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Water & Sewer Allocations - Gilroy Theatre Company DOCUMENT: 19694441 P3ges 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 111\\\11111 1111111111111\\1111111111 Fees T3xes 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 3t the request of C ty I RDE *'* 006 12/27/2007 8 07 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 fiday of b _C-. , ,2007, by and between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and GILROY THEATRE CO, INC., A CALIFORNIA CORPORATION, a ("0 EVELO PER/OWNER"), A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions stated herein for the property 951 First Street, Gilroy, CA, APN 790-21-008 6,392 maximum gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in the amount of $239,508.24 (6,392 gallons per day at $3,747 per one hundred gallons per day); and 7,333 maximum gallons per day peak water use allocation at a cost to developer/owner in the amount of $41,138,13 (7,333 gallons per day at $5,610 per one thousand gallons per day) PLEASE NOTE THAT NO FEES ARE DUE. THEY ARE "GRANDFATHERED" 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: 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 pal1 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 A(iREE\1E:\T FOR WATER l'SE A:\D SEWER TREAT\1E:\T PLA:\T CAPACITY ALLOCATI0:\5 PACE 1 of 3 CITY, CITY then shall give DEVELOPER/OWNER the option to purchase additional allocations, if such allocations arc then available, at the then-cunent 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 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. CITY OF GILROY DEVELOPER/OWNER Gilroy Theatre Co, Inc. a California Corporation By ~~ Its: City Administrator Its: President Mailing Address: 1624 Calabrese Way Gilroy, CA 95020 AGREEMENT FOR WATER USE AND SEWER TREAT\1E;\JT PLA~T CAPACITY ALLOCATIONS PACE 2 of 3 ST ATE OF CALIFORNIA } ss, COUNTY OF Santa Clara On 1 2/1 9 / 0 7 ,beforeme,Patricia K. Bentson, Notary Public, personally appeared Jack Petprs personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~re subscribed to the within instrument and acknowled~ed to me that ,he/~he/they executed the same in l1islher/their auth(;[ized capacity(ies), and that bylffiJher/their signature(s) on the instrument the persor1(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (/ ok> ~~) ~ "----~b,,~( ,C,/ "_~L--L(.7\..-/" SIGNATUREOFN TARY ,. ComIMlfM\ 1117"* I ....., P\MC . ~o,,_ I ..... CIfn County L t~~=-~~"~ J ~~--- 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. INDIVIDUAL CORPORATE OFFiCERS(S) Titlc(s) PARTNER(S) LIMITED GENERAL ATTORNEY-iN-FACT TRlISTEE(S) CilJARDlAN/CONSERV A TOR OTHER: SIGNER IS REPRESENTING: Name of I'crson(s) or Entity(ies) AGREE\1E;\JT FOR WATER USE A~D SEWER TREA T\1ENT PLANT CAPACITY ALLOC ATIO~S PAGE 3 of 3 STATE OF CALIFORNIA ) )S5. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAP ACITY ALLOCATIONS 951 First Street Gilroy, CA 95020 APN 790-21-008 Gilroy Theatre Co" Inc, On Deeember 20,2007, before me, Susan R. Johnson, Notary Public, personally appeared Jay Baksa personally known to me to be the person whose name is subscribed to the within instrument and aeknowledged 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 ofwhieh the person acted, executed the instrument. ~Q,~~ Signature of Not ubhc ~.....................-..-............-..-.......-. @ SUSAN R. JOHNSON _ Commission II 1543104 ~ f ' ,. Notary Public . Calltomla ~ ~ SonIa Clara County d ~ ~ _ ~;o:m..:..Ex~~Ja:~2 WITNESS my hand and offieial seal. per GC Sec. 40814; CC Sec. 1181 (Notary Seal)