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PIA No. 2015-02 - Brookfield AmbrosiaRECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 1KKS11065242.1 091812 - 04706091 IIIIIIIIIIIII REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Pages; 21 Fees.... 85.00 Taxes... Copies., AMT PAID 85.00 RDE q 024 5/05/2015 9 :28 AM Property Improvement Agreement No. 2015 -02 Petite Sirah- Tract 10256 APN: 808 -19 -016 Brookfield Ambrosia LLC, a Delaware limited liability company -I- 9/18/12 rev. 3/23/15 PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. 2015 -02 This Property Improvement Agreement ( "Agreement ") is made and entered into this 6t' day of April, 2015, by and among the City of Gilroy, a municipal corporation, herein called the "City," and Brookfield Ambrosia LLC, a Delaware limited liability company, herein called the "Developer ". WHEREAS, a tentative 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: Petite Sirah Tract 10256 being a portion of APN: 808- 19 -016, 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 Petite Sirah Tract 10256. 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. -2- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812 -04706091 SECTION 2 The Developer agrees: a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California and the United States of America, including without limitation, the California Labor Code and California Public Contract Code. Developer further agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States of America, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage laws. b. To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of way in and to the Property necessary for the City in order that its water, electricity, and/or sewer lines in or to said Property may be extended. c. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorneys' fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said Property which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said Property; or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this Agreement, including without limitation all claims relating to injury or death of any person or damage to any property. d. To construct and improve all public works facilities and other improvements described in this Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this Agreement on file with the City of Gilroy. All construction and improvements shall be completed in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, 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 -3- IKKS11065242.1 9/18/12 rev. 3/23/15 091812 -04706091 and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in the amount of ten percent (10 %) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one -year maintenance period. The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance's website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. 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 -4- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812 -04706091 shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That all the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed to City's satisfaction within one year from and after the date and year of this Agreement first above written. Developer shall maintain such public works facilities and other improvements described in this Agreement at Developer's sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property. SECTION 4 That the faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by Developer. SF.C;T10N 5 That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is an instrument affecting the title or possession of the real property and runs with the land. Except as expressly provided in the second sentence of Item 9 of the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and permitted assigns and all subsequent fees owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and/or entity. Upon the sale or division of 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 -5- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812 -04706091 Works Director /City Engineer. 1. 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. 2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 3. All work within the public right -of -way shall be subject to the approval of the Public Works Director /City Engineer. 4. Before construction utilizing combustible materials may proceed, an all- weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 150 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. 5. All work shall be coordinated so that the existing residents on all adjacent streets and Gilroy Unified School District have access to their properties. 6. Off -site public improvements shall be installed per the approved Improvement Plans. 7. The Developer shall provide to the City of Gilroy electronic files, in a format acceptable to the City (PDF, DWG format, AutoCAD 2004 maximum) of the final map, tract map and/or parcel map, improvement plans, and record drawings. 8. Before issuance of any building permit, all roadway infrastructures shall be in place and covered with an all- weather road subject to the approval of the City Engineer. 9. The project shall adhere to all the Tentative Map conditions (TM 13 -08) as well as to all the Mitigation Measures for this project. 10. Expedited review fees shall be paid in full prior to final map approval. 11. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. unless otherwise approved in writing by the City Engineer for general construction activity. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 12. 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. 13. No utility boxes are allowed to be constructed in the sidewalk without prior written approval by the City Engineer. 14. At least one week prior to commencement of work, the developer shall post the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to -6- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812- 04706091 the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 15. The developer shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. This plan shall be subject to review and approval by the Engineering Division prior to the issuance of a grading permit. 16. Any damage resulting from project construction operations to existing city streets on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full expense of the developer /contractor. This shall include slurry seal, overlay, or street reconstruction if reasonably deemed warranted by the City Engineer. 17. The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments, which was adopted on August 4, 2014 to meet the requirements imposed by the State of California's Water Board. This Ordinance established permanent voluntary water saving measures and temporary water conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. 18. This project is subject to post- construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code. Post - construction treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and /or improvement plan approval. a. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of any building permit requiring stormwater management BMPs, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. -7- IKKS11065242.1 9/18/12 rev. 3/23/15 091812 -04706091 iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and /or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City- approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. b. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: iii. Site address; iv. Date and time of inspection; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and ix. As applicable, the need for site re- inspection. c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1St for the Fall report, and no later than March 15 th of the following year for the Winter report. 19. If there are any reimbursements payable to the Developer, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Developer named in this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City's reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. Such reimbursement shall be solely contingent upon the availability of the City's Traffic Impact Fee Funds and in no case shall the reimbursement be paid beyond ten (10) years after the execution of the Agreement. In addition to any other conditions, requirements and limitations set forth in the City's reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Developer's reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated -8- 1KKS11065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be of high importance are determined by City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance. Reimbursements payable to Developer, subject to the terms and conditions of this Agreement and the City's reimbursement policies and ordinances in effect from time to time. SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $2,556,634.68 (Minimum, actual amount to be determined) CITY OF GILROY DEVELOPER: By: 4ho J. Hagl bn d City Adipini rator Date: Brookfield Ambrosia LLC, a Delaware limited liability company By: Name: Title: f/� /� G� -+�/� ` I1 t L4 , Date: 3 ! /.�� -9- IKKS11065242.1 9/18/12 rev. 3/23/15 091812 - 04706091 APPROVED AS TO FORM: Liml --� on, City Attorney V ic,7-� -1 NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. [ATTACH EXHIBIT A- LEGAL DESCRIPTION] [ATTACH CURRENT NOTARY FORM(S)T -10- IKKS11065242.1 9/18/12 rev. 3/23/15 091812 -04706091 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Gilroy, County of Santa Para, State of Callfomia, described as follows: PARCEL P, AS SHOWN ON MAP OF TRACT 10254, FILED OCTOBER 22, 2014, MAP BOOK 876, PAGES 42 THROUGH 53, SANTA CLARA COUNTY RECORDS. EXCEPTING THEREFROM: 1. ANY AND ALL WATER RIGHTS OR INTEREST IN WATER RIGHTS NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED AND USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE PROPERTY, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, PERCOLATING, PRESCRIPTIVE OR CONTRACTUAL, PROVIDED, HOWEVER, THAT UNLESS THE CONSENT OF THE SURFACE OWNER IS FIRST OBTAINED, GRANTOR, ITS SUCCESSOR AND ASSIGNS, SHALL NOT ENTER UPON THE SURFACE OR IN OR THROUGH THE UPPER 100 FEET OF THE: SUBSURFACE IN THE EXERCISE OF SUCH WATER RIGHTS. 2. ANY AND ALL OIL, GAS AND OTHER HYDROCARBONS AND ALL OTHER MINERALS OF WHATEVER KIND OR CHARACTER WHICH ARE UPON, IN UNDER OR MAY BE PRODUCED FROM THE PROPERTY, PROVIDED, HOWEVER, THAT UNLESS THE CONSENT OF THE SURFACE OWNER IS FIRST OBTAINED, GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT ENTER UPON THE SURFACE OR IN OR THROUGH THE UPPER 500 FEET OF THE SUBSURFACE IN THE EXERCISE OF SUCH MINERAL RIGHTS, AS SET FORTH ON DEED RECORDED JANUARY 17, 2001 AS INSTRUMENT NO. 15528122 OF OFFICIAL RECORDS. APN: 808 -19 -018 and 808 -19 -016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •. C... a� <r�.!s�..!.�.%�.�c�•!s�.!s�..�. c !:�.%c�.!:�.!�.%�.!�c- �.!.�.r�. r!�.r:�c%�<%...!:�. e!�,!a, �,r� <rs�,�,�. e- �N.�.!�<%ac. 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 OUaL YC On f)l0_rc4ti a S c)- O/!efore me, �l yo n n -e_ {'Yl . I�Gc ✓�S� /i%o rt�fn W-rc 1 c ,+ hlo ­4 Tr +/- --F +A- 11++1.+... personally appeared 'Josh Rod-P-0 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person' whose name fra) is /are subscribed to the within instrument and acknowledged to me that he/&#e /they executed the same in his /her /#�& authorized capacityq< and that by his /her /their signature(yon the instrument the persons ,, or the entity upon behalf of which the perso*) acted, executed the instrument. YVONNE M. CRAVES Commission # 2014324 z Notary Public - California �A1:. Contra Costa County My Comm. Expires Mar 26, 201 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph IVITNESS is true and correct. my hand a I seal. Z signature ;,� U Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 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: @2014 www.NationalNotary.org :00 • (1-800 -876-6827) •• 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 s ay1'% r� a r a ) On 7, 2015 before me, Sandra PtAA . Date Here Insert Name and Title of the Offic r personally appeared Name(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he /,-A6/tpey executed the same in his /W /tWir authorized capacity(ie§), and that by his /pe /Oi6ir signature(a) on the instrument the persoW, or the entity upon behalf of which the person(s) acted, executed the instrument. SANDRA E. NAVA con e�On * 2088119 Notary PUM - Ca ffomla Santa CWa County Comm. My EWM Nov 11 2018 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 i c2 E . 1 Ca jiGL Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document �cF;�t Si rah -T��"r ►ozS6 Title or Type of Document: 9m9e ?..w -.w v \Rw-A4 Teen '^� o . zc ►t -a Z r'�'1 P �`} Document Date: (P ^20 I S Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L4�4�- !4'y4�✓, 4`✓4' ✓ 4'✓ 4�✓ 4�✓ 4�✓, 4�✓, 4�✓ 4'✓ 4�4�✓ 4�✓ 4�4�4�_✓, 4�✓, 4�✓, 4<✓, 4�4�4�✓, 4�✓ 4�✓ 4�✓ 4�4�✓, 4(✓ 4`;, 4`: 4�?! 4�✓ 4`, 4`.4�✓,'•`,4�,4�✓,4`,4�4y4�,4' r ENCOMPASS NO: E1 DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: Account No. Key Code $2,006.20 $2,006.20 Special Public Works Sery 100- 2601 - 0000 -3625 4904 100 - 2601 -0000 -3605 4702 420 -2600- 0000 -3660 4501 432 - 2600-0000 -3660 3301 433 - 2600 -0000 -3660 4905 435 - 2600 -0000 -3660 4509 436- 2600 -0000 -3660 4510 440- 2600 -0000 -3660 4515 720 - 0433 -0000 -3620 2202 801-2601 -PW DO-3899 4703 801- 2601 -PW DO -3899 4703 325/2015 4:33 PM CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 7/1/2014 14100008 Revised: Revision Number: 09- Jan -14 Revision By: Tract 10256 Luchessa Ave. & W. Tenth St. 808 - 19-016 Brookfield Residential 500 La Gonda Wy. Danville, CA 94526 925 - 314.4022 MCervantes Fee: Credits: Amount Due: Account Descriptior Paid on Invoice # $2,006.20 $2,006.20 Special Public Works Sery $170,861.88 $170,861.88 Eng Plan Check & Insp $9,391.60 $9,391.60 Storm Development Fee $1,312.00 $1,312.00 Str Tree Development Fee $641,179.00 $641,179.00 Traffic Impact Fee $463,001.00 $463,001.00 Sewer Development Fee $133,749.00 $133,749.00 Water Development Fee $1,135,134.00 $1,135,134.00 Public Facility Fee $0.00 $0.00 Const Water Use Fee $0.00 $0.00 Reimbursements $0.00 $0.00 Other Reimbursements Total $2,556,634.68 Payment Bond Amount for all improvements Performance Bond Amount for all improvements $1,959,070 $1,959,070 CO9�61f�1dFf�ltll�l6BB6V��ABIHltIT18ROaE ¢lTrr�6t1�dle \Tr 10256 Petite Sirat (GLR)\FeesCost- Schedules- Invoices\Dev Fees 7- 1.2014- Petite Sirah 10256 January 2015 ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OW NER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE Ell 14100008 9- Jan -2014 Tract 10256 Luchessa Ave. & W. Tenth St. 808 -19 -016 Brookfield Residential 500 La Gonda Wy. Danville, CA 94526 925 - 314 -4022 MCervantes FINAL ENGINEERING COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK ? N INCENTIVE AGREEMENT ONLY? N DEFER PUBLIC FACILITY FEE? TO PERMIT ? N TO FINAL ? N DEFER SEWER, WATER, TRAFFIC FEES? TO PERMIT ? N TO FINAL? N NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect at the time permits are issued. Site Information: Fee ID NO- FINALM Gross Acres: Parcels: Lots (Units): Residential -Low ? Y $0.00 0.000 0 0 Residential -High ? 10.600 16 77 Commercial -Low ? 0.000 0 Commercial -High ? 0.000 0 Industrial - General ? 0.000 0 Industrial- Warehouse ? 0.000 0 Assembly Hall? 0.000 0 Common Area? 0.000 Commercial/Industrial Allocations: Sewer GPD: Water GPD: 0 0 Reimbursements and credits: Front Footage /Square Footage Charges and Construction Water. Street Tree FF: Water FF: Sewer FF: Storm FF: 3,200.0 0.0 0.0 0.0 Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: 0.0 0.0 0.0 0.0 SPECIAL PUBLIC WORKS SERVICES 100 - 2601- 0000 -3625 Maps: Final Map $1,755.00 + $15.70 / parcel Parcel Map $2,035.00 + $630.00 / parcel Re- assessment Map (Assessment District Parcels) $1,710.00 + $630.00 / parcel Administration Fees: (Cost Schedules, Agreements, RM/ Reviews and Other Misc. Services) 0 hr Misc Services $185.00 / hr. Special Staff Analysis 0 hr Special Analysis $143.44 / hr 3/25/2015 4:33 PM Sq Ft: 0 0 0 0 0 0 Const Water Acres to be Developed: 0.000 Construction Water FF: 0.0 Y $2,006.20 Fee ID NO- FINALM N $0.00 Fee ID NO- PARCELM N $0.00 Fee ID WASSESM Y $0.00 Fee ID N -MISC N $0.00 $2,006.20 ENGI�� TJBROSE¢P,E1Tr2WF2e \Tr 10256 Pefltl ra �L ��e gst- Schedules- Invoices \Dev Feeed� II ftAVirah 10256 Janup*%, 88 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0.00 At time of Improvement Plan/Final Map submittal 40% of fee is due for Plan Check. Remainder 60% due prior to submittal of Final Map for Council approval Additional Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to Approved Plans 0 hr Additional Plan Review $143.44 I hr. N $0.00 (2 Hour Minimum) Re- Inspection Fee 0 hr Re- Inspection $125.00 I hr. N $0.00 Inspections outside of normal business hours 0 hrinspection $475.00 + $160.00 / hr.after3hrs N $0.00 COST ACTUAL (Based on total cost of improvements) ESTIMATE COST Estimated Cost of Improvements $1,959,070 $0 12.6% $0 $100,000 Y $12,600.00 Y $0.00 10.5% $100,000 $200,000 Y $10,500.00 Y $0.00 8.4% over $200,000 Y $147,761.88 Y $0.00 Payment Bond Amount for all improvements $1,959,070 Performance Bond Amount for all improvements $1,959,070 IMPACT FEES Storm Drain Impact Fee 420- 2600 -0000 -3660 a.Residentiai -Low $564.00 / acre Y $0.00 b.Residential -High $886.00 / acre Y $9,391.60 c.Commercial $1,528.00 / acre ` Y $0.00 d.Industrial $1,128.00 / acre Y $0.00 e.Assembly Hall $564.00 / acre Y $0.00 Street Tree Fee 432 - 2600 -0000 -3660 a.City Planting and Replacement $3.06 / f.f. x N 0.0 = $0.00 b.lnspection and Replacement $0.41 / f.f. x Y 3,200.0 = $1,312.00 Traffic Impact Fee 433 - 2600 -0000 -3660 a.Residential -Low $10,272.00 / unit Y $0.00 b.Residential-High $8,327.00 / unit Y $641,179.00 c.Commercial -Low Traffic (< 10.75 trips/1000 sf) $11,365.00 / k.s.f. Y $0.00 d.Commercial -High Traffic ( >= 10.75 trips/1000 sf) $22,958.00 / k.s.f. Y $0.00 e.lndustdal- General $4,504.00 / k.s.f. Y $0.00 f.lndustrial- Warehouse $3,264.00 / k.s.f. Y $0.00 3/2512015 4:33 PM Fee ID NO- GRADINS Fee ID NO- GRADINS Fee ID NO- GRADINS DIFFERENCE ($170,861.88) Fee ID NO- PCKINSP Fee ID NO -SD -LD Fee ID NO -SD -HD Fee ID NO -SD -C Fee ID NO -SD -1 Fee ID NO -SD -AH Fee ID NO- TREEPLT Fee ID NO- TREEINS Fee ID N1- TRAF -LD Fee ID N2- TRAF -HD Fee ID N3- TRAF -CL Fee ID N3- TRAF -CH Fee ID N4- TRAF -IG Fee ID N4- TRAF -IW $9,391.60 $1,312.00 $641,179.00 CQ, 9�( �I�1dEl�llll ClE�8166t1�i6AHdT18R08E�FQ7r26tlf�e \Tr 10256 Petite SiraB (GLR)\Fees- CostSchedules- Invoices \Dev Fees 7 -1- 2014 - Petite Sirah 10256 January 2015 3/25/2015 4:33 PM Sewer Impact Fee 435 - 2600 -0000 -3660 801- 2601 -PWDO -3899 $463,001.00 a.Residential -Low $11,113.00 / unit Y $0.00 Fee ID N1 -SS -LD b.Residential-High $6,013.00 / unit Y $463,001.00 Fee ID N2 -SS -HD c.CommerciaVlndustrial $3,517.00 / cgpd Y $0.00 Fee ID NS- SS -C /I Water Impact Fee 436 - 2600 -0000 -3660 6 inch Main $133,749.00 a.Residential -Low $4,294.00 / unit Y $0.00 Fee ID N1- WATR -LD 8 inch b.Residential -High $1,737.00 / unit Y $133,749.00 Fee ID N2- WATR -HD $0.00 c.CommerciaVlndustrial $6,731.00 / kgpd Y $0.00 Fee ID N5- WTR -C /I N Public Facilities Impact Fee $0.00 440- 2600 -0000 -3660 12 inch Main $1,135,134.00 a.Residential -Low $17,522.00 / unit Y $0.00 Fee ID N1 -PF -LD 14 inch b.Residential -High $14,742.00 / unit Y $1,135,134.00 Fee ID N2 -PF -HD $0.00 c.Commercial $2,640.00 / k.s.f. Y $0.00 Fee ID N3 -PF -C N d.lndustrial $1,168.00 / k.s.f. Y $0.00 Fee ID N4 -PF -I $68.00 Water User Fee (Construction) N 720 - 0433-0000 -3620 $0.00 Y $0.00 Main $3.00 / f.f. $0.00 Fee ID NO- CONWTFF $0.00 Fee ID N- WR18 -1/2 24 inch plus $82.00 / LF x N 0.0 = $182.73 / a.c. $0.00 Fee ID NO- CONWTAC $91.00 FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure) The Half Pipe schedule is used to determine the front footage reimbursement to former developers for infrastructure previously installed along the front footage of the development. The Full Pipe schedule is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main extensions to sizes required by each master plan that are greater than the sizes required by the development. The oversized portion is the difference between the master planned size for the main and the greater of the main size required by the development or the developer's minimum responsibility for each main. Water 801- 2601 -PWDO -3899 Water Mains - including fire hydrants, valves, valve boxes and other pertinences. Developer responsibility is up to and including 12" mains Half Pipe Lineal Footage 6 inch Main $39.00 1 LF x N 0.0 = $0.00 Fee ID N- WRO6 -1/2 8 inch Main $41.00 / LF x N 0.0 = $0.00 Fee ID N- WR08 -1/2 10 inch Main $47.00 / LF x N 0.0 = $0.00 Fee ID N- WR10 -1/2 12 inch Main $52.00 / LF x N 0.0 = $0.00 Fee ID N- WR12 -1/2 14 inch Main $57.00 I LF x N 0.0 = $0.00 Fee ID N- WR14 -1/2 16 inch Main $62.00 / LF x N 0.0 = $0.00 Fee ID N- WR16 -1/2 18 inch Main $68.00 / LF x N 0.0 = $0.00 Fee ID N- WR18 -1/2 20 inch Main $76.00 / LF x N 0.0 = $0.00 Fee ID N- WR18 -1/2 24 inch Main $82.00 / LF x N 0.0 = $0.00 Fee ID N- WR24 -1/2 30 inch Main $91.00 / LF x N 0.0 = $0.00 Fee ID N- WR30 -1/2 36 inch Main $106.00 / LF x N 0.0 = $0.00 Fee ID N- WR36 -1/2 $0.00 C09 ,'Ed , Q1dEt&J& JEdbMMdMSVR WBL4*T)8RO8MlWra6t112e \Tr 10256 Petite SiraA (GLR)\ Fees - Cost - Schedules- Invoices\Dev Fees 7 -1 -2014- Petite Sirah 10256 January 2015 Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Sewer 801 - 2601 -PW DO -3899 Sewer Mains - including manhole and other pertinences. Developer responsibility is up to and including 12" mains. Half Pipe Lineal Footage 6 inch Main $73.00 I LF x N 0.0 = $0.00 Fee ID N- SS06 -1/2 8 inch Main $75.00 I LF x N 0.0 = $0.00 Fee ID N- SS08 -1/2 10 inch Main $81.00 I LF x N 0.0 = $0.00 Fee ID N- SS10 -1/2 12 inch Main $83.00 1 LF x N 0.0 = $0.00 Fee ID N- SS12 -1/2 15 inch Main $87.00 I LF x N 0.0 = $0.00 Fee ID N- SS15 -112 18 inch Main $93.00 / LF x N 0.0 = $0.00 Fee ID N- SS18 -1/2 21 inch Main $102.00 / LF x N 0.0 = $0.00 Fee ID N- SS21 -1/2 24 inch Main $106.00 ! LF x N 0.0 = $0.00 Fee ID N- SS24 -1/2 27 inch Main $122.00 / LF x N 0.0 = $0.00 Fee ID N -SS27 -112 30 inch Main $144.00 / LF x N 0.0 = $0.00 Fee ID N- SS30 -1/2 33 inch Main $158.00 ! LF x N 0.0 = $0.00 Fee ID N- SS33 -1/2 36 inch Main $178.00 / LF x N 0.0 = $0.00 Fee ID N -SS36 -112 39 inch Main $212.00 / LF x N 0.0 = $0.00 Fee ID N- SS39 -1/2 42 inch Main $265.00 ! LF x N 0.0 = $0.00 Fee ID N- SS42 -1/2 Street Improvements 801 - 2601 -PWDO -3899 Pavement, Sidewalks & Medians Sauare Footage AC /Bike path: base $2.55 / SF x N 0.0 = $0.00 Fee ID NSTR -ACB AC /Bike path: pvmt $2.50 / SF x N 0.0 = $0.00 Fee ID N- STR -ACP Sidewalk: new $9.75 / SF x N 0.0 = $0.00 Fee ID N- STRS/W Sidewalk: replace $13.25 / SF x N 0.0 = $0.00 Fee ID N- STR -S/WR Resurfacing $2.55 / SF x N 0.0 = $0.00 Fee ID N- STR -RESU Landscaped Median $20.35 / SF x N 0.0 = $0.00 Fee ID N- STR -LANM Hardscaped Median $11.63 / SF x N 0.0 = $0.00 Fee ID N -STR -HARD Traffic Signals (equipment only) % of Lump Sum Traffic Signal -3 leg $130,200.00 / LS x N 0% = $0.00 Fee ID N- STR -TS3L Traffic Signal4 leg $158,500.00 / LS x N 0% = $0.00 Fee ID N- STR -TS4L Curb and Gutter Lineal Footage Curb /Gutter. new $25.85 / LF x N 0.0 = $0.00 Fee ID N- STR -C/G Curb /Gutter. replace $33.40 / LF x N 0.0 = $0.00 Fee ID N- STR -C /GR Curb Ramps $1,057.63 / LF x N 0.0 = $0.00 Fee ID N- STR -CR 3/25/2015 4:33 PM $0.00 $0.00 CQ&'ZdkC dEIll RdbMid 8i6VReO®IEdT18ROM -gl 1Tr3 lF2e \Tr 10256 Petite Sirab (GLR)\Fees -Cost- Schedules - Invoices \Dev Fees 7 -1 -2014- Petite Sirah 10256 January 2015 3/25/2015 4:33 PM OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storrs Drain Main Reimbursement $0.00 Total Oversized Water Main Reimbursement (Developer is responsible for up to and including 12" mains) $0.00 Oversized Minimum 12" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 14 inch Main $114.00 $104.00 x 0.0 = $0.00 N 16 inch Main $124.00 $104.00 x 0.0 = $0.00 N 18 inch Main $135.00 $104.00 x 0.0 = $0.00 N 20 inch Main $151.00 $104.00 x 0.0 = $0.00 N 24 inch Main $164.00 $104.00 x 0.0 = $0.00 N 30 inch Main $182.00 $104.00 x 0.0 = $0.00 N 36 inch Main $211.00 $104.00 x 0.0 = $0.00 N Total Oversized Sewer Main Reimbursement (Developer is responsible for up to and including 12" mains) $0.00 Oversized Minimum 12" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 15 inch Main $174.00 $166.00 x 0.0 = $0.00 N 18 inch Main $186.00 $166.00 x 0.0 = $0.00 N 21 inch Main $204.00 $166.00 x 0.0 = $0.00 N 24 inch Main $211.00 $166.00 x 0.0 = $0.00 N 27 inch Main $244.00 $166.00 x 0.0 = $0.00 N 30 inch Main $287.00 $166.00 x 0.0 = $0.00 N 33 inch Main $315.00 $166.00 x 0.0 = $0.00 N 36 inch Main $356.00 $166.00 x 0.0 = $0.00 N 39 inch Main $423.00 $166.00 x 0.0 = $0.00 N 42 inch Main $529.00 $166.00 x 0.0 = $0.00 N Total Oversized Storm Drain Main Reimbmnt (Developer is responsible for up to and including 24" mains) $0.00 Oversized Minimum 24" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 27 inch Main $164.00 $140.00 x 0.0 = $0.00 N 30 inch Main $177.00 $140.00 x 0.0 = $0.00 N 33 inch Main $182.00 $140.00 x 0.0 = $0.00 N 36 inch Main $189.00 $140.00 x 0.0 = $0.00 N 42 inch Main $197.00 $140.00 x 0.0 = $0.00 N 48 inch Main $233.00 $140.00 x 0.0 = $0.00 N 54 inch Main $273.00 $140.00 x 0.0 = $0.00 N 60 inch Main $315.00 $140.00 x 0.0 = $0.00 N CQS� F�ld�16 1@6h�E1RBIHl1T)AR03E} 1Trr16Elf.�e \Tr 10256 Petite SiraA (GLR)\Fees- Cost - Schedules- Invoices \Dev Fees 7 -1 -2014- Petite Sirah 10256 January 2015 3%25/2015 4:33 PM Oversizing Schedule Continued (Used to reimburse oversized infrastructure) Oversized Storrs Drain Main Reimbmnt Continued Oversized Minimum 24" main Oversized Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 66 inch Main $357.00 $140.00 x _ -0 --VI = $0.00 ! N 72 inch Main $399.00 $140.00 x i 0:0 = $0.00 N] 78 inch Main $431.00 $140.00 x i_ .. __. _0l01 = $0.00 84 inch . Main $461.00 $140.00 x = $0.00 + N 90 inch Main $492.00 $140.00 x ; ul = $0.00 14 96 inch Main $522.00 $140.00 x r_ _ _:0.01 = $0.00 i N Cf3,9IdMb.d5gt M MBAT18R03W2AFa0f l2e \Tr 10256 Petite SiraB (GLR) \Fees- CostSchedules- Invoices\Dev Fees 7 -1- 2014 - Petite Sirah 10256 January 2015 Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure) Storm Drain 801- 2601 -PWDO -3899 Storm Mains - including manholes, catch basins and other pertinences. Developer responsibility is up to and including 24" mains. $0.00 Fee ID N- SD18 -1/2 Half Pipe $0.00 18 inch Main $63.00 ! LF x 21 inch Main $69.00 ! LF x 24 inch Main $70.00 / LF x 27 inch Main $82.00 / LF x 30 inch Main $89.00 / LF x 33 inch Main $91.00 / LF x 36 inch Main $95.00 ! LF x 42 inch Main $99.00 / LF x 48 inch Main $117.00 ! LF x 54 inch Main $137.00 / LF x 60 inch Main $158.00 / LF x 66 inch Main $179.00 ! LF x 72 inch Main $200.00 / LF x 78 inch Main $216.00 ! LF x 84 inch Main $231.00 / LF x 90 inch Main $246.00 / LF x 96 inch Main $261.00 / LF x Lineal Footage N 0.0 = $0.00 Fee ID N- SD18 -1/2 N 0.0 = $0.00 Fee ID N- S021 -1/2 N 0.0 = $0.00 Fee ID N- SD24 -1/2 N 0.0 = $0.00 Fee ID N- SD27 -1/2 N 0.0 = $0.00 Fee ID N- SD30 -1/2 N 0.0 = $0.00 Fee ID N- SD33 -1/2 N 0.0 = $0.00 Fee ID N- SD36 -1/2 N 0.0 = $0.00 Fee ID N- SD42 -1/2 N 0.0 = $0.00 Fee ID N- SD48 -1/2 N 0.0 = $0.00 Fee ID N- SD54 -1/2 N 0.0 = $0.00 Fee ID N- SD60 -1/2 N 0.0 = $0.00 Fee ID N- SD66 -1/2 N 0.0 = $0.00 Fee ID N- SD72 -1/2 N 0.0 = $0.00 Fee ID N- SD78 -1/2 N 0.0 = $0.00 Fee ID N- SD84 -1/2 N 0.0 = $0.00 Fee ID N- SD90 -1/2 N 0.0 = $0.00 Fee ID N- SD96 -1/2 NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time fees are paid. The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference. Additional plan review required by changes, additions or revisions to approved plans, reinspections and inspections outside of normal business hours will be billed as shown in the City of Gilroys most current comp ensive fee schedule at the hourly rates in effect at the time of inspection. Accepted by: Print Name: Date: 3/25/2015 4:33 PM $0.00 CC��C$ Q�i�Illf�1 ��E1!• d6f/ �01i91H1�T18RO3'R.QTr�0t1f�e \Tr 10256 Petite SirA (GLR)\ Fees - Cost - Schedules- Invoices\Dev Fees 7 -1 -2014- Petite Sirah 10256 January 2015 Ada o CERTIFICATE OF LIABILITY INSURANCE DATE 5 /12/2D/YYYY) 5/12/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Marsh USA Inc. 6500 Sheridan Drive, Suite 114 Williamsville, NY 14221 NAME: PHONE 1- 866 -616 -0088 a/c, No, EXt : FAX 416- 349 -4564 A/c, No EMAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: POLICY NUMBER INSURED Brookfield Residential Services LLC 12265 El Camino Real, Suite 180 San Diego, CA U.S.A. 92130 INSURER B: LIMITS INSURER c: National Union Fire Insurance Company of Pittsburgh, PA 19445 INSURER D: Liberty Insurance Corporation 42404 INSURER E: (MMIDD/YYYY) INSURER F: COVERAGES CERTIFICATE NLIMBFR- 16117 - 003- RRS -WC REVISION NUMBER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIP TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MMIDD/YYYY) (MM /DDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED $ CLAIMS -MADE OCCIJR PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- PRODUCTS /OP AGG POLICY JECT LOC - COMP $ $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON -OWNED PROPERTY DAMAGE (Per accident) $ AUTOS X UMBRELLA LAB X OCCUR EACH OCCURRENCE $1,000,000 C BE 5582292 5/1/2016 5/1/2017 EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I RETENTION $ $ WORKERS COMPENSATION PER OTH- X D AND EMPLOYERS' LIABILITY YIN STATUTE JER NY PROPRIETOR/PARTNER /EXECUTIVE NO E.L. EACH ACCIDENT $1,000,D00 FFICER/MEMBER EXCLUDED? NIA E.L. DISEASE EA EMPLOYEE Mandatory in NH) X WC7 -671- 171140 -106 05/15/2016 05/1/2017 I yes.. describe under - $1 +��� +��� ESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of coverage. Re: Project Improvements - Petite Sirah /Ambrosia — Tract 10256, APN: 808 -19 -016, - Brookfield Ambrosia LLC. A Waiver of Subrogation applies to the certificate holder, as required by contract or agreement or permit, but limited to the scope of the work performed by the insured under such contract, agreement or permit. The Umbrella Coverage, Policy No. BE 558 2292 with the National Union Fire Insurance Company of Pittsburgh, PA was made by Marsh a Service of Seabury & Smith Inc. Marsh USA Inc. has only acted in the role of a consultant to the client with respect to this placement which is indicated here for your convenience. GtK I II-IGA 1 t HULUtK GANGtLLA I IUN City of Gilroy 7351 Rosanna Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE GIIfO CA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Gilroy, ACCORDANCE WITH THE POLICY PROVISIONS. U.S.A. 95020 AUTHORIZED REPRESENTATIVE k. © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD MARSH City of Gilroy 7351 Rosanna Street Gilroy, CA U.S.A. 95020 June 1, 2016 Valerie Frederick Marsh Canada Limited 120 Bremner Boulevard, Suite 800 Toronto, Ontario M5J OA8 416 349 4362 Fax 416 349 4564 Valerie. Frederick @marsh.com www.marsh.com Subject: Brookfield Residential Properties Certificate of Insurance No. 16/17- 003- BRS -WC — Policy Term: June 1, 2016 — May 1, 2017 Dear Sir /Madam, Please see attached a Certificate of Insurance for the above noted insured. We trust you will find the attached to be in order. If this certificate is no longer required, please contact me via the email address listed above and reference the certificate number shown above. Should you have any questions or concerns please do not hesitate to contact us. Best Regards, Valerie Frederick Operations Certificate Specialist National Operations MARSH & MCLENNAN SOLUTIONS... DEFINED, DESIGNED, AND DELIVERED. COMPANIES lam o' CERTIFICATE OF LIABILITY INSURANCE DA E(MMI017rcY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh USA Inc. 6500 Sheridan Drive, Suite 114 Williamsville, NY 14221 PHONE o Ex 1- 866 - 616 -0088 FAX No: 416- 349 -4564 EMAIL ADDRESS: INSURE S AFFORDING COVERAGE NAIC if INSURER A: INSURED Brookfield Residential Services 12265 El Camino Real, Suite 180 0 San Diego, CA INSURER :B: INSURER C: National Union Fire Insurance Company of Pittsburgh, PA 19445 INSURER D: Liberty Insurance Corporation 1 42404 U.S.A. 92130 INSURER E: INSURER F: �: JYCICA""'0 . Gr-KIIrIC:AIt_ NUMbt:K: 17 /1S- UUZ- bK5 -WG REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED -NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tNSF TYPE OF INSURANCE ADVL SUBS POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IISR WVD MWDD MW COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE ❑OCCUR PREMI3SES Ea owur —ce) $ MED EXP (Any one Person) $ PERSONAL B ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY OJECT ❑LOC PRODUCTS - COMP /OP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per er accW ecciderrt $ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $1,000,000 C ExMssOA6 CLAIMS -MADE BE 558 2292 5/1/2017 5/1/2018 AGGREGATE $ OED RETENTION S $ WORKERS COMPENSATION - ER TH- D AND EMPLOYERS' LIABILITY YIN X TATUTE R. V PROPRIETORIPARrNER/EXECUTIVE FFICERIMEMBER EXCLUDED? NO E.L. EACH ACCIDENT $1,00_0,000 1Mendamry In NH) WA X WC7 -B71- 171140 -107 05/01/2017 05/1/2018 f yes, descdbe under E.L. DISEASE -EA EMPLOYEE $1,QQQ,QQO. ESCRIPTION OF OPERATIONS be- E.L. DISEASE - POLICY LIMIT $1,,000,000. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) -- - - Evidence of coverage. Re: Project Improvements - Petite Sirah /Ambrosia — Tract 10256, APN: 808 -19 -016, - Brookfield Ambrosia LLC. A Waiver of Subrogation applies to the certificate holder, as required by contract or agreement or permit, but limited to the scope of the work performed by the insured under such contract, agreement or permit. The Umbrella Coverage, Policy No. BE 558 2292 with the National Union Fire Insurance Company of Pittsburgh, PA was made by Marsh USA Inc., Incoming Multinational Service Unit. Marsh USA Inc., Williamsville, NY has only acted in the role of a consultant to the client with respect to this placement which is indicated here for your convenience. CERTIFICATE HOLDER CANCELLATION City of Gilroy 7351 Rosanna Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Gilroy, CA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN U.S.A. 95020 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ACORt)r CERTIFICATE OF LIABILITY INSURANCE `.,..� DATE(MM /DD/YYYY) 05/18/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ,REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA, Inc. 9830 Colonnade Blvd, Suite 400 San Antonio, TX 78230 CONTACT NAME: A/C PHONE o E t A/C No): E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Liberty Insurance Corporation 42404 CN102903011 -BRS- USA -18 -19 BRS INSURED Brookfield Residential Services LLC INSURER B : National Union Fire Insurance Company of Pittsburgh, 19445 INSURER C : DAMAGE TO RENTED PREMISES Ea occurrence 3200 Park Center Drive, Suite 900 & 1000 Costa Mesa, CA 92626 INSURER D: MED EXP (Any one person) INSURER E: INSURER F: GUVtKAUts CERTIFICATE NUMBFR- HnLI- nn.11AgQ9 -nF aG11le1n>1 ut iiuQCn. r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER MM DD/YYYY M DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY , $ GENT AGGREGATE LIMIT APPLIES PER PRO - POLICY PRO- LOC GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident ( ) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR X BE5582292 05/01/2018 05/01/2019 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ 10 ,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR /PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? N / A X WC7 -B71- 171140 -108 05/01/2019 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project Improvements - Petite Sirah /Ambrosia - Tract 10256, APN: 808 -19 -016, - Brookfield Ambrosia LLC. Waiver of subrogation is applicable where required by written contract. t;Eki IFIGA 1 E HOLDER cONCFI I ATInN City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee� �,,,, �• - -u U 1988 -2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD