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46-21
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46-21
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Last modified
7/29/2021 2:18:45 PM
Creation date
7/27/2021 11:30:43 AM
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Resolutions
Number
46-21
Date
07/22/2021
Description
Accepting the Sunhills Drive Sanitary Sewer Main Extension Project and Approving A Sanitary Sewer Dedication and Reimbursement Agreement Between the Town of Los Altos Hills and Jody Akana and Julien Plougastel
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8. In the event of a dispute between any Future User and the Town with respect <br />to the payment of the Usage Fee, the Town may, at its option, take any appropriate action <br />against such Future User to collect the Usage Fee. It is agreed that no Future User shall be <br />allowed to connect to the Sanitary Sewer Extension prior to payment in full of the Usage <br />Fee as specified in Exhibit B during the term of this Agreement. <br />9. Property Owners and its agents, successors and assigns shall hold harmless the <br />Town for any failure by the Town to collect the Usage Fee from any Future User, and nothing in <br />this Agreement shall be construed as imposing any obligation upon the General Fund of the <br />Town and payments shall be made to Property Owners only to the extent funds are <br />actually received and collected by the Town pursuant to this Agreement. <br />10. This Agreement, and the obligations of the Town hereunder, whether or not all of <br />the Reimbursement Amount or any portion thereof has been collected and remitted to Property <br />Owners or its agents hereunder, shall terminate on the twenty-fifth (25th) anniversary of the <br />date of this Agreement. <br />11. Prior to execution of this Agreement by the Town, the Property Owners shall pay <br />all legal fees and costs incurred by the Town in connection with preparing this <br />Agreement. <br />12. This Agreement shall be binding upon the successors, heirs and assigns of the <br />parties hereto, but Property Owners shall not assign or transfer any of its rights under this <br />Agreement without the prior written consent of the Town, which consent shall not be <br />unreasonably withheld. <br />13. The parties may amend this Agreement only by a writing signed by all the parties. <br />14. The Exhibits attached hereto are hereby incorporated into this Agreement by this <br />reference. <br />15. All negotiations and agreements previously made by the parties and their agents <br />with respect to this transaction are merged into this Agreement which completely sets forth the <br />obligations of the parties. <br />16. Both parties to this Agreement have had the opportunity to be advised by and to <br />have this Agreement reviewed by legal counsel of their choosing. <br />The parties hereto have executed this Agreement effective as of the date written above. <br />[Signatures on the following page] <br />Resolution 46-21 Page 5 <br />
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