Water & Sewer Allocations - ICG Properties - Bernn Hitch
DOCUMENT: 19960871
Pages:
4
RECORDI~G REqUESTED BY AND
WHEN RECORDED MAIL TO:
Fees.
Taxes.
Copies.
AMT PAID
* No Fees
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE ** 002
8/20/2008
11: 19 AM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCATIONS
This Agreement is made and entered into this 22 day of July , 2008, by and between
the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"),
and ICG Properties. Bernn Hitch , a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at APN# 835-02-059. 370 Kishimura Drive. Gilrov. CA 95020,
500 gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in
the amount of $ 8.620.00 ; and
1,000 gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the amount of
$ 3.092.00 .
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,
4. Should DEVELOPER/OWNER consistently use less sewer treatment plant capacity or
per day p~ak 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.
Mailing Address (if different that PROPERTY
address ):
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On June 11,2008, before me, Susan R. Johnson, Notary Public, personally appeared Thomas
John Haglund, who proved to me on the basis of satisfactory evidence 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
~ K'
n /\- . .' ( t-wtj:.>tJf-\
. Signature OfNota~liC
~~~-~~~-~-~-~I
SUSAN R. JOHNSON
'. Commission # 15431 04
~ M"; Notary Public - Callfomla ~
z . -
~ Santa Clara County
My Comm. expires Jan 9. 2
WITNESS my hand and official seal.
(Notary Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
County of
}
State of California
Santa Clara
On 08-08-2008
Date
personally appeared
before me, Patricia K
Bernn Hitch
Name(s) of Signer(s)
I~ - - - - - - - - - - - ~-l
. PA1IICIA Ie.
.ComrnlHlon # 17.6362
Ip NoIaIy PublIc - CaIifomkI I
IantaCIara County ..
l_____~~~~~~~J
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(sMre subscribed to the
within instrument and ackndw1edged to me that
@e/they executed the same in t@ZIler/their authorized
capacity(ies), and that by ~r/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) 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.
Place Notary Seal Above
WITNESS
.~
Signat~re -
nd and official seal.
r(
.' "
i~-<. rJ . ~
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document,
Description of Attached Document
Ttl T. f D t Agreement for Water Use and Sewer
i e or Iype 0 ocumen:
PlduL Capaclty Allocations
Document Date: Jul y 22, 2008 Number of Pages:
Signer(s) Other Than Named Above: Tom Ha q 1 und
Treatment
2
Capacity(ies) Claimed by Signer(s)
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Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
LJ Trustee
LJ Guardian or Conservator
D Other:
Signer's Name:
D Individual
XJ Corporate Officer - Title(s): President
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Bernn Hir("l1
.
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RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
rCG Prnpprries
Signer Is Representing:
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