San Jose City Council
April 29, 2025

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

RECORDING REQUESTED
BY CITY OF SAN JOSE:

When Recorded, Return To:

City of San Jose
200 East Santa Clara Street
San Jose, CA 95113
Attn: City Clerk, 2nd Floor West Wing

PARKLAND AGREEMENT
FOR
TENTATIVE MAP NO. PT22-003

BETWEEN

CITY OF SAN JOSE
AND

SUMMERHILL EPIC WAY, LLC

SEELY DEVELOPMENT PARTNERS LLC AND

TRIMBLE BUILDING A HOLDINGS LLCAND

RESTRICTIONS AND COVENANTS RELATING TO

PUBLIC AND PRIVATE RECREATIONAL IMPROVEMENTS
This Agreement ("Agreement") is made and entered into by and between the CITY OF SAN JOSE, a municipal corporation of the State of California ("City"), SummerHill Epic Way, LLC, a California limited liability company ("Townhome Developer"), and Seely Development Partners LLC, a Delaware limited liability company and Trimble Building A Holdings LLC, a Delaware limited liability company (the "Apartment Developer") (collectively referred to herein as the "Developers") as of the date of City's execution ("Effective Date"). Each of City and Developers are sometimes hereinafter referred to as a "Party" and collectively as the "Parties."

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

RECITALS
A. Developers desire to develop a mixed-use project ("Development") o n approximately 22.88 acres of certain real property located generally on O Seely Avenue and identified as Tax Assessor's parcel Numbers 097-15-033, 097-15-034 and a portion of 097-66-008, in the City of San Jose, County of Santa Clara, State of California (the "Site"). Under the current zoning approved for the Development (File No. PDC 21-035), the Site is zoned for residential and non-residential uses and a 2.5-acre public park, The Developers have received City Council approval of Vesting Tentative Map Number PT22-003 (the 'Tentative Map") and Planned Development Permit No. PD22-002 ("PD Permit") for the Development. The Development will be completed in phases.

The residential portion of the Development consists of 154 for-sale single­ family detached townhome units (the "For Sale Units" or sometimes referenced as the "Townhomes") and 1,318 multi-family apartment units in four separate buildings (collectively the "Apartment Buildings"). The For-Sale Units and each Apartment Building will be constructed in separate phases (each, a "Phase").

Exhibit A ("Fees and Credits, Entire Development Site") and Exhibit A.1 a ("Table 1 - Application of Phase Credits and Table to be Completed to apply Turnkey Park Credits by Phase") and Exhibit A.1.b ("Entire Development Site, by Phasen) shows each phase of construction , its obligation to the City, and the anticipated construction phase that will be completed under separate residential puilding permits. Exhibit A.2 ("Site Map with Phased Development and associated Parkland Obligation and Applied Credits") shows the corresponding phases within Ille development site, with associated fees and credits. The phases of the

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Development could be constructed in the anticipated order detailed in Exhibits A.1.a ("Table 1 - Application of Phase Credits and Table to be Completed lo apply Turnkey Park Credits by Phase''), Exhibit A.1.b ("Entire Development Site, by Phase") and Exhibit A.2_("Site Map with Phased Development and associated Parkland Obligation and Applied Credits") or in a different order. One multi-family Apartment Building will be deed restricted strictly for low-income affordable housing units ("Affordable Apartment Building"). The other three multi-family residential "Apartment Buildings" are identified as Buildings "A", " B" and "C".

Buildings A, B, and C will have a combination of market rate rental units and some deed restricted units for moderate-income affordable housing units. The exact number of market rate and restricted affordable residential units for each individual phase and building type is shown on Exhibits A.3 through A.7 (''Phase Parkland Obligation, Phase Credits, and Turnkey Park Credits") .

B. Under the provisions of Chapter 14.25 ("Park Impact Ordinance - PIO") and Chapter 19.38 ("Parkland Dedication Ordinance - PDO") of the San Jose Municipal Code, developers of residential projects are required to dedicate property for neighborhood and community parks, and/or construct park or recreational improvements and/or pay in-lieu fees ("Parkland Obligation"). Exhibits A, A1.a, and A.1.b shows the overall Parkland Obligation for the entire development.

Exhibit A.2 ("Site Map with Anticipated Schedule of Phased Development and associated Parkland Obligation, Phase Credits, and Turnkey Park Credits") shows an illustrative site map that shows each Phase's Parkland Obligation and credits (discussed further below). Exhibits A.3-A.7 ("Phase Parkland Obligation; Phase Credits, and Turnkey Park Credits") shows the Parkland Obligation and Fees and Credits for each Phase of the Development that must be satisfied prior to the issuance of any Building Permit for the Phase in question.

C. In order for the Developers to satisfy the Parkland Obligation for the residential units identified under the current zoning, Tentatfve map, and PD Permit, the Developers and the City desire to enter into this Agreement. The Parkland Obligation for the Development will be satisfied by 1) designing and constructing

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. parkland improvements as outlined on Exhibit B (uConceptual Park Master Plan" "} and Exhibit 8.1 ("35% Construction Drawing Plan Sheets) on approximately 2.5 acres of land (the ['Park Site") and dedicating the fully improved Park Site to the City, and 2) paying remaining parkland fees to the City, in accordance with Exhibits A through A.7.

D. The gross Parkland Oblig·ation for the overall Development is 10.762 acres of land which is equal to $38,842,000 in Parkland Fees. The net Parkland Obligation for the overall Development, after applying qualifying Phase credits for each Phase, as explained below, is equal to $31 ,055,445 in Parkland Fees as shown on all Exhibits As. The Parties agree that each Phase of the Development has a Parkland Obligation and that each Phase is eligible to receive the following categories of credits that either reduce each Phase's Parkland Obligation as a "Phase Credit" or is applied as a credit to meet its Parkland Obligation as a "Turnkey Park Credit". Both the Phase Credits and the Turnkey Park Credits are detailed by in Exhibits A-A.7:

1. Phase Credits: These are credits that are applied to each individual Phase of the Development based on the characteristics of that Phase that lowers that Phase's Parkland Obligation. This includes credits for i) private recreational improvements (as further defined below), ii) reduced Parkland Fees for the affordable units in each Phase, and iii) credits for existing housing units.

The Phase Credits are applied to each Phase only, and Phase Credits from one Phase cannot be used to lower the obligations of a separate Phase. Should a Phase fail to a) deliver the private recreational improvements, b) deliver the affordable housing units, for which Phase Credits were awarded, or c) remove the existing single family residential houses, the City reserves the right to pursue the remedies in this Agreement against the offending Phase and is subject to receive the equivalent amount of Parkland Fees that were applied as a credits for that phase. Exhibrts A.3 -A.6 detail how Phase Credits are applied to each individual phase of the Development. Exhibit A.2 is an illustrative site map that shows the

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. anticipated order of each Phase and how Phase Credits and Turnkey Park, Credits will be applied. This is for illustrative purposes on[y.

2. Turnkey Park Credits: The Parties agree that the overall Development will receive Turnkey Park Credits totaling Nineteen Million Nine Hundred Ten Thousand Three Hundred Nine Dollars ($19,910 ,309) for i) the dedication of land for the Park Site ($8,410,309), (ii) the design and construction of Park Improvements ($1 1,500,000), and (iii) the dedication of the completed Park Site to the City (collectively , the "Turnkey Park Credits") .

The Turnkey Park Credits shall be available for use upon full execution of this Agreement, applied towards the entire Parkland Obligation, and will be applied to demonstrate fulfilling the Parkland Obligation owed by each Phase of the Development in the chronological order that each Phase is issued their first building permit (or in the case of the For Sale Units, the earlier of first building permit or one year from approval of a final subdivision map) until the Turnkey Parkland Credits are exhausted, Exhibit A.1.a ("Table 1 - Application of Phase Credits and Table to be Completed to apply Turnkey Park Credits by Phase") is a worksheet that will be completed and submitted to the City by the Developer to verify how that Developer's phase obligation is met and the amount of Turnkey Park Credits that can be applied to subsequent phases. Exhibit A.1.b ("Entire Development Site, by Phase") shows a table that anticipates the order and application of all credits to use as an example, or verification, of how the credits are applied.

Each Phase of the Development will be subject to pay potential Parkland Fees prior to receiving its first building permit (or in the case of the For Sale Units, prior lo the date that is the earlier of i) receiving its first building permit, or ii) one year after the approval of a final subdivision map for the For Sale Units). Exhibits A.3 - A.6 shows the amount of Parkland Fees due for each Phase. Those fees are calculated as follows:

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

1. The gross Parkland Fee is calculated based on the number and type of household types in each Phase, the estimated number of persons per household per unit, the Parkland requirement for that population growth (three acres of land per 1,000 people), and the cost to provide that land per the City's Parkland Fee Schedule in Resolution No 78733 and as amended by Resolution No. RES2024-422

2. The Phase Credits are then applied to each Phase and the Parkland Obligation is reduced accordingly.

3. The Turnkey Park Credits, if available, are then applied to each Phase until the Parkland Obligation is satisfied or all the Turnkey Park Credits are exhausted.

4. If Turnkey Park Credits remain after Turnkey Park Credits are applied in Step 3 above, the amount of excess Turnkey Park Credits can be available for the next Phase of construction as the means (or partial means) for that Phase to meet its Parkland Obligation. Consistent with Exhibit A.1.b, an example of how this works is detailed in subparagraphs a. - d. below and is illustrated on Exhibit A.2:
a. Building A (For Rent Units) has a gross obligation to provide

2.767 acres of land. This equals $ 8 ,972,200 in Parkland Fees, The fee is reduced with its qualifying Individual Phase Credits as listed on Exhibits A.1.a, A.1.b, and A.3. This leaves a remaining dollar obligation of $6,814,905 , Building A will meet this remaining obligation through dedication of the Park Site to the City, resulting in Turnkey Park Credits of $8,410,309. The remaining dollar obligation is subtracted from the value of the Turnkey Park Credits which gives an amount that the Parkland Obligation is exceeded by: $1 ,595,405 ($8,410,309 - $6,814,905 = $1,595,405). That amount of money, $1,595,405, can be applied as a credit toward the next Phase of Development to

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. support that Phase of Development meeting its Parkland
Obligation.
b. Continuing the example, if the Townhomes (For Sale Units) are the next Phase of Development to be constructed, that phase can apply the carryover balance of $1,595,405 as a Turnkey Park Credit to meet its Parkland obligation. The Townhomes obligation would be met as follows: gross obligation to provide 1.509 acres of land. This equals $9,055,200 in Parkland Fees. The fee is reduced with its qualifying individual Phase Credits as listed on Exhibits A.1 and A.4. This leaves a remaining Parkland Fee obligation of $8,855,639. The Townhomes will meet this
remaining obligation by applying the $1 ,595,405 ln available Turnkey Park Credits from the Apartment Developer's dedication of the Park Site towards its Parkland Fee obligation1 leaving a balance due of $7,260,234. The Townhomes will meet its
remaining Parkland Obligation by using Turnkey Park Credits for the park design and development costs in the total amount of $11 ,500,000. After the Townhomes Parkland obligation is met, excess Turnkey Park Credits in the amount of $4,299,766 can then be used by the next Phase of Development to support that Phase of Development meeting its Parkland Obligation.

5. Each Phase of Development shall provide the City's Director evidence of how each Phase of Development's obligation is met and/or exceeded prior to the issuance of a Building. Permit for that Phase by submitting a form attached hereto as Exhibit A.1.a for approval by the City's Director prior to the issuance of a Building Permit.

6. Once the City's Director determines the Parkland Fees due for a Phase is equal to or less than $0, then a) $0 Parkland Fee will thereafter be owed for the Phase, b) the City of San Jose Parks Recreation and

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Ne ghborhood Services Department st,all promptly inform the City's Building Department that the specific Phase has met its Parkland Obligation for purposes of building permit issuance for that Phase, and c) any remaining Turnkey Park Credits shall be applied to the next subsequent Phase of Development until all Turnkey Park Credits are exhausted .

7. Once all Turnkey Park Credits are applied as described in Steps 1 •-6 described above and the amount of owed Parkland Fees for a Phase is greater than $0, then a) that dollar amount (the "Owed Parkland Fee") will be paid to the City prior to an issuance of a Building Permit for that Phase, b) once the payment is received the City shall release the building permit upon payment of the Owed Parkland Fee (assuming all other conditions for the building permit have been satisfied), and c) no Turnkey Park Credits shall apply to any subsequent phase.

In summary, the initial Phases of Development pay for the design, construction, and dedication of the Turnkey Park, and the remaining phases of the Development, that do not have Turnkey Park Credits to apply, shall pay the Parkland Fees due. Under the currently anticipated sequence, and as summarized in Exhibits A- A.2., Phase 11, Phase Ill, and Phase IV apply all available Turnkey Park Credits and do not owe any payment of Parkland Fees. Phase V exhausts all remaining Turnkey Park Credits and owes a balance of Park Fees. Phase VI does not have any Turnkey Park Credits to apply, and pays the Parkland Fee amount due for that phase after Individual Phase Credits are applied.

8. The Parties agree that Exhibits A - A7 represents the value of the fees and credits available to be applied during each phase of the Development construction in accordance with the above steps as applied to the anticipated sequencing of the Development construction ahd building permit issuance. However, should the sequence or order of the Phases change, the steps above shall dictate how the Phase and

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Master Credits and Parkland Fees are applied to demonstrate how each Phase of the Development shall meet its Parkland Obligation.

9. The overall obligation and applied credits are shown on Exhibits A -A7.

Below is a summary of the information shown on those Exhibits. Each Phase of Development has a Parkland Obligation, available Phase Credits, and amount of Parkland Fees that can be applied as a Turnkey Park Credit and/or an amotmt of Park Fees due after all Turnkey Park Credits are exhausted:

Phase Ill For Sale Units (Townhomes):
• 154 single family attached rnarket rate townhomes;
o Gross Parkland Obligation 1.5 acres of fand or $9,055,200 in Parkland Fees Due
o Available lndlvldual Phase Credits $199,561 (Private
Recreation Credits)
o Net Parkland fees due to the City or that can be credited by application of Turnkey Park Credits $8,855,639 ($9,055,200 - $199,561 =- $8,855,639).

For Rent Units (Apartment Units):
• Phase II Building A - 377 market rate apartments; 20 deed restricted units for moderate income h ouseholds (397 multi-family units total)
o Gross Parkland Obligation 2.767 acres of land or $8,972,200 in Parkland Fees Due

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. o Available Individual Phase Credits $2,157,295 (Existing Housing Credits, Private Recreation Credits and Affordable Housing Credits)
o Net Parkland fees due to the City or that can be credited by application of Turnkey Park Credits $6,814,905 ($8,972,200 - $2,157,295 = $6,814,905)
• Phase V Building B - 353 market rate apartments; 19 deed restricted units for moderate income households (372 multi-family units total);
o Gross Parkland Obligation 2.61 1 acres of land or $8,407,200 in Parkland Fees Due
o Available Individual Phase Credits $1,435,182 (Affordable Housing and Private Recreation Credits)
o Net Parkland Fees due to the City or that can be credited by application of Turnkey Park Credits $6,972,018 ($8,407,200 - $1,435, 182 = $$6,972,018).
• Phase VI Building C - 353 market rate apar1ments; 18 deed restricted units for moderate income households (371 multi-family units total);
o Gross Parkland Obligation 2.604 acres of land or $8,384,600 in Parkland Fees Due
o Available Individual Phase Credits $1,693,791 {Affordable Housing and Private Recreation Credits)
o Net Parkland Fees due to the City or that can be credited by application of Turnkey Park Credits $6,690,809 ($8,384,600 - $1 ,693,791 = $6,690,809)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. • Phase IV Affordable Housing Building - 178 deed restricted units for low-income households (178 multi-family units total); o Gross Parkland Obligation 1.250 acres of land or $4,022,800 in Parkland Fees Due
o Avallable Individual Phase Credits $2,300,725 (Affordable Housing and Private Recreation Credits)
o Net Parkland Fees due to the City or that can be credited by application of Turnkey Park Credits $1,722,075 ($4,022,800 - $2,300,725 = $1,722,075).

10. The total available amount of Turnkey Park Credits equal $19,910,309 :
• Value of Land Dedication $8,410,309
• Design and Construction Budget $11 ,500,000
E. The Apartment Developer shall design and construct parkland improvements in substantial conformance with Exhibit B (''Conceptual Park Master Plan") of this Agreement on the Park Site and dedicate the fully improved "Park Site" to the City as further described in this Agreement and under Exhibit C ("Irrevocable Offer of Land Dedication"). The Park Site must meet all of the following:

1. The Apartment Developer shall complete and dedicate to the City the fully improved Park Site within five (5) years of the date of issuance of the first residential building permit for the Development. For example, if the first building permit for the Apartment Development is issued on January 1, 2026, the Park Site must be fully improved in compliance with this Agreement and the City has accepted the Park Site by recording a grant deed before January 1, 2031.

2. Should tlie Apartment Developer fail to complete the Park Improvements and dedicate the fully improved Park Site to the City within that time, the City shall have the sole option

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. of pursuing the remedies set forth in Section 6 of this Agreement As described above, each phase of the Development is eligible to reduce its Parkland Obligation by providing on-site deed restricted Affordable Housing units. Pursuant to the PIO and PDO and per Resolution No. 75540 and Resolution No. 79913, the per unit Parkland Fee for each qualifying affordable unit shall be 50% of the established fee.

G. The City's Director of Parks, Recreation and Neighborhood Services ("City's Director") is charged with the administration of this Agreement in conjunction with the Director of Public Works ("Director of PW"). The Director of PW is responsible for the review, inspection, approval, and acceptance of the Park Improvements in conjunction with the City's Director.

NOW, THEREFORE , in consideration of the mutual covenants outlined in this Agreement and for valuable consideration, receipt, and sufficiency of which is hereby acknowledged , the Parties hereby agree as follows :

SECTION 1. REPRESENTATIONS AND WARRANTIES OF
DEVELOPER.

The Developers represent and warrant to the City that the following facts are true and correct:

A. The statements and certificates made on the Tentative Map and documents filed in conjunction with the zoning regulations adopted with. the Tentative Map, and PD Permit remain true and correct.

B Any and all documents provided to City by Developer pursuant to the terms of this Agreement, or in connection with the execution of this Agreemen t, are now, to Developers' knowledge, in full force and effect and contain no inaccuracies or misstatements of fact. The Developers covenant that at such time the City notifies the Developers of the City's intention to accept the Park Improvements , if to Developer's knowledge, any of these documents contain material inaccuracies, misstatements or have become

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. obsolete , the Developers shall notify the City and provide the City with the information required to render the documents accurate , complete and current.

C The Developers have the legal ability to enter into this Agreemeht and the Developers' signatories to this Agreement is (are) duly authorized to sign this Agreement on its behalf. In the event the Developers are not the legal owner of the real property identified on the Tentative Map, the legal owner shall also be required to execute this Agreement and shall be subject to all terms, conditions, and obligations of this Agreement .

SECTION 2. OFFER OF DEDICATION; DESIGN AND DEVELOPMENT
OF PARK IMPROVEMENTS; CREDIT FOR PRIVATE
RECREATIONAL IMPROVEMENTS.

A. The Apartment Developer affirms their Irrevocable Offer to Dedicate approximately 2.5 acres of improved parkland--(the "Park Site") shown on an Irrevocable Offer of Dedication (Exhibit C) to the City which includes the real property located on O Seely Avenue identified as Tax Assessor's parcel Numbers 097-15-033, in the City of San Jose, County of Santa Clara, State of California and as also identified on the PD zoning regulations, the Tentative Map, and PD Permit. The Apartment Developer shall record an Irrevocable Offer of Dedication (Exhibit C) immediately following the full execution of this Agreement. The Apartment Developer shall be responsible for the development of plans and specifications for, and the construction of the Park Improvements on the Park Site consistent with the Conceptual Park Master Plan (Exhibit B), the "City's Design and Construction Requirements " (Exhibit B.2), agreed upon "Cost Estimate" (Exhibit 8.3) , and 35% Construction Drawings (Exhibit B.1) on file with the City at the time of this Agreement and as more particularly described in this Agreement.

8. The Apartment Developer shall develop plans and specifications for the Park Improvements ("Project Specifications/Construction Drawings") for the

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. review and approval by the Director of PW and satisfaction of the Oity's Director, that particularly implement the description of list of Park Improvements as shown in the attached Conceptual Park Master Plan (Exhibit 8), in conformance with Exhibit 8.2(the City's "Design and Construction Requirements''), the agreed upon Cost Estimate (Exhibit 8.3) and City reviewed 35% construction drawings (as exempllf.ied on Exhibit B.1) on file with the Director of Public Works at the time of execution of this Agreement.

B .1 . Subject to Exhibit B.1 ("35% Construction Drawing Plan Sheets) of this Agreement, the Apartment Developer shall construct the Park Improvements in conformance with the Project Specifications and all applicable standards and specifications in effect on the Effective Date of this
Agreement.

B. 2. The Parties agree the Park Improvements shall be consistent with the characteristics of the Conceptual Park Master Plan (Exhibit B), and as itemized in the Cost Estimate (Exhibit

8.3) which have been determined as of the Effective Date of this agreement as shown on the 35% construction drawings (Exhibit 8.1 ).

B.3 The Developer shall provide the City an anticipated schedule of construction within six months after the issuance of a first residential Building Permit. Construction of the Park Site must be completed within five (5) years after the issuance of the frrst building permit for the Development, as described above.

It is anticipated that the first building permit will be issued May 2025.

D. The Apartment Developer shall be solely responsible for all costs incurred for planning, design, construction, and supervision of the construction of all

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Park Improvements , ,including without limitation, the City's plan review and inspection fees and processes. The Apartment Developer shall cause all labor and material incorporated in the Park Improvements to be furnished in accordance with the requirements and specifications set forth in this Agreement.

E. The Park Improvements shall be deemed completed and accepted by the City upon recordation of the Notice of Acceptance by the Director of PW of this Agreement.

F. The City's Director may, at the City Director's discretion, grant extensions of the completion requirement specified in this subsection for up to one (1) year and administratively allow non-substantive changes to the Park Improvements. Substantive changes to this Agreement or any extension of completion requirements for more than one (1) year will require approval by the City Council. A substantive change is defined as a significant modification or expansion of the nature and scope of the Identified Park Improvements or change in the Conceptual Park Master Plan. Any costs associated with the substantive change initiated or requested by the Developers shall be the Developers' sole responsibility.

G. The Development is eligible to receive credit for private recreation improvements pursuant to the Park Impact and Parkland Dedication Ordinances. The description of the private recreation improvements to be included in the Development by the Developers that will receive credit pursuant to Chapter 14.25 and Chapter 19.38 of the San Jose Municipal Code is set forth in Exhibit D ("Private Recreation Credit Exhibits"). The Developers shall complete the installation of the private recreation improvements described iri Exhibit D on their respective Phase(s) on/ or before the issuance of a final Certificate of Occupancy for each phase of the Apartment Buildings, and the temporary Certificate of Occupancy for the last constructed For-Sale Unit. The City will inspect all completed private

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. recreation improvements before the issuance of a Certificate of Occupancy for the subject residential unit in accordance with the preceding sentence.

H. With respect to any credited Private Recreation Improvements for each Phase that have not been completed before the issuance of the last Certificate of Occupancy as stated above, the credits for the incomplete improvements shall be disallowed and the Developers shall be required to pay the pro-rata portions of the Parkland Fees for the incomplete portion(s) of such Private Recreational Improvements (at the rates in effect as of the Effective Date).

The Developers acknowledge and agree that the 1..1se of the private recreation improvements shall be restricted for recreation purposes by this recorded covenant which runs with the land in favor of the future owners of the residential units located within the Development and which expressly cannot be defeated or eliminated Without the consent of the City Council..

The Developers or Property Owner may however, post reasonably Rules and Regulations for respectful use, resident conduct, and maintenance for the site as well as occasional closures as necessary for safety or maintenance obligations, subject to approval and satisfaction of the City's Director (Director of Par·ks, Recreation 1 and Neighborhood Services).

J. Developers acknowledge and agree that Developers shall not receive any credit for eligible private recreation improvements pursuant to Park Impact and Parkland Dedication Ordinances except those private recreation improvements that are set forth in Exhibit D and constructed in full compliance with this Agreement.
~<. Subject to the Apartment Developer's performance of all requlred conditions for the acceptance of the Park Improvements under this agreement, and the City's approval and acceptance of the Park Improvements, as described in this Agreement , the City affirms its intent to accept dedication of the Developer's Park Land in accordance with Section 2(F) of Exhibit B.2

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. ("City's Design and Construction Requirements'')
To that effect, the City shall not unreasonably withhold acceptance of the Developer's Park Land or Park Improvements.

SECTION 3. COMPLIANCE WITH THE PARKLAND DEDICATION ORDINANCE.

A. City acknowledges and agrees that the Developers' performance of this Agreement shall satisfy the Developers' obligations under the City's Park Impact and Parkland Dedication Ordinances for the residential units identified under zoning regulations listed in PDC 21-035 for the Development. Provided that the Developers are not in material default hereunder, and provided further that the Developers satisfy In all material respects all other terms, conditions, and requirements associated with the Development under the PDO and PIO, the PD Permit, the City shall issue all bulldlng permits necessary for the residential units identified on the Tentative Map, provided, however, building permits, inspections and certificates of occupancy for the For Sale Units will not be withheld due to an Event of Default of the Apartment Developer hereunder (with the exception of the failure of the Park Site to be completed and dedicated to the City within five (5) years after issuance of the first building permit for the Development), provided the For Sale Units have met their Parkland Fee obligation through payment of Parkland Fees or appllcation of Phase Credits and/or Turnkey Park Credits, as further explained in Section 6. The Parties acknowledge and agree that the calculation of the Developers' Parkland Dedication Obligation is outlined in the Fees and Credits Summary, Exhibit A through A.7 as applicable . The Developers shall pay to the City the Parkland Fees, 1if any, by check directly to: City of San Jose, Department of Parks, Recreation and Neighborhood Services, 200 E.

Santa Clara Street, San Jose, CA, 95113.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

B. Parkland Fees for each residential building shall be applied as described in Recital D and all Exhibits As. Any Owed Parkland Fees for a Phase shall be paid to City prior to the issuance for any building permit for each residential building for that Phase prior to the start of construction of that building in the Phase. The applicable Developer may be required to pay additional penalties and late fees as set forth in the Schedule of Parkland Fees adopted by the City Council at the time of this Agreement if payments of Parkland Fees are not made prior to the issuance of a building permit for each phase of development. The City will owe no refund to Developers in the event Developers do not build the number or type of residential units identified under PDC 21 -035, Tentative Map, or PD Permit.

C. In the event there is an increase in the number of residential units to be built or change in the dwelling unit type, the Developer who increased the number of residential units in their Phase agree to immediately notify the City's Director and to pay such additional Parkland Fees as are requlred by the Park Impact and Parkland Dedication Ordinances and the equivalent Parkland Fees for the credits received as set forth in the Parkland In-Lieu Fee Schedule that is in effect at the time of the execution of this Agreement, to the extent not otherwise satisfied by the construction of the Park Improvements .

D. Developers acknowledge that the costs and expenses for the design, development, construction , and supervision related to the Park Improvements , and dedication of parkland, may exceed the Parkland Fees that the Developers would be obligated to pay under the Park Impact and Parkland Dedication Ordinances. Because of the benefit to the Development that will result from the Park Improvements and land dedication, the Apartment Developer agrees to design, develop, and construct the Park Improvements on the Park Site and dedicate the Park Site as shown on the Conceptual Park Master Plan and consistent with the City reviewed 35% construction drawings (Exhibit B.1 ) as specified in this

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Agreement, without any obligation on the part of the City, other than the City's obligation in Section 2.K above to accept such dedication.

SECTION 4. REVIEW FEES AND CHARGES RELATED TO PARK
IMPROVEMENTS.

A. The Apartment Developer shall pay to the City a fee for review and approval of the Project Specifications for the Park Improvements and the inspection of the Park Improvements (collectively, "Review Fee"). The City's Review Fee shall be based on the Developers' cost estimate of the Park Improvements as approved by the City's Director and shall be calculated based on the fees and charges established for the City's review and inspection of like improvements then in effect at the time the City and the Developers execute this Agreement. The Review Fee is $1,598,554 based off of 17.5% of the Construction Total cost as shown on the Cost Estimate (Exhibit B.3). The total Review Fee shall be paid directly to the City prior to, or concurrently with the execution of this Agreement. The Apartment Developer shall pay to the City the Review Fee by check directly to: City of San Jose, Department of Parks, Recreation and Neighborhood Services, 200 E. Santa Clara Street, San Jose, CA, 95113.

B. In the event that the City's Director grants an extension of the term of this Agreement pursuant to the provisions of Section 2 (above) or if the Review Fee paid pursuant to Section 3A (above) is insufficient for City's review and inspection as set forth herein, then the Director of PW, at the Director of PW's sole discretion, shall have the right to escalate the total estimated cost of the Park Improvements, and/or the corresponding Review Fee. The escalation of the total estimated cost of the Park Improvements shall be estimated by Director of PW consistent with current adopted costs and adopted protocols. This calculation shall not result in any cost to the City nor shall the cost increase eliminate elements to be included in the park per this Agreement , the Conceptual Master Plan (Exhibit B), and the 35%

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. construction drawings (Exhibit B.1) on file with the City at the time of this agreement.

SECTION 5. BONDS AND SECURITY.

Apartment Developer shall furnish to City the following security prior to the execution of this Agreement and for the purposes in the amounts, and under the conditions tha1 follow:

A. Type and Amounts.

1. 2,

3. Performance Security. To assure the Apartment Developer's faithful performance of this Agreement to complete the Park Improvements, security in an amount of One Hundred Percent (100%) of the estimated cost of the Park Improvements {hereinafter "Performance Security"); and
Paym_eot Security. To secure the Apartment Developer's payment to any Contractor, subcontractor, person renting or supplying equipment, or furnishing labor and materials for completion of the Park Improvements security in the additional amount of One Hundred Percent (100%) of the estimated cost of the Park Improvements (hereinafter "Payment Security"); and
Warranty Security. To warranty the Developers' work for a period of one (1) year following recordation of the Notice of Acceptance against any defective work or labor done or defective materials with respect to the Park Improvements, security in the additional amount of Twenty-Five Percent (25%) of the estimated cost of the Park Improvements (hereinafter "Warranty Security"): and
B. CONDITIONS.

1. The Apartment Developer shall provide the required security on forms approved by City and from sureties authorized by the California Insurance Commissioner to transact the business of

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. insurance. Any bonds furnished by the Apartment Developer's to satisfy the security requirements in this Section 5 shall be in the forms attached hereto as Exhibit E ("Bond and Securities") as may be amended by City from time to time.

2. A condition of the Developers' security Is that any changes n ot exceeding ten percent (10%) of the original estimated cost of the Park Improvements shall not relieve the security. In the event that changes to the Project Specifications cause an increase of more than ten percent (10%) over the original estimated cost of the Park Improvements, the Apartment Developer shall provide security as required by Section 5(A) of the Agreement for One Hundred Percent (100%) of the total estimated cost of the Park Improvements as changed,

3. NotwithstandlI1g Section 5(8)(2) above, the Apartment Developer's security shall compensate the City for the actual cost of completing the required Park Improvements in the Event of Default, as defined in Section 6 below, by the Developers in the performance of this Agreement. regardless of whether the City's cost of completion exceeds the estimated total cost of the Park Improvements.

4. A condition of the Developers' security is that any request by the Developers for a reasonable extension of time for the
commencement or completion of the work under this Agreement may be granted by the City without notice to the Developers' surety and such extensions shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

5. As a condition of granting any extension for the commencement or completion of the work under this Agreement, the Director of PW may require the Apartment Developer to furn!sh new security guaranteeing performance of this Agreement , as extended, in an increased amount to compensate for any increase in construction costs as reasonably determined by the Director of PW.

6. If the Apartment Developers seek to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement ; (2) be provided by the Apartment Developer's to the Director of PW; and (3) upon its written acceptance by the Director of PW, be deemed to be a part of this Agreement. Upon the Director of PW's acceptance of a replacement security, the former security will be released by the City.

C. Release of Securities . The City shall release the securities required by this Agreement as follows:

1. 2.

3. Performance Security. City shall release the Performance Security upon recordation of the Notice of Acceptance or as may otherwise be authorized in accordance with California Government Code Sections 66499.?(a)-(g).

Payment Security. City shall release the Payment. Security in accordance with California Government Code Section 66499.?(h).

Warranty Security. City shall release the Warranty Security upon expiration of the 1-year warranty period and settlement of any claims filed during such warranty period.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

4. Prior to any release of security, City may provide Apartment Developer copies of any invoices for third party costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City along with City's written request for payment thereof, and if such invoices are not directly paid in full by Apartment Developer within thirty (30) days of such written request, City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees, unless Apartment Developer is contesting in good faith such invoices.

D. l_njury to Park Improvements, Public Prope1iy or Public Utility Facilities. Until recordation of the Notice of Acceptance of the Park Improvements, the Apartment Developer assumes responsibility for the care and maintenance ot, and any damage to, the Park Improvements. The Apartment Developer shall replace or repair all Park Improvements, public utility facilities situated within the Park Site, and surveying or subdivision monuments and benchmarks situated within the Park Site which are destroyed or damaged for any reason, regardless of whether resulting from the acts of the Developers, prior to the recordation of the Notice of Acceptance. The Apartment Developer shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the Director of PW.

Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss, or damage, regardless of cause, occurring to the work or Park Improvements prior to recordation of the Notice of Acceptance of the work or improvements.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

SECTION 6. DEFAULT.

A. The Developers shall be in default hereunder upon the occurrence of any one or more of the following events ("Event of Default") subject to Force Majeure Events:

1. The Apartment Developer's failure to timely commence construction of Park Improvements under this Agreement after 36 months from the approval of 100% construction drawings;

2. The Apartment Developer's failure to timely complete construction of the Park Improvements within five (5) years of the issuance of the first building permit for the Development;

3. The Apartment Developer's failure to timely cure any defect in the Park Improvements;

4. The Developers' insolvency, appointment of receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which the Developers fail to discharge within thirty (30) days;

5. The Developers assign this Agreement in violation of Section 9;

6. The Developers .fail to perform or satisfy any other term, condition, or obligation under this Agreement.

Notwithstanding the foregoing, the City agrees it is not an Event of Default with respect to the Townhome Developer if there is any Event of Default that relates to the Park Improvements or the Park Site, provided the Park Site must be completed and dedicated to the City within five (5) years of the issuance of the first building permit for the Development and nothing herein is intended to relieve the Developers from such obligation.

B, If an Event of Default occurs and the Event of Default is not cured by the Developers in accordance with Sectfon 6(0) below, the City in its sole

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. discretion shall be entitled to terminate the Developers' control over the work described herein and hold the Developers and its surety liable for all damages suffered by the City as a result of the Event of Default. The City shall have the right, at its sole discretion, to draw upon or use the appropriate security to mitigate the City's damages in the Event of Default by the Developers. The Developers acknowledge and agree that the City's right to draw upon or use the security is in addition to any other remedies available at law or in equity to the City. The Parties acknowledge and agree that the estimated costs and security amounts may not reflect the actual cost of construction of the Park Improvements, and therefore, the City's damages in the Event of Default by the Developers shall be measured by the actual cost of completing the required Park Improvements to the satisfaction of the City. The City may use the sums provided by the securities for the completion of the Park Improvements in accordance with the Project Specifications.

C. If an Event of Default occurs and the Event of Default is not cured by Developer in accordance with Section 6(0) below, the City's sole remedy shall be to take over the work and complete the Park Improvements, by contract or by any other method the City deems appropriate , at the sole cost and expense of the Apartment Developer. In such event, the City, without any liability whatsoever, may complete the Park Improvements using any of the Apartment Developer materials, appliances, plans1 or other property located at the Park Site and that are necessary to complete the Park Improvements.

D, Unless the City's Director determines that the circumstances warrant immediate enforcement of the provisions of this Section 6 in order to preserve the public health, safety, and welfare, the City's Director shall give sixty (60) working days' prior written notice of default to Developers ("Notice Period"), which notice shall state in reasonable detail the nature of the Developers' default and the manner in which the Developers can cure the

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. default During the Notice Period, the Developers shall have the right lo cure any such default; provided, however, if a default is of a nature which cannot reasonably be cured within the Notice Period, the Developers shall be deemed to have timely cured such default for purposes of this section if the Developers commence to cure the default within the Notice Period and prosecutes the same to completion within a reasonable time thereafter.

E. If an Event of Default occurs, the Developers agrees to pay any and all reasonable costs and actual expenses incurred by the City in securing performance of such terms, conditions, or obligations giving rise to the Event of Default, including but not limited to, fees and charges of architects, engineers, contractors, attorneys, and other professionals, and court costs that are in excess of the amount of bond proceeds rece:ived by the City {but not duplicative).

F. Notwithstanding the foregoing , if an Event of Default occurs and the Event of Default is not cured, the Townhome Developers have the ability to cure the Default for the For Sale Units by payrng any and all remaining Parkland Obligation for the For Sale Units.

The City's rights and remedies specified in this Section 6 shall be deemed cumulative and in addition to any rights or remedies the City may have at law or in equity, but nothing herein is intended to give the City duplicative remedies for the same Event of Default, except as may be needed to cover the full and actual cost of cornpleting the Park I rnprovemerits.

SECTION 7. INDEMNITY/HOLD HARMLESS.

A. The City, or any officer, employee, or agent thereof shall not be liable for any loss or injury to persons or property occasioned by reason of the acts or omissions of the Developers, its agents, employees, contractors, or subcontractors in the performance of this Agreement. The Developers further acknowledge and agree to protect, indemnify , defend and hold the

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

City, its officers, agents and employees harmless from and against any and all liability, loss, cost and obligations on account of or arising out of or resulting from any injury or loss caused directly or indirectly by any cause whatsoever in connection with or incidental to the activities performed by the Developers under this Agreement, except to the extent such injury or harm is caused by the sole active negligence or willful misconduct of the City, its officers, agents, or employees or contractors. This Section 7 shall survive the recordation of the Notice of Acceptance, acceptance of the Park Site, or sooner termination of this Agreement for a period of one (1) year from the date of such acceptance or termination. Recordation of the Notice of Acceptance by the City of the Park Improvements shall not constitute an assumption by the City of any responsibility or liability for any loss or damages covered by this Section 7.B. The Developers shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by the City in enforcing this Section 7.

SECTION 8. NOTICES.

Any notice required or permitted to be given under this Agreement shall be in writing and (i) personally served, (ii) delivered by express mail, Federal Express or other comparable overnig,ht courier service or (iii) sent by U.S. mail, postage prepaid, addressed as follows:

To City's Director:

To Director of PW:

City of San Jose
Department of Parks, Recreation and Neighborhood
Services
Attn: PRNS Capital Projects Division,
Attention: Deputy Director
200 East Santa Clara Street, Tower-9th Floor
San Jose, CA 95113
City of San Jose
Department of Publlc Works
City Facilities and Architectural Services Division
Attn: PW Division Manager

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

To Developers:

AND
200 East Santa Clara Street, Tower-6th Floor
San Jose, CA 95113
SummerHill Epic Way LLC
Attn: SummerHill Homes, Vice President of Development
3000 Executive Pkwy, Suite 450, San Ramon, CA 94583
With a copy to:

SummerHill Homes LLC
777 California Avenue
Palo Alto, CA 94304
Attention: General Counsel
The Hanover Company
Attn: Regional Development Partner
Bay Area Regional Office
156 Diablo Road, Suite 220, Danville, CA 94526
With a copy to
The Hanover Company
Attn: Deputy General Counsel
1780 South Post Oak Lane
Houston TX 77056
Notice shall be deemed given upon and received as follows: (i) if personally delivered, at the time of personal delivery , (ii) in the case of overnight delivery using a nationally recognized overnight courier, one (1) working day after deposit with such courier, or (iii) 1f sent by mail, two (2) working days after deposit, postage prepaid In the U.S. Mail. The Parties shall notify each other of changes in either their respective addresses or their representatives subject to notification 'in accordance with the provisions of this section.

SECTION 9. ASSIGNMENT.

This Agreement may not be assigned or transferred in part or in whole by the Developers without the express written consent of the City. Any attempts to assign or transfer any terms, conditions or obligations under this Agreement without the express written consent

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. of the City shall be voidable at City's sole discretion. Notwithstanding the foregoing, Developers may sell, transfer or assign all of their interest in tl1e Site or portion of the Site that contains the Development without the City's consent, provided however, the Developer shall not be released from any liability under this Agreement until the City's acceptance of the Apartment Developer's Park Site and Park Improvements, and the associated warranty period has expired.

SECTION 10. BINDING UPON SUCCESSORS.

Subject to Section 9, this Agreement shall be binding upon and shall inure to the benefit of the Parties' respective successors, assignees, transferees, and legal representatives.

SECTION 11. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance With California law.

SECTION 12. ENTIRE AGREEMENT.

This Agreement, including the exhibits, attachments and appendices, contains the entire agreement of the Parties with respect to the satisfaction of the requirements of the Park Impact and Parkland Dedication Ordinances for the Tentat1ve Map for the Development and supersedes all prior understandings or representations of the Parties, whether written or oral. Any subsequent modification of this Agreement must be made in writing and signed by all Parties hereto.

SECTION 13. TIME OF ESSENCE.

Time Is of the essence in t11e performance of this Agreement.

SECTION 14. FORCE MAJEURE.

A. "Force Majeure Event" shall be defined as any matter or condition beyond the reasonable control of a Party, including war, public emergency or calamity, fire, earthquake , extraordinary inclement weather, Acts of God, strikes, 'labor disturbances or actions, c1vil disturbances or riots, litigation brought by third parties against either the City or the Developers or both, or

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. any governmental order or law which causes an interruption in the construction of the Park Improvements (the "Work" for purposes of this section) or prevents timely delivery of materials or supplies.

B. Should a Force Majeure Event prevent the performance of this Agreemen t, in whole or in part, the Party affected by the Force Majeure Event shall be excused or performance under this Agreement shall be suspended to the extent commensurate with the Force Majeure Event; provided that the Party availing itself of this Section shall notify the other Party within ten (10) days of the affected Party's knowledge of the commencement of the Force Majeure Event; and provided further that the time of suspension or excuse shall not extend beyond that reasonably necessitated by the Force Majeure Event.

C. Notwithstand ing the foregoing, the following shall not excuse or suspend performance under this Agreement:

1. Performance undet this Agreement shall not be suspended or excused for a Force Majeure Event pertaining to the Work if such event is not defined as a Force Majeure Event under the applicable contract for the Work.

2. Negligence or failure of the Developers to perform its obligations under a contract for the Work (other than for a Force Majeure Event as defined under the applicable contract) shall not constitute a Force Majeure Event.

3. The inability o f the Developers for a ny reason to have access t o funds necessary to carry out its obligations under this Agreement or the termination of any contract for the prosecution of the Work for such reason or for the Apartment Developer's default under such contract shall not const1tute a Force Majeure Event.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

SECTION 15. BOOKS AND RECORDS.

A. The Developers shall be solely responsible to implement internal controls and record keeping procedures in order to comply With this Agreement and all applicable laws. The Developers shall maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks, receipts, and other records or documents evidencing or relating to the activities performed by the Developers under this Agreement, including without limitation those relating to the construction of the Park Improvements , for a minimum period of three (3) years, or for any longer period required by law, from the date of termination of this Agreement or the date of the City's acceptance of the Park Improvements, whichever is longer. Notwithstanding this previous sentence, the Developers shall retain such records beyond three (3) years so long as any litigation, audit, dispute, or claim is pending.

1. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at no cost to the City, at any time during regular business hours, upon written request by the City Attorney , City Auditor, City Manager, or a designated representative of any of these officers. The Developers shall provide all records listed in the Section 141 A. above to the City at final completion of c onstruction project as a term of release of Performance Surety Bond and Notice of Acceptance or within 15- business days of the request.

B. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records s hall be available at the Developers' address indicated for receipt of notices in this Agreement.

C. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of the Developers' business, the City may, by written request by any of the above- Page :l 'l o·r 147
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by the Developers , the Developers' representatives, or the Developers' successor­ in-interest.

The Developers' obligations under this Section shall be in addition to the Developers' obligations other wised specified in this Agreement.

SECTION 16. MISCELLANEO US PROVISIONS.

A. Captions. Captions and Sections of this Agreement are for convenience only and shall not be considered in resolving any questions of interpretation or construction.

B. Incorporation of Recitals. The Recitals in this Agreement are hereby incorporated into the terms of this Agreement.

C. Jurlsdiction. In the event that suit shall be brought by any of the Parties, the Parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate , exclusively in the United States District Court1 Northern District of California, San Jose, Californ a.

D. Waiver. The Developers agree that waiver by City of any breach or violation or any term, condition , or obligation of this Agreement shall not be deemed to be a waiver of any other term, condition, or obligation contained herein or a waiver of any subsequent breach or violation of the same term, condition, or obligation.

E. Plurality. As used in this Agreement and when required by the context, each number (singular and plural) shall include all numbers.

F. Compliance with Laws. The Developers , its employees , agents, representatives, contractors, and subcontractors shall comply in all material

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. respects with all applicable local, state and federal laws in the performance of this Agreement.

G. Nondiscrimination. The Developers, its employees, agents. representatives, contractors, and subcontractors shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, national origin, or any other recognized or protected class in connection with or related to the performance of this Agreement. The Developers shall expressly require compliance with the provisions of this Section 16(G) in all agreements with contractors and subcontractors for the performance of the improvements hereunde .

H. The Developers have read each and every part of this Agreement, including without limitation, its exhibits, and the Developers freely and voluntarily have entered into this Agreement. This Agreement is a negotiated document and shall not be interpreted for or against any party by reason of the fact that such Party may have drafted this Agreement or any of its provisions.

I. Whenever in this Agreement words of obligation or duty are used, such words shall have the force and effect of covenants. Any obligation imposed by either Party shall include the imposition on such Party of the obligation to pay all costs and expenses necessary to perform such obligation.

J. Severability. tf any provisions or portions of this Agreement are held to be invalid by a court of competent jurisdiction, the remaining provisions or portions of this Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the Parties.

K. This Agreement is entered into pursuant to and shall be governed by the Parkland Dedication Ordinance. If not otherwise defined in this Agreement,

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. capitalized terms shall have the meanings set forth In Chapter 19.38 of the San Jose Mun icipal Code.

SECTION 17. AGREEMENT'S ATTACHMENTS.

This Agreement includes the following attachments:

Exhibit A ("Fees and Credits , Entire Development Site ") Exhibit A.1.a ("Table 1 -Application of Phase Credits and Table to be Completed to apply Turnkey Park Credits by Phase ")
Exhibit A.1.b ("Entire Development Site, by Phase ")
Exhibit A.2- ("Site Map with Anticipated Schedule of Phased Development and associated Parkland ' Obllgation , Phase Credits, and Turnkey Park Credits ") Exhibit A.3 ("Phase II Building A - Parkland Obligation , Phase Credits , and Turnkey Park Credits ")
Exhibit A.4 ("Phase Ill Townhomes Parkland Obl igation, Phase Credits , and Turnkey Park Credits ")
Exhibit A.5 ("Phase IV Affordable Housing Building - Parkland Obligation , Phase Credits , and Turnkey Park Credits")
Exhibit A.6 ("Phase V Building 8 Parkland Obligation , Phase Credits , and Turnkey Park Credits ")
Exhibit A.7 (''Phase IV Building C Parkland Obligation , Phase Credits , ahd Turnkey Park Credits)
Exhibit B ("Conceptual Park Master Plan")
Exhibit B.1 ("35% Construction Drawing Plan Sheets)
Exhibit 8 .2 ("City's Design and Construction Requ irements ") Exhibit B.3 ("Cost Estimate")
Exhibit C ("Irrevocable Offer of Land Dedication ")
Exhibit C.1 ("City 100 Template comple ted and signed)
Exhibit C.2 ("Park Site Legal Description")

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit C.3 ("Park Site Plat Map")
Exhibit D f1Private Recreation Credit Exhibits'')
Exhibit E ("Bond and Security Forms")
Exhibit E.1 Performance Security
Exhibit E.2 Payment Security
Exhibit E.3 Warranty Security
Exhibit F ("Environmental Reports/Permitted Exceptions")

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

WITNESS THE EXECUTION HEREOF the day and year hereinafter written by City.

APPROVED AS TO FORM:

ANDREW MALEK
Deputy City Attorney

DEVELOPER
SurnrnerHill Epic Way LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability
company , its ~ 7Janr--r--.:::::::======::=:.

By: ~
Name:

Title: cer
By:

Name:

Title:

CITY OF SAN JOSE , a municipal
corporation
By: ___________ _
Date:

TONI J. TABER, CMC
City Clerk
--------- --

DEVELOPER

SEELY DEVELOPMENT PARTNERS
LLC,
a Delaware limited liability company,
By:

Name: -----------Tit I e:

OWNER

TRIMBLE BUILDING A HOLDINGS LLC,
A Delaware limited liability company
By: THC Trimble Building A LLC, a
Delaware limited liability company , its
managing member
By: -----------­
Name: -----------Tit I e: ------------
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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
County of 5ANIA C,LIA!<A
On -----=-A---Fp_ir_i _I _q_,_ 2.._ 0_2._'S __ before me, _ ,Jt-=---u_D...,..,~,......=-l _e-...,.py.....:.;..1 u""-J,,, ..... N~ OT_A...;..R.'--'r~- .Q-lr---''-l'""'b,._,_,_1 c..~_ (inse'ft name and title of the o1'fic&)
personally appeared GR.t,.1€ ·st· ([ . G.\\i NTt;Q.o 904 ..T~5ct.l Si E-'=1S who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ◄S/are subscribed to the within instrument and acknowledged to me that +re/she/they executed the same in l:ita/beF/their authorized capacity(ies), and that by•histher/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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
········i JUDY LEPULU
l'/otary ?ubli, • California :

Sanu Clara County ~
Commissfon # 2399135
y Comm. D.pires Mar 30, 2026
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

WITNESS THE EXECUTION HEREOF the day and year hereinafter written by City.

APPROVED AS TO FOR~

ANDREW MALEK
Deputy City Attorney

DEVELOPER
SummerHill Epic Way LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability
company , its manager
By:

Name:

Title:

By:

Name: ----- -------Tit I e:

CITY OF SAN JOSE , a municipal
corporation
By: -------- -----
Date:

TONI J. TABER , CMC
City Clerk
------------

DEVELOPER

SEELY DEVELOPMENT PARTNERS
LLC,
a Delaware limited liability company,
By:

Name:

I~ \))~
MegVValke
Title: Vice President
OWNER

TRIMBLE BUILDING A HOLDINGS LLC,
A Delaware limited liability company
By: THC Trimble Building A LLC, a
Delawa re limited liability company , its
managing member
By: ~ LD~
Name:Megalker
Title: Vice President
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

A notary public or other offrcer completing this
certificate verifies only the identity o{ the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

STATE OF TEXAS )
) $$ ,

COUNTY OF HARRIS)
The foregoing instrument was acknowledged before me this _f'__ day of April, 2025, by Meg Walker, Vice President of Seely Development .Partners LLC, a Delaware limited liability company, on behalf of said entity,
Witness my hand and official seal.
d~ ;8~
Notary Public
My commission expires: "~ • :;o- a.a~ 9
e
Tracy Boone
IOTMY ...:-STATE Of TEXAS
IDI • 7 3 2 15 3 8
COIII. UP. 02-20-2029
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. .EX.t::::l l.B J l 8
Exhiblt A- Fees and Credits - Entire Development Site
[see attached]
P.age39 of 1<17
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

EJC hlbit A• Fees and Creditsk Entire Development Site
'' '.
bh: linlJ Elllstl n1 Gron
P~r,on Pet Hou1ini Ho1.1sln1 P.ar~l:l,nd
Typ e of Unh P1opOH d Un11J EMUtln11JnllS Hou1ehotd Hew Population P0pula11Qn N•Clt Populatio n Ctedil Dll!ldlUitl OI\ srn 1s1n11:le r111m1,,o(!t ad11Pdl 0 2 l.310 0.000 6.620 •6.62:0 0.020 0.000 SFA [Sirute F.amlJV Auached)
"'
0 :u10 S09.74 □ 0.000 509.740 0,000 1.i2'9'
MrA51 {Mu lU-Famllv S• UniUl 131a 0 2.l40 1084 . 12 □ 0.000 3CHl4,J20 0,000 9.l.5 2 Totel 1472 2 J59J,1116<1 6.620 3Sl1.24D 0.010 10.712.

Grou , ,rkland OedltaUo n Requif~ d (IUM ) 10.731
£:dslll"!C Houslf"IC Parklal'ld Crt dR (,WU) 0..020
Net Pa1kland Dcdi'-l tlon Rt q\llrtd {actH ) 10.761
Photsc-Credit,
',.,"' - - - -~ - ·--
~-. - -- -
C-alt!-IOrv 6 • Inactive (Uppl!:r llmltl I Catir&;orvA•,Ai;ln/4' Morci th;in S 'ii10flt5 and/o, LHd beln1 Dedl<ated? ,., Yits/Nci I FeahHH Squ;ir,ci Feet Acrea1c C611:lflOIY 8 - lnattl\'e lul"l1d1us1edl 0,000 Atri1!1 I PknicAtH 0.000 C•1c10,y 8 - 1iu,1h'e IUppe-1 Uml\l S.391 AtUII I Private Garden Ptou 0.000 PrlYIU!' r e1 AmeJ1•tv 0,000
f0t:1,I Clltlllttt1tyA-.A r1h11! I 1,.S9A11Ac,es I PrWatl!'/Pu bllt G.luh:-n A•H 65,067 L<9A Tata l Ci1 t1!!1t,cm· l!l • ln,1r1iw: l.11df\l~l111dl I 0 ,00011',e,f_f. I P1N:itci/Puh!k Plua Area 0000 Subtotal Pf iv. Rec . .A(rta1~ I 1,<:!i41Ac~l Spom Couru IHard/5oh GilRW!') 0000 TOl lol/Pl&lf.1\1~, 0.000
I 5,J9JIAcm I Turi Playrni: field 0,000
eu ible Priv. Rit,. Aut1Jt I l ,4j4 Aete.1 Sub Tot•I 65.067 l.494 Ellglbll!' P,lv. Rec, t0 n'l'M,td to Square fttl I ij),067 ISqu,rt ftCI I c,1it!goty B - 11uc1'1/e
I FHltJ11!'i Squ.i1• F1111t Ac,~aa•
Tatar Publlc Parkland Bdt1r1 Oellkofr:d (.Acfr~J I 2,5061 Com1r11,1ni1y Room 0000 To1al Pllbllc Part;l.and B•lng Oed,cattd (convtr1P-d 10Square re~J I 109,153 Flec,e:itlon 6ulld1ny"itoom 0000 Swlmmlna Pool 0000
•,, '91 t lK'hl«IPIV1Clll"'"'Jlr-,-u t #Hl'¥~/~ 1 ...... ~II/J;,#-rl q..-rl Sub Total 0.000 ••q....,.,..,_~, ~r,ic,._1 h ....,_..,-,.l'Woll1,;:,,.,..~+1,,.,_ :s:r~•,_,,,., ,:11le'et1,.., ''.
'Toi .ii Parkla nd Cr•dih In Acr-tJ 4.000
Tot.el P.arkfa nd C,edlls coov111rt ed lo Square FHt
IJ£ o,I RequlremA1nt Mt-t IPriv:att Retr t .:lll ionl 13.85,441!:!m " o,f Rl!'qulre.ment Met ll•nd Dedlc.iUonl I 2.l.24JS66" 1 f ota1 % of ReQ11lremont Mel I 3 7.0960SS,i,I
"' ol O~lcatlon Remaini ni I 61.90~1
-- - ·- - .,.. .
-
--- ·- -- -
Fee Pe.r Unit Allord i,bl e
(Pulll f,om bis tlnJ Un1u Fee
Typl!! ol Unit Number ol P, opo t t d Unili uiUin,t UBili fEES_TA8lE) Grou Fee un1u c,e-dr1 Re-dijuro n SFD [Sin&le F.amily Delathed) C 278 0 S suoo s S 117.600 s S,:A (Slfl,:le fan,l!yAttKhedt 1S4 0 78 0 S 58,800 s 9,0SS.200 s s MF-i\S• (Mut\i-f.amlJy 5• Un11Sl 1]18 0 78 2n s 22.600 s H .786.&00 s - s 2,65S,SOO ••4.,,~-. r llt" I! .. ~ ~11/1,.,~ olll~/ t,t
. "
Gron Pu kl and Imp.act ln•l111u FU {1,472 unlUI s 13,1.42,000 Alf(l tdable Houtin& SOX fee Rc!.cJurti,on (23S ,inllS~ 178 low ln~omc &5,7mClde,a,t1PI s [2.6".500)
AdJuSled Parkla nd Impact ln-l.1"1111 FN s 36,JIIEi,500 hi\lale ftie:,cr-n!icin Cn.dlt 165.067 .!ii:t~,rt (et!t of ru,-,ute: rte.] $ [5,,013,45,5,) l )i:Jst:lng HG1.U.lrig Crf!'cffi (2 exlstlri 1 u,iU.~> s 1117,600! Nat P.11tk1, nd lmpad ln•Ut u faH·
'
J J,055,445
T11rn1i:ey P ■ r k.Cr ·f!' d i t.!i s )9,910,}D!J.4.S Total A'llall;aibhl CtitJ.cllu· I l .. nd tk-lllcalion C'te-dll u.s i\OCl uf li"d ) ! 1e: . ..:i10,3051 P;uk DHilli" & Devl:'1opmern Credit s 111,!JOO.ooa)
Am o11n1 of P•,lc Jee-t Due- $ 11,145, 136

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit Al .a Table 1 - AJ>Plicatlon of Phase Credits and Table to be Completed to apply Tllrnkey Park Credits by Phase fa ble. I . l
'Th11 Form sh<JII beSubmltled to City ar thtt Building PermU .sloge fo r e-ocl) PIJose-, The rurnk ~y Park Crrdlts w/11 be vtlf/ud bv each Phns~, iJ Nva1Jabll!, unlll the tuml<t, Park Credi t.$ Ott! t/lthauued.

The- D~llc/opme.nt consfsts of 154 for -.sa/e ~Jnr,fe-famlly Phaso II Phate llJ Pha1t?IV Phase V Phase VI dtlocloed townhom• Unit, (lht "For Sole Vnir.") ond 1,318 Bulldlng A TownhDmC?s Affordob lo Bldg. Building 8 Building C mu/tr-family opQrtmtirit untu In four separatr buildings (Aportment,) !for Salo UnlUI {Apartment,) {Ap.arfmentl) (/\partmenUI /col/ ecr/Ve/y the •Aponment Buildings"}. rne for-Sole 377 Market R,r e No Mt1 rkctl\ ate '353 Market Rate 353 Market R•l• Unltl and tach Aponm enr 'Sulldin.g will be constrtJctcd In Apar\menls 154 Townhome~ Uni\s Apart(O~r.b Apqrtmt:n tS" ieparal t pfuHe,r(rac.h, a pjPho~t •) 20 Moderate lncorne No Affordable 17!1 Low lncom• 19 Moderate (100'1 18 Modetale {JOO~ (100' 1 AMI) Aparlroents U~ll< Apa,tm e111~ AMII Aportmen•• AMI) AoaintTH~nl'l j!J/Um b 154 Umls 118u mts ,,,, Units- J JI uni ts TOTALS Gross Parkland Impact Fee $ 8,972,200 $ 9,0SS,ZOO $ 4,022,800 $ 8,407,200 $ 8,384,600 s 38,842,000 Credit> I . Ml ordable Units 50',1 RedHclion s IUG,0001 $ > !2,011,4001 s [214,700) s (2(!1,~001 $ (2,655,500) Apphed lo I· PrlVile R\-.'C Cr!!!dit $ (l.313 ,6951 s {JS9,56ll $ {289,325) $ (l.U0,•82) $ (1/-90,391) s [5,0B ,•\~51 lndhlluu•l I · Remove E,l,r lng llou,,ng Ctodlt $ 1117,GOO) s s s $ . s (U7,600i Net Parkland Fees after Phased Credits $ 6,814,905 $ 8,855,639 $ 1,722 ,075 $ 6,972,018 $ 6,690,809 $ 31,DSS,445 /\vallobl e Turnkov Park Credits lo be applied prior to Tlif.~-secfi'on a/ the TabJe is to be Corr,pletl!d and ~,bmltted to Ch~ Cfty's Parks, Recreation and Neighborhood Servkes BUIiding Permlu lor each Ph••• Departme11t f or Verlflc.otfofl of the Appfco1ion of C-ted/ls Prior 1·~ r/1! l.s~uanc, of a Bu1ldfnr, Prrmltfor Each Phase Available I -Land Dedication Credit ($8,410,309) s > ;; $ ~ s Turnhy Park I -Park Construction Credit ($11,500,000) $ s s - s s $ Credit~ I Total $1.9,890,816
Net Parkland Impact In-lieu Fee$ Out! or to be Applied as a Turnkey Park Credit Prior to 15,suance. or a Building Permit $ 6,814,905 $ 8,BSS,639 $ l,722,07S $ 6,972.018 s 6,690,809 $ 3!,0SS,445 Phased C~diU ore eoch opphcabf,: ta thf!Jf specific phase. ~gordleu of .!equence.,, and cannac be applied lo orher PhasP~ • Turnk~/ Park Crt..•dit.s orr :i,iplirrl t., e:och Phase Pm1r lo the tssuar,ce of Buildi.'10 P,umfts Page41 of 147
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit Al .b • Completed 'Table l ' and Application of Phase Credits and Turnke y Park Credits by Phase T•blH . l
,This Form is a compltfed version of 'Tobie 1', ond d~talts how the Tumkeiy Pork Cred/h would b~ diiuJbl ilt.d if thr Phns~ ore constructt-d fn the otdu be/mv {which 1, Utt' ot11lc:lpate-d order.)
The phmn of the Df!Vtlopmcmt could b~ conslructed In Phou.td l Phnelll Phase IV PhaH: V Phase VI thr antlclpot.t!d otdt!r<JJ dt!lal/ cd below or rn a dl/Je,ent Bulldlng A Townhome s Aflo rd•ble Bl~g, Building B 8uil dlnJC ordu , This tablt S'liows: how TurnHe:-y Credit, are (Apartmenr,I (For S111e Units )_ (Ap•rtrnenu ) lllpitrlm ~nts J [Apartments) OJ1 tlt:Ppoted la be opp/led and can be used os on r:.•om.plt> 377 Molr~ct R.1r~ No Mar~ef Rate 3S3 Mar.k:et flair 353 Markel R<1ile of how Turnke., Pork CrtdllJ wJII b£! appll~-s hould the Aparrmel"lt.s l Sil T ownhomes Unll.I Ap;utme," !t Apa,tmentj order of Phase Consu u,1/on chang~ from thtt ontklpa tt d 20 ModC!r.tle lncomt? No Alfo, d•ble 178 Low ln<am• 19 Mod~rate (100% JS-Moderate (lOOll order I 100'1' AMI) Apallments unrts Apartments AMI) AP•rtments AMI) Apartments jg , unns n4Umt s 178Umu -;i /LUmt.5 .:171Unlts TOTALS
G,oss Parkland Impact Fee $ 8,972,200 $ 9,055 ,200 s 4,022 ,800 $ 8,407,200 $ 8,384,600 $ 38,842,000 Crt•dil'i I -AfforrlablP. Units so" Reduclior, s [126,000) $ - s (2.0H ,400) s (214,700) > [203,400) .$ (2,655,500) A,pplied to 1-- Privatl' Rec. Credit s ll,813,69S) .s 1199,5611 s (189,315) s (1,210,482] s (1,490 ,391 ) ~ 15,013,455) lndMdua l I Remnve E)(blinc Houslng_Crmm- s (117,600] s s s . ~ - s [117,600 ) Net Parkland Fees afior Pha,od Credits $ 6,814 ,90S $ 8,SSS,639 $ 1,722,075 $ 6,972,018 $ 6,69 0,809 $ 31,055,445 Availible Turnkey Park Credfl s to be applied prior to This section of the- Tobi~ Is to bl! Comple.trd and Submiltf!d to the City's Purk.s, Recr~otlan and Nrfghborhood Servkes Building Potmlt. lor each Phase o,partm•nr fO( V,r/flcatlon a/the Application of Cr~dits Prior to the Issuance of a Building Permit for Each Phase Available I• I.and Dedication Credit (58,4 10,309) s {6,814,9 05) s {1,595,405) S Tutnkey Park I· Park Constructlon Credit ($111500,000) s - s {7,260,i34) s h,122 ,01s1 Credits I Total $19,890,816
Net Parkland Impact In-li eu fee, Due or to bo Appllod as• Turnkev ~ark Credit Prior to lssuanc.c of a Bulldilll Permrt $ $ $ • P/losed Credh.s ate eoch opplkoble le> their sped/k phase, regordtes.s of .seq1.1!!ncc, ond cannot be applled lo other Phases ' Turnklw Pork Crrdits ore opplil!d lo ~CJC'h Phos~ Prior ta the Issuance of Bulldinr, Penn its Pag~ 42 ol 147
$ . ~ -
$ (2,511,691) s
$ 4,454,321 $ 6,690,809
S (8,410,309)
$ (11,500,000)
S 11,1-45,136
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit
A.2
Site
Map
with
Anticipated
Schedule
of
Phased
Development
and
associated
Parkland
Obligation
, Phase
Credits
, and
Turnkey
Park
Credits
Phase
111154
Single
Family
Townhomes
(No
affordable
units)
Total
Obligation
in
Park
Fees
= $9
,055
,200
Phase
Credits Applied
(Private
Recreation
Credits=
$199
,561
AdjlJsle
d Obllgatton
=
$8
,855
,639
Applied
Amou
nt
ot
Carry
Over
Tur
nl\ey
Park
Credits
from
Phase
II =
• $1,575
,911
Additional
Turnkey
Park
Credits
Applied=
$11
,500
,000
(Design
and
Development)
Total
Amount
of
Turnkey
Credits
Applied
to
other
Phases
$13,075
,911
-($1,
595.405
Turn
key
Park
Cr
ed
its
CaIried
Over
frorn
Phas
e
II+
$11
,500
,000
Design
and
Developmem
Costs)=
$13
,095
,405
Amounl
Phase
Ill
Obligation
is
exce
eded
that
can
be
app
lied
as
a
Turnkey
Key
to
other
Phases
'-'
$4
,239
,766
• $13,075,911
{Turnkey
Pa
rk
Cr
edits)
-
$8
,855
,639
(Adj
usted
Ob
ligat
ion)
=
$4
,239,766
Phase
VI
Build1ng
C
(3
71 market
rate
units
and
18 m
ode
rate
lncome
units)
Total
Obligat
ion
in
Park
Fees
::
$8,384
,600
Phase
Credits
Applied=
$1
,693
,791
Adjusted
Phase
Obllgalion
after
Phase
_
, Credits
Applied=
$6
,690
,809
-$8,384
,600
(Total
Ob!igal
ion}-
$1,
693,791
(T
ota
l Phase
Cre
dits)
=
$6
,690
,809
No
Turnkey
Park
Credits
available.

Park
Fee
Pay
m
ent Due
lo
the
City
: $6
,690
,809
Phas
e
V
Building
B
(3
72 Multi
·Fa
m
ily
Units
•
353
market
rate
un
its an
d
19 moderate
income
units) Tota
l Obl
igation
(in
Park
Fees)=
$8
,407
,200
Phase
Credits
Applied
::
$1,435
,182
• $214
,700
(Affo
rdab
le
Hous
ing
) +
1,220.482
(Private
Recreation
Credits)
$ =
$1,435,182
Phase
IV
-Affordable
Housing
Apartmen
t
Building•
178
units
Total
Obligation
(in
Park
Fees)::
$4,022,88
Phas
e
Credits
Applied=
$2,300
,725
-$2,011,
400
(Affordab
le
Ho
using)
+
$239.3
(Pri
vate
Recr
eation
Credits
)=
$2
,300
,725
,-----+-1Ad
jus
te
d
Ph
ase
Obliga
tion
after
Ph
as
e
Cred
its
Adj
usted
Phase
Ob
ligation
after
Phase
Credit
App
lied
=
$1
,722
,075

PUBLIC PARK
Ap
plied::
$6,972,018
Ca
rried
Ove
r Turn
key
Park
Cred
its
from
Phase
IV
=
S2
,517,691
Carried
Over
Turnkey
Park
Credits
from
Phase
Ill
$4
,239
,766
Phase
Obliga
tion
is f
ulfilled
for
Pha,s
e
IV
and
$2
,517,691
in
Turnkey
Pa
r1<
is Ava
ilable
for
other
Phases
djuS1ed
Phase
Obligation
after
Carried
er
Turnkey
Park
Applied
=
S4
,454
,327
"

1. -
...
--
. -, ... _ ... ___
·-
...
_
_ .. ,. ~ ., ·-·,--·
1 ~1
Tu
rnkey
Park
Cred
its
thal
can
be
applied
10 ,
K
•
\
oth
er
Phase
s~
S2
,517
,691
"
..... '<T
Phase
I· SJ
Mu~
....-+----1
Water
We
ll -Not-;ra
of
th1s
Pro
ject
N/f
Phase
II· Building
A
(397
Mu
lfi-
Fa
mlly
Un
its
-377
market
rate
un
its
and
20 mo
derate
income
units
)
i:::. ;-,,
,
H
Total
Obligation
in
Park
Fees
$8,972.2
~J
111_y
I It,tyi
I t(:j
111:1
~
'
~
,.

Phase
Credits
Applied::

S2
,157
,295
-$226,0
00 (
Afford
able
Hou
sing)
+
1 1
$1
,813
,695
(Private
Recreat
ion
Credits
)
-
...,~ _
_,.
$11
7,6009
(Existing
Hous
ing
)
, ~
H --
i
Adjusted
Obligation
=
$6,814
,905
~
! Turnkey
Park
Cred
its
App
lie
d toward
~"'-,..
f
Ad
justed
Ob
ligat
ion•
$8,410
,309
(land
/Jl;:::,r:;i,=:;:#:,:c:;:::.L
...j::
cost
credits
)
-Overall
Ob
ligation
for
the
Entire
Project
in
Park
Fees•
$38
,842
,000
t-----1
· To
ta
l Phase
and
Turn
key
Cred
its
App
lied
$27
,677
,368
7 ._':'.:::

J_;:'.
··~
~
Am
ount
Pa
rkland
Obligation
is
Exceeded
after
App
lying
Turnkey
Cred
its
~
• S1
,595
,405
-Phased
Cred
its·
$7
,786
,555
• Affo
rdab
le
Ho
using
-235
unit
s $2
,655
,500,
Private
Re
creat
ion
-65,067
SF
$5,013.455
Two
Ex
isting
Hous
ing
Units·
$117,600
-Turnkey
Park
Credits•
$19,910,309
• Total
Park
Fees
Due
to
the
City
after
all
Credits
are
Applied
-S11
,145
,136
Exhibit
A
is
for
illustrative
purposes
. Phasing
may
be
altered
by
market
conditions
or
construction
logis
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit A.3 Phase II Building A - Parkland Obligation , Phase Credits, and Turnkey Park Credlt.s Typ 1111 of Unit
SFO (Single Familv Delachedj
SFA ISingle FamilV AHadied
MFAS ♦ (Multi-Family St Uniu )
Total
Gross Parkland Df!:dfc-a.tlon Required (.ic-re.s)
Existing Housing ParklaM Credit (acte-s}
Net Paridand Ot.dlcat lon Rtqu Jred (acres)
C'.lte&Ol)I 8 • ln,iid]VI! (Upper llmllj
Mor t! than S Stories .ind/or Land beillg Dedicalcd;:

Category B • lnac:tiv~ [uf\ilod]\lsted )
C--all.!gory B • lnu1l\le (Upper limil)
Subto tal Prlv. Rec. Acreage
Ell Ible Prlv. Rec, Acu!.aC<!
Ellglble: Prh1. Rec. converted to Squar~ Feel
TottJI Public Po1Jtlond 8~lng Dedicated (AcrC.J}
iota l Publlc: P~rkland Being Dedicati!d (convtined to Sqviire feet) •~,,rtrH1~t,t~r,......,, r, ,ut1SO!ijiof1or~~•A.'c.ndlN11kwf,or.,,.-q--,r4 ••1/,.,,_fl~~,dtatH..DU,n~u Uf"'flH#r,., -,.,ro,.n11Y,G1n,':lr,1111.vlr rrc,1a""-""t•Nf-l Total Parkla nd Credits In Aue 5
Total ParkJiilnd Cfedlt.s tonverted to Squa re Fe.el
" of Requlrt mtnt Met (Ptlvate Retre:it JonJ
~ of Requirement M<'l (lafld Ocdlc-.ollon}
Tot 1tl % or Reqdlremtnl Mel
% of Dcdlcal ion Remalnlnr:

Type of Unit
SFO {Slngte Family Oelc1ched)
SFA (Single Family Altached}
MF.AS+ (Mul!Hamily S+ Units)
Nl.'l Pi11rkl:111d Fee.s after Phased Credits
L~nd Oedic ■ t ion Credit 12.s o1c:res of 1,.-.nd dNlk:.Jt!on cr~dlH Park Oes.fgn F.i Dhelopmf!nl Bud,i I
Nel Piirklam:f lmput tn,Uau Fu (owed to City)
Cre.dll Carryove r to Nut Phase
Proposed Unlu
Yes
l97
)97

2.787

0.020
2,767
E1dS'Ung
lln lU
'ies / No

0.403 Acre.s-
hhtins
Numb er of Proposed Units Unil s
Peno n Per
Household

3.310
l ,310
397 78
8,111 0,300
(11595,40SJ

New Populallon

0.000

0.000
928.9
,Z8 .980
Features
Picnic Arca
Priva te Garden Plots
PrT\IMe: Pel Ame:n1tv
Pri'Vat~/Ptlbric G1,den Area
Priv11t~/f'ubllc. Pl11a A..-eii
Sports Coutli (tb rd/Sofi Gam )
rot Lo1/Plav Are.1
Turf Playillg ri@ltf
Sublota1
Category 8 • lnn tlve
Featu..-e~
Communit y Room
RecreatioJ'1 Bu1ldi.nefRoom
Swimming roo t
Sub Total
Existing
Housing
Population

6.620

0.000

0.000

6.620
Squue Feet
4,651
333
1,009

5.991
Squ11re Feet
10,657
2,293
4,596

17.546
Net Or.l!tlnt
Gron
Parkt.ind
Populatio n Hovslng Credit Oedlc:aUon

6.620 0,020 0.000
0,000 0.000 0.000
928.980 0.000 2,787
922.360 0.020 2.787
Ac..-eage

0.107

0.000
0008
0023
OJJOO

0.000

0.000

0.000

0.138
Acreage

0.2'15
O.OS3

0.106

0.403
Afford able
histi ng: Uriits Unils Fee
Gron: Fu Cledlt Reduttlon
117.600 $
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. own omes ar an
b[Ulng Gross
b .lstlng Petson IPer Hous1ng Net bls tln& Housing Parkland Typi: of Ufdl Propoltld Units Units Household New Population Population Population Crll!dlt Dedication SFO (Single Family Oe1ached) 0 2 .3 .310 0.000 6.620 -6,620 0.020 0.000 SFA (Single F,rn,ilV' Atu1ched) ' " 0 3 .310 50~.740 O.OOD 509.740 0.000 l.S29 MfA5• jMulti-famtt._i S-+ Urilts) 2.340 0.000 0.000 0.000 0.000 0.000 Total 154 509.740 6.620 503.120 0.020 L529
Gross Park.land Oe-dJratJon Required l.tc:re1} l .S29
Exisling Housina Pa.,Jc:lind Credit tacres) o.oi.o
Net Parkland Dedication Rt!:qulred (acres:} l .SCl'l
category 8 • lnilctlve (Upper llmltJ Category A -Ac:tlrte Mo,e tha,n S Stories ind/ or Land being Dedicated i Ve> Yl:!'5/ No Feature s Squa,c Foct Acreage ca1l!torv B • ln.ilc.t1"'e [unadjust ed) 0.000 Acres Picnic Area 0. 0,765, Acres Privat'- Ciairden riou o.

Private~• Anien.nv 2,590 0,059
Priv-t11e/~blic G.m.len Are.1 0.000
P, iv:ue/Publici Pl;)lt A..re3 0000
Sub\ol"al Pr1v. Re.t. Aitire.tg~ Sporl '5 Couth [HIUd/SOfl G:ul'le) 0.000 Tot Lot/P1;,y A• ,o 0.000
Turf fllaylng flelcl 0.000
£Hgible Prlv. Rec. Acreace SubTolal 2,5!}0 0.059
EH.i:lble Prlv. Rec. c:on1,1erted lo Square Feel
Categorv O • ln1t1.lve
Featuru Square Feet AUH&e
rotol Pt1bllc Patkfofld B~lng Dedicated (Aer~s) Commun ity Room 0.000 Total Public ParS:..land Being Dedicaled (tOOY(!fled to Squar~ FC!ct) Recre.ition Boilding/ROOl't\ 0.000 swrmming Pool 0.000
'h~t4 ll«41,;M,.,,,llwl CllnllO.lhf tr4 !,,0'11,,.ofrotQl'F"1"i....UlffilC".:tf.....,,_,II Sub Total 0.000 • •q lgf>dls 1N.t.:i1111,,<'lrN OJf l"lldr,,., ctlf'tl!,ffr r,ll ,., cDfrn 1~ ,M .. \J!t ~r.wr ,t<,cahiHI atcSL Tota l Parl'ilan.d CrcdU-s In Acres
Tota l P1ukl;;1,nd Crcdlls con\lerrecl 10 S"quilre F,e,f!'t " of R@quirem~nl Ml!:l ltand Oeo'lcatlon]
% of Ded ication Rem.alnlno
Fee: Per-Unit
b.i$ting (Pulls from bbting Units Un1U Fra
fYp tr of Unit Number of Proposed Units Units FEES TABLE) Gross f C!:CI Credit Reduction SFO (Slngle F,iimlly Oel-iichrd} 0 0 78 0 S 58,800
SFA (Single Family Au achedl lS4 O 78 S SS,800 59,055,WC MFA.5-+ (Multi-Family 5• Unitsl s s
9,0S5,lOO
193,561
Net P~~ltland r°HJ arta r PhHed Cro-clrti 8,855, 639
lan d Oerlicallon Ctedll IN/A)
Pa,k Design & OC!v~klpmit!nt St.u1,gtil fl\1,iilied Here] J l ,500,000 s 1,595,40S
Net Parkland l.mpad ln•Ueu Fee. (owtod to Cit\')
Crl!dlt Carryover 10 Next Phase (4,239,766)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit A.S Phase IV Affordable Housing Building - Parkland Obligation, Phase Credits, and Turnkey Park Credits Type of Unit
SFD ISlogle Fomllv DeliKhed)
SFA [Sln&le famlly Arn1,hcd)
Total
Gros.s. Parkland Dedication Required (acres~
Exi~ling Housing Patti.and Ctf!dlt (acre s)
Net Parkli!lnd Dedication Required (acres)
C'atingori.i 8 • Inactive (Upper Jimll)
More than 5 Slories. and/or Land being OOOk:otcd?
Ca\egDrV e - I n.-ic.U\.'I! [Upptr limit)
Total C;ite1ory A • Acll\11!
Toi-al Ca1e1ory D - lnuUvw (adJuUC!d]
Subtot:al Priv. ftec. Acreage.

Ellg1ble Prh.i. Rl'.!c. Acre-ae,t:

EUglble Priv. Rec, ,onverted to Square Ft:!t:t
rotol Public PtJrl.lond Sting O~dlcoltd (AcrH )
ro,al Publk ParlU<md Belr1g Oedic.at~d (converted to Square Feflt) •Pfl'«Jr,r ,rtt~ar..o,,, (,.,,:,,r "1"\1'1<1.1 t .,mo SOc\ o/ ''°'a l r,,'l'"" drd,r:g,J,fJ/1 ~-~ ~d • ' t/fli~riir,,M,ln, 4PJl'ffltrd Cllf mini 6rl ( 11f#Ud 10 t0ttf"n1 1 t,111'.W:•tt i,,-,,~1• ~ltffrJ-i'G..~ (U;f. t Tota l Parldand Credll s In Ac.res
Total Pii!rlr:land Credils converted to Squ.m~ Feet
"or Requirement Mi!t (Pri 'ilat,e Reuea1io n)
% of Requlrt:menl Mel (Li!Jru:t Dedication)
Total % of Requirement M el
% or DlildiUtion Remaining
Type:of Unit
SFD (Slngl~ Famd'y o,u1ched)
MFAS..- (Mulli-Family S,t Units)
Gross Par~fond Impact ln •lti:!u Fae (178 mult lfamlly 1.1nltsl Affordilblt'.' Housloe 509' Ft~ Reduc:hon
Prlv.t e R.ecrc,1Ucm Cuidlt U,7'5S squa re! rt-et of prlv;. te ,e,) Net Pl1:rldand Feiu t1her Pha5ed Cre.dits
Land Dedicati on (t(!di t LN/A\
Park Design & OE!Vi?k>pmenl Budgel (N/A)
rumkey Cn>dirs rec,dvt!d /tom Prtvrous Pho1f
Ne-t Pnkland Impact ln•Lll:!:u Fu (owed to CUy)
C,-edh C.arryoYer to N!ir:t Pha~~
E:id5tlng Person Per
Proposed Unru Units Hou$ehold

3.310

3.310
178 2...340
Yes
hist ing
Number of Proposed Units Unils
178 7B
4,022,BOD
Z.011,400
1,722,075
·1,139,756
IZ,5J7,691J

E:idnlng
Housing Net
Nt:w P'opulmtlon PopuliiltiOn Popufa.tion

0.000 0.000 0.000

0.000 0.000 0,000
416.520 0.000 416.520
416..520 0.000 416.5?0
Category A - Ae1fve
Foaturns Square FeE!t Ac:r@age
Pl(nit-Att:1 l.37l 0,031
Prll/'311! Gord1:1n Plots 0 ,000
Prlva1@ P@1 Amenity O.OOll
D,000
Prlv.-le/Putitlc Pli'!lll Area 0,000
Spoth Cou,ts IHard/Soh Game} 0.000
Toi lot/Plav Area 0.000
a.om,
1,372 0.031
category 8 • Inactive
Features Square Feet Acreage
Community Roon, l ,18" 0 027
Recrealion BLJilding/Retom 1,199 0.028
Swim min,g Pool 0.000
Sub Tota l 2,383 0.055
Fee Per Unit
IPull, from
FEES_TABLE) Gross Fee
0 $
$
178 $ l2,60D S 4,022,800
E1dsllng G·ron
Housing Parkland
Credit Dedication

0.000 0.000

0.000 0.000

0.000 l ,2SO

0.000 1 ,ZSO
Existi ng Affordable
Units Units Fee
Credit Reduction
S 1,01 1,400
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit A.6 Phase V Building 8 Parkland Obligation, Phase Credits, and Turnkey Park Credits E~isting Per.son Per
Type of Unil Proposed UniU Untts Household
SFD 1s; ngl• Fomily o.,.,hed I l.310
SFA !Single Fiitrnllv Attached) 3.310
MFASt (Mvltl -famil y Si Unils) 372 2,340
Tot:al 312 0
Gron Parkland Dedication Requlr~d {atrci)
Existing Housing Parkland Cred'll (aaes )
Net Po1rkland Oedicat lol\ Required {a.c.res)
Category 8-lnactive (Upper llmltl
MOfC tll::in 5 SLories ;Jt,d/or L.md being O@dlcJted ?
Category a• Inactive (um1dJus1edJ
Total c.-1rgory A - Aclh1e
Total Cateiory 8 • Inactive (iJdjuslcd l
S1.1btot-al Prh1, Rec. Acre4)ge
£11glbla Priv. flee . At:r~:1~e.

Eligible Ptlv . R.cc. corwerted lo Squaire Feet
Total Pt,blic Parkro11d Being Deditotf!d IAc.res}
Totitl Publlc Pi11kland' Being Dechcated (convt,r~d to SQUilre F-eel) "Po~ur, ,n,tar .an urd 1 ,""'"-Pl ui:-.-,11 ~ .i roe al sm1W,nf...,"11t~ ,~.q,.,.,., 111 • · 11 l,alld I f!t ,i,g41"h1karr d,, fJ JjJ ,i 11.11~ w- t~liud jtll l(ltlffilt , -,rn.'Jl rt" jlr,;i,J ,t' IHU~ll,lit f/'f'lll t Total Parkland Credits rn Acre.s
Totill Parkland Credits tonverted to Square Feet
% of Reqt.ilrement Mel (Prlvilte Re-c-reatiDn
% tif Reiqulreme nt Ml!!t (Land Dedicat ion}
Total% or Requirement Met
% ol Oedlc-atron Remaiinin1
Existing
Type of Unit Number of Propo5ed Units Unlt s:

SFD (Single. f:Jmify Detached)
SFA (~ ngle Family Allache-d)
MFAS+ (M\Jlll-Family S+ UnUs) 372 7B
Gron Parkland 1mpiltt In-Lieu Fe~ (312 muhlfamily units) s 8,407,200 Affo rdable Hou5ing 5°" Fiet ~td L1ction s 214,700
Private RecreatTon Credit (1 51840 square feet or priva1c rec} s 11220,482 Dc:l!iling Hou5.1flB-C,l)'d•I IN/Al s
Nel Parkland fe @J. ;,[U•r Ph;a.u:d Cr~dlts s 6,972,018 L;ind Ded/c.it1t1n CrP!dit" {N/..AJ s
Park.Oeslen & Deve1Qpme,1t Budget (N/A) s
Tvmkey Crt-dlU recei1,1rd Jtom Pre"Jious Pl,rat.' s 2,5 17.691 Net Parkl.and ht'lpacl ln-Ueu Fe-e (owed lo City) s 4,454,327 Credit Carryover to Nrxt Phase s

Existing
Housing
New Popul~tron PopulilUon

0.000 0.000

0.000 0.000
870.480 0.000
870.480 0.000
Features Squa.re Feet
Picnic Area
Priv.1te Garden PloU
Privi:itl!' Pl'I An"rnllV 308
Private/Public Gilrden Area
Privale/Pubtk Plaza Alea
Sports Ct:t!.irt5 (Hard{Sofl Gilme]
Tot Lot/Pla1' Area
Tu1f Playlns Flcld
Sub Total 308
Cate,:ory s • Inactive
Features Square. Feet
Communi1v Room 7,719
Re-ueatlon Building/Room 2.S17
Swimming Pool 5,296
Sub Tomi l 5.!i32
Fee Pu Unll
(fulls from
FEES_TABLE)
0 $
0 S
19 S 22,600
Nel
Population

0.000

0.000
870.480
870 . .&:Um
.Acreaev:

0. o.

0. 0.007
Acruge

0.\77

0.0S8

0.121
0,3!;1
Gron.Fee
s s s 8.001.100
Exi.sting Gron
Hou~ing Po.lrkland
Credit Oedic.ation

0.000 0.000

0.000 0.000

0.000 l.611

0.000 2.611
Existing Affordable
Units: Units Fee
Credit Reduction
s s
s s
s S 21,. 100
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit A. 7 • Phase VI Building C Parkland Obligation, Phase Credits, and Turnkey Park Credits Typ e of Uni t
SfO ISlogle F,mllv o ... , htdl
SFA (Single Family Altachod)
MFAS ♦ [MUIU-Fimlly 5-t UnlU]
To tal
Gross Patklitnd Oedfca1'on RaqulrC!d (acrt!.~)
Existing Housing Patk.lM d Ctedit (acro-s}
Net Parkl.tnd Oedlcallon Require d (acres)
Cat ecorv a• Inactive (Upper llmitl
More than 5 Sa1ries and/or land being Dedicoted?
Ci tegory B- 1t,,1crlve {un1d]us1Pd}
C.i"gory 8 - Inactive (Upper Um,t)
Tota l Category A - Active
l'otil l Category B - Inactive {adjusted)
Subtota l Priv. Rec. Acreage
Ell1ible Prlv. Rec. Ac1tage
EllaJble Prlv. Rec. converted to Squa re Feet
Total Public Portland Being Oedi'coted (Aue J}
Tot.ii Public Parkland Being Oedluited (c<mYerled to Squaire F@~t) " Pr,\\,Jt r.r(tto!.li:ln , ,u,r tO""-'I ,,.u,, ~ ~ '°'"J 111111il'an;:, ~"~~~ ,.r.., .,,t ' 'IJ ~k bc-kf drlAt.fJ!rd,, Dl9 rn-.. ,t Wr~~thl /,;!I flll<lttllytaYloMt" 11-'•••11 ,~mo,,l)ft tJld,r Total Patk land Credits In Acres
Tota l Parkland Credits co nverted to Squar~ Fee t
% of Requlreme rll Met (Private Retrl!atio nl
"of Requirement Met (Land Dedication)
Total % of Requlr~m,ent Met
% of Dedicalion Rtm.alnint
Type of Unit
SFD ISingle Fctmily Oetached)
SFA {Single F,unily Atliched )
MFAS+ (Mulll-F;amily S ♦ unrtsl
Gross P.o,,lcland lmp.acl ln-Ueu Fee (371 multlramily units) Affordable Housing 50% Fee Recfuclion
Prlvaur Recre.oulon Credit 119,343 square feel of private rec) Nel Parkland h es after PhaHd Cr11dlts
L.tnd Dedlct11Jon Credit (N/A]
Park Design & Development Budget lN/A)
Turnke Credit rece;i/ed /tom Ptt!vjous Plran .

Net Park land Impact In-Lieu f l!'f (owed l o Cilv)
Credit Carryover ta Nellil PhHt:

E):lstlng Pe.rson Per
Proposed Units Units Houu•.hold

3.310

3.310
371 2.31'0
311 0
Elcl$ling
Number of Proposed Units Units
371 79

New PoputaUon

0.000

0.000
868.140
868.140
Private Garden Plois
P1rvate Pe, Amenity
P,lv;ne/Publl c G,rn::le:n Are.i
Spotts Covru (HY:rd/Soli Game)
Tot Loi/Pl ay Area
T urr Playing Field
Sub Tol ill
Calegory 8 • Inactive
Feature.I:

Community Room
Recreation Bulldlng/Aoom
Swimming Pool
Sub Total
18 Existing Existing Grou
Housing Net Hou1lng Par~l.ind
Po pulation Populatlon Cr~dlt OedlC.ltlon

0.000 0.000 0.000 0.000
0,000 0.000 0.000 0.000

0.000 868.140 0,000 1,604

0.000 B68,14D 0.000 2.6011
Square Feet Acruge
2,181 0,05D

0.000
306 0.007

0.000

0.000

0.000

0.000

0.000
2,487 0,0,1
Squa re Feet Aueage
7,563 0.174
::l,483 0.057
6,810 0.156
16,BS6 0.387
Fee Per Unit Existing Affo rd able
(Pulls from Units Unit s Fee
FEES_TA8LE) Gro5s F'ee Credit Reduction
s s 5
$ $ $
22,60D $ 8,384,600 $ $103,400
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

EX Bl B
Conceptual Park Master Plan
[see attached ]

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit B -Conceptua l Park Master Plan

GREATL/IWN
lL
'C T,
,,I l
11 I
,1)
}
11€DAUOII \\'AUi

THWEO P'IAY
!OS! ORICAU.Y SIG(,1r1CJVtT

TREE SPECIES
The fully impro ved park will include , at a minimum, the following as shown on the Maste r Plan: 1. Large turf -lawn area ; 2. Children 's play areas, includihg elements appropriate for 2-5 and 5-12 years of age; 3. Historic interpretative Plaza; 4. Themat ic design elements that are reflective of the history of the site; 5. A dog park with separate areas for large dogs and small dogs ; 6. A public plaza ; 7. Pollinator gardens; 8 Pickleball Sports Courts ; 9. Pedestrian and bike paths; and 10. Outdoor fitness area

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exh
ibit B.

1.-
CitY
Approved
35 %
construction
draw
in
g
plan
set
r1~~-
ISSUES
AND

REMARKS
~ I

LANDSCAPE

ARCHITECTURAL
SHEET
INDEX

ABBREVIA
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&

SYMBOLS
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exh
ibit B
.1.
-City
Approved
35 %
constr
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drawing
plan
set
GEN
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CONDITIONS
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DRAINAGE
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

EXHIBIT 8 .2 - PARK DESIGN AND CONSTRUCTION REQUIREMENTS (To be completed and complied with by Apartment Developer only as to Park Improvements)
SECTION 1. DESIGN AND CONSTR UCTION REQUIREMENTS.

A. PLANS AND SPECIFICATIONS.

The design for the Park Improvements must be consistent with the conceptual design for the Park Improvements as depicted in Exhibit 8- "Conceptual Park Master Plan" and Exhibit B.1 ("35% Construction Drawing Plan Sheets). Deve'lopers shall design and construct the Park Improvements in accordance with City Design Guidelines, the California Building code and the following:

1. City's Standard Specifications and Standard Details, dated July 1992 ("City's Specifications"), as may be amended from time to time, and on file with City's Department of Public Works, Architectural Division. Section 1 and the Technical Provisions of City's Standard Specifications (Section 10 through and including Section 1501) shall be applicable to this Agreement. References in the Standard Specifications to "Developer" shall be deemed to mean "Developers."

2. City's Turnkey Park Standards for Park Design & Construction; dated 2001 ("Turnkey Standards"), as may be amended from time to time, and on file with City's Department of Public Works, Architectural Division. In the event that the Developers do not submit the ninety percent (90%) Project Specifications (as specified in the Turnkey Standards) for the City's review and approval within eighteen (18) months of the Effective Date of this Agreement and the Turnkey Standards are then revised, Developers shall design and construct the Park Improvements in accordance with the revised Turnkey Standards.

APPLICATION OF PLANS AND SPECIFICATIONS .

1. City's Specifications, Turnkey Standards a nd the Project Specifications shall be collectively referred to as the "Plans." The Park Improvements shall be constructed in accordance with the Plans.

2. In the event of a conflict between the Turnkey Standards and the City's Specifications, the Turnkey Standards shall prevail.

3. The provisions of this Agreement supersede anything to the contrary 1n either the City's Specifications or the Turnkey Standards.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

PROJECT SPECIFICATION APPROVAL PROCESS.

1. The Project Specifications shall be submitted in a timely manner in order to ensure that the Developers complete the Park Improvements on or before the completion date specified in this Agreement. The Developers shall not construct any Park Improvements unless and until the City's Director of Public Works ("Director of PW") has approved the Project Specifications in writing. The approval process for the Project Specifications is more particularly set forth in the Turnkey Standards,

2. The City's approval of the Plans shall not release the Developers of the responsibility for the correction of mistakes, errors, or omissions contained in the Plans, including any mistakes, errors or omissions which may be the result of circumstances unforeseen at the time the Plans were developed or approved. If, during the course of construction of the Park Improvements , the Director of PW determines in the Director of PW's reasonable discretion that the public safety requires modification of, or the departure from, the Plans, the Director of PW shall have the authority to require such modification or departure and to specify the manner in which the same may be made. The Parties acknowledge that the Plans, once approved by the Director of PW, shall be final and that, except as expressly provided in this subsection, no revisions to the Plans shall be permitted for any reason whatsoever .

SECTION 2. PARTICULAR CONSTRUCTION REQUIREMENTS.

A. DEVELOPER SELECTION.

Developers may hire and contract with one or more contractor or subcontractor, licensed to perform such work in the State of California.

B. PREVAlk lNG WAGE REQUIREMENT.

1. General Requirement: For all construction work on the Park Improvements, Developers agree to comply with the prevailing wage requirements set forth in Sections 7-1.01A(2) through 7-1.01A(3) of the City of San Jose, Department of Public Works, Standard Specifications , dated July 1992 ("Prevailing Wage Requirement''), as may be amended from time to time.

The Prevailing Wage Requirement is incorporated into this Agreement by reference as though set forth herein in their entirety. The Developers acknowledge that it has reviewed the Prevailing Wage Requirement and is familiar with its requirements.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

2. 3.
4,
Contractors and Subcontractors: The Developers shall expressly require compliance with the Prevailing Wage Requirement in all agreements it enters into with contractors and subcontractors for construction work on the Park Improvements. The Developers acknowledge and agree that they are responsible for compliance by their contractors and subcontractors of the Prevailing Wage Requirement.

Reporting Obligations: Notwithstanding anything to the contrary contained herein, Developers are not obi gated to submit to the City copies of payroll records, or any other records required to be maintained pursuant to the Prevailing Wage Requirement, until the City requests such records. The Developers shalf provide to the City, at no cost to the City, a copy of any and all such records within ten (10) working days of the City's Office of Equality Assurance request for such records. In responding to a request by the Office of Equality Assurance, the Developers agree that it is responsible for submitting the records of any and all of its contractors and subcontractors.

Indemnity: The Developers shall indemnify the City for any claims, costs or expenses which the City incurs as a result of the Developers' failure to pay, or cause to be paid, prevailing wages.

C. REMEDIES FOR DEVELOPERS' BREACH OF PREVAILING WAGE
REQUIREMENTS.

1. General: The Developers acknowledge the City has determined that the Prevailing Wage Requirement promotes each of the following (collectively "Goals''):
a. It protects City job opportunities and stimulates City's economy by reducing the incentive to recruit and pay a substandard wage to labor from distant, cheap-labor areas.
b. It benefits the public through the superior efficiency of well-paid employees, whereas the payment of inadequate compensation tends to negatively affect the quality of services to the City by fostering hrgh turnover and instability ln the workplace. c. Pay workers a wage that enables them not to live in poverty is beneficial to the health and welfare of all citizens of San Jose because it increases the ability of such workers to attain sustenance, decreases the amount of poverty and reduces the amount of taxpayer funded social services in San Jose.
d. It increases competition by promoting a more ·level playing field among contractors with regard to the wages paid to workers,

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

2. Remedies: The City and Developers recognize that the Developers' breach of the Prevailing Wage Requirement set forth above will cause damage to the City by undermining the City's goals in assuring timely payment of prevailing wages and will cause the City additional expenses in obtaining compliance and conducting audits, and that such damage would not be remedied by the Developers' payment of restitution to the worker paid less than the prevailing wage. The Developers and the City agree that such damage would increase the greater the number of employees notpaid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and the Developers further recognize the delays, expense and difficulty involved in proving the City's actual losses in a legal proceeding , and mutually agree that making a precise determination of the amount of City's damages as a result of the Developers' breach of the Wage Provision would be impracticable and/or extremely difficult. According ly, the City and the Developers agree that:
a. For each day after ten (10) working days that the Developers fail to completely respond to a request by the City to provide records as required under Section 2(b), of Exhibit 8.2 ('' City's Design and Construction Requirement") of this Agreement, the Developers shall pay to City as liquidated damages the sum of TWO HUNDRED FIFTY DOLLARS ($250.00); and
b. For each instance where the City has determined that the Prevailing Wage Requirements were not met, the Developers shall pay to the City as liquidated damages the sum of three (3) times the difference between the actual amount of wages. paid and the prevailing wages which should have been paid.

3. Audit Rights. All records or documents required to be kept pursuant to this Agreement to verify compliance with the Prevailing Wage Requirement shall be made available for audit at no cost to the City, at any time during regular business hours, upon written request by the City Attorney, City Auditor , City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to the City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is m utually agreed upon, the records or documents shall be available at the Developers' address ind1cated for receipt of notices in this Agreement.

4. Remedies Cumulative: The remedies set forth in this provision of the Agreement are cumulative and in addition to any other remedies set forth in the Prevailing Wage Requirements or otherwise permitted by law.

Apartment Developer Initial: Mf.vU City Initial:

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

2. Remedies: The City and Developers recognize that the Developers' breach of the Prevailing Wage Requirement set forth above will cause damage to the City by undermining the City's goals in assuring timely payment of prevailing wages and will cause the City additional expenses in obtaining compliance and conducting audits, and that such damage would not be remedied by the Developers' payment of restitution to the worker paid less than the prevailing wage. The Developers and the City agree that such damage would increase the greater the number of employees notpaid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and the Developers further recognize the delays, expense and difficulty involved in proving the City's actual losses In a legal proceeding, and mutually agree that making a precise determination of the amount of City's damages as a result of the Developers' breach of the Wage Provision would be impracticable and/or extremely difficult. Accordingly , the City and the Developers agree that:
a. For each day after ten (10) working days that the Developers fail to completely respond to a request by the City to provide records as required under Section 2(b), of Exhibit B.2 (" City's Design and Construction Requirement") of this Agreement, the Developers shall pay to City as liquidated damages the sum of TWO HUNDRED FIFTY DOLLARS ($250.00); and
b. For each instance where the City has determined that the Prevailing Wage Requirements were not met, the Developers shall pay to the City as liquidated damages the sum of three (3) times the difference between the actual amount of wages paid and the prevailing wages which should have been paid.

3. Audit Rights. All records or documen s required to be kept pursuant to this Agreement to verify compliance with the Prevailing Wage Requirement shall be made available for audit at no cost to the City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to the City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be available at the Developers; address indicated for receipt of notices in this Agreement.

4. Remedies Cumulative: The remedies set forth in this provision of the Agreement are cumulative and in addition to any other remedies set forth in the Prevailing Wage Requirements or otherwise permitted by law.

Apartment Developer Initial: City Initial:

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

D. CONDUCT OF WORK.

1. Appearance. The Developers shall maintain a neat and clean appearance to the work at the Park Site. When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling of disposable material is necessary, the material shall be retained in an area not readily visible to the public in a manner meeting the reasonable satisfaction of the Director of PW.

2. Condition. The Developers shall maintain the Park Site in a neat, clean, and good condition prior to the City's acceptance of the Park Improvements.

The Developers shall not dispose or cause the disposal of any Hazardous Substances on any of the Park Site. Additionally, the Developers shall take reasonable precautions to prevent the disposal of Hazardous Substances by third parties on any of the Site. The term "Hazardous Substances" is defined in Section 3 (A)(2) of this Exhibit.

3. Emergencies. In an emergency affecting the safety of persons or property, the Developers shall act reasonably to prevent threatened damage, injury, or loss. The Developers shall immediately notify the City by telephone at the telephone number as directed by the City's Director of PW and in writing of such actions.

E. ACCESS FOR INSPECTION.

1. Access. The Director of PW and the Director of PW's designated representatives, including without limitaHon, staff from other City departments, shall at all times during the progress of work on the Park Improvements have free access to such improvements for inspection purposes. If the Director of PW determines that all or any portion of the work done on the Park Improvements is not in compliance w.ith the Plans, the Director of PW shall notify the Developers of the same and the Developers shall promptly cure such defect to the Director of PW's reasonable satisfaction. Such notifications shall be made to the Developers and his on-site representatives to not unduly interfere with ongoing construction work.

2. Representatives.
a. Pdor to commencement of work on the Park Improvements, the Developers shall designate in writing an authorized representative who shall have the authority to represent and act for the Developer.

When work is not in progress and during periods when work is suspended, arrangements acceptable to the Director of PW shall be made for any emergency work which may be required. In addition,

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. the Developers shall provide Director of PW with the names and telephone numbers of at least two (2) individuals in charge of or responsible for the work who can be reached personally in case of emergency twenty-four (24) hours a day, seven (7) days a week. b. The Director of PW shall also designate one or more authorized representative who shall have the authority to represent the Director of PW. The Developers' authorized representative shall be present at the site of the work at such reasonable times as designated by the Director of PW. Prior to the commencement of the work, the Parties shall mutually agree to an inspection schedule, which schedule may be adjusted from time to time by mutual agreement.
c. Whenever the Developers or its authorized representative are not present on any particular part of the work where it becomes necessary to give direction for safety reasons, the Director of PW shall have the right to give such orders which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. Any order given by the Director of PW will on request of the Developers be given or confirmed by the Director of PW in writing. d. The City's rights under this Agreement shall not make the Developers an agent of the City, and the liability of the Developers for all damages to persons or to public or private property arising from Developers' execution of the work, shall not be lessened because of the exercise by City of its rights.

F. ACCEPTANCE OF PARK IMPROVEMENTS.

The Park Improvements shall be completed in accordance with the provisions of this Agreement to the satisfaction of the Director of PW.
j . The City agrees to inspect and prepare a punchlist for the Park Improvements within ten (10) business days of notification by the Developers that the Developers consider the construction of the Park Improvements to be complete. The City further agrees to perform its final inspection within ten (10) business days of notification by the Developers that all punchlist work has been completed .

2. The City will process acceptance documentation (Notice of Acceptance) within ten (10) business days of the date of City's final inspection or the date upon which the Developers returns to City the appropriate signed acceptance documentation, whichever is later, provided that:

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. a. The City finds that all punch list work has been satisfactorily completed; and
b. The Developers has performed and satisfied any and all terms, conditions , and obligations required under this Agreement prior to acceptance of t he Park Improvements, including but not limited to, the requirements for dedication of the Park Sites as outlined in Section 2(G) of this Exhibit; and
c. The Developers have provided the Director of PW with a set of record drawings, corresponding copies of any and all warranties, and the like (such warranties shall be in the name of the City), and corresponding copies of any and all operating manuals for equipment installed as part of the Park Improvements .
3 , The Parties acknowledge that City's restrictions on the installation of landscaping because of future drought conditions may delay the Developers' installation of the landscaping contemplated by this Agreement.

If, due to drought restrictions, the Developers are unable to install the landscaping in time to be inspected by the Director for the purposes of accepting the completed Park Improvements , Developers shall post a bond or other form of security as set forth in In this Agreement.

4. At the discretion of the Director of PW, the City may accept a designated portion of the Park Improvements. Acceptance of a designated portion will be as provided by Section 7-1 .166 of the City's Specifications.

5. The Park Site must be remediated to regulatory accepted environmental screening limits from the Santa Clara County Department of Environmental Health for park land uses. The Park S ite must not have any deed restrictions, environmental covenants, on-going environmental monitoring, operation or maintenance or permit requirements, or any other environmental requirements or conditions that would interfere with or prevent the use of some or all of the Park Improvements or Park Site for park use.

G. PARK SITE.

1.. The Developers shall provide each of the following to the Director of PW, subject to the approval of the Director of PW, prior to the City's acceptance of the Park Site and Park Improvements:
a. A preliminary report for the Park Site by a reputable tWe company currently doing business for City's Real Estate Division. The Developers shall coordinate with City's Real Estate Division a nd

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. provide a preliminary title report at least ninety (90) days prior to execution of this Agreement and an updated title report at least ninety (90) days prior to the anticipated completion of the Park Improvements.
b. A Grant Deed for the Park Site containing the legal description of the Park Site, as approved by City Surveyor, properly executed and acknowledged , subject only to the exceptions to title, if any, approved by City's Manager or the Manager's designee pursuant to which a fee simple estate in Park Site shall be conveyed to the City. Title to the Park Site shall be vested in City free and clear of all title defects, liens, encumbrances , conditions, covenants, restrictions, and other adverse interests of record or known to the Developers, subject only to those exceptions affecting the Park Site approved by City's Manager or the Manager's designee, in writing or listed in Exhibit F ("Environmental Disclosures/Permitted Exceptions"). The Grant Deed, subject to approval of the City, for the Park Site shall be delivered to the City's Real Estate Division at least ninety (90) days prior to the anticipated completion of the Park Improvements. c. The Developers shall also cause to be provided to the Clty, concurrently with the conveyance of the Park Site to the City, a C.L.T.A. owner's form policy of title insurance issued by a reputable title company currently doing business with the City, with the City named as the insured, in the amount of $17,851,351 insuring the title of City to the Park Site is subject to only the Permitted Exceptions. d. Any and all reports related to the condition of the Developer's Park Site. Developer shall also provide to City, at the Developer's sole cost, a report, prepared or updated no earlier than twelve (12) months before the proposed acceptance of the Park Improvements by a qualified consultant analyzing the condition of the Developer's Park Site with respect to the presence of hazardous materials on the Developer's Park Site (""Hazardous Materials Report""). The definition of Hazardous Materials for purposes of this Agreement is set forth in Section 3 (A)(2) of this Exhibit. The scope. of the Hazardous Materials Report shall, at minimum, contain the elements set forth below ·n Section 4.
e. In the event that the Hazardous Materials Report(s) disclose(s) the presence of Hazardous Materials on any of the Developer's Park Land in violation of applicable environmental laws, other than the Hazardous Materials disclosed in the Environmental Reports (defined in Section 3 below), in excess of regulatory accepted environmental screening limits for park land uses the Director shall have the right to require Developer, as a condition of acceptance, to

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. remediate the such Hazardous Materials to generally accepted environmental screening limits for parkland uses using the same methodology set forth in the SCCDEH approved SMP (as defined in Exhibit F), including without limitation, removal of the Hazardous Materials. The type of remediation required for the Developer's Park Land shall be at no cost to the City and be subject to the reasonable review and approval of the Director of PW.
f, The Environmental Warranty specified in Section 3 of this Exhibit. g. Documents evidencing the authority of the signatory(ies) to execute any agreement or other legal pinding documents on behalf of Developer.

2. Upon the Director of PW's acceptance of the Park Site and Park Improvements, the Developers shall have no further obligations in connection with the Park Site except for the terms, conditions, or obligations of this Agreement that explicitly survives acceptance or termination.

H. COMPLIANCE WITH LAWS/PERMITS.

1. The Developers shall keep fully informed of all existing and future local, state, and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work on the Park Improvements, or the materials used in the Park Improvements, or which in any way affect the conduct of the work on the Park Improvements, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. In the performance of any work pursuant to this Agreement, the Developers shall at all times observe and comply in all material respects with, and shall cause all Developers' employees, agents, representatives, c ontractors and subcontractors to observe and comply in all material respects with all such existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work. If Developer discovers any discrepancy or inconsistency that would violate in any material respect any applicable laws in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order, or decree, the Developers shall promptly report the same to the Director of PW.

2. The Developers shall, at its sole cost and expense, obtain all governmental reviews and approvals, licenses, and permits which are, or may be, required and necessary to construct and complete the Park Improvements in accordance with the provisions of this Agreement, including, but not limited to, site development reviews, development permits and environmental review. The Developers shall comply in all material respects with all

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

SECTION 3.
conditions, restrictions or contingencies imposed upon, or attached to, such governmental approvals, licenses, and permits. If the Developers for any reason fails to comply in any material respect with any of the City's requirements, or any other legal requirement concerning the Developers' construction of the Park Improvements, then the City shall have the right to require the Developers to alter, repair, or replace any improvements or perform any other action to the satisfaction of the Director as reasonably required to correct any non-compliance of the Park Improvements with legal requirements or this Agreement and at no cost to the City. The Developers' failure to effect the cure as required by the Director shall constitute an Event of Default in accordance with Section 6 of this Agreement.

ENVIRONMENTAL WARRANTY.

A. By executing this Agreement, the Developers warrant and agrees that, prior to the City's acceptance of the Park Improvements and dedication of the Park Site:

1. Except as disclosed in the Environmental Reports listed in Exhibit F - Environmental Disclosures/Permitted Exceptions, neither the Site nor the Developers are in violation of any environmental law, and neither the Site nor the Developers are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the Park Site, except for such reporting or other requirements as may be specified in the SMP (as defined in Exhibit F) or similar document or any associated land use covenant.

2. Neither the Developers nor any other person with the Developers' permission to be upon the Site shall use, generate, manufacture, produce, or release, on, under, or about the Park Site, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term "Hazardous Substances" or "Hazardous Materials" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materialsµ in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rul,es, regulations or policies.

3. Except as disclosed in the Environmental Reports listed in Exhibit F - Environmental Disclosures/Permitted Exceptions, the Developers have not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the Park Site or the property

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. on which the Park Improvements are to be constructed, or the migration of any Hazardous Substance from or to any other property adjacent to, or in the vicinity of, the Park Site, except as may disclosed in the Environmental Reports or SMP.

4. Except as disclosed in the Environmental Reports listed in Exhfblt F - Environme ntal Disclosures/Permitted Exceptions, the Developers' prior and present use of the Park Site has not resulted in the release of any Hazardous Substance on, under, about, or adjacent to the Park Site, except as may be authorized under the SMP.

5. To Developer's actual knowledge, neither the Park Site nor Park Improvements located on the Park Site shall be subject to any monitoring, reporting, or restrictions whatsoever by any governmental authority with jurisdiction over the Park Site, including but not limited to, the California Department of Toxic Substances Control and California Regional Water Quality Control Board, except as may be required by regulatory oversight agendes to protect human health and the environment or noted in the Environmental Reports.

6. Subject to Section 2(G)(1 )(b) of this Exhibit, neither the Park Site nor Park Improvements located on the Park Site shall be subject to any burden, easements, covenants or land use restrictions recorded against any part of the Park Improvements or Park Site other than the Permitted Exceptions that would materially interfere with or prevent the use of some or all of the Park Improvements or Park Site for a park use.

B. The Developers shall give prompt written notice to the City of:

1. Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any Hazardous Substance on the Park Site or the migration thereof from or to any other property adjacent to, or in the vicinity of, the Park Site; and

2. Any claims made or threatened by any third party against the Developers, the City or the Park Site relating to any loss or injury resulting from any Hazardous Substance; and

3. The Developer's discovery of any occurrence or condition on any property adjoining or in -the vicinity of the Park Site that could cause the Park Site or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

SECTION 4. HAZARDOUS MATERIALS REPORT.

A. Elevated levels of arsenic have been found ill the shallow soil on the Park Site. 1n addition, a 200-gallon underground heating oif tank is located on the border of and adjacent to the Park Site. The current Park Site is under the regulatory oversight of the County of Santa Clara Department of Environmental Health (SCCDEH) to oversee remediation of shallow soil beneath the future Park Site and surrounding properties. A Site Management Plan (SMP) dated August 28, 2023, revised November 13, 2023 to address the soil contamination and tanks removal was approved by the SCCDEH on April 17, 2024. The approved SMP states the owner will remove the elevated arsenic from the Park Site for encapsulation beneath future apartment buildings on adjacent properties. The Park Site owner will also remove the underground tank and perform any required remediation if the tank has been determined to have leaked, and perform any other required remediation if previously unknown contamination is discovered on the Park Site during site grading to meet generally accepted environmental screening limits for park land uses.

8. 1 .

2. As discussed above, the City requires the Park Site to be remediated to generally accepted environmental screening limits for park land uses. The Park Site must not have any deed restrictions, environmental covenants, on­ going environmental monitoring, operation or maintenance or permit requirements, or any other environmental requirements or conditions that would materially interfere with or prevent the use of some or all of the Park Improvements or Park Site to be for the intended park use.

Existing Conditions.

The City acknowledges receipt of the documents listed Exhibit F - Environmental Disclosures/Permitted Exceptions as disclosure of existing conditions and planned soil management activities.

Upon wriUen request by the City, the Apartment Developer shall provide the City any updated reports or documentation of environmental, conditions related to Hazardous Substances as may be generated to satisfy permitting requirements under all applicable laws and regulations in effect for the Park Site, if applicable.

SECTION 5. INSURANCE REQUIREMENTS.

Developers shall procure and maintain insurance for twelve (12) months following the City Director of Public Work's acceptance of the Developer's Park Land and Park Improvements or as required with specificity and noted below, whichever term may be longer. Coverage shall be insurance against clairns for injuries to persons or damages to property which may arise from, or in connection with, the performance of the Development Pag~ 65 ol 14 7
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. hereunder by the Developers, its agents. representative employees, contractors, or subcontractors.

Developers shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of the Development hereunder by the Developers, its agents, representative employees, contractors, or subcontractors.

A. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

1. The coverage provided by Insurance Services Office Commercial General Liability coverage ("occurrence") Form Number CG 0001; and

2. The coverage provided by Insurance Services Office Form Number CA 0001 covering Automobile Liability. Coverage shall also be included for all owned (if applicable), non-owned and hired autos; and

3. Workers' Compensation insurance as, and to the extent, required by the California Labor Code and Employers Liability insurance; and 4 Professional Liability Errors and Omissions insurance for all professional services; and

5. Builder's Risk insurance providing coverage for "all risks" of loss; and

6. Pollution Liability insurance, providing third-party coverage for bodily injury, property damage, defense, cleanup, and related defense costs as a result of pollution conditions
There shall be no endorsement reducing the scope of coverage required above 1mless approved by the City's Risk Manager in writing.

B. MINIMUM LIMITS OF INSURANCE.

The Developers shall maintain limits no less than:

1. Commercial General Liability: Ten Million Dollars ($10,000,000) per occurrence and in the aggregate for bodily injury, personal injury and property damage.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

C.

2. Automobfle Liability~ Two Million Dollars ($2,000,000) combined single limit per accident for bodily injury and property damage; and

3. Workers' Compensation and Employers' Liability: Workers' Compensation limits as, and to the extent, required by the California Labor Code and Employers Liability limits of One MIiiion Dollars ($1 ,000,000) per accident; coverage shall be endorsed to state carrier waives its rights of subrogation against the City, its officers, employees, agents, and contractors; and

4. Professional Liability Errors and Omissions_: One Million Dollars ($1,000,000) per claim/One Million Dollars ($1,000,000) aggregate limit and this requirement may be satisfied through a Contractor's Protective Professional Indemnity policy ("CPPI"); and

5. Builders' Risk: Completed value of Project any improvements in which the City has an insurable interest; and

6. Pollution Liability: Two Million Dollars ($2,000,000) per occurrence/Two Million Dollars ($2,000,000) aggregate limit, and Two Million Dollars ($2,000,000) aggregate limit.

7. Umbrella Coverage: In the event that Developer uses an umbrella policy or excess policy to meet policy limits, coverage must follow form or have greater scope of coverage. City shall receive the same status on the excess/umbrella policy including additional insured endorsements with coverage being primary and not contributory to any City insurance programs or self-insured programs
Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to, and approved by the City's Risk Manager in writing, such approval not to be unreasonably withheld, conditioned or delayed.

D. Provisions Of Policies.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Commercial General Liability, Automobile Liability and Pollution Liability Coverages.
a. City, its officials, employees, and agents are to be covered as an additional insured as respects: liability arising out of activities performed by, or on behalf of, the Developer; products and completed operations of the Developer;

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. premises owned, leased or u sed b y the Developer; or
automobiles owned, leased, hired or borrowed by Developer.

The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, and agents and
b. The Developers' insurance coverage shall be primary
insurance as respects the City, its officials, employees, and agents. Any insurance or self-insurance maintained by City, its officials, employees, and agents shall be excess of the Developers' insurance and shall not contribute with it; and c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City and the City, Its officials, employees, and agents; and
d. Coverage shall state that Developers' insurance shall apply separately to each insured against whom claim is made or suit is brought, unless a Contractor Controlled Insurance Program ( 11 CCIP11 )-Commercial General Liability coverage only (''GL Wrap")-program is used to insure the rfsk in which case enrolled participants share the limits of the insurer's liability policies the limits of the insurer's liability policies; and e. Coverage shall contain a waiver of subrogation in favor of City, its officials, employees, and agents.
f. Products completed coverage shall be maintained for three (3) years following completion of work.

2. Workers' Compensation and Employers Liability Coverages shall contain a waiver of subrogation in favor of CHy, its officials, employees, and agents.

3. Builders' Risk policies shall contain the following, provisions:
a. City shall be named as loss payee as its interest may appear.
b. Coverage shall contain a waiver of subrogation in favor of City, its officials, employees, and agents.

4. All Coverages.

Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30} days' prior written notice has

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

E.

1. 2.

F.

Duration.
been given to the City's Risk Manager, except that ten (10) days' prior written notice shall apply in the event of cancellation for non­ payment of premium.

Commercial General Liability (including, without limitation, products and completed operations coverage), Professional Liability satisfied by a CPPI policy and Pollution Liability coverages shall be maintained continuously for a minimum offive (5) years after completion of the work under this Agreement.

If any of such coverages are written on a claims-made basis, the following requirements apply:
a. The policy retroactive date must precede the date the work commenced under this Agreement.
b. If the policy is cancelled or non-renewed and coverage cannot be procured with the original retroactive date, Developers must purchase an extended reporting period equal, to or greater than five (5) years after completion of the work under this Agreement.

Accept ability of Insurers.

Insurance is to be placed with insurers acceptable to the City's Risk Manager.

G. Verification of Coverages.

Developers shall furnish City (in the manner provided below) with certificates of insurance and with copies endorsements affecting coverage required by thls Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Proof of insurance shall be emailed in pdf format to: [email protected] , The City of San Jose - Finance
Risk Management
200 East Santa Clara Street, 13th Floor Tower
San Jose, CA 95113-1905
Developers or Hs contractors shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit
B.3
Cost
Estimate
City
Park
I
--.--
-
I -
I
$,UNIT
I
TOTAL
I
SlUN
IT
I
TOTAL
I
SlUNIT
TOTAL
I
BUOGET
I
TOTAL
TOTAL

CONSTRUCTION
HARD
COST
=
$1
,064,299
$156,300
$7,831
,874
$9,052
,472
69 .7%
99-800

PROJECT
CONTINGENCY=

10.0%
0 0
905
,.247

7.0%
99 -805

INFLATION/ESCALAT
IO
N
=

9.0%
0 0
896
,195

6.9%
99-900

GENERAL

CONTRACTOR
FEE
=

5.0%
0 0
542,696

4.2%
PARK
DES
IGN
AND
REVIEW
FEE
1,598,554
12 .3%
TOTAL
ALL
COSTS
=
$1,064,299
$156,300
$7,83_1.~
$12
,~5
.1
64 100
.0%
n
11-
1;11
1 ~ii-Iii
i 111;i11n=IHi
ilal
l
,11.:1
I;
-'-l:ii
SITE

CONSTRUCTION
-~PA
R4!.q~i
_remcn
u
:
02370
Straw
wattles
--
---
--
1,441.
21 LF
so
so
$12.00
~17,
295
517,295

0.13%
--
Inlet
Protection
_
023~
-
-

11.00 EA
so
--
$0
$750
.00
SS,250
$8,
250

0.06%
02370
Con
st
ruction
En[rances

1.00 EA
so
so
S7,500,00
___
57 ,SOO
$7,500

0.06 %
023
70 Was~
Atea<
-

1.00 EA
so
so
$5,000
.00
_
ss,oao
_
S5,000

0.04 %
--
----
--
02370
Maintenance

6.00 MO
1,
500
.00
$9
,000
500.00
$3,263
$0
SU
,263

0.09 %
-------
--
--
---
---
--
so
_
so
so
so

0.00 %
Sit
e
Utilit
ies:
02510
Oomestlc
Water
service
off
main
w{me
ter
b~
------
-
-

1.00 LS
so
so
535,000
.00
$35,000
$3
5,0!!0

0.27 %
025
_10
Domestic
Wa-'~F
Assembly
-
$10,000
.00
---
$10,000
-

1.00 LS
so
$0
$10
,000

0.08 %
--
$12S
.OO
Sl8,
7S0
-
02510
Domestic
Water
pip
inc
and
fitti
ngs
150
.00
LF
so
so
518,750
__
_0.
14 %
!"!.'~~ce
w/
,:neter
_bo_, __
--
-
--
so
528,
.359
.50
--
S28
,360
02S30

1.00 LS
so
528,360

0.22 %
----
S~9~0
---
S7,950
02S30
_
Irrigation
2"
8~
assemh
ly
----
-

1.00 LS
so
$0
$7,950

0.06 %
02 785
Dry
Utilltle,
• Elem
lcal
S•~cc

1.00 EA
$0
so
$150,000
.00
SlS0,000
$1.50
,000
-
---
um'
-
--
so
--
$0
---
so
so

0.00%
-
--
Hardsca~e
:
-
--·
-PM•l
Concrete
~e~
-Grey
Concr
ete
Broom
Finis
_h ___
--
24,061.48
SF
$0
so
-
S33
.00
$794,029
$794,029

6.11 %
S45.00
-
--
S33
1,279
--
PM
-2
lnteg[a!.._Co
ncrete
A, 8~
Ca_st
_Acid
wash
Finish
7,36

1.7S
SF
so
so
$'331,279

2.55 %
----·
-
PM-51~ceg~
I Col'lcre
te D ..:_
Cas.!_~ci~wash
Finish
2,996.3
5 SF
$0
so
-
$45.00
$134,836
$134,836

1.04%
PM·6
Flush
C<>ncrete
Band
• 8" Gray
Concrete
675
.89
LF
so
$0
$30
.00
__
S20,277
520,277

0.16 %
PM
:7Flush
Concrete
Band
. 12"
Gray
Co_11~reie
-
----
25 7.7
0 LF
so
$0
$45.00
Sll
,597
-
511,597

0.09 %
-
PM·B
Concrete
With
Acrylic
Coat
(Sports Court)
_
4,363
.35
SF
so
so_
S45.00
$196,351
S196,351

1.51%
$95.00
--
$20,113
---
PM-14
Trunca
ted
Dome
Pavel'
s
211
.72
SF
$0
so
S20,U3

0.15%
-
PM·"
Fan
Ramp
61 .42
SF
so
so
$55.00
-
--
S3,378
$3
,378

0.03 %
entry
Praza
Concrete
Plan;;
, wall
-
--
--

49.00 LF
so
so
$350
.00
-
-$17,150
517,150

0.13 %
Foot
ing
fincludes
exc.watioaj
-
--
----
--
-

49.00 LF
so
~
$2S6
.00
$12
,544
S12
.S44

0.10%
---
so
--
0,011%
so
$0
so
-------
0,n,ed
Je
at
Wall
-
---
-~
0 ---
---
0 0
0 0
CMU
62 .25
SF
so
so
$185
.00
511
,516
Sll.,516

0.09 %
-
WallCaplWMl!-1
--
$0
-so
sm
:oo
SS.188

41.50 LF
55 ,188
0,04
%
Page
70 of
147
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit

8.3 Cost
Estimate
DESCR
IPTION
City
Park
_
Foot
ing
(inc
lud
~
i~J
-•
·-
....
landscape
&
Irrigatio
n
Plant
ing
Area
_
Drainage
so 0
------
0 so-
so
~™~D
SO
SO
24 ,744.39
Sf
SO
SO
So
il Amendrnent
1 Fert
llizer
&~
ep
lrrig;H
ion
-
24,744.39
Sf
SO
SO
Fine
Gr
adin
g
3" Mulch
!•Gallen
&
S,Gallon
Shrub
s
Groondcove
r
Great
LDWn
Area
-Dra
inage
Soll
Amendment
, Fert
Hrt
er
&
Prep
lrrigilt
ion
ine
Grad
ing
Sod
Lawn
Tr
ee
s
~~D
SO
SO
~=~D
SO
SO
___________
..;9:,::,914.20
SF
$0
SO
14 ,830.20
SF
SO
So
$0
$0
so
so
25,26S.Ol
Sf
SO
$0
25,26S.Ol
SF
so
so
so
so
so
so
25,26S
.Ol_5F
25,265.01
_ Sf
25,26S.OO
SF
~
so
so
so
so
----
so
45 .00
EA
SO
-
$0--
-
Nat
ive Tre
e 7 Shrub
6ver
-g,-';erl
Tree
A
Eve
rcreen
Tre
e 8

20.00 EA
_____
$0
SO
-
-
--
---
--------
-c
2-7 . ..,.00::-:

EAc------
SO
SO
Si~
Shade
Tree
Doc
Park
Tree
Pe;fmete
;'si
dewal
k Tree
l-4istorical
Area
Tree
-·-
--
Law
n Pa
th
Shade
tree
Plaza
Mound
lrees
Large.

Shade
tree
Fence 48
" Metal
Fenc
e
~
;;gP~~
k~
nce
48 " Dog
Park
M
e_ta.!_
Gotes
__
48"
Ta
ll Chalnlink
Fen
ce
-
--
10'
Ta
ll Ch
alnllnk
fenc
e
Pl:aycround
Areas
PM
•9
Pou
red
1!'
Pl•£• Rub.
~b~•-• A'-'---­
E!ie
c,avatlon.

Rough
Gra
ding,
&
Compact
ion
Fine
Grad
ing
-
--
--
Ba
s,,
Rode/
Ora
i;-
Rock
44 ,00
EA
$0
_____
SO

6.00 EA
SO
-
-
SO
10 .00
EA
SO
---
~
17 .00
EA
SO
SO

21.00 EA
SO
SO
~EA
SO
SO
19 .00
EA
~
______
$0
so
______
s,Q_
0 -------
O
162
.00
LF
~
SO
546
.34
LF
$0
SO

3.00 EA
$0
$0
195.58
lF
$0
SO
132
.42
LF
SO
$0
?E,__
------
~
0 ----
0 3,855
.62
SF
-------c
SO
SO
-
3,855
.62
SF
-
SO
$0
3,sss.62
SF
so
_______
so
-
-
-
-
-
---
3,855
-:-62
SF
______
SO
~
_____
$0
Page
71 of
147
0 so
S3.oo
S74
,2H
Sl.50
$37
,ll7
Sl0.00
$247
,444
S1.00
--
$24
,744
S2
.00
__
_
$54
,405
-
s12
.oo
SllB
,970
S8
JJ
O
--
$118
M2
---
-$0
-
-
so
$3
.00
S7S,
795
SI
.SO
$37
,898
S!0
,00
___
$252,650
$1.00
$25,265
52 .00
--
$50
,530 so s,o
S150
.00
$6
,750
S•SO
.OO
___
S9
,000
-
S450
.00
___
S12
,150
$1
,SOO
.OO
___
S66,000
$4,000
,-00
--
$24
,000
$4
,000
.00
-
$40
,000
$4,500
.00
S76
,500
$4,000
.00 ~

84.000
$7,500
.00
$45
,000
$]4,000
,00
_
$266
,000 so
0 S300
.00
$48
,600
S300
.00
$163,902
s~.
soo
.oo
s19,soo
$200
.00
$39,116
$225
.0_0 ___
$29,795
$0 D
$40
.00
$154,225
$3
,00
511,567
Sl.00
---
$3,856
$4
.00
-
-
$15
,422

0.08%
-

0.0Q¾
0 0
so

0.()
0%
P
4,H3
----

0.57"
$37
,117

0.29 %
S247
,444

1.90%
$24
,7114

0.19 %
$54,405
----

0.42%
.
$11
8,970
--~

0.921'1
5118
,642

0.91 %
SO
-
-
--

0.00%
SO

0.00%
S75,795
____
O.S,8%
$37
,898

0.29 %
$252,650
--

1.94%
II
S25
,265

0.19 %
$50
,530
_
_

0.39%
so

0.00 %
so ___
o.oo,.
$6,
750

0.05%
$9
,000
_

0.07%
51 2,1
50 ____

0.09 %
$66
,00
0 0.51
%
$24
,000

0.18 %
$40
,000

0.31 %
:,76
,500

0.59 %
584
.000
-
--
0 .65%
>115
,000
___

0.3S%
$266
.000
2-05%
--
---
so

0.00%
0 0
$4
8,600
_

0.37 %
$163
,902

1.26%
$19,500
----

0.15%
539
,116
0,30%
529
,795
---
o:-n¾
-
50 0

0.00 % 0
5154
,225
____
l.19%
Sll
,56
7 0.09
%
$3
,856

0.03 %
SIS
,422
-0.12%
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit
B.3
Cost
Estimate
CODE
I
City
P.arlc
Ora
inag~
3,855.62
SF
SO
SO
PM-10
Poured
in Place
Rubber
B
-------
-
1,443
.65
SF
SO
SO
£;ca
o;tJ
on
, Rough
Gradi~g.
&
Comp
~
-
-
-
1,443
.65
SF
~-
SO
--
SO
Fine
Grading
--
-
-
-
_::~~:_-_
---
1,443.6
5 SF
SO
SO
Ba.e
Rock/
Drain
Rcx:k
1,443.65
SF
SO
SO
_Dra
1nage
•
--
-
-·
----
-
1,443.65
SF
SO
-----'
SO
PM-11
Synthetic
Lawn
5,673
.11
SF
SO
SO
E,cavaUon,
Rough
Grading,
&
Compa
c;;o,,-
---
5,673
,11
SF
SO
SO
Fine
Gradin
g
-
-
-
_______
S,673
.ll
SF
SO
SO
Ba,e
Roel</
Dra
in
Roe~
-
_______
5,673.11
SF
SO
SO
____
___
..;S:;:Oc.._
SO
Eq-;;lpm.-~l
· Mater
ials
--
---
$0
SO
Omn1Sp
in
-
--

1.00 LS
SO
$0
-
Rop
e Pull
Climber

1.00 LS
SO
SO
Crab
Trap
-
--
~
---
---
-

1.00 LS
SO
~
SO
T~
Struct1,re
-
-

1.00 LS
SO
-SO
lea-;;i
;;g
Wa
ll
-

1.00 LS
SO
SO
Cornstalk
Climbers
--
--
--
---

1.00 LS
SO
SO
$7
.00 ___
--,-
$40.
00 S57
,746
S3
.00
54 ,331
$1.00
S1,444
$4
.00
ss. 775
S1
,00
___
Sl.Q.,1~6
540
.00
S226
,924
HOO
Sl7.019
$1.00
$5,673
$4
.00
---
s2i,rn
--
so so
$12,936
.11
-
$
12 ,936
$6,683
.95
--
$6,684
$105.75

4.29 $105
,754
561,249,83
___
s°61.250
S9
,724.
26 $9
,724
S5
,601
.42
___
SS,607
TalkTubes
-
---
---
---

1.00 LS
SO
SO
SS,690
.23
S5,690
Digi
lide
r Trac
tor
_____

1.00 LS
SO
SO
S2,164
.89
S2
.165
Bobbl
e Rlrl~r
-
--
-
J..00
LS
SO
______
SO
$4:S07
.23 ____
$4,S07
Cu,v;,
Sp
inne
r
_
___
________

1.00 LS
SO
-
SO
~
,963.42
S2,963
Climbing
Ha
ndg
rip,

1.00 LS
SO
SO
;1;644.37
Sl
,644
Ab
Crunc
h leg
Ii-ft--
--
-
---
-
-

1.00 LS
-
SO
SO
s-3
,968
.97
S3
,969
Assisted
Row
~
-
-----~
-
~-

1.00 LS
SO
-
SO
53 ,714
.62
S3
,71S
.

Cardlo
-Slep
per
-
--~---

1.00 LS
SO
SO
Sl.2
,031
.ll ____
Sl2,031
Chest/Boc
k Press

1.00 LS
SO
SO
$9.629
.62
----
$9,630
Ellip
tica
l
--
-
---

1.00 LS
SO
-
$0
$13.56UO
___
Sl3
,563
Pull
up
dip
--
-
-
-
-
-
-
--
~-
-
-

1.00 LS
~
SO
-
SO
$4,087
.27
$4,087
Stretch
_____
_______

1.00 LS
SO
SO
SS,725
.72
$5,726
Equ
ipmen
t• Turnkl:J'
-all
concrete
foot
ings,
excavatio
n, assemb
ly, etc
.

1.00 lS
SO
SO
s12S.OOO
.oo
--
S-125,00C
-
-
- -
------
-------
so
- -
so
so
Dog
Park___
__
---
---
_____
_____
0 ---
----
0 0
PM
-12
Synthetic
Lawn@
Dog
P;,:
k
--
--
-
--
1,158.21
SF
--
-
SO
--
SO
$40
.00
$46
328
E•c~
va
t1on
, Rou
_gh
Grad
in
g.
&
Compact
ion
--
-
1,1
58 .00
SF
SO
SO
S3
.00
____
S3
:474
-
Fine
C.rad
ing
-
-
-
-
--
--
1,158.00
SF
SO
SO
$1.00
---
$1
158
Base,
Rock/
l)rolnRo
ck
____
-=_-=_-:_:__
1,158.
00 SF
-
SO
SO
$4
.00
$4
:632
PM-U
Wood
Mulch
ch
an
ged
to
OG@
Dog
Park
8,934
.66
SF
SO
SO
$15.
00 $134
020
-
Equlpment
• Mate6als
---
---
--
lncludedw/Eq
~
-
SO
SO
'so
EQ--19Hiii"
cn7"
b
-----
Included
w/
Eq
SO
so
_____
so
EQ-20Tunnel
-
--
lncludedw/Eq
$0
SO
$0
E-Q:-21
Bou
lders
-
=======-----
Included
w/
Eq
-
-
SO
---
SO
____
SO
_ £gulpment
•Turnkey-all
concrete
root
ings,
excavat
ion
, assembly
, etc
.
1,00
LS
SO
$0
538,000
.00
$38
,000
Page
72 of
147
TOTA
L
____
o_.u,-;
$57,746

0.44%
54,331
__

0.03 %
$1,44
4 0.01
%
$5
,775
---
-0.04¼
s10
,10
6 ____

0.<1_82!_
$216
,924

1.75 %
$17,019
0,13%
$5.673

0.04 %
522,692

0.17%
$0

0.00¼
so
__
o_.00%
$12,936
0,10
%
S6,684
o.os·;t
5105
,_?_54
__
__J!
.8~
561,250

0.47 ¼
S9,72•

0.01 %
SS,607
0,04%
$5
1690
--
O~Q4%
52 ,165

0.02 %
$4
,507

0.03 %
S2
,963
_o.o_2
%
51,644

0.01%
53 ,969

0.03 %
$3,715
___
0 .03%
512
.031
---
o:119%
$9,630

0.07 %
513,563

0.10 %
54 ,087

0.03%
$5
,726
----

0.04 %
S125.000
_
o:-96%-
so

0.00%
0 0
$46.328

0.36 %

53.474

0.03%
.
$1,
I 58

0.01 _~
54,632

0.04 %
$1.34,0
20 1.03
%
so
___

0.00%
so

0.00"
/4
$0

0.00"/4
so,----
___
o.oo"
538.000

0.29 %
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit

8.3 Cost
Estimate
Site
Furn
ishing
Equ
ipment
-M
aterials
SF
-lA
Curved
Bench
96'
' R
SF-1B
Cur11•
d
Bench
96 " R
SF
-2
Cu""'ed
Bench
96 " R
Wall
m
~
nted
-
-
SF-3
Cu
rved
BenchJ40"
R
SF--4
Bacl(leS<
Plar.,
Bench
SF-5
Pa
rk Bench
-
--
--
----

QUANTITY

1.00 LS
inclu
ded
above
included
above
included
ab
ove
in
du
ded
above
included
above
included
above
SF--
6 Backless
Pa
rk
Bench
_____
in
clude
d
abo
ve
5~
--7
Dog
Pa~ch
-
_--...-
~-
-
______
-
-~
included
above
5F-8
Plaza
Table
-
included
above
SF-9
Plata
Cha
tr
_________
included
above
si=""
10Che5'
Ta
ble
•
-
·--
included
above
Sf-ll
ADA
Ches
s Table
incl
ud
ed
above
SF-12
ADA
Picnic
Table
--
__________
included
above
SF-15
Bike
Rack
____________
included
above
Sl'--16
Tmh
Rece
pricle
________
included
above
SF
---17
Dog
Park
Or
ioklnc§un~t.i
in
________
included
above
I
l
$0
0 $0--
-
.s,Q_
_
-
so ~
-
so $0 so ~
-
-
$0 $0 $0 ~n so $0 $0 $0 so ~n
--
SF-lS
Drinking
Foun
tain
w/
Bottle
Fillet
__
_
____
i_nc_l"-ud_e_d_a.,.b_ov_e _______
_______
~_ SU
I
I
_s_o_ 0
---
so
$0 so so so so $0 so so $0 $0 so so $0 $0 so $0 so $0
so

22._
Sf.-19
Dog
waste
dispenser
_______
_i_n_cl_u_de_d_a_b_o_v_e _______________
_
____!_
®1Pm~
n1
_:_T
u~!Y._!nslaiita
ion
• al~footings,
associated
excava
tio;!
a _____
l_.oo __
LS ___________
__
~---
____
_
--
Misc
el
laneous-
R;ised
. m~n
~
mes
____________

6.00 EA
so
so
~u
so
so
so
ParkMa
lntenance
-90Day
_____
_______

3.00 M
O
1m"port
Mou
ndrn
c_@
P~a
/ Plante
r Walls
160.00
Cl
so
so
METALS
Sttuctural
Ste~I
:
0512
0 ~e
ous
/Stru
ctur
al
St
~
__
__
____
_
-------~--
__
------'-'--
,_on
1c;
so
so
-
---
~
--
SQ_
canopies
&
Arbor
:
0 0
-~
eve
re~r
8':t.J0'
rn Counr

3.00 EA
S,642
.SS
$16
,9
28 so
__
~yg
round
Arbor
in
Count

1.00 EA
72 ,191
.70
572
,192
-
$0
so
$0
-~"filill ERMAL/MO
ISTURE

PROTECTION
_
W:Jtetproofing/Damp
Proofing/Sealants
:

Page
73 of
147

SUBCONTRACT
$/UNIT
I
TOTAL
$0
$0
0 0
S231,592
.28
_
_$
231
,592
$23),592
___

1.78 ¾
$0
$0

0.00%
so
$0

0.00%
,
----
so
so

0.00%
---
----
so
so

0.00%
$0
$0

0.00%
-
so
so

0.00%
so
so

0.00 %
so
so
o.oa~
--
$0
so
o.oo~
so
$0

0.00 %
-
---
so
so

0.00 %
____
so_
so

0.00%
so
$0
0,00%,
so
$0

0.00%
-
s_o
so

0.00 %
$<!_
so
o,ooi
so
so
0,00%
-
so
so

0.00%
$60,000.00
~-~
560,000

0.46 %
---
---
----
Sll
,000.00
$66,000
$66,000

0.51%
512,500.
00 ~0
0 $37,500

0.29 ~
S18S
.OO
$29
,600
$29,600
__

0.23 '!.
so
so

0.00%
$25,000
.00
$25
,000
525,000
0,1
9%
------
$0
so

0.00%
0 0
0 S!S,808.50
556,426
$73
,353

0.56%
s120
:31"il
.so
--
sii
o~
zo
-
5192,Sll
-
-

1.4 8%
so
so
0,00
%
&t
LiSJJ.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit
B.3
Cost
Estimate
COST CODE 07920
___
_

FINISHES
Pa
int/Wall
Covering:
09910
Paint
ing-
Mose
__
_

PECIALTIES
Signage
:
10430
Exte
rto75igna.ge
• Park
Na~e
Sign
10430
Exterior
Signage
• Dog
Park
104~
~ori~Slt
'}:_
&e~
_
UM30
hter
ior
Slgnage
• Plaza
10430
-E•~er
lo
r Slgna.ge
• Fitness
-=---

1.00 LS

1.00 LS

1.00 LS
~ 1.00
LS

1.00 LS
$0 $0
-
so
so $0 $0
so
____
so
-------c-
$0--
so
-so--
5-2....
so
$0
so
so
$25
,000
.00
$0
$25
,000 so
SI0,000.00
$10
,000
s1
.soo
.oo-
s1.soo
s1,.ooo
.oo
_
si,ooo
$1,000
.00
$1
,000
$2
.000
.00 ___
$2,000
10430
Exterior
Signage
-Pick
-leba
ll
-
Histori(al
slgnag;--
____
_

1.00 L< _
so
_______
so_
s1.000
.00
s1
.000
10430
E!<tenor
Sisn~
•~
rmatlon
Board
s
-
____

6.00 EA
$4
,100
.00
$24,600
10430
E«er
lor
Signage
• Meda
,!11ons

8.00 EA
$2,420.00
$19,360
SD
SD
So
•l,f·lj_'
I'
so
so
so

MECHANICAL
1S400
Plumblng
y
ater
Founta
in

1.00 LS
so
so
$10
,000
.00
$10,000
$0
$0
so

ELECTRICA
L
16001 16
510
Electr
ica
l

1.00 LS
SO
SO
$115
.000.00
$115
,000
P-;,
l'!_Ugh
ts
----~
-
---~
15 .00
EA
$0
so-
-
$4
,000.00
---
$60,000
-
SO
so
so
TOTAL
HARD
COST
~
$1,064,299
$156,300
$7
,831,874
Page
74 of
147
$0
525
,000 so

0.00 %

0.19 %
o'.oo¾
SlD.000

0.08 %
Sl
,500

0.01 %
$1,000
_!)
,01".
$1,000
____

0.01%
52 ,000

0.02%
$1.,000
__

0.01 %
$24
,600

0.19%
S19.36D

0.15 %
I
SD

0.00%
so

0.0°"
510,000

0.08"
SO

0.00 %
SllS
,000

0.88 %
$60
,DOO
___
__c

0.46 %
so

0.00 %
59 ,052,472
69 .66
%
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

EXHIBITC
Irrevocable Offer of Dedication
[see attached ]

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Rt:CORJJl::I) WITHO T rEE u LJ c R
TION 6103 GOVER1 MENT ODE
OF THE , TA TE OF CAUFORN lA

RECORDING REQUESTED BY
AND WHE RECORDED MAIL TO:

A D MAIL TAX STATEMENT TO:

City of an Jose - Public Works
100 East anta Clara Streel 3111 Floor
SanJo se,CJ\ 95113-1905
Deed o:
3 Dash No:

AP :
pace above this line fo r Recorder's use
The nilersigned Grantce(s) Decl"rc(s): 00 'UMENTARY TRANSF'ER TAX $0; CITY TRANS ER TAX $0; Rcrortltll l'or the hcnefit of the City of Sa n ,lose :ind is exempt fro m fee per Governnll'nt Code Sections 27383 1J nrl 6!03 . [ J computed on Lh~ consideration or full vc1lue 01· property con e~ ell, OR [ ] con1p11rccl nn 1h • cnnsiucr:itio n or l'ull vR l11c I •ss I nli1c of liens ancl/nr enc11mhra11c~s remainin g al time of ·ale. [ ] unincurpu ml~u Mca; l X J .ity of Snn ,lose, and
[ ] _ _______ _
. igna1urc t1f Dccl:ir am

IRREVOCABLE OFFER OF DEDICATION
:. ~LY DEVELOPMENT P RTNERS LL , a Delaw~m:! limited liabilit company. hereinafter ('·GRANTOR .. ), does hereby fRREV CABL Y OFFER TO DEDI C ATE to the 1 rY OF ..,A JO •. a municipal corporation of the tate of California. ( .. CITY'') or its SUL'.l'.essor ag ncies. as ign , and transfer s. real property a des ribecl in the attached Exh ibit A for park purpo e {the ··Park Property""). uch dedication of the Park Property shall be accepte i by CITY upon recordation of a Grant Deed in lht.' anta Jara ount . ffice f the ounty-Reco1·der. !"he Grant Deed for the Park Property wi ll be r corded by !TY in the Santa Clara Coun , Office of th County-Recorder, only upon the fo llowing event:
l. R lTOR{ ) performs and sati fi es any and all lt:rrns. condition . and obligations set forth in the Parkland Agreement helv,een GR1\ NT R nnd CITY en ti lled " P.1 RKL IND .-1 < 'R • £,\!£NT

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

TENT,-1 T!VE MAP NO TIPT22-003 (Chapter J 9.38 qfSJi'v!C; ". executed simultaneously with this Irrevocable Offer of Dedication.

Until such Grant Deed is recorded, CITY shall not be responsible for and shall incur no li ability with respect to the Park Property. GRANTOR . with respect to such offer of dedication, retains the right to control the Park Property until this offer of dedication is accepted and the Grant Deed is recorded as outlined herein.

The provisions hereof shall inure to the benefit and be binding upon the heirs, successors, assigns and personal representatives of the respective parties hereto. uch real property is described as follo"vs:
ee xhibit "A" attached hereto and made a part hereof.

Dated __ 025 - ---------
~Proof of author1zat1on for Subdivider's
signatures is required to be submitted
concurrently with this Agreement .
* All Subdivide r's signatures must be
accompanied by an attached notary
acknowledgement.

SEELY DEVELOPMENT PARTNE RS
LL , Lt !Jelaware limited liability company
By:~
Name: Meg Walker
itle: Vice Pte ident
!dress: I 780 South Post Oak Lan~.

Houst )n_ TX 77056

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

A notary public or other officer completing th i
certificate verifies only the identity of the
i11dividual who signed the document to which this
certificate is attached, and not the truthfu I ness,
accuracy, or validity of that document.
'TATEOFT-X .
) ss.

OUNTY OF HARRI
·t11e fo reg )in~ in trnment was ack.no, letlgetl before me this ,,J day of nril, ::!02- b Meg Walker.

Vice Presid Ill of eely Development Partners LL ', a Delaware limit ed liability o mpany, on behalf f said entit_ .

Witne s 111 band and official ea l.

M ) c rnmi sion t'.Xpires: /I 2---:/- 2.D 2-f
,,,,w,,, /JtY.f.~;~ CHRISTINA BENTANCUR LAX
~ • !~i •~Notary Public, State of Texas
~~· ~ -- "~ C 1:, .. ~ ... ,.:..,-$ omm , Exp/res 11-27-2027 '"';eo,~\,' ' 111111'' ' Notary ID 12121492

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

LEGAL DESCRIPT ION
The land referred to herein below is situated in the City of San Jose, County of Santa Clara, State of California , and is described as follows·
PARCEL 1
REAL PROPERTY in the City of San Jose, County of Santa Clara, State of California, being a portion of Parcel One as described in the Grant Deed recorded March 7, 2018, in Document No. 23882502 of Official Records, Santa Clara County Records, described as follows:

COMMENING at the southerly corner of said Parcel One, being on the northeasterly line of Seely Avenue ;
Thence along the southeasterly line of said Parcel One, North 43°20'33" East, 23.00 feet , to Point A designated hereon, also being the TRUE POINT OF BEGINNING; Thence continuing along said southeasterly line, North 43°20'33" East, 339.00 feet Thence North 46°41'43" West, 3.52 feet;
Thence South 43°18'17" West, 339.00 feet, to a line parallel with and 23 feet northeasterly of the northeasterly line of Seely Avenue ; Thence along said parallel line, South 46°41'43" East, 3.30 feet, to the TRUE POINT OF BEGINNING.

Containing 1,155 square feet, more or less.

PARCEL 2
REAL PROPERTY in the City of San Jose, County of Santa Clara, State of California, being a portion of that parcel of land described in the Grant Deed recorded February 23, 2017. in Document No, 23587813 of Official Records, Santa Clara County Records, described as follows:

BEGINNING at Point A designated above;
Thence along the northwesterly line of said parcel of land, North 43°20'33" East, 339,00 feet; Thence South 46°41'43" East, 315.99 feet;
Thence southwesterly , al'ong a non-tangent curve to the right, having a radius of 30.00 feet, whose center bears North 70°16'25" West. through a central angle of 23°34'41" for an arc length of 12.35 feet;
Thence South 43°18'17" West, 325.00 feet;
Thence along a tangent curve to the right, having a radius of 20.00 feet, through a central angle of 05°44'21" for an arc length of 2.00 feet, to a line parallel with and 23 feet northeasterly of the northeasterly line of Seely Avenue ; Thence along said parallel line, North 46°41 143" West. 318.61 feet, to the POINT OF BEGINNING.

Containing 107,998 square feet, more or less.

Total area of Parcel 1 and Parcel 2 containing 109,153 square feet, more or less.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

EXHIBIT C.2
Park Site Legal Description
PARCEL1
January 22, 2025
HMH 6006.00.270

REAL PROPERTY ln the City of San Jose, County of San la Clara, State of Caltfornia, being a portion of Parcel One as described in the Grant Deed recorded March 7, 2018, In Document No. 23882502 of Official Records, Santa Clara County Records, described as follows:

COMMEN ING at the southe1·Iy comer of said Parcel One, being on the northeasterly line of Seely Avenue;
Thence along the southeasterly line of said Parcel One North 43°20'33" East, 23.00 feet, to Point A designated hereon, also being the TRUE POINT OF BEGINNING; Thence continuing along said southeaster ly line, North 43°20'33" East, 339,00 feet; Thence North 46°41 '43" West, 3.52 feet;
Thence South 43°18'17" West, 339.00 feet, to a line parallel with and 23 feet northeasterly of the nortt1easterly line of Seely Avenue;
Thence along said parallel line, South 46°41 '43" East, 3.30 feet, to the TRUE POINT OF BEGINNING.

Containing 1,155 square feet, more or less.

PARCEL 2
REAL PROPERTY in the City of San Jose, County of Santa Clara, State of California, being a portion of that parcel of land described in tt1e Grant Deed recorded February 23, 2017, in Document No. 23587813 of Official Records, Santa Clara County Records, described as follows:

BEGINNING at Point A designated above;
Thence along the northwesterly line of said parcel of land, North 43~20'33" East. 339.00 feet; Thence South 46°41'43" East, 315.99 feet;
Thence southwesterly, along a non-tange nt curve to the right, having a radius of 30.00 feet, whose center bears North 70°16'25" West, through a central angle of 23°34'41" for an arc length of 12. 35 feet;
Thence South 43°18'17" West, 325.00 feet;
Thence along a tangent curve to the right, having a radius of 20.00 feet, through a central angle of 05°44'21" for an arc length of 2.00 feet, to a line parallel with and 23 feet northeasterly of the northeasterly line of Seely Avenue;
Thence along said parallel line, North 46°41 '43" West, 318.61 feet, to the POINT OF BEGINNING.

Containing 107,998 squaI·e feet more or less.
600600I 002 ~ PARl<U\ND docx
1570 Oaklar1d Road I Snr1 Jose C;:ihfor111a %'111 I (408) 487-i!200 I (408) 487-2222 Fait I www.ltMllca crl111

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

January 22, 2025
HMH 6006.00.270

Total area of Parcel 1 and Parcel 2 containing 109,153 square feet, more or less.

As sl1own on Exhibit ''B" attached hereto and made a part hereof.

END OF DESCRIPTION
This /cgaf clescription of lm1c/ does not constltrile a separately crealecl f)m1.;u/ µer requirnm nts of' 1/H? Subclivis,on M,1/) /\cl onrJ may no/ be use<l as Ifie basis for a, 1 offer for sale of the /al1(/ clesc, i/Jecl.

This legal description was prepared by me or under rny direction ,In accordance with the Professional Land Su1veyors Act.

Date: __ l-_-_2_2_-2_5 __ _
Trncy L. Giorgetti , LS 8720
6C10600LD02 - PAPKL/llm I.JUL>

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 60 /
w 1 IN.= 60 FT. * ~
~ PARC£L ONE / E
~ . DOC 23882502 -.t.
~ ~ r PARCEL 1 ~ ~
0 30
/,.,., S43'18'17"W 339.00' \ z (1
/w~l~---===========:::::::::::::::=======:i:===~ ~ -
--TPOB, PARCEL 1 N43'20'33"E 339.00'
0 POINT A, POB PARCEL 2
~ N43'20'33"E
.... 23.00'
w => z w
> <{
>-...J
w w
(I)
I 22'
Dole: 2025-01-22
Desi ned: AL
Drawn: RF
Checked: TG
Pro (n .:
60060
23'
23'
.
(0
co n
3:: • I')
~
~
~ z
,,_ R=20.00 ' L=2 .00'
6=5'44'21"
t
PARCEL 2
DOC 23587813
$43'18'17"W 325. 00'
LEGEND
(R)
POC
POB
TPOB
\~
'3
(P.
oi m
1/)
;;::j
w
i-)
_"<t
~
CS)
"" (/)
\~.
\~
~
R=30 .00' L=12.35' \
6=23"34'41" \ \

RADIAL BEARING

POINT OF COMMENCEMENT

POINT OF BEGINNING

TRUE POINT OF BEGINNING
SHEET 1 OF 1
Exhibit C. 3

PLAT TO ACCOMPANY DESCRIPTION

PARKLAND AGREEMENT
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

EXHIBIT D
Private Recreatio n Credits
[see attached)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Ex
hibit D
-
Pri
vate
Rec
rea
tion
Cred
its
DE
SCRIP
TIO
N

PROJECT

SUMMARY
THE

PROJECT
IS
A

PLANNED

DEVELOFMENT

REZONING
TO
AN

INDUSTRI
AL
PARK
IP(PO)

PLANNED
DE
VEL
OPMENT
PERMIT
TO
ALLOW

DEMOLITION
OF

EXISTING
RES
ID
ENTlAl
AND

AGRICULTURAL

BUILDINGS
ANO

REMOVAL
o,::
564
TREES
FOR

DEVELOPMENT
OF

1.472

RESIDENTIAL
UNITS
CONSlsi'ING
OF
A
MIX
OF

THREE-STORV'TOWN
HOMES
AND
SIX­
TO
SEVEN
-STORY
APA
RT
MENT
BUILD
INGS,
18 ,965
SQUARE
FEET
OF
GE
NERAL
NEIGH
BO
RHOOD
RETAIL
SPACE
, AND
A
2,5
ACR
E
PUBLIC
PARK
. THE
PRO.IEC
T
P.LSO

INCLUDES
THE

DEDICATION
OF
AN
AP
PRO

XIMATELY
0,11
ACRES
SITE
TO
THE
SAN
.JOSE
MUN
ICIPAL
WATER
SYS
TEM
FOR
Tl-lE

DEVELOPMENT
OF
A

DOMESTIC
WP.TER
WELL
,
154

TOWNHOME
UNITS
ARE
UNDER
A

SEPERATE

PRIVATE

RECREATION
CREDIT
AP
PUCA
TION'
ANO
THIS
PR
IVA
TE

RECREATION
CRED
l'r

APPLICATION
IS
FOR
THE
REMAI
NING

1.J18
UNITS
.

GENERAL
PLAN
LAND
USE
IN
DUSTR
IA
L
PARK
ZONING
LAND
US
E
IP

INDUSTRIALPARKZON
ING
DIS
TRICT

DEVELOPM
ENT

PERMITS

PLANNED DEVELOPMENT
PERMIT
P022
·002

PLANNED DEVELOPMENT
ZON
IN
G: PDC2
l--035
'TENTAT
IVE
PAflCEL
MAP
: PT22.j)03
RES
IDENT
IAL

INFORMATION
[ #O
F R
ESIDENTiA
#OF

MULTI-FAM
#OF

AFFORDAB
TOTAL'#
OF
MUL
~L

BUILDINGS
ILY
5+
UNITS
LE

MULTI-FAMI
LY
5+
UN
ITS
.Tl-FAMILY
5+
UNITS
OSeell'.

Ave
4 1,1
40 178 1.318
,vro,aa/J/e
bUr/dlng
me
/Mes
2 managers
umts
lo
t,a
deed
res1ric1e<1
at
100¾
or
AMI

I RESIDEN
TI
AL
MULTI
-FAMIL
Y
BUILD
ING
NUMBE
R
OF

STORIES

I SITEA
6 SITE
B
7 SI
TE
C
7 SITE
D
(AFFOR
DABLE

BUILDING)
6 0
SEELY
AVE
San
Jose
, CA
Council
Disui
ct
4, MLS
: 78,
Planning
Area
: N011)1
San
Jose
HEIGHT ±
68'10"
i
79 ·0·
i
79•0·
i
81'6"
Page
84 or 147
ArchlU!CIWf!I
~
f
l■nnfng
.,,_.__,IHtq!M~ llilCFr-.-,i,_..~nJl
,-.._.,-ml
l
Oo..__
.CA,-~
:;,,
"""'"' StO~ru-.,
,o
•
11\:--:(wLR
tn
-.,1
',\s,
156
Oiabfo
Road',
S1,1t1e
220
_Oany}II
~.

CA
94526
-1-
IMI
f-
l.1t1lll.llilli!i~ill
.__........,
Lo,
4Kiwil
.-..~--.w-.
°""
~"
""II
-­....,........,.
a.,,,,,
,._
C-.fD'!CII'
SUMM
ERH
ILL
HOMES" lll...:
.!...J_!P
COVER
SHEET
I LO
.O I
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit
D
-
Private
Recreation
Credits

PRIVATE

RECREATION
TABLE
OF

CONTENTS
PR
IVATE
REC
REAT
ION
TABLE
OF

CONTENTS
SHEET
LO
CATION

DESCRIPTION
SHEET
LOCAT
ION
DESCR
IPT
ION
L0.0
COVER
SHEET

PROJECT
DATA
L2
.6
SITE
B

INTERIOR

AMENITY
MED
IA
LOUNGE
L0
.1
SHEET
INDEX
SHEET
INDEX
L2.7
SITE
B
INTER
IOR

AMENITY
FITN
ESS
ROO
M
L0.2
SITE
MAP

OVERALL
PLAN
&
SYMBOL
LEGEND
L2.8
SITE
B
EXTER
IOR

AMENITY
POO
L

COURTYARD
L 1.0
SITE
A
KEY
PLAN
SITE
A

OVERALL
PLAN
L2
.9 S
ITE
B

EXTERIOR
AMEN
ITY
SK
Y
DE
CK
L1.1
SITE
A

ELEVATIONS
BU
ILDING
ELEVAT
IONS
L3.0
SITE
C
KEY
PLAN
SI
TE
C
O
VER
AL
L
PLAN
L 1.2
SITE
A

INTERIOR

AMENITY

FITNESS
ROOM
L3
.1
SITE
C

ELEVATIONS

BUILDING

ELEVATIONS
L 1.3
SITE
A

INTERIOR
AMENI
TY
MEDIA
LOUNGE
AND
CLUB
ROOM
L3.2
SITE
C

INTERIOR

AMENITY
ME
DIA
AND
LOUNGE
L 1.4
SITE
A

INTERIOR
AM
ENITY
BIKE
REPAlR
I PET
GROOM
ING
L3
.3
SITE
C

INTERIOR
AMEN
ITY
BIKE
REPA
IR
I
PE
T
GROOM
ING
L 1.
5 SITE
A
EXTERI
OR

AMENITY

COURTYARD
L3.4
SI
TE
C

INTERIOR

AMENITY
CLUB
ROOM

I FITNESS
ROOM
L 1.
6 SITE
A

EXTERIOR

AMENITY
POOL

COURTYARD
L3.
5 SI
TE
C

INTERIOR/EXTERIOR
AMEN
ITY
COV
ERED
LOGGIA
L1
.7
SITE
A

EXTERIOR
AM
ENITY
LAWN

COURTYARD
L3.6
SITE
C E
XT
ER
IOR

AMENITY
POOL

COURTYARD
L 1
.8 SI
TE
A
IN
TER
IOR/

EXTERIOR
AME
NITY

COVERED
LOGGIA
L3
.7
SITE
C

EXTERIOR

AMENITY

COURTYARD
L1
.9 S
ITE
A

EXTERIOR

AMENITY
ENTRY

COURTYARD
L3
.8
SITE
C
EXTER
IOR

AMENITY
SKY
DECK
L1.10
SITE
A
EXTE
RIOR

AMENITY

COURTYARD
L4
.0
SI
TE D
KEY
PLAN
SITE
D

OVERALL
PLAN
---
12 0
SITE
B
KEY
PLAN
SITE
B

OVERALL
PLAN
L4.1
SITED

ELEVATIONS

BUILDING

ELEVATIONS
L2.
1 SITE
B

ELEVATIONS
BUILD
ING

ELEVATIONS
L4.2
SITED
IN
TE
RIOR
AM
ENITY
GM
1E
ROO
M
I
PARTY
ROOM
L2
.2
SITE
B
INTER
IOR
/ EXTERIOR
AMEN
ITY

COVERED
LOGG
IA
L4.3
SITED

INTERIOR

AMENITY

CLUBROOM
L2.3
SITE
B
INTE
RIOR

AMENITY
LOUNG
E
L4.4
SITED
EXTER
IOR
AMEN
ITY

FITNESS

COURTYARD
L2.4
SITE
B

INTERIOR

AMENITY
PET

GROOMING
f BIKE
REPAIR
L4.5
SITE
D E
XTER
IOR
AMEN
ITY
COU
RTYA
RD
L2
.5
SITE
B
INTER
IOR

AMENITY

CLUBROOM
I
SHEET
INDE
X
I
L0.1
I
Page
85 of 147
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit
D
-
Private
Recreatio
n Credits
SHEET

LOCATION
ELEM
ENT
NAME
L 1.2
~SITE
A

INTERIOR

AMENITY

FITNESS
ROOM
L1.3
SITE
A
IN
TERIOR

AMENITY
MEDIA
ANO
CLUB
RM
L 1.4
SITE
A
IN
TERIOR

AMENITY
BIKE
REPAIR
L 1.4
S
IT
E
A
INT
ERIOR

AMENITY
PET

GROOMING
L 1
.5
,SITE
A

EXTERIOR

AMENITY

COURTYAR
D
L 1.6
SITE
A
EXTER
IOR

AMENITY
IPooL
L 1.
7 tSITE
A
EXTER
IOR

AMENITY
LAWN
COU
RTYARD
L 1.8
1SI
TE
A
INT
/
EXT

AMENITY

COVERED
LO
GG
IA
L 1.9
JS
IT
E
A
EXTER
IO
R

AMENITY
ENTRY

COURTYARD
L1.10
S
ITE
A
EXTER
IOR
AME
NITY

COURTYARD
L2
,2
SITE
B
INT/
EXT
AMENIT
Y

COVERED
LOGGIA
,-L2.3
SITE
B

INTERIOR

AMENITY
LOUNGE
L2.4
SITE
B
INTER
IOR

AMENITY

IPETGROOMING
L2
.4
SITE
B
IN
TER
IOR

AMENITY
BIKE
REPAIR
L2.5
SITE
B

INTERIOR

AMENITY
!CLU
BRO
OM
L2
.6
SITE
B

INTERIOR
AMEN
ITY
ME
DI
A
LOUNGE
L2
.7
SITE
B

INTERIOR

AMENITY

FITNESS
ROOM
t..t.anove
f Co.rnoa
ny will
be
respOl\s
lble
for
th&
ownership
,
oper11Ho
n, 1\nd
ma
(n_ta
nance
or aill
0t1siie
amer,ilies
In
lhe
apar
tment
build
ing
un
less
and
vn
til
tile
project
,s sc
lC.

TYPE RECREATION
ROOM

COMMUNITY
ROOM
REC
REAT
IO
N
ROOM

PRIVATE
PET

AMENITY

COMMUNITY
ROOM
SW
IMMING
POOL
PICNIC
AREA

COMMUNITY
ROOM

PRIVATE
GARDEN

COMMUNITY
ROOM

COMMUNITY
ROOM

COMMUNITY
ROOM

PRIVATE
PET

AMENITY

RECREATION
ROOM
lcOM
MUNITY
ROOM

COMMUNITY
ROOM
fECRE
AT
IO
N
ROOM
CLASS

IFICATION
AREA-
SHEET
LOC
ATI
ON
ELEMEN
T
NAME
TYPE.

CLASSIFI
CATION
AREA-
S,F.

S.F
.

NON-ACTIVE

1.738
L2
.8
SITE
B
EXTER
IOR

AMENITY
POOL

COURTYARD

I SWIMMING
POOL

NON-ACTIVE

5.296

NON-ACTIVE
6,030
L2
.9
SITE
B

EXTERIOR

AMENITY
SKY
DECK

COMMUNITY
ROOM
NON
-ACTIVE

1.486
NO
N-A
CTIVE
655
L3.
2 SITE
C

INTERIOR

AMENITY
MED
IA
AND
LOUNGE

COMMUNITY
ROOM
NON-AC
TI
VE
3,360
.

ACTIVE
333
L3
.3
SITE
C

INTERIOR

AMENITY
BIKE
REPAIR

RECREATION
ROOM
NON-AC
TI
VE
510
-

NON-ACTIVE
1,325
L3.3
SITE
C

INTERIOR

AMENITY
PET

GROOMING
PRIVA
TE
PET

AMENITY
ACTIVE
306
NON
-ACTIVE
4,596
L3.4
!SITE
C

INTERIOR

AMENITY

CLUBROOM

COMMUNITY
ROOM
NON
-.-\CT
IVE
1,124
ACTI
VE
4,651
L3.4
SITE
C
IN
TERI
OR

AMENITY

FITNESS
ROOM

RECREATION
ROOM
NOrJ-ACT
IVE
1,973
NON
-A
CTIVE
1,134
L3
.5
SITE
C
INT/
EX
T

AMENITY

COVERED
LOGG
IA

COMMUNITY
ROOM

NON-ACTIVE
1,929
ACTlVE
1,009
L3
.6
SITE
C

EXTERIOR

AMENITY
POOL

COURTYARD

SWIMMING
POOL
NON
-ACTIVE
6,810

NON-ACTIVE

2..168
L3
.7
SITE
C
EXT
ERIOR

AMENITY

COURTYA
RD
PICNIC
ARE.A
ACTIVE
2,181
NON
-A
CTIVE
1,146
L3.8
1SITE
C
EXTER
IO
R

AMENITY
. SKY
DECK

COMMUNITY
ROOM

NON-ACTIVE
1,
150
·-
--

NON-ACTIVE
2,e:n
L4
.2
SITED

INTERIOR

AMENITY
GAME
RO
OM
REC
REA
TION
ROOM
NON•AC1WE

2.so
ACTIVE
308
L4
.2
SITE
D

INTERIOR

AMENITY
PARTY
ROOM
COMMUNIT'r'
ROOM
NON-AC1"1VE

2.40 NON
-ACTI
VE.
495
L4
.3
SITE
D

INTERIOR

AMENITY
CLUB
ROOM

COMMUNITY
ROOM

NON-ACTIVE
944

NON-ACT
IV
E

1.330
L4A
SITE
D
EXTER
IOR

AMENITY
l"IWESS
COUR
TYA
RD

RECREATION
ROOM
NON-AC
TI
VE
959
NOr,i-ACTIVE
925
L4.5
SITE
D
EXTER
IOR

AMENITY

COURTYARD
PICNIC
AREA
A.CT
IVE
1,372

NON-ACTIVE
2,022
TOT
A
L
AREA
-
S
.F
,

62.477
I
NO
N
-A
CTIVE
ELEME
NT
AREAS
I
52 ,317
SF
ACTIVE

ELEMENT
AREAS
10 , 1_60
SF

ELEMENT

DETAILS
MATRIX
I L0
.1A
I
Page
86 of
147
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. l)
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit
D
-
Private
Recreation
Credits
SITEA
See
L 1 .4/
Site
A
Interior
Amenity
-Bike
Repair
See
L 1 .10/Site
A
Exterior
Amenity
I
=i
11-
,
-Courtyard
See
L 1.9/Site
A E
xteri
or
Amenity
14---1
...

P"' ~-
1 ""/
-Entry
Courtyard
•
!Fl
See
L 1.3/Site A
Interior
Amenity
I
711
LEVEL
1 See
L 1 .4
/Site
A
Interior
Amenity
-Pet
Grooming
--=-=
1B
C
,, ,i
,---------~-=+
--=-===lf,f-
---l--
See
L 1
.8/Slte
A
lnter1or/Ex1erior
Amenity
-Media
Lounge
and
Club
Room
See
L 1
.2/Site
A
Interior
Amenity
I
m
1i:
l
.
-~"'
=
"'
1 -
7,
-Covered
L?g~ia
,
~
h
-;~
·
· ·
I Ill
7 I
See
L 1.5/S
ite
A
In
tenor
Amenity
.,_
-·
/J
-Courtyard
Fitness
Room
See
L 1.7
/Site
A
Exterior
Amenity
I d t
~
Lawn
Courtyard
.
• •
~
J------+--+1-,,----+--
See
L 1.6/Site
A
Interior
Amenity
-Poo
l Courtyard
'
-~
-
D_
1 ~
! I
--~
r,)
0 '
SITE
A
KEY
PLAN
I L 1.0
J
Page
88 of
147
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit
D
-
Pr
ivate
Recreation
Credits
,
.._
Roof
" .... ~,-
Le.ve16
" ;a,
level
5 ..
~
~ ... -
Level4
:Z;,
~
..
~
~,
level3
~!
le~el
2 tr
Level
1 l
...
.....
~-
...,.,
11]
,--,
6 2. BU
ILDING
A
-SOUTH
EL

EVATION
'
' ; "
Roof Leve
l 6
!\
Leve
l 5
-,,.
~
!!I
!1
le•
el
4 ~
>w.,
.. -
..
~
Cl
'!1
·,
Level3
"ff
~!
Level
2 ..,.
tr
Level
1 =
'
.::{
j~
,;
I,
-;;
Tl
-r-
~
-

1. BU
IL
DING
A
-WEST

ELEVATION
.---, s
3 5
12 J
12 [12
~
1215
3 I al
11 ~
[ 12
Page
89 of 147
12 4
0 ii
m
-
0 8
16 32
GA
~-----
I ~tl~I
9 11
11 l
0 8
16 32
64 L..-,r
_,.._
-
f Feel
B
D
C
>
~
Materia
I Legend
:

1. Slucco

2. Tile

3. Brick
Veneer

4. Cementitious
Pone
l

5. Cementitious
Siding

6. Metal
Panel

7. Melal
Awning
a.

Metal
Railing

9. Glass
Ramng
10 .

Com,gated
Metal
Screen
11 .

Storclronl

12. Viny
l Window
13 .

Painted
Cor,c,ete

14. Garage
Scree
n

BUILDINGELEVATIONSSITEA
I
L1.1I
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit
D-
Pr
ivate
Recreation
Credits SITE
A
LEVEL
1 (Y 0
0 I.
8 16
;-;,-.;....--;
----r
....... ---~~-
------_ - --
"T
'
!\,'I&.
~--
\t""~
I
</
"\
1,:.~-~
J .,t I I
d;1 ~
f<
I~
·'
\
al
i-~,.
"
~
-
.-..,,.,,--
1/~,~
tit
'(!J:___,
·.:,--
s-r
-e·
---
-
f!
~
1j__
,
all.;~
+
---
): =
-~
-
,,__.......
.
\-,
I
_____
p
ltll
I
____
...,...,
32 j F""t
TRX
StaUmf>~
Page
90 of 147
Amenity
!
Fitnoss
Room
Total
Are
a:
1,738
SF
Classification
: Non-Active
I Recreat
ion
Room
Ar;cess
;
Open
To
Residents
M.alntenance
:

Resident~!
Building
Owner
Reoro'!lional
Benefit
To
Reside
nts
:

The
Fitness
Room
is
an
indao,.
recreatio
n
space
allowing
residents
the
opportun
ity
to
exercise
and
o"joy
other
fitne-ss
activities
on
a
wide
range
of stationary
and
mo~eab
le
egulpmont.

INTE
RIOR

AMENITY
SITE
A
I
L 1.21
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit
D -
Private
Recreation
Credits
SITEA
Soft
Lounge
Furn
iture
~
-·
'------.
,---------------, ~
•
)
I
j
--
. ,, I
:

TT-0
"
___
___
_____
q::

I
-•
--
'
',
r
I
:
'
I
l'HO"

I --J,-
J
I
I
I
I
~
-
,
:
-1
I
r·-'
h ~
:
-----
----,
~----
---
L---~
'·
I
I
::,
1_._
.. "_,
.;.i...
l-_~
"'1-
r-
~l
I
I
I
I
I
I
•
f i,
,..
( T
r
-,
I
I
..__
...
-
....._
L
...
.1
.1.c
I
I
I
I
,
, •
_,
L--,.
-----'i,---.1,,.;~--------------+-1

I I I I I I I I L--
J
0 d
16 32
LEVE
L 1
Amenity
:

Media
Lounge
an
d C
lub
Room
Total
Area
:
6,030
SF
Classifica
tion
:

Non-Active
I Community
Room
Access
:

Open
To
Residents
Maintenance
:

Residential
Building
Own
er
BhllarcJs
Tao1e
R.ec
rea
tion
al B
enefit
To
Re
si
dents
:

The
club
space
feat
ur
es
a
wide
variety
of
amen
iti
es
including
a
med
ia
lou
ng
e,
social
spaces
, dini
ng
spaces
, and
gaming
spac
es.

This
area
is
intended
as
a
pl
ace
for
res
id
ents
to
sit
, relax
, socializ
e.
coll
aborate,
and
watch
movies
or
the
big
game
. Th
ere
is
a
diverse
offering
of
15eating
options
to
acco
m
modate
various
groups
.
:.~
j Feet

INTERIOR

AMENITY
SITE
A
I L 1.3
1 Page
91 of
147
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit
D
-
Private
Recreation
Credits SITEA
nm
I 111~
111
rn 111
m 11111
i! II~ I II~ I I 1~1111
81,e
S1ag1ng
Area
I I ~· I
;,..
30·
-2
·
I
i
,::.t
-
I
1-
"
a
_.\
e
:"2
~
t Fee,
Amenity
:

Bike
Repair
To
tal
Area
:
555SF
Class
ification
:

Non-Active
I Recreation
Room
Access
:-
Open
To
Residents
Maintenance
:

Residential
Building
Owner
Recreationa
l BenelltTo
Residants
:

The
Bike
Repair
Room
provides
a
space
where.
residents
ci!!n
work
on
their
bikes
doing
regular
maintenance
or
repa
irs.

It
also
provides
~
sQcial
spac.c
for
residents
with
shared
lnte
rest
s,
S,cyctc
Aep,.,r
and
Clea
ning
Rac
k
-t-i r---
--
1 --
..
. -,r-
1&
'-2
"
I
'f
I
---
~
~:
-
/:
il__
:
---
Pet
WaSh
Bas
,ns
LEVEL
1 Amenity
:

Pet
Grooming
Total
Area:
333SF
Classification
:

Active
I Private. Pel
Am
enicy
Acces
s:

Open
To
Residents
Maintenance;
Residential
Build
ing
Owne
r
Recreational
Benefit
To
Residents
;
The
Pet
Groom
ing
Spa
prov
ides
a
socia
l space
for
residents
to
clean
and
care
for
thei
r pets
. This
space
includ
es
2 sets
of
washing
and
grooming
stations
.

INTERIOR

AMENITY
SITE
A
I
L 1 .4
I
Page
92 of 147
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Exhibit
D
-
Private
Recreation
Credits
SITEA
-
Ga
te
o
...

E!
,a
32 ~---
''eel
Gate
-
Grill
----9<-
-..........__
Bar
Tab
le
Omamental
Tree
Page
93 of
147
'
Amen
ity
: