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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 /'pre 'den~ ". /lkssistant Scre ary , ..... Stree~'G~ading ,. 12" Storm Drain Lateral 12" Storm Drain Lateral · . Street Grading 12" Storm Drain Lateral . · . 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 . . ~--~'~_ ~ ~-/.,~ ~' .~-,. ..... ~. (..... ..... ~' ~ise Fire Hydrant 8". Vert...... Offse.t. ~elocate Fire Hydrant '4 00' - 8" Ac:<Pip,.. - 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 # t ious Prints ' V- CALIFORNIA WATE SERVICE CO. ENGINEERING DEPARTMENT ~0, ~/41/ /E/~///VC/S CO DISTRICT CHECKED BY SCALE /~,.;".: " /"- - L ~- . APPROV, ED BY EST. .o. 5SF-273/ '"' - , ~ : I. : _ . J ; C' +1 +1 ,t-I 4-1 -H +1 -H -H 4-1 +i -H +1 -H -H .H +1 ,H -H .4- 4- 4, 4' 4'. 4- 'f. 4' 4- +1 'H 'Fl +1 +1 ~ +1 +1 'H 4, .I. 4- 4- + 4-