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AgdaPkt 2012-04-23
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AgdaPkt 2012-04-23
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Last modified
7/2/2012 3:14:08 PM
Creation date
4/19/2012 5:48:38 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
4/23/2012
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6.1. G. - Page 13 <br /> instn�ments, in a form reasonably acceptable to PG&E, as may be reasonably necessary to <br /> eliminate this Agreement as an encumbrailce on the title to the Easement Area or airy larger parcel <br /> of property contaiiung tlie Easement Area. <br /> 9. Reserved Ri�hts. PG&E reserves the right to use the Easeinent Area for any and all <br /> purposes wluch will not unreasonably interfere with Grantee's facilities. Without limiting the <br /> generality of the foregoing: <br /> (a) PG&E reserves the right to make use the Easement Area for such purposes <br /> as it n�ay deem necessary or appropriate if, and whenever, in the interest of its service to its patrons <br /> or consumers or the public, it shall appear necessary or desirable to do so. <br /> (b) Grantee aclalowledges that PG&E may have previously granted, and may in <br /> the fi�ture grant, certain rights in and across the Easeinent Area to others, and the use of the word <br /> "grant" in tlus Agreeinent shall not be constnied as a warranty or covenant by PG&E that there are <br /> no such other rights. <br /> (c) Grantee shall not malce use of the Easement Area in any way which will <br /> endanger human health or the enviroiunent, create a nuisance or otherwise be incompatible with <br /> the use of the Easeinent Area or the larger parcel of property containing the Easeinent Area, by <br /> PG&E or others entitled to use such property. <br /> (d) Tlus grant is made subject to all applicable provisions of General Order <br /> No. 95 (Overhead Electric), General Order 112E (Gas) and General Order No. 128 (Underground <br /> Electric) of the CPUC, in like manner as though said provisions were set forth herein. <br /> 10. Goveriu7lental A�rovals. Tlus Agreement shall i7ot become effective, <br /> notwithstanding that it may have been executed and delivered by the parties, and Grantee shall not <br /> cominence constn�ction or other activities hereunder, unless and until the CPUC approves tlus <br /> Agreement and the easen�ents granted and other transactions contemplated hereby (including the <br /> adequacy of the compensation to be paid by Grantee), by an order which is final, ui7conditional and <br /> unappealable (including exhaustion of all administrative appeals or remedies before the CPUC). <br /> Grantee fi�rther acknowledges and agrees that PG&E makes no representation or warranty <br /> rega�ding the prospects for CPUC approval, and Grantee hereby waives all Claims against PG&E <br /> which may arise out of the need for such CPUC approval or the failure of the CPUC to grant such <br /> approval. This A�reemei7t is inade subject to all the provisions of such approval, as inore <br /> particularly set forth in CPUC Decisioi7 D- (Application No. ), in lilce inaniler as <br /> though said provisions were set forth in full herein. <br /> 11. Con��liance; liisurance. PG&E shall have a right to access and inspect the <br /> Easement Area at any time to confirm Grai7tee's compliance with Legal Requirements and the <br /> provisions of this Agreement. Prior to the Effective Date of this Agreement, Grantee shall procure, <br /> and thereafter Grantee shall carry and maii7tain in effect at all tiines during the tenil of the <br /> Agreement, with respect to the Easement Area and the use, occupancy and activities of Grantee <br /> and Grantee's Representatives on or about the Easement Area, the insurance specified in <br /> Exhibit C, attached hereto and made a part hereof by this reference, provided that PG&E reserves <br /> the right to review and modify from time to time the coverages and limits of coverage required <br /> ATTY/AGR/2012.046/BAIR TRIAL EASEMENT <br /> REV:04-18-12 VR <br /> Page 9 of 24 <br />
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