HomeMy WebLinkAbout31-02 • •
RESOLUTION NO. 31-02
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 ANTONIS AND ANGELA GIAKOUMIS
WHEREAS,the City Council of the Town of Los Altos Hills has read and considered
that certain Sanitary Sewer Reimbursement Agreement("Agreement") between the Town
and Antonis and Angela Giakoumis.
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 Antonis and Angela Giakoumis.
PASSED AND ADOPTED this 21stday of March , 2002.
Mayor
ATTEST:
City Clerk
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SANITARY SEWER REIMBURSEMENT AGREEMENT
THIS SANITARY SEWER REIMBURSEMENT AGREEMENT ("Agreement") is
entered into this 21st day of March , 2002, by and between the Town of Los Altos
Hills, 'a municipal corporation of the State of California ("Town") and Antonis and Angela
Giakoumis (collectively, "Property Owner") of 12368 Priscilla Lane, Los Altos Hills, CA.
RECITALS
A. 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 by future users of a sanitary sewer extension for some of the costs associated
with the sanitary sewer extension.
B. In order to be reimbursed, a property owner may make an application to the
Town pursuant to those certain Policies, Procedures and Guidelines for Sanitary
Reimbursement Agreements, dated May, 2001 ("Policies").
C. Property Owner constructed a sanitary sewer extension commonly known as
the Priscilla Lane Sewer Extension ("Sanitary Sewer Extension") within the Town as more
particularly described and shown on Exhibit A, attached hereto.
D. Pursuant to the Policies, after proper application by the Property Owner , the
City Engineer has found and determined that the Sanitary Sewer Extension will benefit not
only the lands of Property Owner, but also other lands which may be served by the Sanitary
Sewer Extension at a future date ("Future Users") because each Future User has frontage
along the gravity sewer main and can connect directly, via a single lateral, to the gravity
sanitary sewer main.
E. The lands of the Future Users which may be served by the Sanitary Sewer
Extension in the future ("Reimbursement Agreement Service Area") are more particularly
set forth in Exhibit B, attached hereto.
F. Town and Property Owner now desire to provide for reimbursement to
Property Owner by each Future User for their pro-rata share ("Usage Fee") as shown in
Exhibit B, attached hereto. Town and Property Owner acknowledge that the total amount
that the Property Owner may be reimbursed for the Sanitary Sewer Extension is an amount
totaling Eighty One Thousand Nine Hundred Fifty Two Dollars and Forty Cents
($81,952.40), ("Project Costs"), less Town administrative fees as set forth in Paragraph 9
(Administrative Fee).
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.
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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 B 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
9 (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 Owner 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 9
(Administrative Fee). The Town shall make the check payable to Antonis and Angela
Giakoumis and shall send such check to Property Owner at 12368 Priscilla Lane, Los Altos
Hills, CA, 94022.
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 Owner for the Sanitary Sewer Extension, then this
Agreement shall automatically terminate and Property Owner and its 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 eventof a disputer
between anyFuture User and the Town
p
with respect to thea ment of the Usage Fee, the Town may, at its option, take any
9Y p
appropriate action against such Future User to collect the Usage Fee; provided, however,
Property Owner acknowledges that the Town is under no obligation to take any action
whatsoever against such Future User to collect the Usage Fee.
6. Indemnification; Hold Harmless. Property Owner agrees to indemnify and
hold the Town harmless 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. Further, Property Owner and its agents shall hold
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•
harmless the Town for any failure by the Town to collect the Usage Fee from any Future
User. Nothing in this Agreement shall be construed as imposing any obligation upon the
General Fund of Town. Payments shall be made to Property Owner only to the extent funds
are actually received and collected by Town pursuant to this Agreement.
7. Term of Agreement. This Agreement,and the obligations of Town hereunder,
whether or not any or all Usage Fees have been collected and remitted to Property Owner
or its agents hereunder, shall terminate on the fifteenth (15th) anniversary of the date of this
Agreement.
8. Administrative Fee. Priorto remitting any funds to Property Owner,Town shall
be entitled to deduct an administrative fee in the amount of five percent (5%) from each
Usage Fee to pay the costs incurred by Town in connection with the administration of this
Agreement.
9. Fees and Costs. Prior to execution.of this Agreement by the Town, the
Property Owner shall pay all legal fees and costs incurred by the Town in connection with
the preparation of this Agreement.
10. Successors; Assignment. This Agreement shall be binding upon the
successors, heirs and assigns of the parties hereto, but Property Owner shall not assign
any of its rights under this Agreement without the prior written consent of Town, which
consent shall not be unreasonably withheld.
11. Exhibits. The Exhibits attached hereto are hereby incorporated into this
Agreement by this reference.
12. 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.
The parties hereto have executed this Agreement effective as of the date written
above.
•
TOWN OF LOS ALTOS HILLS
By:
Mayor
ATTEST:
City Clerk
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• •
APPROVED AS TO FORM: PROPERTY NER:
/ /0City Attt rney Antonis Giakoumis
•
ngeI t3iakou
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•
•
ENGINEERING PLANS FOR THE IMPROVEMENT OF GIAKOMIS SANITARY
SEWER EXTENSION DATED APRIL 27, 2000 CONSISTING OF THREE (3) SHEETS ON
•
FILE WITH THE ENGINEERING DEPARTMENT OF THE TOWN OF LOS ALTOS HILLS.
Exhibit A-1
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• •
FUTURE USERS
Name Address APN# Usage Fee
DAW 12372 Priscilla Lane 336-23-007 $40,976.20
Exhibit B
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