Loading...
HomeMy WebLinkAbout1974-08-06; City Council; Resolution 34781 E ? CI 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3478 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA CONFIRMING THE SPECIAL ASSESSMENT ROLL FOR 1974-75 LIGHTING MAINTENANCE DISTRICTS NO. 1, 2 AND 3 WHEREAS, the City Engineer on June 5, 1974 filed with the City Council an estimate of costs for lighting maintenance distric- €or 1974-75; and WHEREAS, the expenses of maintenance and operation to be borne by Districts no. 1, 2 and 3 shall be paid by special assess- ment levies upon the land, exclusive of improvements within the Districts; and WHEREAS, the estimated costs of City participation in the districts were estimated in the report by the City Engineer dated June 5, 1974. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the boundaries of the Districts shall remain as shown on map entitled "Lighting Maintenance District Map 1973-78'* on file in the Office of the City Clerk and incorporated herein by reference. 3. That the items of maintenance for the lighting system shall consist of electric power, relamping, cleaning of lenses and repair or replacement of damaged circuits, luminaires and standards and other necessary items as described in the Report OE the City Engineer to the City Council dated June 5, 1974, on file in the office of the City Clerk and incorporated by reference herein. Said system shall be lighted from fifteen (15) minutes after sunset until one-half hour (thirty minutes) before sunrise each day in the year. The estimated cost for the first year of the above itens of maintenance is as follows: District No. 1 $20,782.43 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 District No. 2 $11,884.28 District No. 3 $62,701.40 4. That the City Council determines that there is only one contractor practically capable of serving the street lighting system and that such contractor is subject to the jurisdiction of the Public Utilities Commission of the State of California, and the City Council orders that the above described items of maintenance and operation be furnished from time to time as necessary by the San Diego Gas and Electric Company, in accord- ance with the rates and rules filed by it from time to time with said Public Utilities Commission. 5, That the City Council orders that the percentage of the total expenses of maintenance and operation to be paid by District No.s 1, 2 and 3 shall be paid by special assessment taxes levied upon all the lands, exclusive of improvements, within said districts. 6. That the City of Carlsbad shall pay the following amounts of the total expenses of maintenance and operation of said system: District No. 1 $1,624.80 District No. 2 $1,853.78 District No. 3 $2,631.66 7. That the amount of the total expense of maintenance and operation of said system to be paid by each district of assessment against individual benefited parcels of land within each district is as follows: District No. 1 $19,157.68 District No. 2 $10,030.50 District No. 3 $60,069.74 8. That the assessments as shown on the final assessment roll be confirmed and that a certified copy of this resolution and the confirmed assessment roll be forwarded to the County Controller for collection. -2- d i t 1 i 4 r i t 5 1C 11 1: 1: 14 15 1E 17 1E 19 2c 21 22 23 24 25 26 27 28 29 30 31 32 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, this 6th day of Auqust . , 1974, by the followii vote, to wit: AYES: Councilmen Frazee, Chase, McComas, Lewis and Skotnicl ATTEST : d;Pfl& E. ADAMS, (City Clerk (seal) - 3- y&e5&* OBERT C. FRAZEE, May& 0 AGREEMEST FOR STREET LIGBTING SCHEDULE LS2-A This Agreement is =de and entered into 2s of the 22d day of July , 19 74 , by and between SAN DIEGO GAS & ELECTRIC COTyTpANy, a corporation, hersinafter called "Utility", and city of Car13'bd , hereinafter called "Applicant". In follows : 3. 4. 5. 6. consideration of the mutual promises herein, the parties agree as Utility agrees, ,to furnish electric energy and switching service for or&mental street lights connected to system(s) installed and owned by Applicant as described in Exhibit A, attached hereto and made a part hereof. Applicant agrees to take and pay monthly for said service under the Utility's applicable rate schedules, attached hereto and made a part hereof, for installations set forth in Exhibit A for period of I years commencing July 22nd 1974 -9 or 2s soon thereafter as Utility is reasonably able to' supply said service. The parties agree that upon the expiration of the original term, this agreement shall be automatically extended for successive terms of one year each; provided that this agreement may be terminated by either party upon not less than 60 days written notice prior to the expiration date of the original term or any extended term. The parties agree that no change shall be made in the above street lighting system, except by modifications mutually agreed upon in writing. By said modification new street lights may be added under the applicable rate and Utility agrees to make any necessary installations in accordance with its Rules and regulations; provided that no change will be made in the location of existing lights unless the expense thereof is paid by Applicant. Applicant agrees that should service to any of the above described street lights be discontinued during the first year of service following installation, it shall pay to Utility the net installa- tion and removal costs incurred by Utility to render such service. Applicant further agrees that should said service be discontinued during the second or third year, it shall pay to Utility said net costs less 1/24th of the total amount for each nonth that service is continued beyond the first year. Utility agrees to use reasonable diligence in providing uninter- rupted service, but does not guarantee colrtinuity or sufficiency of supply of electric energy. If any of said street lights fail 105-37140 (11/73) (L&gh%:ing Dis trfs ts 1-2 -3 1 6. (continued) to burn properly, or if for any reason Utility is unable to supply energy €or said lighting service, Applicant agrees that the only liability of Utility shall be to rebate the proportionate charge €or the time that such lamps fail to burn, excluding the tine preceding notification to the Company of the particular outage and the first 24 hour period thereafter. Applicant agrees to be governed by the Utility's applicable rates and Rules on file with the California Utilities Commission, which rates and Rules are made a part hereof by reference, and a copy of which will be furnished to Applicant upon request. This &reanent shall at all times be subject to such changes or modifi- cations as said Commission may, from time to time, direct in the exercise of its jurisdiction. 7. 8. Applicant may, with Utility's written consent, assign this Agreement provided that the Assignee thereof agrees in writing to perform the obligations and assume the liability hereunder. Any assignment by Applicant which is not in accordance with this provision shall be null and void and of no legal effect. IN WI?XESS WHEREOF, the parties hereto have caused this Agreement to be executed forandon behalf of each, by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. APPLICANT : City of Carlsbad - BY Address : Carl sbad , California mma Date : Agreement Submitted to Applicant by: Address to which monthly billing will be mailed: 2 of 2 0 AGXIE.NENT FOR STEET LIGHTING SCHEDULE LS2-A This Agreement is made and enzered into as of the 22nd day of 3uly , 19 '94, by and between SAN DIEGO GAS & ELECTRIC COMPAX, , hereinafter called "Applicant". follows : In consideration of the mutual promises herein, the parties agree as 1. 2. 3. 4. 5. 6. Utility agrees .to furnish electric energy and switching service for ornamental street lights connected to system(s) installed and o-med by Applicant as described in Exhibit A, attached hereto and made a part hereof. Applicant agrees to take and pay monthly for said service under the Utility's applicable rate schedules, attached hereto and made a part hereof, for installations set forth in Exhibit A €or period of 2. years commencing 22nd 19 74 , or as soon thereafter as Utility is reasonably able to' supply said service. The parries agree that upon the expiration of the original term, this agreement shall be automatically extended for successive terms of one year each; provided that this agreement may be terminated by either party upon not less than 60 days written mtice prior to the expiration date of the original term or any extended term. The parties agree that no change shall be made in the above street lighting system, except by modifications mutually agreed G?on in writing. By said modification new street lights may be added under the applicable rate and Utility agrees to make any necessary installations in accordance with its Rules and regulations; provided that no change will be made in the location of existing lights unless the expense thereof is paid by Applicant. Applicant agrees that should service to any of the above described streer lights be discontinued during the first year of service following installation, it shall pay to Utility the net installa- tion and removal costs incurred by Utility to render such service. Applicant further agrees that should said service be discontinued during the second or third year, it shall pay to Utility said net costs less 1/24th of the total amount for each month that service is conthued beyond th2 first year. Utility agrees to use reasonable diligence in providing uninter- rupced service, but does not guarantee continuity or sufficiency of supply of electric energy. If any of said street lights fail I 106-37140 (11/73) 6, 7. 8. (con tinu2 d ) to burn properly, or if for any reason Utility is unable to supply energy for said fighting service, Applicant agrees that the only liability of Utility shall be to rebate the proportionate charge for the time that such lamps fail to burn, excluding the time preceding notification to the Company of the particular outage and the first 24 hour period thereafter. Applicant agrees to be governed by ;'ne Utility's applicable rates and Rules on file with the California Utilities Commission, which rates and Rules are made a part hereof by reference, and a copy of which will be furnished to Applicanc upon request. This Agreement shall at all times be subject to such changes or modi€i- cations as said Commission may, from tine to time, direct in the exercise of its jurisdiction. Apglicant may, with Utility's written consent, assign this Agreement provided that the Assignee thereof agrees in writing to perform the obligations and assume the liability hereunder. Any assignment by Applicant which is not in accordance with this provision shall be null and void and of no legal effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed forandon behalf of each, by thejr duly authorized agents, partners, or corporate officers, as of the day and year first above written. APPLICANT : City of Carlsbad ROBERT C. FRAZEE, Maya$ Address to which monthly billing will be mailed: 2 Agreement Submitted to Applicant by: of 2 0 AGEENE2iT FOR STRZET LIGHTING SCHEDLEE LS2-A This Agrement is made and entered into as of the 22nd day of , 19 74, by and between SA;N DIEGO GAS & ELECTRIC COHPANY, - July a corporation, fier2inaZ cer callid '"L'cility'!, 2nd City of Glrlshct , hereinafter called "Applicant". In consideration of the mutual promises herein, the parties agree as follows : 1. Utility agrees. .to furnish electric energy and switching service for ornamental street lights connected to system(s) installed and owned by Applicant as described in Exhibit A, attached hereto and made a part hereof. 2. Applicant agrees to take and pay monthly for said service under the Utility's applicable rate schedules, attached hereto and made a part hereof, for installations set forth in Exhibit A for period of 1 years commencing July 'Ehd 19 74 , or as soon thereafter as Utility is reasonably able to' supply said service. 3. The parties agree that upon the expiration of the original term, this agreement shall be automatically extended for successive terms of one year each; provided that this agreement may be terminated by either party upon not less than 60 days written notice prior to the expiration date of the original term or any extended term. 4. The parties agree that no change shall be made in the above street lighting system, except by modifications mutually agreed upon in writing. By said modification new street lights may be added under the applicable rate and Utility agrees to make any necessary installations in accordance with its Rules and regulations; provided that no change will be made in the location of existing lights unless the expense thereof is paid by Applicant. 5. Applicant agrees that should service to any of the above described street lights be discontinued during the first year of service following installation, it shall pay to Utility the net installa- tion and ranoval costs incurred by Utility to render such service. Applicant further agrees that should said service be discontinued during the second or third year, it shall pay to Utility said net costs less l/24th of the total mount for each month that service is continued beyond the first year. 6. Utility agrees to use reasonable diligence in providing uninter- rupted service, but does not guarantee continuity or sufficiency of supply of electric energy. If any of said street lights fail 106-37140 (11/73> t' 6. (continued) to 5um properly, or if for any reason Utility is unable to supply energy for said lighting service, Applicant agrees that the only liability of Utility shall be to rebate the proportionate charge for the tine that such lamps fail to burn, excluding the tia2 preceding notification to the Company of the particular outage and the first 24 hour period thereafter. Applicanr: agraes to be governed by the Utility's applicable rates and Rules on file with the California Utilities Commission, which rates and Rules are made a part hereof by reference, and a copy of which will be furnished to Applicant upon request. This Agreement shall at all times be subject to such changes or modifi- cations as said Commission may, from time to time, direct in the exercise of its jurisdiction. Applicant may, with Utility's written consent, assign this Agreement provided that the Assignee thereof agrees in writing to perform the obligations and assume the liability hereunder. Any assignment by Applicant which is not in accordance with this provision shall be null and void and of no legal effect. 7. 8. IN HITNESS WHEREOF, the parties hereto have caused this Agreement to be executed forandon behalf of each, by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. APPLICANT : City of Carfsbad BY- ROBERT C. FRAZEE, Mayo$ Address : 1200 Eh Ave Carlsbad, Calif m" Agreement Submitted to Applicant by: Date : Address to which monthly billing will be mailed : 2 of 2 This Agreeneat is mde and entered into as of the 22d day of JU'lJT , 19 74, by and between SAY DIEGO GAS & ELECTRIC COWANY, , hereinafter called "Applicant". In follows : 1. 2. 3. 4. 5. 6. consideration of the mutual promises herein, the parties agree as Utility agrees ,to furnish electric energy and switching service for ornamental street fights connected to system(s) installed and owned by Applicant as described in Exhibit A, attached hereto and made a part hereof. Applicant agrees to take and pay monthly €or said service under thg Utility's applicable rate schedules, attached hereto and made a part hereof, for installations set forth in Exhibit A for period of 1 years comencing 22nd 1974 , or as soon thereafter as Utility is reasonably able to' supply said service. The parties agree that upon the expiration of the original term, this agreement shall be automatically extended for successive terms of one year each; provided that this agreement may be terminated by either party upon not less than 60 days written imtice prior to the expiration date of the original term or any exttnded term. The parties agree that no change shall be made in the above street lighting system, except by modifications mutually agreed upon in writing. By said modification new street lights may be added under the applicable rate and Utility agrees to make any necessary installations in accordance with its Rules and regulations; provided that no change will be made in the location of existing lights unless the expense thereof is paid by Applicant. Applicant agrees that should service to any of the above described street lights be discontinued during the first year of service following installation, it shall pay to Utility the net installa- tion and removal costs incurred by Utility to render such service. Applicant further agrees that should said service be discontinued dzlring the second or third year, it shall pay to Utility said net costs less 1/24th of the total amount for each nonth that service is continued beyond the first year. Utility agrees to use reasonable diligence in providing uninter- rupted service, but does not guarantee continuity or sufficiency of supply of electric energy. If any oE said street lights fail 6. (continued) to burn properly, or if for any reason Utility is unable to supplq. energy for said l-ighting service, Applicant agrses that the only liability of Utility shall be to rebate the proportionate charge for the the that such lamps fail to burn, exckding the time preceding notification to tfie Company of the particular outage and the first 24 hour period thereafter. 7. Applicant agrees to be governed by “Lhe Utility’s applicable rates and Rules 011 file with the California Utilities Commission, which rates and Rules are made a part hereof by reference, and a copy of which will be furnished to Applicant upon request. This Agreement shall at all tines he subject to such changes or modifi- cations as said Comission may, fron time to time, direct in the exercise of its jurisdiction. 8. Agplicant may, with Utility’s written consent, assign this Agreement provided that the Assignee thereof agrees in writing to perform the obligations and assume the liability hereunder. Any assignment by Applicant which is not in accordance with this provision shall be null and void and of no legal effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed for andon behalf of each, by their duly authorized agents, parrners, or corporate officers, as of the day and year first above written. APPLICANT : City of Carlsbad BY BY ROBERT C. FRAZEE, May& Address : r20u Elm A9e Carlsbad, CarLfUmla Agreement Submitted to Applicant by: 92008 Date: Address to which monthly billing will be mailed: 2 of 2 & AGREEMENT FOR STREET SCHEDULE LS-1 This Agreement is made and entered 0 LIGHTING into as of the 22nd day of July , 19 - 74, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and City of Carlsbdld follows : 1. 2. , hereinafter called "Applicant". In consideration of the mutual promises herein, the parties agree as Utility agrees to furnish electric energy, switching service and maintenance for street lights, installed on Utility's poles, as described in Exhibit A, attached hereto and made a part hereof. The ownership of said street lights shall remain with the Utility. Applicant agrees to take and pay monthly for said service under the Utility's applicable rate schedules, attached hereto and made a part hereof, for installations set forth in Exhibit 3. 4. 5. A for a period of 1 - years commencing July 22nd 19 - 74, or as soon thereafter as Utility is reasonably able ti supply said service. The parties agree that upon the expiration of the original term, this Agreement shall be automatically extended for successive terms of one year each; provided that this Agreement may be terminated by either party upon not less than 60 days written notice prior to the expiration date of the original term or any extended term. The parties agree that no change shall be made in the above street lighting system, except by modifications mutually agreed upon in writing. By said modification new street lights may be added under the applicable rate and Utility agrees to make any necessary installations in accordance with its Rules and regulations; provided that no change will be made in the location of existing lights unless the expense thereof is paid by Applicant. Applicant agrees that should service to any of the above described street lights be discontinued during the first year of service following installation, it shall pay to Utility the net installation and removal costs incurred by Utility to render such service. Applicant further agrees that should said service be discontinued during the second or third year, it shall pay to Utility said net costs less 1124th of the total amount for each month that Service is continued beyond the first year. 6. 7. 8. Utility agrees to use reasonable diligence in providing uninterrupted service, but does not guarantee continuity or sufficiency of supply of electric energy. If any of said street lights fail to burn properly, or if for any reason Utility is unable to supply energy for said lighting service, Applicant agrees that the only liability of Utility shall be to rebate the proportionate charge for the time that such lamps fail to burn, excluding the time preceding notification to the Company of the particular outage and the first 24 hour period thereafter. Applicant agrees to be governed by the Utility's applicable rates and Rules on file with the California Utilities Commission, which rates and Rules are made a part hereof by reference, and a copy of which will be furnished to Applicant upon request. such changes or modifications as said Commission may, from time to time, direct in the exercise of its jurisdiction. This Agreement shall at all times be subject to Applicant may, with Utility's written consent, assign this Agreement provided that the Assignee thereof agrees in writing to perform the obligations and assume the liability hereunder. Any assignment by Applicant which is not in accordance with this provision shall be null and void and of no legal effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed for and on behalf of each, by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. APPLICANT City of Carlsbad BY Address : 1200 Elm Ave Carlsbad, Californk 92008 Agreement submitted to Applicant by: Date : Address to which monthly billing will be mailed: 2 of 2 ,. . '\ I AGXEE31ENT %OR STXEET LIGHT 9 LG This Agreement is made and entered into as of the 22nd day of , 19 74, by and between SAX DIEGO GAS €X ELECTRIC CONPANY, I__ ZUXgt a corpoiation, hereinafter called "Utility", and City of Carlsbad , hereinafter called "Applicant". In consideration of the mutual promises herein, the parties agree as follows : 1. 2. CTtility agrees to furnish electric energy, switching service and maintenance for street lights, installed on Utility's poles, as described In Exhibit A, attached hereto and made a part hereof, The ownership of said street lights shall remain with the Utility. rees to take and pay monthly for said service under the Utility's applicable rate schedules, attached hereto and made a part hereof, for installations set forth in Exhibit 19 74 OK as soon thereafter as Utility is reasonably able to supply said service. A for a period of 1 years comencing h'fy 22hid s. -* 3. The parties agree that upon the expiration of the original term, this Agreement shall be automatically extended for successivs terms of one year each; provided that this Agreement may be terminated by either party upon not less than 60 days :mftten notice prior to the expiration date of the original term or any extended term. The parties agree that no change shall be made in the above street lighting system, except by modifications mutually agreed upon in writing. 3y said modification new street lights may be added under the applicable rate and Utility agrees to make any necessary installations in accordance with its Rules and regulations; provided that no change will be .sade in the location of existing lights unless the expense thereof is paid by Applicant. Applicant agrees that should service to any of the above described street lights be discontinued during the first year of service followfng installation, it shall pay to Utility the net installation and renoval costs incurred by Utility to render such service. Applicant further agrees that should said service be discontinued during the second or third year, it shall pay to Utility said net costs less 1/24th of the total amount for each month that Service is continued beyond the first year. 4. ? 5. 0 0 6. Utility agrees to use reasonable diligence in providing uninterrupted service, but does not guarantee continuity or sufficiency of supply of electric energy. If any of said street lights fail to burn properly, or if for any reason Utility is unable to supply energy for said lighting service, Applicant agrees that the only liability of Utility shall be to rebate the proportionate charge for the time that such .lamps fail to burn, excluding the tizne preceding notification to the Company-of the particular outage and Che ffrst 24 hour period thereafter. Applicant agrees to be governed by the Utility’s applicable rates and Rules on file with the California Utilities Commission, which rates and Rules are made a part hereof by reference, and a copy of which will be furnishsd to Applicant upon request. such changes or modifications as said Commission may, from time to time, direct in the exercise of its jurisdiction. 7. This Agreement shall at all times be subject to 8. Applicant may, with Utility’s written consent, assign this Agreement provided that the Assignee thereof agrees in writing to perform the obligations and assume the liability hereunder, Any assignment by Applicant which is not in accordance with this provision shall be null and void and of no legal effect. IN WITPESS WHEREOF, the parties hereto have caused this Agrement to be executed for and on behalf of each, by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. A.WXXNT City of Carlsbad Address : 1200 Elm Ave Carlsbad, California Agreaent submitted to Applicant by: Date : Address to which monthly billing will be mailed: 2 of 2 , .I . .. .. . W This Agreement is made and entered into as of the 22d day of July , 19 - 74, by and between SAN DIEGO GAS & ELECTRIC COMPANY, hereinafter follows : and maintenance for street lights, installed on Utility's grees to take a under the Utility's applicable and made a part hereof, for ins 19 74 supply said service. The parries agree that upon the expiration of the original tenn, this Agreement shall be automatically extended for successive terms of one year each; provided that this Agreement may be terminated by either party upon not less than 60 days written notice prior to the expiration date of the original term or any extended term. The parties agree that no change shall be made in the above street lighting system, except by modifications mutually agree upon in writing. added under the applicable rate and Utility agrees to make an necessary installations in accordance with its Rules and regulations; provided that no change will be made in the location of existfog lights unless the expense thereof is paid by Applfc Applicant agrees that should service to any of the above described street lights be discontinued during the first year of service following installation, it shall pay to Utility the net installation and removal costs incurred by Utility to render such servlce, Applicant further agrees that should said service be discontinued during the second or third year, it shall pay to Utility said net costs less 1/24th of the total amount for each month that Service is continued beyond the first year. A for a period of h. years commencing July 22nd s+ or as soon thereafter as Utility is reasonably able to -' 3. .. 4. By said modification new street lights may 5. . I ..... , . ... . . .. , .. .. , 6, Utility agrees to use reasonable diligmce in providing uninterrupted service, but does not guarantee continuity or sufficiency of supply of electric energy. If any of said street lights fail to burn properly, or if €or any reason Utility is unable to supply energy €or said lighting service, Applicant agrees that the only liability of Utility shall be to rebate the proportionate charge €or the time that such lamps fail to burn, excluding the time preceding notification to the the first 24 hour period e Utility's rates and Rules on file with the California Utilities- Commissioa, which rates and Rules are made a part hereof b reference, and a copy of which will be furnished to Applicant upon request. such changes or modifications as said Commission may, from time. to time, direct in the exercise of its jurisdiction. Applicant may, with Utility's written consent, assign this Agreement provided that the Assignee thereof agrees in writing to perform the obligations and assume the liability hereunder, Any assignment by Applicant which is not in accordance with this provision shall be nul This Agreement shall at all times be subject to 8. and void and of no legal effect. IN WITNESS WHEREOF, the parties ereto have caused this Agreement to be executed for and on behalf of each, by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. APRJCA."T City of Carlsbad X&GAa+ ''/ROBERT c. FwZEE, Maygr Address: 1200 Elm Ave CarPsbad, California 92008 Date : Address to which monthly billing will be maiied: w- AGREEKXNT FOR STREET LIGHTJAG ($ t SCdEDlJLX LS-1 This Agreement is made and entered into as of the 22nd Cay of , 19 74, by and between SAN DIEGO GAS & ELECTRIC COMPANY, - July City of Carlsbad , hereinafter called "Applicant". In consideration of the mutual promises herein, the parties agree as I- 7 -I --_- - 1. Utility agrees to furnish electric energy, switching service and maintenance for street lighrs, installed on Utility's poles, as described in Exhibit A, attached hereto and made a part hereof, The ownership of said street lights shall remain with the Utility. Applicant agrees to take and pay monthly for said service under the Utility's applicable rate schedules, attached he and made a part hereof, €or installations set forth in Exhibit 19 -f 74 or as soon thereafter as Utility is reasonably able to supply said service. The parties agree that upon the expiration of the original term, this Agreement shall be automatically extended for successive terms of one year each; provided that this Agreement may be terminated by either party upon not less than 60 days -nitten notice prior to the expiration date of the original term or any extended term. 2. A for a period of 1 years commencing July 22nd s. 3. 4. The parties agree that no change shall be made in the above street lighting system, except by modifications nutually agreed upon in writing. By said modification new street lights nay be added under the applicable rate and Utility agrees to make any necessary installations in accordance with its Rules and regulations; provided that no change be made in the location of existing lights unless the expense thereof is paid by Applicant. Applicant agrees that should service to any of the above described street lights be discontinued during the first year of service following installation, it shall pay to Utility the net installation and removal costs incurred by Utility to render such service. Applicant further agrees that should said service be discontinued during the second OK third year, it shall pay io Utility said net costs less 1/24th of the total amount for each month that SeW-ce fs continued beyond the first year. r 5. 6. Utility agrees to use reasonable diligence in providing uninterrupted service, but does nut guarantee continuity or sufficiency oE supply of electric energy. If any of said street lights fail to burn properly, or if for any reason Utility is unable to supply energy for said lighting service, Applicant agrees that the only liability of Utility shall be to rebate the proportionate charge for the time that such lamps fail ta burn, excluding the time preceding notification to the Company of the pa e and the first 24 hour.period thereafeer. 7. Applicant agrees ' s applicable rates ad Rules on file with the California Utilities Commission, which rates and Rules are made a part hereof by reference, and a copy of which will be furnished to Applicant upon request. such changes or modifications as said Comnission may, from time to time, dfrect in the exercise of its jurisdiction. This Agreement shall at all times be subject to 8. Applicant may, with Utility's written consent, assign this Agreement provided that the Assignee thereof agrees in writing to perform the obligations and assume the liability hereunder, Any assignment by Applicant which is not in accordance with this provision shall be null and void and of no legal effect, IN WITNESS T&Ei3EOF, the parties hereto have caused this Agreement to be executed for and on behalf of each, by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. Address to which monthly billing will. be mailed: Agreement submitted to Applicant by: during the second or third year, it shall pay to Utility said net costs less 1/24th of the total amount for each month that Service is continued beyond the first year. 105-36f40 (11173 ) (L-fgbtfW Diatrfcts '1-2-3) .' . P 6. Utility agrees to use reasonable diligence in providing If any of of supply of electric energy. , or corpora Address to whfch monthly billing will be mailed: 2 of 2 L e @ AGREEMENT FOR STREET LIGHTING SCHEDULE LS2-A \ This Agreement is made and entered into as of the 22nd day of July , 19 74 , by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and City of mrlsbd , hereinafter called "Applicant". In consideration of the mutual promises herein, the parties agree as follows : 1. 2. 3. 4. 5. 6. Utility agrees. ,to furnish electric energy and switching service for ornamental street lights connected to system(s) installed and owned by Applicant as described in Exhibit A, attached hereto and made a part hereof. Applicant agrees to take and pay monthly for said service under the Utility's applicable rate schedules, attached hereto and made a part hereof, for installations set forth in Exhibit A for period of 1 years commencing July 22nd 19 74 , or as soon thereafter as Utility is reasonably able to' supply said service. The parties agree that upon the expiration of the original term, this agreement shall be automatically extended for successive terms of one year each; provided that this agreement may be terminated by either party upon not less than 60 days written notice prior to the expiration date of the original term or any extended term. The parties agree that no change shall be made in the above street lighting system, except by modifications mutually agreed upon in writing. By said modification new street lights may be added under the applicable rate and Utility agrees to make any necessary installations in accordance with its Rules and regulations; provided that no change will be made in the location of existing lights unless the expense thereof is paid by Applicant. Applicant agrees that should service to any of the above described street lights be discontinued during the first year of service following installation, it shall pay to Utility the net installa- tion and removal costs incurred by Utility to render such service. Applicant further agrees that should said service be discontinued during the second or third year, it shall pay to Utility said net costs less 1/24th of the total amount for each month that service is continued beyond the first year. Utility agrees to use reasonable diligence in providing uninter- rupted service, but does not guarantee continuity or sufficiency of supply of electric energy. If any of said street lights fail 106-37140 (11/73) (Lighting Districts 1-2-3) 6. 7. 8. (continued) to burn properly, or if for any reason Utility is unable to supply energy for said lighting service, Applicant agrees that the only liability of Utility shall be to rebate the proportionate charge for the time that such lamps fail to burn, excluding the time preceding notification to the Company of the particular outage and the first 24 hour period thereafter. Applicant agrees to be governed by the Utility’s applicable rates and Rules on file with the California Utilities Commission, which rates and Rules are made a part hereof by reference, and a copy of which will be furnished to Applicant upon request. This Agreement shall at all times be subject to such changes or modifi- cations as said Commission may, from time to time, direct in the exercise of its jurisdiction. Applicant may, with Utility’s written consent, assign this Agreement provided that the Assignee thereof agrees in writing to perform the obligations and assume the liability hereunder. Any assignment by Applicant which is not in accordance with this provision shall be null and void and of no legal effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed forandon behalf of each, by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. APPLICANT : City of Carlsbad ROBERT C. FRAZEE, May& Address : 1200 Elm Ave Car lsbad , Calif omia 92008 Address to which monthly billing will be mailed: 2 Agreement Submitted to Applicant by: # ./ P&//9Aq”A-A of 2