2011062008 - Ross Creek Preservation - 15881 Linda AvenueMEETING DATE: 6/20/11
ITEM NO: �" t
COUNCIL AGENDA REPORT
DATE: MAY 19, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGE
SUBJECT: TRACT NO.10012 THE PRESERVE AT ROSS CREEK (15881 LINDA AVE)
ADOPT RESOLUTION APPROVING FINAL MAP FOR TRACT NO. 10012 —
THE PRESERVE AT ROSS CREEK (15881 LINDA AVENUE), ACCEPTING
THE DEDICATIONS, AND AUTHORIZING THE TOWN MANAGER TO
EXECUTE THE CONTRACT FOR PUBLIC IMPROVEMENTS.
RECOMMENDATION:
Adopt resolution approving the Final Map for Tract No. 10012 — The Preserve at Ross Creek
(15881 Linda Avenue), accepting the dedications, and authorizing the Town Manager to execute
the contract for public improvements.
BACKGROUND:
The Town Council adopted Ordinance 2193 on September 20, 2010, approving planned
development application PD-08-04. Ordinance 2193 approved demolition of a single-family
residence and a nonpermitted second dwelling unit and construction of seven new single family
residences. The Development Review Committee approved the Tentative Map (M-10-008) on
October 19, 2010.
DISCUSSION:
Tract No. 10012 subdivides one existing parcel totaling 2.36 acres into seven single family lots,
one private street and common area parcel, and one creek side parcel to be dedicated to the Town
of Los Gatos. The developers, Mission Way Partners LLC (33% interest), Stitegarnmac LLC
(40.3% interest), Sardan LLC (17.80% interest) and HBO LLC (8.9% interest), all as tenants in
common, have provided all necessary maps and drawings, in addition to contracts,
bonds/security, and liability insurance (Attachment 2).
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator ? ' ' nce Community Development
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PAGE 2
MAY 19, 2011
MAYOR AND TOWN COUNCIL
SUBJECT: TRACT NO.10012 — THE PRESERVE AT ROSS CREEK (15881 LINDA AVE)
DISCUSSION (cont'd.):
The developer has agreed to pay the appropriate fees to fully comply with the previously -
imposed development conditions and Town ordinances, as listed on Page 2 of this report.
Although Linda Avenue is a public street and already extends to the project frontage, the
developers are required to install tie-in paving, curb and gutter, sidewalk and an ADA access
ramp to connect the proposed private street to Linda Avenue. In addition, the public storm drain
system carrying drainage from Linda Avenue will be required to extend through the property and
terminate in an outfall at Ross Creek. Public water, sewer and dry utilities will also be extended
into the property to provide services to the proposed homes.
ENVIRONMENTAL ASSESSMENT:
This activity is a project as defined under the California Environmental Quality Act (CEQA) but
is ministerial; therefore, no further action is required under CEQA.
FISCAL IMPACT:
The developers, Mission Way Partners LLC (33% interest), Stitegarmnac LLC (40.3% interest),
Sardan LLC (17.80% interest) and HBO LLC (8.9% interest); have agreed to pay the following
fees:
1. Tract Map Checking fee $ 6,250.00
2. Engineering Plan Check fee 8,009.04
3. Computer Service fee 538.14
4. Engineering Inspection fee 5,369.52
5. Storm Drainage fee (Basin 1) 24,735.00
A portion of these fees ($4,687.50) were previously paid and other fees ($72,222.04) will be paid
through an Agreement for deferred payment. Additionally, at the time of occupancy of each
home, a traffic impact mitigation fee will be due for six of the new houses to be constructed.
Credit will be given for the prior home that was demolished. The Traffic Impact Mitigation fee
is currently $5,742 per single family dwelling. These fees are due at the time of occupancy per
State statutes.
Attachments:
1, Resolution Approving Final Map for Tract No. 10012 — 15881 Linda Avenue
2. Improvement Contract, Bonds/Security and Insurance Requirements
Distribution
Mission Way Partners, LLC, 214 Almendra Ave, Los Gatos, CA 95030
Attachment 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING FINAL MAP OF TRACT NO. 10012 — THE PRESERVE AT ROSS CREEK
ACCEPTING THE DEDICATIONS AND
AUTHORIZING THE TOWN MANAGER TO SIGN THE CONTRACT
WHEREAS, on October 19, 2010, the Development Review Committee of the Town of
Los Gatos approved the Tentative Map Application M-10-008, with conditions; and
WHEREAS, those conditions required the Owner or Subdivider to do the following:
1. That prior to the delivery of said Map to the Owner of said subdivision, and prior to its
recordation, the Owner or Subdivider of said subdivision shall enter into and execute an
agreement between the Town of Los Gatos and the said Owner or Subdivider on that
certain proposed Subdivision Agreement on file in the Office of the Town Clerk, entitled,
"Contract for the Improvement of Tract No. 10012 — The Preserve at Ross Creek",
wherein the Owner or Subdivider in consideration of the approval of said Map by the
Town and acceptance by the Town of the dedication of lands for public use therein
contained, shall agree to construct and complete, within the time specified in said
agreement, all street and other improvements required of Owner or Subdivider under the
provisions in Chapter 27 of the Code of the Town of Los Gatos, and such other street,
sewer, or other improvements designated or mentioned in said agreement and/or and as
specified in the Plans and Specifications for Tract No. 10012 — The Preserve at Ross
Creek.
2. That said Owner or Subdivider shall, before the release of said Final Map to Owner of
Record, and as a condition precedent to the recordation thereof, furnish to the Town and
file with the Town Clerk cash, or a good and sufficient bond in form to be approved by the
Town Attorney, securing the faithful performance by said Owner or Subdivider of all
work, and the construction of all improvements herein in this agreement mentioned, and
within the time herein specified, the amount of cash or said bond to he Twenty Thousand
and No/100 Dollars ($20,000.00).
3. That said Owner or Subdivider shall, before the release of said Final Map to Owner of
Record, and as a condition precedent to the recordation thereof, furnish to the Town and
file with the Town Clerk certificates or policies of public liability and property damage
insurance in form satisfactory to the Town Attorney, providing public liability insurance
in the amount of Five Hundred Thousand ($500,000.00) Dollars for each person, and One
Million ($1,000,000.00) Dollars for each accident or occurrence, and property damage
coverage of Two Hundred Thousand ($200,000.00) Dollars whereby the Town of Los
Gatos, and in their capacity as such, its Council members, officers, boards, commissions,
and its employees will be insured, indemnified, and held harmless from any and all claims
of any kind or nature arising or resulting from the construction of said improvements or
other work of subdividing within or outside the said subdivision, and/or arising or
resulting from or concerning the doing or failing to do so by said Owner or Subdivider of
all things required to be done in the above mentioned agreement between said Owner or
Subdivider and the Town of Los Gatos.
WHEREAS, the Owner or Subdivider has complied with the conditions of Tentative Map
Application M-10-008.
NOW, THEREFORE, IT IS RESOLVED that the certain Final Map of Tract No. 10012
— The Preserve at Ross Creek in the Town of Los Gatos, dated February 2011, and prepared by
Westfall Engineers, Inc. for approval by the Town Engineer of the Town of Los Gatos, is hereby
approved; the Town Manager is hereby authorized to execute the agreement with the Subdivider
and all offers of land for public use therein made on said Map are hereby accepted.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 6th day
of June, 2011 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
CLERK ADMINISTRATOR OF TIIE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Attachment 2
TOWN OF LOS GATOS
PARKS & PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
PHONE (408) 399-5771
FAx (408) 399-5763
CONTRACT FOR THE IMPROVEMENT OF
TRACT NO. 10012 - THE PRESERVE AT ROSS CREEK
LOS GATOS, CALIFORNIA
SERVICE CENTER
41 MILES AVENUE
Los GATOS, CA 95031
This agreement, made and entered into, effective upon the last date this document is signed by the parties
hereto, by and between the TOWN OF LOS GATOS, a municipal corporation of the State of California, after this called
"TOWN," and Mission Way Partners, LLC, as to a 33% interest and Stitegarnmac LLC, as to a 40.3% interest
and Sardan LLC, as to -a 17.80% interest and HBO LLC, as to an 8.9% interest, all as tenants in common, after
this called "SUBDIVIDER," whose principal place of business is 214 Almendra Avenue, Los Gatos, 95030.
WITNESSETH
WHEREAS, SUBDIVIDER is engaged in subdividing that certain Tract of land known and designated as
Tract No. 10012 — The Preserve at Ross Creek, in the Town of Los Gatos, County of Santa Clara, State of California;
and
WHEREAS, a Tract Map of Tract No. 10012 — The Preserve at Ross Creek, after this called "MAP," has
been filed with the Town Clerk of Los Gatos, which map is incorporated herein by reference; and
WHEREAS, SUBDIVIDER has requested approval of the MAP before the completion of improvements of all
streets, highways, or public ways and storm drainage facilities that are a part of or appurtenant to Tract No. 10012 —
The Preserve at Ross Creek, including the necessary curbs, gutters, paving, catch basins, pipes, culverts, storm drains,
sanitary sewers, street lighting and street trees, street signs, including water system and fire hydrants acceptable to San
Jose Water Company and Santa Clara County Central Fire Protection District, all according to the plans and
specifications for all or any of said improvements in or appurtenant to Tract No. 10012 — The Preserve at Ross Creek,
which plans and specifications are now on file in the Office of the Town Engineer of said TOWN; the plans and
specifications are composed of:
Sheets numbered: 1-8 (8 sheets)
Prepared by: Westfall Engineers, Inc
Entitled: Grading and Improvement Plans Tract No. 10012 —15881 Linda Avenue, Los Gatos
Dated: March 2, 2011
After this called "PLANS"; and
WHEREAS, the Town ' Council of said TOWN did, on the
day of , 2011, adopt a Resolution approving the MAP and
accepting the dedications therein offered, subject to and on condition that the SUBDIVIDER first enter into and
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Page 2
TOWN OF LOS GATOS Contract for the Improvement of Tract No. 10012
execute this Agreement with the Town of Los Gatos, and provide the TOWN with such security for
performance and insurance and all other things as required by this Agreement and by the Resolution;
NOW, THEREFORE, to insure satisfactory performance by SUBDIVIDER of these obligations, and in
consideration of the approval of the MAP, the parties now agree as follows:
1. APPROVAL OF MAP
The Town approves the subdivision and agrees to accept the dedication of related public improvements for future
maintenance.
2. COMPLETION TIME
SUBDIVIDER shall construct all of the improvements and do all the work herein above or hereinafter mentioned,
all according to and to the extent and as provided in the PLANS and to meet all Town Ordinances and the laws of
the State of California. Work shall be completed within two (2) years from the date of this Agreement.
3. DEDICATIONS TO THE TOWN
As part of the performance of its obligations under the approval, the SUBDIVIDER shall grant to the TOWN for
public use, the real property as shown on MAP of the SUBDIVIDER'S property to be used for public utility
purposes, using such instruments of conveyance as the TOWN may require. The SUBDIVIDER warrants that the
TOWN will receive title to such real property, free of encumbrance. This warranty shall survive delivery of the
instrument.
4. FAITHFUL PERFORMANCE SECURITY
SUBDIVIDER shall, before the release of the MAP by the TOWN, for filing for record and as a condition
precedent to the recordation of it, furnish to the TOWN and file with the Town Clerk cash, an instrument of
credit, or a bond as provided by the Subdivision Map Act, in a form approved by the Town Attorney, securing
performance by SUBDIVIDER of all public work shown on the Plans, and completion within the agreed time.
The amount of cash, instrument of credit or bond shall be Twenty thousand and 00/100 Dollars ($20,000.00). It
is further agreed that after final acceptance of the work, ten (10%) percent of the bond or cash shall remain in
effect to guarantee the repair and replacement of defective materials and construction, furnished or done by the
SUBDIVIDER discovered within one (1) year after final acceptance of the subdivision improvements by the
TOWN. This limitation on the security does not shorten any time during which the TOWN may act to enforce the
SUBDIVIDER's obligations under the terms of this agreement, nor shorten any time during which TOWN or any
other person may bring an action in an appropriate court regarding the subject or performance of this agreement.
5. LABOR AND MATERIALS SUPPLIERS SECURITY
SUBDIVIDER shall, before release of the MAP by the TOWN, and as a condition precedent to its recordation,
also furnish the TOWN and file with the Town Clerk cash, an instrument of credit, or a good and sufficient bond
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Page 3
TOWN OF LOS GATOS Contract for the Improvement of Tract No. 10012
in form approved by the Town Attorney, securing payment to the Contractor, Subcontractors, and to persons
renting equipment or furnishing labor or materials to them for the improvements, the amount of additional cash,
instrument of credit, or bond to be Twenty thousand and 00/100 Dollars ($20,000.00).
6. HOLD HARMLESS
SUBDIVIDER does expressly agree to defend, indemnify and hold harmless the Town of Los Gatos, its Town
Council Members, Boards, Commissions, employees and agents, from any and all loss or damage, and from any
and all liability, including cost of defense, for any and all loss or damage, and from any and all suits, actions or
claims filed or brought by any or all persons or person because of or resulting from the acts by SUBDIVIDER of
any and all things required of SUBDIVIDER by this Agreement, or because of or arising or resulting from the
failure or omission by SUBDIVIDER to do any and all things necessary to and required by this Agreement or by
law, or arising or resulting from the negligent acts by SUBDIVIDER, SUBDIVIDER's agents, employees or
subcontractors of any and all things required to be done by this Agreement, or arising or resulting from any
dangerous or defective condition arising or resulting from any of the above said acts or omissions of
SUBDIVIDER, SUBDIVIDER's agents or employees.
7. INSURANCE
SUBDIVIDER shall, before the release of the MAP by the TOWN and as a condition precedent to the recordation
thereof, furnish to the TOWN and file with the Town Clerk, and at all times during the performance of its
obligations under this Agreement maintain the insurance described in Exhibit A.
8. TIME EXTENSIONS
If performance of this Agreement should be delayed without fault of the SUBDIVIDER, the time for the
construction of same may be extended by the Town Council for such period of time as is reasonable delay.
9. STORM DRAINAGE
SUBDIVIDER expressly agrees, at the SUBDIVIDER's cost and expense, to provide adequate drainage within
the aforementioned Tract No. 10012 The Preserve at Ross Creek and construct storm drainage discharge
facilities into the public storm drain system.
10. STORM DRAINAGE FEE
SUBDIVIDER has agreed to pay to the TOWN via Agreement for Delayed Payment storm drainage fees pursuant
to the provisions of Chapter 24 of the Los Gatos Town Code, in the total amount of Twenty Four Thousand
Seven Hundred Thirty Five and 00/100 Dollars ($24,735.00), for the area within the boundaries of Tract No.
10012 — The Preserve at Ross Creek. SUBDIVIDER has reviewed the calculations for the storm drainage fees
and agrees that they are correct.
11. MAP CHECK, PLAN CHECK AND INSPECTION FEES
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Page 4
TOWN OF LOS GATOS Contract for the Improvement of Tract No. 10012
SUBDIVIDER has agreed to pay to the TOWN via Agreement for Delayed Payment the sum of Six Thousand
Two Hundred Fifty and 00/100 Dollars ($6,250.00) to defray the costs incurred by the TOWN in reviewing and
checking the MAP for Tract No. 10012 — The Preserve at Ross Creek the sum of Eight Thousand Nine and
04/100 Dollars ($8,009.04) to defray the costs incurred by the TOWN in reviewing and checking the Plans and
Specifications, and the sum of Five Thousand Three Hundred Sixty Nine and 52/100 Dollars ($5,369.52) to
defray the costs incurred by the TOWN in inspecting the construction of the improvements within said Tract.
12. MAINTENANCE OF PUBLIC INFRASTRUCTURE
The SUBDIVIDER shall maintain all public infrastructure (streets, sidewalks, right-of-way, street light, storm
drainage facility, sanitary sewer, etc.) in a safe and usable condition at all times during construction. Should any
public infrastructure become unsafe, unusable or inoperable because of the SUBDIVIDER's activities, the
SUBDIVIDER shall immediately cease all work on the project until the public infrastructure is made safe and
usable, for which the SUBDIVIDER shall be solely responsible. Additionally, notwithstanding acceptance by
Town, Subdivider shall maintain and perform or cause to be performed repairs, additions, or corrective work
necessitated by Subdivider's omission or deficient performance for one year after acceptance.
13. CERTIFICATES OF OCCUPANCY
The TOWN will not issue any R-3 Certificates of Occupancy for homes to be built within Tract No. 10012 — The
Preserve at Ross Creek until all improvements shown on the PLANS have been completed by the
SUBDIVIDER to the satisfaction of the Town Engineer.
14. AS -BUILT PLANS
After completion of the construction of all work in the public right-of-way or public easements, the original plans
shall have all changes (change orders and field changes) clearly marked. The "As -built" plans shall again be
signed and "wet -stamped" by the engineer who prepared the plans, attesting to the changes. The original ''As -
built" plans shall be reviewed and approved by the Engineering Inspector. A photo Mylar of the approved "As -
built" plans shall be provided to the TOWN before the release of the Faithful Performance Security.
15. NOTICES
Notices regarding this Agreement shall be given as follows and shall be considered effective upon either personal
delivery or five (5) days following deposit in the U.S. Mail:
To SUBDIVIDER: Mission Way Partners, LLC Attn: Terry McElroy
214 Almendra Ave.
Los Gatos, CA 95030
To TOWN:
Kevin Rohani, Town Engineer
Parks and Public Works Department
41 Miles Avenue
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Page 5
TOWN OF LOS GATOS Contract for the Improvement of Tract No. 10012
Los Gatos, CA 95030
16. WAIVER
Waiver of a breach of default under this Agreement shall not form a continuing waiver or a waiver of a
subsequent breach of the same or any other provision of the Agreement.
17. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this
Agreement shall remain in effect.
18. ENTIRE AGREEMENT AND AMENDMENT
This Agreement constitutes the complete and exclusive statement of this agreement between TOWN and
SUBDIVIDER. No verbal agreement or conversation with any officer, agent, or employee of TOWN, either
before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations
contained in the Agreement.
19. PAYMENT OF OUTSTANDING FEES
Prior to acceptance of public improvements for permanent maintenance by Town, Subdivider shall pay all
outstanding fees which are due in accordance with this Agreement and the Code of the Town of Los Gatos.
20. REVERSION TO ACREAGE
If Subdivider fails to perform its obligations under this Agreement, Subdivider consents to reversion to acreage of
the land which is the subject of this Agreement pursuant to Government Code Section 66499.16 and to bear all
applicable costs.
21. ACTIONS TO ENFORCE
If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, expert witness
fees and costs, in addition to any other relief to which they may be entitled.
22. REIMBURSEMENT OF ATTORNEYS FEES
In the event of any third party claim or legal challenging any action taken by Town with regard to any procedure
or aspect of this Agreement, including approval or environmental review process, if the Town chooses to defend
the claim or action, the Subdivider agrees to reimburse the Town for attorneys' fees, expert witness fees, and any
other costs Town may incur in connection with its retention of legal counsel, and for any award of court costs of
fees against the Town.
23, AGREEMENT BINDS SUCCESSORS
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Page 6
TOWN OF Los GATOS Contract for the Improvement of Tract No. 10012
This Agreement pertains to and runs with the land benefited by the privileges it grants and binds the successors in
interest of the parties to this Agreement. This Agreement shall be recorded in the Official Records of the County
of Santa Clara.
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Page 7
TOWN OF LOS GATOS Contract for the Improvement of Tract No. 10012
TOWN OF LOS GATOS
TOWN MANAGER
ATTEST:
CLERK ADMINISTRATOR
APPROVE AS TO FORM:
TOWN ATTORNEY
RECOMMENDED BY:
DIRECTOR OF PARKS AND PUBLIC WORKS
/(d$t L
, Ji-ej t C C l
GtA P vki c..J& 1 Pa u_c_ 67
DATE:
DATE:
DATE:
DATE:
SUBIMVIDER.
DATE
DATE:
1\1:\PPW\ENGINEERING\DRC\Linda Ave-15881-subdivision\Bonds and Agreements\SIA - Linda Ave - 15881 Imp Agmt-051711.docx
ADDENDUM - SIGNATURE PAGE
MIS ION WAY PARTNERS LLC, a California limited liability company
Terry McElroy
STITEGARNM LC, 6. Ca(ornia limited liability .company
Stephen Guzzetti
Clyde Stiteler
/14
) r%T��, �_�, -IA I/ ,-1
Victoria McElroy Trustee
Terry eElroy Trustee
M
Terry McElroy President McElroy
Prop Inc
N L �, alil'� rnIla limited liability company
/.±
Sarah Holloway Trustee
7�'�l'i{;4a/. /(--- —(11
Terry McEroy Trustee Victoria McElroy Trus
Stephen Guzzetti Trustee
Susan Guzzetti Trustee)>>
HBO LLC, a California limited liability company
/1,44-C,
I
Hanne O ofsen Truste
State of California
SS.
County of (02:75_
On,/ do if before me, . ekt_gin A
)6?.4)-4 , a Notary
Public hi and for said State, personally appeared lL1 /79 , who' roved to me on the basis of
satisfactory evidence to the person(s) whose name(s) is are subscribed- o 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.
11171-04—
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 (Seal)
State of California
County of
G. 8, CALKINS
• Comm. # 1790298
'MARY PIRIC-CALIFORNIA .11/
SANTA CLARA COUNTY
MY COW. EXP, FE0. 24, 2012
Onit before me, 0-7 6 , 6-11-tiztel s , a Notary
Public in and for said State, personally appeared Slt.a „At; who proved to me on the basis of
satisfactory evidence to the person(s) whose name(s) i /are th. scribed 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.
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
(Seal)
. B. CALKINS
Comm. # 1790298
NOTARY PUBLIC-CMIRXimA vi
SANTA CLARA COUNTY '74
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State of California
County of 4,,r,Ltiti.
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satisfactory evidence to 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.
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
(Seal)
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G, B. CALKINS AAj
NOTARY HaIC CAEIFeniii YE
ME COW, X ND. 29, 2012'
State of California
SS.
County of
On 02 before me, a ,1?. (_'.A-1-4 in S , a Notary
Public in and for said State, personally appeared it s al.%R. sdh , who proved to me on the basis of
satisfactory evidence to the person(s) whose name(s) is/ar'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 ins rent the person(s), or the entity upon behalf of which the person(s) acted., executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature / } (Seal)
G. B. CAL ir;L NS'''
COMM, # 179Q29
NOTARy UC-CAtIr NA (i
SANTA DMA CQQNTY "
PYgww•,„:aww'COWL 1Xp.FED, 2„ :,�012 gr 1
State of California
County of
On : ,al before me, e • el• 04-1.1,14 t7 , allotary
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to rne 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.
1 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.
G. B. C LA KINS er
* COMM. # 1790298 '
5tr NOTARY PUAIW'. GALIfORNfA
SANTMY Ca M. EXP. FEB. 24, 2012
State of California
SS.
County of
On ? 1/ before me, ,r 6 o 3 , d-..-t 1 S , a Notary
Public in and for said State, personally appeared Da A, I z , who proved to me on the basis of
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tt t behalf which the r eri the
signature(s) on the instrument the person(s), or the er�tii, j upon ��ilall of person(s) aced, executed ���ti
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
G. B, CALKINS
'�COMO,RY # 1790298 S,
r '! •
SANPA CLARA COUN catFoRNW U"/
Mr Cam Op Fsn, 24, 2012 °°
Signature c'_ (Seal)
State of California
SS.
County of
On // before me, 6. I. s , allotary
Public in and for said State, personally appeared Vic -Writ, ()Win, , who proved to me on the basis of
satisfactory evidence to the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the sarne 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.
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.
C. p CALKINS m
NOTARYIPU@11C.CAlIF R8NIA U!
Y C�
O! M.EXP. FE6.. 24CLARA r2012 g
Signature /"" (Seal)"'"`"��-*
State of California
SS.
County of
On ,il,2 before me, g . a Notary
Public in and for said State, personally appeared OOh ft �,, o e-1e-c- , who proved to me on the basis of
satisfactory evidence to the person(s) whose narne(-�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 instalment the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
C. B. CALKINS
COMM, # 1790298 rrnn
NOTARY PURLIC•CALIFORNV vF
rSANTA CLARA COUNTY "
Mr Co m. CZP. Fa. 24, 20121
7`t°Fi�:�4'yN•C'6y+Wryp^I 1`fft�l'SR
Signature (Seal)
EXHIBIT A
INSURANCE REQUIREMENTS
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and
Insurance Services Offices form number GL 0404 covering Broad Form Comprehensive General Liability; or
Insurance Services Office Commercial General Liability coverage ("occurrence" form GC 0001).
2. Insurance Services Office form number CA 0001(Ed. 1/78) covering Automobile Liability, code 1 "any auto"
and endorsement CA 0025.
3. Worker's Compensation insurance as required by the Labor Code of the State of California and Employers
Liability Insurance.
B. BEGINNING OF WORK
SUBDIVIDER shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code
of the State of California and Employers Liability limits of $1,000,000 per accident.
C. DEDUCTIBLES AND SELF -INSURED RETENTIONS
Any deductibles or self -insured retentions must be declared to and approved by the Town of Los Gatos. At the
option of the Town of Los Gatos, either: the insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects the Town of Los Gatos, its officers, official, employees and volunteers; or the SUBDIVIDER
shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense
expenses.
D. OTHER INSURANCE PROVISION
The policies are to contain, or be endorsed to contain the following provision:
1. General Liability and Automobile Liability Coverages
a. The Town of Los Gatos, its officers, official, employees and volunteers are to be covered as insured as
respects: liability arising out of activities performed by or on behalf of the SUBDIVIDER, products and
completed operation of the Contracts, premises owned, occupied or used by the SUBDIVIDER, or
automobiles owned, leased, hired or borrowed by the SUBDIVIDER. The coverage shall contain no
special limitation on the scope of protection afforded to the Town of Los Gatos, its officers, officials,
employees, or volunteers.
b. The SUBDIVIDER's insurance coverage shall be primary insurance as respects the Town of Los Gatos, its
officer, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town of
Los Gatos, its officers, officials, employees, or volunteers shall be excess of the SUBDIVIDER's insurance
and shall not contribute with it.
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c. Any failure to comply with reporting provision of the policies shall not affect coverage provided to the
Town of Los Gatos, its officers, officials, employees, or volunteers.
d. The SUBDIVIDER's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Town of Los Gatos, its officers, officials,
employees, or volunteers for losses arising form work performed by the SUBDIVIDER for the Town of Los
Gatos.
3. All Coverages
Each insurance policy required by this clause shall be endorsed to state that the coverage shall no be suspended,
voided, canceled by either party, reduced in coverage or in limits except 'after thirty (30) days prior written
notice by certified mail return receipt required, has been given to the Town of Los Gatos.
E. ACCEPTABILITY OF INSURERS
Insurance is to be place with insurers with a Best's rating of no less than B+.
F. VERIFICATION OF COVERAGE
SUBDIVIDER shall furnish the Town of Los Gatos with certificates of insurance and with certificates of insurance
and with original endorsements effecting coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a persona authorized by that insurer to bind coverage on its behalf The
certificates and endorsements are to be on forms approved by the Town of Los Gatos. Where by statute, the Town
of Los Gatos's workers' compensation -related forms cannot be used, equivalent forms approved by the State
Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by
the Town of Los Gatos before work commences. The Town of Los Gatos reserves the right to require complete,
certified copies of all required insurance policies, at any time.
G. SUBCONTRACTORS
SUBDIVIDER shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
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