HomeMy WebLinkAbout2007-7-1 LAH Sewer Agreement Amendment #1AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF LOS ALTOS, CALIFORNIA
AND THE TOWN OF LOS ALTOS HILLS FOR TRANSPORTATION,
TREATMENT AND DISPOSAL OF SEWAGE
This amendment ("Amendment") by and between the City of Los Altos, California ("CITY") and
the Town of Los Altos Hills, California ("TOWN") is dated for references purposes as of July
_I C4, 2007, with reference to the following facts:
RECITALS
WHEREAS, on January 26, 2007, CITY and TOWN entered into an agreement entitled
"Agreement Between the City of Los Altos, California and The Town of Los Altos Hills for
Transportation, Treatment and Disposal of Sewage", ("Agreement"); and
WHEREAS, both parties desire to amend the Agreement in order to clarify the ownership
of sewer mains south of Summerhill Avenue; and
NOW THEREFORE, In consideration of the covenants, conditions and promises
hereinafter contained, to be kept and performed by the parties hereto, CITY and TOWN hereby
agree that the following section of the aforesaid agreement dated January 26, 2007, is amended to
read as follows:
1. Revision to Section 3
Paragraph (b) (i) of Section 3, "Ownership, Maintenance, and Regulation of Collection
Systems", shall be deleted and replaced with the following new paragraph:
"The sewer mains and appurtenances thereto, including mains serving TOWN residents and
entering from the TOWN, that lie within Summerhill Avenue and that portion of Magdalena
Avenue between Summerhill Avenue and Hillview Avenue shall vest in and be the property of
CITY. The location and property served by these sewer mains are shown on Exhibit C.
2. General Provisions
A. This Amendment shall be binding upon and inure to the benefit of the parties hereto and
their successors and assigns.
B. Except as modified hereby, the terms and provisions of the Agreement shall remain
unmodified and in full force and effect.
C. Capitalized terms not otherwise defined herein shall have the same meaning as set forth in
the Agreement.
D. In case of any conflict between any term or provision of this Amendment and any term of
provision of the Agreement, the term or provision of this Amendment shall govern.
-I-
WPAPPV29399.1
n919m rmconM
E. This Amendment shall be deemed to be made in, and construed in accordance with, the
laws of the State of California. In the event suit is brought by either party hereunder, the
Parties agree that venue for such action shall be vested in the state courts of California in
the County of Santa Clara or in the United States District court in the Northern District of
California.
F. This Amendment may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which when taken together shall constitute one agreement.
IN WITNESS WHEREOF, this Amendment has been executed as of the date set forth above.
CITY OF LOS ALTOS
A California municipal corporation
APPROVED AS TO CONTENT:
qz4l�'t-,
ssistant Public WorIV Director
APPROVED AS TO FORM
AND LEGALITY:
City ttom'
ey
jA 2E
City Manager
-2-
WPAPR729399.1
nc�nm �zccznn�
TOWN OF LOS ALTOS HILLS
A California municipal corporation
APPROVED AS TO CONTENT:
APPROVE]b AS TO FORM
LAND LEG
City Attorney
AGREED:
aLa—
City Manager