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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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AGREEMENT <br />NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of <br />which are hereby acknowledged, the Parties hereby agree as follows: <br />1. The Sanitary Sewer Extension as shown on Exhibit A shall be dedicated to the Town <br />as public sanitary sewer facility in the Town's right of way and Property Owners shall deliver to <br />the Town an irrevocable offer of dedication substantially in the same form set forth on Exhibit C <br />attached hereto ("IOD") offering the Sanitary Sewer Extension to the Town. The IOD shall be <br />recorded with the Santa Clara County Recorder's Office. <br />2. The Town will collect the Usage Fee for each Future User as indicated in Exhibit <br />B upon a request by a Future User to connect to the Sanitary Sewer Extension ("Connection <br />Request"), or upon notice to a Future User that it is subject to a Town requirement that the <br />Future User connect to the Sanitary Sewer Extension ("Connection Requirement Notice"). The <br />Town shall be entitled to collect the Usage Fee at any time after a Connection Request or <br />Connection Requirement Notice, and prior to a hook-up by a Future User to the Sanitary Sewer <br />Extension. <br />3. All Usage Fees collected from Future Users shall include a separate <br />administrative fee equal to five percent (5%) of the Usage Fee amount, as that amount is <br />adjusted annually based on CCCI, to pay the costs incurred by the Town in connection with <br />the administration of this Agreement ("Administrative Fee"), and shall be remitted to the Town. <br />4. Within sixty (60) days of the end of each year during the term of this Agreement as <br />set forth under Paragraph 9 below, the Town shall pay to Property Owners any and all funds <br />collected pursuant to Paragraph 1 above, less the Administrative Fee by separate checks or <br />other forms of payment based on the percentages calculated below. If payment is made by check, <br />the Town shall make the checks payable to and shall send such checks to the names and <br />addresses for each Property Owner, as provided in the following table. <br />Name & Address <br />Percentage of F <br />to be Paid <br />Sotiria Trembois <br />10440 Albertsworth Lane, Los Altos Hills, CA 94022 <br />56% <br />Whitney Kladde 2013 Joint Trust dated 6/21/2013 <br />10455 Albertsworth Lane, Los Altos Hills, CA 94022 <br />22% <br />Lucile E. Leonard Revocable Trust dated 11/25/2019 <br />10465 Albertsworth Lane, Los Altos Hills, CA 94022 <br />22% <br />TOTAL: 100° <br />Resolution 52-21 Page 4 <br />
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