PIA No. 2018-05 - Tri Pointe Homes and Filice Family Estatea
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
23986769
Regina Alcomendras
Santa Clara County - Clerk- Recorder
07/20/2018 09:55 AM
Titles: 1 Pages: 14
Fees: 1144.00 144.00
Taxes: 0
Total:
1111 ��f� V'I'LPIf�'1 �+TY6i Ifi+,
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 2018 -05
The Grove & Luchessa — Tract 10446
APN: 808 -19 -010 & 808 -19 -024
Tri Pointe Homes, Inc., a Delaware Corporation
And
Filice Family Estate, a California Limited Partnership
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PROPERTY IMPROVEMENT AGREEMENT
RESIDENTIAL
AGREEMENT FOR TRACT 10446 PUBLIC IMPROVEMENTS,
INCLUDING BUT NOT LIMITED TO EXTENSIONS OF WATER DISTRIBUTION SYSTEMS,
IMPROVEMENT OF STREETS, INSTALLATION OF SEWERS, STORM DRAINS AND OTHER
PUBLIC WORKS FACILITIES
Property Improvement Agreement No. 2018 -05
This Property Improvement Agreement ( "Agreement ") is made and entered into this ;�(hday of
ih2 , 2018, by and between the City of Gilroy, a municipal corporation, herein called the "City," and
Filice Family Estate, a California Limited Partnership, herein called "Owner" and Tri Pointe Homes, Inc.,
a Delaware 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: The Grove & Luchessa, APN: 808 -19 -010 & 808 -19-
024, a legal description of which is attached hereto and incorporated herein as Exhibit "A" (the
"Property "), and as described in the project improvement plans entitled Tract 10446 — The Grove &
Luchessa.
WHEREAS, the Developer is the fee owner of the Property and requires certain utilities and public
works facilities in order to service the Property under the minimum standards established by the City and,
WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and
Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of
this Agreement and,
WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities
and public service facilities after acceptance by City, and for providing the necessary connecting system,
general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that
Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed
by Developer pursuant to this Agreement.
NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent
and purpose of said Codes, Ordinances, Resolutions and Regulations and established policies of the City
and the laws of the State of California and the United States of America it is agreed by and between the
parties as follows:
SECTION 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and
the laws of the State of California and the United States of America concerning the subject matter of this
Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at
length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to,
the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted
Uniform Building Code.
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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, Resolution, 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.
To indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits,
fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including
without limitation attorneys' fees) incurred by City in connection with (i) any damage done to any
utility, public facility or other material or installation of the City on said Property which the Developer
or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in
grading or working upon said Property; or (ii) arising or resulting directly or indirectly from any act
or omission of Developer or Developer's contractors, or subcontractors, or any employee of the
foregoing in connection with the work performed by them in connection with this Agreement,
including without limitation all claims relating to injury or death of any person or damage to any
property.
d. To construct and improve all public works facilities and other improvements described in this
Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this
Agreement on file with the City of Gilroy. All construction and improvements shall be completed in
accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and
Regulations and established policies of the City and the laws of the State of California and the United
States of America and this agreement, and in accordance with the grades, plans, and specifications
approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment
Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured
from a surety company admitted to do business in California. Each bond shall set forth a time period
for performance by the contractor of its obligations and the terms and conditions on which the City
may obtain the proceeds of the bond.
The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of
the total estimated amount payable for the improvements described in this Agreement, and shall secure
payment to City and the Developer of any loss due to the default of the contractor or its inability or
refusal to perform its contract. The performance bond shall by its terms remain in full 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
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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.
e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which
are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to
the City prior to Council approval of the final map of the subdivision. Upon approval of the record of
survey or the building permit covering the real estate to be improved and before any work is done
therein, the Developer shall pay to the City all other sums payable by Developer pursuant to the
attached comprehensive fee schedule.
f. At all times during the term of this Agreement and until the improvements constructed by Developer
are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general
liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000),
combined single limit for both bodily injury and property damage; (b) workers' compensation
insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with
limits of not less than 100% of the estimated value of the improvements to be constructed by Developer
pursuant to this Agreement.
All such policies shall provide that thirty (30) days written notice must be given in advance to City
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
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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 perfonn, or to
pay any monies due hereunder when due shall release the City from any and all obligations hereunder and
the City, at its election, may enforce the performance of any provision herein, or any right accruing to the
City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances,
Resolutions, Rules and Regulations of the City, in the event of any such default by Developer.
SECTION 5
That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is
an instrument affecting the title or possession of the real property and runs with the land. Except as
expressly provided in the second sentence of Item 9 of the general stipulations set forth in Section 6 below
(relating to the payment of reimbursement to the original Developer named in this Agreement), all the
terns, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City,
Developer, the successors in interest of Developer, their respective successors and permitted assigns and
all subsequent fees owners of the Property. The obligations of the Developer under this Agreement shall
be the joint and several obligations of each and all of the parties comprising Developer, if Developer
consists of more than one individual and /or entity. Upon the sale or division of the Property, the terms of
this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to
the obligations imposed on Developer by this Agreement.
SECTION 6
That the following general stipulations shall be completed subject to the approval of the Public Works
Director /City Engineer:
1. The Project shall comply with all Tentative Map conditions and applicable mitigation measures as
contained in City Council Resolution 2017 -22 (TM 16 -03 approval).
2. All work within the public right -of -way shall be subject to the approval of the City Engineer.
3. The Developer shall perform all work in compliance with the City of Gilroy Specifications Standards
Design Criteria, Glen Loma Development Agreement and Glen Loma Specific Plan and is subject to
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all laws of this community by reference. Street improvements and the design of all storm drainage,
sewer lines, and all street sections shall be in accordance with City Standards and Glen Loma Ranch
Specific Plan, Glen Loma Ranch Development Agreement and Glen Loma Ranch Master Plans as
shown on the approved TM 13 -08, and shall follow the most current City Master plan for streets and
each utility.
4. The Developer shall defend, indemnify, and hold harmless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action, or proceeding against the City
or its City Council, Planning Commission, agents, officer, and employees to attack, set aside, void,
or annul an approval of the City, City Council, Planning Commission, or other board, advisory
agency, or legislative claim, action, or proceeding against it, and will cooperate fully in the defense.
This condition is imposed pursuant to California Government Code Section 66474.9.
No building permit shall be issued in connection with this project if the Owner or Developer of such
development (i) is not in compliance with the City's Residential Development Ordinance (City
Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any conditions of approval issued
in connection with such development or other City requirements applicable to such development; or
(ii) is in default under any agreement entered into with the City in connection with such development
pursuant to the RDO. The project must also comply with any of condition of exemption granted from
the RDO, including but not limited to time limits in obtaining City approvals and completion of
construction of the dwelling units.
6. 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.
7. At least one week prior to commencement of work, the Developer shall post the site and mail to
owners of property within (500') five 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 naive, 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.
8. 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
from occupied residential units.
9. 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.
10. Schedule the construction of improvements along existing public roads so that the work affecting
vehicular traffic is completed with a minimum interruption to traffic.
11. All work shall be coordinated so that the existing residents on all adjacent streets have access to their
properties.
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12. 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, or other water
source (i.e. temporary tank) acceptable to the Fire Chief, 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.
13. A complete construction schedule, which shall include a detailed phasing plan (including traffic
control for each proposed phase), shall be submitted and approved by the City Engineer prior to start
of construction. Any deviation from the approved construction schedule and phasing plan shall be
coordinated with the City Engineer. Deviating from the approved construction schedule and phasing
plan without prior coordination with the City Engineer may prolong issuance of further building
permits.
(a) Upon request by the City Engineer, the Developer shall provide information for public outreach
purposes, which may include maps and schedules for each phase of construction.
14. The Developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the
applicable fees prior to the issuance of a grading permit or improvement plan approval.
15. 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.
16. Site preparation and fill construction shall be conducted under the observation of, and tested by, a
licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all
site preparation and fill construction meets the requirements of the geotechnical investigation. This
shall be subject to review and approval by the Building Division. [CBC]
17. All grading operations and soil compaction activities shall be per the approved soils report and shall
meet with the approval of the City Engineer.
18. New and existing utility lines, appurtenances, and associated equipment, including but not limited to
electrical transmission, street lighting, and cable television shall be required to be placed
underground. [Municipal Code Section 21, Article V]
19. 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. 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.
20. Any damage resulting from project construction operations to existing city infrastructure on or
adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full
expense of the Developer and /or its contractor. This shall include slurry seal, overlay, street
reconstruction, and repair to curb, gutter and sidewalk, driveway approach if reasonably deemed
warranted by the City Engineer.
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21. This project is subject to post- construction stormwater quality requirements per Section 27D of the
Gilroy Municipal Code.
22. Storm water BMP Operation and Maintenance Agreement
(a) 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 ( "Stormwater Agreement ")
with the City. The City shall record the Stormwater 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 Agreement will be provided by Public Works Engineering.
(b) The Stormwater 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.
(c) The Stormwater 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.
(d) 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.
(e) Any repairs or restoration /replacement and maintenance shall be in accordance with City -
approved plans.
(f) The property owner(s) shall develop a maintenance schedule for the life of any stormwater
management facility and shall describe the maintenance to be completed, the time period for
completion, and who shall perform the maintenance. This maintenance schedule shall be
included with the approved Stormwater Runoff Management Plan.
23. Stormwater BMP Inspections will be required for this project and shall adhere to the following:
(a) The property owner(s) shall be responsible for having all stonnwater management facilities
inspected for condition and function by a knowledgeable third party.
(b) Unless otherwise required by the City Engineer or designee, stonnwater 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.
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24. Upon completion of each inspection, an inspection report shall be submitted to Public Works
Engineering no later than October 1 st for the fall report, and no later than March 15th of the following
year for the winter report.
25. 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.
26. In accordance with the California Professional Land Surveyors' Act (California Business and
Professions Code Sections 8771 and 8725), California Penal Code Section 605, and California
Government Code Section 27581, the Developer, its 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 Corner 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 California Business and Professions Code Section 8771 at the
Developer's sole expense.
27. If there is any reimbursements payable to the Owner, they must be specifically identified in this
Agreement. Any such reimbursements shall be payable to the original Owner named in this
Agreement above, if any, and shall not inure to the benefit of any subsequent owners of all or any
portion of the Property. All reimbursements payable to Owner 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 Owner 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 Owner'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 detennined by City from time to time; (ii) City may, in
its sole and absolute discretion, make partial reimbursement payments to Owner 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 Owner shall be reimbursed for the following public improvements:
i. West 10th Street between Santa Teresa Boulevard and West Luchessa Avenue with
reimbursement amount of $594,001.00, being a portion of the Traffic Impact Fee
(TIF) budget for 10th Street extension from Uvas Park Drive to Santa Teresa
Boulevard.
ii. 1,122 LF of 24" Water Main with reimbursement amount of $67,320.00 per the
City of Gilroy Comprehensive Fee Schedule for Oversized Water Main
Reimbursements.
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SECTION 7
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOTAL AMOUNT DUE TO CITY $4,285,154.92
CITY OF GILROY
By:
Gabriel A. Gonzalez
City Administrator
Date:
M
IM
APPROVED AS TO FORM:
Andrew L. Faber, City Attorney
DEVELOPER:
By: 7- < -
Name: 3r2. tA?-A
Title: \I %Lt kF- -sloal s-y— MAMAC;kAk&- t
Date:
OWNER:
By: C
Name: �� w �Z �� (roc e
Title:
Gvarti� r,�L,v6�ria �;scrhrGl /�
Date: Q) p / eK
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.
4828 - 0143- 8026v3 -10- 9/18/12
A04706091
Exhibit A
LEGAL DESCRIPTION
Order Number: 0192 - 5525414
Page Number: 6
Real property in the City of Gilroy , County of Santa Clara, State of California, described as follows:
PARCEL 1:
PARCEL 0, AS SHOWN ON MAP OF TRACT 10254, FILED OCTOBER 22, 2014, MAP BOOK 876, PAGES 42
THROUGH 53, SANTA CLARA COUNTY RECORDS.
PARCEL 2:
PARCEL 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "PARCEL MAP BEING A PORTION OF LAS
ANIMAS RANCH LOT 11 ACCORDING TO MAPS ACCOMPANYING THE FINAL REPORT OF THE REFEREES
IN THE PARTITION OF LAS ANIMAS RANCHO SANTA CLARA COUNTY RECORDS ", WHICH MAP WAS
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA ON OCTOBER 21, 1998 IN BOOK 709 OF MAPS, AT PAGES 18 AND 19, AND AS CORRECTED
BY CERTIFICATE OF CORRECTION RECORDED MARCH 17, 1999 UNDER DOCUMENT NO. 14709294,
OFFICIAL RECORDS.
APN: 808 -19 -024 (Parcel 1) and 808 -19 -010 (Parcel 2)
First American Title
Page 6 of 15
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
On
Contra Costa
personally appeared
1, 2018 before me, Tiffany Grubbs, Notary Public ,
Date Name and Title of Officer
Brian O. Barry ,
Name of Signer
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
TIFFANY GRUBBS
NotaryPublic - California
z Contra Costa County
Commission k 2208879
My Comm. Expires Sep 1, 2021
Place Notary Seal Above
I certify under PENALTY OF PERJURY under
the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
ig ature of otcdry Public
CALIFORNIA • • •D
4..�._aa2•:iC� �i <•� �iC!�<�C_�.�.• ¢•� �i �iN�•_v C•�iC � � aaC•c�.Y�t ^i.; �iC.s.• ¢� aa_...�< C .•;.s�C_c.C�.�C C^a•.s..�c��.si•;.�.•!�a.-
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 San--A Ctara
On XA4 1 9, -,9018 before me, 4of4n&OL ?grjuelles- Aa t}on,
Date Here Insert Name and Title of the Officer
personally appeared J. T u, , Ir
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(sj whose name(&) is /ar-e-
subscribed to the within instrument and acknowledged to me that he /&he4hey executed the same in
his /heW4hejf authorized capacity(ies), and that by his /� signature(9) on the instrument the person(&},
or the entity upon behalf of which the persona} 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.
ROSANNA ARGUE LLES- PATTON WITNESS my hand and official seal.
Notary Public - California
z � Santa Clara County _ M `1 ^Gr��cc�lrs
Commission # 2162602
Signature ��-
Comm. Expires Aug Au 13, 2020 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 Do ument A10 • � o i91 -or
Title or Type of Document: %�• ImEnt/e�jrte mzn- Document Date: 2018
Number of Pages: /0 ptus Signer(s) Other Than Named Above: C, and %ri0;0n Horner
' I piagc tc q diesen piton
Capacity(ies) Clai44Med by Signer(s)
Signer's Name: -)Inn • j'� t ��� T►' Signer's Name:
❑ Corporate Officer — Title(s): 07dnac ! 1 Corporate Officer -- Title(s):
[?�artner — &�,Cimited i I General i Partner — 1 1 Limited I 'General
Ci Individual Attorney in Fact [ ! Individual Attorney in Fact
❑ Trustee Guardian or Conservator I I Trustee Guardian or Conservator
❑ Other: , I Other:
Signer Is Representing: 7: 1lice Tamily &s-)u }t Signer Is Representing:
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02014 • nal Notary Association www.NationalNotary.org 1-800-US • -800-876-6827) 90
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 1
� j J}
County of yCr no-
(+c1 l
On c_�j is 12 � �LQI P before me, _6'1)Zarnr)e A07-244-b, Ut00 A
Date Here Insert Name and Title of the Officer
personally appeared
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.
SUZANNE GUZZE17A
Notary Public - California z
Santa Clara County
Z Commission # 2106751
My Comm. Expires Apr 12, 2019
..rte
Place Notary Seal and /or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ,— r_�L
S nature of Notary Public
yr %J1111ML.
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:
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 of Conservator
❑ Other:
Signer is Representing:
02017 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
PROPERTY INFORMATION ( ACORD 101 maybe attached if more space is required) ❑X BUILDING OR ❑ BUSINESS PERSONAL PROPERTY
LOCATION /DESCRIPTION
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.
CnVFROC;F INFORMATION. pGQU c mica 1ppn I I RACir I I RDnen X QDZY -1Ai
COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 30,000,000 DED: $10,000
CONTRACT OF SALE
MORTGAGEE
Ac R "' EVIDENCE OF COMMERCIAL PROPERTY INSURANCE
DATE(MM /DD/YYYY)
NIA
7/6/2018
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
CONTACT PERSON AND ADDRESS PA/C. HONE No. Ext 949- 252 -4400
COMPANY NAME AND ADDRESS NAIL NO: 38318
Lockton Insurance Brokers, LLC
Starr Indemnity & Liability Company
19800 MacArthur Blvd., Suite 1250
If YES, indicate value(s) reported on property identified above: $
CA License 4OF15767
Irvine 92612
IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH
FAX E -MAIL
(A/C. No): 949 - 252 -44 ] 0 ADDRESS:
CODE: SUB CODE:
POLICY TYPE
Property
AGENCY
CUSTOMER ID #:
NAMED INSURED AND ADDRESS TRI Pointe Homes, Inc.
LOAN NUMBER
POLICY NUMBER
1111485 TRI Pointe Group, Inc.
B080C1825822
19540 Jamboree Road, Suite 300
EFFECTIVE DATE
EXPIRATION DATE
CONTINUED UNTIL
Irvine CA 92612
7/7/2018
7/72019
REPLACEMENT COST
X
TERMINATED IF CHECKED
ADDITIONAL NAMED INSURED(S)
THIS REPLACES PRIOR EVIDENCE DATED:
PROPERTY INFORMATION ( ACORD 101 maybe attached if more space is required) ❑X BUILDING OR ❑ BUSINESS PERSONAL PROPERTY
LOCATION /DESCRIPTION
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.
CnVFROC;F INFORMATION. pGQU c mica 1ppn I I RACir I I RDnen X QDZY -1Ai
COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 30,000,000 DED: $10,000
CONTRACT OF SALE
MORTGAGEE
YES
NO
NIA
NAME AND ADDRESS
® BUSINESS INCOME ❑ RENTAL VALUE
X
7351 Rosanna Street
If YES, LIMIT: Included Actual Loss Sustained; # of months:
BLANKET COVERAGE
X
AUTHORIZED PR TA E
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: 100,000 DED:
FUNGUS EXCLUSION (If "YES ", specify organization's form used)
X
REPLACEMENT COST
X
AGREED VALUE
I X
COINSURANCE
X
If YES, %
EQUIPMENT BREAKDOWN (If Applicable)
X
If YES, LIMIT: Included DED:
ORDINANCE OR LAW - Coverage for loss to undamaged portion of bldg
X
If YES, LIMIT: Included DED:
- Demolition Costs
X
If YES, LIMIT: 5,000,000 DED: 10,000
- Incr. Cost of Construction
X
If YES, LIMIT: Included DED:
EARTH MOVEMENT (If Applicable)
x
If YES, LIMIT: See Attached DED: See Attached
FLOOD (If Applicable)
X
If YES, LIMIT: See Attached DED: See Attached
WIND / HAIL INCL XD YES ❑ NO Subject to Different Provisions:
X
If YES, LIMIT: Included DED:
NAMED STORM INCL X❑ YES ❑ NO Subject to Different Provisions:
X
If YES, LIMIT: Included DED: See Attached
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 rm ?' uqi
+102Q03 -2075 ACORD CORPORATION. All rights reserved.
ACORD 28 (2016/03) The ACORD name and logo are registered marks of ACORD
CONTRACT OF SALE
MORTGAGEE
LENDER'S LOSS PAYABLE X LOSS PAYEE
LENDER SERVICING AGENT NAME AND ADDRESS
NAME AND ADDRESS
597792 City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
AUTHORIZED PR TA E
+102Q03 -2075 ACORD CORPORATION. All rights reserved.
ACORD 28 (2016/03) The ACORD name and logo are registered marks of ACORD
CVIUMMUt: Ur I.U1V11V1CK6IAL VKUVr -KI 7 INJUKANut KLmAKKJ - incivaina boeclal uonaitions iuse oniv it more soace Is reaui
Builders Risk & Property: Catastrophe Limits: $30,000,000; $15,000,000 any one building or structure. Transit - $10,000,000.
Temporary Storage - $5,000,000. Real Property, Business Personal Property, Computer, Business Income, Improvements &
Betterments - $33,754,703. Equipment Limit — Included, Deductible $1,000. Earth Movement Coverage Limits: $20,000,000 CA &
Pacific NW: $30,000,000 (Other states), Deductible: $250,000 (100 year Flood Zones) $50,000 (All other zones). Flood:
Limits: $20,000,000 (100 Year Flood Zones): $30,000,000 (All Other Zones), Deductible: $250,000 (100 year Flood Zones)
$50,000 (All other zones). City of Gilroy is loss payee as per the attached endorsement or policy language.
RD 28(2016/03)
Certificate Holder ID: 597792
B080C1825822
This endorsement changes "your" policy
PLEASE READ THIS CAREFULLY
LOSS PAYEE
(The entries required to complete this endorsement will be shown below or on the "schedule of
coverages".)
Holders of certificates of insurance issued against this policy that are shown as loss
payees are added to "your" policy as their interest may appear as respects the property
listed on the certificate.
Attachment Code : D523389
Certificate ID : 597792