HomeMy WebLinkAboutPG&E - Utility Poles
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THIS AGREEMENT made by and betlveen PACIFIC GAS AND ELECTRIC COMPANY,
a California corporation, hereinafter called Pacific, and CITY OF GILROY, a
California municipal corporation, hereinafter called CitYj
WITNESSETH:
In consideration of the promises of City herein, Pacific does hereby
give City permission, free of rent or other charge, and on the terms and con-
ditions herein stated, to install, maintain and use fire alarms, police sig-
nals, electrically controlled traffic signals, and appliances connected there-
with (all of which will hereinafter be called equipment) on the poles owned by
Pacific or jointly owned by Pacific and others, heretofore or hereafter in-
stalled in streets and public places in the City of Gilroy, Santa Clara County,
California. City shall not, however, install any equipment on any pole owned
by Pacific and others until it first obtains the written consent of the others.
1. This permission is personal to City and shall not be assigned in
whole or in part without the prior written consent of Pacific.
2. Whenever City from time to time desires to install equipment on
any of said poles, it shall make written application therefor to Pacific
specifying therein the poles and the pole positions which City proposes to
occupy. Upon receiving vlritten consent of Pacific to do so, City shall have
the privilege of installing, maintaining and using equipment on the poles speci-
fied in said consent, and un any terms and conditions therein stated as well as
on the terms and conditions specified in this agreement, which shall be con-
sidered a part of each and every such consent whether or not referred to therein.
3. City shall install and maintain all equipment hereunder at its own
sole risk and expense, to the satisfaction of Pacific's engineers, and in
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conformi ty I'lith all applicable rules and regulations of the Public Utili ties
Commission of the State of California, and any other body or authority which
may succeed it.
4. Ci ty shall indemr.ify Pacific, its officers J agents) and em-
ployees, against all loss, damage, expense and liability resulting from in-
jury to or death of person or injury to property, arising out of or in any
way cOIDlected with the installation5 maintenance} or use of said equipment
hereunder. City shall, on Pacific1s request, defend any suit aSserting a
claim covered by this indemnity. City shall pay any costs that may be in-
curred by Pacific in enforcing this indemnity.
5. On being given 90 days' written notice by Pacific to do so, or
in cases of emergency on such notice less than 90 days as the circumstances
reasonably permit, City shall remove its equipment from such poles as Pacific
designates in said noticej and at the expiration of the time specified'in
said notice all rights and privileges of City hereunder in and to the poles
designated shall forthwith terminate. If said. equipment has not been re-
moved from the designated poles within the time specified, Pacific shall
have the right to remove it at the sole cost of City, which hereby agrees to
reimburse Pacific for the reasonable expense of such removal. If Pacific
shall so terminate this permission as to a portion only of said poles) it
shall have the right at any time or from time to time thereafter to termi-
nate this permission as to any portion or all of the remaining poles.
6. Removal or abandonment of its equipment by City shall termi-
nate all of its rights and privileges hereunder. Abandonment shall be con-
clusively presumed if said equipment has not been used for any period of 90
consecutive days. After the expiration of said period) Pacific shall have
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the ri~~t to remove and retain possession of said equipment, provided that at
least ten days prior to such removal Pacific has mailed to City written notice
of its intention to remove said equipment,
7. Time is of the essence of the provisions hereof,
IN WITNESS WHEREOF the parties hereto have executed these presents
in duplicate this
17th
day of
June
, 1963.
PACIFIC GAS AND ELECTRIC COMPANY
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. ivision ager
CITY OF GILROY
By
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It s Mayor
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And By
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I, the undersigned., do hereby cert.ify that I am the duly elected)
qualified, and acting Clerk. of the CHy' of Gilroy J a California municipal
corporation; that the above and foregoing is a full, true, and correct copy
of a resolution which was duly adopted by said City Council at a regular
meeting thereof duly and regularly held on the
17th
day of June
.'
1963 j that at said meeting a ma,jori ty of the members of said City Council
was present and voted in favor of the adoption of said resolutionj and that
the same has never been arnended, :revoked, or repealed, but is still in full
force and effect.
IN \ITT1TESS WHEREOF I have hereunto set TIf;f hand and affixed the
seal ot' said City of Gilroy thi.s: 18th
day of
June
,
1963.
dZ0~ ~.
Clerk of the City of