Lake LAFCO Executive Officer’s Report January 15, 2019 TO: Lake Local Agency Formation Commission From: John Benoit, Executive Officer SUBJECT: LAFCO 2020-0005 — Middletown Rancheria Annexation to the Callayomi County Water District (CCWD) ‘The Middletown Rancheria of Pomo Indians of California herein referred to as the Middletown Rancheria has requested annexation of 109.38 acres more or less (APN 014-005-08 to the Callayomi County Water District (CCWD) to receive domestic water services from the Callayomi County Water District for the proposed annexation territory located south Middletown and west of Highway 29. A resolution of application was adopted by the CCWD Board on June 13, 2019 requesting the Commission take proceedings for the annexation of the Middletown Rancheria (See Attachment #1). ‘The Rancheria property, located at 22223 South Highway 29 in Middletown, and contains the Twin Pine Casino and Hotel, a government administration complex, tribal member's homes, and ‘a commercial property for future development and is currently is receiving Callayomi County Water District water through an out of agency service agreement between the Middletown Rancheria and the Callayomi County Water District EXECUTIVE OFFICER'S RECOMMENDATIONS: Adopt the proposed Resolution 2020-0001 (see Attachment #2)) approving an annexation of 109.38 acres more or less to the Callayomi County Water District (Assessor's Parcel: 014-005-08) to receive domestic water services from the Callayomi County Water District for the annexation territory located at 22223 State Highway 29 in Middletown subject to the recommended terms and conditions (LAFCO project 2019- 001) ‘Suggested Motions: Adopt proposed Resolution 2020-0001 approving the Middletown Rancheria Annexation consisting of 109.38 acres more or less into the Callayomi County Water District. I BACKGROUND: A. Summary: ‘The Middletown Rancheria requested annexation of 109.38 acres more or less to the Callayomi County Water District (Assessor's Parcel: 014-005-08) to receive in district domestic water services as an in district customer from the Callayomi County Water District. ‘The purpose of this annexation is to provide in-district domestic water to the property, whic! currently available by CCWD. Thirty houses are being served out of agency by the Callayomi County Water District along with fifteen additional houses under an out of agency service agreement recently approved by LAFCo. Middletown Rancheria Annexation 1 Callayemi County Water District, Jamuaty 15,2020)County Water District and the Middletown Rancheria have agreed the manner in which domestic water services will be provided to the territory, which is located within and consistent with the CCWD Sphere of Influence as adopted on July 17°, 2013 (See Attachment #3, Service Agreement of Municipal Water Service), The proposed annexation is not located within the Middletown Urban Development Area of the 2008 General Plan Update as well as Community Growth Boundary in the Middletown Area plan adopted in 2010. The Middletown Rancheria is not subject to the County's Land Use Authority The site for the proposed annexation territory is not zoned and planned for by the County since the site is in trust lands. This property is not contiguous to the district. The County Water District Act allows non-contiguous properties to be annexed to the district. Government Code Section 56662 allows the Commission to make determinations for uninhabited territory without notice and hearing provided there is 100 percent landowner consent. This proposal qualifies since The Middletown Rancheria owns 100 percent of the land to be annexed and LAFCo has not received any written demand for a public hearing. In addition the parcel is in the Callayomi County Water District (CCWD) sphere of influence and water conveyance infrastructure is available to the sit. Staff recommends the Local Agency Formation Commission approve this Annexation bringing the 109,38 acres of territory into the CCWD boundary subject to the terms and conditions stated in proposed Resolution 2020-0001. B, Proposal and Justification The purpose of the proposed project is to annex a total of 109.38 acres more or less into the Callayomi County Water District for reliable domestic water service. The annexation territory is currently uninhabited meaning there is less than 12 registered voters. The South Lake County Protection District is the area’s structural fire service provider. Other services such as law enforcement, road maintenance and wastewater ate provided by Lake County. ‘Annexing this parcel into the CCWD will provide safe and adequate reliable domestic water for structures and most importantly fire protection for the site from a public water system. ‘This annexation is exempt from CEQA Classes 19 and 20 Annexation of Existing Facilities for lots for exempt facilities and Changes in Organization of Local Agencies and 15061b (3) General Rule Exemption and CEQA Guidelines section 15378(b)(5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. According to the CCWD MSR Adopted on July 17, 2013, The Callayomi County Water District provides the primary source of potable water consumed by the community of Middletown. The district owns, operates and maintains the water system facilities, which include a water treatment plant, three water supply wells, two storage tanks, and a booster station with two pumps, ‘transmission and distribution mains, 70 fire hydrants (1), and 450 metered water services both * Callayom| County Water District, Water System Master Pian, October 2007, Prepared by Coastiand Civil Engingering- ‘Construction Management-Buiking Department Services, Page 1-1 Midaletown Rancheria Annexation 2 ‘allayom County Water District January 15,2020inside and outside the District boundary (366 active accounts and 84 inactive accounts)(2). The district has an excess of 243,057 gpd. However, exceeds capacity for Peak Demand based on 477 active accounts of which 366 were active at the time (CCWD Water System Master Plan 2007). Much of the infrastructure was destroyed during the Valley Fire but has been rebuilt. C. Location ‘The property is generally located South of Middletown and west of SR 29 D. Purpose ‘The purpose of this annexation is to provide for a safe and reliable domestic water supply to serve the Middletown Rancheria ANALYSIS. A B. Accepted for filing: Publication and Posting: Compliance with CEQA: Lead Agency: Responsible Agency: Environmental Finding: Date of Finding: Compliance with applicable Plans: Dec 15, 2019 N/A Exempt from Hearing Requirement Exempt (see Attachment #4) ccwp LAFCo Notice of Exemption Classes 19 and 20 and General Rule July 15,2019 Lands within the trust are exempt from local general plans and zoning Compliance with applicable Spheres of Influence: ‘The Sphere of Influence for the CCWD was updated (July 2013) and includes the annexation area. Existing Land Use and Zoning: - LAND USE DESIGNATION: - ZONING! - DWELLINGS: - POPULATION Tribal Lands not applicable Tribal Lands not applicable 30+ 15 new units 100 ® Catiayomi County Water District, General Manager! Board members, June 13, 2013. Midaletown Rancheria Annexation Callayomi County W: January 15,2024 ter Districtm. LAFCO is charged with applying the pol - REGISTERED VOTERS: LESS THAN 12. G. LANDOWNER (S): ‘The Middletown Rancheria 1H, Existing Land Use and Zoning for Surrounding Territory: The current land use for the annexation area is thirty dwellings and a casino = North: Suburban Residential = South: Resource Conservation and Rural Residential ~ Bast: SR 29 & Suburban Residential - West: Rural Lands 1. Proposed Development: Housing to alleviate a housing shortage on the Rancheria J. Fiscal Data: According to Resolution 2019-163 adopted on November 19, 2019, Board of Supervisors adopted Resolution Pertaining to Tax Revenue Exchange for Annexation to the Callayomi County Water District, there will be no property tax exchange for base property tax and incremental property tax for the territory to be annexed, K. Existing and Proposed Service Agencies: Service: Existing Provider: Proposed Provider: ‘School Districts Middletown Unified School | Same District Fire Protection South Lake County Fire | Same | Protection District General Government Lake Count Same Police Protection Lake County Sheriff ‘Same j Off-site Drainage and Flood | Lake County Same Control Water Well Callayomi County Water Dian Wastewater Septic Septic Street Lighting Lake Count ‘Same Roads Lake Count Same Emergency Services ‘South Lake County Fire | Same Protection District POLICY ANALYSIS - Annexation GOVERNING LAW ies and provisions of the Cortese-Knox-Hertzberg Act to its decisions regarding annexations, incorporations, reorganizations, and other changes of government, Section 56668 of the Government Code states the following: Midaletown Ranckeria Annexation 4 Callayomi County Water Distict, January 15,2020Factors to be considered in the review of a proposal shall include, but not be limited to, all of the following: (a) (b) © @) ee wo @ (hy wo o (ky o Population, and population density; land area and land use; per capita assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated areas, during the next 10 years. The Need for organized community services; the present cost and adequacy of governmental services and controls in the area; probable future needs for those services and controls; probable effect of the proposed incorporation; formation, annexation, or exclusion and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent area: “Services,” as used in this subdivision, refers to governmental services whether or not the services are services, which would be provided by local agencies subject to this division, and includes the public facilities necessary to provide those services. ‘The effect of the proposed action and of alternative actions, on adjacent areas, on ‘mutual social and economic interests, and on the local governmental structure of the county. ‘The conformity of both the proposal and its anticipated effects with both the adopted commission policies on providing planned, orderly, efficient patterns, of urban development, and the policies and priorities set forth in Section 56377, The effect of the proposal on maintaining the physical and economic integrity of agricultural lands, as defined by Section 56016. The definiteness and certainty of the boundaries of the territory, the nonconformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unincorporated territory, and other similar matters affecting the proposed boundaries. A regional transportation plan adopted pursuant to Section 65080, and consistency with city or county general and specific plans. ‘The proposal's consistency with city or county general and specific plans. The sphere of influence of any local agency witch may be applicable to the proposal being reviewed. ‘The comments of any affected local agency or other public agency. ‘The ability of the newly formed or receiving entity to provide the services which area the subject of the application to the area, including the sufficiency of revenues for those services following the proposed boundary change. ‘Timely availability of water supplies adequate for projected needs as specified in Section 65352.5 Middletown Rancheria Annexation 5 CCallayomni County Water District, January 15,2020(m) (@) (0) ©) (q) ‘These factors will be reviewed with regard to the Middletown Rancheria Annex: ‘The extent to which the proposal will affect a city or cities and the county in achieving their respective fair shares of the regional housing needs as determined by the appropriate council of governments consistent with Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7. Any information or comments from the landowner or landowners, voters or residents of the affected territory. Any information relating to existing land use designations. The extent to which the proposal will promote environmental justice. As used in this subdivision, “environmental justice” means the fair treatment of people of all races, cultures, and incomes with respect to the location of public facilities and the provision of public services. Information contained in a local hazard mitigation plan, information contained in a safety clement of a general plan, and any maps that identify land as a very igh fire hazard zone pursuant to Section 51178 or maps that identify land determined to be in a state responsibility area pursuant to Section 4102 of the Public Resources Code, if it is determined that such information is relevant to the area that is the subject of the proposal. to the Callayomi County Water District. © (8) Population, and population density; land area and land use; per capita assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated areas, during the next 10 years. This annexation area consists of up to 45 dwelling units of which 30 have been on site for years. ) Need for organized community services; the present cost and adequacy of governmental services and controls in the area; probable future needs for those services and controls; probable effect of the proposed incorporation; formation, annexation, or exclusion and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas. “Services,” as used in this subdivision, refers to governmental services whether or not the services are services, which would be provided by local agencies subject to this division, and includes the public facilities necessary to provide those services. This project includes the provision of adequate and reliable water supply to serve the existing and new when homes are constructed. ‘The effect of the proposed action and of alternative actions, on adjacent areas, on mutual social and economic interests, and on the local governmental structure of the county. ‘The CCWD serves the Community of Middletown, Growth of the District depends upon growth in and around the community of Middletown. Middletown Rancher Call layomni County Ws January 13,2020(@ The conformity of both the proposal and its anticipated effects with both the adopted commission policies on providing planned, orderly, efficient patterns of urban development, and the policies and priorities set forth in (Government Code) Section 36377. ‘The annexation is not contiguous with the district boundary. (©) The effect of the proposal on maintaining the physical and economic integrity of agricultural lands, as defined by Section 56016 There should be no impact since the annexation area is receiving CCWD water and is not agricultural in nature, (9 The definiteness and certainty of the boundaries of the territory, the nonconformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unincorporated territory, and other similar matters affecting the proposed boundaries, ‘The boundary are definite and certain and ludes one assessor parcel (g) _ Consisteney with city or county general and specific plans. The proposed annexation is exempt from local land use control and the Lake County General Plan and Zoning Ordinance and the Middletown Area Plan. (h) The sphere of influence of any local agency, which may be applicable to the proposal being reviewed. The proposed annexation is within the near term Sphere Horizon for the Callayomi County Water District. The annexation does not conflict withthe Sphere of Influence of any other district. (The comments of any affected local agency. No comments received. @ The ability of the newly formed or receiving entity to provide the services which area the subject of the application to the area, including the sufficiency of revenues for those services following the proposed boundary change. ‘The CCWD has the ability to provide the annexation area with municipal water service. (k)___ Timely availability of water supplies adequate for projected needs as specified in Section 653525 ‘The CCWD provides domestic water service this area already. (The extent to which the proposal will affect a city or cities and the county in achieving their respective fair shares of the regional housing needs as determined by the appropriate ‘council of governments consistent with Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 Middletown Rancheria Annexation 7 CCallayorni County Water District, January 15,2020N/A (m) Any information or comments from the landowner or owners. ‘The Middletown Rancheria is in favor of the annexation to the Callayomi County Water District and has proposed this annexation to the distri (n) Any information relating to existing land use designations The proposed project is exempt from local land use control. (0) The extent to which the proposal will promote environmental justice. As used in this subdivision, “environmental justice” means the fair treatment of people of all races, cultures, and incomes with respect to the location of public facilities and the provision of public services. There are no issues associated with environmental justice with this proposal (@) Information contained in a local hazard mitigetion plan, information contained in a safety element of a general plan, and any maps that identify land as a very high fire hazard zone pursuant to Section 51178 or maps that identify land determined to be in a state responsibility area pursuant to Section 4102 of the Public Resources Code, if itis determined that such information is relevant to the area that is the subject of the proposal. ‘Not applicable Lake LAFCO General Policies Policy ‘Comment ‘Communication between local agencies is encouraged. | N/A NA Urban development proposals shall include annexation | N/A toacity where possible. LAFCO will normally deny proposals that result in | N/A This project does not urban spraw!. induce growth, Environmental consequences (CEQA) shall be | Consistent Exemption Class 19/20 considered. General Rule LAFCO will consider the impact of a proposal on the | N/A regional supply of housing for all income levels, LAFCO will favor proposals that promote compact | N/A urban form and infill development. Government structure should be simple, accessible, and | Consistent There is no indication of accountable. unnecessary complexity or lack of accessibility or accountability. Midaletown Rancheria Annexation 8 Callayorni County Water District, January 15,2020‘Agencies must provide documentation that they can provide service within a reasonable period of time. N/A The CCWD supports this annexation and has and will have the capacity to serve. Efficient services are obtained when proposals: Utilize Consolidate a isting public agencies. ies and services. Restructure agency boundaries to provide more logical, effective, and efficient services. NIA ‘Adverse impacts on adjacent areas, social and economic interests and the local government structure must be mitigated. NIA Conformance with general & specific plans required. Not applicable Boundari Definite boundaries ere required. Boundaries that are favored: Create logical boundaries & eliminate islands or illogical boundaries. Follow natural or man-made features and include logical service areas, Boundaries that are disfavored: Split neighborhoods or communities. Result in islands, corridors, or peninsulas, Drawn for the primary purpose of encompassing revenue-producing territories. Create areas where it is difficult to provide services. Consistent Reveriue neutrality required for all proposals. ‘Consistent ‘Agricultural and Open Space Land Conservation ‘Standards: Must ead to planned, orderly & efficient development. Approved Sphere of Influence Plan required Findings with respect to alternative sites required. Impact on adjacent agriculturaV/open space lands assessed. Agricultural Buffers ‘Consistent Need for services exists when: Public health and safety threat exists. ‘The residents have requested extension of non- growth-inducing community services. Subject area is likely to be developed for urban use within 5 years. ‘Consistent Middletown Rancheria Annexation 9 Callayomi County Water District, January 15,2020Exceptions are justified on the following grounds: Unique. Standards Conflicts. Quality/Cost. No Alternative. Consistent ‘No policy exceptions are needed or requested Annexation and Detachment Policies—Lake LAFCO General Policy ‘Comment Proposals must be consistent with LAFCO general policies. Consistent ‘A proposal must be consistent with the agency's Sphere Plan and Master Service Element. Consistent The proposal is within the CCWD sphere of, Influence Plan for Services required. NIA ‘Subject territory must be contiguous to the agency’s boundaries if required by law, or if necessary for efficient service delivery NIA This territory _is not contiguous with the existing district boundary. The detachment is necessary 10 ensure delivery of services essential to Health and Safety, NIA The Successor provider will be the most efficient service provider NIA ‘The service plans Tor districts, which le within a City’s Sphere of Influence should provide for orderly detachment of territory from the district or merger of the district as district territory is annexed to the Ci NA Detachment from a City or Special District shall not relieve the landowners within the detaching territory from existing obligations for bonded indebtedness or other indebtedness previously incurred. WA ‘Adverse impact of detachment on other agencies or service recipients is cause for denial. NIA ‘Aetion options include: Approval Conditional approval to require only a portion of the area to be detached, Denial. IV. Comments from the public and public agencies. NA ‘Middletown Rancheria Annexation 10 Callayorni County Water District, Janay 15,2020V. Staff Recommendations Staff recommends the Commission approve this annexation of 109.38 acres more or less and adopt Resolution 2020-0001 including terms and conditions, Respectfully Submitted, a band John Benoit, Executive Officer Attachments: Attachment #1 CCWD Resolution of Application Attachment #2 Proposed LAFCo Resolution 2020-0001 Attachment #3 ‘Agreement between the Middletown Rancheria and the CCWD. Attachment #4 Notice of Exemption Middletown Rancheria Annexation i Callayomi County Water District, Tanuary 15,2020ArtacH +4 \ RESOLUTION NO. 7-06-19 A RESOLUTION OF THE CALLAYOMI COUNTY WATER DISTRICT REQUESTING THE LAKE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF THE MIDDLETOWN RANCHERIA WHEREAS, Callayomi County Water Distriet (“District”) desires to initiate proceedings pursuant to the Cortese-Knox Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for the annexation of the Middletown Rancheria (“Rancheria”) of Pomo Indians of California (the “Tribe"); and WHEREAS, the District currently provides limited municipal water services to the Rancheria through an initial existing agreement and a recent out-of-area service agreement with the Tribe to provide water services to housing units at the Rancheria; and WHEREAS, the Tribe desires the District to continue to provide water services to its current Rancheria property and a property known as the “Martin Ranch” property, and has requested the District move forward with annexing the properties (collectively, “Tribal Property”); and WHEREAS, the District has sufficient water rights and an adequate supply of water to support further build-out and expansion of the District; and WHEREAS, the annexation of the Tribal Property will allow the District to provide enhanced municipal water services to an inhabited area that has no other means of acquiring such services; and WHEREAS, the District is requesting the Lake Local Agency Formation Commission (“LAFCo”) authorize the District annex the Tribal Property to provide the Tribe municipal water service; and WHEREAS, at the time and in the manner provided by law, the General Manager gave notice of the date, time, and place of a public hearing by the District Board of Directors to initiate these proceedings; and WHEREAS, a notice of intent to adopt this resolution of application has not been given to each interested and subject agency; and WHEREAS, there are no affected cities or districts within the meaning of Subdivision (2) of Section 56700 of the Government Code; and WHEREAS, the territory proposed to be annexed is inhabited and a map and description of the boundaries of the property is set forth in Exhibit A attached hereto and by this reference incorporated herein; and WHEREAS, this proposal is consistent with the sphere of influence of the District; andWHEREAS, all other legal prerequisites to the adoption of this Resolution have been met; and WHEREAS, it is desired to provide that the proposed annexation be subject to the following terms and conditions; 1, All costs incurred to complete the annexation including but not limited to Lake LAFCo and the State Board of Equalization costs will be borne by the Tribe. 2. All impact mitigation fees will be applied to any construction on this property after the completion of the annexation. 3. Terms of water service to the property shall be set forth in a services agreement, executed by the Tribe and District; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Distriet as follows: Section]. The Board of Directors hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. Section 2. The Board of Directors hereby acknowledges that District is the lead agency pursuant to State CEQA Guidelines Section 15367. Pursuant to State CEQA Guidelines Section 15381, the District is not a responsible agency for purposes of the Annexation because the District will merely continue to provide water service to housing units on the Tribal Property. Under State CEQA Guidelines sections 15378(b)(5) and 15319, the Distriet’s subs of the annexation application does not constitute a "project" subject to environmental review under CEQA. The submission of the application is merely an organizational / administrative activity of the District and LAFCo with no impact on the environment. ‘This project is also exempt from CEQA under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. Section 3. __ The Board of Directors directs staff to submit an application to the Local Agency Formation Commission of Lake County initiating the Annexation as set forth in this Resolution of Application, pursuant to the provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. Section 4. The Board hereby authorizes the General Manager prepare the necessary LAFCO application documents, conduct investigations, and file such application, as applicable. Section 5. The Board of Directors directs staff to file a Notice of Exemption with the County Clerk for the County of Lake within five (S) working days of the date of this Resolution.Section 6. The Secretary to the Board shall certify to the passage and adoption of this resolution and the same shall take effect and be in force upon its adoption. PASSED AND ADOPTED by the Board of Directors of the Callayomi County Water District on this |3 “day of Jva< , 2019 by the following vote: AYES: 4 NOES: “O~ ABSTAIN. — ABSENT: 1 Meri Browning, District Sec:a a= Loam | Fa — Stas ed LOIALSIC YILWM ALNNOD INOAVTIVD OL NOLLWXANNW VidaHONVa NMOLTIAGIN 2.0L2 sort ni caimin ickarion 8 ome NG SE ee ent TRACT ONE ALL THAT CERTAIN LAND REFERRED TO HEREIN BELOW SITUATE IN CALLAYOML RANCHO IN THE UNINCORPORATED AREA OF THE, COUNTY OF LAKE, STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT “19"F STATION” (A TWIN I5 INCH MADRONE TREE); THENCE, (1) NORTH 41°38°47" WEST, 3285.01 FEET TO THE MOST SOUTHERLY POINT AS SHOWN ON A MAP FILED ON MARCH 6" 2007 IN BOOK 81 OF RECORDS OF SURVEYS, AT PAGE 32, OFFICE OF ‘THE LAKE COUNTY RECORDER, SAID POINT ALSO BEING THE POINT OF BEGINNING; ‘THENCE, (2) NORTH 42°02'33" WEST, 928.42 FEET: ‘THENCE, (3) NORTH 48°32°20” EAST, 1039.77 FEET; ‘THENCE, (4) NORTH 41°04°48" WEST, 1033.77 FEET; ‘THENCE, (5) NORTH 48°54°10” EAST, 2154.88 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT-OF-WAY OF STATE HIGHWAY 29; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING COURSES: (© SOUTH 26°46'03" EAST, 27.39 FEET; ‘THENCE, (7) SOUTH 32°25°00” WEST, 34.64 FEET: THENCE, (8) SOUTH 27°35'00" EAST, 30.00 FEET: AAC ‘THENCE, (9) SOUTH 87°35'00” EAST, 34.64 FEET; paar u ‘THENCE, (10) SOUTH 27°35°00” EAST, 887.68 FEET; ‘THENCE, (11) SOUTH 06°37°S7” WEST, 30.23 FEE’ ‘THENCE, (12) SOUTH 27°35°00" EAST, 40.00 FEET; ‘THENCE, (13) SOUTH 61°48°02" EAST, 30.23 FEET; ‘THENCE, (14) SOUTH 27'35'00” EAST, 977.62 FEET; ‘THENCE, (15) LEAVING SAID RIGHT-OF-WAY SOUTH 49°22°01" WEST, 2700.91 FEET TO THE POINT OF BEGINNING. CONTAINING 109.38 ACRES MORE OR LESS, NOTE: THIS LEGAL IS FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS ‘NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND. MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. paATTACHMENT B Statement of Justification ‘The purpose of the requested reorganization is to expand existing water services. The Callayomi County Water District (“District”) has provided limited municipal water services to the Middletown Rancheria (“Rancheria”) of Pomo Indians of California (the “‘Tribe”) since 1984, The Tribe approached the District regarding annexation of the Rancheria, a property known as the “Martin Ranch” property, and other parcels the Tribe is in the process of purchasing that have not yet become sovereign tribal land. The District and Tribe have initiated discussions on the terms and conditions of the LAFCO process and service. The District has an existing agreement with the Tribe to provide water services 10 30 housing units at the Rancheria, The Tribe is experiencing a housing crisis and requested the District provide additional water service for the 15 additional units. Lake County LAFCO approved an out-of-area service agreement pursuant to California Government Code Section 56133 authorizing the District to provide extended services outside its jurisdictional boundary and outside its sphere of influence to respond to an existing or impending threat to the health or safety of the publie or residents of the affected territory. ‘The Tribe has requested the District move forward with annexing the current Rancheria and the “Martin Ranch” property as required by LAFCO approval of the out-of-area service agreement (collectively, “Tribal Property”). The District has an adequate supply of water to support the current number of permitted connections. The District’s annexation of the Tribal Property will allow the Distriet to provide water services in the same manner and through the same facilities as those provided to the portions of the Rancheria currently serviced. Further controlled build-out and expansion would require District approval as set forth in the draft services agreement.Attachment #2 Resolution # 2020-0001 LAKE LOCAL AGENCY FORMATION COUNTY OF LAKE, STATE OF CALIFORNIA A Resolution Making Determinations and Approving the Annexation of 109.38 acres more or less {0 the Callayomi County Water District -LAFCO File 2019-0005 WHEREAS, Middletown Rancheria has filed an application to annex 109.38 acres into the Callayomi County Water District (CCWD) known as LAFCO File 2019-0001, Middletown Rancheria Annexation to the CCWD. WHEREAS, The annexation include 109.38 acres more or less and is described and depicted in Exhibits “A” and “B", attached hereto and incorporated herein and filed with the Executive Officer of the Lake Locel Agency Formation Commission pursuant to the requirements of the Cortese-Knox-Hertzberg Local Government Reorganization Act (Section 56000 et seq of, the Government Code); and WHEREAS, the CCWD was formed in 1977 to provide domestic water services as provided for in section 30000 et seq, of the California Water Code; and WHEREAS, this Commission has authority to approve this annexation to said County Water District without notice and without an election where all property owners in said uninhabited territory have consented to said annexation, is within the Sphere of Influence and when no agency has requested a public hearing: and WHEREAS, the Executive Officer has waived notice and hearing as allowed under Government Code Section 56662; and WHEREAS, the Executive Officer reviewed the application and determined its completeness within 30 days of their submission and prepared and filed his report with this Commission at least five days prior to the regularly scheduled meeting during which thi application is to be considered; and WHEREAS, the Lake County Board of Supervisors adopted Resolution 2019-163 on ‘November 19, 2019 pertaining to the Tex Revenue Exchange for this annexation; and WHEREAS, this Commission has considered the application, the report of the Executive Officer, the Notice of Exemption for the 109.38-acre parcel currently receiving domestic water services for existing development, applicable General and Area Plans, LAFCO’s policies and cach of the factors required by Government Code Section 56668 to be considered in the review of 4 proposal; and WHEREAS, information satisfactory to this Commission has been presented that Middletown Rancheria has consented to this proposal in accordance with Government Code Section 56662; and LAFCO Resolution 2020-0001 I 019.0005 Middletown Rancheria Annex to the COWD ‘January 15,2020,WHEREAS, all interested parties and proponents of the proposal were heard at a public meeting held on January 15, 2020. WHEREAS, it is desired that the proposed annexation to the Callayomi County Water District be subject to the following terms and conditions: NOW, THEREFORE IT IS HEREBY RESOLVED, DETERMINED AND ORDERED by the Lake Local Agency Formation Commission as follows: 1, The foregoing recitals are true and correct. 2. In reviewing this application, the Commission finds that all property owners and fered voters in said territory have consented to this annexation into the Callayomi County Water District. 3, In reviewing this application, the Commission finds that water service to be provided by the Callayomi County Water District is necessary and that there will not be a duplication of other powers provided by any other service provider. 4. In reviewing this application, this Commission has considered each of the factors required by Government Code Section 56668 and LAFCO’s adopted policies. 5. The LAFCO Executive Officer's Staff Report including attachments and recommendation for approval of the proposal is hereby incorporated by reference and hereby adopted. 6. ‘The Boundary Description and Map submitted for this annexation have been reviewed and approved by the Lake County Surveyor prior to recordation of the Certificate of Completion. 7, Notwithstanding the effective date, the boundary description and map, if rejected by the State Board of Equalization or amended by LAFCO, will be revised at the expense of the applicant. The applicants shall be responsible for any associated costs. 8. The boundaries as recommended by staff or as amended by action of the Commission, are hereby approved as submitted and are as described in Exhibits “A” Geographic Description and “B” Map attached hereto and by this reference incorporated herein subject to the terms and conditions included, 9. As stated in the LAFCO Staff Report of January 15, 2020, the amount of base property tax and tax increment transferred shall be in accordance with Lake County Resolution 2019-163 attached hereto as Exhibit “C. 10. Said annexation territory is found to be uninhabited, 11. The subject proposal is assigned the following short form designation: Middletown Rancheria Annexation to the CCWD (LAFCO File 2019-0005). 12, The boundaries of the affected territory are found to be definite and certain. LAFCO Resolution 2020-0001 2019-0005 Middletown Rancheria Annex to the CCWD January 18,202013, The application for the annexation to the Callayomi County Water District (LAFCO. File 2019-0005) is hereby approved to provide domestic water services within the territory subject to the terms and conditions herein, 14. Further protest proceedings are waived and the Commission orders the 109.38-acre ‘more or less annexation to the Callayomi County Water District pursuant to Part 4 of Di 3 of the California Government Code commencing with Section 57000. Satisfactory proof has been given that the subject territory is uninhabited, that all landowners within the affected territory have given their written consent to the proposal and all affected agencies have not objected in writing to the waiver of conducting authority proceedings (Section 56663 of Government Code). Therefore, ‘The Commission does hereby approve and authorize the conducting authority to annex the territory described in Exhibits “A” and “B” , as amended to the Callayomi County Water District without notice and election 15. Notwithstanding the “Service Agreement for Provision of Municipal Water Service”, all applicable CCWD previously authorized assessments; taxes, fees and charges shall apply to this annexed territory upon recordation of the Certificate of Completion. 16. A Full Executed “Service Agreement for Provision of Municipal Water Service” shall bbe submitted to LAFCo prior to recordation of the Certificate of Completion, 17. All LAFCO, Lake County and State of California fees must be paid in full prior to filing the Certificate of Completion, LAFCO will forward invoices and (or) a list of estimated required fees or deposits to the agency prior to filing the Certificate of Completion. 18, The effective date shall be the date the Certificate of Completion is recorded. 19, One electronic copy (PDF), three large copies (18 by 24 minimum) and two 8 1/2 x 11 reductions of all maps along with an electronic copy (PDF) and two copies of the final geographic description shall be submitted to LAFCO prior to recordation of the Certificate of Completion. 20. Approval of this annexation is conditioned upon the applicant's obligation to defend, indemnify, and hold harmless the Lake Local Agency Formation Commission and its agents, officers and employees from any claim, action or proceeding against the Commission or its agents, officers, and employees; including all costs, attorney's fees, expenses and liabilities incurred in the defense of such claim, action, or proceeding to attack, set aside, or void the approval or determinations of this Commission concerning this annexation. The Lake Local Agency Formation Commission shall promptly notify the applicant of any such claim, action, or proceeding and be entitled to representation by counsel of its choosing, 21, The Executive Officer of this Commission is instructed to mail a certified copy of this resolution to those persons so indicated on the application and as required by Government Code Section 56882. 22. The Commission hereby affirms the Notice of Exemption included as part of the Executive Officer's report for this annexation the applicant shall be responsible for LAECO Resolution 2020-0001 2019-0005 Middletown Rancheria Annex tothe CCWD Sanuary 18,2020payment of any documentary handling fees required by the Lake County Clerk/Auditor. 23. The Executive Officer is directed to record a Certificate of Completion for this proposal upon completion of all proceedings and compliance with the terms and conditions. 24. Completion of proceedings shall be concluded within one year after adoption of this resolution. If the proceedings are not concluded within one year after passage of this resolution, all proceedings shall be terminated. PASSED AND ADOPTED at a regular meeting of the Lake Local Agency Formation Commission, State of California, on the 15th day of January 2020 by the following votes: AYES: NOES: ABSTAINS: ABSENT: Bruno Sabatier, Chair Lake Local Agency Formation Commission LAKE LOCAL AGENCY FORMATION COMMISSION ATTEST; JOHN BENOIT Executive Officer LAFCO Resolution 2020-0001 2019-0005 Middletown Rancheria Annex to the COWD ‘January 15, 2020,EXHIBIT “A* MIDDLETOWN RANCHERIA ANNEXATION TO THE ‘CALLAYOMI COUNTY WATER DISTRICT LAFCO 2019-0005 ALL THAT CERTAIN LAND REFERRED TO HEREIN BELOW, SITUATE IN THE CALLAYOMI RANCHO IN THE UNINCORPORATED AREA, COUNTY OF LAKE, STATE OF CALIFORNIA, BEING THAT PARCEL OF LAND AS DESCRIBED IN BOOK 49 OF DEEDS, PAGE 332, L.CR, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE “19% STATION” (A TWIN 15 INCH MADRONE TREE): THENCE, (1) NORTH 41°38°47° WEST, 3285.01 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL [AS SHOWN ON A MAP FILED ON MARCH 6" 2007, IN BOOK 81 OF RECORD OF SURVEYS AT PAGE 32 IN THE OFFICE OF THE LAKE COUNTY RECORDER, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE, ALONG THE BOUNDARY OF SAID PARCEL AS SHOWN ON. SAID MAP, THE FOLLOWING COURS! (2) NORTH 42°02°33” WEST, 928.42 ‘THENCE, (3) NORTH 48'32'20" EAST, 1039.77 FEET; THENCE, (4) NORTH 41°04°48" WEST, 1033.77 FEET; ‘THENCE, (5) NORTH 48°54°10” BAST, 2154.88 FEET MORE OR LESS TO A POINT ON THE SOUTHWEST RIGHT-OF-WAY OF STATE HIGHWAY 29; THENCE ALONG SAID RIGHT-OF- WAY THE FOLLOWING COURSES. (6) SOUTH 26°46°03” EAST, 27.39 FEET: THENCE, (7) SOUTH 32°25'00” WEST, 34.64 FEET: THENCE, (8) SOUTH 27°35'00” EAST, 30.00 FEET: THENCE, (10) SOUTH 27°35'00" EAST, 887.68 FEET: ‘THENCE, (11) SOUTH 06°37°5" 30.23 FEE THENCE, (12) SOUTH 27°35'00" EAST. 40.00 FEET: THENCE, (13) SOUTH 61°48°02" EAST, 30.23 FEL THENCE, (14) SOUTH 27°35°00" EAST, 977.62 FEET: ‘THENCE LEAVING SAID RIGHT-OF-WAY, (15) SOUTH 49°22°01" WEST, 2700.91 FEET TO THE POINT OF BEGINNING. CONTAINING 109.38 ACRES MORE OR LESS. NOTE: THIS LEGAL IS FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. APN. 014-005-08 MICHAEL S. CONSER, LS 8383. DA’“ae anes JOPALSIC SALVA ALNIOD INOAWTIVD OL NOLLWXANNY VISZHONVA NMOLIIOOINExuec BOARD OF SUPERVISORS, COUNTY OF LAKE, STATE OF CALIFORNIA 2 RESOLUTION NO. 2019-163 RESOLUTION PERTAINING TO TAX REVENUE EXCHANGE FOR ANNEXATION TO : CALLAYOMI COUNTY WATER DISTRICT (ANNEXATION - LAFCO PROJECT #2019-0005) é WHEREAS, Section 99 of the Revenue and Taxation Code requires, before the ey CO Executive Officer issues a certification of fling for a proposed jurisdictional change, 7 |[that an exchange of property tax revenue be negotiated between the affected agencies: and : WHEREAS, a proposed jurisdictional change has been filed with the LAFCO s || Executive Officer to annex certain properties to the Callayomi County Water District, with the LAFCO short form designation for such Proposal being LAFCO Project #2019-0005. NOW, THEREFORE BE IT RESOLVED, that: 2 1. Upon finalization of the LAFCO Project #2019-0005 Annexation, property tax revenues generated from within the annexed area shall be allocated as follows: ‘ Base Property Tax: The base property tax revenue currently allocated to the 7 County General Fund and all local taxing entities shall not be changed as a result 15 of this annexation. ig Future Property Tax: The future property tax increment allocated to the County : General Fund and all local taxing entities shall not be changed as a result of thic annexation. 2. The Clerk of the Board is directed to file a certified copy of this Resolution with the a State Board of Equalization, the Auditor-Controller of the County of Lake, and the x LAFCO Executive Officer. ala 22 lly 26 Iu 27 28 ||15 16 uv ae as 20 a 22 23 aa 26 a 28 This Resolution was passed and adopted by the Board of Supervisors of the County of Lake at a regular meeting thereof on November 14. 2019 by the following vote: AYES: supervisors Sabatier, Crandell, Brown, and Scott NOES: None ABSENT OR NOT VOTING:supervisor Simon ATTEST: Carol J. Huchingson Clerk of the Board \ 14 By: ke Députy APPROVED AS TO FORM: ANITA L. GRANT County Counsel , ap f V2 / / -2 of 2-ATTKE HM Ear 4h RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Callayomi County Water District 21282 Stewart Middletown, CA 95451 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 27383, 6103 APNe' “Space above this line for Recorder's use SERVICE AGREEMENT FOR PROVISION OF MUNICIPAL WATER SERVICE This Service Agreement for Provision of Municipal Water Service (this "Agreement’) is entered into by and among the Callayomi County Water District, a Califomia county water district (‘District’) and the Middletown Rancheria of Pomo Indians of California ("Tribe"). District and Tribe may each be individually referred to herein as a "Party" and collectively as the ‘Parties. RECITALS A. The Tribe is the beneficiary owner of that certain real property located County of Lake, State of California (‘County") and held in trust by the United States for the Tribe fancheria"). The Rancheria is located outside the District's boundaries and sphere of influence, and is more particularly described in Exhibit A attached hereto and incorporated herein. B. The District currently provides municipal water service to the Rancheria under that certain Agreement with Amendments | & lI for Water Service to Middletown indian Rancheria Lake County, California ("Initial Agreement’) C. The District is limited under the Initial Agreement to providing water service to ‘serve up to thirty (30) housing units at the Rancheria and currently does so. D. The Tribe was experiencing a housing crisis at the Rancheria, and members were currently living in trallers and other temporary housing arrangements. The Tribe needed to construct up to fifteen (15) housing units (‘Additional Units’) as soon as possible to address this crisis and associated health and safety concerns. However, the Tribe was unable to construct additional permanent housing units without water service from the District, and the District could not provide additional water service under the Initial Agreement. E. _Inllight of the above, the Tribe and the District entered into that certain Out of Area Service Agreement for Provision of Municipal Water Service ('0ASA") under which the District provides municipal water services to the Rancheria for the Additional Units ("Interim Services"), The OASA was approved by the Lake Local Agency Formation Commission ("LAFCO’) exyrpomraai0n32 DRAFT 6/1719) 1F. As a condition of LAFCO's approval of the OASA, the Tribe and District must apply to annex the Rancheria to the District G.__ The Tribe and District wish to execute this Agreement to establish the permanent terms and conditions for District service to the Additional Units and any additional water connections (‘Further Connections") requested by the Tribe and approved by the District. District water service to the Additional Units and Further Connections shall be the "Services." AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutyal covenants as well as for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows: 4. PROVISION OF SERVICES 1.1. District Provision of Service. Except as provided in this Agreement, the District shall provide Services to the Additional Units in the same manner and through the same facilities as services are provided to the portions of the Rancheria subject to the initial Agreement. The only new facilities necessary to serve the Additional Units shall be the laterals, meters and meter boxes necessary to serve each structure. Such facilities shal! be constructed by the Tribe at its sole cost and expense and in compliance with all District regulations. The District shall review and approve all plans and the constructed faclities prior to commencing Services. The Tribe shall convey such constructed facilities and any necessary easements to District upon request, without charge to District. 1.2. Further Connections. The Tribe may apply to the District to receive water service at any Further Connections. The District may grant or deny such requests in its sole discretion and may impose any then applicable laws, regulations or conditions on such Further Connections. The District shall determine whether it has sufficient water to provide service to any Further Connection prior to approving the same. Any new or additional facilities required to serve the Further Connections shall be installed af the Tribe's sole cost and expense. 4.3. Initial Agreement. Portions of the Rancheria receiving water service under the Initial Agreement shall continue to do so. Any breach of the Initial Agreement shall be breach of this Agreement, and any breach of this Agreement shall constitute a breach of the Initial Agreement. 2. PAYMENT FOR CONNECTION AND SERVICES The Tribe hereby agrees to and shall timely pay to the District any monthly or yearly charges for the Services, a connection fee, plan check fee, inspection fee, capacity charge, and any other applicable one-time or recurring fees and charges in effect and paid by the owners of similarly situated real property at the rate(s) established therefor by the District (subject to any adjustments provided for by the District from time to time), including any applicable penalties or interest lawfully imposed by the District ("Fees and Charges”). The District reserves the right to collect the Fees and Charges (or any delinquencies thereof) in any lawful manner. Pursuant to Section 1.1, the Tribe shall be billed for on-going Services in the same manner as the Tribe is billed for services under the Initial Agreement 3. CONDITIONS AND COVENANTS 3973 onoo121098832 DRAFT 61719 23.1. Compliance with Applicable Law, The Tribe will comply with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Lake or the District, as they apply to work undertaken pursuant to this Agreement, and all other provisions of the Agreement, 3.2, Indemnification 3.2.1. Indemnification of District, Tribe covenants to indemnify, defend and hold the District and its officers, employees, contractors and agents (“Indemnitees’) harmless trom and against any and all liability, loss, damage, costs, or expenses (including reasonable attorneys’ fees and court costs) (collectively, “Claims'’) arising from or as a result of the Tribe's failure to comply with any provision of this Agreement, or occasioned wholly or in part by any material act or omission of Tribe or its respective officers, employees, contractors and agents arising out of or in connection with this Agreement. In case the District shall, without fault, be made @ party to any litigation commenced by or against Tribe or any other person, then Tribe shall hold the District harmless by attomeys satisfactory to the District and shall pay all reasonable costs, expenses and reasonable attorneys’ fees incurred or paid by the District in ‘connection with such litigation 3.2.2. District's Right to Engage Attorneys. The District shall have the right to engage its own attorneys in connection with any of the provisions of this section or any other provision of this Agreement, including, without limitation, any defense of the District or intervention by the District, notwithstanding any contrary provisions of the laws or court decisions of the state. 3.2.3. Survival. The Tribe's obligations under this Section 3.2 (Indemnification) shall survive the termination of this Agreement. 4, NO OBLIGATION TO PROVIDE OTHER SERVICES Notwithstanding any other provision of this Agreement or applicable, the District shall not nave any obligation to annex the Rancher to the District, or to provide water to the Additional Units or any Further Connections except as expressly set forth in this Agreement 5. LAFCO APPROVAL; EFFECTIVE DATE OF AGREEMENT ‘The effective date of this Agreement is the date on which the Rancheria is annexed into the District (“Effective Date’) 6. DEFAULT; REMEDIES. If either Party fails to comply with any obligation hereunder, the non-breaching Party shall provide written notice of such default. The breaching Party shall be in default if: (a) with respect to a default involving the payment of money, it fails to cure it within the period of ten (10) days, or (b) with respect to any other type of default, (i it falls to cure it within the period of thirty (80) days, or (i) it commences to cure the default within such period of time, and if the default cannot be cured within the time specified above in (i), thereafter does not diligently proceed to complete the curing of the default. In addition to any other available rights in law of equity, in the event the Tribe defaults under this Agreement, the District shall have the right to seek damages, terminate this Agreement, or enjoin such violation or threatened violation in a court of competent jurisdiction. sso 721008232 DRAFT 6719 37. RECORDATION This Agreement shall be recorded in the Official Records of the County of Lake, State of California at the Tribe's cost. 8 MISCELLANEOUS PROVISIONS 8.1. Recitals. The above Recitals are true and correct and fully incorporated in this, Agreement. 82. Scope of Agreement, Nothing contained in this Agreement shall be construed as representing the establishment of any precedent or the formation of any policy by the District to supply Services or any other District service in the future to any unincorporated territory on the terms and conditions contained herein or on any terms and conditions whatsoever. 8.3. No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. This Agreement does not create any third party beneficiary rights 8.4. Binding Effect: Assignment. All of the terms, contitions and provisions hereof shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. No assignment of this Agreement shall be made without the prior written consent of the parties to the Agreement, which consent may not be unreasonably withheld, 8.5. Reserved. 86. Performance. Whenever performance is required of any party hereunder, that party shall use all due diligence to perform and take all necessary measures in good faith to perform; provided, however, that if performance shall pe delayed at any time by reason of acts. of God, war, civil commotion, riots, strikes, picketing, or other labor disputes, or damage to work in progress by reason of fire or other casuaity or cause beyond the reasonable control of s party (acts by the performing party causing the situation to be beyond reasonable control excepted), then the time for performance as herein specified shall be appropriately extended by the amount of the delay actually so caused. 87. Severability, invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person or circumstance, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement. 8.8. Notice. 8.8.1. Form of Notice. Any notice to any party shall be in writing and given by delivering the same to such party in person or by sending the same by certified mail, return receipt requested, with postage prepaid to the party's mailing address. The respective mailing addresses of the parties thereto are, until changed as hereinafter provided, the following 2373 00001321098382 DRAFT 678 4To the District: Callayomi County Water District 21282 Stewart Middletown, CA 95461 To Tribe: Middletown Rancheria of Pomo Indians of California P.O. Box 1035 Middletown, CA 95464 8.8.2, Change of Address. Any party may change its mailing address at any time by giving written notice of such change to the other parties in the manner provided herein at least ten days prior to the date such change is effective. 8.8.3. Effective Date of Notice. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the retum receipt. 89. Entire Agreement. This writing constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes ail oral or written representations or written agreements which may have been entered into between the parties. This Agreement may be cancelled, changed, modified or amended in whole or in part only by a written and recorded instrument executed by the Parties (or their respective successors and assigns) 8.10, Time is of the Essence. Time is of the essence of this Agreement and each and every provision hereof, 8.11. Term of Agreement, The term of this Agreement shali commence on the Effective Date and shall remain in full force and effect unless terminated (i) by the mutual agreement of the Parties or (i) as otherwise specified herein 8.12. Governing Law; Venue. This Agreement shall be governed by the laws of the State of California, The Tribe grants a limited waiver ofits sovereign immunity (and any defense based thereon) to the District provided all of the following conditions are satisfied: (1) a claim is brought by the District and no other person or entity, (2) to interpret or enforce this Agreement, (3) initiated during the term of this Agreement or within the applicable statute of fimitations, (4) in the United States District Court for the Northern District of California, and (5) any monetary judgement against the Tribe shall be enforceable against the Tribe, provided however, the Disirict shall not enforce a judgement against Tribal assets which the District does not have recourse under applicable federal law including (A) any equity interests of the Tribe, and (B) any real property held in trust by the United States or subject to restrictions by the United States against the Tribe, and any fixtures, accessions or improvements to such real property, (i) grant monies appropriated by the federal government for the provision of governmental services, and (ii) Twin Pine Casino and Hotel assets 8.13, Section Headings. All section headings and subheadings are inserted for convenience only and will not affect any construction or interpretation of this Agreement, 8.14, Attorney Fees. The prevailing party in any action or proceeding to enforce or interpret this Agreement or otherwise arising out of or in connection with the subject matter hereof (including, but not limited to, any suit, arbitration, entry of judgment, postjudgment motion or enforcement, appeal, bankruptcy Itigation, attachment, or levy) shall be entitled to 3373. copan32109833.2 DRAFTANTID 5recover its costs and expenses, including, but not limited to, reasonable attorneys’, experts’, and consultants’ fees and costs. 8.15. Non-Waiver. No waiver by any Party of any default in performance on the part of the another Party, or of any breach or series of breaches of the terms, covenants, or conditions of this Agreement, will constitute a waiver of any subsequent breach or a waiver of any term, covenant, or condition 8.16. Counterparts. This Agreement may be executed in one or more counterparts, each of which counterparts shall, for all purposes, be deemed an original and all of which ‘counterparts, when taken together, shall constitute one and the same instrument. 8.17. Reimbursement for District Costs. Within thirty (30) days of the Effective Date, District shall provide Tribe with an invoice indicating all egal, consultant, LAFCO and staff costs incurred by District in draft, negotiating, executing and receiving LAFCO approval of this ‘Agreement and annexation of the Rancheria. Tribe shall pay such invoice within thirty (30) days of receipt SIGNATURES AND APPROVAL ON THE FOLLOWING PAGES sn eooor zion 2 DRAFT 617/19 6NOTICE OF EXEMPTION ATTACHMENT 4 FILED COUNTY OF LAKE (To Tl Ciihoite ome oF Sipe —[FRONE iin tamer —~ CATHY SADERLUND or General Manazer \ BQ County Clerk Callayomni County Water Dist County of Lake L = } = 7 = “CEPOTY CLERK : = JUL 1.6 2019 1) Project Tile: ‘Annexation of Middletown Ranheria 2 Project Location ~ Identify street address and Middletown Rancheria of Pomo Indians of California cross steets or attach a map showing projec site (preferably a USGS 15° or 7 1/2" topographical ‘map identified by quadrangle name): (@) Project Location — County: “Lake Couniy a 3. Description of nature, purpose, and boneficaries * The Callayomi County Water Dis will submit aa (of Project: application to LAFCO to annex the Rancheria. CCWD currently provides water servi tothe Ranchetia and annexation will not result in new or additional connections. ‘Any future new or additional connections will require aes te CCWD approval. 4. Name of Public Aveney approving project Callayorni County Water District rs Name of Person or Agency carrying out project: Callayoini County Water District 6. Exempt status: (cheek one) 7 | @ DD _ Ministerial project. ie r ©) Gl Neapujecs State CEQA Guide n TSS7Rb NS) — | Organizations! or administrative activities of govermnenss | that wil not result in director indirect physical changes in L the environment (©) T)_Emergeney Project. - | f @ State CEQA Guidelines scetion 15319 — Annexation of 1 State type and class number E*sting Facilities and Lots for Exempt Facilites (Class 19) o_O ee | (~~ 0] __ Stawory Exemption. State Code section number: cas Sie CEQA GaN scion TSA) — No pacar | © 8 ft for causing any significant effect on the environment 17. ienota project wad The Callayomi County Water District already provides wer service (othe Middletown Rancheria of Pomo Indians of Califor tion will allow the CCWD to formally anne this already served area. Under State CEQA Guidelines sections 15378(bXS) and 15319. the District's 8 ion io LARCO does not Constitute a"project” subject to environmental review under | | CEQA. The submission of the Petition is merely an onal / administrative setivity of tie CCWD and LAFCO with no impact on thee ‘This project is aso exempt from CEQA under Section 15061(6)3) ofthe State CEQA Guidelines beeause it can be seen wih cerainty that there is no possibility thatthe | ' project may havea significant effect on the environment. | 8. Comact Peron: =O Sin Harner, General Manager ‘a Fested JUL 16 wd — Aug 20, 2019Calan Cons Te Be ~~ 07) 987-2780 Telephone: (707) 987-2180