ATTACHMENT #2
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Project Name: OASA Wastewater Service
APN 663-0-111-085
OUT OF AGENCY SERVICE AGREEMENT
BETWEEN THE CITY OF THOUSAND OAKS
AND
STEVEN AND JENNIFER WALTON
(APN 663-0-111-085)
THIS AGREEMENT is made and entered into this 14th day of January 2025 between the CITY OF THOUSAND OAKS, a municipal corporation of the state of California (herein referred to as “City”), and STEVEN AND JENNIFER WALTON, owners of certain property located in the unincorporated territory of the County of Ventura (herein referred to as “Owners”).
Whereas the Owners own the property located in the unincorporated territory of the County of Ventura depicted as APN 663-0-11-085 Lot 8 of block 111 per assessor’s map dated 5-16-2002 (Exhibit “A”) and addressed as 729 Calle Laredo and by this reference incorporated herein (herein referred to as “Property”); and,
Whereas a single-family residence presently exists on the property, and the Owners are proposing to construct a new Accessory Dwelling Unit (ADU) and connect a new wastewater service lateral for the proposed ADU (herein referred to as “Property Improvements”); and,
Whereas, the Owners have applied to City for authorization to have a separate connection for the Property Improvements to the wastewater system that is owned and operated by City for the benefit of properties located within the City service area; and,
Whereas, in accordance with State law, City is authorized to provide wastewater service to property located outside of the incorporated territory within certain areas of the unincorporated area known as Lynn Ranch; and, Whereas, City has determined that Owners’ use of the Property for the Property Improvements described herein conforms to the wastewater service criteria set forth in the City of Thousand Oaks Municipal Code (“Code”); and, Whereas, by this Agreement, Owners undertake to comply with all other requirements and agree to all other covenants provided for in the Code and other policies of the City that constitute further conditions on the provision of City wastewater service to property located outside of the service area of the City.
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Now, therefore, City agrees to provide wastewater service to the Property, and the Owners agree to accept wastewater service on the Property from City subject to all the conditions set forth herein:
1. OWNER’S USE OF WATER
The water service provider for the subject property is California American Water Company.
2. CONNECTING TO THE WASTEWATER SYSTEM
Connection of the Property Improvements to the City wastewater system shall be made in conformance with the California Plumbing Code, as well as the City’s Wastewater Design and Construction Standards, and with any other City policies or requirements applicable. Existing wastewater mainlines and a paved road to provide access and egress for the maintenance of said mainline extension, already exist. A wastewater service to the property is required to connect the Property Improvements to the City wastewater system. The Owners shall cause such improvement to be constructed and installed at Owners’ sole cost and expense, and in accordance with plans and specifications approved by the City’s Public Works Director or City Engineer.
3. WATER METER REQUIREMENTS
The Owners acknowledge the need to contact California American Water Company for water meter installation.
4. WASTEWATER LATERAL REQUIREMENTS
The proposed ADU shall be served by a 4-inch on-site wastewater lateral.
5. WASTEWATER CONNECTION FEES AND SERVICE FEES
Concurrently, with the execution of this Agreement, Owners shall pay to City any and all connection fees required by the provisions of Title 10 of the Code.
In addition, at all times that the Property and/or all Property Improvements remain connected to the City wastewater system, Owner shall pay to City all periodic rates and charges for on-going 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
There are no water service conditions from the City. The Owners acknowledge that they shall contact California American Water Company for the water service conditions.
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7. ADDITIONAL CONDITIONS OF WASTEWATER SERVICE
Owners agree 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.
Wastewater service to said Property is conditioned on the approval by LAFCO in the manner required by Section 56133 of the California Government Code. Owners 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 either by City or LAFCO, to annex the Property to the incorporated territory of City.
The Owners understand and agree 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 Owners also agree that any lease, rental agreement or other agreement, including a deed, hereafter executed by the Owners, or any person or persons succeeding to Owners’ 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 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 DPW: 420-89\ev\Council\2025\011425\OAWSA 729 Calle Laredo Att 2.docx
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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 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 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 wastewater 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 Owners’ 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 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.
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
Owners understand and agree that the City shall record this Agreement against the Property Title 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 Owners’ interest in and to the Property or any part thereof.
11. AGREEMENT TERMINATION
This Agreement and all of Owners’ rights to City 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 permit issued for the Property Improvements has expired by reason of the fact that DPW: 420-89\ev\Council\2025\011425\OAWSA 729 Calle Laredo Att 2.docx
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Owners have not diligently proceeded with construction of the Property Improvements authorized by the permit or any extension thereof.
In addition, this Agreement and all of Owners’ duties and obligations hereunder shall terminate upon annexation of the Property to the incorporated territory of City. At such time, Owners shall become entitled to receive City 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 wastewater service to the Property and/or Property Improvements. No verbal agreement or representation regarding this Agreement or City wastewater service provided pursuant to this Agreement shall be held to vary the provisions of this Agreement.
In witness whereof, City and Owners have executed this Agreement in the County of Ventura, State of California, on the date and year first written above.
OWNER*
Steven Walton
Jennifer Walton
CITY OF THOUSAND OAKS
David Newman, Mayor
ATTEST:
Laura B. Maguire City Clerk
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APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
*INDICATES SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC DPW: 420-89\ev\Council\2025\011425\OAWSA 729 Calle Laredo Att 2.docx
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EXHIBIT A