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HomeMy WebLinkAboutReso. 1989-408 - Approving the flat sum contract between the city of redding and pacific gas and electric company 111 Ilk t t RESOLUTION NO. 5.9- ,(47 � I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE FLAT SUM CONTRACT BETWEEN THE CITY OF REDDING AND PACIFIC GAS AND ELECTRIC COMPANY FOR THE RELOCATION OF PG&E FACILITIES IN THE ROAD WIDENING PROJECT OF HARTNELL AVENUE BETWEEN SCHOOL STREET AND BECHELLI LANE, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. BE IT RESOLVED by the City Council of the City of Redding i . that: 1 . The City Council of the City of Redding hereby approves the Flat Sum Contract between the City of Redding and Pacific Gas and Electric Company for the relocation of PGandE facilities in the road widening project of Hartnell Avenue between School Street and Bechelli Lane, a 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 Contract on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding. 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 21st day of November , 1989 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Dahl , Fulton, Johannessen & Carter NOES: COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: Buffum ABSTAIN: COUNCIL MEMBERS: None /1Z,4P4 1 SCOTT CARTER, Mayor City of Redding t I ATTEST: FO:oloop"PROVED: ":"-",e a 744104 Ar%r- - ./i, j, ETHEL A. NICHOLS , City Clerk ' ' NDALL A. HAYS , C ty Attorney I 411 FLAT SUM CONTRACT THIS AGREEMENT entered into this day of , 19 , by and between CITY OF REDDING, hereinafter called "Agency", and PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "PG&E", WITNESSETH: WHEREAS, Agency contemplates construction of widening Hartnell Avenue between School Street and Bechelli Lane, City of Redding, California; and WHEREAS, PG&E maintains certain overhead electric distribution facilities hereinafter called facilities, which will interfere with Agency' s project; and WHEREAS, Agency has requested and PG&E is willing to rearrange said facilities to eliminate such interference; NOW THEREFORE, it is hereby mutually agreed as follows: 1. Upon the receipt by PG&E of notice in writing from Agency, PG&E will commence and thereafter diligently prosecute the rearrangement of its facilities as nearly as possible in accordance with PG&E' s Drawing No. G.M. 4753083, attached hereto and marked Exhibit "A", provided, however, that PG&E shall not be obligated to perform such work until necessary land rights have been acquired in a form satisfactory to PG&E for any of PG&E's facilities which must be replaced in a new location. 2. In the event the construction of temporary facilities is necessary, PG&E may use lands owned or controlled by Agency for the purpose of making such temporary installation provided that Agency shall have approved the location thereof. Upon completion of construction of such facilities in their permanent location, PG&E shall remove all temporary facilities. P.G.& E.CO. COPY 411 411. 3. Upon the completion of the work, and within thirty (30) days of receipt of PG&E' s invoice, Agency shall reimburse PG&E the amount of $ 2,149.13. 4. Agency shall acquire, at no cost to PG&E and in a form satisfactory to PG&E, all necessary permits required for the temporary or permanent rearrangement of PG&E' s facilities from governmental agencies having jurisdiction over the same and shall file any statement required by, and otherwise comply with, the applicable provisions of the Environmental Quality Act of 1970 (California Public Resources Code, Sections 21000 et seq. ) . 5. Agency shall convey or cause to be conveyed to PG&E all necessary land or land rights in a form satisfactory to PG&E to permit PG&E to install its facilities in a new location or reimburse PG&E for its costs incurred in acquiring such land or land rights; provided, however, that in satisfaction of this obligation of Agency, Agency and PG&E will enter into a Joint Use Agreement to be in the form attached and marked Exhibit "B". For such portion of PG&E' s existing facilities as will remain in the present location on land or rights of way acquired by Agency, the parties will enter into a consent to common use in the form attached and marked Exhibit "C". PG&E will convey or quitclaim to Agency its land or land rights occupied by facilities to be abandoned or removed within the land or rights of way required by Agency for the construction of its project. 6. The provisions hereof shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers this day and year first hereinabove set forth. PACIFIC GAS AND ELECTRIC COMPANY CITY OF REDDING By By FORM APPROVED CITY LEGAL DEPT® 1 2 9 tO . P.G. To SET 2' , Exr T/NG SiDI. YE1-41 HD Furl_ Co.R. To ) EPL. SP. . E © 7 » ,s pTp7029• ., i— fI0 13 VI'7°1 Z.=M- ' PG 6,091" ITII ILIw 3-2 --- Api CoA 7-07 ZIPfDLE Q /3 Th%c . 'POLE a "P-30C Oa EASE. Exisr . C Sr. P-2;0- Z D INTAa1. Lb&. 1 �661°-4 I ` 9 30, Go 1 111111MMMIMP „....\ C,0 ID. 74: , ,1-1 z 0 „ ., (05� ( — - ----- ---- - ——— p1 - � � v c.o.R.LASE---0- t_:?)OI < C" sr. –—1, • \ tAYt.. Pi IIIMIMMIMMI d\ UndWP-DUnd�acfl'1 NOTE s in Armes /- G'.C. ' 7 7 SuPPLVA','z' 3E7 AaB..._�<L.,_ ...-- _N B 70 Pj �T TRi/►1 TP.F_E S. c•.C. '. s,Fi Fc':EL- 2. P.G. Fir^rt' C.R. , Ltiwr, DEPT. To 01374/iv dry V M 4. C.0.2.-no S-ne_i/iIC• N'6w 55c,, A X a tirr C,O ., ,J ...... I MICROFILM PG. 004CO3 r - BILL OF MAIL ! AYE . DWG LIST i SUPSOS _0 A SUPSD BY - - SHEET NO. /o, / SHEETS C COMPANY REV. __ NO. DATE DESCRIPTION ;t JIA gill 4753083 I R E.. � 1 I 1 1 ►` 1 - •a.i•:e (*VV.7.7111) MINTWOOMD,Iro1010-,o cu 2 1 0 INCH • • JOINT USE AGREEMENT THIS AGREEMENT, entered into this day of , 19 by and between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company", and the , ' I hereinafter called "Agency", WITNESSETH WHEREAS, Company is the owner in possession of certain rights of way and ease- ments, hereinafter referred to as "Company's easement", described as follows: Z.!'NIBIT B 62-4213 PG 1 OF 4 • _2_ and WHEREAS, Agency has acquired certain lands for i in the vicinity of , County of , hereinafter referred to as "Agency right of way", which said Agency right of way is subject to the Company's easement, and WHEREAS, Company's facilities installed pursuant to Company's easement will inter- fere with and Agency desires to eliminate such interference, NOW, THEREFORE, Company and Agency hereby mutually agree as follows: ► 1. The location of Company's easement so far as it now lies within said Agency right of way is hereby changed to the strip of land within said Agency right of way, hereinafter referred to as "new location", described as follows: o , ,, 62-4213 PG 2 10F 4 -3- 2. Company does hereby surrender and quitclaim to Agency all of Company's right, title and interest under and by virtue of Company's easement in the old location within said Agency right of way and not included in said new location. 3. Company hereby consents to the construction, reconstruction, maintenance or use by Agency of over, along and upon Company's easement in the new location subject to Company's right and easement to use said new location for all of the purposes for which Company's easement was acquired and to the terms and conditions herein contained. Company does not by this agreement and shall not be deemed to subordinate its rights in the new location to any use which Agency shall make of said area. 4. Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement or the priority thereof over the title of Agency in said new location. Both Agency and Company shall use said new location in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein , contained shall be construed as a release or waiver of any claim for compensation or damages which Company or Agency may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either Agency or Company in such a manner as to cause an unreasonable interference with the use ' of said new location by the other party. 62-4213 PG 3 OF 4 II • • -4- 5. This agreement shall inure to the benefit of and be binding upon the successors and li assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officials thereunto duly authorized. PACIFIC GAS AND ELECTRIC COMPANY By Attest ' I By Attest � I 62-4213 PG 4 O I 4 • • • CONSENT TO COMMON USE THIS AGREEMENT, entered into this day of , 19 by and between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company", and the ' I hereinafter called "Agency", WITNESSETH WHEREAS, Company is the owner in possession of certain rights of way and ease- ments, hereinafter referred to as "Company's easement", described as follows: � ' I EY14/BIT G 62-4214 PG 1 OF 4 • • -2- and WHEREAS, Agency has acquired certain lands for in the vicinity of , County of , hereinafter referred to as "Agency right of way", and it WHEREAS, the Agency right of way occupies a portion of Company's easement and is subject to said easement, which said portion is hereinafter referred to as "Area of Common Use" and is described as follows: 62-4274 PG 2i OF 4 H : . -3- NOW, THEREFORE, Company and Agency hereby mutually agree as follows: 1. Company hereby consents to the construction, reconstruction, maintenance or use by Agency of over, along and upon Company's easement in the area of common use subject to Company's right and easement to use said area of common use for all of the purposes for which Corn- pany's easement was acquired and to the terms and conditions herein contained. Company does not by this consent and shall not be deemed to subordinate its rights in the area of common use to any use which Agency shall make of said area. 2. Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement or the priority thereof over the title of Agency in said area of common use. Both Agency and Company shall use said area of common use in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or Agency may now have or may hereafter ac- quire resulting from the construction of additional facilities or the alteration of existing facilities by either Agency or Company in such a manner as to cause an unreasonable inter- ference with the use of said area of common use by the other party. 62-4214 PG 3 OF 4 • • II. -4- 3. This agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed ' in duplicate by their respective officials thereunto duly authorized. PACIFIC GAS AND ELECTRIC COMPANY By • Attest I � By Attest 1 62-4214 PG 4 SOF 4 II