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HomeMy WebLinkAboutAgreement 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 day of , 1979, by and between the Truckee Donner Public Utility District, a local public agency of the state of California hereinafter referred to as ''the District,'' and Dart Industries, Inc. , a Delaware Corporation authorized to do business in Cal- ifornia hereinafter referred to as ''Dart.'' W I T N E S S E T H: WHEREAS, Dart has purchased the Airport Well ; and WHEREAS, the District and Dart desire to provide water from the Airport Well to the Tahoe Donner Development to satisfy the requirements of the 1970 and 1973 agreements; and WHEREAS, there remain certain matters relating to the water supply for Tahoe Donner that are unresolved; NOW, THEREFORE, in consideration of the mutual promises herein contained, Dart and the District agree as follows : A) GENERAL 1 . This agreement does not nullify or affect 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 the District relating to water system development for the Tahoe Donner project. 3. Dollar sums mentioned in this agreement are considered to be approximate and not absolute, final values. They are represented to be the best judg- ment of both parties as of the date of this agreement. B) MATTERS RELATING TO THE AIRPORT WELL 1 . Dart agrees to provide to the District the Airport Well , necessary connecting lines, two pump stations, and other appurtenances to provide 4,000 gallons per minute of water to the Tahoe Donner Development. 2. The District agrees to adopt a Negative Declaration respecting the en- vironmental impact of this pipeline. 3. The District agrees to review the construction drawings and make rec- ommendations necessary for their approval within ten days of presenta- tion to the Board of Directors. 4. The District agrees to grant to Dart Rule 15 rights on the Airport Well pipeline for all known or contemplated developments that will be directly connected to the pipeline. 5. Dart agrees to include tees at appropriate intervals in the pipeline to provide for future fire hydrants. Hydrants are not to be provided by Dart. 6. Dart agrees to equip the Airport Well with pumps and appurtenances to handle 2,500 gallons per minute. 7. Dart also agrees to provide a 600,000 water tank and a pump station and associated equipment necessary to pump 2,500 gallons per minute to the Northside Tank. 8. Dart agrees to provide a pumphouse and piping to handle additional pumps to ultimately supply additional water from the Airport Well to the com- munity of Truckee. Dart agrees to supply pumps and facilities to provide the Airport with up to 2,000 gallons per minute for four hours for fire flow water. 9. Dart and the District agree that the present pump in the Northside Well will remain the same, but the piping will be changed to provide for an additional booster station at the Northside Well . 10. The District agrees that the provision of the Airport Well and supply lines will satisfy all current obligations of the Truckee Tahoe Airport District for source and storage fees and connection fees. -2- 1�v 11 . It is understood by both parties that the Truckee Tahoe Airport Dis- trict will be responsible for normal , monthly water usage fees, for fire standby water and domestic consumption. 12. Dart agrees to provide ownership to the District of the present Airport Well pump, motor, and appurtenances removed from the Airport Well if not usable elsewhere around the Airport. Such pump is considered to have potential future use by the Truckee Donner Public Utility District for use elsewhere in the system. 13. Dart agrees to grant to the District the Sanders Well along with pipe- line easements between the Sanders Well and the Northside pump station. 14. Dart agrees to equip the new Northside Booster Pump Station to pump 4,000 gallons per minute to the Donner Trails Tank. 15. The District agrees that the above actions will satisfy all water volume requirements for the Tahoe Donner Development as well as the three-source requirement. C) OTHER MATTERS 1 . The District agrees to reimburse Dart for money advanced to up-size the West River Street pipeline in the approximate amount of $38,000. 2. The District agrees to record with the Nevada County Recorder the deeds received from Dart at the time of acceptance of the Tahoe Donner water distribution system. 3. The District agrees to release the $2450,000 performance bond originally issued to guarantee the installation of the Donner Lake facilities. 4. The District agrees to grant to the Tahoe Donner Property Owners Associa- tion the beacon power line easement extending from the southerly boundary 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 Prop- erty Owners Association to be effective upon completion of new power lines being constructed in Unit No. 8 by Dart. -3- 5. The District agrees to grant an access easement across the front of Parcel I , Unit 8 to the adjacent lot owners using that access easement. 6. Dart agrees to change the 1 .6 million dollar letter of credit from Donner Creek facilities to the Airport Well facilities. 7. The District agrees to approve the change of the 1 .6 million dollar letter of credit from Donner Creek facilities to the Airport Well and pipeline facilities. 8. Dart agrees to reimburse the District Restricted Funds for Tahoe Donner water system improvements in the amount that was previously withheld for the Northwoods Blvd. pipeline of approximately $58,000. 9. Dart agrees to reimburse the District Restricted Funds for Tahoe Donner water system improvements in the amount that was excluded in the 1970 agreement of $32,000 for 800 lots. 10. Dart agrees to reimburse Truckee Donner Public Utility District General Fund accounteor work performed by Avery Engineering in trouble-shoot- ing and eliminating design problems in the Tahoe Donner telemetry system. 11 . Dart agrees to reimburse the District General Fund for the purchase of a data logger for the telemetry system in the amount of $6,000. 12. Dart agrees to reimburse the District General Fund for the actual cost to install two altitude valves , one each at Herringbone and Roundhill Tanks. The cost of these altitude valves is not to exceed $20,000. 13. Dart agrees to reimburse the District General Fund for cathodic protec- tion investigation and mitigation on the Tahoe Donner water distribution system in an amount of approximately $35,000. 14. Dart agrees to commission Dr. John Sharp to compile and print an update to the 1975 Truckee Groundwater Report and to provide 20 copies to the District. 15. Dart agrees to grant to the District a small parcel (Assessor's Parcel adjacent to Donner Tra i 1 s Tanks. -4- 16. Dart agrees to release the lien on the Southside Complex property held as security for the under-river crossing. 17. Dart agrees to grant the District a utility easement across the westerly boundary of a two and a half acre parcel behind the Assembly of God Church on Highway 267. 18. Regarding the State Lands Commission case, Dart and the District jointly agree to perform the following actions : a) Dart will remove the pump from the pumphouse and fill the pit that contained the pump with concrete. b) Dart will deed the building to the Tahoe Donner Property Owners Association. c) Dart will sell and/or remove the treatment plant before July 1 , 1982. d) Dart and the District agree to jointly execute the final documents and make mutually agreeable stipulations as are necessary in the State Lands Commission case only after the settlement of the currently pend- ing Brandenburg case. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By James A. Maass, President Seal ATTEST: By A. Milton Seymour, Clerk of the Board DART INDUSTRIES, INC. By Sea] ATTEST: By -5-