HomeMy WebLinkAboutReso 65-2020 (20-300)Y City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 65-2020
File Number: 20-300 Enactment Number: RES 65-2020
RESOLUTION APPROVING AN OUTSIDE SEWER SERVICE
AGREEMENT WITH THE PROPERTY OWNERS OF 340 ALTA
VISTA DRIVE (APN # 013-121-040), AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT FOR
RECORDATION.
WHEREAS, the City has received a request from Robert Wong and Sharon Cheong-Wong, owners of
the assisted living facility at 340 Alta Vista Drive (APN 013-121-040) (the "property"), to authorize a
sewer flow increase from the property to the City of South San Francisco's ("City") sanitary sewer
system; and
WHEREAS, the property is located within the unincorporated portion of San Mateo County ("County"),
commonly known as the Country Club Park subdivision, which is outside the jurisdictional boundaries
of the City but inside the City's sphere of influence; and
WHEREAS, the property currently receives sewer service from the City pursuant to a Sewer Service
Permit, recorded on April 4, 1994 (San Mateo County Recorder Permit No. 94059479) ("1994 Sewer
Permit"); and
WHEREAS, the 1994 Sewer Permit authorizes the property to discharge into the City's sanitary sewer
system for a flow capacity of a single family dwelling, a convent and accessory building for
approximately 35 residents and a sanctuary, but requires sewer connections for any other types of facility
be subject to additional City approval; and
WHEREAS, the owner desires to expand the facility to a 53 -bed assisted living facility, which would
exceed the previously permitted sewer flow under the 1994 Sewer Permit; and
WHEREAS, in order to assist residents of the County Club Park area eliminate obsolete septic systems
and move forward with related property improvements prior to annexation of the area to the City, the
City has entered into several outside sewer service agreements with various property owners in this area
to permit them to connect to the City's sewer system subject to certain conditions of cost-sharing,
infrastructure construction and consent to future annexation; and
WHEREAS, the Outside Sewer Service Agreement ("Agreement"), attached hereto and incorporated
herein as Exhibit A, addresses issues relating to extending sewer service to unincorporated County area
such as waiving future protests against proposed annexation, payment of sewer connection and service
fees, cost -share of public improvements and additional sewer facilities needed to serve the area, and
construction and maintenance of a sewer lateral for the property; and
City of South San Francisco
File Number: 20-300
Enactment Number. RES 65-2020
WHEREAS, the Agreement has been reviewed and accepted by the property owners; and
WHEREAS, staff' recommends approval of the Agreement to be executed with the property owner of
340 Alta Vista Drive (APN # 013-121-040).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that
the City Council approves an Outside Sewer Service Agreement, attached hereto and incorporated herein
as Exhibit A, to be executed with the property owner at 340 Alta Vista Drive (APN # 013-121-040).
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on
behalf of the City of South San Francisco and to make minor amendments and modifications thereto that
do not substantially alter the terms of the agreement or increase the City's obligations, subject to
approval by the City Attorney, and to record the agreement in the San Mateo County official records
upon execution.
BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its passage
and adoption.
At a meeting of the City Council on 5/27/2020, a motion was made by Councilmember Nagales, seconded by
Councilmember Nicolas, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by �U/ a,�A
Vii' : Rosa Uovea Acosta, City Clerk
City of South San Francisco
3514939.1
Recorded at the Request of,
and Return to:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Exempt from Recording Fees
per G.C. secs. 6103, 27383
Re: APN: 013-121-040
OUTSIDE SEWER SERVICE AGREEMENT
RECITALS
WHEREAS, the City of South San Francisco, California, a municipal corporation
(“City”) owns and operates public sewer facilities within its boundaries; and,
WHEREAS, _____________________________________ (“Owner”) are the owners of
property located at 340 Alta Vista Drive County of San Mateo (“Parcel”), which property is
outside the boundaries of the City and is therefore not entitled to connect to or use City’s sewer
facilities, but is within the City’s Sphere of Influence as defined under state law; and,
WHEREAS, the property is identified as APN 013-121-040 by the San Mateo County
Assessor; and,
WHEREAS, the Parcel is currently serviced by the City pursuant to a Sewer Service
Permit dated February 2, 1994, recorded against the Parcel and identified in the County of San
Mateo Recorder’s Office file as Permit No. 94059479 (the “1994 Sewer Permit”), attached
hereto and incorporated herein as Exhibit A; and
WHEREAS, the 1994 Sewer Permit authorizes the Parcel to connect to the City’s sewer
facilities for the discharge into the City’s sanitary sewer system for flow capacity of a single
family dwelling, a convent and accessory building for approximately 35 residents and a
sanctuary; and
WHEREAS, the 1994 Sewer Permit specifies that that discharge from any other type of
facility requires City approval; and
WHEREAS, Owner currently operates a 26-resident senior living facility on the Parcel,
which sewer discharge is within the flow capacity permitted by the 1994 Sewer Permit; and
WHEREAS, Owner desires to expand said facility to accommodate 53 residents, which
sewer discharge would exceed the permitted flow capacity under the 1994 Sewer Permit; and
3514939.1
WHEREAS, Owner desires the Parcel to receive additional sewer services from the City
for the proposed facility expansion; and,
WHEREAS, City has agreed to provide additional sewer services and permit the
additional flow capacity from the Parcel subject to the terms and conditions of this Outside
Sewer Services Agreement (“Agreement”); and
WHEREAS, on _____________________, the City Council of the City adopted a
Resolution approving this Agreement; and
WHEREAS, Owner understands that any future annexation to the City is subject to any
and all City rights and determinations, whether legislative, quasi-judicial, administrative, or
however characterized, with respect to any proposed annexation of the Parcel to the City.
Now, therefore, City and Owner agree as follows:
AGREEMENT
Owner is hereby authorized to connect to City’s sewer line, located within the right of way
running along Dorado Way, subject to the following conditions:
1. Consent to Future Annexation. In the event the Parcel shall be proposed for annexation to
the City, Owner hereby consents to said annexation, and hereby waives Owner’s rights to protest
such annexation pursuant to the provisions of law governing such annexations.
a. Taxes or Other Charges. In the event annexation of the Parcel to the City shall be
duly approved by all agencies having jurisdiction thereof, Owner agrees that the
Parcel shall be subject to any and all general, special, extraordinary, or additional
taxes or assessments, or any and all general, special extraordinary, or additional
service charges, fees, or rates, levied against, imposed upon, or otherwise pertaining
to the Parcel by any and all agencies, including the City, having jurisdiction thereof in
the same fashion as other like property located within the territorial limits of the City.
2. Improvements in the Event of Annexation. If a request for annexation is approved by the
San Mateo Local Agency Commission (“LAFCo”) the Parcel is annexed to the City of South San
Francisco, Owner, on behalf of themselves, their successors and assigns, agrees to comply with
either of the following conditions:
a. Design and construct public improvements including sidewalk, curb and gutter
improvements for the Parcel. Accordingly, Owner shall, upon the request of City an
in a form provided by the City, execute a subsequent Deferred Improvement
Agreement guaranteeing the construction of such public improvements and
compliance with other permitting, security, and regulatory requirements for
constructing the improvements. A form Deferred Improvement Agreement template
is attached to this Agreement as Exhibit B and incorporated herein by this reference.
The City and Owner, or the successor owner of the Parcel if Owner no longer owns
the property at the time of annexation, shall meet and confer at the time of the
3514939.1
proposed annexation to determine the applicable City standards, and requirements for
constructing public improvements for the Parcel. Or, alternatively,
b. Pay for the design and construction of public improvements including sidewalk, curb
and gutter improvements for the Parcel, by paying a one-time charge, hereafter called
a “public improvements fee,” for the purpose of funding construction of said
improvements from the property to the centerline of the street or roadway, covering
one-half of the street or roadway. The public improvements fee shall be a figure
representing the cost of constructing such improvements from the property to the
centerline of the street or roadway. Thus, as an example only, if the cost for
constructing a sidewalk, driveways, curbs, gutters, two-inch grind overlay to the
centerline, design costs, and contingency for a property is estimated to be $244 per
foot, the cost of constructing said improvements would be approximately $51,500.
3. Owner, on behalf of themselves, their administrators, heirs, assigns, and transferees,
agrees to pay a pro-rata share of construction of new sewer facilities installed, owned and
operated by City, if the City secures the funding for such facilities, for the purpose of providing
sewer service to the area, including the Parcel, known as Country Club Park.
a. Accordingly, Owner agrees to participate in an assessment district to fund
construction of new sewer facilities serving the Parcel, or
b. Alternatively, pay a one-time charge, hereinafter referred to as the “frontage fee”, for
the purpose of funding construction of said new facilities. The frontage fee shall be a
figure representing one-half of the cost of said improvements, apportioned to each
parcel served in a pro rata fashion, and then applied to individual parcels according to
the amount of each parcel’s frontage to the City’s facilities, measured in lineal feet.
Thus, as an example only, if the frontage fee were established in the amount of $244
per foot, a parcel that has 100 feet of frontage will pay $24,400.
4. Owner agrees to pay a one-time sewer capacity fee and a sewer services fee as follows:
a. Owner will be charged, and shall pay, (1) a one-time sewer capacity fee for the
proposed increase in flow; and (2) an annual sewer service charge, both under then-
applicable schedules of rates and charges, as may be amended from time to time.
b. Should Owner fail or refuse to pay the sanitary sewer charges required herein on or
before the due date, the City may elect to collect said charges by commencement of a
suit within 30 days after demand for payment and Owner shall pay all costs of the
suite and reasonable attorney’s fees incurred therewith. As an alternative remedy, the
City may require Owner to disconnect from the City’s sanitary sewer system at
Owner’s sole cost and expense.
5. The sewer connection and subsequent service provided under this Agreement is limited to
existing legal lots of record as of _____________________, or lots existing on the Parcel as of
the date of this Agreement, whichever is fewer. City is under no obligation to provide additional
hookups or service to subsequently created lots on the Parcel. This requirement is not intended
3514939.1
to prohibit a lot line adjustment, so long as it does not result in creation of lots exceeding in
number the lots which existed on the Parcel on _____________________, or lots existing on the
Parcel as of the date of this Agreement, whichever is fewer.
6. The Owner shall pay for all City costs in connection with preparing and processing this
Agreement, and with processing the Owner’s application for sewer services. The Owner shall
deposit with the City $5,000 to cover initial cost and pay the remainder of any costs over $5,000
prior to recordation of the Agreement by the County of San Mateo. The deposit shall not be
refundable if Owner withdraws the application after making the deposit.
7. Owner shall conform to the current City standards for sewer lateral construction,
maintenance and inspection including those set forth under South San Francisco Municipal Code
Chapter 14.14, most currently in effect and as may be amended from time to time, between the
City main and the Parcel. Owner shall be responsible for the costs necessary to perform any
inspections, testing, repairs, reconstruction, replacement, and/or clean out installation as required
by the City Engineer to conform the sewer lateral to current City standards.
8. For all future developments and constructions on the Parcel, Owner agrees to conform to
the relevant height, aircraft noise, and safety policies and compatibility criteria contained in the
most recently adopted version of the San Mateo County Comprehensive Airport Land Use Plan
for the environs of San Francisco International Airport.
9. Owner shall and does hereby agree to hold the City, its officers, agents and employees
free and harmless from any claim or action arising out of this Agreement, and the said
connection to the City’s sanitary system and/or the connection into the City’s sanitary sewer
system, and owner shall and does hereby agree to defend any or all such claims and actions and
to indemnify the City for any losses sustained as a result thereof.
10. The covenants and conditions contained in this Agreement shall inure to the benefit of
and bind the respective parties hereto and their successors, heirs, assigns, and transferees, and all
covenants shall apply to and run with the land.
11. City and Owner agree that a copy of this Agreement shall be recorded with the County
recorder of San Mateo County to give constructive notice of its terms, and that this Agreement
shall not be effective until such recording.
12. This Agreement represents the final expression of the parties hereto with respect to the
included terms and as a complete and exclusive statement of the terms of the Agreement. No
modification of this Agreement shall be effective unless and until such modification is evidenced
by a writing signed by both parties.
13. CAPTIONS. Paragraph headings as used herein are for convenience only, and shall not
be deemed to affect the meaning or intent of the paragraph headed thereby.
IN WITNESS WHEREOF,
the parties have executed this Agreement, as of the date set forth below.
3514939.1
CITY OF SOUTH SAN FRANCISCO
___________________________________
Charles Michael Futrell, City Manager
ATTEST
___________________________________
Rosa Acosta, City Clerk
APPROVED AS TO FORM
___________________________________
City Attorney
PROPERTY OWNER(S)
____________________________________
(signature)
______________________, Property Owner
(printed name)
____________________________________
(signature)
______________________, Property Owner
(printed name)
EXHIBIT A
Recorded at the Request of,
and Return to:
Exempt from Recording Fees
per G.C. secs. 6103, 27383
Re: APN: ____________________________
DEFERRED IMPROVEMENT AGREEMENT FOR OUTSIDE SEWER SERVICES
This Deferred Improvement Agreement (“Agreement”) is made and entered into this
________ day of ______________, 2019 (“Effective Date”), by and between City of South
San Francisco (hereinafter the "City"), and______________ (hereinafter "Owner"). The City
and the Owner are collectively referred to herein as the “Parties.”
R E C I T A L S
A.Owner owns certain real property located in the City of South San Francisco,
County of San Mateo, State of California, commonly referred to as APN: _______________.
The parcel is hereinafter referred to as the “Subject Property”.
B.The Subject Property is outside the boundaries of the City and is therefore not
entitled to connect to or use City’s sewer facilities, but it is within the City’s sphere of
influence as defined by state law.
C.The Owner desires to utilize the Subject Property’s existing sewer connection
in order to receive sewer services from the City, and the City and Owner have executed an
Outside Sewer Service Agreement, attached hereto and incorporated as Exhibit A.
D.A condition pursuant to the Outside Sewer Service Agreement for the Subject
Property require the Owner to complete the following public improvements:
_________________________________________________________________________
(hereinafter the “Improvements”) upon annexation of the Subject Property to the City. Owner
shall be responsible for the cost of designing and constructing the Improvements when
requested by the City as outlined in Section 2 below.
E.City requires Owner to enter into this Agreement to ensure that the
Improvements shall be designed and constructed by Owner pursuant to the terms hereof upon
annexation of the Subject Property to the City. City also requires Owner to obtain all
EXHIBIT B
necessary permits for access and construction of the Improvements, and to enter into any
other necessary agreements to allow for the construction of the Improvements.
F. Owner is willing to enter into this Agreement to design and construct the
Improvements at a later date upon annexation of the Subject Property to the City, and under
the terms and conditions set forth herein.
A G R E E M E N T
NOW, THEREFORE, BE IT AGREED as follows:
1. RECITALS. The foregoing recitals are true and correct and are incorporated
into this Agreement by this reference.
2. IMPROVEMENTS TO BE CONSTRUCTED. Owner agrees to design and
construct or cause to be constructed the Improvements outlined in Recital D above. The
Improvements shall conform to all applicable local, state and federal laws, and standards in
effect at the time of construction, and shall be completed in a manner satisfactory to the City
Manager or designee.
3. TIME OF CONSTRUCTION. Owner’s obligation to design and construct or
cause to be constructed the Improvements shall commence upon a request for annexation is
approved by the San Mateo Local Agency Commission (“LAFCO”) and the Subject Property
is annexed to the City of South San Francisco. Upon annexation of the Subject Property,
Owner shall design and construct or cause to be constructed the Improvements within the
time set forth in a written demand from the City Manager or designee, who shall have the
sole and exclusive right and power to determine the date at which construction of the
Improvements shall commence and be completed; provided, however, that Owner shall be
given at least _____ days after notification to complete the work.
4. COST OF CONSTRUCTION. The Improvements shall be designed and
constructed at the sole cost and expense of Owner, and Owner shall pay such connection,
inspection, and other fees as shall at the time be required by any ordinance and resolutions of
the City. The total estimated cost of construction is _______________ ($______________),
which includes costs of constructing the Improvements and for inspection, testing, permits,
and City administration.
5. APPROVAL BY THE CITY. All work required under this Agreement shall
be subject to inspection by the City and shall not be deemed complete until the City has
indicated in writing that the Improvements have been completed in a satisfactory manner and
in accord with all applicable local, state, and federal standards then in effect.
Notwithstanding the foregoing, City inspection, approval or acceptance of the Improvements
shall not relieve the Owner of its obligations to fulfill this Agreement as provided herein, nor
shall the City be estopped from bringing any action for damages arising from Owner’s failure
to comply with the terms and conditions of this Agreement.
6. ONE YEAR REPAIR AND WARRANTY PERIOD. For a period of one
year from the date the City approves the completed Improvements, Owner agrees to maintain
the Improvements and repair any defects or unsatisfactory work to the reasonable satisfaction
of the City Engineer. The City shall provide written notice of any repair or correction work
which, in the reasonable opinion of the City Engineer, must be completed. If within the one-
year period Owner fails, refuses or neglects to complete any such repairs or corrections
within 30 days of receipt mailing by Owner of written notice from the City, or such
reasonably longer period if the repair or correction work cannot be reasonably completed
within such 30 day period, the City may complete the work and recover the reasonable cost
and expense of doing so from Owner, including proceeding against the security posted by
Owner as required in section 6 below.
7. SECURITY
a. Owner will be required, prior to commencing construction of the
Improvements and at the sole discretion of City, to execute and deliver to City the following
bonds:
(1) Faithful Performance Bond. Owner shall submit a corporate surety bond in
the amount of 100% of the total estimated cost of construction of the Improvements indicated
in Section 3, guaranteeing the faithful performance of this Agreement. The bond shall be
executed as surety by a corporation authorized to issue surety bonds in the State of California
and shall be in a form and with a surety approved by the City Attorney. Any additions,
alterations or modifications to this Agreement or the plans and specifications including any
extension of time within which the Improvements may be completed, shall not release or
exonerate the surety(ies) on the bond.
(2) Labor and Materials Bond. Owner shall submit a corporate surety bond in the
amount of 100% of the total estimated cost of construction of the Improvements as indicated
in Section 3, guaranteeing the payment of all persons for labor or materials furnished in the
construction of the Improvements. The bond shall be executed as surety by a corporation
authorized to issue surety bonds in the State of California and shall be in a form and with a
surety approved by the City Attorney.
(3) Maintenance Bond. Before the City’s acceptance of the Improvements,
Owner shall deposit with the City either cash or an acceptable corporate surety bond in the
amount of 50% of the estimated cost of construction of the Improvements indicated in
Section 3, as security for maintenance of the Improvements and to guarantee the
Improvements against any defective work or labor done, or defective materials used in the
work.
b. As a part of the obligation guaranteed by the security, and in addition to the
full amount of the security, there shall be included costs and reasonable expenses and fees,
including attorneys’ fees, incurred by the City in enforcing the obligations secured.
8. OWNER'S WARRANTY. The undersigned warrants to City that Owner is
the sole titleholder to the Subject Property, and that the signatory is authorized to execute this
Agreement on behalf of the Owner.
9. ENCROACHMENT PERMIT; OTHER PERMISSIONS; PREVAILING
WAGES.
a. Encroachment permit. For any work done in the public right-of-way, Owner
shall obtain an encroachment permit from the City and shall, at its sole cost, furnish the City
with the required certificates of insurance and endorsements for review and approval by the
City before the start of any work, and shall maintain insurance throughout the duration of the
Agreement. Owner will obtain any and all other permits that may be required to complete
the Improvements, including, but not limited to, permits from __________________.
b. Prevailing wages. If it is determined that Owner is required to pay prevailing
wages for the work performed under this Agreement, the Owner shall pay all penalties and
wages as required by law.
10. HOLD HARMLESS. To the fullest extent permitted by law, Owner shall
hold harmless and, upon request, promptly and fully protect, defend and indemnify City and
its officers, agents, and employees from any liability or claims, including any actions at law
or equity, for personal injury, including death, to any person or damage to any property
arising out of the acts or omissions of Owner or of any officer, agent or employee of Owner
or any contractor or subcontractor of Owner during (i) the construction or subsequent use of
the Improvements, or (ii) caused in whole or in part by any activity authorized or required by
this Agreement, or the performance or nonperformance of the work.
11. DEFAULT.
a. Owner shall be deemed to be in default of this Agreement if Owner or any
officer, agent or employee of Owner fails to comply with any of the provisions of this
Agreement and to remedy such failure within ten (10) calendar days of receipt of written
notice from City specifying the nature of such failure. The determination as to whether such
default has occurred shall be made by the City Manager or designee.
b. If the default relates to a failure of Owner to complete the Improvements in
accordance with the terms of this Agreement, City may, after first giving the Owner at least
ten (10) days prior written notice of its intent to do so, elect to construct or arrange for the
construction of the Improvements on behalf of and at the expense of Owner. Should City
elect this option, City shall be entitled to recover from Owner the actual cost to City of
completing the Improvements, plus an administrative fee of 5% of the actual cost. City shall
make a written demand for such costs and fee on or after the time the Improvements are
deemed complete. In the event Owner fails to pay the costs and fee so demanded within ten
(10) days of receipt of the demand, the amount of the costs and fee shall become a personal
obligation of the Owner and a lien against the Subject Property. City may enforce such a lien
by judicial foreclosure or any other proceeding authorized by law. If the Subject Property is
subdivided at the time the lien is imposed, the amount of the lien shall be divided
proportionately among the various parcels.
c. In the event that City serves a notice of default upon Owner’s surety, Owner’s
surety shall have the duty to take over and complete the Improvements herein specified;
provided, however, that if the surety, within five (5) days after such notice by City fails to
provide City with a written acknowledgment that the surety will take over and complete such
Improvements, then by further written notice to the surety by City, City may elect to take
over the work and prosecute the same to completion, by contract or by any other method City
may deem advisable, for the account and at the expense of the Owner and Owner's surety.
Owner and Owner's surety shall be liable to the City for any cost or damages occasioned City
thereby, including those costs and reasonable expenses including attorneys’ fees; and in such
event, City, without liability for so doing, may take possession of, and utilize in completing
the Improvements, such materials, appliances, plans and other property belonging to Owner
as may be on the site of the work and necessary therefore.
12. ATTORNEY FEES. Should it become necessary for either party hereto to
institute legal action against the other to enforce any part of this Agreement or any lien
arising thereunder, all reasonable costs and expenses incurred by the prevailing party in
successfully enforcing this Agreement or lien shall be paid by the non-prevailing party,
including reasonable attorney fees. All such costs, expenses and fees shall be taxed as costs
and included in any judgment rendered, and may also become a lien on the Subject Property.
13. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. The
provisions of this Agreement are for the benefit of the Subject Property as well as for the
protection of the health, safety, and welfare of the residents of the City. For this reason, such
provisions are intended to bind, and shall bind the heirs, executors, administrators, grantees
and any other assignees or successors in interest of the Owner; and any burden imposed by
such provisions shall run with the Subject Property.
14. RECORDATION. Immediately following execution, this Agreement shall be
recorded by City in the Official Records of the County Recorder of the County of San Mateo.
15. NOTICES. All notices given by City to Owner pursuant to Paragraphs 2 and
10 of this Agreement shall be by personal service or sent by certified or registered mail,
return receipt requested, with delivery restricted to addressee only. The date of delivery on
the return receipt shall be conclusive upon all parties to this Agreement. All other notices,
demands, requests, consents, approvals or communications that either party desires or is
required by this Agreement to give to the other shall be in writing and either served
personally or sent by prepaid, first-class mail. Notice mailed in this manner shall be
conclusively deemed communicated within forty-eight (48) hours from time of mailing.
Either party may change its address by notifying the other party in writing. Until notification
of such change has been received, all notices sent under this Paragraph shall be addressed as
follows:
Owner: xxx
Attn: xxx
xxx
xxx
City: City of South San Francisco
Attn:
xxx
xxx
16. INTERPRETATION. The parties agree that they have carefully reviewed this
Agreement, have consulted independent counsel if they saw fit or have independently elected
not to do so. The doctrine that any ambiguities in a contract are to be resolved against the
drafting party, shall not be employed in the interpretation of this Agreement or any
amendments or exhibits hereto. This Agreement shall be interpreted and construed according
to the domestic laws of the State of California, without regard to the choice of law doctrine.
17. SEVERABILITY. If any part, term, or provision of this Agreement is held by
any court to be unlawful and void, the validity of the remaining portions shall not be affected
and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term or provision held to be invalid.
18. MODIFICATION. This Agreement may be modified or amended only with
the prior written consent of the parties, or their successors in interest. Such modifications
and amendments shall be executed with the same formality as this Agreement, shall be
recorded, and shall be interpreted as provided in this Agreement.
19. EFFECTIVE DATE. This Agreement shall become effective on the date of
execution, which shall be deemed to be the date first written above.
20. QUITCLAIM DEED. Upon performance of Owner’s obligations under this
Agreement, City agrees, if requested by Owner, to execute, acknowledge and deliver a
quitclaim deed to Owner within thirty (30) days after performance and to execute,
acknowledge and deliver any other documents required by any title company to remove the
cloud of this Agreement from the title to the Subject Property.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this Agreement
on the date hereinafter indicated.
[SIGNATURES ON THE FOLLOWING PAGE]
CITY
____________________________________
Charles Michael Futrell, City Manager
ATTEST
____________________________________
Rosa Acosta, City Clerk
APPROVED AS TO FORM
____________________________________
City Attorney
Owner
____________________________________
[NAME], Property Owner
3380057.1