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Resolution No. 21502481A -89a l JHHW:SSW:sc 06/29/79 RESOLUTION NO. 219n A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT RESPECTING FOREST SERVICE USE PERMITS FALLEN LEAF LAKE FOREST SERVICE PERMITTEES ASSESSMENT DISTRICT 1979 -1 RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, that that certain Agreement Respecting Forest Service Use Permits, a copy of which is on file in the office of the Clerk and ex officio Secretary of this District and has been reviewed by this Board of Directors, be and is hereby approved, and that the President be and is hereby authorized to execute said Agreement and the Clerk and ex officio Secretary is hereby authorized to attest his signature and to affix thereto the seal of this District. "' �J'm 4'j P esident South Tahoe Public Utility District ATTEST: le a x o icio Secretary * * * * * * * * * * * * * ** I hereby certify that the foregoing is a full, true and correct copy of Resolution No. 215CL duly and regularly adopted by the Board of Directors of the South TahoeuTlic Utility District, E1 Dorado County, California, at a meeting thereof duly held on the 19th. day of JULY 1979, by the following vote: AYES, and in favor thereof, Directors: Cocking, Fieldcamp Jones and Kashuba NOES, Directors: None ABSENT, Directors: Director W.N. Olson �KGler and ex officio Secretary South T oe ublic Utility District M i 2094A -89a JHHW:RJH:sc 05/01/79 AGREEMENT RESPECTING FOREST SERVICE USE PERMITS RECITALS A. The parties to this Agreement are the United States Department of Agriculture, Forest Service (hereinafter "Forest Service ") and the South Tahoe Public Utility District, E1 Dorado County, California (hereinafter "STPUD "). B. The United States of America is the owner of the fee simple interest in certain lands within E1 Dorado County in the area of Fallen Leaf Lake upon which various individuals maintain various improvements under and subject to written permission granted by the Forest Service under various permits. C. The lands which are the subject of this Agreement are commonly known as follows: Alpine Falls Tract - Lots 1 -4, 7 -8, 10, 15; Fallen Leaf Lodge Tract - Lots 5 -7, 13 -18, 20 -23, 25 -32; Stanford Tract - Lots 1 -6, 8, le' -11; 9 Said lands are shown on Exhibit A, attached hereto and made a part hereof. D. The subject lands have been improved in accordance with the terms of said permits or previous permits, and continued use of .-said permits and continued use of said lands for permitted purposes is subject to provision of adequate sanitary sewer service as may be required by applicable lags and regulations of the United States of America, the State of California, local ordinances and any determinations or orders of the Lahontan Regional Water Quality Control Board, an agency of the State of California. E. STPUD intends to commence special assessment proceedings respecting the subject lands. Said proceedings will be conducted pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following of the California Streets and Highways Code) and the Improvement Bond Act of 1915 (Sections 8500 and following of said Code) for the purpose of constructing sanitary sewer collection lines and appurtenant improvements to serve said subject lands. STPUD shall assume responsibility for maintenance and operation of said facilities, if and when said facilities are completed, and shall also impose a system of rates and charges to be collected from occupants of those areas descrihed in Paragraph C hereof, whose occupancy is based upon valid permits as described herein. • F. The assessments to be levied with respect to said lands will be levies': upon the possessory interests of the parties named as permittees in the permits covering said lands, and the lien of such assessments will affix only to said possessory interests and appurtenant improvements. G. STPUD must have the assurances contained in this Agreement to make the proposed special assessment financing feasible, and Forest Service desires to cooperate with STPUD and the subject permittees so that financing of the requisite sewer service for said lands is feasible. H. In consideration of the mutual covenants hereafter set forth, the parties agree as follows: AGREEMENT The foregoing recitals are true and correct, and the parties expressly so acknowledge. 2. STPUD agrees to include the subject lands in said proceedings and, in particular, to proceed with the levy of special assessments against the private possessory interests held by the respective permittees of such lands, provided, however, that both parties acknowledge that said assessment proceedings may be terminated in the event of a protest by saic' permittees, as defined by the provisions of said Municipal Improvement Act of 1913, and provided further that feasibility of constructing saic! sanitary sewer facilities will be contingent upon receipt by STPUD of satisfactory construction bids and a satisfactory bid for the improvement. bonds which STPUD proposes to issue and sell under the terms of saic. Improvement Bond Act of 1915. 3. Forest Service agrees as follows: a. Upon request by STPUD, to furnish forthwith to the County a list of the names and addresses of all permittees named in the existinc permits pertaining to the subject recreation residence lots. b. To proceed forthwith with issuance of new 20 -year permits covering th recreation residence tracts listed in Recital Paragraph C of thi Agreement, and shown on Exhibit A hereto, the terms and conditions of which new 20 -year permits shall be substantially identical to Exhibit attached hereto and made a part hereof. C. To furnish to STPUD, upon request, a certificate with respect to saic recreation residence lots "in the form set forth in Exhibit C, attache( hereto and made a part hereof. 4. The parties expressly acknowledge that, under the provisions of the Improvement Bond Act of 1915, STPUD assumes a conditional or contingent obligation to pay bond principal and interest, in the manner provided in said 1915 Act, from available general funds of STPUD. In order to properly and adequately secure said contingent obligation of STPUD, and to provide maximum assurance that STPUD will have a meaningful and valuable property right upon which to foreclose and thereby recover any amounts which STPUD may be required to advance pursuant to said 1915 Act, Forest Service agrees that so long as there remains unpaid any portion of the special assessment obligation levied by STPUD upon the possessory interest created by any permit pertaining to any such recreation residence lot, the following shall apply: a. Compensated Termination Notwithstanding the provisions of Clause 16 of the permit to the contrary, no permit shall be terminated under or in accordance with said Clause 16, either prior to the expiration date stated on the permit (which is 20 years from the date of issuance) or prior to 10 years from the date on which a written notice of termination is sent to the permittee, whichever occurs later unless two conditions are met: (1) The amount of the consideration to be paid by the United States shall be equal at least to the amount required for the advance payment of the remaining unpaid portion of the special assessment against the subject lot and improvements, said amount to be determined in accordance with the provisions of Section 8687 of the California Streets and Highways Code, and (2) The amount so determined is paid to STPUD on the condition that such amount shall be applied solely to said advance payment, witf the balance of such consideration, if any, to be paid to thc. permittee. (b) Uncompensated Termination, Abandonment, Cancellation or R e voca tion In the event that any of the subject permits is terminated, abandoned, canceled or revoked for any reason or on any basis other than pursuant to Clause 16, Forest Service will issue a new permit substantiall; identical to Exhibit B for the balance of the 20 -year term, to an, person who is qualified as a permittee and who makes provision wits STPUD for payment of the unpaid portion of such special assessment, i a manner satisfactory to STPUD, provided that no new permit will b- issued under said circumstances unless and until provision is made fo payment of the unpaid portion of such special assessment in a manne satisfactory to STPUD. C. Removal of I TLr(vements In the event of an uncompensated termination, abandonment cancellation. or revocation, the reasonable time specified in Clause of the recreation residence permits Form 00 -18) for removal o improvements, shall not be deemed to expire until ninety days afte STPUD is notified by Forest Service of such termination, abandonment cancellation or revocation. It is the intent of this provision t Cl -U provide a reasonable time period in which a new permittee may bE obtained and a new permit issued as provided above. c. Any. proposed land exchange or sale of the land (or any portioi thereof) covered by any such permit, which is approved and authorized by Forest Service, shall be expressly conditioned upon the requirement. that the proposed transferee shall enter into an agreement with STPU( providing for payment of said unpaid portion of such special assessment obligation in a manner satisfactory to STPUD. 5. It is mutually agreed that: a. All permits issued pursuant hereto and all permits subject hereto as same may be amended, shall be substantially identical to the applicable form attached hereto as Exhibit B except as herein expressly provided, unless STPUD shall consent in writing to variations therein. b. No provisions for payment of the unpaid portion of a special assessment, pursuant to clauses a and b of paragraph 4 hereof, shall be deemed satisfactory to STPUD unless and until STPUD has so indicated in writing. c. STPUD shall not unreasonably withhold consent pursuant to clause a of this paragraph 5, or unreasonably withhold written indication of its satisfaction with a provision for payment of the unpaid portion of a special assessment when same is required hereunder. d. Forest Service shall not allow any land to which this Agreement is applicable to be used for recreation residence purposes unless a valid permit therefor, in the form attached hereto as Exhibit B, is in existence. IN WITNESS WHEREOF, the parties hereto, by their duly authorized officers, have executed this Agreement in duplicate on the day of 1979. UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE Z. Administrator Lake Tahoe Basin Management Unit ATTEST: SOUTH TAHOE PUBLIC UTILITY DISTRICT Clerk and ex officio Secretary South Tahoe Public Utility District 1 j � By President, Board of Directors South Tahoe Public Utility District 4 EXHIBIT C CERTIFICATE PERTAINING TO PERMITS ON FOREST SERVICE TRACTS To: Board of Directors South Tahoe Public Utility District Assessment District No. 1979 -1 I, , Administrator, Lake Tahoe Basir Management Unit, being duly authorized to make this certificate for and or behalf of the United States Department of Agriculture, Forest Service, do hereby certify as follows: 1. That validly issued permits are now in existence for all of the following: Alpine Falls Tract - Lots 1 -4, 7 -8, 10, 15; Fallen Leaf Lodge Tract - Lots 5 -7, 13 -18, 2.0 -23, 25 -32; Stanford Tract - Lots 1 -6, 8, A -11; 9 all of which are proposed to be assessed in the proceedings for Assessmen District No. 1979 -1 as shown on the assessment diagram and assessment rol filed in said proceedings in the Office of the Clerk of the South Taho Public Utility District, except as follows: 2. That the period of years for which each of the aforementioned validl issued permits was issued is not less than twenty (20) years from th respective dates thereof, and that none of said permits are dated prio to , 1979, except as follows: 3. That each of the aforementioned validly issued permits contains th provisions set forth either in Exhibit B of that certain Agreement betwee the United States Department of Agriculture, Forest Service, and the Sout Tahoe Public Utility District pertaining to said Assessment District Nc 1979 -1, as follows: I declare under penalty of perjury that the foregoing is true and correct. Executed on , 1979, at Administrator