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Home My WebLink AboutPrithipal Singh 10.30.2025SEWER CONSTRUCTION AND DEDICATION AGREEMENT TIIIS SEWER CONSTRUCTION AND DEDICATION AGREEMENT (this "Agreement') is entered into as of36g �j� 2025, ("Effective Date") by and between Prithipal Singh ("Applicant"), and the TOWN OF LOS ALTOS HILLS ("Town"), a California municipal corporation (collectively, the "Pasties" and individually as "Party"). RECITALS A. Applicant is the owner of certain property located at 2575"1 Vinedo Lane (APN 182- 15-004) in the Town of Los Altos Hills, County of Santa Clara, State of Califortua. B. Applicant proposes to constrict. a sewer main extension on Vinedo Lane to serve Applicant's properties at 25751 Vinedo Lane. The location of the proposed sewer facility is on Vinedo Lane and more particularly described iii Exhibit A attached hereto and incorporated herein by this reference ("Vinedo Lane Sanitary Sewer Force Main Sleeve Extension" or "Project"). C. The plans and specifications for the Project are more particularly described on Exhibit B attached hereto and incorporated herein by this reference ("Plans and Specifications"). D. Section 6-4.446 of the Los Altos Hills Municipal Code provides that sewer main facilities may be extended by an applicant in accordance with plans and specifications approved by the City Engineer, at applicant's cost. E. Applicant desires to construct the Project at Applicant's sole cost and expense and for the benefit of residents on Vinedo Lane, including the Applicants, but does not intend to include any additional present or future users to utilize the extension aside from the present and future owners of the Properties. F. Upon completion of construction, Applicant further desires to dedicate and the Town desires to accept, the Vinedo Lane Sanitary Sewer Force Main Sleeve Extension to the Town, subject to final inspection by the Town. G. It is the intention of the Parties to set forth the terms and conditions on which .Applicant shall construct and dedicate the Vinedo Lane Sanitary Sewer Force Main Sleeve Extension to the Town and reimburse the Town for all related costs. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree as follows: 1. Construction. Applicant shall construct the Project at his/her sole cost and expense, and in accordance with approved Plans and Specifications attached hereto and incorporated herein as Exhibit B, and in conformity with all applicable federal, state and local laws, rules, ordinances and regulations, including the Los Altos Hills Municipal Code. Applicant shall be required to obtain an e.ricroaclinxeixt permit fronx th.e 'Ibwwn and comply with all, applicable ter.rns and conditions of such permit, and shall also be responsible for obtaining any and all other required permits and other governmental. aplx.roval.s necessary for the construction and installation of the Project. I:f .Applican.t fails to construct the Project.in accordance with. this Agreement, such failure sh.all constitute a breach of theApplicant's obligations herein and the':I"own shall be entitled to enforce the Applicant's bond or security as provided in Section 5 below. 2. Timing of Construction. Applicant shall complete construction of the Project no later than June 5, 2026. 3. Inspection and Acceptance by the Town. Upon completion of construction by App.li.caixt, theTown shall have the .right to inspect, measure, survey, and test the Project for compliance with the approved plans and specifications. A deposit of $15,000 payable to the Town is required for inspection services, construction management, and other Town's expenses for this project. A..ny unused amount will be refunded after the project is accepted by the City Engineer. 4. Dedication. Upon final inspection and approval, by th.e'I'own of the Project, Applicant shall deliver to the ']."own an. irrevocable offer of dedication substantially in the sain.e form set forth on Exhibit C attached hereto ("IOU) offering the Vinedo Lane. Sanitary Sewer Main Extension to the Town, provided, however, the IOD shall be subject to, and not allow acceptance by the Town until, all of the conditions precedent in Sections 1-3 above are satisfied. 5. Provision of Security. Applicant agrees to guarantee the completion of the Project and, as security for that guarantee, Applicant shall provide. the Town with security, in the form of a cashier's check or bond, no more than. one hundred percent (1.00%) of the estimated cost of constructing the Project as approved by tlxe City Engin.eer.'I'h.e ".['own shall release the security for completion of the sani.ta.ry sewer extension upon final -inspection. and approval by the Town.. Applicant shall. also file with the City a two (2) year warranty bond or equivalent security in a form and in an amount of 10% of the construction cost, and with a surety acceptable to City, to warrant the Project against any defective work or labor done or defective materials furnished following the Project beim; accepted by the Los Altos Hills City Council. G. Responsibility of Applicant. Applicant acknowledges and agrees that he shall be responsible for the construction, maintenance, upkeep and any issues relating to the condition of the Project until such time that the sanitary sewer line has been dedicated to and accepted by the Town. Upon acceptance of dedication by the Town, the Applicant shall not have responsibility for. the Vinedo Lane Sanitary Sewer Main Extension. 7. Indenxnity..Applicant agrees to indemnify, defend (with counsel approved by'I.Iown) and hold the Town and its respective elected and appointed officers, officials, employees, agents, consultants, and contractors (collectively, the "Indemnitees") harmless from and against all liability, loss, cost, expense (including without limitation attorneys' fees and costs of litigation), clainx, demand, action, slut, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively "Claims") which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, Applicant's perforinaace of their obligations under this .Agreement: prior to the Town approving and accepting dedication of the Vinedo Laine Sanitary Sewer Main Extension. Applicant's .incl.enl.11.1fication obligations set forth..in this Section shall .not apply to the extent of Claims al:.isirlg from the gross negligence or Nvillful misconduct of the Indemnitees. S. Waiver of Claims for Potential Subsequent Users and Reimbursements. Applicant hereby on behalf of himself and his respective successors and assigns, knowingly and voluntarily release and forever discharge, to thee full extent permitted by law, the Town, of and frorsl, any and all claims, actions, causes of action, demands, rights, damages, costs, expenses, including attorney's fees, and conipensatlon whatsoever, relating to any potential subsequent sewer users of the Vinedo Lane Sanitary Sewer Force Main Sleeve Extension, including any claims to collect any future sewer fugue user fees and reimbursements. Applicant ftuther agrees not to sue, file a claim, or institute any other proceedings against the Town for any and all liability, claims, loss, damages, expenses and costs related to any cla.in7 that may be filed for the collection of subsequent sewer user reirnburse.i.nen.ts or fees. 9. Cost Reimbursement. Applicant assumes full responsibility for all costs incurred by th.e 'I'ow.1 in. relation to the administration of this Agreement, including, but not limited to, charges :for outside consultants such as the Town's consulting engineer and the City Attorney, among others. A. Cost Reimbursement Agreement will not be considered before acceptance of the Project. 10. Defaults. In the event a Party believes another Party has breached any provision of this Agreement, the non -defaulting Party shall give written notice to the defaulting Party specifying the grounds of the alleged breach. The defaulting Party shall have thirty (30) clays to cure the alleged breach or begin cure if the breach cannot be cured within thirty (30) days and shall diligently continue to cure until con pl.ete. In the event a breach is not cured within the time provided or fails to diligently continue to cure, the defaulting party shall be deemed in default. 11. Amendment. This Agreement or any portion. hereof may be amended or modified, except where otherwise provided in this .Agreement, only by mutual consent of the Parties in writing. 12. Termination. This Agreement shall automatically terminate upon the 'Town accepting the dedication of the Vinedo Lane Sanitary Sewer Force Malin Sleeve Extension. After termination, the Parties shall execute such additional documents as are reasonably required by a title company to remove, this .Agreement as an encumbrance. 13. Successors and Assigns. The covenants, obligations and agreements contained in this .Agreement shall be binding upon and .inure to the benefit of the Parties and their respective heirs, personal representatives, successors and assigns, successors -in -interest, as the case may be. 14. Notices. All written. notices .required to be given pursuant to the terms hereof shall be sent by (a) personal delivery, (b) a nationally recognized overnight courier service, or (c) United States first class mail, registered or certified return receipt requested and postage prepaid as expressly provided herein. All notices shall be addressed as follows: 'I'o Town: 'Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attn: City Manager 'I"o Applicant: Prithipal. Singh. 25751 Vinedo I.Ane, I.os Altos Bills, CA 94022 The foregoing addresses may be changed by written notice. All notices shall be deemed received upon receipt or the date indicated on any return receipt or other receipt of delivery. '15. Entire Agreement. This Agreement contains the entire understanding of the parties and Supersedes any and all other written or oral understandings. 16. No Beneficiaries. No third party, Individual, organizattions, persons or entity besides the Parties to this Agreement has any rights or reinedies under t1iisAgreenient. 17. Incorporation. The recitals set forth above and exhibits attached hereto and referred to herein are incorporated into this Agreement.. 18. Governing Law. This Agreement shall be enforced and interpreted under California's laws and judicial decisions without giving effect to its conflicts of law provisions. 19. Headings. Section. headings are for reference purposes only -and do not affect this Agreement. 20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed. an original, but all of which, taken together, shall constitute one and the saine instrument.. This Agreement may be delivered to all Parties by facsimile or other form of electronic transmission. 21. Severability. If any part of this Agreeinent is invalid or unenforceable, then the remainder of this .Agreement shall remain valid and enforceable and in force and effect. 22. No Waiver. A waiver by any Party of a default by another PartT is only effective against a Party that waives such default in writing and shall not be construed as a waiver of any other default. 23. Knowing and Voluntary Execution. Both parties to this Agreement have had the opportunity to be advised by and to have this Agreement reviewed by legal counsel of their choosing. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written by their duly authorized representatives. APPLICANT B3 :&a 25751 `'inedo Louie Prithipal Singh OF .LOS ALTOS I TILLS ju.+IAVy ?"wi i.so ti 365 exp: IV.� 12, 7-02g Sea 1 P' ge j cin- Manager �1/►T�1 ��, �i ll �(pno er 1PPROVED AS TO FORM: Steve ?Mattes Cite .AttorneV A'.C'I'EST: &Lt a Birdsong-;AMiller City Clerk ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of.1., On before me, (here insert name and title of the officer) personally appeared v.4; yrs 1 i /•� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ' (Seal) CHRISTIAN HERNANDO Notary Public • California y Santa Clara County t Commission # 2504365 a My Comm. Expires Nov 12, 2028 EXHIBI'll A. Vinedo ll,aae Sanitary Sewer Force Mail] Sleeve. Extension. 1,ocattorl [see attached] EXHIBIT "A" -I- EXHIBIT A VINEDO LANE FORCE MAIN SLEEVE EXTENSION 1 25751 I II (II I 25732 lu 1 �---- - A 1 – P _ 25621 25611 __� � — � 25712 J_x 25623 25961 \ 1, � f PROJECT SITE' MH1032 25631 H1011 25627 25901 - KMH11105bi3�r . _._ ®_. __---___7 ®nKKMH1115/ 25625 T 2559 25617 LOCATION MAP EXHIBIT PLANS AND SPECIFICATIONS [see attached] EXH11311"'B" _ I- 11 A W W r U^) 1..1.. \W O U z� o?aaaaa aaasoms�oW000m¢mNNaFo;§k'S oo7F��m> K. W -590 �E�_aaa�aaa vamaaemae�sa s�G��U"�-�_ecs��.��3 a p O 'W3 =0 ..O02m> J AS O N O o .2n. STamp:Ys Wow _ 3 ea..mmmm"o 000WWdw w� W LLMC ZR _6 0 CO Baa C7 3 z i i r _ n w II4 � I a a ! 2 a5 N 3 c G S A s s s 3 Rod a S a sk gS i v �� g 3 I E _ d 4€ gi,W 4F.z yy „gEb9 o g W S Y �s Nzz rmF�8g4 A W W r U^) 1..1.. \W O U z� o?aaaaa aaasoms�oW000m¢mNNaFo;§k'S oo7F��m> K. W -590 �E�_aaa�aaa vamaaemae�sa s�G��U"�-�_ecs��.��3 a p O 'W3 =0 ..O02m> J AS O N O o .2n. 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