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PIA No. 2006-01 - Eagle Ridge Development Company DOCUMENT: 18816462 RECORDING REQUESTED BY: II II. 111111111111111 City of Gilroy Fees Taxes, Copies, AMT PAID 110._ Pages: 19 6] ,00 61,00 WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Grantee ROE 1=1 008 2/22/2006 2:17 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2006-01 Tract 9747 - Eagle Ridge Eagle Ridge Group 3 Estates - Berwick Lane @ Strath Place Eagle Ridge Development Company LLC -1- 1/13/2006 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. 2006-01 This agreement is made and entered into this ~tb day of February, 200,6 by and between the City of Gilroy, a municipal corporation, herein called the "City" and Shapell Industries, Inc., 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: Tract 9747 - Eagle Ridge Group 3 Estates 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 carryon 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- 1/11/2006 SECTION 2 The Developer agrees: a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances, Resolutions, Rules and other Regulations and to comply with the foregoing and all applicable laws.. b. To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of way in and to his said real property necessary for the City in order that its water, electricity, and/or sewer lines in or to said real property may be extended. c. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorneys' fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said real estate which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said real estate; or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this agreement, including without limitation all claims relating to injury or death of any person or damage to any property. d. To construct and improve all public works facilities and other improvements described in this agreement in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in the amount of ten percent (10%) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one-year maintenance period. -3- 1/ 11/2006 The Payment Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this agreement. The Payment Bond shall secure the payment 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 Ci viI Code Section 3181; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from 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. That upon approval of the final map of the subdivision, the record of surveyor the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all sums, shown in Section 9 thereof to be due under the terms and provisions of this agreement. f. At all times during the term of this agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this agreement or actually carried by Developer in connection with the work described in this agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on -4- 1/11/2006 a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That except as otherwise expressly provided in this Agreement, all sums shown herein to be payable by the Developer to the City are due and payable to the City upon the execution of this agreement. SECTION 4 That all the provisions of this agreement and all work to be done pursuant to the terms of this agreement are to be completed to City's satisfaction within one year from and after the date and year first above written. Developer shall maintain such public works facilities and other improvements described in this agreement at Developer's sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property. SECTION 5 That the special provisions concerning the particular real estate referred to above, being attached hereto, are hereby incorporated herein and expressly made a part of this agreement. SECTION 6 That the faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by Developer. SECTION 7 That this agreement, together with the attached stipulations, is an instrument affecting the title or possession of the real property described in Exhibit A. All the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer and the successors in interest of Developer. Upon the sale or division of the property described in Exhibit A, the terms of this agreement shall apply separately to each parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement. -5- 1/1112006 SECTION 8 That the following General Stipulations and the attached stipulations shall be completed subject to the approval of the Community Development Director. 1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 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 150 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. 5. All construction work shall be coordinated so that the existing residents have access to their properties. 6. Off-site public improvements shall be installed per the approved Improvement Plans. 7. The developer shall pay to the City reimbursement amounts as shown on the attached final cost schedule to cover improvements installed under the Country Estate Tract 8136 Property Improvement Agreement that benefited this property. 8. The Developer shall provide to the City of Gilroy electronic copy of the final map as an AutoCAD drawing file (DWG format, AutoCAD 2002 maximum). 9. Before issuance of any building permit, all roadway infrastructures shall be in place and covered with an all weather road subject to the approval of the City Engineer. 10. Any reimbursements due the Developer, unless specified otherwise in writing in this agreement, will expire ten (10) years after the date of execution of this agreement. 11. Developer shall comply with all EIR mitigation measures, monitoring programs, conditions of approval, and other requirements imposed pursuant to City Council Resolution 96-55 passed and adopted by the City Council on September 3, 1996, approving the Vesting Tentative Map for Eagle Ridge (collectively, the "Vesting Tentative Map Conditions"). In the event of any conflict between this Agreement and the Vesting Tentative Map Conditions, the Vesting Tentative Conditions shall control. (Phase I and Subsequent Phase). 12. The Homeowners Association shall be responsible for the maintenance of all private open space, private streets and the storm water systems on the properties/facilities which are owned by the Association. The Association shall conform to the approved weed abatement plan. All the -6- 1/1112006 above items shall be defined in the CC&R's. The developer shall be responsible for maintenance and implementation of the above-mentioned items until such time as the property/facility is turned over to the Homeowners Association parcels throughout the buildout phases of the project. 13. The developer shall be responsible for the implementation of the "Eagle Ridge California Tiger Salamander Plan" prepared by LSA, dated August 8, 1996, including submittal of the yearly monitoring report. The developer shall remain responsible for the Plan implementation until the California Tiger Salamander mitigation areas become part of the Homeowners Association properties, at which time the Homeowners Association shall become the responsible party. The project CC&R's shall include the Homeowners Association's responsibility for the Plan implementation. (Phase I and subsequent phases). 14. The City Engineer will monitor the adequacy of the Eagle Ridge storm drain system. If the City Engineer judges the improvements to be inadequate for the protection of public facilities, based on City design criteria, he may require corrective measures to be designed and constructed by the developer as a condition of approval for subsequent phases. (Phase I and subsequent phases). 15. The developer shall install, test and make operational, an approved water supply system capable for providing adequate fire flow serving each phase of development, prior to start of combustible construction, subject to approval of the Fire Marshall. (Phase I and subsequent phases). -7- 1/11/2006 SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $48,573.53 IN WITNESS WHEREOF, City has executed this agreement as of Fe-0ru..a.~ 1 / W 0 ~ . ATTEST: 02. / ~. .vtdf~ ~ Rhortaa Pellin CITY CLERK APPROVED AS TO FORM: ~~ ,. ~ . CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agreement as of JJ 13 \ a ~ OWNER: BY: Shapell Industries, Inc. A Delaware Corporation Manager e~hwi /~.,' . Christian Truebridge Asst. Vice President ~' if? en ox Asst. Secretary 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. -8- 1/11/2006 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No. 2006-01, Tract 9747-Eagle Ridge, Eagle Ridge Group 3 Estates - Berwick Lane @ Strath Place, Eagle Ridge Development Company LLC On February 7,2006, 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. WITNES o;Y hand a:2n~ . ai, seal. '~( ~~' ' - ~-L4"- Signature of Notary Public I.~ ~ ~ ~ ~:=:.- J I _Plac,,,- I lena Clara County - _,.,. ~~_~~1~~ per GC Sec. 40814; CC Sec. 1181 (Notary Seal) Property Improvement Agreement No. 2006-01 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On '/1310/ ,beforeme,'3~~\~ ~Q~ ,~o\'h(U.1 PlL\J\tc- ~ ~ I \ personally appeared =::S-. C~R.-'S \ I A(\) -( ;( ~c::-\n R-\ DCs-e =.\: KerJ em-y:: personally known to me (or proved to me Oil thp. hasis of @ti~f~ctory e-viJclll.,-e) to be the person(s) whose name(s))@are subscribed to the within instrument and acknowledged to me that hefflhe/they executed the same in his/her/their authorized capacity(ies), and that by His/hcr/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. . ~T#~428 '-J' fIubflc . California _f IcWa Claro cOWlty _Cclmm'~Aug24. r GC Sec. 40814; CC Sec. 1181 -9- 1I1112006 ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION PARCEL NUMBER: OW NERIDEVELOPER: MAILING ADDRESS: TELEPHONE NO PREPARED BY: Account No, Key Code CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED E1 1..:1 .5~Ja&2ti)j).. .......................... ~t~t\1:t@ SEAWldwSTAATH Revised: Revision Number: 1/11/2006 .,eAGLERIOGE.... ................................. .J;l\IlAes1t.iF....>.. ........................... Paid on Invoice # 100-2601-0000-3625 4904 $21318 100-2601-0000-3605 420-2600-0000-3660 432-2600-0000-3660 433-2600-0000-3660 435-2600-0000-3660 436-2600-0000-3660 440-2600-0000-3660 720-0433-0000-3620 801-2601-PWDO-3899 801-2601-PWDO-3899 Payment Bond Performance Bond COST SCHEDULE 4702 $35,408 32 4501 $5,777,98 3301 $000 4905 $118,40400 4509 $148,22600 4510 $45,04500 4515 $255,34600 2202 $7,17405 4703 $000 4703 $367,604 $367,604 Fee: Credits: Amount Due: Account Description: $21318 Special Public Works Serv $35,40832 Engring Plan Check & Insp $5,77798 Storm Development Fee $0,00 Str Tree Development Fee DEFERED TO BUILDING PERMIT Traffic Impact Fee DEFERED TO BUILDING PERMIT Sewer Development Fee DEFERED TO BUILDING PERMIT Water Development Fee DEFERED TO BUILDING PERMIT Public Facility Impact Fee $7,174,05 Const Water Use Fee $0,00 Reimbursements $0,00 Other Reimbursements Total $48,57353 Fees Last Revised January 1, 2005 (1) TRACT 9747 EAGLE RIDGE GROUP III 1/11/2006 CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER MAILING ADDRESS: TELEPHONE NO PREPARED BY E1 I 5-Jan-2006 TRACT 9747 #3 BERWICKlSTRATH EAGLE RIDGE J.MAESTRI COST SCHEDULE TYPE: PRELIMINARY ESTIMATE ?N IDEFER PUBLIC FACILITY FEE? DEFER SEWER, WATER, TRAFFIC FEES? NOTE: This Final Cost Schedule has been adjusted to the rates currently in effect, FINAL FEES?1 INCENTIVE AGREEMENT FEES ONLY? N<< c.'.',' ~ TO PERMIT ?'( TO FINAL ?i<i< TO PERMIT ?Y TO FINAL? N< Site Information: Residential-Low? Residential-High? Commercial-Low ? Commercial-High? Industrial-General? Industrial-Warehouse? Assembly Hall? Common Area? Sq Ft: Commercial/Industrial Allocations: Sewer Water GPD: Reimbursements and credits: Country Estates Water System? Southeast Quadrant Hydrology Study? Obata Industrial Park Credit? Front Footage/Square Footage Charges and Construction Water: Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Pavement SF: Median SF: Sidewalk SF: Curb/G utter FF: Construction Water FF: Special Public Works Services 100-2601 -0000-3625 $213,18 Maps: Final Map $1,565,00 + $10,00 / lot :tit $0,00 Fee ID NO-FINALM :N' $0,00 Fee ID NO-PARCELM /II $000 Fee ID N-ASSESM :N $000 Fee ID N-SD-QUADA Parcel Map $1,630,00 + $10,00 / lot Re-assessment Map (Assessment District Parcels) $175,00 + $20,00 / lot Administration Fees: Southeast Quadrant Hydrology Study (Not Included) Scannin~ Fee ~ #ofMap& $8. 00 / sheet y $0,00 Fee ID NO-SCAN Plan sheets COST SCHEDULE (2) Fees Last Revised January 1, 2005 TRACT 9747 EAGLE RIDGE GROUP III Miscellaneous Engineering SeNices: (Cost Sche~~les. Agreements. R;W Reviews and Other Misc, SeNices) :::~'hr Misc SeNices $106,59 hr, 'S: Engring Plan Check and Inspection (Based on t?~~I~~t ot public right-ot-way improvements) ::~hr Site grading and reinspect ion charges 1 00-2601-0000-3605 $106,59 / hr, J'f Estimated Cost ot Public Improvements 12% $0 .............................. ................................ '" ,""","",',$' "sa" 7" "$" 04' '" ............... .... ........-....... .. .. ::::::::::::::::::::::::::::<:...:.....:.::,...........-::: $100,000S 10% $100,000 $200,000 :Y 8% $200,000 y over Payment Bond Amount tor Offsite Improvements Performance Bond Amount tor Offsite Improvements ................................. :.:.:.:.:.....................$fi'M&: ................................ <<$$.1,~ Impact Fees: Storm Drain Impact Fee 420-2600-0000-3660 a, Residential-Low $626,00 / acre :Y b, Residential-High y $983 00 / acre c,Commercial <y $1.696,00 / acre d, industrial $1,252,00 / acre )1'" e,Assembly Hall $62600 / acre Obata Industrial Park Credits (Based on reimbursements due trom oversized storm facilities) Obata Fee Credit $1,170,00 / acre :,yo y Street Tree Fee 432-2600-0000-3660 Front Footage a,City Planting and Replacement $256 / f.f. x ............................ N>><n:o = b,lnspection and Replacement $036 / f.f. x Traffic Impact Fee 433-2600-0000-3660 a, Residential-Low COST SCHEDULE $9.10800 / unit $7.38300 unit $10.076,00 / k,s,j, $20.35400 / k,s,j, $3,99400 / k,s,t, $2.895,00 / k,s,t (3) y :Y b, Residential-High c, Commercial-Low Traffic (< 10,75 trips/1000 sf) d,Commerciai-High Traffic (>= 10,75 trips/1 000 sf) :Y y y e,lndustrial-General :Y j,lndustrial-Warehouse Fees Last Revised January 1, 2005 1/11/2006 $21318 Fee ID N-MISC $35,408,32 $000 Fee ID NO-GRADINS Fee ID NO-PLANCHK $12,000,00 $10,000,00 $13,408,32 $5.77798 $5,777,98 Fee ID NO-SD-LD $000 Fee ID NO-SD-HD $000 Fee ID NO-SD-C $0,00 Fee ID NO-SD-I $0,00 Fee ID NO-SD-AH $0,00 Fee ID N-SD-OBATA $0,00 $000 Fee ID NO-TREEPL T $0,00 Fee ID NO-TREEINS DEFERED TO BUILDING PERMIT $118,40400 Fee ID N1-TRAF-LD $000 Fee ID N2-TRAF-HD $000 Fee ID N3-TRAF-CL $000 Fee ID N3-TRAF-CH $000 Fee ID N4-TRAF-IG $000 Fee ID N4-TRAF-IW TRACT 9747 EAGLE RIDGE GROUP III Sewer Impact Fee a, Residential-Low 435-2600-0000-3660 $11,402,00 1 unit X b, Residential-High $6,170,00 1 unit Y: $3,608,00 1 cgpd y c, Commercial/l ndustrial Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531,00 1 acre y Water Impact Fee a,Residential-Low 436-2600-0000-3660 $3,465,00 1 unitY b,Residential-High $1,401,00 x, unit c,Commercial/lndustrial $5,431,00 1 kgpd Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154,00 1 acre y y Public Facilities Impact Fee a, Residential-Low 440-2600-0000-3660 $19,642,00 1 unit X b,Residential-High $16,639,00 unit <'1\ $2,85600 k,s,f, X $1,268,00 k,s,f, ':v c,Commercial d,lndustrial Water User Fee (Construction) 720-0433-0000-3620 $276 1 ff plus $16814 1 a,c, Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) Water Water Mains, including fire hydrants, valves and box: (Developer is responsible for up to and including 12" mains) Half Pipe 6 inch Main $41,00 1 LF x 801-2601-PWDO-3899 Lineal Footage 'N}"" ""'>>:::.:.:':::.:...:...iio.. = 8 inch Main $4300 1 LF x 10 inch Main $49 00 1 LF x 12 inch Main $54,00 1 LF x 14 inch Main $60 00 1 LF x 16 inch Main $65 00 1 LF x 18 inch Main $7100 1 LF x 24 inch Main $79,00 1 LF x 30 inch Main $86 00 1 LF x 36 inch Main $11100 1 LF x Country Estates Water System Y (Not Included) COST SCHEDULE (4) Fees Last Revised January 1, 2005 1/11/2006 DEFERED TO BUILDING PERMIT $148,22600 Fee ID N1-SS-LD $0,00 Fee ID N2-SS-HD $0,00 Fee ID N5-SS-C/I $0,00 Fee ID N-SS-OBATA DEFERED TO BUILDING PERMIT $45,04500 Fee ID N1-WATR-LD $000 Fee ID N2-WATR-HD $000 Fee ID N5-WTR-C/I $0,00 Fee ID N-WR-OBATA DEFERED TO BUILDING PERMIT $255,346,00 Fee ID N1-PF-LD $0,00 Fee ID N2-PF-HD $0,00 Fee ID N3-PF-C $0,00 Fee ID N4-PF-1 ""X"", $7,17405 $5,622,12 Fee ID NO-CONWTFF $1,551,93 Fee ID NO-CONWTAC $000 $000 Fee ID N-WR06-1/2 $0,00 Fee ID N-WR08-1/2 $0,00 Fee ID N-WR10-1/2 $0,00 Fee ID N-WR12-1/2 $0,00 Fee ID N-WR14-1/2 $0,00 Fee ID N-WR16-1/2 $000 Fee ID N-WR18-1/2 $000 Fee ID N-WR24-1/2 $0,00 Fee ID N-WR30-1/2 $000 Fee ID N-WR36-1/2 $0,00 Fee ID N-WR-RESCE TRACT 9747 EAGLE RIDGE GROUP III Front Foot Charges: Sewer Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) Half Pipe 6 inch Main $76,00 1 LF x 8 inch Main $78,00 1 LF x 10 inch Main $85,00 1 LF x 12 inch Main $87,00 1 LF x 15 inch Main $91,00 1 LF x 18 inch Main $9800 1 LF x 21 inch Main $107,00 1 LF x 24 inch Main $111,00 1 LF x 27 inch Main $12800 1 LF x 30 inch Main $15000 1 LF x 33 inch Main $165,00 1 LF x 36 inch Main $18700 1 LF x 39 inch Main $22100 1 LF x 42 inch Main $277.00 1 LF x Street Improvements Pavement, Sidewalks & Medians AC/Bike path: base $370 1 s,f, x AClBike path pvmt $1,50 1 s,j, x Sidewalk: new $10,60 1 s,j, x Sidewalk: replace $14,80 1 s,j, x Resurfacing $3,20 1 s,t x Landscaped Median $2225 1 s,t, x Hardscaped Median $1270 1 s,t, x Traffic Signals (equipment only) Traffic Signal-3 leg $140,00000 1 I.s, x Traffic Signal-4 leg $170,000,00 II,s, x Curb and Gutter Curb/Gutter: new $2640 1 LF x Curb/Gutter: replace $3700 1 LFx Curb Ramps $1,161,00 1 LF x COST SCHEDULE 801-2601-PWDO-3899 Lineal Footage ............................... N~;~= ..................... .w>...... .>.........>..>:&6 = 801-2601 -PW DO-3899 Square Footage ,_ ............ .... d_' .j<{. ....................................0:0= % of Lump Sum .............................. i'!".. .........................'...i'>%= Lineal Footage ......................"",. .N......................................O:O= (5) Fees Last Revised January 1, 2005 1/11/2006 $0,00 $0,00 Fee ID N-SS06-1/2 $000 Fee ID N-SS08-1/2 $000 Fee ID N-SS10-1/2 $0,00 Fee ID N-SS12-1/2 $000 Fee ID N-SS15-1/2 $0,00 Fee ID N-SS18-1/2 $0,00 Fee ID N-SS21-1/2 $000 Fee ID N-SS24-1/2 $0,00 Fee ID N-SS27-1/2 $0,00 Fee ID N-SS30-1/2 $000 Fee ID N-SS33-1/2 $000 Fee ID N-SS36-1/2 $000 Fee ID N-SS39-1/2 $0,00 Fee 10 N-SS42-1/2 $0,00 $0,00 Fee 10 N-STR-ACB $0,00 Fee 10 N-STR-ACP $0,00 Fee 10 N-STR-SIW $000 Fee 10 N-STR-SIWR $000 Fee 10 N-STR-RESU $0,00 Fee 10 N-STR-LANM $0,00 Fee 10 N-STR-HARO $0,00 Fee ID N-STR-TS3L $0,00 Fee 10 N-STR-TS4L $000 Fee 10 N-STR-C/G $000 Fee 10 N-STR-C/GR $000 Fee 10 N-STR-CR TRACT 9747 EAGLE RIDGE GROUP III Front Foot Charges: Storm Drain Storm Mains, including manholes and catch basins: (Developer is responsible for up to and including 24" mains) Half Pipe 18 inch Main $66 00 1 LF x 21 inch Main $72,00 1 LF x 24 inch Main $7400 1 LF x 27 inch Main $86 00 1 LF x 30 inch Main $93 00 1 LF x 33 inch Main $96 00 1 LF x 36 inch Main $99 00 1 LF x 42 inch Main $103,00 1 LF x 48 inch Main $122,00 LF x 54 inch Main $14400 1 LF x 60 inch Main $165,00 1 LF x 66 inch Main $18700 1 LF x 72 inch Main $209,00 1 LFx 78 inch Main $225,00 1 LF x 84 inch Main $241,00 1 LF x 90 inch Main $257,00 1 LF x 96 inch Main $273,00 1 LF x Southeast Quadrant Hydrology Study (Not Included) 801 -2601-PW DO-3899 Lineal Footage .............................. 'N<>.......(............ifo = .:Y:, 1/11/2006 $0,00 $000 Fee ID N-SD18-1/2 $0,00 Fee ID N-SD21-1/2 $0,00 Fee ID N-SD24-1/2 $000 Fee ID N-SD27-1/2 $0,00 Fee ID N-SD30-1/2 $000 Fee ID N-SD33-1/2 $000 Fee ID N-SD36-1/2 $000 Fee ID N-SD42-1/2 $000 Fee ID N-SD48-1/2 $000 Fee ID N-SD54-1/2 $0,00 Fee ID N-SD60-1/2 $000 Fee ID N-SD66-1/2 $0,00 Fee ID N-SD72-1/2 $0,00 Fee ID N-SD78-1/2 $0,00 Fee ID N-SD84-1/2 $0,00 Fee ID N-SD90-1/2 $0,00 Fee ID N-SD96-1/2 $000 Fee ID N-SD-QUAD NOTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the time Building Permits are issued, The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance, If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference, Site grading and reinspect ion charges including reinspection of backyard drainage will be billed at the Engineering Division hourly rate in effect at the time of inspection, Accepted by Date: COST SCHEDULE (6) Fees Last Revised January 1, 2005 F7~~ -- / /Z.Z / Of., . TRACT 9747 EAGLE RIDGE GROUP III Oversizing Schedule (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement Total Oversized Water Main Reimbursement (Developer is responsible for up to and including 12" mains Oversized Minimum 12" main Full Pipe $/foot Full Pipe $/foot Oversized Footage .... ......................... 14 inch Main $11900 - $10800 X:QO = 1 6 inch Main $13000 - $108,00 ............................ ........................... X::: 0:0 = 1 8 inch Main $14100 - $10800 ............................. ................-....... X:::::::: 0:0 = 24 inch Main $158,00 - $108,00 ............................ X::oO = 30 inch Main $172,00 - $10800 .......................... .................. X:::::::::::::::::O::O = 36 inch Main $221,00 - $108,00 Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains Oversized Minimum 12" main Full Pipe $/foot Full Pipe $/loot Oversized Footage $182,00 - $173,00 X:> 00= 15 inch Main 18 inch Main 21 inch Main 24 inch Main 27 inch Main 30 inch Main 33 inch Main 36 inch Main 39 inch Main ........................... ........................... X::' :'::://///:::::::::::0::0: = $19600 - $17300 $213,00 - $17300 $22100 - $17300 $225 00 - $173,00 $300,00 - $17300 $33000 - $173,00 $37300 - $173,00 $442 00 - $173,00 ............................ ......................... X:" ::::::::::::::::::::::::::::::0::0: = ............................... ............................ X :::::::::::::::::::::::::::::::::::::::::::::::}j;~~~O:: - ... .................-....... ....................... X:::: ::>>~<<<<<<<<<:O~:'f = ................................ ............................ X :::::::::::::::::::::::::::::::::::}::::::::::::::tt(;f = ......................... ......................... 42 inch Main $55300 - $173,00 X@= Total Oversized Storm Drain Main Reimbmnt (Developer is responsible for up to and including 24" mains Oversized Minimum 24" main Full Pipe $/foot Full Pipe $/foot Oversized Footage ...................... 27 inch Main $172,00 - $147,00 X:;::::::::::::::::::::::::::::::::::::::::::::O::O::= 30 inch Main $18500 - $14700 33 inch Main $19100 - $14700 36 inch Main $197,00 - $14700 42 inch Main $20500 - $14700 48 inch Main $243,00 - $147,00 54 inch Main $28700 - $14700 60 inch Main $33000 - $14700 66 inch Main $374,00 - $14700 PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE .............,................ X::: :))))))):><<<Hihf = .............'.......... ........................ X::;: ,. ';:.;:::::::,0:0 = .........................,...... X:)OO = (1) Fees Last Revised January 1. 2005 Oversized Reimbursement $000 N $0,00 N $000 N $0,00 N $0,00 N $000 N Oversized Reimbursement $0,00 N $0,00 N $0,00 N $000 !II $000 N: $0,00 .I~i' $000 N $0,001'<1 $000 N $O,OON Oversized Reimbursement $O,OON $OOON $000 N $000 N $000 N $000 N $000 !II $0,00 N $000 N 1/11/2006 $0,00 $108,00 /LF) $0,00 $173,00 ILF) $000 $147,00 ILF) $000 TRACT 9747 EAGLE RIDGE GROUP III Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storm Drain Main Reimbmnt Continued Oversized Minimum 24" main 72 inch Main Full Pipe $/loot Full Pipe $11001 Oversized Footage .. .............................. $418,00 - $147,00 X:!)::!) = 78 inch Main $45000 - $147,00 ......... , ,. X:::::::::<::O;O = 84 inch Main $482,00 - $147.00 90 inch Main $51400 - $147,00 .......... . ,-,. ........................ X :::} :::>~<<<<<<<<<:Q;:~r = 96 inch Main $546,00 - $147.00 PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (2) Fees Last Revised January 1, 2005 Oversized Reimbursement $O,ool\i: $0,00 N $0,00 N $0,00 H $oooN 1/11/2006 TRACT 9747 EAGLE RIDGE GROUP III HECKER PASS HIGHWAY 5 TRACT 9747 BALL YBUNION DR TO SALINAS VICINITY MAP NO SCALE HECKER PASS HIGHWA'r VICINITY SITE MAP Property Improvement Agreement No. 2006-01 Tract 9747 - Eagle Ridge Eagle Ridge Group 3 Estates - Berwick Lane @ Strath Place Eagle Ridge Development Company LLC Exhibit A