Water & Sewer Allocations - Santacroce, Nello E P
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
DOCUMENT: 19654324
! 1111 II 11I1!/lIIIII. 11111111 1111111111
Pages 4
City Clerk
City of Gilroy
735 I Rosanna Street
Gilroy, CA 95020
Fees
Taxes
Copies
AMT PAID
16 00
16 00
REGINA ALCO~ENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at t~e request of
C i tj
ROE t; 009
1 1/15/2007
2 57 PM
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AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCA TIONS
This Agrcement is made and entered into this 15th day of August , 2007, by and bctween thc
CITY OF GILROY. a municipal corporation, in the County of Santa Clara. California ("CITY"), and
Nello E P Santacroce ,a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 105 Leaveslcy Rd.. Gilroy, CA 95020, APN 835-01-039,
L 133 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $ 44,005.72 : and (Grandfathered)
1,433 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the
amount of $ 11,519.88 (Grandfathered)
PENALTY: DEVELOPER/OWNER shall be charged and penalized for any use of scwer
treatment plant capacity and/or peak watcr in excess of the ahove 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 ahove-referenced payments prior to connection
with the CITY's sewer and water delivery systems and agrecs to the following:
I. DEVELOPER/OWNER shall insel1 in all deeds, leases or contracts made relative to the
PROPERTY. improvements thereon, or any pat1 thereof. written notification of the terms and
conditions of this Agreement.
J DEVELOPER/OWNER will sccure 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 Scction A.
3. Should DEVELOPER/OWNER desire an increased sewcr 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 thcn availahle. at the then-current published rates and fees.
4. Should DEVELOPER/OWNER consistently use less sewer treatment plant capacity or
pCI' day peak water use at the PROPERTY than the allocation purchascd, 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.
S. DEVELOPER/OWNER shall investigate and consult with CITY as to the possihle 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 modificd 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 availablc at law or in equity upon such hreach or failure to pay invoiced charges.
The sewer trcatment plant capacity and/or peak water use allocation allotted to
DEVELOPER/OWNER pursuant to Section "A" ahove shall he 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 mcter. which meter shall comply with the
CITY's standards and specifications.
2. Measuring the water consumption at the PROPERTY in a manner acceptahle to CITY.
E. The terms and conditions of this Agreement shall run with the land, and apply to and hind
DEVELOPER/OWNER and each of DEVELOPER/OWNER's heirs, assigns, successors and
successors-in-interest. and all suhsequent owners of the PROPERTY. This Agreement shall he
recorded in the Office of the Clerk-Recorder of Santa Clara County, California.
DE:E~OPERJOWt;f: / ~
By: '/kd . , .:.dJw~~-<--
Its: Owner
Mailing Address (if different that PROPERTY
address):
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STATE OF CALIFORNIA
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COUNTY OF '~-L~ VWV
on~. before me.
personally appeared~"()Aj t) f.
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personally known to me -OR-
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j NoIary PubIc . Call1cMftIG I
IanIa Cruz County
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ss.
I,- Notary Public.
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P ,SuA\- ~(!lD LL
proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the samc In his/her/their authorized
capacity(iesl. and that by his/her/their
signature(s) on thc instrument the person(s). or
the entity upon behalf of which the person(s)
acted. executed the instrument.
WITNESS my hand and official seal.
1~~y:&lJT^RY
CAI'ACITY CLAIMED BY SIGNER
Though statute docs not re'luire the
~otary to 1111 in the data helow, doing so
may prove invaluahle to persons relying
on the document.
I~DIVIDt!AL
CORPORATE OFFICERS(S)
Title(s)
PART:--;ER(S) LIMITED
(jE~ERAL
XnOR~EY-I:--;-FA('T
TRt'STEE(S)
(it ':\RDI:\N/CO~SERV A TOR
OTHER
SI<;NER IS REPRESENTING:
:--;arne 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
105 Leavesley Road
Gilroy, CA 95020
APN 835-01-039
Nello E P Santacroce
On November 7, 2007, before me, Susan R. Johnson, Notary Public, personally appeared Jay
Saksa 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 eapacity, and
that by his signature on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
~ A/nIL R...... ~\..,(\/.}01'-
Signature of No ubhc
~ ~ ~ ~ ~ :~sfini=04~ J
i fi. Notary PublIc - Calnomlo ~
J Santo Clara Coooty d
'Or _ _ ~:o:m,;..~~~~2
WITNESS my hand and official seal.
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)