Fee Deferral Agreement - Quilici, Todd and Yvonne
DOCUMENT: 21154825
Pages:
8
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Fees. ,
Taxes.
Copies.
AMT PAID
* No Fees
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attn: City Clerk
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE ** 008
4/22/2011
3:00 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 ~ 66007]
This Agreement ("Agreement") is made for reference purposes as of this i-{ rA day of
A F'r-I ( ,2011, (hereinafter "Reference Date") by and between Todd and Yvonne Quilici
("Owner"), and City of Gilroy, a municipal corporation ("City"), affecting the real property
located at 9230 Mahogany Court in 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, of the type specified and enumerated in Exhibit B attached hereto (the
"Development Fees"). The amounts of Development Fees shown on Exhibit B attached hereto
reflect the amounts in effect on the Reference Date of this Agreement, and do not necessarily
reflect the amounts of such Development Fees that will be in effect as of the date that building
permits are issued for all or any portion of the project to be developed on the Property.
The City currently requires that developers of new residential units pay the Development
Fees in the amount in effect at the time of issuance of building permits for construction of such
residential units, said payment due at the time of issuance of said building permits.
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:
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1. The Development Fees due to the City for a residential unit to be constructed on
the Property (a "Residential Unit") shall be the amounts of such Development Fees in effect as
of the date that the building permit for such Residential Unit is issued by the City. Owner
acknowledges and agrees that such amounts may not be in the amounts shown on Exhibit B
attached hereto, but may be more or less than the amounts shown on said Exhibit B. Subject to
the provisions set forth hereafter, the Development Fees due for a Residential Unit upon issuance
of a building permit for such Residential Unit shall be deferred until the date of the final
inspection or the date a certificate of occupancy is issued for such Residential Unit, whichever
occurs first, and Owner shall pay said Development Fees prior to or upon the applicable deferred
due date in the amounts established by the City as of the building permit issuance date. The City
may withhold the final inspection approval or the certificate of occupancy for a Residential Unit,
whichever approval determines the deferred due date, until the Development Fees due for such
Residential Unit are paid in full. Notwithstanding the above, deferral of Development Fees
pursuant to this Agreement shall terminate on June 30, 2012 as to this Residential Unit if it is not
yet constructed and for which building permits are not then in effect, and thereafter the
Development Fees in effect at the time of issuance of the building permit for such Residential
Unit shall not be deferred and shall be due upon issuance of such building permit.
2. City shall cause this Agreement to be recorded in the office of the county recorder
of Santa Clara County, California in the grantor-grantee index in the name of the City of Gilroy
as grantee and in the name of the Owner as grantor. This Agreement shall not be effective unless
and until it is signed by City and Owner and recorded as required by the prior sentence.
3. As recorded, this Agreement shall constitute a lien against the Property,
enforceable against all subsequent owners of all or any portion of the Property, 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 specific types of Development Fees identified on Exhibit B. Nothing
contained in this Agreement shall be deemed to grant to Owner or anyone else the right to obtain
any building or other permits or any other City approval with respect to the Property.
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.
IN WITNESS WHEREOF, Owner and City have caused this Agreement to be executed as ofthe
dates set forth besides their signatures below.
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Dated:
1(L(/1
Dated: 1- 1/- /1
Dated:
APPROVED AS TO FORM:
\/J " /# I{, f"if!
"X ~,li' . C tL-L Lv,--
,-~. "-,
Linda A. Call on
City Attorney
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032311-04706083
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By: ~~~ ~'/~
Name: Todd Quilici
Title: Owner
By:
Yvonne Ouilici
Title: Owner
3
STATE OF CALIFORNIA
COUNTY OF StVt+o. C\c-fC\
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ss.
On Apr; I Y1 ~()\\ , before me, 'SM\clrc\ t. Nc\~t"
Notary Public, personally appeared YVonf\~ f1u; 1',(" ') , who proved to
me on the basis of satisfactory evidence to be the person(t) whose nameCsJ isWe subscribed to
the within instrument and acknowledged to me that he'/she/theY executed the same in
b?S/her/tQ.eir authorized capacity(ieS), and that by Im7her/tbei'r signature~) on the instrument the
person(,g), or the entity upon behalf of which the person(.g) 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.
~rJMt
(Signature)
~
tlov~
(Seal)
.
SANDRA E. NA~
Commission # 19011'1
NotIr, Public . CIIifonIIa
SIntI C..... COUIItJ
11
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STATE OF CALIFORNIA
c
COUNTY OF .::.Ja.014 C(u('G...-
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ss.
On AFt \ YI2-0\\ , before me, SC\hdro f. {\jCtVC\
Notary Public, personaily appeared If) cAd 0. u ; \ ; c ; , who proved to
me on the basis of satisfactory evidence to be the person(;g') whose name(.i) is/are subscribed to
the within instrument and acknowledged to me that he/sire/they executed the same in
his/bet/their authorized capacityves), and that by his/her/theIr signature{s) on the instrument the
person(g), 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.
~~ f'. MU7c
(Signature)
(Seal)
e SANDRAE.NAVA
Commission # 1908181
Notary Public . California
Santa Clara COunty
M Comm. Ire. Now 11 2014
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STATE OF CALIFORNIA
COUNTY OF 'Sa. (\ T &., c..(Q f4....
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ss.
r \
On Aft'll \ ~ '2-C.li \ , before me, ::-" i' '7 r" l';. N ~v ;,
Notary Public, personal1ly appearedTh DI'V\a. \ .:r. i-b..,'1" v.'l.:\ , who proved to
me on the basis of satisfactory evidence to be the person~ whose name(.g) is/~ subscribed to
the within instrument and acknowledged to me that he/ske/thq executed the same in
his/her/tMir authorized capacity(ieS), and that by his/~r/their signature(g) on the instrument the
person(i), 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.
~~~ ~. l~
(Signature)
(Seal)
e
SANDRA E. NAVA
COIIIIIiIIioft 11 1101111
NotIrr ItIIIIIc . CIIifonIia
SIMa Clara COUIIIr
C . 14
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EXHIBIT A
(Legal Description of Property)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY
OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND
IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
Lot 46, of Tract 9473, as shown on the Map of Tract 9473 filed for record on
August 9, 2005 in Book 789 of Maps, at Pages 37 through 50, Santa Clara County
Records.
PARCEL TWO:
Non-exclusive easements for ingress, egress, use and enjoyment, in and to the
"Common Area" as defined in the Declaration of Covenants, Conditions and
Restrictions for Gilroy Country Oaks Estates, recorded November 6, 2006 as
Document No. 19177633, Official Records, Santa Clara County.
APN: 783-72-046
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EXHIBIT B
Development Fees Per Lot as of the Reference Date of this Agreement
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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