Recording Requested by
CITY OF PATTERSON
After Recording Retum 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)
DEFERRED IMPROVEMENT AGREEMENT
275 S. ROGERS ROAD. PATTE,RSON, CAI-IFORNIA
APN# 021-093-012
THIS AGREEMENT made and entered into this 23,Jl day of 3. t.1 2025.by and between City ol Patterson, hereinafter cUtea ("Cny"), and MDHE Entrprises, LLC, hereinafter called ("DEVELOPER") and./or the ('PROPERTY OWNER').
WHEREAS, Developer is the PROPERTY OWNER of Oak Harbor Freight Lines located at 275 S. Rogers Road (APN#: 021-093-012), Patterson, CA 95363, and as described in "Exhibit "B", attached hereto and herein by reference (the "Property"); and WHEREAS. the City requires that improvements be constructed or guaranteed in accordance with Government Code Section 66485. Requirements of Stanislaus County, and City Ordinance No. 508 (Municipal Code Section 16.40.020)l and City Ordinance No. 250 (Municipal Code Section 13.02.540); and
WHEREAS. MDHE Enterprises, LLC, requests City approval to defer certain improvements required under the project's Conditions of Approval "Exhibit A" consisting of decorative landscaping and fencing along the S. Rogers Road frontage, until such time as development is extended south of the project site; and
NOW, THEREFORE, for and in consideration of the mutual covenants and considerations contained herein, the City. Developer, and./or the PROPERTY OWNER agree as follows:
Scope. The purpose of this Deferred Improvement Agreement is to document the improvements deferred under this Agreement, which are required for the subject property pursuant to the Project's Conditions of Approval. This Agreement establishes the necessary security and obligates the PROPERTY OWNER to construct and install the required improvements, at the PROPERTY OWNER sole expense, upon written notification by the City, in accordance with standards established by the CITY. All 275 S. Rogers Road Defened Improvement Agreement
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provisions olthis Ageement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors in interest, as if such successors had been expressly named herein.
2. Propertv Owner Oblisations.
a. To guarantee the landscaping and fencing improvements upon approval and recordation of this Agreement to construct and install the improvements required by the Public Works Director, Community Development Director and City Engineer as described in this Agreement.
b. Provide the City an Engineers Estimate lor the design, plan check, construction management serwices, inspections and installation of the improvements. to be reviewed by the City Engineer.
c. To install the landscaping and fencing improvements at the time the undeveloped areas located to the south of this property develop, or within two years of the execution ofthis agreement .
d. To submit necessary construction plans to the CITY for the Improvements within 60 days after receipt of written notification from the CITY; commence construction ofthe project within 60 days after receiving approval from the CITY; and complete improvements described in this agreement within 120 days after commencement of construction.
e. To disclose and provide copies of this Agreement, together with all exhibi(s), to any buyer(s) of any portion of the Land. PROPERTY OWNER shall obtain a confirmation form from each buyer confirming that the buyer(s) receipt of the Agreement and shall provide a copy ofsuch lorm to the CITY lor their records.
f. In the event the PROPERTY OWNER lails to make the improvements as required, City may draw on posted security to complete the improvements and cause the cost thereof to be made a lien against the propeny for any outstanding fees and/or costs.
3. Citv Oblieations. CITY agrees:
a. Deler construction ol the improvements, as provided herein; and b. To provide the PROPERTY OWNER with a release and satisfaction exonerating this Agreement once the improvements, as provided herein, have been completed and accepted by the CITY.
4. Securitv Device. In order to guarantee that Developer shall fulfill 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 deferred 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 Iicensed Engineer or Licensed Landscape Architect and approved by the City's Engineer to establish the amount for the improvements. A 275 S. Rogers Road Deferred Improvement Agreement
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security bond shall be required in the amount equal to the total cost of the improvements.
In the event ofdefault in the performance of the obligations specified herein, City may elect to construct the improvements specified herein. Should 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. rerurn receipt requested, upon the owner(s) of the property subject to this agreement at the last known address ofsuch 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 of the Developer and/or the PROPERTY OWNER(s) and shall constitute a lien upon the property as noted in this agreement.
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 olthe Developer Improvements shall not relieve PROPERTY OWNER of the obligations in this Agreement or serve as a basis or defense in any action brought by CITY against PROPERTY OWNER for any damages arising lrom the bteach of any term or condition of this Agreement by PROPERTY OWNER.
6. Terms of this Asreement. The term of this Agreement shall be binding on PROPERTY OWNER 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 acquinng any interest in the Land or any part thereof, their heirs, successors and assigns; (ii) inure to the benefit of every portion of the Land and any interest therein; and (iii) inure to the benefit of and 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 of this Agreement remain valid 275 S. Rogers Road Deferred Improvement Agreement
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and in effect untrl all PROPERTY OWNER IMPROVEMENTS have been completed and approved by the CITY.
8. Assisnment. PROPERTY OWNER 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. PROPERTY OWNER 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; commercial ovemight courier, or facsimile.
Unless a party to this Agreement has given (10) day notice of a change of person and address for purposes of notice under this Agreement to the other party in writing, notices shall be directed to the following:
275 S. Rogers Road Deferred Improvement Agreement
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Notices to the CITY
City Manager
City Hall, 2"d Floor
I Plaza Circle
Patterson, CA 953 63
Telephone: (209) 895-8000
Fax: (209) 895-8069
With copy to
Nubia Goldstein, City- Attorney
I Plaza
City Hall
Patterson, Califomia 95 363
Tel: (209) 895-8000
Fax: (209) 895-8019
Notices to PROPERTY OWNER
Dan Vander Pol, Co-Owner
MDHE Enterprises, LLC
275 S. Rogers Road
Patterson. CA 953 63
Telephone: 253-804- I 007
E-mail: [email protected]
Amendment. This Agreement shall not be amended, modified, or canceled without the written consent ol the parties.
10. Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Stanislaus in the State of Califomia.
I I . Governins 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.
12. Attorney Fees. In any litigation, arbitration, or other proceeding by which any ol CITY, PROPERTY OWNER either seeks to enforce its rights under this Agreement or seeks a declaration ofany 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 hnal judgment.
275 S. Rogers Road Defened Improvement Agreement
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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 constitute one and the same instrument. Any facsimile copies hereof or signature thereon shall, for alI purposes, be deemed an original. l4 @.g. Upon the effective date of this Agreement, the CITY shall file this Agreement at the Stanislaus County Recorder's Office, Modesto, Califomia lor recording and it shall be binding on PROPERTY OWNER. and their successors, assigns and transferees.
275 S. Rogers Road Deferred Improvement Agreement
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IN WITNESS WHEREOF. the CITY and PROPERTY OWNER 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:
Dan Vander Pol, Co-Owner
MDHE Enterprises, LLC
275 S. Rogers Road
Patterson. CA 953 63
By:
Dan Vander Pol,
CO-OWNER
Dated: -7' z3 - zdL(
275 S. Rogers Road Deferred Improvement Agreement
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(NOTARIES ON THE FOLLOWING PAGES)
\OT.\ R\' .\C K\ O\\'LEDG\IE}..T
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 o f€+rti'ficnnia WA
County of K,
on J.trt ?3 .20@, before me, A^.'L ft,hrA, Notary Public, personally appe ;J th" \h1,, 3/l , 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 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 certifu under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and olficial seal. P(ln;* G,x,-X
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Notary Name:
Commission # 11#13
Notary Public Signature
Commission Expires: LlttAe
275 S. Rogers Road Deferred Improvement Agreement
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NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identiry ofthe individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validitv ol that document.
State of Califomia
County of
On , 20_, before me. _, Notary 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/sheithey executed the same in his/her/their authonzed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf ofwhich 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. Notary Name:
Commission #:
Commission Expires:
Notary Public Signature
IS e all
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EXHIBIT A
CONDITIONS OF APPROVAL
275 S. Rogers Road Deferred Improvement Agreement
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EXHIBIT B
REAI, PROPERTY DF],SCRIPTION
APN:021-093-012
275 S. Rogers Road Deferred Improvement Agreement
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THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PATTERSON. COUNTY OF STANISLAUS. STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Parcel I I as shown on Parcel Map filed for record May 3l ,2022 in Book 58 of Parcel Maps, at Page 52, Stanislaus County Records.