Oak Place Owners' Association - Landscape Installation and Maintenance AgreementRecording Requested By: 23632686
CITY OF GILROY Regina R 1 comendras
Santa Clara County - Clerk- Recorder
04/25/2017 02:47 PM
When recorded mail to:
Titles: 1 Pages: 16
City of Gilroy Fees: 0.00
Taxes: 0
7351 Rosanna Street Total: 10.00
Gilroy, CA 95020 1111 WFAIT
Space above this line for recorder's use only.
RECORD WITHOUT FEE PURSUANT TO GOV. CODE SECTION 6103
LANDSCAPE INSTALLATION AND MAINTENANCE AGREEMENT
Oak Place —Tract No. 10184
APNs: 808 -48 -001 through 808 -48 -141 (Formerly APN: 808 -21 -033)
By and Between
The City of Gilroy
M791
Oak Place Owners' Association,
a California non - profit corporation
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LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT
RESIDENTIAL
Oak Place — Tract No. 10184
APNs: 808 -48 -001 through 808 -48 -141 (Formerly APN: 808 -21 -033)
This Landscaping Instagation and Maintenance Agreement ( "Agreement ") is made as of and
entered into this da�30f MA&' -, , 20 between Oak Place Owners'
Association, a California non - profit corporation ( "Owner ") and the City of Gilroy, a municipal
corporation of the State of California ( "City ") with reference to the following facts:
WHEREAS, KB Home South Bay, Inc., a California corporation ( "Developer "),
developed that certain real property in the City of Gilroy, County of Santa Clara, State of
California, known as and called: Oak Place, Tract 10184, described in the project improvement
plans entitled Oak Place, Tract 10184, and more particularly described on Exhibit A attached
hereto and made a part hereof (the "Project ");
WHEREAS, City adopted Resolution No. 2011 -23 (the "TM Approval "), approving TM
07 -11, a Tentative Map to create two hundred and thirteen (213) single - family residential lots
and one (1) multifamily residential lot for the Project, subject to the Tentative Map Conditions
(the "TM Conditions ") and other requirements described therein;
WHEREAS, City adopted Resolution No. 2011 -22 (the "A/S Approval "), approving A/S
10 -22, an application for architectural and site approval of a planned unit development for the
213 lot single - family subdivision which is the subject of the TM Approval, subject to conditions
of approval ( "A /S Conditions ");
WHEREAS, Number 16 of the A/S Conditions ( "A/S Condition 16 ") requires Owner,
the homeowner's association for the Project, to maintain the Landscape Improvements (as that
term is defined in Section 2, below) located on (i) a portion of the Project owned by Owner and
described in Exhibit B, attached hereto and made a part hereof (the "Property "), (ii) an area in
front of the sound wall adjacent to the Project on the south side of Luchessa Avenue and (iii) the
C ty -owned land adjacent to the sound wall west of the project site adjacent to the trail
(collectively "Frontage Landscape Area ");
WHEREAS, this Agreement is entered into to address the Owner's obligations with
respect to the Frontage Landscape Area, as contemplated and required by A/S Condition 16.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE RECEIPT OF
WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HEREBY AGREE AS
FOLLOWS:
1. Purpose. The purpose of this Agreement is to ensure the timely and proper construction
and installation of the Landscape Improvements (defined in Section 2 below) on the
Frontage Landscape Area consistent with the Approved Landscape Plans (defined in
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Section 2 below) and the proper and diligent maintenance of the Landscape
Improvements in perpetuity.
2. Landscape Improvements and Approved Landscape Plans. The Landscape
Improvements are those described in the landscaping plans and specifications identified
on Exhibit C attached hereto and made a part hereof (the "Approved Landscape Plans ").
Copies of the Approved Landscape Plans are on file with the City in the office of the
Public Works Department, 7351 Rosanna Street, Gilroy, California 95020.
3. Duty to Construct and Install Landscape Improvements. Owner shall cause all
Landscape Improvements to be constructed and installed in a good and workmanlike
manner, in accordance with the Approved Landscape Plans, the TM Approval; the A/S
Approval, and all other all federal, state, county, City and other governmental statutes,
laws, rules, orders; regulations, and ordinances (collectively, "Laws ") applicable to the
Project, at Owner's sole cost and expense. Notwithstanding anything to the contrary
herein, following acceptance of the Landscape Improvements by the City, Owner shall
not be required to maintain or replace any portion of the Landscape Improvements
consisting of sidewalks or other hardscape, except for such sidewalk or hardscape
maintenance or replacement necessitated by Owner's activities under this Agreement.
Construction and installation of the Landscape Improvements shall be completed no later
than twelve (12) months after this Agreement has been signed by Developer and City.
Before commencing work, Owner shall obtain all permits required by law for the
construction and installation of the Landscape Improvements. All fees for such permits
shall be those in effect as of the date of application for such permits.
4. Owner's Duty to Maintain Landscape Improvements. In perpetuity, Owner shall, at its
sole cost and expense, diligently maintain and care for, and repair and replace as
necessary, the Landscape Improvements. Owner's obligations pursuant to this Section 4
shall include, without limitation, the following: (i) providing sufficient water, fertilizer,
and other nutrients to the turf and other plants to maintain them in a healthy and thriving
condition; (ii) keeping plants trimmed by removing dead wood from trees and shrubs,
trimming back foliage which has exceeded the landscape boundaries, shaping plants as
necessary, and keeping turf mowed to a height of between two (2) and three (3) inches
and trimmed back from edges of hardscape; (iii) pruning and trimming trees and shrubs,
as necessary, in such a manner as to prevent interference with sight clearance for
pedestrian, bicycle and vehicle traffic on adjacent roadways, walkways, and rights of
way,. (iv) maintaining, repairing, and replacing, as needed, the irrigation system serving
the landscaping, and obtaining all legally required permits for such work, (v) causing all
weeds, trash and debris to be regularly removed from the Frontage Landscape Area; (vi)
replacing plants which have died back or become unsightly on no more often than a
monthly basis; and, (vii) paying all costs and expenses for the water and electricity used
to irrigate and light the landscaping and Frontage Landscape Area. Diligent maintenance
and care includes, but is not limited to, persistent upkeep which employs the standard of
care necessary to meet all requirements of applicable local ordinances and regulations
and is in accordance with the generally accepted standards for maintenance and care
observed by comparable uses located within the City.
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A. Insurance• Contractors; Encroachment Permit, with Laws. Owner
shall require all contractors engaged to perform any work pursuant to this
Agreement to maintain at all time during the performance of the work pursuant to
this Agreement, policies of insurance in form and amount acceptable to City,
including without limitation: (a) commercial general liability insurance; (b)
automobile liability insurance; (c) employer's liability insurance; (d) business
automobile liability insurance; and, (e) worker's compensation insurance. All
work required of Owner pursuant to this Agreement shall be performed on behalf
of Owner by licensed California contractors. At all times during the performance
of work by Owner pursuant to this Agreement, Owner shall obtain from the City
and maintain in effect, at Owner's sole cost, an encroachment permit upon terms
and conditions acceptable to the City, to enable Owner to perform the work
required within the public right of way. Owner shall, at its sole cost and expense,
comply with all Laws in the performance of its obligations pursuant to this
Agreement. Thirty (30) days advance written notice must be given to City prior to
termination, cancellation or modification of any such insurance policies. The
insurance specified above shall name City as an additional insured. Owner
hereby waives, and Owner 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 Owner 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,
Owner shall deliver to City the insurance company's certificate evidencing the
required coverage, or if required by City a copy of the policies obtained.
5. Licenses and Permits. Owner warrants to City that, except for the encroachment permit, it
has all licenses, permits, qualifications and approvals of whatsoever nature which are
legally required for Owner to accomplish its obligations under this Agreement. Owner
represents and warrants to the City that it shall, at its sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals which
are legally required for Owner to accomplish its obligations.
6. Indemnity. To the fullest extent allowed by law, Owner shall indemnify, defend, and hold
harmless City, its elected and appointed officials, officers, attorneys, agents, employees and
volunteers from and against any and all claims, demands, causes of action, liabilities, losses,
costs, expense, injuries, damages, judgments, findings, awards, suits, and proceedings
(including without limitation costs for staff time, copying costs, court costs and attorney's
fees) (collectively, "Claims and Liabilities ") to the extent arising out of, or in connection
with:
(a) the design, construction or installation of the Landscape Improvements, the
performance of Owner's obligations under this Agreement by Owner or its agents,
employees, contractors, or sub - contractors, and/or any breach of any obligation of
Owner under this Agreement; and /or
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KM04706084
(b) any violation of any law, rule or regulation applicable to any portion or aspect of
the Landscape Improvements by Owner or its agents, employees, contractors, or
sub - contractors;
excepting only Claims and Liabilities caused by the sole negligence or willful misconduct
of City or the City's officers, elected and appointed officials, agents, and employees in
the performance of their obligations as the officers, elected and appointed officials;
agents and employees of City. It is the intent of the parties to this Agreement to provide
the broadest possible coverage for the City and the City's officers, elected and appointed
officials, agents and employees.
7. City's Right to_ Cure Owner's Default.
(a) If Owner breaches any of its obligations under Sections 3, 4, 5, 6, or 7, and any
breach of each and every material term and condition contained herein, and the
breach is not cured within ten (10) days (or such longer period as may be
specified in the Notice of Breach in City's sole and absolute discretion) after the
City gives written notice ( "Notice of Breach ") to the Owner of the failure to
perform, City shall have the right (but not the obligation), in addition to all other
rights available to City under this Agreement, by law, or in equity, to enter upon
the Frontage Landscape Area and perform all or any portion of Owner's
obligation at Owner's sole cost, and all costs incurred by City shall be reimbursed
by Owner to City not later than ten (10) days after demand for payment is
delivered to Owner. Any costs so incurred by City in performing Owner's
obligations under Sections 3, 4, 5, 6, or 7; which are not paid by Owner when due,
shall bear interest from the date due until fully paid at the rate of ten percent
(10 %) per annum.
(b) Delay by City in giving a notice of default shall not constitute a waiver of any
default nor shall it change the time of default. Any failures or delays by City in
asserting any of its rights and remedies as to any default shall not operate as a
waiver of any default or of any such rights or remedies, nor deprive City of its
right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert, or enforce any such rights or remedies.
(c) The City shall not perform such maintenance activities upon breach of Owner's
duties under this Agreement if the default cannot reasonably be cured within the
10 -day period, and then Owner shall have such additional reasonable time as may
be necessary to cure the default provided Owner commences the cure within the
10 -day period and diligently prosecutes such cure to completion.
(d) Owner hereby grants permission to the City and the City's agents, employees,
contractors and other representatives to enter the Frontage Landscape Area at any
and all times to perform Owner's obligations (to the extent the City has the right
to do so pursuant to this Section 7) and to inspect the Frontage Landscape Area
and Landscape Improvements to determine if Owner is complying with its
obligations under this Agreement. Nothing in this Section shall be construed to
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limit any access or other rights City may have as it relates to the portion of the
Frontage Landscape Area within the public right of way, it being acknowledged
and agreed by Owner that City's rights with respect to the public right of way
shall not be diminished by this Agreement and that Owner's consent is not
required as it relates to any portion of the public right of way.
(e) To the fullest extent allowed by law, Owner hereby waives any and all claims it
may now or hereafter have against City and City's employees, officers, agents,
contractors and other representatives as a result of entry onto the Frontage
Landscape Area by City or City's agents, employees, contractors, and other
representatives pursuant to this Section 7, including without limitation claims for
personal injury, death and damage to property except to the extent resulting from
the negligence or willful misconduct of City or City's agents, employees,
contractors or other representatives.
8. Owner not Agent of City. Neither Owner nor any of its agents or contractors are or shall
be considered to be agents of City in connection with the performance of Owner's
obligations under this Agreement.
9. Notices. Notices required or permitted to be given under the terms of this Agreement
shall be served personally, or sent by pre -paid United States certified mail, return receipt
requested, or by overnight courier, addressed as follows:
CITY: City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
ATTN: City Engineer
With copies to:
William D. Ross, Esq.
Law Office of William D. Ross
400 Lambert Street
Palo Alto, California 94306
Proof of insurance to be filed with:
City of Gilroy
Attention: Development Engineer
7351 Rosanna St.
Gilroy, California 95020
OWNER: KB Home South Bay, Inc.
5000 Executive Parkway, Suite 125
San Ramon, CA 94583
ATTN: Ray Panek
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and, in the event that Owner hereafter conveys the fee interest in the Property or any
portion thereof, to each successive Owner as shown on the tax rolls for Santa Clara
County, California as to which City is given written notice of transfer. Notices shall be
effective upon delivery to the required address, or upon attempted delivery thereof if
delivery is refused by the intended recipient or if delivery is prevented because the
intended recipient has failed to provide a reasonable means for accomplishing delivery.
10. Recordation: Term; Covenant Running With the Land. Upon execution of this
Agreement by all parties hereto, the City shall have the right to record this Agreement
with the Santa Clara County Recorder's Office in the Official Records of Santa Clara
County, California ( "Official Records "). The term of this Agreement shall commence on
the date that it is signed by Developer and City, and shall continue thereafter in perpetuity
unless and until terminated in a writing signed by City and all persons and entities then
being an Owner of all or any portion of the Property and recorded in the Official Records.
This Agreement pertains to and runs with the Property and every part thereof and shall be
deemed to run with the land. Developer, on behalf of itself and all subsequent fee owners
of all or any portion of the Property, hereby subjects the Property to all of terms and
conditions set forth in this Agreement. This Agreement shall bind each Owner now
owning a fee interest in all or any portion of the Property, and all successors in interest of
all or any portion of the fee interest in and to the Property or any portion thereof, and all
of their respective successors and assigns, subject to this paragraph below. If an Owner
conveys, grants or otherwise transfers all or any portion of the fee title interest in the
Property or any portion thereof to another, such grantee or transferee shall be jointly and
severally responsible with the transferring Owner and all other Owners of all or any
portion of the Property for complying with all of the terms and conditions of this
Agreement; provided however, that notwithstanding any other provision in this
Agreement, in no event shall any obligation of any Owner be binding on the City, nor
shall City be responsible for complying with the obligations of any Owner under this
Agreement, notwithstanding that all or any portion of the Property or any portion of the
Frontage Landscape Area, is owned by City or has been conveyed, granted or transferred
to City. Each Owner shall advise City in writing of the names and addresses of the
transferees of any portion of the fee interest of such Owner to the Property or any portion
thereof not later than ten (10) days after conveyance of title. Upon any subdivision of the
Property or any portion thereof, Owner's obligations under this Agreement shall be joint
and several among the owners of the subdivided lots or parcels; provided however, that
notwithstanding any other provision in this Agreement, in no event shall any obligation
of Owner or their successors in interest be binding on the City, nor shall City be
responsible for complying with any obligations of Owner under this Agreement,
notwithstanding that any subdivided lot or parcel or portion thereof, or any part of the
Frontage Landscape Area, is owned by City or has been conveyed, granted or transferred
to City. The obligations of Owner shall be the joint and several obligations of any and all
parties comprising Owner. All terms and conditions set forth in this Agreement shall
inure to the benefit of City and any successor governmental entity of City whether or not
City or such successor governmental entity is an owner of any interest in real property.
As used in this Agreement, "Owner" shall mean any and all persons, firms, corporations
or other legal entities which own fee title to all or any portion of the Property. The term
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"Owner" shall not include a mortgagee or beneficiary under a deed of trust holding a
security interest in the Property unless such mortgagee or beneficiary has entered into
actual physical possession of the Property or becomes a fee owner of any portion of the
Property.
11. Breach of Agreement. Any breach by Owner of the terms and conditions of this
Agreement shall be deemed a violation of the TM Approval and the A/S Approval. In
addition to any other remedy available to City under this Agreement, by law or in equity,
the City may bring an action against Owner to enforce the terms and conditions of the
TM Approval, the A/S Approval and this Agreement.
12. Attorneys' Fees. If any party to this Agreement resorts to a legal action to enforce or
interpret any provision of this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees in addition to any other relief to which it may be entitled.
13. Miscellaneous Terms and Provisions:
(a) If any provision of this Agreement is adjudged invalid, unenforceable or void, the
remaining provisions of this Agreement shall not be affected thereby and shall
remain in force and effect.
(b) The waiver of any party of any breach or violation of any provisions of this
Agreement shall not be deemed to be a waiver of any breach or violation of any
other provision nor of any subsequent breach or violation of the same or any other
provision.
(c) No party to this Agreement may assign any right or obligation pursuant to this
Agreement. Any attempted or purported assignment of any right or obligation
pursuant to this Agreement shall be void and of no effect. Notwithstanding the
foregoing, Owner is entitled to hire a general contractor and subcontract such
portions of the work to be performed under this Agreement.
(d) Notwithstanding any provisions of this Agreement, the City does not undertake
any responsibility or liability for any claim, demand, cause of action, damage,
cost, expense, loss, or liability, in law or in equity, of any kind and nature
whatsoever, that in any way arises from or is in any way connected to the
execution of this Agreement and /or to the performance of any and all of the work
or obligation under this Agreement except as otherwise provided herein.
(e) Nothing in this Agreement, whether express or implied, is intended to confer any
rights on any persons other than the parties to it and their representatives,
successors and permitted assignees.
(f) This Agreement contains the entire agreement between the parties relating to
Owner's obligations with respect to the installation and maintenance of
landscaping within the Frontage Landscape Area, and all prior or
contemporaneous agreements, understandings, representations or statements, oral
or written, are superseded hereby.
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(g) The parties specifically acknowledge that the Project is a private development,
that no party is acting as the agent of the others in any respect hereunder, and that
each party is an independent contracting entity with respect to the terms,
covenants and conditions contained in this Agreement. None of the terms or
provisions of this Agreement shall be deemed to create a partnership between or
among the parties, or the affairs of City, or otherwise, or cause them to be
considered joint venturers or members of any joint enterprise.
(h) This Agreement shall be interpreted and construed reasonably and neither for nor
against any party, regardless of the degree to which any party participated in its
drafting. Each of the parties has received the advice of legal counsel prior to
signing this Agreement. Each party acknowledges no other party or agent or
attorney has made a promise, representation, or warranty whatsoever, express or
implied, not contained herein concerning the subject matter herein to induce
another party to execute this Agreement. The parties agree no provision or
provisions may be subject to any rules of construction based upon any party being
considered the party "drafting" this Agreement. When the context and
construction so require, all words used in the singular herein shall be deemed to
have been used in the plural, and the masculine shall include the feminine and
neuter and vice versa. Whenever a reference is made herein to a particular
provision of this Agreement, it means and includes all paragraphs, subparagraphs
and subparts thereof, and, whenever a reference is made herein to a particular
paragraph or subparagraph, it shall include all subparagraphs and subparts thereof.
(i) All references in this Agreement to laws shall be understood to include such laws
as they may be subsequently amended or recodified, unless otherwise specifically
provided.
(j) All references to days herein are to calendar days, including Saturdays, Sundays
and holidays, except as otherwise specifically provided. Unless otherwise
required by a specific provision of this Agreement, time hereunder is to be
computed excluding the first day and including the last day.
(k) This Agreement may not be modified or amended in any respect except by a
writing signed by the parties.
(1) Each of the Exhibits identified is attached hereto and incorporated herein and
made a part hereof by this reference.
(m) This Agreement shall be administered and interpreted under the laws of the State
of California. Jurisdiction of litigation arising from this Agreement shall be in that
state and venue shall be in Santa Clara County, California.
(n) The section headings or captions of this Agreement are for convenience of
reference only, and shall not be deemed to define or limit the scope or intent of
any of the provisions of this Agreement. No modification or amendment of this
Agreement shall be valid unless the same is in writing and signed by City and
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Owner. This Agreement may be executed in any number of counterparts, each of
which shall be an original, but all of which together shall constitute one
instrument.
[signatures begin on the following page]
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IN WITNESS WHEREOF, the parties have executed this Landscape Installation and
Maintenance Agreement to be effective on the day and year set forth above.
OWNER:
OAK PLACE OWNERS' ASSOCIATION,
a California non - profit corporation
B �
Y•
Name:
Title: 1 t!�S 10
Date:
CITY:
CITY OF GILROY,
a municipal corporation
By:
Name: Gabriel A. Gonzalez
Title: City Administrator
Date: `L ( q b '7
ATTEST:
APPROVED AS TO FORM:
By: f
S awna Freels, City Clerk Andy Faber, ;City Attorney
4826 - 2681- 7046v4 1 1
KKS104706084
"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 )SS
COUNTY OF Contra Costa )
On March 13, 2017, before me, Dee S. Bumanlag, Notary Public, personally appeared Charles Hazelbaker, 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/the y executed the same in his /ei authorized
capacity(ies), and that by his /heytheif signature(s) on the instrument the personfs), or the entity upon behalf of
which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
My Commission Expires: 10/6/2018
Notary Name:Dee S. Bumanlag
Notary Registration Number:2085167
DEE S. BUMANLAG
Commission # 2085167
Z "m Notary Public - California z
Z '' Contra Costa County n
My Comm. Expires Oct 6, 2018
This area for oirldal notarial seal
Notary Phone: 925-983-4528
County of Principal Place of Business: Contra Costa
Page 1 of 1
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' ornia
County of s is -DG�r —
On Yu'l before me, I
Date ,
personally appeared
art Name and Title of the Officer
e.�
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the erson(j) whose name"ar-
C�bscribed to the within instrument and ackno dged to me that fey executed the same in
his it authorized capacity(S and that b hi hPrltlieir signature on the instrument the person(,
ty upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS y hand and official seal.
Conalloaia� � 2t03r0i
N"I Flo . Monft Signature
Santa CNN coo* ignature of Notary Pu6jc
Cones. �
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
elm
yV a
EXHIBIT A
The Project
All that certain real property located in the City of Gilroy, County of Santa Clara, State of
California shown on that certain map of Tract 10184, filed for record on November 26, 2013, in
Book 866 of Maps at Pages 24 through 33, inclusive, in the Official Records of the County of
Santa Clara, State of California.
Exhibit B
The Property
All that certain real property located in the City of Gilroy, County of Santa Clara, State of
California shown on that certain map ( "Map ") of Tract 10184, filed for record on November 26,
2013, in Book 866 of Maps at Pages 24 through 33, inclusive, in the Official Records of the
County of Santa Clara, State of California, EXCEPTING THEREFROM Lots 1 through 214,
inclusive, as shown on the Map.
Exhibit C
Landscape Improvements
Approved landscape plans for Oak Place (Tract No. 10184) are included in the plans entitled
"Landscape Architectural Drawings — Oak Place — Backbone Improvements" prepared by HMH
dated October 22, 2013 and any amendments thereto.
Landscape improvements to be maintained by the subdivision homeowners association include
landscaping in front of the sound wall adjacent to the Project on the south side of Luchessa
Avenue,and landscaping on City -owned land adjacent to the sound wall west of the project site
and adjacent to the trail.