Water & Sewer Allocations - J.N. Abbott Distributor, LLC
DOCUMENT: 19625899
Pages.
4
RECORDING REQllES'rED BY AND
WliEN RECORDED MAIL TO:
Fees
Taxes
Copies
AMT PAID
16 00
16 00
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE tt 0 1 1
10/22/2007
2 10 PM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCATIONS
This Agreement is made and entercd into this _~!.h__day of August , 2007, by and betwecn the
CITY OF GILROY, a municipal corporation, in thc County of Santa Clara, California ("CITY"), and
J,N. Abbott Distributor, LLC, a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the tenns and conditions
stated hercin for the property at 600 I Rossi Lane, Gilroy, C A 95020, APN 841-15- I 60
833 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of$ 32,353,72 : and (Grandfathcred)
1250 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the
amount of$ 10,048.75 (Grandfathcrcd)
PENALTY: DEVELOPER/OWNER shall be charged and penalized for any use of sewcr
treatmcnt plant capacity and/or peak watcr in excess of the abovc maximum allocations as provided
undcr thc ordinances, rules and regulations adopted by the Gilroy City Council.
S, In consideration for the above sewer trcatment plant capacity and peak water use allocations,
DEVELOPER/OWNER agrees to make the abovc-refercnced payments prior to connection
with the CITY's sewer and watcr delivcry systems and agrccs to the following:
1. DEVELOPER/OWNER shall insert in all dccds, leascs or contracts made relative to the
PROPERTY, improvements thercon, or any part thercof, written notification of the tenns and
conditions of this Agreement.
') DEVELOPER/OWNER will secure in writing from any and all prescnt and future
occupants or uscrs of said PROPERTY with whom DEVELOPER/OWNER enters into a \case or
contract relativc to the PROPERTY, or any part of or any improvcments to thc PROPERTY, an
agrcement not to cxcecd thc allocations stated in Section A.
3. Should DEVELOPER/OWNER desirc an increased sewer treatment plant capacity
allocation and/or per day peak water use allocation, DEVELOPER/OWNER shall notify CITY. CITY
then shall give DEVELOPEIVOWNER the option to purchase additional allocations, if such
allocations arc then availablc, at the then-current published rates and fees,
4, Should DEVELOPER/OWNER consistently use less sewer treatment plant capacity or
pcr day peak water use at the PROPERTY than the allocation purchased, as detcrmined by CITY,
DEVELOPER/OWNER may sell the excess capacity back to the CITY at the original purchasc pricc.
or retain the cxccss capacity amount for growth or expansion,
5. DEVELOPER/OWNER shall investigate and consult with CITY as to thc possiblc use
of internal rcclamation systems and water-saving devices,
C. Thc terms and conditions of this Agreemcnt 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 watcr or sewer use charges as invoiced by CITY.
Notwithstanding anything to thc contrary hcrein, CITY rcserves 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 allottcd to
DEVELOPER/OWNER pursuant to Section "A" abovc shall be null and void upon the
tcrmination of this Agrecmcnt for any reason.
D, DEVELOPER/OWNER shall have the option ofmcasuring 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 tcnns 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
succcssors-in-interest, and all subsequent owners of the PROPERTY. This Agrcement shall be
rccordcd in the Oftic~-O rk-Rccordcr of Santa Clara County, California,
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D~VELOPEI~/OWNE~/ ~
BYV~ ali. - f)C
Dennis Abbott, President
Mailing Address (if different that PROPERTY
addrcss) :
STA TE OF CAl.lFORNIA
}
ss,
COUNTY OF ~ 7A- c/. AM
On~ I'/: ).0"7 ,before me.
,
personally appeared
LULL Mfi Sln/~_. Notary Public,
Dfbj}(5 hBorT
r fHlrt'?ually IC:RFrh n t" HIe- -OR- proved to me on the basis of satisfactory evidence to
r",u~~"'O""'''_H'- be the person~ whose nam~..o/~
/.,', ,i:~.-" \'" . .~-.-~ subscribed to the within instrument and
,1/' ''''h. ~.~ Ii" LMA Slvll I H t
:<:1;,::,'"" .~,"\~'\ COmG1ISSlillJ #1559640 ~ acknowledged to me that~s~$K executed
~l;.~.. ~"~~iij /Jotary Puhlle - Califni~la g the same in ~~~ authorized
· '~c~*.:~/- Santa Clara COIIr!ty::< t ('?J\ d th t b .m<:fI18f'/th8li'r
~~ii..'.~;'~/ MI' Carnm Expires Apr 02.2809 capaci y l~h an a y.::7 '7'~ 'r,
signature~ on the instrument the persnn(x, or
the entity upon behalf of which the person(~
acted, executed the instrument.
~n~~~.
SIGNATURE OF NOTARY
CAPACITY CLAIMED BY SIGNER
l'hough statute does not require the
Notary to fill in the data below, dning so
may pn\Ve invaluahle to persons rdying
on the doeument.
INDIVIDIIAI
CORPORAIT (lITIC IRS( S I
litle{s)
PARINrR(S) IIMITID
(iINrRAI
ATlORNIY-IN-I'A{ '1
TRIISTlI'(S)
tilJARDIAN/CONSIRV 1\ lOR
OTllrR
SIGNER IS REPRESENTING:
Name of Person(s) nr rnt,ty( ics)
ST A TE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
Agreement for Water Use and Sewer Treatment Plant Capacity
Allocations
6001 Rossi Lane
APN 841-15-160
J.N. Abbott distributor, Inc.
On October 10, 2007, before me, Susan R. Johnson, Notary Public, personally appeared Jay
Saksa 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.
WITNESS my hand and official seal.
~ - - - - :=~i=04- ~
f ~ Notary PublIc - Callfomlo ~
J ~ .- c,,"' eo.nv d
~ _ _ ~:o:m:~~~
iu}Cuv Q. ~V.:YN\.~
Signature ofN Public
per GC Sec. 40814; CC See, 1181
(Notary Seal)