Water & Sewer Allocations - Sohal, Gurdeep and Jasbir
DOCUMENT: 19484290
Pages
4
~ECORDlNG REQUESTED BY AND
WHEN "RECORDED MAIL TO:
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Fees
Taxes
Copies
AMT PAID
16 00
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
16 00
REG!~A ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
C I -: '>
RDE tt 0 I I
6/26/2007
2 55 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 4th day of June ,2007, by and between the CITY
OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and
Gurdcep S. Sohal and Jasbir K. Sohal, a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated hcrein for the property at7S61 Monterey Street, Gilroy, CA 95020, APN 799-06-045,
225 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $ 8,739.00 : and (Grandfathered)
300 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in thc
amount of $ 2,192.40 (Grandfathered)
PENALTY: DEVELOPER/OWNER shall be charged and pcnalized for any use of sewer
trcatment plant capacity and/or peak water in excess of the ahove maximum allocations as provided
under the ordinances, rules and regulations adopted hy the Gilroy City Council.
B. In consideration for the ahove 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 thcreon. or any pat1 thereof, writtcn notification of the terms and
conditions of this Agreement.
.., DEVELOPER/OWNER will secure in wntlng from any and all present and future
occupants or users of said PROPERTY with whom DEVELOPER/OWNER cnters 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 statcd in Section A.
3. Should DEVELOPER/OWNER desire an increased sewer treatment plant capacity
allocation and/or pcr 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-culTent puhlished 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 hy CITY,
STATE OF CALIFORNIA
COUNTY OF:l:rLK-W CU~~
}
ss.
On:rLu1~1,lco'1.bcforcme.~~ltto'Ici." ~t'(t'I(\1 /Jj-f((.Jl Pl..<.Io I I (
personallyappcarcd C-t.-<.(c1 ('( p .5. 50 hcJ C0v1 1a 'Sh I ( k I Soh eLl
p6f~{)(nlly ~nn"m tn me -OR- provcd to mc on thc basis of satisfactory cvidcncc to
bc thc pcrson(s) whosc name(s) ~/are
subscribcd to thc within instrumcnt and
acknowledgcd to mc that .hC/;J1c/thcy exccutcd
thc samc 10 ~~r/thcir authorizcd
capacity(ics). and that by ,his/per/their
signature(s) on the instrument thc person(s). or
thc cntity upon bchalf of which thc pcrson(s)
acted. cxecuted the instrument.
WIT' my h"d ~nd ofr;ml ,,,t
X A ill <&\ 1-'!- f.. L LJe
~. ' SIGNATURE OF NOTARY
J~- :~.~~:.. - ~
, Nofoty PublIc - California f
Santa Clara County -
Mv Convn. EllpIret.k.n 19,
CAPACITY CLAI:\lEn 8Y SH;NER
Though statute does not require the
Notary to fill in the data helow. doing so
may prove in\aluahle to persons relying
on the document.
INDIVIIHIAL
CORPORATE OFFICERS(S)
Title(s)
PARTNER(S) LIMITED
(iENERAL
ATTORNEY -IN-FACT
TRt1STEE(S)
(it JARDIAN/CONSER V A TOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
DEVEI.-OPER/OWNER may sell the excess capacity hack to the CITY at the original purchase price,
or retain the excess capacity amount for growth or cxpansion.
S. DEVELOPER/OWNER shall investigate and consult with CITY as to the possible use
of internal rcclamation 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 availablc at law or in equity upon such breach or failure to pay invoiced charges.
Thc sewer treatment plant capacity and/or peak water usc allocation allotted to
DEVELOPER/OWNER pursuant to Section "A" ahove shall bc null and void upon the
termination of this Agreement for any reason.
D. DEVELOPER/OWNER shall have the option of measuring sewer cffluent by:
I. Installing and paying for a sewer effluent meter, which mcter shall comply with the
CITY's standards and spccifications.
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 suhsequent owners of the PROPERTY. This Agreement shall be
rccorded in the Office of the Clerk-Recorder of Santa Clara County, California.
DEVELOP4l\1ER
By: ~ ....v;:/
GurdeepS. Sohal I
Ct.l L Jl
Its:
Owncr
~i '-'
By: '~0 ,-,<-1-- k. SeJ'k. j
Jasbir K. Sohal
Its: Owner
Mailing Address (if different that PROPERTY
address):
15085 Sycamore Avenue
San Martin. C^ 95046
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Agreement for Water Use and Sewer Treatment Plant Capacity
Allocations -Gurdeep S. Sohal and Jasbir K. Sohal, 7561
Monterey Street, Gilroy, California, APN: 799-06-045
On June 8, 2007, before me, Rhonda Pellin, Notary Public, personally appeared Jay Saksa
personally known to me to be the person whose narne 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 \ !1- (7 u-l A_ J /"t/t/L vl~ '
Signature of Notary Puhlic
J@.....:..-- - -RH~;A ~Lc,-N - - ~
- Commission # 1 58 1 056
~ .. Notary Public - California f
j Santa Clara County d
_ _ _ ~:~:..~~J~1~2
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)