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Home My WebLink About84-02 ; • • RESOLUTION NO. 84-02 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 PURISSIMA LIFT PROJECT, LLC WHEREAS, the City Council of the Town of Los Altos Hills ("Town") has read and considered that certain Sanitary Sewer Reimbursement Agreement("Agreement")between the Town and Purissima Lift Project, LLC. ,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 Purissima Lift Project, LLC. PASSED AND ADOPTED this 1st day of August , 2002. By: Ma ATTEST: City Clerk N:\DATA\Clients\L\LAH\Projects\Purissima\Sewer.rut.wpd • • RECEIVED SANITARY SEWER REIMBURSEMENT AGREEMENT J U L 2 6 2002 TOWN OF LOS ALTOS HILLS This Sanitary Sewer Reimbursement Agreement ("Agreement") is entered into this 1st day of August , 2002, by and between the Town of Los Altos Hills, a municipal corporation of the State of California ("Town") and Purissima Lift Project, LLC ("Property Owner"). 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 Purissima Sewer Lift Station ("Sanitary Sewer Extension") within the Town as more particularly 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 for this public lift station and force main, each Future User owns property within the basin that will need to use the lift station and force main for public sanitary sewer services. 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 Six Hundred-Seventy Thousand One Hundred Twenty Two Dollars and Eighty Eight Cents ($670,12. 9), "Project Costs"), less Town administrative fees as set forth in Paragraph 9 (Administrativ e). � - #670/12-2—.tis 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. 1 N:\DATA\Clients\L\LAH\Projects\Purissima\Sewer.agm.wpd • • 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 Purissima Lift Project, LLC and shall send such check to Property Owner at 452 E. El Camino Real, Sunnyvale, CA 94087. 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 event of a dispute between any Future User and the Town with respect to the payment of the Usage Fee, the Town may, at its option, take any 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 harmless the Town for any failure by the Town to collect the Usage Fee from any Future 2 N:\DATA\Clients\L\LAH\Projects\Purissima\Sewer.agm.wpd • • 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.. Prior to 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: Mayo ATTEST: City Clerk 3 N:\DATA\Clients\L\LAH\Projects\Purissima\Sewer.agm.wpd • • APPROVED AS TO FORM: • City Attorney PROPERTY OWNER: Purissima Lift Pioject, LLC BruceA a ' It's: c.)66)(...-c.-1., 4 N:\DATA\Clients\L\LAH\Projects\Purissima\Sewer.agm.wpd O • Exhibit A Engineering Plans for the Improvement of Purissima Pump Station, Los Altos Hills, CA, dated February 6, 2001 consisting of 11 sheets on file with the Engineering Department of the Town of Los Altos Hills. 5 N:\DATA\Clients\L\LAH\Projects\Pu rissima\Sewer.ag m.wpd 111 PURISSIMA SANITARY SEWER LIFT STATION. FUTURE USERS Address APN Lift Station User Fee 13100 Avila Court 182-03-030 $20,941.34 13120 Avila Court • 182-03-031 $20,941.34 13140 Avila Court 182-03-032 $20,941.34 ' 13160 Avila Court 182-03-033 $20,941.34 13061 Byrd Lane 182-10-024 $20,941.34 13100 Byrd Lane 182-10-031 $20,941.34 13113 Byrd Lane 182-10-030 $20,941.34 13105 Delson Court 182-04-071 $20,941.34 13131 Delson Court 182-04-070 $20,941.34 27430 Elena Road 182-12-071 $20,941.34 27501 Elena Road 182-10-006 $20,941.34 27500 Elena Road 182-10-042 $20,941.34 27580 Elena Road 182-03-025 $20,941.34 27741 Elena Road 182-03-034 $20,941.34 27950 Elena Road 182-03-010 $20,941.34 27965 Elena Road 182-02-013 $20,941.34 28040 Elena Road 182-03-029 $20,941.34 12500 Minorca Court 182-04-021 $20,941.34 12510 Minorca Court 182-04-063 $20,941.34 12520 Minorca Court 182-04-064 $20,941.34 28210 Natoma Road 182-10-041 $20,941.34 Exhibit B 1 of 2 • s Address APN Lift Station User Fee 27500 Purissima Road 182-04-073 $20,941.34 Purissima Road,Playfields 182-04-073 $20,941.34 27555 Purissima Road 175-55-012 $20,941.34 27575 Purissima Road 175-43-011 $20,941.34 13253 Simon Lane 182-10-047 $20,941.34 12879 Viscaino Road 175-55-017 $20,941.34 12881 Viscaino Place 175-55-016 $20,941.34 12889 Viscaino Place 175-55-049 $20,941.34 12897 Viscaino Place 175-55-013 $20,941.34 12896 Viscaino Road 175-55-011 $20,941.34 13201.Wright Way .182-03-026 $20,941.34 Exhibit B 2of2