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HomeMy WebLinkAbout#11 Property agm Property Agreement Between the Truckee Donner Public Utility District and the Tahoe-Truckee Sanitation Agency This Agreement is entered into on the ________ day of January, 2001 between the Truckee Donner Public Utility District, a local public agency of the state of California, hereafter referred to as the "District", and the Tahoe Truckee Sanitation Agency, a local public agency of the state of California, hereafter referred to as "Agency". The District and the Agency may be referred to herein as "Party" or the "Parties". RECITALS WHEREAS, District desires to expand its water sources in its service territory, and to this end needs to drill and develop a new production well; and WHEREAS, District wishes to drill a new production well on a site on land owned by the Agency; and WHEREAS, District wishes to secure permission from the Agency to drill a well on Agency property and have continued access for purposes of operating, maintaining and monitoring the well; and WHEREAS, District and Agency wish to formalize the terms under which this permission will be granted. NOW, THEREFORE, the Parties agree as follows: 1. Lease of Land . The District is granted a lease for a site to drill a well for the production of drinking water. The site is identified on the site drawing, which are attached. The site is eighty feet in width and one hundred feet in length. The lease for this property will be for fifty years in length with a renewal provision for another fifty years at the Districts option. The District will compensate the Agency for this lease of land in the amount of $1 per year. 2. Public Utility Easements . The District is granted Public Utility Easement (PUE) easements for the installation of underground facilities (pipelines, electric, communications, and gas lines. The PUE will be twenty feet in width. The PUE easements are identified on the site drawing, which are attached. 3. Construction Easements . The District is granted construction easements for the drilling of a production well, construction of a well facilities, installation of underground facilities (pipelines, electric, communications, and gas lines). The construction easement will be an additional twenty feet on each side of the PUE. The construction easements are for the duration of the project, which in no case will extend beyond the date of December 31, 2001. The construction easements are identified on the site drawing, which are attached. 4. Documents and Survey. The District will provide all survey and document's for the land lease and the easements. 5. Remediation of Damages to Land. In the event that trees, shrubs, or saplings on the Construction Easements on the Property are destroyed or damaged due to District's activities on the Property, District shall replace the damaged specimens. If it is necessary to remove trees to accommodate drilling equipment or other District equipment, these trees shall be replanted nearby by District. 6. Consideration to Agency. The District will provide and maintain a water service line to the Agency's Facility. The District will provide water service to the Agency under the District current rate structure. The District will not charge a facility fee or a connection fee to the Agency for this connection. 7. Entire Agreement. This Agreement contains the entire agreement of the Parties and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the Parties relating to the subject matter contained in this Agreement which are not fully expressed herein. The provisions of this Agreement may be waived, altered, amended or repealed in whole or in part only upon the written consent of all parties to this Agreement. 8. Necessary Acts. Each Party to this Agreement agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 9. Attorneys' Fees. In the event of any litigation concerning any controversy, claim or dispute between the Parties hereto, arising out of or relating to this Agreement or the breach hereof, or the interpretation hereof, the prevailing Party shall be entitled to recover from the losing Party reasonable attorneys' fees and costs incurred therein or in the enforcement or collection of any judgment or award rendered therein. 10. Forum. Any litigation to enforce or interpret the provisions of this Agreement or the Parties' rights and liabilities arising out of this Agreement or the performance hereunder shall be maintained only in the courts in the County of Nevada, California. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 12. Binding Effect. This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. 13. Description of Property. The Property is described as follows: See attached site drawing. This Agreement shall be binding upon the Parties only when signed by both Parties. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By:_________________________________ Peter Holzmeister, General Manager TDPUD Dated:______________________________ TAHOE TRUCKEE SANITATION AGENCY By:_________________________________ Dated:______________________________