Loading...
HomeMy WebLinkAboutSR - RTFY - SC Gas - Gas Line @ Entrada�C PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: RATIFY THE EXECUTIVE DIRECTOR'S APPROVAL OF THE GRANT OF EASEMENT (RIGHT OF WAY) AND GENERAL CONDITIONS FOR LINE EXTENSIONS AT ENTRADA DEL PASEO TO THE SOUTHERN CALIFORNIA GAS COMPANY SUBMITTED BY: CONTRACTOR: DATE: CONTENTS Recommendation: MISSY WIGHTMAN, PROJECT COORDINATOR SOUTHERN CALIFORNIA GAS COMPANY 555 W. 5T" ST., ML GT 26C2 LOS ANGELES, CA 90013-1011 8 MARCH 2O07 GRANT OF EASEMENT (RIGHT OF WAY) GENERAL CONDITIONS FOR LINE EXTENSIONS By Minute Motion, that the Agency Board ratify the Executive Director's approval of a Grant of Easement (Right of Way) and General Conditions for Line Extensions to the Southern California Gas Company to lay and maintain an underground pipeline and conduit at Entrada del Paseo. Executive Summarv: By approval of the staff recommendation, the Agency Board will ratify a Grant of Easement (Right of Way) and General Conditions for Line Extensions approved and executed by the Agency's Executive Director to lay and maintain an underground pipeline at Entrada del Paseo. The new construction of the Henderson Community Building and future development of the La Spiga Restaurant will require the extensions of the pipeline for the transportation of gas from the existing system previously built in 2002. Discussion: The Redevelopment Agency has been actively developing the remaining four acres of the 12-acre site known as Entrada del Paseo. In order to prepare the site for the current development of the La Spiga Restaurant and the Henderson Community Building, the gas pipeline system needs to be extended from the original system built at the Entrada del Paseo site. The Southern California Gas Company is requesting an executed Grant of Easement (Right of Way) and General Conditions for Line Extensions for the construction and maintenance of these systems. Staff Report Ratify the Executive Director's Approval of the Grant of Easement and General Conditions for Line Extensions at Entrada Del Paseo to the Southern California Gas Company Page 2 8 March 2007 The Executive Director has executed the subject Grant of Easement (Right of Way) and General Conditions for Line Extensions to lay and maintain this pipeline so that the site work can move ahead as scheduled. These executed documents are hereby presented to the Agency Board for ratification. Submitted by: r Missy Wi6bKan, Project Coordinator Lauri Aylaian, Redevelopment Ccx, i� Approval: Department Head: Dave Yrigq Director o development/Housing � � 1 VERIFIED BY P-)d ('t Original on file with City Clerk's Office G:\rda\Melissa Wightman\La Spiga\Civil\Staff Report- Southern California Gas Ratification Grant of Easement and General Conditions for Line Extensions.doc Recording Requested by and when recorded mail to: Southern California Gas Company 555 W. 5"' St., ML GT 26C2 Los Angeles, CA 90013-1011 Attn.: Land & Right of Way Atlas #: PV 13&23 APN: 640-370-012 WR# 1725088 R.W. 253,133 DOCUMENTARY TRANSFER TAX $ CONVEYANCE OF EASEMENT (OIL AND GAS LEASE) AND CONSIDERATION & VALUE IS LESS THAN $100. R&T 1 191 l . Computed on full value of property conveyed Computed on full value less liens and encumbrances remaining at time of sale Southern California Gas Company GRANT OF EASEMENT (RIGHT OF WAY) FOR VALUABLE CONSIDERATION, Palm Desert Redevelopment Agency, ("Grantor"), hereby grants to Southern California Gas Company, a California corporation, its successors and assigns ("Grantee"): a 10.00 foot in width non-exclusive easement to lay, construct, maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to time, as Grantee deems necessary, one or more pipelines and conduits, together with metering, measuring, regulating, cathodic protection, communications and other appurtenances (all hereinafter referred to as the "Facilities") for the transportation of gas, energy, communications, petroleum products and other substances (whether or not such substances are transported at any particular time), over, under, through, along, and together with the reasonable right of ingress and egress to and from the easement Facilities and the right to use Grantor's abutting property during construction of the Facilities, the strip of land located in the City of Palm Desert in County of Riverside, California, described in Exhibit "A" and depicted in Exhibit "B" (together "The Easement") attached hereto, and made a part of this agreement. Grantor, for its heirs, successors and assigns, agrees that, except as provided below, no change of grade of the Easement shall be made, that it shall not be inundated, that it shall be kept free of trees, deep-rooted shrubs, buildings and structures of all kinds (except for Grantee's Facilities), and that nothing shall be done to impair Grantee's vehicular access to or along the Easement. Grantor reserves the right to (1) use any surface or subsurface areas, provided such use does not unreasonably or substantially interfere with Grantee's use of the Easement; (2) improve the Easement area surface with landscaping (except trees and deep-rooted shrubs), paved driveways, parking surfaces, sidewalks, curbs and gutters; provided, however, that before making any such improvements involving a change of grade, Grantor and its heirs, successors and assigns, shall notify the Grantee in advance. This Easement shall be binding upon and inure to the benefit of successors, heirs, and assigns of Grantor and Grantee. Form 1390 Rev. 0412012006 R.W. 253,133 IN WITNESS WHEREOF, these presents are hereby signed this 13thday of February . 20 07. GRANTOR: Palm Desert Redevelopment Agency Signature Signature Carlos L. Or Pegga Name Name Executive Director Title Title ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) )ss COUNTY OF Riverside ) On February 13 , 20 07 before me, M. Gloria Martinez , a Notary Public, personally appeared Carlos L. Ortega personally known to me (t>r�c, .... ,,.. tl.: ) to be the personjg) whose name 1s subscribed to the within instrument and acknowledged to me tha he sge/toey executed the same in i ft/their authorized capacity(tiks), and that b his r/their signature(�j on the instrument the person(, or the entity upon behalf of which the person(/) acted, executed the instrument. WITNESS my hand and official seal. Signature Commission #: %a3lo Commission Expiration: A"? TWO FMr M.c�.oRu►M�1tttIPlEta �y h�bMC - Ca OMM RAVO as County Comm. bOn Oct 29. 201 EXHIBIT "A" R.W. 253,133 The legal description of the easement area is as follows: That certain portion of Parcel 12 of Parcel Map 30226, in the City of Palm Desert, County of Riverside, State of California, as shown on a map filed October 7, 2002, in Book 203, Pages 16 through 19, inclusive, of Parcel Maps, in the office of the County Recorder of said County, within the following described boundaries: A 10.00-foot strip of land, lying 5.00 feet on each side of the gas pipeline, as installed by Grantee, lying within said land. And as shown on the plat attached hereto as Exhibit "B" and made a part hereof. This legal description was prepared by Southern California Gas Company for an easement for utility distribution lines and service facilities pursuant to the exemption granted by California Business and Professions Code Section 8730 (c) r SECTION TOWNSFiIP RANGE 19 55 — 6E -- -- -- Ln Q0 Lh N Ln E 0 [] 0 °&M� S.B.B.M.I EXHIBIT -A P M 30226 16 - 19 B //T�� Y NAME/DATE�jI CHECKED BY: NAME/DATE - -- I--- --- 10 C/ 2 8\( i 11 4 4 v m _. ol 3 5 88' -0 Q N, n . SOUTHERN CALIFORNIA GAS COMPANY (SCALE: NTS (PLAT TO ACCOMPANY LEGAL DESCRIPTION OF THE RIGHT OF WAY (ATLAS u: PV 23 ras ,FOR PIPELINE PURPOSES, IN THE CITY OF PALM DESERT R/W u: EumpM I COUNTY OF RIVERSIDE. STATE OF CALIFORNIA W.O. #: 34147-002 IFILE: Sempra Energy .aw. I JCL — — — — US HIGHWAY 1 1 1 i APPROVED BY: SOUTHERN CALIFORNIA GAS COMPANY GENERAL CONDITIONS FOR LINE EXTENSIONS These aie, the general conditions under which Southern California Gas Company ("The Gas Cornpam•") -,vill provide line extensions for Applicants. 1. COSTS A. Estimates and Duration. The enclosed Exhibit A estimate is valid for 90 days and may be revised alter that time if the installation of gas facilities for the Project has not begun. Once The Gas Company begins the installation, the estimated cost will remain in effect for 12 months. If at the end of the twelve months the work is not complete, The Gas Company reserves the right to calculate its costs for the work completed, less applicable allowances, and issue a new project and Line Extension Contract for the remaining installation work. If additional monies are due, Applicant agrees to pay them within 30 days after invoice. Applicant will be responsible for costs of engineering, planning, surveying, right of way acquisition and other associated costs. B. Allowances. Applicant(s) receiving allowances as an offset to the installation costs are responsible for these costs and may be billed subject to the following: line extension(s) where allowances have been granted to the Applicant based on future gas load(s) must have the gas meter(s) installed and turned on with bona fide load Nyithin six (6) months for main/main and service(s) installations and twelve (12) months for service(s) only installations. These time frames commence from the date The Gas Company completed the installation of gas facilities. Tf Applicant fails to comply, the Applicant will be billed for the difference between estimated allowances and authorized allowtinces, as described in Tariff Rules 20 and/or 21. "I7ze bill amount will include hncome Tax Component Contribution and Advances (ITCCA/CIAC) Tax. Applicant requested temporan service(s) are fully collectible. Refunds shall be made and calculated in accordance with Rule 22. C. Attornevs Fees and 011'set, If The Gas Company is required to bring an action to collect monies due or to enforce any other right or remedy, Applicant agrees that The Gas Company is entitled to recover its reasonable attorneys' fees and costs. "11ne Gas Company may withhold from any payments due Applicant any amounts Applicant owes The Gas Company. 11. INDEMNITY A. General. Applicant shall indemnify and hold The Gas Company harmless from and against all liability (excluding only Pre -Existing Environmental Liability) connected with or resulting from injury to or death of persons, including but not limited to employees of The Gas Company or Applicant, injury to property of The Gas Company, Applicant or a third party, or violation of local, state or federal laws or regulations (excluding environmental laws or regulations) (including attonicys' fees) arising out of the per6ori nance of this Contract, except only for liability to the extent it is caused by the negligence or willful misconduct of The Gas Company. B. Envirorunental. Applicant shall indemnity and hold The Oas Company harmless from and against any, and all liability (including attorneys' fees) arising out of or in any way connected with the violation or compliance with of any local, state, or federal environmental taw or regulation as a result of pre-existing conditions at the Project site, release or spill of any pre-existing hazardous materials or waste, or out of the management and foam 3905-D, Effective July 2092 Line L-xtemion Contract k',: 000DO110184- t bated: 02/20/2007 Page 2 of 4 disposal of any pre-existing contaminated soils or groundwater, hazardous or nonhazardous, removed from the ground as a result of The Gas Company's work performed ("Pre -Existing Environmental Liability"), including, but not limitul to, liability for the costs, expenses; and legal liability for environmental investigations, nnonitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and lines arising frornn the violation of any local, state, or federal law or regulation, attorneys' fees, disbursements, and other response costs. As between Applicant and The Gas Company, Applicant agrees to accept full responsibility for and bear alI costs associated with Pre -Existing Environmental Liability. Applicant agrees that 'Ihe Gas Company may stop work, terminate it, redesign the gas facilities to a different location, or tale other action reasonably necessary to complete its work without incurring any Pre -Existing Environmental I.Aability. L. Withhold Klahts. In addition to any other rights to withhold, The Gas Company may withhold from payments due Applicant such amounts as, in 'llle Gas Company's reasonable opinion, are necessary to provide security against all loss, damage, expense and liability covered by the foregoing indemnity provisions. I1I. W ARRANT Y The Gas Company requires that Applicant warrant all materials and workmansl-dp performed by Applicant (directly or through a contractor other than The Gas Company) shall be ftee of all defects and fit for their intended purpose. A one-year warranty on any materials and a two-year warranty on any installation work provided are required. If Applicant's work or materials fail to conform to the warranty, Applicant shall rcirnburse The Otis Company for the total cost of repair and/or replacement or The Gas Company may give Applicant the opportunity to fix within a reasonable time such defect(s). Such reimbursements are rion- refundable and the arnou nt of'such reimbursements may be withheld by The Gas Company and offset against refundable amounts owed Applicant. IV. TARIFF RULES I COMMISSION A. This I..ine Extension Contract ("Contract") consists of and incorporates by reference the line extension contract letter, Exhibits A, General Conditions and all of The Gas Company's applicable tariff schedules and riles as filed from time to time with the California Public Utilities Commission ("Commission"), including but not limited to, the Preliminary Statement and Rules 1, 2, 4, 9, 13, 20, 21 and 22. Copies of these riles may be obtained by visiting the SoCalGas' Internet site at www.socaluas.com or by requesting copies from your Gas Company representative. B. This contract is at all times subject to such changes or modifications as the Commission may direct from time to time in the exercise of its jurisdiction. C. No agent of The Gas Company has authority to make any terms or representations not contained in this Contract and the tariff schedules and Applicant hereby waives there and agrees neither The Gas Company nor Applicant shall be bound by them. V. JOINT AND SEVERAL LIABILITY W11cre two NATION parties are Applicants for a Project, The Gas Company shall direct all communications, bills and refunds to the designated Applicant, but all Applicants shall be jointly and severally liable to comply with all terms and conditions herein. Fonn .1905-1), LP%ctive July 2002 Line Intension Contract 0: 00000110184-1 Dan;d: 02/20/2007 Page 3 of'd V1. STUB EXTENSIONS Stub costs are refundable only to the extent the allowances generated by stub extensions exceed the main to meter installation casts, and only for ten years from the date of the stub installation. Refunds will be made �.vithout interest, and no refund will be made in excess of the amoLlrlt advanced. VII. AUTHORIZED SIGNATURE Ii'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. My signature below represents my agreement and acceptance of the Project continuation, Exhibit A and Southern California Gas Company's General Conditions For Line Extension. 1 acknowledge and agree that The Gas Company's cost and allowance estimates for this Project were based on information provided by me or my authorized representative. 1 further acknowledge and agree that my signature represents my/my company's agreement and understanding that subsequent changes in Project scope may affect the installation price and further, that if allowances have been granted, an additional contribution may be required if the future loads on which the allowances were based do not materialize. API)LICAN'f: PALM DESERT REDEVELOPMENT AGENCY BN (Authoriz ° Signature) Carlos L. Ortega (Print blame) Title - Executive Director Tate: Address: (Future bills, refunds, and correspondence will be mailed to the address given) PALM DESERT REDEVELOPMENT AGENCY 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 Telephone: 760-346-0611 Social Security or Federal Tax ID No. No. 95-2859459 Donn 3905-1), Etter -live Jul} 2002 I..ine Extension Contract?': 00000110184-1 Dated: 02/20/2007 Page 4 of a