Water & Sewer Allocations - Hamilton, Dale and Marion
DOCUMENT: 19911535
Pages.
5
RECORDING REQUESTED BY AND
WHEN"RECORDED MAIL TO:
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Fees
Taxes
Copies
AMT PAID
21 00
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
21 00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Owner
ROE tl 008
7/08/2008
]037 AM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCA TIONS
This AbTfeement is made and entered into this 24 day of June , 2008, by and between
the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"),
and Dale E. Hamilton & Marion Caroline Kiesewetter-Hamilton, a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 7435 Monterev Street
283 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of$ 11.223.78 ; and (Grandfathered)
600 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER
in the amount of $ 4.924.80 (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 abTfees to the following:
1. DEVELOPER/OWNER shall insert in all deeds, leases or contracts made relative to the
PROPERTY, improvements thereon, or any part thereoC written notification of the tenns and
conditions of this AbTfeement.
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 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 AbTfeement 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 AbTfeement 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 AbTfeement 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 AbTfeement shall be
recorded in the Office of the Clerk-Recorder of Santa Clara County, California.
~
By:
Thomas Haglund
Its: G ~ (-\(1 ml n \ ~+rn~7)~
City Administrator
DEVELOPER/OWNER
By:, ~ ~ ~
Dale E. Hamilton
Its: Owner
By:fi~ tQ/v61;UJ ~~_{~7-Nv-
Marion Caroline Kiesewetter-Hamilton
Its: Owner
Mailing Address (if different that PROPERTY
address):
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ACKNOWLEDGMENT
ST ATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On June 25, 2008, before me, Susan R. Johnson, Notary Public, personally appeared Thomas
John Haglund, 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.
I certify under PENALTY OF PERJUR Y under the laws of the State of California that the
foregoing paragraph is true and correct.
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Signatur~ of Nota. unite
~~~~~~~~~~~~~~
fj SUSAN R. JOHNSON
.-.. Commission # 1543104
~ . -e Notary Public. California ~
~. Santa Clara County d
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WITNESS my hand and official seal.
(N olary Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
On June 24, 7. 0 0 R before me,
Date
Patricia K. Bentson Notary Public
Here Insert Name anJ Title of the Officer
personally appeared
Marion Caroline Kiesewetter-Hamilton
Name(s) of Slgner(s)
. Comfftllllon' # '7UU2
I NoIafy PublIc . CaItfomIa I
Ionta Clara County -
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(@re subscribed to the
within instrument and acknowledged to me that
h@hey executed the same in hi~heir authorized
capacity(ies), and that by hi~ei~nature(s) on the
instrument the person(s), o~ 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.
Place Notary Seal Above
WITNE?S mY"d and official seal.
Signat.J.dre /. - <-.;..,...r:..
- Signatur of Notary Public
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
c.J Individual
r::: Corporate Officer - Title(s):
=:J Partner - ~ Limited ~] General
" Attorney in Fact
C Trustee
'-' Guardian or Conservator
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Signer Is Representing:
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1l:J2007 Natl()nal Notary AssoC1ation' 9350 De Soto Ave.. PO. Box 2402' Chatsworth, CA 91313-2402' www.NatJonaINotary.org Item #5907 Reorder: Call Toll-Free '-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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County of
Santa Clara
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State of California
On June 24, 2008 before me, Patricia K. Bentson, Notary Public
Dale Here Insert Name and Title ot the Officer
personally appeared
Dale E. Hamilton
Name(s) of Slgner(s)
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I NoIary fIubIc . CoIIfofnta I
... IanIa Clara County ~
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s@'are subscribed to the
w.{thin instrument and acknowledged to me that
(b9/she/they executed the~e in~er/their authorized
capacity(ies), and that by ~/her/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.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
1- Corporate Officer - Title(s):
=:J Partner - =:J Limited IJ General
;-- Attorney in Fact
C Trustee
L Guardian or Conservator
Other:
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Signer's Name:
~. Individual
. ~ Corporate Officer - Title(s):
~. Partner - i_. Limited :::J General
~l Attorney in Fact
. Trustee
:= Guardian or Conservator
:= Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing:
Signer Is Representing:
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I!:> 2007 National Notary Assoc.abon' 9350 De Soto Ave. PO. Box 2402' Chatsworth, CA 91313-2402' www.NatlonaINotary.org Item #5907 Reorder: Call ToIl.Free '-800.876-6827