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HomeMy WebLinkAboutA2720 - GENERAL TELEPHONE GTE UTILITY OWNERSHIP AD 155 FORM 604914 (4_74, General Telephone Co AD 155 REF AO900.705 Utility Ownership D_ C California AGREEMENT #2720 R16785, 6-7-89 UNDERGROUND COMMUNICATION FACILITIES AGREEME' Cityof Palm Springs .a corporation WHEREAS, ,a partnership an individual hereinafter referred to as"Applicant"lathe owner of certain land known as Assessment DIstri ct #155 in the City of Palm Springs ,County of Riverside ,in the State of California;and, WHEREAS, Applicant desires or is required to have underground communication facilities placed in said land in accordance with and subject to the Tariff Schedules of General Telephone Company of California (hereinafter referred to as "General") which Tariff Schedules include,but are not limited to,Rule No.34;and, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Applicant agrees to execute and deliver to General,without cost,adequate easements for communication purposes on General's standard right-of-way document, said easements to be generally along the areas delineated in General's Construction Plan attached hereto and made a part hereof. General agrees to prepare the necessary rightrof-way document for Applicant's signature. 2. Upon the granting of said easements,Applicant shall,within a reasonable time after requested by General,perform the work required of it at its expense as set forth in the Construction Plan in accordance with Rule No. 34. If materials are furnished by General, Applicant shall use all reasonable precautions to safeguard General's materials. In furnishing said materials or performing said work,Applicant shall comply with all the terms and conditions of this agreement including the Construction Plan and Specifications, further including, but not limited to, the following special conditions applicable to the specific types of work or materials: a. If trenches are required to be furnished by Applicant,said trenches are to be dug, located, and backfilled in accordance with the Construction Plan and Specifications. If buried cable is to be placed by General,all trenches shall be of constant depth and clear and free of debris at the time General places the cable. b. The Construction Plan or a separate letter shall specify which party is to furnish and which party is to install any required supporting structures including manholes, vaults, pull boxes, terminal cabinets or conduit, and the type, size, locations, and applicable specifications for installation in accordance with Rule No.34. 3. All work required of Applicant shall be subject to the inspection and satisfaction of General. Applicant agrees that before any work in connection with this agreement is commenced, General shall be notified sufficiently in advance so that General shall have the opportunity to have a representative present at any stage of the work. Applicant further agrees that no backfilling or tamping of trenches shall be performed unless a representative of General is present during the entire operation,or unless General shall otherwise give its prior consent.General agrees to notify Applicant within a reasonable time that a representative of General will be present or that General consents to the Applicant proceeding without such representative. Failure of General to make the preceding notification shall be deemed to be General's consent to the Applicant proceeding without such representative. The failure of General to inspect said work or to have a representative present during various phases of the work, shall not relieve Applicant of its responsibility to perform said work in accordance with General's Construction Plan and Specifications. 4. Applicant shall indemnify and hold General harmless from any and all liability, loss, damage, or claims of any kind arising out of or resulting from any negligence of Applicant, or its contractors and subcontractors in connection with or related to the furnishing of materials or the performance of the work contracted for herein,or violations of this agreement by Applicant.This indemnity shall commence on the date this agreement is signed by both parties and shall continue in force for a period of sixteen (16)months thereafter,provided that the Applicant commences work within three (3) months after this agreement is signed by both parties. In the event the Applicant fails to commence work within the preceding time period,this agreement shall be null and void and of no force and effect. 5. Applicant shall advise and inform all persons performing excavation or other work upon the subject real property,or any part thereof,of the grade and location of General's facilities during such time as the Applicant has title, possession or control of the real property or such part thereof. This duty shall cease as to those portions of the real property which the Applicant has relinquished title,possession or control. 6. It is distinctly and particularly understood and agreed between the parties hereto, that Applicant is acting on his own behalf in performing, or causing to be performed, said work required of Applicant pursuant to this agreement, and that General is in no way associated or otherwise connected with the actual performance of the work or with the employment of labor or the incurring of other expenses. It is further understood and agreed, subject only to the conditions set forth herein,that Applicant shall have the sole control of the manner and means of performing this agreement. 7. Notwithstanding anything to the contrary in this agreement, Applicant agrees to reimburse General for General's full cost of relocating, rearranging and/or repairing its facilities when any or all of the foregoing is necessary and caused by Applicant changing established final grades or the locations set forth in the Contruction Plan and/or Specifications. Applicant understands that any significant change in the final grades or the location of General's facilities may necessitate relocation and rearrangement of General's facilities,or the foregoing may cause damage to General's facilities. 8. Applicant shall comply with all laws, ordinances, rules and regulations including, but not limited to,all applicable safety standards and rules. 9. Applicant agrees to provide General with a Bill of Sale for all conduit, manholes,pull boxes and other supporting structures,excluding underground supporting structures for separate service connections on private property to be served in accordance with Rule No.34. 10. In such instances as General shall have made a determination that said tract does not satisfy the density requirement for a subdivision, the Supplement attached hereto and made a part hereof, shall specify those specific provisions relative to the advance payment and refund requirements of Part A.3.d.of Rule No.34. 11. Nothing within this agreement shall be construed as limiting or modifying Rule No.34 or any other tariffs of General on file with the California Public Utilities Commission. Nothing in this agreement shall be construed as limiting or in any way waiving or affecting the right of General to collect from the Applicant any other or additional sum of money which may become due and payable to General from applicant by reason of services furnished or to be furnished hereunder. / q GENERAL TELEPHONE COMPAN OF CALIFORN Dated: [a— �/ By James Keeran Title Network APPLICANT City of Palm Springs Ey / � �� Y p 9 ��� -7- i Dated: r By Norman R. King Title City Manager Rights-of-Way Secured ,19_ Right-of-wayW.O. W.O. 525-31201I N, "ciiH ,7uh== U, RZ7!R11, To: BILL OF SALE r MT11 L17 SPf ' CITY OF PALM SPRINGS. A M?nicipxl Corp X-rtion NAME n Attention, Ernie Blevins, Department of Community Development S ADDRESS hereinafter referred tc1 as Grantor(o), for value received, hereby sells) and convey(s) to GTE CALIFORNIA INCORPORATED, a corporation, its successors and assigns, all right, title and interest in telephone property located within a portion of the Northwest Quarter of Section 20, Township 4 South, Range 5 East, San Bernardino Base and Meridian. Also known as Assessment District No. 155, Said telephone property is more particularly illustrated on "As-Built" Drawings "BT" through "GT", dated February 24, 1989, Work Order No, 525 31201I, attached hereto and made a part hereof. Said telephone property consists of all or any part of the following facilities placed by the Grantor(s) on the above described property: underground conduits, manholes, pull boxes, pedestals, and appurtenances for the transmission of electric energy for communication purposes. Said Grantor(s) hereby warrant(s) all title and interest herein conveyed, that is/are the owner(s) of the telephone property conveyed with full right to convey, that said telephone property is free of encumbrances, and that GTE CALIFORNIA INCORPORATED shall have quiet enjoyment of said telephone property, IN WITNESS WHEREOF, said Grantor(s) ha— caused this instrument to be executed this day of 19_1 ACCEPTED: GRANTOR: GTE CALIFRNIA INCORPORATED CITY OF PALM SPRINGS A -Municipal Corporation BY PAUL MILLER �1 ,, Mayor Title Right of Way-AggLt �_/_L 1LIZ— � City Clerk STATE OF CAL ORNIA )se. . T� COUNTY OF �� On this day of A 19-9-4 before me, the undersigned, a ivoF7 Pubii,p 1p and for a6id State,-personally red personalZ# known to me to be the Vor and City Clerk respectively, of the corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. 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