Water & Sewer Allocations - Connell Trust, SE and LM et al
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
DOCUMENT: 18816465
\ 111\\\ II \111\ \\111111. \111 \11111\111
Pages 3
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Fees
Taxes
Copies
AMT PAID
. No Fees
Record without fee - GC 27383
8REt\DA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE ** 008
2/22/2006
2 17 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 3' ,{ day of February , 2006, by and
between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara,
California ("CITY"), and SE & LM Connell Trust, Et Al , a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and
conditions stated herein for the property at 7970 Princevalle Gilroy, CA
(APNs 799-21-010 ), ("PROPERTY"):
Grandfather 568 maximum gallons per day sewer treatment plant capacity allocation at a
cost to DEVELOPER/OWNER in the amount of $ 21,169.36 ; and
Grandfather 865 maximum gallons per day peak water use allocation at a cost to
DEVELOPER/OWNER in the amount of $ 4,852.65 .
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:
I. 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 dcsirc an incrcascd sewer treatmcnt plant
capacity allocation and/or pcr 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 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 cffluent meter, which mcter 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
Cou a.
DEVELOPER/OWNER
B;~~ tA\. - ~~,f'ue-
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Mailing Address (if different than
PROPERTY address):
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ST ATE OF CALIFORNIA
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COUNTY OF ,-j().j\iv V[GLb\
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COUNTY OF,:iI K~ UalvA
proved to me on the basis of satisfactory
evidence to be the personW whose
name~ is/i,lte subscribed to the within
instrument and acknowledged to me that
he/sheTthey executed the same in
his/her1thefr authorized capacity(~. and
that by his/her/tbcir signature.(B) on the
instrument the personw. or the entity
upon behalf of which the person(s) acted,
executed the instrument.
WH:1_my hand and official seal.
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SIGNATURE OF NOTARY
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pmved -to. me on the- babis of ~atisfac.tory_
evideflte- to be the personv.0 whose
name(i) isl<y>C subscribed to the within
instrument and acknowledged to me that
he/s)tt/tpey executed the same In
his/l).er/their authorized capacity(ies), and
that by his/ner/tbetr signature(s) on the
instrument the person(s-}, or the entity
upon behalf of which the person(~) acted.
executed the instrument.
WITNESS my hand and official seal.
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SIGNATURE OF NOTARY
CAPACITY CLAIMED BY SIGNER
Though statute docs not require the
Notary to fill in the data below. doing so
may prove invaluable to persons relying
on the document.
INDIVIDUAL
CORPORATE OFFICERS(S)
Title(s)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GlIARDIANICONSERV A TOR
OTHER:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
5J. i,~
CAPACITY CLAIMED BY SIGNER
Though statute docs not require the
Notary to fill in the data below. doing so
may prove invaluable to persons relying
on the document
INDIVIDUAL
CORPORATE OPPlCERS(S)
Title(s)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
Gl'ARDIAN/CONSERV A TOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
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