J.N Abbott Distributor
DOCUMENT: 15266044 Titles:1 / Pages: 6
III1 m 11111111111
.0015266044.
Fees...* No Fees
Taxes. .
Copies.
AMT PAID
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
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
RDE ** 007
5/3112000
1: 13 PM
APN: 841-15-085
SPACE ABOVE THIS LINE FOR RECORDER'S USE
COVENANT REGARDING DEVELOPMENT FEES
(COVENANT RUNNING WITH THE LAND)
~ A ~ This Covenant Regarding Development Fees ("Covenant") is made and entered into as of
nu' ii, 2000 ("Effective Date") by and between the City of Gilroy, a municipal corporation
("City") and 1. N. Abbott Distributor, Incorporated, a California corporation ("Owner").
RECITALS
A. Owner is the fee owner of certain real property located at 6001 Rossi Lane, Gilroy,
California, more particularly described on Exhibit "I" attached hereto ("Property"). Owner desires
to construct a new industrial building comprised of approximately Fifteen thousand (15,000) square
feet upon the Property (the "New Business"). In connection with the development of the New
Business, Development Impact Fees in the amount of Forty-five thousand one hundred three dollars
and ten cents ($45,103.10) 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
J. N. Abbott Distributor, Incorporated, being entered into concurrently herewith ("Deferral
Agreement"), the City will grant Owner a contingent credit against Development Impact Fees in the
amount of Forty-five thousand one hundred three dollars and ten cents ($45,103.10) ("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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EXHIBIT "I"
All that certain real property situate in the City of Gilroy, County of Santa Clara, described as
follows:
All of Parcel 3, as shown on that certain Parcel Map 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.
Assessors Parcel No. 841-15-085
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I.
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: rY1 A j
! ) I (.;2.0 (:I c)
I
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Dated:
IY1 /lAf I I .2nn 0
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Dated: I- U
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ATTEST. '/J1J;i~\_J)---t.~~~,(,--
City Clerk
APPROVED AS TO FORM:
\~U~
City Attorney
1. N. Abbott Distributor, Incorporated, a
California Corporation
{l~()~
Dennis Abbott, President
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
No. 5907
/lll. I. '/~ NY1/l' ~
State of l.)II-{/1' V'" I
County of ~ d~
On ~' [/3tJ;;{j.6b. before me, P ~ fJ-h 1L~ '";"---
personally app~:;ed J).QInl1 ; .s Mbot1.ICER-EG~"JANEDOE'NOTARYPUBLlC" ,
NAME(S) OF SIGNER(S)
D per~gnally Im6vvll lo IIle - OR - ~proved to me on the basis of satisfactory evi~ce
to be the person(~ whose name(~ ~ye
subscribed to the within~strument and ac-
knowledged to m~a! Ws~~ey executed
the same in ~~ei~thorized
capacity(ids), and that by his/ !ftheir
signature(~ on the instrument e personJ.s1.
or the entity upon behalf of which the
person/~') acted, executed the instrument.
PARESH AFRi:::AW~.LA
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<. ;:' ~ No'o'" Public - California ~
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OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
~ CORPO~TE OFFI,CER
_ ~ 1c{rYnf-
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
DESCRIPTION OF ATTACHED DOCUMENT
ftPJV#- lr 1..1-1 ~ /!> ---- [) !r
()J u ~ ~. /}Pv, .f:eft!3
TITLE OR TYP OF DOCUMENT
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
@
NUMBER OF PAGES
If) 3/00.
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On May 11,2000, 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.
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Signature of Notary Public
I.~ - - ~H?~;A ;~N - - J.
_ CommISSIon # 1142623
I' Notay Public - Califcmia ~
I Santa Ciao Counly f
_ __ __ ~~..:~J~I:~1 '.
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)