ATTACHMENT #2
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Project Name: OASA Wastewater Service
APN 663-0-122-095
OUT OF AGENCY SERVICE AGREEMENT
BETWEEN THE CITY OF THOUSAND OAKS
AND
FAMILY TRUST HEWITT
(APN 663-0-122-095)
THIS AGREEMENT is made and entered into this 19th day of May 2026, and between the CITY OF THOUSAND OAKS, a municipal corporation of the state of California (herein referred to as “City”), and FAMILY TRUST HEWITT, owner of certain property located in the unincorporated territory of the County of Ventura (herein referred to as “Owner”).
Whereas, 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 “the Property”); and, Whereas the Property is currently vacant, and Owner is proposing to construct a single-family residence upon the Property (herein referred to as “Property Improvements”); and,
Whereas, Owner has applied to City for authorization to connect 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 Arroyo Acres / Lynn Ranch; and,
Whereas, City has determined that Owner’s 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, 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 wastewater service to property located outside of the boundary of the City.
Now, therefore, City agrees to provide wastewater service to the Property, and Owner agrees to accept wastewater service on the Property from City subject to all of the conditions set forth herein:
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1. OWNER’S USE OF WATER
The water service provider for the subject property is California American Water Company.
2. CONNECTING TO THE WATER AND WASTEWATER SYSTEMS
Connection of the Property Improvements to the City wastewater systems 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 applicable City policies or requirements. Existing wastewater mainlines and a paved road to provide ingress and egress for the maintenance of said mainline extension, already exist. A wastewater service to the property is required to connect the Property to the City wastewater system. Owner shall cause such improvement to be constructed and installed at Owner’s 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
This section shall not apply. The water service provider for the subject property is California American Water Company.
4. WASTEWATER LATERAL REQUIREMENTS
The proposed single-family residence shall be served by a 4-inch on- site wastewater lateral.
5. WATER / WASTEWATER CONNECTION FEES AND SERVICE FEES
Concurrently, with the execution of this Agreement, Owner will 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 water and/or wastewater system, Owner shall pay to City all 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
This section shall not apply. The water service for the subject property is California American Water Company.
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 DPW: 420-89\ev\Council\2026\051926\OASA Calle Arroyo- Hewitt Att 2.docx
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. 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, Owner will not oppose nor protest any proceedings commenced by City, either before City or LAFCO, to annex the Property to the incorporated territory of City.
Owner understand 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.
Owner also agrees that any lease, rental agreement or other agreement, including a deed, hereafter executed by Owner, 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 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\ev\Council\2026\051926\OASA Calle Arroyo- Hewitt Att 2.docx
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 a notice of the violation to be served on Owner, 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 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 wastewater 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 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 DPW: 420-89\ev\Council\2026\051926\OASA Calle Arroyo- Hewitt Att 2.docx
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 that such time, Owner 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 Owner 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 Owner have executed this Agreement in the County of Ventura, State of California, on the date and year first written above.
OWNER *
Alan Hewitt, Trustee
CITY OF THOUSAND OAKS
Mikey Taylor, Mayor
ATTEST:
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
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APPROVED BY DEPARTMENT HEAD:
Nader Heydari, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Noonan, City Attorney
*INDICATES SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC DPW: 420-89\ev\Council\2026\051926\OASA Calle Arroyo- Hewitt Att 2.docx
EXHIBIT A
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EXHIBIT B