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HomeMy WebLinkAboutRES 1980-69 - Board e. RESOLUTION NO, 80p OF TRUCKEE-DONNER PUBLIC UTILrl'Y DISTRICT AUTHORIZING THE EXECUTION OF THE DEVELOPMENT AGREEMENT AND APPROVING PLANS AND SPECIFICATIONS FOR GOLD TOWN CONDOMINIUMS WHEREAS, the District has been negotiating the terms of a developer's agreement respecting that certain real property known as Assessor's Parcel No. 19-450-011, also known as Gold Town Condominiums; and WHEREAS, District Counsel has presented to the Board of Directors the mos't recent draft of the appropriate agreement acid recommended its approval; and WHEREAS, plans and specifications for Phase I of the project have been submitted and the District Engineer has recommended their approval. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Truckee-Donner Public Utility District as follows. I. The Board of Directors do hereby approve the Development Agreement Between Truckee-Donner Public Utility District and Great American House Company -idom,*n' Respecting Gold Town Coi I lums, and direct the President and Deputy District Clerk to execute the same on behalf of the District. 2* The Board of Directors do hereby approve the plans and specifications for Gold Town Condominiums. PASSED AND ADOPTED by the Board of Directors of the Truckee-Donner Public Utility District, at a meeting held within said District on the day of October, 1980, by the following roll call vote: AYES: NOES* ABSENTS TRUCKEE-DONNER PUBLIC UTILITY DISTRICT B y i am s A. Maass, Vice President A AT'FEST:/T' '�T: 'ST' S S S - S A�N�C�IRCA�1,G Deptity District Clerk4�P4 SEG*Olg 9/17/80 DEVELOPMENT AGREEMENT BETWEEN TRUCKEE-DONNER PUBLIC UTILITY DISTRICT AND GREAT AMERICAN HOUSE COMPANY RESPECTING GOLD TOWN CONDOMINIUMS THIS AGREEMENT, made and entered into this day of October, 1980, by and between TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, a local public agency of the State of California, hereinafter referred to as "The District", and GREAT AMERICAN HOUSE COMPANY, a California Corporation, hereinafter referred to as "Developer"; WITNESSETH: WHEREAS, Developer is subdividing that certain property known as Assessor's Parcel No. 1.9-450-011, located within the District in Nevada County, California, which Developer plans to develop into townhouses, to be known as "Gold Town Condominiums" hereinafter called "The Project", and WHEREAS, Developer is planning by phases construction of a water and electric distribution system for the Project which system, together with all necessary lands, easements, and rights-of-way therefor, is hereinafter called `Fhe Distribution System"* and WHEREAS, Developer will prepare plans and specifications for the construction of the distribution system by phases all in accordance with the requirements hereinafter agreed upon; and WHEREAS, Developer desires the District to accept each phase of the distribution system into the District's respective water and electric systems upon completion thereof and thereafter operate, maintain, repair aind replace said wor-ks as necessary, and the District is willing to do so, provided the distribution system L is Properly constructed in accordance with the approved plans and specifications t heref or. NOW, THEREFORE, the parties mutually agree as follows. 1, STANDARDS It oft. DISTRIBUTION SYSTEM: Developer, at its expense, shall design and prepare plans and specifications for the distribution systern and each phase thereof in accordance with the following standards and requi rem ents.10 Ak PHASE I DISTRIBUTION SYSTEM (a) Approximately 1305 linear feet of 8-inch diameter pipe, hereinafter referred to as "8-inch maid", from a connection with an existing 8-inch diameter pipe of the District's water system on Palisades Drive at the northeasterly corner of the project to an existing 8-inch diameter pipe of the District's water system on Palisades Drive at the southwesterly corner of the project. (b) Approximately 595 linear feet of 6-inch diameter pipe serving Blocks 1, 27 3, 4, and 5 from connections to the 8-inch mairt. 2* REVIEW OF PLANS AND SPECIFICATIONS: Two copies of the completed plans and specifications as described, in the preceding paragraph for each phase of the distribution system shall be submitted to the staff of the District for review and approval. The staff of the District shall use their best efforts to expedite such review. 39 APPROVAL OF PLANS AND S PECIFICATIONS BEFORE CONSTRUCTION: Before construction of any phase of the distribution systern is commenced, Developer shall secure written approval from the District of the plans and specifications therefor as being in accordance with said standards. Any changes in such approved plans and specifications shall require the written approval of Developer and the District. 4. RIGHTS-OF-WAY: Developer will provide the District with all necessary easements and rights-of-way to provide the water and electrical service to the project, as required by the '60 District Engineer. 5.. CONSTRUCTION: Developer shall, without expense to the District, construct the distribution system by phases pursuant to the approved plans and specifications or any approved modification thereof. Developer shall provide in each contract f or constr uc ti orl of t fie distribution systern t hat anv contractor's or supplier's guarantees thereunder, including a 2& rr one s year warranty on the completed improvements, shall inure to the benefit of the District after the works constructed thereunder have been conveyed to the District as provided for in Paragraph 8. Developers, shalt also provide in each contract for construction that the contractor's public liability and property damage insurance shall be extended to cover Developer and the District and their agents, officers and employees as additional insureds. Developer shall give the District ten days advance written notice as to the starting date of construction of any works. 6* INSPECTION OF CONSTRUCTION.-, The District shall inspect the construction to assure itself that the works are installed in accordance with the approved plans and specifications. Said inspection shall be at the expense of Developer. The District shall notify Developer in writing as to any deviation or failure to construct pursuant to the approved plans and specifications as soon as such deviation or failure is brought to the District's attention, and Developer shall correct such deviation or failure. 7* HOLD HARMLESS:, The fact that the District inspects the construction of works and notifies Developer of deviations or failures to construct therm pursuant to the approved plans and specifications shall not be deemed to constitute a p.,iarantee by the District that the works have been built in accordance with the approved plans and specifications. During construction and for the guarantee period under ecich contract for construction, Developer shall hold the District harniless against wiy and all claims, demands and charges by third parties arising out of alleged deviations or failures to construct pursuant to the approved plans and specifications. 8* CONVEYANCE TO DISTRICT: Within ninety days after completion of construction of each phase of the distribution system in accordance with the approved plans and specifications therefor: (a) Developer shall convey title to the completed works to the District, without cost and free and clear of all liens and encumbrances, by appropriate conveying documents, satisfactory to the District, and shall provide the District with "as built" drawings of the completed works; and (b) The District shall accept conveyance of title of the completed works by ResOILItion and include them as part of its water system, and shall thereafter operate, maintain, repair and replace such works and provide adequate water service therefrom to the lands in the project they are capable of serving. 3, 41P 9. REIMBURSEMENT OF DISTRICT EXPET�SES REGARDING PLANS AND CONSTRUCTION: Developer shall reiMburse. the District for its expenses of review and approval of the plans and specifications and of inspection of construction, immediately upon receipt of itemized bills therefor froni the District. In addition, a facility fee in the sum of $6,7 0.00 and connection fee in the sum of $4,800.00 shall be due prior to construction of any part of the project. The facility fee represents the sum of $22o.00 for each of the thirty (30) units in Phase 1, and the connection fee represents the sum of $160.00 per unit. 10., DE VELOP E R'S RESPONSIBILITIES AFTER CONVEYANCE. After the District's acceptance of completed works, Developer shall. have no responsibility for the operation, maintenance, repair or replacement thereof, except that to the extent Developer retains ownership of any lots to which water service from such works is available, it shall pay the same rates and charges or standby charges levied by the District as any other lot owner, 11. RATES AND CHARGES FOR WATER AND ELECTRIC SERVICE. All water acid electric service made available by the District to users on the project shall be at the established rates and charges, including standby charges, as fixed by the District's Board of Directors from time to time. 12* ASSURANCES OF SERVICE BY DISTRICT: From time to time when requested by Developer as to a particular unit of the project, and upon Developer filing a bond with the District as a beneficiary assuring construction of the phase of the distribution system which will. serve such phase, the District shall give assurances of water service to such phcrise which are necessary in connection with the following: (a) The approval of subdivision maps for such phase filed or recorded by Developer with t1w County of Nevada. cb) The obtaining by Developer of final public .reports from the State of California Real Estate Commissioner for such phase. cc) Any other approvals by governmental agencies required in order to allow Developer to subdivide the lands in said phase and sell the subdivided lots as said lots are shown on the final map of Gold Town Condominiums. 13. N01"ICES: Notices or requests from either party to the other shall be in writing acid delivered or mailed, postage prepaid, to the following addresses: Great American House, Co., Post Office Box 1245, Crystal Bay, Nevada, 89402; Truckee-Donner ,'{' � 4* _. 1Y Public Utility District, Post Office Box 309, Truckee, California, 95734. 14* SUCCESSORS AND ASSIGNS: This agreement shall be 1,-)inding upon and inure the benefit of the successors and assigns of both parties. Developer sha-11 not assign any of its rights, duties or obligations wider this agreement without the prior written consent of the District, which consent shall riot be unreasonably 'wi thhel d. 154. DISTRICT POWERS: Nothing herein contained shall be deemed to limit, restrict, or modify any right, duty, or obligation given, granted, or imposed upon the District by the laws of the State of California now in effect, or hereafter adopted, nor to limit or restrict the power or auti-liority of the District, including the enactment of any rules, regtdations, 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 incorporated herein, be found to be illegal or unconstitutional by a court of competent jurisdiction, such findings shal,11- not affect the remaining parts, portions, or provisions hereof. 16. MISCELLANEOUS PROVISIONS. (a) The District will furnish adequate three phase 9nd single phase power at 12,470/7,200 volts from a phase neutral "Y" source. (b) With respect to voltage regulation, it is expressly understood that the District makes 110 representations regarding the voltage regulated at the Project. (c) eve1oper shall receive rei mbursement purl cant to District Rule 15 from all parties who connect or receive benefit from the water ma- in extension constructed and paid for by Developer. (d) This Agreement expires upon the expiration of the Tentative Map for the project. IN WITNESS WHEREOF, the parties hereto Yove executed this agreement on the day and year fir.-!ft above written. TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By J V den-t I 50 ATTEST. ST. 00 `A N C RM Deputy District I.J k GREAT AeAIERICAN HOUSE COMPANY By d« 60