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Home My WebLink AboutGTE Easement - Desert Willow North Course Development PALM DESERT REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM DATE: OCTOBER 9 , i997 TO: EXECUTIVE DIRECTOR, HONORABLE CHAIRMAN AND MEMBERS OF REDEVELOPMENT AGENCY BOARD FROM: RUDY ACOSTA, PROJECT ADMINISTRATOR SUBJECT: GRANT OF EASEMENT TO GENERAL TELEPHONE (GTE) ALONG CERTAIN PARCELS OF DESERT WILLOW NORTH COURSE DEVELOPMENT Recommendation: By minute motion, authorize the Chairman, on behalf of the Palm Desert Redevelopment Agency Board, to execute a Grant of Easement for GTE along certain parcels within the Desert Willow Development. Background: GTE has requested that the Palm Desert Redevelopment Agency grant them an easement for access purposes to their telephone lines and equipment to be installed across certain parcels within the Desert Willow Project. Said easements are described in Exhibit "A" document attached to this report. The City's Engineering staff has reviewed the GTE submittal documents and does not anticipate any adverse effects to the project by granting of the requested easement. Therefore, Staff recommends that the Agency Board, by minute motion, authorize the Chairman to execute a grant of easement for GTE along the described parcels within the Desert Willow Development. /2719- REVIEWED AND CONCUR: Rudy Acosta Project Administrator `Executive Director • m h (�L/� pi.i'u � BY RDA Attachments (as noted) ON i()/. -/y.7 VERIFIED BY S Origin.11 on file with City Clerk's Office FORM 900ni,950(10-95) (Applicant' s Copy) ®.ALIFORNIA INCORPORATE/* BURIED COMMUNICATION AGREEMENT • a corporation Whereas, PALM DESERT REDEVELOPMENT AGENCY ,a partnership DESERT WILLOW GOLF _COURSEanindividual is the owner or authorized agent of the owner,hereinafter referred to as"Applicant,"of certain land RIVERSIDE ownas in the City of PALM DESERT ,County of ,in the State of California;and, WHEREAS, Applicant desires or is required to have underground communication facilities placed in said land in accordance with and subject to the Tariff Schedules of GTE California Incorporated (hereinafter referred to as "GTE") which Tariff Schedules include, but are not limited to, Rule No. 34;and, THEREFORE,IT IS AGREED AS FOLLOWS: 1.Applicant agrees to execute and deliver to GTE,without cost,adequate easements for communication purposes on GTE's standard right-of-way document, said easements to be generally along the areas delineated in GTE's Construction Plan attached hereto and made a part hereof.GTE agrees to prepare the necessary right-of- way document for Applicant's signature. 2.Upon the granting of said easements,Applicant shall,within a reasonable time after requested by GTE,perform the work required of it at its expense as set forth in the Construction Plan in accordance with Rule No.34.If materials are furnished by GTE,Applicant shall use all reasonable precautions to safeguard GTE's materials. In furnishing said materials or performing said work. Applicant shall comply with all the terms and conditions of this agreement including the Construction Plan and Specifications,further including,but not limited to,the following special conditions applicable to the specific types of work or materials: a. If trenches are required to be furnished by Applicant,said trenches are to be dug, located,and backfilled in accordance with the Construction Plan and Specifications.If buried cable is to be placed by GTE,all trenches shall be of constant depth and clear and free of debris at the time GTE places the cable. b. The Construction Plan or a separate letter shall specify which party is to furnish and which party is to install any required supporting structures including manholes,vaults, pull boxes, terminal cabinets or conduit, and the type, size, locations, and applicable specifications for installation in accordance with Rule No.34. 3.All work required of Applicant shall be subject to the inspection and satisfaction of GTE.Applicant agrees that before any work in connection with this agree- ment is commenced,GTE shall be notified sufficiently in advance so that GTE shall have the opportunity to have a representative present at any stage of the work.Applicant further agrees that no backfilling or tamping of trenches shall be performed unless a representative of GTE is present during the entire operation,or unless GTE shall other- wise give its prior consent.GTE agrees to notify Applicant within a reasonable time that a representative of GTE will be present or that GTE consents to the Applicant proceed- ing without such representative.Failure of GTE to make the preceding notification shall be deemed to be GTE's consent to the Applicant proceeding without such representa- tive.The failure of GTE to inspect said work or to have a representative present during various phases of the work,shall not relieve Applicant of its responsibility to perform said work in accordance with GTE's Construction Plan and Specifications. 4.Applicant shall indemnify and hold GTE harmless from any and all liability,loss,damage,or claims of any kind arising out of or resulting from any negli- gence of Applicant,or its contractors and subcontractors in connection with or related to the furnishing of materials or the performance of the work contracted for herein,or violations of this agreement by Applicant.This indemnify shall commence on the date this agreement is signed by both parties and shall continue in force for a period of six- teen(16) months thereafter,provided that the Applicant commences work within three (3)months after the agreement is signed by both parties.In the event the Applicant fails to commence work within the preceding time period,this agreement shall be null and void and of no force or effect. 5.Applicant shall advise and inform all persons performing excavation or other work upon the subject real property,or any part thereof,of the grade and loca- tion of GTE's facilities during such time as the Applicant has title,possession or control of the real property or such part thereof.This duty shall cease as to those portions of the real property which the Applicant has relinquished title,possession or control. 6.It is distinctly and particularly understood and agreed between the parties hereto,that Applicant is acting on his own behalf in performing,or causing to be performed,said work required of Applicant pursuant to this agreement,and that GTE is in no way associated or otherwise connected with the actual performance of the work or with the employment of labor or the incurring of other expenses.It is further understood and agreed,subject only to the conditions set forth herein,that Applicant shall have the sole control of the manner and means in performing this agreement. 7.Notwithstanding anything to the contrary in this agreement,Applicant agrees to reimburse GTE for GTE's full cost of relocating,rearranging and/or repairing its facilities when any or all of the foregoing is necessary and caused by Applicant changing established final grades or the locations set forth in the Consultation Plan and/or Specifications.Applicant understands that any significant change in the final grades of the location of GTE's facilities may necessitate relocation and rearrangement of GTE's facilities,or the foregoing may cause damage to GTE's facilities. 8.Applicant shall comply with all laws,ordinances,rules and regulions including,but not limited to,all applicable safety standards and rules. 9.Applicant agrees to provide GTE with a Bill of Sale for all conduit,manholes,pull boxes and other supporting structures,excluding underground supporting structures for separate service connections on private property to be served in accordance with Rule No.34. 10. In such instances as GTE shall have made a determination that said tract does not satisfy the density requirement for a subdivision, the Supplement attached hereto and made a part hereof,shall specify those specific provisions relative to the advance payment and refund requirements of Part A.3.d of rule No.34. 11.Nothing within this agreement shall be construed as limiting or modifying Rule No.34 or any other tariffs of GTE's on file with the California Public Utilities Commission.Nothing in the agreement shall be construed as limiting or in any way waiving or affecting the right of GTE to collect from the Applicant any other or additional sum of money which may become due and payable to GTE from applicant by reason of services furnished or to be furnished hereunder. GTE CALIFORNI CORPO ED SAVOY) Dated: Title: OPERATIONS SUPERVISOR - O.S.P. W.O. # 0547-3POO1MP APPLICAf1T: Dated: By:By:: Title:_ _- - Right-of-Way Secured ,19 Right-of-Way W.O. -- 'California Incorporat,_ TRENCHING AND CONDUIT SPECIFICATIONS FOR DEVELOPERS FORM CA 1199 REF AD900 705 I. NOTIFICATION A. Start of Work 1. The sole point of contact for placement of cable notification to GTE California is JOHN DURBIN at telephone number 619/34?-0508 .Developer will give GTE California twenty work days notification 0I dvance of the start of trenching,excluding weekends and holidays,for material ordering.When the trench is ready for telephone facilities, working days notice will be given GTE California for scheduling of manpower. 2. In the event of phased trenching, N/A working days notification will be necessary for each phase of trenching.When the trench is ready for telephone facilities N/A ,working days notice will be given GTE California for scheduling purposes. 3. In the event that the trench is in fact not ready for occupancy or is not in accordance with the construction plans and specification attached (Exhibit 1A), rescheduling delays may result. The developer will re-schedule through the above named party in subsection 1, and will be responsible for having trenches open at the rescheduled date. B. Inspection 1. To permit inspection Rtigy7cnsttA i...y the developer,notify telephone company inspector at least 24 hours prior to backfilling of trench. Telephone number II. MATERIALS A. Types of Conduit 1. CA(heavy-wall)cement conduit,known commercially as transite CA Telephone Duct.(All sizes) 2. ABS(Acrylonitrile Butadiene Syrene)plastic,in accordance with GTE Specification No.GT-80.(31h"—4") 3. PVC(Polyvinyl Chloride)plastic,in accordance with GTE Specification No.GT-80.(31/2"—4") 4. ABS or PVC in sizes of less than 31/2"shall conform to Western Underground Committee Model Specification#3.1. B. Manhole Identification 1. To comply with General Order No.128 of the State of California Public Utilities Commission,all manhole and pull box covers(whether steel or cement type)must be marked"GTE"in 2 inch high letters centered on the cover.Handhole covers may be marked"General Telephone"with smaller letters.This identification marking must be requested on all covers at the time they are ordered from manufacturer. III. CONSTRUCTION REQUIREMENTS A. General 1. The construction requirements contained herein are in addition to those shown on construction drawings. 2. GTE California reserves the right to refuse to place its facilities until lot lines and grades are clearly defined and identified. B. Open Trench 1. GTE California requires a minimum of N/A linear feet of open and clear trench for each scheduled working day for the placement of cable by telephone construction crews. C. Splice Pits 1. In the event that the identified splicing pits on the attached construction plans are backfilled prior to the completion by GTE California the developer will be responsible for re-opening of the pits. D. Duct Seals 1. All ducts stubbed out in trench must be sealed with plastic caps or plastic plugs. E. Clearance 1. Non-Power Facilities a. Separation from foreign structures such as gas,water,and other non-power facilities shall be as follows: (i) Parallel:Twelve inches of well-tamped earth or three inches of concrete. (ii) Crossing:Six inches of well-tamped earth or three inches of concrete. b. Separation from CAN shall be random separation in same trench,or 6"at crossings. 2. Power Facilities a. Separation from power cable in excess of 300 volts,buried or in conduit,either crossing or paralleling,shall be at least twelve inches of well- tamped earth or three inches of concrete.Partial backfill must be completed before trench is"ready"for telephone cable. b. Where voltages in power conductors do not exceed 300 volts to ground,telephone facilities may be placed with random separation from power company cables in the same trench or 6"separation when crossing. —Over— re -moo F. Depth of Cover 1. Minimurr depths of cover from conduits and buried cables(except where greater depths are required by local or other law or regulations)shall be as follows: a a. Conduit (i) 30"in streets or parking lots or other areas subject to vehicular traffic. (ii) 30"for main feed routes on private property. (iii)24"for distribution systems on private property(except parking lots). • b. Buried Cable (i) Buried cable will not be placed under the paved portion of a street. (ii) Conduit is required for buried cable at street crossings,under parking areas,etc.at 30"cover. (iii)6"under sidewalks. (iv)18"for service wires and cables on private property. (v) 18"in all other instances unless otherwise specified on the Construction Plan. 2. Trenches must provide the above specified minimum depths of cover measured from final grade. G. Backfill 1. No backfilling of trenches shall be performed unless GTE California's Representative is present or prior approval to proceed is obtained. H. Location Ties 1. All conduit and buried cable must be tied with dimensions to property lines to permit proper recording. 2. Trenches paralleling property lines shall be located to permit cable,conduit,or service wires to be placed as follows: a. Rear Property Lines:At least three feet and not more than six feet from property line. b. Side Property Lines:At least 18 inches and not more than 36 inches from property lines. I. Rodding of Ducts 1. Subsequent to backfilling,but prior to paving,the developer will check all ducts with a mandrel to be certain they are clear.The mandrel is to be '/."less in diameter than the designated inside diameter of the duct.After checking with the mandrel,the developer will measure the wall-to-wall length of one duct in each conduit section and will place and leave a V."polypropylene rope in duct(s)indicated on the drawing.Notify GTE California Inspector at telephone number shown Item I.B.1.at least 24 hours in advance of pulling in the mandrel or measuring the duct. IV. DEVIATIONS A. Any location deviation must have the prior approval of GTE California.Deviations other than location will not be allowed. V. PUBLIC UTILITIES COMMISSION REGULATIONS A. Tariff Rule No.34 covers the telephone company's and the applicant's responsibilities for the provision of facilities for telephone service to and within developments.A copy of these rules will be provided upon request. B. Rules for the construction of underground electric supply and communication systems are contained in General Order No.128 prescribed and issued by the Public Utilities Commission of the State of California.All construction must be in conformance with these rules and any applicable local ordinances. Dated: ,19 GTE CALIFORNIA INCORPORATED .L. SAVOY) Title OPERATIONS SUPERVISOR - O.S.P. Dated: ,19 APPLICANT PALM DESERT REDEVELPOMENT AGFNCY By— Title - - -2—