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Fee Deferral Agreement - Shapell Homes <60 DOCUMENT: 20922673 Pages: 7 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1\11111 m 1\1111\\ 00 \I Fees. . . . Taxes. . Copies. AMT PAID 33.00 33.00 City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attn: City Clerk REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE ** 001 10/21/2010 11: 52 AM 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 this I (p1H day of J..u.L'1 ' 2010, by and between Shapell Homes, a Delaware corporation ("Owner"), and City of Gilroy, a municipal corporation ("City"), affecting the real property commonly referred to as Creekside @ Eagle Ridge, 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 ofthe 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 ofthe 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 lLAC\822924.1 062310-04706089 1 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 ofthe 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 ofthe 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 ofthe 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 ofthe obligation under this Agreement upon payment in full ofthe Development Fees for the entire Property. Upon payment in full ofthe Development Fees owed for a single lot comprising the Property and described on Exhibit A, the City shall record a partial release ofthe 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 ofthe date first written above. Dated: /}~/;o r I '1~ n i</l;oo r~ Evf/~~ By: Name: Title: Dated: q,1/ b II 0 APPROVED AS TO FORM: :f<~~,~ Linda A. Callon City Attorney lLAC\822924.1 062310-04706089 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 52 THROUGH 62, INCLUSIVE, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT 9701 CREEKSIDE AT EAGLE RIDGE", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON AUGUST 16,2005, IN BOOK 790 OF MAPS, PAGES 7 THROUGH 15. lLAC\822924.1 062310-04706089 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 J5.236.00 Total $51,162.00 lLAC\822924.1 062310-04706089 4 " SHAPELL HOMES, INC. Certificate of Corporate Resolution I, David Ciabattari, Secretary of Shapell Homes, Inc., a Delaware corporation (the "Corporation"), DO HEREBY CERTIFY that the following is a true and complete copy of resolutions adopted by the Board of Directors of the Corporation on July 7, 2010, and that said resolutions have not been rescinded, revoked, amended or modified in any respect and remain in full force and effect as of the date hereof: RESOLVED, that the Fee Deferral Agreement between this Corporation and the City of Gilroy in the form attached hereto as Exhibit A, is hereby approved, and the officers of this corporation are, and each individually is, authorized and instructed, for and in the name of this Corporation, to execute and deliver such Agreement in substantially the form as contained in Exhibit A attached hereto, with such changes thereto as the person executing the same shall approve, such approval to be conclusively evidenced by the execution and delivery thereof; and RESOLVED FUTHER, that Robert Moore, Vice President of the Corporation, or any officers of this Corporation be, and each acting alone is, hereby authorized, empowered and directed, for and on behalf of this Corporation, to take or cause to be taken any and all actions, including, without limitation, the execution, acknowledgement, filing, amendment and delivery of any and all papers, agreements, documents, instruments and certificates, and the payment of such sums, as such officers may deem necessary or advisable to carry out and perform the obligations ofthis corporation under such Agreement and consummate the transactions contemplated therein. IN WITNESS WHEREOF, the undersigned has set his hand and affixed the seal of this Corporation this 8th day of July, 2010. ~ David Ciabattari Secretary ~--- ",/. ,----- ~. ~~-: [SEALj M:\Legaf\2015 Shapell Homes, Inc\2016.03 Resolution.s\Secretarial Certificate re Fee Deferral Agreement 07.07.10.doc ,- STATE OF CALIFORNIA COUNTYOF$~. {&,~ } ss. On ~ /b..Jt/O ,before me, ~.!, ~~ , Notary Public, pers ally appeared J2krl p. At60re... , who proved to me on the basis of satisfactory evidence to be the perso~ whose nam~~ subscribed to the within instrument and acknowledged to me that ~~/the) executed the same in ~authorized capacit~, and that b~/h.e&:.4Beir signatur~ on the instrument the perso~, or the entity upon behalf of which the perso~ 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. --!u~7/L ~ (Signature) (Seal) jAi....AA.A_A.~..... Q TUYEN L MAl _ Commission # 1826455 I ~ ..,,; Notary Public - California ~ j. Santa Clara County ~ ~ ~ . . ~ ~MI ~o~n; :x~r~s ~e~ ~2..2~1~( lLAC\822924.1 062310-04706089 5 ...' .' STATE OF CALIFORNIA COUNTY OF Sa"..,.-\- Co, ( \l\.r C;. } ss. On ALA~ w.; -t 10 I 2--0 I 0 , before me, S c\ '" d t't\ E', N u... v (t , Notary Public, personally appeared 'Tv'Ii?fV1.o.5:J, 1icA.~ iLAf'\d , who proved to me on the basis of satisfactory evidence to be the person(~ whose name~ is/are subscribed to the within instrument and acknowledged to me that he/s.he/tl)ey executed the same in hislijer/their authorized capacity(~), and that by hisll)et/thefr 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. _~ f ,/Ut~t:l (Signature) (Seal) r ~.. ~ - - - S~~D~;; ~;v~ ~ ~ ~t Q Commlaalon /I 1704196 i Notary Public - California I Santa Clara County - t ~ ~ ~ ~ ~~~~~11;~~0 J lLAC\822924.1 062310-04706089 6