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52-21
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Last modified
7/29/2021 2:21:49 PM
Creation date
7/27/2021 11:08:20 AM
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Resolutions
Number
52-21
Date
07/22/2021
Description
Accepting the Magdalena-Albertsworth Sanitary Sewer Main Extension Project and Approving a Sanitary Sewer Dedication and Reimbursement Agreement Between the Town of Los Altos Hills and Sotiria Trembois, Donna Whitney, and Don J. Leonard
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SANITARY SEWER DEDICATION AND REIMBURSEMENT <br />AGREEMENT <br />This Sanitary Sewer Reimbursement Agreement ("Agreement") is entered into this day of <br />2021, by and between the Town of Los Altos Hills, a municipal corporation of the <br />State of California ("Town") and Sotiria Trembois, the Whitney Kladde 2013 Joint Trust dated <br />6/21/2013, and the Lucile E. Leonard Revocable Trust dated 11/25/2019 (collectively, "Property <br />Owners"). The Town and Property Owners are also referenced herein individually as "Parry" and <br />collectively as "Parties." <br />RECITALS <br />A. Property Owners constructed a sanitary sewer extension commonly known as the <br />Magdalena-Albertsworth Sanitary Sewer Main Extension within the Town's public right of way <br />as more particularly shown on Exhibit A, attached hereto ("Sanitary Sewer Extension"). <br />B. Section 6-4.503 of the Town's Municipal Code and the Town's Sanitary Sewer <br />Reimbursement Policy dated June 7, 2001 permit the Town to enter into a reimbursement <br />agreement with property owners so that the property owners may be reimbursed for the <br />responsible portion of the costs of a sanitary sewer extension by future users of the extension as <br />set forth in Exhibit B attached hereto. <br />C. After due consideration of all relevant factors such as the location and nature <br />of the Sanitary Sewer Extension, the area to be served by the Sanitary Sewer Extension, the <br />developable areas potentially served by the Sanitary Sewer Extension and the residential unit <br />flow of sewage, the City Engineer has found and determined, after proper application by <br />Property Owner, that the Sanitary Sewer Extension will benefit not only the lands of Property <br />Owner, but also other lands which may be served by the Sanitary Sewer Extension at a future <br />date ("Benefiting Lands"). The Benefiting Lands are more particularly set forth in Exhibit B. <br />The current and future owners of Benefiting Lands who later request a hook-up to the <br />Sanitary Sewer Extension, or who are required by the Town to connect to the Sanitary Sewer <br />Extension, shall be hereinafter collectively referred to as "Future Users". <br />D. The Sanitary Sewer Extension is to be dedicated to the Town as public facility in <br />the public right of way. <br />E. The Town and Property Owners now desire to provide for reimbursement to <br />Property Owners by each Future User for that Future User's pro -rata share of Sanitary Sewer <br />Extension costs ("Usage Fee") as shown in Exhibit B, attached hereto. The Town and Property <br />owners acknowledge that the total amount that the Property owners may be reimbursed for the <br />Sanitary Sewer Extension is an amount totaling one hundred sixty-one thousand five hundred and <br />thi -eight dollars ($161,538) ("usage fee"), subject to annual California Construction Cost Index <br />("CCCI") adjustments as set forth in Exhibit B. <br />Resolution 52-21 Page 3 <br />
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