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HomeMy WebLinkAboutResolution No. 5663RESOLUTION NO. 5663 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 Tele-vue Systems, Inc., DBA Viacom Cablevision, transferring underground duct system in Fairhills area to City of San Rafael a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the sixteenth day of April 19 79 by the following vote, to wit: AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen M. LEONCINI, LNity Clerk 1/78 -CC AGREEMENT TRANSFER OF UNDERGROUND DUCT SYSTEM THIS AGREEMENT made and entered into this day of 1979, between the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "City" and the TELE-VUE SYSTEMS, INC. DBA VIACOM CABLEVISJ ON, a Washington Corporation, hereinafter referred to as "Viacom". •WITNESSETH: THAT WHEREAS, pursuant to San Rafael City Ordinance No. 1294, the City Council of the City amended Charter Ordinance No. 898, thus renewing and extending the cable television franchise of Viacom for a ten year period, ending February 28, 1988; and WHEREAS, in furtherance of its franchise performance, Viacom has extended its service to and throughout the Fairhills area within the City, and, WHEREAS, as a condition to the extension of its franchise with City, Viacom agreed to transfer the entire duct system within said Fairhills area and to assume all maintenance responsibility therein; and, WHEREAS, said duct system is more particularly described in Exhibit "A", attached hereto and incorporated herein. NOW, THEREFORE, in consideration of the mutual conditions set forth herein, the parties and each of them do hereby agree as follows: 1. By this document's execution, Viacom does transfer and City does accept all of the underground duct system as described in Exhibit "A" herein. 2. Viacom agrees to maintain indefinitely the underground duct system. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year above written. LAWRENCE E.�MULRYAN, Mayor City of San Rafael Attest: ANNE M. LEONCINI, City Clerk TELE-VUE SYSTEMS, INC. 1.4 Approved as to form: I VTl'rn rm T Description of Underground Duct System Fairhills Area, San Rafael, California All conduit, terminal boxes, pedestals, trenching, back fill, street restoration and labor to install the above situated in and on the following streets in the City of San Rafael, California: Fairhills Drive, Treehaven Drive, Twin Oaks Drive, Idlewood Place, Pepper Way, Valley View Avenue, Edgewood Way, Rustic Way, Oakmont Way, Oakmont Avenue, Oakmont Court and Wildwood Way. The total linear measurement of the trench for conduit is 17,932 feet (3.4 miles). 10 B/18