Water & Sewer Allocations - Jimenez, Fernando and Josephine
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DOCUMENT: 19466491
Pages'
4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
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Fees
Taxes
Copies
AMT PAID
16 00
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
16 00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE tt 009
6/12/2007
11 · 43 AM
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AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCA TIONS
This Agreement is made and entered into this 23rd day of April , 2007, by and between the
CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and
Fernando Jimenez & Josephine Jimenez ,a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 6901 Monterey Road, Gilroy, CA 95020, APN 799-34-039,
300 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $ 11,652 : and (Grandfathered)
300 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the
amount of $ 2,192.40 (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.
S. 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 insel1 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.
') 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 pm1 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-CUITent 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 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.
') 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.
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DEVELOPER/OWNER
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Fernando Jimenez
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Its: Owner
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Its: Owner
Mailing Address (if different that PROPERTY
address):
7939 Hanna Street
Gilroy, CA 95020
STATE OF CALIFORNIA )
)ss,
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
Agreement for Water Use and Sewer Treatment Plant Capacity
Allocations - Fernando Jimenez & Josephine Jimenez, 6901
Monterey Street, Gilroy, California, APN: 799-34-039
On June 5, 2007, before me, Rhonda Pellin, 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.
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I Signature of Notary I'uhlie
@ RHONDA PELlIN
~ _ . COmmission # 1581056
}, · No""" "- - CO_ ~
Santa Clafo C~ty ~
My Comm. expq. J16l19
------------- '
-
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
ST ATE OF CALIFORNIA
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ss.
COUNTY OFYWrtn C\O~C~
G:rsonally known I(~R-
proved to me on the basis of satisfactory cvidence to
be the person(s) whosc name(s) is/arc
subscribed to the within instrument and
acknowledged to mc that he/she/they executcd
the samc in his/hcrltheir authorized
capacity( ies), and that by his/her/their
signaturc(s) on the instrument the person(s), or
thc entity upon behalf of which the person(s)
acted. executcd the instrumcnt.
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WAUm
_Q CO'NTlIlllon" lN9956 J
i -.. Notary N:lIc . CaIfomIa f
j' Santa Claro COUltV d
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WITNESS my hand and official seal.
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- NATU OF NOT Y
CAPACITY CLAIMED BY SIGM:R
Though st;ltute docs not require the
Notary to 111\ in the data bdow. doing so
may prove in\aIuahk to persons rdying
on the document.
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CORPORATE OFFICERS(S)
Titk(s)
PARTNER(S) LIMITED
CiENERAL
ATTORNEY-IN-FACT
TRlISTEE(S)
CilIARDIAN/CONSERV A TOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Enlity(ies)