Water & Sewer Allocations - California Kitchen Cabinet Door Corporation - Amendment
I' ;")
:
City of Gilroy
DOCU"'ENT: 16335870 Tit I es:1 / Pages: 6
I ~ 11111 I I II II III ~ Fees. . . 22.00
Taxes.
Cop i es. .
00;001633587000; AMT PAID 22.00
BRENDA DAVIS ROE fl 006
SANTA CLARA COUNTY RECORDER 6/28/2002
Recorded at the request of 11: 11 AM
City
RECORDING REQUESTED BY:
WHEN RECORDED, MAIL TO:
Rhonda Pellin, City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(SPACE ABOVE TillS LINE FOR RECORDER'S USE)
(previously unrecorded)
AMENDMENT TO AGREEMENT
between The City of Gilroy and
California Kitchen Cabinet Door Corporation
Successor-in-interest to Lincoln Gilroy II, a limited partnership
1
(
AMENDMENT TO AGREEMENT
This Amendment to Agreement ("Amendment") is made and entered into this"'?:/"Z day of"""""-"'v.:.('-.8""'-<=--. ,
20~, ("Effective Date") by and between the CITY OF GILROY, a municipal corporation, in the County of Santa
Clara, State of California ("CITY"), and CALIFORNIA KITCHEN CABINET DOOR CORPORATION
("DEVELOPER/OWNER"), successor-in-interest to Lincoln Gilroy II, a limited partnership. This Amendment
amends that certain agreement entered into by the CITY and Lincoln Gilroy II on September 14, 1998
("Agreement"), pertaining to sewer and water allocation for 5755 Rossi Lane, APN 841-15-140 ("Property"), as
indicated on the map attached as Exhibit "A" to the Agreement.
REelT ALS
A. WHEREAS, the CITY and Lincoln Gilroy II entered into the Agreement on September 14, 1998, to increase
from Two Thousand Five Hundred (2,500) to Nine Thousand Seven Hundred (9,700) gallons per day the
sewer treatment plant capacity allocation for the Property, and from Four Thousand Five Hundred (4,500) to
Seventeen Thousand One Hundred (17,100) gallons per day the peak water use allocation for the Property;
and
B. WHEREAS, pursuant to the Agreement, Lincoln Gilroy II paid Eighty-nine Thousand Eight Hundred and
Fifty-six Dollars and No Cents ($89,856.00) for the increase in sewer treatment plant capacity allocation of
Seven Thousand Two Hundred (7,200) gallons per day as described in Recital A, and paid Thirty-two
Thousand One Hundred and Forty-two Dollars and Sixty Cents ($32,142.60) for the increase in peak water
use allocation of Twelve Thousand Six Hundred (12,600) gallons per day as described in Recital A; and
c. WHEREAS, the Agreement followed two prior agreements pertaining to sewer treatment plant allocation and
peak water use allocation for the Property by and between the CITY and Lincoln Property Company, the
prior owner ofthe Property; and
D. WHEREAS, the Agreement by its terms is a covenant which runs with the land and is binding upon, and
inures to the benefit of, the parties to the Agreement and their respective successors, heirs, administrators and
assigns, and therefore is binding on the CITY and DEVELOPER\OWNER; and
E. WHEREAS, the Agreement provides that in the event that DEVELOPER/OWNER's sewer treatment plant
capacity usage and/or peak water allocation usage is consistently less than the increased allocations stated in
Recital A above, the DEVELOPER/OWNER may sell back to the CITY the excess capacity purchased under
the Agreement at the original purchase price stated in the Agreement or may retain the excess capacity for
future growth or expansion; and
F. WHEREAS, DEVELOPER/OWNER desires to sell back to the CITY the sewer treatment plant capacity
increase in allocation stated in Recital B in consideration of return of the purchase price stated therein, and
also desires to sell back to the CITY a portion of the peak water use allocation increase stated in Recital Bin
consideration of the return of the pro rata proportion of the purchase price stated therein; and
G. WHEREAS, the CITY desires to purchase the peak water use allocation and sewer treatment plant capacity
allocation that DEVELOPER/OWNER desires to sell; and
H. WHEREAS, the CITY and DEVELOPER/OWNER desire to continue the Agreement in force under the
terms and conditions stated therein in all other respects not inconsistent with this Amendment.
\NVH\533252.2
-1-
.
NOW, THEREFORE THE PARTIES AGREE:
I. DEVELOPER/OWNER agrees to sell, and the CITY agrees to purchase, (a) sewer treatment plant capacity
allocation in the amount of Seven Thousand Two Hundred (7,200) gallons per day in consideration of the sum of
Eighty-nine Thousand Eight Hundred and Fifty-six Dollars and No Cents ($89,856.00); and (b) peak water usage
allocation in the amount of Eleven Thousand One Hundred (11,100) gallons per day gallons per day in consideration
of the sum ofTwenty-eight Thousand Three Hundred and Sixteen Dollars and Ten Cents ($28,316.10). The existing
allocations, amount of allocations repurchased and refunded by City, and the DEVELOPER/OWNER'S allocations
for the Property upon execution of this Amendment are summarized as follows:
Sewer treatment plant allocation:
Peak water use allocation:
Existing allocation:
Refunded allocation:
New allocation:
9,700 gallons per day
7,200 gallons per day
2,500 gallons per day
Existing allocation:
Refunded allocation:
New allocation:
17,100 gallons per day
11,100 gallons per day
6,000 gallons per day
The method of calculating the new allocations and the monetary refund due to the DEVELOPER\OWNER by
the CITY are described in the attached Exhibit A to this Amendment.
2. DEVELOPER\OWNER and CITY agree that all of DEVELOPER/OWNER's rights to the sewer treatment
plant capacity allocation and the peak water usage allocation in excess of the amounts stated above as ''New
allocation" are terminated and null and void as of the Effective Date ofthis Amendment.
3. Except as specifically modified by the terms ofthis Amendment, the Agreement shall remain unchanged and
in full force and effect. In the event of a conflict between the terms ofthe Agreement and this Amendment, the
terms ofthis Amendment shall control.
I'"
Dated: November~, 2001
Dated: November '7,2001
DEVELOPER/OWNER:
By:
Its:
cC
a>?1/ /'-"" .;~
-
Dated:
./
November ~, 2001
l------------
it JAMEllE ORTIZ
_ Commission' 1350597 ~
~ Notary Public - California ~
~ Santa Cia III County f
My Comm, Expires Apr 9.2006
9-~--~---
CITY ATTORNEY:
By: Wttf.UL
LINDA A. CALL ON
\NVH\533252.2
-?-
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Amendment to Agreement between the City of Gilroy
and California Door Corporation, Sucessor-in-interest
to Lincoln Gilroy II, a limited partnership
On June 11, 2002, before me, Jamelle Ortiz, Notary Public, personally appeared
Ed Rossi personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he had executed the same in
his authorized capacity, and that by his signature on this instrument the person or
the entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
0"' /1U)).(
------------}
JAMElLE ORTIZ
~ it Commission' 1350597 z
~ Notary Public - California !
I Santa Clalll County t
My Comm. Expires Apr 9, 2006
-----..-----------
Per GC Sec. 40814; CC Sec. 1189
(Notary Seal)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Amendment to Agreement between the City of Gilroy and
California Kitchen Cabinet Door Corporation, Successor-in-interest
to Lincoln Gilroy II, a limited partnership
On February 12,2002, 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.
WITNE... S. S my hand an:2d 0 . I seal.
d' .
~'-- ,~.LA..-<""-~
Signature of Notary Public
J- - - - - -;~- -
Ie Conwni.ion.'3058,1 J
JIabay PIIbIIc - ~ I
8enta CI8ra CotInIJ -
- _ _ ~~_~~1~~f
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
EXHIBIT "A" WATER USE RECORD EVALUATION
AND ALLOCATION REASSESSMENT
Property address: 5755 Rossi Lane Date record checked: 9-17-01
Parcel No: 841-15-140 Checked by Jim Gasser
Property Owner: California Door Company
Contact Info.: Ron Ianni
Current occupants: Elephantbooks.com (since 2-1-01) and Oroweat (since 3-1-01)
Agreement date: Sept 14, 1998, with Lincoln Gilroy II, a limited partnership
Building Meter No: 4300463001
Irrigation Meter No.: 4300483001
Building meter use Irrigation meter use Total
Month/year Gal/mo. Gal/day Gal/mo. Gal/day Gal/day
1. August 2001 48,000 1548 103,000 3323 4871
2. July 47,000 1516 123,000 3968 5484
3. June 49,000 1633 119,000 3967 5600
4. May 58,000 1871 91,000 2935 4806
5. April 43,000 1433 67,000 2233 3667
6. March 47,000 1516 27,000 871 2387
7. February 48,000 1739 6,000 214 1953
8. January 171,000* 1739 12,000 387 2126
9. Dec. 2000 245,000* 1739 54,000 1742 3481
10. November 300,000* 1739 13,000 433 2172
11. October 419000* 1739 117,000 3774 5513
12. September 379,000* 1739 119,000 3967 5706
High 3-month average
water use: 1739 (used for sewer allocation) 5606
Current Allocations: Recommended Allocations: Refund:
Water: 17,100 gpd Water: 6000 gpd Water: 11,100 gpd
Sewer: 9700 gpd Sewer: 2500 gpd Sewer: 7200 gpd
NA*: Previous tenant water use; not applicable to current tenant
Water Refund Calculation:
Water allocation purchased in 1998 = 12,600 gpd at $32,142.60
Refund = 11,100/12,600 x $32,142.60 $28,316.10
Sewer allocation purchased in 1998 = 7200 gpd at $89,856.00
Refund for 7200 gpd 89,856.00
Total Refund = $118,172.10