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PIA No. 2011-03 - Meritage Homes of California4 A RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 WN47412.4 050211 - 04706091 DOCUMENT: 21215780 IIIIIIIIIIIIVIIIIInIIIIIIIIIAIIII 'VIII �op�., Pages: T 00e AMT PAID 66.00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Owner (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2011 -03 Oliveri Subdivision — Tract 10073 APN: 790 -07 -029 Meritage Homes of California, Inc., a California corporation RDE # 008 6/23/2011 10 :47 AM 4 /11A I t PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. 2011-03 This Property Improvement Agreement ( "Agreement ") is made and entered into thist6ay of May, 2011, by and between the City of Gilroy, a municipal corporation, herein called the "City" and Meritage Homes of California, Inc., a California corporation, herein called the "Developer ". WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as and called: Oliveri Subdivision, Tract 10073, APN: 790 -07 -029, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property ")and as described in the project improvement plans entitled Oliveri Subdivision. WHEREAS, the Developer is the fee owner of the Property and requires certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this Agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. -2- 1KKS1847412.4 4/11/11 050211 - 04706091 SECTION 2 The Developer agrees: a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances, Resolutions, Rules and other Regulations and to comply with the foregoing and all applicable laws. b. To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of way in and to the Property necessary for the City in order that its water, electricity, and /or sewer lines in or to said Property may be extended. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorneys' fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said Property which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said Property; or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this Agreement, including without limitation all claims relating to injury or death of any person or damage to any property. d. To construct and improve all public works facilities and other improvements described in this Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this Agreement on file with the City of Gilroy. All construction and improvements shall be completed in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a -3- IKKS1847412.4 4/11/11 050211 - 04706091 separate maintenance bond issued by an admitted surety in the amount of ten percent (10 %) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one -year maintenance period. The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance's website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to the City prior to Council approval of the final map of the subdivision. Upon approval of the record of survey or the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all other sums payable by Developer pursuant to the attached comprehensive fee schedule. At all times during the term of this Agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this Agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City -4- IKKS1847412.4 4/11111 050211 - 04706091 prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That all the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed to City's satisfaction within one year from and after the date and year of this Agreement first above written. Developer shall maintain such public works facilities and other improvements described in this Agreement at Developer's sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property. SECTION 4 That the faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by Developer. SECTION 5 That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is an instrument affecting the title or possession of the real property described in Exhibit A and runs with the land. Except as expressly provided in the second sentence of Item 9 of the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and permitted assigns and all subsequent fees owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and /or entity. Upon the sale or division of the Property described in Exhibit A, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement. -5- IKKS1847412.4 4111111 050211 - 04706091 SECTION 6 That the following general stipulations shall be completed subject to the approval of the Community Development Director. 1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 3. All work within the public right -of -way shall be subject to the approval of the City Engineer and /or Public Works Director. 4. Before construction utilizing combustible materials may proceed, an all weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 150 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. All work shall be coordinated so that the existing residents on Church Street have access to their properties. 6. Off -site public improvements shall be installed per the approved Improvement Plans. 7. The Developer shall provide to the City of Gilroy electronic files, in a format acceptable to the City (PDF, DWG format, AutoCAD 2004 maximum) of the final map, tract map and /or parcel map, improvement plans, and record drawings. 8. Before issuance of any building permit, all roadway infrastructures shall be in place and covered with an all weather road subject to the approval of the City Engineer. 9. If there are any reimbursements payable to the Developer, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Developer named in this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City's reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. In addition to any other conditions, requirements and limitations set forth in the City's reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Developer's reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be of high importance are determined by City, in its sole and absolute discretion, to be warranted -6- IKKS1847412.4 4/11/11 050211 - 04706091 or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance. Reimbursements payable to Developer, subject to the terms and conditions of this Agreement and the City's reimbursement policies and ordinances in effect from time to time, are limited to Impact Fee Reimbursements for water oversizing (from the 12 inch that Developer is responsible for to the 16 inch that is being proposed) and the median island improvements. SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $ 124,713.73 (Minimum, actual amount to be determined) IN WITNESS WHEREOF, City has executed this agreement as of Ma 011. ATTE ShaWna Freels &Y CLERK APPROVED AS TO FORM: CITY ATTORNEY TY OF GILROY Tom Haglund CITY ADMINISTRATOR IN WITNESS WHEREOF Owner has executed this agreement as of OWNER c , 4 ' ,kk k By: �T •rs Lr u.c� l�-'�P �-7 NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. Property Improvement Agreement No. 2011 -03 -7- 1K 047412.4 4/11/11 050211 - 04706091 T, STATE OF CALIFORNIA ) , )SS. COUNTY OF ^ , T ^ rvT e u n ) Sa4-A AJo On S' • / , before me, I LQC,' C , a notary public, personally appeared _--In Sf LX-A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /sx -Mtey executed the same in his"-_ it authorized capacity(ies}, and that by his /nc - signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify uncrer PENALTY OF PERJURY under the laws of the State of California that the foregoing p ' afaaraoh true and correct. ZkZa d nd official seal. - UN FLOKS COMM. ►1889080 �►.�- Notary Public - Caldoroia o lgnature Solano County Comm. f ires Jun. 8 M14 (seal) '?b ?, ;Zd o.3� per GC Sec. 40814; CC Sec. 1181 -8- WM847412.4 4/11/11 050211 - 04706091 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of sn A *A Clore( CIVIL CODE § 1189 On Vti1&4 ZLf. 200 d before me, S e, nd rn e . Nex JC1 !✓"i(�j) Date te Here Insert Name and Title of the Officer --r ' personally appeared I U r n H Lf IA 1 U rl d Name(s) of Signer(s) SANDRA E. NAVA Commission # 1908181 Notary Public - Calilornla Santa Clara County M Comm. E ires Now 11,2014 who proved to me on the basis of satisfactory evidence to be the person(g) whose name(T is /arts subscribed to the within instrument and acknowledged to me that he /sjze9#gey executed the same in his/Wt,Wr authorized capacity(ieg), and that by his /tyerf /tPwI r signature.{) on the instrument the person(, 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. WITNESS my hand and official seal. Signature: la F . 4V Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document L e' Title or Type of Document: f' i c PP c l "1 P rc' r��' fl t }�1t ?�.1 i�.t'1' I ►v �' �D I I -G 5 Document Date: Cl_ ?. U Number of Pages: 7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ General Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing © 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 5/3/2011 11:13 AM COST SCHEDULE Fees Last Revised July 2, 2007 G: \COMDEV\ENGINEERING \FEES \Project Cost Schedules \TRACT 10073 OLIVERI CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO: E1 Revised: April 28, 2011 Revision Number: #1 DATE: _ April 6, 2011 Revision By: jim maestri NUMBER: PROJECT LOCATION: TRACT 10059 LANDS OF OLIVERI PARCEL NUMBER: OWNER /DEVELOPER: MAILING ADDRESS: TELEPHONE NO: JOINT TRENCH $210,000 PER AMANDA WILSON 4 -6 -11 FACTORED IN PREPARED BY: JIM MAESTRI 408 - 846 -0244 Account No. Key Code Fee: Credits: Amount Due: Account Description: Paid on Invoice # 100 - 2601 - 0000 -3625 4904 $6,113.40 $0.00 $6,113.40 Special Public Works Sery 100 - 2601 - 0000 -3605 4702 $104,236.88 $0.00 $104,236.88 Engring Plan Check & Insp 420 - 2600 - 0000 -3660 4501 $5,119.20 $0.00 $5,119.20 Storm Development Fee 432 - 2600 - 0000 -3660 3301 $1,041.40 $0.00 $1,041.40 Str Tree Development Fee DEFERED TO 433 -2600- 0000 -3660 4905 $0.00 $0.00 $0.00 Traffic Impact Fee DEFERED TO 435 -2600- 0000 -3660 4509 $345,831.00 $0.00 FINAL Sewer Development Fee DEFERED TO 436 - 2600 - 0000 -3660 4510 $108,018.00 $0.00 FINAL Water Development Fee DEFERED TO 440 - 2600 - 0000 -3660 4515 $0.00 $0.00 $0.00 Public Facility Impact Fee 720 - 0433 - 0000 -3620 2202 $6,202.65 $0.00 $8,202.65 Const Water Use Fee 801 - 2601 -PWDO -3899 4703 $0.00 $0.00 $0.00 Reimbursements 801 - 2601 -PWDO -3899 4703 $0.00 $0.00 $0.00 Other Reimbursements Total $124,713.73 Payment Bond $1,227,961 Performance Bond $1,227,961 COST SCHEDULE Fees Last Revised July 2, 2007 G: \COMDEV\ENGINEERING \FEES \Project Cost Schedules \TRACT 10073 OLIVERI 5/3/2011 11:13 AM CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS N0: ti DATE: NUMBER: PROJECT LOCATION: TRACT 10059 LANDS OF OLIVERI PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: JOINT TRENCH $210,000 PER AMANDA WILSON 4 -6 -11 FACTORED IN PREPARED BY: JIM MAESTRI 408 - 846 -0244 FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK? N INCENTIVE AGREEMENT FEES ONLY ? N (DEFER PUBLIC FACILITY FEE ? TO PERMIT ? N TO FINAL? Y DEFER SEWER, WATER, TRAFFIC FEES ? TO PERMIT ? N TO FINAL? Y NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect at the time permits are issued Site Information: Gross Acres: Lots: Units: Sq Ft: Residential -Low ? 0.000 0 0 Residential -High ? 4.740 51 51 Commercial -Low ? 0.000 0 0 Commercial -High ? 0.000 0 0 Industrial - General ? 0.000 0 0 Industrial- Warehouse ? 0.000 0 0 Assembly Hall? 0.000 0 0 Common Area? 0.000 0 Commercial /Industrial Allocations: Sewer GPD: Water GPD: 0 0 Reimbursements and credits: N Country Estates Water System? N Southeast Quadrant Hydrology Study? N Obata Industrial Park Credit? Front Footage /Square Footage Charges and Construction Water: Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed: 2,540.0 0.0 0.0 0.0 4.740 Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF: 0.0 0.0 0.0 0.0 2,540.0 SPECIAL PUBLIC WORKS SERVICES 100 -2601- 0000 -3625 $6,113.40 Maps: Final Map $2,355.00 + $15.00 / lot Y $3,120.00 Fee ID NO- FINALM Parcel Map $2,560.00 + $15.00 / lot N $0.00 Fee ID NO- PARCELM Re- assessment Map (Assessment District Parcels) $285.00 + $30.00 / lot N $0.00 Fee ID WASSESM Administration Fees: Southeast Quadrant Hydrology Study N $0.00 Fee ID N- SD -QUADA (Not Included) Scanning Fee (For Improvement Plans, multiply # of sheets by 2 - scanning to be done at the beginning and end of the project) 35 # of Sheets for Map and $9.00 / sheet Y $315.00 Fee ID NO -SCAN Improvement Plans COST SCHEDULE (2) Fees Last Revised July 2, 2007 G: \COMDEV\ENGINEERING \FEES \Project Cost Schedules \TRACT 10073 OLIVERI 5/3/2011 11:13 AM Miscellaneous Engineering Services: N 420 - 2600 - 0000 -3660 $0.00 $5,119.20 a.Residential -Low (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) $0.00 Fee ID NO -SD -LD b.Residential -High $1,080.00 15 hr Misc Services $178.56 / hr. $1,864.00 Y $2,678.40 Fee ID N -MISC ENGRING PLAN CHECK & INSPECTION d.lndustrial 100- 2601 - 0000 -3605 / acre N COST ESTIMATE $104,236.88 (Based on total cost of public right -of -way improvements) e.Assembly Hall $688.00 / acre Y FINAL ENGINEERING PLAN CHECK $0.00 0 hr Site grading and $178.56 / hr. / k.s.f. Y $0.00 Fee ID NO- GRADINS reinspection charges / acre Y $0.00 COST FINAL ENGINEERING Fee ID N4- TRAF -IG $3,753.00 / k.s.f. Y ESTIMATE PLAN CHECK DIFFERENCE ($104,236.88) Estimated Cost of Public Improvements $1,227,961 $0 Fee ID NO- PCKINSP 12% $0 to $100,000 Y $12,000.00 Y $0.00 10% $100,000 to $200,000 Y $10,000.00 Y $0.00 8% over $200,000 Y $82,236.88 Y $0.00 Payment Bond Amount for Offsite Improvements $1,227,961 Performance Bond Amount for Offsite Improvements $1,227,961 IMPACT FEES Storm Drain Impact Fee N 420 - 2600 - 0000 -3660 $0.00 $5,119.20 a.Residential -Low $688.00 / acre Y $0.00 Fee ID NO -SD -LD b.Residential -High $1,080.00 / acre Y $5,11920 Fee ID NO -SD -HD c.Commercial $1,864.00 / acre Y $0.00 Fee ID NO -SD -C d.lndustrial $1,375.00 / acre N $0.00 Fee ID NO -SD -1 e.Assembly Hall $688.00 / acre Y $0.00 Fee ID NO -SD -AH Obata Industrial Park Credits (Based on reimbursements due from oversized storm facilities) / k.s.f. Y Obata Fee Credit $1,170.00 / acre Y $0.00 Fee ID N- SD -OBATA Street Tree Fee a.City Planting and Replacement $3.06 / f.f. x b.lnspection and Replacement $0.41 / f.f, x Traffic Impact Fee a.Residential -Low b.Residential -High c.Commercial -Low Traffic (< 10.75 trips /1000 sf) d.Commercial -High Traffic ( >= 10.75 trips /1000 sf) e.lndustrial- General f.I ndustrial-Wareh Ouse COST SCHEDULE 432 - 2600 -0000 -3660 $1,041.40 (3) Fees Last Revised July 2, 2007 G: \COMDEV\ENGINEERING \FEES \Project Cost Schedules \TRACT 10073 OLIVERI N 0.0 = $0.00 Fee ID NO- TREEPLT Y 2,540.0 = $1,041.40 Fee ID NO- TREEINS 433 - 2600 - 0000 -3660 DEFERED TO FINAL $11,809.00 / unit Y $0.00 Fee ID N6- TRAF -AL $9,572.00 / unit Y $486,172.00 Fee ID N7- TRAF -AH $13,065.00 / k.s.f. Y $0.00 Fee ID N3- TRAF -CL $26,390.00 / k.s.f. Y $0.00 Fee ID N3- TRAF -CH $5,178.00 / k.s.f. Y $0.00 Fee ID N4- TRAF -IG $3,753.00 / k.s.f. Y $0.00 Fee ID N4- TRAF -IW (3) Fees Last Revised July 2, 2007 G: \COMDEV\ENGINEERING \FEES \Project Cost Schedules \TRACT 10073 OLIVERI 5/3/2011 11:13 AM Sewer Impact Fee 435 -2600- 0000 -3660 DEFERED TO FINAL a.Residential -Low $12,531.00 / unit Y $0.00 Fee ID N6 -SS -AL b.Residential -High $6,781.00 / unit Y $345,831.00 Fee ID N7 -SS -AH c.Commercial /Industrial $3,966.00 / cgpd Y $0.00 Fee ID N5- SS -C /I Obata Industrial Park Credits (Based on reimbursements due from oversized sewer facilities) Obata Fee Credit $531.00 / acre Y $0.00 Fee ID N- SS -OBATA Water Impact Fee 436 - 2600 - 0000 -3660 DEFERED TO FINAL a.Residential -Low $5,236.00 ! unit Y $0.00 Fee ID N6- WATR -AL b.Residential -High $2,118.00 / unit Y $108,018.00 Fee ID N7- WATR -AH c.Commercial/Industrial $8,208.00 / kgpd Y $0.00 Fee ID N5- WTR -C /I Obata Industrial Park Credits (Based on reimbursements due from oversized water facilities) Obata Fee Credit $154.00 / acre Y $0.00 Fee ID N- WR -OBATA Public Facilities Impact Fee 440 - 2600 - 0000 -3660 DEFERED TO FINAL a.Residential -Low $21,586.00 / unit Y $0.00 Fee ID N6 -PF -AL b.Residential -High $18,286.00 / unit Y $932,586.00 Fee ID N7 -PF -AH c.Commercial $3,139.00 ! k.s.f. Y $0.00 Fee ID N3 -PF -C d.lndustrial $1,394.00 / k.s.f. Y $0.00 Fee ID N4 -PF -I Water User Fee (Construction) 720 - 0433 - 0000 -3620 Y $8,202.85 $2.90 / f.f. $7,366.00 Fee ID NO- CONWTFF plus $176.55 / a.c. $836.85 Fee ID NO- CONWTAC FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure) Water 801 - 2601 -P W DO -3899 $0.00 Water Mains, including fire hydrants, valves and box: (Developer is responsible for up to and including 12" mains) Half Pipe Lineal Footage 6 inch Main $45.00 / LF x N 0.0 = $0.00 Fee ID N- WR06 -1/2 8 inch Main $47.00 / LF x N 0.0 = $0.00 Fee ID N- WR08 -1/2 10 inch Main $54.00 / LF x N 0.0 = $0.00 Fee ID N- WR10 -112 12 inch Main $59.00 / LF x N 0.0 = $0.00 Fee ID N- WR12 -1/2 14 inch Main $65.00 / LF x N 0.0 = $0.00 Fee ID N- WR14 -1/2 16 inch Main $71.00 / LF x N 0.0 = $0.00 Fee ID N- WR16 -1/2 18 inch Main $78.00 / LF x N 0.0 = $0.00 Fee ID N- WR18 -1/2 24 inch Main $95.00 / LF x N 0.0 = $0.00 Fee ID N- WR24 -1/2 30 inch Main $105.00 / LF x N 0.0 = $0.00 Fee ID N- WR30 -1/2 36 inch Main $122.00 / LF x N 0.0 = $0.00 Fee ID N- WR36 -1/2 Country Estates Water System (Not Included) N $0.00 Fee ID N- WR -RESCE COST SCHEDULE (4) Fees Last Revised July 2, 2007 G: \COMDEV\ENGINEERING \FEES \Project Cost Schedules \TRACT 10073 OLIVERI Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Sewer 801- 2601 -PWDO -3899 Sewer Mains, including manhole: (Developer is responsible for up to and including 12" mains) $0.00 Half Pipe N 0.0 = 6 inch Main $84.00 / LF x 8 inch Main $86.00 / LF x 10 inch Main $93.00 / LF x 12 inch Main $95.00 / LF x 15 inch Main $100.00 / LF x 18 inch Main $107.00 / LF x 21 inch Main $117.00 / LF x 24 inch Main $122.00 / LF x 27 inch Main $141.00 / LF x 30 inch Main $165.00 / LF x 33 inch Main $181.00 / LF x 36 inch Main $205.00 / LF x 39 inch Main $243.00 / LF x 42 inch Main $304.00 / LF x Street Improvements N 0.0 = Pavement. Sidewalks & Medians Fee ID N- STR -ACB N 0.0 = AC /Bike path: base $2.55 / SF x AC /Bike path: pvmt $2.50 ! SF x Sidewalk: new $9.75 / SF x Sidewalk: replace $13.25 / SF x Resurfacing $2.55 / SF x Landscaped Median $20.35 / SF x Hardscaped Median $11.63 / SF x Traffic Signals (equipment only Fee ID N- STR -TS3L N 0% = Traffic Signal -3 leg $130,200.00 1 LS x Traffic Signal -4 leg $158,500.00 / LS x Curb and Gutter Fee ID N- STR -C /G N 0.0 = Curh /Gutter: new $25.85 / LF x Curb /Gutter: replace $33.40 / LF x Curb Ramps $1,057 63 / LF x COST SCHEDULE Lineal Footage N 0.0 = $0.00 Fee ID N- SS06 -1/2 N 0.0 = $0.00 Fee ID N- SS08 -1/2 N 0.0 = $0.00 Fee ID N- SS10 -1/2 N 0.0 = $0.00 Fee ID N- SS12 -1/2 N 0.0 = $0.00 Fee ID N- SS15 -1/2 N 0.0 = $0.00 Fee ID N- SS18 -1/2 N 0.0 = $0.00 Fee ID N- SS21 -1/2 N 0.0 = $0.00 Fee ID N- SS24 -1/2 N 0.0 = $0.00 Fee ID N- SS27 -1/2 N 0.0 = $0.00 Fee ID N- SS30 -1/2 N 0.0 = $0.00 Fee ID N- SS33 -1/2 N 0.0 = $0.00 Fee ID N- SS36 -1/2 N 0.0 = $0.00 Fee ID N- SS39 -1/2 N 0.0 = $0.00 Fee ID N- SS42 -1/2 801 - 2601 -P W DO -3899 Square Footage N 0.0 = $0.00 Fee ID N- STR -ACB N 0.0 = $0.00 Fee ID N- STR -ACP N 0.0 = $0.00 Fee ID N- STR -SAN N 0.0 = $0.00 Fee ID N- STR -S/1NR N 0.0 = $0.00 Fee ID N- STR -RESU N 0.0 = $0.00 Fee ID N- STR -LANM N 0.0 = $0.00 Fee ID N -STR -HARD % of Lump Sum N 0% = $0.00 Fee ID N- STR -TS3L N 0% = $0.00 Fee ID N- STR -TS4L Lineal Footage N 0.0 = $0.00 Fee ID N- STR -C /G N 0.0 = $0.00 Fee ID N- STR -C /GR N 0.0 = $0.00 Fee ID N- STR -CR (5) 513/2011 11:13 AM $0.00 $0.00 Fees Last Revised July 2, 2007 G: \COMDEV\ENGINEERING \FEES \Project Cost Schedules \TRACT 10073 OLIVERI N Front Foot Charges Continued Storm Drain Storm Mains, including manholes and catch basins: (Developer is responsible for up to and including 24" mains) Half Pipe 18 inch Main $72.00 / LF x 21 inch Main $79.00 / LF x 24 inch Main $81.00 / LF x 27 inch Main $95.00 / LF x 30 inch Main $102.00 / LF x 33 inch Main $105.00 / LF x 36 inch Main $108.00 / LF x 42 inch Main $112.00 / LF x 48 inch Main $134.00 / LF x 54 inch Main $157.00 / LF x 60 inch Main $181.00 / LF x 66 inch Main $205.00 / LF x 72 inch Main $230.00 / LF x 78 inch Main $247.00 / LF x 84 inch Main $264.00 / LF x 90 inch Main $282.00 / LF x 96 inch Main $300.00 / LF x Southeast Quadrant Hydrology Study (Not Included) (Used to charge and reimburse fees for existing nfrastructure) 801 - 2601 -P W DO -3899 Lineal Footage N 0.0 = $0.00 Fee ID N- SD18 -1/2 N 0.0 = $0.00 Fee ID N- SD21 -1/2 N 0.0 = $0.00 Fee ID N- SD24 -1/2 N 0.0 = $0.00 Fee ID N- SD27 -1/2 N 0.0 = $0.00 Fee ID N- SD30 -1/2 N 0.0 = $0.00 Fee ID N- SD33 -1/2 N 0.0 = $0.00 Fee ID N- SD36 -1/2 N 0.0 = $0.00 Fee ID N- SD42 -1/2 N 0.0 = $0.00 Fee ID N- SD48 -1/2 N 0.0 = $0.00 Fee ID N- SD54 -1/2 N 0.0 = $0.00 Fee ID N- SD60 -1/2 N 0.0 = $0.00 Fee ID N- SD66 -1/2 N 0.0 = $0.00 Fee ID N- SD72 -1/2 N 0.0 = $0.00 Fee ID N- SD78 -1/2 N 0.0 = $0.00 Fee ID N- SD84 -1/2 N 0.0 = $0.00 Fee ID N- SD90 -1/2 N 0.0 = $0.00 Fee ID N- SD96 -1/2 N $0.00 Fee ID N -SD -QUAD NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time Building Permits are issued. The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference. Site grading and reinspection charges including reinspection of backyard drainage will be billed at the Engineering Division hourly rate in effect at the time of inspection. Accepted by: Print Name: �c9 iL [ Lt C- kcii� 41, s Date: X1 COST SCHEDULE (6) 5/3/2011 11:13 AM $0.00 Fees Last Revised July 2, 2007 G:\COMDEV\ENGINEERING \FEES \Project Cost Schedules \TRACT 10073 OLIVERI OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement Total Oversized Water Main Reimbursement (Developer is responsible for up to and including 12" mains Oversized Minimum 12" main Oversized Full Pipe $/foot Full Pipe $ /loot Oversized Footage Reimbursement 14 inch Main $131.00 - $119.00 X 0.0 = $0.00 N 16 inch Main $143.00 - $119.00 X 0.0 = $0.00 N 18 inch Main $155.00 - $119.00 X 0.0 = $0.00 N 20 inch Main $174.00 - $119.00 X 0.0 = $0.00 N 24 inch Main $189.00 - $119.00 X 0.0 = $0.00 N 30 inch Main $209.00 - $119.00 X 0.0 = $0.00 N 36 inch Main $243.00 - $119.00 X 0.0 = $0.00 N Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains Oversized Minimum 12" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 15 inch Main $200.00 - $191,00 X 0.0 = $0.00 N 18 inch Main $214.00 - $191.00 X 0.0 = $0.00 N 21 inch Main $234.00 - $191.00 X 0.0 = $0.00 N 24 inch Main $243.00 - $191.00 X 0.0 = $0.00 N 27 inch Main $280.00 - $191.00 X 0.0 = $0.00 N 30 inch Main $330.00 - $191.00 X 0.0 = $0.00 N 33 inch Main $362.00 - $191.00 X 0.0 = $0.00 N 36 inch Main $409.00 - $191.00 X 0.0 = $0.00 N 39 inch Main $486.00 - $191.00 X 0.0 = $0.00 N 42 inch Main $608.00 - $191.00 X 0.0 = $0.00 N Total Oversized Storm Drain Main Reimbmnt (Developer is responsible for up to and including 24" mains Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 27 inch Main $189.00 - $161.00 X 0.0 = $0.00 N 30 inch Main $203.00 - $161.00 X 0.0 = $0.00 N 33 inch Main $209.00 - $161.00 X 0.0 = $0.00 N 36 inch Main $217.00 - $161.00 X 0.0 = $0.00 N 42 inch Main $226.00 - $161.00 X 0.0 = $0.00 N 48 inch Main $268.00 - $161.00 X 0.0 = $0.00 N 54 inch Main $314.00 - $161.00 X 0.0 = $0.00 N 60 inch Main $362.00 - $161.00 X 0.0 = $0.00 N PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (1) 513/2011 11:13 AM $0.00 $119.00 /LF) $0.00 $191.00 /LF) $0.00 $161.00 /LF) $0.00 Fees Last Revised July 2, 2007 G: \COMDEV\ENGINEERING \FEES \Project Cost Schedules \TRACT 10073 OLIVERI I A Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storm Drain Main Reimbmnt Continued PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (2) 5/3/2011 11:13 AM Fees Last Revised July 2, 2007 G: \COMDEV\ENGINEERING \FEES \Project Cost Schedules \TRACT 10073 OLIVERI 41, Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $ /foot Oversized Footage Reimbursement 66 inch Main $410.00 - $161.00 X 0.0 = $0.00 N 72 inch Main $459.00 - $161.00 X 0.0 = $0.00 N 78 inch Main $495.00 - $161.00 X 0.0 = $0.00 N 84 inch Main $530.00 - $161.00 X 0.0 = $0.00 N 90 inch Main $565.00 - $161.00 X 0.0 = $0.00 N 96 inch Main $600.00 - $161.00 X 0.0 = $0.00 N PIPELINE OVERSIZE REIMBURSEMENT SCHEDULE (2) 5/3/2011 11:13 AM Fees Last Revised July 2, 2007 G: \COMDEV\ENGINEERING \FEES \Project Cost Schedules \TRACT 10073 OLIVERI 41, " ex-lo �,, + A" OLIVER SUBDIVISION VICINITY MAP ... ... ... .. PROJECT AREA NO SCALE PA k If CAN pN MERIHOM -01 BROWNGR A4cQRO° `..... DATE (MM /DD/YYYY) 912812013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Willis Insurance Services of California, Inc. c/o 26 Century Blvd. P.O. Box 305191 Nashville, TN 37230 -5191 INE. Elrt ;($77) 945 -737$ ac No): ($$$) 467 -2378 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Chartis Specialty Insurance Company 26883 INSURER B: Liberty Insurance Corporation 42404 INSURED INSURERC: Meritage Homes Corporation INSURERD: 1671 E. Monte Vista Avenue, Suite 214 INSURERE: Vacaville, CA 95688 INSURER F: REVISION NUMBER: COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL N UB POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 3,000,000 PREMISES Ea occurrence $ 50+000 A X COMMERCIAL GENERAL LIABILITY X RMGL5749895 1011/2005 1011/2014 CLAIMS -MADE 1XI OCCUR MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY $ 3,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 $ X POLICY E O CT T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE PER ACCIDENT $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE _ _ _ 10/1/2013 DED I I RETENTION $ $ _ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVEFN— OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIAWC2Z91434715053 _ 10/1/2014 X T RY LIMIT ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space is required) Job GA Re: Property Improvement Agreement #2011 -03, Oliveri Subdivision - Tract 10073, APN #790 -07 -029. It is a condition of the General Liability that City of Gilroy is hereby added as an Additional Insured only to the extent assumed by the Insured under the written contract, subject to the policy terms, conditions and exclusions as required by written contract CERTIFICATE HOLDER CANCELLATION City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD BROWNGR AL V KU EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DATE (MM/DD/YYYY) YES 10/112013 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRODUCER NAME, PHONE 7 CONTACT PERSON AND ADDRESS A/C No Ext (877) 945 -738 COMPANY NAME AND ADDRESS NAIC NO: 10030 Willis Insurance Services of California, Inc. Westchester Fire Insurance Company c/o 26 Century Blvd. 436 Walnut Street P.O. Box 305191 Philadelphia, PA 19106 Nashville, TN 37230 -5191 IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH FAX ,(888) 467 -2378 ADDRESS: CODE: SUB CODE: POLICY TYPE Builders Risk AGENCY MERIHOM -01 CUSTOMER ID #: NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER 1 121107487 001 Meritage Homes Corporation 1671 E. Monte Vista Avenue, Suite 214 X EFFECTIVE DATE EXPIRATION DATE X Vacaville, CA 95688 If YES, LIMIT: DED: FUNGUS EXCLUSION (if "YES ", specify organization's form used) CONTINUED UNTIL 10/1/2013 10/1/2014 TERM INATEDIFCHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: t'KUI'tK I Y INt-UKMA I IUN. (Use KCMAKr b on page z, IT more space is requirea) L& MUILUIN1.7 UK W DUW NtJJ YtKJUNAL YKUI'GK I T LOCATION /DESCRIPTION Re: Property Improvement Agreement #2011 -03, Oliveri Subdivision - Tract 10073, APN #790 -07 -029. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' rY11 1CDAr_C ItdCA0NAATIr1K1 ­11 c ­01 loon I I oACIn I I DDnen CDCrIAi I X I All Risk Intl Flnnri R FM COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 20,000,000 DED: 25,000 T TGAGEE YES NO 'NIA (_Xj BUSINESS INCOME ❑ RENTAL VALUE X Loss Payee If YES, LIMIT: X I Actual Loss Sustained; # of months: 12 BLANKET COVERAGE X RUTH REPRESENTATIVE 7351 Rosanna Street If YES, indicate value(s) reported on property identified above: $ TERRORISM COVERAGE X Attach Disclosure Notice / DEC IS THERE A TERRORISM - SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? X LIMITED FUNGUS COVERAGE X If YES, LIMIT: DED: FUNGUS EXCLUSION (if "YES ", specify organization's form used) X Manuscript REPLACEMENT COST X AGREED VALUE X COINSURANCE X If YES, 0% EQUIPMENT BREAKDOWN (If Applicable) X If YES, LIMIT: 10,000,000 DED: 25,000 ORDINANCE OR LAW -Coverage for loss to undamaged portion of bldg X Demolition Costs X If YES, LIMIT: 2,500,000 DED: 25,000 Incr. Cost of Construction X If YES, LIMIT: 2,500,000 DED: 25,000 EARTH MOVEMENT (If Applicable) X If YES, LIMIT: 10,000,000 DED: FLOOD (If Applicable) X If YES, LIMIT: 10,000,000 DED: WIND / HAIL (If Subject to Different Provisions) X If YES, LIMIT: DED: PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS X CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST ACORD 28 (2009112) Page 1 of 2 © 2003 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD T TGAGEE CONTRACT OF SALE LENDER SERVICING AGENT NAME AND ADDRESS DERS LOSS PAYABLE X Loss Payee NAME AND ADDRESS City of Gilroy RUTH REPRESENTATIVE 7351 Rosanna Street Gilroy, CA 95020 ACORD 28 (2009112) Page 1 of 2 © 2003 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EVIDENCE OF COMMERCIAL PROPERTY INSURANCE RtMAKKS - Incwaing special uonaiuons (use onry IT more space is Special Conditions: Coverage Summary Risk/Mobile Equipment policy insures against risks of direct physical loss or damage, including Earthquake, Flood and Wind, subject to policy terms and 0,000,000 Per Occurrence $25,000 Per Occurrence - all covered perils EXCEPT: rthquake: 5% of the actual value per unit of insurance at the time of loss at locations within California, parts of Nevada and ISO ne 1, subject to a minimum of $250,000 per occurrence. 2% of the actual vale per unit of insurance at the time of loss at locations thin all other states (ISO Zone 2) subject to a minimum of $250,000 per occurrence. )od: 5% of the actual value per unit of insurance at the time of loss at locations wholly or partly within Special Flood Hazard Areas FHA); Flood Zone A & V, areas of 100 year flood zones as defined by FEMA, subject to a $500,000 Minimum. Special Flood dorsement applies. All other Flood zones subject to $25,000 deductible. nd: 5% of the actual value per unit of insurance at the time of loss at locations wholly or partly within Florida, subject to a minimum $500,000 per occurrence. 5% of the actual value per unit of insurance at the time of loss at locations in Tier One counties and iuston area, subject to a minimum of $250,000 per occurrence. All Other, subject to $25,000 deductible. ty of Gilroy is hereby added as Loss Payee only to the extent assumed by the Insured under the written contract; ;subject to the licy terms, conditions and exclusions as required by written contract. ACORD 28 (2009/12) Page 2 of 2