25246280 - Agreement to Secure Payment of Development Impact Fees - Evergreen-10th & Chestnut, LLC - Recorded 02/23/2022**This document was electronically submitted
to Santa Clara County for recording**
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Gilroy
7351 Roseanna Street
Gilroy, CA 95020-6141
Attn: City Clerk
(No recording fee pursuant to Gov.
Code, §s3 6103, 27383 & 27388.1)
25246280
Reg ina Alcomendras
Santa Clara County - Clerk -Recorder
02/23/2022 02:30 PM
Titles: 1 Pages: 18
Fees: $0.00
Tax: $0
Total: $0.00
Space Above This Line for Recorder's Use Only
AGREEMENT TO SECURE PAYMENT OF
DEVELOPMENT IMPACT FEES
This Agreement to Secure Payment of Development Impact Fees (this "Agreement") is
entered into on February 15, 2022 by and between the City of Gilroy, a California charter
city (the "City") and Evergreen-10th & Chestnut, LLC, an Arizona limited liability company
("Developer") (collectively with the City, the "Parties," each a "Party"), with respect to
the following facts:
A. Developer is currently in escrow to purchase that certain real property more
particularly described in Exhibit A hereto (the "Property"). The Property is currently
developed with approximately 21,310 square feet of existing commercial facilities (the
"Existing Facilities").
B. Developer has applied for and has received certain land use entitlements (the
"Project") to subdivide the property into six (6) lots (each, a "Lot") and to .develop the
Property with commercial uses, currently intended to include a minimarket and gas
station, restaurant facilities, a car wash, and a hotel. Developer intends to demolish
the Existing Facilities as part of the Project. The Parties anticipate that Developer will
market and sell individual lots within the Project prior, during or after their
development.
C. As a condition of Project approval, Developer is required to pay certain transportation
impact mitigation fees and to fund and/or construct certain off -site transportation
mitigation improvements. The purpose of this Agreement is to memorialize and
secure Developer's obligations in this regard, and more particularly to fix and achieve
clarity on Developer's obligations regarding the payment of fees and providing for
traffic mitigations, with appropriate flexibility considering the expected sale of parcels.
D. Among Developer's obligations is the payment of Transportation Impact Fees ("TIF")
in amounts approved by the Gilroy City Council as set forth in the City's master fee
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Gilroy
7351 Roseanna Street
Gilroy, CA 95020-6141
Attn: City Clerk
(No recording fee pursuant to Gov.
Code, §4 6103. 27383 & 27388.1)
Space Above This Line for Recorder's Use Only
AGREEMENT TO SECURE PAYMENT OF
DEVELOPMENT IMPACT FEES
This Agreement to Secure Payment of Development Impact Fees (this `Agreement") is
entered into on February 15, 2022 by and between the City of Gilroy, a California charter
city (the "City") and Evergreen-10th & Chestnut, LLC, an Arizona limited liability company
("Developer") (collectively with the City, the "Parties," each a "Party"), with respect to
the following facts:
A. Developer is currently in escrow to purchase that certain real property more
particularly described in Exhibit A hereto (the "Property"). The Property is currently
developed with approximately 21,310 square feet of existing commercial facilities (the
"Existing Facilities").
B. Developer has applied for and has received certain land use entitlements (the
"Project") to subdivide the property into six (6) lots (each, a "Lot") and to develop the
Property with commercial uses, currently intended to include a minimarket and gas
station, restaurant facilities, a car wash, and a hotel. Developer intends to demolish
the Existing Facilities as part of the Project. The Parties anticipate that Developer will
market and sell individual lots within the Project prior, during or after their
development.
C. As a condition of Project approval, Developer is required to pay certain transportation
impact mitigation fees and to fund and/or construct certain off -site transportation
mitigation improvements. The purpose of this Agreement is to memorialize and
secure Developer's obligations in this regard, and more particularly to fix and achieve
clarity on Developer's obligations regarding the payment of fees and providing for
traffic mitigations, with appropriate flexibility considering the expected sale of parcels.
D. Among Developer's obligations is the payment of Transportation Impact Fees (" TIF")
in amounts approved by the Gilroy City Council as set forth in the City's master fee
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schedule. The Project will be entitled to a credit in an amount to be determined by
the City toward the amount of TIF owed (the "TIF Credit") for the demolition of the
Existing Facilities.
E. The Project will result in queuing deficiencies at the intersections of Tenth Street at
Monterey Road and Chestnut Street. As a condition of Project approval, Developer is
required either to enter into a separate improvement agreement with the City for the
performance of improvements necessary to mitigate these queueing deficiencies (the
"Off -Site Mitigation") or to fund their cost in the amount of One Hundred Sixty -Eight
Thousand Four Hundred and 00/100 Dollars ($168,400.00) (the "Off -Site In Lieu
Fee"). This obligation is in addition to payment of TIF.
F. The Project and the cumulative impact of other approved and pending projects in the
vicinity will create additional queuing deficiencies requiring a second westbound left -
turn lane from Tenth Street at the intersection of Chestnut Street. Providing this
additional left -turn lane will require the widening of Tenth Street along the frontage
of the Property (the "Street Widening Project"). The Parties have determined that
Developer's fair share of the cost of the Street Widening Project is One Hundred Ninety
Thousand Five Hundred and 00/100 Dollars ($190,500.00) (the "Fair Share Amount").
As a condition of Project approval, Developer is required to pay this amount in addition
to TIF.
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration received, the sufficiency of which is hereby acknowledged, the Parties
agree as follows:
Article 1
General Provisions
1.1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
1.2. Definitions. When capitalized, the following terms shall have the following meanings:
a. "Agreement" is defined in the opening paragraph.
b. "City" is defined in the opening paragraph.
c. "Developer" is defined in the opening paragraph.
d. "Developer Obligations" means collectively the payment of TIF (less the TIF
Credit), Developer's performance of its obligations under the Off -Site Election
(defined below), and the payment of the Fair Share Amount.
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e. "Entitlement Date" means the date by which Developer was granted all land use
entitlements from the City to construct the Project, exclusive of building, grading,
or demolition permits.
f. "Existing Facilities" is defined in Recital A.
g. "Fair Share Amount" is defined in Recital F.
h. "Lot" is defined in Recital B.
i. "Off -Site Election" means Developer's election to pay the Off -Site In Lieu Fee or to
construct the Off -Site Mitigation pursuant to a recorded improvement agreement
between the Parties, the form of which shall be subject to the review and approval
of the City Attorney.
j. "Off -Site In Lieu Fee" is defined in Recital E.
k. "Off -Site Mitigation" is defined in Recital E.
I. "Owner(s)" means Developer or a subsequent owner of the Property (or any
relevant portion thereof) at the time of the occurrence of some specified event or
circumstance.
m. "Project" is defined in Recital B.
n. "Party" and "Parties" are defined in the opening paragraph.
o. "Property" is defined in Recital A.
p. "Security" means either, (i) a letter of credit, which shall be approved as to form
by the City Attorney and from an investment grade financial institution approved
by the City, or (ii) any other form of security approved by the City in its sole
discretion.
q. "Street Widening Project" is defined in Recital F.
r. "TIF" is defined in Recital D.
s. "TIF Credit" is defined in Recital D.
t. "TIF Balance is defined in Section 2.1.c.
u. "TIF NTE Amount" means an amount not to exceed One Million Six Hundred Forty -
Two Thousand Six Hundred Seventy -Seven and 00/100 Dollars ($1,642,677.00).
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1.3. Exhibits. The following exhibits are attached hereto and incorporated herein by this
reference:
Exhibit A: Legal Description of Property
Exhibit B: Labor Code Compliance Requirements for Off -Site Mitigation
Exhibit C: Form of Release
2.1. Payment of TIF.
a. The Owner shall pay any TIF due in connection with any facility within the Project
prior to issuance of building permits for the facility.
b. The TIF Credit shall be credited to the TIF owed by any Owner who, having
received all necessary permits or approvals from the City to do so, demolishes the
Existing Facilities.
c. On or before June 30, 2024, Developer shall pay the City an amount equal to
the difference between, (i) the TIF NTE Amount, and (ii) the total amount to date
paid in TIF by any and every Owner plus the amount of the TIF Credit; provided,
however, that in no event shall Developer be entitled to a refund of TIF. Thus, for
example, if on June 30, 2024, the total amount in TIF paid to date by any and
every Owner is One Million and 00/100 Dollars ($1,000,000.00), and if the amount
of the TIF Credit was Two Hundred Eighty -Nine Thousand Two Hundred and
00/100 Dollars ($289,200.00), then the TIF Balance would be Three Hundred Fifty -
Three Thousand Four Hundred Seventy -Seven and 00/100 Dollars ($353,477.00).
The amount due from Developer as determined pursuant to this subsection is
referred to in this Agreement as the "TIF Balance."
d. Following payment of the TIF Balance, no other TIF shall be due and owing for
the Project.
e. If the TIF Credit has not been credited by the date the TIF Balance is due, then
the amount of the TIF Credit shall be determined at the time of payment of the
TIF Balance and shall be used in calculating the amount of the TIF Balance.
f. It is agreed and understood that Developer's promise to pay the TIF Balance is
given in consideration of, (i) certainty as to the maximum amount of TIF due for
the Project, and (ii) the Parties' accord and satisfaction as to the Fair Share
Amount.
2.2. Off -Site Election.
a. Developer shall make the Off -Site Election no later than April 15, 2022.
Developer's failure to pay the full amount of the Off -Site In Lieu Fee as of that
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date shall be deemed an election to enter into an agreement to perform the Off -
Site Mitigation.
b. If Developer elects, or is deemed to elect, to perform the Off -Site Mitigation under
contract with the City, Developer shall enter into and record an improvement
agreement with the City for the work prior to the earlier of, (i) ninety (90) days of
making the Off -Site Election, (ii) July 14, 2022, or (iii) the transfer of all
Developer's interest in the Property.
c. Any improvement agreement entered into between the Parties for the performance
of the Off -Site Mitigation shall be subject to the Labor Code compliance
requirements set forth in Exhibit B.
2.3. Pavment of Fair Share Amount. Developer shall pay the Fair Share Amount to the
City by the later of, (i) sixty (60) days following the Entitlement Date, (ii)
November 19, 2021 or (iii) 15 days following Developer's acquisition of the
Property.
3.1. Security.
a. Unless Developer first satisfies all the Developer Obligations, Developer shall post
Security for the Developer Obligations prior to the later of, (i) thirty (30) days of
the Entitlement Date, or (ii) 15 days following Developer's acquisition of the
Property .
b. Security posted by Developer shall be in the full amount of Two Million One
Thousand Five Hundred Seventy -Seven and 00/100 Dollars ($2,001,577.00),
which is inclusive of, (i) the TIF NTE Amount, (ii) the Off -Site In Lieu Fee, and (iii)
the Fair Share Amount; provided, however, in the event that Developer pays the
Off -Site In Lieu Fee and/or the Fair Share Amount to the City prior to posting the
Security, the amount of Security required to be posted by Developer shall be
reduced by any amount so paid.
c. It is agreed and understood that building permits will not be issued in connection
with the Project until the Security is posted.
3.2. Release of Aareement. With respect to each Lot, upon Developer's or Owner's full
payment of (i) the Off -Site In Lieu Fee, (ii) the Fair Share Amount, and (iii) the TIF
for such Lot, the City shall execute and record a release of such Lot from this
Agreement substantially in the form attached hereto as Exhibit C.
3.3.Obliaation Runs with the Land; Personal Obligation. Developer acknowledges and
agrees that the covenants and conditions set forth in this Agreement shall run with
the land and shall be binding on all and every part of the Property. Developer further
acknowledges and agrees that said covenants and conditions shall also continue and
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remain a personal obligation of Developer. Where Developer, or any successor or
assignee of Developer, consists of more than one person or entity, the obligations
are joint and several.
3.4.Collection. Should any of the Developer Obligations secured by this Agreement not
be performed or paid at the time such performance or payment is due, the City may
pursue collection of the same through all available legal, equitable, or administrative
means, including, without limitation, civil judgement against Developer or
Developer's successors or assigns, or by calling in the Security. The City shall be
entitled to recover its collection costs, including, without limitation, reasonable
attorneys' fees.
4.1.Assianment. Without affecting any rights of the City to recover from any successor
Owner or any successor or assignee of Developer under this Agreement, this
Agreement shall not be assigned or otherwise transferred to a person or entity not
an Owner without the prior written consent of the City. Assignment shall not be
effective until the proposed assignee/transferee executes an assignment and
assumption agreement in a form acceptable to the City Attorney.
4.2.Indemnity. Developer agrees to indemnify, defend, and hold harmless the City, its
officials, employees, and agents (collectively, the "indemnitees"), for any and all
actions, proceedings, damages, liabilities, claims, costs, and attorneys' fees
(collectively, "claims") arising out of, or relating to, this Agreement, excepting any
claims arising from the indemnitees' gross negligence or willful misconduct.
4.3. Modifications. This Agreement may not be modified orally or in any manner other
than by an agreement in writing signed by both parties.
4.4.Interoretation: Third Parties. This Agreement shall not be construed against the
drafter. There are no third -party intended beneficiaries of this Agreement, except
Owner(s).
4.5. Waivers. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or of any other provision of
this Agreement.
4.6. Severabilitv.. Should any provision of this Agreement prove to be invalid or illegal,
the court is authorized and instructed to modify the same to effectuate the original
intent of the parties to the extent possible. It is agreed and understood that the
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paramount purpose for which the Parties have entered into this Agreement is to
secure the performance of the Developer Obligations.
4.7.Attornevs' Fees. The prevailing Party shall have the right to collect from the other
Party its reasonable costs and necessary disbursements and attorneys' fees incurred
in enforcing this Agreement.
4.8. Entire Agreement. This Agreement comprises the entire integrated understanding
between the Parties as to the subject matter hereof, superseding all prior
negotiations, agreements, and understandings regarding this matter, whether
written or oral.
4.9. Governing Law, Jurisdiction, and Venue. This Agreement shall be construed
according to the laws of the State of California without regard to conflict of law
principles. Any suit, claim, or legal proceeding of any kind relating to this Agreement
shall be filed and heard in a court of competent jurisdiction in the County of Santa
Clara.
4.10. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be deemed an original.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF GILROY,
a California charter city
By:1
Ji Forbis, City Administrator
Approved as to Form
By:
Andrew ber, City Attorney
EVERGREEN-10th & Chestnut, LLC,
an Arizona limited liability company
By: Evergreen Development Company-
2019, LLC, an Arizona limited liability
company
Its: Manager
Evergreen Devco, Inc., a California
corporation
Its: Manager
By: (0__
Itspoo& I..v.vesit=rt4Eve.
[Signatures Must Be Notarized]
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E RA MA K R I S H NA N 104706083
ARIZONA NOTARY ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF ARIZONA
COUNTY OF yUq,y P,o �p
}
ss.
APN.:
On(kp y )y11�Z� , before me, ItLIA.r t A 'F: t1YU , Notary
Public, personally appeared , who proved
to me on the basis of satisfactory evid'ence 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.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the
foregoing paragraph is true and correct.
WITNESS y hand and official seal.
•
(Signat re)
My Commission Expires: I1 ilbc 5 pa),
Name: UQ I► A- �• OW)
Notary Registration Number: fM-Q 0 g 7 g
Page 9 of 14
(Seal)
MARIA F CRUZ
Notary Public — Arizona
Maricopa County
My Comm, Expires Jan 5, 2022
This area for official notarial seal
Notary Phone: (002- 1 -14,1't4
County of Principal Place of Business:
V{(C4)p
4824-7910-2454v1
ERAMAKRISH NAN104706083
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Santa Clara
On (Jec�rmge�t 13; Sol., before me, Thai Nam Namy Pham, Notary Public
(insert name and title of the officer)
personally appeared Jimmy Forbis
who 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.
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.
Signature
71AI NAM NAMY PHAM
Notary Public - California
Alameda County
Commission = 2256755
My Co—. Expi,es A,.g 31, 2022
Exhibit A
Legal Description of the Property
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PARCEL ONE:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF GILROY, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, BEING ALL OF THE LANDS OF
CHESTNUT SQUARE, LLC DESCRIBED IN DOCUMENT NO. 19138334, AND A PORTION
OF THE LANDS OF TRIOLO TRUST & 450 EAST, LLC DESCRIBED IN DOCUMENT NO.
20067348, SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LANDS OF CHESTNUT
SQUARE, LLC, THENCE ALONG THE NORTHERLY LINE OF SAID LANDS OF
CHESTNUT SQUARE, LLC, AND ENTERING SAID LANDS OF TRIOLO TRUST & 450
EAST LLC NORTH 70°03'03" EAST, 227.94 FEET;
THENCE SOUTH 19°56'13" EAST, 200.21 FEET TO THE SOUTHERLY LINE OF SAID
LANDS OF TRIOLO TRUST & 450 EAST, LLC;
THENCE ALONG SAID SOUTHERLY LINE OF SAID LANDS OF TRIOLO TRUST& 450
EAST, LLC, AND SAID LANDS OF CHESTNUT SQUARE, LLC SOUTH 70°03'03" WEST,
187.93 FEET;
THENCE ALONG THE WESTERLY LINE OF SAID LANDS OF CHESTNUT SQUARE, LLC
THE FOLLOWING TWO (2) COURSES;
1. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 40.00 FEET, HAVING A
CENTRAL ANGLE OF 90°00'43", AND AN ARC LENGTH OF 62.84 FEET;
2. THENCE NORTH 19°56' 13" WEST, 160.20 FEET TO THE POINT OF BEGINNING.
PARCEL TWO:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF GILROY, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS OF
TRIOLO TRUST & 450 EAST, LLC DESCRIBED IN DOCUMENT NO. 20067348, AND A
PORTION OF PARCELS 1 & 2 OF THE LANDS OF 450 EAST, LLC DESCRIBED IN
DOCUMENT NO. 20067349, SANTA CLARA COUNTY RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF THE LANDS OF CHESTNUT
SQUARE, LLC, DESCRIBED IN DOC. NO. 19138334, COMMON TO THE WESTERLY LINE
OF THE SAID LANDS OF TRIOLO TRUST AND 450 EAST, LLC,
THENCE ALONG SAID WESTERLY LINE NORTH 19°56'13" WEST, 49.79 FEET TO THE
NORTHEASTERLY CORNER OF SAID LANDS OF TRIOLO TRUST AND 450 EAST, LLC;
THENCE ALONG THE NORTHERLY LINE OF SAID LANDS OF TRIOLO TRUST AND 450
EAST, LLC, NORTH 70°03'47" EAST, 60.03 FEET TO THE WESTERLY LINE OF SAID
PARCEL 1 OF THE LANDS OF 450 EAST, LLC;
THENCE ALONG SAID WESTERLY LINE NORTH 70°03'47" EAST, 40.01 FEET;
THENCE ENTERING SAID PARCEL 1, THE FOLLOWING TWO (2) COURSES:
1. SOUTH 19°56'13" EAST, 6.06 FEET;
2. THENCE NORTH 70°03 '03" EAST, 161.36 FEET TO A POINT ON THE EASTERLY
LINE OF SAID PARCEL 1, COMMON TO THE WESTERLY LINE OF SAID
PARCEL 2 OF THE LANDS OF 450 EAST, LLC;
THENCE ALONG SAID COMMON LINE, NORTH 19°56'13" WEST, 35.50 FEET;
THENCE ENTERING SAID PARCEL 2 THE FOLLOWING FIVE (5) COURSES:
1. NORTH 70°03'03" EAST; 36.71 FEET;
2. NORTH 22°09'25" EAST, 58.50 FEET;
3. SOUTH 67°57'04" EAST, 30.00 FEET;
4. NORTH 22°09'25" EAST, 137.71 FEET;
5. THENCE SOUTH 67°50'35" EAST, 193.02 FEET TO A POINT ON THE SOUTHERLY
LINE OF SAID PARCEL 2;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, SAID PARCEL 1, AND
SAID LANDS OF TRIOLO TRUST AND 450 EAST, LLC THE FOLLOWING FOUR (4)
COURSES:
1. SOUTH 22°09'25" WEST, 206.23 FEET;
2. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 350.00 FEET, HAVING A
CENTRAL ANGLE OF 43°04'23", AND AN ARC LENGTH OF 263.12 FEET;
3. SOUTH 65°13'48" WEST, 100.14 FEET;
4. THENCE SOUTH 70°03'03" WEST, 105.63 FEET TO A POINT ON THE SOUTHERLY
LINE OF SAID LANDS OF TRIOLO TRUST & 450 EAST, LLC;
THENCE ENTERING, SAID LANDS OF TRIOLO TRUST & 450 EAST, LLC THE
FOLLOWING TWO (2) COURSES:
1. NORTH 19°56' 13" WEST, 200.21 FEET;
2. THENCE SOUTH 70°03 '03" WEST, 21.28 FEET TO THE POINT OF BEGINNING.
PARCEL THREE:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF GILROY, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 2 OF THE
LANDS OF 450 EAST, LLC DESCRIBED IN DOCUMENT NO. 20067349, SANTA CLARA
COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2, THENCE
ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2, SOUTH 22°09'25" WEST,
302.86 FEET;
THENCE ENTERING SAID PARCEL 2 THE FOLLOWING THREE (3) COURSES:
1. NORTH 67°50'35" WEST, 193.02 FEET; •
2. NORTH 22°09'25" EAST, 20.29 FEET;
3. THENCE NORTH 19°56'13" WEST, 80.22 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID PARCEL 2;
THENCE ALONG SAID NORTHERLY LINE, NORTH 70°03 '03" EAST, 332.65 FEET TO
THE POINT OF BEGINNING.
PARCEL FOUR
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF GILROY, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF PARCELS 1 & 2 OF
THE LANDS OF 450 EAST, LLC DESCRIBED IN DOCUMENT NO. 20067349, SANTA
CLARA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 1, THENCE
ALONG THE NORTHERLY LINE OF SAID PARCEL 1 AND THE NORTHERLY LINE OF
SAID PARCEL 2, NORTH 70°03'03" EAST, 365.50 FEET;
THENCE ENTERING SAID PARCEL 2 THE FOLLOWING FIVE (5) COURSES:
1. SOUTH 19°56' 13" EAST, 80.22 FEET;
2. SOUTH 22°09'25" WEST, 158.00 FEET;
3. NORTH 67°57'04" WEST, 30.00 FEET;
4. SOUTH 22°09'25" WEST, 58.50 FEET;
5. THENCE SOUTH 70°03'03" WEST, 36.71 FEET TO A POINT ON THE EASTERLY
LINE OF SAID PARCEL 1;
THENCE ALONG SAID EASTERLY LINE, SOUTH 19°56'13" EAST, 35.50 FEET;
THENCE ENTERING SAID PARCEL 1 THE FOLLOWING TWO (2) COURSES:
1. SOUTH 70°03'03" WEST, 161.36 FEET;
2. THENCE NORTH 19°56' 13" WEST, 6.06 FEET TO A POINT ON THE WESTERLY
LINE OF SAID PARCEL 1;
THENCE ALONG SAID WESTERLY LINE, NORTH 19°56'13" WEST, 250.22 FEET TO THE
POINT OF BEGINNING.
Exhibit B
Prevailing Wage Requirements
1. If performed by Developer, the Off -Site Mitigation (the "Work") is subject to all
applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including
requirements pertaining to wages, working hours and workers' compensation insurance.
2. The Work is subject to the prevailing wage requirements applicable to the locality
in which the Work is to be performed for each craft, classification, or type of worker
needed to perform the Work, including employer payments for health and welfare,
pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates
are available online at http://www.dir.ca.gov/DLSR.
3. Developer shall not enter into a contract with a contractor for the performance of
the Work unless the contractor and its subcontractors are registered with the California
Department of Industrial Relations to perform public work under Labor Code Section
1725.5, subject to limited legal exceptions.
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Exhibit C
Form of Release
[Form Intentionally Blank]
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Gilroy
7351 Roseanna Street
Gilroy, CA 95020-6141
Attn: City Clerk
(No recording fee pursuant to Gov.
Code, §§ 6103, 27383 & 27388.1)
Space Above This Line for Recorder's Use Only
RELEASE OF AGREEMENT TO
SECURE PAYMENT OF DEVELOPMENT IMPACT FEES
On [date] the City of Gilroy (the "City") and Evergreen-10th & Chestnut, LLC, an Arizona
limited liability company ("Developer") entered into that certain Agreement to Secure
Payment of Development Impact Fees (the "Agreement"), which was recorded against
the property described in Attachment 1 hereto (the "Property") on [date] in the Official
Records of Santa Clara County as Document No.
Section 3.2 of the Agreement provided for the release of the Property from the Agreement
upon the satisfaction of certain contingencies, as set forth therein. Developer has
satisfied those contingencies.
NOW, THEREFORE, the City does hereby release the Property from the Agreement and
does hereby reconvey its interest therein to the Developer free and clear from the
restrictions of the Agreement.
By: Date:
Name:
Its: City Administrator
[Attach Legal Description as Attachment Z]
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ERAMAKRISH NAN104706083
CALIFORNIA NOTARY ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF
}
ss.
APN.:
On , before me, , Notary
Public, personally appeared , who 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.
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.
(Signature)
My Commission Expires:
Notary Name:
Notary Registration Number:
(Seal)
This area for official notarial seal
Notary Phone:
County of Principal Place of Business:
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ERAMAKRI SH NAN104706083