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HomeMy WebLinkAboutPG&E - Chestnut Fire Station COPIES / / DIVISION / / DEVELOPER / / CONTROL BUREAU / / DISTRICT 19~~ -tv..; ~ GAS A:~~RIC COMPANY AGREEMENT FOR UNDERGROUND LINE EXTENSION TO SUBDIVISIONS OR DEVELOPMENTS '1 " REFERENCE 1 . The City of Gilroy (Developer) has requested PACIFIC GAS AND ELECTRIC COMPANY (PGandE) in accordance with PGandE's Rule No. 15 (Extension Rule) on file with the Public Utilities Commission of the State of California (Commission), a copy of which Extension Rule is attached and made a part hereof, to furnish and install an underground electric distribution system and related facilities (Distribution System), as delineated on the sketch attached and made a part hereof, extending from PGandE's existing electric distribution lines to within 200 feet of the boundaries of that certain tract or parcel of land situated in the C1 ty ot Gi !rov County of . SMta Clara , State of California, known as for purposes of sale or lease. which Developer has or intends to subdivide or otherwise improve The Distribution System within and 200 feet outside the boundaries of said tract or parcel will be installed in accordance with PGandE's Rule 15. 2. Subject to the terms and conditions of this agreement and in accordance with Section D of the Extension Rule, PGandE is willing to comply with Developer's request and will install the Distribution System. 3. As provided in Section D of the Extension Rule, and as tabulated on the Appendix hereof, Developer shall pay to PGandE upon demand and prior to any construction by PGandE (a) the nonrefundable amount of $ 159.93 which is 75 percent of the difference between the total estimated cost to PGandE to complete the Distribution System (exclusive of transformers, meters and services) and the amount of $ 1973.00 (Overhead System Amount) which is the amount PGandE estimates it would expend for an equivalent overhead electric distribution system to serve the tract of land and (b) the refundable advance of $ -0- which is the Overhead System Amount less that portion which PGandE estimates will be refundable to Developer as provided in the Extension Rule, within six (6) months following the date PGandE commences construction of the Distribution System. Developer agrees, however, to pay PGandE on demand at the end of the six (6) month period so much of the uncollected Overhead System Amount as would not in fact then be refundable. Any portion of the Overhead System Amount paid to PGandE shall be subject to refund to Developer in accordance with the Extension Rule without interest for a period of ten (10) years from the date PGandE is ready to supply service from the Distribution System except as otherwise provided in Section B.3 of PGandE's Rule 15. a copy of which is attached and made a part hereof. 4. Developer hereby grants to PGandE all necessary rights of way and easements to install, operate, maintain, replace and remove the Distribution System on property of Developer along the routes shown upon the attached sketch, and Developer agrees to execute such other grants, deeds or documents as PGandE may require to enable it to record such rights of way and easements. If any part of the Distribution System is to be installed on property owned by other than Developer, Developer shall, if PGandE is unable to do so without cost to it, first procure from the owners thereof in the name of PGandE all necessary permanent rights of way and easements for the installation, opera- tion, maintenance, and replacement of the Distribution System upon such property, the rights of way and easements to be in a form satisfactory to PGandE and without cost to it. 5. PGandE shall not be responsible for any delay in the installation or completion of the Distribution System by PGandE resulting from shortage of labor or materials, strike, labor disturbance, war, riot, weather condi- tions, governmental rule, regulation or order, including orders or judgments of any court or commission, delay in obtaining necessary rights of way, act of God or any cause or condition beyond the control of PGandE. PGandE shall have the right, in the event it is unable to obtain supplies, material or labor for all of its construction require- ments, to allocate materials and labor to construction projects which it deems, in its sole discretion, most important to serve the needs of its customers, and delay in construction or completion hereunder resulting from such allocation shall be deemed a cause beyond PGandE's control. 6. All facilities installed hereunder shall, at all times, be the sole property of PGandE. 7. This agreement does not provide for the installation of any underground conduits and/or conductors by PGandE other than as provided on the attached sketch. The obligations of both Developer and PGandE under PGandE's Rule No. 16 on file with Commission, relating to service installations, are not included in this agreement. 8. PGandE will furnish electric service to individual applicants for service in accordance with PGandE's applicable Electric Rates and Rules on file with Commission. In the event that electric service is not connected to permanent bona fide loads within the subdivision or development because of Developer's failure to fulfill any of the terms or conditions of this agreement, then Developer shall pay PGandE the total estimated installation and removal costs of the extension or portion of the extension installed hereunder made idle by Developer's failure to comply with this agreement and any refundable or nonrefundable amount payments previously made by him shall be applied as a credit . 62-3091 Rev. 5/71 9. Applicant may, with PGandE's written consent, assign this agreement, in whole or in part, if the Assignee thereof agrees in writing to perform Developer's obligations hereunder. Such assignment, unless otherwise provided therein, shall be deemed to include Developer's right to any refunds then unpaid or which may thereafter become payable hereunder. 10. This contract shall, at all times, be subject to such changes or modifications as the Commission may direct. Dated: 19// i.Cae By and by / Mailing Address: By City Clerk For: Manager, :>m Jose Division .~~ ("j (~i1.rc-;', ~:di f. APPENDIX A. NONREFUNDABLE AMOUNT Total estimated cost of the Distribution System (excluding transformers, meters and services) Less the estimated cost of an equivalent overhead distribution system (Overhead System Amount) Di fference $ ~!~d:l.:'5 $ U'[3.TJ $ 51C. 2~ $ 3e7.I:! Nonrefundable Payment (75% of Difference) I,f~S3 \'~r(":;lehi~l'~ c:,)S ts :.::7 .~:5 l::~' . .13 B. REFUNDABLE AMOUNT ':,.'\)tnl :;on refundf1,ol~' be' ;j1nli cdnt Overhead System Amount (from A above) $ " Less the amount PGandE estimates will be refundable within six (6) months after PGandE commences construction $ $ Initial Refundable Advance C. PAYMENT BY DEVELOPER Initial Refundable Advance $ $ J,)). '-,3 Nonrefundable Payment .J- Total (excluding the portion of the refundable advance which PGandE estimates will be refundable within six (6) months after PGandE commences construction) . . $ 15:1.)3 62-3091 Rev. 5/71