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Water & Sewer Allocations - Millen Trust and Pelliccione Trust 05/18/2008 13 40 FAX 408 848 0500 C1T'.,.' OF Ci1LF:O\' I4J 002,/004 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 05/18/2008 13 40 FAX 408 848 0500 CIT"'" OF C,ILF:O'y' I4J 003/004 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'/ [4J ()()4/0()4 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 o5/18/2n('8 13 40 FAX 408 848 0500 personally known to me -OR- I.:IT'.,.' [IF LiILF:C1\' I4J 004/004 }" fJ,)L'" 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 CIT'.,.' [IF liILF:O'i I4J 1104/')(14 } ", " , f'~61. , , ) (~ [II')' k C't ,~ ' J 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....) ,--"1'-1-,--, r) {'-1{/:'&-<-1 , (/