Ruggeri-Jensen-Azar & Associates
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RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
DOCUMENT: 15865131
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100158651311
Titles: 1 / Pages:
6
Fees....* No Fees
Taxes. . .
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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
City
RDE ** 004
9/12/2001
11: 27 AM
APN: 841-69-038 (portion)
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
5-ep+e f'K-b e y ~ , 2001 ("Effective Date") by and between the City of Gilroy, a municipal
corporation ("City") and Ruggeri-Jensen-Azar & Associates, a California Corporation ("Company"),
and Golden Pacific Surveys, a California Corporation ("Company").
RECITALS
A. Company is the fee owner of, or has a leasehold interest in, certain real property located at
8055 Camino Arroyo, Gilroy, California, more particularly described on Exhibit" 1" attached hereto
("Property"). Company desires to operate a professional engineering and surveying business at a new
industrial building comprised of approximately Nine Thousand Eight Hundred and Fifty-six (9,856)
square feet upon the Property (the "New Business"). In connection with the development of the New
Business, Development Impact Fees in the amount of Thirty-two thousand, Three hundred and
seventy dollars and seventy-five cents ($32,370.75) will be due and owing to City upon issuance of
a building permit for construction of tenant improvement on the property for the New Business.
Pursuant to a certain Agreement between the City of Gilroy and Ruggeri-Jensen-Azar & Associates,
and Golden Pacific Surveys, being entered into concurrently herewith ("Economic Incentive
Agreement"), the City will grant Company a contingent credit against Development Impact Fees in
the amount of Thirty-two thousand, Three hundred and Seventy dollars and seventy-five cents
($32,370.75) ("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.
-1-
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:
1. Company 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 Company hereby declare their express intent that the covenants set forth
in this Agreement are covenants running with the land, and apply to and bind Company and each of
Company'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 Company and its heirs, assigns, successors
and successors-in-interest, and all subsequent owners ofthe 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:
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Dated:
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Dated: ~..3 0/ ;;L(Jb}
Dated: ~. 30. ;;>c:>C>/
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ATTEST:~~l/~..;
City Clerk
APPROVED AS TO FORM:
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City Attorney
Ruggeri-Jensen-Azar & Associates,
a California Corporation
BY:~#~
~Arminta J. J~en
Chief Financial Officer
Golden Pacific Surveys,
a California Corporation
BY:~~<
Arminta J. Je en
President
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EXlllBIT "I"
All that certain real property in the City of Gilroy, County of Santa Clara, State of California,
described as follows:
PARCEL ONE:
PARCEL C, as shown upon that certain parcel map filed for record March 2,2001 in Book 737
of maps, pages 22 through 26, Santa Clara County Records.
PARCEL TWO:
Easements for ingress and egress, storm drains, sanitary sewers & utilities over Parcels A and B
of the above described Parcel Map as granted in the easement and maintenance agreement
recorded June 11,2001, Series No. 15719949, Official Records.
841-69-03 8
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CR/GI/AG
T498-47-32
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
}ss
County of fY)ont~~
On ~cl. 30. d-OOI ,before me,
Date "
personally appeared
Ann:/l-te>.. J. ~lCl.l'\SU\
Name(s) of Signer(s)
~personally known to me
D proved to me on the basis of satisfactory
evidence
~------------~
SHARON A. VIERRA
a Commiuion' 1245215
i' Notary Public - Califomia ~
j Monterey County f
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to be the person~) whose name(l) ~
subscribed to the within instrument and
acknowledged to me tha~ executed
the same in ~~. ~uthorized
capacity(ies-), and tliat by ~~r
signature~ on the instrument the person(~, or
the entity upon behalf of which the person(\)
acted, executed the instrument.
Place Notary Seal Above
WITNESS my hand and official seal.
{j"CU-Vl'.. (:(. U~ ~
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: C O/J ev. IlL... -f iCe, ct/ d '7
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Document Date: Number of Pages:
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Signer(s) Other Than Named Above: ~-4; o~ 6i/ ~7 / C.-.ry e./~J::.1
Capacity(ies) Claimed by Signer
Signer's Name: Ar"",-.-",+e.- y. Jt::.1"t s,e^
o Individual
.81 Corporate Officer _ Title(s): r;. C'side.-..:::l cIu t!!..f h""'-c./J tJII,'a.- Top of thumb here
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o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing: i?A.'lje/i. - } cn~l!:rl - 4-:J44 ~ 4s~ .
4old-e.-.. p~-.{:.'L. 5(N/1'"~s
@ 1997 National Notary Association. 9350 De Soto Ave., P.Q, Box 2402 . Chatsworlh, CA 91313-2402
Prod, No, 5907
Reorder: Call Toll-Free 1-800-876-6827
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STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: COVENANT REGARDING DEVELOPMENT FEES
(COVENANT RUNNING WITH THE LAND)
Between City of Gilroy and Ruggeri-Jensen-Azar & Associates
and Golden Pacific Surveys
On September 4,2001, 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.
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Signature of Notary Public
J- - - - - -....... -- - - - -
. RHONOA PEWN
- ~ion.1~15 J
I Notary Public - Carrfomill ~
j S8nta CI~ County f
MyCamm. Expires .l.r119, 2005
-- -- -- -- -- .- .&~.....~ _. - __ "'IiII""
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)