HomeMy WebLinkAboutRES 1970-13 - Board 1 RESOLUTION NO, 7013
2 OF
3 TRUCKEE DONNER PUBLIC UTILITY DISTRICT
- .. .__` _`- AND .'~-.-~I.'.G E`~.U'-~. OF AGREEMENT R~_'~.T-
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1 DOES: Director
2 ABSENT: Director
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TRUCKEEw DON �lz �BL ��U ILITY DISTRICT
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By* MEMNON#
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ABERLAIN AND CHAMBERLAIN •
ATTORNEYS AT LAW
NK OF CALIFORNIA BLDG.AUBURN, CALIFORNIA July 239 1970
�]J!U'](�
Page 126 A
AGREEMENT BETWEEN TRUCKEEa-DONNER PUBLIC
UTILITY DISTRICT AND THE LAKEWORLD DEVELMO
OPMENT COMPANY RESPECTING ELECTRIC POWER
SERVICE FOR PROSSER LAKEVIEW ESTATES
THIS AGREEMENT , made and entered into this 23rdday of
July______ 1970 , by and between Truckee-Donner Public
Utility District , a local public agency of the State of California ,
hereinaf ter ref erred to as "the Dis trict and LakeWorld Deve lopment
Corporation, a California corporation, hereinafter referred to as
"LakeWorld" ;
W I T N E S S E T H *
4PEM 40� 40w� snow 4u� AN-M iwm� 40NOW 4ftam 400�
WHEREAS , LakeWorld has purchased certain property known
as "Prosser Lakeview Estates" subdivision, located within the
District in Nevada County , California, containing 68 lots not yet
sold to lot buyers within Units 1 , 2 and 3 of said subdivision
which have previously been recorded, and also containing additional
land which LakeWorld plans to subdivide and develop into additional
subdivision units , all of which is hereinafter called the project"
(as more particularly shown and described in Exhibit A attached hereto
and made a part hereof) ; and
WHEREAS , LakeWorld is desirous of having electric service
delivered to and distributed within each unit of the project by
the District and it is essential to the plan of development that
provision be made for an adequate supply of electric power for
immediate and future requirements of the project ; and
WHEREAS , the District- is desirous of furnishing the
electric power required in accordance with the provisions contained
herein ; and
WHEREAS , LakeWorld is' willing to provide financial aid to
the District for the costs to the District of constructing and
extending distribution lines to said 68 lots in Units 1 , 2 and 3
and to every lot in the additional planned units of the project ,
as needed to provide adequate electric power service for all uses ,
said distribution lines being hereinafter called "project distribution
lines . "
• NOW, THEREFORE, the parties mutually agree as follows :
1. District Construction and Extension of Pro ect
Distribution Lines . The District shall construct and extend
project distribution lines (single and threeemphase) and appurten-
ances as required to deliver electric power to each of the 68 lots
in Units 1 , 2 and 3 as set forth in Exhibit B attached hereto and
made a part hereof , and to all lots in the additional planned units
of the project , when service is requested by any user of electric
power within such unit , including Laketiorld; provided, that no such
request shall be made until recordation of the final map on such
unit .
2 .. Contribution by Laketiorld for Costs of Pro ect
Distribution Line Construction. Within 10 days after the execution
of this agreement , LakeWorld shall pay the District the sutra of
two thousand three hundred eighty dollars ($2 , 380.00) as financial
aid to the District for the costs to the District of constructing
and extending distribution lines to the 58 lots in Units 1 , 2 and
3 of the project set forth on Exhibit B (amounting to thirty-five
dollars ($35 .00 per Iota . In addition, upon recordation of the
final subdivision map for any additional unit of the project ,
LakeWorld shall pay the District an amount equal to thirty-five
dollars ($35 .00) multiplied by the number of lots in said unit ;
provided , that if, at the time of the recordation of the final trap
for any particular unit of the project applicable S taste or federal
law requires that the project distribution lines in said unit be
constructed underground , said sum of thirty-five dollars ($35 .00)
per lot in said unit shall be changed , as agreed upon in writing
by the parties , in order to be sufficient to cover the cost of
underground construction of such project distribution lines . The
foregoing proviso shall not be construed as constituting an agreement
that either the District or LakeWorld desires , favors or anticipates
the underground construction of project distribution lines in the
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project , and the parties declare that it is their intention and
desire that project distribution lines be constructed overhead.
The District shall deposit all payments received under
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this cons tact in an interest bearing trust account and shall
thereafter use said funds solely for costs of constructing and
extending project distribution Lines and appurtenances as provided
in Paragraph 1 ; provided, that upon the District 's Board of
Directors determining that all requirements of the project for
project distribution line construction and extension have been met ,
said funds may be used for the improvement of the District 's
electric power system anywhere in the District . Except as otherwise
specifically provided in this Agreement , after making the payments
provided for in this paragraph LakeWorld shall have no further
responsibility with respect to the construction or extension of
such project distribution lines and appurtenances .
3. Clearin of Back Lot Line Easements . LakeWorld shall
clear back lot line utility easements in the project as designated
by the District for purposes of installation of such project dis tri-
bution lines .
4 . Rates Tolls and Char es . Each applicant for service
within the project shall be responsible for making payment to the
District , at the established rates , tolls and charges as fixed by
the District 's Board of Directors from time to time pursuant to
law, for connection and electric service made available by the
District to such applicant, but applicants for service on the
lots set f orth on Exhibit B and on all lots in units other than
Units 1 , 2 and 3 of the project , shall -have ' no responsibility for
project distribution line construction or extension inasmuch as
the cost of project distribution line construction and extension
to such lots is covered by LakeWorld's payments to the District
under Paragraph 2 . To the extent that LakeWorld retains owner-
ship of any lots to which electric service from such works is
available, it shall pay the same rates , tolls and charges levied
by the District as any other lot owner.
5 . , Lands and Interests in Land for Project Distribution
Lines . LakeWorld shall convey to the- District from land owned by
LakeWorld without cost to the District all lands and interests in
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land required for project distribution lines and appurtenances
located within the project and shall incorporate said lands and
interests in land on all project subdivision maps. The form and
content of the conveyance of such lands and interests in land
and the dimensions thereof shall be satisfactory to the District
as providing the District what is reasonably needed for the
facilities located thereon.
6. Liability. The District shall save and hold
LakeWorld harmless against all claims , demands and charges that
may be based on any trespass , injury or alleged injury to any
person or property that may occur , or that may be alleged to have
occurred , in the course of the performance of the construction of
all project distribution and service lines by the District under
this agreement , whether such claims shall be made by an employee of
the District or by a third person. If any judgment shall be rendered
an
against LakeWorld in action or actions in which the District is
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a party , or of which it is given notice by LakeWorld, the District
shall , at its own costs and expense , satisfy and discharge the
same. LakeWorld shall promptly give written notice to the District
of any such claim or action.
7. ' Assurances of Service by District . From time to
time when requested t ed b Y LakeWorld as to a particular unit of the
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project , the District shall give assurances of electric service to
b the District in accordance wi `h this agreement which
such unit y g
are necessary in connection with the f of lowing:
a. The approval of subdivision maps for each unit filed
or recorded by LakeWorld with the County of Nevada.
b . The obtaining by LakeWorld of original or amended
final an public reports and preliminary public report which
P P Y
LakeWorld may desire to obtain , from the State of California Real
Estate Commissioner for any unit of the project-*
c. Any other approvals by governmental agencies required
in order to allow Lakel-lorld to subdivide any project land or sell
any subdivided lots and parcels in the project ,
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• All such assurances shall be requested by LakeWorld
within ten (10) years from the date of this agreement . But no
such assurances shall be requested as to any particular unit
until needed by LakeWorld in order to proceed expeditiously to
record an approved final subdivision map for said unit or
obtain any other original or amended approvals by governmental
'agencies required so that LakeWorld may subdivide any project
land or sell any subdivided lots and parcels in the project ,
8. notices . Notices or requests from either party
to the other shall be in writing and shall be delivered or
mailed , postage prepaid , to the following address , or any change
thereof of which the other party is given notice , and shall be
effective upon delivery or upon mailing : LakeWorld Development
Corporation , 3055 Alvarado Street , San Leandro, California 94577 ;
Truckee-Donner Public Utility District , Truckee , California 95734.
9 . Successors and Assi ns . This agreement shall be
binding upon and inure to the benefit of the- successors and
assigns of both parties . LakeWorld shall not assign any of its
tights , duties or obligations under this agreement without the
prior written consent of the District , which consent shall not be
unreasonably withheld ,
10. District Powers - Severabilit Nothing herein
contained shall be deemed to limit, restrict . or modify any right ,
duty or obligation given , granted , or imposed upon t%e 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 , and in the event that
any part or provision herein contained in this agreement or in-
corporat d herein , be found to be illegal or unconstitutional
by a court of competent jurisdiction , such findings shall not
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affect the remaining parts , portions , or provisions hereof .
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the dayand year first above written.
Y
TRUCKEE-mDONNER PUBLIC UTILITY
DISTRICT
(SEAL) By
ATTEST:
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Se, a tart'
LAKEWORLD DEVELOPMENT CORPORATION
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ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF NEVA A
On this 7th..... dayof Lot , 19709
before me Everett Thomas --Paul-us ers onall
� P Y
appeared Paul palePP400010� and
Gp-nrup- Cntj AD known to me to be the president and
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secretary of the Truckee-Donner Public Utility Distri ct
that executed the within instrument and acknowledged g to
me that such district executed the same.
EA t,
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`? 72 Notary Pub!3.c in an or the
I[,_v�.=}:.' `� - _ , .' , ,. ..f..... ♦.J. '1>'Y pR'w'.,IIF +I Countyabovean d State
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
On this 13th day of Au ust 19709
before me Lavelle M. wood a rs ona l l
-- - s P Y
appeared F. W. Valley and
known to me to be the President
of the corporation that executed the within instrument
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and acknowledged to me that such corporation executed
the same
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.. . C ;FfCIAL SEAL WPM
o a ry Pu*2.c in anfor the
aboveLAVE-ILEWOOD
Countyand State
PX`N�C-I AL OFFICE IN
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Exhibit B
Unit No. 1 - Lots 1 , 45 , 78 .
Unit
No. 2 Lots 115 , 1269 1530 1699 1729 1769 220 .
Unit No .
3 - Lots 224 225 , 2269 2279 - 2329 2330 2349 2350 236 ,
244 245 2469 2479 258 , 2599 260, 267 , 272 , 276 ,
2779 278 2799 2809 2819 283 , 2879 2889 2899 2909
2919 292g s 293 2949 2959 296 , 2979 3049 305 , 3069
3079 3099 3109 3119 313 , 314 , 3159 3169 317 , 3180
323 3249 3299 3309 3319 3329 3359 336 , 3370
Exhibit B