Recording Requested by
CITY OF PATTERSON
Alter Recording Return to
CITY OF PATTERSON
ATTN: CITY CLERK
POST OFFICE BOX 667
I PLAZA.
PATTERSON. CA 95363
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(Space above this line for recorder's use)
SECURED DEFERRAL AGREEMENT
670 North l't Street, PATTERSON, CALIFORNIA
APN# 047-059-002-000
THIS AGREEMENT is made and entered into this day of rt
2023, by and among City ofPatterson, hereinafter called ("CITY"), Cynthia Bizzanelli & Andrew Ramirez olthe Maria Ramirez 2001 Trust hereinafter called ("CO-EXECUTORS"); and
WHEREAS, CO-EXECUTORS are joint executers of the property located at 670 No(hl*lStreet,Patterson,CA95363,morespecificallydisplayed hereto and herein by reierence APN# 047-059-002-000 (the "Property"); and WHEREAS. the CO-EXECUTORS are seeking to connect to an existing city sewer main line for the property located at 670 North 1't Street, Patterson, CA 95363 ("Property"); and
WHEREAS, the CITY requires that improvements be constructed in accordance with Government Code Section 66485. and City Ordinance No. 508 (Municipal Code Section
16.40.020) ("Property Owner Improvements"); and
WHEREAS, CITY, and CO-EXECUTORS agree that it is not essential to the intended use ofthe Property to construct all the developer improvements at this time, and that these improvements may be defened to a future time ("Propertv Owner lmprovements")i and Scooe. The purpose of this Deferred lmprovement Agreement is to clarifu the sewer system improvements required for this property and to establish security and assure the future construction and installation ofthe Improvements, at the 670 N.l'r Street Deferred Improvement Agreement
DATE: O2/2712023
Page ll of 16
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NOW, THEREFORE, for and in consideration of the mutual covenants and considerations contained herein, the CITY, and CO-EXECUTORS agree as follows:
expense of the CO-EXECUTORS, to certain standards as required by the CITY and that each and every one of the provisions of this Agreement herein contained shall bind and insure to the benefit of the successors in interest ofthe parties hereto in the same manner as ifthey had herein been expressly named. a. To guarantee the sewer system improvements upon approval and recordation of this Agreement to construct and install the improvements required by the City Engineer and Public Works Director as described in this Agreement.
b. To install the following improvements: connection to the City's sewer main line located on N. I 't Street, per the approved plans. The sewer connection will be required within two years of the date this agreement is signed and/or at the time the undeveloped areas located to the south of this property develops and/or by notification irom the city (Public Works Director or City Engineer), whichever comes first;
c. The CO-EXECUTORS are required to properly abandon and destroy any pre-existing septic tank immediately afier connection to the City's sewer main. per the City's municipal code. The CO-EXECUTORS are required to obtain proper permits from the City and/or Stanislaus County, hire a licensed contractor, and perform the abandonmenVdestruction to approved City/County standards and pay applicable sewer impact fee(s). d. To submit necessary construction plans to the CITY for the Improvements within 60 days after receipt of written notification lrom the CITY; commence construction of the project within 60 days after receiving approval from the CITYI and complete improvements described in this agreement within 120 days after commencement of construction. This includes proper abandonments and destruction of all pre-existing private septic tank immediately after connection to the City's sewer main. e. To disclose and provide copies of this Agreement, together with all exhibi(s), to any buyer(s) of any portion olthe Land. CO-EXECUTORS shall obtain a confirmation form from each buyer confirming that the buyer(s) receipt ofthe Agreement and shall provide a copy of such form to the CITY for their records.
i Upon completion and approval of Property Owner Improvements, COEXECUTORS shall sign up for utility services with the City and begin paying the monthly sewer service as established by City resolution. g. In the event the property owner fails to make the improvements as required, City may complete the improvements and cause the cost thereof to be made a lien against the property.
670 N.1'1 Street Deferred Improvement Agreement
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2. Property Owner Oblisations. CO-EXECUTORS agrees:
i. City Oblieations. CITY agrees:
a. Deler construction ofthe sewer system improvements. as provided herein:
and
b. To provide the CO-EXECUTORS with a release and satisfaction exonerating this Agreement once all the sewer system improvements, as provided herein, have been completed and accepted by the CITY. c. To provide CO-EXECUTORS with total charges for sewer impact fees for connection to the City's sewer system. The fees will be based on the City's lees at the time olconnection.
4. Securitv flevice. In order to guarantee that Developer shall futfill his obligations, the City requires that this Deferred Improvement Agreement be recorded at the Stanislaus County Recorder's Office and be filed with the City. All costs associated with the defened improvements, costs for engineering design, plan check, construction management services. inspections, etc. will be the sole responsibility of the Property Owner. The construction estimate must be prepared and stamped by a licensed Engineer and approved by the City's Engineer to establish the amount ofthe improvements. A security bond will be required in the amount equal to the total cost ofthe improvements.
In the event of default in the performance ofthe obligations specified herein, City may elect to construct the improvements specified herein. Shoutd the City elect to take such curative steps, it shall serve written notice of its intent to enter the property subject to this agreement of this purpose. Such notice shall be served personally, or by certified mail, retum receipt requested, upon the owner(s) of the property subject to this agreement at the last known address olsuch owner(s) or at such address as shown on the tax rolls, at least (30) days in advance of the date when City intends to enter the property for the purpose of constructing the improvements required by this agreement. City may perform such work or cause the construction of such work as it considers reasonably necessary and proper to fulfill the obligations for construction of improvements pursuant to this agreement.
City may act either through its own employees or through an independent contractor. In either event the performance ofsuch work shall be the sole expense ofthe Developer and/or the property owner(s) and shall constitute a lien upon the property as noted in this agreement.
670 N.lst Street Deferred Improvement Agreement
DATF.: O2/2712023
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5. Waiver. CITY or CITY'S officers, employees, agents, representatives or contractors may inspect or make statements indicating that certain work or materials used to complete construction the Property Owner Improvements comply with the terms of this Agreement. The CITY'S acceptance of certain portions of the Developer Improvements shall not relieve CO-EXECUTORS ol the obligations in this Agreement or serve as a basis or defense in any action brought by CITY against CO-EXECUTORS for any damages arising lrom the breach of any term or condition of this Agreement by CO-EXECUTORS.
6. Terms of this Agreement. The term olthis Agreement shall be binding on COEXECUTORS beginning on the date that it is executed by the CITY.
7. Land. The Land shall be held, sold, leased. conveyed, encumbered, hypothecated. used. occupied and improved subject to the terms and provisions of this Agreement, which shall constitute restrictions, reservations, rights, covenants, conditions and equitable servitudes, all of which are for the purpose of enhancing and protecting the value, attractiveness and desirability of the Project. Such restrictions, reservations, rights, covenants. conditions and equitable servitudes shall (i) run with the Land and shall be binding upon all persons having or acquiring any interest in the Land or any part thereof, their heirs, successors and assigns; (ii) inure to the benefit ofevery portion ofthe Land and any interest therein; and (iii) inure to the benefit ofand be binding upon each Owner(s) and each Owne11s.l successors in interest.
This Agreement and the terms of this agreement will be recorded along with the Land's Deed olTrust to ensure that all obligations of this Agreement remain valid and in effect until all PROPERTY OWNER IMPROVEMENTS have been completed and approved by the CITY.
8. Assisnment. CO-EXECUTORS shall remain liable under the terms of this Agreement unless and until:
a. The Property Owner Improvements are constructed/installed and accepted by the CITY; or
b. CO-EXECUTORS assigns/their rights and obligations to a third party and those assignments are accepted by the CITY.
9. Notices. All notices required by this Agreement shall be in writing and sent by:
regular US mail, postage prepaid; commercia[ ovemight courier; or facsimile.
Unless a parfy to this Agreement has given (10) day notice ofa change ofperson and address for purposes ofnotice under this Agreement to the other party in writing, notices shall be directed to the following:
670 N.l n Street Deferred Improvement Agreement
DATE:02/2712023
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City Manager
City Hall, 2nd Floor
I Plaza Circle
Patterson, CA 95363
Telephone: (209) 895-8000
Fax: (209) 895-8069
With copy to:
Nubia Goldstein, City Attorney
I Ploza
City Hall
Patterson, Califomia 95363
Tet: (209) 895-8000
Fax: (209) 895-8019
Notices to PROPERTY OWNER:
Cynthia Bizzanelli & Andrew Ramirez, Co-executors
670 North l't Street
Patterson, CA 95363
Telephone: (209) XXX-XXXX
E-mail: cynthia bizz@y ahoo.com
Amendment. This Agreement shall not be amended, modified, or canceled without the written consent ofthe parties.
'l 0. Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Stanislaus in the State of Califomia.
I I . Governing Law. The laws of Califomia, excluding its conflict of laws rules, shall govem the rights and obligations of the parties and the interpretation and performance of this Agreement.
1 2. Attornev Fees. In any litigation, arbitration. or other proceeding by which any of CITY, CO-EXECUTORS either seeks to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attomey fees, together with any costs and expenses. to resolve the dispute and to enforce the final judgment.
13. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall 670 N.l't Street Deferred Improvement Agreement
DATE:02/2712023
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Notices to the CITY:
constitute one and the same instrument. Any facsimile copies hereofor signature thereon shall, for all purposes, be deemed an original.
14. Recordine. Upon the effective date of this Agreement, the CITY shatl file this Agreement at the Stanislaus County Recorder's Office, Modesto, Califomia for recording and it shall be binding on CO-EXECUTORS, and their successors, assigns and transferees.
670 N.1't Street Deferred Improvement Agreement
DATE:0212712023
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IN WITNESS WHEREOF, the CITY and CO-EXECUTORS have executed this Agreement the day and year first above written.
CITY OF PATTERSON, CALIFORNIA
By:
Ken Irwin, City Manager
Dated:
ATTESTATION BY CITY CLERK:
Aracely Alegre, City Clerk
Dated
PROPERTY OWNER: Maria Ramirez 2001 Trust
Cynthia Bizzanelli & Andrew Ramirez, Co-executors
670 North I't Street
Patterson. CA 95363
By'
Cynthia Bizzanelli & Andrew Ramirez,
CO-EXECUTORS
Dated
670 N.1n Street Deferred Improvement Agreement
DATE:02/21/2023
IN WITNESS WHEREOF, the CITY and CO-EXECUTORS have executed this Agreement the day and year first above written.
CITY OF PATTERSON, CALIFORNIA
By,
Ken lrwin. City Manager
Dated:
ATTESTATION BY CITY CLERK:
Aracely Alegre. City Clerk
Dated:
PROPERTY OWNER: Maria Ramirez 2001 Trust
Cynthia Bizzanelli & Andrew Ramirez, Co-executors
670 North I't Street
Patterson. CA 95363
Cynthia Bizzanelli & Andrew Ramirez,
CO-EXECUTORS
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Dated 4- q- 'zoz3
670 N. I't Street Deferred lmprovement Agreement
DATE:0212712023
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(NOTARIES ON THE FOLLOIT/ING PAGES)
NOTARY ACKNOWLfDCMENT
A notary public or other otlicer completing this certificate verities only the identity ofthe individual who signed the document to which this cenificate is aftached, and not the trutht'ulness, accuracy. or validity of that document.
State of California
Countv or&anislatt<
o" 4 l'/ l?-aP,20Z3,beforene,flhu.'at LDke land,Norarypubtic, personally appeared ta B izzane/ /i , 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 heishe/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 behalfofwhich the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
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Witness my hand and ofllcial seal. /.t)Azta./
Notary Public Signature
Notary Name:
Commission #. Z 315 3j7
Commission Expires
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x4ary Publla ' Cllifo(ni.
Staniitaur CoqntY
Co lnlttion a l!9!313
Comm. Er9it€. lrar 1, 2026
670 N.l " Street Deferred Imnro;e;e;t A8reemenr
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NOTARY ACKNOWLED(;MENT
A notary puhlic or other officer completing this certificate verifies only the identit_y', ofthe individual who signed the document to which this certificate is attached. and nol the trulht'ulness. accuracy, or validitv of that document.
State of Califomia
County of94
On 70 ) , zo 6 . before ^". Qh rn do t
- u-l u lerl. Notary pub I ic,
personally appeared flndreoo ,€Am ti'ez . who proved Io me on lhe basis ofsatisfactory 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 behalfofwhich the person(s) acted. executed the instrument.
I certi$ under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
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Witness my hand and official seal ?t\cntu'L til,,ton/
Notary Public Signature
Notarv Name
Commission #: Z 3C5)))
Commission Exp ires Mrt r l, Z)ZL
lSeal l
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670 N.l" Sreet Deferred Imnro;11e;t Aereemenr
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EXHIBIT A
SITE MAP
AI,N': ().l7 ()59-()()2-()(,() r 67() Norrh l'r Sar(.cl , l'.raacrson (lA 9536-, 670 N. l't Street Deferred Improvement Agreement
DATE:02127/2023
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EXHIBIT B
REAL PROPERTY DECRIPTION
Pagc 3 of3
Affidavit of Chrnge of Tnrstc
EXHIBTT..A'
REAL PROPERTY DTSCRI?TION
All trt rlal Fqcrry locdd itr th City of PdtEsoq Gury of SEnidaus, StaL of Califordr md dcsuibd as follows:
Prnel"B'as shom m ttc Parrlllf{sp fild etobcr l, 2fi7 in Book 55 of Paml }{46, x Pagc J6, in thc officc of dr ncorda of Stoidaus Conty, Olifomia.
Erccpting lhaeilom an undividd onc-hrlf inter*r in urd to dl oil, gas, prtolcum, nrpthq otha lry&ocdtotr $$damcs ad ninerab of wbasavcr Lid and oaw iq r-pon or bocadr tr pmprty hcrehrbovc dcscrib4 a cxqcptd ad rcserrtd in the Dwd fmm Fcdnal Frrm Modg4c Grportioq a corporuon to Str*ud B, Ncl*'n, ct ux, drtal January 3 I ,
I 94 I ud recordd Malch
25, l94l b Vd. 730 of Official Rccods, a Pa$ l2J, as lruruncnt No. 1885.
A.Pl,,l: (t4?-059{02
670 N. l't Street Deferred Improvement Agreement
DATE:0212712023
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EXHIBIT "C"
UTILITY CONNECTION PLANS
670 N. FIRST STREET
RAMIREZ WATER & SEWER SERVICE
ci'Y oF PATiERSON. SrAt\llstAt S COUN1 r CAIIFORNA
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DATE:0212712023
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EXHIBIT "C" CONTINUED
UTILITY CONNECTION PLANS
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670 N.1't Street Deferred Improvement Agreement
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EXHIBIT "D"
AFFIDAVIT OF CHANGE OF TRUSTEE
RECORDING REOUESTED BY
KULWINDER K. BAJNS
AXD WIIIIT SECORDED MAIL TO:
ilil|il r lllr I I illr I lfl r il [il illillt | ilil
Starrslaus Cq.rntv lecordcr
Lce trntiorn h lecord* 0llice
DOC- 2015-00.20724-0lf, o..t a!3-.L l I O.q.r.
r.ld.v. lH 2O 2015 rl,Sl!,az
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BANS LAW,INC.
A Prcfe$iord Law ColporStion
801 ld srEq JG Floor
Modcgo. California 95354
Sre^kr ILr Li- F r..,&rt:On,
APN: lX7{5}002{Xtr
ATNDAVIT O8 CHANCE OT TRUS'ITE
(CrliforDi! P.obrt. Code S.rtlotr l8lo5)
STATE OF CAIIFOR,\IA
COTJNTY OF ST.{VSLAUS
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wq JAIME M. R.TLVIFGZ, JR-, LARRY V. RAMREZ, CYNI'I{IA E. BIZZANELLI, 6rd ELIT-ABETII E. TRUETT, oflcgd atc, bci4 first duly sworrl deposc axl say:
I Tt. Trusr bDl{n t! dE MARIA E RAMIREZ TRUST udcr itrstrust darod AWun 24, 2001 rs r,tt# o Augus l, 2007 E]d .l e$r.qrrdy .rn od.d m Octob€r 19, 2010 (*Tnr{') L . valid ad cxidirB trust.
2. Thc nartr ofthe Scfllor of the TrusI is: MARIr\ E. RAMIREZ MARTA E. RAMIR.EZ. LARRY M- RAMIRfZ.
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',, RAMIR.EE
EUZABETH E. TRLtrfi.,d CYNTHIA E BIZZANELLI
4. Dr. !o rh. dedE of MARIA E RAMIREZ ald JOEL J. RAMIRE4 wc boc.ac th.
S!ec6so. Tn i.6 of tha Trust.
5. We cte all ofh c![Ildtly acrins CeTrunres oflb ltARlA E. RAMIREZ TRUST
6. Th. TNsr tss rEr b..t! rcrokcd, mdificd or rmcaded in ary nl'n E, which would cqusc tha rcprcacnltioN @otairad barEiD b bc iEorrEct.
7. Th. rtalFropcrty in lhc Tru$ is local.d sl670 N lr SEra, Prncrson, CA9516l ard tlr lcgal dcsipim ofsaid rcal propcrty ir aLachcd h.rrb at EXEIBrT 'A-.
Tha liSDrnrtls ofrll oflh Co-Trusrr.s rrt otr thc foUowiDg peg.. 4i$
_-. D(zffiA tSnns€r: 201tm2o 124 Page 1014
670 N.l't Street Deferred Improvement Agreement
DATE:02/2712023
Page | 14 of 16
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3. Itc D.B olthc prcvioE tluatc6 of6a Trust !rE:
Pagc 2 of 3
Affi&vit ofcbrngc of lru3t .
Da!e: Jan'rary 29,2015 DrE: .,8nusy 29,2015
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M. RAMIRET- Co-TrusE
D.t: ,anury 29, 2015 Janury 2015
E. , Cb- I rusrcr Co-Trusraa
A .Drary public or otlEr oflica compkring tlis cmificarc verifics only rh. id.nlity of fie iodividud wlo signcd lbc docuo.Dt to which 6i!..nificr& i3 !r&h.d. .d Dot $. EurhfilEs!, 0r of dt'r dmrrElr
Std! of Glifo@i.
Cautlty of St!!ialata
Subs.riM &d sv/orn to (or afirm.d) Morr nE on Jarlry 29, 2015, !y JAIME M.
RAMIRIZ, JR., LARRY M. RAMIRFT, CWTHIA E BTZZANEI-1.I, dtd FLITABFTFI FTRLTIT wlD trovcd to rnc on tfic basis of satisfrrtry .videncc to b. dlc pcdon(s) rflD rppcarrd bcfor lrc.
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Docurnerl Nrmber: 201tm2Cl21P6ge 2 of4
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670 N.1't Street Deferred Improvement Agreement
DATE:02/27/2023
Page I l5 of 16
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I csrtify th s copy to be a t ue copy of the
inslrument rn thrs office. Atlesl
Jan 31 ,2023
DONNA LI\DER
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n13laug County
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Docurnent Nu6rbe. 2015-0020124 Pag. zl of4
670 N.1't Street Deferred Improvement Agreement
DATE:02127/2023
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CERTIFICATION OF TRUST
PURSUANT TO CAUFOAfiLA PROBATE COOE SECTION 18tOO5
l(we), ); el ret)
-4z77Arr a t- &zzizzlruslee(s) of the
confirm th€ following facls
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. The
is currently in existence aod was creatod on
2. The senlor(s) of the trust are as iollows
3. The current,y acting trustee(s) of the trust as (are) {Date of creaiion f trust)
4. The power of ths trustee(s) includesi [a] The powers to s€il. convey and exchange and lutl accass to bank accounts and other assetsffiESflNO (check one) [bl The power lo borrow money and encumbsr ths trusl p{@erty with a d€€d ol lrusl or mortgage$ESENO (Check me):
5. The trusl is l--'](a) revocable; o$ffirocaUre (check one, and the follorfling party(ies) it any, is (are) denldied as having rhe power of to-tevoke the rrust:
6. The trusr rfrp
ol all th6 !rusl66s
) does; f-lb) does not (chec* orE) hav6 multiplo lrust€ss. lf th€ trusl has multiple trustBes, lhe signatures or of any .1 of the trustees is required to exercisa the powers of the trust 7, The uusl idenlitication number is as lollows: 7-77f v (S$ or ElNf i 8- Title to trusl assets shall be ta
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9- This Declaration rs prepared and executed pursuanl to Calilornia Probate Code Seclion 18100.5 sig
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Printed Name
STATE OF C
COUNTY OF
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County and State, personally appeared
t elqnd c{ar ,a notary frblic L in arxC lor said
n.l h iei
personally known to me (o( proved trc me on the b o{ satis{actory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument ard ad(rrowledged to me thd h€/shefihey executed the same in his/her,ttlEir authorized capacity(ies), and that by his/her/their srgnature{s) on f€ inslrumert the person(s). or the e.(ity r,l|}on behall ot whict tlle porson(s), actad, ex€cut€d th€ ingtrumefll.
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RHOI'IOA L. WHEEL^NO
dotary Pubric . Catilohin
St nirlau! (ounty
Commi.lion l2!93311
WTTNESS m oii seal (Seal)
r.{y Comm. Erlirn I.i l. 2026
in the f ollowing tashion:
underpenalryorperjury. tn,r Dl-d^yot l77A rc-l- ;40.4=t L (/--\ -/- on s/qa /qpa: berore rne,
caLlFoB lA ALL-PURPOSE ACKI{OWLEDGMEI{T CTVIL CODE S 1189 A notary public or other officer completing this cedificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthlulness, accuracy, or validity of that document.
State of California
County of 9a.^^r lLts
On
Date
personally appeared
L,> before me, }trnrir t uo Aro bnd.No lz,s Publrc
Here tnsert Nami iio ritt" o/th. offi"",
Ar^r1.e ", R,.,rtY,reL . ,
Name(s) of Signe4s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iVare 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.
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RHOHO^ L. WHEELAND
Not ry Pubti. . Glirorni.
Stnnirlau5 County
Conmi55ion , 2195133 SignFture . il t:a, ,0 ,*-l Hy Cofi,i. Expires Lr l, 2026 ..,2rd64uoWoi{,yFuo-tx Place Notary Seal Above
OPTIONAL
Though this section ls optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: b$4;u-l-,*^ il -|ntsf
Document Datei j-?Z-Za
Signe(s) Other Than Named Above: C9611''4 E. $1 '2zt.n4 11, Capacity(ies) Claimed by Signer(s)
sig Signer's Name:
tr Corporate Officer - Title(s)
Number of Pages
ner's Name: Anti r l,uJ R-r.tri.irt z,
E Partner - tr Limited :l General
tr lndividual E Attorney in Fact
tr Trustee tr Guardian or Consewator
f Other:
Signer ls Representing:
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Corporate Officer - Title(s): _
f Partner - ! Limited tr General
li lndividual tr Attorney in Fact
! Trustee tr Guardian or Conservator
Other: _
Sioner ls Reoresentino: .- d1l