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PIA No. 2014-06 (Mataro) - Filice Family EstatesRECORDING REQUESTED BY City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 22745657 Pages: 26 1111 Jill 1111:11 Fees.... 105.00 Taxes... Copies.. AMT PAID 105.00 REGINA ALCOMENDRAS RDE # 025 SANTA CLARA COUNTY RECORDER 10/21/2014 Recorded at the request of 9 :22 AM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2014 -06 Mataro Tract 10254 APNs: 808 -19 -016 Mataro Tract 10254 -1- 10-06-14 PROPERTY IMPROVEMENT AGREEMENT Property Improvement Agreement No. 2014 -06 This Property Improvement Agreement ( "Agreement") is made and entered into this 6th day of October, 2014, by and among the City of Gilroy, a municipal corporation, herein called the "City," and Filice Family Estate, a California Limited Partnership referred to herein as the "Owners" and Brookfield Mataro LLC, herein called the "Developer ". WHEREAS, a tentative 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: Mataro Tract 10254 being a portion of APN: 808 -19- 016, 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 Mataro Tract 10254. WHEREAS, the Owners are the fee owner of the Property and have contracted with Developer to sell the Property to Developer, and Developer requires certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and Owners are in agreement therewith 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. SECTION 2 -2- 10-06-14 The Developer or Owners 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°/x) 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. The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the -3- 10-06-14 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 or Owners 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 1.3020 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 or Owners 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 or Owners 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 or Owners 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 or Owners are accepted by City, Developer or Owners 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 or Owners 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 Owners or Developer's contractors or -4- 10 -06 -14 subcontractors or their respective employees. Developer and Owners hereby waives, and Developer or Owners 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 or Owners in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer or Owners 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 or Owners shall maintain such public works facilities and other improvements described in this Agreement at Developer's or Owner'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 or Owners 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 or Owners 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 or Owners. 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 3 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, Owners, 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. -5- 10 -06 -14 SECTION 6 The following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer: 1. This agreement guarantees improvements associated with the Mataro development. The latest City approved plan set shall hold true. 2. 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. 3. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 4. All work within the public right -of -way shall be subject to the approval of the Public Works Director /City Engineer. 5. All work is to be performed in compliance with the City of Gilroy Specifications Standards and Design Criteria and is subject to all laws of the City of Gilroy by reference. Public street improvements and the design of all public storm drainage facilities, sewer, and water lines shall be in accordance with City Standards and shall follow the must current City Master Plan for streets, as approved by the City of Gilroy's Public Works Director /City Engineer. 6. The project shall adhere to all the Tentative Map conditions (TM 13 -08) as well as to all the Mitigation Measures for this project. 7. The applicant shall reimburse the City for all consultant costs and staff time spent processing tentative map application TM 13 -08 and Z 14 -01 in excess of fees paid to date as well as any improvement plan check expedited review fees prior to first building permit issuance. 8. Before construction utilizing combustible materials may proceed, an all - weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 150 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. 9. All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties. 10. 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. 11. Before issuance of any building permit, all roadway infrastructures shall be in place and covered with an all - weather road subject to the approval of the City Engineer. 12. If there are any reimbursements payable to the Developer, they must be specifically identified in -6- 10 -06 -14 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. 13. The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments, which was adopted on August 4, 2014 to meet the requirements imposed by the State of California's Water Board. This Ordinance established permanent voluntary water saving measures and temporary water conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. 14. Approved landscape plan shall be implemented prior to issuance of first occupancy permit. 15. The applicant shall obtain a Habitat Plan permit from the City of Gilroy prior to issuance of a grading permit. 16. This project is subject to post- construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code. Post- construction treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and /or improvement plan approval. a. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of any building permit requiring stormwater management -7- 10-06-14 BMPs, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and /or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration /replacement and maintenance shall be in accordance with City- approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. b. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: iii. Site address; iv. Date and time of inspection; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and ix. As applicable, the need for site re- inspection. c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1 sc for the Fall report, and no later than March 15`h of the following year for the Winter report. 17. Improvements shall conform to the final City approved plan set. Construction staging, traffic control plans and encroachment permits will need to be coordinated with each segment of the -8- 10-06-14 project to ensure minimal impact to road users. 18. Developer or Owners agrees to: a. Pay City the initial estimated amount based on an initial cost estimate previously submitted by Developer for all activities undertaken pursuant to this Agreement; the breakdown of said activities is further described in the "City of Gilroy Community Development Department Engineering Division Cost Estimate" attached hereto as Exhibit "B ". Such payment shall be made prior to the approval of plans for any work performed on Improvement Property. Such payment does not include the permit processing fees that may be due for the improvement plans. Developer or Owners shall pay any additional final costs due City based on any additional reinspection costs of the Improvements incurred by City and final costs submitted by Developer or Owners at the completion of work. Such payment shall be made no later than the date that Developer submits the Development Documents for City review. b. Provide a construction schedule to City and hold a pre - construction meeting with City inspection staff present. Developer shall notify City, no later than two (2) business days prior to commencement of construction and permit City staff to be present at any time City considers advisable during Developer's construction of the Improvements in order to determine whether such improvements meet relevant, current City Regulations. Provide City with a twenty -four (24) hour emergency contact number through which City may contact Developer in case City determines that an unsafe condition may exist on the Improvement Site. 19. Nothing in this Agreement shall be deemed to abrogate the responsibility of Developer or Owners to pay any fees, obtain any permits, including an encroachment permit for work within a City right -of= way and a grading permit for work within Developer's private property, and comply with any City Regulations or Additional Regulations associated with construction of the Improvements. Fees shall include, but not be limited to, costs of plan check and City inspection of construction on site. SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $2,307,702.10 -9- 10- 06-14 CITY OF GILROY By. Thomas J. Haglund, City Administrator DEVELOPER Glen Loma Corporation By: ck--) Joln-%M. i ice Jr President Title: Date: /T— oz O / Y OWNERS: Filice Family Estates, a California Limited Partnership By: Its General Partner, Cugini Calabria LLC, a California Limited Liability ompany. By: John M. Filice JrLI Title: Manager /President Date: OQ ! q oZ o By: �m thy . Filice Title: Mana Date: O / Y By: Craig P. Filice Title: Manager Date: O' 9 - / 9 — oZ 4 / Y 9w 10 -06 -14 A4# Shawna Freelsl M Clerk APPROVED AS TO FORM: �' -e,ail n, ity ttorney { fjcr 4G» kloi Santa Teresa Properties LLC, A California Limited Liability Company By: Joh . Filice r. Title: Manager /President Date: C d? - 1 47 — a o l 4j Date ��MUMWN Craig P. Filice G1 q -.(Cr - a. D l Date By: � , ;Janice Filice ag ��g - a a•y Date 10 -06 -14 Brookfield Mataro LLC, A California Limited Liability Company By: Joh yan Title: ` res.p(ewi L Date: a) 1 2 Z N 1-_4 By: Jo Roden Title: V'r—e Date: 9 A 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. [ATTACH CURRENT NOTARY FORM(S)] Attachments: • Exhibit A - Legal Description • Exhibit B — Development Cost Schedule -12- 10-06-14 EXHIBIT A Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: Parcels A B C, D, E and Lots 1 -51, as shown on the map of Tract 10254, filed October , 2014, in Book of Mks Pages thru Santa Clara County Records. Being portion of Assessor's Parcel Number 808 -19 -016. -13- 10-06-14 ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER:. OW NERIDEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: E1 Account No. Key Code 100 - 2601- 0000 -3625 4904 100 - 2601 -0000 -3605 420- 2600 -0000 -3660 432 - 2600-0000 -3660 433 - 2600 - 0000 -3660 435 -2600- 0000 -3660 436 - 2600-0000 -3660 440- 2600-0000 -3660 720 -0433-0000.3620 801- 2601 -PWDO -3899 801- 2601 -PWDO -3899 4702 4501 3301 4905 4509 4510 4515 2202 4703 4703 9/26/2014 10:49 AM CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 7/1/2014 14050009 Revised: Revision Number: i 1 Revision By: MC 7ract_10254+Mataro.(Glen Loma-Ranch) north'terminus of Cimino St. 808- ,19- 016:.(portion.ot) i :.Glen- Loma_Copomtion. _ T7888 Weep Ave: Suite D143 Gilroy, GA 95020 :MCervantes__ Fee: Credits: Amount Due: Account Descriptior - Paid on Invoice # $2,555.70 ` _ _ $2,555.70 Special Public Works Sery �I $913,304.95 $234,.727.50 $678,577.45 Eng Plan Check & Insp _ $6,316.80 _ ; $6,316.80 Storm. Development Fee` $0.00 _ — _ $0.00 Str Tree Development Fee $523,872.00 v _� $523,872.00 Traffic Impact Fee $566,76100 �^ I $566,763.00 Sewer Development Fee $218,994.00. � _ j $218,994.00 Water Development Fee $893,622.00 �_ _ $893,622.00 Public Facility Fee $0.00 r $0.00 Const Water Use Fee ;tee ouUned`in.PIA. $0.00 $0.00 Reimbursements $0.00 Other Reimbursements Total $2,890,700.95 NOTES PLA No. 2014 -02 Plan Check & Inspection remaining balance $758,.908.75 CREDrrSaPIA No. 2014 -02 Plan Check & Inspection Credits + 40% Plan Check Insp. Fees paid $175,909.9 + $58,817.6= $234,727.50 The bonding amounts shown below reflects the following: bonding balance from PIA No. 2014 -02 & current bonding due with PLA No. 2014-06 ($8,959,628+$1,763,050) Payment Bond. Amount for all improvements $10,72208 Performance Bond Amount for all improvements $10,722,678 CQMDEVIENGINEERING\DEVELOPMENT PROJECTS \Tract File\Tr 10254 Mataro (GLR)\Fee Schedules- Invoices -Cost Estimates \Template Dev Fees 7 -1 =2014 MATARO (FINAL COS SCHEDULE Fees Last Revised January 20, 2012 1 )Revised 9 -26 -14 9/2612014 10:49 AM CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE. ENCOMPASS NO: E1 14050009 DATE: 26-Sep-2014 NUMBER: Tract 10254 -Mataro (Glen Loma Ranch) PROJECT LOCATION: north terminus of Cimino St. PARCEL NUMBER: 808 - 19.016 (portion of) OWNER/DEVELOPER: Glen Loma Coporation MAILING ADDRESS: 7888 Wren Ave. Suite D143 Gilroy, CA 95020 TELEPHONE NO: 408 - 847.4224 PREPARED BY: MCervaMes _ FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE ?:. PLAN CHECK ?: N ] INCENTIVE AGREEMENT ONLY? N (DEFER PUBLIC FACILITY FEE? TO PERMIT ?. TO FINAL ? N .1 DEFER SEWER, WATER, TRAFFIC FEES? TO PERMIT ? 'N) TO FINAL ? N 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: Residential -Low ? Residential -High ? Commercial-Low ? Commercial -High ? Industrial - General? Industrial- Warehouse ? Assembly Hall? Common Area? Commercial/Industrial Allocations: Gross Acres: Lots: Units: 11.2001 511 51' 0.000" ; 0 ` -- - - -- 01 0.000' 0 / lot 0.000' O Fee ID N- ASSESM 0.0001 0! 0.000 0), 0.000' Oj - - - - -- — 0.000 Sewer GPD: Water GPD: OI 0, Reimbursements and credits: Front Footage /Square Footage Charges and Construction Water. Street Tree FF: Water FF: Sewer FF: Storm FF: 0.0! 0.0 - - -_ 0.0 Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: — - - - -o o: _ o — o of -- - -0.0 SPECIAL PUBLIC WORKS SERVICES 100- 2601 -0000 -3625 Maps: Final Map Parcel Map $1,755.00 + $2,035.00 + Reassessment Map (Assessment District Parcels) $1,710.00 + Sq Ft: 0 0j 0 0g Const Water Acres to be Developed: Construction Water FF: $15.70 / lot Y $2,555.70 Fee ID NO- FINALM $630.00 / lot N $0.00 Fee ID NO- PARCELM $630.00 / lot N $0.00 Fee ID N- ASSESM Administration Fees: (Cost Schedules, Agreements, R/W, Reviews and Other Misc. Services) _OhrMiscServices $185.00 / hr. Special Staff Analysis 0, hr Special Analysis $143.44 / hr. Y $0.00 Fee ID N -MISC N� $0.00 $2,555.70 gg xDy NLLG�I EFFERING�\aaD��� LO,Pts�MaEddNT PROJEC \Tract File \Tr 10254 Mataro (G2LR)1Fee Schedules- Invoices -Cost Estimates\Template Dev Fees 7 -1 -2014- MATARO (FINAL ENGOVEERIMGP GHEt TNSPE>rtFloTi January 22 2012 100 -26D1 -0000-3605 COST ESTIMATE )Ravine 0W,20 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 01 hr Additional. Plan Review $143.44 / hr. N_ $0.00 (2 Hour Minimum) Re- Inspection Fee 0 hr Re- Inspection $125:00 / hr. N ;; $0.00 Inspections outside of normal business hours A; hr Inspection $475.00 + (Based on,total cost of improvements) Estimated Cost of Improvements 12:6% $0 10.5% $100,000 8.4% 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 Wridustrial e.Assembly Hall Street Tree. Fee a.City Planting and Replacement $3.06 1 f.f. x b.lnspection and Replacement $0.41 / f.f. x Traffic Impact Fee a.Residential -Low b.ResidentiaFHigh c.Commercial -Low Traffic (< 10.75 trips/1000 sf) d:Commercial -High Traffic ( >= 10.75 bips/1000 sf) e.lndustriai- General f- Industrial - Warehouse $160.00 I hr. after 3hrs ­N ; $0.00. Fee ID NO -SD-HD Fee ID NO -SD -C COST ACTUAL Fee ID NO -SD -AH ESTIMATE COST $0.00 Fee ID NO- TREEPLT $1,763.0500 - -- _ __ --- $0 $100,000", Y I $12,600.00 i Y ,` $0.00 $260,000 F Y $10,500.00 Y $0.00 $200,000Y $131,296.20 _Y l! $0.00 $10,722,678 $10,722,678 420 - 2600 -0000 -3660 $564.00 1 acre Y $6,316.80 $886.00 / acre _ Y : $0.00 $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 I 0.0 = $0.00 Y 0.0 = $0.00 433 -2600- 0000 -3660 $10,272.00 / unit Y . $523,872.00 $8,327.00 / unit Y $0.00 $11,365.00 / k.s.f. Y $0.00 $22,958.00 / k.s.f. Y $0.00 $4,504:00 / k.s.f. Y ,' $0.00 $3,264.00 / k.s.f. Y $0.00 V26/2014 10:49 AM Fee ID NO- GRADINS Fee ID NO- GRADINS Fee ID NO- GRADINS DIFFERENCE ($154,396.20) Fee ID NO- PCKINSP Fee ID N2- TRAF -HD Fee ID N3- TRAF -CL Fee ID N3- TRAF -CH Fee ID N4- TRAF -IG Fee ID N4- TRAF -IW C09CgMD SNILG EERINGOEVELOPMENT PROJECTS\Tract File \Tr 10254 Mataro (GLR)\Fee Schedules- Invoices -Cost Estimateffemplate Dev Fees 7 -1 -2014• MATARO (FINAL - OV ULE Fees Last Revised January 20, 2012 3 )Revised 9 -26-14 $6,316.80 Fee ID NOSD-LD Fee ID NO -SD-HD Fee ID NO -SD -C Fee ID NO -SD -I Fee ID NO -SD -AH $0.00 Fee ID NO- TREEPLT Fee ID NO- TREEINS $523,872.00 Fee ID N1- TRAF -LD Fee ID N2- TRAF -HD Fee ID N3- TRAF -CL Fee ID N3- TRAF -CH Fee ID N4- TRAF -IG Fee ID N4- TRAF -IW C09CgMD SNILG EERINGOEVELOPMENT PROJECTS\Tract File \Tr 10254 Mataro (GLR)\Fee Schedules- Invoices -Cost Estimateffemplate Dev Fees 7 -1 -2014• MATARO (FINAL - OV ULE Fees Last Revised January 20, 2012 3 )Revised 9 -26-14 9/2612014 10:49 AM Sewer Impact Fee 435- 2600 -0000 -3660 $566,763.00 a.Residential -Low $11,113.00 / unit L_Y] $566;763.00 Fee ID N1 -SS-LD b.ResideMial High $6,013.00 / unit Y - $0.00 Fee ID N2-SS-HD c.CommerciaVlndustrial $3,517.00 / cgpd _ Y ! $0.00 Fee ID N5SS-C /I Water Impact Fee 436- 2600 -0000 -3660 $218,994.00 a.Residential -Low $4,294.00 / unit Y 1 $218,994.00 Fee ID N1- WATR -LD b.Residential -High $1,737.00 / unit Y_ $0.00 Fee ID N2- WATR -HD c.CommerciaVlndustrial $6,731.00 / kgpd Y $0.00 Fee ID N5- WTR -C/I Public Facilities Impact Fee 440- 2600 -0000- 3660_ $893,622.00 a.Residential -Low $17,522.00 I unit Y) $893,622.00 Fee ID N1 -PF -LD b.Residential -High $14,742.00 / unit ^ Y1 $0.00 Fee ID N2 -PF -HD c.Commercial $2,640.00 / k.s.f. Y1 $0.00 Fee ID N3 -PF -C d.Industrial $1,168.00 / k.s.f. _ Y� $0.00 Fee ID N4 -PF -I Water User Fee (Construction) 720-0433-0000 -3620 Y; $0.00 $3.00 / f.f. $0.00 Fee ID NO- CONWTFF plus $182.73 / a.c. $0.00 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 developer's minimum responsibility for each main. Water 801 - 2601 -PW DO -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 0.0'. _ $0.00 Fee IDN- WR08 -1/2 10 inch Main $47.00 / LF x N 0A = $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 0.0 = $0.00 Fee ID N- WR14 -1/2 16 inch Main $62.00 / LF x N O.Ot = $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 -1/2 24 inch Main $82.00 / LF x N 0.0 = $0.00 Fee IDN- WR24 -1/2 30 inch Main $91.00 / LF x N ._ X0:0,1 = $0.00 Fee ID,N- WR30 -1/2 36 inch Main $106.00 / LF x _N 0.0 = $0.00 Fee IDN- WR36 -112 �cQMDE\AENGINEERING\DEVELOPMENT PROJECTS \Tract File \Tr 10254 Mataro (GLR) \Fee Schedules- Invoices -Cost Estimates \Template Dev Fees 7 =1- 2014 - MATARO (FINAL COT SCHEDULE Fees Last Revised January 20, 2012 4 jRevised 9 -26-14 Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Sewer 801- 2601 -PWDO -3899 Sewer Mains - including manhole and other pertinences. Developer responsibility is up to and including 12" mains. Half Pipe Lineal Fo_otaae 6 inch Main $73.00 / LF x _ N _ _ OA; _ $0.00 Fee ID N- SS06 -1/2 8 inch Main $75.00 / LF x N J 0:0? _ $0.00 Fee ID N- SS08 -1/2 10 inch Main $81:00 / LF x N O:Oi = $0.00 Fee ID N- SS10 -1/2 12 inch Main $83.00 / LF x N 0:0 = $0.00 Fee ID N- SS12 -1/2 15 inch Main $87.00 / LF x N 0'V = $0:00 Fee ID N- SS15 -1i/2 18 inch Main $93.00 / LF x N 0:0:. = $0.00 Fee ID N- SS18 -1/2 21 inch Main $102.00 / LF x N 0:0: = $0.00 Fee ID N- SS21 -1/2 24 inch Main $106.00 / LF x N _. 0:0" = $0.00 Fee ID N- SS24 -1/2 27 inch Main $122.00 / LFx N 0.0: = $0.00 Fee 1DN- SS27 -1/2 30 inch Main $144.00 / LF x 4,N _ 0.01 = $0.00 Fee 1D N- SS30 -1/2 33 inch Main $158.00 / 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 N SS36 -112 39 inch Main $212.00 / LF x N O.Q! = $0.00 Fee ID N- SS39 -1/2 42 inch Main $265.00 / LF x N 0.0: = $0.00 Fee ID NSS42 -1/2 Street Improvements 801- 2601 -PWDO -3899 Pavement: Sidewalks& Medians Sauare.Footacie 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 / SFx N _ - _O.0! _ $0.00 Fee ID N- STRS/W Sidewalk: replace $13.25 / SFx N 0.01 = $0.00 Fee IDNSTRS/WR Resurfacing $2.55 / SFx N 0:01 = $0.00 Fee ID NSTR -RESU Landscaped Median $20.35 / SFx _N __ . -_ _ 0.01 = $0.00 Fee ID N- STR -LANM Haidscaped Median $11.63 / SFx N , 0.01 = $0.00 Fee ID N -STR -HARD Traffic Signals'(ecuioment only) of Lump Sum Traffic Signal-3 leg $130,200.00 / LS x _% _ N 0% = $0:00 Fee ID NSTR -TS3L Traffic Signal -4 leg $158,500.00 / LS x _ N _ .0.. 0 = $0:00 Fee ID N- STR -TS4L Curb and Gutter Lineal,Fo_otaae Curb /Gur. tte new $25.85 / LF x N 0.0; _ $0:00 Fee ID N- STR -C/G Curb /Gutter. replace $33.40 / LF x N _ _ ___ _ O.Oi = $0:00 Fee ID N- STR -C/GR Curb Ramps $1,057.63 / LF x `N 0.0 = $0.00 Fee ID N- STR-CR 9/26/2014 10:49 AM $0.00 $0.00 G tD? NGINEERING\DEVELOPMENT PROJECT \Tract File\Tr 10254 Matam (GLR)\Fee Schedules - invoices -Cost Estimates\Template Dev Fees 7- 1- 2014 - MATARO (FINAL COGQLE Fees Last Revised January 2�, 2012 5 . )Revised 9 -26 -14 Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Storm Drain 801- 2601 -PWOO -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 I 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 $62.00 / LF x N 0.0 = $0.00 Fee ID N- SD27 -1/2 30 inch Main $89.00 1 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 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 Gilroys most current 7prehensive fee schedule at the hourly rates in effect at the time of inspection. �� /J e , Accepted by: Print Name: 0 � 04j Date: /0 9/26/2014 10:49 AM $0.00 G \C MDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \Tr 10254 Mataro (GLR) \Fee Schedules - Invoices -Cost Estimates \Template Dev Fees 7 -1 -2014- MATARO (FINAL COST SCHEDULE Fees Last Revised January 20, 2012 6 )Revised 9 -26 -14 OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement Total Oversized Water Main Reimbursement (Developer is responsible for up to and including 12" mains) Oversized Minimum 12" main Oversized Full Pipe $!foot Full Pipe- $/foot Oversized Footage Reimbursement 14 inch Main $114.00 $104.00 x 0.01 = $0.00 - N I 16 inch Main $124.00 $104.00 x 0i0 = $0.00 18 inch Main $135.00 - $104.00 x 0.6 = $0.00: N 20 inch Main $151.00 $104.00 x _ 0.01 = $0.00 N j 24 inch Main $164.00 $104.00 x 001 = $0.00 :'N 30 inch Main $182.00 $104.00 x ! 0:0 = $0.00 , N7 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$Noot Oversized Footage Reimbursement _ 15 inch Main $174.00 $166.00 x .` __ - __ _ AA = $0.00 _ N 18 inch Main $186.00 $166.00 x 0.0, _ $0.00 _ N-1 21 inch Main $204.00 $166.00 x 0`.O = $0.00 N 24 inch Main $211.00 $166.00. x :r___ -_0.0, = $0.00 ,_ N J 27 inch Main $244.00 $166.00 x 0:0; = $0.00 N 30 inch Main $287.00 $166.00 x 0:01 = $0.00 _ N J 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 04 = $0.00 _-N 42 inch Main $529.00 $166.00 x 0.Oi = $0.00 NJ Total Oversized Storm Drain Main Reimbmnt (Developer is responsible for up to and including 24" mains) Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $ /foot Oversized Footage Reimbursement,-- 27 inch Main $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 $140.00 x _ -- _.0:0 = $0.00 NJ 36 inch Main $1.89.00 $140.00 x 0.0 = $0.00 NJ 42 inch Main $197.00 $140.00 x = $0.00 N, j 48 inch Main $233.00 $140.00 x 0.0'. = $0.00 _ N 54 inch Main $273.00 $140.00 x O.Os = $0.00 NJ 60 inch Main $315.00 $140.00 x _ _ _ 0:0: = $0.00 ._ N 9/26/2014 10:49 AM $0.00 $0.00 $000 $0.00 Coff &HALE Fees t st Revise PM N Jarttla E T8 \Trrao, 2 le \Tr 10254 Mataro (7 R) \Fee Schedules- Invoices -Cost Estimates \Template Dev Fees 7- 1- 2014 - MATARO (FINAL ry U )Revised 9 -26.14 1 9/26/2014 10:49 AM Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storrs 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.Y07---] 72 inch Main $399.00 $140.00 x ! OAi = $0.00 ,_ 4 78 inch Main $431.00 $140.00 x _ $0.00 r N J 84 inch Main $461.00 $140.00 x 0.01 = $0.00_N',� 90 inch Main $492.00 $140.00 x Q.01 = $0.00 - N- I 96 inch Main $522.00 $140.00 x 0.01 = $0.00. _N! CogTQMU E Fes L Rs ed T PROJE SkTacile \Tr10254 Mataro (GLR)1Fee Schedules - Invoices -Cost Estimates \Template Dev Fees 7- 1- 2014 - MATARO (FINAL H�e t sev January o 12 8 )Revised 9 -26 -14 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California1n County of On I L4 Date personally appeared CML CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person(s) whose name( D re subscribed to the within instrument and acknowledged to me that jf6 3phefthey executed the same in %erfttrr au orized capacity(ig), and that by Ihe;A#K�_ signature(`,a' on the instrument the INGA ALONtO person(sl; or the entity upon behalf of which the Commission # 1931989 = person( acted, executed the instrument. z Notary Public - California Santa Clara County I certify under PENALTY OF PERJURY under the MY Comm. Expires k 15, 2015 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: W�k 2&9P Place Notary Seal Above I 61nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to p6vons 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 Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER of thumb here Number of Pages: 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 State of California County of Santa Clara On 19th day of September, 2014 before _ me, Julie R. Whelan a Notary Public, personally appeared —�G ce 1 Fi ii et who proved to me on the basis of satisfactory evidence be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he /she/ ey executed the same in his /her /er authorized capacity(ies), and that by his /her /their signature(s) on the ins rent 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. WITNES 4 nd and official seal. Signature: Name: Juli R. elan (typed or printed) ]w /iw JULIE R. WHELAN Commission # 2058756 z -w Notary Public - California z Z Santa Clara County My Comm. Expires Mar 19, 2018 (Seal) State of California County of Santa Clara On 19th day_ of September, 2014 before me, Julie R. Whelan on the basis"of`"satisfactory evid6nce t be the person(s) whose name(s) is acknowI ed to me that he /she/ a executed the same in his /her th his /her their signature(s) on the ins rument the person(s), or the entity L execute a instrument. Notary Public, personally appeared , who proved to me )subscribed to the within instrument and authorized capacity(ies), and that by n behalf of which the person(s) acted, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m d offici I seal. Signature: Name: Julie R. helan (typed or JW /]w 9102.61 JEW sail l ww00 ra I(lu1k00 Carlo 111ueS Z i e1wo10e0 - o!IQnd ARION o D 9919SOE #E uolsslwwoD NV13HM'H Tim (Seal) JULIE R. WHELAN Commission #F 2058756 z .per Notary Public California Santa Clara County My Comm. Ex Tres Mar 19, 2018 ACKNOWLEDGMENT State of: California County of: Contra Costa 0 H ,before me, Yvonne M. Craves, Notary Public (name and title of the officer) personally appeared John J. Ryan who proved to me on the basis of satisfactory evidence to be the person W whose names} is /are subscribed to the within instrument and acknowledged to me that he /stye/" executed the same in his /4e authorized capacity (iE ,and that by his /her signatures-} on the instrument the personK or the entity upon behalf of which the personal 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 YVONNE M. CRAVES Commission # 2014324 Notary Public - California i Contra Costa County My Comm. Expires Mat 26, 2017 (seal) ign ure of Notary Public ACKNOWLEDGMENT State of: California County of: Contra Costa On� before me, Yvonne M. Craves, Notary Public (name and title of the officer) personally appeared Josh Roden who proved to me on the basis of satisfactory evidence to be the person W whose name&} is /at=e subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/4e4th& authorized capacity k&,)—,and that by his /#er t4& signature{} on the instrument the person*, or the entity upon behalf of which the person{&} 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 z u Sign ture of Notary Public YVONNE M. CRAVES Commission # 2014324 Notary Public California D ® Contra Costa County My Comm. Expires Mar 26, 2017 (seal) AC-oR0® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 9/17/2014 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 Alliant Insurance Service, Inc. 333 S Hope St Ste 3750 Los Angeles CA 90071 CONTACT Tami Guo NAME: PHONE 213 270 0998 Fax 213443 0998 E-MAIL . Tami.Guo @alliant.com INSURERS AFFORDING COVERAGE NAIC 0 INSURERA:AS en Insurance UK Limited B0595XR4409014 /31/2014 INSURED INSURER B: $1,000,000 INSURER C: CLAIMS -MADE ❑ OCCUR Brookfield Residential Properties Inc. 12265 El Camino Real, Suite 180 San Diego CA 92130 INSURER 0: INSURER E: $ INSURER F: MED EXP (Anyone person) $ COVERAGES CERTIFICATE NUMBER: 1455333247 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 I TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A x COMMERCIAL GENERAL LIABILITY B0595XR4409014 /31/2014 3/31/2017 EACH OCCURRENCE $1,000,000 CLAIMS -MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1,000,000 X POLICY JECT C LOC JE PRODUCTS - COMP/OP AGG $Included $ OTHER: AUTOMOBILE LIABILITY Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PR P R AMAGE Per accident $ UMBRELLA LIAR EACH OCCURRENCE $ HOCCUR AGGREGATE $ EXCESS LWB CLAIMS -MADE DIED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N -7 10 STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑NIA (Mandatory . in NH) E.L. DISEASE - EA EMPLOYE $ i es, describe under DESCRIPTION OF OPERATIONS: below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached K more apace is required) Re: Glen Loma Ranch Community - Final Map Approval & Improvement Work City of Gilroy added as additional insured per Property Improvement Agreement requirements Brookfield Bay Area Holdings LLC, Brookfield Mataro LLC & Brookfield Ambrosia LLC are named insureds of the above listed policy. 30 days written notice of cancellation shall be given to City of Gilroy CERTIFICATE HOLDER CANCELLATION City of Gilroy 7351 Rosanna Street Gilroy CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHH�OR�IZEDD REPRESENTATIVE a ' ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACCOR®' CERTIFICATE OF LIABILITY INSURANCE DATE 91'9/2014 ' 8!1912014 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 13Y 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 end conditions of the policy, certain policies may require an endorsemenL A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: MARSH USA INC. 6500 SHERIDAN DRIVE, SUITE 114 WILLIAMSVILLE, NY AIC, PHONE Eat): 1- 866616.0088 Ne : 416- 349 -4564 NI ADDRESS: INSURERS APPORDNG COVERAGE_ NMC e U.S.A. 14221 INSURER A. EACH OCCURRENCE E INSURED BROOKFIELD RESIDENTIAL PROPERTIES, INC. INSURER 8: 12265 El Camino Real, Suite 180 INSURER C. COMMERCIAL GENERAL LIABILITY owwR o: Old Republic Insurance Company 24147 San Diego, CA U.S.A. 92130 INSURER E: INSURER F: COVERAGES CERTIFICATENUMSERt 14115 -05&RP WC 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS; Gilroy, CA TYPE OF INSURANCE q�rgR Oy yp POLICY NUMBER F wwoorryyin �D LIMITS GENERAL LIABILITY EACH OCCURRENCE E COMMERCIAL GENERAL LIABILITY 6AMAGET'OREW D PREMISES Ea o==er e _$ CLAIMS4AADE 1:1 OCCUR AHED EXP (Any one person) E PERSONAL & AOV INJURY E GENERAL AGGREGATE S GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S 5 POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea ac ideM S 80DILY INJURY (Par person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY .INJURY (Per aWdau) S YO E Per aeddsm S NON -OWNED HIRED AUTOS AUTOS E UYBRELL A LIAB OCCUR EACH OCCURRENCE S EXCESS LAB 10-AWS44AM_ I AGGREGATE S DEO RETEN IOk S 5 D WORKERS NAND OwLa R9' LIn, YIN X WIC STATU- TORY LIMITS H ER F-L EACH ACCIDENT 52.000,000 ANY PROPRMTONPARTNEME%ECUTIVE oPFICERFMEMBEREXCLUDEm (Mandatory In "HI I yes, desalt under DESCRIPTION OF OPERATIONS below NIA MWC 302367 -00 05/15/2014 05/15/2015 EL. D�w.ASE- EAE_MPLOYEE 52,000,000 EL DISEASE : POLICY LAMB 52,000,000 DESCRIPTION OP OPERATIONS r LOCATIONS / VEHK:LES (Attach ACORD {e1. Additional Ranarks Schadele. N mere space Is re*dred) Evidence of coverage. Re: Glen Loma Ranch Community — Final Map Approval & Improvement Work City of Gilroy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 7351 Rosanna Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Gilroy, CA ACCORDANCE WITH THE POLICY PROVISIONS. U.SA. 95020 AUTHORIZEDREPRESENTATNE j X. ®1988 -2010 ACORD CORPORATION, All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD C) 1. 0 IL 10 (12106) OLD REPUBLIC INASURANCE COMPANY NOTICE OF CANCELLATION OR NONR]DMVAL THE "CANCELLATIONO CONDITION OR "CANCELLING THIS POLICY DURING THE POLICY PERIODn CONDITION IS AMENDED TO INCLUDE NONRENEWAL AND TO READ 90 DAYS/10 DAYS NONPAYMENT OF PREMIUM. IT IS PVRTHER AGREED THAT SUCH NOTICE WILL BE GIVEN IN WRITING, TO JOAN CUMMINGS, RISKCORP, 465 RICHMOND STREET, SUITE 302, LONDON, ONTARIO, CANADA N6A SP4. 04 FORM B Page I INSURM COPY