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Water & Sewer Allocations - Gutierrez, Andy RECORDING REQUESTED BY AND WilEN RECORDED MAIL TO: DOCUMENT: 19531733 Pages 4 City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 III1III1111I111111111111 Fees Taxes Copies AMT PAID 16 00 16 00 REGlNA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE ** 006 7/31/2007 9 52 AM AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY ALLOCATIONS This Agreement is made and entered into this II th day of July , 2007, by and between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and Andy Gutienez , a ("DEVELOPER/OWNER"). A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions stated herein for the property at 8655 Monterey Street, Gilroy, CA 95020, APN: 790-27-006, 783 maximum gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in the amount of $ 30,411.72 ; and (Grandfathered) 1,233 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the amount of $ 9,912.09 (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, 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 pal1 thereof, written notification of the terms and conditions of this Agreement. ^) 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 CITY. CITY then shall give DEVELOPER/OWNER the option to purchase additional allocations, if such allocations are 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 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 excrcisc 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 pcak watcr use allocation allottcd to DEVELOPER/OWNER pursuant to Scction "A" abovc shall be null and void upon thc tcrmination of this Agrccmcnt for any reason. D. DEVELOPER/OWNER shall have the option of measuring sewer effluent by: I. Installing and paying for a sewer effluent mcter, which meter shall comply with the CITY's standards and specifications. ^) 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. c~~~ ~ By: . ~ ------s- . /' :;\ . - ilL::) ;, -1, \'J C-, uL. , I DEVELOPER/OWNER B0/~ Andy Gutierrez Its: Owner Mailing Address (if different that PROPERTY address): STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Agreement for Water Use and Sewer Treatment Plant Capacity Allocations - Andy Gutienez, 8655 Monterey Street, Gilroy, California, APN: 790-27-006 On July 12,2007, 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. , WITNE, my hand an~ official seal. , ~ I oJ I /" / . ,," " GI u..{.I' __ L -L C l "- Signature of Notary Puhlic ~~~~~~~~~~~~~J RHONDA PElLlN @"commlsslon#1581056 ~ _. Notary Public - California ~ j Santa Clara County cl ~ _ _ ~:o:n~~es:~1~2 per GC Sec. 40814; CC Sec. 1181 (Notary Seal) ST ATE OF CALIFORNIA COUNTY OF tJoV'(-\er-V<1 } ss. . On Jv\, \\, Lot>~ . hefore me. {\.\O,.Y'~O- L 'fu.YGlj'~ 0 Notary Puhlic. personally appeared \\Y\.6.'i G 'V -\ ; E' '(" '('cL personally known to me -OR- @; ~ARIA L. BARAJAS ... ...~. -:\ Ccm~ _'62tl674 ~ u '. .~'1: HQ\!t\ Pvbtlc.Calt1ornll 0 :c ";J~) "Dntert~ CURly L t,..~. '!~~hP."o','212001 proved to me on the basis of satisfactory evidence to he the person(s)' whose name(1f ish~ suhscrihed to t(le within instrument and acknowledged to me that he/~t~y executed the same In his/h)lf/tl}rlr authorized capacity(~. and that hy his/~/t~r signature(l1 on the instrument the person(11. or the entity upon hehal f of which the person!;t5 acted, executed the instrument. WITNESS my hand and official seal. CAPACITY CLAI'tED BY SIGNER Though slatule docs not require the Notary 10 fIll in Ihe data helow. doing so may prove invaluable to persons relying on the document. INDIVIDlIAL CORPORA TE OFFICERS(S) Titlc(s) I'ARTNER(S) LIMITED CiENERAL ATTORNEY -IN-FACT TRIISTEE(S) CillARDIANICO;\lSERV A TOR OTHER: SIGNER IS REPRESENTI1'iG: Name of I'erson(s) or Entity(ies)