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PIA No. 2014-03 - BMC Babbs Creek GilroyRECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 22745823 Pages: 25 AMT PAID 97.00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2014 -03 Masoni III — Tract No. 10236 APN: 808 -20 -001 BMC Babbs Creek Gilroy, LLC RDE # 025 10/21/2014 9:26 AM 8/27/2014 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. 2014 -03 This Property Improvement Agreement ( "Agreement ") is made and entered into this _ day of , 2014, by and between the City of Gilroy, a municipal corporation, herein called the "City," and BMC Babbs Creek Gilroy, LLC; a Delaware limited liability corporation, 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 and property improvements known as and called: Mason III, Tract No 10236 APN: 808 -20 -001, a legal description of which is attached hereto and incorporated herein as Exhibit "A" (the "Property"), and as described in the project improvement plans entitled Tract No. 10236 Masoni III. WHEREAS, the developer is the beneficial owner of the property under a contract of sale and also those properties owned by BMC Babbs Creek Gilroy, LLC require certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance-by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this Agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. -2- 8/27/2014 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 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 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 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. d. To construct and improve all public works facilities and other improvements described in this Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this Agreement on file with the City of Gilroy. 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 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 -3- 8/27/2014 estimated amount payable for the improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance's website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to the City prior to Council approval of the final map of the subdivision. Upon approval of 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 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 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 -4- 8/27/2014 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 one year from and after the date and year of this Agreement 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 4 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 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 second sentence of Item 20 of the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement), 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 permitted assigns and all subsequent fees owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and/or entity. 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. SECTION 6 That the following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer. 1) The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments, which was adopted on August 4, 2014 to meet the requirements imposed by the State of California's Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. -5- 8/27/2014 a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate. C. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. 2) All work in the public right -of -way is to be performed in compliance with the City of Gilroy Specifications Standards and Design Criteria and is subject to all laws of the City of Gilroy by reference. Public street improvements and the design of all public storm drainage facilities, sewer, and water lines shall be in accordance with City Standards at the time tentative map was approved (February 41h, 2014) and shall follow the 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 all the Tentative Map conditions (TM 13 -01) as well as to all the Mitigation Measures as stated for the Masoni III Subdivision Project which includes the following: a. In accordance with condition 3, the project shall include the following amenities, to satisfy the requirements of Municipal Code Section 26. 10, regarding provision of amenities in Planned Unit Development projects: Complete sidewalk on Oak Brook Way frontage of Babbs Creek Park Preserve to where it will connect with Greenfield Drive improvements to be installed by Glen Loma Ranch. ii. Complete a sidewalk/trail connection from the end of Babbs Creek cul -de -sac, through the Park Preserve property to connect with the future Class 1 Trail along Santa Teresa Boulevard Class 1 Trail. iii. Contribute $45,000 towards installation of landscaping consisting of drought tolerant low - growth shrubs along with ground cover material, and irrigation system as outlined in the Public Works Standards for project frontages. As an alternative, the applicant may conduct the work to install the landscaping, per City Standards. b. In accordance with condition 4, the project shall comply with all relevant provisions of the Santa Clara Valley Habitat Conservation Plan. C. In accordance with condition 11, with the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.) no building permit shall be issued in connection with this -6- 8/27/2014 project if the owner or developer (i) is not in compliance with the RDO, any conditions of Approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. d. In accordance with mitigation MM 4 -3, prior to issuance of a demolition permit, the project applicant shall retain a qualified biologist to conduct surveys for the presence of bat species. Any structures being used by bats will not be removed until it has been determined that bats are no longer using the site or until demolition can be carried out without harming any bats. e. In accordance with mitigation MM 3 -1, prior to issuance of grading or building permits, the City of Gilroy shall ensure that the BAAQMD's basic construction mitigations measures from Table 8 -1 of the BAAQMD CEQA Guidelines are noted on the construction documents. These basic construction mitigation measures include the following: i. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. ii. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. iii. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. iv. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). V. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. vi. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper conditions prior to operation. vii. All publicly visible sign shall be posted with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. f. In accordance with mitigation MM 3 -2, the project applicant shall implement the following measures in order to reduce the emissions of toxic pollutants generated by heavy -duty diesel - powered equipment during construction. Keep all construction equipment in proper tune in accordance with manufacturer's specifications. ii. Use late -model heavy -duty diesel - powered equipment during construction to the extent that it is readily available in the San Francisco Bay Area. -7- 8/27/2014 iii. Use diesel- powered equipment that has been retrofitted with after - treatment products (e.g., engine catalysts) to the extent that it is readily available in the San Francisco Bay Area. iv. Use low- emission diesel fuel for all heavy -duty diesel - powered equipment operating and refueling at construction sites to the extent that it is readily available and cost effective in the San Francisco Bay Area. (This requirement does not apply to diesel - powered trucks traveling to and from the site.) V. Utilize alternative -fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) to the extent that it is readily available and cost effective in the San Francisco Bay Area. vi. Limit truck and equipment idling time to 2 minutes or less. Clear signage shall be provided for construction workers at all access points. vii. Rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. g. In accordance with mitigation MM 4 -1, prior to issuance of a grading permit for any vegetation removal or ground- disturbing activities, the project applicant shall meet all of the applicable avoidance and minimization measures of the Santa Clara Valley Habitat Plan, submit plan - required mitigation fees, and receive a Habitat Plan Permit from the City of Gilroy. If all required mitigation measures can be accomplished, no other mitigation is required. h. In accordance with mitigation MM 4 -2, if clearing and/or construction activities will occur during the migratory bird nesting season (April 15 — August 15) or raptor nesting season (January 15 — August 15), the project applicant shall retain a qualified biologist to conduct preconstruction surveys to identify active nests within 14 days of construction initiation. i. In accordance with mitigation MM 5 -1, the following language shall be included on any permits issued for the project site: If archeological and /or paleontological resources or human remains are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall me formulated and implemented. j. In accordance with mitigation MM 5 -2, prior to issuance of a building and/or grading permit, the City shall ensure that language is included in all permits in accordance with CEQA Guidelines Section 15065.5 (e), subject to the review and approval of the City of Gilroy Planning Department: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that -8- 8/27/2014 no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendant (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided for in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave good with appropriate dignity on the property in a location not subject to further disturbance if: (a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; (b) the descendent identified fails to make recommendation; or (c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. k. In accordance with mitigation MM 6 -1, prior to issuance of a grading permit, the final construction plans shall be designed in accordance with the recommendations of the Geotechnical Engineering Report prepared by Lai & Associates, dated March 2014. These recommendations include, but are not limited to, designing the project in accordance with the seismic designs parameters per Chapter 16 of the California Building Code (2010 Edition). 1. In accordance with mitigation MM 7 -1, prior to issuance of grading or building permits; the project applicant shall specify on the final project plans implementation of BAAQMD- recommended construction- related measures to reduce greenhouse gas (GHG) emissions during construction activities. These measures include as feasible: Use alternative - fueled (i.e., biodiesel, electric) construction vehicles and equipment to the maximum extent possible. ii. Use local construction materials (within 100 miles) to the maximum extent possible. 5) The Developer shall provide a split rail fence at the end of the Babbs Creek Drive cul -de -sac where the 8 foot PCC sidewalk will connect to the trail. 6) Developer shall submit to the City pre - construction photos /videos of Santa Teresa Boulevard and shall evaluate the condition of Santa Teresa Boulevard during the soil transport operations. All access will occur from Santa Teresa Boulevard. Replacement of any improvements damaged or impacted along Santa Teresa Boulevard by the soil transport operations shall be to the satisfaction of the Public Works Director /City Engineer. Developer shall also submit to the City a full Traffic Control Plan for the soil transport operations from the project site to Santa Teresa Boulevard before start of operations. A separate encroachment permit from the County Roads & Airports Department is required for work along Santa Teresa Boulevard. a. The additional truck trips resulting from the soil transport operations shall occur during non - peak times as indicated in the haul route permit. The site shall be treated for dust control as necessary. Dirt tracked from the work site to Santa Teresa Boulevard shall be cleaned. -9- 8/27/2014 7) Developer shall be responsible for payment of the additional fees due to expedite plan check review of the Public Improvement Plans (plan check review provided by CSG Consultants) in the amount of $38,000. 8) Developer shall remove existing utility poles located within the project boundary as enclosed from Oak Brook Way to Santa Teresa Blvd. Poles along Oak Brook Way shall be removed by the Developer prior to issuance of the 17th building occupancy, unless the work has been assigned/transferred to another party with approval from the Director of Public Works. In order to preserve the 20" walnut tree on the site, one utility pole shall not be removed completely to preserve the trunk of the tree that is entangled with the pole. 9) Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. NOTE: The capping or reinstallation of any well will require inspection and/or approval by the Santa Clara Valley Water District. 10) Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 11) All work within the public right -of -way shall be subject to the approval of the Public Works Director /City Engineer. 12) Before issuance of any building permit and construction utilizing combustible materials may proceed, an all- weather access must be provided to within 150 feet of the building site; and at least one in- service fire hydrant must be available within 150 feet of each portion of the site wherein this construction is to take place. The all- weather road is subject to the approval of the City Engineer. Location of the fire hydrants will be determined by the Fire Chief. 13) All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties. 14) Off -site public improvements shall be installed per the approved Improvement Plans. 15) The Developer shall provide to the City of Gilroy electronic files, in a format acceptable to the City (PDF, DWG format, AutoCAD 2004 maximum) of the final map, tract map and/or parcel map, improvement plans, and record drawings. 16) This project is subject to post- construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code. Post - construction treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and/or Improvement Plan approval. a. Stormwater BMP Operation and Maintenance Agreement Prior to the issuance of any building permit requiring stormwater management BMPs, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management -10- 8/27/2014 treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and /or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. V. Any repairs or restoration/replacement and maintenance shall be in accordance with City- approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. b. Stormwater BMP Inspections will be required for this project and shall adhere to the following: The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: (a) Site address; (b) Date and time of inspection; (c) Name of the person conducting the inspection; (d) List of stormwater facilities inspected; (e) Condition of each stormwater facility inspected; (f) Description of any needed maintenance or repairs; and -11- 8/27/2014 (g) As applicable, the need for site re- inspection. iii. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1 st for the Fall report, and no later than March 15th of the following year for the Winter report. 17) 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. In addition to any other conditions, requirements and limitations set forth in the City's reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Developer's reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be of high importance are determined by City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance. Reimbursements payable to Developer, subject to the terms and conditions of this Agreement and the City's reimbursement policies and ordinances in effect from time to time. SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $ 73,142.61 (Minimum, actual amount to be determined) -12- 8/27/2014 CITY OF GILROY DEVELOPER: By: By: jTh a�s <J.Haglad City Administrator Name: Z,C�i•. Date: ( - � t Title: Date ATTEST: t r � 9r { awna Freels, City � APPROVED AS TO FORM: ". o4o,, City Attorney 4W I, fah r j APPROVAL BY BMC BABBS CREEK GILROY, LLC, a Delaware limited liability company By: BMCH California, LLC, a Delaware limited liability company, its sole member By: G✓ Name: tt� Title: Date: x- -/ /z By: Name: Title: Date: NOTE: If Developer and /or Owner are a corporation, the complete legal name and corporate seal of the -13- 8/27/2014 corporation and the corporate titles of the persons signing for the corporation shall appear above. [ATTACH CURRENT NOTARY FORM(S)] Attachments: • Exhibit A — Legal Description • Exhibit B — Development Cost Schedule -14- 8/27/2014 Order Number: - 0192. 4577570 Page Number: 5 LEGAL DESCRIPTION Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: LOT NO. 1 OF THE SUBDMSION OF LOT NO. 16 OF THE MASSEY THOMAS SUBDIVISION OF LAS ANIMAS RANCH LOT NO. 15, SURVEYED OCTOBER 9, AND 10; 1895, BY HERRMANN BROS., A MAP OF SAME _BEING OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, BOOK F -2 OF MAPS, PAGE 36. EXCEPTING THEREFROM ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF, SANTA CLARA, STATE OF CALIFORNIA, DESIGNATED AS PARCEL A ON THAT CERTAIN MAP ENTITLED, °RECORD OF SURVEY, SANTA TERESA BOULEVARD," BEING A PORTION OF RANCH LOT 11, LAS ANIMAS RANCHO PARTITION SUIT SUPERIOR COURT CASE NO. 5536, MAP NO. 7, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA STATE OF CALIFORNIA ON MARCH 30, 1966 IN BOOK 207 OF MAPS, PAGE 19. ALSO EXCEPTING THEREFROM ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA SOLD TO THE GILROY PRESBYTERIAN CHURCH, FORMERLY KNOWN AS SAN JOSE PRESBYTERY, BY DEED RECORDED 6 -3 -1985 IN BOOK 3362 OF OFFICIAL RECORDS, AT PAGE 119. APN: 808 -20 -001 First American Title Page 5 of 12 7/10/2014 2 4 PM Payment Bond Amount for all improvements Performance Bond Amount for all improvements $1,062,775 $1,062,775 COST SCHEDULE Fees Last Revised January 20, 203ZOMDEV\ENGINEERINQ \DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10236 Mason III FY 14 -15 CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 7/1/2014 ENCOMPASS NO E1 Revised: Revision Number: DATE: 10Jul -14 Revision By NUMBER: Received 04 -01 -14 PROJECT LOCATION Babbs Creek Drive PARCEL NUMBER: 808-20-001 OWNER/DEVELOPER: UCP MAILING ADDRESS 90 Almaden Boulevard, suite 400, San Jose, CA 95113 TELEPHONE NO: (408) 207 - 9499 PREPARED BY: Claudia I. Moran - Garcia Account No. Key Code Fee: Credits: Amount Due: Account Description Paid on Invoice # 100- 2601- 0000 -3625 4904 $0.00 $0.00 Special Public Works Sery 100 - 2601 - 0000 -3605 4702 $95,573.10 $36,408.80 $59,164.30 Eng Plan Check & Insp 420- 2600 - 0000 -3660 4501 $4,704.66 $4,704.66 Storm Development Fee 432 - 2600 - 0000 -3660 3301 $998.35 $998.35 Str Tree Development Fee DEFERED TO 433 - 2600 - 0000 -3660 4905 $191,521.00 FINAL Traffic Impact Fee DEFERED TO 435 - 2600 - 0000 -3660 4509 $138,299.00 FINAL Sewer Development Fee DEFERED TO 436- 2600 - 0000 -3660 4510 $39,951.00 FINAL Water Development Fee DEFERED TO 440 - 2600 - 0000 -3660 4515 $339,066.00 FINAL Public Facility Fee 720 - 0433 - 0000 -3620 2202 $8,27530 $8.27530 Const Water Use Fee 801 - 2601 -PWDO -3899 4703 $0.00 $000 Reimbursements 801- 2601 -PWDO -3899 4703 $0.00 $000 Other Reimbursements Total $73,142.61 Payment Bond Amount for all improvements Performance Bond Amount for all improvements $1,062,775 $1,062,775 COST SCHEDULE Fees Last Revised January 20, 203ZOMDEV\ENGINEERINQ \DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10236 Mason III FY 14 -15 7/102014 2 47 PM COST SCHEDULE Fees Last Revised January 20, 20 JZOMDE\AENGINEERIN(2\DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10236 Masoni III FY 14 -15 ENGINEERING PLAN CHECK & INSPECTION 100- 2601 -0000 -3605 COST ESTIMATE $95,573.10 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0.00 At 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 CITY OF GILROY FINAL ENGINEERING COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST SCHEDULE TYPE: COST COST ESTIMATE Y PLAN CHECK ? N ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO E1 D DATE: 10-Jul-2014 NUMBER Received 04 -01 -14 PROJECT LOCATION: Babbs Creek Drive PARCEL NUMBER: 808 -20 -001 OWNER /DEVELOPER: UCP MAILING ADDRESS: 90 Almaden Boulevard, suite 400, San Jose, CA 95113 TELEPHONE NO: (408) 207 - 9499 PREPARED BY: Claudia I. Moran - Garcia COST SCHEDULE Fees Last Revised January 20, 20 JZOMDE\AENGINEERIN(2\DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10236 Masoni III FY 14 -15 ENGINEERING PLAN CHECK & INSPECTION 100- 2601 -0000 -3605 COST ESTIMATE $95,573.10 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0.00 At 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 FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK ? N INCENTIVE AGREEMENT ONLY? N PUBLIC FACILITY FEE? TO PERMIT? N TO FINAL ? Y (DEFER DEFER SEWER, WATER, TRAFFIC FEES ? TO PERMIT? N TO FINAL ? Y NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect at the time permits are issued Site Information: Gross Acres: Lots. Units. Sq Ft. Residential -Low ? 0.000 0 0 Residential -High ? 5.310 31 23 Commercial -Low ? 0.000 0 0 Commercial -High ? 0.000 0 0 Industrial - General ? 0.000 0 0 Industrial - Warehouse ? 0.000 0 0 Assembly Hall? 0.000 0 0 Common Area? 0.000 0 Commercial /Industrial Allocations Sewer GPD: Water GPD: 0 0 Reimbursements and credits: Front Footage /Square Footage Charges and Construction Water: Street Tree FF: Water FF Sewer FF. Storm FF Const Water Acres to be Developed 2,435.0 0.0 0.0 0.0 5.310 Pavement SF Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF. 0.0 0.0 0.0 0.0 2,435.0 SPECIAL PUBLIC WORKS SERVICES 100 - 2601 -0000 -3625 $0.00 Maps Final Map $1,755.00 + $15.70 lot N $0.00 Fee ID NO- FINALM Parcel Map $2,035.00 + $630.00 / lot N $0.00 Fee ID NO- PARCELM Re- assessment Map (Assessment District Parcels) $1,710.00 + $630.00 lot N $0.00 Fee ID N- ASSESM Administration Fees: (Cost Schedules, Agreements. R/W Reviews and Other Misc Services) 0 hr Misc Services $185.00 hr Y $0.00 Fee ID N -MISC Special Staff Analysis 0 hr Special Analysis $14344 hr N $0.00 COST SCHEDULE Fees Last Revised January 20, 20 JZOMDE\AENGINEERIN(2\DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10236 Masoni III FY 14 -15 ENGINEERING PLAN CHECK & INSPECTION 100- 2601 -0000 -3605 COST ESTIMATE $95,573.10 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0.00 At 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 0 hr Additional Plan Review $143.44 hr N $0.00 (2 Hour Minimum) Re- Inspection Fee 0 hr Re- Inspection $125.00 hr. N $0.00 Inspections outside of normal business hours 0 hr Inspection $475.00 + (Based on total cost of improvements) Estimated Cost of Improvements 12.6% $0 10.5% $100,000 8.4% over Payment Bond Amount for all improvements Performance Bond Amount for all improvements IMPACT FEES Storm Drain Impact Fee a. Residential-Low b. Residential -High c.Commercial d.lndustrial e.Assembly Hall Street Tree Fee a.Cty Planting and Replacement $3.06 / f.f. x b.lnspection and Replacement $0.41 / f.f. x Traffic Impact Fee a Residential -Low b. Res idential -H ig h c.Commercial -Low Traffic (< 10,75 trips /1000 sf) d.Commercial -High Traffic ( >= 10.75 trips /1000 sf) e.l nd ustrial- General f.lndustrial- Warehouse $160.00 / hr. after 3hrs N $0.00 COST ACTUAL ESTIMATE COST $1,062,775 $0 $100,000 Y $12,600.00 Y $0.00 $200,000 do, $10,500.00 Y $0.00 $200,0000 $72,473.10 Y $0.00 $1,062,775 $1,062,775 420 - 2600 -0000 -3660 $56400 acre Y $0.00 $886.00 acre Y $4,704.66 $1,528.00 / acre Y $0.00 $1,128.00 / acre Y $0.00 $564.00 / acre Y $0.00 432 - 2600-0000 -3660 N 0.0 = $0.00 Y 2,435.0 = $998.35 433 - 2600 - 0000 -3660 $10,272.00 / unit Y $0.00 $8,327.00 / unit Y $191,521.00 $11,365.00 / k.s.f. Y $0.00 $22,958.00 / k.s.f. Y $000 $4,504.00 / k.s.f. Y $0.00 $3,264.00 / k.s.f. Y $0.00 711012014 2 4 PM Fee ID NO- GRADINS Fee ID NO- GRADINS Fee ID NO- GRADINS DIFFERENCE ($95,573.10) Fee ID NO- PCKINSP Fee ID NO -SD -LD Fee ID NO -SD -HD Fee ID NO -SD -C Fee ID NO -SD -I Fee ID NO -SD -AH Fee ID NO- TREEPLT Fee ID NO- TREEINS Fee ID N6- TRAF -AL Fee ID N7- TRAF -AH Fee ID N3- TRAF -CL Fee ID N3- TRAF -CH Fee ID N4- TRAF -IG Fee ID N4- TRAF -IW $4,704.66 $998.35 DEFERRED TO FINAL COST SCHEDULE Fees Last Revised January 20, 203ZOMDEV\ENGINEERINB \DEVELOPMENT PROJECTS \FEES\Project Cost Schedules \Tract 10236 Mason III FY 14 -15 7/10/2014 2 4 PM Sewer Impact Fee 435- 2600 - 0000 -3660 DEFERRED TO FINAL a Residential -Low $11,113,00 unit Y $0.00 Fee ID N6 -SS -AL b.Residential -High $6,01300 unit Y $138,299.00 Fee ID N7 -SS -AH c Commercial/Industrial $3,517.00 cg pd Y $0.00 Fee ID NS- SS -C /I Water Impact Fee 436 -2600- 0000 -3660 DEFERRED TO FINAL a.Residential -Low $4,294.00 unit Y $0.00 Fee ID N6- WATR -AL b. Residential -High $1.737.00 / unit Y $39.951.00 Fee ID N7- WATR -AH c Commercial /Industrial $6,731.00 / kgpd Y $0.00 Fee ID N5- WTR -C /I Public Facilities Impact Fee 440 -2600- 0000 -3660 DEFERRED TO FINAL a.Residential -Low $17,522.00 / unit Y $000 Fee ID N6 -PF -AL b.Residential -High $14,742.00 / unit Y $339,066.00 Fee ID N7 -PF -AH c.Commercial $2,640.00 k.s.f. Y $0.00 Fee ID N3 -PF -C d.lndustrial $1,168.00 k.s.f. Y $0.00 Fee ID N4 -PF -I Water User Fee (Construction) 720 - 0433 - 0000 -3620 Y $8,275.30 $3.00 ft $7,305.00 Fee ID NO- CONWTFF plus $182 73 a.c. $970.30 Fee ID 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 of the 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 required by each master plan that are greater than the sizes required by the development The oversized portion is the difference between the master planned size for the main and the greater of the main size required by the development or the developers minimum responsibility for each main Water 801 - 2601 -P W DO -3899 $0.00 Water Mains - including fire hydrants, valves, valve boxes and other pertinences Developer responsibility is up to and including 12" mains Hatf Pipe Lineal Footage 6 inch Main $3900 / LF x N 0.0 = $0.00 Fee ID N- WR06 -1/2 8 inch Main $41.00 / LF x N 0.0 = $0.00 Fee ID N- WR08 -1/2 10 inch Main $47.00 / LF x N 0.0 = $0.00 Fee ID N -WR10 -112 12 inch Main $52.00 / LF x N 0.0 = $0.00 Fee ID N- WR12 -1/2 14 inch Main $57.00 ! LF x N 0.0 = $0.00 Fee ID N- WR14 -1/2 16 inch Main $62.00 / LF x N 0.0 = $0.00 Fee ID N- WR16 -1/2 18 inch Main $6800 / LF x N 0.0 = $0.00 Fee ID N- WR18 -1/2 20 inch Main $76.00 / LF x N 0.0 = $0.00 Fee ID N- WR18 -1/2 24 inch Main $82.00 ! LF x N 0.0 = $0.00 Fee ID N- WR24 -1/2 30 inch Main $91 00 LF x N 0.0 = $0.00 Fee ID N- WR30 -1/2 36 inch Main $106.00 / LF x N 0.0 = $0.00 Fee ID N- WR36 -1/2 COST SCHEDULE Fees Last Revised January 20, 203SCOMDEV tENGINEERIN@\DEVELOPMENT PROJECTSTEES1Project Cost Schedules \Tract 10236 Masoni III FY 14 -15 Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Sewer 801 - 2601 -PWDO -3899 Sewer Mains - including manhole and other pertinences. Developer responsibility is up to and including 12" mains. Half Pipe Lineal Footage 6 inch Main $73.00 / LF x N 0.0 = $0.00 Fee ID N- SS06 -1/2 8 inch Main $75.00 / LF x N 0.0 = $0.00 Fee ID N- SSOS -1/2 10 inch Main $81.00 / LF x N 0.0 = $0.00 Fee ID N- SS10 -1/2 12 loch Main $83.00 / LF x N 0.0 = $0.00 Fee ID N- SS 12 -1/2 15 inch Main $87.00 / LF x N 0.0 = $0.00 Fee ID WSS15 -1/2 18 inch Main $93.00 / LF x N 0.0 = $0.00 Fee ID N- SS18 -1/2 21 inch Main $102.00 / LF x N 0.0 = $0.00 Fee ID N- SS21 -1/2 24 inch Main $106.00 / LF x N 0.0 = $0.00 Fee ID N- SS24 -1/2 27 Inch Main $122.00 / LF x N 0.0 = $0.00 Fee ID N- SS27 -1/2 30 inch Main $144.00 / LF x N 0.0 = $0.00 Fee ID N- SS30 -1/2 33 inch Main $158.00 / LF x N 0.0 = $0.00 Fee ID N- SS33 -1/2 36 inch Main $178.00 / LF x N 0.0 = $0.00 Fee ID N- SS36 -1 /2 39 inch Main $212.00 / LF x N 0.0 = $0.00 Fee ID N- SS39 -1/2 42 inch Main $265.00 / LF x N 0.0 = $0.00 Fee ID N- SS42 -1/2 Street Improvements 801- 2601 -PWDO -3899 Pavement. Sidewalks & Medians Square Footage ACBike path: base $2.55 / SF x N 0.0 = $0.00 Fee ID N- STR -ACB ACBike path: pvmt $2.50 / SF x N 0.0 = $0.00 Fee ID N- STR -ACP Sidewalk: new $9.75 / SF x N 0.0 = $0.00 Fee ID N- STR -S/W Sidewalk: replace $13.25 / SF x N 0.0 = $0.00 Fee ID N- STRS/WR Resurfacing $2.55 / SF x N 0.0 = $0.00 Fee ID N- STR -RESU Landscaped Median $20.35 / SF x N 0.0 = $0.00 Fee ID N- STR -LANM Hardscaped Median $11.63 / SF x N 0.0 = $0.00 Fee ID N -STR -HARD Traffic Signals (equipment only % of Lump Sum Traffic Signal -3 leg $130,200.00 / LS x N 0% = $0.00 Fee ID N- STR -TS3L Traffic Signs" leg $158,500.00 / LS x N 0% = $0.00 Fee ID N- STR -TS4L Curb and Gutter Lineal Footage Curb /Gutter: new $25.85 / LF x N 0.0 = $0.00 Fee ID N- STR -C /G Curb /Gutter. replace $33.40 / LF x N 0.0 = $0.00 Fee ID N- STR -C /GR Curb Ramps $1,057.63 / LF x N 0.0 = $0.00 Fee ID NSTR -CR 7/10/2014 2:47 PM $0.00 $0.00 COST SCHEDULE Fees Last Revised January 20, 20J,2;OMDE\AENGINEERIN60EVELOPMENT PROJECTSWEES\Project Cost Schedules \Tract 10236 Masoni III FY 14 -15 Front Fool Charges Continued (Used to charge and reimburse fees for existing infrastructure) Storm Drain 801 - 2601 -PWDO -3899 Storm 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 / LF x N 0.0 = $0.00 Fee ID N- SD18 -1/2 21 inch Main $69.00 / LF x N 0.0 = $0.00 Fee ID N- SD21 -1/2 24 inch Main $70.00 / LF x N 0.0 = $0.00 Fee ID N- SD24 -1/2 27 inch Main $82.00 / LF x 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 / LF x N 0.0 = $000 Fee ID N- SD33 -1/2 36 inch Main $9500 / LF x N 0.0 = $0.00 Fee ID N- SD36 -1/2 42 inch Main $99.00 / LF x N 0.0 = $0.00 Fee ID N- SD42 -1/2 48 inch Main $117.00 / LF x 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 N- SD54 -1/2 60 inch Main $158.00 ! LF x N 0.0 = $0.00 Fee ID N- SD60 -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 N- SD72 -1/2 78 inch Main $21600 / LF x N 0.0 = $0.00 Fee ID N- SD78 -1/2 84 inch Main $231 00 / LF x N 0.0 = $0.00 Fee ID N- SD84 -1/2 90 inch Main $246.00 / LF x N 0.0 = $0.00 Fee ID N- SD90 -1/2 96 inch Main $261.00 / LF x N 0.0 = $0.00 Fee ID N- SD96 -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 plans, reinspections and inspections outside of normal business hours will be billed as shown in the City of Gilroy's most current comprehensive fee schedule at the hourly rates in effect at the time of inspection. Accepted by: Print v (� Date: 7/10/2014 2.47 PM $0.00 COST SCHEDULE Fees Last Revised January 20, 20 JZOMDEV\ENGINEERIN6\DEVELOPMENT PROJECTS \FEES \Project Cost Schedules\Tract 10236 Masoni III FY 14 -15 7/10/2014 2'.47 PM OVERSIZING 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 $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 14 inch Main $114.00 $104.00 x 0.0 = $0.00 N 16 inch Main $124.00 $104.00 x 0.0 = $0.00 N 18 inch Main $135.00 $104.00 x 0.0 = $0.00 N 20 inch Main $151.00 $104.00 x 0.0 = $0.00 N 24 inch Main $164.00 $104.00 x 0.0 = $0.00 N 30 inch Main $182.00 $104.00 x 0.0 = $0.00 N 36 inch Main $211.00 $104.00 x 0.0 = $0.00 N 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 $17400 $166.00 x 0.0 = $0.00 N 18 inch Main $186.00 $16600 x 0,0 = $0.00 N 21 inch Main $204.00 $166.00 x 0,0 = $0.00 N 24 inch Main $211.00 $166.00 x 0.0 = $0.00 N 27 inch Main $244.00 $166.00 x 00 = $0.00 N 30 inch Main $287.00 $166.00 x 0.0 = $0.00 N 33 inch Main $315.00 $166.00 x 0.0 = $0.00 N 36 inch Main $356.00 $166.00 x 0.0 = $0.00 N 39 inch Main $423.00 $166.00 x 0.0 = $0.00 N 42 inch Main $529.00 $166.00 x 0.0 = $0.00 N Total Oversized Storm Drain Main Reimbmnt (Developer is responsible for up to and including 24" mains) $0,00 Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 27 inch Main $164.00 $140.00 x 0.0 = $0.00 N 30 inch Main $177.00 $140.00 x 0.0 = $0.00 N 33 inch Main $18200 $140.00 x 0.0 = $0.00 N 36 inch Main $18900 $14000 x 0.0 = $0.00 N 42 inch Main $19700 $140.00 x 0.0 = $0.00 N 48 inch Main $233.00 $14000 x 0.0 = $0.00 N 54 inch Main $273.00 $140.00 x 0.0 = $0.00 N 60 inch Main $315.00 $14000 x 00 = $0.00 N COST SCHEDULE Fees Last Revised January 20, 20JZOMDEV\ENGINEERINa \DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10236 Masoni III FY 14 -15 7/1012014 2:47 PM Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storm Drain Main Reimbmnt Continued Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 66 inch Main $357.00 $140.00 x I 0:01 = $0.00 j N 72 inch Main $399.00 $140.00 x 0.01 = $0.00 N 78 inch Main $431.00 $140.00 x _ 00 = $0.00 84 inch Main $461.00 $140.00 x ___ ----0.0j = $0.00 90 inch Main $492.00 $140.00 x OA; _ $0.00 F K 96 inch Main $522.00 $140.00 x 0.0; _ $0.00 I ,IV II COST SCHEDULE Fees Last Revised January 20, 2QJkOMDEV \ENGINEERIN&DEVELOPMENT PROJECTS\FEES\Project Cost ScheduleMTract 10236 Masoni III FY 14-15 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 29, 2014 before me, T.S. Robinson. Notary Public, personally appeared James W. Fletcher, who proved to me on the basis of satisfactory evidence 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. 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. I S. ROBINSON Commission # 1941828 yes Notary Public - California z i Alameda County a gnature of Notary Public My Comm. Expires Jul 18, 2015 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of �� On before me, yl t V z_c notfti Date _�� _ �, t N H9re Insert Nam► and Title of the Officer personally appeared CML CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person(o whose name(!) is subscribed to the within instrument and acknowledged to e that h�helfty executed the same in V er7 eir authorized capacity(iW, and that by INGA ALONZO ef4ht?ir signature( on the instrument the commission s 1931989 Z on i •i li V Notary Public - CalJornia ( or the entity upon behalf of which the Santa Clara County person(," acted, executed the instrument. My Comm. E fires Apr 15, 2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h d and official seal. Signature: Place Notary Seal Above OPTIONAL Signature of Notary Pu c Though the information below is not required by law, it may prove val able t 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: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑1 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing © 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907