HomeMy WebLinkAbout1980-04-09 Min - Board SPECIAL MEETING
April 9, 1980
The special meeting of the Board of Directors of the Truckee Donner
Public Utility District was called to order by President Kuttel at 8:04
A.M. in the District Board Room.
.,, ROLL CALL: Directors Huber, Maass and Kuttel. Directors Sutton and Hatch,
absent.
EMPLOYEES PRESENT: A. Milton Seymour and Susan Craig were present.
CONSULTANTS PRESENT: District Counsel Grumer was present.
OTHERS PRESENT: Don Strand of Tahoe Donner.
AGREEMENT BETWEEN TDPUD AND DART INDUSTRIES, INC. RE CERTAIN DEVELOPMENTS
RELATED TO THE TAHOE DONNER WATER SYSTEM DATED 9/7/79
a) Approval of payment to Dart in the amount of $23,769.18 for sums advanced
by Dart to up-size the West River Street pipeline
Mr. Grumer asked the record to reflect PUD check number 16060 in the
amount of $23,769.18 is being tendered.
b) Acceptance of $56,875 payment from Dart - TDPUD Restricted Funds for
Tahoe Donner Water System Improvements in the amount that was previously
withheld for the Northwoods Boulevard pipeline
Mr. Grumer advised that he is in possession of Dart's check number
61309 in the amount of $56,875 made payable to the Truckee Donner PUD which
is to be deposited into restricted funds for Tahoe Donner water system improve-
POMOM ments and is the amount that was withheld from the Northwoods pipeline.
c) Acceptance of contribution to TDPUD Restricted Funds for Tahoe Donner
Water System Improvements in the amount of $32,000 that was excluded by
the terms of the 1970 Agreement
District Counsel noted that he is in possession of Dart' s check number
61310 in the amount of $32,000 made payable to the PUD; it is a contribution
to the restricted funds for money that was excluded by the terms of the
1970 agreement. This represents $40 per lot for the first 800 lots.
d) Acceptance - payment to TDPUD General Fund in the sum of $14,000 for
work performed in trouble-shooting and eliminating design problems in the
Tahoe Donner telemetry system
Mr. Grumer reported that he is in possession of Dart's check number
61307 in the amount of $14,000. This is a reimbursement to the PUD for
telemetry trouble-shooting and will reimburse the District for funds that
have already been paid to Avery Engineering.
e) Acceptance - payment to the TDPUD General Fund in the sum of $6,000
for the purchase of a data logger for the telemetry system
Mr. Grumer noted he is holding Dart's check number 61306 in the amount
�+ of $6,000. This is the contribution from Dart to the PUD pursuant to the
F, agreement of September 7, 1979, for the data logging computer designed and
already purchased f ram Avery Engineering.
Director Maass moved that the Board accept the aforementioned checks
from Dart Industries. Director Huber seconded the motion. ROLL CALL: Hatch,
absent; Huber, aye; Maass, aye; Sutton, absent; Kuttel, aye. SO MOVED.
ADJOURNMENT
The Chairman adjourned the meeting at 8:08 A.M.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Ka Kuttel President
a/Q/AO rxr_
AGREEMENT BETWEEN TRUCKEE DONNER PUBLIC
UTILITY DISTRICT AND DART INDUSTRIES, INC.
RESPECTING CERTAIN DEVELOPMENTS RELATED TO
THE TAHOE DONNER WATER SYSTEM
THIS AGREEMENT is made and entered into this 7Z�i day of 1979
by and between TRUCKEE DONNER PUBLIC UTILITY DISTRICT, a local public agency of
the State of California, hereinafter referred to as "TDPUD" and DART INDUSTRIES,
INC. , a Delaware corporation authorized to do business in California, hereinafter
referred to as "Dart."
W I T N E S S E T H:
WHEREAS, Dart has- purchased the Airport Well; and
WHEREAS, TDPUD and Dart desire to provide water from the Airport Well to the
Tahoe Donner Project to satisfy the requirements of the 1970 and 1973 Agreements;
and
WHEREAS, there remain certain issues relating to the water supply for Tahoe
Donner that are unresolved; and
WHEREAS, the parties desire to resolve as many of these issues as possible.
NOW, THEREFORE, in consideration of the mutual promises herein contained,
Dart and TDPUD agree as follows:
A. GENERAL
1. Except as otherwise expressly provided herein, this agreement does not
modify, alter or supercede the previous agreements made in 1970 and 1973 or at
other times.
2. This agreement does not purport to be a final and absolute conclusion of
all matters between Dart and TDPUD relating to water system development for the
Tahoe Donner project. It is the intent of this agreement to finally and conclu-
sively resolve those items contained herein. At the present time there are no
other known unresolved items. Nothing contained herein shall affect the parties'
posture in the. Richmond case.
3. All of Dart's obligations under this Agreement are subject to a condition
precedent that Dart is able to complete the purchase of the Airport Well and ob-,, {
tain a dismissal with prejudice in the*Hatch case.
B. MATTERS RELATING TO THE AIRPORT WELL
1. Dart agrees to provide to TDPUD the Airport Well, necessary connecting
lines, two pump stations, and other appurtenances to provide the balance of the
4,000 gallons per minute of water (average demand on the maximum day) to the
Tahoe Donner Project.
t
2. TDPUD agrees to review the plans, specifications and contra
ct documents and
make recommendations for compliance with existing TDPUD standards within ten (10)
days after presentation to the Board of Directors.
3. When any developer directly connects to the pipeline within te
n (10)
years from acceptance of the pipeline, a facilities fee will be levied
by TDPUD
and reimbursed to Dart exclusive of TDPUD's administrative, legal and d engineering
charges. The appropriate facilities fee shall be determined by the District En-
gineer and shall not be_ less than the TDPUD's then current fee. schedule.
4. Dart agrees to include tees at appropriate intervals in the pipeline to
provide for future fire hydrants. Hydrants are not to be provided P by Dart.
5. Dart agrees that the design criteria for the Airport Well with pumps and
appurtenances shall be 2,500 gallons per minutes.
6. Dart also agrees to provide a 400,000 to 600,000 gallon water tank,
Pump. station and associated equipment necessary to pump 2,500 gallons min
p ute
to the Northside Tank. per
7. Dart agrees to provide, in the Airport Well pumphouse, to ac -
piping como
date additional future pumps to ultimately supply additional water fro
m the Air-
port Well to the community of Truckee. Dart agrees to supplypumps and facilities P P ilities
to provide the Truckee Tahoe Airport District with up to 21000 per gallons g p minute
for four hours of fire flow water.
8. Dart and TDPUD agree that the present pump in the Northside Well will
remain the same, but the piping will be changed by Dart to provide for an
addi-
tional booster station at the Northside Well.
9. Pursuant to the terms of Dart's purchase agreement for the.Air
.�" urch port Well,
TDPUD agrees not to impose any source and storage fees on the ro ert
P p y presently .
owned by the Truckee Tahoe Airport District or any connection fees for the
Truckee
Tahoe Airport District's existing domestic uses; however, the Truckee Tahoe
Air-
port District will be responsible for normal, monthly water usage fees now or
hereafter imposed by TDPUD for fire, standby, water and domestic consum
ption.
10. Dart agrees to transfer to TDPUD in as-is condition any interest Dart
may acquire in the present Airport Well pump, motor and appurtenances PP es removed
from the Airport Well, if not usable elsewhere in the project.
11. Dart agrees to grant to TDPUD, and TDPUD agrees to accept, the Sanders
Well along with pipeline easements between the Sanders Well and the Northside
Pump station.
12. Dart agrees that the design criteria for the equipment at the new North-
side Booster Pump Station shall be to pump 41000 gallons per minute
P to the Donner
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Trails Tank.
13. TDPUD agrees that the above actions will satisfy all water vo
lume re-
quirements for the Tahoe Donner Project at full development as well as any demand
by TDPUD for three sources of water.
C. OTHER MATTERS
1• TDPUD agrees to reimburse Dart the
_ sum of $23.769.18 for sums advanced
by Dart to up-size the West River Street pipeline.
2. TDPUD agrees to record with the Nevada Count Reco
rder order the deeds receiv-
ed from Dart during the month of December, 1975.
3. TDPUD agrees to release the 828n1000.o0 performance bond originally
lglnally
issued to guaranteA the installation of the Donner Lake i facilitP
s upon disability
of the nipeline and removal of the treatment plant.
4. TDPUD agrees to grant to the Tahoe Donner Propertv Owners Asso
ciation
the beacon power line easement extending from the southerlyboundary undary of Tahoe
Donner Unit No. 8 to a point where the easement leaves Tahoe Donner
near the
northeast corner of Unit No. 8. This grant to the PropertyOwners s Association
shall be effective upon completion of new power lines being constructed in Unit
No. 8 by Dart.
5. TDPUD agrees to grant access easements across the front of Pa
rcel I,
Unit 8 (Sitzmark Tank) , and across Parcel A, Unit 9 (Falcon Point
Tank) , to the
adjacent lot owners using those access easements.
6. Dart agrees to change the obligation of the 1.6 million dollar
1ar letter
of crediL from Donner Creek facilities to the Airport Well and
Pipeline facilities.
TDPUD agrees to approve the change after completion of the Airport W
b
p Well purchase
y Dart.
7. Dart agrees to reimburse TDPUD Restricted Funds for Tahoe Donne
r Water
System Improvements in the amount that was previously withheld for the
Northwoods
Boulevard pipeline of $56,875.00.
8. Dart agrees to contribute to TDPUD Restricted Funds for Tahoe Donner
Water System Improvements the amount of $32,000.00 that was excluded by the
terms of the 1970 Agreement.
9. Dart agrees to reimburse TDPUD General Fund the sum of $14 000.00 for
work performed in trouble-shooting and eliminating design problems in the Ta
hoe
Donner telemetry system.
10. Dart agrees to reimburse the TDPUD General Fund the sum of $6 000.00
for the logger purchase of a data to er for the telemetry system.
11. Dart agrees to reimburse TDPUD General Fund for all costs relating to
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Y O
the purchase and installation of four altitude valves, ofte each at Herringbone and
Roundhill, Falcon Point. and Sitzmark Tanks, provided, however, the amount of reim-
bursable cost of these altitude valves shall not exceed $25,000.00.
12. Dart agrees to pay TDPUD General Fund the sum of $35,000.00 for cathodic
protection, investigation and mitigation on the Tahoe Donner Water Distribution
System in full settlement of any claims of the TDPUD arising out of design or
construction by Dart of the Tahoe Donner Water System.
13. Dart agrees to commission Dr. John Sharp to compile and print an update
to the 1975 Truckee Groundwater Report and to provide twenty (20 co
) copies
s to the
TDPUD.
14. Dart agrees to grant to TDPUD a small parcel adjacent to the Donner
Trails Tanks (Parcel #18-681-013) .
15. Dart agrees to release Dart's security interest on the Southside Com-
plex property held as security for the under-river crossing.
16. Dart agrees to grant TDPUD a utility easement across the westerly
boundary of a two and one-half acre parcel behind the Church on Highway 267 (Par-
cel #19-44-27) .
17. Dart will, within forty (40) days after execution of this agreement:
a) Remove the pumps from the Donner Lake pumphouse; and
b) Fill with concrete the pit that contained the pumps and fill with con-
crete approximately sixty (60) feet of the intake pipe to the existing valve near
the concrete launching ramp; and
c) Offer the pumphouse bu'ilding to the Tahoe Donner Property Owners Associa-
tion. If the offer is not accepted, Dart will remove the building.
18. Dart shall, on or before July 1, 1982, remove the treatment plant from
its present parcel.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above written.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT DART USTRIES, INC.
By •s
B
a2,
mes A. Maass, President
ATTE ATTEST ►
A. Milton Se o r
Clerk of the Boa
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