HomeMy WebLinkAboutAGENDA REPORT 1988 0706 CC REG ITEM 09AITEM
CABLE. RELOCATION AGREEMENT MOORPARK CA
This agreement entered into by and between US Sprint
Communications Company, a New York general partnership, hereinafter
referred to as SPRINT and the City of Moorpark, California, a municipal
i corporation, hereinafter referred to as CITY, hereby mutually agree upon
i- t h h- c i n ( i
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optic- communications cable within the Southern Pacific railroad right of
way through the CITY. The conditions are as follQw,3:
(A) During periods of construction and /or maintenance, no
materials or equipment may be stored along said railroad right
of way within the corporate limits of CITY.
(8) Construction within the corporate limits of
CITY shall commence
E no earlier than 7 :00 A.M. and most cease no
later than 6:00 P.M.
on Mondays through Saturdays inclusive with
no work on Sundays.
1 (C) If CITY proceeds with development plans under
the Moorpark
Downtown Plan and if said development plans
pose a hazard to the
integrity of SPRINT's fiber optic installation,
SPRINT agrees to
relocate said installation at SPRINT's sole
expense, within the
Southern Pacific Railroad right of way not
later than 180 days
after receipt of written notice from CITY.
Actual receipt by
SPRINT via registered or certified mail with
return receipt will
constitute notice.
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(d) No above ground structures of any kind are
to be built within
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611e CL)1 01-41. �' l lil1 b5 v 1 1.., a I I ci�_sc }:r a ✓• _ -
_ _ .. _ ..
(E) This agreement shall be governed by, and construed in accordance
witlj, the laws of the State of California.
The terms and conditions herein shall extend to and be binding
upon the heirs, executors, administrators, and personal representatives,
successors, assigns, lessees and agents of the parties hereto.
1N WITNESS WHERE-01F, this instrument is axecutQd t!-1145 day of
1988.
MOORPARK, r-ALIFOID JIA
City Council 11:ia-eting
--198-9- !!
By
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6
US SPRINT COMMUNICATIONS COMPANY
By _
.SUE WADE, VICE PRESIDENT - NETWORK PLANNING
{ CITY OF MOORPARK
By:
JOHN LANE, MAYOR
Lt- 111r-vllrti I G i- ii..i�iw�..rvv�.�L� tiCR1"'
STATE OF KANSAS )
sue.
COUNTY OF )
On before me; the undersigned, a Notary Public in
and for said State, personally appeared Sue Wade personally known to me or
proved to me on the basis of satisfactory evidence to be the person who
executed the within instrument as the Vice President of Network Planning
of the Corporation that executed the withiln instrument and acknowledged to
me that such corporation executed the within instrument pursuant to its
by -laws or a resolution of its board of directors.
t WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
STATE OF CALIFORNIA ?
ss.
COUNTY OF VENTURA )
On _ before me, the undersigned, a, Notary Public III
and for said State, personally appeared John Lane personally known to me
or proved to me on the basis of satisfactory evidence to be the person who
executed the within instrument as the Mayor of the City of Moorpark, a
Municipal Corporation that executed the within instrument and acknowledged
to me that such corporation executed the within instrument pursuant to its
by -laws or a resolution of its City Council.
WITNESS my hand and official seal.
i
Signature
I
CO AIR"
This agrLzenlant entered into by and between US Sprint „
t Communications company, a New York 90neraI partnership;
Lr
and th- e Ci=ty of Moorpark Cal!•fornia,
hereby agree upon the conditions as b
t forth herein for the placement VT their fibrtr optic
C o nrrnunications cable within the' Southern Pacific railroad right of
way through the city of Moorpark. the conditions are as follows: ^
t r�) DuY f rig curr�3Lr uc L ion ands, maintenarrcc per cods..- r•►o -�
l �!
materiai5 L,.,
stored alone said railroad right o1' way , tliin thencIty
l imi is of Moorpark,
(H) Gorl�truction rpr►ar&Pc commence no ear 1 ier than 7:00 A.M. and
must Cease n= later than bsC +U P.M. on Msondd'ys through
Saturdays inrlusive with no work on 6unday5.
Cam..
(C) In the event that the flaty- zed -Farr purchases
any part of said railroad property through Moorpark and
desires to construct a 1puilding or buildings on -5aid
Property, thy! 1mr- tq- aYCrrr►r -},amt must give tpa
,of the 120 days prior wr i ttert cWtice before the
commencement ui (tx�,dwc�t ion so as to a 1 1 o w v ,� . -
f" to relocate the cable if relocation of said
cable is required by Moorpark building inspectors to allow
the commencement of consLr (At -tiurr fur- Said building or
buildings at the expense of the party of the first part.
(D) No abr ve g,-ou-od strut turez oF a,)y kind are to bA tui 1 t
within the City of Moorpark.
The terms and condition-- hue u i r+ %h4l) ex tared to and be binding
uuvr; the heir , executors, admir1istr-atprJ�i, and personal
oF,- �,Cor,H3F ives a„r- rrya.Cnrc_ a,�ciInc, `pc%gnr and Ant+rrt4 Of the
parties hereto.
IN WITNESS WHEREOF, this instrument is executed this clay
of
-- �, Ls ., ,e.e aS t' o �c tt�
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US SPRINT COMMUN1CAT1ONS COMPANY
BY
' TER ' ' (��Y W�1F7K PLANNING
CITY Or MOORPARK
—
5TCV�i`P1Y
CORPORATE ACKNOWLEDGMEN�.T,,, (�
STATE OF _ ) u 1 S
COUNTY OF >tco) C
In Coun e day o f 1988, before me personall ar( -d erry J. Yake, Vice President of
US Sprint. Ccmmunicatinn zCompany, a Nu Yark general partnership, to
me known and known U e to be the art•r �e_ut.ing the foregoing
i►istrumpnt and
he •nowledged said instrum t by him executed to be
his free act ani deea anid the free act and dee of said U5 Sprint
Communicati1��� Company.
� -_ -- — Notary Public -- --
iif3FT3E3AL ACKNOWLEDGMENT'
Ck 17—
STATE OF ) CO- o V'Zk_C"
COUNTY OF
� � 1
On _ day of 19ee before, me, the undersigned,
a notary in and for said sta personally appe� red, Stove Kueny as
City Manager of Mpo'rpark California, and is por'sonaIIy known to me
(or proved to rno "on the basis of satisfactory 4videnc ?) to be the
person whosQ name i 5 GUbUL1 ibed to the wi thin 'Instrument.
e
A
N-,l t a y PV 1.) l(
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J
shall
indemnify, defend and hold harmless the La__n_d__i_ts^
officers, employees, servants and agents, from any claim, _
demand, damage, liability, loss, cost or expense, for any
damage whatsoever, including but not limited to, death or
injury to any person and injury to any property, proximately
resulting from any act or omission of or any
of its officers, employees, servants or ag nt§ in the
performance of this Agreement
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