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PIA No. 2004-28 - Southpoint Business Park Associates RECORDING REQUESTED BY: ~\\\\\\ii,\il\\\U~lii\I~I~ Fees. . . Taxes. . . Cop i es. . AMT PAID IlD Pages: \ 9 61.00 6\ 00 City of Gilroy WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER R d d at the request of ecor e City ROE ** 009 5/09/2005 9:50 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No: 2004-28 Parcel Map @ Arroyo Circle APN: 841-69-038 Southpoint Business Park Associates A California Joint Venture -1- 12/29/04 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. 2004-28 This agreement is made and entered into this I 6 J-.~ay of 4I?AA...~) ,2005, by and between the City of Gilroy; a municipal corporation herein called the "City" and Southpoint Business Park Associates, a California Joint Venture, a real property owner, developer or subdivider, herein called the "Developer". WHEREAS, a parcel 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: Southpoint Business Park Associates A California Joint Venture, APN:841-69-038. 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 limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. -2- 12/29/04 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 of the bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an -3- 12/29/04 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 (100%) of the total estimated amount payable for the improvements described in this agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California 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 building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all sums, shown in Section 9 thereof to be due under the terms and provisions of this agreement. f. At all times during the term of this agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this -4- 12/29/04 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 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 -5- 12/29/04 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. 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 businesses have access to their properties. 6) The Developer shall submit to the City of Gilroy an electronic copy of the final map as an Autocad drawing file (DWG format, Autocad 2002 maximum). 7) The developer agrees to enter into a deferred agreement with the City of Gilroy to construct all frontage improvements on Camino Arroyo including but not limited to curb, gutter, sidewalk, landscaping and paving at such time required by the City Engineer. -6- 12/29/04 03/03/2005 1519 FAX 408 B4S 0429 CITY OF GILROY 8lES 1lI003/011 S.I~fllQN 9 That the atl:ached Oevdopmem COM Schedule No: 2004-28 enumerates all fees and their c~tensi()nl). The attached Development Cost Schedule was paid on 1/4/05. No additional fees arc dle. IN WITNESS WHEREOF. City has executed this agreement us of __f!:i?.:...~ I 7' I 2f) V r.. ~,.. 'r~ST:... c/} . ~~ / !VJM'--' '., "'-'. .-.-..'''.''.........U Rhonda Pellin CITY CLERK APPROVED AS TO FORM; P/L ~ '''_.,,'-~ <<"""~'''".,'''''''''''''"."',."._,--_."._,_..,-",._,--",.,, CITY ATTORNEY IN WITNESS WllEREOF Owner has executed this agreement as of.,.,..__....._..__...__..,...... OWNER: Sou thfloi 8y: E'i Reinhar General Par cr NOTE: IfDevcloper is a corporation. the complete legal name and corporate seal ()fthe corporation aJld the corporate titles of the person1; signing for the cOll>oration shnll appear al)ovc. -7- 12r.!l).'(14 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No. 2004-28, Parcel Map @ Arroyo Circle, APN: 841-69-038, Southpoint Business Park Associates, A California Joint Venture On April 19, 2005, 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. ~ /). ~L~Lz~,- Signature of Notary PublIc J~ ~ -- - - - -. -. -. - -. .- Q).... RHONlJA PEU..rN - '. -!' '. Commission' 13C!'S15 J '.' ,.,.,..'....... N........ Public- Car;r~.-',. ~ .,:~ ~_.,...___ ~I lll,..di.~,-, > "", .. Santa Clara Cc:.mty - My Ccmm. Expires .b119, 2005 per GC Sec. 40814; CC Sec. 1181 (Notary Seal) Property Improvement Agreement No. 2004-28 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On lll~ )0'5, before me, ~iIYla.. Gomez, lJotaxj personally appeared ~ II 'Q...e.AX\ ,,",aX d 'R/\') L~ c personally known to me (or }3fG'.'tHi t9 m@ GH the bftsis of 8fltisfaduIY c;v ~J('l1ee-}to be the person~ whose name~ is/.at=@..subscribed to the within instrument and acknowledged to me that he/skeRl:uq' executed the same in his/R€or'tbeit authorized capacity(~, and that by his/kef/their signature~ on the instrument the person~ or the entity upon behalf of which the person1V acted, executed the instrument. WITNESS my hand and official seal. Signature dJ~ &~ per GC Sec. 40814; CC Sec. 1181 0 J.-.......................-................-.... a GIP'AAGOMEZ - Comr:',"\sion" 1353060 J ~ Notary Public.. California ~ SaMn Clara County ~ My Corflm. ExpII1lS Apr23. 2006 -8- 12/29/04 ~~d\~f\ffit ~!~ p~~ Y~\Q~~ .A::j~Q,~ State of California County of Santa Clara On February 15, 2005 before me, the undersigned, a Notary Public in and for said State, personally appeared John M. Filice, Jr., 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. wrrNESS~dotpJa~ Signature ~ KO( l l~ ~dei'sef\ (typed or printed) Name ~'~""VV'9''!!1Y 'g'VYfVW"''tJ''L~'IJ "'''-VW"'f y..:, 'V'- ..' ":.::, '-_, KORI L. ANDERSE~ 0;', COMM. #1336615 Cf.l ::E " : NOTARY PUBLlC.CALlFORNIA 3: en SANTA CLARA COUNTY 0 r~~AU'~'~~A~',7;:Ir~::,~~ (Seal) JJ/ka . ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: Account No. 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-PWDO-3899 801-2601-PWDO-3899 Payment Bond Performance Bond COST SCHEDULE 2/16/2005 CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION PRELIMINARY COST ESTIMATE 2004 Fees E1 104100012 &13 Revised: Revision Number. Revised by: 28-Dec-2004 Craig Filice Condos 841-69-038 GLEN LOMA GROUP - SOUTH POINT BUSINESS PARK 408-847 -4224 J MAESTRI Key Code Fee: Credits: Amount Due: Account Description: Paid on Invoice # 4904 $2,705,90 $2,715.90 $0.00 Special Public Works Serv 4702 $1,200,00 $1,200,00 $0,00 Engring Plan Check & Insp 3302 $0,00 $0.00 $0,00 Park Development Fee 4501 $2,872,70 $2,872.70 $0,00 Storm Development Fee 3301 $0,00 $0,00 $0,00 Str Tree Development Fee 4905 $36,588.00 $0,00 $36,588,00 Traffic Impact Fee 4402 $1,829.40 $0.00 $1,829.40 Police Development Fee 4509 $5,538,80 $0.00 $5,538,80 Sewer Development Fee 4510 $3,207.40 $0,00 $3,207.40 Water Development Fee 4511 $2,134,30 $0,00 $2,134,30 Fire Development Fee 4512 $9,147.00 $0.00 $9,147.00 Public Facility Impact Fee 4514 $0,00 $0.00 $0.00 Library Impact Fee 2202 $1,352.72 $1,352,72 $0.00 Const Water Use Fee 4703 $0,00 $0,00 $0,00 Reimbursements 4703 $0.00 $0,00 $0,00 Other Reimbursements Total $58,444.90 FEES PAID ON 1/4/05 $10,000 $10,000 (1) Fees Last Revised July 2004 7500 ARROYO CIRCLE INDUSTRIAL #3A-2004 2/16/2005 CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION PRELIMINARY COST ESTIMATE ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWN ER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: E1 104100012 &13 28-Dec-2004 Craig Filice Condos 841-69-038 GLEN LOMA GROUP - SOUTH POINT BUSINESS PARK 408-847-4224 J MAESTRI COST SCHEDULE TYPE: PRELIMINARY ESTIMATE? Y FINAL FEES? N INCENTIVE AGREEMENT FEES ONLY? N IDEFER PARK, POLICE, FIRE, PUBLIC FACILITY & LIBRARY FEES? TO PERMIT? !!. TO FINAL? .!:!..- DEFER SEWER, WATER, TRAFFIC FEES? TO PERMIT? N TO FINAL? N NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect at the time permits are issued. Site Information: Gross Acres: Lots: Units: Sq Ft: Residential-Low? 0.000 0 0 Residential-High? 0,000 0 0 Commercial-Low? 0,000 0 0 Commercial-High? 0,000 0 0 Industrial-General? 2,300 1 15,245 Industrial-Warehouse? 0,000 0 0 Assembly Hall? 0,000 0 0 Common Area? 0,000 0 Commercial/Industrial Allocations: Sewer GPD: Water GPD: 244 812 Reimbursements and credits: N Country Estates Water System? N Southeast Quadrant Hydrology Study? N Obata Industrial Park Credit? Front Footage/Square Footage Charges and Construction Water: Street Tree FF: Water FF: 0.0 0,0 Pavement SF: Median SF: 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: 2,300 Construction Water FF: 350.0 0,0 Special Public Works Services 100-2601-0000-3625 $2,705,90 Maps: Final Map $1,565,00 + $10,00 / lot N $0,00 Fee ID NO-FINALM Parcel Map $1,630,00 + $10,00 / lot Y $1,640,00 Fee ID NO-PARCELM Re-assessment Map (Assessment District Parcels) $175,00 + $20,00 / lot N $0.00 Fee ID N-ASSESM Administration Fees: Southeast Quadrant Hydrology StUdy (Not Included) N $0,00 Fee ID N-SD-QUADA COST SCHEDULE (2) Fees Last Revised July 2004 7500 ARROYO CIRCLE INDUSTRIAL #3A-2004 Miscellaneous Engineering Services: (Cost Schedules, Agreements, RIW Reviews and Other Misc, Services) 10 hr Misc Services $108,59 / hr, Engring Plan Check and Inspection (Based on total cost of public right-of-way improvements) ----!!.. hr Site grading and $108,59 reinspection charges 100-2801-0000-3605 Y hr. N Estimated Cost of Public Improvements 12% $0 $100,000 10% $100,000 $200,000 8% over $200,000 Payment Bond Amount for Offsite Improvements Performance Bond Amount for Offsite Improvements Impact Fees: Park Impact Fee $10,000 $10,000 $10,000 a,Residential-Low $10,340,00 / unit 410-2600-0000-3660 b,Residential-High $7,380,00 / unit Storm Drain Impact Fee a,Residential-Low $555,00 / acre 420-2600-0000-3660 b.Residential-High $833,00 / acre c,Commercial $1,110.00 / acre d,lndustrial $1,249,00 / acre e,Assembly Hall $555,00 / acre Obata Industrial Park Credits (Based on reimbursements due from oversized storm facilities) Obata Fee Credit $1,170,00 / acre Street Tree Fee 432-2600-0000-3660 Front Footage a,City Planting and Replacement $2,56 / f.f. x b,lnspection and Replacement $0,36 / fJ, x N Y Traffic Impact Fee a, Residential-Low unit 433-2600-0000-3660 $5,560,00 b,Residential-High c,Commercial-Low Traffic (<= 4 trips/1000 sf) d,Commercial-High Traffic (> 4 trips/1000 sf) $4,510,00 unit $6,150,00 / k,s.f, $12,430,00 k,s,f. e, Industrial-General $2,400.00 k,sJ, f, Industrial-Warehouse COST SCHEDULE $1,770,00 k,s,f, (3) 0.0 = 0.0 = Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Fees Last Revised July 2004 $1,065.90 $0.00 $1,200.00 $0,00 $0,00 $0,00 $0,00 $0,00 $2,872.70 $36,588.00 Fee 10 N-MISC Fee 10 NO-GRAOINS Fee 10 NO-PLANCHK Fee 10 N1-PARK-LO Fee 10 N2-PARK-HO Fee 10 NO-SO-LO $0,00 Fee 10 NO-SO-HO $0.00 Fee 10 NO-SO-C 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 $0,00 Fee 10 N1-TRAF-LO $0,00 Fee 10 N2-TRAF-HO $0,00 Fee 10 N3-TRAF-CL $0,00 Fee 10 N3-TRAF-CH Fee 10 N4-TRAF-IG $0,00 Fee 10 N4-TRAF-IW 2/16/2005 $1,200,00 $0,00 $2,872,70 $0,00 $36,588,00 7500 ARROYO CIRCLE INDUSTRIAL #3A-2004 2/16/2005 Police Impact Fee 434-2600-0000-3660 $1,829.40 a, Residential-Low $2,890,00 unit Y $0.00 Fee ID N1-POLC-LD b, Residential-High $4,690,00 unit Y $0,00 Fee ID N2-POLC-HD , c,Commercial $2,680,00 1 k,s.f, Y $0,00 Fee ID N3-POLC-C d, Industrial $120,00 1 k,s.f. Y $1,829.40 Fee ID N4-POLC-1 Sewer Impact Fee 435-2600-0000-3660 $5,538,80 a.Residential-Low $7,090,00 1 unit Y $0,00 Fee ID N1-SS-LD b,Residential-High $5,070,00 1 unit Y $0,00 Fee ID N2-SS-HD c.Commercialll nduslrial $2,270,00 1 cgpd Y $5,538,80 Fee ID N5-SS-C/I Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531,00 1 acre Y $0,00 Fee ID N-SS-OBATA Water Impact Fee 436-2600-0000-3660 $3,207.40 a.Residential-Low $2,600,00 unit Y $0,00 Fee ID N1-WATR-LD b,Residential-High $1,860,00 unit Y $0,00 Fee ID N2-WATR-HD c,Commercialllndustrial $3,950,00 1 kgpd Y $3,207,40 Fee ID N5-WTR-C/I Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154.00 1 acre Y $0.00 Fee ID N-WR-OBATA Fire Impact Fee 437-2600-0000-3660 $2,134.30 a, Residential-Low $1,240,00 1 unit Y $0.00 Fee ID N1-FIRE-LD b, Residential-High $1,790,00 1 unit Y $0.00 Fee ID N2-FIRE-HD c.Commercial $690,00 1 k.s,f. Y $0,00 Fee ID N3-FIRE-C d.lndustrial $140.00 1 k,s.f, Y $2,134.30 Fee ID N4-FIRE-1 Public Facilities Impact Fee 438-2600-0000-3660 $9,147,00 a,Residential-Low $3,100,00 1 unit Y $0,00 Fee ID N1-PF-LD b,Residential-High $600,00 I unit Y $0.00 Fee ID N2-PF-HD c,Commercial $850,00 1 k,s,f, Y $0,00 Fee ID N3-PF-C d,lndustrial $600,00 1 k,s.f, Y $9,147,00 Fee ID N4-PF-1 Library Impact Fee 439-2600-0000-3660 $0.00 a, Residential-Low $1,810.00 1 unit Y $0,00 Fee ID N1-L1B-LD b, Residential-High $1,290.00 1 unit Y $0.00 Fee ID N2-L1B-HD Water User Fee (Construction) 720-0433-0000-3620 Y $1,352.72 $2,76 1 'f.f. + $168,14 1 a,c, Fee ID NO-CONWTFF and NO-CONWTAC COST SCHEDULE (4) Fees Last Revised July 2004 7500 ARROYO CIRCLE INDUSTRIAL #3A-2004 2/16/2005 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 = $0.00 Fee ID N-WR06-1/2 8 inch Main $43,00 1 LF x N 0.0 = $0,00 Fee ID N-WR08-1/2 10 inch Main $49,00 1 LF x N 0,0 = $0,00 Fee ID N-WR10-1/2 12 inch Main $54,00 1 LF x N 0.0 = $0,00 Fee ID N-WR12-1/2 14 inch Main $60.00 LF x N 0.0 = $0.00 Fee ID N-WR14-1/2 16 inch Main $65.00 LF x N 0.0 = $0,00 Fee ID N-WR16-1/2 18 inch Main $71,00 LF x N 0,0 = $0,00 Fee ID N-WR18-1/2 24 inch Main $79,00 LFx N 0,0 = $0.00 Fee ID N-WR24-1/2 30 inch Main $86,00 LF x N 0.0 = $0,00 Fee ID N-WR30-1/2 36 inch Main $111,00 LF x N 0.0 = $0.00 Fee ID N-WR36-1/2 Country Estates Water System Y $0.00 Fee ID N-WR-RESCE (Not Included) Sewer 801-2601-PWDO-3899 $0,00 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 LF x N 0,0 = $0.00 Fee ID N-SS08-1/2 10 inch Main $85,00 LF x N 0,0 = $0.00 Fee ID N-SS10-1/2 12 inch Main $87,00 LF x N 0,0 = $0.00 Fee ID N-SS12-1/2 15 inch Main $91,00 LF x N 0,0 = $0,00 Fee ID N-SS15-1/2 18 inch Main $98,00 LF x N 0.0 = $0,00 Fee ID N-SS18-1/2 21 inch Main $107,00 1 LF x N 0,0 = $0,00 Fee ID N-SS21-1/2 24 inch Main $111,00 1 LF x N 0,0 = $0,00 Fee ID N-SS24-1/2 27 inch Main $128,00 1 LF x N 0,0 = $0,00 Fee ID N-SS27-1/2 30 inch Main $150,00 1 LF x N 0.0 = $0.00 Fee ID N-SS30-1/2 33 inch Main $165,00 LFx N 0,0 = $0.00 Fee ID N-SS33-1/2 36 inch Main $187,00 LF x N 0.0 = $0,00 Fee ID N-SS36-1/2 39 inch Main $221,00 LF x N 0.0 = $0.00 Fee ID N-SS39-1/2 42 inch Main $277. 00 LF x N 0,0 = $0,00 Fee ID N-SS42-1/2 COST SCHEDULE (5) Fees Last Revised July 2004 7500 ARROYO CIRCLE INDUSTRIAL #3A-2004 2/16/2005 Front Foot Cl)arges: Street Improvements 801-2601-PWD-3899 $0,00 Pavement, Sidewalks & Medians Square Footage AC/Bike path: base $3,70 1 s,l, x N 0,0 = $0,00 Fee 10 N-STR-ACB AC/Bike path: pvmt $1,50 1 s.f. x N 0,0 = $0,00 Fee 10 N-STR-ACP Sidewalk: new $10,60 1 s,l, x N 0,0 = $0,00 Fee 10 N-STR-SIW Sidewalk: replace $14,80 I s.f, x N 0.0 = $0,00 Fee 10 N-STR-SIWR Resurfacing $3,20 1 s.f, x N 0,0 = $0,00 Fee 10 N-STR-RESU Landscaped Median $22.25 1 s.f, x N 0.0 = $0,00 Fee 10 N-STR-LANM Hardscaped Median $12.70 1 s.f, x N 0.0 = $0,00 Fee 10 N-STR-HARO Traffic Signals (equipment only) % 01 Lump Sum Traffic Signal-3 leg $140,000,00 1 I.s, x N 0% = $0,00 Fee 10 N-STR-TS3L Traffic Signal-4 leg $170,000.00 1 I.s. x N 0% = $0.00 Fee 10 N-STR-TS4L Curb and Gutter Lineal Footage Curb/Gutter: new $26.40 1 LF x N 0.0 = $0,00 Fee 10 N-STR-C/G Curb/Gutter: replace $37,00 1 LF x N 0,0 = $0,00 Fee 10 N-STR-C/GR Curb Ramps $1,161.00 1 LF x N 0,0 = $0,00 Fee 10 N-STR-CR Stonn Drain 801-2601-PWD-3899 $0,00 Stonn Mains, including manholes and catch basins: (Developer is responsible lor up to and including 24" mains) Hall Pipe Lineal Footage 18 inch Main $66,00 1 LF x N 0.0 = $0,00 Fee 10 N-S018-1/2 21 inch Main $72,00 LF x N 0,0 = $0,00 Fee 10 N-S021-1/2 24 inch Main $74,00 1 LF x N 0.0 = $0,00 Fee 10 N-S024-1/2 27 inch Main $86.00 1 LF x N 0.0 = $0.00 Fee 10 N-S027-1/2 30 inch Main $93,00 1 LF x N 0,0 = $0.00 Fee 10 N-S030-1/2 33 inch Main $96,00 1 LF x N 0,0 = $0,00 Fee 10 N-S033-1/2 36 inch Main $99,00 1 LF x N 0,0 = $0.00 Fee 10 N-SD36-1/2 42 inch Main $103,00 LF x N 0.0 = $0,00 Fee 10 N-S042-1/2 48 inch Main $122,00 LF x N 0.0 = $0.00 Fee ID N-SD48-1/2 54 inch Main $144.00 LF x N 0.0 = $0,00 Fee 10 N-S054-1/2 60 inch Main $165,00 LF x N 0.0 = $0.00 Fee ID N-SD60-1/2 COST SCHEDULE (6) Fees Last Revised July 2004 7500 ARROYO CIRCLE INDUSTRIAL #3A-2004 03/03/2005 1520 FAX 408 B4S 0429 CITY OF GILROY BLES ~01'/011 7116'20D~ 1"0111 "nOI C"a'o~" /1(\ int.l\ Mol" $lft7.oo / IF . N 0,0 2 W.oO Foe 10 N-SOGl;-l/. 7'2 ,('ten Mol;., $209 00 , 1.F . N 0.0 $0.00 FM ID "'-50n-1I2 76 Inch MAin 1~25_00 " If. N Q,O $000 roo ID N-ZD7fJ-112 04 Incll "",i.. ~41.00 / l.f' . N 0,0 - w.oo Fo" to N-$081-'II2 ~O inch ""Ill" S1~./ I)ll LF . N 0.0 ,,' $0.00 f,," In N"S090' 1/2 116 Incn Ma;n ~~7300 / LI" . N O,Q " SO,OO roo 10 N-SO~ll-1I2 Soutll"",1 Quad'ant Hyd'Ology Swdy y $000 Fe., lD "'-SO-QUAD (NOI Ir,.:lutled) NOn!, All 001.."..<1 ""<I,,,, "..Um.lIlld ,,,"" ...'11 be ..tljll~I...II" In" rl'l~. I" ""Or;! "''''0 limo llUildlnll 1'0",,111 are i&sued. Tho u',d""oJO"..d "0'''''' k, plO,,;'*' 'It:lua' cnn,tn,di(ln c:o.ta f", roc;"lcuh"ion 01 toe, and pay lIIlY undlll'ettima.od 'eeo plior 10 ron". ;1ICt!el'lIJnl~, If In.. t..t.Jtlr~~atl!d ,,,....,,, Ill.S lIIM 1110 ulimalo, lIle City of Oil'OY W~I 'efund Ine <I,II..",,'e.. r.~" !J'''<li<llI ..1'0/1 ,,,1""'~1'0>l ell.flI"D i"cludll1A "'1"~OCllOn 01 backyard dralnag" Will 00 Dllled~ /,/ [nlllMClllng D,v;liI(rn MIl"Y ,.10'1'1 ~c1 wt In" I,,,,,, of '05flllClron, ~~ Ac~pl"dby h ~ Gill~.p~:J Oalll C08!' SCHEDULE <,l) Fees Last Revised July 2004 7500 AI~I~OYO CllfCLf, INOli~; IHIAL 1/3A-ZOO~ CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Scvf\.,-\- ~\ CLr c,,-- }ss On Ap ~ I \ 41 ;),00 .:5 before me, personally appeare:te E.li R -ej n nCL r de and nle 01 0 Icer (e.g., Jane Doe, Not Name(s) of Signer(s) ~personally known to me D proved to me on the basis of satisfactory evidence ~'-'---r-.-~~",...-, GINA GOMEZ - a Commission #1353060 z ~. Notary Public - California ~ ) Santa Clara County i My Comm. Expires Apr 23,2006 ----.......-------------- to be the person~ whose name(~ is/~ subscribed to the within instrument and acknowledged to me that hc!sR8,'tR8Y executed the same in his/R~I:tl.~ir authorized capacit~, and that by hisJ.R~I,'tl'l~il signatureN on the instrument the person~, or the entity upon behalf of which the personN acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer{s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - 0 Limited D General o Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Top of Ihumb here Signer Is Representing: @1999 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402. www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800~876.6827 TO SAN JOSE LEA ~SLEY ROAD ~ o 0:: U 00 z>- _0 :EO:: <<0:: 0<< o >- o 0:: 0:: << .r SITE 1 1 GILLMAN DRIVE TO SALINAS VICINITY MAP NO SCME VICINITY SITE MAP Property Improvement Agreement No. 2004-28 Parcel Map @ Arroyo Circle Southpoint Business Park Associates A California Joint Venture APN: 841-69-038 Exhibit A