Water & Sewer Allocations - Ghassemkhani, Gus
DOCUMENT: 19892093
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 Strcet
Gilroy, CA 95020
18 00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded 3t the request of
City
RDE It 007
6/19/2008
208 PM
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCATIONS
This Agreement is made and entered into this 21 day of May , 2008, by and between
the CITY OF GILROY, a municipal corporation. in the County of Santa Clara. California ("CITY"),
and Gus Ghassemkhani . a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 8390 Swanston Lane
100 gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in
the amount of $ 3884 ; and (Grand fathered)
1000 gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the amount of
$ 7308 (Grand fathered)
PENALTY: DEVELOPER/OWNER shall be charged and penalized for any use of sewer
trcatment 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 agrees to the following:
I. DEVELOPER/OWNER shall insert in all deeds, leases or contracts made relative to the
PROPERTY, improvements thereon, or any part thereof, written notification of the terms and
conditions of this Agreement.
2. DEVELOPER/OWNER will secure in wntmg 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 improvcments 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 usc allocation, DEVELOPER/OWNER shall notify CITY. CITY
then shall give DEVELOPER/OWNER the option to purchase additional allocations, if such
allocations are then available, at the then-current published rates and fees.
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 scll the excess capacity back to the CITY at the original purchase price,
or retain the excess capacity amount for growth or cxpansion.
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 Agreement 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 sewcr treatment plant capacity and/or pcak water use allocation allotted to
DEVELOPER/OWNER pursuant to Section "A" above shall bc null and void upon the
tcrmination of this Agreement for any reason.
D. DEVELOPER/OWNER shall have the option of measuring scwer effluent by:
I. Installing and paying for a sewer effluent meter, which metcr 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 Agreement shall run with the land, and apply to and bind
DEVELOPER/OWNER and each of DEVELOPER/OWNER's heirs, assigns, successors and
successors-in-interest, and all subsequent owners of the PROPERTY. This Agreement shall be
recorded in the Office of the Clerk-Recorder of Santa Clara County, California.
DEVELOPER/OWNER
)
By:
By: ;,.1 (;;~ ~J._ ~
G- Ct. S ~ \-\- . S gv\ l.. ~A,vI-
\+oMII-S Go _ H- fTGLU 10
Its ~ ~'il'f~
Its: Owncr
By:
Its: Owncr
Mailing Address (if different that PROPERTY
address ):
STATE OF CALIFORNIA
}
ss.
COUNTY OF SC'.<. " 1-(\ C lcc,- ('-
On 1\7Cl'--J J,:l,hex; hefon: me. ~)c, tr l(' Ie, h C'J.?/1+50 ,1
personally appeared C \..\.', (:3 il (( lj Sri" k II (\ I \ \
. Notary Puhlic.
-pc-rsllnally known III m,' OR- proved to me on the hasis of satisfactory evidence to
he the person(s) whose name(s) (Q"are
suhscrihed to the within instrumen\. and
acknowledged to me th4Ji2she/they executed
the same in ~er/their authorized
capacity(ies), and that hy~his/her/their
./
signature(s) on the instrument the person(s). or
the entity upon behalf of which the person(s)
Ii!.t'rt. c'1 lA.,.., der pLn'" '1- t, P f~.-:.JiJ.-fj S acted. executed the instrument.
(J.(1d<.r f11<-. Ic\.w> ~F I-hL5"'<Lf<. 't ~ <f2D____
C.u-.:.If r n i <\.. t-hc...t. 11u.... f ~,c~c'r:J WITN ESS my hand and official seal.
fCLr....'Jp'.fh 1':7 +r"-~ u"J( C"'{r"~+-'
~_/ .~~~< .c/ . ~
SIGNATURE OF TARY
. eornmllllOn'. 17.6362
,. Notary PubIc . CafffomkI I
IankI CIOrG County 4
l__~~~~~~~~~~J
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.
INDIVIDUAl.
CORPORAl"!' OFFlCTRS(S)
Title(s)
PARTNFR(S) I.IMITFD
CJI'NFRAI.
AITORNI'Y.IN.I'ACT
TRUSTFI'(S)
CiUARDIANiCONSI;R V ATOR
OTIIFR:
SIGNER IS REPRESENTING:
Name of Person(s) or Fntily(ies)
ACKNOWLEDGMENT
ST ATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On June 11,2008, before me, Susan R. Johnson, Notary Public, personally appeared Thomas
John Haglund, 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 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
~-A/)c:LrL Q . ~V_)Dn
Si"naturc of I"ota . uhhc
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@ SUSAN R. JOHNSON
,-.. Commission # 1 5431 04
~ ,-. Notary Public. Callfomla ~
~ ~ , Santa Clara County d
~ ~ _ ~y .:o:m,:;x~r~ J~ c:. 2
WITNESS my hand and official seal.
(Notary Seal)