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Water & Sewer Allocations - Lehmann Gilroy, LLC DOCUMENT: 19654325 Pages 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Fees Taxes Copies AMT PAID 16 00 City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 ]6 00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE tt 009 I 1/15/2007 2 57 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY ALLOCA TIONS This Agreement is made and entered into this 28th day of September , 2007, by and between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and Gilroy LLC Lehmann ,a ("DEVELOPER/OWNER"). ~H-II1M N GIL.A.::.1 . LLC A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions stated herein for the property at 7110& 7120 Alexander Street, Gilroy, CA 95020 APN 841- 12-014, 1475 maximum gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in the amount of $ 57.289,00 ; and (Grandfathered) 3133 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the amount of $ 25,188.87 (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. 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 insert in all deeds, leases or contracts made relative to the PROPERTY, improvements thereon. or any pal1 thereof, written notification of the terms and conditions of this Agreement. 2. DEVELOPER/OWNER will secure in wntmg 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 intemal 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 tor 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, Califomia, ~ --- DEVELOPER/OWNER By: aAtJt~/ t1~cllt WJ 114<<'\ c 1f!? Gilr6) LLC Lehmann LEJun/\NN GlU<21, LlC r Its: Owner Mailing Address (if different than PROPERTY address ): 1135 Auzerais Avenue San Jose, CA 95126 STATE OF CALIFORNIA } COUNTY OF Cbntu (? 10 ((L- ss. On 101?:D/ o=J- . bor",o mo. (' --'j rd r ~ r rren t r . N " "" , Pubhe. personally appeared Che..y\-er C, Leh('(Y..l.nn nr personally known to me -OR- prnvpr! I'l mil OR tRe! \;HI:;iJ "f ,.,l;,LILllll y evidt:llu; to be Ihe personV0 whose namey<! (9'afe subscribed to the within instrumenl and YNDI PARMENTER acknowlcdged to mc tha09~;hil/tRey executcd (ii-. co~misslon # '554482 t the same in@'h"r/tbeif-authorized -. Notary Public - California - capacity(~, and that by 03~ i . -. Santo Claro County 9 signature~) on the instrument the person(1'1. or .' Myeomm,EJ<plresFeb22,200 the entity upon behalf of which thc personyn acted, executed the instrument. WITNESS my hand and official seal. ~ NOTARY CAPACITY CLAI:\IED BY SIGNER Though statute does not require the Notary to fill in the data helow, doing so may prove invaluahk to persons rdying on the document INDIVIDllAL CORPORATE OFFICERS(S) Tilk(s) PARTNER(S) Ll~ITED (iENERAL A DORNEY -IN-FACT TRllSTEE(S) (ilIARDIAN/CONSER V A TOR OTHER SIGNER IS REPRESENTIN(;: Name or Person(s) or Entity(ies) ,) STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAP ACITY ALLOCATIONS 7 I 10 & 7 I 20 Alexander Street Gilroy, CA 95020 APN 841-12-014 Lehmann Gilroy, LLC On November 7, 2007, before me, Susan R. Johnson, Notary Public, personally appeared Jay Baksa 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. ~ ... ~ ... ... ~ s;~ t ~N;'; ... ~ e CommlulOn # 1543104 ~ . .. Notary PublIc . Callfomla ~ ~ Santa Clara County d _ _ _ ~:o:m,;..~~Jo:~2 &!JCUL Q . ~JOf\-- Signaturc ofN Public per GC Sec. 40814; CC Sec. 1181 (Notary Seal)