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Water & Sewer Allocations - ICG Properties - Bernn Hitch (2) DOCUMENT: 19892092 Pages. 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: II ill IIIIII//! 11/1111 Fees Taxes Copies AMT PAID 18 00 City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 i8 00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Cdy RDE It 007 6/19/2008 208 PM SPACE ABOVE THIS LINE FOR RECORDER'S LJSE AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY ALLOCATIONS This Agreement is made and entered into this --L day of June , 2008, by and between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY'"), and ICG Properties, Beron 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 No. 835 02 059, 370 Kishimura Drive 227 gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in the amount of $ 9,016.04 ; and 250 gallons per day pcak water use allocation at a cost to DEVELOPER/OWNER in the amount of $ 2,120.04 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 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, 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 rcclamation 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 watcr 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 Scction "A'" above shall be null and void upon thc termination of this Agreement for any reason. D. DEVELOPER/OWNER shall have the option of measuring sewer effluent by: I. 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 tcrms and conditions of this Agrcemcnt shall run with the land, and apply to and bind DEVELOPER/OWNER and each of DEVELOPER/OWNER"s heirs, assigns, successors and succcssors-in-interest, and all subsequent owners of the PROPERTY. This Agreement shall bc recorded in the Office of the Clerk-Recorder of Santa Clara County, California. -'b~ W(j l~ DEVELO~ BY:~ Ot'" '" r\v'E)" \"\t+ch Its: Owner By: Its: Its: Owner By: Mailing Address (if different that PROPERTY address): ~ ~ ----- ACKNOWLEDGMENT State of California ss. County of Santa Clara On June 5, 2008, before me, Susan R. Johnson, Notary Public, personally appeared Bernn Hugh Hitch, who proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is/are subscribed to the within instrument and acknowledged to me that he/cho/they executed the same in his/her/their authorized capacity(tes), and that by his/hcr/thoU:.-signature(~) on the instrument the person(s), 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. WITNESS my hand and official seal. ~Q. (Signature of Not ~~~~~~~~~~~~~~ @ SUSAN R. JOHNSON '-" Commission /I 1543104 i . -,,; Notary Public. CaHfomla ~ ~ Santa Clara County d ~ ~ ~ ~.:o:m,:,.Ex~~c:.2 (Notary Seal) ACKNOWLEDGMENT ST ATE 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. } ~ ~) QA..--- Q . . ::k.y) Signature of Notal] P ic ~~~~~~~~-~~~~~ @ SUSAN R. JOHNSON .. Commission # 1543104 i . -,,; Notary Public . Callfomla ~ ~. Santa Clara County d ,.. ~ _ ~.:o:m.;..~r-:,J~c:.2 WITNESS my hand and official seal. (Notary S~al)