Radiation Detection Company
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
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Titles I / Pages
6
Fees
Taxes
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City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attn: City Clerk
BRENDA DAVIS
RSANTA CLARA COUNTY RECORDER
ecorded t th
R . a e request of
ecordrng Service
22 BB
ROE t; BB6
12/29/2BBB
I B8 PM
APN: 841-69-038 (portion)
SPACE ABOVE TI lIS 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
1)0 u--{Yl\. /~/y- Iv, , 2000 ("Effective Date") by and between the City of Gilroy, a municipal
corporation ("City") and Radiation Detection Company, Incorporated, a California corporation
("Company").
RECIT ALS
A. Company is the fee owner of, or has a leasehold interest in, certain real property
located at 8095 Camino Arroyo, Gilroy, California, more particularly described on Exhibit "1"
attached hereto ("Property"). Company desires to construct a new industrial building comprised of
approximately Twelve thousand and Fifty-six (12,056) square feet upon the Property (the "New
Business"). In connection with the development of the New Business, Development Impact Fees in
the amount of Fifty-two thousand, Four hundred and Thirty-four dollars and ninety-three cents
($52,434.93) 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 Radiation Detection
Company, Incorporated, being entered into concurrently herewith ("Economic Incentive
Agreement"), the City will grant Company a contingent credit against Development Impact Fees in
the amount of Fifty-two thousand, Four hundred and Thirty-four dollars and ninety-three cents
($52,434.93) ("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. 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 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: \ \ - \t; .. If C
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ATTES1\.-"_.^ /i () cd.. ('- \ .. j /(.. \. J /
City Clerk
Dated: \ \ \t - ( C
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Dated:
/O-~G. Crt)
APPROVED AS TO FORM
~d"~
City Attorney
Radiation Detection Company, Incorporated,
a California Corporation
By:
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ST ATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On November 6,2000, 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.
~~IT.NESS my hand, ar1d-O)ial seal.
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Signature of "otarv Public
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- €t Commission It 11<42A23 ~
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z: Sarto Qaa County -
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per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of ~
County of ~ ~
On &~ ~ ;;lC5CrO before me,
"" ~ ltiiio,
personally appeared . 4. .
NAME\S) 0 IGNER(S)
D personally known to me - OR - ~ proved to me on the basis of satisfactory evidence
to be the person(pf whose name(~ is/ate"
subscribed to the within instrument and ac-
knowledged to me that he/sho/they executed
the same in his/hG-r/their authorized
capacity(iy6), and that by his/her/th-eir
signature~ on the instrument the person~,
or the entity upon behalf of which the
person~ acted, executed the instrument.
~
~. :':*i:A;~:73 -I
~ ~ Notay Publ1c - CoIifcma ~
1 Santa Clara county I
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WITN ESS my hand and official seal.
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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
El CORP~
TITlE(S)
DESCRIPTION OF ATTACHED DOCUMENT
~~
~~ . Itdd
TITLE OR TYPE OF DOCU ENT
D PARTNER(S)
D LIMITED
D GENERAL
5'
D ATTORNEY-iN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERV A TOR
D OTHER:
NUMBER OF PAGES
/Or~_~O
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. POBox 7184. Canoga Park. CA 91309-7184
EXHIBIT" I"
All that real property situated in the City of Gilroy, County of Santa Clara, State of California,
described as follows:
A portion of Parcel 3, as said Parcel is shown on the Parcel Map filed in Book 643 of Maps at
Page 21, Records of Santa Clara County, being more particularly described as follows:
Commencing at a one inch iron pipe located in the centerline of the street delineated as Camino
Arroyo on said Parcel Map filed in Book 643 at Page 21, said point being located at the
southeasterly end of the curve shown on said Parcel Map as having a radius of 425.00 feet, a delta
angle of 47020'35", and an arc length of351.17 feet; thence southeasterly along said centerline of
Camino Arroyo
a.) S 24022'00" E, 120.80 feet; thence leaving the centerline of Camino Arroyo
b.) S 65038'00" W, 32.00 feet to a point on the southwesterly line of Camino Arroyo, said point
also being the most northerly corner of said Parcel 3, and the TRUE POINT OF BEGINNING of
this description; thence running along said southwesterly line of Camino Arroyo
1.) S 24022'00" E, 151.02 feet to the beginning of a curve to the left having a radius of 4932.00
feet; thence
2.) Southeasterly along the southwesterly line of Camino Arroyo through a central angle of
00026'38", an arc distance of38.21 feet; thence leaving the southeasterly line of Camino Arroyo
3.) S 63050'25" W, 192.34 feet; thence
4.) S 24022'00" E, 18.44 feet; thence
5.) S 65038' 16" W, 35.50 feet; thence
6.) N 24022'00" W, 185.62 feet; thence
7.) N 58036' 10" W, 229.33 feet to the TRUE POINT OF BEGINNING of this description.
Containing .95 acres, more or less. 4
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