Resolution 2833-07
~
~
L
1
2
3
4
5
6 WHEREAS, the District owns and operates a water treatment and distribution
7 system (System) for the beneficial use by the District and its customers located within
8 the City of South Lake Tahoe and certain portions of the County of EI Dorado,
9 California; and
10
11 WHEREAS, Accessible Space, Inc. (Owner) owns certain real property and
12 improvements located on Emerald Bay Road, EI Dorado County, California, as more
13 particularly described in the Main Extension Agreement, defined below; and
RESOLUTION NO. 2833-07
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
ACCEPTING THE SKY FOREST ACRES WATER MAIN EXTENSION
14
15 WHEREAS, Owner wished to develop project known as Sky Forest Acres; and
16
17 WHEREAS, the District's Board of Directors approved Owner's request for the
18 main extension (Main Extension) on July 6, 2006, subject to execution of a Main
19 Extension Agreement, which was executed by the Owner and by the District on July 6,
20 2006 (Agreement); and
21
22
23
24
25 WHEREAS, Owner completed construction of the Main Extension which consists
26 of approximately 1,000 feet of an 8-inch pipeline for which Owner paid One Hundred
27 Seventy-Three Thousand, Nine Hundred Seventy-Five Dollars ($173,975.00) to its
28 contractor for construction of the Main Extension and reimbursement for permit fees;
29 and
30
WHEREAS, the Tahoe Regional Planning Agency has determined that the
project is exempt from review under the National Environmental Protection Act; and
'"
'"
\.,
1
2
3
4
5
6
7
8
9
10 NOW THEREFORE, be it resolved that the Board of Directors accepts the
11 dedication of the Sky Forest Acres Water Main Extension and authorizes the President
12 of the Board of Directors to execute the Certificate of Acceptance of the Dedication.
WHEREAS, Owner executed an Irrevocable Offer to Dedicate the Main
Extension to the District, dated June 21, 2007 (Dedication); and
WHEREAS, the Irrevocable Offer to Dedicate was recorded in the County
Recorder's Office on June 21,2007; and,
WHEREAS, Owner desires the District to accept the Main Extension and provide
regular water service to Owner's above described property.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
ATTEST:
28
29
30
WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
Resolution was duly adopted and passed by the Board of Directors of the South Tahoe
Public Utility District at a regularly scheduled meeting held on the 21st day of June, 2007
by the following vote:
Diretors Wallace, Jones, Farrell, Schafer, Mosbacher
None
AYES:
NOES:
ABSENT:
None
General Manager
Richard H. Sol brig
South Tahoe
Public Utility District
Directors
Kathleen Farrell
James R. Jones
Mary Lou Mosbacher
Duane Wallace
Eric Schafer
1275 Meadow Crest Drive - South Lake Tahoe - CA 96150-7401
Phone 530 544-6474- Fax 530 541-0614-www.stpud.u5
CERTIFICATION
I hereby certify that the foregoing is a full, true, and correct copy of
Resolution No. 2833-07 duly and regularly adopted by the Board of Directors of
the South Tahoe Public Utility District, County of EI Dorado, State of California,
n June 21,2007.
'-
~ h~:S~ ,f:J
Kathy Shar Clerk of the B'oard
South Tahoe Public Utility District
\.,
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Lisa Coyner
South Tahoe Public Utility District
1275 Meadow Crest Drive
South Lake Tahoe, CA 96150
THIS SPACE RESERVED FOR RECORDER ONLY
(Gov. Coe Section 27361.6)
IRREVOCABLE OFFER TO DEDICATE MAIN EXTENSION
This Irrevocable Offer to Dedicate Main Extension (Offer) is made by Accessible Space. Inc.
(Grantor) to the South Tahoe Public Utility District, a California public agency formed in 1950 pursuant to the
Public Utility District Act (District), on this 21st day of June , 200~, at South Lake Tahoe,
California, with reference to the following facts and intentions:
A. The District owns and operates a water treatment and distribution system (System) for the
beneficial use by the District and its customers located within the City of South Lake Tahoe and certain
portions of the County of EI Dorado, California;
l . B. Grantor [insert reason for Main Extension here] and therefore requested the District to
~prove a water main extension (Main Extension) to provide water service to his/her property;
C. The District's Board of Directors approved Grantor's requested for a Main Extension on
, 200...fi.., subj ect to the terms of a Main Extension Agreement, dated J u 1 y 6, , which
required dedication of the Main Extension facilities to the District after completion of construction; and;
D. Grantor completed construction of the Main Extension and desires to dedicate the Main
Extension facilities to the District pursuant to the terms and conditions of this Offer.
NOW, THEREFORE, the Grantor agrees as follows:
1. Offer of Dedication. FOR VALUABLE CONSIDERA nON, the receipt of which is
acknowledged, Grantor does irrevocably offer to dedicate the Main Extension to the District including, but not
limited to, all of the water distribution facilities installed by Grantor pursuant to the Main Extension
Agreement and located within the right-of-way described in Exhibit A, which is incorporated by this
reference.
2. Guarantv. Grantor represents and warrants to the District that the Main Extension shall be
free from all defects and material in workmanship for a period of one (1) year from May 18 , 2007
\r
3. Liabilitv. District shall neither incur liability nor assume responsibility with respect to the
t fain Extension until this Offer has been accepted by the District. After acceptance of this Offer, the District
~all bear all costs and expenses related to the Main Extension, except that the Grantor shall reimburse the
District the full cost and expense of any repairs or replacements made necessary by defects in materials or
workmanship that become evident within one (1) year after the date of acceptance by the District.
4. Main Extension Al!reement. The terms and conditions of the Main Extension Agreement
are incorporated by this reference. Grantor represents and warrants to the District that Grantor has installed
the Main Extension in compliance with the Main Extension Agreement.
5. Entire Offer. This Offer constitutes the entire agreement between the parties with respect
to the Offer and may not be modified in any way except, with the prior approval of the District, by an
instrument in writing, signed by Grantor.
6. General Provisions.
6.1. Recitals. The recitals stated at the beginning ofthis Offer of any matters or facts
shall be conclusive proof of the truthfulness thereof and the terms and conditions of the recitals, if any, shall
be deemed a part of this Offer.
6.2. Notices. All notices, approvals, acceptances, requests, demands ad other
communications required or permitted, to be effective, shall be in writing and shall be delivered, either in
person or by mailing the same by United States mail (postage prepaid, registered or certified, return receipt
l... quested) or by Federal Express or similar overnight delivery service, to the party to whom the notice is
~rected at the address of such party as follows:
TO:
SOUTH TAHOE PUBLIC
UTILITY DISTRICT
South Tahoe Public Utility District
1275 Meadow Crest Drive
South Lake Tahoe, California 96150
Attention: Lisa Coyner, Customer Service Manager
With a copy to:
Gary Kvistad, Esq.
Hatch & Parent
21 Carrillo Street
Santa Barbara, California 93101
TO: GRANTOR
Accessible Space. Inc.
2550 University Avenue, Suite 330N
St. Paul, MN 55114
Any communication given by mail shall be deemed delivered two (2) business days after such
mailing date, and any written communication given by overnight delivery service shall be deemed
delivered one (1) business day after the dispatch date. Either party may change its address by giving the
other party written notice of its new address.
\.
\..
6.3. Successors and Assigns. This Offer shall be binding and inure to the benefit of the
parties and their respective heirs, successors and assigns. Nothing in this Offer, expressed or implied, is
intended to confer on any person other than the parties or their respective heirs, successors and assigns,
any rights, remedies, obligations or liabilities under or by reason of this Offer.
6.4. Assignability. This Offer shall not be assignable, except to subsequent owners of
Grantor's property, by Grantor without the prior written consent of the District, who shall have the sole
discretion to consent or not to consent to any proposed assignment. Any attempted assignment without
the approval ofthe District party shall be void.
6.5. Waiver. No waiver by any party of any ofthe provisions shall be effective unless
explicitly stated in writing and executed by the party so waiving. Except as provided in the preceding
sentence, no action taken pursuant to this Offer, including, without limitation, any investigation by or on
behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance
with any representatives, warranties, covenants, or agreements contained in this Offer, and in any
documents delivered or to be delivered pursuant to this Offer. The waiver by any party of a breach of any
provision of this Offer shall not operate or be construed as a waiver of any subsequent breach. No waiver
of any of the provisions of this Offer shall be deemed, or shall constitute, a waiver of any other provision,
whether or not similar, nor shall any waiver constitute a continuing waiver.
6.6. Headings. The section headings contained in this Offer are for convenience and
reference only and shall not affect the meaning or interpretation of this Offer.
~
6.7. Severability. If any term, provision, covenant or condition of this Offer shall be or
become illegal, null, void or against public policy, or shall be held by any court of competent jurisdiction
to be illegal, null, void or against policy, the remaining provisions of this Offer shall remain in full force
and effect, and shall not be affected, impaired or invalidated. The term, provision, covenant or condition
that is so invalidated, voided or held to be unenforceable, shall be modified or changed by the parties to
the extent possible to carry out the intentions and directives set forth in this Offer.
6.8. Counterparts. This Offer may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all of which shall constitute one and the same instrument.
6.9. Governing Law. This Offer shall be governed by, and interpreted in accordance
with, the laws of the State of California to the extent California Law is applicable to the United States,
with venue proper only in the County ofEI Dorado, State of California.
6.10. Parties in Interest. Nothing in this Offer, whether expressed or implied, is
intended to confer any rights or remedies under or by reason of this Offer on any persons other than the
parties to it and their respective successors and assigns, nor is anything in this Offer intended to relieve or
discharge the obligations or liability of any third persons to any party to this Offer, nor shall any provision
give any third persons any right of subrogation or action against any party to this Offer.
\.,
\.
6.11. Attorney Fees. If any legal proceeding (lawsuit, arbitration, etc.), including an
action for declaratory relief, is brought to enforce or inteIpret the provisions of this Offer, the prevailing
party shall be entitled to recover actual attorneys' fees and costs, which may be determined by the court in
the same action or in a separate action brought for that pUIpose. The attorneys' fees award shall be made
as to fully reimburse for all attorneys' fees, paralegal fees, costs and expenses paid or incurred in good
faith.
6.12. Good Faith. The parties agree to exercise their best efforts and utmost good faith
to effectuate all the terms and conditions ofthis Offer and to execute such further instruments and
documents as are necessary or appropriate to effectuate all of the terms and conditions of this Offer.
6.13. Construction. The provisions of this Offer should be liberally construed to
effectuate its purposes. The language of all parts of this Offer shall be construed simply according to its
plain meaning and shall not be construed for or against either party, as each party has participated in the
drafting of this document and had the opportunity to have their counsel review it. Whenever the context
and construction so requires, all words used in the singular shall be deemed to be used in the plural, all
masculine shall include the feminine and neuter, and vice versa.
6.14. Several Obligations. Except where specifically stated in this Offer to be
otherwise, the duties, obligations, and liabilities of the parties are intended to be several and not joint or
collective. Nothing contained in this Offer shall be construed to create an association, trust, partnership,
or joint venture or impose a trust or partnership duty, obligation, or liability on or with regard to either
party. Each party shall be individually and severally liable for its own obligations under this Offer.
\.
6.15. Authority. The individuals executing this Offer represent and warrant that they
have the authority to enter into this Offer and to perform all acts required by this Offer, and that the
consent, approval or execution of or by any third party is not required to legally bind either party to the
terms and conditions of this Offer.
6.16. Entire Agreement. This Offer contains the entire understanding and agreement of
the parties, and supersedes all prior agreements and understandings, oral and written, between the parties
that have not been explicitly incoIporated into this Offer. There have been no binding promises,
representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any
character or nature, except as stated in this Offer. This Offer may be altered, amended or modified only
by an instrument in writing, executed by the parties to this Offer and by no other means. Each party
waives its future right to claim, contest or assert that this Offer was modified, canceled, superseded or
changed by any oral agreement, course of conduct, waiver or estoppel.
IN WITNESS WHEREOF, grantor has executed this Irrevocable Offer to Dedicate Main
Extension on the day and year and at the place first written above.
Grantor
~r--...~E?
(Signature)
~~,..~C
\.., (Name)
ACKNOWLEDGEMENT
\.,
~ \ (\ N'SCl.-\--l:...
State of CalifulUia-
County ofE~
)
)
)
On""S\..J..1\.D ~ , 200l before me, Do..n',p\ \( L'-\ ()(\. ~nert\.- ~~el,~otary
Public, personally appeared ~ ~ \Jc!.:r\O-Df~~~a~ , personally known to me, or
proved to me on the basis of sat is fa tory eVIdence to be the person(s) whose name(s) Is/are subscnbed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
.:t,~'''... DANIB.LE LYNN HERRERH.\,~!m"LD
NOTARY PUBLIC
MINNESOTA
_CIIII...I. ExpIla.... 31. 2011
\.,
\...,
I
,...,tecording Requested By:
Lisa Coyner, Manager of Customer Service
SOUTH TAHOE PUBLIC UTILITY DISTRICT
And When Recorded Mail To:
South Tahoe Public Utility District
1275 Meadow Crest Drive
South Lake Tahoe, CA 96150
TITLE (S)
NOTICE OF COMPLETION
SKY FOREST ACRES W AlER MAIN EXlENSION
\.,
\...,
~
JUN-08-2007 11:51
STPUD
530 541 0614
P.03
\.,
NOTICE or COMPLETION
Notice purswmt to Civil Code Section 3093, must be filed within 10 days after completion
Notice Is htreby given that;
1. The undersigned is owner or corporate officer oftbc owner of the interest or estate stated below in the
property hereiDaftcr dcscrlbed:
2. ThcfilUnatMoftheowneris Lake Tahoe ousing, Inc.
3. ThofuIIaddressoftheowueris c 0 Accessible S 2550 University Avenue
Suit~ ~30N. St. Paul. MN 55114
4. The DIltUre 01100 interest or estUe of the owner is; in fee.
5, The 1Wl names and full addresses of aU persons, if any, wOO bold title with the undetsigned as joint
tenants or as tenantS in common are:
NAMeS ADDRESSES
N/A
\.,
6. A wotk of improvement on the property hereinafter described was oompleted on APP~'l(. S - l s: - 0"
The work was: \N~ VIA.l~u~ ~O~
7. 1"he name oftbe coDtracto!i,. i! any, for such work of improvement was -:
~t6t~,~.t> \%.05. ~c.... B-.k\ - 0(.,. __
(ItDO 00Gt.fIdllI" fell' ~ qf lmpJOVOIDOiIt .. a whola, inIc:n "Ilon.") (Da~ of CCDtnII:t) --..
8. Tho property on which said 'M)dc of improvemem WILS completed is in tho clay of ~ ~1CC \ A.\-\6~
CountyotB- "'t:l6QA.bo . S1ateofCaHtomia, andisdescribedasfoUows: ~ ~l~~
oCCE~S\()~ ~~ ':Ii.)"\E.(<.s.e:..,T\~~ 6~ \O~c::.,T'/i2N-*=~ +.-\IE. ~~~
o~ R66eii? A\)E.. "TQ A.t:>bR~SS I
9, The street address oCsaid property is -c ~c FJ.t~~"M-{ ~, ~ LIo\\.~ \A.~, CAr:.
{Jfno fire<< adcIrea Iw bMd officiaUy ...iped, iaHrt ~j
Dated: .JIIQe 11. 7007
Verificmoa fer IDdiviclW 0WaI:r
r-'~~~
Bradley A. Fuller, Vice-President
VUD'ICAll0N
I, the UDdersigDed, say: I am the Board PtesideN the dcc1ataIlt of the foregoing notice of <:ompletion; I
have read said IIOlicc of completion and know the coDtcnts tlmeof, the same is true of my own knowledge.
I declare uncIet peuaIty of peIjuty that the foregoing is 1rue and. oorrect.
Executed on ,.::;- C\.--t~ ~I :J..('~)/... at South Lake Tahoe. California.
(DIU ohjpllltD)
__.............. .....~Jr ~h~_........_ _....)
~~