Resolution 2557
RESOLUTION NO. 2557
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A RESOLUTION OF THE BOARD OF DIRECTORS OF
SOUTH TAHOE PUBLIC UTILITY DISTRICT
AUTHORIZING THE EXECUTION OF AN AGREEMENT AMENDMENT,
EMERALD BAY STATE PARK, BY AND BETWEEN THE
STATE OF CALIFORNIA, ACTING THROUGH THE DEPARTMENT OF
PARKS AND RECREATION, AND SOUTH TAHOE PUBLIC UTILITY DISTRICT
BE IT RESOLVED by the Board of Directors of South
Tahoe Public Utility District as follows:
1. The Board of Directors of South Tahoe Public
Utility District has considered this date an agreement
amendment, Emerald Bay State Park, dated the 2nd day of
January
, 1992, seven pages in length, including Page
7 for the execution thereof. A copy of said agreement amendment,
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Emerald Bay State Park, is on file with the Clerk of South
Tahoe Public Utility District.
2. The Chairman of the Board of Directors of
South Tahoe Public Utility District is authorized to execute
said agreement amendment, Emerald Bay State Park contract,
by and between the State of California, acting through the
Department of Parks and Recreation, and South Tahoe Public
Utility District. The Clerk of the Board of Directors of
South Tahoe Public Utility District is authorized to attest
to the Chairman's execution of said agreement amendment.
3. The Clerk of the Board of Directors of South
Tahoe Public Utility District is directed to forward two
originals of the agreement amendment, Emerald Bay State
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Park, to Robert S. Simpson, Senior Land Agent, State of
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California, Department of Parks and Recreation, P.O. Box
942896, Sacramento, California, 94296-0001.
PASSED AND ADOPTED at a duly held regular meeting
of the Board of Directors on January 2, 1992, by the following
vote:
AYES: Directors Pierini, Onysko, Mosbacher, Mason, Wallace
NOES: None
ABSTAIN: None
ABSENT: None
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Lou Pierini; Chairman
Board of Directors
South Tahoe Public Utility District
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ATTEST:
!d,e a ~vrna?%
PAT A. MAMATH, clerk of the
Board of Directors, South
Tahoe Public Utility District
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AMENDMENT AND RESTATEMENT
EMERALD BAY STATE PARK CONTRACT
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4 THIS amendment and restatement, made and entered
5 into this 2nd day of January , 1992, by and between
6 the STATE OF CALIFORNIA, acting through the Department of
7 Parks and Recreation, hereinafter referred to as the "State"
8 and SOUTH TAHOE PUBLIC UTILITY DISTRICT, sometimes hereinafter
9 referred to as "District";
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11 WHEREAS, the District owns, operates, and maintains
12 sewage collection, transportation, treatment, and disposal
13 facilities; and
14 WHEREAS, State is the owner of lands within the District's
15 boundaries known as Emerald Bay State Park, Washoe Meadows
16 State Park, and Lake Valley State Recreation Area, and other
17 miscellaneous parcels; and
18 WHEREAS, State by agreement dated September 3, 1970,
19 with South Tahoe Public Utility District acquired the right
20 to discharge sewage from Emerald Bay State Park into District's
21 facilities for treatment and disposal by South Tahoe Public
22 Utility District; and
23 WHEREAS, State and District propose to modify the
24 terms of the agreement dated September 3, 1970, to reflect
25 State's current and future needs relating to the disposal
26 of sewage originating at Emerald Bay State Park and other
27 State park land or lands including, but not limited to,
28 Washoe Meadow State Park, and Lake Valley State
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1 Recreational Area, and other lands which may be acquired
2 in the future for park and recreational purposes; and
3 WHEREAS, after careful review, the State has determined
4 that its needs for the term of this agreement shall not
5 exceed fifteen thousand (15,000) gallons per day; and
6 WHEREAS, it is in the best interest of the parties
7 hereto to amend and restate the terms and conditions of
8 the agreement dated September 3, 1970;
9 NOW THEREFORE, the parties hereto do hereby amend
10 and restate the terms and conditions of that certain agreement
11 between the parties hereto dated September 3, 1970:
12 1. Subject to the approval of the Department of
13 General Services, this amendment and restatement shall become
14 effective on the date first herein above appearing and shall
15 terminate thirty (30) years from the date of approval by
16 the Department of General Services.
17 2. State shall be entitled to discharge sewage in
18 an amount generated by 156 sewer units into the District's
19 sewage facilities equivalent to an average daily flow (for
20 anyone-year period) of 15,000 gallons per day generated
21 within Emerald Bay State Park and other lands of the State.
22 District shall accept, transport, treat, and dispose of
23 said sewage.
24 3. State shall have the right, for the term herein,
25 to transfer a portion of said aforementioned 156 sewer units
26 of State capacity for use by other State Department of Parks
27 and Recreation land or lands, hereinafter sometimes referred
28 to as "other State land or lands", within the boundaries
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1 of South Lake Tahoe Public Utility District and within the
2 capabilities of the collection system. State further has
3 the right to connect to, and discharge said transfer capacity
4 into the District's sewer facilities. District shall accept,
5 transport, treat, and dispose of said transfer capacity
6 upon the payment of the standard cost to transfer charged
7 all users of the District's facilities adopted from time
8 to time via South Tahoe Public Utility District ordinance.
9 State may transfer such "transferred capacity" in increments.
10 4. State shall exercise its right described under
11 paragraph 3 above by written notification to District providing
12 the number of sewer units to be transferred and the locations
13 of the State lands recipient of the transfer of capacity.
14 Within thirty (30) days following receipt of said aforementioned
15 written notice, District shall notify State in writing that
16 District will accept and transport such transferred capacity.
17 Thereupon State, at its sole expense, shall construct, install,
maintain, repair, replace, and/or reconstruct a sewer connection
or connections to District's sewer facilities. Such connection
or connections shall be at the location or locations specified
by District. The installation, construction, repair (except
emergency repair), replacement, and/or reconstruction of
such connection or connections shall be according to the
plans and specifications which are satisfactory to and are
first approved by District's engineer.
5. In the event District determines that District's
sewer facilities are not able to accept and transport
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said transferred capacity, District shall forthwith give
written notification to State of such determination and
specify what new facilities of District are required, the
cost thereof, a District proposed construction schedule
thereof, and the proposed method of payment to provide service
for the transferred capacity as requested by State. If
State and District mutually agree in writing to what new
facilities are required, the cost thereof, the District
construction of such new facilities, and the method of payment,
the right granted in condition in 3 above shall become effective
upon the availability of the new facilities to accept and
transport the transfer capacity to District's treatment
plant for treatment and disposal, but subject to the availability
of funds appropriated for such purpose.
6. It is understood that present development at
Em~rald Bay State Park will require no more than 50 sewer
units to provide for the disposal of sewage generated within
said State Park. Consequently, State shall pay to District
in arrears, after receipt of an invoice, an annual sewer
service charge of $84.12 for each sewer unit, for a total
sewer service charge of $4,206.00 for 50 sewer units. Said
service charge may be adjusted upward or downward, from
time to time, by the Board of Directors of the District,
at the same rate applicable to all other users within the
South Tahoe Public Utility District.
7. District's sewer charge for operation, maintenance,
and repair of the District's sewerage facilities shall include
all costs for collection, transportation, treatment, and
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1 disposal of sewage, including administrative costs, but
2 excluding payments on bonded indebtedness, financing costs,
3 payment of interest or principal on any loan, attorney fees,
4 or other costs in connection with financing any portion of
5 District's sewage facilities.
6 8. Upon State's use of the remaining balance of
7 the aforementioned sewer units, repesenting 106 sewer units,
8 or a portion thereof, through discharge of additional sewage
9 into District's sewerage facilities, State shall pay, annually
10 in arrears, the prevailing sewer service charge for each
11 additional sewer unit utilized for the discharge of additional
12 State sewage. Payment of said amount shall be made within
13 thirty (30) days following receipt of invoice.
14 9. There is hereby deleted in their entirety the
15 following numbered conditions of said aforementioned agreement
16 dated September 7, 1970: Conditions 1 and 3, Condition 9(a)
17 through 9(d), Condition 10(a) and (b), Condition 13, and
18 Condition 14(a) through 14(c).
19 10. State shall cooperate with District in any District-
20 wide water conservation program to Emerald Bay State Park
21 land or other State land or lands.
22 11. State shall cooperate with District in any District-
23 wide program to reduce inflow and infiltration to sewage
24 collection lines to Emerald Bay State Park land or other
25 State land or lands.
26 12. It is the intent of the parties to renew the agreement
27 of September 3, 1970, as amended and restated by this agreement
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1 amendment, after the expiration of the term provided in this
2 agreement amendment for an additional like term at no additional
3 cost to State.
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13. State agrees to pay its proportionate share of
5 costs relating to the construction of additional emergency
6 retention
7 pipeline.
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basins and the relocation of a portion of the export
The Drug-Free Workplace Certification, Standard
9 Form 21 (New 11-90), attached hereto is incorporated herein
10 and for the purposes of this agreement, the Contractor therein
shall mean District.
15. The State agrees to cooperate with the District
in the reprogramming and the beneficial use of the tendered
surplus capacity.
16. Except as otherwise herein amended and restated,
in all other respects said agreement made and entered into
September 3, 1970, by and between the State and District
is hereby ratified and confirmed.
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1 IN WITNESS WHEREOF, the parties hereto have caused
2 this amendment and restatement to be executed the date first
above written.
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
Henry R. Agonia, Director
By
::U,TH~:;:';UTIL~T:ADISTRIC
Attest et (), q::;d?'A' ,:'
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