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Glen Loma/Arcadia Homes - PDA No. 94-01REC cep. RF4F rk Susanne E. Steinnetz,CityClk El�, City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 �--� PROPERTY DEVELOPMENT AGREEMENT COMMERCIAL, INDUSTRIAL, INSTITUTIONAL 247286 PLED FQFR RECORD Pa t- 5-3 P!i V rn QFF10i,lo.. �t v it DS o SANTA Ct.A .� (,0U NTY ~' R1 ` } AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES No. 94 -01 This agreement made and entered into this 7th day of March 1994, by and between the City of Gilroy, a municipa corporation, herein called the "City" and Glen Loma Corporation Arcadia Homes, Inc., a real property owner, developer or subdiviTer, erein Eal led 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: Outlets. Phase IV, APN 835 -04 -041, 042 &_017 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. c. To indemnify, defend with counsel of City's choice, and hold City free and harmless from any and all loss, cost, damage or expense, including attorneys' fees and disbursements, incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the -1- C� r� Z co W 419PAGE'QI }84 City on said real estate which the Developer or any contractor or subcontractor of the Developer, or any employee thereof, shall do in grading or working upon said real estate; (ii) any claims for personal injury, death or property damage arising out of or in connection with the work performed by Developer, its contractors, subcontractors or any employee thereof in connection with this Agreement; and (iii) any challenge to this Agreement by any third party. d. To construct and improve and /or furnish funds for the construction and improvement of all public works facilities and other improvements set forth in the stipulations to Development Agreement No. 94 -01 attached hereto and incorporated herein by reference ( "Stipulations ") in accordance with standards established in the Codes, Ordinances, Resolutions, and Regulations and this Agreement and in accordance with the grades, plans and specifications therefor approved by the City Engineer. Developer shall furnish two good and sufficient bonds, in form and content and issued by bonding company acceptable to City as follows: (i) a performance bond to be executed in the face amount of no less than Six Hundred Forty -one Thousand Ninety -Five Dollars ($641,095.00), and (ii) a payment bond in the amount of Three Hundred Twenty Thousand Five Hundred Forty -Eight Dollars ($320,548.00) for the improvements described in the Stipulations as the "outlets Phase IV Improvements ". The performance bond shall secure payment to the City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The payment bond shall secure payment to the subcontractors and persons renting equipment for the furnishing of labor or materials for the Outlets Phase IV Improvements, as provided for in section 5100 et seq of the Public Contract Code of the State of California, the Codes, Ordinances, Resolutions and Regulations of the City, and this Agreement. Each bond shall set forth the 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 performance bond for the outlets Phase IV Improvements shall by its terms remain in full force and effect for a period of one (1) year after the completion and acceptance of said improvements, to guaranty 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 ten percent (10 %) of the total contract price of the outlets Phase IV Improvements to cover the one (1) year maintenance period. As a condition precedent to issuance of an occupancy permit for the outlets Phase IV project, Developer shall furnish a letter of credit, in form and content and .issued by a financial institution acceptable to the city to secure payment of the cost of the improvements, including a portion of the design costs described in the Stipulations as the "Portion B & C Improvements." The letter of credit shall be in a face amount not less than the then most recent estimate approved by the city of the cost of construction of the Portion B & C Improvements, including the unpaid portion of any design costs, as prepared by Greiner, Inc. Pacific, dba Bissell & Karn, Inc. ( "Best Available Estimate "), plus an amount equal to fifteen percent (15 %) of the Best Available Estimate, as a contingency. If the Project Study Report for the Portion B & C Improvements reviewed and approved by the California Department of Transportation ( "Project Study Report ") becomes available after the date that the Developer has delivered the letter of credit, then City, in its discretion, may adjust the Best Available Estimate based upon the scope of work set out in the Project Study Report and other considerations and give written notice of such adjustment to Developer. within forty -five (45) days after the date of receipt of such notice, Developer shall increase or decrease the letter of credit by the difference between the Best Available Estimate, as adjusted, and the Best Available Estimate at the time the letter of credit was delivered, plus such increase and decrease as is necessary so that City retains a contingency equal to fifteen percent (15 %) of the Best Available Estimate, as adjusted. At such time as the Project Study Report becomes available, City and Developer shall negotiate in good faith to arrive at a mutually agreeable maximum limitation on Developer's obligation to fund the cost of the Portion B & C Improvements. The maximum limitation shall supersede any contrary requirements in this Agreement (including the attached "Stipulations to Development Agreement ") with respect to Developer's obligation to fund the cost of the Portion B & C Improvements. The letter of credit shall permit the city to draw upon the letter of credit in whole or in part, as necessary, upon Developer's failure to (i) fund the costs of the Portion B & C -2- Improvements, (ii) fund any portion of the design costs for the Portion B & C Improvements or any change orders therefor, or (iii) renew the letter of credit within the time period specified herein. The letter of credit shall by its terms remain in full and force and effect for a period of at least two (2) years after a certificate of occupancy is issued for the Outlets Phase IV. Not less than ninety (90) days nor more than one hundred (100) days prior to the expiry date of the letter of credit, Developer shall give written notice to City of said expiry date and request instructions as to whether or not the letter of credit should be renewed and the time period for which such obligation should be renewed. City shall respond to Developer specifying whether renewal is required and the time period for which renewal is required. Upon renewal or replacement, Developer may reduce the letter of credit by the amount of the design costs for the Portion B & C Improvements for the second and third years of this Agreement to be paid by Developer in accordance with Section 3 hereof to the extent that Developer has actually paid such design costs to city and the then current amount of Developer's credit (as defined in Paragraph 3 of the Stipulations) but only to the extent said amounts paid by or credited to Developer exceed any increase in the Best Available Estimate of the Portion B & C Improvements since Developer delivered the letter of credit. If at the time of such renewal or replacement, there has been an increase in the Best Available Estimate of the Portion B & C Improvements, then Developer shall increase the amount of the letter of credit by the amount by which said increase exceeds the amounts actually paid by Developer for design costs since delivery of the letter of credit and the then current amount of Developer's Credit. Within forty -five (45) days after the date of City's notice, Developer shall renew or replace the letter of credit and provide City with a replacement letter of credit or written evidence satisfactory to City of such renewal. If city does not respond to Developer's Notice, then Developer shall renew or replace the letter of credit in the same amount as the then face amount of the letter of credit less than amount of any design costs and any fixed amount credited to Developer in accordance with paragraph 3(a) of the Stipulations within thirty (30) days prior to the expiry date of the letter of credit. Within thirty (30) days after the date that Developer has delivered a replacement letter of credit or evidence of renewal of the letter of credit, Developer shall make such increase or decrease in the face amount of the letter of credit as may be necessary such that the face amount thereof is equal to the then current Best Available Estimate of the cost of construction of the Portion B & C Improvements, less the design costs actually paid by Developer and the then current amount of Developer's Credit, plus fifteen percent (15 %) of such amount as a contingency. If Developer fails to provide a replacement letter of credit or evidence satisfactory to City of renewal of the letter of credit within said forty -five (45) day period, or thirty (30) day period, as applicable, City may draw upon the letter of credit and hold the proceeds thereof for application to the cost of the Portion B & C Improvements. If City has not given Developer written notice of Developer's Payment (as defined in Paragraph 4 of the Stipulations to Development Agreement attached hereto) by the date that is not less than ninety (90) days more than one hundred (100) days prior to the expiry date of the letter of credit as renewed or replaced, then Developer shall again renew or replace the letter of credit in accordance with the procedure set forth in this Section 2.d. In lieu of a letter of credit securing Developer's obligations described above, Developer may furnish such other security in amount, form, and content as City deems satisfactory in its sole and absolute discretion. 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 Except as otherwise specified in paragraph 2.e. of 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. The amount of One Hundred Eighty -Nine Thousand Six Hundred Thirty -Six Dollars ($189,636.00) shall be paid by Developer to City concurrently with the execution of this agreement to be used for payment of the portion of design work for the Portion B & C Improvements to be incurred by City through June 30, 1995. Within sixty (60) days prior to July 1, 1995, and within sixty (60) days prior to July 1, 1996, City shall give Developer written notice of the amount of the design costs -3- H4' 1 9P4GE0486 for the Portion B & C Improvements to be incurred by City with respect to the second and third periods, as applicable, of this Agreement. Within forty -five (45) days after the date of City's notice, Developer shall deposit with City the amount of the design costs set forth in City's notice. If Developer fails to deposit funds with City in the amount specified in City's written notice within said forty -five (45) day period, City shall have the right to draw upon Developer's letter of credit to fund the design costs set forth in City's notice. Any increase in the cost of said design work payable for each year of this Agreement due to change orders for the Portion B & C Improvements shall be paid to the City within forty -five (45) days after the date of City's written notice to Developer that such sums are due. If Developer fails to fund any increase in design costs applicable to the Portion B & C Improvements resulting from change orders within said forty -five (45) day period, then City may draw upon the letter of credit to fund such costs. SECTION 4 Except as City may otherwise determine in its sole discretion, all work required for the outlets Phase IV Improvements shall be completed prior to the issuance of an Occupancy Permit for Outlets Phase IV, including acquiring right -of -way and constructing any portion of said improvements in the right -of -way along the existing developed frontage of San Ysidro Avenue. 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 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. SECTION 8 The Developer will pay for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity not to exceed: Peak water use not to exceed: 26,000 gal per day. 52,000 gal per day. 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 sewer effluent meter. Said meter shall meet city Standards and specifications, or b. Measuring the building's water consumption through the water meter. Irrigation meters are required. -4- 1 `" H 4 1 9 PA' GE0487 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 completed 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 The Development Cost schedule is attached hereto as Exhibit "D ". TOTAL AMOUNT DUE CITY $1,391,705.83 -5- M H4`19 PAGE 0488 IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTE . usanne E. Steinmetz, City Clerk FORM AP OVVEED : L n a Ca on, city Attorney DEVELOPER Glen Lomb Corpora ion BY John Filice Jr. BY Pres. DATE J' —/- 'F I/ / DEVELOPER Arcadia Homes, Inc. BY / /JyerQ e P . Tersini Vice President BY DATE 3 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. -6- 4' 1 QP GE8489 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 5193 State of California County of Santa Clara On -�3 - / - '�15 before me, DATE Gayle M. Dartez, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Louie P. Tersini NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(K whose names) is<are subscribed to the within instrument and ac- - - - - - - - - knowledged to me that he /sheVttrey executed 01mv GAYLE the same in his /hzr /#-heir authorized COWS. #97764': capacity(i�° and that by his /haethe�ir Notory PubNc - call,: signatures} on the instrument the person{s� SWACUUtACO,�N or the entit u on behalf of which the Comm. Expiry NOV 8,'1996 , Y p person (s} acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNE S my hand and official seal. V SIGNATURE OF NOTARY OPTIONAL SECTIO TITLE OR TYPE OF DOCUMENT � OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED [:]GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 State of California County of Santa Clara On February 28, 1994 before me, Susanne E. Steinmetz, City Clerk JOHN M. FILICE, J . 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 in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my han and officia eal. Sus, ^..rne E. Sieinme +i, City Clerk g city of C ;?rr.V C ^un *y of Santa Clara Si nature S + ate of cF;;I rnia per Civil Code Sec. 1181 SUSANNE E. STEINMETZ, City Clerk, C' y of Gilroy Government Code Sec. 40614 per GC Sec. 40814; CC Sec. 1181 (This area for official city seal) STIPULATIONS TO DEVELOPMENT AGREEMENT NO. 94 -01 1. Improvements. The developer is to pay for and /or perform all of the following improvements: (a) All those improvements required for environmental mitigation of the Outlets Phase IV project as more particularly described in that certain Environmental Impact Report for General Plan Amendment 90 -05 and Resolution 92 -75 adopted by the Council with respect to the Outlets Phase IV project, except for those improvements contemplated by that certain Design Contract of even date herewith by and between the City of Gilroy and Greiner, Inc. Pacific, dba Bissell & Karn, Inc., Portion A, and the Portion B & C Improvements (as more particularly defined below) ( "Outlets Phase IV Improvements "), which improvements will be located as more particularly shown on the location map attached hereto as Exhibit "A ". (b) All those improvements contemplated by that certain Design Contract of even date herewith by and between the City of Gilroy and Greiner, Inc. Pacific, dba Bissell & Karn, Inc., Portion B ( "Portion B Work "), which improvements shall be located as more particularly shown on the location map attached hereto as Exhibit "A"; and (ii) all those improvements contemplated by that certain Design Contract of even date herewith, by and between the City of Gilroy and Greiner, Inc. Pacific, dba Bissell & Karn, Inc., Portion C ( "Portion C Work "), which improvements shall be more particularly located in the area shown on the location map attached hereto as Exhibit "A" (the Portion B Work and Portion C Work is hereby referred to as the "Portion B & C Improvements "). 2. Payments Upon Execution of Agreement. concurrently with the execution of this Development Agreement, Developer shall pay to City the Traffic Impact Fee of Five Hundred Thirty -one Thousand Two Hundred Sixty -one Dollars ($531,261) for the outlets Phase IV project. City shall place such payment into City's Traffic Impact Fee Fund ( "TIF Fund "). 3. Subsequent Credits to Developer. After the execution of this Agreement and prior to the date that Developer funds the final contract amount for the Portion B & C Improvements in accordance with Paragraph 4 hereof, City shall set aside from City's TIF Fund for credit to Developer towards the cost of the Portion B & C Improvements the following amounts at the following times (the total of such amounts shall hereafter be referred to as "Developer's Credit "): (a) On each July 1, 1995 and July 1, 1996, City shall set aside for credit to Developer the amount of Two Hundred Thousand Dollars ($200,000). (b) To the extent that City receives any Traffic Impact Fees assessed against any of Assessor's Parcel Nos. 835 -04 -018, 19, 25, 47, 48, 49, 50, 51 and 56 as shown on Exhibit "C" attached hereto, City shall credit to Developer one hundred percent (100 %) of such Traffic Impact Fees. (c) Commencing July 1, 1997, and on each July 1 thereafter, City shall set aside for credit to Developer 20% of the amount paid into capitalized TIF Fund for the previous fiscal year as provided in paragraph 5(b)(III)(C.) of this agreement. N4 i 9N'�cE049I Stipulations to Development Agreement No. 94 -01 Page two 4. Funding of Portion B & C Improvements. City shall obtain all necessary bids for the Portion B & C Improvements and shall determine the final contract amount for the Portion B & C Improvements. At such time as City shall be in a position to award a contract for the Portion B & C Improvements, City shall give Developer written notice of the final contract amount for the Portion B & C Improvements, the then current amount of Developers Credit, and the difference between the final contract amount and Developers Credit (such difference shall hereafter be referred to as "Developers Payment "). At such time, City shall apply the funds set aside in the TIF Fund in the amount of Developers Credit to the payment of the final contract amount for the Portion B & C Improvements. within forty -five (45) days after the date of City's notice, Developer shall deliver cash or immediately available funds to City equal to Developer's Payment plus fifteen percent (15 %) of the final contract amount ( "Contingency ") set forth in City's notice. within ten (10) days after receipt of Developer's Payment and the Contingency, City shall return to Developer the letter of credit given by Developer to City to secure payment of the cost of the Portion B & C Improvements. If any portion of the design costs for the Portion B & C Improvements have not been paid at the time City gives Developer written notice of the final contract amount for the Portion B & C Improvements, such remaining design costs plus fifteen percent (15 %) of such remaining design costs shall be paid to City concurrently with Developer's Payment. If during the course of construction of the Portion B & C Improvements, any change orders are made to the Portion B & C Improvements that increase the final contract amount therefor, City shall promptly notify Developer in writing of the increase in the contract amount, and Developer shall, within forty -five (45) days after the date of City's notice, promptly deposit with City such additional funds as may be required due to such change orders. 5. Reimbursement to Developer. Developer shall be reimbursed for portions of the cost of the outlets Phase IV Improvements and the Portion B Work from the TIF Fund in accordance with this Paragraph 5. The actual amount to be reimbursed to Developer shall be the lesser of (i) the actual construction costs (comprised of the components set forth on Exhibit "B," Leavesley Corridor Improvements) of the outlets Phase IV improvements or the Portion B & C improvements, as applicable or (ii) "Dollars Allotted in the TIF Fund" for each such project as shown on Exhibit "B" attached hereto as adjusted by the CCI (as defined below) in accordance with this Agreement or (iii) the actual amount of funds contributed by Developer to the cost of the Portion B & C Improvements, including design costs. The total reimbursable amount applicable to both the outlets Phase IV Improvements and the Portion B Work shall hereafter be referred to as the "Reimbursable Amount." Commencing July 1, 1994, the outstanding balance of the Reimbursable Amount shall be adjusted annually based on the increase or decrease of the Engineering News Record Construction Cost Index ( "CCI") reported in the fourth quarterly report of the Engineering News Record for the previous calendar year. The Reimbursable Amount shall not exceed the amount of Three Million Three Hundred Thirty -two Thousand Seven Hundred Dollars ($3,332,700), subject to adjustment by the CCI, of which One Hundred Thirty -two Thousand Seven Hundred Dollars ($132,700), subject to adjustment by the CCI, shall be allocated for reimbursement for improvements associated with the outlets Phase IV Improvements ( "Phase IV Reimbursable Amount "), and N419PAGE0492 Stipulations to Development Agreement No. 94 -01 Page three Three Million Two Hundred Thousand Dollars ($3,200,000), subject to adjustment by the CCI, shall be allocated for reimbursement for improvements associated with the Portion B Work ( "Portion B Reimbursable Amount ") Subject to the limitations set forth in this Paragraph 5, the Reimbursable Amount shall include the engineering design cost for the Portion B & C Improvements as shown on Exhibit 11B -2" attached hereto. If Developer fails to (i) fund all or any portion of the cost of the Portion B & C Improvements, including design costs, or (ii) fund any increase in the contract amount or design costs applicable to the Portion B & C Improvements due to change orders, then the amount that Developer fails to fund shall be deducted from the Portion B Reimbursable Amount. The Reimbursable Amount shall be paid as follows: (a) Phase IV Reimbursable Amount. Upon City's certification of completion of the Outlets Phase IV Improvements, City shall reimburse to Developer from the TIF Fund the Phase IV Reimbursable Amount. (b) Portion B Reimbursable Amount. The Portion B Reimbursable Amount shall be paid as follows: (i) Concurrently with Developer's payment of the Developer Payment, the Reimbursable Amount shall be credited by the amount of Developer's Credit. (ii) Upon City's certification of completion of the Portion B & C Improvements: (A) The Portion B Reimbursable Amount shall be credited with the portion of the Traffic Impact Fee allocable to the Portion B & C Improvements paid by Developer in connection with the outlets Phase IV Project in the amount equal to the difference between (i) the Traffic Impact Fee allocable to the Portion B & C Improvements and (ii) the Phase IV Reimbursable Amount. (B) City shall pay to Developer the difference, if any, between (1) the sum of the Developer Payment, the Developer Credit and any additional amounts of Developer's Credit that are set aside from the TIF Fund during the construction of the Portion B & C Improvements and (2) the final actual cost of the Portion B & C Improvements and Design. (iii) The remaining Portion B Reimbursable Amount shall be reimbursed to Developer until fully paid as follows: (A) To the extent the Portion B & C Improvements are completed prior to July 1, 1995 and /or July 1, 1996, City shall pay to Developer on each such date from the TIF Fund the amount of Two Hundred Thousand Dollars ($200,000). N4I9PAGE0493 Stipulations to Development Agreement No. 94 -01 Page four (B) To the extent that any Traffic Impact Fees are paid in connection with the development of any of Assessor's Parcel Nos. 835- 04 -18, 19, 25, 47, 48, 49, 50, 51 and 56, as shown on Exhibit "C" attached hereto, then one hundred percent (100 %) of such Traffic Impact Fees shall be paid to Developer upon receipt by City. (C) Commencing July 1, 1997, or such later date as the Portion B & C Improvements are completed, City shall pay to Developer twenty percent (20 %) of the amounts paid into the TIF Fund during the previous fiscal year, subject to an annual maximum of Two Hundred Thousand Dollars ($200,000), unless City determines, in its sole and absolute discretion, that sufficient funds are available in the TIF Fund for reimbursement to Developer and that such additional reimbursement would be in the public interest. The actual amount in the TIF Fund available for reimbursement each year pursuant to this Paragraph 5(b) (iii) (C) shall be determined after the City's annual audit of the TIF Fund has been performed. Such payments shall continue each July 1st thereafter until the Portion B Reimbursable Amount is paid in full. There shall be excluded from the amounts in the TIF Fund available for reimbursement to Developer in any fiscal year (i) any amount paid into the TIF Fund from those parcels more particularly described in Paragraph 5(b) (iii) (B) hereof and (ii) any amounts paid into the TIF Fund from a project which are credited to that project's development. The first amounts in the TIF Funds available for reimbursement to Developer in accordance with this Paragraph 5(b) (iii) (C) shall be from amounts paid into the TIF Fund obtained during the 1995 -96 fiscal year. 6. Reimbursement by Adjacent Property. The Portion C Work (which is not eligible for reimbursement from the TIF Fund) and the portion of the Outlets Phase IV Improvements not eligible for reimbursement from the TIF Fund (collectively, "Non -TIF Improvements ") will benefit that certain real property known as Assessors Parcel No. 835 -04 -056 ( "J. Filice Property "). The J. Filice Property is more particularly shown on Exhibit "C" attached hereto and incorporated herein by reference. Subject to the conditions set forth below, at such time as the J. Filice Property, or a portion thereof is developed, City shall reimburse the Developer from fees paid in connection with construction permits issued for the J. Filice Property, a percentage of the cost of the Non -TIF Improvements, which percentage is outlined in the column entitled "Non -TIF Reimbursement" on Exhibit "B" attached hereto. The percentages used for determining the amount of such reimbursement shall be based on the actual improvement costs for the Non -TIF Improvements incurred by Developer including City fees, engineering and right -of -way costs. City shall make such reimbursement to Developer only from fees obtained by city upon issuance of construction permits for the J. Filice Property, and only to the extent such construction permits are issued within ten (10) years after the date of execution by both parties of this Development Agreement. N4 19 P'iGE0494 Stipulations to Development Agreement No. 94 -01 Page five The outlets Phase IV undergrounding improvements across Leavesley Road will benefit that certain real property known as Assessors Parcel No. 835 -15- 026. At such time as this property or a portion thereof is developed, city shall reimburse the Developer from fees paid in connection with construction permits fifty (50) percent of all undergrounding costs across Leavesley Road incurred by Developer. city shall make such reimbursement to Developer only from fees obtained by City upon issuance of construction permits for Assessors Parcel No. 835 -15 -026, and only to the extent such construction permits are issued within ten (10) years after the date of execution by both parties of this Development Agreement. 7. Hospital Reimbursement. Developer understands and acknowledges that a portion of the front foot charges applicable in connection with the outlets Phase IV project in the amount of one Hundred Fifteen Thousand six Hundred seventy -eight Dollars and 56/100 ($115,678.56) shall be used by 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. 8. Assignment. Developer shall not have the right to assign all or any part of Developers interest in this Agreement to a third party without the prior written consent of City, which consent may be granted or denied in City's sole discretion. Upon a permitted assignment by Developer of its rights and obligations hereunder, Developer shall remain fully liable to perform each and every obligation to be performed by Developer pursuant to this Agreement. subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the respective assigns, heirs, successors and legal representatives of each of the parties. 9. Reimbursement of Costs. As additional consideration for City entering into this Development Agreement, Developer shall pay to City all legal fees and disbursements incurred by City in connection with the preparation, negotiation and drafting of this Agreement. All such fees and disbursements incurred to date in connection with this Agreement shall be paid to City upon execution of this Agreement. The balance of such fees and disbursements shall be paid by Developer within thirty (30) days after the date of City's invoice therefor. As further additional consideration for City entering into this Agreement, Developer shall pay all costs incurred by the City in connection with the acquisition of right -of -way from adjacent property owners by eminent domain in connection with the outlets Phase IV project, including, without limitation, appraisal costs, legal fees and disbursements, and fees for environmental consultants. Costs incurred in connection with the acquisition of right -of -way shall be paid by Developer from time to time within thirty (30) days after the date of City's invoice therefor. N4 I 9PAGEOt +95 Stipulations to Development Agreement No. 94 -01 Page 2yA4T S i X City and Developer hereby agree to the foregoing stipulations. ATTEST: Susanne E. Steinmetz, City Cle FORM AP OVED: ' �i'; / L./ 4 l�' ✓'`. � ��'- 1. /`mod `' Linda A. Callon, City Attorney CITY.OF GILROY Donald F /S:34e, Ma ay $akFAa, City Administrator DEVELOPER GLEN LOMA CORPORATION By: John Filic r. Pres. Its: DEVELOPER ARCADIA HOMES, INC. By: Its: Louie P. Tersini Vice President IA ALL - PURPOSE ACKNOWLEDGMENT State of California Countyof Santa// Clara On -�— �' g`7` before me, Gayle M. Dartez, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Louie P. Tersini NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personoywhose name�%Hs/a -6 subscribed to the within instrument and ac- f knowledged to me that he /may executed 6AYLEM.DARTEZ the same in his /ftafftheir authorized 01 COMM. #977648 � capacity(ies), and that by his /her /tkef Nd,.v Pubic — Callfornio signature(s) -on the instrument the personjsq, wvu cu►RA TY - F>�k�N0VcouN8,1946 or the entity upon behalf of which the person(syacted, executed the instrument. -THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNESS my hand and official seal. No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) � OPTIONAL SECTIO TITLE OR TYPE OF DOCUMENT/r NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 State of California ) County of Santa Clara ) On February 28, 1994 before me, SUSANNE E. STEINMETZ, City Clerk TORN M FILICE, JR personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my han and offi( Signature -7,0 anw SUSANNE E. STEDO ETZ, City Cler per GC Sec. 40814; CC Sec. 1181 seal. (This area for official city seal) Susanne E. Steinmetz, City Clerk _City of Gilroy, County of Santa Clara State of California per Civil Code Sec. 1181 City Ofjr� entCodeSec.40814 G 1 - NicE0497 EXHIBIT A Location Map Development Agreement 94 -01 Outlets, Phase 4 It CD 0 u LL �Q x yC W �W W O a CIO O Q x a O U W a W Q W a m � � C U U E U � 2 g° 0 ¢ o a A m o m e N n QQ oe M 3e m m E w o_ Z o ., m N N m �Q oe e e de tV N e m� o � tmV m N Z c c 4 m E E e m E a a E i i n ni c .4 - E vi d i p LL o Y 4 4 U m $ _ m E a E � m m s ¢ t Z g 8 tV - c N E m m N w y Z m a c o m ¢ m N_ N_ E e m U W o f V n p u is m m N d n m o b cli b e N N twit Z ¢ a m m m � g $ y m a � c r 4 V C a w m 3 E s Y c c c to c � e C d ¢ C 4 4 I 9PAGE0498 0 4) co d It � q @ � � � ) i . k � ! � \ § } ! \ } N4 I 9 H G[ 0 4 9 9 k / � � ■ • CL ` ) k - k § » s § 7 ) ! % C14 & CL ! - - - \ } \ \ Q \ )� ! Z 2 \ ! . a o k $ « 7 ■ , ! d- / \ / @ # ( ; ! ) k \ , ! o o o f / k k } § ) c; / \ � 4 } _ ? f § ra _ = a c = } � \ k k � k k /\ �� 3 � ) i . k � ! � \ § } ! \ } N4 I 9 H G[ 0 4 9 9 k / � � ■ • CL ` ) k - k § » s § 7 ) ! % C14 & CL P1 4 I IQ PA GE0500 Exh,At 6-1 LEAVESLEY ROAD WIDENING EAST CITY LEMTS TO EAST CALTRAN'S R/W PORTIONS COVERED BY T.I.F. 1. Traffic Signal at Leavesley and Arroyo Circle $100,000 2. Resurfacing 7,400 SF $3.00 $22,200 3. Median Barrier 300 LF $30.00 $1,500 Total: $132,700 Note: Unit costs are from the 1992 -93 T.I.F. Cost Estimates 419PAGE050 i 2/11/94 EXHIBIT B -2 Leavesley Widening, Portions B & C Estimated Fee Payment Schedule to the City TASK DESCRIPTION Start to 7/94 7/94 to 7/95 7/95 TO 7/96 7/96-7/97 TOTAL PORTION B 1 Mapping, Surveys, R/W $30,000.00 $2,450.04 $32,450.04 2 Prelim. Proj. Set -up $4,826.52 $4,826.52 3 Project Study Report $ 18,754.80 $ 18,754.80 4 Project Report $11,531.84 $11,531.84 5 Project Geometrics $18,660.24 $31,418.40 $50,078.64 6 Proj. Mgmt. & Coord. $10,000.00 $25,000.00 $27,308.96 $62,308.96 7 Plans, Specs, & Est. $0.00 $15,000.00 $157,487.47 $172,487.47 8 Other $8,382.12 $8,382.12 9 Printing $2,000.00 $8,000.00 $10,000.00 $2,772.76 $22,772.76 10 Const. Staking, Insp. $300,464.46 $300,464.46 $95,773.40 $81,868.44 $203,178.55 $303,237.22 $684,057.61 PORTION C 1 Mapping, Surveys, R/W $3,500.00 $549.72 $4,049.72 2 Prelim. Proj. Set -up $147.24 $147.24 3 Project Study Report $1,577.60 $1,577.60 4 Project Report $1,223.68 $1,223.68 5 Project Geometrics $705.00 $1,300.68 $2,005.68 6 Proj. Mgmt. & Coord. $300.00 $700.00 $880.72 $1,880.72 7 Plans, Specs, & Est. $0.00 $1,500.00 $14,980.89 $16,480.89 8 Other $364.44 $364.44 9 Printing $90.00 $400.00 $500.12 $990.12 10 Const. Staking, Insp. $15,138.02 $15,138.02 $7,543.52 $4,450.40 $16,726.17 $15,138.02 $43,858.11 TOTAL B & C: $103,316.92 $86,318.84 $219,904.72 $318,375.24 $727,915.72 First payment to the City will be for FY 94 and 95 total of $189,636 Amount covered by a Letter of Credit will be the remaining $538,280 1 PMT.XLS Page 1 9 Po"i GE 0 5 0 2 IL w 25 50— 4.& O L9 r 4 sc LEAVEAoLCY A.P. N•4 635 -04- iS, Icl, ?,G,,+7,46 491 GO) 51 SO EXHIBIT "D" DATE: 01- Mar -94 NUMBER: 94 -01 CITY OF GILROY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION FINAL CHARGES 4I9PAGE0503 PROJECT LOCATION: OUTLET MALL PHASE IV $58,082.17 PARCEL NUMBER: ------------------------------------------------------- APN 835 -04 -041, 042 and 017 5001 OWNER /DEVELOPER: ------------------------------------------------------- Glen Loma Corp. /Arcadia Homes, Inc. 433 - 2600 -3- 681000 MAILING ADDRESS: ------------------------------------------------------- 7888 Wren Ave. $0.00 TELEPHONE NO: ------------------------------------------------------- 847 -4224 $214,500.00 PREPARED BY: ------------------------------------------------------- Mark Fachin 4510 $58,396.00 ------------------------------------------------------- Key G/L Account Account No. Code Fee: Credits: Amount Due: Description: ------ - - - - -- ---------------- - 100- 2600 -3- 600400 - - - -- ------- - - - - -- ------ - - - - -- -------- - - - - -- 4904 $6,418.04 $0.00 $6,418.04 PW Services 100 - 2600 -3- 600412 4702 $272,501.23 $0.00 $272,501.23 Plan Ck /CM 420 - 2600 -3- 680200 4501 $58,082.17 $58,082.17 431 - 2600 -3- 680300 5001 $0.00 $0.00 433 - 2600 -3- 681000 4905 $531,261.00 $0.00 435 - 2600 -3- 671000 4509 $214,500.00 $0.00 436 - 2600 -3- 695000 4510 $58,396.00 $0.00 720 - 0433 -3- 690000 2202 $0.00 $0.00 801 - 0000 -2- 229015 4703 $115,678.56 $0.00 801 - 0000 -2- 229015 4703 $727,916.00 $0.00 801 - 0000 -2- 229015 4703 $3,315.00 $0.00 $0.00 Storm Fee $0.00 Undrgrnd Fee $531,261.00 Traffic Fee $214,500.00 Sewer Fee $58,396.00 Water Fee $0.00 Cnst Water $115,678.56 Hospital Rmb $189,636.00 Engr Des Fee $3,315.00 Legal Fees Totals ................$1,988,068.00 $58,082.17 $1,391,705.83 -------- - - - - -- -------------- Separate payment by City from $116,495.83 (See Attached Storm Drain storm account 420 - 2600 -4- 680200 = __________= Reimbursement Calculations) Bonds and Letter of Credit PERFORMANCE PAYMENT - - - - -- TOTAL ------ - - - - -- ------------------------------ Outlets Ph IV Improvements - - - - -- ------ - - - - -- -------- (Estimate) $641,095 $320,548 $961,643 Portion B & C Improvements (Estimate) $0 $0 $4,292,122 Total $641,095 $320,548 $5,253,765 SERVICE CHARGES (1) NOTE: This effect at 114 1 01 PGE0504 CITY OF GILROY No. 94 -01 DEPARTMENT OF PUBLIC WORKS --- ---- -- - --- DEVELOPMENT COST SCHEDULE Date 01- Mar -94 FINAL ESTIMATE - ----- -- - ---- Prepared by Mark Fachin 100 % cost schedule has been adjusted to the rates in the time Building Permits were issued. Location of Property OUTLET MALL PHASE IV ----------------------------------- Assessor's Parcel No. APN 835 -04 -041, 042 and 017 ----------------------------------- Name of Applicant Glen Loma Corp. /Arcadia Homes, Inc. ----------------------------------- Mailing Address 7888 Wren Ave. Special Public Works Services Maps: Final $3,025.00 + Parcel $1,070.00 + $50.00 /lot $100.00 /lot 100 - 2600 -3- 600400 $6,418.04 100% $6,418.04 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 -------- - - - - -- (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? 177,087 Y South Valley Hospital? N General Industrial? 0 N Warehouse Industrial? 0 Commercial /Industrial Allocations: N Common Area? 0 Sewer Allocation GPD 26,000 N Assembly Hall? Water Allocation GPD 52,000 C Storm Basin No. Lots 1 Number of Lots Used in Estimate 1 Total Area 16.426 Acres Number of Acres Used in Estimate 16.426 Actual FF 801.32 Feet Front Footage used for FF Charges 801.32 Front Footage used for Cost of Improvements and Const Water 801.32 Special Public Works Services Maps: Final $3,025.00 + Parcel $1,070.00 + $50.00 /lot $100.00 /lot 100 - 2600 -3- 600400 $6,418.04 100% $6,418.04 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 (Cost Schedules, Agreemen 80 hr Misc Services Public Works Microfilming 1- 6 sht $149.94 + Y4I9PAGE0505 Services: ts, R/W Reviews and Other Misc. Services) $77.00 /hr. Y $6,160.00 (Maps and Plans): $6.62 /sheet $0.00 7 -12 sht $191.84 + $6.62 /sheet $258.04 13 -18 sht $233.73 + $6.62 /sheet $0.00 # of Shts 10 Engring Plan Check and Inspection 100 - 2600 -3- 600412 $272,501.23 (Based on total cost of public ---- -- - ----- right -of -way improvements) 100% $272,501.23 0 hr Onsite grading $77.00 /hr. N $0.00 Offsite Improvements to be Bonded $3,835,095 Actual Cost of Public Improvements $3,835,095 10% of first $100,000 -------- $10,000.00 - - - - -- 8% of $100,000 to $200,000 $8,000.00 - - - - -- 7% of over $200,000 -------- -------- $254,456.65 - - - - -- 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 100% Zone A $2,216.82 /acre Y $0.00 Zone A -1 $4,418.71 /acre Y $0.00 Zone B $2,076.34 /acre Y $0.00 Zone C $3,535.99 /acre Y $58,082.17 Zone D $2,193.17 /acre Y $0.00 Zone E $1,652.28 /acre Y $0.00 Zone F $3,051.34 /acre Y $0.00 Zone Q $2,774.18 /acre Y $0.00 Zone R $1,387.57 /acre Y $0.00 Obata Industrial Park Credits Obata Fee Credit $1,170.00 /acre Y $0.00 COST SCHEDULE (2) $58,082.17 $58,082.17 N4I9PMAGE0506 Front Foot Charges: (Used to charge and reimburse fees for existing infrastructure) South Valley Hospital Half Pipe Murray $22.93 / f.f. x No Name $100.99 / f.f. x Las Animas /San Ysidro 801 - 0000 -2- 229015 $115,678.56 Front Footage 100% $115,678.56 N 0.00 = $0.00 ------- - - - - -- -------- - - - - -- N 0.00 = $0.00 _ ------------ -------- - - - - -- $144.36 / f.f. x Y 801.32 = $115,678.56 ------------ -------- - - - - -- 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.f. x Front Footage $14.00 6 " ---- - - - - -- Main $12.50 / f.f. x ------- N - - - - -- 0.00 = $0.00 - - - -- 8 " Main $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.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 -------- - - - - -- 84 Main $52.00 / f.f. x 90 " Main $55.00 / f.f. x 96 " Main $58.00 / f.f. x N4' 1 9 PA GE0507 N 0.00 = $0.00 - - -- ------------ -------- N 0.00 = - - $0.00 -- ------------ -------- N 0.00 = =------ - - - - -- -------- - - - - $0.00 - - - - -- Utility Underground Fee 431 - 2600 -3- 680300 $0.00 Front Footage 100% $0.00 $118.36 / f.f. x N 0.00 Traffic Impact Fee 433 - 2600 -3- 681000 $531,261.00 100% $531,261.00 Single Family Res $2,727.000 /d.u. Y $0.00 High Density Res Commercial High- traffic (> 4 trips /1000 sf) Commercial Low - traffic ( <= 4 trips /1000 sf) Industrial General $2,209.000 /d.u. $6.083 /gross s.f. $3.000 /gross s.f. $1.175 /gross s.f. Y $0.00 Y $0.00 Y $531,261.00 Y $0.00 Industrial Warehouse $0.866 gross s.f. Y $0.00 Sewer Development Fee 435 - 2600 -3- 671000 $214,500.00 a.Single Family Residential: 100% $214,500.00 $2,186.00 / dewelling unit Y $0.00 b.High Density Residential: $0.00 / dewelling unit Y $0.00 c.Commercial /Industrial: $825.00 / 100 gals. /day or Y $214,500.00 $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 `,(n) Water ^Development Fee a.Single Family Residential: $1,075.00 / dewelling unit b.Commercial /Industrial: $1,123.00 / 419PAGE0508 436 - 2600 -3- 695000 1,000 gals. /day c.Additional allocation for existing service that does not have a water allocation agreement: $58,396.00 100% $58,396.00 Y $0.00 Y $58,396.00 100% of water development fee 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 N $0.00 100% $0.00 $2.58 / f.f. + $168.14 /a.c. 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. ARCADIA HOMES, INC. Accepted by: ' Louie P. Tersini Vice President � Date: 13 — / - / COST SCHEDULE (Q) GLEN LOMA CORPORATION Accepted b : J K. - F li e President Date: 3 " / , 1� y State of California County of Santa Clara 4 i 9PAGE0509 On February 28, 1994 before me, Susanne E. Steinmetz, City Clerk 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 in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hall and official seal. Signaturejp �ef1'l2cJ i. �GE SUSANNE E. STEINMETZ, City Cler per GC Sec. 40814; CC Sec. 1181 (This area for official city seal) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Susanne E. Steinmetz, City Clerk City of Gi ".rcy, County of Santa Clara State of Call'ornia per Civil Code Sec. 1181 ty of Gil rnment Code Sec. 40814 State of California County of Santa Clara On 3/1/94 before me, Gayle M. Dartez, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Louie P. Tersini NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(sy whose name(.e) is/afes' subscribed to the within instrument and ac- knowledged to me that he /slimy executed J' the same in his /hex4H>ir authorized FI►WEM.oAtiTEZ capacity(isa- , and that by his /bef7t -fir s f signature(s) vn the instrument the persons ,, or the entity on behalf of which the SANiA CLAitA COt�iY � Y u P Mi►Canm.EapilwN0V0.t946 person(sj acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: No. 5193 � OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: WITNE S my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT Dev. . agreement Ph. IV NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184