Southpoint Business Park Assocaites
DOCUMENT: 15444523
Titles 1 / Pages 7
..(1015444523"
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AMT PAID
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RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Recording Service
RDE ** 006
11/02/2000
11 15 AM
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attn: City Clerk
APN:
841-69-038
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
October 16 , 2000 ("Effective Date") by and between the City of Gilroy, a municipal
corporation ("City") and Southpoint Business Park Associates, a California joint venture ("Owner")
RECITALS
A Owner is the fee owner of certain real property located at 8055, 8075, and 8095
Camino Arroyo, Gilroy, California, more particularly described on Exhibit "A" attached hereto
("Property"). Owner desires to construct three (3) new industrial buildings comprised of
approximately Thirty-six thousand five hundred thirty-six (36,536) square feet (the "New Business").
It is the Owner's intent to divide the property into three (3) parcels, each with one building. In
connection with the construction of the New Business, Development Impact Fees will be due and
owing to City upon issuance of a building permit for construction of the New Business. Pursuant to
a certain Agreement between the City of Gilroy and Southpoint Business Park Associates, being
entered into concurrently herewith ("Deferral Agreement"), the City will defer payment of the
Development Impact Fees ("the Deferred Fees") until such time as a permit for tenant improvements
is issued for the individual buildings, at which time, the Deferred Fees on the parcel( s) for which a
permit for tenant improvements is issued, will be due and payable. At the rates in place at the time
of payment. The parties desire to enter into and record this Covenant as notice to all subsequent
owners of the Property that the Deferred Fees 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. Owner hereby agrees, on behalf of itself and all subsequent owners of the Property,
to pay, when due, all Deferred Fees, 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: I {I I if rr-' 0
CITY OF~R~_~
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City Clerk
APPROVED AS TO FORM:
~
City Attorney
SOUTHPOINT BUSINESS PARK ASSOCIATES,
a California joint venture
Arcadia Associates I,
a California general partnership
q.:?~/
Eli Remhara
Its: General Partner
By:
Glen Lorna Group,
a California general partnership
,.,
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ST ATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On October 16, 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
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per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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1 c.95 National Notary ASSOciation. 8236 Remmel Ave., P,O Box 7184 . Canoga Park, CA 91309-7184
Prod. No 5907
Reorder. Call Toll-Free '-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of to (r{Cr (\ \ Cl ,
County of SO\\~ U~
On Cc-\DtRf- S J 2CCO before me, JSJr \ L. And€.rsen
DATE NAME, TITLE OF OFFICER. E.G., 'JANE DOE, NOTARY PUBLIC'
personally appeared Joh\'\ EJljc.e..., ,
NAME(S) OF SIGNER(S)
Ki personally known to me - OR - D proved to me on the basis of satisfactory evidence
r to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
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WITNESS my hand and official seal.
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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
TTTLE(S)
D PARTNER(S)
D LIMITED
D GENERAL
D AITORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTTN(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of to \'\-tOr\\\Q
County of SO\\h cJC\~
On ~-to~ S J 2CCJ before me, ~r \ L. And~"rs-en
DATE NAME. TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC"
personally appeared John 5li~
NAME(S) OF SIGNER(S)
fd personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
t to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
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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
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERV A TOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTITY(lES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., PO Box 7184. Canoga Park. CA 91309-7184
,.
EXHIBIT "A"
Parcel 3, as shown upon that certain parcel map filed for record January 19, 1993 in Book 643 of
Maps, pages 21, 22 and 23, Santa Clara County Records.
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