Water & Sewer Allocations - Chinatown, LLC
DOCUMENT: 19801000
Pages.
4
. . RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
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Fees
Taxes
Copies
AMT PAID
18 00
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
18 00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Contractor
RDE It 006
4/03/2008
11 32 AM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCA TIONS
This AbJfeement is made and entered into this 29 day of February , 2008, by and between the
CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and
CHINATOWN LLC ,a ("DEVELOPER/OWNER").
A. The CITY abJfees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 8610-8660 San Ysidro Avenue, Gilroy, CA (San Ysidro
Shopping Center
2,830 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of$ 112,237.80 ; and
4,600 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in
the amount of$ 37,756.80
PENAL TY: DEVELOPER/OWNER shall be charged and penalized for any use of sewer
treatment plant capacity and/or peak water in excess of the above maximum allocations as provided
under the ordinances, rules and regulations adopted by the Gilroy City Council.
B. In consideration for the above sewer treatment plant capacity and peak water use allocations,
DEVELOPER/OWNER agrees to make the above-referenced payments prior to connection
with the CITY's sewer and water delivery systems and abJfees to the following:
I. DEVELOPER/OWNER shall insert in all deeds, leases or contracts made relative to the
PROPERTY, improvcmcnts thcrcon, or any part thcrcof, written notification of the terms and
conditions of this Agreement.
2. DEVELOPER/OWNER will secure in writing from any and all present and future
occupants or users of said PROPERTY with whom DEVELOPER/OWNER enters into a lease or
contract relative to the PROPERTY, or any part of or any improvements to the PROPERTY, an
agreement not to exceed the allocations stated in Section A.
3. Should DEVELOPER/OWNER desire an increased sewer treatment plant capacity
allocation and/or per day peak water use allocation, DEVELOPER/OWNER shall notify CITY. CITY
then shall give DEVELOPER/OWNER the option to purchase additional allocations, if such
allocations are thcn available, at the thcn-current published rates and fces.
4. Should DEVELOPER/OWNER consistently use less sewer treatment plant capacity or
per day peak water use at the PROPERTY than the allocation purchased, as determined by CITY,
DEVELOPER/OWNER may sell the excess capacity back to the CITY at the original purchase price,
or retain the excess capacity amount for bTfowth or expansion.
5. DEVELOPER/OWNER shall investigate and consult with CITY as to the possible use
of internal reclamation systems and water-saving devices.
C. The terms and conditions of this AbTfeement shall remain in full force and effect until this
Agreement is modified or terminated by the written, mutual consent of both parties, or at the
option of CITY, upon DEVELOPER/OWNER's breach of any of the provisions of this
Agreement or failure to pay monthly water or sewer use charges as invoiced by CITY.
Notwithstanding anything to the contrary herein, CITY reserves the right to exercise any and
all remedies available at law or in equity upon such breach or failure to pay invoiced charges.
The sewer treatment plant capacity and/or peak water use allocation allotted to
DEVELOPER/OWNER pursuant to Section "A" above shall be null and void upon the
termination of this AbTfeement for any reason.
D. DEVELOPER/OWNER shall have the option of measuring sewer effluent by:
I. Installing and paying for a sewer effluent meter, which meter shall comply with the
CITY's standards and specifications.
2. Measuring the water consumption at the PROPERTY in a manner acceptable to CITY.
E.
The terms and conditions of this AbTfeement shall run with the land, and apply to and bind
DEVELOPER/OWNER and each of DEVELOPER/OWNER's heirs, a gns, successors and
successors-in-interest, and all subsequent owners of the PROPERTY his AbTfeement shall be
rec~rded in the Office of the Clerk-Recorder of Santa Clara Coun , California.
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CITY OF
By:
By:
Its:
Its:
Owner
,)
By:
Its:
Owner
Mailing Address (if different than PROPERTY
address) :
CHINATOWN LLC
1979 Monterey Hwy., #120
SanJose,CA 95112
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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County of
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State of California
On Mil r<. elf of., zeo"3 before me, l /..J Ii N
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personally appeared l/ / 1-1 tllll W
CuI; I~~/f /'oj NI) 71'1(('/- PU f3LI L ,
Here Insert Name and title of the OHlcer .
Name!sl of Slgner(s}
who proved to me on the basis of satisfactory evidence to
be the person~ whose name~ is/~ subscribed to the
within instrument and acknowledged to me that
he/sfffi/t~y executed the same in his/be11tt)etf authorized
capacity~), and that by his/l)er/tt)eir signature(.91. on the
instrument the perso~ or the entity upon behalf of
which the perso~ acted, executed the instrument.
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@t:=;.LOANQUEIRAN
. Commission /I 1596475
~ . -. Notary Public - California ~
j ~". Santa Clara County d
. ,,,:' My Comm. expires Jul 22, 2
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I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
WITNESS my hand and official seal.
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Signature \ -:.
v/
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.
OPTIONAL
Description of Attached Document
Title or Type of Document: uA(~R[ rl'-1L.N-L 1& wI! [clltd~~.1t/'i!1 S",,'tf/.?-;:'!' _-i~Tfr!EAL] P,t..fiNT
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Signer(s) Other Than Named Above:
----
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer - Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
.-----
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Signer's Name:
Individual
Corporate Officer - Title(s): _____________
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing: ___ _
Signer Is Representing:
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
AGREEMENT FOR WATER USE AND SEWER TREATMENT
PLANT CAPACITY ALLOCATIONS
8610-8660 San Y sidro A vcnue
Gilroy, CA 95020
Chinatown LLC
On March 26, 2008, before me, Susan R. Johnson, Notary Public, personally appeared Anna
Jatczak, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she exccuted the same in her
authorized capacity, and that by her signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY undcr the laws of the State of California that the
foregoing paragraph is true and correct.
~~~~~~~~~~~~~~
e SUSAN R. JOHNSON
-. Commission /I 1543104
i. ,,; Notary Public . Callfomla ~
~ Santa Clara County ~
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WITNESS my hand and official seal.
1
'j3u/)DAL Q. ~L~.:k1A-
Signature of Nota _ hhc
(Notary Seal)