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Home My WebLink AboutReso.1988-392 - Approving license agreement no. kc-8814 RESOLUTION NO. 00 31!) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING LICENSE AGREEMENT NO. KC-8814 BETWEEN THE CITY OF REDDING, NASH CONSTRUCTION COMPANY, INC. , AND THE UNITED STATES OF AMERICA, DEPARTMENT OF ENERGY, WESTERN AREA POWER ADMINISTRATION, DATED SEPTEMBER 19 , 1988 , TO CONSTRUCT, RECONSTRUCT, OPERATE, AND MAINTAIN A STREET CROSSING (IN THE CHURN CREEK MEADOWS SUBDIVISION) ON, OVER, UNDER, OR ACROSS THE UNITED STATES RIGHT-OF-WAY FOR THE KESWICK-COTTONWOOD NO. 3 230-KV TRANSMISSION LINE, AND AUTHORIZING THE MAYOR TO SIGN SAME. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows : 1 . That the City Council of the City of Redding hereby approves the above-mentioned License Agreement No. KC-8814 , a true copy of which is attached hereto and incorporated herein. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said License Agreement on behalf of the City Council 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 on the aforesaid document, when appropriate . 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 1st day of November , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS : Buffum, Carter, Dahl , Fulton, & Johannessen NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS: None I 7. ' (2 +,. / f:( MAURICE JOHANNESSEN, Mayor City of Redding ATTEST: FOR PPROVED: 2 -41 O. 4444e-e' ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS, City Attorney '‘NP WAPA-136-T ' (Rev 6-80) 410 NO. KC-8814 UNITED STATES OF AMERICA DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION KESWICK-COTTONWOOD NO. 3 TRANSMISSION LINE SECTION 17 , T31N, R4W, MDB&M SHASTA COUNTY VICINITY OF TOWER: 8/3 STATION NO. 796 + 75 LICENSE AGREEMENT THIS LICENSE AGREEMENT made as of the / day of 1988, between NASH CONSTRUCTION COMPANY, INC and CITY OF REDDING (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 25 years from date hereof to construct, reconstruct, operate, and maintain a street crossing , (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 Exhibits A attached hereto and by this reference made a part hereof. 1-L • • • 2. The LICENSEE agrees: (a) That the work performed under this License Agreement shall be satisfactory to the UNITED STATES; (b) That 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 personnel or property of the UNITED STATES, or of third parties which may result from the exercise of the privi- leges herein conferred, and that any extraordinary maintenance costs incurred by the UNITED STATES which result from the exercise of the privileges con- ferred by this License shall be borne by the LICENSEE; (f) To hold the UNITED STATES harmless from all claims of every char- acter arising out of or in connection with the construction, reconstruction, operation, or maintenance of the FACILITY and agrees to release the UNITED STATES from all claims for damage to the FACILITY which may hereafter result from the construction, reconstruction, operation, or maintenance of the UNITED STATES LINE; however, this shall not be construed to include negli- gence or wrongful acts of the UNITED STATES, its agents, or assigns; (g) To notify the UNITED STATES at least 10 days x( 64 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. 2-L 411 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 25 years from the date hereof. All rights granted to the LICENSEE under this agreement may be cancelled, 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 addi- tional 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, and the purpose for the issuance of this license is to evidence the fact that the UNITED STATES will 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 transmission 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, the parties hereto have caused this License Agreement to be executed this day and year first above written. LICENSEES THE UNITED STATES OF AMERICA 420fAfrkae;(46101,62-,-- NASH CONSTRUCTION CO. , INC. (Signature) i� DAVID G. COLEMAN By AREA MANAGER (S ' nature) (Title) CITY OF REDDING 3-L By (Signature)