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PIA No. 2014-01 - Meritage Homes Corp. -RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: w2w6207i 5 Pages: as �o REG4NA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Recording Service (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2014 -01 Hecker Pass East Cluster— Tract No. 10220 APNs: 810 -21 -001, 810 -21 -003, and 810 -21 -007 Meritage Homes Corp. Syngenta Property RDE # 006 6/13/2014 10:53 AM -1- 3-25-14 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. 2014 -01 This Property Improvement Agreement ( "Agreement") is made and entered into this 5th day of May, 2014, by and between the City of Gilroy, a municipal corporation, herein called the "City," and Meritage Homes; a California corporation, herein called the "Developer ". WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as and called: Hecker Pass —East Cluster, Tract No 10220 APNs: 810 -21 -001, 810 -21 -003, and 810 -21 -007, a legal description of which is attached hereto and incorporated herein as Exhibit "A" (the "Property "), and as described in the project improvement plans entitled Tract No. 10220 Hecker Pass — East Cluster. WHEREAS, the Developer is the beneficial owner of the property under a contract of sale and also those properties owned by Syngenta require certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this Agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. -2- 3 -25 -14 SECTION 2 The Developer agrees: a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances, Resolutions, Rules and other Regulations and to comply with the foregoing and all applicable laws. b. To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of way in and to the Property necessary for the City in order that its water, electricity, and/or sewer lines in or to said Property may be extended. c. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorneys' fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said Property which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said Property; or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this Agreement, including without limitation all claims relating to injury or death of any person or damage to any property. d. To construct and improve all public works facilities and other improvements described in this Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this Agreement on file with the City of Gilroy. All construction and improvements shall be completed in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a 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. -3- 3-25-14 The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance's website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to the City prior to Council approval of the final map of the subdivision. Upon approval of the record of survey or the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all other sums payable by Developer pursuant to the attached comprehensive fee schedule. f. At all times during the term of this Agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this Agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City 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 -4- 3-25-14 Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That all the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed to City's satisfaction within one year from and after the date and year of this Agreement first above written. Developer shall maintain such public works facilities and other improvements described in this Agreement at Developer's sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property. SECTION 4 That the faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by Developer. SECTION 5 That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is an instrument affecting the title or possession of the real property and runs with the land. Except as expressly provided in the second sentence of Item 20 of the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and permitted assigns and all subsequent fees owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and/or entity. Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement. SECTION 6 That the following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer. 1. In accordance with Tentative Map 13 -02 approval, condition 15, to ensure the creation of the Uvas Creek Linear Park and Uvas Creek Park Preserve, irrevocable offers of dedication to the city of Gilroy shall be required and obtained from property owners of land within the Hecker Pass Specific Plan that lies within the Linear Park or Park Preserve south of Uvas Creek, the parcels -5- 3-25-14 located between Cobblestone Court and Isabella Way and the proposed detention basins which are to be integrated into the park. Parcels E, D and S as identified on the Final Map are to be maintained by the CFD. Such dedication shall be made prior to the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is required; or (b) prior to or concurrent with final/or parcel map approvals. 2. In accordance with Tentative Map 13 -02 approval, condition 19, the Developer shall dedicate the 3 -acre neighborhood park to the City and the park will be built by the Developer prior to issuance of a building permit for the 150'' residence within the Hecker Pass Special Plan Area. 3. As a condition of recordation of the Final Map and after City approval of the Final Map, the Developer shall pay the City $250,000.00, which is the 2nd installment of the Public Benefit Fee. The 1st installment funds, in the amount of $50,000 have been paid by the Developer. The 2nd installment funds will be used by the Developer to design and construct the 3rd Street traffic calming measures between Isabella Way and Uvas Drive including a roundabout at the intersection of 3rd Street and Santa Teresa Boulevard. The $2,000,000 Public Benefit Fee will be deposited into a trust account that will be used to reimburse the developer via progress payments that reflect the completion of the 3rd Street improvements and upon receipt of the Yd installment funds as they become available. The Yd installment, in the amount of $1,700,000, is paid with the approval of the next Final Map per the Development Agreement for the Hecker Pass Specific Plan Area. At completion of the 3rd Street improvements the Traffic Improvement Fund (TIF) will reimburse an amount up to $300,000 over the $2,000,000 Public Benefit Fee needed to complete the 3rd street improvements in accordance with the Section 6.20. 4. The Developer will pay an additional $60,000.00 towards the Village Green traffic calming improvements that will: widen and install new sidewalk, curb and gutter along 3rd Street between Santa Teresa and the west side of Isabella Way; install high visibility flashing lights at the 3rd Street and Isabella Way intersection; improve the pedestrian path to the widened 3rd Street sidewalk; and, install a horseshoe pit and pathway. 5. Concurrent with construction of the subdivision's backbone utilities will be the construction of a new recycled water main along Cobblestone Court/EVA (Hecker Pass Road to 3rd Street) and along 3rd Street from Isabella Way and the new 3rd Street roundabout at Autumn per SCVWD. SCVWD will reimburse the difference in cost between the constructed recycled water main and the Master Plan pipe size. 6. The Developer will provide necessary funding for a Class I bike path along the north side of Uvas Creek between its current western terminus near Isabella Way and the new 3rd Street roundabout. The Developer will rough grade and install the bike path aggregate base and the City will install the final paving. 7. The Developer will provide a concrete split -rail fence along the north and south side of the Uvas Creek Bike Path. 8. In accordance with Tentative Map 13 -02 approval, condition 27, prior to issuance of the 75`h -6- 3-25-14 residential building permit within the Hecker Pass Special Plan Area, construct the intersection of Hecker Pass Highway and Autumn Drive together with necessary acceleration and deceleration lanes along the Highway, travel lanes, turn lanes and a roundabout will be built and operational. Should State approval of this intersection be delayed, the Developer may use Lone Oak Lane after issuance of the 75h residential building permit within the Hecker Pass Special Plan Area. 9. In accordance with Tentative Map 13 -02 approval condition 28, prior to issuance of the 150th residential building permit, the portions of Hecker Pass Highway outside the intersection will be improved by constructing a Class I bike path constructed concurrently with the Hecker Pass (SR 152) and Autumn Drive round - about. The bike path will be constructed along the south side of the tree line bordering Hecker Pass Road between the new roundabout at Autumn Drive and the east side of Parcel B, Parcel Map 858 -M -48 (church property). An arborist report will be prepared for the trees bordering the south side of Hecker Pass Road to establish their condition and to recommend pruning and maintenance. The arborist report will be prepared concurrent with the design of the bike. trail. All removed trees will be replaced with 15- gallon minimum sized Cedar trees at a 4 to 1 ratio and will be planted along both sides of the bike. path as directed by the City Engineer. 10. The Developer will provide a concrete split -rail fence along the north side of the Hecker Pass Bike Trail. Developer will also provide agricultural security fencing similar in design to the fencing currently installed along the north side of the developments' Syngenta property. The location of the fence along the south side of the trail will require a variance as was required for Syngenta property agricultural security fencing. Additional screening at the fencing will not be allowed as it is a view corridor. 11. Prior to issuance of the 250th residential building permit within the Hecker Pass Special Plan Area, all overhead utilities and poles will be removed along Hecker Pass Road. 12. Locate and properly dispose of any wells or reinstall agricultural wells to nearby agricultural property, septic tanks and underground fuel storage facilities. NOTE: The capping or reinstallation of any well will require inspection and/or approval by the Santa Clara Valley Water District. 13. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 14. All work within the public right -of -way shall be subject to the approval of the Public Works Director /City Engineer. 15. Before issuance of any building permit and construction utilizing combustible materials may proceed, an all- weather access must be provided to within 150 feet of the building site; and at least one in- service fire hydrant must be available within 150 feet of each portion of the site wherein this construction is to take place. The all - weather road is subject to the approval of the City Engineer. Location of the fire hydrants will be determined by the Fire Chief. 16. All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties. 17. Off -site public improvements shall be installed per the approved Improvement Plans. -7- 3-25-14 18. Bonding, as required by Section 2.d of this agreement, will be accepted for each of five segments of the project as follows: A. $1,300,000 Hecker Pass /Autumn Drive roundabout & bike trail along Hecker Pass, B. $1,810,000 Santa Teresa/3`d Street roundabout, C. $8,540,960 Remainder of back -bone infrastructure, D. $5,966,562 In -Tract improvements, 19. The Developer shall provide to the City of Gilroy electronic files, in a format acceptable to the City (PDF, DWG format, AutoCAD 2004 maximum) of the final map, tract map and /or parcel map, improvement plans, and record drawings. 20. If there are any reimbursements payable to the Developer, they must be specifically identified in this Agreement. Any such .reimbursements shall be payable to the original Developer named in this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City's reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. In addition to any other conditions, requirements and limitations set forth in the City's reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Developer's reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be of high importance are determined by City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance. Reimbursements payable to Developer, subject to the terms and conditions of this Agreement and the City's reimbursement policies and ordinances in effect from time to time. SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $ 924,778.27 (Minimum, actual amount to be determined) -8- 3-25-14 CITY OF GILROY By: Thom is J. Haglund CiMd*strator Date: ATTEST APPROVED AS TO FORM: Linda A. Callon, City Attorney DEVELOPER: By: q1"' Name: k� Title: 7w06 �a� �c S�Qc► -�' KAe T+'%c CA.,'="C -. Date F\A" APPROVAL BY SYNGENTA FLOWERS, INC. a Florida corporation; By: Name: Title: Date: By: Name: Title: Date: NOTE: If Developer and /or Owner are a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. [ATTACH EXHIBIT A - LEGAL DESCRIPTION] [ATTACH CURRENT NOTARY FORM(S)] -9- 3-25-14 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Sjano On 20 0I1-A before me, Date personally appeared Place Notary Seal Above Name(s) of CML CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN my hand I seal. Signature: Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Consery r ❑ Other: Signer Is Representing: Number Signer Name: iSCorporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited 1-1 General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: k9 [u1u National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800- 876 -6827) Item #5907 REBECCA A. GODDARD Commission # 1995642 Notary Public - California a Z .P Z Solano County My Comm. Expires Oct 27, 2016 J Place Notary Seal Above Name(s) of CML CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN my hand I seal. Signature: Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Consery r ❑ Other: Signer Is Representing: Number Signer Name: iSCorporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited 1-1 General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: k9 [u1u National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800- 876 -6827) Item #5907 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of sa rl �a C Q f a CML CODE § 1189 On SVI>'tt° 5 1 Z01 y before me, �C,Y j ra E . / in VG ry RAW _ Date Here Insert Name and Title of the Office personally appeared T�no`niG 5 Q n 1 tA r1 Name(s) of Signer( who proved to me on the basis of satisfactory evidence to be the personM whose name(g) is /ar6 subscribed to the within instrument and acknowledged to me that he /sX446y executed the same in his /bc5`r'/tWr authorized capacity(jet), and that by his /Wttdir signatureW on the instrument the personX, or the entity upon behalf of which the personS,s') acted, executed the instrument. SANDRA E. NAVA Commiaaion * 1908181 1 certify under PENALTY OF PERJURY under the Notary Public - C&MOrnia y Santa Clara County - laws of the State of California that the foregoing COMM E rea Nov 11. 2014 paragraph is true and correct. WITNESS my hand and official seal. Signature: F_ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: P r cQe r �- =wie r oye rn e ni Document Date: Number of Pages: Signer(s) Other Than Named Above: 1:�,nrr4 &rtiinfi. Sc-ott r) e- Capacity(ies) Claimed by Signer(s) 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 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ® 2010 National Notary Association - NationalNotary.org • 1- 800 -US NOTARY (1.800- 876 -6827) Item #5907 SECRETARY'S CERTIFICATE MERITAGE HOMES OF CALIFORNIA, INC. 1, C. Timothy White, do hereby certify that I am the duly appointed Executive Vice President — Secretary and General Counsel of Meritage Homes of California, Inc., a California corporation (the "Company "). I also do hereby certify that Barry Grant is the Division President of the Northern California Division of the Company, and is authorized by and on behalf of the Company to execute documents necessary or appropriate relating to his position as the Company's Division President, including, but not limited to, documents, contracts, and agreements for: (i) the sale of completed homes (attached and detached), including deeds, closing statements, escrow instructions, HUD statements and forms, and related closing documents and instructions; (ii) the acquisition of real property, including land acquisition contracts, purchase contracts, option contracts, and related ancillary documents (such as deeds, closing documents and instructions); (iii) land planning and development, such as easements, declarations of covenant, conditions and restrictions /condominium declarations, joint development agreements, development agreements; and (iv) general and other contracts and agreements with subcontractors, vendors, service providers, and other third parties in the ordinary course of business. Dated: January 31, 2014 By: Name: C. Timothy White Title: Executive Vice President — Secretary and General Counsel STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) The foregoing Certificate was acknowledged before me this 31s' day of January, 2014, by C. Timothy White, Executive Vice President — Secretary and General Counsel of Meritage Homes of California, a California corporation, on behalf thereof. TERI KINZLE Notary Public - Arizona Maricopa County • My Comm. Expires Jul 22, 2017 Not Public CITY OF GILROY Thomas J. Haglund City Administrator Date: ATTEST: Shawna Freels, City Clerk APPROVED AS TO FORM: DEVELOPER: By: Name: Title: Date Linda A. Callon, City Attorney APPROVAL SYNGE A FLOWERS, INC. a Florida corporation; By: Name: Title: �/'P��� �i ��ti P�Yr� Flo Date: Mel - By: Name: Title: Date: NOTE: If Developer and /or Owner are a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. [ATTACH EXHIBIT A — LEGAL DESCRIPTION] [ATTACH CURRENT NOTARY FORM(S)] -9- 3-23-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE is:. l: State of California County of 1; 66_ ffyck On fflov before me, L UtV`� Pa Date U_&) Here insser . Name and Title of the O er personally appeared `"' ` 1 V� ► ` _ Name(s) of Signer(s) ELIZABETH F. CARR Commission # 1948416 i Notary Public - California D = Santa Clara County My Comm. Expires Aug 15. 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha d and ffici seal. Signature: S nature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached ume I p Title or Type of Document: r W n� Document Number of Pages: rs Other Than Named Above: Signe Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Date: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: .v:�.'�ri -ens -m '.v �a. -ei '.v:'m '.v.- .v.'+Y:'�'.'y '�':'„ 'riy� -✓ '✓ �' �i,: �✓. �'-✓. �sii-✓ i�✓ �G'. v:'✓.'✓ S�: �y�4� ..'y.- ✓�4�.�✓'.`✓.�.yt.����. LEGAL DESCRIPTION FOR TRACT 10220, HECKER PASS All that real property situated in the City of Gilroy, County of Santa Clara; State of California, described as follows: Being all of "Parcel 2" as shown on the Parcel Map filed April 18, 2014 in Book 871 of Maps, at Pages 17 through 20, Records of Santa Clara County, California. Containing 10.909 acres, more or less. Being all of "Parcel 2" as shown on the Parcel Map filed April 18, 2014 in Book 871 of Maps, at Pages 21 and 22, Records of Santa Clara County, California. Containing 13.529 acres, more or less. Being a portion of "Parcel A" as shown on the Parcel Map filed July 13, 1973 in Book 326 of Maps, at Page 35, Records of Santa Clara County, California, more particularly described as follows: Commencing at a point in the centerline of Hecker Pass Highway, said point being the northeasterly comer of said "Parcel A "; thence along the east line of said "Parcel A ", S00 007'31 "W, a distance of 869.45 feet to the Point of Beginning; thence continuing along said east line, S00 °07'31 "W, a distance of 1;04.8.75 feet; thence leaving said east line, S420061 7"W, a distance of 166.35 feet; thence N76 034'58 "W, a distance of 407.32 feet; thence N60 040'48 "W, a distance of 195.37 feet; thence N2501 0'02"W, a distance of 301.88 feet to the west line of said "Parcel A "; thence along said west line, N00 °16'09 "W, a distance of 669.13 feet; thence leaving said west line, S89 052'39 "E, a distance of 703.81 feet to the beginning of a non tangent curve to the left, of which the radius point lies N00 007'31 "E, a radial distance of 57.00 feet; thence easterly along said curve, through a central angle of 23 °1523 ", a distance of 23.14 feet; thence N66 052'08 "E, a distance of 93.06 feet to the Point of Beginning. Containing 18.939 acres, more or less. END OF DESCRIPTION. ENCOMPASS NO: DATE: NUMBER- PROJECT LOCATION: PARCEL NUMBER: OW NER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: E1 Account No. Key Code 100 - 2601 -0000 -3625 4904 100 - 2601 -0000 -3605 4702 420 - 2600 -0000- 3660 4501 432 - 2600 -0000 -3660 3301 433 - 2600 -0000 -3660 4905 435 - 2600 -0000 -3660 4509 436 - 2600 -0000- 3660 4510 440- 2600 -0000- 3660 4515 720 - 0433 -0000 -3620 2202 801-2601 -PW DO-3899 4703 801 - 2601 -PWDO -3899 4703 5/62014 11:40 AM CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 7/1/2013 Revised: Revision Number. 29- Apr -14 Revision By: Received 01/30/2014 South of Hecker Pass Highway and West of Third Street 810 - 20-001, -003, -007 Meritage Horses 1671 East Monte Vista Avenue, Suite 214, Vacaville, CA 95687 (707) 359 -2017 Claudia Moran - Garcia / Jim Maestri Fee: Credits: Amount Due: Account Description Paid on Invoice # $15,930.00 $15,930.00 Special Public Works Sery $1,270,601.76 $506,975.00 $763,626.76 Eng Plan Check & Insp $38,434.68 $38,434.68 Storm Development Fee $11,890.00 $11,890.00 Str Tree Development Fee DEFERED TO $1,503,624.00 FINAL Traffic Impact Fee DEFERED TO $1,075,452.00 FINAL Sewer Development Fee DEFERED TO $323,082.00 FINAL Water Development Fee DEFERED TO $2,636,550.00 FINAL Public Facility Fee $94,896.83 $94,896.83 Const Water Use Fee $0.00 $0.00 Reimbursements $0.00 $0.00 Other Reimbursements Total $924,778.27 Payment Bond Amount for all improvements $15,807,522 Pa, Performance Bond Amount for all improvements $15,807,522 Performance Bond $15,807,522 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \FEES \Project Cost Schedules \Tract 10220 Hecker Pass East Cluster 1 Page 1 516r2014 11:40 AM CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE ALL PUBLIC FACILITY, SEWER, WATER & TRAFFIC FEES ARE DEFERED ENCOMPASS NO: E1 DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNERIDEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: 29-Apr -2014 FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE ? (Y I PLAN CHECK ? n INCENTIVE AGREEMENT ONLY ? (DEFER PUBLIC FACILITY FEE ? �— TO PERMIT ?[ N-1 TO FINAL ? Y_1 DEFER SEWER, WATER, TRAFFIC FEES? TO PERMIT ?I 71 TO FINAL ?771 u u NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect at the time permits are issued. Site Information: Gross Acres: Lots: Units: Sq Ft: Residential -Low ? 0.000 0' 0 Residential -High ? 43.380 2121 188` Commercial -Low ? 0.000 0� 0q Commercial -High ? 0'.000 0j Or Industrial-General ? 01000 Oj W Industrial- Warehouse ? 0.000 0. 0'j Assembly Nail? 0.000 0 0! Common Area? 01000, 0 Commercial/Industrial Allocations: Sewer GPD: Water GPD: O O Reimbursements and credits:. Front Footage/Square Footage Charges and Construction Water. Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed: 29;000.01 0.0 0.0? Oi01 43380 Pavement SF: Median SF: Sidewalk SF: Curb/Gutter FF: Construction Water FF: [- 0.0� OtO; F 0 0� [� 28;990.0 SPECIAL PUBLIC WORKS SERVICES 100- 2601 -0000 -3625 $15,930.00 Maps: Final Map $3,210.00 + $60.00 / lot Y j $15,930.00 Fee ID NO- FINALM Parcel Map $1,875.00 + $60.00 / lot [—N $0.00 Fee ID NO- PARCELM Re- assessment Map (Assessment District Parcels) $1,270.00 + $25.00 / lot. CI $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) F—O,' # of Sheets for Map and $9.00 / sheet = $0.00 Fee ID NO -SCAN Improvement Plans (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) F- -01 hr Misc Services $180.00 / hr. Special Staff Analysis F -- Oi hr Special Analysis $470.00 / hr. $0.00 Fee ID N-MISC CI $0.00 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS\FEES\Project Cost Schedules \Tract 10220 Hecker Pass East Cluster I Page 2 ENGINEERING PLAN CHECK 8 INSPECTION 100 - 2601 -00003605 COST ESTIMATE $1,270,601.76._ 5/612014 11:40 AM ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0.00 At time of Improvement Plan/Final Map submittal 40% of fee is due for Plan Check. Remainder 60% due prior to submittal of Final Map for Council approval Additional Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to Approved Plans C01 hr Additional Plan Review $470.00 / hr. =N $0.00 Fee ID NO- GRADINS Re- Inspection Fee 0 hr Re- Inspection $120.00 / hr. CI $0.00 Fee ID NO- GRADINS Inspections outside of normal business hours F 0 hr Inspection $430.00 + (Based on total cost of improvements) Estimated Cost of Improvements 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.Residenbal -High c.Commercial d.lndustrial eAssembly Hall Street Tree Fee a.City Planting and Replacement $3.06 / f.f. x b.lnspection and Replacement $0.41 / f.f. x Traffic Impact Fee a.Residential -Low b.Residential -High c.Commerrial -Low Traffic (< 10.75 trips/1000 st) d.Commercial -High Traffic ( >= 10.75 trips11000 sf) e.l ndustrial- General f.lndustrial- Warehouse $145.00 / hr. after 3hrs C $0.00 Fee ID NO- GRADINS COST ACTUAL ESTIMATE COST DIFFERENCE ($1,270,601:76) F--$-15—,8-07-,-52-21 $0 Fee ID NO- PCKINSP $100,000 r Y j $12,000.00 f Y-1 $0.00 $200,000 DYE` $10,000.00 n $0.00 $200,000 i ' i $1,248,601.76 n $0.00 $15,807,522 $15,807,522 420 - 2600 - 0000 -3660 $38,434.68 $564.00 / acre n $0.00 Fee ID NOSD-LD $886.00 / acre n $38,434.68 Fee ID ND-SD-HD $1,528.00 / acre = $0.00 Fee ID NOSD -C $1,128.00 / acre =Y $0.00 Fee ID NOSD -I $564.00 / acre EYI $0.00 Fee ID NDSD-AH 432 - 2600-0000 -3660 $11,890.00 0.0 = $0.00 Fee ID NO- TREEPLT C1 29,000.0 = $11,890.00 Fee ID NO- TREEINS 433 - 2600 -0000 -0660 DEFERRED TO FINAL $9,973.00 / unit =Y $0.00 Fee ID N6- TRAF -AL $8,084.00 / unit C $1,503,624.00 Fee ID N7- TRAF -AH $11,034.00 / k.s.f. CY $0.00 Fee ID N3- TRAF -CL $22,289.00 / k.s.f. = $0.00 Fee ID N3- TRAF -CH $4,373.00 / k.s.f. =Y $0.00 Fee ID N4- TRAF4G $3,169.00 / k.s.f. = $0.00 Fee ID N4- TRAF4W G: \COMDEV\ENGINEERING\DEVELOPMENT PROJECTS\FEES\Project Cost Schedules \Tract 10220 Hecker Pass East Cluster 1 Page 3 5/62014 11:40 AM Sewer Impact Fee 435 - 2600. 0000 -3660 DEFERRED TO FINAL a.Residential -Low $10,686.00 / unit = $0.00 Fee ID N6SS,AL b.Residential -High $5,782.00 / unit CI $1,075,452.00 Fee ID N7SS-AH c.CommerciaVindustrial $3,382.00 / cgpd Y $0.00 Fee ID N5SS-C/I. Water Impact Fee 436- 2600-0000 -3660 DEFERRED TO FINAL a.Residential -Low $4,294.00 / unit CY $0.00 Fee ID N6- WATR -AL b.Residential -High $1,737.00 / unit =YY $323,082.00 Fee ID N7- WATR -AH c.CommerciaVindustrial $6,731.00 / kgpd C� $0.00 Fee ID N5- WTR -C /I Public Facilities Impact Fee 440- 2600-0000 -3r6�60 DEFERRED TO FINAL a.Residential -Low $16,848.00 / unit 5 � $0.00 Fee ID N6 -PF-AL b.Residential -High $14,175.00 / unit =Y $2,636,550.00 Fee ID N7 -PF -AH c.Commercial $2,538.00 / k.s.f. n $0.00 Fee ID N3-PF-C d.Industrial $1,123.00 / k.s.f. FY j $0.00 Fee ID N4 -PF -1 Water User Fee (Construction) 720 -0433 -0000 -3620 = $94,896.83 $3.00 / f.f. $86,970.00 Fee ID NO- CONWTFF plus $182.73 / a.c. $7,926.83 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 store main extensions to saes required by each master plan that are greater than the sizes required by the development. The oversized portion is the difference between the master planned size for the main and the greater of the main size required by the development or the developer's minimum responsibility for each main. Water 801- 2601 -PWDO -3899 $0.00 Water Mains - including fire hydrants, valves, valve boxes and other pertinences. Developer responsibility is up to and including 12" mains Half Pipe Lineal Footage 6 inch Main $39.00 / LF x N 0.0 = $0.00 Fee ID N- WR06 -1/2 8 inch Main $41.00 / LF x N 0.01 = $0.00 Fee ID N- WR08 -1/2 10 inch Main $47.00 / LF x N 0.0 = $0.00 Fee ID N- WR10 -1/2 12 inch Main $52.00 / LF x N 0.0; = $0.00 Fee ID N- WR12 -1/2 14 inch Main $57.00 / LF x N 0.05 = $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 O:Of = $0.00 Fee ID N- WR18 -1/2 24 inch Main $82.00 / LF x N 01.01 $0.00 Fee ID N- WR24 -1/2 30 inch Main $91.00 / LF x N 0.01 = $0.00 Fee ID N- WR30 -1/2 36 inch Main $106.00 / LF x0 00 = $0.00 Fee ID N- WR36 -1/2 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTSWEES\Project Cost Schedules \Tract 10220 Hecker Pass East Cluster 1 Page 4 Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) 801- 2601 -PWDO -3899 Sewer $0.00 o o = Pavement. Sidewalks & Medians Sewer Mains - including manhole and other pertinences. Developer responsibility is up to and including 12" mains. / SF x AC/Bike path: pvmt Half Pipe / SF x 6 inch Main $73.00 / LF x 8 inch Main $75.00 / LF x 10 inch Main $81.00 / LF x 12 inch Main $83.00 / LF x 15 inch ,Main $87.00 / LF x 18 inch Main $93.00 / LF x 21 inch Main $102.00 / LF x 24 inch Main $106.00 / LF x 27 inch Main $122.00 / LF x 30 inch Main $144.00 / LFx 33 inch. Main $158.00 / LF x 36 inch Main $178.00 / LF x 39 inch Main $212.00 / LF x 42 inch Main $265.00 / LF x Street Improvements $0.00 o o = Pavement. Sidewalks & Medians 010 = $0.00 AC /Bike path: base $2.55 / SF x AC/Bike path: pvmt $2.50 / SF x Sidewalk: new $9.75 / SF x Sidewalk: replace $13.25 / SF x Resurfacing $2.55 / SF x Landscaped Median $20.35 / SF x Handscaped Median $11.63 / SF x Traffic Signals (eauioment oniv) 801 - 2601 -PWDO -3899 Traffic Signal -3 leg $130,200.00 / LS x Traffic Signal -4 leg $158,500.00 / LS x Curb and Gutter $0.00 = Curb /Gutter. new $25.85 / LF x Curb /Gutter. replace $33.40 / LF x Curb Ramps $1,057.63 / LF x Lineal Fgglfia 0101 = $0.00 o o = $0.00 010 = $0.00 -O OI = $0.00 N, 0.01 $0.00 N 0,0 = $0.00 00 = $0.00 N __ 00 = $0.00 N 00 = $0.00 rM 020 = $0.00 N 0'.0 = $0.00 -N. 0l = $0.00 0.0 = $0.00 0 = $0.00 801 - 2601 -PWDO -3899 Sguare Footage N 0.01 = $0.00 N -�- O:OI = $0.00 C o,o = $0.00 = $0.00 N O:OI = $0.00 N 0 0 = $0.00 N 0.0', = $0.00 °!o of Lumg Sum -N- _ _. _ _ _0 %; = $0.00 N = $0.00 Lineal Footage N 0l01 = $0.00 N 0 ,0 = $0.00 0 ?0 = $0.00 Fee ID NSS06 -1/2 Fee ID NSS08 -1/2 Fee ID NSS10 -1/2 Fee ID NSS12 -1/2 Fee ID NSS15 -1/2 Fee ID NSS18 -1/2 Fee ID NSS21 -1/2 Fee ID NSS24 -1/2 Fee ID NSS27 -1/2 Fee ID NSS30 -1/2 Fee ID NSS33 -1/2 Fee ID NSS36 -1/2 Fee ID NSS39 -1/2 Fee ID NSS42 -1/2 Fee ID NSTR -ACB Fee ID NSTR -ACP Fee ID NSTRS/W Fee ID NSTRS/WR Fee ID NSTR -RESU Fee ID NSTR -LANM Fee ID NSTR -HARD Fee ID NSTR TS3L Fee ID NSTR -TS4L Fee ID NSTR -C/G Fee ID NSTR -C /GR Fee ID NSTR -CR 5/6/2014 11:40 AM $0.00 $0.00 G\COMDEV\ENGINEERING \DEVELOPMENT PROJECTSTEES\Project Cost Schedules \Tract 10220 Hecker Pass East Cluster 1 Page 5 Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Storm Drain 801- 2801 -PWDO -3899 Storm Mains - including manholes, catch basins and other pertinences Developer responsibility is up to and including 24" mains Half Pipe 18 inch Mein $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 68 inch Main 72 inch Main 78 inch Main 84 inch Main 90 inch Main 96 inch Main $8900 / LF x $7000 / LF x $8200 / LF x $89.00 ! LF x $9100 / LF x $95.00 / LF x $99.00 / LF x $117.00 LF x $137.00 1 LF x $158.00 1 LF x $17900 ! LF x $200.00 / LF x $216.00 / LF x $231.00 / LF x $246.00 ! LF x $261.00 / LF x Lineal N Footariee 00 - $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 - $0.00 Fee 10 NSDIS -1/2 Fee ID NS021.1/2 Fee ID NSD24.1 /2 Fee ID NSD27 -1/2 Fee ID NS030 -1/2 Fee ID N- SO33 -1/2 Fee ID N- SD36 -1/2 Fee 10 N4D42.1/2 Fee ID NSD48.1/2 Fee ID NSD54.1 /2 Fee ID N- SDOO.1 /2 Fee ID N- SD66.1/2 Fee 10 N -SD72 -1/2 Fee ID NSD78 -1/2 Fee ID NSD84 -1/2 Fee ID N -SD90 -112 Fee ID N.S098-1/2 5/6/2014 11:40 AM $0.00 NOTE. All deferred andlor estimated fees will be adjusted to the rates in effect at the time bee am pal. The undersigned agrees to provide actual construction costs for recalculation of lees 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 plans, reinspection . and inspections outside of normal business hours will be billed as shown in the City of Gilroy's most current comprehensive le e chedule at the hourly rates in effect at the time of inspection. Accapted W. Print Name: �� �.t�J ?I-A N w41614C. NV�'�►T�.bE n,V&FS Dab: KA ^ Lo ` $ Accepted by: Print Name: Date S11 161Z-01-( G: ICOMDEVIENGINEERING\DEVELOPMENT PROJECTSTEE S \Project Cost Schodule6\Tract 10220 Hecker Pass East Cluster 1 Page 6 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 Lineal Footage 18 inch Main $63.00 / LF x N 0.0 = $0.00 Fee ID N- SD18 -1/2 21 inch Main $69.00 LF x N 0.0 = $0.00 Fee ID N- SD21 -1/2 24 inch Main $70.00 LF x N 0.0 = $0.00 Fee ID N- SD24 -1/2 27 inch Main $82.00 / LF x N 0.0 = $0.00 Fee ID N- SD27 -1/2 30 inch Main $89.00 / LF x N 0.0 = $0.00 Fee ID N- SD30 -1/2 33 inch Main $91.00 / LF x N 0.0 = $0.00 Fee ID N- SD33 -1/2 36 inch Main $95.00 / LF x N 0.0 = $0.00 Fee ID N- SD36 -1/2 42 inch Main $99.00 / LF x N 0.0 = $0.00 Fee ID N- SD42 -1/2 48 inch Main $117.00 / LF x N 0.0 = $0.00 Fee ID N- SD48 -1/2 54 inch Main $137.00 LF x N 0.0 = $0.00 Fee ID N- SD54 -1/2 60 inch Main $158.00 / LF x N 0.0 = $0.00 Fee ID N- SD60 -1/2 66 inch Main $179.00 / LF x N 0.0 = $0.00 Fee ID N- SD66 -1/2 72 inch Main $200.00 LF x N 0.0 = $0.00 Fee ID N- SD72 -1/2 78 inch Main $216.00 LF x N 0.0 = $0.00 Fee ID N- SD78 -1/2 84 inch Main $231.00 / LF x N 0.0 = $0.00 Fee ID N- SD84 -1/2 90 inch Main $246.00 / LF x N 0.0 = $0.00 Fee ID N- SD90 -1/2 96 inch Main $261.00 / LF x N 0.0 = $0.00 Fee ID N- SD96 -1/2 5/6/2014 11:40 AM $0.00 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 plans, reinspections and inspections outside of normal business hours will be billed as shown in the City of Gilroy's most current comprehensive fee chedule at the hourly rates in effect at the time of inspection. Accepted by: A- 0 --'-'- Print Name: J 1� \/? Tbi.Wi�Q ?t�tti =co ►�E'Q tT A.to E 1-}o nK�S Date: KA A"i (� 'Z�O► Accepted by: Print Name: Date: G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTSTEES \Project Cost Schedules \Tract 10220 Hecker Pass East Cluster 1 Page 6 OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storrs Drain Main Reimbursement Total Oversized Water Main Reimbursement (Developer is responsible for up to and including 12" mains) Oversized Minimum 12" main Oversized Full: Pipe $/foot Full Pipe $/foot Oversized footage Reimbursement 14 inch Main $114.00 $104.00 x 1 OTT = $0.00 I N_' 16 inch Main $124.00 - $104.00 x (- O A1 = $0.00 Vii, 18 inch Main $135.00 $104.00 x [ -_ _._ 0.0j = $0.00 DRI 20 inch Main $151.00 $104.00 x 0.0 = $0.00 24 inch Main $164.00 $104.00 x OA = $0.00 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) Oversized Minimum 12" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 15 inch Main $174.00 $166.00 x 1 0.01 = $0.00 IN 18 inch Main $186.00 $166.00 x 0.0, = $0.00 21 inch Main $204.00 $166.00 x 0.0; = $0.00 24 inch Main $211.00 $166.00 x _ 0.0 = $0.00 27 inch Main $244.00 $166.00 x 0.0 = $0.00 30 inch Main $287.00 $166.00 x 0:0; = $0.00 n 33 inch Main $315.00 $166.00 x D:O, = $0.00 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 42 inch Main $529.00 $166.00 x 0.0_ _ $0.00 Total Oversized Storm Drain Main Relmbmnt (Developer is responsible for up to and including 24" mains) Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 27 inch Main $164.00 $140.00 x I 0`.0! _ $0.00 1 N� 30 inch Main $177.00 $140.00 x _Oh0 = $0.00 F N 1 33 inch Main $182.00 $140.00 x _ _. _ _ _0:0 = $0.00 36 inch Main $189.00 $140.00 x 0.0 = $0.00 N 42 inch Main $197.00 - $140.00 x F 0:0 = $0.00 48 Inch Main $233.00 $140.00 x F 0.0 = $0.00 54 inch Main $273.00 - $140.00 x 0.0 = $0.00 60 inch Main $315.00 - $140.00 x F _ 0.0 = $0.00 5/62014 11:40 AM $0.00 $0.00 $0.00 $0.00 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS\FEES\Project Cost Schedules \Tract 10220 Hecker Pass East Cluster 1: Page 7 5/62014 11:40 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 I - 0`A = $0.00 I; N 72 inch Main $399.00 $140.00 x 0:0.; = $0.00 78 inch Main $431.00 $140.00 x F0`s01 = $0.00 84 inch Main $461.00 $140.00 x F— 04 = $0.00 r 90 inch Main $492.00 $140.00 x F . _ . 0.0'. = $0.00 �N j 96 inch Main $522.00 - $140.00 x _ O:pa = $0.00 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTSTEES\Project Cost Schedules \Tract 10220 Hecker Pass East Cluster 1 Page 8 Aca'RO® CERTIFICATE OF LIABILITY INSURANCE `� DATE(MAA/DD/YYYY) 9/28/201.6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER:. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ma alt Melchor, CIC agali Melchor, R.K. Gore & Associates Insurance Brokers, L.P. 15901 Red Hill Ave Suite 100 Tustin CA 92780 PHONE . FAX 714 -573 -1770 E-MAIL mmelchor @rkgore.com INSURERS AFFORDING COVERAGE NAIL s INSURERA:LIBERTY MUT FIRE INS CO 23035 1011 /2017 INSURED MERIT -3 INSURERB:AIG Specialty Insurance Co 26883 INSURER C : Meritage Homes Corporation 8800 East Raintree Dr, Ste 300 Scottsdale, AZ 85260 INSURER D DAMAGE To PREMISES EeE Ern INSURER E: INSURER F $0 COVERAGES CERTIFICATE NUMBER. 419668608 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. INSR LTR TYPE OF 1 POLICY NUMBER POLICY EFF MM /DD .. POLICY EXP MM/DD/WYY LIMITS B X COMMERCIAL GENERAL LIABILnY Y RMGL5749895 10/1/2005 1011 /2017 EACH OCCURRENCE $3,000,000 CLAIMS -MADE 7X OCCUR DAMAGE To PREMISES EeE Ern $50,000 MED EXP (Any one person ) $0 PERSONAL & ADV INJURY $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY � JEFCT LOC PRODUCTS - COMP /OP AGG $3,000,000 $ OTHER: AUTOMOBILE LIABILITY Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL SCHEDULED AUTOS .BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS P Y DAMAGE Per accident $ $ UMBRELLA LIMB EACH OCCURRENCE $ HoqCUR AGGREGATE $ EXCESS LIM CLAIMS MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE of 7ICERBvicrvioER EXCLUDEC? NIA WC2291434715056 10/1/2016 10/1/2017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1- ,000,000 E.L. DISEASE.- EA EMPLOYEE -. $1,000,000 (Mandatory In NH) U H yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF20PERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required) Re: Hecker Pass THE CITY OF GILROY, IT'S OFFICERS, OFFICIALS AND EMPLOYEES It is a condition of the General Liability that the City of Gilroy is hereby added.as Additional Insureds only to the extent assumed by the insured under the written contract, subject to the policy terms, conditions and exclusions as required by written contract. THIS CERTIFICATE SUPERCEDES ANY PREVIOUSLY ISSUED CERTIFICATE. City of Gilroy 7351 Rosanna Street Gilroy CA 95020 . ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 57498 -95 COMMERCIAL GENERAL LIABILITY CG 2012 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Gilroy, It's Officers, Officials, and Employees 7351 Rosana Street Gilroy, CA 95020 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products- completed operations hazard'. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2012 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. ENDORSEMENT # 1 This endorsement, effective 12.01 A.M. 1011/05 forms a part of Policy No. 57498 -95 issued to Montage Homes Corportalon by American International Specialty Lines insurance Company ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This otidorsement modifles insurance provided under the following: GENERAL LIABILITY COVERAGE PART Section II - Who Is an Insured, of the General Liability Coverage Part, is amended to add: 0. Any person or organization to whom you become obligated to Include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type providod by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the Insurance providod will not exceed the lesser of; 1. The coverage andlor limits of this policy, or 2. The coverage and/or limits requir ©d by said contract or agreement. AUTHORIZED REPRESENTATIVE OR COUNTERS;GNATUAE { IN STATES WHERE REQUIRED ) Ali -0 EVIDENCE OF COMMERCIAL PROPERTY INSURANCE MORTGAGEE LENDERS LOSS PAYABLE 0 DED: 25 000 9/28/2016 6 THIS THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INS_ URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRODUCER NAM 'PHONE CONTACT PERSON AND ADDRESS • 714 - 5 0 5 - 7 0 0 0 COMPANY NAME AND ADDRESS NAIC NO: 41718 R.K. Gore & Associates Insurance Brokers, L.P. ENDURANCE AMER SPECIALTY INS CO 15901 Red Hill Ave Suite 100 BLANKET COVERAGE' Tustin CA 92780 IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH FAX 714-573-177T E .AIL CODE: SUB CODE: POLICY TYPE Commercial Package (Builders Risk / Property) AGENCY NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER Meritage Homes Corporation X IMP100078607 -01 8800 East Raintree Dr, Ste 300 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL Scottsdale, AZ 85260 X 10/01/2016 10/01/2017 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: PKUPCK I T INrUKMA I IUN (Use KEMAKKS on Dane 1. IT more sDace is reoulreol MJ BUILDING UK LJ 6LI51NE55 PEK50NAL PKUPEKTY Hecker Pass, East Cluster 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CAV=DAP -C INCAQMATInN eeou a n.,c„een 1 1 owe,n 1 1 eenwn coen,w, ri i n; ..,v T....i z•� .....a - �n COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE:_ $ MORTGAGEE LENDERS LOSS PAYABLE 0 DED: 25 000 ONTRACT OF SALE Payee YES_ NO NIA NAME AND ADDRESS ® BUSINESS INCOME ❑ RENTAL VALUE 7351 Rosanna Street If YES, LIMIT: Actual Loss Sustained; # of months: BLANKET COVERAGE' X AUTHORIZED REPRESENTATIVE If YES, indicate value(s) reported on property identified above: $ TERRORISM COVERAGE x Attach Disclosure Notice / DEC IS THERE A TERRORISM- SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? X LIMITED FUNGUS COVERAGE x If YES, LIMIT: 15, 000 DED: FUNGUS EXCLUSION (If "YES', specify organization's form used) REPLACEMENT COST AGREED VALUE COINSURANCE X If YES, % EQUIP- tENT"BREAKDOWN, (If Applicable} X If YES; LIMIT: DED: ORDINANCE OR LAW - Coverage for loss to undamaged portion of bldg X If YES, LIMIT: Covered DED: Demolition Costs X If YES, LIMIT: 2,500,000 DED: - Incr. Cost of Construction X If YES, LIMIT: INCL DED: EARTH MOVEMENT (If 'Applicable) X If YES, LIMIT: 10,000,000 13E11--See Remarks FLOOD (If Applicable) X If YES, LIMIT: : DED �_ -See. —Remark- emarks WIND/ °HAIL INCL ❑ YES ❑ NO Subject to Different Provisions: X If YES, LIMIT: DED: NAMED STORM INCL (D YES ❑ NO Subject to Different Provisions: X If YES, LIMIT: 30,000,000 DE_D_: PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOL DER PRIOR TO LOSS X CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AnnimcmAl whilizFST ACORD 25 (2014101) -Page 1 of t - --(02003-2014-ACORD-CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MORTGAGEE LENDERS LOSS PAYABLE ONTRACT OF SALE Payee LENDER SERVICING AGENT NAME AND ADDRESS Rxoss NAME AND ADDRESS City of Gilroy 7351 Rosanna Street Gilroy CA 95020 AUTHORIZED REPRESENTATIVE ACORD 25 (2014101) -Page 1 of t - --(02003-2014-ACORD-CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 2 of 2 eviuence ur %,ummtrct,u+L rrcurr-K i T 1nauewn16e Kr-MA r%* - mcivamg opeciai wonamons Luse omy IT more space is regwrea) Special Conditions: Coverage Summary Property /Builders Risk /Mobile Equipment. Builders Risk includes property under construction, inventory, model homes and their contents and sales trailers and their contents. This policy insures against risks of direct physical loss or damage, including Earthquake, Flood and Wind, subject to policy terms and conditions. $30,000,000 per occurrence. Flood & EQ subject to $10,000,000 sublimit. Corporate Locations: Subject to scheduled values per location as outlined in SOV on file with carrier. Deductible: $25,000 Per Occurrence - all covered perils EXCEPT: Earthquake: 5% of the actual value per unit of insurance at the time of loss at locations within California, parts of Nevada and ISO Zone 1, subject to a minimum of $250,000 per occurrence. 2% of the actual vale per unit of insurance at the time of loss at locations within all other states (ISO Zone 2) subject to a minimum of $250,000 per occurrence. Flood: 5% of the actual value per unit of insurance at the time of loss at locations wholly or partly within Special Flood Hazard Areas (SFHA); Flood Zone A & V, areas of 100 year flood zones as defined by FEMA, subject to a $500,000 Minimum. Special Flood Endorsement applies. All other Flood zones subject to $25,000 deductible. Wind: 5% of the actual value per unit of insurance at the time of loss at locations wholly or partly within Florida, subject to a minimum of $500,000 per occurrence. 5% of the actual value per unit of insurance at the time of loss at locations in Tier One counties and Houston area, subject to a minimum of $250,000 per occurrence. All Other, subject to $25,000 deductible. Evidence Only City of Gilroy is included as Loss Payee as respects referenced Builders Risk coverage.