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HomeMy WebLinkAbout1994-02-22 - AGENDA REPORTS - UNDERGROUND UTILITY ASMT DIST (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: AGENDA REPORT February 22, 1994 City Manag Item to be Anthony J. Nisich 62!2� V SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 94-1 Community Development This item is a public information meeting to consider comments regarding the proposed assessments. BACKGROUND In the Fall of 1990, an underground utility district was formed by Council to provide a mechanism for the removal of the overhead utilities along San Fernando Road from Lyons Avenue to a point 300 feet north of Magic Mountain Parkway, pursuant to the City Municipal Code, Chapter 13.32, Division 2, this area is established so that no new overhead facilities are installed and all existing overhead facilities will be converted to underground services. This project is a necessary part of this utility undergrounding along San Fernando Road from 12th Street to Placerita Creek in Newhall. The utility undergrounding Is comprised of two parts. The largest portion of the undergrounding Is In the public right-of-way and Is to be constructed using Rule 20A funds from Edison for this purpose in the amount of approximately $600,000. ThIsagenda item concernsfunding of the remaining portion which provides for the conversion from overhead to underground of individual private services to serve each parcel. Funding for this portion is the parcel owner's responsibility. Recognizing the financial hardship for parcel owners and the need for an assessment mechanism, the Council has taken the following actions. On September 25,1990, Council approved Resolution No. 90-159 which, in part, recommended that the City establish a policy whereby the City will pay up to 50 percent of the cost to private property owners. In addition, on January 11, 1994, Council approved Resolution No. 94-5 declaring the City's intention to create Underground Utility Assessment District No. 94-1 to provide authority I or the City and Edison to assist the property owners in the construction of their on-site undergrounding services and for the City to assess property owners for the remaining 50 percent of the cost. Since these costs are based on the number and accessibility of meters, the final cost will vary slightly from one property to the next. Final costs will be determined at the time of construction. 00004'0 1 Item: Continued /, J41 AGENDA - San Fernando Road Utility Underground District No. 94-1 February 22, 1994 - Page 2 To date, Phases 2, 3, 4, and 5 of San Fernando Road have completed assessment districts to fund utility undergrounding. Phase 1 Is the final phase of the construction project forwhich District 94-1 Is being formed. The scope of work for this district has not changed since 1990 and the funding remains as discussed above. Property Owner Responses: For District 94-1, the notice of hearing dated January 19, 1994, was the first contact with property owners from 12th Street to Placerita Creek since 1990. As of February 10, 1994, two letters have been received addressing concerns about the district in relation to five parcels. Both letters expressed that they were informed originally that land owners were not to be charged for undergrounding. Additionally, one letter stated that a public meeting was held in Fall 1993 where It was stated that there would be no cost to land owners. Funding for the utility undergrounding of private services on private property was always intended to be the property owners responsibility with the City contributing 50 percent of this cost. In addition, the only meeting in the Fall of 1993 was for District 93-1 (Phase 2). No mention of District 94-1 was made at that time. District 93-1 was not assessed against the owners since the owner is doing the work himself. Fiscal Impact The preliminary estimate for the on-site portion of the project is $228,620, of which 50 percent was budgeted as a contribution by the City. In Fiscal Year 1993-94, $380,000 was budgeted under Account No. 01-96038-227 for this project. On March 8, 1994, the public hearing will be held to consider formation of Utility Underground District 94-1 to approve the Engineer's Report. RECOMMENDATION 1. Conduct public information meeting, and continue item to the public hearing on March 8,1994. ATTACHMENTS Engineer's Report - January 11, 1994 BM:dIs caunciRdW94-1.bm PRELIMINARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94-1 George Pederson Mayor JoAnne Darcy Mayor Pro -Tem Councilmembers, Carl Boyer Jill 1Qajic Janice H. Heidt George A. Caravalho - City Manager Kenneth. Pulskamp - Assistant City Manager Donna M. Grindey, C.M.C. - City Clerk Lynn M. Harris - Director of Community DevelopmenuDeputy City Manager Anthony J, Nisich - City Engineer Jeffrey C. Kolin - Director of Public Works/Deputy City Manager Rick Putnam - Director of Parks, Recreation and Community Services Steve Stark - Director of Finance Professional Services Burke, Williams, Sorensen & Garr - Special Counsel Willdan Associates - Assessment Engineer I City of Santa Clarita PRELIMINARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94-1 TABLE OF CONTENTS Page(s) 1-2 INTRODUCTION 2-3 DESCRIPTION OF DISTRICT 4 Preliminary/Final Approvals 5 Certifications, 6 PLANS AND SPECIFICATIONS 7-8 DESCRIPTION/BOUNDARIES OF WORK 9-12 COSTESTIMATES 13 ASSESSMENT DIAGRAM 14-15 METHOD OF ASSESSMENT 16 RESOLUTION OF INTENTION ATTACHMENTS Exhibit "A" - Diagram Exhibit "B" - Legal Description Exhibit "C" - Assessment Roll Exhibit"D" - Agreement With Property Owner FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94-1 1. INTRODUCTION WHEREAS, on the I Ith. day of January, 1994, the City Council of the City of Santa Clarita (the "City") did, pursuant to the provisions of the Municipal Improvement Act of 1911, commencing with Section 5000, Division 7, Chapter I of the Streets and Highways Code of the State of California (the "Act"), as amended, and incorporating prior District proceedings completed pursuant to Santa Clarita Municipal Code Chapter 13.22, adopt its Resolution of Intention No. 94-5, for the financing and construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as SAN FERNANDO ROAD UTTLITY UNDERGROUND DISTRICT NO. 94-1 OF THE CITY OF SANTA CIARITA (hereinafter referred to as the or 'District"); and, To execute contracts between the City and each property owner in the District authorizing the utility undergrounding and concerning the contractual assessments (hereinafter referred to as "Assessments"). WHEREAS, the Resolution of Intention, as required by law, did direct the appointed Engineer of Work to make and file a Report, consisting of the following: 0 Plans and specifications; 0 General description of boundaries of work, appliances, rights-of-way, and other property interests, if any, to be acquired; 0 Cost Estimate; 0 Assessment Boundary/Diagram (the "Diagram") showing the District and the subdivisions of land contained therein; 0 A proposed asscissment of the costs and expenses of the improvements (hereinafter referred to as "Works of Improvement") levied upon the parcels and lots of land within the boundaries of the District;. 0 A draft contract specifying the terms and conditions that would be agreed to by a property owner within the contractual assessment area and the City; REV. 1/11/94 A statement of City policies concerning contractual assessments including all of the following: (i) Identification of the utility undergrounding to be financed through the use of contractural assessments. (ii) Identification of a City official authorized to enter into contractual assessments on behalf of the City. (iii) A maximum aggregate dollar amount of contractual assessments. (iv) A method for setting requests from property owners for *financing through contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount A plan for raising a capital amount required to pay for work performed pursuant to contractual assessments. For particulars, reference is made to the Resolution of Intention as previously adopted. NOW, TEEREFORE, I, Richard Kopecky, authorized representative of Willdan Associates, pursuant to the provisions of the Act, do herein submit the following: o Improvements to be provided within the District are generally described as follows: o Conversion of all existing overhead utility services directly served along San Fernando Road, to underground service. From 12th. Street, north to Placerita. Creek. o 1, pursuant to the provisions of the law and the Resolution of Intention, have assessed the costs and expenses of the works of improvement as constructed in place in the District upon the parcels of land in the District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars of identification of the parcels, reference is made to the Diagram. o A Diagram, attached as Exhibit "A", showing the District, as well as the lines and dimensions of each parcel of land within the District as they existed at the time of the passage of the Resolu don of Intention. o The legal description is included as Exhibit "B". o The subdivisions and parcels of land and their numbers shown on the Diagram correspond with the numbers appearing on the latest County Assessors Roll, which are reflected on Exhibit "C", Assessment Roll.. • The details of the draft contract are included herein as Exhibit "D". • The current total true value of land and improvements on the parcels listed in Exhibit "C" based on 1993 Assessor information is $7,000,000. • The parcels and assessments included herein do not include any prior unpaid special assessments. • The statement of City policies regarding contractual assessments is included in the method of assessment. REV. 1/11/94 o By virtue of authority contained in the Act, and by further direction and order of the City Council, I U hereby make the following assessment to cover the costs and expense of the Works of improvement for the District based on the costs and expenses as set forth herein. SUMMARY COST ESTIMATE (See Pages 9, through 12) Amount as Preliminary Changed Item Description Amount and Modifie Cost of Construction $ 197,800 $ Incidental Costs $ 30,820 $ Subtotal $ 228,620 $ City Contribution (50%) ($ 114,310 ( ) Amount to Assessment $ 114,310 $ For particulars of the individual assessments and their descriptions, reference is made to the Assessment Roll (see Exhibit "C"). All costs and expenses of the Works of Improvement have been assessed to all parcels of land within the District in a manner which is more clearly defined in the Method of Assessment. W=AN ASSOCIATES Richard Kopecky Assessment Engineer REV. 1/11/94 3 PRELMNARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94-1 Preliminary approval by the City Council of the City of Santa Clarita on the _ day of , 19_. Donna M. Grindey, C.M.C., City Clerk City of Santa Clarita FINALAPPROVAL Final approval by the City Council of the City of Santa CIarita on the — day of , lq�_. Donna M. Grindey, C.M.C., City Clerk City of Santa Clarita REV. 1/11194 4 (7) City of Santa Qlari CERTEFICATTONS 1, Donna M. Grindey, as City Clerk, do hereby certify that the foregoing assessment, together with the diagram attached thereto, was filed in my office on the — day of '19—. By: Donna M. Grindey, C.M.C. City Clerk City of Santa Clarita State of California 1, Donna M. Grindey, as City Clerk, do hereby certify that the foregoing assessment, together with the diagram attached thereto, was approved and confirmed in my office on the — day of , 19_. By: Donna M. Grindey, C.M.C. City Clerk City of Santa Clarita State of California I, Anthony I Nisich, City Engineer of said City, do hereby certify that the foregoing assessment, together with the diagram attached hereto, was recorded in my office on the -- day of —, 19—. REV. 1/11/94 5 By: Anthony 1. Nisich City Engineer City of Santa Clarita State of California City of Santa Clariia' PRELI]YUNARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94-1 III. PLANS AND SPECIFICATIONS The plans and specifications for the improvements for this Utility Underground District are volurninous and are not bound in this report but by this reference are incorporated as if attached to and made a part of this Repom At the time of construction, the plans and specifications will be on file in the office of the City Engineer where they will be available for inspection. C) REV. 1/11/94 City of Santa Clarita PRELVAINARY C -D, REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94-1 IV. DESCRIPTIONIBOUNDARIES OF WORK Furnish, install, complete in place and energize all electrical, telephone and cable television materials necessary to convert existing overhead services to underground services at the following locations along San Fernando Road from 12th. Street, north to Placerita Creek. 0 Five (5) Billboards owned by Patrick Medi Located on the east side of San Fernando Road Numbers 1127, 1128, 1130, 1131 and 1132. Note: Numbers 1131 and 1132 share one meter. 0 East Side of San Fernando Road 24930 24880 24860 24848 24746 24666 West Side of San Fernando Road 24663 24665 24707 24715 24717 24719 24725 24727 24733 24743 24747 24811 24825 24827 24829 24879 24903 24911 0 G. Vallens Landscape REV. 1/11/94 7 City of Santa Clarita Service address continu 24933 24953 24981 25005 Only services directly connected to utility poles within San Fernando Roads right-of-way and/or affected by the road construction project will be converted. Secondary poles and lights emanating from meters on the property will not be converted at this time. Southern California Edison will underground their equipment up to a point directly adjacent to or below the affected service connection. The City and/or property owner will be responsible for making the final connection of their exi9ting service to Edison�s point of termination. Exemptions The following overhead utility facilities will be exempted from the underground requirements of this district. o So. Cal. Edison, 16KV crossing of San Fernando Road at 12th Street. o So. Cal. Edison, 16KV crossing of San Fernando Road at 15th Street o The privately owned poles and overhead wires at the trailer park located at 24833 San Fernando road. All structures associated with these crossings, including span guys, down guys and related hardware as well as any and all surface mounted switches shall also be exempted from the district. REV. 1/11/94 WITT-MMIRWI am PRELMNARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94-1 V. COST ESTMATES - ACQUISMON WORKS OF UYIPROVEMENT PUBLIC WORKS OF 6APROVEMENT Estimated Estimated Unit Construction Item Description Quantily Price Amount Furnish, install, complete in place and energize all electrical, telephone and cable television materials necessary to convert existing overhead services to underground services as specified on the plans and in these specifications located at: Billboard no. 1127 1 LS $3,000 1128 1 LS 3,000 1130 1 LS 3,000 1131/1132 1 LS 3,000 24930 1 LS 4,000 24880 1 LS 4,000 24860 1 LS 4,000 24848 1 LS 4,000 24746 1 LS 4,000 24666 1 LS 4,000 24663 1 LS 4,000 24665 1 LS 4,000 24707 1 LS 4,000 24715 1 LS 4,000 24717 1 LS 4.000 24719 1 LS 4,000 24725 1 LS 4,000 24727 1 LS 4,000 24733 1 LS 4,000 24743 1 LS 4,000 24747 1 LS 4,000 24811 7 LS 28,000 24825 7 LS 28,000 24827 1 LS 4,000 M REV. 1/11/94 Cily of Santa Clarita Note: The construction amounts included herein include all necessary conduit, trenching, and connection work necessary to convert the existing overhead electrical service connection at the meter to the underground system supplied by Southern California Edison. All cable work will be handled by the individual utilities. Television and telephone conversions will be handled by their respective companies. REV. 1/11/94 10 Estimated Estimated Unit Construction Item Description Quantity Ed= Amount 24829 San Fernando Road I LS 4,000 24879 LS 4,000 24903 LS 4,000 24911 LS 4,000 no address LS 4,000 24933 LS 4,000 24953 LS 4,000 24981 1 LS 4,000 25005 1 LS 4.000 Subtotal $176,000 12% Contingency 21,800 Total 197,800 Note: The construction amounts included herein include all necessary conduit, trenching, and connection work necessary to convert the existing overhead electrical service connection at the meter to the underground system supplied by Southern California Edison. All cable work will be handled by the individual utilities. Television and telephone conversions will be handled by their respective companies. REV. 1/11/94 10 0 0 PRELMNARY REPORT OF ENGINEER FOR MY OF SANTA CLARITA SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94-1 COSTESTIMATES GENERAL,IPROJECT INCIDENTAL EXPENSES Item Description Assessment Engineering * Engineers Report * Diagram Design Engineering 0 Plans and Specifications District Administration (City) • Legal Counsel • Maiags, and Recordings Subtotal 15% Contingency TOTAL REV. 1/11/94 11 City of Santa Clarita Amount as Preliminary Changed Amount and Modified $11,800 =1 I I go $30,820 PRELDAINARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94-1 COST ESTIMATES SUN54ARY OF COSTS AND AMOUNT TO ASSESSMENT Item Description Construction Total Incidentals Subtotal Incidentals/Consmiction City Contribution (50%) Amount to Assessment REV. 1/11/94 12 Preliminary Amoun $197,800 30,820 $228,620 $ dLt4j�10 $114,310 City of Santa Clarita Amount as Changed and Modifie 0 PRELDAINARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UTILMUNDERGROUND DISTRICT NO. 94-1 ASSESSMENT DIAGRAM The Assessment Diagram is shown in a reduced scale format as Exhibit "A". REV. 1/11/94 13 Cily of Santa Clarita RUMIT11 W . �02 9J 4 �Iv . SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94-1 METHOD OF ASSESSMENT In finding that the public necessity, health, safety or welfare require the undergrounding of utilities along San Fernando Road, and as part of the widening of San Fernando Road, all overhead utilities are being removed. In conjunction with this conversion, all existing overhead services to businesses or billboards that are affected will also be undergrounded. The Municipal Improvement Act of 1911 provides that the costs and incidental expenses of a project be assessed in proportion to the estimated "benefit" received by each of the lots or parcels of land within the assessment district. The Act, however, does not provide a specific benefit formula, hence that determination is made by the Assessment Engineer for consideration by the legislative body. The formula used should be one that reflects benefit received by each parcel and results in the most equitable proration of the costs to each of the lots or parcels within the assessment districL Figures used to determine the cost of improvements were obtained from the engineer of work and reflect estimated costs at the time of the preparation of the plans. The assessment engineer then reviewed the estimated costs for completeness and eligibility under the 1911 Act proceedings. In making the analysis, it as necessary to identify the benefits that the improvements render to the properties within the boundaries of the Assessment District and to determine that the properties receive a direct and special benefit distinguished from that of the general public. It was determined that the improvements were a specific and direct benefit to each property involved. For each business/billboard that is converted, this benefit is in the visual and safety improvements received from the removal of all overhead utility lines. All costs relating to a specific onsite conversion plus the proportionate share of construction engineering and assessment engineering costs will be covered 50% by the City with the remaining 50% assessed to the specific property. In the case of a property with one owner but multiple connections, all connection fees will be totaled together with one assessment placed on the property. Should the property owner elect to perform his own work on-site, an executed agreement will be entered into between the City and owner with the City holding the rights to perform the conversions should the owner fail to comply, Final assessments will be adjusted to reflect the final construction amounts and take into account any work done by private parties. The underground improvements and subsequent assessments are further detailed in the "Agreement with Property Owner for Conversion of Overhead Facilities to Underground". See Exhibit "D" for a draft sample. This report and agreement, along with the following statement regarding City policies concerning contractual assessments, further details the method of collection of the assessments. REV. 1/11/94 14 The City Manager of the City of Santa Clarita is hereby given as the City official authorized to enter into contractual assessments on behalf of the City. The maximum aggregate dollar amount of the assessments will be $114,3 10. Any requests for additional conversion work will be denied as this project covers all possible work needed to convert existing services. The funds to convert the overhead utilities will be advanced from the City of Santa Clarita Community Development budget and such conversion is in addition to the existing Los -Angeles County, San Fernando Road widening project. 'nere is no provision for a reserve fund. All assessments resulting from this District will be due and payable by cashier's check within 30 days from the date of recording of the notice of the property liens. If payment is not received by the City treasurer within such 30 day period, an interest charge of 5% per annurn compounded monthly based on the unpaid balance will accrue until such time as payment is rece ' ived. All fees for the financing, administration, and collection process are included in the original assessment and have been apportioned. For a breakdown of the individual assessments, see Exhibit "C". REV. 1/11/94 15 City of Santa Clarita RESOLUTION OF INTENTION The Resolution of Intention as heard on January 11, 1994 follows: 1/11/94 16 r - IJ 0 1/11/94 EXHIBIT "A" DIAGRAM The Diagram is included herein in reduced form. Cltygf Santa Clarita' EXHIBIT "B" LEGAL DESCRIPTION Reference is made to the legal description being too bulky in form to be included in this document. Such information is on file with the City of Santa Clarita. 0 1/11/94 K71MMOT17704 Burt and Dorothy Zook James and Joyce Harding 24953 San Fernando Rd. Newhall, CA 91321 R and C enterprises 24933 San Fernando Rd. Newhall, CA 91321 Larry frank 512 Island View Cir. Port Hueneme, CA 93041 Shirley Andrews Delores Huntsinger 24924 N. Walnut St. Newhall, CA 91321 Terrill Malam PO Box 281 Newhall, CA 91322 Dalsukhbahi and Nuyana Patel 1574 Martin Luther King Bl. Los Angeles, CA 90062 Donald and Denise Cruikshank 24933 San Fernando Rd. Newhall, CA 91321 1/11/94 EXHIBIT "C" REPORT OF ENGINEER FOR CITY OF SANTA CLARITA .SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94-1 Assessor San Fernando Rd. Parcel Service Numbe Address 2855-012-030 24953 Preliminary Assessment $2618.81 2855-012-027 24933 $2618.81 2855-012-031 2855-012-034 2855-012-022 G. Vallens $2618.81 Landscaping 2855-012-023 24911 $2618.81 2855-012-040 24903 $2618.81 2855-012-036 25005 $2618.81 2855-012-037 24981 $2618.81 2855-016-029 24733 $2618.82 2855-016-038 24743 $2618.82 City Qf Santa Clarita' Assessor Parcel Service Preliminary Owne s Name and Address Numbe Address Assessment Laurence and Lillian Miller 2855-013-044 24811 (7 services) $18,331.67 13336 Debby St. 24825 (7 services) $18,331.67 Van Nuys, CA 91401 24827 $2618.81 $2618.81 Silverio and Marie Spigno 2855-013-054 24879 $2618.82 27722 Sutters Pointe Dr. Saugus, CA 91350 Harry and Barbara Bell 2855-016-024 24715 $2618.82 24330 Arcadia St. 2855-016-025 24717 $2618.82 Newhall, Ca 91321 24719 $2618.82 24725 $2618.82 2855-016-026 24727 $2618.82 B B and D Investment Co. 2855-016-035 24707 $2618.82 24707 San Fernando Rd. Newhall, CA 91321 2831-002-039 24663 $2618.82 2831-002-040 24665 $2618.82 Stefan Bostanian 2855-016-037 24747 $2618.82 21339 Saticoy St. Canoga Park, CA 91304 Metropolitan Transit Authority 2834-001-801 24930 $2618.82 P.O. Box 194 - 24880 $2618.82 Los Angeles, CA 90053 2834-001-802 24860 $2618.82 24848 $2618.82 2834-001-803 24746 $2618.82 24666 $2618.82 5 Billboards $6938.61 Note: This amount is based on a City contractor performing the work. Should the property owner do the required conversion, the actual assessments will be reduced accordingly. 0 1/11/94 EXHIBIT "D" AGREEMENT WITH PROPERTY OWNER FOR CONVERSION OF OVERHEAD FACILITIES TO UNDERGROUND A copy of the Contractual Agreement is included herein. 1/11/94 BURKE, WILLIAMS, SORENSEN & GAAR DRAFT NO. 1, OCTOBER 25, 1993 FOR DISCUSSION PURPOSF_� ONrL�, AGR.EE.NIF-NT WIT11 PROPERTYONVINTR FOR CONVERSION OF OVER11EAD FACILITIES TO UNDERGROUND 7-11S AGREFI�iEN7 is made this — day of 1 19_ by and between CON�WER*) and CITYOF SANTA CLARITA, a gencral law city and municipal corporation duly organized and existing under the laws of the State of California (-CITY-). emb4*1404; WHEREAS, CITY desires to convert overhead utility facilities to underground utility facilities within a certain are-, subject to its jurisdiction, more particularly described as a portion of San Fernando Road between Maric Mountain Park -way and Lyons Avenue ("DIS FRICT"), as shown on the map.)f the DISTRICT i;:. Exhibit "A" attached hereto and incorporated herein by reference. WHEREAS, CITY will proceed to accomplish this conversion under the Improvement Act of 1911 (commencing with Section 50M, Division 7, Chapter 1, of the California sLr=,,s and Hlighways Code) ("ACT"). z NVIEEREAS, CITY has requested Southern California Edison Corporation ("=ITY") to convert UTILrrY's overhead facilities pursuant to U7MITY'S Rule. 20, a current copy ofAhich is attached hereto and inocrporated herein as Exhibit "B". W11EREAS, OWNER is the owner of czrtain real property more particularly described - on Exhibit 'C" attached hereto and incorporated herein by reference ('PROPERTYR). NOW, THEREFORE, the pardes hereby agree as follows: 1. . Proc,-edin-s. P:ior to the commencement of any work: . [a. OWNER, currently served by the overhead fazilities to be replaced in the DISTRIC17,agr,eestopay (S (*ASSESSMEI�T') as his/her share of the costs of, and to provide and,.-ansf-.,- ownership to UTILITY of, the underground Supporting structure widiin involved public ways and other utMty rights-of-way ("PROMC`��). The ASSESSI�= shan be due 2-nd pa.�able to the City Treasurer by cashier's check within thirry (30) days from the date of _�X'726MA recording the Notice or the ASSESSMENT. If payment is not received within such thiny (30) day period, the ASSESSNMN7 shall Lhcncaf��accrue an interest charge of five pw--rc'cnt (5 %) per annum ofimpounded monthly; and] b. The ASSESSMEN7 and the interest thereon shall constitute a lien against th�. Prorcrty u: -,-.ii it is paid pursuant to Section 5898.30 Of the ACT; and C. OWNER agrees to providc and maintain the underground supporting sLructure on the PROPERTY and not within involved public ways and-oLher utility rights-of-waN and d. CITY sha arrange for the concur -rent removal of all other aerial distribution facilities in the DISTRICT; and C. CITY shall do all things under the ACT and other laws required to establish the validity of this Agreement and CITY's authority and ability to perform it, E (2. Riolit of Entry. (a) Concurrently herewith, OWNER has executed an agreement entitled "Perm;ssion to Enter and Authorization to Perform Work� by which OWNER cons�cnu to enLry by CITY, UTILITY and their employecs, agents, and subcontractors for the purpose of complediig the PROJECT. By such consent OWNER agrees to take all steps necessary to prevent any delay or interference by any tenant or other persons with the PROJECT auLhori� by this Agreement; (b) should CITY b-- required to enter the Property for the purpose of (i) completing the Project or (ii) completing the work to be performed pursuant to Section 3 hereof, OWNER shall indemnify CITY, its officers, directors, employ=s and agents for, and hold them harmless against, any loss, liability or erpense anising out of or in connection with CITY's performance under this Agreement (except any loss, liability or expense- as may be the result of CITY's gross negligence or willful misconduct), including the cost and expense (including it=s counsel's fecs) of defending i=lf against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement.] [3. Work to be Performed. OWNER shall install, or cause to be installed, the -underground supporting structure on the PROPERTY n=sary for UTILITY's facilities being 0 undergrounded. CITY shall funtish and supply plans and specifications for each installation. CITY shall give UTILITY seventy-two (72) hours prior notice of the commrnc--ment of such installation work- However, there shall be no contractual relationship between UTILITY and any of OWNER's contractors.] (4. NoJc,- of Com2lttjon. Transfer of Tide, Installation of Cab] . When the construction of the PROJECT is completed and that system has been accepted by UTILITY and confirmed by CITY, CITY shall give UTILITY a wnttan Notice of Completion of that structure, and CITY shall file said Notice with the Los Angeles County Recorder. Thereupon, title to the underground supporting structure %within involved public ways and other utility rights -of -w -ay shall vest in Y, shall constitute a part of UTILITY's communication system, and shall thereafter 'D -- u scd, operated and maintained by UTILITY as part of its system. OWNER will affi--m such vesti r, c by a bill of sale. Widdri t --n (10) business days of the recording of the Notice, UTILITY s�,Zil �Y-726MA commence installation of the cable and will substantially complete such installation and removal of the overhead facilities within one hundred eighty (180) calendar days Of the recording Of that Notice, excluding delays caused by shortages of labor or materials, strikes, labor disturbances, wars, riots, weather conditions, government rule, regulation or order, or any other cause or condition beyond UTILITY's reasonable conLrol. UTILITY shall coordinate iLs workwiLh Lhat work- to be done by OIA",;—r_R.] 5. Abandonmen . This Agreement is subject to CITY's power to abandon the proceedings at any dine prior to the effect.ive date of this Agreement.- Except for the fumishings ortheplans, UTILITY need not perform the PROJFCTbcforc thccff=dvc date of this Agreemcnt. Should the proceedings be partially or wholly abandoned at any time, CITY shall r-.-imbur' UTILITY fOr ks costs of preparing plans and specifications for die abandoned installation. 6. Eff�ctive Dat . The effective date shall be the datr- the work islawfully ordcred by CITY under the ACT. This Agrecriient shall be null and void if the effecdve date docs not occur prior to 7. Modification by thf, Commission. This Agreement sball at all times be subjrct to such changes or modifications as the California Public UdEdes Commission may direct in the exercise of its jurisdiction upon the written approval of the parLi,,t.s hereto. 8. Notice . Any notice hereunder shall be deemed to have been given if and when sent by registered or certified mail, rerum receipt requested, as follows: a. To OWNER, addressed to: . b. To CITY OF SANTA CLARITA, addressed to: CITY OF SANTA CLARITA City Clerk 23920 Valencia Boulevard, Suite 300 Santa Clarita, Califomia 91355 L A Y-1 -,=.1 -3- C) % 9. Successors and Ass=. This Agreement shall inure to the benefit of and be binding upon e-ach of the parties and Lheir successors and assigns. (7) (D LI,X726M.1 [SEAL] ATTEST: LAX7,26M.1 CITY CLFRK . CITY OF SANTA CLARITA, CALIFORNIA By Ti STATE OF C-kLrFOR-NIA ) ss. COUN7Y OF LOS ANGELES On 19_ before me, the undersigned, a Notaj-� Public in and for said State, personally ar.;,zarod , rr:rsonally known to me (or proved to me on the basis of satisfactory evidencc) to be the person(s) whose name(s) is/arr subscribed to the within instrument and aclmowledged to me that executed it. WITNESS my hand and official seal, (SEAL) 0 LI�X-'726X.I No=y Public in and for said State