20189011487600010
• CONTRA COSTA Co Recorder Office
JOSEPH CANCIAMILLA, Clerk-Recorder
DOC 2018-0114876-00
Acct 2601-Commonwealth Land Title Los Angeles
Thursday, JUL 19, 2018 09:56:22
SB2 $0.00|MOD $10.00|REC $20.00
Recording Requested by FTC $9.00|RED $1.00|ERD $1.00
and when Recorded, return to: Ttl Pd $41.00 Nbr-0003259728 AAA/RC/1-10
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attn: City Manager
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
9194013-9
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
AGREEMENT FOR ISSUANCE OF BUILDING PERMITS AND DEFERRAL OF
PAYMENT OF IMPACT FEES
THIS AGREEMENT FOR ISSUANCE OF BUILDING PERMITS AND DEFERRAL OF PAYMENT OF IMPACT FEES ("Agreement") is made as of December 20, 2017 by and between RICHMOND NEVIN ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership ("Owner") and the CITY OF RICHMOND, a California Municipal Corporation ("City").
RECITALS as to its effect upon the title.
not been examined as to its execution as an accommodation only. It has Commonwealth Land Title Company This instrument filed for record by A. Owner owns fee simple title to the real property known as APN 514-090-018 & APN 514-080-013 as more particularly described in Exhibit A attached hereto and incorporated herein by this reference; and
B. Owner intends to construct an affordable multifamily development known as Twenty One and Twenty Three Nevin to be constructed on property located at the southwest corner of Nevin Avenue and 23d Street and 344 21s Street in Richmond, California (the "Property"). The proposed project will consist of 268 affordable housing rental units targeting very low and low income seniors and families and 3 unrestricted manager's units (the "Project"); and
Owner is obligated to pay impact fees for the Project to the City in the amount of $4,028,984.34.00 ("Impact Fees"); and
D. Owner has requested that the City issue building permits for construction of the Project and has requested a deferment in the amount of $3,528,984.34 until the date the Project is issued Certificates of Occupancy. The City has also agreed to provide a Fee Deferral Loan in the for the remaining amount due of $500,000.
NOW, THEREFORE, in consideration of the premises, the issuance of said permits and promises and covenants herein contained, the undersigned agree as follows
1. Deferment of payment of the impact fees in the amount of $3,528,984.34 (the "Construction Period Deferred Impact Fees") are hereby granted and Owner hereby promises to pay to the City the full amount of said fees, without reduction or offset, on the date a Certificates of Occupancy are issued by the City.
2. Should the Owner fail to comply with the provisions of Paragraph 1 above, the City is hereby granted a statutory lien as to the full amount of the Construction Period Deferred Impact Fees pursuant to Civil Code Sections 2884, et seq., with all the rights of a lien or therein set forth.
3. Owner shall indemnity, defend and hold free and harmless the City, its officers, employees and agents from any claims, lawsuits, costs, liability, damages or expenses, including costs of suit and fees and expenses for legal services, arising from or out of the construction of the Project or the issuance of building permits as requested by the Owner.
4. To further assure the City of Owner's promises herein contained, the Owner agrees that this agreement may be recorded in the office of the Contra Costa County Recorder against the property on which the Project is to be constructed.
5. In the event legal action is undertaken by either party to enforce the terms of this agreement, or to remedy the breach thereof, the prevailing party in such action shall be entitled to an award of its attorney's fees and costs.
6. The foregoing obligations of the Owner shall burden the property described and constitute a covenant running with the land in favor of and for the benefit of the City and its property, shall be enforceable thereby, and shall be binding upon the successor, assigns, transferees, and heirs of Owner.
This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by Owner and City.
Notices. If at any time after the execution of this Agreement it shall become necessary to convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid and (a) If intended for City shall be addressed to:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attn: Bill Lindsay
City Manager
(b) If intended for Owner shall be addressed to:
Richmond Nevin Associates,
a California Limited Partnership
430 E. State Street, Suite 100
Eagle, ID 83616
Attn: Caleb Roope
Central Valley Coalition for Affordable Housing,
a California non-profit public benefit corporation
3351 M Street #100
Merced, CA 95348
Attn: Christina Alley
[REMAINDER OF PAGE INTENTIONALLY BLANK]
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, City and Owner executed this Agreement to be effective as of the date first above written.
CITY:
CITY OF RICHMOND,
a California municipal corporation
By: wro
Name: WILLIAM A LINDSAY
Title: COM MANAGER
OWNER:
RICHMOND NEVIN ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership
By: TPC Holdings VI, LLC,
an Idaho limited liability company
Its: Administrative General Partner
By:
Name: Caleb Roope
Its: Manager
By: Central Valley Coalition for Affordable Housing
a California nonprofit public benefit corporation
Its: Managing General Partner
By:
Name: Christina Alley
Its: Chief Executive Officer
[SIGNATURES MUST BE ACKNOWLEDGED]
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.
Certificate of Acknowledgement
State of California
County of Contra Costa
on July L,2018, before me. Ursula Irene De loa.
,Notary Public
personally appeared, William Any intendsay
who proved to me on the basis of satisfactory evidence to be the personfs) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shé/they executed the same in his/her/their authorized capacity(ies), and that by his/heritheir signature(s) on the instrument the personts) or the entity upon behalf of which the person (p) 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.
URSULA IRENE DE LOA
Notary Public - California
WITNESS my hand and official seal Contra Costa County
Commission # 2173944
My Comm. Expires Dec 26.2020
Unsaladrene Девол
Signature of Notary Public Place Notary Seal Above
IN WITNESS WHEREOF, City and Owner executed this Agreement to be effective as of the date first above written.
CITY:
CITY OF RICHMOND,
a California municipal corporation
By:
Name:
Title:
OWNER:
RICHMOND NEVIN ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership
By: TPC Holdings VI, LLC,
an Idaho limited liability company
Its: Administrative General Partner
-
By:
Name: Caleb Roope
Its: Manager
By: Central Valley Coalition for Affordable Housing
a California nonprofit public benefit corporation
Its: Managing General Partner
By:
Name: Christina Alley
Its: Chief Executive Officer
[SIGNATURES MUST BE ACKNOWLEDGED]
A notary public or other officer completing this
accuracy, or validity of that document.
State of Idaho
County of Ada
On July 3, 2018 before me, Peter Van Dorne, Notary Public, personally appeared Caleb Roope, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Idaho that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Commission Expires: 8/1/2023
....
NOTARY
PUBLIC
•
the date first above VeERED, City and Owner executed this Agreement to be efective as of CITY:
CITY OF RICHMOND,
a California municipal corporation
-
By:
Name:
Title:
OWNER:
RICHMOND NEVIN ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership
By: TPC Holdings VI, LLC,
an Idaho limited liability company
Its: Administrative General Partner
By:
Name: Caleb Roope
Its: Manager
By: Central Valley Coalition for Affordable Housing
a California nonprofit public benefit corporation
Its: Managing General Partner
By: Chuesterallily
Name: Christina Alley
Chief Executive Officer
[SIGNATURES MUST BE ACKNOWLEDGEDJ
ACKNOWLEDGMENT
attached, and not the truthfulness, accuracy, or
validity of that document.
Coun or California, Merced
On July 5, 2018 before me, Chelsey Alley, Notary Public (insert name and title of the officer)
personally appeared Christina Alley
who proved to me on the basis of satisfactory evidence to be the persong, whose names) is/ape 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(si or the entity upon behalf of which the person spacted, 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.
CHELSEY ALLEY
WITNESS my hand and official seal. Notary Public - California Merced County
Commission # 2146206
My Comm. Expires Mar 14. 2020
some aling Alleg (Seal)
•
EXHIBIT A
Legal Description
All that certain real property situated in the City of Richmond, County of Contra Costa, State of California, described as follows:
PARCEL ONE:
Lots 1 thru 10 inclusive and Lots 15 and 16 in Block 103 as shown on the Map entitled, "Amended Map of the City of Richmond" filed March 31, 1905 in Book D of Maps, Page 74, in the Office of the County Recorder of Contra Costa County.
Excepting therefrom all mineral deposits as defined in Section 6407 of the Public Resources Code lying below a depth of 500 feet, without the right of surface entry, as reserved by the State of California in the Quitclaim Deed recorded January 11, 2005, Series No. 2005-10471, Official Records.
Assessor's Parcel No. 514-080-013
PARCEL TWO:
Lots 1 thru 12 inclusive and Lots 15 thru 17 inclusive in Block 104 as shown on the Map entitled, "Amended Map of the City of Richmond" filed March 31, 1905 in Book D of Maps, Page 74, in the Office of the County Recorder of Contra Costa County.
Excepting therefrom all mineral deposits as defined in Section 6407 of the Public Resources Code lying below a depth of 500 feet, without the right of surface entry, as reserved by the State of California in the Quitclaim Deed recorded January 11, 2005, Series No. 2005-10471, Official Records.
Assessor's Parcel No. 514-090-018