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PIA No. 2004-09 - Niles Development RECORDING REQUESTED BY: City of Gilroy DOCUMENT: 17922868 I III\\! III1 IIIII I'll IIIII III\\\~I \llllIII 1111\ 111\ \I~ Fees. . . Taxes Copies AMT PAID WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 BRENDA DAVIS _ SANTA CLARA COUNTY RECORDtR Recorded at the request of City Pages: 2\ 67.00 67.00 RDE *'* 011 7/28/2004 \0:49 AM (SP ACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No: 2004-09 Tract 9600 Kern Avenue Niles Development L.L.C. APN: 790-19-089 -1- 7/12/04 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. 2004-09 This agreement is made and entered into this 19th day of July, 2004 by and between the City of Gilroy, a municipal corporation, herein called the "City" and Niles Development, L.L.C. , 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 9600, APN: 790-19-089. 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 ha~ faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. -2- 7/12/04 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 ofthe 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 ofthe 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 ofthe 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 often 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- 7/12/04 The Payment Bond shall be in an amount not less than one hundred percent (100%) ofthe 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 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. That upon approval of the final map of the subdivision, the record of surveyor the buildiI!g 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% ofthe 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- 7/12/04 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- 7/12/04 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. The Fire Chief will determine location of the fire hydrants. 5. All work shall be coordinated so that the existing residents on Kern Avenue have access to their properties. 6. The Developer agrees to enter into an Agreement Regarding Condemnation of Off-Site Property ("Agreement") with the City for all condemnation action proceedings costs, including right-of-way acquisition costs, attorney fees, and other miscellaneous costs associated with the acquisition of lands required for reciprocal access associated with this map, specifically from Tract 9443. This Agreement shall be entered into as a condition precedent to the approval of the Final Map. Within twenty-one (21) days of the approval of the Final Map, Developer shall deposit with the City an initial cash deposit for the associated condemnation costs received if such reciprocal access easement as not been acquired. 7. The Developer shall provide to the City of Gilroy electronic files in a format acceptable to the City (DWG and TIP format) of the tract map and/or parcel map, improvement plans, and record drawings. -6- 7/12/04 SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $33,292.28 IN WITNESS WHEREOF, City has executed this agreement as of r L"-l-_l_/ ,.)../l -C C (\ y'. /) ") \ (~.1\- (\ l.{ if " ) i Rhonda Pellin CITY CLERK <--- --- ATTEST: ( .\..(. APPROVED AS TO FORM: b /l -/ 6/:-4 a.e~ CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agreement as OWNER: ------- NOTE: If Developer is a corporation, the complete legal name and corporate seal ofthe corporation and the corporate titles of the persons signing for the corporation shall appear above. -7- 7/12/04 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No. 2004-09, Tract 9600, Kern Avenue, Niles Development L.L.c. APN: 790-19-089 On July 21,2004, 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. WITNESS my hand and official seal. ~J- :2 / ./ " ,- I - L n cc'(c< : ~"~A:' Cc;, , Signature of Notary Public 1..-.----------- . RHONDA PEl.UN _ . -. Commiuion'1305815 J I ,Notary Public - CaItfomIa I ~ _ _ _ ~~;;1~u;~I per GC Sec. 40814; CC Sec. 1181 (Notary Seal) Property Improvement Agreement No. 2004-09 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) ~flU{ L (' '/'J o ' II I~, before me, ,) t.^-' L U r) S , p rsona ly appeared fJ l L I L ,)/10\....-S S ~....j I (l ~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mYlX:~Ciali: . Signatur~ ....... (/~. ~ per GC Sec. 40814; CC Sec. 1181 LISA EVANS , r. # 1490723 ::II C!A...... ~ORNIAG) """,,,.A ClARA COUNlY 0 COMM. EXP. MAY 22,200804 G:\COMDEV\ENG\MARIL YN\Agreements\lmprovement\RESIDENT 6/29/04doc -8- 7/12/04 ENCOMPASS NO DATE NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNERtDEVELOPER: MAILING ADDRESS: TELEPHONE NO PREPARED BY: Account No. 100-2601.??oo.3625 100-2ClO1..()()Q()..38Q5 410-2600-{)000-3660 420-28QO..OOOO..38l 4>>-2fIOO.OOOO-38ll 433-2600-{)000-3660 434-2600-{)OO0-3660 43fr.2600-{)000-3660 436-2600-{)000-3660 437 -2600-{)OO0-3660 438-2600-{)OO0-3660 439-2600-{)000-3660 7~ 801-2601-PWD-3899 801-2601-PWD-3899 Payment Bond Performance Bond COST SCHEDULE CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE ALL PARK, POLICE, FIRE, PUBLIC FACILITY, LIBRARY, SEWER, WATER & TRAFFIC FEES ARE DEFERED E1 Revised: Revision Number: 29-Jun-2004 CREDIT ONE EXISTING UNIT TRACT 9600 HACENDA DEL SOL II 790-19-089 NILES DEVELOMENT LLC 408-847-1381 JIM MAESTRI Key Code Fee: Credits: Amount Due: Account Description: Paid on Invoice # 4804 $6,295.65 $0.00 18.295.85" Special Public Works Serv 4702 $25,992.34 $000 $25,89234 Ejj'lgring Plan Check & Insp DEFERED TO 3302 $62,04000 $10,34000 BUILDING PERMIT Park Development Fee 4<<>>1 $555.00 $0.00 $6elS.OO #)torm Development Fee 3301 · $32.20 $0.00 $32,20fltr Tree Development Fee DEFERED TO 4905 $33,360.00 $5,56000 BUILDING PERMIT Traffic Impact Fee DEFERED TO 4402 $17,340.00 $2,89000 BUILDING PERMIT Police Development Fee DEFERED TO 4509 $42,54000 $7,090.00 BUILDING PERMIT Sewer Development Fee DEFERED TO 4510 $15,60000 $2,600.00 BUILDING PERMIT Water Development Fee DEFERED TO 4511 $7,44000 $1,24000 BUILDING PERMIT Fire Development Fee DEFERED TO 4512 $18,60000 $3,10000 BUILDING PERMIT Public Facility Impact Fee DEFERED TO 4514 $10,86000 $1;81000 BUILDING PERMIT Library Impact Fee 2202 $417.09 $000 $417.09 tonsl Water Use Fee 4703 $0.00 $000 $000 Reimbursements 4703 $0.00 $000 $0.00 Other Reimbursements Total $33,292.28 $227,558 $227,558 (1) Fees Last Revised Sept 02 TRACT 9600 HACENDA DEL SOL " CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE ALL PARK, POLICE, FIRE, PUBLIC FACILITY, LIBRARY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNERIOEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: E1 I 01 29-Jun-2004 CREDIT ONE EXISTING UNIT TRACT 9600 HACENDA DEL SOL II 790-19-089 NILES DEVELOMENT LLC 408-847-1381 JIM MAESTRI COST SCHEDULE TYPE: PRELIMINARY ESTIMATE? N FINAL FEES? Y IDEFER PARK, POLICE. FIRE, PUBLIC FACILITY & LIBRARY FEES? DEFER SEWER. WATER. TRAFFIC FEES? NOTE: This Final Cost Schedule has been adjusted to the rates currently in effect. INCENTIVE AGREEMENT FEES ONLY? N TO PERMIT? Y TO FINAL? N - - TO PERMIT? Y TO FINAL? N Site Information: Gross Acres: Lots: Units: SqFt: Residential-Low? 1.000 6 6 Residential-High? 0,000 0 0 Commercial-Low? 0.000 0 0 Commercial-High? 0.000 0 CREDIT EXISTING UNIT 0 Industrial-General ? 0.000 0 0 Industrial-Warehouse? 0.000 0 0 Assembly Hall? 0.000 0 0 Common Area? 0.000 0 Commercial/Industrial Allocations: Sewer GPO: o Water GPO: o Reimbursements and credits: N Country Estates Water System? N Country Estates Sewer System? N Southeast Quadrant Hydrology Study? N Obata Industrial Park Credit? Front Footage/Square Footage Charges and Construction Water: Street Tree FF: Water FF: 90.2 0.0 Pavement SF: Median SF: 00 0.0 Sewer FF: 0,0 Sidewalk SF: 0.0 Storm FF: 0.0 Curb/Gutter FF: 0.0 Const Water Acres to be Developed: 1000 Construction WaterFF: 90.2 Special Public Works Services 100-2601-0000-3625 $6.295.65 Maps: Final Map $3,85000 + $60.00 / lot Y $4.210.00 Fee 10 N-FINALM N $000 Fee 10 N-PARCELM N $0.00 Fee 10 N-ASSESM Y $0.00 Fee 10 N-WR-RESAD Y $0.00 Fee 10 N-SS-RESAD or N-SS-C/IAD Y $0.00 Fee 10 N-SD-QUADA Parcel Map $1,620.00 + $40.00 / lot Re-assessment Map (Assessment District Parcels) $2.240.00 + $25.00 / lot Administration Fees: Country Estates Water System (Not Included) Country Estates Sewer Trunk Main (Not Included) Southeast Quadrant Hydrology Study (Not Included) COST SCHEDULE (2) Fees Last Revised Sept 02 TRACT 9600 HACENDA DEL SOL II Miscellaneous Engineering Services: (Cost Schedules, Agreements, RfIN Reviews and Other Misc. Services) 35 hr Misc Services $59.59 I hr. y $2.08565 Fee ID N-MISC or N-MISCF Engring Plan Check and Inspection (Based on total cost r:i public right-<lf-way improvements) 100-260 1-D000-3605 $25,992.34 -12. hr Site grading and reinspection charges $59.59 I hr. y $1,78770 Fee ID N-GRAOINSP or N-GRADINSF Estimated Cost of Public Improvements $227,558 Fee 10 N-PLANCK or N-PLANCKF 12% $0 $100,000 y $12,000.00 10% $100,000 $200,000 y $10,000.00 8% over $200,000 y $2,20464 Payment Bond Amount for Offsite ImprOl/ements Performance Bond Amount for Offsite Improvements $227,558 $227,558 Impact Fees: Park Impact Fee 410-2600-D000-3660 DEFEREO TO BUILDING PERMIT a.Residential-Low $10,34000 I unit y $62,040.00 Fee ID N-PARK-DLD b.Residential-High $7,380.00 I unit y $0.00 Fee ID N-PARK-DHD Storm Drain Impact Fee 420-2600-D000-3660 $55500 a.Residential-Low $555.00 I acre Y $555.00 Fee ID N-SO,RLD b.Residential-High $83300 I acre Y $0.00 Fee ID N-SO-RHD c.Commercial $1,11000 I acre Y $0.00 Fee ID N-SO-COM d.lndustrial $1,249.00 I acre Y $0.00 Fee 10 N-SO-INO e.Assembly Hall $555.00 I acre Y $0.00 Fee ID N-SO-AH Obata Industrial Park Credits (Based on reimbursements due from oversized storm facilities) Obata Fee Credit $1,17000 I acre Y $0.00 Fee 10 N-SO-OBATA COST SCHEDULE (3) Fees Last Revised Sept 02 TRACT 9600 HACENOA DEL SOL II Impact Fees: Street Tree Fee 432-2600-D000-3660 $3220 a.City Planting and Replacement $2.56 / If. x Front Footage N 00 $000 Fee 10 N-TREEPLNT b.lnspection and Replacement $0.36 / If. x y 90.2 $3220 Fee ID N-TREEINSP Traffic Impact Fee 433-2600-D000-3660 DEFEREO TO BUILDING PERMIT a Residential-Low $5,560.00 / unit y $33,360.00 Fee 10 N-TRAF-DLD b.Residential-High $4,510.00 / unit y $0.00 Fee ID N-TRAF-DHD c.Commercial-Low Traffic (<= 4 trips/1 000 sf) $6,150.00 / k.s.f. y $0.00 Fee ID N-TRAF-CL T dCommercial-High Traffic (> 4 trips/1000 sf) $12,430.00 / k.s.f. y $0.00 Fee ID N-TRAF-CHT e .Industrial-General $2,40000 / ks.f. y $0.00 Fee ID N-TRAF-IG I. Industrial-Warehouse $1,77000 / k.s.f. y $0.00 Fee ID N-TRAF-IW Police Impact Fee 434,2600-D000-3660 OEFERED TO BUILDING PERMIT a. Residential-Low $2,89000 / unit y $17,340.00 Fee 10 N-POLC-OLO b.Residential-High $4,690.00 / unit y $000 Fee 10 N-POLC-OHO c.Commercial $2,680.00 / ks.f y $0.00 Fee 10 N-POLC-COM d.lndustrial $120.00 / ks.f. y $0.00 Fee 10 N-POLC-INO COST SCHEDULE (4) Fees Last Revised Sept 02 TRACT 9600 HACENOA DEL SOL " Impact Fees: Sewer Impact Fee 435-2600-D000-3660 a.Residential-Low $7,090.00 / unit b. Residential-High $5,070.00 / unit c.Commercial/lndustrial $2,270.00 / cgpd Country Estates Sewer Trunk Main (Not Included) Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531.00 / acre Water Impact Fee 436-2600-D000-3660 a.Residential-Low $2,600.00 / unit b.Residential-High $1,860.00 / unit c.Commercial/lndustrial $3,950.00 / kgpd Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154.00 / acre Fire Impact Fee 437 -2600-D000-3660 $1,24000 / unit y $1,790.00 / unit y $690.00 / k.sJ. y $140.00 / k.s.f. y 438-2600-D000-3660 $3,100.00 / unit y $60000 / unit y $850.00 / k.sJ. Y $600.00 / k.s.f y a.Residential-Low b. Residential-H igh c.Commercial d.lndustrial Public Facilities Impact Fee a.Residential-Low b.Residenlial-High c.Commercial d.lndustrial Library Impact Fee 439-2600-D000-3660 a. Residential-Low $1,810.00 / unit b.Residential-High $1,29000 unit Water User Fee (Construction) 720-0433-D000-3620 $2.76 / U + $166.14 / a.c. COST SCHEDULE (5) Fees Last Revised Sept 02 DEFERED TO BUILDING PERMIT. y $42.54000 Fee 10 N-SS-DLD y $0.00 Fee 10 N-SS-DHD 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 DEFERED TO BUILDING PERMIT y $15,60000 Fee 10 N-WATR-DLD y $0.00 Fee 10 N-WATR-OHD y $0.00 Fee 10 N,WATR-C/I y $0.00 Fee 10 N-WR-OBATA DEFERED TO BUILDING PERMIT $7,44000 Fee 10 N-FIRE-DLD $0.00 Fee 10 N-FIRE-DHD $0.00 Fee 10 N-FIRE-COM $000 Fee 10 N-FIRE-IND DEFERED TO BUILDING PERMIT $18,600.00 Fee 10 N-PF-DLD $000 Fee 10 N-PF-DHO $0.00 Fee 10 N-PF-COM $0.00 Fee 10 N-PF-IND DEFERED TO BUILDING PERMIT $10,86000 Fee 10 N-L1B-DLD $0.00 Fee 10 N-L1B-DHD y $417.09 Fee 10 N-CONWATFF and N-CONWATAC y y TRACT 9600 HACENDA DEL SOL II Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) Water 801-2601-PWD-3899 $000 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 $14.00 If.f.x N 0.0 = $0.00 Fee 10 N-WR06-112 8 inch Main $15.00 If.f.x N 0.0 = $0.00 Fee 10 N,WR08-112 10 inch Main $16.50 If.f.x N 0.0 = $0.00 Fee 10 N-WR1 0-1 12 12 inch Main $18.50 I fJ. x N 0.0 = $0.00 Fee 10 N-WR12-112 14 inch Main $20.50 If.f.x N 0.0 = $0.00 Fee 10 N-WR14-112 16 inch Main $2350 I f.f. x N 0.0 = $0.00 Fee 10 N-WR16-112 18 inch Main $27.00 If.f.x N 0.0 = $0.00 Fee 10 N-WR18-112 24 inch Main $34.50 If.f.x N 0.0 = $0.00 Fee 10 N-WR24-112 30 inch Main $40.50 If.f.x N 0.0 = $0.00 Fee 10 N-WR30-112 36 inch Main $4750 If.f.x N 0.0 = $0.00 Fee 10 N-WR36-112 Country Estates Water System y $000 Fee 10 N-WR-RESCE (Not Included) Sewer 801-2601-PWD-3899 $0.00 Sewer Mains, including manhole: (Developer is responsible for up to aild including 12" mains) Half Pipe Front Footage 6 inch Main $13.50 If.f.x N 0.0 = $0.00 Fee 10 N-SS06-1/2 8 inch Main $14.00 I f.f x N 0.0 = $0.00 Fee 10 N-SS08-1/2 10 inch Main $15.50 If.f.x N 0.0 $0.00 Fee 10 N-SS1 0-1 12 12 inch Main $17.00 If.f.x N 0.0 = $000 Fee 10 N-SS12-1/2 15 inch Main $21.00 If.f.x N 0.0 = $0.00 Fee 10 N-SS15-1/2 18 inch Main $26.00 If.f.x N 0.0 = $0.00 Fee 10 N-SS18-1/2 21 inch Main $31.00 I f.f x N 0.0 = $0.00 Fee 10 N-SS21-1/2 24 inch Main $36.00 I fJ. x N 0.0 = $0.00 Fee 10 N-SS24-1/2 27 inch Main $40.00 If.f.x N 0.0 = $0.00 Fee 10 N-SS27 -1/2 Country Estates Sewer Trunk Main (Not Included) y $000 Fee 10 N-SS-RESNH and N-8S-RESCE or Fee 10 N-SS-C/INH and N-8S-C/ICE COST SCHEDULE (6) Fees last Revised Sept 02 TRACT 9600 HACENOA DEL SOL II Front Foot Charges: Street Improvements 801-2601-PWD-3899 $000 Pavement, Sidewalks & Medians Square Footage AC/Bike path: base $3.60 I sJ. x N 00 $000 Fee 10 N-STR-ACB AC/Bike path: pvmt $1.50 I s.t. x N 0.0 = $000 Fee 10 N-STR-ACP Sidewalk: new $1030 I sJ. x N 0.0 = $0.00 Fee 10 N-STR-SIW Sidewalk: replace $14.40 I sJ. x N 0.0 $000 Fee 10 N-STR-SiWR Resurfacing $3.60 I sJ. x N 0.0 = $0.00 Fee 10 N-STR-RESU Landscaped Median $5.20 I sJ. x N 0.0 = $0.00 Fee 10 N-STR-LANM Hardscaped Median $6.70 I sJ. x N 00 $000 Fee 10 N-STR-HARO Traffic Signals (equipment only) % of Lump Sum Traffic Signal-3 leg $103,000.00 I Is. x N 0% $0.00 Fee 10 N-STR-TS3L Traffic Signal-4 leg $133,900.00 I Is. x N 0% $0.00 Fee 10 N-STR-TS4L Curb and Gutter Front Footage Curb/Gutter: new $10.30 lUx N 0.0 $0.00 Fee 10 N-STR-C/G C urb/G utter: replace $36.10 lUx N 0.0 = $000 Fee 10 N-STR-C/GR Storm Drain 801-2601-PWO-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 $21.50 lUx N 0.0 = $000 Fee 10 N-S018-112 21 inch Main $24.00 I f.f. x N 00 $000 Fee 10 N-S021-112 24 inch Main $25.50 lUx N 0.0 = $0.00 Fee 10 N-S024-112 27 inch Main $27.00 lUx N 0.0 $0.00 Fee 10 N-S027-112 30 inch Main $29.00 lUx N 0,0 $000 Fee 10 N-S030-112 33 inch Main $3050 lUx N 0.0 = $0.00 Fee 10 N-S033-112 36 inch Main $32.00 I f.f. x N 00 $0.00 Fee 10 N-S036-112 42 inch Main $3600 lUx N 0.0 = $0.00 Fee 10 N-SD42-112 48 inch Main $39.50 lUx N 0.0 = $000 Fee 10 N-S048-112 54 inch Main $42.50 lUx N 0.0 = $000 Fee 10 N-S054-112 60 inch Main $46.50 lUx N 0.0 = $0.00 Fee 10 N-S060-112 COST SCHEOULE (7) Fees Last Revised Sept 02 TRACT 9600 HACENOA OEL SOL II ~.o-"',........~ . . .JijtT t/t~~l Fran! Fool Charges: 66 Inch Milln $~.OO I fJ,)( III 1l! Inch Milin $53,00 I U,)( N 78 inl:h Main $56.50 I r,r, x N 84 Inch MaIn $60,00 I U. x N 110 Inch Main $63,00 I rJ, x N 96 Inch Main S66,50 I (.I,x N SOUtheasl Quadrant Hydrnl~ Slu~ (No/Included) O,Q= $0,00 Fee 10 N-S066-112 O,p = $0,00 Fae 10 N-S072-112 0.0 = SO.OO Fee 10 N-SD76-1Iii! 0,0 " $0,00 Fee 10 N-SD84-112 0.0 = 50,00 Fee 10 N-$OSo-112 0,0 = 50,00 Fee 10 ~-SOSQ..1~ Y $0,00 Fee 10 N-SD-QUAC NOTe; /loll defen1!d and/or UlImaled feea will be i1djusted 10 ltle ralee In effect 81 mil lime Si.llldlng Parmls i1rB iSsued, The undersigned agl1llUlto proVide ll.elual conalruclicn costs for recalCUlation ri fees and pay any undel1lstimaled fees prior to final acceptance, ,rthe recalcUlated fees a~ lese than the e&tirn.!lIfl, l!'le CIly of Gilroy willlllflJ'ld the dlfferell:e. Sire grading i1nd reinspecnorl chsrge& including relnspectlon 01 backyard drallnage will be blUed allha E""_,,, ""......... ~,." -.. ". "me"'~,.,,~. _.... "', ) ~~ 1.. \~~O~ Dale: COST SCHEDULE (8) Fees Last Revised Sept 02 TRACT 9600 HACENCA DEL SOL 11 Tnn fD1 WWl'1VSSnW 'd'N tgC1Ltg got YVd SS:Ol a~Oit11LO 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 Oversized Minimum 12" main Oversized Full Pipe $Ifoot Full Pipe $Ifoot Oversized Footage Reimbursement 14 inch Main $41.00 - $37.00 X 0.0 = $0.00 N 16 inch Main $47.00 - $37.00 X 0.0 = $000 N 18 inch Main $5400 - $37.00 X 0.0 = $0.00 N 24 inch Main $69.00 - $37.00 X 0.0 = $0.00 N 30 inch Main $81.00 - $3700 X 0.0 = $0.00 N $37.00 1ft) $0.00 36 inch Main $95.00 - $37.00 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 $Ifoot Full Pipe $Ifoot Oversized Footage Reimbursement 15 inch Main $4200 - $34.00 X 00 = $0.00 N $34.00 1ft) $0.00 18 inch Main $52.00 - $34.00 X 0.0 = $0.00 N 21 inch Main $62.00 - $34.00 X 0.0 = $0.00 N 24 inch Main $72. 00 - $34 00 X 0.0 = $0.00 N 27 inch Main $80.00 - $3400 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 $Ifoct Full Pipe $Ifoct Oversized Footage Reimbursement 27 inch Main $54.00 - $51.00 X 0.0 $0.00 N $25.50 1ft) $0.00 30 inch Main $58.00 - $5100 X 00 $0.00 N 33 inch Main $61.00 - $5100 X 0.0 = $0.00 N 36 inch Main $6400 - $51.00 X 0.0 $0.00 N 42 inch Main $72.00 - $51.00 X 00 $0.00 N 48 inch Main $79.00 - $51.00 X 00 $0.00 N 54 inch Main $85.00 - $5100 X 0.0 = $0.00 N 60 inch Main $93.00 - $51.00 X 0.0 $0.00 N 66 inch Main $100.00 ' $5100 X 0.0 = $0.00 N 72 inch Main $106.00 - $51.00 X 00 = $0.00 N 78 inch Main $113.00 - $51.00 X 0.0 = $0.00 N 84 inch Main $12000 - $51.00 X 0.0 = $0.00 N 90 inch Main $126.00 - $5100 X 0.0 = $000 N 96 inch Main $133.00 - $5100 X 0.0 = $0.00 N PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (1) Fees Last Revised Sept 02 TRACT 9600 HACENDA DEL SOL II COUNTRY ESTATES SEWER TRUNK MAIN REIMBURSEMENT ENCOMPASS NO E 1 1010000000 I DATE: NUMBER: YY-NN CITY OF GILROY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION PROJECT LOCATION: PARCEL NUMBER: OWNERiOEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: Sewer Reimbursement Schedule Developer NOB HILL COUNTRY ESTATES CITY OF GILROY Subtotal Reimbursement % of Total Share Amount Unill1000PD $335,633.19 29835% 418.5 133.3 $630,548.99 56.050% 786.2 250.4 $158,78800 14.115% 1980 63.1 $1,124,970.18 100.000% 1,402.7 446.7 $11,249.70 $14.03 $4.47 $1,136,219.88 $1,416.74 $451.19 City Administration Fee 1 % of subtotal Total Original Residential Connection Fee: (802 Remaining Connections) $1,136,21988 802 = $1,41673 / Unit Current Residential Connection Fee adjusted by construction cost index: $1,627.20 / Unit Original Commercial/Industrial Connection Fee: $1,416.74 3.14 $451.19 / 100 GPD Commercial/Industrial Connection Fee adjusted by construction cost index: $51822 / 100 GPD II. Distribution of Sewer Fees Developer NOB HILL COUNTRY ESTATES CITY OF GILROY ADMINISTRATION TOTAL Amount $2,883.72 $5,417.55 $1,364.30 $9763 $9,763.20 Account 801-2601-PWD-3899 Fee ID N-SS-RESNH or Fee ID N-SS-C/INH 801-2601-PWD-3899 Fee ID N-SS-RESCE 01 Fee ID N-SS,C/ICE 435-2600-0000-3660 Fee ID N-SS-RESCG 01 Fee ID N-SS-C/ICG 100-2601-0000-3625 Fee ID N-SS-RESAD 01 Fee ID N-SS-C/IAD COUNTRY ESTATES SEWER (1) Fees Last Revised Sept 02 TRACT 9600 HACENDA DEL SOL II COUNTRY ESTATES WATER SYSTEM REIMBURSEMENT ENCOMPASS NO: E 1 '010000000 DATE: ~ NUMBER: YY-NN CITY OF GILROY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION PROJECT LOCATION: PARCEL NUMBER: OWNERiOEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: I. Water Reimbursement Schedule Developer COUNTRY ESTATES Reimbursement $1,601,246.02 % of Total 100.00% Subtotal $1,601,246.02 100.00% City Administration Fee 1 % of subtotal Total $16,012.46 $1,617,258.48 Original Residential Connection Fee: (800-371=429 Remaining Connections) $1,617,258.48 429 = $3,769.83 / Unit Current Residential Connection Fee adjusted by construction cost index: $4,32990 / Unit II. Distribution of Water Fees Developer COUNTRY ESTATES ADMINISTRATiON TOTAL Amount $25,719.61 $259.79 $25.979.40 Account 801-2601-PWD-3899 Fee 10 N-WR-RESCE 100-2601-D000-3625 Fee 10 N-WR-RESAD COUNTRY ESTATES WATER (1) Fees Last Revised Sept 02 TRACT 9600 HACENDA DEL SOL II ...~ , IJ o~ ,( , " , o - no_'- VICINITY SITE MAP Tract 9600, Kern Avenue Hacienda Del Sol Phase II APN No. 790-19-089 Niles Development LL.C. Exhibit A