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HomeMy WebLinkAboutCC Resolution 7150 (Peacock Manior Subdivision)RESOLUTION NO. 7150 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with PACIFIC GAS AND ELECTRIC COMPANY FOR THE "INSTALLATION, MAINTENANCE OPERATION AND CONVEYANCE, OF UNDERGROUND GAS AND ELECTRIC FACILITIES IN THE PEACOCK MANOR _SURn_TV STnN" PEACOCK GAP IMPROVEMENT DISTRICT a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a Regular City held on Monday meeting of the City Council of said the Fifth day of Auqust , 19 E5, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli JEA E NI. LEONCINI, City Clerk COPIES City District Region Customer Accounting Construction Accounting Commercial Department -JCP EXHIBIT A DISK NO. 009 REFERENCE GAS - GM 4432316 ELECTRIC - WO 2132560 AGREEMENT FOR INSTALLATION, MAINTENANCE, OPERATION AND CONVEYANCE OF UNDERGROUND GAS AND ELECTRIC FACILITIES IN A RESIDENTIAL ASSESSMENT DISTRICT THIS AGREEMENT is made by the CITY OF SAN RAFAEL, a California municipal corporation (City) and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PGandE). RECITALS: A. City, pursuant to the provisions of the Municipal Improvement Act of 1913, adopted Resolution of Intention No. 6738 on February 6, 1984, which provides for the formation of a special assessment district designated 'Peacock Gap Improvement District" (District), to accomplish, among other things, the installation of underground gas mains, gas service stubs, electric distribution facilities, and street lighting service facilities. B. City has requested that certain gas and electric facilities be constructed by PGandE prior to receiving applications for service within the District, a residential lot sale type subdivision known as Peacock Manor. C. The gas and electric facilities contemplated for construction within the District include (a) gas mains and service stubs which are hereinafter called Gas System and are shown on the sketch marked Exhibit "A" -1- attached and made a part hereof and (b) the installation of underground electric distribution facilities within the District (Electric Distribution System) as shown on the sketch marked Exhibit "B", attached and made a part hereof. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I. GAS SYSTEM 1. PGandE is willing to comply with City's request and install the Gas System prior to its receiving applications for gas service from each individual lot purchased in the District under the terms and conditions herein set forth and in accordance with Section C of PGandE's Gas Rule No. 15, on file with the California Public Utilities Commission (Commission), a copy of which is attached. 2. City shall pay PGandE upon demand and in advance of construction of the requested Gas System a refundable amount of $17,070 (Gas Extension Advance) which represents the total cost of the Gas System ($17,070) less a credit for the gas share of the trench of $-0-, which trenching shall be performed by PGandE. The total cost of the Gas System ($17,070) includes the sum of $1,350, which is the cost to PGandE of installing in advance of street paving (15) gas service stubs to property lines of various lots in the District. -2- 3. $15,720 of the total cost of the Gas System (:17,070) shall be subject to refund to the City, without interest, in the manner and as provided in the applicable section of the gas extension rule in effect at the time service is established to each applicant in the District. The amount of $1,350 shall be subject to refund to the City, without interest, at the rate of $90 for each stub service that is utilized and connected to a permanent meter location. No refund shall be made for any stub which, as a result of changes in lot owner's plans or City's requirements or because of construction plans of any person building in the District, is abandoned wholly or in part or cannot, in PGandE's judgment, be efficiently or economically utilized. Such refunds will be made annually following the anniversary of the date PGandE was first ready to supply service from the Gas System, for a period of ten years. Any unrefunded balance of the Gas Extension Advance will be retained by PGandE at the end of such ten-year period. II. ELECTRIC DISTRIBUTION SYSTEM 1. Subject to the terms and conditions of this agreement and in accordance with PGandE's attached Electric Rule 15.1 (Underground Extension Rule), PGandE is willing to comply with City's request and will construct the Electric Distribution System provided City (a) satisfies its obligations under Section II.2, (b) pays to PGandE any monies due under Sections II.3, and II.6, and (c) conveys to PGandE any required facilities to be installed by City and/or PGandE hereunder free and clear of all liens and encumbrances by good and sufficient deed or deeds. -3- 2. City will, as provided in Section B.1 of the Underground Extension Rule, perform (or arrange for the performance of) all necessary trenching, excavation, backfilling, including furnishing of any imported backfill material required, and furnish, install (or arrange for the installation of) and deed to PGandE any necessary conduit required, all in accordance with PGandE's plans and specifications. City has requested that PGandE perform the trenching work described in this Section II.2 and agrees to pay PGandE, on demand and prior to any work by PGandE, the nonrefundable amount of $14,374 which represents the cost of trench, excavation and backfill of the electric share of the joint trench ($6,980), cable television share of the joint trench (=6,984) and the telephone share of the joint trench (;410). 3. As provided in Section C of the Underground Extension Rule and as tabulated on the Appendix hereof, City shall pay to PGandE on demand and in advance of any construction by PGandE (a) a nonrefundable amount of $-0- and (b) a refundable advance of $19,685, which is the estimated cost of the Electric Distribution System, as determined under Section C.2 of the Underground Extension Rule, less that portion which PGandE estimates will be refundable to City as provided in the Underground Extension Rule within six (6) months following the date PGandE commences construction on the Electric Distribution System and less the nonrefundable amount. City agrees, however, to pay PGandE, on demand, at the end of the six (6) month period, so much of the uncollected refundable advance as would not in fact then be refundable. If any street lighting facilities are to be installed, the City shall also pay to PGandE on demand and in advance of any construction by PGandE the nonrefundable amount of $111, which amount is determined in accordance with PGandE's applicable Street and Highway Lighting Schedule LS -2, a copy of which is attached and made a part hereof. -4- n 4. Any portion of the refundable advance paid to PGandE under Section II. 3 hereof shall be subject to refund to City without interest, in accordance with Sections D.2 and D.3 of the Underground Extension Rule for a period of ten (10) years from the date PGandE is ready to supply service from the Electric Distribution System. As provided in Section D.5 of the Underground Extension Rule, in the event a►U► portion of the refundable advance has not been refunded or is not qualified for refund at the end of twelve (12) months after completion of the underground extension, the City will pay to the utility a monthly cost of ownership charge on those portions of the refundable advance for which no refunds have been made or are then eligible for refund. Such cost of ownership charges shall be equal to 1.3% per month times the difference between the total refundable advance and amounts previously refunded or then eligible for refund. Payment of such cost of ownership will normally be made by deduction from the refundable advance, but such deduction will not thereafter reduce the amount on which the cost of ownership charges are determined. Cost of ownership charges shall continue to be applicable until the entire amount of the refundable advance shall have become eligible for refund or until the end of the ten (10) year period during which the refundable advance is subject to refund, whichever occurs first. 5. As provided in Section 6.3 of the Underground Extension Rule, in the event that an extension in excess of 200 feet outside of the boundaries of the District is required, City shall execute concurrently with its acceptance of this agreement, PGandE's applicable agreement, in form on file with Commission, relating to underground extensions under PGandE's Rule No. 15. 6. City shall also pay to PGandE, on demand and prior to any construction by PGandE, the nonrefundable amount of $312 which is the cost to PGandE for installing 100 feet of 3 inch conduit and 50 feet of 2 inch conduit. -5- III. GENERAL TERMS AND CONDITIONS 1. PGandE will be required to construct only those portions of the Gas and Electric Distribution Systems that, in PGandiE's judgment, are necessary to construct in conjunction with road improvements. Additions to the Gas and Electric Distribution Systems shall be constructed only as necessary to provide gas and electric service to permanent and bona fide applicants within the District. 2. In the event that retaining walls or other mechanical protection is deemed necessary by PGandE for the adequate protection of the Gas and Electric Distribution Systems, it will be the responsibility of the City to provide such protection for PGandE. ` 3. Any rearrangements, relocation, addition to or modification of the Gas and Electric Distribution Systems as shown on Exhibits "A" and "B" after commencement of construction required for any reason other than the sole convenience of PGandE shall be paid for on demand and in advance by City. 4. City shall, upon the installation of the Gas and Electric Distribution System, execute and deliver to PGandE a deed or deeds in the form attached hereto as Exhibit 'C" conveying the Gas and Electric Distribution Systems to PGandE. Such ownership of the Gas and Electric Distribution systems shall vest in PGandE, as authorized by the provisions of Sections 10109, 10110 and 10111 of the Streets and Highways Code of the State of California. 5. City shall make any payment to PGandE hereunder only from the proceeds of assessments levied and bonds sold in the assessment district proceedings. There shall be no liability upon City to make such payment from any other source of funds. PGandE shall not be obligated to proceed hereunder until sufficient funds have been made available and all payments to be made to PGandE have been made. -6- 6. PGandE shall maintain the Gas and Electric Distribution Systems and provide gas and electric service in accordance with PGandE's applicable rates and rules established by PGandE, from time to time, and on file with and authorized by the Commission. 7. PGandE shall not be responsible for any delay in construction of the Gas and Electric Distribution Systems resulting from shortage of labor or materials, strikes. labor disturbance, war, riots, weather conditions, governmental rule, regulation or order, including orders or judgments of any court or commission, delays in obtaining necessary rights of way, act of God or any cause or condition of like or unlike characteristic which is beyond the control of PGandE. PGandE shall have the right, in the event it is unable to obtain supplies, materials or labor for all of its construction requirements, to allocate materials and labor to construction projects which, in its sole discretion, it deems most important to serve the needs of its customers, and delay in construction hereunder resulting from such allocation shall be deemed a cause beyond PGandE's control. 8. If any part of the Gas and Electric Distribution Systems is to be installed on property owned by other than City, City shall, if PGandE is unable to do so without cost to it, first procure from the owners thereof in the name of PGandE, all necessary permanent rights of way and easements for the construction, operation, maintenance of the Gas and Electric Distribution Systems upon such property in a form satisfactory to PGandE and without cost to it. -7- 9. This agreement does not provide for the installation of any underground conduits and/or conductors or gas service extensions extending from the Gas or Electric Distribution Systems to any existing or proposed building within the District by PGandE other than as provided in the attached plans and specifications. The obligations of both the property owners and PGandE under PGandE's Gas and Electric Rules No. 16 on file with the Commission, relating to service installations, are not included in this agreement. 10. City may not assign this agreement, in whole or in part, unless PGandE, in writing, consents in advance thereto and the assignee agrees with PGandE, in writing, to perform the obligations of City hereunder. Unless otherwise specified in writing, such assignment will be deemed to include City's right to refunds unpaid as of the date thereof or which may thereafter become due. 11. City agrees to reimburse PGandE for any engineering or right of way acquisition expense incurred by PGandE as the result of the cancellation or material change by City of the District's plans as shown and delineated on the attached Exhibits "A" and "B". 12. (a) In the event that the Gas and Electric Distribution Systems are not adequate to provide electric and gas service to the loads of future applicants within the District, or if PGandE is precluded from completing the Gas and Electric Distribution Systems for reasons beyond its control within twelve (12) months following the date of this agreement, PGandE shall have the right to terminate and/or supersede this agreement upon thirty (30) days written notice to City and adjust any amounts paid or required to be paid by City hereunder that may be due based on that portion of the Gas and Electric Distribution Systems then completed, if any, utilizing the estimated costs developed by PGandE for this agreement. Such a superseding agreement, if any, shall be in substantially the same form as this agreement, be executed by both parties hereto and shall provide that costs be allocated to the portion of the Gas and Electric Distribution Systems then completed, if any, consistent with those costs estimated by PGandE for this agreement. (b) If this agreement is terminated as set forth in Section III.12 (a), City further agrees to reimburse PGandE for construction, if any, or for any engineering, surveying, right of ray acquisition and other associated expenses incurred by PGandE for that portion of the Gas and Electric Distribution Systems not installed or, in PGandE's judgment, not useful in supplying service to customers. 13. City shall indemnify PGandE, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of person, including, but not limited to, employees of PGandE or City, or injury to property, including, but not limited to, property of PGandE or City, arising out of or in any way connected with the performance of this agreement, excepting only such loss, damage, expense or liability as may be caused by the sole negligence or willful misconduct of PGandE. 14. This agreement shall become effective on the date hereof and shall remain in force for an initial term of ten (10) years commencing on the date that PGandE is first ready to provide gas and electric service from the Gas and Electric Distribution Systems, subject, however, to the termination provision of Section III.12. -9- 15. This contract shall at all times be subject to such changes or modifications by the Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction. Such changes or modifications may include, but are not limited to, the following: authorization of a higher or lower percentage rate for cost of ownership; changes in extension rules; modifications in the calculation of refunds; changes or modifications in rate schedules. Dated: CITY 0 N RAFAEL BY: i ITS: LAWRENCE E. MULRYAN (lype/Print Name) MAYOR (title) ATTEST: V CXylerk Attachments: Exhibits "A", "B" and "C" Gas Rule No. 15 Electric Rule No. 15.1 Electric Rate Schedule LS -2 Appendix AUGUST 5 , 1985 PACIFIC GARS, AND EL TRIC COMPANY BY: W &-4'� (signature) M. B. Clinch Manager, Commercial Department Mailing Address: City of San Rafael 1400 Fifth St., 3rd Floor San Rafael, CA 94915 Attn: Mr. Dave Bernardi Director of Public Works -10- Appendix I. Gas System Gas main extension $15,720 Gas stubs 1,350 Gas extension advance f1/,Ulu II. Electric Distribution System Electric refundable advance $19,685 Street lighting service connections 111 Electric share of joint trench 6,980 Telephone share of joint trench 6,984 Cable television share of joint trench 410 Conduits installed by PGandE 372 III. Total Payment Payment Required $51,612 -11- EXHIBIT "C" DEED OF CONVEYANCE CITY OF SAN RAFAEL, a California municipal corporation, for good and valuable consideration does hereby grant, bargain, sell and convey to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, free and clear of all liens and encumbrances those certain gas and electric facilities heretofore installed and constructed in Peacock Manor Subdivision, Peacock Gap Improvement District, pursuant to proceedings conducted by the City of San Rafael under Resolution of Intention No. 6738 adopted February 6, 1984, in the approximate locations shown on the sketches attached hereto marked ` Exhibits "A" and "B" and composed of the material more particularly described thereon. ATTEST: DATED: , 1985. CITY OF SAN RAFAEL BY: NOT TO BE SIGNED City Clerk Mayor -12-