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PIA No. 2004-21 - Santa Teresa Properties and Old Orchard Company DOCUMENT: 18134666 RECORDING REQUESTED BY: 11111111111111111111111 Fees Taxes Copies AMT PAID City of Gilroy Pages 17 55 00 55 00 WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE *'* 010 12/08/2004 1006 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No: 2004-21 Tract 9615 - The Highlands Remainder II - Eagle Ridge APN: 810-43-006 and 810-61-027 Santa Teresa Properties, LLC & The Old Orchard Company, A California Corporation -1- 11/5/04 PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INST ALLA TION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. 2004-21 This agreement is made and entered into this l~day of November, 2004, by and between the City of Gilroy, a municipal corporation herein callcd the "City" and Santa Teresa Properties, LLC 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 9615, The Highlands remainder II at Eagle Ridge, APN: 810-43-006 and 810-61-027. WHEREAS, the Developer requires certain utilities and public works facilities in order to service the property undcr the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Rcsolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this agrecment 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 appurtcnances, and the City is agrceing to discharge those responsibilities, provided that Developcr has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carryon the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the currcnt Zoning Ordinancc, and thc currcntly adoptcd Uniform Building Codc. -2- 11/5/04 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 eascments 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 bc cxtended. 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 Devcloper, 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 Dcveloper or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with thc 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 Icss than one hundred percent (100%) of the total cstimated 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 rcfusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than onc year after completion of the improvements by Developcr and acceptance of the improvements by City, to guarantee the repair and replacement of defcctive 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 bc less than One Thousand Dollars ($1,000) to cover the one-year maintenance period. -3- 11/5/04 The Payment Bond shall bc in an amount not less than onc hundred percent (100%) of the total estimated amount payable for the improvements describcd in this agreement. The Payment Bond shall securc the paymcnt of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or serviccs 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 gi ve a right of action to those persons or their assigns in any suit brought upon thc 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, revokcd, canceled, annulled, or suspended or in the event that it has, that rencwed authority has been granted. e. That upon approval of the final map of thc subdivision, the record of surveyor the building permit covering the real estate to be improved and before any work is done therein, the Dcveloper shall pay to the City all sums, shown in Section 9 thereof to be due under the terms and provisions of this agreement. f. At all times during the term of this agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to tcrmination, cancellation or modification. The insurance spccified 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 employecs. 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 dcscribed in this agreement, and will cause cach insurer to waive all rights of subrogation against City in connection therewith. All policies shall bc written on an occurrence basis and not on -4- 11/5/04 a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this agreemcnt, 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 hcalth 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 hercin 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 duc shall release the City from any and all obligations hereunder and the City, at its election, may enforcc the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have undcr applicablc laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in thc 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 thc obligations imposed on Developer by this agreement. -5- 11/5/04 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. SECTION 9 That the attached Development Cost Schedule No: 2004-21 enumerates all fees and their extensions. TOT AL AMOUNT DUE CITY $116,944.93. IN WITNESS WHEREOF, City has executed this agreement as of "-bu(J/fi-vbeyl t" ct'(J l . ST: ~ t./C~~A.~' Rhonda Pellin CITY CLERK APPROVED AS TO FORM: ~c;.~ ~ CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agr OWNERS By: OWNERS The 0 Orchard Company, A California Co oration By: CliffR. Johnson 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. ST ATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No: 2004-21, Tract 9615 - The Highlands Remainder II - Eagle Ridge, APN: 810-43-006 and 810- 61-027, Santa Teresa Properties, LLC & 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 0 WITNESS my hand and official seal. /1 -, ,,"J //! u--;. ~~Publ" ~ .L/Cw~ ~ RHON~PEUM 0- rOo,! \ Cu....! 1an.130511. ~ ~ r"~ ~;"O 1 Notary PubfIc - CaIfomII i~.'.":' Santa Clara County My Comm Expiree.Ul1 i, 2m!i ~d ._-y ...... _____ ~~'_; per GC Sec. 40814; CC Sec. 1181 (Notary Seal) State of California County of Santa Clara On 11/9/04 before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN M. FILICE JR. AND CLIFF R. JOHNSON, 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. ~'r :== r. . Signature ( 'I ~ ,I I l ..,If (/, " . I . ,1 ~~/ !~y ("'("'10" '~.l;1 ::., 'Jlr "J' Name (Seal) JJ/jj ,1\11/.. -.- , ~ /i ~ ENCOMPASS NO DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OVVNERJDEVELOPER MAILING ADDRESS: TELEPHONE NO PREPARED BY: Account No. 11/4/2004 CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE ALL PARK, POLICE, FIRE, PUBLIC FACILITY, LIBRARY, SEWER, WATER & TRAFFIC FEES ARE DEFERED E1 I~ -ot.1 Revised: Revision Number 3.Noy.2004 TRACT 9615 HIGHLANDS REMAINDER II EAGLE RIDGE 81043-006 & 810-61-027 ORCHARD VALLEY COMMUNTIES 408-842-1900 J MAESTRI Key Code Fee: Credits: Amount Due: Account Description: Paid on Invoice # 4904 $1.97500 $0.00 $1.97500 Special Public Works Serv 4702 $94.194.05 $0.00 $94.19405 Engring Plan Check & Insp DEFERED TO 3302 $423,94000 $0.00 BUILDING PERMIT Park Development Fee 4501 $7.048.50 $0.00 $7.048.50 Stonn Development Fee 3301 $0.00 $0.00 $0.00 Str Tree Development Fee DEFERED TO 4905 $227,960.00 $0.00 BUILDING PERMIT TraffIC Impact Fee DEFERED TO 4402 $118,49000 $0.00 BUILDING PERMIT Police Development Fee DEFERED TO 4509 $290,690.00 $0.00 BUILDING PERMIT Sewer Development Fee DEFERED TO 4510 $106.600.00 $0.00 BUILDING PERMIT Water Development Fee DEFERED TO 4511 $50.840.00 $0.00 BUILDING PERMIT Fire Development Fee DEFER ED TO 4512 $127,100.00 $0.00 BUILDING PERMIT Public Facility Impact Fee DEFERED TO 4514 $74.21000 $0.00 BUILDING PERMIT Library Impact Fee 2202 $13.72738 $0.00 $13,727.38 Const Water Use Fee 4703 $0.00 $0.00 $0.00 Reimburllements 4703 $0.00 $0.00 $0.00 Other Reimburllements Total $116,94493 $1.039.804 $1.039,804 (1) 100-2601-0000-3625 100-2601-0000-3605 410-2600-0000-3660 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-PVV00-3899 801-2601.PVV00-3899 Payment Bond Perfonnance Bond COST SCHEDULE Fees Last Revised July 2004 TRACT 9615 HIGHLANDS REMAINDER II 11/4/2004 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: E1 I I 3-Nov-2004 TRACT 9615 HIGHLANDS REMAINDER II EAGLE RIDGE 810-43-006 & 810-61-027 ORCHARD VALLEY COMMUNTIES 408-842.1900 J MAESTRI COST SCHEDULE TYPE: PRELIMINARY ESTIMATE? N FINAL FEES? Y IDEFER PARK. POLICE. FIRE, PUBLIC FACILITY & LIBRARY FEES ? DEFER SEVVER. WATER. TRAFFIC FEES? NOTE: This Final Cost Schedule has been adjusted to the rates currently in effect. Site Information: Residential-Low ? Residential-High? Commercial-Low ? Commercial-High? Industrial-General? Industrial-Warehouse? Assembly Hall? Common Area? Gross Acres: 12.700 0.000 0.000 0.000 0.000 0.000 0.000 0000 Lots: 41 o o o o o o CommerciaVlndustrial Allocations: Sewer GPD: o Reimbursements and credits: N Countly Estates Water System? INCENTIVE AGREEMENT FEES ONLY? N TO PERMIT? Y TO FINAL? N - - TO PERMIT? Y TO FINAL? N Units: 41 o Sq Ft: o o o o o o Water GPD: o N Southeast Quadrant Hydrology Study? N Obata Industrial Pari< Credit? Front Footage/Square Footage Charges and Construction Wate~ Street Tree FF: Water FF: 0.0 0.0 Pavement SF: Median SF: QO QO Sewer FF: 0.0 Sidewalk SF: 0.0 Special Public VVorl<s Services 100-2601-0000-3625 Maps: Final Map $1.56500 + $10.00 / lot Parcel Map $1,630.00 + $10.00 / lot Re-assessment Map (Assessment District Parcels) $175.00 + $20.00 / lot Administration Fees: Southeast Quadrant Hydrology Study (Not Induded) COST SCHEDULE (2) Fees Last Revised July 2004 Storm FF: 0.0 Curb/Gutter FF: 0.0 Const Water Acres to be Developed: 12.700 Construction Water FF: 4,200.0 $1,975.00 Y $1.975.00 Fee ID No-FINALM N $0.00 Fee ID No-PARCELM N $0.00 Fee ID N-ASSESM N $0.00 Fee ID N-SD-QUADA TRACT 9615 HIGHLANDS REMAINDER II Miscellaneous Engineering Services: (Cost Schedules. Agreements. RfW Reviews and Other Misc. Services) o hr Misc Services $106.59 / hr. Engring Plan Check and Inspection (Based on total cost of public right-cl-way improvements) ~ hr Site grading and $106.59 reinspection charges Estimated Cost of Public Improvements 12% $0 $100,000 10% $100,000 $200,000 8% $200.000 over Payment Bond Amount for OOsite Improvements Performance Bond Amount for OOsite Improvements Impact Fees: Park Impact Fee a.Residenbal-Low $10.340.00 b.Residenbal-High $7,380.00 Storm Drain Impact Fee a. Residenbal-Low $555.00 b. Residenbal-High $833.00 c.Commercial $1.110.00 d.lnduslrial $1,249.00 eAssembly Hall $555.00 acre Obata Industrial Park Credits (Based on reimbursements due from oversized storm facilibes) Obata Fee Credit $1.170.00 / acre Street Tree Fee a.City Planting and Replacement $2.56 / If x b.lnspeclion and Replacement $0.36 / ff x TraffIC Impact Fee a.ResidenbaJ-Low $5.560.00 bResidenbal-High c.Commercial-Low Traffic (<= 4 trips/1000 sf) d.Commercial-High Traffic (> 4 trips/1 000 sf) $4,510.00 $6.150.00 $12.43000 e.lndustrial-General $2,400.00 f.lndustrial-Warehouse COST SCHEDULE $1.770.00 N y 100-2601-0000-3605 hr. Y $1,039,804 $1.039,804 $1,039,804 410-2600-0000-3660 unit unit 420-2600-0000-3660 acre acre acre acre 432-2600-0000-3660 Front Footage 0.0 0.0 = 433-2600-0000-3660 unit unit k.s.f. ksf ks.f. k.s.f. (3) N $0.00 $5.009.73 Y $12.00000 Y $10,00000 Y $67,184.32 Y $423.940.00 Y $0.00 Y $7.048.50 Y $0.00 Y Y Y Y Y $227.960.00 Y Y Y Y Y Fees Last Revised July 2004 Fee 10 N-MISC Fee 10 No-GRAOINS Fee 10 No-PLANCHK OEFEREO TO Fee 10 N1-PARK-LD Fee 10 N2-PARK-HO Fee 10 No-SO-LO Fee 10 No-SO-HO $0.00 Fee 10 No-SO-C $0.00 Fee 10 No-SO-I $0.00 Fee 10 No-SO-AH $0.00 Fee 10 N.SO-OBATA $0.00 Fee 10 NO- TREEPL T $0.00 Fee 10 NO- TREEINS OEFEREO TO Fee 10 N1-TRAF-LO $000 Fee 10 N2-TRAF-HD $0.00 Fee 10 N3-TRAF-CL $0.00 Fee 10 N3- TRAF-CH $0.00 Fee 10 N4- TRAF-IG $0.00 Fee 10 N4-TRAF-IW 11/4/2004 $94.194.05 BUILDING PERMIT $7,048.50 $0.00 BUILDING PERMIT TRACT 9615 HIGHLANDS REMAINDER II 11/4/2004 Police Impact Fee 434-2600-0000-3660 DEFEREO TO BUILDING PERMIT a Residential-Low $2,89000 / unit V $118,490.00 Fee 10 N1-POLC-LO b Residential-High $4,690.00 / unit V $0.00 Fee 10 N2-POLC-HO c.Commercial $2,680.00 k.sl. V $0.00 Fee 10 N3.-POLC-C d.lndustrial $120.00 k.s.l. V $0.00 Fee 10 N4-POLC-1 Sewer Impact Fee 435-2600-0000-3660 OEFEREO TO BUILDING PERMIT a.Residential-Low $7,09000 / unit Y $290,690.00 Fee 10 N1-SS-LO b.Residential-High $5,07000 / unit V $0.00 Fee 10 N2-SS-HO c.CommerciaUlndustrial $2,270.00 / cgpd V $0.00 Fee 10 N5-ss-cn Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Cred~ $531.00 / acre V $0.00 Fee 10 N-SS-OBATA Water Impact Fee 436-2600-0000-3660 DEFER ED TO BUILDING PERMIT a. Residential-Low $2,600.00 / unit V $106,600.00 Fee 10 N1-WATR-LO b. Residential-High $1.860.00 unit Y $0.00 Fee 10 N2-WATR-HD c CommerciaUlndustrial $3,95000 kgpd V $0.00 Fee 10 N5-WTR-CII Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Cred~ $154.00 / acre Y $0.00 Fee 10 N-WR-OBATA Fire Impact Fee 437-2600-0000-3660 OEFEREO TO BUILDING PERMIT a.Residential-Low $1.24000 unit V $50.840.00 Fee 10 N1-FIRE-LD b Residential-High $1,790.00 unit V $0.00 Fee 10 N2-FIRE-HO c.Commercial $690.00 ksf. V $0.00 Fee 10 N3-FIRE-C d.lndustrial $140.00 k.s.!. V $0.00 Fee 10 N4-FIRE-1 Public Facilities Impact Fee 438-2600-0000-3660 DEFERED TO BUILDING PERMIT a.Residential-Low $3,100.00 unit V $127,100.00 Fee 10 N1-PF-LD b.Residential-High $600.00 unit V $0.00 Fee 10 N2-PF-HD c.Commercial $850.00 k.s.f. V $0.00 Fee 10 N3-PF-C d.lndustrial $600.00 k.s.f V $0.00 Fee 10 N4-PF-1 Library Impact Fee 439-2600-0000-3660 OEFERED TO BUILDING PERMIT a.Residential-Low $1.810.00 / unit V $74,210.00 Fee 10 N1-L1B-LO b Residential-High $1,29000 unit V $000 Fee 10 N2-L1B-HD Water User Fee (Construction) 720-0433-0000-3620 V $13,727.38 $2.76 Iff. + $168.14 / a.c. Fee 10 NO-CONWTFF and NO-CONWTAC COST SCHEDULE (4) Fees Last Revised July 2004 TRACT 9615 HIGHLANDS REMAINDER II 11/4/2004 Front Foot Charges: (Used to charge and reimburse fees for exisbng infrastructure) Water 801-2601-PWOO-3899 50.00 Water Mains, induding fire hydrants, valves and box: (Developer is responsible for up to and induding 12" mains) Half Pipe Lineal Footage 6 inch Main $41.00 LF x N 00 50.00 Fee ID N-WR06-1/2 8 inch Main $43.00 LF x N 0.0 50.00 Fee ID N-WROB-1/2 10 inch Main $49.00 LF x N 00 50.00 Fee ID N-WR1D-1/2 12 inch Main 554.00 LF x N 0.0 50.00 Fee ID N-WR12-1/2 14 inch Main $60.00 LF x N 0.0 50.00 Fee ID N-WR14-1/2 16 inch Main $65.00 LF x N 0.0 50.00 Fee ID N-WR16-1I2 18 inch Main 571.00 LF x N 0.0 50.00 Fee ID N-WR1B-1/2 24 inch Main 579.00 LF x N 0.0 50.00 Fee ID N-WR24-1/2 30 inch Main 586.00 LF x N 0.0 50.00 Fee ID N-WR3D-1/2 36 inch Main 5111.00 1 LF x N 0.0 50.00 Fee ID N-WR36-1/2 Country Estates Water System y 50.00 Fee ID N-WR-RESCE (Notlnduded) Sewer 801-2601-PWOD-3899 50.00 Sewer Mains, induding manhole: (Developer is responsible for up to and induding 12" mains) Half Pipe Lineal Footage 6 inch Main 576.00 LF x N 0.0 50.00 Fee ID N-SS06-1/2 8 inch Main 578.00 LF x N 0.0 50.00 Fee ID N-SSOB-1/2 10 inch Main 585.00 LF x N 0.0 = 50.00 Fee ID N-SS1D-1/2 12 inch Main 587.00 LF x N 0.0 50.00 Fee ID N-SS12-1/2 15 inch Main 591.00 LF x N 0.0 50.00 Fee ID N-SS15-1/2 18 inch Main $98.00 LF x N 0.0 $000 Fee 10 N-SS18-1/2 21 inch Main 5107.00 LF x N 0.0 50.00 Fee ID N-SS21-1/2 24 inch Main 5111.00 LF x N 0.0 50.00 Fee ID N-SS24-1/2 27 inch Main 5128.00 LF x N 0.0 50.00 Fee ID N-SS27-1/2 30 inch Main 5150.00 LF x N 0.0 50.00 Fee ID N-SS3D-1/2 33 inch Main 5165.00 LF x N 0.0 50.00 Fee ID N-SS33-1/2 36 inch Main 5187.00 LF x N 0.0 50.00 Fee ID N-SS36-1/2 39 inch Main 522100 LF x N 0.0 50.00 Fee ID N-SS39-1/2 42 inch Main 5277.00 1 LF x N 0.0 50.00 Fee ID N-SS42-1/2 COST SCHEDULE (5) Fees Last Revised July 2004 TRACT 9615 HIGHLANDS REMAINDER II 11/4/2004 Front Foot Charges: Street Improvements 801-2601-PWD-3899 $0.00 Pavement, Sidewalks & Medians Square Footage AClBike path base $370 Idx N 0.0 $0.00 Fee ID N-STR-ACB AClBike path: pvmt $1.50 1 sf x N 0.0 $0.00 Fee ID N-STR-ACP Sidewalk: new $10.60 1 sf x N 0.0 = $0.00 Fee ID N-STR-SIW Sidewalk: replace $14.80 1 sf. x N 0.0 $0.00 Fee ID N-STR-SIWR Resurfacing $3.20 1 sf. x N 0.0 = $0.00 Fee ID N-STR-RESU Landscaped Median $22.25 sf. x N 0.0 $0.00 Fee ID N-STR-LANM Hardscaped Median $12.70 1 sf. x N 0.0 $0.00 Fee ID N-STR-HARD TraffIC Signals (equipment only) % of Lump Sum Traffic Signal-3 leg $140.00000 1 I.s. x N 0% $0.00 Fee ID N-STR-TS3L Traffic Signa~ leg $170,000.00 1 I.s. x N 0% $0.00 Fee ID N-STR-TS4L Curb and Gutter Lineal Footage Curb/Gutter: new $26.40 LF x N 0.0 $0.00 Fee ID N-STR-C/G Curb/Gutter: replace $37.00 LF x N 0.0 = $0.00 Fee ID N-STR-C/GR Curb Ramps $1,161.00 LF x N 0.0 = $0.00 Fee ID N-STR-CR Storm Drain 801-2601-PWD-3899 $0.00 Storm Mains. induding manholes and catch basins: (Developer is responsible for up to and induding 24" mains) Half Pipe Lineal Footage 18 inch Main $66.00 LF x N 0.0 = $0.00 Fee ID N-SD18-112 21 inch Main $72.00 LF x N 0.0 = $0.00 Fee ID N-SD21-112 24 inch Main $7400 1 LF x N 0.0 = $0.00 F.... 10 N-S024-112 27 inch Main $86.00 LF x N 0.0 = $0.00 Fee ID N-SD27-112 30 inch Main $93.00 LF x N 0.0 = $0.00 Fee ID N-SD30-112 33 inch Main $96.00 LF x N 0.0 = $0.00 Fee ID N-S033-112 36 inch Main $99.00 LF x N 0.0 = $0.00 Fee ID N-SD36-112 42 inch Main $103.00 LF x N 0.0 = $0.00 Fee ID N-SD42-1/2 48 inch Main $122.00 LF x N 0.0 = $0.00 Fee ID N-S048-112 54 inch Main $144.00 LF x N 0.0 = $0.00 Fee ID N-SD54-1/2 60 inch Main $165.00 LF x N 0.0 = $0.00 Fee ID N-S060-112 COST SCHEDULE (6) Fees Last Revised July 2004 TRACT 9615 HIGHLANDS REMAINDER II 11/4/2004 Front Foot Charges: 66 inch Main $187.00 LF x N 0.0 $0.00 Fee ID N-SD66-1/2 72 inch Main $209.00 LF x N 0.0 = $0.00 Fee ID N-SD72-1/2 78 inch Main $225.00 LF x N 0.0 $0.00 Fee ID N-SD78-112 84 inch Main $241.00 / LF x N 0.0 = $0.00 Fee ID N-SD84-112 90 inch Main $257.00 LF x N 0.0 = $0.00 Fee ID N-SD90-112 96 inch Main $273.00 LF x N 0.0 = $0.00 Fee ID N-SD96-112 Southeast Quadrant Hydrology Study y $0.00 Fee ID N-SD-QUAD (Not Induded) NOTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the time Building Permits are issued. The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference Site grading and reinspection charges induding reinspection of backyard drainage will be billed at the Engineering Division hourly rate in effect at the time of inspection. Accepted by: ~c,{(~ \ ~ lI\.4.~ . uc..- T -r/+-4.- c..c...::. Co ,c.c.~ c.s......,~. / I / 't / of! , , Date: ,-... j \ /J'? /~ ,"",,17 L '.:. " ,...:; Co I ~ L(..C 5~j-A/~(, rc:./~ COST SCHEDULE (7) Fees Last Revised July 2004 TRACT 9615 HIGHLANDS REMAINDER II BENCHMARK SITE .. HECKER ~ PASS BLVD. TO SALINAS VICINITY MAP NO SCALE HECkER PASS HIGHWA Y VICINITY SITE MAP Property Improvement Agreement No: 2004-21 Tract 9615 - The Highlands Remainder II - Eagle Ridge APN: 810-43-006 and 810-61-027 Santa Teresa Properties, LLC & The Old Orchard Company, A California Corp. Exhibit A