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HomeMy WebLinkAbout78-059B_-~,--. -~ . RESOLI7TZON NO. 75-59 b RESOLUT~ON AUTHQRTZZNG EXECUTION 4F AGREEMENT SETWE~N THE DEL ORO WATER COMPANY AND THE COUNTY OF BUTTE WOODRIDGE ASSESSMENT DTSTRZCT The Board of Supervisars of the County of But~~ resolves; As a part o~ the proceedings for ~mprovements'in Waodridge Assessmen~ DiStr'iC~r County o~ Butte, S~ate of Cali.~a~nia, this Board o£ Supervisors appxoves tha~ certain agreement between the County of Butte, Sam Fortino Realty, Inc., and Paradise Pxnes Mobile Home Estates, Znc., a jaint venture partnership, and De7. Ora Water Company, dated the ~.4th day of Ma~ch , 1978, at~ached ~to this resolution. The Chairman of ~he Board ot Supervisors is authoriz~d to sign the agreement and the County Clerk is authorized to attest its ex~cution. ~ ~ ~ I HEREBY CERTIFY that the ~oregoing resolu.tion was duly and r~gula~3.y adopted by the Baard af Supervisors of the County of Butte, S~ate of California, at a regu~.ar meeting thexeof, he1.d an ~he ~~-st day of March, 197$, by the tollowing vote, to wit: AYES : SuperVi.sor5 Mad~.~an. Mosele~ Ri.c~.ter and _Chairman Winston NOES : Supervisors None ABSENT: Supe~visozs ~e~ke CLARK A. NELSON, County C1.Erk, County af Bu~.te, State of Cali,~ornia ~~i~C.. ~ ~ ~" ~~~ ;. A G R E E M E N T ° TH~S AGREEMENT, made and entered into this I~th day o~ Ma~ch , I978, by and between th~ COUNTY OF BUTTE, a political subdivision o~ the State of California, hereinafter , called "County," SAM FORTINO REALTY, INC., and PARADISE PINES MOS~LE HOME ESTATES, ZNC., a join~ venture pa~tnership, hereinafter ca~led "Owner," and the DEL ORO WATER COMPANY, he~einafter called °Company;" W I T N E S S E T H: WHEREAS, Owner is the owner o£ all that certain tract of land situated in the County o~ Butte, S~ate af California, within the boundaries of a map on fzle in the o~~ice of ~he Co~n~y Clerk of the Coun~y of Butte, designated, "Proposed Boun.daries of Wood- ridge Assessment District, County o~ Butte, State of Ca~.a.fox~nia;" and WHEREAS, the Board o~ Supe~viso~s of the Caunty of Butt~, pursuant to the provisions of the Municipal Improvement Act of 1913, has adop~ed a Resolu~ion of In~entian on ~he 24~h day of January, 1.978, for the farrtiation af a specia~ assessment dist~ict to canstruct certain imp~ovements within the bo~ndaries ot said dis~rict herein- af~.e~' refe~~ed to, including, ax~ong other things, a system of water dxstribution tacilities, wh~ch said system is ~hown upon the pyans and specifications ~ahich have been prepared by the Engineez of Wark zn said assessment distr~ct proceedings, and which said pZans and sp~ci- fications are on fi3.e a.n the offzce ot the County C~erk of the Connty o~ B~tte, and which said plans and speca.f~.cations ~or said system of vaater distribution faci~ities are, by this ~e~erenc~, incorporated herein and made a par't hereo~; and WHEREAS, undex the special assessment distzict px~oceedings above refer~ed ~o, which are known as Woadridge Assessment District, Caunty of Butte, State of Ca~,a.fornia, al~ of ~he improvements and ~aci- - lities, including the systein o~ wate~ distrxbution faci~.i~i~s~ are pro-- vided to be constructed accarding ta the plans and speci~ications; and -1- ~ ~ ~ ~~ .....- -- -_ .__. ._......__..__.~.. , .._.... _ . _ __.. . . . .. .: . ,_ - -.._..._.... _ _.._____ _ __..__. . _. WHEREAS, Resolution of Intention Na. 78-~5, passed by the Board of Supervisors of the County of Butte on January 24, 1978, pro- vides tha~ the water distribution system, when complet~d, shall be conveyed to Campany by County, NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREEn A5 FQLLOWS: 1. Owner will arrange with County for the cammencem~nt and prosecution to completion of the installation of said system of water distributzan faci~ities, in accordance wzth the plans and spec~fications. 2. County sha~l, upon the completion of said syst~m of water distribution ~ac~~ities, ~xecute and deiiver to Company a can- veyance in torm, a copy of whzch is attached here~o marked "~xhibit A," and by reference made a part hereof, conveying said system of water distribut~on facil~ties to Company. ~ Owner shall defend Company's title and possession in and to said system af water distribution faci~iti~s and sha11 indemni- fy Company against any claim, loss or expense occasioned Company dir- ect~y or indix~ct~y as a resul~ of any attack on said title or possession by any firm, corparatian or municipal or other public body or agency whatsoever. 3. Company agrees, upon completion o~ said 5ystem af water d~stribution ~aci~ities and the receipt of conveyance speci- ~ied in Sectian 2. to operate and maintain said system o~ water d~s~ tribution ~acilities and to provide domestic water to ~hE property served thereby in accordance with the zules of the Health Officer of the County of Butte and the regu~at~ons of the P~blic Uti~ities ~Comm~ssion. Company wil~ hold County harmless of any damage or injury to persons or property caused by Campany in the aperation of said water dist~ibution ~aci~ities. _2Y . ~ - ........_.. ................ ---._...... .. . .. . __~....~_.. .. _......_...... ..___ _...._ T__. T_-_ --....___, 4. Owner h~reby grants to Company a~l nece~sary ease- ments and rights-of-way foz the ins~allatzon, op~ration, maintenance, repair and replacement af said system af water distribution faci~it~es and al~ parts thereof, and all necessary righ~s af ~ngress the~eto and ~gress therefrom, and Owner hereby further agrees to execu~e, in the name af Company, such other and ~ur~her grants, conveyances, deed or other documents, together with all o~her easements and rights- of-way as may be d~emed necessary ta Company to protect or effectuate the r~ghts herein granted ta it or to perfect such rights of record. S. Nothi~g herein contained sha11 ob~igate Company to install any underground pipe, cables, or a~he~ equipment extending from said syste~ a~ water distribut~an faciZi~ies. 5. It is agreed by the parties hereto that in the event ~ the facilities constructed pursuant ~o this agreement are ever p~i- vately pu~chased, or purchased or taken by eminent dama~n by any publzc en~ity, the proceeds of the disposition o~ such faciZities, if any, sha11 be held in trust for the benefit of the owners of the Zand assessed, to be disposed of as a cou~t of competen~ jurisdiction sha12 direct. Company sha~1 rec~rd the cost of plant financed with ~he proceeds of special assessment bonds in apprapriate pla~t accounts, with a contra credit to Account 265, Contributions zn Aid of Construc- t~on. Company is p~ahibited from paying refunds an such plant. 7. Tt is understood by the parties hereto that the foregoing provisions af this agreement are in acco~d with the ord~r of the Public Utilities Cammission of the State of California made on Apri1 7, 1970, in its Decision No. 77035, insofar as said decision and arder per- tained to in-trac~ wat~r facilities financed by assessment bonds, and that it is the intent o~ the County to express by said provisions ~he ~ame ~im~tatian on the title of Company which it has always ~n- ~ended w~th respect to water facilities constructed and/or acquir~d by Caunty pursuant to Sections 10109,. 1d~10 of the Streets and Hzghways Code, na~e~y, that the tit~e of a private water company ~n and to such facili~ies is held in trust for the owners of the land assessed -3- ~.,__..,. . ._ .._..._. - -~ .._.. ..., _., .. _ _.. _ __. . ~ _ _. __.._ -....... _. __ ~or the sole pu~pose of rendering water service to such 1and. 8, This agreement is subj~ct to apprava~ o~ the Public Utzlities Commission of the S~ate of CaZifornia. IN WZTNESS WHEREOF, the ~es hereto have hereunto sub- scribed their names, Company a County their repres~n~atives duly autharized, the day and year in this agree ent firs~ above written.. ~ COUNTY O B E, olit'ca1~ s~bdivision of the S~t of rC~~farn ' a/ By By ATTEST: - CLARK A. NELSON, County C~e~k By~~~~`~-~ ~~ "County" SAM FORTINO REALTY, INC., and PAR.ADTSE ,•~~+~~~~+~.,:,,,. PINES MOBILE HOME ESTATES, INC. , a Joint ,,;,_,_.. ~ _, - Venture Partnership ~ - ,~t , . L: ~ c ir~an, Boardj af Supe3~sars FORTINO, President . "Owner" DEL ORO WATER C By . r'ux'rl~u, vice rresxaen "Company" -4- ~ C O N V E Y A N C E KNOW ALL MEN BY THESE PRESENTS, that the Caunty of Butte, a political subdivision of ~he State af Ca~ifornia, for good and va~uable consideration, the receipt whereof is hereby acknowledged, does hereby quitcZaim unto th~ DEL ORO WATER COMPANY c~r~ain wa~er dist~ibutian faci~ities heretafo~e installed and const~ucted wi~hin the boundaries o~ woodrxdge Assessment District, Coun~y o~ Butte, Sta~e of Cal~~ornia, pursuant ta p~oceedings conducted by the Board of Supervisors of the Coun~y of Butte under Resolution of Intentian No. 78-15, adopted on the 24th day af January, 1978, and proceedings subsequent there~o. A1~ of the insta~lations herein conveyed ar~ in ~he County of Bu~te, Sta~e of California, and within the easements, streets and public roads w~thin the boundaries of said d~strict. The approximate lvcation of said faci~~ties is mare particularly showzi and delineated on ~he plans show~ng the work to be done in said assessment district, which said plans are ~ on fi1~ in ~he office of ~he County Clerk o~ the Caunty of But~e, and said plans are hereby by this reference made a par~ hereof. The conveyance of sazd system of water distribution facilities is made subject fio ~he provisions set ~ar~h in Section 6 of that certain agreement between the County of Butte, Sam Fortino Realty, Inc., and Paradise Pines Mobile Home Estates, ~nc., and De1 Qro Water Company, dated the day of , 1978. TO i~AVE AND TO HOLD UNTO THE DEL ORO WATER COMPANY, ITS SUCCESSQRS AND ASSIGNS, FOREVER. ZN WTTNESS WHEREOF, the County o~ But~e has hereunto caused th~s~ presents to be executed this day of , 1978. . COUNTY ~F BUTTE, a pol~tical subdivision of the State of California By ATTEST: ~ Chai~man, Board of Supervzsors CLARK A. NELSON, County C~erk By - ~ "Exhibit A" .. _.._...._ .. _, _ _. ._ . _.. _ _ _ . _ _ _ __ _ . _. . ~_ _ ,,_..~_. .