HomeMy WebLinkAboutReso 92-463 - Approve purchase & sale agreement No CDA 13026 between PG&E & COR covering electric distribution Facilities of PG&E within the unincorporated area known as "Hollow Lane area Annexation No. 90-8 li
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING PURCHASE AND SALE AGREE ' NO. CDA 13026
BETWEEN PACIFIC GAS AND ELECTRIC COMPANY AND THE CITY
OF REDDING COVERING THE ELECTRIC DISTRIBUTION
i FACILITIES OF PACIFIC GAS AND ELECTRIC COMPANY WITHIN
j THE UNINCORPORATED AREA KNOWN AS "HOLLOW LANE AREA
ANNEXATION NO. 90-8," AND AUTHORIZING THE MAYOR TO SIGN
ALL NECESSARY DOCUMENTATION.
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WHEREAS, on June 16, 1992, by Resolution No. 92-295, the
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City of Redding completed the process of annexing the unincorpo-
rated area known as "Hollow Lane Area Annexation No. 90-8" ; and
WHEREAS, said annexation was certified by the Executive
Officer of the Shasta County Local Agency Formation Commission on
April 23, 1992; and
WHEREAS, Pacific Gas and Electric (PGandE) serves
electricity to 28 domestic customers within the annexed area; and
WHEREAS, PGandE is willing to sell its electric distribution
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facilities within the annexed area to the City of Redding; and
WHEREAS, funds are included in the 1992-93 Capital
Improvement Program for this purchase as part of the 1989
'! Electric System Project Financing Program;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Redding as follows:
1. The above recitals are true and correct.
2. City Council hereby approves Purchase and Sale
Agreement No. CDA 13026 between PGandE and the City of Redding, a
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true copy of which is attached hereto and incorporated herein by
reference, on the terms and conditions set forth therein.
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3 . The Mayor of the City of Redding is hereby authorized
and directed to sign said Purchase and Sale Agreement and all
necessary documentation in connection therewith on behalf of the
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City of Redding; and the City Clerk is hereby authorized and
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directed to attest the signature of the Mayor and to impress the
official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 17th day of November , 1992, and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl, Kehoe & bbss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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CHARLIE MOSS, Mayor
City of Redding
A -EST:
CONNIE STROHMAYER, C y Clerk
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FORM APPROVED:
RA�DALL A. HAY6, City Attorney
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Pacific Gas and Electric Company
PURCHASE AND SALE AGREEMENT
COPIES:
[1] Buyer
it [1] Division
[2] Service Planning RPJ
,i REFERENCE:
'.I GM/WO NO.4046652
I CDA NO. 13026
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THIS AGREEMENT is made between PACIFIC GAS AND ELECTRIC COMPANY,
ij a California corporation (PG&E) , and CITY OF REDDING a California
II municipal corporation, Shasta County, California (City) ;
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II RECITALS:
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City, by Resolution No. 92-295, annexed an unincorporated area
known as "Hollow Lane, Annexation No. 90-811 . The annexation was
'! certified on April 23 , 1992 by the Executive Officer of the
'i Shasta County Local Agency Formation Commission;
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PG&E serves electricity to 28 domestic and 0 commercial customers
'! within the annexed area;
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'1 PG&E is willing to sell its electric distribution facilities
within the annexed area to City;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. PG&E shall sell to City and City shall purchase from PG&E,
PG&E° s electric distribution facilities (Facilities) ,
located in the annexed area. The location of the Facilities
are shown on the map attached hereto and made a part hereof
as Exhibit "A" . In addition, the Facilities are further
described on the List of Materials marked Exhibit "B",
'I attached hereto and made a part hereof.
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2 . The Facilities are to be sold as is. PG&E does not warrant
!! the condition of the Facilities. PG&E also does not warrant
that adequate land rights cover all of the Facilities. In
the absence of such land rights, City shall assume any and
all liability in connection therewith. PG&E shall assign,
in whole or in part, private grants of rights of way and
'I easements for the Facilities concurrently with the delivery
I) of the Bill of Sale deeds for the Facilities described in
i Sections 5 and 6 hereof.
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3 . City shall pay to PG&E as the purchase price for the
inventoried Facilities, as of September 25, the sum of
$74,750 (excluding any sales tax legally due) which is the
value of the Facilities, including 15 percent for value as a
i going concern. Severance costs for this transaction
including Contributions-In-Aid-of-Construction (CIAO) tax,
are covered under the Hawley Road North Annexation Purchase
and Sale Agreement. Further, City shall pay to PG&E (1) the
net value, as determined in accordance with PG&E's standard
II' accounting practice, of any additions to and retirements
ry from the Facilities that may be made by PG&E subsequent to
'I September 25, 1992 and prior to the conveyance of the
Facilities to City, and (2) 15 percent of such net value,
and (3) any severance costs that may be involved because of
the installation of said additions and retirements from the
Facilities. PG&E shall deliver to City the Bill of Sale
provided for in Sections 5 and 6 concurrently with the
payment by City of the purchase price.
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I) 4 . The current ad valorem taxes for the tax year in which the
Facilities and any additions and betterments are conveyed
shall be prorated as of the date of conveyance. City shall
pay to PG&E on demand such part thereof as is attributable
j. to the portion of the tax year from and after delivery of
the deed of conveyance hereunder. PG&E shall supply City
with a retention of the tax bill received from the County of
Shasta and any supporting documentation supplied by the
State Board of Equalization.
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5. PG&E shall execute and deliver to City a Bill of Sale (a
i copy of which is attached as Exhibit "C") conveying
Facilities to City within the time set by order of the
California Public Utilities Commission (Commission) ,
authorizing this agreement.
6. The facilities sold are presently subject to the lien of
PG&E's First and Refunding Mortgage Indenture. Within a
reasonable time following execution of this agreement and
bill of sale, PG&E shall obtain the removal of this
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encumbrance from the trustee of the indenture.
7. Upon execution and delivery by PG&E of the Bill of Sale,
City shall assume all public utility obligations of PG&E to
provide electric service to the 28 customers in the area now
supplied from the Facilities and any other customers added
by PG&E prior to the delivery of the Bill of Sale.
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8. City acknowledges that some of the Facilities sold under
this agreement may contain polychlorinated biphenyls (PCBs) ,
a hazardous material. City warrants that any and all of
such Facilities that may contain PCBs are being purchased
for its own use, and not for resale. City warrants that, in
the event that it ever sells such Facilities, it will
disclose, in writing, to all potential buyers, that such
Facilities may contain PCBs. City shall obtain and comply
fj with all permits necessary for the purchase, transportation,
use, handling, treatment, storage and/or disposal of the
Facilities, whether as a result of the PCB content or
otherwise. City shall comply with all applicable federal,
I. state and local laws, standards, rules and ordinances,
including, but not limited to: 15 USC, Section 2601 et
sect. ; the Code of Federal Regulations, Title 40 Paragraph
761 et sect. ; the California Health and Safety Code, Section
25100 et sect. and the California Administration Code Title
22 , Section 66100 et sea. Buyer is aware that Environmental
Protection Agency or other public agency regulation may
require the removal, replacement and/or relocation of this
j equipment at certain times.
9 . From the date of conveyance forward, City shall assume all
responsibilities of the Facilities and City shall indemnify
PG&E, its officers, agents and employees, against loss,
damage, expense and liability resulting from injury to or
death of person, including, but not limited to, employees of
PG&E or City, or injury to property, including, but not
limited to, property of PG&E or City, arising out of or in
I� any way connected with City's ownership, operation and
maintenance of the Facilities, excepting only such injury or
death as may be caused by the sole negligence or willful
misconduct of PG&E, its officers, agents or employees. City
shall pay costs that may be incurred by PG&E in enforcing
this indemnity provision, including reasonable attorney's
fees. City further agrees that any loss, damage, expense
and liability that arises out of or is in any way connected
with the Facilities that may contain PCBs will be assumed by
the City from date of conveyance forward and is expressly
within scope of this indemnity.
I� 10. Any action by City arising out of or in any way connected
with the sale contemplated by this agreement, whether
sounding in tort, contract, strict liability or otherwise,
must be commenced within two years after the cause of action
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therefore has accrued.
11. This writing is intended by the parties hereto as the final
and complete expression of their agreement concerning the
sale of the Facilities described herein and there are no
warranties, terms or conditions not otherwise stated herein.
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12 . No agent, employee or representative of PG&E has any
authority to bind PG&E to any affirmation, representation or
warranty concerning the Facilities sold under this
agreement, and unless an affirmation, representation or
warranty made by an agent, employee or representative is
specifically included within this agreement, it has not
j formed a part of the basis of this bargain and shall not in
any way be binding on PG&E or otherwise enforceable.
13 . This agreement can be modified only in writing signed by
both parties.
14. This agreement and interpretation of the terms hereof shall
be governed in all respects by the laws of State of
California.
15. For and in consideration of the receipt of the Facilities,
City hereby releases and forever discharges PG&E, of and
from any and all claims, demands, actions or causes of
actions, known or unknown, including all injuries, deaths
and property damage arising out of or in any way connected
with the hazardous properties of the PCBs which may be
'+ contained in the Facilities that occur after the date of
conveyance of the Facilities.
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16 . This agreement shall not become effective until the
Commission shall, by its order, authorize PG&E to carry out
its terms and conditions.
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Dated: , 19
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ACCEPTANCE:
CITY OF REDDING PACIFIC GAS & EL CTRIC COMPANY
BY: BY: ....��
Vice President, G eral Services
TITLE:
'I AND BY:
ii ATTEST: BRIAN U. MCGRATH
Assistant Secretary
City Clerk
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H FORM APPROVED
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�r EXHIBIT
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EXHIBIT "B"
CITY OF REDDING HOLLOW LANE NO. 90-8
j INVENTORY
LINE LINE
NO. ITEM QUANTITY NO.
(a) (b)
i, ACCOUNT 204 (364) POLES TOWERS AND FIXTURES
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1 ANCHOR GUY 5/16" E.H.S. 5M EA 1 1
�I 2 ANCHOR GUY 3/8" E.H.S. 7.5M EA 8 2
3 ANCHOR GUY 7/16" E.H.S. 10M EA 12 3
4 ANCHOR GUY GUARD PLASTIC EA 18 4
5 ANCHOR JOINT EXP. 3/4" X 9' 7.5M EA 8 5
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6 ANCHOR EXPANDING 3/4" X 9' 7.5M EA 4 6
7 ANCHOR JOINT POWER INSTALLED 15M EA 5 7
8 ANCHOR POWER INSTALLED SCREW 15M EA 2 8
i 9 BRACKET CUTOUT BKT FOR WOOD ARMS EA 2 9
i; 10 BRACKET EXTENSION FIGURE 14 18-6055 EA 7 10
11 BRACKET RISER TRI—MT TERMINATION EA 1 11
12 CROSSARM STEEL 4' EA 17 12
13 POLE JOINT 30 FT EA 3 13
14 POLE JOINT 35 FT EA 4 14
15 POLE JOINT 40 FT EA 2 15
16 POLE JOINT 45 FT EA 18 16
17 POLE JOINT 55 FT EA 1 17
d 18 STEPS JOINT POLE 0— 45' EA 7 18
19 SIGN HIGH VOLTAGE PLASTIC EA 61 19
20 TRANGULAR KIT SINGLE PHASE 9" EA 10 20
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ACCOUNT 205 (365) OVERHEAD CONDUCTORS AND DEVICES
21 BUS XF 1 PH TO 15KVA EA 6 21
22 BUS XF 1 PH TO 25KVA EA 9 22
23 CABLE ACSR 7/1 2 FT 8523 23
24 CABLE AERIAL TRIPLEX AL. 4/0 FT 1080 24
25 CABLE TRIPLEX (N—SD) AL. 1/0 FT 196 25
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26 CUTOUT OPEN LINK 15KV 100A PT 44 EA 2 26
i 27 FUSE LIQUID FILLED PT 10A EA 2 27
28 GROUND TRANSFORMER EA 16 28
29 INSULATOR PRIMARY PIN TYPE PART 8 EA 24 29
30 INSULATOR PRIMARY POST TYPE PART 1 EA 12 30
31 INSULATOR PRIMARY SUSPENSION 1 —EA 32 31
32 INSULATOR SPOOL &CLEVIS PART 1 EA 2 32
33 INSULATOR SPOOL & CLEVIS PART 4 EA 5 33
34 INSULATOR SPOOL &CLEVIS PART 8 EA 5 34
35 INSULATOR SECONDARY STRAIN PART 1 EA 6 35
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I" EXHIBIT "B"
CITY OF REDDING HOLLOW LANE NO. 90-8
INVENTORY
LINE LINE
NO. ITEM QUANTITY NO.
it (a) (b)
ACCOUNT 206 (366) UNDERGROUND CONDUIT
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1 CONDUIT DIRECT BURIED 3' PVC FT 219 1
2 CONDUIT DIRECT BURIED 4" PVC FT 300 2
3 CONDUIT REDUCER BOOT 4 X 3 EA 1 3
4 CONDUIT 90 BEND 36"R 3" PVC EA 4 4
5 CONDUIT 90 BEND 36"R 4" PVC EA 2 5
6 RISER MOULDING U-SHAPE 2"/30' PVC EA 3 6
,i 7 RISER MOULDING U-SHAPE 3"/30' PVC EA 1 7
8 SUBSURFACE ENCLOSURE 17" X 30" #2 EA 6 8
ACCOUNT 207 (367) UNDERGROUND CONDUCTORS AND DEVICES
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i; 9 CABLE XLPE-TRIPLEX #4/0 AL 600V FT 40 9
10 CABLE XLPE-TRIPLEX #350 AL 600V FT 528 10
11 CABLE XLP-CONC-PVC #2 AL 22KV FT 365 11
12 GROUND RISER EA 1 12
13 GROUND PAD MOUNTED TRANSFORMER EA 1 13
14 RISER TERMINATOR 200 AMP EA 2 14
I 15 SPLICE MULTI-TAP SMALL EA 21 15
j 16 TERMINATOR ELBOW RECEPTACLE 200 AMP EA 2 16
17 TERMINATOR ELBOW TEST 200 AMP EA 2 17
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;I ACCOUNT 210 (369) SERVICES-OVERHEAD
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18 CABLE TRIPLEX (N-SD) AL. 1/0 FT 1365 18
ii 19 CABLE TRIPLEX (N-SD) AL. 4/0 FT 60 19
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ACCOUNT 211 (369) SERVICES - UNDERGROUND
20 RISER MOULDING U-SHAPE 2"/30' PVC EA 5 20
21 SERVICE 2-1/C-4/0+1/0 N AL XLP/100' EA 16 21
!„ 22 SERVICE 2-1/C-350+4/0 N AL XLP/100' EA 4 22
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EXHIBIT "B"
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CITY OF REDDING HOLLOW LANE NO. 90-8
II INVENTORY
LINE LINE
NO. ITEM QUANTITY NO.
- (a) (b)
ACCOUNT 212 (370) METERS
1 METER 1 PH. 3W. 240V. CL. 200 EA 27 1
2 UNKNOWN 70612482 2
3 UNKNOWN 30013979 3
4 UNKNOWN 30013990 4
5 UNKNOWN 77429337 5
j 6 DUNCAN 22693205 6
7 UNKNOWN 35271656 7
8 UNKNOWN 64802648 8
9 SANGAMO 77912130 9
ji 10 SANGAMO 81185012 10
11 DUNCAN 17279569 11
12 UNKNOWN 74850247 12
13 SANGAMO 77911502 13
14 DUNCAN 22539580 14
15 UNKNOWN 69167820 15
16 UNKNOWN 69167864 16
'i 17 UNKNOWN 79694138 17
18 UNKNOWN 69167821 18
19 DUNCAN 21899180 19
20 SANGAMO 77915618 20
21 UNKNOWN 82087001 21
22 DUNCAN 21561588 22
23 DUNCAN 21561559 23
24 UNKNOWN DA022260 24
II 25 DUNCAN 21898696 25
26 UNKNOWN 77429319 26
27 SANGAMO 80857606 27
28 UNKNOWN 30014020 28
ii ACCOUNT 216 (373) ST. LTG. &SIG. SYS. -CONDUIT AND CABLES
29 INTERNAL WIRING ST. LT. POLE EA 1 29
ACCOUNT 217 (373) ST. LTG. &SIG. SYS. -LAMPS AND EQUIPMENT
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30 PHOTO CELL PART 17 TWIST LOCK EA 1 30
31 SUSPENSION 6' EA 1 31
32 LUMINAIRE HPSV 70W EA 1 32
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EXHIBIT "B"
j� CITY OF REDDING HOLLOW LANE NO. 90-8
". INVENTORY
LINE
LINE
N0. ITEM QUANTITY NO.
(a) (b)
it ACCOUNT 218 (373) ST. LTG. &SIG. SYS. -ELECTROLIERS
1 POLE EMBEDDED W/O MAST ARM STEEL 28' EA 1 1
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ACCOUNT 220 (368) LINE TRANSFORMERS-OVERHEAD
:i 2 XFORMER 1 PH. 12KV-120/240V 15KVA EA 6 2
3 UNKNOWN 77A444318 3
4 UNKNOWN 4644783388 4
5 UNKNOWN 77A450366 5
6 UNKNOWN P10542Y5A 6
1 7 UNKNOWN 79VH019140 7
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8 UNKNOWN 1 8
9 XFORMER 1PH. 12KV-120/240V 25KVA EA 9 9
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1010 77A390535 10
11 UNKNOWN 88A203081 11
12 UNKNOWN 78VF009039 12
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13 UNKNOWN 572046-66K 13
14 UNKNOWN 87A473346 14
15 UNKNOWN 79VA031104 15
16 UNKNOWN 3059252682 16
17 UNKNOWN 78VE026069 17
+1 18 UNKNOWN 792028428 18
19 TRANSFORMER 1 PH PM 12000V- 1 19
20 UNKNOWN 1 20
'.) ACCOUNT 221 (368) LINE TRANSFORMER DEVICES- OVERHEAD
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21 CUTOUT BUSHING MT 7.5KV 20A PT 73B EA 28 21
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22 CUTOUT OPEN LINK 15KV 50A PT 22 EA 2 22
h, 23 FUSE LIQUID FILLED PT 10A EA 28 23
24 FUSE OPEN LINK PT 8T EA 2 24
25 LIGHTNING ARRESTOR 10KV EA 8 25
26 PAD CONCRETE 64" X 64" EA 1 26
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EXHIBIT "C"
Pacific Gas and Electric Company
BILL OF SALE
COPIES: REFERENCE:
[11 Buyer GM/WO NO.
'I [11 Division CDA NO.
[21 Service Planning CPUC Decision No.
PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), in
consideration of the sum of (severance costs and a value for going concern is
included), does hereby sell, grant and convey, as is, to the CITY OF
a California municipal corporation,
County, California (City), its successors and assigns, all of PG&E's
right, title and interest in and to certain electric distribution facilities (Facilities), located within
annexation area known as Annexation No. in the
location(s) shown on the sketch attached hereto marked Exhibit "A" and as more particularly
described on the attached List of Materials marked Exhibit "B". The Facilities are used to serve
approximately electric customers within the City's corporate limits.
This Bill of Sale is executed pursuant to authorization contained in the order of the California
Public Utilities Commission in its Decision. No. dated
i! and is subject to all the terms and conditions of the
Purchase and Sale Agreement between City and PG&E dated , 19_.
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This Bill of Sale does not cover additions or betterments, if any, made to Facilities by PG&E
after , and is limited to the Facilities described in Exhibits
q "A" and "B". Additions and betterments, if any, will be covered by a supplemental bill of sale to
be delivered to City concurrently with the payment by City to PG&E of the price thereof.
Dated: , 19
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!� ACCEPTANCE:
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ii CITY OF PACIFIC GAS&ELECTRIC COMPANY
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BY: By.
Vice President, General Services
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TITLE:
AND BY:
ATTEST: Secretary
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City Clerk
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