RECORD WITHOUT FEE
PURSUANT TO GOV'T CODE SECTION 6103
Recording Requested by:
Office of the City Attorney
City of Santa Clara, Californi
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE] The undersigned declares that this document is recorded at the request of and for the benefit of the City of Santa Clara and therefore is exempt from the payment of the recording fee pursuant to Government Code $6103 and 27383 and from the payment of the Documentary Transfer Tax pursuant to Revenue and Taxation Code §11922.
PARK IMPROVEMENT AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
and
TOD BROKAW, LLC
This PARK IMPROVEMENT AGREEMENT (this "Agreement") is entered into this _ 2023 ("Effective Date"), by and between the CITY OF
SANTA CLARA, a chartered California municipal corporation with its principal place of business located at 1500 Warburton Ave, Santa Clara, CA ("City"), and TOD BROKAW, LL.C, a California Limited Liability Company ("Developer"). City and Developer may be referred to herein individually as a "Party" or collectively as the "Parties" or " Parties to this Agreement."
RECITALS
nderstandines and intenter entor into this Agreement on the basis of the following facts ind the following recitals are a substantive part of this Agreemen Developer is the fee title owner of that certain real property located in the City and more paiticularly descrihed on Exhibit A attached hereto (the "Project Site").
The City and Developer are parties to that certain Development Agreement (Gateway Crossings), recorded in the Official Records of Santa Clara County, California on October 9, 2019 as Document No. 24300322 (the "Development Agreement") with respect to the development of the Project Site with an infill mixed-use project as more particularly described therein (the "Project").
1 Pursuant and subject to applicable provisions and requirements of the Development Agreement and Santa Clara City Code ("SCCC") Chapter 17.35 (collectively, the "Parkland Requirements"), Developer is obligated to improve and thereafter dedicate to City, and whereupon City intends to accept, certain lands within the Project Site for an approximately 2.l acre neighborhood park and a minimum 0.46 acre linear park (collectively the "Parklands") are more particularly described on Exhibit B-1 and Exhibit B-2 and depicted on the final map in Exhibit C attached hereto. The naming of the parks will follow City Council Policy No. 035.
Developer and City desire to enter into this Agreement in order to satisfy their respective obligations with respect to the improvement and dedication of the Parklands consistent with the Parkland Requirements.
NOW, THEREFORE, the Parties hereby agree as follows:
AGREEMENT
Recitals Incorporated. The foregoing recitals are true and correct and are part of this Agreement for all purposes.
Design and Construction of Parklands Improvements.
(a) Park Improvement Plans. Pursuant to the Parkland Requirements and this Agreement, Developer, or Developer's construction contractor shall construct and improve the Parklands with certain landscaping and other improvements (collectively, the "Parklands Improvements"). City has previously approved schematic design plans for the 2.1-acre neighborhood park as set forth in Exhibit D attached hereto and Developer will at a later date submit plans for the 0.46-acre mini park (collectively the "Park Improvement Plans"). Park Improvement Plans are subject to revision and further refinement/development through City plan check process.
(b) Construction; Phasing. The Parklands Improvements for the Project shall be constructed in compliance with the City-approved Park Improvement Plans. Developer, through its design professionals, shall review and approve all materials of construction and provide a copy of all approved material submittals for use during the construction phase in advance for contractor shall provide regular construction updates of construction schedule activities to allow materials. At City's discretion, City may inspect the Parklands Improvements during construction to ensure conformity with plans and standards. Developer shall have the right to construct the Parklands Improvements within each phase of the Project ("Phase") in accordance with Section
2.7 of Development Agreement. Developer shall commence the construction of the Parklands Improvements within each Phase at such times as Developer deems desirable and shall complete such construction in accordance with the timing requirements set forth in Section 2(d) below.
Developer shall provide reasonable notice, a minimum of two weeks, to City prior to the start of construction of Parklands Improvements within a Phase.
2 (c) Change Orders. Any change orders to the City-approved Park Improvement Plans must be in writing and shall be subject to the prior written approval of City and Developer in their respective sole and absolute discretion.
(d) Completion of Construction; Final Inspection.
1. Phase One. Developer shall complete the construction of the Parklands Improvements prior to the issuance by City of the Final Certificate of Occupancy for the last residential building to be constructed within Phase One of the Project.
When Developer completes the construction of the Parklands Improvements for Phase One, Developer shall provide written notice of completion to City ("Notice of Completion") and request a walk-through inspection. Developer shall also provide soil and geotechnical reports for City review and acceptance. Within five (5) business days following the date of City's receipt of the Notice of Completion for Phase One, City shall conduct a final inspection of the applicable Parklands Improvements (the "Final Inspection"'). If, during the Final Inspection, City determines that the Parklands Improvements have not been completed in accordance with the approved Park Improvement Plans, City shall prepare a punch list of all items to be completed by Developer and shall provide such punch list to Developer five (5) business days following the Final Inspection. If City delivers such punch list to Developer, then Developer shall undertake to correct such punch list items in a diligent manner. Upon completion of the punch list work, Developer shall request another Final Inspection from City and within five (5) business days following such written notice from Developer, City shall conduct another Final Inspection. If City determines that the punch list work is complete, City shall immediately deliver to Developer a notification of final completion and City acceptance of the Parklands Improvements. If City determines that the punch list work is not complete, then City and Developer shall repeat the Final Inspection/punch list procedures specified in this Section 2(d)(1) until City accepts the Phase One Parklands Improvements as set forth in this Section 2(d)(1). For the purposes of this Section 2(a), the Parklands Improvements shall be deemed to be "completed" when Developer has completed construction of the applicable Parklands Improvements for Phase One in accordance with the Park Improvement Plans and delivered the Notice of Completion to City, and City accepts such Parklands Improvements as set forth in this Section 2(d)(I).
Phase Two. When Developer completes the construction of the Parklands Improvements for Phase Two, Developer shall provide written notice of completion to City ("Notice of Completion") and request a walk-through inspection. Developer shall also provide soil and geotechnical reports for City review and acceptance.
Within five (5) business days following the date of City's receipt of the Notice of Completion for Phase Two, City shall conduct a final inspection of the applicable Parklands Improvements (the "Final Inspection"). If, during the Final Inspection, City determines that the Parklands Improvements have not been completed in accordance with the approved Park Improvement Plans, City shall prepare a punch list of all items to be completed by Developer and shall provide such punch list to Developer five (5) business days following the Final Inspection. If City delivers 3 such punch list to Developer, then Developer shall undertake to correct such punch list items in a diligent manner. Upon completion of the punch list work, Developer shall request another Final Inspection from City and within five (5) business days following such written notice from Developer, City shall conduct another Final Inspection. If City determines that the punch list work is complete, City shall immediately deliver to Developer a notification of final completion and City acceptance of the Parklands Improvements. If City determines that the punch list work is not complete, then City and Developer shall repeat the Final Inspection/punch list procedures specified in this Section 2(d)(2) until City accepts the Phase Two Parklands Improvements as set forth in this Section 2(d)(2). For the purposes of this Section 2, the Phase Two Parklands Improvements shall be deemed to be "completed" when Developer has completed construction of the applicable Phase Two Parklands Improvements in accordance with the Park Improvement Plans and delivered the Notice of Completion to City, and City accepts such Parklands Improvements as set forth in this Section 2(d)(2).
3. The Parties acknowledge and agree that the entry into this Agreement and the completion of the Phase One and Phase Two Parklands Improvements and the acceptance of the Parklands Improvements by City as provided herein satisfies in full any and all of Developer's obligations to construct the Parklands Improvements under all applicable Parkland Requirements.
(e) Acceptance of Dedication. The Parklands, including the Parklands Improvements, for each Phase shall be granted by Developer to City by separate instrument after the Parklands Improvements thereon have been inspected and accepted by City pursuant to Section 2(d) of this Agreement. City shall accept (i) dedication of fee title to the Parklands by means of a grant deed in form and free of encumbrances, unless otherwise agreed upon by the Parties prior to close of escrow (the "Parklands Grant Deed). City shall accept the dedication of the Parklands of each Phase prior to its use by the general public. City shall open escrow with First American Title Company to facilitate the transfer of fee title for each of the Parklands from Developer to City. Developer shall pay all escrow, title and closing costs, including the cost of a pro forma ALTA standard owners policy. Transfer shall be at Developer's sole cost. The close of escrow for each of the Parklands, by means of recording of the Parklands Grant Deed shall occur no later than sixty (60) days after the completion and acceptance of the Parklands Improvements thereon by City. The Parties acknowledge and agree that the recording of the Parklands Grant Deed satisfies Five Million Seven Hundred Forty Nine Thousand Seven Hundred Twelve Dollars ($5,749,712) of the balance of Developer's Parklands dedication obligations and fees due in lieu for Phase One, and Fourteen Million Forty Four Thousand Four Hundred Seventy One Dollars ($14,044,471) of the balance of Developer's Parklands dedication obligations and fees due in lieu for Phase Two, regarding parkland dedication under all applicable Parkland Requirements, including Sections 2.7, 4.3 and 4.12 (Parkland Dedication) of the Development Agreement.
Maintenance and Repair. Prior to the acceptance of the Parklands Improvements by City, Developer shall, at its sole cost and expense, maintain, repair, replace and insure the Parklands until City acceptance of the Parklands Grant Deed, as applicable, pursuant to Section 2(e). Following City acceptance of the Parklands Improvements and the Parklands Grant 4 Deed, Developer shall maintain the Parklands pursuant to, and as governed solely and exclusively by, a separate Park Maintenance Agreement entered into between Developer and City concurrently with or subsequent to their execution of this Agreement (the "Park Maintenance Agreement"). (g) Force Majeure.
Defined. As used herein, "Force Majeure Event" shall mean 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, epidemics, strikes, labor disturbances or actions, civil disturbances or riots, litigation brought by third parties against either City or Developer or both, any failure by the other Party to comply with its obligations hereunder, or any governmental order or law (including any order or law of City) which causes an interruption in the performance of this Agreement or prevents timely delivery of materials or supplies.
Excuse from Performance. Should a Force Majeure Event prevent performance of this Agreement, 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.
Exclusions. Notwithstanding the foregoing, the following shall not excuse or suspend performance under this Agreement:
Performance under this Agreement shall not be suspended or excused for any matter or condition that does not constitute a Force Majeure Event as defined in Section 2(g)(1).
B. Negligence or failure of Developer to perform, its obligations under this Agreement shall not constitute a Force Majeure Event.
The inability of Developer for any reason to have access to funds necessary to carry out its obligations under this Agreement or the termination of any contract by any contractor or subcontractor or for Developer's default under such contract shall not constitute a Force Majeure Event.
Nondiscrimination. In the performance of this Agreement, Developer shall not discriminate, in any way, against any person on the basis of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
In Lieu Fee Payments by Developer. Developer shall make payment to City as set forth in Exhibit E attached hereto, which shall satisfy in full Developer's obligation to pay fees 5 in-lieu of parkland dedication under all applicable Parkland Requirements, including Section 4.12 of the Development Agreement.
Notices. All notices, demands, consents, requests, approvals, disapprovals, designations or other communications (all of the foregoing hereinafter referred to as "notice") pursuant to this Agreement shall be in writing and delivered in person, by commercial courier or by first-class certified mail, postage prepaid. Notices shall be deemed to have been properly given if (a) served personally, or (b) mailed, when deposited with the United States Postal Service within the boundaries of the continental United States for registered or certified delivery, return receipt requested, with postage prepaid, or (c) sent by receipted overnight courier, postage prepaid, in each case addressed to the applicable recipient as follows:
If to City:
City of Santa Clara
Attn: City Manager
1500 Warburton Avenue
Santa Clara, California 95050
Or by email at: [email protected]
With copy to:
City of Santa Clara
Attn: Director of Parks & Recreation
1500 Warburton Avenue
Santa Clara, California 95050
Or by email at: [email protected]
If to Developer:
TOD BROKAW, LLC
c/o Edward Storm and Deke Hunter
10121 Miller Ave., Suite 200
Cupertino, CA 95014
Or by email at: [email protected] and [email protected] With copy to:
David H. Blackwell, Esq.
Allen Matkins Leck Gamble Mallory & Natsis LLP
3 Embarcadero Center, 12th Floor
San Francisco, CA 94111-4074
[email protected]
Either Party may change its address for purposes of this Section by giving written notice to the other Party. All notices shall be deemed given and received, if served personally, when actually 6 received and receipt is acknowledged in writing, upon delivery if delivered by commercial courier, or two (2) days after mailing if sent by United States Postal Service. If delivery of a notice is refused between the hours of 9:00 A.M. and 5:00 P.M. on a business day, or fails because of a changed address of which no notice was given, then such notice shall be deemed given and received, if mailed or sent by courier, at the time delivery was first attempted, as shown by postal or courier receipt.
5. Entire Agreement. Except as expressly set forth herein, this Agreement, including all Exhibits attached thereto, constitutes the entire understanding of the Parties as to those matters contained herein.
Amendment. The provisions of this Agreement may be waived, altered, amended, or repealed, in whole or in part, only by the mutual agreement of the Parties in writing. The City Manager is authorized to amend this Agreement on behalf of the City.
Actions by City. Where this Agreement requires or permits City to act and no officer of the City is specified, the City Manager or the designated representative of the City Manager has the authority to act on City's behalf.
8. Hold Harmless/Indemnification.
To the extent permitted by law, Developer agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents (collectively, "City Parties') from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner to the extent arising from, or alleged to arise in whole or in part from, or in any way connected with the negligence or willful misconduct of Developer or its officers, employees, agents, representative, contractors or subcontractors in connection with the performance of the construction of Parkland Improvements by Developer pursuant to this Agreement. However, the obligation to indemnify shall not apply to the proportionate extent such liability is ultimately adjudicated to have arisen in whole or in part from the active negligence or willful misconduct of City or the City Parties; the obligation to defend is not similarly limited
b) Developer's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Developer, against City (either alone, or jointly with Developer), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
(c) To the extent Developer is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Developer warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act. 7 9. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it shall In no way affect, impair or invalidate any other provisions hereof, and the other provisions shall remain in full force and effect.
10. Assignment. Except as otherwise expressly set forth herein, neither Party shall convey, assign or transfer ("Transfer"') any of its interests, rights or obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld, delayed or conditioned; provided, however, that City acknowledges and agrees that Developer is authorized to hire, and to delegate to, appropriately qualified contractors and/or subcontractors to perform the Parkland Improvements required under this Agreement. A Transfer by any party comprising Developer to any of the following entities or persons shall not require approval of City and shall automatically result in the release of the assigning Developer from its obligations hereunder: (i) any entity or person that receives a permitted Transter (as defined in the Development Agreement) of Developer's interests, rights and obligations under and pursuant to the Development Agreement; (ii) any entity that is an affiliate of Developer; (ili) any other party comprising Developer; and (iv) any entity or person that acquires or leases any portion of the Project Site, provided said entity or person consents to said assignment. As used herein, an "affiliate of Developer" means any entity that directly or indirectly controls or is controlled by or under common control with Developer (whether through the ownership or control of voting interests, by contract, or otherwise). Except as otherwise expressly provided herein, should Developer transfer any of its interests, rights or obligations under this Agreement, it shall nonetheless remain liable for performance of the obligations for installation of public improvements and payment of fees, unless the transferee executes an Assumption Agreement in a form reasonably acceptable to City whereby the transferee agrees to be bound by the relevant terms of the Agreement, including the obligations for installation of public improvements and payment of fees. During the Term, Developer shall provide City with written notice of a request to make any Transfer of any interest in this Agreement that requires City's consent hereunder ninety (90) days prior to any such contemplated Transfer. Any such request for a Transfer shall be accompanied by quantitative and qualitative information that substantiates, to City's satisfaction, that the proposed transferee has the capability to fulfill the rights and obligations of this Agreement. Within forty-five (45) days of such a request and delivery of information, City Manager, or City Manager's designee, shall make a determination, in his or her sole discretion, as to whether the Transfer shall be permitted or whether such Transfer necessitates an Amendment to this Agreement, subject to approval by City Council.
Actions by City. Where this Agreement requires or permits City to act and no officer of the City is specified, the City Manager or the designated representative of the City Manager has the authority to act on City's behalf.
12. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it shall in no way affect, impair or invalidate any other provisions hereof, and the other provisions shall remain in full force and effect.
13. Binding Nature. Subject to the provisions of Section 9 and this Section, this Agreement binds and inures to the benefit of the Parties and their respective successors, assigns 8 and legal representatives. Subject to the preceding provisions of this Section, this Agreement and all provisions thereof shall be binding upon Developer and Developer's successors and assigns during the term of this Agreement and their respective ownership of the Project Site or any legal parcel, lot or interest therein (whether or not such successors or assigns have executed any assignment or assumption agreement with the prior Developer); provided however that, notwithstanding the foregoing or any other provision herein to the contrary, this Agreement and the provisions thereof shall not be binding upon (A) any lender or mortgagee of Developer (unless such lender or mortgagee elects in writing, in its sole and absolute discretion, to assume the rights and obligations of Developer hereunder) or (B) any assigning Developer released from its obligations hereunder pursuant to the applicable provisions of Section 9.
14. Construction of Agreement. Section headings in this Agreement are for convenience of reference only and shall not affect the meaning or interpretation of any provision of this Agreement. As used herein: (i) the singular shall include the plural (and vice versa) and the masculine or neuter gender shall include the feminine gender (and vice versa) where the context so requires; (ii) locative adverbs such as "herein," "hereto," and "hereunder" shall refer to this Agreement in its entirety and not to any specific Section or paragraph; (iii) the terms "include," "including," and similar terms shall be construed as though followed immediately by the phrase "but not limited to;" and (iv) "shall," "will" and "must" are mandatory and "may" is permissive.
This Agreement and each of the provisions herein, has been reached as a result of negotiations between the Parties and their respective attorneys. This Agreement shall not be deemed to have been prepared by, or drafted by, any particular Party or Parties hereto, and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party or Parties shall not be employed in the interpretation of this Agreement. The language in this Agreement in all cases shall be construed as a whole and in accordance with its fair meaning.
15. Attorney's Fees. In the event of litigation between the Parties, or if a Party becomes involved in litigation because of the wrongful acts of the other Party, the Parties shall each pay their respective attorney's fees, expert witness costs and cost of suit.
16. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
17. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that the signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties.
18. Term. The term of this Agreement ("Term") shall commence upon the Effective Date and shall expire for each public park parcel on the date the grant deed for the respective public park is recorded with the County of Santa Clara.
[Remainder of Page Intentionally Blank; Signatures Follow] 9 shall become operative on the Effective Date.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
APPROVED AS TO FORM:
Approved as to Form: Dated:
GLEN R. GOOGINS JOVAN D. GROGAN
City Attorney City Manager
City of Santa Clara 1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY"
TOD Brokaw, LLC,
a California limited liability company
By: H/S Brokaw, LLC,
a California limited liability company
Its: Manager
By:
Manager
Tallo
By:
Edward D. Storm
Manager
"DEVELOPER"
10 ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of_Santa Clara
On September 15, 2023 before me, - D. Gaines, Notary Public (insert name and title of the officer)
personally appeared Derek K. Hunter, Jr
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) israre subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/hertheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
D. GAINES
Notary Public • California
WITNESS my hand and official seal. Santa Clara County
Commission # 2345251
My Comm. Expires Feb 5, 2025
Osin
Signature_ (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual ho signed the document to which this certificate i
ttached, and not the truthfulness, accuracy, c
State of California
County of_ Santa Clara
On September 15, 2023 before me, - D. Gaines, Notary Public (insert name and title of the officer)
personally appeared Edward D. Storm
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/sholthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
D. GAINES
WITNESS my hand and official seal. Notary Public - California Santa Clara County NNA
Commission # 2345251
My Comm. Expires Feb 5, 2025
l. Serio
Signature_ (Seal)
ExhibitA
Legal Description of Apoge site
September 1, 202
roject No. A18034-1
EXHIBIT "1"
LEGAL DESCRIPTION
All that certain real property situated in the City of Santa Clara and Partially in the City of San Jose, County of Santa Clara, State of California, being all of Lots One, Two, Legal Description prepared by Kier && Wright Civil Engineers and Swreyors, Inc.
LAND
PARARON
09/01/2023 air tings
Date Ryan/M. Amaya, 15 8134
*
STATE No. 6134
OF
7:201818034 17DCCSSUREYLGAL DESCRIPTIONS:14 Loes 2023-09-01-A:8034-17-Lagal Descripcioa foa 14 Los • Gatorar Crossines doc
Exhibit A
4819-4956-9507.12
375753.00020/9-13-23/dhb/dhb -1-
Exhibit B-1
Park Improvement Agreement
Legal Description of Neighborhood Parklands
Projeer No. 18030-13
EXHIBIT "B-1"
LEGAL DESCRIPTION
All that certain real property sifuated in the City of Santa Clara, County of Santa Clara, tate of California, being all of Lot Six as shown on that certain 14 lot subdivision M f Tract 10532 for "Gateway Crossings", filed for record on October 6, 2020, in Boc 933 at Pages 38 through 42, Oficial Records of Santa Clara County.
Legal Description prepared by Kier & Wright Civil Engineers and Surrerors, Inc.
LAND
LICENSED SURVE YOR
04/07/2023 игринаплик
Date Ryan M. Amaya, L'S. 8134 * *
No. 8134
NATE OF CALIFORNIA
2:2018 A18034-17DOCS:SURVEYLEGAL DESCRIPTIONS LOT SIX-GATEWAY CROSSINGS 1023-04-07-A18034-17-Lega Description for Lot Six Gateway Crossings do
Exhibit B-1
4819-4956-9507.12
375753 00020/9.13-23/dhb/₫hb -1-
Exhibit B-2
to
Park Improvement Agreement
Legal Description of Mini Park Parklands
April 7, 202:
Project No. A18034-17
EXHIBIT "B-2"
LEGAL DESCRIPTION
All that certain real property situated in the City of Santa Clara, County of Santa Clara, Legal Description prepared by Kier & Wright Civil Engineers and Surregors, Inc.
LAND
M. AMAT SURVE YOR
04/07/2023 192an Henny
Date yau M. Amaya, L'.S. 813
STATE OF No. 8134
CALIFORNIA
Lee Derri LOSE SECTS OT SEVEN GATEWAY CROSSI:G52033-0107-A1803-17- Exhibit B-2
4819-4956-9507.12
375753.00020/9-13-23/dhb/dhb - 1-
Exhibit C
to
Park Improvement Agreement
Final Map of the Neighborhood Park (Lot 6) and Mini Parkland (Lot 7) (See Following Page)
Exhibit C
4819-4956-9507.12
375753.00020/9-13-23/dhb/dhb - 1-
OWNER'S STATEMENT TRACT NO. 10532 SURVEYOR S STATEMENT
GATEWAY CROSSINGS
CONSISTE SEETS 8-24-2000
MY KIER+WRIGHT
SOIS AND GEOLOGICAL REPORT
CITY ENGINEER'S STATEMENT CITY ENGINEER'S STATEMENT
PENAIT PARENA LASANI
DNT: 9-2-2020 933/
38, Exhibit C -2-
142
CITY LAND SURVEYOR'S STATEMENT CITY SURVEYOR'S STATEMENT E RONCA BATE NE CONNO DE MERON LEONON MAP AO I AR SATOTO RAI SÃO D
POETA AS DE A CATORA LA E MUTY CORANT
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CITY CLERK'S STATEMENT RECORDER'S STATEMENT
nem 2464440€
TRUSTEE'S STATEMENT
COANA ALCENNORA OCUNTY ALCACER
1/25/2020
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Job No. A18034-17 SAM2018-01183/PLN2016-12321 SHEET 1 OF 5 24644406 38
TRACT NO. 10532
GATEWAY CROSSINGS
CONSIST SHETS
AY KIER+WRIGHT
OWNER'S ACKNOWLEDGMENT TRUSTEES ACKNOWLEDGMENT 9371
OWNERS ACKNOWLEDGMENT
139, Exhibit C -3-
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gradesa REMINDER LOT
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20000
DETAI BROKAW ROAD NEWHALL DRIVE
CORCORAN DRIVE- LEGEND
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PARCEL 0.5353 AC315 4.002 = ACROS CHAMPIONS WAY
Exhibit C -4-
LOT SIX BASIS OF BEARINGS
EICHT EN FANGE: ILE
42 (8821 OR 146)
ZWONDO WAY WONDO WAY-
BROKAW ROAD LA PRIATE STRATI LA SOLATE STREET CHAMPIONS DRIVE DETAIL "C" LANTAL SILE
"F°
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028 K.05 KAIL TRACT NO. 10532
CHASTAIN PLACE AIDA STRETT <-PARCEL
GATEWAY CROSSINGS
PARK (TOR CHATO THOMAN NOTELANT
CHAMPIONS WAY
DETAIL "D" 123 LARATE STARED CONSENT S SHETS
A KIER+WRIGHT
SEXT AR SHOO EVIE A FAL (OTICA ID HAECA)
Job No. A18034-17 SAM2018-01183/PLN2016-12321 SHEET 3 OF 5 24644406 40
LINE TASLE CURVE TABLE
TRACT NO. 10532
GATEWAY CROSSINGS SCOS
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1y 10 1695
COLEMAN AVENUE LOT FIVE 35051 5 *5,35
BROKAW ROAD 14199 Gr THE CITY OF SAN M35 15.00
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Exhibit C -5-
CORCORAN DRIVE. 20%
PARCEL "B"
E.1973 ACRES
19417*
A753 05 CHAMPIONS WAY TA PUILE STREET, AC3 C
PARCEL
10000 100 IN
SEE SHEET 5 Job No. A18034-17 SAM2018-01183/PLN2016-12321 SHEET 4 OF 5 24644486 41 375753.00020/9-13-23/dhb/dhb
4819-4956-9507.12
4819-4956-9507.12
375753.00020/9-13-23/dhb/dhb th
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CURVE TABLE
Exhibit D
to
Park Improvement Agreement
Neighborhood Park Improvement Plans
BROKAW ROAD
WONDO WAY PLAY ARE:
DOG AREA OFF LEASH
PLAZA
CHASTAIN PLACE
LE EAR REFERENCE RAN GATEWAY CROSSINGS NEIGHBORHOOD PARK
PERMIT SET SUBMITTAL
DECEMBER 22. 202
Exhibit D
4819-4956-9507.12
37553.002/9-13-23/dhb/dhb -I-
Exhibit E
to
Park Improvement Agreement
In-Lieu Fee Calculation*
Phase 1
Total
Fee in lieu of Parkland Dedication
(724 units) $ 15,209,068
Public Parklands Dedication Value $ (6,676,042)
Projected Credit for Proposed On-Site
Park and recreation facilities $ (2,783,314)
Parkland Value Deficit (in lieu fee due) $ 5,749,712
PHASE I
Table 1. Computation of Parkland Dedication
Project Unit Type: Multi-Family Dwelling Mitigation Fee Act Persons/Dwelling Type 2.24
Multi-Family Project Units 724
Residents 1622
Parkland Dedication Required(acres): R/1000x2.53 4.1031 Fee In Lieu of Parkland Dedication $15,209,068
Table 2. Public Parkland Dedications Proposed, Service Level Parkland Proposed Square Feet Acres Type of dedication
Neighborhood Park 87,725 2.014 Fee Title
Total to be dedicated 87,725 2.014
Total Proposed Dedicated Public Parkland Value: $6,676,042 ExhibitE
4819-4956-9507.12
375753.00020/9-13-23/dhb/dhb -1-
Table 3. Credit for proposed Private On-site Park & Rec "Active Rec Uses" Sq. Ft. Acres
Building 1 On Grade
fitness room 2455 0.0564
Building 1 Podium
6B courtyard 2750 0.0631
3D courtyard 13500| 0.3099
5B family picnic area 270 0.0062
3C courtyard near pool 8340 0.1915
7 pool area 7120 0,1635
5A family picnic area near pool 340 0.0078
8 recreation room 1268 0.0291
Building 2 On Grade
6A fitness area 2733 0.0627
Building 2 Podium
5A family picnic area in 3B courtyard 400 0.0092
3B courtyard 4700 0.1079
3C courtyard 5100 0.1171
8 recreation room 1899 0.0436
1312 0.0301
1290 0.0296
5B family picnic area 850 0.0195
5C family picnic area 1650 0.0379
3A courtyard 0.2863
7 pool area 0.1079
Total 1.6792
Credit 50% tar private Active Recreation & Value 0.8396 $ 2,783,314 Parkland Value Deficit (Surplus) after Credit 1.2496 5 5.749,712 Phase 2*
Total
Fee in lieu of Parkland Dedication
(841 units) $17,645,880
Public Parklands Dedication Value $ (1,748,213)
Projected Credit for Proposed On-Site
Park and recreation facilities $ (1,853,196)
Parkland Value Deficit (in lieu fee due) $ 14,044,471
*Calculations may change if area calculations for the public parks and/or the private amenity areas change.
Exhibit E
4819-4956-9507.12
375753.00020/9-13-23/dhb/dhb -2-