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PIA No. 2015-06 - Meritage Homes of CaliforniaRECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 23599187 Reg ina Aleomendras Santa Clara County - Clerk- Recorder 03/09/2017 10 :41 AM Titles: 1 Pages: 25 Fees: $102.00 Taxes: 0 Total: $102.00 fill akwam (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2015 -06 Harvest Park Phase II — Tract 10276 APN: 790 -06 -044 Meritage Homes of California, Inc., a California corporation 4- iKKS11065242.1 9/18/12 rev. 3/23/15 091812-04766091 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 -06 This Property Improvement Agreement ( "Agreement ") is made and entered into this lqoh ay of DQC2mbP,r , 2016, by and between the City of Gilroy, a municipal corporation, herein called the "City," and Meritage Homes of California, Inc., 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: Harvest Park Phase II, APN: 790-06 -044, 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 "Improvement Plans for Harvest Park II Tract No. 10276 ". 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 -2- WCS11065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 currently adopted Uniform Building Code. 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 Developer is required to furnish a separate Payment Bond and a Faithful Performance Bond for the Cohansey/Monterey ultimate intersection improvements in an amount not less than two hundred percent (200 %) of the estimated amount of the Cohansey/Monterey ultimate intersection improvements. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of -3- US110652421 9/18/12 rev. 3/23/15 091812 - 04706091 the total estimated amount payable for the improvements described in this Agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in the amount of ten percent (10 %) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one -year maintenance period. The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the 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. To provide City an irrevocable standby letter of credit ( "Letter of Credit ") solely to secure the obligations set forth in Section 6 relating to the Cohansey/Monterey remaining intersection improvements and in addition to the Payment Bond and a Faithful Performance Bond for the intersection improvements, in a form, containing terms, issued by a lending institution, and drawable in a location all reasonably acceptable to City. Requirements of Letter of Credit. The Letter of Credit shall be, among other things: (A) subject to the International Standby Practices 1998, International Chamber of Commerce Publication No. 590; (B) irrevocable and unconditional; (C) in an amount not less than two hundred percent (200 %) of the cost of remaining intersection improvements as determined by the City Engineer, which costs shall include all potential internal and external costs and expenses that may be incurred by the City in the event of failure of the Developer to fully complete said intersection improvements; and (D) conditioned for payment solely -4- WXS1065242.1 9/18/12 rev. 3/23/15 091812. 04708091 upon presentation of the Letter of Credit and a sight draft. (i) Issuing Bank. The Letter of Credit shall be issued by a money- center bank (a bank which accepts deposits, maintains accounts, has a Santa Clara County office which will negotiate a. letter of credit, and whose deposits are insured by the FDIC) reasonably acceptable to City. (ii) Expiration of Letter of Credit. The Letter of Credit shall expire no later than the date approved by the City Engineer. (iii) Draws. City may draw on the Letter of Credit, in whole or in part, from time to time, at City's election in order to pay any sum owing to City, to pay or to compensate City for any expense, loss or damage that City may suffer solely as a result of Developer's failure to complete the remaining Cohansey/Monterey intersection improvements to the ultimate condition (per the approved Tract 10276 improvement plans). It being expressly understood that the Letter of Credit referenced herein is provided solely for securing such obligation to construct such intersection improvements and may not be drawn upon by the City in the event of a default hereunder that is unrelated to such improvements. City may use, apply, or retain the proceeds of the Letter(s) of Credit to the same extent that City could have used, applied, or retained a cash deposit that was provided to the City for security pursuant to California Government Code Section 66499(a)(2). Nothing in this Property shall in any manner limit the remedies otherwise available to City under the Agreement or under applicable law should Developer fail to perform any covenant, agreement, term or condition under this Agreement. Developer and City acknowledge and agree that a failure on the part of Developer to timely complete the remaining Cohansey/Monterey intersection improvements to the ultimate condition solely due to delays by Union Pacific Railroad will not constitute a default under this Agreement, provided that the Letter of Credit referenced herein is appropriately issued and Buyer is not otherwise in default hereunder beyond any applicable notice and cure periods. (iv) Cooperation by Developer. Developer hereby agrees to cooperate, at its expense, with City to promptly execute and deliver to City any and all modifications, amendments, and replacements of the Letter of Credit, as City may reasonably request to carry out the terms and conditions of this Agreement. f. 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. g. 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 -5- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812- 04706091 constructed by Developer pursuant to this Agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this 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. City shall provide written notice of default and allow for a cure period of 90 days. 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 -6- WS11065242.1 9/18/12 rev. 3/23/15 091812- 04706091 the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement. SECTION 6 That the following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer. 1. The Project shall comply with all conditions and applicable mitigation measures as contained in the Tentative Map (TM 13 -06) and Architectural and Site Review (A/S -PUD 13 -26) approvals, City Council Resolutions 2014 -02 and 2014 -03, respectively. 2. The Developer shall perform all work in compliance with the City of Gilroy Specifications Standards Design Criteria and is subject to all laws of the City of Gilroy by reference. 3. Prior to the first building occupancy, the Developer shall pay the annexation fee and complete the annexation application to annex the .median landscaping along Cohansey Avenue (between Monterey Road and Church Street) into the Citywide Landscape Community Facilities District No. 2012 -1 (CFD 2012 -1). Maintenance of the median landscaping shall be funded by CFD 2012 -1. 4. It is the responsibility of the project's homeowners association or other legal entity to maintain the landscaping fronting public streets, except for the Cohansey Avenue median. a. Prior to the issuance of the first building permit or as otherwise determined by the City Engineer, the owner(s) of the site shall enter into a Landscape Installation and Maintenance Agreement with the City for landscaping within the City right -of -way. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land. 5. If new stormwater "Filterra" units are proposed at Monterey Road, these units shall be maintained by the project's homeowners association or other legal entity. 6. Landscape plans shall comply with the latest Model Water Efficient Landscape Ordinance ( MWELO) requirements prior to start of any landscaping work. Developer shall provide the required MWELO certifications and/or pay the MWELO third party review costs. 7. The existing striping on Cohansey Avenue (between Wren Avenue and Nightingale Drive) along the Harvest Park I Development - Tract 9950 shall be re- striped by the Developer prior to first building occupancy and to the satisfaction of the City Engineer to conform to the new Tract 10276 improvements. Restriping pattern for the 48' -wide street shall include two 5' bike lanes with 2' buffers between the bike land and traffic lane, two 10' lanes of travel with a 14' center merge lane. A complete construction schedule, which includes a detailed phasing plan (including traffic control for each proposed phase), shall be submitted for the Offite and Offsite work and approved by the City Engineer/Public Works Director prior to start of construction. Any deviation from the approved construction schedule and phasing plan shall be coordinated with the City Engineer/Public Works Director. Deviating from the approved construction schedule and phasing plan without prior coordination with the City Engineer/Public Works Director may prolong issuance of further building -7- WKS 1065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 permits. a. Upon request by the City Engineer/Public Works Director, the developer shall provide information for public outreach purposes, which may include maps and schedules for each phase of construction. 9. Per Tentative Map (TM 13 -06) Condition Nos. 50 & 51, the Developer is required to design and construct both a bridge on Cohansey Avenue over Llagas Creek and the ultimate intersection improvements (including a traffic signal) at the intersection of Cohansey Avenue and Monterey Road. The completion of both Cohansey Bridge and Cohansey /Monterey ultimate intersection improvements are required prior to the issuance of the 57th and 2& building finals /occupancies, respectively. However, since the project proposes 55 total residential units, the bridge completion will be required prior to the 55h building final/occupancy. In addition, TM 13 -06 Condition No. 99 requires the project to provide secondary access after construction of 30 or more units. a. The Developer shall complete the construction of either the Cohansey Bridge or the Cohansey/Monterey interim/ultimate intersection improvements prior to issuance of the 31 ` building occupancy. b. Prior to start of the Cohansey Bridge construction, the developer shall obtain an encroachment permit from the Santa Clara Valley Water District. c. The Developer shall submit an interim plan for the intersection improvements at Cohansey/Monterey for review and this plan must be approved by the City Engineer prior to the issuance of the first building permit (except for the model homes). This interim plan will reflect the temporary conditions at the intersection prior to the completion by the Union Pacific Railroad of their separate right -of -way work and prior to PG &E pole relocations. i. In anticipation of a delay in the Union Pacific Railroad work and subsequent delay in completing the remaining Cohansey /Monterey intersection improvements to the ultimate condition (per the approved Tract 10276 improvement plans), the City has agreed that Developer may furnish the Letter of Credit referenced in Section 2(e) hereof, prior to the issuance of the 51 ' building permit, in an amount not less than two hundred percent (200 %) of the cost of remaining intersection improvements as determined by the City Engineer, which costs shall include all potential internal and external costs and expenses that maybe incurred by the City in the event of failure of the Developer to fully complete said intersection improvements. City acknowledges and agrees that following Buyer's provision of the Letter of Credit referenced herein, there shall be no building permit or occupancy . limits relating the construction of the Cohansey/Monterey intersection. ii. The bonds and Letter of Credit for the Cohansey /Monterey intersection improvements will be released by the City once the ultimate intersection improvements are completed. Until completion of the ultimate intersection improvements, there will be no reductions in the bonded amount nor any partial releases of the bonds and Letter of Credit. d. If separate bonds are furnished by the Developer for each of the required on -site and off -site improvements, Developer may substitute for each performance bond a separate maintenance bond upon completion of each of the improvements by the Developer and acceptance of the improvements by City. Each maintenance bond shall be 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. e. Cohansey Avenue east of the railroad shall be redesigned to pass by the existing barn to the satisfaction of the City Engineer or the existing barn shall be relocated. The Developer shall -8- 1KKS11g65242.1 9/18/12 rev. 3/23/15 091812 - 04706091 coordinate the bam relocation and associated County permits with the property owner of the existing barn structure as it is located in the unincorporated area of Santa Clara County. f. Prior to start of construction, the Developer shall submit and/or obtain City Engineer approval for the following: i. An updated Geotechnical recommendation letter for the work on Monterey Road. ii. Revised sheets showing any additional changes to the Offsite signing, striping, traffic signal and lighting plans. iii. Plan review fees for additional plan revisions will be assessed based on the most current hourly rate in effect at time of review. g. The Developer shall provide a $60,000 deposit for engineering construction support services related to the Cohansey Bridge prior to issuance of the first building permit. The final amount for the support services will be invoiced to the Developer. h. A pre - construction meeting shall be held at least two weeks prior to start of the Cohansey Bridge and Cohansey /Monterey intersection construction to ensure adequate coordination between City staff and Developer's team, and to discuss existing site conditions which include the presence of fiber optic lines along Monterey Road. 10. Prior to the issuance of the 50'h building permit, the Developer shall provide the City Engineer with a list of outstanding improvements to be installed and mitigation measures to prepare for project close -out. 11. One hard copy and electronic copy of the approved/stamped PG &E Joint Trench Composite Plans shall be submitted to the Engineering Division. Should there be a delay in obtaining the PG&E - approved joint trench plans, the Developer will be allowed to commence joint trench work "at - risk ". The Developer assumes responsibility for any required redesign, and all costs associated with the redesign and additional city review resulting from the at -risk work completed without PG&E - approved joint trench plans. Design revisions and ultimate joint trench construction shall be completed to the satisfaction of the City Engineer. 12. Per Architectural and Site Review (A/S -PUD 13 -26) Condition No. 20, the Developer shall enter into an agreement with the City for the items noted below. This agreement shall be executed prior to the issuance of the 26h building permit. a. Donate $50,000 for the future City park located at the southeast comer of Vickery Avenue and Wren Avenue. If the City determines that the $50,000 donation is not needed to complete park improvements at the site, the funds shall be used for another public amenity as determined appropriate by the City. b. Install one piece of public art along Cohansey Avenue. Design and installation of the public art shall be subject to the review of the City's Public Arts Committee and approval by the City's Arts and Culture Commission. 13. The developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the applicable fees prior to issuance of a grading permit or improvement plan approval. 14. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 15. Schedule the construction of improvements along existing public roads so that the work affecting -9- WXS11065242.1 9/18/12 rev. 3/23/15 091812- 04706091 vehicular traffic is completed with a minimum interruption to traffic. 16. All work within the public right -of -way shall be subject to the approval of the Public Works Director /City Engineer. 17. Before construction utilizing combustible materials may proceed, an all- weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 150 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. 18. All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties. 19. Off-site public improvements shall be installed per the approved Improvement Plans. 20. 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. 21. Before issuance of any building permit, all roadway infrastructures shall be in place and covered with an all- weather road subject to the approval of the City Engineer. 22. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. unless otherwise approved in writing by the City Engineer for general construction activity. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 23. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone number list. 24. No utility boxes are allowed to be constructed in the sidewalk without prior written approval by the City Engineer. 25, At least one week prior to commencement of work, the developer shall post the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 26. If the developer proposes to phase construction with building occupancy, the developer shall create, for City Engineer approval prior to first occupancy, a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area separate -10- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812- 04706091 from occupied residential units. 27. Any damage resulting from project construction operations to existing city streets on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full expense of the developer /contractor. This shall include slurry seal, overlay, or street reconstruction if reasonably deemed warranted by the City Engineer. 28. The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments, which was adopted on August 4, 2014 to meet the requirements imposed by the State of California's Water Board. This Ordinance established permanent voluntary water saving measures and temporary water conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. 29. This project is subject to post - construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code. Post - construction treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and /or improvement plan approval. a. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of any building permit requiring stormwater management BMPs or as otherwise determined by the City Engineer, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City - standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City - approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be -11- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 included with the approved Stormwater Runoff Management Plan. b. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1) Site address; 2) Date and time of inspection; 3) Name of the person conducting the inspection; 4) List of stormwater facilities inspected; 5) Condition of each stormwater facility inspected; 6) Description of any needed maintenance or repairs; and 7) As applicable, the need for site re- inspection. c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October I' for the Fall report, and no later than March 15'h of the following year for the Winter report. 30. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. Location of monuments shall be tied out prior to work. 31. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Comer Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771 at the developer's sole expense. 32. 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 -12- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812-04706091 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. a. The Developer shall be reimbursed for the following traffic improvements. The reimbursement amounts are subject to change as the costs for the improvements originally identified in the Traffic Impact Fee (TIF) report of 2009 are under review. Any applicable adjustments to the TIF reimbursement costs will be applied according to city policy. i. Cohansey at Llagas Creek Bridge is estimated to cost $3,665,199.00. The current reimbursement amount for this bridge is $1,606,448.00 per the current TIF budget. Trail improvements, retaining walls and associated improvements (with an estimated cost of $180,000) may be included for reimbursement as allowable under the TIF and according to city policy. ii. Cohansey /Church to Monterey segment has an estimated reimbursement cost of $341,424.00 per the current TIF budget. Additional costs for the Cohansey median construction (with an estimated cost of $260,000) may be included for reimbursement as allowable under the TIF and according to city policy. iii. Cohansey/Monterey intersection has an estimated reimbursement cost of $773,188.00 per the current TIF budget. The pole relocation to accommodate intersection improvements (with an estimated cost of $120,000) may be included for reimbursement as allowable under the TIF and according to city policy. iv. Miscellaneous design, permit and review fees (with an estimated cost of $150,000) may be included for reimbursement as allowable under the TIF and according to city policy. -13- WS 1065242.1 9/18/12 rev. 3/23/15 091812 - 04106091 SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $ 2,364,086.71 CITY OF GILROY DEVELOPER: By: Gabrie onzalez City Administrator Date: ATTEST:/ `^ Freels, City APPROVED AS T ORM: City Attorney Meritage Homes of California, Inc., a California corporati By: Name: �� ©NN i3fh�� li4�2 T Title: V? O PS Date: —10/1 q 12-011,3 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] -14- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812- 04706091 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 Sex C I a r- Q ) On bece Mbt V- l°1, 1-o 1 b before me, S ct nJf-a !&. N tXVA , N a't'ary P"k t C , Date Here Insert Name and Title of the bfficer personally appeared %a b r .t e- Cro n7_G \,P Z Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person) whose name is /orli subscribed to the within instrument and acknowledged to me that he /! !We /t* executed the same in his /h,dr /thpe authorized capacityW, and that by his /F)cdr /ttpWsignaturekd) on the instrument the persona, or the entity upon behalf of which the persono) 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. SANORA E. NAPA WITNESS my hand and official seal. C..... #► 2086119 i Notary Public - California ounl rnia z Santa Clara Coumy ' Signature Cam• Nov 11 2018 + 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�Ak Title or Type of Document: P(o,e�A-y Imprr.emeni Nc,� Document Date: Decennbtr 11, I(e Number of Pages: 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: L4`.4(✓4�✓4 y4(✓, 4�✓ �4�. 4'✓ 4��✓ 4�4�4�4'✓ ��: 4'✓ 4\ �! 4�. 4��4�G�4�4� ',4�.4�':4�.4�:�.4�., � ✓r ✓i ✓i ✓i ✓ i ✓� ✓ � ✓ 4�`% �..�..�'..�',.�',: x.4\:4' ✓4�..�.�'.4�,ti4�.4 \�4 \�' CALIFORNIA • e . • c..�c 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 _SK)kAnp On C[: b&' 10� } %l ( before me, A 51 Ur' a'Ul T al ri , Date t ` n Here Insert Name and Title of a Officer personally appeared v �Y�1�1 A - �( t- i �1- + 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. to TORIA ADAMS Notary Public - California = solano County Commission # 2105949 M Comm. Expires Apr 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. AAA Signature 941Z Signature of tary 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: ❑ 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: L� L�✓, L�✓, Lam✓, L�L�✓, L�✓G�. Lam. L�✓, L�✓, L�✓, Lam. Lam. L� L�✓, :�� L� ✓,L'eiG�✓L�✓L�✓, L •• ✓L�✓L�✓,L�✓, L' ✓L_ ✓i'JL' ✓i'. Q r • • • • • • • • i i i • • i ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: Account No. Key Code 100 - 2601 -0000 -3625 4904 100 - 2601 -0000 -3605 4702 420 - 2600 -0000 -3660 432 - 2600 -0000 -3660 433- 2600 -0000 -3660 435- 2600 -0000 -3660 436 - 2600 -0000 -3660 440- 2600 -0000 -3660 720 -0433-0000 -3620 801 - 2601 -PWDO -3899 801 - 2601 -PWDO -3899 Cohansey Bridge Onsite (In Tract) Offsite ( Cohansey/ Monterey Intersection) Letter of Credit (if necessary at 51st building permit) 4501 3301 4905 4509 4510 4515 2202 4703 4703 CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 7/1/2016 E1 114090013 12- Oct -16 Revised: Revision Number. Revision By: 10/19/2016 11:23 AM Monterey St. & Cohansey Performance Amount for all 790- 06.029 & 790-06 -030 improvements all improvements Meritage Homes $ 3,665,199.00 $ 5,884,640.41 1671 East Mone Vista Avenue $ 2,699,239.28 $ 2,699,239.28 707- 359 -2054 MCervantestMAngeles Fee: Credits: Amount Due: Account Description: Paid on Invoice # $2,854.00 $2,854.00 Special Public Works Sery $613,977.84 $150,180.42 $463,797.42 Eng Plan Check & Insp $15,062.00 $15,062.00 Storm Development Fee $233.29 $233.29 Str Tree Development Fee $503,538.00 $503,538.00 Traffic Impact Fee DEF' $370,728.00 $370,728.00 Sewer Development Fee DEF• $99,009.00 $99,009.00 Water Development Fee DEF' $908,865.00 $908,865.00 Public Facility Fee DEF" $0.00 $0.00 Const Water Use Fee $0.00 $0.00 Reimbursements $0.00 $0.00 Other Reimbursements Total $2,364,086.71 Payment Bond Performance Amount for all Bond Amount for improvements all improvements $ 3,665,199.00 $ 3,665,199.00 $ 5,884,640.41 $ 5,884,640.41 $ 2,699,239.28 $ 2,699,239.28 (200% of cost of remaining Cohansey /Monterey Intersection Improvements) DEF' = Deferred to Building Permit/Final E 10/19/2016 11:23 AM Common Area? Commercial /Industrial Allocations: Reimbursements and credits: Front Footage /Square Footage Charges Street Tree FF: 569.0 Pavement SF: 0.0 SPECIAL PUBLIC WORKS SERVICES Maps: Final Map $1,755.00 + Parcel Map $2,035.00 + Re- assessment Map (Assessment District Parcels) $1,710.00 + 0.000 Sewer GPD: 0 Water GPD: 0 Sq Ft: 0 0 0 0 0 0 Water FF: CITY OF GILROY FINAL ENGINEERING COMMUNITY DEVELOPMENT DEPARTMENT COST SCHEDULE TYPE: ENGINEERING DIVISION PLAN CHECK ? N COST ESTIMATE ENCOMPASS NO: E1 114090013 DATE: 12- Oct -2016 NUMBER: Harvest Park II PROJECT LOCATION: Monterey St. & Cohansey PARCEL NUMBER: 790 -06 -029 & 790 -06 -030 OWNER /DEVELOPER: Meritage Homes MAILING ADDRESS: 1671 East Mone Vista Avenue TELEPHONE NO: 707- 359 -2054 PREPARED BY: MCervantes /MAngeles Common Area? Commercial /Industrial Allocations: Reimbursements and credits: Front Footage /Square Footage Charges Street Tree FF: 569.0 Pavement SF: 0.0 SPECIAL PUBLIC WORKS SERVICES Maps: Final Map $1,755.00 + Parcel Map $2,035.00 + Re- assessment Map (Assessment District Parcels) $1,710.00 + 0.000 Sewer GPD: 0 Water GPD: 0 Sq Ft: 0 0 0 0 0 0 Water FF: Sewer FF: FINAL ENGINEERING Const Water Acres to be Developed. COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK ? N INCENTIVE AGREEMENT ONLY ? N PUBLIC FACILITY FEE ? Sidewalk SF: Curb /Gutter FF: TO PERMIT ? N TO FINAL ? N (DEFER DEFER SEWER, WATER, TRAFFIC FEES? 0.0 0.0 TO PERMIT ? N TO FINAL ? N NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect at the time permits are issued. Site Information: Gross Acres: Lots: Units: Residential -Low ? 0.000 0 0 Residential -High ? 17.000 70 57 Commercial -Low ? 0.000 0 Fee ID N- ASSESM Commercial -High ? 0.000 0 Industrial - General ? 0.000 0 Industrial - Warehouse ? 0.000 0 Assembly Hall? 0.000 0 Common Area? Commercial /Industrial Allocations: Reimbursements and credits: Front Footage /Square Footage Charges Street Tree FF: 569.0 Pavement SF: 0.0 SPECIAL PUBLIC WORKS SERVICES Maps: Final Map $1,755.00 + Parcel Map $2,035.00 + Re- assessment Map (Assessment District Parcels) $1,710.00 + 0.000 Sewer GPD: 0 Water GPD: 0 Sq Ft: 0 0 0 0 0 0 Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed. 0.0 0.0 0.0 0.000 Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF: 0.0 0.0 0.0 0.0 100 - 2601 -0000 -3625 $2,854.00 $15.70 lot Y $2,854.00 Fee ID NO- FINALM $630.00 lot N $0.00 Fee ID NO- PARCELM $630.00 lot N $0.00 Fee ID N- ASSESM Administration Fees: (Cost Schedules. Agreements, R!W Reviews and Other Misc. Services) 0 hr Misc Services $185.00 hr Special Staff Analysis 0 hr Special Analysis $143.44 / hr 2 Y $0.00 Fee ID N -MISC N $0.00 10/1912016 11:23 AM ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 -0000 -3605 COST ESTIMATE $613,977.84 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 hr Additional Plan ,Review $143.44 / hr. I ,�,I $0.00 (2 Hour Minimum) Re- Inspection Fee - Oj hr Re- Inspection $125.00 / hr. $0.00 Inspections outside of normal business hours 0 hr Inspection $475.00 + (Based on total cost of improvements) Estimated Cost of Improvements 12.6% $0 10.5% $700,000 8.4% over Payment Bond Amount for all improvements Performance Bond Amount for all improvements IMPACT FEES Storm Drain Impact Fee a.Residentlal -Low b.Residential -High c.Commercial d.industrial e.Assembiy Hall Street Tree Fee a.Clty Planting and Replacement $3.06 / f.f. x b. Inspection and Replacement $0.41 / f.f. x Traffic Impact Fee a.Residential -Low b.Residenbal -High c.Commercial -Low Traffic (< 10.75 fiips/1000 sf) d.Commercial -High Traffic (> =10.75 trips11000 sf) e.lndustdal- General f.lndustrial- Warehouse $160.00 / hr. after 3hrs Y $0.00 COST ACTUAL ESTIMATE COST_ _ . $7;234,260 $0 $100,000 Y $12,600.00 1 Y j $0.00 $200,000Y1 $10,500.00 Y1i $0.00 $200,000= $590,877.84 Y $0.00 $7,234,260 $7,234,260 420- 2600 -0000 -3660 $564.00 / acre Y $0.00 $886.00 / acre Y� $15,062.00 $1,528.00 / acre Y $0.00 $1,121100 / acre Y $0.00 $564.00 / acre Y $0.00 432 - 2600 -0000 -3660 Y 0.0 = $0.00 "Y 569.0 = $233.29 433 - 2600-0000 -3660 $10,897.00 / unit Y $0.00 $8,834.00 / unit Y $503,538.00 $12,057.00 / k.s.f. i Y $0.00 $24,356.00 / k.s.f. Y $0.00 $4,778.00 / ks.f. Y $0.00 $3,463.00 / k.s.f. 1 Y 1 $0.00 41 Fee ID NO- GRADINS Fee ID NO- GRADINS Fee ID NO- GRADINS DIFFERENCE ($613,977.84) Fee ID NO- PCKINSP Fee ID NOSD-LD Fee ID NO -SD -HD Fee ID NOSD -C Fee ID NOSD -I Fee 1D NOSD-AH Fee ID NO- TREEPLT Fee ID NO- TREEINS 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 $15,062.00 $233.29 $503,538.00 10/19/2016 11:23 AM Sewer Impact Fee Lineal Footace 435- 2600 -0000 -3660 Water Mains $370,728.00 a.Residenbal -Low $12,020.00 / unit $0.00 Fee ID N1 -SS-LD Half Pipe b.Residential -High $6,504.00 / unit � $370,728.00 Fee ID N2 -SS -HD 8 inch c.Commercial/lndustrial $3,804.00 / cgpd { Y L $0.00 Fee ID N5- SS -C/1 $47.00 / LF x Water Impact Fee Main 436- 2600-0000 -3660 / . LF x 14 inch $99,009.00 a.Residential -Low $4,294.00 / unit Y $0.00 Fee ID N1- WATR -LD / LF x b.Residential -High $1,737.00 / unit LY $99,009.00 Fee ID N2- WATR -HD Main c.Commerciallindustrial $6,731.00 / kgpd Y I. $0.00 Fee ID NSWTR -C /I / LF x Public Facilities Impact Fee Main 440- 2600-0000 -3660_ / LF x 36 inch $908,865.00 a.Residential -0ow $18,952.00 / unit =Y 1 $0.00 Fee ID N1 -PF -LD b.Residential -High $15,945.00 / unit 7V-1 j $908,865.00 fee ID N2 -PF-HD c.Commercial $2,856.00 / k.s.f. Y $0.00 Fee ID N3 -PF -C d.lndustrial $1,264.00 / k.s.f. Y $0.00 Fee ID N4 -PF -I Water User Fee (Construction) 720- 0433-0000 -3620 [Y, $0.00 $3.00 / f.f. $0.00 Fee ID NO- CONWTFF plus $182.73 / a.c. $0.00 Fee ID NO- CONWTAC FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure) The Half Pipe schedule is used to determine the front footage reimbursement to former developers for infrastructure previously installed along the front footage of the development. The Full Pipe schedule is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main extensions to sizes required by each master plan that are greater than the sizes required by the development. The oversized portion is the difference between the master planned size for the main and the greater of the main size required by the development or the developer's minimum responsibility for each main. Water Lineal Footace Water Mains - including fire hydrants, valves, valve boxes and otherpertinences. Developer responsibility is up to and including 12" mains N --'0;01 $0.00 Half Pipe N 6 inch Main $39.00 / LF x 8 inch Main $41.00 / LF x 10 inch Main $47.00 / LF x 12 inch Main $52.00 / . LF x 14 inch Main $57.00 / LF x 16 inch Main $62.00 / LF x 18 Inch Main $68.00 / LF x 20 inch Main $76.00 / LF x 24 inch Main $82.00 / LF x 30 inch Main $91.00 / LF x 36 inch Main $106.00 / LF x 801- 2601- PWDO.3899 4 $0.00 Lineal Footace N 0 = $0.00 Fee ID N- WR06-1/2 N --'0;01 $0.00 Fee ID N- WRO8 -1/2 N 0.0! $0.00 Fee ID N- WR10 -1/2 i :N 001 = $0.00 Fee ID N- WR12 -1/2 $0.00 Fee ID N- WR14 -1/2 N 0.01 = $0.00 Fee ID N- WR16 -1/2 i 'N _ $0.00 Fee ID N- WR18 -1/2 1 N. �. --0.01 = $0.00 Fee ID N- WR18 -1/2 $0.00 Fee ID N- WR24 -1/2 N 0b0 _ $0.00 Fee ID N- WR30 -1/2 N 0.0 = $0.00 Fee ID N- WR36.1/2 4 $0.00 Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Sewer 801- 2601 -PWDO -3899 Sewer Mains - including manhole and other pertinences. Developer responsibility is up to and including 12" mains. Half Pipe Lineal Footage 6 inch Main $73.00 / LF x N 0.0 = $0.00 Fee ID 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 N- SS12 -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 $106.00 / 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 N- SS27 -1/2 30 inch Main $144.00 / LF x N 0.0 = $0.00 Fee ID N- SS30 -1/2 33 inch Main $158.00 / LF x N 0.0 = $0.00 Fee ID N- SS33 -1/2 36 inch Main $178.00 / LF x N 0.0 = $0.00 Fee ID NSS36 -1/2 39 inch Main $212.00 / LF x N 0.0 = $0.00 Fee ID N- SS39 -1/2 42 inch Main $265.00 / LF x N 0.0 = $0.00 Fee ID N- SS42 -1/2 Street Improvements 801- 2601 -PWDO -3899 Pavement. Sidewalks & Medians Square 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 N-STRS/W Sidewalk: replace $13.25 / SF x N 0.0 = $0.00 Fee ID NSTR -S/WR Resurfacing $2.55 / SF x N 0.0 = $0.00 Fee ID NSTR -RESU Landscaped Median $20.35 / SF x N 0.0 = $0.00 Fee ID NSTR -LANM Hardscaped Median $11.63 / SF x N 0.0 = $0.00 Fee ID NSTR -HARD Traffic Signals (equipment only) % of Lump Sum Traffic Signal -3 leg $130,200.00 / LS x N 0% = $0.00 Fee ID N- STR -TS3L Traffic Signal -4 leg $158,500.00 / LS x N 0% = $0.00 Fee ID NSTR -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 NSTR -CR 5 10119/2016 11:23 AM $0.00 $0.00 IW18=16 4:24 PM Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) - Storm Drain 801 - 2601- PWDO.3899 Storm Mains - wWLWC manholes, catch basins and other pertinences. Developer nesporisibilily is up to and kictu g 24' mains. Half Pipe Lmeaffcotaae 18 htCh Main 563.00 / LFx N - '- 0.0: - $0.00 Fee ID N- SO18 -12 21 Inch Main 569.00 I LFx = SD.00 Fee IDNSD211/2 24 inch Main $70.0 / LFx !N 0.0 = $0.00 Fee ID N- SD2412 27 inch Main $82.00 / LF x ; ,N - 0.0 = $0.00 Fee ID N- 6071 -12 30 Inch Main 589.00 / LFx -fJ 6:07 - $0.00 Fee ID N- 6030 -12 33 inch Main 591.00 / LFx $0.00 Fee ID N-SD33 -12 36 inch Main 595.00 / LF x iN _ .. Ob, - $0.00 Fee ID N- SD36.12 42 Inch Main S99A0 / LFx ��N , _ 0.0' - $0.00 Fee ID N- SD42 -1/2 48 Inch Main $117.00 / LFx wN -'- OA' - $0.00 Fee ID N- SD48 -12 54 Inch 'Main $137.00 / LFx 'Pl -0.0' = $0.00 Fee ID N- SD54.12 60 inch Main 5158.00 / LFx - - :0.0: = $0.00 Fee ID N- SD60.12 66 inch Main $179.00 / LFx , i N _ O:0 = $0.00 Fee ID N.SD68.12 72 inch Mein $=.00 / LFx j N - - OA = $0.00 Fee ID NSD72 -12 78 inch Main 5216.00 / LFx N _ D.O. - $0.00 Fee ID NSO78.1/2 64 hroh Mein 5231.00 / LFx ' N - -- :0.0 = $0.00 Fee ID NS084 -12 90 huff Main $246.00 / LFx (N _ =0.0: = SO.00 Fee ID NSD90-1/2 96 inch Mein $261.00 / LFx j ,N' 0:0' $0.00 Fee tD N- 6D96.12 NOTE: A0 deferred and/or estimated fees will be adjusted to the rates in effad at the time fees are paid. The undersigned sprees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are Was than the estimate. the City of Gilroy will refund the diBerence. Add*" plan review required by changes, additions or revisions to appro fans, minspediam; and inspections outside of normal bushes howl will be billed as shown in the City of Giiroft mosj oompmhe ire fr sdtedule at a hourly rates in etfed at the time of inspection• // / r' " I I Pm Nsme c0 HA ed g t J t�49 -r V P Q rJ s Date: %D // g1V016 -f 6 50:00 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 N 18 inch Main $135.00 $104.00 x 0.0 = $0.00 N 20 inch Main $151.00 $104.00 x 0.0 = $0.00 N 24 inch Main $164.00 $104.00 x 0.0 = $0.00 N 30 inch Main $182.00 $104.00 x 0.0 = $0.00 N 36 inch Main $211.00 $104.00 x 0.0 = $0.00 N Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains) Oversized Minimum 12" main Oversized Full Pipe $ /foot Full Pipe $/foot Oversized Footage Reimbursement 15 inch Main $174.00 $166.00 x 0.0 = $0.00 N 18 inch Main $186.00 $166.00 x 0.0 = $0.00 N 21 inch Main $204.00 $166.00 x 0.0 = $0.00 N 24 inch Main $211.00 $166.00 x 0.0 = $0.00 N 27 inch Main $244.00 $166.00 x 0.0 = $0.00 N 30 inch Main $287.00 $166.00 x 0.0 = $0.00 N 33 inch Main $315.00 $166.00 x 0.0 = $0.00 N 36 inch Main $356.00 $166.00 x 0.0 = $0.00 N 39 inch Main $423.00 $166.00 x 0.0 = $0.00 N 42 Inch Main $529.00 $166.00 x 0.0 = $0.00 N Total Oversized Storm Drain Main Reimbmnt (Developer is responsible for up to and including 24" mains) Oversized Minimum 24" main Oversized Full Pipe $ /foot Full Pipe $/foot Oversized Footage Reimbursement 27 inch Main $164.00 $1407 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 7 10/19/2016 11:23 AM $0.00 $0.00 $0.00 $0.00 10/19/2016 11:23 AM Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storm Drain Main Reimbmrit Continued Oversized Minimum 24" main Oversized Full Pipe $ /foot Full Pipe $/foot Oversized Footage Reimbursement 66 inch Main $357.00 $140.00 x 7 0:01 _ $0.001 72 inch Main $399.00 $140.00 x 0.0 _ $0.00 i N 78 inch Main $431.00 $140.00 x Of Or = $0.001 84 inch Main $461.00 $140.00 x _ 0.0; _ $0.00 1 90 inch Main $492.00 $140.00 x ' 0 '_ $0.00 1 96 inch Main $522.00 $140.00 x �— 0 0 = $0.00 ii R] 8 EXHIBIT A Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: Lots 1 through 55 inclusive, and Lot 57 and Parcels A through M inclusive, as shown upon the Map of Tract No. 10276, Harvest Park II, filed for Record on October 26th, 2016 in Book 898 of Maps at Pages 17 through 24 inclusive, Santa Clara County Records. M ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 9/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Gore Lieske & Associates Insurance Brokers, LP 15901 Red Hill Ave Suite 100 Tustin CA 92780 CONTACT NAME: Tyler Lund PHONE 714- 505 -7000 FAX, No : 7l4- 573 -1770 E-MAIL ADDRESS: tlund@gorelieske.com INSURERS AFFORDING COVERAGE NAIC # 10/1/2005 INSURER A: LIBERTY MUT FIRE INS CO 23035 $ 2,000,000 INSURED MERIT-3 Meritage Homes Corporation 8800 East Raintree Dr, Ste 300 INSURERS: AIG Specialty Insurance Co 26883 INSURER C MED EXP (Any one person) INSURER D Scottsdale, AZ 85260 INSURER E: $ 2,000,000 GEN'L INSURER F : GENERAL AGGREGATE $ 2,000,000 COVERAGES CERTIFICATE NUMBER: 1650834508 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y RMGL5749895 10/1/2005 10/1/2019 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a JECOT- LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS AS6 -Z91- 434715 -038 10/1/2018 10/1/2019 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB CLAIMS -MADE EACH OCCURRENCE $ HOCCUR AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) H es, describe under DESCRIPTION OF OPERATIONS below N/A WC2 -Z91 -434715 -058 10/1/2018 10/112019 X PER OTH- STATUTE I I ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Harvest Park The City of Gilroy, it's officers, officials and employees are named as additional insured on the General Liability per attached as required by written contract subject to the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Gilroy 7351 Rosanna Street AUTHORIZED REPRESENTATIVE 0� Gilroy CA 95020 ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 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 govemmental 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 0 � CG 20 12 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 wP: =, . ACORl�® CERTIFICATE OF LIABILITY INSURANCE DATE 9 /27/2D/YYYY) 9/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Gore Lieske & Associates Insurance Brokers, L.P. 15901 Red Hill Ave Suite 100 Tustin CA 92780 NAME: CONTACT Tyler Lund PHONE 714- 505 -7000 a/c Noll: 7l4- 573 -1770 E-MAIL ADDRESS: tiund@gorelieske.com INSURERS AFFORDING COVERAGE NAIC # Y INSURER A: LIBERTY MUT FIRE INS CO 11748 1/12018 INSURED MERIT-3 Meritage Homes Corporation 8800 East Raintree Dr, Ste 300 INSURER B: Underwriters at Lloyds 15792 INSURER C CLAIMS -MADE a OCCUR INSURER D Scottsdale, AZ 85260 INSURER E: INSURER F: $ N/A COVERAGES CERTIFICATE NUMBER: 1851824789 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MPOLICY NYYY MMI POLICY IYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y B0595XN5506018 1/12018 1/1/2021 EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE a OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ N/A MED EXP (Any one person) $ N/A PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY PRO ❑ LOC JECT X PRODUCTS - COMP /OP AGG $ 5,000,000 $ OTHER: A AUTOMOBILE LIABILITY AS6 -Z91- 434715 -038 10/1/2018 10/12019 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED AUTOS NON -OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A WORKERS COMPENSATION -AND EMFLCYERS' LIABILITY "' -7f / N WC2- Z91- 434715 -058 10/1/2018 10/12019 X STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE9 $1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Harvest Park The City of Gilroy, it's officers, officials and employees are named as additional insured on the General Liability per attached as required by written contract subject to the terms and conditions of the policy. CERTIFICATE HOLDER GANGELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Gilroy 7351 Rosanna Street AUTHORIZED REPRESENTATIVE Gilroy CA 95020 //- ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 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 cgovemmental 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 111 - 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 �gr CG 20 12 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 y I ;,! V.! ) : ACORO0 EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DATE (MM /DD/YYYY) YES 9/27/2018 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRODUCER NAME, PHONE CONTACT PERSON AND ADDRESS A/C No Ext : 714- 505 -7000 COMPANY NAME AND ADDRESS NAIC NO: 10641 Gore Lieske & Associates Insurance Brokers, LP ENDURANCE AMER INS CO 15901 Red Hill Ave Suite 100 4 MANHATTANVILLE ROAD, Tustin CA 92780 DE 10577 IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH FAX : 714 - 573 -1770 ADDRESS: tlund @gorelieske.com CODE: SUB CODE: POLICY TYPE Commercial Package Builders Risk / Property) g ( AGENCY CUSTOMER ID #: p y) NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER Meritage Homes Corporation IS DOMESTIC TERRORISM EXCLUDED? 8800 East Raintree Dr, Ste 300 X IMP100078607 -03 EFFECTIVE DATE EXPIRATION DATE Scottsdale, AZ 85260 If YES, LIMIT: 15,000 DED: FUNGUS EXCLUSION (If "YES ", specify organization's form used) CONTINUED UNTIL X 10/01/2018 10/01/2019 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: rKUP'r- c I T IrvrurcMA I Icon use KLMAKKS on page 1, It mores ace Is re ulrea) u BUILDING OR L_J BUSINESS PERSONAL PROPERTY LOCATION / DESCRIPTION RE: Harvest Park THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /`/1VCQA/ =C IAICn0UATIf%K1 nnnii c, lKini inrn I I nAn.l I I AM ( I All o:..i. 1..,.1 C1__A o r7n COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 30,000,000 DED:25,000 MORTGAGEE LENDERS LOSS PAYABLE YES NO N/A ❑x BUSINESS INCOME ❑ RENTAL VALUE X City of Gilroy If YES, LIMIT:1,110,500 X Actual Loss Sustained; # of months: 12 BLANKET COVERAGE X If YES, indicate value(s) reported on property identified above: $ TERRORISM COVERAGE X Attach Disclosure Notice / DEC IS THERE A TERRORISM - SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? X LIMITED FUNGUS COVERAGE X If YES, LIMIT: 15,000 DED: FUNGUS EXCLUSION (If "YES ", specify organization's form used) X REPLACEMENT COST X AGREED VALUE X COINSURANCE X If YES, % EQUIPMENT BREAKDOWN (If Applicable) X If YES, LIMIT:Included DED:25,000 ORDINANCE OR LAW - Coverage for loss to undarnaged portion of bldg X If YES, LIMIT:Covered DED: - Demolition Costs X If YES, LIMIT:2,500,000 DED: - Incr. Cost of Construction X If YES, LIMIT:INCL DED: EARTH MOVEMENT (If Applicable) X If YES, LIMIT: 10,000,000 DED: See Remarks FLOOD (If Applicable) X If YES, LIMIT: 10,000,000 DED:See Remarks WIND / HAIL INCL ❑X YES ❑ NO Subject to Different Provisions: X If YES, LIMIT:Included DED:250,000 NAMED STORM INCL FL] YES ❑ NO Subject to Different Provisions: X If YES, LIMIT: 30,000,000 DED: See Remarks PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS X CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AnnIT1nN01 INTFRFST Page 1 of 2 © 2003 -2014 ACORD CORPORATION. All rights reserved. ACORD 28 (2014/01) The ACORD name and logo are registered marks of ACORD MORTGAGEE LENDERS LOSS PAYABLE CONTRACT OF SALE Loss Payee LENDER SERVICING AGENT NAME AND ADDRESS X NAME AND ADDRESS City of Gilroy AUTHORIZED REPRESENTATIVE 7351 Rosanna Street Gilroy CA 95020 Page 1 of 2 © 2003 -2014 ACORD CORPORATION. All rights reserved. ACORD 28 (2014/01) The ACORD name and logo are registered marks of ACORD wILMN%,r- Ur t..vmnRr_K% SAL 1'KU1 r_ C i r MbUKAnLt MtmAKr%b - rncivarng speciai uonaitions (use only it more space is requirea) Special Conditions: Coverage Summary Property /Builders Risk/Mobile Equipment. Builders Risk includes property under construction, inventory, model homes and their contents and sales trailers and their contents. This policy insures against risks of direct physical loss or damage, including Earthquake, Flood and Wind, subject to policy terms and conditions. $30,000,000 per occurrence. Flood & EQ subject to $10,000,000 sublimit. Corporate Locations: Subject to scheduled values per location as outlined in SOV on file with carrier Deductible: $25,000 Per Occurrence - all covered perils EXCEPT: Earthquake: 5% of the actual value per unit of insurance at the time of loss at locations within California, parts of Nevada and ISO Zone 1, subject to a minimum of $250,000 per occurrence. 2% of the actual value per unit of insurance at the time of loss at locations within all other states (ISO Zone 2) subject to a minimum of $250,000 per occurrence. Flood: 5% of the actual value per unit of insurance at the time of loss at locations wholly or partly within Special Flood Hazard Areas (SFHA); Flood Zone A & V, areas of 100 year flood zones as defined by FEMA, subject to a $500,000 Minimum. Special Flood Endorsement applies. All other Flood zones subject to $25,000 deductible. Named Wind Storm: 5% of the actual value per unit of insurance at the time of loss at locations wholly or partly within Florida, subject to a minimum of $250,000 per occurrence. 5% of the actual value per unit of insurance at the time of loss at locations in Tier One counties and Houston area, subject to a minimum of $250,000 per occurrence. All Other, subject to $25,000 deductible. City of Gilroy is included as Loss Payee as respects referenced Builders Risk coverage. ACORD 28 (2014/01) Page 2 of 2 ACODATE Ra EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DATDIYYYY) YES 9 /27/2 9/27/2018 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRODUCER NAME, PHONE 714_505 -7000 CONTACT PERSON AND ADDRESS COMPANY NAME AND ADDRESS NAIC NO: 10641 Gore Lieske & Associates Insurance Brokers, LP ENDURANCE AMER INS CO 15901 Red Hill Ave Suite 100 4 MANHATTANVILLE ROAD, Tustin CA 92780 DE 10577 IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH FAX C No : 714- 573 -1770 A DRIESS: tlund orelieske.com CODE: SUB CODE: POLICY TYPE Commercial Package (Builders Risk / Property) AGENCY CUSTOMER ID #* NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER Meritage Homes Corporation 8800 East Raintree Dr, Ste 300 IMP100078607 -03 EFFECTIVE DATE EXPIRATION DATE LIMITED FUNGUS COVERAGE Scottsdale, AZ 85260 If YES, LIMIT: 15,000 DED: CONTINUED UNTIL 10/01/2018 10/01/2019 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: PKUPEKTY INFUKMAIIUN (use KEMAKKS On page z, IT more space IS re Ulrea LLJ I31JILUINU UK LJ t3USINE,I PEK,UNAL PKUPEKIY LOCATION / DESCRIPTION RE: Harvest Park THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t%nVCDAr= IWGnDMATInkI Dr-Dii a inici iDan I I neeir I I Donen I I eDar-iAi IX I All Rick InrJ Plnnri R Fr] COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 30,000,000 DED:25,000 MORTGAGEE LENDERS LOSS PAYABLE YES NO NIA © BUSINESS INCOME ❑ RENTAL VALUE X City of Gilroy If YES, LIMIT: 1, 110,500 X Actual Loss Sustained; # of months: 12 BLANKET COVERAGE X If YES, indicate value(s) reported on property identified above: $ TERRORISM COVERAGE X Attach Disclosure Notice / DEC IS THERE A TERRORISM - SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? X LIMITED FUNGUS COVERAGE X If YES, LIMIT: 15,000 DED: FUNGUS EXCLUSION (If "YES ", specify organization's form used) X REPLACEMENT COST X AGREED VALUE X COINSURANCE X If YES, % EQUIPMENT BREAKDOWN (If Applicable) X. If YES, LIMIT:Included DED:25,000 ORDINANCE OR LAW - Coverage for loss to undamaged portion of bldg X j j If YES, LIMIT:Covered DED: - Demolition Costs X If YES, LIMIT:2,500,000 DED: - Incr. Cost of Construction X If YES, LIMIT:INCL DED: EARTH MOVEMENT (If Applicable) X If YES, LIMIT: 10,000,000 DED:See Remarks FLOOD (If Applicable) X If YES, LIMIT: 10,000,000 DED: See Remarks WIND / HAIL INCL ® YES ❑ NO Subject to Different Provisions: X If YES, LIMIT:Induded DED:250,000 NAMED STORM INCL ® YES ❑ NO Subject to Different Provisions: X If YES, LIMIT:30,000,000 DED:See Remarks PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS X CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST Page 1 of 2 © 2003 -2014 ACORD CORPORATION. All rights reserved. ACORD 28 (2014/01) The ACORD name and logo are registered marks of ACORD MORTGAGEE LENDERS LOSS PAYABLE CONTRACT OF SALE Loss Payee LENDER SERVICING AGENT NAME AND ADDRESS X NAME AND ADDRESS City of Gilroy AUTHORIZED REPRESENTATIVE 7351 Rosanna Street Gilroy CA 95020 Page 1 of 2 © 2003 -2014 ACORD CORPORATION. All rights reserved. ACORD 28 (2014/01) The ACORD name and logo are registered marks of ACORD EVIDENGE OF GUMMEKGIAL F'KUF t:K I Y INSUKANGE KE1V1AKK5 - Inclumna Special GOnCaltions (Use OnIV IT MOre space Is Special Conditions: Coverage Summary Property/Builders Risk/Mobile Equipment. Builders Risk includes property under construction, inventory, model homes and their contents and sales trailers and their contents. This policy insures against risks of direct physical loss or damage, including Earthquake, Flood and Wind, subject to policy terms and conditions. $30,000,000 per occurrence. Flood & EQ subject to $10,000,000 sublimit. Corporate Locations: Subject to scheduled values per location as outlined in SOV on file with carrier. Deductible: $25,000 Per Occurrence - all covered perils EXCEPT: Earthquake: 5% of the actual value per unit of insurance at the time of loss at locations within California, parts of Nevada and ISO Zone 1, subject to a minimum of $250,000 per occurrence. 2% of the actual value per unit of insurance at the time of loss at locations within all other states (ISO Zone 2) subject to a minimum of $250,000 per occurrence. Flood: 5% of the actual value per unit of insurance at the time of loss at locations wholly or partly within Special Flood Hazard Areas (SFHA); Flood Zone A & V, areas of 100 year flood zones as defined by FEMA, subject to a $500,000 Minimum. Special Flood Endorsement applies. All other Flood zones subject to $25,000 deductible. Named Wind Storm: 5% of the actual value per unit of insurance at the time of loss at locations wholly or partly within Florida, subject to a minimum of $250,000 per occurrence. 5% of the actual value per unit of insurance at the time of loss at locations in Tier One counties and Houston area, subject to a minimum of $250,000 per occurrence. All Other, subject to $25,000 deductible. of Gilroy is included as Loss Payee as respects referenced Builders Risk coverage. ACORD 28 (2014/01) Page 2 of 2