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HomeMy WebLinkAbout05-01 • RESOLUTION NO. 5-01 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 LANDS OF OLCOTT 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 Lynn Anne Moran Goese Olcott . 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 Lynn Anne Moran Goese Olcott . PASSED AND ADOPTED this 15day of February , 2001. B, Mayor ATTEST: City Clerk N:\DATA\Clients\L\LAH\Projects\Olcott\SewReimbAgr.rut.wpd i SANITARY SEWER REIMBURSEMENT AGREEMENT This Sanitary Sewer Reimbursement Agreement ("Agreement") is entered into this 15th day of February , 2001, by and between the Town of Los Altos Hills, a municipal corporation of the State of California ("Town") and Lynn Anne Moran Goese Olcott ("Property Owner"). RECITALS: A. Property Owner constructed a sanitary sewer extension commonly known as the Vista Serena Sanitary Sewer Extension ("Sanitary.Sewer Extension") within the Town as more particularly shown on Exhibit A attached hereto. 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 Property Owner, 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"). The lands of the Future Users which may be served by the Sanitary Sewer Extension in the future are more particularly set forth in Exhibit B attached hereto. D. 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 1 N:\DATA\Clients\L\LAH\Projects\Olcott\SewReimb.AGM • • that the Property Owner may be reimbursed for the Sanitary Sewer Extension is an amount totaling Thirty Three Thousand, Five Hundred and Fifty Dollars and Seventy-Nine Cents ($33,550.79) less Town administrative fees as set forth in Paragraph 9. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. 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. After a request by a Future User or a Town requirement of a Future User to contribute additional sewage to the Sanitary Sewer Extension by connecting to the Sanitary Sewer Extension,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. 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 of this Agreement. 2. On December 31 of each year for which this Agreement is in effect, the Town shall pay to Property Owner any and all funds collected pursuant to Paragraph 1 above, less the five percent (5%) administrative fee more particularly described in Paragraph 9. The Town shall make the check payable to Maria Anne Moran Olcott and shall send such check to Property Owner at 12950 Brendel Drive, Los Altos Hills, CA 94022. Property Owner agrees 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. 2 N:IDATA\Clients\L\LAH\Projects\Olcott\SewReimb.AGM • • 3. All regulations and applicable ordinances of Town shall apply to this Agreement and to the performances hereunder. 4. 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 harmless the Town from any claims or liability to Future Users who have paid the Usage Fee to use the Sanitary Sewer Extension. 5. 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. Property Owner and its agents shall hold harmless the Town for any failure by Town to collect the Usage Fee from any Future User, and nothing in this Agreement shall be construed as imposing any obligation upon the General Fund of Town and payments shall be made to Property Owner only to the extent funds are actually received and collected by Town pursuant to this Agreement. 7. This Agreement, and the obligations of Town hereunder, whether or not any or all 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. 3 N:\DATA\Clients\L\LAH\Projects\Olcott\SewReimb.AGM • 8. 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. 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 preparing this Agreement. 10. 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. The Exhibits attached hereto are hereby incorporated into this Agreement by this reference. 12. 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. 4 N:\DATA\Clients\L\LAH\Projects\Olcott\SewReimb.AGM • • ATTEST: TOWN OF 7 ALTOS HIL —. City Clerk aryor APPROVED AS TO FORM: City Att rney Property Owner Lynn Anne Moran Goese Olcott 5 N:\DATA\Clients\L\LAH\Projects\Olcott\SewReimb.AGM Exhibit A Engineering Plans for Vista Serena Sanitary Sewer Extension Project dated July 23, 1999 consisting of 3 _ sheets on file with the Engineering Department of the Town of Los Altos Hills 6 N:\DATA\Clients\ULAN\Projects\Olcott\SewReimb.AGM `"" • • Exhibit B Future Users Future Users Usage Fee $11,183.60 APN 175-37-026 12932 Brendel Drive, LAH, CA 94022 Sun $11,183.60 APN 175-37-025 12924 Brendel Drive, LAH, CA 94022 Coster $11,183.60 APN 175-37-024 12910 Brendel Drive, LAH, CA 94022 Total Amount Due for Sewer Hook-Up $33,550.80 N:\DATA\Clients\L\LAH\Projects\Olcott\SewReimbExB.EX'