HomeMy WebLinkAboutSan Diego Gas & Electric Company; 1995-09-07; (2)- -- <,Y I-d ad -3
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Data September 7 9
TO File e Reply Wanted
From Isabelle Paulsen EINo Weply Necessarv
On this date, Richard Allen, Engineering, was sent the origina agreement with San Diego Gas & Electric, for extension and construction of gas and electric. Richard stated he would ask a fully executed original to be returned to this office.
Council Meeting September 5, 1995.
La Costa Downs Assessment District No. 92-1
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Submitted to Applicant By:
Patricia Good
AGREEMENT FOR EXTENSION
AND CONSTRUCTION OF GAS & ELECTRIC
PARTIES
This Agreement, dated Sept. 6, 1995, is made and entered into, by and
between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called
"Utility", and CITY OF CARLSBAD, a municipal corporation ,
hereinafter called "Applicant".
RECITALS
Whereas, Applicant requests Utility to furnish gas and electric service
to the subdivision known as Carlsbad Assessment District 92-1, located at
Ponto Dr. & Franciscan Road @ Descanso Blvd., Carlsbad.
AGREEMENT
Therefore, in consideration of the mutual promises herein, the parties
agree as follows:
1. GENERAL. In accordance with California Public Utilities Cornissic
Rules 15 and/or 16, the allocation of work on Work Order(s) and
the ost information summarized in Appendix A and contained in tt
Appe B dix C&I, which Appendix is attached hereto and by this
reference incorporated herein, Utility and/or Applicant shall construct a gas and electric extension.
2. CONTRACT EXPIRATION. Once Applicant has started to perform the work required by the Contract Documents, Applicant agrees to exercise reasonable diligence in pursuing such work to completioi within one year after the date of the Contract Documents. If su( work has not been completed within one year after the date of thc Contract Documents, Utility shall have the right, upon giving written notice to Applicant, to cancel and terminate the Contracl Documents. If Utility elects to cancel and terminate the Contrac Documents, Utility shall return to Applicant an amount equal to the above cash advance, minus Utility's costs. "Utility's costs' are defined as the actual costs (including but not limited to
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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 costs of
removing any of the installed facilities which Utility des$res to salvage, minus the salvage value of such facilities. In the even Utility's costs exceed the above cash advance, Applicant agrees t
pay Utility a sum equal to the amount by which the Utility's cost
exceed the advance. Upon exercise of its right to cancel and terminate and upon payment to Applicant, all of Utility's obligations under the Contract Documents shall cease.
3. CONTRACT COMPLIANCE. If, after six (6) months following the date the Utility is first ready to serve residential loads for which allowances were granted, or one (1) year for non-residential load €or which allowances were granted, Applicant fails to take service, or fails to use the service contracted for, Applicant shall pay the Utility an additional Contribution, based on the allowances for the loads actually installed.
4. EXCESS FACILITIES. If the loads provided by Applicant result in the Utility installing facilities which are in excess of those
needed to serve the actual loads, and the Utility elects to reduc
such excess facilities, Applicant shall pay the Utility its estimated total cost to remove, abandon, or replace its excess facilities, less the estimated salvage value of any removed
facilities.
5. EASEMENTS. Applicant shall, upon Utility's request, execute
Utility's standard form easements for the construction, service,
presence, maintenance or inspection of Utility's facilities as ma
be required hereunder.
6. PAYMENT OPTIONS. Applicant has the option of advancing a non-
refundable or refundable amount as described in the Appendix(es). The total refundable amount shall be subject to refund, without interest, in accordance with the following provisions:
a) Refunds will be made within ninety (90) days after the date
Applicant becomes eligible for a refund, except that refund
may be accumulated to a $50 minimum or the total refundable
balance, if less than $50.
Residential. Refunds will be made on the basis of a new
customer's permanent load connecting to the line extension
which produces additional revenues to Utility. Such refundable amount will be that amount which is on file at -he time the refund(s) become eligible. The refund will be deducted from the total refundable amount, and the remainin1
amount subject to refund represents that portion of the
extension cost not supported by revenues.
b)
c) Non-Residential. Refunds will be made on the basis of Applicant's or new customer's permanent load connecting to the line extension which produces additional revenues to Utility. Utility shall be responsible to review Applicant'
actual base annual revenue for the first three years from
the date Utility is first ready to serve. Applicant shall bi
responsible for notifying Utility if new, permanent load is
added in the fourth through tenth year from the date Utilit.
is first ready to serve. Such review shall determine if
additional revenue supports any refunds to Applicant.
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7. ASSIGNMENTS. This Agreement may be assigned by Applicant only
upon the assignee's written acceptance of said assignment, and thl prior approval of Utility as evidenced by written endorsement 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 form furnished and approved by Utility.
8. COMMISSION CHANGES. Applicant shall be governed by Utility's
applicable Rates and Rules on file with the California Public
Utilities Commission, which Rates and Rules are made a part hereo 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.
ELECTRIC AGREEMENT
9. CONSTRUCTION RESPONSIBILITIES. Applicant shall perform at its expense all trenching/excavation, backfilling and compaction,
including furnishing any imported backfill material required, and
will furnish and install all distribution and feeder conduit and
substructures required, all in accordance with Utility's General
Conditions and Specifications, attached hereto and made a part
hereof by this reference. Upon Utility's final acceptance of saic installation in accordance with the referenced General Conditions
Applicant hereby grants, sells and conveys to Utility all its
rights, title and interest in and to all materials installed.
Once the extension receives final acceptance, Utility agrees to
own, operate and maintain such extension.
10. BETTERMENT. Where mutually agreed upon by Utility and Applicant,
Applicant shall perform additional work to install additional
facilities in accordance with Utility's specifications, timing,
and applicable tariffs. Utility shall reimburse Applicant,
Utility's estimated installed cost of such facilities and work, b! applying a credit toward Applicant's advance. Any amount not so credited shall be reimbursed to Applicant upon final acceptance 0: the work and facilities by Utility.
. 11. OWNERSHIP COSTS. When any portion of a refundable amount has not qualigked for a refund at the end of twelve (12) months from the date Utility is first ready to serve, Applicant will pay to Utility an ownership charge on the remaining refundable balance. The difference between the total refundable advance and any
refunds made or eligible to be made to Applicant shall serve as
the basis of a monthly ownership charge which is determined as customer financed facilities, in accordance with Rule 2. A
monthly ownership charge is in addition to the refundable amount and will normally be accumulated and deducted from refunds due to Applicant. This provision does not apply to individual
residential Applicants. Any unrefunded amount remaining at the end of the ten (10) year period shall become the property of the
Utility.
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GAS AGREEMENT
12. CONSTRUCTION RESPONSIBILITIES. Utility is responsible for the
installation of distribution main, valves, regulators, and other
related distribution equipment required to complete the extension including all necessary trenching/excavation, backfilling and compaction, and any imported backfill material required, as
delineated in the Work Order(s) mentioned herein.
13. CONSTRUCTION OPTIONS. Where mutually agreed upon by Utility and Applicant, Applicant shall have the option of performing all excavation, backfilling and compaction, including furnishing any imported backfill material, and substructures required, all in
accordance with Utility's General Conditions and Specifications, attached hereto and made part hereof by this reference. Utility
shall reimburse Applicant, Utility's estimated installed cost of
such facilities and work, by applying a credit toward Applicant's advance. Any amount not so credited shall be reimbursed to Applicant upon final acceptance of said work and facilities by
Utility.
14. OWNERSHIP COSTS. When any portion of a refundable amount has not
qualified for a refund at the end of thirty-six (36) months from
the date Utility is first ready to serve, Applicant will pay to Utility an ownership charge on the remaining refundable balance. The difference between the total refundable advance and any refunds made or eligible to be made to Applicant shall serve as the basis of a monthly ownership charge which is determined as customer financed facilities, in accordance with Rule 2. A
monthly ownership charge is in addition to the refundable amount
and will normally be accumulated and deducted from refunds due to
Applicant. This provision does not apply to individual residential Applicants. Any unrefunded amount remaining at the end of the ten (10) year period shall become the property of the Utility .
APPLICANT INSTALLATION
15. Where the Applicant Installation option is selected, the Applicant, shall use qualified contractors to install that portio1
of th&%new extension normally installed by the Utility.
installation shall be in accordance with the Utility's design and General Conditions and Specifications, attached hereto and made a part hereof by this reference.
Such
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16. PAYMENT OPTIONS. Applicant has chosen one of the following:
[ ] A refundable contribution representing the Utility'$ total estimated installed cost as described in the Appendix(es) or;
[X] A non-refundable contribution representing a percentage of the refundable amount as described in the Appendix(es) to this agreement.
17. AUTHORIZED SIGNATURE. If Applicant is a corporation, partnershig
joint venture or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture or individuals as the case may be.
18. EFFECTIVE DATE. The Contract Documents shall become effective
only upon the date signed by the authorized Utility representative.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed €or and on behalf of each, by their duly authorized agents, partners
or corporate officers.
APPLICANT: SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation
By: (Authorized Individual-Utility)
TITLE: Mayor Date Executed:
Date: September 6, 1995 Type of Customer
Address: Residential [ ] Non-Residential [
1200 Carlsbad Village Drive Individual [ ] Subdiv/Devl [ ]
Carlsbad, CA 92083
?*
Telephone: 434-2821
Social Security Number or . Tax 1.D Number: 95-6004793
Applicant is a corporation: Yes [X] No [ ]
mun i c ip a1
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APPENDIX A - SUMMARY
1. Amount Subject to Refund after Final Acceptance of Work
From Appendix C $-0-
From Appendix I $9,865
Total $9 , 865
2. Amount Subject t9 Future Refund
From Appendix C $38,539
From Appendix I $-0-
Total $38,539
3. Total Advance
From Appendix C $19,292
From Appendix I $13,902
Total $33,194
e.
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