Water & Sewer Allocations - Sanchez, Adolph and Emily
I(
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
DOCUMENT: 19724648
" " III II 1.111 I 1111 1111/11
Pages. 4
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Fees
Taxes
Copies
AMT PAID
18 00
18 00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Owner
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1/29/2008
822 AM
SPArr AI~ovr TillS L1Nr rOR RrrORrWR'S I Jsr
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALI,OCATIONS
This Agreement is made and entered into this 8th day of October ,2007, by and between the
CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and
Adolph & Emily Sanchez Living Trust , a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 190 Welburn Avenue., Gilroy, CA 95020, APN 790-36-031,
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)
1,667 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the
amount of $ .13,39~.13~~~_. (Grandfathered)
PENAL TV: 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 insert 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.
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, California.
CITY DEVELOPER/OWNER
By:
Owner
Sole Surving Trustee of the
Adolph & Emily Sanchez Living Trust
Mailing Address (if different that PROPERTY
address):
8431 Goldenrod Circle
GilcQ)/,J::L9.5Q2_0__~____ .
STATE OF CALIFORNIA
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ss.
COUNTY OF Santa Clara
personally appeared
Emily Sanchez
On 11 /6/2007 . before me, Pa tr icia K, BentsoIl Notary Public, CAPACITY CL\I'\fED BY SIGNER
personally known to me -OR-
proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) ~re
subscribed to the within instrumen~' and
acknowledged to me that he he hey executed
the same in hi er elr a~orized
capacity(ies). and tli by hi er heir
signature(s) on the instrument the pers n(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and otlicial seal.
ARY
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Though statute does not require the
Notary to fill in the data below. doing so
may prove invaluable to persons relying
on the document.
INDIVIDUAL
CORPORATE OFFICERS(S)
Title(s)
PARTNER(S) LIMITED
GENERAL
ATTORNEY -IN-I' ACT
TRUSTH(S)
CilJARDIAN/CONSER V A TOR
OTHER Sole Surui ving
Trllc::t-pp
SIG~ER IS REPRESDiTI"iG:
Name ofPerson(s) or Entity(ies)
..A.dolph !I. Forni 1 y--5anchez
Living Trust
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of~lY\tr:.,- c') (J.. y(,~
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\ Date
On
personally appeared
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Name(s) of Slgner(s)
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I NoIary NaIc - c""'" I
IanIa CIaIa CounIJ -
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of thiS form to another document.
Description of Attached Document
Title or Type of Document: __________
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer - Title(s): ______
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
who proved to me on the basis of 1'ii\tisfactory evidence to
be the person('s,l whose name~~re subscribed to the
within instrument and acknow~~,~",,}O me that
he.@f)Mhey ,executed the same in~ir au~horized
capacity~, and that by hi~their signatur8W on the
instrument the person~, ohhe entity upon behalf of
which the personti) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Number of Pages: __
Signer's Name: ~
Individual
Corporate Officer - Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
RIGHT THUMBPRINT
OF SIGNER
lOp of lhlHTlh rH~r('
Signer Is Representing:
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w) 2007 National Notary ASSociation. 9350 De Solo Ave. PO 80x 2402. Chatsworlh. CA 91313-2402. wwwNallonalNotaryorg Item u5907 Reorder: Call Toll-Free 1-800-876-6827