HomeMy WebLinkAboutPacific Gas & Electric (PG&E) 2023-08-07WSIP Mendocino-Ukiah (City of Ukiah) TCE # 31608896
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TEMPORARY CONSTRUCTION EASEMENT
CITY OF UKIAH
Property Owner”), hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California
corporation (“PG&E”), a temporary construction easement (“TCE”) for good and valuable
consideration, the receipt of which is hereby acknowledged, to be used in connection with PG&E’s
electric transmission reliability project (“PG&E’s Project”), within Property Owner’s lands which are
situated in the, County of MENDOCINO, State of California, identified as 3100 VICHY SPRINGS
RD, County Assessor’s Parcel Number 178-130-01-00 (the “Property”).
The activities allowed under this TCE are described as follows:
a) To gravel and use for laydown and staging purposes, including the right to park vehicles,
locate construction trailers, and store materials and equipment.
b) To construct and gravel a pad, and use such pad as a helicopter landing site.
The activities described above shall be within the area(s) delineated on the attached map and
collectively referred to as (“Temporary Easement Area”).
1.Term. The term of this TCE shall be for a period commencing on August 14, 2023, and shall
terminate on September 13, 2023 (the “Term”). PG&E shall have the right, subject to the terms
herein, to extend the Term for up to one (1) month, commencing on September 14, 2023, and ending
on October 13, 2023, by giving the Property Owner written notice of its intention prior to the
expiration of the initial Term. This TCE shall be irrevocable during the Term, except in the case of
material breach of the terms and conditions of this TCE.
2.Exclusive Use; Access; Fencing. During the Term of this TCE, PG&E shall have the exclusive right
to use the Temporary Easement Area and the right of ingress to and egress from the Temporary
Easement Area over and across the Property. PG&E shall have the further right to erect and maintain
temporary fencing and gates with a locking device to enclose the Temporary Easement Area, and
shall remove such fencing and gates at the end of the Term.
a. All gates shall be left as found: closed if found closed, open if found open;
b. No smoking is allowed;
c. No flammable or hazardous waste, including petroleum based fuels, may be placed or stored
within the Temporary Easement Area;
d. PG&E shall remove all waste, litter, and materials used in connection with PG&E’s Project prior
to the expiration of the TCE.
3.Indemnification. PG&E agrees to indemnify Property Owner against any loss and damage which
shall be caused by any wrongful or negligent act or omission of PG&E or of its agents or employees
in the course of their employment provided, however, that this indemnity shall not extend to such
loss or damage that shall have been caused by the sole and active negligence or willful misconduct
of the Property Owner or its officers or employees while acting within the course and scope of their
office or employment.
4.Compliance with Laws. Interpretation and enforcement of this TCE shall be governed by the laws
of the State of California. In exercising the rights granted under this TCE, PG&E shall comply with
all laws, ordinances, and regulations pertaining thereto. PG&E is required under State and local law
COU No. 2324-079
WSIP Mendocino-Ukiah (City of Ukiah) TCE # 31608896
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to re-stabilize any disturbed project location within the Temporary Easement Area in order to control
soil erosion and sediment runoff, in accordance with applicable project permits. PG&E shall have the
right to access the Temporary Easement Area as reasonably necessary to allow it to meet any applicable
project permit obligations after the Term.
1. Restoration. Upon completion of PG&E’s Project, PG&E shall repair any damage and restore the
Temporary Easement Area to as near as practicable to the condition that existed prior to PG&E’s use
under this TCE. PG&E shall remove all of its personal property.
5.Representation. Property Owner represents that the Temporary Easement Area is vacant and free
from any encumbrances that would interfere with PG&E’s use of this TCE in accordance with the
terms of this Agreement.
6.Entire Agreement. This TCE supersedes all previous oral and written agreements between and
representation by or on behalf of the parties and constitutes the entire agreement of the parties with
respect to the subject matter hereof. This TCE may not be amended except by a written agreement.
7.Authority of Signatory. Each party to this TCE warrants to the other that it has the right and
authority to enter into and consummate this TCE and all related documents.
8.Successors, Heirs, and Assigns. This Agreement may not be assigned by PG&E without the prior
written consent of Property Owner. The provisions of this TCE shall inure to the benefit of and bind
the permitted successors and assigns of the respective parties. Property Owner shall be responsible
for disclosing this TCE to any prospective buyers or new owner(s) of the Property and agrees to
provide PG&E with written notice of any sale or transfer of the Property during the Term or any
amendment to the Term of this TCE.
9.Electronic Signatures. This TCE may be executed by electronic signature(s) and transmitted either
by facsimile or in a portable document format (“pdf”) version by email and such electronic
signature(s) shall be deemed as original for purposes of this TCE and shall have the same force and
effect as a manually executed original.
10.Execution in Counterparts. This TCE may be executed in two or more counterpart copies, each of
which shall be deemed as an original and all of which, when taken together, shall constitute one and
the same instrument.
WHEREFORE, the parties have entered this TCE on , 2023. August 14
Aug 14, 2023
WSIP Mendocino-Ukiah (City of Ukiah) TCE # 31608896
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Temporary Easement Area
Assessor Parcel Number: 178-130-01-00
3100 VICHY SPRINGS RD UKIAH CA 95482
Easement Area: ~ 22,000 square feet