Architectural Facades Unlimited
DOCUMENT: 14939444
I 111111111111111111
_12112114939444-
Titles: 1 / Pages: 6
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
Fees. * No Fees
Taxes. . .
Cop i es. .
AMT PAID
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attn: City Clerk
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
ROE l:I 009
8/13/1999
11: 48 AM
APN: 841-15-084
SPACE ABOVE THIS LINE FOR RECORDER'S USE
COVENANT REGARDING DEVELOPMENT FEES
(COVENANT RUNNING WITH THE LAND)
This Covenant Regarding Development Fees ("Covenant") is made and entered into as of
August 2 , 1999 ("Effective Date") by and between the City of Gilroy, a municipal
corporation ("City") and Architectural Facades Unlimited, Inc., a California corporation ("Owner").
RECITALS
A. Owner is the fee owner of certain real property located at 600 E. Luchessa Avenue,
Gilroy, California, more particularly described on Exhibit "A" attached hereto ("Property"). Owner
desires to construct a new industrial building comprised of Thirty-one thousand (31,000) square feet
(the "New Business"). In connection with the development of the New Business, Development
Impact Fees in the amount of Eighty-seven thousand two hundred eighty-two dollars and sixty-six
cents ($87,282.66) will be due and owing to City upon issuance ofa building permit for construction
of the New Business. Pursuant to a certain Agreement between the City of Gilroy and Architectural
Facades Unlimited, Inc., being entered into concurrently herewith ("Deferral Agreement"), the City
will grant Owner a contingent credit against Development Impact Fees in the amount of Eighty-seven
thousand two hundred eighty-two dollars and sixty-six cents ($87,282.66) ("the Deferred Fees"),
pursuant to which all or a portion of the Deferred Fees, together with interest thereon at the City's
highest investment rate for new monies computed from the date of issuance of the building permit
for the New Business until the amount owing is paid in full ("Interest"), may become payable to the
City at a later date on the terms and conditions set forth in the Deferral Agreement. The parties
desire to enter into and record this Covenant as notice to all subsequent owners of the Property that
the Deferred Fees and Interest may be payable by the Property Owner to the City in accordance with
the terms and conditions of the Deferral Agreement.
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NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE
AS FOLLOWS:
1. Owner hereby agrees, on behalf of itself and all subsequent owners of the Property,
to pay, when due, all Deferred Fees and Interest, in accordance with the terms and conditions set
forth in the Deferral Agreement.
2. The City and Owner hereby declare their express intent that the covenants set forth
in this Agreement are covenants running with the land, and apply to and bind Owner and each of
Owner's heirs, assigns, successors and successors-in-interest, and all subsequent owners of the
Property, all of whom shall have joint and several liability for the payment of the sums due to City
as described in this Covenant. Each and every contract, deed or other instrument hereafter executed
conveying the Property or any portion thereof shall be held conclusively to have been executed,
delivered and accepted subject to such covenants, regardless of whether such covenants are set forth
in such contract, deed or other instrument. All covenants contained herein shall, without regard to
technical classification or designation, be binding upon the Owner and its heirs, assigns, successors
and successors-in-interest, and all subsequent owners of the Property, for the benefit of the City, and
such covenants shall run in favor of City without regard to whether the City is an owner of any land
or interest therein to which such covenants relate.
3. If any action or suit is brought by one party against the other to enforce or interpret
this Covenant, the prevailing party in such action or suit shall be entitled to have and recover from
the other party all costs and expenses incurred in such action or suit, including reasonable attorneys'
fees.
4. If any provision of this Covenant is, or hereinafter is determined to be, for any reason
void, unenforceable or invalid, the remainder of this Covenant shall be and remain in full force and
effect. This Covenant shall be governed and construed in accordance with the laws of the State of
California. The waiver or failure to enforce any provision of this Covenant shall not operate as a
waiver of any future breach of any such provision or any other provision hereof
Executed on the date set forth below.
Dated: g -3 -1 9
. . I
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STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On August 3, 1999, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa
personally known to me to be the person whose name 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.
WITNESS my hand and official seal.
~~/J~.
Signature of Notary Public
I;;; - - ~N;A;~N- -I
e Commission tf 1142623 2
.~. Notay Pubf'1C - Califcmia ~
i bmJCQa~ I
......... ~~-.:.~~1:~1
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
Dated: S -3- 1( 9
Dated:
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Dated: 7- ~7- f?
ATTEST~:C &~~
ity Clerk
APPROVED AS TO FORM:
~~.~
City Attorney
ARCHITECTURAL FACADES UNLIMITED, INC.
By:
By9J~ & (lJ~
Francis X. Bracken
Its: Secretary
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. .
CALIFORNIA All.PURPOSI~ ACK~IOWLEDGME:NT No. 5907
aea!!2BS"e2B2~~eaea~!rIieeraae!2a~e-a~e.ea:I!~!eeeoare2'2:a~~::.
State of ~L-\ POfUJ \ A
County of SAIJTA ~A
On ~VW 1,.". l t:; .,c, before m9, l~L WA-eL- l.L P; NNU/\
-DlTE NAME, TTLE OF OFI"ICER . E.G., . ,lANE DOE, NOtARY PUBLIC"
personaHyappl9ared F(\J\t.Y'~~ 1Av1fi'- (3(\!\aeN MJf) /-A.M.-\,{ A-ucc t-lr0~ ~
NAME(S) OF SIGNER(S) --r--
o personally known to ml3 - on - ~proved to me on the basis of satisfactory evidE!nce
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to ITlH that he/she/they executed
tl"le same in his/her/thEdr authorized
capacity(ies), and that by his/her/U"leir
signature(s) on the instrument the person(s),
or the entlity upon behalf of which the
person(s) a.cted, executed the instrument.
.MICHAEL N. FINNEY
r: . Commission .1198644
g -- . Notary Public. California i
I . Santa Clara County I
M Comm. Expires 0cl18. 2002
. ~: ~~,ee A S81U e ~.. e.......... ......... ..
SS my hand and o1ficial seal.
"GJ]J:~) -
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Though the data below is not required by law, it may prove valuable to persons relying on the eJocurnent and could pn:lVent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGN!EB
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTIONI OF ATTACHED DOCUMEi'H
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS BEPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
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@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA ~11309-7184
EXHIBIT "A"
All that certain real property in the City of Gilroy, County of Santa Clara, State of California,
described as follows:
PARCEL ONE:
All of Parcel 2, as shown upon that certain Map entitled,"Parcel Map Being a Portion of Parcel '4'
as shown on that certain Record of Survey, recorded in Book 197 of Maps, at page 53, Santa Clara
County Records", which Map was filed for record in the Office of the Recorder of the County of
Santa Clara, State of California on June 15, 1982 in Book 501 of Maps, at page 24.
PARCEL TWO:
The rights appurtenant to said Parcels to receive service for railroad drill tracks operated upon the
above described Parcels as reserved in the Deeds to the City of Gilroy, a municipal corporation,
recorded in Book 8059, Page 640 of Official Records, reference being made hereby to the record
thereof for full particulars.
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