HomeMy WebLinkAboutRES 2004-25 - Board TRUCKEE DONNER
PUblic Utility District
Resolution No. 2004 - 25
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT APPROVING
AGREEMENTS WITH THE TOWN OF TRUCKEE AND THE
TRUCKEE SANITARY DISTRICT CONCERNING CERTAIN
FACILITIES EXPECTED TO BE FINANCED BY TRUCKEE
DONNER PUBLIC UTILITY DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 04-1 (GRAY'S CROSSING)
WHEREAS, the Board of Directors (the "Board of Directors")of the Truckee Donner Public
Utility District (the "Public Utility District") has heretofore commenced proceedings for the
formation of Truckee Donner Public Utility District Community Facilities District No. 04-1 (Gray's
Crossing) (the "Community Facilities District") pursuant to the Mello-Roos Community Facilities
Act of 1982, as amended (the "Act"), to finance the acquisition and construction of certain facilities;
and
WHEREAS, the facilities expected to be financed by the Community Facilities District
include street improvements, storm drain improvements and certain other facilities which are
expected to be transferred to and owned by the Town of Truckee (the "Town") and sanitary sewer
facilities which are expected to be transferred to and owned by the Truckee Sanitary District (the
"TSD"),which facilities are collectively referred to as the "Other Facilities;" and
WHEREAS, in order to permit the Community Facilities District to finance the Other
Facilities, the Act requires that the Public Utility District enter into agreements with respect thereto
with the Town and the TSD; and
WHEREAS, the proposed forms of such agreements (collectively, the "Agreements") have
been prepared and presented to the Board of Directors;
NOW,THEREFORE, THE BOARD OF DIRECTORS OF TRUCKEE DONNER
PUBLIC UTILITY DISTRICT DOES HEREBY RESOLVE,DETERMINE AND ORDER AS
FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. The execution and delivery of the Agreements would be beneficial to the
residents of the Public Utility District, and especially to the residents of the Community Facilities
District, in that the Agreement will permit the financing of the Other Facilities without requiring the
Town and the TSD to each form a separate financing district.
Section 3. The forms of the Agreements presented to the Board of Directors are hereby
µw approved; and the President of the Board of Directors and the District Clerk are hereby authorized
and directed, for and in the name of, the Public Utility District, to execute and deliver to the Town a
1
-- copy of the Agreement with the Town and to the TSD a copy of the Agreement with the TSD, in
each in substantially in the form so approved with such changes therein, if any, as such officers may
approve.
ADOPTED and APPROVED by the Board of Directors of the Truckee Donner Public
Utility District on this 21 st day of July, 2004 by the following vote:
AYES: Directors Aguera, Hemig and Van Gundy
NOES: Director Sutton
RECUSE: Director Maass
ABSENT: None
ABSTAIN: None
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
r
By. �
Jame . Maass, President
ATTEST:
iag 7
Peter L. Holzmeister, istrict Clerk
Resolution 2004-25 2
.. JOINT COMMUNITY FACILITIES AGREEMENT
BETWEEN THE TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
AND THE TOWN OF TRUCKEE
(Gray's Crossing Project)
This Joint Community Facilities Agreement(the"Agreement")dated 7,3 1`� ,2004,is entered into
by and between the Truckee-Donner Public Utility District(the"District"),a California Public Utility District,
and the Town of Truckee("the Town"),a municipality organized under the laws of the State of California.
RECITALS
WHEREAS,development of the Gray's Crossing Project(the"Project")shown in Exhibit A,attached
hereto and incorporated herein by reference,requires the construction of public facilities and improvements,
including roadway and stormwater facilities;
WHEREAS,the Town owns and operates an integrated system of roadways and stormwater facilities
for the provision of road and drainage services within its boundaries;
WHIF,REAS,the landowners and developers(the"Property Owners")of the Project have indicated
their desire to undertake the design and construction of certain roadway and stormwater drainage facilities to
serve the Project, consisting of new facilities ("Facilities") as described in Exhibit B, attached hereto and
incorporated herein by reference,to accommodate development within the Project;
WIMREAS, the District has, in conjunction with the Property Owners, determined to consider
financing the acquisition of the Facilities through the formation by the District of a community facilities district
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Sections
53311, et seq.)(the "Act");
WHEREAS, it is anticipated that, if the community facilities district is formed, it will issue one or
more series of bonds (the "Bonds") secured by special taxes to be levied on non-exempt property located
within the boundaries of the community facilities district,in an amount sufficient to pay,among other costs,the
costs of the Facilities. The provision of the Facilities is necessitated by the development of the land within the
Project and the parties hereto acknowledge that the residents of the Project will be benefited by the
construction and/or acquisition of the Facilities;
WIMREAS,the parties hereto intend that,if the community facilities district is formed and issues the
Bonds, and if the Facilities are constructed in accordance with the Town's specifications and standards, the
Town will accept the Facilities for operation and maintenance and the District will pay the acquisition costs to
the Property Owners under appropriate conditions and subject to an acquisition agreement between the District
and the Property Owners;
WHEREAS,Section 53316.2 of the Act provides that a public entity may use a community facilities
district to finance facilities owned by an entity other than the agency that forms the community facilities
district,but only pursuant to a joint community facilities agreement or joint exercise of powers agreement;
WHEREAS, Section 53316.2 of the Act authorizes the legislative bodies of two or more local
agencies to enter into a joint community facilities agreement prior to the formation of the community facilities
district if the legislative body of each entity adopts a resolution declaring that such a joint agreement would be
beneficial to residents of that entity;
f
WHEREAS,for purposes of the Act and this Agreement,the Board of Directors of the District(the
"Board") is the legislative body of the District; and the Town Council of the Town (the "Council") is the
legislative body of the Town;
WHEREAS, the Board and the Council have, prior to the execution of this Agreement, duly
considered the contents of this Agreement and have each determined,by resolution,that the execution of this
Agreement would be beneficial to the residents of the District and the residents within the service area of the
Town;
WHEREAS,by this Agreement,District and Town desire to set forth their intent and their agreements
with respect to the conduct of the proceedings for formation of the Community Facilities District for the
Project,the implementation of the levy and collection of the special tax,the issuance of bonds and distribution
of bond proceeds, and payment to the Property Owners for the costs of design and construction of the
Facilities.
NOW,THEREFORE,in consideration of the mutual promises contained herein,the parties agree as
follows:
1. Recitals. Each of the above recitals is incorporated herein and is true and correct.
2. Formation and Administration of the Community Facilities District. The District
will have complete responsibility for the formation of the community facilities district,and if it is formed,the
District and the community facilities district will have sole responsibility for the administration of such district,
including the levy of the special taxes that may be authorized thereby and the issuance and sale of the Bonds
related thereto. The Town will not participate in or be considered a participant in the formation proceedings
for the community facilities districts, nor will it for any purpose be considered an issuer of the Bonds or
responsible for their payment.
3. Sale of Bonds and Use of Proceeds. The District and the community facilities
district will be solely responsible for the issuance of the Bonds and the application of Bond proceeds. The
Town acknowledges that amount and timing of payments to the Property Owners for the acquisition of the
Facilities shall be in all respects subject to the sole discretion and approval of the District and the community
facilities district. In no event will an act or a failure or omission to act, by the District or the community
facilities district with respect to the disbursement or nondisbursement of the Bond proceeds or any other
funding for the Facilities subject the District or the community facilities district to pecuniary liability
hereunder.
4. Acceptance of Facilities. The Town agrees to accept title to,and provide operations
and maintenance for the Facilities, assuming that all other requirements of the District and Town are met
including the Town's Road Acceptance Policy and subject to approval and inspection of the Facilities by the
Town. The Town's Manager is authorized to supplement or otherwise revise the Facilities by an addendum
executed by him or her. At District's request,the Town will provide to District any information in Town's
possession required to complete the portion of the public facilities report regarding the Facilities(as specified
in Section 53321.5 of the Act).
5. Maintenance and Operation. Following acceptance of the Facilities by the Town,
the Town shall be solely responsible for the maintenance and operation thereof.
6. Acquisition Agreement. The District may enter into an acquisition agreement(the
"Acquisition Agreement")with the Property Owners with respect to the Facilities that the District elects to
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fund that will provide for payment from the bond proceeds provided that the Facilities are designed and
constructed to the satisfaction of the Town and the District. Payment to the Property Owners for the Facilities
under the Acquisition Agreement(if executed)will be from Bond proceeds only and not from any other fund
of District or the Town. The District and the Town agree that the Acquisition Agreement(if executed)will
require that the Facilities shall be constructed pursuant to all applicable District and Town requirements and
statutes and in compliance with the applicable requirements of the Act. Nothing in this Agreement or any
Acquisition Agreement shall relieve the Property Owners of the obligation to pay fees imposed by the Town,
nor shall anything in this Agreement or any Acquisition Agreement prevent the Town from agreeing separately
to provide credits against such fees to Property Owners for eligible Facilities constructed.
7. Distribution of Bond Proceeds.
a. Pursuant to each bond indenture,fiscal agent agreement,or other document
providing for the issuance of the Bonds ("Indenture"), District or the community facilities district shall
establish a separate account with the bond trustee or fiscal agent designated in the Indenture,into which the
proceeds of the Bonds to be used for the Facilities,and other public improvements to be funded by proceeds
from the sale of Bonds, shall be deposited(the"Acquisition and Construction Fund").
b. The Town agrees that it shall review and approve all costs included in the
Property Owners' request to the District for payment to the Property Owners from an Acquisition and
Construction Fund for any of the Facilities. Town agrees to provide assistance to the District in determining
compliance by the Property Owners with the requirements of the Town.
8. Limited Obligations. The Town's obligations hereunder shall be limited to the
obligations assumed by it with respect to the acceptance of the Facilities for operations and maintenance. The
Town shall have no obligation or responsibility whatsoever with respect to the issuance and sale of the Bonds,
for the payment of principal and interest thereon,or for the levy of the special taxes required to provide debt
service. The District shall have the sole responsibility in such matters.
9. No Separate Entity. The parties do not intend to form a separate joint exercise of
powers authority by this Agreement;instead,the parties intend that the Board or the General Manager of the
District or his or her designee act on behalf of the District on all matters for which the District is responsible
under the Act and this Agreement,and that the Council or the Manager of the Town or his or her designee,act
on behalf of the Town in all matters for which it is responsible under this Agreement.
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10. Indemnification.
a. By District. District shall, to the full extent permitted by law, indemnify,
defend and hold the Town,and its officers,employees,agents and contractors harmless from and against any
and all liabilities,losses,claims,damages,and expenses in connection therewith,including attorneys'fees and
expenses,arising out of or as a result of the proceedings for the formation of any community facilities district,
the levy and collection of the special taxes,and the insurance,sale and administration of the Bonds and Bond
proceeds.
b. By The Town. The Town shall, to the full extent permitted by law,
indemnify, defend and hold District, and its officers, employees, agents and contractors harmless from and
against any and all liabilities, obligations, losses, claims, damages and expenses in connection therewith,
including attorneys' fees and expenses, arising out of or as a result of the design or the acceptance of the
Facilities by the Town for operation and maintenance.
11. Termination. This Agreement shall terminate upon the earliest occurrence of the
following events:(a)the dissolution pursuant to Section 53338.5 of the Act of the community facilities district
established to finance the Facilities; or(b)the written agreement of District and the Town to terminate this
Agreement.
12. Notice. Any notice,payment or instrument required or permitted by this Agreement
to any party shall be deemed to have been received when personally delivered to any party or seventy-two(72)
hours following mailing the same, first class,postage prepaid, addressed as follows:
District:Truckee-Donner PUD
11570 Donner Pass Road
P.O. Box 309
Truckee, California 96160
Attention: General Manager
Town: Town of Truckee
10183 Truckee Airport Road
Truckee, CA 96161
Attention: Town Manager
13. Captions. Captions to sections of this Agreement are for convenience purposes only,
and are not part of this Agreement.
14. Severability. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable,such portion shall be deemed severed from this Agreement and the
remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a
part of this Agreement.
15. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto.
16. Entire Agreement. This Agreement contains the entire agreement between the
parties with respect to the matters contained herein and maybe amended only by subsequent written agreement
signed by both parties.
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a •
16. Entire Agreement. This Agreement contains the entire agreement between the
parties with respect to the matters contained herein and may be amended only by subsequent
written agreement signed by both parties.
17. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one instrument.
' IN WITNESS WHEREOF, the parties have executed this Agreement the day and the
year first written above.
THE TOWN OF TRUCKEE,
a California municipality
By: Stephen L. Wright
Its: Town Manager
Attest: _
CA
TRUCKEE-DONNER PUBLIC UTILITIES
DISTRICT, a California Public Utility District
By:
sident, Board of Directors
Attest:
Approved as to form: Approved as to form:
Counsel ������s C a District Counsel
\\tmesvr02\users\rmcconn\Melio-Roos\agrra jcfa-gray's crossing(the town).doc 5 6/29/2004 2:57 PM
17. Counterparts. This Agreement maybe executed in counterparts,each of which shall
be deemed an original,but all of which together shall constitute one instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and the year first
written above.
THE TOWN OF TRUCKEE,
a C his munici
Wright ghtey n
Its: Town Manager
Attest: -t
TRUCKEE-DONNER PUBLIC UTILITIES
DISTRICT, a California Public Utility District
resident,Board of Directors
Attest:, Lt�t Ct (law'`- .
Barbara Cahill , Deputy District Clerk
Truckee Donner PUD
Approved as to form: Approved as to form:
Counsel District Counsel: Dennis W. De C u i r
5
EXHIBIT A
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
The boundaries of the territory which is proposed for inclusion in the Community Facilities
District are depicted in the attached map. Such territory is identified as the Nevada County Assessor
Parcel Numbers specified on the map.
Al
R6?ByER AMENDED BOUNDARY MAP OF PROPOSED COMMUNITY
34 WAS J° M RENO FACILITIES DISTRICT NO.04-1(GRAY'S CROSSING)
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
SITE COUNTY OF NEVADA
1 STATE OF CALIFORNIA
S87°5749"E 1267.23' N87°5T49"W 1116.38' S88°26'25"W 2672.16'
1 No in
v
N J i
10 11 12 7 f '�� r
19-370-22 w FILED IN THE OFFICE OF THE BOARD THIS DAY OF
I 19-370-19 N ,2004.
I r1
N
r co p 1 HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
TRUCKEE AMENDED BOUNDARIES OF TRUCKEE DONNER PUBLIC UTILITY
VICINITY MAPZ DISTRICT COMMUNITY FACILITES DISTRICT N0.041(GRAYS
N.T.S.
LL!' 19-370-17 �V PROSSER ^ �30 CROSSING),TRUCKEE DONNER PUBLIC UTILITY DISTRICT,
� W ; DAM ROAD " v O COUNTY OF NEVADA,STATE OF CALIFORNIA,WAS APPROVED BY
""- % 19-370-23 0 THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC
HIGHWAY 89 C, v UTILITY DISTRICT AT A REGULAR MEETING THEREOF,HELD ON
THE_DAY OF ,2004,BY ITS RESOLUTION NO.
al
co
' 19-370-20 �j� �' { r CLERK OF THE BOARD
h TRUCKEE DONNER PUBLIC UTILITY DISTRICT
'wo
_„•....• _.,,...., t11 N o o O FILED THIS DAY OF 2004,AT THE HOUR OF
o 0 19-370-21 �a G��
LINE TABLE O'CLOCK M.IN BOOK OF MAPS OF
I '� N o o ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AND AS
INSTRUMENT NO. IN THE OFFICE OF THE COUNTY
LINE BEARING LENGTH W G$ /' RECORDER IN THE COUNTY OF NEVADA,STATE OF CALIFORNIA.
u N82'3731'W 25o.72 rn� G°' 19-370-24
L2 s29'29 a9•w 7628 001 L 'J
L3 S02'55'34•W 344.93
11
L4 329'3350'W 7825 r I L5 GAO v�`' COUNTY RECORDER
L5 S02'55'38'W 00.02 19-370-18 v ,�� G'�^ N COUNTY OF NEVADA
LB S23.3625"E 7825 ' L6�� cm 9 ^i
L7 N32.38'S7"E 41B.49 cD STATE OF CALIFORNIA
LB N32.4103•E 284.20 CURVE TABLE: I �' V^ 19-370-10 `' 19-370-26 REFERENCE IS MADE TO THAT BOUNDARY MAP OF COMMUNITY
L9 N3z•38's7•E 321.47 N N 3 ! N.A.P. & A PORTION OF
c r i Oro G FACILITIES DISTRICT NO.04-1(GRAYS CROSSING)OF THE
L10 N45'4339"E 631.71 CURVE LENGTH RADIUS DELTA o� I 19-370-07
rn ch 4�• � � TRUCKEE DONNER PUBLIC UTILITY DISTRICT,RECORDED WITH
L71 N45'43'38"E 636.32 Ct 62.78 314.51 11.26'13" Z co �� 00 � �• THE NEVADA COUNTY RECORDER'S OFFICE ON JUNE 25,2004,IN
L12 N42'1822'E 215.13 C2 174.93 786.35 13°04'42' moo, 19-370-25 a BOOK 1 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
L13 N42.1822"E 215.13 C3 188.62 826.35 13'04'42" I N7$• o y �00 ;v DISTRICTS ON PAGE 126,AS INSTRUMENT NO.2004-0026182.
L14 N54'37'IWE 653.80 C4 236.09 4030.88 03'21'21" L1 7 33730" 10 O� .�.
L15 N54.37'16•E 553.80 cs 237.12 3970.88 03.25'17" w 13 O'V ^ vj REFERENCE IS ALSO MADE TO THAT CERTAIN MAP OF#03-067/LOT
L16 N40.1453•E 501.10 CB 121.66 5N.02 12'18'54" C20 ALOFR 6= ' ^ f LINE ADJUSTMENT,FILED ON THE 6TH DAY OF JULY,2004,AT THE
DRTV HOUR OF 2 O'CLOCK P.M.AS INSTRUMENT NO.'S 2004-27862 AND
L17 N40.14'53•E 501.10 c7 134.56 626.02 12.18'54" F �.� ?
L18 N43'31•E 24&72 C8 334.09 1331.80 14°2223" C1 N C15 ,o� COUNTY
OF
THE OFFICE OF THE COUNTY RECORDER IN THE
46'
L19 N4W43'31'E 24&72 C9 319.04 1271.80 14'2223• C14 COUNTY OF NEVADA,STATE OF CALIFORNIA.
_..--
i Lzo S0T11'03'E 274.40 c10 109.66 970.00 06.28'3e" 19-410-24
L21 N15.49'49•E 276.94 C11 116A4 1030.00 06.7938" �� THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON
L22 N72"22'40"W 74.95 1 C12 611.80 2030.61 14.2628" THIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS
L23 N17.3720'E 67.79 C13 496.68 11970.61 14.28'28• n _!
'W 289.22 C14 16&37 16823 57.2034• Nt'o N - -' 19-410-19 SHOWN ON THE NEVADA COUNTY ASSESSORS MAPS FOR THOSE
L24 S82'U47
1 PARCELS LISTED.
L25 S47.45'12'W 575.63 C15 22&42 228.23 57'20'34" Vry
L26 S42"28'14•W 561.06 C16 118.41 2189.50 03'05'55" p THE NEVADA COUNTY ASSESSORS MAPS SHALL GOVERN FOR ALL
L27 S4T39"JM 601,07 C17 396.70 930.40 24.25'48" N, 19-410-21 r1O yP LOTSIOR PARCELS CONCERNING THE LINES AND DIMENSIONS OF SUCH
l28 S44'02'17•W 30326 C18 619.44 321.00 110"3353" L22 V Q-
L29 S44'02'06'W 849.08 C19 369.04 335.00 63'07'Ot" C76 ,
L30 S58"25'3TE 369.04 C20 63.98 530.00 06'5800• h
L23 ;', vry
LEGEND:
4
9 2'10- `SO � * 9 (N.A.PJ NOT A PART
PLANNING
�� �' PROPOSED BOUNDARY(ZONE 1)
dI --
ENGINEERING,INC. PROPOSED BOUNDARY(ZONE 2)
140 LITTON DRIVE.SUITE 240.GRASS VALLEY.CA 95945
10600 DONNER PASS ROAD,SUITE 302.TRUCMM.CA 98181 SHEET 1 OF 1
. EXHIBIT B
FACILITIES
It is intended that the District will finance all or a portion of the costs of the following:
1. Acquisition or construction of the following public improvements:
a. water distribution and supply and fire suppression facilities including:
i. 2V water pipeline connecting Sanders Well to the Fiberboard under-
crossing;
ii. water source(well) development including surveys, design, drilling,pump
installation, building construction and connection to water system;
iii. water distribution system serving all residential and commercial properties
within District;
iv. all other water facilities required to service properties within District;
b. electrical supply and distribution facilities including:
i. electrical infrastructure installed for service to residential and commercial
parcels within the boundaries of the District including design, conduit,
trenching, transformers and installation of cabling;
ii. electrical facilities fees;
iii. all other electrical facilities required to service properties within District;
C. public roadways, roundabouts and other road improvements including but not
limited to medians, curbs, gutters, sidewalks, traffic signals, street signage, street lighting,
pavement striping and any associated landscaping and erosion control;
d. public plazas, including non-conforming signage;
e. public access parks and trails;
f. sanitary sewer facilities;
i. sewer lift station including but not limited to wet wells, mechanical,
electrical,pumping and building systems;
ii. onsite sanitary facilities connecting residential and commercial parcels to
lift station;
iii. all other sanitary facilities required to service residential and commercial
parcels within the boundaries of the District;
g. storm drains and flood control facilities including but not limited to v—ditches,
culverts, and infiltration ponds;
131
h. wetlands and mitigation associated with construction of any public facility;
i. natural gas, telephone, electric, and telecommunications facilities, including the
relocation of existing electric transmission facilities and the installation of natural gas
transmission facilities owned or to be owned by shareholder owned utility companies regulated
by the California Public Utilities Commission,but excluding all other facilities owned or to be
owned by such companies;
j. relocation of any existing public improvements or utility improvements required
in connection with any of the items described in (a)through(i) above; and
k. any other public improvements (not inconsistent with the foregoing) identified in
accordance with the Development Agreement between the Truckee Donner Public Utility District
and Gray's Crossing, LLC pertaining to the Gray's Crossing development project;
2. Any soft cost associated with the design and construction of the above described
improvements including but not limited to engineering, environmental review, inspection,
surveying and staking, and environmental mitigation.
B2
JOINT COMMUNITY FACILITIES AGREEMENT
BETWEEN THE TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
AND THE TRUCKEE SANITARY DISTRICT
(Gray's Crossing Project)
This Joint Community Facilities Agreement (the "Agreement") dated '3 o".1-7 , 2004, is
entered into by and between the Truckee-Donner Public Utility District (the "District"), a California
Public Utility District,and the Truckee Sanitary District("TSD"),a Sanitary district organized under the
laws of the State of California.
RECITALS
WHEREAS, development of the Gray's Crossing Project (the "Project") shown in Exhibit A,
attached hereto and incorporated herein by reference, requires the construction of public facilities and
improvements, including sanitation facilities;
WHEREAS,TSD owns and operates an integrated system of sewage and sanitation facilities for
the provision of sanitation and sewage collection services within its boundaries;
WHEREAS, the landowners and developers (the "Property Owners") of the Project have
indicated their desire to undertake the design and construction of certain sanitation facilities to serve the
Project, consisting of new facilities ("Facilities") as described in Exhibit B, attached hereto and
incorporated herein by reference,to accommodate development within the Project;
WHEREAS,the District has, in conjunction with the Property Owners, determined to consider
financing the acquisition of the Facilities through the formation by the District of a community facilities
district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended(Government Code
Sections 53311, et seq.) (the "Act");
WHEREAS,it is anticipated that,if the community facilities district is formed,it will issue one or
more series of bonds(the"Bonds")secured by special taxes to be levied on non-exempt property located
within the boundaries of the community facilities district, in an amount sufficient to pay, among other
costs,the costs of the Facilities. The provision of the Facilities is necessitated by the development of the
land within the Project and the parties hereto acknowledge that the residents of the Project will be
benefited by the construction and/or acquisition of the Facilities;
WHEREAS,the parties hereto intend that,if the community facilities district is formed and issues
the Bonds, and if the Facilities are constructed in accordance with TSD's specifications and standards,
TSD will accept the Facilities for operation and maintenance and the District will pay the acquisition costs
to the Property Owners under appropriate conditions and subject to an acquisition agreement between the
District and the Property Owners;
WHEREAS, Section 53316.2 of the Act provides that a public entity may use a community
facilities district to finance facilities owned by an entity other than the agency that forms the community
1
facilities district,but only pursuant to a joint community facilities agreement or joint exercise of powers
agreement;
WHEREAS, Section 53316.2 of the Act authorizes the legislative bodies of two or more local
agencies to enter into a joint community facilities agreement prior to the formation of the community
facilities district if the legislative body of each entity adopts a resolution declaring that such a joint
agreement would be beneficial to residents of that entity;
WHEREAS,for purposes of the Act and this Agreement,the Board of Directors of the District
(the"Board")is the legislative body of the District;and the Board of Directors of TSD(the"TSD Board")
is the legislative body of the TSD;
WHEREAS,the Board and the TSD Board have,prior to the execution of this Agreement,duly
considered the contents of this Agreement and have each determined,by resolution,that the execution of
this Agreement would be beneficial to the residents of the District and the residents within the service
area of the TSD;
WHEREAS, by this Agreement, District and TSD desire to set forth their intent and their
agreements with respect to the conduct of the proceedings for formation of the Community Facilities
District for the Project,the implementation of the levy and collection of the special tax,the issuance of
bonds and distribution of bond proceeds,and payment to the Property Owners for the costs of design and
construction of the Facilities.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Recitals. Each of the above recitals is incorporated herein and is true and correct.
2. Formation and Administration of the Community Facilities District. The
District will have complete responsibility for the formation of the community facilities district,and if it is
formed, the District and the community facilities district will have sole responsibility for the
administration of such district,including the levy of the special taxes that may be authorized thereby and
the issuance and sale of the Bonds related thereto. TSD will not participate in or be considered a
participant in the formation proceedings for the community facilities districts,nor will it for any purpose
be considered an issuer of the Bonds or responsible for their payment.
3. Sale of Bonds and Use of Proceeds. The District and the community facilities
district will be solely responsible for the issuance of the Bonds and the application of Bond proceeds.
TSD acknowledges that amount and timing of payments to the Property Owners for the acquisition of the
Facilities shall be in all respects subject to the sole discretion and approval of the District and the
community facilities district. In no event will an act or a failure or omission to act,by the District or the
community facilities district with respect to the disbursement or nondisbursement of the Bond proceeds or
any other funding for the Facilities subject the District or the community facilities district to pecuniary
liability hereunder.
2
4. Acceptance of Facilities. TSD agrees to accept title to,and provide operations
and maintenance for the Facilities, assuming that all other requirements of the District and TSD,
including but not limited to, payment of applicable fees to TSD and to Tahoe — Truckee Sanitation
Agency("T-TSA") and compliance with TSD's construction, inspection and related standards, are met
and subject to approval and inspection of the Facilities by TSD. TSD's Manager is authorized to
supplement or otherwise revise the Facilities by an addendum executed by him or her. At District's
request, TSD will provide to District any information in TSD's possession required to complete the
portion of the public facilities report regarding the Facilities(as specified in Section 53321.5 of the Act).
5. Maintenance and Operation. Following acceptance of the Facilities by TSD,
TSD shall be solely responsible for the maintenance and operation thereof.
6. Acquisition Agreement. The District may enter into an acquisition agreement
(the "Acquisition Agreement") with the Property Owners with respect to the Facilities that the District
elects to fund that will provide for payment from the bond proceeds provided that the Facilities are
designed and constructed to the satisfaction of TSD and the District. Payment to the Property Owners for
the Facilities under the Acquisition Agreement (if executed) will be from Bond proceeds only and not
from any other fund of District or TSD. The District and TSD agree that the Acquisition Agreement(if
executed)will require that the Facilities shall be constructed pursuant to all applicable District and TSD
requirements and statutes and in compliance with the applicable requirements of the Act. Nothing in this
Agreement or any acquisition agreement shall relieve the Property Owners of the obligation to pay fees
imposed by TSD or T-TSA, nor shall anything in this Agreement or any acquisition agreement prevent
TSD from agreeing separately to provide credits against such fees to Property Owners for eligible
Facilities constructed.
7. Distribution of Bond Proceeds.
a. Pursuant to each bond indenture, fiscal agent agreement, or other
document providing for the issuance of the Bonds ("Indenture"), District or the community facilities
district shall establish a separate account with the bond trustee or fiscal agent designated in the Indenture,
into which the proceeds of the Bonds to be used for the Facilities, and other public improvements to be
funded by proceeds from the sale of Bonds,shall be deposited(the"Acquisition and Construction Fund").
b. TSD agrees that it shall review and approve all costs included in the
Property Owners' request to the District for payment to the Property Owners from an Acquisition and
Construction Fund for any of the Facilities. TSD agrees to provide assistance to the District in
determining compliance by the Property Owners with the requirements of TSD.
8. Limited Obligations. TSD's obligations hereunder shall be limited to the
obligations assumed by it with respect to the acceptance of the Facilities for operations and maintenance.
TSD shall have no obligation or responsibility whatsoever with respect to the issuance and sale of the
Bonds, for the payment of principal and interest thereon, or for the levy of the special taxes required to
provide debt service. The District shall have the sole responsibility in such matters.
9. No Separate Entity. The parties do not intend to form a separate joint powers
authority by this Agreement; instead, the parties intend that the Board or the General Manager of the
3
District or his or her designee act on behalf of the District on all matters for which the District is
responsible under the Act and this Agreement,and that the TSA Board or the Manager of TSD or his or
her designee, act on behalf of TSD in all matters for which it is responsible under this Agreement.
10. Indemnification.
a. By District. District shall,to the full extent permitted by law,indemnify,
defend and hold TSD,and its officers,employees,agents and contractors harmless from and against any
and all liabilities,losses,claims,damages,and expenses in connection therewith,including attorneys'fees
and expenses,arising out of or as a result of the proceedings for the formation of any community facilities
district, the levy and collection of the special taxes, and the insurance, sale and administration of the
Bonds and Bond proceeds.
b. By TSD. TSD shall, to the full extent permitted by law, indemnify,
defend and hold District, and its officers, employees, agents and contractors harmless from and against
any and all liabilities, obligations, losses, claims, damages and expenses in connection therewith,
including attorneys' fees and expenses,arising out of or as a result of the design or the acceptance of the
Facilities by TSD for operation and maintenance.
11. Termination. This Agreement shall terminate upon the earlier occurrence of the
following events: (a)the dissolution pursuant to Section 53338.5 of the Act of the community facilities
district established to finance the Facilities;or(b)the written agreement of District and TSD to terminate
this Agreement.
12. Notice. Any notice, payment or instrument required or permitted by this
Agreement to any party shall be deemed to have been received when personally delivered to any party or
seventy-two (72) hours following mailing the same, first class, postage prepaid, addressed as follows:
District: Truckee-Donner PUD
11570 Donner Pass Road
P.O. Box 309
Truckee, California 96160
Attention: General Manager
TSD: Truckee Sanitary District
12304 Joerger Drive
Truckee, CA 96161-3312
Attention: General Manager/Chief Engineer
13. Captions. Captions to sections of this Agreement are for convenience purposes
only, and are not part of this Agreement.
14. Severability. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable,such portion shall be deemed severed from this Agreement and
4
the remaining parts shall remain in full effect as though such invalid or unenforceable provision had not
been a part of this Agreement.
15. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto.
16. Entire Agreement. This Agreement contains the entire agreement between the
parties with respect to the matters contained herein and may be amended only by subsequent written
agreement signed by both parties.
17. Counterparts. This Agreement may be executed in counterparts,each of which
shall be deemed an original, but all of which together shall constitute one instrument.
IN WITNESS WHEREOF,the parties have executed this Agreement the day and the year first
written above.
TRUCKEE SANITARY DISTRICT,
a California Sani 'strict
By: Jerry GiAore
Its: President, Board of Directors
Attest:
".", q , By
Thomas S. Selfridge, P.E.
Its: General Manager/Chief Engineer/Board
Secretary
TRUCKEE-DONNER PUBLIC UTILITIES
DISTRICT, a California Public Utility District
By:
Presid 6T
Board of Directors
5
e
•
Attest:
Barbara Cahill , Deputy District Clerk
Truckee Donner PUD
Approved as to form: Approved as to form:
C7,
ec_� t CL I-.*-
Counsel District Counsel : Dennis W. De C u i r
•
6
K?,d 4&4t 7
Attest:
Barbara Cahill , Depu y District Clerk
`Truckee Donner PUD
Approved as to form: Approved as to form:
Counsel District Counsel: Dennis W. De C u i r
6
EXHIBIT A
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
The boundaries of the territory which is proposed for inclusion in the Community Facilities
District are depicted in the attached map. Such territory is identified as the Nevada County Assessor
Parcel Numbers specified on the map.
Al
f
rRDssEe
AMENDED BOUNDARY MAP OF PROPOSED COMMUNITY
t u sr 1Es '° TO KENO FACILITIES DISTRICT NO.04-1(GRAY'S CROSSING)
3s
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
SIT Ez COUNTY OF NEVADA
3 R + STATE OF CALIFORNIA
f ' S87°57'49"E 1267.23'
N87°57'49"W 1116.38' S88"26'25W 2672.16'
p
I �
10 11 12
7 1co
(Tff1
19-370-22
tyJ FILED IN THE OFFICE OF THE BOARD THIS DAY OF
mumn
' 1n 19-370-19 /' N 2004.
1i1 N
TRUCKEE Sao r1r co 'p Io I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
VICINITY MAP Z AMENDED BOUNDARIES OF TRUCKEE DONNER PUBLIC UTILITY
19-370-17 'N DISTRICT COMMUNITY FACILITIES DISTRICT NO.04-1(GRAY'S
N.T.S. LU I 'N PROSSER <3� CROSSING),TRUCKEE DONNER PUBLIC UTILITY DISTRICT,
v o / DAM ROAD v C COUNTY OF NEVADA,STATE OF CALIFORNIA,WAS APPROVED BY
- THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC
e 1 HIGHWAY 89 'o .. _., -..... 19-370-23 � to
Gl v UTILITY DISTRICT AT A REGULAR MEETING THEREOF,HELD ON
THE_DAY OF ,2004.BY ITS RESOLUTION NO.
Z 03 G� co
U)I
p / v O co
a
19-370-20 Ga i CLERK OF THE BOARD
w prA
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
c11n �ro ^� N
%, I._..._................___............-_�.._...-._........�j ne o p
p 19-370-21 FILED THIS DAY OF ,2004,AT THE HOUR OF�.
o cn o �b G1 O'CLOCK_M.IN BOOK OF MAPS OF
LINE TABLE: ' 1� �N oo >`y ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AND AS
INSTRUMENT NO. IN THE OFFICE OF THE COUNTY
LINE BEARING LENGTH inG� RECORDER IN THE COUNTY OF NEVADA,STATE OF CALIFORNIA.
L1 N82'3731'W 250.72 19-370-24.�;
?, L2 S29'29'49'W 78.28 apC7
L3 S02'55'34 W 344.93 In I L ' B
L4 529'33'50 W 78.25 I L5� � G'� M COUNTY RECORDER
L5 S02'55'38W 60.02 19-370-18 jr �� �� i, ^ COUNTY OF NEVADA
L6 S23'36'25"E 78.25 I L6� STATE OF CALIFORNIA
L7 N32'38'57"E 416.49 co
L8 N32'41'03-E 264.20 O o 19-370-10 19-370-26
CURVE TABLE: co
' �'N / � `h i" REFERENCE IS MADE TO THAT BOUNDARY MAP OF COMMUNITY
L9 N32-38.57-E 321.47 N */ G'� (N.A.P.) & A PORTION OF FACILITIES DISTRICT NO.04-1(GRAY'S CROSSING)OF THE
L10 N45'43'39'E 631.71 CURVE LENGTH RADIUS DELTA OI '- °'i' t� 19-370-07 TRUCKEE DONNER PUBLIC UTILITY DISTRICT,RECORDED WITH
Lit 1445'43'39'E 636.32 Cl 62.78 314,51 11'26'13' Z 4 i" THE NEVADA COUNTY RECORDER'S OFFICE ON JUNE 25,2004,IN
L12 N42.18'22'E 215.13 C2 174.93 766.35 13'04'42" I 'Lo N ;4 0� 19-370-25 er BOOK 1 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
L13 N42'18'22E 215A3 C3 188.62 826.35 13°04'42' ` N7 e o O� �(� ; DISTRICTS ON PAGE 126,AS INSTRUMENT NO.2004-0026182.
L14 N54.37-16-E 553.80 C4 236.09 4030.88 03.2121" L1 =730"'w lu) �^ O^� ^
L15 N54-3T16'E 553.80 C5 237.12 3970.88 03°25'1T 138q, r R' ^ REFERENCE IS ALSO MADE TO THAT CERTAIN MAP OF#03-067/L0T
LINE ADJUSTMENT,FILED ON THE 6TH DAY OF JULY,2004,AT THE
L16 N40'14'53'E 501.10 C6 121.66 566.02 12e18'sa: C20�ALDFR DRz 6= �ry , HOUR OF 2 O'CLOCK P.M.AS INSTRUMENT NO.'S 2004-27862 AND
L17 N40'14'53'E 501.10 C7 134.56 626.02 121854 VE v
3'31'E 248.72 C8 334.09 1331.80 14°22'23' 2004-27863 IN THE OFFICE OF THE COUNTY RECORDER IN THE
L78 N46.4
C1 N C15 '1 COUNTY OF NEVADA,STATE OF CALIFORNIA.
L19 N46'43'31'E 248.72 C9 319.04 1271.80 14°2723' J C14 ,!r_..__.
` L20 S07'11'03"E 274.40 C10 109.66 970.00 06'28'38' 19-410-24 _
L21 N15.49'49'E 276.94 Ctt 116.44 1030.00 06'28'38" �� THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON
[[ L22 N72'22.40'W 74.95 C12 511.80 2030.61 14'26'28' THIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS
L23 N17'3T20 E 67.79 C73 496.68 1970.61 14.26'28' N y 19-410-19 SHOWN ON THE NEVADA COUNTY ASSESSORS MAPS FOR THOSE
L24 S82'03'47W 289.22 C14 168.37 168.23 57.20'34' j co W PARCELS LISTED.
L25 S47.45'12'W 575.63 C15 228.42 228.23 57'20'34"
-4 iT / THE NEVADA COUNTY ASSESSORS MAPS SHALL GOVERN FOR ALL
L26 S42'28'14"W 561.66 C16 118.41 2189.50 03'05'55' N A p 19-410-21 ,�P DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH
L27 S47-39.35-W 601.07 C17 396.70 930.40 24'2546' /, 6
L28 S44.0717'W 303.26 -"El 8 619.44 321.00 110.33'53" L22 LOTS OR PARCELS.
L29 S44'02'089N 649.08 C19 369.04 335.00 63.07.01- C16
L30 S58'25'37-E 359.04 C20 63.98 530.00 06.5500'
L23 LEGEND:
�Be p?s g� L24 ® (N.A.P,)NOT A PART
PLANNING d I --) PROPOSED BOUNDARY(ZONE 1)
ENGINEERING,INC. PROPOSEDBOUNDARY(ZONE 2)
140 UTTON DRIVE, SUITE 240. GRASS VALLEY, CA 95945 SHEET 1 OF 1
p 10800 DONNER PASS ROAD, SUITE 302. TRUCKEE,CA 96161
k
EXHIBIT B
FACILITIES
It is intended that the District will finance all or a portion of the costs of the following:
1. Acquisition or construction of the following public improvements:
a. water distribution and supply and fire suppression facilities including:
i. 24"water pipeline connecting Sanders Well to the Fiberboard under-
crossing;
ii. water source (well) development including surveys, design, drilling, pump
installation, building construction and connection to water system;
iii. water distribution system serving all residential and commercial properties
within District;
iv. all other water facilities required to service properties within District;
b. electrical supply and distribution facilities including:
i. electrical infrastructure installed for service to residential and commercial
parcels within the boundaries of the District including design, conduit,
trenching, transformers and installation of cabling;
ii. electrical facilities fees;
iii. all other electrical facilities required to service properties within District;
C. public roadways, roundabouts and other road improvements including but not
limited to medians, curbs, gutters, sidewalks, traffic signals, street signage, street lighting,
pavement striping and any associated landscaping and erosion control;
d. public plazas, including non-conforming signage;
e. public access parks and trails;
f. sanitary sewer facilities;
i. sewer lift station including but not limited to wet wells, mechanical,
electrical, pumping and building systems;
ii. onsite sanitary facilities connecting residential and commercial parcels to
lift station;
iii. all other sanitary facilities required to service residential and commercial
parcels within the boundaries of the District;
131
h. wetlands and mitigation associated with construction of any public facility;
i. natural gas, telephone, electric, and telecommunications facilities, including the
relocation of existing electric transmission facilities and the installation of natural gas
transmission facilities owned or to be owned by shareholder owned utility companies regulated
by the California Public Utilities Commission,but excluding all other facilities owned or to be
owned by such companies;
j. relocation of any existing public improvements or utility improvements required
in connection with any of the items described in(a)through (i) above; and
k. any other public improvements (not inconsistent with the foregoing) identified in
accordance with the Development Agreement between the Truckee Donner Public Utility District
and Gray's Crossing, LLC pertaining to the Gray's Crossing development project;
2. Any soft cost associated with the design and construction of the above described
improvements including but not limited to engineering, environmental review, inspection,
surveying and staking, and environmental mitigation.
B2