Loading...
Water & Sewer Allocations - Ghassemkhani, Gus DOCUMENT: 19892093 Pages: 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 11111111111111111111111111111 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 . "" - r;~~~~~~~~~~~J @ 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)