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HomeMy WebLinkAboutPole Contacts - P.G. & E - 1975 Cif-y - P.G. & E. �ixrs-�ys� �,� � �c �� y as P09L � Et surz OPELOWT. AGREEMENT COVEMNO POLE CONTACTS PACIFIC GAS AND ELECTRIC COMPANY, a Cidifornia corporadau, hereinafter called Pacific, CITY OF CUPUTZWgi a Cal3fornla r=n1c1ya1 corporation hereinafter called Permittee, hereby agree as follows: 1. In consideration of Permittee's pro ism herrein Pacific hereby gives Permittee permission, on the terms and conditions herein stated, to install, maintain and use equipment on the pales and for the purposes designated on the sketch attached hereto, marked Exhibit A and hereby made a part hereof. N This p€:ry iesion is personal to Permittee and shall not be assigned in whole or in part wi iout the written consent of Pacific first being had. 9. Permittee shall install its equipment on said poles in the manner designated on Exhibit 4, and thereafter at all times maintain and operate same in a skillful,lawful and proper manner satisfactory to Pacific and so as not in any way to interfere with any power line,telephone line or other structure maintained or operated by Pacific or others. 4. Permittee shall pay to Pacific on the fist day of each January the sum of.._._. Free _ for each pole contacted hereunder on such day, provided, however, that such payment shalt not be less than Prom __..so long as Permittee shall contact any of said poles hereunder. 6. All of said equipment shall be installed and maintained at the sole risk and expense of Permit- tee, and in this connection Permittee shall indemnify Pacific, its officers, agents, and employees against all loss, damage, expense, and liability resulting from injury to or death of person or injury to property arising out of or in any way connected with the exercise by Permittee of the privileges herein given. 6. Within thn:ty days after being given written notice by Pacific to do so,Permittee shall remove its equipment from such poles as may be designated in such notice,and at the expiration of said time all rights of Permittee to use such poles sal designated shall forthwith cease. If Permittee fails to re- move its equipment from such poles within,said time,Pacific shall have the right to do so at Permittee's risk and expense. Such removal, whether by Pacific or Permittee, shall not release Permittee from any obligation, whether of indemnity or otherwise, accruing prior to such removal or arising out of as occurrence happening prior thereto. 7. If Permittee fails to use its equipment for any period of sixty consecutive days that fact shall be conclusively presumed an abandonment thereof by Permittee and shall terminate all rights of.Per- mittee hereunder, whereupon Pacific shall have the right, on giving Permittee ten days' written notice of its intention so to do, to remove said equipment at Permittee's risk and expense, and retain same as its own. Such abandonment shall not relieve Permittee of any obligation,whether of i adem- nity or otherwise, accruing prior to completion of such removal by Pacific or which arises out of an occurrence happening prior thereto. S. Any notice to Permittee hereunder shall be deemed given on the date of its deposit in a'United States post office enclosed in an envelope, postage prepaid, and addressed to Permittee at its last known address. 9. Permittee shall obtain from public authorities and private owners of real property any and all permits, licenses or grants necessary for the lawful exercise of the permission hereby given. 10. Time is of the essence hereof. Executed this. T day of__.__. PACIF71C GAS AND E=,TRIC COMPANY w�neow�+►awoc� CITY of and yij' 0 P000 CITY ®r CLI ?ERTINO ®E'SIRk Sf To IHS7A4LL .SKIITCHI NC. EIVLJIf'M4'�IV7- e ' e ' RL►ER ia 6-kdLh/D ltr'E 19 V Q1.1AD \ LGDh'IN� �D[ITf� IklcCLELLAIV ILL . f r f 1y r i� I� AL L !NJi'/a L L A i/DN 1' 7-6 CO r-i f=D.x l 7 T� C`.1'. L). C l,7A/--I c-/3 - 23 APPROVED BY _ CHO. -DATE_,__ DEb..AI PTION GM BY CH. APPP� SUPERY.BY !_";.r/1 '' / t ' ` ]� / /�/ DRAWING LIST DSC.N. I T `/ 1- Li P L_ I\' r / l 9 t--/ SUPERSEDES PR :r ; i� n I j /'; r �I r �,,/ SUPERSEDED BY r" �• C A N 1 A C. L A R A (_C U I v 1 ! SHEET NO. SHEE?f CH. -'` r. O.K. L 111 7 i r:G� L i) (z r. L,A hJ Jc3 S� .�i1/, oRAwINo Nuie6ER c»• DATE 9fALE PACIFIC GAS AND ELECTRIC COMPANY ',?�9 SAN FRANCISCO. CALIFORNIA v • RESOLUTION NO. 30.;9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN T'tiE CITY OF CUPERTINO AND PG&E COVERING POLE CONTACTS WHEREAS, the City of Cupertino requested the Pacific Gas and Electric .omrany to install the service riser on PG&E utility pole in conjunction Ath the traffic signal installation at the corner of Bubb Road and McClellan g ad; and WHEREAS, in order to maintain the meter and disconnect switch for the subiect traffic signal on the PG&E utility pole, it is necessary to enter into an "Agreement Covering Pole Contact"; NOW, THEREFORE, BE I7 RESOLVED that the 'Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day ,of Julys 1975, by the following vote: Vote Members of the City Council AYES: Frolich. Meyers, Neilis, Jackson NOES: None Ai3SENT: Sparks , ABSTAIN: None APPROVED: is/ James E. Jackson Mayor, City of Cupertino ATTEST: /s/ Wm. E. Ryder City Clerk I=JC;11:PIC VJ.S A.N3D H:I E:O9rTtI i COMI=&Wlr _ —�— 750 WE r 3t iE AV SUE S0NNYVALr. Z A N 1 A 94088 (3 73E-34 June 10, IQ7 rs` City Of cup-rtinO 10301 C u p e r t i n 3 i i i rni 3 Gent 1; a You havr CE iit ll pole loc-ftcrw Mc fn Rr) i;. isuz.:. �� �, � up,• This inst ill i- uir in . ;r. nt , r turn t hL'::. U5. , l`. 'i r e 57�>'`: - ,7 C. ?o U Uf. f 1t Sind r• l� , / r7 1r i i v G. -"urm Manager Encl. of Ctwrow 10300 Torre A-wit Cupertino,California 95014 Telephone (408) 252 )5 DEPARTMENT OF ADMiN:STRATIVE SERVICES July 29, 1975 I'ac i ic. G.i.. and Electric Company 750 West Olive Avenue Sunnyvale, California 94088 Attention: G.R. Gunn, `tanager AGREEME`'T POLL: CONTACTS l tT unclosing four (,�) executes, :Agreements for Pole Contacts which the City of Cupertino has signed; and also four copies of Resolution No. 3969. After P.C;.&E. has signed th---m vrill vo,l please return one copy executed to the City of Cupertino. ELLEN PAGNINI DEPUTY CITY CLERK ep encls. cum of Cum" t 103,V Torre Avenue Cupestino,California 95014 Telephone (4081 252-4505 DEPARTMENT OF ADMINISTRATIVE SERVICLS September 17, 1975 ?acific Gas and Electric Compare 750 West Olive .Avenue Sunnyvale, California 94088 Attention: G. R. Gunn, ;tanager AGREEMENT POLE CONTACTS Or, Jul: 29, 1975, we sent you four (4) executed aorcement-; for Pole Contacts and four copies of Resolution No. 3969. :je ri�questud Lilac one fuLly executed copy be returned to the City. of Cupertino. 1 of this date, �-.e have not received a reply. Please check your records to what has `,appened to this Agreement. -Wle are enclosing a cops of ttie A regiment for ;:'our in- formation. ELLEN PAGNI':I DEPUTY CITY CLERK' rw encl. 750 WEST OLIVE AVENUE SUNNYVALE, CALIFORNIA 94088 (408) 736-3431 September 16, 1975 CM Of CUPERTIKn PL190r WiO"S City of Cupertino 10300 Torre Avenue Cupertino, California Gentlemen: We are enclosing a fully signed copy of the agree°aent covering pole contact, located in the traffic_ island at th-_ intersection o_•f McClellan Road and Bub' Road, Cupertino. This copy is for your files. Sincerely, G. P. Gunn Manager Encl. • 6&"46 aay. 0.42 to ws- ® ur"M aim fit.01". • � A G CO iNG POLE CONTACTS PACIFIC GAS AND C COMPANY, a California corporation, hereinafthr called Pacific, sod CM! OF clWaSTMO a 02ur t aa"an hereinafter called Permittee, r hereby agree as follows: 1. In consideration of Permittee's pry herein Pie hereby gives Permittee permission, on the terms and conditions herein stated, to install, maintain and use equipment on the poles and for the purposes designated on the sketch attached hereto, sharked lbihibit A and hereby made a part hereof. 2. This permission is personal to Permittee and shall not be assigned in whole or in part without the written consent of Pacific first being had. 8. Permittee shall install its c 4uipment on said poles in the manner designated on Exhibit A, and thereafter at all times maintain and operate same in a skillful,lawful and proper manner satisfacton to Pacific and so as not in any way to interfere with any power line,telephone line or other structure maintained or operated by Pacific or others. 4. Permittee shall pay to Pacific on the first day of each January the aura of ts� _. for each pole con d hereunder on such day, provided, however, that such payment shall not be leas than .so long as Permittee shall contact any of said poles hereunder. 5. All of said equipment shall be installed and maintained at the sole risk and expense of Permit- tee, and in this connection Permittee shall indemnify Pacific, its officers, agents, and employees against all loss, damage, expense, and liability resulting from injury to or death of person or injury to property arising out of or in any way connected with the exercise by Permittee of the privileges herein given. 6. Within thirty days after being given written notice by Pacific to do so,Permittee shall remove its equipment from;such poles as may be designated in such notice, and at the expiration of said time all rights of Permittee to use such pole2 so designated shall forthwith cease. If Permittee fails to re- move its equipment from such poles within said time,Pacific shall have the right to do so at Permittee's risk and expense. Such removal, whether by Pacific or Permittee, shall not release Permittee from any obligation, whether of indemnity or otherwise, accruing prior to such removal or arising out of an occurrence happening prior thereto. 7. If Permittee fails to use its equipment for any period of sixty consecutive days that fact shall be conclusively presumed an abandonment thereof by Permittee and shall terminate all rights of Per- mittee hereunder, whereupon Pacific shall have the right, on giving Permittee ten days' written notice of its intention so to do, to remove said equipment at Permittee's risk and expense, and retain same as its own. Such abandonment sb all not relieve Permittee of any obligation,whether of indem- nity or otherwise, accruing prior to completion of such removal by Pacific or which arises out of an occurrence happening prior thereto. 8. Any notice to Permittee hereunder shall be deemed given on the date of its deposit in a United States post office enclosed in an envelope, postage prepaid, and addressed to Permittee at its last known address. 9. Permittee shall obtain from public authorities and private owners of real property any and all permits, licenses or grants necessary for the lawful exercise of the permission hereby given. 10. Time is of the essence hereof. Executed this__.L_ .. .._day of__ 0 PACIFIC-.GAS AND ELECTRIC COMPAINY By— CM W CItFAXT1190 fty_ WE WE Mayor, City of Cupertino y e:lx • I � �f 1 1- 0 f t V.� 3 Z 1 JJ Apow6vE® By cam, DATE asscalvrloly cea ev cw. Ao.no SUPERY.13Y G "r +� DRAWING LIST DS6N. �. G'/ 7'y e�� ✓�t ��f.K�t'� //tJC suraRsiocs suransaoato By Ottt. � � J� ✓t>t o s»aar No. s�.sr-tee DRAtlY1M0 NUMBER C►.K. DArR SCALE PACIFIC GAS AND ELECTRIC COMPANY � y�5 SAN FRANCISCO, CALIFORNIA PApfR•O ow oleo•vto.11.1 CUUUWW A RESOLUTION NO. 4039 A RESOLUTION OF THE CIT.' COUNCIL OF THE CITY OF CUPERTING ALrrHORIZI::C EXECUTION OF PEPUMITTEE AG%:EME;.T WITH PACIFIC GAS AND ELECTRIC C011 PANY BE 11 KESOLVED by the City Council of the City of Cupertino that the Mayor and Clerk bi•, and they are hereby authorized, empowered and directed for and on behn1f of said City, to, enter into and execute with Pacific Gas and Elec- tric Compan:-, a corporation, that certain agreement whi,.lh relates to the per- miss-lon ill Jam."1 by said Coi',1?an`; to said City to install, maintain and use a riser and pplia:1Cf.s cc.nnected therL .,it l on th-it certain Pole C'1TE d Cy s iid Company and which. Submitted h� SRij Cr-Pa11y at tll?- T-Cet ?2� tC rt._c' {?.t'.' C'OU.":Ci 1. PASS::D :L:L ADOPTED at a res_u!�-r meetiry of the City Coll-IC-11, of of C:upt t .; t_;:is dz4Y 01 6th � ._.._D���__ Tote 'Ier.aiars of th,,� Ci:-•' Council X..'E5 Meyers, Nellis, Sparks, Jackson NOES: None ABSE T. Frolich ABSTAIN: None APPI'10%'ED: /s/ James E. Jackson Aiaycr, City of ATTEST: /s/ Wm. E. Ryder__ City Clerk. i P,�i�IF'IC CAS ANi� EL�C°g'RIC' CC �P.�NY 41 C 1 7 5 0 W F ST is L I V! AV F N U E S U N N V VA L E. C A L i F O R N I A 94 0 8 8 ( 10,9) 7 3 o-3»? i September 24, 1.97 5 / 3!i wCti ti/ AY City of Cup 'rt_in., 10300 Tot-rc ',v, nu. Cupertino, C.i l i t ofni i Q5014 Attontion: Mr. r Viskovich Gentlemen: .J j - Attached i5 i r� ,hition auL7liori..ing tac ;igiiing of tllo pole :,d�ii CoAcr5 tl� Lr--ii I 1C' SL;�n81 in5t:illi'C� on r,. (' vrlru aL i r iiri.v ]ust .: 'sC of S irs;. When Lilo r, �t 111�_, Tt 'LiS Ui'011 3aOpLc ;;, E)10 1Sc Scnd us Ono Copy 1,;rcerli'11t. i:�i• .gill. rt'i.orli . '1,11v execut,-d CODy oF Lhe pole Cont ict agree- r:1, lit to you ! 11 - it"S. �>1nC�'1.olti', GkIIIII t l 7. Alin i.':•r 10300 Tots Avenue Cupertino,Calff"nia 95014 Telephone(408)251-4505 DEFARtMENTOF ADMINISTRATIVE SERVICES October 21, 1975 Pacific Gas and Electric Company 750 West Olive Avenue Sunnyvale, California 94088 Attn: G. R. Gunn, Manager AGREEMENT COVERING POLE CONTACTS Enclosed are three (3) copies of the Agreement Covering Pole Contacts which have been executed by the City of Cupertino. After PG&E has signed the agreement, please send a. fully executed copy to the City of Cupertino. ELLEN PAGNINI DEPUTY CITY CLERK rw o encls.