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Paragon, LLC . . Ii .. DOCUMENT: 14939443 Titles: 1/ Pages: 7 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 111111111111111111111 -0014939443- 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 City ROE "* 009 8/13/1999 11: 48 AM ~~: 841-14-041 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 Augus t 2 , 1999 ("Effective Date") by and between the City of Gilroy, a municipal corporation ("City") and Paragon Limited Liability Corporation, a California corporation ("Owner"). RECITALS A. Owner is the fee owner of certain real property located at 6060 Monterey Street, Gilroy, California, more particularly described on Exhibit "A" attached hereto ("Property"). Owner desires to construct a new hotel comprised of one hundred thirty-nine rooms (139) upon the Property (the "Hotel"). In connection with the development of the Hotel, Development Impact Fees in the amount of Seven hundred sixty-four thousand six hundred twelve dollars and thirty-one cents ($764,612.31) will be due and owing to City upon issuance ofa building permit for construction of the Hotel. Pursuant to a certain Agreement between the City of Gilroy and Paragon Limited Liability Corporation, being entered into concurrently herewith ("Deferral Agreement"), the City will grant Owner a contingent credit against Development Impact Fees in the amount of Seven hundred sixty- four thousand six hundred twelve dollars and thirty-one cents ($764,612.31) ("the Deferred Fees"), pursuant to which all or a portion ofthe 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 Hotel 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- ~OW, THEREFORE, FOR VALUABLE CO~SIDERATIO~, 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: 6.-3- q q -2- STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On August 3, 1999, before me, Rhonda Pellin, ~otary 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. WI~SS my hand and official seal. ~~d2~~~ Signatlrre of Notary Public 1------------ it RHONDA PB.1lN f. _ Commission # 1142623 i Notay Public - Califania f t Salta CIao County f ... __ ... ~~..:.~~1:~1 per GC Sec. 40814; CC Sec. 1181 ~otary Seal) . . . Dated: g ~ 3 -c; cr Dated: Dated: Y(}-b/r117 / I ~d /)4 . ATTES . . 1ff./~ !:::t.~~~k City Clerk APPROVED AS TO FORM: ~U.e~~ City Attorney PARAGON LIMITED LIABILITY CORPORA nON By ~/?7 Its: Authorized Legal Representative By: Its: uthorized Legal Representative -3- ... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 personally appeared cJd- f L. t}. ()]~-zf:>- t:t1 before me,~WI1N C7H ( G0ut D TE NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" ~ {tv&, ~ (tV&, ~LooMj NAME(S) F SIGNER(S) D personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the persor;kS) whose namekS) is/are- subscribed to the within instrument and ac- knowledged to me that he/sfle/tl.ey executed the same in his/I=ter/theif authorized capacity(ys), and that by his/hgr/thciF signature~ on the instrument the personk5'), or the entity upon behalf of which the person(;i7 acted, executed the instrument. ......-. - - - i@KWANSHIWU-i ~ _ . Commission # 1226304 {' iz 'fo- a Notary Public - Califomia ~ Los Angeles County i My CO~m. Expires Jut J 6,2003 , ...~ WITNESS my hand and official seal. State of County of On ~/?/? / " /~L SIGNATURE OF NOTARY 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 D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~J On D personally known to me - OR - ~roved to m on the basis of satisfactory evidence to be the person(~) whose name(l) is/aFe' subscribed to the within instrument and acknowledged to me that he/she/thoy executed the same in hisJt-lElrfthoir authorized capacity(~, and that by hisfAeritheir signature(~) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ----1 .......-.........-...... l :j,~~5888 i i _' Notary PubIC - CdfomJa ~ ~. ;' San Mateo CoUltV ! 1..:: ';J:~~' MyCOITlf1'l Expires Dee 20. 2lXXl __ .,C ~:r"'" ~Jr........ -- -- -- -- WITNESS my hand and official seal. ~ 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: ~ ~. ~.-....~.:7 ~ .!AI Kf// #- y 'I Document Date: Number of Pages: tJ I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Corporate Officer Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER D Individual D Corporate Officer Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: @ 1994 National Notary Association' 8236 Remmel Ave.. P.O. Box 7184 . Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ,. .. '. .... EXHIBIT "A" All that certain Real Property in the City of Gilroy, County of Santa Clara, State of California, described as follows: All of Lot 6, as shown upon that certain Map, "Map of Henry Reeves Subdivision of Las Animas Ranch Lot No. 49" which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on January 8, 1888, in Volume "C" of Maps, at Page 47. Exception therefrom that portion thereof acquired by the State of California through a Condemnation Proceedings for Highway Purposes, Case ~o. 223754, Superior Court of the State of California for the County of Santa Clara. -4-