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Filice, J. and Sons - PDA No. 94-32RECORDING REQUESTED BY: C��/�� A ..'ty of Gilroy? 0 WHEN RECORDED, MAIL TO: city of Gilroy -17 7351 Rosanna Street (l Gilroy, CA 95020 WCti7aL7� I , PROPERTY DEVELOPMENT AGREEMENT 2603948 /o�� Recorded at the request of Chicago Title Insurance Company AUG 0 3 1994 8:00 AM Brenda Davis, Recorder SANTA CLARA COUNTY, OFFICIAL RECORDS COMMERCIAL, INDUSTRIAL, INSTITUTIONAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 94 -32 ' This agreement made and entered into this lst day of. August._ 19 94 . by and between the City of Gilr , a munici� a corporation, rein ca ad the "City" and J. Filice & Sons A Calif* i , a real property owner developer or subdivider, erein called the "Developer". WHEREAS; a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate known as and called: 8555 San Ysidro Avenue, portion of APN 835 -04 -056 and, 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. NOW THEREFORE, in consideration of the 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 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 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. 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 and other Regulations. b. To grant to the City without charge, free and clear of encumbrances, any and all stipulated 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. -1- ��k Z L.n t rn b• rn CA Cil C. To indemni and hold the City h—less and free frost all damage and liabilii done to any utility public facility ar other material or installation of the utility on said real estate which the Developer or any conrtractor or * .. ntractor of the Develooper,rOr, any loyee'• thereof, sal do in grading or working upon said d. To construct and improve all public works facilities and other improvements as set -out herein, according to the standards heretofore established, and according to the grades, plans and E thereof, all as approved by the city Engineer, and shall furnish two (2) good and sufficient bonds. one shall be executed in the face amount of no less than $ �456 7�56,Oand the other shall be executed in an amount no les8 than 508 of the above mentioned bond and shall secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement hereunder, and as provided for in Section 4200 -4210 of the Government Code of the State of California, the codes, ordinances, Resolutions, and Regulations of the City, and this agreement. The faithful performance bond hereinabove provided for, shall by the terms remain in full force and effect for a period of one (1) year after the completion and acceptance of said work, to guarantee the repair and replacement of defective material and faulty workmanship. In lieu of said faithful performance bond for maintenance, the Developer may furnish a maintenance bond in the amount of 108 of the total contract price (with a minimum amount of one thousand dollars, $1,000.00) to cover the one (1) year maintenance period. e. That upon approval of the final map of the subdivision, the record of survey or 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. SECTION 3 That 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 within one year from and after the date and year first above written. 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 J provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under the laws of the state of California or the Codes, ordinances, Resolutions 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 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. -2- M r c.T -v m CJl N sEcrrON E N5 4 5 PAGE 1 553 The Developer will pa for a daily sewer and water allocation. The allocation limits are as follows: sewer capacity not to exceed: 3400 qpd Peak water use not to exceed: 8000 gpd The City will attempt to provide additional capacity at the then current rate. If additional capacity is not available, the Developer agrees to maintain sewer and water use at or below the amounts purchased. The Developer shall have the option of measuring sewer effluent by: a. Installing and maintaining a•sever effluent meter. said meter shall meet city standards and specifications, or b. measuring the buildings water consumption through the water meter. Irrigation meters are required. PENALTY: overuse of sewer and water allocations shall be penalized under the Rules and Regulations adopted by the Gilroy City council. SECTION 9 That the following General stipulations and the attached stipulations shall be ccapieted subject to the approval of the Director of Public Works. 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 500 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. SECTION 10 That the attached Development Cost Schedule enumerates all fees and their extensions. i -3- N5 4 6 PAGE 1 554 TOTAL AMOUNT DUE CITY $643,757.77 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. Z ATT City Clerk Susanne E. Steinmetz BY FORM APPROVED: BY C— City Attorney Nvaff,., E2 DATE e /0 1 / 9 dr a 0. DEVELOPER J. Filice and Sons, a California limited BY: V Its General Partners 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. STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA /'1 / �� bef re me - .��4N�,. C)/4//Acc ase /, ,�• 'hoc personally known to me (or prow to me on the basis of sates actory evidence) to be the person(s) whose n (s) are s cribed to the within instrument and acknowledged to me that ,she ey in is her /their authorized capacity(ies), and that by his /her /their signature(s) on a instrument the person(s) or the entity upon behalf w ich the person(s) acted, executed the instrument. WITNESS y hand d official seal. Signa GC Sec. 40814; CC Sec. 1181 -4- T My Comm. E E�lif. • JANET K. WALLA �[ Comm. # 999526 S vow NOTARY PUBLIC - CALIFORNIA ` z Santa Clara County Q. xpires July 23.1997 (F N \ Ns 46 PAGE 1555 STATE OF CALIFORNIA } COUNTY OF SANTA CLARA } SS. On JULY 22 , 19 94 , before me, MARY K. FINLEY, a Notary Public in and for said County and State, personally appeared JOHN S. FILICE AND ORLAND D. ERENO 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 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. (Notarial stamp or seal) MART K. FINLEY ECPOI Y: AU UST 22, 1996 Q MARY K. FINHY Conan. # 968424 c 3 NOTARY PUBUC . CAUFQ4MA L Santa Clara County D F My Conm. Expires Aug. 21. 1996 N 5 4 6 PAGE 1 556 Stipulations to Property Development Agreement No. 94 -32 1. Improvements: The developer is to perform all of the improvements as shown on the plans entitled ~San Ysidro Avenue, City of Gilroy, Street widening" as designed and prepared by Greiner, Inc. 2. Hospital Reimbursement: Developer understands and acknowledges that a portion of the front foot charges applicable to this development in the amount of one Hundred Fifty one Thousand Seven Hundred Seventy Eight Dollars and 66/100 ($151,778.66) shall be used by the City to reimburse South Valley Intercommunity Hospital (Hospital) for improvements made by Hospital in connection with that certain Development Agreement by and between the City and Hospital dated May 11, 1987. 3. Phase IV Reimbursement: Developer understands and acknowledges that a portion of the front foot charges applicable to this development in the amount of one Hundred Fifty -Eight Thousand Three Hundred Fifty -Seven Dollars and 00 /100 ($158,357.00) shall be used by the City to reimburse Phase IV, outlets (Phase IV) for their share of the non Traffic Impact reimbursements in connection with that certain Development Agreement by and between the City and Phase IV dated March 7, 1994. -- PAGE 15 5 7 ,� G, Gt1\\ ITE .410 9�1 T 00 EXHIBIT A LOCATION MAP DEVELOPMENT AGREE-\T-NT 94-32 ME : II CURRENT FEES CITY OF GILROY � 5 4 G PAGE 1558 DEPARTMENT OF PUBLIC WORKS DATE: 14- Jun -94 ENGINEERING DIVISION ---- - - - - -- FINAL CHARGES NUMBER: 94 -32 PROJECT LOCATION: 8555 San Ysidro ------------------------------------------------------- Ave., Max Club & Ph. 5 PARCEL NUMBER: PORTION OF APN 835 -04 -056 OWNER /DEVELOPER: ----------------------------------------------7-------- J. Filice and Sons, A Calif. Limited Partnership MAILING ADDRESS: ------------------------------------------------------- 7888 Wren Ave. ------------------------------------------------------- TELEPHONE NO: 847 -4224 PREPARED BY: ------------------------------------------------------- M. Fachin Key ------------------------------------------------------- G/L Account Account No. Code Fee: Credits: Amount Due: -- Description: ------ - - - - -- ---------------- - - 100- 2600 -3- 600400 - - -- 4904 ------- - - - - -- $1,232.00 ------ - - - - -- $0.00 -------- - - - - $1,232.00 PW Services 100 - 2600 -3- 600412 4702 $36,017.50 $0.00 $36,017.50 Plan Ck /Isp 420 - 2600 -3- 680200 4501 $30,055.92 $0.00 $30,055.92 Storm Fee 431 - 2600 -3- 680300 5001 $0.00 $0.00 $0.00 Undrgrnd Fee 433 - 2600 -3- 681000 4905 $223,032.00 $0.00 $223,032.00 Traffic Fee 435 - 2600 -3- 671000 4509 $28,050.00 $0.00 $28,050.00 Sewer Fee 436 - 2600 -3- 695000 4510 $8,984.00 $0.00 $8,984.00 Water Fee 720 - 0433 -3- 690000 2202 $6,250.69 $0.00 $6,250.69 Cnst Water 801 - 0000 -2- 229015 4703 $151,778.66 $0.00 $151,778.66 Hospital 801 - 0000 -2- 229015 4703 $158,357.00 $0.00 $158,357.00 Outlet Phase Totals ................ $643,757.77 $0.00 $643,757.77 Bonds and Securities $685,134 SERVICE CHARGES (1) N5 4 f, PAGE 1 559 CITY OF GILROY No. 94 -32 DEPARTMENT OF PUBLIC WORKS -------------- DEVELOPMENT COST SCHEDULE Date 14- Jun -94 FINAL ESTIMATE ------- - - - - -- Prepared by M. Fachin NOTE: This 100 % cost schedule has been adjusted to the rates in effect at the time Building Permits were issued. Location of Property 8555 San Ysidro Ave., Max Club & Ph. 5 -------------------------------------- Assessor's Parcel No. PORTION OF APN 835 -04 -056 Name of Applicant J. Filice and Sons, A Calif. Limited Partnership ------------------------------------------------------- Mailing Address 7888 Wren Ave. ------------------------------------------------------- (Number of Reimbursements and credits: Site Information: Units /Sq Ft) N Country Estates Water System? N Single Family Res units? 0 N Country Estates Sewer System? N High Density Res units? 0 N Northwest Quadrant Sewer? N High Traffic Commercial? 0 N Obata Industrial Park Credit? Y Low Traffic Commercial? 74,344 N General Industrial? 0 N Warehouse Industrial? 0 Commercial /Industrial Allocations: N Common Area? 0 Sewer Allocation GPD 3,400 N Assembly Hall? Water Allocation GPD 8,000 C Storm Basin No. Lots 3 Number of Lots Used in Estimate 3 Total Area 8.500 Acres Number of Acres Used in Estimate 8.500 Actual FF 1,051.39 Feet Front Footage used for FF Charges 1,051.39 Front Footage used for Cost of Improvements and Const Water 1,868.80 Special Public Works Services Maps: Final $3,025.00 + Parcel $1,070.00 + $50.00 /lot $100.00 /lot 100 - 2600 -3- 600400 $1,232.00 100% $1,232.00 Reapportionment (Assessment District Parcels) $1,767.00 + $100.00 /lot Administration Fees: Country Estates Water System (Not Included) Country Estates Sewer Trunk Main (Not Included) Northwest Quadrant Sewer Trunk Main (Not Included) COST SCHEDULE (1) N $0.00 --------- - - - - -- N $0.00 N $0.00 _ -------------- $0.00 -------- - - - - -- $0.00 -------- - - - - -- $0.00 -------- - - - - -- Miscellaneous Engineering Services: 5 4 6 PAGE 1 5 6 0 (.Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) 16 hr Misc Services $77.00 /hr. Y $1,232.00 Public Works Microfilming (Maps and Plans): A -1 1- 6 sht $149.94 + $6.62 /sheet $0.00 7-12 sht $191.84 + $6.62 -------- /sheet - - - - -- $0.00 13-18 sht $233.73 + $6.62 -------- /sheet - - - - -- $0.00 # of Shts 0 -------- - - - - -- Engring Plan Check and Inspection 100 - 2600 -3- 600412 $36,017.50 (Based on total cost of public E ------ - - - - -- right -of -way improvements) Zone 100% $36,017.50 0 hr Onsite grading $77.00 /hr. N $0.00 Offsite Improvements to be Bonded $456,756 /acre Actual Cost of Public Improvements $456,756 $1,387.57 10% of first $100,000 Obata Industrial $10,000.00 8% of $100,000 to $200,000 -------- - - - - -- $8,000.00 7% of over $200,000 -------- - - - - -- $17,972.92 Fire Hydrant Location Fee -------- - - - - -- Number of Fire Hydrants 5 Fst Five $44.58 + $4.46 /ea additional -------- $44.58 - - - - -- Storm Drain Development Fee 420 - 2600 -3- 680200 $30,055.92 Zone A $2,216.82 /acre Zone A -1 $4,418.71 /acre Zone B $2,076.34 /acre Zone C $3,535.99 /acre Zone D $2,193.17 /acre Zone E $1,652.28 /acre Zone F $3,051.34 /acre Zone Q $2,774.18 /acre Zone R $1,387.57 /acre Obata Industrial Park Credits Obata Fee Credit $1,170.00 /acre COST SCHEDULE (2) 100% $30,055.92 Y $0.00 Y $0.00 Y $0.00 Y $30,055.92 Y $0.00 Y $0.00 Y $0.00 Y $0.00 _-------- - - - - -- Y --------- $0.00 Y $0.00 Front Foot Charges: 5 4 f , PAGE 1 5 6 I (Used to charge and reimburse fees for existing infrastructure) South Valley Hospital Murray $22.93 / f.f. x No Name $100.99 / f.f. x Las Animas /San Ysidro 801 - 0000 -2- 229015 $151,778.66 Front Footage 100% $151,778.66 N 0.00 = $0.00 _ ------------ -------- - - - - -- N 0.00 = $0.00 _------ - - - - -- -------- - - - - -- $144.36 / f.f. x Y 1,051.39 = $151,778.66 ------------ -------- - - - - -- Water 801 - 0000 -2- 229015 $0.00 Water Mains, including fire hydrants, 100% $0.00 valves and box: (Developer is responsible for up to and including 12" mains) Sewer Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) Half Pipe 6 " Main $12.00 / f.f. x 8 Half Pipe $12.50 / €.f. x Front Footage $14.00 6 " ---- - - - - -- Main $12.50 / f.f. x ------- N - - - - -- 0.00 = $0.00 of 8 $13.50 / f.f. x ------- N - - - - -- -------- 0.00 = - - - - -- $0.00 10 Main $15.00 / f.f. x ------------ N -------- 0.00 = - - - - -- $0.00 12 Main $16.50 / f.f. x ------- N - - - - -- -------- 0.00 = - - - - -- $0.00 - - - - -- 14 Main $18.50 / f.f. x ------------ N -------- 0.00 = $0.00 16 Main $20.50 / f.f. x ------- N - - - - -- -------- 0.00 = - - - - -- $0.00 - - - - -- Country Estates Water System ------------ -------- $0.00 (Not Included) ------- -- ----- Sewer Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) Half Pipe 6 " Main $12.00 / f.f. x 8 " Main $12.50 / €.f. x 10 " Main $14.00 / f.f. x 12 " Main $15.50 / f.f. x 15 " Main $19.00 / f.f. x 801 - 0000 -2- 229015 $0.00 100% $0.00 Front Footage N 0.00 = $0.00 -- _ ------------ -------- N 0.00 = - - - - $0.00 _------ - - - - -- -------- N 0.00 = - - - - -- $0.00 - -- ------- - - - - -- -------- N 0.00 = - - - $0.00 ------------ -------- N 0.00 = _ ............ -------- - - - - -- $0.00 - - - - -- Northwest Quadrant Sewer Trunk Main (Not Included) Country Estates Sewer Trunk Main (Not Included) COST SCHEDULE (3) $0.00 -------- - - - - -- $0.00 -------- - - - - -- Street'Improvements Pavement Square -------- Footage - - - - -- 3" AC on 8" AB 3" AC on 10" AB 3" AC on 12" AB 3" AC on 15" AB Sidewalk 4" on 4" and driveway 801 - 0000 -2- 229015 100% COST SCHEDULE (4) $0.00 $0.00 $0.00 $0.00 a cn r c� n. m C11 Q1 N Square -------- Footage - - - - -- $2.42 x 0.00 = $0.00 -- $2.71 x -------- 0.00 = - - - - $0.00 -- $2.99 x -------- 0.00 = - - - - $0.00 $3.43 x -------- 0.00 = -------- - - - - -- $0.00 - - - - -- Square Footage - - - - -- - 0000 -2- 229015 $4.43 x 0.00 = -------- $0.'00 - - - - -- COST SCHEDULE (4) $0.00 $0.00 $0.00 $0.00 a cn r c� n. m C11 Q1 N Front Footage Curb /Gutter on 6" $14.39 x 0.00 = -------- $0.00 - - - - -- Storm Drain ------ 801 - - - - -- - 0000 -2- 229015 100% Storm Mains, including manholes and catch basins: (Developer is responsible for up to and including 24" mains) Half Pipe Front Footage - - - -- 18 ---- Main - - - - -- $19.00 / f.f. x ------- N - 0.00 = $0.00 21 Main $20.50 / f.f. x ------------ N -------- 0.00 = - - - - -- $0.00 - - - -- 24 Main $22.00 / f.f. x ------------ N -------- 0.00 = - $0.00 27 Main $23.50 / f.f. x ------------ N -------- 0.00 = - - - - -- $0.00 -- 30 Main $25.00 / f.f. x ------------ N -------- 0.00 = - - - - $0.00 - - - -- 33 Main $26.50 / f.f. x ------------ N -------- 0.00 = - $0.00 36 Main $28.00 / f.f. x ------------ N -------- 0.00 = - - - - -- $0.00 -- 42 Main $31.00 / f.f. x ------------ N -------- 0.00 = - - - - $0.00 -- 48 Main $34.00 / f.f. x ------------ N -------- 0.00 = - - - - $0.00 - -- 54 Main $37.00 / f.f. x ------- N - - - - -- -------- 0.00 = - - - $0.00 60 " Main $40.00 / f.f. x _------ N - - - - -- -------- 0.00 = - - - - -- $0.00 66 Main $43.00 / f.f. x N 0.00 = $0.00 72 " Main $46.00 / f.f. x ------------ N -------- 0.00 = - - - - -- $0.00 - - - -- 78 " Main $49.00 / f.f. x ------------ N _ ............ -------- 0.00 = -------- - $0.00 - - - - -- COST SCHEDULE (4) $0.00 $0.00 $0.00 $0.00 a cn r c� n. m C11 Q1 N 84 " Main $52.00 / f.f. x 90 " Main ' $55.00 / f.f. x 96 " Main $58.00 / f.f. x Utility Underground Fee $118.36 / f.f. x Traffic Impact Fee Single Family Res High Density Res Commercial High- traffic (> 4 trips /1000 sf) Commercial Low - traffic ( <= 4 trips /1000 sf) Industrial General Industrial Warehouse Sewer Development Fee N 0.00 = $0.00 N 0.00 = $0.00 _-------- - - - ---------- - - - -- N" 0.00 = $0.00 ------------ -------- - - - - -- 431- 2600 -3- 680300 $0.00 Front Footage 100% $0.00 N 0.00 433 - 2600 -3- 681000 $223,032.00 100% $223,032.00 $2,727.000 /d.u. Y $0.00 --------- - - - - -- cn $2,209.000 /d.u. Y $0.00 r --------- - - - - -- cn $6.083 /gross s.f. Y $0.00 � _ -------------- rn $3.000 /gross s.f. Y $223,032.00 c-n Cn $1.175 /gross s.f. Y $0.00 $0.866 gross s.f. Y $0.00 a.Single Family Residential: $2,186.00 / dewelling unit b.High Density Residential: $0.00 / dewelling unit 435 - 2600 -3- 671000 $28,050.00 100% $28,050.00 Y $0.00 Y $0.00 c.Commercial /Industrial: $825.00 / 100 gals. /day or Y $28,050.00 $2,186.00 , whichever is greater =-------- - - - - -- d.Additional allocation for existing service that does not have a sewer allocation agreement: Country Estates Sewer Trunk Main (Not Included) 25% of sewer development fee Y/N N $0.00 -------- - - - - -- Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531.00 /acre $0.00 -------- - - - - -- COST SCHEDULE (5) 'Water Development Fee 436 - 2600 -3- 695000 $8,984.00 100% $8,984.00 a.Single Family Residential: $1,075.00 / dewelling unit Y $0.00 cn b.Commercial /Industrial: $1,123.00 / 1,000 gals. /day or Y $8,984.00 -------------- m rn c.Additional allocation for existing service that does not 100% of water development fee have a water allocation agreement: Y/N N Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154.00 /acre $0.00 -------- - - - - -- Water User Fee (Construction) 720 - 0433 -3- 690000 Y $6,250.69 100% $6,250.69 $2.58 / f.f. + $168.14 /a.c. Bonds and Securities 801 - 0000 -2- 229015 * $685,134 * Not included in TOTAL DUE ------ ------ (est) 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. Accepted by: Date: COST SCHEDULE (6)