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HomeMy WebLinkAboutResolution No. 80000 0 RESOLUTION NO. 8000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR POSSESSION OF ELECTRICAL DISTRIBUTION FACILITIES" BY AND BETWEEN THE CITY AND SOUTHERN CALIFORNIA EDISON COMPANY THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. Southern California Edison Company (hereinafter "SCE") is the owner of certain electrical distribu- tion facilities located at the Foothill Shopping Center in the 800 block of Alosta Avenue, Azusa, California; B. The City is desirous of obtaining possession of the subject facilities and contemplates the filing of an eminent domain action to acquire such facili- ties; C. The City is desirous of obtaining possession of the subject facilities prior to judgment in any such condemnation action in order to undertake construction proceedings at the Foothill Shopping Center, scheduled to begin on or about April 1, 1986; D. The City and SCE have reached an agreement as to the transfer of possession of the subject facilities from SCE to the City and by such agree- ment desire to effect a full transfer of posses- sion of the subject facilities. SECTION 2. The City Council of the City of Azusa does hereby approve that certain agreement entitled "Agreement for Possession of Electrical Distribution Facilities" by and between Southern California Edison Company and the City of Azusa and hereby authorizes the Mayor to execute said agreement on behalf of the City in substantially the form as attached hereto as Exhibit "A." SECTION 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 15th day of April , I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa, at a 0 0 regular meeting thereof, held on the 15th day of April 1986, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ADOLPR SOLIS, C TY CLERK AVILA, COOK, CRUZ, LATTA, MOSES NONE NONE -2- 0 0 AGREEMENT FOR POSSESSION OF ELECTRICAL DISTRIBUTION FACILITIES This Agreement for Possession of Electrical Distribution Facilities (hereinafter "Agreement") is entered into this 16th day of April, 1986 by and between the following parties: SOUTHERN CALIFORNIA EDISON COMPANY, a Cali- fornia public utility (hereinafter "SCE"); and CITY OF AZUSA, a municipal corporation (hereinafter "City"). R E C I T A L S WHEREAS, SCE is the owner of certain electrical distribution facilities, as more particularly described in Exhibit A attached hereto and hereby incorporated by reference as if set forth here in full, (hereinafter the "Subject Facilities") located at the Foothill Shopping Center, 800 block of Alosta Avenue, Azusa, California. WHEREAS, CITY is desirous of obtaining possession of the subject facilities prior to judgment in order to undertake construction proceedings at the Foothill Shopping Center, scheduled to begin on or about April 1, 1986. n WHEREAS, the filing of an action in eminent domain is contemplated and the parties have reached an Agreement as to the transfer of the possession of the subject facilities from SCE to CITY and by this Agreement desire to effect a full transfer of possession of the subject facilities. NOW, THEREFORE, the parties for and in consideration of the hereinafter mutual promises set forth, the parties do agree as follows: A G R E E M E N T 1. SCE hereby grants the right of possession and use of the subject facilities as more particularly described in Exhibit A to City, and City is vested with the right of possession and authorized and empowered to remove therefrom any and all persons, obstacles, improvements or structures of any kind thereon situated subject to the limitations contained in paragraph five (5) below. 2. CITY is not obligated to post a bond or other security instrument on the subject facilities. 3. CITY agrees that SCE shall retain the right to litigate as to the issue of just compensation relating to the subject facilities in any condemnation action instituted on the subject facilities. CITY also agrees that although possession is hereby granted to CITY prior to the filing of any legal action or settlement of the action as to - 2 - 0 0 compensation, that SCE is entitled to draw interest from the date of possession at the legal rate of interest pursuant to Code of Civil Procedure 1268.310. 4. After the taking of possession by CITY as specified in Paragraph 1, SCE is relieved from the obligation to carry insurance coverage on the subject facilities and the CITY shall procure the necessary insurance coverage on the facilities and thereafter indemnify and hold SCE harmless from any and all liability pending entry of a Final Order of Condemnation. 5. The parties agree to cooperate in the separation of the subject facilities from SCE's system by mutually agreeing to a specific date for cutover of power from SCE's system. 6. Any notice to be given or other documents to be delivered by either party to the other shall be delivered by personal service or by deposit in the United States mail, properly addressed with postage prepaid to the parties as follows: A) CITY OF AZUSA Post Office Box WWW 777 No. Alameda Avenue Azusa, California 91702 Attention: Mr. Joseph F. Hsu, Director of Utilities B) SCE 2244 Walnut Grove Avenue Rosemead, California 91770 - 3 - 0 Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the above-specified address. Notices shall be deemed served or delivered upon receipt by personal service or five (5) days after deposit in the United States mail. 7. This Agreement contains the full and complete Agreement of the parties as to the prejudgment possession only. This Agreement shall not be modified in any way except by a writing expressly purporting to be such a modification, signed and acknowledged by the party against which enforcement of such modification is sought. 8. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by each of the parties hereto jointly and equally, and shall not be interpreted against any party on the ground that the party drafted the Agreement or caused it to be prepared. 9. Each party acknowledges that it has entered into and executed this Agreement solely on the basis of its own independent investigation of the facts, and the advice of its own independently selected Counsel, if any, and other advisors, and has not relied on any statement(s) or omission(s) by the other party. 10. In the event that any action, suit or proceeding is brought for the enforcement of, or the - 4 - declaration of any right, pursuant to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, together with any other relief to which the other party would otherwise be entitled. 11. Each party expressly warrants and represents that the person signing this Agreement on their behalf has the authority to execute this Agreement. 12. This Agreement shall be binding on and extend to each party's parents, subsidiaries and affiliates, their respective agents, directors, officers, employees, successors and assigns. 13. This Agreement may be executed in counterpart. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY OF AZUSA BY: Mayor ATTEST •fl it Clerk Y SOUTHERN CALIFORNIA EDISON By: Exec. Nice Pres.J-4ent By: L(Lo�� Assisr.;4 Secretary APP OVED AS TO FORM: P ER M. THORSON / City Attorney - 5 - APPROVTO FORM. i NORMhA G. KU ,'Attorney f z SCE '�.., 0 0 EXHIBIT "A" SOUTHERN CALIFORNIA EDISON COMPANY INVENTORY OF ELECTRICAL DISTRIBUTION FACILITIES CITY OF AZU AS OF JANUARY 16, 1986 ACCOUNT NUMBER 364 - POLES AND FIXTURES 1 each Crossarm, wood, double, 10 ft., steel pin 1 each Pin, insulator, steel, 1 in. thread 17 each Step, pole 6 each Block, riser ACCOUNT NUMBER 365 - OVERHEAD CONDUCTORS AND DEVICES 1 each Insulator, pin type, 23 kV 1 each Ground assembly ACCOUNT NUMBER 366 - UNDERGROUND CIRCUIT 45 feet Riser, HDG conduit, 4 in. 1,238 feet Conduit, direct burial, 4 in. 1 each Manhole 2 each Vault 4 each Rack, cable 6 each Hook, cable rack 6 each Insulator, cable rack 1 each Ground assembly ACCCOUNT NUMBER 367 - UNDERGROUND CONDUCTORS AND DEVICES 664 feet Cable, 2 awg, PILC, 3/c, 12 kV 1 each Pothead, 2 awg, PILC, 3/c, 12 kV ACCOUNT NUMBER 368 - LINE TRANSFORMERS 3 each Transformer, 1 -phase, 167 kVA, subway, 12,000-120/240V, McGraw Edison, Serial Nos. 1615151, 1615152 and 1615153 3 each Transformer, 1 -phase, 250 kVA, subway, 12,000-120/240V Pennsylvania, Serial Nos. 37464-1, 37464-2 and 37464-3 3 each Arrester, lightning 2 each Switch, oil load break, 15 kV, 3 -way 2 each Cabinet, fuse • 0 SOUTHERN CALIFORNIA EDISON COMPANY INVENTORY OF ELECTRICAL DISTRIBUTION FACILITIES SERVING THE FOOTHILL SHOPPING CENTER INVOLVED IN PROPOSED CONDEMNATION BY THE CITY OF AZUSA AS OF JANUARY 16, 1986 ACCOUNT NUMBER 368 - LINE TRANSFORMERS (Cont'd) 6 each Splice, various 275 feet Cable, 2 awg, PILC, 1/c, 12 150 feet Cable, 500 kcmil, synthetic 9 copper, 1/c, 600V 36 each Rack, cable 65 each Hook, cable rack 65 each Insulator, cable rack 2 each Ventilation equipment 2 each Lighting system, vault 2 each Ground assemply ACCOUNT NUMBER 369 - SERVICES Underground kV insulated 8 each Service, 3-500 kcmil and 1 4/0 awg, synthetic insulated copper 1 each Service, 3-700 kcmil and 1-350 kcmil, synthetic insulated ACCOUNT NUMBER 370 - METERS1/ 12 each Meter, demand, 3-phase, 120V, 2.5A 4 each Meter, demand, 3-phase, 120V, 15A 9 each Meter, demand, 3-phase, 120V, 30A 1 each Meter, demand, 3-phase, 120V, 50A 12 each Switch, test, 3-phase, four wire metering 3 each Transformer, current, indoor, 100/5A, 600V 24 each Transformer, current, indoor, 200/5A, 600V 3 each Transformer, current, indoor, 400/5A, 600V 3 each Transformer, current, indoor, 600/5A, 600V 3 each Transformer, current, indoor, 800/5A, 600V l/ excepting meter No. Y805-000027 Property Accounting Department C. 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