Loading...
Water & Sewer Allocations - Espinosa, Ricardo and Sara DOCUMENT: 19413359 Pages 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: I "111111 IIII Fees Taxes Copies AMT PAID 16 00 City Clerk City of Gilroy 7351 Rosanna Strcct Gilroy, CA 95020 16 00 REGINA ALcOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Owner RDE ** 008 5/04/2007 847 AM SPACE ABOVE THIS U:--;E FOR RECORDER'S USE AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY ALLOCA TIONS This Agrcemcnt is made and entercd into this 23rd day of April ,2007, by and bctwccn thc CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and Ricardo Espinosa & Sara Espinosa , a ("DEVELOPER/OWNER"). A. The CITY agrees that DEVELOPER/OWNER will receive under thc terms and conditions statcd herein for the propel1y at 7560 & 7562 Montcrey St., Gilroy, CA 95020 433 maximum gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in the amount of $ 16,817.72 : and (Grandfathered) 667 maximum gallons pcr day peak watcr use allocation at a cost to DEVELOPER/OWNER in the amount of $ 4.874.44 (Grandfathered) PENALTY: DEVELOPER/OWNER shall he chargcd and penalized for any usc of sewcr treatmcnt plant capacity and/or pcak watcr in cxccss of thc ahove maximum allocations as providcd undcr thc ordinanccs. rules and rcgulations adoptcd hy thc Gilroy City Council. B. In considcration for the ahove scwer trcatment plant capacity and peak watcr use allocations. DEVELOPER/OWNER agrees to make the ahovc-rcfcrenced payments prior to connection with the CITY's sewer and watcr delivery systcms and agrees to the following: 1. DEVELOPER/OWNER shall inscrt in all dceds, leases or contracts madc rclativc to thc PROPERTY. improvcments thereon. or any pal1 thcrcof. written notification of the tcrms and conditions of this Agrccmcnt. ') DEVELOPER/OWNER will sccure in writing from any and all prcsent and future occupants or users of said PROPERTY with whom DEVELOPER/OWNER cnters into a lease or contract rclativc to the PROPERTY. or any pm1 of or any improvcmcnts to thc 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 arc thcn availahlc. at the then-cuITent puhlishcd rates and fees. 4. Should DEVELOPER/OWNER consistently Lise less sewer treatment plant capacity or per day peak watcr Lise at the PROPERTY than the allocation purchased, as determincd hy CITY. DEVELOPER/OWNER may sell the cxccss capacity back to thc CITY at thc original purchase pricc, or rctain thc cxccss capacity amount for growth or cxpansion. 5. DEVELOPER/OWNER shall invcstigatc and consult with CITY as to thc possiblc usc of intcrnal rcclamation systcms and watcr-saving dcvices. C. The terms and conditions of this Agrccmcnt shall rcmain in full force and cffcct until this Agrcement is modificd or tcrminatcd by thc writtcn, mutual conscnt of both parties, or at thc option of CITY, upon DEVELOPER/OWNER's brcach of any of thc provisions of this Agrcemcnt or failure to pay monthly water or scwcr use charges as invoiced by CITY. Notwithstanding anything to thc contrary hcrcin, CITY rcscrvcs the right to exercise any and all remcdies available at law or in cquity upon such brcach or failure to pay invoiced charges. The scwcr treatmcnt plant capacity and/or peak watcr usc allocation allotted to DEVELOPER/OWNER pursuant to Scction "A" abovc shall be null and void upon thc tcrmination of this Agrccment for any rcason. D. DEVELOPER/OWNER shall havc the option of mcasuring scwcr cfflucnt by: I. Installing and paying for a scwcr cfflucnt mctcr, which mctcr shall comply with thc CITY's standards and specifications. 2. Mcasuring thc water consumption at thc PROPERTY in a manner acccptable to CITY. E. The tcrms and conditions of this Agrccmcnt shall run with thc land, and apply to and bind DEVELOPER/OWNER and each of DEVELOPER/OWNER's hcirs, assigns, succcssors and succcssors-in-intcrcst, and all subscqucnt owncrs of thc PROPERTY. This Agrccmcnt shall bc rccordcd in thc Officc of thc Clcrk-Rccordcr of Santa Clara County, California. DEVELOPER/OWNER .-c/'~~- By://' Ri~ Espinosa ------- Its: Owncr "- By: .~t4' {r/fi:'~)C, Sara Espinosa Its: Owncr Mailing Addrcss (if diffcrcnt that PROPERTY addrcss ): STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Agreement for Water Use and Sewer Treatment Plant Capacity Allocations - Ricardo Espinosa & Sara Espinosa, 7560 & 7562 Monterey Street, Gilroy, California On April 27, 2007, 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 official seal. L/J(}. d iJ) I I ~. L '~. \ \~,_,A_/,-( ^- \ Signature of Notary Public l- ~. - - - ~~~ ~L; - - J _ ~ Commwlon /I 1581056 ~ -. Notary Public - Callfomla ~ ~ ~nroclorac~~~ _ _ _ ~~o:n:..~~~I~ per GC Sec. 40814; CC Sec. 1181 (Notary Seal) STATE OF CAL."~ORNI^ } ss COUNTY OF ~).\t:... C-u.'--<'c-'" IJClt'1 r\L~1 L On <I - "';;5 Li I . before me.IG....{l <' Ct. b'~lJ persOllally appeared R~" ~~f':'nYSQ,- 4. )c...._ ~~ f~()J.t !,,~nalIy kno"n II) me -OR- ~---------~~~~ ~ KATIE A. GENAKOS -. Commission /I 1418832 i. Notary PublIc . CaUfomla ~ ~ Sanla Clara County t _ _ _ ~~~~1~2~7 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i9 subscribed to the within instrument and acknowledged to me that he/s the executed the same in his/her their.. auth(~ capacity(ies). and that by his/he~) signatun;( s) on the i nstlLll11Cnt the person( s). or the entity upon behalf of which the person(s) aCled. executed the instrument. WITNESS my hand and official seal. l~ SIGN CAPACITY CLAI:\IEI> BY SIG;>O;ER Though statute docs not require the Notary to llll in the data below. doing so may prove invaluahle to persons relying on the document. r\;DIYIDIIAL CORPORATE OFFICERS(S) Title(s) PARTNER(Sj LIMITED (;ENERAL ATTORNEY -IN-FACT TRlISTEE(S) G!IARDIAN/CONSERY A TOR OTHER S)(;:-;ER IS REPRESENTING: Name of I'erson(s) or Entity(ies)