Water & Sewer Allocations - Pierce, Michael and Carolyn
DOCUMENT: 19681002
Pages
4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
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Fees
Taxes
Copies
AMT PAID
16 00
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
16 00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Reco:ded at the request of
Ovmer
RDE It 006
12/12/2007
I 58 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 October , 2007, by and between the
CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and
Michael j, & Carolyn Pierce , a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 321 Kishimura Drive, Af>U €>3S - b2. - ClfD
575 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $ 22,333.00 : and (Grandfathered)
667 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the
amount of $ 6,163.23 (Grandfathered)
PENAL TY: DEVELOPER/OWNER shall he 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 hy the Gilroy City Council.
B. In consideration for the ahove 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, implOvemcnts thereon. or any part thereof, written notification of the terms and
conditions of this Agreement.
2. DEVELOPER/OWNER will secure in wntmg 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-culTent 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 hack 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" ahove shall be null and void upon the
termination of this Agreement for any reason.
D. DEVELOPER/OWNER shall have the option of mcasUling scwcr effluent by:
1. Installing and paying for a scwer effluent metcr, which mcter 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 tcrms and conditions of this Agrcement shall run with the land, and apply to and bind
DEVELOPER/OWNER and each of DEVELOPER/OWNER's hcirs, assigns, succcssors and
successors-in-interest, and all subsequcnt owners of the PROPERTY. This Agrcemcnt shall be
recorded in thfJ)fnc~_ of the Clerk-Recorder of Santa Clara County, California.
DEVELOPER/OWNER
By:l!\i\\.U~/\"(!uJc P ~/v~--->C
Michael . Pierce
Its: Owner
By: l'G/\~At~r~I;~i~~ierce
Its: Owner
Mailing Address (if different than PROPERTY
address):
fg ,g -5 Ber+C\ Ly (\ Rot
-P ("u n i"_ cJ ~ I e.. LA 1 3'1 iX]
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STATE OF CALIFORNIA
COUNTY OF ~Et.jQ/Lk-t y-
On be;! L- ;;~:9t,~1 b~'ore me.~;
personally appeared ~fc~~j/
(../
personally known to me -OR- proved to me on the basis of satisfactory evidence
be the person(s) whose name(s) i fare
subscribed to the within In: ent and
acknowledged to me that he/' the~executed
the same In his/he 7their autho'
capacity(ies). and that y his/he their
signature(s) on the instrument the person(s. r
the entity upon behalf of which the person(s)
acted. executed the instrument.
ss.
WITNESS my hand and 'ltlicial seal.
-'l
. 2zc j MZitl-t1 <t"
SIGN ^ TURE OF NOT AR,
Q MARIE BOURGET
~ .' . COMM # 1453799
a: Notal Y PUbliC-Ca!. ifon'ia
County 01 Mo~
. fit ~omm, Exp. No'f29:2I01
CAPACITY CLAIMED BY SIGNER
Though statute docs not require the
Notary to fill in the data helo\\" , doing so
may prove invaluable to persons relying
on the d,x:ument.
INDlVlDlIAL
CORPORATE OFFlCERS(S)
Titlc(s)
PARTNER(S) LIMITED
CiENERAL
ATrORNEY -IN-FACT
TRIISTEE(S)
(jt IARDlAN/C 'ONSER VA TOR
OTHER
SIGNER IS REPRESENTING:
l"ame of 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
32 I Kishimura Drive
Gilroy, CA 95020
APN 835-02-040
Michael J. & Carolyn Pierce
On December 5, 2007, before me, Susan R. Johnson, 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.
~~~~~~~~~~~~~~
SUSAN R. JOHNSON
@'commlsslon/ll543104
i ,MA Notary Public - California ~
~" Santa Clara County d
~ _ _ ~ .=o:m,:,. Ex~re.:. Ja: ~ 2
}LvxuL ~.~)7\
Signature of No Public
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)