Water & Sewer Allocations - Lehmann Gilroy, LLC
DOCUMENT: 19654325
Pages
4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Fees
Taxes
Copies
AMT PAID
16 00
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
]6 00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE tt 009
I 1/15/2007
2 57 PM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCA TIONS
This Agreement is made and entered into this 28th day of September , 2007, by and between
the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"),
and Gilroy LLC Lehmann ,a ("DEVELOPER/OWNER").
~H-II1M N GIL.A.::.1 . LLC
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 7110& 7120 Alexander Street, Gilroy, CA 95020 APN 841-
12-014,
1475 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $ 57.289,00 ; and (Grandfathered)
3133 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the
amount of $ 25,188.87 (Grandfathered)
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.
S, 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 pal1 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 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 intemal 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 tor any reason.
D. DEVELOPER/OWNER shall have the option of measuring sewer effluent by:
1. 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, Califomia,
~
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DEVELOPER/OWNER
By: aAtJt~/ t1~cllt WJ 114<<'\ c 1f!?
Gilr6) LLC Lehmann LEJun/\NN GlU<21, LlC
r
Its:
Owner
Mailing Address (if different than PROPERTY
address ):
1135 Auzerais Avenue
San Jose, CA 95126
STATE OF CALIFORNIA }
COUNTY OF Cbntu (? 10 ((L- ss.
On 101?:D/ o=J- . bor",o mo. (' --'j rd r ~ r rren t r . N " "" , Pubhe.
personally appeared Che..y\-er C, Leh('(Y..l.nn nr
personally known to me -OR- prnvpr! I'l mil OR tRe! \;HI:;iJ "f ,.,l;,LILllll y evidt:llu; to
be Ihe personV0 whose namey<! (9'afe
subscribed to the within instrumenl and
YNDI PARMENTER acknowlcdged to mc tha09~;hil/tRey executcd
(ii-. co~misslon # '554482 t the same in@'h"r/tbeif-authorized
-. Notary Public - California - capacity(~, and that by 03~
i . -. Santo Claro County 9 signature~) on the instrument the person(1'1. or
.' Myeomm,EJ<plresFeb22,200 the entity upon behalf of which thc personyn
acted, executed the instrument.
WITNESS my hand and official seal.
~
NOTARY
CAPACITY CLAI:\IED BY SIGNER
Though statute does not require the
Notary to fill in the data helow, doing so
may prove invaluahk to persons rdying
on the document
INDIVIDllAL
CORPORATE OFFICERS(S)
Tilk(s)
PARTNER(S) Ll~ITED
(iENERAL
A DORNEY -IN-FACT
TRllSTEE(S)
(ilIARDIAN/CONSER V A TOR
OTHER
SIGNER IS REPRESENTIN(;:
Name or Person(s) or Entity(ies)
,)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
AGREEMENT FOR WATER USE AND SEWER TREATMENT
PLANT CAP ACITY ALLOCATIONS
7 I 10 & 7 I 20 Alexander Street
Gilroy, CA 95020
APN 841-12-014
Lehmann Gilroy, LLC
On November 7, 2007, 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.
~ ... ~ ... ... ~ s;~ t ~N;'; ... ~
e CommlulOn # 1543104
~ . .. Notary PublIc . Callfomla ~
~ Santa Clara County d
_ _ _ ~:o:m,;..~~Jo:~2
&!JCUL Q . ~JOf\--
Signaturc ofN Public
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)