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PIA No. 2015-04 - Meritage HomesRECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 22985276 Pages: 19 Fees.... 79.00 Taxes... Copies.. AMT PAID 79.00 REGINA ALCOMENDRAS RDE # 001 SANTA CLARA COUNTY RECORDER 6/12/2015 Recorded at the request of 11:44 AM Grantor (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2015-04 HEARTLAND ESTATES — Tract 10267 APN: 810-21-004 Merit.age Homes Corp. MS11065242.1 9118/12 rev. 3/23/15 091812-04708091 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. 2015 -04 This Property Improvement Agreement ( "Agreement ") is made and entered into this28t"day of MPZIL , 20 U , by and between the City of Gilroy, a municipal corporation, herein called the "City," and Meritage Homes Corp., 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: Heartland Estates, APN: 810 -21 -004, 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 10267 Heartland Estates. WHEREAS, the Developer is the fee owner of the Property and requires certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this Agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations and established policies of the City and the laws of the State of California and the United States of America 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- \KKS \1065242.1 9/18/12 rev. 3/23/15 091812-04706091 I 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 established policies of the City and the laws of the State of California and the United States of America, including without limitation, the California Labor Code and California Public Contract Code. Developer further agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States of America, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage 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 and established policies of the City and the laws of the State of California and the United States of America 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 -3- WKS11065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 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 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. 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. -4- IKKS11065242.1 9/18/12 rev. 3/23/15 091812 -04706091 ,r 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 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 9 of the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and permitted assigns and all subsequent fees owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and/or entity. Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of -5- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 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. The project shall comply with all applicable requirements of the Hecker Pass Specific Plan, Backbone Infrastructure Plan, and Development Agreement (DA). 2. City Wireless System shall be provided per Hecker Pass Specific Plan Development Agreement. 3. The Project shall comply with all applicable mitigation measures as contained in City Council Resolution 2009 -32 (Exhibit B) 4. The PUD Architecture and Site approval for the project shall be approved prior to recordation of the Final Map. 5. The developer shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officer, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 6. No building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the City's Residential Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any conditions of approval issued in connection with such development or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. The project must also comply with any of condition of exemption granted from the RDO, including but not limited to time limits in obtaining City approvals and completion of construction of the dwelling units. 7. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria, Hecker Pass Specific Plan, Hecker Pass Development Agreement and Hecker Pass Specific Use District and is subject to all laws of this community by reference. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections shall be in accordance with City Standards and Hecker Pass Specific Plan, Hecker Pass Development Agreement and Hecker Pass Specific Use District and shall follow the most current Master plan for streets and each utility. The developer shall provide full street, curb gutter, sidewalk and electrolier improvements. [Municipal Code, Section 21, Article 2] 8. Post development run -off must be the same as pre - development run -off. Analysis identifying post/pre - development run -off rates shall be provided. [S WCB] -6- WKS11065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 9. All storm drain run -off must be pre- treated prior to entrance into public storm drain system. Pre- treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and/or Improvement Plan approval. [SWCB] 10. Off -site public improvements shall be installed per the approved Improvement Plans. 11. Damaged curb, gutter, sidewalk, and driveway approaches to remain along project frontage /limits shall be replaced to meet current City Standards, as applicable, and conform to adjacent properties. [City Standards Section 20, Article IX] 12. Any work in the public right -of -way shall require a signing and striping plan prepared by a licensed, professional engineer with experience in preparing such plans. Signage and striping plans shall be overlaid on an existing street and/or "conform" to existing, adjacent improvements, signing and striping plans shall encompass the minimum areas indicated in the City's Current policy. [City Standards Appendix A] 13. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the geotechnical investigation. This shall be subject to review and approval by the Engineering Division. [CBC] 14. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show the grades of all adjacent properties. [CBC] 15. New and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting, and cable television shall be required to be placed underground. [Municipal Code Section 21, Article V] 16. 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. 17. If there are any reimbursements payables 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. Such reimbursement shall be solely contingent upon the availability of the City's Traffic Impact Fee Funds and in no case shall the reimbursement be paid beyond ten (10) years after the execution of the Agreement. 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 -7 IKKS11065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 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. SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $ 0.00 (Minimum. actual amount to be determined) CITY OF GILROY DEVELOPER: By: Thomas J. Haglund City Administrator Date: 2� 1 ATTEST: Shawna Freels, City By: Name: B!%" fib -T Title: Date: APPROVED AS TO FORM: o , City Attorney 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. -8- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812 -04706091 Oder Mumbe: 0192.4n4057 Page Mmiber: 6 LEGAL DESCRIPTION Real property In the Clty of ®trroy , County of Santa Clara, State of CaRfomia, described as follows: PARCEL. A, AS SHOWN ON THE PARCEL MAP FILED FOR RECORD ON 3ANUARY 24, 2013, IN BOOK 8S8 OF MAPS AT PAGE(S) 48-49, SANTA CIARA COUNTY RECORDS. APN: 810 -21 -008 RaAwerftn Tide Page 6 0113 4M/2015 1:15 PM COST SCHEDULE Fees Last Revised January 20, 2012 %COMDEVIENGINEERIMGIDEVELOPMENT PROJECTSWEESTroject Cost ScheduleslTract 10267 Heartland Estates CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 711/2014 ENCOMPASS NO: E1 14120009 1 Revised: Revision Number: DATE: 1 T,- Dec -14 : _ Revision By: NUMBER: Tract: 102671Heartland.Estates PROJECT LOCATION: 1690 1756 Hecker Pass Hwy PARCEL NUMBER: 81041 -0048'810 - 20-005 OWNER/DEVELOPER: Meritage:Homes MAILING ADDRESS: TELEPHONE NO: (707) 359 -2017 r PREPARED BY: MAngeles/Cmoran Account No. Key Code Fee: Credits: Amount Due: Account Description Paid on Invoice # 100 - 2601 - 0000 -3625 4904 $2,084.70 $2;084.70 $0.00 Special Public Works Sery 100 - 2601 - 0000 -3605 4702 $98,237.83 $98,237.83 $0.00 Eng Plan Check & Insp 420- 2600 - 0000 -3660 4501 $8,888.64 $8,688.64 $0.00 Storm Development Fee 432 - 2600 - 0000 -3660 3301 $653.95 $653.95. $0.00 Str Tree Development Fee DEFERED TO 433 - 2600 - 0000 -3660 4905 $154,080.00 BUILDING PEFTraffic Impact Fee DEFERED TO 435 - 2600 -0000 -3660 4509 $166,695.00 BUILDING PEF Sewer Development Fee DEFERED TO 436 -2600- 0000 -3660 4510 $64,410.00 BUILDING PEF Water Development Fee DEFERED TO 440- 2600 - 0000 -3660 4515 $262,830.00 BUILDING PEF Public Facility Fee 720 - 0433 -0000 -3620 2202 $2,879.82 $2,879.82 $0.00 Const Water Use Fee 801- 2601 -PWDO -3899 4703 $0.00 $0.00 Reimbursements 801- 2601 -PWDO -3899 4703 $Oi00!- $0.00 Other Reimbursements Total $0.00 Payment Bond Amount for all improvements $1,094,498 Performance Bond Amount for all improvements $1,094,498 COST SCHEDULE Fees Last Revised January 20, 2012 %COMDEVIENGINEERIMGIDEVELOPMENT PROJECTSWEESTroject Cost ScheduleslTract 10267 Heartland Estates 4282015 1:15 PM FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK ? N INCENTIVE AGREEMENT ONLY? N' (DEFER PUBLIC FACILITY FEE? TO PERMIT ? Y TO FINAL ? . N'. DEFER SEWER, WATER, TRAFFIC FEES 7 TO PERMIT? Y 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? Gross Acres: CITY OF GILROY 15.760 COMMUNITY DEVELOPMENT DEPARTMENT 0.000 ENGINEERING DIVISION 0.000 COST ESTIMATE OA00 ALL PUBLIC FACILITY, SEWER, WATER 5 TRAFFIC FEES ARE DEFERED ENCOMPASS NO: E7 14120009 DATE: 11- Dec -2014 NUMBER: Tract 10267 Heartland Estates PROJECT LOCATION: 1690 5 1750 Hecker Pass Hwy PARCEL NUMBER: 810 -21 -004 5 810 -20 -005 OWNER/DEVELOPER: Meritage Homes MAILING ADDRESS: TELEPHONE NO: (707) 359 -2017 PREPARED BY: MAngeles/Cmoran FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK ? N INCENTIVE AGREEMENT ONLY? N' (DEFER PUBLIC FACILITY FEE? TO PERMIT ? Y TO FINAL ? . N'. DEFER SEWER, WATER, TRAFFIC FEES 7 TO PERMIT? Y 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? Gross Acres: Parcels: Lots (Units): 15.760 21 -15 0.000 0 0 0.000 0 OA00 0 0.000 0 .0.000 0 0.000 0 0.000 CommerciaVlndustrial Allocations: Sewer GPD: Water GPD: 0 0 Reimbursements and credits: Front Footage/Square Footage Charges and Construction Water. Street Tree FF: Water FF: Sewer FF: Storm FF: 1,595.0 0.0 0.0 0.0 Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: 0.0 0:0 0.0 0.0 Sq Ft: 0 0 0 0. 0 0 Const Water Acres to be Developed: 15.760 Construction Water FF: 0.0 SPECIAL PUBLIC WORKS SERVICES 100 - 2601 -0000 -3625 $2,084.70 Maps: Final Map $1,755.00 + $15.70 / parcel Y $2,084.70 Fee ID NO- FINALM Parcel Map $2,035.00 + $630.00 / parcel N $0.00 Fee ID NO- PARCELM Re- assessment Map (Assessment District Parcels) $1,710.00 + $630.00 / parcel N $0.00 Fee ID N- ASSESM Administration Fees: (Cost Schedules, Agreements, R/W Reviews and Other Misc. Services) 0 hr Misc Services $185.00 / hr. Y $0.00 Fee ID N-MISC Special Staff Analysis 0 hr Special Analysis $143.44 / hr. N $0.00 COST SCHEDULE Fees Last Revised January 20, 20122 COMDEV\ENGINEERIZ\DEVELOPMENT PROJECTS\FEES\Pmject Cost Schedules \Tract 10267 Heartland Estates ENGINEERING PLAN CHECKS INSPECTION 100 - 2601 -0000 -3605 COST ESTIMATE $98,237.83 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 0 hr Additional Plan Review $143.44 / hr. N $0.00 (2 Hour Minimum) Re- Inspection Fee 0 hr Re4nspection $125.00 / hr. N $0.00 Inspections outside of normal business hours 0 hr Inspection $475.00 + $160.00 / hr. after 3hrs N $0.00 COST ACTUAL (Based on total cost of improvements) ESTIMATE COST Estimated Cost of Improvements $1!',094;498 $0 12.6% $0 $100,000 `'Y $12,600.00 Y $0.00 10.5% $100,000 $200,000 Y $10,500.00 Y $0.00 8.4% over $200,000 Y $75,137.83 Y $0.00 Payment Bond Amount for all improvements $1,094,498 Performance Bond Amount for all improvements $1,094,498 IMPACT FEES Storm Drain Impact Fee 420 - 2600-0000 -3660 a.Residential -Low $564.00 / acre Y $8,888.64 b.Residential -High $886.00 / acre Y $0.00 c.Commerclal $1,528.00 / acre Y $0.00 d.Industrial $1,128.00 / acre Y $0.00 e.Assembly Hall $564.00 / acre Y $0.00 Street Tree Fee 432 - 2600 -0000 -3660 a.City Planting and Replacement $3,06 / f.f, x N' 0.0 = $0.00 b.lnspection and Replacement $0.41 / f.f. x Y 1,595.0 = $653.95 Traffic Impact Fee 433 - 2600 -0000 -3660 a.Residential -Low $10,272.00 / unit Y $154,080.00 b.Residential -High $8,327.00 / unit Y $0.00 c.Commercial -Low Traffic 1- 10.75 trips/1000 sf) $11,365.00 / k.s.f. Y $0.00 d.Commercial -High Traffic p= 10.75 trips/1000 sf) $22,958.00 / k.s.f. Y $0.00 e.lndustrial- General $4,504.00 / k.s.f. Y $0.00 f.industrial- Warehouse $3,264.00 / k.s.f. Y $0.00 4/28/2015 1:15 PM Fee ID NO- GRADINS Fee ID NO- GRADINS Fee ID NO- GRADINS DIFFERENCE ($98;237.83) Fee ID NO- PCKINSP Fee ID NO -SD-LD Fee ID NO -SD -HD Fee ID NO -SD -C Fee ID NO-SD -I Fee ID NO -SD -AH $8,888.64 $653.95 Fee ID NO- TREEPLT Fee ID NO- TREEINS DEFERED TO BUILDING PERMIT 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 COST SCHEDULE Fees Last Revised January 20, 201a\COMDEV\ENGINEERiO.-\ DEVELOPMENT PROJECTS\FEES\Pmject Cost Schedules\Tract 10267 Heartland Estates 4282015 1:15 PM Sewer Impact Fee 435 - 2600-0000 -3660 DEFERED TO BUILDING PERMIT a.Residential -Low $11,113.00 / unit Y $166,695.00 Fee ID N1 -SS -LD b.Residential -High $6,013.00 / unit Y $0.00 Fee ID N2 -SS -HD c.Commercial /Industrial $3,517.00 / cgpd Y $0.00 Fee ID N5- SS -C /I Water Impact Fee 436 - 2600 -0000 -3660 DEFERED TO BUILDING PERMIT a.Residential -Low $4,294.00 / unit Y $64,410.00 Fee ID N1- WATR -LD b.Residential -High $1,737.00 1 unit Y $0.00 Fee ID N2- WATR -HD c.Commercial /Industrial $6,731.00 / kgpd Y $0.00 Fee ID N5- WTR -C /I Public. Facilities Impact Fee 440- 2600 -0000 -3660 DEFERED TO BUILDING PERMIT a.Residential -Low $17,522.00 / unit Y $262,830.00 Fee ID N1 -PF -LD b.Residential -High $14,742.00 / unit Y $0.00 Fee ID N2 -PF -HD c.Commercial $2,640.00 / k.s.f. Y $0.00 Fee ID N3 -PF -C d.lndustrial $1,168.00 / k.s.f. Y $0.00 Fee ID N4 -PF -I Water User Fee (Construction) 720 -0433 -0000 -3620 Y $2,879.82 $3.00 / f.f. $0.00 Fee ID NO- CONWTFF plus $182.73 / a.c. $2,879.82 Fee ID NO- CONWTAC FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure) The Half Pipe schedule is used to determine the front footage reimbursement to former developers for infrastructure previously installed along the front footage of the development. The Full Pipe schedule is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main extensions to sizes required by each master plan that are greater than the sizes required by the development. The oversized portion is the difference between the master planned size for the main and the greater of the main size required by the development or the developers minimum responsibility for each main. Water 801- 2601 -PWDO -3899 $0.00 Water Mains - including fire hydrants, valves, valve boxes and other pertinences. Developer responsibility is up to and including 12" mains Half Pipe Lineal Footage 6 inch Main $39.00 1 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 ID N- WROB -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 - 0:0 = $0.00 Fee ID N- WR14 -1/2 16 inch Main $62.00 / LF x N 0.0 = $0.00 Fee ID N- WR16 -12 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 ID N- WR24 -1/2 30 inch Main $91.00 / LF x 'N.: 0.0 = $0.00 Fee ID N- WR30 -1/2 36 inch Main $106.00 / LF x N _ 0.0 = $0.00 Fee ID N- WR36 -12 COST SCHEDULE Fees Last Revised January 20, 2012 COMDEVIENGINEER114MDEVELOPMENT PROJECTSWEESTroject Cost Schedules\T2ct 10267 Heartland Estates 4/2812015 1:15 PM Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Sewer 801- 2601 -PWDO -3899 $0.00 Sewer Mains - including manhole and other pertinences. Developer responsibility is up to and including 12" mains. Half Pipe Lineal Footage 6 inch Main $73.00 / LF x N 0.0 = $0.00 Fee 1D N- SS06 -1/2 8 inch Main $75.00 / LF x N 0.0 = $0.00 Fee ID N- SS08 -1/2 10 inch Main $81.00 / LF x N 0.0 = $0.00 Fee ID N- SS10 -1/2 12 inch Main $83.00 / LF x 'N 0.0 = $0.00 Fee ID WSS12 -1/2 15 inch Main $87.00 / LF x N 0.0 = $0.00 Fee ID N- SS15 -1/2 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 $108.00 / LF x ,N. 0.0 = $0.00 Fee ID N- SS24 -1/2 27 inch Main $122.00 / LF x N 0.0 = $0.00 Fee ID NSS27 -1/2 30 Inch Main $144.00 / LF x N 0.0 = $0.00 Fee1D N- SS30 -1/2. 33 inch Main $158.00 / LF x N 0:0 = $0.00 Fee ID NSS33 -1/2 36 inch Main $178.00 / LF x N _0:0 = $0.00 Fee ID N- SS36 -1/2 39 inch Main $212.00 / LF x N 0.0 = $0.00 Fee ID NSS39 -1/2 42 inch Main $265.00 / LF x N 0.0 = $0.00 Fee ID N- SS42 -1/2 Street Improvements 801- 2601 -PWDO -3899 $0.00 Pavement. Sidewalks & Medians Square Footage AC/Bike path: base $2.55 / SF x N ... :,... _ .0.0 = $0.00 Fee iD NSTR -ACB AC /Bike path: pvmt $2.50 / SF x N _ 0.0 = $0.00 Fee ID N- STR -ACP Sidewalk: new $9.75 / SF x N 0.0 = $0.00 Fee ID NSTR -S/W Sidewalk: replace $13.25 / SF x N' 0.0 = $0.00 Fee JD N- STR -S/WR Resurfacing $2.55 / SF x N 0.0 = $0.00 Fee ID N- STR -RESU Landscaped Median $20.35 / SF x ;N 0.0 = $0.00 Fee ID N- STR -LANM. Hardscaped Median $11-.63 / SF x .;N 0.0 = $0.00 Fee ID N -STR -HARD Traffic Signals (eauioment only % of Lumo Sum Traffic Signal-3 leg $130,200.00 / LS x N! 0% _ $0.00 Fee ID N- STR -TS3L Traffic Signal -4 leg $158,500.00 / LS x 'N' 0% _ $0.00 Fee ID N- STR -TS4L Curb and Gutter Lineal footage Curb /Gutter. new $25.85 / LF x N 0.0 = $0.00 Fee ID N- STR -C /G Curb /Gutter. replace $33.40 / LF x N _0.0 = $0.00 Fee ID NSTR -C /GR Curb Ramps $1,057.63 / LF x N,':;': ! 0.0 = $0.00 Fee ID N- STR -CR COST SCHEDULE Fees Last Revised January 20, 2012\COMDEV\ENGINEERI[fG \DEVELOPMENT PROJECTS\FEES\Project Cost Schedules \Tract 10267 Heartland Estates ' f � 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 = $0.00 Fee ID N- SD96 -1/2 NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time fees are paid. The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference. Additional plan review required by changes, additions or revisions to ved plans, re' spections and inspections outside of normal business hours will be billed as shown in the City of Gilro ' st current p hen fee sched eat the h rly rates in effect at the time of inspection. Accepted b 0--edm Print Name: 150111-1 1, 34& J HY*Z� Date: '5)'/ f Z$ f 1J 4/28/2015 1:15 PM $0.00 COST SCHEDULE Fees Last Revised January 20, 2012 \COMDEV\ENGINEERlft\DEVELOPMENT PROJECTS\FEES\Pmject Cost Schedules \Tract 10267 Heartland Estates Pr 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':0 = $0.00 N 16 inch Main $124.00 $104.00 x 0.0 = $0.00 18 inch Main $135.00 $104.00 x .: 0.0 = $0.00 : -N; 20 inch Main $151.00 $104.00 x 0.0 = $0.00 N . 24 inch Main $164.00 $104.00 x 0.0 = $0:00 N' 30 inch Main $182.00 $104.00 x . 0.0 = $0.00 N 36 inch Main $211.00 $104.00 x 0.0 = $0.00 N Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains) Oversized Minimum 12" main Oversized Full Pipe $!foot Full Pipe $/foot Oversized Footage Reimbursement 15 inch Main $174.00 $166.00 x 0.0 = $0.00 N 18 inch Main $186.00 $166.00 x 0.0 = $0.00 N 21 inch Main $204.00 $166.00 x _ 0.0 = $0.00 N 24 inch Main $211.00 $166.00 x 0.0 = $0.00 N 27 inch Main $244.00 $166.00 x 0.0 = $0.00 N 30 inch Main $287.00 $166.00 x 0.0 = $0.00 N 33 inch Main $315.00 $166.00 x 0.0 = $0.00 N 36 inch Main $356.00 $166.00 x - . ': 0.0 = $0.00 N 39 inch Main $423.00 $166.00 x 0,0. = $0.00 N- 42 inch Main $529.00 $166.00 x 0.0 = $0.00 'iN' 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 N 36 inch Main $189.00 $140.00 x 0.0 = $0.00 N. 42 inch Main $197.00 $140.00 x :. 0.0 = $0.00 N_ 48 inch Main $233.00 $140.00 x 0.0 = $0.00 N 54 inch Main $273.00 $140.00 x 0.0 = $0.00 N 60 inch Main $315.00 $140.00 x 0.0 = $0.00 N 4/26/2015 1:15 PM $0.00 $0.00 $0.00 $0.00 COST SCHEDULE Fees Last Revised January 20, 201a%COMDEV\ENGINEERI17G \DEVELOPMENT PROJECTS\FEES\Project Cost Schedules \Tract 10267 Heartland Estates J t 4/28/2015 1:15 PM Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storm Drain Main Reimbmnt Continued Oversized Minimum 24" main Oversized Full Pipe $!foot full Pipe $/foot Oversized Footage Reimbursement 66 inch Main $357.00 $140.00 x 0.0 = $0.00 " N 72 Inch Main $399.00 $140.00 x 0.0 = $0.00 -N 78 inch Main $431.00 $140.00 x 0.0 = $0.00 N. 84 inch Main $461.00 $140.00 x 0.0 = $0.00 N 90 inch Main $492.00 $140.00 x 0.0 = $0.00 N 96 inch Main $522.00 $140.00 x 0.0 = $0.00 N COST SCHEDULE Fees Last Revised January 20, 2012 COMDEV\ENGINEERlftDEVELOPMENT PROJECTSTEES1Project Cost ScheduleslTract 10267 Heartland Estates CALIFORNIA • •D C. , < .!:�:� •� •�C ..•.< C C , .�.�,..�... <�< < < ,�. �< . < ..�,�<.�C <..�, �...�<� -.�C .�.� .�C C ,,:mot ..�.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of S6(0-00 ) On AA-111 1 ZF� before me, V �C A �S ► "D f� Date Here Insert Name and Title of t e Officer personally appeared John Bornha, Name(s) of Signer(s) 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. VICTORIA ADAMS fission # 2105919 Notary PubNc - Cam"A solwo County My Comm, ins A r 5 2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature � 4k!g4/ Signature of Notary Public Place Notary Seal Above 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 Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _I Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General i_=1 Individual ❑ Attorney in Fact _1 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: i Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californi i ) County of On j 5 l 2-7 1'g-C IS- before me, Date --rte ..,r ],Here Insert Name and Title of the personally appeared of Signer(s) who proved to me on the basis of satisfactory evidence to be the erson(I, whose name subscribed to the within instrument and acknowdedged to me that hreithey executed the same in i / W# eir authorized capacity(' , and that by is eir signature n the instrument the person(, the entity upon behalf of which the person( ac ed, 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. IN ALON20 C Commission #t 2103704 Notary Public - California > Signature U4t�d a�ug� Santa Clara County v nature of Notary P is Comm 15 2019 Place Notary Seal Above 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 Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: LSD.. �f!.<✓: �✓.<✓. �✓:', vq✓ L�: C :4C:S�✓.4�'!.�✓'.�.L�✓:�✓:�✓'.� :�:�✓•.�'!s� '.�� . �. L� '!S� ✓'.�✓'.� <�✓'.��!'.��!:��!.� . �✓. �;!. �✓: �' S '.<✓.<✓,6�✓:�✓.�✓,y�✓:�_!:�✓'•' ACOR 7 -0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMMDNYM 19/2812016 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((es) must be endorsed. If SUBROGATION I$ 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 R.K. Gore & Associates Insurance Brokers, L.P. 15901 Red Hill Ave Suite 100 Tustin CA 92780 C M A Ma ali Melchor, CIC PHONE 714505 -7000 FAX 714573 -1770 -MAIL . mmelchor @rkgore,Com INSURERS AFFORDING COVERAGE NAIC 0 Y INSURER A: LIBERTY MUT FIRE INS CO 23035 10/1/2005 INSURED MERIT -3 INSURERB:AIG Specialty Insurance Co 26883 Meritage Homes Corporation 8800 East Raintree Dr, Ste 300 Scottsdale, AZ 85260 INSURER C: INSURER D : INSURER E INSURER F : CLAIMS -MADE ❑X OCCUR COVERAGES CERTIFICATE NUMBER- 2103769343 REVISION NUMRER- THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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. I�TR TYPE OF INSURANCE INSD WVD' POLICY NUMBER POLICY EEE MMIDD/YYY1 LIMITS B X COMMERCIAL GENERAL LIABILITY Y RMGL5749895 10/1/2005 10/1/2017 EACH OCCURRENCE $3,000,000 DAMAGE TO RENTEff- CLAIMS -MADE ❑X OCCUR PREMISES Ea occurrence) $50,000 MED EXP (Any one person) $0 PERSONAL 8 ADV INJURY $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY JET a LOC PRODUCTS - COMP/OP AGG $3,000;000 $ OTHER: AUTOMOBILE LIABILITY Ea accident $ BODILY INJURY (Per person) $ ANY AUTO UTOOp ASVNED AU OSU�D BODILY INJURY (Per accident) $ NON-OWNED HIRED AUTOS AUTOS R DAMAGE Per accident " $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LUAB DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICER/MEMBER EXCLUDED? N / A WC2Z91434715056 10/1/2016 10/1/2017 X PTR 'ET' E: L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEO $1,000,000 ,1,1Y (Man 1, ry In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Heartland West (Hoey /Arias) 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. %.r-M t tnurt t r- nvt_vr-M 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. REPRESENTATIVE All rgahts ACORD 25'(2014/01) 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 II — Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or 1. This insurance applies only with respect to b. "Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products- completed for which the state or governmental agency or operations hazard'. subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these However: additional insureds, the following is added to Section III Limits Of Insurance: 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. 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. 1011105 forms a pert of Policy No. 57498 -95 issued to Meritage Homes Corportelon by American International Specialty Lines Insurance Company ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT Th1s endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART Section ll - 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 on additional Insured undor this policy, as a result of any ccntract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided 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 provided will not exceed +he lesser of: 1. The coverage and /or limits of this poky, or 2. The coverage and /or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE OR COUNTERSIGNATURE{ IN STATES WHERE REQUIRED)