HomeMy WebLinkAboutORD 1979-05 - Board ORDINANCE NO. 79 05
OF
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
APPROVING AN AGREEMENT WITH DART INDUSTRIES
PROVIDING FOR ADDITIONAL ACTIONS TO FURTHER
THE COMPLETION OF THE TAHOE DONNER WATER SYS
AND AUTHORIZING THE EXECUTION THEREOF
WHEREAS, the Truckee-Donner Public Utility District entered into an agreement
dated March 19, 1970, with Lakeworld Development Company, wherein and whereby
Lakeworld , agreed to construct a water distribution system in a subdivision
developm ent at Truckee, Nevada County, California, then known as "Tahoe
Northwoods!', with the cost of construction to be borne by Lakeworldo, and
WHEREAS, said agreement calls for conveyance of the water distribution system
to the District after completion thereof; and
WHEREAS, on February 23, 1971, Dart Industries, Inc., a Delaware corporation,
purchased said developm ent subject to said agreement and changed the name of
the project to "Tahoe Donner"; and
WHEREAS, on October 15, 1973, a supplemental agreement was entered into
between the District and Dart concerning the water service to said development,
which agreement supplements the March 19, 1970, agreement with the 1970
ag reement remaining in full force and effect; and
WHEREAS, there remains certain issues relating, to the water supply for Tahoe
Donner that are unresolved; and
WHEREAS, the parties have prepared an agreement which attempts to resolve
as many issues as possible relating to the water supply for Tahoe Donner.
BE IT ENACTED by the Board of Directors of the Truckee-Donner Public Utility
District as follows:
1* The Agreement Between Truckee-Donner Public Utility District
And Dart Industries, Inc. Respecting Certain Developments
Related To The Tahoe Donner Water System attached hereto
and marked Exhibit "All is hereby approved.
2. The President and Clerk are hereby directed to execute said
Agreement for and on behalf of the District,.
o
3* The Clerk of the District shall immediately cause a copy of .
this Ordinance to be published once in the local newspaper and
copies posted in at least three (3) public places within 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 6th. day of August
1979, by the following roll call vote:
AYES: Huber Kuttel Maass
ti
N 0 ES: Sutton
ABSENT: Hatch 0
TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT
'A By
M ES A. MAASS, President
ATT To
9s;
A.
"4-
M ILTO N SEYMOU,
Clerk Thereof
AGREEMENT BETWEEN TRUCKEE DONNER PUBLIC
UTILITY DISTRICT AND DART INDUSTRIES, INC.
RESPECTING CERTAIN DEVELOPMENTS RELATED TO
THE TAHOE DONNER WATER SYSTEM
THIS AGREEMENT is made and entered into this day of 119791 -
by and between TRUCKEE DONNER PUBLIC UTILITY DISTRICT, a local public agency of
the State of California, hereinafter referred to as "TDPUD" and DART INDUSTRIES,
INC. ,, a Delaware corporation authorized to do business in California, hereinafter
referred to as "Dart,."
W I T N E S S E T He
I
WHEREAS,, Dart has- purchased the Airport Well; and
WHEREAS, TDPUD and Dart desire to provide water from the Airport Well to the
Tahoe Donner Project to satisfy the requirements of the 1970 and 1973 Agreements;
and
WHEREAS, there remain certain issues relating to the water supply for Tahoe
Donner that are unresolved; and
WHEREAS,, the parties desire to resolve as many of these issues as possible.
NOW, THEREFORE, in consideration of the mutual promises herein contained,
Dart and TDPUD agree as follows:
A. GENERAL
1. Except as otherwise expressly provided herein, this agreement does not
inodify, alter or supercede the previous agreements made in 1970 and 1973 or at
other times.
2. This agreement does not purport to be a. final and absolute conclusion of
all matters between Dart and TDPUD relating to water system development for the
Tahoe Donner pro j ect. It is the intent of this agreement to finally and conclu-
si vely resolve those items contained herein. At the present time there are no
other known unresolved items. Nothing contained herein shall affect the parties'
posture in the. Richmond case* 6
3. All of Dart's oblig ations under this Agreement are subject to a condition
precedent that Dart is able to complete the purchase of the Airport Well and ob-.
tain a dismissal with prejudice in the'Hatch case.
B. MATTERS RELATING TO THE AIRPORT WELL
1. Dart agrees to provide to TDPUD the Airport Well, necessary connecting
e
two pump stations, and other appurtenances to provide the balance of
lines,
4,000 gal lons p er minute of water (average demand on the maximum day) to the
Tahoe Donner Project.
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and contract documents and •
2. TDPUD agrees to review the plans, specifications
•
make recommendations far compliance with existing TDPUD, standards within ten (10)
days after presentation to the Board of Directors.
3. When any developer directly connects to the pipeline within ten (10)
years from acceptance of the pipeline, a facilities fee will be levied by TDPUD
and reimbursed to Dart exclusive of TDPUDIs administrative, legal and engineering
charg es. The appropriate facilities fee shall be determined by the District En-
gineer and shall not be., less than the TDPUD' s then current fee schedule.
4. Dart agrees t6" include tees at appropriate intervals in the pipeline to
provide for future fire hydrants. Hydrants are not to be provided by Dart.
S. Dart agrees that the desig n criteria for the Airport Well with pumps and
appurtenances shall be 2,500 gallons per minutes.
6. Dart also agrees to provide a 400,000 to 600,000 gallon water tank,
Pump station and associated equipment necessary to pump 2,500 gallons per minute
to the Northside Tank.
7. Dart agrees to provide, in the Airport Well pumphouse, piping to accomo-
date additional future pumps to ultimately supply additional water from the Air-
port Well to the community of Truckee. Dart agrees to supply pumps and facilities
to p rovide the Truckee Tahoe Airport District with up to 2,000 gallons per minute
f or f our hours of f ire f low water.
8. Dart and TDPUD agree that the present pump in the Northside Well will
remain the same, but the piping will be changed by Dart to provide for an addi-
tional booster station at the Northside Well.
9. Pursuant to the terms of Dart's purchase agreement for the. Airport Well,
TDPUD ag rees not to impose any source and storage fees on the property presently
owned by the Truckee Tahoe Airport District or any connection fees for the Truckee
Tahoe Airp ort District's existing domestic uses; however, the Truckee Tahoe Air-
port District will be responsible for normal, monthly ,water usage fees, now or
he imposed by TDPUD for fire, standby, water and domestic consumption.
10. Dart agrees to transfer to TDPUD in as-is condition any interest Dart
may acquire in the present Airport Well pump, motor and appurtenances removed
from the Airport Well, if not usable elsewhere in the project.
11. Dart agrees to grant to TDPUD, and TDPUD agrees to accept, the Sanders
Well along with pipeline easements between the Sanders Well and the Northside
pump station.
12. Dart ag rees that the design criteria for the equipment at the new North-
side Booster Pump Station shall be to pump 4,000 gallons per minute to the Donner
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Trails Tank.
13. TDPUD aqrees that the above actions will satisfy all water volume re-
quirements for the Tahoe Donner Project at full development as well as any demand
by TDPUD for_ three sources of water.
C. OTHER MATTERS
1.. TDPUD agrees to reimburse Dart the sum of $23.769.18 for sums advanced
by Dart to up-size the'West River Street pipeline.
2. TDPUD aqret=is to record with the Nevada County Recorder the deeds receiv-
ed from Dart during the month of December, 1-975.
3. TDPUD agrees to release the 828(),1000.00 performance bond originally
issued try gu*arantei:% the insta-l-lation of the Donner Lake facilities unon disability
of the nipeline and removal of the treatment plant.
4. TDPUD agrees to grant to the Tahoe Donner Propertv owners Association
the beacon power line easement extending from the southerly boundary of Tahoe
Donner Unit No. 8 to a point where the easement leaves Tahoe Donner near the
northeast corner of Unit No. 8. This grant to the Property owners Association
shall be effective upon completion of new power lines being constructed in Unit
No. 8 by Dart.
5. TDPUD agrees to grant access easements across the front of Parcel I,
Unit 8 (Sitzmark Tank) , and across Parcel A, Unit 9 (Falcon Point Tank) , to the
adjacent lot owners using those access easements.
6. Dart agrees to change the obligation of the 1.6 million dollar letter
of credit from Donner Creek facilities to the Airport Well and Pipeline facilities.
TDPUD agrees to approve the change after completion of the Airport Well purchase
by Dart.
7. Dart agrees to reimburse TDPUD Restricted Funds for Tahoe Donner Water
System Improvements in the amount that was previously withheld for the Northwoods
Boulevard pipeline of $56,875.00.
8. Dart agrees to contribute to TDPUD Restricted Funds for Tahoe Donner
Water System Improvements the amount of $32,000.00 that was excluded by the
terms of the 1970 Agreement.
9. Dart agrees to reimburse TDPUD General Fund the sum of $14,000.00 for
work performed in trouble-shooting and eliminating design problems in the Tahoe
Donner telemetry system. %
10. Dart agrees to reimburse the TDPUD General Fund the sum of $6,000.00
for the purchase of a data logger for the telemetry system.
11. Dart agrees to reimburse TDPUD General Fund for all costs relating to
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the purchase and ins-.- __Llation of four altitude valves, one each at Herringbone and
Roundhill, Falcon Point. and Sitzmark Tanks, provided, however, the amount of reim
bursable cost of these altitude valves shall not exceed $25,000.000
12. Dart agrees to pay TDPUD General Fund the sum of $35,000.00 for cathodic
protection, investigation and mitigation on the Tahoe Donner Water Distribution
p
System in full settlement of any claims of the TDPUD arising out of design or
construction- by Dart of the Tahoe Donner Water System*
13. Dart ag rees to commission Dr. John Sharp to compile and print an update
to the 1975 Truckee Groundwater Report and to provide twenty (20) copies to the
TDPUD.
14. Dart ag rees to grant to TDP`UD a small parcel adjacent to the Donner
Trails Tanks (Parcel #18,--681-013) .
15. Dart agrees to release Dart' s security interest on the Southside Com-
plex property held as security for the under-river crossing.
16. Dart ag rees to grant TDPUD a utility easement across the westerly
boundary of 1.a two and one-half acre parcel behind the Church on Highway 267 (Par-
cel #19-44-27) 0
17. Dart will, within forty (40) days after execution of this agreement:
a) Remove the pumps from the Donner Lake pumphouse; and
b) Fill with concrete the pit that contained the pumps and fill with con-
crete app roximately sixty (60) feet of the intake pipe to the existing valve near
the concrete launching ramp; and
c) Offer the pumphouse building to the Tahoe Donner Property. Owners Associa
tion. If the offer is not accepted, Dart will remove the building.
18. Dart shall, on or before July 1, 1982, remove the treatment plant from
its present parcel.
IN WITNESS WHEREOF, the p arties hereto have executed this agreement on the
day and year first above writtene
TRUCKEE DONNER PUBLIC UTILITY DISTRICT DART INDUSTRIES, INC.
By By
James A. Maass, President
ATTEST: ATTEST:
A. Milton Seymour
Clerk of the Board
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