Resolution No. 1313WJML:RJH:eJa 8/18/69 8c
RESOLUTION NO. 1 3 1 3
A RESOLUTION AUTHORIZING EXECUTION OF AGREE~,~NT
WITH RELATION TO ASSESSMENT FINANCING OF SEWERS
WITHIN FOREST SERVICE RECREATION RESIDENCE TRACTS
ASSESSMENT DISTRICT 1968-3
RESOLVED, by the Board of Directors of the South Tahoe
Public Utility District, E1 Dorado County, California, that that
certain Agreement with Relation to Assessment Financing of Sewers
Within Forest Service Recreation Residence Tracts for said Assess-
ment District 1968-3, by and between the United States Department
of Agriculture, Forest Service, and this District, is hereby
approved, and the President of the Board of Directors is hereby
authorized to execute said Agreement on behalf of the District,
and the Secretary is directed to attest his signature and affix
the seal of the District thereto.
South Tahoe Public Utility District
ATTEST :~
Clerk and Ex-officio Secretary ~
I hereby certify that the foregoing is a full, true and
correct copy of a resolution duly and regularly adopted by the
Board of Directors of the South Tahoe Public Utility District,
E1 Dorado County, California, at a meeting thereof duly held on
the 21st day of August , 1969, by the following vote:
AYES, and in favor thereof, Directors: ,~ ~.~ ? ~ Kortes,
NOES, Directors: None
ABSENT, DJ rectors: None
ABSTAINE D,
Fesler, Hegarty, Ream
Director Robert W~ff~an /~/~' /3//~ /
"Clerk and Ex-officio Secretar~--..~
South Tahoe Public Utility District
8/5 Revision
AGREEMENT
THIS AGREEMENT is entered into by and between 'the UNITED
STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, hereinafter
called "U S " and the SOUTH TAHOE PUBLIC UTILITY DISTRICT,
E1 Dorado County, California, hereinafter called "STPUD."
W I T N E S S E T H:
WHEREAS, U. S. is 'the owner of 'the fee simple interest in
certain lands which now are or may hereafter be within the
boundaries of STPUD and upon which 'there are recreation resi-
dence buildings constructed, owned and main'tained by private
individuals under and subject 'to written permission granted by
'the U. S. by documents entitled "Term Special Use Permit," a copy
of ~the form 'thereof being attached .here'to, marked Exhibit A, and
made a part hereof. Said lands and said documents are hereinafter
referred to as "tracts" and "permits", respectively.
WHEREAS, continued use of said tracts for human habita'tion is
subject to provision of adequate sanitary sewer service as re-
quired by applicable laws of 'the State of California and local
o rdinanc e s.
WHEREAS, STPUD has commenced proceedings, pursuant 'to 'the
Municipal Improvement Aot of 1913 and 'the Improvement Bond Act of
1915 of the Sta'te of California, for 'the purpose of constructing
collection lines 'to serve 'the area designated as Assessment Dis-
trict 1968-'3, which area includes certain 'tracts as shown on a
map of said Assessment District on file in 'the office of 'the
Clerk of STPUD.
WHEREAS, STPUD must either have the assurances contained in
this agreement or exclude said tracts from said Assessment District.
WHEREAS, U. S. desires 'to cooperate with 'the permittees so
that 'they may obtain feasible financing of 'the requisite sewer ser-
vice for said tracts.
NOW, THEREFORE, in consideration of 'the mutual covenants here-
inafter set forth, and to enable STPUD 'to include said tracts in
such proceedings, IT IS AGREED AS FOLLOWS:
1. STPUD will include said tracts in said proceedings, pro-
vided only that 'the Board of Directors of STPUD determines such
inclusion 'to be financially and engineeringlY feasible.
2. U. S. agrees as follows:
(a) To furnish forthwith to STPUD a copY of the
Special Use Map or Maps of 'the areas or areas within which said
tracts lie, and 'the name and addresses of all permittees named in
'the exis'ting permits covering said tracts.
(b) Upon determination by 'the Board of Directors
of STPUD ~tha't inclusion of said 'tracts in said Assessment District
is financially and engineeringly feasible, 'to terminate promp'tly
said existing permits and issue new permi'ts, or amend said existing
permits, covering all of said tracts, 'the 'term of each such new
or amended permit 'to be twenty (20) years from 'the date of said
new permit or said amendment.
(c) To include a provision in each of such new
permi'ts, or in each of such amendments of said exis'ting permits,
providing as follows:
"Notwithstanding any provision contained in 'this
if 'the South Tahoe Public Utility
permi't 'to the contrary,
District levies a special assessment upon 'the interest
created hereby for its proportionate share of the costs and
expenses of 'the acquisitions and improvemen'ts necessary 'to
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sanitary sewer service ~to the recreation residence main-
~tained pursuant ~to this permit, 'then so long as any portion
of said assessment remains unpaid and if this permit is
terminated, revoked or cancelled, no permit shall be issued
covering use of ~the lands herein described unless and until
provision is made for payment of 'the unpaid portion of such
special assessment in a manner satisfac't°rY ~to STPUD"o
(d) To furnish to STPUD, prior to the public hear-
ing in said assessment proceedings, a certificate with respect to
said summer home tracts showing that the permi'ts therefor are for
20-year 'terms as provided in clause (b) above and that each of
said permits contains ~the provisions set forth in clause (c) above.
3. U. S. further agrees that so long as 'there remains unpaid
any portion of such special assessment levied by STPUD upon the
interest created by 'the permit covering any such tract, that:
(a) If such a permit shall be terminated, revoked
or cancelled, no permit shall be issued covering use of the lands
~therein described unless and until provision is made for payment of
'the unpaid portion of such special assessment in a manner satis-
factory to STPUD.
(b) In the event of termination or revocation of
any such permit pursuant to Clauses 15, 16 or 21, STPUD shall be
given no less than a three month wri'tten no~tice of 'the intention to
so terminate or revoke the permit. In the event of automatic
termina~tion pursuant to Clause 34, U. So shall send written notice
to STPUD within one month after U. S. learns of such termination.
(c) In the event of a prospective abandonment of
any such permit by 'the permittee, the reasonable time specified in
Clause ll ~thereof (for removal of improvements) shall not be deemed
to expire until ninety days after STPUD is no'tified thereof, ~nd
if a~t 'that 'time 'the permittee is no't in default in payment of the
unpaid assessment installments, then such reasonable time shall be
deemed 'to extend to ninety days after such default.
(d) In the event the land covered by any such permit is
exchanged, or sold, a condition thereof shall be that the proposed
transferee shall enter into an agreement with STPUD providing for pay-
ment of said unpaid portion of such ~pecial assessment in a manner
satisfactory 'to STPUD.
4. It is mutually agreed that:
(a) All permits issued pursuant hereto and all permits
subject hereto as same may be amended shall be substantially identical
'to 'the form ~t'tached hereto as Exhibit A except as herein expressly
provided, unless STPUD shall consent in writing 'to variations 'therein.
(b) No provision for payment of 'the unpaid portion of a
special assessment, pursuant 'to clauses (a) and (d) of paragraph 3
hereof, shall be deemed satisfactory to STPUD unless and 1/ntil STPUD
has so indicated in writing.
(c) STPUD shall not unreasonably withhold consent pursuant
'to clause (a) of 'this paragraph 4, or unreasonably withhold written
indication of its satisfaction with a provision for payment of 'the
unpaid portion of a special assessment when same is required hereunder.
(d) U.S. shall not allow any land 'to which 'this agreement
is applicable 'to be used for recreation residence purposes unless a
valid permi't 'therefor is in existence.
IN WITNESS WHEREOF, 'the parties hereto, by 'their duly authorized
officers, have executed 'this agreement in duplicate as of 'the
_day o f _ _,
clerk
SEAL
ATTEST:
1969.
UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
SOUTH TAHOE PUBLIC UTILITY DISTRICT
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