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PIA No. 2013-01 - KB Homes South BayRECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 WUMENT: 22458366 pages. 35 Fees. 132.00 Taxes. . Copies. 231 00 AMT PAID REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Title Company (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2013 -01 OAK PLACE — Tract 10184 APN: 808 21 033 KB Home South Bay, Inc. RDE # 007 11/26/2013 2:22 PM :22 PM ' , 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. 2013 -1 This Property Improvement Agreement ( "Agreement ") is made and entered into this day of &L, r% , 2013, by and between the City of Gilroy, a municipal corporation of the State of California, herein called the "City," and KB Home South Bay Inc., a California corporation, herein called the "Developer ". WHEREAS, a final map of subdivision (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 "Oak Place" (the "Project "), Tract No. 10184, APN: 808 -21- 033, a legal description of which is attached hereto and incorporated herein as Exhibit A (the "Property "), and as described in the project improvement plans entitled OAK PLACE IMPROVEMENT PLANS (the "Plans "); and, 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 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 material terms, covenants, conditions to be performed by Developer pursuant to this Agreement; and, WHEREAS, in consideration of approval of a final map for the Project by the City Council, Developer desires to enter into this Agreement, whereby Developer promises to install and complete, at Developer's own expense, all the public improvement work required by City in connection with the proposed Project as more specifically set forth herein. NOW THEREFORE, for and in consideration of the approval of the Plans and the request for public utilities service, and in order to ensure satisfactory performance by Developer, the parties agree as follows: 1. Developer's Obligations; Construction of the Improvements. A. Commencement of Work: Time for Completion. All work to be done pursuant to the terms of this Agreement is to be completed to City's satisfaction within one (1) year from and after the date and year of this Agreement first written ABOVE, -2- excluding the off -site improvements as described herein. Said off -site improvements described herein shall be completed to the City's satisfaction pursuant to the conditions as stated therein. The Project is subject to, and the Developer shall conform to, all of the applicable mitigation measures, including the Final Environmental Impact Report, Barberi Urban Service Area Amendment (04- 02) Mitigation Monitoring Program No. 1, Master Plan Approval Resolution No. 2011 -21, Architectural and Site (A/S) 10 -22 Approval Resolution No. 2011 -22, and Tentative Map TM 07 -11 Approval Resolution No. 2011 -23 collectively the "Project Approvals," including, without limitation, construction of the following improvements in accordance with the Plans: In accordance with TM 07 -11 Final Conditions of Approval dated April 18, 2011 ( "Final Conditions of Approval ") No. 19, the following improvements shall be completed prior to the issuance of the one hundred fiftieth (150) building occupancy permit: a. Luchessa Avenue and Monterey Road improvements at the southwest corner and traffic signal modifications, b. Luchessa Avenue and Princevalle Street intersection improvements and traffic signal, ii. In accordance with TM 07 -11 Conditions of Approval, No. 20, the following improvement shall be completed prior to the issuance of the first (1 st) building occupancy permit, not including model homes: Monterey Street and Tenth Street traffic signal modification to full eight (8) phase traffic signal, including associated roadway, striping, and ADA improvements. iii. In accordance with TM 07 -11 Conditions of Approval No. 21, the following improvement shall be completed prior to the last ten (10) building occupancy permits: improvements to the intersection of Monterey Street and Tenth Street, consisting of one left turn lane, two through lanes, and one dedicated right turn lane for northbound Monterey Road. B. Improvements at Intersection of Monterey Road and Luchessa Avenue. Developer agrees to construct all public works facilities and other improvements described in this Agreement and set forth in the approved Plans excluding the construction of the ultimate improvements of the intersection of Monterey Road and Luchessa Avenue. At the intersection of Monterey Road and Luchessa Avenue, Developer shall only construct the improvement to the southwest corner and shall install the traffic signal improvements, consistent with the terms of this Agreement. All construction and improvements shall be completed in accordance with all standards established in municipal codes, ordinances, resolutions, rules and regulations, all applicable laws and this Agreement, and in accordance with -3- the grades, plans, and specifications approved by the City Engineer. i. Improvement plans for the improvements located at the intersection of Monterey Road and Luchessa Ave, the improvements located at the intersection of Luchessa Avenue and Princevalle Road, and the sound wall on the north side of Luchessa Ave. from Princevalle to Monterey shall be submitted for approval to the Director of Public Works /City Engineer, prior to March 31, 2014, with both parties working in good faith. Time is of the essence and the City shall review and comment on improvement plan submittals in a timely manner and approval by the Director of Public Works /City Engineer shall not be unreasonably withheld. ii. In accordance with the Project Approvals including, without limitation, EIR Sound Study Mitigation and TM 07 -11 Condition of Approval No. 17, Developer shall construct a new sound wall on the north side of Luchessa Avenue between Princevalle Street and Monterey Road. Prior to March 31, 2014, Developer shall contact the property owners whose property abuts the right of way on the north side of Luchessa Avenue between Princevalle Street and Monterey Road, and request permission to remove the existing adjacent masonry wall at Developer's expense. Developer shall remove all walls as approved by the property owners. If any property owner declines the removal of the wall, the new sound wall will be constructed immediately adjacent to the existing wall, with any gap between the walls filled or otherwise protected. C. In accordance with A/S 10 -22 Condition of Approval No.I and the Barberi USA Amendment Subsequent FEIR Mitigation Monitoring Program No. 1, the Developer shall enter into an agreement to pay Agricultural Mitigation in -lieu fees. Both parties shall work in good faith to complete the agreement prior to March 31, 2014; provided however, if the parties are unable to do so despite their good faith efforts, then this date shall be extended to such time as may be reasonably required to complete the agreement. The City acknowledges that Developer has deposited with the City the sum of $128,450 as an advance toward the payment of the mitigation fee, to be determined by the Agricultural Mitigation Agreement. Additionally, Developer has deposited with the City the sum of $10,000 to reimburse to the City for its costs in connection with the processing of this agreement. D. In accordance with A/S 10 -22 Condition of Approval No.4, the Developer shall enter into an affordable housing agreement prior to the issuance of the first building permit for the production housing. Additionally, Developer has deposited with the City the sum of $10,000 to reimburse to the City for its costs in connection with the processing of this agreement. E. Developer is relieved of TM 07 -11 Final Conditions of Approval dated April io 18, 2011 ( "Final Conditions of Approval ") No. 19.c. Said condition requires the installation of a traffic signal at Luchessa Avenue and Thomas Road. As stated in the attached letter dated October 17, 2013 (attached as Exhibit C), Glen Loma Ranch developer accepts full responsibility to construct the improvements to this intersection and is providing the full mitigation as required by the Final Condition of Approval No. 19.c. 2. General Stipulations. The following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer: A. 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. B. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. C. All work within the public right -of -way shall be subject to the approval of the Public Works Director /City Engineer. D. 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, or other acceptable facility approved by the Fire Marshal, 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 Marshal. E. All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties. F. Off -site public improvements shall be installed per the approved Plans. G. The Developer shall provide to the City 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, Plans, and record drawings. H. Before issuance of any building permits other than building permits for model homes, unless otherwise approved by the Fire Marshal, all roadway infrastructures (exclusive of those improvements described in Section 1(a)) shall be in place and covered with an all- weather road subject to the approval of the City Engineer. 3. Reimbursement. Developer shall be reimbursed for all ultimate improvements as set forth in the following paragraphs: -5- A. Luchessa Avenue widening improvements including, without limitation, design costs, new pavement, including aggregate base, asphalt concrete, striping and pavement markings, and median landscaping. The maximum reimbursement amount in the Traffic Impact Fee Program (TIFP) for improvements on Luchessa Avenue from Monterey Road to Tenth Street is $4,104,672 (Currently budgeted in Fiscal Year (FY) 16). The maximum reimbursement amount the Developer is eligible for is the lesser of the prorated amount of the TIFP for the section of Luchessa Avenue that is constructed (which prorated amount shall be determined by the parties in good faith) or the actual costs for the design and construction of the pavement and striping. B. Improvements to the ultimate configuration of the intersection of Luchessa Avenue and Monterey Road. The maximum reimbursement amount in the TIFP for the ultimate improvement of the entire intersection is $1,867,796.00 ($400,000 currently budgeted in FY 15 and $1,467,796 currently budgeted in FY 16). Developer is constructing the ultimate improvements to the southwest comer of the intersection and the traffic signal modifications and the maximum reimbursement shall be the lesser of the prorated amount of the TIFP for the southwest corner (which prorated amount shall be determined by the parties in good faith) or the actual cost for the design and construction of the improvement. C. Improvements to the ultimate configuration of the intersection of Luchessa Avenue and Princevalle Street, including traffic signalization. The reimbursement amount of the actual costs for the improvement up to a maximum of $576,624.00 (Currently budgeted in FY 15). D. Developer shall submit documentation evidencing the quantities installed and the actual costs. Pursuant to the 2011 Comprehensive Fee Schedule, the reimbursement amount is the actual costs for the construction of the improvements with a maximum amount as described above. E. 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. 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 0 payments in any given year if projects deemed by City to be of high importance are determined by City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance. Notwithstanding anything to the contrary in this Agreement including, without limitation, this Section, Developer's right to receive reimbursements shall not expire prior to the full reimbursement of the amounts payable to Developer hereunder, (ii) Developer shall be reimbursed out of the Traffic Impact Fund (or any other fund from which Developer is entitled to reimbursement), sharing with other developers claiming similar reimbursement on a "first in -first out" basis, and (iii) the City shall use reasonable efforts to reimburse Developer as soon as reasonably possible, subject to clause (ii).. F. The attached Exhibit B, "Development Cost Schedule" enumerates all fees and their extensions, which have been paid by Developer. TOTAL AMOUNT DUE CITY $ 545,095.07 4. The Work: Places and Grades to be Fixed by Engineer. All of the improvements shall be performed by Developer at the places, with the materials, in the manner, and at the grades, all as shown upon the Plans therefor approved by the City Engineer, and to the satisfaction of said City Engineer. The term "work" when mentioned in this Agreement shall include all labor, and /or materials and/or services associated with the construction of the improvements, including but not limited to the design, construction, environmental assessment, any work required under applicable environmental documents, permitting, engineering, testing and inspections for the improvements. The Developer shall pay all costs associated with the performance of the work. A. Superintendence by Developer. Developer shall give personal superintendence to all work on the improvements, or have a competent foreman or superintendent satisfactory to the City Engineer on the work site at all times during progress, with authority to act for Developer. The inspection services of City described in this Section are solely for the benefit of City, and City shall not be responsible for any defective work or materials which could have been discovered by Developer through independent inspection. The Developer, at Developer's expense, shall have a registered civil engineer establish the horizontal and vertical control survey, if necessary, to construct the improvements in accordance with the Plans. B. Sums Payable. 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. -7- C. Inspection/City's Right of Entry onto Land. Developer shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Developer hereby grants the City and its elected officials, officers, representatives, employees, agents and servants access to the improvement sites for all purposes relating to the work to be performed under this Agreement, subject to Developer's reasonable rules and regulations and security precautions, which are not inconsistent with worksite regulations of State of California Division of Health and Industrial Safety. Upon completion of the work, the Developer may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Plans and City standards. D. Cost of Engineering eering and Inspection. Developer has paid to City, in accordance with City's ordinances, rules and regulations, any and all fees and costs incurred by the City in providing inspection, plan review and other services with regard to the work to be accomplished under this Agreement, including overhead expenses, if any. This provision shall not be construed to require the City to provide services, in connection with the work, beyond those that the City normally provides in connection with construction projects. E. Repairs and Replacements. Except to the extent arising from the sole negligence or willful misconduct of the other party, Developer shall replace or have replaced, repair or have repaired, as the case may be, or pay to the owner, the entire cost of replacements or repairs, of any and all property damaged or destroyed by reason of any work performed hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, partnership or association, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction and subject to the approval of the owner of the damaged property. F. Cleanliness of Construction Sites. Developer will continuously clean each site where an improvement is being constructed and all areas in any way connected to the performance of the work and shall keep each site in a safe, orderly, and neat condition. At the completion of each improvement, each site will be left in a broom -clean condition. G. Repair or Reconstruction of Defective Work. If within a period of one (1) year after final acceptance of the completed improvements constructed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Developer, or any of the work performed under this Agreement, fails to fulfill any of the requirements of this Agreement or the approved Plans referred to herein, Developer shall, without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Developer fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Developer can be notified or act, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Developer shall pay to City the actual cost of such repairs plus fifteen percent (15 %). This provision shall not be construed to limit in any way any other legal rights or remedies that the City may have under any law, and is intended to supplement any other rights and remedies that the City may have under California law and under federal law. H. Injury to Work; Risk of Loss. Until such time as the improvements are accepted by the City, Developer shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by City, Developer will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements unless resulting from the sole negligence or willful misconduct of the City. All such risks shall be the responsibility of and are hereby assumed by Developer. I. Developer's Obligation to Warn Public During Construction. Until final acceptance of the improvements, Developer shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. J. Independent Contractor. Developer hereby declares that it is engaged in an independent business, and agrees to perform the work as an independent contractor and not as the agent, employee, or servant of City. Developer has and hereby retains the right to exercise full control and supervision of the work and full control over the employment, direction, compensation, and discharge of all persons assisting in the work. Developer agrees to be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other regulations governing such matters. Developer agrees to be responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Developer shall complete the work hereunder in accordance with currently approved methods and practices in Developer's field. City shall have the right to control Developer only with respect to specifying the M results to be obtained from Developer pursuant to this Agreement. Likewise, no relationship of employer and employee is, or shall be created by this Agreement between the City and Developer or any contractor or subcontractor or employee of Developer. Nothing contained in this Agreement shall be construed as limiting the right of Developer to engage in Developer's trade separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Developer of the obligations set forth in this Agreement. ii. Except as City may specify in writing, Developer shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Developer shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. K. Standard of Performance. Developer shall complete the work required pursuant to this Agreement in the manner of, and according to the standards observed by a competent duly licensed contractor engaged in the geographical area in which Developer conducts its business. All work whatsoever nature which Developer delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and shall conform to the standards of quality normally observed by a duly licensed contractor. L. Time. Developer shall devote such time to the work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Developer's obligations pursuant to this Agreement. Acquisition and Dedication of Easements or Rights-of Way. A. Developer shall acquire and dedicate, or pay the cost of acquisition by City, of all rights -of -way, easements and other interests in real property for construction or installation of the improvements, free and clear of all liens and encumbrances. B. Developer shall be responsible for obtaining any public or private drainage easements or authorizations to accommodate the Project. C. If any of the public improvement and land development work contemplated by this Agreement is to be constructed or installed on land not owned by Developer or the City, no construction or installation shall be commenced before: The offer of dedication to City of appropriate rights -of -way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or ii. The dedication to, and acceptance by, City of appropriate rights -of -way, easements or other interests in real property, as determined by the City -10- Engineer, or iii. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. Developer shall comply in all respects with the order of possession. D. Developer shall execute the Agreement Regarding Condemnation of Off -Site Property for Tract No. 10184. 6. Security. Developer shall at all times guarantee Developer's performance of this Agreement by furnishing to City, and maintaining 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. Pursuant to the "Preliminary Opinion of Probable Construction Cost" dated September 16, 2013 for Oak Place on -site and off -site improvements, the estimated total cost of the Project improvements is $10,657,500. City agrees that Developer has delivered the Payment Bond and Faithful Performance Bond in forms acceptable to the City that complies with the terms set forth below. A. 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 ($10,657,500), 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 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 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. B. 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 ($10,657,500). 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 -11- Section 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. C. 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. 7. Insurance. A. 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. B. Thirty (30) days advance written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and 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 -12- 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. 8. Breach, Notice of Breach and Default, and Termination. A. The faithful and prompt performance by the Developer of each and every material 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. Notwithstanding anything to the contrary herein, neither party shall be in default unless the other party has first delivered to such party a written notice of the default, and the party receiving such notice has not cured the default within thirty (30) days after receipt of the notice; provided however, that if the default cannot reasonably be cured within such 30 -day period, then such party shall have such additional reasonable time as may be necessary to cure the default provided such party commences the cure within the 30 -day period and diligently prosecutes such cure to completion. B. Delay by City in giving a notice of default shall not constitute a waiver of any default nor shall it change the time of default. Any failures or delays by City in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, nor deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. C. If Developer at any time during the duration of this Agreement becomes insolvent, or if proceedings in bankruptcy are instituted by or against Developer, or if Developer is adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of Developer is appointed in any suit or proceeding brought by or against Developer, or if Developer makes an assignment for the benefit of creditors, then and in each and every such case, this Agreement shall immediately cease, terminate, and be cancelled upon written notice by City and without the necessity of suit or other proceeding. D. If Developer, at any time during the progress of the work, refuses or neglects, without the fault of City, to supply sufficient materials or workers to complete the work within the time allowed in subparagraph 8.A above having been notified in writing by City to furnish them, City shall have the power to furnish and provide such materials and workers as are necessary to finish the work, and the reasonable expense thereof shall be paid by Developer, failing which City shall have -13- immediate recourse to Developer's bonds. E. City shall have the right at any time, when in its opinion as expressed by the vote of the City Council, Developer is in breach of this Agreement by a written notice delivered to Developer to require Developer to discontinue all work under this Agreement, and Developer shall then discontinue the work and City will have power to contract for completion of the work or to complete the work itself, and Developer shall pay to City the actual cost of such work plus fifteen percent (15 %). F. Developer shall at all times be bound and abide by all of the City's ordinances, rules and regulations now in effect or hereinafter amended or enacted, and any person obtaining service from City through the improvements to be constructed shall likewise be so bound. If any provision of this Agreement conflicts with any of the City's ordinances, rules and regulations, the City's ordinances, rules and regulations shall prevail. 9. Personnel A. Qualifications. Developer shall assign only competent personnel to complete the work pursuant to this Agreement. In the event that City, for good cause, at any time during the term of this Agreement, desires the removal of any such persons, Developer shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. The City shall provide Developer with written notice of the good cause for removal. The City's rights under this subparagraph are subject to the other provisions of this Agreement, the collective bargaining rights of any applicable union or employee, and all applicable laws relating to the rights of such persons. B. Licensed Contractors. The Developer agrees to hire only California licensed construction contractors to perform the work and to provide the materials and services necessary to construct the improvements. C. Indemnify and Hold Harmless. Developer will indemnify and hold harmless City, its elected and appointed officials, officers, attorneys, agents, employees and volunteers from and against any claim of any person or persons, including attorneys' fees, that arises in any way from the removal of such person or persons, unless the request for such removal is not made with good cause or is in violation of any applicable law. D. Employment Eligibility. Developer shall ensure that all employees of Developer, general contractor and any subcontractor retained by general contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of this Agreement as required by the Immigration -14- Reform and Control Act of 1986. 10. Indemnification. Developer shall indemnify, defend with counsel of City's choice, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, servants, and volunteers 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. 11. Agreement Runs With The Land. This Agreement, including without limitation the General Stipulations outlined in Section 2, is an instrument affecting the title or possession of the real property and runs with the land. 12. Successors and Assigns. Except as expressly provided in Section 3 (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 fee owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and/or entity. Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement. 13. Compliance with Laws. A. In General. Developer shall observe and comply with 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, which 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, the current Zoning Ordinance, and the currently adopted Uniform Building Code. B. Licenses and Permits. Developer represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Developer to accomplish its obligations under this Agreement. Developer represents and warrants to the City that it shall, at its sole cost and -15- expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Developer to accomplish its obligations. C. Drug -free Workplace. Developer and Developer's employees and subcontractors shall comply with City's policy of maintaining a drug -free workplace. Neither Developer nor Developer's employees, contractors and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code § 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or work site used in any manner in connection with performing services pursuant to this Agreement. If Developer or any employee, contractor or subcontractor of Developer is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Developer shall notify the City within five days thereafter. D. Discrimination Prohibited. Developer assures and agrees that Developer will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non -merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. E. Developer not Agent of City. Neither Developer nor any of its agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this Agreement. 14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit City to any such apportionment. 15. Vesting of Ownership. Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City. 16. No Vesting of Rights. Performance by Developer of this Agreement shall not be construed to vest Developer's rights with respect to any change in any zoning or building law or ordinance. 17. Notices. Formal notices, demands, and communications to be given under this Agreement by any party shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage pre -paid, return receipt requested, or by Federal -16- Express or other courier service which provides a written receipt of delivery, or delivered or sent by facsimile transmission to the addresses set forth below. The notices and other communications shall be deemed received and effective upon: (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if mailed, the date of delivery or refusal to accept delivery indicated in the certified or registered mail receipt; or (iii) if given by courier service, on the date of delivery evidenced by the receipt for delivery provided by the courier service; or (iv) if faxed, on the date and time shown on the fax confirmation sheet. Any notice, request, demand, direction or other communication sent by fax must be confirmed within forty -eight (48) hours by letter mailed or delivered in accordance with the foregoing. Notice required to be given to City shall be addressed as follows: City of Gilroy Attention: Teresa Mack, Development Engineer 7351 Rosanna St. Gilroy, California 95020 Proof of insurance and of requests for reimbursement to be filed with: City of Gilroy Attention: Teresa Mack, Development Engineer 7351 Rosanna St. Gilroy, California 95020 With copies to: William D. Ross, Esq. Law Office of William D. Ross 400 Lambert Street Palo Alto, California 94306 Notice required to be given to Developer shall be addressed as follows: KB Home South Bay Inc. 5000 Executive Parkway, Suite 125 San Ramon, CA 94583 Attention: Ray Panek Telephone: (925) 983 -4520 Facsimile: (925) 983 -4590 Email: rpanek @kbhome.com KB Home 5000 Executive Parkway, Suite 125 San Ramon, CA 94583 -17- Attention: Lauren Boro Telephone: (925) 983 -4507 Facsimile: (866) 954 -4927 Email: lboro@kbhome.com Notices required to be given any surety shall be addressed to its address shown on its bond; provided, that any party or the surety may change such address by notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the new address. 18. No Waiver. The waiver of any party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. The subsequent acceptance by either party of any monies that become due hereunder shall not be deemed to be a waiver for any preexisting or concurrent breach or violation by the other party of any provision of this Agreement. 19. Assignment. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, Developer is entitled to hire a general contractor and subcontract such portions of the work to be performed under this Agreement. 20. Benefits and Taxes. Developer shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Developer shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Developer shall indemnify and hold City harmless from any and all liability that City may incur because of Developer's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Developer. 21. City's Disclaimer of Liability. Notwithstanding any provisions of this Agreement, the City does not undertake any responsibility or liability for any claim, demand, cause of action, damage, cost, expense, loss, or liability, in law or in equity, of any kind and nature whatsoever, that in any way arises from or is in any way connected to the execution of this Agreement and/or to the performance of any and all of the work or obligation under this Agreement. Notwithstanding the foregoing, nothing in this Section 21 shall release the City from its obligations under this Agreement. 22. Parties in Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights on any persons other than the parties to it and their representatives, successors and permitted assignees. 23. Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against any party, regardless of the degree to which any party participated in its SF-111 drafting. Each of the parties has received the advice of legal counsel prior to signing this Agreement. Each party acknowledges no other party or agent or attorney has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce another party to execute this Agreement. The parties agree no provision or provisions may be subject to any rules of construction based upon any party being considered the party "drafting" this Agreement. When the context and construction so require, all words used in the singular herein shall be deemed to have been used in the plural, and the masculine shall include the feminine and neuter and vice versa. Whenever a reference is made herein to a particular provision of this Agreement, it means and includes all paragraphs, subparagraphs and subparts thereof, and, whenever a reference is made herein to a particular paragraph or subparagraph, it shall include all subparagraphs and subparts thereof. 24. Captions. The captions in this Agreement are for convenience and reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 25. References to Laws. All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. 26. References to Days. All references to days herein are to calendar days, including Saturdays, Sundays and holidays, except as otherwise specifically provided. Unless otherwise required by a specific provision of this Agreement, time hereunder is to be computed excluding the first day and including the last day. 27. Time of Essence. Time is of the essence of this Agreement and of every part of this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. 28. Severability. If any non - material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, and such remaining provision shall be enforced as if such invalid or unenforceable provision had not been contained herein. 29. Amendment. This Agreement may not be modified or amended in any respect except by a writing signed by the parties. 30. Exhibits. Each of the Exhibits identified is attached hereto and incorporated herein and made a part hereof by this reference. 31. Choice of Law and Venue. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. -19- 11t. 32. Entire Agreement. This Agreement represents the full and entire Agreement between the parties regarding the matters covered herein. 33. Counterparts. This Agreement may be executed in counterparts each of which shall be considered an original. CITY ILROY By: Thomas J. Hagl-dnd City A ministr for Date: l Z2 APPROVED AS TO FORM: William D. Ross, Special City Attorney DEVELOPER: KB HOMES UTH BAY, INC., A CALIF NIA COR ORATION By: ' Name: Ray Pan Title: Senior Vice President Date: 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. EXHIBIT A — LEGAL DESCRIPTION EXHIBIT B — DEVELOPMENT COST SCHEDULE EXHIBIT C - OCT. 17, 2013 LETTER FROM GLEN LOMA RE MITIGATION CURRENT NOTARY FORM(S) -20- Acknowledgment Form: State of California County of Contra Costa On November 5, 2013 before me, Gina Marie Curtis, Notary Public, personally appeared Ray Panek , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /tee subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his / #ei authorized capacity(tes), and that by his /her /thei 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. WITNESS my hand and official seal. Signature CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of \, WV( -1 On 2,13 Date personally appeared CML CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person(V whose name(4 0 /are subscribed to the within instrument and acknowledged to me that h&she4hey executed the same in h ' authorized capacit y(%), and that by signature( on the instrument the r the entity upon behalf of which the person 0K acted, executed the instrument. INGA ALONZO Commission s 1931989 1 certify under PENALTY OF PERJURY under the i =: Notary Public - Cwitornia > laws of the State of California that the foregoing Z Santa Clara County paragraph is true and correct. My Comm. Expires Apr 15, 2015 WITNESS y [Mind and official seal. Signature: I I /yj oy"(y Uk-f Place Notary Seal Above Signature of Notary Pubf OPTIONAL Though the information below is not required bylaw, it may prove valuable o persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attach Docu Title or Type of Document. Document Date: 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 ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER umber of Pages: ❑ Corporate Officer — Title(s): ❑ Individual • ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 0 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 41f � November 7, 2013 HMH 5050.30.392 Page 1 of 1 EXHIBIT "A" REAL PROPERTY in the City of Gilroy, County of Santa Clara, State of California, being all of that parcel of land described in the Grant Deed recorded December 18, 2012 in Document No. 22008399 of Official Records, Santa Clara County Records, described as follows: BEGINNING at the northwesterly comer of said parcel of land, being on the southerly line of W. Luchessa Avenue; Thence along the boundary line of said parcel of land, the following thirteen courses: 1. Thence South 88 059'05" East, 1,660.69 feet; 2. Thence South 01 000'55" West, 197.88 feet; 3. Thence South 88 059'05" East, 181.63 feet; 4. Thence South 18 °00'01" East, 204.92 feet; 5. Thence South 71 °59'58" West, 936.20 feet; 6. Thence North 88 059'05" West, 876.10 feet; 7. Thence North 23 000'06" West, 109.78 feet; 8. Thence along a tangent curve to the right, having a radius of 690.00 feet, through a central angle of 05 039'02" for an arc length of 68.05 feet; 9. Thence North 17 021'04" West, 147.54 feet; 10. Thence along a tangent curve to the left, having a radius of 710.00 feet, through a central angle of 08 031'15" for an arc length of 105.59 feet; 11. Thence North 25 °52'19" West, 129.55 feet; 12. Thence South 89 000'00" East, 67.05 feet; 13. Thence North 01 000'55" East, 180.00 feet, to the POINT OF BEGINNING. Containing 25.63 acres, more or less. r v� vy \, GIp`N�o 1 No. 8720 CA1- �F��,�. 505030LD03.doex 1570 Oakland Road i San Jose, California 95131 1 (408) 487 -2200 1 (408) 487 -2222 Fax I www.HyiMHca.com Exhibit B Cost Schedule 10/1612013 9:53 AM Payment Bond Amount for all improvements $10,657,500 Performance Bond Amount for all improvements $10,657,500 1 Fees Last Revised 12 -10 -12 G:\COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \FEES\Project Cost Schedules \Tract 10184- Oak Place\Tract 10184 Oak Creek - Fee Projection Schedule - 10 -08 -13 CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE - PRELIMINARY EFFECTIVE 7/1/2013 ENCOMPASS NO: E1 Revised: October 17, 2013 Revision Number. 1 DATE: 02- Oct -13 Revision By: Tmack NUMBER: PROJECT LOCATION: Luchessa Ave PARCEL NUMBER: 808 -21 -033 OWNER/DEVELOPER: KB Homes MAILING ADDRESS: 5000 Executive Parkway, Suite 125, San Ramon, Ca 94583 TELEPHONE NO: 925- 983 -4500 PREPARED BY: Mayra Cervantes /Jim Maestri Account No. Key Code Fee: Credits: Amount Due: Account Description: Paid on Invoice # 100 - 2601 -0000 -3625 4904 $16,050.00 $16,050.00 Special Public Works Sery 100- 2601 - 0000 -3605 4702 $858,600.00 $399,328.00 $459,272.00 Eng Plan Check & Insp ID:13040035 420 - 2600 - 0000 -3660 4501 $22,681.60 $22,681.60 Storm Development Fee 432 - 2600- 0000 -3660 3301 $5,099.58 $5,099.58 Str Tree Development Fee. DEFERRED TO 433 -2600- 0000 -3660 4905 $1,679,686.00 FINAL Traffic Impact Fee DEFERRED TO 435 - 2600 -0000 -3660 4509 $1,189,840.00 FINAL Sewer Development Fee DEFERRED TO 436 - 2600 - 0000 -3660 4510 $371,718.00 FINAL Water Development Fee DEFERRED TO 440 - 2600 - 0000 -3660 4515 $2,916,820.00 FINAL Public Facility Impact Fee 720- 0433 - 0000 -3620 2202 $41,991.89 $41,991.89 Const Water Use Fee 801 - 2601 -PWDG -3899 4703 $0.00 $0.00 Reimbursements 801- 2601 -PWDG -3899 4703 $0.00 $0.00 Other Reimbursements Total $545,095.07 Payment Bond Amount for all improvements $10,657,500 Performance Bond Amount for all improvements $10,657,500 1 Fees Last Revised 12 -10 -12 G:\COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \FEES\Project Cost Schedules \Tract 10184- Oak Place\Tract 10184 Oak Creek - Fee Projection Schedule - 10 -08 -13 10/16/2013 9:53 AM CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE - PRELIMINARY ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO: E1 O DATE: 2-Oct -2013 NUMBER: COST ESTIMATE ? PROJECT LOCATION: Luchessa Ave PARCEL NUMBER: 808 -21 -033 OWNERIDEVELOPER: KB Homes MAILING ADDRESS: 5000 Executive Parkway, Suite 125, San Ramon, Ca 94583 TELEPHONE NO: 925 - 983 -4500 PREPARED BY: Mayra Cervantes /Jim Maestri Sq Ft: 0 0 0 0 0 0 Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed: 12,438.0 0.0 0.0 0.0 25.600 Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF: 0.0 0.0 0.0 0.0 12.4180 SPECIAL PUBLIC WORKS SERVICES Maps: Final Map $3,210.00 + Parcel Map $1,875.00 + Re- assessment Map (Assessment District Parcels) $1,270.00 + 100 -2601- 0000 -3625 $60.00 / lot FINAL ENGINEERING $16,050.00 COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK ? N INCENTIVE AGREEMENT ONLY? N (DEFER PUBLIC FACILITY FEE? Fee ID NO- PARCELM TO PERMIT? N TO FINAL ? Y DEFER SEWER, WATER, TRAFFIC FEES? N $0.00 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: Residential -Low ? 0.000 0 0 Residential -High ? 25.600 214 214 Commercial -Low ? 0.000 0 Commercial -High ? 0.000 0 Industrial - General ? 0.000 0 Industrial- Warehouse ? 0.000 0 Assembly Hall? 0.000 0 Common Area? 0.000 Commercial /Industrial Allocations: Sewer GPD: Water GPD: 0 0 Reimbursements and credits: Front Footage /Square Footage Charges and Construction Water. Sq Ft: 0 0 0 0 0 0 Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed: 12,438.0 0.0 0.0 0.0 25.600 Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF: 0.0 0.0 0.0 0.0 12.4180 SPECIAL PUBLIC WORKS SERVICES Maps: Final Map $3,210.00 + Parcel Map $1,875.00 + Re- assessment Map (Assessment District Parcels) $1,270.00 + 100 -2601- 0000 -3625 $60.00 / lot Y $16,050.00 Fee ID NO- FINALM $60.00 / lot N $0.00 Fee ID NO- PARCELM $25.00 / lot N $0.00 Fee ID N- ASSESM Administration Fees: Scanning Fee (For Improvement Plans, multiply # of sheets by 2 - scanning to be done at the beginning and end of the project) 0 # of Sheets for Map and $9.00 I sheet Y $0.00 Fee ID NO -SCAN Improvement Plans (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) 0 hr Misc Services $180.00 I hr. Y $0.00 Fee ID N -MISC Special Staff Analysis 0 hr Special Analysis $470.00 1 hr. N $0.00 2 Fees Last Revised 12 -10.12 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10184- Oak Place \Tract 10184 Oak Creek - Fee Projection Schedule - 10.08 -13 ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 - 0000 -3605 TOTAL FEE ACTUAL COST OF IMPROVEMENTS At time of Improvement Plan /Final Map submittal, 40% of fee is due for Plan Check. The remaining 60% is due prior to submittal of Final Map for Council approval Additional Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to Approved Plans 0 hr Additional Plan Review $470.00 / hr. N $0.00 Fee ID NO- GRADINS Re- Inspection Fee 0 hr Re- Inspection $120.00 / hr. N $0.00 Fee ID NO- GRADINS Inspections outside of normal business hours 0 hr Inspection $430.00 + (Based on total cost of all improvements) Estimated Cost of Improvements(provided by developer) 12% $0 10% $100,000 8% over Payment Bond amount for all improvements Performance Bond amount for all improvements IMPACT FEES Storm Drain Impact Fee a.Residential -Low b.Residential -High c.Commercial d.lndustrial e.Assembly Hall Street Tree Fee a.City Planting and Replacement $3.06 I f.f. x b.lnspection and Replacement $0.41 1 f.f.x Traffic Impact Fee a.Residentiai -Low b. Residential -H ig h c.Commercial -Low Traffic (< 10.75 trips /1000 sf) d.Commercial -High Traffic (> 10.75 trips/1000 sf) e.lndustrial- General f.l ndusthal- Warehouse $145.00 / hr. after 3hrs N $0.00 COST ACTUAL ESTIMATE COST $10,657,500 $0 $100,000 Y $12,000.00 Y $0.00 $200,000 Y $10,000.00 Y $0.00 $200,000 Y $836,600.00 Y $0.00 $10,657,500 $10,657,500 420- 2600 -0000 -3660 $564.00 / acre Y $0.00 $886.00 / acre Y $22,681.60 $1,528.00 / acre Y $0.00 $1,128.00 / acre Y $0.00 $564.00 / acre Y $0.00 432 - 2600 -0000 -3660 N 0.0 = $0.00 Y 12,438.0 = $5,099.58 433 - 2600 -0000 -3660 $9,683.00 / unit Y $0.00 $7,849.00 / unit Y $1,679,686.00 $10,713.00 / k.s.f. Y $0.00 $21,640.00 / k.s.f. Y $0.00 $4,246.00 I k.s.f. Y $0.00 $3,077.00 ! k.s.f. Y $0.00 Fee ID NO- GRADINS 10/16/2013 9:53 AM $858,600.00 DIFFERENCE ($858,600.00) Fee ID NO- PCKINSP Fee ID NO -SD -LD Fee ID NO -SD -HD Fee ID NO -SD -C Fee ID NO -SD -1 Fee ID NO -SD -AH Fee ID NO- TREEPLT Fee ID NO- TREEINS Fee ID N6- TRAF -AL Fee ID N7- TRAF -AH Fee ID N3- TRAF -CL Fee ID N3- TRAF -CH Fee ID N4- TRAF -IG Fee ID N4- TRAF -IW $5,099.58 DEFERRED TO FINAL 3 Fees Last Revised 12 -10 -12 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10184- Oak Place \Tract 10184 Oak Creek - Fee Projection Schedule - 10 -08 -13 4 Fees Last Revised 12 -10 -12 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10184- Oak Place\Tract 10184 Oak Creek -Fee Projection Schedule - 10 -08 -13 10/16/2013 9:53 AM Sewer Impact Fee 435- 2600 -0000 -3660 DEFERRED TO FINAL a.Residential -Low $10,275.00 1 unit Y $0.00 Fee ID N6 -SS -AL b.Residential -High $5,560.00 / unit Y $1,189,840.00 Fee ID N7 -SS -AH c.Commercial /Industrial $3,252.00 I cgpd Y $0.00 Fee ID NS- SS -C /I Water Impact Fee 436 - 2600 -0000 -3660 DEFERRED TO FINAL a.Residential -Low $4,294.00 ! unit Y $0.00 Fee ID N6- WATR -AL b.Residential -High $1,737.00 / unit Y $371,718.00 Fee ID N7- WATR -AH c.Commercial /Industrial $6,731.00 / kgpd Y $0.00 Fee ID N5- WTR -C /I Public Facilities Impact Fee 440- 2600 - 0000 -3660 DEFERRED TO FINAL a.Residential -Low $16,200.00 ! unit Y $0.00 Fee ID N6 -PF -AL b.Residential -High $13,630.00 / unit Y $2,916,820.00 Fee ID N7 -PF -AH c.Commercial $2,440.00 I k.s.f. Y $0.00 Fee ID N3 -PF -C d.industrial $1,080.00 I k.s.f. Y $0.00 Fee ID N4 -PF -I Water User Fee (Construction) 720 -0433 -0000 -3620 Y $41,991.89 $3.00 / ff. $37,314.00 Fee ID NO- CONWTFF plus $182.73 / a.c. $4,677.89 Fee ID NO- CONWTAC FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure) The Half Pipe schedule is used to determine the front footage reimbursement to former developers for infrastructure previously installed along the front footage of the development. The Full Pipe schedule is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main extensions to sizes required by each master plan that are greater than the sizes required by the development. The oversized portion is the difference between the master planned size for the main and the greater of the main size required by the development or the developers minimum responsibility for each main. Water 801- 2601 -PWDO -3899 $0.00 Water Mains - including fire hydrants, valves, valve boxes and other pertinences. Developer responsibility is up to and including 12" mains Half Pipe Lineal Footage 6 inch Main $39.00 I LF x N 0.0 = $0.00 Fee ID N- WRO6 -1/2 8 inch Main $41.00 / LF x N 0.0 = $0.00 Fee ID N- WR08 -1/2 10 inch Main $47.00 / LF x N 0.0 = $0.00 Fee ID N -WR10 -112 12 inch Main $52.00 / LF x N 0.0 = $0.00 Fee ID N- WR12 -1/2 14 inch Main $57.00 / LF x N 0.0 = $0.00 Fee ID N- WR14 -1/2 16 inch Main $62.00 / LF x N 0.0 = $0.00 Fee ID N- WR16 -1/2 18 inch Main $68.00 / LF x N 0.0 = $0.00 Fee ID N- WR18 -1/2 20 inch Main $76.00 / LF x N 0.0 = $0.00 Fee ID N -WR18 -112 24 inch Main $82.00 I LF x N 0.0 = $0.00 Fee ID N- WR24 -1/2 30 inch Main $91.00 / LF x N 0.0 = $0.00 Fee ID N- WR30 -1/2 36 inch Main $106.00 / LF x N 0.0 = $0.00 Fee ID N- WR36 -1/2 4 Fees Last Revised 12 -10 -12 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10184- Oak Place\Tract 10184 Oak Creek -Fee Projection Schedule - 10 -08 -13 Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Sewer 801 - 2601 -PW DO -3899 Sewer Mains - including manhole and other pertinences. Developer responsibility is up to and including 12" mains. Half Pipe Lineal Footge 6 inch Main $73.00 / LF x N 0.0 = $0.00 Fee ID N- SSO6 -1/2 8 inch Main $75.00 I LF x N 0.0 = $0.00 Fee ID N- SS08 -1/2 10 inch Main $81.00 I LF x N 0.0 = $0.00 Fee ID N- SS10 -1/2 12 inch Main $83.00 ! LF x N 0.0 = $0.00 Fee ID N- SS 12 -1/2 15 inch Main $87.00 / LF x N 0.0 = $0.00 Fee ID NSS15 -1/2 18 inch Main $93.00 ! LF x N 0.0 = $0.00 Fee ID N -SS18 -112 21 inch Main $102.00 I LF x N 0.0 = $0.00 Fee ID N -SS21 -112 24 inch Main $106.00 1 LF x N 0.0 = $0.00 Fee ID N- SS24 -1/2 27 inch Main $122.00 / LF x N 0.0 = $0.00 Fee ID N- SS27 -1/2 30 inch Main $144.00 / LF x N 0.0 = $0.00 Fee ID N- SS30 -1/2 33 inch Main $158.00 1 LF x N 0.0 = $0.00 Fee ID N- SS33 -1/2 36 inch Main $178.00 / LF x N 0.0 = $0.00 Fee ID NSS36 -1/2 39 inch Main $212.00 / LF x N 0.0 = $0.00 Fee ID N- SS39 -1/2 42 inch Main $265.00 / LF x N 0.0 = $0.00 Fee ID N- SS42 -1/2 Street Improvements 801- 2601 -PWDO -3899 Pavement. Sidewalks & Medians Square Footge AC /Bike path: base $2.55 / SF x N 0.0 = $0.00 Fee ID N- STR -ACB AC /Bike path: pvmt $2.50 / SF x N 0.0 = $0.00 Fee ID N- STR -ACP Sidewalk: new $9.75 / SF x N 0.0 = $0.00 Fee ID N- STR -S /W Sidewalk: replace $13.25 / SF x N 0.0 = $0.00 Fee ID N- STR -S1WR Resurfacing $2.55 / SF x N 0.0 = $0.00 Fee ID NSTR -RESU Landscaped Median $20.35 / SF x N 0.0 = $0.00 Fee ID NSTR -LANM Hardscaped Median $11.63 / SF x N 0.0 = $0.00 Fee ID N -STR -HARD Traffic Signals (equipment only % of Lump Sum Traffic Signal -3 leg $130,200.00 / LS x N 0% _ $0.00 Fee ID N- STR -TS3L Traffic Signal -4 leg $158500.00 / LS x N 0% _ $0.00 Fee ID N- STR -TS4L Curb and Gutter Lineal Footage Curb /Gutter: new $25.85 / LF x N 0.0 = $0.00 Fee ID N- STR -C /G Curb /Gutter. replace $33.40 / LF x N 0.0 = $0.00 Fee ID N- STR -ClGR Curb Ramps $1,057.63 / LF x N 0.0 = $0.00 Fee ID N- STR -CR 10/1612013 9:53 AM $0.00 $0.00 5 Fees Last Revised 12 -10 -12 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS\FEES\Project Cost Schedules \Tract 10184- Oak Place \Tract 10184 Oak Creek - Fee Projection Schedule - 10 -08 -13 Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Storm Drain 801- 2601 -PWDO -3899 Storm Mains - including manholes, catch basins and other pertinences. Developer responsibility is up to and including 24" mains. Half Pipe 18 inch Main $63.00 / LF x 21 inch Main 24 inch Main 27 inch Main 30 inch Main 33 inch Main 36 inch Main 42 inch Main 48 inch Main 54 inch Main 60 inch Main 66 inch Main 72 inch Main 78 inch Main 84 inch Main 90 inch Main 96 inch Main $69.00 / LF x $70.00 / LF x $82.00 / LF x $89.00 / LF x $91.00 / LF x $95.00 / LF x $99.00 / LF x $117.00 / LF x $137.00 / LF x $158.00 / LF x $179.00 / LF x $200.00 ! LF x $216.00 / LF x $231.00 / LF x $246.00 I LF x $261.00 / LF x Lineal Footage N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = $0.00 N 0.0 = Fee ID N- SD18 -1/2 Fee ID N- S021 -1/2 Fee ID N- SD24 -1/2 Fee ID N- SD27 -1/2 Fee ID N- SD30 -1/2 Fee ID N- SD33 -1/2 Fee ID N- SD36 -1/2 Fee ID N- SD42 -1/2 Fee ID N- SD48 -1/2 Fee ID N- SD54 -1/2 Fee ID N- SD60 -1/2 Fee ID N- SD66 -1/2 Fee ID N- SD72 -1/2 Fee ID N- SD78 -1/2 Fee ID N -SD84 -112 Fee ID N- SD90 -1/2 $0.00 Fee ID N- SD96 -1/2 NOTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the time fees are paid. The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference. Additional plan review required by changes, additions or revisions to approved fans, reinspections and in ections outside of normal business hours will be billed as shown in the City of Gilroy's mo nt omprehensi dule at the hourly rates in effect at the time of inspection. Accepted by: Print Name: Date: • ` / S I 10/16/2013 9:53 AM $0.00 6 Fees Last Revised 12 -10 -12 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10184- Oak Place \Tract 10134 Oak Creek - Fee Projection Schedule- 10-08-13 10/16/2013 9:53 AM OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement $0.00 Total Oversized Water Main Reimbursement (Developer is responsible for up to and including 12" mains) $0.00 Oversized Minimum 12" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 14 inch Main $114.00 $104.00 x 0.0 = $0.00 N 16 inch Main $124.00 $104.00 x 0.0 = $0.00 N 18 inch Main $135.00 $104.00 x 0.0 = $0.00 N 20 inch Main $151.00 $104.00 x 0.0 = $0.00 N 24 inch Main $164.00 $104.00 x 0.0 = $0.00 N 30 inch Main $182.00 $104.00 x 0.0 = $0.00 N 36 inch Main $211.00 $104.00 x 0.0 = $0.00 N Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains) $0.00 Oversized Minimum 12" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 15 inch Main $174.00 $166.00 x 0.0 = $0.00 N 18 inch Main $186.00 $166.00 x 0.0 = $0.00 N 21 inch Main $204.00 $166.00 x 0.0 = $0.00 N 24 inch Main $211.00 $166.00 x 0.0 = $0.00 N 27 inch Main $244.00 $166.00 x 0.0 = $0.00 N 30 inch Main $287.00 $166.00 x 0.0 = $0.00 N 33 inch Main $315.00 $166.00 x 0.0 = $0.00 N 36 inch Main $356.00 $166.00 x 0.0 = $0.00 N 39 inch Main $423.00 $166.00 x 0.0 = $0.00 N 42 inch Main $529.00 $166.00 x 0.0 = $0.00 N Total Oversized Storm Drain Main Reimbmnt (Developer is responsible for up to and including 24" mains) $0.00 Oversized Minimum 24" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 27 inch Main $164.00 $140.00 x 0.0 = $0.00 N 30 inch Main $177.00 $140.00 x 0.0 = $0.00 N 33 inch Main $182.00 $14000 x 0.0 = $0.00 N 36 inch Main $189.00 $140.00 x 0.0 = $0.00 N 42 inch Main $197.00 $140.00 x 0.0 = $0.00 N 48 inch Main $233.00 $140.00 x 0.0 = $0.00 N 54 inch Main $273.00 $140.00 x 0.0 = $0.00 N 60 inch Main $315.00 $140.00 x 0.0 = $0.00 N 7 Fees Last Revised 12 -10 -12 G:ICOMDEV\ENGINEERING \DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10184- Oak Place \Tract 10184 Oak Creek - Fee Projection Schedule - 1M8-13 10/16/2013 9:53 AM Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storm Drain Main Reimbmnt Continued Oversized Minimum 24" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 66 inch Main $357.00 $140.00 x 0.0 = $0.00 N 72 inch Main $399.00 $140.00 x 0.0 = $0.00 N 78 inch Main $431.00 $140.00 x 0.0 = $0.00 N 84 inch Main $461.00 $140.00 x 0.0 = $0.00 N 90 inch Main $492.00 $140.00 x 0.0 = $0.00 N 96 inch Main $522.00 $140.00 x 0.0 = $0.00 N 8 Fees Last Revised 12 -10 -12 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \FEES\Project Cost Schedules \Tract 10184- Oak Place \Tract 10184 Oak Creek - Fee Projection Schedule - 10 -08 -13 Exhibit C Glen Loma Letter Date 10/17/2013 October 17. 2013 Teresa Mack, P.E. Development Engineer Engineering Division - Public Citv of Gilrov 7351 Rosanna Street Gilroy', CA 95020 Works Department RE. Glen Loma Ranch Mitigation Nos. 32, 33, & 42 (GLR MTf Nos.) Dear Teresa: GLEN -LAMA GROUP a Uiversifiee real estate nvestmem company This letter is to document the discussions we have had concerning certain required offsite mitigation measures for the Oak Place project and their overlap with the above Glen Loma Ranch mitigation measures. The following summarizes our understanding of the project /developer responsibilities for designing, bonding and constructin`_ these measures: Oak Place has designed, bonded for, will obtain any necessary right -of -way and will construct improvements to the Monterey Road/Tenth Street intersection. Their required improvements also satisfy, the GLR MM No. 32, and thus Glen Loma Ranch will not have any responsibility for improvements at this intersection, as their mitigation will be implemented with Oak Place's construction at this location. Oak Place has designed, bonded for, and will construct improvements to the Princevalle Street/Luchessa Avenue intersection. Their required improvements also satisfy, the GLR MM No. 42, and thus Glen Loma Ranch will not have any responsibility for improvements at this intersection, as their mitigation will be implemented with Oak Place's construction at this location. • Glen Loma Ranch will be responsible for the design, bonding and construction of the improvement to the Thomas Road /Luchessa Avenue intersection per the requirements of the GLR MM No. 33. The City has given direction that this improvement will be a one -lane roundabout. If the City, is in agreement with the above, please have an authorized representative of the City execute the counter -part copy of this letter and return it to me. { icer v Tin�lice Cc: Rick Smelser, Kristi Abrams, John Filice, Jack Kent 7SSS WREN AVENUE SUITE 0 143 GILROY, CALIFOPINIA 9502C) t40al 8£7.4224 r^,x. C,ce) e4—•3 80 October 17. 2013 Teresa Mack, P.E. Development Engineer Engineering Division - Public Works Department City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 RE. Glen Loma Ranch Mitigation Nos. 32, 33, & 42 (GLR MIt1 Nos.) Agreed: City of Gilroy Name: Title: P&ve,I0P1? r'-"q4 61 6;^64.7- //- -� - 2'0 1, 3 Date 0 ACOI20 CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYW) lnsnoia 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 endomement(s). PRODUCER Aon Risk insurance Services west, Inc. Los Angeles CA Office CONTACT NAME. PHONE I . EXq: (866) 283 -7122 FAX : (800) 363 -0105 E-MAIL ADDRESS: 707 Wilshire Boulevard Suite 2600 INSURER(S) AFFORDING COVERAGE NAIC # LOS Angeles CA 90017 -0460 USA INSURED INSURERA: Zurich American Ins CO 16535 KB Home South Bav Inc. 5000 Executive Parkway Suite #125 INSURER B: Old Republic .Insurance Company 24147 INSURER C: Excluded INSURERD: San Ramon, CA 94583 USA INSURER E: GEWL AGGREGATE LIMIT APPLIES PER: X POLICY ❑ PECT ❑ LOC OTHER: GENERALAGGREGATE INSURER F: PRODUCTS - COMPIOP AGG $1, 000 , GUVEKA(aES GEK111-1GAIh NLIMIShK' b /UU5b94 /Z31S REVISION NIIIN 6ER_ 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. Limits shown are as requested INSR R TYPE OFINSURANCE INS POLICY NUMBER POLICY W_f / PUUQY LAP LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR MWZY SIR applies per policy terns & conditions EACH OCCURRENCE $1, 000, OOO DAMAGE TO RERTEff- - PREMISES Ea occurrence Excluded MED EXP (Any one person) Excluded PERSONAL & ADV INJURY $1,000,000 GEWL AGGREGATE LIMIT APPLIES PER: X POLICY ❑ PECT ❑ LOC OTHER: GENERALAGGREGATE $1,000.,010 PRODUCTS - COMPIOP AGG $1, 000 , AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT IE, accident) .BODILY INJURY ( Per person) BODILY INJURY (Per accident) Per accident UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE DIED RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LUIBILITY YIN ANY PROPRIETOR / PARTNER I EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) Ir yes. describe under DESCRIPTION OF OPERATIONS below N/A wc931365803 08/31/2014 08/31/2015 ' PER 0TH- X .STATUTE E.L. EACH ACCIDENT $1,000,660 E.L. DISEASE -EA EMPLOYEE $1,000 -,000 E.L. DISEASE-POLICY LIMIT - 51, OOO , 000 i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) RE: Project Description: oak Place, Tract 10184. City of Gilroy is included as Additional Insured in accordance with the j policy provisions of the General Liability policy. A waiver of Subrogation is granted in favor of City of Gilroy in accordance with the policy provisions of the General Liability and workers' Compensation policies. i i CERTIFICATE HOLDER 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. City of Gilroy AUTHORIZED REPRESENTATIVE 7351 Rosanna St. Gilroy CA 95020 USA e�7�an a'L�e ✓frdlrafasu� �st�smtd �ad�J9sa 01988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD m G c m 0 i GO N v kn U) an°o n O Z am+ V 'C m v atiJl A O ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMl2014 Y) 12/oanola 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 CERTIFICATEMOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 Aon Risk Insurance Services west, Inc. LOS Angeles CA office - 707 wi l shi re Boulevard Suite 2600 PHON (800) 363 -0105 (/y�C.NNo. Ext): 0866) 283 -7122 FAX No.): EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # LOS Angeles CA 90017 -0460 USA INSURED INSURER A: Zurich American Ins Co 16535 KB Home South Bav Inc. 5000 Executive Parkway suite #125 INSURERB: old Republic Insurance Company 24147 INSURER C: INSURER D: EACH OCCURRENCE San Ramon, CA 94583 USA INSURER E: CLAIMS -MADE Fx OCCUR INSURER F: SIR applies per policy terns m ID ID 'O m .a 0 2 COVERAGES CERTIFICATE NUMBER: 570056021364 REVISION 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. Limits shown are as requested LTR TYPE OF INSURANCE IN D NND POLICY-NUMBER D LINOTS X COMMERCIAL GENERAL LIABILITY MWZY EACH OCCURRENCE $1,000,000 CLAIMS -MADE Fx OCCUR SIR applies per policy terns & conditions PREMISES Ea occurrence Excluded MED EXP (Any one.. person) Excluded � PERSONAL & ADV INJURY $1,000,000 N r GEN -L AGGREGATE LIMIT APPLIES PER: X POLICY E T ❑ LOC OTHER: GENERAL AGGREGATE $1,000-,000 PRODUCTS- COMP /OP AGG $1,000p000 AUTOMOBILE LLA13UW COMBINED SINGLE LIMB accident) 'n BODILY INJURY (Per. person) ANY AUTO Z BODILY INJURY (Per accident) ALL OWNED SCHEDULED AUTOS AUTOS 'HIRED AUTOS NON - OWNED. AUTOS m w' !E 1: m PROPERTY DAMAGE Per accident) UMBRELLA LIAB OCCUR OCCURRENCE V EGATE - EXCESS LIAS E CLAIMS -MADE DED RETENTION _ ;E.L. -- A WORKERS COMPENSATION AND EMPLOYERS- LI ABILITY ANY PROPRIETOR I PARTNER / EXECUTIVE Y� WC93136S803 08/31/2014 08/31/2015 TATUTE OTH- CH ACCIDENT $1, 000 ,000 OFFICER/MEMBER EXCLUDED? (Mandatory. in NH) N I A SEASE -EA EMPLOYEE. S1,000,060 "M describe under DRIPTION OF OPERATIONS below - E.L. DiSEAsF- POLICY LIMIT - $1,000,000 Em DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addional Remarks Schedule, may be aNached if more space Is required) - RE:. Project Description: oak Place, Tract 10184. City of Gilroy is included as Additional Insured in accordance with the policy provisions of the General Liability policy. A waiver of Subrogation is granted in favor of City of Gilroy in accordance with the policy provisions of the General Liability and workers' Compensation policies. .esh i CERTIFICATE HOLDER 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. City of Gilroy 7351 Rosanna St. AUTHORIZED REPRESENTATIVE - - - Gilroy CA 95020 USA�f, tL�4'pn � %'La��lroltQtss�as �it�s4rxd f�ad� ✓xa ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD �►-- oRD® CERTIFICATE OF PROPERTY INSURANCE D"o3/o4�zoi5 ' 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. N this certificate is being prepared fora party who has an insurable Interest In the property, do not use this form. Use ACORD 27 or ACORD 28. PRODUCER Aon Risk Insurance Services west, Inc. Los Anggeles CA Office 707 wi l shi re Boulevard Suite 2600 Los Angeles CA 90017 -0460 USA CONTACT NAME: PHONE FAX (ac. �. Ext); (866) 283 -7122 (A/C. No) 800- 363 -0105 E-MAIL ADDRES: PRODUCER 10019842. CUSTOMERiD# - -NIS S .AFFORDING COVERAGE . _._ __ _ _ __.NAIC # .. 1 1 INSURED INSURER A: Illinois Union Insurance - Company - -- 27960 - INSURER B: - -- - -- KB Home South Bay Inc. INSURER C: BUILDING 5000 Executive Parkway Suite #125 INSURER D: BROAD San Ramon, CA 94583 USA INSURER E: SPECIAL INSURER F: COVERAGES CERTIFICATE NUMBER: 570056985174 REVISION NUMBER- LOCATION OF PREMISES/ DESCRIPTION OF PROPERTY (Attach ACORD 101, Addhbnel Remarks Schedule, If mom apace Is mqulmd) RE: Project Description: oak Place - Tract 10184. 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIRIS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. kSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ATE (MMIDD/YYYY) POLICY EXPIRATKN DATE (MWDD/YYYY) COVERED PROPERTY LIMBS A X PROPE&TY CAUSES OF LOSS DEDUCTIBLES 1 03/01/2015 1 1 BUILDING PERSONAL PROPERTY Bwlo� EEMSraSExpenssee EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG &"PP Loss Umit Flood - per Oawrren BASIC. BUILDING BROAD X $2,SOD,DOO SPECIAL CONTENTS - EARTHQUAKE - WIND X $1,000,000 X FLOOD. X ALL RISKSubj&6 to Exclusions X $1,000,000 X Blkt B &PP Ded $100,000 X $1,000,000 INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY CAUSES POLICY NUMBER CRIME TYPE OF POLICY BOILER & MACHINERY / EQUIPMENT BREAKDOWN SPECIAL CONDITIONS / OTHER COVERAGES (Attach ACORD 101, Addidwal Remarks Schedule, M more space is required) 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.. . d 6QR iv 0 4 v n Ln 00 Cn UO Ln O O n rn W In Z. Q S2 LL F W W v sa 25 Pr �.7 City of Gilroy 7351 Rosanna St. �. Gilroy CA 95020 USA AUTHORIgD REPRESENTATIVE tJV�fl6 VL�LJ lflQf6fOlIJQf tJild4lp!4 f�'�0(i V !!Q __ 01995 -2009 ACORD CORPORATION. All rights reserved. ACORD 24 (2009109) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10019842 LOC P. ADDITIONAL- REMARKS SCHEDULE Page of _ AGENCY NAMED INSURED - - Aon Risk Insurance services west, Inc. POLICY EFFECTIVE . ATE (MM/DD/YYYY) INSURER KB Nome South Bay Inc. POLICY NUMBER See Certificate Number: 570056985174 INSURER CARRIER NAIL CODE EFFECTIVE DATE: see certificate Number: 570056985174 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER POLICY EFFECTIVE . ATE (MM/DD/YYYY) INSURER COVERED PROPERTY - INSURER INSURER If a policy below does not include limit information, refer to the corresponding policy on the ACORD IIADDMONAJL POLICIES certificate form for policy limits. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE . ATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD COVERED PROPERTY - - LIMITS PROPERTY A X 11 Risk 108844641002 03/01/2015 03/01/2017 LOSS Limit $100,000 Flood - Aggregate $1,000,000 ACORD 101 (2008/01) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD "� °r CERTIFICATE OF LIABILITY INSURANCE DA O(W�01B "' 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: H the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, 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 AOn Risk Insurance Services West, Inc. Los Angeles CA Office 707 Wilshire Boulevard suite 2600 CONTACT NAME: PHONE (gfifi) 283 -7122 FA% (800) 3fi3 -0105 INC. NO. _ _ ac. No.: E•MNL ADDRESS: INSURER(3) AFFORDING COVERAGE NAC p Los Angeles CA 90017 -0460 USA INSURED DISURERA Old Republic Insurance Company 24147 KB Home South Sav Inc. 5000 EXeCUti Ve Parkway suite #'125 INSURER B: starr'Indemnity & Liability company 38318 INSURER C: $500'000 San Ramon, CA 94583 USA INSURER D: '$5,000 INSURER E: _ PERSONAL &ADV INJURY INSURER F: GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY 0JEO- LOC OTHER. COVERAGES CERTIFICATE NUMBER: 570063495527 REVISION 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. Limits shown are as requested LTR TYPE OF INSURANCE Inc POLICY NUMBER UNITS X COMMERCIAL GENERA. LIASILnY CLAIMMADE X❑DCCDR S MWZY EACH OCCURRENCE $1,000,000 REMISES Ee oc nonce $500'000 MEDEXP(Anyanepn.n) '$5,000 PERSONAL &ADV INJURY $1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY 0JEO- LOC OTHER. GENERAL AGGREGATE $1,000,000 PRODUCTS - COMPIOP AGO $1,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREOAUTOS NON -0WNED ONLY AUTOS ONLY COMBINED SINGLE LIMIT Me Ewdyffl) BODILY INJURY ( Par Penton) BODILY INJURY (P., aadenn PROPERTY DAMAGE Per acddenl UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMSMADE EACH OCCURRENCE AGGREGATE DED I RETENTION S WORXERS COMPENSATION AND EMPLOYERS' UA131UTY YIN ANY PROPRIETOR/ PARTNER I EXEOUMVE OFFICEWMEMSER EXCLUDED? N (Mand.Wry In NH) I!yes, d .HW undo, 0 SCRIPTION OF OPERATIONS below N/A 1000001836 08/31/2016 08/31/2017 X PER OTK STATUTE E.L. EACH ACCIDENT $1,000,000 EL.DISEASE- EAEMPLOYEE - $1,000,000 E.L UISEASE- POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Addmon0l Remarks Schedule, nay W aeechW Nmms specs Is moinmd) RE: 'Project Description: oak Place, Tract 10184. City of Gilroy is included as Additional Insured in accordance with the policy provisions of the General Liability policy. A Waiver of Subrogation is granted in favor of City of Gilroy in accordance with the policy provisions of the General Liability and Workers' compensation policies. CERTIFICATE HOLDER 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. City of Gilroy AUTHORIZED REPRESENTATIVE 7351 Rosanna St. Gilroy CA 95020 USA tJ7L1Ai 6L 4)LOWMas ye6vEK9 N,,, om 01988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD `m c c m y 9 O S N m 0 0 w 01 A C t. ��1 ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DDNYYY) 12/02/2016 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(les) must have ADDITIONAL INSURED provisions or 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 Aon Risk Insurance Services West, Inc. Los Angeles CA Office 707 Wilshire Boulevard Suite 2600 CONTACT NAME. ((A(C NNo, Ext): (866) 283 -7122 ac No.): (800) 363 -0105 E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # LOS Angeles CA 90017 -0460 USA INSURED INSURER A: Starr Indemnity & Liability company 138318 KB Home South Bav Inc. 5000 Executive Parkway suite #125 INSURER B: Old Republic Insurance Company 24147 INSURER C: MED.EXP (Any one person) INSURER D: San Ramon, CA 94583 USA INSURER E: GEN- L AGGREGATE �LIMIT APPLIES PER: F-ul X POLICY ❑ C CT ❑ LOC J E OTHER: INSURER F: $1,_000,0_00_ 'P RODUCTS - COMP /OPAGG GG COVERAGES CERTIFICATE NUMBER: 570064623263 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED-BELOW HAVE BEEN ISSUEDTOTHE 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE Auo INSD WVD POLICY NUMBER MIWDD MM/DD LIMBS _ B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR MWZY309080 12 7 0 17 z 0 16 777r= 1 EACH OCCURRENCE $1,000,000' 1, 000, 000 DAMAGE � PREMISES RE Ea $SOO., 000 MED.EXP (Any one person) $5,060 PERSONAL & ADv INJURY GEN- L AGGREGATE �LIMIT APPLIES PER: F-ul X POLICY ❑ C CT ❑ LOC J E OTHER: GENERAL AGGREGATE $1,_000,0_00_ 'P RODUCTS - COMP /OPAGG GG $1,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY �a COMBINEDSINGLE LIMIT accident BODILY INJURY (Per person) BODILY INJURY (Per accident) - - PROPERTY DAMAGE Per accident UMBRELLALIAB EXCESS LIAR HCLAIMS-MADE OCCUR EACH OCCURRENCE AGGREGATE DED RETENTION ff A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR / PARTNER / EXECUTIVE Y / N OFFICERIMEMBER EXCLUDED? N (Mandatory in NH) If yes,. describe under DESCRIPTION OF OPERATIONS bolow N/A 1000001836 08/31/2016 08731/2017 X SEATUTE OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE- POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, be attached If more space Is required) RE: Project Description: Oak Place, Tract 10184. City of Gilroy is included as Additional Insured in accordance with the policy provisions of the General Liability policy. A waiver of Subrogation is granted in favor of City of Gilroy in accordance with the policy provisions of the General Liability and workers' Compensation policies. CERTIFICATE HOLDER 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.. City Of Gi lroy ORIZEDREPRESENTATIVE 7351 Rosanna St. AUTH Gilroy CA 95020 USA [� Q �/� 'f Ma cl�xMaaxW Y`L iri /1'rd_✓9m ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD m c c m 'O m �i M N r�0 °o O Z w A V C_ m U CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) D9/D7/20,7 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 have ADDITIONAL INSURED provisions or 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 Aon Risk insurance Services West, Inc. LOS An eles CA Office 707 wi 1 shire Boulevard suite 2600 CONTACT NAME PHONE (866) 283 -7122 FAX (800) 363 -0105 (A/C No Ext) (A/C No) E-MAIL ADDRESS INSURER(S) AFFORDING COVERAGE NAIC # Los Angeles CA 90017 -0460 USA INSURED INSURER A Old Republic Insurance Company 24147 KB Home south Bav Inc. 5000 Executive Parkway Suite #125 INSURER B Starr Indemnity & Liability Company 38318 INSURER C. CLAIMS -MADE X❑ OCCUR INSURER D San Ramon, CA 94583 USA INSURER E INSURER F $500,000 COVERAGES CERTIFICATE NUMBER: 570068272569 REVISION 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 Limits shown are as requested ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY MWZY EACH OCCURRENCE $1_,000,000 CLAIMS -MADE X❑ OCCUR PREMISES Ea occurrence $500,000 MED EXP (Any one person) $5,000 PERSONAL& ADV INJURY _ $_1,_000,0_0_0 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $1,0001000 X POLICY ❑ PRO JECT El LOC PRODUCTS - COMP /OP AGG $1,000,000 OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY ( Per person) ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident UMBRELLALUIB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS -MADE AGGREGATE DED R_ETENTIO_N B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N IVE ANY PROPRIETOR / PARTNER /EXECU ❑ T OFFICER/MEMBER EXCLUDED N (Mandatory In NH) N/A 1000001836 08/31/2017 08/31/2018 PR X STATUTE OTH- E L EACH ACCIDENT $1,000,000 E L DISEASE -EA EMPLOYEE S1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS bolcw E L DISEASE- POLICY LIMIT $1,000,000 �T I DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Pr03eCt Description: Oak Place, Tract 10184. City of Gilroy is included as Additional Insured in accordance with the policy provisions of the General Liability policy. A Waiver of Subrogation is granted in favor of City of Gilroy in accordance with the policy provisions of the General Liability and Workers' Compensation policies. CERTIFICATE HOLDER CANCELLATION ]r.a ti- a.a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE _ POLICY PROVISIONS _ city Of Gilroy AUTHORIZED REPRESENTATIVE 7351 Rosanna St. Gilroy CA 95020 USA ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ACS ® CERTIFICATE �OF LIABILITY INSURANCE DAT 08 8 2018 ), 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATIOWIS 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 I'ieu' of such endorsement(s). PRODUCER Aon Risk Insurance Services West, Inc. Los Anggeles CA office CONTACT 'NAME: (PHONE FAX (A/C. No. Ext): (866) 283 -7122 (A/C. No.): (800) 3.63 -0105 E -MAIL ADDRESS:, 707 willshire 'Boulevard' Suite 2600 INSURER(S) AFFORDING COVERAGE INAIC # Los Angelies CA 90017 -0460 'USA INSURED INSURER A: Old Republic Insurance Company 24147 KB Home South Bav Inc. INSURER B: Starr Indemnity & Liability Company 38318 5000 Executive Parkway Suite #125 INSURER C: I'LAGGREGATE INSURER D: $1,000,000 San Ramon, CA 94583 USA GENERAL AGGREGATE INSURER E: PRODUCTS - COMP /OP AGG $1,00a,000 'INSURER F: COVERAGES CERTIFICATE NUM'IBER: 570072795892 iREVISIONI NUMBER:. THIS 1S 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 'ISS'UED OR MAY PERTAIN, THE INSURANCE AFFORDED IBY 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. Limits shown are as requested ILTR TYPE OF INSURANCE INSD WVD POL ICYINUMBER MM DDY MWDD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �I'I OCCUR MWZY 1 ' 1 1210112016"I 'EACH OCCURRENCE $1,000,000 DANA E TO RENTED PREMISES Ea occurrence $500,000 MED EXP (Any one person) $5,000 I'LAGGREGATE PERSONAL & ADV INJURY $1,000,000 GE LIMIT APPLIES PER: X POLICY JE �I LOC OTHER: GENERAL AGGREGATE $1, 00 000 PRODUCTS - COMP /OP AGG $1,00a,000 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS N O ED HIRED AUTOS NON-OWNED ONLY AUTOS ONLY I COMBINED SINGLE LIMIT Ea accident BODILY INJURY ( Per person) BODILY INJURY Per accident) ) PROPERTY DAMAGE Per accident UMBRELLA LIAB EXCESS LIAB H OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE DED RETENTION B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR! PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) I If ves, describe under DESCRIPTION OF OPERATIONS below N I A 1000001836 08 / 31 / 2018 08 / 31 / 2019 PER - X STATUTE EERH E.L.'EACH ACCIDENT! $1,000,000 !E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L.,DISEASE- POLICY,LIMIT I $1,000, 000 )attached DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional ,Remarks Schedule, may if ,more space is required) RE: Project Descrilption: Oak P1'ace, Tract 10184. City of Gilroy is included as Additional Insured in accordance with the policy provisions of the General Liability (policy. A waivelr of Subrogation is granted) in favor of City of Gilroy iIn accordance with the (policy provisions of the General ILiabil'ity and workers' Compensation policies. CERTIFICATE HOLDER 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. City of Gi l'roy AUTHORIZED REPRESENTATIVE 7351 Rosanna St. Gilroy CA 95020 USA elan � �ndretanc� ��tft�rd �l � ✓� ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD' (name and'' )logo are registered) (marks of ACORD m c m d -a 0 2 N CD cc LO rn f` (V r` 0 0 r O Z r O U �� I �I ti