Water & Sewer Allocations - Avila, Sara
DOCUMENT: 19625898
Pages'
4
4
Fees
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Copies
AMT PAID
16 00
RECORDING REQUESTED BY AND
WilEN RECORDE,D MAIL TO:
City Clerk
City of Gilroy
7351 Rosanna Strcct
Gilroy, CA 95020
16 00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE ** 0 I 1
10/22/2007
2 10 PM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT Ct.PACITY
ALLOCA TIONS
This Agreement is made and entered into this 17th day of August , 2007, by and between the
CITY OF GILROY, a municipal corporation, in thc County of Santa Clara, California ("CITY"), and
Sara Avila , a ("DEVELOPER/OWNER").
A. The CITY agrecs that DEVELOPER/OWNER will reccivc undcr thc terms and conditions
statcd hcrein for the propcrty at 7818, 7820, 7822, 7824, 7826. 7828, 7830 Montercy St.,
Gilroy. CA 95020, APN 841-02-014
591 maximum gallons pCI' day scwer trcatmcnt plant capacity allocation at a cost to
DEVELOPER/OWNER in thc amount of $ 22.954.44 : and (Grandfathered)
967 maximum gallons per day peak watcr use allocation at a cost to DEVELOPER/OWNER in the
amount of$ 7.773.71 (Grandfathered)
PENALTY: DEVELOPER/OWNER shall be chargcd and pcnalizcd for any use of sewer
treatment plant capacity and/or pcak water in cxccss of thc abovc maximum allocations as provided
undcr thc ordinanccs. rules and regulations adoptcd by the Gilroy City Council.
B. In considcration for the abovc scwcr trcatment plant capacity and pcak watcr usc allocations,
DEVELOPER/OWNER agrccs to make the above-rcfercnccd payments prior to conncction
with the CITY's sewer and water dclivery systcms and agrecs to the following:
1. DEVELOPER/OWNER shall inscrt in all deeds, Icascs or contracts madc rclative to thc
PROPERTY. improvemcnts thercon, or any pm1 thcrcof, writtcn notification of thc terms and
conditions of this Agrecmcnt.
! DEVELOPER/OWNER will sccurc in writing from any and all prescnt and future
occupants or uscrs of said PROPERTY with whom DEVELOPER/OWNER cnters into a lease or
contract relativc to the PROPERTY, or any pal1 of or any improvcments to the PROPERTY. an
agrecment not to cxceed thc allocations stated in Section A.
3. Should DEVELOPER/OWNER desirc an incrcascd scwer trcatmcnt plant capacity
allocation and/or per day peak water use allocation, DEVELOPER/OWNER shall notify CITY. CITY
thcn shall give DEVELOPER/OWNER thc option to purchase additional allocations, if such
allocations arc thcn available, at thc thcn-currcnt publishcd ratcs and fccs.
4. Should DEVELOPER/OWNER consistcntly use Icss scwer treatmcnt plant capacity or
pcr day peak water usc at the PROPERTY than thc allocation purchased, as determined by CITY,
DEVELOPER/OWNER may sell the cxcess capacity back to the CITY at the original purchase price,
or retain the excess capacity amount for growth or cxpansion.
5. DEVELOPER/OWNER shall invcstigatc and consult with CITY as to the possiblc use
of internal reclamation systems and water-saving dcviccs.
C. The terms and conditions of this Agrccmcnt shall remain in full forcc and cffect until this
Agrcement is modificd or terminated by thc written, mutual consent of both partics, or at the
option of CITY, upon DEVELOPER/OWNER's brcach 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 hcrcin, CITY reserves the right to exercise any and
all remedies available at law or in equity upon such brcach 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" abovc shall bc null and void upon the
tcrmination of this Agrecment for any rcason.
D. DEVELOPER/OWNER shall have thc option of measuring sewcr effluent by:
1. Installing and paying for a sewcr effluent metcr, which metcr shall comply with thc
CITY's standards and spccifications.
2. Measuring thc watcr consumption at the PROPERTY in a manner acceptable to CITY.
E. Thc terms and conditions of this Agreement shall run with thc land, and apply to and bind
DEVELOPER/OWNER and cach of DEVELOPER/OWNER's heirs, assigns, succcssors and
succcssors-in-intcrcst. and all subscqucnt owncrs of the PROPERTY. This Agrccmcnt shall bc
rccorded in the Officc of thc Clcrk-Rccordcr of Santa Clara County, California.
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Its: Owner
Mailing Addrcss (if different that PROPERTY
addrcss):
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ST ATE OF CALIFORNIA
COUNTY OF~'Y;;1 fa (!/cu<<-
On Hu 9~ld./3'; c7{.7 , before me.
t/ .
, ~r(",,-
personally appeared
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ss.
Patricia K. Bentson
, Notary Public.
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personally known 10 me -OR-
. CoMmIl'lon'.. 17..U2
I NoIary NIle . Ca"'Off~ I
-=c..a~l i
l_ _ _ _ _ ~ _ _ _ ~- - - - - -
proved to me on the basis of salisfaclory evidence 10
be the person(s) whose name(s) l10tre
subscribed to the within Inslrumen1'- and
acknowledged to me thaI he~hey executed
Ihe same in hi~~eir aut orized
capacity(ies). and th~tt by hi Iher/i)1eir
signature(s) on the inslrument the perstmlS"), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
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,
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SIGNATURE OF NOT ARY
CAPACITY CLAIMED 8Y SIGNER
Though statute does not require the
Notary to fill in the data helo\\'. doing so
may prove invaluahle to persons relying
on the d(x;ument.
INDIVIDUAL
CORPORATE OFFICERS(S)
Tille(s)
PARTNER(S) LIMITED
GENERAL
ATIORNEY-IN-FACT
TRUSTEE(S)
GlIARDIAN/CONSERV ATOR
OTHER:
SH;NER IS REPRESENTING:
:--:ame of Person(s) or Entity(ics)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Agreement for Water Use and Sewer Treatment Plant Capacity
Allocations
7818, 7820, 7822, 7824, 7826, 7828, 7830 Monterey Street
APN 841-02-014
Sara Avila
On October 16,2007, 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.
~CU\- Q , ~v{~x'--./'
Signature of Not ubhc
~~~~~~~~~~~~~J
@ SUSAN It JOHNSON
_. Commission II 1543104
~. . Notary Public . Callfomla ~
~ " . Santa Clara County d
__ __ ~ ~ ;o:m..:.,. Ex~r~ Ja: ~ 2
WITNESS my hand and official seal.
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)