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Water & Sewer Allocations - Lopez, Enrique and Senobia RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: DOCUMENT: 19269330 11111111 "" 11/ ""11111 Pages · 4 City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Fees Taxes Copies AMT PAID 16 00 16 00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of County Agency ROE ** 002 1/18/2007 134 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 4th day of January , 2007, by and between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and Enrique Lopez & Senobia Lopcz , a ("DEVELOPER/OWNER"), A, The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions stated herein for the property at 429 First Street, Gilroy, CA 95020, 100 maximum gallons per day sewer treatmcnt plant capacity allocation at a cost to DEVELOPER/OWNER in thc amount of $ 3,884 ; and (Grandfathered) 733 maximum gallons per day peak water usc allocation at a cost to DEVELOPER/OWNER in the amount of $ 5,356 (Grandfathered) PENALTY: DEVELOPER/OWNER shall be chargcd and pcnalized 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 rcgulations adopted by thc Gilroy City Council. B. In consideration for the above scwer 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, Icases or contracts made relative to the PROPERTY, improvements thcreon, or u.ny part thereof, written notification of the terms and conditions of this Agreement. 2, DEVELOPER/OWNER will secure in wntIng from any and all present and futurc occupants or uscrs of said PROPERTY with whom DEVELOPER/OWNER entcrs 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 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 DEVELOPER/OWNER thc 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 reclamation systems and water-saving deviccs, C. The terms and conditions of this Agreement shall remain in full force and effect until this Agreement is modified or terminatcd 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 scwer use charges as invoiced by CITY. Notwithstanding anything to the contrary hcrein, 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 the termination of this Agrecment 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 Agrcement shall run with the land, and apply to and bind DEVELOPER/OWNER and cach of DEVELOPER/OWNER's heirs, assigns, successors and successors-in-interest, and all subsequcnt owners of the PROPERTY. This Agreement shall be recordcd in the Office of the Clerk-Recorder of Santa Clara County, California, ....~-': DEVELOPER/OWNER "\ r I , J,-II~Lj- By ~;::~.;V~~~ Enrique Lo ez Its: Owner {/ By:i&, bv 1/,> ):'/'V; Senobia Lopez ' Its: Owner Mailing Address (if different that PROPERTY address): l d. Y c:o..n Tuo...n '2ot ~~v~\leICA.. q=:Dlv COUNTY OF ~+'^ ct().,~ On.ln~ '-\7"~ . berm, ~" 6~~:7~n~~IIY appeared Ei y UP 'Vex1Dn I a.. ST ATE OF CALIFORNIA personally known to me -OR- ----------~1 . 0' BEllA P. GONZALEZ , . ,...., ~ COMM, # 1624437 -l . NOTARY PUBLIC-CALIFORNIA 0 n, SANTA CLARA COUNTY 0 MY COMMISSION EXPIRES I NOVEMBER 24, 2009 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ } ss. CAPACITY CLAIMED BY SIGNER proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i.. ar subscribed to the within instrument and acknowledged to me that he/sh the executed the same In his/her thei authorized capacity(ies), and that by his/he~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. Though statute does not require the Notary to fill in the data helow. doing so may prove invaluahle to persons relying on the document. INDIVIDlIAL CORPORATE OFFICERS(S) Title(s) I'ARTNER(S) LIMITED GENERAL AlTORNEY -IN-FACT TRIISTEE(S) (ilIARDIAN/CONSERV A TOR OTHER , 'NER IS IU:PRESENTING: Na eoI' Person(s) or Entity(ies) STATE OF CALIFORNIA ) )ss, COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Agreement for Water Use and Sewer Treatment Plant Capacity Allocations - Enrique Lopez & Senobia Lopez, 429 First Street, Gilroy, CA On January 4,2007, before me, Rhonda Pellin, 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. j "It/hAte . /1, Signature of Notary PuhJic L l J'-. i~-~~~~~---~~~ RHONDA PELlIN ~._.. Commission # 1581056 ~ . -. _ Notary Public - California ~ i-Santa Clara County ~ My Comm. Expires J\.f'l19. 2 ..............-------.......------- per GC Sec. 40814; CC See, 1181 (Notary Seal)