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Water & Sewer Allocations - ICG Properties - Bernn Hitch DOCUMENT: 19960871 Pages: 4 RECORDI~G REqUESTED BY AND WHEN RECORDED MAIL TO: Fees. Taxes. Copies. AMT PAID * No Fees City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE ** 002 8/20/2008 11: 19 AM SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY ALLOCATIONS This Agreement is made and entered into this 22 day of July , 2008, by and between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and ICG Properties. Bernn Hitch , a ("DEVELOPER/OWNER"). A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions stated herein for the property at APN# 835-02-059. 370 Kishimura Drive. Gilrov. CA 95020, 500 gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in the amount of $ 8.620.00 ; and 1,000 gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the amount of $ 3.092.00 . 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. 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, 4. Should DEVELOPER/OWNER consistently use less sewer treatment plant capacity or per day p~ak 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 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. Mailing Address (if different that PROPERTY address ): ~ ~ ~ ACKNOWLEDGMENT STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On June 11,2008, 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 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~ K' n /\- . .' ( t-wtj:.>tJf-\ . Signature OfNota~liC ~~~-~~~-~-~-~I SUSAN R. JOHNSON '. Commission # 15431 04 ~ M"; Notary Public - Callfomla ~ z . - ~ Santa Clara County My Comm. expires Jan 9. 2 WITNESS my hand and official seal. (Notary Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . County of } State of California Santa Clara On 08-08-2008 Date personally appeared before me, Patricia K Bernn Hitch Name(s) of Signer(s) I~ - - - - - - - - - - - ~-l . PA1IICIA Ie. .ComrnlHlon # 17.6362 Ip NoIaIy PublIc - CaIifomkI I IantaCIara County .. l_____~~~~~~~J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sMre subscribed to the within instrument and ackndw1edged to me that @e/they executed the same in t@ZIler/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. Place Notary Seal Above WITNESS .~ Signat~re - nd and official seal. r( .' " i~-<. rJ . ~ Signature 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 Ttl T. f D t Agreement for Water Use and Sewer i e or Iype 0 ocumen: PlduL Capaclty Allocations Document Date: Jul y 22, 2008 Number of Pages: Signer(s) Other Than Named Above: Tom Ha q 1 und Treatment 2 Capacity(ies) Claimed by Signer(s) Top of thumb here Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact LJ Trustee LJ Guardian or Conservator D Other: Signer's Name: D Individual XJ Corporate Officer - Title(s): President D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Bernn Hir("l1 . Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: rCG Prnpprries Signer Is Representing: ~~~~ @2007 National Notary Association' 9350 De Soto Ave., PO. Box 2402 'Chatsworth, CA 91313-2402' www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827