Agenda packet, first session — Los Gatos City Council, August 5, 2025 (part 3 of 7)

ITEM NO. 13.
d. In granting any extension of time, the Town may require new or amended improvement security in amounts increased to reflect increases in the costs of constructing the incomplete Required Improvements, taking into account all Required Improvements that have been completed.

11. MAINTENANCE OF PUBLIC INFRASTRUCTURE
The Subdivider shall maintain all Required Improvements (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 Required Improvements become unsafe, unusable or inoperable because of the Subdivider's activities, the Subdivider shall immediately cease all work on the Subdivision 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 (1) year after acceptance. If the Subdivider fails to act promptly or in accordance with this agreement, or if the exigencies of the situation require repairs or replacements to be made before the Subdivider can be notified, then the Town may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay the Town the actual cost of such repairs plus fifteen percent ( 15%) within thirty (30) days of the date of billing for such work by Town.

12. DEFAULT BY SUBDIVIDER
a. Default of Subdivider shall include, but not be limited to:
(1) Subdivider's failure to timely commence construction of Required Improvements under this agreement;
(2) Subdivider's failure to complete construction of the Required Improvements within the lime period provided by this agreement or any extensions thereof; (3) Subdivider's failure to timely cure any defect in the Required Improvements during the two (2) year guaranty and warranty period where such failure continues beyond thirty (30) days after written notice thereof from the Town, or if such failure is not susceptible to cure within such thirty (30) day period, Subdivider has not commenced to cure within such thirty (30) day period and does not thereafter continue to diligently proceed to cure; (4) Subdivider's failure to perform substantial construction work for a period of 30 consecutive calendar days after commencement of the work, for reasons other than force majeure events;
(5) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(6) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) Subdivider's failure to perform any other obligation under this agreement within thirty (30) days after written notice thereof from the Town, or if such failure is not susceptible to cure within such 30-day period, Subdivider has not commenced to cure within such 30-day period and does not thereafter continue to diligently proceed to cure. b. The Town reserves all remedies available to ii at law or in equity for breach of Subdivider's obligations under this agreement. The Town shall have the right, subject to this Section, to SMHH\54443\1441213.12 6

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ITEM NO. 13.
draw upon or use the appropriate security to mitigate the Town's damages in the event of default by Subdivider. The Town's right to draw upon or use the security is in addition to any other remedy available to Town. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the Improvements and, therefore, Town's damages for Subdivider's default shall be measured by the cost of completing the Required Improvements. The Town may use the sums provided by the securities for the completion of the Required Improvements in accordance with the Plans and specifications contained herein. In the event Subdivider fails to cure any default under this agreement within thirty (30) days after the Town mails written notice of such default to the Subdivider and the Subdivider's surety, Subdivider authorizes Town to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the Town. The Town may take over the work and complete the Required Improvements, by contract or by any other method the Town deems appropriate, at the expense of Subdivider.

In such event, the Town, without liability for so doing, may complete the Required Improvements using any of Subdivider's materials, appliances, Plans and other property that are at the work site and that are necessary to complete the Required Improvements.

13. 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:

To TOWN:

SummerHill N40 LLC
3000 Executive Parkway, Suite 450
San Ramon, CA 94583
Parks and Public Works Department
Town of Los Gatos
41 Miles Avenue
Los Gatos, California 95030
Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

14. 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.

15. 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.

16. ENTIRE AGREEMENT AND AMENDMENT
This agreement constitutes the complete and exclusive statement of the agreement between the Town and Subdivider. No verbal agreement or conversation with any officer, agent, or employee of the 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. There are no intended third party beneficiaries to this Agreement.

SMHH\54443\1441213.12 7

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ITEM NO. 13.

17. PAYMENT OF OUTSTANDING FEES
Prior to acceptance of Required Improvements for permanent maintenance by the Town. Subdivider shall pay all outstanding fees that are due in accordance with this agreement and the Town Code of the Town of Los Gatos.

18. 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.

19. REIMBURSEMENT OF ATTORNEYS FEES
In the event of any third party claim or legal challenge to any action taken by the Town with regard to any procedure or aspect of this agreement, including approval or environmental review process, the Town may choose to defend the claim or action with the prior written approval of the Subdivider, the Subdivider, if it has consented to the defense of the claim or action, agrees to reimburse the Town for attorneys' fees, expert witness fees, and any other costs the Town may incur in connection with iis retention of legal counsel, and for any award of court costs and fees against the Town.

20. AGREEMENT BINDS SUCCESSORS
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.

21. MORTGAGE PROTECTION
No breach of this agreement shall defeat or render invalid the lien of any deed of trust or mortgage recorded against all or any portion of the Subdivision. No lender taking title to all or any portion of the Subdivision through foreclosure or deed in-lieu of foreclosure shall be liable for any defaults or monetary obligations of Subdivider arising prior to acquisition of possession of such property by such lender. The foreclosing lender shall have the right to find a substitute developer to assume the obligation of Subdivider, which substitute shall be considered for approval by Town pursuant to this agreement, which approval shall not be unreasonably withheld, conditioned or delayed. Town agrees to provide any lender who has recorded a deed of trust or mortgage against all or any portion of North 40 Phase 1 of which Town has been given notice (each, a "Lender'') with written notice of any default relating to the Subdivider and/or North 40 Phase 1 given by Town to Subdivider. Town agrees that, notwithstanding anything to the contrary contained in this Agreement, Lender shall have an additional sixty (60) days from the date Lender receives notice of a default to cure any such default, provided that Lender shall not have any obligation to cure any such default.

If a Lender or an affiliate of such Lender succeeds to the interest of Subdivider through foreclosure or deed in-lieu of foreclosure, then the time periods for performance of Subdivider's obligations set forth in this agreement (if any) shall be extended for a period of time reasonable under the circumstances to permit such Lender or such affiliate to perform Subdivider's obligations under this agreement.

SMHH\54443\1441213.12 8

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ITEM NO. 13.

TOWN Of LOS GATOS
TOWN Ml1i.NAGER .,
ATTEST:

APPROVED AS TO FORM:
/
DATE: /O- '-f- /J
RECOMMENDED BY:

DATE: _______ _
SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
Laurel Prevetti

CLERK ADMINJST TOR
She 11 ey Neis

SUBQIYIPEB
By: f@;nc //tu
Its: Executive Vice� -� DATE: _'1--1/�1t-1---;-/ \_'o_
By: DATE: _q�{_a-_=t-�f (_B _ Jason Bigs
Secretary Its: ____ _
SMHH\54443\1441213.12 9

LICWORKS

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ITEM NO. 13.

CALIFORNIA ALLm PURPOSE

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 not the truthfulness, accuracy, or validity of that document.

State of California }
County of �n +u C Ltu ,� }
)-ti t 8' before me s\., \ 11 L£._, ko,A ss-cl l()ultff p_, 6 I,� '-��+,---,H"-e�ce�lc�s�srthc�,m�e�a�c"d!;frr;,e�o�t�e�o�,�ecrt--'--::....:--, personally appeared __ L_l_L_�l_l' 1':_-_l __ P_re_. _v_e._t-h_· _· ____________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name($') is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in-flis/her/their authorized capacity(ie5t, and that by his/her/t+teir 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
:g,;t"J@--:-:: ___ ,,.
:::-"··_-_-. --::S::::-YL:-:::VIE:-::R::::OU�SS::,EL,---,[ = COMM.# 2106517 � NOTARYPUBUNALIFORNIA �
I · _
, SANTA CLARA COUNTY
_
My Comm. Exp. April 11, 2019 j
INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL I Ill F O RMA Tf O Ill Th;s form comp hes whh current Californ;a statutes regard;ng not a')• wo,d;ng and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notmy to violate California notary law.
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages __ Document Date ___ _

CAPACITY CLAIMED BY THE SIGNER
□ Individual (s
)
□ Corporate Officer
{Title)
□ Partner(s)
□ Attorney-in-Fact
□ Trustee(s)
0 Other _________ _
2015 Version W'<>'W NotaryC!2-ssm\ccrr: BOD-873-9865
• State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed.

The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public).

Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct fonns. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment form. o Signature of the notaiy public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.

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ITEM NO. 13.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Stv\,t\_, � )
On � i 1-, Ull't before rne, � Pelici,r'\.";;,, �� PvJJtf.c.- Date Here Insert Narng_ � of the Officer
personally appeared ��AY tv1)_ J� �"2
Name(s) of S1gner(s)
who proved to rne on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

BRIANA PERKINS
Notary Pubtic • California z.

Santa Clara County !
Commission# 2245007
My Comm, Expires Jun 30, 2022
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS rny hand and official seal.

Signatur�M Vo
Signature of Notary Public
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity{ies) Claimed by Signer{s)
Signer's Name: ____________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other: ______________ _
Signer Is Representing: __ _______ _
Signer's Name:
.
::---c=-:-.,---------
□ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:=----,-----------
Signer Is Representing: _________ _
©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

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ITEM NO. 13.

CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ___ S_a_n_ta_C_la_r_a _______ _ }
On ----"O'--'C1b=YW=_1-"--'- _7J)�\ s�-- before me, __ S_te_f_a_ni_e_D_._H_o_c_k_em_e�ye_r�, _N_o_ta_ry�P_u-'-b-'-lic:_ __ _ Date Here Insert Name and Title of the Officer
personally appeared ____ ___cM=a:c:ttc:M=o-'-'rl-=-eLy _____________________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument STEFANIE D. HOCKEMEYER
Commission # 2086033
Notary Public � California i
7 Santa Clara County � $J - My Comm. Expires Oct 14, 2016 [, �T?'';.7"'ZP",l''"'B'C"��'w"'"'i' ' �
:m.;_1,'Si;.:�,q;r�:;:;;::,;5-""'✓,;'�.;..,�,
Place Notary Seal and/or Stamp Above
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.

OPTIONAL ---------------
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ____________________________ _ Document Date: ______ ______________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
D Corporate Officer - Title(s): _______ _
D Partner - □ Limited D General
D Individual
D Trustee
D Attorney in Fact
□ Guardian or Conservator
D Other: ______________ _
Signer is Representing: _________ _
Signer's Name: ____________ _
D Corporate Officer - Title(s): ______ _
□ Partner - □ Limited D General
D Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other: ______________ _
Signer is Representing: _________ _
�;":��.:.�.J[��:®._��.®��:_�
©2018 National Notary Association

Page 284 ends

ITEM NO. 13.

FAITHFUL PERFORMANCE BOND

EXECUTION COPY
BOND NUMBER: 0728666
PREMIUM: $63,223
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SUMMERHILL N40 LLC (herein designated as "Principal") have entered an agreement by which Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of the Subdivision Improvement Agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and INTERNATIONAL FIDELITY INDEMNITY COMPANY, as Surety, are held and firmly bound unto the Town, in the penal sum of six million, six hundred and fiftyfive thousand ($6,655,000) 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, formally by these presents.

The condition of this obligation is such that if the above bounded Principal, 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 Subdivision Improvement 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 Town, its officers, agents and employees, as therein stipulated, and this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

Principal and Surety further agree that, upon Town's final approval of the work, ten percent (10%) of this bond shall remain in effect to guarantee the repair and/or replacement of defective materials and/or construction, one (1) year after Town's final acceptance of the work, unless Principal posts a separate warranty bond instead.

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 Town in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Subdivision Improvement Agreement 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 September 7th, 2018.

SMHH\5444311441213.9 1

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ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

By:

Its·
{/ /---,'-l-<4-------- .,
// ------
Its 00
SMHH\54443\1441213.9 2
SURETY:

IN�DELITY INDEMNITY

COMPANY
By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 286 ends

ITEM NO. 13.

EXECUTION COPY
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 CaliforlJ,\,'l ,1 ~ /. County of a a--fn;_.- L..JJ�7?<._• On :5epf /,J 1 2,.t}I) , before me /Yl · fCn,,el/i · a Notary Public, personally appeared ' ��,; C SZ-1-D , who proved to me on the basis of satisfactory evidence to be the person(sj-whos �ame(.s) is/ai:e subscribed to the within instrument and acknowledged to me that Re/she/tl:le.y executed the same in Ri5/her/tl:le-ir authorized capacity(ies).,_ and that by l,j,;/her/tbeir signature(s� on the instrument the person(,+,- or the entity upon behalf of which the person(.s) 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
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 CaliforlJi
a
County /JJ ��-'- _ of (,_b�� c,.,...,, o-----
On =��.:..!.��'?t-.9--�· before m , /J?-�, he-6{ · , a Notary Public, personally appeared n •){ v , who proved to me on the basis of satisfactory evidence to be the personis) whose name( is/afe subscribed to the within instrument and acknowledged to me that he.'sh@{lhey executed the same in his/heri'tRsir authorized capacity(is&}, and that by his/hei:LllJgir signature(sl, on the instrument the person(sr, or the entity upon behalf of which the person(s.) 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 '--Jn · �
SMHH\54443\1441213.9 1
j'®®eeeemeeee @ M. RINETTI f
<
Notsry PubNc - California
� Coritra Ccsta County j Commission# 2220824 -

1.1� Comm. E.xpires Nov 5. 2021

Page 287 ends

ITEM NO. 13.

LABOR AND MATERIALS BOND

EXECUTION COPY
BOND NUMBER: 0728666
PREMIUM: Included
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SummerHill N40 LLC (hereinafter designated as "Principal") have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Subdivision Improvement Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the Town to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 Town and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the Subdivision Improvement Agreement and referred to in the aforesaid Civil Code in the sum of six million, six hundred and fifty-five thousand ($6,655,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above 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 the Town in successfully enforcing such 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 al l
persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 performed, 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 terms of the Subdivision Improvement 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 instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\54443\1441213.9 1

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ITEM NO. 13.

PRINCIPAL: SURETY:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
By: Rachel A Portger
Its: Attorney-In-Fact
B
lts
y
:

Manager
( �-
1'frorie L. Szto 2999 Oak Rd. #820
By:

Its: / sz;r.�
r Vice President [;';A"'d�d�re
S<
s
�
s';-] '-"'""--""'="---------
/ / Walnut Creek CA 94597 f .1 ' [City, State, ZIP]
J I ' �1v�--
1JJ UJ0
SMHH\54443\1441213.9 2

Page 289 ends

ITEM NO. 13.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docwnent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Califo�
a
County of l'vfrtiOn � /{), ?£;/°j , before me, fn • f<:',nc-1/, · a Notary _
Public, personally
appeared 7 ma...p ,r C :52 +tJ , who proved to me on the basis of satisfactory evidence to be the person(sl-whose name(st is/ai.. subscribed to the within instrument and acknowledged to me that �he/lRe'f executed the same in his/her/tl.eir authorized capacity(i&s}, and that by hisfher/theirsignaturefs) on the instrument the person{&r, or the entity upon behalf of which the person(&) 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 �' � ·
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 docwnent.

State of Califon}ijl ..47
�,J County of r2__nfr,c_ C:.bo:!.!J!c
On��_!_��L_, befor7,m , rrl · K.,ht:..,/4; , a
_
Notary Public, personally
appea d ----'-='.!l..L-L.£.&<...JL'/1.-""',1;"""--� who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/= subscribed to the within instrument and acknowledged to me that he.'sh.i'lhey executed the same in his/h� authorized capacity(ies-), and that by his/h� 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 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
SMHH\54443\1441213.9
eeeeeeeeeef M. RINETTI
Notary Public - California 2
Contra Ccs:a County �
Commission# 2220824 -
My Comm, Expires Nov 5. 2021
September 7, 2018

Page 290 ends

ITEM NO. 13.

POWER OF ATTORNEY

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUAL TY COMPANY
Bond#
One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 0728666
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint IVAN M. MAROEVICH, JR., RACHEL A. PORTER, WILLIAM R. GRINDELL, VALERIE D. WILLIAMS-COLE PAUL F. PERLITE.

San Francisco, CA.
their true and la\Nfu! attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, ru!e, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting du!y held on the 1oth day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY have each executed and attested these presents on this 31st day of December, 2016

STATE OF NEW JERSEY
County of Essex
cJXSUA(J-y
"a
George R. James
Executive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company)
1936 !
*
<l,j, JE\lslc--\
On this 31st day of December, 2016 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. !N TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2019
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY do hereby certify that [ have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A00436/MOC Insurance Services.

Page 291 ends

ITEM NO. 13.

ACKNOWLEDGMENT
A notary public or ot her officer completing this
certificate verifies only the identity of t he individual who signed t he document to which this certificate is
attac hed, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of_
San Francisco
On September 07 , 2018 before me , -�□
;,--=
a�ra�T-:---co=uc=h�,�N�o=t
;"'
a
:::
ry�P�u
:=
b
,;-
lic"---=--,----- (insert name and title of the officer )
personally appeared ---'-R
:"
a�c
':'
h�e�l
:-'-
P�o
'-:
rt�e�r
-:-:--;--:---:-:-----,----,-------,;--------,---,----,-------- who proved to me on the basis of satisfactory evidence to be the personfst whose namefst isi'afe subscribed to the within instrument and acknowledg ed to me th at RelsheAAey executed the same in flis,,'herltlleif aut horized capacityfiest, and that by--A-is,lhefl#leif signaturefst on the instrument the person{s},-or the entity upon behalf of which the personfst acted, executed the instrume nt.

I c ertify 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 _ ___:/j=---_,.,,.,_�--+--:::.""c::..__,l,c::__:::,_� __ _ (Seal)

DARA TOUCH
Notary Public -'cau.tornia
!fl San Francis.co County j Commission# 2159426 !: My Comm. Expires Jul 9, 2020

Page 292 ends

ITEM NO. 13.

FAITHFUL PERFORMANCE BOND

EXECUTION COPY
BOND NUMBER: 0748728
PREMIUM: $61,085
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SUMMERHILL N40 LLC (herein designated as "Principal") have entered an agreement by which Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of the Subdivision Improvement Agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and INTERNATIONAL FIDELITY INDEMNITY COMPANY, as Surety, are held and firmly bound unto the Town, in the penal sum of six million, four hundred and thirty thousand ($6,430,000) 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, formally by these presents.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\54443\1441213.9

Page 293 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By: C ;; . /. jorie L. s�
By:

Its: /2t)() ----
SMHH\54443\1441213.9 2
SURETY:

INTERNATIONAL FIDELITY INDEMNITY

COMPANY
By:

Its:

Rachel A Portger
Attorney-In-Fact
2999 Oak Rd. #820
(Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 294 ends

ITEM NO. 13.

State of CaliforniaA ..1-.r /I -LCounty of { IJn; ru_.t. t).5 I t:A-- On !:/epl-: JI)/ ZlJ J) , before me, d'.1 - te, neg{ · , a _
Notary
_
Public, personally
appeared /1'Uw-7Pr r C $:t,. !z> , who proved to me on the basis of satisfactory evidence to be the person(� whose name(-s) is/= subscribed to the within instrument and acknowledged to me that be/she/!Aey executed the same in �/her/tlaeir authorized capacity(-i@sj, and that by Ris/her/tl..lir signature(.;.) on the instrument the person(.:.), or the entity upon behalf of which the person(sr 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
lmeeczeeeeeeeef M. RINETTI _ __ .... ,
..
.

Not,1ry P. ub. lic - California 2
:2 �� Contra Cost• County �
-" � · .. :· Comm1ss1cn :r/. 2220824 -
My Comm. Expires Nov 5. 2021
A notary public or other officer completing this ce1tificate 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// -"'-�- A. .L County of L1n1 • p(__ LO.ST"<-- ,(/1 · ,e,, nell,
On Zell 1 , before me, 7J\Ud 1� ,6.,., f!>'C.,. , a Notary Public, personally appeared ' '"),/,g,- who pro d to me on the basis of satisfactory evidence to be the person(s}whose name( is/ai:e subscribed to the within instrument and acknowledged to me that he/sl:le/tl'ley executed the same in his/her41:leiF authorized capacity(ies), and that by hi�lherttheir signature(s.) on the instrument the person(sl, or the entity upon behalf of which the person(s1--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 '-7r; -¥�
SMHH\54443\1441213.9 1

Page 295 ends

ITEM NO. 13.

LABOR AND MATERIALS BOND

EXECUTION COPY
BOND NUMBER: 0748728
PREMIUM: Included
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SummerHill N40 LLC (hereinafter designated as "Principal") have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Subdivision Improvement Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the Town to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 Town and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the Subdivision Improvement Agreement and referred to in the aforesaid Civil Code in the sum of six million, four hundred and thirty thousand ($6,430,000) for materials-.furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above 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 the Town in successfully enforcing such 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 15 (commencing with Section 3082) of Part 4 of Division 3 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 performed, then this obligation shall become null and void otherwise it shall be and remain in full force and effect.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\5444311441213.9 1

Page 296 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
( 4.:f&,s.o By:

Senior Vice President
By:
f��
I � Ji
SMHH\54443\1441213.9
SURETY:

IN,�ELITY INDEMNITY

COMPANY
By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
.[City, State, ZIP]
2

Page 297 ends

ITEM NO. 13.

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 Califo3
a (j _J. Gou nty of 1>ftc., tz.SfA.___,.

On �h lo / 2o JJ , before me, )YI • ;€, ,,, e lh . a Notary Public, personally appeare /12/4 �, c.. who proved to me on the basis of satisfactory evidence to be the person(.& hose name(&) is/a... subscribed to the within instrument and acknowledged to me that be/she/tl:+@y executed the same in hl£/her/t�ir authorized capacity(.ieaj,. and that by l:!i!;/her/tl¾,.j; signature(s-) on the instrument the person(&), or the entity upon behalf of which the person(s.). 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�•�
J:reeeer-eeereem: .. .... M. RINETTI •@"�'. · NotaN Public - California � i i�< �? Co�tra Costa County i
� ... , . Commission # 2220824 �
My Comm. Expires Nov 5, 2021
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 Californn -1 _
. A _,. County of 11·rr<'L CdS ,.....__
On --"'""c:i�-'--'-"'+<"""�i'-' before me, /rl .;e_, �e_ /4 , a Notary Public, personally appearea ,.s /l. 6,.,.- , who proved to rne on the basis of satisfactory evidence to be the person(st whose name(.;;) is/ subscribed to the within instrument and acknowledged to me that he/sl,e,'lhey executed the same in his/�ir authorized capacity(ies), and that by his/h�r signature(-&) on the instrument the person(s), 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
SMHH\54443\1441213.9
e e e e e r O e 0
M. RINETTI f Notary Public -Caiifornia
Contra Costa Coumv f Commissior: � 22208.24 My Comm. Expires Nov 5. 2021 September 7, 2018

Page 298 ends

ITEM NO. 13.

POWER OF ATTORNEY

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUAL TY COMPANY
Bond#
One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 0748728
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the raws of the State of New Jersey, and ALLEGHENY CASUAL TY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint IVAN M. MAROEVICH, JR., RACHEL A. PORTER, WILLIAM R. GRINDELL, VALERIE D. WILLIAMS-COLE PAUL F. PERLITE.

San Francisco, CA.
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY, as fully and amply, to all lntents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 2oth day of July, 2010 and by the Board of Directors of ALLEGHENY CASUAL TY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or re!ated thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be Elffixed by facsimile t0 any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seat of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2016

STATE OF NEW JERSEY
County of Essex
George R. James
Executive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company)
On this 31st day of December, 2016 , before me.came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 1.6, 2019
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF,! have hereunto set my hand on this day, A00436/MOC Insurance Services.

Page 299 ends

ITEM NO. 13.

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_ San Francisco
On September 07 • 2018 before rne , ------;D
c--
a=r=a
'-c
T�o=u=c=h=·�N�o�t
c"
a�ryc..c...P
c;
u"':blc-'
ic"----=--,----
(insert name and title of the officer)
personally appeared ...,
R
:"
a=c
':'
h�e�l
:-'
P_,o
'-:
rt�e�r
-::---:--:---:---:-----,------,--cc-------,---,--,-------- who proved to m e on the basis of satisfac tory evidence to be the personw whose namew ist'afe subscribed to the within instrument and acknowledged to me that fl6i'shel#\ey executed the same in flislherl#leif authorized capacityfiesh and that by-hls!hefltRe.if signaturew on the instrument the personfst, or the entity upon behalf of whi c h the personw acted, executed the instrument.

I certify under PENAL TY OF PER JU R Y under the laws of the State of California that the foregoing paragraph is true and correct.

WITN ESS my hand and official seal.

Signature __ J_.....-_L-+--u�.J.--�------ (Seal)

Page 300 ends

ITEM NO. 13.

FAITHFUL PERFORMANCE BOND

EXECUTION COPY
BOND NUMBER: 0748729
PREMIUM: $6,745
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SUMMERHILL N40 LLC (herein designated as "Principal") have entered an agreement by which Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and m.,de a part hereof; and
WHEREAS, said Principal is required under the terms of the Subdivision Improvement Agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and INTERNATIONAL FIDELITY INDEMNITY COMPANY, as Surety, are held and firmly bound unto the Town, in the penal sum of seven hundred and ten thousand ($710,000) 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, formally by these presents.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\54443\1441213.9

Page 301 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:
ar orie L. Szto
/
lts:+-
/--H--ll---------
By:

SMHH\54443\1441213.9 2
SURETY:

IN�IDELITY INDEMNITY

COMPANY
By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 302 ends

ITEM NO. 13.

State of California/?
County of U ,ir'r--,._.

On W /tJ Vlj , before rne, ,41, K,ke/1..,; ·
. a Notary Public, personally
appeared ¼;;-; T?Jrn:: $2.-1--,;, , who proved to me on the basis of satisfactory evidence to be the person(s) whk name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/tRey executed the same in his/her/tooir authorized capacity(i06}-, and that by hislher/tli-eir signature(s) on the instrument the personfs), or the entity upon behalf of which the person(-st 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
M. RINETTI
Ncrarv Public - California z ., � Contra Cost� County
Commission � 2220S24
My Comm, E�pires Nov 5. 2021
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 Californi?, A -L County of l.On-frtL LlJ,£,lt:,<._.., On -=cc..e'----'--'-'-h-F=�-· beforp vie, f>1 • '1!:, ·.,chi· , a Notary Public, personally appeared YI S rt-el h.6 ,Ir who proved to me on the basis of satisfactory evidence to be the person(-s) whose name s-) is/ai:,, subscribed to the within instrument and acknowledged to me that heh,l:i@ltl:l"'-1/ executed the same in his/h�ir authorized capacity(iest, and that by his/�r signaturet,s) on the instrument the person(sj', or the entity upon behalf of which the person(sl-,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
SMHH\5444311441213.9
�oeeeeeeeeeee� M. RINETTI : . - Notary Public- California , f · Contra Costa Cou�ty �
J <e,-,.,:;-,v I Commission : 2220824 -
't My Comm. Expires Nov 5. 2021

Page 303 ends

ITEM NO. 13.

LABOR AND MATERIALS BOND

EXECUTION COPY
BOND NUMBER: 0748729
PREMIUM: Included
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SummerHill N40 LLC (hereinafter designated as "Principal") have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Subdivision Improvement Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the Town to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 Town and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the Subdivision Improvement Agreement and referred to in the aforesaid Civil Code in the sum of seven hundred and ten thousand ($710,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above 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 the Town in successfully enforcing such 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 15 (commencing with Section 3082) of Part 4 of Division 3 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 performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\54443\1441213.9

Page 304 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

By:

SMHH\54443\1441213.9 2
SURETY:

INTERI\JATIONAL FIDELITY INDEMNITY

COMPANY
By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 305 ends

ITEM NO. 13.

State of California AJ -�-' County of l'.'.}n-'fy--,;. CO� )
)
On __;,��C4pe&'.!...1.__ /h. • K:..rrJ.ct/2 • , a Notary Public, personally appearea r c who proved to me on the basis of satisfactory evidence to be the person(s) hose name(.&) is/o!f6 subscribed to the within instrument and acknowledged to me that he-lshe/tb.ey executed the same in Ris/her/toor authorized capacityfiesh-and that by h-ie/her/tl.w signature(st on the instrument the person(st, 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�- �
e :e e e e e e e *l M. RINETTI
Notary Public - California :

Contra Ccs!.s Courity §;
Commission '1 2220824 -
My Comm, E�pires Nov 5. 2021
A notary public or other officer completing this ce11ificate verifies only the identity of the individual who signed the document to which this certificate is attached, aod not the truthfulness, accuracy, or validity of that document.

County
State of
of
Califort'.3nfr�
On �./. 1(), 2JtJ , beforJ;l me, /71 · /-(,h c. /1, · , a Notary Public, personally appearei:i ZVAn:s: t1e:Ji,/2 bc,c/ , who proved to me on the basis of satisfactory evidence to be the person(-&) whose na(.-) is/are subscribed to the within instrument and acknowledged to me that he/sbelthey executed the same in his/R-9-Fltl:leir authorized capacity(ieaj,. and that by his/�ir signaturefs) on the instrument the personfs), 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 '----Jn · fd6=
SMHH\54443\1441213.9 September 7, 2018

Page 306 ends

ITEM NO. 13.

POWER OF ATTORNEY

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUAL TY COMPANY
Bond#
One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 0748729
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the Jaws of the State of New Jersey, and ALLEGHENY CASUAL TY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint IVAN M. MAROEVICH, JR., RACHEL A. PORTER, WILLIAM R. GRINDELL, VALERIE D. WILLIAMS-COLE PAUL F. PERLITE.

San Francisco, CA
their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by t he Board of
Directors of ALLEGHENY CASUAL TY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have t he
power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY have each executed and attested these presents on this 31st day of December, 2016

STATE OF NEW JERSEY
County of Essex
George R. James
Executive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company)
On this 31st day of December, 2016 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2019
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A00436/MOC Insurance Services.

Page 307 ends

ITEM NO. 13.

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the docum ent to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that docum ent.

State of California
County of_ San Francisco
On September 07 , 2018 before me, _ _,D""'a"'r--"a
'-c
T'--'o"-'u"-'c�h'", _,_N"o,.,t"'a
':'rye
._P'--"cub""
l"°ic'----------
(insert name and title of the officer)
personally appeared _,_R-"a"-'c'-'-h'-'e'-'-I ..,_P_,o'-'-rt-"'e'-'-r---,----,------------,------------,---,----------- who proved to me on the basis of satisfactory evidence to be the personw whose namew isi'afe subscribed to the within instrument and acknowledged to me that Retshel#ley executed the same in flistherl#leif authorized capacityfies}, and that by--Ais,'hefAAB.if signaturew on the instrument the person{s), or the entity upon behalf of which the personw 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 __ ____::(j:::._,..__j../..:!..:.J�=�-=---- (Seal) ·. DARA TOUCH
� ;) .. ·.
. Notary Pu.blic. California
i '! .
,;) San Francisco County �
z r::omm1ss1on # 2159426 � � "c•. •·1: :r,,,.,.,., ri<p1res Jul 9, 2020 � O©OY�,..,,�4 t 4@&$

Page 308 ends

ITEM NO. 13.

FAITHFUL PERFORMANCE BOND

EXECUTION COPY
BOND NUMBER: 0748730
PREMIUM: $18,411
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SUMMERHILL N40 LLC (herein designated as "Principal") have entered an agreement by which Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of the Subdivision Improvement Agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and INTERNATIONAL FIDELITY INDEMNITY COMPANY, as Surety, are held and firmly bound unto the Town, in the penal sum of one million, nine hundred and thirty-eight thousand ($1,938,000) 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, formally by these presents.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreemenfor to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Subdivision Improvement Agreement 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 September 7th, 2018.

SMHH\54443\1441213.9 1

Page 309 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Hornes LLC,
a California limited liability company
Its Manager
By:

By:

Its: C:elO
SMHH\54443\1441213.9 2
SURETY:
/lddi INTERNATIONAt FIDELITY INDEMNITY

COMPANY
By:

Its:

Rachel A Portger
Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 310 ends

ITEM NO. 13.

State of California
County of tb� Las•� /P -IOn I) /11-�,;.,,_;;;. a Notary Public, personally appeare ,,..,· , who proved to me on the basis of satisfactory evidence to be the person(,stwho e name(,;) is/ai:., subscribed to the within instrument and acknowledged to me that b,,,lshe/tl.ey executed the same in Ftis/her/tt;i,.ir authorized capacity(i.;aj,. and that by hislher/their signature(s-) on the instrument the person('3), or the entity upon behalf of which the person(,8 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 ��
J •
c e e e @ e e e o e e e � M.RINETTI : Notary Public -California 2 � Contra Ccsia Cou.--:?.t �
z '
. -
Comm1ssron # 2220824
MY Comm. Expires Nov 5. 2021
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 /l _ County of tJ ,.,-fr,._, UJ'6 _, On :Q-p& Jq. UI j , befor1; me, /i'1. r<,h e/1, , a
_
Notary Public, personally
appeared zi,t,,.,;r ne..rrkhe!✓ , who proved to me on the basis of satisfactory evidence to be the person(aj-whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sAe/1I,ey executed the same in his/�ir authorized capacity(�). and that by his/b.e.c.fili.eir signature(s) on the instrument the person(sl, or the entity upon behalf of which the person(.:,) 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 � · � ,
SMHH\54443\1441213.9

Page 311 ends

ITEM NO. 13.

LABOR AND MATERIALS BOND

EXECUTION COPY
BOND NUMBER: 0748730
PREMIUM: Included
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SummerHill N40 LLC (hereinafter designated as "Principal") have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Subdivision Improvement Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the Town to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 Town and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the Subdivision Improvement Agreement and referred to in the aforesaid Civil Code in the sum of one million, nine hundred and thirty-eight thousand ($1,938,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above 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 the Town in successfully enforcing such 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 15 (commencing with Section 3082) of Part 4 of Division 3 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 performed, then this obligation shall become null and void otherwise it shall be and remain in full force and effect.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\54443\1441213.9 1

Page 312 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
:Maoage, cJ!l
Marjorie L. Szto
By:

SMHH\54443\1441213.9
. . .
2 SURETY:

IN�DELITY INDEMNITY

COMPANY
By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 313 ends

ITEM NO. 13.

State of California �r
f
County of (b,,,-ti--,,___ �n.-
)
)
On � 10, 2.DI� , before me, fJ-1' K-, hz::/1. · , a
_
Notary
_
Public, personally
appearea ;?l,uer• C ::52,:h:, , who proved to me on the basrs of satisfactory evidence to be the person(97 hose name(sl is/are subscribed to the within instrument and acknowledged to me that RB/she/tl>e3/ executed the same in ftis/her/tb€ir authorized capacity(J@s}, and that by hi&lher/tooir signature(,.) on the instrument the person{sj, or the entity upon behalf of which the person(sJ. 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 � · �
eeeeeee?:

M. RINETTI �
Nola� Pcblic- California z
Contra Costa County �
Commission# 2220824 -
My Comm. Expires Nov 5. 2021
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 Califowia ,, -I, County of {.�,-,-f-r---1<- cos "'---, On �f 10, C-()f'j , before mi,, 111 -�>?Ll54 · a Notary Public, personally appeared r ('.'A.,.-,-s /?e I f;A-htl✓ , who proved to me on the basis of satisfactory evidence to be the person(-srwhose name(&) is/are subscribed to the within instrument and acknowledged to me that he/s4e.l1Aey executed the same in his/�ir authorized capacity(i....J-, and that by his/�eir signature(sj- on the instrument the personfs-), 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 '---?'J?. �
SMHH\54443\1441213.9
,•eeeeeeeeeeee-�
• M. RINETTI " .... :
....
. Notary Public- Caliiomia z
i] :·- Contra Costa County f
. Commission # 2220824 ....

My Comm. Expires Nov 5, 2021
September 7, 2018

Page 314 ends

ITEM NO. 13.

POWER OF ATTORNEY

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUALTY COMPANY
Bond# 0748730 --------
One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUAL TY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint IVAN M. MAROEVICH, JR., RACHEL A. PORTER, WILLIAM R. GRINDELL, VALERIE D. WILLIAMS-COLE PAUL F. PERLITE.

San Francisco, CA.
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or other.vise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUAL TY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seats when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation With the same force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2016

STATE OF NEW JERSEY
County of Essex
George R. James
Executive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company)
On this 31st day of December,. 2016 , before me came .the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2019
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A00436/MOC Insurance Services.

Page 315 ends

ITEM NO. 13.

ACKNOWLEDGMENT
A nota ry public or other office r completing this
certificate verifies only the identity of the individua l who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State o f California
County of_ San Francisco
On September 07 , 2018
)
before me, _ ___,D=ara'--"'--T_,_o,,_u,,_c"'h-'-',----'N_,_o""t"'a ":-
ryL.!...P_,,u""
b"'-lic"'---------
(insert name a nd title of the officer)
persona lly appea red __,R-'a,,_c,,,hc.,e"'l-'P-'o"'r-"te"'r'-------------:-------,----------- who proved to me on the basis o f satisfactory evidence to be the personfsj whose namefsj istafe subscribed to the within instrument and acknowledged to me that he,lshelthey executed the same in 11iB+herl#ieif authorized capa cityfies), and tha t by-flis.Jhefi.ll'leif signa turefsj on the instrument the personfst, or the entity upon behalf of which the personfsj a cted, 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 ha nd and official seal.

Signature ___ L)_._ __ -(:--"----.,_J__---=-------- (Seal)

Page 316 ends

ITEM NO. 13.

FAITHFUL PERFORMANCE BOND

EXECUTION COPY
BOND NUMBER: 0748731
PREMIUM: $30,989
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SUMMERHILL N40 LLC (herein designated as "Principal") have entered an agreement by which Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of the Subdivision Improvement Agreement to furnish a bond for the faithful performance of said agreement NOW, THEREFORE, we, the Principal and INTERNATIONAL FIDELITY INDEMNITY COMPANY, as Surety, are held and firmly bound unto the Town, in the penal sum of three million, two hundred and sixty-two thousand ($3,262,000) 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, formally by these presents.

The condition of this obligation is such that if the above bounded Principal, 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 Subdivision Improvement Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the lime and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless Town, its officers, agents and employees, as therein stipulated, and this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\54443\1441213.9 1

Page 317 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:
fJOflC L. Szto
t Vice P1 esident
By:

SMHH\54443\1441213.9 2
SURETY:

By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 318 ends

ITEM NO. 13.

State of Californi51
County of {.fJ /l-rl?:-
On � -fJ, ZtJ fP . before me, /J7 · �hul/2 ' , a
_
Notary Public, personally
appeared ,,-n,.,,..p ,r 17:, 5�7il , who proved to me on the bas rs of satisfactory evidence to be the person(31 whose name(-s) is/are subscribed to the within instrument and acknowledged to me that ke/she/ti:u,y executed the same in h+s/her/tlreir authorized capacit�). and that by ftis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(�) 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 � · � ·
� @ e e e e e e e e e e: a1 __ M RINETTI "-·�-. NotaryPubiic-Califomia : :f �}-(// Contra Cos� Count'j � z
:, __ �-
Commission� 2220824 �
My Comm. Expires f'lov 5, 2021
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 Californ_iij -L-- /1 _ .I
County of Cd"7' � L�
On . ;i) m. K, he fl-z' ' a Notary Public, personally
appear d _ _j��__.!.f,,,;!:l-\.il'=l�----,--� who proved to me on the basis of satisfactory evidence to be the person{s) whose na (s) is/are subscribed to the within instrument and acknowledged to me that hc/sl:lellhey executed the same in his/herAReir authorized capacity(.J.l&}, and that by his/oor:AAeir signaturets) on the instrument the persort{s), or the entity upon behalf of which the person(s+ 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 A- �..&'
SMHH\54443\1441213.9 1
M. RINETTI
Notary Public- California z
Contra Ccsta Coun� �
Commission# 2220824
My Comm. E.xpir�s No11 5. 2021

Page 319 ends

ITEM NO. 13.

LABOR AND MATERIALS BOND

EXECUTION COPY
BOND NUMBER: 0748731
PREMIUM: Included
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SummerHill N40 LLC (hereinafter designated as "Principal") have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Subdivision Improvement Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the Town to secure the'claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 Town and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the Subdivision Improvement Agreement and referred lo in the aforesaid Civil Code in the sum of three million, two hundred and sixty-two thousand ($3,262,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the sarne in an amount not exceeding the amount _herein above set forth, and also in case suit is brought upon this bond, will pay, in addition lo the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Town in successfully enforcing such obligation, to be awarded and fixed by the court, and lo 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 15 (commencing with Section 3082) of Part 4 of Division 3 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 performed, then this obligation shall become null and void otherwise it shall be and remain in full force and effect.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\5444311441213.9 1

Page 320 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By: ('
Its:

By:

Its:

SMHH\54443\1441213.9 2
SURETY:

INT ATIONAL FIDELITY INDEMNITY

COMPANY
By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
(Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 321 ends

ITEM NO. 13.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which !bis certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Californ!f
County of t� efrCL,,
On 3epi-:lrJ / 21;1) , before me, [YI· �nc#c · , a
_
Notary Public, personally
appeared �,.,./ -e 52.
,,'fe , who proved to me on the basis of satisfactory evidence to be the person(-s)whse name(-stis/ar-e--subscribed to the within instrument and acknowledged to me that i'te/she/tl:iey executed the same in Ai&/her/tAeif authorized capacity(ies), and that by his/her/theifsignature,_(s) on the instrument the person(s), or the entity upon behalf of which the person\S) 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
eeeeeeeel M. RINETTI
Neta� Public- Calilornia z
Col"lir2 Ccsta County $
Commission ;; 2220824 -
My Comm. Expires Nov 5, 2021
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 CaliforQia +, County of {J)r, r,z
On �//), �i'y , before. m,e, /?1 · !Ci:O e ¢_ · , a Notary Public, personally appeared '½/4id �,{ W;/' , who proved to me on the basis of satisfactory evidence to be the person('S) whose name(s)i7are-subscribed to the within instrument and acknowledged to me that hB/she/U,ey executed the same in +,is/her/their authorized capacit� and that by ms/her/t/-;eifsignature\S) on the instrument the person(BJ, or the entity upon behalf of which the person(sj- 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 � ' �)--'
SMHH\54443\1441213.9
eneeeeeeeeeef M. RINETTI � -- · · _ .. _ _ Nola� Public- California :
� _ · _:·- Contra Costa (;ounty ::
:z · .. Commission# 2220824
· My Comm. Expires Nov 5. 2021
September 7, 2018

Page 322 ends

ITEM NO. 13.

POWER OF ATTORNEY

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUAL TY COMPANY
Bond#
One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 0748731
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the !aws of the State of New Jersey, and ALLEGHENY CASUAL TY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint IVAN M. MAROEVICH, JR., RACHEL A. PORTER, WILLIAM R. GRINDELL, VALERIE D. WILLIAMS-COLE PAUL F. PERLITE.

San Francisco, CA.
their true and lawful attomey{s)-in-fact to execute, seat and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been du!y executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the foHowing resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 2oth day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY have each executed and attested these presents on this 31st day of December, 2016

STATE OF NEW JERSEY
County of Essex
George R. James
Executive Vice President (International Fidelity Insurance Company) and Vlce President (Allegheny Casualty Company)
On this 31st day of December, 2016 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2019
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A00436/MOC Insurance Services.

Page 323 ends

ITEM NO. 13.

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_ San Francisco )
On September 07 , 2018 before me, -�D=a�ra�T=o�uc�h�.---'N�o� ta��rv�P--=u,,,b"'li"-c _______ _
(insert name and title of the officer)
personally appeared ...R,c-'a""c,,,hcce,,,1-:--'
P---'o"-'rt
:-"
e"'r-,-----:---,----------:---,-------,---,---::--------,----,---,--------� who proved to me on the basis of satisfactory evidence to be the personfsj whose namefs} istare subscribed to the within instrument and acknowledged to me that he.lsheltAey executed the same in Rislherl#leif a uthorized capacityfjest,-and that by-his,'hefl#!eiF signaturefsj on the instrument the personfst, or the entity upon behalf of which the pe rsonfsj 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 __ {)_.,___�----'-----•J(_ ______ _ (Seal)

DARA TOUCH
_
Notary Public • California
� San Francisco County I
z Commission# 2159426 :':: )4 0 i;@ ;·,.JMJ 20;''''7 txpi:es Jgl ;, JD}D, l

Page 324 ends

ITEM NO. 13.

FAITHFUL PERFORMANCE BOND

EXECUTION COPY
BOND NUMBER: 0748732
PREMIUM: $7,591
WHEREAS, the Town of Los Gatos, State of California (hereinafter called 'Town"), and SUMMERHILL N40 LLC (herein designated as "Principal") have entered an agreement by which Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of the Subdivision Improvement Agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and INTERNATIONAL FIDELITY INDEMNITY COMPANY, as Surety, are held and firmly bound unto the Town, in the penal sum of seven hundred and ninety-nine thousand ($799,000) 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, formally by these presents.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work lo be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Subdivision Improvement Agreement 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 September 7th, 2018.

SMHH\5444311441213.9 1

Page 325 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SurnmerHill Homes LLC,
a California limited liability company
:: M,aa9
ec
ct:t
Its:

Senior Vice President
-
SURETY:
l��IDELITY INDEMNITY

COMPANY
By: Rachel A Portqer
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
By: [City, State, ZIP]
/Jti vii;y,,
Its:

SMHH\54443\1441213.9 2

Page 326 ends

ITEM NO. 13.

State of Californja
County of l-/ .-rfru
On $$1-,1� Zo1} , before me, /YI· K, h(' fl, ·
, a
_
Notary Public, personally
appeared /YI.Itri!;✓' e, SZ:.--n> , who proved to me on the basrs of satisfactory evidence to be the perso$) who ename(&) is/are.subscribed to the within instrument and acknowledged to me that Aeishe/tl:!€y executed the same in Ais/her/tl'leir authorized capacityfies7, and that by AA;/her/tA<.ir signatureµ;) on the instrument the person(97, or the entity upon behalf of which the person{.;-) 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
eeeee-eee:l M. R!NETTI
Notary Public - California z
Contra Costa County $
Commission : 2220824 �
My Comm. Expires Nov 5. 2021
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 Californjij
County of O ,,-fr-c,
On � JO 1 � , before me, fl'i· fe..,'11.c.4 · a Notary Public, personally appea� ' �- l?,t,1.Jhbbr , who proved to me on the basis of satisfactory evidence to be the person Ea) whose name(-s) rs/a.e subscribed to the within instrument and acknowledged to me that hel,hetthey executed the same in his/1:lsF,l!J:ieir authorized capacity{iesj, and that by his/Aefl.ll¾lir signaturefs) on the instrument the person(s-l, 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
SMHH\54443\1441213.9
eeeeeeeee� M. RINETTl
Notary Public- Callfomia z
Contra Costa County �
Commiss:on # 2220824 �
� C!mm, Ex:es No:,;, 2,51 w

Page 327 ends

ITEM NO. 13.

LABOR AND MATERIALS BOND

EXECUTION COPY
BOND NUMBER: 0748732
PREMIUM: Included
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SurnmerHill N40 LLC (hereinafter designated as "Principal") have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Subdivision Improvement Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the Town to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 Town and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the Subdivision Improvement Agreement and referred to in the aforesaid Civil Code in the sum of seven hundred and ninety-nine thousand ($799,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above 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 the Town in successfully enforcing such 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 15 (commencing with Section 3082) of Part 4 of Division 3 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 performed, then this obligation shall become null and void otherwise it shall be and remain in full force and effect.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 7th; 2018.

SMHH\54443\1441213.9 1

Page 328 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager �;;:=. By.

By:
(1wi�_tJei:yiJvw
SMHH\54443\1441213.9 2
SURETY:

INT�DELITY INDEMNITY

COMPANY
By:

Its:

Rachel A Portger
Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 329 ends

ITEM NO. 13.

State of Califord /!l ·• .1
County of � ��
On ¥ J(J i/_j) /p _, bef9re IJlE!, /JJ · j((,i,e, f/2 · , a Notary Public, personally appeared //4 ;']? .,., G ;;,;:, --rzJ , who proved to me on the basis of satisfactory evidence to be the person(stwhose namet5) isl.are subscribed to the within instrument and acknowledged to me that l:le/she/tt-ley executed the same in his/her/tli-eir authorized capacity�), and that by A-is/her/their signature�) on the instrument the person(:;,), or the entity upon behalf of which the person(,sJ 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
M. RINETTI
Notary Public- California
Contra Costa County
Commission# 2220624
My Comm, !hpirl'li Nov 5. 2021
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 Californi?-;J
County of c ·1rrf-rt1.

On � 1(), � , before me, /rl · K-1ne 1/-, , a Notary Public, personally appe� I � �a--- ' who proved to me on the basis of satisfactory evidence to be the personfs) whose n�) is/are-subscribed to the within instrument and acknowledged to me that hc/sfw/11,e)' executed the same in his/t-lerlll,eir authorized capacity(ies), and that by his/i<Arffbr-ic.. signature(� on the instrument the personfs1, or the entity upon behalf of which the person(,sj 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
SMHH\54443\1441213.9
M. RINETTI.

Notary Public- Ca\ifom1a
contra Costa County
Commission# 2220824
My Comm, E.xpire\. Nev 5. 2021
September 7, 2018

Page 330 ends

ITEM NO. 13.

POWER OF ATTORNEY

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUAL TY COMPANY
Bond#
One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 0748732
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY I _
NSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUAL TY COMPANY a corporation organized and existing under the !aws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint IVAN M. MAROEVICH, JR., RACHEL A. PORTER, WILLIAM R. GRINDELL, VALERIE D. WILLIAMS-COLE PAUL F. PERLITE.

San Francisco, CA.
their true and lawful attorney(s)-ln-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be a!fowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 2oth day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporatlon's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature.of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2016

STATE OF NEW JERSEY
County of Essex
George R. James
Executive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company)
On this 31st day of December, 2016 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2019
1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A00436/MOC Insurance Services.

Page 331 ends

ITEM NO. 13.

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity o f the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of_ San Francisco
On September 07, 2018 before me, -�D;:-=
a�ra�T
-:-
o�u=c=h�,�N�o=t
;=
a
c-;
ry';--'-P�u
:':
b':'lice.._-=-c----
(insert name and title of the officer)
personally appeared ---,
R
-;'-
a�c
':'
h�e=l�P�o
'-:
rt:'-'
e=r
-::-:---:------:--:------,-------,------,-,-------,--:----,---------- who proved to me o n the basis o f satisfactory evidence to be the personfst whose namefst isl'afe subscribed to the within instrument a nd acknowledged to me that Ret'shel#ley executed the same in Jcii&lherl#leiF a uthorized capacityfies},-and that by-.ruslhefltReif signaturefst on the instrument the personfsh or the entity upo n behalf of which the personfst acted, executed the inst rument.

I certify under PENAL TY OF PERJURY unde r the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _ ____./1,,_
,,;., __ £,..,,_...__,.,/L..��---- (Seal)
'"'"'''""""-��- DARA TOUCH ...
:,,,
Notary Public - California
, l
San �rancis.co County I
· Comm1Ssion # 2159426 ':':

My Comm. E,, ires Jul 9, 2020

Page 332 ends

ITEM NO. 13.

FAITHFUL PERFORMANCE BOND

EXECUTION COPY
BOND NUMBER: 0748733
PREMIUM: $3,705
WHEREAS, the Town of Los Gatos, State of California (hereinafter called 'Town"), and SUMMERHILL N40 LLC (herein designated as "Principal") have entered an agreement by which Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of the Subdivision Improvement Agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and INTERNATIONAL FIDELITY INDEMNITY COMPANY, as Surety, are held and firmly bound unto the Town, in the penal sum of three hundred and ninety thousand ($390,000) 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, formally by these presents.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\54443\1441213.9 1

Page 333 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

By:

SMHH\54443\1441213.9 2
SURETY:

IN�IDELITY INDEMNITY

COMPANY
By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 334 ends

ITEM NO. 13.

State of California //} .nJ Countyof Off/rtt., C{)�
On :fkpf;/&, ZtJ IV , before ri,e, th · /c1 >ie-./l..., · a Notary Public, personally appeared r �,, -r:' S.;z 7V , who proved to me on the basis of satisfactory evidence to be the person(&) whose name(;i-) is/are subscribed to the within instrument and acknowledged to me that 1<1€/she/thsy executed the same in Ris/her/!A€ir authorized capacity� and that by hlslher/ti,e.ir signature(&) on the instrument the person(s), or the entity upon behalf of which the person(aj 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 '--Ji,,, · �
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 Califor9}a A_ County of (,»,p-r;,... 1.-D�
On • /I} , before1
mi,, f11.-· IC, he_(-/4.' , a Notary Public, personally appeared e f A. l:Jcl✓ who proved to me on the basis of satisfactory evidence to be the person�) whose name(s is/..re subscribed to the within instrument and acknowledged to me that he.1sh@1lhey executed the same in his/her'lhsiF authorized capacity�, and that by his/heFIHrnir signaturef,s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 �
SMHH\54443\1441213.9 1
M. RINETTI
Notary Public - California Contra Costa County f Commission# 2220824 My Comm. Expires No� !L 2021

Page 335 ends

ITEM NO. 13.

LABOR AND MATERIALS BOND

EXECUTION COPY
BOND NUMBER: 0748733
PREMIUM: Included
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SurnmerHill N40 LLC (hereinafter designated as "Principal") have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Subdivision Improvement Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the Town to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 Town and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the Subdivision Improvement Agreement and referred to in the aforesaid Civil Code in the sum of three hundred and ninety thousand ($390,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above 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 the Town in successfully enforcing such 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 15 (commencing with Section 3082) of Part 4 of Division 3 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 performed, then this obligation shall become null and void otherwise it shall be and remain in full force and effect.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\54443\1441213.9

Page 336 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

By:
lts: __ �_0 _____ _
SMHH\54443\1441213.9 2
SURETY:
l��IDELITY INDEMNITY

COMPANY
By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 337 ends

ITEM NO. 13.

A notary public or otber officer completing this certificate verifies only the identity of tbe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Califo/la
County of �,.+,,-/4-
On < s'� //, OI) , before me, /11 · l'<':,hr::__J/..., · a Notary Public, personally appeared ' /72�; i C ::{?-"70 , who proved to me on the basis of satisfactory evidence to be the person(s, whoname(.,.) is/are subscribed to the within instrument and acknowledged to me that be/she/th.e.y executed the same in lais/her/tll€ir authorized capacityµesL and that by his/her/I� signature(s} on the instrument the person(,;}, or the entity upon behalf of which the person(� 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.

A notary public or other officer completing this certificate verifies only tbe 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 Californj? ,,p .1_ . County of {3 nir/4_ CO £,r--e;,____;, )
)
On . /I} /J1 · /f:,'7 �/4 · , a Notary Public, personally appeare ,r , who proved to me on the basis of satisfactory evidence to be the person(,;) whose name(s) i am subscribed to the within instrument and acknowledged to me that he/she{[email protected] executed the same in his/l:leJ:ltooir authorized capacity(ies.), and that by his/� signature(.;) on the instrument the person(,;), 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
SMHH\54443\1441213.9
• M.RINETTI neeeeeeeeeeel l - Notary Public- California z i Coritra Costa Courtly !
z Commission# 2220824
My Cmnm, t,:piiU N(IV 5. 2021
September 7, 2018

Page 338 ends

ITEM NO. 13.

POWER OF ATTORNEY

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUAL TY COMPANY
Bond#
One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 0748733
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUAL TY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their princlpal office in the City of Newark, New Jersey, do hereby constitute and appoint IVAN M. MAROEVICH, JR., RACHEL A. PORTER, WILLIAM R. GRINDELL, VALERIE D. WILLIAMS-COLE PAUL F. PERLITE.

San Francisco, CA.
their true and lawful attomey(sHn-fact to execute, seal and deliver for and on its behalf as surety, any and al! bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument{s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUAL TY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that {1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and {2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and {3) the signature of any such Officer of the Corporation and the Corporation's sea! may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY have each executed and attested these presents on this 31st day of December, 2016

STATE OF NEW JERSEY
County of Essex
c�SUA()) ...
"o
1936 !
George R. James
Executive Vice President {International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company) WJEflS,,:(
On. this 31st day of- December, 2016 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he ls the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 201 g
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A00436/MOC Insurance Services.

Maria H. Branco, Assistant Secretary
..

Page 339 ends

ITEM NO. 13.

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_ San Francisco
On September 07 , 2018
)
before me, -��~��~� Dara Touch. Notary Public ==-------- (insert name and title of the officer)
personally appeared ---;
R
;"
a=c
c'
h�e=l
:-'-
P�o
'--;
rt�e=r
-:-:--;---;------,--,-----:--;----;;--------,--,------,---------,--,------ who proved to me on the basis of satisfactory evidence to be the personfst whose namefst isl'are subscribed to the within instrument and acknowledged to me that Relsheltlley executed the same in fli&'her/#Jeif authorized capacityfiest, and that by-Ris/heflttleif signaturefst on the instrument the person{sh or the entity upon behalf of which the personfst acted, exec uted 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.
(Seal)

Page 340 ends

ITEM NO. 13.

FAITHFUL PERFORMANCE BOND

EXECUTION COPY
BOND NUMBER: 0748734
PREMIUM: $893
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SUMMERHILL N40 LLC (herein designated as "Principal") have entered an agreement by which Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of the Subdivision Improvement Agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and INTERNATIONAL FIDELITY INDEMNITY COMPANY, as Surety, are held and firmly bound unto the Town, in the penal sum of ninety-four thousand ($94,000) 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, formally by these presents.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\54443\1441213.9 1

Page 341 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

By:

SMHH\5444311441213.9 2
SURETY:
,�,rr'"DCMN,>Y

COMPANY
By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 342 ends

ITEM NO. 13.

EXECUTION COPY
A notary public or otber 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 CaliforlJ)a 4 __ _; County of t� $Ni.- (_, �
On St,,J-:-;r! � , before m\l, . /1? · /CJ il C /4 . a Notary Public, personally appeared J·J C:. > 2,, 'rT> , who proved to me on the basis of satisfactory evidence to be the person� whose name(s) is/.:.Fe subscribed to the within instrument and acknowledged to me that Ail/she/they executed the same in A-is/her/ti,eir authorized capacity(ies), and that by 11.i,;/her/their signature(s, on the instrument the person(,}, or the entity upon behalf of which the person(aj 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 �.,, �
�eeeeeeeeeeeel M. RINETTI • Nola� Poblic - California z � Conira Costa County '$
>!: Commission# 2220824 -
My Comm. Exoires Nov 5. 2021
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 CalifoJJili':.L /v County of (,t!Jo tr&- LO�
On � /� , bel,>r\l me, /11 · K1 ;,,e � · a Notary Public, personally appea� IZt(,/fu:,lv , who proved to me on the basis of satisfactory evidence to be the person(-s) whose nam�(s) is/are subscribed to the within instrument and acknowledged to me that oo/she/tl:ley executed the same in r-tis/her/ti'teir authorized capacity(ies), and that by his/her/their signature( .. ) on the instrument the person{S), 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 -- --'�-=---=====---------
SMHH\54443\1441213.9 1

Page 343 ends

ITEM NO. 13.

LABOR AND MATERIALS BOND

EXECUTION COPY
BOND NUMBER: 0748734
PREMIUM: Included
WHEREAS, the Town of Los Gatos, State of California (hereinafter called 'Town"), and SurnrnerHill N40 LLC (hereinafter designated as "Principal") have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Subdivision Improvement Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the Town to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 Town and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the Subdivision Improvement Agreement and referred to in the aforesaid Civil Code in the sum of ninety-four thousand ($94,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above 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 the Town in successfully enforcing such 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 15 (commencing with Section 3082) of Part 4 of Division 3 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 performed, then this obligation shall become null and void otherwise it shall be and remain in full force and effect.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\54443\1441213.9

Page 344 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
:."'"�"\� arjorie L. Szto
SURETY:

By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address] Its:_,__+-+-------
/, i Walnut Creek CA 94597
_767
/
7 '7--t-/!
----::::====
By: ·---[_Cit)l,-State, ZIP]
V1¼ \ruw0w
Its: C))Q
SMHH\5444311441213.9 2

Page 345 ends

ITEM NO. 13.

State of Californ(k County of �
On � /�/ 2t)IY ,,before me, m. l<:J.;, C: 14 . ' a Notary Public, personally appe� /71,:tr fc)I"'' t: :S.v::§ , who proved to me on the basis of satisfactory evidence to be the person(s)'whose name(s) is/are subscribed to the within instrument and acknowledged to me that Wshe/ti:l@y executed the same in -1:lis/her/tlaeir authorized capacity(-iss), and that by his/her/tlTeir signature(.;) on the instrument the person(,+, or the entity upon behalf of which the person(aj 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 rny hand and official seal.

Signature
M. RINETTI Notary Public- California ConU"a Costa County Com f mission ; 2220824 My Comm. Expires Nov 5. 2021 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 Califrn;qia
Co u nty of 0 ,;'-/-r ,,,_
On ---==-=.=-'-'-"--r,.',;�'!--' before ;nk, fh · -C ;nc It, · a Notary Public, personally appeared 'tJJ r,v , who proved to me on the basis of satisfactory evidence to be the person(,;) whose name( s/are subscribed to the within instrument and acknowledged to me that he/.helth
signaturet0
ey
on
execute
the instrument
d the same
the
in
person(sj,
hiE/he�'thoir
or the
authorized
entity upon
capacity(iesj.,.
behalf of whic
and
h
that
the person(
by his/
st-
�
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
SMHH\54443\1441213.9
� e e en ce e :.R%E;, e e e f
� Notary Public - California
i Coni:a Costa County J
Commission# 2220824 �
My Comm. Expires Nov 5. 2021
September 7, 2018

Page 346 ends

ITEM NO. 13.

POWER OF ATTORNEY

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUAL TY COMPANY
Bond#
One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 0748734
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint IVAN M. MAROEVICH, JR., RACHEL A. PORTER, WILLIAM R. GRINDELL, VALERIE D. WILLIAMS-COLE PAUL F. PERLITE.

San Francisco, CA.
their true and !awful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUAL TY COMPANY at a meeting duly held on the 1 oth day of July, 2015 "RES_OLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's sea! thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obllgation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2016

STATE OF NEW JERSEY
County of Essex
cP..SUA.£.7) ...
"'o
George R. James
Executive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company)
1936 �
*
JERs'c:-."'"'-
On this 31st day of December, 2016 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that the sea!s affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. lN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2019
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of sald Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. !N TESTIMONY WHEREOF, I have hereunto set my hand on this day, A00436/MOC Insurance Services.

Page 347 ends

ITEM NO. 13.

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this c ertificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of_ San Francisco
On September 07, 2018 before me, -�D
cc._
a=r�a�T�ou=c=h�,�N�o�t=a�ry�P=ub�=lic�------
(insert name and title of the officer)
personally appeared _,
R
c'
�ac
':'
h�e�l
c"
P�o
'-:
r
:"
te�r
-c-::-c-----cc----,----,---;:-----,----,-----,-----,-.,----- who proved to me on the basis of satisfactory evidence to be the personfs} whose namefs} istaFe subscribed to the within instrument and acknowledged to me that lielsheAAey executed the same in Hi&lhert'#leif authorized capacityfiest, and that by-lw.,,lhefl#leif signaturefs} on the instrument the personfs}, or the entity upon behalf of which the personfs} 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 --�/)�k--tch-"'-��-==---- (Seal)

DARA TOUCH
Notary Public - California
San Francisco County �
Cpmmission # 2159426 ::

M Comm. E,xpires Jul 9, 2020

Page 348 ends

ITEM NO. 13.

FAITHFUL PERFORMANCE BOND

EXECUTION COPY
BOND NUMBER: 0748735
PREMIUM: $2,917
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SUMMERHILL N40 LLC (herein designated as "Principal") have entered an agreement by which Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of the Subdivision Improvement Agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and INTERNATIONAL FIDELITY INDEMNITY COMPANY, as Surety, are held and firmly bound unto the Town, in the penal sum of three hundred and seven thousand ($307,000) 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, formally by these presents.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the w'ork to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Subdivision Improvement Agreement 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 September 7th, 2018.

SMHH\54443\1441213.9 1

Page 349 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

By:
l:dr{aio�ie L. Szto
SMHH\54443\1441213.9 2
SURETY:

INTERNATioriii:L FIDELITY INDEMNITY

COMPANY
By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
[City, State, ZIP]

Page 350 ends

ITEM NO. 13.

State of CaliforJJia /v __ ,
County of __ t.Mf,-c..,=�--��=-
)
)
On 3/ Jo, 2d l'Y . . before me. f"l · 4e-fh · a
_
Notary
_
Public. personally
appeared /l2""".Jpr• e Sl,,-1-<> . who proved to me on the basis of satisfactory evidence to be the person(<>1 whose namefs) is/are subscribed to the within instrument and acknowledged to me that 19e/she/tooy executed the same in Ris/her/tA-eir authorized capacityfi,,s), and that by A-is/her/their signature(s, on the instrument the person(s-). 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
e e e e e e e e e
M. RINETTI l Notary PubHc - California
Contra Ccsta County f Commission# 2220824 �
My Comm, Expires Nov 5. 2021
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 Califor
County of 6 n1n ...
)
)
On fJ:f � /() 2()1)> , before me, /VI · fGhe_l/2 · , a Notary Public, personally appe� �Vh r,::, 11n� 1../:,lf , who proved to me on the basis of satisfactory evidence to be the person(&) whose name�) is/are subscribed to the within instrument and acknowledged to me that he/shedh'-Y executed the same in his/19-efAAeir authorized capacity(ies), and that by his/herfll%lir signature(s) on the instrument the person(s). or the entity upon behalf of which the personEs) 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
SMHH\54443\1441213.9 1
M. RINETTI �
Notary Public - California
Contra Costa COtJnty f
Commiuion f 2220824
My Comm� !:!1::pirea Nov 5. 2021

Page 351 ends

ITEM NO. 13.

LABOR AND MATERIALS BOND

EXECUTION COPY
BOND NUMBER: 0748735
PREMIUM: included
WHEREAS, the Town of Los Gatos, State of California (hereinafter called "Town"), and SummerHill N40 LLC (hereinafter designated as "Principal") have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated September [DAY], 2018, and identified as the "Subdivision Improvement Agreement" is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Subdivision Improvement Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the Town to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 Town and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the Subdivision Improvement Agreement and referred to in the aforesaid Civil Code in the sum of three hundred and seven thousand ($307,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above 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 the Town in successfully enforcing such 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 15 (commencing with Section 3082) of Part 4 of Division 3 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 performed, 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 terms of the Subdivision Improvement 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 instrument has been duly executed by the Principal and Surety above named, on September 7th, 2018.

SMHH\5444311441213.9

Page 352 ends

ITEM NO. 13.

PRINCIPAL:

SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By: (
By:
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SMHH\54443\1441213.9
SURETY:

NTEI�ilrr ATINALFIDELITY INDEMNITY

COMPANY
By: Rachel A Portger
Its: Attorney-In-Fact
2999 Oak Rd. #820
[Address]
Walnut Creek CA 94597
------·
[City, State, ZIP]
2

Page 353 ends

ITEM NO. 13.

State of Califoq;)ja
County of �,rlr-,.,,
On � Jr}. 0 IY , before me, /J1 · K.!Y?e·/h · , a Notary Public, personally appe� /?J,t,:;t7-Yi C 52---17) , who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(-s) is/a.., subscribed to the within instrument and acknowledged to me that helshe/tooy executed the same in �/her/their authorized capacity(ie&), and that by Ais/her/tReif signature(,;) on the instrument the person(s,, or the entity upon behalf of which the person(st 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 '--Jn · �/$�
eeeeeeeeA� M. RINETTl
Notary Pcabiic - California z
Co11tra Costa Couniy �
Commissiori # 2220824 �
My Comm. Expires Nov 5, 2021
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 CalifortJJ? 4 , .1._ County of QrJt/',<_, Co.Jv' ""-- On � Id � , before me, /7'1 ·Kr'nc,/,t, ·
, a
_
Notary Public, personally
appeared z �rh.6tJ,-- 'who proved to me on the basis of satisfactory evidence to be the person(,;;.) whose name(& is/a.e-subscribed to the within instrument and acknowledged to me that hc/.he/lh@y executed the same in his/-Me1/ll1eir authorized capacity(ies), and that by his/h� signature(%) on the instrument the person(st, or the entity upon behalf of which the person(s.) 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
SMHH\54443\1441213.9
M. RINETTI Notary Public- California
Cont�a �Os!B County Comm1ss1on # 222oa24 hly Comm. Expires Nov 5. 2021 September 7, 2018

Page 354 ends

ITEM NO. 13.

POWER OF ATTORNEY

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUAL TY COMPANY
Bond#
One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 0748735
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint IVAN M. MAROEVICH, JR., RACHEL A. PORTER, WILLIAM R. GRINDELL, VALERIE D. WILLIAMS-COLE PAUL F. PERLITE.

San Francisco, CA.
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 2oth day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 1oth day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY have each executed and attested these presents on this 31st day of December, 2016

STATE OF NEW JERSEY
County of Essex
George R. James
Executive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company)
On this 31st day of December, 2016 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

JN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2019
l, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A00436/MOC Insurance Services.

Page 355 ends

ITEM NO. 13.

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_ San Francisco
On September 07 , 2018
)
before me, _ ____,D':'
a�r�a�T
;---
o�u�c�h�,�N�o�t
:"'
a
'::
ry:-P'----"'u
:":
bl"'ic"---------c::---,--------
(insert name and title of the officer)
personally appeared �R�ac":'
h�e�l
':-'
P�o�rtc-'-
e�r'-:--:----:--:----:----:------:-:------,---:----,-------- who proved to me on the basis of satisfactory evidence to be the personfs} whose namefs} istare subscribe d to the within instrument and acknowledged to me that lle/sheltRey executed the same in Ri&lherAAeif authorized capacityfiest, and that by-il-i&lhefl#le+F signaturefs} on the instrument the personfst, or the entity upon behalf of which the personfs} 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.
(Seal)

Page 356 ends

ITEM NO. 13.

ATTACHMENT 3

Page 357 ends

ITEM NO. 13.

ATTACHMENT 3

Page 358 ends

ITEM NO. 13.

PREPARED BY: Chris Todd
Emergency Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/05/2025
ITEM NO: 14
DATE: July 24, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Submission of Wildfire Planning and Mitigation Grant Applications to CAL FIRE, FEMA, and the California Fire Safe Council RECOMMENDATION: Authorize the Submission of Wildfire Planning and Mitigation Grant Applications to CAL FIRE, FEMA, and the California Fire Safe Council.

FISCAL IMPACT:

If these grants were awarded, the Town could receive up to $1,750,000 in grant funding to support wildfire planning and mitigation efforts. If awarded, the total local match commitment from the Town is anticipated to be between $462,500 and $612,500. Match requirements will be funded from the $1 million Emergency Management allocation. No budget amendment is required at this time. Currently, there is approximately $878,558 remaining from the initial $1 million Emergency Management allocation. If the full $612,500 match requirements are realized, $266,058 of the $1 million Emergency Management allocation would remain.

The below table outlines the various grant applications under consideration:

Project Estimated
Cost
Grant Request Town
Match
Match Source
Evacuation Plan
(CAL FIRE)
$300,000 $300,000 $0 N/A
VMP Update (CAL
FIRE)
$150,000–
$250,000
$150,000–
$250,000
$0 N/A
VMP Update (USDA
CWDG)
$250,000 $250,000 $62,500 Emergency
Management
Allocation

Page 359 ends

ITEM NO. 14.

PAGE 2 OF 4
SUBJECT: Authorize the Submission of Wildfire Planning and Mitigation Grant Applications to CAL FIRE, FEMA, and the California Fire Safe Council DATE: July 24, 2025
VMP Update (CFSC
Alternate Plan)
$150,000–
$250,000
up to
$100,000
up to
$150,000
Emergency
Management
Allocation
Outdoor Warning
Siren
$1,600,000 $1,200,000 $400,000 Emergency
Management
Allocation
STRATEGIC PRIORITY:

These proposed grant allocations align with the Core Goal of Public Safety and the strategic priority related to furthering the Town’s emergency preparedness, resiliency, and response capabilities, particularly in the area of wildfire risk.

BACKGROUND:

The Town of Los Gatos continues to address significant wildfire risk across its Wildland-Urban Interface (WUI) neighborhoods. Several efforts are currently underway or being prepared to better identify community vulnerabilities, enhance emergency operations, and secure external funding to reduce long-term fire hazards.

In 2020, the Town adopted a Vegetation Management Plan (VMP) to support defensible space and roadside fuel reduction. Since that time, conditions have continued to evolve, including changes in community exposure, evacuation planning requirements under state law, and grant eligibility thresholds. Separately, while many Town neighborhoods are already enrolled in digital alerting platforms, there remains a critical need for redundant, audible emergency warning.

In March 2025, the Town submitted an application to the USDA’s Community Wildfire Defense Grant Program (CWDG) seeking $250,000 to support an updated Vegetation Management Program. While that application is pending, the current grants represent additional and alternative opportunities to fund foundational planning work and to ensure readiness regardless of federal award outcomes.

These proposed grant applications will support foundational planning and communication initiatives designed to reduce life safety risk and maintain the Town’s eligibility for future implementation-phase vegetation mitigation grants.

DISCUSSION:

The Town is preparing multiple grant applications in support of three high-priority wildfire preparedness projects: development of a comprehensive evacuation plan supported by traffic

Page 360 ends

ITEM NO. 14.

PAGE 3 OF 4
SUBJECT: Authorize the Submission of Wildfire Planning and Mitigation Grant Applications to CAL FIRE, FEMA, and the California Fire Safe Council DATE: July 24, 2025
simulation modeling; a full update to the Town’s Vegetation Management Plan; and installation of an outdoor emergency warning system. Each application targets a specific project need while aligning with broader emergency management objectives and state compliance requirements.

Town-Wide Evacuation Plan with Simulation-Based Modeling This project will develop a detailed wildfire evacuation plan, including travel demand modeling, simulation-based zone clearance analyses, and phased evacuation strategies. The plan will be designed in alignment with SB 99, SB 1241, and AB 747, and structured for integration with the Town’s Emergency Operations Plan (EOP).

In anticipation of conducting this work, the Town issued a Request for Proposals (RFP) for this project in June that closed on July 29, 2025. Proposals are currently under evaluation. This project is estimated to cost $300,000. If authorized by Council, a grant application will be submitted to CAL FIRE’s Wildfire Prevention Grant Program for the full estimated amount, which does not require a local match for planning projects.

Vegetation Management Plan (VMP) Update
The Town’s existing VMP is due for revision to reflect updated vegetation conditions, public feedback, and emerging regulatory guidance. The revised plan will improve coordination across departments, support prioritization of mitigation activities by the Parks and Public Works Department, and ensure continued grant eligibility.

The estimated planning cost for this effort is between $150,000 and $250,000, depending on consultant scope and the need for environmental documentation. This project will be submitted to the CAL FIRE Wildfire Prevention Grant Program. No local match is required.

An alternative funding request for up to $100,000 will also be submitted under the upcoming California Fire Safe Council SFC Grant Program. If awarded, it may fully or partially fund the VMP update in lieu of CAL FIRE or USDA funding. Match requirements could be up to $150,000.

As noted, a related application to the USDA Community Wildfire Defense Grant (CWDG) was submitted in March 2025 and remains pending. That application, if awarded, would fund a broader Vegetation Management Program that includes the updated VMP. If funded, it would serve as an alternative to the CAL FIRE and CFSC proposals.

Outdoor Emergency Warning System
The proposed project includes installation of a high-decibel, siren-based outdoor emergency warning system focused on WUI neighborhoods with evacuation vulnerability. The system will serve as a redundant method of alerting alongside AlertSCC, Genasys Protect, and other digital notification tools.

Page 361 ends

ITEM NO. 14.

PAGE 4 OF 4
SUBJECT: Authorize the Submission of Wildfire Planning and Mitigation Grant Applications to CAL FIRE, FEMA, and the California Fire Safe Council DATE: July 24, 2025
The estimated total project cost is $1,600,000. The Town will submit a grant application to the FEMA Hazard Mitigation Grant Program requesting $1,200,000 in federal funding (75%). The required 25% local match would be $400,000.

CONCLUSION:

Approval of these recommendations will enable the Town to pursue approximately $1.7 million in grant funding to advance critical wildfire preparedness initiatives. These efforts will modernize the Town’s evacuation planning and vegetation risk prioritization, and address longstanding needs related to real-time emergency alerting.

If awarded, staff will return to Council to accept the grants, confirm project scope, and approve contract agreements as required.

COORDINATION:

This effort is being coordinated by the Emergency Management Program and has been reviewed with the Town Manager’s Office and Parks and Public Works Department.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Page 362 ends

ITEM NO. 14.

PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Human Resources Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/05/2025
ITEM NO: 15
DATE: July 9, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution to Appoint the Town Manager as Plan Administrator for the Town’s 457(b) and 401(a) Defined Contribution Retirement Plans, Authorize the Town Manager to Execute Necessary Service Provider Agreements and Grant Town Manager the Authority to Delegate/Assign Duties for the Plan to a Fiduciary Investment Advisor Firm and Appropriate Departments and Staff.

RECOMMENDATION: Adopt a Resolution to (1) appoint the Town Manager as Plan Administrator for the City’s 457(b) and 401(a) defined contribution retirement plans; (2) authorize the Town Manager to execute necessary service provider agreements related to the administration of the plans; and (3) grant Town Manager the authority to delegate/assign duties for the plan to Shuster Advisory Group, LLC, to provide fiduciary investment advisory and plan consultative services, and appropriate departments and staff to fulfill the Town’s fiduciary responsibilities and duties as outlined in Article XVI, Section 17 of the California Constitution.

FISCAL IMPACT:

There is no fiscal impact on the Town from this action. The participants pay the fee, and the new service agreement will provide significant savings and better investment options to the plan participants.

STRATEGIC PRIORITIES:

This item aligns with the Core Goal of Fiscal Stability and the strategic priority to ensure prudent fiscal management.

Page 363 ends

ITEM NO. 15.

PAGE 2 OF 3
SUBJECT: Appoint Town Manager as Plan Administrator and Shuster Advisor as Fiduciary for the Town’s 457(b) and 401(a) defined contribution retirement plans DATE: July 9, 2025
BACKGROUND:

The Town provides an employer-sponsored deferred compensation plan under Section 457(b) of the Internal Revenue Code (“IRC”) and a 401(a) defined contribution plan under that section of the IRC. The 457(b) Plan provides tax benefits to employees who make deposits into the plan for their retirement. The 401(a) plan is an employer-sponsored money purchase retirement plan that allows dollar or percentage-based contributions from the Town for certain employees as retirement savings. As the sponsor of the plans, the Town has certain fiduciary duties and responsibilities under State law and Federal law. These duties and responsibilities focus on ensuring the operation and investment of the plan are for the exclusive purpose of providing benefits to participants and beneficiaries. Specifically, fiduciary responsibilities include:
 Investing the assets of the plan;
 Administering the plan; and
 Engaging in a prudent process for making all decisions related to the operation of the plan, including decisions related to the plan's investments and related services.

Because of the increasing complexity of the investment process and associated responsibilities to fulfill the Town’s fiduciary responsibility to provide plans in the best interests of participating employees, staff issued a request for proposal for 457(b) deferred compensation and 401(a) retirement plan services on April 4, 2025. After a thorough review of the responses from all proponents, Shuster Advisory Group, LLC (“Shuster”) was selected to assist the Town in fulfilling the Town’s fiduciary responsibility to provide plans in the best interests of participating employees by providing fiduciary investment advisory services and plan consultative services.

Shuster is a SEC-Registered Investment Advisor with over $9 billion in assets under advisement, focusing on serving the unique needs of governmental agencies, and special districts serving over 100 cities, agencies and public entities. Shuster serves as a fiduciary to plan investments and provides investment selection, monitoring, and management, as well as plan design and consultative services.

As part of their preparation in response to the Town’s request for proposal, Shuster conducted a review of the existing plans and identified areas where the plans and pricing can be improved.

Shuster has negotiated an 89% reduction in the 457(b) and 401(a) record-keeping fees without a reduction in services. Shuster will lead a reorganization of the plans implementing fee transparency, an open architecture institutional investment menu, and fiduciary oversight practices.

DISCUSSION:

Based on analysis and final negotiations, it was determined that the 457(b) and 401(a) Plan participants would benefit by remaining with the current record-keeper, MissionSquare, while

Page 364 ends

ITEM NO. 15.

PAGE 3 OF 3
SUBJECT: Appoint Town Manager as Plan Administrator and Shuster Advisor as Fiduciary for the Town’s 457(b) and 401(a) defined contribution retirement plans DATE: July 9, 2025
implementing the significant reduction in costs and enhanced platform, investments, and services. The estimated positive financial impact to participant accounts from just the fee reduction alone is $8 million over a 30-year period (this assumes no additional contributions or distributions and an average 5% annual rate of return). This impact does not consider the potential for enhanced investment performance from the new, higher-quality, comprehensive, institutional, and low-cost investment menu, nor any future contributions or distributions.

Below is a summary of independent investment rating and scoring agencies comparing the plan’s current menu to the proposed new menu.

Scoring/Rating
Agency
RPAG Score (0-
10, 10 is best)
Fi360 Score (100-
0, 0 is best)
Morningstar Rating
(1-5, 5 is best)
Current Menu 7.9 25.6 3.5
New Menu 9.3 11.4 4.1
ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

COORDINATION:

This memo was developed in coordination with the Town Manager’s Office and the Human Resources Department.

Attachments:

1. Resolution to Authorize the Town Manager as Plan Administrator for 457(b) and 401(a) plans

2. Agreement with Shuster Advisory Group

3. Shuster Advisory Proposal

Page 365 ends

ITEM NO. 15.
1 of 2
Resolution 2025- August 05, 2025
ATTACHMENT 1
DRAFT RESOLUTION 2025-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENTS TO (1) APPOINT THE TOWN MANAGER AS PLAN ADMINISTRATOR FOR THE TOWN’S 457(B) AND 401(A) PLANS (“THE PLANS”), (2) AUTHORIZE

TOWN MANAGER TO EXECUTE NECESSARY SERVICE PROVIDER AGREEMENTS RELATED TO THE ADMINISTRATION OF THE PLANS AND (3) GRANT TOWN MANAGER THE AUTHORITY TO

DELEGATE/ASSIGN DUTIES FOR THE PLAN TO APPROPRIATE DEPARTMENTS AND STAFF TO FULFILL TOWN’S FIDUCIARY RESPONSIBILITIES AND DUTIES AS OUTLINED IN ARTICLE XVI, SECTION 17 OF THE CALIFORNIA CONSTITUTION
WHEREAS, the Town provides an employer sponsored 457 Deferred Compensation Plan and 401(a) Defined Contribution Plan under Section 457(b) and Section 401(a) of the Internal Revenue Code (IRC) herein known as “the Plans”; and
WHEREAS, the Plans provide tax benefits to eligible employees who make deposits into the plan for their retirement; and
WHEREAS, MissionSquare provides record-keeping and administrative services for the Plans; and
WHEREAS, after conducting an RFP for retirement plan fiduciary and consulting services; and WHEREAS, the Town selected Shuster Advisory Group, LLC to provide retirement plan fiduciary and consulting services to the Plans, including a review of current plan fees and investments; and WHEREAS, after reviewing the 457(b) and 401(a) plan data collected, Shuster determined that plan participants would benefit from a significant reduction in plan costs, and the implementation of an enhanced investment platform, utilizing the current record-keeper, MissionSquare; and THEREFORE, BE IT RESOLVED: that the Town Council of Los Gatos hereby authorizes the following:

The Town Manager of the Town of Los Gatos is authorized as the Plan Administrator of the 457(b) and 401(a) plans and is authorized to execute necessary service provider agreements related to the administration of the plans, and to delegate/assign duties related to the administration of the plans to appropriate departments and staff.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of August 2025 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

Page 366 ends

ITEM NO. 15.
2 of 2
Resolution 2025- August 05, 2025
ATTACHMENT 1
ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

Page 367 ends

ITEM NO. 15.

ATTACHMENT 2

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on (DATE) by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and SHUSTER ADVISORY GROUP, LLC, (“Consultant”), whose address is 155 N. Lake Ave., Suite 950, Pasadena, CA 91101. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desire to engage Consultant to provide fiduciary investment advisory services and plan consultative services for the Town’s 457(b) deferred compensation plan and 401(a) defined contribution plans..

1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

Consultant acknowledges Town has relied upon these warranties to retain Consultant.

II. AGREEMENTS

2.1 Scope of Services. Consultant shall provide services as described in that certain proposal sent to the Town on April 25, 2025 and the related Consultant and Fiduciary Acknowledgements, which are hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. This contract will remain in effect until terminated by either party as defined in Section 4.3 of this Agreement
. Consultant shall perform the services described in this agreement and as further defined in the Retirement Plan Consulting Services Agreement attached as Exhibit B..

2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.

2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

Information/Report Handling. All documents furnished to Consultant by the Town are the Town’s

Page 368 ends

ITEM NO. 15.

ATTACHMENT 2
property. All reports and supportive data prepared by the Consultant under this Agreement are the Consultant’s and Town’s property and copies shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its servicespursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.

2.5 Compensation. Compensation for Consultant's professional services shall not exceed $31,000 per annum ($2,583.33 per month), inclusive of all costs. This cost is paid directly by the plan participants. Payment shall be based upon Town approval of each task.

2.6 Billing. The monthly compensation will be deducted from the assets of the retirement plans identified in Exhibit A pro-rata from participant accounts and will be paid to Consultant by the record keeper of the plans as described in Exhibit B.

2.7 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.

2.8 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town.

2.9 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

Page 369 ends

ITEM NO. 15.

ATTACHMENT 2

2.10 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

2.11 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage, and a limit if not less than $1,000,000 coverage for unowned automobiles. ii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
iii. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.

General Liability:

Page 370 ends

ITEM NO. 15.

ATTACHMENT 2
i. The Town, its elected and appointed officials, employees, and agents, are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the automobile or professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its elected and appointed officials, employees, and agents, shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its elected and appointed officials, employees, and agents.
iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.

3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.

3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town, its elected and appointed officials, employees, and agents, from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing the work described in this contract.

IV. GENERAL TERMS

4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of

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ITEM NO. 15.

ATTACHMENT 2
a subsequent breach of the same or any other provision of this Agreement.

4.2 Governing Law and Venue. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.

4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than thirty days (30) written notice of termination. In the event of termination, upon request, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.

4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.

4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Shuster Advisory Group, LLC
Attn: Mark Shuster
155 N. Lake Ave., Suite 950
Pasadena, CA 91101
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.

4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

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ITEM NO. 15.

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IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

Town of Los Gatos by: Consultant, by:

Chris Constantin, Town Manager
Recommended by:

Gitta Ungvari, Finance Director
Approved as to Form:

Gabrielle Whelan, Town Attorney

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ITEM NO. 15.

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EXHIBIT A

SCOPE OF WORK AND CONSULTANT & FIDUCIARY ACKNOWLEDGEMENTS TOWN acknowledges the following:

1. TOWN, as the responsible plan fiduciary for the Town of Los Gatos 457(b) Deferred Compensation Plan and 401(a) defined contribution plan (“Plan(s)), has the authority to designate investment alternatives under the Plan and the related trust, and to enter into an Agreement with third parties to assist in these and related duties.

2. In performing the Fiduciary Services, CONSULTANT is acting as a fiduciary of the Plan and as a registered investment advisor under the Investment Advisers Act of 1940.

3. In performing the Non-Fiduciary Services, CONSULTANT is not acting as a fiduciary of the Plan.

4. In performing both Non-Fiduciary Services and Fiduciary Services, CONSULTANT does not act as, nor has CONSULTANT agreed to assume the duties of, a trustee or the Plan Administrator, and CONSULTANT has no discretion or responsibility to interpret the Plan documents, to determine eligibility or participation under the Plan, or to take any other action with respect to the management, administration or any other aspect of the Plan.

5. CONSULTANT will perform the Fiduciary Services described in Appendix A to the Plan based on the standard of care as set forth in the Investment Advisor Act of 1940 and, as such, in accordance with the prudent man rule set forth in ERISA Section 404(a)(1)(B).

6. CONSULTANT will perform the Non-Fiduciary Services described in Appendix B using reasonable business judgment and shall not be liable for any liabilities and claims arising thereunder, unless directly arising from CONSULTANT’s intentional misconduct or gross negligence.

7. TOWN acknowledges that CONSULTANT has no responsibility to provide any services related to the following types of assets: employer securities; real estate (except for real estate funds and publicly traded REITs); stock brokerage accounts or mutual fund windows; in-plan retirement income annuity products; participant loans; non-publicly traded partnership interests; other non-publicly traded securities (other than collective trusts and similar vehicles); or other hard-to-value securities or assets.

Such assets (except for real estate funds, publicly traded REITs, and collective trusts and similar vehicles) shall be referred to collectively as “Excluded Assets.” The Excluded Assets shall be disregarded in determining the Fees payable to CONSULTANT pursuant to this Agreement, and the Fees shall be calculated only on the remaining assets (the “Included Assets”).

8. CONSULTANT does not provide legal or tax advice.

9. Investments are subject to various market, political, currency, economic, and business risks, and may not always be profitable. As a result, CONSULTANT does not and cannot guarantee financial results.

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ITEM NO. 15.

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10. CONSULTANT may, by reason of performing services for other clients, from time to time acquire confidential information. TOWN acknowledges and agrees that CONSULTANT is unable to divulge to the TOWN or any other party, or to act upon, any such confidential information with respect to its performance of this Agreement.

11. CONSULTANT is entitled to rely upon all information provided to CONSULTANT (whether financial or otherwise) from reputable third parties or by TOWN, TOWN’s representatives or third-party service providers to TOWN, the Plan or CONSULTANT, without independent verification. TOWN agrees to promptly notify CONSULTANT in writing of any material change in the financial and other information provided to CONSULTANT and to promptly provide any such additional information as may be reasonably requested by CONSULTANT.

12. CONSULTANT will not be responsible for voting (or recommending how to vote) proxies of any publicly traded securities (including mutual fund shares) held by the Plan (or its trust). Responsibility for voting proxies of investments held by the Plan or its trust remain with TOWN (or, if applicable, the Plan participants).

13. TOWN understands that CONSULTANT: (i) may perform other services for other clients, (ii) may charge a different fee for other clients, and (iii) may give advice and take action that is different for each client

14. The person signing the Agreement on behalf of TOWN has all necessary authority to do so.

15. The execution of this Agreement and the performance thereof is within the scope of the investment authority authorized by the governing instrument and/or applicable laws. The signatory on behalf of TOWN represents that the execution of the Agreement has been duly authorized by appropriate action and agrees to provide such supporting documentation as may be reasonably required by CONSULTANT.

16. The Plan and related Trust permit payment of fees out of Plan assets. TOWN has determined that the fees charged by CONSULTANT are reasonable and are the obligation of the Plan; however, if TOWN desires, it may pay the fees directly, rather than with Plan assets.

17. CONSULTANT agrees to take reasonable steps to protect Private Participant Information and Plan Investment Data in its possession;
CONSULTANT is not responsible for the assessment of systems and procedures of third parties for the protection of plan and participant data; CONSULTANT is not responsible for the actions by or the failure to act by TOWN, by other service providers, or by Plan participants to protect Data; CONSULTANT shall have no liability in the event of a Data breach or a violation of participant privacy rights (under the California Consumer Privacy Act or otherwise) unless said breach is the direct result of negligence, recklessness, or willful misconduct of an employee of CONSULTANT.

18. Receipt of Disclosure and Consent to Electronic Delivery. TOWN acknowledges receipt and undertakes to review and consider the disclosures made by CONSULTANT (including in this Agreement, the Form ADV Part 2 and CONSULTANT’s Privacy Policy), in particular the portions related to services,

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ITEM NO. 15.

Page 9 of 12 ends

compensation, and potential conflicts of interest, as well as the remainder of the disclosures concerning, among other matters, background information such as educational and business history, business practices such as the types of advisory services provided, the methods of securities analysis used, and the like.

Further, TOWN consents to electronic delivery (via email or other generally accepted method) of current and future distributions of CONSULTANT’s Form ADV Part 2 and Privacy Policy. Consent to electronic delivery may be canceled at any time by sending a written request to CONSULTANT.

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ITEM NO. 15.

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APPENDIX A – FIDUCIARY SERVICES
CONSULTANT will perform the following fiduciary services:

1. Development of an Investment Policy Statement (IPS). The IPS establishes the investment policies and objectives for the Plan(s), and shall set forth the asset classes and investment categories to be offered under the Plan(s), as well as the criteria and standards for selecting and monitoring the investments. The TOWN shall have the ultimate responsibility and authority to establish such policies and objectives and to adopt the investment policy statement.

2. Consistent with the Investment Policy Statement, CONSULTANT will select the initial investment options within the Plan(s).

3. CONSULTANT will periodically review the investments within the Plan(s) and shall be responsible for making additions/deletions thereto.

4. CONSULTANT will provide periodic investment advisory reports that document consistency of fund management and performance to the guidelines set forth in the IPS, and to make recommendations to maintain, or remove and replace investment options. Reports to include: Market Overview, In-Depth Portfolio Summary, Plan Asset Allocation Analysis and Fund Performance Comparison to the Index.

5. Meet with TOWN on a periodic basis to discuss reports and recommendations.

6. Annually review the IPS with the TOWN to ensure it continues to meet the TOWN’s needs.

7. Selection of a default investment for participants who fail to make an investment election.

8. Coordinate the Deferred Compensation Committee meetings, record the meeting minutes and provide minutes to the attending members.

LIMITATIONS ON FIDUCIARY SERVICES
CONSULTANT shall not be responsible or liable for the recommendations of or services rendered by anyone other than CONSULTANT. The ability to perform the above services is contingent upon the rules, policies, processes, and responsiveness to our requests for information of TOWN, plan sponsor, record keeper(s), and/or third party administrator(s).

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ITEM NO. 15.

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APPENDIX B – NON-FIDUCIARY SERVICES
CONSULTANT will perform the following Non-Fiduciary services:

1. Provide Plan design consulting and Plan document review

2. Provide vendor management/issue resolution

3. Provide consulting assistance on fiduciary best practices

4. Assist in the transition of previous record-keeper(s) and/or Plan provider(s)

5. Provide custom communications when needed

6. Assist in communications with recordkeeper(s) and/or Plan provider(s)

7. Distribute Plan level newsletters

8. Provide RFP services and Plan fee negotiations

9. Incumbent vendor and fee review

10. Contract review support

11. Employee education

12. Provide assistance with mandatory and optional legislative changes

LIMITATIONS ON NON-FIDUCIARY SERVICES
CONSULTANT shall not be responsible or liable for the recommendations of or services rendered by anyone other than CONSULTANT. CONSULTANT and TOWN/plan sponsor will work together to determine mutually agreed upon for services requiring both parties coordinate and/or attend. The ability to perform the above services is contingent upon the rules, policies, processes, and responsiveness to our requests for information of TOWN, plan sponsor, record keeper(s), and/or third-party administrator(s).

EXHIBIT B - FEE SCHEDULE

1. All fees are billed in arrears.

2. The initial fee will be the amount prorated for the number of days included in the initial billing period from the effective payment start date.

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ITEM NO. 15.

Page 12 of 12 ends

3. If this Agreement is terminated prior to the end of a billing period, CONSULTANT shall be entitled to a fee, prorated for the number of days in the billing period prior to the effective date of termination.

4. All fees will be due and payable within 30 days and are payable to “Shuster Advisory Group, LLC”

5. The annual fee for services shall be as follows:

Beginning with the Effective Date of this Agreement and continuing until the earlier of the date the plans are converted to a new record-keeper and assets from the prior record-keeper are transferred, the date the plans are converted to a new record-keeper and the first payroll deferral is processed by the new record-keeper, or the date it is decided to remain with the incumbent record-keeper and new pricing is implemented, if applicable, (hereafter known as the “Conversion Date”) the fee for service shall be $2,583.33 per month. Fees will accrue and be paid from Plan assets to CONSULTANT by the record keeper upon the Conversion Date.

After the “Conversion Date”, the fee for service shall be $2,583.33 per month. Fees will be deducted from Plan assets and will be paid to CONSULTANT by the record-keeper.

At CONSULTANT’s discretion the billing period described above may be adjusted to quarterly.

Page 379 ends

ITEM NO. 15.

PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/05/2025
ITEM NO: 16
DATE: July 22, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Contract for Legal Services with the Law Firm of Goldfarb & Lipman to Increase the Contract Amount by $65,000, for a Total Contract Amount Not to Exceed $305,000
RECOMMENDATION: Authorize the Town Manager to execute a Third Amendment to the contract for legal services with the law firm of Goldfarb & Lipman to increase the contract amount by $65,000, for a total contract amount not to exceed $305,000
FISCAL IMPACT:

The funds are available from the Fiscal Year 2024-25 budget. Therefore, there is no budget adjustment requested in connection with approval of this contract amendment; the request is solely for approval of the contract amendment.

STRATEGIC PRIORITY:

This item is in alignment with the Core Goal of Good Governance. Legal services are a core component of effective municipal governance. Increasing the contract amount to continue or expand legal support reflects the Town's commitment to sound decision-making, legal compliance, and accountability in managing land use, contracts, and other civic matters. This supports the goal of maintaining a transparent and well-functioning government.

BACKGROUND:

In July 2022, the Town Attorney's Office entered into an agreement with the law firm of

Page 380 ends

ITEM NO. 16.

PAGE 2 OF 2
SUBJECT: Third Amendment Goldfarb & Lipman
DATE: July 22, 2025
Goldfarb & Lipman LLP to provide specialized housing law counsel. The Town Attorney’s Office is seeking Town Council approval of an amendment to increase the amount of the existing contract by $65,000 for a total contract amount of $305,000. The contract is for legal services related to Housing Element issues, SB 330 projects, and litigation. In accordance with the Town’s purchasing policy, this is a “single source” contract in that this firm is recognized as a statewide expert in Housing Element law.

On December 3, 2024 and May 20, 2025, respectively, first and second contract amendments in amounts not to exceed an increase of $65,000 and $75,000 were executed.

DISCUSSION:

The proposed Third Amendment will cover costs associated with land use litigation and several SB 330 planning applications. These funds are already budgeted, and the agreement amount needed to be increased to match what has been budgeted. In addition, the Town Attorney’s office will return to the Town Council to request additional funds for upcoming housing law matters and litigation.

CONCLUSION:

Staff recommends that the Town Council authorize the Town Manager to execute a Third Amendment with Goldfarb & Lipman, increasing the total not to exceed amount to $305,000.

COORDINATION:

This report was coordinated by the Town Attorney’s Office and the Finance Department.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Goldfarb Third Amendment with Exhibit A - First Amendment, Second Amendment and Original Agreement

Page 381 ends

ITEM NO. 16.
1 of 1
Legal Services – Town of Los Gatos – Land Use Assistance

THIRD AMENDMENT TO AGREEMENT
This THIRD AMENDMENT TO AGREEMENT is dated for identification this 5th day of August, 2025, and amends that certain agreement for Goldfarb and Lipman Agreement dated July 21, 2022, made by and between the Town of Los Gatos, ("Town,") and Goldfarb & Lipman LLP.(“Consultant.”)

RECITALS
A. Town and Consultant entered into an Agreement for land use counsel on July 21, 2022, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.

B. Town and Consultant entered into a first amendment to the Agreement on December 3, 2024, (“Amendment”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.

C. Town and Consultant entered into a second amendment to the Agreement on August 5, 2025, (“Amendment”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.

AMENDMENT

1. The compensation section is amended to read $305,000.

2. All other terms and conditions of the Agreement remain in full force and effect.

Town of Los Gatos Goldfarb & Lipman:

By: _______________________________ By:______________________________ Chris Constantin, Town Manager Barbara Kautz, Esquire
Department Approval:
_______________________________________
Gabrielle Whelan, Town Attorney
ATTACHMENT 1

Page 382 ends

ITEM NO. 16.
1 of 1
Legal Services – Town of Los Gatos – Land Use Assistance

SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 20th day of May, 2025 and amends that certain agreement for Goldfarb and Lipman Land Use Agreement dated July 21, 2022, made by and between the Town of Los Gatos, ("Town,") and Goldfarb & Lipman LLP.(“Consultant.”)

RECITALS
A. Town and Consultant entered into an amendment to the Land Use Agreement on November 20, 2025, (“Amendment”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.

B. Town and Consultant entered into a Land Use Agreement on July 21, 2022, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit B to this Amendment.

AMENDMENT

1. The compensation section is amended to provide for a total contract amount not to exceed $240,000.

2. All other terms and conditions of the Agreement remain in full force and effect.

Town of Los Gatos Approved as to Consent:

By: _______________________________ By:______________________________ Chris Constantin, Town Manager Barbara Kautz, Goldfarb & Lipman Department Approval:
_______________________________________
Gabrielle Whelan, Town Attorney
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk Docusign Envelope ID: 9BD24D55-DA2B-4812-9025-72B7CB1F25CF 5/22/2025
5/28/2025
5/28/2025
6/2/2025
6/2/2025

Page 383 ends

ITEM NO. 16.

Docusign Envelope ID: 4E92E4B6-7620-4F1B-9A8B-17B5C17E8852

AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 20 day of November, 2024 and amends that certain agreement for Goldfarb and Lipman Land Use Agreement dated July 21, 2022, made by and between the Town of Los Gatos, ("Town,") and Goldfarb & Lipman LLP.("Consultant.")

RECITALS
A. Town and Consultant entered into a Land Use Agreement on July 21, 2022, ("Agreement"), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.

AMENDMENT

1. The compensation is amended not to exceed $165,000.

2. All other terms and conditions of the Agreement remain in full force and effect.

Town of Los Gatos
By: l=-F-8-3-�F+•�....----------
Ch ris Constantin, Town Manager
Department Approval:

Gabrielle Whelan, Town Attorney
Approved as to Form:
!Signed by:

L::��.�
Gabrielle Whelan, Town Attorney
Legal Services -Town of Los Gatos -Land Use Assistance
1 of 1
Approved as to Consent:
r-:DocuSigned by:

By:_�-��z��
Barbara Kautz, Goldfarb & Lipman
Attest:

DocuSigned by:
w.i<1 UJMJ
19-�e-19-G-19-��--------
Wendy Wood, CMC, Town Clerk
Docusign Envelope ID: 9BD24D55-DA2B-4812-9025-72B7CB1F25CF

Page 384 ends

ITEM NO. 16.

Docusign Envelope ID: 4E92E4B6-7620-4F1B-9A8B-17B5C17E8852 goldfarb
lipman
attorneys
M David Kroot
Lynn Hutchins
Koren M. Tiedemann
Thomas H. Webber
Dianne Jackson Mcleon
Michelle D. Brewer
Robert C. Mills
Isabel L. Brown
James T. Diamond, Jr.

Margaret F. Jung
Heather J. Gould
William F. DiCamillo
Amy DeVaudreuil
Borbara E. Kautz
Rafael Yaqui6n
Celia W. Lee
Dolores Bostian Dalton
Joshua J. Mason
Jeffrey A. Streiffer
Elizabeth R. Klueck
Jhaila R. Brown
Gabrielle B. Janssens
Rye P. Murphy
Beniamin Funk
Aileen T. Nguyen
Katie Dahlinghaus
Matthew S. Heaton
Nozanin Salehi
Erin C. Lapeyrolerie
Minda Bou1ista Hickey
Connor T. Kratz
Los Angeles
213 627-6336
San Diego
6 I 9 239-6336
Goldfarb & Lipman LLP
1300 Cloy Street, Eleventh Floor
Oakland, California 94612
510 836-6336
July 21, 2022
Gabrielle Whelan, Town Attorney
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
[email protected]
Re: Legal Services -Town of Los Gatos - Land Use Assistance Dear Gabrielle:
via e-mail
Goldfarb & Lipman LLP would be pleased to provide legal services to the Town of Los Gatos (the "Town") in connection with various land use matters relating to housing law, including those related to the Town's housing element, general plan, and development projects and related matters as authorized in writing by the City. However, Goldfarb & Lipman will not advise the City regarding matters related to the North Forty property because of our past representation of the developers.

I will have primary responsibility for our work with you on this matter. Our goal is to provide you with quality legal services, on schedule and at a reasonable cost. To that end, we may also draw on the services of other colleagues as needed to provide the most cost-effective services.

Our fees will be billed on an hourly basis at the rates set forth in the attached Rate Schedule, and payable monthly based on the number of hours expended on the matter.

Our billing rates for this matter reflect our discounted rates for legal advice and representation for public entity clients and are subject to the increases described in attached Goldfarb & Lipman's Legal Representation Policies and Procedures. Our hourly rates are adjusted from time to time and may change during the course of our engagement upon sixty (60) days prior written notice to you. If you choose not to consent to the increased rates, you may terminate our services by written notice effective when received by us. The time charged will include, but is not limited to, the time spent on telephone calls, emails and other electronic communications relating to the transaction, including calls and emails with Town staff and other parties and attorneys. The legal personnel 990051 \0 I \3334498.1
7/21/2022

EXHIBIT A
Docusign Envelope ID: 9BD24D55-DA2B-4812-9025-72B7CB1F25CF

Page 385 ends

ITEM NO. 16.

Docusign Envelope ID: 4E92E4B6-7620-4F1B-9A8B-17B5C17E8852 Ms. Gabrielle Whelan, Town Attorney
Town of Los Gatos
July 21, 2022

Page 2 ends

assigned to this transaction may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. If more than one of the legal personnel participates in a call or attends a meeting, each may charge for the time spent as appropriate. We do not anticipate the need for any travel during this engagement.

Goldfarb & Lipman may withdraw with your consent or for good cause or if permitted under the Rules of Professional Conduct of the State Bar of California and/or applicable law. Among the circumstances under which we may withdraw are: (a) with your consent; (b) if your conduct renders it unreasonably difficult for the firm to carry out the legal services effectively; and/or (c) if you fail to pay fees or costs as required by this Agreement. Notwithstanding the withdrawal, you will remain obligated to pay Goldfarb & Lipman at the agreed rates for all services provided and to reimburse for all costs advanced during the term of our engagement.

Nothing in this Agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of the representation. Goldfarb & Lipman makes no such promises or guarantees. Goldfarb & Lipman's comments about the outcome of the representation are expressions of opinion only, are neither promises nor guarantees, and will not be construed as promises or guarantees. Any estimate of fees given by Goldfarb & Lipman is not a representation of a flat fee and will not be a limitation on fees or a guarantee that fees and costs will not exceed the amount of any deposit or estimate. Actual fees may vary from estimates given.

When signed by an authorized agent on behalf of the Town, this letter constitutes the written fee agreement with Goldfarb & Lipman LLP in connection with the work described above. This agreement does not cover litigation services of any kind, whether in court, arbitration, administrative hearings, or government agency hearings. A separate written agreement for these services or services in any other matter not described above will be required.

Please call me if you have any questions or concerns about this proposal. If the arrangement described in this letter is satisfactory, then please sign the letter in the space provided on the following page and email an electronic copy to me at: [email protected], and keep a copy for your files.

We appreciate the opportunity to work with you and Town staff members, and look forward to representing the Town of Los Gatos on this matter.

Very truly yours,
BARBARA E. KAUTZ
[email protected]
Enclosures: Rate Schedule; Billing Policies and Procedures 990051 \0 l 13334498.1
7/21/2022
Docusign Envelope ID: 9BD24D55-DA2B-4812-9025-72B7CB1F25CF

Page 386 ends

ITEM NO. 16.

Docusign Envelope ID: 4E92E4B6-7620-4F1 B-9A8B-17B5C17E8852 Ms. Gabrielle Whelan, Town Attorney
Town of Los Gatos
July 21, 2022

Page 3 ends

ACCEPTED AND AGREED:

TOWN OF LOS GATOS
By:
f)
I .

I ts: ---=fJ------+--'-(.,_;1=,1/l'--'f"l-'_-----l...... d - ·..,..,Tf'--'--·_n..:....1 -_._i ':1· • '=--+-= - Date: ___ q..___._/---"'Z'---Z----'-/---"-7_-=--2---
990051\0113334498.1
712112022
Docusign Envelope ID: 9BD24D55-DA2B-4812-9025-72B7CB1F25CF

Page 387 ends

ITEM NO. 16.

Docusign Envelope ID: 4E92E4B6-7620-4F1B-9A8B-17B5C17E8852 Partner
Senior Counsel
Associate
Senior Law Clerk
Law Clerk
Goldfarb & Lipman LLP
Billing Rates Per Hour
$360-$375
$355-$375
$220-$350
$210
$195
Litigation Project Coordinator $210
Project Coordinator
990051 \0 I \3334498.1
7/21/2022
$195
Docusign Envelope ID: 9BD24D55-DA2B-4812-9025-72B7CB1F25CF

Page 388 ends

ITEM NO. 16.

Docusign Envelope ID: 4E92E4B6-7620-4F1B-9A8B-17B5C17E8852

GOLDFARB & LIPMAN LLP

LEGAL REPRESENTATION POLICIES AND PROCEDURES
Dear Client:

Experience has shown that the attorney-client relationship works best when there is a mutual understanding about fees and payment terms. Accordingly, this letter is intended to briefly explain our billing policies and procedures. We encourage you to discuss with us any questions you may have concerning these policies and procedures.

To determine the value of our services, we require each of our lawyers and legal assistants to maintain time records for each client and matter. The time records are reviewed monthly by the responsible billing attorney. Our billing rates for services rendered for partners, associates, and for paralegals are attached. Our hourly rates are adjusted from time-to-time (generally once a year) and may change during the course of our engagement upon 60 days prior written notice to you.

It is our policy to serve you with the most effective support systems available. Therefore, in addition to our fees for legal services, we may also charge the actual costs for messengers, delivery other than by US postal service, court costs, and other costs and expenses incurred on your behalf that are reasonably necessary for our representation of you.

Our billing statements are due and payable upon receipt. Clients whose statements are not paid within 30 days of the statement date may be assessed a late charge on the unpaid balance at the rate of one-and-a-half percent per month.

We carry professional liability insurance above the limits required by law.

It is our policy to retain and ultimately destroy all files, documents, records, and writings relating to each engagement for which we have been retained without notifying clients or former clients of the destruction of these items. At the te1mination of services and conclusion of a matter covered by this agreement, we will release promptly upon your request all of your client papers and property, subject to any protective order, state statute, or nondisclosure agreement. After seven years have passed since the conclusion of such matter, we may dispose of your client papers and property. If you wish to have us retain your papers and property beyond seven years after the conclusion of such matter, you must make separate written arrangements with us. Client papers and property include: electronic and hard copy versions of any correspondence, pleadings, deposition transcripts, exhibits, experts' reports, legal documents, physical evidence, and other items reasonably necessary to the client's representation, whether the client has paid for them or not.

In closing, let us assure you that it has always been and will continue to be our goal to provide legal services to you on the most efficient and cost effective bases possible. If you have any questions or comments regarding our billing policies, please feel free to contact us. Thank you for your continued cooperation.
99005110113334498.1
7/21/2022
Very truly yours,

GOLDFARB & LIPMAN LLP
Docusign Envelope ID: 9BD24D55-DA2B-4812-9025-72B7CB1F25CF

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ITEM NO. 16.
7/21/2022
1302\05\3697443.1
February 15, 2024
via e-mail
Gabrielle Whelan, Town Attorney
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
[email protected]
Re: Legal Services – Town of Los Gatos – Land Use Assistance Dear Gabrielle:

Goldfarb & Lipman LLP would be pleased to continue to provide legal services to the Town of Los Gatos (the "Town") in connection with various land use matters relating to housing law, including those related to the Town’s housing element, general plan, and development projects and related matters as authorized in writing by the City. We may advise the City regarding matters related to the North Forty property so long as it does not involve any confidential information we received based on our past representation of the developers.

I will have primary responsibility for our work with you on this matter, with primary assistance from Nazanin Salehi. Our goal is to provide you with quality legal services, on schedule and at a reasonable cost. To that end, we may also draw on the services of other colleagues as needed to provide the most cost-effective services.

Our fees will be billed on an hourly basis at the rates set forth in the attached Rate Schedule, and payable monthly based on the number of hours expended on the matter.

Page 390 ends

ITEM NO. 16.

Ms. Gabrielle Whelan, Town Attorney
Town of Los Gatos
February 15, 2024

Page 2 ends

7/21/2022
1302\05\3697443.1
assigned to this transaction may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. If more than one of the legal personnel participates in a call or attends a meeting, each may charge for the time spent as appropriate. We do not anticipate the need for any travel during this engagement.

We appreciate the opportunity to work with you and Town staff members, and look forward to representing the Town of Los Gatos on this matter.

Very truly yours,
BARBARA E. KAUTZ
[email protected]
Enclosures: Rate Schedule; Billing Policies and Procedures DocuSign Envelope ID: 6E6C577D-0C9E-45EB-BC2B-670B23EB2530 Docusign Envelope ID: 9BD24D55-DA2B-4812-9025-72B7CB1F25CF

Page 391 ends

ITEM NO. 16.

Ms. Gabrielle Whelan, Town Attorney
Town of Los Gatos
February 15, 2024

Page 3 ends

7/21/2022
1302\05\3697443.1
ACCEPTED AND AGREED:

TOWN OF LOS GATOS
By: __________________________
Its: ___________________________
Date: _________________________
DocuSign Envelope ID: 6E6C577D-0C9E-45EB-BC2B-670B23EB2530 3/11/2024
Gabrielle Whelan Town Attorney
Laurel Prevetti
Docusign Envelope ID: 9BD24D55-DA2B-4812-9025-72B7CB1F25CF

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ITEM NO. 16.
7/21/2022
1302\05\3697443.1
Goldfarb & Lipman LLP
Billing Rates Per Hour
Partner $370-$390
Senior Counsel $365-$390
Associate $275-$365
Senior Law Clerk $260
Law Clerk $210
Project Coordinator $210
DocuSign Envelope ID: 6E6C577D-0C9E-45EB-BC2B-670B23EB2530 Docusign Envelope ID: 9BD24D55-DA2B-4812-9025-72B7CB1F25CF

Page 393 ends

ITEM NO. 16.
7/21/2022
1302\05\3697443.1

GOLDFARB & LIPMAN LLP

LEGAL REPRESENTATION POLICIES AND PROCEDURES
Dear Client:

We carry professional liability insurance above the limits required by law.

It is our policy to retain and ultimately destroy all files, documents, records, and writings relating to each engagement for which we have been retained without notifying clients or former clients of the destruction of these items. At the termination of services and conclusion of a matter covered by this agreement, we will release promptly upon your request all of your client papers and property, subject to any protective order, state statute, or nondisclosure agreement. After seven years have passed since the conclusion of such matter, we may dispose of your client papers and property. If you wish to have us retain your papers and property beyond seven years after the conclusion of such matter, you must make separate written arrangements with us. Client papers and property include: electronic and hard copy versions of any correspondence, pleadings, deposition transcripts, exhibits, experts' reports, legal documents, physical evidence, and other items reasonably necessary to the client's representation, whether the client has paid for them or not.

Very truly yours,

GOLDFARB & LIPMAN LLP
DocuSign Envelope ID: 6E6C577D-0C9E-45EB-BC2B-670B23EB2530 Docusign Envelope ID: 9BD24D55-DA2B-4812-9025-72B7CB1F25CF

Page 394 ends

ITEM NO. 16.

PREPARED BY: Stefanie Hockemeyer
Project Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/05/2025
ITEM NO: 17
DATE: July 31, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Conduct a Public Hearing to Consider Objections to the 2025 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing the Collection of the Assessment Charges RECOMMENDATION: Conduct a public hearing to consider objections to the 2025 Weed Abatement Program Assessment Report and adopt a resolution (Attachment 1) confirming the report and authorizing the collection of assessment charges.

FISCAL IMPACT:

The adopted Parks and Public Works FY2025-26 Operating Budget appropriated funding to cover the cost of publishing the legal notices for the program (1115101-62316). The County’s costs to administer and carry out the program are recovered through the tax roll assessment charges levied against the properties included in the assessment report.

STRATEGIC PRIORITIES:

The weed abatement program supports the Strategic Priority of Public Safety.

BACKGROUND:

The Weed Abatement Program (the Program) is a different, but complementary program to the Brush Abatement Program. Both programs work to protect the Town by preventing fire hazards created by vegetative growth and the accumulation of combustible debris on private property with the goal of voluntary compliance. The Town of Los Gatos Municipal Code Chapter 11, Article II, requires property owners to prevent potential fire hazards to provide protection for

Page 395 ends

ITEM NO. 17.

PAGE 2 OF 3
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the 2025 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges DATE: July 16, 2025
the property, and any nearby structures by clearing hazards. The Program is administered by the County on behalf of the Town and is funded from fees assessed on the properties included on the assessment list. Every year while in the Program, each of the property owners is charged an annual compliance inspection fee, and some incur costs for additional inspections, administrative fees, and abatement fees.

Typically, a property is placed in the Program after a Santa Clara County (County) inspector identifies a potential fire hazard on the premises. The Fire Department, Code Enforcement, Public Works, and other public agencies can also submit complaints to the County. Once a parcel is placed in the Program, it will remain until it demonstrates compliance for three consecutive years, at which point it will be removed.

Property owners in the Program are given the opportunity to abate their weeds prior to receiving an annual compliance inspection by County staff. The annual inspection is conducted to determine if the property has been cleared of hazards according to the requirements defined in the Santa Clara County Weed Abatement Program Brochure1. If the property owner has not complied with the requirements of the Program by the time of the County inspection, then the Town authorizes the County to remove the weeds. The County recovers its costs through a special assessment on each parcel’s property tax bill.

On December 3, 2024, the Town Council passed Resolution 2024-051 (Attachment 2) declaring hazardous vegetation (weeds) a public nuisance, providing for their abatement, and setting January 21, 2025, as a public hearing date for the annual program. The County mailed a notice of the January 21, 2025, Public Hearing to property owners in the Los Gatos jurisdiction, along with guidelines on the Weed Abatement Program (Attachment 4).

DISCUSSION:

The 2025 Weed Abatement Assessment Report list includes assessment charges for the annual compliance inspection fee of $105, and any additional inspection, administrative, and abatement fees (Attachment 1 – Exhibit A). The letter provided to each property owner affirms these costs and acknowledges that they will be assessed by the County Tax Collector against the respective properties.

In accordance with the Town Code Section 11.20.035, the assessment report was posted in three (3) prominent places in Town, one (1) of which was at Town Hall. The Town of Los Gatos mailed property owners a notice of the August 5, 2025, Public Hearing for the Los Gatos jurisdiction, including detailed information on the assessment charges and contact information

1 https://files.santaclaracounty.gov/migrated/Weed%20Abatement%202022%20Brochure%20English%2012-7-

21.pdf

Page 396 ends

ITEM NO. 17.

PAGE 3 OF 3
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the 2025 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges DATE: July 16, 2025
for potential questions about the assessments (Attachment 4). A similar notice was also published twice in the Los Gatos Weekly, a newspaper of general circulation published in the Town. This public hearing is an opportunity to allow property owners who are on the assessment report to object to the assessment. At this time, one objection has been received (Attachment 5).

The final assessment report submitted by County Weed Abatement staff is included as Exhibit A of the draft resolution and lists 81 parcels that will be assessed a fee. The assessment charges will be included as a special assessment on the parcel owner’s property tax bill.

CONCLUSION:

Staff recommends that the Council conduct a public hearing to consider objections to the 2025 Weed Abatement Program Assessment Report and adopt a resolution confirming the report and authorizing the collection of the assessment charges.

COORDINATION:

This program has been coordinated with the County's Consumer and Environmental Protection Agency (CEPA) - Weed Abatement Program.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Resolution Confirming the Report and Authorizing Collection of the Assessment Charges with Exhibit A - 2025 Weed Abatement Program Assessment Report

2. Resolution 2024-051 Declaring Hazardous Vegetation (Weeds) a Public Nuisance and Providing for their Abatement

3. Abatement Package Mailed to Property Owners (December)

4. Town Letter to Property Owners (July)

5. Public Comment Received

6. Response Provided by the Weed Abatement Manager on July 29, 2024, in regard to Attachment 5

Page 397 ends

ITEM NO. 17.
1 of 2
Resolution 2025- August 5, 2025
RESOLUTION 2025-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY,

AND SHOWING AMOUNT OF HAZARDOUS VEGETATION(WEEDS)

ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE

SECURED PROPERTY TAX ROLL OF THE TOWN OF LOS GATOS IN
THE COUNTY OF SANTA CLARA, FOR 2025
WHEREAS, the Town Council of the Town of Los Gatos, pursuant to Sections 39501 and 39502 of the Government Code of the State of California, has adopted by ordinance a procedure for the abatement of hazardous vegetation (weeds) and the collection of the charges therefore on the tax roll, as contained in Chapter 11, Article II, Sections 11.20.010 through 11.20.045 of the Los Gatos Town Code; and
WHEREAS, pursuant thereto, Resolution No. 2024-051 declaring weeds a public nuisance and providing for their abatement, was adopted by the Town Council on December 3, 2024; and WHEREAS, pursuant to notice duly and regularly given, the public hearing was held with respect thereto on January 21, 2025, considering objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2025 Weed Abatement Commencement Report and ordering abatement of weeds as a public nuisance, was adopted by the Town Council; and
WHEREAS, a written report has been filed with the Town Clerk of the Town of Los Gatos, containing a description of each parcel of real property, and showing the amount of the charge to be collected on the secured property tax roll with respect thereto, computed in conformity with the charges prescribed by said ordinance; and
WHEREAS, the Town Clerk has set the 5
th day of August 2025, in the Town Council
Chambers, Town Hall, 110 East Main Street, Los Gatos, California, and utilizing teleconferencing, as the time and place when and where said Town Council would hear and consider all objections or protest, if any, to said report.

RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Council does hereby find and declare:

1. That notice of said public hearing was duly and regularly published and given as required by Section 11.20.035 of the Los Gatos Town Code and as otherwise required by law; and

Page 398 ends

ITEM NO. 17.
2 of 2
Resolution 2025- August 5, 2025

2. All persons desiring to be heard during said hearing were given an opportunity to do so, all matters and things pertaining to said report were fully heard and considered by the Town Council, and all protests and objections, if any, are hereby overruled.

FURTHER RESOLVED, that said report, and each charge thereon, with any charges that may be noted on the face of said report pursuant to action taken by this Town Council, is hereby confirmed and approved.

FURTHER RESOLVED, that the charges are affirmed and shall be assessed against the real properties listed on the property tax bill if not sooner paid.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5
th day of August, 2025, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

Page 399 ends

ITEM NO. 17.

APN TAXROLL AMT
831 POLLARD 406-26-011 $105.00
CALLE MARGUERITA 409-04-049 $105.00
CALLE MARGUERITA 409-04-052 $3,082.10
WEDGEWOOD 409-08-001 $4,400.00
17351 WEDGEWOOD 409-14-017 $105.00
14344 LA RINCINADA 409-14-019 $105.00
14330 LA RINCINADA 409-14-020 $105.00
14341 BROWNS 409-14-035 $105.00
14329 MULBERRY 409-15-021 $105.00
17631 WEDGEWOOD 409-17-010 $105.00
103 SPORLEDER 409-24-035 $105.00
109 SPORLEDER 409-24-036 $105.00
110 SPORLEDER 409-24-037 $105.00
104 SPORLEDER 409-24-038 $105.00
14810 CLARA 409-25-030 $702.00
14821 GOLF LINKS 409-27-005 $756.00
14885 LA RINCINADA 409-32-004 $105.00
14635 GOLF LINKS 409-46-025 $105.00
215 DRAKES BAY 421-27-018 $105.00
16245 BURTON 424-06-115 $105.00
BURTON 424-06-116 $105.00
14823 LOS GATOS 424-07-065 $105.00
14990 TERRENO DE FLORES 424-10-004 $105.00
14926 LOS GATOS 424-10-009 $105.00
14911 NATIONAL 424-10-058 $105.00
142 LESTER 424-13-061 $807.00
16171 SUN RAY 424-19-070 $105.00
15710 WINCHESTER 424-27-013 $105.00
17094 SUMMIT 424-30-037 $105.00
WOOD 510-46-006 $105.00
WOOD 510-46-007 $105.00
110 WOOD 510-47-038 $210.00
138 WOOD 510-47-044 $105.00
148 HILLBROOK 523-11-018 $105.00
120 HILLBROOK 523-11-025 $105.00
15839 DEL CERRO 523-24-036 $105.00
UNION 523-42-011 $105.00
72 DRYSDALE 527-02-007 $210.00
101 DRYSDALE 527-04-008 $105.00
15777 SHADY 527-05-005 $105.00
CAMINO DEL CERRO 527-08-001 $105.00
CAMINO DEL CERRO 527-08-002 $105.00
16065 CAMINO DEL CERRO 527-08-003 $105.00
16045 CAMINO DEL CERRO 527-08-009 $105.00
SITUS
2025 WEED ABATEMENT PROGRAM

ASSESSMENT REPORT

TOWN OF LOS GATOS

EXHIBIT A

Page 400 ends

ITEM NO. 17.
16300 GREENRIDGE 527-12-003 $105.00
16084 GREENRIDGE 527-15-002 $105.00
LARGA VISTA 527-16-013 $105.00
401 SURMONT 527-20-002 $105.00
14510 BLOSSOM HILL 527-23-027 $105.00
110 BELVALE 527-30-020 $105.00
125 BELVALE 527-30-028 $210.00
175 BELWOOD 527-30-032 $210.00
14841 BLOSSOM HILL 527-42-003 $105.00
310 SANTA ROSA 527-55-036 $105.00
615 BLOSSOM HILL 529-16-026 $105.00
17045 PINE 529-20-011 $105.00
BELLA VISTA 529-23-015 $105.00
401 ALBERTO 529-23-018 $1,353.00
BELLA VISTA 529-23-021 $105.00
BELLA VISTA 529-23-022 $105.00
30 RESERVOIR 529-29-066 $210.00
39 RESERVOIR 529-33-022 $756.00
63 HIGHLAND 529-36-044 $105.00
140 FOSTER 529-37-015 $2,400.23
TOURNEY 529-39-047 $651.00
16461 KENNEDY 532-17-027 $105.00
16481 KENNEDY 532-17-028 $651.00
150 BROOKE ACRES 532-18-039 $651.00
17511 PHILLIPS 532-39-009 $651.00
17435 PHILLIPS 532-39-013 $105.00
15310 KENNEDY 537-15-001 $105.00
233 FORRESTER 537-21-010 $210.00
135 WOODED VIEW 537-23-042 $105.00
15876 SHANNON 537-26-009 $105.00
15780 SHANNON 537-26-016 $105.00
15760 SHANNON 537-26-018 $105.00
209 FORRESTER 537-28-005 $105.00
15975 CERRO VISTA 537-30-007 $105.00
16380 HARWOOD 567-18-068 $105.00
16220 HARWOOD 567-18-076 $105.00
104 ALMOND BLOSSOM 567-18-077 $105.00

Page 401 ends

ITEM NO. 17.

ATTACHMENT 2

Page 402 ends

ITEM NO. 17.

Page 403 ends

ITEM NO. 17.

County of Santa Clara
Consumer and Environmental Protection Agency
Agriculture and Environmental Management
1553 Berger Drive, Building 1 San Jose, CA 95112
80 W. Highland Avenue, Building K San Martin, CA 95046
12425 Monterey Road, San Martin, CA 95046
Vector Control District
1580 Berger Drive, San Jose, CA 95112
https://cepa.santaclaracounty.gov
Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: James R. Williams
December 17, 2024
Dear Property Owner,
The County of Santa Clara Weed Abatement Program sent a packet of information to you on December 13, 2024, describing requirements for compliance with minimum fire safety standards on your property during the fire season. It has come to my attention that a typographical error was made pertaining to the date of the public hearing in your jurisdiction. Please see the attached Notice to Destroy with the corrected date of the public hearing listed as January 21, 2024, at 7:00 PM, and will be held at 110 E Main St, Los Gatos, CA 95030 in the Council Chambers.

I apologize for any confusion this may have caused. If you have any questions, please feel free to contact me directly by phone at 408-282-3186 or by email at [email protected].

Sincerely,
Garik Iosilevsky
Weed Abatement Manager
County of Santa Clara Weed Abatement Program
408-282-3186
[email protected]
ATTACHMENT 3

Page 404 ends

ITEM NO. 17.
(over)
TRA 03
Notice to
Destroy
Weeds
NOTICE IS HEREBY GIVEN that on December 3, 2024, pursuant to the provisions of Section

11.20.020 of the Town Code of the Town of Los Gatos, the Town Council of said Town adopted a Resolution declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20.020 of such code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.

NOTICE IS FURTHER GIVEN that property owners shall within thirty days after the adoption of such resolution, or within the time specified in a written agreement with the Director of Parks and Public Works of the Town of Los Gatos, or the Director of Parks and Pubic Works' representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the abutting half of the street in front, and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the Town of Los Gatos, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Town Council of such Town to be held in the Council Chambers of said Town at 110 East Main Street, Los Gatos, California, on Tuesday, January 21, 2025 at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration.

The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq.

Page 405 ends

ITEM NO. 17.
(over)

LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE
January 21, 2025 Public hearing to consider objections to Abatement List.

April 15, 2025 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date or Inspector will order abatement.

July-August, 2025 Assessment Hearing to protest abatement charges (Date subject to change, please confirm with City Clerk) 2025 COUNTY WEED ABATEMENT FEES
Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $105.00 per parcel.

Please be advised that the property owner of any parcel found to be non-compliant on or after the April 15th deadline will be charged a processing fee of $597.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges.

Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $961.00 per parcel. For those parcels requiring a warrant a fee of $1,323.00 per parcel will be assessed. 2025 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST
A) Disc Work**
PARCEL SIZE: 1
st Disc + 2nd Disc = Total Discs
0-12,500 sq.ft. $TBD $ TBD $ TBD
12,501sq.ft.- 43,560sq.ft. $ TBD $ TBD $ TBD
Larger than 1 Acre $ TBD $ TBD $ TBD (PER ACRE)
** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing.

B) HANDWORK $ TBD PER 100 Square Feet (SF)
C) FLAIL 6 Foot Mower $ TBD PER 1,000 SF
MOWING 12 Foot Mower $ TBD PER 1,000 SF
D) LOADER WORK $ TBD PER HOUR
E) DUMP TRUCK $ TBD PER HOUR
F) BRUSH WORK $ TBD PER 100 SF
G) DEBRIS REMOVAL $ TBD PER HOUR
H) DUMP FEE 100%
Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement.

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ITEM NO. 17.

Page 407 ends

ITEM NO. 17.

Page 408 ends

ITEM NO. 17.
(over)
TRA 03
Notice to
Destroy
Weeds
NOTICE IS HEREBY GIVEN that on December 3, 2024, pursuant to the provisions of Section

NOTICE IS FURTHER GIVEN that property owners shall within thirty days after the adoption of such resolution, or within the time specified in a written agreement with the Director of Parks and Public Works of the Town of Los Gatos, or the Director of Parks and Pubic Works' representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the abutting half of the street in front, and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the Town of Los Gatos, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Town Council of such Town to be held in the Council Chambers of said Town at 110 East Main Street, Los Gatos, California, on Tuesday, January 2, 2025 at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration.

The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq.

Page 409 ends

ITEM NO. 17.
(over)

LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE
January 2, 2025 Public hearing to consider objections to Abatement List.

April 15, 2025 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date or Inspector will order abatement.

July-August, 2025 Assessment Hearing to protest abatement charges (Date subject to change, please confirm with City Clerk)

2025 COUNTY WEED ABATEMENT FEES
Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $105.00 per parcel.

Page 410 ends

ITEM NO. 17.
2025 Return Reply Form
IMPORTANT: Please complete this form and mail back to the Weed Abatement Program within 15 days of receipt of this notice.Thank you.

TRA: 03
14823 LGB LLC
Parcel Number Site Address
14823 LGB LLC
2600 EL CAMINO REAL STE 410
PALO ALTO CA 94306-1719
Please check the box that
applies for each parcel
(see explanations below):

ABC
*424-07-065*
424-07-065 14823 LOS GATOS LOS GATOS
Signature Name (please print) Date Day time phone
A
B
C
I am no longer the owner of this property, and the new owner information is listed below. Please return Reply Form immediately.

I intend to maintain this parcel in a manner consistent with the Minimum Fire Safety Standards from April 15, 2025 through the end of the fire season (typically runs through October). All parcels on the abatement list remain subject to inspection and fee to ascertain compliance. Non-compliance by the deadline will result in an Inspection fee and the abatement of weeds by the County contractor and the resulting charges added to the property tax.

I request that the County Contractor perform weed abatement work on this parcel. Charges for this work will be added to my property tax bill. (All County fees Apply)
( )
Please provide any additional information such as new owners, presence of piping, irrigation, crops or other improvement.

If your property is fenced/locked, please provide instructions on how to enter the property. If you are no longer the owner of the property identified by this mailing, please notify the County immediately. If you sell your property after December 1st ,2024, it is your responsibility to notify the new owner and to include the obligation to pay any abatement costs in your agreement of sale. Without taking this action, you will be liable for all hazard abatement charges assessed to the property.

Thank you
Please check if you feel this parcel is environmentaly sensitive SAMPLE

Page 411 ends

ITEM NO. 17.

MINIMUM FIRE SAFETY STANDARDS (MFSS)
Fire Safety
Through
Vegetation
Management
Fire Resistant Landscaping
Santa Clara County
Consumer and Environmental
Protection Agency
Weed Abatement Program

1553 Berger Drive #1
San Jose, Ca 95112
Phone (408) 282-3145
Fax: (408) 286-2460
[email protected]

1. Vegetation must not exceed 6 inches in height any time after the compliance deadline.

2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including driveways and access routes. Roads and driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation.

3. Clear flammable vegetation a minimum of 30 feet around any structure, occupied or not. Ornamental vegetation should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100 foot clearance.

4. Parcels one acre or less shall be completely abated. Parcels over one acre up to five acres require 30 foot clearance around structures and perimeter property lines. Additional 30 foot cross fuel breaks may also be required.

5. Parcels larger than five acres require 30 foot clearance around structures and perimeter property lines in addition to 30-foot cross fuel breaks as needed to separate the remaining vegetation into sections no larger than five acres.

6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked firewood and neatly piled yard waste is not considered to be combustible debris.

7. Keep vegetation cleared from under the eaves of houses.

8. Trim tree branches to at least 10 feet away from chimneys. Trim tree branches up from the ground to provide at least 6 feet of vertical clearance.

9. Clear leaves, pine needles and debris from roof and gutters.

The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local nursery for selections appropriate to your area. All grasses, including those purportedly fire resistant, must be maintained below 6” in height.

Trees:

African Sumac
California Pepper
Shrubs:

Bearberry
Carmel Creeper
Carolina Cherry
Catalina Cherry
Escallonia
Hopseed Bush
Lemonade Berry
Groundcover:

Aaron’s Beard
Australian Daisy
Candytuft
Sterile Capeweed
Freeway Daisy
Rock Rose (except Gum
Variety)

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ITEM NO. 17.

The Santa Clara County Weed
Abatement Program
The Santa Clara County Consumer and Environmental Protection Agency and your city are working together to protect your community from fire. We need your help. Please read and follow the directions provided in this brochure regarding fire prevention on your property. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials.

The Weed Abatement program is entirely funded from fees charged to residents. Fees will be assessed for any property in the program.

This is to cover the cost of the compliance inspection for the property. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. If the property requires abatement by the County contractor, the property owner will be responsible for the actual cost of abatement plus an administrative fee. Properties that meet and maintain the minimum fire safety standards will not be charged other than the annual fee.

Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April depending on your jurisdiction. If the parcel is not in compliance at the time of inspection, the property owner will be charged a failed inspection fee, and the owner will be sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in your property tax bill.

Our Goal Is Voluntary Compliance
Property Owner’s Responsiblilities
• Do not allow a fire hazard to exist on your property. The Minimum Fire Safety Standards (MFSS) in this brochure give you guidelines to follow in order to maintain your property and protect against a fire hazard. Please contact our office if you need guidance or have any questions regarding the requirements!
• Make arrangements to have your property maintained throughout the year. Contractors can be found in the yellow pages. You may choose to have the County contractor maintain your property. A current price list is included in your packet.
• Please complete and return the Reply Form provided in your mailing packet by the date on the form. Indicate your preference regarding performance of weed abatement services.

Program Staff Responsibilities
• Weed Abatement Inspectors will perform periodic inspections on all parcels included in the Santa Clara County Weed Abatement Program. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement.
• Inspectors will order the County contractor to perform all necessary abatement work on any parcel where the MFSS are not met. An attempt will be made to give the owner a courtesy notice prior to releasing the work order.
• The County contractor uses several methods of abatement including discing and handwork. The property owner is free to select whatever method they choose, provided the MFSS of all federal, state and local laws are met.
• The Weed Abatement Program will place inspection costs and the charges for County contractor services plus a County administrative fee on the property owner’s tax bill during the next fiscal year.

Burrowing Owls
Frequently Asked Questions
Q. Why have I received an Abatement Notice?
A. Typically, a property is placed on the program if a Weed Abatement Inspector identified a potential fire hazard on the property. Fire Departments and other agencies also submit complaints to the Weed Abatement Program.

Q. What is required of me now that I am in the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year.

Q. The grasses planted on my property are fire resistant. Are they exempt from the Weed Abatement program?
A. No. Even grasses that possess some fire resistant qualities are not fire proof, and they can add fuel to any site that is subject to a fire. Additionally, fire resistant grasses are rarely found in a pure, homogenous stand but rather are usually found to occur mixed with other common introduced annual grasses that are highly flammable and hazardous in a fire event. Finally, many grasses occur in Santa Clara County and species identification is difficult in the field, especially after the spring when the reproductive portions required for identification have dried and dispersed. Weed Abatement Inspectors can only focus on the presence of grasses and weeds on your property and the Minimum Fire Safety Standards, and not on grass species identification. Therefore, all grasses are required to be below 6 inches in height.

Q. What is the SC County Weed Abatement Program?
A. This is a monitoring program and our primary objective is voluntary compliance. See the first two paragraphs of this brochure for further specifics.

These small owls nest in abandoned ground squirrel
burrows. Discing collapses the burrows and kills the young.

These owls are listed as a state Species of Special Concern and are protected by the federal Migratory Bird Treaty Act. If you suspect burrowing owls on your property you must use another form of weed abatement such as mowing or weedeating. If you request the County perform abatement services, please notify program staff or your City if burrowing owls are known to exist on your property.

More FAQ:

Q. How long will I be on the Program?
A. Your property will remain on the Program for three years. If no hazards are found during that time, your property may be removed from the program.

Q. How much will this cost me?
A. There will be an annual fee to cover the cost of the compliance inspection. If the parcel does not meet the MFSS when it is first inspected in the spring, or if work is required by the County contractor, you will be charged additional fees. Our goal is to ensure that the MFSS are met at the lowest possible cost to the property owner.

Q. How will I be billed?
A. Any charges for the inspection and any abatement work performed will appear as a special assessment on your next property tax bill.

Q. Why have you performed work on my property while the vegetation is still green?
A. Grass, weeds or piles of combustible debris have been declared a public nuisance by your jurisdiction. Abating fire hazards in the spring minimizes the volume of combustible material before the hazards increase and dries out completely during the peak fire season.

Q. Will you notify me prior to beginning abatement work? A. Property owners are responsible for preventing fire hazards on their property. If the MFSS have been met, but further work is necessary, you will receive notice prior to the County contractor performing the work. If the MFSS have not been met, an attempt will be made to give the owner a courtesy notice prior to initial abatement.

Q. Where can I find someone to provide abatement
services?
A. Weed Abatement contractors can be found in the Yellow Pages under “Weed Control Services” or “Discing Services”.

You may have the County contractor perform the necessary work; see your mailing packet for a current price list as administrative costs are charged.

Q. How can I get additional information or assistance
regarding the specific requirements for my property?
A. Weed Abatement Inspectors are available to assist you and answer your questions. Please call our Customer Service line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information.

Q. I have Grazing Animals do I need to perform abatement? A. Grazing animals do not absolve you of your responsibilities to provide a fire safe condition on your property. You will need to check with our office to determine if grazing is adequate or if additional work is required. Page 413
ITEM NO. 17.

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ITEM NO. 17.

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ITEM NO. 17.

ATTACHMENT 4

TOWN OF LOS GATOS

PARKS AND PUBLIC WORKS DEPARTMENT
PHONE (408) 399-5770
July 16, 2025
RE: NOTICE OF PUBLIC HEARING ON AUGUST 5, 2025, AT 7:00 P.M. TO CONSIDER THE 2025

WEED ABATEMENT PROGRAM ASSESSMENT REPORT AND ADOPT A RESOLUTION

CONFIRMING THE REPORT AND AUTHORIZING COLLECTION OF THE ASSESSMENT

CHARGES
You are receiving this letter because you own a parcel that is included in the 2025 Weed Abatement program. On December 3, 2024, the Town Council authorized the initiation of the annual Weed Abatement program.

The Town Council of the Town of Los Gatos has scheduled a public hearing on August 5, 2025 to consider the 2025 Weed Abatement Assessment Report and Adopt a Resolution Confirming the Report and Authorizing the Collection of the Assessment Charges.

The attached Assessment Report reflects the charges that will be assessed on your tax roll.

A copy of the letter you received in December 2024 describing the charges is attached for your reference.

If you have questions about the program or proposed charges, we encourage you to contact the Santa Clara County Weed Abatement Department PRIOR to the public hearing at 408-282-3145.

By contacting the County (who manages the program for the Town), you will be able to discuss any concerns you may have, with the intent of achieving resolution prior to the public hearing procedure.

IMPORTANT NOTICE: This is a hybrid meeting and will be held in person at the location listed on the agenda and virtually through the Zoom webinar application. Members of the public may provide public comments during the public hearing in person or virtually through the Zoom webinar, by following the instructions listed on the meeting agenda. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.

When the meeting agenda is posted, it will include instructions for the participation in the public process. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.

Town Council reports related to the Weed Abatement program may be viewed on the Town’s website at www.LosgatosCA.gov – under the Agenda & Minutes page. The Council dates that contain these reports are December 3, 2024, January 21, 2025, and August 5, 2025 (8/5 will be available for public review three days prior to the meeting).

SERVICE CENTER
41 MILES AVENUE
LOS GATOS, CA 95030

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Los Gatos City CouncilAugust 5, 2025

Los Gatos City Council
August 5, 2025