Water & Sewer Allocations - Lopez, Enrique and Senobia
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
DOCUMENT: 19269330
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Pages · 4
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Fees
Taxes
Copies
AMT PAID
16 00
16 00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
County Agency
ROE ** 002
1/18/2007
134 PM
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 4th day of January , 2007, by and between the
CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and
Enrique Lopez & Senobia Lopcz , a ("DEVELOPER/OWNER"),
A, The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 429 First Street, Gilroy, CA 95020,
100 maximum gallons per day sewer treatmcnt plant capacity allocation at a cost to
DEVELOPER/OWNER in thc amount of $ 3,884 ; and (Grandfathered)
733 maximum gallons per day peak water usc allocation at a cost to DEVELOPER/OWNER in the
amount of $ 5,356 (Grandfathered)
PENALTY: DEVELOPER/OWNER shall be chargcd and pcnalized 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 rcgulations adopted by thc Gilroy City Council.
B. In consideration for the above scwer 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, Icases or contracts made relative to the
PROPERTY, improvements thcreon, or u.ny part thereof, written notification of the terms and
conditions of this Agreement.
2, DEVELOPER/OWNER will secure in wntIng from any and all present and futurc
occupants or uscrs of said PROPERTY with whom DEVELOPER/OWNER entcrs 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 desirc 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 thc 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 deviccs,
C. The terms and conditions of this Agreement shall remain in full force and effect until this
Agreement is modified or terminatcd 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 scwer use charges as invoiced by CITY.
Notwithstanding anything to the contrary hcrein, 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 Scction "A" above shall be null and void upon the
termination of this Agrecment 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 Agrcement shall run with the land, and apply to and bind
DEVELOPER/OWNER and cach of DEVELOPER/OWNER's heirs, assigns, successors and
successors-in-interest, and all subsequcnt owners of the PROPERTY. This Agreement shall be
recordcd in the Office of the Clerk-Recorder of Santa Clara County, California,
....~-':
DEVELOPER/OWNER
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By ~;::~.;V~~~
Enrique Lo ez
Its: Owner
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By:i&, bv 1/,> ):'/'V;
Senobia Lopez '
Its: Owner
Mailing Address (if different that PROPERTY
address):
l d. Y c:o..n Tuo...n '2ot
~~v~\leICA.. q=:Dlv
COUNTY OF ~+'^ ct().,~
On.ln~ '-\7"~ . berm, ~" 6~~:7~n~~IIY
appeared Ei y UP 'Vex1Dn I a..
ST ATE OF CALIFORNIA
personally known to me -OR-
----------~1
. 0' BEllA P. GONZALEZ
, . ,...., ~ COMM, # 1624437 -l
. NOTARY PUBLIC-CALIFORNIA 0
n, SANTA CLARA COUNTY 0
MY COMMISSION EXPIRES I
NOVEMBER 24, 2009
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
}
ss.
CAPACITY CLAIMED BY SIGNER
proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) i.. ar
subscribed to the within instrument and
acknowledged to me that he/sh the executed
the same In his/her thei authorized
capacity(ies), and that by his/he~
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted. executed the instrument.
Though statute does not require the
Notary to fill in the data helow. doing so
may prove invaluahle to persons relying
on the document.
INDIVIDlIAL
CORPORATE OFFICERS(S)
Title(s)
I'ARTNER(S) LIMITED
GENERAL
AlTORNEY -IN-FACT
TRIISTEE(S)
(ilIARDIAN/CONSERV A TOR
OTHER
, 'NER IS IU:PRESENTING:
Na eoI' Person(s) or Entity(ies)
STATE OF CALIFORNIA )
)ss,
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
Agreement for Water Use and Sewer Treatment Plant Capacity
Allocations - Enrique Lopez & Senobia Lopez, 429 First Street,
Gilroy, CA
On January 4,2007, 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.
j "It/hAte . /1,
Signature of Notary PuhJic
L l J'-.
i~-~~~~~---~~~
RHONDA PELlIN
~._.. Commission # 1581056
~ . -. _ Notary Public - California ~
i-Santa Clara County ~
My Comm. Expires J\.f'l19. 2
..............-------.......-------
per GC Sec. 40814; CC See, 1181
(Notary Seal)