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Home My WebLink About04-03 • • RESOLUTION NO. 4-03 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND PROPERTY OWNER AT 23270 MORA HEIGHTS WAY WHEREAS, the City Council of the Town of Los Altos Hills has read and considered the Mora Heights Way Sewer Project Sanitary Sewer Extension Agreement ("Agreement")between the Town and property owner at 23270 Mora Heights Way in an unincorporated pocket of the County of Santa Clara ("Property Owner"). John °D D. Rusher NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. Public interest and convenience require the Town of Los Altos Hills to enter into the agreement described above. 2. The Town of Los Altos Hills hereby approves the Agreement and the Mayor is hereby authorized on behalf of the Town to execute the Agreement between the Town of Los Altos Hills and Property Owner. ®®. PASSED AND ADOPTED this Uo day of A ; . , 003. V ' / By: Mayor 1 A ST: City Cler ii r *Original has been modified at the request of the 'Santa Clara County Recorder to include the name of the property owner- John D. Husher. Karen •st • City Clerk (• Attachment A to Resolution 4-03 DOCUMENT: 16773396 Titles 1 / Pages 7 Fees xesI . .. . 25..00 1111111111110\11\,. . . . RECORDING REQUESTED BY: _ es Town of Los Altos Hills 14°167i31399AMT PAID 0 No fee for recording. (Gov.Code,§27383) AND WHEN RECORDED MAIL TO: BRENDA DAV I S RDE # 006 Los Altos Town Hall SANTA CLARA COUNTY RECORDER 1/24/2003 26739 Fremont Road Recorded at the request of 3 13 PM LosOwner Altos Hills, CA 94022 -- - " SPACE ABOVE FOR RECORDER'S USE ONLY MORA HEIGHTS WAY SEWER PROJECT SANITARY SEWER EXTENSION AGREEMENT • This Mora Heights Way Sewer ,rQject Sanitary Sewer Extension Agreement ("Agreement") is entered into this I6p nday of January 2003 between the Town of Los Altos Hills, a municipal corporation of the State of California ("Town") and".John D Husher ("Property Owner"), the owner of 23270 Mora Heights Way ("the Property.'_'.),..in an unincorporated pocket of the County of Santa Clara. The parties to this Agreement,.as follows: ARTICLE 1. GENERAL 1.01 Sanitary Sewer Extension Property Owner, who owns property in an unincorporated area of the County of Santa Clara and within.the sphere of influence and urban service area of the Town, is in the process of planning an extension of a sanitary sewer main and appurtenances to be installed within Mora Heights Way and more particularly as- shown in the Mora Heights Way Sewer Project ("MHWSP") General Area Map attached hereto as Exhibit A ("Extension"). %•.rs ;i 1.02.` Sewer Service The purpose of this Agreement is for the Town to provide for public sewerservice to Property Owner pursuant to the. SEWER AGREEMENT BETWEEN THE , CITY OF LOS ALTOS AND THE CITY OF THE TOWN OF LOS ALTOS HILLS ("Master Agreement") adopted March 26, 1985, and the FIRST AMENDMENT TO THE AGREEMENT adopted by the Town of Los Altos Hills " Resolution No. 26-93 on April 7; 1993, which are attached hereto as'Exhibit B and Exhibit C. Town shall provide public sewer services to Property rOwner ip.. accordance with the Master Agreement as if Property Owner were situatedwitlun. the city limits of Town. All references in the Master Agreement referring`to Town and Town residence will apply equally and fully to the .Property Property Owner. .L. • • Mora Heights Way Sewer Extension Agreement Page 2 of 6 1.03 Ownership of Sewer Extension Upon completion of the Extension in accordance with Town Standards, and its acceptance by Town and the granting of easements to the Town from the County for the Extension,Town will assume ownership of the sewer main, appurtenances, laterals and manholes in the public right of way and assume responsibility for the maintenance, repair and insurance of same under the terms of the Master Agreement. 1.04 Waiver of Annexation Protest Rights Property Owner, for himself and on behalf of his successors, heirs and assigns, agrees not to oppose annexation should the Town, LAFCO,.or the County initiate annexation proceedings. Property Owner, for himself and on behalf of his successors, heirs and assigns, hereby waives protest rights in the event that annexation is proposed for the area. This Agreement is intended to and shall run with the land. This Agreement shall be recorded. 1.05 Other Property Owners Other Property Owners ("Others") on or adjacent to Mora Heights Way and its vicinity will only be entitled to connect to any portion of the Extension at a later date, if as long as such Others comply with all applicable state statutes and ordinances, rules, and regulations of the Town, the City of Los Altos ("City"), the County of Santa Clara, and the County of Santa Clara Local Agency Formation Commission ("LAFCO"), including any applicable requirements regarding out- of-agency service agreements. 1.06 Effective Date and Validity The effective date ("Effective Date") of this Agreement shall be the date set forth above. The terms of this Agreement shall not become operative until such time as the extension of services described in this agreement are approved by LAFCO. This Agreement shall become null and void if not approved by LAFCO within one year of the Effective Date. ARTICLE 2. SEWER SERVICE 2.01 Installation of Sewer Extension and Appurtenances Property Owner is responsible for the installation of the Extension including design, bidding and construction and acquisition of encroachment permit in accordance with local, state and federal requirements. Prior to awarding a construction contract, Property Owner will place in an escrow account sufficient funds to pay the contractor, including a 10% contingency amount. • Mora Heights Way Sewer Extension Agreement Page 3 of 6 2.02 Inspection and Acceptance of Sewer Extension and Appurtenances Town will have the primary responsibility for the inspection and acceptance of the Mora Heights Way Sewer Project Sanitary Sewer Extension. Inspection and acceptance will follow the criteria outlined in the Master Agreement. 2.03 Sewer Fees, Plan Checking, Permits a. Property Owner will pay for the construction of a sewer main on and in public rights of way and will pay fees in advance to applicable responsible agency for reviewing construction plans and related documents consistent with all applicable agency requirements. b. Property Owner upon connecting to the Extension will advise the Town in advance and pay to the City of Los Altos ("City") a capacity rights fee and connection fee. as set forth in the Master Agreement, and other fees as applicable. 2.04 Reimbursements Property-Owner will provide the initial funding to pay for the entire cost of the Extension. Property Owner shall subsequently receive reimbursement in accordance with the provisions of the. Town's Municipal Code and the reimbursement agreementreferenced in 1.04 above from any and all future users of the Extension ("Others"), regardless of the connection site along the entire length of the Extension. Consistent with existing practices, collection of reimbursement monies paid by Others will be made by Town. to the MDSP or designated distribution agent'by one check on December 315` of each calendar year. Distribution to Property Owner shall remain unchanged at such time that the area is annexed to Town. 2.05 Administration Administration of sewer service will be provided by the Town as set forth in the Master Agreement and shall include the collection of reimbursements and fees in accordance with the provisions of the Town's Municipal Code and the Reimbursement Agreement. 2.06 Annual Sewer Service Charges . City will calculate and process the annual 'Sewer Service Charge for individual parcels in conformance with the Master Agreement. This fee shall be paid through the County Tax-Roll and 'secured by a lien against each property (authorized by Section 5471 of the California Health and Safety Code). Property Owner hereby consents to such charges and liens. •i Mora Heights Way Sewer Extension Agreement Page 4 of 6 2.07 Maintenance and Repairs Except as otherwise set forth in the Master Agreement, Property Owner will be responsible for maintenance and repair of the sewer lateral pipes and connections within the Property. 2.08 Sewer Main Connection The Extension will provide sewer service to the Property Owners as shown on Exhibit A and will connect to an existing public sewer line at Eastbrook Avenue. 2.09 Indemnity—Hold Harmless Property Owner agrees to indemnify, defend and hold harmless Town and its elective or appointive Boards, officers, agents and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney's fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by Property Owner, Property Owner's agents, officers, employees, subcontractors, or independent contractors hired by Property Owner. Property Owner shall take out and maintain insurance with a minimum limit of one million dollars that specifically covers the provisions of this paragraph 2.09 and names the Town as an additional insured from the start of construction to acceptance of the Extension by Town. ARTICLE 3. MISCELLANEOUS PROVISIONS 3.01 Town Ordinances All applicable regulations and ordinances of Town and the Master Agreement set out in Exhibit B and Exhibit C shall apply to this Agreement and to the performances hereunder. 3.02 Town Costs Prior to execution of the Agreement by Town, Property Owners shall pay all applicable fees and costs including any legal fees incurred by the Town in connection with preparation and execution of this Agreement. 3.03 Assignment This Agreement shall be binding upon the successors, heirs and assigns of the parties hereto. Mora Heights Way Sewer Extension Agreement Page 5 of 6 3.04 California Law This Agreement shall be governed by the laws of the State of California. 3.05 Arbitration Any dispute between the parties to this Agreement concerning any of its provisions and/or interpretation of its terms shall be resolved by arbitration in accordance with the provisions of the Santa Clara County Bar Association ADR program. 3.06 Attorneys' Fees In the event of any dispute concerning the terms and provisions of its Agreement, the prevailing party shall be entitled to its reasonable costs and attorneys' fees resulting from any arbitration in enforcing the terms and provisions of this Agreement. 3.07 Notice Notice under this Agreement shall be deemed effective upon the deposit in first class main,postage prepaid and addressed to the parties as follows: Town of Los Altos Hills, c/o of City Clerk,Los Altos Town Hall, 26739 Fremont Road, Los Altos Hills, CA 94022; Property Owner, 23270 Mora Heights Way,Los Altos, CA 94024 3.08 Exhibits All exhibits to which reference is made in this Agreement are incorporated in this Agreement by the respective reference to them, whether or not they are actually attached. 3.09 Termination In the event that Property Owner is unwilling or unable to proceed with the Extension,Property Owner may terminate this Agreement by giving notice to the Town pursuant to 3.07 above, which said notice shall be recorded. 3.10 Condition for Recording This Agreement will not be recorded until LAFCO approves this Out-of Agency Service Agreement for this Extension. Recording data is set out in Exhibit D incorporated by this reference. S (�! Mora Heights Way Sewer Extension Agreement Page 6 of 6 TOWN OF LOS ALTOS HILLS PROPERTY OWNER Mayor n D. Husher ATTEST: City Clerk APPROVED AS TO FORM: City Atto ' y EXHIBITS: A. Mora Heights Way General Vicinity Map B. Sewer Agreement Between the City of Los Altos and the Town of Los Altos Hills (1985) C. First Amendment to the Sewer Agreement Between the City of Los Altos and the Town of Los Altos Hills (1993) D. Recording Data CALIFORNIA ALL-PURPO�E ACKNOWLEDGMENT v .-< • .<r •.<�•�<�. •/IT\,� •.- •.-•.•• .�,.Q.�, • A t: k State of CALIFORNIA a :4 ' County of SANTA CLARA e• ow,'" 1 • 1 On _.)– _. Jlta..t. ‘_,)-cDd_ before me, DOUG ' . SHON (NOTARY PUBLIC) , 's Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public') personally appeared �® � I). /f Lis �--1 _ , y N (s)of Signers) ❑personally known to me–OR– roved to me on the basis of satisfactory evidence to be the person 's, 7 whose name is/fe subscribed to the within instrument p' and acknowledged to me that he/she/they executed the same in his/tier/their authorized capacityps),and that by his/bar/their signatureon the instr ment the parson �' p, , 0 A . `` or the entity uponberhalf of which the person('acfed, a0U6 1 executed the instrument. ,`Z, CommbUbn D 1360701 , ( 44,--4,1471 Notary Pubic--WON/ 1 WITNESS my hand and official seal. , ` Santa Cfar'a . �-..'''s ; �i ~ - ---• - OPTIONAL ,$' I• Though the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent [te fraudulent removal and reattachment of this form to another document. ''l It. Description of Attached Document C � S � � � ► ot Ft t-:-(61c s P I. Title or Type of Document/r c6-4A) �r-(e__ &c.--cet,5t o Ai 4-6 p £' f Document Date: ` Number of Pages:��X_ CO Signer(s) Other Than Named Above: • Capacity(les) Claimed by Signer(s) '9' e Signer's Name: Signer's Name: 'I �' , Individual 0 Individual �) 7 ❑ Corporate Officer 0 Corporate Officer s Title(s): Title(s): sI ❑ Partner—❑ Limited 0 General 0 Partner—❑ Limited 0 General 'i ❑ Attorney-in-Fact 0 Attorney-in-Fact k ❑ Trustee 0 Trustee 's' RIGHT THUMBPRINT RIGHT THUMBPRINT >,I ❑ Guardian or Conservator OF SIGNER CI Guardian or Conservator OF SIGNER ❑ Other: Top of thumb here ❑ Other: Top of thumb here y. Si s1 Signer Is Representing: Signer Is Representing: �, si i - 1 t L'.✓-nom G✓:'<✓A✓<✓L<✓':A✓t<✓%`✓%< ': s<✓:✓:✓L�✓:✓:K✓:<✓:✓sem✓:q✓':✓:<✓:✓�✓<<f-?A<,!L<✓:Q✓t<✓LQ?,4K!:<✓:••-?LC✓tom✓:�✓:�✓:K�:<✓ �<<✓:W>.ui•• 0 1995 National Notary Association•8236 Rennet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder.Call Toil-Free 1-800-876-6827