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Meritage Homes of California - Reimbursement AgreementRECORDING REQUESTED BY: j 23300574 Regina Alcomendras City of Gilroy ) Santa Clara County - Clerk- Recorder 11/14/2017 01:52 PM Titles: 1 Pages: 79 Fees: $259.00 WHEN RECORDED, MAIL TO: ) Taxes : $0 Shawna Freels, City Clerk ) Total : $259.00 City of Gilroy > mill 1F.A3C1 KNANTIVA YAM Wh10 VIA 11111 7351 Rosanna Street ) Gilroy, CA 95020 ) (SPACE ABOVE THIS LINE FOR RECORDER'S USE) REIMBURSEMENT AGREEMENT Between the City of Gilroy and Meritage Homes for the installation of a recycled water pipeline Heartland Gardens Tracts 10379, 10398, 10399 SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6 REIMBURSEMENT AGREEMENT BETWEEN THE THE CITY OF GILROY AND MERITAGE HOMES FOR INSTALLATION OF A RECYCLED WATER PIPELINE This REIMBURSEMENT AGREEMENT ( "Agreement ") between the City of Gilroy, a California municipal corporation (hereinafter referred to as "City ") and Meritage Homes of California, Inc. a California Corporation ( "Meritage Homes ") sets forth the respective roles and responsibilities of the City and Meritage Homes in regard to the design and construction of a pipeline extension to the Santa Clara Valley Water District's ( "District ") recycled water distribution facilities located in the City of Gilroy, and is made and entered into as of 5MIKE 1 uf(LOS, 2017. City and Meritage Homes are collectively referred to hereinafter as the Parties, and may be referred to individually as Party. RECITALS WHEREAS, District manages groundwater and provides wholesale water, supply in Santa Clara County, including the City; and WHEREAS, the District and City developed a South County Recycled Water Master Plan report for expanding recycled water use in southern Santa Clara County; and WHEREAS, District owns and operates a recycled water distribution system in southern Santa Clara County; and WHEREAS, Meritage Homes has gained City's approval of a proposed residential development project requiring recycled water in the City; and WHEREAS, Meritage Homes is required to install a portion of a 12 -inch inside diameter (12 -inch diameter) recycled water pipeline in the public street and right -of -way that will extend the District's master recycled water distribution system located in the City of Gilroy within and adjacent to an area where Meritage Homes will be performing work related to their residential development project. WHEREAS, instead of Meritage Homes' installing said 12 -inch diameter recycled water pipeline, District desires Meritage Homes to install a 24 -inch inside diameter (24 -inch diameter) recycled water pipeline, and with respect to such work has requested that City act as a conduit between District and Meritage Homes and to provide administrative services with respect to the work; and WHEREAS, the City has therefore asked Meritage Homes to install a 24 -inch diameter recycled water pipeline in the public street and right -of -way that will extend the District's recycled water, distribution system located in the City of Gilroy within and adjacent to an area where Meritage Homes will be performing work related to their residential development project, subject to the terms and conditions of an Agreement between City and Meritage Homes to be negotiated and described in this Agreement below as the Meritage Homes Construction Contract; and WHEREAS, the 24 -inch diameter recycled water pipeline work that City has asked Meritage Homes to perform also constitutes a portion of the work that: (i) Meritage Homes has agreed to perform pursuant to the terms and requirements of a Property Improvement Agreement, No. 2015 -07, covering certain real estate and property improvements known as and called: Hecker Pass -West Cluster (Hoey), Tract No 10279 APNs: 810 -20 -20 between City and Meritage Homes dated October 28, 2015 and (the "Hoey PIA"), and (ii) the City anticipates Meritage Homes will perform pursuant to the terms and requirements of a Property Improvement Agreement with respect to certain real estate and property improvements known as and called: Hecker Pass — West Cluster (Heartland Gardens), Tract No. 10379, 10398 and 10399 APN: 810 -20 -022 and 810 -20 -007 (the "Heartland Gardens ") (both the "Hoey PIA" and "Heartland Gardens PIA" are hereafter, collectively, referred to as the "PIAs "). WHEREAS, Meritage Homes' installation of the recycled water pipeline is subject to the terms and conditions of this AGREEMENT between City and Meritage Homes; and WHEREAS, Meritage Homes has indicated that it desires to install said 24 -inch diameter recycled water pipeline instead of a 12 -inch diameter recycled water pipeline installation so long as it is reimbursed for the difference in cost for installing the 24 -inch diameter recycled water pipeline instead of the 12 -inch diameter recycled water, subject to the terms and conditions of the Meritage Homes Construction Contract to be negotiated with the City; and WHEREAS, the City desires that the difference in Meritage Homes' cost required to install said 24 -inch diameter recycled water pipeline instead of a 12 -inch diameter recycled water be reimbursed by the District, subject to the terms and conditions of the Agreement and the Meritage Homes Construction Contract to be negotiated. WHEREAS, the District and the City have entered into a separate agreement in which the District, through the City will reimburse Meritage Homes for its costs in installing the recycled water pipeline extension of the District's recycled water distribution system, subject to the terms and conditions of this AGREEMENT. NOW, THEREFORE, in consideration of the recitals and mutual obligations of the Parties herein expressed, District and City hereby agree as follows: AGREEMENT PROVISIONS 1. PROJECT DESCRIPTION The project will expand the District's recycled water southern Santa Clara County distribution system by increasing the size of approximately 4,520 linear feet of High Density Polyethylene (HDPE) recycled water pipeline as generally shown as Phase 3 and Phase 4 in Exhibit "A" titled "Recycled Water System Map "," attached hereto and incorporated into this Agreement by this reference ( "Project "). City shall ensure Meritage Homes shall use its best efforts to administer the Project with the targeted goal of achieving Project completion pursuant to the terms and requirements of the PIAs respectively but not later than three (3) years after the effective date of this Agreement ( "Completion Deadline "). The Project will be completed in the following two phases: (1) Phase 3, Hoey, Grassland Way from Third Street to the western boundary of Tract 10279 and (2) Phase 4, Heartland Gardens, Grassland Way from the western boundary of Tract 10279 until such street transitions to Lone Oak Lane and termination at the intersection of Lone Oak Lane and 2 Oaks Lane estimated to be completed on or about December 2017. The City shall have no liability to District if the targeted Completion Deadline is not met. If both Parties determine the Project cannot be completed by this date, then the Parties will meet and confer to identify a revised Completion Deadline. In addition, if the City approves of extensions to Project completion under the applicable PIA, such extensions shall also serve to extend the Completion Deadline. 2. ESTIMATED COST OF THE PROJECT Based on engineering estimates, the estimated cost for Meritage Homes to design and construct the Project, which includes design and installation of the increased size of: (i) 1,340 linear feet of 24 -inch diameter recycled water pipeline in Phase 3, as Five Hundred Twenty -Four Thousand Three Hundred Sixty -Eight Dollars and Eighty Cents ($524,368.80), and (ii) 3,180 linear feet of 24 -inch diameter recycled water pipeline in Phase 4, as One Million Two Hundred Forty Four Thousand Three Hundred Ninety Seven Dollars and Sixty Cents ($1,244,397.60). Based on engineering estimates, the estimated cost for Meritage Homes to design and construct the original: (i) 1,340 linear feet of 12 -inch diameter recycled water pipeline in Phase 3, as One Hundred Thirty-Nine Thousand Three Hundred and Sixty Dollars ($139,360.00), and (ii) 3,180 linear feet of 12 -inch diameter recycled water pipeline in Phase 4, as Three Hundred Thirty Thousand Seven Hundred Twenty Dollars and Zero Cents ($330,720.00). The cost to be reimbursed to Meritage Homes by the District is the difference between the cost of installing the 1,340 linear feet of 24 -inch diameter recycled water pipeline in Phase 3 and 3,180 linear feet of 24 -inch diameter recycled water pipeline in Phase 4 ($1,768,766.40) minus the amount it would have cost to install a 12 -inch diameter recycled water pipeline in Phases 3 and 4 pursuant to the PIAs ($470,080.00). This estimated difference in cost is One Million Two Hundred Ninety -Eight Thousand Six Hundred Eighty -Six Dollars and Forty Cents ($1,298,686.40) and shall be referred to as the "Eligible Cost" as more fully described in Exhibit "B ", attached hereto and incorporated into this Agreement by this reference. In no event shall City be liable to District if the difference in cost or reimbursement to Meritage Homes exceeds the Eligible Cost. The potential for cost overruns shall be addressed in the Meritage Homes Construction Contract. 3. CONSTRUCTION CONTRACT BETWEEN CITY AND MERITAGE HOMES. City shall use good faith efforts to negotiate and enter into an agreement with Meritage Homes whereby Meritage Homes would construct the Project on a cost reimbursement basis on terms acceptable to City, subject to this Section 13 below ( "Meritage Homes 3 Construction Contract "). If the City is successful in negotiating the Meritage Homes Construction Contract, the Meritage Homes Construction Contract must be in writing, executed by Meritage Homes and City, and must incorporate and pass through to Meritage Homes all of the following terms, unless otherwise approved by the District (which approval shall not be unreasonably withheld, conditioned or delayed): a) District shall have the benefit of all rights, remedies and redress against Meritage Homes that the City has against Meritage Homes, insofar as applicable to the Meritage Homes Construction Contract; and Meritage Homes shall have the benefit of all rights, remedies and redress against the District that Meritage Homes has against the City, insofar as applicable to payment for the construction of the Project. The Meritage Homes Contract shall provide that City with a right, at any time, to assign City's rights under the Meritage Homes Contract to the District, and thereupon be relieved of all obligations under the Meritage Homes Contract, such that the Meritage Homes Contract shall become a direct contract between District and Meritage Homes. b) To the extent permitted by law, Meritage Homes and all of its contractors and subcontractors performing work under this Agreement, if any, shall indemnify, defend, save and hold harmless the District and City and their respective directors, council members, officers, employees, volunteers and agents from and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys' fees, arising from Meritage Homes's (or its contractors' and subcontractors') negligence or willful misconduct directly or indirectly related to the Project. C) Meritage Homes and all of its contractors performing work on the Project shall obtain and maintain insurance of the types and in the amounts provided in Exhibit "D" of this Agreement. Meritage Homes shall name the District and City (including District's board members, officers, employees, and agents) as additional insureds on such insurance. Insurance requirements provided for under the PIA shall meet these requirements so long as Meritage Homes names the District and City (including District's board members, officers, employees, and agents) as additional insureds. d) Meritage Homes shall meet with the District and City prior to finalizing the design work for the Project to discuss final design matters and construction scheduling. e) Meritage Homes' contractor shall provide a written Project cost estimate, Exhibit "B ", and guaranty bond in favor of District covering all work for construction of the Project for a period of one (1) year after Project completion. Meritage Homes shall agree that the contractor's and subcontractors contractual warranty obligations as to the Project will include the District as a beneficiary, and that Meritage Homes will provide the District with a copy of all documentation provided by contractors and subcontractors of any warranties related to the Project and District rights as a beneficiary to such warranties. Faithful performance and payment 4 bonds provided for under the PIA shall meet this bonding requirement so long as the Project is covered by the PIA. f) Meritage Homes and its contractor(s) will be solely responsible for the construction of the Project and for all persons or entities engaged in such work, including, but not limited to; contractors, subcontractors, suppliers, and providers of services. Meritage Homes shall agree to require its contractor(s) to construct the Project in conformance with the final design agreed to by the District and City and all applicable laws. Meritage Homes will be responsible for all permit acquisitions, construction management, testing, and acceptance of the Project and other work performed by its contractors. Meritage Homes will provide District and City with a copy of all submittals and Requests for Information ( "RFI ") associated with the Project for the District's and City's review in conjunction with Meritage Homes providing them to the engineer of record. Meritage Homes will contractually obligate the engineer of record to accept input from the City regarding such submittals and RFIs and to discuss and provide the City with a written explanation for any disagreement. g) Meritage Homes shall ensure that its contractor prepares as -built drawings certified by a California licensed professional engineer. Meritage Homes will supply such drawings to the District and City with electronic AutoCAD "dwg" file version within ninety (90) calendar days after City's acceptance of the Project. h) Meritage Homes shall provide the District's construction inspectors with access to the Project construction site during normal business hours. District will not direct the work of contractor. District will communicate any concerns to the City's inspector who shall be responsible for addressing those concerns and when applicable use reasonable efforts to facilitate resolution of any disagreements related to the Project construction. i) After completion and District's acceptance of the Project, whichever is later, Meritage Homes will assign ownership of all deliverables, including the installed recycled water pipeline, resulting from the Project to the District free and clear of all liens, security interests, and other encumbrances. If City is able to negotiate a draft Meritage Homes Construction Contract acceptable to the City, then not later than 30 business days after delivery of that negotiated draft contract to District, District shall respond whether such draft contract is acceptable to the District. If the draft Meritage Homes Contract is not acceptable to the District, then the City shall not execute it, and this Agreement shall be terminated, unless such date is extended by mutual agreement of the Parties (without any obligation on the part of either Party to so agree). 4. ENROACHMENT PERMIT(S) FOR CONTINUING ENCROACHMENT City represents that the Project deliverables, including the recycled water pipeline, will be installed under a public street and right -of -way. City shall issue all encroachment permit(s) necessary to enable the District to continue to own, operate and maintain the Project deliverables under the public street and right -of -way, without cost to District, but otherwise subject to and in accordance with City's normal policies and procedures. 5. REIMBURSEMENT OF PROJECT WORK (a) The City shall request from the District reimbursement to Meritage Homes for Eligible Costs by submitting an invoice: (i) not more frequently than on a monthly basis during the course of construction; and (ii) after 100% completion of the Project and District's acceptance of all deliverables resulting from the Project. The District will withhold a retainage of 10% from each approved invoice. Within 30 days of the District's acceptance of the Project (including acceptance of the professional engineer's certified as -built drawings), the District will release the accrued retainage to the City. (b) Each invoice for reimbursement of Eligible Costs shall contain the following information: (i) the total Eligible Costs that have been incurred by Meritage Homes for the Project during the period identified in that particular invoice; and (ii) the initials of the Meritage Homes's project manager, certifying that the invoice being submitted accurately and reasonably reflects the construction costs of the Project during the period identified in the particular invoice. As used in this Agreement, "Eligible Costs" means all costs invoiced to City by Meritage Homes for the design and construction of the Project and reimbursable to Meritage Homes under the Meritage Homes Construction Contract, including without -limitation the costs of materials, supplies, equipment and labor expended towards the Project. (c) City shall promptly review a submitted invoice. If City disapproves of any portion of the submitted invoice, City shall notify Meriatge within fifteen (15) calendar days after City's receipt of that invoice of the amounts disapproved and the reasons for disapproval. Any portion of the submitted invoice not disapproved by City within this fifteen (15) day period shall be deemed approved by City. If any portion of the invoice is approved by City (which approval shall not be unreasonably withheld or conditioned), City shall pay the approved portion of the invoice to Meritage within thirty (30) calendar days after City's receipt of that invoice. Any and all funds paid to the City under this Agreement shall be used solely to pay Meritage Homes the Eligible Costs. S. CITY'S ADDITIONAL RESPONSIBILITIES (a) Provide engineering and construction management for the Project. (b) Manage City's contractual relationship with Meritage Homes for construction of the Project, including paying all related Meritage Homes invoices funded by District. (c) Invoice District for Eligible Costs. 6 (d) Use good faith efforts to negotiate for the inclusion in the Meritage Homes Construction Contract of all of the terms specked in Section 3 of this Agreement. (e) Use good faith efforts to obtain a Project cost estimate from Meritage Homes. (f) Notify District of all approved Project change orders that will increase the cost of the Project above the Eligible Costs. The total Project cost shall not exceed the Eligible Costs ($1,298,686.40) plus a 15% Contingency ($208,163.34) for approved Project change orders. (g) Provide District with copies of Project contract documents and documentation for all costs incurred to the extent in City's possession. 7. DISTRICT'S ADDITIONAL RESPONSIBILITIES a) Pay approved City invoices within thirty (30) calendar days after receipt. b) Notify City of invoice problems within fifteen (15) calendar days after receipt. C) Provide engineering review and inspection support as requested by the City for the Project. d) Provide special inspection support as requested by the City for any specialty pipe installations, coatings etc requested by the District for the Project. e) Provide design specifications for the pipe and allow Meritage Homes and City to determine the final line and grade of the pipe within the City street Right of Way. f) Participate in construction progress meetings. g) Not unreasonably withhold, condition or delay approval of Eligible Costs. 8. DOCUMENT REVIEW Meritage Homes will, upon reasonable advance written notice, shall make available for inspection to the City and District all records, books and other documents relating to the Project that are in the possession of the Meritage Homes. 9. TERM (a) The term of this Agreement commences on the date first written above and shall continue until construction close -out of the Project and all payments of Eligible Costs are reimbursed by the City, to Meritage Homes. 7 (b) This Agreement may be terminated for cause by either Party for failure to comply with any terms and conditions of this Agreement, provided, however, that the Party in breach shall have twenty (20) calendar days or such period as the Parties may otherwise agree in writing to cure such breach following written notification. In the event of termination of this Agreement, the Meritage Homes Construction Contract shall be deemed to have been assigned to and assumed by District, the Meritage Homes Construction Contract shall become a direct contract between District and Meritage Homes, and District shall indemnify, defend and hold City and City's council members, officers, employees, volunteers and agents from and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys' fees, arising from District's breach of its obligations under the Meritage Homes Construction Contract. 10. NOTICE Any notice given under this Agreement shall be in writing and delivered by personal delivery or by United States mail depository, first class postage prepaid and addressed to the Party for whom intended. (a) If to Meritage Homes: Meritage Homes 1671 E. Monte Vista Ave., Suite 214 Vacaville, CA 95638 (b) If to City: Glen Roberts, Director of Public Works /City Engineer City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Any Party may change such address by notice given to the other Party as provided herein. 11. MISCELLANEOUS TERMS a) This Agreement embodies the entire understanding between the Parties pertaining to the subject matter contained in it; supersedes any and all prior negotiations, correspondence, understandings, or Agreements of the Parties; and may be waived, altered, amended, modified, or repealed, in whole or in part, only on the written consent of both Parties to this Agreement. b) No failure or delay on the part of either Party in exercising any right, power, or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power, or remedy 8 preclude any other or further exercise thereof or the exercise of any other right, power, or remedy hereunder. C) This Agreement shall be binding on and enforceable by and against the Parties to it and their respective heirs, legal representatives, successor governmental entities, and permitted assigns, except that neither this Agreement nor the duties or obligations under this Agreement may be assigned by a Party without the prior written consent of the other Party (which consent may be withheld by a Party in its sole and absolute discretion). d) Each individual executing this Agreement on behalf of their respective entity represents and warrants that (i) the individual is duly authorized to execute and deliver this Agreement on behalf of that entity; (ii) this Agreement is valid and binding on that entity and enforceable against that entity in accordance with its terms; and (iii) that entity is duly organized, validly existing, and in good standing under the laws of its jurisdiction. e) This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any conflict of law provisions thereof. f) The federal and state courts within County of Santa Clara, California shall have exclusive jurisdiction to adjudicate any dispute arising out of or related to this Agreement. Each Party expressly consents to the personal jurisdiction of and venue in such courts. g) Each Party was represented by legal counsel in the preparation of this Agreement. Therefore, any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement. h) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. i) All provisions of this Agreement are separate and divisible, and if any part is held invalid, the remaining provisions shall continue in full force and effect. (REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK) 9 IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT effective as of the date first set forth above. APPROVED AS TO FORM: APPROVED AS TO FORM: Andrew Faber City Attorney lilt)/ IrICI R MERITAGE HOMES �3F}2k DiV�SIonJ PK`rSl� CITY OF GILROY Gabriel Gonzalez City Administrator EXHIBIT "A ": Recycled Water System Map EXHIBIT "B ": Project Cost Estimate EXHIBIT "C ": Property Improvement Agreement EXHIBIT "D ": Insurance Requirements m ACKNOWLEDGMENT 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 California SOLANO County of ) On SEPTEMBER 5, 2017 before me, VICTORIA ADAMS, NOTARY PUBLIC (insert name and title of the officer) personally appeared BARRY GRANT who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VICTORIA ADAMS WITNESS my hand and official seal. Notary Public California Z a „ Solano County Z Z Commission # 2105949 M Comm. Ex ires Apr 5, 2019 Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 118-7 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 California Countyof San> a C101rg On Se em }aer' 2,0 200 before me, Sandra P_NlAya ft c �J ut_ Date Here Insert Name and Title of the 6fficer personally appeared r i & • G b n Z.a i e _Z- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isIgee subscribed to the within instrument and acknowledged to me that he /9MAbe9 executed the same in his;AW/t�dir authorized capacity(isS), and that by his/odf /thXeir signature) on the instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand and official seal. a SANDRA E. N my y Commission # 2086119 Z Notary Public - California Z Santa Clara County Signature l fin► M Comm. Ex ires Nov 11, 2018 Signature of Notary Public Place Notary Seal Above 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. eere CI"4 y 04 U; lr o pad Description of Attached Document �f Y�A Ivler +u e I}onle5 , 12ec�ckd �c�ter Pi p2lio-e Title or Type of Document: A�reemer)4 P,e'" Document Date: CT >,A>'ey, 6 201-7 Number of Pages: 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: 4�. 4\ �4�4��4�v'•\ �4�. 4�✓, 4\' �ti4`: 4�: i4�. 4�4� ,4�4� ✓4� ✓4��4 \�_!A�'- < %i�'�,4� 4�. 4�:. �. 4�✓ 4�✓, 4�. 4�4�_'! 4�' i, 4�'! 4�, 4V4� :4�4�'!4��4�= !4�4�.�4�4�.4�! EXHIBIT "A" - Recycled Water System Map r oRR0r 00EF y I u I - - - `~ , M�NABAW,eca,°"APM,w f 001 -. BFCnmwAlu I I i � '�� I I \ i�� �1is It � . I Rr as1>tl � 'r � n �.,.,•„�..,...r� 1-�� I / � I I I I �•-z- ���I-il 1�a.I �j �� J_ H--H -- Y , y11�; �( 1a j --I -T i *7� �1 }�L� H+H /�.Y `p �IF- +fir ��� Ir- Gill J`7 C i � RECYCLED WATER PHASING ' PHASE 1 (201/x) 013 . 8,031 LF. 24'W, 660 LFt 13'tD ® PHASE 550LF. (201sa PP 011AR0X) ANTICIPATED RECLAIMED WATER PHASING 330 LF t ® PHASE3120ISnOI6APPR0X.) HECKER PASS SPECIFIC PLAN 1340 LF t - GILROY, CALIFORNIA PHASE / (2016x01) APPR0X) SEPiENRER 18, 2016 3,180 LF t PHASES(ZOIBa02OAPPR0X.) 1,130 LF t t NO'fEACNALY S0 MNsmucn0NAREDFPEMD ONECONOMICFAMM. RUGGERI- JENSriEN•AZAR SCALE IN FEET: 1*- 250' " 'BOSS CAMIN AFBgYO 0-1Y. CA P5020 PHONE: (AOB) BtB -0]00 FAA (­I) MB -0]N EXHIBIT "B" Project Cost Estimate Table 1:Phase 3- Hecker Pass West Cluster (Hoev) Proiect Cost Estimate Item No. Item Quantity Unit I Unit Price Total Price 1 Development Pipeline: 1,340 LF $ 391.32 $ 524,368.80 24" HDPE Upsized 2 Developer Responsibility per PIA: 1,340 LF $ (104.00) $ (139,360.00) 12" DIP Phase 3 Eligible Cost $ 385,008.80 Phase 3 Project $ 57,751.32 Contingency (15 %) Table 2: Phase 4 - Hecker Pass West Cluster (MDM) Proiect Cost Estimate Item No. I Item Quantity Unit I Unit Price Total Price 1 Development Pipeline: 3,180 LF $ 391.32 $ 1,244,397.60 24" HDPE Upsized 2 Developer Responsibility per PIA: 3,180 LF $ (104.00) $ (330,720.00) 12" DIP Phase 4 Eligible Cost $ 913,677.60 Phase 4 Project $ 137,051.64 Contingency (15 %) EXHIBIT "C" Property Improvement Agreement DOCUMENT: 23171732 Pa.ges 22 RECORDING REQUESTED BY: Fees. 88.00 Taxes... City of Gilroy �'1 I Cop i es . . y AMT PAID 88.00 REGINA ALCOMENDRAS RDE # 026 WF1EN RECORDED, MAII, TO: SANTA CLARA COUNTY RECORDER .12/14/2015 Shawna Freels Recorded at the request of 2:13 PM City of Gilroy City 7351. Rosanna Street Gilroy, CA 95020 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2015 -07 Hecker Pass — West Cluster Hoev — Tract 10279 APN: 810 -20 -020 Meritage Homes Corp. -1- uacs►toes W 0901z447M 9/18/12 rev. 3/23115 ii PROPERTY EWPROVEMENT 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 -07 This Property Improvement Agreement ( "Agreement") is made and entered into this 6"4day of CMG o 2015, by and between the City of Gilroy, a municipal corporation, herein called the "City," and Mbritage Homes, a California corporation, herein called the "Developer". WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as and called: Hecker Pass — West Cluster Hoey, Tract No 10279 APN: 810-20 -020, a legal description of which is attached hereto and incorporated herein as Exhibit "A" (the ` PropaV), and as described in the project improvement plans entitled Tract No 10279 Hecker Pass — West Cluster Hoey. 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- W01063242.1 9118112 rcv. 3/23/15 091812 -04706091 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 fiuther agrees and aclmowledges 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 end 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 (it) 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 there 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 Gilrny.- All construction and improvements shall be completed in accordance with all standards established in the 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 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- W64►tOB62 i 9/18112 rev. 3/ 23/15 09181241709091 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 thown. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, ph% reasonable attorneys' fees to be fixed by the court if soot 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 pmformed 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 finishes the Faithful Performance Bond: (1) a current printout from California Department of insurance's website (www.insurance.ca.gov) showing that time 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. £ At all times during the term of this Agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage, (b) workers' compensation insurance as required by law; and (c) broad farm '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- YUGlOW242.1 9/18112 mv. 3/23/15 DO181244mmi . 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 subc�mractors 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 ceatificate evidencing the required coverage, or if required by City a copy of the policies obtained. men That all the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed to City's satisfaction within one year from and after the date and year of this Agreement fast 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 faiWW 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 reimbtiu semem to the original Developer named in this Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inu'M 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 separatoly to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement. -S- V=1065242.1 9/15112 rev. SnY15 091812447 091 SECTION 6 'That the following general stipulations shall be completed subject to the approval of the Public Works Director /City Bngineer. 1. The project shall comply with all applicable requirements of the Hecker Pass Specific Plan, Bacftone Infrastructure Plan, and Development Agreement (DA). 2. The Project shall comply with all Tentative Map conditions and applicable mitigation measures as conained in City Council Resolution 2007 -03 (TM 05 -13 approval) and as amended by TM 15-04 (proposed Tentative Map amendment to TM 05 -13), 3. The Developer acknowledges that changes to the project plans may result from review and approval of TM 15-04 which may require removal and/or relocation of improvements. The Developer accepts the responsibility and cost for implementing the changes. 4. The Developer shall perform all work in compliance with the City of Gilroy Specifications Standards Design Criteria and Hecker Pass Specific Plan Development Agreement and is subject to all laws of the City of Gilroy'by reference. 5. The Developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the applicable fees prior to grading orimprovement plan approval. 6. Prior to the acceptance of the 3rd Street/Santa Teresa Roundabout improvements or prior, to the issuance of the first certificate of occupancy for Tract 10279, whichever comes first, the Developer shall complete revegetation improvements, to the satisfaction of the Director of Public Works, on.the. 1.7f acre parcel located at the southwest corner of Santa Teresa Boulevard and 3id Street, adjacent to the Uvas Creek Park Preserve. The Developer has agreed to perform these improvements which were an outstanding condition of approval of Tract 9374 — Village Green. The cost to re- design the revegetation and the installation of these improvements are to be reimbursed by the Tract 9374 7. The Developer- shall extend and join the two 46' wide private streets, designated as Apple Tree Way and Apricot Way, past the easterly property line of TM 05 -13 to the adjacent `T,ands of Arias" parcel (APN: 810 -20 -004) to form a looped roadway. 8. Prior to the acceptance of the Td Street improvements or prior to the issuance of the first certificate of occupancy for Tract 10279, whichever comes first, the Developer shall complete, to the satisfaction of the Director of Public Works, the landscaping for the detention basin referred to as "Channel and West Detention Basin" in the approved Improvement Plans for Tract 10220 (Hecker Pass East Cluster) located north of TM 05 -13 and on the north side of the future Yd Street extension within a portion of APN: 810 - 20-020. The detention basin shall be privately owned and maintained per the Hecker Pass Development Agreement. The private entity responsible for the maintenance shall also be responsible for the regulatory monitoring and reporting for this basin. -6- Y0(8110652421 9/18112 rev. 3/23/15 09181244708091 The City and Developer both acknowledge that the additional l l units from the adjacent parcel, "Lands of Arias" (APN; 810-20 -004), is proposed to be included in the density calculations for Tract 10279 (total of 95 units). However, the impact fees cannot be accurately calculated until the proposed Tentative Map amendment (TM 15-04) to TM 05 -13 is approved. The impact fees included with this Agreement.are based on the current Tract 10279 only. .The impact fees will be recalculated upon approval of a new tract map resulting from TM 15-04 but prior to the first building permit for Tract 10279. 10. The Developer agrees to extend the boundary of the future City park site, designated as Parcel B on the approved map for Tract 10220 (Hecker Pass — East. Cluster), from the westerly property line of Tract 10220 to the westerly property line of a future triangular tract (referred to as the "Hoey Triangle'l located within a portion of APN: 810-20 -020. 11. The existing Hecker Pass Development Agreement required the completion of encroachment permit applications for construction of a roundabout at the intersection of Hecker Pass Highway at Autunm/3' Street by the 15& building permit. Due to circumstances beyond the immediate control of the Developer and understanding there may be delay by the issuing agency, Caltrana - District 4; to issue said encroachment permit, the threshold for obtaining the encroachment permit fiom Caltrans for the proposed roundabout intersection is raised to the 200a' building permit. 12. Prior to the 200 building permit, the Developer shall complete the 3rd St w-VSanta Teresa Roundabout improvements. 13. As a condition of recordation of the Final Map, the Developer. shall pay the City $1,700,000.00, which is the 3rd installment of the Public Benefit fee. The fast and second installment funds, in the amount of $50,000.00 and $250,000.00 respectively have been paid by the Developer-. a. The $2,000.000 Public Benefit Fee will deposited into a trust account that will be used to reimburse the Developer via progress payments that reflect the completion of the 3rd Street improveme s and upon receipt of the 3rd installment funds as they become available. b. At completion of the 3rd Street improvements, the Traffic Improvement Fund CM will reimburse an amount up to $300,000 over the $2,000,000 Public Benefit Fee needed to complete the 3rd Street improvements in accordance with Section 6.2. 14. 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. L 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 comnprehensive fee schedule under the Portable Fire hydrant meter rate. -7- BOGS11086Mi 9/18112 rev. 3/23/15 0812-047M1 15. Prior to issuance of the 25& residential building permit or as determined by the Public Works Director, the Developer shall underground. all overhead utilities along Hecker Pass Highway (SR 152). 16. A minimum of one exterior monument shall be ad. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 17. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the Developer's sole expense. . 18. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, Califomia Penal Code 605, and California Gone rnment Code 27581, the Developer, their employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Comer Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed is compliance with Section 8771. 19. Prior to the recordation of the Final Map, the Conditions, Covenants and Restrictions shall be approved by the Planning Division. 20. The Developer shall enter into a Landscape Maintenance Agreement prior to the first building permit for Tract 10279 or as determined by the Director of Public Works. 21. Locate aid 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. 22. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 23. All work within the public rigbt -of -way shall be subject to the approval of the Public Works Director /City Engineer. 24. Off-site public improvements shall be installed per the approved Improvement Plans. 25. 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. 26. All work shown on the approved improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 27. All work shall be coordinated so that the existing residents on all adjacent streets have access to their Propertie& -8- 1KK5110852421 9118112 rev. 3/23/I5 GM812-047MI i 28. 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. 29. The Developer shall provide to fl.w City of Gilroy electronic files, in a format acceptable to the City (PDF, DWO format, AutoCAD 2004 maximum) of the final map, tract map and/or parcel map, improvement plans, and record drawings. 30. Before issuance: of any building permit, all roadway infitas1 uctures shall be in place and covered with an all- weather road subject to the approval ofthe City Engineer. 31. 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 went. 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 reimburseoents be payable to Developer if City detemrines in its sole and absohrte discretion fium time to time that there are not sufficient reserves then on hand in the specific reimbursement fiord from which Developer's nt 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 fiord as determined by City from time to time; (iii) City may, 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 wariaanted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance. SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $232,864.76 -9- Va(51106524M 9/18/12 rev. 3 /?3/15 091812-0470M1 CITY OF GILROY By: J. _ FAward Tewes Interim City Administrator Date. le,- — / 3 _ APPROVED AS TO FORM: DEVELOPER. ��l►;t ulst�_, City 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. -10. V(KSI10652421 9118112 rev. 3/23/15 091812-04706091 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 'Y �t /.•.�Ya �.•N.�•J. : /�t�'�V,^it��✓.: its: /..�y:� �0!%:� t� �•of f't /�Y.�Y' \•/s�Ygt /cam t.aN.':/gt�t!Tt.:�t!�tia. 1 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 California County of 11 6n 0 On before me— ViO a �► / tur!s�IC , Date Here Insert Name and Trt! f the Officer personally appeared AuwbeGk- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(* is/are subscribed to the within instrument and acknowledged to me that he /she/#iey executed the same in hisMer /their authorized capacity(ies), and that by his/hw /theirsignature(s) on the instrument the person(s}; 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 California that the foregoing paragraph is true and correct. comft" * 2106M WITNESS my hand and official seal. INoiuy Pubk - Ca>ftrA 1 / sawn cam Comer. EWm Aor 5. 2019 Signature Signature of Notary Public Place Notary Seal Above 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(es) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ' Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited El General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: l ' .v= �,.�.�i..�.6�y.'+:?! 'y�.'+:.r'+._'+;°; '?' ','!'+�i..:�,9:� .� .� '✓ v � -yt�✓ ✓%�:��c' ✓.,�._v:`�'.',s'q✓. '✓ ' .v '� 'y,•ty ' @2014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE C��Sr • %:�•�S 'r�S/. �r.a�..a .at!a�� _ a.✓�.NwN.a.c�t.a�'v� a <�r�a.�S��S�a..at�S�S�r�r /�- r l�t.�.��r!ar!s�SlaN.v.N.:�t.aN. A notary public or other officer completing this certificate verges 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 Cafifo is County of �9' ` , a rJrtvt^)— On DOV ZJ Date personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(5 whose named} gilare s scribed to the within instrument and acknowledged to me that ha4hdy executed the same in hi erftf eir authorized capacity(iq), and that by a �r signatu on the instrument the pensonM, or the entity upon behalf of which the person(K acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NALOW WITNESS my hand and official seal. Cabe a 2103704 fttlryPubk - caNamis CmSaft Ira count 2019 Signature ignature of Notary �Slic� Place Notary Seal Above 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: Document Date: Number of Pages: 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: L 'y.�� ' -vqd ri%`y,.y '.y.`+c�� ys`. " ✓.�.. \✓ ✓,� y`✓¢y4a. ✓.�.v.,�a.'y.L.ti . �✓'. �- 5'. �-_!.': i;`✓, �✓. � ✓i- ✓'.�,:' ✓1 ✓1 ✓�v�'�;= \:.ti✓. < \' LEGAL DESCRIPTION Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCEL 3, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN OFFICE OFTHE RECORDER OFTHE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON SEPTEMBER 10, 2008 IN BOOK 827 OF MAPS AT PAGES 12 -13. APN:810 -20 -020 w� 01►10� 01 COUNTY OAMTA CLAR:A COO•RTT. OALIPOtMIA _MM R" l P.Y. 2B/ -0-24 C1 IN Id A 7510 A6 M// PN., 667�'t Aataal I Am A p 1170 7is .I��/ PI a.$& ' jd 1 8 !! B ( : "A I1EG& At�ligAl/ 161!0 AG 1°LST COUP Oil I PCL t �\ PCI aam As lop ova Pill tg IAw Ar U.0. 1Bi7a100 \ fe ' 1r-3W am PAY. Bn.Y -!s T . 4 L6 AT £A= R� PAL 003-Ul � uAORe 6 A ®0 AyYrWtAL 1n'alx z V O M 10 �MMMM 1� ENCOMPASS NO: E1 DATE PUBLIC WORKS DEPARTMENT NUMBER: ENGINEERINGMIVISION PROJECT LOCATION: PARCEL NUMBER: OWNERIDEVELOPER: EFFECTIVE 7M11015 MAILING ADDRESS: TELEPHONE NO. Revised: PREPARED BY: Account No.. Key Code. 100 - 26013625 4904 100.2601 4000.3605 4702 420- 26004000-3660 4501 432- 2600-00003660 3301 433 - 2600-00003660 4905 435. 26004000. 3660 45(9 436- 2600-0000 -MO 4510 4402600.0000. 3660 4515 720. 0433.00003620 2202 801 - 2601. 4PWDGa899 4703 801- 2601 -PWDO -3899 4703 Payment Bond Amount for all Improvements Performance Bond Amount for all. improvements 10=015 245 PM CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERINGMIVISION COST ESTIMATE EFFECTIVE 7M11015 15010009" Revised: Revision Number: 05-0e` Lg13 Revision By. Bed L6ne Oak WaY� l 3id:Stieet S.Grasslarid Way ` 1671:EMit Vkita ;-- sbe 85687;; Clau fa .Morari= GBecie _. Fee: Credits: Amount Due: Account Descripfw Paid on Inwice# $3.450.60' $3,450.60 Special Public Works Seiv �_ -- $325.835.16 ;.5122 939:00? $202.896.16 . Eng Plan Check &.lnsp T— $25,944.00` _ - -� $25,944.00 Storm Development Fees $574.00 r'� _ $574.00 Str Ties Development Fee `�. 5 DEFERED TO _ $888,720.00 �� — - _ BUILDING PERD Traffic impact Fee - DEFERED TO $970.872.00 BUILDING PERb Sewer Development Fee - .T� DEFERED TO $360.696.00 ,;; •.,:••,ti,'J BUILDING PERJ Water Development Fee`:•._ DEFERED TO $1,530,732.00 L_ BUILDING PER) Public Facilit)r Fee _ �i $0.00 — ^ *.�_�� $0.00 Const Water Use Fee $0.00 $0.00 Reimbursements $0.00 OdwReimbursemerds Total $232.864.76 $3,803;990 $3.803,990 G.•1COMDEVIENGNEERMOOEVELOPMENT PROJECT51Traet FIe1Tr 10279 - HM Sou .1-196ar Pass (B7 Lalsptrwdm 3 &*natwjTraet 10279 Neckar Pass - West.t usw Hoeg FY COST SCHEDULE Fees Last RaAsed January 20, 2012 1 2018' -2018 ENCOMPASS NO: DATE. NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNERIDEVELOPER MAILING ADDRESS: TELEPHONE NO: PREPARED BY:. 10182015 2:45 PM CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE ALL PUBLIC FACILITY, SEWER, WATER 3 TRAFFIC FEES ARE DEFERED E1 1tiD10005 6-0et -2015 Between Lone Oak Way 13rd Street & Grassland Way G:ICOMDEVIENGWEERAIGIDEVELOPMEW PF=SCiS\Tract FtetTr 10279 • Hosy $dM Necker Pass (87 Lmsy&woicm & EstimatesSTract 10279 Hecker Pass = Wed Ckww ktoey FY COST SCHEDULE Fees .Last Revised January 20, 2012 2 2015,2018 ENGINEERING PLAN CHECK & INSPECTION 100 - 2801 -0000 -NO COST ESTIMATE $325,&35:18 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK At time of Improvement Plan/Final Map submittal 40% of fee is due for Plan Check Remainder 80% due ,prlor to submittal of Final Map for Council approval FINAL ENGINEERING COST SCHEDULE-TYPE: COST ESTIMATE ?7 PLAN CHECK � INCENTIVE AGREEMENT ONLY ? -Na (DEFER PUBLIC FACILITY FEE? TOPERMIT? .:Y_! TO FINAL?: N` DEFER SEWER,WATER,.TRAFFICFEES? TO PERMIT? Y? TO FINAL? ;N:? NOTE: This Frellminary Cost: Schedule Is an estimate and will be ad)usted to the rates In effect at the time permits are I= ied. Slbe Information: Gross Acres LOW Units: Sq 1-t Residertia4Lcw? :40.000 :106• i s 84 ResitlertiaFHigll ? 0000 0; 0' Commerclef Low ? 0 000 A 0 CommeroleMigh 7 t �. :3 0 OOd 0' , ;' x 0' Industrial- General ? 1 , :. �;.„ ;Q.OQO -.0, Industrial-Warehouse 7 0.000 0 0 Assemb Hall? y' 0:000 — -- --0 "0• Common Alva? -- _ _ ^0_000_ �L _ - _. __ . __ . 0, Commeraialllnd, strial'ADaeations: SewerGPD: WaterGPD: . p o.. Reimbursements and credits: Front Footage/Square Footage Charges Street Tree FF: Water FF: saw Storm FF: Const Water Acres to : be Develo: Developed _.. : 0.0 0.0 0.000 .000 Pavemert SF: Median SF: Sidewalk SF: CwWGutter FF. Cort�dbn Water FF. �_ _.._... - -saw_ :oral' 0,0. SPECIAL PUBLIC WORKS SERVICES 1 DO- M1-00003525 .$3.450.60 Maps: Final Map $1,755.00 + $18.70 I lot �Y, "; $3,450.60 Fee ID NO- FINALM Parcel Map $2.035.00 + $830.00 / kit 7 N'' $0.00 Fee ID NO-PARCELM Re went Map (Assessment Dot Parcels) $1,710.00 + $630.00 / W .. N.., $0.00 Fee ID N- ASSESM Administration Fees: (Cost Sche_ u' bs, Agreements, R/W Reviews and Other.Misc. Services) 0 hr Misc Services; $185.00 / hr. Y $0.00 Fee ID N-MISC Special,StaBAna"s ___G. hrSpecial Anaysis $143.44 1 hr. ? _ N ] $0.00 G:ICOMDEVIENGWEERAIGIDEVELOPMEW PF=SCiS\Tract FtetTr 10279 • Hosy $dM Necker Pass (87 Lmsy&woicm & EstimatesSTract 10279 Hecker Pass = Wed Ckww ktoey FY COST SCHEDULE Fees .Last Revised January 20, 2012 2 2015,2018 ENGINEERING PLAN CHECK & INSPECTION 100 - 2801 -0000 -NO COST ESTIMATE $325,&35:18 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK At time of Improvement Plan/Final Map submittal 40% of fee is due for Plan Check Remainder 80% due ,prlor 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 F7-0'hrAdddkmW Plan Review $143.44 1 hr. (2 Hour kbftum) Fts,&Mectlon Fee L--O.,hrRe4nspacdcn $126.00 1 hr. Inspections outside of normal business ham hr Inspection $475.00 (Based on total cod of bnpro%sments) Estimated Cost of Improvements 1.26% $0 10.5% $100,000 8.4% over Payment Bond Amount for all Improvements Performance Bond Amount for all improvements IMPACT FEES Storm Draln impact Fee aResidential-Low b.Residentit"Igh C.Commercial d.1ndu" eAssembly Hall Street Tres Fee LCIty Planting and Replacement $3.08 1 ff. x b1napection and Replacement $0.41 1. ff, x Traffic Impact Fee a.Resident[aWAw b.Residend"igh c.Commatclal-Low Traffic (<:10.75 trips/11000 80 d.CommoCW441gh Traffic P =10.75 VW 000 sf) a.lndus1rk&Generzd findustrialWarehouse $160.00 P hr. after 3hrs NN' i $0.00 COST ACTUAL ESTIMATE COST OW , $100,000,�Y,,I $12,600= -,V $0.00 $200.000 , Y $10,500 00 Y $0-00 $200.000'j;'- $302.735.16 $3,803.990 $3,803,990 420-28004)0003660 $564.00 / acre $25,944.00 $886-00 / acre $0.00 $1,526.00 1 acre $1,128.00 1 acre Y, $0.00 $564.00 acre Y t $0.00 432-26004)0003660 0.0 = $0.00 -Y 1,400.0 $57440 433-2600-0000-3.66.0 $10,580-00 1 and s866,720.00 $8,577.00 / and fi—$0-00 $11,706.00 1 ksf. $0.00 $23.647.00 1 ks.f. $0.00 $4,639-00 1 Ls.f. $0.00 $3,362.00 / Ls.► $0.00 10/62015'2:45 PM Fee 10 NO-GRADINS Fee ID NO-GRADINS Fee 10 NO-GRADINS DIFFERENCE ($325=516) Fee ID NO-PCIKINSP Fee ID N"DJ-D Fee ID NO-SD44D Fee ID NO-SD-C Fee ID NO-SO-I Fee ID N"D-AH. .$25.9".00 $574.00 Fee ID ND-TREEPLT Fee 10 NO•TREEINS DEFERED TO BUILDING PERMIT FOOIDNI-TRAF-LD Fee Ib.N2-TRAF41.D Fee 10 N3-TRAF-CL Fee 10 N3-TRAF-CH Fee ID N4-TRAF4G Fee ID N4-T RAF4W GLACOMDEVENGINIMRINGOEVELOPMENT PROJECIMTract FUG\Tr 10279 - Hoey South Hec*er Paw (07 LQU)\Invoices & Estimateffrad 10279 Hacker Pass - Wed Cluster. Hoey FY COST SCHEDULE Few Last Revised January 20, 2012 3 2015-2016 10/82075 2:45 PM Sewer Impact Fee 435- 2600-0OD0 -36W DEFERED TO BUILDING PERMIT a.Residential•Low $11,558.00 / unit Y ; $970,87200 Fee ID N1SS4.D b.Reskdentlal -High $6.254.00 / unit ^Y i $0.00 Fee ID N2-SS-H0 c.CommardaVlndusblal $3,658.00 V cgpd ` Y $0.00 Fee ID N5_SS -GI Water impact Fee 436- M00000-3880 DEFERED TO BULDING PERMIT a.Residenth Low $4 294.00 I unit _Y_ 1 $360,696.00 Fee ID N1- WATR -LD b.ResidentiabHigh $1,737.00 / unit :Y $0.00 Fee ID N2 WATR -HD af?ammercaUlndusMal $6,731.00 / kgpd `Y $0.00 Fee ID NS WTR C/I Public Facilities Impact Fee 440- 2600-0000-3660 DEFERED TO BUILDING PERMIT a 1asiden ia4low $18,223.00 / unit. ;._Y I $1,530.732.00 Fee 10 NI-PF-LD b Ressiderdia4HGh $15,332.00 / unit T $0.00 Fee ID N2 -PF-HD c-commerofal $2,746.00 1 L&L . Y i $0.00 Fee. ID N3 -PF-C d..lndu*W $1,215.00 / L&C Y $0.00 Fee ID N4#4 Water User Fee (Construction) 720-0433-0000-3620 7y" $0.00. $3.00 / ft. $0.00 Fee ID NO-CONVVTFF plus $182.73 / a.c. $0.00. Fee ID NO-CONWTAC FRONT FOOT CHARGES (Used to charge and reimburse teas for a daft Inbastruet ne) The Hag Poe schedule Is used to determine the front footage reimbursement to fbneer developers for infresbucbae previously irk along the font fmtege of the development The Full Pipe schedule Is used to determine the oversizing reimbursement to the developer for kuxa ft water, sewer, and storm math eudenslons to sizes required by each:master plan that are greater than the size 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 deveiopels minimum responsibility for each main. Water 801- 26014'WDD -W99 $0.00 Water Mains - kcdrding fire hydrants, valves, valve boxes and other pertimences. Developer responsibility is up to and :including 12' mains Half Plpe Lineal Footage 6 Inch Main $39.00 / LFx ' .: !04 _ $0.00 Fee ID N- WR06.1/2 8 Inch. Main $41.00 / LFx $0.00 Fee ID N WRO&1/2 10 Inch Main $47.00 1 LFx N - 0.0. _ $0.00 Fee ID N- WR10.112 12 Inch Main $52.00 / LFx �N' .0:0. _ $0:00. Fee ID N- WR12412 14 kWh Main $57.00 / LFx N'_---- -- ...1.___0.0: _ $0.00 Fee IDN- WR14 -1/2 16 Inch Main $6240 / LFx N. 0.0' _ .$0.00 Fee ID N4VR164/2 18 inch Main $68.00 / LFx N 0.0 = $0.00 Fee ID N- WRIB -1/2 20 inch Mein $78 -00 / LFx ' N �_.. _ ......_...04' _ $0.00 Fee ID N-WR78 -1 /2 24 Inch Main $82.00 1 LFx - N , -f).0 = $0.00 Fee ID N-WR24 -112 30 Inch Main $91.00 / LFx N 0.0 = $0.00 Fee ID N-WR30 -112 36 inch Main $106.00 / LFx W 0.0 $0.00 Fee ID N- WR36 -1/2 G .1COMDEV1ENGN-EERINGIDEVELOPMENT PPA ECTS%Traet File%Tr 10279- Hoey South Mocker Pass (87 Loisykwolces 8 EsOmata%tTrad 10279:Hedm Pass -West Cluster tbay FY COST SCHEDULE Fees Last Revised January 20, 2012 4 20154018. 10=015 2:45 PM Fred Foot Charges Continued (Used to charge and reimburse few for adsling h*a&LcWm) Sewer 801-2601-ImAD0-3899 $0.00 Sew Mains - Including manhole and other perlinences. Developer responsibility Is up to and including i r mains. Half Pipe Lhwl Footwe 6 b0i Main $73.00 / LFx 0.0 - $0.00 Fee ID N-SS06-112 8 inch Main $75.00 1 LFx -14 --77 076 - $0.00 Fee ED N-MS-112 10 Inch Main $81.00 1 LFx W0.0. $0.00 Fee 10 N-SS1 0-1/2 12 Inch Main 583.00 / LFx 77 $0.00 Fee ID N-S$12-1/2 13 Inch Main $87.00 1 LFx $0.00 Fee ID N4S1 S-1t2 18 Inch Main $93.00 1 LFx .0. $0.00 Fee ID N-SS18-t@ 21 Inch Main $102.00 / LFx --N .0.0 $0.00 Fee ID N-SS21-1t2 24 Inch Main $106.00 1 LFx $0.00 Fee 10 N-SS24112 27 Inch Main $122.00 1 LF ic $0.00 Fee ID N-SW-1r2 30 Inch Main. $1".00 LFx TE N .0' $0.00 Fee ID N-112 -lJ2 33 Inch Main $158.00 LFx 0.0 $0.00 Fee IDWSS33-1/2 36 Inch Main $178.00 / LFx $0.00 Fee ID N-SS36-1/2 39 Inch Main $212.00 / LFx N...... $0.00 Feell) N-SVI9-1* 42 inch Main $265.00 / LFx $0.00 Fee 10 N4SS42 -112 -6-126614mA'D0-3899 SbvQ Improvements $0.00 Pmwtent, Sidewalks & Medians Scruare Footace ACIBIke path: base $2.55 SFx $0.00 FeelD N-M-ACS Ar./Bko path: pvm $2.50 1 SFx 0.0 $0.00 FeelD N-M-ACP Sidewalk: now $9.75 / SFx $0.00 Fee D N-STR-W Sld&mWk: replace $13.26 / SFx $0.00 Fee 10 N-STR-SAVR Resurbdng $255 1 SFx N -0 $0 .00 Fee ID N -STR-RESU Landscaped Median $20.36 / SFx - 'pi'"74,77 A0, $0.00 Fee 10 N-M4 ANM Hardscaped Median $11.63 / SFx N ..0.0: $0.00 Fee 10 N-M-NARD Traft Sigmis teaubment an fraft slgrwi4 leg $130.200.00 1 LS % of Lump Sum No $040 :Fee ID N-STR-TS3L Traft-Signal log $158,500.00 1 LS 0% . $0.00 Fee ID N-M-TS4L Curb and Golfer Curb/Gutter. now $25.85 1 LFx Lbeall N. :0.0; - -$0.00 Fee ID N-STRCM Curb/Gutter. replace $33.40 1 LFx $0.00 Fee ID N-M-CJGR Curb Ramps $1,057.63 1 LFx 0.0 = $0.00 Fee 10 N-M-CR &FAWEV�ii`i P' RIATr 10279 - Hoey South Mocker Pass ( 87 LobPvoices 8 Estimateffract 10279 Hedw Past; -,WW Cluster HoW FY 2015 X18 SCHEDULE FOOMZed =CT.'120012 $ NOTE: AN debmid an lior estimated pees wig be adJusOEtd to the rates in elleet at One time, fees, are paid. The `agrees to provide ac isi oonstrhxtion costa for mcalcuietion of tees and pay an fees prior m tlral acoaptance. tithe reralotdaEed pees are less than the estimate, the cky of. A00bonel plan. review nx died by changes, additions orWalons to approved of normal business- hours wig be billed as shown Ii Ore City of G*tr,% mad In aTeet st.the time of inspection :,Y,.; mgerea ore OLiteft at the honatyrates O EV1IGgVE6tWGIDEVELOPMENT PROJECTWtact Fgfft laM- Rosy SoLO 14o*w Pass (57 LotOnwalces 8' Effi eladTraet 10278 tledca Pass- westCttmtier lioey Ft COST SCHEDULE Fees Last Revised January 20, 2012 8 r Hooey 18 10/8/2015 245 PM Front Foot Charges (Used to charge and retrnbursa pees for aftrtg ftaMnxcure) Storm Drain 801 26M43WDD2M99 $0.00 Storm Mabm - irides manholes, oatch basins and obw pertlnwom Deweloper responaibRy is up to and hAmIr g 24" mains. FIa7Pipe Uneal, 18 inch Main SS3.00 / LFx ; N ...': ''•::'p p _ $0.00 Fee ro NSD18 -12 21 i ch Main $69.00 / LFx N.:':. -::'.• :-5:,0.0 = S0.00 Fse ro N•SD21 -1r2 24 inch Main $70.00 / LFx N. .' :.0.0' _ $0.00 Fee ID NS024.tr2 27 inch Main 582.00 I LFx N 0 = $0.00 Fee ID NSlW -12 30 inch Main $89.00 / LFx N..'.. :. .• ' .:0.0 ._ SO.OD Fee ID NSD30 -12 33 hhch Main $91.00 / LFx • N _ .:i :.: ":..'0.0. = $0.00 Fee ID NSD33 -12 36 inch Main 595.00 / LFx N 7 _ 0.0 = 50.00 Fee ID NSO36 -1I2 42 Inch Mahn 599.00 / LFx N.•;:'.. "?'_:_ 0.0 = $0.00 Fee IDNSDg2 -1Q 48 fish Main 5117.00 / LFx $0.00 Fee ID NSD48 -1/2 54 inch Main 5137700 / LFx N .. •: ' i. -ao = So.DD Fee ro NsD54-ia 60 Inch Main $158.00 / LFx N. " i'. : `..0 .. _0 0: = S0.00 Fee 1D NSD60 -v2 ". 66 inch Main $179.00 1 LFx SQOD Fee ID1WSD661r2 72 inch Main $200.00 / LFx . :N' 50.00 Fee roNSD72 -1r2 78 'Inch Main $216.00 I LFx ;N ;s0 = $0.00 Fee ID "D78 -1r2 34 inch Main S231.0D / LFx N .''• . ''1 •.' `'a; 0:0' = $0.00 Fee ID NSD841/2 90 inch .Main $246.00 'I LFx $0.00 Fee:ID NSA tr2 96 .inch Main 5281.00 1 LFx N . ` ";: G.O. = 50.00 Fee ID NSD96 -tr2 NOTE: AN debmid an lior estimated pees wig be adJusOEtd to the rates in elleet at One time, fees, are paid. The `agrees to provide ac isi oonstrhxtion costa for mcalcuietion of tees and pay an fees prior m tlral acoaptance. tithe reralotdaEed pees are less than the estimate, the cky of. A00bonel plan. review nx died by changes, additions orWalons to approved of normal business- hours wig be billed as shown Ii Ore City of G*tr,% mad In aTeet st.the time of inspection :,Y,.; mgerea ore OLiteft at the honatyrates O EV1IGgVE6tWGIDEVELOPMENT PROJECTWtact Fgfft laM- Rosy SoLO 14o*w Pass (57 LotOnwalces 8' Effi eladTraet 10278 tledca Pass- westCttmtier lioey Ft COST SCHEDULE Fees Last Revised January 20, 2012 8 r Hooey 18 101VAI5 2:45 PM OVERSIZING SCHEDULE (Used to reimburse oversized h1rasbucture) Total Oversized Water, Sewer and Storm Drain Main Reimbursement Total Oversized Walter Main Reimbursement (Developer Is responsible for up to and Including 12" mains) $0.00 Oversized Minimum ir main Oversized Fug:Plpe S(W Full Plpeftot Oversized Footage -Rairnbursement. 14 inch Main $114.00 - $104.00-' X 10.00 N2' 16 Inch Main $124.00 - $104.00 x '7 _-_��O.F $0.00 18 inch Main $135.00 - $104.00 x 0:0, = $0.00 20 inch Main $151.00 - $104.00 x 24 inch Main $164.00 - $104.00 x 0.6 .0 30 inch Main $18200 - $104.00 x 0.0, = -s0-00 36 inch Main $211.00 - $104.00 x i.==---70-5 = $uo,7 Total Oversized Sewer Main Reimbursement (Developer Is responsible for to and knebiding 12" mains) $0.00 Oversized Minlm,um 12' main Oversized Full Pipe VW Full. Pipe $11bot Oversized Footage Reimbursement 15 Inch Main $174.00 $166.00 x $0.00 7P 18 inch Main $186.00 $166.00 x 0.0.- E-00 N: 21 Inch Main $204.00 $166.00 x --E-00 24 inch Main $211.00 $166.00 x �ON $0.00 ::-N.! V Inch Main $244.00 $166.00 x -io--Clo 30 Inch Main, $287.00 $166.00 x 7_*.*.... $0.00 FP 33 inch Main $315.00 - $168.00 x 0.0 Z $0.00." ij 36 inch Main $356.00 - $166.00 x =0 $0.00 39 Inch Main $423.00 - $168.00 x DE = $0.00 M" 42 Inch Main $529.00 - $166.00 x $0.00 '7 N_; Total Oversized Storm Drain Main Rolmbmnt (Developer is responsible for up to and includirg 24r mains) $0.00 Oversized MWmum 24* main Oversized Full Pipe &Ybot Full Pipe ftot Oversized Footage Reimbursement 27 inch Main $164.00 - $140.00 x :. -"-,0, .0 . - ... . ' $0.00 N 30 inch Main $177.00 - $140.00 x ___=o7o $0.00 33 inch Main $182.00 $140.00 x 36 Inch Main $189.00 $140.00 x s0-00 42 Inch Main $197.00 - $140.00 x $0.00 48 inch Main $233.00 - $140.00 x 7= U $0.00 ".K '. 54 inch Main $273.00 - $140.00 x -5 $0.00 60 Inch Main $315.00 - $140.00 x 0.00 Z7 G•COMDEVENGINEERING)DEVELOPWK PROJECT51Tfact Fge%Tr 10279 - Hoey Southpocker Pass (87 WbNnvalcas & Edmateffract IOM Hecker Pass - Wag Cluster HqW.FY COST SCHEDULE Fees Last Revised January 20, 2012 2015-2016 10MMI5 245 PM Overstrmg schedule Continued (Used to reimburse oversized Infrastructure) Oversized Storm Drain Main Reimbmnt Cartlnued Oversized Mlydmum 24' main Oversized Full Pipe $/snot Full Pipe $/foot Oversized Footage Reimbunrernent 66 inch Main $357.00 - $140.00 x '___0.0 = $0.00 72 inch Main. $399.00 - $140.00 z ..: ` - "' •.0.0' _ $0.00 ..N, 78 Inch Main $431.00 - $140.00 z 0.0 = $0.00 N 84 inch Main $461.00 - $140.00 z - 0A _ $0.00 IJ - 90 inch Main $492.00 - $140.00 x 0.0 $0.00 N 96 inch Main, $522.00 a - $140.00 x _ , _0.0: _ $0.00: N ' G1COMDEYIENGNMR NGMEVELOPUENT PROJECTS%Tract FRi e1Tr 10278 - Hoey South Mocker Pass (87 LctNnwices 8 EdmeWTract 10279 Hecker Pass - West CIUSW Hosy FY COST SCHEDULE Fees Last PUPAsed January 20, 2012. 8 2015 2016 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2017 -01 Heartland Gardens PH I, PH II, & PH III — Tract 10379, 10398, 10399 APN: 810 -20 -015 Meritage Homes Corp. -1- U4t IM5242.1 9/18/12 rev. 3/23/15 091812- 04706099 BN 285296840 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. 2017 -01 This Property Improvement Agreement ("Agreement ") is made and entered into this day of , 2017, by and between the City of Gilroy, a municipal corporation, herein called the "City," and Meritage Homes, a California corporation, herein called the "Developer ". WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as and called: Heartland Gardens, Tract No 10379, 10398, and 10399 APN: 810 -20 -015, 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 Tract No 103 79, 103 98, 103 99 Heartland Gardens. 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- VKKS11065242.1 9/18/12 rev. 3/23/15 091812-04706091 BN 285296843 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 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 -3- W01065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 BN 28529684v3 defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described. above,,a separate maintenance bond issued by an admitted surety in the amount 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 fuunishes 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; 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 -4- IKKS110652421 9/1 8i12 rev. 3/23/15 id 091812 - 04706091 B 28529684v3 prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by.the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That all the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement. are to be completed to City's satisfaction within one year from and after the date and year 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- V01065242.1 9/18/12 rev. 3/23/15 091812 -04706091 BN 28529684x3 SECTION 6 That the following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer. 1. The project shall comply with all applicable requirements of the Hecker Pass Specific Plan, Backbone Infrastructure Plan, and Development Agreement (DA). . 2. The Project shall comply with all Tentative Map conditions and applicable mitigation measures as contained in City Council Resolution 2014 -35 (TM 13 -09 approval). Prior to issuance of the 350a' residential building permit or later as determined by the Public Works Director, the intersection of Hecker Pass Highway and Autumn Drive, together with the necessary travel lanes, turn lanes and roundabouts (together, the "West Intersection'l will be built and operational, per the Development Agreement, Exhibit F B 1 (a) (ii). Should Caltrans approval of this intersection be delayed, the Developer may use Lone Oak Lane and Two Oak Lane after issuance of the 350th residential building permit within the Hecker Pass Special Plan Area as approved by the Public Works Director /City Engineer. 3. The project shall comply with the conditions of approval of application AS 16 -32 as adopted by City Council Resolution No. 2017 -09. 4. Before issuance of first building permit, a construction phasing plan shall be provided to the Engineering Division. The developer shall follow the construction phasing plan approved by the Planning and Engineering Division. 5. To the extent possible, staging of equipment and supplies shall be located away from the existing residences along Lone Oak-Lane.. 6. The Developer acknowledges that changes to the project plans may result from review and approval of TM 13 -09 which may require removal and/or relocation of improvements. The Developer accepts the responsibility and cost for implementing the changes. 7. The Developer shall perform all work in compliance with the City of Gilroy Specifications Standards Design Criteria and Hecker Pass Specific Plan Development Agreement and is subject to all laws of the City of Gilroy by reference. 8. The Developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the applicable fees prior to grading or improvement plan approval. 9. 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 -6- VXS11065242.1 9/18/12 rev. 3/23/15 091812. 04706091 BN 285296843 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. 10. Prior to issuance of the 350th residential building permit within the Hecker Pass Special Plan Area or later as determined by the Public Works Director /City Engineer, all overhead utilities and poles will be removed along Hecker Pass Highway (SR 152). 11. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 12. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the Developer's sole expense. 13. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the Developer, their employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771. 14. Prior to the recordation of the Final Map, the Conditions, Covenants and Restrictions shall be submitted to the Planning Division. 15. The Developer shall enter into a Landscape Maintenance Agreement as determined by the Director of Public Works. 16. 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. 17. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 18. All work within the public right -of -way shall be subject to the approval of the Public Works Director /City Engineer. 19. Off-site public improvements shall be installed per the approved Improvement Plans. 20. 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. 21. All work shown on the approved improvement plans shall be inspected. Uninspected work shall be -7- Ut N065242.1 9/18/12 rev. 3!23/15 091812-04706091 13N 285296840 removed as deemed appropriate by the City Engineer. 22. All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties. 23. 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. 24. 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. 25. Before issuance of any building permit, approval by both the City Engineer and City Fire Marshall must be obtained to verify site conditions and site access meet city requirements. 26. 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, 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 fiend are designated by the City for use on such projects of high importance. SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $3, 186, 157.22 -8- WKS11065242.1 9/18/12 rev. 3/23/15 BN 285296840 09181204706091 CITY OF GILROY DEVELOPER: By: By: Gabriel A. Gonzalez City Administrator Name: Date: ATTEST: Shawna Freels, City Clerk APPROVED AS TO FORM: Andrew L. Faber, City Attorney Title: Date: 11.3 /(7 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)] -9- MS11066242.1 9/18112 rev. 3/23/15 091812-04706091 BN 28529684v3 ZALIFORNIA ALL-PURPOSE • -D --- -— CODE 1189 C. a <!:�c {CCC 'tCv.tr.�..r.�e.:�< n.�•. -tr�:�;iL4.. �.�crf •.:'<!%�ei -. .rye./- .� <.�".��•r-.�.•✓:�<!�tc �.�.r;�r/.•:ie.:�c�• \!:�:.ar!i�c � ✓a<!aer. e Cc..neri <! 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 California ) County of SO Q4-, O ) On June i3, 20):j before me, c- iD ` a AAaft-mS- Nuirru P ukVi c, , Date Here Insert Name and Title of thd Officer personally appeared Uaf (!A l],0pX) T Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VICTORIA ADAMS WITNESS my hand and official seal. Notary Public - California Solano County Z Commission # 2105949 My Comm. Expires Apr 5, 2019+ Signature Signature of Notary Public Place Notary Seal Above 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 Cl Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ✓4`x'4'.- s,�e "i�✓.9Cr . +.` • • ✓4K"✓•. •'/4�✓4': /4�4 ' ✓4' '.•N -:l4 : • ✓;✓�. .'• ✓;�,: .'✓, .S2014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) ltem#5907 "EXHIBIT A" CERTIFICATE OF COMPLIANCE NO. _ LOT LINE ADJUSTMENT PARCEL 2A: (Adjusted Parcel 2; 883 -M -21) All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being a portion of "Parcel 2" as shown on the Parcel Map filed May 21, 2015 in Book 883 of Maps, at Pages 21 and 22, Records of Santa Clara County, California, and a portion of "Parcel 2" as shown on the Parcel Map filed September 28, 1976 in Book 380 of Maps, at Page 42, Records of Santa Clara County, California, being more particularly described as follows: Beginning at the southwest corner of "Parcel 1" as shown on the aforementioned Parcel Map filed in Book 380 of Maps, Page 42; thence along the south line of said "Parcel 1 ", N89'1 9,53"E, a distance of 4.08 feet; thence leaving said south line, S00 °00'00 "W, a distance of 472.57 feet to the westerly projection of the south line of "Parcel 2" as shown on the aforementioned Parcel Map filed in Book 380 of Maps, at Page 42; thence along said projection and south line, S81 °09'40 "E, a distance of 55.13 feet; thence continuing along said south line, S88 025'40 "E, a distance of 107.09 feet; thence continuing along said south line, and the south line of "Parcel 3" as shown on the aforementioned Parcel Map filed in Book 380 of Maps, at Page 42, S81 °40'40 "E, a distance of 58.77 feet; thence continuing along said south line of said "Parcel 3 ", S88 °03'40 "E, a distance of 138.22 feet; thence continuing along said south line, N85 021'20 "E, a distance of 77.50 feet; thence continuing along said south line and along the south line of "Parcel 4" as shown on the aforementioned Parcel Map filed in Book 380 of Maps, at Page 42, N68 °20'20 "E, a distance of 186.73 feet; thence continuing along said south line of said "Parcel 4 ", N78 °47'20 "E, a distance of 80.95 feet to the east line of "Parcel 2" as shown on the aforementioned Parcel Map filed in Book 883 of Maps, at Pages 21 and 22; thence along said east line, S00 039'40 "E, a distance of 304.19 feet to the south line of "Parcel 2" as shown on the aforementioned Parcel Map filed in Book 883 of Maps, at Pages 21 and 22; thence along said south line, S78 036'36 "W, a distance of 1.51 feet to a tangent curve to the right having a radius of 304.50 feet; thence continuing along said south line, westerly along said curve, through a central angle of 08034'21", a distance of 45.56 feet; thence continuing along said south line, S87 °1 0'57 "W, a distance of 18.95 feet; thence continuing along said south line, S87 045'23 "W, a distance of 49.92 feet; thence continuing along said south line, S87 °10'57 "W, a distance of 127.66 feet to a tangent curve to the left having a radius of 786.00 feet; thence continuing along said south line, westerly along said curve, through a central angle of 11 055'51 ", a distance of 163.67 feet; thence continuing along said south line, S75 015'07 "W, a distance of 421.21 feet to a tangent curve to the right having a radius of 414.00 feet; thence continuing along said south line, northwesterly along said curve, through a central angle of 104 044'16 ", a distance of 756.80 feet; thence along the west line of said "Parcel 2" as shown on the aforementioned Parcel Map filed in Book 883 of Maps, at Pages 21 and 22, N00 °00'37" W, a distance of 63.88 feet to a tangent curve to the right having a radius of 414.00 feet; thence continuing along said west line, northeasterly along said curve, through a central angle of 90 000'00 ", a distance of 650.31 feet; thence along the north line of said "Parcel 2" as shown on the aforementioned Parcel Map filed in Book 883 of Maps, at Pages 21 and 22, N89 °59'23 "E, a distance of 139.65 feet; thence continuing along said north line, N88 015'15 "E, a distance of 16.51 feet; thence continuing along said north line, N89 059'23 "E, a distance of 65.17 feet; thence along the east line of said "Parcel 2" as shown on the aforementioned Parcel Map filed in Book 883 of Maps, at Pages 21 and 22, S00 050'40 "E, a distance of 21.17 feet to the Point of Beginning. Containing 15.749 acres, more or less. As shown on "Exhibit B ", attached hereto and made a part hereof. Page 1 of 2 PARCEL 2B: (Adjusted Parcel 2; 380 -M-42) All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being a portion of "Parcel 2" as shown on the Parcel Map filed May 21, 2015 in Book 883 of Maps, at Pages 21 and 22, Records of Santa Clara County, California, and a portion of "Parcel 2" as shown on the Parcel Map filed September 28, 1976 in Book 380 of Maps, at Page 42, Records of Santa Clara County, California, being more particularly described as follows: Beginning at the southwest corner of said "Parcel 2" as shown on the aforementioned Parcel Map filed in Book 380 of Maps, at Page 42; thence along the westerly projection of the south line of said "Parcel 2" as shown on the aforementioned Parcel Map filed in Book 380 of Maps, at Page 42, N81 °09'40 "W, a distance of 2.93 feet; thence N00 °00'00 "E, a distance of 472.57 feet to the north line of said "Parcel 2" as shown on the aforementioned Parcel Map filed in Book 380 of Maps, at Page 42; thence along said north line, N89 019'53 "E, a distance of 393.18 feet to the east line of said "Parcel 2" as shown on the aforementioned Parcel Map filed in Book 380 of Maps, at Page 42; thence along said east line, S43 044'48 "W, a distance of 42.00 feet; thence continuing along said east Line, S89 °19'53"W, a distance of 152.35 feet; thence continuing along said east line, S00 039'40 "E, a distance of 464.61 feet; thence along the south line of said "Parcel 2" as shown on the aforementioned Parcel Map filed in Book 380 of Maps, at Page 42, N81 °40'40 "W, a distance of 56.20 feet; thence continuing along said south line, N88 025'40 "W, a distance of 107.09 feet; thence continuing along said south line, N81 °09'40 "W, a distance of 52.20 feet to the Point of Beginning. Containing 2.494 acres, more or less. As shown on "Exhibit B ", attached hereto and made a part hereof. END OF DESCRIPTION. This description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. Bryan Pierce, PLS 8859 Date Expires: 12/31/2017 Page 2 of 2 615(2017 2:27 PM Payment Bond Amount for all improvements Performance Bond Amount for all improvements $3,506,723 $3,506,723 COST SCHEDULE Fees Last Revised January 20, 2WMDEVENGINEERINGOEVELIbPMENT PROJECTSTEESTroject Cost Schedules7ract 10379 Heartland Garderis 3-27-2017 revised CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 711/2016 ENCOMPASS NO: Ell 1-61-20-0-21--1 Revised: Revision Number. DATE: 05 Jun -17 Revision By. NUMBER: I Hiartl­an-d Gardens (Tract —10379)- PROJECT LOCATION: -- (South of Hwy i-Si,- Easterly ofUvas Creek PARCEL NUMBER: 810 -26-41-6—&-M-0-2k-07 OWNER/DEVELOPER: MAILING ADDRESS: Pfiase T—, TELEPHONE NO: PREPARED BY: Claudia Moran4arcla Account No. Key Code Fee: Credits: Amount Due: Account Descriptor Paid on Invoice # 100-2601-0000-3625 4904 $2,587.10 $0.00 Special Public Works 100-2601-0000-3605 4702 $300,864.73 3(EOk6 $0.00 Eng Plan Check & Insp 420-2600-0000-3660 4501 $6,893.08 $6,893.08 $0.00 Storm Development Fee` 432-2600-0000-3660 3301 $1,049.60 vbom $0.00 Str Tree Development Fee- DEFERED TO 433-2600-O000 -3660 4905 $353,360.00 BUILDING PERMIT Traffic Impact Fee DEFERED TO 435-2600-0000-3660 4509 $260,160.00 — BUILDING PERMIT Sewer Development Fee DEFERED TO 436-2600-0000-3660 4510 $69,480.00 BUILDING PERMIT Water Development Fee DEFERED TO 440-2600-0000-3660 4515 $637,800.00 BUILDING PERMIT 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 1 $0.00 Other Reimbursements Total $0.00 Payment Bond Amount for all improvements Performance Bond Amount for all improvements $3,506,723 $3,506,723 COST SCHEDULE Fees Last Revised January 20, 2WMDEVENGINEERINGOEVELIbPMENT PROJECTSTEESTroject Cost Schedules7ract 10379 Heartland Garderis 3-27-2017 revised 61512017 2:27 PM FINAL ENGINEERING COST SCHEDULE TYPE: CITY OF GILROY PLAN CHECK? N COMMUNITY DEVELOPMENT DEPARTMENT (DEFER PUBLIC FACILITY FEE? ENGINEERING DIVISION - -- — 0.0 COST ESTIMATE DEFER SEWER, WATER, TRAFFIC FEES? ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO: E7 16120021 DATE: 5 -Jun -2017 NUMBER: Heartland Gardens (Tract 10379) PROJECT LOCATION: South of Hwy 152, Easterly of Uvas Creek PARCEL NUMBER: 810 -20 -015 & 810 -20 -007 OWNER/DEVELOPER: Medtage Homes MAILING ADDRESS: Phase I TELEPHONE NO: 401 PREPARED BY: Claudia Moran-Garcia FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE?; Y PLAN CHECK? N INCENTIVE AGREEMENT ONLY? N i (DEFER PUBLIC FACILITY FEE? -- — — — _ 2:560.0 - -- — 0.0 TO PERMIT? Y TO FINAL?! N DEFER SEWER, WATER, TRAFFIC FEES? _ -. 0.000; Pavement SF: TO PERMIT? Y : 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. Site Information: Gross Acres: Lots: Units: Sci Ft: Residential -Low ? 0.0001 01 01 Residential -High? 7.780 53i 401 Commercial -Low ? 0.0001 Oj 01 Commercial -High? 0.000! Oj O• Industrial - General ? 0.000 0 01, Industrial- Warehouse? 0.000 Re- assessment Map (Assessment District Parcels) 0, Assembly Hall? 0.000I — _ Oj 0! Common Area? 0.000; $0.00 0 Commercial/Industrial Alocations: Sewer GPD: Water GPD: - DE Q Reimbursements and credits: Front Footage/Square Footage Charges Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed: -- — — — _ 2:560.0 - -- — 0.0 - - — 0.01 -- - _ -A-0; _ -. 0.000; Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF: 0A, O.OI 0.0 _- _- 0.0' SPECIAL PUBLIC WORKS SERVICES 100- 2601 -0000 -3625 $2,587.10 Maps: Final Map $1,755.00 + $15.70 / lot Y $2,587.10 Fee ID NO- FINALM Parcel Map $2,035.00 + $630.00 / lot N $0.00 Fee ID NO- PARCELM Re- assessment Map (Assessment District Parcels) $1,710.00 + $630.00 / lot N $0.00 Fee ID N- ASSESM Administration Fees: (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) t)! hr Misc Services $185.00 / hr. Y `. $0.00 Fee ID N -MISC Special_ Staff Analysis r O7 hr Special Analysis $143.44 / hr. N $0.00 ENGINEERING PLAN CHECK & INSPECTION 100- 2601 -0000 -3605 COST ESTIMATE $300,864.73 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 COST SCHEDULE Fees Last Revised January 20, 20ftMDEVIENGINEERINGIDEVEL&MENT PROJECTSIFEES1Project Cost ScheduleslTract 10379 Heartland Gardens 3-27 -2017 revised Additional Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to Approved Plans Os hr Additional Plan Review $143.44 / hr. N 1 $0.00 Fee ID NO- GRADINS (2 Hour Minimum) Re- Inspection Fee O;hr Re- Inspection $125.00 / hr. N, $0.00 Fee ID NO- GRADINS Inspections outside of normal business hours .- 6hrInspection $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.Residenfial -Low b.Residential -High c.Commercial d.Industrial eAssembly Hall Street Tree Fee a.City Planting and Replacement $3.06 / 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.lnd ustrial- General f.lnd ustrial- Warehouse $160.00 / hr. after 3hrs N i $0.00 COST ACTUAL ESTIMATE COST $3,506,723 — $0; $100,000, $12,600.00: _' Y I $0.00 $200,000 Y i $10,500.00 Y $0.00 $200,000; Y_i $277,764.73 Y $0.00 $3,506,723 $3,506,723 420 - 2600 -0000 -3660 $564.00 / acre Y '. $0.00 $886.00 / acre Y l $6,893.08 $1,528.00 / acre Y $0.00 $1,128.00 / acre Y-; $0.00 $564.00 / acre Y $0.00 432 - 2600 -0000 -3660 N 0.0 = $0.00 Y '. 2,560.0 = $1,049.60 433 - 2600 -0000 -3660 $10,897.00 I unit Y $0.00 $8,834.00 / unit Y $353,360.00 $12,057.00 / k.s.f. Y $0.00 $24,356.00 / k.s.f. Y: $0.00 $4,778.00 / ks.f. Y , $0.00 $3,463.00 / k.s.f. Y $0.00 6/5/2017 2:27 PM Fee ID NO- GRADINS DIFFERENCE ($300,864.73) Fee ID NO- PCKINSP Fee ID NOSD-LD Fee ID NO-SD-HD Fee ID NO -SD -C Fee ID NO-SD4 Fee ID NOSD-AH $6,893.08 $1,049.60 Fee ID NO- TREEPLT Fee ID NO- TREEINS DEFERED TO BUILDING PERMIT 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 SCHEDULE Fees Last Revised January 20, 20d@MDEVIENGINEERINGIDEVELbPMENT PROJECTSIFEESXPmject Cost Schedules %Tract10379 Heartland Gardens 3-27 -2017 revised 6/5/2017 2:27 PM Sewer Impact Fee 435-2600-0000 -3660 DEFERED TO BUILDING PERMIT a.Residential -Low $12,020.00 / unit Y $0.00 Fee ID N1 -SS-LD b.Residential -High $6,504.00 / unit 7Y; $260,160.00 Fee ID N2 -SS-HD c.Commercial /Industrial $3,804.00 / cgpd Y $0.00 Fee ID NS- SS -C/I Water Impact Fee 436- 2600 -0000 -3660 DEFERED TO BUILDING PERMIT a.Residential -Low $4,294.00 / unit Y $0.00 Fee ID N1- WATR -LD b.Residential -High $1,737.00 / unit Y $69,480.00 Fee ID N2- WATR -HD c.Commercial /Industrial _ $6,731.00 / kgpd Y ! $0.00 Fee ID N5- WTR -C/I Public Facilities Impact Fee 440- 2600 -0000 -3660 DEFERED TO BUILDING PERMIT a.Residential -Low $18,952.00 / unit ^Y ; $0.00 Fee ID N1 -PF -LD b.Residendal -High $15,945.00 / unit Y $637,800.00 Fee ID N2 -PF -HD e c.Commercial $2,856.00 / k.s.f. Y ' $0.00 Fee ID N3 -PF -C d.lndustrial $1,264.00 / k.s.f. Y i $0.00 Fee ID N4 -PF -I 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 developer's 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 / LFx N 0.01 _ $0.00 Fee IDN- 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 / LFx N 0.01 = $0.00 Fee IDN- WR10 -1/2 12 inch Main $52.00 / LF x N OA; _ $0.00 Fee ID N- WR12 -1/2 14 inch Main $57.00 / LF x N _ 0.0i = $0.00 Fee ID N- WR14 -1/2 16 Inch Main $62.00 / LF x N 0.01 = $0.00 Fee ID N- WR16 -1/2 18 inch Main $68.00 / LFx -N ---- _- _-- _ - -0.0! _ $0.00 Fee IDN- WR18 -1/2 20 inch Main $76.00 / LF x N 0. el = $0.00 Fee ID N- WR18 -1/2 24 inch Main $82.00 / LF x N 0.0I = $0.00 Fee ID N- WR24 -1/2 30 inch Main $91.00 / LF x N 0.6 _ $0.00 Fee ID N- WR30 -1/2 36 inch Main $106.00 / LF x N 0.01 = $0.00 Fee ID N- WR36 -1/2 COST SCHEDULE Fees Last Revised January 20, ZQItMDEVIENGINEERINGtDEVEL ®PMENT PROJECTSIFEEStProject Cost ScheduleslTract 10379 Heartland Gardens 3-27 -2017 revised 6/5/2017 2:27 PM Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) sewer 801 - 2601 -PWDO -3899 $0.00 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 0.01 = $0.00 Fee ID N- SS06 -1/2 8 inch Main $75.00 / LF x `N 0.01 = $0.00 Fee ID NSS08 -1/2 10 inch Main $81.00 / LF x ;7 N OAE _ $0.00 Fee ID N- SS10 -1/2 12 inch Main $83.00 / LF x N 0.01 = $0.00 Fee ID N- SS12 -1/2 15 inch Main $87.00 / LF x r N 0.01 = $0.00 Fee ID N- SS15 -1/2 18 inch Main $93.00 / LF x N 0.0. _ $0.00 Fee ID N- SS18 -1/2 21 inch Main $102.00 / LF x N 0.001 = $0.00 Fee ID N- SS21 -1/2 24 inch Main $106.00 / LFx N 0.0 = $0.00 Fee ID N- SS24 -1/2 27 inch Main $122.00 / LFx N O.OI = $0.00 Fee ID N- SS27 -1/2 30 inch Main $144.00 / LF x N . 0.61 = $0.00 Fee ID NSS30 -1/2 33 inch Main $158.00 / LF x N O.Oi = $0.00 Fee ID N- SS33 -1/2 36 inch Main $178.00 / LF x N O.Oi = $0.00 Fee ID N- SS36 -1/2 39 inch Main $212.00 / LF x N 0.01 = $0.00 Fee ID N- SS39 -1/2 42 inch Main $265.00 / LF x N 0.0! = $0.00 Fee ID N- SS42 -1/2 Street Improvements 801- 2601 -PWDO- 3899 $0.00 Pavement. Sidewalks & Medians Souare Footage AC/Bike path: base $2.55 / SF x N 0.01 = $0.00 Fee ID N- STR -ACB ACBike path: pvmt $2.50 / SF x N 0.0', = $0.00 Fee ID NSTR -ACP Sidewalk: new $9.75 / SF x N 0.01 = $0.00 Fee ID N- STRS/W Sidewalk: replace $13.25 / SF x N O.Oi = $0.00 Fee ID N- STRS1WR Resurfacing $2.55 / SF x N 0.01 = $0.00 Fee ID NSTR -RESU Landscaped Median $20.35 / SF x N 0.0: = $0.00 Fee ID N- STR -LANM Handscaped Median $11.63 / SF x N 0.01 $0.00 Fee ID NSTR -HARD Traffic Signals (ecuioment 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 N- STR -TS4L Curb and Gutter Lineal Footage Curb /Gutter: new $25.85 / LF x N _ 0.01 = $0.00 Fee ID N- STR -C/G Curb /Gutter: replace $33.40 / LF x N 0.0 = $0.00 Fee ID NSTR -C/GR Curb Ramps $1,057.63 / LF x N 0.01 = $0.00 Fee ID N- STR -CR COST SCHEDULE Fees Last Revised January 20, Z QdZMDEVIENGINEERINGIDEVELbPMENT PROJECTS \FEESVProjectCost Schedules \Tract 10379 Heartland Gardens 3 -27 -2017 revised Frord Foot Charges Continued Footage s00 = (Used to chgJ Storm Drain N 0.6 = $0.00 Storm Mains - including manholes, catch bssire and ofw pertinences. Developer responsibility is up to and 24• mains. Fee ID N.SD24 -1J2 N: - Half Pi08 $0.00 18 Inch Main $63.00 / tF x 21 [rich Main $69M / IF x 24 inch Main MM / LFx 27 inch Main $82.00 / LF x 30 inch Mein $89.00 / LF x 33 Inch Main $91.00 / LF x 36 Inch Main $96.00 / tFx 42 Inch Main MOO ! LFx 48 Inch Main $117.00 / LF x 64 Inch Main $137.00 I LF x 60 Inch Main $166.00 / LF x 66 Inch Main $179.00 / LF x 72 inch Mein $200.00 / LFx 78 inch Main $216.00 / Wx 84 inch Main $231.00 / I F x 90 inch Main $248.00 / LFx 96 inch Meln $261.OD / LF x e and reimburse tees for wasting Inkastnrcture) 801- 260147WDO.3899 Lineal i N, Footage s00 = $0.00 Fee IDNSDI8 -i/2 N 0.6 = $0.00 Fee ID NSD21 -112 _ $0.00 Fee ID N.SD24 -1J2 N: - OA - $0.00 Fee D NSD27 -1/2 ' N - MO _ $0.00 Fee ID N SD30.112 N-- -- 0J3 = $0.00 Fee ID NSD33 -112 N,. -OA = $0.00 Fee tD NSD36.112 N 0.0 = $0.00 Fee m NS042 -1/2 N . 0.0 _ $0.00 Fee ID N- SO48.1/2 _ . _ ___- 5 . = SOM Fee ID NS054 -1n $0.00 Fee ID NSDBa1/2 N... 00 = $O.OD Fee IDNSD86 -1/2 ,0.0. _ $0.00 Fee ID N-MYrl 112 $0.00 Fee ID NSO78 -1 /2 S0.00 Fee ID NSD84 -1 /2 $0.00 Fee D NSD9D -112 N, 0:0. _ $O.W Fee ID NSD96 -112 NOTE All dsferred and/or estimated fees will be adjusted tD Ore rates in effeol atthe time fees are paid. The undersigned agrees to provide -noel construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. 9 the recelculded foes we less than the estimate, the City of GIroyxal refund tihe difference. Additional plan review required by changes, additions a revist of normal business hours will be billed as spawn In the City of I In effect at the time of Inspection. Accepts Print N SM017 2:27 PM $.00 COST SCHEDULE Fees Lest Revised January 20, MOMDEVIENGINEERINGVDEMbPMENT PROJECTSFEEMP(*dCost Sche&AS%Tract 10379 MwrtWdGardern 3.27.2017 revised OVERS123NG SCHEDULE (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement 6/512017 2:27 PM $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 0.01 = $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 20 Inch Main $151.00 $104.00 x 0.0i _ $0.00. A 24 inch Main $164.00 - $104.00 x 0.01 _ $0.00 ,_ 4-1 30 inch Main $182.00 $104.00 x 0. el = $0.00 !, ; 36 inch Main $211.00 $104.00 x 0.01 = $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 0.6 = $0.00 N 18 inch Main $186.00 $166.00 x 6.61 = $0.00 N 21 inch Main $204.00 - $166.00 x 0.01 = $0.001 N 24 inch Main $211.00 - $166.00 x - -0.0! = $0.00 f N 27 inch Main $244.00 $166.00 x O.OI = $0.00 N 30 inch Main $287.00 - $166.00 x 0.01 = $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 fAnimum 24" main Oversized Full Pipe Moot Full Pipe Moot Oversized.Footage Reimbursement _ 27 inch Main $164.00 - $140.00 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 0.01 = $0.00 N 48 inch Main $233.00 - $140.00 x 0.6 = $0.00 NI 54 inch Main $273.00 - $140.00 x 0.01 = $0.00 , N 60 inch Main $315.00 - $140.00 z 0.01 = $0.00 _ N_; COST SCHEDULE Fees Last Revised January 20, 2QdtMDE VIENGINEERINGIDEVELBPMENT PROJECTsFEES1Project Cost Schedules \Tract 10379 Heartland Gardens 327 -2017 revised 6/5/2017 2:27 PM Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storm 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 0.01 = $0.00 . N ; 72 inch Main $399.00 - $140.00 x 0.01 = $0.00 - NJ 78 inch Main $431.00 - $140.00 x 0.01 = $0.00 N j 84 inch Main $461.00 - $140.00 x 0.0 = $0.00: N 90 inch Main $492.00 - $140.00 x 0.1 = $0.00 N 96 inch Main $522.00 - $140.00 x 0.01 = $0.00 - N . COST SCHEDULE Fees Last Revised January 20, ZAIMMDEVIENGINEERINGIDEVELIDPMENT PROJECTSiFEES\Project Cost Schedules \Tract 10379 Heartland Gardens 3.27 -2017 revised 6/512017 2:28 PM Payment Bond Amount for all improvements Performance Bond Amount for all improvements $2,811,977 $2,811,977 COST SCHEDULE Fees Last Revised January 20, 20QDMDEV\ENGINEERING\DEVELbPMENT PROJECTSTEES\Project Cost Schedules \Tract 10379 Heartland Gardens 3-27 -2017 revised CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 7/1/2016 ENCOMPASS NO: Ell 17060003 Revised: Revision Number. DATE: 0 S-J Jun -17 - - - -- - - -� Revision By: _ r NUMBER: Heartland Gardens (Tract 10398) PROJECT LOCATION: .South of Hwy 152, Easterly of Uvas Creek PARCEL NUMBER: 1810 -20 -015 & 810- 20-007 OWNER/DEVELOPER: 'heritage Homes MAILING ADDRESS: iPhase II TELEPHONE NO: PREPARED BY: Claudia Moran - Garcia Account No. Key Code Fee: Credits: Amount Due: Account Description Paid on Invoice # 100- 2601- 0000 -3625 4904 $2,241.70 $2,241.70] $0.00 Special Public Works Sery 100- 2601 - 0000 -3605 4702 $242,506.07 $242,506.07 I $0.00 Eng Plan Check & Insp 420- 2600 -0000 -3660 4501 $4,495.08 $4,49 - - - - $0.00 Storm Development Fee _ 432 - 2600 - 0000 -3660 3301 $740.05 ;_ _. . $740.U5 ! $0.00 Str Tree Development Fee DEFERED TO 433 -2600- 0000 -3660 4905 $294,219.00 _ -_ __.; BUILDING PERMIT Traffic Impact Fee DEFERED TO 435- 2600 -0000 -3660 4509 $324,540.00 BUILDING PERMIT Sewer Development Fee DEFERED TO 436 - 2600- 0000 -3660 4510 $115,938.00 BUILDING PERMIT Water Development Fee DEFERED TO 440 - 2600 - 0000 -3660 4515 $511,704.00 ` BUILDING PERMIT 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 $0.00 Payment Bond Amount for all improvements Performance Bond Amount for all improvements $2,811,977 $2,811,977 COST SCHEDULE Fees Last Revised January 20, 20QDMDEV\ENGINEERING\DEVELbPMENT PROJECTSTEES\Project Cost Schedules \Tract 10379 Heartland Gardens 3-27 -2017 revised ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: COST SCHEDULE TYPE: DEFER PUBLIC FACILITY FEE ? DEFER SEWER, WATER, TRAFFIC FEES? CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED Ell 17060003 5-Jun-2017 Heartland Gardens (Tract 10398) South of Hwy 152, Easterly of Uvas Creek 810 -20 -015 & 810 -20 -007 Meritage Homes Phase II Claudia Moran -Garcia FINAL ENGINEERING COST ESTIMATE 2 Y 'PLAN CHECK ?' N INCENTIVE AGREEMENT ONLY ? N TO PERMIT?. Y TO FINAL ?, N TO PERMIT? Y ' 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 Site Information: Gross Acres: Lots: Units: Residential -Low ? 7.970' 311 27'. Residential -High ? 0.000; Oi Commercial-Low? 0.0001 0! Commercial -High ? 0.000! 0i Industrial - General ? 0.000, 01 Industrial- Warehouse ? 0.000! 01 Assembly Hall? 0.000; 0 Common Area? 100- 2601 -00003625 Commercial /Industrial Allocations: Reimbursements and credits: Front Footage /Square Footage Charges Street Tree FF: — 1,805.0 Pavement SF: SPECIAL PUBLIC WORKS SERVICES Maps: Final Map Parcel Map $1,755.00 + $2,035.00 + 6/512017 2:26 PM Sq Ft: - -011 0 0! uj 0 Of Re- assessment Map (Assessment District Parcels) $1,710.00 + $630.00 / lot N $0.00 Fee ID N- ASSESM Administration Fees: (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) Olhr Misc Services $185.00 / hr. Y $0.00 Fee ID N -MISC Special Staff 0 h Special Analysis $143.44 / hr. N ! $0.00 ENGINEERING PLAN CHECK & INSPECTION 100- 2601 -0000 -3605 COST ESTIMATE $242,506.07 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 COST SCHEDULE Fees Last Revised January 20, 2QdIDMDEV IENGINEERINGIDEVEL?JPMENT PROJECTS1FEES1Project Cost ScheduleslTract 10379 Heartland Gardens 3-27 -2017 revised 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 Fee ID NO- GRADINS (2 Hour Minimum) Re-inspection Fee O,hr Re- Inspection $125.00 / hr. N ! $0.00 Fee ID NO- GRADINS Sewer GPD: Water GPD: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed: - -- -- - -0.0, -- - -- 0.6 Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF: _ 0.0! - 0.0 — 0.0, _ -- - -0_01 100- 2601 -00003625 $2,241.70 $15.70 / lot Y $2,241.70 Fee ID NO- FINALM $630.00 / lot N , $0.00 Fee ID NO- PARCELM Re- assessment Map (Assessment District Parcels) $1,710.00 + $630.00 / lot N $0.00 Fee ID N- ASSESM Administration Fees: (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) Olhr Misc Services $185.00 / hr. Y $0.00 Fee ID N -MISC Special Staff 0 h Special Analysis $143.44 / hr. N ! $0.00 ENGINEERING PLAN CHECK & INSPECTION 100- 2601 -0000 -3605 COST ESTIMATE $242,506.07 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 COST SCHEDULE Fees Last Revised January 20, 2QdIDMDEV IENGINEERINGIDEVEL?JPMENT PROJECTS1FEES1Project Cost ScheduleslTract 10379 Heartland Gardens 3-27 -2017 revised 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 Fee ID NO- GRADINS (2 Hour Minimum) Re-inspection Fee O,hr Re- Inspection $125.00 / hr. N ! $0.00 Fee ID NO- GRADINS Inspections outside of normal business hours O: 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 IMPACTFEES Storm Drain Impact Fee a.Residential -Low b.Residential -High c.Commercial d.lndustrial e.Assembly Hall Street Tree Fee a.City Planting and Replacement $3.06 / f.f. x b.lnspection and Replacement $0.41 / f.f. x Traffic Impact Fee a.Residential -.ow b.Residential -High c.Commerciai -Low Traffic (< 10.75 trips /1000 sf) d.Commercial -High Traffic (— 10.75 trips /1000 sf) e.lndustrial- General f.lndustdal- Warehouse $160.00 / hr. after 3hrs N $0.00 COST ACTUAL ESTIMATE COST $2,811,9771 $0 $100,000`Y $12,600.00 , Y_! $0.00 $200,000 Y $10,500.00 r_Y_I $0.00 $200,000 Y $219,406.07 Y $0.00 $2,811,977 $2,811,977 420 - 2600 -0000 -3660 $564.00 / . acre Y I $4.495.08 $886.00 / acre Y $0.00 $1,528.00 / acre Y $0.00 $1,128.00 / acre rY'`, $0.00 $564.00 / acre Y 1 $0.00 432 - 2600 -0000 -3660 N 0.0 = $0.00 Y I 1,805.0 = $740.05 433 - 2600 -0000 -3660 $10,897.00 / unit Y $294,219.00 $8,834.00 / unit Y $0.00 $12,057.00 / k.s.f. `Y ; $0.00 $24,356.00 / k.s.f. Y $0.00 $4,778.00 / k.s.f. Y-1 L $0.00 $3,463.00 / k.s.f. Y $0.00 6152017 2:28 PM Fee ID NO- GRADINS DIFFERENCE ($242,506.07) Fee ID NO- PCKINSP Fee ID NO -SD-LD Fee ID NO-SD-HD Fee ID N0SD -C Fee ID NOSD -I Fee ID NDSD-AH $4,495.08 $740.05 Fee ID NO- TREEPLT Fee ID NO- TREEINS DEFERED TO BUILDING PERMIT 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 SCHEDULE Fees Last Revised January 20, I.1d®MI)MENGINEERINGIDEVELbPMENT PROJECTSIFEMProject Cost Schedules%Tract 10379 Heartland Gardens 3-27 -2017 revised 6/5/2017 2:28 PM Sewer Impact Fee 435- 2600 -0000 -3660 DEFERED TO BUILDING PERMIT a.Residential -Low $12,020.00 / unit Y ; $324,540.00 Fee ID N1SS4LD b.Residential-High $6,504.00 / unit Y $0.00 Fee ID N2-SS-HD c.Commercial /Industrial $3,804.00 / cgpd Y-1 $0.00 Fee ID N5SS -GI Water Impact Fee 436 - 2600 -0000-3660 DEFERED TO BUILDING.PERMIT a.Residential -Low $4,294.00 / unit Y i $115,938.00 Fee ID N1- WATR -LD b.Residential -High $1,737.00 / unit ^Y ! $0.00 Fee ID N2- WATR -HD c.CommercieUlndustrial $6,731.00 / kgpd Y_; $0.00 Fee ID N5- WTR -C1I Fee ID N- WR08 -1/2 Public Facilities Impact Fee Main 440- 2600 -0000 -3660. / LF x DEFERED TO BUILDING PERMIT a.Residential -Low $18,952.00 / unit :Y $511,704.00 Fee ID N1 -PF -LD $52.00 b.Residential -High $15,945.00 / unit `Y $0.00 Fee ID N2 -PF -HD c.Commercial $2,856.00 / k.s.f. Y ^; $0.00 Fee ID N3 -PF -C d.lndustrial $1,264.00 / k.sJ. Y i $0.00 Fee ID 1,14 -PF -I Water User Fee (Construction) / LF x 720-0433 - 0000-3620 0.0; = _Y ! $0.00 Fee ID N- WR16 -1/2 $3.00 / f.f. $0.00 Fee ID NO- CONWTFF N O.Oi = plus Fee ID N- WR18 -1/2 20 inch Main $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 developer's minimum responsibility for each main. Water 801- 2601 -PWDO -3899 Water Mains - including fire hydrants, valves, valve boxes and other pertinences. Developer responsibility is up to and including 12" mains Half Pipe Lineal Footace 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 O.OS = $0.00 Fee ID N- WR10 -1/2 12 inch Main $52.00 / LF x N O.Oi = $0.00 Fee ID N- WR12 -1/2 14 inch Main $57.00 / LF x N 0.0'i = $0.00 Fee ID N- WR14 -1/2 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 O.Oi = $0.00 Fee ID N- WR18 -1/2 20 inch Main $76.00 / LF x N O.Oi = $0.00 Fee ID N- WR18 -1 /2 24 inch Main $82.00 / LF x N 6.0' = $0.00 Fee ID N- WR24 -1/2 30 inch Main $91.00 / LF x N 6.0 = $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 $0.00 COST SCHEDULE Fees Last Revised January 20, 2QdZMDEV \ENGINEERING\DEVEL4tPMENT PROJECTS\FEES\Pmject Cost Schedules \Tract 10379 Heartland Gardens 3 -27 -2017 revised Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Sewer 801 - 2601 -PWDO -3899 Sewer Mains - including manhole and other pertinences. responsibility is up to and including 12" mains. N Half Pipe $0.00 6 inch Main $73.00 / LF x 8 inch Main $75.00 / LF x 10 inch Main $81.00 / LF x 12 inch Main $83.00 / LF x 15 inch Main $87.00 / LF x 18 inch Main $93.00 / LF x 21 inch Main $102.00 / LF x 24 inch Main $106.00 / LF x 27 inch Main $122.00 / LF x 30 inch Main $144.00 / LF x 33 inch Main $158.00 / LF x 36 inch Main $178.00 / LF x 39 inch Main $212.00 / LF x 42 inch Main $265.00 / LF x Street Improvements Square Footage Pavement. Sidewalks & Medians 0.6 = $0.00 ACBike path: base $2.55 / SF x AC/Bike path: pvmt $2.50 / SF x Sidewalk: new $9.75 / SF x Sidewalk: replace $13.25 / SF x Resurfacing $2.55 / SF x Landscaped Median $20.35 / SF x Hardscaped Median $11.63 / SF x Traffic Signals (eouioment only 0 %; _ $0.00 Traffic Signals leg $130,200.00 / LS x Traffic Signal -4 leg $158,500.00 / LS x Curb and Gutter 0.0. _ $0.00 Curb /Gutter: new $25.85 / LF x Curb /Gutter: replace $33.40 / LF x Curb Ramps $1,057.63 / LF x 615/2017 2:28 PM $0.00 Developer Fee ID N- SS06 -1/2 Fee ID NSS08 -1/2 Fee ID N- SS10 -12 Fee ID N- SS12 -1/2 Fee ID N- SS15 -12 Fee ID N- SS18 -1/2 Fee ID NSS21 -1/2 Fee ID N- SS24 -1/2 Fee ID N- SS27 -1/2 Fee ID NSS30 -12 Fee ID N- SS33 -1/2 Fee ID N- SS36 -12 Fee ID NSS39 -1/2 Fee ID N- SS42 -12 Fee ID N- STR -ACB Fee ID N- STR -ACP Fee ID NSTRS/W Fee ID N- STRSIWR Fee ID NSTR -RESU Fee ID N- STR -LANM Fee ID N -STR -HARD Fee ID N- STR -TS3L Fee ID NSTR -TS4L Fee ID N- STR -C/G Fee ID N- STR -C/GR Fee ID NSTR -CR $0.00 COST SCHEDULE Fees Last Revised January 20, 20th bMDEVIENGINEERINGIDEVEIS)PMENT PRDJECTSIFEES7roject Cast ScheduleslTract 10379 Heartland Gardens 3-27 -2017 revised _ Lineal Footage N 0.0! _ $0.00 N 0.0. = $0.00 N 0.0' _ $0.00 N 0.0! _ $0.00 _ $0.00 N 0.0' _ $0.00 N 0.0; _ $0.00 N O.O; = $0.00 N 0.01 _ $0.00 -N - - 0.0: _ $0.00 N - - 0.0, _ $0.00 N 0.0; _ $0.00 N 0.0; _ $0.00 N 0.0! _ $0.00 801 - 2601 -PWDO -3899 Square Footage N 0.6 = $0.00 _ $0.00 N 0.0; _ $0.00 N 0.01 = $0.00 N - - - -O.Oi = $0.00 N 0.0 = $0.00 N 0. 0, _ $0.00 _ % of Lumo Sum N 0 %; _ $0.00 _ $0.00 Lineal Footage N 0.0. _ $0.00 N 0.0� _ $0.00 _ $0.00 615/2017 2:28 PM $0.00 Developer Fee ID N- SS06 -1/2 Fee ID NSS08 -1/2 Fee ID N- SS10 -12 Fee ID N- SS12 -1/2 Fee ID N- SS15 -12 Fee ID N- SS18 -1/2 Fee ID NSS21 -1/2 Fee ID N- SS24 -1/2 Fee ID N- SS27 -1/2 Fee ID NSS30 -12 Fee ID N- SS33 -1/2 Fee ID N- SS36 -12 Fee ID NSS39 -1/2 Fee ID N- SS42 -12 Fee ID N- STR -ACB Fee ID N- STR -ACP Fee ID NSTRS/W Fee ID N- STRSIWR Fee ID NSTR -RESU Fee ID N- STR -LANM Fee ID N -STR -HARD Fee ID N- STR -TS3L Fee ID NSTR -TS4L Fee ID N- STR -C/G Fee ID N- STR -C/GR Fee ID NSTR -CR $0.00 COST SCHEDULE Fees Last Revised January 20, 20th bMDEVIENGINEERINGIDEVEIS)PMENT PRDJECTSIFEES7roject Cast ScheduleslTract 10379 Heartland Gardens 3-27 -2017 revised Front Foot Charges Continued (Used to charge and reimbutse fees for existing Infresbudure) Storm Drain 8014601- PNfD03899 Storm Mairs - Including manholes, catch basins and other pertinences. Developer responsibility Is up to and Including 24' males. Heil Pipe Une_al Footage 18 Inch Main $63.00 / LF x N 0 0 = $0.00 Fee ID N-SD18 -112 21 huh Main $69.00 1 LF x N O:Q. _ $0.00 Fee ID NSD21 -1/2 24 inch Main $70.00 ! LF x 0:D $0.00 Fee ID NSD241/2 27 htth Main $6200 / LF x tJ _. 0:0 = $0.00 Fee ID NSD27 -1/2 30 Inch Main $69.00 / LF x N 0.0: _ $0.00 Fee ID NSO30 -1/2 33 Inch Main $91.00 / LF x N!, _ _ 1111 0.0 = $0.00 Fee ID N- SD33 -1/2 36 Inch Main $95.00 / lF x $0.00- Fee ID NSD38 1l2 42 Inch Main $99.00 / LF x N .. 0:0 = $0100 Fee ID N- SD42 -1/2 48 inch Main $117.00 / LF x N 0.0 = $0.00 Fee ID NSO48 -112 54 Inds Main $137.00 / LF x + N'. O:d - $0.00- Fee ID NSD54 -M 60 Inch Main $158.00 1 LF x N. U:0 = $0.00 Fee ID NSD60.1/2 66 Inch Main $179.00 / LF x N 0.0 = $0.00 Fee ID NSDOO -112 72 inch Main x'200.00 / LF x N . _ b:o = moo Fee ID N- 151)724t2 78 Inch Main $216.00 / LF x N 0.0 = 80.00 Fee ID NS075 -1/2 84 Inch Main $231.00 / LF x N . OA - $0.00 Fee ID NSD84 -U2 90 Inch Main $246.00 I LF x N _. OA - $0.00 Fee ID NS=0-11/2 96 Inch Main $261.00 / LF x N Q.0 _ $0.00 Fee ID NSD96 1/2 NOTE: Ad[ deferred and/or estimated fees will be adjusted to the rates in etfed at the Wne fees are paid. The undersigned agrees to provide actual construction costs for recclarladon of teas and pay any underestimated fees prior to Mal acceptance. If tite recatadeted fees are less than ire estimate, the City of Way will refund the difference. Additional plan review required by changes, additions or revisions to approved plans, relrepeatlons and Inspections outside of normal business hours will be Wiled as shown in the City c in effect at the time of Inspection. Print 61=17 218 PM $0.00 Date: COST SCHEDULE Fees Last Revised January 20, Wdt3MDEVIENGiNEERING0EVEIibPM ENT PRQIECTWEE55Prolect Coat 3cheduks{Tract 10379 HeaftW Gavvis s 3-77 -2017 revised 61512017 2:28 PM OVERSI2ING 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 0.01 _ $0.00!_N 16 inch Main $124.00 - $104.00 x 0.0! _ $0.00 18 inch Main $135.00 - $104.00 x 0.01 _ $0,00 ._ N 20 inch Main $151.00 - $104.00 x 0:0i = $0.001 N j 24 inch Main $164.00 - $104.00 x I 0:01 = $0.00 ! N 30 inch Main $182.00 - $104.00 x 0.0 = $0.00, N_ 36 inch Main $211.00 - $104.00 x 00 = $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 0.01 = $0.00, N 18 inch Main $186.00 - $166.00 x 0.01 = $0.00 N I 21 inch Main $204.00 - $166.00 x ! _ 6.1 = $0.00 N 24 inch Main $211.00 - $166.00 x 0.01 = $0.00. N ; 27 inch Main $244.00 - $166.00 x 0.01 = .$0.00. N 30 inch Main $287.00 - $166.00 x i $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_i 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 $1foot Oversized Footage Reimbursement 27 inch Main $164.00 - $140.00 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 0.01 $0.00 _ N_ j 36 inch Main $189.00 - $140.00 x 0.01 $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 0.01 = $0.00 N 60 inch Main $315.00 - $140.00 x 0.0 = $0.00. N COST SCHEDULE Fees Last Revised January 20, 20Q®MDEV\ENGINEERINGOEVEL7)PMENT PROJECTS \FEES\Project Cast Schedules \Tract 10379 Heartland Gardens 3-27 -2017 revised 615/2017 2:28 PM Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storm 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 0.01 = $0.00 !_ N 72 inch Main $399.00 - $140.00 x = $0.00 78 inch Main $431.00 - $140.00 x r 0.0, = $0.00 N_J 84 inch Main $461.00 - $140.00 x 0.6, = $0.00-'-,N--j 90 inch Main $492.00 - $140.00 x 0.0?. = $0.00 ._ N 1 96 inch Main $522.00 - $140.00 x 0.01 = $0.00 N COST SCHEDULE Fees Last Revised January 20, 20Q ®MDEV{ENGINEERINGIDEVEtFDPMENT PROJECTSTEESTroject Cost Schedules\Tract 10379 Heartland Gardens 3- 27.2017 revised 615/2017 228 PM COST SCHEDULE Fees Last Revised January 20, ZOdOMDE\(\ENGINEERING \DEVELbPMENT PROJECTSTEESIProject Cost Schedules \Tract 10379 HeaNand Gardens 3-27 -2017 revised CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 71112016 ENCOMPASS NO: E1 17060004 Revised: Revision Number. DATE: 05 -Jurn17 Revision By: NUMBER: Heartland Gardens (Tract 10399) i PROJECT LOCATION: South of Hwy 152, Easterly of Uvas Creek PARCEL NUMBER: 181040 -015 M040 407 OWNER/DEVELOPER: Meritage Homes MAILING ADDRESS: Phase 111 TELEPHONE NO: PREPARED BY: Claudia Moran- Garcia Account No. Key Code Fee: Credits: Amount Due: Account Description Paid on Invoice # 100 -2601- 0000 -3625 4904 $1,896.30 r -- - ! _ $1,896.30 - $0.00 Special Public Works Seiv 100 - 2601 -0000 -3605 4702 $27,102.68 _$27,102.68 $0.00 Eng Plan Check & Insp 420 - 2600 -0000-0660 4501 $1,466.40 _ _- $1,4NA-0- $0.00 Storm Development Fee__ — 432 - 2600 - 0000 -3660 3301 $125.87 $_1.25_.8.7: $0.00 Str Tree Development Fee DEFERED TO 433 -2600- 0000 -3660 4905 $54,485.00 _ BUILDING PERMIT Traffic Impact Fee _ DEFERED TO 435 - 2600 -0000 -3660 4509 $60,100.00 _ BUILDING PERMIT Sewer Development Fee` _ DEFERED TO 436 -2600- 0000 -3660 4510 $21,470.00 _ BUILDING PERMIT Water Development Fee DEFERED TO 440 -2600- 0000 -3660 4515 $94,760.00 _ BUILDING PERMIT 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 $0.00 Payment Bond Amount for all improvements $247,651 Performance Bond Amount for all improvements $247,651 COST SCHEDULE Fees Last Revised January 20, ZOdOMDE\(\ENGINEERING \DEVELbPMENT PROJECTSTEESIProject Cost Schedules \Tract 10379 HeaNand Gardens 3-27 -2017 revised 6/5/2017 228 PM ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 -00003605 COST ESTIMATE $27,102.68 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 COST SCHEDULE Fees Last Revised January 20, SQRfJMDEVIENGINEERINGIDEVEIaPMENT PROJECTSIFEESIProject Cost ScheduleslTract 10379 Heartland Gardens 3.27 -2017 revised Additional Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to Approved Plans Oihr Additional Plan Review $143.44 / hr. N $0.00 Fee ID NO- GRADINS (2 Hour Minimum) Re-Inspection Fee Cl hr Re- Inspection $125.00 I hr. N $0.00 Fee ID NO- GRADINS CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO: E1 17060004 DATE: 5-Jun-2017 NUMBER: Heartland Gardens (Tract 10399) PROJECT LOCATION: South of Hwy 152, Easterly of Uvas Creek PARCEL NUMBER: 810 -20 -015 & 810.20 -007 OWNERIDEVELOPER: Meritage Homes MAILING ADDRESS: Phase 111 TELEPHONE NO: PREPARED BY: Claudia Moran - Garcia FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE ?'- Y-1 PLAN CHECK ? N INCENTIVE AGREEMENT ONLY ? N I (DEFER PUBLIC FACILITY FEE ? TO PERMIT?, Y TO FINAL? N DEFER SEWER, WATER, TRAFFIC FEES? TO PERMIT? YY , 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. Site Information: Gross Acres: Lots: Units: Sq Ft: Residential -Low ? 2.600' 9! 5i Residential-High ? . 0.000 Oi Commercial -Low? 0.000 Oi 0( Commercial -High ? 0.000; 0' 01 Industrial - General ? 0.000; 0: Oi Industrial- Warehouse ? 0.000; 01 0 Assembly Hall? 0.000; 0J 0 Common Area? 0.000; 01 Commercial /Industrial Allocations: Sewer GPD: WaterGPD: - - - - -- Oi - -.—. 0i Reimbursements and credits: Front Footage/Square Footage Charges Street Tree FF: Water FF: _ S_ewe_r FF: _ Storm FF: Const Water Acres to be Developed: - _307:0: - 00; -- 0.0 - - - -- -0_0, _ _ 0.000, Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF: SPECIAL PUBLIC WORKS SERVICES 100 - 2601 -0000 -3625 $1,896.30 Maps: Final Map $1,755.00 + $15.70 / lot Y $1,896.30 Fee ID NO- FINALM Parcel Map $2,035.00 + $630.00 / lot N '' $0.00 Fee ID NO- PARCELM Reassessment Map (Assessment District Parcels) $1,710.00 + $630.00 / lot N $0.00 Fee ID N- ASSESM Administration Fees: (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) O'Ihr Misc Services $185.00 / hr. Y . $0.00 Fee ID N -MISC. Special Staff Analysis _ Of hr Special Analysis $143.44 / hr. N $0.00 ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 -00003605 COST ESTIMATE $27,102.68 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 COST SCHEDULE Fees Last Revised January 20, SQRfJMDEVIENGINEERINGIDEVEIaPMENT PROJECTSIFEESIProject Cost ScheduleslTract 10379 Heartland Gardens 3.27 -2017 revised Additional Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to Approved Plans Oihr Additional Plan Review $143.44 / hr. N $0.00 Fee ID NO- GRADINS (2 Hour Minimum) Re-Inspection Fee Cl hr Re- Inspection $125.00 I hr. N $0.00 Fee ID NO- GRADINS Inspections outside of normal business hours O.hrInspection $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 / 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.lndustrial- Warehouse $160.00 / hr. after 3hrs N $0.00 COST ACTUAL ESTIMATE COST $247,651 $100,000 Y ' $12,600.00 Y $0.00 $200,000, Y $10,500.00 !_ Y { $0.00 $200,000 Y-! $4,002.687Y Y 1 $0.00 $247,651 $247,651 420 - 2600 -00003660 $564.00 / acre Y $1,466.40 $886.00 / acre + Y i $0.00 $1,528.00 / acre Y $0.00 $1,128.00 / acre Y'i $0.00 $564.00 / acre Y '' $0.00 432 - 2600 -0000 -3660 N 0.0 = $0.00 Y 307.0 = $125.87 433 - 2600 -00003660 $10,897.00 / unit Y-1 $54,485.00 $8,834.00 / unit Y $0.00 $12,057.00 / k.s.f. Y ! $0.00 $24,356.00 / k.s.f. Y ' $0.00 $4,778.00 / k.s.f. Y $0.00 $3,463.00 / k.s.f. Y $0.00 6/5/2017 2:28 PM Fee ID NO- GRADINS DIFFERENCE ($27,102.6$) Fee ID NO- PCKINSP ' $1,466.40 Fee ID NOSD-LD Fee ID NO-SD-HO Fee ID NOSD -C Fee ID NOSD -I Fee ID NOSD-AH $125.87 Fee ID NO- TREEPLT Fee ID NO- TREEINS DEFERED TO BUILDING PERMIT 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 SCHEDULE Fees Last Revised January 20, i Mdl bMDEV\ENGINEERING\DEVELbPMENT PROJECTS \FEES\Pmject Cost Schedules \Tract 10379 Heartland Gardens 3.27 -2017 revised 6/5!2017 2:28 PM Sewer Impact Fee 435- 2600 -0000 -3660 DEFERED TO BUILDING PERMIT a.Residential -Low $12,020.00 / unit Y _: $60,100.00 Fee ID N1SS-LD b.Residential -High $6,504.00 ! unit Y $0.00 Fee ID N2-SS-HD c.Commenial /Industrial $3,804.00 / cgpd Y $0.00 Fee ID N5-SS-GI Water Impact Fee 436- 2600 -06003660 Lineal Footage DEFERED TO BUILDING PERMIT a.Residential -Low $4,294.00 / unit Y ! $21,470.00 Fee ID N1- WATR -LD b.Residential -High $1,737.00 / unit _ Y_ $0.00 Fee ID N2- WATR -HD Main c.Commercial /Industrial $6,731.00 / kgpd Y $0.00 Fee ID N5- WTR -C/I Fee ID N- WR08 -1/2 Public Facilities Impact Fee Main 440- 2600 -000036.60_ / LF x DEFERED TO BUILDING PERMIT a.Residential -Low $18,952.00 ! unit Y $94,760.00 Fee 10 N1 -PF -LD b.Residential -High $15,945..00 / unit Y $0.00 Fee ID N2 -PF-HD Fee ID N- WR12 -1/2 c.Commercial $2,856.00 / k.s.f. Y 1 $0.00 Fee ID N3 -PF -C d.lndustrial $1,264.00 / k.s.f. Y $0.00 Fee ID N4 -PF -I $62.00 Water User Fee (Construction) N 720-0433-00003620 $0.00 Y $0.00 18 inch $3.00 / f.f. $0.00 Fee ID NO- CONWTFF 0.0 = $0.00 plus 20 inch Main $76.00 $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 developer's minimum responsibility for each main. Water 801- 2601- PWD03899 $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 O.Oi = $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 0.4 = $0.00 Fee ID N- WR14 -1/2 16 inch Main $62.00 / LF x N 0.01 = $0.00 Fee ID N- WR16 -112 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 0.01 = $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 A:0 = $0.00 Fee ID N- WR36 -1/2 COST SCHEDULE Fees Last Revised January 20, 20LL®MDEVVENGINEERINGVDEVEL'bPMENT PROJECTSTEESVProject Cost SchedulesVTrect 10379 Heartland Gardens 327.2017 revised 6/5/2017 228 PM Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Sewer 801 - 2601- PWDO-3899 $0.00 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 0.0i = $0.00 Fee ID NSS06 -1/2 8 inch Main $75.00. / LF x N - 0.01 = $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 'L -k _ 0.6 = $0.00 Fee ID NSS15 -1/2 18 inch Main $93.00 / LF x N 0.O1 = $0.00 Fee ID NSS18 -1/2 21 inch Main $102.00 / LF x N 0.01 = $0.00 Fee ID N- SS21 -1/2. 24 inch Main $106.00 / LF x N OA = $0.00 Fee ID NSS24 -1/2 27 inch Main $122.00 / LF x N O.O = $0.00 Fee ID NSS27 -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 OAi = $0.00 Fee ID NSS33 -1/2 36 inch Main $178.00 / LF x N O.Oi = $0.00 Fee ID NSS36 -1/2 39 inch Main $212.00 / LF x N O:Os = $0.00 Fee ID N- SS39 -1/2 42 inch Main $265.00 / LF x N 0.0 _ $0.00 Fee ID NSS42 -1/2 _ __j Street Improvements 801- 2601 -PWDO -3899 $0.00 Pavement. Sidewalks & Medians Souare Footage AC /Bike path: base $2.55 / SF x N _ 0.0! $0.00 Fee ID N- STR -ACB ACBike path: pvmt $2.50 / SF x N_ 00 = $0.00 Fee ID N- STR -ACP Sidewalk: new $9.75 / SF x N 0.0! = $0.00 Fee ID NSTRS/W Sidewalk: replace $13.25 / SF x N 0.0' = $0.00 Fee ID N- STRS/WR Resurfacing $2.55 / SF x N O.Oi = $0.00 Fee ID N- STR -RESU Landscaped Median $20.35 / SF x N 66 = $0.00 Fee ID NSTR -LANM Hardscaped Median $11.63 / SF x N 0.0! = $0.00 Fee ID NSTR -HARD Traffic Signals (eouipment only % of Lump Sum Traffic Signal -3 leg $130,200.00 / LS x N 0%' = $0.00 Fee ID NSTR -TS3L G Traffic Signal -4 leg $158,500.00 / LS x N 0 %7 = $0.00 Fee ID NSTR -TS4L Curb and Gutter Lineal Footege Curb /Gutter. new $25.85 / LF x N 0.0; = $0.00 Fee ID N- STR -C/G Curb /Gutter: replace $33.40 / LF x N O:O = $0.00 Fee ID NSTR -C/GR Curb Ramps $1,057.63 ! LF x N 0.0 = $0.00 Fee ID NSTR -CR COST SCHEDULE Fees Last Revised January 20, $QQBMDEVIENGINEERINGMEVEMPMENT PROJECT&FEES1Project Cost ScheduleMTract 10379 Heartland Gardens 3.27 -2017 revised Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Storm Drain 801- MI-FANDOr9899 Storm Mains - including manholes, catch ba ft and other pertinences. Developer responsiblity Is up to and Including 241 malre. Half Pipe Lineal Footege 18 Inds Mein $83.00 / LF x N - 0 0' _ $0.00 Fee ID N-SD18 -112 21 Inch Main $69.00 / LF x N - C 0: _ $0.00 Fee ID NSD21 -12 24 inch Main $70.00 1 LF x N _O D, _ woo Fee ID NSD24 -12 27 inch Main $82.00 1 If x N _ 0 0 = $0.00 _ Fee ID NSD27 -12 30 inch Main $89.00 1 LF x N _ 0:1)` _ $0.00 Fee ID N- SD30-12 33 inch Main $91.00 1 LF x Fl 0.0. _ $0.00 Fee ID N- SO33 -12 36 inch Main $95.00 I LF x N 0:0 = $0.00 Fee ID NSD36.12 42 inch Main $99.00 1 LF x PI _ r . -. ,O.p = $0.00 Fee ID N- SD42 -12 48 inch Main $117.00 1 LF x N D.0 = $0.00 Fee ID NSO48 -12 54 inch Main $137.00 1 LF x N .. 0:0 _ $0.00 Fee 10 N- S054 -12 60 Inch Main $158.00 1 LF x N __. 0 A = - . $0.00 Fee ID NSD60 -12 66 inch Main $179.00 1 IF x N . _ 0.0: _ $0.00 Fee ID N$OB8 -12 72 Inch Main $200.00 1 LF x N 0.0 $0.00 Fee ID NSD72 -12 78 Mch Main $216.00 / LF x i+, 0 0 = $0.00 Fee ID NSO78 -12 84 Inch Main $231.00 1 LF x N_^ - 4 y0.0 ° $0.00 Fee ID NSD84-12 90 inch Main $248.00 1 LF x Iii .. _ 0:0 = $0.00 Fee 10 NSDW -12 96 Inch Main $261.00 1 LF x N . 17:0 = $040 Fee 1D N- S096 -12 NOTE: AB deferred andtor estimated fees wig be adjusted to the rates In affect at the time fees ere paid. The undersigned agrees to provide actual construdlon costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the qty of GNgr will refund the difference. Additional plan review required by changes, wW1fion3 or revisions to approved plans, retrnpadions and inspections outside of normal business hares will be billed as shown In the qty o In effect at the time of inspection. Print 6152017 226 PM $0.00 COST SCHEDULE Fees Last Revised January 20, $f1UMDEAENGINEERINWEVE&PMENT PROJECTSWEES1PMIW Cost SdhedLOWTract 10379 Headl&W Gardens 3.712017 revised 6/512017 2:28 PM OVERS123NG 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 0.0i = $0.00 N 16 inch Main $124.00 - $104.00 x 0. 01 = $0.00 - N_! 18 inch Main $135.00 - $104.00 x ; 0.01 = $0.00 N J 20 inch Main $151.00 - $104.00 x 0.0! = $0.00 N_j 24 inch Main $164.00 - $104.00 x 0.0; = $0.00: N 1 30 inch Main $182.00 - $104.00 x 0.01 = $0.00 N I 36 inch Main $211.00 - $104.00 x 0.01 = $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 = $0.60 N 18 inch Main $186.00 - $166.00 x 0101 = $0.00 _N f 21 inch Main $204.00 - $166.00 x ' 0.0 = $0.00. N 24 inch Main $211.00 - $166.00 x '~ 0.01 = $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 xI. 0.01 = $0.00 N 36 inch Main $356.00 - $166.00 x 0.0! _ $0.00 N- 39 inch Main $423.00 - $166.00 x 0.01 = $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 $Hoot Oversized Footage Reimbursement 27 inch Main $164.00 - $140.00 x 0.0! = $0.00 _ N 30 inch Main $177.00 - - $140.00 x O.Oi = $0.001 N 33 inch Main $182.00 - $140.00 x 0.0; = $0.00 ^ N 36 inch Main $189.00 - $140.00 x 0.Oi = $0.00: N 42 inch Main $197.00 - $140.00 x 0.01 = $0.00 N 48 inch Main $233.00 - $140.00 x 0.01 _ $0.00 ', N , 54 inch Main $273.00 - $140.00 x 0.01 = $0.00. N ! 60 inch Main $315.00 - $140.00 x 0.0. _ $0.00 N COST SCHEDULE Fees Last Revised January 20, BO (IOMDEV\ENGINEERING\DEvELDPMENT PROJECTS\FEEMPreject Cost Schedules \Tract 10379 Headland Gardens 3.27 -2017 revised 6/&2017 2:28 PM Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storm 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 0.01 = $0.00 N 72 inch Main $399.00 - $140.00 x 0.01 = $0.00 N 78 inch Main $431.00 - $140.00 x 0 0 = $0.00 N j 84 inch Main $461.00 - $140.00 x 0.01 = $0.00: N 90 inch Main $492.00 - $140.00 x 0.0; = $0.00 N 96 inch Main $522.00 - $140.00 x 6.6 _ $0.00 ! COST SCHEDULE Fees Last Revised January 20, 20 *OMDEV\ENGINEERING\DEVEtra)PMENT PROJECTSWEES\Project Cost Schedules \Tract 10379 Heartland Gardens 3-27 -2017 revised EXHIBIT "D" INSURANCE REQUIREMENTS FOR MERITAGE HOMES AND CONTRACTOR(S) Please refer to the following insurance coverage and provisions: Without limiting the City of Gilroy's (City) indemnification of, or liability to the Santa Clara Valley Water District (District), the City must ensure Meritage Homes and its contractor(s) ( Meritage Homes and its contractor(s) are collectively referred to hereafter as the "Insured Parties ") assigned to the Project maintain during the term of this Agreement, or as may be further required herein, the following insurance coverage(s) and provisions: Insured Parties must provide its insurance broker(s) /agent(s) with a copy of these requirements and warrants that these requirements have been reviewed by Insured Parties' insurance agent(s) and /or broker(s), who have been instructed by Insured Parties to procure the insurance coverage required herein. In addition to certificates, Insured Parties must furnish District with copies of original endorsements affecting coverage required by this Appendix. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by District before the contract commences. In the event of a claim or dispute, District has the right to require Insured Parties' insurer to provide complete, certified copies of all required pertinent insurance policies, including endorsements affecting the coverage required by this Appendix. Insured Parties must, at its sole cost and expense, procure and maintain during the entire period of this Agreement the following insurance coverage(s). Required Coverages 1. Commercial General /Business Liability Insurance with coverage as indicated: $10,000,000 per occurrence / $10,000,000 aggregate limits for bodily injury and property damage $10,000,000 Products /Completed Operations aggregate (to be maintained for at least three (3) years following acceptance of the work by District. General Liability insurance must include: a. Coverage at least as broad as found in standard ISO form CG 00 01. b. Premises and Operations. c. Contractual Liability expressly including liability assumed under this AGREEMENT. d. If Insured Parties will be working within fifty (50) feet of a railroad or light rail operation, any exclusion as to performance of operations within the vicinity of any railroad bridge, trestle, track, roadbed, tunnel, overpass, underpass, or crossway must be deleted, or a railroad protective policy in the above amounts provided. e. Owners and Contractors' Protective liability. f. Severability of Interest. g. Explosion, Collapse and Underground Hazards, (X, C, and U). h. Broad Form Property Damage liability. i. If the standard ISO Form wording for "OTHER INSURANCE," or other comparable wording, is, not contained in Insured Parties' liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self- insurance maintained by City and District, their respective elected and appointed officers, directors, board and council members, employees, volunteers and agents will be in excess of Consultant's insurance and will not contribute to it. 2. .Business Auto Liability Insurance with coverage as indicated: $2,000,000 combined single limit for bodily injury and property damage per occurrence, covering all owned, non -owned and hired vehicles. 3. Professional /Errors and Omissions Liability with coverage as indicated: $5,000,000 per claim/ $5,000,000 aggregate. Professional /Errors and Omission Liability appropriate to the Consultant's profession, and must include: a. If coverage contains a deductible, or self- insured retention, it shall not be greater than one hundred thousand dollars ($100,000) per occurrence /event. b. Coverage shall include contractual liability. c. If coverage is claims -made: i. Certificate of Insurance shall clearly state that the coverage is claims -made. ii. Policy retroactive date must coincide with or precede the Consultant's start of work (including subsequent policies purchased as renewals or replacements). iii. Policy must allow for reporting of circumstances or incidents that might give rise to future claims. iv. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. 4. Workers' Compensation and Employer's Liability Insurance Statutory California Workers' Compensation coverage covering all work to be performed for the City and District. Employer Liability coverage for not less than $1,000,000 per occurrence. 5. Surety Bonds Insured Parties shall provide the following Surety Bonds: a. A Bid Bond. b. A Performance Bond. c. A Payment Bond., General Requirements With respect to all coverages noted above, the following additional requirements apply: Additional Insured Endorsement(s) Insured Parties must provide an additional insured endorsement for Commercial General /Business Liability and Business Automobile liability coverage naming the District District, its Directors,, officers, employees, volunteers and agents, individually and collectively, as additional insureds, and must provide coverage for acts, omissions, etc. arising out of the named insureds' activities and work. Other public entities may also be added to the additional insured endorsement as applicable and the Insured Parties will be notified of such requirement(s) by the District. (NOTE: Additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10, CG 2033, CG 2037. Note: Editions dated 07/04 are not acceptable.) 2. Primacy Clause: Insured Parties' insurance must be primary with respect to any other insurance which may be carried by the District, its officer, employees, volunteers and agents, and the District's coverage must not be called upon to contribute or share in the loss. 3. Cancellation Clause Endorsement: Insured Parties must provide a cancellation endorsement stating that the insurer agrees to provide thirty (30) days' notice of cancellation (ten (10) days' notice for non - payment of premium). NOTE: Adding wording to the standard wording in the ISO Certificate of Insurance is not acceptable. 4. Acceptability of Insurers: All coverages must be issued by companies admitted to conduct business in the State of Califomia, which hold a current policy holder's alphabetic and financial, size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the District's Risk Management Administrator. 5. Self- Insured Retentions or Deductibles- Any deductibles or self- insured retentions must be declared to and approved by the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the District, its officers, directors, employees, agents and volunteers; or the Insured Parties shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 6. Subcontractors: Should any of the work under this Agreement be sublet, the Insured Parties must require each of its subcontractors of any tier to carry the aforementioned coverages, or Insured Parties may insure subcontractors under its own policies. 7. Amount of Liability not Limited to Amount of Insurance: The insurance procured by Insured Parties for the benefit of the District must not be deemed to release or limit any liability of Insured Parties. Damages recoverable by the District for any liability of Insured Parties must, in any event, not be limited by the amount of the required insurance coverage. 8. Coverage to be Occurrence Based: All coverage must be occurrence -based coverage. Claims -made coverage is not allowed. 9. Waiver of Subrogation: Insured Parties agrees on to waive subrogation against the District to the extent any loss suffered by Insured Parties is covered by any Commercial General Liability policy, Automobile policy, Workers' Compensation policy, or Builders' Risk policy described in Required Coverages above. Insured Parties agree to advise its broker /agent/insurer about this provision and obtain any endorsements, if needed, necessary to ensure the insurer agrees. 10. Non - compliance: The District reserve the right to withhold payments to the Insured Parties in the event of material noncompliance with the insurance requirements outlined above. 11. Please mail the - certificates and endorsements to: Contract Administrator Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 IMPORTANT: On the certificate of insurance, please note either the name of the project or the name of the District contact person or unit for the contract. If your insurance broker has any questions please advise him /her to call Mr. David Cahen, District Risk Management Administrator at (408) 265 -2607, extension 2213.