Water & Sewer Allocations - ArBreck, LP (Arby's Restaurant)
DOCUMENT: 19031128
Pages.
4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
IIII ~IIII ~ III ~ II ~ III
Fees
Taxes
Copies
AMT PAID
16 00
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
16 00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Recording Service
RDE ** 002
7/24/2006
11 29 AM
SPACE ABOVE TIllS UN!: FOR RECORDER'S USE
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCA TIONS
This Agreement is made and entered into this !.!itlAay of J; v <- , 2006, by and between
the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California
("CITY"), and ArB reck. LP (Arby's) ,a
("DEVELOPER/OWNER").
A The CITY agrees that DEVELOPER/OWNER will receive under the terms and
conditions stated herein for the property ac6945 Camino Arroyo, Gilroy, CA
7,232 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of$124,679.68; and
8,036 MAXIMUM GALLONS PER DAY PEAK WATER USE ALLOCATION AT A
COST TO DEVELOPER/OWNER in the amount of $24,847.31. THESE FEES HAVE
BEEN PAID UNDER THE AGREEMENT WITH REGENCY
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 agrees to the
following:
1. 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 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 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 sell the excess capacity back to the CITY at
the original purchase price, or retain the excess capacity amount for growth 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 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 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 Agreement 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 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, . .
DEVELOPER/OWNER
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Its: /--c"",-/ I?, ,"?>"YJt7ni C~. c. -', L.
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Mailing Address (if different than
PROPERTY address):
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STATE OF CALIFORNIA
COUNTY OF ,~h Clarc,,-
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ss.
On \ U ne. / ') . 2CUc, before me. Su %1 a
appeared (\
hY \G.J\ V\htjnc. \.JYlc.e
Nd-a"-Ij l~hlJLI
J b h ry~personally CAP ACrry CLAIMED BY SIGNER
pers9flftlly lut61'l'n to me -OR-
proved to me on the basis of satisfactory
evidence to be the person('s) whose
name~ is/are subscribed to the within
instrument and acknowledged to me that
he/shetthey executed the same in
his/her/thei:r authorized capacity(ieG), 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.
WITNESS my hand and official seal.
~CL~Q.. ~
SIGNA TIJRE OF NOTARY
-Ibough statute does not require the
~otary to fill in the data below, doing so
may prove invaluable to persons relying
OIl the document.
INDIVIDUAL
CORPORATE OFFlCERS(S)
Title(s)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSER V A TOR
OTHER:
SIGNER IS REPRESENTING:
Name of Pcrson(s) or Entity(ies)
ST ATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Agreement for Water Use and Sewer Treatment Plant Capacity
Allocations - ArB reck, LP (Arby's)6945 Camino Arroyo, Gilroy,
CA
On June 19, 2006, before me, Susan R. Johnson, 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
WITNESS my hand and official seal.
J~ - -""" """~R~~~ """J
- e CommllAon # 1543104
f.. Notary PubIc - Calfomla I
j SonIa Claro COWlIy d
- - - ~~~~~~
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. 19naturc 0 . otarv IC
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)