ATTACHMENT #2
DPW: 420-89\jt\etm\C:\inetpub\wwwroot\multitenant\Uploads\Temp\toaks\tempForConvert\temp_03032D.docxPage 1
OUT OF AGENCY SERVICE AGREEMENT
BETWEEN THE CITY OF THOUSAND OAKS
AND
DIANA VIZCAINO
FOR 1983 RUDOLPH DRIVE
(ASSESSOR PARCEL NUMBERS 673-0-160-210)
THIS AGREEMENT is made and entered into this 27th day of February 2024, and between the CITY OF THOUSAND OAKS, a municipal corporation of the state of California (herein referred to as “City”), and DIANA VIZCAINO, of certain property located in the unincorporated territory of the county of Ventura (herein referred to as “Owner”).
Whereas, the Owner owns the property located in the unincorporated territory of the county of Ventura that is described and depicted in the legal description and plat attached hereto marked Exhibits “A” and “B” and by this reference incorporated herein (herein referred to as “Property”); and, Whereas, the Property is currently unimproved, and the Owner is proposing to improve the Property by constructing one single family residence on the Property (herein referred to as “Property Improvements”); and, Whereas, the Owner has applied to City for authorization to connect the Property Improvements to the potable water system and wastewater system that is owned and operated by City for the benefit of property located within the service area of the City; and,
Whereas, in accordance with State law, City is authorized to provide potable water and wastewater service to property located outside of the incorporated territory and within certain areas of the unincorporated area known as Ventu Park; and,
Whereas, City has determined that Owner’s use of the Property for the Property Improvements described herein conforms to the water and wastewater service criteria set forth in the City of Thousand Oaks Municipal Code (“Code”); and,
Whereas, by this Agreement, Owner undertakes to comply with all other requirements and agrees to all other covenants provided for in the Code and other policies of the City that constitute further conditions on the provision of City water and wastewater service to property located outside of the service area of the City.
DPW: 420-89\jt\etm\C:\inetpub\wwwroot\multitenant\Uploads\Temp\toaks\tempForConvert\temp_03032D.docxPage 2 Now, therefore, City agrees to provide water and wastewater service to the Property, and Owner agrees to accept water and wastewater service on the Property from City subject to all of the conditions set forth herein:
1. OWNER’S USE OF WATER
The City water and wastewater services provided pursuant to this Agreement shall be used on the Property for the Property Improvements described herein and for no other purpose.
2. WATER/WASTEWATER MAIN EXTENSIONS; OTHER PUBLIC
FACILITIES
Connection of the Property Improvements to the City water and wastewater systems shall be made in conformance with the California Plumbing Code, as well as the City’s Water and Wastewater Design and Construction Standards, and with any other City policies or requirements applicable thereto. Existing water and wastewater main lines and the paved road to provide access and egress for the maintenance of said mainlines currently exists in front parcel 673-0-160-210. An existing 1-inch water service and a 4-inch diameter wastewater lateral are shown on City drawing #03-018A.
3. WATER METER AND SERVICE LINE REQUIREMENTS
The water service to a single-family residence shall be 1-inch in diameter.
The appropriate size of the water meter shall be determined by the water demand of the plumbing fixtures and the fire flow demand of the fire sprinkler systems, whichever is greater. A 1-inch water meter shall be required if [1] the water service is intended to provide water to five or more bathrooms, and/or [2] the fire flow requirement is greater than 32 gpm. Restrooms, powder rooms, three-quarter baths, and half-baths shall be counted the same as full bathrooms for the purposes of determining the size of the meter.
4. WASTEWATER LATERAL REQUIREMENTS
The size of the existing wastewater main is eight inches in diameter. The proposed improvements shall be served by a minimum of one 4-inch wastewater lateral.
DPW: 420-89\jt\etm\C:\inetpub\wwwroot\multitenant\Uploads\Temp\toaks\tempForConvert\temp_03032D.docxPage 3
5. WATER/WASTEWATER CONNECTION FEES AND SERVICE FEES
Previous owner R. Lee paid required water and wastewater connection fees per permit 13149 dated August 26, 2020.
In addition, at all times that the Property and/or Property Improvements remain connected to the City water and/or wastewater system, Owner will pay to City all periodic rates and charges for on-going water and wastewater service required by Title 10 of the Code, or any other duly adopted ordinance or regulation of the City.
6. ADDITIONAL CONDITIONS OF WATER SERVICE
Owner agrees to comply with all system wide regulations now or hereafter adopted by City bearing on the provision of potable water to property and improvements connected to City water system, specifically including, but not limited to, the system wide regulations adopted in Title 10 of the Code.
In addition, Owner agrees that the water service provided pursuant to this Agreement is being provided on an “as-available” basis. Owner understands that in a time of water shortages, City will be entitled to reduce or even interrupt such water service, all as determined by City in its sole discretion.
Water service to said property is recognized by LAFCO through merger of the City and WW District #6 per Chapter 434 of Statues – July 8, 1969.
7. ADDITIONAL CONDITIONS OF WASTEWATER SERVICE
Owner agrees to comply with all system wide regulations now or hereafter adopted by City bearing on the provision of wastewater to Property and Property Improvements connected to City wastewater system, specifically including, but not limited to, the system wide regulations adopted in Title 10 of the Code.
City drawing #03-018A indicates an existing wastewater lateral installed to the property line. Applicant must demonstrate to the satisfaction of the Department that the lateral is in acceptable condition (no broken pipe, no root intrusion, etc.).
This can best be done by utilization of a television video from a point on the subject property to the main, or by excavating the lateral at the property line and making a visual inspection of the lateral. Other methods may be utilized but are subject to Department approval.
If the lateral is acceptable to the Department, it may be used; where it is not acceptable, a replacement lateral must be constructed or the existing lateral renovated (such as by use of pipe bursting technology). Laterals that are not appropriate for re-use must be abandoned at the main under Department inspection.
DPW: 420-89\jt\etm\C:\inetpub\wwwroot\multitenant\Uploads\Temp\toaks\tempForConvert\temp_03032D.docxPage 4 Wastewater service to said Property is conditioned on the approval by LAFCO in the manner required by Section 56133 of the California Government Code. Owner shall pay any/all LAFCO fee(s) at the time of application.
8. ANNEXATION OF THE PROPERTY TO CITY
In the event the Property becomes contiguous to the incorporated boundaries of City subsequent to the date this Agreement is executed, and meets all other statutory standards required to annex the Property to the incorporated territory of City, the Owners will not oppose nor protest any proceedings commenced by City to annex the Property to the incorporated territory of City.
The Owner understands and agrees that this Agreement, and the covenants contained herein, is intended to be and shall act as a complete and irrevocable waiver of all rights to protest annexation of the Property to the incorporated territory of City pursuant to the provisions of the Cortese-Knox Local Government Reorganization Act of 2000 (commencing with Section 56000 of the California Government Code), or any other law of the state of California pertaining to City annexation proceedings, whether or not such protest rights are sought to be exercised as an owner of property that is the subject of annexation proceedings or as a registered voter residing on property that is the subject of annexation proceedings.
The Owner also agrees that any lease, rental agreement or other agreement, including a deed, hereafter executed by the Owners, or any person or persons succeeding to Owner’s interest in the fee title to the Property or any part thereof, that grants to a natural person or persons the right to possess and occupy the Property or any part thereof as a personal residence, shall contain the following covenant:
“This Agreement and the right of lessee or tenant to possess and occupy the property leased or rented pursuant to this Agreement shall be subject to the provisions of the Out of Agency Service Agreement that was executed and recorded against this Property at the time of and as a condition of connecting the Property to the water and wastewater system owned and operated by the City of Thousand Oaks. That Agreement contains a complete and
irrevocable waiver of any legal right to protest annexation of the Property leased or rented pursuant to this Agreement to the incorporated territory of the City of Thousand Oaks and is binding on all persons possessing or occupying such Property. That Agreement will preclude any person possessing and occupying the Property leased or rented pursuant to this Agreement from protesting annexation of such property to the incorporated territory of the City of Thousand Oaks either before the Ventura Local DPW: 420-89\jt\etm\C:\inetpub\wwwroot\multitenant\Uploads\Temp\toaks\tempForConvert\temp_03032D.docxPage 5 Agency Formation Commission, the City Council of the City of Thousand Oaks, or in any other manner authorized by the laws of the state of California pertaining to City annexation proceedings.”
9. VIOLATIONS
In the event City water and wastewater service is utilized on the Property or for the Property Improvements in violation of the provisions of this Agreement, including any condition on the provision of water service to the Property or the Property Improvements incorporated by reference into this Agreement, the City shall cause notice of the violation to be served on the Owners, the person(s) succeeding to Owner’s interest in the Property or that portion of the Property in violation of this Agreement, or the occupant(s) of the Property or portion of the Property in violation of this Agreement.
The notice of violation shall be served by first class mail addressed to such person(s) at their last known address, as evidenced by the mailing address of the last paid City water and wastewater service bill. The notice shall describe the nature of the violation and provide such person(s) with at least 15 days from the date of the notice to cure the violation.
In the event, such person(s) fails to cure the default within the time set forth in the notice of violation, the City Engineer or City’s Public Works Director shall impose administrative charges and/or discontinue water service to the Property as prescribed in the applicable City ordinance until such time as the violation has been cured.
A waiver by City of a violation of any provision of this Agreement shall not be deemed a waiver of any subsequent violation of the same or a similar provision, regardless of whether the violation is of the same or a similar character.
10. AGREEMENT RECORDATION/COVENANT RUNNING WITH THE
PROPERTY
Owner understands and agrees that the City shall record this Agreement against the Property and this Agreement will run with the Property and each part thereof until terminated in the manner provided herein and shall be binding on all persons or legal entities succeeding to Owner’s interest in and to the Property or any part thereof.
11. AGREEMENT TERMINATION
This Agreement and all of Owner’s rights to City water and wastewater service pursuant to the provisions of this Agreement shall terminate in the event a building permit authorizing construction of the Property Improvements has not been issued within one year following the date of this Agreement, or if a building DPW: 420-89\jt\etm\C:\inetpub\wwwroot\multitenant\Uploads\Temp\toaks\tempForConvert\temp_03032D.docxPage 6 permit issued for the Property Improvements has expired by reason of the fact that Owner has not diligently proceeded with construction of the Property Improvements authorized by the permit or any extension thereof.
In addition, this Agreement and all of Owner’s duties and obligations hereunder shall terminate upon annexation of the Property to the incorporated territory of City. In such time, Owner shall become entitled to receive City water and wastewater service on the Property subject to the same terms and conditions as any other owner of property located within the incorporated territory of City.
12. ENTIRE AGREEMENT
This Agreement represents the entire agreement between City and the Owners regarding the provision of City water and wastewater service to the Property and/or Property Improvements. No verbal agreement or representation regarding this Agreement or City water and wastewater service provided pursuant to this Agreement shall be held to vary the provisions of this Agreement.
In witness whereof, City and Owner have executed this Agreement in the County of Ventura, State of California, on the date and year first written above.
OWNER *
Diana Vizcaino
CITY OF THOUSAND OAKS
Al Adam, Mayor
ATTEST:
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
DPW: 420-89\jt\etm\C:\inetpub\wwwroot\multitenant\Uploads\Temp\toaks\tempForConvert\temp_03032D.docxPage 7 APPROVED BY DEPARTMENT HEAD:
__________________________
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
_____
Noel Doran, Assistant City Attorney
*INDICATES SIGNATURE(S) MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC DPW: 420-89\jt\etm\C:\inetpub\wwwroot\multitenant\Uploads\Temp\toaks\tempForConvert\temp_03032D.docxPage 8
EXHIBIT A
DPW: 420-89\jt\etm\C:\inetpub\wwwroot\multitenant\Uploads\Temp\toaks\tempForConvert\temp_03032D.docxPage 9
EXHIBIT B
DPW: 420-89\jt\etm\C:\inetpub\wwwroot\multitenant\Uploads\Temp\toaks\tempForConvert\temp_03032D.docxPage 10
DPW: 420-89\jt\etm\C:\inetpub\wwwroot\multitenant\Uploads\Temp\toaks\tempForConvert\temp_03032D.docxPage 11