HomeMy WebLinkAboutSan Diego Gas & Electric Company; 2005-06-08; 2787790A &%?mpra Energy utility’
Submitted to Applicant by:
Stephen Campbell
SDG&E Work Order(s): 2787790
AGREEMENT FOR REPLACEMENT OF OVERHEAD
WITH UNDERGROUND FACILITIES
THIS AGREEMENT, made and entered into, by and between SAN DIEGO GAS &
ELECTRIC COMPANY, a corporation, hereinafter called “Utility”, and ClTY 8F C?A R1 .SAAD , hereafter called “Applicant(s)”.
WITNESSETH:
WHEREAS, Applicant(s) are the owners, lessees, or others having a legal interest in
those certain premises known as Rancho Santa Fe Rd. 20B Conversion - PH2 located at Rancho Santa
Fe Rd, between Melrose Dr & La Costa Meadows Dr; and
underground facilities, and in consideration of the desirability and value which said underground facilities
will add and contribute to the above premises;
1. Subject to the conditions hereinafter provided, Utility, upon obtaining satisfactory easements for any
required rights of way, shall remove its existing overhead electric power facilities serving Applicants
and shall replace these facilities with underground facilities, in accordance with its Rule 20.B for
Replacement of Overhead with Underground Facilities as filed with the California Public Utilities
Commission.
2. All work performed by the Utility and Applicants pursuant to this Agreement shall be in conformity with
the General Conditions and the Specifications attached hereto and by this reference made a part
hereof. Utility shall furnish underground electric service to the premises shown on Specifications and,
upon completion of the work specified herein, Utility shall not furnish overhead electric service to any
of such premises.
3. This Agreement shall become effective only upon compliance with all of the following conditions:
a) All Applicants shall execute this Agreement and shall perform all of the conditions herein
contained.
b) All Applicants shall execute a companion agreement with each company, municipality, or agency that is a joint user with Utility of poles, or maintains other poles, within the area from
which Utility’s pole will be removed pursuant to Section 1, for providing communication
service, traffic signals, police or fire alarm boxes, or street or safety lighting supplied by
overhead wiring. Such agreement or agreements will provide for such service to be
discontinued or converted and maintained through underground circuits or other appropriate
and lawful means, so that all of said poles can be removed from the area within a reasonable
time after Utility has removed its poles.
c) Applicants will, at their expense and in conformity with the Contract Documents as defined in the General Conditions, furnish and install the material, and facilities and perform the work
indicated below by a check mark. The material, facilities and work listed below which are not
indicated with a check mark shall be furnished, installed and performed by Utility at
Applicants’ expense.
WHEREAS, Applicant‘s desire that existing overhead facilities be replaced with
NOW, THEREFORE, it is agreed by and between Utility and Applicants as follows:
1 FORM 106-2759L (4/91)
IXI Excavation, backfill and compaction
IXI Conduits
IXI Concrete substructures
d) Utility shall notify Applicants, in writing, of final acceptance of the work specified herein. Applicants hereby grant to Utility all facilities installed by Applicants pursuant to this
Agreement, said grant to be effective upon receipt of Utility's written final acceptance.
e) Each Applicant shall, at his expense, promptly provide any necessary changes to the existing facilities on his property so as to receive underground electric service at the points specified
on the Specifications. The Applicants' work shall be in accord with Utility's Rule on Service
Connections filed with the California Public Utilities Commission effective as of the date of
this Agreement, and in accord with the Contract Documents. Underground electric service
will not be supplied until all affected premises are equipped to receive electric service in
accordance with said plan and specifications.
Receipt is acknowledged from Applicant(s) of $1 51,948, which is an amount equal to the estimated
cost of Utility's conversion work computed in accordance with its Filed Rule on Replacement of
Overhead with Underground Facilities. Said amount includes any engineering fee or fees that may
have been paid to Utility in contemplation of the work provided for in Section 2.
In the event any additions, rearrangements, or changes to the electric wiring are required or
performed on Applicants' several premises, other than the work pursuant to Section 3.e) above,
Applicants shall cause said additions, rearrangements, and changes to be made at their expense.
All wires, cables, conductors, conduits, ducts, connectors and appurtenances installed by Utility, or its
agents, on the premises of Applicants, or elsewhere, and all facilities granted to Utility by Applicants,
shall become and remain the property of Utility notwithstanding any payment made under this
Agreement. Such facilities will be maintained and operated by Utility in accordance with its Rules for
the Sale of Electric Energy on file with the California Public Utilities Commission.
4.
5.
6.
7.
Utility shall be under no obligation to perform and complete the work undertaken by it
pursuant to this Agreement until Applicants' obligations incurred pursuant to Paragraphs 3. b)
and 3.e) of this Agreement shall have been fulfilled.
If the Specifications attached hereto require the installation of new street lighting standards,
Utility shall be under no obligation to remove and cease operating its overhead electric
facilities nor to furnish underground electric service to any of the premises shown on the
Specifications until said street lighting standards have been installed and energized.
Utility at its sole election, may undertake to perform the work to be performed by it prior to the
occurrence of the conditions specified in section 7. and subsection b) of this Section. The
commencement of any such work by Utility under the provisions of this subsection shall not
constitute a waiver of any of the requirements imposed upon any Applicants under section 7.
or subsection b) of this Section, or under any other provisions of this Agreement.
If any Applicants shall, within one year of the date of this Agreement, fail or refuse to comply
with any of the conditions hereof or to perform all work required under the contracts executed
pursuant to Paragraph 3.b) of this Agreement, Utility shall have the right to make such
changes and to impose such further conditions upon the Applicants as may be necessary to
protect its rights under any existing agreement for any increase in its costs of installation, and
to provide in any other manner for the accomplishment of the purposes of this Agreement
consistent with applicable rules, laws, ordinances and its contractual obligations hereunder.
Once Applicant has started to perform the work required by the Contract Documents, Applicants
agree to exercise reasonable diligence in pursuing such work to completion within one year after the
effective date of the Contract Documents. If such work has not been completed within one year after
the effective date of the Contract Documents, Utility shall have the right, upon giving written notice to
Applicants, to cancel and terminate the Contract Documents. Utility shall return to Applicants, an
amount equal to the above cash advance, minus Utility's costs. Utility's costs are defined as the
actual cost (including but not limited to labor, materials and overhead) incurred by Utility prior to such
cancellation and termination in connection with work done in furtherance of Applicants' project, plus
2 FORM 106-2759L (4/91)
8.
9.
IO.
11.
12.
the actual cost of removing any of the Utility installed facilities which Utility desires to salvage, minus
the salvage value of such facilities. Upon exercise of this right to cancel and terminate, and upon
payment to Applicants, all of Utility's obligations under the Contract Documents shall cease.
This Agreement shall at all times be subject to such changes or modifications by the California Public
Utility Commission as said Commission may, from time to time, direct in the exercise of its
jurisdiction.
All terms and situations heretofore made and agreed to by the parties in relation to said electric line
replacement are set forth in this Agreement and no representation of any agent or employees shall be
binding upon Utility except as expressed herein. Appendix A attached hereto is solely for use by
Utility and nothing contained therein shall in any way alter or vary any term, condition or stipulation
contained in this Agreement.
If Applicant is a corporation, partnership, 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. Each Applicant signing this Agreement agrees that he shall be jointly and severally
liable under the terms of this Agreement with every other applicant signing the Agreement.
All of the terms and conditions of this Agreement shall be binding upon and shall insure to the benefit
of the parties hereto, their heirs, administrators, executors, personal representatives, trustees,
successors and assigns.
The Contract Documents shall become effective only upon the date signed by the authorized
representative of Utility.
IN WITNESS WHEREOF, the parties hereto have individually executed, or have caused
this Agreement to be executed for and on behalf of each, by and through their responsible agents,
partners, or duly authorized corporate officers, as the case may be.
APPLl CANT: C 17-y OF CARLSAAD
\ II fl
By:
Name: MATT HALL
(Please Print or Type)
Title: Mayor Pro Tern
Date: June 8, 2005
Telephone: @b) (a 0 2- 2 7-3 9
Social Security Number or
Tax I.D. Number 9 -cG-600478*3
SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation
By: ' (Authorized Individual-Utility)
Date Executed: h 8,
Applicant is a corporation: Yes [)A No [ ]
3 FORM 106-2759L (4/91)
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