HomeMy WebLinkAboutC-1402 - Underground utilities for Lido IsleOctober 4, 1971
Pacific Telephone 6 Telegraph Company
1695 Crescent Avenue
suite 300
Pr.�-heim, CA 92601
Attention: ;r. V. R. Thompson
Right- of -:ay Supervisor
Attached is an executed copy for your files of the Lido
Isle Underground Utility System contract between the
Southern California Edison Company, Pacific Telephone
and Telegraph Cor4any and the City of Necrport Beach.
Laura Lagios
City Clerk
LL:Gwk
enc.
D
August 27, 1971
Pacific Telephone E Telegrapl- Company
1695 Crescent Avenue
Suite 300
Anaheim, CA 92801
Attention: Mr,. V. R. Thorpson
Right-of-Way Supervisor
Enclosed are original and two copies of an agreement between
the City of Ne�gort Beach, Southern California Edison Company
and Pacific Telephone E Telegraph CaTpany in connection with
Lido Isle Lhderground Utilities. Please sign all three copies
and send then. to Mr. William Corpton, Manager of the Newport
Beach office, Southern California Edison Company, 2071 San
Joaquin Hills Road, Newport Beach 92660 for execution and
return to my office. After execution by the Edison Company, a
signed copy will be sent to you.
The City Council of Newport Beads authorized subject agreement
on August 23, 1971 by the adoption of resolution No. 7520.
Laura Lagios
City Clerk
i cc: Mr. idilli.azi� Compton
Southern California Edison Company
Public Works Department
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enc.
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CITY OF NEWPORT BEACH
TO: FINANCE DIRECTOR
FROM: City Cleric
SUBJECT: Contract No. 1402
Description of Contract
CALIFORNIA
DATE October 4, 1971
Underground Utility System, Lido Isle
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
Authorized by Resolution No. 7520 , adopted on August 23, 1971
Effective date of Contract AunYst 23, 1971
Contract with Southern Califo±nia Edison Cr-=Qany and Pecific Telephone & Telegraph Co.
Address
Amount of Contract No money involved.
city Clerk ,
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AGREEMENT
C_
ORIGINAL
THIS AGREEMENT, made and entered into as of this..��2
day of 6t 1971, by and between the CITY OF NEWPORT
l
BEACH, a municipal corporation, SOUTHERN CALIFORNIA EDISON
COMPANY, a corporation (formerly Southern California Edison
Company, Ltd.), and THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY,
successor in interest to the SOUTHERN CALIFORNIA TELEPHONE
COMPANY, a corporation, (hereinafter sometimes referred to as
"the City," "Edison Company," and "Telephone Company," respec-
tively);
WITNESSETH:
WHEREAS, Telephone Company is occupying certain portions
of an underground conduit system owned by the City within that
certain territory in said City known as Tract No. 907, which said
tract includes "Lido Isle," with cables, conductors and appliances
for the furnishing of telephone service to residents of said tract,
installed, operated and maintained therein under leases from the
City dated as of the 27th day of October, 1930, the 3rd day of
February, 1941, the 3rd day of February, 1951, and the 17th day
of July, 1961; and
WHEREAS, Edison Company is occupying certain portions of
the said underground conduit system in the territory described,
with cables, conductors and appliances for the furnishing of
electrical service to residents of said tract, installed, operated
and maintained therein under the same said leases from the City
dated as of the 27th day of October, 1930, the 3rd day of
February, 1941, the 3rd day of February, 1951, and the 17th day
of July, 1961; and
WHEREAS, telephone service has been rendered by the
Telephone Company and electric service has been rendered by the
Edison Company to the residents of said tract through the use of
said underground conduit system, during the periods of said
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leases, the terms of which have now expired; and
WHEREAS, the use of said underground conduit system
by Telephone Company and Edison Company is necessary to a con-
tinuation of such service, and all parties desire the continua-
tion of such underground service to the residents of said tract;
follows:
NOW, THEREFORE, it is agreed between the parties as
1. The City hereby grants to Edison Company the right
for the period of ten (10) years from the date hereof to occupy,
use, enlarge and extend that portion of said underground conduit
system which may be available for electric service; to wit, all
manholes, conduits, laterals and ducts between all such manholes,
as the same is constructed, or is hereafter enlarged or extended
by the City, together with the right to install and use in said
underground conduit system manholes, conductors, transformers,
oil cut -outs and appurtenant equipment necessary in connection
with the furnishing of said electrical energy. The title to all
such manholes, conductors, transformers, oil cut -outs and ap-
purtenant equipment, together with any enlargements or extensions
of said underground conduit system installed by Edison Company
shall at all times be and remain in Edison Company, with the
right to remove the same upon the expiration or termination of
these leases or of any renewals or extensions thereof.
2. The City hereby grants to Telephone Company the
right for the period of ten (10) years from the date hereof to
use, occupy, enlarge and extend that portion of said underground
conduit system which may be available for telephone purposes;
to wit, certain manholes, lateral conduits and conduits or ducts
between all such manholes. Title to said cables, conductors
and appliances shall at all times be and remain in Telephone
Company, together with any enlargements or extensions of said
underground conduit system installed by said Telephone Company,
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with the right to remove the same on the expiration or termination
of these leases or of any renewals or extensions thereof.
3. Telephone Company and Edison Company will, upon
delivery of possession and upon occupation of said underground
conduit system by them, maintain and use the same as follows:
Said companies will, at their own expense, maintain
the respective wires, cables and applicances placed and /or used
by them in said underground conduit system for the furnishing
of their respective services to the public, and maintain and
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keep in repair the portion of said conduit system; to wit,
manholes, conduits or ducts, and lateral conduits, which each
company so uses. Each of said companies shall have the right
at all times to enter said conduit system for the purposes of
maintenance, repair and installation.
If any portion of said conduit system shall be destroyed
or damaged due to any negligent act or omission of Telephone
Company or Edison Company, the party causing such damage shall,
at its own cost and expense, repair and replace the same upon
written notification thereof by any of the other parties, or
failing so to do after a period of thirty (30) days after such
notification, any such party may make such repairs at the sole
cost and expense of the party so failing.
4. If, in connection with the occupancy, maintenance
and operation of said conduit system, any loss or damage shall
be suffered or any liability to third persons incurred by reason
of the joint or concurrent negligence of said companies, or by
a cause incapable of being ascertained, then all such loss,
damage or liability and all expense in connection therewith shall
be borne and paid by the said companies in equal proportions,
one -half by Telephone Company and one -half by Edison Company.
5, In consideration of the occupation of said under-
ground conduit system by said companies for the furnishing of
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1 their respective facilities to the public, the City agrees, in
2 the event of interference at any time with Edison Company's
3 and /or Telephone Company's use of said underground conduit system,
4 or any portion thereof, whether by legal or other action, actual
5 or threatened, or otherwise, that the consideration for the
6 latter's agreement to occupy and use said underground conduit
7 system shall have wholly failed, and Telephone Company and /or
8 Edison Company, as the case may be, may remove from said conduit
9 system any cables, conductors, transformers, oil cut -outs and
10 appurtenant appliances installed by them, together with any
11 enlargements or extensions of said conduit system installed by
Z2 them.
13 6. Anything to the contrary herein notwithstanding,
14 it is specifically understood and agreed by and between the
15 parties hereto that the City shall not be liable or responsible
16 for the repair, reconditioning, construction or reconstruction
17 of said underground conduit system, or any part or portion thereof,
18 except that the City shall be liable for such repairs, recondi-
19 tioning, construction, reconstruction, relocation and /or re-
20 arrangement as may be necessary on account of any negligent act
21 of the City or its agents or on account of regrading of streets
22 or the construction or installation of any other municipal im-
23 provement by the City or its agent.
24 7. This agreement and the terms and conditions hereof
25 shall inure to the benefit of and be binding upon the successors
26 and assigns of the parties hereto.
27 IN WITNESS WHEREOF, the City of Newport Beach, a
28 municipal corporation, has caused this instrument to be executed
28 on its behalf by its Mayor and attested by its City Clerk,
30 pursuant to authorization so to do duly had and obtained from
31 the City Council of said City, and Southern California Edison
32 Company and The Pacific Telephone and Telegraph Company,
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corporations, have caused the same to be executed for and on
behalf of each of them by their respective officers, thereunto
duly authorized, as of the day and year first hereinabove written.l,
APPROVED AS TO FORM:
_ e
Acting City Attorney
CITY OF NEWPORT BEACH
By: l.�• ��
Mayor
ATTEST:' -C '
City Clerk/ I
CITY
SOUTHERN CALIFORNIA EDISON COMPANY
By: �1
Title: MAiln cn
RIGHT OF R'Ay & LAND DEPT.
By:
Title:
EDISON COMPANY
THE PACIFIC TELEPHONE AND
TELEGRAPH COMPANY
Title:
By:
Title:
-5-
TELEPHONE COMPANY
DO'N dm
8/18/71
,� zC
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�Cu,i1^ IOU IX� . 7 5 0
A ,I aCZAM. M or 2'M CITY COUNCIL Cr Tffi CInV
::t VPORT ASAM AUTSCRIZIlIEi TH8 ZGF.CMION OF
W rAG9ZEr*X T1` WITH 3OUTFI= CALIFQ `RNXA MISUR
11 COW.MC'SICS vlii2i LIDO ISLE 'tJTS SRGPOtI«XLb
WILITIM
wgrMU, southern California Zaaon Cry r�sii The
Pacific Tolopl. -o se and Telegraph Company :na been randeriAg electric
service any tol"Opham service to residents SCR certain territADVI is-s
`ba City OE .Ilg+sport $bca'—' ":t I"tm—w`n as Tz: at MO. 907, u4nieh ;:;Tact. r.n-
elisde.% "Li ,e inlo," throu,:h the v-e ci to *rg--ouad c.sxY3ft4t
vysGC+�°ii. owns! Ors 9".h- I.-It y, tmm yr *'.'.dr{:ain .'CSi Leg Whi.tl hz?vs 1XM
i?" mvq, T:ll parGirs desire th* continuation of such
esvi pe. en-1 th.ra use of said. underevq=ne Gcn-ftit sf atc is n^GGssary
thernfrrt tzrd
N.M.RZAS a �a ac„reaerevit h n prean ntc f to tho City
Cm=il of the City of mart 3aach panoviding for the vao 23y
said uti.litiea compani" of said uaatanr-!rvand conduit system for
a period of ten years i3semn the date thereofo and the City Council
has c onaid*rad the tarsrs anc: *cowdi.tions of said ^grera nt anS
4ound them to be fair end ecmitable;
># . 'PM1WOR-S, BF IT (:V`-aD tsiat saiS a,jreemo,t
between! the City, Southern Calin?ornia Edison Company* and The
Pacific Telephone and Telegraph Company be approved, and the
I.aayor and City Clork are raut)iortr ed and directed to execute tim
a*--* on be alr rd the City Of Ott Veasch.
A'1 UOY TM3 this day of , 1971.
mayor
City UTOFFE
DO'N dm
8/18/71
i
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09kJ V�- 12S a�.o J
July 6, 1971
OA-) I (5
p,_7- '4 g'T ,IPA ;�.)
tor. Phil Bettencourt
Acting City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Dear Mr. Bettencourt:
The Pacific Telephone and Telegraph Company and Southern California Edison
Company use undergrornd conduit on Lido.Isle built by the-City of Newport
Beach under bond 1--sue.
The city's Resolution 5458 expires July 17, 1971, allowing us to use the
conduit. "tie would appreciate a new agreement with the city to permit the
use of the undergro:L.d utility system on Lido Isle for the next ten years.
if you have any questions, please call me collect on 714/774 -0077 in
Anaheim a:,d than'.•c you for your time in this matter.
Very truly yours,
Bry Marston,
Right of ;day Agent'
0
CITY OF NEWPORT BEACH
{ CALIFORNIA
79Z g'® 7
May 10, 1961
filar @;pry Schxoudurc City C1crk
Southern California Edinon Company
Huntington ?aach, California
Attention; Ralph C. Uver
Dictrict Y-nager
Csntlem --n i
Pursuant to the instructiom of the City Council on Play 8, 1961,
we havezndrawn the ahrcerwnt between the City of Newport :,each,
Southarn California Fldison Co=any, and The Pacific Telephone
and Tole drenh.Cc- -gang to vermir the us8 of the undergro=6
utility system on Lido Isle and vicinity for a new tem. of ten
ycara. finis agreement as redrawn is exactly like the agree-
j
mert of February 3, .1931, except that it recites the cutIztence
of tha 1951 agreement in addition to the 1941 agreement and the
1430 agreement.
We are enclosinr the original and fats copies of the propo&ed
new agreement, If this a -.ets with the epprotal of the Ldicon
Company, it is requested that the original ani three copie-3 be
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ex €icutad and transmitted to The Pacific Telephone and Tclegreph
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Company at 217 North Lemon Street, Anahcis', California, fcr its
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considaratton and execution. Upon the return of the original
and two copies to the City, we will submit it to Cho City
Council for approval and will execute it in triplicate.
I aaz st.nding a copy of this ?setter and a copy of the agrecrhsnt
to the Pacific Telephone and T.elerraph Cc+^peuy for its i f c late
cons idaration. If either Southern California Ediaon Cow .-,may or
The Pacific. Telephona and Telcgraph Cora :ny line any au;,gc6tiects
for cli :;n, ^,s in the contract, please indicate than to the uaie —
j
signed.
j
Very truly yours,
Walter ". Charamua
VVC :r.ec City A;a ornay
Ence.
cc - The Pacific Telephone and
Telc.grsph Co^ „zany
Attention: Herold D. Aiggs, Divic-ion Construction
and Enginoerinq Supertaterdont
%
Mr. Roburt Shelton, City Mr.nagcr
Mao
filar @;pry Schxoudurc City C1crk
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- SOUTI(F.RI\ CA).1roR\i L EDiSOr CONIPA \'Y
_ HUNTINGTE,.• BEACH. CALIFORNIA
'RALPH C. KISER
1 ..,........,.... May 24, 1961
i
-he Pacific Telephone and Telegraph Company
217 North Lemcn Street
Anaheim, California
Attention: Mr. Earold D. Riggs, Division Construction
and Engineer).ag Superintendent
Gentlemen:
• - We are enclosing the original and three copies of the
proposed new agreement between the City of Newport.
Beach, The Pacific Telephone and Telegraph Company, and
the Southern California Edison Company to permit the
_ use of the underground utility system on Lido Isle
• and vicinity for a new term of ten years.
This agreement has been executed on the part of our
• Company and we are transmitting it to you for further
execution in accordance with instructions received in
the letter from the City of Newport Reach dated
May 10, 1961. +-
Very truly yours,
Ralph C.'Kiser, Discr.ict Manager
RCK:imr
Enclosure -
cc: Mr. Robert Shelton
City Manager, Newport Beach
I
07
, ° CITY OF NEWPORT BEACH
m �l .i. nr!
n: •'fir CALIFORNIA
/H C ey Hall
c14vo.;,
. ORbls 5 -a,w
B
July 21, 1961
The Pacific Telephone and Telegraph Company
200 North Lemon Street
Anaheim, California
I
Attention: H. D. Riggs
Division Construction and Engineering Superintendent
Gentlemen:
The Council of the City of Newport Beach, on July '_7,
1961, adopted Resolution No. 5458, authorizing the
execution of an agreement with Southern California
Edison Company and The Pacific Telephone and Tele-
graph Company, concerning the use of the underground
conduit system on Lido Isle. An executed copy of said
resolution and a fully executed copy of subject agreement
are attached.
. I
Very truly yours,
r\ 4
-
Ma
rger}' Sc:.;aZuder ,
City Clerk
City of Newport Beach
.MS:,nv
Encs.
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l+ RLSOLUTION 140. 5158
2 i A KMOLU"JOS OF Tlils' CITY C(YTiCIL OF VIE CITY CP
I' t :[2F'GST i'_:< "Gii f+L:'!iC "Ii :I:ti(i Ti; FY.'_CUTIO:1 1 �/(
IM OP/
AGRLE�VNX MVI St" 2r; ' CfaLli O: ;Ja1 LDIS0!1 fIOAM E
AND ME PACIFIC TELLPHO.'Z. AND TELLG'"Pd CO'.12ANiy
a t
b. WMMEt,S, Southern California Edison Company mid The
6(, Pacific Telephone end Telc4raph Company ha%e been rendorin& electrL
7 service end telephone service to residents of certain territory iii .
g
the City of 1;wport.Beach "MOSM as Tract No. 007, which tract
91 1 includen "Lido lsle", through thn use of an underground conduit
i.0` system m-ned by the City, under cortuin leases which hava now
),I and
lr ! WffEtU, A5, a12 parties desire the; continuation of such �
t
13� service and the use of said uadergrouid conduit systemic necescar
therefor; taid
k;
15 VIIr:RUvS, an arrcement haA :teen presented to the City
16: Council of the City of N3wport.3each providing for the use by asie:
171 ut£1£tiew coarpnniea of said u:iiarground conduit system for a parioi ,.
ls! of ten yeare from the date theruof, and tha City Council ties con-
tc sidered the tesrm cud conditions of said egreezeat and found the
2n` to be fair end equit&bla,
21i A'OW, TH13PHu:IORE, BL IT RESOLM that said egrec-s-tant bet:re4
C.
22 j. the City, Southern California Edison Cos -pany, and The P..•scific Tele
2 1 phone end Telegraph Comany bo arproved, and the Myor and City C14
4 are authorlLod and directed to cxcruue the same on be -half of the
City of Ncvpmt .Beach.
=' ADOPTED thin 17th day of uly:
I� :yc�r
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�CPy ?iL MF rI
THIS.AG EEMad7, made and entered into as of this —b-i:
day of . b and between tha CITY OF tiMPOLCT REACH,
a nu.icipal corporation, firnt Party, SOUTHL'R.N CALIFOeRSIA EDI —COA
CO` .` iqY, a cor'poratioil (formerly Southern California Edison
Cnznany, Ltd.), Second Party, and THE PACIFIC TELtPHOIM A'0) TFLE-
GirJ.PFE COMPANY, auc,;essor in interest to thin SOITPii P; CALIFCaulA
TELEPiICM% COMPANY, a corporation, Third Party, (hereinafter some
tiwrta referred to e® "the City ", Edison Company ", and "Telephone
QG&ny ", respective? .v),
{{.M.MAS, Telephone Co:cpany. is. occupying certain portions .
of an uadergrctutd conduit system oumed by the City within that
certain territory in said City ictovn as Tract W. 907, which said
tract includes "Lino Isle ", with cables, conductors end appliances
for the furnishinq of telephone service to residents of said tract,
inxtelled, operated and maintained therein under Iceses fr3m the
City dated as of the 27th day of Oct-_Nber, 1930, the 3rd day of
Februrry,. 1941, and toe 3rd dry of Yebruary, 1951; and
W%Mp"S, Edison Co.'7any is occupying certain portions of
the enid underground conduit system in rite territory described,
with enbles, conductors and applisnece for the furnishing of
electrical servico to residents of said tract, inatnlled, operated
And miatained therein under the same- "id leases from the City
dated no of the 27th day of October, 19:0, the 3rd day of February,
1941, and the 3rd day of pebrnnry, 1951; and
W_rit%F.L'AS, telephono aervice has been rendered by tha
Telephone Company and electric service I. z been rendered by the
Edison Co=pany to the residenta of said :: ack through the uce of
avid t-ndarF;rouad candiAt Ryatas, dur..Met_e, the per:io" of said
laaaus, the tcrtas of which have now ahai;od; end
WilfiREAS, kite use of said uexiea -,:round conduit Lystcm
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by Tol.ophona Company and Edison Cai2pany is necessary to a con-
tinuation of ouch service, and all parties dosire tit. continua-
tion of such undergromnd service to the residonta of said tract;
N664, TIMREFOP.F, TiiIS ACRIiEMNT WIT:`l:SSEM:
1. The City harety groats Ole Edison Company the right
for the poriud of ten (10) years from the date hereof to occupy,
use, enlarge and extend that portion of said underground corduit
ayatem which may he available for electric oervice, to wit, all
iaanholes, conduits, laterala and ducts between all such caE1L�oies,:
as the oa;:,a is constructed, or is hereafter enl.xrged or ovtecded
by the City, together with the right to insts]l and use in ssid
underground conduit- system manholes, conductors, transform=s,
oli cut -outs and appurtenant equipment necessary in con v;ctioa
with the furnishing if saia'electrical energy. Thy title to all
such wnholoo, conductors, trans.iorzers, oil cut -outs rnd ap-
purtenant ocuipa+snt, together .with any enlarEoraanwta or escenaivas
of said underground conduit system "stalled by Edison.Coapany
shall at all timms be and remain in ilea Edison CmsWay, with
the right to remova the same upon the expiration or terctlnatloa
of these leases or of say renesls or exter. lions thereof.
The City hereby grants the Telephone Con,3any the.
right for thn period of ten (10) jiar, from the date hereof to
use, cw crg3y, enlsrga and e-XLend thac pn -. Lion of said uaLC.7uroucu
conduit sycteo which army be available or talephone purpas °-s,
to wit, ccrtei.n manholes, lateral cond.'.ts and conduits or ducts
between all such ranholes. The title :.cc said cables, conductort
and spplihnces shall rt all times bo a,A r='v;ln in tho Teic7hona
ConVany, topather with any enlargr-eeni or exton®ions of dsid
underground conduit syrtc+m installod 'z,; unid Telephone Coszp.ay,
with th:^ ri,;ht to .res.rnro the sacra on vd. .csnlrrtloh c)r ter..oirt-
tion of these lsaaoa or of any ranowalr. or oxtansioaa theroo €.
3. Telephone Company and F r ; pq OL-A any will, %Lpoa
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I' a
delivery of poaseasion and upon occupation of said undergro=.4
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2I conduit ayotem by them, maintain and uue the same as follows,
Said coa,aniee will, at their ocm expense, maintain
the respective wires, cables and appliances placed and /or unod
s� by thew in sold underground conduit 9yste-A for the Furnishing
6: of their respective services to the public, and meintnin ens
7; keep '.n repair the portion of satd conduit system, to wit,
8;
manholes, ccnduite or ducts, and lateral conduit,:, which each t
y; cou9nny so uses. Each of said cowparies shall have the right J
I; at all times to .enter said conduit synteo for the. purposes of ✓
10 '
11 : maintenance, repair and installation.
12 If any portion of said conduit'aystem shall be destroyed
13 or 4amaged due to any negligent act or omission of the Telephone
14! Company or Edison CoLVany, the party caueicg such daxege shall,
15 at its ova cost and expense, repair and replace the came upon
1.6 written notification thereof by any of the other parties, or,
17 failing so to do after a period of'thirty OD) days after such
15 I; notification, any such party may make suc`:t repslrs ar the sobs
1p!: cost and expenso of the party so failin!;.
20 i; 4.. [f, in conicetto:i vith the occupeat.cy, mintenance
and operation of said conduit system, any loss or daTage shall
. i
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2j be suffered or any liability to third persons incxrred by resroa
25 of the joint or concurrent negligence of said cazprnies, or by
4 1 a cause incapable of being accertained, ,_pen all such loss,
25I derago or liability and all e:gpcnac in connection thercuith: rhsll
i
::GI be borne and paid by the aeiu companies in equal proportions,
one -half by the Telephone Cov.�,any and one -- -half by the Edison
-q! CovTany.
•S. In conoidcration of the accupaticn of said undsr-
30 ground conduit eystem ly vain+ cornycunicQ £ .e the iurnlahin S of
�. tinoir respectiva faciliti" to tho publi,., the City sgrrwao in
the event of interforonce at anv timr_ with: F.diaon rcaunanv °a
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1� and /or Telephone Company's uce of said underground conduit sgstasa,
1
or any portion thereof, whether by legal or other action, actual
1' or threatened, or otherwise, that the coasidoxatioa for the
3I{'
I latter's anree�_nt to occupy and use said underground conduit
I;
5 system shell hnvo wholly failed, and Telephone Cocri,,anq a:ui /or
6 rdi6on Co ,any, as the case say be, may remove from said conduit
.1 eystem any c.bln6, conductors, transforsszrs, oil cut -outs and
r.
g appiutenant appliJnccs i:u=ta2led by theta, together with any
g enlargemanta or a :.te_:Aoas of said conduit aystea laatalled by f
10 then. i
11[ 6. Anythirng i:a the contrary harem notwithatead n ,
12 it is epeci£ically understood.ttzd agreed by and beuseeu Lila
13 parties t.c -reto that the City shall coot be liable or respoasible
14 for tics repair, reconditioning, construction or reconstruction
16 of said trider&round conduit system, cr any part or pertica th_seof,
16 except that the City shall be liable P£ar such repairs. recoadi -'
17 tianin&, construction, rtcoristruction, relocation. sad /nr rerarxan„a -,
1p r.*nt as may be necessary on account of any ,ar,llZeat act of the
? "° City or its agents or on account of regrhdiag of streets or the
201 construction or installation of any other caruicipal improveuz—at
21j by the City or its agent.
22i J.. Thi.0 agreement and the te.?-s and roaditio:w hereof
23 shall inure to the bn: efit of and be banJ'L)3 upon tine succosacre
24! and assigns of the parties hereto.
i
25 IN WITNESS l2IVMFIOP, thu City o;. `; srport Beach, s
2t ra,.unicipal cMoretiou, has caused this I-,. :zwsnt to be ozzecutc:t
271 on its bo,rslf by its 1-.ayor end rttd6tcd i;; its, City Cle;';t, puts u:t
2: to nut-horiuttioa so tc do duly had and eS anaad Laoa the City
Council of Liiid Ci:ty, end Southern CFIif.-... :xt LdLron Cock ewr cad
t•0 i The Pacific Telephora^ and Tola:,3rLr,4 Coa4n: ;. , curporotlax , iRs1b'd
tensed the aavr- to be e.%"uted for and :.,;half of Oesh of t`tre
l; by their reop"tive ^Mtera, therouato c:... eutho_ized, as of
u `
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9
the dap and ye&,r first herninabove Written.
EMU= TH TRIPLICATE.
CITY
By.
.70 r
'ATT? n .0,
Ap;)rovcd as to rents: rl9ST PALCY
13 R.,Zt7'. solm.irlzm
T
City i'ttax-afay
10 By
ii
FDIS(,'H COMPANY
ATTEST:
i2
I,-, Swan PA
14
VM PACIFIC TKILETHONE A-%D TFLEGRAr4
15 CQAXANY
16 A
Y-irzjLr
ATTEST:
s
ap THM PAPTY
2,
n
,. _. .. _ —.. .__... ..,- -..... �.._�._..... ... .. ..._ ,. .. ., —. _ � .._ is
4
RIGHT 017 WAY; Privato Property - Renewal of Agreement b.•tween
j the City of Newport Beach, Edison Company end The
Pacific Telephone and Telegraph Company
JUL 6 IMS1
File 300, 100
i
s 71fE PACIFIC TEL AND TEL. CO
-"MRH TO RIGHT OP W/,-
ATTENTION .,E' '
200 t.D. Csu"iv M,
i- AMMUM, CALL?
I
I
lYalt � t�Churnmza
City At� cy
{ City "Al
i Nev.. ort Beach, California
wear 'Nlr, Charamza: -
We ere returning three copies of en Agreement for occupancy of
• underground conduit owned by the City of Newport 3each. These
_ _ copies have been executed on behalf of the Edison Company emd
ourselves.
j
We will appreciate your sending, one fully executed copy to the
Edison Company and The Pacific Telephone and Telegraph
Company. _
i
Thank you for your cooperation in this matter.
iVery truly yours,
"i P. M. SMIT14
i C/y Division Construction and
Engineering Superintendent
J C Wme
Encl.
cc: Mr. hulph C. Kiser, Distr. Mpr.
southern California Edison Company
i flunt?.nyton i+each, California
August 23, 1971
TO: CITY COUNCIL /�l of CC)
FROM: Public Works Department
SUBJECT: LIDO ISLE UTILITIES
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and City Clerk to execute
an agreement with the Southern California Edison Company and the
Pacific Telephone and Telegraph Company providing for extension of
the use of a city - owned underground conduit system on Lido Isle and
in the Via Lido business district for a period of ten years.
DISCUSSION:
The underground conduit system for telephone, electric service, and street
lighting in Lido Isle and parts of the Lido business area was installed in 1929 under
the 1911 Act. The system belongs to the city. Since 1930 the Southern California
Edison Company and the Pacific Telephone and Telegraph Company have occupied and
maintained the conduit system under a series of ten year tri -party agreements, the
last of which expired July 17, 1971.
In 1961 the utility companies raised the possibility of the city conveying
the system to the companies without compensation. The city may convey the system under
procedures detailed in the Government Code. The facilities may be sold with or without
public bidding, but subject to the holding of a public hearing at which property owners
may protest and prevent the transaction.
Since two utilities and the city are using the system, conveyance to either or
both of the private utilities would require additional contractual arrangements to which
the city would be a party. The city has no compelling reason to own the system, but it
is conceivable that at some future date city ownership would be advantageous. The
tri -party agreements of the past have functioned satisfactorily without expense to the city.
The request was discussed by the city's Underground Utilities Coordinating
Committee at its meeting of August 2, 1971. The Committee recommended that the lease
be extended 10 years.
If the City Council wishes to review other alternatives, utility representatives
can be available at the study session or the evening meeting to discuss the matter.
Jo eph T. Devlin 75 /v
Public Works Director
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PLEASE R *_TURN"`
LAURA LAr;IOS, CITY CLERK
CITY C ! A'Fnki COACH
3300 P.EWtC,27 LC'' ✓'LVAR.D
NEWPO T BEACH, CALIF. 92660
AGREEMENT
ORIC iAL
THIS AGREEMENT, made and entered into as of this z3
day of ( �� , 1971, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, SOUTHERN CALIFORNIA EDISON
COMPANY, a corporation (formerly Southern California Edison
Company, Ltd,), and THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY,
successor in interest to the SOUTHERN CALIFORNIA TELEPHONE
COMPANY, a corporation, (hereinafter sometimes referred to as
"the City," "Edison Company," and "Telephone Company," respec-
tively) ;
WITNESSETH:
WHEREAS, Telephone Company is occupying certain portions
of an underground conduit system owned by the City within that
certain territory in said City known as Tract No. 907, which said
tract includes "Lido Isle," with cables, conductors and appliances
for the furnishing of telephone service to residents of said tract,
installed, operated and maintained therein under leases from the
City dated as of the 27th day of October, 1930, the 3rd day of
February, 1941, the 3rd day of February, 1951, and the 17th day
of July, 1961; and
WHEREAS, Edison Company is occupying certain portions ofl
the said underground conduit system in the territory described,
with cables, conductors and appliances for the furnishing of
electrical service to residents of said tract, installed, operated
and maintained therein under the same said leases from the City
dated as of the 27th day of October, 1930, the 3rd day of
February, 1941, the 3rd day of February, 1951, and the 17th day
of July, 1961; and
WHEREAS, telephone service has been rendered by the
Telephone Company and electric service has been rendered by the
Edison Company to the residents of said tract through the use of
said underground conduit system, during the periods of said
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leases, the terms of which have now expired; and
WHEREAS, the use of said underground conduit system
by Telephone Company and Edison Company is necessary to a con-
tinuation of such service, and all parties desire the continua-
511 tion of such underground service to the residents of said tract;
611 NOW, THEREFORE, it is agreed between the parties as
7 follows:
8 1. The City hereby grants to Edison Company the right
9 for the period of ten (10) years from the date hereof to occupy,
10 use, enlarge and extend that portion of said underground conduit
11 system which may be available for electric service; to wit, all
12 manholes, conduits, laterals and ducts between all such manholes,
13 as the same is constructed, or is hereafter enlarged or extended
14 by the City, together with the right to install and use in said
15 underground conduit system manholes, conductors, transformers,
16 oil cut -outs and appurtenant equipment necessary in connection
17 with the furnishing of said electrical energy. The title to all
18 such manholes, conductors, transformers, oil cut -outs and ap-
19 purtenant equipment, together with any enlargements or extensions
20 of said underground conduit system installed by Edison Company
92 shall at all times be and remain in Edison Company, with the
22 right to remove the same upon the expiration or termination of
23 these leases or of any renewals or extensions thereof.
24 2. The City hereby grants to Telephone Company the
25 right for the period of ten (10) years from the date hereof to
26 use, occupy, enlarge and extend that portion of said underground
87 conduit system which may be available for telephone purposes;
28 to wit, certain manholes, lateral conduits and conduits or ducts
29 between all such manholes. Title to said cables, conductors
30 and appliances shall at all times be and remain in Telephone
31 Company, together with any enlargements or extensions of said
32 underground conduit system installed by said Telephone Company,
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with the right to remove the same on the expiration or termination
of these leases or of any renewals or extensions thereof,
3. Telephone Company and Edison Company will, upon
delivery of possession and upon occupation of said underground
conduit system by them, maintain and use the same as follows:
Said companies will, at their own expense, maintain
the respective wires, cables and applicances placed and /or used
by them in said underground conduit system for the furnishing
of their respective services to the public, and maintain and
keep in repair the portion of said conduit system; to wit,
manholes, conduits or ducts, and lateral conduits, which each
company so uses. Each of said companies shall have the right
at all times to enter said conduit system for the purposes of
maintenance, repair and installation.
If any portion of said conduit system shall be destroyed
or damaged due to any negligent act or omission of Telephone
Company or Edison Company, the party causing such damage shall,
at its own cost and expense, repair and replace the same upon
written notification thereof by any of the other parties, or
failing so to do after a period of thirty (30) days after such
notification, any such party may make such repairs at the sole
cost and expense of the party so failing.
4. If, in connection with the occupancy, maintenance
and operation of said conduit system, any loss or damage shall
be suffered or any liability to third persons incurred by reason
of the joint or concurrent negligence of said companies, or by
a cause incapable of being ascertained, then all such loss,
damage or liability and all expense in connection therewith shall
be borne and paid by the said companies in equal proportions,
one -half by Telephone Company and one -half by Edison Company.
5. In consideration of the occupation of said under-
ground conduit system by said companies for the furnishing of
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their respective facilities to the public, the City agrees, in
the event of interference at any time with Edison Company's
and /or Telephone Company's use of said underground conduit system,
or any portion thereof, whether by legal or other action, actual
or threatened, or otherwise, that the consideration for the
latter's agreement to occupy and use said underground conduit
system shall have wholly failed, and Telephone Company and /or
Edison Company, as the case may be, may remove from said conduit
system any cables, conductors, transformers, oil cut -outs and
appurtenant appliances installed by them, together with any
enlargements or extensions of said conduit system installed by
them.
6. Anything to the contrary herein notwithstanding,
it is specifically understood and agreed by and between the
parties hereto that the City shall not be liable or responsible
for the repair, reconditioning, construction or reconstruction
of said underground conduit system, or any part or portion thereof
except that the City shall be liable for such repairs, recondi-
tioning, construction, reconstruction, relocation and /or re-
arrangement as may be necessary on account of any negligent act
of the City or its agents or on account of regrading of streets
or the construction or installation of any other municipal im-
provement by the City or its agent.
7. This agreement and the terms and conditions hereof
shall inure to the benefit of and be binding upon the successors
and assigns of the parties hereto.
IN WITNESS WHEREOF, the City of Newport Beach, a
municipal corporation, has caused this instrument to be executed
on its behalf by its Mayor and attested by its City Clerk,
pursuant to authorization so to do duly had and obtained from
the City Council of said City, and Southern California Edison
Company and The Pacific Telephone and Telegraph Company,
SC
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corporations, have caused the same to be executed for and on
behalf of each of them by their respective officers, thereunto
duly authorized, as of the day and year first hereinabove written.)
APPROVED AS TO FORM:
_ t
Acting City At orney
CITY OF NEWPORT BEACH
By: Z� e-
mayor Mayor
ATTEST:Cu.
City Cler)
CITY
SOUTHERN CALIFORNIA EDISON COMPANY
By:
Title: �JANd6Fp
RIGHT OF WAY & LAND DEW.
By:
Title:
EDISON COMPANY
THE PACIFIC TELEPHONE AND
TELEGRAPH COMPANY
/ / r
By: ` 11Z -C e � -.t `k -�
Title: V.
By:
Title.,
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TELEPHONE COMPANY
DO'N dm
9/18/71
16
October 4, 1971
Pacific Telephone & Telegraph Company
1695 Crescent Avenue
Suite 300
Pra:leim, CA 92801
Attention: Ir. V. R. Thompson
Right- of =. -ay Supervisor
Attached is an executed copy for your files of the Lido
Isle Underground Utility System contract between the
Southern California Edison Company, Pacific Telephone
and Telegraph Company and the City of Newport Beach.
Laura Lagios
City Clerk
LL:swk
enc.
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0
August 27, 1971
Pacific Telephone 6 TelegrapY Company
1695 Crescent Avenue
Suite 300
Mahe-Lm, CA 92801
Attention: Mr. V. R. Thompson
Right -of -Way Supervisor
4
T
Enclosed are original and two copies of an ag Bement between
the City of Newport Beach, Southern California Edison Company
and Pacific Telephone 8 Telegraph Company in connection with
Lido Isle Underground Utilities. Please sign all three copies
and send them. to Mr. William Compton, Manager of the Newport
Beach office, Southern California Edison CorrWrty, 2071 San
Joaquin Hills Road, Newport Beach 92660 for execution and
return to my office. After execution by the Edison Company, a
signed copy will be sent to you.
The City Council of Newport Beach authorized subject agreement
on August 23, 1971 by the adoption of resolution No. 7520.
Laura Lagios
city clerk
cc: Mr. William Compton
Southern California Edison Company
Public Wot s Department
LL:swk
enc.
0 0
CITY OF NEWPORT BEACH
CALIFORNIA
DATE October 4, 1971
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1402
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
Description of Contract Underground Utility System, Lido Isle
Authorized by Resolution No. 7520 , adopted on August 23, 1971
Effective date
of Contract
All- st 22, 1971
Contract with
Southern
Califc*Tlia Ecdson Ccrprany
and °ac:i.fic Telephone & Telegraph Co.
Address
Amount of Contract No money involved.
-city Clerk
zaC
�$ S w4thA Cuftrnia xUaon congaM w VW
Pacific Talwphwe and Telagito Cdt*ay hasw be" ttlleecis 3 slletttia
servies ate' tulegtaosee Service to XWL14w*x of aft *"A tsrritwy is
#lert City or SnWrt BE C'f know 88 T-
.aae; ft. 9�"j Whiab tiff* ia-
OlUdaae. Miff ZAL*# tIlrOUA tbQ VOO *f r!n MldNarg ;raee>oeal OQOftjj
aystam owned by the City, . uC eatr! rin leaues wbift baft now
ssipi ran 4 s and
N ' tll p i.ea3 the Martion Of sevef
s evv.i *e, SA4 the use of aeetld wkdwrqromf Oonadt. *"tam is neo"Sali
thereforl r.,nd.
%IUMW# es azgroomout h" beew* pxeate►ftad to .t: a City
Comail of the City of Ompewt Delaa'h pee riding for 'tbe v" by
said atilitio* cowfanifts of said undart3rov0d cowduit, $"to& sow
a pwiod of tea,yeaaca f&vm the data tbdaroof a" the -city CoMeil
MG 00aas440red %bas teraea sad ettwAitiaaa of said agrewmat and
Rand tlu t to ba lair avA equitablet
am, ' a s If =ohm that raid a+w"Movt
between tho City, swothern C*Iifo= is a limos , ee !tha .
Paeaf its %laro0" .a" Tolowapt company be e wdo 444 the
leW10C "a City Check ame autheriise d and ttiroatod to *xOcuta tbw
awe an beh"f of tha city at Owopovt r
37
this _,,.,.,,,__ stay Of , 1971.
DO'N am
,8/18/71'•