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Water & Sewer Allocations - Santacroce, Nello E P RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: DOCUMENT: 19654324 ! 1111 II 11I1!/lIIIII. 11111111 1111111111 Pages 4 City Clerk City of Gilroy 735 I Rosanna Street Gilroy, CA 95020 Fees Taxes Copies AMT PAID 16 00 16 00 REGINA ALCO~ENDRAS SANTA CLARA COUNTY RECORDER Recorded at t~e request of C i tj ROE t; 009 1 1/15/2007 2 57 PM ~Yf\lt'~t\l)UVC 111h)Ll...L.\.Jn.nL.."'--........................~&.. ~ ~~._ AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY ALLOCA TIONS This Agrcement is made and entered into this 15th day of August , 2007, by and bctween thc CITY OF GILROY. a municipal corporation, in the County of Santa Clara. California ("CITY"), and Nello E P Santacroce ,a ("DEVELOPER/OWNER"). A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions stated herein for the property at 105 Leaveslcy Rd.. Gilroy, CA 95020, APN 835-01-039, L 133 maximum gallons per day sewer treatment plant capacity allocation at a cost to DEVELOPER/OWNER in the amount of $ 44,005.72 : and (Grandfathered) 1,433 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the amount of $ 11,519.88 (Grandfathered) PENALTY: DEVELOPER/OWNER shall be charged and penalized for any use of scwer treatment plant capacity and/or peak watcr in excess of the ahove 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 ahove-referenced payments prior to connection with the CITY's sewer and water delivery systems and agrecs to the following: I. DEVELOPER/OWNER shall insel1 in all deeds, leases or contracts made relative to the PROPERTY. improvements thereon, or any pat1 thereof. written notification of the terms and conditions of this Agreement. J DEVELOPER/OWNER will sccure 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 Scction A. 3. Should DEVELOPER/OWNER desire an increased sewcr 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 thcn availahle. at the then-current published rates and fees. 4. Should DEVELOPER/OWNER consistently use less sewer treatment plant capacity or pCI' day peak water use at the PROPERTY than the allocation purchascd, 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. S. DEVELOPER/OWNER shall investigate and consult with CITY as to the possihle 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 modificd 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 availablc at law or in equity upon such hreach or failure to pay invoiced charges. The sewer trcatment plant capacity and/or peak water use allocation allotted to DEVELOPER/OWNER pursuant to Section "A" ahove shall he 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 mcter. which meter shall comply with the CITY's standards and specifications. 2. Measuring the water consumption at the PROPERTY in a manner acceptahle to CITY. E. The terms and conditions of this Agreement shall run with the land, and apply to and hind DEVELOPER/OWNER and each of DEVELOPER/OWNER's heirs, assigns, successors and successors-in-interest. and all suhsequent owners of the PROPERTY. This Agreement shall he recorded in the Office of the Clerk-Recorder of Santa Clara County, California. DE:E~OPERJOWt;f: / ~ By: '/kd . , .:.dJw~~-<-- Its: Owner Mailing Address (if different that PROPERTY address): q()S7~~~3-~ ~ {!. ~D:t;, ' (1 . I STATE OF CALIFORNIA /' I (_.. COUNTY OF '~-L~ VWV on~. before me. personally appeared~"()Aj t) f. ..... personally known to me -OR- i.- ~ ~ - ~ - ~~~;~;7: 1 j NoIary PubIc . Call1cMftIG I IanIa Cruz County 1. - - - - -~~~~~~~ J ... } ss. I,- Notary Public. I P ,SuA\- ~(!lD LL proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the samc In his/her/their authorized capacity(iesl. and that by his/her/their signature(s) on thc instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. 1~~y:&lJT^RY CAI'ACITY CLAIMED BY SIGNER Though statute docs not re'luire the ~otary to 1111 in the data helow, doing so may prove invaluahle to persons relying on the document. I~DIVIDt!AL CORPORATE OFFICERS(S) Title(s) PART:--;ER(S) LIMITED (jE~ERAL XnOR~EY-I:--;-FA('T TRt'STEE(S) (it ':\RDI:\N/CO~SERV A TOR OTHER SI<;NER IS REPRESENTING: :--;arne 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 105 Leavesley Road Gilroy, CA 95020 APN 835-01-039 Nello E P Santacroce On November 7, 2007, before me, Susan R. Johnson, 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 eapacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. ~ A/nIL R...... ~\..,(\/.}01'- Signature of No ubhc ~ ~ ~ ~ ~ :~sfini=04~ J i fi. Notary PublIc - Calnomlo ~ J Santo Clara Coooty d 'Or _ _ ~:o:m,;..~~~~2 WITNESS my hand and official seal. per GC Sec. 40814; CC Sec. 1181 (Notary Seal)