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Home My WebLink About1970-07-23 Min - Board (2) 1 - : 1 07 r t A. "P.�oSSE� ZWAI rE�ESr.�7ZY .1 . .. . . . . : it . 1 •, , ., , . ! - VA1// ram/ 1 :. • !t MIT-3 1 A ., A. VNIT ; 34 3 • �- .r. _ • 1 - , ' 4 ONE-me-oft IND Wk 0,04rlo# a p opi 0- : . . '� dL p ST,4r,. l� ' ,:. lid • tit ;: A., �CN, -sOf R Cit- A. fr K •% s' 4 Exhibit B Unit No. 1 - Lots 1, 45 , 78 . Unit No. 2 -- Lots 1159 1269 153, 1691 172 , 176 , 220 . Unit No . 3 - Lots 2249 2259 226 , 2279 - 2322 233 , 2349 2359 2369 2449 2459 246 , 247 , 258 , 2590 2609 2679 2729 2769 277 , 278, 2792 2809 2819 2832 2879 2889 2899 2900 291 , 292 , 293 , 2949 295, 2969 2979 3049 3055 3069 307 , 3099 3109 3119 3130 314 , 315 , 3169 317 , 3189 323, 3249 3299 3303, 3319 3329 3359 3369, 337 . Al Exhibit B M AGREEMENT BETWEEN TRUCKEE-DONNER PUBLIC UTILITY DISTRICT AND LAKEWORLD DEVELOPMENT COMPANY RESPECTING WATER FOR RECREATIONAL LAKES ON TAHOE NORTHWOODS DEVELOPMENT THIS AGREEMENT, made and entered into this 23rd day of July , 1970 , by and between Truckee-Donner Public Utility District , a local public agency of the State of California hereinafter referred to as "the District ," and LakeWorld Development Corporation, a California corporation, hereinafter referred to as "LakeWorld" ; W I T N E S S E T H: WHEREAS , F. W. Valley, LakeWorld's President, has options to buy certain property located within the District in Nevada County , California, which LakeWorld plans to subdivide and develop into a recreational-residential subdivision, to be known as "Tahoe Northwoods ," hereinafter called "the project" ; and WHEREAS ,, the District and LakeWorld have previously ent ered into two agreements , one dated March 199 19 70 , and the other dated May 89 1970 , the first providing for water service to residential lots, commercial areas , clubhouse and a golf* course on the project, and the second providing for electric power service to the project ; and WHEREAS , LakeWorld is planning the construction as part of the project of recreational lakes having a total surface area of approximately 85 acres , a total capacity of approximately 1,500 acre-feet, and ,an expected total annual evaporation loss of approximately 200 acre-feet, and desires to purchase from the District a sufficient amount of water for the initial filling of said recreational lakes and thereafter for rep lacing water lost from said lakes through evaporation; and WHEREAS , the District is willing to agree to sell water to LakeWorld for the initial filling of said recreational lakes and the offsetting of evaporation losses thereafter pursuant to the terms and conditions hereinafter set forth ; r. - NOW, THEREFORE, the parties mutually agree as follows : 1. After completion by LakeWorld pursuant to the agreement_ between the parties dated March 190 19 70 , of the initial supply facilities and the portion of the distribution system required to deliver water to said recreational lakes on the project , the District shall, upon receiving written reghes t therefor from LakeWorld, deliver to said recreational lakes the amount of water necessary for initial filling of said recreational lakes not to exceed 1,500 acre-feet. The water for such initial filling shall be delivered at such rate of delivery as requested by LakeWorld in such written notice within the capacity of the initial supply facilities and distribution system facilities required ,to accomplish such delivery. 2. After initial filling of said recreational lakes has been accomplished, the District shall, pursuant to written request by LakeWorld, provide water in such amounts, not to exceed 200 acre-feet per year, at such times and at such rates of delivery ,..,, within the capacity of the. initial supply facilities and distri- bution system facilities required to accomplish such delivery , as requested by LakeWorld for the purpose of replacing evaporation losses from said recreational lakes. 3. The amount of water delivered in accordance with the preceding paragraphs shall, be measured at the point of delivery to said recreational lakes by suitable measuring devices installed at the expense of LakeWorld and thereafter maintained, operated . and replaced as part of the distribution system by the District. The District shall keep accurate records of the amounts of water delivered to said recreational lakes as measured by such said measuring devices , and LakeWorld shall have the right to inspect and test the accuracy of said measuring devices. The District shall keep said measuring devices in good and accurate working condition and shall make any necessary corrections in the records of measure- ment in order to accurately reflect the amounts of water actually delivered. The District shall have no obligation with respect to _2- operation, maintenance or repair of said recreational lakes , such obligation being entirely that of LakeWorld or its suc- cessors, and assigns. 4. LakeWorld shall pay for water so delivered to said recreational lakes at the rate of eight cents ($ .08) per thousand gallons , and shall make payment to the District therefor within thirty days after receiving bills from the District setting forth the amount of water delivered during the billing period. The District shall bill for water delivery periodically but not oftener than monthly. 5. This agreement shall become operative on October 1, 1971, and shall terminate on September 30, 1976 ; provided, that this agreement shall be automatically renewed for additional periods of one year beginning on July 1, 19 76 , unless the District gives written notice to LakeWorld not less than sixty days prior to the termination of each succeeding one-year extension that the District will not have sufficient water available to offset evaporation losses from said recreational lakes during the r. succeeding year after taking into account the District 's obli- gations to provide water within its boundaries for domestic and irrigation purposes. 6. Supply and usage of water hereunder shall be in accordance with the duly adopted or hereinafter enacted rules , regulations, ordinances , or resolutions of the District. In the event of litigation to recover or to collect any sums due and payable hereunder by LakeWorld or any successor in interest of LakeWorld to the District, and should the District prevail therein, the District shall be entitled to recover such sums as the Court deems reasonable as and for attorneys ' fees in any such suit or suits , together with all reasonable costs of litigation. 7. Notices or requests from either party to the other shall be in writing and shall be delivered or mailed, postage prepaid, to the following address , or any change thereof of which the other party is given notice , and shall be effective wr 3- upon delivery or upon mailing: LakeWorld Development Company, 3055 Alvarado Street, San Leandro, California 94577; Truckee- Donner Public Utility District, Truckee, California 95734. , 8. This agreement shall be binding upon and inure to the benefit of the successors and assigns of both parties. LakeWorld shall not assign any of its rights , duties or obliga- tions under this agreement without the prior written consent of the District , which consent shall not be unreasonably with- . held; provided, that LakeWorld may assign its rights and obli- gations under this agreement, without prior consent of the District, to a homeowners' association made- up of owners of property on the project which is expected to be formed in the near future. 9. Should the District be enjoined by a court of competent jurisdiction from performing this agreement, its obligation to deliver water as provided herein shall be suspended as long as such injunction remaind in effect. 10. District Powers - Severability. Nothing herein contained shall be deemed to .limit, restrict , or modify any right , duty or obligation given, granted, or imposed upon the District by the laws of the State of California now in effect , or hereafter adopted, nor to limit or restrict the power or authority of the District , including the enactment of any rules , regulations, f resolutions, or ordinances , including without limitation creation of service zones and ,rate differentials applicable within the project area which may not be applicable elsewhere , and in the event that any part or provision herein contained in this agreement or in- corporated herein, be found to be i llegal' o r unconstitutional by a court of competent jurisdiction, such findings shall not affect portions,the remaining parts , , or Provisions hereof . p IN WITNESS WHEREOF, the parties hereto have executed . this agreement on the day and year first above written. -4- w TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By President [SEAL] ATTEST: (!a Secretary • LAKEWORLD DEVELOPMENT CORPORAT ON _5_