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Borgna, Primo - Potable Water Service I' ' "I 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: \JH\481352.1 01-052204706002 -1- 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. \JH\481352.1 01-052204706002 -2- 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. \JH\481352.1 01-052204706002 -3- 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: ~~- Primo~ r CITY: .... ~ e~~~, Rhonda Pellin, City Clerk APPROVED AS TO FORM: ~ % Linda A. Callon, Gilroy City Attorney \JH\481352.1 01-052204706002 -4- STATE OF CALIFORNIA ) )ss. 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. 4 /? ' ,:/ "- tI:d.u:",,-, Signature of Notary Public I.----~:~~~f.. ~. Notay PubrIC - Califaria ~. J ~Cbc~ f _ _ _ ~~~~~1:~1 . per GC Sec. 40814; CC Sec. 1181 (Notary Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ ~ I' Ie State of California ~~ }ss County of On ~ /7,,;)rqo , before me, ~ ,,'" ,{). ~"" 0"0' ""0 ""', personally appeared (I~ Name(s) of Signer(s) ~ , otary Public") ~ I.... I I. ~ o personally known to me )( proved to me on the basis of satisfactory evidence ,I to be the person~ whose name(~ is/Me- subscribed to the within instrument and acknowledged to me that he/9i'te,'lIlGy' executed the same in his/~~,'lI,dr authorized capacity~, and that by his/Relit! reir signature~ on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. I..H":::~~I ~. Notay l'ubIlc - CuIifolNI J Santa CQaCcutfy I .. - - ~~~~:~ WITNESS my hand and official seal. ~~"''' I...... I. I i.c..... I I. ~I'.i...... I. I I ~ @.' ~ ~ 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. DescriPtionofAttached~o(~ A+ /../- I'''~S/A../~ '1 dL-t.l TltleorT~: ~~-- Document Date: ~ ,q I 02,f; on Numb'r of Pages: 1- Signer(s) Other Than Named Above: I I I 'I 1 Capacity(ies) Claimed by Signer Signer's Name: )([ Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee C Guardian or Conservator D Other: . Top of thumb here I I ~ I I ~ Signer Is Representing: ~"!%~~~~~~~"~i<>~<;;~"<;>'~~~~~~~'Q<>.~~'Q<>.~~~,,!%'<~~;:~'<;'~~~~~ @ 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