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<br />.. <br /> <br />069'789 <br /> <br />FIFTH AMENDMENT <br />TO THE AGREEMENT FOR TRANSMISSION OF SANITARY SEWAGE <br />BY AND BETWEEN THE FAIR OAKS SEWER MAINTENANCE DISTRICT <br />AND THE TOWN OF WOODSIDE (AGREEMENT) <br /> <br />This is the Fifth Amendment to the Agreement dated May 8, 2001 between the TOWN OF <br />WOODSIDE (the Town) and the FAIR OAKS SEWER MAINTENANCE DISTRICT (the District), <br />collectively the Parties. <br /> <br />RECITALS <br /> <br />A. The Agreement provides for sewage transport from the Town's Town Center Sewer <br />Assessment District (TCSAD) through the facilities of the District and provides for a Service <br />Area shown in the Agreement as Exhibit A thereof and Exhibit A hereto. <br />B. Previous Amendments to the Agreement provided for sewage transport from certain <br />properties that were annexed to the TCSAD as shown in Exhibit B. <br />C. The Town now desires to amend the Agreement by identifying certain properties that either <br />have, or may have at some future date, failed on-site sewage disposal systems, which <br />properties have the capability of being sewered by gravity into the facilities of the District. The <br />Parties hereby desire to amend the Agreement to identify those properties listed and shown <br />in Exhibit C. <br /> <br />THEREFORE, IT IS AGREED: <br /> <br />1. That the properties listed and shown on Exhibit C, attached hereto, are eligible to be sewered <br />by gravity into the District's facilities subject to: <br />a. A determination by the Town Engineer that the existing on-site sewage disposal system <br />serving an eligible property has failed and that there is no reasonable alternative from a <br />health and safety standpoint but a gravity system into the District's facilities. <br />b. A determination, by Resolution, of the Town Council upholding the Town Engineer's <br />determination and the forwarding of a copy of that Resolution to both the District and the <br />City of Redwood City. <br />2. Upon a determination by the Town Council that a property may be sewered into the District's <br />facilities, the property shall be subject to all of the provisions of the Agreement, including, but <br />not limited to: <br />a. A connection fee payable to the District in an amount determined by District consistent <br />with Paragraph III of the Agreement. <br />b. The collection of a sewer service charge by the Town in an amount determined by Town <br />consistent with Paragraph IV of the Agreement. <br />3. Properties identified in Exhibit C that are subsequently determined by Town Council <br />Resolution to be connected to District facilities will not be annexed to either the TCSAD or <br />District but will be provided sewer service through District in such manner as if the properties <br />had been annexed to the TCSAD. In this respect, such properties that are being provided <br />