SR-06-27-1978-6E3 - 512-004 / 414-001Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
JUN G Y W8
June 19, 1978
SUBJECT: Proposed Agreement with General Telephone Co. to Relocate
Certain Telephone Facilities within the Area of the Downtown
Shopping Center
Introduction
This report recommends that the City Manager be authorized to sign a
cooperation agreement to relocate certain Telephone Company utilities
in the downtown redevelopment project area.
Background
The Staff has requested the General Telephone Company to relocate their
existing facilities in the two alleys within the downtown redevelopment area.
The General Telephone Company has taken the same position as the Edison Co.
has taken, that is, they do not feel that it is the responsibility of the
Telephone Company to pay for the relocation of the facilities. It is the
City's position that it is the responsibility of each of the utility companies
to relocate their respective facilities. The attached agreement provides
that the General Telephone Company will immediately proceed to relocate
their facilities and that, if it is determined by the Court or by arbitration
that the City is responsible for paying for the relocation work, that the
City or the redevelopment agency will pay for the relocation work. The
estimated cost is $14,000.
Recommendation
It is recommended that the City Manager be authorized to approve the attached
agreement.
Prepared by: Stan Scholl
Attachment: Cooperation Agreement
M
j U N 2 7 1978
CONTRACT 3049(CCS)
COOPERATION AGREEMENT
(Relocation of Certain Utility Company Facilities)
SANTA MONICA DOWNTOWN REDEVELOPMENT PROJECT
THIS AGREEMENT, entered into as of this 27th day of
June , 1978, by and between the CITY OF SANTA MONICA,
CALIFORNIA, a municipal corporation (herein "City "), the
REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA, CALIFORNIA, a
public body, corporate and politic (herein "Agency "), and
GENERAL TELEPHONE COMPANY OF CALIFORNIA, a California corporation
(herein "Utility ").
Recitals
A. The City Council of City has, by Ordinance 1021(CCS)
on January 13, 1976 approved and adopted a certain redevelop-
ment plan (herein "Redevelopment Plan ") for a redevelopment
project in an area (herein "Project Area ") of the'City known as
THE DOWNTOWN REDEVELOPMENT PROJECT (herein "Project ").
B. The Agency is carrying out the Redevelopment Plan and
is undertaking certain activities necessary for the execution
and completion of the Project pursuant to the Redevelopment Plan.
C. Project execution activities from time to time may
involve the vacation of certain streets and alleys within the
Project Area, and the abandonment or relocation of certain of
Utility's facilities in those streets and alleys to certain
other improved streets within or adjacent to the Project Area.
l
D. The vacation of certain streets, alleys and public ways
within the Project Area will be done by the City upon request of
the Agency.
E. The parties hereto have not yet reached agreement as to
which shall ultimately bear the costs and expense of such reloca-
tion, and the City and Agency have requested that the work proceed
notwithstanding the lack of such agreement in order that the
execution of the.Project shall not be unduly delayed.
F. Utility is willing to perform certain relocation work
upon the agreements and conditions set forth in this Cooperation
Agreement.
NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE -AS FOLLOWS:
Agreements
1. The Agency may proceed with its execution pursuant: to
the Redevelopment Plan for the Project. The Agency may request
the City Council of the City to abandon and vacate certain streets,
alleys and public ways within the Project Area, pursuant to the
Redevelopment Plan, specifically and for the purposes of this
Agreement, those streets, alleys and public ways as shown on
Attachment No. 1, attached to and incorporated by reference as
part of this Cooperation Agreement.
2. Utility shall consult with the staff of the Agency, and
the Agency shall provide Utility with information.regarding the
Agency's plan for the redevelopment of the Project Area and its
proposed schedule. Utility shall review the plans of the Agency
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and shall prepare.any necessary plans showing any relocation of
Utility's facilities, together with an estimate of the reasonable
cost of such work, and shall submit such plans and estimate to
the Agency together with an estimate of the time required for
Utility to perform the work after notice to proceed is issued by
the Agency to Utility. The Agency shall review such plans and
shall notify the Utility of any comments for suggested changes.
3. From time to time as required by the Agency's execution
of the Redevelopment Plan for the Project Area, the parties hereto
may amend Attachment No. 1, subject to such terms.and conditions
as are mutually agreeable, to reflect changes in those streets,
alleys and public ways which the Agency will request the City
Council of City to abandon and vacate, and which will require
the abandonment and relocation of Utility's facilities.
4. It is understood that Utility shall, pursuant to all
of the provisions of this Agreement, perform all relocation and
abandonment work from the streets, alleys and public ways des-
ignated on Attachment No. 1 hereto, as required to enable the
Agency to implement the City's Redevelopment Plan for the Project
Area.
5. Utility shall commence and diligently perform its work ,
in such a manner as to minimize or avoid interference with con-
struction by the Agency or developers in.the Project and in
Accordance with applicable City and State regulations.
6. The failure of Utility to protest the closing of .streets,,,
alleys and public ways by the City Council or to request the
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reservation of public utility easements in said proceedings,
and the performance of work by Utility in relocating or abandon-
ing its said facilities in said streets, alleys and public ways
shall not be deemed a waiver by Utility of any right it may have
for compensation or reimbursement therefor, and Utility shall
have and retain the same rights and claims against the City or
Agency as it would have if Utility had refused to perform said
work until compelled to do so by court order or judgment and in
accordance with the terms thereof. The execution of this
Agreement by the City and Agency shall not be deemed an admission
by City, for itself or the Agency, that City or Agency is in any
way liable to Utility for such compensation or reimbursement.
Neither this Agreement nor the doing of any act pursuant to the
terms of this Agreement shall be deemed an admission or a waiver
of any right, claim or cause of action of any party hereto whether
heretofore or hereafter existing, nor a declaration against the
interest of any party. It is the express intenttof the parties
to enter into this Agreement solely.and only to effect the
immediate and timely relocation of Utility's facilities as afore-
said, while reserving for later resolution their dispute as to
liability for the cost thereof.
7. Should Utility be the prevailing party in any legal
action for the recovery of said cost and expense of relocation
of Utility's facilities, or any part thereof, Utility shall be
entitled to interest on said recovery at the legal rate commenc-
ing from and on the date of the commencement of relocation of
said facilities.
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ice{_
1.
reservation of public utility easements in said proceedings,
and the performance of work by Utility in relocating or abandon-
ing its said facilities in said streets, alleys and public ways
shall not be deemed a waiver by Utility of any right it may have
for compensation or reimbursement therefor, and Utility shall
have and retain the same rights and claims against the City or
Agency as it would have if Utility had refused to perform said
work until compelled to do so by court order or judgment and in
accordance with the terms thereof. The execution of this
Agreement by the City and Agency shall not be deemed an admission
by City, for itself or the Agency, that City or Agency is in any
way liable to Utility for such compensation or reimbursement.
Neither this Agreement nor the doing of any act pursuant to the
terms of this Agreement shall be deemed an admission or a waiver
of any right, claim or cause of action of any party hereto whether
heretofore or hereafter existing, nor a declaration against the
interest of any party. It is the express intenttof the parties
to enter into this Agreement solely.and only to effect the
immediate and timely relocation of Utility's facilities as afore-
said, while reserving for later resolution their dispute as to
liability for the cost thereof.
7. Should Utility be the prevailing party in any legal
action for the recovery of said cost and expense of relocation
of Utility's facilities, or any part thereof, Utility shall be
entitled to interest on said recovery at the legal rate commenc-
ing from and on the date of the commencement of relocation of
said facilities.
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8. Any legal action brought by either party hereto to
determine the liability for the cost of the work to be performed
by Utility under this Cooperation Agreement shall be filed within
12 months from the date of completion of the relocation of
Utility's facilities as aforesaid.
IN WITNESS WHEREOF, the parties hereto have entered into
this Cooperation Agreement as of the date first hereinabove
set forth.
APPROVED AS TO FORM:
CITY OF SANTA MONICA, a municipal
corporation
By
City Manager
Richard Knickerbocker „CITY„
City Attorney
REDEVELOPMENT AGENCY OF THE CITY OF
SANTA MONICA, CALIFORNIA
STA
Secretary
"AGENCY"
GENERAL TELEPHONE COMPANY OF CALIFORNIA,
a California corporation
By
"UTILITY"
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