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Water & Sewer Allocations - Basarich Company, The DOCUMENT: 20227359 Pages: 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Fees. Taxes. Copies. AMT PAID 18 00 City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 18 00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Trustor RDE fI 006 4/28/2009 11: 38 AM AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY ALLOCATIONS This Agreement is made and entered into this 24 day of March , 2009, by and between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and The Basarich Companv .LLC a ("DEVELOPER/OWNER"). A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions stated herein for the property at 8821 Muraoka Dr.! APN835-31-0 17 100 maximum gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in the amount of$ 3,966.00 ; and LOOO maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the amount of $ 8.208.00 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 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-referep.ced 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 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-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: 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 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. n GILROY BY:~ ~S ~lwtd Its: Citv Administrator DEVELOPER/OWNER ~ ~h~. Sf-W0'\ II)') ~veY\ President Its: Mailing Address (if different that PROPERTY address):. 1581 Albright DR Hollister CA 95023 ACKNOWLEDGMENT State of California ) ) ss. County of Santa Clara ) On A~('; I 1'"/. ~c;- , before me, MC"..ct '2.-\" .\ to \\ '~<...n.... , Notary Public, personally appeared CSt}l c' ".... \,,- ~- c::.., 0...... .:. C" '" , who proved to me on the basis of satisfactory evidence to be the person~ whose name~) is/are subscribed to the within instrument and acknowledged to me that he/s.Re/tbey executed the same in his/ber1thefr authorized capacity(.ies), and that by his/.berI..tbs.ir signature{a1 on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MADELINE ALFARO Comml..lon # 1811608 ...... PutIIlC: . CIIIforniI .... CtIra c.., ~ 'M ell '" 0 0..A...-.. ~) QiA ~ ( ignature of Notary Public) (Notary Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . County of 4-17-2009 SANTA CLARA } State of California Date before me, THOl1AS HAGLUND PATRICIA K. BENTSON, NOTARY PUBLIC On Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) @ PATRICIA K. BENTSON Com million /I 1 746362 j Notary Public . California I Sanla Clara County - J~ ~ ~ ~ ~ _~~~~~~~1 .1 who proved to me on the basis o~isfactory evidence to be the person(s) whose name(s)~re subscribed to the within instrument and acknowJ-eQ.ged to me that ~he/they executed the same in(bislP1er/their authorized capacity(ies), and that by@er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: ~~~ @2007 National Notary Association' 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402' www.NalionaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827