Recording Requested by
CITY OI.'PATTERSON
After Recording Retum to
CITY OF PATTERSON
ATTN: CITY CLERK
POSTOFFICEBO)(66T 1
PLAZ,A
PATTERSON. CA 95363
(Space above this line for recorder's use)
DEFERRED IMPROVEMENT AGREEMENT
FOR 314 N. 2ND ST PATTERSON, CA 95363
(APN#: 131-010-030)
THIS AGREEMENT made and entered into this lOth day of June 2024, by and between City of Patterson. hereinafter called ("CITY"), and Mohammed Shaya Altarb hereinafter called (''PROPERTY OWNER").
WHEREAS, the Private is the owner of the property located at 314 N 2nd Street (APN# r3l-010-030-000), Patterson. CA 95363. located near Chevron and as shown in "Exhibit *A" attached hereto and herein by reference (the "Property"). and Mohammed Shaya Altarb is the Property Owner ofthe property located at this property; and WHEREAS, the City requires that improvements be constructed or guaranteed in accordance with Govemment Code Section 66485, Requirements of Stanislaus County, and City Ordinance No. 508 (Municipal Code Section 16.40.020); and City Ordinance No. 250 (Municipal Code Section 13.02.540); and state/federal regulations; and WHEREAS the City and the Property Owner agree that it is not essential to the development of the Property to construct Improvements at this time, and lmprovements may be deferred to a futue time: and
NOW, THEREFORE, for and in consideration olthe mutual covenants and considerations contained herein. the City and Property Owner agree to the following:
Scope. The purpose ofthis Agreement is to assure the luture construction and installation of the Private Improvements, at the expense of the Property Owner, to certain standards as required by the Public Works Director and that each and every one olthe provisions of this Agreement herein contained shall bind and inure to the benefit ofthe successors in interest ofthe parties hereto in the same manner as ifthey had herein been expressly named.
Deferred Improvement Agreement - 3 14 N 2nd St. Patterson, CA 95363 Updated:06/1012024 Page I of8
)
)
)
)
)
)
)
)
)
)
)
)
a. The property o\4ner guarantees the construction ofthe Private Improvements upon approval and recordation of this agreementi to construct and install the Private Improvements required by the Director of Public Works and as described in this agreement.
b. The property owner agrees to install the following Private Improvements: 750- gallon grease interceptor or larger shall be constructed on the sanitary sewer service lateral due to fats. oil, grease, sand, lood products or other solids being discharged into the City's sanitary sewer system and Trash Enclosure. c. The property owner agrees to install grease interceptor and trash enclosure within (2) years ofapproval of this agreement or sooner at the request ofthe Director of Public Works. if the Prope(y Owner does not enroll in the City's Fats, Oils. and Grease (F.O.G.) Program and/or does not maintain the existing grease trap adequately. The City will monitor the maintenance of the grease trap on a regular basis and issue regulatory compliance notice if the unit is not maintained to the satislaction ofthe Public Works Director.
d. The property owner agrees to grant authorization & consent upon approval of plans to install the grease interceptor and trash enclosure as required by the City. e. To obtain a building permit and install interceptor to conform to the appropriate sections ofthe latest version ofthe California Uniform Plumbing Code and to the City's latest City Standards for the trash enclosure.
f. To install an interceptor and trash enclosure outside the building where it can be easily inspected for proper operation and maintenance.
g. To guarantee the construction of the Improvements upon written notification of the Director of Public Works. If Property Owner fails to install the required improvements as called lor herein, the City shall cause said improvements to be made and cause the cost thereof to make a lien against the property which lien may be foreclosed by the City and/or cancel the City Business License for the food establishment located at this facility. The city may add costs of collection to the lien. including staff time and attomey fees. The City shall also delay approval of property license renewal until the grease interceptor and trash enclosure is installed.
h. To submit necessary construction plans to the City for the required Improvements *'ithin 60 days after receipt of written notification from the City; commence construction ofthe project within 60 days afier receiving approval from the City; and complete all Private improvements within 60 days after commencement of construction.
i. The property owner agrees to disclose and provide copies ofthis agreement, together with all exhibits. to any buyer(s) ofany portion of the Land. The owner(s) shall obtain a confirmation form from each buyer confirming that the buye(s) receipt of the agreement and shall provide a copy ofsuch form to the City for their records. j. The property owner agrees to enroll in the City's Fats, Oils, and Grease (F.O.G.) program and authorize City staff perform site inspections as determined by City to ensure proper operation and maintenance.
k. The property owner agrees to compensate the City for F.O.G. program inspections according to the City's most recently approved hourly rate schedule.
Deferred Improvement Agreement - 314 N 2"d St, Patterson, CA 95363 Updated: 0611012024 Page 2 of 8
2. Properfv Owner Obligations. Private and Property Owner agrees:
3. Citv Oblieations. City agrees:
a. Approve pending City property license and/or building permits required; and b. Defer construction ofthe Private Improvements, as provided herein; and
4. To provide the Owner(s) with a release and satisfaction exonerating this Agreement once all the improvements, as provided herein, have been completed and accepted by the City.
5. Terms of this Asreement. The term of this Agreement shall be binding on Private and//or Property Owner beginning on the date that it is executed by the City
6. Land. The Land shatl be held, sold, leased, conveyed. encumbered, hypothecated, used, occupied and improved subject to the terms and provisions ofthis Agreement, which shall constitute restrictions. reservations, rights, covenants. conditions and equitable servitudes, all of which are for enhancing and protecting the value, attractiveness and desirability ofthe Project. Such restrictions, reservations, rights, covenants, conditions and equitable servitudes shall (i) run with the Land and shatl 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 Owner(s) successors in interest.
This Agreement and the terms of this agreement will be recorded along with the Land's Deed of Trust to ensure that all obligations ofthis agreement remain valid and in effect until all Private Improvements have been completed and approved by the Citv.
7. Assignment. Private and/or the Property Owner shall remain liable under the terms of this agreement unless and until:
a. The tenant improvements are constructed/installed and approved by the city; or b. Private and/or Property Owner assigns/their rights and obligations to a third party and that the assignment(s) are accepted by the City.
8. Notices. All notices required by this Agreement shall be in writing and sent by regular US mail, postage prepaid, commercial ovemight courier or fhcsimile. Unless a party to this Agreement has given (10) day notice of a change ofperson and address for purposes of notice under this Agreement to the other party in writing, notices shall be directed to the following:
Deferred Improvement Agreement 314 N 2nd St, Patterson. CA 95363 Updated: 0611012024 Page 3 ol8
Notices to the City:
Notices to Property Owner:
Mohammed Shaya Altarb
I 229 Flicker Ln
Patterson. CA 95363
I clcphonc: ( 5-i9)991-5 l.l7
9. Amendment. This Agreement shall not be amended, modified, canceled without the written consent of the parties.
l0- Recording. Upon the date of this Agreement. the City shall file this Agreement at the Stanislaus County Recorder's Offrce, Modesto, Califomia for recording and shall be binding on the Property Owner, their successors, assigns and transferees.
Deferred Improvement Agreement - 314 N 2nd St. Patterson. CA 95363 Updated: 06/1012024 Page 4 of8
Director of Public Works
I Plaza. 2nd Floor
Patterson. CA 95363
Telephone: (209) 895-8060
Fax: (209) 895-8069
E-Mail : [email protected]
IN WITNESS WHEREOF, the City. and the Property Owner have executed this Agreement the day and year first above written.
CITY OF PATTERSON, CALIFORNIA
By
Femando Ulloa, Interim City Manager Dated
By:
Nubia Goldstein. Citl Anomel' Dated
ATTESTATION BY CITY CLERK:
By
Aracely Alegre, City Clerk Dated
PROPERTY OWNER(S):
By 6 - za',3?
Mohammed Shaya Altarb. Owner Dated
Deferred Improvement Agreement - 3 I 4 N 2"d St, Patterson. CA 95363 Updated: 0611012024 Page 5 ol8
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or vatidity of that document.
State of Califomia
County of Stanislaus
Itroln
On June l0 2024 befbre mc. Sonia Delgado, Notan' Public . personally appeared D.*l s.- h.aJ" . who proved to me on the basis ofsatisfactory evidence )
)
)
to be the whose
to me that he/ executed the same in hi
his/heritheir signat,r./1 on the instrument
.(t"a tn" instrument.
st'tfh,r authonzed c
Oersof , or the entity
,/,
behal
subscribed to the within instrument and acknowledged
apaclt , and that by
the upon f of which the
"*"rt{ittuf
p"^",f) acted. ex
I certi! under PENALTY OF PERruRY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
sor{^ 0ELG^00
ttotlry Publi. - C.lilo.nt.
Stanltlau3 Colnty
Commitrioo I 2a7{,at O
Colnm. E.tpir6 l).< 27, 2027
ISeal]
Deferred Improvement Agreement - 314 N 2"d St. Patterson. CA 95363 Updated: 0611012024 Page 6 ol8
i@
Notary Public
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia
County of
On
)
)
)
20_, before fte,
Notarv Public, personally appeared , who proved
to me on the 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 certifo under PENALTY OF PERIURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
Notary Public ISeal]
Deferred Improvement Agreement - 3 I 4 N 2"d St, Patterson, CA 95363 Updated: 0611012024 Page 7 of8
WITNESS my hand and official seal.
EXHIBIT A
SITE MAP
314 N. 2ND STREET
PATTERSON, CA 95363
APN#: l3l-010-030-000
1 t
rt
I
t
!
I
2 I
f ao
?
\
I
!
I
f
I
I
I
1 I
f
- It
] l4 N. 2NI) STREET- Ranch Burger
a7632 t-d t2l l:1332
a
a
B
!
\
.,-
'otI
-r'
-1
-- 1 4
rA q
.!
-
I
\] ,
'l- t
a
:\ p
I v o
'1-
%'q \
32-1
3oo -l
33 t
)
I
I
I
\
?? li
(
N
s
\z
7 .t1(i
\
F
)
\ o )sl
-,
r. I
Deferred lmprovement Agreement - 3 l4 N. 2nd Sreet, Patterson, CA 95363 Updated: 02/1512024 Page 8 of8
411
7{r}_-