Water & Sewer Allocations - Castlewood Commerical Property
DOCUMENT: 20216112
Pages
4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
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Fees
Taxes
Copies
AMT PAID
18 00
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
18 00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE ti 005
4/17/2009
239 PM
SPACE ABOVE TIns LINE FOR RECORDER'S USE
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCA TIONS
This Agreement is made and entered into this 24 day of MARCH , 2009, by and
between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California
("CITY"), and CASTLEWOOD COMMERCIAL PROPERTY a
("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 770 FIRST ST. GILROY,CA. 95020 APN 808-12-029
250 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of$ 9,915.00 ; and
1650 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER
in the amount of $ 13,543.20
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:
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, California.
DEVELOPER/OWNER
By:
~~---
Its:
City Administrator
Its:
CRAIG FILICE
~t;92-V" I OkJf\Qr
Mailing Address (if different that PROPERTY
address):
7888 Wren AV.Ste.D143
Gilroy,Ca 95020
ACKNOWLEDGMENT
County of Santa Clara
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State of California
On L\ \~... \Gt\ , before me, S ~~\ ~~~ Notary Public, personally
appeared l ~'\.~ <;:., \,~ . who proved to me on the basis of
satisfactory evidence be the persorj9(whose nameNls/~ subscribed to the within
instrument and acknowledged to me that he/~e/t~ execufed the same in hisJt)(r/t~r
authorized capacity~), and that by hiSIl1(rl~r signatureJSl on the instrument the
perso~r 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.
WITNESS my hand and official seal.
(Notary Seal)
SHERRIL NATHAN
Cornmtl.lofI #1113141
NoIIIy Public - CllIfonu
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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I certify under PENALTY OF PERJURY under the laws
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true and correct.
Place Notary Seal Above
Signatur
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Though the information below is not required by law, it may prove valuable ersons relying on the document
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Document Date: ~t4--1I..l1~4fl~ __
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Capacity(ies) Claimed by Signer(s)
Signer's Name: _________
Individual
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Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
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Signer's Name:_ _____ _______________
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Corporate Officer - Title(s):
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Attorney in Fact
Trustee
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Other:
Signer Is Representing:
Signer Is Representing:
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