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PIA No. 2001-59 - DMA Gilroy Partners, LLC RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 16079762 " " "'III " "" "" II " -ee16e79762_ '-701 Tit I es : 1 / Pages: 1 9 Fees. Taxes. Copies. AMT PAID 61.00 61.00 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE J:t 009 1/29/2002 12:35 PM (SP ACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2001-59 DMA Gilroy Partners, LLC Village Green 1 PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 2001-59 C'li zoOI This agreement is made and entered into this ~ day of lvI,,}.....:: vJ(h~r , by and between the City of Gilroy, a municipal corporation, herein called the "City" and DMA Gilroy P~rtners. LLc. a real property owner, developer or subdivider, herein called the "Developer". WHEREAS, a final map of subdivision, record of surveyor building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate known as and called: Village Green. southwest comer of Santa Teresa Boulevard and Hecker Pass Highway. APN 810-21-06 and. WHEREAS, the Developer requires certain utilities and public works facilities in order to service the property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this agreement and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter ofthis agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. 2 SECTION 2 The Developer agrees: a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances, Resolutions, Rules and other Regulations and to comply with the foregoing and all applicable laws.. b. To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of way in and to his said real property necessary for the City in order that its water, electricity, and/or sewer lines in or to said real property may be extended. c. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorneys' fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said real estate which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said real estate; or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this agreement, including without limitation all claims relating to injury or death of any person or damage to any property. d. To construct and improve all public works facilities and other improvements described in this agreement in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on forms provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company satisfactory to City with a minimum "A VII" rating with Best's Rating Guide. 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 affect 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 ofthe improvements by Developer and acceptance of the improvements by City, Developer, at the City's discretion, may substitute for the performance bond securing maintenance described above, a separate maintenance bond in the amount of 10% of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one-year maintenance period. The Payment Bond shall be in an amount not less than: (1) One hundred percent (100%) ofthe total estimated amount payable for the improvements described in this agreement when the total estimated amount does not equal or exceed five million dollars ($5,000,000); (2) Fifty percent (50%) of the 3 total estimated amount payable for the improvements described in this agreement when the total amount is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000); and (3) Twenty-five percent ofthe total estimated amount payable for the improvements described in this agreement when the total amount exceeds ten million dollars ($10,000,000). 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 or Sureties 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 suite is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this agreement; and (3) any amounts required to be deducted, withhold, 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, but its terms, insure 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 furnish the name, address and telephone number of the surety or sureties that the Developer proposes to furnish the Payment Bond and: (1) the original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so; (2) a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner; (3) a certificate from the Clerk of the County of Santa Clara that the insurer'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; and (4) copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance. e. That upon approval of the final map of the subdivision, the record of surveyor the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all sums, shown in Section 9 thereof to be due under the terms and provisions of this agreement. f. At all times during the term of this agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee" and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason ofthe 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 4 against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this agreement or actually carried by Developer in connection with the work described in this agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That except as otherwise expressly provided in this Agreement, all sums shown herein to be payable by the Developer to the City are due and payable to the City upon the execution of this agreement. SECTION 4 That all the provisions of this agreement and all work to be done pursuant to the terms of this agreement are to be completed to City's satisfaction within one year from and after the date and year first above written. Developer shall maintain such public works facilities and other improvements described in this agreement at Developer's sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property. SECTION 5 That the special provisions concerning the particular real estate referred to above, being attached hereto, are hereby incorporated herein and expressly made a part of this agreement. SECTION 6 That the faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations ofthe City, in the event of any such default by Developer. SECTION 7 That this agreement, together with the attached stipulations, is an instrument affecting the title or possession of the real property described in Exhibit A. All the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer and the successors in interest of Developer. Upon the sale or division of the property described in Exhibit A, the terms of this agreement shall apply separately to each parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement. 5 SECTION 8 That the following General Stipulations and the attached stipulations shall be completed subject to the approval of the Community Development Director. 1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. NOTE: The capping of any well will require inspection by the Santa Clara V alley Water District. 2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 3. All work within the public right-of-way shall be subject to the approval of the City Engineer. 4. Before construction utilizing combustible materials may proceed, an all weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 500 feet of each portion ofthe site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. 5. Establish condominiums with appropriate mapping and CC&Rs. 6. Construct improvements along Hecker Pass Highway and along Santa Teresa Boulevard in accordance with approved plans. 7. Construct onsite improvements in accordance with approved plans. 8. Obtain all necessary permits, such as (but not limited to) Caltrans, Santa Clara Valley Water District, County of Santa Clara, and City of Gilroy. 6 SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOT AL AMOUNT DUE CITY $342.368.56 IN WITNESS WHEREOF, City has executed this agreement as of <:f/4/Ucdl tr..\r :(,/, Zoo/-- ---l ATTEST: / , . -1 Ie nUll"J ( {/C--<- J'- Rhonda Pellin CITY CLERK .._~ APPROVED AS TO FORM: ~ CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agreement as of OWNER A 4i1r y Partners, LLC ! //1:,- 6 2- /'" NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. 7 Property Improvement Agreement 2001-59, DMA Gilroy Partners, LLC STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On / /;("~J- before me 111 Tf:'jf 114 II BO\.J"-':A','v , , personally appeared F/ZA/lX:. ci rnt-' L A (or proved to me on the basis of satisfactory evidence) to~e the person(s) whose name( s)' re subscribed to the within instrument and ac~~ledged to me tha~he/they executed the same i hi er/their authorized capacity(ies), and that by ~er/their signature(s) on the instrument the person( s) or the entity upon behalf of which the person( s) acted, executed the instrument. A.) <" 01/-:' Y PVfSC, C (/"--~ my hand an<D@cial seal. , ' \-,d;f;",; J ~,~k Signature per GC Sec. 40814; CC Sec. 1181 J'- - ~ - - - ~ ~ AL ~ - - J PATRICIA K. BENTSON =< j~'~ Commission # 121911~ z ?- t,:,~"".c. ""{"." Notay PubrlC - Califorrua ~ A ~l:}~ Santa Ck2~ ~?:r\Z~ }_'__:"'~j~:~;:~~~~J~9,2003 .. I:\FORMS\AGRMENTS\ Village Green.doc 8 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No. 2001-59 DMA Gilroy Partners, LC, Village Green On January 24,2002, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. _ WI~S my hand and official seal \ .,r.f- ~ '--~ / -,' ,.,' ~ ", "f'\IZ 17 w{~'- ( t:2-L---tA~ ' \ Signature of Notary Public ).- - - - ~~=~5- E J -'--,,""- I s.nta Clara CounlJ - ..,CDrnrn. Ellpi-. .bI19, 2DD5 f -- ---- -- -- -- .- -- -- -. -- -- --- per GC Sec. 40814; CC Sec. 1181 (Notary Seal) CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE (ALL PARK, POLICE, FIRE, PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES HAVE BEEN DEFERED TO BUILDING PERMIT OR FINAL) (ALL FEES, EXCEPT STORM, FOR 75 APARTMENTS, ALZHEIMERS CARE FACILITY WILL BE COLLECTED AT PERMIT) ENCOMPASS NO: E11010000000 I DATE: 8-Nov-2001 NUMBER: 2001- PROJECT LOCATION: TRACT 9374 37 COTTAGE HOMES - Fees at Map including 37 cottage homes and estate lot credits PARCEL NUMBER: 810-21-006 OWNER/DEVELOPER: COASTAL RIM PROPERITES FRANCO MOLA 206-979-9944 CELL MAILING ADDRESS: \3q ~ \ tDII I ~N\.h ~1\4 (n Cj TELEPHONE NO: 714-708-0884 TOM GRUENWALD PREPARED BY: JIM MAESTRI 408-846-0450 Account No, Key Code Fee: Credns: Amount Due: Account Description: 100-2601-0000-3625 4904 $10,832.80 $0.00 $10,832,80 Special Public Works Serv 100-2601-0000-3605 4702 $256,337.32 $0.00 $256,337.32 Engring Plan Check & Insp 410-2600-0000-3660 3302 $226,791.00 $8,269.00 FINAL Park Development Fee 420-2600-0000-3660 4501 $25,588.20 $3,748,80 $21,839.40 storm Development Fee 431-2600-0000-3660 5001 $0,00 $0.00 $0.00 Utility Undergrounding Fee 432-2600-0000-3660 3301 $1,136,33 $0.00 $1,136.33 str Tree Development Fee 433-2600-0000-3660 4905 $135,768.00 $4,381.00 FINAL Traffic Impact Fee 434-2600-0000-3660 4402 $113,080.00 $1,969.00 FINAL Police Development Fee 435-2600-0000-3660 4509 $147,303.00 $0.00 FINAL Sewer Development Fee 436-2600-0000-3660 4510 $55,796.00 $0.00 FINAL Water Development Fee 437 -2600-0000-3660 4511 $8,822,00 $164.00 FINAL Fire Development Fee 438-2600-0000-3660 4512 $39,938,00 $1,051.00 FINAL Public Facilnies Impact Fee 720-0433-0000-3620 2202 $12,534.60 $0.00 $12,534,60 Canst Water Use Fee 801-2601-0000-3899 4703 $39,688.11 $0.00 $39,688.11 Reimbursements 801-2601-0000-3899 4703 $0.00 $0.00 $0,00 Other Reimbursements Totals................ $1,073,615.36 $19,582.80 $342,368,56 Bonds and Securnies $6,228,978 COST SCHEDULE (1) TRACT 9374 VILLAGE GREEN.xls CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: E11010000000 I 8-Nov-2001 2001- TRACT 9374 37 COTTAGE HOMES - Fees at Map including 37 cottage homes and estate lot credits 810-21-006 COASTAL RIM PROPERITES 714-708-0884 TOM GRUENWALD JIM MAESTRI 408-846-0450 COST SCHEDULE TYPE: PRELIMINARY ESTIMATE? N FINAL FEES? Y INCENTIVE AGREEMENT? N IDEFER PARK, POLICE, FIRE & PUBLIC FACILITY FEES? TO PERMIT? N TO PERMIT? N TO FINAL? Y TO FINAL? Y NOTE: This Final Cost Schedule has been adjusted to the rates currently in effect. 15 LOTS ON MAP Lots: UnRs: Sq Ft: 1 1 7 37 2 5 0 0 0 0 0 0 0 0 Sewer GPD: Water GPD: SRe Information: Y Residential-Low? Y Residential-High? N Commercial-Low? N Commercial-High? N Industrial-General? N Industrial-Warehouse? N Assembly Hall? Common Area? Acres: 4.8 14.1 3.4 0.0 0.0 0.0 0.0 0.0 CommerciaVlndustrial Allocations: Reimbursements and credRs: N Country Estates Water System? N Country Estates Sewer System? N Southeast Quadrant Hydrology study? N Obata Industrial Park CredR? Front Footage for Front Foot Charges and Construction Water: street Tree FF: Water FF: 3,183.0 2,405.3 Sewer FF: 0.0 storm FF: 0.0 Construction Water FF: 3,183.0 Special Public Works Services 100-2601-0000-3625 $10,832.80 Maps: Final $3,495.00 + $15.00 lot Y $3,720,00 Fee ID N-FINALM N $0.00 Fee ID N-PARCELM N $0,00 Fee ID N-ASSESM $0.00 Y $0.00 Fee ID N-WR-RESAD Y $0.00 Fee ID N-SS-RESAD or N-SS-CIIAD Y $0.00 Fee ID N-SD-QUADA (2) Parcel $1,350.00 + $15.00 lot Reapportionment (Assessment District Parcels) $2,190,00 + $20.00 lot Plus Customer assessment consuRant Administration Fees: Country Estates Water System (Not Included) Country Estates Sewer Trunk Main (Not Included) Southeast Quadrant Hydrology study (Not Included) COST SCHEDULE TRACT 9374 VILLAGE GREEN.xls Miscellaneous Engineering Services: (Cost Schedules, Agreements, RIW Reviews and Other Misc, Services) 80 hr Misc Services $88,91 I hr. y $7,112.80 Fee 10 N-MISC or N-MISCF Engring Plan Check and Inspection 100-2601-0000-3605 $256,337.32 (Based on total cost of public right-of-way improvements) ~ hr SRe grading and $88.91 I hr. y $1,778.20 Fee 10 N-GRAOINSP or N-GRAOINSF reinspect ion charges Estimated Cost of Public Improvements $3,114,489 Fee 10 N-PLANCK or N-PLANCKF 0% of first $5,000 12% $5,000 $100,000 y $11,400.00 10% $100,000 $200,000 y $10,000,00 8% over $200,000 y $233,159,12 OffsRe Improvements to be Bonded $3,114,489 Park Impact Fee 410-2600-0000-3660 OEFEREO TO FINAL a.Residential-Low $8,269.00 / unR Y $8,269.00 Fee 10 N-PARK-ALO b, Residential-High $5,906.00 / unR y $218,522,00 Fee 10 N-PARK-AHO storm Orain Impact Fee 420-2600-0000-3660 $25,588.20 a, Residential-Low $781.00 I acre y $3,748.80 Fee 10 N-SO-RLO b, Residential-High $1,172.00 I acre y $16.525.20 Fee 10 N-SO-RHO c,Commercial $1,563.00 I acre y $5,314,20 Fee 10 N-SO-COM d.lndustrial $1,758,00 I acre y $0.00 Fee 10 N-SO-INO e.Assembly Hall $781.00 I acre y $0.00 Fee 10 N-SO-AH Obata Industrial Park CredRs (Based on reimbursements due from oversized storm facilRies) Obata Fee CredR $1,170.00 I acre y $0,00 Fee 10 N-SO-OBATA COST SCHEOULE (3) TRACT 9374 VILLAGE GREEN.xls Utility Underground Fee 431-2600-0000-3660 $0.00 Front Footage $126.09 / f.f. x N 0.0 = $0.00 Fee 10 N-UTUNO or N-UTUNO-SF street Tree Fee 432-2600-0000-3660 $1,136.33 Front Footage a.City Planting and Replacement $2,56 I f.f. x $0.00 Fee 10 N-TREEPLNT N 0.0 b.lnspection and Replacement $0.36 I fJ. x --- -------- -------------------------- $1,136.33 Fee 10 N-TREEINSP Y 3,183,0 Traffic Impact Fee 433-2600-0000-3660 OEFEREO TO FINAL a, Residential-Low $4,381.00 / un~ Y $4,381.00 Fee 10 N-TRAF-ALO b.Residential-High $3,551.00 I un~ Y $131,387.00 Fee 10 N-TRAF-AHO c.Commercial-Low Traffic (<= 4 trips/1 000 sf) $4,846,00 I k,s.f, N Fee 10 N-TRAF-CL T d.Commercial-High Traffic (> 4 trips/1 000 sf) $9,791,00 / k.s.f. Y $0.00 Fee 10 N-TRAF-CHT e,lndustrial-General $1,892.00 I k.s.f. Y $0,00 Fee 10 N-TRAF-IG f.lndustrial-Warehouse $1,394,00 I k,s.f, Y $0.00 Fee 10 N-TRAF-IW Police Impact Fee 434-2600-0000-3660 OEFEREO TO FINAL a.Residential-Low $1,969,00 I un~ Y $1,969.00 Fee 10 N-POLC-ALO $111,111.00 Fee 10 N-POLC-AHO b. Residential-High $3,003.00 I un~ Y c.Commercial $2,821.00 I k.s.f. N $0.00 Fee 10 N-POLC-COM d,lndustrial $117,00 / k,s.f, Y $0.00 Fee 10 N-POLC-INO COST SCHEDULE (4) TRACT 9374 VILLAGE GREEN,xls Sewer Impact Fee 435-2600-0000-3660 a, Residential-Low $5,371.00 un~ b.Residential-High $3,836,00 un~ c. CommerciaVI ndustrial $1,724.00 / cgpd Country Estates Sewer Trunk Main (Not Included) Obata I ndustrial Park Cred~s (Based on reimbursements due from oversized sewer facil~ies) Obata Fee Cred~ $531.00 I acre Water Impact Fee 436-2600-0000-3660 a.Residential-Low $2,035,00 un~ b, Residential-High $1,453.00 un~ c.CommerciaVI ndustrial $3,092,00 / kgpd Obata Industrial Park Cred~s (Based on reimbursements due from oversized water facil~ies) Obata Fee Cred~ $154.00 I acre Fire Impact Fee 437 -2600-0000-3660 a.Residential-Low $164.00 un~ b. Residential-High $234.00 un~ c.Commercial $145.00 I k.s.f. d.lndustrial $18.00 I k.s.f, Public Facimies Impact Fee 438-2600-0000-3660 $1,051,00 un~ y $292.00 k,s.f, N $204.00 k.s.f. Y $204,00 k.s.f, Y 720-0433-0000-3620 a. Residential b.Commercial c.1 ndustrial-General d.lndustrial-Warehouse Water User Fee (Construction) $2.76 I U. $168,14 I a,c, + COST SCHEOULE (5) OEFEREO TO FINAL y $5,371.00 Fee 10 N-SS-ALO y $141,932.00 Fee 10 N-SS-AHO y $0,00 Fee 10 N-SS-C/I y $0.00 Fee 10 N-SS-RESCG or N-SS-C/ICG y $0,00 Fee 10 N-SS-OBATA OEFEREO TO FINAL y $2,035.00 Fee 10 N-WR-ALO y $53,761.00 Fee 10 N-WR-AHO y $0,00 Fee 10 N-WATR-C/I y $0.00 Fee 10 N-WR-OBATA OEFEREO TO FINAL $164.00 Fee 10 N-FIRE-ALO $8,658.00 Fee 10 N-FIRE-AHO $0.00 Fee 10 N-FIRE-COM $0.00 Fee 10 N-FIRE-INO OEFEREO TO FINAL $39,938.00 Fee 10 N-PF-AFRES $0.00 Fee 10 N-PF-COM $0.00 Fee 10 N-PF-IG $0.00 Fee 10 N-PF-IW y y N y y $12,534.60 Fee 10 N-CONWATFF and N-CONWATAC TRACT 9374 VILLAGE GREEN,xls Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) Water 801-2601-0000-3899 $39,688,11 Water Mains, including fire hydrants, valves and box: (Developer is responsible for up to and including 12" mains) Half Pipe Front Footage 6 inch Main $12.50 I f.f. x N 0.0 $0.00 Fee 10 N-WR06-1/2 8 inch Main $13,50 I fJ. x N 0.0 $0.00 Fee 10 N-WR08-1I2 10 inch Main $15.00 I fJ. x N 0.0 $0.00 Fee 10 N-WR1 0-1 12 12 inch Main $16.50 lUx Y 2,405.3 $39,688,11 Fee 10 N-WR12-1I2 14 inch Main $18,50 I fJ. x N 0.0 $0,00 Fee 10 N-WR14-1I2 16 inch Main $21,00 lUx N 0.0 $0.00 Fee 10 N-WR16-1/2 18 inch Main $25.00 lUx N 0.0 $0.00 Fee 10 N-WR18-1/2 24 inch Main $31.50 / Ux N 0.0 $0,00 Fee 10 N-WR24-1/2 30 inch Main $37,00 lUx N 0.0 $0,00 Fee 10 N-WR30-1/2 36 inch Main $43,50 I fJ. x N 0.0 = $0.00 Fee 10 N-WR36-1/2 Country Estates Water System y $0.00 Fee 10 N-WR-RESCE (Not Included) Sewer 801-2601-0000-3899 $0.00 Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) Half Pipe Front Footage 6 inch Main $12,00 lUx N 0,0 $0.00 Fee 10 N-SS06-1/2 8 inch Main $12,50 I fJ. x N 0.0 $0.00 Fee 10 N-SS08-1/2 10 inch Main $14,00 I f.f. x N 0.0 $0.00 Fee ID N-SS10-1/2 12 inch Main $15.50 lUx N 0.0 $0.00 Fee 10 N-SS12-1/2 15 inch Main $19.00 lUx N 0.0 $0.00 Fee 10 N-SS15-1/2 18 inch Main $24.00 lUx N 0.0 $0.00 Fee ID N-SS18-1/2 21 inch Main $28.50 I f.f. x N 0.0 = $0,00 Fee 10 N-SS21-1/2 24 inch Main $33.00 I f.f. x N 0.0 $0,00 Fee 10 N-SS24-1I2 27 inch Main $36.50 I f.f. x N 0.0 $0.00 Fee 10 N-SS27-1I2 Country Estates Sewer Trunk Main (Not Included) y $0.00 Fee ID N-SS-RESNH and N-SS-RESCE or Fee 10 N-SS-CIINH and N-SS-CIICE COST SCHEDULE (6) TRACT 9374 VILLAGE GREEN.xls Street Improvements 801-2601-0000-3899 $0.00 Pavement Square Footage 3" AC on 8" AS $2.57 x 0.0 $0.00 Fee ID N-STR-3/08 3" AC on 10" AS $2.89 x 0.0 $0.00 Fee ID N-STR-3/10 3" AC on 12" AS $3,18 x 0.0 $0,00 Fee ID N-STR-3/12 3" AC on 15" AS $3,65 x 0.0 $0,00 Fee ID N-STR-3/15 Square Footage Sidewalk 4" on 4" $4.72 x 0.0 $0.00 Fee ID N-STR-SIW and driveway Front Footage Curb/Gutter on 6" $15.33 x 0.0 $0.00 Fee ID N-STR-C/G Storm Drain 801-2601-0000-3899 $0.00 Storm Mains, including manholes and catch basins: (Developer is responsible for up to and including 24" mains) Half Pipe Front Footage 18 inch Main $20,00 / fJ. x N 0.0 $0.00 Fee ID N-SD18-1I2 21 inch Main $22,00 /f.f.x N 0.0 $0.00 Fee ID N-SD21-1/2 24 inch Main $23.50 / fJ. x N 0.0 $0.00 Fee ID N-SD24-1/2 27 inch Main $25.00 If.f.x N 0.0 = $0.00 Fee ID N-SD27-1/2 30 inch Main $26.50 / fJ. x N 0.0 $0.00 Fee ID N-SD30-1I2 33 inch Main $28.00 / fJ. x N 0.0 $0.00 Fee ID N-SD33-1/2 36 inch Main $29.50 /f.f.x N 0.0 $0,00 Fee ID N-SD36-1/2 42 inch Main $33,00 / fJ. x N 0.0 $0.00 Fee ID N-SD42-1/2 48 inch Main $36,50 /f.f.x N 0.0 $0,00 Fee ID N-SD48-1/2 54 inch Main $39.50 / fJ. x N 0.0 $0.00 Fee ID N-SD54-1I2 60 inch Main $43,00 / f.f. x N 0.0 $0.00 Fee ID N-SD60-1/2 66 inch Main $46,00 I f.f. x N 0.0 $0.00 Fee ID N-SD66-1/2 72 inch Main $49,00 / fJ. x N 0.0 $0,00 Fee ID N-SD72-1I2 COST SCHEDULE (7) TRACT 9374 VILLAGE GREEN.xls 78 inch Main $52.00 lUx N 0.0 $0.00 Fee 10 N-SD78-1I2 84 inch Main $55.00 I U x N 0.0 $0,00 Fee 10 N-SD84-1/2 90 inch Main $58,00 lUx N 0.0 $0.00 Fee 10 N-SD90-1/2 96 inch Main $61.00 lUx N 0.0 $0.00 Fee 10 N-SD96-1/2 Southeast Quadrant Hydrology Study y $0,00 Fee 10 N-SD-QUAD (Not Included) Bonds and Securtties . $6,228,978 801-2601-0000-3899 . Not included in totals NOTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the time Building Permtts are issued, The undersigned agrees to provide actual construction costs for recalculation offees 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. Stte grading and reinspection charges including reinspection of backyard drainage will be billed at the Engineering Division hourly rate in effect at the time of inspection, "\ i/~<~ / - / (,.- 0 L-- I Accepted by: \. Date: COST SCHEDULE (8) TRACT 9374 VILLAGE GREEN.xls 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 $33.00 / foot) $0,00 Oversized Minimum 12" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 14 inch Main $37.00 - $33.00 X 0.0 $0.00 N 16 inch Main $42.00 - $33.00 X 0.0 $0,00 N 18 inch Main $50.00 - $33,00 X 0,0 $0.00 N 24 inch Main $63.00 - $33.00 X 0.0 $0.00 N 30 inch Main $74.00 - $33.00 X 0.0 $0.00 N 36 inch Main $87.00 - $33,00 X 0.0 = $0,00 N Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains $31.00 / foot) $0,00 Oversized Minimum 12" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 15 inch Main $38.00 - $31.00 X 0.0 $0.00 N 18 inch Main $48.00 - $31.00 X 0.0 $0.00 N 21 inch Main $57.00 - $31,00 X 0.0 $0.00 N 24 inch Main $66,00 - $31.00 X 0.0 $0.00 N 27 inch Main $73.00 - $31.00 X 0.0 = $0.00 N Total Oversized storm Drain Main Reimbursement (Developer is responsible for up to and including 24" mains $23.50 I foot) $0.00 Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 27 inch Main $25.00 $23.50 X 0.0 $0.00 N 30 inch Main $26,50 - $23.50 X 0.0 $0.00 N 33 inch Main $28,00 - $23.50 X 0.0 $0.00 N 36 inch Main $29.50 - $23.50 X 0.0 $0.00 N 42 inch Main $33.00 $23.50 X 0.0 $0.00 N 48 inch Main $36,50 - $23.50 X 0,0 $0,00 N 54 inch Main $39.50 - $23.50 X 0.0 $0.00 N 60 inch Main $43.00 - $23,50 X 0.0 $0,00 N 66 inch Main $46.00 - $23.50 X 0,0 $0.00 N 72 inch Main $49,00 $23.50 X 0.0 $0.00 N 78 inch Main $52,00 - $23.50 X 0.0 $0,00 N 84 inch Main $55.00 - $23.50 X 0.0 $0.00 N 90 inch Main $58.00 - $23,50 X 0.0 $0.00 N 96 inch Main $61.00 - $23.50 X 0.0 $0,00 N PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (1) TRACT 9374 VILLAGE GREEN,xls TO SAN JOSE PROJECT LOCATION SUNRISE UVAS CREEK TO SAUNAS VICINITY SITE MAP DMA Gilroy Partners, LLC Village Green, APN 810-21-06 Exhibit A