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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 \LAC\830493.1 100710-04706089 1 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 \LAC\8304911 100710-04706089 2 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. \LAC\830493.1 100710-04706089 3 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 \LAC\8304911 100710-04706089 4 STATE OF CALIFORNIA COUNTY OF A\o-Yyy.-e\a. } 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 .... .... .... ..... .... .... ... \LAC\830493.1 100710-04706089 5 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. Top of thumb here 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 Top of thumb here Signer Is Representing: Signer Is Representing: ~~~^QV~^QV~~~~ @2007 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