Item Coversheet

SAN BENITO COUNTY

AGENDA ITEM
TRANSMITTAL FORM

Mark Medina

District No. 1

Anthony Botelho

District No. 2

Peter Hernandez

District No. 3

 

Jim Gillio

District No. 4
Vice-Chair

Jaime De La Cruz

District No. 5
Chair


Item Number: 16.



MEETING DATE:  9/10/2019

DEPARTMENT:
COUNTY COUNSEL

DEPT HEAD/DIRECTOR: Barbara Thompson

AGENDA ITEM PREPARER: Barbara Thompson

SBC DEPT FILE NUMBER: CSA #50

SUBJECT:

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Approve Memorandum of Understanding with Dunneville Estate Common Properties, Inc, the property owner on which CSA facilities are located, 1) authorizing payments of CSA #50 funds in the amount of $8,400.00 (for FY 19-20), and $4,200.00 per year thereafter, plus an annual COLA; and 2) granting an easement to the County.

SBC FILE NUMBER: CSA #50



AGENDA SECTION:

CONSENT AGENDA

BACKGROUND/SUMMARY:

The original subdivider of Dunneville Estates set aside a plot of land for a wellsite including pumps, a pump house, a water storage tank, and a discharge/distribution pipe to provide water service to the residents of Dunneville Estates.  This property was not originally conveyed to the CSA or to the individual property owners of  Dunneville Estates.  Recently, this occurred. 

Easement:  This agreement also formally grants an easement to the County to the Well Site Property, and indicates that the parties shall work collectively to record said easement during the term of this agreement.

 

October 25, 2017, the Owners formed a California corporation, DECPI, to take title to the Well Property from the Subdivider with each Owner currently a shareholder in DECPI.

 

DECPI desires to purchase casualty and general liability insurance for the Well Property, and has other annual operating expenses.

 

The provisions for the operation and maintenance of the Dunneville Estates water system by and through CSA 50 are set forth in the CSA formation documents and those provisions are not altered or amended by this MOU.

 

The funds provided to DECPI could be used for the following Operating Costs:  taxes, tax preparation, insurance, maintenance, testing, replacement of all storage and pumping systems, professional consulting services, and any other costs reasonably associated with the ownership and possession of the water system.  Notwithstanding the above, the County is the designated operator of the water system. No work shall be performed on the water system (including but not limited to the well, storage, and/or and pipes/pumping system) or perform any of the functions or responsibilities of CSA 50 without the express written permission of County.



BUDGETED:



SBC BUDGET LINE ITEM NUMBER:



CURRENT FY COST:



STAFF RECOMMENDATION:

Approve Memorandum of Understanding with Dunneville Estate Common Properties, Inc, the property owner on which CSA facilities are located, authorizing payments of CSA 50 funds in the amount of $8,400 (for FY 19-20), and $4,200 per year thereafter, plus an annual COLA, and granting an easement to the County, and authorize the Chair to sign. 

ADDITIONAL PERSONNEL:


BOARD ACTION RESULTS:

Approved Memorandum per staff recommendation. (5/0 vote)
ATTACHMENTS:
DescriptionUpload DateType
MOU and Grant of Easement9/6/2019MOU