Water & Sewer Allocations - Gilroy Theatre Company
DOCUMENT: 19694441
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
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City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded 3t the request of
C ty
I
RDE *'* 006
12/27/2007
8 07 AM
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 fiday of b _C-. , ,2007, by and between
the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California
("CITY"), and GILROY THEATRE CO, INC., A CALIFORNIA CORPORATION, a
("0 EVELO PER/OWNER"),
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and
conditions stated herein for the property 951 First Street, Gilroy, CA, APN 790-21-008
6,392 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $239,508.24 (6,392 gallons per day at $3,747 per one
hundred gallons per day); and
7,333 maximum gallons per day peak water use allocation at a cost to developer/owner in the
amount of $41,138,13 (7,333 gallons per day at $5,610 per one thousand gallons per day)
PLEASE NOTE THAT NO FEES ARE DUE. THEY ARE "GRANDFATHERED"
PENALTY: 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:
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 pal1 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
A(iREE\1E:\T FOR WATER l'SE A:\D SEWER TREAT\1E:\T PLA:\T CAPACITY ALLOCATI0:\5
PACE 1 of 3
CITY, CITY then shall give DEVELOPER/OWNER the option to purchase additional
allocations, if such allocations arc then available, at the then-cunent 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 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.
CITY OF GILROY
DEVELOPER/OWNER
Gilroy Theatre Co, Inc.
a California Corporation
By ~~
Its: City Administrator
Its: President
Mailing Address:
1624 Calabrese Way
Gilroy, CA 95020
AGREEMENT FOR WATER USE AND SEWER TREAT\1E;\JT PLA~T CAPACITY ALLOCATIONS
PACE 2 of 3
ST ATE OF CALIFORNIA
}
ss,
COUNTY OF
Santa Clara
On 1 2/1 9 / 0 7
,beforeme,Patricia K. Bentson, Notary Public,
personally appeared
Jack Petprs
personally known to me -OR-
proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) ~re subscribed to
the within instrument and acknowled~ed to me
that ,he/~he/they executed the same in l1islher/their
auth(;[ized capacity(ies), and that bylffiJher/their
signature(s) on the instrument the persor1(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
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SIGNATUREOFN TARY
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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
CORPORATE OFFiCERS(S)
Titlc(s)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-iN-FACT
TRlISTEE(S)
CilJARDlAN/CONSERV A TOR
OTHER:
SIGNER IS REPRESENTING:
Name of I'crson(s) or Entity(ies)
AGREE\1E;\JT FOR WATER USE A~D SEWER TREA T\1ENT PLANT CAPACITY ALLOC ATIO~S
PAGE 3 of 3
STATE OF CALIFORNIA )
)S5.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
AGREEMENT FOR WATER USE AND SEWER TREATMENT
PLANT CAP ACITY ALLOCATIONS
951 First Street
Gilroy, CA 95020
APN 790-21-008
Gilroy Theatre Co" Inc,
On Deeember 20,2007, 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 aeknowledged 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 ofwhieh the person
acted, executed the instrument.
~Q,~~
Signature of Not ubhc
~.....................-..-............-..-.......-.
@ SUSAN R. JOHNSON
_ Commission II 1543104 ~
f ' ,. Notary Public . Calltomla ~
~ SonIa Clara County d
~ ~ _ ~;o:m..:..Ex~~Ja:~2
WITNESS my hand and offieial seal.
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)