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HomeMy WebLinkAboutMemo RESOLUTION NO. 8452 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT ACCEPTING THE PONDEROSA RANCHOS WATER DISTRIBUTION SYSTEM WHEREAS, on February 17, 1981, the Truckee Donner Public Utility District adopted Resolution No. 8118 authorizing the filing of the Ponderosa Ranchos annexation with Placer County LAFCo; and WHEREAS, on July 7, 1981. Placer County LAFCo adopted Resolution No. 8-81 approving the Ponderosa Ranchos annexation; and WHEREAS, the Board of Directors of the Truckee Donner Public Utility District adopted Resolution No. 8170 ordering annexation of said land to the District on September 8, 1981; and WHEREAS, on November 13, 1981, the District entered into a develop- ment agreement with the developers of Ponderosa Ranchos concerning the in- stallation of a complete water distribution system for consumptive and fire protection use, and all terms and conditions of said agreement have been fulfilled by the developer; and WHEREAS, on June 14, 1983, the Board of Supervisors of Placer County adopted a resolution approving the agreement with the Truckee Donner Public Utility District concerning the Ponderosa Ranchos Assessment District, and all terms and conditions of such agreement have been satisfied; and WHEREAS, a final inspection of the Ponderosa Ranchos water system was conducted by the District and all items were found to be satisfactorily com- pleted and in accordance with the specifications of the District; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District that, upon receipt of the as-built drawings of the water distribution system and proper transfer and recording with the County, the system shall be approved and accepted by the District for ownership, operation and maintenance. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on the 20th day of August, 1984, by the following roll call vote: AYES: Cooley, Corbett, Duffy, Hamilton and Maass. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT 5JeA-6A_. Maass, President ATTEST: X Susan M. Craig, Deputy Dis rict Clerk Truckee Donner Public Utility District Post Office Box 309 • 11570 Donner Pass Road • Truckee. California 95734 (916) 587-3896 January 14, 1985 Allen Klahn, Community Services Engineer COUNTY OF PLACER DEPARTMENT OF PUBLIC WORKS 11444 "B" Avenue Auburn, California 95603 Subject: Ponderosa Ranchos Development Dear Mr. Klahn: On January 11, 1985 the Truckee Donner Public Utility District uncondi- tionally accepted the entire Ponderosa Ranchos water system. Acceptance was completed by receipt of a bill of sale and maintenance bond as re- quired in TDPUD Resolution No. 8452. Paragraph 7 of the Agreement between the District and Placer County pro- vides that full right, title and interest in the water facilities shall be granted to the District subject to the conditions precedent, that the water facilities be connected and that written notice of acceptance be delivered to the County. Therefore, pursuant to Paragraph 7, we are formally notifying the County that the water facilities have been con- nected and accepted by the District. It is my understanding of the Agreement between the District and the County that nothing further needs to be done with respect to the transfer of the facilities to the District. We shall treat the water facilities as transferred to the District upon your receipt of this letter unless we hear from you to the contrary. Thank you very much for your cooperation. Very t my yo , Peter L. Hol ster General Manager PLH/smc cc: John Phelps, Esq. Board of Directors D. Waller, Engineering Technician D. Rully, Water Foreman Don Casler, Ponderosa Ranchos I II i DEVELOPMENT AGREEMENT BETWEEN TRUCKEE DONNER PUBLIC UTILITY DISTRICT ' DON CASLER ENTERPRISES, INC. , A CALIFORNIA CORPORATION, R. COOK INDUSTRIES, INC. , A CALIFORNIA CORPORATION, AND DON CASLER, DIANA ' CASLER, RANDALL COOK, SUZANNE COOK AND DEAN F. COOK 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 Don Casler Enterprises , Inc . , a California Corporation , R. Cook Industries , Inc . , a California Corporation, and Don Casler, Diana Casler, Randall Cook, Suzanne Cook and Dean F. Cook, hereinafter referred to as "Developer," with reference to the following facts: FACTS 1. Don Casler Enterprises, Inc. , a California Corporation, R. Cook Industries, Inc. , a California Corporation, and Don Casler, Diana Casier, Randall Cook, Suzanne Cook and Dean F. Cook, are the owners of that certain real property sought to be developed by Developer, located within Placer County, California , bearing Assessor' s parcel number: 80-060-52_ 2 . Developer intends to subdivide its property and install therein a complete water distribution system for consumptive and fire protection use, including pipe, valves, and related equipment, which system is hereinafter referred to as " the water distribution system_ " Said development shall be known as Ponderosa Ranchos, and hereinafter is referred to as "the Project. " A reap of the Project is included in Exhibit 1 attached hereto and incorporated herein by reference, Rev. 10/21/81 _1_ evidencing development of 69 residential lots. 3. 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. Copies of those completed plans and specifications and a copy of the District' s Rule relative to reimbursement for a portion of the cost of the improvements, are marked as described below, attached hereto and incorporated herein by reference: Water Improvement Plans and Specifications Exhibit 1 District Rule 15 (Reimbursement) Exhibit 2 4. 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 systems. Developer has further requested that upon completion of the Project, the District accept and thereafter own , operate , maintain, repair, and replace the water distribution system as necessary. 5. 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. 6. In consideration of the following terms, promises and conditions, the parties agreement is set forth below: Rev. 10/21/81 -2- DEVELOPER'S CONSTRUCTION AND PAYMENT OBLIGATIONS Developer shall perform the following: A. Off Site Improvements 7. Construct 900 lineal feet of eight inch (8") diameter water main, to connect the District's existing eight inch (8") line terminating in the vicinity of Rocky Ridge Court and Theland Drive, to the eight inch (811) line to be constructed within the Project, commencing at Theland Drive, as shown on Exhibit 1. 8. Prior to commencement of construction, pay to the District the sum of $41,400 representing a facilities fee, and the sum of $27,600, representing a connection fee, as described in paragraph 34 below, together with the plan checking fee in the sum of $1950. B. On Site Improvements 9. Construct 6,530 lineal feet of eight inch (8") diameter water main, connecting to the District's existing eight inch (8") main at the northwest corner of the Project as shown on Exhibit 1. 10 Construct 1,390 feet of six inch (6") diameter water main, connecting to the District's existing six inch (6") main at the northwest corner of the Project, as shown on Exhibit 1. 11. Install 14 fire hydrants as shown on Exhibit 1. Rev. 10/21/81 -3- 12. Install 11 eight inch (8") diameter gate valves and 3 six inch (6") diameter gate valves as shown on Exhibit 1. 13. Install one Type I blowoff valve and one Type II blowoff valve as shown on Exhibit 1. 14. Install 31 one and one-half inch (1 1/2") diameter double services and 7 one and one-quarter inch (1 1/4") diameter single services, to serve the residential lots, as shown on Exhibit 1. 15. Grant to the District in a form satisfactory to the District's Board of Directors, appropriate easements where necessary for the maintenance, repair, and replaement of the water lines described above. Said easements shall be of the dimensions as shown on Exhibit 1. BOND REQUIREMENTS 16. Prior to the commencement of construction, Developer shall file with the District a surety bond in a form satisfactory to the District in a sum of not less than the Approved Engineer's Estimate to guarantee faithful performance of all of Developer' s obligations 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. 17 . Upon the completion of construction of the water Rev. 10/21/81 -4- distribution system as defined in Paragraph 27 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 18. 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 final approval, prior to the commencement of construction. RIGHTS-OF-WAY 19 . Developer will provide and convey to the District all 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 19. Developer shall, without expense to the District, construct the water 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 such contractor's or supplier's guarantees thereunder, including one (1) year warranties on the completed improvements, which warranties shall be Rev. 10/21/81 -5- 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 22 below. 21 . Construction of the water distribution system shall be completed within twelve (12) 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 22. Prior to the commencement of any construction pursuant to this 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 $5,0001000, for the death i of or injury to more than one person in any one accident, and $100,000 Rev. 10/21/81 i 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 30 days written notice prior thereto given to the District. INSPECTION OF CONSTRUCTION 23. 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 inspection. The District shall notify Developer in writing as to any deviation from the approved 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. 24. The fact that the District' s Engineer shall inspect the construction of the water distribution system 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 Rev. 10/21/81 -7- specifications. INDEMNIFICATION AND HOLD HARMLESS 25. Developer hereby releases and agrees to indemnify and save the District harmless, from and against any and all injuries to and deaths of persons, and injuries to property, or other interests, and any 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, which directly or indirectly result from the performance or nonperformance of any and all work and construction, which may directly or indirectly arise from, relate to or in any manner whatsoever be connected with the water distribution herein described. Such indemnification shall include reimbursement of attorneys fees. 26. 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 Developer, their 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. Such indemnification shall include reimbursement of attorneys fees. Rev. 10/21/81 -8- COMPLETION OF SYSTEM AND CONVEYANCE TO DISTRICT 27. 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. 28. Within 90 days after such completion as determined by the District's Engineers 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 mechanics liens and stop notices, by appropriate conveyancing documents; and shall further deliver to the District architectural drawings which represent the water distribution system as constructed; and B. The District shall accept delivery of conveyance of title of the water distribution system by motion, resolution or ordinance, and shall include such system within its existing integrated water distribution system. Except as 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 Rev. 10/21/81 -9- request and payment of all appropriate fees and charges, in accordance with California law and District Rules and Regulations. DEVELOPER'S RESPONSIBILITIES AFTER CONVEYANCE 29 . After the District' s acceptance of the completed water distribution system, in accordance with Paragraph 28 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 30. All water 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 31. 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 Paragraphs 23 and 24 above. Said Rev. 10/21/81 -10- reimbursement shall be made by Developer to the District immediately upon receipt of itemized bills therefor from the District or its Engineer. 32. Prior to execution of this Agreement , Developer shall further reimburse the District for its Attorneys' fees and costs in preparing , negotiating and finalizing this Development Agreement. Developer shall further reimburse the District for all such fees and costs, which may be reasonably incurred in further ensuring that the terms of this Agreement are reasonably carried out. 33. District acknowledges receipt of Five Hundred Dollars ($500) which will be credited towards the fees and costs referred to in paragraphs 31 and 32 above. PAYMENT OF FACILITIES FEES AND CONNECTION FEES 34. Prior to the beginning of any construction relating to the proposed water distribution system, Developer shall pay to the District the fees designated in Paragraph 8 above, which fees total $70, 950, representing a facilities fee of $41 , 400, and the sum of $27 , 600 , representing a connection fee, and the sum of $1950 representing a plan checking fee. NOTICES 35. Notices or requests from either party to the other shall be Rev. 10/21/81 —11— in writing and delivered or mailed, postage prepaid, to the following addresses: Don Casler Enterprises, Inc. P. 0. Box 635 Truckee, California (916) 587-6001 R. Cook Industries, Inc. P. O. Box 635 Truckee, California (916) 587-6001 Don Casler P. O. Box 635 Truckee, California (916) 587-6001 Diana Casler P. O. Box 635 Truckee, California (916) 587-6001 Randall Cook P. O. Box 635 Truckee, California (916) 587-6001 Rev. 10/21/81 -12- Suzanne Cook P. O. Box 635 Truckee, California (916) 587-6001 Dean F. Cook P. O. Box 635 Truckee, California (916) 587-3862 Truckee Donner Public Utility District P. O. Box 309 Truckee, California 95734 (916) 587-3896 SUCCESSORS AND ASSIGNS 36. 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 Agreement without the prior written consent of the District. DISTRICT POWERS 37. Nothing herein contained shall be deemed to limit, restrict, or modify any right, duty, or obligation given, granted, or imposed upon Rev. 10/21/81 -13- 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. The District may enact 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, in its discretion. SEVERABILITY 38. 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. JOINT AND SEVERAL LIABILITY 39 . It is hereby understood and agreed that the following individuals and entities and their successors and assigns are liable and responsible both jointly and severally under the terms of this Agreement, provided however that none of the District' s Directors shall be held individually liable or responsible in any way under the terms of this Agreement: The District: Truckee Donner Public Utility District Developer: Don R. Casler Enterprises, Inc., R. Cook Industries, Inc. , Don Casler, Diana Casler, Randall Cook, Suzanne Cook and Dean F. Cook Rev. 10/21/81 A REIMBURSEMENT TO DEVELOPER 40. Pursuant to the District' s Rule 15 or any alterations or amendments thereto, a copy of which is marked Exhibit 2, 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 persons or entities , within ten years from completion of construction. ATTORNEYS' , EXPERTS' AND CONSULTANTS' FEES 41. 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' , experts' and consultants' fees and costs in the court' s discretion. GOVERNING LAW 42. This Agreement and each of its severable provisions shall be governed by and construed in accordance with, the laws of the State of California. Rev. 10/21/81 FAILURE TO EXECUTE 43. In the event this Agreement is not executed by all parties on or before February 2, 1982, the Agreement shall have no force and effect whatsoever. DATED: 11-13-fel TRUCKEE DONNER PUBLIC UTILITY DISTRICT By e Roberta Huber, President of the Board of Directors ATTESTy Susan Craig Deputy District Clerk DATED: /�- �G�-�` DON CASLER ENTERPRISES, INC. By on Ca 1Z-r r DATED: /1-le R. COOK INDUSTRIES, INC. By ? / andall Cook DATED: JD—✓' �`"�/ Yrt Don Cas e J DATED: ,-%' y/ / Diana asler DATED: Randall Cook DATED: -/o Suzanne (Zook r � DATED: ! /© , Dean P. Cook Rev. 10/21/81 -16- I .t r RULE 140. 15 MAIN EXTENSIONS Each applicant for service requesting an extension of the water distribution facilities and/or alterations to provide additional capacity in existing facilities in order to obtain water service shall be required to furnish, at his expense, such extension and/or alteration. The District at its option , however , miay require such applicant to install distribution facilities with more capacity or of greater length than would be required for the service requested, and ,iiay select a roue other than the most direct and shortest available. In such event, the District shall reimburse such applicant for costs incurred in excess of the costs of a normal water system designed with facilities of such size and along such a route that would be adequate to provide the requested service. All water distribution facilities installed hereu:-,i'er shall be and remain the property of the District. Size and location of facilities ill-stalled shall be sir-cified by the District. Type and quality of r,aterial shall be that specified in General F,equircrients, i-'ater Specifications, as adopted from ti,.ie to time by the District. The installation of fain Extensions does not alleviate the applicant from the facilities fee recuire,-iient. The applicant s:,ay enter into an agreement with the District whereby adjacent properties connecting to the main extension, installed by the applicant , will be required to reimburse the applicant , through the District, for a prorated share of the main extension cost . This I"2i;T>>urSEi.Ent will continue for a period of ten (10) yoars. EMUBIT 2