Cities Index.
Agenda packet, first session

Los Gatos City Council
March 17, 2026

Document
Agenda packet, first session
Meeting
March 17, 2026
Body
Los Gatos City Council
Pages
530
Original file
29.2 MB
Text extracted from the city's file for reading and search. Open the original on mccmeetings.blob.core.usgovcloudapi.net. That file is the official record.

ITEM NO. 5.

SMHH\54443\1441213.5 2
PRINCIPAL:

SUMMERHILL 50 LGSR LLC,
a California limited liability company
By: SummerHill LGL Venture LLC,
a Delaware limited liability company,
its Sole Member
By: SummerHill LGL Venture Manager LLC,
a Delaware limited liability company,
its Managing Member
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

Its:

By:

Its:

SURETY:
___________________________________
[PRINCIPAL]
By:

Its:
___________________________________
[Address]
___________________________________
[City, State, ZIP]

Page 73 ends

ITEM NO. 5.

SMHH\54443\1441213.5 1
ATTACHMENT 3
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 _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, 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.

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 document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, 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.

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

Page 74 ends

ITEM NO. 5.

SMHH\54443\1441213.5 1
ATTACHMENT 3
LABOR AND MATERIALS BOND BOND NUMBER:

PREMIUM:

WHEREAS, the Town of Los Gatos, State of California (hereinafter called “Town”), and SUMMERHILL 50 LGSR LLC (hereinafter designated as “Principal”) have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated [MONTH] [DAY], 20___, 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 four hundred seventy seven thousand, eight hundred and ninety five ($477,895) 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 [MONTH] [DAY], 20___.

Page 75 ends

ITEM NO. 5.

SMHH\54443\1441213.5 2
PRINCIPAL:

SUMMERHILL 50 LGSR LLC,
a California limited liability company
By: SummerHill LGL Venture LLC,
a Delaware limited liability company,
its Sole Member
By: SummerHill LGL Venture Manager LLC,
a Delaware limited liability company,
its Managing Member
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

Its:

By:

Its:

SURETY:
___________________________________
[PRINCIPAL]
By:

Its:
___________________________________
[Address]
___________________________________
[City, State, ZIP]

Page 76 ends

ITEM NO. 5.

SMHH\54443\1441213.5 1
ATTACHMENT 3
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 _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, 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.

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 document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, 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.

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

Page 77 ends

ITEM NO. 5.

SMHH\54443\1441213.5 1
ATTACHMENT 3
SUBDIVISION MONUMENTS BOND BOND NUMBER:

PREMIUM:

WHEREAS, the Town of Los Gatos, State of California (hereinafter called “Town”), and SUMMERHILL 50 LGSR LLC (hereinafter designated as “Principal”) have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated [MONTH] [DAY], 20___, and identified as the Subdivision Improvement Agreement, is hereby referred to and made a part hereof;
WHEREAS, said Principal is required, under the terms of said agreement, to furnish a subdivision monuments bond; and
WHEREAS, under the terms of said agreement, Principal has submitted for approval to the Town a final map, filed with the Town, with a certificate thereon by the engineer or surveyor responsible for survey for the final map stating that some or all of the monuments will be set in the positions indicated on the final map on or before specified later date; that pursuant to Sections 66495-66498 of the Subdivision Map Act, the Town requires that the subdivider furnish to the Town a bond in an amount equal to the estimated cost of setting such monuments not already set prior to recording of the final map, guaranteeing payment of the cost thereof;
NOW, THEREFORE, we, the Principal and _____________, as Surety, are held and firmly bound unto the Town in the amount of twenty six thousand ($26,000) lawful money of the United States, for the payment of which sum well and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally.

The condition of this obligation is such that if the monuments are set on or before [MONTH] [DAY], 20___, and the engineer or surveyor setting the final monuments shall have been paid, then this obligation shall become null and void. Otherwise it shall be and remain in full force and effect.

As part of this obligation secured hereby and in addition to the amount of deposit specified above, it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney’s fees, if any, incurred by the Town in successfully enforcing such obligation against us, all to be taxed as costs and included in any judgment rendered.

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 said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on [MONTH] [DAY], 20___.

Page 78 ends

ITEM NO. 5.

SMHH\54443\1441213.5 2
PRINCIPAL:

SUMMERHILL 50 LGSR LLC,
a California limited liability company
By: SummerHill LGL Venture LLC,
a Delaware limited liability company,
its Sole Member
By: SummerHill LGL Venture Manager LLC,
a Delaware limited liability company,
its Managing Member
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

Its:

By:

Its:

SURETY:
___________________________________
[PRINCIPAL]
By:

Its:
___________________________________
[Address]
___________________________________
[City, State, ZIP]

Page 79 ends

ITEM NO. 5.

SMHH\54443\1441213.5 1
ATTACHMENT 3
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 _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, 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.

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 document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, 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.

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

Page 80 ends

ITEM NO. 5.

SMHH\54443\1441213.5 1

EXHIBIT A

INSURANCE REQUIREMENTS
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Offices form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” form GC 0001).

2. Insurance Services Office form number CA 0001(Ed. 1/78) covering Automobile Liability, code 1 “any auto” and endorsement CA 0025.

3. Worker’s Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance.

B. BEGINNING OF WORK
Subdivider shall maintain limits no less than:

1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Comprehensive General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers’ Compensation and Employers Liability: Workers’ compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the Town. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officers, official, employees and volunteers; or the Subdivider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. OTHER INSURANCE PROVISION
The policies are to contain, or be endorsed to contain the following provision:

1. General Liability and Automobile Liability Coverages a. The Town, its officers, official, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Subdivider, products and completed operation of the contracts, premises owned, occupied or used by the Subdivider, or automobiles owned, leased, hired or borrowed by the Subdivider. The coverage shall contain no special limitation on the scope of protection afforded to the Town, its officers, officials, employees, or volunteers.

Page 81 ends

ITEM NO. 5.

SMHH\54443\1441213.5 2
b. The Subdivider’s insurance coverage shall be primary insurance as respects the Town, its officer, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Subdivider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provision of the policies shall not affect coverage provided to the Town, its officers, officials, employees, or volunteers. d. The Subdivider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

2. Workers’ Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees, or volunteers for losses arising from work performed by the Subdivider for the Town.

3. All Coverages
Each insurance policy required by this clause shall be endorsed to state that the coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt required, has been given to the Town.

E. ACCEPTABILITY OF INSURERS
Insurance is to be place with insurers with a Best’s rating of no less than B+.

F. VERIFICATION OF COVERAGE
Subdivider shall furnish the Town with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Town. Where, by statute, the Town’s workers’ compensation-related forms cannot be used, equivalent forms approved by the State Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the Town before work commences. The Town reserves the right to require complete, certified copies of all required insurance policies, at any time.

G. SUBCONTRACTORS
Subdivider shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Page 82 ends

ITEM NO. 5.

SMHH\54443\1450810.5 1 2/25/2026

RECORDED AT THE REQUEST OF AND
WHEN RECORDED, RETURN TO:

Clerk of Town of Los Gatos
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Assessor’s Parcel Nos. 529-24-003, -032 and -001
Exempt from payment of fees pursuant to Government Code section 27383

LANDSCAPE MAINTENANCE AGREEMENT
THIS LANDSCAPE MAINTENANCE AGREEMENT (the "Agreement"), dated ____________, 2026, is executed by the TOWN OF LOS GATOS, a municipal corporation (the "Town"), with an address of c/o Parks and Public Works Department, 41 Miles Avenue, Los Gatos, California 95030, and SUMMERHILL 50 LGSR LLC, a California limited liability company (“Developer”) with reference to the following facts:

A. Developer is the owner of real property identified as Lots 1-28 and Parcels A-I on the subdivision map entitled “Tract 10657” filed on _______________, 2026, in Book __ of Maps at Page __ in the records of Santa Clara County, California (including any amendments, certificates of correction or lot-line adjustments thereto, the “Map”).

Developer is constructing 155 townhomes commonly referred to as “Solana” (the “Development”).

B. The Landscape Improvements (as defined below) have been or will be constructed within the public rights of way (“ROW” or “ROWs”) adjacent to Solana along Los Gatos-Saratoga Road. These Landscape Improvements are designated in the Site Plan attached as Exhibit A.

C. Pursuant to the conditions of approval relevant to this Development, the Developer is to be responsible for maintaining the landscaping and irrigation within the ROW in the portions of Los Gatos-Saratoga Road abutting the Development. The purpose of this Agreement is to set forth the rights and obligations of Developer and the Town (and any transferees) with respect to the maintenance of said Landscape Improvements.

THEREFORE, THE PARTIES AGREE AS FOLLOWS:

ARTICLE 1
Definitions
Unless the context indicates otherwise, the following terms shall have the following definitions:

1.1 1.1 Agreement. This Landscape Maintenance Agreement and any modifications thereto.

1.2 1.2 Development. The meaning given to such term in Recital A hereof.

1.3 1.3 Landscape Improvements. The landscaping and other improvements situated within the public ROW along Los Gatos-Saratoga Road adjacent to the Development and any utilities and ATTACHMENT 4

Page 83 ends

ITEM NO. 5.

SMHH\54443\1450810.5 2 2/25/2026
equipment, including irrigation systems, that provide irrigation to the landscaping therein, and any orchard trees, other trees, shrubs, foliage, groundcover and other landscaping. The Landscape Improvements do not include any areas of right of way maintained by the State of California or any utility lines and equipment, including signal monitoring devices, that provide utility service to any property outside the ROW.

1.4 1.4 Maintain, Maintained, Maintaining or Maintenance. Unless expressly stated otherwise, “maintain”, “maintained”, “maintaining” or “maintenance” as used in this Agreement includes inspection, cleaning, maintenance, repair, upgrades and/or replacement.

1.5 1.5 Map. The meaning given to such term in Recital A hereof.

1.6 1.6 Person. Any individual, corporation, partnership, limited liability company, trust or other legal entity.

1.7 1.7 Town. The Town of Los Gatos, California.

ARTICLE 2
Grant of Easements
The ROW shown on Exhibit A is subject to a nonexclusive easement as the servient tenement in favor of the Development as the dominant tenement for access to install and maintain the Landscaping Improvements and utilities that provide utility service to the Landscape Improvements, including electricity and water. The easement is appurtenant to the dominant tenement and any conveyance of any portion of the dominant tenement, whether voluntary or involuntary, automatically conveys the easement appurtenant thereto regardless of whether the instrument of conveyance describes the easement, subject to the provisions of Section 4.2. The right to install utility fixtures and equipment includes the right to tie into and use existing fixtures and equipment that serve the dominant tenement as long as the local governmental agency(ies) approve of such use.

ARTICLE 3
Maintenance, Repair and Insurance

3.1 3.1 Maintenance. The Developer shall maintain the Landscape Improvements in good condition and repair at all times, reasonable wear and tear excepted, subject to Section 3.2 below. If the maintenance of the Landscape Improvements will materially interfere with or temporarily suspend the ability to use a ROW, the Developer shall give the Town as much prior notice as is reasonable under the circumstances and no fewer than fifteen (15) calendar days, except in the case of an emergency. The Developer shall use all reasonable efforts to complete the work as soon as possible and to minimize any interference in the use of the ROW. Developer’s maintenance and other obligations under this Agreement exclude those areas of right of way maintained by the State of California pursuant the unrecorded Freeway Maintenance Agreement dated February 24, 1958 between the State of California and the Town.

3.2 3.2 Utility Repair or Replacement. If the Developer must repair any Landscape Improvements located within a ROW, it shall provide notice to the Town as is reasonable under the circumstances and no less than fifteen (15) calendar days’ prior notice, except in the case of an emergency, describe the work that must be done, and the impact on the use of the ROW during the period in which the work is being performed. Except in an emergency situation in which immediate work must be performed to prevent injury to any Person or material damage to any property, no work shall commence until the following conditions are satisfied: (1) the work is performed by contractors duly licensed in the State of California; (2) the work is performed in compliance with all applicable laws and ordinances, including permits required; and (3) liability insurance with policy limits no less than $500,000 is provided insuring the Developer and the Town against any liability arising out of the work. The work, once commenced, shall be diligently pursued until completion in order to minimize any interruption or interference with the use of the ROW.

Page 84 ends

ITEM NO. 5.

SMHH\54443\1450810.5 3 2/25/2026
On completion of the work, the Developer immediately shall repair the ROW to the condition it was in immediately preceding the work. The Developer shall defend, indemnify and hold the Town harmless against any claims, demands, liabilities, causes of action, judgments and costs, including reasonable attorneys’ fees, resulting from the Developer’s work.

3.3 3.3 Failure to Maintain. If the Developer fails to maintain the Landscape Improvements in good condition and repair, reasonable wear and tear excepted, the Town may notify the Developer of the need for maintenance, which notice shall contain an itemized description of the required maintenance (the "Repair Demand"). If the Developer fails to take appropriate action to commence the maintenance described in the Repair Demand within thirty (30) days of receipt of the Repair Demand, the Town may have the appropriate maintenance performed. The cost shall be allocated pursuant to Section 3.8 and, if applicable, the Developer shall reimburse the Town for its share of the cost on receipt of written demand.

If the Developer fails to tender the payment within thirty (30) days after the receipt of the written demand, the Town shall be entitled to recover the reasonable costs of collection, including reasonable attorneys’ fees, a late charge not exceeding 10% of the delinquent payment, and interest on the delinquent payment at 10% per annum or the maximum rate authorized by law, whichever is greater, commencing thirty (30) days after the payment due date. The Town may bring an action in any court of competent jurisdiction to collect the amount due.

3.4 Emergency Repairs. Notwithstanding anything herein to the contrary, either party may make such emergency repairs as that party, in the exercise of its reasonable business judgment, considers necessary in order to render the Town Property or the Development safe for its intended use (the “Repairing Party. The Repairing Party immediately shall notify the the “Non-Repairing Party” in writing of the reason for the cost of the repairs, together with appropriate supporting documentation (such as invoices) evidencing the costs spent on the repairs (the “Repair Notice”). On receipt of the Repair Notice, the NonRepairing Party shall reimburse the Repairing Party for the Non-Repairing Party’s share of the cost, if applicable pursuant to Section 3.8. If, within thirty (30) days after the receipt of the written demand, the Non-Repairing Party fails to tender payment, the Repairing Party shall be entitled to recover the reasonable costs of collection, including reasonable attorneys’ fees, a late charge not exceeding 10% of the delinquent payment, and interest on the delinquent payment at 10% per annum or the maximum rate authorized by law, whichever is greater, commencing thirty (30) days after the payment due date. The Repairing Party may bring an action in any court of competent jurisdiction to collect the amount due.

3.5 Insurance. Developer shall supply proof of General Liability (GL) insurance and Automobile Liability (AL) insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than AA. Both the GL and AL insurance will provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with Developers installation and maintenance of the Landscape Improvements. Both the GL and AL insurance will be in the minimum amount of $1,000,000.00 combined single limit, and will name the Town and the Town officers, employees, agents, and registered volunteers as additional insured under the coverage afforded. Such insurance will be primary and noncontributing with respect to any other insurance available to the Town and will include a severability of interest (cross-liability) clause.

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.

In addition to these policies, Developer 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, Developer shall ensure that all subcontractors employed by Developer provide the required Workers' Compensation insurance for their respective employees.

Page 85 ends

ITEM NO. 5.

SMHH\54443\1450810.5 4 2/25/2026
A copy of the policy or a certificate of insurance along with an additional endorsement naming the Town as an Additional Insured must be filed in the Town Clerks Office . The Additional Insured Endorsement, effective for ongoing and completed operations, must be approved by the Town.

3.6 Indemnification. Developer hereby agrees to protect, defend, indemnify, and hold the Town free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by the Town arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or property of the Town) and without limitation by enumeration, all other claims or demands of every character, arising out of or in connection with, or alleged to arise out of or be connected with, the installation, design, Maintenance or condition of the Landscape Improvements, except for any claims, actions, losses, liabilities and costs proximately caused by the negligence or willful misconduct of the Town. Developer agrees to investigate, handle, respond to, provide defense for and defend with counsel acceptable to Town any such claims, demand, or suit at the sole expense of the Developer. Developer also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Developer or the Town or to enlarge in any way the Developer’s liability, but is intended solely to provide for indemnification of Town from liability for damages or injuries to third persons or property arising from Developer’s performance pursuant to this Agreement. If any judgment is rendered against Town for any injury, death, or damage relating to work performed or completed pursuant to this Agreement, Developer shall, at its own expense, satisfy and discharge any judgment. As used above, the term “Town” means the Town of Los Gatos, its officers, agents, employees, and volunteers.

3.7 3.7 Transfer of Responsibility. This Agreement shall serve as the signed statement by the Developer accepting responsibility for maintenance of the Landscape Improvements as set forth in this Agreement until the responsibility is legally transferred to another entity, including a developer, property owners association or similar entity. Prior to transferring maintenance responsibility of the Landscape Improvements to another developer or property owners association, the Developer shall provide written notice of the Agreement to the transferee and provide the Town a copy of such notice.

3.8 3.8 Maintenance Costs. The Developer shall be responsible for the costs to maintain the Landscape Improvements, provided that if the Town or any Person acting under the authority of a party damages any Landscape Improvement, the responsible party shall pay all costs to repair or replace the damaged Landscape Improvement.

ARTICLE 4
Miscellaneous

4.1 4.1 Term of Agreement. This Agreement shall be effective in perpetuity unless terminated by operation of law or agreement of the parties.

4.2 4.2 Transfer. This Agreement shall run with the land and shall be binding upon all heirs, successors, and assigns of the parties. The Developer further agrees whenever any part of the Development is held, sold, conveyed or transferred, it shall be subject to this Agreement, which shall apply to, bind and be obligatory to all present and subsequent owners of the Development (or any portion thereof).

Notwithstanding the foregoing, while individual owners of residential condominiums or lots upon which commercial, retail, office or other uses are constructed (that are located within the Development) benefit from the maintenance of the Landscape Improvements, they shall have none of the maintenance and amendment rights and obligations described in this Agreement, which rights and obligations shall remain with the Developer or its assigns as described in this Section 4.2.

Additionally, notwithstanding any provision of this Agreement to the contrary, if and when an owners association (an “Association”) commences maintenance of the Landscape Improvements that are the Developer’s responsibility to maintain as set forth herein, Developer shall automatically be released of all

Page 86 ends

ITEM NO. 5.

SMHH\54443\1450810.5 5 2/25/2026
of its obligations and responsibilities under this Agreement that accrue or arise after the date that the Association assumes such maintenance.

4.3 4.3 Notice. Each party covenants to provide the other party with a current address for purposes of receiving notices. Any notice or demand permitted or required herein shall be conclusively considered received by a party when personally delivered to the owner, or seventy-two (72) hours after the notice has been deposited in the United States mail, certified or a return receipt requested, postage-prepaid, and addressed to such address as that the party has provided the other party for purposes of receiving notice hereunder. If no address has been provided, notice shall be considered received ninety-six (96) hours after notice is posted in a conspicuous place on the party's property and a copy mailed to the last known address of the party.

The initial addresses for notice are as follows:

Developer: SummerHill 50 LGSR LLC
6101 Bollinger Canyon Road, Suite 425
San Ramon, CA 94583
Attention: Kevin Ebrahimi
Town: Town of Los Gatos
___________________________________________
___________________________________________
Attention: __________________________________
Notwithstanding the prescribed method of delivery set forth above, actual receipt of written notice shall constitute notice given in accordance with this Agreement on the date received, unless receipt is deemed earlier in accordance with delivery made under one of the prescribed methods.

4.4 4.4 Mortgagee 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 Development. Except where the Lender has received prior written notice of Developer’s default hereunder and an opportunity to cure such default, in accordance with and pursuant to this Agreement, no lender taking title to all or any portion of the Development through foreclosure or deed in-lieu of foreclosure shall be liable for any defaults or monetary obligations of Developer 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 obligations of Developer, 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 the Development of which Town has been given notice (each, a “Lender”) with written notice of any default relating to Developer and/or the Development given by Town to Developer. 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 Developer through foreclosure or deed in-lieu of foreclosure, then the time periods for performance of Developer’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 Developer’s obligations under this agreement.

Copies of notices of default sent to Developer shall also be sent to Lender at:

Wells Fargo Bank, National Association
401 B Street, Suite 100
San Diego, CA 92101
Attn: John Wickenhiser
Loan No.: 0000101863

Page 87 ends

ITEM NO. 5.

SMHH\54443\1450810.5 6 2/25/2026
Copies to:

Wells Fargo Bank, National Association
600 South 4th Street, 10th Floor
Minneapolis, MN 55415
Attn: Agency CRE [email protected] Loan No.: 0000101863
and
Wells Fargo Bank, National Association
10 S. Wacker Drive, 20th Floor
Chicago, IL 60606
Attn: Gloria Juarez
Loan No.: 0000101863

4.5 4.5 Attorneys' Fees. If any action is commenced regarding the rights or duties of the parties hereto, the prevailing party in such action shall be entitled to recover the costs of such action and reasonable attorneys' fees.

4.6 4.6 Recordation; Covenants Running with the Land and Equitable Servitudes. This Agreement shall be recorded in the records of Santa Clara County, California. The rights and duties described herein shall constitute covenants running with the land and equitable servitudes that benefit and bind the Development and the ROWs and each owner and successive owner thereto. Owners of any property bound by this Agreement shall be liable for any defaults under this Agreement only during the period the owner held an ownership interest in the property and shall not be liable for any defaults committed by any predecessor or successor owner unless assumed in writing.

4.7 4.7 Amendments. This Agreement may be amended from time to time by written agreement by the Developer and the Town.

4.8 4.8 Effective Date. This Agreement shall be effective as of the date this document is recorded in the records of Santa Clara County, California.

Page 88 ends

ITEM NO. 5.

SMHH\54443\1450810.5 7 2/25/2026
DEVELOPER:

SUMMERHILL 50 LGSR LLC,
a California limited liability company
By: SummerHill LGL Venture LLC,
a Delaware limited liability company,
its Sole Member
By: SummerHill LGL Venture Manager LLC,
a Delaware limited liability company,
its Managing Member
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By: _____________________________
_____________________________
Its: __________________________
By: _____________________________
_____________________________
Its: __________________________
TOWN:

TOWN OF LOS GATOS,
a municipal corporation
By: _______________________________________
_______________________________________
Its _____________________________________

Page 89 ends

ITEM NO. 5.

SMHH\54443\1450810.5 2/25/2026
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 _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared ____________________________________________________________________, 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.

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 document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared ____________________________________________________________________, 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.

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

Page 90 ends

ITEM NO. 5.

SMHH\54443\1450810.5 2/25/2026
EXHIBIT A – Site Plan

Page 91 ends

ITEM NO. 5.

SMHH\54443\1450810.5 2/25/2026

SUBORDINATION
The undersigned, the beneficiary under the Construction Deed of Trust recorded on October 15, 2025, as Document No. 25884752 in the records of Santa Clara County, California, executed by SummerHill 50 LGSR LLC, a California limited liability company, as Trustor (the "Deed of Trust"), hereby subordinates the Deed of Trust to the foregoing Landscape Maintenance Agreement (“Agreement”) so that for all purposes the Agreement shall be deemed executed and recorded prior to the execution and recordation of the Deed of Trust.

This Subordination is made without affecting the liability of Trustor for payment of the indebtedness secured by the Deed of Trust.

BENEFICIARY:

WELLS FARGO BANK, NATIONAL ASSOCIATION,
as Administrative Agent
______________________________________________
By: ________________________________________
Title: ________________________________________
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 _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, 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.

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

Page 92 ends

ITEM NO. 5.

SMHH\54443\1627049.6 1 February 25, 2026
RECORDING REQUESTED BY:

Town of Los Gatos
WHEN RECORDED MAIL TO:

Clerk Administrator
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Record without fee pursuant to
Government Code Section 6103

STORMWATER TREATMENT AND DETENTION MEASURES

MAINTENANCE AGREEMENT AT
SOLANA
This Stormwater Treatment Measures Maintenance Agreement (“Agreement”) is entered into this ____ day of ________, 2026, by and between the Town of Los Gatos, a municipal corporation (“Town”) and SummerHill 50 LGSR LLC, a California limited liability company (the “Property Owner”).

RECITALS
WHEREAS, on May 11, 2022, the Regional Water Quality Control Board, San Francisco Bay Region, adopted Order R2-2022-0018, CAS612008, reissuing the San Francisco Bay Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit for the municipalities and countywide Clean Water Programs in Alameda County, Contra Costa County, San Mateo County, Santa Clara County, the cities of Fairfield and Suisun City, and the City of Vallejo and the Vallejo Sanitation and Flood Control District; and WHEREAS, the Town of Los Gatos is member agency of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPP), an association of 13 south bay cities, the Santa Clara Valley Water District, and Santa Clara County; and WHEREAS, Provision C.3.h. of this NPDES permit, and as it may be amended or reissued, requires the Town to provide minimum verification and access assurances that all stormwater treatment and detention measures shall be adequately operated and maintained by persons and entities responsible for the stormwater treatment measures; and WHEREAS, Property Owner is the owner of real property commonly known as the “Solana” development, located within the Town (the “Property”), and more particularly described in the attached Exhibit A, upon which stormwater treatment measures are located or to be constructed, as shown in the attached Exhibit B; and
ATTACHMENT 5

Page 93 ends

ITEM NO. 5.

SMHH\54443\1627049.6 2 February 25, 2026
WHEREAS, the Town is the permittee public agency with jurisdiction over the Property.

WHEREAS, the Property Owner, its administrators, co-owners, executors, successors, heirs, assigns or any other persons, including any homeowners association (hereinafter collectively referred to as “Property Owner”) recognizes that the stormwater treatment and detention measure(s) more particularly described and shown on Exhibit B, of which the approved full-scale plans and any approved amendments thereto are on file with the Engineering Division of the Parks & Public Works Department of the Town of Los Gatos, must be installed and maintained as indicated in this Agreement and as required by the NPDES permit;

WHEREAS, as a Conditions of Approval of for Architecture and Site Application No. S23-042 and a Conditions of Approval for Vesting Tentative Map Application No. M-23-009 approved by the Town Council on March 4, 2025, for the development of the Property, the Town of Los Gatos requires that the Property Owner enter into an agreement for the maintenance of the Storm Water Treatment Facility for the Property;

WHEREAS, the Town and the Property Owner agree that the health, safety and welfare of the citizens of the Town require that the stormwater treatment and detention measure(s) detailed in the approved Site Plan shall be constructed and maintained on the Property; and

WHEREAS, the Town’s Stormwater Management Ordinance, guidelines, criteria and other written directions require that the stormwater treatment and detention measure(s), as shown on the approved Site Plan, be constructed and maintained by the Property Owner.

NOW, THEREFORE, in consideration of the benefit received by the Property Owner as a result of the Town’s approval of the Application Nos. S-23-042 and M-23-009, the Property Owner hereby covenants and agrees as follows:

SECTION 1: CONSTRUCTION OF TREATMENT MEASURES
The on-site stormwater treatment measure(s) and offsite BR-7 shown on the approved Site Plan is a private facility and shall be constructed or cause to be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the Property and any other requirements thereto that have been approved by the Town in conformance with appropriate Town ordinances, guidelines, criteria and other written direction.

SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY
This Agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another entity. Prior to transferring title for all or any part of the Property, Property Owner shall provide to the Town at least one of the following:

A. A signed statement from the entity assuming post-construction responsibility for treatment measure maintenance and that the treatment measures meet all local agency design standards; or

Page 94 ends

ITEM NO. 5.

SMHH\54443\1627049.6 3 February 25, 2026
B. Written conditions in the sales or lease agreement requiring the buyer or lessee to assume responsibility for operation and maintenance (“O&M”) consistent with this provision, which conditions, in the case of purchase and sale agreements, shall be written to survive beyond the close of escrow; or
C. Written text in Property conditions, covenants and restrictions (CC&Rs) for residential properties assigning O&M responsibilities to the homeowners association for O&M of the treatment measures; or
D. Any other legally enforceable agreement or mechanism that assigns responsibility for the maintenance of treatment measures.

SECTION 3: MAINTENANCE OF TREATMENT MEASURES
The Property Owner shall not destroy or remove the stormwater treatment measures from the Property or modify or otherwise allow the stormwater treatment system to exist in any manner that lessens its effectiveness and shall, at its sole expense, adequately maintain the stormwater treatment measure(s) in good working order acceptable to the Town (which acceptance shall not be unreasonably withheld, conditioned or delayed) and in accordance with the Maintenance Plan submitted by the Property Owner and approved by the Town Engineer or his or her designee and in accordance with all federal, state or local laws and regulations, attached hereto as Exhibit C and incorporated herein by this reference. This includes all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that these facilities continue to operate as originally designed and approved. The maintenance plan shall include a detailed description of and schedule for long-term maintenance activities.

In the event the stormwater treatment measures are destroyed, damaged, removed or modified in a manner that lessens their effectiveness, the Property Owner, at its sole expense, shall restore them such that they perform as intended.

SECTION 4: SEDIMENT MANAGEMENT
Sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) will be managed appropriately by the Property Owner. The Property Owner will provide for the removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the Property, unless provided for in the maintenance plan. Any disposal or removal of accumulated sediments or debris shall be in compliance with all federal, state and local law and regulations.

SECTION 5: ANNUAL INSPECTION AND REPORT
The Property Owner shall, on an annual basis, complete the Treatment Measure Operation and Maintenance Inspection Report (Annual Report), attached to this Agreement as Exhibit D.

The Annual Report shall include all completed Inspection and Maintenance Checklists, in the form attached to this Agreement as Exhibit D for the reporting period and shall be submitted to the Town in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s) have been conducted pursuant to this Agreement. The Annual Report shall be submitted no later than December 31 of each year, under penalty of perjury, to:

Page 95 ends

ITEM NO. 5.

SMHH\54443\1627049.6 4 February 25, 2026
Town of Los Gatos – Engineering Division, Public Works Department 41 Miles Avenue, Los Gatos, CA 95030
Attn: Stormwater Reporting
or another member of the Town staff as directed by the Town. The Property Owner shall conduct a minimum of two (2) inspections of the stormwater treatment measure(s) annually, and provide reports once in the Fall by October 1st, in preparation for the wet season, and once in the Winter by March 15th. This inspection shall occur between August 1st and October 1st each year. More frequent inspections may be required by the Maintenance Plan at Exhibit C. The results of inspections shall be recorded on the Inspection and Maintenance Checklist(s) attached as Exhibit D.

The Property Owner shall retain each annual report at a location on the Property for a period of at least three years from the date generated, or as directed by Regional Water Board. The Town may request Property Owner to provide copies of any or all annual reports prepared during the previous three years in order to verify that inspection and maintenance of the applicable stormwater treatment measures have been conducted pursuant to this Agreement. Property Owner shall comply with any such request within ten (10) working days.

SECTION 6: NECESSARY CHANGES AND MODIFICATIONS
At its sole expense, the Property Owner shall make changes or modifications to the stormwater treatment measure(s) and/or the long-term Maintenance Plan, Exhibit C, as may be determined as reasonably necessary by the Town to ensure that treatment measures are properly maintained and continue to operate as originally designed and approved.

Property Owner is required to obtain written approval from the Town prior to performing any structural alterations or modifications to the stormwater treatment measure(s) and/or the longterm Maintenance Plan. The Property Owner shall obtain all necessary permits as required by the Town Municipal Code and Ordinance. Upon the Town’s approval, any necessary modifications to this Agreement shall be made in the form of an amendment, which shall be signed by all parties and recorded.

SECTION 7: ACCESS TO THE PROPERTY
The Property Owner hereby grants permission to the Town; the San Francisco Bay Regional Water Quality Control Board (Regional Board); the Santa Clara County Department of Environmental Health, Vector Control District; and their authorized agents and employees to enter upon the Property at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater treatment measure(s) in order to ensure that treatment measures are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property when it has a reasonable basis to believe that a violation of this Agreement, the Town’s stormwater management ordinance, guidelines, criteria, other written direction, or the Santa Clara Countywide Clean Water Program’s NPDES municipal stormwater permit (Regional Board Order R2-2022-0018, and any amendments or re-issuances of this permit) is occurring, has occurred or threatens to occur. The above listed agencies also have a right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of the ordinance guideline, criteria or other written direction. Whenever

Page 96 ends

ITEM NO. 5.

SMHH\54443\1627049.6 5 February 25, 2026
possible, the Town, Regional Board, or the Vector Control District shall provide reasonable notice to the Property Owner before entering the Property.

SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES
In the event the Property Owner fails to accomplish the necessary maintenance of the stormwater treatment measure(s), as shown on the approved Site Plan or comparable document, in good working order acceptable to the Town and in accordance with the Maintenance Plan incorporated in this Agreement, within ten (10) days of written notice by the Town, the Town and its authorized agents and employees may enter the Property and take whatever steps it deems necessary and appropriate to return the treatment measure(s) to good working order, in addition to all other rights and remedies available in law and in equity. Any costs incurred by Town shall be the sole responsibility of the Property Owner. Prior notice will not be necessary if emergency conditions require immediate remedial action. This provision shall not be construed to allow the Town to erect any structure of a permanent nature on the Property. It is expressly understood and agreed that the Town is under no obligation to maintain or repair the treatment measure(s) and in no event shall this Agreement be construed to impose any such obligation on the Town.

SECTION 9: REIMBURSEMENT OF TOWN EXPENDITURES
In the event the Town, pursuant to this Agreement, performs work of any nature (direct or indirect), including any reinspections, repairs or any actions it deems necessary or appropriate to return the treatment measure(s) in good working order as indicated in Section 8, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the Town, or shall forfeit any required bond upon demand within thirty (30) days of receipt thereof for the costs incurred by the Town hereunder. If these costs are not paid within the prescribed time period, the Town may assess the Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property, or prorated against the beneficial users of the Property or may be placed on the property tax bill and collected as ordinary taxes by the Town. The actions described in this section are in addition to and not in lieu of any and all legal remedies as provided by law, available to the Town as a result of the Property Owner’s failure to maintain the treatment measure(s). This shall include, but is not limited to, required Municipal Regional Permit (MRP) annual inspections, or any other inspections as required by the Town’s Municipal Regional Permit. Inspection fees shall be paid pursuant to the Town’s Fee Schedule as applicable.

SECTION 10: INDEMNIFICATION
The Property Owner shall indemnify, hold harmless and defend the Town and its authorized agents, officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be asserted against the Town that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the treatment measure(s) by the Property Owner or the Town. In the event a claim is asserted against the Town, its authorized agents, officers, officials or employees, the Town shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such claim. If any judgment or claims against the Town, its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any claims, demands, suits, damages,

Page 97 ends

ITEM NO. 5.

SMHH\54443\1627049.6 6 February 25, 2026
liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed which arise due solely to the negligence or willful misconduct of the Town and/or its authorized agents, officers, officials and employees.

SECTION 11: NO ADDITIONAL LIABILITY
It is the intent of this Agreement to insure the proper maintenance of the treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water runoff.

SECTION 12: PERFORMANCE FINANCIAL ASSURANCE
If the Property Owner fails to maintain the stormwater treatment measure(s) after written notice and opportunity to cure, the Town may request the Property Owner to provide a performance bond, security or other appropriate financial assurance providing for the maintenance of the stormwater treatment measure(s) pursuant to the Town’s ordinances, guidelines, criteria or written direction.

SECTION 13: TRANSFER OF PROPERTY
This Agreement shall run with the land and shall be binding upon all heirs, successors, and assigns of Property Owner. The Property Owner further agrees whenever the Property is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement, which shall be assigned to, apply to, bind and be obligatory to all present and subsequent owners of the Property.

Notwithstanding any provisions of this Agreement to the contrary, once an owners association (the “Association”) commences operation and maintenance of the Stormwater Treatment Measures that are the Association’s responsibility to maintain as set forth in an applicable Declaration of Restrictions, SummerHill 50 LGSR LLC shall automatically be released of its obligations and responsibilities under this Agreement that accrue or arise after the date the Association commences such operation and maintenance.

SECTION 14: SEVERABILITY
The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this Agreement.

SECTION 15: RECORDATION
This Agreement shall be recorded by the Property Owner, or by the Town by mutual agreement, within five (5) business days, or such time as agreed upon by both parties, after the execution date of this Agreement as stated above among the deed records of the County Recorder’s Office of the County of Santa Clara, California at the Property Owner’s expense. A copy of the recorded Agreement shall be provided to the Town as required by the Conditions of Approval of the Project.

SECTION 16: RELEASE OF AGREEMENT
In the event the Town determines that the stormwater treatment measures located on the

Page 98 ends

ITEM NO. 5.

SMHH\54443\1627049.6 7 February 25, 2026
Property are no longer required, then the Town, at the request of the Property Owner, shall execute a release of this Inspection and Maintenance Agreement, which the Property Owner, or the Town by mutual agreement, shall record in the County Recorder’s Office at the Property Owner’s expense. The stormwater treatment measure(s) shall not be removed from the Property unless such a release is so executed and recorded.

SECTION 17: EFFECTIVE DATE AND MODIFICATION
This Agreement is effective upon the date of execution as stated at the beginning of this Agreement. This Agreement shall not be modified except by written instrument executed by the Town and the Property Owner at the time of modification. Such modifications shall be effective upon the date of execution and shall be recorded.

SECTION 18: MISCELLANEOUS
a. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Santa Clara.
b. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, expert’s fees and costs, and litigation expenses and other costs which shall become part of the lien against the Property. c. If Property Owner consists of more than one party, each person, entity, or other party described as the “Property Owner” in this Agreement and/or executing this Agreement for the Property Owner shall be jointly and severally liable for each and every obligation and requirement imposed on Property Owner herein.
d. Nothing in this Agreement or anything provided herein shall in any way defeat, invalidate or impair the obligation secured by or the security of any deed of trust now or hereafter encumbering the Property or any part thereof, and any lender who forecloses or otherwise acquires title to the Property or any part thereof shall only be obligated for matters under this Agreement which first arise after the time any such lender acquired title.

SECTION 19: NOTICE
Any notice required to be given hereunder shall be deemed to have been provided by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO TOWN: Town of Los Gatos
Engineering Division, Public Works Department
110 E. Main Street
Los Gatos, CA 95030
Attn: Stormwater Reporting
TO PROPERTY OWNER: SummerHill 50 LGSR LLC
6101 Bollinger Canyon Road
San Ramon, CA 94583
Attn.: SVP of Development
with a copy to

Page 99 ends

ITEM NO. 5.

SMHH\54443\1627049.6 8 February 25, 2026
SummerHill 50 LGSR LLC
777 California Ave.

Palo Alto, CA 94304
Attn.: General Counsel
Change of address is official only after providing written notice thereof to the other party.

Notice(s) shall be deemed effective upon receipt or seventy-two (72) hours after deposit in the U.S. mail, whichever is earlier.
[SIGNATURES ON FOLLOWING PAGE]

Page 100 ends

ITEM NO. 5.

SMHH\54443\1627049.6 9 February 25, 2026
In Witness Whereof, the Parties have executed this Agreement as of the date first written below.

PROPERTY OWNER
SUMMERHILL 50 LGSR LLC,
a California limited liability company
By: SummerHill LGL Venture LLC,
a Delaware limited liability company,
its Sole Member
By: SummerHill LGL Venture Manager LLC, a
Delaware limited liability company,
its Managing Member
By: SummerHill Homes LLC,
a California limited liability company,
its Manager
By: __________________________
Name: __________________________
Its: __________________________
By: __________________________
Name: __________________________
Its: __________________________

TOWN OF LOS GATOS
RECOMMENDED BY:

DATE:________________________

TOWN MANAGER

Page 101 ends

ITEM NO. 5.

SMHH\54443\1627049.6 1 February 25, 2026
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 )
______________________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, 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.

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 document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, 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.

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

Page 102 ends

ITEM NO. 5.

SMHH\54443\1627049.6 1 February 25, 2026
Exhibit A

LEGAL DESCRIPTION OF SOLANA

Page 103 ends

ITEM NO. 5.

Exhibit A

LEGAL DESCRIPTION OF SOLANA
Real property in the Town of Los Gatos, County of Santa Clara, State of California, described as follows:

Tract One:

Parcel One:

Beginning at a 2" X 3" stake standing on the Northwesterly line of Bella Vista Avenue, at the most Easterly corner of that 18.36 acre tract Deeded to Salvatore Di Fiore and Maria Di Fiore, his wife, by Deed dated June 14, 1922 and recorded in Book 552 of Deeds, Page 530, in the Office of theCounty Recorder of Santa Clara County, California, from which stake the most Easterly corner of the Bartlett subdivision, as said subdivision is shown in Book "N" of Maps, Page 7, in the Office of the County Recorder of Santa Clara County, California, bears S. 63° 25' E. 332.42 feet; Running thence along the Northeasterly line of the aforementioned 18.36 acre tract N. 63° 25' W. 100 feet to a stake marked "G"; Thence on a line parallel with the Northwesterly line of Bella Vista Avenue, S. 33° 30' W. 125 feet to a stake marked "H", Thence S. 63° 25' E. 100 feet to a stake standing on the Northwesterly line of Bella Vista Avenue; Thence along the Northwesterly line of Bella Vista Avenue, N. 33° 30' E. 125 feet to the Place of Beginning, and being a portion of RANCHO RINCONADA DE LOS GATOS.

Parcel Two:

Beginning at the most Westerly corner of that certain parcel of land conveyed to the State of California by Deed recorded March 17, 1955 in Book 3117 of Official Records,

Page 135 ends

parcel of land conveyed to the State of California and along the Southwesterly line of that certain parcel of land conveyed to State of California by Deed recorded May 21, 1956 in Book 3500 of Official Records, Page 577, Santa Clara County Records, the following courses and distances: South 78° 04' 25" East 53.83 feet and South 80° 36' East 173.48 feet to the true Point of Beginning; Thence continuing along the said parcel conveyed to the State of California secondly above referred to, South 76° 00' 20" East

60.65 feet; Thence leaving said line South 22° 25' 07" West 137.84 feet to a point on the Southwesterly line of the lands now or formerly of Milton K.

Lepetich; Thence along said last named line North 63° 38' West 60.14 feet; Thence North 22° 25' 07" East 124.81 feet to the true Point of Beginning and being a portion of the RANCHO RINCONADA DE LOS GATOS.

Page 104 ends

ITEM NO. 5.

Parcel Three:

Beginning at the most Westerly corner of that certain parcel of land conveyed to the State of California by Deed recorded March 17, 1955 in Book 3117 of Official Records,

Page 135 ends

parcel of land to the State of California and along the Southwesterly line of that certain parcel of land conveyed to the State of California by deed recorded May 21, 1956 in Book 3500 of Official Records, Page 577, Santa Clara County Records, the following courses and distances: South 78° 04' 25" East 53.83 feet and South 80° 36' East 173.48 feet; Thence leaving said Southwesterly line South 22° 25'07" West 124.81 feet to a point on the Southwesterly line of the lands now or formerly of Milton K. Lepetich; Thence along said last named line North 63° 38' West 234.13 feet to the most Westerly corner of said lands of Lepetich; Thence along the Northwesterly line of said lands, North 33° 24'30" East 60.94 feet to the Point of Beginning, and being a portion of the RANCHO RINCONADA DE LOS GATOS.

EXCEPTING FROM Parcels Two and Three above all that portion thereof conveyed to the Town of Los Gatos by Deed recorded July 27, 1962 in Book 5662 of Official Records, Page 584, executed by Joseph Moucressey, and being more particularly described as follows:

Beginning at the most Westerly corner of that certain parcel of land conveyed by Milton K. Lepetich and Sophie Lepetich, husband and wife, as to the State of California, by Deed recorded March 17, 1955, in Book 3117 of Official Records, Page 135, Santa Clara County Records; Thence along the Southwesterly
line of said parcel of land conveyed to the State of California and along the Southwesterly line of that certain parcel of land conveyed by Milton K. Lepetich and Sophie Lepetich, husband and wife, to the State of California by Deed recorded May 21, 1956 in Book 3500 of Official Records, Page 577, Santa Clara County Records, the following courses and distances: South 78° 04' 25" East 53.83 feet; Thence South 80° 36' East 173.48 feet; Thence South 76° 00' 20" East 60.65 feet; Thence leaving said Southwesterly line, South 22° 25' 07" West 10.00 feet; Thence North 77° 45' 26" West 286.93 feet; Thence North 33° 24' 30" East 3.00 feet to the Point of Beginning.

Parcel Four:

Beginning at the point of intersection of the Northwesterly line of Bella Vista Avenue, with the
Northeasterly line of that certain parcel of land described in the Deed to Ignazio Prestigiacomo, et ux,
recorded December 1, 1958 in Book 4244 of Official Records, Page 730; Thence along the Northeasterly
and Northwesterly lines of said Prestigiacomo parcel of land, the following courses and distances, to wit: N. 57° 27' 18" W. 84.30 feet and S. 37° 59' 10" W. 73.81 feet to a point

Page 105 ends

ITEM NO. 5.
on the Southwesterly line of that certain 18.36 acre parcel of land described in the Deed to Salvatoro Di Fioro, et ux, dated June 14, 1922
and recorded in Book 552 of Deeds, Page 530; Thence along said Southwesterly line N. 57° 23' 10" W. 942 feet, more or less, to the point of intersection thereof with the Southerly line of that certain parcel of land condemned to the State of California and described in that certain Final Order of Condemnation, a certified copy of which was filed for record in the Office of the Recorder, County of Santa Clara, State of California on March 8, 1955 in Book 3108 of Official Records, Page 322; Thence along said Southerly line the following courses and distances, to wit: N. 89° 14' 29" E. 45.20 feet, N. 85° 17' 24" E. 66.60 feet, N. 87° 07' 42" E. 88.75 feet, N. 61° 15' 46" E. 206.87 feet, N. 78° 26' 24" E. 76.12 feet, and S. 77° 40' 36" E. 43.11 feet to a point at the most Westerly corner of that certain parcel of land conveyed to State of California by Deed recorded March 17, 1955 in Book 3117 of Official Records, Page 135, said point being the Northernmost corner of that certain parcel of land described as Parcel Two in that certain Deed of Trust executed by Joseph Moucressey, et ux, as trustor, to city title insurance company, as trustee, recorded March 16, 1959 in Book 4353 of Official Records, Page 488; Thence along the Northwesterly line of said Parcel Two, S. 33° 24' 30" W. 60.94 feet to the point of intersection thereof with the Northwesterly line of that certain 18.36 acre parcel of land hereinabove referred to; Thence along said Northeasterly line, S. 64° 09' 03" E. 577.23 feet to the point of intersection thereof with the Northwesterly line of that certain parcel of land described in the Deed to Margaret M. Anderson, recorded March 4, 1924 in Book 74 of Official Records, Page 234; Thence along the Northwesterly and Southwesterly lines of said Anderson parcel of land, S. 33° 07' 22" W. 125 feet and S. 63° 09' 04" E. 100 feet to a point on the said Northwesterly line of Bella Vista Avenue; Thence along said last named line, S. 33° 07' 22" W. 148.37 feet and S. 14° 29' 52" W. 45.87 feet to the Point of Beginning and being a portion of the RANCHO RINCONADA DE LOS GATOS.

Parcel Five:

A non-exclusive easement for ingress, egress, access, parking, assembly and related purposes appurtenant to and for the benefit of hereinabove described Parcels One, Two and Three and said easement being more particularly described as follows:

Beginning at the intersection of the Northwesterly line of Bella Vista Avenue, 50.00 feet in width, the Southwesterly line of that certain Parcel of land described in the Deed to Milton K. Lepetich and Tom Lepetich, recorded in the office of the recorder of the County of Santa Clara, State of California on April 30, 1923 in Book 20 of Official Records, at Page 507; Thence from said Point of Beginning and along the Southwesterly line of said land deeded to Milton K. Lepetich and Tom Lepetich, North 63° 38' West 370.00 feet, more or less, to the Southeasterly corner of Parcel Two, as described in the Deed to Joseph Moucressey, et ux, recorded November 9, 1957 in Book 3930 of Official Records, at Page 572, Santa Clara County records; Thence along the Southeasterly line of said Parcel Two; North 22° 25'07" East 137.84 feet to the Northeasterly corner thereof, on the Southwesterly line of that certain 1.796 acre Parcel of land, as described in the Deed to the State of California recorded May 21, 1956 in

Page 106 ends

ITEM NO. 5.

Book 3500 of Official Records, Page 577, Santa Clara County records; Thence along the Southwesterly line of said 1.796 acre Parcel of land South 75° 36' 16" East 300.34 feet and South 70° 28' 01" East 73.56 feet to the Southeasterly corner thereof, on the Northwesterly line of said Bella Vista Avenue, also being point on a Southeasterly line of said land Deeded to Milton K. Lepetich and Tom Lepetich, first above referred to; Thence along the general Southeasterly boundary line of said land Deeded to Milton K. and Tom Lepetich, the two following courses and distances; S. 33° 25' W. 115.93 feet to a 2x3 inch post marked 4; Thence South 63° 38' East 22.49 feet to the intersection of said general Southeasterly boundary line with the Northwesterly line of said Bella Vista Avenue; Thence Southerly and Southwesterly along the Northwesterly line of Bella Vista Avenue to the Point of Beginning.

Tract Two:

Beginning at the intersection of the Northwesterly line of Bella Vista Avenue, 50.00 feet in width, with the Southwesterly line of that certain parcel of land described in the Deed from H.O. Davis, et ux, to Milton K. Lepetich and Tom Lepetich, dated April 28, 1923, recorded in the Office of the Recorder of the County of Santa Clara, State of California on April 30, 1924 in Book 20 of Official Records, at Page 507; Thence from said Point of Beginning and along the Southwesterly line of said land Deeded to Milton K. Lepetich and Tom Lepetich, N. 63° 38' W. 370.00 feet, more or less, to the Southeasterly corner of Parcel One, as described in the deed from Milton K. Lepetich, et ux, to Joseph Moucressey, et ux, dated November 04, 1957, recorded November 05, 1957 in Book 3930 of Official Records, at Page 572, Santa Clara County Records; Thence along the Southeasterly line of said Parcel One; N. 22°25' 07" E. 137.84 feet to the Northeasterly corner thereof, on the Southwesterly line of that certain 1.796 acre parcel of land, as described in the Deed from Milton K. Lepetich, et ux, to the State of California, dated April 05, 1956 and recorded May 21, 1956 in Book 3500 of Official Records, at Page 577, Santa Clara County Records; Thence along the Southwesterly line of said 1.796 acre parcel of land, S. 75° 36' 16" E. 300.34 feet and S. 70° 28' 01" E. 73.56 feet to the Southeasterly corner thereof, on the Northwesterly line of said Bella Vista Avenue, also being a point on a Southeasterly line of said land Deeded to Milton K. Lepetich and Tom Lepetich, first above referred to; Thence along the general Southeasterly boundary line of said land Deeded to Milton K. and Tom Lepetich, the two following courses and distances; S. 33° 25' W. 115.93 feet to a 2 X 3 inch post marked 4; Thence S. 63° 38' E.

22.49 feet to the intersection of said general Southeasterly boundary line, with the Northwesterly line of said general Southeasterly boundary line, with the Northwesterly line of said Bella Vista Avenue; Thence Southerly and Southwesterly along the Northwesterly line of Bella Vista Avenue, to the Point of Beginning.

APN: 529-24-003 (Affects Parcel One of Tract One);
529-24-032 (Affects Parcels Two, Three and Four of Tract One) & 529-24-001 (Affects Tract Two

Page 107 ends

ITEM NO. 5.

SMHH\54443\1627049.6 1 February 25, 2026
Exhibit B

STORM WATER TREATMENT MEASURES LOCATIONS

Page 108 ends

ITEM NO. 5.
16/2P16/2P 16/2P
16/2P16/2P

CHARLES
BLDG 3
BLDG 4
BLDG 5
BLDG 10
BLDG 11
BLDG 12 BLDG 13
BLDG 14
BLDG 15 BLDG 16
BLDG 17
BLDG 19
BLDG 20 BLDG 21
BLDG 22 BLDG 23
BLDG 24 BLDG 25
BLDG 26
BLDG 27 BLDG 28
BLDG 2
BLDG 6
BLDG 1
BLDG 9
BLDG 8
BLDG 7
BLDG 18

LOS GATOS-SARATOGA ROAD (SEE OFFSITE IMPROVEMENT PLAN FOR OFFSITE TREATMENT) DMA 4
DMA 4
DMA 2
DMA 3
DMA 6
(REMAINDER)

SELF RETAINING
DMA 5
DMA 2 DMA 2 DMA 2

BELLA VISTA

BERRYMAN WAY

BERRYMAN WAY

MARIOTTI WAY

FORD CIRCLE

ROCKYFELLOW CIRCLE

STREET HOTEL

F ALLEY
DMA 1 DMA 1
DMA 1
DMA 1

ROCKYFELLOW CIRCLE

FORD CIRCLE

GRAPHIC SCALE
40' 0' 20' 40' 80' 160' LOS GATOS TOWN RESIDENCES ONSITE IMPROVEMENT PLANS PARKS AND PUBLIC WORKS DEPARTMENT TOWN OF LOS GATOSIMPROVEMENT PLANS APPLICATION NO. GR25-215 REVISIONS BY DATE DATE: SCALE: DESIGN: DRAWN: CHECK: ENGR: PROJECT NO.:

SHEET OF CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER. MARCH 2026 ALM ALMRTHRP 1" = 20' 3812-000 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 SOLANA 42 50 LOS GATOS-SARATOGA ROAD, LOS GATOS, CA 95032
SCALE: STORMWATER MANAGEMENT PLAN1" = 40' STORMWATER MANAGEMENT PLAN 35 ABBREVIATIONS

STORM WATER TREATMENT SUMMARY

DMA TOTAL AREA (SF) IMPERVIOUS AREA
(SF) PERVIOUS AREA (SF) TREATMENT AREA REQUIRED (SF) TREATMENT AREAPROVIDED (SF) PONDING DEPTH (IN) LEGEND
BLDG 1
DMA 1 1" = 40'

IMPERVIOUS AREA HATCHING

LOS GATOS-SARATOGA ROAD
(SEE OFFSITE STORMWATER

MANAGEMENT PLAN)

Page 109 ends

ITEM NO. 5.

BIO-RETENTION DETAIL 1 BIO-RETENTION DETAIL 2 LOS GATOS TOWN RESIDENCES ONSITE IMPROVEMENT PLANS PARKS AND PUBLIC WORKS DEPARTMENT TOWN OF LOS GATOSIMPROVEMENT PLANS APPLICATION NO. GR25-215 REVISIONS BY DATE DATE: SCALE: DESIGN: DRAWN: CHECK: ENGR: PROJECT NO.:

SHEET OF CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER. MARCH 2026 ALM ALMRTHRP 1" = 20' 3812-000 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 SOLANA 42 50 LOS GATOS-SARATOGA ROAD, LOS GATOS, CA 95032 STORMWATER MANAGEMENT PLAN DETAILS 36 NTS TRASH CAPTURE DEVICE FOR (SDFI 34-35, 43-45 & 47) AND (SDCB 27-31) TRASH CAPTURE DEVICE FOR ROUND INLET FILTERS (SDFI 36-42)

Page 110 ends

ITEM NO. 5.

Page 111 ends

ITEM NO. 5.

SMHH\54443\1627049.6 1 February 25, 2026
Exhibit C

OPERATIONS MAINTENANCE PLAN

Page 112 ends

ITEM NO. 5.
50 Los Gatos–Saratoga Road

Page 1 ends

Stormwater Treatment Measure Operation and Maintenance
Inspection Report to the Town of Los Gatos, California
This report and attached Inspection and Maintenance Checklists document the inspection and maintenance conducted for the identified stormwater treatment measure(s) subject to the Maintenance Agreement between the Town of Los Gatos and the property owner during the annual reporting period indicated below.

I. Property Information:

Property Address or APN: 50 Los Gatos–Saratoga Road
Property Owner: Summerhill 50 LGSR LLC
II. Contact Information: (To be filled out by HOA Management) HOA to provide cost estimate for annual and lifetime O&M activities.

Name of person to contact regarding this report: ______________________ Phone number of contact person: ________________ Email: ______________________ Address to which correspondence regarding this report should be directed:
______________________________
______________________________
III. Reporting Period:

This report, with the attached completed inspection checklists, documents the inspections and maintenance of the identified treatment measures during the time period from to .

IV. Stormwater Treatment Measure Information:

The following stormwater treatment measures (identified treatment measures) are located on the property identified above and are subject to the Maintenance Agreement:

Identifying
Number of
Treatment
Measure
Type of Treatment Measure Location of Treatment Measure on the Property
BR-1 Bio Retention Between Building’s 2 & 3
BR-2 Bio Retention Between Building’s 27 & 28
BR-3 Bio Retention West of Building 1
BR-4 Bio Retention North of Building’s 5 & 6
BR-5 Bio Retention South of Building 24

Page 113 ends

ITEM NO. 5.
50 Los Gatos–Saratoga Road

Page 2 ends

BR-7 Bio Retention East side of development entrance
on south side of Los Gatos Saratoga
Road
V. Summary of Inspections and Maintenance:

Summarize the following information using the attached Inspection and Maintenance Checklists:

Identifying
Number of
Treatment
Measure
Date of
Inspection
Operation and Maintenance Activities
Performed and Date(s) Conducted
Additional Comments
VI. Sediment Removal:

Total amount of accumulated sediment removed from the stormwater treatment measure(s) during the reporting period: _________ cubic yards.

How was sediment disposed?
 landfill
 other location on-site as described in and allowed by the maintenance plan
 other, explain ___________________

Page 114 ends

ITEM NO. 5.
50 Los Gatos–Saratoga Road

Page 3 ends

VII. Inspector Information:

The inspections documented in the attached Inspection and Maintenance Checklists were conducted by the following inspector(s):

Inspector Name and Title Inspector’s Employer and Address VIII. Training Of Maintenance Personnel:

All personnel who work on or with the stormwater treatment system must be qualified to do so. For the stormwater pumps, specific qualified personnel must conduct maintenance; for instance, electrical work must be performed by a certified electrician. Operating and maintenance personnel must be trained to work according to local regulations to prevent accidents or general malfunctions.

IX. Certification:

I hereby certify, under penalty of perjury, that the information presented in this report and attachments is true and complete:

Signature of Property Owner or Other Responsible Party Date Type or Print Name
Company Name
Address
Phone number: Email:

Note: This report shall be submitted to Public Works Engineering no later than October 1st for the Fall report and no later than March 15th of the following year for the Winter report.

Page 115 ends

ITEM NO. 5.

Page 1 ends

Bioretention Area Maintenance Plan for
Solana
Project Address and Cross Streets 50 Los Gatos–Saratoga Road____ Assessor’s Parcel No.: 529-24-001, 529-24-003, 529-24-032 Property Owner: Summerhill 50 LGSR LLC Phone No.: (925) 244-8705 Designated Contact: Jared Brotman Phone No.: (650) 380-4373 Mailing Address: 6101 Bollinger Canyon Road, Suite 425 San Ramon, CA 94583 The property contains 5 bioretention area(s), located as described below and as shown in the attached site plan1.

Bioretention Area No. 1 is located in the area between Building’s 2 and 3.

Bioretention Area No. 2 is located in the area between Building’s 27 and 28.

Bioretention Area No. 3 is located in the area West of Building 1.

Bioretention Area No. 4 is located in the area North of Building’s 5 & 6.

Bioretention Area No. 5 is located in the area South of Building 24.

Bioretention Area No. 7 is located on the south side of Los Gatos Saratoga road on the east side of the entrance to this development.

I. Routine Maintenance Activities
The principal maintenance objective is to prevent sediment buildup and clogging, which reduces pollutant removal efficiency and may lead to bioretention area failure. Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1.

Table 1
Routine Maintenance Activities for Bioretention Areas
No. Maintenance Task Frequency of Task
1 Remove obstructions, weeds, debris and trash from
bioretention area and its inlets and outlets; and dispose of properly.

Quarterly, or as needed after storm
events
2 Inspect bioretention area for standing water. If standing water does not drain within 2-3 days, till and replace the surface biotreatment soil with the approved soil mix and replant.

Quarterly, or as needed after storm
events
3 Check underdrains for clogging. Use the cleanout riser to clean any clogged underdrains.

Quarterly, or as needed after storm
events
4 Maintain the irrigation system and ensure that plants are receiving the correct amount of water (if applicable).

Quarterly
5 Ensure that the vegetation is healthy and dense enough to provide filtering and protect soils from erosion. Prune and weed the bioretention area. Remove and/or replace any
dead plants.

Annually, before the wet season
begins
6 Use compost and other natural soil amendments and
fertilizers instead of synthetic fertilizers, especially if the system uses an underdrain.

Annually, before the wet season
begins
7 Check that mulch is at appropriate depth (2 - 3 inches per soil specifications) and replenish as necessary before wet season begins. It is recommended that 2” – 3” of arbor
mulch be reapplied every year.

Annually, before the wet season
begins
1 Attached site plan must match the site plan exhibit to Maintenance Agreement.

Page 116 ends

ITEM NO. 5.

Bioretention Area Maintenance Plan Date of Inspection:

Property Address: Treatment Measure No.:

Page 2 ends

8 Inspect the energy dissipation at the inlet to ensure it is functioning adequately, and that there is no scour of the surface mulch. Remove accumulated sediment.

Annually, before the wet season
begins
9 Inspect overflow pipe to ensure that it can safely convey excess flows to a storm drain. Repair or replace damaged piping.

Quarterly
10 Replace biotreatment soil and mulch, if needed. Check for standing water, structural failure and clogged overflows.

Remove trash and debris. Replace dead plants.

Annually at the end of the rainy
season, and/or after large storm
events
11 Inspect bioretention area using the attached inspection checklist.

Annually, before the wet season
12 Inspect bubble ups to ensure no clogging or obstructions. Annually, before the wet season begins
13 Inspect orifice plate in offsite storm drain catch basin 32 and remove any debris, clogs or built up sediment that
would impede flow through orifice plate. Inspect bolts on orifice plate to ensure proper fit against inside wall of catch basin. Bolts can be removed for easier debirs
removal.

Quarterly, or as needed after storm
events
II. Use of Pesticides
Do not use pesticides or other chemical applications to treat diseased plants, control weeds or removed unwanted growth. Employ non-chemical controls (biological, physical and cultural controls) to treat a pest problem. Prune plants properly and at the appropriate time of year. Provide adequate irrigation for landscape plants. Do not over water.

III. Vector Control
Standing water shall not remain in the treatment measures for more than five days, to prevent mosquito generation. Should any mosquito issues arise, contact the County of Santa Clara Vector Control District (District). Mosquito larvicides shall be applied only when absolutely necessary, as indicated by the District, and then only by a licensed professional or contractor. Contact information for the District is provided below.

County of Santa Clara Vector Control District
1580 Berger Dr.

San José, California 95112
Phone: (408) 918-4770
[email protected]
www.sccvector.org
IV. Inspections
The attached Bioretention Area Inspection and Maintenance Checklist shall be used to conduct inspections quarterly (or as needed), identify needed maintenance, and record maintenance that is conducted.

Page 117 ends

ITEM NO. 5.

Bioretention Area Maintenance Plan - Page 3
Bioretention Area
Inspection and Maintenance Checklist
Property Address: 50 Los Gatos–Saratoga Road Property Owner: Summerhill 50 LGSR LLC Treatment Measure No.: Date of Inspection: Type of Inspection:  Quarterly  Pre-Wet Season  After heavy runoff  End of Wet Season
Inspector(s):  Other:

Defect Conditions When Maintenance Is
Needed
Maintenance
Needed? (Y/N)
Comments (Describe maintenance
completed and if needed maintenance was
not conducted, note when it will be done)
Results Expected When
Maintenance Is Performed

1. Standing Water Water stands in the bioretention area between storms and does not drain
within 2-3 days after rainfall.

There should be no areas of
standing water once storm event
has ceased. Any of the following
may apply: sediment or trash
blockages removed, improved
grade from head to foot of
bioretention area, or added
underdrains.

2. Trash and Debris
Accumulation
Trash and debris accumulated in the
bioretention area, inlet, or outlet.

Trash and debris removed from
bioretention area and disposed of
properly.

3. Sediment Evidence of sedimentation in
bioretention area.

Material removed so that there is no
clogging or blockage. Material is
disposed of properly.

4. Erosion Channels have formed around inlets,
there are areas of bare soil, and/or
other evidence of erosion.

Obstructions and sediment removed
so that water flows freely and
disperses over a wide area.

Obstructions and sediment are
disposed of properly.

5. Vegetation Vegetation is dead, diseased and/or
overgrown.

Vegetation is healthy and attractive
in appearance.

6. Mulch Mulch is missing or patchy in
appearance. Areas of bare earth are
exposed, or mulch layer is less than 2
inches in depth.

All bare earth is covered, except
mulch is kept 6 inches away from
trunks of trees and shrubs. Mulch is
even in appearance, at a depth of 2
– 3 inches.

7. Miscellaneous Any condition not covered above that
needs attention in order for the
bioretention area to function as
designed.

Meets the design specifications.

Page 118 ends

ITEM NO. 5.

Page 1 ends

Stormwater Pump Maintenance Plan for
Solana
Project Address and Cross Streets 50 Los Gatos–Saratoga Road____ Assessor’s Parcel No.: 529-24-001, 529-24-003, 529-24-032 Property Owner: Summerhill 50 LGSR LLC Phone No.: (925) 244-8705 Designated Contact: Jared Brotman Phone No.: (650) 380-4373 Mailing Address: 6101 Bollinger Canyon Road, Suite 425 San Ramon, CA 94583 The property contains 5 stormwater pump(s), located as described below and as shown in the attached site plan1.

Pump 1 is at Bioretention Area No. 1 located in the area between Building’s 2 and 3.

Pump 2 is at Bioretention Area No. 2 located in the area between Building’s 27 and 28.

Pump 3 is at Bioretention Area No. 3 located in the area West of Building 1.

Pump 4 is at Bioretention Area No. 4 located in the area North of Building’s 5 & 6.

Pump 5 is at Bioretention Area No. 1 located in the area West of Building 3.

See attached HOMA Pump Technology Manufacturer’s Installation and Operation Manual for all information including safety practices, installation, maintenance, repairs, shutdowns and troubleshooting. Each of the stormwater pumps is operated via a controller mounted in the immediate vicinity of the pump as indicated on Exhibit B. For specific control panel information refer to the attached Alderon Industries FLEX Power Pak Control Panel document. All pumps will be capable of providing text and email alerts for system conditions using a cell modem. The panel will be connected as long as a Verizon cellular signal is available.
1 Attached site plan must match the site plan exhibit to Maintenance Agreement.

Page 119 ends

ITEM NO. 5.

Stormwater Pumps Maintenance Plan Date of Inspection:

Property Address: Treatment Measure No.:

Page 2 ends

I. Routine Maintenance Activities
The principal maintenance objective is to prevent pump failure which will inhibit the ability for stormwater to be treated. Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1.

Table 1
Routine Maintenance Activities for Stormwater Pump
No. Maintenance Task Frequency of Task
1 Check insulation resistance. Check oil level in seal
chamber. Check that impeller rotates freely by hand.

Consult Pump manufacturer’s maintenance manual.

Before initial startup. At the
beginning of rainy season.
2 Test Alarm and Communication system to ensure proper
functionality.

At beginning of rainy season and
monthly during rainy season.
2 Monitor the amperage and voltage. Check the used
relays for proper operations. Consult Pump
manufacturer’s maintenance manual.

Monthly during rainy season
and/or at least once a year.
3 Visual inspection of the power supply cable, cable
holder, cable bracing and accessories. Consult Pump
manufacturer’s maintenance manual.

Every 6 months, or as needed after
storm event.
4 Check the insulation resistance. Check the lubricant in the seal chamber. Functional inspection of all safety and control devices. Consult Pump manufacturer’s
maintenance manual.

Every 2 years
5 General Overhaul. Consult Pump manufacturer’s
maintenance manual.

Every 5 years
All maintenance, inspection and cleaning work on the machine and the system may only be carried out by trained specialists exercising extreme care in a safe workplace. Proper protective clothing is to be worn. The machine must be disconnected from the electrical supply before any work is carried out. There must be no way it can be inadvertently switched on.

II.

Inspections
The attached Stormwater Pump Inspection and Maintenance Checklist shall be used to conduct inspections monthly (or as needed), identify needed maintenance, and record maintenance that is conducted.

Page 120 ends

ITEM NO. 5.

Stormwater Pump Maintenance Plan - Page 3
Stormwater Pump
Inspection and Maintenance Checklist
Property Address: 50 Los Gatos–Saratoga Road Property Owner: Summerhill 50 LGSR LLCTreatment Measure No.: Date of Inspection: Type of Inspection:  Quarterly  Pre-Wet Season  After heavy runoff  End of Wet Season Inspector(s):  Other:

Defect Conditions When
Maintenance
Is Needed
Maintenance
Needed? (Y/N)
Comments (Describe maintenance
completed and if needed maintenance was not conducted, note when it will be done) Results Expected When Maintenance IsPerformed

1. Power
supply/controller cable damaged
Accumulation of bubbles,
cracks, scratches, chafed or crushed sections.

Pump functions and responds to controller inputs

2. Cable holders or accessory damaged
Excessive wear from hoisting, shifting, securing etc, cables, pumps or associated features.

All accessories and related features operate
under normal circumstances.

3.Old or low oil level
Oil level falls below manufacturer’s recommended minimum level or becomes discolored.

Oil level sufficient and visually appears in clean condition.

4.Miscellaneous Any condition not covered
above that needs attention to restore stormwater pump to design conditions.

Meets the design specifications.

Page 121 ends

ITEM NO. 5.

Installation, Operation, and
Maintenance Manual
TP30-70
Version 11/2021

Page 122 ends

ITEM NO. 5.
02 | ENGLISH
Content

1.2. Preface..............................................................................................................................................................03

1.3. Proper use.........................................................................................................................................................03

1.4. Copyright...........................................................................................................................................................03

1.5. Technical terms..................................................................................................................................................03

2. Safety.................................................................................................................................04

2.1. Instructions and safety information...................................................................................................................04

2.2. General safety...................................................................................................................................................04

2.3. Operating personnel.........................................................................................................................................04

2.4. Electrical work ..................................................................................................................................................04

2.5. Operating procedure.........................................................................................................................................05

2.6. Safety and control devices................................................................................................................................05

2.7. Operation in an explosive atmosphere..............................................................................................................05

2.8. Sound Safety.....................................................................................................................................................05

2.9. Pumped fluids ..................................................................................................................................................06

2.10. Danger due to spark generation .....................................................................................................................06

3. General description ..........................................................................................................06

3.1. Application.........................................................................................................................................................06

3.2. Types of use......................................................................................................................................................06

3.3. Construction .....................................................................................................................................................07

4. Package, Transport, Storage.............................................................................................08

4.1. Delivery .............................................................................................................................................................08

4.2. Transport ...........................................................................................................................................................08

4.3. Storage .............................................................................................................................................................09

4.4. Returning to the supplier .................................................................................................................................09

5. Installation and initial commissioning ........................................................................... 10

5.1. General.............................................................................................................................................................. 10

5.2. Installation ........................................................................................................................................................ 11

5.3. Use of chains....................................................................................................................................................12

5.4. Initial operation .................................................................................................................................................12

5.5. Preparatory work ..............................................................................................................................................12

5.6. Electrical ..........................................................................................................................................................12

5.7. Direction of rotation...........................................................................................................................................14

5.8. Motor protection...............................................................................................................................................14

5.9. Variable Frequency Drives.................................................................................................................................14

5.10. Types of startups.............................................................................................................................................14

6. Maintenance......................................................................................................................15

6.1. General..............................................................................................................................................................15

6.2. Maintenance intervals ......................................................................................................................................15

6.3. Maintenance tasks ...........................................................................................................................................15

6.4. Sealing chamber............................................................................................................................................... 17

7. Repairs ...............................................................................................................................17

7.1. General .............................................................................................................................................................. 17

7.2. Changing the impeller and volute...................................................................................................................... 17

7.3. Spare Parts ........................................................................................................................................................18

8. Shutdown..........................................................................................................................18

8.1. Temporary shutdown.........................................................................................................................................18

8.2. Final shutdown / storage ..................................................................................................................................18

8.3. Restarting after an extended period of storage ................................................................................................18

9. Troubleshooting ................................................................................................................18

10. Connection of pumps and mixers .................................................................................21

Page 123 ends

ITEM NO. 5.

ENGLISH | 03

1.2. Preface
Dear Customer,
Thank you for choosing one of our company’s products.

You have purchased a product which has been manufactured to the latest technical standards. Read this operating and maintenance manual carefully before first use in order to ensure that the product is used safely.

The documentation contains all the necessary specifications for the product, allowing you to use it properly. In addition, you will also find information on how to recognize potential dangers, reduce repair costs and downtime, and increase the reliability and working life of the product.

All safety requirements and specific manufacturer’s requirements must be fulfilled before the product is put into operation. This operating and maintenance manual supplements any existing national regulations on industrial safety and accident prevention. This manual must also be accessible to personnel at all times and also be made available where the product is used.

1.3. Proper use
In the event of improper use, there is a danger to life for the user as well as for third parties. Additionally, the product and/or attachments may be damaged or destroyed. It is important to ensure that the product is only operated in good condition and as intended. To do so, follow the operating instructions.

The pumps can be used in the range specified by the manufacturer, in accordance with the current HOP.SEL version.

Please note that the offered pumps may only be used in
the defined field of application. Operating the pump outside the application range can lead to operational problems or significant damage to the unit.

1.4. Copyright
This operation and maintenance manual has been copyrighted by the manufacturer. This operation and maintenance handbook is intended for use by assembly, operating and maintenance personnel. It contains technical specifications and diagrams which may not be reproduced or distributed, either completely or in part, or used for any other purpose without the expressed consent of the manufacturer.

1.5. Technical terms
Various technical terms are used in this operating and
maintenance manual.

Dry run
The product is running at full speed, however, there is no liquid to be pumped. A dry run is to be strictly avoided. If necessary, a safety device must be installed.
“wet” installation type
This installation type requires the product to be immersed in the pumped fluid. It is completely surrounded by the pumped fluid. Please observe the values for the maximum submersion depth and the minimum water coverage.
“dry” installation type
In this installation type, the product is installed dry, i.e. the pumped fluid is delivered to and discharged via a pipeline system. The product is not immersed in the pumped fluid.

Please note that the surfaces of the product become very hot!
“transportable” installation type
With this installation type the product is equipped with a pedestal. It can be installed and operated at any location.

Please observe the values for the maximum submersion
depth and the minimum water coverage, and remember
that the surfaces of the product become very hot.
“S1” operating mode (continuous operation)
At the rated load, a constant temperature is reached that does not increase even in prolonged operation. The operating equipment can operate uninterruptedly at the rated load without exceeding the maximum permissible temperature.

Operating mode “S3” (intermittent operation):

For this operating mode, after the abbreviation, the percent duty cycle is displayed, as well as the cycle duration if it is greater than 10 minutes. For example S3 40% means the pump can operate continuously for 40% (24 minutes)
of one hour, and must then pause for 36 minutes.

Low Level Lockout
The low level lockout is designed to automatically shut down the product if the water level falls below the minimum water coverage value of the product. This is made possible by installing a float switch.

Level control
The level control is designed to switch the product on or off depending on the water level. This is made possible by installing a float switch.

Page 124 ends

ITEM NO. 5.
04 | ENGLISH

2. Safety
This chapter lists all the generally applicable safety instructions and technical information. Additionally, other chapters contain specific safety instructions and technical information. All instructions and information must be observed and followed during the various phases of the
product‘s lifecycle (installation, operation, maintenance, transport etc.). The operator is responsible for ensuring that personnel follow these instructions and guidelines.

2.1. Instructions and safety information
This manual uses instructions and safety information for preventing injury and damage to property.

To make this clear for the personnel, the instructions and safety information are distinguished as follows:

Each safety instruction begins with one of the following signal words:

Danger: Serious or fatal injuries can occur!
Warning: Serious injuries can occur!
Caution: Injuries can occur!
Caution (Instruction without symbol): Serious damage
to property can occur, including irreparable damage!
Safety instructions begin with a signal word and description of the hazard, followed by the hazard source and potential consequences, and end with information on
preventing it.

2.2. General safety
• Never work alone when installing or removing the
product.
• The machine must always be switched off before
any work is performed on it (assembly, dismantling,
maintenance, installation). The machine must be disconnected from the electrical system and secured against being switched on again. All rotating parts
must be at a standstill.
• The operator should inform his/her superior immediately should any defects or irregularities occur. • It is of vital importance that the system is shut down immediately by the operator if any problems arise
which may endanger safety of personnel. Problems
of this kind include:
• Failure of the safety and/or control devices
• Damage to critical parts
• Damage to electric installations, cables and
insulation.
• Tools and other objects should be kept in a place
reserved for them so that they can be found quickly.
• Sufficient ventilation must be provided in enclosed
rooms.
• When welding or working with electronic devices, ensure that there is no danger of explosion. • Only use fastening devices which are legally defined
as such and officially approved.
• The fastening devices should be suitable for the
conditions of use (weather, hooking system, load,
etc). If these are separated from the machine after
use, they should be expressly marked as fastening
devices. Otherwise they should be carefully stored.
• Mobile working equipment for lifting loads should
be used in a manner that ensures the stability of the
working apparatus during operation.
• When using mobile working equipment for lifting
non guided loads, measures should be taken to avoid
tipping and sliding etc.
• Measures should be taken that no person is ever
directly beneath a suspended load. Furthermore,
it is also prohibited to move suspended loads over
workplaces where people are present.
• If mobile working equipment is used for lifting loads, a second person should be present to coordinate the
procedure if needed (for example if the operator‘s
field of vision is blocked).
• The load to be lifted must be transported in such a
manner that nobody can be injured in the case of
a power cut. Additionally, when working outdoors,
such procedures must be interrupted immediately if
weather conditions worsen.

These instructions must be strictly observed.

Non-observance can result in injury or serious
damage to property. This product may contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
www.p65warnings.ca.gov
Ces instructions doivent être strictement respectées.

Le non-respect de cette consigne peut entraîner des
blessures ou des dommages matériels importants.

Ce produit peut contenir des produits chimiques connus dans l‘État de Californie pour provoquer des cancers et des malformations congénitales ou d‘autres problèmes de reproduction.
www.p65warnings.ca.gov

2.3. Operating personnel
All personnel who work on or with the product must be
qualified for such work; electrical work, for example may only be carried out by a qualified electrician. The entire personnel must be of age.

Operating and maintenance personnel must also work according to local accident prevention regulations. It must be ensured that personnel have read and understood the
instructions in this operating and Maintenance handbook; if necessary this manual must be ordered from the manufacturer in the required language.

2.4. Electrical work
Our electrical products are operated with alternating or industrial high-voltage current. The local regulations (e.g. 2017 NEC) must be adhered to.

The technical specifications must be strictly adhered to. If the machine has been switched off by a protective device, it must not be switched on again until the error has been corrected.

Beware of electrical current!
Incorrectly performed electrical work can result in
fatal injury! This work may only be carried out by a
qualified electrician.

Page 125 ends

ITEM NO. 5.

ENGLISH | 05
Attention au courant électrique !
Des travaux électriques incorrectement effectués
peuvent entraîner des blessures mortelles ! Ce travail
ne doit être effectué que par un électricien qualifié.

Beware of Moisture!
Moisture penetrating into cables can damage them
and render them useless. Additionally, water can
penetrate into the terminal compartment or motor
and cause damage to the terminals or the winding.

Never immerse cable ends in the pumped fluid or
other liquids.

Attention à l‘humidité !
L‘humidité qui pénètre dans les câbles peut les endommager et les rendre inutilisables. De plus, l‘eau peut pénétrer dans le compartiment des bornes ou
dans le moteur et endommager les bornes ou le bobinage. Ne jamais immerger les extrémités des câbles dans le fluide pompé ou dans d‘autres liquides.

2.4.1. Electrical connection
When the machine is connected to the electrical control panel, especially when electronic devices such as soft
startup control or frequency drives are used, the relay manufacturer‘s specifications must be followed in order to conform to EMC. Special separate shielding measures
e.g. special cables may be necessary for the power supply and control cables.

The connections may only be made if the equipment
meets NEC standards. Mobile radio equipment may cause
malfunctions.

Beware of electromagnetic radiation!
Electromagnetic radiation can pose a fatal risk for
people with pacemakers. Put up appropriate signs
and make sure anyone affected is aware of the
danger.

Attention aux rayonnements électromagnétiques !
Les rayonnements électromagnétiques peuvent constituer un risque mortel pour les personnes portant un stimulateur cardiaque. Placez des panneaux appropriés et assurez-vous que toute personne concernée est consciente du danger.

2.4.2. Ground connection
Our products (machine including protective devices and
operating position, auxiliary hoisting gear) must always be grounded. If there is a possibility that people can come into contact with the machine and the pumped liquid (e.g. at construction sites), the grounded connection must be additionally equipped with a fault current protection device. The electrical motors conform to motor protection class IP 68 in accordance with the valid norms.

2.5. Operating procedure
When operating the product, always follow the locally
applicable laws and regulations for work safety, accident prevention and handling electrical machinery. To help to ensure safe working practice, the responsibilities of employees should be clearly set out by the owner. All personnel are responsible for ensuring that regulations are observed.

Certain parts such as the rotor and impeller rotate during operation in order to pump the fluid. Certain materials can cause very sharp edges on these parts.

Beware of rotating parts!
The moving parts can crush and sever limbs. Never
reach into the pump unit or the moving parts during
operation. Switch off the machine and let the moving
parts come to a rest before maintenance or repair
work!
Attention aux pièces en rotation !
Les pièces mobiles peuvent écraser et trancher des
membres. Ne jamais mettre les mains dans l‘unité
de pompage ou dans les parties mobiles pendant le
fonctionnement. Avant toute opération d‘entretien
ou de réparation, éteignez la machine et laissez les
pièces mobiles s‘arrêter !

2.6. Safety and control devices
Our products are equipped with various safety and control devices. These include, for example, moisture sensors and temperature sensors. These devices must never be
dismantled or disabled. Equipment such as thermo sensors, float switches, etc. must be checked by an electrician for proper functioning before start-up (see the “Electrical Connection” data sheet). Please remember
equipment such as PT100 temperature monitors or float
switches require the use of a HOMA GO switch for connection. Please contact your HOMA distributor for information.Personnel must be informed of the installations used and how they work.

Caution!
Never operate the machine if the safety and monitoring devices have been removed or damage, or if they do not work.

Mise en garde!
Ne jamais utiliser la machine si les dispositifs de
sécurité et de contrôle ont été retirés ou endommagés, ou s‘ils ne fonctionnent pas.

2.7. Operation in an explosive atmosphere
Products marked as FM approved for suitable operation in in an explosive atmosphere, are designed for Class I, Division 1, Groups C and D and Temperature class T4. The permitted ambient temperature is between -4°F and 104°F.

The enclosure’s protection class is IP68. The products
must meet certain guidelines for this type of use. Certain rules of conduct and guidelines must be adhered to by
the operator as well. Products that have been approved
for operation in an explosive atmosphere are marked as
explosion-proof rated by FM. In addition, an “FM” symbol must be included on the name plate!

2.8. Sound Safety
Depending on the size and capacity (kW), the products
produce a sound pressure of up to110 dB. The actual
sound pressure, however, depends on several factors.

These include, for example, the installation type (wet, dry, transportable), fastening of accessories (e.g. suspension unit) and pipeline, operating site, immersion depth, etc.

Once the product has been installed, we recommend that

Page 126 ends

ITEM NO. 5.
06 | ENGLISH

3. General description

3.1. Application
Pump is suitable for pumping drainage water, effluents
and surface water. The pumps are used for installations in public and private sector, building trades, and industry.

The pumps can convey abrasive medium as surface water. For highly abrasive content, such as concrete-gravel and sand in the medium, it is necessary to protect the impeller and pump housing against excessive abrasion or to shorten the maintenance interval. Before the pumping of chemically aggressive liquids, the resistance of the pump materials must be checked.

The pumps are available in high quality materials of all components (Stainless steel).

The machine must be submerged in pumped liquid at
least up to the top edge of the motor housing.

The temperature of the pumped medium may be up to
104°F or up to 140°F for a short period. The maximum density of the medium is 0.03757 lbs/in³ and the pH may be from 6 – 11.

Stainless steel variants can be used at a pH of 4 - 14.

However, the pH alone only serves as a guideline. Consult factory for assistance with chemically aggressive liquids.

Depending on the composition, it may be necessary to
use special sealing materials.

3.2. Types of use
The motors are designed for continuous operation (S1),
maximum 15 starts per hour. The hydraulic is designed for permanent operation, e.g. supply of industrial water.
the operator make additional measurements under all operating conditions.

Caution: Wear ear protectors!
In accordance with the laws in effect, guidelines,
standards and regulations, ear protection must be
worn if the sound pressure is greater than 85 dB (A)!
The operator is responsible for ensuring that this is
observed!
Mise en garde : Portez des protecteurs auditifs !
Conformément aux lois en vigueur, aux directives,
aux normes et aux règlements, le port de protecteurs
d‘oreilles est obligatoire si la pression acoustique est supérieure à 85 dB (A) ! L‘opérateur est responsable
du respect de cette consigne !

2.9. Pumped fluids
Each pumped fluid differs in regard to composition, corrosiveness, abrasiveness, TS content and many other aspects. Generally, our products can be used for many
applications. For more precise details, see chapter 3, the machine data sheet and the order confirmation. It should be remembered that if the density, viscosity or the general composition change, this can also alter many parameters of the product. Different materials and impeller shapes are required for different pumped fluids. The more exact your specifications on your order, the more exactly we can modify our product to meet your requirements.

If the area of application and/or the pumped fluid change, we will be happy to offer supportive advice.

When switching the product into another pumped fluid,
observe the following points:
• Products which have been operated in sewage or
waste water must be thoroughly cleaned with pure
water or drinking water before use.
• Products which have pumped fluids which are hazardous to health must always be decontaminated before changing to a new fluid. Also clarify whether the product may be used in a different pumped fluid.
• With products which have been operated with a
lubricant or cooling fluid (such as oil), this can escape into the pumped fluid if the mechanical shaft seal is
defective.

Danger - explosive fluids!
It is absolutely prohibited to pump explosive liquids
(e.g. gasoline, kerosene, etc.). The products are not
designed for these liquids!
Danger - fluides explosifs !
Il est absolument interdit de pomper des liquides
explosifs (par exemple, de l‘essence, du kérosène,
etc.). Les produits ne sont pas conçus pour ces liquides !

2.10. Danger due to spark generation
Mechanically generated sparks can ignite flammable gases and condensates. According to EN1127-1 Para.6.4.4, sparks must also be excluded for category 2 in normal
operation. In normal operation no spark generation is possible due to fluid covering (medium covering of the pump hydraulic).

The ingress or suction of foreign bodies (stones, pieces of metal, etc.) through the suction nozzles into the pump hydraulic is not possible in an expected case of malfunction in which the enclosure fails as the pump cannot suck up pumping medium nor its containing solids. In the ventilated shaft, the explosion-protected submersible motor pumps are drained via a drain system with two guide
tubes of galvanized steel, between their guide claws of grey cast iron that guide into the automatic coupling arrangement. The guide velocity, with max 0.1 m/s (10cm/s) is so low that no sparks can be generated even in the
most disadvantaged conditions. In the first installation, the guide claws of the drain arrangement should be lubricated with ball bearing grease in order to suppress heat and spark generation in the most disadvantaged case.

Page 127 ends

ITEM NO. 5.

ENGLISH | 07

3.3. Construction
The major pump components consist of the motor housing, volute, and impeller.




No. Description
1 Handle
2 Name plate
3 Pump housing
4 Suction piece
5 Discharge
6 Cable entry
7 Motor housing

3.3.1. Type label

  

 
  

 



a
Thermally protected! See manual for cord replacement!
Do not remove covers while circuits are alive!

APPROVED
21 Flow max.:

Pump: Sn:

Cont. Duty: 40° C amb.

Hmax: ft Hmin: ft lbs
gpm
rpm
Motor:

HP
Ins. cl.:

Hz
U: V
cos φ:

A ~ P:

Nema code:

Wiring Diagram:

Cl.I,DIV.1,GR.CD
I:

Date:

IP 68
Operating Mode:

No. Description
a Pump name
b Serial number
c Flow max
d Hmax (Head max)
e Hmin (Head min)
f Submersion depth
g Weight
h Motor name
i Date of manufacture
j Voltage
k Motor Power
l Nominal current
m Frequency
m a Phase
n Motor speed
o Cos phi
p tTemperature class
q Nema Code Letter
r Wiring diagram
s Insulation class
t Operating mode
21 Comments

3.3.2. Motor
The pump motor consists of the stator and shaft with
impeller assembly. The cable for the power supply is designed for maximum mechanical performance in accordance with the characteristic or pump name plate. Both the cable entries and the line are water-pressure tight to the depth provided on the name plate. The shaft bearing assembly is supported via robust, maintenance-free and
permanently lubricated roller bearings.

All motors can also be delivered in an explosion-proof version in accordance with FM Class I, Division 1, Groups C & D.

General motor data
Service factor 1.15
Operating mode S1
Max. liquid temperature 35°C / 95°F
Insulation class H (180°C / 356°F)
Degree of protection IP68
Cable length 32 ft
Rotor shaft seal Silicon-carbide / Silicon-carbide
Mechanical shaft seal Silicon-carbide / Silicon-carbide Bearing One grooved ball bearing (above),
double-row type angular ball
bearing (below)

3.3.3. Monitoring Equipment
The unit is equipped with various types of monitoring-safety equipment. The following table shows an overview of the options available. The options may vary depending on the size of the pressure outlet.

Page 128 ends

ITEM NO. 5.
08 | ENGLISH
Motortyp Motorversion
.../C Temperature monitoring in the winding, Oil
chamber seal conditions sensor
...FM Temperature monitoring in the winding,
Explosion proof
Temperature Sensor
All pumps are equipped with a temperature sensor
assembly in each motor winding.

In standard pumps, the connections for the temperature
sensor are fed via the power cable to the outside and are to be connected in the electric control box using the T1 and T3 power cable endings in such a way that the motor automatically restarts after it has cooled down. Instead of the standard sensor, the explosion-proof versions are equipped with a temperature sensor assembly that has a
higher activation temperature. This is to be connected via the power cable endings T1 and T2 in such a way that after activation, a manual reset in the switchgear is necessary using a special contactor combination The temperature
sensor assembly must be connected in the switching
cabinet so that it switches off when it overheats.

Switch-off temperature of the sensors:

Motor Frame Stator Winding T1+T3
Regulator
Stator Winding FM
T1+T2 Limiter
C 140 140
D 150 140
Seal monitoring for non-jacketed pumps:

In case of a leak in the lower shaft seal, water enters the oil chamber and changes the resistance of the oil. The conductivity of the oil is monitored via 2 sensors. The sensors are to be connected via one cable to ground, or 2 cables (consult wiring diagram) from the pump connection cable in the junction box to an evaluation instrument galvanically separated from the probe circuit. The response sensitivity should be adjustable from 0-100 kΩ, the standard setting being 50 kΩ.

3.3.4. Sealing / Seal Housing
Sealing is accomplished by two silicon carbide mechanical seals in a tandem arrangement, acting independently from each other. The seal housing is situated between the motor and the pump housing. It consists of the bearing
housing and the pressure cover, which together form the sealing cavity containing white mineral oil. Oil condition may be monitored using the inspection plug on the bearing housing and optional electronic monitoring.

3.3.5. Volute
The pump may be equipped with a stationary wear ring
which can be found in the intake port.This wear ring determines the gap between the impeller and the intake port. If this gap is too big, the performance of the pump decreases and it can lead to blockages. The rings can be replaced due to wear. Discharge connections for TP30 & TP49 models are 2” Male Metric Straight Thread, an adapter (available as standard) is required to connect to NPT fittings.

TP50 models have both 2 ½” Male Metric Straight Thread, and 2” Female NPT connections.

TP53 & TP70 models have 3” Male Metric Straight Thread
connections, and require an adapter (available as standard) to connect to NPT fittings.

3.3.6 Impeller
M: Enclosed single channel impeller, for liquids containing impurities and sludge with solid particles or long fibres.

V: Vortex impeller, for liquids containing a high level of impurities or fibrous matter and containing gas.

4. Package, Transport, Storage

4.1. Delivery
On arrival, the delivered items must be inspected for damage and a check made that all parts are present. If any parts are damaged or missing, the transport company or
the manufacturer must be informed on the day of delivery.

Any claim made at a later date will be deemed invalid.

Damage to parts must be noted on the delivery or freight documentation.

4.2. Transport
Only the appropriate and approved fastening devices,
transportation means and lifting equipment may be used.

These must have sufficient load bearing capacity to ensure that the product can be transported safety. If chains are used they must be secured against slipping.

The personnel must be qualified for the tasks and must
follow all applicable national safety regulations during the work. The product is delivered by the manufacturer/shipping agency in suitable packaging. This normally precludes the possibility of damage occurring during transport and storage.

Never lift the pump by its power cable!
Ne jamais soulever la pompe par son câble d‘alimentation !

Page 129 ends

ITEM NO. 5.

ENGLISH | 09

4.3. Storage
Newly supplied products are prepared that they can be
stored for 1 year. The product should be cleaned thoroughly before interim storage.

The following should be taken into consideration for
storage:
• Place the product on a firm surface and secure
it against falling over. Submersible mixers and auxiliary lifting devices should be stored horizontally, submersible sewage pumps and submersible motor
pumps should be stored horizontally or vertically. It
should be ensured that they cannot bend if stored
horizontally.

Falling Hazard!
Never leave the pump unsecured!
Risque de chute !
Ne jamais laisser la pompe sans surveillance !
• The product has to be stored in a place free from
vibrations and agitation to avoid damage to the ball
bearings.
• The device should be stored in a dry place without temperature fluctuation. • The product may not be stored in rooms where
welding work is conducted as the resulting gases and
radiation can damage the elastomer parts and coatings. • Be careful to not remove or damage the corrosion resistant coatings. • Any suction or pressure connections on products
should be closed tightly before storage to prevent impurities. • The power supply cables should be protected
against kinking, damage and moisture.
• The cable will wick water into the pump if it is
not protected properly. Power cable lead should be
covered with shrink tubing or suitable sealing material during storage.

Beware of electrical current!
Damaged power supply cables can cause fatal injury! Defective cables must be replaced by a qualified electrician immediately.

Attention au courant électrique !
Des câbles d’alimentation endommagés peuvent
provoquer des blessures mortelles ! Les câbles défectueux doivent être remplacés immédiatement par un électricien qualifié.

Beware of moisture!
Moisture penetrating cables can damage them and
render them useless. Therefore, never immerse cable ends in the pumped fluid or other liquids.

Attention à l’humidité !
L’humidité qui pénètre dans les câbles peut les endommager et les rendre inutilisables. Par conséquent, ne jamais immerger les extrémités des câbles dans
le fluide pompé ou dans d’autres liquides
• The machine must be protected from direct sunlight, heat, dust, and frost. Heat and frost can cause considerable damage to impellers, rotors and coatings. • The impeller must be turned at monthly intervals.

This prevents the bearing from locking and the film
of lubricant on the mechanical shaft seal is renewed.

This also prevents the gear pinions (if present on the
product) from becoming fixed as they turn and also
renews the lubricating film on the gear pinions (preventing rust film deposits).

Beware of sharp edges!
Sharp edges can form on rotors and impellers.

There is a risk of injuries. Wear protective gloves.

Attention aux bords tranchants !
Les bords tranchants peuvent se former sur les rotors et les turbines. Il y a un risque de blessures. Porter des gants de protection. • If the product has been stored for longer than six
month it should be cleaned of impurities such as dust
and oil deposits before start-up. Rotors and impellers
should be checked for smooth running, housing coating and damage. • After remaining in storage for longer than one
year, it is necessary to change the oil in the seal
chamber. This is necessary even if the pump has never been run, due to natural deterioration of mineral oil.

Before start-up, the filling levels (oil, cooling fluid etc.) of the individual products should be checked and
topped up if required. Please refer to the machine data sheet for specifications on filling. Damaged coatings
should be repaired immediately. Only a coating that
is completely intact fulfils the criteria for intended
usage!
If these rules are observed, your product can be stored for a longer period. Please remember that elastomer parts and coatings become brittle naturally. If the product is to be stored for longer than 6 months, we recommend
checking these parts and replacing them as necessary.

Please consult the manufacturer.

4.4. Returning to the supplier
Products which are delivered to the plant must be clean and correctly packaged. In this context, clean means
that impurities have been removed and decontaminated if it has been used with materials which are hazardous to health. The packaging must protect the product against damage. Please contact the manufacturer before
returning!

Page 130 ends

ITEM NO. 5.
10 | ENGLISH

5. Installation and initial commissioning

5.1. General
To avoid damage to the lifting unit during installation and operation, the following points must be observed:
• The installation work must be performed by qualified
personnel, in compliance with safety regulations.
• The pump must be inspected for damage prior to installation. • For level controls, pay attention to the minimum water coverage. • Air bubbles in the volute and pipework must be avoided (by suitable ventilation devices or a slight incline of the pump).
• Protect the pump from frost.
• The lifting device must have a maximum load capacity which is greater than the weight of the pump with attachments and cable.
• The power lines of the pump must be laid in such a
way, that a safe operation and easy assembly/disassembly is ensured. • The power lines must be fixed properly in the operating room to prevent the cable from hanging loosely.

Depending on the cable length and weight, a cable
holder must be attached every 2-3 m.
• The foundation/structure must have sufficient
strength for secure and functionally correct fastening
of the pump. The operator is responsible for this.
• Verify low level lockout is functioning.
• Use baffles for the inlet. This prevents air entry into the pumping medium, which can lead to unfavorable
operating conditions and result in increased wear.
• Do not install more than one check valve into any piping system or problems will occur.




No. Description
1 Pipe
2 Coupling system
3 Wet well
4 Inlet
5 Baffle plate
6 min. liquid level
7 Pump
External Seal Probe Installation Procedure
If provided, Mechanical Seal Leak Detection probe has
been shipped loose to protect from shipping damage.

Please follow this procedure to install the probe.
1) Lay pump on its side with the plug on the seal
chamber facing upwards as indicated.
2) Unscrew the plug with the proper wrench, taking
care not to damage the sealing surface.
3) Verify that seal chamber oil level is within ¼”
of the indicated value. Measurement is from oil
level to the top of hole. See IOM Manual for seal
chamber oil volume, if required.
4) Remove the new sealing gasket from package and
install it onto the seal probe plug.
5) Install the seal probe with gasket into the opening, taking care not to damage the cable. Then tighten
the seal probe with the proper wrench until snug.

Do not overtighten. Once tight, verify the seal
gasket is properly seated and the cable is not
pinched or twisted.

NOTE: At installation of the seal probe be careful
not to bind the seal probe cord as it is being
installed into the pump.
6) Lift pump into a vertical position and inspect for
any leaks.
7) Secure seal probe cable to pump body and power
cable with tyraps before installing pump.

Page 131 ends

ITEM NO. 5.

ENGLISH | 11

5.2. Installation
Risk of falling!
When installing the pump and accessories, work is
carried out directly on the water’s edge! Carelessness or wearing the wrong shoes can lead to falling.

This is life threatening! Take all safety precautions to prevent this.

Risque de chute !
Lors de l’installation de la pompe et des accessoires,
les travaux sont effectués directement au bord
de l’eau ! La négligence ou le port de mauvaises
chaussures peuvent entraîner une chute. Ceci pose
un danger de mort ! Prenez toutes les précautions de
sécurité pour éviter cela.

Torque Values:

PUMP MODEL Mounting
Bolts
Anchors
Bolts
Anchors
TORQUE
AUTOCOUPLING N/A 4
M16 51 Nm / 38 ft lb
RING STAND 4 N/A 5 Nm / 4 ft lb
Notes:

1. Standard anchors are plated steel.

2. Autocoupling systems include qty. 4 M12
anchors for the upper bracket. Torque to 51 Nm
/ 38 ft lb.

3. Anchor bolt holes should be drilled to the actual
diameter of the anchor (M12 anchor requires
12mm diameter hole).

Submerged installation on ring stand
Attach the ring stand (available as an accessory) with
screws to the pump suction nozzle. Mount 90° connection-elbow or connection loop to the dischargeof the pump, and mount discharge line. Gate valves and check
valves may need to be installed in accordance with local regulations. The discharge line must be fitted free of tension, when using a hose, ensure it is laid kink-free. Secure the pump by the handle with a cable or chain, and lower it into the pumping medium. Properly position power cable
and chain so they stay above the pump and cannot enter
the pump suction.

Wet well installation with automatic coupling system
The following instructions apply to the installation of the original HOMA Autocoupling system:
• Determine the approximate position of the position
of the base elbow and the upper pipe bracket for the
guide tubes, using a plumb bob where necessary.
• Check the correct installation dimensions of the
pump(s) (see dimensional drawings in the appendix).
• Drill mounting holes for the guide rail bracket on the inside edge of the shaft opening. If this is not possible due to the space available, the guide rail bracket can also be mounted in an offset position with a 90°
folded plate on the underside of the shaft cover. Provisionally fasten the guide rail bracket with 2 screws. • Align the base elbow to the shaft floor, use a plumb
bob from the pipe bracket - the guide tubes must be
exactly perpendicular! Fasten the base elbow to the
wet well floor using anchor bolts. Ensure that the
base elbow is exactly horizontal! If the wet well floor is uneven, support the bearing surface accordingly.
• Mount the pressure pipes with fittings free of tension according to the usual mounting principles.
• Insert both guide rails into the eyelets on the base
elbow and cut to size according to the position of the
guide rail bracket. Partially unscrew the guide rails
bracket, insert them into the guide rails and fasten
the bracket. The guide rails must be positioned with
no play at all, otherwise vibration will occur during operation of the pump. • Clean the wet well of any solid material (debris,
stones, etc.) before commissioning.
• Mount the guide claw on the pump discharge (thread
or flange connection). Ensure that the rubber profile
gasket is correctly seated in position in the guide claw (as a seal against the coupling base), so that it will not fall out when lowering the pump. See graphic below
• Attach the chain to the pump handle or lifting lugs.

Insert the pump with the guide rails in the guide claw
ears. Lower the pump into the wet well. If the pump
is seated on the base elbow, it automatically seals itself off to the pressure line and is ready for operation. • Hang the end of the retrieval chain from a hook at the wet well opening.
• Hang the motor connection cable of the pump in the
shaft at an appropriate length, with strain relief. Make sure that the cables can not be bent or damaged.

Page 132 ends

ITEM NO. 5.
12 | ENGLISH

5.3. Use of chains
Chains are used to lower a pump in the operating space
or to pull it out. They are not intended to secure a floating pump. Intended use is as follows:
• Fasten one end of the chain on the handle of the
pump provided for this purpose. If your pump has
two ring bolts as an attachment point, you must use
a double-strand chain. When doing so, the angle of
inclination of the chain strands must be between 0°
and 45°.
• Attach the other end to the lifting device.
• Ensure tension on the chain, and then lift the pump in a slow and controlled manner.
• Gently lower the pump into operating space and lower it gently. • Lower the pump to the operating point and make
sure that the pump has a secure footing or the coupling system is engaged correctly. • Remove the chain from the lifting device and secure it to the safety chain, which is located at the top of the operating room. This ensures that the chain can not
fall into the well and constitute a danger to anyone.

Please note the following diagrams during installation.

No. Description
1 Chain guard
2 Chain
3 Handle
4 Pump

5.4. Initial operation
This chapter contains all the important instructions for operating personnel for the safe commissioning and operation of the machine. The following information must be strictly adhered to and checked:
• Type of installation
• Operating mode
• Minimum/max water coverage. Immersion depth
After a long downtime, these specifications are also
to be checked and any defects are to be rectified! The
operation and maintenance manual must always be
kept with the machine, or be kept in a designated place where it is always accessible for all of the operating
personnel.

To avoid injury to persons or damage during operation of the machine, the following points must be observed:
• The initial operation may only be carried out by qualified and trained personnel accompanied by an authorized HOMA representative following the safety instructions.
• All staff working on the machine must receive, read,
and understand the instructions.
• Activate all safety devices and emergency stop
switches before initial operation.
• Electrical and mechanical adjustments may only be
performed by professionals.
• This machine is only suitable for use at the specified operating conditions.

5.5. Preparatory work
This pump has been designed so that it will operate reliably and for long periods under normal operating conditions. This requires, however, that you comply with all advice and instructions. Please check the following points:
• Cable routing - no loops, slightly taut
• Liquid temperature and immersion depth check - see
machine data sheet
• If a hose is used on the discharge side, it should be flushed before use with fresh water so that no deposits cause blockages • For wet installation, the wet well must be cleaned
• The pressure and suction side pipe systems are to be
clean and all valves are to be opened.
• Check the accessories, pipe system and suspension
unit for firm and correct fit
• Review the present level control.
• An isolation test and a level control must be carried out before commissioning.

5.6. Electrical
When installing and selecting electrical lines and when connecting the motor, the relevant local and NEC regulations must be observed. The motor must be protected by a motor protection circuit breaker. Connect the motor per the wiring diagram. Pay attention to the direction of rotation! If rotation is in the wrong direction, the machine will not perform to specifications,and can be damaged under
adverse circumstances.

Check the operating voltage, and ensure there is uniform power consumption by all phases in accordance with the
machine data sheet.

Make sure that all temperature sensors and monitoring
devices, e.g. seal chamber probe, are connected and tested for function.

Page 133 ends

ITEM NO. 5.

ENGLISH | 13
Risk of electrocution!
Improper use of electricity can be fatal! All pumps
with exposed cable ends must be connected by a
qualified electrician.

Risque d’électrocution !
Une mauvaise utilisation de l’électricité peut être fatale ! Toutes les pompes dont les extrémités de câble sont exposées doivent être raccordées par un électricien qualifié.

All electrical work shall be carried out under the supervision of an authorized, licensed electrician. The present state adopted edition of the National Electrical Code as well as all local codes and regulations shall be complied with.

5.6.1 Verification of power supply
Prior to making any electrical connections or applying power to the pump, compare the power supply available at the pump station to the data on the unit‘s nameplate. Confirm that both voltage and phase match between pump and
control panel.

5.6.2 Power lead wiring
Please refer to wiring diagram in the appendix for specific connection details.

The pump must be connected electrically through a motor starter with proper circuit breaker protection in order to validate warranty. Do not splice cables.

5.6.3 Thermal switch wiring
Pumps are equipped with thermal switches embedded
in the stator windings which are normally closed, automatically resetting switches. Switches will open when the internal temperature rises above the design temperature, and will close when the temperature returns to normal.

Thermal switches must be wired to a current regulated
control circuit in accordance with the NEC. Identify thermal switch leads marked T1 and T2 in the power cable.

The resistance across the leads will be 0.5 Ohms. Thermal leads must be connected to the thermal overload relay
located in the control panel. Thermal switch leads must be connected to validate warranty.

Note: All sizes of Class 1, Div. 1 pumps for hazardous
service must have thermal switch leads connected to
a current regulated control circuit in accordance with
NEC.

5.6.4 Seal probe wiring
The mechanical seal leak detector probe utilized in the pump is a conductive probe which is normally open. The
intrusion of water into the seal chamber completes the
electrical circuit. Control panel provisions will sense this circuit closure, and will provide indication or alarm functions depending on the panel design.

Either single or dual wire systems may be provided. Single wire systems utilize one energizing conductor, and the pump casing and neutral lead as the ground or return portion of the circuit. The dual wire systems utilize two separate conductors for each leg of the circuit.

With either system, the seal probe leads must be wired
into a control circuit provided in the control panel. This control circuit must energize the probe with a regulated power source, and sense the closed circuit in event of water intrusion Indication and alarm functions must also be provided in the control circuit. Please see control panel wiring diagram for seal probe connection points.

For Hazardous Area Classification Pumps, leak detector circuit must be in conformance with applicable NEC codes and regulations.

Pour les pompes classées en zone dangereuse, le
circuit du détecteur de fuites doit être conforme aux
codes et réglementations NEC applicables.

5.6.5 Start / Run Capacitors and Relays
All single phase motors require start and run capacitors along with a start relay to operate. Capacitors and relays must be sized for the specific motor. Capacitors are sized based on ideal conditions. The run capacitor may need to be resized to match the available field voltage. Each cap kit shipped is supplied with a wiring diagram and start up procedure.

5.6.6 Single Phase Pump Start-Up Procedure
Run Capacitor sizing can vary depending on the incoming supply voltage provided. HOMA Single Phase pumps are
provided with Start and Run Capacitor(s) sized for 220- 230V under load. Frequently, the available line voltage is considerable different than indicated, and the Run capacitor(s) may need to be resized to match the available field voltage. The following procedure will allow you to verify proper operation of your single phase pump, and/or make necessary changes to you capacitors to correct for your power supply. After verifying wiring is in accordance with your pump requirements, start pump and record the following readings from each of the (3) pump cable leads.

Current under load:

U1________Amps>U2________Amps>Z2_______Amps
Should be (highest rating) (middle rating) (lowest rating) Lead U1 (common) should have the highest current reading. Lead Z2 (start) should have the lowest reading.

If Z2 current draw is greater than the current draw of either U1 or U2, a smaller size Run capacitor (lower microfarad rating) is required to correct the condition. Example:

If a 60 µf Run capacitor was supplied, change to a 50 µf Run capacitor and check current readings. Typically, only one step down in capacitor size is required, but in certain instances 2 steps may be required.
( ) The standard capacitor kit provided includes:
__µf start capacitor
__µf run capacitor.
( ) Additional run capacitors have been included for use in tuning the pump to match available line voltages for optimum performance. __µf run capacitor
__µf run capacitor
__µf run capacitor

Page 134 ends

ITEM NO. 5.
14 | ENGLISH
This form is provided for your use in optimizing the performance and service life of your single phase pumps, and is applicable to most Capacitor Start/Capacitor Run motors.

Please contact our customer service with any questions
or if you require any additional information or assistance.

5.7. Direction of rotation
Rotation Direction Check
All pumps have the proper rotation direction when connected to a clockwise field of rotation (U, V, W -> L1, L2, L3). If the pump rotation is backwards, swap two leads
and reconnect. For smaller pumps, the check can be done by observing the pump’s movement while starting. To do
this, set the pump lightly on the ground in a perpendicular fashion and switch it on briefly. When observing from above, the pump itself moves slightly in a counter-clockwise direction when rotating in the right direction.

The correct direction of rotation of the pump is achieved once the pump moves counter-clockwise, since when
viewed from above, the motor starts in a clockwise direction.

For large pumps, the direction can also be determined by looking through the pump discharge into the volute. Briefly run the motor in order to verify it is running clockwise.

Caution – Rotating Impeller!
Do not touch the rotating impeller or reach into the
volute through the pressure outlets!
Never reach into the volute or touch any rotating
parts during operation. Switch the machine off and
wait until all rotating parts have come to a stop prior to carrying out maintenance and repair work!
Attention - Turbine en rotation !
Ne pas toucher la turbine en rotation ni pénétrer
dans la volute par les orifices de pression !
Ne jamais mettre la main dans la volute ou toucher
les pièces en rotation pendant le fonctionnement.

Mettre la machine hors tension et attendre l’arrêt de
toutes les pièces en rotation avant d’effectuer des
travaux d’entretien et de réparation !
It is also possible to check the direction of rotation with a “motor and phase rotation indicator”. This measurement
device is held from the outside up to the motor housing of the switched-on pump and displays the direction of rotation via an LED.

5.8. Motor protection
The minimum requirement is a thermal relay/motor protection circuit breaker with temperature compensation, differential triggering, and reclosing lock in accordance with VDE 0660 or similar national regulations. If the equipment is connected to power grids where problems often occur, we recommend the additional use of protective
devices (e.g. overvoltage protection or under voltage protection or phase failure relays, lightning protection, etc.).

When connecting the machine, the local and legal requirements must be adhered to.

5.9. Variable Frequency Drives
Special considerations must be taken when operating
pumps with variable frequency drives (inverters). The inverter circuit design, horsepower required by pump, motor cooling system, power cable length, operating voltage, and anticipated turndown ratio must be fully evaluated
during the design stage of the installation.

As a minimum, properly sized load reactors and filters
must be installed between the inverter and the pump
to protect the pump motor from damaging voltage
spikes.

Warranty coverage will not be provided on any pump motor that is operated with a variable frequency drive, unless the load side of the inverter is properly isolated from the pump.

5.10. Types of startups
Types of startup using with cables with exposed ends
Direct start up
At full load, the motor protection circuit breaker should be set to the rated current. In partial load operation it is recommended to set the motor protection circuit breaker 5% above the measured current at the operating point.

Soft start
At full load, the motor protection should be set to the rated current. In partial load operation, it is recommended to set the motor protection 5% above the measured current
at the operating point. The starting time must be max. 5s.

The starting voltage is to be set at 40% of the rated voltage according to the rating plate.

Start up with HOMA GO switch
Plug the connector into the socket provided and press the on/off switch on the GO switch.

5.10.1. After start up
The nominal current is briefly exceeded on start-up. After starup, the operating current should not exceed the nominal current. If the motor does not start immediately after switching on, it must be shut down immediately. The applicable startup procedures must be adhered to before turning on again. If there is a new fault, the machine must again be shut down immediately. The machine may only
be started up again after troubleshooting. The following items should be checked:
• Current consumption (permissible deviation between
phases max. 5%)
• Voltage difference between the individual phases
(max. 1%)
• Switching frequency and pauses (see Technical Data)
• Air entry at the inlet - if necessary, a baffle plate must be attached
• Minimum water coverage, level control, dry run protection • Smooth running
• Check for leaks: if necessary, take the necessary
steps according to the chapter “Maintenance”

Page 135 ends

ITEM NO. 5.

ENGLISH | 15

6. Maintenance

6.1. General
The machine and the entire system must be inspected
and maintained at regular intervals. The time limit for maintenance is set by the manufacturer and applies to
the general conditions of use. The manufacturer should
be consulted if the system is to be used with corrosive and/or abrasive pumped liquids, as the time limit between inspections may need to be reduced.

Note the following information:
• The operating and maintenance manual must be
available to the maintenance personnel and its instructions followed. Only the repair and maintenance measures listed here may be performed.
• All maintenance, inspection and cleaning work on the
machine and the system may only be carried out by
trained specialists exercising extreme care in a safe
workplace. Proper protective clothing is to be worn.

The machine must be disconnected from the electricity supply before any work is carried out. There must be no way that it can be inadvertently switched on.
• Above a weight of 100lbs, only hoisting gear which
has been officially approved and which is in a technically perfect condition should be used for lowering and raising the machine.

Make sure that all fastening devices, ropes and safety devices are in a technically perfect condition. Work may only commence if the auxiliary hoisting gear has
been checked and found to be in perfect working order.

If it is not inspected, danger to personnel may result! • Wiring work on the machine and system must be
carried out by an electrician. For machines approved
for work in areas subject to explosion danger, please
refer to the “Explosion protection in accordance with
the regulation” chapter.
• When working with inflammable solvents and cleaning agents, fires, unshielded lighting and smoking are prohibited.
• Machines which circulate fluids hazardous to health,
or which come into contact with them, must be decontaminated. It must be ensured that no dangerous gases can form or are present.
• Ensure that all necessary tools and materials are
available. Tidiness and cleanliness guarantee safe and
problem-free operation of the machine. After working on the machine all cleaning materials and tools should be removed from it. All materials and tools
should be stored in an appropriate place.
• Operating supplies such as oil and lubricants must
be collected in appropriate vessels and properly disposed. Appropriate protective clothing is to be worn for cleaning and maintenance jobs.

Only lubricants expressly recommended by the
manufacturer may be used. Oils and lubricants should
not be mixed. Only use genuine parts made by the
manufacturer.

A trial run or functional test of the machine must be
performed as instructed in the general operating conditions.

Oil type: white mineral oil. Used oil is to be disposed accordingly.

When using white mineral oil, note the following:
• Machines which have previously been operated using other lubricants must first be thoroughly cleaned before they can be operated using white mineral oil.

6.2. Maintenance intervals
Before initial start-up or after a longer period of
storage:
• Check insulation resistance
• Check oil level in seal chamber
• Check that impeller rotates freely by hand
Monthly:
• Monitor the amperage and voltage
• Check the used relays for proper operation
Every six months:
• Visual inspection of the power supply cable
• Visual inspection of the cable holder and the cable
bracing
• Visual inspection of accessories, e.g. the suspension device and hoisting gears
8,000 operating hours or after two years, whichever
is earlier:
• Check the insulation resistance
• Check the lubricant in the seal chamber
• Functional inspection of all safety and control devices 15,000 operating hours or after five years, whichever
is earlier:
• General overhaul
If it is used in highly abrasive or corrosive material, the maintenance intervals should be reduced!

6.3. Maintenance tasks
Monitoring the current consumption and voltage
The current consumption and voltage is to be monitored
periodically for all winding phases. This remains constant during normal operation. Slight fluctuations are a result of the composition of the pumped fluid. The current consumption can assist in early detection and correction of damage and/ or faulty operation in the impeller/propeller, bearings and/or the motor. More extensive resulting damage can thus be largely prevented and the risk of a total failure can be reduced.

Page 136 ends

ITEM NO. 5.
16 | ENGLISH
Checking the used relays for posistors, oil chamber
monitors, etc.

Check the relays used are functioning fault-free. Defective devices must be immediately replaced, because these
cannot ensure safe operation of the machine. The test procedure details should be followed closely (in the operating instructions for each relay).

Checking the insulation resistance
To check the insulation resistance, the power supply cable must be disconnected. The resistance can then be measured with an insulation tester (measuring voltage = 1000V DC).

The following values may not be exceeded:
• The insulation resistance may not be below 20 MΩ
during initial operation. For all further measurements
the value must be greater than 2 MΩ.
• Insulation resistance too low: Moisture may have
penetrated the cable and/or the motor.

Do not connect the machine, consult manufacturer!
Visual inspection of power supply cables
The power supply line must be examined for bubbles,
cracks, scratches, chafed areas and/or crushed sections.

If damage is found, the power cable must be exchanged
immediately.

The cables may only be changed by the manufacturer or an authorized/certified service workshop. The machine may not be used again until the damage has
been adequately rectified.

Visual examination of the cable holders (carabiners)
and the cable bracing
When the machine is used in basins or pits, the lifting cables/cable holders (carabiners) and the cable bracing are subject to constant wear. Regular inspections are necessary in order to prevent the lifting cables/cable holders (carabiners) and/or cable bracing from wearing out and to prevent the electricity cable from being damaged.

The lifting cables/cable holders (carabiners) and the
cable bracing are to be immediately replaced if any
signs of wear appear.

Visual inspection of accessories
Inspect accessories such as suspension units and hoisting gear to check whether they are secured in a stable manner. Loose and/or defective accessories should be repaired immediately or replaced.

Oil Level check in Seal Chamber
Visual Inspection of Oil Chamber:

Oil Level
Please take the precise filling quantity from the spare parts list or contact the manufacturer with the pump serial number.

Oil Condition
The condition of the mechanical seals can be visually inspected as follows: Put the pump in horizontal position, so that the oil chamber drain plug is on top. Remove the drain plug and take out a small quantity of oil. The oil becomes greyish white like milk if it contains water.

This may be the result of defective shaft seals. In this case the condition of the shaft seals should be checked by a HOMA Service shop. Oil type: Mineral Oil.

Used oil has to be disposed according to the existing environmental rules and regulations.

Functional inspection of safety and control devices
Monitoring devices are temperature sensors in the motor, oil chamber monitors, motor protection relays, overvoltage relays, etc.

Motor protection and overvoltage relays and other trip
elements can generally be triggered manually for test
purposes. To inspect the oil chamber monitor or the temperature sensor, the machine must be cooled to ambient temperature and the electrical supply cable of the monitoring device in the switch cabinet must be disconnected.

The monitoring device is then tested with an ohmmeter.

The following values should be measured:

Bi-metal sensor: Value = “0” - throughput
PTC sensor: A PTC sensor has a cold resistance of between 20 and 100 Ω. For 3 sensors in series this would result in a value of between 60 and 300 Ω.

PT 100 sensor: PT 100 sensors have a value of 100ohms
at 0°C. Between 32°F and 212°F this value increases by

0.214 Ω per 1°F. PT 20 sensors have a value of 107.7 Ω at 68°C.

Moisture sensor: This value must approach infinity. If
there is a low value, there may be water in the oil.

Also observe the instructions of the optionally available evaluation relay.

In the case of larger deviations, please consult the
manufacturer.

Please consult the appropriate operating manual for details on inspecting the safety and monitoring devices on the auxiliary lifting gear.

General overhaul
During this the bearings, shaft seals, O rings and power supply cables are inspected and replaced as required in addition to normal maintenance work. This work may only be conducted by the manufacturer or an authorized service workshop.

Changing the oil
The drained oil must be checked for dirt and water content. If the oil is very dirty and shows water intrusion, it must be changed again after four weeks. If there is again water in the oil then, it seems likely that a seal is defective. In this case, please consult the manufacturer. If an oil chamber or leakage monitoring system is being used, the display will light up again within four weeks of changing the oil if a seal is defective.

The general procedure for changing oil is as follows:

Switch off the machine, let it cool down, disconnect it from the power supply (have this done by an electrician), lock out tag out the control panel, clean it and place it vertically on a solid base. Warm or hot oil may be pressurized. The leaking oil may cause burns. For
that reason, let the machine cool down to ambient
temperature before you touch it.

Page 137 ends

ITEM NO. 5.

ENGLISH | 17

6.4. Sealing chamber
As there are several versions and designs of these motors, the exact location of the screw plugs varies depending on the pump unit used. • Slowly and carefully remove the filling plug from the seal room.

Caution: The oil may be pressurized!
• Remove the drain plug. Drain the oil and collect it in a suitable reservoir. Clean the drain plug, fit with a
new sealing ring and screw it in again. For complete
drainage, the machine must be slightly tipped on to
its side.

Make sure that the pump is on its side and secure!
• Fill lubricant by means of the opening in the filling plug. Comply with the specified lubricants and filling
quantities.
• Clean the filling plug, fit with a new sealing ring and screw it in again.

7. Repairs

7.1. General
When carrying out repair work, the following information should always be noted:
• Round sealing rings as well as existing seals should
always be replaced.
• Screw fixings such as spring washers should always
be replaced.
• The correct torques must be observed.

In general, the following applies to repairs:

Switch off the machine, disconnect it from the power supply (have this done by an electrician), clean it and place it on a solid base in a horizontal position.

Secure it from falling over and/or slipping.

En général, les dispositions suivantes s‘appliquent
aux réparations :

Éteindre la machine, la débrancher du réseau électrique (faire appel à un électricien), la nettoyer et la placer sur une base solide en position horizontale.

Éviter qu‘elle ne tombe et/ou ne glisse.

If not otherwise stated, the torque values of the
below tables should be used. Values stated are for clean, lubricated screws. Fixing torque [ft lbs] for screws A2/A4 (Coefficient of friction = 0.2)
A2/A4,
Hardeness class 70
A2/A4,
Hardeness class 80
DIN912/DIN933 DIN912/DIN933
M6 5 ft lbs 9 ft lbs
M8 12.5 ft lbs 21 ft lbs
M10 24 ft lbs 43 ft lbs
M12 42 ft lbs 73.5 ft lbs
M16 103 ft lbs 180.5 ft lbs
M20 201.5 ft lbs 364.5 ft lbs

7.2. Changing the impeller and volute
Changing the impeller and the volute.
• Loosen and remove the screws holding the volute to
the oil chamber.
• Secure and remove the volute from the oil chamber
with suitable equipment, e.g. hoisting gear. Place on
a secure base.
• Fasten the impeller with suitable equipment, loosen
and remove the impeller fastening (cylindrical screw
with socket hex).

Pay attention to the locking screw!
• Remove the impeller from the shaft using a suitable
extractor.
• Clean the shaft
• Attach a new impeller to the shaft.

Make sure that the sliding surfaces do not become
damaged!
• Screw a new impeller bolt and clamping disk back
onto the shaft. Fasten the impeller and tighten the
impeller bolt. See table below for toque values.
• Place the motor assembly with impeller back onto
the volute and fasten it with screws.
• It must be possible to turn the impeller by hand.

Impeller Bolt Size Torque
10mm 35 Nm / 26 ft lb
12mm 61 Nm / 45 ft lb
16mm 146 Nm / 108 ft lb
20mm 285 Nm / 210 ft lb
Changing wear ring
The stationary and rotating wear rings determine the gap between the impeller (rotating wear ring) and the suction port (stationary wear ring). If this gap is too big, the performance of the machine decreases, and/or it can lead to ragging or clogging. If the stationary ring shows signs of wear, it should be replaced. This minimizes wear on the suction port and and impeller, consequently reducing expense for spare parts.

Only OEM Parts may be used for replacement!

Page 138 ends

ITEM NO. 5.
18 | ENGLISH
Inspecting and replacing these parts is performed by the manufacturer during the general overhaul or by specially trained personnel.

7.3. Spare Parts
In order to obtain spare parts, identify the required parts and contact authorized HOMA customer service with your
order. Authentic HOMA parts shall be used to maintain
warranty.

Explosion Proof pumps must be identified as such,
and the pump serial number must be referenced for
proper parts identification.

Les pompes antidéflagrantes doivent être identifiées
comme telles et le numéro de série de la pompe doit
être mentionné pour une identification correcte des
pièces.

8. Shutdown

8.1. Temporary shutdown
For this type of shutdown, the machine remains installed and is not cut off from the electricity supply. For temporary shutdown, the machine must remain completely submerged so that it is protected from frost and ice. Make sure the wet well and the pumped fluid cannot be covered by ice. This ensures that the machine is always ready for operation. Carry out a monthly start-up and run the pump in operating conditions for 5 minutes.

Caution!
Only test the pump under the proper conditions of operation and use. Never run the machine dry. This can result in irreparable damage!
Mise en guarde !
Ne tester la pompe que dans les conditions de
fonctionnement et d’utilisation appropriées. Ne jamais faire fonctionner la machine à sec. Cela peut entraîner des dommages irréparables !

8.2. Final shutdown / storage
Switch off the system, disconnect the machine from the
electricity supply and dismantle and store it. Note the following information concerning storage:

Beware of hot parts!
When removing the machine, be careful of the temperature of the housing components. These can heat up to well above 104°F. Let the machine cool down to
ambient temperature before you touch it.

Attention aux composants chauds !
Lors du démontage de la machine, faire attention
à la température des composants du boîtier. Ces
appareils peuvent atteindre une température bien
supérieure à 40°C. Laisser la machine refroidir à la
température ambiante avant de la toucher
• Clean the machine.
• Store it in a clean, dry place, protect the machine
against frost.
• Place it down vertically onto a firm foundation and secure it against falling. • Support the cable at the cable entry assembly to help avoid a permanent deformation.
• Protect the ends of the electric power cable from
moisture.
• Protect the machine from direct sunshine as a preventive measure against brittleness in elastomer parts and the impeller and casing coating.
• When storing the machine in a shop please remember: Radiation and gases which occur during electric welding destroy the elastomers of the seals.
• During lengthy periods of storage, regularly (for example every six months) turn the impeller or propeller by hand. This prevents indentations in the bearings
and stops the rotor from rusting up.

8.3. Restarting after an extended period of storage
Before restarting the pump, it should be completely recommissioned. Clean it of dust and oil deposits, then carry out the necessary maintenance actions (see “Maintenance”). Check that the mechanical shaft seal is in good order and working properly. Once this work has been
completed, the machine can be installed (see “Installation”) and connected to the electricity supply by a specialist. See “Start-up” for instructions on restarting.

Only restart the machine if it is in perfect condition and ready for operation.

Page 139 ends

ITEM NO. 5.

ENGLISH | 19

9. Troubleshooting
In order to prevent damage or serious injury while repairing machine faults, the following points must be observed:
• Only attempt to repair a fault if you have qualified personnel. This means each job must be carried out by trained specialist personnel, for example electrical work must be performed by a trained electrician. • Always secure the machine against an accidental restart by disconnecting it from the electric system. Lock out, tag out, and take appropriate safety precautions.
• Always have a second person make sure the machine is switched off in an emergency. • Secure moving parts to prevent injury.
• Independent work on the machine is at one‘s own risk and releases the manufacturer from any warranty obligation.

Afin d‘éviter tout dommage ou blessure grave lors de la réparation de la machine, les points suivants doivent être respectés :
• Ne tentez de réparer une défectuosité que si vous disposez d‘un personnel qualifié. Cela signifie que chaque travail doit être effectué par un personnel spécialisé formé, par exemple, les travaux d’électricité doivent être effectués par un électricien qualifié.
• Toujours sécuriser la machine contre un redémarrage accidentel en la déconnectant du système électrique. Verrouillez, étiquetez et prenez les mesures de sécurité appropriées. • Demandez toujours à une deuxième personne de s’assurer que la machine est éteinte en cas d’urgence. • Attachez les pièces mobiles pour éviter les blessures. • Toute intervention indépendante sur la machine se fait à ses propres risques et libère le fabricant de toute obligation au titre de la garantie.

The machine will not start
Cause Solution
Electricity supply interrupted – short circuit or ground connection in the cable or motor windings
Have the motor and wires checked by a specialist and replaced if necessary Fuses, the motor protection switch and/or
monitoring devices are triggered
Have a specialist inspect the connection and correct them as necessary Have the motor protection switch adjusted according to the technical specifications, and reset monitoring equipment.

Check that the impeller/propeller runs smoothly.

Clean it or free it as necessary
The moisture sensors (option) has interrupted the power circuit (operator-related)
See fault: Mechanical shaft seal leaks, seal chamber monitor reports fault and switches the machine off
Machine runs but does not pump
Cause Solution
No pumped fluid Open the container intake or valves
Intake blocked Clean the intake, valve, suction port or intake strainer Impeller/propeller blocked or obstructed Switch off the machine, secure it against being switched on again and free the impeller/ propeller
Defective hose or piping Replace defective parts
Intermittent operation Check the control panel

Page 140 ends

ITEM NO. 5.
20 | ENGLISH
The motor starts, but the motor protection switch triggers shortly after start-up Cause Solution
The thermal trigger on the motor protection switch is incorrectly set
Have a specialist compare the setting of the trigger with the technical specifications and adjust it if necessary Increased power consumption due to major voltage drop Have an electrician check the voltage on each phase and rewire if necessary Excessive voltage differences on the three phases Have a specialist inspect the connection and the switching system and correct it as necessary
Incorrect direction of rotation Swap the 2 phases from the mains supply Impeller/propeller impeded by adhesive material, blockages and/or solid matter, increased current consumption
Switch off the machine, secure it against being switched on again and free the impeller/propeller or clean the suction port
The pumped fluid is too dense Contact the manufacturer
The machine runs, but not at the stated operating levels Cause Solution
Intake blocked Clean the intake, valve, suction port or intake strainer Valve in the discharge line closed Fully open the valve Impeller/propeller blocked or obstructed Switch off the machine, secure it against being switched on again and free the impeller/ propeller
Incorrect direction of rotation Replace 2 phases on the mains supply Air in the system Check the pipes, pressure shroud and/or pump unit, and bleed if necessary Machine pumping against excessive pressure Check the valve in the discharge line, if necessary open it completely Signs of wear Replace worn parts
Defective hose or piping Replace defective parts
Inadmissible levels of gas in the pumped liquid Contact the factory Two-phase operation Have a specialist inspect the connection and correct it as necessary The machine does not run smoothly and is noisy
Cause Solution
Machine is running in an impermissible operation
range
Check the operational data of the machine and correct if necessary and/or adjust the operating conditions The suction port, strainer and/or impeller/propeller is blocked Clean the suction port, strainer and/or impeller/Propeller The impeller is blocked Switch off the machine, secure it against being switched on again and free the impeller
Inadmissible levels of gas in the pumped liquid Contact the factory Two-phase operation Have a specialist inspect the connection and correct it as necessary Incorrect direction of rotation Replace 2 phases on the mains supply Signs of wear Replace worn parts
Defective motor bearing Contact the factory
The machine is installed with mechanical strain Check the installation, use rubber spacers if necessary Mechanical shaft seal leaks, sealing chamber monitor reports fault and switches the machine off Cause Solution
Increased leakage when running in new mechanical shaft seals Change the oil Defective sealing chamber cables Replace the moisture sensors Mechanical shaft seal is defective Replace the mechanical shaft seal after contacting the factory Further steps for troubleshooting
If the items listed here do not help you rectify the fault, contact our customer service. They can help you as follows:
• Telephone or written help from customer service
• On-site support from customer service
• Checking and repairing the machine at the factory
Note that you may be charged for some services provided by our customer support. Customer service will provide
you with details on this.

Page 141 ends

ITEM NO. 5.

ENGLISH | 21

10.1. Connection of pumps and mixers
Risk of electrocution!
Improper use of electricity can be fatal! All pumps with exposed cable ends must be connected by a qualified electrician.

Risque d‘électrocution !
Une mauvaise utilisation de l‘électricité peut être fatale ! Toutes les pompes dont les extrémités de câble sont exposées doivent être raccordées par un électricien qualifié.

10.1.1 Power cables
Pumps in Star 3-phase version
Cable identification Motor Terminal in control cabinet
U1 U1
V1 V1
W1 W1
U2 U2
V2 V2
W2 W2
Pumps in Direct start version
Cable identification Motor Terminal in control cabinet
U U1
V V1
W W1

10.1.2 Control cables
Depending on the design of the pump/agitator, it may be that no separate control cable is used. In this case monitoring devices are run from the power cable.

Cable identification Motor Monitoring system
Monitoring in winding
T1 / T2 Temperature limiter (2 switches in series)
T1 / T4 Temperature controller (2 switches in series)
T1 / T2 / T3 Temperature limiter and controller
K1 / K2 PTC – Thermistor (3 thermistors in series)
PT1 / PT2
PT3 / PT4 3 x PT100 individually installed
PT6 / PT6
Bearings monitoring
P1 / P2 PT100 upper bearing
P3 / P4 PT100 lower bearing
Seal monitoring
S1 / S2 Seal monitoring in oil chamber
S3 / S4 Seal monitoring in connection compartment
S5 / S6 Seal monitoring in Motor compartment with 2 Electrodes S7 / S8 Seal monitoring in Motor compartment with float switch S9 / S10 Seal monitoring in Gearbox (Agitator)
S11 / S12 Seal monitoring in Leakage compartment (internal cooling) Heating
H1 / H2 Heating system

Page 142 ends

ITEM NO. 5.
22 | ENGLISH
Notizen / Notes

Page 143 ends

ITEM NO. 5.

Page 144 ends

ITEM NO. 5.

HOMA Pump Technology
390 Birmingham Blvd Ansonia, CT 06401
Phone: 203-736-8890 Fax: 203-736-8899
e-Mail: [email protected] Internet: www.homapump.com
Version 11/2021

Page 145 ends

ITEM NO. 5.

Alderon Industries, LLC - Leading Edge Control Products | 218.483.3034 | [email protected] | [email protected] | alderonind.com ▪ Type 4X Enclosure, Indoor or Outdoor, Pad-lockable
• Enclosure Size 10" x 8" x 4" (inches) • Opaque Door, Alarm Beacon with Red Flashing LEDs • Inner Door, View OLED Screen with Alarm and Status Indicator LEDs • Alarm Buzzer and Alarm Test/Silence Switch
▪ Pump Circuit Breakers and Double-Pole Pump Relay Starters • Pump Circuit Breakers for Pump Disconnect
▪ Vibrant Multi-Color LEDs (select indicators listed) • Green (normal), Red (alarms), Blue (pump run), and Red/Yellow (error) ▪ Automatic Resettable Alarm and Control Fuses
▪ Built-in Printed Circuit Board Surge Protection (conformal coated) ▪ Easily Change Configurations
• Demand Dosing, Timed Dosing, Transducer Settings, Enable Pump Exerciser, and Seal Fail Alarm or Pump Shutdown ▪ Sensor Options (signaling device) • Field Wire up to (5) Digital Inputs • Low Level Alarm and Auxiliary Switch Options • Configure 5th Input for a Control Float Switch, Auxiliary Switch, or 4-20mA Submersible Transducer (with 316 stainless steel cable hanger) ▪ Statistic Tracking (each pump) • Pump Elapsed Time, Min/Max/Avg Pump Run Times, Pump Cycle Counter, Total Gallons Pumped, High Level Stats, and More ▪ Included Auxiliary "Dry" Contacts
• General Alarm
• Configurable Reverse Operated for General Alarm plus Power Loss ▪ Hand-Off-Auto (HOA) Pump Selector Switch (each pump) • Off Reminder, Yellow Flashing LEDs and Displays "Pumps Disabled" • Configurable Pump Disable
▪ Scroll Wheel and Digital Display (password protected settings) • Navigate Menu, Access Statistics Tracking, Configure Settings, and Displays System Information on OLED Screen
▪ Exterior Test/Silence Switch
• Quick View of Pump and Alarm Stats, Alarm Test, or Silence Buzzer ▪ Control Circuit Breaker
▪ Current Sensors (displays and monitors Amps)
▪ Vizzy.Site™ Remote Monitoring
Scan the QR code in the ordering information section below or check our website configurator for Vizzylink™ hardware options.

OPAQUE DOOR, ALARM BEACON, and LOCKABLE LATCH
Single Phase Duplex, Type 4X (Indoor/Outdoor)
Model: FLXPO1D230 | 120/240VAC; 1-7A or 7-15A
FLEX™ POWER PAK - SINGLE PHASE | DUPLEX
Base Model Control Panel Description
FLXPO1D230 FLEX™ Power Pak, Clear Door, Single Phase Duplex, 120/240VAC Panel Code Pump Full Load Amps (FLA) Control Switch Options Panel Code Description (narrow angle models only) R7 1.0 - 7.0 Amps Number of Control Switches +3 (3) Control Switches R15 7.0 - 15.0 Amps +4 (4) Control Switches
Float Style AG Altra™ Gold Series
Activation Type (Pump Down) H High Level, Normally Open Mounting Method
(float attachment)
PS Pipe Clamp, Stainless Steel
WC Cable Weight, Cast Iron
WP Cable Weight, Plastic
Cable Length
(feet; standard)
20 20' Cable Length
30 30' Cable Length
50 50' Cable Length
75 75' Cable Length
100 100' Cable Length
Example: FLXPO1D230R15+4AGHPS20 = FLEX™ Power Pak, Opaque Door, Single Phase Duplex, 120/240VAC, 7-15A, (4) 20' Control Switches, Stainless Steel Pipe Clamps

STANDARD FEATURES
Panel Options (customize application)
Scan the QR code for more information on this product and website includes pricing.

ORDERING INFORMATION

MARKETING DATA FLIER
FLEX TM Power Pak Control Panel

Page 146 ends

ITEM NO. 5.

Alderon Industries, LLC | MDF00084_Rev04_FLEX Power Pak Opaque Door 1P Duplex FLXPO1D Series | December 11, 2024 3:19 PM MONITOR YOUR SYSTEM ANYWHERE with a SMARTPHONE, TABLET, or COMPUTER When the product is connected to the Alderon™ Vizzy.Site™ cloud for remote monitoring; view product information for the device, configuration, event history, stats, alert rules, and information. Each tab includes additional information and selections to change system settings or view alarm and pump statistics.

Statistic examples include: System Pumping, Pump Run Stats, Pump Auxiliary Cutoff, Pump Overcurrent, Pump Undercurrent, Pump Seal Sensor Alarm, High Water Alarm, and Low Water Alarm (duplex; separate stats per pump).

PRESS the 'Clear Resettable' button to "reset" statistic to zero.

NOTE: Lifetime statistic values are NOT resettable Example:

Vizzy.Site™ | 3 WAYS to CONNECT
1 WIFI
Panel is connected where the WiFi signal is available AT the panel location ~ Panel Code: V1
2 ZIGBEE WIRELESS to WIRELESS WIFI
Panel is connected up to 1,000 feet (line of sight) AWAY FROM where a WiFi signal is available from the panel location ~ Panel Code: V2 3 VERIZON CELLULAR
Panel is connected as long as a Verizon cellular signal is available at the panel location ~ Panel Code: V3 (USA) and V4 (Canada) Options V1 and V2 | WiFi or Zigbee to WiFi
• VIZZY™ FREE - $0.00 | high or low level alarm monitoring only • VIZZY™ PRO - $99.00/YEAR | full system monitoring of alarms and events, pump statistics, and more Option V3 (USA) and V4 (Canada) | Cellular
• VIZZY™ PRO - $299.00/YEAR | full system monitoring of alarms and events, pump statistics, and more SUBSCRIPTIONS:

ENCLOSURE
SIZE

OVERALL
Width (W)

OVERALL
Height (H)

OVERALL
Depth (D)

MOUNTING
Width (M1)

MOUNTING
Height (M2)
10 x 8 x 4 10.27 13.69 5.01 6.13 10.75
Enclosure measurements (inches)
M2
H
M1
W
D
FLEX™ Control Panel | PRODUCT DIMENSIONS and REMOTE MONITORING Optionally connected to the Alderon™ cloud based Vizzy.Site™ for alarm and pump tracking statistics

OPTIONAL - REMOTE MONITORING

Page 147 ends

ITEM NO. 5.

Page 1 ends

Trash Capture Device Maintenance Plan for
Solana
Project Address and Cross Streets 50 Los Gatos–Saratoga Road____ Assessor’s Parcel No.: 529-24-001, 529-24-003, 529-24-032 Property Owner: Summerhill 50 LGSR LLC Phone No.: (925) 244-8705 Designated Contact: Jared Brotman Phone No.: (650) 380-4373 Mailing Address: 6101 Bollinger Canyon Road, Suite 425 San Ramon, CA 94583 The property contains trash capture devices in each field inlet and catch basin as shown on Exhibit B. Trash capture device maintenance is also associated with offsite right of way stormwater management infrastructure and basin BR-7.

Onsite TCD Quantity – 18
Offsite TCD Quantity - 3

Page 148 ends

ITEM NO. 5.

Trash Capture Device Maintenance Plan Date of Inspection:

Property Address: Treatment Measure No.:

Page 2 ends

I. Routine Maintenance Activities
The principal maintenance objective is to prevent sediment buildup and clogging, which reduces pollutant removal efficiency and may lead failure of trash capture insert.

Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1.

Table 1
Routine Maintenance Activities for Trash Capture Device No. Maintenance Task Frequency of Task
1 Remove obstructions, debris and trash from bioretention area.

Bi-Annually, or as needed after
storm events.
2 Inspect inserts to ensure that it drains between storms. Monthly, or as needed after storm events
3 Replace filter medium within trash capture device Annually or as needed after storm events
II.

Inspections
The attached Trash Capture Device Inspection and Maintenance Checklist shall be used to conduct inspections monthly (or as needed), identify needed maintenance, and record maintenance that is conducted.

Page 149 ends

ITEM NO. 5.

Trash Capture Device Maintenance Plan - Page 3
Trash Capture
Inspection and Maintenance Checklist
Property Address: 50 Los Gatos–Saratoga Road Property Owner: Summerhill 50 LGSR LLC Treatment Measure No.: Date of Inspection: Type of Inspection:  Quarterly  Pre-Wet Season  After heavy runoff  End of Wet Season
Inspector(s):  Other:

Defect Conditions When Maintenance
Is Needed
Maintenance
Needed? (Y/N)
Comments (Describe maintenance
completed and if needed maintenance
was not conducted, note when it will be
done)
Results Expected When Maintenance Is
Performed

1. Sediment
Accumulation
Sediment accumulation is
impeding flow of water into inlet
or catch basin
Remove accumulated sediment deposits.

Replace medium in filter to ensure proper
drainage.

2. Standing
Water
When water stands the inlet and/or
has an excessively slow draw
down time.

Remove accumulated sediment and/or trash.

There should be no standing water once inflow
has ceased

3.Inlet
&Outlet
Inlet/outlet areas clogged with
sediment and/or debris
Material removed so that there is no clogging
or blockage in the inlet and outlet areas.

4. Trash and
Debris
Accumulation
Trash and debris
accumulated in capture
device
Trash and debris removed capture device.

5. MiscellaneousAny condition not covered above
that needs attention in order for the
trash capture device to function as
designed.

Meet the design specifications.

Page 150 ends

ITEM NO. 5.

Page 1 ends

Storm Drain System Infrastructure Maintenance Plan for
Solana
Project Address and Cross Streets 50 Los Gatos–Saratoga Road____ Assessor’s Parcel No.: 529-24-001, 529-24-003, 529-24-032 Property Owner: Summerhill 50 LGSR LLC Phone No.: (925) 244-8705 Designated Contact: Jared Brotman Phone No.: (650) 380-4373 Mailing Address: 6101 Bollinger Canyon Road, Suite 425 San Ramon, CA 94583 The property as well as Los Gatos Saratoga right of way contains storm drain pipes, manholes, pumps, field inlets, and catch basins as shown on Exhibit B.

Page 151 ends

ITEM NO. 5.

Storm Drain System Infrastructure Maintenance Plan Date of Inspection:

Property Address: Treatment Measure No.:

Page 2 ends

I. Routine Maintenance Activities
The principal maintenance objective is to prevent sediment buildup and clogging, which may lead to flooding and create hazards. Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1.

Table 1
Routine Maintenance Activities for Trash Capture Device No. Maintenance Task Frequency of Task
1 Inspect Trash Capture inserts to ensure proper drainage Monthly As needed after storm events
2 Inspect inside of inlets and manholes to ensure proper drainage. Clean as necessary.

Annually before the rainy season.

As needed after storm events.
3 TV inspection of storm drain pipes. Clean as
necessary.

Every 10 years
II.

Inspections
The attached Storm Drain System Infrastructure Inspection and Maintenance Checklist shall be used to conduct inspections as needed, identify needed maintenance, and record maintenance that is conducted.

Page 152 ends

ITEM NO. 5.

Storm Drain System Infrastructure Maintenance Plan - Page 3 Storm Drain System Infrastructure
Inspection and Maintenance
Checklist
Property Address: 50 Los Gatos–Saratoga Road Property Owner: Summerhill 50 LGSR LLC Treatment Measure No.: Date of Inspection: Type of Inspection:  Quarterly  Pre-Wet Season  After heavy runoff  End of Wet Season
Inspector(s):  Other:

Defect Conditions When Maintenance
Is Needed
Maintenance
Needed? (Y/N)
Comments (Describe maintenance
completed and if needed maintenance
was not conducted, note when it will be
done)
Results Expected When Maintenance Is
Performed

1. Sediment
Accumulation
Sediment accumulation is
impeding flow of water into inlet
or catch basin
Remove accumulated sediment deposits. Clean
out inlets, manholes or clogged pipes.

2. Standing
Water
When water stands in the inlet
and/or has an excessively slow
draw down time.

Remove accumulated sediment and/or trash.

There should be no standing water in the
streets once inflow has ceased.

3.Inlet
&Outlet
Inlet/outlet areas clogged with
sediment and/or debris
Material removed so that there is no clogging
or blockage in the inlet and outlet areas.

4. Trash and
Debris
Accumulation
Trash and debris
accumulated in trash
capture device
Trash and debris removed from capture device.
s

Page 153 ends

ITEM NO. 5.

SMHH\54443\1627049.6 1 February 25, 2026
Exhibit D

ANNUAL REPORT FORM FOR TREATMENT MEASURE OPERATION

AND MAINTENANCE INSPECTION CHECKLISTS
Treatment Measure Operation and Maintenance Inspection Report to the Town of Los Gatos, Santa Clara County, California
This report and attached inspection checklists document the inspection and maintenance conducted for the identified stormwater treatment measure(s) subject to the Maintenance Agreement between the Town and the property owner during the annual reporting period indicated below.

I. Property Information:

Property Address or APN:

Property Owner:

II. Contact Information:

Name of person to contact regarding this report:

Phone number of contact person:

Email:

Address to which correspondence regarding this report should be directed:

III. Reporting Period:

This report, with the attached completed inspection checklists, documents the inspections and maintenance of the identified treatment measures during the time period from January 1, 20-- to December 15, 20--.

IV. Treatment Measure Information:

The following stormwater treatment measures (identified treatment measures) are located on the property identified above and are subject to the Maintenance Agreement:

Identifying
Number of
Treatment
Measure
Type of Treatment Measure Location of Treatment Measure on the Property

V. Sediment Management
The sediment was removed and disposed of as
follows:_______________________________________________________________________

Page 154 ends

ITEM NO. 5.

SMHH\54443\1627049.6 2 February 25, 2026
______________________________________________________________________________ ______________________________________________________________________________ VI. Inspector Information:

The inspections documented in the attached inspection checklists were conducted by the following inspector(s):

Inspector Name and Title Inspector’s Employer and Address VII. Statement of Treatment Measure Condition
Based on the inspections documented in the attached checklists, is(are) the treatment measure(s) identified in this report present, functional and being maintained as required by the Maintenance Plan? (Check yes or no.)
____YES ____NO
If “NO”, describe problem, proposed solution and schedule of correction:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________
VIII. Certification:

I hereby certify, under penalty of perjury, that the information presented in this report and attachments is true and complete:
_________________________________________________ ________________________ Signature of Property Owner or Other Responsible Party Date __________________________________________________
Type or Print Name
_________________________________________________
Company Name

Page 155 ends

ITEM NO. 5.

SMHH\54443\1627049.6 3 February 25, 2026
______________________________________________________________________________ Address City, State, Zip
Phone number: Email:________________________
Attachments to the
Treatment Measure Operation
and Maintenance Inspection Report:

Completed Inspection Checklists

Page 156 ends

ITEM NO. 5.

Recording Requested by:

TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:

CLERK ADMINISTRATOR

TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
(SPACE ABOVE BAR FOR RECORDER’S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 and 6103)

MULTI USE PATHWAY MAINTENANCE AGREEMENT
Solana
Los Gatos, CA _______
APN: 529-24-003, 529-24-032 and 529-24-001
ATTACHMENT 6

Page 157 ends

ITEM NO. 5.

SMHH\54443\1355092.6 2
March 11, 2026
THIS MULTI USE PATHWAY MAINTENANCE AGREEMENT (the “Agreement”) is made and entered into as of this ____ day of ___________, 2026, by and between SummerHill 50 LGSR LLC, a California limited liability company (“Property Owner”), and the Town of Los Gatos, a municipal corporation (“Town”), with an address of c/o Parks and Public Works Department, 41 Miles Avenue, Los Gatos, California 95030, with reference to the following facts:

A. Property Owner owns that certain real property located in the Town of Los Gatos, Santa Clara County, California, more particularly described in Exhibit A attached hereto and incorporated herein and commonly known as “Solana.”
B. Property Owner sought approval under Resolution No. _______________ for the development of 155 residential condominiums, 129 market-rate for sale residential condominiums, and 26 affordable for sale residential condominiums (the “Project”).

C. As a condition of Project approval, the Town has required Property Owner to construct certain improvements, namely the landscaping, irrigation, street furniture (such as benches), and multi-use path, within that portion of the Project described in Exhibit B attached hereto and incorporated herein (the “Pathway Improvements”), which Pathway Improvements have been approved by the Town for the benefit of this Project as well as other property owners in accordance with Condition 58e and the Tentative Map approval dated January 29, 2025.

D. Pursuant to Condition 58e and the Tentative Map, Property Owner will be installing Pathway Improvements for the benefit of the occupants of the Project and for the benefit of the public.

NOW, THEREFORE, Property Owner enters into this Agreement with the Town. The Property Owner, its successors and assigns, shall have the right and obligation to maintain the private improvements being constructed pursuant to the Tentative Map and Condition 58e in the Project, limited to the landscaping, irrigation, street furniture (such as benches), and multi-use path, depicted on Exhibit B attached hereto and referred to as the Pathway Improvements.

The Property Owner shall be solely responsible for maintaining the Pathway Improvements in a good and safe manner as the Town determines, provided that if the Town or any person acting under the authority of a party damages any Pathway Improvement, the responsible party shall pay all costs to repair or replace the damaged Pathway Improvement to the same or better condition as before the damage occurred. Property Owner shall indemnify, defend, and hold harmless the Town, its officers, officials, agents, volunteers, employees and attorneys from any and all claims, actions, losses, liabilities and costs (including reasonably incurred attorney’s fees) arising out of or connected with, or alleged to arise out of or be connected with, the installation, design or condition of the Pathway Improvements, except for any claims, actions, losses, liabilities and costs proximately caused by the negligence or willful misconduct of the Town, its officers, officials, agents, volunteers, employees or attorneys. This provision is intended to be the dispositive of all rights of indemnity and contribution between the parties regarding the installation, design or condition of the Pathway Improvements, and Property Owner waives and releases any and all rights to indemnity or contribution from the Town, in law or equity, arising out of or connected with any and all claims, actions, losses, liabilities and costs (including reasonably incurred attorney’s fees) to the extent Property Owner is obligated under this paragraph to provide indemnity or defense to the Town, its officers, officials, volunteers, employees or attorneys.

Page 158 ends

ITEM NO. 5.

SMHH\54443\1355092.6 3
March 11, 2026
The Property Owner agrees to maintain general liability insurance with a limit of at least $1,000,000 for damages arising from the installation, design or condition of the Pathway Improvements.

All persons who may have or may acquire an interest in Solana shall be deemed to have notice of, and be bound by, the terms of the Agreement. Notwithstanding the foregoing, individual homebuyers and individual owners of lots or units upon which commercial, retail, office or other uses are constructed shall have none of the maintenance rights and obligations described in this Agreement. Instead, the Property Owner may assign all or any portion of its rights and/or delegate all or any portion of its duties under this Agreement to an owners association (the “Association”) without thereby causing a breach or default hereunder. Once this Agreement has been assigned to an Association, the assignor Property Owner automatically shall be released of its obligations and responsibilities that have been assigned hereunder and that accrue or arise after the date of assignment. All Property Owners shall be liable under this Agreement only for defaults committed during the period the Property Owner held title to all or any portion of the Solana project and shall not be liable for any defaults committed by any predecessor or successor Property Owner. If there are multiple Property Owners at any given point in time, each Property Owner shall be jointly and severally liable for the duties contained herein.

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 Solana project. No lender taking title to all or any portion of the Solana project through foreclosure or deed in-lieu of foreclosure shall be liable for any defaults or monetary obligations of a Property Owner that arise prior to acquisition or possession of such property by such lender. The foreclosing lender shall have the right to find a substitute developer to assume the obligations of SummerHill 50 LGSR LLC or its successors and assigns, 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 the Solana project of which Town has been given notice (each, a “Lender”) with written notice of any default relating to the Property Owner and/or the Solana project given by Town to Property Owner. 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. [SIGNATURES ON FOLLOWING PAGE]

Page 159 ends

ITEM NO. 5.

SMHH\54443\1355092.6 4
March 11, 2026
Executed this day of _______________, 2026.

PROPERTY OWNER: SUMMERHILL 50 LGSR LLC,
a California limited liability company
By: SummerHill LGL Venture LLC,
a Delaware limited liability company,
its Sole Member
By: SummerHill LGL Venture Manager
LLC, a Delaware limited liability
company,
its Managing Member
By: SummerHill Homes LLC,
a California limited liability
company
Its Manager
By: ____________________
Name: _________________
Its: ____________________
By: ____________________
Name: _________________
Its: ____________________
TOWN: Town of Los Gatos,
a municipal Corporation
By:

Chris Constantin
Its: Town Manager
(Attach Notary Acknowledgment For All Parties)

Page 160 ends

ITEM NO. 5.

SMHH\54443\1355092.6 1
March 11, 2026
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 )
On before me, ,
personally appeared
, 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.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________________ (Seal) 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 )
On before me, ,
personally appeared
, 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.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________________ (Seal)

Page 161 ends

ITEM NO. 5.

SMHH\54443\1355092.6 2
March 11, 2026

EXHIBIT A
to the
Multi Use Pathway Maintenance Agreement

LEGAL DESCRIPTION OF SOLANA PROJECT
The following described property in the Town of Los Gatos, County of Santa Clara, State of California:

Tract One:

Parcel One:

Beginning at a 2" X 3" stake standing on the Northwesterly line of Bella Vista Avenue, at the most Easterly corner of that 18.36 acre tract deeded to Salvatore DI Fiore and Maria DI Fiore, his wife, by deed dated June 14, 1922 and recorded in Book 552 of Deeds, Page 530, in the Office of the County Recorder of Santa Clara County, California, from which stake the most Easterly corner of the Bartlett subdivision, as said subdivision is shown in Book "N" of Maps, Page 7, in the Office of the County Recorder of Santa Clara County, California, bears S. 63° 25' E. 332.42 feet; Running thence along the Northeasterly line of the aforementioned 18.36 acre tract N. 63° 25' W. 100 feet to a stake marked "G"; thence on a line parallel with the Northwesterly line of Bella Vista Avenue, S. 33° 30' W. 125 feet to a stake marked "H", thence S. 63° 25' E. 100 feet to a stake standing on the Northwesterly line of Bella Vista Avenue; thence along the Northwesterly line of Bella Vista Avenue, N. 33° 30' E. 125 feet to the Place of Beginning, and being a portion of RANCHO RINCONADA DE LOS GATOS.

Parcel Two:

Beginning at the most Westerly corner of that certain parcel of land conveyed to the State of California by deed recorded March 17, 1955 in Book 3117 of Official Records, Page 135, Santa Clara County Records; thence along the Southwesterly line of said parcel of land conveyed to the State of California and along the Southwesterly line of that certain parcel of land conveyed to State of California by deed recorded May 21, 1956 in Book 3500 of Official Records, Page 577, Santa Clara County Records, the following courses and distances: South 78° 04' 25" East

53.83 feet and South 80° 36' East 173.48 feet to the true Point of Beginning; thence continuing along the said parcel conveyed to the State of California secondly above referred to, South 76° 00' 20" East 60.65 feet; thence leaving said line South 22° 25' 07" West 137.84 feet to a point on the Southwesterly line of the lands now or formerly of Milton K. Lepetich; thence along said last named line North 63° 38' West 60.14 feet; thence North 22° 25' 07" East 124.81 feet to the true Point of Beginning and being a portion of the RANCHO RINCONADA DE LOS GATOS.

Parcel Three:

Beginning at the most Westerly corner of that certain parcel of land conveyed to the State of California by deed recorded March 17, 1955 in Book 3117 of Official Records, Page 135, Santa Clara County Records; thence along the Southwesterly line of said parcel of land to the State of California and along the Southwesterly line of that certain parcel of land conveyed to the State of California by deed recorded May 21, 1956 in Book 3500 of Official Records, Page 577, Santa Clara County Records, the following courses and distances: South 78° 04' 25" East 53.83 feet and

Page 162 ends

ITEM NO. 5.

SMHH\54443\1355092.6 3
March 11, 2026
South 80° 36' East 173.48 feet; thence leaving said Southwesterly line South 22° 25'07" West 124.81 feet to a point on the Southwesterly line of the lands now or formerly of Milton K. Lepetich; thence along said last named line North 63° 38' West 234.13 feet to the most Westerly corner of said lands of Lepetich; thence along the Northwesterly line of said lands, North 33° 24'30" East 60.94 feet to the Point of Beginning, and being a portion of the RANCHO RINCONADA DE LOS GATOS.

EXCEPTING FROM Parcels Two and Three above all that portion thereof conveyed to the town Of Los Gatos by deed recorded July 27, 1962 in Book 5662 of Official Records, Page 584, executed by Joseph Moucressey, and being more particularly described as follows:

Beginning at the most Westerly corner of that certain parcel of land conveyed by Milton K. Lepetich and Sophie Lepetich, husband and wife, as to the State of California, by deed recorded March 17, 1955, in Book 3117 of Official Records, Page 135, Santa Clara County Records; thence along the Southwesterly line of said parcel of land conveyed to the State of California and along the Southwesterly line of that certain parcel of land conveyed by Milton K. Lepetich and Sophie Lepetich, husband and wife, to the State of California by deed recorded May 21, 1956 in Book 3500 of Official Records, Page 577, Santa Clara County Records, the following courses and distances: South 78° 04' 25" East 53.83 feet; thence South 80° 36' East 173.48 feet; thence South 76° 00' 20" East 60.65 feet; thence leaving said Southwesterly line, South 22° 25' 07" West 10.00 feet; thence North 77° 45' 26" West 286.93 feet; thence North 33° 24' 30" East 3.00 feet to the Point of Beginning.

Parcel Four:

Beginning at the point of intersection of the Northwesterly line of Bella Vista Avenue, with the Northeasterly line of that certain parcel of land described in the deed to Ignazio Prestigiacomo, et ux, recorded December 1, 1958 in Book 4244 of Official Records, Page 730; thence along the Northeasterly and Northwesterly lines of said Prestigiacomo parcel of land, the following courses and distances, to wit: N. 57° 27' 18" W. 84.30 feet and S. 37° 59' 10" W. 73.81 feet to a point on the Southwesterly line of that certain 18.36 acre parcel of land described in the deed to Salvatoro DI Fioro, et ux, dated June 14, 1922 and recorded in Book 552 of Deeds,

Page 530 ends

less, to the point of intersection thereof with the Southerly line of that certain parcel of land condemned to the State of California and described in that certain final order of condemnation, a certified copy of which was filed for record in the Office of the Recorder, County of Santa Clara, State of California on March 8, 1955 in Book 3108 of Official Records, Page 322; thence along said Southerly line the following courses and distances, to wit: N. 89° 14' 29" E. 45.20 feet, N. 85° 17' 24" E. 66.60 feet, N. 87° 07' 42" E. 88.75 feet, N. 61° 15' 46" E. 206.87 feet, N. 78° 26' 24" E. 76.12 feet, and S. 77° 40' 36" E. 43.11 feet to a point at the most Westerly corner of that certain parcel of land conveyed to State of California by deed recorded March 17, 1955 in Book 3117 of Official Records, Page 135, said point being the northernmost corner of that certain parcel of land described as Parcel Two in that certain deed of trust executed by Joseph Moucressey, et ux, as trustor, to city title insurance company, as trustee, recorded March 16, 1959 in Book 4353 of Official Records, Page 488; thence along the Northwesterly line of said Parcel Two, S. 33° 24' 30" W. 60.94 feet to the point of intersection thereof with the Northwesterly line of that certain 18.36 acre parcel of land hereinabove referred to; thence along said Northeasterly line, S. 64° 09' 03" E. 577.23 feet to the point of intersection thereof with the Northwesterly line of that certain parcel of land described in the deed to Margaret M. Anderson, recorded March 4, 1924 in Book 74 of Official Records, Page 234; thence along the Northwesterly and Southwesterly

Page 163 ends

ITEM NO. 5.

SMHH\54443\1355092.6 4
March 11, 2026
lines of said anderson parcel of Land, S. 33° 07' 22" W. 125 feet and S. 63° 09' 04" E. 100 feet to a point on the said Northwesterly line of Bella Vista Avenue; thence along said last named line, S. 33° 07' 22" W. 148.37 feet and S. 14° 29' 52" W.

45.87 feet to the Point of Beginning and being a portion of the RANCHO RINCONADA DE LOS GATOS.

Tract Two:

Beginning at the intersection of the Northwesterly line of Bella Vista Avenue, 50.00 feet in width, with the Southwesterly line of that certain parcel of land described in the deed from H.O. Davis, et ux, to Milton K. Lepetich and Tom Lepetich, dated April 28, 1923, recorded in the Office of the Recorder of the County of Santa Clara, State of California on April 30, 1924 in Book 20 of Official Records, at Page 507; thence from said Point of Beginning and along the Southwesterly line of said land deeded to Milton K. Lepetich and Tom Lepetich, N. 63° 38' W. 370.00 feet, more or less, to the Southeasterly corner of Parcel One, as described in the deed from Milton K.

Lepetich, et ux, to Joseph Moucressey, et ux, dated November 04, 1957, recorded November 05, 1957 in Book 3930 of Official Records, at Page 572, Santa Clara County Records; thence along the Southeasterly line of said Parcel One; N. 22°25' 07" E. 137.84 feet to the Northeasterly corner thereof, on the Southwesterly line of that certain 1.796 acre parcel of land, as described in the deed from Milton K.

Lepetich, et ux, to the State of California, dated April 05, 1956 and recorded May 21, 1956 in Book 3500 of Official Records, at Page 577, Santa Clara County Records; thence along the Southwesterly line of said 1.796 acre parcel of land, S. 75° 36' 16" E. 300.34 feet and S. 70° 28' 01" E. 73.56 feet to the Southeasterly corner thereof, on the Northwesterly line of said Bella Vista avenue, also being a point on a Southeasterly line of said land deeded to Milton K. Lepetich and Tom Lepetich, first above referred to; thence along the general Southeasterly boundary line of said land deeded to Milton K. and Tom Lepetich, the two following courses and distances; S. 33° 25' W. 115.93 feet to a 2 X 3 inch post marked 4; thence S. 63° 38' E. 22.49 feet to the intersection of said general Southeasterly boundary line, with the Northwesterly line of said general Southeasterly boundary line, with the Northwesterly line of said Bella Vista avenue; thence Southerly and Southwesterly along the Northwesterly line of Bella Vista Avenue, to the Point of Beginning.

Page 164 ends

ITEM NO. 5.

SMHH\54443\1355092.6 5
March 11, 2026

EXHIBIT B
to the
Multi Use Pathway Maintenance Agreement

DESCRIPTION OF THE PATHWAY IMPROVEMENTS
Those certain Pathway Improvements located within the public access easement (PAE) lying within Parcel G of Tract Map 10657 filed on ________________, 2026 at ___________________, in Book _________ of Maps at Pages _________________ through _______________, Santa Clara County Records.

Page 165 ends

ITEM NO. 5.

PREPARED BY: Jen Fosco
Senior Services Coordinator
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/17/2026
ITEM NO: 6
DATE: March 17, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the 2026 Community Health and Senior Services (CHSSC) Work Plan
RECOMMENDATION: Approve the 2026 CHSSC work plan.

FISCAL IMPACT:

There is an approximately $30-$50 registration cost for the CHSSC to participate in the 55+ Resource Fair hosted by Los Gatos Saratoga Recreation. This cost will be covered by the Town Manager’s Office budget and no budget adjustment is needed at this time.

STRATEGIC PRIORITY:

This item pertains to the following Strategic Priority: Continue to engage community service providers to meet the needs of older adults. (Goal: Civic Engagement). It also pertains to the Core Goal of Good Governance.

BACKGROUND:

In order to provide Town Commissions/Committees/Boards (Commissions) clarity from the Town Council regarding their work, staff recommends the Town Council review and approve each Commission’s work plan for the year. This will ensure Council support, efficient use of Commissioners’ time, and sufficient staff resources for the Commission’s projects in 2026.

Certain Commissions are exempt from this process due to their specific functions. The exempt Commissions have items presented to them for consideration rather than the Commissions creating their own work plans.

Page 166 ends

ITEM NO. 6.

PAGE 2 OF 2
SUBJECT: CHSSC Work Plan
DATE: March 17, 2026
These exempt Commissions include the Planning Commission, General Plan Committee, Historic Preservation Committee, and Personnel Board.

DISCUSSION:

Work plans are drafted by the Commission’s staff liaison, taking workload, time commitment, and alignment with Council priorities into consideration. The draft work plans are then reviewed by the Commission.

The CHSSC 2026 Work Plan was discussed by the Commission on January 22, 2026, and February 26, 2026. At the February meeting, the Commission discussed and recommended the following edits to the draft 2026 CHSSC work plan:
 Label work plan categories to align with the original Senior Services Roadmap goal areas, with the ability to add a note to relabel Goal 7 as Collaboration and Coordination.  Under Goal 1: Appealing and Inviting Facility, add:
o Discuss ways to maintain the existing Adult Recreation Center (ARC) as a warm and inviting facility.
o Continue to stay informed on the Los Gatos Thrives Foundation.  Pull out Community Health items into their own section.  Adding social media resources under the Communication and Engagement item ii.

With those changes, the Commission unanimously recommended the work plan for Council approval. Staff is amenable to the changes requested by the CHSSC and have incorporated them in the proposed work plan, along with minor clarifying edits (Attachment 1).

CONCLUSION:

Staff recommends the Council approve the 2026 work plan as recommended by the Town’s Community Health and Senior Services Commission in Attachment 1. The addition of more items to this work plan would impact staff capacity and is not recommended for the 2026 calendar year.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Proposed 2026 CHSSC Work Plan

Page 167 ends

ITEM NO. 6.

ATTACHMENT 1
Proposed 2026 CHSSC Work Plan
I. During 2026, the Community Health and Senior Services Commission (CHSSC) will continue to monitor and support community health and senior services in the Los Gatos community with focus on the following areas (No additional staff time or cost is required unless specifically stated in bold.):
a. Goal 1: Appealing and Inviting Facility:
i. Discuss ways to maintain the existing Adult Recreation Center (ARC) as a warm and inviting facility.
ii. Continue to stay informed on the Los Gatos Thrives Foundation. b. Goal 2: Core Senior Services:
i. Continue to stay informed about senior services that are available in the community and provide any recommendations. Focus will be on the following service providers:

1. LGS Recreation (LGSR) 55+ Program

2. West Valley Community Services (WVCS)

3. Jewish Family Services (JFS)

4. Live Oak Nutrition Program

5. Live Oak Adult Day Services

6. LG Library

7. LG Thrives

8. CADRE

9. Other
ii. Participate in the West Valley Service Providers Network meetings. (Intended for information gathering and any comments made should not be on behalf of the Town or Commission.)
c. Goal 3: Communication and Engagement:
i. Share the 55+ program and The HUB with services providers and the community, including identifying additional resources and/or suggesting edits for The HUB.
ii. Continue to track other communication resources focused on seniors.

1. The Print (55+Program)

2. West Valley Senior Pathways Program

3. Outlook

4. SCC Department of Aging and Adult Services Newsletter

5. Los Gatan

6. Los Gatos Living Magazine

7. Social Media Resources
iii. Increase community awareness of the Senior Guided Pathways Program at West Valley College.
d. Goal 4: Volunteer Support and Engagement:
i. Research ways to bridge the gap between service organizations seeking volunteers and older adults looking to volunteer. ii. Attend the 55+ resource fair for older adults. (The Town will cover nominal cost for the booth.)
e. Goal 5: Transportation for Older Adults:
i. Continue attending Complete Streets and Transportation Commission meetings. (Intended for information gathering and any comments made

Page 168 ends

ITEM NO. 6.

ATTACHMENT 1
should not be on behalf of the Town or Commission.)
ii. Continue to stay informed on transportation options for older adults including:

1. VTA Taste and Ride Program

2. RYDE program

3. VTA Mobility Assistance & VTA Access Programs

4. Heart of the Valley Transportation Program
f. Goal 6: Senior Housing:
i. Read the Housing Element and the Senior Housing Resource program therein.
ii. Research housing options and programs that support aging in place. g. Goal 7: Integrated Governance, Funding & Accountability for Senior Services – Relabeled Collaboration and Coordination:
i. Appoint two Commissioners to be on the Community Grant rater panel. ii. Research best practices on general measurement guidelines for grant recipients and provide any recommendations.
iii. Appoint a Commissioner to the DEI Commission.
iv. Provide input on the content of the Town’s annual Service Provider Survey and provide feedback on the data collected to help guide support efforts and provide any recommendations.
f. Community Health:
i. Research and monitor local health and behavioral health services.

1. Monitoring or attending Santa Clara County Behavioral Health Services meetings and sharing pertinent information with the CHSSC/Town. (Intended for information gathering and any comments made should not be on behalf of the Town or
Commission.)

2. Continue to stay informed about mental health services, such as Counseling and Support Services for Youth (CASSY).
ii. If available, provide feedback on the distribution of opioid settlement funding for Council’s consideration once the item has been prepared by staff, which will likely be late 2026 or 2027. (Staff are available for one meeting.)

Page 169 ends

ITEM NO. 6.

PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/17/2026
ITEM NO: 7
DATE: March 17, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Confirming Action Only Minutes and Modifying the Minute Format
RECOMMENDATION: Adopt a resolution confirming the use of action-only minutes and modifying the current practice for public comment documentation.

FISCAL IMPACT:

Adopting the proposed resolution is expected to reduce staff time required for preparation and management review of meeting minutes and allow for a more efficient allocation of Town resources. However, there would be no direct budgetary cost associated, as the hours of work saved would be reprioritized to other tasks, improving productivity.

STRATEGIC PRIORITY:

This item does not directly address a Strategic Priority; however, it aligns with the Core Goal of Good Governance.

BACKGROUND:

Council has periodically reviewed the Town’s meeting minute format, including in 2001, 2007, 2013, and 2022. Prior direction in 2001 established the use of “action-only” minutes and formalized this action by adopting Resolution 2001-104, which directed the use of “action-only” minutes with brief summaries of speakers’ comments during public hearing items only. Over time, current practice expanded to include summaries of all public comments and discussions, exceeding the original intent.

On March 3, 2026, the Town Council discussed the minute format and unanimously voted to reaffirm the use of action-only minutes and to direct staff to modify the current format.

Page 170 ends

ITEM NO. 7.

PAGE 2 OF 2
SUBJECT: Recommendation Regarding Meeting Minutes Format DATE: March 3, 2026
DISCUSSION:

To formalize the Town Council’s direction, staff has prepared a draft resolution (Attachment 1).

The proposed resolution would rescind Resolution 2001-104 and reconfirm the use of actiononly minutes for all Town meetings, ensuring that the official record focuses on formal actions, votes, and Council direction. It would also clarify that for all Town meetings, public comments are to be documented by identifying speakers only, without summarizing their remarks, consistent with Council’s direction at the March 3, 2026, meeting.

Additionally, the resolution includes the Council’s direction that minutes for Council and Planning Commission meetings will include meeting video time stamps for action item motions to provide a clear reference to the video. It is also noted that for non-action meetings, such as study sessions, the Council may direct staff to use an additional format, including summary minutes, Frequently Asked Questions (FAQs), or verbatim records. This approach provides the Council with flexibility to require a more detailed record while still maintaining consistency and the overall efficiency, clarity, and transparency of the Town’s minute practices.

By adopting this resolution, the Town will maintain transparency through publicly available recordings, reduce staff time spent preparing and reviewing minutes, and provide a consistent, efficient record of all Town actions. Council would retain discretion to direct more detailed or verbatim minutes for specific meetings or agenda items when necessary.

CONCLUSION:

Adopting the draft resolution will rescind Resolution 2001-104 and memorialize the Town Council’s March 3, 2026, direction regarding the Town’s meeting minute format.

COORDINATION:

This recommendation was discussed by the Council Policy Committee in coordination with the Town Manager’s Office and the Town Attorney.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Resolution 2001-104

Page 171 ends

ITEM NO. 7.
1 of 2
Resolution 2026 - March 17, 2026
ATTACHMENT 1
RESOLUTION 2026-xx

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 2001-104, RECONFIRMING ACTION-ONLY MINUTES FOR ALL TOWN

MEETINGS, AND CLARIFYING MINUTE FORMAT PRACTICES
WHEREAS, Resolution 2001-104 directed that “action-only” minutes were the preferred form for recording regularly scheduled Los Gatos Town Council meetings and that brief summaries of speakers’ comments during public hearings would continue to be provided; and WHEREAS, over time, the Town’s practice of recording minutes evolved to include summaries of public comments for all agenda items and Verbal Communication, exceeding the original intent of Resolution 2001-104; and
WHEREAS, on March 3, 2026, the Town Council reviewed the current minute format and directed staff to continue action-only minutes for all Town meetings subject to the Brown Act to document the formal actions taken during those meetings; and WHEREAS, the Council clarified that public comments for both agenda items and Verbal Communication shall be documented by identifying the speaker only, without summarizing the content of their remarks; and
WHEREAS, the Council further directed that for Town Council and Planning Commission meetings, action item motions shall include a time stamp in the minutes corresponding to the point in the video recording where the motion occurred; and WHEREAS, the Council also provided that for non-action meetings, such as study sessions, the Council may, by majority vote, direct the use of an alternative format, including summary minutes, verbatim minutes, or Frequently Asked Questions (FAQs), as deemed appropriate; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby declare, determine, and order as follows:

1. Resolution 2001-104 is hereby rescinded in its entirety.

2. The Town shall maintain action-only minutes for all Town meetings subject to the Brown Act to document the formal actions taken at such meetings.

3. Public comments made at all Town meetings subject to the Brown Act during an agenda item or Verbal Communication, shall be documented by identifying the speaker only, without summarizing the content of their remarks.

4. For Town Council and Planning Commission meetings, the minutes shall include a time stamp for each action item motion that is moved and seconded, identifying the point in the video recording at which the motion occurs.

Page 172 ends

ITEM NO. 7.
2 of 2
Resolution 2026 - March 17, 2026
ATTACHMENT 1

5. For non-action meetings, such as study sessions, the Town Council may, by majority vote, direct the use of an additional format, including summary minutes, verbatim minutes, or Frequently Asked Questions (FAQs).

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th of March 2026, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________
MAYOR

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK

LOS GATOS, CALIFORNIA

Page 173 ends

ITEM NO. 7.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/17/2026
ITEM NO: 8
DATE: March 17, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Review and Provide Input on a Comprehensive Framework and Workplan for the Town’s Multi-Year Capital Improvement Program
RECOMMENDATION: Receive a report on the workplan to develop a multi-year Capital Improvement Program; and provide input on the workplan and elements of the Capital Improvement Program.

FISCAL IMPACT:

The subject of this staff report has no immediate fiscal impact. The body of work outlined in this report will lead to the development of a fully funded five-year Capital Improvement Program budget for the Town.

STRATEGIC PRIORITY:

Refinement of the Town’s five-year Capital Improvement Program supports the Strategic Priority of Fiscal Stability.

DISCUSSION:

On March 9, 2026, the Town of Los Gatos Finance Commission (Commission) received the attached report. The Commission asked questions of staff and discussed the topic. The Commission was concerned about the schedule presented in Table 2 of the staff report that suggests a multi-year financial strategy and financial impact analysis would not be complete until FY31. The Commission made the following motion: “Given the current staffing levels of the Town the Commission recommends that Council consider hiring an full-time equivalent (FTE) or

Page 174 ends

ITEM NO. 8.

PAGE 2 OF 2
SUBJECT: Review and Provide Input on the CIP Workplan
DATE: March 17, 2026
consultant to help with data management and project management for this project and move forward quickly with the purchase of project management software.” The Commission supported that motion 4-0 with Vice-Chair Fischer being absent.

The Finance Commission staff report is being presented to the Town Council for their consideration, discussion, and feedback to staff.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Staff Report to Finance Commission dated March 9, 2026

2. Presentation Materials to be Presented to Council on March 17, 2026

Page 175 ends

ITEM NO. 8.

PREPARED BY: Nicolle Burnham / Kristina Alfaro
Parks and Public Works Director / Administrative Services Director 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

FINANCE COMMISSION REPORT
MEETING DATE: 03/09/2026
ITEM NO: 6
DATE: March 9, 2025
TO: Finance Commission
FROM: Chris Constantin, Town Manager
SUBJECT: Review and Input on a Comprehensive Framework and Workplan for the Town’s Multi-Year Capital Improvement Program
RECOMMENDATION:

Receive a report on the workplan to develop a multi-year Capital Improvement Program that identifies current and future capital needs, determines the funding levels required to support those needs, and provides a comprehensive approach to capital planning.

Provide input on the workplan and elements of the Capital Improvement Program.

BACKGROUND:

The Town Council of Los Gatos annually adopts a Five-Year Capital Improvement Program (CIP) as part of the budget process. The adopted Fiscal Year (FY) 2025-26 – 2029-30 CIP identifies projects valued at $25,000 or more with a minimum useful life of five years. The current fiveyear CIP totals approximately $40.1 million over the planning horizon. Only the first year of the program is formally appropriated, with years two through five serving as planning estimates subject to available resources.

The CIP is organized into three primary program areas: Streets; Parks and Trails; and Public Facilities. As discussed later in this staff report, the Town will be adding overarching categories along with other elements to the CIP in the upcoming and future years to align with the Government Finance Officers Association (GFOA), best practices for multi-year capital planning.

For FY 2025-26, approximately 88 percent of total capital funding is allocated to the Streets Program, reflecting a Council priority to maintain core infrastructure. Of the Streets Program funding, 28% is allocated to stormwater projects from sources that are 100% restricted to stormwater related projects; and 21 percent (21%) is allocated to the Annual Street Repair and ATTACHMENT 1 Page 176
ITEM NO. 8.

PAGE 2 OF 9
SUBJECT: Receive a Report Regarding Capital Improvement Program Planning DATE: March 9, 2026
Resurfacing Project and the Annual Curb Gutter Sidewalk Project with 68% of the funding for these annual street projects coming from sources that are restricted for use on roadways only. Of the 32% of funding for that comes to the Annual Street Repair and Resurfacing Project and the Annual Curb Gutter Sidewalk Project from GFAR, the sources are 2010 Measure B funds, 2016 Measure B funds, and an impact fee paid by the Town’s waste hauling contractor.

In other words, there is no funding in these projects that is from the general fund or that can be rededicated to non-roadway work.

The CIP further acknowledges that the Town continues to face challenges in securing reliable ongoing revenue for capital improvements, and that a significant portion of the five-year program relies on one-time funding sources such as the General Fund Appropriated Reserve (GFAR), grants, and other special funds.

Project planning for the CIP has historically been based on needs identified by staff without a transparent method for defining project priorities. Three years ago, staff identified the need to develop a more comprehensive approach to CIP planning and began to develop a comprehensive list of projects for streets and parks based on known needs and on planning documents that were adopted by Town Council (e.g., General Plan 2040, the Bicycle and Pedestrian Master Plan, Pavement Maintenance Program, Stormwater Needs Assessment, Facilities Condition Assessments, ADA Transition Plan, and Local Road Safety Plan). Staff also developed a consolidated list of building needs from preliminary condition assessments that were completed in 2022. These actions are a rudimentary start to what will become a robust asset management and capital planning process.

In 2014, the International Organization for Standardization (ISO) published its ISO 5500X series to provide guidance for developing and implementing asset management programs across various industries. The American Public Works Association and other related international organizations, such as the Institute of Public Works Engineering Australasia (IPWEA), have also published guidance specifically related to asset management for public infrastructure. Recent studies and guidance documents from both organizations date to the late 2010’s or early 2020’s. These best practices will inform the improvements to the CIP planning process, with the CIP based on best practices as recommended by the GFOA.

DISCUSSION:

GFOA Best Practices and Changes to the CIP
Table 2 is a summary of GFOA Best Practices, the Town’s status in meeting the criteria, and estimated completion dates to implement the best practices.

Page 177 ends

ITEM NO. 8.

PAGE 3 OF 9
SUBJECT: Receive a Report Regarding Capital Improvement Program Planning DATE: March 9, 2026
Table 2. GFOA Best Practices for CIP
CIP Framework Description Current Status Estimated
Completion

1. Defined Planning
Horizon
Plan over a multi-year period,
typically at least 3 years, ideally 5 to
25 years, to support long-term
infrastructure and asset
management
Complete, the
Town’s CIP spans
a five-year
horizon with
funding being
budgeted only
for year one of
the CIP.

NA

2. Needs
Identification
 Inventory capital assets (facilities,
infrastructure, equipment, and
software) and define their lifecycle stages
 Use strategic frameworks,
facility/master/regional plans, and
demographic projections to
pinpoint current and future
service needs
In progress,
Town will be
updating
categories.

FY29 CIP

3. Scope and Cost
Estimation
 For each project, specify the
scope and complete cost
(including procurement, design,
and construction)
 Capture life-cycle costs:
operating, maintenance,
administration,
renewal/replacement
In progress,
currently we
identify the
scope and costs
for the actual
project.

We still need to
include lifecycle
costs
associations.

FY31CIP

4. Financial Impact
Analysis
 Quantify total capital and lifecycle costs, including future operating and maintenance
impacts on the annual budget
In progress, see
comment above.

FY31

Page 178 ends

ITEM NO. 8.

PAGE 4 OF 9
SUBJECT: Receive a Report Regarding Capital Improvement Program Planning DATE: March 9, 2026
Table 2. GFOA Best Practices for CIP
CIP Framework Description Current Status Estimated
Completion

5. Prioritization
Framework
 Implement priority ordering
based on:
- Health and safety risks
- Service delivery or asset
preservation
- Financial return or revenue
potential
- Regulatory/legal requirements
- Incorporate transparency in
ranking decisions
In progress, this
is already done
informally but
needs to be
discussed and
coordinated.

FY27

6. Multi-Year
Financial Strategy
 Build a comprehensive funding
plan spanning the CIP horizon,
using:
- Pay-as-you-go, debt, reserve
funds, grants, dedicated taxes,
etc.
- Align financing methods with
project timing and maintain
overall fiscal health
Not started FY31

7. Capital Policies &
Governance
 Establish capital planning policies
to define:
- What qualifies as a capital project
- Stakeholder roles and
responsibilities
- Debt vs. pay-go approaches
- Reserve requirements
- Monitoring, legal, and multi-year
obligations
Not started FY27

8. Asset
Management
Coordination
 Integrate CIP with asset
management, including:
- Condition assessment
- Service reliability metrics
- Defined renewal and replacement
thresholds
In progress FY29

Page 179 ends

ITEM NO. 8.

PAGE 5 OF 9
SUBJECT: Receive a Report Regarding Capital Improvement Program Planning DATE: March 9, 2026
Table 2. GFOA Best Practices for CIP
CIP Framework Description Current Status Estimated
Completion

9. Communications
Strategy
 Share the plan via clear messaging
to internal and external
stakeholders—public meetings,
online tools, reports—to ensure
transparency and engagement
Not started FY27

10. Monitoring &
Annual Updates
 Continuously monitor project
delivery, budgets, and timelines.
 Revisit and update the CIP
annually to reflect completed,
delayed, or new priorities
Ongoing. System
will be updated,
revised, and
made more
robust as part of
the overall CIP
effort, including
implementing
project
management
software.

FY28
Work Plan for Developing and Updating the CIP
In alignment with best practices number two listed above, Table 3 is an updated Needs Identification structure that adds a new broader category to identify CIP projects but retains prior needs categories as a subcategory. In performing this work, staff is evaluating the procurement of project management software to improve project scoping and tracking of project budget and schedule.

Page 180 ends

ITEM NO. 8.

PAGE 6 OF 9
SUBJECT: Receive a Report Regarding Capital Improvement Program Planning DATE: March 9, 2026
Table 3. Categories for Need Identification of CIP Projects Categories Lifecyle Perpetual Repair / Replace /
Rebuild
New
Definition Planned, periodic
investments made to
maintain an asset in
good working
conditions
throughout its
expected useful life.

These projects are
based on predictable
maintenance cycles
and prevent
premature asset
failure. They do not
significantly change
the asset’s function,
capacity, or
footprint.

Projects are ongoing,
continuous capital
investments that
occur every year and
do not have a
defined start or end
point. These projects
are typically
system-wide or
programmatic in
nature, addressing
recurring needs to
keep infrastructure
operational,
compliant, or up to
standard.

These projects
address the
rehabilitation,
repair,
replacement, or
complete
reconstruction of
existing assets that
have deteriorated,
reached the end of
their useful life, or
require significant
upgrades. They
restore existing
capacity and
function but do not
typically expand the
system.

New projects create
brand new assets or
expand the capacity,
service area, or
functionality of existing
assets. These projects
add to the City’s
overall capital
inventory and often
address growth,
service enhancements,
or new community
priorities.

Example of
Project Type
• Scheduled HVAC
system component
replacements in
Town Hall
• Interior /exterior
repainting of
facilities on a
recurring schedule
• Asphalt slurry
seals or crack
sealing on local
streets
• Replacement of
playground
surfacing as part of
routine safety
maintenance
• Citywide sidewalk
maintenance and
trip-hazard mitigation
• Annual storm drain
system cleaning and
catch basin repair
program
• Ongoing IT network
infrastructure
updates and system
hardening
• Routine street sign
replacement and
traffic striping
program
• Full roadway
reconstruction of
a deteriorated
arterial street
• Replacement of
a failing sewer
main
• Roof
replacement for
an aging
community center
• Structural repair
or rebuild of a
damaged
pedestrian bridge
• Construction of a new
police station
• Building a new
neighborhood park
• Installation of new
traffic signals at
previously
uncontrolled
intersections
• Adding solar power
infrastructure at
municipal facilities
Subcategories Streets; Parks and Trails; and Public Facilities and Software In alignment with best practice number eight in Table 2, the Parks and Public Works department is developing an asset management program for the Town of Los Gatos that will provide for more effective management of existing assets and associated costs, define preventive maintenance requirements versus capital needs, and provide cost projections for maintenance and capital work for existing assets. The Parks and Public Works Department has rearranged its staffing model to dedicate a staff member to asset management for approximately 60% of their time. A detailed implementation framework for developing the asset management program is in development.

Page 181 ends

ITEM NO. 8.

PAGE 7 OF 9
SUBJECT: Receive a Report Regarding Capital Improvement Program Planning DATE: March 9, 2026
The general framework for this work will be as follows:

1. Define asset classes to be managed;

2. Set service levels for each asset (based on usage, warranty periods, and regulatory standards);

3. Collect asset data (Type of asset, geolocation, construction year, current condition, and replacement cost);

4. Define the risk level associated with the failure of each asset class;

5. Document required preventive maintenance measures, including the expected service life and operational expectations (e.g., key performance indicators) for each asset or asset class. This includes determining what is mandatory vs non-mandatory (can be deferred with limited risk) and defining subcategories of maintenance:
a. Corrective Maintenance. Repairs to restore function after a failure. b. Predictive Maintenance. Using data analysis to predict and prevent failures. c. Preventive Maintenance. Finding and fixing small issues before they’re allowed to get worse.
d. Deferred Maintenance. Postponing maintenance activities due to budget or resource constraints. Learn more in this guide.
e. Condition-Based Maintenance. Performing maintenance based on the actual condition of equipment, not on a set schedule.
f. Emergency Maintenance. Unplanned repairs in response to urgent issues.

6. Develop a capital improvement strategy for existing assets;

7. Develop cost projections for each asset; and

8. Operationalize an Asset Management Plan.

The Town has used a work order management system for public works since the early 2000’s.

Some asset classes are fully built out in that system, while others are either partially defined or not defined at all. Vehicles, benches, and storm drainage assets are currently the most complete.

Examples of asset classes that will be incorporated (Step 1 in the above outline of steps) in the asset management system are shown in Table 4. This list will continue to be built out by staff as the asset management system is developed and may not currently represent all of the asset classes owned by the Town.

Page 182 ends

ITEM NO. 8.

PAGE 8 OF 9
SUBJECT: Receive a Report Regarding Capital Improvement Program Planning DATE: March 9, 2026
Table 4. Preliminary List of Town of Los Gatos Asset Classes and Categories Subcategory Lifecyle Perpetual Repair / Replace /
Rebuild
Buildings HVAC Structural Elements Water Supply systems – backflow valves, piping,
etc.

Roofing Sewer System pumps and
pipes
Interior Plumbing Lighting
On-Site Electric
Generation
Electrical Systems
Roads Signage Asphalt Storm Drainage (Inlets,
Piping, Treatment)
Guardrails Sidewalks /
Handicap Ramps
Bridges and Culverts
Retaining Walls Parking Lots
Street Lights Street Trees
Traffic Signals
Curb Markings
Striping and painting
(centerlines, fog lines,
bike lanes, etc.)
Parks Tables Trees Playground Equipment
Benches Pathways
Irrigation Creek Trail Landscaping
Artificial Turf Open Space Trails
Playground Safety
Surfacing
Fleet Trucks and
Maintenance Vehicles
Administrative Vehicles
Police Patrol Cars
Police Administrative
Vehicles
Police Motorcycles and
Bicycles
Generators
Small Equipment
Fuel Pumps

Page 183 ends

ITEM NO. 8.

PAGE 9 OF 9
SUBJECT: Receive a Report Regarding Capital Improvement Program Planning DATE: March 9, 2026
Staff will develop a priority order for the build-out of assets in the system and expect the task of data collection for all assets to require three to four years. Consideration will be given to consulting services and/or technology solutions (e.g., artificial intelligence, vehicle mounted cameras, etc.) to accelerate this work. Town vehicles and generators are generally already in the asset management system and so will be prioritized in spring and summer 2026. Buildings, facilities, and associated assets will be the second set of data developed in the asset management system.

As the asset management system is built out, staff will begin using it to recommend projects for the CIP. Projects will be categorized based on priority, funding availability, and staff delivery capacity. Over time, this information will be used to present a consolidated five-year lifecycle funding sufficiency comparison, aligning estimated infrastructure needs, programmed capital expenditures, and projected funding capacity.

Enhancements to the existing framework may include:

1. Five-Year Funding Sufficiency Analysis

2. Formal Asset Lifecycle Integration

3. Capital Sustainability Metrics

4. Alignment with Reserve Policy
COORDINATION:

This staff report was coordinated with the Town Manager’s office and the Administrative Services Department.

Page 184 ends

ITEM NO. 8.

Framework for Future Capital
Improvement ProgramPresented To: Town CouncilMarch 17, 2026 ATTACHMENT 2

Page 185 ends

ITEM NO. 8.

TONIGHT’S GOAL
Receive a report on the framework and provide input on:1) Staff approach to GFOA Best Practices for CIP 2) Preliminary Framework for Developing and Updating the CIP

Page 186 ends

ITEM NO. 8.

BACKGROUND
• Currently Year 1 of the CIP is Appropriated• Years 2 through 5 Expenses and Revenue are Estimated
• Current CIP Funding is Heavily Legally Restricted,
with Most Dedicated Funding Directed to Streets
• Current CIP Lacks Dedicated Revenue Sources• Tonight’s Item Marks the Start of a Shift to a Fully Funded CIP

Page 187 ends

ITEM NO. 8.

GFOA BEST PRACTICES 1 TO 5
1 Estimated
Completion
Framework Element Description
Define planning period for document; Completeideally 5 to 25 years

1. Defined PlanningHorizon

2. Needs Identification Inventory assets, define lifecycles FY29 CIP Define projects, scopes, design and FY31 CIPconstruction cost and ongoing costs of asset

3. Scope and CostEstimation
Quantify total cost (capital and lifecycle) FY31 CIPimpacts on capital and operating budget

4. Financial ImpactAnalysis
Implement system for setting project FY27 priority

5. PrioritizationFramework
Notes: 1. See Table 2 in the March 9, 2026, Finance Commission Staff Report for the Complete Details of Each Item

Page 188 ends

ITEM NO. 8.

GFOA BEST PRACTICES 6 TO 10
1 Estimated
Completion
Framework Element Description
Build comprehensive funding plan for FY31projected financial impact

6. Multi-Year FinancialStrategy

7. Capital Policies & Establish capital planning policies FY27Governance

8. Asset Management Integrate CIP with Asset Management FY29Coordination9. Communic ations Share the plan with stakeholders FY 27
Strategy
Monitor project delivery, revise and FY28update CIP

10. Monitoring & Annual
Updates
Notes: 1. See Table 2 in the March 9, 2026 Finance Commission Staff Report for Complete Details of Each Item

Page 189 ends

ITEM NO. 8.

FY27 FRAMEWORK PRIORITIES
1) Socialization of Prioritization Framework (Step 5)2) Update Capital Policies and Governance (Step 7)3) Enhance the Existing Communications Strategy (Step 9)4) Beginning to Frame Needs Identification (Step 2)5) Developing the Framework of Asset Management Coordination for Vehicles and the Civic Center Building (Step 8)
6) Optimize Reporting and Tracking with Existing Systems or Adding Software Solutions as Required (Step 10)

Page 190 ends

ITEM NO. 8.

OUTCOMES
For Tonight: Receive Input on Preliminary FrameworkFrom Finance Commission Meeting of 3/9/26: Recommend that Town Council Consider Consultant Services to Support Development of Asset Management System to Accelerate Work PlanBy FY31: CIP that Clearly Defines Town Owned Assets their Total Cost, Replacement Requirements, Clearly Defined Funding Needs, and Strategies for Capital and Operating Funding Impacts

Page 191 ends

ITEM NO. 8.
1 Diversity, Equity, and Inclusion Commission Recommendation from September 18, 2025
On September 18, 2025, the DEI Commission unanimously voted to seek the Town Council’s approval for the Los Gatos DEI Commission, in coordination with NUMU and/or third parties, to host and co-lead a project entitled “Hand[Righting] the Constitution” with the Town’s role limited to: endorsement, publicizing, and displaying the project.

The Commission also requested that the attachment titled “Hand[Righting] the Constitution:

A Public Exercise in Contemplating Our Democratic Rights” be forwarded to the Town Council along with this recommendation.

Summary of Commission Rationale:

The proposed “Hand[Righting] the Constitution” project is proposed as a series of participatory art events in which members of the community would gather at various venues around Los Gatos and take turns transcribing the entire U.S. Constitution by hand onto foam boards with ink pens. Participants would be invited to offer feedback regarding their experience and the project would result in a visual installation featuring the Constitution handwritten by Los Gatos community members.

This project is intended to foster unity and diversity within the Town of Los Gatos. The Commission hopes the project would encourage individual connection within Los Gatos by using the U.S. Constitution as a common bond and creating a more cohesive community by connecting individuals with other individuals they may not have had an opportunity to engage with but for this project. The Commission also hopes the project would reengage an interest in civics by encouraging community members to think more deeply about constitutional rights, democracy and governmental processes. If NUMU is involved in the project, it would allow NUMU to activate its Los Gatos history resources to highlight local connections to the Constitution and the democratic process. At the conclusion of the project, the Commission would like to see the finished product assembled into a single artwork and publicly displayed at Town facilities.

Staff Recommendation:

While staff does not have the bandwidth to host or co-lead the project, if NUMU or another third party leads the project and the Council desires the Town/DEI Commission to endorse the project, it is within staff capacity to publicize it and provide Town facilities for the final product to be displayed. If the Town, including the Commission, is perceived to be in charge of the project, it would necessitate a more time-intensive process to vet volunteers, consider messaging and procedures, and provide overall quality control. Council Members may request consideration of this at a future Council meeting as specified in the Town Agenda Format and Rules Policy.

Attachment 1 Page 192
ITEM NO. a.

ATTACHMENT 1
Diversity, Equity, and Inclusion Commission Recommendation from February 19, 2026
On February 19, 2026, the DEI Commission unanimously voted to accept and endorse the current version of the memo about Hand[Righting] the Constitution (attached) and submit that proposal to the Town Council.

This revised attachment replaces the original attachment that was included with the DEI Commission’s September 18, 2025 recommendation that was part of the September 26, 2025 Updates.

Summary of Commission Rationale:

The summary of Commission rationale that was provided as part of the September 26, 2025 Update to Council remains the same:

The proposed “Hand[Righting] the Constitution” project is proposed as a series of participatory art events in which members of the community would gather at various venues around Los Gatos and take turns transcribing the entire U.S. Constitution by hand onto foam boards with ink pens.

Participants would be invited to offer feedback regarding their experience, and the project would result in a visual installation featuring the Constitution handwritten by Los Gatos community members.

This project is intended to foster unity and diversity within the Town of Los Gatos. The Commission hopes the project would encourage individual connection within Los Gatos by using the U.S. Constitution as a common bond and creating a more cohesive community by connecting individuals with other individuals they may not have had an opportunity to engage with but for this project. The Commission also hopes the project would reengage an interest in civics by encouraging community members to think more deeply about constitutional rights, democracy and governmental processes. If NUMU is involved in the project, it would allow NUMU to activate its Los Gatos history resources to highlight local connections to the Constitution and the democratic process. At the conclusion of the project, the Commission would like to see the finished product assembled into a single artwork and publicly displayed at Town facilities.

Staff Recommendation:

The staff recommendation provided as part of the September 26, 2025 Update to Council remains the same with an emphasis that any Commissioner’s involvement in the project should be in their personal capacity and not on behalf of the DEI Commission or Town.

While staff does not have the bandwidth to host or co-lead the project, if NUMU or another third party leads the project and the Council desires the Town/DEI Commission to endorse the project, itis within staff capacity to publicize it and provide Town facilities for the final product to be displayed. If the Town, including the Commission, is perceived to be in charge of the project, it would necessitate a more time-intensive process to vet volunteers, consider messaging and procedures, and provide overall quality control. Council Members may request consideration of this at a future Council meeting as specified in the Town Agenda Format and Rules Policy.

Page 193 ends

ITEM NO. a.

For discussion purposes—February 19, 2026
Please note that this communication is being made in my personal and individual capacity and not as a member of, or on behalf of, the Town of Los Gatos DEI Commission, nor is it intended to, nor does it in fact, represent the position of the Town of Los Gatos DEI Commission.

Hand[Righ*ng] the Cons*tu*on:

A Public Exercise in Contempla*ng Our Democra*c Rights
Submi&ed by Gordon Yamate
Summary: This proposed project consists of a series of community-based, participatory, conceptual art events inspired by the artist Morgan O’Hara, who was featured in an article in the April 21, 2025 online issue of The New Yorker magazine1. The project concept is relatively simple, but profound: provide one or more public spaces in various venues across the Town of Los Gatos, where a handful of individuals working independently transcribe by hand the U.S. Constitution. Participants would sign up for a one-to-two-hour time slot. A log would be created to track their efforts, specifically identifying where in the Constitution each individual begins and ends the transcription, and the date and time of that activity. Participants would also be invited to reflect on their experience: What did they learn? What surprised them? How did it feel to handwrite a foundational civic text? Subsequent participants would start transcribing where a previous individual has ended. To ensure inclusivity, a set of guidelines and rules of conduct would be developed to foster a safe, welcoming environment, set expectations for participants, ensure respectful conduct, and protect against “political” proselytizing or coercion.

The project culminates in a large-scale collective artwork—the entire U.S. Constitution transcribed by diverse hands, curated into a visual installation by an artist or arts organization. The variations in handwriting become a living metaphor for individuality within unity, reflecting both the fragility and resilience of democracy.

This project has been approved by the Los Gatos DEI Commission and recommended to the Town Council for implementaXon. Mayor Rob Moore has indicated his support of the project and would offer the Town chambers as a potenXal locaXon to display the end results of the project.

This project has also been approved by the Town’s Community Health and Senior Services Commission and Arts and Culture Commission.

Who would be project sponsors, par8cipa8ng organiza8ons and hosts? This project envisions a collaboraXve effort between the Town of Los Gatos with leadership from the Diversity, Equity and Inclusion Commission and an arXst/arts organizer (the “ArXsXc Lead”).

The project will be conducted in phases with an iniXal roll-out of a series of small group handwriXng sessions, each accommodaXng 6-8 parXcipants, and two larger group sessions at Villa Montalvo and the Town’s 4th of July Concert in the Park events. During this phase, the goal would seek to achieve parXcipaXon of at least 100 parXcipants in the aggregate. This phase would be followed by a review of the work conducted and produced to date, the hiring of one or more arXsts to (i) oversee the assembly of the handwricen panels into a public display and (ii) organize and present the results and learnings from parXcipant feedback and observaXon of Attachment 1

Page 194 ends

ITEM NO. a.

For discussion purposes—February 19, 2026
Please note that this communication is being made in my personal and individual capacity and not as a member of, or on behalf of, the Town of Los Gatos DEI Commission, nor is it intended to, nor does it in fact, represent the position of the Town of Los Gatos DEI Commission.
2 parXcipants during the handwriXng sessions. This phase could also be extended with addiXonal handwriXng sessions. The ArXsXc Lead will be Gordon Yamate working in collaboraXon with SVCreates, a local charitable nonprofit arts organizaXon that will act as the fiscal sponsor for the project, providing a vehicle for fundraising, a clearinghouse for project costs and expenses and limited administraXve assistance. The ArXsXc Lead would take the laboring oar on coordinaXng the arXsXc elements of the project with the Town’s endorsement and support of the project, helping to publicize and encourage public parXcipaXon.

Members of the DEI Commission, the Arts and Culture Commission, the Community Health and Senior Services Commission in addiXon to other Town Commissions would be invited to assist in supervising and monitoring the handwriXng sessions, parXcularly the larger events, in publicizing the handwriXng sessions to friends and family, and parXcipaXng in the sessions themselves. In addiXon, the Los Gatos Library, Los Gatos High School, the Los Gatos AnX-Racism CoaliXon, the Los Gatos Chapter of the Daughters of the American RevoluXon, Democracy Tent Los Gatos and TWW/Indivisible Los Gatos would be ideal parXcipaXng/supporXng organizaXons (“ParXcipaXng OrganizaXons”). Individual members/leaders of these groups have already voiced their support for the project. ParXcipaXng OrganizaXons would be primarily responsible for spreading the word about the various transcribing events and encouraging people to acend and parXcipate (including their members). Other ParXcipaXng OrganizaXons could include Los Gatos schools, religious and faith organizaXons, service organizaXons and community groups in addiXon to the business community.

Who would be invited to par8cipate in the project?
This project would be open to all residents of Los Gatos, owners and employees of businesses in Los Gatos, and visitors to Los Gatos. The project targets high school students and older, middle school students with exposure to the ConsXtuXon would be welcome. Younger students may be able to contribute, but should be accompanied by an adult for safety purposes. Sessions would be intenXonally structured to be intergeneraXonal, encouraging dialogue and exchange across diverse ages, backgrounds and perspecXves.

How and where would the project be staged?
Transcribing sessions could be offered in a conference room at the Los Gatos Library, space within the New Museum Los Gatos, as an acXvity at the Adult RecreaXon Center, and perhaps selected public venues, indoors or outdoors, throughout the Town. The Montalvo Art AssociaXon has indicated that they would like to showcase a handwriXng session at their annual outdoor fesXval on April 18, 2026. Another ideal venue would be the Town’s Fourth of July Concert in the Park, where the DEI Commission has staffed tables with acXviXes designed to engage families and children. In addiXon, sessions could be hosted at Los Gatos High School (to the extent that

Page 195 ends

ITEM NO. a.

For discussion purposes—February 19, 2026
Please note that this communication is being made in my personal and individual capacity and not as a member of, or on behalf of, the Town of Los Gatos DEI Commission, nor is it intended to, nor does it in fact, represent the position of the Town of Los Gatos DEI Commission.
3 they can also accommodate non-student public parXcipants) and maybe some private organizaXons like the Terraces of Los Gatos senior living facility. Materials needed for the project can be purchased at a relaXvely modest cost: white archival (acid free) foam core boards and Sharpie black ink pens to transcribe the ConsXtuXon in its enXrety.

How many par8cipants would be an8cipated and how long would the project last? It is hoped that publicity and word of mouth would generate parXcipaXon by more than an insignificant number of community members, and that all interested community members would have an opportunity to parXcipate. ParXcipants can acend mulXple transcripXon sessions, depending on availability with priority given to first Xme parXcipants. This project could potenXally conXnue for an indefinite period. An officer of the Los Gatos chapter of the DAR noted that project would coincide with the 250th anniversary of the United States (July 4, 2026), or Semiquincentennial, when the U.S. will celebrate 250 years since the signing of the DeclaraXon of Independence. In addiXon, September 17 marks the anniversary of the signing of the final drak of the U.S. ConsXtuXon—as such, an extended run of the project could conXnue through September 17, 2026. Depending on the level of interest generated by this project, it could be extended beyond September 17, 2026 to accommodate parXcipants and/or related acXviXes. With strong community interest, it may extend further as an ongoing civic art pracXce.

Do these transcribing sessions need to be supervised?
In discussing the overall project structure, the Los Gatos DEI Commission concluded that supervision was necessary for the transcribing sessions: it was criXcal to have someone available to greet parXcipants, answer quesXons and get the project rolling, monitor respeclul conduct during the sessions and then collect materials and obtain feedback at the end. Volunteers would be recruited to provide that supervision and would be required to parXcipate in training sessions to ensure that there is consistency on how the sessions are conducted.

What would be the goals and desired outcomes of the project? Display of Transcribed ConsAtuAon. One obvious tangible outcome would be the producXon of community-transcribed versions of the U.S. ConsXtuXon that could be assembled into a single work and publicly displayed. Suggested areas for display include the Town Council chamber and/or recepXon area, Los Gatos Library or other Town faciliXes. The collecXon and organizaXon of the wricen transcripXons would be supervised by the ArXsXc Lead, who may engage curators and arXsts to create an arXsXc presentaXon of the transcripXons for physical display. One suggesXon for organizing the transcribed works might be to hinge them together with tape on the reverse side in accordion style

Page 196 ends

ITEM NO. a.

For discussion purposes—February 19, 2026
Please note that this communication is being made in my personal and individual capacity and not as a member of, or on behalf of, the Town of Los Gatos DEI Commission, nor is it intended to, nor does it in fact, represent the position of the Town of Los Gatos DEI Commission.
4 Fostering Individual ConnecAon Within Los Gatos. While not required, it is hoped that parXcipants will interact with fellow parXcipants, even though the project semng would otherwise offer a relaXvely quiet and somewhat meditaXve opportunity to do the actual transcripXon. This project is designed to connect individuals with other individuals with whom they might not know, and more importantly may never have had an opportunity to engage with but for this project. If the ConsXtuXon is a common bond for our community and society overall, how can it be uXlized to create a more cohesive community within the Town of Los Gatos? Reengagement of an Interest in Civics. Through the desired interacXons described above, parXcipants may develop a deeper familiarity with the U.S. ConsXtuXon and reflect upon its meaning. While the transcripXon acXvity is designed to foster conversaXons among strangers, it will also hopefully encourage members of the Los Gatos community to think more deeply about ConsXtuXonal rights, democracy and governmental processes. For example, parXcipants might ask each other about the meaning of various provisions of the ConsXtuXon, share personal perspecXves on how a specific provision impacts or guides their life or thinking, or quesXon how a provision operates or is supposed to operate. It is hoped that Los Gatos High School, Fisher Middle School and other Los Gatos-based educaXonal insXtuXons will develop curriculum and parallel efforts supporXng this community art project or relaXng to its subject macer.

AcAvaAng Local History Resources. This project also allows NUMU to acXvate its Los Gatos history resources to highlight local connecXons to the ConsXtuXon and the democraXc process.

Over the years, members of the Los Gatos community have parXcipated in and/or led efforts to establish important ConsXtuXonal Amendments, which have been documented and preserved by NUMU.

What is the conceptual art component of the project?
In addiXon to creaXng a tangible work from the transcripXon efforts, this project offers a conceptual art component comprising both process and product. The act of handwriXng—the nuances, fluidity and flourishes—embodies a collecXve meditaXon on democracy. The wordplay in the project Xtle (“hand righXng” versus “handwriXng”) captures and embraces the revisiXng and reflecXng on democraXc rights. ParXcipant reflecXons and stories will become part of the artwork. Is there an element of “righXng” the ConsXtuXon that might be uncovered through the project?
To capture the impact of the transcripXon project, parXcipants would have an opportunity to share what they experienced and learned by parXcipaXng in the project. Feedback could be collected via wricen quesXonnaires or short interviews. In addiXon, professional photographers and/or videographers could be hired to help document the project. If a budget does not allow for such recording, volunteers could be enlisted for this purpose. Curators, either hired or volunteerbased, would review and organize the collected input in a manner that can be shared with the public with the displayed transcripXon.

Page 197 ends

ITEM NO. a.

For discussion purposes—February 19, 2026
Please note that this communication is being made in my personal and individual capacity and not as a member of, or on behalf of, the Town of Los Gatos DEI Commission, nor is it intended to, nor does it in fact, represent the position of the Town of Los Gatos DEI Commission.
5 To increase the level of awareness of the ConsXtuXon, this project could be supplemented by various public programs, where speakers educate and engage the public about the ConsXtuXon, its history and interpretaXon.

How does this tie to the DEI Commission’s workplan?
This project would qualify as a program and series of events designed to foster unity and diversity within the Town of Los Gatos as intended under the enabling resoluXon for the DEI Commission2 and Work Plan Discussion Item C. Related to DEI Plan Goal A.2.a. (Discuss Ways the DEI Commission Can Make Visible the Equity Issues that Macer to the Larger Community, Including AcXon Items to Promote the Safety and Inclusivity of its Community Members)3. 1 Henry Alford, Protest Dept.: Ac.vism for Introverts! Copying the Cons.tu.on, THE NEW YORKER (April 21, 2025) h9ps://www.newyorker.com/magazine/2025/04/28/acGvism-for-introverts-copying-the-consGtuGon; Henry Alford, Protest Dept.: Write It Again, THE NEW YORKER (April 28, 2025) at p. 11. The arGst featured in the New Yorker arGcle, Morgan O’Hara, is a conceptual arGst based in New York City and Venice, Italy. Compelled by the disconcerGng and troubling poliGcal discourse surrounding the 2016 PresidenGal elecGon, she created art work based on “copying out the ConsGtuGon in a public place [that] would provide consolaGon by deepening her understanding of the document.” At the Gme of publicaGon of The New Yorker arGcle, more than 2,000 people across the globe had parGcipated in 147 public wriGng sessions transcribing the U.S. ConsGtuGon inspired by Ms. O’Hara. 2 Los Gatos Town Council, ResoluGon 2023-053 (October 3, 2023) h9ps://www.losgatosca.gov/DocumentCenter/View/36658/2023-053-Revised-Enabling-ResoluGon-Establishing-theDiversity-Equity-and-Inclusion-Commission 3 Los Gatos Town Council, Town of Los Gatos Diversity, Equity, and Inclusion (DEI) Plan (October 17, 2023) h9ps://mccmeeGngs.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Packet1d0e4263d4cf4f07b24233d15424beaf.pdf

Page 198 ends

ITEM NO. a.

← All documents from this meeting