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Home My WebLink AboutRESOLUTIONS - 01011967 - 1967-234 RESOLUTION NO, 67/234 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE PACIFIC GAS & "ELECTRIC COMPANY AND THE COUNTY OF CONTRA COSTA IN CONNECTION WITH ASSESSMENT DISTRICT NO. 1967- 1, ROUNDHILL EST'ATE'S UNIT NO. 3, COUNTY OF CONTRA COSTA, CALIFORNIA BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, California, that the Chairman of the Board of Supervisors be authorized to sign and the County Clerk be authorized to attest, that certain agreement between the Pacific Gas & Electric Company and the County of Contra Costa, which said agreement is attached hereto. I HEREBY CLUIFY that the foregoing Resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Crista, California , at a regular neeting thereof, held on the 28th day of `':arca, 1967 , by the following vote , to wit : James P. Kenny, Alfred M. Dias, James E. Mori arty, AYES: Supervisors Thomas John Coles_ Edmund A. Linschei.d. NOES: Supervisors None. ABSENT: Supervisors None. .P 4SCff, County ClerK, County of Centra Costa California BY _- - ar arch Deputy ' 6 712 3 ) C— ,_ AGREEMENT FOR INSTALLATION, MAINTENANCE, OPERATION AND CONVEYANCE OF ELECTRICAL FACILITIES THIS AGREEMENT made and entered into this day of 1967 , by and between COUNTY OF CONTRA COSTA, a political su' division of the State of California, hereinafter called County, ROUND HILL ESTATES, a California corporation , hereinafter called Owner , and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Pacific,, W I T H E S S E T H that WHEREAS Owner is the owner of all that certain tract of land known as ROUND HILL ESTATES UNIT NO. 3 situate in the County of Contra Costa, State of California, withinthe bounda- ries shown on the map on file in the office of the County Clerk of the County of Contra Costa, designated "Map Showing Proposed Boundaries , Assessment District No . 1967-1 , ROUND HILL ESTATES UNIT NO. 3 , County of Contra Costa., California", which said prop- erty the Owner has subdivided for purposes of sale ;' and WHEREAS the Board of Supervisors of the County of Contra Costa pursuant to the provisions of the Municipal Improvement Act of 1913 , has adopted Resolution of Intention Number] 67-98 on the 14th day of February, 1967 , which provides for the 'fornation of a special assessment district to construct improvements within the boundaries of said district hereinabove referred to, including, among other things , electric distribution facilities , hereinafter called "Facilities" , which said Facilities are sown and delineated -1 on the sketch attached hereto marked Exhibit "A" and made a part hereof; and WHEREAS under the special assessment district proceedings hereinabove referred to, said Facilities are to be constructed by Pacific, and WHEREAS the Resolution of Intention hereinabove referred to also provides that ownership of said Facilities shall be vested in Pacific as authorized by the provisions of Sections 10109-10111 , inclusive , of the Streets and Highways Code of the State of California. NOW', THEREFORE, it is mutually agreed as follows : 1 . Pacific, upon the completion of said special assess- ment district proceedings hereinabove referred to, will commence and prosecute to completion the construction of all of said Facili- ties as herein provided. Pacific agrees upon completion of the Facilities and receipt of the- deed specified in Section 6 below, to thereafter operate and maintain said Facilities and furnish electric service to applicants therefor in said ROUND DILL ES'T'ATES UNIT NO. 3 and to the general public in accordancewith the Company 's applicable rules and rates as from time to time are on file with the California Public Utilities Commission of the State of California (Commission) . 2 . County agrees on behalf of said assessment district that there will be included in the amount of assessments to be levied and bonds to be sold in said proceedings the sum of $4 , 774 .00 , and County shall pay said sum, which is nonrefundable , to Pacific before Pacific commences the construction of said Facilities , said sum being the amount due and payable to Pacific in accordance with Section "D" of Pacific ' s Electric Rule No . 15 , f r� 7 -2- hereinafter called Extension Rule , a copy of which is attached hereto and made a part hereof, which provides that Pacific will be paid the difference between the estimated cost of an under- ground system and the estimated cost of an equivalent all over- head system. 3. Owner will , prior to the furnishing of any work or materials by Pacific , pay to Pacific a' refundable sum of $4 , 243 . 00 which is the estimated cost of an all overhead system equivalent to said Facilities shown on Exhibit "A" . Said sum will be subject to refund to Owner without interest in accordance with said Exten- sion Rule . 4 . Any rearrangement , relocation, addition to or other modification of the electric facilities shown on Exhibit "A", required for any reason other than the sole convenience of Pacific, shall be paid for on demand in advance by Owner. 5 . It is agreed that any payment to Pacific by County hereunder will be only from, the proceeds of assessments levied and bonds sold in said assessment district proceedings and that there shall be no liability upon County to make such payment from any other source of funds nor to perform any work required here- under nor any obligation upon Pacific to proceed hereunder if such funds are not made available . 6 . County and Owner shall , upon the completion of said .Facilities , execute and deliver to Pacific a deed, in form a copy of which is attached hereto , marked Exhibit "B" , and by reference made a part hereof, conveying said Facilities to Pacific. This paragraph creates no implication that the County of Contra Costa will either perfect any title or incur any expense in connection with the perfection of such title . 7,/234 Owner shall defend Pacific' s title and possession to said Facilities , and shall indemnify Pacific against any claim, loss or expense occasioned by Pacific directly or indirectly as a result of any attack on said title or possession by any person, firm, corporation or municipal or other public body or agency. 7 . Pacific will hold County and Owner harmless of any damage for injury to persons or property caused by Pacific in the operation of said Facilities . 8. Owner hereby grants to Pacific all necessary ease- ments and rights of way for the installation, operation, mainte- nance , repair and replacement of said Facilities and all parts thereof, and all necessary rights of ingress and egress over Owner ' s said subdivision by means of roads and lanes thereon, and Owner hereby further agrees to execute in the name of Pacific, such ether and further grants , conveyances , deeds or other documents , together with all other easements and rights of way', as may be deemed necessary by Pacific to protect or effectuate the rights herein granted to it or to perfect such rights of record. 9 . This agreement does not provide for the installation of underground electrical service from load location to secondary handholes or connection boxes . It is hereby understood that such underground electrical" service installations shall be arranged for and the cost thereof shall be borne by Owner or applicants for service who may hereafter acquire ownership in said ROUND HILL ESTATES UNIT NO . 3, in accordance with the provisions of Pacific ' s then applicable Electric Rule No. lb . -4- 10 . Pacific shall not be responsible for any delay in construction of said Facilities 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, delay in acquisition of satis- factory rights of way without cost to Pacific, the prosecution to completion, including appeals , of any condemnation suit which Pacific may deem necessary in order to obtain rights of way , act of God, or any other cause or condition of like or unlike char- acteristic which is beyond the control of Pacific. Pacific 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 Pacific' s control . 11 . This agreement shall not be assignable, by oper- ation of law or otherwise , unless Pacific first consents thereto in writing and the assignee , in writing assumes and covenants to perform all of County ' s and Owner' s obligations hereunder. 12 . This agreement shall at all times be subject to such changes or modifications by Commission as said Commission may, from time to time , direct in the exercise of its jurisdiction. P6 ae34 IN WITNESS WHEREOF the parties hereto by the represen- tatives thereunto duly au-horized, have caused this', agreement to be - executed on the day and year first above written. COUNTY OF CONTRA COSTA, a political ATTEST : subdivision of the State of California. ,. 41 County Clerk Chairman of the Board of Supervisors ROUND HILL ESTATES, a California. corporation By Its and by ;r � �< �� J—� r- Its Secretary 1 PACIFIC GAS AND ELECTRIC CONIPANY, a California corporation By '43 Manager, Commercial', Department and by Its Secretary _b.. t� .f -T EXHIBIT "B" CONVEYANCE KNOW ALL MEN BY THESE PRESENTS, that the County of Contra Costa, a political subdivision of the State of California, and ROUND HILL ESTATES, a California corporation, Sellers , for good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby assign, transfer, sell and convey unto PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Buyer, the following described underground electric distribution facili- ties heretofore installed and constructed in ROUND DILL ESTATES UNIT NO . 3, County of Contra Costa, pursuant to proceedings con- ducted by the .Beard of Supervisors of said County under Resolution of Intention No . 67-98 adopted February 14 , 1967 , that certain tract of land in the County of Contra Costa, State of California, in the approximate locations shown on the sketch hereunto annexed marked Exhibit "A" and made a part hereof and composed of the facil- ties particularly described thereon. ROUND FILL ESTATES hereby covenants that it and the County of Contra Costa are the lawful owners of the aforesaid property, that said property is free from all liens and encumbrances ; that it and the County have a good right to convey the same ; and that it will warrant and defend the title to said property against all claims and demands of any ;person, Firm, corporation or municipal or other public body or agency. whatsoever . ATTEST: COUNTY OF CONTRA COSTA, By County Clerk. Chairman of the Board of Supervisors ROUND HILL ESTATES By Its and by Its Secretary -2- 6712