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Fallen Leaf Lake Agreement (2)AGREEMENT BETWEEN FALLEN LEAF LAKE ASSOCIATES AND SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING CONNECTION CHARGES COST OVERRUN RIGHTS-OF-WAY FALLEN LEAF LAKE SEWER PROJECT THIS AGREEMENT, effective as of December 1, 1988, is made by and between the SOUTH TAHOE PUBLIC UTILITY DISTRICT hereinafter referred to as "DISTRICT") and FALLEN LEAF LAKE ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter referred to as "ASSOCIATES"), with reference to the following facts: RECITALS I. CONNECTION FEES A. On March 25, 1977 DISTRICT and FALLEN LEAF LAKE LODGE entered into a Memorandum of Understanding (referred to herein as the "MOU") concerning the design, construction, operation and maintenance of sewage facilities for the Fallen Leaf Lake basin, County of El Dorado, State of California. Lodge owned certain 3 C. The construction of the sewage facilities contemplated by the MOU is now completed and DISTRICT anticipates that ASSOCIATES will start connecting to the sewer system during or after 1988. D. DISTRICT contends that Section 8.8 of the District Sewer and Street Lighting Ordinance presently provides that a connection charge shall be paid upon connection to the sewer system in the sum of $1,330.00 per sewer unit. E. ASSOCIATES dispute the applicability of the connection charge described in the preceding recital hereof to the Property for the reasons, among others, that: 1) Prior to the execution of the MOU, Fallen Leaf Lake Lodge was advised by the DISTRICT that the connection charge applicable to the Property would be 80.00 per sewer unit; 2) Lands owned by the United States (Department of Agriculture) which will discharge into the Fallen Leaf Lake Sewage System are to pay no connection charges; 3) Section 10.9 of the District's Sewer and Street Lighting Ordinance provides that the connection fees shall be at the rate applicable on the date when construction of improvements upon property was completed rather than the connection fee rate applicable upon discovery of discharge and the majority 2- of improvements at Fallen Leaf Lake were completed prior to any increase in connection fees; 4) Because of the design of the Fallen Leaf Lake Sewage System, Fallen Leaf Lake dischargers should not burden District facilities in the same proportion as new construction connections; 5) The majority of Fallen Leaf Lake dischargers do not result from new construction; and 6) But for delays in the design, engineering and construction of the Fallen Leaf Lake Sewage System, connections to the system would have occurred in 1979 at a time when the prevailing charge was $580.00 per sewer unit. F. The parties desire to compromise the dispute that exists between them regarding appropriate connection fees on the terms and conditions herein set forth. The parties have agreed upon the sum of $580.00 per sewer unit as a fair and equitable compromise of the respective positions of the parties since the amount was the prevailing charge when it was contemplated by the parties that the Fallen Leaf Lake Sewage System would have been placed into operation and connection fees would have been due and payable. 3- G. An on site inspection by DISTRICT of the property has identified one hundred fourteen (114) sewer units to be connected to the DISTRICT'S facilities. The connection charge for the Property computed for 114 sewer units at $580.00 per unit is $66,120.00. H. DISTRICT will not require any or all sewer units to be connected by ASSOCIATES in 1988 unless it is so directed by local, regional, state or Federal agencies or DISTRICT must order connection to comply with any said agency requirements. I. ASSOCIATES, in connection with its plan for development, may need to transfer a portion of the sewer units within the property and any such transfers are permissible subject to payment of the connection charges required hereby. Any proposed transfers of sewer units to a receiving parcel or parcels outside the property shall be subject to the then applicable DISTRICT ordinances regarding sewer unit transfers. The property is described in Attachment B. II. COST OVERRUNS The final project cost overrun of $106,164.02 was allocated among the Fallen Leaf Lake properties in proportion to the original assessment spread for Assessment District 1971-1. The share of the cost overrun allocated to the PROPERTY was 10,163.88. 4- III. ACQUISITION OF RIGHTS-OF-WAY District is acquiring rights-of-way on and across the Property from ASSOCIATES for operation and maintenance of the Fallen Leaf Lake Sewer Project Central Station. A description of the rights-of-way to be acquired is included in Attachment A. III. ACQUISITION OF RIGHTS-OF-WAY District is acquiring rights-of-way on and across the Property from ASSOCIATES for operation and maintenance of the Fallen Leaf Lake Sewer Project Central Station. A description of the rights-of-way to be acquired is included in Attachment A. DISTRICT has heretofore paid Fallen Leaf Lake Lodge $13,393.23 as compensation for lost income due to construction of project. The parties agree that the value of the right-of-way is 35,000.00 and that $35,000.00 is due ASSOCIATES by DISTRICT. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. AMOUNT OF COST OVERRUN: ASSOCIATES shall pay DISTRICT the sum of Ten Thousand, One Hundred Sixty-three Dollars and eighty-eight cents ($10,163.88) for Cost Overruns as described in Section II. 2. AMOUNT OF CONNECTION FEES: ASSOCIATES shall pay DISTRICT, for connection of 114 sewer units, the sum of Sixty-Six Thousand, One Hundred Twenty Dollars ($66,120.00). 3. SERVICE CHARGES: Annual service charges shall be payable to District by Associates at the times, in the amounts and pursuant to the procedures specified by the District's Sewer, Water and Street Lighting Ordinances, as those ordinances may be amended from time to time (the presently effective ordinance is Ordinance No. 372). 5- 4. PURCHASE OF RIGHTS-OF-WAY: DISTRICT shall pay ASSOCIATES the sum of Thirty-Five Thousand Dollars ($35,000.00) for the rights-of-way described in Attachment A and concurrently herewith ASSOCIATES shall execute the easement deed attached as Attachment A. 5. TIME OF PAYMENT: DISTRICT shall credit ASSOCIATES in the amount of Thirty-five Thousand Dollars ($35,000.00) upon execution of this AGREEMENT and transfer of title by ASSOCIATES to DISTRICT, through execution and delivery of an instrument in the form of Attachment A. 6. PAYMENTS: The net payment due DISTRICT by ASSOCIATION is computed as follows: Connection Fee $66,120.00 Cost Overrun 10,163.88 Sub Total $76,283.88 Less Rights-of Way Credit ($35,OOO.OOZ NET AMOUNT DUE $41,283.88 The net amount due by ASSOCIATES shall be paid in seven (7) annual amounts of Five Thousand, One Hundred Sixty Dollars and fourty Nine Cents ($5,160.49) each and a final payment of Five Thousand, One Hundred Sixty Dollars and fourty five Cents 5,160.45). The payment dates are as follows: 1st Payment - June 30, 1989 - $5,160.49 2nd Payment - Dec. 31, 1989 - $5,160.49 3rd Payment - June 30, 1990 - $5,160.49 4th Payment - Dec. 31, 1990 - $5,160.49 5th Payment - June 30, 1991 - $5,160.49 6- 6th Payment -Dec.31,1991 5,160.49 7th Payment June 30,1992 5,160.49 8th Payment Dec.31,1992 5,160.45 PAYMENTS TOTAL $41,283.88 7. CONNECTION TIME PERIOD: Subject to the provisions of Section I-H, ASSOCIATES may connect at any time, but the connection charges are due and payable in accordance with Paragraph 5 of this Agreement regardless of the actual date of connection. 8. ASSIGNMENT: The rights of the parties under this Agreement shall inure to any successors in interest to the parties. 9. TRANSFER OF SEWER UNITS: ASSOCIATES may transfer sewer units from place to place within the property subject to the duty to pay DISTRICT for its actual costs incurred in connection with any such transfer. Included within such permissible transfers shall be the transfer of sewer units to that area described in that certain Offer of Dedication recorded March 3, 1988, at Book 2907, Page 4 Official Records of El Dorado County Recorder. Any proposed transfer of sewer units to a receiving parcel or parcels outside the property shall be subject to the then applicable DISTRICT ordinances regarding sewer unit transfers. 7- Dated the day and year first above written. SOUTH TAHOE FALLEN LEAF BY: ~4 ATTEST: ~ ~ /N, ~~ APPROVED AS TO FORM: ATTORNEY FOR DISTRICT CORPORATE ACKNOWLEDGMENT ATTORNEY FOR ASSO NO. 202 State of [~/fi7ri~i~li,~~ SS. County of d~~~~~.~A Carn ~' 14, 1991 On this the _~ day of ~ca'l1~ylc9G~'~ 19~; before me, the undersigned Notary Public, personally appeared f~7 personally known to me proved to me on the basis of satisfactory evidence to be th erson(s) who executed the within instrument as e°~~i~O~.~J"" or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and dial seal. / N otarV =sSiu.nat u re 1120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 462s • Woodland Hills, CA 91364 ASSOCIATES n. i . 8. R' , ~ t ~ 1 ATTACHMENT A EASEMENT DESCRIPTION All that real property situate in and being a portion of Section14, Township 12 North, Range 17 East, M. D. M., County of E1-Dorado, State of California, described as follows. Beginning at the Northwest corner~of the herein described parcelwhichbearsSouth53° 58' 27" East 2,101.4 feet from the South-east corner of the Northwest one-quarter of the Southwest one-quarter of said Section 14; thence from the POINT OF BEGINNINGSouth81° 00' 02" East 18.00 feet; thence South 08° 59' S8"West 20.00 feet; thence South 81° 00' 02" East 32.00 feet;thence South 08° 59' S8" t9est 40.00 feet; thence North 81° 00' 02"West 50.00 feet; thence North 08° 59' 58" East 60.00 feet tothePOINTOFBEGINNING. Containing 2,360 square feet Note: Refer this description to yourtitlecompanybeforeincorporatingintoanylegaldocument; Prepared by: Jones and Turner, Inc. Engineering Surveying planningP.O. Box 5067 Stateline, Nevada 89449 APN 21-410-11 Fallen Leaf Lake N G 1' D_ D O Ali F- N v a , SOUTH T~HOE PUBLIC tJTiIITY AISTAICT rW .KSr • N~1IC I~4~+C1 P.O. Box 19487 South Lake Tehoe, Calilornia 98161-3487 1275 Meadow Crest Drive Phone (916( 544-6474 FAX (916) 541-0614 To Fallen Leaf Lake Associates 555 Byron Palo Alto, CA 94301 L.,E TT E R ®1= TRANSMITTAL Date: December 16 , 1992 Attention Jim Hill , President ~ Regarding REQUEST FOR DOCUMENTS ~N r.~ Rel. N o. We ars sanding you:U Attached U Under separate cover via the following items: U Shop drawings U Prints U Plans IIl U Samples U Specfications U Copy of letter U Change order u Other Copies Date No. Description I 1 I_Septebmer 4,1992 letter to Thomsen, Houston I Craven 1 set'Presentation Overlays: 1993-1998 Residential I Connections Facilities Plan Update Ll Montgomery En gineers Technical Memo No. 2 I . L L l These aro transmitted •s checked below: u For approval For your file U As requested U For review/comment Fw bids due _79 l~1 Prints returned aher loan to an Remarks I From U Approved as submitted U Resubmit copies for approval t D~UII Approved as noted U Submit copies for distribution u Returned for corrections U Return corrected prints U Other to: (Signed: BOb Baer PRINT NAME James B. Hill Fallen Leaf Lake Associates Re: Fallen Leaf Lake Tourist Accommodation Sewer ServiceMarch15, 1991 Page - 2 - public agency use. If you or TRPA needs additional information on the Districtfacilities, please contact me. Thank you for keeping theDistrictinformedabouttheprogressofyourproject. Sincerely, Robert G. Baer General Manager RGB:gb cc: Sare Weidman TRPA -.Attn: Rick Angelocci File j~~~c~.~ lS -O~~ SOUTH TAHOE PUBLIC UTILITY DISTRICT Sewer .1950 .Water APUBLIC AGENCY P.O. Box 19487 South Lake Tahoe, California 95706-3487 Phone (916) 544-6474 1275 Meadow Crest Drive FAX (916) 541-0614 March 15, 1991 James B. Hill, President Fallen Leaf Lake Associates 525 University Ave., Ste. 620 Palo Alto, CA 94301 Chairman NAT SINCLAIR Directors ROBERTMASON MARYLOU MOSBACHER STEVEN J. ONYSKO LOU PIERINI Subject: Fallen Leaf Lake Tourist Accommodation Sewer Service Dear Mr. Hill: The District received a copy of your letter to TRPA concerningtheassociatesneedforsewerservice. In your letter you askedtheDistricttocommentontwoissuesconcerningsewerneedsfortheproject. Capacity of Main Export System The modifications to the Fallen Leaf Lake Sewage Collection System was completed in the Fall of 1990. As part of the projectflowmetersforthesystemwerepurchased. The flow meters aretobeinstalledintheSpringof1991. Flows will be monitoredduringthesummerof1991. Until the monitoring is complete, wewillnotknowtheactualsewageflows. Expanded Needs In January, 1991, the District completed expansion of thewastewatertreatmentplant. The plant expansion provided 750 sewer units for commercial uses and 250 units for public usefacilities. The District is capable and willing to provide sewerservicefortheslightlyexpandedfacilitiesintheCSDportionoftheproperty. To make an accurate count of the sewer units required for theprojectinaccordancewiththeletterofJohnC. Weidman and myself dated April 19, 1990, we will need additional information on the coffee shop, such as the number of seats and the fixturestobeinstalledinthekitchen. These sewer units appear to be commercial, including the two public restrooms, which althoughdesignatedforpublicuse, are commercial for sewer unit purposes, because they appear to be private public use, not James B. Hill Fallen Leaf Lake Associates Re: Fallen Leaf Lake Tourist Accommodation Sewer Service March 15, 1991 Page - 2 - public agency use. If you or TRPA needs additional information on the District facilities, please contact me. Thank you for keeping theDistrictinformedabouttheprogressofyourproject. Sincerely, G~~et~7 ~~~~~~~ Robert G. Baer General Manager RGB:gb cc: Sare Weidman Fallen Leaf Lake File March 14, 1991 James B. Hill, President Fallen Leaf Lake Associates Subject Dt~ ~ U ~E ~.rr'r~- f r,i` A r 1%r~~ Ir~ (` +~~ n , 1 fR~,,~ n Fallen Leaf Lake Tourist Accommodation Sewer Service The District received a copy of your letter to TRPA concerningtheassociatesneedforsewerservice. In your letter you asked the District to comment on two issues concerning sewer needs for the project. Capacity of Main Export System The modifications to the Fallen Leaf Lake Sewage Collection System was completed in the Fall of 1990. As part of the project flow meters for the system were purchased. The flow meters are to be installed in the Spring of 1991. Flows will be monitored during the summer of 1991. Until the monitoring is complete, we will not know the actual sewage flows. Expanded Needs In January, 1991, the District completed expansion of the wastewater treatment plant. The plant expansion provided 750 sewer units for commercial uses and 250 units for public use facilities. The District is capable and willing to provide sewer service for the slightly expanded facilities in the CSD portionoftheproperty. To make an accurate count of the sewer units required for the project in accordance with the letter of John C. Weidman and myself dated April 19, 1990, we will need additional information on the coffee shop, such as the number of seats and the fixtures to be installed in the kitchen. These sewer units appear to be commercial, including the two public restrooms, which althoughdesignatedforpublicuse, are commercial for sewer unit purposes, because they appear to be private public use, not public agency use. If you or TRPA needs additional information on the District facilities, please contact me. Thank you for keeping the District informed about the progress of your project. Sincerely, Robert G. Baer General Manager RGB:gb cc: Sare Weidman Fallen Leaf Lake File March 12, 1991 James B. Hill, President Fallen Leaf Lake Associates w~ V ~f ~~ DRAFT ~,~~ ~ ~~' P ~ ~' ~ Nu ~,~~~ ~~' i p-FTDt~ Suject: Fallen Leaf Lake Tourist Accomodation Sewer Service The District recieved a copy of your letter to TRPA concerning the associates need for,;s~wer service. In your letter you asked the District to comment~~wo issued concerning sewer needs for the project. i Capacity of Main Export System The modifications to the Falien Leaf Lake Sewage collection System was completed in the fall bf 1990. As part of the project flow meters for the system were purchased. The flow meters are to be installed in the spring of 1991. Flows will be monitored during the summer of 1991. Until the monitoring is complete we will not know the actual sewage Mows. Expanded Needs In January, 1991,; the District completed expansion Of the wastewater treatment plant. The plant expansion provided 750 sewer units for;~commercial uses and 250 units for public use facilities. Th District is capable and willing to provide sewer service for th slightly expanded facilites in the CSD portion of the property. ~ To make an accurate count of the sewer units required for the project, we will need additional information on the coffee shop such as the number seats and the fixtures to bye install ~}~ the kitchen. ~ a~ ~,-,,~ vu~c ~-'~ ~ -- c.-z"u-~iu~ x~.. c~(' .; ~~ L?{;1~L~.~~ -~X~-t' - ~t~r~ ~c.tS~i~ic /L2,t-C-`zv~'7,~,t,~',t-LC~ c~g~t~Y~~ - CL' 1 `' "+~ c~j ^, ~ ~ , n,4" Z.4i.~- ' ` ` ~~rL?~ If you or TRPA needs additional information on the District ~~ ~~ facilities, please contact me. Thank you for keeping the District c~:vvN+~r~~ informed about the progress of your project. 'i;z,.,,Y.:.e~ Sincerly,eC~?s° L~LV J u<~,;; c ~ [ .c~~-~~ Y FALLEN LEAF LAKE ASSOCIATES 525 University Avenue, #620 Palo Alto, California 94301 February 15, 1991 RECEIVED FE8 2 2 19~~ 1 TAHOE REGIONAL PLANNING AGENCYRickAngelocci Senior Planner T.R.P.A. P. O. Box 1038 Zephyr Cove, Nevada 89448 Re: Fallen Leaf Lake Tourist Accommodation Sewer Service Dear Rick: Will Harrison tells me that you require proof that S.T.P.U.D. is prepared to provide sewer service for our project. The enclosed letter dated April 19, 1990, signed by John C. Weidman and Robert G. Baer may satisfy this requirement. By copy of this letter we are advising S.T.P.U.D. of our current need for sewer capacity in anticipation of our receiving T.R.P.A. approval for the following improvements: 1) 37 cabins to contain no more than two bathrooms each. 2) 4 "lodge units" to contain no more than two bathrooms each. 3) A manager's unit to contain one bathroom. 4) A remodeled caretaker's apartment above the existing store to contain one bathroom. 5) Two minimal public restrooms to be located in the proposed Community Building. 6) A "coffee shop" to be located in the Community Building. Note that items (4), (5) and (6) constitute the maximum ultimate improvements which are contemplated within the "CSD" portion of the property (Parcel 43 on the enclosed Tentative Map). Rick Angelocci -2- February 15, 1991 In reviewing the Weidman/Baer letter of last April, it strikes me that the improvements listed above are not entirely consistent with our earlier program. With that in mind, I would ask that the District confirm its willingness and ability to meet our slightly expanded needs. We are, of course, prepared to pay the capacity charge of $2,000.00 per sewer unit for all required units in excess of the 114 which we currently hold. In addition, we would like to ask the District for its current position vis-a- vis the capacity of the main export system based on meter readings and recent experience with the system. Rick, I would very much appreciate it if you will contact me directly at (415)326-4626 should you have any concerns or suggestions concerning the approach we are taking to satisfy T.R.P.A. that adequate sewer service will be made available to our proposed tourist accommodation. Yours very truly, me`s B . Hi 11 President JBH/es encl. P.S. Will Harrison requested that we send the enclosed $600.00 Filing Fee to your attention. JBH cc-Will Harrison John C. Weidman Robert G. Baer Ernie Jones 7 JOHN C. WEIDMAN ATTORNEY AT lAW April 19, 1990 Mr. James B. Hill President Fallen Leaf Lake Associates 525 University Avenue, Suite 620 Palo Alto, CA 94301 325 MAIN STREET PLACERVIIIE, CAIIFpRNIA 95667 TELEPHONE 622.5260 Re: Sewer Service for Fallen Leaf Lake Associates Dear Jim: This will acknowledge your letter dated April 13, 1990 regarding sewer capacity for Fallen Leaf Lake Associates (FLEA). As I understand it, FLEA has a permit from TRPA with an Exhibit Site Plot attached thereto showing 37 cabins, one recrea- tion facility, and a 4 unit lodge. FLEA currently has ice charges on these units. Fallen Leaf Lake reserve of the 1981 Final EIS of the Ens cluded in the District's 0.2 venience purposes, billed on 114 sewer units and is paying serv- These sewer units are part of the 60,000 gallons per day set forth in ironmental Protection Agency and in- MGD Expansion EIR/EIS, but for Ion- a sewer unit basis. This is the equivalent of 38 single family residences. The connections for these are available for the 37 cabins and one recreation facility which you indicated would require a single family equivalent sewer service. You further advised that a 4 unit lodge is shown on the Exhibit Site Plot with a mini restroom located by the marina. You have estimated 12 sewer units for the lodge and 3 sewer units for the restroom, which units you do not have. he District contemplates metering the sewage flow from Fallen Leaf Lake in the near future. If the flow is under 60,000 gallons, including the estimated connection of 37 cabins and one recreation facility, the District would have capacity from the reserve for 15 sewer units for the lodge and restroom. SOUTH TAHOE PUBLIC UTILITY DISTRICT Sewer . 1950. Water A PUBLIC AGENCY P.O. Box 70542. South Lake Tahoe, California 95705 Phone (916) 544-6474 1275 Meadow Crest Drive May 9, 1989 CHAIRMAN RORERTMASON DIRECTORS WALTER "NEAL" OLSON JAMES R. JONES NOEL B WALKER NAT SINGL.AIR Ms. Patricia Swift, President Fallen Leaf Lake Associates 45 South Hampton Ave. Berkeley, CA 94707 Subject: Semi-Annual payment on Connection Charges, Cost. Overruns and Rights of Way for Fallen Leaf Lake Sewer Project. INVOICE Please consider this a bill due and payable by June 30, 1989 for the first installment due on our Contract dated 12-1-88. Connection Fee 66,120.00 Cost Overrun 10,163.88 Sub Total $76,283.88 Less Rights-of-Way Credit 35,000.00 Net Amount Due $41,283.88 Payments: First Installment June 30, 1989 $ 5,160.49 Balance $36,123.39 Sin erely, C-~~~~ ~2i Kathryn A. Ta for Accountant KAT/ps J v ~" a/as'~ Q~ February 18, 1991 TO: Bob Baer FROM: John C. Weidman RE: Fallen Leaf Lake Associates This last week while you were out on the Luther Pass spill problem with Lahontan, I received a call from Jim Hill, President of the Fallen Leaf Lake Associates. Mr. Hill had attempted to contact you and since you were out he called me. His problem was sewer units for 37 building units. These do not involve the store, lodge, restrooms, etc. Apparently there has been approval by TRPA for the As- sociates to go forward and construct the 37 units this season. Mr. Hill was concerned about the sewer availability and what would be necessary for TRPA in the permit process. (He did not mention the County requirements). I reviewed my letter of April, 1990 regarding the status of sewer connections for the Associates. The Associates have been paying their service charges for availability of service on 114 sewer units that Were formerly used by Fallen Leaf Lake Lodge and Resort property. The new 37 building units will require 111 of these 114 sewer units. 1 The Fallen Leaf Lake Associates are entitled to 114 sewer units within the 60,000 gallons per day reserved for Fallen Leaf Lake. These are outside the sewer units for single family al- locations during the years 1989, 1990 and 1991 and the commercial and public units for 1991 through 1996. The service charges for these 114 units are billed on a unit basis rather than gallonage for the convenience of the District and the owner. I so advised Mr. Hill and my letter so states. It was left that he will take the April 1990 letter to TRPA and explain that he has sewer. If he needs anything further, he will be contacting you regarding availability. It is my opinion that the District needs to do nothing further than the letter to show that sewer capacity is available. It is also available for a building utilizing three more sewer units that are outside the allocations for single family or commercial as are the 37 building units which Mr. Hill referred to in our conversation. Beyond that, new connections are going to be required. These will have to come from our commercial sewer units from the expansion. However, we cannot issue Fallen Leaf Associates any sewer units beyond the 114 they now have if the 60,000 gallons per day reserve would be exceeded unless they make modifications to the system which will accomodate more than 60,000 gallons per day. My letter with your approval which we wrote jointly throughly explains this matter. 2 5 5~utharr,pi.on Aa~e. Derkeiep, Ca. "~~?iJ~ December i ~i, 198c~ P1r.James R. Cafer r~iana~aerr{Engi Weer South Tahae Public Utility District P.O. Bar 7D5~~ 3auth Lake Tahae, Ca. ~57D5 Dear Jim, Enclased is ane signature cagy of the Agreerr,ent Get~een STPt1D and Fallen Leaf Lake Associates far surer service, and Attachment ~. tlany thanks far Maur patience and persistence, and far retyping the final agreement.sr,'e are pleased to have this agreement in piece- i ur,derstar,d from out resident manager, Eric Thaden, that STPUD engineersvisitedthese~,rer pump stollen an our property recently. ~e leak far~,rard to your correction of the odor problem there that has been such a nuisance. Thank you far gour assistance. aurs truly, 4 ~ Trivia Svrift, President Fallen Leaf Lake Associates, A California Lir~r,ited Partnership ao 4r;~r° VS Tx a v%. 1~ ,iil.ltti5rriptun ~'~r~;t}f{r Gsecerrit7er 1 ~. t ~~>3Lr hub c. tp~+ier ilai"t8!~ef" ui• i-.U:=~~Qrrier i ~i~ii0ti=. Suuili T~hue F~ublic. Utiiiti Git_.iric.t F. G. 6~~:, 1 ~'. ~, a ! - ,mac-~;•~JUiI l1I LL7 r., t'. Tt~h Li h! ~ I~ij, ~`~ (~,,E _+ Cie~jr i .r. Epp: ~ er, in re•=.p+~ri=,~ t0 uCiLir letter u'i %iBGetliber b, ples:~e Fetid .tateriient~, Tijr tt'ie jiiiiii,ji c~ci ,7iE.e cf'i8i"i~ec, iLir +_he r~]ii~t~ ~8i7j Li7r..C ri~~SQCia~~S prUpert+~ tii. tie Li~d!~e •9t Fallen Lesi i.ake F ~ ~. ~+G`r; nC;~` 1i 1i_f t ft L~~E..r I i]IiU~, L-i7. ~J r IULIf+~ i~Vl~ tie~U tii LUtltai_ t `~fii(ICGtIe abUlat '~Fr`vice ill tf'Ie prct~+ertla, plea cell first Eric Tf"ia+~Yn, resident rr,atis!~er url the pr+~perty, st X41-~w~?ivi. ihiiiJii~ i~Qi_j iJe urlajU~r +-~+ t Cijc~i Ct ti_ i Ui atlla reasc+tl, +_rl8ri +~a11 riir ~j+_ t iiY rr~iur+__. +_i+ i"rie ~}i~ji_ a ueir/a~j+.iuti ir~irfi ~i ru~i recentli~ ,~lsltru tfle se„~er pi~rrtp :;tatiuri c+ri ut~r pr-oper-til, vtliicti has been file sui~rce ui nG;1Qla=, iji~+_irs un ~~ reyiil=jt- basis ~.itiCe the se~l~rer :_,-~~,terrt t+eq~ti riper~~iin!~. I ha`~re li~j+~ cciti'~'ersation_, 'rritli _tirri Lciter abi~ut this probierri, an+~ ~~~rant to ijrs,^t tjQiit attetiti+ati to 1t 51sv, iri~~rr'tuClt as f.~UU ~jt e tote t'iatia~aet Oi Ciac~tL+ttlet Reiatic+ri~_~ Fai ier, Leaf L,~i-.:e ~,~sociste~, i~ 's'erf caticertieu st+~~ut the ci+~cir_, rum the piJrt,~+ station. i lie~~ fian~ ub'er the public. access area ±•i the prc+pert~a and, +~ependirt-~ ..n the direction of the ~rir,d, 'r~rait u'tier our gues faciii tier. cur ~uest~_.r'reritars a~~ wei i ss users ui the public acres-, area fia°,~e complained to us that the odors irrtpair their sbilitu to ertj0u the LaE.:e, art+~ ~~~e are tfierefr_ire concerned aGout ad`~rerse impact on our rental busine:~:_.. .r. additic-n, of course, we are cc~ricerned st+c+ut health issuer. ',~'e will appreciate your contiriuiri!~ interest and yuur as..istsnce in resal`~`inq this prublerri. ciurs truly, t C.A~o~. ~~,~2 ~"~ i riC..ia S•YY~1t, President Fallen Lesf Lske Assacistes, A California Limited Partnership cc: Jini Ccfer SOUTH TAHOE PUBLIC UTILITY DISTRICT Sewer .1950. Water A PUBLIC AGENCY P.O. Box 70542 South Lake Tahoe, California 95705 . Phone (916) 544-6474 1275 Meadow Crest Drive December 2, 1988 Ms. Tricia Swift, President Fallen Leaf Lake Associates 45 Southampton Avenue Berkeley, CA 94707 Subject: Agreement for Sewer Service Dear Ms. Swift: CHAIRMAN ROBERT MASON DIRECTORS WALTER"NEAL"OLSON JAMES R. JONES NOEL B WALKER NAT SINCLAIR The District's Board of Directors approved the Agreement for sewer service between the Fallen Leaf Lake Associates and the District at its December 1, 1988 meeting. Enclosed are two original signature copies of the Agreement. Please sign both, retain one for your file and return the other to me. Please note I have not included Attachment B. I would appreciate a copy attached to the Agreement you return to me. Sincerely, ames R. Cofer Manager/Engineer Enclosures cc: K. Rollston AGREEMENT BETWEEN FALLEN LEAF LAKE ASSOCIATES AND SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING CONNECTION CHARGES COST OVERRUN RIGHTS-OF-WAY FALLEN LEAF LAKE SEWER PROJECT THIS AGREEMENT, effective as of December 1, 1988,is made by and between the SOUTH TAHOE PUBLIC UTILITY DISTRICT hereinafter referred to as "DISTRICT") and FALLEN LEAF LAKE ASSOCIATES,A CALIFORNIA LIMITED PARTNERSHIP (hereinafter referred to as "ASSOCIATES"with reference to the following facts: RECITALS I. CONNECTION FEES A. On March 25, 1977 DISTRICT and FALLEN LEAF LAKE LODGE entered into a Memorandum of Understanding (referred to herein as the "MOU") concerning the design, construction, operation and maintenance of sewage facilities for the Fallen Leaf Lake basin, County of E1 Dorado, State of California. Lodge owned certain property in that basin, consisting of approximately 77 acres commonly know as the Fallen Leaf Lodge property (hereinafter called the "PROPERTY"), and on March 3, 1980 entered into an Option Agreement for the sale of the Property to ASSOCIATES. B. ASSOCIATION has acquired the ownership of the PROPERTY as of May, 1985. 1- C. The construction of the sewage facilities contemplated by the MOU is now completed and DISTRICT anticipates that ASSOCIATES will start connecting to the sewer system during or after 1988. D. DISTRICT contends that Section 8.8 of the District Sewer and Street Lighting Ordinance presently provides that a connection charge shall be paid upon connection to the sewer system in the sum of $1,330.00 per sewer unit. E. ASSOCIATES dispute the applicability of the connection charge described in the preceding recital hereof to the Property for the reasons, among others, that: 1) Prior to the execution of the MOU, Fallen Leaf Lake Lodge was advised by the DISTRICT that the connection charge applicable to the Property would be 80.00 per sewer unit; 2) Lands owned by the United States (Department of Agriculture) which will discharge into the Fallen Leaf Lake Sewage System are to pay no connection charges; 3) Section 10.9 of the District's Sewer and Street Lighting Ordinance provides that the connection fees shall be at the rate applicable on the date when construction of improvements upon property was completed rather than the connection fee rate applicable upon discovery of discharge and the majority 2- of improvements at Fallen Leaf Lake were completed prior to any increase in connection fees; 4) Because of the design of the Fallen Leaf Lake Sewage System, Fallen Leaf Lake dischargers should not burden District facilities in the same proportion as new construction connections; 5) The majority of Fallen Leaf Lake dischargers do not result from new construction; and 6) But for delays in the design, engineering and construction of the Fallen Leaf Lake Sewage System, connections to the system would have occurred in 1979 at a time when the prevailing charge was $580.00 per sewer unit. F. The parties desire to compromise the dispute that exists between them regarding appropriate connection fees on the terms and conditions herein set forth. The parties have agreed upon the sum of $580.00 per sewer unit as a fair and equitable compromise of the respective positions of the parties since the amount was the prevailing charge when it was contemplated by the parties that the Fallen Leaf Lake Sewage System would have been placed into operation and connection fees would have been due and payable. 3- G. An on site inspection by DISTRICT of the property has identified ~ one hundred fourteen (114) sewer units to be connected to the DISTRICT'S facilities. The connection charge for the Property computed for 114 sewer units at $580.00 per unit is $66,120.00. H. DISTRICT will not require any or all sewer units to be connected by ASSOCIATES in 1988 unless it is so directed by local, regional, state or Federal agencies or DISTRICT must order connection to comply with any said agency requirements. I. ASSOCIATES, in connection with its plan for development, may need to transfer a portion of the sewer units within the property and any such transfers are permissible subject to payment of the connection charges required hereby. Any proposed transfers of sewer units to a receiving parcel or parcels outside the property shall be subject to the then applicable DISTRICT ordinances regarding sewer unit transfers. The property is described in Attachment B. II. COST OVERRUNS The final project cost overrun of $106,164.02 was allocated among the Fallen Leaf Lake properties in proportion to the original assessment spread for Assessment District 1971-1. The share of the cost overrun allocated to the PROPERTY was 10,163.88. 4- III. ACQUISITION OF RIGHTS-OF WAY District is acquiring rights-of-way on and across the Property from ASSOCIATES for operation and maintenance of the Fallen Leaf Lake Sewer Project Central Station. A description of the rights-of-way to be acquired is included in Attachment A. DISTRICT has heretofore paid Fallen Leaf Lake Lodge $13,393.23 as compensation for lost income due to construction of project. The parties agree that the value of the right-of-way is 35,000.00 and that $35,000.00 is due ASSOCIATES by DISTRICT. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. AMOUNT OF COST OVERRUN• ASSOCIATES shall pay DISTRICT the sum of Ten Thousand, One Hundred Sixty-three Dollars and eighty-eight cents ($10,163.88) for Cost Overruns as described in Section II. 2. AMOUNT OF CONNECTION FEES: ASSOCIATES shall pay DISTRICT, for connection of 114 sewer units, the sum of Sixty-Six Thousand, One Hundred Twenty Dollars ($66,120.00). 3. SERVICE CHARGES: Annual service charges shall be payable to District by Associates at the times, in the amounts and pursuant to the procedures specified by the District's Sewer, Water and Street Lighting Ordinances, as those ordinances may be amended from time to time (the presently effective ordinance is Ordinance No. 372). 5- 4. PURCHASE OF RIGHTS-OF-WAY• DISTRICT shall pay ASSOCIATES the sum of Thirty-Five Thousand Dollars ($35,000.00) for the rights-of-way described in Attachment A and concurrently herewith ASSOCIATES shall execute the easement deed attached as Attachment A. 5. TIME OF PAYMENT: DISTRICT shall credit ASSOCIATES in the amount of Thirty-five Thousand Dollars ($35,000.00) upon execution of this AGREEMENT and transfer of title by ASSOCIATES to DISTRICT, through execution and delivery of an instrument in the form of Attachment A. 6. PAYMENTS: The net payment due DISTRICT by ASSOCIATION is computed as follows: Connection Fee $66,120.00 Cost Overrun 10,163.88 Sub Total $76,283.88 Less Rights-of Way Credit _($35,000.00) NET AMOUNT DUE $41,283.88 The net amount due by ASSOCIATES shall be paid in seven (7) annual amounts of Five Thousand, One Hundred Sixty Dollars and fourty Nine Cents ($5,160.49) each and a final payment of Five Thousand, One Hundred Sixty Dollars and fourty five Cents 5,160.45). The payment dates are as follows: 1st Payment - June 30, 1989 - $5,160.49 2nd Payment - Dec. 31, 1989 - $5,160.49 3rd Payment - June 30, 1990 - $5,160.49 4th Payment - Dec. 31, 1990 - $5,160.49 5th Payment - June 30, 1991 - $5,160.49 6- 6th Payment Dec.31,1991 5,160.49 7th Payment -June 30,1992 5,160.49 8th Payment -Dec.31,1992 5,160.45 PAYMENTS TOTAL $41,283.88 7. CONNECTION TIME PERIOD: Subject to the provisions of Section I-H, ASSOCIATES may connect at any time, but the connection charges are due and payable in accordance with Paragraph 5 of this Agreement regardless of the actual date of connection. 8. ASSIGNMENT: The rights of the parties under this Agreement shall inure to any successors in interest to the parties. 9. TRANSFER OF SEWER UNITS• ASSOCIATES may transfer sewer units from place to place within the property subject to the duty to pay DISTRICT for its actual costs incurred in connection with any such transfer. Included within such permissible transfers shall be the transfer of sewer units to that area described in that certain Offer of Dedication recorded March 3, 1988, at Book 2907, Page 4 Official Records of El Dorado County Recorder. Any proposed transfer of sewer units to a receiving parcel or parcels outside the property shall be subject to the then applicable DISTRICT ordinances regarding sewer unit transfers. 7- Dated the day and year first above written. SOUTH TAHOE FALLEN LEAF LAKE ASSOCIATES ar: ~~ ATTEST: APPRO-VE~D~ AS TO FORM C~.,...`.~-~4 C ATTORNEY FOR DISTRICT ATTORNEY FOR ASSOCIATES 8- EASEMENT DESCRIPTION Q ~"ATTACHMENT A All that real property situate in and being a portion of Section14, Township 12 North, Range 17 East, M. D. ?~., County of E1-Dorado, State of California, described as follows. Beginning at the Northwest corner~of the herein described parcelwhichbearsSouth53° 58' 27" East 2,101.4 feet from the South-east corner of the Northwest one-quarter of the Southwest one-quarter of said Section 14; thence from the POINT OF BEGINNINGSouth81° 00' 02" East 18.00 feet; thence South 08° 59' S8"West 20.00 feet; thence South 81° 00' 02" East 32.00 feet;thence South 08° 59' 58" i9est 40.00 feet; thence North 81° 00' 02"West 50.00 feet; thence North 08° 59' 58" East 60.00 feet tothePOINTOFBEGINNING. Containing 2,360 square feet Note: Refer this description to yourtitlecompanybeforeincorporatingintoanylegaldocument: Prepared by: Jones and Turner, Inc, Engineering Surveying planningP.O. Box 5067 Stateline, Nevada 89449 APN 21-410-11 Fallen Leaf Lake N J' O lli cn Q. S Sauthaniptan ,4venue Berkeley, Ca. 94747 I`Javember 18, 1988 ~` ~ ~~ ~` ° ~,~~" ~" Mr. James R. Cofer ManagerlEngineer SOUtI"i T oboe Public Ut111ty District P.O. Bux 74542 mouth Lake Tahoe, Ca. 98745 Dear Jim, rv~ ""~°~ L~ i'S ~ .~ 1 Thanks very much fur your letter of November 15 regarding correcting theudurprouieiiiattheseYrerpumpstationotiourproperty. vir ier+ .took the enclosed contract farms to our counsel today fGr notarization and his signature, he suggested that because of the numerous typo corrections it would be wise to obtain a clean copy. Since the document is on your ward processing equipment, would you do this? Uponreceiptofcleancopiesfrom ,you, i will sign, and have our counsel sign,and send them back to you by return mail, assuming i receive them on orbeforeNovember29, after which i will be out of town for 6 days. Thanks very much. I think we are close to completion of this transaction,at brig ia5t! Yours truly ~~~ Tricia Swift, President Fallen Leaf Lake ,associates, ~ California Limited Partnership AGREEMENT BETWEEN FALLEN LEAF LAKE AS SOCIAT~~AlF AND SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING CONNECTION CHARGES COST OVERRUN RIGHTS-OF-WAY FALLEN LEAF LAKE SEWER PROJECT THIS AGREEMENT, effective as of *T^~=^- ' - ~ ^, 1988, is made by and between the SOUTH TAHOE PUBLIC UTILITY DISTRICT hereinafter referred to as "DISTRICT") and FALLEN LEAF LAKE ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter referred to as "ASSOCIAT~IQ") l Swithreferencetothefollowing facts: RECITALS I. CONNECTION FEES A. On March 25, 1977 DISTRICT and FALLEN LEAF LAKE LODGE entered into a Memorandum of Understanding (referred to herein as the "MOU") concerning the design, construction, operation and maintenance of sewage facilities for the Fallen Leaf Lake basin, County of E1 Dorado, State of California. Lodge owned certain property in that basin, consisting of approximately 77 acres commonly know as the Fallen Leaf Lodge property (hereinafter called the "PROPERTY") 7~'(~~'3~~4.~0and ~t entered ~~i~~nto an Option Agreement for the sale of the Property to AS SOCIAT..~O~- B. ASSOCIAT&~~'N acquired the ownership of the PROPERTY as of ~Q ~ 5 1- C. The construction of the sewage facilities contemplated by the MOU is now completed and DISTRICT anticipates that ASSOCIAT will start connecting to the sewer system during or after 1988. D. DISTRICT contends that Section 8.8 of the District Sewer and Street Lighting Ordinance presently provides that a connection charge shall be paid upon connection to the sewer system in the sum of $1,330.00 per sewer unit. E. ASSOCIAT~N dispute the applicability of the connection charge described in the preceding recital hereof to the Property for the reasons, among others, that: 1) Prior to the execution of the MOU, Fallen Leaf Lake Lodge was advised by the DISTRICT that the connection charge applicable to the Property would be 80.00 per sewer unit; 2), Lands owned by the United States 4 A ricul ureg ~ which will discharge into the Fallen Leaf Lake Sewage System are to pay no connection charges; 3) Section 10.9 of the District's Sewer and Street Lighting Ordinance provides that the connection fees shall be at the rate applicable on the date when construction of improvements upon property was completed rather than the connection fee rate applicable upon discovery of discharge and the majority 2- of improvements at Fallen Leaf Lake were completed prior to any increase in connection fees; 4) Because of the design of the Fallen Leaf Lake Sewage System, Fallen Leaf Lake dischargers should not burden District facilities in the same proportion as new construction connections; 5) The majority of Fallen Leaf Lake dischargers do not result from new construction; and 6) But for delays in the design, engineering and construction of the Fallen Leaf Lake Sewage System, connections to the system would have occurred in 1979 at a time when the prevailing charge was $580.00 per sewer unit. F. The parties desire to compromise the dispute that exists between them regarding appropriate connection fees on the terms and conditions herein set forth. The parties have agreed upon the sum of $580.00 per sewer unit as a fair and equitable compromise of the respective positions of the parties since the amount was the prevailing charge when it was contemplated by the parties that the Fallen Leaf Lake Sewage System would have been placed into operation and connection fees would have been due and payable. 3- G. An on site inspection by DISTRICT of the property has identified one hundred fourteen (114) sewer units to be connected to the DISTRICT'S facilities. The connection charge for the Property computed for 114 sewer units at $580.00 per unit is $66,120.00. H. DISTRICT will not require any or all sewer units to be connected by ASSOCIATE in 1988 unless it is so directed by local, regional, state or Federal agencies or DISTRICT must order connection to comply with any said agency requirements. I. AS SOCIAT~, in connection with its plan for development, may need to transfer a portion of the sewer units within the property and any such transfers are permissible subject to payment of the connection charges required hereby. Any proposed transfers of sewer units to a receiving parcel or parcels outside the property shall be subject to the then applicable DISTRICT ordinances regarding sewer unit transfers. The property is described in Attachment B. II. COST OVERRUNS The final project cost overrun of $106,164.02 was allocated among the Fallen Leaf Lake properties in proportion to the original assessment spread for Assessment District 1971-1. The share of the cost overrun allocated to the PROPERTY was 10,163.88. 4- III. ACQUISITION OF RIGHTS-OF-WAY District is acquiring rights-of-way on and across the Property from ASSOCIAT for operation and maintenance of the Fallen ~ Leaf Lake Sewer Project Central Station. A description of the rights-of-way to be acquired is included in Attachment A. DISTRICT has heretofore paid Fallen Leaf Lake Lodge $13,393.23 as compensation for lost income due to construction of project. The parties agree that the value of the right-of-way is 35,000.00 and that $35,000.00 is due AS SOCIAT~~N by DISTRICT. TS NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. AMOUNT OF COST OVERRUN: ASSOCIAT shall pay DISTRICT the sum of Ten Thousand, One Hundred Sixty-three Dollars and eighty-eight cents ($10,163.88) for Cost Overruns as described in Section II. 2. AMOUNT OF CONNECTION FEES: ASSOCIATE shall pay DISTRICT, for connection of 114 sewer units, the sum of Sixty-Six Thousand, One Hundred Twenty Dollars 6,120.00). 3. SERVICE CHARGES: Annual service charges shall be payable to District by Associates at the times, in the amounts ~ S and pursuant to the procedures specified by the District's Sewer, Water and Street Lighting Ordinances, as those ordinances may be amended from time to time (the presently effective ordinance is Ordinance No. 372) . 5- 4. PURCHASE OF RIGHTS-OF-WAY: DISTRICT shall pay SASSOCIAT€1 the sum of Thirty-Five Thousand Dollars ($35,000.00) for the rights-of-way described in Attachment A and concurrently herewith ASSOCIAT shall execute the easement deed as h Attachment A. S5. TIME OF PAYMENT: DISTRICT shall credit ASSOCIATE in the amount of Thirty-five Thousand Dollars ($35,000.00) up o n SexecutionofthisAGREEMENTandtransferoftitlebyASSOCIAT is to DISTRICT, through execution and delivery of an instrument in the form of Attachm ~t A. 6. PAYMENTS: The net payment due DISTRICT by ASSOCIAT~~iS is computed as follows: Connection Fee $66,120.00 Cost Overrun 10,163.88 Sub Total $76,283.88 Less Rights-of Way Credit ($35,000.00) NET AMOUNT DUE $41,283.88 The net amount due by ASSOCIAT'~S°-1 shall be paid in seven (7) annual amounts of Five Thousand, One Hundred Sixty Dollars and fourty Nine Cents ($5,160.49) each and a final payment of Five Thousand, One Hundred Sixty Dollars and fourty five Cents 5,160.45). The pad ent dates are as follows:S 1st Payment - June 30, 1989 - $5,160.49 2nd Payment - Dec. 31, - $5,160.49 3rd Payment - June 30, 1990 - $5,160.49 4th Payment - Dec. 31, 1990 - $5,160.49 5th Payment - June 30, 1991 - $5,160.49 6- 6th Payment Dec.31,1991 5,160.49 7th Payment June 30,1992 5,160.49 8th Payment Dec.31,1992 5,160.45 PAYMENTS TOTAL $41,283.88 7. CONNECTION TIME PERIOD: Subject to the provisions of Section I-H, ASSOCIA may connect at any time, but the ~ connection charges are due and payable in accordance with Paragraph 5 of this Agreement regardless of the actual date of connection. 8. ASSIGNMENT: The rights of the parties under this Agreement shall inure to any successors in interest to the parties. 9. TRANSFER OF SEWER UNITS: ASSOCIATE may transfer sewer ~ units from place to place within the property subject to the duty to pay DISTRICT for its actual costs incurred in connection with any such transfer. Included within such permissible transfers shall be the transfer of sewer units to that area described in that certain Offer of Dedication recorded ~~~ ~ , , 1988, at Book 2907, Page 4 Official Records of E1 Dorado County Recorder. Any proposed transfer of sewer units to a receiving parcel or parcels outside the property shall be subject to the then applicable DISTRICT ordinances regarding sewer unit transfers. 7- Dated the day and year first above written. BY: ATTEST: SOUTH TAHOE FALLEN LEAF LAKE ASSOCIATE J APPROVED AS TO FORM: ATTORNEY FOR DISTRICT ATTORNEY FOR ASSOCIATI$!d "~ 8- T-ter sr~-ti ~ i~ SOUTH TAHOE PUBLIC UTILITY DISTRICT Sewer .1950. Water A PUBLIC AGENCY P.O. Box 70542 South Lake Tahoe, California 95705 Phone (916) 544-6474 1275 Meadow Crest Drive October 27, 1988 Ms. Tricia Swift, President Fallen Leaf Lake Associates 45 Southampton Avenue Berkeley, CA 94707 Re: SEWER SERVICE AGREEMENT Dear Ms. Swift: CHAIRMAN ROBERT MASON DIRECTORS WALTER "NEAL" OLSON JAMES R. JONES NOEL B WALKER NAT SINCLAIR Enclosed are two original signature copies of a revised agreement between the District and the Fallen Leaf LakeAssociates. We have made the following changes: 1)Page 1, Par.l Date changed to Nov. 17, 1988 2)Page 4 New Par. "I" providing for transfer of sewer units 3)Page 4, II. Cost Overruns Corrected amount to $10,163.88 to reflect payment by Bill Craven 4)Page 5, 1. Amount of Cost Overrun Corrected $ amount. 5)Page 6, 4.Added at end of Paragraph 4 execution of easement by ASSOCIATION. 6)Pages 6 & 7 Corrected Payment and schedule. 7)Page 7, 9.New Section Re. Transfer of sewer units. If you agree with the language please complete the following:1) Insert date Association acquired property on Page 1,Par. 1 B. 2) Attach property description as Attachment B. Page 4, Par. I.) 3) Insert date of Dedication. (Page 7. Par 9) .4) Have document executed by Association. AGREEMENT BETWEEN FALLEN LEAF LAKE ASSOCIATION AND SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING CONNECTION CHARGES COST OVERRUN RIGHTS-OF-WAY FALLEN LEAF LAKE SEWER PROJECT THIS AGREEMENT, effective as of November 17, 1988, is made by and between the SOUTH TAHOE PUBLIC UTILITY DISTRICT hereinafter referred to as "DISTRICT") and FALLEN LEAF LAKE ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter referred to as "ASSOCIATION"), with reference to the following facts: RECITALS I. CONNECTION FEES A. On March 25, 1977 DISTRICT and FALLEN LEAF LAKE LODGE entered into a Memorandum of Understanding (referred to herein as the "MOU") concerning the design, construction, operation and maintenance of sewage facilities for the Fallen Leaf Lake basin, County of El Dorado, State of California. Lodge owned certain property in that basin, consisting of approximately 77 acres commonly know as the Fallen Leaf Lodge property (hereinafter called the "PROPERTY"), and had entered into an Option Agreement for the sale of the Property to ASSOCIATION. B. ASSOCIATION has acquired the ownership of the PROPERTY as of 1- C. The construction of the sewage facilities contemplated by the MOU is now completed and DISTRICT anticipates that ASSOCIATION will start connecting to the sewer system during or after 1988. D. DISTRICT contends that Section 8.8 of the District Sewer and Street Lighting Ordinance presently provides that a connection charge shall be paid upon connection to the sewer system in the sum of $1,330.00 per sewer unit. E. ASSOCIATION disputes the applicability of the connection charge described in the preceding recital hereof to the Property for the reasons, among others, that: 1) Prior to the execution of the MOU, Fallen Leaf Lake Lodge was advised by the DISTRICT that the connection charge applicable to the Property would be 80.00 per sewer unit; 2) Lands owned by the United States Agriculture-Forest Service which will discharge into the Fallen Leaf Lake Sewage System are to pay no connection charges; 3) Section 10.9 of the District's Sewer and Street Lighting Ordinance provides that the connection fees shall be at the rate applicable on the date when construction of improvements upon property was completed rather than the connection fee rate applicable upon discovery of discharge .and the majority 2- of improvements at Fallen Leaf Lake were completed prior to any increase in connection fees; 4) Because of the design of the Fallen Leaf Lake Sewage System, Fallen Leaf Lake dischargers should not burden District facilities in the same proportion as new construction connections; 5) The majority of Fallen Leaf Lake dischargers do not result from new construction; and 6) But for delays in the design, engineering and construction of the Fallen Leaf Lake Sewage System, connections to the system would have occurred in 1979 at a time when the prevailing charge was $580.00 per sewer unit. F. The parties desire to compromise the dispute that exists between them regarding appropriate connection fees on the terms and conditions herein set forth. The parties have agreed upon the sum of $580.00 per sewer unit as a fair and equitable compromise of the respective positions of the parties since the amount was the prevailing charge when it was contemplated by the parties that the Fallen Leaf Lake Sewage System would have been placed into operation and connection fees would have been due and payable. 3- G. An on site inspection by DISTRICT of the property has identified one hundred fourteen (114) sewer units to be connected to the DISTRICT'S facilities. The connection charge for the Property computed for 114 sewer units at $580.00 per unit is $66,120.00. H. DISTRICT will not require any or all sewer units to be connected by ASSOCIATION in 1988 unless it is so directed by local, regional, state or Federal agencies or DISTRICT must order connection to comply with any said agency requirements. I. ASSOCIATION, in connection with its plan for development, may need to transfer a portion of the sewer units within the property and any such transfers are permissible subject to payment of the connection charges required hereby. Any proposed transfers of sewer units to a receiving parcel or parcels outside the property shall be subject to the then applicable DISTRICT ordinances regarding sewer unit transfers. The property is described in Attachment B. II. COST OVERRUNS The final project cost overrun of $106,164.02 was allocated among the Fallen Leaf Lake properties in proportion to the original assessment spread for Assessment District 1971-1. The share of the cost overrun allocated to the PROPERTY was 10,163.88. 4- III. ACQUISITION OF RIGHTS-OF-WAY District is acquiring rights-of-way on and across the Property from ASSOCIATION for operation and maintenance of the Fallen Leaf Lake Sewer Project Central Station. A description of the rights-of-way to be acquired is included in Attachment A. DISTRICT has heretofore paid Fallen Leaf Lake Lodge $13,393.23 as compensation for lost income due to construction of project. The parties agree that the value of the right-of-way is 35,000.00 and that $35,000.00 is due ASSOCIATION by DISTRICT. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. AMOUNT OF COST OVERRUN: ASSOCIATION shall pay DISTRICT the sum of Ten Thousand, One Hundred Sixty-three Dollars and eighty-eight cents ($10,163.88) for Cost Overruns as described in Section II. 2. AMOUNT OF CONNECTION FEES• ASSOCIATION shall pay DISTRICT, for connection of 114 sewer units, the sum of Sixty-Six Thousand, One Hundred Twenty Dollars (66,120.00). 3. SERVICE CHARGES: Annual service charges shall be payable to District by Association at the times, in the amounts and pursuant to the procedures specified by the District's Sewer, Water and Street Lighting Ordinances, as those ordinances may be amended from time to time (the presently effective ordinance is Ordinance No. 372) . 5- 4. PURCHASE OF RIGHTS-OF-WAY: DISTRICT shall pay ASSOCIATION the sum of Thirty-Five Thousand Dollars ($35,000.00) for the rights-of-way described in Attachment A and concurrently herewith ASSOCIATION shall execute the easement deed annexed as Attachment A. 5. TIME OF PAYMENT: DISTRICT shall credit ASSOCIATION in the amount of Thirty-five Thousand Dollars ($35,000.00) upon execution of this AGREEMENT and transfer of title by ASSOCIATION to DISTRICT, through execution and delivery of an instrument in the form of Attachmet A. 6. PAYMENTS: The net payment due DISTRICT by ASSOCIATION is computed as follows: Connection Fee $66,120.00 Cost Overrun 10,163.88 Sub Total $76,283.88 Less Rights-of Way Credit ($35,000.00 NET AMOUNT DUE $41,283.88 The net amount due by ASSOCIATION shall be paid in seven (7) annual amounts of Five Thousand, One Hundred Sixty Dollars and fourty Nine Cents ($5,160.49) each and a final payment of Five Thousand, One Hundred Sixty Dollars and fourty five Cents 5,160.45). The payent dates are as follows: 1st Payment - June 30, 1989 - $5,160.49 2nd Payment - Dec. 31, 1988 - $5,160.49 3rd Payment - June 30, 1990 - $5,160.49 4th Payment - Dec. 31, 1990 - $5,160.49 5th Payment - June 30, 1991 - $5,160.49 6- 6th Payment -Dec.31,1991 5,160.49 7th Payment -June 30,1992 5,160.49 8th Payment -Dec.31,1992 5,160.45 PAYMENTS TOTAL $41,283.88 7. CONNECTION TIME PERIOD: Subject to the provisions of Section I-H, ASSOCIATION may connect at any time, but the connection charges are due and payable in accordance with Paragraph 5 of this Agreement regardless of the actual date of connection. 8. ASSIGNMENT: The rights of the parties under this Agreement shall inure to any successors in interest to the parties. 9. TRANSFER OF SEWER UNITS: ASSOCIATION may transfer sewer units from place to place within the property subject to the duty to pay DISTRICT for its actual costs incurred in connection with any such transfer. Included within such permissible transfers shall be the transfer of sewer units to that area described in that certain Offer of Dedication recorded , 1988, at Book 2907, Page 4 Official Records of E1 Dorado County Recorder. Any proposed transfer of sewer units to a receiving parcel or parcels outside the property shall be subject to the then applicable DISTRICT ordinances regarding sewer unit transfers. 7- Dated the day and year first above written. BY: ATTEST: SOUTH TAHOE FALLEN LEAF LAKE ASSOCIATION APPROVED AS TO FORM: ATTORNEY FOR DISTRICT ATTORNEY FOR ASSOCIATION 8- CHAIRMAN SOUTH TAHOE PUBLIC UTILITY DISTRICT ROBERT MASON Sewer . 1950. Water A PUBLIC AGENCY P.O. Box 70542 . South Lake Tahoe, California 95705 Phone (916) 544-6474 1275 Meadow Crest Drive July 21, 1988 Ms. Patricia Swift, President Fallen Leaf Lake Associati~,$ 45 Southampton Avenue Berkeley, CA -94707 Subject: Fallen Leaf Lake Sewer Connections Dear Ms. Swift: DIRECTORS WALTER"NEAL"OLSON JAMES R. JONES NOEL B WALKER NAT SINCLAIR Enclosed is a proposed agreement between the Fallen Leaf Lake Association and the South Tahoe Public Utility District re- garding connection charges, cost overrun and rights-of-way. Please fill-in the date in Paragraph B on Page 1. If you have any questions contact me at (916) 544-6474 or our attorney, Mr. Ken Rollston at (916) 544-1785. After your review, we will present the Agreement to the Dis- trict's Board of .Directors for approval. Sincerely, James R. Cofer Manager/Engine r cc: Ken Rollston AGREEMENT BETWEEN FALLEN LEAF LAKE ASSOCIATION AND SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING CONNECTION CHARGES COST OVERRUN RIGHTS-OF-WAY FALLEN LEAF LAKE SEWER PROJECT THIS AGREEMENT, effective as of July 21, 1988, is made by and between the SOUTH TAHOE PUBLIC UTILITY DISTRICT hereinafter referred to as "DISTRICT") and FALLEN LEAF LAKE ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter referred to as "ASSOCIATION"), with reference to the following facts: RECITALS I. CONNECTION FEES A. On March 25, 1977 DISTRICT and FALLEN LEAF LAKE LODGE entered into a Memorandum of Understanding (referred to herein as the "MOU") concerning the design, construction, operation and maintenance of sewage facilities for the Fallen Leaf Lake basin, County of E1 Dorado, State of California. Lodge owned certain property in that basin, consisting of approximately 77 acres commonly know as the Fallen Leaf Lodge property (hereinafter called the "PROPERTY"), and had entered into an Option Agreement for the sale of the Property to ASSOCIATION. B. ASSOCIATION has acquired the ownership of the PROPERTY as of C. The construction of the sewage facilities contemplated by the MOU is now completed and DISTRICT anticipates that ASSOCIATION will start connecting to the sewer system during or after 1988. D. DISTRICT contends that Section 8.8 of the District Sewer and Street Lighting Ordinance presently provides that a connection charge shall be paid upon connection to the sewer system in the sum of $1,330.00 per sewer unit. E. ASSOCIATION disputes the applicability of the connection charge described in the preceding recital hereof to the Property for the reasons, among others, that: 1) Prior to the execution of the MOU, Fallen Leaf Lake Lodge was advised by the DISTRICT that the connection charge applicable to the Property would be 80.00 per sewer unit; 2) Lands owned by the United States Agriculture-Forest Service which will discharge into the Fallen Leaf Lake Sewage System are to pay no connection charges; 3) Section 10.9 of the District's Sewer and Street Lighting Ordinance provides that the connection fees shall be at the rate applicable on the date when construction of improvements upon property was completed rather than the connection fee rate applicable upon discovery of discharge and the majority of improvements at Fallen Leaf Lake were completed prior to any increase in connection fees; 2- 4) Because of the design of the Fallen Leaf Lake Sewage System, Fallen Leaf Lake dischargers should not burden District facilities in the same proportion as new construction connections; 5) The majority of Fallen Leaf Lake dischargers do not result from new construction; and 6) But for delays in the design, engineering and construction of the Fallen Leaf Lake Sewage System, connections to the system would have occurred in 1979 at a time when the prevailing charge was $580.00 per sewer unit. F. The parties desire to compromise the dispute that exists between them regarding appropriate connection fees on the terms and conditions herein set forth. The parties have agreed upon the sum of $580.00 per sewer unit as a fair and equitable compromise of the respective positions of the parties since the amount was the prevailing charge when it was contemplated by the parties that the Fallen Leaf Lake Sewage System would have been placed into operation and connection fees would have been due and payable. G. An on site inspection by DISTRICT of the property has identified one hundred fourteen (114) sewer units to be connected to the DISTRICT'S facilities. The connection charge for the Property computed for 114 sewer units at $580.00 per unit is $66,120.00. 3- H. DISTRICT will not require any or all sewer units to be connected by ASSOCIATION in 1988 unless it is so directed by local, regional, state or Federal agencies or DISTRICT must order connection to comply with any said agency requirements. II. COST OVERRUNS The final project cost overrun of $106,164.02 was allocated among the Fallen Leaf Lake properties in proportion to the original assessment spread for Assessment District 1971-1. The share of the cost overrun allocated to the PROPERTY was 10,163.88. III. ACOUISITION OF RIGHTS-OF-WAY District is acquiring rights-of-way on and across the Property from ASSOCIATION for operation and maintenance of the Fallen Leaf Lake Sewer Project. Central Station. A description of the rights-of-way to be acquired is included in Attachment A. DISTRICT has heretofore paid Fallen Leaf Lake Lodge $13,393.23 as compensation for lost income due to construction of project. The parties agree that the value of the right-of-way is 35,000.00 and that $35,000.00 is due ASSOCIATION by DISTRICT. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. AMOUNT OF COST OVERRUN: ASSOCIATION shall pay DISTRICT the sum of Eleven Thousand, Five Hundred Thirty Dollars and ninety-four cents ($11,530.94) for Cost Overruns as described in Section II. 4- The net amount due by ASSOCIATION shall be paid in three (3) annual amounts of Fourteen Thousand, Two Hundred Sixteen Dollars and Ninety Eight Cents ($14,216.98) each. The payent dates are as follows: 1st Payment - February 1, 1989 - $14,216.98 2nd Payment - February 1, 1990 - $14,216.98 3rd Payment - February 1, 1991 - $14,216.98 PAYMENTS TOTAL $42,650.94 7. CONNECTION TIME PERIOD: Subject to the provisions of Section I-H, ASSOCIATION may connect at any time, but the connection charges are due and payable in accordance with Paragraph 5 of this Agreement regardless of the actual date of connection. 8. ASSIGNMENT: The rights of the parties under this Agreement shall inure to any successors in interest to the parties. Dated the day and year first above written. SOUTH TAHOE FALLEN LEAF LAKE ASSOCIATION PUBLIC UTILITY DISTRICT A CALIFORNIA LIMITED PARTNERSHIP BY: ATTEST: APPROVED AS TO FORM: ATTORNEY FOR DISTRICT ATTORNEY FOR ASSOCIATION 6- i aiJ ATTACHMENT A EASEMENT DESCRIPTION All that real property situate in and being a portion of Section14, Township 12 North, Range 17 East, M. D. M., County of El-Dorado, State of California, described as follows. Beginning at the Northwest corner of the herein described parcelwhichbearsSouth53° 58' 27" East 2,101.4 feet from the South-east corner of the Northwest one-quarter of the Southwest one-quarter of said Section 14; thence from the POINT OF BEGINNINGSouth81° 00' 02" East 18.00 feet; thence South 08° 59' 58"West 20.00 feet; thence South 81° 00' 02" East 32.00 feet;thence South 08° 59' 58" West 40.00 feet;. thence North 81° 00' 02"West 50.00 feet; thence North 08° 59' S8" East 60.00 feet tothePOINTOFBEGINNING. Containing 2,360 square feet. Note: Refer this description to yourtitlecompanybeforeincorporatingintoanylegaldocument:~ Prepared by: Jones and Turner, Inc. Engineering Surveying planning P.O. Box 5067 Stateline, Nevada 89449 APN 21-410-11 Fallen Leaf Lake N O M D_ t-- W n Y AGREEMENT BETWEEN FALLEN LEAF LAKE ASSOCIATES AND SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING CONNECTION CHARGES COST OVERRUN RIGHTS-OF-WAY FALLEN LEAF LAKE SEWER PROJECT THIS AGREEMENT, effective as of December 1, 1988, is made by and between the SOUTH TAHOE PUBLIC UTILITY DISTRICT hereinafter referred to as "DISTRICT") and FALLEN LEAF LAKE ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter referred to as "ASSOCIATES"), with reference to the following facts: RECITALS I. CONNECTION FEES A. On March 25, 1977 DISTRICT and FALLEN LEAF LAKE LODGE entered into. a Memorandum of Understanding (referred to herein as the "MOU") concerning the design, construction, operation and maintenance of sewage facilities for the Fallen Leaf Lake basin, County of E1 Dorado, State of California. Lodge owned certain property in that basin, consisting of approximately 77 acres commonly know as the Fallen Leaf Lodge property (hereinafter called the "PROPERTY"), and on March 3, 1980 entered into an Option Agreement for the sale of the Property to ASSOCIATES. B. ASSOCIAT acquired the ownership of the PROPERT~~ as of May, 1985. 1- C. The construction of the sewage facilities contemplated by the MOU is now completed and DISTRICT anticipates that ASSOCIATES will start connecting to the sewer system during or after 1988. D. DISTRICT contends that Section 8.8 of the District Sewer and Street Lighting Ordinance presently provides that a connection charge shall be paid upon connection to the sewer system in the sum of $1,330.00 per sewer unit. E. ASSOCIATES dispute the applicability of the connection charge described in the preceding recital hereof to the Property for the reasons, among others, that: 1) Prior to the execution of the MOU, Fallen Leaf Lake Lodge was advised by the DISTRICT that the connection charge applicable to the Property would be 80.00 per sewer unit; 2) Lands owned by the United States (Department of Agriculture) which will discharge into the Fallen Leaf Lake Sewage System are to pay no connection charges; 3) Section 10.9 of the District's Sewer and Street Lighting Ordinance provides that the connection fees shall be at the rate applicable on the date when construction of improvements upon property was completed rather than the connection fee rate applicable upon discovery of discharge and the majority 2- of improvements at Fallen Leaf Lake were completed prior to any increase in connection fees; 4) Because of the design of the Fallen Leaf Lake Sewage System, Fallen Leaf Lake dischargers should not burden District facilities in the same proportion as new construction connections; 5) The majority of Fallen Leaf Lake dischargers do not result from new construction; and 6) But for delays in the design, engineering and construction of the Fallen Leaf Lake Sewage System, connections to the system would have occurred in 1979 at a time when the prevailing charge was $580.00 per sewer unit. F. The parties desire to compromise the dispute that exists between them. regarding appropriate connection fees on the terms and conditions herein set forth. The parties have agreed upon the sum of $580.00 per sewer unit as a fair and equitable compromise of the respective positions of the parties since the amount was the prevailing charge when it was contemplated by the parties that the Fallen Leaf Lake Sewage System would have been placed into operation and connection fees would have been due and payable. 3- G. An on site inspection by DISTRICT of the property has identified one hundred fourteen (114) sewer units to be connected to the DISTRICT'S facilities. The connection charge for the Property computed for 114 sewer units at $580.00 per unit is $66,120.00. H. DISTRICT will not require any or all sewer units to be connected by ASSOCIATES in 1988 unless it is so directed by local, regional, state or Federal agencies or DISTRICT must order connection to comply with any said agency requirements. I. ASSOCIATES, in connection with its plan for development, may need to transfer a portion of the sewer units within the property and any such transfers are permissible subject to payment of the connection charges required hereby. Any proposed transfers of sewer units to a receiving parcel or parcels outside the property shall be subject to the then applicable DISTRICT ordinances regarding sewer unit transfers. The property is described in Attachment B. II. COST OVERRUNS The final project cost overrun of $106,164.02 was allocated among the Fallen Leaf Lake properties in proportion to the original assessment spread for Assessment District 1971-1. The share of the cost overrun allocated to the PROPERTY was 10,163.88. 4- III. ACQUISITION OF RIGHTS-OF-WAY District is acquiring rights-of-way on and across the Property from ASSOCIATES for operation and maintenance of the Fallen Leaf Lake Sewer Project Central Station. A description of the rights-of-way to be acquired is included in Attachment A. DISTRICT has heretofore paid Fallen Leaf Lake Lodge $13,393.23 as compensation for lost income due to construction of project. The parties agree that the value of the right-of-way is 35,000.00 and that $35,000.00 is due ASSOCIATES by DISTRICT. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. AMOUNT OF COST OVERRUN: ASSOCIATES shall pay DISTRICT the sum of Ten Thousand, One Hundred Sixty-three Dollars and eighty-eight cents ($10,163.88) for Cost Overruns as described in Section II. 2. AMOUNT OF CONNECTION FEES• ASSOCIATES shall pay DISTRICT, for connection of 114 sewer units, the sum of Sixty-Six Thousand, One Hundred Twenty Dollars ($66,120.00). 3. SERVICE CHARGES: Annual service charges shall be payable to District by Associates at the times, in the amounts and pursuant to the procedures specified by the District's Sewer, Water and Street Lighting Ordinances, as those ordinances may be amended from time to time (the presently effective ordinance is Ordinance No. 372). 5- 4. PURCHASE OF RIGHTS-OF-WAY: DISTRICT shall pay ASSOCIATES the sum of Thirty-Five Thousand Dollars ($35,000.00) for the rights-of-way described in Attachment A and concurrently herewith ASSOCIATES shall execute the easement deed attached as Attachment A. 5. TIME OF PAYMENT: DISTRICT shall credit ASSOCIATES in the amount of Thirty-five Thousand Dollars ($35,000.00) upon execution of this AGREEMENT and transfer of title by ASSOCIATES to DISTRICT, through execution and delivery of an instrument in the form of Attachment A. 6. PAYMENTS: The net payment due DISTRICT by ASSOCIATION is computed as follows: Connection Fee $66,120.00 Cost Overrun 10,163.88 Sub Total $76,283.88 Less Rights-of Way Credit _($35,000.00) NET AMOUNT DUE $41,283.88 The net amount due by ASSOCIATES shall be paid in seven (7) annual amounts of Five Thousand, One Hundred Sixty Dollars and fourty Nine Cents ($5,160.49) each and a final payment of Five Thousand, One Hundred Sixty Dollars and fourty five Cents 5,160.45). The payment dates are as follows: 1st Payment - June 30, 1989 - $5,160.49 2nd Payment - Dec. 31, 1989 - $5,160.49 3rd Payment - June 30, 1990 - $5,160.49 4th Payment - Dec. 31, 1990 - $5,160.49 5th Payment - June 30, 1991 - $5,160.49 6- 6th Payment -Dec.31,1991 5,160.49 7th Payment -June 30,1992 5,160.49 8th Payment -Dec.31,1992 5,160.45 PAYMENTS TOTAL $41,283.88 7. CONNECTION TIME PERIOD: Subject to the provisions of Section I-H, ASSOCIATES may connect at any time, but the connection charges are due and payable in accordance with Paragraph 5 of this Agreement regardless of the actual date of connection. 8. ASSIGNMENT: The rights of the parties under this Agreement shall inure to any successors in interest to the parties. 9. TRANSFER OF SEWER UNITS: ASSOCIATES may transfer sewer units from place to place within the property subject to the duty to pay DISTRICT for its actual costs incurred in connection with any such transfer. Included within such permissible transfers shall be the transfer of sewer units to that area described in that certain Offer of Dedication recorded March 3, 1988, at Book 2907, Page 4 Official Records of E1 Dorado County Recorder. Any proposed transfer of sewer units to a receiving parcel or parcels outside the property shall be subject to the then applicable DISTRICT ordinances regarding sewer unit transfers. 7- Dated the day and year first above written. SOUTH TAHOE BY : ~~>'~A` ATTEST: "~'?~ ~~, ~~~; xl~ APPROVED AS TO FORM: ATTORNEY FOR DISTRICT CORPORATE ACKNOWLEDGMENT FALLEN LEAF L~ ASSOCIATES 1?\e~c~, ~. ~" ,~r~e1c~~ ATTORNEY FOR ASSO NO. 202 Y State of ~~~/~d/Pit/i/~ On this the _~ day of ~~1~7~1~c9~'~ 19~; before me, SS. County of o~<~iUC%~a ~F-~~~' ~~~~id , the undersigned Notary Public, personally appeared personally known to me proved to me on the basis of satisfactory evidence to be th/e}~erson(s) who executed the within instrument as iP~~iO~rj- or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and o ial seal. 1~ i l~1 ~ !~ F~ =r Nt'ta"^ f kln~y il. 1992 :t 4 Notar ' ure ;~ y.=!,e%-~-!r~~='~..-~~e?r.C~,.~.-~~'~c.~e''~2.~-!~~?'-'.,-: ".?'c'~?,r~c='-'.e~'._.c-,-.~.yc~.ey_t-'.~-'.r~s_.c-.r'.--'dc~~.~~=-e?.~_".e-'.~,c-~.-'.r+~cc~.-'~''~-?cat?'-'~-?' 7120 122 ~ NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Boz 4625 • Woodland Hills, CA 91364 8. Ii EASEMENT DESCRIPTION C _'ATTACHMENT A All that real property situate in and being a portion of Section14, Township 12 North, Range 17 East, M. D. ?4., County of E1-Dorado, State of California, described as follows. Beginning at the Northwest corner~of the herein described parcelwhichbearsSouth53° 58' 27" East 2,101.4 feet from the South-east corner of the Northwest one-quarter of-the Southwest one-quarter of said Section 14; thence from the POINT OF BEGINNINGSouth81° 00' 02" East 18.00 feet; thence South 08° 59' S8"West 20.00 feet; thence South 81° 00' 02" East 32.00 feet;thence South 08° 59' S8" T4est 40.00 feet; thence North 81° 00' 02"West 50.00 feet; thence North O8° 59' 58" East 60.00 feet tothePOINTOFBEGINNING. Containing 2,360 square feet. Note: Refer this description to your title company before incorporatingintoanylegaldocument: Prepared by: Jones and Turner, Inc. Engineering Surveying planningP.O. Box 5067 Stateline, Nevada 89449 APN 21-410-11 Fallen Leaf Lake N J' D ~ 1 Or LL' v RESCISSION OF MEMORANDUM OF UNDERSTANDING This Agreement, by and between the South Tahoe Public Utility District, hereinafter referred to as the "District" and the private landowner residents of the east and south shores of the Fallen Leaf Lake region represented herein by the Fallen Leaf Lake Protection Association, is made with reference to the following facts. A. On March 25, 1977, District and Fallen Leaf Lake Improvement Association, Inc. entered into that certain Memorandum of Understanding pertaining to the construction of certain public improvements to remove sewage from the Fallen Leaf Lake region and other subjects pertaining thereto ("said MOU"). B. Fallen Leaf Lake Protection Association Association") is the successor in interest of Fallen Leaf Lake Improvement Association and Association holds all of the latter's rights, title, interest and obligations in and to said MOU. C. By virtue of an order issued by the Lahontan Regional Water Quality Control Board various studies have been performed of the Fallen Leaf Lake Sewage Collection System which have resulted in the proposal to construct certain improvements thereto to improve the performance and reliability of that system. D. Assessment District proceedings have commenced concerning the payment of anticipated design and construction costs of the contemplated improvements. E. By virtue of the changed circumstances hereinabove described, said MOU no longer adequately addresses the rights and obligations of the parties. NOW, THEREFORE, AND BY VIRTUE OF THE FOREGOING, THE PARTIES HEREBY AGREE AS FOLLOWS: Effective as of the date hereof said MOU is rescinded in its entirety. DATED: ~~ ~ , 1990 FALLEN LEAF LAKE PROTECTION ASSOCIATION By: R. HUSTO , President SOUTH TAHOE PUBLIC UTILITY DISTRICT By : ~~~.- ~'l~~ ROBERT MASON, Chairman ATTEST: J PAT A. MAMATH, Secretary RESCISSION OF MEMORANDUM OF UNDERSTANDING This Agreement, by and between the South Tahoe Public Utility District, hereinafter referred to as the "District" and the private landowner residents of the east and south shores of the Fallen Leaf Lake region represented herein by the Fallen Leaf Lake Protection Association, is made with reference to the following facts. A. On March 25, 1977, District and Fallen Leaf Lake Improvement Association, Inc. entered into that certain Memorandum of Understanding pertaining to the construction of certain public improvements to remove sewage from the Fallen Leaf Lake region and other subjects pertaining thereto ("said MOU"). B. Fallen Leaf Lake Protection Association Association") is the successor in interest of Fallen Leaf Lake Improvement Association and Association holds all of the latter's rights, title, interest and obligations in and to said MOU. C. By virtue of an order issued by the Lahontan Regional Water Quality Control Board various studies have been performed of the Fallen Leaf Lake Sewage Collection System which have resulted in the proposal to construct certain improvements thereto to improve the performance and reliability of that system. D. Assessment District proceedings have commenced concerning the payment of anticipated design and construction costs of the contemplated improvements. E. By virtue of the changed circumstances hereinabove described, said MOU no longer adequately addresses the rights and obligations of the parties. NOW, THEREFORE, AND BY VIRTUE OF THE FOREGOING, THE PARTIES HEREBY AGREE AS FOLLOWS: Effective as of the date hereof said MOU is rescinded in its entirety. DATED: %~~ /~ j , 1990 FALLEN LEAF LAKE PROTECTION ASSOCIATION By HUST , President SOUTH TAHOE PUBLIC UTILITY DISTRICT ROBERT MASON, Chairman ATTEST: PAT A. MAMATH, Secretary SOUTH TAHOE PUBLIC U77L7TY ~71STRICT 4..~.we.rrr •rvsut lrcrMl' P.Q Boy 78542 1275 1MWar Crost Drivs South L~lcs Tags. Glilonw~ 95705 Pfans (916) 544{~47~ LETTER OF TRANSMITTAL Ta Fallen Leaf Lake Protective Assoc I 4215 Montgomery Avenue vis, CA 95616 Attention Mark Huston ~ Date 12 ~ 21 ~ 9 ~ Asr.No. Regarding RESCISSION OF MOU IWe are sending you: IU Shop drawings U Copy of letter U Attached U Prints Change order U Under separate cover vitfa ttUPlansu Samples u Other tlhe following items; U Specifications Copies Date No. Description l ! ~___ Original signature of Rescission of MOU I t I l_ ~ L_ : L ! I i I I l Thsse are transmitted as checked below: L~J For approval I For your use U As requested U For review/comment U Far bkfs due Remarks U Approved as submitted U Approved as noted U Returned for corrections u Other For your file I LopY Ic, 11 rnfx•~ .n ~ ..r r . .. nr.l•.y ~rir:r-.. rr,.~i~~ •.. Nr ur. Iu Resubmit copies for approval Ili Submit copies for distribution U Return corrected prints 19 U Prints returned after Iosn to ua Slpned ~~ ~~/~ / /~~jyL.~~~~~ 1 2 3 4 5 I6 7' 8~i 9 10 11 12 13 14' 15 16 17 18 19 ZO 21 22 23 24 25 26 27 c~IV~~ BAR 2 3 1977 MEMORANDUM OF UNDERSTANDING ~' This Memorandum of Understanding, by and between the South Tahoe Public Utility District, hereinafter referred to as the "District" and the private landowner residents of the east and south shores of the Fallen Leaf Lake region represented herein by the Fallen Leaf Lake Improvement Association Inc., hereinafter referred to as the t1Residents". W I T N E S S E T H WHEREAS,the Residents are under an order issued by the Lahontan Regional Water Quality Control Board to perform all steps leading up to the construction of certain public improve- ments to remove from Fallen Leaf basin sewage; and WHEREAS, the Residents' properties are located within the boundaries of District and the District is empowered to r,tain { ~'^ilit.i A c of t.~1,n nat.~.lreQarSi~ii, GOT'iSt+~T'iiC~, v^p~;~ awe a.. ,..,~,~.. •, - contemplated to be constructed, pursuant to this memoL°andum and to form andfor continue necessary Improvement District proceedings to carry out the intent of this memorandum; and WHEREAS, the Lahontan Regional Water Quality Control Board has approved in principle certain design concepts as the~~ concepts are expressed in the CSO report submitted to said Board in July, 1976, and the EIR submitted in connection with the Fallen Leaf Lake Resort Improvement District proceedings before the County of El. Dorado Planning and LAFCC Departments; dn~~? 28 I' WHEREAS, said design concept work has been performed by the engineering firm, conunorLly referred to as CSO, Interr~ationa:~ , 29~~ Inc.; and 30 31 32 WHEREAS, the Residents desire to comply with the order of Lahontan and specifically with respect to the time sched~t~_es set forth in said order and are will.~.ng to take all steps JOHN C. WEIDiNAN ATTORNEY AT LAW s4E MAIN STREET PLACEHVILLE, CA G8687 TELCf'NONE 822.6260 o: lI 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ''. 21 22 23 24 25 26 27 28 29 30 31 32 JOHN C. WEIDMAN ATTORNEY AY LAW 12B MAIN STREET PLACERVIL LE, CA A6887 TELEPHONE D 22.5280 necessary to accomplish this end result; and WHEREAS; District in any construction, operation and maintenance of the proposed facilities subject of this memorandum does not intend to incur a financial burden on the taxpayers of District or present users of District facilities or in any manner subsidize said proposed Fallen Leaf Lake facilities: and WHEREAS, it is the intent of District and Residents that this Pemorandum of Understanding shall not constitute a binding agreement, and is not intended to provide details of any future agreement that may be entered into between the parties, or provide details for the formation and/or continuation of any Improvement District proceedings; and HAVING IN MIND the foregoing, the parties help express their understanding as to this intent as follows: 1. The District will select an Engineer and direct said Engineer to enter into a Joint Venture Agreement with CSO under tre super:~ision of Di st.ri ct Manager James R. Cofer, which Joint Venture Agreement shall be approved by the parties to this Memorandum of Understanding. The purpose of said Joint Venture Agreement shall be the preparation of a Design Criteria Summary Report, which will identify flows, flow rates, service areas, sewage system facilities, rights-of-way, preliminary cost esti- mates and other pertinent design criteria, which said report will be substantially consistent with the design concepts previously advanced by CSO in their report submitted to Lahontan, and in their EIR to the County of El Dorado Planning and LAFCO Departments. Said Joint Venture Agreement vrill contain provision that upon approval by the parties o.f' said Design Criteria Surnrl.dry Report, and subject to approval of the parties, the District would award a further Joint Venture contract with said Engineers for the preliminary design report, preparation of plans and specifications, and contract documents for construction of 2. 1 bl 7 8 9 10 11 12 13 ~I 14 15 lb 17~ 18 19 20 21 22 23 24 25 26 27 28 29I', 30 31' 32 JOHN C. WEIDMAN ATTORNEY AT LAW X26 MAIN STREET PLACER VIL LE, CA 96667 TELEPHONE 622.6280 sewage facilities for the Fallen Leaf Lake area contemplated by this memorandum, Said Joint Venture Agreement will also provide that all engineering work by the Joint Venture will be performed under a written contract with District and authorized by the Board of Directors of the District. 2. After completion of the Design Criteria Summary Report and approval thereof by the parties, District will form and/or continue necessary Improvement District proceedings for the preliminary design report, preparation of plans and specifics- Lions, and contract documents for construction, maintenance, operation and financing of the proposed sewage facilities for the Fallen Leaf Lake area contemplated by this memorandum. Said necessary Improvement District proceedings shall be subject to prior approval of the Residents, insofar as the type of District or Districts to be formed and/or continued, preliminary design report, plans and specifications, contract documents, boundary map, diagram, cost estimate and assessment spread are affected, Any modifications of the plans, specifications and contract documents thereafter shall be in substantial compliance with the Design Criteria Summary Report and preliminary design report, unless othervaise approved by Residents. The assessment spread and amount shall thereafter be adjusted only to reflect increase or decrease of costs compared to the cost estimate, 3, The District, pursuant to said Improvement District proceedings, shall undertake the construction, maintenance, operation end financing o.f. the sewage collection system substanti ally consistent with said design concepts advanced by CSO and ir~cluaed in said Des~.gn Crites°:ia Report, preliminary design report, plans and specifications, and contract documents. 4. The cost of construction of the set~age collection system far the Fallen Leaf Lake area, including all engineerin; design costs commencing with the Joint Venture Agreement, and al.~. 3. 1 reserving treatment capacity for the Fallen Leaf La~:e area nor 2 frill the Residents of the area be treated in a manner differently 3 than any other area or taxpayer or proposed user in the District 4 wit-,h regard to capacity. Both arties will ex edite to the reatest ractical5PPgP c 5 degree all steps necessary to accomplish the fundamental objec- 7 fives of Residents, namely to comply with the order of Lahontan ~ g Regional ti~Jater duality Control Board of July, 197,, and subse- quent time schedules heretofore or hereafter adopted by said ~9 10 Board. 11 9. The parties will attempt to get Federal and State I 12 financing assistance to lessen the cost of facilities to the i 13 Residents. District shall support a Resident Organization to 14 establish standards for water con~~ervation necessary to carry 15 out the design concepts advanced by CSO and to police in-house 16 said eater conservation measures. If necessary, the parties 17 gill req~zest an appropriate go~rernmental unit to enforce trze 18 crater conservation measures contemplated within the design con- 19 cepts advanced by CSO. 20 10. ^lhe District reccgnizes that the Fallen Leaf Lake 21 Improvement Association Inc., referred to herein~as "Residents", 22 is a representative of the affected owners of improved and unimproved property on the east and south shore of Fallen Leaf Ii,23 24 Lake . 25 11. Upon the execution of this Memorandum of Understand-' 26 ing the Residents will withdraw their application for the forma- ~I 27 tion of a Resort Improvement Uirtrict presently pending before 28 ~ r,i. Do.•aco Ll;;uny. Dated: TZarch_ n,s'', 19i7. 29 30 FALI~EP1 LEAF LAKE Ir~1PROVEi~~EP1T 31 ASSOCIATIOt~~, IP;C. rnard ,, tc everry, re:a~tir~t JONN C. WEIDMAN ATTORNEY AT LAW 326 MAIN 6TRF.ET 5 PIACERViLLE, CA 9ti667 / ~ TELEPHONE. 822.8280 LETTER OF TRANSMITTALSOUTHTAHOEPUBLICIJtILlTYDISTRICT a..~.1M0.w.r •Naut4crM7 P.Q Bdt 705!2 1275 MeaAOw Cross Drive South Lake Tahoe, Calilomia 95705 Phone (916) SN-647! To Fallen Leaf Lake Protective Association I 4215 Montgomery Avenue I Davis, CA 95616 Attention Mark Huston LDate 6 / 1 / 9 0 ~ Asf.No. Regarding RESCISSION OF MOU VYe aro sanding you: U Shop drawings U Copy of fetter U Attached IUD~ Prints u Change order U Under separate cover vlia 'U Plans U Samples u Other the following items.; U Specifications Copies Date No. Description 3 i ~___ (Original signature copies of Rescission of MOU i I L-_ I i i i I Thsse aro transmitted as checked below: IU For approval IU Approved as submitted IU Resubmit copies for approval IL~tI For your use u Approved as noted U Submit copies for distribution IU As requested U Returned for corrections U Return corrected prints u For review/comment U Other u Far bide due 19 U Prints returned after loan to us Rsmariu Please cause the three (3) original signature copies to be I executed and return to Rick Hydrick. Thank vou. Copy tr, ~ Slpned ~~ j~~/' ; GTiyJ~?, ,~ MEMORANDUM T0: RICK HYDRICK FR: KENNETH C. ROLLSTON DATE: MAY 31, 1990 RE: FALLEN LEAF LAKE - RESCISSION OF MOU Enclosed please find 3 copies of the Agreement to rescind the MOU. Please retain one for your files and secure the signature of Mr. Houston as the Fallen Leaf Lake representative. We can provide him a fully signed original copy when the chairman has signed. We should try to secure a signature before the June 7 Board meeting if possible. U~- cc : Bob Baer ~% ROLLSTON & HENDERSON ATTORNEYS KENNETH C.ROLLSTON* ROBERT M.HENDERSON A Professional Corporation er; May 25, 1990 John C. Weidman, Esq. 325 Main Street, Suite 1444 Placerville, CA 95667 Re: Fallen Leaf Lake - Rescission of MOU A{;~- r -`~ Post Office Box 14b25 South Lake Tahoe, California 95702 916)b44-1785 Facsimile Number 916)844.60b3 Dear John: Attached is the proposed Rescission of Memorandum of Understanding. The enclosure is prepared in accordance with last night's Board of Director considerations and your letter of May 24, 1990. Your review and comments on suggested revisions will be appreciated. Very truly yours, Kenneth C. Rollston lm cc: Bob Baer Rick Hydrick RESCISSION OF MEMORANDUM OF UNDERSTANDING This Agreement, by and between the South Tahoe Public Utility District, hereinafter referred to as the "District" and the private landowner residents of the east and south shores of the Fallen Leaf Lake region represented herein by the Fallen Leaf Protection Association, is made with reference to the following facts. A. On March 25, 1977, District and Fallen Leaf Lake Improvement Association, Inc. entered into that certain Memorandum of Understanding pertaining to the construction of certain public improvements to remove sewage from the Fallen Leaf Lake region and other subjects pertaining thereto ("said MOU"). B. Fallen Leaf Protection Association ("Association") is the successor in interest of Fallen Leaf Lake Improvement Association and Association holds all of the latter's rights, title, interest and obligations in and to said MOU. C. By virtue of an order issued by the Lahontan Regional Water Quality Control Board various studies have been performed of the Fallen Leaf Lake Sewage Collection System which have resulted in the proposal to construct certain improvements thereto to improve the performance and reliability of that system. D. Assessment District proceedings have commenced concerning the payment of anticipated design and construction costs of the contemplated improvements. Fallen Leaf Protection Association 4215 Montgomery Avenue Davis, CA 95616 May 17, 1990 Mr. Robert Mason South Lake Public Utilities District South lake Tahoe, CA Dear Mr. Mason: The Fallen Leaf Protection Association formally requests that the Memorandum of Understanding (MOU) between Fallen Leaf Lake and the South Tahoe Public Utilities District (STPUD) signed March 25, 1977 be rescinded. We strongly feel that after the installation of the improvements recommended in Phase 1 of the Carollo proposal, so}ply at the expense of Fallen Leaf residents, are complete; the reasons for the 1977 MOU no Ionger exist. We believe it is in both our best interests that Fallen Leaf residents get out of the sewering business and all future maintenance modifications or changes in the system be left up to the experts, South Tahoe Public Utilities Dist: ict. Procedures to rescind the 1977 MOU should begin immediately. Sincerely, R. Houston President Fallen Leaf Protection Association MRH:dm r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 2: 2f 27 2f 2~ 3( 3: 3; JOHN C. WEID MAN nowNEV •r uri il• MNN .r wlR rUCER VII IC.U Yeee7 T[L[.MONE ez:~ezeo MEMORANDUM OF UNDERSTANDIPIG CE~V~D MAR 2 3 1977 s..r, p ~, This Memorandum of Understanding, by and between the South Tahoe Public Utility District, hereinafter referred to as the "District" and the private landowner residents of the east and south shores of the Fallen Leaf,Lake region represented herein by the Fallen Leaf Lake Improvement Association Inc., hereinafter referred to as the "Residents". W I T N E S S E T H WHEREAS,the Residents are under an order issued by the Lahontan Regional Water Quality Control Board to perform all steps leading up to the construction of certain public improve- ments to remove from Fallen Leaf basin sewage; and V~iEREAS, the Residents' properties are located within the boundaries of District and the District is empowered to design, construct, operate and mairtair. facilities of the nature contemplated to be constructed, pursuant to this memorandum and to form and/or continue necessary Improvement District proceedings to carry out the intent of this memorandum: and WIiEREAS, the Lahontan Pegional Water Quality Control Board has approved in principle certain design concepts as these concepts are expressed in the CSO report submitted to said Board in July, 1976, and the EIR submitted in connection with the Fallen leaf Lake Resort Improvement District proceedings before the County of E1 Dorado Planning and LAFCO DeYUrtments; and V7HEREAS, said design concept work has been performed by the engineering firm commonly referred to as CSO, International, Inc.; and PlHEREAS, the Residents desire to comply with the order of Lahontan and specifically with respect to the time schedules set forth in said order and are willing to take all steps r 1 2 3 4 5 6 7 8 9 10 11 12 ' 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 JOHN C. WEIDMAN ATTOAH[Y AT UW EIE MAIN EI ALR IL,AC[R VILLC U DEED! 7[L[,HOHI EYt-EZOO necessary to accomplish this end result; and WHEREAS; District in any construction, operation and maintenance of the proposed facilities subject of this memorandum does not intend to incur a financial burden on the taxpayers of District or present users of District facilities or in any manner subsidize said proposed Fallen Leaf Lake facilities; and WHEREAS, it is the intent of District and Residents that this memorandum of Understanding shall not constitute a binding agreement, and is not intended to provide details of any future agreement that may be entered into between the parties, or provide details for the formation and~or continuation of any Improvement District proceedings; and HAVING IN MIND the foregoing, the parties help express their understanding as to this intent as follows: l~ g'he District will select an Engineer and direct said Engineer to enter into a Joint Venture Agreement with CSO under the supervision of District Manager James R, Cofer, which Joint Venture Agreement shall be approved by the parties to this 1+iemorandum of Understanding. The purpose of said Joint Venture Agreement shall be the preparation of a Design Criteria Surunary Report, which will identify flows, flow rates, service areas, sewage system facilities, rights-of-way, preliminary cost esti- mates and other pertinent design criteria, which said report will be substantially consistent with the design concepts previously advanced by CSO in their report submitted to Lahontan, and in their EIR to the County of E1 Dorado Planning and LAFCO Departments. Said Joint Venture Agreement vrill contain provisions that upon approves- by the parties of said Design Criteria Summary Report, and subject to approval of the parties, the District would award a further Joint Venture contract with said Engineers for the preliminary design report, preparation of plans and specifications, and contract documents for construction of 2. r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 JOHN C. WEIDMAN nonu[r •~ uw u[ wuw an~~ uc[nwuc a aeeav tn[.row[ 622-020 sewage facilities for the Fallen Leaf Lake area contemplated by this memorandum. Said Joint Venture Agreement will also provide that all engineering work by the Joint Venture will be performed i under a written contract with District and authorized by the Board of Directors of the District. ~ 2, After completion of the Design Criteria Summary Report and approval thereof by the parties, District will form and~or continue necessary Improvement District proceedings for i the preliminary design report, preparation of plans and specifica- Lions, and contract documents for construction, maintenance, operation and financing of the proposed sevrage facilities for i the Fallen Leaf Lake area contemplated by this memorandum, Said necessary Improvement District proceedings shall be subject to prior approval of the Residents, insofar as the type of District i or Districts to be formed and~or continued, preliminary design report, plans and specifications, contract documents, boundary map, diagram, cost estimate and assessment spread are affected, Any modifications of the plans, specifications and contract documents thereafter shall be in substantial compliance tirith ' the Design Criteria Summary Report and preliminary design report, unless othervaise approved by Residents. The assessment spread and amount shall thereafter be adjusted only to reflect increase or decrease of costs compared to the cost estimate. ' 3, The District, pursuant to said Improvement District proceedings, shall undertake the construction, maintenance, operation and financing of the sewage collection system substanti-~ ally consistent with said design concepts advanced by CSO and incluaed in said Design Criteria Report, preliminary design report, plans and specifications, and contract documents, , 4, The cost of construction of the sevrage collection system for the Fallen Leaf Lake area, including all engineering design costs commencing with the Joint Venture Agreement, and all 3. r 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Z 0 ', 21 I' 22 23 I 24 25 26 27 28 29 30 31 32 JOIiN C. WEID MAN nowwo wr uw a:a wwiw a,wcn uccwwuc, c. eeaa7 Tu .wow[ ez:•ezeo reserving treatment capacity for the Fallen Leaf Lal:e area nor will the Residents of the area be treated in a manner differently than any other area or taxpayer or proposed user in the District with regard to capacity. Both parties will expedite to the greatest practical degree all steps necessary to accomplish the fundamental objec- tives of Residents, namely to comply with the order of Lahontan Regional Water Quality Control Board of July, 1976, and subse- quent time schedules heretofore or hereafter adopted by said Board, 9, The parties will attempt to get Federal and State financing assistance to lessen the cost of facilities to the Residents. District shall support a Resident Organization to establish standards for water con=ervation necessary to carry out the design concepts advanced by CSO and to police in-house said mater conservation measures, If necessary, the parties will request an appropriate governmental unit to enforce the i•~ater conservation measures contemplated within the design con- cepts advanced by CSO. 10. 11^he District reccgnizes that the Fallen Leaf Lal:e Improvement Association Inc., referred to herein as "Pesidents", is a representative of the affected owners of improved and unimproved property on the east and south shore of Fallen Leaf Lake, 11, Upon the execution of this lQemorandum of Understand- ing the Residents will withdraw their application for the forma- tion of a Resort Improvement District presently pending before E1 Dorado County. Dated: Pdarch~, 1977. FALLEN LEAF LAKE IP•IPROVEA;EP7T ASSOCIATION, INC. Bernard °. ^tc everry, resi~ccnt 5. r y ~_~ ~/~ // SOUTH TAHOE PUBLIC UTILITY DISTRICT JAMESSRDJONES Sewer . 1950. Water A PUBLIC AGENCY P.O. Box AU South Lake Tahoe, California 95705 Phone (916) 544-6474 1275 Meadow Crest Drive August 8, 1983 Mr. Bernard Etcheverry Fallen Leaf Lake Post Office Fallen Leaf Lake, CA 95716 RE: AGREEMENT REGARDING SE~4ER CONNECTION FEES DIRECTORS WALTER "NEAL" OLSON LORRENE KASHUBA MICKEY MADDEN JOHN WYNN Dear Barney: Enclosed please find a fully executed agreement regarding sewer connection fees. A copy of the agree- ment has been sent to Attorney Kenneth Rollston. Very .truly yours, SOUTH TAHOE PUBLIC LITILITY DISTRICT James R. Cofer Manager/Engineer JRC:mda Encl. cc: John C. G9eidman, w/encl Kenneth Rollston, w/encl AGREEMENT REGARDING SEWAGE CONNECTION FEES THIS AGREEMENT, effective this ~ day of ~ ~uS7" , 1983, by and between the SOUTH TAHOE PUBLIC UTILITY DISTRICT ("District") and FALLEN LEAF LAKE I114PROVEh4ENT ASSOCIATION, INC. is made with reference to the following facts: Recitals: 1. On March 25, 1977, the Residents and District entered into a Pdemorandum of Understanding concerning the design, con- struction, operation and maintenance of sewage facilities for the Fallen Leaf Lake basin, County of E1 Dorado, State of California b1OU") . 2. The construction of the sewage facilities contemplated by the fl~OU is now substantially complete and District anticipates that such sewage facilities will be operative during the summer of 1983. 3. Fallen Leaf Lake Improvement District Association, Inc. represents the homeowners and vacant lot property owners. 4. District contends that Section 8.8 of the District Sewer and Street Lighting Ordinances presently provides that a connection charge shall be paid upon connection to the sewage system in the sum of $1,330.00 per sewer unit. 5. Fallen Leaf Lake Improvement Association, Inc. disputes the applicability of the connection charge described in the pre- ceding recital hereof to any of them for the reasons, among others, that a. Prior to execution of the MOU they were advised by the District that the connection charge applicable to them would be $80.00 per sewer unit; b. Lands owned by the United States Department of Agriculture-Forest Service which will discharge into the Fallen Leaf Lake sewage system are to pay no connection charges; c. Section 10.9 of the District's Sewer and Street Lighting Ordinances provides that connection fees shall be at the rate appli- cable on the date when construction of improvements upon property was completed rather than the connection fee rate applicable upon discovery of discharge and the majority of improvements at Fallen Leaf Lake were completed prior to any increase in connection fees; d. Because of the design of the Fallen Leaf Lake Sewerage System, Fallen Leaf Lake dischargers should not burden District facilities in the same proportion as new construction connections; e. The majority of Fallen Leaf Lake dischargers do not result from new construction; and f. But for delays in the design, engineering and con- struction of the Fallen Leaf Lake Sewerage System, connections to the system would have occurred in 1979 at a time when the prevailing charge was $580.00 per sewer unit. 6. The parties desire to compromise the dispute that exists between them regarding appropriate connection fees on the terms and conditions hereinafter set forth. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Amount of Connection Fee. The Residents shall pay the District the sum of $580.00 per sewer unit. The parties have agreed upon the sum of $580.00 per sewer unit as a fair and equi- table compromise of the respective positions of the parties since that amount was the prevailing charge when it was contemplated by the parties that the Fallen Leaf Lake Sewerage System would have been placed into operation and connection fees would have been due and payble. 2- 2. Time o.f Pa~~m~nt. i'he sum to be paid in accorc~~:nce i•:ith Paragraph 1 hereof shall be paid on or before the day of connection to Fallen Leaf Lake Sewerage System, except that any homeowner may elect, in writing, prior to September 1, 1983, to have the connection paid as a part of the supplemental assessment on his property in connection with supplemental assessments for cost overrun in Assess- ment District 1971-1. 3. Notice of Opportunity to Connect. The District shall give written notice to the individual homeowners and Fallen Leaf Lake Improvement Association, Inc., hereto that the sewage system is operative and available for connection. 4. Connection After Notice. Prior to July 1, 1984, all home- owners shall pay the applicable connection fee, or make the election provided in Paragraph Z and connect all plumbing fixtures to the sewage system. 5. Lack of Timely Payment. In the event that the system is operative and available for connection and payment of the connection charges, or election as to method of payment, is not made within the time required by the terms of this Agreement, the connection fee which shall be paid upon connection shall be the rate then applicable under the laws, regulations and ordinances of the District at the time of connection. 6. Determiniation of Number of Sewer Units. The number of sewer units for each homeowner shall be determined by an on-site inspection pursuant to applicable District ordinances. Any additional units acid~d after connection shall pay a connection fee at the then applicable charge pursuant to District ordinances. 7. Service Charges. The annual service charge shall commence on July 1, 1984, at the then applicable District ordinance rate. Subsequent service charges may be adjusted to reflect the actual operational cost of the Fallen Leaf Lake Sewer System. 3- 8. Disclaimer of Authority. The parties acknowledge and agree that the number and diverse domiciles of the residents make it impractical for each of the residents to execute this Agreement; that Fallen Leaf Lake Improvement Association, Inc., does not have the authority to and cannot represent that every resident agrees with the terms hereof; and that, therefore, it may be necessary for the District or other governmental authorities to exercise enforcement powers for the failure or refusal of some residents to connect to the sewage system and pay such fees as may then be appropriate. 9. Cost Overrun. The proposed cost overrun charge is 84,917.98 apportioned among the parcels within Assessment District 1971-1 as set forth in Exhibit A, attached hereto and made a part hereof. The actual assessment against each parcel will have added engineering, legal, administrative, bond reserve and bond discount costs. Any parcel that prepays the total assessment prior to levy will not pay its share of bond discount and bond reserve costs. 10. Lode and Camp. The connection fees and payment thereof by Fallen Leaf Lodge, Fallen Leaf Lodge Association and Stanford Alumni Assocation are not a subject of this Agreement. 11. Connecfi.ion Permits. Each homeowner shall secure a sewer connection permit in accordance with the applicable rules, regulations and ordinances of District, except where otherwise provided in this Agreement. As a condition of issuance of the sewer connection - permit, any property owner easement for the Fallen Leaf Lake sewer collection line system or pumping stations located on a homeowner's property shall be formalized in the "as-built location". As a further condition of issuance of a see;~er permit each hor:~~owner shall agree that his connection fee is in compromise of a disputed claim. - 4- 12. Reliance on this Agreement. The District acknowledges and understands that Fallen Leaf Lake Improvement Association, Inc. believes they are lawfully required to pay only $80.00 per sewer unit to connect to the Fallen Leaf Lake Sewerage System but that in order to resolve this problem, the parties have foregone any remedies which they may have available and are relying on this Agreement as the legally binding expression of their rights and obligations in regard to the payment of conenction fees. 13. Assignment. The rights of the parties under this Agree- ment are freely transferable and assignable. 14. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of Agreement inure to the successors in interest to the parties to it. 15. Notices. All notices required or provided for under this Agreement shall be~in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to the District shall be addressed as follows: General Manager South Tahoe Public Utility District Post Office Box AU South Lake Tahoe, California 95705 Notices required to be given to the Residents shall be addressed as follows: Bernard Etcheverry Kenneth C. Rollston, Ltd. Fallen Leaf Post Office Post Office Box 14525 Fallen Leaf, CA 95716 South Lake Tahoe, CA 95702 A party may change the address by giving notice in writing to the other parties and there~.fter notices shall be addressed and transmitted to the new address. DATED the day and year first above written. SOUTH TAHOE PUBLIC UTILITY DISTRICT FALLEN LEAF LAKE IMPROVEMENT ASSOCIATION, INC. 1 ~ , _5_ r ~ r~ ~ APPROVED AS TO FORM: KENNETH C. ROL]LSTON, LTD. KENNETH C. ROLLSTON Attorneys for :Fallen Leaf Lake Improvement Association, Inc. J HN C. WEIDMAN Attorney for District 6- TABLE 5 PROPOSED COST OVERRUN ALLOCATIONS ASSESSMENT DISTRICT 1971-1 SOUTH TAHOE PUBLIC UTILITY DISTRICT JUNE, 1983 Overrun= 84918.00 Page 2 of 4 PARCEL 1ASSESSMENT No. I 21 OF TOTAL 1 PROPOSED 1 COST 1 OVERRUN I CHARGE 1 381-04 1 10212.28(542971 461.081 1 381-03 1 13011.481 691791 587.451 1 381-06 1 16506.741 877631 745.271 1 381-05 1 13124.251 697791 592.551 1 381-01 1 12532.731 666341 1 565.841 1II 1 371-OS 1 1 12906.631 68622)582.721 1 371-04 1 11965.291 636171 540.22) 1 371-03 1 11912.611 633371 537.851 1 371-02 1 9922.531 527561 447.991 1 371-01 1 12587.471 669251 1 568.311 1 1 331-06 1 i 16815.141 894031 759.191 1 331-11 1 6440.561 342431 290.781 1 331-10 i 7562.991 402111 341.461 1 331-05 1 10563.991 561671 476.961 1 331-12 1 11161.031 593411 503.911 1 331-04 1 11466.601 609661 517.711 331-03 1 12446.071 661731 561.931 1 331-02 1 11098.111 590061 501.071 1 331-O1 1 12034.861 639871 543.361II 1 321-05 1 I 8945.921 475641 403 901 1 321-10 1 12611.50)670531 569.401 1 321-09 1 8090.771 430171 365.291 1 321-03 1 13975.291 743041 630.971 1 321-12 1 7562.991 402111 341.461 1 321-19 1 8076.991 429441 364.671 1 321-17 I 8076.991 429441 364.671 1 321-13 1 6544.151 347941 295.461 1 321-02 i 14333.831 76211 647.161 1 321-23 (15016.111 798381 677.971 1 321-24 1 9471.941 50361 427.651 1 321-22 (17072.141 907691 770.791 1 321-15 1 7562.991 402111 341.461 1Sub Tota11 361612.97)19.226251 16326.551 t . t . 1 2 3 4 51 6 7 8 9 10 iC~jV~D MAR 2 3 1977 s' 'r• -'• .U. n MEMORANDUM OF UNDERSTANDIPJG ~" This Memorandum of Understanding, by and between the South Tahoe Public Utility District, hereinafter referred to as the "District" and the private landowner residents of the east and so~atr shores of the Fallen Leaf Lake region represented herein by the Fallen Leaf Lake Improvement Association Inc., hereinafter referred to as the "Residents". W I T N E S S E T H 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 29 30 31 32 JOHN C. WEIDMAN ATTORNEY AT LAW a2a MAIN STREET PLACERVILLE. CA D36E7 TCLCPHONC asz•asao WHEREAS,the Residents are under an order issued by the Lahontan Regional Water Quality Control Board to perform all steps leading up to the construction of certain public improve- ments to remove from Fallen Leaf basin sewage; and WHEREAS, the Residents' properties are located within the boundaries of District and the District is empowered to i1@Sigil, construct, opc~ ate and ;aintain f?C1.lit.i ag of t.h? nat2~re contemplated to be constructed, pursuant to this memoi°andum and to form and/or continue necessary Improvement District proceedings to carry out the intent of this memorandum; and WHEREAS, the Lahontan Regional UTater Quality Control Board has approved in principle certain design concepts as these concepts are expressed in the CSO report submitted to said Board in July, 1976, and the EIR submitted in connection with the Fallen Leaf Lake Resort Improvement District proceedings before the County of E1 Dorado Planning and LAFCC Departments; an~~? V~IEF,EAS, said design concept work has been performed by the engineering firm conunonly referred to as CSO, Irterr>.ati oval , Inc.; and WHEREAS, the Residents desire to comply with the order of Lahontan and specifically with respect to the time schedules set forth in said order and are willing to take all steps L~. 1~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 JOHN C. WEIOMAN ATTORNEY AT LAW 720 MAIN BTR EET PLACERVILLE, CA 96887 TELCPHONE ezz•axeo necessary to accomplish this end result; and WHEREAS; District in any construction, operation and maintenance of the proposed facilities subject of this memorandum does not intend to incur a financial burden on the taxpayers of District or present users of District facilities or in any manner subsidize said proposed Fallen Leaf Lake facilities; and WHEREAS, it is the intent of District and Residents that this Memorandum of Understanding shall not constitute a binding agreement, and is not intended to provide details of any future agreement that may be entered into between the parties, or provide details for the formation and/or continuation of any Improvement District proceedings; and HAVING IN MIND the foregoing, the parties help express their understanding as to this intent as follows: 1. The District will select an Engineer ar~d direct said Engineer to enter into a Joint Venture Agreement with CSO under the super:*i~ion of T)i et.ri ct Manager James R. Cofer, which Joint Venture Agreement shall be approved by the parties to this Memorandum of Understanding. The purpose of said Joint Venture Agreement shall be the preparation of a Design Criteria Summary Report, which will identify-flows, flow rates, service areas, sewage system facilities, rights-of-way, preliminary cost esti- mates and other pertinent design criteria, which said report will be substantially consistent with the design concepts previously advanced by CSO in their report submitted to Lahontan, and in their EIR to the County of El Dorado Planning and LAFCO Departments. Said Joint Venture Agreement will contain provisions that upon approval by tr,e parties of said Design Criteria Sutncudry Report, and subject to approval of the parties, ttre District would award a further Joint Venture contract with said Engineers for the preliminary design report, preparation of plans and specificaticns, and contract documents for construction of 2. 1 2 3' 4 5 61 7 8 91 10 11 12 13 14 15 16~17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 JOHN C. WEIDMAN ATTORNEY AT LAW X28 MAIN STREET PLACEHVILLE. CA 88887 TELEPHON[ 822-8280 i sewage facilities for the Fallen Leaf Lake area contemplated by this memorandum, Said Joint Venture Agreement will also provide that all engineering work by the Joint Venture will be performed under a v~rritten contract with District and authorized by the Board of Directors of the District. 2. After completion of the Design Criteria Summary Report and approval thereof by the parties, District will form and/or continue necessary Improvement District proceedings for the preliminary design report, preparation of plans and specifica- tions, and contract documents for construction, maintenance, operation and financing of the proposed sewage facilities for the Fallen Leaf Lake area contemplated by this memorandum, Said necessary Improvement District proceedings shall be subject to prior approval of the Residents, insofar as the type of District or Districts to be formed and/or continued, preliminary design report, plans and specifications, contract documents, boundary map, diagram, cost estimate and assessment spread are affected, Any modifications of the plans, specifications and contract documents thereafter shall be in substantial compliance faith the Design Criteria Summary Report and preliminary design report, unless othervaise approved by Residents, The assessment spread and amount shall thereafter be adjusted only to reflect increase or decrease of costs compared to the cost estimate, 3, The District, pursuant to said Improvement District proceedings, shall undertake the construction, maintenance, operation and financing of the sewage collection system substanti ally consistent with said design concepts advanced by CSO and incluaed in said Des~.gn Criteria Report, preliminary design report, plans and specifications, and contract documents. la.. The cost of construction of the sei~age collection svstem for the Fallen Leaf Lake area, including all engineering design costs commencing with the Joint Venture Agreement, and all 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 JOHN C. WEIDMAN ATTORNEY AT LAW J26 MAIN aTREET PLACERVIL LE, CA 95667 TELEPHONE az2-fizao reserving treatment capacity for the Fallen Leaf Lake area nor trill the Residents of the area be treated in a manner differently than any other area or taxpayer or proposed user in the District with regard to capacity. Both parties will expedite to the greatest practical r degree all steps necessary to accomplish the fundamental objec- ~ fives of Presidents, namely to comply with the order of Lahontan I Regional Vdater Quality Control Board of July, 1976, and subse- ~ quent time schedules heretofore or hereafter adopted by said Board. g. The parties will attempt to get Federal and State financing assistance to lessen the cost of facilities to tre Residents. District shall support a Resident Organization to establish standards for water conservation necessary to carry out the design concepts advanced by CSO and to police in-house said Crater conservation measures. If necessary, the parties Drill req~zest an appropriate goTrernmental unit to enforce the t•rater conservation measures contemplated within the design con- cepts advanced by CSO. 10. 11^he District recognizes that the Fallen Leaf Lake Improvement Association Inc. , referred to herein 'as T1Residents'r, is a representative of the affected ovrners of improved and unimproved property on the east and south shore of Fallen Leaf Lake. 11. Upon the execution of this P1Iemorandum of Understand- ing the Residents vrill withdraw their application for the forma- tion of a Presort Improvement District presently pending before r:l Dorado %ounty. Dated: T~I~arch ? S`''~, 197, FALLEN LEAF LAKE IP~IPRO~,rEI•'~P1T ASSOCIATIOT`T, IT•JC. Bernard ;. Its everry, rosi ;:rat Fallen Leaf Protection Association 4215 Montgomery Avenue Davis, CA 95616 May 17, 1990 Mr. Robert Mason South Lake Public Utilities District South lake Tahoe, CA Dear Mr. Mason: The Fallen Leaf Protection Association formally requests that the Memorandum of Understanding (MOU) between Fallen Leaf Lake and the South Tahoe Public Utilities District (STPUD) signed March 25, 1977 be rescinded. We strongly feel that after the installation of the improvements recommended in Phase 1 of the Carollo proposal, solely at the expense of Fallen Leaf residents, are complete; the reasons for the 1977 MOU no longer exist. We believe it is in both our best interests that Fallen Leaf residents get out of the sewering business and all future maintenance modifications or changes in the system be left up to the experts, South Tahoe Public Utilities District. Procedures to rescind the 1977 MOU should begin immediately. Sincerely, R. Houston President Fallen Leaf Protection Association MRH:dm J~ ~~ Chairman NAT SINCLAIR SOUTH TAHOE PUBLIC UTILITY DISTRICT Sewer .1950 .Water A PUBLIC AGENCY P.O. Box 19487 South Lake Tahoe, California 95706-3487 Phone (916) 544-6474 1275 Meadow Crest Drive FAX (916) 541-0614 August 13, 1991 Mark R. Houston President Fallen Leaf Lake Protection Association 4215 Montgomery Avenue Davis, CA 95616 Subject: RESCISSION OF MOU - Between South Tahoe PUD & Fallen Leaf Lake Improvement Association, Inc. Dear Mr. Houston: Directors ROBERT MASON MARY LOU MOSBAChiER STEVEN J.ONYSKO LOU PIERINI I sent to you, under cover letter dated June 20, 1991, two original signature copies of the Rescission of MOU. These were to be signed by you and returned to me to obtain the signature of our Board Chairman. I have enclosed a copy of the letter in case it did not reach you. If, however, the Association is no longer interested in executing the MOU rescission, please phone me at (916) 544-6474/ext. 203. Thank you for your attention to this matter. Sincerely, Pat A. MaMath Clerk of the Board Enclosures Chairman NAT SINCLAIRSOUTHTAHOEPUBLICUTILITYDISTRICT Sewer .1950 .Water A PUBLIC AGENCY P.O. Box 19487 South Lake Tahoe, California 95706-3487 Phone (916) 544-6474 1275 Meadow Crest Drive FAX (916) 541-0614 June 20, 1991 Mark R. Houston President Fallen Leaf Lake Protection Association 4215 Montgomery Avenue Davis, CA 95616 Subject: RESCISSION OF MOU - Between South Tahoe PUD & Fallen Leaf Lake Improvement Association, Inc. Dear Mr. Houston: Directors ROBERT MASON MARY LOU MOSBACHER STEVEN J. ONYSKO LOU PIERINI On May 17, 1990 you wrote to our Board Chairman, Robert Mason, requesting the March 25, 1977 Agreement between the Fallen Leaf Lake Improvement Association, Inc. and the District be rescinded. The Memo was drafted by our Attorney, but was inadvertently filed and consequently not mailed to you for execution. I have enclosed two updated copies for your signature. They were updated to reflect the current year and present Board Chairman. Please send both copies back to me after you have signed them. I will obtain the signature of our present Board Chairman, Nat Sinclair, and return a fully executed, original signature copy to you. Sincerely, Pat A. Mamath Clerk of the Board Enclosures RESCISSION OF MEMORANDUM OF UNDERSTANDING This Agreement, by and between the South Tahoe Public Utility District, hereinafter referred to as the "District" and the private landowner residents of the east and south shores of the Fallen Leaf Lake region represented herein by the Fallen Leaf Protection Association, is made with reference to the following facts. A. On March 25, 1977, District and Fallen Leaf Lake Improvement Association, Inc. entered into that certain Memorandum of Understanding pertaining to the construction of certain public improvements to remove sewage from the Fallen Leaf Lake region and other subjects pertaining thereto ("said MOU") . B. Fallen Leaf Protection Association ("Association") is the successor in interest of Fallen Leaf Lake Improvement Association and Association holds all of the latter's rights, title, interest and obligations in and to said MOU. C. By virtue of an order issued by the Lahontan Regional Water Quality Control Board various studies have been performed of the Fallen Leaf Lake Sewage Collection System which have resulted in the proposal to construct certain improvements thereto to improve the performance and reliability of that system. D. Assessment District proceedings have commenced concerning the payment of anticipated design and construction costs of the contemplated improvements. E. By virtue of the changed circumstances hereinabove described, said MOU no longer adequately addresses the rights and obligations of the parties. NOW, THEREFORE, AND BY VIRTUE OF THE FOREGOING, THE PARTIES HEREBY AGREE AS FOLLOWS: Effective as of the date hereof said MOU is rescinded in its entirety. DATED:1991 FALLEN LEAF PROTECTION ASSOCIATION By: MARK R. HOUSTON, President SOUTH TAHOE PUBLIC UTILITY DISTRICT By: NAT SINCLAIR, CHAIRMAN ATTEST: PAT A. MAMATH, Secretary t`= MEMORANDUM i T0: RICK HYDRICK FR: KENNETH C. ROLLSTON DATE: MAY 31, 1990 RE: FALLEN LEAF LAKE - RESCISSION OF MOU Enclosed please find 3 copies of the Agreement to rescind the MOU. Please retain one for your files and secure the signature of Mr. Houston as the Fallen Leaf Lake representative. We can provide him a fully signed original copy when the chairman has signed. We should try to secure a signature before the June 7 Board meeting if possible. cc: Bob Baer