Fee Deferral Agreement - William Lyon Homes, Inc.
DOCUI~ENT: 20852501 Pages:
IIIIBIIIII~III~ 6
Fees. * No Fees
RECORDING REQUESTED BY AND Taxes.
WHEN RECORDED MAIL TO: Copies.
AMT PAID
City of Gilroy REGINA ALCOMENDRAS
7351 Rosanna Street SANTA CLARA COUNTY RECORDER ROE # 010
Gilroy, CA 95020 R~corded at the request of 9/01/2010
Attn: City Clerk City 11 :25 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 21 st day of June, 20 10, by and between
William Lyon Homes, Inc., a California corporation ("Owner") and the City of Gilroy, a
municipal corporation ("city") affecting the real property commonly refer erred to as Tract 9559
Rancho Hills/Deerpark Phase II, Gilroy, California (the "Property"), as more particularly I
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, inc'iuding 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 of the Development Fees until the date ofthe 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
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 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 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 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: le).q....;;l.Ol iJ
William Lyon Homes, Inc., a California
::~~~
Name: J;_J~ 1M Lo}L""
Title: A.;...L-i- S~~.ll
Dated:~
GILROY, a municipal corporation
By:
Thomas 1. Haglund, City Administrator
APPRdtD AS TO FORM:
(X~~ u. evttK'-
Linda A. CaUon
City Attorney
2
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Gilroy, County of Santa Clara, State of California, described as
follows:
LOTS 57 THROUGH 61, 77 THROUGH 86, 97 THROUGH 101 AS SHOWN ON THAT
CERTAIN MAP ENTITLED "TRACT NO. 9559 RANCHO HILLS/DEER PARK", WHICH
WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA ON AUGUST 20, 2004, IN BOOK 774 OF MAPS, PAGES 1
THROUGH 13.
3
EXHIBIT B
(Development Fees Per Lot)
Public Facilities - Residential Low Density
Sewer - Residential Low Density
Traffic - Residenital Low Density
Water - Residential Low Density
TOTAL
4
$21,5856.00
$12,531.00
$11,487.00
$ 5.236.00
$50,840.00
STATE OF CALIFORNIA
COUNTY OF ~V'\\'V 0.. c.()&t~ }
ss.
On ounQ. 2q 1 2,.O\\) , before me, c.~\''n~ Siw'Q.. Co..tdosO ,
Notary Public, personally appeared T i Wl \.-\,c!"~Q.\ C~r~o r'\ , who proved to
me on the basis of satisfactory evidence to be the person~ whose name~ is/a,,(: subscribed to
the within instrument and acknowledged to me that hel3fieithey executed the same in
hislherffiteK authorized capacity(id), and that by his/hcrlthc.h signature~ on the instrument the
person(.8?, or the entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
l'
-
~~~~
(Signature
(Seal)
(I OFFICIAL SEAL
. , : CATHY SILVA CARDOSO
5 ~t.,~:. NOTARY PUBUC - CALIFORNIA
. ~"" COMMISSION # 1698712
CONTRA COSTA COUNTY
All My Commission Exp. October 13. 2010
5
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE i 1189
County of
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State of California
On fuA~lt.S1" 10,'2010 before me,
Date
personally appeared '\ h D t'Y'\ a. ,$
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Here Insert Name and Title of the Officer
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Name(s 0 Signer(s)
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who proved to me on the basis of satisfactory
evidence to be the personLs') whose name~ is/~
subscribed to the within instrument and acknowledged
to me that he/s~/~y executed the same in
his/De'f/tReir authorized capacity(jeg), and that by
his/j)er/t~r signature(g) on the instrument the
person~), or the entity upon behalf of which the
person<J) 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.
Place Notary Seal Above
Signature:
OPTIONAL
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Signature of Notary Public
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 Document r
Title or Type of Document: "F -€ IE.... \) e '\ ~ c(' cd
:r u. f\ e '2r \, &.0 \ 0
Signer(s) Other Than Named Above: \ \ Mo~hj
Capacity(ies) Claimed by Signer(s)
Signer's Name: ~D (YH^ s5. 0C\l) \ vnJ_
D Corporate Officer - Title(s):
D Individual
D Partner - D Limited D General Top of thumb here
D Attorney in Fact
D Trustee
D Guardian or Conservator
~ Other: C\401 Adm', nistr 1?J(
Document Date:
A~ fee ME'V\+
NumberofPages:~
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RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
D Corporate Officer - Title(s):
D Individual
D Partner - D Limited D General Top of thumb here
D Attorney in Fact
D Trustee
RIGHT THUMBPRINT
OF SIGNER
D Guardian or Conservator
D Other:
Signer Is Representing:
Signer Is Representing:
@2010 National Notary Association' NationaINotary.org' 1-800-US NOTARY (1-800-876-6827)
Item #5907