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HomeMy WebLinkAboutRES 1983-57 - Board RESOLUTION NO* 83"-0— OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT APPROVING AMENDMENT TO DEVELOPER AGREEMENTWW� MARTISWOODS WHEREAS the plans , specifications and contract documents for the construction of water distribution mains, elevated storag e tank , surface storage tank and booster pump station concerning Martiswoods subdivision were reviewed and approved by the Board of Directors on April 20 , 19 81o0 and WHEREAS, said water improvements were performed pursuant to the written contract and in accordance with Placer County' s Resolution No. 81-251 , which approved the Martiswoods Estates Assessment District* and WHEREAS, the Truckee Donner Public Utility District has insp ected, tested and approved the field installation of the %iater distribution system, elevated storage tank and surface storage tanks; and WHEREAS, the booster pumping station remains to be comp leted, lacking power to the pumping system; and WHEREAS, Sierra Pacific Power Company' s construction and installation schedule for the installation of the power system is estimated to begin September 1, 1983, and be completed by October 15 , 1983; and WHEREAS, the owners of Martiswoods Estates have provided the District with a letter of assurance and commitment from Sierra Pacific Power Company that the electrical system will be energized by said date, and have requested conditional acceptance of the water storage tanks* and Owl- Ak-. WHEREAS, the General Manager and District Counsel have negotiated an amendment to that certain development agreement between Martiswoods Estates and the District, dated April 20, 1981, providing that the water storage tanks be conditionally accepted; NOW, THEREFORE,? BE IT RESOLVED that the amendment to the agreement between the Truckee Donner Public Utility District and Martiswoods Estates, a California limited partnership, be and hereby is approved; and BE IT FURTHER RESOLVED that the elevated water storage tank and sur- tow face mounted water storage tank constructed by Martiswoods Estates, in accordance with the above-described agreement dated April 20, 1981, be and hereby are approv- ed and accepted by the District. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on the 22nd day of August, 1983, by the following roll call vote: AYES: Hamilton, Maass, VanLandingham and Corbett. NOES: None. ABSENT: Kuttel. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By • J n L. Corbett, President ATTEST: Susan M. Craig, Deputy Di str is Jerk AMEND MEN TO DEVF, (-)PMFNT TRUCKEE DU"JIJER PUBLIC UTILITY D I S'I'P -CT A,`,iD MARTISWOODS ESTATES, A CALIFORK Ir% L TMITED PAkT!'ERSH I P DATED AP R I I, G-� , 1981 This Agreement between the Truckee Donner Public Utility District a local. public agency in the State of California, hereinafter referred to as "the District" and Mart i swoods Estates Limited, a California limited partnership, hereinafter referred to as "Developer,,* is made to amend that certain agreement entered into between the parties dated April , 1981, hereinafter "Agreement, " In consideration of the fact that Developer entered into separate written contracts with Placer County concerning the development of the improvements referred to in the Agreement, which resulted in separate construction contracts for the construction of the elevated and surface mounted water storage tanks , and the remainder of the water distribution system; and construction of the water storage tanks has been completed by Developer and inspected, tested and approved by the District, it a is agreed as follows: 1 . That construction of the water storage tanks shall be deemed comp let in accordance with paragraph 30 of the Agreement; and 2. The District shall accept the water storage tanks subject to the completion and final acceptance of the remainder of the improvem en,nts described in the Agreement. 3. The following additional terms and conditions shall apply: A. Domestic water service shall not be provided by Developer until completion and acceptance of the remaining improvements in accordance with the Agreement; 8. Water may be used by Developer for 'construction purposes only, upon valid permits from Placer County. co Developer hereby releases and agrees to - indemnify and save the District harmless, including reimbursement of attorneys fees , from and against any and all claims, duties, demands, costs, losses, damages, l iabi lit ies, and lawsuits, howsoever the same may be caused, asserted at any time, by any and all persons, firms, corporationso public entities or other entities, which directly or indirectly result from the District' s conditional acceptance of the water storage tanks as provided in this Amendment to Agreement. Y S� r 4 All other terms and conditions of the agreement shall remain . in full force and effect, except as otherwise modified herein. Dated: August 2 2, 1983 TRUCKEE DONNER PUBLIC UTILITY DISTRICT By in L. Corbett, President MARTISWOODS ESTATES* A CALIFORNIA LIMITED PARTNERS H I P . � r Ernest W. Davis* General Partner 5335 Claremont Avenue Oakland. California 94610 9 State of on this th ay of 19 . ' ., before me. ss, %*AVC_5���0,0� ow- 42.4�0 County of - the undersigned Notary Public, personally appeared SEAL known to me to be the person(s) whose names) subscribed 4 r' to the within instrument and acknowledged thatStjS A-N, , �A . _ �..._....�.. CPA executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. ^ • , GENERAL ACKNOWLEDGMENT FORM 7110 041 NATIONAL NOTARY ASSOCIATION•23012 Ventura 8tvd.•Woodland Mft.CA 91364 1. ti rt.Y C'./`r r (.�i✓ '-_i`! "J . !'. L!fL 26 1935 , WITNESS my hand and official seal. Notary Public in and for said State.