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HomeMy WebLinkAbout02-06 • • 2-06 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACT ON BEHALF OF THE TOWN OF LOS ALTOS HILLS IN ENTERING INTO AN AGREEMENT WITH THE CITY OF LOS ALTOS FOR AN ADDITIONAL TWENTY-FIVE RESIDENTIAL SEWER CONNECTIONS BE IT RESOLVED by the City Council of the Town of Los Altos Hills that City Manager is hereby authorized and directed to act on behalf of the Town of Los Altos Hills to accept and execute an agreement with City of Los Altos for an additional twenty-five residential sewer connections. Passed and adopted on this II/ day of 2006. By: / / - f ayor ATTEST: `City C 41, • • AGREEMENT BETWEEN THE CITY OF LOS ALTOS AND THE TOWN OF LOS ALTOS HILLS FOR ADDITIONAL RESIDENTIAL SEWER CONNECTIONS This agreement ("Agreement") is made and entered into this /5 day of Fiirwai 2006 by and between the CITY OF LOS ALTOS,hereinafter called"CITY," and the TOWN OF LOS ALTOS HILLS, hereinafter called "TOWN". RECITALS A. CITY and TOWN are parties to agreements ("the Original Agreements") dated on or about July 11, 1961, and amended on March 26, 1985, and on June 24, 1993,which,in part,provides for the transportation, treatment, and disposal of sewage emanating from the portion of the TOWN know as the"LOS ALTOS BASIN." The agreements allow the TOWN up to 1,100 residential sewer connections or"capacity rights." B. TOWN residents acquired all 1,100 capacity rights under the Original Agreements. It was mutually agreed that for each single family residential connection, a per connection flow rate of 300 gallons per day would be used in determining the volume of sewage generated in the portion of TOWN in the LOS ALTOS BASIN. C. On March 13, 2001, as an interim measure, CITY allowed TOWN to authorize up to 1,225 capacity rights to allow 125 additional sewer connections prior to executing a new agreement. This,in effect, lifted a moratorium on new sewer connections in TOWN. TOWN agreed to accept responsibility for the additional capacity rights acquired in the TOWN. D. While all 1225 capacity rights have been purchased, only approximately 842 connections within TOWN have been approved to date. The remaining capacity rights have not been used. E. CITY has purchased capacity at the Palo Alto Regional Water Quality Control Plant, hereinafter called"PARWQCP" and has constructed a sanitary sewer system within CITY, and a trunk main from CITY to a flow metering station located at or near the former Los Altos sewage treatment plant property at 1275 North San Antonio Road,Los Altos, CA. NOW,THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Effect of Agreement. This Agreement is intended to provide TOWN with additional sanitary sewer connections during the time while the two parties are negotiating a new sanitary sewer transportation and treatment agreement and does not supersede any prior agreements or provide the TOWN with any additional rights to sewer capacity in the Los Altos Basin above the 1,100 connections authorized in previous agreements. All previous joint sanitary sewerage system maintenance and operations agreements and amendments thereto that have been entered into between the parties shall remain in full force and effect. 1 • • 2. Interim Additional Connections. TOWN shall be allowed twenty-five (25) additional residential sanitary sewer connections (for a total of 1,250 connections) (hereinafter "25 Connections"). TOWN shall notify CITY in writing the location of each of the 25 Connection upon approval by TOWN. Notification shall include the property owner's name(s), street address, date of connection, and assessors parcel number of the lot being connected to the TOWN's sanitary sewer system. 3. TOWN Capacity Rights and Permits. TOWN shall be responsible for administration of permits and capacity rights for the 25 Connections. TOWN shall collect and retain all appropriate permit fees, capacity fees, and any other fees charged by TOWN for the 25 Connections. TOWN shall hold CITY harmless for all permits and capacity rights issued and fees collected in connection with the 25 Connections. No new or additional capacity rights will be vested in TOWN as a result of this Agreement. 4. Payment for Transportation,Treatment, and Maintenance. TOWN shall reimburse CITY for all costs associated with transportation and treatment of sewage, and maintenance of TOWN's sewer collection system associated with the 25 Connections provided herein in accordance with all terms and conditions provided in the agreements dated on or about July 11, 1961, and amended on March 26, 1985, and on June 24, 1993. 5. Limited Rights. Except as expressly provided herein, nothing contained in this agreement shall be deemed to give CITY or TOWN any ownership rights or any other right, title or interest in or to the other party's sanitary sewer system, or any part thereof. 6. Insurance. CITY and TOWN shall, at its own expense, maintain a program of self-insurance. CITY and TOWN shall be named as an additional insured. 7. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between CITY and TOWN pursuant to Government Code section 895.6, CITY and TOWN agree that all losses or liabilities incurred by CITY or TOWN shall not be shared pro rata but instead CITY and TOWN agree that pursuant to Government Code Section 895.4, CITY and TOWN shall fully indemnify and hold each other,its officers,board members, employees and agents,harmless from any claim, expense or cost, damage or liability imposed for injury (as defined byGovernment Code Section 810.8) occurringbyreason of the negligent acts or omissions or willful misconduct of CITY or TOWN,its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. CITY or TOWN, or any officer, board, member, employee or agent thereof, shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of CITY or TOWN,its officers,board members, employees or agents,under or `"' in connection with or arising out of any work authority or jurisdiction delegated to each other under this Agreement. 8. Termination. This Agreement shall commence upon execution and shall terminate when the 25 Connections have been made to the TOWN's sanitary sewer system, or when a new agreement is executed between the two parties that supersedes the agreements dated on or about July 11, 1961, and amended on March 26, 1985, and on June 24, 1993,whichever comes first. 2 • • 9. Notices. Any notices to be given under this Agreement by either party to the other shall be in writing and may be effected either by personal delivery or by mail,registered or certified,postage prepaid with return receipt requested. Mailed notices shall be addressed as follows: CITY: City Manager City of Los Altos One North San Antonio Road Los Altos, CA 94022 TOWN: Town Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 10. Partial invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 11. Binding. This Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, assigns and successors-in-interest to the parties hereto. 12. No implied waivers. The failure of either party at any time to require performance by the other party of any provisions hereof shall not affect in any way the full right to require such performance at any time thereafter. Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 13. Applicable law and forum. This Agreement shall be construed and interpreted according to the laws of the State of California in any action to enforce the terms of this Agreement or for the breach thereof, and shall be brought and tried in the County of Santa Clara, California. 14. Construction. To the fullest extent allowed by law, the provisions of this Agreement shall be construed and given effect in the manner that avoids any violation of statute, ordinance, regulation or law. 15. Integration. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by CITY for TOWN, and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations,inducements,promises or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party,which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only if it is in writing, signed by the party to be charged. 3 r - • IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the date first written above. CITY OF LOS ALTOS: TOWN OF LOS ALTOS HILLS APPROVED AS TO CONTENT: APPROVED AS TO CON f NT: ublic orks Director Pu lic Works P ector ROVED AS TO FORM: APPROV t AS TO FORM: City Attorney City Attorney AG'4 ED ! AGREED / City Manager City Manager 4