25109241 - Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants - - Recorded 09/22/2021DocuSign, Envelope ID: 1C925905-1D27-4350-85BD-B78663A9DC76
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)
Pages: 14
AFFORDABLE HOUSING REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
(Village at Santa Teresa Apartments)
25109241
Regina Aleomendras Clerk -Recorder
Santa Clara County
09/22/2021 12:20 PM
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This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (t
"Agreement") is made and entered into as of _Cg �f�t,l 2021, by and between the City of
Gilroy, a California Municipal Corporation (the "City"), and Village at Santa Teresa, LP, a
California limited partnership (the "Developer"), with reference to the following facts:
RECITALS
A. Developer intends to develop that certain housing development project (the
"Development") consisting of 100 rental units ("Units"), to be located at
/ -20 flec.Air a in Gilroy, CA, Assessor's Parcel Number 810-66-012, more
particularly described in Exhibit A hereto (the "Property"). On March 12, 2021, the City's
Community Development Director issued an Architectural and Site Review Permit, AS 20-10
(#20060031), for the Development. AS 20-10 is referred to herein as the "Permit." The Permit
is on file with the City.
B. The Project will provide fifty-five (55) two -bedroom units, forty-five (45) three -bedroom
units; two hundred (201) covered and uncovered parking spaces; and other features and
amenities as specified in the Permit.
C. Pursuant to Government Code Section 65915 (the "State Density Bonus Law"), the
Development was approved with a density bonus of thirty-nine (39) units, state parking rate
allowances, and certain waivers, incentives, and concessions, as set forth in the Permit. To
qualify for these benefits, the Developer has agreed to provide ninety-nine (99) of the Units for
Lower Income Households. The remaining Unit is intended to be used as a manager's quarters.
D. In consideration of City's grant of entitlements for the Development, and for other good
and valuable consideration, the sufficiency of which is hereby acknowledged, the Developer has
agreed to record this Agreement to guarantee the continued affordability of the Development's
affordable Units for a minimum period of fifty-five (55) years.
THEREFORE, the City and the Developer hereby agree as follows:
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AGREEMENT
ARTICLE 1
PRELIMINARY
MATTERS
1.1 Recitals.
The foregoing Recitals are incorporated into this Agreement and made a part hereof by this reference.
1.2 Definitions.
When capitalized in this Agreement, the following terms shall have the following meanings:
(a) "Actual Household Size" is the actual number of persons in the applicable
household.
(b) "Agreement" is defined in the opening paragraph.
(c) "Area Median Income" is the area median income for Santa Clara County
as published and periodically updated by the United States Department of Housing and Urban
Development ("HUD"), adjusted for Actual Household Size or Assumed Household Size as
specified in this Agreement and as further defined by California Health and Safety Code Section
50079.5(c). If income determinations are no longer published by HUD or otherwise provided by
the State of California pursuant to California Health and Safety Code Section 50079.5(a), or are
not updated by either HUD or the State of California for a period of at least eighteen (18)
months, the City shall provide the Developer with other income and Rent determinations which
are reasonably similar with respect to methods of calculation to those previously published by
HUD or the State of California.
(d) "Assumed Household Size" for a Lower Income Unit shall mean one (1)
person plus a number equal to the number of bedrooms in the Unit.
"City" is as defined in the opening paragraph.
"Default" is defined in Section 5.6.
"Developer" is as defined in the opening paragraph.
"Development" is defined in Recital A.
(i) "Gross Income" has the meaning given in California Code of Regulations,
Title 25, Section 6914.
Q) "HUD" is the United States Department of Housing and Urban
Development, or successor agency thereto.
(k) "Lower Income Household" shall mean a household with a Gross Income
that does not exceed eighty percent (80%) of Area Median Income, adjusted for Actual
Household Size.
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(I) "Lower Income Rent" shall mean the maximum allowable Rent for a Unit
occupied by a Lower Income Household pursuant to Section 2.2 below.
(m) "Lower Income Units" shall mean Units required to be rented to and
occupied by or, if vacant, available for occupancy by, Lower Income Households.
(n) "Permit" is defined in Recital A.
(o) "Property" is defined in Recital A.
(p) "Rent" shall mean the total of monthly payments by the Tenant of a Unit
for the following: use and occupancy of the Unit and land and associated facilities, including
parking;; an allowance for the cost of an adequate level of service for utilities actually paid by
the Tenant consistent with the schedule of utility allowances published annually by the Santa
Clara County Housing Authority for heating, cooking, other electric/lighting uses, or air
conditioning within the Unit, but not telephone service, cable television, or other utility charges
paid by the Developer or its property manager; and any other interest, taxes, fees or charges for
use of the land or associated facilities and assessed by a public or private entity other than the
Developer, and paid by the Tenant.
(q)
"State Density Bonus Law" is defined in Recital C.
(r) "TCAC" means the California Tax Credit Allocation Committee, or
successor agency.
(s) "Tenant" is a household legally occupying a Lower Income Unit pursuant
to a valid lease with the Developer.
(t) "Term" shall mean the term of this Agreement, which shall commence on
the date of this Agreement and shall continue until the fifty-fifth (55th) anniversary of the date of
issuance of the last certificate of occupancy or equivalent certification provided by the building
official for the Development. If the termination date of this Agreement cannot be determined
because no record of the date of such certificate of occupancy or equivalent certification is
recorded in the official records or maintained by the City or the Developer for future reference,
then the Term shall be deemed to expire fifty-eight (58) years plus one hundred eighty-one
(181) days after the recordation date of this Agreement.
(u) "Unit" is defined in Recital A.
1.3 Exhibits.
The following exhibit is attached to this Agreement and incorporated into this Agreement by this
reference:
EXHIBIT A: Legal Description of the Property.
1.4 Administrator.
It is expressly agreed and understood between the parties that the City may assign any or all its
rights or obligations under this Agreement to a third party independent contractor hired by the City
to administer any or all the City's affordable housing programs and this Agreement. To the extent
of any such assignment, reference to the City herein shall mean or include reference to such third
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party administrator. Every action that the City may take under this Agreement to enforce its terms
and conditions may be taken by the third party administrator on the City's behalf.
1.5 Conflicts.
Developer understands and agrees that this Agreement is intended to ensure the continued
affordability of the Lower Income Units pursuant to the State Density Bonus Law. Notwithstanding
anything to the contrary in this Agreement, if a provision of this Agreement that is not required
expressly under the State Density Bonus Law conflicts with, (a) state or federal law (including
TCAC requirements applicable to the Development), or (b) a regulatory agreement superior in
priority to this Agreement, such law or agreement shall control over the conflicting provision of this
Agreement to the limited extent that it is not possible to comply both with that provision and with
such contrary law or agreement.
ARTICLE 2
AFFORDABILITY AND OCCUPANCY COVENANTS
2.1 Occupancy Requirements.
Ninety-nine (99) of the Units in the Development shall be Lower Income Units.
2.2 Rent Limitations; City Approval of Rent.
(a) Subject to the provisions of Section 2.3 below, the maximum Rent
(including utility allowance) charged to Tenants of the Lower Income Units shall not exceed one -
twelfth (1/12) of thirty percent (30%) of eighty percent (80%) of Area Median Income, adjusted
for Assumed Household Size.
(b) Notwithstanding subsection (a), rents for not more than ninety-five (95) of
the Lower Income Units may be set at an amount consistent with the maximum rent level
allowed for a housing development that receives an allocation of state or federal low-income
housing tax credits from TCAC. This subsection is intended to implement, and shall be
construed consistently with, the State Density Bonus Law's requirements at Government Code
Section 65915, subdivision (c)(1)(B)(ii)(II), in effect as of the date of this Agreement.
(c) The City shall have the right, but not the duty, to require its review and
approval of initial Rents for the Lower Income Units, which approval it shall not unreasonably
withhold or delay.
(d) The Developer shall not charge any fee other than Rent to any Tenant of
Units for any housing or other services provided by the Developer, except that Developer may
charge additional fees for credit applications, late payments, damages to the property created
by the Tenant during Tenant's residency, returned checks (NSF), lost keys, or other similar
reasonable and customary charges, to include additional rent for pets or individual storage units,
if applicable.
2.3 Effects of Increase in Income.
If, upon recertification of a Tenant's income, the Developer determines that a Tenant of a Lower
Income Unit no longer qualifies as a Lower Income Household, then the provisions of Section
42(g)(2)(D) of the Internal Revenue Code shall apply with respect to any Unit subject to a
regulatory agreement between Developer and TCAC. For any Unit not subject to a TCAC
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regulatory agreement, and absent any contrary applicable provision of federal or state law or of
a regulatory agreement superior in priority to this Agreement, the following provisions shall
apply with respect to over -income Tenants upon recertification:
(a) If the Tenant's Gross Income does not exceed one hundred twenty
percent (120%) of the maximum income that would qualify the Tenant as a Lower Income
Household, the Tenant shall be allowed to remain in the Unit at a Lower Income Rent.
(b) If the Tenant's Gross Income exceeds one hundred twenty percent
(120%) of the maximum income that would qualify the Tenant as a Lower Income Household,
then, subject to applicable fair housing, rent control, and just cause eviction laws, the Tenant
shall be given written notice that the Tenant no longer qualifies to occupy the Tenant's Unit, but
the Tenant shall be permitted to continue to occupy the Unit at the Tenant's then current Rent
until the later of one hundred twenty (120) days of such notice or the termination of the Tenant's
then current lease.
2.4 Section 8 Voucher and Certificate Holders.
The Developer may not refuse to lease a Unit in the Development to a prospective Tenant who
holds a voucher or certificate of eligibility for assistance pursuant to Section 8 of the United
States Housing Act of 1937, as amended, because of the status of such prospective Tenant as
the holder of such voucher or certificate; provided, however, that such prospective Tenant will
be subject to the same credit and criminal history review that would apply to any other
prospective Tenant of the Development in compliance with Fair Housing Law
2.5 Lease Provisions.
Except to the extent inconsistent with the requirements of state or federal law or of a regulatory
agreement superior in priority to this Agreement, the Developer shall use a form of Tenant lease
that shall, among other matters:
(a) provide for termination of the lease for failure: (1) to provide any
information required for the recertification of Tenant income, or (2) to qualify as a Lower Income
Household as a result of any material misrepresentation made by such Tenant with respect to
income certification or recertification;
(b) be for an initial term of not less than one (1) year. After the initial year of
tenancy, the lease may be month to month by mutual agreement of the Developer and the
Tenant; however, the Rent may not be raised more often than once every twelve (12) months
after such initial year. The Developer will provide each Tenant with such notice of any rental
increase as may be required by law; and
(c) prohibit subleasing of the Unit.
2.6 Security Deposits.
The Developer may require Tenants to pay a cleaning and/or security deposit totaling in
aggregate not more than the monthly Rent for a Unit plus a reasonable pet deposit, if
applicable. Any security deposits collected by Developer or Developer's agent shall be kept
separate and apart from all other funds in a trust account with a depository insured by the
Federal Deposit Insurance Corporation or other comparable federal deposit insurance program
and shall be held and disbursed in accordance with California law. The balance in the trust
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account shall at all times equal or exceed the aggregate of all outstanding obligations, plus
accrued interest thereon.
ARTICLE 3
INCOME CERTIFICATION AND REPORTING
3.1 Marketing Plan.
Developer shall develop a marketing plan, which shall include provision for affirmatively
marketing the Units by advertising their existence and through outreach to organizations and
agencies providing services to Lower Income Households. The marketing plan shall also
include provisions for Tenant selection, and will be made available for inspection by the City
upon request.
3.2 Income Certification.
During any period that income certifications (including recertifications) from each Tenant are
required to be submitted to any federal, state, and/or county agency or agencies under the
terms of any agreement recorded against the Development, Developer shall submit copies of
those certifications to the City at the same time that submittal of such certifications is required to
be made to the applicable agency or agencies. During any period when income certifications
are not required to be submitted as specified above:
(a) Developer will obtain, complete, and maintain, immediately prior to initial
occupancy and annually thereafter, income certifications for each applicant or Tenant of any of
the Lower Income Units.
(b) - Developer shall make a good faith effort to verify that the income
statement provided by an applicant or Tenant is accurate by taking two or more of the following
steps as a part of the verification process: (a) at the time of initial certification, obtain a minimum
of the three (3) most current pay stubs for all adults age eighteen (18) or older; (b) if the
prospective Tenant is self-employed, obtain an income tax return for the most recent tax year;
(c) conduct a credit agency or similar search; (d) obtain the three (3) most current savings and
checking account bank statements; (e) obtain an income verification form from the applicant's
current employer; (f) obtain an income verification form from the Social Security Administration
and/or the California Department of Social Services if the applicant receives assistance from
either of such agencies; or (g) if the applicant is unemployed and has no such tax return, obtain
another form of independent verification.
(c) -Copies of income certifications, including supporting documentation, shall
be retained by the Developer for a period of at least three (3) years, and shall be made available
to the City upon request during normal business hours.
(d) If requested by the Developer, the City may perform income certifications
on the Developer's behalf; provided, however, that the City may charge the Developer a fee for
this service.
3.3 Reporting Information to City.
Developer shall report any information reasonably requested by the City in connection with
Developer's obligations under this Agreement.
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3.4 On -site Inspection.
The City shall have the right, but not the duty, to perform on -site inspections of the
Development, including the Units, as is reasonably required to ensure compliance with this
Agreement, but in any case at least once per year. The Developer agrees to cooperate in such
inspection(s). If City desires to inspect the interior of any Units, City shall give Developer
sufficient notice to allow Developer to give seventy-two (72) hours' notice to Tenants. City shall
not inspect individual Units unless the City has reasonable cause to believe that Developer has
failed or is failing to maintain such Units in compliance with Section 4.3 of this Agreement.
ARTICLE 4
OPERATION OF THE DEVELOPMENT
4.1 Residential Use; No Short -Term Rental.
The Development shall be used only for residential purposes, and no part of the Units shall be
operated as transient housing in which the term of occupancy is less than thirty (30) days.
4.2 Taxes and Assessments.
To ensure the long-term affordability of the Units, the Developer shall pay all real and personal
property taxes, assessments and charges and all franchise, income, employment, old age
benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times
and in such manner as necessary to prevent any lien or charge from attaching to the Property;
provided, however, that Developer shall have the right to contest in good faith, any such taxes,
assessments, or charges. In the event the Developer exercises its right to contest any tax,
assessment, or charge against it, the Developer, on final determination of the proceeding or
contest, shall immediately pay or discharge any decision or judgment rendered against it,
together with all costs, charges, and interest.
4.3 Property Maintenance.
The Developer shall comply with every condition of the Permit and shall, at all times, maintain the
Development and the Property in good repair and working order, reasonable wear and tear
excepted, and in a safe and sanitary condition, and from time to time shall make all necessary and
proper repairs, renewals, and replacements to keep the Development and the Property in a good,
clean, safe, and sanitary condition.
4.4 Management.
The City shall have no responsibility over management of the Units.
ARTICLE 5
MISCELLANEOUS
5.1 Nondiscrimination.
There shall be no unlawful discrimination against, or segregation of, nor denial of the benefits of
this Agreement to, any person or group of persons in the leasing, use, or occupancy of the
Units, on the basis of race, color, ancestry, national origin, religion, creed, age, disability
(mental or physical), sex, gender (including, without limitation, because of pregnancy, childbirth,
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or breastfeeding), sexual orientation, gender identity, gender expression, medical condition,
genetic information, marital status, military or veteran status, or any other basis forbidden by
federal, state, or local law. During the Term, all deeds, leases, or contracts made or entered
into by the Developer as to the Property, the Development, or the Units, or any portion thereof,
shall contain a prohibition against discrimination and segregation on terms set forth in this
section.
5.2 Term.
The provisions of this Agreement shall apply to the Property for the entire Term. This Agreement
shall bind any successor, heir, or assign of the Developer, whether a change in interest occurs
voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the
City in a recorded written instrument.
5.3 Notice of Expiration of Term.
At least six (6) months prior to the expiration of the Term, the Developer shall provide by first-
class mail, postage prepaid, a notice to all Tenants containing the anticipated date of the
expiration of the Term and any anticipated Rent increase upon the expiration of the Term. In
addition, Developer shall comply, as applicable, with all requirements set forth in California
Government Code Sections 65863.10 and 65863.11 or successor provisions and all other
requirements of State and federal law.
5.4 Covenants to Run with the Land.
This Agreement is a condition of approval of the Development, as set forth in the Permit and as
required under the State Density Bonus Law. The covenants and restrictions set forth in this
Agreement shall apply uniformly to all Units to establish and carry out a common plan for the
use of the Property. The covenants and restrictions contained in this Agreement shall be
covenants running with the land pursuant to Civil Code Section 1460, et seq. The burden of the
covenants and restrictions set forth in this Agreement touch and concern the Property in that the
value of the Developer's legal interest in the Property and all improvements thereon may be
affected thereby. The benefit of the covenants and restrictions set forth in this Agreement also
touch and concern the Property by enhancing and increasing the enjoyment and use of the
Property by Lower Income Households, furthering the public purpose for which a density bonus
is being granted under the Permit for the Development.
Notwithstanding the foregoing, without regard to technical classifications and without regard to
whether the City is an owner of any land or interest therein to which such covenants and
restrictions relate, the City and the Developer hereby declare their express intent that the
covenants and restrictions set forth in this Agreement shall run with the land and shall bind all
successors in title to the Property; provided, however, that on the expiration of the Term of this
Agreement, said covenants and restrictions shall expire except as to the Developer's
indemnification and defense obligations set forth herein.
Each grant deed for all or any portion of the Development shall state expressly that the grant is
made subject to the terms and conditions set forth in this Agreement. Every contract, deed, or
other instrument hereafter executed covering or conveying the Property or any portion thereof,
shall be held conclusively to have been executed, delivered, and accepted subject to such
covenants and restrictions, regardless of whether such covenants or restrictions are set forth in
such contract, deed, or other instrument, unless the City expressly releases such conveyed
portion of the Property from the requirements of this Agreement.
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5.5 Indemnification.
(a) To the fullest extent permitted by law, the Developer shall indemnify,
defend at its own expense, and hold the City and its elected and appointed officials, officers,
employees, agents, independent contractors, successors, and assigns (collectively
"Indemnitees") harmless against any and all claims, suits, actions, losses and liability of every
kind, nature, and description made against it and expenses (including reasonable attorneys'
fees) which arise out of or in connection with this Agreement, including but not limited to the
purchase of the Property and the Development, construction, marketing and operation of the
Development, except to the extent any such claim arises from the grossly negligent or willful
misconduct of the City or Indemnitees. Each party shall notify the other party promptly in writing
of any claim or damage related to activities performed under this Agreement. The parties shall
cooperate with each other in the investigation and disposition of any claim arising out of the
activities under this Agreement, provided that nothing shall require either party to disclose any
documents, records or communications that are protected under the attorney -client privilege or
attorney work product doctrine.
(b) The provisions of this Section shall survive the expiration of the Term.
5.6 Enforcement by the City.
If the Developer fails to perform any obligation under this Agreement ("Default"), and fails to
cure the Default within thirty (30) days after the City has notified the Developer in writing of the
Default, or, if the Default cannot be cured within thirty (30) days, fails to commence to cure
within thirty (30) days and thereafter diligently pursue such cure and complete such cure within
sixty (60) days, or such longer period as approved by the City in writing, the City shall have the
right to bring an action at law or in equity to compel the Developer's performance of its
obligations underthis Agreement, and/or for damages or restitution.
5.7 Attorneys' Fees and Costs.
In any action brought to enforce this Agreement, the prevailing party shall be entitled to all costs
and expenses of suit, including reasonable attorneys' fees. This Section shall be interpreted in
accordance with California Civil Code Section 1717 and judicial decisions interpreting that
statute.
5.8 Recording and Filing.
The City and the Developer shall cause this Agreement, and all amendments and supplements
to it, to be recorded in the official records of the County of Santa Clara.
5.9 Governing Law and Venue.
This Agreement shall be governed by the laws of the State of California. Venue shall be proper in
the County of Santa Clara.
5.10 Interpretation.
This Agreement shall not be construed against the drafter. There are no third -party intended
beneficiaries of this Agreement. This Agreement is not intended to confer, and shall not be
interpreted to confer, on the City any duty for the benefit of the Developer or any other person to
monitor compliance herewith. Any monitoring activities conducted by the City or on its behalf are
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intended for the City's sole benefit.
5.11 Waiver of Requirements.
No waiver of the requirements of this Agreement shall occur unless expressly waived by the
City in writing. No waiver will be implied from any delay or failure by the City to take action on
any breach or Default of the Developer or to pursue any remedy permitted under this
Agreement or applicable law. Any extension of time granted to Developer to perform any
obligation under this Agreement shall not operate as a waiver or release from any of its
obligations under this Agreement. Consent by the City to any act or omission by the Developer
shall not be construed to be consent to any other or subsequent act or omission or to waive the
requirement for the City's written consent to future waivers.
5.12 Amendments.
This Agreement may be amended only by a written instrument executed by all the parties hereto
or their successors in title, and duly recorded in the official records of the County of Santa Clara.
5.13 Notices.
Any notice requirement set forth herein shall be deemed to be satisfied three (3) days after
mailing of the notice by first-class United States mail, postage prepaid, addressed to the
appropriate party as follows, or to such other address as either party may by notice provide to
the other:
Developer:
City:
Village at Santa Teresa, LP
1700 S. El Camino Real, Suite 400
San Mateo, CA 94402
City of Gilroy
Attn: City Administrator
7351 Rosanna Street
Gilroy, CA 95020-6107
Such written notices, demands and communications may be sent in the same manner to such
other addresses as the affected party may from time to time designate by mail as provided in
this Section.
5.14 Severability.
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 paramount purpose for which the parties have
entered into this Agreement is to protect the long-term affordability of the Lower Income Units.
5.15 Multiple Originals: Counterparts.
This Agreement may be executed in multiple originals, each of which is deemed to be an
original, and may be signed in counterparts.
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IN WITNESS WHEREOF, the City and the Developer have executed this Agreement by duly
authorized representatives, all on the date first written above.
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CITY:
CITY OF GILROY, a California municipal
corporation
By: 4 ' C)-
Its: tJ6.4 °jL�b����1-�14v✓
Date: 1124 I ).'
APPROVED AS TO FORM BY CITY
ATTORNEY
—OocuSigned by:
1979C9EB5968470.
City Attorney
7/8/2021
DEVELOPER:
1st and Kern Affordable Apartments, LP, a
California limited partnership
By:
Its:
Date:
2-",0-1049-8276v1
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EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GILROY, IN
THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS:
PARCEL I:
Lot 17, 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 Maps, Pages 13, 14, 15, 16 and
17, Instrument No. 15975553, Santa Clara County Records.
PARCEL II:
A non-exclusive easement for Storm Drain purposed upon, over and across Lot "E", as shown
on that certain Map entitled, "Tract 9374 The Village Green", which Map was filed for record
November 26, 2001, in Book 745 of Maps, Pages 13, 14, 15, 16 and 17, Instrument No.
15975553, Santa Clara County Records.
APN: 810-66-012
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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 San Mateo
On 09/15/2021 before me, H.Lim, Notary Public
(insert name and title of the officer)
personally appeared Jonathan Emami
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
(Seal)
M. LIM
Notary Public - California
Y y ? San Mateo County
Commission iY 2238998
LILMy Comm. Expires Apr 24, 2022
DocuSign Envelope ID: 1C925905-1D27-4350-85BD-B78663A9DC76
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
)SS
On tearn e,7_ 0 _O7 , before me, 6r'�c4CE‘ /Vc v t , Notary
Public, personally appeared S i ,men '=e,s 1 17b b 15 J f . , who proved to me on the
basis of satisfactory evidence to be the person(,s'))whose name,(8) is/are subscribed to the within instrument and
acknowledged to me that he/shy/they executed the same in his/tier/th& authorized capacity(ies), and that by
his/leer/heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(a)
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
SANDRA E. NAVA
Notary Public - California
Santa Clara County
Commission # 2262752
My Comm. Expires Nov 11, 2022
This area for official notarial seal
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4830-1049-8276v1
E RA MA K R I S H NA N/04706089