Recording Requested by
and when Recorded mail to:
Richmond Nevin Associates,
A California Limited Partnership
430 E. State Street, Suite 100
Eagle, ID 83616
Attn: Caleb Roope
______________________________________________________________________________________ Space above this line for recorder's use
AMENDMENT TO AGREEMENT FOR ISSUANCE OF BUILDING PERMITS AND DEFERRAL
OF PAYMENT OF IMPACT FEES
This Amendment is made as of __________, 2022 by and between Richmond Nevin Associates, A California Limited Pa rtnership, a California limited partnership (“Owner”) and the City of Richmond, a California Municipal Corporation (“City”).
RECITALS
A. Owner and City entered into that certain Agreement for Issuance of Building Permits and Deferral of Payment of I mpact Fees (“Agreement”) on December 20, 2017 and recorded the Agreement in the real property records of Contra Costa County, California as Document #2018-0114876-00 on July 19, 2018.
B. The Agreement misstated in Recital C the amount that Owner was obligated to pay for impact fees on an affordable multifamily development known as Twenty One and T wenty Three Nevin (the “Project”) as $4,028,984.34.00. The correc t amount was $3,528,984.34.
C. The Agreement also misstated in Recital D the amou nt that Owner requested as a deferment as $3,528,984.34. The correct amount was $3,028,984.34.
D. Owner has since paid to City the required impact fees of $3,028,984.34 for the issuance of the building permits . The $500,000.00 remaining due in impact fees is secured by the Fee Deferral Loan Note dated Dec ember 20, 2017 and that certain Deed of Trust and Security Agreement recorded in the real property records of Contra Costa County, California as Document #2018-0127118-00 on August 9, 2018. Therefore, Owner and City desire to amend the Agreement.
AGREEMENT
Definitions
1. Capitalized ter ms used but not defined herein shall have the respective meanings attributed thereto in the Agreement.
Amendment
2. Owner and City agree that the Agreement shall be and hereby is amended as follows:
A. The amount stated in Recital C is replaced with $3,528,984.34.
B. The amount stated in Recital D is replaced with $3,028,984.34.
C. The amount is Section 1 of the Agreement is replaced with $3,028,984.34.
Agreement
3. The City acknowledges that Owner has since paid to City the required impact fees of $3,028,984.34 for the issuance of the building permits and only applicable provisions of the Agreement shall continue on the same terms and conditions except as specifically set forth herein.
Binding Effect
4. This Agreement shall be binding on and shall inure to the benefit of t he heirs, executors, administrators, successors, and assigns of Owner and City.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the date set forth above.
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: President and CEO
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
CITY:
CITY OF RICHMOND,
a California municipal corporation
By: ____________________
Name: ____________________
Its: ____________________
A notary public or other officer completing this certificate verifies only the identity of the individual w ho signed t he document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of __________
County of __________
On _________________ before me, _________________________, 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/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 __________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cert ificate is attache d, and not the truthfulness, accuracy, or validity of that document.
State of __________
County of __________
On _________________ before me, _________________________, Notary Public, personally appeared CHRISTINA ALLEY, 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 __________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________
A notary public or other officer completing this certificate verifies only the identity of the individual w ho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of __________
County of __________
On _________________ before me, _________________________, Notary Public, personally appeared ____________________, 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 __________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________