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Water & Sewer Allocations - J.N. Abbott Distributor, LLC DOCUMENT: 19625899 Pages. 4 RECORDING REQllES'rED BY AND WliEN RECORDED MAIL TO: Fees Taxes Copies AMT PAID 16 00 16 00 City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE tt 0 1 1 10/22/2007 2 10 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY ALLOCATIONS This Agreement is made and entercd into this _~!.h__day of August , 2007, by and betwecn the CITY OF GILROY, a municipal corporation, in thc County of Santa Clara, California ("CITY"), and J,N. Abbott Distributor, LLC, a ("DEVELOPER/OWNER"). A. The CITY agrees that DEVELOPER/OWNER will receive under the tenns and conditions stated hercin for the property at 600 I Rossi Lane, Gilroy, C A 95020, APN 841-15- I 60 833 maximum gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in the amount of$ 32,353,72 : and (Grandfathcred) 1250 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the amount of$ 10,048.75 (Grandfathcrcd) PENALTY: DEVELOPER/OWNER shall be charged and penalized for any use of sewcr treatmcnt plant capacity and/or peak watcr in excess of the abovc maximum allocations as provided undcr thc ordinances, rules and regulations adopted by the Gilroy City Council. S, In consideration for the above sewer trcatment plant capacity and peak water use allocations, DEVELOPER/OWNER agrees to make the abovc-refercnced payments prior to connection with the CITY's sewer and watcr delivcry systems and agrccs to the following: 1. DEVELOPER/OWNER shall insert in all dccds, leascs or contracts made relative to the PROPERTY, improvements thercon, or any part thercof, written notification of the tenns and conditions of this Agreement. ') DEVELOPER/OWNER will secure in writing from any and all prescnt and future occupants or uscrs of said PROPERTY with whom DEVELOPER/OWNER enters into a \case or contract relativc to the PROPERTY, or any part of or any improvcments to thc PROPERTY, an agrcement not to cxcecd thc allocations stated in Section A. 3. Should DEVELOPER/OWNER desirc an increased sewer treatment plant capacity allocation and/or per day peak water use allocation, DEVELOPER/OWNER shall notify CITY. CITY then shall give DEVELOPEIVOWNER the option to purchase additional allocations, if such allocations arc then availablc, at the then-current published rates and fees, 4, Should DEVELOPER/OWNER consistently use less sewer treatment plant capacity or pcr day peak water use at the PROPERTY than the allocation purchased, as detcrmined by CITY, DEVELOPER/OWNER may sell the excess capacity back to the CITY at the original purchasc pricc. or retain the cxccss capacity amount for growth or expansion, 5. DEVELOPER/OWNER shall investigate and consult with CITY as to thc possiblc use of internal rcclamation systems and water-saving devices, C. Thc terms and conditions of this Agreemcnt 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 thc contrary hcrein, CITY rcserves 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 allottcd to DEVELOPER/OWNER pursuant to Section "A" abovc shall be null and void upon the tcrmination of this Agrecmcnt for any reason. D, DEVELOPER/OWNER shall have the option ofmcasuring 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 tcnns 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 succcssors-in-interest, and all subsequent owners of the PROPERTY. This Agrcement shall be rccordcd in the Oftic~-O rk-Rccordcr of Santa Clara County, California, ----- D~VELOPEI~/OWNE~/ ~ BYV~ ali. - f)C Dennis Abbott, President Mailing Address (if different that PROPERTY addrcss) : STA TE OF CAl.lFORNIA } ss, COUNTY OF ~ 7A- c/. AM On~ I'/: ).0"7 ,before me. , personally appeared LULL Mfi Sln/~_. Notary Public, Dfbj}(5 hBorT r fHlrt'?ually IC:RFrh n t" HIe- -OR- proved to me on the basis of satisfactory evidence to r",u~~"'O""'''_H'- be the person~ whose nam~..o/~ /.,', ,i:~.-" \'" . .~-.-~ subscribed to the within instrument and ,1/' ''''h. ~.~ Ii" LMA Slvll I H t :<:1;,::,'"" .~,"\~'\ COmG1ISSlillJ #1559640 ~ acknowledged to me that~s~$K executed ~l;.~.. ~"~~iij /Jotary Puhlle - Califni~la g the same in ~~~ authorized · '~c~*.:~/- Santa Clara COIIr!ty::< t ('?J\ d th t b .m<:fI18f'/th8li'r ~~ii..'.~;'~/ MI' Carnm Expires Apr 02.2809 capaci y l~h an a y.::7 '7'~ 'r, signature~ on the instrument the persnn(x, or the entity upon behalf of which the person(~ acted, executed the instrument. ~n~~~. SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER l'hough statute does not require the Notary to fill in the data below, dning so may pn\Ve invaluahle to persons rdying on the doeument. INDIVIDIIAI CORPORAIT (lITIC IRS( S I litle{s) PARINrR(S) IIMITID (iINrRAI ATlORNIY-IN-I'A{ '1 TRIISTlI'(S) tilJARDIAN/CONSIRV 1\ lOR OTllrR SIGNER IS REPRESENTING: Name of Person(s) nr rnt,ty( ics) ST A TE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Agreement for Water Use and Sewer Treatment Plant Capacity Allocations 6001 Rossi Lane APN 841-15-160 J.N. Abbott distributor, Inc. On October 10, 2007, before me, Susan R. Johnson, Notary Public, personally appeared Jay Saksa 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=04- ~ f ~ Notary PublIc - Callfomlo ~ J ~ .- c,,"' eo.nv d ~ _ _ ~:o:m:~~~ iu}Cuv Q. ~V.:YN\.~ Signature ofN Public per GC Sec. 40814; CC See, 1181 (Notary Seal)