Water & Sewer Allocations - Brownfield, Michael and Eva
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DOCUMENT: 19303456
Pages
4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
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
City
RDE ** 014
2/13/2007
253 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 7th day of December , 2006, by and
between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California
("CITY"), and Michael D. Brownfield & Eva M. Brownfield, a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated.~hefin for the property at 7459, 7461 & 7463 Monterey Street, Gilroy, CA ,
'J,.i:,C'r-v^$ GW
+tt- maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $ 4,2G8.01 : and (~r. a~df~hered)
130 f"1 '/9 tv II "l,GI{tO ~c ~ .v} fY
-3:B-maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the
amount of $ 1,337.66 ~. 1 JidG' andfathered)
II 3/ ()15. '$'i ,,""V
PENAL TY: DEVEL PE 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-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, improvements 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 pm1 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 pCI' day peak water usc 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 Icss 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 speci fications.
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
By:" ((~J;:~--'? (J (~_ . IiJJD
Michael D. Brownfield (
Its: Owner
/"'- I)? /~~ fL_JI --
By: WiJ../ _' tf J~~
.;Eva M. Br~wnfiel~
Its: Owner
Mailing Address (if different that PROPERTY
address):
925 Chesapeake PI., Gilroy, CA 95020
ST ATE OF CALIFORNIA } ss.
COUNTY OF SU rlt(\C'lo.__nL NC'~Af.?~
_ / p", l:>L' L-
On 12- l:J -2C0L . before me. fATi-i lC' ,A r;.Bt.NIX,J.personally
appeared jN',cHAEe- D.'Bf?c,u;NflC:L[> A00j) t:.v,4 ,Y1. BRc,-u,\J;,cL-D
personally known to me -OR-
proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) ie
subscribed to the within instrument and
acknowledged to me that he/she~xecuted
the same in his/he.fth6v authorized
capacity(iesl. and that by his/her elr
signature(s) on the instrument the person(s). or
the entity upon behalf of which the person(s)
acted. executed the instrument.
WITNESS my hand and official seal.
(
(~ ~ ~~ -..-,~ --/-
-:/C;)~c~<J . ~~;,/~
SIGNATURE OF OTARY
PATRICIA K. BENTSON
~~:::.... . Commission # 1417341
i .. Notary PubIc . CaIfomIa ~
~ ~Ckxa~ 1
~ _ _ ~ :o:m:,. ~J~ 9.:.2~7
CAPACITY CLAIMED BY SIGNER
Though statute docs not require the
Notary to fill in the data helow. doing so
may prove invaluahle to persons relying
on the document.
INDIYIDllAL
CORPORATE OFFICERS(S)
Title(s)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRlISTEE(S)
GlIARDIAN/CONSERY ATOR
OTHER:
SIGNER IS REPRESENTING:
Name of I'erson(s) or Entity(ies)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
Agrccment for Watcr Use and Sewcr Treatment Plant Capacity
Allocations - Michael D. Brownficld & Eva M. Brownfield, 7459,
7461 & 7463 Montcrcy Strect Gilroy, CA
On January 30,2007, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa
personally known to me to be thc pcrson 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 pcrson or thc entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and otllcial scal.
/ )
~-._-.-.-._-.-._-._-.
{i RHONDA PElLlN
- . Commission ;; 1 53 I 056 ~
i -. Notary Public - California i
~ SonIa Clara County ~
MyComm. ExplreaJl.n 19,
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.'
I Il/)l.;.(I'--.-;( I.t i (j-....
Signature of ~lIy Puhlie
per GC Sec. 40814; CC Sec. 118 I
(Notary Seal)