65-02 - Laserfiche WebLink

Home Browse Search

• • G. The final Project Costs have been determined, the list of Future Users has been reviewed and approved by Town Staff and construction of the Sanitary Sewer Extension has been accepted by the Town. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Request for Hook-Up to Sanitary Sewer Extension. The Town will collect the Usage Fee for each Future User as indicated in Exhibit C upon a request or a Town requirement for hook-up to the Sanitary Sewer Extension by each Future User within the Reimbursement Agreement Service Area. After such request or Town requirement, the Town shall be entitled to collect the Usage Fee at any time prior to the hook up by such Future User to the Sanitary Sewer Extension. In the event a lot in the Reimbursement Agreement Service Area is subsequently subdivided, each subsequent lot shall pay a prorated share of the original Usage Fee allocated to the lot prior to the subdivision(s). Upon collection of the Usage Fee from each Future User, the Town shall deduct an administrative fee of five percent (5%) from the Usage Fee in accordance with Paragraph 8 (Administrative Fee) of this Agreement. 2. Distribution of Collected Usage Fees. On December 31st of each year for which this Agreement is in effect, the Town shall pay Property Owners' designee, Peggy Rutner, 10632 Magdalena Ave., Los Altos Hills, CA 94024, any and all funds collected pursuant to Paragraph 1 (Request for Hook-Up to Sanitary Sewer Extension), less a five percent(5%)administrative fee, more particularly described in Paragraph 8(Administrative Fee). The Town shall make the check payable to Peggy Rutner and shall send such check to 10632 Magdalena Avenue, Los Altos Hills, CA 94024. The Town shall not be responsible for dealing directly with any other Property Owner. 3. Applicable Regulations. All regulations and ordinances of the Town shall apply to this Agreement and to the performances hereunder. 4. Legality of Agreement. 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 this Agreement shall automatically terminate and Property Owners and their agents shall indemnify and hold the Town harmless from any claims or liability to Future Users who have paid the Usage Fee for the Sanitary Sewer Extension. 5. Disputes. In the event of a dispute between any Future User and the Town with respect to the payment of the Usage Fee, the Town may, at its option, take any appropriate action against such Future User to collect the Usage Fee; provided, however, Property Owners acknowledge that the Town is under no obligation to take any action whatsoever against such Future User to collect the Usage Fee. 2 N:\DATA\Clients\L\LAH\Projects\Magdalena\Sewer2.agm.wpd