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PIA No. 2006-03 - Southpoint Business Park Associates RECORDING REQUESTED BY: DOCUMENT: 18816463 111111 II.! 11111111/1 III/I 1m lilli/III III City of Gilroy WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 BRENDA DAVIS SA~TA CLARA COUNTY RECORDER Recorded at the request of Gr-antee ) . ~ . Pages I 9 Fees 61 00 Taxes Copies AMT PAID 6: 00 RDE ~ 008 2/22/2006 2 17 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No: 2006-03 Tract 9788 - Arroyo Circle APN: 841-69-018 Southpoint Business Park Associates A California Joint Venture -1- 2/2/2006 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. 2006-03 This agreement is made and entered into this 6th day of February ,2006, 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: 841-69-03 8. 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- 1/3112006 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 ( 1 0(010) 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 ofthe 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- 1/3112006 admitted surety in the amount of ten percent (10010) 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 (100010) 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: (I) 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 ofInsurance'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 I 00% of the estimated value of the improvements to be constructed by Developer pursuant to this agreement. All -4- 1/3112006 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- 1/31/2006 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- 113112006 SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $ 2,453.25 IN WITNESS WHEREOF, City has executed this agreement as of pet) I ({a,'LL! 7 J lCO~ , A1~ST /J . ,-at lid 1'-0 exccl-. ~ Rhonda Pellin CITY CLERK APPROVED AS TO FORM: ... \ \//-Jl ' , /Z; _ /) /} (/) ~ C ~-Zv-- CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agreement as of ). - ~ - 0 c-. OWNER: Southpoint Business Park Associates, A California Joint Venture By: . Filice, Jr. General Partner By: Louie P. Ter ini General Partner 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. -7- 2/1/2006 STATE OF CALlFOR\:IA ) )ss. COUNTY OF SA;-.rrA CLARA ) TITLE OF DOCLJME'\T: Property Improvement Agreement No. 2006-03. Tract 9788- Arroyo Circle. APN: 84 I -69-018. Southpoint Business Park Associates. A California Joint Venture On February 7.2006. bct())'c me. Rhonda Pcllin. Notary Public. personally appeared Jay Baksa personally known to me to be the person \\'hose 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 behal f of which the person acted. executed the instrument. WITNESS my hand and official seal. ~1U:{f~ i2u (,~u Sit-!-llaturl' (If '\(\t~W\ Puhlil' Ja~---:=~~~J I _Pld:.c--. ! IanIa Clara Ccx.nty - _ "'"""'"" ~~~~~1~~ per GC Sec. 408 I 4: CC Sec. 1181 (:\I otary Seal) State of Oa /; 'Ie r11IC~ County of ~ 54 CI nk Oirt reV On ~ II Iv' h before me, ,It ivied \.} . & J7 ~ll/J a Notary Public in and for said State, per onally a peared . I ." I personally kn~ to me (or proved to me on the basis of satisfactory evidence) to be~erson(s) whose name(~are ~cribed to the within instrument and acknowled~~o me th~she/they executed the same in ~er/their authorized capacity(ies), and that b~er/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an Name (typed or printed) Signature Pr CpR ,-tl \ nt}rC' 'f /) Ii it 1AS rei ilL! 1\ i Property Improvement Agreement No. 2006-03 ST ATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) o~-I-O~, beforeme~~~1 AJ07ltLLt ?()I!::L(~ personally appearedJOlfIU 11. PIL/CL/ .:J72- . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ .;1/ "....,'';'7"''1";.. ... ',r'/7YY" r f " '-"',' -, T...e . . ~ ''; i'{ y ~ ~ ~ (0'--=--" ~'S'~~ ,"8 ,~ ,-- C/ ,~\ '.. :.::. 'f.-.. _"".~ \ -- I' I' ; .~ L - <'" I ~ 111 I ' ~:'? ~;;.._~/ M) , .~ .!' .. . < ... ~.' _. ..J,.. .,.,,,.,', .....l .,i..- i.... ,. per GC Sec. 40814; CC Sec. 1181 -8- 2/1 /2006 ENCOMPASS NO DATE NUMBER PROJECT LOCATION PARCEL NUMBER OWNERIOEVELOPER MAILING ADDRESS TELEPHONE NO PREPARED BY Account No Key Code 100-2601 -??oo.3625 4904 100-2601-??oo-3605 4702 420-2600-??oo-3660 4501 432.2600-??oo-3660 3301 433-2600-??oo-3660 4905 435-2600-??oo- 3660 4509 436- 2600-??oo-3660 4510 440-2600-??oo-3660 4515 720-0433-0000-3620 2202 801.2601-PWOQ-3899 4703 801.2601 -PWOQ-3899 4703 COST SCHEDULE CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE E1 ReVIsed ReVISIon Number January 31, 2006 2006-03 Arroyo Circle. Tract 9788 841-69-018 2!21200fj South point Business Park Associates L. Loveless 408-846-0450 Fee CredIts Amount Due Account Descnption Paid on Invoice .. $2.45325 $000 $2.45325 Special Public Wor1c.s SaN $000 $000 $000 Engnng Plan Check & Insp $000 $0.00 $000 Storm Development Fee $000 $0.00 $0.00 Str Tree Development Fee $000 $000 $000 Traffic Impad Fee $000 $0.00 $000 Sewer Development Fee $000 $000 $000 Water Development Fee $0.00 $0.00 $000 Public Faallty Impact Fee $000 $0.00 $0.00 Canst Water Use Fee $000 $0.00 $000 Reimbursements $0.00 $000 $000 Other Reimbursements Total $2.453 25 (11 Fees Last Revised January 1, 2005 Tract 9788. Arroyo Circle 21212006 CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION FINAL COST SCHEDULE ENCOMPASS NO DATE NUMBER PROJECT LOCATION PARCEL NUMBER OWNERIDEVELOPER MAILING ADDRESS TELEPHONE NO PREPARED BY E1 I 31.Jan-2006 2006-03 Arroyo Circle - Tract 9788 841-69-018 Southpolnt Business Pari< Associates L. Loveless 408-846-0450 COST SCHEDULE TYPE PRELIMINARY ESTIMATE? N IDEFER PUBLIC FACILITY FEE? DEFER SEINER, WATER, TRAFFIC FEES? NOTE: This Final Cost Sdledule has been adjusted to the rates currently In effect FINAL FEES? Y INCENTIVE AGREEMENT FEES ONLY' N TO PERMIT? N TO FINAL? N - - TO PERMIT? N TO FINAL? N Reimbursements and credits N Country Estates Water System? Gross Acres Lots Units Sq Ft 0,000 0 0 0,000 0 0 0000 0 0 0000 0 0 0,000 0 0 0,000 0 0 0000 0 0 0000 0 Sewer GPD Water GPD 0 0 GRANDFATHERED N Southeast Quadrant Hydml"9Y Study? N Obata Industnal Par1<: Credit? Site Information Residential-Low? ReSIdential-High? Commeraal-Low? Commeroal-HIQh ? Industnal-General ? Induslnal-Warehouse ? Assembly Hall? Common Area? Commeraal/lndustnal Allocations Front Footage/Square Footage Charges and ConstructIon Water Street Tree FF Water FF 0,0 0,0 Pavement SF Median SF 0,0 0,0 Sewer FF 0,0 Sidewalk SF' 0,0 Storm FF 0,0 Curb/Gutter F F 00 Const Water Acres to be Developed 0000 Construction Water FF 0,0 Speaal Public Works Services 100-2601-0000-3625 $2.45325 Maps $0.00 Fee ID NO-FINALM Final Map $2,285 00 + $1500 /Iot N Parcel Map $2.48500 + $1500 /Iot N $000 Fee ID NO-PARCELM Re-assessment Map (Assessment District Parcels) $260 00 + $30 00 / lot N $000 Fee ID N-ASSESM AdministratIon Fees Southeast Quadrant Hydrology Study (Not Included) $000 Fee ID N-SD-QUADA N Scanning Fee COST SCHEDULE # of Map & $800 I sheet Y $000 Fee ID NO-SCAN Improvement Plan sheets NOTE For Improvement Plan Sheets, multIply by two (scanning to be done at the beginning and end of the project) (2) Fees Last Revised January 1. 2005 Tract 9788 - Arroyo C,rcle 21212006 Miscellaneous Engineenng Services (Cost Schedules, Agreements, RNI/ ReVIews and Other Mise Sef'V1css) 15 hr Mise Services 516355 I hr Y 52.45325 Fee 10 N.MISC Engnng Plan Check and Inspection 100-2601-??oo-3605 5000 (Based on total cost of public right-of-way Improvements) ~ hr Site gradIng and 516355 I hr N 5000 Fee 10 NO-GRAOINS relnspectJon charges EstImated Cost of Public Improvements SO Fee 10 NO-PLANCHK 12% 50 5100,000 y 5000 10% 5100,000 5200,000 y 5000 8% over 5200,000 y 5000 Payment Bond Amount for Offsrte Improvements SO Performance Bond Amount for Off sIte Improvements SO Impact Fees Storm Drain Impact Fee 420.2600-??oo-3660 5000 3.ResldentJal-Low 5&4 7 00 I acre y 5000 Fee 10 NO-SD-LO b. ResIdential-High 51,01500 I acre Y 5000 Fee 10 NO-SO.HO c CommerCIal 51,75200 I acre Y 5000 Fee 10 NO-SO-C d,lndustnal 51,29300 I acre y 5000 Fee 10 NO-SD-I eAssembly Hall 5&4700 I acre y 5000 Fee 10 NO-SD-AH Obata lndustnal Park Credits (Based on reimbursements due from oversized storm faalltles) Obata Fee Credit 51,17000 I acre y 5000 Fee 10 N-SO-OBATA Street Tree Fee 432 -2600-0000-3660 5000 Front Footage a City Plantmg and Replacement 5256 Iff x N 0,0 = 5000 Fee 10 NO- TREEPL T b InspectIon and Replacement 5036 Iff. x y 00 = 5000 Fee 10 NO- TREEINS Traffic Impact Fee 433- 2600-??oo- 3660 5000 a.Resldentlal-Low 59,54500 I unit Y 5000 Fee 10 N1-TRAF.LO b ResidentIal-High 57.737 00 I unit y 5000 Fee 10 N2-TRAF-HO cCommeroal-Low Traffic (< 10 75lnpsJ1oo0 sf) 510,56000 I k s f Y 5000 Fee 10 N3- TRAF.CL d,CommerClal-Hlgh Traffic (>= 10.75InpsJ1000 sf) 521,331 00 I k.s f Y 50.00 Fee 10 N3- TRAF-CH e. tndustnal-General $4,18600 I k s f Y 5000 Fee 10 N4- TRAF-IG f Industnal-Warehouse 53,034 00 I k sf Y 50.00 Fee 10 N4.TRAF-IW COST SCHEOULE (3) Fees Last Revised January 1. 2005 Tract 9788 - Arroyo Clrde Sewer Impact Fee 435-2600-??oo-3660 SO 00 a Residential-Low 51177800 I unit Y SO 00 Fee 10 Nl-SS.LO b, ResidentIal-High $6.37400 I unit Y 5000 Fee 10 N2-SS-HO c,Commerdall1nduslJial 53.727 00 ICllpd y 50.00 Fee 10 N5-SS-Cn Obata Industnal Pari< Credits (Based on reimbursements due from overSized sewer faahties) Obala Fee Credit 553100 I acre Y SO 00 Fee 10 N.SS.OBA T A Water Impact Fee 436-2600-??oo-3660 50.00 a,Resldential-Low 53.57900 unit Y SO 00 Fee 10 N1-WATR-LO b,Resldential-Hlgh 51.44700 I unit y 50.00 FeelO N2-WATR-HO cCommeraalllndustnal 55.610 00 I kgpd Y SO 00 Fee 10 N5-WTR.Cn Obata Industrial Pafi( Credits (Based on reimbursements due from overSized water faolttles) Obata Fee Credit 515400 I acre Y SO 00 FeelO N.WR.OBATA Public Faahtles Impact Fee 440-2600-0000-3660 SO 00 a,Resldentlal-Low 52029000 unit Y SO 00 Fee 10 Nl.PF.LO b, Residential-High 517.18800 I unit Y SO 00 Fee 10 N2-PF.HO c,Commeraal 52.95000 I k s f Y SO 00 Fee 10 N3-PF.C dlndustnal 51.31000 I k s f y SO 00 Fee 10 N4-PF-1 Water User Fee (ConstructIon) 720-0433-0000-3620 y SO 00 5276 Iff SO 00 Fee 10 NO-CONWTFF plus 516814 I ac SO 00 Fee 10 NO-CONWT AC Front Foot Charges (Used to charge and reimburse fees for existmg infrastructure) Water 801-2601 -PWDO-3899 SO 00 Water Mains, Induding fire hydrants. valves and box (Developer is responsIble for up to and Indudlng 12" mains) Ha~ Pipe Lineal Footage Inch MalO $42.00 LF x N 0.0 SO 00 Fee 10 N-WR06-112 Inch Main 544 00 LF x N 0.0 = SO 00 FeelO N-WR08-112 10 Inell Mam 55100 LF x N 00 = SO 00 Fee 10 N-WR10-112 12 Inch Main 556 00 LF x N 0.0 = SO 00 FeelO N.WR12-112 14 inch Main $6100 LF x N 00 = SO 00 Fee 10 N-WR14-112 16 Inell MalO $67.00 LF x N 0.0 SO 00 FeelO N-WR16-112 18 10m Main 57300 LF x N 00 SO 00 Fee 10 N-WR18-112 24 Inch MalO 589 00 I LF x N 0.0 = SO 00 Fee 10 N-WR24-112 30 Inch Main 599 00 LF x N 0.0 = SO 00 Fee 10 N.WR30-1I2 36 Inell Main 511400 LF x N 00 = SO 00 FeelO N-WR36-112 Country Estates Water System y SO ()() Fee 10 N-WR-RESCE (Not Induded) COST SCHEDULE (4) Fees Last Revised January 1. 2005 21212006 Tract 9788 - Arroyo Circle 2/2/2006 Front Foot Charyes Sewer 801-2601-PWDO-3899 $000 Sewer Mains, Indudlng manhole (Developer is responsible for up to and indudlng 12" mains) Ha~ PIpe lineal Footage 6 Ind1 Main $7900 LF x N 00 = $0.00 Fee ID N-SSOO-1/2 Inrn Mam $8100 LF x N 0.0 = $000 Fee ID N-SSOB-1/2 10 inch Main S8700 LF x N 00 = $000 Fee ID N.SS10-1/2 12 Inci1 Main $89 00 LF x N 0.0 = $000 Fee ID N-SS12-1/2 15 lndl Main $94 00 LF x N 0.0 $0.00 Fee ID N-SS1S-1/2 18 Inell Mam $101.00 I LF x N 0.0 SO 00 Fee ID N-SS1B-1/2 21 Inch Main $11000 I LF x N 0.0 $000 Fee ID N-SS21-1/2 24 Inm Mam $11400 I LF x N 00 = $0.00 Fee ID N-SS24-1/2 27 Ind1 Main $132.00 LF x N 00 = $000 Fee ID N-SS27-1/2 30 indl Main $15500 LF x N 0.0 = $000 Fee ID N.SS30-1/2 33 Inch Main $170.00 LF x N 00 = $000 Fee ID N-SS33-1/2 36 lorn Main $19300 LF x N 00 SO 00 Fee ID N-SS36-1/2 39 inch Main S228 00 LF x N 00 SO 00 Fee ID N.SS39--1/2 42 Inch Main $286 00 I LF x N 00 = $000 Fee ID N-SS42-1/2 Street Improvements 801 -2601-PWDO-3899 $000 Pavement. Sidewalks & Medians Square Footage ACIBlke path base S238 I 51 x N 0.0 = SO 00 Fee ID N-STR.ACB ACIBlke path pvmt S235 5 f x N 00 = SO 00 Fee ID N-STR-ACP Sidewalk new S901 sf x N 00 = SO.OO Fee ID N-STR.SNV Sidewalk replace $1258 sf x N 00 = SO 00 Fee ID N-STR-SM'R Resurfacmg S235 sf x N 00 = SO 00 Fee ID N-STR-RESU Landscaped Median $1953 sf )( N 00 SO 00 Fee ID N-STR-LANM Hardscaped Median S1116 I sf x N 00 SO 00 Fee ID N-STR-HARD Traffic Signals (equipment only) % of Lump Sum Traffic Slgnal-3 leg S122.927oo I I s x N 0% $0.00 Fee ID N-STR-TS3L Traffic Slgnal-4 leg S149.7oo 00 I Is )( N 0% $000 Fee ID N-STR- TS4L Curt> and Gutter Lineal Footage Curb/Gutter new S23 00 LF x N 00 = SO 00 Fee ID N-STR.C/G Curb/Gutter replace S31 45 I LF x N 00 $000 Fee ID N.STR-C/GR Curb Ramps $101500 I LF x N 0.0 SO 00 Fee ID N-STR.CR COST SCHEDULE (5) Fees Last Revised January 1. 2005 Tract 9788- Arroyo C,rcle Front Foot Charges Storm Drain Storm Mains, indudmg manholes and catch basins (Developer IS responSIble for up to and indudlng 24" mains) Ha~ Pipe 18 Inell Main $6800 I LF x 21 Inell Main S7400 I LF x 24 Inch Main S7600 I LF x 27 Inell Mam S8900 LF x 30 Inell Main S96 00 LF x 33 Inell Main S9900 LF x 36 Inch Main S10200 LF x 42 Inell Main S106 00 LF x 48 Inell Main S12600 LF x 54 Inch Mam S148 00 LF x 60 Inch Main S 1 70 00 LF x 66 Inch Mam S19300 LF x 72 Inch Main S21600 LF x 78 inch Mam $232 00 I LF x 84 Inch Mam S249.00 LF x 90 Inch Main S265 00 LF x 96 Inell Mam S282 00 I LF x Southeast Quadrant Hydrology Study (Not Induded) 801-2601 -PWDO-3899 lineal Footage N 00 SO 00 Fee 10 N.S01B-l/2 N 0.0 SO 00 Fee 10 N.S021-1/2 N 00 SO 00 Fee 10 N-S024-1/2 N 0.0 SO 00 Fee 10 N.S027-1/2 N 00 = SO 00 Fee 10 N.S030-1/2 N 00 = SO 00 Fee 10 N-S033-1/2 N 00 = SO 00 Fee 10 N-S036-1/2 N 00 = SO 00 Fee 10 N-SD42-1/2 N 0.0 = SO 00 Fee 10 N-S04B-1/2 N 00 = SO 00 Fee 10 N.S054-1/2 N 00 $000 Fee 10 N.SD60-1/2 N 00 = $000 Fee 10 N-SD66-1/2 N 00 = $000 Fee 10 N-S072-1/2 N 00 = $000 Fee 10 N-S078-1/2 N 00 = $000 Fee 10 N.S084-1/2 N 0.0 $000 Fee 10 N.SOOO-1/2 N 0.0 = $000 Fee 10 N-S096-1/2 Y $000 Fee 10 N-SO-QUAO NOTE All deferred and/or estImated fees Will be adjusted to the rates m effed 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 relnspectJon charges Indudlng reinspectlOn of backyard dram age will be billed at the Englneenng DVlSlon hourly rate In effect at the time of inspectIOn COST SCHEOULE Accepted by ~ :2 - 3 -lJv Date (6) Fees Last Revised January 1, 2005 2/2/2006 $000 Tract 9788- Arroyo Circle 2f212006 Oversizing Schedule (Used to reimburse oversized Infrastructure) Total Oversized Water, Sewer and Storm Drain MalO Reimbursement $000 Total Oversized Water Main Reimbursement (Developer 1$ responsIble for up to and Including 12" mains $112.00 IlF) $000 Oversized Minimum 12" main OverSIzed Full Pipe $Iloot Full Pipe Slloot Oversized Footage ReImbursement 14 Ind1 Main S12300 $11200 X 0.0 $0.00 N 16 Inrn Main SI3400 S1 1200 X 0.0 = SO 00 N 18 Inm Main $14600 SI 12 00 X 00 = $000 N 20 Inch Main S163 00 $11200 X 0.0 = $000 N 24 Inell Main $178 00 S1 1200 X 00 = SO.OO N 30 Inch Main SI97.00 SI 12 00 X 00 SO 00 N 36 Inch Main S228 00 - Sl1200 X 00 = SO 00 N Total Oversized Sewer MalO ReImbursement (Developer IS responsible for up to and indudlng 12" mains S17900 IlF) SO 00 OverSized Minimum 12" main Oversized Full Pipe SIlOOI Full Pipe SIloo! Oversized Footage Reimbursement 15 Inell Main S I 88 00 S17900 X 00 = $0.00 N 18 Inen Main S202 00 S I 79 00 X 00 : SO 00 N 21 Inell Main S220 00 S 179 00 X 00 = SO 00 N 24 lnen Main S228 00 S 179 00 X 0.0 SO 00 N 27 Inell Main S263 00 S I 79 00 X 00 = SO 00 N 30 Inell Main S31000 S17900 X 00 = $000 N 33 Inell Main S34 1.00 S 179 00 X 00 SO 00 N 36 Inch Main S385 00 S 179 00 X 0.0 = SO 00 N 39 Inell Main S45700 S 179 00 X 00 = SO 00 N 42 incn Main S571 00 S 179 00 X 00 = SO 00 N Total Oversized Storm Drain Main Relmbmnt (Developer is responsIble for up to and Indudlng 24" mainS S15200 IlF) SO 00 Oversized Minimum 24" main Oversized Full Pipe Slloot Full PIpe Stroot OverSIzed Footage Reimbursement 27 Inell Main S 178 00 S15200 X 00 SO 00 N 30 Inell Main S19100 S15200 X 00 = $000 N 33 Ind1 Main S 197 00 S15200 X 0.0 $000 N 36 Inell Mam $204 00 S 152 00 X 0.0 = SO 00 N 42 Ind1 Main $21200 S15200 X 00 = $000 N 48 Inell Main S251 00 S15200 X 0.0 SO 00 N 54 ,nell Main S296 00 SI5200 X 00 = SO 00 N 60 In ell Main S34 1 00 S15200 X 00 $000 N 66 Ind1 Main S386 00 SI5200 X 00 SO 00 N PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (1) Fees Last ReVised January 1, 2005 Tract 9788- Arroyo Clrde 21212006 Oversizlng Schedule ContInued (Used to reimburse oversized infrastructure) Oversized StOITTl Drain Main Relmbmnt Continued Oversized Minimum 24" maln Oversized Full Pipe snoot Full Pipe $l1oot Overmzed Footage Retmbursement 72 Inch Main $432 00 $ 1 52 00 X 0.0 $000 N 78 Inch Mam $46500 $15200 X 0.0 = $0.00 N 84 inch Main $498 00 515200 X 0.0 = 5000 N 90 Inch Main 5531.00 5152 00 X 00 = 5000 N 96 Inch Main 5564 00 $15200 X 00 = 5000 N PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (2) Fees Last ReVised January 1, 2005 Tract 9788 . Arroyo Clrde I I I TO SAN JOSE LEA ~Sl.EY ROAD d a: U 00 z>- -0 ~a: ~~ r SITE 1 1 TO SAUNAS GILLMAN DRIVE VICINITY MAP NO SCAlE VICINITY SITE MAP Property Improvement Agreement No: 2006-03 Tract 9788 - Arroyo Circle APN: 841-69-018 Southpoint Business Park Associates A California Joint Venture Exhibit A