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Water & Sewer Allocations - Clark, Kevin DOCUMENT: 19234748 Pages. 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Fees Taxes Copies AMT PAID 16 00 16 00 City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the reauest of C I t '/ RDE ** 006 12/20/2006 225 PM SPACE ABOVE TIllS LINE FOR RECORDER'S USE AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY ALLOCA TIONS This Agreement is made and entered into this G+k day of J.JO\Jl"~ , 2006, by and between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and Kevin D. Clark, ("DEVELOPER/OWNER"). A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions stated herein for the property at 7797 Monterey Street. Gilroy. CA APN 799-03-047. 270 maximum gallons per day sewer treatment plant capacity allocation at the rate of $3,727 per One Hundred Gallons Per Day (CGPD), for total amount of$10,062.90 and 960 maximum gallons per day peak water use allocation at the rate of $5,61 0 per One Thousand Gallons Per Day (KGPD), for a total amount of$5,385.60. NO AMOUNTS ARE DUE; ALLOCATIONS ARE GRANDF A THERED AT TODA Y'S RATES TO ESTABLISH A BASE AMOUNT OF WATER AND SEWER ALLOCATION. 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-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 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 Co nia.~ B:E~Z?~ Kevin D. Clark Its: Mailing Address (if different than PROPERTY address): (\IA. ST ATE OF CALIFORNIA COUNTY OF 0'1h1./rr L.-~;;U:'fi On ~1~ i, appeared / . II f l'--(. yL ;!/)....":r \) ~Iy known kt--me- -OR- J------------, ICARAN PAUlEllE THOMASV _@ CommissIOn /I 1591919 I _. Notary PublIC - Callfomla J - . Santa Clora CO\M1ty Mv Convn. ExpIreI Ju'l27, } ss. /1 j ,: ,{. !,:.n\ befi j v / / -/,. ,,1 -I I nall' I , ore me, IjAI):J.,J l....~ ';tc-c' i . ., perso Y C-/('HZL proved to me on the basis of satisfactory evidence . t..<> be the personW whose name(~{~ subscribed to the within instrument and acknowledged to me that {~ executed the same in ('!ii~~:.a,~~~ capacity~ and that by ~ signature.(8]on the instrument the perso<<or the entity upon behalf of which the perso~ acted. executed the instnunent. WITNESS mYbfd and official seal. I , , . .,b/ /- L({0 " ./IJ ;~.<~ SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDI Vl DUAL CORPORATE OFFlCERS(S) Titlo(s) PARTNER(S) UMITED GENERAL ATIORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERV ATOR OllIER: SIGNER IS REPRESENTING: Name 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 - Kevin D. Clark, 7797 Monterey Street, Gilroy, CA APN 799-03-047 On November 13, 2006, 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 behalf of which the person acted, executed the instrument. WITNESS my hand and otllJia1 seal. J ~. '~d"'- \ j c:A:--f'/.-A Signature of Notary Puhhc r;~- - - - ~H~~ ~L(,"N - - ~ - Commission /I 158 I 056 i -. Notary Public - CaHtomla f Santa Clara County - My Comm. Explre$ Jun 19, 2 per GC Sec. 40814; CC Sec. 1181 (Notary Seal)