HomeMy WebLinkAbout10 Roxy Ridge Subdivision Water Development Agreementenda Item #
CONSENT
To: Board of Directors
From: Shanna D. Kuhlemier, CMC
Date. August 03, 2016
Subject: Consideration of a Water Development and Reimbursement
Agreement for the Roxy Ridge Subdivision
1. WHY THIS MATTER IS BEFORE THE BOARD
Board approval is required for certain agreement and contracts.
2. HISTORY
10
In 2003, Dr. Dennis Chez developed a parcel of land known as the Roxy Ridge
Subdivison. During that development certain agreements were required by District
code. The electrical development agreement was signed and completed as outlined in
that agreement.
The original water development agreement was signed in 2003, however certain items
were not completed and inspected as required by the agreement, creating a deficient
development agreement.
Until 2015, there has been only one single family residence owned by Dr. Chez,
subsequently the pump station which provided water to the residence was also owned
by Dr. Chez.
3. NEW INFORMATION
In 2015, the District was contacted by US Bank Corp notifying the District that a
foreclosure had taken place on the residence. The Bank requested transfer of
services in their name. The electric was transfered without issue, however the water
could not be transfered.
District Code does not allow for third -party water purveyors within the District
boundaries due to health and safety concerns.
Through numerous discussions and negotiations the District and Dr. Chez signed a
Letter of Intent to transfer the existing pump station and water infratructure to the
District as required by the original water development agreement. Other parts of the
Letter of Intent required certain property associated with the pump station be
transferred in title to the District.
The lot line is in the final stages and the next steps are:
• Sign a Water Development and Reimbursement Agreement with Dr. Chez;
• Lot line adjustment and parcel conveyance;
• Dedication to, and acceptance by, TDPUD of the water pump station;
• Dedication to, and acceptance by, TDPUD of the water distribution system; and
• Grant to TDPUD and record any and all permanent easements associated with
the water pump station and water distribution system.
After completion of the above mentioned steps, the Water Development Agreement is
complete with the exception of the 10 year reimbursement portion which will expire in
2026.
4. FISCAL IMPACT
Sufficient funds exist in the FY16 General Fund and could be offset as outlined in the
Water Development and Reimbursement Agreement,
5. RECOMMENDATION
Adopt Resolution 201 &21 authorizing the General Manager to execute the Water
Development and Reimbursement Agreement and any ancillary agreements
associated with finalizing the Roxy Ridge Subdivision.
Shanna D. Kuhlemier, CMC
Deputy District Clerk
Michael D. Holley
General Manager
Resolution No. 2016-21
Authorizing the General Manager to Execute Necessary Agreements
Related to the Roxy Ridge Subdivision
WHEREAS, on or about April 11, 2003, Chez and the District entered into that certain Water
Development Agreement Between the Truckee Donner Public Utility District and Dennis Chez; and
WHEREAS, the Water Development Agreement concerns certain real property located in Nevada
County, California, Assessor's Parcel Number 19460-19 (the "Subject Property"). The Water
Development Agreement, Chez contemplated subdividing the Subject Property into four parcels (the
"Project"); and
WHEREAS, pursuant to the Water Development Agreement, Chez was to construct a complete water
distribution system for the Project and when the water distribution system was completed, tested, and
satisfied the terms and conditions of the Water Development Agreement and the District's Code, Chez
would dedicate to the District, and the District would accept, the water distribution system; and
WHEREAS, the water distribution system for the Project has not been completed in accordance with the
terms of the Water Development Agreement, and no action has been taken by either party pursuant to
the Water Development Agreement since 2005; and
WHEREAS, upon satisfaction of the terms and conditions of the Letter of Intent between the District and
Chez, effective March 17, 2016, the District is willing to consider acceptance of the water distribution
system; and execute definitive agreements within a mutually acceptable timetable.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT DOES RESOLVE AS FOLLOWS:
Section 1. The Board of Directors authorizes the General Manager to execute the Water Development
and Reimbursement Agreement and any ancillary agreements associated with finalizing the Project.
Section 2. All previous agreements that are not inclusive in the Water Development and
Reimbursement Agreement are null and void.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District
on the third day of August, 2016 by the following roll call vote:
AYES: Directors: Ellis, Bender, Warmerdam, Laliotis, and President Aguera.
NOES: None.
ABSENT: None.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Joseph Aguera, President
ATTEST:
Michael D. Holley, District Clerk