46-21 - Laserfiche WebLink

Home Browse Search

AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. The Sanitary Sewer Extension as shown on Exhibit A shall be dedicated to the Town as public sanitary sewer facility in the Town's right of way and Property Owners shall deliver to the Town an irrevocable offer of dedication substantially in the same form set forth on Exhibit attached hereto ("IOD") offering the Sanitary Sewer Extension to the Town. The IOD shall be recorded with the Santa Clara County Recorder's Office. Consistent with the encroachment permit issued for this project, Property Owners shall also file with the Town a two (2) year warranty bond or equivalent security in a form and in a commercially reasonable amount, and with a surety reasonably acceptable to Town, to warrant the Sanitary Sewer Extension against any defective work or labor done or defective materials furnished following the Sanitary Sewer Extension being accepted by the Los Altos Hills City Council. 2. The Town will collect the Usage Fee for each Future User as indicated in Exhibit B upon a request by a Future User to connect to the Sanitary Sewer Extension ("Connection Request"), or upon notice to a Future User that it is subject to a Town requirement that the Future User connect to the Sanitary Sewer Extension ("Connection Requirement Notice"), The Town shall be entitled to collect the Usage Fee at any time after a Connection Request or Connection Requirement Notice, and prior to a hook-up by a Future User to the Sanitary Sewer Extension. 3. All Usage Fees collected from Future Users shall include a separate administrative fee equal to five percent (5%) of the Usage Fee amount, as that amount is adjusted annually based on CCCI, to pay the costs incurred by the Town in connection with the administration of this Agreement ("Administrative Fee"), and shall be remitted to the Town. 4. Within sixty (60) days of the end of each year during the term of this Agreement as set forth under Paragraph 9 below, the Town shall pay to Property Owners any and all funds collected pursuant to Paragraph 1 above, less the Administrative Fee. The Town shall make the check payable to Jody Altana and Julien Plou astel and shall send such check to Property Owners at 10450 Kenbar Road, Los Altos Hills CA 94022 5. Property Owners and their successors and assigns agree to indemnify and hold harmless the Town from any liability, claims, costs or expenses incurred by the Town in connection with any claim by any person or entity with respect to this Agreement, the associated costs or the Usage Fees. 6. All regulations and applicable ordinances of the Town shall apply to this Agreement and to the performances hereunder. 7. If by decision of a court of competent jurisdiction or by California law it shall be declared or become unlawful or unconstitutional to require Future Users to reimburse Property Owners for the Sanitary Sewer Extension, then (a) the Town's obligations to collect and account for any further Usage Fee(s) shall automatically terminate; and (b) Property Owners and their successors or assigns shall indemnify and hold harmless the Town from any claims or liability to Future Users for the legally required return of any Usage Fee. Resolution 46-21 Page 4