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HomeMy WebLinkAboutSomerset Square Park Agreement Resolution No. 3172 - PG & E Co-Op - 12.01.1971 PG & E CO-OP SOMERSET SQUARE PARK AGREEMENT RESOLUTION NO. 3172 12/1/71 City of Cupertino Ma 0 December 6, 1971 TO: Wm. E. Ryder, City Clerk FROM: Lee Yarborough, Director of Public Works SUBJECT: Cooperative Park Area Agreement - Somerset Square Park Pacific Gas and Electric Company-City of Cupertino ---------------------------------------------------------------------_---- Transmitted herewith is the original and one copy marked "P.G.& E. Co. Copy" of the referenced agreement. These have already been executed by P.G.& E. After action by the City, please send P.G.& E. their copy together with the City's resolution to: Pacific Gas and Electric Company 20065 Stevens Creek Boulevard Cupertino, California 95014 Attention: Mr. H. C. Weavill Land Supervisor, San Jose Division sm attach. COOPERATIVE PARK AREA AGREEMENT RECITALS: PACIFIC GAS AND ELECTRIC COMPANY (PACIFIC), a California corporation, owns a parcel of land suitable for park development within the corporate limits of the City of Cupertino, State of California, on the southerly side of the inter- section of Stevens Creek Freeway and Junipero Sierra Freeway and described as follows: The portion of the parcel of land described and designated PARCEL 1 in the deed from the State of California to PACIFIC dated September 4, 1964 and recorded in Book 6662, page 457, Santa Clara County Official Records, lying on the northwesterly side of a line 10 feet northwesterly of the most northwesterly part of the structure of PACIFIC°s tower 0/3 and parallel with the northwesterly face of said tower. The CITY OF CUPERTINO (CITY) , a municipal corporation, acting by and through its council, now desires to develop a park on said lands and adjoining lands primarily for the benefit of the residents of the neighborhood. To provide for the development of the portion of the park within said parcel of land (hereinafter referred to as "the park area") , and to fix their respective rights and obligations with respect to it, PACIFIC and CITY hereby agree as follows: AGREEMENT: 1. PACIFIC hereby grants to CITY an easement for the use of the park area for the purposes of landscaping, developing, and maintaining the same, and of installing, maintaining, and using playground and other recreation facilities -1- thereon; provided, however, that CITY shall make no entry hereunder, except for planning purposes, until CITY has developed and PACIFIC has approved detailed plans depicting all improvements to be installed in the park area. 2. CITY shall, at its own expense, make any and all installations necessary for the protection of and access to PACIFIC's facilities installed in the park area. In the event that access installations include gates in fences installed by CITY or in the event the installations for the protection of PACIFIC's facilities shall contain gates, then such gates shall be provided with latching devices that may be fitted with multiple locks so that each party may install its own lock and open such gates independently of the other party. 3. CITY shall, at its own expense, develop the park area in accordance with the plans referred to in paragraph 1 and 2 above. 4. All chain link fences or any other metallic equipment installed by CITY shall be grounded in accordance with PACIFIC's established standards. 5. CITY shall, at its own expense, maintain the park area during the life of this agreement at the level of PACIFIC's established maintenance standards for similar developments. 6. The plans shall provide for no trees in the park area which, at maturity, will grow within fifteen (15) feet of the conductors suspended from PACIFIC's steel structures. Should any trees planted in the park area grow closer to such conductors than the clearances specified in this paragraph, whether to conductors now existing or hereafter installed as provided for in paragraph 7 below, CITY shall trim such trees, or any thereof, to conform to the aforesaid clearance requirements. If CITY shall fail to trim any such tree as aforesaid, PACIFIC shall perform such work at the expense of CITY. -2- 7. In the course of lands,::aping the park area, the vertical ground clearances beneath any of said conductors shall not be reduced to less than thirty (30) feet. In developing the park area, no playground equipment or facility shall be installed that exceeds a height of fifteen (15) feet. 8. Notwithstanding anything to the contrary herein contained, the development and landscaping of the park area shall at all times conform to the minimum re- quirements as to wire clearances as set forth in General Order 95 of the Public Utilities Commission of the State of California as such requirements now exist or may hereafter be amended. 9. CITY's right to develop, maintain and use the park area under this agreement shall at all times be subject to the prior and continuing right and obligation of PACIFIC to use and maintain its facilities in the park area in the performance of its duties as a public utility, and is further subject to the right of PACIFIC, without liability or obligation to CITY, except as provided in paragraph 10 below, to replace, remove, alter, or reconstruct its facilities in the park area, or place them underground, or to install any other facilities in the park area, whether overhead or underground, whenever in the interest of its service to its patrons or consumers, it shall appear necessary or desirable so to do. 10. PACIFIC shall repair any damage to the park area, including the lawns, shrubs or trees, or the sprinkler or irrigation system, or any other improvements installed in the park area by CITY under this agreement, resulting from PACIFIC's operations therein except as follows: -3- • ill (a) If PACIFIC shall place any overhead electric line underground at the request of or on the demand of CITY, or to satisfy any ordi- nance adopted by CITY, the costs of restoring the park area to its condition existing immediately prior to such work shall be borne by CITY. (b) If PACIFIC shall place any overhead electric line underground in order to satisfy any statute, ordinance, rule, or regulation of any governmental body or authority other than CITY, the costs of restoring the park area to its condition exii3,ing immediately prior to suc, work shall be borne equally by PACIFIC and CITY. 11. CITY shall indemnify PACIFIC, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of person, including but not limited to employees of PACIFIC or CITY, or injury to property, including but not limited to property of PACIFIC or CITY, arising out of or in any way connected with CITY's operations hereunder, excepting only such injury or death as may be caused by the sole negligence or willful misconduct of PACIFIC. CITY shall, on PACIFIC's request, defend any suit asserting a claim covered by this indemnity. CITY shall pay any costs that may be incurred by PACIFIC in enforcing this indemnity. 12. CITY shall procure and maintain in effect during the term of this agree- ment insurance for both bodily injury liability (including automobile) in the limits of $300,000/$300,000 for injury to or death of one or more persons as a result of any one accident or occurrence, and property damage liability (in- cluding automobile) in the limits of $300,0^0 for damage to property resulting from ,any one accident or occurrence. Such insurance (1) shall guarantee CITY's -4- performance of the indemnity obligation under paragraph 11 above and (2) shall be endorsed to (a) include PACIFIC as an additional named insured insofar as the use by the public of the development, maintenance and use by CITY, its agents, employees or contractors, of the park development under this agreement are con- cerned, (b) contain a cross liability for severability of interest clause, (c) provide that notice shall be given to PACIFIC at least 30 days prior to cancellation or material change in the form of such policies and (d) nullify any clause in such insurance excluding liability assumed under this agreement. CITY shall furnish to PACIFIC prior to CITY's entry on the park area under this agreement, and within not more than 30 days after execution thereof, certificates of insurance together with copies of the endorsements required herein. PACIFIC shall have the right to inspect the original policies of such insurance. 13. For the purpose of this agreement any contractors performing work here- under for CITY shall be deemed the agents of CITY and not of PACIFIC. 14. CITY acknowledges PACIFIC's title to the park area and agrees never to resist or assail the same for any cause arising out of CITY's occupancy of or activities in the park area during the life of this agreement or any renewal hereof; provided, however, that nothing in this paragraph shall be construed as an impairment of CITY's right to acquire property by proceedings in eminent domain. 15. The term of this agreement shall be twenty (20) years from and after the date hereof, and thereafter for successive periods of five (5) years unless or until terminated at the end of said twenty (20) years or at the end of any said five (5) year period by either party giving the other one (1) year's advance written notice of such termination. -5- 16. In the event CITY shall cease to maintain the park area, all rights granted CITY hereunder shall terminate. CITY, Ripon the termination of the rights hereby granted and at the written request of PACIFIC, shall execute and deliver to PACIFIC a good and sufficient quitclaim of said rights. Should CITY fail or refuse to deliver such quitclaim to PACIFIC crithin ninety (90) days after written demand therefore, PACIFIC may execute and record a written notice reciting such termination and CITY°s failure or refusal and, after ten (10) days from the date of recordation of such notice, it shall be conclusive evidence of the termination of said rights against CITY and all persons claiming under CITY. 17. Upon termination of this agreement CITY shall remove any and all equipment from the park area. If CITY shall fail or refuse to make such removal, then PACIFIC shall remove such facilities at the expense of CITY. All other improve- ments installed in the park area by CITY hereunder shall become the property of PACIFIC. 18. The foregoing grant is made subject to all liens and encumbrances which may affect the park area and the word "grant" as used herein shall not be deemed to be a covenant against the existence of any thereof. 19. Time is of the essence of the provisions hereof. 20. This agreement shall inure to the benefit of and bind the respective successors and assigns of PACIFIC and CITY. Dated: _ /z i ;j 1 PACIFIC GAS AND ELECTRIC COMPAIT a California Corporation MANAGER, um DEPART � �C)i.`S i � �•:�.11�is J And By Secretary CITY ur CUPERTI , Municipal Corporation By Mayor 1 Attest City Clem -6- 02-420D 5-69 (CORPVRATION�p CALW0jtr4U STATE C i ty and San Francisco . ....___.-County of--. On it the year 19-11 before me,......... Lucille Mullen ......Of - a Notary Public in and for the said County,duty commissioned and sworn,Personally appeal .................. ......____...................................................... ...... . Nolan-. ............. kno-am to me lobe the.-.------ .................................................... ........... of the corporation that executed the within instrument,and to be the persoop—who executed I said instrument on behalf of said corporation therein named,and acknowledged to me that n corporation executed the within instrument pursuant to its by-laws or a resolution of its board ITT directors. N IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal San Francisco its and the County of .............the day a year in this certificate first above written. ---------- .. . ...- ............................................... Lucille Mullen Notary Public in and for the i ty—and ............County of ...Francisco .....................Stage of Calijo .............................. alito" January 23, 1975 MYCommission Expires----------------------- --------------------------------------------------------------------------------------------------........................................... RESOLUTION NO. 3172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF It COOPERATIVE PARK AREA AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE PACIFIC GAS AND ELECTRIC COMPANY WHEREAS, the Pacific Gas and Electric Company is the owner of 3 certain parcel of land, within the corporate limits of the Ci_y of Cupertino, 4hich the City desires to develop as a park; and WHEREAS, there has been presented to the City Council a Cooperative Park Area Agreement between the Pacific Gas and Electric Compan% and the City of Cupertino describing said parcel of land and setting forth the provisions for the development of the park; and said agreement having been approved by the Director of Public Works and the City Attcrney; NOW, THEREFORE, BE IT RESOLVED that the 11-favor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED A10 ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of December , 1971 , by the following vote: AYES: Councilmen - Fitzgerald, Frolich, Irwin, Stokes, Noel NOES: Councilmen - None ABSENT: Councilmen - None ATTEST: APPROVED: Is/ Wm. E. Ryder 1 s/ Clyde L. Noel City Clerk Mayor, City of Cupertino THIS IS TO CERTIFY THAT THE WITHIN INSTRUMENT IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. ATTEST CITY CLERK OF THE CITY OF CUPERTINO BY " Decerber ?i. "Gcific f.as and .:lec.t:7.c Cc7:-)n v 2"C-uperti"O, California ' i Attention: .:r. I.I. C. :C'.: COO^CT^`1VC ..:'��� r�r^^ -CE_'71PII� - So^te?"St't SQL'I•*(`_ ^��"': :Cransmit-teu for your rr cc--J.> is _. z=ui t�. execute:', coT�v c` ^recnaert for the vcry t -ulv vows, Lee Z rb0:ou-,h :)i,--Ccl.:or Or ?'u^lic SM encl.