HomeMy WebLinkAboutReso 1985-12107 RESOLUTION NO. 12107
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
SAN DIEGO GAS & ELECTRIC COMPANY FOR THE PURPOSE
PROVIDING A DEPOSIT FOR THE EXTEHSION OF A
NATURAL GAS LINE EASTERLY ALONG OTAY VALLEY ROAD
AND NORTHERLY ALONG MAXWELL ROAD WITHIN THE OTAY
VALLEY ROAD REDEVELOPMENT PROJECT AREA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista has previously approved an
agreement with San Diego Gas & Electric Company for the extension of a natural gas
line easterly along Otay Valley Road and northerly along Maxwell Road and has author-
ized the expenditure of $35,000 for that project; and,
WHEREAS, the scope ofs~d project has recently been revised
eliminating the need to extend the natural gas line along the northerly section of
Maxwell Road and along Research Court; and,
WHEREAS, the reduction in the scope of work for this project will
reduce the cost of the project to $29,094; and,
WHEREAS, San Diego Gas & Electric Company has agreed to reimburse
the difference between the new contract amount and the old contract amount, or
$5,494, to the City of Chula Vista within 30 days after receiving the new signed
agreements; and,
WHEREAS, the City will be further reimbursed by San Diego Gas &
Electric Company as new firms tie into and use the natural gas line.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista hereby
approves an agreement with San Diego Gas & Electric Company for the extension of a
natural gas line easterly along Otay Valley Road and northerly along Maxwell Road
and including design court in consideration for a deposit totaling $29,094 to the
San Diego Gas & Electric Company, said agreement attached hereto as though fully
set forth herein, with the understanding that deposited funds will be reimbursed to
the City as new firms tie into the gas line and begin using the service.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to
execute said agreement on behalf of the City Council.
Presented by Approved as to form by
P~! G. D~ochers, Community Thomas J. Harron, City'Attorney ~' f
Development Director
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 23rd day of July
19 85 , by the following vote, to-wit:
AYES: C0unci]members Cox, Malcolm, McCandliss, Scott, Moore
NAYES: Council members None
ABSTAIN: Councilmembers None
None
ABSENT: Counci] members
ci,. of Ch,,la vis,.
City clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUT[0N NO. 12107 ,and thot the same hos not been amended or repealed.
DATED
(seol) City Clerk
CC-660
THIS AGREEMENT CANCELS & SUPERSEDES Submitted to Applicant By:
AGREEMENT SIGNED & DATED MAy 17, 1985 Barry All~e~
AGIIEEMENT FOR GAS EXTENSION TO AND ~-iTHIN
NEW SUBDIVISIONS OR DEVELOPMENTS
This Agreement is made and entered into, by and between SAN
DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility",
and C//~/Zff ~/~/~g~ f//J/~ , hereinafter
called "Applicant".
Whereas, Applicant requests Utility to furnish Gas Service to
the premises known as OTAT YALLE~ INDU~TRIALP~
located at Maxwell R~ad N/0 0~ay
Ch~a Villa, CA , therefore,
In consideration of the mutual promises herein, the parties
agree as follows:
1. Utility shall construct, own, operate, and maintain a gas
extension, more particularly delineated upon the map
attached hereto.
Applicant shall advance cash in the sum of $ 29,094,00
for the extension hereunder, as computed in Appendix A,
receipt of which is hereby acknowledged by utility.
Utility agrees to rei'und any refundable advanced made in
accordance with its Extension Rules in effect as of the
date of this Agreement.
3. If within 60 days after the effective date of the Contract
Documents the Applicant has not started to perform the
work required by the Contract Documents, the Contract
Documents shall terminate and become void. In that
event, Utility shall return the above cash advance and
all of Utility's obligations under the Contract Documents
shall cease.
Once Applicant has started to perform the work required
by the Contract Documents, Applicant agrees to exercise
reasonable diligence in pursuing such work to completion
within one year after the effective date of the Contract
Documents. If such work has not been completed within
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one year after the effective date of the Contract
Documents, Utility shall have the right, upon giving
~Titten notice to Applicant, to cancel and terminate
the Contract Documents. If Utility elects to cancel
and terminate the Contract Documents, Utility shall
return to Applicant an amount equal to the above cash
advance minus Utility's costs. "Utility's cost" is
defined as the actual cost (including but not limited to
labor, materials and overhead) incurred by Utility prior
to such cancellation and termination in connection with
work done in furtherance of Applicant's project, plus
the actual cost of removing a~y of the Utility installed
facilities which Utility desires to salvage, minus the
salvage value of such facilities. In the event Utility's
costs exceed the above cash advance, Applicant agrees to
pay Utility a sum equal to the amount by which the
Utility's costs exceed the advance. Upon exercise of its
right to cancel and terminate and upon payment to Appli-
cant, all of Utility's obligations under the Contract
Documents shall cease.
5. Applicant shall, upon Utility's request, execute Utility's
~ standard form easements for the construction, service,
presence, maintenance or inspection of Utiltty's facilities
as maybe required hereunder.
6. No refund payment will be made by Utility in excess of
the refundable amount advanced by Applicant, nor after a
period of ten years from the date the Utility is first
ready to render service from the extension. Any unrefunded
amount r~maining at the end of the ten-year period will
become the property of the Utility.
?. This Agreement may be assigned by Applicant only upon the
assignee's written acceptance of said assignment, and the
prior approval of Utility as evidenced by written endorse-
ment thereon; however, such approval shall not constitute
a release of Applicant's obligation hereunder unless
expressly so provided in said endorsement. Utility may
refuse to accept an assignment of this Agreement unless
executed on a form furnished and approved by Utility.
~ 8. Applicant shall be governed by Utility's applicable Rates
I and Rules on file with the California Public Utilities
Commission, which Rates and Rules are made a part hereof
by reference, and a copy of which will be furnished to
Applicant on request. This Agreement shall at all times
be subject to such changes or modifications as said
Commission may, from time to time, direct in the exercise
of its Jurisdiction.
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9. If Applicant is a corporation, partnership, Joint venture
or a group of individuals, the subscriber hereto repre-
sents that he has the authority to bind said corporation,
partners, Joint venture or individuals, as the case may
be.
10. The Contract Documents shall become effective only upon
the date signed by the authorized representative of
Utility.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed for and on behalf of each, by their duly
authorized agents, partners, or corporate officers.
Mayor
Authorized 'Si~at~e-Utility
Address: Date: v/~/t~ ~, /q,~
City Hall
276 Fourth Avenue ff~ f~F ~'7~ ~//7~
Chula Vista~ C~ ~ D10
Date: July 2B~ 198~
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Applicant City of Chula Vista
APPENDIX A
I. Data Pertainin~ to This Installation
Order No. I~O70 R2 Date Utility Ready to Render Service
1. Total Estimated Cost Advanced for This Installation ~$ 20,09&.00
II. Record of Advances for This Installation
Refundable
Amount Percent
Name Address ...... Advanced of Total
Total $... 29,094.00
III. Record of Refunds Made Under This A~re-ment
Date Lot Refunds
Set No. Address Added Individual Total Date Balance