Water & Sewer Allocations - Gilroy Theatre Company (2)
DOCUMENT: 19031127
Pages
4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
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Fees
Taxes
Copies
AMT PAIU
16 00
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
16 00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Recording Service
RDE ** 002
7/24/2006
11 29 AM
SPACE ABOVE nus LINE FOR RECORDER'S USE
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCA TIONS
11th
This Agreement is made and entered into this _day of July ,2006, by and between
the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California
("CITY"), and GILROY THEATRE COMPANY. A CALIFORNIA CORPORA nON, a
("/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 $23,822.98 (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 $41,138.13.13 (7,333 gallons per day at $5,610 per one thousand gallons per day)
PLEASE NOTE THAT NO FEES ARE DUE. THEY ARE "GRANDFATHERED"
PENAL TY: 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.
AGREEMI.:NT FOR WATER USl.: AND SEWER TREATMENT PLANT CAPACITY ALLCX::A lIONS
PAGF 1 of 1
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 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
OWNER and each of 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.
OWNER
Gilroy Theatre Company,
a California Corporation
By: Jack Peters cfad! e;l;~
Its: President
Mailing Address: 1624 Calabrese Way
Gilroy, CA 95020
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY ALLOCATIONS
PA(~F ? nf 1
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
AbTfeement for Water Use and Sewer Treatment Plant Capacity
Allocations - Gilroy Theatre Company, A California Corporation,
951 First Street, Gilroy, C A
On July 11,2006, before me, Rhonda Pellin, Notary Public, personally appeared Jack Peters 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 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.
, WITJSS my hand and')tiCial seal.
~~(A,,-.U:UA'AA
Signatur" of Notary Punli"
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3 . . Commlsalon # I 581 066
~. · Nofofy PublIc - Callfomlo f
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per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
STATE OF CALIFORNIA }
}ss.
COUNTY OF SANTA CLARA }
TITLE OF DOCUMENT:
Abrreement for Water Use and Sewer Treatment Plant Capacity
Allocations - Gilroy Theatre Company, A California Corporation,
95 I First Street, Gilroy, CA
On July 11,2006, 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 official seal.
,,--. )/ .. I ) .. .
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Signature of Notary I'uhlie
~----~~.-._~~--
RHONDA PElllN
_@'comml$$lon/lI581056 ~
~ -. Notary PublIc - CalIfomla f
j Santa Clore COlIrty d
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per GC Sec, 40814; CC Sec. 1181
(Notary Seal)