Borgna, Primo - Potable Water Service
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Recording requested by:
City of Gilroy
When recorded mail to:
City of Gilroy
City Clerk's Office
7351 Rosanna Street
Gilroy, CA 95020
No Fee per Government
Code ~ 6103 and ~ 27383
DOC U MEN T : 1 534501 7 Tit I es : 1 / Pages: 6
Fees. 22.00
Taxes.
Copies.
AMT PAID 22.00
;0;0015345017;0;
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE ** 102/016
8/04/2000
12:06 PM
AGREEMENT FOR POTABLE WATER SERVICE
FOR PROPERTY LOCATED OUTSIDE THE CITY LIMITS
This Agreement, made and entered into this I q '-lA-day of June, 2000, by and between the
City of Gilroy, a municipal corporation ("CITY"), and Primo Borgna ("OWNER") of the real
property APN#790-17-004, located at 9190 Kern Avenue, Gilroy, CA ("PROPERTY").
WHEREAS, OWNER desires to use the CITY's water service for the PROPERTY which
is located outside CITY limits but within the CITY's sphere of influence; and
WHEREAS, CITY finds that adequate utility capacity exists to provide such service;
NOW, THEREFORE, in consideration of the promises herein and for further good and
valuable consideration hereinafter set forth, IT IS MUTUALLY AGREED BY AND BETWEEN
THE PARTIES AS FOLLOWS:
SECTION 1. The property OWNER proposes to be connected to the CITY's potable
water systems at a point(s) approved by the City.
SECTION 2. OWNER may receive potable water service to the PROPERTY provided
that OWNER shall comply with all laws, codes, ordinances and policies relating to potable water
service within the City of Gilroy. In addition, OWNER shall pay charges as follows:
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A. Fees to the City Engineering Division for the costs of staff review and processing
of the Out of Agency Request for Santa Clara County Local Agency Formation Commission
("LAFCo") approval. In addition, Owner must pay all LAFCo application and processing costs.
B. A lump sum payment, based on the then current connection fee, for the existing
single- family dwelling unit connected to the system.
C. A monthly service charge and a water rate charge to reimburse CITY for potable
water supply service to the property. Said service charges shall be consistent with CITY fees in
effect at the time of connection for use, unless changed by ordinance or resolution of the City
Council, at which time the newly established charges shall be effective.
D. OWNER shall reimburse CITY for any costs that are a direct or indirect result of
extending the potable water supply system to the PROPERTY to the extent such costs are not
otherwise covered herein.
E. All fees described above will be collected according to the schedule in effect at
the time said fees are usually and normally collected by CITY.
SECTION 3. OWNER has installed potable water supply facilities to connect to CITY's
water supply system including water laterals beyond the water meter, and is currently able to
connect to CITY's system.
SECTION 4. It is understood and agreed that OWNER will connect his on-site water
supply system lateral to the CITY'S existing system at the CITY's meter. OWNER shall
connect his on-site water supply system to the CITY's meter in a manner that will ensure that
there is no cross-connection with the prior on-site well. Further, CITY shall not be liable in any
way for damages to OWNER or OWNER's PROPERTY resulting from acts of God or any other
act or acts beyond the control of CITY which may be in any way cause interruption or
discontinuance of the potable water service provided hereunder.
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SECTION 5. OWNER expressly agrees that all maintenance of the private potable water
laterals from the PROPERTY to the water meter shall be OWNER's responsibility. OWNER
shall keep the private potable water lateral(s) in good condition, and shall promptly repair the
same following damage or disrepair.
SECTION 6. Upon OWNER's breach of or failure to timely perform any of the terms of
this Agreement, this Agreement may be terminated at CITY's sole option and CITY may
discontinue service.
SECTION 7. OWNER further agrees that in the event an annexation proceeding is
initiated to annex an area to the City of Gilroy, which annexation includes the PROPERTY,
OWNER will not object to nor file any protest against inclusion in the annexation, and will
support said annexation. OWNER agrees to fully cooperate with CITY in filing for and
processing annexation requests and shall execute all documents reasonably requested by CITY in
connection with the annexation of any portion of the PROPERTY which is the subject of this
Agreement.
SECTION 8. OWNER further agrees that this Agreement shall only apply to the
PROPERTY, and does not extend to any additional subdivision of said PROPERTY. OWNER
further agrees that the services provided under this Agreement are solely for the purpose of
serving one single-family residential dwelling unit, and for no other purpose.
SECTION 9. This Agreement shall be binding upon the successors, heirs, or assigns of
OWNER.
SECTION 10. The parties agree that this Agreement shall be recorded in the office of the
County Recorder of Santa Clara County, California, by CITY and that the provisions contained
herein relative to the PROPERTY shall operate as covenants and restrictions thereon.
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SECTION 11. This Agreement shall terminate upon annexation of the PROPERTY to
the City, notice of which termination shall be recorded. OWNER thereafter shall be subject to
the ordinances, regulations and policies regarding delivery of utility services to a residential use.
SECTION 12. This Agreement shall become null and void and without any further force
or effect if the extension of services described hereunder are not approved by the County of
Santa Clara and by LAFCo on or before December 31, 2000.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be
effective the day and year first above written.
Dated: June 8..., 2000
Dated: June 11, 2000
OWNER:
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Primo~ r
CITY: .... ~
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Rhonda Pellin, City Clerk
APPROVED AS TO FORM:
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% Linda A. Callon, Gilroy City Attorney
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STATE OF CALIFORNIA )
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COUNTY OF SANTA CLARA )
On June 19,2000, 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.
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@ 1997 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827