Fee Deferral Agreement - Gilroy Unified School District
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DOCUMENT: 20406264
1111111111I1 " II
RECORDING REQUESTED BY AND
RECORDED MAIL TO:
Pages:
9
Fees. * No Fees
Taxes.
Copies.
AMT PAID
City of Gilroy
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
- '-' - ~- ~-- ---- ----
7351 Rosanna St.
Gilroy, CA 95020
RECORD WITHOUT FEE UNDER SECTIONS 6103 &
27383 OF THE CALIFORNIA GOVERNMENT CODE
RDE ** 003
8/20/2009
9:34 AM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Fee & Cost Deferral Agreement
by and between
the
Gilroy Unified School District
and
The City of Gilroy
IVP APP\792957.2
052209-04706140
Fee & Cost Deferral Agreement
THIS FEE DEFERRAL AGREEMENT ("Agreement") is made and entered into as of August 3rd,
2009, by and between, the GILROY UNIFIED SCHOOL DISTRICT ("Owner"), and the CITY
OF GILROY, a California municipal corporation ("City") with reference to the following facts:
A. Owner is the owner of that certain real property in the City of Gilroy, County of Santa
Clara, State of California, more particularly described on Exhibit "A" attached hereto
("Property"). The Property is a parcel of land owned by Owner at Day Road and Santa
Teresa Boulevard in Gilroy, California. The site is forty-two and sixty-six hundredths
(42.66) acres in size.
B. Owner is currently constructing a new high school on the property which includes, among
other things, an administration building, library, cafeteria, science labs, an aquatics center
site work and forty-one (41) classrooms known as Christopher High School (the "Project").
The Project is to be built on the Property in two phases, Christopher High School Phase I
and Christopher High School Phase II.
C. Owner intends to complete Phase I in 2009. The date for construction of Phase II has not
been determined.
D. Certain City Development Impact Fees and other fees (including permit fees) and charges
(collectively, the "Fees") for both Phase I and Phase II are currently due and payable by
Owner pursuant to City's Municipal Code Sections 21.160, et. seq. Owner has agreed to pay
Phase I Fees prior to issuance of a certificate of occupancy for the school. Owner has
requested deferment of Phase II Fees to completion of Phase II construction.
E. City has found that:
. the Phase II Fees are not immediately needed for public improvements required to serve
the Project; and
. payment of the Phase II Fees is adequately secured by the legal commitments made by
Owner in this Agreement; and
. deferral of the Phase II Fees for the Project would not jeopardize the public health,
safety and welfare.
F. City has the authority to defer the payment of fees, charges and assessments. The law
allows the City to require the property owner to execute a contract to pay fees or charges if
such fee or charge is not fully paid prior to the issuance of building permits.
G. City and Owner desire to enter into an agreement deferring payment of the Phase II Fees
until request for final inspection, on all of the terms and conditions of this Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. City agrees to defer collection of the Fees due for Phase II until Owner (or its contractor(s)
or other agent(s)) requests a final inspection for issuance of a certificate of occupancy for
Phase II ofthe Project.
2. Owner, on behalf of itself and its successors and assigns, agrees to pay all of the Phase II
IVPAPP\792957.2
052209-04706140
1
Fees concurrent with Owner's request for final inspection for certificate of occupancy on
Phase II of the Project. All payments shall be made to City by certified check, unless the
parties agree otherwise in writing.
3. All other rights of the parties shall remain unchanged. Without limiting the generality of the
foregoing: the amount of the Phase II Fees payable shall be those in effect at the time
Owner requests final inspection of the Project as further set forth on Exhibit "B".
4. This Agreement shall be recorded in Santa Clara County's Official Records and shall
constitute a lien for the payment of the Phase II Fees binding upon, and running with, the
Property.
5. The burden of this Agreement shall be released from title to the Property upon payment of
the Phase II Fees. Within a reasonable time following completion of the payment of all
Phase II Fees, the City shall execute a lien release (similar to that set forth in Exhibit "C"),
which shall be in standard form releasing the burden of this Agreement from the title to the
Property.
6. General Provisions.
6.1 All notices to the parties shall be in writing and delivered in person or sent by certified
mail, postage prepaid, return receipt requested, to the principal offices of City and
Owner. Notice shall be effective on the date delivered in person or the date when the
postal authorities indicate the mailing was delivered to the address of the receiving party
indicated below:
To Owner:
Superintendent
Gilroy Unified School District
7810 Arroyo Circle
Gilroy, CA 95020
To City:
City of Gilroy,
City Administrator
7351 Rosanna Street
Gilroy, California 95020
6.2 Owner acknowledges and agrees that nothing contained in this Agreement shall (i)
constitute an approval, consent or other agreement, express or implied, of or by City
with respect to the development of the Project, or (ii) cause to be vested in Owner any
rights whatsoever pertaining to the development and or use of the Project. Owner
acknowledges that neither City, nor any of its representatives, have made any
representations or warranties of any kind as to whether Owner will be successful in
obtaining approval.
6.3 In the event of a legal challenge to this Agreement by a third party, if City elects to
defend such challenge, or if Owner requests that City defend such action within five (5)
days after City notifies Owner of such legal challenge, City will exert reasonable efforts
to defend such legal action. All costs incurred by City in connection with such legal
action, including without limitation all court costs and attorney's fees, shall be paid by
Owner within thirty (30) days after demand. City shall have the right to estimate from
time to time the amount it expects to incur in connection with such legal action, and to
bill Owner for such amounts, which amounts shall be paid to the City within ten (10)
IVPAPP\792957.2 2
052209-04706140
days after demand. In no event shall City be required to continue with such legal action,
although City shall have the right to do so, in the event Owner fails to pay any amounts
owing to the City pursuant to this Section 6.3 within the time required by this Section.
In no event shall City have any obligation or liability to Owner in connection with
City's defense of such legal action, including without limitation the outcome thereof, or
in the event the City elects not to defend such challenge and Owner does not request that
City defend such challenge within the time required by this Section.
6.4 This Agreement shall be governed by, and interpreted in accordance with, the laws of
the State of California.
6.5 This Agreement cannot be modified in any respect except by a writing signed and
entered into by Owner and City.
6.6 The captions of the paragraphs of this Agreement are inserted for convenience of
reference only and do not define, describe or limit the scope or the intent of this
Agreement.
6.7 This Agreement supersedes any prior agreement, oral or written, with respect to the
subject matter of this Agreement and contains the entire agreement between the parties
with respect to the subject matter hereof.
IN WITNESS WHEREOF, this Agreement has been entered into by and between Owner and City
as of the day and year first above written.
"Owner"
GILROY UNIFIED SCHOOL DISTRICT
~~ ~~a~
"City"
The City of Gilroy, a California municipal
n
By
Thomas J. Haglun
Appro~~ to form: .
By: (Jl~U. ~~
Linda A. Callan, City Attorney
Item\.),{A~\792957.2
052209-04706140
3
SIIRRA WIST
LAND SURVEYING INe
1359 A D HILL CT.. OAKDALE. CA. 95361
Ph: (209) 645 . 2773 FAX: (209)845 . 9042
Exhibit "A"
Legal Description
for the
Lands of Gilroy Unified School District
Christopher High School
All that real property situate in the City of Gilroy, County of Santa Clara, State of Cali fomi a,
being the Lands of Gilroy Unified School District, lying entirely within the Solis Rancho and
being further described as follows:
All of Parcel One, as said parcel is shown on that certain Parcel Map, recorded in Book 830 of
Maps at pages 21-26, inclusive, Santa Clara County records.
This description was prepared by me or under my direction.
~~
Bradley A. Bilbo PLS 6141
Exp.: 03/31/10
05!Z.,(o-r
Date
1 of 1
PROJECT
NUMBER
IVPAPP\792957.2
052209-04706140
Exhibit "B"
List of Estimated Fees, Charges and Assessments
PHASE II
FEE, CHARGE, OR ASSESSMENT
PAYMENT DUE*
I) Sewer Impact Fee*
(75 Staff@ 20 gpd plus 1100 students @ 28 gpd = 32,300
gpd)
(32,300 gpd x $3,966/cqpd = $1,281,018)
2) Water Impact Fee*
(Based on water usage of 32,300 gpd
32,300 gpd x $8,208 per kgpd = $265,118.40
TOT AL PROJECT CITY FEES:
$1,546,136.40
* The fees listed in 1) and 2), above, are current as ofthe date
of execution of this Agreement. The actual amount of these
fees due and owing by the Owner, however, shall be those in
effect at the time that Owner requests final inspection of the
Project. Phase II fees shall be due prior to final inspection for
certificate of occupancy for the Phase II improvements.
6
EXHIBIT "C"
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
Superintendent
Gilroy Unified School District
7810 Arroyo Circle
Gilroy, CA 95020
No transfer tax is due as this is a conveyance to a
public agency ofless than a fee interest for which
no cash consideration has been aid or received.
Space above this line for Recorder's use only
TERMINATION OF FEE DEFERRAL AGREEMENT
NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition
of the Agreement between THE GILROY SCHOOL DISTRICT and the
City of Gilroy, Document/Resolution No. , for the payment of Development
Impact Fees as recorded in the Office of the County Recorder of Santa Clara County
on , Document No. , have been fully satisfied as
pertaining to:
COUNTY ASSESSOR'S PARCEL NO.
OR MAP
UNIT(s)
LOT( s)
City of Gilroy, a California
municipal corporation
Dated
By
IVPAPP\792957.2
052209-04706140
7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
State of California
County of ~0j)~0-. ~!D-V(}""
On % \ tQ \ JO 00l before me,
Date +-
personally appeared "Tho m .
who proved to me on the basis of satisfactory evidence to
be the person{S) whose nam~i5/are subscribed to the
within instruMmt and acknowledged to me that
AetsAe/t~ executed the same in .AiefRer/their a9.thorized
capaci~, and that ~ J:lis.lI:ler/their signature(sY on the
instrument the person~ or the entity upon behalf of
which the person@ acted, executed the instrument.
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I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
WITNESS my hand and official seal.
Signatur~gx- ag.~
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Docum~nt
Title or Type of Document: -EeL ~ CD~+
Document Date: 'X l,~} dOcA
Signer(s) Other Than Named Above: _~ I F\;
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RIGHT THUMBPRINT
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@2oo7 National Notary Association' 9350 De Soto Ave.. PO. Box 2402 . Chatsworth. CA 91313-2402' www.NationaINotary.org Item #5907 Reorder: Call Toll-Free '-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
State of California
County of S Cl~ llJe, (}~ a/Ce.-
On ?- J1- 0'1 before me,
Date
personally appeared
bda~ H.
Name(s) of Signer(s)
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Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
who proved to me on the basis of satisfactory evidence to
be the person~whose namesPYis/~ subscribed to the
within instrument and acknowlegged to me that
pe1she/~y executed the same in J;H'S/her/tH6ir authorized
capacity~ and that by 9tS1her/tpelr signatureWon the
instrument the personM, or the entity upon behalf of
which the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
~W
Signature
Description of Attached Document
Title or Type of Document: fU. C\ [tot Dt,?{e ((oJ? Cl1 (if m hJ
Document Date: <6 -3 .0 CJ Number of Pages: If
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
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D Corporate Officer - Title(s):
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D Attorney in Fact
D Trustee
D Guardian or Conservator
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RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
.
@2oo7 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth. CA 91313-2402' www.NationaINotary.org item #5907 Reorder: Call Toll-Free 1-800-876-6827