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Progressive Self-Help Housing EnterprisesPROPERTY DEVELOPMENT AGREEMENT AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVE14ENT OF STREETS: INSTALLATION OF SEVERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES This agreement made and entered into this .day of 1 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and The Progressive Self-Help Housing Enterprises Inc. of South Santa Clara CouptyL, real property owner, developer or subdivider, herein called the "Developer ". WITPIESSETH: 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 known as and called: PARAISO DE ENSUENO TRACT 4418 and, WHEREAS, the Developer 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 th.rouq_h its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities and after acceptance by City, and for providin- the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities. NU:' TTIEREFORE, in consideration of the premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolut- ions and Regulations, it is agreed by and between the parties as follows: ')ECTION I That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of C lifornia concerning the subject matter of this agreement are here - by referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances and Regu- lations include, but are not limited to, the following: The Code )f the City of Gilroy (including but not limited to Chapters 12 As 19, 20 and 21 thereof pertaining to local improvement procedures in -1- subdivision or development respectively); Ordinance No. 602 (Sub- division Procedure, etc.); Ordinance No. 711 (Zoning Ordinance); Or- dinance No. 693 (1961 Uniform Building Code); Rules and Regulations. Included in the above are all of the above referred to Codes, Ordi- nances, Resolutions, Regulations and Substitutions therefor, as amended to the time of execution of this agreement. 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 and other Regulations. b. To grant to the City without charge, free and clear of en- cumbrances, any and all stipulated easements and rights of way in and to his said real property necessary for the City in order that its water, electricity and /or sewer lines in or to said real property may be extended. c. To indemnify and hold the City harmless and free from all damage and liability done to any utility, public facility or other material or installation of the City on said real estate which the Developer or any contractor or sub- contractor of the Developer, or any employee thereof, shall do in grading or working upon said real estate. d. To construct and improve all public works facilities and other improvements as set out herein, according to the standards heretofore established, and according to the grades, plans and specifications thereof, all as approved by the City Engineer; and shall furnish two (2) good and sufficient bonds, each of which shall be executed in the face amount of no less than 0 See stiRulatioU , and one of which bonds shall guarantee that faithful performance of this agreement and the other said bond shall secure pay- ment to the contractor, his subcontr ^ctors and to persons renting equipment or furnishing labor or materials to them for the improvement hereunder, and as provided for in Section 11612 of the Business and Professions Code of the State of California, the ''•odes, Ordinances, Reso- lutions and Regulations of the City, and this agreement. e. That upon approval of the final map of the subdivision, the record of survey or the building permit covering the real estate to be improved, and before any work is clone therein, the Developer shall pay to the City all sums, except costs to be borne by the City, shown in Section 7 thereof to be due under the terms and provisions of this agreement. SECTION 3 That all sums shown herein to be payable by the Developer to the City are due and payable to the City upon the execution of this agreement. STC T I ON_4 That all the provisions of this agreement and all work to be done pursuant to the terms of this agreement are to be completed within one year from and after the date and year first above written. SECTION5 That the special provisions concerning the particular real -2- estate referred to above, being attached hereto, are hereby incorp- orated herein and expressly made a part of this agreement. SECTION 6 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 re- fusal of the Developer to so perform, or to pay any monies due here- under 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 the laws of the State of California or the Codes, Ordinances, Resolutions or Regulations of the City, in the event of any such default by Developer, SECTION 7 That the following are the estimated amounts of costs to be borne by the respective parties hereto, and it is further understood and agreed that said amounts are estimated only and are subject to final determination upon completion of the work, FACILITY a. Easements & Rights -of -way "On Site ", Right of Way Easements _- DEV'rLOPMFNT COSTS 100 CITY'S COSTS .l 0%_ Shall be granted to the County .of ' ian a1- Clara. b. Easements & Rights -of -way ; "Off Site", 100 i 0% None required c. Street Paving $ 100 -, d: n% V d. Street Curbing;, 100 -3- e. Sidewalks; f. Street Name Signs; g. Street Tree Planting & Parkway Improvements; City Code, h. Street Lighting; J$ 100% 0% 100% 100% 100% 'Dater "On Site" 14 - 3/4" meters P $30 /each �t Water "Off .Site" 3.06 Acres @ $231.00 /Acre k. Sanitary Sewer "On Site ", $706.86 100% 1. Sanitary Sewer, "Off site ", $1,470.00 14 lots @ $105.00 /Lot See Stipulation #2 m. Storm Drains "On Site "; 100% n. Storm Drains, "Off Site ", 100% "No Fee" ` -4- A. 0% 0 0% r' 0% A O, t A °[ $ 0% 0% 0% s, DUE CITY BY DEVELOPER DUE DEVELOPER BY CITY 2,596.86 IF WITFESS ?THEREOF, said parties have caused these presents to he executed the date and year first above written, ATTEST: CIU6�.� E .. Q.A-- "-' —76 City Clerk FORM IA PROVED: City A torney CITY OF GILROY TOTE: 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. STIPULATIONS 1) The Developer shall provide a faithful performance bond and a labor and materials bond to the City to cover all costs of constructing the sanitary and water system. 2) The Developer shall give the City a minimum 24 hour notice prior to beginning any work on the sanitary or water system. The City will be responsible for the inspection of the water and sewage systems only. 3) The City agrees to reinburse the Contractor for that portion of the 8" sanitary sewer to be extended to Leavesley Road. Reimbursement shall be made only at such time as the property abutting the line develops (or connects) and the existing utility fees are collected by the City. This stipulation shall expire Ten (10) years from the date of this agreement. No reimbursement will be made to the Contractor after the expiration date. The Contractor is Mr. Hipolito B. Gallegos. 4) The Developer agrees to bind each future property owner of lots 1 through 14 inclusive with an agreement to annex to the City of Gilroy upon notice from the City. The City shall have the alternative to annex all or a portion of the tract. Should any of the property owners of lots 1 through 14 inclusive refuse to annex it shall be understood that the City will have the right to immediately cease water and sewer service to the property involved. 5) During the period that each lot is within the county corporate limits, the property owner shall pay to the City the 'outside rate" for water and sewer service. Upon annexation the property owner shall receive City rates. 6) The Developer agrees to secure permission to drain Burke Drive storm drainage into the Sanchez property east of the tract. 7) Should any property north of Tract 4418 extend the sewer line, said property shall reimburse the Contractor for a portion of the cost of the original extension of the cost of the original extension of the sanitary sewer from Leavesley Road. Said reimbursement shall be based upon beT19f1t and area served. This stipulation shall expire within Ten (10) years of the date of this agreement. 8) The Contractor noted in stipulations 3 and 7 is Mr. Hipolito B. Gallegos. m_ THIS COOTRACT VOIDS ANY PRE`EOUS CONTRACT BETdEEN OWNER AND CONTRACTOR c ItI FIIA,h'14 -6 CONSTRUCTION CONTRACT STATT ��Qa�n�� F:,rm COUNTY__aa.1ita_Cla_ra------- TIiIS'rONTRACT, made this / -- - - - - -- -day of----- February__, _ - - - -., 19_6&, ----- -- - - -- by - Benito Garcia----------- of _8t •_ _2� -3©x _Z34- P_` Q.L _Box..7 -92, _Gilroy, --Calif. -- - - - - -- _Z42- - -- _of (hereinafter'called the "Owner "), and_ Hip9lita -B,_ Gadl egQ3r-- C- ontrac- t- __No�2a7 1510 Navarro _Dr. ,Sant$ filar '$_���n?I?ia___ _________ _ _ __ (hereinafter called the "Contractor "). -11 -- - - -- - - -1- WITNESSETH that the parties hereto agree as follows: i $ i (A) The Contractor will furnish materials and perform the work foreonstruetion of a three bedroom dwelling on ownerls property on Burke Drive off Murray Ave., Gilroy, California. for the consideration ofEleYen ThQusand- F�. Y_e-- HU]dred_2hj_rty_&- w�J— QGgollars (S .11 :530..M- ), in accordance with the "General Conditions" shown on the reverse side of this contract and the specifications and the drawings as follows: All construction shall be.performed and completed in accordance with the plans and - spedf' it'.' - signed_.by_the _parties to this Contract and filed_in -, the,,Sa� Jose office of the Farmers Home Administration. IN WITNFSS JR'HEREOF, the parties hereto have executed this contract as of the date first above written. ` - -- - -- ------- - - - - -- - -' -7 -1 (Contractor) polita B. Gallegos -��l+ r'-------------------- nrito Garcia rowner) FHA 424 -6 0 (1 -61) February 17 68, 19_., and will complete (B) The Contractor will start work by ------ ------------------- _- ___ the July 31 wor� by-- -- --- -- --- --- --------- - - - --- 19 68_ (See paragraph III of General Conditions on reverse). (C) The Owner will make payments as follows: 1. $1153.00 - when the grading of site and foundation are completed, rough floor installed and street cut. 2. $1153.90 - - when outside wall framing is completed. heating and wiring are installed and the roof 3. $1153.00 when rough plumbing, 4. $1153.00 - is complete. whm interior and exterior walls are completed. 5• $2306.00 - when construction is completed and improvements such as curbs, gutters, sidewalks, sewage, and water connections are completed, is by the owner and the Farmers Home Administration. 6. $4612.00 _ and work accepted when construction is completed and the conditions of Paragraphs IV, VIII, and IX of "General Conditions" are met. IN WITNFSS JR'HEREOF, the parties hereto have executed this contract as of the date first above written. ` - -- - -- ------- - - - - -- - -' -7 -1 (Contractor) polita B. Gallegos -��l+ r'-------------------- nrito Garcia rowner) FHA 424 -6 0 (1 -61) t GENERAL CONDITIONS I. CHANCES IN WORK: —The Owner may at any time, with the approval of the official designated by the Fanners Ilome Administration (hereinafter called the Representative), make changes in the drawings and ' specifications, within the general scope thereof. If such changes cause an increase or decrease in the amount due under this contract or in the time required for its performance, an equitable adjustment will be made, and this contract will be modified accordingly by a "Contract Change Order." No charge for any extra work or material will be allowed unless the sailie has been ordered dn'such' contract change order by the Owner with the approval of the Representative, and the price, therefor stated in the order. , r II. INSPECTION OF WpRK. --All materials and workmanship I will be, §ubject; to, (inspection, examination, •and tes9, by the Represontative, who will Ii aye the right to- reject defective material, and workmanship or require its 8 correction. - z ' I1I. COMPLETION 4 W6 RK. - If the Contractor refuses or fails to complete the work within the time specified in paragrkph 13 of triis contract; of ally extension ticreof {lie O"er may; with the a- �prAval bf the Representative, terminate the •Cmit. actor's right to "proceed. In such event the Owner Inay take over the work and prosecute the same to completion by contract or otherwise and the dontractor will be liable for any excess cost occasioned the Owner thereby; and the Owner may take possession' of and- utilize in completing the w6i]i 'such`niaterials "valid equipment as may be on the site of the work and necessary therefor. If the Owner does not terminate the right of the Contractor to proceed, the Contractor will continue the work, in which event, actual damages for delay will be impossible to determine, and, in lieu thereof, the Contractor may be required tc pay to the Owner the sum of a_...SQ•.QQ ........... as liquidated damages for each calendar day of delay, and the Contractor will be liable for the amount thereof: Provided, however, That the right of the Contractor to proceed will not be terminated because of delays in the completion of the work due to unforeseeable causes beyond his control and without his fault or s negligence. Form FHA 424 -9 !1 IV. RELEASES. —Prior to final payment, the Owner, yvill require the Contractor to submit e`cidalaoe- LlzaL.a11 payivtexial. billp+,- as�cl- attlesindehtedaieese�taeofeel •carte war}taveeerrp�id. "Certif cate, of V.17B t GffI N T UISCiiARGE LiEN& Acceptance by the Owner' and - tlile Represerifaiii a Of the corirpleted work performed by the Contractor and payment therefor by the Owner will not relieve the Contractor of his obli- gation to the Owner (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, materialmen, or any other peragns performing, labor -,upon the work or furnishing ma- terial or machinery for the work covered by this contract, which have attached to or may subsequently attach to the property, or interest of the Owner. VI. NOTICES AN6 APPROVAL IN WRITING. LAmy notice; consent, 6r other ^act to be given or done hereunder will be valid only if in writing. ` VII. FAIR EMPLOYMENT PRACTICE. —The Contractor, in the performance of this contract, will not discrimi- nate against any employee or applicant for employment because of descent, race, or creed. The Contractor will include in all ¢ubcontracts a provision imposing a like; obligation on subcontractors. VIII. The Contractor will notify FHA so that the following schedule of inspections GPO .816904 can be made: ( 1. Whhn the grading of site, street cut and foundation excavation " are complete 1 1 and .forms are ready for concrete.`; ° J' 2. When outside wall framing is complete, prior to covering the walls. 3. When all interior and exterior lathing is in place rand prior to plastering. 4. Upon completion of work and prior to recording the Noticeof Completion. IX. Upon completion and acceptance of th a work, o,,mer will execute and verify a Notice of Completion which contractor will record within the time and in the manner prescribed by law. The original Notice of Completion will be;sent to N v Farmers Home Administration after recordation. Final payment will not be made until the,statutor period for persons,other than. contractor to record a claim l, or notice of lien has elapsed and a lien search reveals that no such claim has been recorded. 4 FARMERS INSURANCE GROUP FARMERS INSURANCE EXCHANGE TRUCK INSURANCE EXCHANGE FIRE INSURANCE EXCHANGE .MID-CENTURY INSURANCE COMPANY F A R M E R S N E :V '.',/ 0 R L D LIFE INSURANCE COMPANY 'Any ,mF-.i,S INSUTRANCE GROUP FRED T. WEAR, SALES REPRESENTATIVE 641 WAYLAND LANE GILROY. CALIFORNIA 95020 —52c 9 PHONE: 842 5 Dece--1­1_­ 1 C, ,.:t7 v e Z Truc',- e- eJ ra Cc-h 4. --�nal T'-e __u rtacl.,17 r�s 0, -i e r �7j_ 7orC o tr o CO 07 of", 'e-s Or 0-11 -e, -,n-l_` O - ";n Enter-orl�es of E, C)-,.-, nt_l M-e ce C E -3_ _-Y 1,; L F I F- L I F P U E L I C L 1 A E C. � H — C, ni!.n 'cri-T-376 ,j Pr( Coun,___v_F_ .30 !p „for for Cal 4530 Wits a S TRUCK .3 rJOTE: Cor 2 a n:i 3 bcfc73 in !!_�71 55673 )t -:, F S-? 1. Name 0! �PrI :S N44�. 92 St Dist» of so-at'll Cl ol)-,A, i'1.: ASSIGN!:D AGZNT z n C T, Ong 0. St is Siren Town —Ewinns: of t!---- ar-211=01t Inc fpr:)rlCAnt Stanl=rd Time, 9 p4,-f;T:rT) Zndividu-11, corpo 7 1 -�_l 19— 1-:01 A,%f., born 2. ln5llra_r is gtppji!j for to com ajcn�,.r months e�ich for high the required Pr ns of�c sldc) (if more st�acc is -55 of th, ass her,-' --03 z� ter i- cd, we 001 at the BA23rL .11.1 f.c i!or ate Lozation3 o, EqE,,,p­­,t COve-­`i Set Itom C^r 3. h,:!.y ex; ,t Erpir. D Policy No. Kind c: CO, = I Name of Cr,.,np.inY — --------- Itern -1 f5DILy I i jTjf-,-Z LIABILM PROPERTY W-MAGE, LIAT311.11 PROPERTY DA7_',TAG'2 LTABTLI 7—E-[CePL Automobile COVIVIGis F,11ODUCI rS 1T,2ABDS and Co,'I?JEIED OPFmAT ,�kTION A-,�, -;,jEFl AC F 1,q F, L I G H G C)7---f __- CO- - 1: ACTUAL CASH VALUE p ACIVAL CASH VALUE COLLISION 02 UT Less MIAM 07 Ll_'_�11171 Each Person Ear Cccurreeca lj)(�,,Oou .000 nil 000 $ 5 CIO 00 CLU AggrazstC3 II=IDED TA Bodily In*u-y Lltabifl'y 000 000 Dtducuble ADVANCE Prr ,2I IUM DEPOSIT S S #3 Ito c:,-h dilq',Ic7nen* TOiWINly each person 1 $ h�-d �:,;l i t sped'al cblr�:- as r-cz C"Idorstmcn, gtta- _2�_,Z_ premium $ Total Policy Term 33 1 12 10 [1 60 Total ?,,cnb_zr3, -p o: rein. Fcc Credit Crl3ar Crc (Lt5 Co i t_nr,. T)uc eu-:r,- Surh no cl!L=3 have b-m Mac i';uZan'! No CC,-,­-- to th -,ny of trjt-, r,7�-_3 Ofjr=anc� c- re- _71�_ . 41, G-�'-'t'e` fcr ny lc73 '--f' vz�L C! th* L, �tc, 7- f td anprc-�,! by t�) B-3 c! a- it3 na� in _r , e0n.dlt:.Gn3 zi r-i-A7 c A by raid 5­ 1— to to C e' tt 7n�- t d- ur 3 171d LZ*" e!l -!,�7 Cr —:1 71 vid to all th"n"], V--1 -1 8-1— Tj !cj &rA e­_­ -I-- fc- 3- E3 A fc-, w, Ica ton vid r­­t n,:IJ .7� �:�ty r,�: C-'.' of f" c! to r:A c! t-7 --d and b7 5 Fo-,!'d F,-C- 7:'l Or so- and W t',e of F. I c, it3l -d Ll tc­• t 3 C co!,. nj ;:C- -,, C, .7 P I �11 t C' L- - n- - - - -:::,l by t�:3 P _, , (:q ---,I b-) d Govirnr-3 c. t: - 3 to t:.m- c,l C* V13 A - slat3 c! C, C: 3 n CO 1 I to Ic y 1,1 rl-l't'�.­A L of Thai 7 U-cn C-3 n� t�orr= tri, O�j- .a or tl 3 Dich:� c -� at 7.3n n y nu m of c,,- 7"1­47, t'-' W7-d 3r y r t-- "), -2, , h,-�4r, F.�.d al 0,1_�, t) t_ 3 C. 19 7 -nl � -7-) �� — Mail -1a;1:1 to 3 it nor IS tzar i ca Comprehensive Uablitty Application Form T -376 Production' Application for Membership and Insurance TRUCK INSURANCE EXCHANGE _ -- count 4680 Wilshire Blvd., Los Angeles 54, Calif. DLCLARATItNii MOTE: Complete pages 4 and Z before filling in this Page. � ,r -i 55673387 TRUCK item 1. Name of applicant _,�e Pro: - -r c i n i_n- ant , (Print Name and Address) St `•_ '- Dist a? q� OI'� :iO�l r,7 minty, r';.Tlt ` r,1: r1, Inc. AsaIaNac Aaar+r -.,14 — ? r Zone No. State Mailing Address N o. Street Town -;a,,, The applicant is Business of the applicant ' Individual, Corporation or Co- partnasbrp (name partners) 1 n r 19� 12:01 A.M., Standard Time, Item 1. Insurance is applied for to commence- slendar months each for which the required premium is paid. at the address of the applicant as stated herein and additional terms of -------c hens 3. [j applicant bat existing insurance in ofber companies, determine the f ollotoing information: (If more space is needed, Equipment I covered Name of Company Policy No. I Kind of Coverage Expir. Date Locations or Kean 4. COVflIAGLS 130DILY INJURY LMJOILt I I PROPERTY DAMAGE LIABILITY — Automobile PROPERTY DAMAGE LIABILITY— Except Automobile PRODUCTS HAZARDS and COMPLETED _- .- .........�wte i-- .1- �.....il COLLISION OR UPSET Policy Tetra 3 Mo ❑ 6 ❑ 12 fa LIMITS 01P LIABILITY Each Person Each Occurrence i J(Da000 $ 300 ,000 $ n-11 .000 $ 5g000 ( CLUDED Aggregates Ltmita { Bodily Injury Liability $ PrODerty Damage Liability $ ,000 ,000 s ADVANCE PREMIUM DEPOSIT Total Deposit Premium S Total Membership or Rein. Fee $ Other Credits S – Total Credit $ Amount collected with app. Balance Due f has cancelled or declined similar insurance during the past yen and daring such period no claims have been trade against the Mein S. No icaut company to of the hazards defined herein, except as herein :fated: �.o PXCebtions epplitxat with respect any _ For end in consideration of the benefits to be derived therefrom the subscriber covenants and agrees with the Truck Insoranae Exchange and other containing thereto th and des of insurance or reinsurance containing a subscriber theh' and *sob of their attorney -in -fact, the Track Underwriters Assooistioby the B and of Governor iaeu�t Committee for any lose insured against, and eenditions therein as may be specified by said attorney -in -tact and approved j9rs r t power toe Coo me another in its place, and in subscriber's name, heeeby deaignabes, eonetitubee and appoints said Association to be attorney-in-fact for subscriber, with tefereaae to all policies issued, including cancellation thereof, eoileo- place and stead s, Co all things which the subscriber or subscribers might or could do severally or jointly effect reinsurance and all other acts incidental to the tion and receipt of all monies due the Exchange from whatever source and disbursement that an hen Shall expense to � �iation, as compensation for its becoming and acting Bsanagem*at of the Exchange and the business of inter - insurance; subscriber further agrees provided and twenty Per oentum of the premiums required for oontiananoa M att�ney -m -fault the membership fees and twenty per amtum of the Premium Deposit for the insurance pro and expenses the payment of joco owed. a remaining portion of the Premium Deposit and of additional term payments made by or on behalf of the eabecr➢ber shall be applied to se and to the establishment of reserves and general surplus. Such reserves and surplus may be invested and rain, by Dntad bB wof�Cnoauthority f said Executive and from Committee adsti In Qecordanee with provisions of policies issued, which Board or its Executive Committee or an agent orm ttaE send eeoarities, tuber with full powers to execute all necessary be" tall powers to negotiate purchases, sales, trades, exchanges and transfers of investments, 'f s a adjust and charges, expenses of members' and goernore' meetings. htetrumento. The expenses above referred to shall include all taxes, license fees Nino by the Board of Gov�ernorors. All other expenses incurred in connection with the conduct Ised ons, and such other specified fees, dues and expenses and each of the above expenses es shall from time to time be agreed upon by and between the Association and the Board of Governors or its Executive Committee Lhau be borne by the Association. County of Los Angeles, State of California. The principal OTXG of the Exchange and ila attorney -in -fast shall M maintained in the City of Los Angeles, This agreement can be signed upon any number of counterparts with the same effect as it the signature of all subscribers were upon one and the same ine6•nment, and shall b bhrding upon the parties thereto, severally and ratably as provided m policies issued• wherever the word 'subscriber' is used the same $hall mean members of the Exchange. the Baboriber hereto, and all other subscribers to this or any other kite agreement. Any policy issued hereon shall be non-assessable. to Ad, this �'� _day of Decemo -n 19-7 - ' Subscribed __--- wr �• Subscabcr tit Apphcs®t p t Dist. Mgr. ❑ If this is a request for quotation only it moist not be signed not effective date given. Mail policy toe Insured ❑ Agra W Check here if quotation only is wanted. ❑ By what date? 'a (If pot checked, policy will be mailed to insured)