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Home My WebLink About#10 Martis Well Property AGENDA ITEM #10 Public Utility District m MEETING DATE: October 2, 2024 TO: Board of Directors FROM: Brian Wright, General Manager SUBJECT: Consideration of an Amendment to Martis Valley Well Property Lease APPROVED BY: Brian C. Wright, General Manager RECOMMENDATION: Authorize the General Manager to execute a Lease Amendment with the Tahoe Truckee Sanitation Agency for the Martis Valley Well Parcel. BACKGROUND: The District operates eleven groundwater wells in the Martis Valley Ground Water Basin for the delivery of potable water to its service territory. Martis Valley Well is located along Joerger Drive, on a small parcel leased from the Tahoe Truckee Sanitation Agency (TTSA). In 2019, TTSA and the Tahoe Truckee Airport District (TTAD) entered into a Real Property Exchange Agreement. In 2020, TTSA and TTAD executed an Amended and Restated Real Property Exchange Agreement. As part of the exchange, TTSA conducted parcel boundary research on the affected parcels and confirmed that a portion of the property to be exchanged falls within the parcel currently leased to the District. TTSA contracted a Registered Land Surveyor to draft an amended lease and legal description of the modified parcel boundaries to accommodate the land needs for Martis Valley Well and the property exchange agreement between TTSA and TTAD. ANALYSIS AND BODY: TTSA has provided a proposed amended lease (Attachment 1) and legal description. Staff has reviewed the terms of the amended lease and new boundaries and has determined it meets the needs of the District's Martis Valley Well operation. GOALS AND OBJECTIVES: District Code 1 .05.020 Objectives: 1. Responsibly serve the public. 2. Provide a healthy and safe work environment for all District employees. 3. Provide reliable and high quality water supply and distribution system to meet current and future needs. Page 1 of 2 Page 20 of 231 4. Provide reliable and high quality electric supply and distribution system to meet current and future needs. 5. Manage the District in an environmentally sound manner. 6. Manage the District in an effective, efficient and fiscally responsible manner. District Code 1.05.030 Goals: 1. Manage for Financial Stability and Resiliency 2. Environmental Stewardship: Create a sustainable resilient environment for all our communities. 3. Engage with our customers and communities in a welcoming and transparent way to identify opportunities. 4. Take the best of private sector thinking to modernize the utility and add value to our communities. 5. Developing an inclusive culture drives organizational integration and success. FISCAL IMPACT: There is no fiscal impact associated with this item. ATTACHMENTS: 1. TDPUD Well Lease Amendment 2024 Page 2 of 2 Page 21 of 231 AMENDMENT NO. 1 TO THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND TAHOE-TRUCKEE SANITATION AGENCY WELL SITE LEASE This Amendment No. 1 to the Well Site Lease ("Amendment") is entered into and made effective on , 2024 by and between the Truckee Donner Public Utility District (the "TDPUD") and Tahoe-Truckee Sanitation Agency ("TTSA'), both public agencies organized under the laws of the State of California, who agree as follows: RECITALS A. WHEREAS, the TDPUD and TTSA are parties to that certain Well Site Lease ("Lease") dated April 30, 2002; B. WHEREAS, TTSA owns real property located within the Town of Truckee, County of Nevada, State of California (the "Property"), that was more particularly described in Exhibits A and B to the Lease; C. WHEREAS, TDPUD leases a portion of the Property from TTSA as a site for operating a public water supply well and appurtenant facilities as also described in Exhibits A and B to the Lease (the "Well Site"); D. WHEREAS, TTSA has entered into an agreement with a third party that will alter the size and boundaries of the Property; E. WHEREAS, TDPUD is making certain uses of the Well Site that were not specifically identified in and authorized by the Lease; and F. WHEREAS, TDPUD and TTSA desire to amend the Lease to update the description of the Property and to address changes in the use of the Well Site as further provided in this Amendment. AMENDMENT NOW, THEREFORE, TDPUD and TTSA agree as follows: 1. Description of Property. Exhibits A and B to the Lease are deemed void and are replaced with the Exhibits A and B attached to this Amendment as Attachment 1 and incorporated into the Lease as the governing legal description and plat of the Property and Well Site. 2. Permitted Uses. Section 6.1 of the Lease is hereby amended and replaced in full as follows: ,,The purpose of this Lease and use and occupancy of the Property by TDPUD shall be for construction, operation, and maintenance of a production well and appurtenant facilities and equipment, including an existing gas-powered generator and any future power sources, at its sole cost and expense. Notwithstanding Section 19 of this Lease, TDPUD may bring to, use and store petroleum products on the Well 1 t00336565.21 Page 22 of 231 Site to fuel its backup generator and bring to, use, and store 12.5% Sodium Hypochlorite on the Well Site for disinfection purposes, provided that TDPUD complies with all applicable laws, regulations, and best practices when transporting any petroleum products and 12.5% Sodium Hypochlorite to and using and storing these materials on the Well Site. TDPUD shall not use, or permit the use of, the Property, or any part thereof including the Well Site, for any other purpose or purposes, and any such use in violation of this prohibition shall be grounds for termination of this Lease." 3. Insurance. Subsection 9.2.1 of the Lease is amended to add the following sentence at the end of the existing text: "In addition, TDPUD shall obtain and maintain pollution liability coverage to indemnify TTSA for any release, contamination, loss, or other damages resulting from its use of petroleum products on the Well Site. The pollution liability coverage shall be in an amount not less than $5,000,000 per occurrence and be endorsed to name TTSA, its directors, officers, employees, and agents as additional insureds respecting liability arising out of TDPUD's introduction on to the Well Site and use of petroleum products to operate any existing or future generators on the Well Site." 4. Prohibited Property Uses. The second sentence of Section 19 of the Lease is amended as follows: "Except as permitted in Section 6.1 of this Lease, TDPUD shall not cause or permit any Hazardous Material, as defined in Section 19.4 below, to be generated, brought onto, used, stored, or disposed of in or about the Property by TDPUD or its agents, independent contractors, or invitees." 5. No Other Changes. Except as expressly modified by this Amendment No. 1, all terms and provisions of the Lease shall remain in full force and effect. TAHOE-TRUCKEE SANITATION TAHOE DONNER PUBLIC UTILITY AGENCY DISTRICT By: By: President, Board of Directors President, Board of Directors Attest: Attest: By: By: Secretary, Board of Directors Secretary, Board of Directors 2 t00336565.21 Page 23 of 231 EXHIBIT A & B (Legal description of leased property as amended by land swap and plat map showing new parcel boundaries and location of Well Site within the modified parcel) 3 t00336565.21 Page 24 of 231 EXHIBIT `A' Amended TDPUD Well Lease Parcel REAL PROPERTY in the Town of Truckee, County of Nevada, State of California, described as follows: A PORTION of that parcel of land as described in the Grant Deed to Tahoe-Truckee Sanitation Agency (T-TSA), recorded on October 19, 1982, within Document Number 1982-0024973, Official Records Nevada County, also a portion of Section 13, Township 17 North, Range 16 East, M.D.M., described as follows: BEGINNING at the most Southerly corner of the parcel being described, from which the Easterly one-quarter corner of said Section 13 bears South 31° 43' 11" East 870.45 feet; thence from said point of beginning along the boundary of the parcel being described, the following four (4) consecutive courses and distances: 1) North 651 45' 26" West 202.18 feet; 2) North 150 49' 10" East 138.01 feet; 3) South 740 10' 50" East 200.00 feet; 4) South 150 49' 10" West 167.62 feet to the point of beginning. The area contained within that parcel of land as described within Document Number 1982- 0024973, Official Records Nevada County, is 30,563 Square Feet, more or less. The attached Exhibit `B' is made a part hereof. End of description Description Basis of Bearing The meridian for the above description is based on NAD 83 California State Plane, Zone 2. Rotate shown bearings 0011 02' 31" counter-clockwise to obtain record bearings per Document Number 1982-0024973, Official Records Nevada County. `_G'• KE ITH D. GPI MASUDA LS6819 : 0 n. . '. EXPIRES: 9130/24 J:\420.30A\Docs\Legals\420.30A-Legal_tdpud.doc April 12, 2024 Page 1 of 1 AUERBACH ENGINEERING CORP Page 25 of 231 EXHIBIT 'B' AMENDED TDPUD WELL LEASE PARCEL A PORTION OF THAT PARCEL AS DESCRIBED WITHIN DOC. NO. 1982-0024973, O.R.N.C.; ALSO A PORTION SECTION 13, TOWNSHIP 17 NORTH, RANGE 16 EAST, M.D.M. TOWN OF TRUCKEE COUNTY OF NEVADA CALIFORNIA SCALE: 1" = 600' APRIL 2024 G� z z — _ m m r rn � m m c/) APN: 019-440-096 TSD APN:019-440-081 DOC. NO. 2017-0004022 T-TSA DOC. NO. 1982-0024973 12 7 I - - - -� - - � 13 18 0, 3 JOERGER DRIVE ° (792/OR/139) X (RS 12/320) J M o TTUSD LEASE PARCELEn OC) �S X w oNp,L LAND KEITH D' SG I % MASUDA cL^ L a : LS 6819 ; O O� SEE SHEET 2 '. EXPIRES: �c, AMENDED o Q APN: 019-440-068 LEASE PARCEL c� .9/30/24.•� TTAD `t TFOF CP�� 415/OR/290 GRAPHIC SCALE -' 600 0 300 600 1 INCH = 600 FEET AUERBACH PREPARED FOR: BASIS OF BEARING: ENGINEERING T-TSA THE MERIDIAN OF THIS SURVEY IS BASED ON A420.30A CALIFORNIA STATE PLANE NAD83, ZONE II ' CORP SHEET 1 OF 2 Page 26 of 231 EXHIBIT 'B' AMENDED TDPUD WELL LEASE PARCEL A PORTION OF THAT PARCEL AS DESCRIBED WITHIN DOC. NO. 1982-0024973, O.R.N.C.; ALSO A PORTION SECTION 13, TOWNSHIP 17 NORTH, RANGE 16 EAST, M.D.M. TOWN OF TRUCKEE COUNTY OF NEVADA CALIFORNIA SCALE: 1" = 200' APRIL 2024 APN:019-440-081 T-TSA DOC. NO. 1982-0024973 5� TDPUD 20' �2I� TTUSD LEASE PIPELINE ESMT PARCEL S74° 10' 50"E 200.00' N15° 49' 10"E AMENDED WELL 138.01' LEASE PARCEL 30,563 S.F. ± S 15' 49' 10"W 0 167.62' �S TDPUD WELL BUILDING POB N65° 45' 26"W \\ 202.18' \ o \\ z z ''' mm V) \ 1 O \�U' m m J 0 \ C'' N \ 0 % \ s En APN: 019-440-068 \ X TTAD \ j \oNp,L.LA/��S 415/OR/290 \ a, 3 ��• KEITH D MASUDA \ a a : LS 6819 \\ '. EXPIRES: O *.9/30/24.•�� 13�18 % lF OF C P�� GRAPHIC SCALE 200 0 100 200 PREPARED FOR: 1 INCH = 200 FEET �' ��'7✓1� `1¢. b AVEIZBAC''H T-TSA BASIS OF BEARING: ENGINEERING 420.30A THE MERIDIAN OF THIS SURVEY IS BASED ON ,. CORP -M IM SHEET 2 OF 2 CALIFORNIA STATE PLANE NAD83, ZONE II Page 27 of 231