HomeMy WebLinkAboutRes 81349
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RESOLUTION NO. 8L£»
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
AUTHORIZING THE EXECUTION OF THE
DEVELOPMENT AGREEMENT AND APPROVING PLANS
AND SPECIFICATIONS FOR MARTISWOODS ESTATES
WHEREAS, the District has been negotiating the terms of a development
agreement respecting that certain real property known as Assessor's Parcels
numbers 80-06-39 and 80-06-46, also known as Martiswoods Estates; and
WHEREAS, District Counsel has presented to the Board t" Directors a
draft of the appropriate agreement and recommended its approval; and
WHEREAS, plans and specifications for the project have been submitted
and the District Engineer has recommended their approval;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee
Donner Public Utility District as follows:
1. The Board of Directors do hereby approve the Development
Agreement between the Truckee Donner Public Utility Dis-
trict and Martiswoods Estates, a California limited part-
nership, and direct the President and Deputy District
Clerk to execute the same on behalf of the District.
2. The Board of Directors do hereby approve the plans and
specifications for Martiswoods Estates.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner
Public Utility District at a meeting held within said District on the,_.*^_£V
day of .■//>.*. - , 1981, by the following roll call vote:
AYES: j.^^V,
NOES: /fS/tf-
ABSENT: ,\fA-
. .J-,TT^- ? x^V.-'-o -■■■£'■-<
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Byi6d&J& >V<<- i~r ..
Roberta C. Huber, President
ATTEST:
I y» /,
Susan M. Craig, Deputy District Clerk
smc
4/20/81
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DEVELOPMENT AGREEMENT BETWEEN TRUCKEE DONNER PUBLIC UTILITY
DISTRICT AND MARTISWOODS ESTATES, A CALIFORNIA LIMITED PARTNERSHIP
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This Agreement is made between the Truckee Donner Public Utility
District, a local public agency of the State of California, hereinafter
referred to as "the District," and Martiswoods Estates Limited, a
California Limited Partnership, hereinafter referred to as "Developer,"
with reference to the following facts:
FACTS
1. Developer is the owner of that certain real property located
within Placer County, California, bearing Assessor's parcels numbers
80-06-39 and 80-06-46.
2. Developer intends to subdivide its property and install
therein a complete water distribution system for consumptive and fire
protection use, including pipe, pumps, valves, tanks, and related
equipment, which system is hereinafter referred to as "the water
distribution system." Said developmc;nt shall be known as Martiswoods
Estates, and hereinafter is referred to as "the Project." A map of the
Project is marked Exhibit A attached hereto and incorporated herein by
reference, evidencing development of 114 residential lots.
3. The Project has been properly annexed to the District in
accordance with the efforts of Placer County Services and the Placer
County Department of Public Works.
4. Developer has prepared complete plans and specifications for
the construction of the water distribution system in accordance with the
District's Guidelines and Standards and with the requirements and
specifications as hereinafter set forth. A copy of those complete plans
and specifications is marked Exhibit B, attached hereto and incorporated
herein by reference.
5. The water distribution system is a necessary feature of the
Project and Developer has requested that the District accept the water
distribution system by including it within the District's existing
integrated water system. Developer has further requested that upon its
completion, the District thereafter own, operate, maintain, repair, .and
replace the water distribution system as necessary.
6. The District is willing to accept the water distribution
system, provided it is properly constructed in accordance with the
complete plans and specifications and further, in accordance with the
terms of this Agreement.
7. In consideration of the following terms, promises and
conditions, the parties agreement is set forth below:
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AGREEMENT
DEVELOPER'S CONSTRUCTION AND PAYMENT OBLIGATIONS
Developer shall perform the following:
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A. Off Site Improvements.
8. Prior to the commencement of construction, pay to the
District the sum of 337,405.86 and a portion of any extra charges and
costs which may be reasonably incurred by the District, its contractors
or subcontractors equal to 26.3% of the total of such charges and costs,
in refitting and upgrading the District's existing Southside Complex Pump
Station in order to meet the Peak Day Water Demand of the Project as
determined by the District's Engineer.
9. Prior to the commencement of construction, pay to the
District the sum of $9,053.09, and a portion of any extra charges and
costs which may be reasonably incurred by the District, its contractors
or subcontractors equal to 60.1% of the total of such charges and costs,
in refitting and upgrading the District's existing Ponderosa Palisades
Complex Pump Station to meet the Peak Day Water Demand of the Project as
determined by the District's Engineer.
10. Prior to the commencement of construction, pay to the
District the sum of $4,541.22 and a portion of any extra charges and
costs as may be reasonably incurred by the District, its contractors or
subcontractors equal to 26.3% of the total of such charges and costs in
constructing an eight inch (8") diameter pipeline connecting the
District's existing six inch (6") diameter pipe stub on the southwestern
portion of Evergreen Circle, as shown on Exhibit B to the District's
existing eight inch (8") diameter distribution line on Ponderosa Drive,
as shown on Exhibit B. :
11. Construct an eight inch (8") diameter pipe connecting the
District's eight inch (8") diameter line located on Silvertip Drive as
shown on Exhibit B to the eight inch (8") diameter pipe on the northwest
portion of the Project in the vicinity of Thelin Drive, as shown on
Exhibit B, which construction shall also include a connection to the
District's existing eight inch (8") diameter pipe stub at the northeast
portion of the Project in the vicinity of Pine Cone Drive, as shown on
Exhibit B.
B. On Site Improvements
12. Construct a 100,000 gallon elevated water storage tank
within the Project in the vicinity of Lots 84 and 85, at an approximate
elevation of 6,390 feet MSL (mean sea level), with appropriate piping and
fixtures, in order to service the water distribution system, according to
the District's Guidelines and Specifications.
13. Construct a surface mounted 200,000 gallon steel water
storage tank in the viHnit-y of Lots 84 and 85 in order to setvice the
water distribution system, according to the District's Guidelines and
Specifications.
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14. Construct an eight inch (8") diametes pipe connecting the
entire water distribution system to the District's existing integrated
system at the Thelin Drive and Pine Cone Drive connections referred to
above.
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15. Construct three six inch (6") diameter and eight inch (8")
diameter pipe loops where called for as shown on Exhibit B, in order to
provide the benefits of a looped water distribution system.
16. Grant to the District in a form satisfactory to the
District's Board of Directors appropriate easements where necessary for
the maintenance, repair and replacement of the six inch (6") diameter
looped water lines referred to above, where such lines encroach upon the
Developer's property. Said easements shall extend from the center line
of said six inch (6") diameter looped water lines to seven and one-half
(7 1/2) feet on either side.
17. Construct a Duplex Booster Station in the vicinity of Parcel
85 within the Project, designed to function with the surface mounted and
elevated storage tanks referred to above, in accordance with the complete
plans and specifications.
18. Contemporaneous with the acceptance of the water
distribution system by the District as set forth below, convey to the
District in a form satisfactory to the District's Board of Directors a
parcel of the approximate dimensions 150 feet by 150 feet, upon which the
Duplex Booster Station and surface mounted and elevated storage tanks are
to be constructed as set forth above.
BOND REQUIREMENTS
19. Prior to the commencement of construction, Developer shall
file with tne
/l/pi.s^-i^.V^^ure^y<j^(fcrl;i in a form satisfactory to the
District in the sum o|^%&/JZJZ&^o guarantee faithful performance of all
of Developer's obligati'ons as set forth herein, and securing payment to
its contractor, subcontractors, and all other persons performing labor or
providing materials, including the rental of equipment, relating to the
construction of the water distribution system as provided herein.
20. Upon the completion of construction of the water
distribution system as defined in Paragraph 30 below, Developer shall
file with the District a Maintenance Bond in a form satisfactory to the
District in a sum equal to twenty-five per cent (25%) of the ultimate
construction cost of the water distribution system, which bond shall
remain in effect for a period of one year and cover against any defects
or failures in the system which may develop during that time.
REVIEW OF PLANS AND SPECIFICATIONS
21. Two copies of the completed plans and specifications of the
water distribution system shall be submitted to the staff of the District
for review and approval, prior to the commencement of construction.
RIGHTS-OF-WAY
22. Developer will provide and convey to the District all
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necessary easements and rights-of-way to provide, water service to the
Project, as required by the District's Engineer and the District's
Counsel.
CONSTRUCTION
23. Developer shall', without expense to the District, construct
the distribution system pursuant to the approved plans and specifications
or any approved modification thereof. Developer shall provide in each
contract for construction of the distribution system that contractor's or
supplier's guarantees thereunder, including one (1) year warranties on
the completed improvements, which warranties shall be obtained by
Developer, and which shall inure to the benefit of the District after the
works constructed thereunder have been conveyed to the District
as provided in Paragraph 30 below.
24. Construction of the water distribution system shall be
completed within eighteen (18) months from the date of execution of this
Agreement. In the event Developer fails to complete the improvements
within that time, the District may undertake completion of the water
distribution system and shall be entitled to recover from Developer or
his surety as hereinafter provided, the full cost of all expenses and
charges including attorneys fees in completing the system. The District
may require Developer or his surety to pay the District in advance a
sufficient sum to cover the District's costs in completing construction
of the water distribution system.
INSURANCE
25. Prior to the commencement of any construction pursuant to
ithis Agreement, Developer's contractor shall furnish to the District
satisfactory evidence of an insurance policy written upon a form and by a
company which meets with the approval of the District, insuring the
District, its officers, agents and employees against loss or liability
which may arise during the construction, or which may result from any of
the work or construction herein required to be done, including all costs
of defending any claim arising as a result thereof. The minimum limits
of such policy shall be in the amount of $500,000, for the death of or
injury to any person in any one accident, and $1,000,000, for the death
of or injury to more than one person in any one accident, and $100,000
for property damange in any one accident. Said policy shall be in favor
of Developer or its contractors and subcontractors and also shall be in
favor of the District, its officers, agents, and employees, and shall be
maintained in full force and effect during the effective period of this
Agreement. Said insurance policy shall state by its terms and by an
endorsement that it shall not be cancelled without 90 days written notice
prior thereto given to the District.
INSPECTION OF CONSTRUCTION
26. Following notice ftom the Developer the District's Engineer
shall inspect the construction from time to time in order to determine
that the water distribution system is installed in accordance with the
approved plans and specifications. Developer shall reimburse the
District for all costs associated with such inspections. The District
shall notify Developer in writing as to any deviation from the approved
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plans and specifications or any failure to construct the system pursuant
to the approved plans and specifications, as soon as such deviation or
failure is brought to the District's attention. Developer shall correct
such deviation or failure as soon as is reasonably practicable.
27. The fact that the District's Engineer shall inspect the
construction of the water distribution system from time to time and
notify Developer of deviations or other problems related to the
construction of the system, shall not constitute participation by the
District in the construction of the water distribution system, nor shall
such fact be deemed a representation by the District that the water
distribution system has been constructed in accordance with the approved
plans and specifications.
INDEMNIFICATION AND HOLD HARMLESS
28.
the District
and against
to property,
costs, losses
caused, asser
and other e
performance o
may directl
whatsoever be
Developer hereby releas
harmless, including reimb
any and all injuries to
or other interests, and a
, damage, liability, and
ted at any time, by any a
ntitles, which direct
r nonperformance of any a
y or indirectly arise
connected with the water
is and agrees to indemnify and save
ursement of attorneys fees, from
and deaths of persons, and injuries
ny and all claims, duties, demands,
lawsuits, howsoever the same may be
nd all persons, firms, corporations
ly or indirectly result from the
nd all work and construction, which
from, relate to or in any manner
distribution herein described.
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29. Developer further releases and agrees to indemnify and save
the District harmless, including reimbursement of attorneys fees, from
and against any and all injuries to and deaths of, persons and injuries
to property, or other interests, and all claims, duties, demands, costs,
losses, damage, liability, and lawsuits, howsoever the same may be
caused, asserted at any time, by any and all persons, firms, corporations
and other entities, directly or indirectly made or suffered by the
Developer, Developer's agents, subcontrators, and employees, which
directly or indirectly arise from, relate to or in any manner whatsoever
are connected with the construction of the water distribution system
herein described.
COMPLETION OF SYSTEM AND CONVEYANCE TO DISTRICT
30. Construction shall be deemed "completed", when the
District's Engineer has determined that the water distribution system has
been entirely finished, properly tested, and ready to service the Project
in accordance with the District's Guidelines and Standards and when the
time to file mechanics liens and stop notices has expired without any
such liens or notices remaining on file or record.
31. Within 90 days after such completion as determined by the
District's Engineer:
A. Developer shall convey title to the water distribution
system, to the District in a form satisfactory to it, without
cost and free and clear of all liens and encumbrances,
including but not limited to mechanic liens and stop notices,
by appropriate conveyancing documents; and shall further
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deliver to ttia Dlr.trlct nrrltll i«'l lit it I ill «wt !*■.!" whlHi ► M|IIHMNIII
the water distribution system as constructed; and
B. The District shall accept delivery of conveyance of title
of the water distribution system by resolution or ordinance,
and shall include such system within its existing integrated
water distribution system. Except an otherwise provided for
herein, the District shall thereafter own, operate, maintain,
repair and replace such water distribution system and use its
best efforts to provide adequate water service therefrom to the
facilites within the Project upon request and payment of all
appropriate fees and charges, in accordance with California
law.
DEVELOPER'S RESPONSIBILITIES AFTER CONVEYANCE
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32. After the District's acceptance of the completed water
distribution system, in accordance with Paragraph 31 above, Developer
shall have no responsibility for the operation, maintenance, repair or
replacement thereof, except that, to the extent Developer retains
ownerhsip of any lots to which water service from such system is
available, Developer shall pay the same rates, charges and standby
charges levied by the District as any other property owner or water
service applicant within the Project.
RATES AND CHARGES FOR WATER AND ELECTRIC SERVICE
33. All water and electric service made available by the
District to users on the Project shall be at the established rates and
charges, including standby charges, as fixed by the District's Board of
Directors from time to time.
REIMBURSEMENT OF EXPENSES
34. Developer shall reimburse the District for its expenses in
reviewing and approving the plans and specifications relating to the
water distribution system, and for its inspection during the construction
of such system as provided for in Paragraph 26 above. Said reimbursement
shall be made by Developer to the District immediately upon receipt of
itemized bills therefor from the District or its Engineer.
35. Developer shall further reimburse the District for its
Attorneys' fees and costs in preparing, negotiating, finalizing and
enforcing this Development Agreement, which reimbursement shall be made
by Developer to the District immediately upon receipt of itemized bills
therefor from the District, or its Attorneys.
36. District acknowledges receipt of Five Hundred Dollars ($500)
which will be credited towards the fees and costs referred to in
paragraphs 34 and 35 above.
PAYMENT OF FACILITIES FEES AND CONNECTION FEES
37. Prior to the beginning of any construction relating to the
proposed water distribution system, Developer shall pay to the District
the fees designated in Paragraphs 8, 9 and 10 above, which fees total
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$51,000.17, representing facilities fees, and a connection fee in the sum
of $25,650. Each lot within the Project will be "credited with Two
Hundred Twenty-five Dollars ($225) in connection fees.
NOTICES
38. Notices or requests from either party to the other shall be
in writing and delivered or mailed, postage prepaid, to the following
addresses:
Martiswoods Estates, Ltd.
P. 0. Box 146
Bear Valley, Californa 95223
(209) 753-2327
Truckee Donner Public Utility District
P. 0. Box 309
Truckee, California 95734
(916) 587-3896
SUCCESSORS AND ASSIGNS
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39. This Agreement shall be binding upon and inure the benefit
of the successors and assigns of both parties, however, Developer shall
not assign any of its rights, duties or obligations under this Agrement
without the prior written consent of the District, which consent shall
not be unreasonably withheld.
DISTRICT POWERS
40.. 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, resolutions,
or ordinances, including without limitation creation of service zones and
rate differentials applicable within the Project area which may not be
applicable elsewhere.
SEVERABILITY
41. In the event that any part or provision of this Agreement is
found to be illegal or unconstitutional by a court of competent
jurisdiction, such findings shall not affect the remaining parts,
portions, or provisions of this Agreement.
REIMBURSEMENT TO DEVELOPER
42. Pursuant to the District's Rule 15, a copy of which is
marked Exhibit C, attached hereto and incorporated herein by reference,
Developer shall receive monetary reimbursement from all such persons or
entities who connect to, or receive a benefit from, the water
distribution system constructed by Developer in accordance with the
provisions of this Agreement. Said reimbursement shall be made to
Developer by the District at the time the appropriate facilities and
connection fees are actually collected by the District from any such
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persons or entities.
ATTORNEYS FEES
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43. In the event either party institutes an action to interpret
or enforce the terms of this Agreement, the prevailing party shall be
entitled to an award of reasonable attorneys' fees and costs in the
court's discretion.
GOVERNING LAW
44. This Agreement and each of its severable provisions shall be
governed by and construed in accordance with, the laws of the State of
California.
DATED:
£^a*^-£. #& sff/
ATTEST:/
/ 'LJ*A m^_
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By fakihC, &M-
Roberta Huber, President of
the Board of Directors
'Susan Craig
Deputy District Clerk
I DATED £^><^£ J*>, /?S/
MARTISWOODS ESTATES, a California Limited
Partnership/
By MMm 'Per/y L. Walther,
General Partner
P. 0. Box 146
Bear Valley, California 95223
DATED: By
Ernest W. Davis,
General Partner
5335 Claremont Avenue
Oakland, California 94610
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iitiu;_ HO....JA
Ah'! nXTENIHONG
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[.'(-it'll npjj.l i con I. for oorvinn roqtionting, nn uxtoriaion of the'water
distribution foeilitioa nntJ/or nlturutionn to providn additional
capacity in exis t.i nq focilitioa in ordor to obtain water
shall I
ultcrntion,
The Ditstrn
irif, ta] 1 cli:
10 requ.ir il to fu nL bin cxp ;li nxtnnoion and/oj
it itn up!inn, howcvoTi nay ruquiro tiuch applicant ti
;nbuta on 1 i 1,.i o:'. with more r:apac ity or o f cj rr: a 16r
lennth than would bo required for the!
i«luct a route other than 1.111: moot iliruut. and i-,ho
rice requested, and may
rtost OVil liable,
In !',ui:h event, tlu: Rintl'ic all rnimburcid ouch applicant ft
ineuvre XII OXei.'M of tbo costti nt o normal water oyotem de-
d w.i Lh focilitii ,uch D.tza and n 1 n n y route that
would hr. cidequn to to providn the riit)tt(-tntof] r.ni'vice
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A.l] water distribution facilita'ao inotnllod horntinde
Lliu prnpurty of tbu Dint i: I.
■ e and 1 ix.a I i un u
Ili.'il
tjlhi
I Kuqu i : em
v tlit! Hint
d
lit;, v;
ie.il.it
,.1 it.v
rtn.l lad r.hall h
il lllm.l.l he thai, rip
1. b
pec J. i i etl by tht
oci I 3.0CI i n
lev .ip thmtrul fn timo to
La ,'! .1 a t :i en <>f i.iu.i n e , I on rial. a 1 "lev i.a i l.he applicant!
i,i tl 11itri foe reqti.i re
Tin: iipp.l iCIIII t may enter inlo nn ntjrentnont with tho District whereby
initialled by ujiiceiit prop dinner, CJ ni| in-tn the main e
the applicant) will be required to reimburse the applicant) through
i iin Difitrict) for n prorntori nhnre of tin: main oxtonoion coot, Thii
11 i: mil in lie 1 Or n period nf ten (l(i) yi
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I:;nucd!
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Exhibit C tffoctivo: