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PIA No. 2016-01 - Meritage Homes Corp.1� u DOCUMENT: 23337813 Pages: 19 Fees 11111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CopiaS 79 00 AMT PAID 79.00 RECORDING REQUESTED BY: REGINA ALCOMENDRAS RDE # 001 City of Gilroy SANTA CLARA COUNTY RECORDER 6/16/2016 Recorded at the request of 11'25 AM Grantor WHEN RECORDED, MAIL TO: Shawn Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2016 -01 Heartland Estates Phase I1— Tract 10315 APN: 810 -21 -009 Meritage Homes Corp. -1- IXK511065242.1 9/18/12 rev. 3/23/15 091812 -04706091 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. 2016 -01 This Property Improvement Agreement ( "Agreement') is made and entered into this _l d day of Max , 2016, by and between the City of Gilroy, a municipal corporation, herein called the "City," and Meritage Homes, a California corporation, herein called the "Developer ". WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as and called: Heartland Estates Phase II, Tract No 10315 APN: 810- 21 -009, 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 10315 Heartland Estates Phase II. 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. WCS11065242.1 091812 -04706091 -2- 9/18/12 rev. 3/23115 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 fiuther 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 Faithfiil Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of MM1065242.1 091812 -04706091 -3- 9/18/12 rev. 3/23/15 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 fumishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance's website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to the City prior to Council approval of the final map of the subdivision. Upon approval of the record of survey or the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all other sums payable by Developer pursuant to the attached comprehensive fee schedule. f At all times during the term of this Agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage, (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this Agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City -4- 1KKS 1065242.1 9/18/12 rev. 3/23/15 091812-04706091 prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That all the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed to City's satisfaction within one year from and after the date and year of this Agreement first above written. Developer shall maintain such public works facilities and other improvements described in this Agreement at Developer's sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property. SECTION 4 That the faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by Developer. SECTION 5 That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is an instrument affecting the title or possession of the real property and rims 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 each parcel shall succeed to the obligations imposed on Developer by this Agreement. -5- M1065242.1 9/18/12' .3/23/15 091812-04706091 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 Tentative Map conditions and applicable mitigation measures as contained in City Council Resolution 2015 -26 (TM 14 -04 approval). 2. The Developer shall perform all work in compliance with the City of Gilroy Specifications Standards Design Criteria, 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 lines, and all street sections shall be in accordance with City Standards and Hecker Pass Specific Plan, Hecker Pass Development Agreement and Hecker Pass Backbone Plans and shall follow the most current City Master plan for streets and each utility. 3. The Developer shall furnish bonds for the design and installation of the two required public art pieces and installation of landscape improvements at the City -owned parcel located at the southwest comer of Santa Teresa Boulevard and Hecker Pass Highway. All bonds will be released upon tract acceptance. a. Public Art: Developer shall fiunish two good and sufficient bonds for the two public art pieces, a Payment Bond and a Faithful Performance Bond each in the amount of $250,000.00. Approval of the public art design shall be completed prior to issuance of the 17th building occupancy. Public art installation shall be completed prior to acceptance of Tract 10315. Preliminary locations for the public art pieces are at the Hecker Pass Highway /Autumn Street Roundabout and at the City -owned parcel located at the southwest corner of Santa Teresa Boulevard and Hecker Pass Highway. The public art shall be maintained by a homeowners' association, a proposed citywide Public Art Maintenance Community Facilities District (CFD) or other legal entity approved by the City. If a homeowners'' association or other legal entity will maintain the public art, the Developer shall enter into a formal written Revocable Right of Entry for Maintenance Purposes and Maintenance Agreement with the City. b. Landscape improvements at City -owned parcel: Developer shall furnish two good and sufficient bonds, a Payment Bond and a Faithful Performance Bond each in the amount of $200,000.00. Approval of the landscape plans shall be completed prior to I' building occupancy. Landscape improvement installation shall be completed prior to acceptance of Tract 10315. The landscape improvements shall be maintained by the City. 4. The Developer has agreed to add bike lane striping along Hecker Pass Highway from Tract 10315 frontage to Santa Teresa Boulevard. Striping location and details to be determined at improvement plan stage. 5. The Developer shall annex the project into the Citywide Landscape Maintenance Community Facilities District (CFD 2012 -1) for the maintenance of the open space adjacent to Hecker Pass Highway. The developer shall pay the annexation fee, complete the annexation application and annex into CFD 2012 -1 prior to the first building occupancy. -6- IKKSI1065242.1 9/18/12 rev. 3/23/15 091812 -04706091 6. If there are any reimbursements payable to the Developer, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Developer named in this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City's reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. 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 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 $90,259.53 -7- IKKW065242.1 9/18/12 rev. 3/23/15 091812 -04706091 CITY OF GILROY DEVELOPER: Meritage Homes Corp. By: ( By: Gabriel A. Gonzalez —' (�S City Administrator Name Date: (� �q�ti Title: Date: APPROCRM: I n, 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. [ATTACH EXHIBIT A - LEGAL DESCRIPTION] [ATTACH CURRENT NOTARY FORM(S)] -8- %KS11065242.1 9118/12 rev. 3/23/15 09181204706091 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Cal' mia ` /� County of A I ' l♦ /i 1/�A On Z Date personally appeared Name(# of Signer(,p who proved to me on the basis of satisfactory evidence to be the person whose namep4 grc ubscribed to the within instrument and acknowledged to me that s executed the same in hl 1er!#hBfF authorized capacity(i�G) and that b'r �rftheir signatur on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. 91911 AI - ca CGMWA ke / 210370/ Nofrr PaOMe • C•WOrM• sent clra Cmary 6I*C=Keftjg15.2019j' Place Notary Seal Above 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 dma i ,l // ature of Notary Pu i 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: Capacitypes) 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: d< ti Signer's Name: ❑ 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 § 1189 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 ink WL) ) On M&C+A 30, 2016 before me, \k-t0f la 1 f%IG Y)s �cllnru Pujj Date �? Here Insert Name and Title of the fffcer personally appeared bo((u Gaafl:f Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(q) 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/thetr signature(a) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VICTORIA ADAMS WITNESS my hand and official seal. commission # 2105949 �jp�, i -i Notary Public - California n I-tQ�/ Lir+(/rW Z Solano County Signature V M Comm. Ex ires Apr 5, 2019 1 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: ?f b er �m rbvu+w.4 A rw Document Date: Number of Pages: Signer() Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑! Corporate Officer — Title(s): 17 Partner — I I Limited ❑ General ❑ Individual ❑I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: I Corporate Officer — Title(s): I Partner — ❑ Limited ❑ General ❑ Individual IJ Attorney in Fact I Trustee ❑ Guardian or Conservator � Other: Signer Is Representing: EXHIBIT A LEGAL DESCRIPTION Real property in the City of Gilroy , County of Santa Clara, State of California, described as follows: PARCEL B AS SHOWN ON THE MAP ENTITLED "TRACT 10267, HEARTLAND ESTATES" FILED FOR RECORD ON JUNE 29, 2015 IN BOOK 884 OF MAPS AT PAGE(S) 25 -31, SANTA CLARA COUNTY RECORDS. APN: 810 -21 -009 (Affects this and other property) =9=16 3:QPM COST SCHEDULE Fees Last Revised January 20GMQDEV ENGINEERINGOEVELOPMENT PROJECTS \FEESTmjecl Cast Schwulm\Tract 10315 H.Mand Estates MM CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 7/112015 ENCOMPASS NO: E1 5t1 Revised: Revision Number DATE: 29JUI -15 Revision By: NUMBER: Revised 3r9=G PROJECT LOCATION: 1590 31750 Hecker Pas Rded PARCEL NUMBER: 510.214098010 OWNER/DEVELOPER: 1ktr0e0e dolor MAILING ADDRESS: 1571 EastMwdt Vfete Avsmr; Sul t.214;- Vowmil h, CA 95557 TELEPHONE NO: (M7) -3S&M7 PREPARED BY: 9Yrh,AaWM.l ChirdelMlpertle Account No. Key Code Fee: Cmdlts: Amount Due: Account Description Paid on Invoice # 100 - 2601 -0000. 3625 4904 $2,288.80 $2,288.80 Special Public Works Sent 100 - 2601 -0000 -3605 4702 $ 134,850.41 $54,727.78 $80,122.63 Eng Plan Check 81nsp 420 - 2600 -0000 - 3660 4501 $6,204.00 $6,204.00 Storm Development Fee 432 - 2600 -0000.3660 3301 $1,644.10 $1,644.10 Str True Development Fee DEFERED TO 4332600 -0000- 3660 4905 $349,140.00 FINAL Traffic Impact Fee DEFERED TO 435 - 2600 -0000- 3660 4509 $381,414.00 FINAL Sewer Development Fee DEFERED TO 436 - 2600 -0000- 3660 4510 $141,702.00 FINAL Water Development Fee DEFERED TO 440- 2600 -0000 -3660 4515 $601,359.00 FINAL Public Facility Fee 720.0433 -0000 -3620 2202 $0.00 $0.00 Const Water Use Fee 801 - 2601 -PWDO -3899 4703 $0.00 $0.00 Reimbursements 801 - 2601 -PWDO -3899 4703 $0:00 $0.00 Other Reimbursements Total $90,259.53 Payment Bond Amount for all improvements $1,530,362 Performance Bond Amount for all improvements $1,530,362 COST SCHEDULE Fees Last Revised January 20GMQDEV ENGINEERINGOEVELOPMENT PROJECTS \FEESTmjecl Cast Schwulm\Tract 10315 H.Mand Estates MM ENCOMPASSNO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: COST SCHEDULE TYPE: DEFER PUBLIC FACILITY FEE? DEFER SEWER, WATER, TRAFFIC FEES 7 CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE ALL PUBLIC FACILITY, SEWER, WATER 8 TRAFFIC FEES ARE DEFERED E1 M2942016 3:42 PM FINAL ENGINEERING COST ESTIMATE ?J PLAN CHECK 7_W INCENTIVE AGREEMENT ONLY? TO PERMIT ?n TO FINAL 7 TO PERMIT 7 TO FINAL 7 NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates In effect at the time Permits are issued. She Information: Reeldentlal-Lav 7 Residential -High? Commercial -Law 7 Commercial -High? InduseWGenerel? Industrisl- Warehouse? Assembly HOP? Gammon Area? Gross Acres: 11.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Lots: Unite: 34 0 0 0 0 0 0 0 Sq Ft: Canmemial/Induelnal Allocations: Sewer GPO. Water GPO: 0 0 Reimbursements and credits: Front Footage/Square Footage Charges Street Tree FF: Water FF. Sewer FF: Storm FF. Carat Water Acres to be Developed: 4,010.0 0.0 OA 0.0 Pavement SF. Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF: 0.0 0.0 0:0 0.0 SPECIAL PUBLIC WORKS SERVICES 100- 2601 -0000 -3625 $2,288.80 Maps: Final Map $1,755.00 + $15.70 / lot Y $2,288.80 Fee ID NO- FINALM Parcel Map $2,035.00 + $830.00 / Id N $0.00 Fee ID NO- PARCELM Re- essessmtaa Map (Assessment District Parcels) $1,110.00 + $630.00 / lot 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. Special Staff Analysis 0 hr Special Analysis $143.44 / hr Iff $0.00 Fee ID N -MISC N $0.00 COST SCHEDULE Fees Last Revised January 20a2A1QOEVENGINEER1NG O011OPMENT PROJECTSIFEESNmject Coal SauduleelTracl 10315 Heartland Estates Nora ENGINEERING PLAN CHECK a INSPECTION 100. 2601 - 0000.3505 COST ESTIMATE $134,850.41 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0.00 At time of Improvement PlartlFinel Map submmal 40% of fee Is due fa Plan Cho*. Remainder 60% due prior to submitted of Final Map for Council approve Additional Plan Review After First Three Submmals or Review of Changes, Additions or Revisions to Approved Plans rC= 0101hr Additional Plan Review $14344 / hr [N1 $0.00 (2 Hour Minimum) Re Inspection Fee =hr Re- Inspection $125.00 / hr. FW1 $0.00 Inspections outside of normal business hours FAO�hr Inspection $475.00 + (Based on total coat 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.Residenbakl -m b.ResklaMlal+egh c.Commemial d.lndustrial e.Assembly Hall Street Tree Fee a.C4 Planting and Replacement $3.06 / f.f. Wnspection and Replacement $0.41 / f f. Traffic Impact Fee a Residential -Lev b.ResidenOel -High c.COmmercial -Lev Traffic (< 10.75 tnps/1000 so d.Commerolel -High Traffic (> =10.75 mps11000 sf) e.industrlal- General Llndustrlal- Warehouse $160.00 / / hr after 3hrs = $ $0.00 COST A ACTUAL ESTIMATE C COST . -_$1 3622) X50.1 $100,000 r rK 1 $12,600.00 V I $ $0.00 $200,000 $ $10,500.00 r Y� $ $0.00 $200,000(Y1 $ $111,750.41 rY� $ $0.00 $1,530,362 $1,530,362 420 - 2600 -00003860 $564.00 / / acra = $ $6,204.00 $866.00 / / acm = $ $0.00 $1,528.00 / / scm � $ $0.00 $1,128.00 / / acre L1 $ $0.00 $564.00 / / acre =Y $ $0.00 432 - 2600 -0000 -3660 3292016 3A2 PM Fee ID NO- GRADINS Fee ID NO- GRADINS Fee ID NO- GRADINS DIFFERENCE ($134,85041) Fee ID NO- PCKINSP Fee ID NOSD-LD Fee ID NO-SD-HD Fee ID NOSD -C Fee ID NOSD -I Fee ID NO -SD -AH Fee ID NO- TREEPLT Fee ID NO- TREEINS Fee ID N6- TRAF -AL Fee ID N7- TRAF -AH Fee ID N3- TRAF -CL Fee ID N3- TRAF -CH Fee ID N4- TRAF -1G Fee ID N4- TRAF -IW $6,204.00 $1,644.10 DEFERRED TO FINAL COST SCHEDULE Fees Last Revised January 2 fha2WQDEVtENGINEERINGZEVFLOPMENT PROJECTWEESIProlect Cost Schedules \Tract 10315 Headland Estates NoM 3262016 3:42 PM Sower Impact Fes 435- 2600 -0000.3060 DEFERRED TO FINAL a.Residantiel -Low $11,558.00 / unit a] $381,414.00 Fee ID NESS -AL b.Resideneel -High $6,254.00 / unit Q $0.00 Fee ID 1%17SS -AH c Commemielllndustnal $3,658.00 / ogpd = $0.00 Fee ID N5SS-CJI Water Impact Fee 436-2600-0000 -3880 DEFERRED TO FINAL s.R"WentleFLOw $4,294.00 / unit H�, $141,702.00 Fee ID N6- WATR -AL b.Resldemlel -High $1,737.00 / unit = $0.00 Fee ID N7- WATR -AH c.CommemlaylndushlM $6,731.00 / kgpd = $000 Fee ID NS- WTRC/1 Public Facilities Impact Fee 440- 2600-0000 -3660 DEFERRED TO FINAL a.Res1demud -Low $18,22100 / unit =Y $801,359.00 Fee ID NB -PF-AL b.Residemlel -High $15,332.00 / unit = $0.00 Fee ID N7 -PF-AH c.COmmemlel $2,746.00 / k.s.f. = $0.00 Fee ID N3 -PFC d Industrial $1,215.00 / k.s.f. = $0.00 Fee ID N4 -PF -I Water User ("(Construction) 720 -0433 -0000 -3620 [Y II $0.00 $3.00 / M. $0.00 Fee 10 NOCONWTFF plus $182.73 / a.c. $0.00 Fee 10 NOCONWTAC FRONT FOOT CHARGES Used to charge and reimburse lees for existing Infrastructure) The Hall Pipe schedule Is used to determine the front footage mimbureement to former developers for infrastructure previously Installed along the from footage of the development. The Full Pipe sdmdule Is used to date. me the overeating reimbursement to the developer for Installing water, serer, and atm., mein extension to atm required by each master plan that are greater than the sizes required by the development. The oversized po"Wn is the dlRerence between the master planned size for the main and the greater of the main stre required by the development er the developer's minimum responsibility for each main. Water 801- 2601 -PWDO -3899 $000 Water Mares - Wduding fie hydrants, valves, valve boxer, and other pertmerl Developer responsibility Is up to a1M it duding 12' mains Half Pipe Lneel Fehteae 6 Inch Main $39 00 / LF x F­N- 0.0' _ $0.00 Fee ID N- WRO6 -12 8 Inch Main $41.00 / LFx FN _ 0.0' _ $0.00 Fee IDN- WROB -12 10 Inch Mein $47.00 / LFx FV OV = $0.00 Fee ID N- WR10 -12 12 mch Mein $52.00 / LF x EN_-- ---U - $0.00 Fee ID N- WR12 -1/2 14 Inch Mein $5700 / LF x [N: O26 - $0.00 Fee ID N- WR14 -12 16 Inch Mein $62.00 / LF x 0.0' _ $0.00 Fee ID N- WR16 -1/2 18 Inch Mein $68.00 / LF x IN _ _ 0.0. _ $0.00 Fee ID N -W R18 -12 20 Inch Mein $76.00 / LFx _ $0.00 Fee ID N- WR18 -02 24 Inch Main $82.00 / LF x O.Oi = $0.00 Fee ID N- WR24.1/2 30 inch Main $91.00 / LF x [N _ OD1 _ $0.00 Fee ID N- WR30.12 36 Inch Mein $106.00 / LF x FN -6o! = $0.00 Fee ID N- WR36.1 /2 COST SCHEDULE Fees Last Revised January 2L;$( '39pEV\ENOINEERING0E4FEL0PMENr PROIECTS\FEESW o)ect Cost bcheduiw\Tract 10315 Heamana Estates WO Front Foot Charges Continued (Used to charge and reimburse fees for existing Infrastructure) sewer 801- 2601 -PWDO -3899 Sewer Maine - Including manhole and other peninencea. Developer responsibility Is up to and Including 12' mains. Half Pipe Lineal Footage 6 Inch Mein $73.00 / LF x LN 0.01 $0.00 Fee ID NSS06 -112 8 Inch Main $75.00 / LF z ODI - $000 Fee ID NSS08 -1/2 10 Inch Mein $81.00 / LF x FN _ .070 = $0.00 Fee ID NSS70 -1/2 12 Inch Main $83.00 / LF x N _ -__ -0 = $0.00 Fee ID NSS12 -1/2 15 Inch Mein $87.00 / LF z FN A.01 - $000 Fee ID NSS15 -1/2 18 Inch Mein $93.00 / LF z N 0.0, = $0.00 Fee ID NSS18 -1/2 21 Inch Main $102.00 / LF x N _ _ .O:Oi = $0.00 Fee ID NSS21 -1/2 24 Inch Main $106.00 / LF x = $0.00 Fee ID NSS24.1/2 27 Inch Mein $122.00 / LF x N 10:1 - $0.00 Fee ID N.SS27.1/2 30 Inch Main $144.00 / LF x N 10.0 = $0.00 Fee ID NSS30.112 33 Inch Mein $158.00 / LF x 'N O 0, = $0.00 Fee 10 NSS33 -M 36 Inch Mein $178.00 / LF x N_ -_ -BOA - $0.00 Fee ID NSS36 -1/2 39 Inch Main $212.00 / LF x (-N D :O1 = $0.00 Fee ID NS539 -112 42 Inch Mein $265.00 / LF x FN 0.0 = $0.00 Fee ID NSS42 -112 SOSat improvement; 801- 2601-FWDO-3899 Pavement. Sidewalks 8 Medians AC/Bike path: base $2.55 / SFx $Guare Fppleoe L,O :C l - $0.00 Fee ID NSTR-ACS AC/Bike path: pvmt $2.50 / SF z 0 = $0.00 Fee ID NSTR -ACP Sidewalk- new $9.75 / SF x N .0.0. = $0.00 Fee ID NSTRSM Sidewalk replace $13.25 / SFx N 0.01 - $0.00 Fee ID NSTRS/WR Reaurfaclng $2.55 / SFx [N _ _ .OAI - $0.00 Fee ID NSTR -RESU Landscaped Median $20.35 / SFx L 0.01 = $0.00 Fee ID NSTR4ANM Hardmped Median $11.63 / SFx N 0.0� = $0.00 Fee ID NSTR -HARD Tmlec Signals fepulmnanl pnlvl Traffic SOW-3 leg $130,200.00 / LS x %of Lump Sum rN 0 %1 = $0.00 Fee ID NSTR -TS3L Traffic SlgnaI4 leg $158,50000 / LS x N - 0 %� = $0.00 Fee ID NSTR -TS4L Curb and Gutter Curb/Gutter. new $25.85 / LF x Lineal Footage I N '0.01 - $0.00 Fee ID NSTR -C /G Curb/GuBec replace $33.40 / LF x L 0.0: = $0.00 Fee ID NSTR -C /GR Curb Ramps $1,057,63 / LF x EN 0.0 = $0.00 Fee ID NSTR -CR 3292016 3:42 PM $0.00 $0.00 COST SCHEDULE Fees Last Revised January 2CCRR10DEV1ENGNEEMNGIDErVELOPMENT PROJECTSWEESWMIW Coat ScWulne Tmd 10315 Heartland Eateles WO Front Foot Charges Continued (Used to charge and namburse fees for e)dsting Infrastructure) Storm Drain 801- 2601 -PWDO -3899 Storm Mains - Including manholes, catch basins and other perthences. Developer responsibility Is up to and Including 24' mains. Hal Pipe Lineal FOhtace 18 Inch Mein $83.00 / LF x C - -0.0, - $0.00 Fee ID NSD18.112 21 Inch Main $69.00 1 UP F N 0.0 = $0.00 Fee ID NSD21 -1/2 24 Inch Mein $70.00 / LFz FN 0.0 _ $0.00 Fee ID NS024 -1/2 27 Inch Mein $82.00 / LF x N 0.0. _ $0.00 Fee ID NSD27 -1/2 30 Inch Mein $89.00 / LFz N _ _OAI - $0.00 Fee ID N.SD3D -1/2 33 Inch Main $91.00 / LFx N 0.01 = $0.00 Fee ID NSD33-1/2 36 Inch Main $95.00 / LFx N .O O = $0.00 Fee ID NSD36.1 /2 42 Inch Main $9900 / LFxN 0:01 = $0.00 Fee ID NSD42 -1/2 48 Inch Mein $117.00 / LF z N - __ .0.01 - $0.00 Fee ID NSD48 -1/2 54 Inch Main $137.00 / LF x rN 0:0'I = $0.00 Fee ID NSD54 -112 60 Inch Main $158.00 / LFx N -00. = $0.00 Fee ID NSDOO -112 66 Inch Mein $179.00 / LF xN 0:0, _ $0.00 Fee ID NSD66 -1/2 72 Inch Main $200.00 / LFx F-N - -O l - $0.00 Fee ID NSD72 -112 78 Inch Main $216.00 1 LFz N 0. 0, = $0.00 Fee ID NSD78 -1/2 84 Inch, Main $231.00 / LFz N .0.0: _ $0.00 Fee ID NSD84 -1/2 90 Inch Mein $246.00 / LF z N 0.0, = $0.00 Fee ID NSD90 -112 96 Inch Main $261.00 / LFxOA': _ $0.00 Fee ID NSD95 -112 NOTE: All deferred andlor estimated fees At be ad)usted to the rates In effect at the time Ones are paid The undersigned agrees to provide actual construction wets for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalwlated fees are less than the estimate, the City of Croy will refund Me difference. Additional pan review required by changes, additions or revelers to approved plans, rmnspec11on8 and Inspections outside of normal business hours will be billed as shown In the City of Glroys most anent comprehessh9 fee schedule at the hourly rates m effect at the time of inspection. I V .4_ Accepted by: Print Name: bole.✓ V Date: 3� ( ( e. 3292018 3'42 PM $0.00 COST SCHEDULE Fees Last Revised January 2000%bE ISIGINEERINGDEF/ELOPMENT PROJECTSWEESIROIect Cast SchaduleaWract 10315 Nearaand Estates NMh OVERSIZING SCHEDULE (Used to lelmburse oversized Infrastructure) Total Oversized Water, Sewer and Stoma Onln Main Relmburasmena Total Oversized Water Main Relmbursamern (Developer Is responsible for up to and Including 12" mains) 3292016 3A2 PM $0.00 $0.00 $0.00 $0.00 COST SCHEDULE Fees Last Revised January 20c;.20 ADEV NGINEERINGtDESELOPMENT PROJECTSIFEE$WMjecl Cost Schedules\Trsd 10315 Heartland Estates North Oversized Minimum 12" mein Oversized Full Pipe S/foot Full Pipe $/foot Oversized Footage Ralmbumement 14 Inch Mein $114.00 - $104.00 x r -- - - - "0.0 - 50.00 1 N] 16 Inch Mein $124.00 - $10400 x X0.0, = 5000 F- 18 Inch Main $135.00 - $104.00 x -_- X0.0 = 50.00 20 Inch Mein $151.00 - $104.00 z F _. - _0.0 - $0.00 FN . 24 Inch Mein $164.00 - $104.00 z rO.OI = $0.00 rN l 30 Inch Mein $182.00 - $104.00 z F 0.0 = $0.00 �NJ 36 Inch Main $211.00 - $104.00 x F-0 a _ $0.00 Total Oversized Sawar Main Reimbursement (Developer Is responsible for up to entl including 12" mains) Oversized Minimum 12" main Oversized Full Pipe $/W Full Pipe $/foot Oversized Footage Reimbursement 15 Inch Mein $174.00 - $166.00 x F--- - - -0.0 = $0.001 NI 18 Inch Mein $186.00 - $166.00 x F-0.0 = $0.00 = 21 Inch Mein $204.00 - $166.00 x ( 0.0 _ $0.00 24 inch Mein $211.00 - $166.00 x BOA - $0.00'r� 27 inch Main $244.00 - $166.00 x r- - -off - $0.00 r N-1 30 inch Main $287.00 - $166.00 x F 0.0 = $0.00 = 33 Inch Main $315.00 - $166.00 x FOA = $0.00 36 Inch Mein $356.00 - $166.00 x E-- -OA = $0.00 [N] 39 inch Mam $423.00 - $166.00 x 0.0 50.00 N 42 inch Main $529.00 - $166.00 x F-0.0 _ $0.00 1 N-1 Total Oversized Storm Drain Main RelmbmrN (Developer Is responsible far up to entl Including 24" mains) Oversized Minimum 24" mein Oversized Full Pipe $/fool Full Pipe $/foot Oversized Footage Reimbursement 27 Inch Main $16400 - $14000 x L _ _ - - :O.D - 30 inch Main $17700 - $140.00 x F-0A6 = $0.00 FNI 33 Inch Main $18100 - $14000 x [ OA = $0.00 = 38 inch Mein $189.00 - $140.00 x F 0, = $0.00 FNI 42 inch Main $197.00 - $140.00 x 1 0.0 = $0.00 FN 48 Inch Mein $233.00 - $140.00 z [-G.0 = $0.00 FN-j 54 inch Main $273.OD - $140.00 z 1 0.6-1 - 50.00 F-N 60 inch Mein $315.00 - $140.00 z ( Q0 _ $0.00 3292016 3A2 PM $0.00 $0.00 $0.00 $0.00 COST SCHEDULE Fees Last Revised January 20c;.20 ADEV NGINEERINGtDESELOPMENT PROJECTSIFEE$WMjecl Cost Schedules\Trsd 10315 Heartland Estates North " . 1.7 - 34192018 3:42 PM Dwrsizmg Schedule Cooenued (Used to reimburse oversized Inhasbucture) Oversized Slam Drain Mein Relmbmm Continued Oversized Minimum 24' mein Oversized Full Pipe $/foot Full Pipe $Kwt Oversized Footage Reimbursement 66 Inch Mein $357.00 - $140.00 x 1— - - - -0.0' _ $0.00 1 N] 72 Inch Mein $399.00 - $140.00 x r 0.01 = $0.00 r 78 Inch Mein $431.00 - $140.00 x r. !0.01 = $0.00 84 Inch Main $461.00 - $140.00 x - $0.00 90 inch Main $492.00 - $140.00 x r- - -OA1 = $0.00 FN] 96 Inch Mein $522.00 - $140.00 x �� - 0 = $0.00 M COST SCHEDULE Fees Last Revised January 202IlW121DE NGINEEMNG\DEWELOPMENT PROJECTS\FEESWiviect Cost Schedubs \Tract 10315 Heeremd Estate North ACDiR� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) r9/28/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(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 endorsemen s . PRODUCER R.K. Gore & Associates Insurance Brokers, L.P. 15901 Red Hill Ave Suite 100 Tustin CA 92780 NAME: Ma ali Melchor, CIC PHONE 714- 505 -7000 FAX 714573 -1770 E411AIL mmelchor@rkgore.com INSURER(S) AFFORDING COVERAGE NAIC A Y INSURERA:LIBERTY MUT FIRE INS CO 23035 1011/2005 INSURED MERIT -3 INSURER B :AIG Specialty Insurance Co 26883 Mentage. Homes Corporation 8800 East Raintree Dr, Ste 300 Scottsdale, AZ 85260 INSURER C: INSURER D INSURER E: $50,000 INSURER F: MED EXP (Any one person) $0 CAVFRArFC CFRTIFIr_ATF NIIMRFR• 9171613000 RFVI_Clntd hl1'II1UIRFR• THIS IS TO-CERTIFY THAT THE POLICIES OF- INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED-NAMED ABOVE FOR THE POLICY' PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR. TYPE OF INSURANCE IN WVD _POLICY..NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y RMGL5749895 1011/2005 10/1/2017 EACH OCCURRENCE $3,000,000 CLAIMS -MADE ❑X OCCUR DPRA MGET E ENT D $50,000 MED EXP (Any one person) $0 PERSONAL & ADV INJURY $3,000;000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY E] JECOT- a LOC PRODUCTS, - COMP /OPAGG $3,000,000..._ $ OTHER: AUTOMOBILE LIABILITY Ea accident BODILY INJURY (Per person) '$ ANYOoAUTO AED SCHEDULED T BU' 8r NON -OWNED HIRED AUTOS AUTOS BODILY INJURY (Per, accident) $ PROPERTY D A Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE _$- EXCESS LIAB DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE W=1434715056 10/1/2016 10/1/2017 X UTUTE OR E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE -'eA EMPLOYEE $1,000,000 (Mandatory Ii NH, If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY. LIMIT $1.000,000 DESCRIPTION OF OPERATIONS'/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) Re: HECKER PASS - HEARTLAND ESTATES II - TR 10315 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. 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* ITH' THE POLICY PROVISIONS. TIVE All rlahtx romarvwd ACORD 25 (2014101) - The ACORD, name and logo:are registered marks of ACORD. POLICY NUMBER: 57498 -95 COMMERCIAL GENERAL LIABILITY CO 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 include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the 'insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products- completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2012 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT" # I This endorsement, effective 12.01 A.M. 1811105 forms a pert of Policy No. 574 -98 -95 issued to Meritage Homes Corportalon by American International Specialty Lines insurance Company ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This ondvrsement modifies;nsurancoprovAYed under the following: GENERAL LIABILITY COVERAGE PART Section 11- Who Is an Insured, of the General Liability Coverage Part, is arntended to add: 0. Any person or organization to whom you become obligated to include as on additional Insured under this pol!cy, as a result of any contract or agreement you eater into which requiros 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 the lesser of: 1. The coverage and /or limits of this policy, or 2. The coverage and /or limits requir ©d by said contract or agreement. AUTHORIZED REPRESENTATIVE OR COUNTERS;GNATURE { IN STATES WHERE REQUIRED )