Exhibit 2 - Agreement — Alameda City Council, April 19, 2022

Recording Requested By:

City of Alameda
When recorded, return to:

City of Alameda
Public Works Department
Robert Vance, City Engineer
950 West Mall Square, Room 110
Alameda, CA 94501
Assessor's Parcel Numbers: 074-1373-13, 074-1373-001, -002-2, -002-3, -003-2 & 074-1366- 009
Tract Map 8617, Alameda Landing Bay 37 - Phase 3
Document Exempt from Recording Fee: Government Code Section 6103

SUBDIVISION IMPROVEMENT AGREEMENT
This Subdivision Improvement Agreement ("Agreement") dated as of this __ day of _____ , 2022 ("Effective Date") is entered into by and between the City of Alameda, a municipal corporation in the County of Alameda, State of California ("City"), and Pulte Home Company, LLC, a Michigan Limited Liability Company ("Developer"), with reference to the following facts and circumstances:

RECITALS
A. Developer and the City (as successor-in-interest to Community Improvement Commission of the City of Alameda, a public body corporate and politic (the "CIC")) have entered into that certain Disposition and Development Agreement, originally dated December 5, 2006, and first amended December 4, 2007; and
B. Developer has presented a proposed Tract Map to City, identified as Tract Map No. 8617. The Tract Map of the Subdivision has been reviewed by the City's Public Works and Planning Directors and found to be in substantial compliance with the Final Development Plan. approved by the City Planning Board on October 14, 2019 by Resolution No. PB-19-21; and C. On October 14, 2019, the City Planning Board held a duly noticed public hearing and adopted Resolution No PB-19-22 recommending approval of a Tentative Map for Tract No. 8524, Phase 1 through 3, with conditions which are on file in the Public Works Department and incorporated herein by this reference; and
D. On November 19, 2019, the Alameda City Council adopted Resolution No. 15609 ("Resolution of Approval") approving Tentative Map for Tract No. 8524, Phase 1 through 3, with conditions which are on file in the Public Works Department and incorporated herein by this reference; and
E. The California Subdivision Map Act (Government Code Section 66410, et seq.) ("Map Act") and the City's ordinances and regulations relating to the filing and recordation of subdivision and parcel maps (hereinafter the Subdivision Laws) provide that as a condition precedent to the approval of a final map that the Developer must have complied with the Resolution of Approval and have either (1) completed, in accordance with City Standards, all of the improvements and land development work required by the Subdivision Laws and the Resolution of Approval or (2) entered into a secured agreement to the City to complete the improvements and land development within a period of tie specified by the City; and F. Construction of the required Public Infrastructure Improvements, however, has not been completed nor have such improvements been accepted by City. In accordance with the Subdivision Laws and in consideration of the approval of the proposed Tract Map and acceptance of the irrevocable offers of dedication of public right-of-way easements and acceptance of the permanent maintenance of the required Public Infrastructure Improvements, the parties desire to establish an agreement binding Developer to complete the required improvements as required by the Subdivision Laws, the Resolution of Approval and the terms and conditions set forth therein and to provide improvement security therefor as required by the Subdivision Laws and approved by the City Attorney.

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the mutual covenants, promises and agreements herein contained, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto mutually agree as follows:

1. Approval: Approval of Tract Map No. 8617 by City shall be conditioned upon the recordation of this Agreement with the Alameda County Recorder.

2. Construction Obligation:
a. Developer agrees at Developer's sole cost and expense to cause all required off-site and on-site Public Infrastructure Improvements identified in the conditions to the approval of the Subdivision and shown on approved Improvement Plans (the "Work") to be prepared and completed to the City's satisfaction and approved by the City as set forth in Sections 16 and 17 below, within two (2) years from the Effective Date of this Agreement, subject to delays due to Force Majeure Events (as defined in Section 21 below) and extreme weather events as described in Section 22 below. A copy of such conditions and Improvement Plans is on file in the Public Works Department.
b. Except for delays due to Force Majeure Events and extreme weather events, which may extend the time for performance under this Agreement as further described in Sections 21 and 22, no extension of time shall be made, except upon the basis of a written application made 2 by Developer to the Public Works Director, stating fully the grounds of the application and facts relied upon for such an extension. The Public Works Director shall determine whether there is good cause for the extension, and upon a determination of good cause may extend the time for commencement or completion of improvements for a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in writing by the Public Works Director.

Any extension may be conditioned upon an increase in security and inspection fees to reflect current costs. Neither such extension nor other delay by City shall constitute a waiver of any of the obligations of Developer or Developer's surety. Any extension may be granted without notice to the Developer's surety, shall not affect the validity of the bonds, and shall not relieve the surety's liability on any of the bonds required by this Agreement. In the event an extension is granted, Developer agrees to promptly extend the term of all surety bonds or other surety acceptable to City. All such bonds and/or other surety are subject to review and approval (not to be unreasonably withheld, conditioned, or delayed) by the City Attorney for legal sufficiency, and if no bonds or other surety acceptable to the City Attorney are provided to secure Developer's perfonnance, the extension shall be void.

3. Easements and Pennits: Developer shall, at Developer's sole cost and expense, in connection with the Work: a) provide any and all rights of way and easements which may be necessary or convenient for the Subdivision and its required improvements; b) obtain all necessary permits and licenses for the construction of the required improvements; c) give all necessary notices; and d) pay all fees and taxes required by law. The description and title to any rights of way or easements not shown on the final map shall be subject to approval as to fonn by the City Attorney and shall not be subject to any prior rights or liens, unless approved by the City Engineer and the City Attorney.

4. Perfonnance of the Work: Construction of the Work shall commence within a reasonable time. Developer agrees to perfonn the Work in a workmanlike and professional manner, in accordance with all requirements of State and local law, including the Alameda Municipal Code, Public Works Standard Specifications, or any subsequent revisions thereof, and according to the plans and specifications approved by the Public Works Director, prepared by CBG entitled "Bay 37 - Phase 3 Improvement Plans" permitted as PWD22-0003 and filed in the office of the Public Works Director. Developer agrees that all details and notes shown on the Improvement Plans shall be made a part of the improvements.

5. Modifications: Developer may modify such plans and specifications as the development progresses should unforeseen conditions occur, provided advance written approval is obtained from the Public Works Director. City reserves the right to make or require reasonable modifications to the plans and specifications whenever field conditions and/or public safety require such modifications. Developer shall pay City for all costs including, without limitation, plan check and inspection costs resulting from any such modifications. Developer shall provide personal supervision of the Work or have a competent contractor, foreman or superintendent on the Work at all times during work progress with authority to act for Developer.

6. 1 Compliance and Inspection: All development activity shall be in compliance with conditions of approval of the Subdivision and measures imposed to mitigate adverse environmental effects of the project including any monitoring program(s). All improvements shall be inspected by City for strict compliance with City permits, standards, plans, specifications, 3 perfonnance criteria and Subdivision regulations. Concurrent with the execution of this Agreement, Developer shall pay to City a deposit to cover ongoing Public Works plan check and inspection costs in accordance with the then current City of Alameda Master Fee Schedule.

7. Access to Work: Developer shall allow City's duly authorized representatives' access to the Work at all times and shall furnish them with every reasonable facility for ascertaining that the methods, materials and workmanship comply with the requirements and intent of the approved plans. Developer is required to give at least one day's advance notice of the date upon which the Work is commenced and the date upon which the Work is to be completed. City may reject defective Work and require its repair, replacement or removal by Developer, all at no expense to City.

8. City Services: Developer agrees to and shall be financially responsible for all required City services provided to the Subdivision or to Subdivision residents for use within the Subdivision prior to acceptance of improvements by City.

9. Developer Not Agent of City: Neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the perfonnance of Developer's obligations under this Agreement.

10. Developer Responsibility for Work: Until such time as the improvements are accepted by City, Developer shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed, passed final inspection and, if to be dedicated to City, are actually dedicated and accepted by City, Developer will be responsible for the care, maintenance of, and any repairs or reconstruction to remedy any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Work specified in this Agreement prior to the completion and acceptance of the Work, except to the extent resulting from the gross negligence or willful misconduct of the City or any City Parties (as defined in Section 24.c.).

11. Obligation to Warn Public: Until final acceptance of the improvements, Developer shall give good and adequate warning to the public of each and every potentially defective or dangerous condition which exists or arises in said improvements, and will take all reasonable actions to protect the public from such unsafe condition(s).

12. Sale or Disposition of Subdivision: This Agreement runs with and encumbers the Subdivision, and the sale or other disposition of the property will not relieve such parties from the obligations set forth herein. If the property or any portion of the property within the Subdivision is sold to any other person, Developer may request from City a novation of this Agreement and a substitution of security. Upon approval of the novation by the City Council and substitution of securities from City, which approval shall not be unreasonably withheld, conditioned, or delayed, Developer may obtain a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve Developer of the obligations under this Agreement for the Work done by or on behalf of Developer. Developer shall give written notice to City within ten ( 10) days after close of escrow of any sale or transfer of all or any portion of subject property and any assignment of this Agreement, specifying the name or names of the assignee, the Assignee's 4 mailing address, the amount and location of the land sold or transferred, evidence of the express assumption of the obligations hereunder, and the name and address of a single person or entity to whom any notice relating to this Agreement shall be given.

13. Improvement Security:
a. To insure full and faithful performance of this Agreement and in accordance with the requirements of the Subdivision Laws, Developer shall file with this Agreement the following security in the type and amounts specified:
(1) Faithful performance security in the sum of $1, 724,000 to cover all costs of public and private improvements, which is equivalent to one hundred percent ( 100%) of the approved estimate for the cost of improvement.
(2) Labor and materials security in the sum of $1, 724,000 to ensure payment in full of all persons, firms and corporations who perform labor or furnish materials for work done on said public and private improvements, which is equivalent to one hundred percent (100%) of the approved estimate for the costs oflabor and materials. b. Developer shall furnish the bonds from a bonding company acceptable to the City Attorney.

14. Form of Security: All security shall be of a type specified in Government Code Sections 66499(a)(l), (2) or (3), and must be satisfactory to and approved by the City Attorney as to form. In conjunction with the submittal of bonds, Developer shall also furnish the following information:
a. The original or a certified copy of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bonds to do so;
b. A certificate from the Clerk of Alameda County that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled or suspended, or in the event that it has, that renewed authority has been granted; and c. Certificates of deposit shall not be deemed to be satisfactory security unless such certificates provide that City is the owner of record of such funds. City shall be the sole indemnitee named on any instrument required by this Agreement. In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney's and expert witness fees, incurred in enforcing the obligation secured.

15. Acceptance oflmprovements: No improvement shall be accepted by City unless and until it is free of all liens and encumbrances (other than encumbrances created by or on behalf of the City), free of all material defects and conditions which may create a hazard to the public health, safety or welfare and until Developer has set and established survey monuments in accordance with the Tract Map and to the satisfaction of the Public Works Director. Upon completion of final inspection of the improvements described herein, Developer shall comply with Section 8180 of the Civil Code and shall immediately deliver to the Public Works Director a copy 5 of the notice of completion required by said section bearing certification of recordation by the County Recorder. In addition, all properties, rights-of-ways, easements and other interests to be dedicated to City shall be, before acceptance thereof by City, free and clear of all liens and encumbrances of any kind or character whatsoever (other than encumbrances created by or on behalf of the City) and free of any and all material defects and conditions creating a hazard to public health or public safety.

16. Final Acceptance of Work: Acceptance of the work on behalf of the City shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act on the City Engineer's recommendation within sixty (60) days from the date the City Engineer certifies that the work has been finally completed, as provided in this Agreement. Such acceptance shall not constitute a waiver of defects by the City. Upon formal final acceptance by the City Council as set forth herein and recordation of the Resolution of Acceptance of Public Improvements, ownership of the improvements constructed pursuant to this Agreement shall vest in the City.

17. Guarantee and Security: Developer guarantees that all improvements shall be free from defects of materials or work quality and shall perfonn satisfactorily for a period of at least one (1) year from and after acceptance of such improvements by City as complete, and Developer shall repair any defects in any such improvements and replace any defective improvements which cannot be repaired and which occur or arise within the one (1) year period at Developer's own expense. Should Developer fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Developer can be notified, City may, at its option, make the necessary repairs or replacements or contract for the necessary work and Developer shall pay to City the actual cost of such repairs as well as all administrative expenses incurred by City.

Concurrent with acceptance of Subdivision improvements, Developer shall provide a warranty security equivalent to ten percent (10%) of the improvement security for the guarantee and warranty of the work for a period of one ( 1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, subject to the limitations of Section 66499.9 of the Map Act.

18. Exoneration of Surety: Subject to Section 12 above, City shall not be required to exonerate any surety, release any security relating to satisfactory completion of the improvements or issue occupancy permits until acceptance of proposed public improvements by City or, in the case of improvements which will not be dedicated to and accepted by City, until the improvements have passed final inspection by City. In addition, release of security, exoneration of sureties and issuance of occupancy permits will be predicated upon the receipt of required maintenance and/or warranty agreements and security therefore, as well as payment of all outstanding fees, penalties, accrued interest, and reimbursements due City.

19. Building Permit Requirements: Prior to issuance of any building permit, Developer shall comply with all conditions precedent to issuance, including without limitation, the Uniform Fire Code requirements relating to access and water supply. Developer shall also pay the applicable Property Development Excise Tax, as well as all required fees. No building pennit shall be issued until all of the tract improvements are constrncted and accepted by the City 6 Engineer, except as otherwise permitted by the Map Act and as approved by the City Engineer.

The subdivider shall pay all applicable impact fees and all other fees due to the City and related to the Tract Map and associated improvements.

20. Default of Developer: Default of Developer under this Agreement shall include, but not be limited to, Developer's failure to timely commence construction of the development; Developer's failure to timely complete construction of the improvements; Developer's failure to timely cure any defect in the improvements; Developer's failure to perform substantial construction work for a period of thirty (30) consecutive calendar days after commencement of the Work; Developer's insolvency, appointment of a receiver or the filing of any petition in bankruptcy either voluntary or involuntary which Developer fails to discharge within thirty (30) days; the commencement of a foreclosure action against Developer or any owner or member of all or a portion thereof or any conveyance in lieu or in avoidance of foreclosure; or Developer's failure to perform any other obligation under this Agreement. Developer shall timely notify the Public Works Director of Developer's insolvency, appointment of a receiver, the filing of a petition for bankruptcy, the commencement of a foreclosure action or any conveyance in lieu thereof.

In addition to specific provisions of this Agreement, performance by either party shall not be deemed to be in default where delays or defaults are for reasons beyond the commercially reasonable control of such party due to war; insurrection or acts of civil disobedience; strikes; lock outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; the pendency of any mediation, arbitration, litigation or other administrative or judicial proceeding affecting the subject property or a party's ability to perform its obligations under this Agreement (excluding financial inability); inability to secure necessary labor, materials or tools; acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the commercially reasonable control or without the fault of the party claiming an extension of time to perform which substantially interferes with such party's performance under this Agreement (collectively, "Force Majeure Events"). An extension of time for any such cause shall only be for the period of the Force Majeure Event, which period shall commence to run from the time of the commencement of the Force Majeure Event. A party claiming an extension due to a Force Majeure Event shall notify the other party in writing within thirty (30) days after commencement of the Force Majeure Event. If, however, notice by the party claiming such extension is sent to the other parties more than thirty (30) days after the commencement of the Force Majeure Event, then, unless otherwise agreed by the parties, the extension period shall commence to run only thirty (30) days prior to the giving of such notice.

21. Weather Delays: Developer shall not be deemed to be in breach of this Agreement if the cause of a delay in the time for performance is caused by extreme weather conditions that prevent the Work from being performed pursuant to the Agreement. Such delay shall be evidenced by actual weather and rainfall surveys and such delayed components of the Work must be shown to be critical path items in the completion of the Work. If Developer claims an extension due to extreme weather conditions Developer shall notify City in writing within thirty (30) days after the commencement of such extreme weather conditions. If, however, notice by Developer is sent to City more than thirty (30) days after the commencement of such extreme weather conditions, then, 7 unless otherwise agreed by the parties, the extension period shall commence to run only thirty (30) days prior to the giving of such notice.

22. Remedies in Event of a Default: In the event of Developer's default (beyond any reasonable cure periods and subsequent to City's written notice to Developer of such default):
a. City reserves to itself all remedies available to it at law or in equity. Any remedies specified herein are in addition to and not in lieu of other remedies available to City.

Developer agrees that City has full discretion in choosing the remedy or remedies to pursue and that the failure of City to take enforcement action shall not be construed as a waiver of that or any subsequent default or breach.
b. Developer, the surety and any person, firm, partnership, entity, corporation, or association claiming any interest in the real property described in this Agreement and each of them shall totally reimburse City for its reasonable costs and expenses (including reasonable attorneys' fees and costs), including interest thereon at the maximum rate allowed by law, from the date of notification of such cost and expense until paid. Such obligation for reimbursement shall not be limited by the amount of the estimates set forth or by such security as may have been provided to City in connection with this Agreement. Such amounts and interest accrued thereon shall constitute a lien on the Subdivision property.
c. City may enter onto the subject property, take over the Work and prosecute the same to completion by contract or any other method City deems advisable, and, in such event, City, without liability for so doing, may take possession of and utilize in completing the Work, such materials, appliances, plant and other property belonging to Developer which may be on the site of the work and necessary performance of the Work. d. City may record a Notice of Violation against all lots in the Subdivision, revert the Subdivision to acreage and/or withhold or revoke all building, zoning and occupancy permits.

23. Indemnity/Hold Harmless:
a. Developer shall be solely responsible and save City harmless for all matters relating to the payment of Developer's employees and agents, including compliance with social security, withholding and all other regulations governing such matters. b. To the maximum extent permitted by law, Developer shall hold harmless, defend (with counsel acceptable to the City) and indemnify City, its City Council, boards, commissions, officials, employees, agents, and volunteers (collectively, "lndemnitees") from and against any claim, action or proceeding against Indemnitees to attack, set aside, void or annul an approval of City concerning the Subdivision property or any portion thereof, which action is brought within the time period provided for in Government Code Section 66499.37. City shall promptly notify Developer of any claim, action or proceeding and City shall cooperate fully in the defense. If City fails to promptly notify Developer of any claim, action or proceeding or if City fails to cooperate in the defense, then thereafter, Developer shall not be responsible to defend, indemnify or hold harmless City.
8 c. Developer further agrees that it will hold hannless, defend (with counsel acceptable to the City) and indemnify the Indemnitees from and against any and all loss, liability, obligations, expense, claim, lawsuit, judgment, costs (including costs of defense and attorneys' fees) and damages of every kind caused to any person or to the property of any person which may occur on any portion of the propeiiy then owned by Developer and caused by any acts or omissions of Developer or its agents, servants, employees or contractors in the performance of its duties under this Agreement. The foregoing indemnity shall exclude any indemnified matters to the extent they result from (x) the gross negligence or willful misconduct of the City or its boards, commissions, councils, departments including the electric utility Alameda Municipal Power, officers, employees, and agents (collectively, "City Parties"); or (y) the mere discovery by Developer or its agents of any preexisting condition of Hazardous Materials in, on, under or about the Subdivision, so long as Developer or its agents or employees in no way exacerbate such pre existing condition of Hazardous Materials.

24. Insurance: Without limiting Developer's indemnification provided herein, Developer shall procure and maintain at all times during the life of this Agreement the following policies of insurance with insurers (if other than the State Compensation Fund) with a current A.M.

Best's rating of no less than A:VII, unless otherwise acceptable to City, against injury to persons or damage to property which may arise from or in connection with the performance of work hereunder by Developer, its agents, employees or subcontractors:
a. Developer's Coverage: Developer shall maintain insurance coverage and limits at least as broad as the following requirements, and the policies shall contain, or be endorsed with, the provision that coverage shall not be canceled nor reduced in coverage without thirty (30) days prior written notice (ten (10) days for non-payment of premium) to City by certified mail:
(1) Workers' Compensation: Statutory coverage as required by the State of California Workers' Compensation with statutory limits as required by the California Labor Code. Said policy shall contain or be endorsed to provide that the policy shall not be canceled without thirty (30) days prior written notice to City and that the policy shall provide for a waiver of subrogation against City, its City Council, boards, commissions, officials, employees, agents and volunteers.
minimum limits:
(2) Liability: Commercial general liability coverage in the following Bodily Injury:

Property Damage:
$1,000,000 each occurrence
$2,000,000 aggregate - all other
$1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above.
(3) Automotive: Comprehensive automobile liability coverage (any auto) in the following minimum limits:
9 Bodily injury:

Property Damage:
or
Combined Single Limit:
$1,000,000 each occurrence
$1,000,000 each occurrence
$2,000,000 each occurrence
The amount of any deductible or self-insured retention over $5,000 shall be declared to and security posted guaranteeing payment of losses and defense costs. ( 4) Pollution Prevention: Legal liability required for exposure to hazardous materials in the amount of $2,000,000 each occurrence. (5) Builders Risk: Insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty prov1s10ns.
b. Subrogation Waiver: Developer hereby agrees to waive rights of subrogation which any insurer of Developer may acquire from Developer by virtue of the payment of any loss.

Developer agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Developer, its employees, agents and subcontractors.
c. Failure to Secure: If Developer at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be pennitted to obtain such insurance in Developer's name or as an agent of Developer and shall be compensated by Developer for the costs of the insurance premiums, plus interest at the maximum rate permitted by law, and computed from the date written notice is received that the premiums have not been paid. d. Additional Insured: City, its City Council, boards, commissions, officials, employees, agents and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
e. Multiple Insured: The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the insurer's liability. 10 f. Primary Coverage: For claims related to this project, Developer's insurance shall be primary and non-contributory and will not seek contribution from the City's insurance or self-insurance.
g. Failure or Breach by Developer: Any failure by Developer to comply with reporting or other provisions of this Agreement, including breach of warranties, shall not affect coverage provided to City, its officers, employees and agents. h. Professional Liability/Engineering Consultants: Developer shall cause any of its geotechnical and civil engineering consultant to maintain professional liability insurance, which includes coverage for the professional acts, errors and omissions of each consultant in the amount of at least $2,000,000 per occurrence or claim. Such professional liability insurance will have an inception date or a retroactive date coinciding with or prior to the date services are first perfonned and coverage shall be provided for at least five ( 5) years after the date the Work or the services are accepted. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy fonn with a retroactive date prior to the contract effective, or start of work date, the Developer must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
i. Contractor's Insurance: Before construction begins, Developer shall provide City with a letter stating its general contractor ("Contractor") for the project in the Subdivision. Work on the project may then begin and continue as long as that Contractor is engaged as the Contractor on the job. No other Contractor may be substituted unless and until a letter naming the new general contractor is provided to City along with the necessary evidence of all required insurance. Developer shall cause the Contractor and all subcontractors to provide the following insurance coverages:
(1) On or before the commencement of the agreement between the Developer and Contractor, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs below. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to City by certified mail, Attention: Risk Manager." Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming City, its City Council, boards, commissions, officials, employees, agents and volunteers as additional insured shall be submitted with the insurance certificates.
• Contractor shall maintain the following insurance coverage:
• Workers' Compensation: Statutory coverage as required by the State of California.
11 • Liability: Commercial general liability coverage in the following minimum limits:

Bodily Injury:
$2,000,000 aggregate - all other
Property Damage:
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each occurrence
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. • Automotive: Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury:

Property Damage:
or
$1,000,000 each occurrence
$1,000,000 each occurrence
Combined Single Limit:
occurrence
$2,000,000 each
• Pollution Prevention: Legal liability required for exposure to hazardous materials in the amount of $2,000,000 each occurrence.
• Builders Risk: Insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty prov1s1ons.
(2) Subrogation Waiver: Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
(3) Failure to Secure: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be pennitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. (4) Additional Insured: City, its City Council, boards, commissions, officials, employees, agents and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional 12 insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. j. Sufficiency of Insurance: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein.

25. Notices: All notices, demands, requests, or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed to City or Developer as hereinafter provided.

City:

With copy to:

Developer:

City of Alameda
City Attorney's 'Office
City Attorney
2263 Santa Clara Avenue, Room 280
Alameda, CA 94501
510-7 4 7-4 7 5 0
City of Alameda
Public Works Department
City Engineer
950 W. Mall Square, Room 110
Alameda, CA 94501
510-747-7900
Pulte Group, Inc.

Alameda Landing Project
4511 Willow Road, Suite 8
Pleasanton, CA 94588
(925) 249-3259

26. Attorney's Fees: In the event any party to this Agreement brings an action to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to recover reasonable attorney's fees from the other party, whether or not such action or proceeding is prosecuted to judgment. This provision shall be in addition to any provisions regarding attorney's fees set forth in the bonds securing this Agreement.

27. Governing Law: This Agreement shall be construed and interpreted according to California law, and any action to enforce the terms and conditions of the Agreement or for the breach thereof shall be brought and tried in the County of Alameda, California. 13 28. Time of Essence: Time is of the essence.

29. Severability: The provisions of this Agreement are severable. If any portion is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.

30. Entire Agreement: This Agreement constitutes the entire agreement with respect to the subject matter and all modifications, amendments or waivers under this Agreement must be in writing and signed by the authorized representatives of the parties. In the case of City, the appropriate party shall be the Public Works Director.

31. Reference: Any reference to a department manager shall include his or her duly authorized designee, deputy or representative.

32. Recordation: Upon request by City, Developer agrees to execute and acknowledge a memorandum of this Agreement for recordation with the Alameda County Recorder. By recordation of this Agreement or a memorandum hereof, it is the parties' intent to provide notice to future purchasers that the obligations and benefits set forth shall run with the land. At its option City may record the Agreement or memorandum or may require Developer, at Developer's cost, to record such Agreement or memorandum and may withhold City permits until proof of recordation is provided to City.

33. Counterparts: This Agreement may be executed in any number of counterparts (including by fax, PDF or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

34. Agreement runs with the real property: This Agreement pertains to and runs with the real property included within Tract Map 8617 which land is expressly agreed to benefit from the privileges granted to Developer under this Agreement, and binds the beneficiaries, heirs, assigns, successors in interest of Developer.
14 IN WITNESS WHEREOF , Developer and City have hereunto caused their hands to be subscribed through their duly authorized officers:

Pulte Home Company , LLC
a Michigan Limited Liability company
By w~qJJ.w
Name: W'Jy_)~ (, s~~

CITY OF ALAMEDA
a municipal corporation
Eric J. Levitt
City Manager
RECOMMENDED FOR APPROVAL :

Robert Vance
City Engineer
APPROVED AS TO FORM :

Celena H. Chen or Elizabeth A. Mackenzie
Assistant City Attorney
15 CERTIFICATE OF ACKNOWLEDGMENT
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 only the truthfulness, accuracy, or validity of that document State of California
County of Alameda
On /Udrc,A 6 i./orUJt-l N t , o ary 20 ..2.2-; before me Ji,.y,· lfnn J..(IN v
Public, personally appeared __ W_ 1_1_/ia_IYJ __ C __ .j_a_'Ci_~_~_r_1JL _______ ~ who proved to me on the basis of satisfactory evidence to be the person~ose namefs) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity.Efes), and that by his/her/their signaturetsrOn the instrument the personCs},-or the entity upon behalf of which the persou.8B-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 ~c Li!iii?
Notary Public
,, TERRI LYNN LANE LLORENTE
Notary Public • California i
Alameda County ::
.:: Commission# 2345374
,. My Comm. Expires Feb 5, 2025
16 (Seal)

TERRI LYNN LANE LLORENTE
Notary Public • California
Alameda County ~
Commission# 2345374 -
My Comm. Expires Feb s, 2025

TERRI LYNN LANE LLORENTE
, Notary Public • California
: A:ameda County ~
~ Commission# 2345374
My Comm. Expires Feb 5, 2025

ACKNOWLEDGMENT
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 Alameda
On March 21, 2022 before me, Dee S. Bumanlag, Notary Public (insert name and title of the officer)
personally appeared William C. Sadler III
who proved to me on the basis of satisfactory evidence to be the person(,1 whose name ~ is/-Elf9. subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityf+es ), and that by his/her/their signature ~ on the instrument the person}i) . or the entity upon behalf of which the person~ acted, executed the instrument.

I certify under PENAL TY 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 __ 8_1_W._~· ~----r--+--- (Seal)

SECRETARY'S CERTIFICATE
January 29, 2021
The undersigned, being the duly elected and qualified Secretary of Pulte Home Company, LLC, a Michigan limited liability company (the "Company"), does hereby certify that she has access to the records of the Company, and that as of the date hereof:

1. Exhibit A to this Certificate is a true, accurate; and current copy of the Pulte Home Company, LLC Signing Power Resolutions, as adopted by the B.oard of Managers of the Company on January 1, 2017; and,

2. Exhibit B to this Certificate is a true, accurate, and current copy of the Delegation of Authority, as executed in accordance with Exhibit A, by Derek C~ Wiles on behalf of Kristi L. Bergman; and,

3. The following is a list of certain persons who are officers, managers or employees of the Company in the Northern California Division of the West Area, currently holding the positions in the Company set forth next to each person's name, and to whom signature authority is granted as defined in Exhibit A:

Name
·Scott Wright
Derek C. Wiles
John Steven Kalmbach
Cheryl Short
Daniel J. Carroll
Lily Mavrellis
John Graham
Aaron Head
Jennifer Vo
Jeffrey Scofield
William C. Sadler, Ill
Gretchen Washington
Soroush Memarsadeghi
Suzanne Gibbons
Kristi L. Bergman
Title
West Area. President
West Area Vice President of Finance
Division President
Division Vice President Finance
Division Vice President of Land Acquisitions and Development Division Vice President of Sales
Division. Vice President Construction Operations
Division Vice President.of Land Planning and Dev~lopment Division Vice President of Land Acquisition
Division Vice President of Procurement
Division Director of Land Development
Division Assistant Controller
Division General Sales Manager
Division General Sales Manager
Division Manager of Settlement Operations acting as Authorized Representative for Closing/Homebuyer Coordinator
IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the date first written above.

Ellen Padesky Maturen
Secretary

EXHIBIT A
A. DEFINITIONS.

PULTE HOME COMPANY, LLC

SIGNING POWER RESOLUTIONS
As used in these resolutions:
"signing power" means the power and authority to execute and deliver an agreement, instrument or other docti'merit. - · · · · ·
"General Signing Power" means signing power relating to the ordinary course of business of PULTE HOME COMP ANY;LLC (the "Conip~ny") generaily, .without restriction to· a particular Division of proje6t, b.oth in the Company's owri capacity arid in any: instances where it is the managing partner or tnanagirig member of a joint veriture (the "Partnership"). · ·. . . .. - '~Division Speeific Signing Power" means signing power relating only to the ordinary course of business of a Division over which the officer, manager, or employee in question has management responsibility, both in the Company's own capacity and as managing partner or managing member of the Partnership. ·
B. PURPOSE.

The purpose of these resolutions is to establish the signing power of certain employees of the Company,. both in the Company's own capac;ity and as managing p~er or managing member of the Partnership. Copies of these reso!Utions ir\.ay be delivered tO title companies and other parties who · require evid~rice of the signing power of an employee. No empl6yee of the Company tnay subdelegate his or her signing power except as expressly provided in these resolutions by use of the words: '"Other title(s) or persori(s) designat~g in writipg ~y, . ,", . c. RESOLUfIONS. -~
RESOLVED, that the following Officets,'tiianagets,·or ~niployees of the Company shall hav~ the General Signing Power or the Division SpeeifiC'.Signing Power., as indicated in the charts below:

EXHIBIT A
Development of Real Property
I. General Development. Applications, tentative and final subdivision plats and maps; development agreements, land development agreements, amenity contractor agreements and all other documents that are relevant or incident to the development of real property in which the Company or the Partnership has any Interest, other than documents contemplated in part VI below:

Ge.neral Signing Power Division Specific
Sif;[ninf;[ Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VPLand
Executive Vice President Division President
Senior Vice President Division VP/Director Finance
Vice President Division VP/Director of Land
Development/ Acquisition
House Construction Agreements. Contractor agreements, construction agreements, contracts, purchase orders, pricing schedules, scopes of work a:nd all other documents that are relevant or incident to the construction of residential homes and amenities thereto in which the. Company or the Partnership has any interest, other than documents contemplated in the paragraph immediately above this one:

General Signing Power
Chairman of the Board
Chief Executive Officer
President
Division Specific
Si nin Power
Area President
Area VP Finance
Area VP Construction Operations
Executive Vice President Area Purchasing Director
Senior Vice President
Vice President
Division President
Division VP/Director Finance
Division VP/Director of
Construction O erations
Division Purchasing
VP/Director/Mana er

Page 2 ends

EXHIBIT A
Storm Water Management
II. Notices of intent, notiees of termination, storni water pollution prevention plans, reports, certifications or other doctmi.entation · that is relevant or incident to . storm water management and erosion ·control in the clevelopmeiit of real property and/or co~struction . of homes in which the Company or the Partnership has any interest.

General Signing Power I Division Specific
Si2nin2 Power
Chairn;ian of the Board· ·· IA~ea :President
Chief Executive Officer I Area VP Finance - . - . ,. .:-i, '··:

President IA.re~ VP Lanc1
Executive Vice Pres'ident IDivisi9ri J;>resid~nt
Senior Vice President
Vice President ..

Divi~ion yP/Diredtor Finance
: ~:
l)ivisiori vP/Dire~tor of Larid
Develooment/Aceitiisition
bivisionSt6tm W~ter Compliance
.Representative · · '
Sale and ClosiJig.ofResidential Homes or Lots
. III. C_ontracts for the sale ofresidential homes dr lots to consumers (not to another business)'.

General Signing J'owerl • Di~isi?n:·~p?cific S1I!ntnz'1'QWet Chairman of the Board· ... 'IAreaPresident
Chief Executive Officer
-. .;.
·President Division Presiderif
-:., ·:!\
Executive VicePresidentlDivisiori VP/DitecforFinance
Senior Vice President .
-: ·. V·'. ~ ... · ·:: ··· ., .-· .. · c ··
Division Controller
:· ~-' <~ , .. '··
Division VP of Safes
. ;" ~ : "'i
Oen(fral s.aleS, M~ager.
-~- .. ". . ·:.i-'.'. '· ... ··" .:·_i):· . ,
·C1osing!Honiebi.iy~f Coortfi~at&r · ._ .r~·-· ,; ·,
.Any of t4e fol16#iij~ ~wpI6y;¢es of/
either Pulte Mortgage LLC:' Vice
President; Branch Manager and
Assistant Secret

Page 3 ends

EXHIBIT A
Any of the following employees of
either Sun City Title Agency, Inc.
or PGP Title, Inc. or PGP Title of
Florida, Inc.: Vice President,
Escrow Manager, Escrow
Supervisor, Director-Closing
Services, and Title Officer
Other title(s) or person(s)
designated in writing by either the
Area President or Area VP Finance
IV. Deeds of conveyance and all other documents that are relevant or incident to the'sa1e and closing ofresiciential homes or lots to consumers (not to another business), including any mortgage-related documents, such as buydown agreeinents or other relevant documents.

General Signing Power
Chairman of the Board
Chief Executive Officer
President
Division Specific
Si nin Power
Area President ·
Area VP Finance
Division President
Executive Vice President Division VP/Director Finance · Senior Vice President
Vice President
Division Controller
Division VP of Sales
General Sales Manager
Closing/Horriebuyer Coordinator
Any of the following employees of
either Pulte Mortgage LLC: Vice
President and Branch Mana er
Any of the following_ employees of
either Sun City Title Agency, Inc.
or PGP Title, Inc. or PGP Title of ·
Florida, Inc.: Vice President,
Escrow Manager, Escrow
Supervisor, Director-Ciosing .

Services, and Title Officer
Other title(s) or person(s)
designated in writing by either the
Area President or Area VP Finance

Page 4 ends

EXHIBIT A
Closing of the Purchase and Sale of Real Property
V. Contracts, deeds and all other closing documents for the pmchase or sale 6f real property (other than the sale and closing of residential hOmes orlcikto consumers).

General Signing Power
Chairman of the Board
Chief Executive Officer
President
DiV,isionSpecific ·
Siwini! Power
Area President
Area VP Finance
AreaVPLand
ExecutiveVice PresidentlDivision President
Senior Vice President I Division VP/Dire".tor of Finance and General Counsel
Other title(s) or IDivision VP ofLa11d
person(s) designated in Development/Acquisition
writing by resolutiOn(s)
of the Board of Directors
Real Property Financing and Land Banking Transactions
VI. Documents related to any of the following real property financings and land banking ti-ans actions:
a. Traditional Financing .. Loan agreements, security <1Wee.111ynts, promissory notes, deeds of trust and all other documepts that are relevant or iricidept to the finaneing of the purchase and/or development ofreal property. . · ·
b. Special Taxing District Financing.. Loan agr~emel1ts, security agreements, promissory notes, deeds of trust and fill other c:locuments tll1ci.()r whicht]Je Company or the Partnership is a party that are relevantor incidenttp.a Special}'axing Djstrict Financing (defined below), other than documents contefr1pliited in Guarantees and Environmental Indemnities. · ···· ·
' ,., .. ' _- ;
"Special Taxing District Financing" means a finaricingJlirough the issuance of bonds by a community development district, communityfacilities district; lllµnicipal utility district, county or 111unicipal improvement district, tax i11crement~Ldistrict or other similar special purpose unit of local government. ·
c. Guarantees and Environmental Indemnities. Guarantees of payment or. performance of the obligations· of another entity (whether in the form of a payment guaranty, indemnity or other document), maintenance or remargining guarantees and environmental indemnities in connection with development financing.

Page 5 ends

EXHIBIT A
d. Land Banking Transactions. Assignments of contracts to purchase real property, options to purchase real property, development agreements and other documents evidencing arrangements with an intermediary, such as a land banker, to purchase or develop real property.

Licenses
General Signing Power
Chief Financial Officer of
the publicly traded ultimate·
arent
Treasurer of the publicly
traded ultimate arent
VII. Documents necessary to obtain· licenses and department of real estate public reports or similar documents in California and other states (such as, without limitation, Arizona ahd Nevada). ·
General Signing Power
Chairman of the Board
Division. Specific
Si nin Power
Area President
!--~~~~~~~~--~~~~·-~~~~~~~--;
Chief Executive Officer Area VP Fimmce
President Area VP Land
Executive Vice·Presidenf Division President
Senior Vice President
Vice President ·
Division VP/Dfrector of Finance
Division VP/Director Sales
Area VP/Qivision VP/Director Land
Ac uisitioniDevelo ment
il

Page 6 ends

EXHIBIT A
CC&Rs
VIII. Restrictive covenants, conditfons, restrictions,· easements ahd other similar rights or restrictions, commonly known as CC&Rs, affecting real property or improvements on real property, and documents relating to CC&RS, ·such as the organizational documents for the related homeowners' or property owners' association.

General Signing Power .

Chairman of the Board.

Division Specific
SiKninK Power .

Atea President
. . ·: ..... :: .. ····:!.

Chief Executive. Officer ,I i;Vea vp.· Fiii~P.c;e..

Presidei:if · ~
Executiv~ Vicci fr¢sicleiit
Senior Vice President
Vice President
j\r,e(v~Lanc1.

J,)ivisiqr1Pre~i.dent
Division VP/Director
Finance
Division VP/Director Land
Acquisitio.n/Development
RESOLVED FURTHER, that all lawful acts specifically described in the immediately preceding resolution, undertaken prior to the ~dopt~on of these resolutiq11s, in the· Company's own capacity or as managing partner or ni.artagin.g membe.r of the Partnership, are pereby ratified, confirmed ~d adopted by the Company. ·
. . ,
· RESOLVED FURTHER,· that any Signing Power Resdlutions,or Powers of Attorney and Grants .of Agency previously issued or adopted by the Company are hereby terminaied, revoked and superseded in their entirety by these ·resolutions. · . .

Effective as of Janwiry 1, 2017.
* * * * *
,\
Page7 of7
~~ CERTIFICATE O,F LIABILITY INSURANCE I
MTiii(MIA'DDi't'ml
~4.12021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INJIDRMATION ONLY AND CONFERS NO· RIGHTS UPON 1HE CERTIFICATE HOLDER. THIS CERTiflCATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW. 1Ht$ CERnflCAlE OF INSURANCE DOES NOT CONSTIM'E A CONTRACT SE'l'WEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,. AND THE CERTIFICATE HOLDER.

IMPORTANT: If the cerlll!icate holder 111 an ADDITIONAL INSURED, the polill)'(ies} m1111t have ADDmONAll. INSURED provisions or Ile endorsed. If SUBROGATION IS WAIVED, subject to the leff'nl .aru.t conditions ot tM policy, certain pollcles may require an endorsemen~. A s,tatement on this certi1icate does not confer rights to the cermicate holder In lieu of such endorsement(s). ··········--····- -·--··- -- ·-··

PRODUCER
--- .. -- -····· - ... ·• .. It _···
Aon Risk services central, Inc. (S 6 ~) z:e;i;- 7 u~
st. Louis l>W.lJ Off'i ce Bdtl 1 rt.i. Ha.l; (800) li6M1os 4220 Duncan Avenue ~'&~s: su1te 401
st Looi !I MO IB110 USA ll'flllJllER(S} AFFO!llllNG OOVERAGI! NAIOlt ··--
INBUE INlllUl'IERA: 01d Repub1ic lP5UriMJCe Q:Jmpa1'11)' 24141 Pulte Homa company LLC INSUl'IERll<1
4511 Willow Roads suite ll IJllSUFIEll Cl Pleasanton CA 94 88 USA INl!UFIEll Di
.IN!IURl!R!:

INSUl'l!RF1 -- .. ···-···---- --- . - ... . -·-
COVERAGES CERTIFICA1E NUMBE!FI: 570087784054 REVISION HUMBER:

THIS IS TO CEFl'l'IFV THAT THE POLlCIES OF INSURANCE IJSTED BE HllVE BEEN ISSUED iO THE INSURE.I) NAMED AB iVE FOA. 'l'HE POL.ICY P INDICATED. riO"rWrrHSTANOING ANY AEOUIFIEMENT, TERM OR CClfHllTl'ON OF ANY OOM1RACT OR OTHEFI DOCUMENT WITH RESPECT TO WHICH THIS CERTIFlOATE MAY BE IS~UED OR MAY PERTAIN!, THE INSURANCE AFFORJJED BV THE POLICIES. llESORIBED HEREIN IS SUBJECT TO l!l.L THE TERMS, Exct.IJSIONS AND CONDITIONS OF SUCH POllCIES. LIMITS SHOWN MAY HAVE BEEN AEOOCED 113'1 PAID Cl.AIMS. Llmltc d m. T'IJIE·Ol'!IN;S~~-i;. _______ ~-
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~
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CERTIFICATE HOLIDER CANCELLATION ~ -·· ........ -..
-GlfQt!L.11 ilH't QI' T1ie ABO\'I! Dl!Si:llllll!l!ED l'QL11i111$ I!! QANCl!U.l!D lll!FO!ll! Tiii!! =r EDliA.TIOtl OKl!'E TH!mSOF, HOTICE WILi. lflE IOEl.IYellfil) ltl AQCOl!l~ WITH THE ~ POI.ICY 1'1101/ISIClllS. !~ Cit;y of A]ameda MllORIZIID REPRIOSIOO'ATl\llE
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Alt'l:J1: Russ Thompson
950 W. Wa11 :Square, ROOm UO
~~..?~ ·~l'f-A1 ameda ·O\ !ii4501 USA
ii
©'1988-2015 ACORD CORPORATION'. AU rights reserved.

ACORD 25 (21116l'03) The ACORD name and logo are 11eglstered marks-ol ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
When required by written contract On File With Company
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

CG 20 10 1219 © Insurance Services Office, Inc., 2018 Page 1of2 MWZY 314607 21 PulteGroup, Inc. 04/01/2021 - 06/01/2022 C. With respect to the insurance afforded to these
additional insureds. the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Page 2 ends

MWZY 314607 21 PulteGroup, Inc. 04/01/2021 - 06/01/2022 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG20371219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations When required by written contract On File With Company
I
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 371219 ©Insurance Services Office, Inc., 2018 Page 1of1 MWZY 314607 21 PulteGroup, Inc. 04/01/2021 - 06/01/2022 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

SCHEDULE
Name of Person{s) or Organization(s):

When Required by Written Contract
With respect to COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured is changed with the addition of the following:

Each person or organization shown in the Schedule for whom you are doing work Is an "insured". But only for "bodily injury" or "property damage" that results from the ownership, maintenance or use of a covered "auto" by:

1. You;

2. an "employee" of yours; or

3. anyone who drives a covered "auto" with your permission or with the permission of one of your "employees".

However, the insurance afforded to the person or organization shown in the Schedule shall not exceed the scope of coverage and/or limits of this policy. Not withstanding the foregoing sentence, in no event shall the insurance provided by this policy exceed the scope of coverage and/or limits required by the contract or agreement.

PCA 0011013
MWTB 314605 21 PulteGroup, Inc. 04101 /2021 - 06/01 /2022 Bond No. 59BSBIU1803

LABOR AND MATERIALS BOND
WHEREAS the City Council of the City of Alameda, State of California, and Pulte Home Company, LLC. , hereinafter designated as "Principal'\ have entered into an agreement whereby Principal-agrees to install and complete certain designated improvements, which said agreement, dated , 20 __ , and identified as Subdivision No. 8617 , is hereby referred to and made a part hereof; and WHEREAS under the tenns of said agreement Principal is required, before entering upon the perfonnance of the work, to file a good and sufficient payment bond with the City of Alameda to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, said Principal and the undersigned as corporate surety are held firmly bound unto the City of Alameda and all contractors, subcontractors, laborers, materialmen, and other persons employed in the perfonnance of the aforesaid agreement and refetTed to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of ONE MILLION sEvEN HUNDRED TWENTY FouR rnousAND AND 001100 DOLLARS ($ 1,724,000.00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by county (or city) in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully perfonned, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the tenns of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

IN WITNESS WHEREOF, this instrnment has been duly executed by the Principal and surety above named on March 9th 2022
SURETY Hartford Fire lD_surance Company__
(Name)
One Hartford Plaza, Hartford, CT 06155'---
(Surety Address)
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ACKNOWLEDGEMENT
State of Arizona
County of Maricopa
On '!J / 'I/ '20 t.. 2- before me personally appeared Jeremy Polk whose identity was p;(;vln to me on the basis of satisfactory evidence to be the person who he or she claims to be and acknowledged that he or she signed the attached document. {Seal)
Notary Signature
Jessika Gulliver
Commission Number 594246
Commission Expires January 1, 2025
Direct Inquiries/ Claims to:

THE HARTFORD

POWER OF ATTORNEY
BOND, T-1 1
One Hartford Plaza
Hartford, Connecticut 06155
Bond.Claims@thehartford .com
call : 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT : Agency Name: USI INSURANCE SERVICES LLC A enc Code : 59-300168
QC] Hartford Fire Insurance Company , a corporation duly organized under the laws of the State of Connecticut ~ Hartford Casualty Insurance Company , a corporation duly organized under the laws of the State oflndi ana LJ Hartford Accident and Indemn ity Company , a corporation duly organized under the laws of the State of Connecticut LJ Hartford Underwriters Insurance Company , a corporation duly organized under the laws of the State ofCotmecticut LJ Twin City Fire Insurance Company , a corporation duly organized under the laws of the State oflndian a LJ Hartford Insurance Company of Illinois , a corporation duly organized under the laws of the State of Illin ois LJ Hartford Insurance Company of the Midwest , a corporation duly organized under the laws of the State oflndi ana LJ Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford , Connecticut , (hereinafter collectively referred to as the "Companies ") do hereby make , constitute and appoint , up to the amount of Unlimited :

Matthew Erra, Jeremy Polk of PHOENIX , Arizona
thei r true and lawful Attorney(s)-in -Fact , each in their separate capacity if more than one is named above , to sign its name as surety(ies) only as delineated above by ~ . and to execute , seal and acknowledge any and all bonds , undertakings , contracts and other written instruments in the nature thereof , on behalf of the Companies in their business of guaranteeing the fidelity of persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. ln Witness Whereof , and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companie s have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary . Further , pursuant to Resolution of the Board of Directors of the Companies , the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.

Shelby Wiggins, Assistant Secretary
ST ATE OF FLORIDA }
ss. Lake Mary

COUNTY OF SEMINOLE
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Joelle L. LaPierre, Assistant Vice President
On this 2oth day of May, 2021 , before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s}he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s}he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. ~/A~~:~;~::
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My Commi ssion HH 122280
Expires June 20, 2025
I, the undersigned , Assis tant Vice President of the Companies , DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorne y executed by said Companies , which is still in full force effective as of March 9th, 2 022 .

Signed and sealed in Lake Mary, Florida .

Keith D. Dozois, Assistant Vice President

ACKNOWLEDGEMENT BY PRINCIPAL

STATE OF GEORGIA)

COUNTY OF FULTON)
) SS.

This record was acknowledged before me on March 9, 2022, appeared Gregory S. Rives, Assistant Treasurer of Pulte Home Company, LLC, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.

WITNESS my hand official seal.

Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
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SHIRLEY E HUTCHINS
Notary Public - State of Georgia
Fulton County
My Commission Expires Mar 1 B, 2022
Bond No. 59BSBIU1803

BOND FOR FAITHFUL PERFORMANCE
WHEREAS the City Council of the City of Alameda, State of California, and Pulte Home Company, LLC. , hereinafter designated as "Principal", have entered into an agreement whereby Principal ·agrees to install and complete certain designated improvements, which said agreement, dated , 20 __ , and identified as Subdivision No. 8617 , is hereby referred to and made a part hereof; and WHEREAS said Principal is required under the tenns of said agreement to furnish a bond for the faithful perfonnance of said agreement ;
NOW, THEREFORE, we, the Principal and Hartford Fire Insurance Company , as surety, are held and firmly bound onto the City of Alameda hereinafter called "City", in the penal sum of ONE MILLION SEVEN HUNDRED TWENTY FOUR THOUSAND AND 0011ldOLLARS ($ 1,724,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, finnly by these presents .

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns , shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated , then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor , there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered .

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the agreement or to the work to be perfonned thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the tem1s of the agree ment or to the work or to the specifications .

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named, on March 9th , 20_E_ .

SURETY Hartford Fire Insurance Company
(Name)
One Hartford Plaza, Hartford, CT 06155
(Surety Address)
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ACKNOWLEDGEMENT
State of Arizona
County of Maricopa
On 3 / '1/2-0 2.-Z- before me personally appeared Jeremy Polk whose identity I I
was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be and acknowledged that he or she signed the attached document. (Seal)

JESSIKA GULLIVER
NOWlY PUBLIC - STATE OF ARIZONA
MARICOPA COUN1Y
COMMISSION # 594246
My comm. Expires January 1, 2025
Notary Signature
Jessika Gulliver
Commission Number 594246
Commission Expires January 1, 2025
Direct Inquiries/Claims to:

THE HARTFORD

OWER OF ATTORNEY
BOND,T-11
One Hartford Plaza
Hartford, Connecticut 06155
Bond.Claims@thehartford .com
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: USI INSURANCE SERVICES LLC A enc Code: 59-300168
QC] Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ~ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana c:::::::J Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut c:::::::J Hartford Underwriters Insurance Company , a corporation duly organized under the laws of the State of Connecticut c:::::::J Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana c:::::::J Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of lllinois c:::::::J Hartford Insurance Company of the Midwest , a corporation duly organized under the laws of the State oflndiana c:::::::J Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited :

In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further , pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.

Shelby Wiggins, Assistant Secretary
STATE OF FLORIDA }
ss. Lake Mary

COUNTY OF SEMINOLE
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Joelle L. LaPierre, Assistant Vice President
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. :!A~~:;,!".~~::
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My Commission HH 122280
Expires June 20, 2025
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies , which is still in full force effective as of March 9th , 2 022 .

Signed and sealed in Lake Mary, Florida.

Keith D. Dozois, Assistant Vice President

ACKNOWLEDGEMENT BY PRINCIPAL

STATE OF GEORGIA)

COUNTY OF FULTON)
) SS.

WITNESS my hand official seal.

Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022

SHIRLEY E HUTCHINS
Notary Public - State of Georgia
Fulton County
My Commission Expires Mar 1 B, 2022

Alameda City CouncilApril 19, 2022

Alameda City Council
April 19, 2022