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• 411 <br /> is an amount totaling Twelve Thousand One Hundred Twenty Dollars ($12,120.00) <br /> ("Project Costs"), less Town administrative fees as set forth in Paragraph 9 <br /> (Administrative Fee). <br /> G. The final Project Costs have been determined,the list of Future Users has <br /> been reviewed and approved by Town Staff and construction of the Sanitary Sewer <br /> Extension was accepted by the Town. <br /> AGREEMENT <br /> NOW, THEREFORE, for good and valuable consideration, the receipt of which <br /> is hereby acknowledged, the parties hereby agree as follows: <br /> 1. Request for Hook-Up to Sanitary Sewer Extension. The Town will collect <br /> the Usage Fee for each Future User as indicated in Exhibit B upon a request or a Town <br /> requirement for hook-up to the Sanitary Sewer Extension by each Future User within <br /> the Reimbursement Agreement Service Area. After such request or Town requirement, <br /> the Town shall be entitled to collect the Usage Fee at any time prior to the hook up by <br /> such Future User to the Sanitary Sewer Extension. In the event a lot in the <br /> Reimbursement Agreement Service Area is subsequently subdivided, each subsequent <br /> lot shall pay a prorated share of the original Usage Fee allocated to the lot prior to the <br /> subdivision(s). Upon collection of the Usage Fee from each Future User, the Town <br /> shall deduct an administrative fee of five percent (5%) from the Usage Fee in <br /> accordance with Paragraph 9 (Administrative Fee) of this Agreement. <br /> 2. Distribution of Collected Usage Fees. On December 31st of each year for <br /> which this Agreement is in effect, the Town shall pay Property Owner any and all funds <br /> collected pursuant to Paragraph 1 (Request for Hook-Up to.Sanitary Sewer Extension), <br /> less a five percent (5%) administrative fee, more particularly described in Paragraph 9 <br /> (Administrative Fee). The Town shall make the check payable to Eugene Shao and <br /> shall send such check to Property Owner at 25680 Elena Road, Los Altos Hills, CA <br /> 94022. <br /> 3. Applicable Regulations. All regulations and ordinances of the Town shall <br /> apply to this Agreement and to the performances hereunder. <br /> 4. Legality of Agreement. If by decision of a court of competent jurisdiction <br /> or by California law it shall be declared or become unlawful or unconstitutional to <br /> require Future Users to reimburse Property Owner for the Sanitary Sewer Extension, <br /> then this Agreement shall automatically terminate and Property Owner and its agents <br /> shall indemnify and hold the Town harmless from any claims or liability to Future Users <br /> who have paid the Usage Fee for the Sanitary Sewer Extension. <br /> 2 N:\DATA\Clients\L\LAH\Projects\Shao\Sewer.agm.wpd <br />