HomeMy WebLinkAboutRES 1981-34 - Board RESOLUTION NO
s_
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
AUTHORIZING THE EXECUTION OF THE
DEVELOPMENT AGREEMENT AND APPROVING PLANS
AND SPECIFICATIONS FOR MARTISWOODS ESTATES
WHEREAS, the District has been negotiating the terms of a development
agreement respecting that certain real property known as Assessor's Parcels
numbers 80-06-39 and 80-06-46, also known as Martiswoods Estates; and
WHEREAS, District Counsel has presented to the Board of Directors a
draft of the appropriate agreement and recommended its approval; and
WHEREAS. plans and specifications for the pro ject 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:
1. The Board of Directors do hereby approve the Development
Agreement between the Truckee Donner Public Utility Dis-
trict and Martiswoods Estates, a California limited part-
nership, 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 Martiswoods Estates.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner
Public Utility District at a meeting held within said District on the„��e9e��
day of 1981, by the f ollowing roll call vote:
AYES:
AI
NOES*
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
dD
Bym
Roberta C. Huber, President
ATTEST:
Susan M. Craig, Deputy District Clerk
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4/20/81
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A G R E E M E N T
FOR CONSTRUCTION AND OWNERSHIP QE
DOMESTIC WATER SUPPLY SYSTEM
MARTISWOODS ESTATES ASSESSMENT DISTRICT, . .
PLACER COUNTY, CALIFORNIA
THIS AGREEMENT, by and between the TRUCKEE--DONNER PUBLIC
UTILITY DISTRICT, a public corporation, Nevada County, California,
hereinafter called "District, " and the COUNTY OF PLACER, a political
subdivision of the state of California, hereinafter called "County; "
Ind I� T N E S S E T H
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l.. The public interest and convenience require the acqui~
sition, construction and installation by County, and maintenance, opera dw
tion and use by District, of improvements
designed to provide the
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domestic water service facilities and appurtenances necessary and
convenient for the providing of water service in and for the property
p y
located. in Marti.swood Estates Assessment. D* strict, Placer County,
California, as set forth in the approved final plans and specifications
provided to District in accordance with the provisions of paragraph 2
of page 2 of this agreement. It is proposed that said facilities be
acquired, constructed and installed by County pursuant to special
assessment district proceedings undertaken by Count ursuant to the
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Municipal. Improvement Act of 1913 , and that after such acquisition, .
construction and installation by County, ownership of said facilities
shall vest in District, and the providing of water service within said
territory shall be under the management and control. of District.
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Therefore pursuant to the provisions of the Munic ipal
Imp rovement Act of 1913 , and particularly Sections 10109 through
10111 thereof, the parties hereto have entered into this agreement.
The assessment district proceedings referred to are designated as
the Martiswoods- Estates Assessment District, Placer County, Cali-
f ornia
2 , Improvement plans and specifications for s aid water
f ac i l itie s have been prepared by Weatherby Associates, Inc. , Project
Engineer appointed by count in said p�roceedi.ngs, Said plans have ,
been submitted to and approved by the District. It is agreed that
all of said work shall be installed in accordance with full and com-
plete final improvement plans and spec if icat'ions to be approved by
the District prior. to commencement of construction, and that said
final improvement plans and specifications are hereby .approved by
District. No chang es in said final improvement plans and specifica-
tions may be made without the prior written consent of District,
3* Said water facilities shall be constructed by County
as herein provided at its sole cost and expense and at no cost or
expense to District, and County further agrees that i.t will pay to
District any and all costs incurred by it in connection herewith for
inspection. Said costs shall be paid by County to District upon
demand by District,
4 . District may at all times maintain an inspector over
the work of installation of said water facilities to see that Dis-
tract' s requirements have been met ' and that plans and specifications
have been complied with, and the County and its engineers shall co-
operate with the District' s inspector, or inspectors, in the duties
incident to design or construction. After completion and acceptance
2
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of the work,, County will cooperate with District in the enforcement
of any guarantee made by the contractor in contractor' s agreement
to perform the work; and shall cause said contractor to name the
District as additional obligee on an acceptable surety bond guarantee-
ing against defective materials and/or workmanship for a period of
one (1} year from and after the completion and acceptance of the work,
59 Whenever mains, facilities and appurtenances to be
conveyed hereunder are not installed in dedicated streets or highways,
County shall provide or cause to be provided the necessary rights, of
way and other property necessary to accommodate said work and i.mprove-
ments, and where said easements or property are required exclusively
for water mains or facilities, or where required by District, County
shall require the execution and delivery to District of appropriate
instruments of transfer and such other documents as District may require
to convey to District said rights of way and other property.
6 . County shall require that the contractor performing
the work of construction of said water facilities name the District
as additional obligee on labor and material and faithful performance
bonds, in the sum of the bid for such work and shall require* said
contractor to name the District as additional insured on certificates
of insurance, which said insurance :shall protect the District, its,
officers, agents and employees against any claims of any nature.
7* After the work has been completed and the facilities
have been accepted by the District, all the water facilities and appur-
tenances so installed shall be the property of District and part of
its system and thereafter District may make extensions therefrom
and 'Install services thereto at any points thereon. They shall be
operated, maintained and managed by District as part of such system
under - the rules and regulations and subject to the rates and charges
of District from time to time established.
It i.s agreed that full right, title and interest in
and to said water facilities installed pursuant hereto 'is hereby •
granted to District, subject to the condition precedent of connection
of said water facilities with the water system of the District, and
written notice of acceptance thereof by District. There shall be no
obligation upon District to pay or reimburse to County any part of the
costs of said water facilities. County agrees to furnish District,
in duplicate , with "as-built drawings" of the completed installation
of said water facilities before final acceptance of same by District,
8.. District shall not be obligated to extend, without
charge, its mains and facilities within. the boundaries of the territory
of said Martiswoods- Estates .. Assessment District, and any future extenowe
sion of mains, facilities and appurtenances beyond those specifically
set forth i.n the plans and specifications shall be under the rules
and regulations and subject to the rates and charges from time to time
established by District.
9 .0 County agrees ,to and shall defend and hold harmless
District, its officers, agents and employees from any suits or actions
at law or in equity which may, for any reason, be brought against
District a.s a result of County ' s special assessment district p roceed--*
ings herein referred to,
. 10* This agreement shall become effective when funds are
available to carry out the terms hereof pursuant to said special
assessment proceedings hereinabove referred to.
4
1.1. It is agreed that the signature of all parties to this
agreement is based upon and predicated upon consummation of special
assessment district proceedings providing for a sufficient assess--
ment to pay the money herein agreed to be paid District and also to
pay all costs and expenses of said an proceedings and ri. hts
g y g of way
or other property referred to in this agreement. It is agreed. g that
County is signing this agreement solely as agent and trustee for or the
property owners within the area described in •
the agreement; that it
is assuming no direct liabilityfor a ent of sal payment d money or the
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expenses- of the acquisition and construction of said- water- w .
, d ater facilities,
and that its only liability and responsibility is that of conductin
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the special assessment proceedings referred to in the form '
provided
by law. It is also understood by all parties that the
p County cannot
pledge itself in advance that said special assessment p t
will give the County jurisdiction to confirm the ass
essment and that
'all terms and provisions of this agreement are sub3 ect to said special a1
assessment proceedings being consummated. County is to pay sums to be
paid pursuant to this agreement only out of moneys in said special al
assessment district proceedings and out of no other funds
.
DATED: June 2 , 1981
TRUCKEE--DONNER PUBLIC UTILITY DISTRICT,
a public corporation of the State of
California,
By
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ATTEST: Presi(le_nt
{,
ler� of .
--` the Board
(seal) "District"
COUNTY OF PLACER, a political, subdivision
of the State of Cali.foznia
ATTEST: By
Chairman, Board of Supervisors
Clerk--of the- Board 6-f "County"
Supervisors
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DEVELOPMENT AGREEMENT BE'i'WEEN TRUCKEE DONNER PUBLIC UTILITY
DISTRICT AND MARTISWOODs ESTATES, A CALIFORNIA LIMITED PARTNERSHIP
This Agreement is made between the Truckee Donner Public Utility
District , a local publ is agency of the state of California, hereinafter
referred to as " the District , " and Martiswoods Estates Limited , a y
California Limited Partnership, hereinafter referred to as "Developer,"
with reference to the following facts*
FACTS
1 . Developer is the owner of that certain real property located
within Pl ac eer County, California , bearing Assessor ' s parcels numbers
SCE 06 -39 and 80-06 460
2. Developer intends to subdivide its property and install
therein a complete water distribution system for consumptive and fire
protection � including use pipe , pumps , valves , tanks , and related
equipment , which system is hereinafter referred to as "the water
distribution system." said development shall be' known as Martiswoods
Estates , and hereinafter is referred to as "the Project." A map of the
Project is rtiarked Exhibit A attached hereto and incorporated herein by
reference, evidencing development of 114 residential lots.
3. `The Pro ' ect has been properly annexed to the District in
accordance with the efforts of Placer County Sery ices and the Placer
County Departmezit of Public Works.
4 . Developer has prepared complete plans and specifications for
the construction of the water distribution system 'in accordance with the
District ' s Guidelines and standards and with the requirements and
specifications as hereinafter set forth. A copy ..of those complete plans
and specifications is marked Exhibit 8, attached hereto and incorporated
herein by reference,
5. The water distribution system is a necessary feature of the
Project and Developer has requested that the District accept the water
distribution system by including i.t within the District'.-s existing
integrated water system. Developer has further requested that upon its
completion , the District thereafter own, operate,. maintain, repair,. .and
replace the water distribution system as necessary.
6. The District is willing to accept the water distribution
system, prov id(�d it is properly constructed in accordance with .the
c umplete plans and specifications and further, in accordance with the
Le rnis of this Agreement
7 , In cons ide rat ion of the following terms , promises and
conditions, the parties agreement is set forth below.
�1�
A G R E E M E N T
DLVE-L-OPER'S CONSTRUCTION AND PAYMENT OBLIGATIONS
Developer shall perform the following*
A. off Site Imerovements,,
8 ,* Prior to the commencement of construction, pay to the
District the sum of $37, 405. 86 and a portion of any extra charges and
costs which may be reasonably incurred by the District, its contractors
or subcontractors equal to 26. 3% of the total of such charges and costs,
in refitting and upgrading the District's existing Southside Complex Pump
Station in order to meet the Peak Day Water Demand of the Project as
determined by the District's Engineer .
9. Prior to the commencement of construction , pay to the
District the sum of $9 , 053. 09 , and a portion of any extra charges and
costs which may be reasonably 'incurred by the District, its contractors
or subcontractors equal to 60. 1% of the total of such charges and costs,
in refitting and upgrading the District ' s existing Ponderosa Palisades
Complex Pump Station to meet the Peak Day Water Demand of the Project as
determined by the District' s Engineer.
10 , Prior to the commencement of construction , pay to the
District the sum of $4 , 541 . 22 and a portion of any extra charges and
costs as may be reasonably incurred by the District, its contractors or
subcontractors equal to 26. 3% of the total of such charges and costs i n
constructing an eight inch (8 " ) diameter pipeline connecting the
District's existing six inch C6") diameter pipe stub on the southwestern
portion of Evergreen Circle , as shown on Exhibit B to the District's
existing eight inch {8") diameter distribution line on Ponderosa Drive,
as shown on Exhibit B.
11. Construct an eight inch (8" ) diameter pipe connecting the
District ' s eight inch t8") diameter line located on Silvertip Drive as
shown on Exhibit B to the eight inch (8") diameter pipe on the northwest
portion of the Project in the vicinity of Thelin Drive , as shown on
Exhibit B, which construction shall also include a connection to the
District' s existing eight inch (8") diameter pipe stub at the northeast
portion of the Project in the vicinity of Pine Cone Drive , as shown on
Exhibit B.
Be On Site -Imp_rovements
12 , Construct a 100, 000 gallon elevated water storage tank
within the Project in the vicinity of Lots 84 and 85, at an approximate
elevation of 6, 390 feet MSL (mean sea level) , with appropriate piping and
fixtures, in order to service the water distribution system, according to
the District's Guidelines and Specifications.
13. Construct a surface mounted 200, 000 gallon steel water
storage tank in the vicinity of Lots 84 and 85 in order to service the
water distribution system, according to the District ' s Guidelines and
sp.e-1cifications.
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14. Construct an eight inch (8" ) diameter pipe connecting the
entire water distribution system to the District's existing integrated,
system at the Thelin Drive and Pine Cone Drive connections referred to
above.
15. Construct three six inch (6") diameter and eight 'inch (8")
diameter pipe loops where called for as shown on Exhibit B, in order to
provide the benefits of a looped water distribution system.
16 Grant to the District in a form satisfactory to the
District' s Board of Directors appropriate easements where necessary for
the maintenance, repair and replacement of the six inch (6") diameter
looped water lines referred to above, where such lines encroach upon the
Developer ' s property. Said easements shall extend from the center line
of said six inch (6") diameter looped water lines to seven and one-half
(7 1/2) feet on either side.
179 Construct a Duplex Booster Station in the vicinity of Parcel
85 within the Project, designed to function with the surface mounted and
it
elevated storage tanks referred to above, in accordance with the complete
plans and specifications.
18 , Contemporaneous with the acceptance of the water
distribution system by the District as set forth below, convey to the
District in a form satisfactory to the District' s Board of Directors a
parcel of the approximate dimensions 150 feet by 150 feet, upon which the
Duplex Booster Station and surface mounted and elevated storage tanks are
to be constructed as set forth above.
BOND REQUIREMENTS
19. Prior to the commencement of construct-ion, Developer shall
f i le with the Dis -r ic ,�.,,�;uret rid in a form satisfactory to the
District in the sum o*r 9Z! rantee faithful performance of all
of Developer ' s obligati"'ons as set forth herein,,, and securing payment to
its contractor , subcontractors, and all other persons performing labor or
providing materials , including the rental of equipment, relating to the
construction of the water distribution system as provided herein.
20 Upon the completion of construction of the water
distribution system as def fined in Paragraph 30 below, Developer shall
f 'Ile with the District a Maintenance Bond in a form satisfactory to the
District in a sum equal to twenty-f ive per cent (25%) of the ultimate
construction cost of the water distribution system, which bond shall
remain in effect for a period of one year and cover against any defects
or failures in the system which may develop during that time.
REVIEW OF PLANS AND SPECIFICATIONS
21. Two copies of the completed plans and specifications of the
water distribution system shall be submitted to the staff of the District
for review and approval, prior to the commencement of construction,
RIGHTS-OF-WAY
22 * Developer will provide and convey to the District all
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necessary easements and rights-of-way to provide water service to the
Project , as required by the District' s Engineer and the District' s .
Counsel .
CONSTRUCTION
23. Developer shall", without expense to the District, construct
the distribution system pursuant to the approved plans and specifications
or any approved modification thereof. Developer shall provide in each fl=
contract for construction of the distribution system that contractor's or I
supplier ' s guarantees thereunder , including one (1� year warranties on It
the completed improvements , which warranties shall be obtained by
Developer, and which shall inure to the benefit of the District after the
works constructed thereunder have been conveyed to the District
*ded in Paragraph 30 below,
as provi
24 * Construction of the water distribution system shall be
completed within eighteen (18) months from the date of execution of this
Agreement, In the event Developer fails to compl ete the iPmrovements
within that time, the District may undertake completion of the water
distribution system and shall be entitled to recover from Developer or
his surety as hereinafter provided, the full cost of all expenses and
charges including attorneys fees in completing the system, The District
may require Developer or his surety to pay the District in advance a
sufficient sum to cover the District's costs in completing I construction
of the water distribution system.
INSURANCE
25. Prior to the commencement of any construction pursuant to
this Agreement , Developer ' s contractor shall furnish to the District
satisfactory evidence of an insurance policy written upon a form and by a
company which meets with the approval of the District, insuring the
District, its officers , agents and employees against loss or liability
which may arise during the construction, or which may result f rorn any of
the work or construction herein required to be done, including ing all costs
of defending any claim arising as a result thereof. The minimum limits
of such policy shall be in the amount of $500,000, for the death of or
injury to any person in any one accident, and $1,000, 000, for the death
of or 'injury to more than one person in any one accident, and $100,000,
for property damange in any one accident. Said policy shall be in -favor
of Developer or its contractors and subcontractors and also shall be, in
favor of the District, its officers, agents, and employees, and shall be
iii,:-.iintained in full force and effect during the effective period of this
Agreement. Said insurance policy shall state by its terms and by an
endorsement that it shall not be cancelled without 90 days written notice
prior thereto given to the District,
INSPECTION OF CONSTRUCTION
26. Following notice from the Developer the District's Engineer
shall inspect the construction from time to time in order to determine
that the water distribution system is installed in accordance with the
approved plans and specifications. Developer shall reimburse the
District for all costs associated with such inspections. The District
shall notify Developer in writing as to any deviation from the approved
pax
plans and 'specifications or any failure to construct the system pursuant
to the approved plans and specifications, as soon as such deviation or ,
failure is brought to the District's attention. Developer shall correct
such deviation or failure as soon as is reasonably practicable.
27. The fact that the District ' s Engineer shall inspect the
construction of the water distribution system from time to time and
notify Developer of deviations or other problems related to the
construction of the system, shall not constitute participation by the
District in the construction of the water distribution system, nor shall
such fact be deemed a representation by the District that the water
distribution system has been constructed in accordance with the approved
plans and specifications.
INDEMNIFICATION AND HOLD HARMLESS
28. Developer hereby releases and agrees to indemnify and save
the District harmless, including reimbursement of attorneys fees, from
and against any and all injuries to and deaths of persons, and injuries
to property, or other interests, and any and all claims, duties, demands,
costs, losses, damage, liability, and lawsuits, howsoever the same may be
caused, asserted at any time, by any and all persons, firms, corporations
and other entities , which directly or indirectly result from the
performance or nonperformance of any and all work and construction, which
may directly or indirectly arise from, relate to or in any manner
whatsoever be connected with the water distribution herein described.
29 . Developer further releases and agrees to indemnify and save
the District harmless, including reimbursement of attorneys fees , from
and against any and all injuries to and deaths of, persons and injuries
to property, or other interests, and all claims, duties, demands, costs ,
losses , damage, liability, and lawsuits , howsoever the same may be
caused, asserted at any time, by any and all persons, firms, corporations
and other entities , directly or indirectly made or suffered by the
Developer , Developer ' s agents, subcontrators, and employees , which
directly or indirectly arise from, relate to or in any manner whatsoever
are connected with the construction of the water distribution system
herein described,
COMPLETION OF SYSTEM AND CONVEYANCE TO DISTRICT
30 Construction shall be deemed "'completed " when t e
District' s Engineer has determined that the water distribution system has
been entirely f inished, properly tested, and ready to service the Project
in accordance with the District' s Guidelines and Standards and when the
time to f ile mechanics liens and stop notices has expired without any
such liens or notices remaining on file or record.
31 . Within 90 days after such completion as determined by the
District's Engineer:
A. Developer shall convey title to the water distribu.tion
system, to the District in a form satisfactory to it., without
cost and free and clear of all liens and encumbrances ,
including but not limited to mechanic liens and stop notices,
by appropriate conveyancing documents; and shall further
•
deliver to the District architectural drawings which represent
• the water distribution system as constructed; and
Bo The District shall accept delivery of conveyance of title
of the water distribution system by resolution or ordinance,
and shall include such system within its existing integrated
water distribution system. Except as otherwise provided for
herein, the District shall thereafter own, operate , maintain,
rep air and replace such water distribution, system and use its
best efforts to provide adequate water service therefrom to the
facilites within the Project upon request and payment of all
appropriate fees and charges , in accordance with California
law,
DEVELOPER'S RESPONSIBILITIES AFTER CONVEYANCE
32 -o After the District' s acceptance of the completed water
distribution system, in accordance with Paragraph 31 above, Developer
shall have no responsibility for the operation, maintenance, repair or
replacement thereof , except that , to the extent Developer retains
ownerhs ip of any lots to which water service from such system is
available , Developer shall pay the same rates , charges and standby
charges levied by the District as any other property owner or water
service applicant within the Project.
RATES AND CHARGES FOR WATER AND ELECTRIC SERVICE
33 All water and 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
Direct-ors from time to time,
REIMBURSEMENT OF EXPENSES
4
34. Developer shall reimburse the District for its expenses in
reviewing and approving the plans and specifications relating to the
water distribution system, and for its inspection during the construction
of such system as provided for in Paragraph 26 above. Said reimbursement
shall be made by Developer to the District immediately upon receipt of
itemized bills therefor from the District or its Engineer.
35 Developer shall further reimburse the District for its
Attorneys ' fees and costs in preparing , negotiating , finalizing and
enforcing this Development Agreement, which reimbursement shall be made
by Developer to the District immediately upon receipt of itemized bills
therefor from the District, or its Attorneys.
36. District acknowledges receipt of Five Hundred Dollars ($500)
which will be credited towards the fees and costs referred to in
paragraphs 34 and 35 above,
PAYMENT OF FACILITIES FEES AND CONNECTION FEES
37. Prior to the beginning of any construction relating to the
proposed water distribution system, Developer shall pay to the District
the fees designated in Paragraphs 8 , 9 and 10 above, which fees total
-6-
$51 , 000, 17, representing facilities fees, and a connection fee in the sum
of $25 , 650 . Each lot within the Project will be credited with Two
Hundred Twenty-five Dollars ($225) in connection fees,
NOTICES
38. Notices or requests from either party to the other shall be
in writing and delivered or mailed , postage prepaid , to the following
addresses:
Martiswoods Estates, Ltd.
P. 0, 'Box 146
Bear Valley, Cal iforna 95223
(209) 7 53-2327
Truckee Donner Public Utility District
P. 0. Box 309
Truckee, California 95734
(916) 587-3896
SUCCESSORS AND ASSIGNS
39. This Agreement shall be binding* upon and inure the benefit
of the successors and assigns of both parties, however , Developer shall
not assign any of its rights, duties or obligations under this Agrement
without the p rior written consent of the District, which consent shall
not be unreasonably withheld,,
DISTRICT POWERS
40. . 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 authority 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.
SEVERABILI,ry
41. In the event that any part or provision of this Agreement is
found to be illegal or unconstitutional by a court of competent
jurisdiction , such findings shall not affect the remaining parts ,
portions, or provisions of this Agreement.
REIMBURSEMENT TO DEVELOPER
42 . Pursuant to the District ' s Rule 15, a copy of which is
marked Exhibit C, attached hereto and incorporated herein by reference ,
Developer shall receive monetary reimbursement from all such persons or
entities who connect to , or receive a benefit from, the water
distribution system constructed by Developer in accordance with the
provisions of this Agreement , Said reimbursement shall be made to
Developer by the District at the time the appropriate facilities and
connection fees are actually collected by the District from any such
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persons or entities*
ATTORNEYS FEES
43a In the event either party institutes an action to interpret
or enforce the terms of this Agreement , the prevailing party shall be
entitled to an award of reasonable attorneys' fees and costs in the
court's discretion.
GOVERNING LAW
44. This Agreement and each of its severable provis ions shall be
governed by and construed in accordance with , the laws of the State of
California.
DATED: TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Roberta Huber, President of
the Board of Directors
ATTEST.9 4"
VA
"Susan Craig
Deputy District Clerk
MARTISWOODS ESTATES, a California Limited
Partnership
DATED:,--1D By
" r y L. Walther,
Pe7
General Partner
P. 0. Box 146
Bear Valley, California 95223
DATED: By
Ernest W. Davis,
General Partner
5335 Claremont Avenue
Oakland, California 94610
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