Water & Sewer Allocations - Monier Lifetile
DOCUMENT: 19303455
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
16 00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE ~ 014
2/13/2007
2 53 PM
SPACE ABOVE TIllS LDIE FOR RECORDER'S USE
AGREEMENT ~'OR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCATIONS
This Agreement is made and entered into this 23 day of Januarv , 2007, by and bctween the
CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and
Monier Lifetile , a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 6500 Brem Lane. Gilroy, CA 95020
233 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $ 9.049.72 ; and (Grandfathered)
4,600 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the
amount of $ 33,616.80 (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.
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 thc CITY's sewer and water delivery systems and agrees to the following:
1. DEVELOPER/OWNER shall insert in all deeds, leases or contracts made relati ve 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/OWl\"ER 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 reclamation systems and water-saving devices.
C. The terms and conditions of this Agreement shaH 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.
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/OW~R' s heirs, assigns, successors and
successors-in-interest, and all subsequent owners of the PROPERTY. This Agreement shall be
recorded in . e of the Clerk-Recorder of Santa Clara County, California.
Its:
C;,lc/1 $b {;pILfL</ ((
DEVELOPER/OTR
By:.4CAAJ-!ij ^J
David Maher CI
Its: iJ,',I"f!C I Or r- /l1t111 c .c
--
Mailing Address (if different that PROPERTY
address):
STATE OF CALIFORNIA } ss.
CO~NTYOFa~ '
'ppeMoo O~~...~~.~on'Il'
personally known to me -OR-
~--~~-----
-a c~~, f
I _,,-.c_ I
Orange COW1tV -
_~ _ ~~~~_~3~~
proved to me on the basis of satisfactory evidence to
be the person(>>1' whose nam~ islaFe"
subscribed to the within instrument and
acknowledged to me that hehl.dthc.y executed
the same in hi~thtir authorized
capacity(ies), and that by his/her/tIt&itr
signature(o!if' on the instrument the perso~, or
the entity upon behalf of which the person(~
acted, executed the instrument.
WITNESS my hand and official sea!.
~(). 94u#r
SIGNATURE OF NOTAR
CAPACITY CLAIMED BY SIGNER
Though statute does not require the
I'otary 10 fill in the data below, doing so
may prove invaluable to persons relying
on Ihe document.
Il\DIVIDUAL
CORPORATE OFFlCERS(S)
Title(s)
PARTNER(S) LIMITED
GENERAL
ATrORNEY-lN-FACf
TRUSTEE(S)
~~CONS~A1h'
~ 7U~L .J ..c.--.... H....)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
Agreement for Water Use and Sewer Treatment Plant Capacity
Allocations - Monier Lifetile, 6500 Srem Lane, Gilroy, CA
On February 9,2007, 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.
y hand and official seal.
~....._-_.............._...............-
~ RHONDA PELLlN
_ -. Commission # 1 581 056 ~
~ -,,; Notary Public - California ~
~ Santa Clara County d
_ _ ~ ~:o:m~Ex~es.:~I:
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)