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Water & Sewer Allocations - Fitch, Todd and Kristin DOCUMENT: 19840451 Pages. rD~(,,", 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 City RDE It 001 5/05/2008 851 AM 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 10 day of January , 2008, by and between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and Todd L & Kristin D Fitch , a ("DEVELOPER/OWNER"). A. The CITY agrees that DEVELOPER/OWNER will receIve under the terms and conditions stated herein for the property at 5680 Obata Way, Gilroy, CA 95020, APN 841-79-011 40 maximum gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in the amount of $ 1,586.40 ; and 100 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the amount of $ 820.80 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 pal1 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 givc DEVELOPER/OWNER the option to purchase additional allocations, if such allocations are then available, at the then-current published ratcs and fees. 4. ShQuld 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 intemal 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. By: By: Its: Its: Owner By: Its: Owner Mailing Address (if different than PROPERTY address ): Todd L & Kristin D Fitch 405 Alta Vista Court Danville. CA 94506 ACKNOWLEDGMENT State of California County of Contra Costa On J.) ~Il )':"1/) v1{A (, / :JcJul ,) Ii I - TvtU Lx h J ~ ~ before me, Mark Ray, Notary Public, personally appeared ?1 Y1J (<( IS+- I Vl OVc,.'1 FI f-<.- G who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) - ~/are subscribed to the within instrument and acknowledged to me thatM/~e/they executed the same in hj$1~Y/their authorized capacity(ies), and that by ~~r/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. ~ <1? Signature / la /.!/ ~~~. .1 ~ MARK RAY ( - . COMM # 1726405 Ul . -,. ~OTARl PUBLIC. CALIfORNIA ~ " ~'. CCNTR~ COSTA COUNT! .. 1 .' My CWM Exp FEa 23 2011 I WITNESS my hand and official seal. ACKNOWLEDGMENT STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAP ACITY ALLOCATIONS Todd L. & Kristin D. Fitch 5680 Obata Way Gilroy, CA 95020 APN 841-79-011 On April 18, 2008, before me, Susan R. Johnson, Notary Public, personally appeared Anna Jatczak, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. ~CL~ (2. ~/_:)or) Signature of Notary lie l~~~~~~~~~--~i SUSAN R. JOHNSON ~. Commission /I 1543104 ~ . _. Notary Public . Callfomla ~ i' Santa Clara County d __ ~ _ ~ .:o:m.:..Ex~re~ Ja~ c:. 2 WITNESS my hand and offieial seal. (Notary Seal)