HomeMy WebLinkAboutPacific Gas & Electric (PG&E) 2024-04-11Temporary Construction Easement (Rev. 1/23)
Internal
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 is hereby acknowledged, to be used in connection with PG&E’s electric
transmission project (“PG&E’s Project”), within Property Owner’s lands which are situated in the
City of Ukiah, County of Mendocino, State of California, identified as 3100 Vichy Springs Road,
County Assessor’s Parcel Number 178-130-01 (the “Property”).
The activities allowed under this TCE are described as follows:
(a)To gravel (if needed) and use for laydown and staging purposes, including the right to park
vehicles, locate construction trailers, and store materials and equipment.
(b)to use existing and/or proposed road(s).
(c)to use such area as a helicopter landing site.
The activities described above shall be within the area(s) delineated on the map attached and
collectively referred to as (“Temporary Easement Area”).
1.Term. The term of this TCE shall be for a period of five (5) month(s) commencing on August 1,
2024 and shall terminate on December 31, 2024 (the “Term”). PG&E shall have the right, subject to
the terms herein, to extend the Term on a month-to-month basis for up to two (2) month(s) by giving
the Property Owner written notice of its intention prior to the expiration of the 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.Compensation. PG&E shall pay Property Owner Five Hundred Dollars ($500) total amount as
compensation for this TCE and shall deliver the total payment after receiving a completed IRS W-9
Form and an executed copy of this TCE. If PG&E extends the Term of this TCE, PG&E shall pay
Property Owner One Hundred Dollars ($100) per month for the duration of the extended Term.
3.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. 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.
4.Special Conditions. PG&E agrees to perform the work within the following conditions:
a.All gates shall be left as found: closed if found closed, open if found open;
b.No smoking is allowed;
c.All waste, litter, and materials used in connection with PG&E’s Project will be removed.
COU No. 2324-185
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5. 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 that
portion of such loss or damage that shall have been caused by Property Owner’s comparative
negligence or willful misconduct.
6. 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 to its use. PG&E is required under State and local
law 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.
7. Storm Water Pollution Prevention Plan (SWPPP) – The State of California Construction General
Permit (SWPPP) requires that PG&E shall establish a uniform vegetative cover equivalent up to 70%
coverage of pre-construction vegetative conditions (wood mulch or gravel is acceptable also); and
shall return the Temporary Easement Area to its original line and grade and/or compacted to achieve
stabilization. Property Owner understands and agrees that PG&E’s establishment of a uniform
vegetative cover may require PG&E to access the Temporary Easement Area upon and after the
Term to perform the permit’s required inspections. PG&E shall have the right to access the
Temporary Easement Area to allow it to meet its State mandated obligations.
8. 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 use
under this TCE. PG&E shall remove all personal property.
9. Representation. Property Owner represents and warrants the Temporary Easement Area is vacant
and free from any encumbrances that would interfere with PG&E’s full enjoyment of this TCE.
10. 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.
11. Notices. Any notices or communications hereunder shall be in writing and shall be personally
delivered, or by email transmission, or sent by first class mail, certified or registered, postage prepaid,
or by national overnight courier, with charges prepaid for next business day delivery, addressed to the
addressee party at the address or addresses listed below, or to such other address or addresses as such
party may from time to time designate in writing. Notices shall be deemed received upon actual
receipt or refusal of the notice by the party being sent the notice.
If to Property Owner: City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400, 707-463-6282,
dflores@cityofukiah.com
If to PG&E: Lisa Cass, lcass@interwestgrp.com, 916-201-5700
12. 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.
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13.Successors, Heirs, and Assigns. This provisions of this TCE shall inure to the benefit of and bind
the 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.
14.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.
15.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.
PROPERTY OWNER:
By:
Name: ________________________
Its: ________________________
Date: ________________________
City of Ukiah
City Manager
Apr 11, 2024
Temporary Construction Easement (Rev. 1/23)
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TEMPORARY EASEMENT AREA