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HomeMy WebLinkAboutResolution No. 5356RESOLUTION NO. 5356 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a lease or agreement with PACIFIC GAS AND ELECTRIC COMPANY, a copy of which is hereto 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 Tuesday, the sixth day of September, 1977, by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini NNE M. LEONCINI, City Clerk O'S R 1 %4 N A L S3.�4 (PACIFIC GAS AND ELECTRIC COMPANY GAS SERVICE CONTRACT This contract cancels and supersedes that certain gas contract dated September r, 1977 erltitled "Pacific Gas and Electric Company Gas Clain Extension and Service greem-ent Mon residential Priority P-1. REFERENCE G.O. 2675 5.0. 44291 City of San Rafael ------------------------......................................... .... •-----•-•--....................................................... ..........................................................> hereinafter called Customer, hereby agrees to purchase from PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called Pacific, and Pacific hereby agrees to sell and deliver to Customer during the term hereof, all of the gas service required for the operation of Customer's gas-fired apparatus, upon Customer's premises at . . .................:........................................... Golf Avenue,San Rafael .........................••-•-- I ......................................................... .-...................... ---.............. ................................................................... State of California, all in accordance with the applicable rates and rules legally established from time to time and on file with the Public Utilities Commission of the State of California. Customer shall pay Pacific monthly for said service at any estab- lished office of Pacific. For the initial purposes hereof Customer hereby selects Schedule No...............C.JX natural �a5 Service," a copy of which schedule is hereunto annexed, as the schedule of rates and charges applicable hereunder. Customer agrees that the rated capacity of the gas-fired apparatus to be operated by Customer hereunder shall at no time be less than the sum of the rated capacities of the following equipment: Cooking,Water Heating and Building HeatingEquipment (corre%rcial units) ---••----------••--•---•--•-•----•-•-•--•-•-•-•••-•--------•-••---------------------•--•-••-•-.•----••.•--.--•---------------••-•------•--------•--•-•--------•••••-••...............-•----•...--- 500,000 BTU (1 meter) .-......------.-----------------------------------------------••-•--•---------•••-••-••-•--------•--------------•••-•---..........•--•-............................................ .................... Delivery of gas hereunder by Pacific shall be at the point where pipes owned, leased or under license by Customer contact Pacific's pipes, but for the convenience of the parties hereto said gas may be regulated .ind/or metered at such location on the Customer's side of said point of delivery as shall be agreed upon by the parties hereto. This contract shall continue in force for an initial term of ................._ ..............................................years from and after date of meter set --------------------------------------------------------------- and thereafter from year to year until terminated at the end of said initial term or subsequent year by either party hereto giving the other thirty (30) days' prior written notice thereof. Customer may, with Pacific's written consent, assign this contract if the assignee thereof will in writing agree to perform this contract. This contract 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. Executed this ............ --------.--day of ....................................... City of San Pafael ............................................. to - mer -......... ...... PACIFIC GAS AND ELECTRIC COMPANY to Attest: Mayor ----------------------------••. ...-•-••-•-•--••--•••---••-----••-•-•--•-----•--•--.... City Clerk Mailing Address: -140.0= Fi i:tii hf _:-t ................................. San Rafael, Ca. 94901 By:.......•••••---•-•--•-•-•--•-•--•--••-•........••-•••-••----••-•----•-----•---------------• Nianager "Ir" ti, P,- Division 1..... . CL. .i c. 0sZa610 REV. a -e1-20 PAoa `•.... ... ..------ f cGINA A. BUC1-IANAN - Deputy City Clerk COPIES ❑ DIVISION ❑ APPLICANT ❑ POWER ACCOUNTS ❑ DISTRICT (PACIFIC GAS AND ELECTRIC COMPANY GAS SERVICE CONTRACT This contract cancels and supersedes that certain gas contract dated September r, 1977 erltitled "Pacific Gas and Electric Company Gas Clain Extension and Service greem-ent Mon residential Priority P-1. REFERENCE G.O. 2675 5.0. 44291 City of San Rafael ------------------------......................................... .... •-----•-•--....................................................... ..........................................................> hereinafter called Customer, hereby agrees to purchase from PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called Pacific, and Pacific hereby agrees to sell and deliver to Customer during the term hereof, all of the gas service required for the operation of Customer's gas-fired apparatus, upon Customer's premises at . . .................:........................................... Golf Avenue,San Rafael .........................••-•-- I ......................................................... .-...................... ---.............. ................................................................... State of California, all in accordance with the applicable rates and rules legally established from time to time and on file with the Public Utilities Commission of the State of California. Customer shall pay Pacific monthly for said service at any estab- lished office of Pacific. For the initial purposes hereof Customer hereby selects Schedule No...............C.JX natural �a5 Service," a copy of which schedule is hereunto annexed, as the schedule of rates and charges applicable hereunder. Customer agrees that the rated capacity of the gas-fired apparatus to be operated by Customer hereunder shall at no time be less than the sum of the rated capacities of the following equipment: Cooking,Water Heating and Building HeatingEquipment (corre%rcial units) ---••----------••--•---•--•-•----•-•-•--•-•-•-•••-•--------•-••---------------------•--•-••-•-.•----••.•--.--•---------------••-•------•--------•--•-•--------•••••-••...............-•----•...--- 500,000 BTU (1 meter) .-......------.-----------------------------------------------••-•--•---------•••-••-••-•--------•--------------•••-•---..........•--•-............................................ .................... Delivery of gas hereunder by Pacific shall be at the point where pipes owned, leased or under license by Customer contact Pacific's pipes, but for the convenience of the parties hereto said gas may be regulated .ind/or metered at such location on the Customer's side of said point of delivery as shall be agreed upon by the parties hereto. This contract shall continue in force for an initial term of ................._ ..............................................years from and after date of meter set --------------------------------------------------------------- and thereafter from year to year until terminated at the end of said initial term or subsequent year by either party hereto giving the other thirty (30) days' prior written notice thereof. Customer may, with Pacific's written consent, assign this contract if the assignee thereof will in writing agree to perform this contract. This contract 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. Executed this ............ --------.--day of ....................................... City of San Pafael ............................................. to - mer -......... ...... PACIFIC GAS AND ELECTRIC COMPANY to Attest: Mayor ----------------------------••. ...-•-••-•-•--••--•••---••-----••-•-•--•-----•--•--.... City Clerk Mailing Address: -140.0= Fi i:tii hf _:-t ................................. San Rafael, Ca. 94901 By:.......•••••---•-•--•-•-•--•-•--•--••-•........••-•••-••----••-•----•-----•---------------• Nianager "Ir" ti, P,- Division 1..... . CL. .i c. 0sZa610 REV. a -e1-20 PAoa `•.... ... ..------ f cGINA A. BUC1-IANAN - Deputy City Clerk Appl i cant •_ : _ _ F.EFERF '10. GG 2675 Division District TER1iIIIATION DATE Customer Accounting PACIFIC GAS XID ELECTRIC COI1Pn;IY . GAS MA 11.1 EXTENSIO11 _ AJID SERVICE AGREEI;E111' NONRESIDENTIAL PRIORITY P1 j, CITY OF SAN RAFAEL (Applicant) agrees to purchase from PACIFIC GAS A„D-ELECTRIC CO11PA,1Y (PGandE-) and PGandE agrees to install gas supply facilities and to sell and deliver gas to Applicant, if and when PGandE small have same available as to which PGandE shall be the sole judge up to but not exceeding a maximum rate of flow of 0.5 thousand cubic feet per hour for a total daily requirement of 12,0 thousand cubic feet for use by the Applicant at GOLF AVENUE, Sail NAFAEL,r!ARI1,1 County, State of California. Gas service shall*be supplied in accordance with and subject to PGandE's applicable rates and rules established by it from tine to time and on file with the California Public Utilities Commission (Commission). 2.Applicant intends to use the gas as a fuel in the operation of the following described gas-fired equipment (Equipment) the classification of use of which shall be priority P1 in accordance with Rule 'Io. 21, a copy of which is attached: COOKING ( 2 rt'CFM`,' per hour) WATER HEATING 2 r.FJWF per hour) BUILDING HEAT 21° CF r,,,r . oar 3. Applicant shall pay for gas service, at the rates and charges applicable thereto, and as initially set forth in PGandE's presently effective Schedule No. GlXrb selected by Appl i cant, a copy of ti;hi cls is attached. Q. Gas sha delivered hereunder at th nt where the facilities owned, leased, or under license by Applicant contact PGandE's facilities. 5. To provide gas service to Applicant, PGandE shall install, own, and maintain certain facilities which may consist of a gas main extension, a :.service pipe extension and/or enlargement (Facilities) as shown on the attached drawing marked Exhibit "A". PGandE's entire estimated cost to install the Facilities of $ 277.00 (Payment) shall be paid to PGandE by Applicant on demand and in advance of any construction by PGandE as a nonrefundable amount in accordance with PGandE's Gas Rule No. 15, Section E.7 and/or Rule No. 16, Section I.1, copies of which are attached. PGandE shall install, own and maintain the necessary meter and regulator. 6. This agreement shall become effective when signed by the parties and shall continue in effect from month -to month until terminated by either party by giving the other party thirty days' advance written notice of termination, provided, however, that if Applicant has not completed his obligations hereunder within twelve (12) months following the effective date hereof, PGandE shall have the right to terminate and/or supersede this agreement upon thirty (30) days' written notice to Applicant and adjust any amount paid or require an additional amount to be paid by Applicant to reimburse PSandE for any construction, engineering, surveying, right of way acquisition or any other associate expenses incurred by PGandE_ PGandE's rights under this section shall not be exclusive but shall be in addition to any and all other legal or equitable remedies which PGandE may have available. 7. Applicant agrees (a) to install any required foundation, slab and/or enclosure for meters and regulators, the location and design of which shall be approved by PG-ndE, (b) to install promptly piping adequate for the utilization of gas for the operation of the Equipaicnt, (c) to install all of the Equipiment within six months after the date PGandE is ready to supply gas service hereunder and (d) thereafter to maintain and operate the EquiprrIent in a bona fide manner. 2: Revised (8/77) B. All f ties installed by PGandE I -oder shall be and remain the sole property of PGandE, and PGandE shall be entitled to remove or abandon in place all or any portion of the facilities at PGandE's option, upon termination of service. _- _ - 9. Applicant may, with PGandE's written consent, assign this agree rent, if the assignee, thereof will, in writing, agree to perform Applicant's obligations hereunder. • 10. PGandE shall not be responsible for any delay in either the performance of Applicant's obligations under this agreement or completion of the Facilities by PGandE resulting from shortage of labor or materials, strike, labor -disturbance, war, riot, weather conditions, governmental rule, regulation or order, including orders or judgments of any court or commission, delay in obtaining necessary rights of way, act of God, or any cause or condition beyond the control of PGandE. PGandE shall have the right, in the event it is unable to obtain supplies, material or labor for all its construction requirements, to allocate materials and labor to construction -projects which it deems, in its -- sole discretion, 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. - - 11. Applicant 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 Applicant, or injury to property, including, but not limited to, property of PGandE or Applicant, arising out of or in any ti,ray 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. 3: 12. This ap., it shall not .become effect -i _ til authorization of the Commission is first obtained and shall at all tires be subject to such .changes or modifications as the Commission may, from time to time, direct in the exercise of its jurisdiction. - - Executed this Sixth day of September , 1477 • - PACIFIC GAS NID ELECTRIC C0�1PANY MY OF SAN RAFAFL r -Applicant Its: vice—Mayor ;- -----� For: Manager, NORTH BAY Division 1400 Fifth�Strleet q M al } ggff1ress � } San Rafag-1 Attachments: Rule No. 15 Rule No. 16 x Rul a No. 21 Schedule i10 . ri XP, Exhibit "A" x 4: �• .-i r -:. ..- ^7'r�;'a +,x. 1-;TF.:�%� •...�..' 'O.F as I f' :!: «7t't`�"' �. art �i--c� { f'� t ✓ ,fid • �.'6� ij�„*h F ty�n+'i'•�•i,1��7 A ',..•�f� T\1r"I�l� _ �^', 'X.�:_'.F�. % �` �� '. .��, rner• t'`�Fh.. x, ,�,i'.' ..tib -^a�• ,,.."� ° '�.. _ r •�``• .^, ��•'�.-. A' }��4: •:,. :'.=,„,ri��;,,,i_:^':;n._,„,1.., _ .a ..r. .. -� v•. (;�7 I i4",�,,a';. err ,f,,'ir :+ � �r-. 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