Water & Sewer Allocations - Almeida, Afonso
I,
DOCUMENT: 19502818
Pages
4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
111I11111 1111I lUll III 1111 II
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
Recorded at the request of
C I t'i
RDE ** 0 I 1
7/1 1/2007
11 22 AM
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 ~day of July , 2007, by and between the
CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and
Afonso D. Almeida , a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for thc property at 7680 Monterey Street, Gilroy, CA APN 841-04-016,
167 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $ 6,486.28 : and (Grandfathered)
150 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the
amount of $ 1,205.85 (Grandfathered)
PENALTY: DEVELOPER/OWNER shall be charged and penalized for any use of sewer
treatment plant capacity and/or peak water in excess of the above maximum allocations as provided
undcr 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 thc following:
1. DEVELOPER/OWNER shall insel1 in all deeds, leases or contracts made relative to thc
PROPERTY, improvcments thercon, or any pal1 thereof. written notification of thc terms and
conditions of this Agreement.
! DEVELOPER/OWNER will secure in writing from any and all prescnt 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
agrcement 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 givc 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 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" 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:
I. 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 of DEVELOPER/OWNER's heirs, assigns, successors and
successors-in-interest, and all subsequent owners of the PROPERTY. This Agreement shall be
recorded in the Office of the Clerk-Recorder of Santa Clara County, California.
DEVELOPER/OWNER
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~fonso D. xfmeida
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Its:
Owner
Mailing Address (if different that PROPERTY
address):
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STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
A!:,'Teement for Water Use and Sewer Treatment Plant Capacity
Allocations - Afonso D. Almeida, 7680 Monterey Street, Gilroy,
California, APN: 841-04-016
On July 6,2007, 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 behal f of which the person acted,
executed the instrument.
"----
w~r:~~mYJ h~d ~;;tial, seal.
t/ ( fA' J C~~'-__ - ___/~L_-C/~_( -i-
\' Signature of Notary Puhlic
j........-........-..-..-..-..-..-..-..-..-
@ RHONDA PELllN
_ -. Commission # 1581056 ~
~ -e: Notary Public - California ~
~ Santa Clara County ~
MyConvn. ExplreaJl.fl19. 2
-----------------
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
STATE OF CALIFORNIA }
COUNTY OF ~~ \.1\ ~Cl.... C ( Ll ~ ~',- ss.
On7 ( ~,I OIl
C /,^ j.,
, before me, ~ I l{ , I
(~ ?~)I-\ ~il ''0
~
f ~h v C(~l) ''-;'Notary Public,
I~ ! I l\ t Illt/,,-,/
personally appeared
personally known to me -OR-
SHERI DAVIDSON ~
COMh\, #0 1428810
NOTARY PUBLIC-CALIFORNIA G)
SANTA ClARA COUNTY 0
COMM, EXP. AUG. 2. 7fYJ7'"
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 same in his/her/their authorized
capacity( ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
CAPACITY ClAIMED BY SIGNER
Though statute docs not reqUIre the
Notary to till In the data below, dOing so
may prove Invaluahle to persons relYing
on the document
INDIVIDUAL
CORPORATE OFFlCERS(S)
Title(s)
PARTNLR(S) LIMITED
GENERAL
ATTORNEY -IN-FACT
TRUSTEF(S)
GUARDIAN/CONSER V ATOR
OTHER
SIG!'iER IS RHRt:SE!'iTl!'iG:
Name of Person(s) or Entlty(les)