Water & Sewer Allocations - Millen Trust and Pelliccione Trust
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C1T'.,.' OF Ci1LF:O\'
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19036709 Pages 5
Fees 19 00
RECORDING REQUESTED BY AND Taxes
WHEN RECORDED MAIL TO: Cop i es
AMT PAID 19 00
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE ~ 002
7/27/2006
11 · 02 AM
SPACE ABOVE TIllS LINE FOR RECORDER'S USE
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCA TIONS
4"'-- /'
This Agreement is made and entered into this ~daY of :j I), t~ 2006, by and between
the CITY OF GILROY, a municipal corporation, in the Count;' of anta- Clau.- Galifornia
("CI1Y'), and THE MILLEN TRUST AND THE PELLICC~IONE TRUST,
("DEVELOPER/OWNER"). ~
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and
conditions stated herein forthe property at 591 First Street Gilroy. CA.
APN 790-32-013.
867 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $32,3 13.09 ($3,608 for each hundred gallons
per day) and
867 maximum gallons per day peak water use allocation at a cost to
DEVELOPER/OWNER in the amount of $48,638 70 ($5,431 for each thousand gallons
per day).
THE ABOVE AMOUNTS ARE 'GRANDFATHERED' - NO FEES ARE DUE.
PENALTY: DEVELOPER/OWNER shall be charged and penalized far any use of
sewer treatment plant capacity and/or ~ 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
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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 jncreased 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, 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 .paRies, 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 iRvoiced 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 ~ ~.\lSe.
allocation allotted to DEVELOPER/OWNER pursuant to Section" An 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 ofDEVELOPERlOWNER's heirs, assigns,
successors and successors-in-interest, and all subsequent owners ofthe PROPERTY
This t ;n the Office of the Clerk-Recorder of Santa Clara
Co orm .
---..
DEVELOPER/OWNER
By:/V'iPIL ~ /j ~ ~~/./L/ t'bL~~'/r (::--
Itd~C0n1 H~l?(fit-t1U)\k -;rr t{ /J+e t"
I
~~~~~
Mailing Address (if different than
PROPERTY address):
18364 Oak Drive
Monte Sereno, CA 95030
05/18/2006 13 40 FAX 408 848 0500
CIT'/ OF I:lILF:O'/
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STATE OF CALIFORNIA } ss .
COUNTYO~~ ;1~~~<-
~6 - ~_O~ . before ~CJJJ-t ~/I , personally CAl'AC'lTV CUIMKD BY SIGNER
appeared t\ p. ~ l'bougb ~ dollS not n=quirc the
- Nct.y to fill ill tho dele below, doins so
may pu\'e iIlvaIlWlle to penoN rcIyina
m the documcd.
~0"-\1'1'f kBowa te me -oR-
proved to me on the basis of satisfaaory
evidence to be the per.;on(s) whose
namc(s) isI&Ire subscribed to the wi .
instrumeD1 and acknowledged to me that
Mlsbetlt:h8y executed the same in
-Bislhc:rlttar authorized capacity(ies), and
that by Miner/Jrcir signature(S) on the
instrmnent the pcrson($), or the entity
upon behalf of which the peoon(s) acted,
executed the instrument
Title(s)
P A1l.lNF.R{S) LIMITED
GENERAL
A~-FAcr
--m
ARDIAN/CONSER V ATOR
0llIER.:
SlGNll.R IS REPRESENTING:
N mill of Ponoo(') or Eatity(iM)
co.. N14182
TNCY JIUalC . CALFORIM
IMm ClARA COUNTY
c-. e.- OCT. II, 2009
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personally known to me -OR-
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U~
befon: me, DUan)trl+~ personally
Pvll'l'c I Ot'\ V
proved to me on the basis of satisfactory
evidence to be the pcrso~ whose
~ is/Me subscribed to the wi .
instrumeDl and acknowledged to me that
N:/sheJtMy e;oc;ecuted the same in
~1Mir authorizul capaci1:y(M), and
that by fti6lber1tlltir ~t~ on the
instrun1ellt the pcrson~, or the entity
upon behalf of which the peIRIn~) acted,
executed the instrument.
WITNESS my hand and official seal.
~G~~Y-
CAPACITY M.AIMED BY SlGNI.R
1l1cluP ~ dolls not n:quiR the
Not.)' to fill ill the dIIa below. doing 90
may pvve iIlvaIuable to penoN l'Clying
1m tbc cb:omc:d..
NSERVATOR
OTHER;
SlGNll.R IS REl'KMENTING:
N mill of P<<Joo(.) at' Eatily(iM)
5/18/2008 13 40 FAX 408 848 0500
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On :1 Lt Lc I I ~ I CO 0 ~ before me, f" \ 1 r..n J 0<' t, (: ---' personally CAPACITY M.AIMED BY SlGNI.R
appeared --2 lbougb ~ doGS not RqUin: the
.j Ii \.-1 /:J /1 /L 'c- /1 Not.)' to fill ill tho cilia below. doing .0
amy JIl1VC ilMluablo to penoN rcI~
m the dowmc&
ST ATE OF CALIFORNlA
COUNTY OF0ct ;I.,J~ C{it"'-^--
personally known to me -QR- .pmved Ul IIHI OR the ba&i& of ~
~.tPna> to be the pcrso~ whose
~ isI,re subscribed to the within
instrumeD1 imd acknowledged to me that
hel~ e:<ecuted the, same in
hiSl~~ auttoril.td alpaclt)'~, ar.d
that by hi.sl)riJt9tdf signature(8j on ~
instrument the pcrsonoo; or the ennty
upon behalf of which the peI1iOq(<<') acted,
executed the instruIneDl.
J~~~l J;SSmyhaOO7ci&~
~r~';;'~~'Y\YI)(d'" rJ:-{>U~;-~.
SIGNATURE OF NOTARY
INDIVIDUAL
coRl'OItATE OFFlCJ':RS(S)
,-'" i _ L-( A D/)}/~/ ~ ,7 /.>,{ I----!' )-~
Titlll(s)
PAtrn.lER(S) IJMlTED
OENERAL
AlTORNEY.IN.FACT
TRUSTEE(S)
GUARDIAN/CONSER V A TOR
OTIiER;
SIGNJl.R IS REPRESr.NTING:
N...... of Penoo( J) CW' Emil:y(i....)
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