Water & Sewer Allocations - Espinosa, Ricardo and Sara
DOCUMENT: 19413359
Pages
4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
I "111111 IIII
Fees
Taxes
Copies
AMT PAID
16 00
City Clerk
City of Gilroy
7351 Rosanna Strcct
Gilroy, CA 95020
16 00
REGINA ALcOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Owner
RDE ** 008
5/04/2007
847 AM
SPACE ABOVE THIS U:--;E FOR RECORDER'S USE
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCA TIONS
This Agrcemcnt is made and entercd into this 23rd day of April ,2007, by and bctwccn thc
CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and
Ricardo Espinosa & Sara Espinosa , a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under thc terms and conditions
statcd herein for the propel1y at 7560 & 7562 Montcrey St., Gilroy, CA 95020
433 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $ 16,817.72 : and (Grandfathered)
667 maximum gallons pcr day peak watcr use allocation at a cost to DEVELOPER/OWNER in the
amount of $ 4.874.44 (Grandfathered)
PENALTY: DEVELOPER/OWNER shall he chargcd and penalized for any usc of sewcr
treatmcnt plant capacity and/or pcak watcr in cxccss of thc ahove maximum allocations as providcd
undcr thc ordinanccs. rules and rcgulations adoptcd hy thc Gilroy City Council.
B. In considcration for the ahove scwer trcatment plant capacity and peak watcr use allocations.
DEVELOPER/OWNER agrees to make the ahovc-rcfcrenced payments prior to connection
with the CITY's sewer and watcr delivery systcms and agrees to the following:
1. DEVELOPER/OWNER shall inscrt in all dceds, leases or contracts madc rclativc to thc
PROPERTY. improvcments thereon. or any pal1 thcrcof. written notification of the tcrms and
conditions of this Agrccmcnt.
') DEVELOPER/OWNER will sccure in writing from any and all prcsent and future
occupants or users of said PROPERTY with whom DEVELOPER/OWNER cnters into a lease or
contract rclativc to the PROPERTY. or any pm1 of or any improvcmcnts to thc 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 arc thcn availahlc. at the then-cuITent puhlishcd rates and fees.
4. Should DEVELOPER/OWNER consistently Lise less sewer treatment plant capacity or
per day peak watcr Lise at the PROPERTY than the allocation purchased, as determincd hy CITY.
DEVELOPER/OWNER may sell the cxccss capacity back to thc CITY at thc original purchase pricc,
or rctain thc cxccss capacity amount for growth or cxpansion.
5. DEVELOPER/OWNER shall invcstigatc and consult with CITY as to thc possiblc usc
of intcrnal rcclamation systcms and watcr-saving dcvices.
C. The terms and conditions of this Agrccmcnt shall rcmain in full force and cffcct until this
Agrcement is modificd or tcrminatcd by thc writtcn, mutual conscnt of both parties, or at thc
option of CITY, upon DEVELOPER/OWNER's brcach of any of thc provisions of this
Agrcemcnt or failure to pay monthly water or scwcr use charges as invoiced by CITY.
Notwithstanding anything to thc contrary hcrcin, CITY rcscrvcs the right to exercise any and
all remcdies available at law or in cquity upon such brcach or failure to pay invoiced charges.
The scwcr treatmcnt plant capacity and/or peak watcr usc allocation allotted to
DEVELOPER/OWNER pursuant to Scction "A" abovc shall be null and void upon thc
tcrmination of this Agrccment for any rcason.
D. DEVELOPER/OWNER shall havc the option of mcasuring scwcr cfflucnt by:
I. Installing and paying for a scwcr cfflucnt mctcr, which mctcr shall comply with thc
CITY's standards and specifications.
2. Mcasuring thc water consumption at thc PROPERTY in a manner acccptable to CITY.
E. The tcrms and conditions of this Agrccmcnt shall run with thc land, and apply to and bind
DEVELOPER/OWNER and each of DEVELOPER/OWNER's hcirs, assigns, succcssors and
succcssors-in-intcrcst, and all subscqucnt owncrs of thc PROPERTY. This Agrccmcnt shall bc
rccordcd in thc Officc of thc Clcrk-Rccordcr of Santa Clara County, California.
DEVELOPER/OWNER
.-c/'~~-
By://'
Ri~ Espinosa
-------
Its: Owncr
"-
By: .~t4' {r/fi:'~)C,
Sara Espinosa
Its: Owncr
Mailing Addrcss (if diffcrcnt that PROPERTY
addrcss ):
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
Agreement for Water Use and Sewer Treatment Plant Capacity
Allocations - Ricardo Espinosa & Sara Espinosa, 7560 & 7562
Monterey Street, Gilroy, California
On April 27, 2007, before me, Rhonda Pellin, 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.
L/J(}. d iJ) I I
~. L '~. \ \~,_,A_/,-( ^-
\ Signature of Notary Public
l- ~. - - - ~~~ ~L; - - J
_ ~ Commwlon /I 1581056
~ -. Notary Public - Callfomla ~
~ ~nroclorac~~~
_ _ _ ~~o:n:..~~~I~
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
STATE OF CAL."~ORNI^ } ss
COUNTY OF ~).\t:... C-u.'--<'c-'"
IJClt'1 r\L~1 L
On <I - "';;5 Li I . before me.IG....{l <' Ct. b'~lJ persOllally
appeared R~" ~~f':'nYSQ,- 4. )c...._ ~~ f~()J.t
!,,~nalIy kno"n II) me -OR-
~---------~~~~
~ KATIE A. GENAKOS
-. Commission /I 1418832
i. Notary PublIc . CaUfomla ~
~ Sanla Clara County t
_ _ _ ~~~~1~2~7
proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) i9
subscribed to the within instrument and
acknowledged to me that he/s the executed
the same in his/her their.. auth(~
capacity(ies). and that by his/he~)
signatun;( s) on the i nstlLll11Cnt the person( s). or
the entity upon behalf of which the person(s)
aCled. executed the instrument.
WITNESS my hand and official seal.
l~
SIGN
CAPACITY CLAI:\IEI> BY SIG;>O;ER
Though statute docs not require the
Notary to llll in the data below. doing so
may prove invaluahle to persons relying
on the document.
r\;DIYIDIIAL
CORPORATE OFFICERS(S)
Title(s)
PARTNER(Sj LIMITED
(;ENERAL
ATTORNEY -IN-FACT
TRlISTEE(S)
G!IARDIAN/CONSERY A TOR
OTHER
S)(;:-;ER IS REPRESENTING:
Name of I'erson(s) or Entity(ies)