Fee Deferral Agreement - KB Home South Bay, Inc.RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attn: City Clerk
DOCUMENT: 20719510
Pages 6
Fees.... No Fees
Taxes...
Copies..
AMT PAID
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE # 098
5/21/2010
2 :49 PM
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF THE CITY OF GILROY AND IS ENTITLED TO BE RECORDED FREE OF
CHARGE IN ACCORDANCE WITH SECTION 6103 & 27383 OF THE GOVERNMENT CODE
FEE DEFERRAL AGREEMENT
[Government Code § 660071
This Agreement ( "Agreement ") is made this 114 day of i i ` , 2010, by and
between KB HOME South Bay Inc. ( "Owner ") and City of Gilroy, a municipal corporation
( "City") affecting the real property commonly referred to as Valley Oaks (formerly `Benassi
Oaks "), Gilroy, California (the "Property"), as more particularly described in Exhibit A attached
hereto.
RECITALS
The City Council of the City of Gilroy has adopted certain fees and charges, for the
construction of certain public improvements and facilities, to be imposed on new residential
development, including those specified and enumerated in Exhibit B attached hereto (the
"Development Fees ").
The City currently requires that developers of new residential units pay the Development
Fees at the time of issuance of building permits for construction of such residential units.
The California Government Code, Section 66007, provides for the deferral of the
payment of the Development Fees until the date of the final inspection or the date the certificate
of occupancy is issued, whichever occurs earlier, if, as a condition to the issuance of a building
permit for the Property, a contract agreeing to pay the Development Fees at the deferred due date
is entered into by the Owner and is recorded against the Property. This Agreement is entered
into by Owner pursuant to Government Code Section 66007.
NOW THEREFORE, for and in consideration of the deferral of Development Fees by the City as
set forth herein, and for other valuable consideration, Owner and City hereby agree and covenant
as follows:
1. The Development Fees due to the City for the Property are deferred until the date
of the final inspection or the date a certificate of occupancy is issued, whichever occurs first, and
Owner shall pay said Development Fees prior to or upon the applicable deferred due date. The
City may withhold the final inspection approval or the certificate of occupancy, whichever
approval determines the deferred due date, until the Development Fees are paid.
2. City shall cause this Agreement to be recorded in the office of the county recorder
of Santa Clara County in the grantor- grantee index in the name of the City of Gilroy as grantee
and in the name of the Owner as grantor.
3. As recorded, this Agreement shall constitute a lien against the Property,
enforceable against successors in interest to Owner, for the payment of the Development Fees.
4. Nothing contained in this Agreement shall be deemed to authorize or permit the
deferral of payment of any fee or charge imposed upon residential development within the City
of Gilroy except for the Development Fees set forth on Exhibit B.
5. The City of Gilroy shall record a full release of the obligation under this
Agreement upon payment in full of the Development Fees for the entire Property. Upon
payment in full of the Development Fees owed for a single lot comprising the Property and
described on Exhibit A, the City shall record a partial release of the obligation under this
Agreement, to release the lien of this Agreement as an encumbrance against such single lot for
which such Development Fees have been paid.
IN WITNESS WHEREOF, Owner and City have caused this Agreement to be executed as of the
date first written above.
Dated: KB HOME South Bay Inc.
f 111 ri..1
Dated: _` O CI Y OF ROY, a municipal corporation
By:
Thomas J. Haglund, CitfAdministrator
APPROVED AS TO FORM:
Linda A. Callon
City Attorney
2
EXHIBIT A
(Legal Description of Property)
Real property in the City of Gilroy, County of Santa Clara, State of California,
described as follows:
LOTS 1, 2, 11, 12, and 17 THROUGH 22, AS SHOWN ON THAT CERTAIN
TRACT MAP NO.9778 "BENASSI OAKS - PHASE 2 ", FILED FOR RECORD
IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, ON JUNE 22, 2006 IN BOOK 802 OF MAPS AT
PAGES 35 AND 36.
EXHIBIT B
(Development Fees Per Lot)
Public Facilities — Residential Low Density
Sewer — Residential Low Density
Traffic — Residential Low Density
Water — Residential Low Density
Total
4
$21,586.00
$12,531.00
$11,809.00
$5,236.00
$51,162.00
STATE OF CALIFORNIA
COUNTY OF a mew Ss.
On 4l'd 1-41, 'W/o before me, iQ L � /1&664z ,
Notary Public, personally appeared JP [f -rez V ffv- 'g Hen , who proved to
me on the basis of satisfactory evidence to be the personN whose named is /afe subscribed to
the within instrument and acknowledged to me that he /aheAhey executed the same in
his/he-'heir-authorized capacity(ieo, and that by hisAw4their signatureN on the instrument the
person(,$), or the entity upon behalf of which the personN 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. - - - -�y
Seal SW L.
(Seal COMM8stor► • tIY M
(Signature No" Pubk - CowWorrM
Aftwft County
ha Jon 22, 201
STATE OF CALIFORNIA
'!)j)j COUNTY OF� ss.
On 13C) 10
,before me, I ,
Notary Public, personally appeared who proved to
me on the basis of satisfactory evidence to be the person ose name i /are subscribed to
s within instrument and acknowledged to me that he hz they executed the same in
(IjiAe4t-heir authorized capacity(W, and that by 6igs eMhdr signature(O on the instrument the
person(*, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. M" AL011ZO
Conwnh*M • 1739063
W Nof" PUM • CaftfMa
(Seal) $onto Ckwa County
(Sign turi- U AcwMeantam"11