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Country Garlic USA RV Park DOCUMENT: 16476211 Titles: 1 1 Pages: 5 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ~ 11I111111111111111 II lCE0016476211lCE Fees. . . . Taxes. . . Copies. AMT PAID 19.00 19.00 City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attn: City Clerk BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE l:I 011 9/12/2002 11: 03 AM APN: Parcel 841-67-023 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 --- , 2002 ("Effective Date") by and between the City of Gilroy, a municipal co oration ("City") and EP&G Properties, a California partnership doing business as Country Garlic USA R V Park, hereinafter referred to as "Owner." RECITALS A. Owner is the fee owner of certain real property located at 650 Holloway Road, Gilroy, California, more particularly described on Exhibit "A" attached hereto ("Property"). Owner desires to construct or has caused to be constructed a new recreational vehicle park comprised of one hundred seventy-six (176) spaces to accommodate overnight recreational vehicle parking and commercial buildings of approximately four thousand nine hundred (4,900) square (the "New Business"). In connection with the development of the New Business, Development Impact Fees in the amount of Five Hundred Seventeen Thousand Two Hundred Forty-seven Dollars and Eleven Cents ($517,247.11) will be due and owing to City upon issuance of an encroachment permit for construction of the New Business. Pursuant to a certain Agreement between the City of Gilroy and EP&G Properties, a California partnership doing business as Country Garlic USA RV Park, being entered into concurrently herewith ("Deferral Agreement"), the City will grant Owner a contingent credit against Development Impact Fees in the amount of Two Hundred Thirty-six Thousand Eight Hundred Seventy-four Dollars ($236,874) ("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 encroachment 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. 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. \NVH\518953.1 01-06061NHSEOOO -1- 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 ofthe Property, all of whom shall have joint and several liability for the payment ofthe 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: q - 5~{)J_ ATTEST: Dated: q ~S-'- oJ- APPROVED AS T r : '~,O 44 ( ~ City Attorney Dated: '3-- '3 0 -OL.- . s, a California General Its: \NVH\518953.1 01-06061NHSEOOO -2- EXHIBIT A LEGAL DESCRIPTION All that certain Real Property in the City of Gilroy, County of Santa Clara, State of California, described as follows: Parcel One as shown on that certain Map filed in the Office of the Recorder of the County of Santa Clara, State of California on December 29, 1997, in Book 698 of Maps, Pages 12 and 13. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . ;,'~-;:'7:~<<:,,"--<~~~~"<<<X::<<,,--~~(,---,::-~&<>.e<'<<'~~.':,."L..~-<:L.-Q.::_(::!:""2'~~~~~<<.s;<'~cq;;&<':-:-.~~~,:<.'-9':~&5>Q0 I" ,. ~ / '~ o QI.. .1 8 ~ ~ x, State of California County of S/ftflJTlf CLAR t4 } ss ,: :I ;/ :< :..: ~ '< ~ ^ '" ,a i'i " ~~I ~ 1 ~ ) ~ ~ x, ~ ~,' ~ ~ .~ ~ g ~ ~ ~ ~ I ~ ~ ~ ~J i'\ 8 j , "~_._,,~.~~aL ~ ~~ <WtL~ 9, - - a () OPTIONAL 1 Though the information below is not required by law, it may prove valuable to persons relying on the document 9, and could prevent fraudulent removal and reattachment of this form to another document. i'\ ~ ~ Description of Attached Document g Title or Type of Document: ~ Document Date, Number of Pages i ~ ~ .[<j Signer(s) Other Than Named Above: (j ~ ~ ~ 9, I Capacity(ies) Claimed by Signer (i (>i.OS Signer's Name: OS ;,,,.., Ind"'dual ~ " Top of thumb here OS ~ Corporate Officer - Title(s): ~ ; =:J Partner - u Limited 0 General () ~ C Attorney in Fact ~ ~ C Trustee (j ~ / ~ Guardian or Conservator ~ ~ C Other: ;/ d ~ j Signer Is Representing: ~ rl / ~ ~ ~ ~ "\;<::.v'<;,^..;C<v'C<.-'C<.-'C<.-'C<.-'o..:o..i0;;-O:;'0v-'(C.xi<x,:c<;:<:;"xx..'c<y:x~'0:'0:;."'J;'0:;~~~'CZc<;~,<:~~~~v::;':.:;:;~c:o.7'--<;a;v) @ 1997 National Notary Association. 9350 De Solo Ave.. PO. Bo, 2402. Chalsworth. CA 91313-2402 Prod. No. 5907 Reorder Call Toll-Free 1-800.876-6827 On A-UCJ()~I f.O()~, before me, ~eN~~ndT1:;,~o~;:.:t1e.NotaryPUbliC) personally appeared e It a S IS iJ a y (-s Name(s) of Signer(s) ~' ~ :: "":, :::J personally known to me ~roved to me on the basis of satisfactory evidence Ji-=-~=:-J I Notay Pldc: - aA..1rll I j Santa CIcra COlI1fr - ~ _ _ ~~~~l~~f to be the personfst whose name(-'&f is/ale" subscribed to the within instrument and acknowledged to me that he/s~ executed the same in his/~ authorized capacity(1:el;.), and that by his/lh_,:t1~r signature(~ on the instrument the perso~, or the entity upon behalf of which the person~ acted, executed the instrument. .. STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Covenant Regarding Development Fees (Covenant Running with the Land) Lowe's mw., Inc. Dated: September 5, 2002 On SeDtember 114 2002, before me, Luoita Gaeta4 Nota" Public, personally appeared Jav Baksa4 City Administrator, 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. ~ .- .- - - - ~u~;~; - .- J - e Commission' 1352007 z ~. Notary Public - California ~ z _ ~ Santa CI.,.. County f ... ~ _ ~~~_~1~~ WITNESS my hand and official seal. 814; CC Sec. 1181 (Notary Seal)