SteriGenics International
RECORDING REQUESTED BY
S
DOCUMENT: 14421464 Tit I es: I / Pages: 6
11II11 111111 11111111 Fees. . . 22.00
Taxes. . .
Copies.
lIi0014421464l1i AMT PAID 22.00
BRENDA DAVIS RDE fI 008
SANTA CLARA COUNTY RECORDER 9/29/1998
Recorded at the request of 8:25 AM
City
AND
WHEN RECORDED MAIL TO:
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
Attn. : City Clerk
APN:
841-15-122
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
August 3 , 1998 ("Effective Date") by and between the City of Gilroy, a municipal
corporation ("City") and SteriGenics International, Incorporated, a Delaware corporation
("Owner") .
RECITALS
A. Owner is the fee owner of certain real property located at 5900 Obata Way,
Gilroy, California, more particularly described on Exhibit "A" attached hereto ("Property").
Owner desires to construct a new building comprised of approximately sixty-four thousand five
hundred (64,500) square feet upon the Property (the "Building"). In connection with the
development of the Building, Development Impact Fees in the amount of Ninety-three Thousand
Eight Hundred Eighty-five Dollars and Forty-nine Cents ($93,885.49) will be due and owing to
City upon issuance of a building permit for construction of the Building. Pursuant to a certain
Agreement between the parties, being entered into concurrently herewith ("Deferral Agreement"),
the City will grant Owner a contingent credit against Development Impact Fees in the amount of
Ninety-two Thousand Dollars ($92,000) (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 Building 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. 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: August 3
. .. .
Dated: August S
Its:
:Dp~ . City Cler~ · ~
AP~~:J~b~~e~.~
City Attorney
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Dated: July 29, 1998
Dated:
, 1998
August
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82-072004706002
STERIGENICS INTERNATIONAL,
ORATW D e corporation
ames F. Clouser
resident and Chief Executive Officer
STERIGENICS INTERNATIONAL,
INCORPORATED, a Delaware corporation
By:
Its
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EXHIBIT" A"
(Legal Description)
All that certain Real Property in the City of Gilroy, County of Santa Clara, State
of California, described as follows:
All of Parcel 2, as shown upon that certain Map entitled, "Subdivision of Parcels
4 and 5, of Book 544 of Maps, Page 6 and Parcel6A of Book 582 of Maps
Page 22 of Souths ide Industrial Park in the City of Gilroy, County of Santa Clara",
which Map was filed for record in the Office of the Recorder of the County of
Santa Clara, State of California, on July 15, 1988 in Book 588 of Maps, Pages 34
and 35, and as amended by a Certificate of Correction recorded March 20, 1989
in Book in K883 Page 668 Official Records. ct
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STATE OF California }
ss.
COUNTY OF A1amed~1
G. - \ :rt)Q
Qri . C f-"t-'l(J)efore me,
appeared Tho s Balutis
I~
o personally known to me "()R- ~roved to me on the basis of satisfactory
evidence to be the perso~ whose
nameM isl.art!" subscribed to the within
instrument and acknowledged to me
that hcl~ executed the same in
his/lle11.lftdt authorized capacity~,
and that by his/heritaeit' signature(s) on
the instrument the perso~ or the
entity upon behalf of which the
personfsr' acted, executed the
Ji strument.
TNESS my hand
. . f".
SI A
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to fill in the data below, doing so may prove
invaluable to persons relying on the
document.
o INDIVIDUAL
ID CORPORATE OFFICERS(S)
Chief Financial Officer
Title(s)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
,.A...-.....-...~.-....................~...............A...'"^'-t
0'1""8 GINA C. JIMENEZ 7
CO MM. II 1174209 :..
,,- : NOTARY PUBLIC-CALIFORNIA Gl
~ ALAMEDA COUNTY 0
I COMM. EXP. FEB. 21, 2002 ...
,--.......-----~-----------------.:::~
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SteriGenics International, Inc.
CA'LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of Santa Clara
On
August 6, 1998
DATE
before me, Patricia K. Bentson, Notary Public
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared
JAY BAKSA
NAME(S) OF SIGNER(S)
l~ ~ ~ ~ ~ ;A~~~ ~ ~i
.. 8- I COMM. # lCM071 I
I'. NcJtay NIle - CaIfomIa ...
SANTA ClARA COUN1V
J ~ ~~~.~~9~~ 1
...~
GJ personally known to me - OR - D proved to me on the basis of satisfactory evidence
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.
WITN ESS my hand and official seal.
~~o~
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
COVENANT REGARDING DEVELOPMENT
FEES
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S)
D LIMITED
D GENERAL
6 (Including this notarial certif.)
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
~ OTHER: r.T~V AnMTNT~~RA~nR
NUMBER OF PAGES
August 3, 1998
DATE OF DOCUMENT
r.T~V OF GILROY
JAMES F. CLOUSER,
LINDA A. CALLON,
PATRICIA BENTSON.
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184
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