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Home My WebLink AboutRES 1970-14 - Board j� 1 NOES: Directors • 2 ABSENT: D free tors 3 TRU CIKEE -- D 0 L UTILITY DISTRICT 4 5 y Pr e s i. e n t 6 )l T T"S T 7 le r a.n eN- VH is i0 Secretary t ere0 8 9 . (SEAL) 10 i ll ` I f , 12 13 14 15 16 17 18 1 19 " I i 20 I r 21 22 23 24 25 26 27 28 29 30 i 31 32 MOERLAIN AND CNAMSERLAIN ATTORNEYS AT LAW -NK OF CALIFORNIA SLOG. AUBURN. CALIFORNIA ... 2 July 23, 1970 Page 12 7 A AGREEMENT BETWEEN TRUCKEE--DONNER PUBLIC UTILITY DISTRICT AND LAKEWORLD DEVELOPMENT COMPANY RESPECTING WATER FOR RECREATIONAL LAKES ON TAHOE NORTHWOODS DEVELOPMENT d entered into this 23rd day of THIS AGREEMENT , made an y tT ul 1970 , by and between Truckee-Donner Public Utility District , a local public agency of the State of California, here inafter ter referred to as "the District ," and LakeWorld Development Corporation, a California corporation , hereinafter referred to as "LakeWorld" ; W I T N E S S E T H: 41� doom* WANNO mom loom mom Cana loom loom WHEREAS , F. W. Valley , LakeWorld's President, has options to buy certain property Located within the District in Nevada County , California, which LakeWorld plans to subdivide and develop into a recreational_residential subdivision , to be known as "Tahoe Northwoods ," hereinafter called "the project" ; and . WHEREAS , the District and LakeWorld have previously entered into two agreements , one dated March 19 , 19 70 , and the other dated May 8, 1970 , the first providing for water service to residential lots , commercial areas , clubhouse and a golf course on the project , and the second providing for electric power service to the project ; and WHEREAS , LakeWorld is planning the construction as part of the project of recreational lakes having a total surface area of approximately 85 acres , a total capacity of approximately 1 ,500 acre-feet , and ,an expected total annual evaporation loss of approximately 200 acre-feet, and desires to purchase from the District a sufficient amount of water for the initial filling of said recreational lakes and thereafter for replacing water lost from said lakes through evaporation; and WHEREAS , the District is willing to agree to sell water to LakeWorld for the initial filling of said recreational s lakes and the offsetting P of evaporation losses thereafter pursuant to the terms and conditions hereinafter set forth ; NOW, THEREFORE, the parties mutually agree as follows 1. After completion by LakeWorld pursuant to the agreement between the parties dated March 19 , 19 70 , of the initial supply facilities and the portion of the distribution system required to deliver water to said recreational lakes on the project , the District shah. , upon receiving written reghest therefor from LakeWorld, deliver to said recreational lakes the amount of water necessary for initial filling of said recreational lakes not to exceed 1 ,500 acre..feet. The water for such initial filling shall be delivered at such rate of delivery as requested by LakeWorld in such written notice within the capacity of the initial supply facilities and distribution system facilities required to accomplish such delivery. 2. After initial filling of said recreational lakes has been accomplished, the District shall , pursuant to written request by LakeWorld, provide water in such amounts , not to exceed 200 acre--feet per year, at such times and at such rates of delivery within the capacity of the initial supply facilities and distri- bution system facilities required to accomplish such delivery , as requested by LakeWorld for the purpose of replacing evaporation losses from said recreational lakes . 3. The amount of water delivered in accordance with the preceding paragraphs shall: be measured at the point of delivery to said recreational lakes by suitable measuring devices installed at the expense of LakeWorld and thereafter maintained, operated and replaced as part of the distribution system by the District . The District shall keep accurate records of the amounts of water delivered to said recreational lakes as measured by such said measuring devices , and LakeWorld shall have the right to inspect and test the accuracy of said measuring devices . The District shall keep said measuring devices in good and accurate working condition and shall make any necessary corrections in the records of measure- ment in order to accurately reflect the amounts of water actually delivered. The District shall have no obligation with respect to 2-- .... _. .. .--+r-w...+c�swwi.►asw!`vrrr�!s-wT�.x++p}{,+wMr+CFrww+ca+.+wr.ri 1>.wwl►'V►.NPSivss a^+....riv..+r...-. ,..:_:.,-...i„r.�iz:++:.-r...-.,r o=.-.,a. operation, maintenance or repair of said recreational lakes , such obligation being entirely that of LakeWorld or its suc- cessors and assigns. 4. LakeWorld shall pay for water so delivered to said recreational lakes at the rate of eight cents ($ .08) per thousand gallons , and sha111 snake payment to the District therefor within thirty days after receiving bills from the District setting forth the amount of water delivered during the billing period. The District shall bill for water delivery periodically but not oftener than monthly. 5 . This agreement shall become operative on October 1, 1971, and shall terminate on September 30 , 1976 ; provided, that this agreement shall be automatically renewed for additional periods of one year beginning on July 1, 19 76 , unless the District gives written notice to LakeWorld not less than sixty days prior to the termination of each succeeding one-year extension that the District will not have sufficient water available to offset evaporation losses from said recreational lakes during the succeeding Y g year after taking into account the District 's oblio" gat ions to provide water within its boundaries for domestic and irrigation purposes . 6. Supply and usage of water hereunder shall be in accordance with the duly adopted or hereinafter enacted rules , regulations , ordinances , or resolutions of the District . In the event of litigation to recover or to collect any sums due and payable hereunder by LakeWorld or any successor in interest of LakeWorld to the District , and should the District prevail therein, the District shall be entitled to recover such sutras as the Court deems reasonable as and for attorneys ' f ee's in any such suit or suits , together with all reasonable costs of litigation. 7. 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 3- • i upon delivery or upon mailing: LakeWorld Development Comp any, P �' 3055 Alvarado Street , San Leandro , California 94577 ; Truckee Donner Public Utility District , Truckee, California 95734. 8. 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 rights , duties or ob l.iga-- Lions under this agreement without the prior written consent of the District , which co nsent shall not be unreasonably wi the- f ! held• provided , that LakeWorld may assign its rights and obli- P Sg ations under this agreement, without prior consent of the District to a homeowners' association made up of owners of property theproject which is expected to be formed in the �' on near future . 9 . Should the District be enjoined by a court of jurisdiction tentcomPe from performing this agreement , its obli g .at ion to deliver wa-ter as provided herein shall be suspended as long as such injunction remaind in effect . 10. District Powers - Severabilit . Nothing herein contained shall be deemed to Jimit , restrict , or modify any right , duty or obligation given, granted, or imposed upon the 8 � Y S District by the laws of the State of California now in effect , or hereafter � ado ted nor to limit or restrict the power or authority adopted, 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 P or provision rovision herein contained in this agreement or in-- � corP orated herein be found to be illegal or unconstitutional by a court of jurisdiction,vent cornPe such findings shall not affect the remaining parts , portions, or provisions hereof . IN WITNESS WHEREOF, the parties hereto have executed this agreementy on the day and year first above written. _4_ TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By own')FANNON ( UNIN ANSI President,/ JSEAL J k ATTESTOMAN } Secretary LAKEWORLD DEVELOPMENT CORPORA fi ON a r"" w s • ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF • • elm" r On this 7th ,--,, day of August 19 70, before me - Everett Thomas Paulus a rs ona l� � P y • appeared Paul Wyle • . and George Caftan - known to me to be the president and secretary of the Truckee--Donner • bDistrictPu ��•c that executed the within instrument and acknowledged to one that such distr0 ict executed the same, �Y�.il�`.a.�+�Y.�:«'-`.e..:+`._:r.P'�•.-i%;^s�..;�,..-�^--.:"-'�:'"O.-t:''�^-R�i-•.. ]�%."Nl US •- otary Pu 1ic In an or t e: above Countyand- � ��. :)Jl;3A - state STATE OF CALIFORNIA COUNTY OF A LAMEDA , • On this 1.3th dayof Au 2u-st 1970 before me Lavelle M.' Wood • -- , personally appeared F, W o Valle and • known to me tobe the Pre s i de n t of the corporation that t executed the within instrument and acknowledged to me g that such corporation executed ecuted the same. . f z0�F-i f'6u SEAL ' LAVELIE M M "m WOOD 11 c in �..�� lL�t= } o ary Pu * 0- &-, �►rW -f or t e I Nabove County and State jfly Expires.April 8, 1973 • 1 w