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Home My WebLink AboutReso 91-405 - Approve & Authorize the mayor to sign license agreement No. KC-9110 dated 08-26-91 with the USA, Dept of Energy, Western Area Power Admin RESOLUTION NO. y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN LICENSE AGREEMENT NO. KC-9110 DATED AUGUST 26, 1991, WITH THE UNITED STATES OF AMERICA, DEPARTMENT OF ENERGY, WESTERN AREA POWER ADMINISTRATION. WHEREAS, presented herewith for City Council' s consideration is a 50-year License Agreement for the City of Redding to construct, reconstruct, operate, and maintain Victor Avenue on, over, under, or across the United States right-of-way for the Keswick-Cottonwood No. 3 , 230-kV transmission line (not including approval for light standards) ; and WHEREAS, it is staff ' s recommendation that the City enter into said Agreement for the extension of Victor Avenue across the United States Keswick-Cottonwood No. 3 230-kV transmission line easement; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding that: 1. The City Council of the City of Redding approves the above-mentioned License Agreement, a true copy of which is attached hereto and incorporated herein by reference. 2 . The Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding; and the City Clerk is hereby authorized and directed to i 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 September , 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Bufftun, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FO PPROVED: RA�DALL A. HAYS, Ci y Attorney c WAPA-136-T (Rev. 4-90) KC-9110 UNITED STATES OF AMERICA DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION KESWICK-COTTONWOOD NO. 3 230-kV TRANSMISSION LINE Section 17, Township 31 North, Range 4 West, MDB&M Shasta County Vicinity of Tower(s): 8/1 Station Number(s) 783+85 to 784+85 LICENSE AGREEMENT THIS LICENSE AGREEMENT made as of the 2415 day of 1991, between City of Redding 760 Parkview Avenue Redding, CA 96001 (LICENSEE) , whether one or more, and the UNITED STATES OF AMERICA, Department of Energy, Western Area Power Administration, (UNITED STATES) , represented by the officer executing this agreement, pursuant to the Reclamation Act, Act of June 17, 1902, 32 Stat. 388, and acts amendatory thereof and supplementary thereto, and the Energy Organization Act, Act of August 4, 1977, 91 Stat. 565. WITNESSETH: 1 . In consideration of the mutual agreements and covenants herein contained, the UNITED STATES grants to the LICENSEE upon the terms hereinafter provided, a License for a period of 50 years from date hereof to construct, reconstruct, operate, and maintain a Street known as Victor Avenue (FACILITY) on, over, under, or across the UNITED STATES right-of-way, for the Keswick-Cottonwood No. 3, 230-kV transmission line (UNITED STATES LINE) , in the manner and at the locations shown on Exhibit(A) , attached hereto and by this reference made a part hereof. Note: This License Agreement does not include approval for light standards. 1 2. The LICENSEE agrees: (a) That the work performed under this License Agreement shall be satisfactory to the UNITED STATES; (b) The License granted shall be held and exercised subject to the rights of the UNITED STATES, and its assigns, to utilize the land covered by the License for the construction, reconstruction, operation and maintenance of the UNITED STATES LINE; (c) That the FACILITY will be constructed, reconstructed, operated, and maintained without cost to the UNITED STATES, or its assigns, in such a manner as to not interfere with the operation or maintenance of the UNITED STATES LINE, and in compliance with the most recent standards of the National Electric Safety Code, National Bureau of Standards, Department of Labor (OSHA) , and Department of Energy, Western Area Power Administration. (d) To relocate or alter the facility at no cost to the UNITED STATES, in the event the UNITED STATES determines that the FACILITY interferes with the rights of the UNITED STATES. (e) To be liable for any damage to property or injury to personnel of the UNITED STATES, or of third parties which may result from the exercise of the privileges herein conferred, and that any extraordinary maintenance costs incurred by the UNITED STATES which result from the exercise of the privileges conferred by this License shall be borne by the LICENSEE; (f) The LICENSEE hereby agrees to indemnify and hold harmless the UNITED STATES, its employees, or agents, from any loss or damage and from any liability on account of personal injury, death, or property damage, or claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever made arising out of the LICENSEE'S, its agents' , contractors' , or subcontractors' use and maintenance of the land covered by this License Agreement. The UNITED STATES is liable only for negligence on the part of its officers and employees in accordance with the Federal Tort Claims Act, as amended; (g) To notify the UNITED STATES at least 10 days prior to commencing installation of the FACILITY to permit inspection by the UNITED STATES; (h) That any and all expense for inspections by the UNITED STATES required in connection with LICENSEE operations under the terms hereof, shall be promptly paid to the billing party by the LICENSEE upon receipt of such itemized expense; (i) To abide by all applicable Federal , State, and local laws and regulations pertaining to pollution control and environmental protection. 3. The LICENSEE agrees to notify the UNITED STATES when the LICENSEE has no further need for the FACILITY; thereupon, this agreement will be terminated, but in any event, will expire 50 years from the date hereof. All 2 rights granted to the LICENSEE under this agreement may be canceled, at the option of the UNITED STATES, upon failure by the LICENSEE to comply with the terms and conditions herein. Written notice of intended cancellation shall be given to the LICENSEE. The LICENSEE shall have thirty (30) days from receipt of notice to make appropriate corrections which, if deemed satisfactory by the UNITED STATES will cause the cancellation notice to be rescinded. The LICENSEE shall either remove the FACILITY within thirty (30) days after cancellation, termination, or expiration, or the LICENSEE forfeits all right, title, and interest in the FACILITY. 4. It is understood that the issuance of this license on the part of the UNITED STATES for the stated purposes herein does not create an additional burden on the UNITED STATES right-of-way easement and the license does not attempt to give the LICENSEE any right, privilege, or interest in the land. The purpose for the issuance of this license is to evidence the UNITED STATES concurrence that the FACILITY will not interfere with or endanger the UNITED STATES LINE and therefore the UNITED STATES does not object to the crossing of its right-of-way easement by the LICENSEE, provided certain standards of construction, as aforesaid, are maintained by the LICENSEE in crossing the UNITED STATES LINE. 5. This License Agreement shall inure to the benefit of and be binding upon the heirs, executors, personal representatives, administrators, and successors of the LICENSEE, and the assigns of the UNITED STATES; however, it shall not be assigned or otherwise transferred by the LICENSEE without the written consent of the UNITED STATES. 6. No member of or delegate to Congress or resident commissioner shall be admitted to any share or part of this agreement or to any benefits that may arise herefrom, but this restriction shall not be construed to extend to this agreement if made with a corporation or company for its general benefit. IN WITNESS HEREOF, parties hereto have caused this License Agreement to be executed this day and year first above written. LICENSEE: THE UNITED STATES OF AMERICA DEPARTMENT OF ENERGY CITY OF REDDING WESTERN AREA POWER ADMINISTRATION (Signature) (Signature) By Area Manager (Title) (Title) ZD DEBT. � 3 " Z LL- �.+ . a It �. uj ui Itc x 77 s� z g: uj lz- LLj Y E , v�vS'vvvvvvvvvv \\ \\♦� \\\k �� \ � �� • asco Al AN \\\\\\\