HomeMy WebLinkAbout2016-04-19 LAH Sewer Agreement Amendment #3ORIGINAL
THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF LOS ALTOS
AND THE TOWN OF LOS ALTOS HILLS FOR TRANSPORTATION,
TREATMENT AND DISPOSAL OF SEWAGE
THIS THIRD AMENDMENT made and entered into in, this (0141 day of
4ol'l_, 2016, by and between the City of Los Altos ("CITY") and the Town of Los
Altos Hills ("TOWN")
RECITALS:
WHEREAS, on January 26, 2007, CITY and TOWN entered into an agreement entitled
"Agreement Between the City of Los Altos and The Town of Los Altos Hills for Transportation,
Treatment and Disposal of Sewage" ("Sewage Agreement"); and
WHEREAS, on July 1, 2007, CITY and TOWN entered into an amendment to the Sewage
Agreement which clarified the ownership of sewer mains south of Summerhill Avenue; and
WHEREAS, the Sewage Agreement provides that the CITY will design, construct and
maintain the flow meters and the TOWN will fund the costs of design, construction, operation and
maintenance of the flow meters; and
WHEREAS, the TOWN and the CITY have abandoned the sewer meters and have been
calculating the flow of sewage by multiplying 300 gallons per day by the number of properties
connected to sewer lines ultimately discharging into the CITY'S sewer system; and
WHEREAS, the TOWN and the CITY agreed to continue calculating the flow of sewage
by multiplying 300 gallons per day by the number of properties connected to sewer lines ultimately
discharging into the CITY'S sewer system and formalized this agreement in the Second
Amendment; and
WHEREAS, the Second Amendment calls for a review within one year of the calculation of
300 gallons per day by the number of properties to determine wh.cther this calculation is accurate
and/or requires an adjustment; and
WHEREAS, TOWN desires to extend the review period an additional 12 months.
NOW, THEREFORE, in consideration of this Third Amendment, the parties hereto agree
to amend the Sewage Agreement as follows:
THIRD AMENDMENT
The following section of the Sewage Agreement is hereby amended to read as follows, with
additions in italics and deletions in strikethrough text:
1. Revision to Recital Paragraph F
The parties now desire, pursuant to the terms and conditions set forth in this Agreement, to alter
their relationship to an arrangement whereby the TOWN is entitled to discharge 339,900 gallons per
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day, as calculated by multiplying 300 gallons per day by the number of properties connected to
sewer lines ultimately discharging into the City's sewer system to the CITY's sewer system
(notwithstanding the number of capacity rights previously issued either by the TOWN or the CITY)
and whereby the TOWN will allocate capacity rights and sewer connections among the residents
and property owners in the Town. The TOWN's entitlement to discharge 339,900 gallons per day,
as calculated by multiplying 300 gallons per day by the number of properties connected to sewer
lines ultimately discharging into the City's sewer system shall be reviewed by the Town and City
within one year of the approval of the Third Seeend Amendment to determine whether this
calculation is accurate and/or requires an adjustment.
General Provisions of the Third Amendment
The following general provisions shall govern this Third Amendment to the Sewage Agreement:
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 Sewage 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
Sewage Agreement.
D. In case of any conflict between any term or provision of this Amendment and any term of
provision of the Sewage Agreement, the term or provision of this Amendment shall govern.
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.
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.
[SIGNATURE PAGE FOLLOWS]
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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:
11
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Public Works Director
APPROVED AS TO FORM
AND LEGALITY:
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City Attorney
AGREED:
City Manager
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TOWN OF LOS ALTOS HILLS
A California municipal corporation
APPROVED AS TO CONTENT:
Public Works Director
APPROVED AS TO FORM
AND LEG ITY:
City Attorney
AGREED:
City Manager f