2018 07/01/2018 X PER 0TH= STATUTE ER - E L EACH ACCIDENT $ 1,000,000 E L DISEASE -EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) As respects Commercial General Liability, City of Gilroy Its employees, officers, officials and volunteers are Included as additional Insured (except workers' compensation) where required by written contract Waiver of subrogation Is applicable where required by written contract CERTIFICATE HOLDER CANCELLATION City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPF of Marsh USA Inc. Laura DeBonis ©1988 -2016 ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD TION- All riahtR reserved