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PIA No. 2004-13 - Santa Clara County New Communities r-~ .)<._) City of Gilroy 17942899 Pages. 19 RECORDING REQUESTED BY: Fees Taxes Copies. AMT PAID 61.00 61.00 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" 007 8/10/2004 1: 59 PM (SP ACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No: 2004-13 Oak Commons, Tract 9595 - Wren Avenue APN: 808-08-011, 808-12-011, 808-12-026, 027 and 028 Wren Commons, Thomas Road Properties and Castlewood Commercial Properties 1 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. 2004-13 This agreement is made and entered into this 2nd day of August, 2004, by and between the City of Gilroy, a municipal corporation, herein called the "City" and Santa Clara County New Communities, _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: Oak Commons, Tract 9595, APN: 808-08-011, 808-12-011, 808-12-026,027 and 028. WHEREAS, the Developer requires certain utilities and public works facilities in order to service the property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this agreement and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer ha~ faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws ofthe 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 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 ofthe City on said real estate which the Developer or any contractor or subcontractor of the Developer, or any employee ofthe 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 ofthe foregoing in connection with the work performed by them in connection with this agreement, including without limitation all claims relating to injury or death of any person or damage to any property. d. To construct and improve all public works facilities and other improvements described in this agreement in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds ofthe bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this agreement, and shall secure payment to City and the Developer of any loss due to the default ofthe contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion ofthe improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in the amount often percent (10%) of the total contract price ofthe improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one-year maintenance period. 3 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 ofthe 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 web site (www.insurance.ca.gov) showi~g 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 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 4 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 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 ofthe property described in Exhibit A, the terms of this agreement shall apply separately to each parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement. 5 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. Within 95 days after Council acceptance of the public improvements, the City shall reimburse the developer from the traffic impact fee the actual costs or the itemized costs as outlined in the traffic impact fund, whichever is less, for the sidewalk and electroliers along the First Street parcel APN 808-12-026. When the parcel APN 808-12-026 develops, the reimbursed amount shall be due to the City from the future developers ofthat parcel (APN 808-12-026). 6. No work shall commence on any dry utility until dry utility plans are approved by the City and the utility companies. 7. The Developer shall provide to the City of Gilroy electronic files in a format acceptable to the City (DWG and TIP format) of the tract map and/or parcel map, improvement plans, and record drawings. 6 SECTION 9 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $3Sh.STL34 . IN WITNESS WHEREOF, City has executed this agreement as of J. (' C If ATTEST: ,\,_ ;/'{l,.(J ( ,) '----l--\-j{ / i L () f_:J:i f.., /( ! I Rhorlda Pellin CITY CLERK APPROVED AS TO FORM: ~ M,/ CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this agreement as of 7/ ;:J. 3 /0,-/ f . OW~... By: Craig P. Filice By:~~L: Bruno Filice By: ~~~ Loretta Filice -<pd ~~ Fred Lico By: By: John . ili , Jr., Trustee of the Filice Famil Revocable Trust Dated March 15, 1990 07 1:11/ elf Date '1~Z5(e1{- Date ~ Date 7-:2fp-O'-!- Date 7 - ~?r 01- Date By: 7 -2 ~~ O~ Date Fi . ce, trustee of the Timothy J. a nice Filice Family Trust Dated December 16, 1991 a California General Partnership; j-JJ-vf Date 1-2 ~-()~ B Date Craig P. Filice, Trustee of the Peter C. Filice Family Trust UTD, November 3, 1970, General Partner 07/.1. 7 (OLf Date By: Thomas Road Properties, LTD., a California Limited Partnership; General Partners 7 '" BY:-=~~~ Brun~ ~- ~ By: -, \~3N Date 07! () 7 let{ Date 7 . L ':Y- () .zJ B' B Date ~r2)-O~ . Filice, Trustee of the thy 1. Filice Trust Date B <d/ ? -.) J - () I Date By: o . Filice ., Trustee of the Filice Family R vocable Trust ~-u/d~~ Fred A. Lico, Trustee of the Fred A. Lico Trust 7-;2&-01 Date STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Property Improvement Agreement No, 2004-13, Oak Commons, Tract 9595 - Wren Avenue APN: 808-08-011, 808-12-011, 808-12-026,027 and 028 Wren Commons, Thomas Road Properties and Castlewood Commercial Properties On August 2,2004, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ,:; ) ~!I/JUU'- '/,,,,I ( {t, Signature of Notary Public 1...... - --- ..... -,.,,;~.r-~- .i'.. .' " ru-!?NDAPlli~ ~,..1 .\ CommlSSion# 1305615 r z ~.,;; ..~..; Notary Public - California f ! ' s,mta,.,,~ c~ara :~: ~f MyComm_ Expires.b'119 2005 -- - - __ __ ~'Ff:..".> ~ I per GC Sec. 40814; CC See, 1181 (Notary Seal) Castlewood Commercial Properties, a California Limited Partnership; General Partners By: .. / ~ >~~j.~q-~~ _. Bruno Filice c6c:/ ~ '1 \ 73\5t\ Date \ 0'11 ;) 7/ eLf Date By: By: c~ Filice Timo y . Filice, Trustee of the Maria ilice Survivor's Trust By: -<I~4~~ Fred A. Lico, As an Individual And Trustee of the Fred A. Lico Trust ,- l )'- O~ Date -)-/&-:;1 Date ) -c;l3 .oy Date 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. OWNER ACKNOWLEDGMENT: State of California L r\ O__r7"\ County of .5<J. (\0 \../l..J'\ \.J\ On ju~ 23 ,2004, before me \<0\\ L.~a n~ public, ~ f;s,ic! county and state, personally appeared Bruf1) H. t \C:JL, C).{'\ . ~ ,\~ 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 entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand: ~'~~ Notary's signature . . '" ~. Notary's printed name j ( _. ~~ Principal county of business: lSo.\\t--a. CJO-fC....... My commission number: \ 33Cc(D \ S My commission expires: t2 ,2.1-0 q OWNER ACKNOWLEDGMENT: State of Califo ia -..L . ( County of Ct ,1 I A.. C 11 r --- ~.YY~,~.:.~YKO~~~~~~~~~~ENY! ~ . . NOTARV PUBlIC-cALlFORfM 5 ilAAAAAAAAA~A~~~~~~~1f On ') - ;)- ~- tJ l , 2004, before me ~'I/ m J10nJ~notary public, in and for said county and state, personally appeared -,.. t.,pL L- .' '--v 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 entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand: --"- . ~ Notary's signature Notary's printed name Principal county of busineSs~ My commission number: My commission expires: '-, /7 tJnnJ.___' ~. ~l U~v- /Jy J~g.r-- ~( - )3- 0 b ,F'~--"'-- - ..t:J.a~~" !Vi JU.I,HN' 'f'c...,)ji;,F "" .) "'" .4'\ '. ' ,". "-~ . ~, 0. ';F-~--J.-I~-<~~~~', t~r'~fvH.,J,~ #1 '3i t'j'"li-''l" ~ .:q:j~d~J NC~~':~'~I;';H!~',.,'(;~F~,C~~N'A ~ ,_.~~~ ivfv {:,"(~'f(dt:', i:X~)ircs Mi:i.fCh ~3, ?G(X~ ~. OWNER ACKNOWLEDGMENT: State of Califomi ..J.,. /';J. County of c~ VYl G{., J?t ~ Oar Ji ~ d-b , 2004, before me ,T II /?7 . J!taolary public, in and for Id county and state, j1ersonally appeared ~ fA .T .? h 1/ /?J / -: /, , c.e. J r I"b J,. rY) .yt-11 Cf T' i-i. J,'c.L- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the pe son( s) acted, executed the instrument. Witness my hand: . " /J, . Notary's signature ~ I Notary's printed name Principal county ofbusirtess: My commission number: My commission expires: ,l7Jh r; --S ---. ,-.. .-- ;;;' ',1', OWNER ACKNOWLEDGMENT: State of Califi rn a J _ /" /J County of ~ '1"'I'l U ""-A--- On public, ? - ;1-7 - D Y , 2004, before me J'JI ;4'l in and for said county. and state, per~ally-app' ared (' /; . r, 1-,' /(e-- :JP hI? ..s ,~ a notary 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 entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand: Notary's signature Notary's printed n Principal county of My commission number: ~ t{ *:] .,.). 8 d-- J -1.']-0& My commission expires: ,-,,;~~~~'~~ j ~ 1_ . ~ P,' t J c.~_ -,~~~-,;j;~ jC,VIIII", ':>-." \:~,c~.....;;<"', ',':,(',",1;i~ f\/OTf.!,'Y PUf"UC'(J,! 1 "''', H I>' II,', ("'.... ':v~.{'~-"~';!:7 Sli.JTIGiJ-GI t:r\lH~"V" _ :(] '~:;! - My G.0mm. ~=/r,;:-f~5 M-"i't)r; It,)? <j) Ire V?St::D 7 !;;/IYj 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: E1 Revised: Revision Number: DATE: 22-Jul-2004 NUMBER: TRACT 9595 OAK COMMONS PROJECT LOCATION: 1 ST.& WREN PARCEL NUMBER: 808--08-11, 808-12-011, 808-12-026, 027, 028. OWNERIDEVELOPER: THE O'BRIEN GROUP MAILING ADDRESS: TELEPHONE NO: 650-377 -0300 PREPARED BY: JIM MAESTRI Account No, Key Code Fee: Credits: Amount Due: Account Description: Paid on Invoice # 100-2601-0000-3625 4904 $8,264,50 $0,00 $8,264,50 Special Public Works Serv 100-2601-0000-3605 4702 $333,656,96 $0,00 $333,656,96 Engring Plan Check & Insp DEFERED TO 410-2600-0000-3660 3302 $1,011,060,00 $0,00 BUILDING PERMIT Park Development Fee 420-2600-0000-3660 4501 $10,870,65 $0.00 $10,870,65 Storm Development Fee 432-2600-0000-3660 3301 $0,00 $0,00 $0,00 Str Tree Development Fee DEFERED TO 433-2600-0000-3660 4905 $617,870,00 $0,00 BUILDING PERMIT Traffic Impact Fee DEFER ED TO 434-2600-0000-3660 4402 $642,530,00 $0,00 BUILDING PERMIT Police Development Fee DEFER ED TO 435-2600-0000-3660 4509 $694,590,00 $0,00 BUILDING PERMIT Sewer Development Fee DEFERED TO 436-2600-0000-3660 4510 $254,820,00 $0,00 BUILDING PERMIT Water Development Fee DEFER ED TO 437-2600-0000-3660 4511 $245,230,00 $0,00 BUILDING PERMIT Fire Development Fee DEFERED TO 438-2600-0000-3660 4512 $82,200,00 $0,00 BUILDING PERMIT Public Facility Impact Fee DEFER ED TO 439-2600-0000-3660 4514 $176,730,00 $0,00 BUILDING PERMIT Library Impact Fee 720-0433-0000-3620 2202 $3,781,23 $0,00 $3,781.23 Const Water Use Fee 801-2601-PWDO-3899 4703 $0,00 $0.00 $0,00 Reimbursements 801-2601-PWDO-3899 4703 $0,00 $0,00 $0,00 Other Reimbursements Total $356,573,34 Payment Bond $4,095,712 Performance Bond $4,095,712 COST SCHEDULE (1) Fees Last Revised Sept 02 TRACT 9595 OAK COMMENS 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 1 01 22-Jul-2004 TRACT 9595 OAK COMMONS 1ST.& WREN 808--08-11, 808-12-011, 808-12-026, 027, 028. THE O'BRIEN GROUP 650-377 -0300 JIM MAESTRI COST SCHEDULE TYPE: PRELIMINARY ESTIMATE? N FINAL FEES? Y IDEFER PARK, POLICE, FIRE, PUBLIC FACILITY & LIBRARY FEES? DEFER SEWER, WATER, TRAFFIC FEES? NOTE: This Final Cost Schedule has been adjusted to the rates currently in effect INCENTIVE AGREEMENT FEES ONLY? N TO PERMIT? Y TO FINAL? N - - TO PERMIT? Y TO FINAL? N Site Information: Residential-Low? Residential.High ? Commercial-Low? Commercial-High? Industrial-General? Industrial-Warehouse? Assembly Hall? Common Area? Gross Acres: 0,000 13,050 0,000 0.000 0,000 0,000 0,000 0,000 Lots: o 137 o o o o o Units: o 137 Sq Ft: o o o o o o Commercial/Industrial Allocations: Sewer GPO: o Water GPO: o Reimbursements and credits: N Country Estates Water System? N Country Estates Sewer System? N Southeast Quadrant Hydrology Study? N Obata Industrial Park Credit? Front Footage/Square Footage Charges and Construction Water: Street Tree FF: Water FF: 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: 13,050 Construction Water FF: 575,0 0,0 $8,264.50 Special Public Works Services 100-2601-0000-3625 Maps: Final Map $1,565,00 + $10,00 / lot Y $2,935,00 Fee 10 N-FINALM N $0,00 Fee 10 N-PARCELM N $0,00 Fee ID N-ASSESM Y $0,00 Fee 10 N-WR-RESAD Y $0,00 Fee 10 N-SS-RESAD or N-SS-C/IAD Y $0,00 Fee 10 N-SD-QUADA Parcel Map $1,630,00 + $10,00 / lot Re-assessment Map (Assessment District Parcels) $175,00 + $20,00 / lot Administration Fees: Country Estates Water System (Not Included) Country Estates Sewer Trunk Main (Not Included) Southeast Quadrant Hydrology Study (Not Included) COST SCHEDULE (2) Fees Last Revised Sept 02 TRACT 9595 OAK COM MENS Miscellaneous Engineering Services: (Cost Schedules, Agreements, RIW Reviews and Other Misc, Services) $5,329,50 Fee ID N-MISC or N-MISCF 50 hr Misc Services $106,59 I hr. y $333,656,96 Engring Plan Check and Inspection (Based on total cost of public right-of-way improvements) 100-2601-0000-3605 -----E. hr Site grading and reinspection charges $106,59 I hr. y $0,00 Fee ID N-GRADINSP or N-GRADINSF Estimated Cost of Public Improvements $4,095,712 Fee ID N-PLANCK or N-PLANCKF $12,000,00 12% $0 $100,000 y $10,000,00 10% $100,000 $200,000 y 8% over $200,000 y $311,656,96 Payment Bond Amount for Offsite Improvements Performance Bond Amount for Offsite Improvements $4,095,712 $4,095,712 Impact Fees: Park Impact Fee 410-2600-0000-3660 DEFERED TO BUILDING PERMIT a,Residential-Low $10,340,00 I unit y $0,00 Fee ID N-PARK-DLD b,Residential-High $7,380,00 I unit y $1,011,060,00 Fee ID N-PARK-DHD Storm Drain Impact Fee 420-2600-0000-3660 $10,870,65 a.Residential-Low $555,00 I acre Y $0,00 Fee ID N-SD-RLD b,Residential-High $833,00 I acre Y $10,870,65 Fee ID N-SD-RHD c,Commercial $1,110,00 I acre Y $0,00 Fee ID N-SD-COM d,lndustrial $1,249,00 I acre Y $0,00 Fee ID N-SD-IND e,Assembly Hall $555,00 I acre Y $0,00 Fee ID N-SD-AH Obata Industrial Park Credits (Based on reimbursements due from oversized storm facilities) Obata Fee Credit $1,170,00 I acre Y $0,00 Fee ID N-SD-OBATA COST SCHEDULE (3) Fees Last Revised Sept 02 TRACT 9595 OAK COMMENS Impact Fees: Street Tree Fee 432-2600-0000-3660 Front Footage a,City Planting and Replacement $2.56 / f.f. x $0.00 Fee ID N-TREEPLNT N 0,0 b,lnspection and Replacement $0,36 / f.f. x $0,00 Fee ID N-TREEINSP y 0,0 $0,00 Traffic Impact Fee 433-2600-0000-3660 DEFERED TO BUILDING PERMIT a, Residential-Low $5,560,00 / unit Y $0,00 Fee ID N-TRAF.DLD b,Residential-High $4,510,00 / unit Y $617,870,00 Fee ID N-TRAF-DHD c,Commercial-Low Traffic (<= 4 trips/1 000 sf) $6,150,00 / k,sJ, Y $0,00 Fee ID N-TRAF-CLT d,Commercial-High Traffic (> 4 trips/1000 sf) $12,430,00 / k,s.f. Y $0,00 Fee ID N-TRAF-CHT e,lndustrial-General $2,400.00 / k,sJ, Y $0,00 Fee ID N-TRAF-IG f.lndustrial-Warehouse $1,770,00 / k.sJ, Y $0,00 Fee ID N-TRAF-IW Police Impact Fee 434-2600-0000-3660 DEFERED TO BUILDING PERMIT a,Residential-Low $2,890,00 / unit Y $0,00 Fee ID N-POLC-DLD b,Residential-High $4,690,00 / unit Y $642,530,00 Fee ID N-POLC-DHD c,Commercial $2,680,00 / k,sJ, Y $0,00 Fee ID N-POLC-COM d,lndustrial $120,00 / k,s,f. Y $0,00 Fee ID N-POLC-IND COST SCHEDULE (4) Fees Last Revised Sept 02 TRACT 9595 OAK COMMENS Impact Fees: Sewer Impact Fee 435-2600-0000-3660 DEFERED TO BUILDING PERMIT a. Residential-Low $7,090.00 unit Y $0,00 Fee ID N-SS-DLD b,Residential-High $5,070,00 unit Y $694,590.00 Fee ID N-SS-DHD c, Commercial/Industrial $2,270,00 / cgpd Y $0,00 Fee ID N-SS-C/I Country Estates Sewer Trunk Main Y $0,00 Fee ID N-SS-RESCG or N-SS-C/ICG (Not Included) Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531.00 / acre Y $0,00 Fee ID N-SS-OBATA Water Impact Fee 436-2600-0000-3660 DEFERED TO BUILDING PERMIT a,Residential-Low $2,600,00 / unit Y $0,00 Fee ID N-WATR-DLD b,Residential-High $1,860,00 unit Y $254,820,00 Fee ID N-WATR-DHD c, Com mercial/lndustrial $3,950,00 / kgpd Y $0,00 Fee ID N-WATR-C/I Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154,00 / acre Y $0,00 Fee ID N-WR-OBATA Fire Impact Fee 437-2600-0000-3660 DEFERED TO BUiLDING PERMIT a,Residential-Low $1,240,00 / unit Y $0,00 Fee ID N-FIRE-DLD b,Residential-High $1,790,00 unit Y $245,230,00 Fee ID N-FIRE-DHD c,Commercial $690,00 / k,s'!, Y $0,00 Fee ID N-FIRE-COM d,lndustrial $140,00 / ks'!, Y $0,00 Fee ID N-FiRE-IND Public Facilities Impact Fee 438-2600-0000-3660 DEFERED TO BUILDING PERMIT a,Residential-Low $3,100,00 / unit Y $0,00 Fee ID N-PF-DLD b,Residential-High $600,00 / unit Y $82,200,00 Fee ID N-PF-DHD c,Commercial $850,00 k,s.f Y $0,00 Fee ID N-PF-COM d,lndustrial $600,00 k,s'!, Y $0,00 Fee ID N-PF-IND Library Impact Fee 439-2600-0000-3660 DEFERED TO BUILDING PERMIT a,Residentiai-Low $1,810,00 unit Y $0,00 Fee ID N-L1B-DLD b,Residential-High $1,290,00 / unit Y $176,730,00 Fee ID N-L1B-DHD Water User Fee (Construction) 720-0433-0000-3620 Y $3,781,23 $2.76 /f.f. + $168,14 / a,c, Fee ID N-CONWATFF and N-CONWATAC COST SCHEDULE (5) Fees Last Revised Sept 02 TRACT 9595 OAK COMMENS 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-SD78-1/2 84 inch Main $241,00 / LF x N 0,0 = $0.00 Fee ID N-SD84-1/2 90 inch Main $257,00 / LF x N 0,0 = $0.00 Fee ID N-SD90-1/2 96 inch Main $273,00 / LF x N 0,0 = $0,00 Fee ID N-SD96-1/2 Southeast Quadrant Hydrology Study Y $0,00 Fee ID N-SD-QUAD (Not Included) 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 including reinspection of backyard drainage will be billed at the Engineering Division hourly rate in effect at the time of inspection. Accepted "ii: (\ '-..... .------_...'- \ 1 ~ \ .." ". '-'<"-- ---- ~~... ~-:-:._.- - ,.,.,.,. * ... - '. ZTc/01./ (f Lrea Date: "7- .) 7- C}'i COST SCHEDULE (8) Fees Last Revised Sept 02 TRACT 9595 OAK COM MENS ~ MANTElU -N- ~ w > ~ ~ l- e w <( ~ w 0 g: a:::: (/) FIRST STREET >- :c w a:::: w () W :J a::: I- PROJECT :z :::::> :z ~ :c 0 () ~ SITE <C a:::: w --J --J ~ BENCHMARK THIRD STREET VICINITY MAP NO SCALE VICINITY SITE MAP Tract 9595 - Oak Commons Wren A venue APN: 808-08-011,808-12-011, 808-12-026,027, and 028 Wren Commons, Thomas Road Properties and Castlewood Commercial Properties Exhibit A r c DEL~W-':lLETOFl DUPLICATE ~~Lt ,I'- ~1 , .- ~ Vl ~ ;;;t 0 r:; ~~ S DJ '. ~ Lr1 C'l,... ,... .. ., ~Q ~ Z ~ 5 z > ,... ~ z " Lr1 ~ , o o t""' t""' > ;<l [Jl tfl >J <;1 (0v E)) ~'! -b , , . . ~ i / G) -..j ::tI ;=~o ::IlO1OJ Ocnm --< )> ::tI OZ.... )>~ ",--l~ ~ffio ~~o cnZ )>z Om ::Ilr- 'r .j>.-< 0- q:>c.. ~::tI -..j. c:n I\) CD Cl ~ <0 <:> <.n' ""to> <:> <0 "'''' to> 00 ~::- ..,.~ ...... o ....... Q) cnt1lC >~o -n ..~~t:J '" ~"T1Z .. ~ ~",8o I>> >>z .... 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