HomeMy WebLinkAboutReso 36-1983RESOLUTION NO. 36-83
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION
OF A,RELOCATION AGREEMENT WITH
CALIFORNIA WATER SERVICE COMPANY
(GATEWAY ASSESSMENT DISTRICT -ST-82-2)
that:
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Execution of Agreement.
Execution of an Agreement entitled "Relocation Agreement" between
the City of South San Francisco and California Water Service Company is hereby
authorized, and a copy of said Agreement is attached hereto as Exhibit "A."
2. Signatures.
The City Manager is authorized to execute said Agreement on behalf
of the City, and the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at a regular
meeting held on the 16th day of March , 1983, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte,
Gus Nicolopulos; and Roberta Cerri Teglia
None
None
RELOCATION AGREEMENT
Th is Agreement, made and entered into this //~ ~. day
~of /I/~/oc/~(~_.~ , 1983, by and between the City of South San Francisco,.
a municipal corporation located in the County of San Mateo, State of
California, hereinafter called "City," and California Water Service Company, a
regulated public utility, hereinafter called "Utility."
W I T NE SS E TH:
WHEREAS, the City Council of City, pursuant to the provisions of the
Municipal Improvements Act of 1913, as amended, adopted a Resolution of
Intention to make acquisitions and improvements for the Gateway Assessment
District, District No. ST-82-2; and
WHEREAS, said improvements will necessitate, among other things, the
relocation of certain existing water facilities adjacent to said District, as
shown on Exhibit "A" hereto; and
WHEREAS, a portion of said work is to be done for the benefit of the
Assessment District, the cost of which is to be paid for from the District
funds; and
WHEREAS, the remaining portion of said work is to be done as a general
improvement to the City, which cost is to be borne by Utility;
NOW, THEREFORE, for and in consideration of the premises and of the
mutual covenants, agreements, terms and provisions herein contained, it is
agreed as follows, to wit:
1. City's Deposit.. The estimated reasonable total installed cost of
accomplishing such work upon the Total Facilities, hereinafter referred to as
the "Estimated Costs" is ~220~000.00~ computed in the manner set forth in
Utility's preliminary cost estimate marked "Exhibit B" hereto. The City has
deposited with Utility $86,065, an amount equal to the Estimated Cost of said
work to be done for the benefit of the Assessment District and paid for from
District funds~ receipt of which is hereby acknowledged.
2. Installation of Facilities. The Utility agrees to schedule the~
relocation of its facilities as shown on "Exhibit A" hereto to coincide with
the improvements to be made by City, subject to-the availability of necessary
materials and labor.
3. Actual Cost. ~.~ithin sixty {60) days after Utility has ascertained
its actual cost of said work, it will provide City with a stat~nent of the
same showing in reasonable detail the costs incurred. If the actual costs
attributable to City and payable from Assessment District funds as determined
in accordance with the for~ula established in Exhibit "f)" are greater or less
than the amount deposited by City, the. difference shall be advanced by City to
Utility or repaid by Utility to City as appropriate. Subject to the
provisions of this paragraph, no other refunds will be made to City for any
sums deposited by City hereunder.
4. City's Agreements. The City agrees to use its best efforts to assist
the Utility to obtain any and all permits, franchises other governmental
authorizations which may be required for the work upon the TOtal Facilities or
the subsequent operation and maintenance of the same. The City further agrees
to convey or cause to be conveyed to the ~Utility any and all easements and
rights of way which may be later mutually determined to be necessary or
reasonably appropriate for the work upon the Total Facilities or for the
installation of the Iiew Facilities or the subsequent operation and maintenance
of the sa~ne.
5. O~tnership. The Ne~v Facilities to be installed hereunder and all
construction work in connection therewith as v~ell as such of the Old
Facilities as are not abandoned in place by Utility shall be and remain at all
times the property of the Utility, and the city shall have no right, title or
interest whatsoever in or to the same.
6. Construction Delay. The Utility shall mot be .responsible for any
delay in construction resulting from any cause beyond its control, including,
but without limiting ~he generality of the foregoing, any delay resulting from
inability to obtain sufficient proper materials and supplies, labor
disturbances or shortages, or weather conditions. In the event the Utility is
unable to obtain sufficient materials to meet all construction requirements
necessary to provide adequate service to all of its customers, it shall be
entitled to allocate materials obtained by it to such'construction projects.as
in its sole discretion it deems most important to service needs of its
customers, and any delay in the work upon the Total Facilities resulting from
any such allocation of materials by the Utility shall be deemed to be a cause
beyond its control and it shall not be responsible for such delay.
7. Notices. Any notice which it is herein provided may or shall be
given by either party to the other shall be deemed to have been duly given
when deposited in the United States mail, registered, postage prepaid and
addressed to the party to whom such notice is given at the following
respective addresses:
To the City:
To the Utility:
400 Grand Avenue
South San Francisco, CA 94080
Attention: Robert S. M. Yee,
Director of Public Services
1720 North First Street
Post Office Box l lSO
San Jose, CA 95108
Either party, by notice given as hereinbefore provided, may change the
address to which notice shall thereafter be addressed.
8. Nature of Obli(tation of City. If more than one person is named in
paragraph 1 hereof, the obligations of the persons executing this agreement as
City shall be joint and several obligations.
9. Successors and Assigns. This agreement shall inure to the benefit of
and shall bind the respective heirs, executors, administrators, successors and
assigns of the parties hereto.
10. Jurisdiction of the-Public Utilities Commission. This agreement shall
at all times be subject .to such changes or modifications by the Public
Utilities Commission of the State of California as said Commission may from
time to time direct in the exercise of. its jurisdiction.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
duplicate the day and year first above written.
CITY OF SOUTH SAN FRANCISCO
By ,(A
~t T TE~_T '.
CALIFORNIA WATER SERVICE COMPANY
By
By
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12" Storm Drain
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12" Storm Drain
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Street Grading
12" Storm Drain
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· .
Stree~'G~ading
·
Grading & Storm
Drain
72" Storm Drain
72" Storm Drain
72" S.~orm Drain
72" & 66" Storm
Drain
.Raise'Fire Hydrant· ..
8" Vert. Offset
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20' - 6" C.L.&C in 6" F.S.
20f - 8" CL&C in 8" F.S.
~ert. offset on 8" F.S.
·
40'--'8" CE&C
SSF-2725
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CALIFORNIA WATE SERVICE CO.
ENGINEERING DEPARTMENT
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