78-005 - California Water Service CoForm No. 56
3/7/56
A G R E E M E N T
THIS AGREEMENT, made and entered into this 15�2 6) day of
19 ,, by and between the person or persons
listed in paragr /ph 1 hereof, hereinafter collectively referred to as the
"Applicant", and CALIFORNIA WATER SERVICE COMPANY, a corporation duly
organized and existing under and by virtue of the laws of the State of
California, hereinafter referred to as the "Utility",
W I T N E S S E T H:
WHEREAS, the Applicant is the owner of certain real property
situate, lying and being in the County of Santa Clara , State of
California;
WHEREAS, Utility is presently legally operating and maintaining
certain water facilities owned by Utility in an area in said County of
Santa Clara as more particularly shown on that certain map attached
hereto marked "Exhibit A" and by this reference made a part hereof, said
facilities being hereinafter referred to as the "Old Facilities";
WHEREAS, Applicant has requested Utility to undertake certain
construction work involving the relocating, removing or abandoning of the
Old Facilities and/or the installation of certain new water facilities, here-
inafter referred to as the "flew Facilities", all as more particularly set forth
on Exhibit A hereto;
WHEREAS, Utility is willing to accomplish such work upon the New
and Old Facilities, said facilities being hereinafter sometimes referred to
collectively as the "Total Facilities", provided that the reasonable actual
total installed cost of the same shall be borne by the Applicant as more
particularly set forth below;
Form No. 56
3/7/56
NOW, .THEREFORE, for and iri consideration of the premises and of
the mutual covenants, agreements, terns and provisions herein contained, it
is agreed as follows, to wit:
1. Applicant. The names, addresses and descriptions of the
person or persons, corporation or partnership herein collectively referred
to as the "Applicant" are as follows:
• Name Address Description
City of Cupertino 10300 Torre Avenue A Municipality
Cupertino, California 95014
2. Applicant's Deposit. The estimated reasonable total installed
cost of accomplishing such work upon the Total Facilities, hereinafter re-
ferred to as the "Estimated Cost", is $ 3,700.00 computed in the manner
set forth in Utility's preliminary cost estimate,
The Applicant has deposited with the Utility an amount equal to the Estimated
Cost, receipt whereof is hereby acknowledged by the Utility.
3. Installation of Facilities. The Utility agrees that it will,
as soon as necessary materials and labor are available and as soon as necessary
easements and rights of way in form satisfactory to Utility have been executed
by Applicant and delivered to Utility, commence and prosecute to completion
with all reasonable diligence the work upon the Total Facilities. The Utility
reserves the right to make such changes in design or materials as it may deem
necessary. If such change will result in a material increase in the Estimated
Cost, the Utility shall give written notice to the Applicant of the amount
of such cost increase. If within ten (10) days after the giving of such notice
of cost increase, the Applicant gives the Utility written notice to discontinue
such work upon the Total Facilities, the Utility shall discontinue the same
Form No. 56
3/7/56
and shall forthwith refund to the Applicant the unexpended portion, if any,
of the Applicant's deposit. If the Applicant does not give the Utility
written notice to discontinue such work within ten (10) days after such
notice of cost increase, the Utility shall proceed with such work, and the
Applicant shall deposit the amount of the cost increase with the Utility
upon demand. Upon completion of the work upon the Total Facilities, if the
reasonable actual total installed cost thereof is greater or less than the
total amount deposited by the Applicant hereunder, the difference shall
forthwith be paid by the Applicant to the Utility or refunded by the Utility
to the Applicant as the case may be. It is expressly agreed that there shall
be included in said reasonable actual total installed cost any sums which the
Utility is required to pay for materials used in such work upon the Total
Facilities by reason of retroactive price increases made applicable to such
materials by the suppliers thereof and the Applicant will, upon receipt of
written demand from the Utility, pay to the Utility the amount of any such
retroactive price increases to be held as part of the Applicant's deposit
as aforesaid. If Utility shall, in lieu of replacing the pipe or pipes
comprising a portion of the Old Facilities with a pipe or pipes of equal size,
replace such pipe or pipes with a pipe or pipes of larger size, then the
current difference in price to Utility between such smaller and larger pipe
shall be excluded from said reasonable actual total installed cost.
Subject to the provisions of this paragraph, no other refund will
be made to the Applicant for any sums deposited or to be deposited by the
Applicant with the Utility hereunder.
4. Applicant's Agreements. The Applicant agrees to use its best
efforts to assist the Utility to obtain any and all permits, franchises or other
governmental authorizations which may be required for the work upon the Total
Facilities or the subsequent operation and maintenance of the same. The
it
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3/7/56
Applicant further agrees to convey or cause to be conveyed to the Utility
any and all easements and rights of way which may be later determined to be
necessary or reasonably appropriate for the work upon the Total Facilities
or for the installation of the New Facilities or the subsequent operation
and maintenance of the same and the agreement of Applicant in this sentence
contained is hereby specifically declared to be in no way limited to those
easements and rights of way provided for in paragraph 3 hereof.
5. Ownership. The New Facilities to be installed hereunder and
all construction work in connection therewith as well as such of the Old
Facilities as are not abandoned in place by Utility shall be and remain at
all times the property of the Utility, and the Applicant shall have no right,
title or interest whatsoever in or to the same.
6. Construction Delay. The Utility shall not be responsible for
any delay in construction resulting from any cause beyond its control, includ-
ing, but without limiting the generality of the foregoing, any delay resulting
from inability to obtain sufficient proper materials and supplies, labor
disturbances or shortages, or weather conditions. In the event the Utility
is unable to obtain sufficient materials to meet all construction requirements
necessary to provide adequate service Lo all of its customers, it shall be
entitled to allocate materials obtained by it to such construction projects
as in its sole discretion it deems most important to service needs of its
customers, and any delay in the work upon the Total Facilities resulting from
any such allocation of materials by the Utility shall be deemed to be a cause
beyond its control and it shall not be responsible for such delay.
7. Notices. Any notice which it is herein provided may or shall
be given by either party to the other shall be deemed to have been duly given
when deposited in the United States mail, registered, postage prepaid and
addressed to the party to whom such notice is given at the following respective
4.
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addresses:
To the Applicant:
10300 Torre Avenue
Cupertino, California 95014
To the Utility:
1720 North First Street
San Jose, California 95112
Either party, by notice given as hereinbefore provided, may change
the address to which notice shall thereafter be addressed.
8. Nature of Obligation of Applicant. If more than one person is
named in paragraph 1 hereof, the obligations of the persons executing this
agreement as Applicant shall be joint and several obligations.
9. Successors and Assigns. This agreement shall inure to the
benefit of and shall bind the respective heirs, executors, administrators,
successors and assigns of the parties hereto.
10. Jurisdiction of the Public Utilities Commission. This agreement
shall at all times be subject to such changes or modifications by the Public
Utilities Commission of the State of California as said Commission may from
time to time direct in the exercise of its jurisdiction.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
in duplicate the day and year first above written.
CITY OF CUPERTINO CALIFORNIA WATER SERVICE COMPANY
By
. - C - By
Bp __ By
Applicant
Utility
5.
PRELIMINARY COST ESTIMATE
MAIN RELOCATION
LOS ALTOS SUBURBAN
Drawing No. LAS 1340
Main relocation in Tantau Avenue and the proposed Vallco Parkway.
52 feet of 12 inch main $3,700.00
Total Cost $3,700.00
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