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PIA No. 2015-03 - Gilroy Pacific AssociatesRECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 2298667 II Pages: 24 ses LAMTPAliD-- 9-4.00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) RDE # 026 6/15/2015 227 PM Property Improvement Agreement No. 2015 -03 Alexander Station Apartments APN: 841 -16 -061, 841 -16 -029 & 841 -16 -004 Gilroy Pacific Associates, a California Limited Partnership -1- 1KKS11065242:1 9/18/12 rev. 3/23/15 091812- 04706091. , PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. 2015 -03 This Property Improvement Agreement ( "Agreement ") is made and entered into this 20`h day of April, 2015, by and among the City of Gilroy, a municipal corporation, herein called the "City," and Gilroy Pacific Associates, a California Limited Partnership, herein called the "Developer ". WHEREAS, a tentative 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 and property improvements known as and called: Alexander Station Apartments being a portion of APN: 841 -16 -061, 841 -16 -029 & 841 -16 -004, a legal description of which is attached hereto and incorporated herein as Exhibit "A" (the "Property"), and as described in the project improvement plans entitled Alexander Station Apartments. WHEREAS, the Developer is the fee owner of the Property and requires certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this Agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations and established policies of the City and the laws of the State of California and the United States of America it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. -2- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812- 04706091 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 established policies of the City and the laws of the State of California and the United States of America, including without limitation, the California Labor Code and California Public Contract Code. Developer further agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States of America, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage 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 the Property necessary for the City in order that its water, electricity, and/or sewer lines in or to said Property may be extended. c. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorneys' fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said Property which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said Property; or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this Agreement, including without limitation all claims relating to injury or death of any person or damage to any property. d. To construct and improve all public works facilities and other improvements described in this Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this Agreement on file with the City of Gilroy. All construction and improvements shall be completed in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, Regulations and established policies of the City and the laws of the State of California and the United States of America, and this Agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer -3- WKS11065242.1 9/18/12 rev. 3/23/15 091812 -04706091 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 of ten percent (10 %) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one -year maintenance period. The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance's website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to the City prior to Council approval of the final map of the subdivision. Upon approval of 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 other sums payable by Developer pursuant to the attached comprehensive fee schedule. 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 (applicable if Developer has employees); 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 -4- WKS11065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That 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 two years from and after the date and year of this Agreement 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 4 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 5 That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is an instrument affecting the title or possession of the real property and runs with the land. Except as expressly provided in the second sentence of Item 9 of the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and permitted assigns and all subsequent fees owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and/or entity. Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement. -5- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812- 04706091 SECTION 6 That the following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer. 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 Public Works Director /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. Off -site public improvements shall be installed per the approved Improvement Plans. 6. The Developer shall provide to the City of Gilroy electronic files, in a format acceptable to the City (PDF, DWG format, AutoCAD 2004 maximum) of the final map, tract map and/or parcel map, improvement plans, and record drawings. 7. Prior to the first certificate of occupancy, all roadway infrastructures shall be in place and covered with an all- weather road subject to the approval of the City Engineer. 8. The project shall adhere to all architectural and site conditions under application A &S 13 -33. 9. Expedited review fees shall be paid in full prior to final map approval. 10. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. unless otherwise approved in writing by the City Engineer for general construction activity. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 11. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone number list. 12. No utility boxes are allowed to be constructed in the sidewalk without prior written approval by the City Engineer. 13. At least one week prior to commencement of work, the developer shall post the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Department, a -6- %KKS11065242.1 9/18/12 rev. 3/23/15 091812-04706091 notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 14. The developer shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. This plan shall be subject to review and approval by the Engineering Department prior to the issuance of a grading permit. 15. Any damage resulting from project construction operations to existing city streets on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full expense of the developer /contractor. This shall include slurry seal, overlay, or street reconstruction if reasonably deemed warranted by the City Engineer. 16. The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments, which was adopted on August 4, 2014 to meet the requirements imposed by the State of California's Water Board. This Ordinance established permanent voluntary water saving measures and temporary water conservation standards.. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. 17. This project is subject to post - construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code. Post - construction treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and /or improvement plan approval. a. Stormwater BUT Operation and Maintenance Agreement i. Prior to the issuance of any building permit requiring stormwater management BMPs, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is -7- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City- approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. b. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: iii. Site address; iv. Date and time of inspection; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and ix. As applicable, the need for site re- inspection. c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1St for the Fall report, and no later than March 15th of the following year for the Winter report. 18. If there are any reimbursements payable to the Developer, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Developer named in this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City's reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. Such reimbursement shall be solely contingent upon the availability of the City's Traffic Impact Fee Funds and in no case shall the reimbursement be paid beyond ten (10) years after the execution of the Agreement. In addition to any other conditions, requirements and limitations set forth in the City's reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Developer's reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, -8- 1KK&1065242.1 9/18/12 rev. 3/23/15 091812 -04706091 in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be of high importance are determined by City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance. Reimbursements payable to Developer, subject to the terms and conditions of this Agreement and the City's reimbursement policies and ordinances in effect from time to time. SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $7,107,244.11 (Minimum, actual amount to be determined) CITY OF GILROY DEVELOPER: By: Thomas J. Haglund City Adm' 'strator ,, Date: 5 a Gilroy Pacific Associates, a California Limited Partnership By: ZL� Name: ('ale 4 Ae^ Title: -erq / A,%1 "er Date: y - .2 7 -/s -9- WKS11065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 FORM: Attorney 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. [ATTACH EXHIBIT A- LEGAL DESCRIPTION [ATTACH CURRENT NOTARY FORM(S)] -10- WKS11065242.1 9/18/12 rev. 3/23/15 091812- 04706091 LEGAL DESCRIPTION FOR ALEXANDER STATION APARTMENTS Real property in the City of Gilroy, County of Santa Clara, State of California [APN(S): 841 -16 -029 (as to Parcel One) and 841 -16 -004 (as to Parcel Two), and 841 -16 -061 (as to Parcel Three)], described as follows: PARCEL ONE: BEING A PART OF SUB LOT 21 AS SHOWN UPON MAP NO. 8 AND A PART OF RANCH LOT 44 AS SHOWN UPON MAP NO. 7 SAID MAPS, ACCOMPANYING THE REPORT OF THE. REFEREES IN THE LAS ANIMAS RANCHO PARTITION SUIT ACTION NO. 5536 HAD IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE IN THE SOUTHERLY LINE OF NINTH STREET IN THE CITY OF GILROY AT THE MOST NORTHWESTERLY CORNER OF THE 5.22 ACRE TRACT OF LANDCONVEYED TO LUIGI POLETTI BY DEED RECORDED AUGUST 30, 1920 IN BOOK 516 OF DEEDS, PAGE 508, SAID POINT OF BEGINNING BEING ALSO SOUTH 700 00' WEST 56.75 FEET FROM THE INTERSECTION OF THE SOUTHERLY LINE OF NINTH STREET WITH THE EASTERLY LINE OF ALEXANDER STREET; THENCE FROM SAID POINT OF BEGINNING ALONG THE SAID SOUTHERLY LINE OF NINTH STREET SOUTH 700 00' WEST 40.02 FEET TO A 4" X 4" REDWOOD POST MARKED CPC2 STANDING AT THE MOST NORTHEASTERLY CORNER OF THE 4.65 ACRE TRACT OF LAND CONVEYED TO THE CALIFORNIA PACKING CORPORATION BY DEED RECORDED IN BOOK 452, OFFICIAL RECORDS, PAGE 456; THENCE ALONG THE EASTERLY LINE OF SAID 4.65 ACRE TRACT SOUTH 210 52' EAST 521.02 FEET TO A 4" X 4" REDWOOD POST MARKED CPC3; THENCE PARALLEL WITH THE CITY LIMIT LINE SOUTH 700 00' WEST 396.51 FEET TO AN IRON PIPE (GIVEN AS 397.47 FEET IN THE ABOVE MENTIONED CONVEYANCE OF THE 4.65 ACRE TRACT) STANDING IN THE EASTERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC COMPANY, BEING ALSO IN THE LINE BETWEEN SUB LOTS 21 AND 22A, THENCE ALONG SAID RIGHT OF WAY LINE AND COMMON LOT LINE, SOUTH 200 00' EAST 73.27 FEET TO THE POINT OF INTERSECTION OF THE SOUTHERLY CITY LIMIT LINE; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE AND THE LINE COMMON TO RANCH LOTS 44 AND 68, SOUTH 200 00' EAST, 471.14 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE ALONG THE ARC OF A CURVE HAVING A RADIUS OF 17,138 FEET (00 20' CENTERLINE CURVE) THROUGH AN ANGLE OF 00 30'55- FOR AN ARC DISTANCE OF 154.14 FEET TO AN IRON PIPE AT THE INTERSECTION OF SAID LINE WITH THE NORTHERLY LINE OF BANE LANE, BEING THE SOUTHERLY FINE OF SAID LOT 44; THENCE ALONG THE NORTHERLY LINE OF BANE LANE, SOUTH 890 45' EAST 467.07 FEET TO AN IRON PIPE AT THE SOUTHWESTERLY CORNER OF THE TRACT CONVEYED TO HOBBS BY DEED RECORDED IN 1894 IN BOOK 178 OF DEEDS, PAGE 11; THENCE ALONG THE WESTERLY LINE OF SAID LAND OF HOBBS, NORTH 20° 00' WEST 786.85 FEET TO AN IRON PIPE STANDING IN THE SOUTH CITY LIMIT LINE AT THE NORTHWEST CORNER OF SAID TRACT OF HOBBS AND THE SOUTHWEST CORNER OF SAID TRACT OF POLETTI, THENCE ALONG THE WESTERLY LINE OF SAID TRACT OF POLETTI NORTH 210 52" WEST 594.31 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN THE DEED' FROM MANABI HIRASAKI ET UX TO THE CITY OF.GILROY, A MUNICIPAL CORPORATION, DATED SEPTEMBER 17, 1957 AND RECORDED DECEMBER 08, 1964 IN BOOK 6770 OFFICIAL RECORDS, PAGE 524. RECORDER'S SERIAL NUMBER 2756376 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE IN THE SOUTHEASTERLY LINE OF NINTH STREET IN THE CITY OF GILROY, DISTANT THEREON SOUTH 70' 00' WEST 56.75 FEET FROM THE POINT OF INTERSECTION OF THE SOUTHEASTERLY LINE OF NINTH STREET WITH THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF ALEXANDER STREET; THENCE LEAVING NINTH STREET SOUTH 21° 52' EAST 594.31 FEET TO AN IRON PIPE ON THE SOUTHERLY CITY LIMITED LINE OF SAID CITY OF GILROY; THENCE SOUTH 200 00' EAST 26.17 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, SAID TRUE POINT OF BEGINNING ALSO BEING THE MOST EASTERLY CORNER OF THAT CERTAIN 1.00 ACRE PARCEL OF LAND CONVEYED BY MANABI HIRASAKI, ET UX, TO MIKE J. FILICE, ET AL, BY DEED DATED OCTOBER 3, 1951 AND RECORDED NOVEMBER 06, 19511 N BOOK 2311 OF OFFICIAL RECORDS, PAGE 531, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID TRUE POINT OF BEGINNING ALONG THE SOUTHEASTERLY LINE OF SAID 1.00 ACRE PARCEL OF LAND, SOUTH 700 00' WEST 40.00 FEET; THENCE SOUTH 210 31' 15" EAST 753.57 FEET TO THE NORTHERLY LINE OF BANES LANE; THENCE ALONG THE NORTHERLY LINE OF BANES LANE 21.32 FEET TO THE MOST EASTERLY CORNER OF SAID 8.326 ACRE TRACT OF LAND; THENCE LEAVING BANES LANE AND RUNNING ALONG THE NORTHEASTERLY LINE OF 'SAID 8.326 ACRE TRACT OF LAND NORTH 200 WEST 760.68 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM: ALL THAT PORTION THEREOF DESCRIBED IN THE DEED FROM THE CITY OF GILROY, TO THE COUNTY OF SANTA CLARA, RECORDED APRIL 01, 1970 IN BOOK 8876, PAGE 554 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE INTERSECTION OF THE WESTERLY LINE OF ALEXANDER STREET, 60 FEET WIDE WITH THE SOUTHERLY LINE OF THAT CERTAIN 1 ACRE PARCEL OF LAND DESCRIBED BY THE DEED FROM MIKE J. FILICE, ET AL TO THE GILROY TELEPHONE COMPANY RECORDED IN BOOK 2311 OF OFFICIAL RECORDS, PAGE 532 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA; THENCE FROM SAID POINT OF BEGINNING NORTH 210 10' 16" WEST 14.17 FEET ALONG THE WESTERLY LINE OF ALEXANDER STREET TO A POINT, THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 20 FEET AND A CENTRAL ANGLE OF 900 TO A POINT IN A LINE PARALLEL WITH AND 34.17 FEET MEASURED AT RIGHT ANGLES NORTHERLY FROM THE SOUTHERLY LINE OF SAID 1 ACRE PARCEL; THENCE SOUTH 70° 41'44- WEST 378.92 FEET ALONG SAID PARALLEL LINE TO THE EASTERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE SOUTH 190 10' 16" EAST 34.17 FEET ALONG SAID EASTERLY LINE TO A POINT IN THE SOUTH LINE OF SAID 1 ACRE PARCEL OF LAND; THENCE NORTH 700 41' 44" EAST 390.92 FEET ALONG SAID SOUTHERLY OF THE 1 ACRE PARCEL TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN THE DEED FROM MANABI HIRASAKI ET UX TO MIKE J. FILICE ET AL DATED OCTOBER 03, 1951 AND RECORDED NOVEMBER 06, 1951 IN BOOK 2311, PAGE 531, OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PART OF SUB LOT 21 AS SHOWN ON MAP NO. 8 AND A PART OF RANCH LOT NO. 44 AS SHOWN ON MAP NO. 7, SAID MAPS BEING THOSE ACCOMPANYING THE REPORT OF THE REFEREES IN THE LAS ANIMAS RANCHO PARTITION SUIT, ACTION NO. 5536 HAD IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE AT THE SOUTHWESTERLY CORNER OF THE LANDS OF THE CALIFORNIA PACKING CORPORATION AS DESCRIBED IN DEED RECORDED IN BOOK 452, PAGE 456 OF OFFICIAL RECORDS OF SANTA CLARA COUNTY, AND RUNNING THENCE ALONG THE EASTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY 5. 200 00' EAST 99.44 FEET, THENCE NORTH 700 00' EAST 438.92 FEET TO A POINT IN THE SOUTHWESTERLY LINEOF BRAM AS DESCRIBED IN DEED RECORDED IN BOOK 178 OF DEEDS, PAGE 11, RECORDS OF SANTA CLARA COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 200 00' WEST 26.17 FEET TO AN IRON PIPE AT THE NORTHWESTERLY CORNER OF SAID LANDS OF BRAM; THENCE ALONG THE SOUTHWESTERLY LINE OF THE LANDS OF BRAM AS DESCRIBED IN DEED RECORDED IN BOOK 516, PAGE 508, RECORD OF SANTA CLARA COUNTY NORTH 210 52' WEST 73.31 FEET; THENCE SOUTH 70° 00' WEST 436.53 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN THE .DEED TO GILROY NISEL ATHLETIC CLUB, A NON- PROFIT CORPORATION RECORDED APRIL 19, 1956 OFFICIAL RECORDS IN BOOK 3472, PAGE 17 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF RANCH LOT 44 AS SHOWN ON MAP NO. 7 ACCOMPANYING THE FINAL REPORT OF THE REFEREES IN THE .LAS ANIMAS RANCHO PARTITION SUIT, ACTION NO. 5536 HAD IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE IN THE SOUTHERLY LINE OF RANCH LOT 44 AND THE NORTHERLY LINE OF BANE LANE AS SHOWN ON SAID MAP, DISTANT THEREON :NORTH 890 45' WEST 252.23 FEET FROM THE SOUTHWEST CORNER OF RANCH LOT 45 AND FROM WHICH THE SOUTHWEST CORNER OF THAT TRACT CONVEYED TO HOBBS BY DEED RECORDED IN 1894 IN BOOK 178 OF DEEDS, PAGE 11, SANTA CLARA COUNTY RECORDS, BEARS SOUTH 89° 45' EAST 42.63 FEET, AND RUNNING THENCE ALONG THE SOUTHERLY LINE OF RANCH LOT 44 AND THE NORTHERLY LINE OF BANE LANE NORTH 890 45' WEST 100.00 FEET THENCE NORTH 200 00' WEST 75.00 FEET; THENCE NORTH 700 00' EAST 93.82 FEET, THENCE SOUTH 200 00' EAST 109.61 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN THE DEED TO CITY OF GILROY, A MUNICIPAL CORPORATION, RECORDED FEBRUARY 18, 1957 IN BOOK 3733, PAGE 68 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PART OF SUB LOT NO. 21 AS SHOWN ON MAP NO. 8 ACCOMPANYING THE REPORT OF THE REFEREES IN THE LAS ANIMAS RANCH PARTITION SUIT, ACTION NO. 5536 HAD IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE IN THE SOUTHERLY LINE OF NINTH STREET IN THE CITY OF GILROY AT THE MOST NORTHWESTERLY CORNER OF THE 5.22 ACRE TRACT OF LAND CONVEYED TO LUIGI. POLET -I BY DEED RECORDED AUGUST 30, 1920 IN BOOK 516 OF DEEDS AT PAGE 508, RECORDS OF SANTA CLARA COUNTY, AND RUNNING THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LANDS OF POLEM SOUTH 210 52' EAST 521.02 FEET; THENCE SOUTH 70° 00 ". WEST 40.02 FEET TO THE MOST EASTERLY CORNER OF THE LANDS OF THE CALIFORNIA PACKING CORPORATION AS DESCRIBED IN DEED RECORDED IN BOOK 452 AT PAGE 456 OFFICIAL RECORDS OF SANTA CLARA COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAND NORTH 210 52' WEST 521.02 FEET TO THE MOST NORTHERLY CORNER THEREOF IN THE SOUTHERLY LINE OF NINTH STREET; THENCE ALONG THE SOUTHERLY LINE OF NINTH STREET NORTH 700 00' EAST 40.02 FEET TO THE POINT OF BEGINNING. PARCEL TWO: BEING A PORTION OF RANCH LOT 44 AS SHOWN ON MAP NO. 7 ACCOMPANYING THE FINAL REPORT OF THE REFEREES IN THE LAS ANIMAS RANCHO PARTITION SUIT, ACTION NO. 5536 HAD IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: "BEGINNING AS AN IRON PIPE IN THE SOUTHERLY LINE OF RANCH LOT 44 AND THE NORTHERLY LINE OF BANE LANE AS SHOWN ON SAID MAP DISTANT THEREON NORTH 890 45' WEST 252.23 FEET FROM THE SOUTHWEST CORNER OF RANCH LOT 45 AND FROM WHICH THE SOUTHWEST CORNER OF THE TRACT CONVEYED TO HOBBS BY DEED RECORDED IN 1894 IN BOOK 178 OF DEEDS, PAGE 11, SANTA CLARA COUNTY RECORDS, BEARS SOUTH 800 45' EAST 42.63 FEET, AND RUNNING THENCE ALONG THE SOUTHERLY LINE OF RANCH LOT 44 AND THE NORTHERLY LINE OF BANE LANE NORTH 890 45' WEST 100 FEET; THENCE NORTH 200 00' W, 75.00 FEET; THENCE NORTH 70° 00' EAST 93.82 FEET, THENCE SOUTH 200 00' EAST 109.61 FEET TO THE POINT OF BEGINNING. PARCEL THREE: BEGINNING AT THE POINT OF THE INTERSECTION OF THE WESTERLY LINE OF ALEXANDER STREET, 60 FEET WIDE WITH THE SOUTHERLY LINE OF THAT CERTAIN 1 ACRE PARCEL OF LAND DESCRIBED BY THE DEED FROM MIKE J. FILICE, ET AL TO THE GILROY TELEPHONE COMPANY RECORDED IN BOOK 2311 OF OFFICIAL RECORDS AT PAGE 532 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA; THENCE FROM SAID POINT OF BEGINNING NORTH 21 DEG. 10' 16" WEST 14.17 FEET ALONG THE WESTERLY LINE OF ALEXANDER STREET TO A POINT; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 20 FEET AND A CENTRAL ANGLE OF 90 DEG. TO A POINT IN A LINE PARALLEL WITH AND 34.17 FEET MEASURED AT RIGHT ANGLES NORTHERLY FROM THE SOUTHERLY LINE OF SAID 1 ACRE PARCEL; THENCE SOUTH 70 DEG. 41'44" WEST 378.92 FEET ALONG SAID PARALLEL LINE TO THE EASTERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE SOUTH 19 DEG. 18' 16" EAST 34.17 FEET ALONG SAID EASTERLY LINE OF A POINT IN THE SOUTH LINE OF SAID 1 ACRE PARCEL OF LAND; THENCE NORTH 70 DEG. 41'44" EAST 398.92 FEET ALONG SAID SOUTHERLY LINE OF THE 1 ACRE PARCEL TO THE POINT OF BEGINNING. ENCOMPASS NO: E1 DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 7/1/2014 15030014 Revised: Revision Number. 03- Apr -15 Revision By: THE COURTS 199 Banes Lane Tenth & Alexander 841 -16-061 & 841 -16 -029 & 841 -16-004 Pacific West Communities, LLC 4/3/2015 11:31 AM PREPARED BY: MCervantes Account No. Key Code Fee: Credits: Amount Due: Account Description Paid on Invoice # 100 - 2601 -0000 -3625 4904 $2,665.00 $2,665.00 $0.00 Special Public Works Sery 100 - 2601 -0000 -3605 4702 $68,748.37 $28,417.00 $40,331.37 Eng Plan Check & Insp 420 -2600- 0000 -3660 4501 $6,113.40 $6,113.40 Storm Development Fee 432 - 2600 - 0000 -3660 3301 $3,983.56 $3,983.56 Str Tree Development Fee 433 - 2600 - 0000 -3660 4905 $2,220,834.25 $765,768.38 $1,455,065.87 Traffic Impact Fee 435 - 2600 - 0000 - 3660 4509 $1,581,419.00 $78,006.34 $1,503,412.66 Sewer Development Fee 436 - 2600 -0000- 3660 4510 $456,831.00 $17,096.36 $439,734.64 Water Development Fee 440 - 2600 - 0000 -3660 4515 $3,884,308.32 $225,705.71 $3,658,602.61 Public Facility Fee 720 - 0433 -0000 -3620 2202 $0.00 $0.00 Const Water Use Fee 801- 2601 -PWDO -3899 4703 $0.00 $0.00 Reimbursements 801 - 2601 -PWDO -3899 4703 $0.00 $0.00 Other Reimbursements Total $7,107,244.11 Payment Bond Amount for all improvements $743,433 Performance Bond Amount for all improvements $743,433 BASED ON PROPERTY DETAIL REPORT WATER SEWER BASED ON CONSUMPTION COST S dEE/Eaaw4 s&iketse i#6bpwwkDc@§t2S \Miscellaneous Projec"exander Station (Tenth & Alexander)1Fees- Invoices\Dev Fees 7 -1 -2014 COMBINED FEES ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE Ell 15030014 3- Apr -2015 THE COURTS 199 Banes Lane Tenth & Alexander 841 -16 -061 & 841 -16 -029 & 841 -16 -004 Pacific West Communities, LLC MCervantes 4/3/2015 11:31 AM SPECIAL PUBLIC WORKS SERVICES FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK ? N INCENTIVE AGREEMENT ONLY ? N PUBLIC FACILITY FEE? TO PERMIT? N TO FINAL ? N (DEFER DEFER SEWER, WATER, TRAFFIC FEES? N $0.00 TO PERMIT? N TO FINAL ? N NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect at the time permits are issued. $2,665.00 Site Information: Gross Acres: Parcels: Lots (Units): Sq Ft: Residential -Low ? 0.000 $1,710.00 + $630.00 / parcel Residential -High ? 6.900 1 263 Commercial -Low ? 0.000 0 2,713 Commercial -High 7 0.000 0 0 Industrial - General ? 0.000 0 $0.00 0 Industrial- Warehouse ? 0.000 0 0 Assembly Hall? 0.000 0 / hr. 0 Common Area? 0.000 0 Commercial /Industrial Allocations: SewerGPD: WaterGPD: 0 0 Reimbursements and credits: Front Footage /Square Footage Charges and Construction Water. Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed: 1,148.0 0.0 0.0 0.0 0.000 Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF: 0.0 0.0 0.0 0.0 0.0 SPECIAL PUBLIC WORKS SERVICES 100- 2601 -0000 -3625 $2,665.00 Maps: Final Map $1,755.00 + $15.70 / parcel N $0.00 Fee ID NO- FINALM Parcel Map $2,035.00 + $630.00 / parcel y $2,665.00 Fee ID NO- PARCELM Reassessment Map (Assessment District Parcels) $1,710.00 + $630.00 / parcel N $0.00 Fee ID N- ASSESM Administration Fees: (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) 0 hr Misc Services $185.00 / hr. Y $0.00 Fee ID N -MISC Special Staff Analysis 0 hr Special Analysis $143.44 / hr. N $0.00 COST SZ4E&da* lfitektavd ftc2@t$s \Miscellaneous ProjectiWexander Station (Tenth 8 Alexander)\Fees- Invoices\Dev Fees 7 -1 -2014 COMBINED FEES ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 -0000 -3605 COST ESTIMATE $68,748.37 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0.00 At time of Improvement Plan /Final Map submittal 40% of fee is due for Plan Check. Remainder 60% due prior to submittal of Final Map for Council approval Additional Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to Approved Plans 0 hr Additional Plan Review $143.44 / hr. N $0.00 (2 Hour Minimum) Re- Inspection Fee 0 hrRe- Inspection $125.00 / hr. N $0.00 Inspections outside of normal business hours 0 hr Inspection $475.00 + (Based on total cost of improvements) Estimated Cost of Improvements 12.6% $0 10.5% $100,000 8.4% over Payment Bond Amount for all improvements Performance Bond Amount for all improvements IMPACT FEES Storm Drain Impact Fee a.Residential -Low b.Residential -High c.Commercial d.Industrial e.Assembly Hall Street Tree Fee a.City Planting and Replacement $3.06 I f.f. x b.lnspection and Replacement $0.41 / f.f. x Traffic Impact Fee a.Residential -Low b.Residential -High c.Commercial -Low Traffic (< 10.75 trips/1000 sf) d.Commercial -High Traffic ( >= 10.75 trips/1000 sf) e.lndustrial- General f.l nd ustrial- Warehouse $160.00 / hr. after 3hrs N $0.00 $564.00 COST acre ACTUAL $0.00 ESTIMATE / COST Y $743,433 $1,528.00 $0 $100,000 Y $12,600.00 Y $0.00 $200,000 Y $10,500.00 Y $0.00 $200,000 Y $45,648.37 Y $0.00 $743,433 $743,433 413/2015 11:31 AM Fee ID NO- GRADINS Fee ID NO- GRADINS Fee ID NO- GRADINS DIFFERENCE ($68,748.37) Fee ID NO- PCKINSP $6,113.40 Fee ID NO -SD -LD Fee ID NO -SD -HD Fee ID NOSD -C Fee ID NO -SD -1 Fee ID NO -SD -AH $3,983.56 Fee ID NO- TREEPLT Fee ID NO- TREEINS $2,220,834.25 Fee ID N1- TRAF -LD Fee ID N2- TRAF -HD Fee ID N3- TRAF -CL Fee ID N3- TRAF -CH Fee ID N4- TRAF -IG Fee ID N4- TRAF -IW COST SQHEDkdE&EBW46&lf✓Z&'Osed6bP W f;A2 @t2S1Miscellaneous ProjecOAlexander Station (Tenth & Alexander)\Fees- InvoicestDev Fees 7 -1 -2014 COMBINED FEES 420 - 2600 -0000 -3660 $564.00 I acre Y $0.00 $886.00 / acre Y $6,113.40 $1,528.00 / acre Y $0.00 $1,128.00 / acre Y $0.00 $564.00 / acre Y $0.00 432 - 2600 -0000 -3660 y 1,148.0 = $3,512.88 Y 1,148.0 = $470.68 433 - 2600 -0000 -0660 $10,272.00 / unit Y $0.00 $8,327.00 / unit Y $2,190,001.00 $11,365.00 / k.s.f. Y $30,833.25 $22,958.00 / k.s.f. Y $0.00 $4,504.00 / k.s.f. Y $0.00 $3,264.00 / k.s.f. Y $0.00 413/2015 11:31 AM Fee ID NO- GRADINS Fee ID NO- GRADINS Fee ID NO- GRADINS DIFFERENCE ($68,748.37) Fee ID NO- PCKINSP $6,113.40 Fee ID NO -SD -LD Fee ID NO -SD -HD Fee ID NOSD -C Fee ID NO -SD -1 Fee ID NO -SD -AH $3,983.56 Fee ID NO- TREEPLT Fee ID NO- TREEINS $2,220,834.25 Fee ID N1- TRAF -LD Fee ID N2- TRAF -HD Fee ID N3- TRAF -CL Fee ID N3- TRAF -CH Fee ID N4- TRAF -IG Fee ID N4- TRAF -IW COST SQHEDkdE&EBW46&lf✓Z&'Osed6bP W f;A2 @t2S1Miscellaneous ProjecOAlexander Station (Tenth & Alexander)\Fees- InvoicestDev Fees 7 -1 -2014 COMBINED FEES Sewer Impact Fee 435- 2600 -0000 -3660 a.Residential -Low $11,113.00 / unit Y $0.00 b.Residential -High $6,013.00 / unit Y $1,581,419.00 c.CommerciaVlndustdal $3,517.00 / cgpd Y $0.00 Water Impact Fee 436 - 2600 -0000 -3660 Main a.Residential -Low $4,294.00 / unit Y $0.00 b.Residential -High $1,737.00 / unit Y $456,831.00 c.CommeroiaVlndustdal $6,731.00 / kgpd Y $0.00 Public Facilities Impact Fee Fee ID N- WR08 -1/2 440- 2600 -0000 -3660 Main a.Residential -Low $17,522.00 / unit Y $0.00 b.Residential -High $14,742.00 / unit Y $3,877,146.00 c.Commercial $2,640.00 / k.s.f. Y $7,162.32 d.lndustrial $1,168.00 / k.s.f Y $0.00 4/3/2015 11:31 AM $1,581,419.00 Fee ID N1 -SS -LD Fee ID N2 -SS -HD Fee ID N5- SS -C /I $456,831.00 Fee ID N1- WATR -LD Fee ID N2- WATR -HD Fee ID N5- WTR -C /I Fee ID N1 -PF -LD Fee ID N2 -PF -HD Fee ID N3 -PF -C Fee ID N4 -PF -I $3,884,308.32 Water User Fee (Construction) 720 -0433 -0000 -3620 Y $0.00 $3.00 / f.f. $0.00 Fee ID NO- CONWTFF plus $182.73 / a.c. $0.00 Fee ID NO- CONWTAC FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure) The Half Pipe schedule is used to determine the front footage reimbursement to former developers for infrastructure previously installed along the front footage of the development. The Full Pipe schedule is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main extensions to sizes required by each master plan that are greater than the sizes required by the development. The oversized portion is the difference between the master planned size for the main and the greater of the main size required by the development or the developers minimum responsibility for each main. Water 801 - 2601 -PWDO -3899 $0.00 Water Mains - including fire hydrants, valves, valve boxes and other pertinences. Developer responsibility is up to and including 12" mains Half Pipe Lineal Footage 6 inch Main $39.00 / LF x N 0.0 = $0.00 Fee ID N- WR06 -1/2 8 inch Main $41.00 / LF x N 0.0 = $0.00 Fee ID N- WR08 -1/2 10 inch Main $47.00 / LF x N 0.0 = $0.00 Fee ID N- WR10 -1/2 12 inch Main $52.00 / LF x N 0.0 = $0.00 Fee ID N- WR12 -1/2 14 Inch Main $57.00 / LF x N 0.0 = $0.00 Fee ID N- WR14 -112 16 inch Main $62.00 / LF x N 0.0 = $0.00 Fee ID N- WR16 -1/2 18 inch Main $68.00 / LF x N 0.0 = $0.00 Fee ID N- WR18 -1/2 20 inch Main $76.00 / LF x N 0.0 = $0.00 Fee ID N- WR18 -1/2 24 inch Main $82.00 / LF x N 0.0 = $0.00 Fee ID N- WR24 -1/2 30 inch Main $91.00 / LF x N 0.0 = $0.00 Fee ID N- WR30 -1/2 36 inch Main $106.00 / LF x N 0.0 = $0.00 Fee ID N- WR36 -1/2 COST WOWS \Miscellaneous ProjectMexander Station (Tenth 8 Alexander)\Fees- Invoices\Dev Fees 7 -1 -2014 COMBINED FEES Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Sewer 801- 2601 -PW DO -3899 Sewer Mains - including manhole and other pertinences. Developer responsibility is up to and including 12" mains. Half Pipe Lineal Footage 6 inch Main $73.00 / LF x N 0:0 = $0.00 Fee ID NSS06 -1/2 8 inch Main $75.00 / LF x N 0.0 = $0.00 Fee ID NSS08 -1/2 10 inch Main $81.00 / LF x N 0.0 = $0.00 Fee ID NSS10 -1/2 12 inch Main $83.00 / LF x N 0.0 = $0.00 Fee ID NSS12 -1/2 15 Inch Main $87.00 / LF x N 0.0 = $0.00 Fee ID WSS15 -1/2 18 inch Main $93.00 / LF x N 0.0 = $0.00 Fee ID NSS18 -1/2 21 inch Main $102.00 I LF x N 0.0 = $0.00 Fee ID NSS21 -1/2 24 inch Main $106.00 / LF x N 0.0 = $0.00 Fee ID NSS24 -1/2 27 inch Main $122.00 / LF x N 0.0 = $0.00 Fee ID N- SS27 -1/2 30 inch Main $144.00 / LF x N 0.0 = $0.00 Fee ID N- SS30 -1/2 33 inch Main $158.00 / LF x N 0.0 = $0.00 Fee ID NSS33 -1/2 36 inch Main $178.00 / LF x N 0.0 = $0.00 Fee ID NSS36 -1/2 39 inch Main $212.00 / LF x N 0.0 = $0.00 Fee ID NSS39 -1/2 42 inch Main $265.00 / LF x N 0.0 = $0.00 Fee ID NSS42 -1/2 Street Improvements 801-2601 -PWDO-3899 Pavement, Sidewalks & Medians Square Footage AC /Bike path: base $2.55 / SF x N 0.0 = $0.00 Fee ID NSTR -ACB AC /Bike path: pvmt $2.50 I SF x N 0.0 = $0.00 Fee ID NSTR -ACP Sidewalk: new $9.75 / SF x N 0.0 = $0.00 Fee ID N- STRS/W Sidewalk: replace $13.25 / SF x N 0.0 = $0.00 Fee ID NSTRS /WR Resurfacing $2.55 / SF x N 0.0 = $0.00 Fee ID N- STR -RESU Landscaped Median $20.35 / SF x N 0.0 = $0.00 Fee ID N- STR -LANM Hardscaped Median $11.63 / SF x N 0.0 = $0.00 Fee ID N -STR -HARD Traffic Signals (equipment only % of Lump Sum Traffic Signal -3 leg $130,200.00 / LS x N 0% = $0.00 Fee ID NSTR -TS3L Traffic Signal -4 leg $158,500.00 / LS x N 0% = $0.00 Fee ID NSTR -TS4L Curb and Gutter Lineal Footage Curb /Gutter. new $25.85 I LF x N 0.0 = $0.00 Fee ID NSTR -C/G Curb /Gutter. replace $33.40 I LF x N 0.0 = $0.00 Fee ID NSTR -C/GR Curb Ramps $1,057.63 / LF x N 0.0 = $0.00 Fee ID NSTR -CR 4/3/2015 11:31 AM $0.00 $0.00 COST SZ E 16mt1ft'068dLbmmW*4 @t2s \Miscellaneous ProjectRAlexander Station (Tenth 8 Alexander)\Fees- Invoices \Dev Fees 7 -1 -2014 COMBINED FEES Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Storm Drain 801 - 2601 -PWDO -3899 Storm Mains - including manholes, catch basins and other pertinences. Developer responsibility is up to and including 24" mains. Half Pipe Lineal Footage 18 inch Main $63.00 / LF x N 0.0 = $0.00 Fee ID NSD18 -1/2 21 inch Main $69.00 / LF x N 0.0 = $0.00 Fee ID N- SD21 -1/2 24 inch Main $70.00 ! LF x N 0.0 = $0.00 Fee ID N -SD24 -112 27 inch Main $82.00 / LF x N 0.0 = $0.00 Fee ID N -SD27 -112 30 inch Main $89.00 / LF x N 0.0 = $0.00 Fee ID NSD30 -1/2 33 inch Main $91.00 / LF x N 0.0 = $0.00 Fee ID N -SD33 -112 36 inch Main $95.00 / LF x N 0.0 = $0.00 Fee ID N -SD36 -112 42 inch Main $99.00 I LF x N 0.0 = $0.00 Fee ID N- SD42 -1/2 48 inch Main $117.00 / LF x N 0.0 = $0.00 Fee ID N- SD48 -1/2 54 inch Main $137.00 / LF x N 0.0 = $0.00 Fee ID NSD54 -1/2 60 inch Main $158.00 / LF x N 0.0 = $0.00 Fee ID N -SD60 -112 66 inch Main $179.00 I LF x N 0.0 = $0.00 Fee ID N- SD66 -1/2 72 inch Main $200.00 / LF x N 0.0 = $0.00 Fee ID NSD72 -1/2 78 inch Main $216.00 / LF x N 0.0 = $0.00 Fee ID NSD78 -112 84 inch Main $231.00 / LF x N 0.0 = $0.00 Fee ID N- SD84 -1/2 90 inch Main $246.00 / LF x N 0.0 = $0.00 Fee ID N- SD90 -1/2 96 inch Main $261.00 I LF x N 0.0 = $0.00 Fee ID N- SD96 -1/2 NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time fees are paid. 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. Additional plan review required by changes, additions or revisions to approved plans, reinspections and inspections outside of normal business hours will be billed as shown in the City of Gilroy's most current comprehensive fee schedule at the hourly rates in effect at the time of inspection. Accepted by: Print Name: Date: 4/3/2015 11:31 AM $0.00 COST SQH52WUE,\E8w sutift iEud UjwNWL Da @C[S \Miscellaneous ProjectaAlexander Station (Tenth 8 Alexander) \Fees- Invoices \Dev Fees 7 -1 -2014 COMBINED FEES 413/2015 11:31 AM OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement $0.00 Total Oversized Water Main Reimbursement (Developer is responsible for up to and including 12" mains) $0.00 Oversized Minimum 12" main Oversized Full Pipe $ /foot Full Pipe $/foot Oversized Footage Reimbursement 14 inch Main $114.00 $104.00 x 0.0 = $0.00 N 16 inch Main $124.00 $104.00 x 0.0 = $0.00 N 18 inch Main $135.00 $104.00 x 0.0 = $0.00 N 20 inch Main $151.00 $104.00 x 0.0 = $0.00 N 24 inch Main $164.00 $104.00 x 0.0 = $0.00 N 30 inch Main $182.00 $104.00 x 0.0 = $0.00 N 36 inch Main $211.00 $104.00 x 0.0 = $0.00 N Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains) $0.00 Oversized Minimum 12" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 15 inch Main $174.00 $166.00 x 0.0 = $0.00 N 18 inch Main $186.00 $166.00 x 0.0 = $0.00 N 21 inch Main $204.00 $166.00 x 0.0 = $0.00 N 24 inch Main $211.00 $166.00 x 0.0 = $0.00 N 27 inch Main $244.00 $166.00 x 0.0 = $0.00 N 30 inch Main $287.00 $166.00 x 0.0 = $0.00 N 33 inch Main $315.00 $166.00 x 0.0 = $0.00 N 36 inch Main $356.00 $166.00 x 0.0 = $0.00 N 39 inch Main $423.00 $166.00 x 0.0 = $0.00 N 42 inch Main $529.00 $166.00 x 0.0 = $0.00 N Total Oversized Storm Drain Main Reimbmnt (Developer is responsible for up to and including 24" mains) $0.00 Oversized Minimum 24" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 27 inch Main $164.00 $14050 x 0.0 = $0.00 N 30 inch Main $177.00 $140.00 x 0.0 = $0.00 N 33 inch Main $182.00 $140.00 x 0.0 = $0.00 N 36 inch Main $189.00 $140.00 x 0.0 = $0.00 N 42 inch Main $197.00 $140.00 x 0.0 = $0.00 N 48 inch Main $233.00 $140.00 x 0.0 = $0.00 N 54 inch Main $273.00 $140.00 x 0.0 = $0.00 N 60 inch Main $315.00 $140.00 x 0.0 = $0.00 N COST WOM2S \Miscellaneous Project?\Alexander Station (Tenth & Alexander) \Fees- Invoices \Dev Fees 7 -1 -2014 COMBINED FEES 4/3/2015 11:31 AM Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storrs Drain Main Reimbmnt Continued Oversized Minimum 24" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 66 inch Main $357.00 $140.00 x 0.0 = $0.00 N 72 inch Main $399.00 $140.00 x 0.0 = $0.00 N 78 inch Main $431.00 $140.00 x 0.0 = $0.00 N 84 inch Main $461.00 $140.00 x 0.0 = $0.00 N 90 inch Main $492.00 $140.00 x 0.0 = $0.00 N 96 inch Main $522.00 $140.00 x 0.0 = $0.00 N COST SQHEDkbEFxAEaoA4atlft'06806b3 NWROAa@d:t$ \Miscellaneous ProjectBAlexander Station (Tenth 8 Alexander) \Fees- Invoices \Dev Fees 7 -1 -2014 COMBINED FEES A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Idaho County of Ada On April 27, 2015 before me, Peter Van Dome, Notary Public, personally appeared Caleb Roope, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged tome 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. I certify under PENALTY OF PERJURY under the laws of the State of Idaho that the foregoing paragraph is true and correct WITNESS hand an of i Nal seal. rurrrrr,,, Signature •`••t��p '•'',. Commission Expires: 7/26/2017 �`�•.•••• °•. °•��''•s� w �+ e `� A R Y � • v •.,� J1 ••.... `p 'rrrnnrtr�� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE .!T.s..!ae!:�.!- :�.!a..:.. �cs�e_c�. , ✓"-, �.. a.. w.. a.. a.! �<. e.. ra ..a...�c.:..!�.!�.!�e!�N.�e.�c cs�.!a�.!a.!a.!a.!:�..- .e...e .s�..r:�..a.�...r�.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of On )1 ( personally who proved to me on the basis of satisfactory evidence to be the person* whose name s bscribed to the within instrument and acknowledged to me that sht�Ziey executed the same in hen/their authorized capacity(ik), and that by is herf#heirsignature on the instrument the person, or the entity upon behalf of which the person d6 led, executed the instrument. INCA AlANIO Commission # 21037W Z Notary Pubfic - California Z Z Santa Clara County My Comm. res Apr 15 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature T Si ture of Notary P bl OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: