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Martin, Edward - Sanitary Sewer Service 1/" :.-' ( . DOCUMENT: 13624000 Titles 1/ Pages 10 .0013624000. Fees Taxes Copies AMT PAID 34 00 34 00 RECORDING REQUESTED BY Gilroy City Clerk Fee Exempt per Government Code Section 6103 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE "* 012 2/27/1997 849 AM WHEN ~~9f.R~2. RETURN TO Susanne !(.JJllldE, City Clerk City of Gilroy 7351 Rosanna St Gilroy, CA 95020 ":- AGREEMENT FOR SANITARY SEWER SERVICE THIS AGREE1'vIENT, made and entered into this~day ofNovernber ,~996 by and bet \vccn the City of Gilroy, a Municipal Corporation, hereinafter referred to as the "City". and Edward L Martin as to Parcels APN# 783-31-1,2,3,4,5,6,7,8,9, 10,12, and 17 101 Green ValIey Dr. Gilroy, CA 95020 Ron and Ophelia Perez as to APN# 783-31-11. 10767 Green ValIey Dr. Gilroy, Ca 95020 Jcffand Pam Martin as to APN# 783-31-15. 101 Green ValIey Dr. Gilroy, CA 95020 t\'lichad L Martin as to /\PN# 783-31-16 101 Green ValIey Dr. Gilroy, C A 95020 ht~l\~illaner referred to as "O'..\i1cr", WITNESSETH WHEREAS, th~ Owner desires to utilize the wastewater transportatic,n and trC:1tm~nt facilities of the City for proper1y located outside the City limits; and WHEREAS, the Santa CI~:fa County Environmental Health Department in accordance with the: City Enginc':.'f have d~te!':niccd that sanitary sewer service for the sllbject property is necessary to pn,tn:l tl1.... health ~lI!d safety of the area rcsid~nts: and WI-Il'.RL\S, tk.' City in cUlijun'~tioll with the Cit~! of Morgan I--!ill. though the South County Regional WastC\\atcl r\Ud1Ority, haS and is operating a sanitary sewer system so situated and of sufficient capacity to tr,,:J~port and treat the wastewater from the Owners' property; and WHEREAS, The City operates said sanitary sewer plant in conjunction with the City of Morgan Hill, through the South County Regional Wastewater Authority, and enters this Agreement with the approval of the South County Regional Wastewater Authority and through separate agreement, the City has the right to enter into this Agreement; and WHEREAS, the property consi~>:I}~ separa~e parcels ~wned by those persons , . tYP/lS (1'{~~( -", Identified above; ry,1 t/~ rf~ Clf/)JiY""- NOW, THEREFORE, for and in consideration-oMe promises herein and for further good and valuable consideration hereinafter set forth, IT IS MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS SECTION I The property of the Owner proposed to be connected to the City's sanitary sewer system, at a point approved by the City Engineer, shall be that area in a territory located outside the City and described on Exhibit "A", attached hereto and made a part by reference. SECTION 2 The Owner may discharge wastewater into the City's sanitary sewer system, from the property described in Section 1 hereof, upon condition, however, that no waste oil, acid and other matter that may be detrimental to the treatment process employed in the City sanitary sewer system, nor any storm or ground waters, shall be permitted to be discharged into said connecting line, or lines. If any permitted discharge through said sanitary system is contrary to limitations provided in this paragraph, the City may make such repair, mitigation or maintenance work at the expense of the Owner and the Owner agrees to pay the expense of such repair, mitigation or maintenance work immediately upon demand from City. Further, the Owner shall comply with all codes, ordinance or policies relating to sanitary sewer service within the City of Gilroy. SECTION 3 - Prior to the issuance of a building permit by Santa Clara County, Owner shall pay to City the then current connection fees charged by City for sewer connections. Owner shall include in the submittal to the County Building Ofiice, specifications for the connection to the sanitary sewer lateral. Owner shall construct the sanitary sewer connection in accordance with the codes, ordinance and policy of the City then in effect. Every lot, not yet developed, shall be required to pay the sewer connection fees and connect to the City sanitary sewer prior to the issuance of a building permit and commencement of construction. SECTION 4 Owner shall prepare plans and specifications for installation of a sanitary sewer collection system which shall be subject to approval of the City Engineer. The Owner shall install public sanitary sewer mains in the public street, in an existing public service easement or in an approved easement with an all weathcr maintcnance road granted to the City, from the Owner's property to the existing public sanitary sewer systcm in accordance with then cxisting City standards. In addition, charges shall be paid as follows: A. Application fcc to the City Planning Department for the processing of the Out of Agency Request for LAFCO. B A plan check fee based on approved Engineer's estimate for checking plans for sanitary sewer collection system C An inspection fee based on approved Engineer's estimate of construction cost for inspecting construction of the public sanitary sewer collection system. D. A lump sum payment, based on the then current connection fee, for any existing residences that connect to the system at the time of the construction of the lateral. All other construction shall pay the connection fee as described in Section 3 E A monthly service charge to reimburse the City for treatment cost and maintenance of the sewer collection systcm serving the property. Said service charge shall be consistent with in City fees unless ordered by ordinance or resolution F. Owner shall reimburse City for any cost that is a direct result of extending the public sanitary sewer system to the property of the Owner to the extent such costs are not otherwise covered herein G. All fees, including but not limited to the Sewer Development Fee customarily charged by City in connection with residential development, will be collected according to the fee schedule in force at the time of the collection of the fee SECTION 5 The Owner shall dedicate all newly constructed public sanitary sewer facilities to the City, not including private building laterals, in exchange for permission to connect to the City's sanitary sewer system SECTION 6 It is understood and agreed that the City will own and maintain all public sanitary sewer systems, excluding private building laterals, installed by the Owner which are inspected and approved by the City. Further, the City shall not be liable in any way for the acts of God or any other act, or acts, beyond the control of the City which may in any way cause interruption or discontinuance of the sanitary sewer service provided hereunder. SECTION 7 The Owner specifically agrees that all maintenance on the private sewer lateral from the Owner's premises to the public sewer main shall be the Owner's responsibility Owner shall keep the private sewer lateral in good condition, and shall promptly repair the same following damage or disrepair. SECTION 8~ This Agreement shall be terminated and the City shall discontinue service, upon the Owner's breach of or failure to timely perform any of the terms of this Agreement SECTION 9 The Owner further agrees that in the event that an annexation proceeding be initiated, which includes property described in Section I of this Agreement, the Owner will not object to inclusion in an 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 1/111 fqiA 15(}I1lots of the subdivision described in Exhibit "A" and not be extended to any additional d2 J J LId' , , f' 'd @;?'O,. s't/x IVISlon 0 Sa! property :..-;,L..?,{).(;\,,'\.. SECTIONR This Agreement shall be binding upon any successors, heirs, or assigns of ) property which is the subject of this Agreement, at Owners' cost /Hl.1jl'l SECTION 10.... Owner further agrees that this Agreement shall only apply to the original the Owner. SEcrION 12 The parties agree that this Agreement for Sanitary Sewer Service shall be recorded in the oflice of the County Recorder of Santa Clara County, California, at Owner's cost and that the provisions contained herein relative to the real property described in Exhibit" A" shall operate as covenants and restrictions thereof SECTION.J...l. This Agreement shall be null and void and any lien or cloud on title shall be released upon annexation of subject property to the City of Gilroy, notice of which will be recorded. IN WITNESS WHEREOF, the parties hereto have hereunto executed this Agreement the day and year first <:bovc written 0"" n.>-f (/ " .'- --~/- p/ '7/ , -? .-, '~~ ~, / l c Edward L Martin \ ./ /'); C....),/ f _'-- -~~~--D R.onif1per~~, .,& Oph a Perez - \ / J. / 'I.. "'^ ,!;~~~ ~ \~ i \ ~'J W'L(tt)~ ,-'- - - , '~~fr-~~rtin ~ -'WULd- /l~_ Michael Martin ::ty ottJll~lcr;;_ Don Gage, tv' yor )' ~ Attest: MtM.J l.P ' -;..p e-; n I?? e.. T z...... ~ll sanne-St~.'H-I--1-lGt-b-,---City Clerk Approv~d as to form. '\..../ '>7 /~k (( , -v' ~/:) . p/~ c;'~~<L~~__~_, Linda A Callon, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On February 21, 1997 Date before me, Patricia K. Bentson, Notary Public Name and Tille of Officer (e,g, ~Jane Doe. Notary Pubhc~) personally appeared Donald F. Gaqe, Mayor of the City of (; i 1 rny Name!s) of Slgner!s) t~-el':'~'~ - ;AT:C::~ - -I -I ..-. 't; COMM. # 1C1i9071 I : -.' . .' Notary P\bIIc - CalfomIa ~ .~ .' SANTA ClARA COUNTV J .' My Comm, Expires JUN 9. 1999 I .......-........................................................................ 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 same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. xx personally known to me - OR - WITNESS my hand and official seal. ~",.~ ~-~ Signature ~ Notary Pub L 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: Agreement for Srlnirriry SE',,'er SQrvico E, H.::trtin Document Date: November 4, 1996 Number of Pages: 5 + acknowledg ents Signer(s) Other Than Named Above: Edward L. Martin, Ron Perez, Phelia Perez, Jeff Marti Pamela Martin, Michael Martin, Susanne E. Steinmetz, Capacity(ies) Claimed by Signer(s) and Linda A. Callon, Signer's Name: Donald F. Gage Signer's Name: Individual Corporate Officer Title(s): Partner - Limited General Attorney-in-Fact Trustee Guardian or Conservator X Other: Mayor Top of thumb here Individual Corporate Officer Title(s): Partner - Limited . General Attorney-in-Fact Trustee Guardian or Conservator Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: City of Gilroy @ 1994 National Notary ASSOCiation' 8236 Remmet Ave. PO Box 7184' Canoga Park. CA 91309,7184 Prod No 5907 Reorder Call TolI,Free 1,800,876,6827 ACKNOWLEDGMENT State of California County of Santa Clara __ .-J~~ " ///' ~ ' /t))J1 /1;, r/);/&2/l IUOm/f~ r){D!-)(!- On':;;;;/J ~ -; /:J?1before me, Ron Perez, fi;~.s()/U/VI/u AJo#I'9.e~ ------'personally knoW'n to me - OR - vProved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ack- knowledge to me that he/she/they authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person( s) acted, executed the instrument. y-.JI>...A......A...A..~........"^-........~ , "" 0--(~" ( T' -- ~~ () J).';~'<,;!- onl M, l-io\l---::13 ! ,~t~(~l, " . m .',-."',-,, ,.' .' CC""~ ''In' ~(3 ~ V\'.{t~~;',-,'-,,: r~01A"'('~::~!'~'" .JI';',....,~,~'""' r\ Ol:::~\S:'"--.."..:.-.__.. /) "-"~"" l","__, ,'.N:AIJ! C. \..~'....!.../ S/U"'T^:"'I'r~~~':,:~;,'iT'lJ () J "'(1",--> CCr'lrn E".;'f:"'I:'J l' ''-':-<''''...J. ~.............'-"'......,...................... ,...../---/ '/~"~--'-'-_':..'~' Witness Jl1Y hand and official s ~, / -'-J? ~ /<~~/ /i-'J '---- '1 ~ ~- ACKNO\VLEDG l\IENT State of California County of Santa Clara __ ,/; IOA'-;..' /J:. --FOvEl-{/i /lJ~k1y !7:th'L/ ,,!; O,;:tr jU 0<"/ !~7 before me, Ofelia Perez, fJ~/"5 viVA' /t~ A /J~At2 e:L ------'personally \u1'own 0 me - OR - L proved to me on the baSIS of satisfictory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ack- knowledge to me that he/she/they authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. ~~.A.. A. .A...A..A...A..~.A..-.A....A.. ""e4,r~ T . f O. ,::&'\ onl M. Rovella - m -~-"""". C-~:'TI'" '~'"1 ~ .....~r.,,.,,-.:_ ',__ - "."..",. (">, ~ \~~~~-::~:(c- >;.'112-:.,.' , t '/.L:-1 ~ -; ,J. I. / ~ ,+ . j ~__';;.1 C~,~.;~ L-'. i-" ..' : ........ ......,. """"-"'y'"" .........----/--~~~<:.:.._"T-\ Witne_s~ my hand and otlicial s~al, <:.:::"JI:Tb; /)). ~APL-- ACKNOWLEDGMENT State of California County of Santa Clara ,,\ \ /....- \ (... r"o ':fJ -(I r " -:" \r ~.' C 'I r: I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~l Q EMLV MARlESUUNAN ... COMM. # 1051:m ~ I -&. Notcry P\bIIc - CalfomIa >> CONTRA COSTA COUNiV ... J ~ ~ ~ ~Mt~~'e;-:~l~.l~~f - , ~. .\ t.n, '. I ,~I"IV ~L' <- ~;,.l ;-"\?"l ,_,J On :-r'i II (( a "1 ! i) ill (~ before me~ Robert Jeffrey Martin, ~ersonally kriown to me - OR - ~ proved to me on the basis of satisfactory evidence to be the perso?t(-s) whose name'tti) is/are- subscribed to the within instrument and ack- knowledge to me that he/she/they authorized capacitytles.), and that by his/her/tfteir signaturefs,) on the instrument the personts) or the entity upon behalf of which the person('s) acted, executed the instrument. Witness my hand and official seal. J-ll~/jJl() In I ,...- I / ,v(/. . (/ , . ) 1 J'\.-/ ACKNOWLEDGl\lENT State of California County of Santa Clara ~'I I ./J. I ~. r) ~ /-,., --rbN;" (n, t<:OY6/J/i NtJ-IAl2i( /ti41 t . OnJj)JJ c{';J /171 before me, Pamela S Martin,feJES.1jU)q Li~./ .r9/1tOt:'A ~&. ~~rsonally k~own to me - OR - ~roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instnnnent and ack- knowledge to me that he/she/they authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witne~s. my hand and otlicial seal. ~ \. ~'. fi . ~'_ _ .. / ~- h;L /1), ~ /"'/ .. '--, /' 1/ <._. / 1 -C-<./ ~..--/_,/ C'.:<___/ I - I I ACKNO\VLEDGMENT State of California County of Contra Costa I~~~~~~~~~~I @:EMilYFlAk'IE<;UU'VAN '-1 . .' C(''e1'i. ; IS.~: ,',.'2 I -.., ,... .L."... ,..... Notary t ....,.... - '. ,.,1'" . CONTRA COST.\"OUNIY .. J Mo.' COol)"'! I, Ex;:..[e..j,.\II 17.1'" I ---............................................~ ........................ '.1 \ . . \.. r, ,1 '- (" r ~/ ::. \ r, \ 1 : ( r , l'. ' -\ j; ,~, ( I' t On,..t, i I U /: ,(, J 5' '71? before ml Edward L M~rti~, ~rsonally~kRo~n to me - OR - ~ 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 ack- knowledge to me that he/she/they authorized capacityti~s), and that by his/Iter/their signature(~) on the instrument the person('1i) or the entity upon behalf of which the person{s) acted, executed the instrument. \' ,I \_/ , '\ _( f'~. 1\ ' Witness my hand and official seal. .:.: /I /( &,l J ];, It',. , .I ('" Ii. (tiff .,/ ACKNOWLEDGIVIENT State of California County of San Mateo "'.f'f'l ,. (~L' te,,- 'l. L u;; 1"'1 0C11'-{i..'-' c.,\.. r-.>'-' C / V'f- e' .:. 'l--V"\ .L i On I _ i L- --....':11 before me;Michael L Martin, LPersonally known to me - OR - _ proved to me on the basis of satisfactory evidence to be the person(){) whose name~) is/are subscribed to the within instrument and ack- knowledge to me that he/she/they authorized capacity(~, and that by his/herh~r' signature(~ on the instrument the person(t;) or the entity upon behalf of which the person(&;) acted, executed the instrument. 'i--................... -"'- -- ......................../'o,..""'-.;................../\.. p~ RENEE LEWIS 1 ~ ' Comm 11021280 ~ ~ -0 . NOT""., PUBUC CAUFo-J:) .:; SAIl MIl TEO COUNT.,''""\) L CMvll ~ApIIL 1_ ... '-...................."'"_...............,.-------~ Witness my hand and official seal. ',,- +-=- ' ..' -r- AGREEMENT FOR SANITARY SEWER SERVICE EXHIBIT "A" The land referred to herein is situated in the State of California, County of Santa Clara, and is described as follows: Lots 1-13, inclusive, and 15,16, Tract 6710, filed April 25, 1980, Map Book 462, Page 39, Santa Clara County Records. Excepting therefrom, Parcel A, Designated as "well and tank site", Tract 6710, filed April 25, 1980, Map Book 462, Page 39, as granted to Valley View Mutual Water Company Inc., Recorded November 21, 1981, Book G444 Oflicial Records, Page 575, Santa Clara County Records. APN #'s 783-31-1 through 10 and 12, 13, 15, 16 17