Water & Sewer Allocations - Gutierrez, Andy
RECORDING REQUESTED BY AND
WilEN RECORDED MAIL TO:
DOCUMENT: 19531733
Pages 4
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
III1III1111I111111111111
Fees
Taxes
Copies
AMT PAID
16 00
16 00
REGlNA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE ** 006
7/31/2007
9 52 AM
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCATIONS
This Agreement is made and entered into this II th day of July , 2007, by and between the
CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and
Andy Gutienez , a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 8655 Monterey Street, Gilroy, CA 95020, APN: 790-27-006,
783 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $ 30,411.72 ; and (Grandfathered)
1,233 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the
amount of $ 9,912.09 (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,
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.
^) 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 CITY. CITY
then shall give DEVELOPER/OWNER the option to purchase additional allocations, if such
allocations are 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 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 excrcisc 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 pcak watcr use allocation allottcd to
DEVELOPER/OWNER pursuant to Scction "A" abovc shall be null and void upon thc
tcrmination of this Agrccmcnt for any reason.
D. DEVELOPER/OWNER shall have the option of measuring sewer effluent by:
I. Installing and paying for a sewer effluent mcter, which meter shall comply with the
CITY's standards and specifications.
^) 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.
c~~~ ~
By: . ~ ------s- .
/' :;\ . -
ilL::) ;, -1, \'J C-, uL. , I
DEVELOPER/OWNER
B0/~
Andy Gutierrez
Its: Owner
Mailing Address (if different that PROPERTY
address):
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
Agreement for Water Use and Sewer Treatment Plant Capacity
Allocations - Andy Gutienez, 8655 Monterey Street, Gilroy,
California, APN: 790-27-006
On July 12,2007, 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.
, WITNE, my hand an~ official seal.
, ~ I oJ I /" / . ,,"
" GI u..{.I' __ L -L C l "-
Signature of Notary Puhlic
~~~~~~~~~~~~~J
RHONDA PElLlN
@"commlsslon#1581056
~ _. Notary Public - California ~
j Santa Clara County cl
~ _ _ ~:o:n~~es:~1~2
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
ST ATE OF CALIFORNIA
COUNTY OF tJoV'(-\er-V<1
}
ss.
.
On Jv\, \\, Lot>~ . hefore me. {\.\O,.Y'~O- L 'fu.YGlj'~ 0 Notary Puhlic.
personally appeared \\Y\.6.'i G 'V -\ ; E' '(" '('cL
personally known to me -OR-
@; ~ARIA L. BARAJAS
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u '. .~'1: HQ\!t\ Pvbtlc.Calt1ornll 0
:c ";J~) "Dntert~ CURly
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proved to me on the basis of satisfactory evidence to
he the person(s)' whose name(1f ish~
suhscrihed to t(le within instrument and
acknowledged to me that he/~t~y executed
the same In his/h)lf/tl}rlr authorized
capacity(~. and that hy his/~/t~r
signature(l1 on the instrument the person(11. or
the entity upon hehal f of which the person!;t5
acted, executed the instrument.
WITNESS my hand and official seal.
CAPACITY CLAI'tED BY SIGNER
Though slatule docs not require the
Notary 10 fIll in Ihe data helow. doing so
may prove invaluable to persons relying
on the document.
INDIVIDlIAL
CORPORA TE OFFICERS(S)
Titlc(s)
I'ARTNER(S) LIMITED
CiENERAL
ATTORNEY -IN-FACT
TRIISTEE(S)
CillARDIANICO;\lSERV A TOR
OTHER:
SIGNER IS REPRESENTI1'iG:
Name of I'erson(s) or Entity(ies)