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HomeMy WebLinkAbout87-03 1110 RESOLUTION NO. 87-03 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF A SANITARY SEWER REIMBURSEMENT AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND THE MORA DRIVE PROJECT GROUP • WHEREAS, the individual members of the Mora Drive Project Group (together, "Installers") constructed a sanitary sewer extension commonly known as the Mora Drive Sanitary Sewer Extension ("Sanitary Sewer Extension") within the sphere of influence of the Town of Los Altos Hills ("Town"); and WHEREAS, Section 6-4.503 of the Town's Municipal Code allows the Town to enter into a reimbursement agreement with a property owner so that the property owner may be reimbursed for some of the costs of a sanitary sewer extension by future users of the extension; and WHEREAS, the City Engineer has found and determined, after proper application by Installers, that the Sanitary Sewer Extension will benefit not only the lands of Installers, but also other lands which may•be served by the Sanitary Sewer Extension at a future date; and WHEREAS, the City Council of the Town has read and considered that certain Sanitary Sewer Reimbursement Agreement ("Agreement") between the Town and the individual Owners, attached hereto as Exhibit A; NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: . 1. Public interest and convenience require the Town to enter into the Agreement attached hereto as Exhibit A. #671852v1 • • 2. The Town 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 the individual members of the Mora Drive Project Group, contingent upon the Installers submitting fully executed and notarized copies of the Agreement. PASSED AND ADOPTED this dY �a of�l&GN. 62003 By: AA-4 M2 ayor -ATT T: ` City Cler #671852v1 1 \ / fI H. •M1 :C 1/ SANITARY SEWER REIMBURSEMENT AGREEMENT MORA DRIVE SEWER PROJECT This Sanitary Sewer Reimbursement Agreement ("Agreement") is entered into this • 20th day of November, 2003, by and between the Town. of Los Altos Hills, a municipal corporation of the State of California ("Town") and the persons who have executed this document as Installers ("Installers") and Successors ("Successors") and who are listed on Exhibit A hereto (together, the "Parties"). RECITALS: A. On June 14, 2002, the Installers completed construction of a sanitary sewer extension commonly known as the Mora Drive Sanitary Sewer Extension ("Sanitary Sewer Extension") within the sphere of influence of the Town and within the street right of way.on Mora Drive and Eastbrook Avenue as more particularly shown on Exhibit B, attached hereto ("Mora Drive Sewer Project General Area Map"). B. Section 6-4.503 of the Town's Municipal Code allows the Town to enter into a reimbursement agreement with a property owner so that the property owner may be reimbursed for some of the costs of a sanitary sewer extension by future users of the extension. C. After due consideration of all relevant factors such as the location and nature of the Sanitary Sewer Extension, the area to be served by the Sanitary Sewer Extension, the developable areas potentially served by the Sanitary Sewer Extension and the volumes of sewage, the City Engineer has found and determined, after proper application by Installers, that the Sanitary Sewer Extension will benefit not only the lands of the Installers, but also other lands which may be served by the-Sanitary Sewer Extension at-a•future date ("Benefiting Lands"). The lands of the Installers, Successors and Benefiting Lands are more•particularly set forth in Exhibit C ("Mora Drive Sewer Project Reimbursement Agreement Service Area") and Exhibit D ("Mora Drive Sewer Project Installers. and Future Users — LAFCOApproved"), attached hereto. The Installers are those property owners who obtained LAFCO approval to construct Sanitary Sewer Extension and the Successors are property owners who have cO I = 'v purchased a property in the Mora Drive Sewer Project Reimbursement Agreement Service Area from an Installer. For the purposes of this Agreement the term Installers includes Successors. The current and future owners of Benefiting Lands other than Installers who request a hook-up to the Sanitary Sewer Extension, or who are required by the Town or the Santa Clara County Department of Environmental Health ("County Health") to connect to the Sanitary Sewer Extension shall be hereinafter collectively referred to as "Future Users." D. The Town and Installers now desire to provide for reimbursement to Installers by each Future User for that Future User's pro-rata share ("Usage Fee"). The Town and Installers acknowledge that the total amount that Installers may be reimbursed for the Sanitary Sewer Extension is an amount totaling one hundred ninety four thousand three hundred thirty three dollars and eighty cents ($194,333.80), less the Town's administrative fees as set forth in Paragraph 2 herein, and as adjusted each year pursuant to the provisions of Paragraph 1 below ("Reimbursement Amount"). AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows: 1. Usage Fee. Upon a request by a Future User to connect to the Sanitary Sewer Extension ("Connection Request"), or upon notice to a Future User that it is subject to a Town or County Health requirement that the Future User connect to the Sanitary Sewer Extension ("Connection Requirement Notice"), the Town will collect a Usage Fee from that Future User. The Town must use reasonable diligence to collect the Usage Fee prior to connection to the Sanitary Sewer Extension by a Future User who has made a Connection Request, or who has been served with a Connection Requirement Notice by the Town or by County Health. The Usage Fee will be adjusted on June 30 of each year based on the Construction Cost Index for the prior year as determined by the City Engineer. The Usage Fee that would be due from a Future User on the Effective Date of this Agreement is $19,433.38. 2. Adding Future Users. Upon mutual agreement of the Parties, this Agreement may be amended at a future date to include owners of Benefiting Lands who 1 - 11) ( 4 ) are not shown or listed on Exhibit C or Exhibit D as of the execution date of this Agreement, but whose land has been added to the class of Benefiting Lands by County Health or the County of Santa Clara Local Agency Formation Commission ("LAFCO"), or who became eligible as a result of annexation to the Town of Los Altos Hills and may benefit from the Sanitary Sewer Extension. 3. Administrative Fee. Upon collection of the Usage Fee from a Future User, and prior to remitting any funds to Installers, the Town shall deduct an administrative fee of five percent (5%) from the Usage Fee to pay the costs incurred by the Town in connection with the administration of.this Agreement ("Administrative Fee"). 4. Distribution. On December 31 of each year during which this Agreement is in effect, the Town shall pay to Installersany and all funds collected pursuant to Paragraph 1 above, less the Administrative Fee. The Town shall make the check payable to the Installers' distribution agents whose identities may be found on Exhibit F hereto ("Distribution Agents"), and shallsendsuch check to the Distribution Agents at the ( i address listed thereon. Exhibit F may be amended at any time by mutual agreement of the Parties to reflect any change in the names or address of the Distribution Agents. The terms and -responsibilities of Installers' distribution agents may be found on Exhibit G hereto, though Installers are solely responsible for any liability arising from the actions of its distribution agents in connection with their responsibilities. 5. Indemnification and Hold Harmless. Installers agree to indemnify and hold harmless the Town from any claims, costs or expenses incurred by the Town in connection with any claim by any person or entity with respect to this Agreement, the associated costs or the Usage Fees. 6. Applicable Law. All regulations and applicable ordinances of the Town shall apply to this Agreement and to the performances hereunder. 7. Early Termination. 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 Installers for the Sanitary Sewer Extension, then (a) the • Town's obligations to collect and account for any further Usage Fee(s) shall automatically terminate; and (b) Installers and their successors or assigns shall 04. indemnify and hold harmless the Town from any claims or liability to Future Users for the legally required return of any Usage Fee. • 8. Collection Disputes. (a) In the event of a dispute between any Future User and the Town with respect to the payment of the Usage Fee, the Town shall notify the Distribution Agents and may, at its option, and with the prior written consent of the Distribution Agents, take any appropriate civil action against such Future User to collect the Usage Fee; provided, however, Installers acknowledge that the Town is under no obligation to take any legal action whatsoever against such Future User to collect the Usage Fee. The Town shall terminate any civil enforcement action at the request of the Installer's Distribution Agents. (b) The Town may, at its option, take appropriate enforcement action against those property owners who have hooked up to the Sanitary Sewer Extension without having paid the Usage Fee, or without receiving permission by the Town and LAFCO. (c) Installers shall hold the Town harmless for any failure by the Town to collect the Usage Fee from any Future User. (d) Nothing in this Agreement shall be construed as imposing any obligation upon the General Fund of the Town nor as imposing any obligation upon Town to make any payments whatever to Installers, except to the extent funds are received and collected by Town pursuant to this Agreement 9. Termination. This Agreement and the obligations of the Town hereunder, whether or not all of the Reimbursement Amount or any portion thereof has been collected, shall terminate on the fifteenth (15th) anniversary of the date of this Agreement. 10. Legal Fees and Costs. Prior to execution of this Agreement by the Town, Installers shall pay all legal fees and costs incurred by the Town in connection with preparing this Agreement. 11. Assignment. This Agreement shall be binding upon the successors, heirs and assigns of the parties hereto, but Installers may not assign any of their rights under ;'/ •_. , ( , this Agreement, apart from transferring their property, without the prior written consent of the Town, which consent shall not be unreasonably withheld. If any Installer transfers his or her specific property listed on Exhibit A hereto without having connected to the Sanitary Sewer Extension, the future owner(s) of that specific property shall have a perpetual right to connect to the Sanitary Sewer Extension, and the Town shall not collect a Usage Fee from such future owner(s). 12. Exhibits. The Exhibits attached hereto are hereby incorporated into this Agreement by this reference. 13. Merger.. All negotiations and agreements previously made by the parties and their agents with respect to this transaction are merged into this Agreement which completely sets forth the obligations of the parties. 14. Effective Date. The parties hereto have executed this Agreement effective as of the date written above. ATTEST: TOWN OF LOS ALTOS HILLS ( ) --/-- . _ /,1/ By: City Clerk dip Mayor APPROVED A S TO FORM: 5C .,_t __ __:___-7----,______ orney SIGNATURES OF ALL INSTALLERS (1 THROUGH 18) MAY BE FOUND ON THE FOLLOWING PAGES 00 00 Exhibit A MORA DRIVE SEWER PROJECT INSTALLERS ' (' 10702 Mora Drive APN: 331-14-003 INSTALLER 1: • Russell G. Robinson and Helen L. Robinson, Trustees of.the Robinson Family Trust of December 9, 1988 • By: - By: Name: HELEN L. ROBINSON Name: RUSSELL G. ROBINSON STATE OF CALIFORNIA ) ) ss: COUNTY OF CRA.?Th a.c4), On' ' -' -c 9 , 2003, before me, the undersigned Notary Public, personally appeared \Nre.`..e,. L , 1�bWb1-1b0 , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.. WITNESS my hand and official seal. a-•_f o R ,,-�y..f= Comm.# 1258884 rn Signature � �. - —.-- % -7 NOTARYPUBLIC-CALIFORNIA VI g � R:.r Santa Clara County " ytzn. My Comm.Expires April 28.2004 E STATE OF CALIFORNIA ) ) ss: COUNTY OF ) On , 2003, before me, the undersigned Notary Public, personally appeared ; personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature _ c. cô 10710 Mora Drive APN: 331-14-063 INSTALLER 2: Enrique J. Klein and Judith Anne Klein, husband and wife, as Community Property B , Name: ENRIQ �E J. KLEIN Na : JUDITH A. KLEIN STATE OF CALIFORNIA ) ss: COUNTY OFS V c\ - On13-e c-eY- q , 2003, before me, the undersigned Notary Public, personally appeared 'N14-.1-.E. ►14 , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. "'!lig CAROL BAENDER Comm.! 1258884 ' NOTARY PUBLIC-CALIFORNIA N _ - ( � MyComm.Expires April 28,2004 STATE OF CALIFORNIA ) ss: • COUNTY OF'ct-na-cc) q , 2003, before me, the undersigned Notary Public, personally appeared v, ' i A - Lnl , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CAROL BAENDER rr"np Comm.! 1258884 �j^ NOTARY PllikiC-CALIFORNIA Y/ Santa Clara County Signature ���- MY Comm.Expires April 28,2004"+ ( 11055 Mora Drive APN: 331-15-5 INSTALLER 3: Charles M. Bodine and Eloise G. Bodine, Trustee of the Bodine Family Revocable Living Trust, dated May 12, 1999, as their community property By: By�� - Name: CHARLES M. BODINE N- ' e: ELOISE G. BODINE STATE OF CALIFORNIA ) �* ) ss: COUNTY Q \\&CP On ee e. , 2003, before me, the undersigned Notary Public, personally appeared_C--wcz s M , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. t^� �. CAROL BAENDER Comm., 1258884 'n N =�>�� NOTARY PUBLIC-CALIFORNIA N Signature � � �— pi/ Santa Clara County g My Comm.Expires April 28,2004 11 .STATE OF CALIFORNIA ) ss: COUNTY OFCG-Aa 8esa) Oncem\ °I , 2003, before me, the undersigned Notary Public, personally appeared. f_ 1 Ste. a. "43 I-31)1 /'-' personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. . CAROL BAENDER Comm.# 1256884 mrn w NOTARY PUBLIC-CALIFORNIA Y1 Signature ,�� ► u' Santa Clara ounty8 1 `-�\ My Comm.Expires Apri ,2004 C. Fr. 11001 Mora Drive APN: 331-15-006 INSTALLER 4: John P. & Kara A. Loiacono, Trustees -'l The Loiacono Fy Trust U/A DTD June 26, 1995 By: ' By: Name: RA A. LO Nam,: J� • LOIACONO STATE OF CALIFORNIA •) ) ss: COUNTY OF ) On 1)P-ra-nbey- J , 2003, before me, the undersigned Notary Public, personally appeared �OGl/7 �-ek�` c,:��� personally known to me or proved to me on L-� the basis of satisfactorythe person whose name is subscribed to the be evidence to within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. • WITNESS myhand and official seal. ,• ,,-�L ESTER so>Po .,1`1: conmaion•1399811 Hoary Public-Carorrro I Santa Clara Carty Signature � � 11r 4 omr(2_8 Feb102 0071( STATE OF CALIFORNIA ) ) ss: COUNTY OF Zr -c1e.r On--- -c--e,^^\:14/1 , 2003, before me, the undersigned Notary Public, personally appeared k vVe--Pr L61 COQ 0 , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. :a CAROL BAENDER ,,. . ►fl �. f Comm.If 1258884 1'3 VJ Vet" NOTARY PUBLIC CALIFQRNIA y� Santa Clara County Signature , , My Comm-Expires April 2"8:7)! t ' . . 10915 Mora Drive APN: 331-15-0.14 INSTALLER 5: Richard A. Gilman and Patricia L. Gilman, Co-Trustees of the Gilman Family 1994 Trust dated June 28, 1994 By: ..:- ;/ Name: PATRICIA L. GILMAN Name: RICHARD A. GILMAN STATE OF CALIFORNIA ) ) ss: COUNTY OFSG11crk On c e r s' . q , 2003, before me, the undersigned Notary Public, personally appeared 'P wT¢t G 1 L w..pA , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity ) upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ,.��<,� CAROL BAENDER" ;. •'a Comm,p 1258884 . �n Signature N rv� NOTARY PUBLIC.CALIFORNIA �cbR� Sante Clara County ``CC�� My Comm.EsDlres Aprll 28,2004" STATE OF CALIFORNIA ) ss: COUNTY OFA -C�ra.). On ` -c, c ' , 2003 before e, the undersigned Notary Public, personally appeared \ C c4 A .G m iL_KA , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. a,, CAROL BAENDER Comm,It 1258884 N NOTARY PUBLIC-CALIFORNIA Signature ^ April 28,2004 Santa Clara County My Comm.Expires -7. i 00 00 . , _ 10869 Mora Drive 0 APN; 331-15-015 INSTALLER 6: Richard W. Mehrlicti and Beverly T. Mehrlich, husbanti dhas Joint Tenants iBy: % J ; fl,a,J By: Name: BEVERLY MEHRLICH Na e(RICHARD W. MEHRLICH RLICH� STATE OF CALIFORNIA ) ) ss: COUNTY On Pc- Gi , 2003, before me, the undersigned Notary Public, personally appeared `(;et,€'t /1 t/ c-4 proved to me on the basis of satisfact evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. •IIIlnnnmllllnllllnllmIlIIIInlmnnnlmmunli lllnllllllnlnIIIII hIIIIU WITNESS my hand and offici- eal. = L. KADIEV E. 0 °_ COMM #1282876 "' { NOTARY PUBLIC-CALIFORNIA u' / _E. .r: f SAN MATEO COUNTY /Et) E ) s My Comm Exp Nov.2.2004 a Signature _.7�` V imn nmminuuunumumnnmmmmuumuu IIIIIi m imam STATE 0 CALIFORNIA ) COUN:Ly_OF_ ._....‘341pcxs,:,... OnYee-e q' 00 , beforg me, the undersigned Notary Public, personally appeared rIA i.d C•ep• neZvreil , personally known to me-eF proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and offici- seal. amummimumuunmummmmIImlmnnununnnnMunmmuumS H t.„41111,.- 1'' CO Mme#912187876 //'' /' ✓£ , NOTARY PUBLIC-CALIFORNIA i Signature !4iipr `. ► .Eii' _ v''""�' TANMATeocoUNTY _ ; — nv rn my Crbmm.�.NO.2.3004 g iimllminnllll iiimIIHIIllillilllllllllilll1111 lllltlll milllu illlllilllIIIJI0 � .. ( 11030 Mora Drive APN: 331-15-27 • INSTALLER 7: Harold V. Feeney, Jr. and Mary Jo Feeney, Tr ,stees of the Feeney Family Trust Agree Int dated July 24, 2002 �3'EY/� STATE OF CALIFORNIA ) COUNTY OF X\VA C\Rfct.)) ss: Onee,e`c•.1Z.e_,r 9 , 2003, before me, the undersigned Notary Public, personally appeared p.[)L'D V V. Y, , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. bra CAROL BAENDER ��,.y� � Comm.# 1258884 ►n Signature • '\ „5' x NOTARYPUBLIC•CAUFORNIA Ua Santa Clara County My Comm.Expires April 26,20D4"g STATE OF CALIFORNIA ) 1 ) ss: COUNTY OF MAL-Wei) On wee e .9 , 2003, before me, the undersigned Notary Public, personally appeared TiViQ.' ''a - , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �fir � CAROL i rNn �. ..��,,��a-• Comm.# 1256664 ISi nature � NOTARY PUBLIC-CALIFORNIA Y7 Santa Clara County " My Comm.Expires April 28,2004 E 0 • 0 11120 Mora Drive APN: 331-15-030 INSTALLER 8: Famil Trust dated January 3, 1990 ott Trustee of the Traugotty Ernest A. Traugott, Name: ERNEST A. TRAUG' STATE OF CALIFORNIA ) ) ss: COUNTY OFAR-1-R CIaF( On �L • cl 2003, before me, the undersigned Notary Public, personally appeared I; NST u&eT , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CAROL BARDS •ni ai. iti; Comm.f 1258884 W` r Santa Gare Cannri /� Rtb'My Comm.Expires April 21 2004'+ • C 10401 Sunhills Drive APN: 331-15-36 INSTALLER 9: Suzanne Sawochka Hooper and Peter A. Hooper, ► ' = _ • • husband . Name: S ZANNE SAWOCHKA HOOPER Name: P: A. HOOPER STATE OF CALIFORNIA ) -< I_ ) ss: COUNTY OF 4 tatrlk) On 4,/(_'prYhh22.i g , 2003, before me, the undersigned Notary Public, personally appearedJLiz.a iei SavOC,/Cct / -ea', personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their j authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. wENOY SEAGRAVES ;d0opf_: coninlsslon•1765134 Na1uy P+ c-Go aI*I Signature �� x.�% Santo Clara Oa ri!!► htiComm.ecieslutiZZOt STATE OF CALIFORNIA ) ) ss: COUNTY 0E-5a/4060-Ay On.eCgyf, P€y' g , 2003, before me, the undersigned Notary Public, personally appeared 79itet' , / aper , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity • upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. WENDY SEAGRAVES Comm<sstan a 1265195 Notary Public-Ca6tarido Signature ' - ``� �J sante caro Caudr _ Mycgn,rn.t esh.,2:2313 E OS 00 . . . 11000 Mora Drive 0 APN: 331-15-041 INSTALLER 10: Robert R. Rodriguez and Louise A. Rodriguez, husband and wife, as community property By:, By: -+ —� Name: LOUISE A. RODRIGUEZ Name: ROBERT R. RODRZ STATE OF CALIFORNIA ) ss: COUNTY OF 5W1 cc- On /?/ y , 2003 before me, the. undersigned Notary Public, personally appeared /.. v1 a 'se. A - nadir veZ , person known_tn me or proved to me on the basis of satisfactory evidence W be the person whose name is subscribed to the within instrument and acknowledged to me that theW.6cuted the same in their her authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 0 WITNESS my hand and official seal. ip rm �� Signature -46 •41� • Nota rPUb Ic--California I = t'% Santo Clara County• '_ Ittieantnarkei 20.30 STATE OF CALIFORNIA ) ) ss: COUNTY O i t- On oI of , 2003, before me, the undersigned Notary Public, personally appeared go—b--/-- ,e. ,zod.2 , per o me or proved to me on the basis of satisfactory evidence id be the person whose name is subscribed to the within instrument and acknowledged to me that the xecuted the same in their-/ IS authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. I r- Signature ,� _ _ �- -;:.',,,„ B. mow 0 1434259 � ::'+.% Santa Clara Couroy Mrconn agtagA a2a20 • l .' • 10970 Mora Drive APN: 331-15-42 INSTALLER 11: Gaetano Giurlani and June L. Giurlani, as Trustees under the Gaetano and June Giurlani . Trust Agre- `nt dated September 11, 1979 111111 � _� By: Name: GAETANO i.I►.' ' A N •am=. JUNE L. GIURLANI STATE OF CALIFORNIA ) ) ss: COUNTY OFcxitoL LI cal)._ Ont q , 2003, before me, the undersigned Notary Public, personally appeared J u�� L . C i u tZ Ln N'► , personally known to me or proved to me on the basis of satisfactory evidence to be the person-whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their j authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CAROL BAENDER "AIWA Comm.# 1258884 do r�pp '-'<ENOTARY PUBLIC•CAUFORNIA �+ YI �nf.:r Santa Clara County Signaturecv\ ^� ✓� � R MyComm.Expires APn128,2004 E STATE OF CALIFORNIA ) ) ss: COUNTY OF r CA Et(0) Onslecercoo.a_f q , 2003, before me, the undersigned Notary Public, personally appeared CokET44 6 U21-/.t•-' 1 , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. r 4,,..„0„:44 .4.):-% ��� " CAROL BAENDER C ' f ="� Comm.# 1258864 N u1 E" NOTARY PUBLIC•CALIFORNIA Signature � > • R"r sant.Clata County . My Comm.Expires April 28,2004 T CO 10898 Mora Drive APN: 331-15-043 INSTALLER 12: E. David Crockett and Ann Rae Crockett, Co-Trustees of the. Crockett Living Trust Agreement dated May24, 1991 9 BY: � BY:_-,/ Name: ANN R. ROCKETT Name: E. DAVI i CROCK STATE OF CALIFORNIA ) ) ss: ? COUNTY OF `\ �Rcra Oniece-ci c Cl , 2003, before me, the undersigned Notary Public, personally appeared CCac ----vv—, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within-instrument and acknowledged to me that they executed the same in their authorized capacity, and that.the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. , CAROL BAENDER < 4410;:P4,,, Comm.# 1258884 jn N Ea NOTARYSantaUCla a County NIA 1: �� ,�� My Comm.Expires April 28,20D4 Signature �� STATE OF CALIFORNIA ) COUNTY O&Y‘‘-r4. ) ss: On , 2003, before me, the undersigned Notary Public, personally appeared --TAw'o cmc -e-ct`- , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CAROL MENDER , Comm.# 1258884 ►C rrnn �E NOTARY PUBLIC-CALIFORNIA N ' U! ��`r Santa Claa County Signature My Comm.Expires Apri128,20D4 • • 10701 Mora Drive APN: 331-15-046, 331-15-047 INSTALLER 13: Aart J. DeGeus and Esther M. John, Trustees of the DeGeus-John Family Trust U/D/T datedSeptember8, 1999 By: By: Name: AA J. Name: ESTHER . JOHN STATE OF CALIFORNIA ) ) ss: COUNTY OF 4,,,4 0, On Le.e ( ' , 2003, before me, the undersigned Notary Public, personally appeared sQ1�,, (Y w c. or proved to me on the basis of satisfactory evidence to be the persoA whose name is subscribed to the within instrument and acknowledged to me that t y executed the same in Their (-lr✓., ( authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. • ' HAWAN • +40. Comm.Comm.A1341691 rnE Ji NOTARY PUBLIC•CALIFORNIA UJ CcmSamaExCpaes G26 .2D06 Signature STATE OF CALIFORNIA ) da8iihuat ) ss: COUNTY O On Q1 , 2003, before me, the undersigned Notary Public, personally appeared Ac cue C e_NA , personally known to me t to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. • •' j` Commitoon#1435284 ;F:4„ Notary Public-Calkonlo Signature 9 F CO : • 11151 Mora Drive C.) APN: 331-15-052 INSTALLER 14: Allen Minton and Nancy Minton, Trustees under the Allen and Nancy Minton Trust Agreement dated April 26, 2001 By: Name: ALLEN R. MINTON Name: NANCY . MUTON STATE OF CALIFORNIA ) ) ss: COUNTY OF—C4„srxi Caig4) On j) -c, 2 , 2003, before me, the undersigned Notary Public, personally appeared 4 -/ //ia/'7-04 , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ELAINE NOLET Signature Ua • i NOTAROMM .#1 13758 IA 0 1 / L SANTA CLARA COUNTY 0 • MY COMM.EXPIRES APRIL 26,2007 STATE OF CALIFORNIA ) ) ss: COUNTY OF ,/r4Ci ) On , 2003 before me, the undersigned Notary Public, personally appeared ,r/,4„ic yy rli , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �,'; '' �. ELAINE NOLET 0,•74COMM.#1413758 Signature - 0 Y" + NOTARY PUBLIC-CALIFORNIA —:r.,.I..�, SANTA CLARA COUNTY 0 1 d" ^' .Y COMM.EXPIRES APRIL 26,20071 ' ' • I . = y, 11111 Mora Drive APN: 331-15-053 INSTALLER 15: John V. S- as Tr/-tee of the Jo, V. S-II Trust under agreement dated August 13, 1998 By: . _ Nam,. JOHN V. SELL STATE OF CALIFORNIA ) ) ss: COUNTY OF .0 c4. Onecernbe-c ' 2003, before me, the undersigned Notary Public, personally appeared \NN V • S C1-1-1--• , personally known to me or proved to me on( , ) the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CABGL BAEND R e , , Comm.A 12588B4 r� N °�=E',-- •---� ` - SantClaraooVISignature XMyComm.Erpirea Apri128.2004 • 11170 Mora Drive APN: 331-15-054 INSTALLER 16: Dale G. Seymour and Margo L. Seymour or their successor(s) as Trustee of the Seymour Family Trust created under agreement dated December 3, 1993 Y�Na e. DAL . SEYMO Name: MARO L. SEY UR .... JUNG-A KIM ti Commission 81383829 !_,. .;;;,"•,;;12.ii Notary Public—California g Santa Clara County "'••• Ally Comm.Blokes Ju15,2006 STATE OF CALIFORNIA ) ss: COUNTY OF, L.bcivr C644) On 1a Is- l p3 , 2003, before me, the undersigned Notary Public, personally appeared 2-6haw-- , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature /_ /�/_'_— ,TCorn !lB29z Notary Public—California f. STATE OF C'4F a RNIA z ' Santa Clara Counttl N4 1!:9 my Camra.Expires JUI 5,2006 ) SS: vim _ worw ri yr COUNTY On 12( S t , 2003, before me, the undersigned Notary Public, personally appeared 1VdLG.,r o L. a� owr , personally known to me or proved to me on the basis of satis�ctory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JUNG-A KIM Commission i 1363828 z z =: Notary Public—California f. Signature _ z Santa Clara County 3 My Comm.Expires JuI 5,2006 • i . 10840 Mora Drive AP N: 331-15-056 INSTALLER 17: Jennifer E. Gilbert, a married woman as her sole and separate property --v= Eta� E GLEASON ,. BBy: '- Name: JENNIFER E. GILBERT ` t;.' : Nalers Min" G tn�ni� - tiEtti P Glani County R- .ftiret S=ip 13jv j. C:t `31896+9 STATE OF CALIFORNIA ) z 4 ' ;k•:iL. Iry :arfcsrnLn ss: .3 inty r COUNTY OF 1i.laelara ) ;34.2D1113 On becE bcs , 2003, before me, the undersigned Notary Public, personally appeared Pei n;kr.E. (--;i I.(it , personally known to me thabasialLsatisfaeterrevieteneeto be the persorwhose name is subscribed to the within instrument and acknowledged to me that they executed the same in.theignec authorized capacity, and that the-signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. � 1 WITNESS my hand and official seal. ELAINE GLEASON.410, Commis?.bon#1318989 = Signature Z�s . Notary Public-California Se}t:~` 'It' County '' My Costen.Expires Ssp 24,2005 STATE OF CALIFORNIA. ) ,��ti'.:, sga9 : , , y id.. y !:��c ":1t,fomia ) ss: ;;; ,3tY COUNTY OF ) 24,2005 On , 2003, before me, the undersigned Notary Public, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (lb • 10868 Mora Drive AP N: 331-15-057 INSTALLER 18: Grace Clark Hornby, as Trustee of the Grace Clark Homby Living Trust Agreement Dated May 16, 1982 By: / STATE OF CALIFORNIA ) ) ss: COUNTY OF OnEe'4, - I , 2003, before me, the undersigned Notary Public, personally appeared Gs-e..,c e. CAct_t-V-- Wmta , personally known to me or proved to me on the basis of satisfactory evidence to.be the person whose name is subscribed to the g within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 'm:421 CARQL eAER1DEH Comm. 1258884 rn -�'` �`�-'� ` �`�' Santa Clara County / My Comm.E:pins April 26,2004"+ 0 I • . • r Exhibit B MORA DRIVE SEWER PROJECT GENERAL AREA MAP ` N ,,,, „,,,. ',V-.:-:' ,A7 %A\_ P a ti=i „;s;'?g•:i.y{,'•g: :�4•.c to LOS 280 ,. ,; ..;t <. ,g - �‘ , sFR N.T.S ::-6wk1.OF' ; \'' ALTOS A_ ,.:..LOSS''.•::.,:. : SANT` W <?HILLS _ :>•1—,1, CLUNT A. • ',COUNTY , �ti� � .: \ ` . p FFA •__-__�.,j` Mgr . / —: SITE ,,, Urban Service Area \ qL ' o0 and Sphere of Influence Boundaries p F'LG� `c LOCATION MAP ' .a43>i&s, N.T.S. . �r fitiyrill ,"T%4° .4711114,‹ 10 1-15.012 .6OR QO • ,' stiitt o � \v % iii, ,,4Comy, �- 4 %,' / I„A1 L ' 41yr"fi it 41141i ' {y 1111111k0"c APVs34LpyS s app,._ APN`w44 '217Sgs 002 APtlOs d \ $ U T AP'N 501-14-05A - . - "145-022 O 2 . ea,,,,".” ,(r /I 4" A' < ...-i AP Pi 4, .a /' ��o asr-wCCe Armsbrerazi Area includes Jo Mora Ranch,Lots 1-18,21.38 of Trail Number 10;Valey View Estates,lois 1-6 of Trail Number765;A Portion of Lot 40,Subdnrsion of The Hale Randy As Recorded in Book T of Maps,Pages48,49,Records of Santa Clara County;and RecordofSuevey,Book 201 ofMaps at Page 53. GENERAL AREA MAP Cs • Exhibit Cc.). MORA DRIVE SEWER•PROJECT REIMBURSEMENT AGREEMENT SERVICE AREA (11" X 17") FREEWAY r, fes, ..no . • t 04, ° y 4 4/".4 p� ► ..... Y ~t 441' L'tib ;.•� ✓ 1. / :V;/rraft; Y root 4r4 el . -..•-••);cri „I.-4,311 5 . jilt, kcir r it, . ..- ' iv :L • X`., • 1 - , MPJ .,j ��,,,r�• - � - 'i • ' �� t•• ��'' --._.$.. .r,' '• �• • 4 Sa'r c e b i •;ORA t• 'T 'q , r Yr 4 „pm... � , cqv at �'a• y c. ; 0 4 Q • 8l S• B t �•. nom, J tiY w7li .� Q/ �i►j r Iw , /'S - • Q ' / _ 'JP"! 5•,• • „'tet .s►t. ~ ,, I • 5 iv �• 0 '' -, 0 0.s ... 0 • ..:* b - •, - 4111.____• • ‘iv � _b_ - F_1\ c ► I / f, mu v� r d ES. Y y'r'' •: 7.. .frdlt 19 Q r •1 .its. Y N,.,l� 6. /IIN/f 1 s • ii )�'r.• Q 1 I ..JK • 1 ? 7 \ • • 4, ' fy.$0 •d \ , ... .• .• - °i' ' it 's- $ •� • d/ • / f‘ • h _`' '%. . • 61 r t • 53• os i` • . ka\� EXHIBITC • • MORA DRIVE SEWER PROJECT REIMBURSEMENT AGREEMENT SERVICE AREA (fiD • r { • Exhibit D MORA DRIVE SEWER PROJECT INSTALLERS AND FUTURE USERS — LAFCO APPROVED No APN ADDRESS PROPERTY OWNERS 1 331-14-003 10702 MORA DR. ROBINSON HELEN L 2 331-14-015 10724 MORA DR. BLANCHARD RICHARD A. &ESTHER R. 3 331-14-063 10710 MORA.DR. KLEIN ENRIQUE J.&JUDITH A. 4 331-14-064 10696 MORA DR. SIEBER/HURWICK LISA M.&JENNIFER "X". 5 331-15-005 11055 MORA DR. BODINE CHARLES M. &ELOISE G. 6 331-15-006 11001 MORA DR. LOIACONO JOHN P.&KARA A. 7 331-15-014 10915 MORA DR. GILMAN RICHARD A.&PATRICIA L 8 331-15-015 10869 MORA DR. MEHRLICH RICHARD W.&BEVERLY T. 9 331-15-016 10831 MORA DR. SMOOKLER SAM&MIRIAM J. 10 331-15-022 10730 MORA DR. MALOVOS MADELEINE C. 11 331-15-023 10776 MORA DR. WINCHELL RUTH G. 12 331-15-027 11030 MORA DR. FEENEY HAROLD V.JR.&MARY JO 13 331-15-028 11060 MORA DR. JOST NASH&KAREN -' 14 331-15-030 11120 MORA DR. TRAUGOTT ERNEST A. 15 331-15-036 10401 SUNHILLS DR. HOOPER PETER A.&SUZANNE S. 16 331-15-041 11000 MORA DR. RODRIGUEZ ROBERT R.&LOUISE A. 17 331-15-042 10970 MORA DR. GIURLANI GAETANO&JUNE L 18 331-15-043 10898 MORA DR. CROCKET E. DAVID&ANNE R. 19 331-15-046/047 10701 MORA DR. JOHN-DEGEUS ESTHER M.&AART J. 20 331-15-048 10990 TERRY WY. DEBEVOISE HELEN F. 21 331-15-049 • 11000 TERRY WY. RICHARDS ROY C.&GARNET I. of 22 331-15-051 10691 MORA DR. BRATTON TIMOTHY R. &SUSAN S. 23 331-15-052 11151MORA DR. MINTON ALLEN R.&NANCY G. 0 24 331-15-053 11111 MORA DR. SELL JOHN V. 25 331-15-054 11170 MORA DR. SEYMOUR DALE G. &MARGO L. 26 331-15-055 10810 MORA DR. WYMELENBERG JOSEPH VANDEN &LISA Ile 27 331-15-056 10840 MORA DR. GILBERT JENNIFER E. 28 331-15-057 10868 MORA DR. HORNBY GRACE C. CO . • Exhibit E 1 [INTENTIONALLY OMITTED] 0 it 1 • • Exhibit F i . AUTHORIZED MORA DRIVE SEWER PROJECT DISTRIBUTION AGENTS Agents: Enrique J. Klein 1686 Christina Drive Los Altos,CA 94024 (650) 964-9594 Kara A. Loiacono 11001 Mora Drive Los Altos,CA 94024 (650) 941-2528 Distribution Checks to be Addressed to: Enrique J. Klein and Kara A. Loiacono 11001 Mora Drive Los Altos,CA 94024 (4110 • • • Exhibit G 0, MORA DRIVE SEWER PROJECT DISTRIBUTION AGENT RESPONSIBILITIES The following defines the Mora Drive Sewer Project (MDSP) Distribution agent responsibilities during the 15-year reimbursement period as defined in the SANITARY SEWER EXTENSION REIMBURSEMENT AGREEMENT, MORA DRIVE SEWER PROJECT dated 2003. Each year of the reimbursement period, the MDSP Distribution Agent (Agent) will take the following actions: Monthly: 1. Monitor all sewer construction activities within the MDSP reimbursement agreement service area (See Exhibit C, MORA DRIVE SEWER PROJECT, REIMBURSEMENT AGREEMENT SERVICE AREA). 2. Determine if the property owner intends to connect to the MDSP Sanitary Sewer Extension that provides sanitary sewer services to the reimbursement area. 2.1 If the owner intends to connect, check to see if the owner is one of 18 Installers or Successors in the MDSP (see Exhibit A). If so, no additional action is required. 2.2 If the owner connecting is not an Installer or Successor, but is listed as a Future User (see Exhibits A & D), verify that the Town of Los Altos Hills ("Town") is collecting Future User fees from the property owner before connection is permitted. 2.3 If the owner or his successor is not listed in Exhibit D, request Town verification that the property has been approved for connection by LAFCO or has been served with a Connection Requirement Notice by the Town or by County Health and has become a Future User as defined in Paragraph 2 of this Agreement. 3. Pursuant to Section 8a of the Reimbursement Agreement, the Distribution Agents will receive notification from the Town of intended commencement of enforcement action and will either approve or deny the commencement of said action within 14 Q • business days of receipt of the notice. Pursuant to that section, the Distribution Agents will also provide direction to the Town to terminate any civil enforcement actions. December:. 1. Confirm that the Town will provide a list of the Future Users that paid for connecting to the MDSP during the previous reporting period and forward a reimbursement check to the Distribution Agent on or before December 31 as stated in the Reimbursement Agreement. January 15: 1. Verify all connections to the MDSP made during the previous year. 2. Verify that the Town's distribution check (received by the Distribution Agent) represents all connections made during the previous year. 3. Audit the information received from the Town to ensure that all information is correct. 3.1 Parcel number 3.2 Property owner 3.3 Property address 3.4 Mailing address 3.5 Date connected 3.6 Amount collected January 30: 1. Prepare a summary statement showing reimbursement monies received from the Town of Los Altos Hills, deduct expenses and divide equally among the 18 Installers or Successors. 2. Distribute the net proceeds by sending reimbursement checks and a copy of the summary statement to all Installers or Successors. 3. File all records in a safe place. '