HomeMy WebLinkAboutSouthern Pacific Pipelines Inc; 1996-04-02;e 0 '*
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PIPELINE UTILITY AGREEMENT
THIS AGREEMENT, made and entered into as of the 2nd day of APRIL , 19=,
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as
"CITY", and SFPP, L.P., a limited partnership, successor in title and interest in and to all of the
rights, assets and obligations formerly held by SOUTHERN PACIFIC PIPELINES, INC., in its own
name, hereinafter referred to as "SFPP."
R EC I TALS
WHEREAS, CITY will design and construct the Olivenhain Road Widening, Project No.
3466; and
WHEREAS, SFPP owns a pipeline which is placed in both the existing roadbed/Right oi
Way and a private easement with prior rights; and
WHEREAS, CITY desires SFPP to relocate said pipeline, at City expense, to remain in said
private easement, but also within City's Right of Way as shown on SFPP Dwg.
NO. E-1 22-47291 P1.
NOW, THEREFORE, CITY and SFPP do hereby agree as follows:
1. Within fifteen (1 5) days of plan submittal, SFPP shall relocate said pipeline in the
right-of-way (hereinafter referred to as the "relocation"), in accordance with SFPP
Drawing No. E-1 22-47291 P1.
2. The relocation shall be done at the sole direction of SFPP who shall be solel)
responsible for the performance of work thereunder.
3. CITY shall pay SFPP the actual cost of the relocation. Said cost is estimated tc
be $86,000 including contractor's charges, equipment and materials, company labor anc
engineering including labor additives, as well as 20% for administrative overhead costs. Thc
contract for the work shall be awarded and performed on a bid basis.
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4. SFPP shall cause its contractor to name the City as additional insured on the
policy of insurance.
5. ClTYshall deposit the estimated cost ($86,000) prior to ordering of material. Whet
the final accounting of actual cost is completed, an itemized billing will be submitted to CITY fo
review, together with an invoice for additional cost, if any, or SFPP’s check to reconcile an!
difference between actual and estimated cost. SFPP shall maintain records for three years of tht
actual costs incurred and charged or allocated to the work in accordance with generally acceptec
accounting principles.
6. This instrument contains the entire agreement between CITY and SFPP wit1
respect to payment to SFPP for said relocation cost. Any agreement or representations, no
expressly set forth in this instrument, are null and void.
7. This agreement shall not in any way alter, modify or terminate any of SFPP’:
superior rights in said areas.
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8. This agreement shall commence on the first set forth above and shall be in effec
until final payment for the pipeline adjustment work is made.
Executed by Contractor this 4th day of March , 19 96.
CITY OF CARLSBAD, a municipal
corporation of the State of California SFPP, LP.
SANTA FE PACIFIC PIPELINES, INC.,
(sign here) - OR PRO-TEM
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ALETHA L RAUTENKRANZ
City Clerk 8. H. DeVos Ill, Secretary
(print name/title)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY
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MPRCBVED BY
LAW DEPT.
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- CAaLIFORNIA ALL-PURP a ACKNOWLEDGMENT a
State of California
County of LOS Angeles
March 4, 1996 Kathlyn S. Ibaraki, a Notary Publil before me,
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") W. PI. White and B. H. DeVos I11 personally appeared
Chpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Name@) of Signer(s)
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
PIPELINE UTILITY AGREEMENT
0 Individual 0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General El Partner - 0 Limited General
0 Corporate Officer
Title (s) :
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
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0 1994 National Notary Association * 8236 Rernmet Ave., P.O. Box 7184 * Canoga Park, CA 91303-7184 Prod. No. 5907 Reorder: Call Toll-Free 1.