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HomeMy WebLinkAbout1992-5327 t . . - - ~ 1 c ,.......". "'-" 1 RESOLUTION NO. <;1?7 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT FOR REPLACEMENT OF 3 OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES ON SOUTH "E" STREET, FROM HUNTS LANE TO MACKAY DRIVE. 4 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION, 5 ACTING ON BEHALF OF THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 1. The Agency hereby approves the proposed with Underground Agreement for Replacement of Overhead Distribution Facilities on South "E" Street, from Hunts Lane to MacKay Drive, and authorizes the Executive Director of the Economic Development Agency to execute the Agreement, and to execute such other documents as may be necessary to implement the Agreement and to make any necessary non-substantive changes in the Agreement as may be approved by Agency Counsel. SECTION 2 . This Resolution shall take effect upon adoption. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 3-12-92 25 26 27 28 1 - 2 3 4 5 6 7 9 10 11 12 13 14 ~,.. 15 I ,~ ~L U V ; l1.v .1..t:. \,) h..i.. L, ...L L.... \..:J .t.u\.L,- \0;: ..i.. .i 1-.)1.\ U 1.' h\..:% .t\..c..c.u."<1.G2\t J.. ~~ 1. 'in S U G 'THE I:ZN CALIFORNIA EDISON COMPANY RELATING TO UNDERGROUND UTILI"'" 'S ON SOUTH "E II STREET, HU ""', LANE TO MACKAY. '1,""'" I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a Joint Re~u1ar meeting thereof, held on the 16 day of , 1992, by the following vote, to-wit: March Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x REILLY x 8 HERNANDEZ MAUDSLEY x x MINOR x POPE-LUDLAM x MILLER x ~~rY KENNETH J. HENDERSON The foregoing resolution is hereby approved this 16 /' ,~~ ~. ~ AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES (Substructure Installation by Applicants) (E5M 12.30.111) THIS AGREEMENT, made this 5th day of March between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called the party or parties whose names are subscribed hereunder as · Applicants", , 19.E.., "Utility., and WITNESSETH: WHEREAS, Applicants have requested Utility, pursuant to Section B. of Utility's Rule No. 20, Replacement of Overhead with Underground Distribution Facilities, to replace. Utility's existing overhead with underground distribution facilities at the location or locations in the County of SAN BERNARDINO ,State of California, substantially described as follows: "E" STREET, BETWEEN HUNTS LANE AND MAC KAY DRIVE IN THE CITY OF SAN BERNARDINO and as shown on the map attached hereto and made a part hereof; and WHEREAS, - a. It is necessary for all property owners served from Utility's overhead facilities to be removed to agree in writing to perform the wiring changes on owners' premises so that service may be furnished from Utility's underground distribution system in accordance with Utility's rules and that Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities, or .......... b. Suitable legislation is in effect requiring such property owners to make such necessary wiring changes and authorizing Utility to discontinue Utility's overhead service; and WHEREAS, Underground service connections to each applicant from Utility's ,undetgr6und distribution system will be installed and maintained as provided in Utility's rules applicable thereto; NOW, THEREFORE, in consideration of the premises, and of the mutual promises and covenants of the parties hereto, hereinafter contained, it is mutually agreed by and between the parties hereto as follows. viz.: 1. Applicants will pay to Utility concurrently with the execution hereof the nonrefundable amount of $ 20. ') 10.00, which is the excess, if any, of the estimated costs, exclusive of transformers, meters and services, of completing the underground system over building a new equivalent overhead system. The amount contributed thereto by each of said Applicants is designated after his name herein- after. 2. Applicants will furnish and install the pads and vaults for transformers and associated equipment, conduits. ducts, boxes, and electrolier bases, and perform other work related to structures and substructures including breaking of pavement, trenching, backfilling, and repaving required in con- nection with installation of the underground system, all in accordance with Utility's specifications and timing requirements at Applicant's expense. 3. Utility will complete the undergrounding of said overhead distribution facilities, pro- vided, however, Utility has been granted rights of way therefor satisfactory to and without cost to Utility. - seE eSD "",) REV )/71 (cw) 4. Parties hereto do hereby declare it is their mutual intention that title to and ownership o(saidunderground structures and substructures. consisting of pads, vaults, conduits, ducts, boxes, and electrolier bases shall vest in Utility. Applicants do hereby agree, that immediately upon completion of the underground system described hereinabove and acceptance by Utility, title to each and every com- ponent part thereof shall immediately pass to Utility without further action upon the part of Applicants. ~ 5. Applicants each agree Applicants will perform necessary wiring changes on Applicants' premises so that service may be furnished from Utility's underground distribution system in accordance with Utility's rules, and Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities. 6. This contract is subject to the Rules of Utility. 7. 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. IN WITNESS WHE;IiEOf, the parties hereto have executed this agreement on the day and year first above written. SOUTHERN CALIFORNIA EDISON COMPANY By 4 ~ I1r;:. District Manager ........ INLAND District ADDRESS AMOUNT CONTRIBUTED treet San Bdna CA 92410 S?O,i:)1000 S S $ $ TOTAL S 20.510.00 Witness ~ ~ Address.5?O/~ II 1/~/~#~7Imrr- , k ~/t/l 9..2'10/ . - 156-3 -2- ~~.~"''''''".''''....''''~-''-'~-