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Water & Sewer Allocations - Pierce, Michael and Carolyn DOCUMENT: 19681002 Pages 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1IIII1111111111111 ill 1111111111111 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 Reco:ded at the request of Ovmer RDE It 006 12/12/2007 I 58 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 October , 2007, by and between the CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and Michael j, & Carolyn Pierce , a ("DEVELOPER/OWNER"). A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions stated herein for the property at 321 Kishimura Drive, Af>U €>3S - b2. - ClfD 575 maximum gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in the amount of $ 22,333.00 : and (Grandfathered) 667 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the amount of $ 6,163.23 (Grandfathered) PENAL TY: DEVELOPER/OWNER shall he 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 hy the Gilroy City Council. B. In consideration for the ahove 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 insert in all deeds, leases or contracts made relative to the PROPERTY, implOvemcnts thereon. or any part 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-culTent 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 hack 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" ahove shall be null and void upon the termination of this Agreement for any reason. D. DEVELOPER/OWNER shall have the option of mcasUling scwcr effluent by: 1. Installing and paying for a scwer effluent metcr, which mcter 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 tcrms and conditions of this Agrcement shall run with the land, and apply to and bind DEVELOPER/OWNER and each of DEVELOPER/OWNER's hcirs, assigns, succcssors and successors-in-interest, and all subsequcnt owners of the PROPERTY. This Agrcemcnt shall be recorded in thfJ)fnc~_ of the Clerk-Recorder of Santa Clara County, California. DEVELOPER/OWNER By:l!\i\\.U~/\"(!uJc P ~/v~--->C Michael . Pierce Its: Owner By: l'G/\~At~r~I;~i~~ierce Its: Owner Mailing Address (if different than PROPERTY address): fg ,g -5 Ber+C\ Ly (\ Rot -P ("u n i"_ cJ ~ I e.. LA 1 3'1 iX] } STATE OF CALIFORNIA COUNTY OF ~Et.jQ/Lk-t y- On be;! L- ;;~:9t,~1 b~'ore me.~; personally appeared ~fc~~j/ (../ personally known to me -OR- proved to me on the basis of satisfactory evidence be the person(s) whose name(s) i fare subscribed to the within In: ent and acknowledged to me that he/' the~executed the same In his/he 7their autho' capacity(ies). and that y his/he their signature(s) on the instrument the person(s. r the entity upon behalf of which the person(s) acted. executed the instrument. ss. WITNESS my hand and 'ltlicial seal. -'l . 2zc j MZitl-t1 <t" SIGN ^ TURE OF NOT AR, Q MARIE BOURGET ~ .' . COMM # 1453799 a: Notal Y PUbliC-Ca!. ifon'ia County 01 Mo~ . fit ~omm, Exp. No'f29:2I01 CAPACITY CLAIMED BY SIGNER Though statute docs not require the Notary to fill in the data helo\\" , doing so may prove invaluable to persons relying on the d,x:ument. INDlVlDlIAL CORPORATE OFFlCERS(S) Titlc(s) PARTNER(S) LIMITED CiENERAL ATrORNEY -IN-FACT TRIISTEE(S) (jt IARDlAN/C 'ONSER VA TOR OTHER SIGNER IS REPRESENTING: l"ame of 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 32 I Kishimura Drive Gilroy, CA 95020 APN 835-02-040 Michael J. & Carolyn Pierce On December 5, 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. ~~~~~~~~~~~~~~ SUSAN R. JOHNSON @'commlsslon/ll543104 i ,MA Notary Public - California ~ ~" Santa Clara County d ~ _ _ ~ .=o:m,:,. Ex~re.:. Ja: ~ 2 }LvxuL ~.~)7\ Signature of No Public per GC Sec. 40814; CC Sec. 1181 (Notary Seal)