Fee Deferral Agreement - Shapell Homes
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DOCUMENT: 20922673
Pages:
7
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
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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
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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:
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'1~ n i</l;oo r~
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By:
Name:
Title:
Dated:
q,1/ b II 0
APPROVED AS TO FORM:
:f<~~,~
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 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.
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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
J5.236.00
Total
$51,162.00
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"
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
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STATE OF CALIFORNIA
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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.
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(Signature)
(Seal)
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STATE OF CALIFORNIA
COUNTY OF Sa"..,.-\- Co, ( \l\.r C;.
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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.
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(Signature)
(Seal)
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Q Commlaalon /I 1704196
i Notary Public - California I
Santa Clara County -
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