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Home My WebLink AboutRESO 4604~WJML:KJmh 5-24-72-45 RESOLUTION NO. 4604 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMEWr WITH THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY GREEN ACRES I UNDERGROUND UTILITIES CONVERSION PROJECT NO. 71-85 RESOLVED, by the Council of the City of Palo Alto, California, that the Agreement by and between the CITY OF PALO ALTO and THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, in form this date pre- sented to this Council, be, and it is hereby approved, and the Mayor is hereby authorized and directed to execute said agreement, in duplicate, on behalf of the City of Palo Alto, and the City Clerk is hereby directed to attest his signature and affix there- to the official seal of the City. * * * * * * I hereby certify that the foregoing is a full, true and cor- rect copy of a resolution duly passed and adopted by the Council of the City of Palo Alto, California, at a meeting thereof held on the 5th day of .. Tune, 1972, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: NOES, ABSENT, APPROVED: UNANIMOUS Councilmen: N01'il"E Councilmen: NORTON ·VJlL_uuc~ Mayor J , t/ './/.E~• /;c_q / lto ,, I ... : -<-t• -Cl.. ,, / ~ . ·/ -. , .-.. -1 · ~ 1· /.~:·--:: -- .-"•....-·' .. " l.1-"' ··,,/I tl{ / _ ·-"':· / ;, . .... • AGREE!-lENT ... -------- THIS AGREEMENT, made and entered into this ~---day of ---------I 1972, by and between the CITY OF PALO ALTO, ·a mun i c i pa 1 corporation, hereinafter called "City", and THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, a corporation, hereinafter called "Company", W I T N E S S E T H: ---------- WHEREAS, on February 28, 19"/2, the City Council of CITY, adopted Resolution No. 4566 entitled "A Resolution of Preliminary Determination and of Intention to-Acquire and Construct Improvements, Green Acres I Underground Utilities Conversion•, wherein CITY declared its intention to order certain work to b~ done and acquisitions and improvements to be made, including, but not limited to, the conversion of existing overhead electric and communica~ion fa~ilities to under- ground locations within the area shown on the map on file in the office of the City Clerk of CITY entitled "Proposed Boundaries of Green Acres I Underground Utiliti~ Assessment District No. 15, City ~ of Palo Alto, california•, hereinafter called •oistrict"; and WHEREAS, an underground 111:-ilities distribution system is required to furnish communication services thl'ouqhout said DISTRICT by means of underqround communication facilities to replace COMPANY'S existinq aerial facilities within said DISTRI:CT, NOW, THEREFORE, the parties hereto mutually agree as follows: l. CITY has furnished CO:·IPANY with copies of CITY' s drawing No. P-1147, dated March 27, 1972 and consisting of eleven sheets, hereinafter called •plans and specif !cations" showing the improvements to be made by CI'l.'Y. Said plans and specifications ha~e been approv-ed .. -------------· • by COMPANY insofar as they relate to the conduits and pull boxes neces- sary to enable COMPANY to install its underground communication distribution system within DISTRICT. 2. Upon approval of said plans and specifications by CITY, CITY shall proceed with the formation of an assessment district in the . manner provided by law. It is understood by the parties that CITY cannot commit itself to the formation of said DISTRICT in advance and this agreement shall become effective only after the assessment district proceedings have been taken. 3. After said assessment district proceedings have beer. taken, CITY shall furnish and install all conduits and pull boxes in . public streets and in easements obtained or to be obtained by CITY within said DISTRICT necessary for the installation by COMPANY of its - underground conununications distribution system, all in strict ac- cordance with and as shown on -said plans and specifications. Title to all conduits and pull boxes so furnished and installed by CITY for '. COMPANY usage shall vest in COMPANY. .-1 4. If for any reason all of the provisions of paragraphs 1, 2 and 3 above have not been complied with on or before July 1, 1973, this agreement shall fort.~with terminate and neither of the parties hereto shall have any further obligatlon hereunder. ~ . , "'" . 5. COMPANY shall n'Jt be accountable or responsible for any · ' work, material, labor :or o"(:er thing furnished or done by or on behalf· . , of CITY in the performance"of this 'agreement or for any personal • injury, death or property damage arising directly or indirectly there- from, and if any claim or demand therefor shall be asserted against COMPANY, CITY shall defend, indemnify and hold harmless COMPANY against and fror such claim or demand. 6. Upon performance of all of the provisions set forth in paragraphs l, 2 and 3 above within the time limit set forth in paragraph 4_above, COMPANY shall install its underqround communications distribu- tion system. COMPANY shall perform other work-necessary to establis~ j • • by COMPANY insofar as they relate to the conduits and pull boxes neces- sary to enable COMPANY to install its underground COll\1DUnication distribution system within DISTRICT. 2. Upon approval of said plans and specifications by CITY, CITY shall proceed with the formation of an assessment district in the ' manner provided by law. It is understood by the parties that CITY cannot conunit itself to the formation of said DISTRICT in advance and this agreement shall become effective ~nly after the assessment district proceedings have been taken. 3. After said assessment district proceedinqs have been taken, CITY shall furnish and install all conduits and pull boxes in public streets and in easements obtained or to be obtained by CITY within said DISTRICT necessary for the installation by COMPANY of ita underground communications distribution system, all in strict ac- cordance with and as shown on said plans and specifications. Title · to all conduits and pull boxes so furnished and installed by CITY for COMPANY usage shall vest in COMPANY~ 4. If for any reason all of the provisions of paragraphs 1, 2 and 3 above have not been complied with on or before July 1, 1973, this agreement shall forthwith terminate and neither of the parties hereto shall have any further obligaelon hereunder • . '- 5. COMPANY shall not be accountable or responsible for any . work, material, labor or other thinq furnished or done by or on behalf of CITY in the performance of this agreement or for any personal • injury, death or property damage arising directly or izadirectly ther•- from, and if any claim or demand therefor sh.all be asserted against COMPANY, CITY shall defend, indemnify and hold harmless COMPANY against and from such claim or demand. 6. Upon performance of all of the provisions set forth in paragraphs 1, 2 and 3 above w~.thin the time limit set forth in paragraph -. 4 above, COMPANY shall install its underground communication• distribu- tion system. COMPANY shall perform other work necessary to establis~ i .. • • communications service as requested by applicants·and customers within said DISTRICT by means of said system, subject to the condition that the property owners in said DISTRICT are req~ired by suitable legislation to provide and maintain the necessary underground supporting conduit structure.on their property and such conduit structure has been provided in accordance with COMPANY'S construction standards and with COMPANY's applicable rules and regulations on file with the Public Utilities Commission of the State of California and further subject to any applicable charge involved in so establishing said service. 7. COMPANY shall remove its existing aerial communication facilities which have been replaced with underground communication facilities within DISTRICT when said property owners have provided the underground supporting conduit structure on their property in accordance with paragraph 6 above and communication service to customers within the DISTRICT has been provided by means of said underground communications distribution system. 8. COMPANY shall thereafter remove those poles within • DISTRICT which were u~ed to support COMPANY'S and CITY'S aerial facilities after all facilities have been removed from such poles.by the parties responsible therefor. CO~IPANY shall fill all holes that remain after the removal of the poles and shall restore the surface- of the qround, as nearly as practicable, to the same condition as that ' ! , i ·i ' I l 1 • . ' ~ : (· • i • . . ........ • of the immediately adjacent area. IN WITNESS ~nIEREOF, the parties hereto have caused this a9reement to be executed the day and year first above written. CITY OF PALO AL't() THE PACIFIC TELEPHONE ANO TELEGRAPH COMPANY ATTEST: City Clerk ·" APPROVED AS TO FORM: City Attorney APPROVED AS TO CONTENT: cilief Electrical Engineer • I " ·•II.. •