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Water & Sewer Allocations - Panchal, H.I. .. .. DOCUMENT: 19303458 Pages 4 RECORDING REQUESTED BY AND WHEN 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 ~ 014 2/13/2007 253 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 25 day of October , 2006, by and between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and H.I. Panchal , a ("DEVELOPER/OWNER"). A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions stated herein for the property at 8897 Monterey Street, Gilroy, CA 1,083 maximum gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in the amount of $ 40,363.41 ; and (Grandfathered) 1,433 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the amount of $ 10,049.62 . (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 the CITY's sewer and water delivery systems and agrees to the following: 1. 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. 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/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 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 Agree recorded in the Office of the Clerk-Recorder of Santa Clara Coun DEVELOPER/OWNER By ~. 1 ,~~9 .1. PanchalA Owner Its: H 1 P ffrv C H ffi L_ Mailing Address (if different than PROPERTY address): coY; ~ I >Y1 ON'C~ r;::, C)' L If!o Y IZT:J )' S-n '2sJ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~<<<<<<<<<<<<<<<<<<<<~<Y:;;<:<<<<<<~<'X:;;<:<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<"':<>0'XC<:<<<<<<<<<<<<v~ ~.' State of California } ~ R ss. 9, ~ County of _SAl1TA__CLARA ~ ~ g ~ On C&:T;}]~J-:Q_OJ,~> . before me. hTtLN_A__$t'tITHL_1LO'tARLLUBL.Ii:----- ~ ~: [jale N;lnw" (m~j Ilt:C' u! OllleN Icq '-Jam'> Doc, Notary PubIIC'"1 -?S ~ personally appeared H . I, P,tAIC 1I-l4_~____ __ _ -------- ~ ~ pe;::(~:;)::"~)~'~wn to me ~ ~ '"-f'proved to me on the basis of satisfactory ~ ~ evidence ~ ~., to be the person~ whose name~ @i~ .~ ('. subscribed to the within instrument and .'S ~ acknowledged to me that~sryttth~ executed ~ ~ the same in ~/~/t~ authorized ~ R capacity(~). and that by ~/h)ltith~ g R signature~on the instrument the person~or g ~ the entity upon behalf of which the person~ ~ ~ acted. executed the instrument. ~ ~ WITNESS I~ hand and official seal. .~ ~... ~JdJVnud ~. ('.: f);aC(~ N~)ldr\/ Sed: Anew!' SI~lna:LJr(' of Notary PLJrll!c -~ ~ ~ ~ Though the mformatlOn below is not reqUired b~f:v~~~~~;e valuable to persons relymg on the document ~ i) and could prevent fraudulent removal and reattachment of this form to another document. (i ~ ~ ~ ~~:~~i~:~~nOfo~~~~~~~d Document ~ ~ Document Date: Number of Pages: ~ ~ g ~ Signer(s) Other Than Named Above: ~ ~ ~ ,Q Capacity(ies) Claimed by Signer g ~.. Signer's Name .~ ~ ('. Individual ~'S ~ Corporate Officer - Tltle(s) ': ...." : ~ ; Partner - Limited General X ~ Attorney in Fact X ~ Trustee ~ 8 Guardian or Conservator $ ~ Other ~ X ~ ~ Signer Is Representing: ___________. ~ X X {(./'/;/'/v~~'0f_'Z--CV-:Y...;.<"yf./y~'<'./y~'0;~-cx/y./x~~..,~<<<<'0;'Cx,,'C.</.X.KY':iC<Y'Aj-:Y':iCZ<<'0':'0:.;6(-cj.:<<<<<<<<<<<<<<--c/J 1 ~J7 Niltlu~U! Nc;;w. . )3::;0 Dc- Sate Av0 PO B,,): 7.102. Cn,,!S"','fH1r CA Q1:';1:LJ.W:) Prnc1 Nn ~y(r:m Rp~wlpr C,,111:)il.Frpp 1-HOO-'~lh-Gf;21 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Agreement for Water Use and Sewer Treatment Plant Capacity Allocations - H.I. Panchal, 8897 Monterey Street, Gilroy, CA On October 30,2006, 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. ~~6. l/d~/(uc Signature at Notary Puhllc ~......---..........-......-....-.-..-.-...-.....- if) RHONDAPElLlN ~ - .-.. Commission # 1 sa 1 056 ~ -,,; Notary Public - California f . Sonta Clara County - . MyComm. ExplresJlSl19, 2 per GC Sec. 40814; CC Sec. 1181 (Notary Seal)