HomeMy WebLinkAboutRES 1978-01 - Board t
RESOLUTION NO. 7801
of
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
' ESTABLISHING.- DISTRICT POLICY
REGARDING THE LEASE OF DISTRICT LAND
The Board of D i rectors of the Truckee-Donner Public Utility District
shall observe the following steps as part of .its determination to lease Dis-
trict-owned land:
1 . 1 t must determi ne that a potent i a 1 1 essee ex i sts for the pa rcel
in question;
2. 1 t sha 1 1 eva 1 uate the parcel and obta i n the op i n i ons of both the
Manager a nd D i s t r i ct Eng i neer rega rd i ng the s i ze of the pa rcel and the des i r-
ab i 1 i ty to obtain long-term revenues from the lease thereof;
3An independent appraisal shall be obtained from a qualified
M.A. I . appraiser relating to the value of the parcel or any part thereof and
to its best possible use;
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4. The Board shall comply with the terms of Public Utilities Code
Section 16431 et seq. and Government Code Section 54221 et seq. and make the
findings required pursuant to said sections, In the event that any doubt ex-
ists, the Truckee Donner Recreation and Park District shall be contacted to
render its opinion. After a finding is made, the Board shall adopt a resolu-
tion affirming these findings;
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5. The Board s'hal 1 conduct a public hearing and determine the
desirability of leasing the parcel ;
6. Due notice shall be given by advertising at least four (4) times
in the local newspaper, and in such other publications and journals as the
Board feels just and reasonable;
7. The Board shall advertise its minimum requirements and shall
T award the lease only by competitive bidding. All bidders mu s t' submit a
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certificate of deposit, certified check, or bid bond in a sum equal to ten
percent (10%) of the bid. Said deposit, check, or bond shall be forfeited
in the event that they are awarded the lease and fail to accept the same with-
in a reasonable period of time,
8. The Board shall award the lease in an ordinance, and said lease
shall be conditioned upon the following:
a. A minimum annual rent of one percent 0%) of the fair
market value;
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b. Cost of living increases every five (5) years;
c. Term of thirty (30) years (not to exceed 55 years) ;
d. The District shall retain control over the use of the
parcel and the design of the structures to be construct-
ed thereon;
e. The lessee shall reimburse the District for all costs
expended in connection with the lease of the parcel in-
cluding legal , engineering, appraisal , advertising and
supervisory costs;
f. The District shall provide and the lessee shall pay for
a title policy evidencing District ownership of the
parcel ;
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g. The lessee shall be responsible for the taxes to
levied upon the parcel; and
h. Lessee shall indemnify the District so that the
District-shall not be liable for- any damage or
liability of any kind or for any injury to 'or
death of persons or damage to property of Lessee.
or any P 9 other person during,n , the term of -the lease,
from any cause whatsoever, by reason of the- use,
occupancy and enjoyment of the pa rce 1 by the
lessee or any person thereon or holding under said
lessee, and that lessee w i l 1. indemnify and save F "
harmless the District from all ' liability whatso-
ever, on account of any such real or claimed dam-
age or injury and from all liens, claims and de-
mands arising out of the use of the parcel and
its facilities, or any repairs or alterations
which the lessee may make upon the parcel . Lessee
wi 1 1 carry and ma i nta i n, at i is sol a cost and ex-
pense, bodi ly injury 1 iabi 1 ity insurance with
limits of not less than $500,000.00 per person
and $] .,000,000.00 per occurrence insuring against
any and all liability of the insured with respect
to said premises or arising out of the maintenance,
r use or occupancy thereof, and property damage lia-
bility insurance with a limit of not less than
$200
3,000.00 per accident or occurrence. All such
bodily injury -liability insurance and property
damage liability insurance shall specifically in
sure the performance by lessee of the indemnity
agreement as to liability ab i 1 i tY for injury ury to or death
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of persons and injury or. damage to property as
set forth above. As evidence of the foregoing
insurance lessee shall provide District with a
A certificate of insurance indicating the District
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as a co-insured;
i . The Board shall make any findings made necessary
by the California Environmental Quality Act.
PASSED AND ADOPTED by the Board of Directors of the Truckee-Donner
Public Utility District at a meeting held within said District on the fourth
(4th) day 'of January, 1978, by the following roll call vote:
AYES: Peggy Alexander Roberta Huber -Karl Kuttel ,
James Maass Pat Sutton
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NOES: •
ABSENT: •
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
By
PAT SUTTgN, President
ATTEST:
A. Milton Seymour
Clerk Thereof
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