Fee Deferral Agreement - KB Home South Bay, Inc. (2)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
DOCUMENT: 21001138
\n~llln n III
Pages 6
Fees
Taxes
Copies
AMT PAID
30 00
30 00
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attn: City Clerk
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Owner
RDE # 010
12/13/2010
9 22 AM
FEE DEFERRAL AGREEMENT
[Government Code ~ 66007J
This Agreement ("Agreement") is made this .3 Y(~ day of h!c> V em~Y'; 2010, by and
between KB Home South Bay Inc., a California Corporation ("Owner"), and City of Gilroy; a
municipal corporation ("City"), affecting the real property commonly referred to as Valley
Gardens, 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 atthe 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
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approval determines the deferred due date, until the Development Fees are paid.
Notwithstanding the above, this deferral of Development Fees from payment at issuance of
building permit to the time described herein shall terminate on December 31, 2011, and
thereafter the Development Fees will be due at issuance of each building permit..
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: 1\-3-10
KB HOME19UTH BAY INe., a
::lifO~N
Name: 6/;/,5 We".
S-V;O
Title:
ILROY, a municipal corporation
Dated:
APPROVED AS TO FORM:
\ t
d)~/e~e~
Linda A. Callon
City Attorney
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EXHIBIT A
(Legal Description of Property)
All that real property located in the City of Gilroy, County of Santa Clara, State of
California, described as follows:
Lots 1-25 and Lot 29 of tract 10059, recorded October 6,2010, in Maps book 839, pages 20-22,
official records, Santa Clara County.
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EXHIBIT B
(Development Fees Per Lot)
Public Facilities - Residential Low Density
$21,586.00
Sewer - Residential Low Density
$12,531.00
Traffic - Residential Low Density
$11,809.00
Water - Residential Low Density
$5,236.00
Total
$51,162.00
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STATE OF CALIFORNIA
COUNTY OF A\o-Yyy.-e\a.
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ss.
On ND\Jemba 0 I 2010 , before me,T. S. RDb\' nS6n
Notary Public, personally appeared c....\'\y(\S Re...de e.... , who proved to
me on the basis of satisfactory evidence to be the person(~ whose name(X) is/~ subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(~, and that by his/hcr/theiT signature(~ 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.
(S~~
(Seal)
T. S. ROBINSON
_ _. Commission # 1152251
I .~. Notary Public. California I
J . , Alameda County -
y ~ ~ ~ y y"~~.A.H8.2011 t
.... .... .... ..... .... .... ...
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
~\L ,
State of California (\ '
County of C:oYttcL~l~
On ~ before me, .
Date 4"'l)VV\f I L .
personally appeared \l) I 1 [LA...:)
~.~~. -. ~~~~~~ ~l
J Notary PublIc . California f
I Santo Clara County -
~ ~ ~ ~ _ ~"~~~1~~~ r
who proved to me on the basis... ~~tisfactory evidence to
be the person(~ whose name~8fe'" subscribed to the
r~h~n ..instrument and acknowledged to me that
~ executed th~e i~r,'tnetr authorized
capacity(~, and that b his cr . signature~ 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 m
Place Notary Seal Above
Signature
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
Number of Pages: }sL.
Title or Type of Docum
Document Date: II 3
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer(s)
Signer's Name'
D Individual
D Corporate Officer - Title(s)
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other.
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Signer's Name
D Individual
D Corporate Officer - Title(s)
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other.
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing:
Signer Is Representing:
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