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PIA No. 2004-22 - Old Orchard Company DOCUMENT: RECORDING REQUESTED BY: City of Gilroy 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 City Fees. Taxes. Copies. AMT PAID Pages: 1 8 58.00 58.00 RDE ** 010 12/08/2004 10:06 AM (SPACE ABOVE TillS LINE FOR RECORDER'S USE) Property Improvement Agreement No: 2004-22 Tract 9599 - Benassi Oaks APN: 808-01-012,015,808-02-033 The Old Orchard Company, A California Corporation -1- 11/8/04 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. 2004-22 This agreement is made and entered into this 15' Iday of November, 2004, by and between the City of Gilroy, a municipal corporation herein called the "City" and The Old Orchard Company, A California Corporation_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 9599, Benassi Oaks, APN: 808-01-012,015, 808- 02-033. WHEREAS, the Developer requires certain utilities and public works facilities in order to service the property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this agreement and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter 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 -2- 11/8/04 limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. 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 -3- 11/8/04 performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in the amount of ten percent (10%) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one-year maintenance period. The Payment Bond shall be in an amount not less than one hundred percent (1000,10) 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 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 ofits 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: (l)a current printout from California Department of Insurance' s web site ( 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. -4- 11/8/04 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 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 -5- 11/8/04 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. -6- 11/8/04 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. Location of the fire hydrants will be determined by the Fire Chief. 5) All work shall be coordinated so that the existing residents have access to their properties. 6) The Developer shall provide to the City of Gilroy electronic files in a format acceptable to the City (DWG and TIF format) of the tract map and/or parcel map, improvement plans, and record drawings. 7) Prior to starting any construction between October 15th and April 15th, an interim working erosion control plan shall be submitted and conditionally approved by the City. 8) Street improvements on First Street shall be the responsibility of the owner of Parcel 4. Street improvements shall include street, curb, gutter, sidewalk, storm drain, and undergrounding of the overhead utilities and any other improvements required by the subdivision and of the City of Gilroy. The timing of said improvements shall be determined by the following: a) At such time that Parcel 4 is developed, the exact timing shall be at the discretion of the City Engineer, b) When the parcel at the southeast comer of Santa Teresa and First Street (APN 808-01-005) is developed, the City Engineer shall determine whether or not the Parcel 4 frontage improvements shall be installed concurrently with those installed on the comer parcel. If the City Engineer determines that the entire First Street -7- 11/8/04 frontage should be improved, the owner of Parcel 4 shall have the option of constructing the Parcel 4 First Street frontage improvements or, alternatively, elect to have the City of Gilroy use TIP funds to construct the Parcel 4 frontage improvements. If the TIP funds are used, the owner of Parcel 4 shall be responsible for full reimbursement of its pro rata share of the Parcel 4 frontage improvements at the time Parcel 4 develops, The above improvements shall be subject to the following additional condition. The house that is shown in the right-of-way dedication on First Street shall be allowed to remain until the death of Annina Benassi or when Mrs. Benassi elects to vacate the premises. At a reasonable time following her death, as determined by the City Engineer, the owner of the property shall demolish all portions of the house within the right-of-way and within the required set backs. Complete demolition may be required at the discretion of the City, If APN 008-01-005 develops prior to the death of Annina Benassi, the developer shall be required to build street improvements up to the structure of the house and once the house is demolished the developer shall be required to remove and reinstall the improvements around the house to the satisfaction of the City Engineer. All design, demolition, construction and inspection costs shall be solely borne by the owner of parcel 4. 9, The offer for dedication on First Street shall be an irrevocable offer of dedication and shall follow the right-of-way line shown on the tentative map. 10. An on-site detention facility is required for the next phase of development and is subject to the approval of the SCVWD and the City of Gilroy and shall be required for any further development. This detention facility may be required to detain storm water for this development. 11. Any perimeter fencing abutting existing fencing shall require removal of the existing . fencing. -8- 11/8/04 SECTION 9 That the attached Development Cost Schedule No: 2004-22 enumerates all fees and their extensions, TOTAL AMOUNT DUE CITY $83.177.97. IN WITNESS WHEREOF, City has executed this agreement as of I...kue1~Y /~ ,lOe> 'I ( ATTEST: .i)~' . ) ~~ \:u j L(,-~' Rhodda Pellin CITY CLERK STRATOR APPROVED AS TO FORM: cY~tf.~ CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agreement as of OWNERS The d Orchard Company A California Corporation By: Cliff R. Johnson -9- 11/8/04 STATE OF CALIFORNIA ) )ss, COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No: 2004-22, Tract 9599- Benassi Oaks, APN: 808-01-012,015, 808-02-033, The Old Orchard Company, A California Corporation On November 16, 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. . WIQrY hand and ~jW sew. ~tt;A-~' " Signature of Notary Public J-- - - - -. .'" '.' . ~ _,_::~~ ..-. .A"Jt ....... .. '/~. ... f\HONCA PEWN J - ..._1' Ccr.nmissiont1305a15 ,. Notary Public - CaJifomie I Santa Clara CotJnty - 1IyCamm. Expires.Art 19, 2D05 per GC Sec. 40814; CC Sec, 1181 (Notary Seal) 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. Property Improvement Agreement No, 2004-22 STATE OF CALIFORNIA ) )ss, COUNTY OF SANTA CLARA ) On / (- ?-,( before me, 0: / ( h1 J I) /, n J, r--- personally appeared C /.. .p Ft.. \j) J,,, .s - ~ 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 hislher/their authorized capacity(ies), and that by hislherltheir signature( s) on the instrument the person( s) or the entity upon behalf of which the person( s) acted, executed the instrument. #1343.2g2 ':\IO~ [,FY ~U8UCaC,L\UF()kNl~ SNNTf\ eLF,HI (.;O\JNT'" My Com,;;;, '=/.pires ,IIwn:.:h t3\ :l(~\~i; -10- 11/8/04 11/3/2004 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 OWNER/DEVELOPER MAILING ADDRESS TELEPHONE NO: PREPARED BY: Account No. Key Code E1 I....:.:....... :::: ::::::..::::::1 . ..:.:::) ................................. 4--0ct+2004.....>:.:::: 'rtIAPt~~ijE:NASSI OAKS Revised: Revision Number: ORPl-lABPVAt.LEY $mH)'..Q1~;()15' 808-02-033 .................."... 408f.8424900' JM.~$tal" Paid on Invoice # 1 00-2601 -0000-3625 $1,805.00 1 00-2601-0000-3605 41 0-2600-0000-3660 420-2600-0000-3660 432-2600-0000-3660 433-2600-0000-3660 434-2600-0000-3660 435-2600-0000-3660 436-2600-0000-3660 437-2600-0000-3660 438-2600-0000-3660 439-2600-0000-3660 720-0433-0000-3620 801-2601-PWDO-3899 801.2601-PWDO-3899 Payment Bond Performance Bond COST SCHEDULE 4904 4702 3302 4501 3301 4905 4402 4509 4510 4511 4512 4514 2202 4703 4703 $75,768.12 $177,12000 $2,915.50 $24062 $108,240.00 $112,560.00 $121,680.00 $44,640.00 $42,960.00 $14,400.00 $30,960.00 $2,448 73 $000 $792,159 $792,159 Fee: Credits: Amount Due: Account Description: $1,80500 Special Public Works Serv $75,768.12 Engring Plan Check & Insp DEFERED TO BUILDING PERMIT Park Development Fee $2,915.50 Storm Development Fee $240.62 StrTree Development Fee DEFERED TO BUILDING PERMIT Traffic Impact Fee DEFERED TO BUILDING PERMIT Police Development Fee DEFERED TO BUILDING PERMIT Sewer Development Fee DEFERED TO BUILDING PERMIT Water Development Fee DEFERED TO BUILDING PERMIT Fire Development Fee DEFERED TO BUILDING PERMIT Public Facility Impact Fee DEFERED TO BUILDING PERMIT Library Impact Fee $2,448.73 Const Water Use Fee $000 Reimbursements $000 Other Reimbursements Total $83,177.97 Fees Last Revised July 2004 (1) TRACT 9599 BENASSI OAKS Miscellaneous Engineering Services: (Cost Schedules, Agreemen1s, RMI Reviews and Other Misc. Services) Misc Services $106.59 / hr. Engring Plan Check and Inspection (Based on total?<lS1 of public right-of-way improvements) <$Qhr Site grading and $106.59 reinspect ion charges 100-2601-0000-3605 / hr. Estimated Cost of Public Improvements 12% $0 . . ...........................-.-.-. .'.$70i:<;1SS.: $100,OOOY 10% $100,000 $200,000 8% $200,000 over Payment Bond Amount for Offsi1e Improvements Performance Bond Amount for Offsite Improvements I mpact Fees: Park Impact Fee ....... .-.-.................,... ...............$.7. 9".1."9.. -:-:-:-:::::::-::::::::::::::::. :'.:.:':~):,:~.:.:::: . '$ffi~ll~~ 410-2600-0000-3660 a.Residential-Low $10,34000 / unit b. Residenfial-High $7,380.00 / unit Storm Drain Impact Fee 420-2600-0000-3660 a. Residential-Low $555 00 / acre b. Residential-High $833 00 / acre c. Commercial $1,11000 / acre d.lndustrial $1,24900 / acre e.Assembly Hall $555.00 / acre Obata Indus1rial Park Credits (Based on reimbursements due from oversized storm facilifies) Obata Fee Credit $1,17000 / acre Street Tree Fee 432.2600-0000-3660 Front Foo1age a.City Planting and Replacement $256 / f.f. x b.lnspection and Replacement $036 / U. x Traffic Impact Fee 433-2600-0000-3660 a. Residential-Low $5,560.00 / unit '! $4,510.00 / unit .y: $6,15000 / k.s.f. y $12.43000 ksf '{ $2.40000 k.s.f. 'y $1,770.00 k.s.f. Y (3) b. Residential-High c.Commercial-Low Traffic (<= 4 trips/1000 sf) d.Commercial-High Traffic (> 4 trips/1 000 sf) e.lndustrial-General f.lndustrial-Warehouse COST SCHEDULE Fees Last Revised July 2004 N Y y .y: y '1 '1: y y '1 '{ yo 11/3/2004 $000 Fee ID N-MISC $75,76812 $6,39540 Fee ID NO-GRADINS Fee ID NO-PLANCHK $12,00000 $10,000.00 $47,372.72 DEFERED TO BUILDING PERMIT $000 Fee ID N1-PARK-LD $177,12000 Fee ID N2-PARK-HD $2,915.50 $000 Fee ID NO-SD-LD $2,915.50 Fee ID NO-SD-HD $000 Fee ID NO-SD-C $000 Fee ID NO-SD-I $000 Fee ID NO-SD-AH $000 Fee ID N-SD-OBATA $24062 $0.00 Fee ID NO-TREEPLT $24062 Fee ID NO-TREEINS DEFERED TO BUILDING PERMIT $000 Fee ID N1-TRAF-LD $108,240.00 Fee ID N2-TRAF-HD $0.00 Fee ID N3-TRAF-CL $000 Fee ID N3-TRAF-CH $0.00 Fee ID N4-TRAF-IG $0.00 Fee ID N4-TRAF-IW TRACT 9599 BENASSI OAKS Police Impact Fee 434-2600-0000-3660 a. Residential-Low $2,890.00 / unit "'( $4,69000 / unit ''I' $2,680.00 / k.s.f. if' $12000 / k.s.f. y b. Residential-High c.Commercial d.lndustrial Sewer Impact Fee 435-2600-0000-3660 a. Residential-Low $7,090.00 / unit b.Residential-High $5,070.00 / unit c.Commercial/lndustrial $2,270.00 / cgpd Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531.00 / acre Water Impact Fee 436-2600-0000-3660 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 437-2600-0000-3660 a. Residential-Low $1,240.00 unit Y $1 ,790.00 unit yo $690.00 / k.s.f. X $14000 / k.s.f. X b. Residential-High c. Commercial d.lndustrial Public Facilities Impact Fee 438-2600-0000-3660 a. Residential-Low $3,100.00 / unit yo $600 00 / unit Y $85000 / ksf. yo $600.00 / kS.f. Y b Residential-High c.Commercial d.lndustrial Library Impact Fee 439-2600-0000-3660 a.Residential-Low $1,810.00 / unit b. Residential-High $1,290.00 / unit Water User Fee (Construction) 720-0433-0000-3620 + $16814 / a.c. (4) $276 / ff COST SCHEDULE Fees Last Revised July 2004 11/3/2004 DEFERED TO BUILDING PERMIT $000 Fee ID N1-POLC-LD $112,560 00 Fee ID N2-POLC-HD $000 Fee ID N3-POLC-C $000 Fee ID N4-POLC-1 DEFERED TO BUILDING PERMIT $000 Fee ID N1-SS-LD $121,68000 Fee ID N2-SS-HD $000 Fee ID N5-SS-C/1 $000 Fee ID N-SS-OBATA DEFERED TO BUILDING PERMIT $000 Fee ID N1-WATR-LD $44,640.00 Fee ID N2-WATR-HD $000 Fee ID N5-WTR-C/1 $000 Fee ID N-WR-OBATA DEFERED TO BUILDING PERMIT '1': X '1': v 'I: y 'I ''I $000 Fee ID N1-FIRE-LD $42,960.00 Fee ID N2-FIRE-HD $0.00 Fee ID N3-FIRE-C $000 Fee ID N4-FIRE-1 DEFERED TO $000 Fee ID N1-PF-LD $14,400.00 Fee ID N2-PF-HD $0.00 Fee ID N3-PF-C $0.00 Fee ID N4-PF-1 DEFERED TO BUILDING PERMIT BUILDING PERMIT y $000 Fee ID N1-L1B-LD 'I $30,96000 Fee ID N2-L1B-HD '::y: $2,448.73 Fee ID NO-CONWTFF and NO-CONWTAC TRACT 9599 BENASSI OAKS 11/3/2004 Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) Water 801-2601-PWDO-3899 $0.00 Water Mains, including fire hydrants, valves and box: (Developer is responsible for up to and including 12" mains) Half Pipe Lineal Footage 6 inch Main $41.00 1 LF x ,N'" .. .. ""''''''''''':'':''::''''0.0: = $000 Fee ID N-WR06-1/2 8 inch Main $4300 1 LF x $0.00 Fee ID N-WR08-1/2 10 inch Main $49.00 1 LF x $000 Fee ID N-WR1 0-1/2 12 inch Main $5400 1 LF x $000 Fee ID N-WR12-1/2 14 inch Main $60.00 1 LF x $0.00 Fee ID N-WR14-1/2 16 inch Main $65.00 1 LF x $0.00 Fee ID N-WR16-1/2 18 inch Main $7100 1 LF x $000 Fee ID N-WR18-1 12 24 inch Main $7900 1 LF x $000 Fee ID N-WR24-1/2 30 inch Main $86 00 1 LF x $000 Fee ID N-WR30-1/2 36 inch Main $11100 1 LF x $000 Fee ID N-WR36-1/2 Country Estates Water System Y $0.00 Fee ID N-WR-RESCE (Not Included) Sewer 801-2601 -PW DO-3899 $000 Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) Half Pipe Lineal Footage 6 inch Main $76 00 1 LF x N 0.0 = $0.00 Fee ID N-SS06-1/2 8 inch Main $78 00 1 LF x $0.00 Fee ID N-SS08-1/2 10 inch Main $85.00 1 LF x $000 Fee ID N-SS1 0-1 12 12 inch Main $8700 1 LF x $000 Fee ID N-SS12-1/2 15 inch Main $9100 1 LF x $000 Fee ID N-SS15-1/2 18 inch Main $98.00 1 LF x $0.00 Fee ID N-SS18-1/2 21 inch Main $10700 1 LF x $000 Fee ID N-SS21-1/2 24 inch Main $11100 1 LF x $0.00 Fee ID N-SS24-1/2 27 inch Main $128.00 1 LF x $000 Fee ID N-SS27-1/2 30 inch Main $150.00 1 LF x $000 Fee ID N-SS30-1/2 33 inch Main $165.00 1 LF x $000 Fee ID N-SS33-1/2 36 inch Main $18700 1 LF x $000 Fee ID N-SS36-1/2 39 inch Main $22100 1 LF x $000 Fee ID N-SS39-1/2 42 inch Main $27700 1 LF x $000 Fee ID N-SS42-1/2 COST SCHEDULE (5) Fees Last Revised July 2004 TRACT 9599 BENASSI OAKS 11/3/2004 Front Foot Charges: Street Improvements 801-2601-PWD-3899 $000 Pavement, Sidewalks & Medians Square Footage AC/Bike path base $3.70 1 S.t. x N:" ~,~ = $000 Fee 10 N-STR-ACB AC/Bike path: pvmt $150 1 s.f. x $000 Fee 10 N-STR-ACP Sidewalk: new $1060 1 S.t. x $000 Fee 10 N-STR-SiW Sidewalk: replace $14.80 1 s.t. x $000 Fee 10 N-STR-SiWR Resurfacing $320 1 s.f. x $000 Fee 10 N-STR-RESU Landscaped Median $22.25 1 s.t. x $000 Fee 10 N-STR-LANM Hardscaped Median $1270 1 s.f. x $000 Fee 10 N-STR-HARD Traffic Signals (equipment only) ... % of Lump Sum Traffic Signal-3 leg $140,000.00 1 Ls. x Hi' ..............::::.::0%: = $000 Fee 10 N-STR-TS3L Traffic Signal-4 leg $170,000.00 1 Ls. x $000 Fee 10 N-STR-TS4L Curb and Gutter Lineal Footage $26.40 ""...........-. Curb/Gutter: new 1 LF x 1\1:::' ::::::::::::::OJ) = $000 Fee 10 N-STR-C/G Curb/Gutter: replace $3700 1 LF x $000 Fee 10 N-STR-C/GR Curb Ramps $1,161.00 1 LF x $000 Fee 10 N-STR-CR Storm Drain 801-2601-PWD-3899 $000 Storm Mains, including manholes and catch basins: (Developer is responsible tor up to and including 24" mains) Half Pipe Lineal Footage 18 inch Main $6600 1 LF x $0.00 Fee 10 N-SD18-1/2 21 inch Main $7200 1 LF x $000 Fee 10 N-SD21-1/2 24 inch Main $7400 1 LF x $0.00 Fee 10 N-SD24-1/2 27 inch Main $86 00 1 LF x $000 Fee 10 N-SD27-1/2 30 inch Main $93.00 1 LF x $0.00 Fee 10 N-SD30-1/2 33 inch Main $96 00 1 LF x $000 Fee 10 N-SD33-1/2 36 inch Main $99 00 1 LF x $000 Fee 10 N-SD36-1/2 42 inch Main $10300 1 LF x $000 Fee 10 N-SD42-1/2 48 inch Main $122.00 1 LF x $000 Fee 10 N-SD48-1/2 54 inch Main $144.00 1 LF x $000 Fee 10 N-SD54-1/2 60 inch Main $165.00 1 LF x $0.00 Fee 10 N-SD60-1/2 COST SCHEDULE (6) Fees Last Revised July 2004 TRACT 9599 BENASSI OAKS 10/15/2004 10: 14 FAX 408 848 0500 CITY OF GILROY I4i 003/003 1011512004 CITY OF GILROY COMMUNITY DEVELOPMl:NT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE ALL PARK, POLICE, FIRE, PUBLIC FACILITY, LIBRA~Y, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO: DAiS: NUMaER: PROJECT LOCAtiON: PARCEL NUMBER: OWNERIOe.VEL.OPER: MAILING ADDRESS: TELEPHONE NO: PRE PAR EO BY: E1 ~ I 4-0ct-2004 TRACT 9599 BENA9S1 OAKS 808-01.012,016, 808-02.033 ORCHARD VALLEY 408-842-1900 J MAESTRI COST SCHEDULE TYPE: PRELIMINARY eSTIMATE" N IDEFER PARK. POl.ICE, FIRE, PUBLIC FACILITY & LIBRARY FEES 'I DeFER SEWER, WATER, TRAFFIC rEES" NOTi::: Tills Final Cosl Schedula has be.n al3juSlOCl to t!'le ratas currently In effect, FINAL FEES 'I Y INCENTiVe AGREeMENT FEES ONLY 'I L TO PERMIT '11. TO FINAL? !!- TO PERMIT? 1. TO FINAL. 'I L Site In(onnaUon: Reslde.,tlal.Low ? Residential-HiQI'l 'I Commercial-Low 'I Commerclal-Hlgl'l 7 Industrial-General? IndulIlrial-Warel'lou!la 'I Assembly Hall? Common Area? Gro~ Acres: 0,000 UiOO 0,000 0.000 0.000 0,000 0,000 0.000 l.ot~: o 2A o o o o o Untl8: o 24 Sq Fl: o o o o o o commerc:laVlnduatrlal Allocations: Sewer GPO: o Water GPO: o RelmDuraemen18 gnd aedllS: N Counlry Ealates WBter system? N Soultleasl Quadrant Hydrology Study? N Obala Industrlal Parll Creellt? Fronl Foolage/SQuare Footage Charges and Conatruclion Waler: Street Tree FF: Wa!er F'F': 674.0 0,0 Pal/emenl SF: Median SF; 0,0 0.0 Sewer FF: 0.0 Sidewalk SF: 0.0 Storm FF: 0.0 CurblGuftllr FF: 0,0 Conal Waler Acres 10 be Del/eloped: 3.500 Construclion Water FF: ,674,0 Special Public Wor1ls Services 1 0~2601-0000-362li $1.805,00 Maps: Final Map $1,565.00 . $10,00 1 101 y $1.805.00 Fee 10 NO-FINALM pareell'f\ap $1,6$0.00 + $10,00 1 lot N $0.00 Fee ID N~PARCi::LM Re-Sll88811ment Map (ASSeument Olsltlct Parcels) $175.00 + 520.00 1 lot N $0,00 Fee ID N-ASSESM AdminlstnaUon Fees: Southeast Quadrant HydrOlogy Stu<!Y (Not lnelUl18d) N $0,00 Fees Last Revised July 2004 /7+d- c. ~ (;./e CA~l.I:> c:D..c., ~ -+- /' A ~~,,~ C6/t.,P~~ C c-/ n-:= /c: -:r<iN.c../ s'a.-' ~U!i.M)~ TRAcr 9599 BENA$$I OAKS COST SCHEDULE SNoITA TEREsA Bl.'-O !~l ~ \~ I ~l ~ '\ ~ e. r- I I' :'] ',,' :,"\'''11!'~5J:~ \ .., \ '0 '0 ~-i--,~\-1 ""r, '[I'f\''''''~ ,\ \' i ',I--I---- u. -,n- tl ~i':0; . , ...c...... CT"'~ ,~b'. 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OJ '.1, ., ,"I "'/'1"1''''''- ["',:,' ;1'; '" ,_I ."~' l<I'-'}", 1375 \3&0 1.540 VICINITY SITE MAP Property Improvement Agreement No: 2004-22 Tract 9599 - Benassi Oaks, APN: 808-01-012,015,808-02-033 The Old Orchard Company, A California Corporation Exhibit A