Resolution No. 790RESOLUTION NO. 790
A RESOLUTION AUTHORIZING THE PRESIDENT OF THE
BOARD OF DIRECTORS OF SOUTH TAHOE PUBLIC UTILITY
DISTRICT TO EXECUTE AN EASEMENT AND RIGHT-OF-INAY
LEASE WITH DAVID m. BOHANNON ORGANIZATION AND
HAROLD EDELSTEIN.
BE IT RESOLVED by the Board of Directors of SOUTH TAHOE PUBLIC
UTILITY DISTRICT, County of E1 Dorado, State of California, as follows:
1. That the President of the Board of Directors of SOUTH TAHOE
PUBLIC UTILITY DISTRICT be, and he is hereby authorized to execute an Easement
and Right-Of-Way Lease with David m. Bohannon Organization and Harold Edelstein
for the transportation of treated sewage effluent from the treatment facilities to the
lands used for the disposal of treated sewage effluent.
PASSES AND ADOPTED at a regular meeting of the Board of Directors of
SOUTH TAHOE PUBLIC UTILITY DISTRICT on March 16, 1967, by the following
vote:
AYES:
NOES:
ABSENT:
Directors Fesler, Vffakeman, Hegarty,
Kortes and Melikean
None
None
Robert W. Fesler, President of the
BOARD OF DIRECTORS OF SOUTH
TAHOE PUBLIC UTILITY DISTRICT
ATTES~
David W. Callahan, Clerk of the
SOUTH TAHOE PUBLIC UTILITY DISTRICT
and ex-Officio Secretary of the Board
of Directors thereof
CERTIFICATE OF RESOLUTION
STATE OF CALIFORNIA )
)
County of E1 Dorado )
SS.
I, DAVID W. CALLAHAN, Clerk of the SOUTH TAHOE PUBLIC
UTILITY DISTRICT, County of E1 Dorado, State of California and
ex-officio Secretary of the Board of Directors hereof, do hereby certify
that the attached Resolution No. 790 is a true, full and correct copy
thereof, and that said Resolution was duly adopted by the Board of
Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT at a duly held
regular meetinw on March 16, 1967, and that the original of said
Resolution is on file in the office of said SOUTH TAHOE PUBLIC UTILITY
DISTRICT. Said Resolution was passed by the following vote of the
members of the Board of Directors thereof:
AYES: Directors Fesler, Wakeman,
and Melikean
NOES: None
ABSENT: None
Hegarty, Kortes,
David W. Callahan, Clerk of the
SOUTH TAHOE PUBLIC UTILITY DISTRICT
and ex-Officio Secretary of ~he
Board of Directors thereof.
(SEAL)
the Ci'by of oo~ca Lake ~''' ~- ~1 Dor'ado (,O'UN-hy~" u~'~ :~.~.:o~'nla'" '
between ]}avi. d ~}. Bohannen Or:an xar, ion and Narold Edeis%e:[n~
iles'eJ_Na]7~eF ca.LJ..ed hessoP~ ,.,u~.~u~ ~ anoe
~ls'b:':kc%; a political sNb-GiLVISi_On 0/0 b:!e J;'ba. te of
hereinal'beF called Lessee~'~'~]_~ho~.t ]:x:~Sar~' to nun~be:' oz' Sen,,,:.,',
lit IS AGREED BETTEEN THE PARTIES HI.d,~:_O- ~ ::-~ AS '~
z, OI,LO?,:,.,:
1. The Lessor hePeby leases ~o ~he Lessee and She Les~soe
hereby hfi .... ~t(, terms hereinafter
. ..:.co from ~he LessoN': on ~ :
ror'bh: an e~:o:~::.no and fish: or way situate in the ~,::,i~ .} or
~ '~' :" -(' ~' " 12 Range 18 East: M D.B
s:Ltuatx: ::n ;'] :;or'ado Co'an~y~ (3alii'ornia~ consisting of a
Sill" l',',,.:~ a31 , : ,, .~. ,i ' ' ~,.'
....... : ~:~, :ener'al!y westerly room Pioneer
T:"' ,1;, 3 i 'i : ':11;3 .;, ;,215'(i o,v'l](:il(i Of ~lFa,~ :iaFoot~lan and o.
H~ ....... '~' '; ':~ ~,; ' , . ,i',}:~:::is:'%,:721' call :: '~:..~ 15 tnian~ upon which sal_o.'
mc~.,, ,: 1_,. ;,~.l'(-)(~k,il}ii,l{LT! .,(I:~sec: C':. '.'~:',. :,: , :: existing spFay
5. l'.':':{l l<'~,: .:': :1{ J:'bl~_es /.'oF t?i,: o.1 :':), :',a', ,. ~,:'eated sewage
' ~ ..... :-: ':::::i: i~ :c.::: is approximate'~,
el'i':._~,,. [, :',.:'c:,. :~a.~_.~: ::~l'yin: kl! SiZe FI'om l{) i :i (3 :', 6} S ~O 12
, ' ' ~.-! ' "8'"c" C() ' ':
ili ~::_a~rl~:'[3{~l'~ ::;~ ~x ~., ~,:~{?o~ UpON bile t: ~ ~.,_t o: s,~x.c~ sbNip of lan(2.
The v.ri~,,}:: O;_' 'gal,,.: e~,.:~nnen'b and r/gh.-b ,~.i' ,. ':.l:~ leased~ shall
........ : .... ' .......... Sa/LG sower eli~t,. ~l,:~il/:~ ~_:~d in addi~-~
the '
nla iL- ' : -, ' ' , ..... :
....... ,~ :,:,,: · of 'b:~e within ±ease
Of ,': .;~'~,'>,' ',,L' 1<~:, ':' Oi' Cel'ba~Ii iL:::i,~
said land ~:nd other p:'opez-'ty by t}~:: United
to Harold Edels'oein: and an in%er'ash in
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thereof~ from said Harold Edelstein to David D. Bohannon
Organization. The term of the within lease shall terminate on
March 31, 1968~ unless sooner terminated as hereinafter provided.
3. The consideration to the Lessor under the terms of this
lease shall be the sum of $1.O0.
4.° The purpose of this lease shall be for the maintenance
and operation of said existing sewer effluent fo~'ce main for the
transportation of treated sewage effluent from the treatment
facilities of Lessee to the lands of Harootunian afore-mentioned.
Said easement and right of way shall not be used for any other
purpose.
5. Lessee agrees to remove the force main at the terminatio~
of this said lease at its own expense and save Lessors free and
harmless therefrom. Said removal shall comply with at least
the present requirements of the United States Forest Service
Special Use Permit for said force main. Lessee shall restore
the premises after removal of the sewer effluent force main~_~ :~
to their present condition and in accordance with the terms aha
conditions of said present Special Use Permit for said line with
the United States Forest Service. In the event that Lessors
shall develop the real property subject to this said easement
and right of way herein leased~by construction thereon~ prior
to the termination date herein before set forth, Lessee shall
remove the sewer effluent force main from said easement and
right of way after ninety days advance written notice by Lessors
of the date of said development construction. This lease shallth
terminate ninety days after said notice.
'6. Lessee will not cut or destroy any trees without
written consent of Lessor first had and obtained.
7. Lessee shall exercise good engineering practices for
the use of said sewer effluent force main~ and at least comply
with the present requirements for the use thereof under terms of
2.
a Special Use Permit of the United States Forest Service for
said force main upon the lands herein leased for an easement and
right of way.
Lessee shall comply with all municipal~ state and federal
regulations, ordinances and laws in connection with the use of
said sewer effluent force main line.
8. Lessee~ as a material part of the consideration to be
rendered to Lessor, hereby walrus all claims against Lessor for
damages to good~,, war. a:~ and :~-~_'ck~ndise~ in~ upon or about said
premises an~ ior inj~rie.., to ~:~see~ his agents, or third persona
in or aUc:ro said premisea from any cause arising at any time~
and lessee will hoed Lessor e~ompv ~:nd harmless from any damage
or :[.'jury to an7 person~ or vc the goods~ wares and merchandise
of amy pe2son~ arising from c~ use oZ' vine premises by Lessee~
or from u,a~, failure oi' L~ssee ~,o keep ~ke 2_:,amises in good
condision ane repair~ as kerai,~ pmoviee{_.
9. This lease is m&ae ~::>o~ ¥?lie expras~ o3:~dition that
Lessor is %o be free from ali liability aha ~ .... ;5_~ for damages
by reason of any injury to any person or pez'so~;s~ including
Lessee~ or property of any kind whatsoever and to whomsoever
belonsing~ including Lessee, from any cause or causes whatsoever
while in~ upon~ or in any way connected with the said
demised premises oF the said sewer effluent force main
during the term of this lease or any extension hereof or
any occupancy hereunder, Lessee hereby covenanting and agreeing
to indemnify and save harmless Lessor from all liability, loss,
cost~ and obligations on account of er arising out of any such
injuries or losses however occurring.
10. Lessee further agrees to take out and keep in force
during the life hereof at Lessee's expense, public liability
insurance in companies and'through brokers selected by Lessor
to protect against any liability to the public incident to the
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use of or resulting from any accident occurring in or about said
premises, the liability under such insurance to be not less than
$500~000.00 for any one person injured~ or $1~000~000.00 for
any one accident~ or $500~000.O0 for property damage. These
policies shall insure the contingent liability of Lessor and are
to be placed with Lessor, and Lessee is to obtain a written
obligation on the part of the insurance carriers to notify
Lessor in writing prior to any cancellation thereof, and Lessee
agrees~ if Lessee does not keep such insurance in full force
and effect the Lessor may take out the necessary insurance and
pay the premium and the repayment thereof shall be deemed to be
part of the rental and payment as such on the next day upon
which rent becomes due.
11. Lessee shall permit Lessor and his agents to enter
into and upon said premises ay all reasonable times for the
purpose of inspecting t~e same~
12. m'.r~ ~ai~rer. by Lesso~ o£' any breach of any term~
covenant~ or condition herein ~,~ned shall not be deemed to
be a waiver of such term, covenaz~v~ sr' condition or any subsequenz
breach of the same or any other term~ covenant, or condition
herein contained. The subsequent accepta:~'~e of rent hereunder
by Lessor shall not be deemed te be a waive? of any preceding
breach by Lessee of any term, covenant~ or condition of this
lease~ other than failure of Lessee to pay the particular rental
so accepted~ regardless of Lessor's knowledge of such preceding
breach at the time of acceptance of such rent.
13. The covenants and conditions herein contained shall~
subject to the provisions as to assignment, apply to and bind
the heirs~ successors, executors~ administrators~ and assigns
of all of the parties .~.areto; and all of the parties hereto
shall be jointly and severally liable hereunder.
16o TIME is , ~-~ essence of this lease~
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· J~Ht4I~., WEIDMAN
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SO
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DAVID D. BOHANNON ORGANIZATION
,~-~ Vice 1D~'~'~iden~ . / .
= ../.,/ /. ".<i/~ -i' --';~',"' t,',./L.
Assistant Secretary
HAROLD EbELSTEIN
,!
Lessor
SOUTH TAHOE PUBLIC UTILITY DIST ...... ~
P'r'esident o~f the Board of Directors
Clerk
Lessee