Village Green at Gilroy, LP - First Amendment to Regulatory Agreement
INSURED G~Jd en;
CHiCAGO Tlirri ~ lZ::.;;)o7
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DOCUMENT: 16040042 Titles: 1/ Pages 12
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020-6141
Attn: City Clerk
11I11I111111111111111111
* No Fees
Fees, ,
Taxes, ' ,
Copies,
AMT PAID
;0;0016040042;0;
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Chicago Title
RDE ** 006
1/03/2002
8:00 AM
NO FEE PER GOVERNMENT CODE
SECTIONS 6103 AND 27383
FIRST AMENDMENT TO REGULATORY AGREEMENT
(Amending and Restating Impact Fee Rider Only)
This First Amendment to Regulatory Agreement is made by and between Village Green
at Gilroy, LP ("Owner") and the City of Gilroy (the "City"), and hereby amends that certain
Regulatory Agreement and Declaration of Restrictive Covenants (the "Regulatory Agreement")
dated as of December 4,2001, made by Owner and the City, and recorded as Instrument No.
15999703 in the Official Records of Santa Clara County, California. The Regulatory Agreement
affects that certain real property more particularly described on Exhibit "A" attached hereto and
incorporated herein. Owner and the City hereby agree that the Regulatory Agreement is and
shall be amended as follows:
The Development Impact Fee Rider (the "Rider") attached to the Agreement is and shall
hereby be superceded, amended and restated in its entirety with the following language:
1. Defmitions. Terms used in this Rider as defmed terms shall have the meanings
given those terms in the Regulatory Agreement. In addition, the following terms
shall have the following meanings:
"Development Impact Fee" means each of the following fees. Current charges on the
Project at this time are as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Parks and Recreation
Schools
Traffic Fees
Law Enforcement Facilities
Fire Facilities
Waste Water Treatment
Waste Water Collection
Drainage Facilities
Public Facilities
Total
$ 442,950
17,331
266,325
225,225
17,550
108,975
287,700
4,688
78,825
$ 1,449,569
The Development Impact Fees are imposed pursuant to of Section 66000 et seq. of the
State Government Code and the Gilroy City Code.
"Reconstruction Event" means any rebuilding or reconstruction of the Project pursuant
to a new building permit, after demolition or destruction of all or substantially all ofthe Project
for any reason.
"Reimposition Event" means a Reconstruction Event or a Use Change Event.
"State Government Code" means the Government Code ofthe State of California.
"Use Change Event" means any change in the use of the Project from multi-residential
affordable housing.
2. Applicability. The provisions ofthis Rider shall supplement the provisions ofthe
Regulatory Agreement.
3. Payment of Development Impact Fees. The Owner shall pay each Development
Impact Fee in connection with the Project upon each occurrence of any
Reimposition Event. Notwithstanding the foregoing, each Development Impact
Fee shall be assessed only once in connection with a Use Change Event that
occurs in conjunction with a Reconstruction Event. In the case of a
Reconstruction Event, each additional Development Impact Fee shall be due and
payable upon issuance of the new building permit. Each additional Development
Impact Fee shall be calculated for the Project based upon fee schedules and rates
applicable at the time such Reimposition Event occurs, and no credit shall be
given for any Development Impact Fee previously paid by the Owner.
4. Indemnification by Owner. The Owner hereby agrees to indemnify and defend
with counsel acceptable to City and hold harmless the City and the City's officers,
members, commissioners, directors, officials, employees and agents from and
against any and all claims, demands, causes of action, proceedings, injuries and
damages of any kind which result or arise out of the terms of the Rider; and all
reasonable costs and counsel fees incurred in defense of such a claim. Without
limitation on the foregoing, the Owner hereby fully and unconditionally releases
City from, and waives any and all claims, demands, causes of action, injuries,
damages, and federal or state constitution or statute, including without limitation,
those asserted under Section 66000 et seq. of the State Government Code.
5. Reconstruction Event Not Applicable to Natural Disaster. The parties hereby
agree that the payment of the Development Impact Fees set forth herein shall not
be imposed upon a Reconstruction Event caused by a natural disaster, as declared
by the Governor of the State of California, in accordance with California
Government Code Section 66010 et Seq.
6. Rider Termination In the Event of a Tax Law Change. In the event that legal
authority is published that clearly provides that the Owner may include the
Development Impact Fees in eligible basis under Internal Revenue Code Section
42( d), this Rider shall terminate.
7. Counterparts. The parties hereto agree that this Rider may be executed in
counterparts, each of which shall be deemed an original, and said counterparts
shall together constitute one and the same Agreement, binding all of the parties
hereto, notwithstanding that all ofthe parties are not signatories to the original or
the same counterparts. For all purposes, including, without limitation, recordation,
filing and delivery of this instrument, duplicate, unexecuted and unacknowledged
pages of the counterparts may be discarded and the remaining pages assembled as
one document.
In witness whereof, the City and Owner have executed this First Amendment to
Regulatory Agreement as ofthe H~ay of /){ (Cnc&v ,2001.
(L u ()\,Sv'\.T G Co N tV C.LL1 7 By:
Its: Ac-~; Y\..j
Attest:. _J t) . )
~/~ ~~/0r--.
City Clerk
Approved As to Form:
ebtl1/~1\J,J
~ CI~TORNEY
Dated: (1 i1- '~'l5{ ,2001
VILLAGE GREEN AT GILROY, LP,
a California limited partnership
Affordable Housing Access, Inc.,
a California nonprofit corporation
Its Managing General Partner
By: Jonathan B. Webb
Its: Executive Director
DMA Gilroy Partners, LLC
Its General Partner
By: John Andreini
Its: Manager
By: Al DeFrancesco
Its: Manager
10566915Vl
In witness whereof, the City and Owner have executed this First Amendment to
Regulatory Agreement as ofthe _ day of ,2001.
Attest:
CITY OF GILROY, a municipal corporation
By:
Its:
City Clerk
Approved As to Form:
CITY ATTORNEY
Dated:
,2001
VILLAGE GREEN AT GILROY, LP,
a California limited partnership
Affordable Housing Access, Inc.,
a California nonprofit corporation
Its Managing Gene I Partner
By:
Its:
DMA Gilroy Partners, LLC
Its General Partner
By: John Andreini
Its: Manager
By: Al DeFrancesco
Its: Manager
In witness whereof, the City and Owner have executed this First Amendment to
Regulatory Agreement as of the _ day of , 2001.
Attest:
CITY OF GILROY, a municipal corporation
By:
Its:
City Clerk
Approved As to Form:
CITY ATTORNEY
Dated:
,2001
10566915Vl
VILLAGE GREEN AT GILROY, LP,
a California limited partnership
Affordable Housing Access, Inc.,
a California nonprofit corporation
Its Managing General Partner
By: Jonathan B. Webb
Its: Executive Director
A Gilroy Partners, LLC
eneral Partner
'----
ohn Andreini
anager
By: Al DeFrancesco
Its: Manager
Dee-IS-OJ lO:32A
Tn wltni:SS whereof. the City and Owner have executed this H1St Amendment to
R~gulalor~< Agr~~mcnl us ol"the _ dl1Y of" ,200L
Attest:
City CloJrk
f\pprovcd As ro l:orm:
CITY iHTOH.NliY
Duteo:
l t}')(J:~..ll~ V I
CllY OF GILROY, [t mLll1ii.:tpuJ t:Orpurut!Oll
By:_
its:
.2001
VILLAGE GREE~ AT GII.ROY, LP,
('\ Californ.i~ limited partnership
AILmJable Housing Acces:50, h~c.,
a California Ilonprolil corpm:ltio~l
Its Managing Gen~ra] P~rtneJ'
By: Jmmthu!1 R. Webb
Irs: ExeeuLl \'e Dlret:tor
D]\11A Gilroy Partners, LLC
Its (JctI\::l'al Partner
By: John Andreini
a:&
il~-~MDCf'nrnct:sco
fls: ~1anager
P.05
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STATE OF CALIFORNIA
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COUNTY OF or~~
On ~. \<6 I ~O\ , before me,
appeared JO~ & . Wu,b ,
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Comm.#1187218 Ul
NOT ARY PUBLIC. CALIFORNIA _
Orange County ...
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proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) is/are subscribed to the within
instrument and acknowledged to me that
he/she/they executed the same in
his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on
the instrument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
fficial seal.
STATE OF CALIFORNIA
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COUNTY OF
On
appeared
, before me,
, personally
o personally known to me -OR- 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) is/are subscribed to the within
instrument and acknowledged to me that
he/she/they executed the same in
his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on
the instrument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
SIGNA TURE OF NOTARY
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to fill in the data below, doing so may
prove invaluable to persons relying on the
document.
o INDIVIDUAL
I)ZI CO~ORA~ OFFICE~)
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Title(s)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s).or Entity(ies)
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CCiMS, tV't-.
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to fill in the data below, doing so may
prove invaluable to persons relying on the
document.
o INDIVIDUAL
o CORPORATE OFFICERS(S)
Title(s)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
STATE OF CALIFORNIA
COUNTY OF SA AI !J/ i-1 n-o
SS.
On D~, \ 'lld-OO I ,before me, t\ {iN€d'1. H1JJteJ)()personally
appeared ::::i?J HN AN hR..p,,,J,/
~ personally known to me -OR- D
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.~ DIANE M. FAJARDO
COMM. '1293797 I
i ~ NOTARY PU6UC.~ -
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STATE OF CALIFORNIA
COUNTY OF
On
appeared
proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) is/are subscribed to the within
instrument and acknowledged to me that
he/she/they executed the same in
his/her/their authorized capacity( ies),
and that by his/her/their signature(s) on
the instrument the person( s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
ESS my hand and official seal.
L/ /l/lt
SS,
, before me,
, personally
D personally known to me -OR- D proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) is/are subscribed to the within
instrument and acknowledged to me that
he/she/they executed the same in
his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on
the instrument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to fill in the data below, doing so may
prove invaluable to persons relying on the
document
o INDIVIDUAL
o CORPORATE OFFICERS(S)
Title(s)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERV A TOR
o OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to fill in the data below, doing so may
prove invaluable to persons relying on the
document
o INDIVIDUAL
o CORPORATE OFFICERS(S)
Title(s)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDlAN/CONSERV A TOR
o OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
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I ------ '
ST ATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: First Amendment to Regulatory Agreement (Amending
and Restating Impact Fee Rider Only) between Village
Green at Gilroy, LP and the City of Gilroy
On December 18,2001, before me, Rhonda Pellin, Notary Public, personally appeared Robert J.
Connelly personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
JiI." :..=:.- f
'fit' ""PubIIc - Cdfanlil I
L__~~~;I
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
15999J_A~. ~)~O_02L12:26PM-CHICAGO TITLE
NO. 3256-P. 1/1
Didor No. 876SCr1 . LM
LBGALDESCRIPTION
All tba~ certain Real Property in the ciey of Gilroy, couney of Santa Clara, Staee
of California, described &s follows:
l?arcel One
All of Lots 2 8l\d 3 as shown upon that certain Map entitled, ~Tract No. 9374 The
Village Green-, which Map was filed for record November 26, 2001, in Book 745 of
Mapa, pages 13, 14, 1.5, lEi and 17, Instrument No. 15975553, Santa Clara county
Records.
Parcel TWO
A non-exclusive easement for ingress and egress over those private Street9 shown as
street "AD, Street RBR and Street -C" upon that certain Map entitled, "Trace NO.
93'74 '!"he Village Green", which Map was filed for record ~er 26, 2001, in Book
745 of MapS, pages 13, 14, 1.5, 16 and 17, ~Dstrument No. 15915553, santa Clara
county Records.
Parcel Three
Non-exclusive easements as contained in that cereain Instrument entitled
.MemOrandum of Shared Use Agreement (private Streets and Entry Fac~11tieB)R
recorde.d December? 2001, :Instrument Ho. 15"/{fe;1DO ' Official. Recorde of santa
Clara county.
parcel Four
Non-exclusive easements as contained in that certain Instrumene eneitl.ed
"Memor.andum of Shared Use Agreement (parking Areas). recorded December 7, 2001,
Instrument: lila. ifti'l9=to ( , Official Records of santa Cl.ua county.
Parcel Five
Hon-exclusive easemenee as contained in that cereain :Enaerwnent entitled
-Memorandum of Shared Use Agreement (Recreat:1onal. Facilieies)n recorded December 7,
.3001, Inst.rument No. If'if'l7-02.. , Official Records ot Santa Clara county.
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