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PIA No. 2012-01 - Gilroy Sobrato LLCRECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 21921748 Pages: 18 AMT PAID 66.00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Owner (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2012 -01 Gilroy Sobrato Apartments— Tract 9467 APN: 790 -07 -028 Gilroy Sobrato LLC RDE # 005 10/29/2012 12:40 PM -1- IKKS11065242.1 9/18/12 091812 - 04706091 PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR IMPROVEMENT OF STREETS: AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. 2012 -01 St This Property Improvement Agreement ( "Agreement ") is made and entered into this %day of 2012, by and between the City of Gilroy, a municipal corporation, herein called the "City," and Gilroy Sobrato LLC, a California Limited Liability Company, 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: Gilroy Sobrato Apartments, APN: 790 -07 -028, 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 Gilroy Sobrato LLC. WHEREAS, the Developer is the fee owner of the Property and requires certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this Agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. SECTION 2 -2- WM1065242.1 9/18/12 091812 - 04706091 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. 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 off -site 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, to construct three driveways and a ten -foot wide concrete sidewalk on the west side of Monterey Street south of the project to the traffic signal at Farrell Avenue. 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. -3- IKKS11065242.1 9/18/12 091812 - 04706091 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 perfonning 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 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. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer pursuant to fees shown on the attached Exhibit B, Comprehensive Fee Schedule, are due and payable to the City prior to issuance of Certificate of Occupancy. 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 fonn "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 -4- IKKS11065242.1 9/18/12 091812 - 04706091 each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That 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 9 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. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. -5- IKKS11065242.1 9/18/12 091812 - 04706091 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 Public Works Director /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 work shall be coordinated so that the existing residents on all adjacent streets have access to their properties. 6. Off -site public improvements shall be installed per the approved Improvement Plans. 7. 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. 8. 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. -6- MM1065242.1 9/18/12 091812 - 04706091 f SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $ 5,654.65 CITY OF GILROY By: Tho as J. Haglun City Administrator Date: Z APPROVED AS TO FORM: Lin a A. Callon, City Attorney DEVELOPER: By: Gilroy Sobrato LLC Name: Dennis Lalor Title: Vice President / Date: 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. [ATTACH EXHIBIT A — LEGAL DESCRIPTION] [ATTACH EXHIBIT B — COMPREHENSIVE FEE SCHEDULE] -7- IKKS11065242.1 9/18/12 091812 - 04706091 EXHIBIT A DESCRIPTION OF THE PROPERTY Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCEL ONE: LOT 15, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 9467 SOBRATO TRANSITIONAL CENTER ", WHICH WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 17, 2003 IN BOOK 759 OF MAPS, PAGES 47 THROUGH 50. PARCEL TWO: RIGHTS AND EASEMENTS CONTAINED IN THAT CERTAIN "RECIPROCAL EASEMENT, JOINT JUSE AND MAINTENANCE AGREEMENT" RECORDED DECEMBER 20, 2004 AS INSTRUMENT NO. 18153236 OF OFFICIAL RECORDS. APN: 790 -07 -028 and Arb No: 790 -07 -002 In WKW 065242.1 091812 - 04706091 9/18/12 9/28/2012 EXHIBIT B CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COMPREHENSIVE FEE SCHEDULE ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO: E1 Revised: September 14, 2012 Revision Number: DATE: 14- May -12 Revision By: NUMBER: 26 STUDIO APARTMENTS PROJECT LOCATION: GILROY SOBRATO APARTMENTS PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: Account No. Key Code 100 - 2601 - 0000 -3625 4904 100 -2601- 0000 -3605 4702 420 -2600- 0000 -3660 4501 432 - 2600- 0000 -3660 3301 433 - 2600- 0000 -3660 4905 435 -2600- 0000 -3660 4509 436- 2600 - 0000 -3660 4510 440 - 2600 - 0000 -3660 4515 720 - 0433 - 0000 -3620 2202 801 - 2601 -PWDO -3899 4703 801 - 2601 -PWDO -3899 4703 790 -07 -028 SOUTH COUNTY HOUSING L.L.C. 9389 MONTEREY ROAD GILROY,CA.95020 408- 842 -9181 JOYCE MASKELL JIM MAESTRI 408 - 846 -0244 Fee: Credits: Amount Due: Account Description Paid on Invoice # $0.00 $4,154.52 $1,933.20 $141.04 $248,872.00 $176,306.00 $55,068.00 $354,380.00 $1,359.09 $0.00 $0.00 Payment Bond Amount for Offsite Improvements Performance Bond Amount for Offsite Improvements $0.00 Special Public Works Sery $4,154.52 Engring Plan Check & Insp $1,933.20 $0.00 Storm Development Fee PAID ON PREVIOUS $141.04 Str Tree Development Fee DEFERED TO BUILDING PEF Traffic Impact Fee DEFERED TO BUILDING PEF Sewer Development Fee DEFERED TO BUILDING PEF Water Development Fee DEFERED TO BUILDING PEF Public Facility Impact Fee $1,359.09 Const Water Use Fee $0.00 Reimbursements $0.00 Other Reimbursements Total $5,654.65 $34,621 $34,621 COST SCHEDULE Fees Last Revised January 20, 2012 G ICOMDEV\ENGINEERING \FEES \Project Cost Schedules \GILROY SORBRATO APTS.9 -21 -12 9/28/2012 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: 344.0 0.0 0.0 0.0 Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: 0.0 0.0 0.0 0.0 SPECIAL PUBLIC WORKS SERVICES 100 - 2601 - 0000 -3625 Sq Ft: 0 0 0 0 0 0 Const Water Acres to be Developed: 1.790 Construction Water FF: 344.0 Maps: CITY OF GILROY FINAL ENGINEERING PUBLIC WORKS DEPARTMENT COST SCHEDULE TYPE: ENGINEERING DIVISION PLAN CHECK ? N COMPREHENSIVE FEE SCHEDULE PUBLIC FACILITY FEE ? ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO: Ell D DATE: 14- May -2012 NUMBER: 26 STUDIO APARTMENTS PROJECT LOCATION: GILROY SOBRATO APARTMENTS PARCEL NUMBER: 790 -07 -028 OWNER /DEVELOPER: SOUTH COUNTY HOUSING L.L.C. MAILING ADDRESS: 9389 MONTEREY ROAD GILROY,CA.95020 TELEPHONE NO: 408- 842 -9181 JOYCE MASKELL PREPARED BY: JIM MAESTRI 408 - 846 -0244 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: 344.0 0.0 0.0 0.0 Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: 0.0 0.0 0.0 0.0 SPECIAL PUBLIC WORKS SERVICES 100 - 2601 - 0000 -3625 Sq Ft: 0 0 0 0 0 0 Const Water Acres to be Developed: 1.790 Construction Water FF: 344.0 Maps: FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK ? N INCENTIVE AGREEMENT ONLY ? N PUBLIC FACILITY FEE ? N $0.00 TO PERMIT? Y TO FINAL? N (DEFER DEFER SEWER, WATER, TRAFFIC FEES ? $60.00 / lot TO PERMIT ? Y TO FINAL ? N 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: Residential -Low ? 0.000 0 0 Residential -High ? 1.790 1 26 Commercial -Low ? 0.000 0 Commercial -High ? 0.000 0 to be done at the beginning Industrial - General ? 0.000 0 sheet Industrial - Warehouse ? 0.000 0 Improvement Plans Assembly Hall? 0.000 0 Common Area? 0.000 Services) 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: 344.0 0.0 0.0 0.0 Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: 0.0 0.0 0.0 0.0 SPECIAL PUBLIC WORKS SERVICES 100 - 2601 - 0000 -3625 Sq Ft: 0 0 0 0 0 0 Const Water Acres to be Developed: 1.790 Construction Water FF: 344.0 Maps: Final Map $3,210.00 + $60.00 / lot N $0.00 Fee ID NO- FINALM Parcel Map $1,875.00 + $60.00 / lot N $0.00 Fee ID NO- PARCELM Re- assessment Map (Assessment District Parcels) $1,270.00 + $25.00 I lot N $0.00 Fee ID WASSESM Administration Fees: Scanning Fee (For Improvement Plans, multiply # of sheets by 2 - scanning to be done at the beginning and end of the project) 0 # of Sheets for Map and $9.00 I sheet Y $0.00 Fee ID NO -SCAN Improvement Plans (Cost Schedules, Agreements, RAN Reviews and Other Misc. Services) 0 hr Misc Services $180.00 / hr. Y $0.00 Fee ID N -MISC Special Staff Analysis 0 hr Special Analysis $470.00 I hr. N $0.00 COST SCHEDULE Fees Last Revised January 20, 2012 $0.00 G .2COMDEV\ENGINEERING \FEES \Project Cost Schedules \GILROY SORBRATO APTS.9 -21 -12 ENGINEERING PLAN CHECK & INSPECTION 100 - 2601- 0000 -3605 COST ESTIMATE $34,621.00 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK 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 $470.00 / hr. N $0.00 Fee ID NO- GRADINS Re- Inspection Fee 0 hr Re- Inspection $120.00 / hr. N $0.00 Fee ID NO- GRADINS Inspections outside of normal business hours 0 hr Inspection $430.00 + (Based on total cost of public right -of -way improvements) Estimated Cost of Public Improvements 12% $0 10% $100,000 8% over Payment Bond Amount for Offsite Improvements Performance Bond Amount for Offsite Improvements IMPACT FEES Storm Drain Impact Fee a.Residential -Low b.Residential -High c.Commercial d.lndustrial e.Assembly Hall Street Tree Fee a.City Planting and Replacement $3.06 I f.f. b.lnspection and Replacement $0.41 I f.f. Traffic Impact Fee a. Residential -Low b.Residential -High c.Commercial -Low Traffic (< 10.75 trips /1000 sf) d.Commercial -High Traffic ( >= 10.75 trips /1000 so e.l nd ustrial- Genera I f.I ndustrial- Warehouse $145.00 / hr. after 3hrs N $0.00 $688.00 I COST acre Y $ ACTUAL $1,080.00 / ESTIMATE acre Y $ COST $1,864.00 I $34,621 acre Y $ $0.00 $0 $100,000 Y $4,154.52 Y $0.00 $200,000 Y $0.00 Y $0.00 $200,000 Y $0.00 Y $0.00 $34,621 $34,621 x N 0.0 = $0.00 x Y 344.0 = $141.04 433 -2600- 0000 -3660 $11,809.00 / unit Y $0.00 $9,572.00 I unit Y $248,872.00 $13,065.00 / k.s.f. Y $0.00 $26,390.00 I k.s.f. Y $0.00 $5,178.00 I k.s.f. Y $0.00 $3,753.00 I k.s.f. Y $0.00 Fee ID NO- GRADINS 9/28/2012 $0.00 DIFFERENCE ($34,621.00) 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 $1,933.20 $141.04 Fee ID NO- TREEPLT Fee ID NO- TREEINS DEFERED TO BUILDING PERMIT Fee ID N1- TRAF -LD Fee ID N2- TRAF -HD Fee ID N3- TRAF -CL Fee ID N3- TRAF -CH Fee ID N4- TRAF -IG Fee ID N4- TRAF -IW COST SCHEDULE Fees Last Revised January 20, 2012 G- COMDEV\ENGINEERING \FEES \Project Cost Schedules \GILROY SORBRATO APTS.9 -21 -12 420 - 2600 - 0000 -3660 $688.00 I I a acre Y $ $0.00 $1,080.00 / / a acre Y $ $1,933.20 $1,864.00 I I a acre Y $ $0.00 $1,375.00 I I a acre Y $ $0.00 $688.00 I I a acre Y $ $0.00 432 -2600- 0000 -3660 Fee ID NO- GRADINS 9/28/2012 $0.00 DIFFERENCE ($34,621.00) 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 $1,933.20 $141.04 Fee ID NO- TREEPLT Fee ID NO- TREEINS DEFERED TO BUILDING PERMIT Fee ID N1- TRAF -LD Fee ID N2- TRAF -HD Fee ID N3- TRAF -CL Fee ID N3- TRAF -CH Fee ID N4- TRAF -IG Fee ID N4- TRAF -IW COST SCHEDULE Fees Last Revised January 20, 2012 G- COMDEV\ENGINEERING \FEES \Project Cost Schedules \GILROY SORBRATO APTS.9 -21 -12 Sewer Impact Fee 435 - 2600 - 0000 -3660 the front footage of the development. a.Residential -Low $12,531.00 I unit Y $0.00 b.Residential -High $6,781.00 / unit Y $176,306.00 c.Commercial /Industrial $3,966.00 / cgpd Y $0.00 Water Impact Fee Half Pipe Lineal Footage 436 -2600- 0000 -3660 6 inch Main $39.00 / LF x N 0.0 = $0.00 a.Residential -Low $5,236.00 / unit Y $0.00 b.Residential -High $2,118.00 / unit Y $55,068.00 c.Commercial /Industrial $8,208.00 / kgpd Y $0.00 Public Facilities Impact Fee 20 inch Main $76.00 I LF x N 0.0 = $0.00 440 -2600- 0000 -3660 24 inch Main $82.00 / LF x N 0.0 = $0.00 a.Residential -Low $16,200.00 / unit Y $0.00 b.Residential -High $13,630.00 / unit Y $354,380.00 c.Commercial $2,440.00 / k.s.f. Y $0.00 d.lndustrial $1,080.00 1 k.s.f. Y $0.00 Water User Fee (Construction) 720- 0433 - 0000 -3620 $3.00 I f.f. $1,032.00 plus $182.73 / a.c. $327.09 9/28/2012 DEFERED TO BUILDING PERMIT Fee ID N1 -SS -LD Fee ID N2 -SS -HD Fee ID NS- SS -C /I DEFERED TO BUILDING PERMIT Fee ID N1- WATR -LD Fee ID N2- WATR -HD Fee ID N5- WTR -C /I DEFERED TO BUILDING PERMIT Fee ID N1 -PF -LD Fee ID N2 -PF -HD Fee ID N3 -PF -C Fee ID N4 -PF -I Y $1,359.09 Fee ID NO- CONWTFF 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 developer's minimum responsibility for each main. Water 801- 2601 -PWDO -3899 Water Mains - including fire hydrants, valves, valve boxes and other pertinences. Developer responsibility is up to and including 12" mains Half Pipe Lineal Footage 6 inch Main $39.00 / LF x N 0.0 = $0.00 Fee ID N- WR06 -1/2 8 inch Main $41.00 I LF x N 0.0 = $0.00 Fee ID N- WR08 -1/2 10 inch Main $47.00 I LF x N 0.0 = $0.00 Fee ID N- WR10 -1/2 12 inch Main $52.00 I 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 I LF x N 0.0 = $0.00 Fee ID N- WR16 -1/2 18 inch Main $68.00 / LF x N 0.0 = $0.00 Fee ID N- WR18 -1/2 20 inch Main $76.00 I 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 I 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 $0.00 COST SCHEDULE Fees Last Revised January 20, 2012 G4COMDEV\ENGINEERING \FEES \Project Cost Schedules \GILROY SORBRATO APTS.9 -21 -12 Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Sewer 801- 2601 -P W DO -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- SS08 -1/2 10 inch Main $81.00 / LF x N 0.0 = $0.00 Fee ID N- SS10 -1/2 12 inch Main $83.00 / LF x N 0.0 = $0.00 Fee ID N- SS12 -1/2 15 inch Main $87.00 / LF x N 0.0 = $0.00 Fee ID N- SS15 -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 Sguare Footage AC /Bike path: base $2.55 / SF x N 0.0 = $0.00 Fee ID N- STR -ACB AC /Bike path: pvmt $2.50 / SF x N 0.0 = $0.00 Fee ID N- STR -ACP Sidewalk: new $9.75 I SF x N 0.0 = $0.00 Fee ID N- STR -S/W Sidewalk: replace $13.25 I SF x N 0.0 = $0.00 Fee ID N- STR -S/WR Resurfacing $2.55 / SF x N 0.0 = $0.00 Fee ID N- STR -RESU Landscaped Median $20.35 I 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 Signal -4 leg $158,500.00 I LS x N 0% = $0.00 Fee ID N- STR -TS4L Curb and Gutter Lineal Footage Curb /Gutter: new $25.85 I 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 N- STR -CR 9/28/2012 $0.00 $0.00 COST SCHEDULE Fees Last Revised January 20, 2012 GSCOMDEV\ENGINEERING \FEES \Project Cost Schedules \GILROY SORBRATO APTS.9 -21 -12 Front Foot 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. N 0.0 = $0.00 Half Pipe N 0.0 = 18 inch Main $63.00 1 LF x 21 inch Main $69.00 / LF x 24 inch Main $70.00 / LF x 27 inch Main $82.00 / LF x 30 inch Main $89.00 / LF x 33 inch Main $91.00 / LF x 36 inch Main $95.00 I LF x 42 inch Main $99.00 / LF x 48 inch Main $117.00 I LF x 54 inch Main $137.00 / LF x 60 inch Main $158.00 / LF x 66 inch Main $179.00 / LF x 72 inch Main $200.00 / LF x 78 inch Main $216.00 I LF x 84 inch Main $231.00 / LF x 90 inch Main $246.00 I LF x 96 inch Main $261.00 / LF x Lineal Footage N 0.0 = $0.00 Fee ID N- SD18 -1/2 N 0.0 = $0.00 Fee ID N- SD21 -1/2 N 0.0 = $0.00 Fee ID N- SD24 -1/2 N 0.0 = $0.00 Fee ID N- SD27 -1/2 N 0.0 = $0.00 Fee ID N- SD30 -1/2 N 0.0 = $0.00 Fee ID N- SD33 -1/2 N 0.0 = $0.00 Fee ID N- SD36 -1/2 N 0.0 = $0.00 Fee ID N- SD42 -1/2 N 0.0 = $0.00 Fee ID N- SD48 -1/2 N 0.0 = $0.00 Fee ID N- SD54 -1/2 N 0.0 = $0.00 Fee ID N- SD60 -1/2 N 0.0 = $0.00 Fee ID N- SD66 -1/2 N 0.0 = $0.00 Fee ID N- SD72 -1/2 N 0.0 = $0.00 Fee ID N- SD78 -1/2 N 0.0 = $0.00 Fee ID N- SD84 -1/2 N 0.0 = $0.00 Fee ID N- SD90 -1/2 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 Name: Date: 9/28/2012 $0.00 COST SCHEDULE Fees Last Revised January 20, 2012 GGCOMDEV\ENGINEERING \FEES \Project Cost Schedules \GILROY SORBRATO APTS.9 -21 -12 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 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) Oversized Minimum 12" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 15 inch Main $174.00 $1667 x 0.0 = $0.00 N 18 inch Main $186.00 $166.00 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 0.0 = $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) 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 $182.00 - $140.00 x 0.0 = $0.00 N 36 inch Main $189.00 $140.00 x 0.0 = $0.00 N 42 inch Main $197.00 $140.00 x 0.0 = $0.00 N 48 inch Main $233.00 $140.00 x 0.0 = $0.00 N 54 inch Main $273.00 $140.00 x 0.0 = $0.00 N 60 inch Main $315.00 $140.00 x 0.0 = $0.00 N 9/28/2012 $0.00 $0.00 $0.00 $0.00 COST SCHEDULE Fees Last Revised January 20, 2012 G7COMDEV\ENGINEERING \FEES \Project Cost Schedules \GILROY SORBRATO APTS.9 -21 -12 9/28/2012 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 0.0 = $0.00 N 72 inch Main $399.00 $140.00 x 0.0 = $0.00 N 78 inch Main $431.00 $140.00 x 0.0 = $0.00 N 84 inch Main $461.00 $140.00 x 0.0 = $0.00 N 90 inch Main $492.00 $140.00 x 0.0 = $0.00 N 96 inch Main $522.00 $140.00 x 0.0 = $0.00 N COST SCHEDULE Fees Last Revised January 20, 2012 GBCOMDEV\ENGINEERING \FEES \Project Cost Schedules \GILROY SORBRATO APTS.9 -21 -12 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of J 01am, On 0(',T . i Z Z before me, 0 Q. personally appeared *%e. Mq s4i-i la (Here insert name and Ale AI of the officer) IL 6 %r C. who proved to me on the basis of satisfactory evidence to be the personV whose name(g) is /arc subscribed to the within instrument and acknowledged to me that he /she /tom executed the same in his /kerlt4oir• authorized capacity(-i , and that by hi94ier/ signature(s1 on the instrument the person(4, or the entity upon behalf of which the personKacted, 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. s �wrrw+ � N� Commission # 1984086 hand fKyy ", Z Notary Public California It WITNESS my and official seal. n� Santa Clara County t Comm. Expires Jul 2, 2016 Signature ofNota Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT j2 (Tile or ileAription of attached docu nt) �D. ZOl 2 `O J Gi Irou ra40 AA (Title or description of attached document continued) Number of Pages Document Date ckh,b�?) Saws (Additional information CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corpora�te `Off cer 1JiCeTTl.SldcnfofGIroy T (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800 - 873 -9865 wNw,.NotarvCl asses. coin INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary. section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as rrray be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authori =ed capacity of the signe)). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines_ If seal impression smudges, re -seal if a sufficient area permits; otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity- claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of G►1 +o1 C [a ra CIVIL CODE § 1189 On OCAD�ef 5� before me, 5 6(V)j rA E - Q A VA , M Q+A r 4 Pt tt7 � f G, Date Here Insert Name and Title of t e Officer personally appeared --h o oA a S -� l - . t'I a Qty 1.1 Yl A Name(s) of Signer(s) SANDRA E. NAVA Commission #t 1908181 Notary Public - California 16 Santa Clua County My Comm. Expirress Nov 11, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person4,a'j whose nameo is /0 subscribed to the within instrument and acknowledged to me that he /og/tber executed the same in his /tyer /thdir authorized capacityW, and that by his /Wr/"ir signatureA on the instrument the personA, or the entity upon behalf of which the personJfa') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _, 6r e r 'Yuyn_ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 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