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HomeMy WebLinkAboutRES 1991-16 - Board RESOLUTION NO. 9116 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT APPROVING AMENDMENT NO. 2 TO REAL PROPERTY LEASE WITH THE TRUCKEE-DONNER RECREATION AND PARK DISTRICT NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: -� 1. The attached Exhibit A, entitled Amendment No. 2 to Lease, to be executed by the Truckee Donner Public Utility District and the Truckee-Donner Recreation and Park District, is hereby approved, and the President of the Board of Directors is authorized and directed to execute such document, and the Nevada County Recorder is hereby requested and directed to record such document, upon signature of all parties. PASSED AND ADOPTED at a regularly scheduled meeting of the Board of Directors of the Truckee Donner Public Utility District duly called and held in said District on the 6th day of May, 1991 by the following roll call: AYES: Corbett, Curran, Maass and Aguera. NOES: Sutton. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT a By4Jdseph Ag -" R. ue e , President Attest: Susan M. Craig .. TDPUD\cabinamd.res -2- Recording requested by and After recordation, return to: John M. Phelps, State Bar #77757 PORTER, SIMON, GRAHAM, PHELPS AND CUTTITTA Professional Corporation P.O. Box 2819 Truckee, CA 95734 Telephone: (916) 587-3862 AMENDMENT NO. 2 TO LEASE This Amendment No. 2 to Lease is entered into as of the day of 1991, by and between the Truckee Donner Public Utility District ("PUD") a local public agency of the State of California, and the Truckee-Donner Recreation and Park District ("Recreation District"), a local public agency of the State of California, with respect to the following facts: A. On December 1, 1966, the parties entered into a lease (the"Original Lease") pursuant to which the Recreation District leased from the PUD certain land within the community of Truckee, for a period of 99 years, such land to be used by the Recreation District for community recreation and park purposes. Resolution No. 6621 of the Truckee Public Utility District, which approved the Original Lease, was recorded on January 12, 1967, at Volume 414, Page 107, of the Official Records of Nevada County. However, the Original Lease itself was not recorded. A copy of the Original Lease is attached hereto as Exhibit A and incorporated herein by reference. B. Thereafter, pursuant to a "MODIFICATION OF LEASE" recorded on November 22, 1971, at Volume 578, Pages 691-695, the parties amended paragraph 9 of the Original Lease, and made an additional parcel of land subject to the terms of the Original Lease. C. The Recreation District has approached the PUD and requested that it be allowed to locate two of the historic Gateway Motel Cabins on that portion of the leased premises known as Meadow Park, which is located directly north of the existing PUD offices. The Recreation District has further requested the PUD's consent to the sublease of one of the Gateway Motel Cabins to the Truckee Donner Historical Society. WHEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Amendment of Lease. The parties agree that the.Original Lease shall be amended to include the provisions set forth herein. 2. PUD Approval of Location of Cabins. The PUD hereby agrees that the Recreation District may permanently locate two of the historic Gateway -2- Motel Cabins on Meadow Park, subject to the terms contained in this Amendment No. 2 to Lease. 3. PUD's Prior Approval of Location. The PUD shall be notified of the location proposed by the Recreation District, and the PUD may approve or disapprove of such location. 4. Sublease of Cabin to Historical Society. The PUD hereby consents to the sublease to the Truckee Donner Historical Society of one of the historic Gateway Motel Cabins, provided, however, that any such sublease shall be in writing, and shall specifically refer to and incorporate the Original Lease, including the requirements of paragraph 5 thereof, which states that all of the property leased by the Recreation District shall be used solely for community recreation and park purposes for the benefit of the residents of the Recreation District and members of the general public. Such sublease shall further state that the cabin subleased to the Historical Society shall be available on a regular basis for public use and viewing. 5. Eventual Removal of Cabins. The Recreation District agrees that upon termination of the Original Lease, it shall, if requested by the PUD, remove the two Gateway Motel Cabins, including foundations, sidewalks, porches, and any other associated improvements, at Recreation District expense, and -3- restore the land underlying such improvements to a condition similar to that of the remainder of Meadow Park at the time of such removal. 6. Compliance with Laws. The Recreation District agrees that it, and not the PUD, shall be responsible for all required environmental review, land use compliance, and building code compliance with respect to the location of the Gateway Motel Cabins upon Meadow Park. 7. Remainder of Original Lease in Effect. Except as modified hereby, all of the terms of the Original Lease, as previously modified, shall remain in full force and effect. TRUCKEE-DONNER RECREATION AND PARK DISTRICT By: Sally Ann Dillon, President Board of Directors TRUCKEE DONNER PUBLIC UTILITY DISTRICT By: �/Jos"eph*R'. Ag , a, President Board of Directors -4- State of California County of Nevada On before me, (here insert name and title of the officer), personally appeared Sally Ann Dillon, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) State of California County of Nevada On before me, (here insert n e and title of the officer), personally appeared Joseph R. Aguera, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. `.=�,ti OFFICIAL SEAL C-1- .T,,!. SUSAN M CAI 7 r 7 f r,KY PL'FL1C - NVAD-A COUNTY M;y comm. expires N',AY 29, IM " Signatur (Seal) Attachment: Exhibit A -5-