COMPLETED BOARD ORDER�",��32.1
Before the Board of Supervisors in and for the
County of Monterey, State of California
Authorize the Public Works Director to execute an
amendment to the Subdivision Improvement Agreement
for the Valley View subdivision CHISPA PLN040767)
to substitute a deed of trust as improvement security
until such time as the project is ready to proceed, and
grant an extension of time to perform.
Upon motion of Supervisor Parker, seconded by Supervisor Salinas, and carried by those
members present, the Board hereby:
Authorized the Public Works Director to:
1) Execute the amendment to Subdivision Improvement Agreement for the Valley View
subdivision CHISPA PLN040767) attached hereto as exhibit 1; and
2) Accept the deed of trust on behalf of Monterey County.
PASSED AND ADOPTED this 21st day of July, 2009, by the following vote, to wit:
AYES: Supervisors Armenta, Salinas, Calcagno, Parker
NOES: None
ABSENT: Supervisor Potter
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book 75 for the meeting on July 21, 2009.
Dated: July 22, 2009 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Motterey, State of California
By
Z, WJ
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SIGNED BOARD REPORTX��",��MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: July 21, 2009 AGENDA NO.: 32.1
SUBJECT: Authorize the Public Works Director to execute an amendment to the
Subdivision Improvement Agreement for the Valley View subdivision CHISPA
PLN040767) to substitute a deed of trust as improvement security until such
time as the project is ready to proceed, and grant an extension of time to
perform.
DEPARTMENT: County Counsel
RECOMMENDATION:
It is recommended that the Board of Supervisors authorize the Public Works Director to execute
an amendment to the Subdivision Improvement Agreement for the Valley View Subdivision to
substitute a deed of trust in favor of the County of Monterey as security for subdivision
improvements, until such time as the development is ready to proceed, and grant an extension of
time to perform.
SUMMARY/DISCUSSION:
In 2006, the Board of Supervisors approved a tentative subdivision map for the Valley View
subdivision CHISPA PLN040767), a standard subdivision of 33 residential lots, with 28 single
family dwellings targeted toward low and very-low income families, and 5 single family
dwellings targeted toward moderate-income families. The project is located in San Lucas, in the
Central Salinas Valley area.
In May of 2007, and in conjunction with consideration of a final subdivision map for the project,
CHISPA and the County entered into a Subdivision Improvement Agreement concerning certain
improvements to be constructed as partof the project. The agreement required, in part, that
CHISPA provide the County with payment and performance bonds regarding certain public
improvements to be constructed as part of the project, and that substantial construction of the
improvements be commenced within 180 days of the date of the agreement. Following approval
of the agreement, a final map was approved by the Board of Supervisors. CHISPA provided, and
has maintained, the necessary bonds.
Due to economic circumstances, CHISPA has determined to delay construction of the project
until some time in the future, and has requested that the County amend the agreement to
provide that: 1) the time for completion of the improvements be extended for a period of two
2) years; and 2) the County accept a deed of trust over the property in lieu of payment and
performance bonds until such time as the project is ready to proceed, at which time CHISPA
will post new and updated payment and performance bonds in compliance with the Monterey
County Code. The amendment will also provide that CHISPA seek the consent of the
County in the event any or all of the property is to be sold prior to the posting of new
payment and performance bonds, such consent not to be unreasonably withheld.
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SIGNED BOARD REPORTX��",��Valley View Subdivision Improvement Agreement Amendment
July 21, 2009
Page 2
OTHER AGENCY INVOLVEMENT:
The Redevelopment and Housing Department, and Public Works Department concur in this
action.
FINANCING:
There is no financial impact with this action.
Prepared,by:
/v.
of
Assistant County Counsel
Date: July 14, 2009
arles J. Me'Kee-
County Counsel
Attachments: Board Order; Amendment to Subdivision Improvement Agreement
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FIRST AMENDMENT TO MONTEREY C-�FIRST AMENDMENT TO
MONTEREY COUNTY SUBDVISION IMPROVEMENT AGREEMENT
THIS FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE VALLEY VIEW SUBDIVISION is made and effective as of
the last date opposite the respective signatures by and between the County of Monterey, a
political subdivision of the State of California, hereinafter COUNTY," and CHISPA,
INC., hereinafter, SUBDIVIDER." COUNTY and SUBDIVIDER are sometimes
referred to herein as the PARTIES."
RECITALS
1. The PARTIES have executed a certain Subdivision Improvement Agreement for
the Valley View Subdivision, which was dated, May 2007, and recorded on May 24,
2007, with the Monterey County Recorder, Monterey County, California Agreement").
2. The PARTIES wish to modify and amend the terms of the Agreement in the
manner provided herein and in accordance with Section 25 of the Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing definitions and recitals,
which are hereby incorporated as part of the agreement of the PARTIES, and for such
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the PARTIES agree as follows:
1. Amendments to the Agreement.
A. The RECITALS" as originally stated in the Agreement is hereby deleted and
replaced in its entirety with the following revised recitals:
Final Map: Valley View Subdivision SUBDIVISION")
Tentative Map Resolution of Approval No. Tentative Map" or Resolution of
Approval"): Resolution No. 06-089
Title of Improvement Plans: Valley View Subdivision
Name of Surety or Financial or Other Institution Providing Security
Instrument hereafter referred to as Surety"), Address, and Contact
Person: N/A deed/trust pursuant to Section 6 f)
Estimated Cost of Improvements:
Grading Improvements: $107,850.00
Streets Public/Private: $252,321.00
1 EXHIBIT 1
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FIRST AMENDMENT TO MONTEREY C-�Storm Drain:
Sewer:
Water:
Landscaping:
Tot Lot and horseshoes
Retaining Walls:
Erosion Control:
Dry Utilities
Other Infrastructure
Estimated Total Cost of Improvements
10% Contingency
Faithful Performance Bond 100�40 of Est. Total Cost):
Form of Security, if other than bond:
Reference information e.g., Bond Number):
Labor & Materials Bond 50% of Est. Total Cost):
Form of Security, if other than bond:
Reference information e.g., Bond Number):
Warranty Security 20% of Est. Total Cost)
Estimated Total Cost of Monumentation
Form of Security, if other than bond:
$129,000.00
$180,075.00
$101,060.00
$ 34,500.00
$ 40,451.00
$168,750.00
$ 10,000.00
$101,931.00
$ 0.00
$1,165,488.00
$ 116,548.00
$1,282,036.00
deed/trust $1,282,036.00)
pursuant to Section 6 f)
N/A
$641,018.00
deed/trust $641,018.00)
pursuant to Section 6 f)
N/A
$ 256,407.00
$ 2,500.00
deed/trust $2,500.00)
pursuant to Section 6 f)
B. Section 1, SUBDIVIDER'S Obligation to Construct Improvements," subsection
d," first sentence, is revised. and replaced in its entirety with the following:
Commence and complete construction and installation of the Improvements
within two 2) years from the County's approval of the First Amendment to
the Agreement, with future extensions as necessary.
All of the other requirements and language of Section 1, subsection d, shall
remain the same.
C. Section 6, Security," as originally stated in the Agreement is hereby amended to
include new subsection f," which shall provide as follows:
f. Alternatively, a Deed of Trust in favor of the County of Monterey
in the form attached hereto as Exhibit A" and incorporated herein by
reference Deed of Trust"), shall be recorded. The Deed of Trust shall
guarantee payment for the estimated cost of all work required under this
Agreement, including the faithful performance of the construction and
installation of the Improvements, labor and materials, a one 1) year
warranty of the Improvements, and setting SUBDIVISION monuments.
The Deed of Trust shall constitute security for the improvements for the
2 EXHIBIT 1
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FIRST AMENDMENT TO MONTEREY C-�SUBDIVISION pursuant to Government Code Section 66499(a) 5) until
such time as any further grading, building, or other construction permit(s)
are to be issued for the SUBDIVISION. Prior to the issuance of any
further grading, building, or other construction permits for the
SUBDIVISION, SUBDIVIDER agrees to replace the Deed of Trust with
one or more bonds in the amounts specified in the Agreement, which
shall be updated in compliance with Monterey County Code section
19.13.010 to reflect then current estimates for improvements at the time
of bonds are required to be posted.
D. Section 23, Binding on Successors and Assigns," is amended to read as follows:
This Agreement shall be binding upon the successors and assigns of each
of the parties. Sale of all or part of the lands of the underlying
SUBDIVISION shall not serve to transfer the obligations of the
SUBDIVIDER under this Agreement. SUBDIVIDER shall obtain the
consent of the COUNTY, which consent shall not be unreasonably
withheld, prior to the sale of all or any part of the SUBDIVISION if such
sale is to occur prior to the posting of bonds as set forth in section 6(f),
above.....
E. The Agreement is amended to add Exhibit A, Deed of Trust," which is attached
hereto and incorporated by reference in the Agreement.
2. No other amendments, modifications, or alterations, other than the amendment
specifically stared herein are contemplated or made part of the execution of this
Amendment. All other terms, conditions, provisions, rights, duties, and benefits stated in
the Agreement shall continue in full force and effect, unless and until modified in
accordance with the provisions of the Agreement.
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FIRST AMENDMENT TO MONTEREY C-�IN WITNESS WHEREOF, the PARTIES have executed this First
Amendment to the Agreement.
CHISPA, INC. COUNTY OF MONTEREY
By: By:
Public Works Director
Title:
Date:
Proper Notarization of CHISPA, I NIC.'S
signature is required and shall be attached)
Date:
ATTEST:
CLERK TO THE BOARD COUNTY OF
MONTEREY
By:
Date:
APPROVED AS TO FORM
CHARLES J. McKEE, County Counsel
Date:
4
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EXHIBIT A - DEED OF TRUST"-�EXHIBIT A
DEED OF TRUST
5 EXHIBIT 1
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EXHIBIT A - DEED OF TRUST"-�RECORDING REQUESTED BY
First American Title Company
AND WHEN RECORDED MAIL DOCUMENT
AND TAX STATEMENT TO:
County of Monterey Public Works Chad Alinio)
168 West Alisal Street, 2nd Floor
Salinas, Ca. 93901
Space Above This Line for Recorder's Use Only
A.P.N.: 231-061-001-000 through 231-061- File No.: 2701-2382166 SB)
033-000
DEED OF TRUST
THIS DEED OF TRUST is made this between Community Housing Improvement Systems and
Planning Association, Inc., a California Non-Profit Benefit Corporation Trustor"), First American
Title Company, a California corporation Trustee"), and the County of Monterey, a Political
subdivision Beneficiary").
Trustor grants to Trustee in trust, with power of sale, that property located in the County of
Monterey, State of California, described as:
Lots 1 through 33, as shown on that certain map entitled Tract No. 1488, Valley View
Subdivision", filed for record May 24, 2007, in Volume 24 of Cities and Towns, at page 6,
filed in the Office of the County Recorder, County of Monterey, State of California
for the purpose of securing the payment of $2,181,961, which represents the estimated costs of
completing certain subdivision improvements, including faithful performance, labor and materials,
warranty, and monumentation pursuant to Trustor's obligations under that certain Monterey County
Subdivision Improvement Agreement," executed by Trustor and Beneficiary and dated May 22, 2007,
and as amended by the First Amendment to Monterey County Subdivision Improvement Agreement,"
executed by Trustor and Beneficiary on The Agreement and Amendment
are hereby incorporated by reference.
To protect the security of this Deed of Trust, Trustor agrees:
A. To keep said property in good condition and repair, not to remove or demolish any building
thereon; to complete or restore promptly and in good and workmanlike manner any building
which may be constructed, damaged or destroyed thereon and to pay when due all claims for
labor performed and materials furnished therefor, to comply with all laws affecting said property
or requiring any alterations or improvements to be made thereon, not to commit or permit waste
thereof; not to commit, suffer or permit any act upon said property in violation of law; to
cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use
of said property may be reasonably necessary, the specific enumerations herein not excluding the
general.
Continued on Page 2)
1193 1/94)
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IMPROVEMENT-U012
SECURITY-U012
UNTIL-U012
SUCH-U012
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EXHIBIT A - DEED OF TRUST"-�B. To pay, at least ten days before delinquency all taxes and assessments affecting said property,
including assessments on appurtenant water stock; when due, all encumbrances, charges and
liens, with interest, on said property or any part thereof, which appear to be prior or superior
hereto; all cost, fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or
Trustee, but without obligation so to do and without notice to or demand upon Trustor and
without releasing Trustor from any obligation hereof, may: make or do the same in such manner
and to such extent as either may deem necessary to protect the security hereof, Beneficiary or
Trustee being authorized to enter upon said property for such purposes; appear in and defend any
action purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;
pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of
either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary
expenses, employ counsel and pay his reasonable fees.
C. To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with
interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to
pay for any statement provided for by law in effect at the date hereof regarding the obligation
secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by
law at the time when said statement is demanded.
D. That any award in connection with any condemnation for public use of or injury to said property
or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release
such moneys received by him in the same manner and with the same effect as above provided for
disposition of proceeds of fire or other insurance.
E. That by accepting payment of any sum secured hereby after its due date, Beneficiary does not
waive his right either to require payment when due of all other sums so secured or to declare
default for failure so to pay.
F. That at any time or from time to time, without liability therefore and without notice, upon written
request of Beneficiary and presentation of this Deed, and without affecting the personal liability
of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part
of said property; consent to the making of any map or plat thereof; join in granting any
easements thereon, or join in any extension agreement or any agreement subordinating the lien or
charge hereof.
G. That upon written request of Beneficiary stating that all obligations secured hereby have been
met, and upon surrender of this Deed to Trustee for cancellation and retention or other
disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee
shall reconvey, without warranty, the property then held hereunder. The recitals in such
reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The
Grantee in such reconveyance may be described as the person or persons legally entitled
thereto."
H. That upon default by Trustor in payment of any indebtedness secured hereby or in performance
of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due
and payable by delivery to Trustee of written declaration of default and demand for sale and of
Continued on Page 3) EXHIBIT 1
1193 1/94)
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EXHIBIT A - DEED OF TRUST"-�written notice of default and of election to cause to be sold said property, which notice shall
cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed and all
documents evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said
notice of default, and notice of said having been given as then required by law, Trustee, without
demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale,
either as a whole or in separate parcels, and in such order as it may determine, at public auction
to the highest bidder for case in lawful money of the United States, payable at time of sale.
Trustee may postpone sale of all or any portion of said property by public announcement at such
time and place of sale, and from time to time thereafter may postpone such sale by public
announcement at the time fixed by the preceding postponement. Trustee shall deliver to such
purchaser its deed conveying the property so sold, but without any covenant or warranty, express
or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the
truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter
defined, may purchase at such sale.
After deducting all costs, fees and expenses of trustee and of this Trust, including costs of
evidence of title in connection with sale, Trustee shall apply to proceeds of sale to payment of:
all sums expended under the terms hereof, not then repaid, with accrued interest at the amount
allowed by law in effect at the date hereof; all other sums then secured hereby; and the
remainder, if any, to the person or persons legally entitled thereto.
Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time
to time, by instrument in writing, substitute a successor or successors to any Trustee named
herein or acting hereunder, which instrument, executed by the Beneficiary and duly
acknowledged and recorded in the office of the recorder of the county or counties where said
property is situated shall be conclusive proof of proper substitution of such successor Trustee or
Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title,
estate, rights, powers and duties. Said instrument must contain the name of the original Trustor,
Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name
and address of the new Trustee.
J. That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. In this Deed, whenever the
context so requires the masculine gender includes the feminine and/or neuter, and the singular
number includes the plural.
K. That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a
public record as provided by law. Trustee is not obligated to notify any party hereto of pending
sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary
or Trustee shall be a party unless brought by Trustee.
L. Trustor requests that copies of any notice of default and notice of sale be sent to 295 Main St.,
Suite 100, Salinas, CA 93901.
Trustor requests that copies of notices of foreclosure from the holder of any lien which has
Continued on Page 4)
1193 1/94)
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EXHIBIT A - DEED OF TRUST"-�priority over this Deed of Trust be sent to Beneficiary's address, as set forth on page one of this
Deed of Trust, as provided by Section 2924 of the California Civil Code.
M. If the Trustor shall sell, convey or alienate said property, or any part thereof, or any interest
therein, or shall be divested of his title or any interest therein in any manner or way, whether
voluntarily or involuntarily, without the written consent of the Beneficiary being first had and
obtained, Beneficiary shall have the right, at its option, except as prohibited by law, to declare
any indebtedness or obligations secured immediately due and payable.
Trustor: Accepted as Benficiary:
CHISPA, INC. COUNTY OF MONTEREY
By:
Title:
By:
Date: Public Works Director
Date:
ATTEST:
CLERK TO THE BOARD COUNTY OF
MONTEREY
By:
Date:
APPROVED AS TO FORM:
CHARLES J. McKEE, County Counsel
Date:
ODntinued on Page 5)
1193 1/94)
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EXHIBIT A - DEED OF TRUST"-�STATE OF
COUNTY OF
SS
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 California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature
My Commission Expires: This area for official notarial seal
Notary Name: Notary Phone:
Notary Registration Number: County of Principal Place of Business:
Continued on Page 6)
1193 1/94)
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EXHIBIT A - DEED OF TRUST"-� DO NOT RECORD----------------------------------------------------------
REQUEST FOR FULL RECONVEYANCE
To: First American Title Company, a California Dated:
corporation, Trustee
The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust.
All sums or obligations secured by said Deed of Trust have been fully paid and satisfied; and you are
hereby requested and directed, on payment to you of any sums owing to you under the terms of said
Deed of Trust, to cancel all evidences of indebtedness, secured by said Deed of Trust, delivered to you
herewith together with said Deed of Trust, to reconvey, without warranty, to the parties designated by
the terms of said Deed of Trust, the estate now held by you under the same.
Mail Reconveyance to:
Community Housing Improvement Systems and
Planning Association, Inc
295 Main St., Suite 100
Salinas, CA 93901
County of Monterey, a Political Subdivision of the
State of California
By
By
Do not lose or destroy this Deed of Trust OR THE NOTE OR AGREEMENT which it secures.
Both must be delivered to the Trustee for cancellation before reconveyance will be made.
1193 1/94)
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