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HomeMy WebLinkAboutAgenda Report - September 2, 2009 K-01Kept AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Consider Authorizing City Managerto Enter into Memorandum of Understanding between NCPA and the City of Lodi Regarding the Lease, Development and Cleanup of the Lodi Energy Center Site. MEETING DATE: September 2, 2009 PREPARED BY: Citv Attorney's Office RECOMMENDED ACTION: Authorize City Managerto Enter into Memorandum of Understanding between NCPA and the City of Lodi Regarding the Lease, Development and Cleanup of the Lodi Energy Center Site. BACKGROUND INFORMATION: Staff has reached tentative agreements with NCPA staff regarding the lease for the Lodi Energy Center (LEC), purchase of recycled water, giant garter snake mitigation and the cleanup of residue from sludge deposited on the Lodi Energy Center site. As referenced, the negotiations are tentative and must be approved by the City Council and the LEC membership. The major terms of various tentative agreements are summarized below: A) Lease: Rent: $40,000 per year on top of existing STIG lease of $20,310 annually. 2.5% annual escalator. Market Rate Adjustment every 10 years not to exceed +/- 25%. Term: To 2043 with 50 -year option. City to relocate existing monitoring well at its expense. B) Water Supply: LEC to purchase 1,600 acre feet peryear (AFN), "take or pay" at $600/AF ($960,000/year). LEC option to purchase additional 200 AF N at $750 AF (up to $150,000/year). LEC option to buy water above 1,800 A F N at $900/AF (unlikely to occur). One time connection charge of $300,000. 2.5% annual escalator. Market adjustment every 10 years maximum +/- 25%. C. Giant Garter Snake Mitigation: City to dedicate 21 acres on northwest side of treatment plant and along Peripheral Canal alignment for Giant Garter Snake Habitat Remediation. Price: $24,000 per acre (Total $504,000). D. Environmental Cleanup. The LEC site was historically used to store sewer sludge, primarily during periods that the sludge ponds needed maintenance. It is possible that this storage caused several APPROVED: ,z�� , , Blair King, Cit a ag r contaminants that have been found on site including metals, pesticides and combustion byproducts. NCPA and City staff have tentatively agreed to the following remediation program. a) City to enter Voluntary Cleanup Agreement with Department of Toxic Substances Control (DTSC) and perform cleanup. City to pay consultant and DTSC costs currently estimated at $100,000 to $300,000. b) LEC to excavate and load soil at its expense. C) City to pay trucking and disposal costs currently estimated at $320,000 to $1.3 million. d) LEC to front all cleanup costs as a credit against LEC's payment obligations to City. FISCAL IMPACT: Up to $1.6 million in costs in Year One offset by minimum revenue of $1.8 million in Year One and minimum revenue of $1 million in Year Two and following. FUNDING AVAILABLE: Costs to be advanced by LEC as a credit against Year One and Two revenues. I r Lodi Energy Center 1993 STIG Project ground lease 2008 informal negotiations — ground lease and water supply 'Negotiation direction provided January 2009 and April 2009 Lodi Energy Center Land lease terms •$20,310 current plus $40,000 = $60,310/year •2.5% annual escalator 'Market -rate adjustment every 10 years, not to exceed +/- 25% 'Length: To 2043 with 50 -year option Lodi Energy Center Water supply LEC to purchase 1,600 acre-feet per year at $600/AF _ $960,000 annually (WID @ $200/af) LEC option to purchase additional 200 of/year at $750/af (up to $150,000) LEC option to purchase above 1,800 of/year at $900/af (no limit) One-time charge of $300,000 2.5% annual escalator Market adjustment every 10 years (max. +/- 25%) Lodi Energy Center Environment Giant Garter Snake Mitigation City to dedicate 21 acres for habitat LEC to pay City $24,000 per acre ($504,000) Environmental cleanup Lodi Energy Center Extra • Lodi to be " point of sale" for $140 million power island purchase • $1,400,000 in City share of sales tax Lodi Energy Center: Financial benefits One-time $300,000 for water/wastewater division $1.4 million sales tax revenue to General Fund $504,000 for habitat mitigation Ongoing 0 $960,000 annually from commodity sale $40,000 in additional lease payments K -I DRAFT MEMORANDUM OF UNDERSTANDING BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND THE CITY OF LODI REGARDING THE LEASE, DEVELOPMENT AND CLEANUP OF THE LODI ENERGY CENTER PROPERTY This Memorandum Of Understanding ("Agreement) respecting the site cleanup at the Lodi Energy Center Property and various related issues is entered into and effective this day of , 2009 by and between the Northern California Power Agency, a California joint powers agency ("NCPA)and the City of Lodi, a California municipality ("Lodi"or "City"). NCPA and Lodi collectively are referred to as "the Parties:' RECITALS A. NCPA has been duly established as a public agency pursuant to the Joint Exercise of Powers Act of the Government Code of the State of California and, among other things, is authorized to acquire, construct, finance and operate buildings, works, facilities and improvements for the generation and transmission of electric capacity and energy for use by its members; and B. NCPA desires to own, construct and operate an additional gas turbine power plant ( the "Project) immediately adjacent to CT2 and to the City of Lodi White Slough Water Pollution Control Facility ("WPCF" )and on land owned by Lodi ("Lodi Energy Center Property"). This additional power plant will be referred to as the "Lodi Energy Center". NCPA is occupying the Lodi Energy Center Property pursuantto the terms of a lease by and between NCPA and Lodi dated February 17, 1999 ("LEC Lease");and C. In conducting various site assessments on the property as part of the licensing process, NCPA identified elevated levels of Hazardous Substances in and about the Lodi Energy Center Property; and D. Lodi has entered into a Voluntary Cleanup Agreement with the California Department of Toxic Substances Control to cleanup the contamination on the Lodi Energy Center Property; and E. NCPA and Lodi have met several times from May through July 2009 to discuss various issues relating to the Lodi Energy Center Property, including without limitation the cost, scope and method cf cleanup, dewatering requirements, Endangered Species Act issues, access issues and various issues related to the LEC Lease; and 1272179.1 F. NCPA and Lodi desire to address each of these issues and ultimately amend the appropriate documents to reflect the agreements in this Memorandum of Understanding. NOW, THEREFORE, for mutual consideration, the amount and sufficiency of which are hereby acknowledged, the Parties intending to be legally bound agree as follows: Incorporation of Recitals. The above Recitals are incorporated in this Agreement. 2. Definitions. In addition to the defined terms identified throughout this Agreement, the following terms shall have the meaning as described below: A. "Environmental Laws" means any and all federal, state and local statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations, or any other requirements of governmental authorities, as may presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the presence, release, generation, use, handling, treatment, storage, transportation or disposal of Hazardous Materials, or the protection of the environment or human, plant or animal health, including, without limitation, the Comprehensive Environmental Response, Compensation and LiabilityAct of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.A. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), the Resource Conservation and RecoveryAct (42 U.S.C. § 6901 et seg.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et sea.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Oil Pollution Act (33 U.S.C. § 2701 et seq.), the Emergency Planning and Community Right -to -Know Act (42 U.S.C. § 11001 et seg.), the Porter -Cologne Water Quality Control Act (Cal. Wat. Code § 13000 et seg.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et seq.) the Safe Drinking Water and Toxic EnforcementAct of 1986 (Cal. Health & Safety Code § 25249.5 et seq.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et seq.), the Hazardous Materials Release Response Plans & InventoryAct (Cal. Health & Safety Code § 25500 et seq.), and the Carpenter -Presley -Tanner Hazardous Substances Account Act (California Health and Safety Code, Section 25300 .et seq.) . B. Hazardous Substances. "Hazardous Substances" means any chemical, compound, material, mixture, or substance that is now or may in the future be defined or listed in, or otherwise classified pursuant to any Environmental Laws as a "hazardous substance", "hazardous material", "hazardous waste", "extremely hazardous waste", infectious waste", toxic substance", toxic pollutant", or any other formulation intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term "hazardous substances" shall also include asbestos or asbestos -containing materials, radon, chrome and/or chromium, polychlorinated biphenyls, petroleum, petroleum products or 1272179.1 2 by-products, petroleum components, oil, mineral spirits, natural gas, natural gas liquids, liquefied natural gas, and synthetic gas usable as fuel, whether or not defined as a hazardous waste or hazardous substance in the Environmental Laws. 3. LEC Lease. A. The Parties have discussed various amendments to the LEC Lease and in April, 2009 agreed to various terms. The previously agreed upon terms are listed in Exhibit A attached hereto and it is the Parties' intention the LEC Lease be amended to include those terms as well as the terms listed in this Section 3. B. Additional Land for the Lodi Energy Center. The Parties agree to amend the LEC lease to include an easement of roughly 26 feet of additional land located adjacent to the current Lodi Energy Center Property on the east/northeast side of the property. This property is more particularly described in the legal description attached hereto as Exhibit"B" and is shown on the maps attached hereto as Exhibit "C". The consideration for the easement will be $1.00 per year to be paid in addition to the rent for the Lodi Energy Center Property as stated in the LEC Lease and will be due and payable concurrently with the rent in the LEC Lease. C. Retained Easements. Lodi leased the Lodi Energy Center Property to NCPA without retaining any rights for various easements that transverse the Lodi Energy Center Property. The Parties desire to amend the LEC Lease to acknowledge and provide for these easements, and the duties, rights and obligations associated therewith including without limitation, a pipeline that currently runs underneaththe Lodi Energy Center Property and a 13.8KV Supply from CT -2 to City of Lodi White Slough Facility. NCPA will be responsible at its sole cost for relocation of any utilities, pipelines, or other apparatus associated with or located in these retained easements as necessary for the construction or operation of the Lodi Energy Center with the exception of the test well located on the south east corner of the Property and any other items or utilities specifically identified in this Agreement. 4. Temporary Lay Down Areas/Access Areas. The construction of the Lodi Energy Center will require installation of large pieces of equipment that will utilize nearly all available land on the Lodi Energy Center Property as well as two additional areas. NCPA needs additional space outside of the Lodi Energy Center Propertyto store equipment and supplies ("LayDown Area"). The Parties have identified space to near the Lodi Energy Center property, which is identified on the map attached hereto as Exhibit "D". Lodi will maintain the responsibilityfor any hazardous materials that predated NCPA's use of the laydown areas. The Parties desire to enter into an easement agreement whereby Lodi will grant a temporary easement to the Lay Down Area and other access areas for use during construction of the Lodi Energy Center. NCPAwill indemnity Lodi for any injuries to Lodi and NCPA employees, contractors, agents or invitees that may occur on the temporary easement or access areas, to the extent that they are not caused by the negligence or willful misconduct of Lodi. 1272179.1 3 5. Lodi Energy Center Property Cleanup. The Parties recognize that timely cleanup of the Lodi Energy Center Property is imperative to meeting the construction deadlines for the new power plant. A. Voluntary Clean u 1) Agreement. To that end, Lodi agrees to conduct any necessary site investigation, removal action or remediation in accordancewith the schedule attached hereto as Exhibit "E". Lodi further agrees to comply with the California Department of Toxic Substances Control requirements under the Voluntary Cleanup Agreement that has or will be executed with the California Department of Toxic Substances Control for the cleanup of Hazardous Substances. B. NCPA to Conduct Excavation on Lodi Energy Center Property. On behalf of Lodi, NCPA will conduct any necessary excavation of soil containing Hazardous Substances on the Lodi Energy Center Property provided that: i) such excavation can occur concurrently with NCPA's preparation of the Lodi Energy Center Propertyfor construction of the power plant (i.e. NCPA will not have to mobilize excavation contractors twice); ii) NCPA will choose the excavation contractors and will enter into the necessary contracts for soil excavation; iii) Lodi pays for the costs of soil sampling in preparation for disposal; iv) Lodi pays for the transportation and disposal costs for any soils that need to be disposed of off-site at a licensed facility, or if the soil will be encapsulated, Lodi will pay for the transportation, siting, compaction, encapsulation and operations and maintenance of the cap; v) Lodi chooses the disposal facility and signs all manifests for soil and, if necessary, groundwater disposal; vi) if soil is encapsulated, Lodi will enter into a Land Use Covenant with the Department of Toxic Substance Control ("DTSC"); and vii) NCPA does not admit any liability or fault for the contamination on the Lodi Energy Center Property. C. Advance of Cleanup Funds. NCPA will advance the funds necessaryto cleanup of the Property including but not limited to, oversight fees, regulatory costs, consultant costs, and excavation, transportation and disposal costs. NCPA may, in its sole discretion, credit these advanced costs against its financial obligations to the City contemplated in this Agreement with interest at [Bank of America Prime Rate not to Exceed 6%]. D. Lodi to Accept Dewatering Water. In exchange for NCPA's excavation of soil containing hazardous substances, and subject to the City's ability to take the water underthe terms if its discharge permit. NCPA may dispose of all water collected on the Lodi Energy Center Property during the construction of the Lodi Energy Center into Lodi's WPCF at no costs to NCPA. E. Review of Documents. Lodi will provide drafts of all technical workplans or reports to NCPA for NCPA's review and comment at least one (1) business day prior to submitting any such workplan or report to DTSC. And Lodi further agrees that it will not unreasonably refuse to incorporate NCPA's comments into the final workplan or report before submission to DTSC. 1272179.1 4 F. Compliance with Laws. Lodi agrees to comply with all federal, state and local laws and ordinances in conducting any site investigation, removal work, remediation, or disposal of hazardous substance on or from the Lodi Energy Center Property; includingthe requirements that all engineering and geological interpretations, conclusions and recommendations are developed in accordance with applicable state law, including, but not limited to, Business and Professions Code sections 6735 and 7835. 6. Water Supply. In April, 2009, Lodi and NCPA agreed to various terms for Lodi to supply water to NCPA. The Parties desire to revise the Water Supply Agreement to include the following terms: A. Title 22 Water Supply. 1. Lodi will supply NCPA 1600 acre feet per year ("afy") under a take or pay agreement whereby NCPA pays for the base amount of water even if it does not use the full allotment. ii. NCPA may increase its usage from 1600 to 1800 afy at the 1.25 times the Price for Water (defined below). iii. NCPA will make a onetime payment of Three Hundred Thousand Dollars ($300,000.00 US) within thirty (30) days after the Lodi Energy Center project completes financing. iv. The initial price for the water will be $600 per afy ("Pricefor Water"). V. The Price for Water will increase at a rate of 2.5 percent per year on the anniversary of the date that water is first supplied under the Water Supply Agreement. vi. On the ten year anniversary date of the Water Supply Agreement, either Lodi or NCPA may initiate a review of the then existing Price for Water based on then existing market circumstances for water used in an industrial capacity such as a power plant. Such review will be conducted by a mutually acceptable objective third party. Any supported adjustment to the then existing Price for Water shall not exceed +/- 25% of the then existing Price for Water. vii. NCPA will pay for water above the 1800 afy at 1 %z times the Price for Water. 1272179.1 5 viii. The Parties will mutually agree upon the date upon which the Lodi's obligation to supply water will commence under the Water Supply Agreement. B. Will Serve Letter. Lodi issued a "Will Serve Letter" on July 24, 2009, to NCPA recognizing the Parties would be negotiating an increased water allotment provided in this Agreement. A copy of that "Will Serve Letter" is attached hereto as Exhibit F. 7. Stormwater. Subject to Lodi's ability to take the stormwater under the terms of its discharge permit, Lodi will accept storm water runoff from the Lodi Energy Center Project under the "Will Serve Letter" dated October 17, 2008, attached hereto as Exhibit G. 8. California Giant Garter Snake Mitigation Land. The ditch located adjacent to the southern boundary of the Lodi Energy Center is listed as habitat for the California Giant Garter Snake ("Snake").The property located within 200 feet of the creek serves as a buffer from the creek and its use is likewise designated as habitat and its use is restricted to protect the Snake. The San Joaquin County Council of Governments, who manages the Snake's Habitat Conservation Plan, requires a three -to -one mitigation ratio for any destruction or use of habitat. Therefore, to mitigate for the 200 foot buffer, NCPA may desire to purchase a conservation easement from the City of Lodi which may actually provide better habitat than the buffer (upland) habitat for the Snake. Lodi will then dedicate the conservation easement to SJCOG on the land identified in Exhibit H hereto, comprised of 21 acres. NCPA will pay Lodi Twenty Four Thousand Dollars ($24,000.00 US) per acre for the approximately 21 acres for a total not to exceed Four Hundred and Eighty Thousand Dollars ($504,000.00 US) for the conservation easement. The Parties will draft the proper documentation to facilitate the conservation easement. NCPA will pay for the costs, except for Lodi's internal costs, associated with drafting and implementing the conservation easement. 9. Amendment of Other Agreements. The Parties agree to enter into or amend any other agreements or apply for any necessary permits or approvals to facilitate compliance with the terms of this Agreement or as necessary for construction or operation of the Lodi Energy Center. 10. Interconnect Agreement. The Parties negotiated an Interconnect Agreement for NCPA to provide power to Lodi, but the Interconnect Agreement has not been properly executed. The Parties desire to finalize and execute the Interconnect Agreement by the end of 2009. 11. Miscellaneous Provisions. A. Modifications. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing and signed by the Parties, except 1272179.1 6 that the Parties may modify the schedule in Exhibit E by mutual agreement of the Parties' project managers. B. Waiver. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. C. Events Bevond Control of the Parties. Any delay or default in the performance of any obligation of Parties under this Agreement resulting from any cause(s) beyond the Parties' reasonable control shall not be deemed a breach of this Agreement. D. Notice. Any written notice, report, or other communication required or permitted to be given under this Agreement shall be deemed sufficiently given (i) when delivered personally; (ii) or three days after deposit in the United States mail with first-class postage affixed; (iii) or one day after it is sent by established courier, addressed to the parties as follows; or (iv) upon sending of a facsimile with confirmation of receipt, sent to the following telephone numbers; or (v) when sent by electronic transmission with confirmation of receipt or, if no confirmation of receipt is possible, by promptly sending a duplicate copy by first-class mail, certified mail or overnight delivery in which case it will be deemed delivered as provided in this section: "NCPA NCPA Attn: Ed Warner 651 Commerce Drive Roseville, CA 95678 Facsimile: (916)783-7693 E-mail: ed.warner@ncpagen.com "With a copy to" MEYERS NAVE RIBACK SILVER &WILSON Attn: Michael F. Dean, General Counsel 555 Capitol Mall, Suite 1200 Sacramento, CA 95814 Facsimile: (916) 556-1516 E-mail: mdean@meyersnave.com "Lodi" ERM City of Lodi Attn: Blair King 221 W. Pine Street Lodi, CA 95240 Facsimile: (209) 333-6807 E-mail: 1272179.1 7 "With a copy to" City of Lodi Attn: D. Stephen Schwabauer 221 W. Pine Street Lodi, CA 95240 Facsimile: (209) 333-6807 E-mail: sschwabauer@lodi.gov E. Construction. This Agreement shall not be construed more strictly against one party than against any other party but shall be construed as if all Parties prepared this Agreement. F. Authority. Each person executing this Agreement on behalf of NCPA and Lodi represents and warrants that the execution of this Agreement has been duly authorized by their respective governing bodies and that such person is authorized to execute this Agreement. G . Counterparts. The Parties may execute this Agreement in two (2) or more counterparts which shall, in the aggregate, be signed by all the Parties; each counterpart shall be deemed an original instrument as against any party who signed it. H. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding. I. Time is of the Essence. Time is expressly declared to be at the essence in performance of this Agreement. J. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. L. Assignment. Neither party may, without the other party's prior written consent, assign its rights or delegate its duties under this Agreement. This provision does not apply to Lodi's contracting with environmental consultants or contractors to perform the cleanup of the Lodi Energy Center Property. M. No Third Party Beneficiaries. This Agreement is not intended to confer any rights or obligations on any third party or parties. And no third party or parties shall have any right of action under this Agreement for any cause whatsoever. 1272179.1 8 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date written below: NORTHERN CALIFORNIA POWERAGENCY By: _ Its: Date: James H. Pope General Manager ATTEST Denise Dow Assistant Secretary CITY OF LODI in Blair King City Manager Date: ATTEST Randi John, J.D. City Clerk 1272179.1 9 APPROVED AS TO FORM Michael F. Dean General Counsel APPROVED AS TO FORM LIM D. Stephen Schwabauer City Attorney Exhibit List A. LEC Lease Terms B. Lodi Energy Center Property Legal Description C. Maps showing Easement D. Lay Down Area Map E. Cleanup Schedule F. Will Serve Letter dated July 24, 2009 G. Will Serve Letter dated October 17, 2009 H. California Giant Garter Snake Mitigation Land 1272179.1 10 Exhibit A LEC Lease Terms • $40,000 per year initial lease rate for LEC Unit (on top cf $20,000 annual existing STIG lease) • Lease commences after issuance of CEC AFC and Project Participants execute Phase 3 agreements and/or Power Purchase Agreements supporting Project construction • Lease rate escalates at 2.5 percent per year each July 1 after lease commences • On the ten year anniversary date cf the current lease, either Tenant or Landlord may initiate a review of the then existing lease rate based on then existing market circumstances, with such reviewed to be conducted by a mutual acceptable objective third party. Tenant and Landlord will equally share the cost of any mutually approved market review. Any supported adjustment to the then existing lease rate shall not exceed +/- 25% of the then existing lease rate. • Term: Coincides with existing NCPA CT2 lease; from Project commencement through December 31, 2043, with a 50 year renewal right by tenant. • Effectuate revised lease conditions applicable to the LEC by way of revisions to Paragraphs4(a) and 4(b) of existing lease (likely by letter agreement); such revisions to be approved by the Lodi City Council and the NCPA Commission. • Lease boundaryto be determined by the lease map not the legal description • City cf Lodi to relocate, at its expense, the monitoring well located at the south east corner of the property • The terms and conditions of the STIG lease, as pertaining to the STIG, to remain unchanged 1272179.1 A EXHIBIT A Lease Area All that real property situated in the Southwest one-quarter of Section 24, Township 3 North, Range 5 East, M.D.M., County of San Joaquin, State of California described as follows: A portion of that certain parcel described in Book 1023 Page 463 Official Records filed at the Office of the Recorder of San Joaquin County, more particularly described as follows: BEGINNING AT A POINT on the South line of said Section 24 from which the Southwest corner of said Section 24 bears North 89°20'43" West 838.23 feet. Thence from said Point of Beginning North 89°20'43" West 682.86 feet along said South line, thence leaving said South line along the East boundary of an easement granted to Pacific Gas & Electric Company described in that Deed dated September 6,1957 recorded in Book 2013 of Official Records at Page 426, San Joaquin County Records, North 23°58'00" West 549.85 feet to a point measuring 20.00 feet, at right angles, to the centerline of the South levee of the White Slough Water Pollution Control Plant Skimming Ponds, thence parallel with and 20.00 feet distant from the centerline of said levee North 69°15'09" East 672.51 fcct, thence South 20119'55" East 798.18 feet to the Point of Beginning. Containing 10.1 Acres (439,050 Sq. Ft.) This legal description is based on record bearings and distances shown on the Record of Survey filed at Book 32 Page 175 with San Joaquin County Recorder's Office. 7-3c -ZV09 c Lease Exr1haibit B N=2220245.64 E=6306425.31 0w CENTERLINE OF THE LEVEErx, 26129' N 89020'43" W %-31-zrui 1 3lJul2009 2:04om Exbl B—LEASE N=2219497.16 E=6306702.58 CARLTONIlPll °-'M Engineering Inc."m aamteeem EXHIBIT A R dway and Incidental I'1 p(se,; E ment All that real property situated in the Southwest one-quarter of Section 24, Township 3 North, Range 5 East, M.D.M., County of San Joaquin, State of California described as follows: A portion of that certain parcel described in Book 1023 Page 463 Official Records filed at the Office of the Recorder of San Joaquin County, more particularly a strip of land 20.00 feet in width, the centerline of which is described as follows: BEGINNING AT A POINT on the East boundary of a lease parcel to Northern California Power Agency (NCPA) from which the Southwest corner of said Section 24 bears the following two (2) courses: 1) South 20°19'35" East 88.05 feet along said East boundary to the South line of said Section 24, 2) North 89°20'43" West 838.23 feet along the South line of said Section 24 to the Southwest corner thereof. Thence from said Point of Beginning North 89°30'37" East 483.64 feet along the centerline of an existing asphalt road to the beginning of a curve to the left, thence through said curve to the left having a Radius of 273.31 feet, an Arc Length of 526.14, and being subtended by a Chord bearing North 34°21'38" East 448.58 feet, thence North 20°47'20" West 347.74 feet to the beginning of a curve to the right, thence through said curve to the right having a Radius of 84.40 feet, an Arc Length of 74.71 feet, and being subtended by a Chord bearing North 04°34'09" East 72.29 feet, thence North 29°55'37" East 44.45 feet to the beginning of a curve to the left, thence through said curve to the left having a Radius of 88.66 feet, an Arc Length of 78.45 feet, and being subtended by a Chord bearing North 04°34'48" East 75.91 feet, thence North 20°46'02" West 1048.49 feet to the beginning of a curve to the left, thence through said curve to the left having a Radius of 3013.60 feet, an Arc Length of 99.99 feet, and being subtended by a Chord bearing North 21°43'04" West 99.99 feet, thence North 22°40'06" West 499.23 feet to the beginning of a curve to the left, thence through said curve to the left having a Radius of 1670.10 feet, an Arc Length of 109.96 feet, and being subtended by a Chord bearing North 24°33'16" West 109.94 feet, thence North 26°26'26" West 44.61 feet to the North line of the Southwest One -Quarter of said Section 24. The sidelines of said strip of land shall be lengthened or shortened to terminate at the North line of the Southwest One -Quarter of said Section 24 and the East boundary of said NCPA Lease parcel, respectively. This legal description is based on record bearings and distances shown on the Record of Survey filed at Book 32 Page 175 with San Joaquin County Recorder's Office. Containing 1.54 Acres (67,148 Sq. Ft.) Road Easement Exhibit B N 2602626" W 44.61' NORTH LINE OF A= 03046'21° \ o THE SOUTHWEST 1/4 R=1670.10' L=109.96' SECTION 24 CH =N 24°33'16" W 10` CHL=109.94' N 22040'06" W 499.23' 1� A-- 01°54'04" R=3013.60' L =99.99'' ` CH=N 21°43'04" W \� CHL=99.99' 20' WIDE ROADWAY AND INCIDENTAL PURPOSES EA5EMENT N 20°46'02" W 104&.49'�� o= 50041152" R=88.66' L=78.45• CH =N 04°34'48" E LEASE CHL=75.91' BOUNDARY N 29°5557" E 44.45' /J o= 50045'03'- F,=84.40' 0°43`03' R=84.40' L=74.71' CH =S 04°34'09" W CHL=72.29' o= 110017'54" 9=273.31' L=526.14''-, SOUTH LINE CH=N 34°21'38" E OF SECTION 24 CHL=448.58' P.O.B _, N 89°3057" E 0 N 890 2043" W 838.23' 5'=20°19'35" E 26 25 8105' CARLTON Engineering Inc. 31J"12009 1:SSpm Exb1 B -ROAD 570.0T7d61° ' Fm 9LLda J -Ft Yolw '71.EM6 EXHIBIT A Roadway and Incidental Purposes Easement All that real property situated in the Southwest one-quarter of Section 24, Township 3 North, Range 5 East, M.D.M., County of San Joaquin, State of California described as follows: A portion of that certain parcel described in Book 1023 Page 463 Official Records filed at the Office of the Recorder of San Joaquin County, more particularly a strip of land 26.00 feet in width, the sidelines of which shall be shortened or extended to terminate respectively at the South line of said Section 24 and 20.00 feet measured at a right angle from the centerline of a levee, the West line of which is described as follows: BEGINNING AT A POINT on the South line of said Section 24 from which the Southwest corner of said Section 24 bears North 89020143" West 838.23 feet. Thence from said Point of BeginningNorth 20119135" West 798.18 feet to a point measuring 20.00 feet, at right angles, to the centerline of the South levee of the White Slough Water Pollution Control Plant Skimming Ponds. Containing 0.5 Acres (20,885 Sq. Ft.) This legal description is based on record bearings and distances shown on the Record of Survey filed at Book 32 Page 175 with San Joaquin County Recorder's Office. 7- 51 -zPcl9 rkl iv,asement E,rJhibit B N=2220245.64 E=6306425.31 �jN =222@254.67 E=6306449.70 N 69°40'25" E 26.00' m AREA NDARY FENCE 1 26125 31Jul2009 1:59pm Exb1 B—EASE N 89020'43" W 838.23' N=2219497.16 _ E=6306702.58 ?-31--200a N20'43" E 2219- 84 E=6306730.42 CARLT O N Engineering Ina cess wd...o sero, a seen vas. a3o.aneasa�m ami `an:aea y;�/ 20.00',N =2220254.67 E=6306449.70 Qik LEVEE N 69040'25" E !„ 26.00- N=99- 245.64 6.00'N 2220245.64 ` E=6306425.31 PROP05EP cr`\\ EASEMENT 1 "'INNIV W\ LAN01 X m DT ' r EA5E AREA BOUNDARY 6 FENCE 2312 4 5OUTH LINE OF SECTION 24 P.O.B. 7-31--2.0cq 6 1 11 89 20 43 E r27.85' 26125— N 8902043" W 838.23' N=2219497.161 '-N=2219496.84 E=6306702.58 E=6306730.42 CARLTON'� Engineering Inc 31 Jul2009 1:59pm Exbl B—EASE xss ven�a.v wx4 u r C' Vokv 630.677d6f6 Fm 670.077.6616 dE,.� 2 2 k \ I w §F- !! \ \ r /\ G » § :� X00 \{ § "° \§{ ud/ / !9 Exhibit E TASK Scoping Meeting between DTSC and Proponent Proponent submits Draft PEA Workplan DTSC Provides Comments on Draft PEA Workplan Proponent submits Draft PEA Document DTSC Provides Comments or Approval on Draft PEA Document) Proponent submits Draft RAW Document DTSC provides Comments or Approval of the Draft RAW SCHEDULE Early August 2009 August 14, 2009 September 11, 2009 (within 30 -days of receipt of PEA Workplan) October 30,2009 (within 51 -days of receipt of DTSC's comments) November 27,2009 (within 30 -days of receipt of Draft PEA Document) December 11,2009 (15 days) 1/08/2010 (30 days) Proponent Submits Final Draft RAW (if 1/29/200905 days) necessary)to address DTSC's Comments DTSC approves Final Draft RAW and Within 45 days of receipt of Final Draft initiates 30 -day public comment period for RAW Draft RAW and CEQA documentation DTSC responds to public comments (if Within 15 days of close of public comment any) and approves the Final RAW period Proponent submits Implementation Report Within 30 days cf completing fieldwork DTSC reviews/approves Implementation Within 30 days of receiving Report Implementation Report Proponent reviews Draft Land Use Within 45 days of receiving Draft Land Use Covenant and Operation & Maintenance Covenant and O&M Agreement (O&M) Agreement DTSC certifies Site Following DTSC approval of the RAW Implementation Report, recording of the Land Use Covenant, signature of the O&M Agreement and preparation of the O&M Plan (as required) CITY COUNCIL CITY OF L O D I BLAIR KING. LARRY D. HANSEN, Mayor City Manager PHIL KATZAKIAN, PUBLIC WORKS DEPARTMENT Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET IP.O. BOX 3006 RANDI JOHL, SUSAN HITCHCOCK City Clerk LODI, CALIFORNIA 95241-1910 BOB JOHNSON TELEPHONE (209) 333-6706 1 FAX (209) 333-6710 D. STEPHEN SCHWABAUER, JOANNE MOUNCE EMAIL pwdept@lodi.gov City Attorney http://www.lodi.gov F. WALLY SANDELIN, Public Works Director July 24, 2009 Ed Warner NCPA Lodi Energy Center 661 Commerce Drive Roseville, CA 95678 Subject: Agreement to Serve Recycled Water to NCPA Subject to agreement of business terms, the City of Lodi has agreed to serve recycled water to NCPA's Lodi Energy Center (LEC). NCPA will be submitting a Supplement to the Application for Certification (AFC) with the California Energy Commission (CEC), The City of Lodi can supply the required 1800 acre feet of recycle water per year that is contained in the AFC Supplement. The City of Lodi currently serves NCPA's STIG facility, the San Joaquin County Mosquito and Vector Control facility, and adjacent City owned agricultural land with recycled water. As discussed in a meeting held between NCPA and the City of Lodi on July 13, 2009, the City of Lodi has sufficient capacity to serve both the LEC plant as well as existing users even with the increased water need resulting from the change in equipment described in the AFC Supplement, This commitment will not adversely affect any existing or future planned recycled water users. We trust that this addresses the CEC's request. If you need additional information please do not hesitate to contact me at (209) 333-6740. Sincerely, J�j Charles E. Swimley Jr., P.E. Water Services Manager K:\WP\LETTERS\LRecycledWatertoNCPA.doc -----•- ••••—••---•- LUUI, I.ALIrVKn1A W3Z4l-"1V-1U D. STEPHEN SCHWABAUER, BOB JOHNSON (209) 333-6740 City Attorney PHIL KATZAKIAfN FAX (209) 333-6841 EMAIL owdsntOodi.gov F. WALLY SANDEUN http:llwwwaodi;gov Public Works Director October 17,2008 Ed Warner NCPA 661 Commerce Dr Roseville, CA 95676 SUBJECT: Terminad Storm Water Discharge to NCPA's The City of Lodi has agreed to prcvide terminal storm water discharge to NCIRNs Lodi Energy Center (LEC). NC -PA has submitted an Application For Certification (AFC) with the California Energy Commission (CEC). This letter is to provide confirmation of this agreement. The City of Lodi currently provides storm water service to NCPA's existing STIG facility. The City of Lodi has sufficient storage capacity to serve the proposed LEC. This agreement will not adversely affect any existing or future planned storm drainage requirements. We trust that this addresses the GEC's request. If you need additional information, please do not hesitate to contact me at (209) 209-333-6740. Sincerely, r,\ I .z -o - Charles E. Swimley Jr., P.E. Water Services Manager CES7myn cc: F.. Wally Sandelin, ?ub ieWorks Dhador George Morrow, Electric Utility Director D. Stephen Schwabauer, City Attorney R:IGROUPIWWWIWHITESLO\NCPA\NCPATerminalStrmWtrUseLtr.dx 10117/2008