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HomeMy WebLinkAboutAgenda Report - August 1, 1990 (79)C,0NCIL C 0 M M U N I C A I 1 0 N TO: THE MY COUNCIL COUNCIL MEETING DATE: AUGUST 1, 1990 FROM: THE CITY MAWAGER'S OFFICE SUBJECT: SECOND PHASE INVESTIGATION OF POTENTIAL POWER SUPPLY OPTIONS FOR THE FUTURE RECOMMENDED ACTION: That the City Council determine that it is in the best interest of the City to join with other members of NCPA expending funds to investigate three potential power sources for future development. BACKGROUND Df CRA142M Proposals for my economic sources of power were solicited NCPA approximately a year ago, A need for additional power supply becomes increasingly important for the NCPA members beginning in 1991 due to system growth. Roseville leads the membership in sustained growth; however, Alameda, Turlock and Lodi each represent load growth exceeding resource capability in 1992 and thereafter. NCPA anticipated this need and actively solicited bids and proposals from power project developers, wholesale utility suppliers and independent power producers. Following critical analysis of the approximately fifty best proposals, an initial three projects were selected for the second phase investigation (first phase activity represents solicitation of a bona -fide proposal ; second phase is planning and development of theotential project). Safeguards exist in the second phase documents that allow offramps so that a participant can make the decision not to continue participation. Once a project is determined to be feasible (results from second phase activity) final membership participation is determined and the third phase construction/ financing begins. The three projects and associated second phase expenditures are as follows: Project Lodi ' s Share of Estimated Second Phase Expense Power from Coal Resource $ 20,039 Purchase Power from Northwest Resource 5,065 Construction of Base Load Gas Resource (Combined Cycle) 132,661 5157,765 These projects have been determined to represent the best economic alternatives through analysis of preliminary data. The second phase expenditure will cover investigation of the cost and feasibility of each project, including air quality permitting in the case of the Combined -Cycle Project. CCP0WER/C0.00M Council Communication Page Two August 1, 1990 The first two projects involve power resources outside of California- the third project involves siting a base load gas-fired unit near either Lodi or koseville. Plowing back a small amount of revenue to assure a continuous, ample power supply is necessary and appropriate. Analysis to date indicates that all of the above projects appear very economical, but two of thepprojects will be effected by environmental consideration which must be appropric tely evaluated. Provision for these expenditures by NCPA was made in the 1990-91 budget determination of Bulk Power cost to be paid from operating revenues. Henry J. Rice Electric Utility Director CCPOWER/CO-COM RESOLUTION NO. 90- 112 A RESOLUTION CF THE CITY COUNCIL OF THE CITY OF LODI APPROVNIG AGREEMENTS FOR FLNANCLNG OF PLANNING AND DF,VF,LOPMENT ACTIVITIES WHEREAS, the Commission cf the Sorthern California Power Agency has approved Agreements for Financing and Planning est Development Activities for purchase of power from Northwest Resource, construction cf Combined Cvcle Project No. One, and purchase of Ixnver from Coal Resource and WHEREAS, the Citv of Lodi wishes to enter into those agreements, BE IT RESOLVED by the Citv Council of they City of Lodi, as follows: Section I. The form of "Agreement for Financing of i'lanning and Development Activities for Purchase cf Power from Northwest Resource," attached to this Resolution as Exhibit "A" and presented to the Council at this meeting, is hereby approved. Section 2 The form of "Agreement for Financing cf Planning and Development Activities forConstruction of Combined Cycle Project No. One," attached to Phis Resolution as Exhibit "B" and presented to the Council at this meeting, is hereby approved. Section 3. The form of "Agreement for Financing of Planning and Development Activities for Purchase cf Power irom Coal Resource", attached to this Resolution as Exhibit "C" and Presented to the Council at this meeting, is hereby approved. PASSED AND ADOPTED by the Council of the Citv of Lodi this 1st day of August ,1990, by the following vote on roil call: AYES Council Members - Hinch: am, Olson, Pinkerton, .. Reid and Snider (Mayor) NOES Council Members - None ABSENT council 'Member -- None ATTEST: City Clerk Alice M. Reimche 40111in vor R. (Randy) Snider The Foregoing Document Is Certified To Be A Correct Copy Of The Original 0 n File In This Office. Jennifertvt. Perrin Dep((uty City Clerk, CityOf Lodi By Datedo 141-7190 AGREEMENT FUR FINANCI`G OF PLANNING AND DEi'ELOPLIENT ACTIVITIES FOR PURC1lASE OF POWER FROM NORTHWEST RESOURCE This Agreement. dated a of Auaus t 1 , 1990. by and between Northern California Power Agency, ajoint powers agency of the State of California. hereinafter called "NCPA" and those of its members who execute :hisAL*rcement. hereinafter called "Project Mmbers, " witnesseth: WHEREAS. NCPA's Resource Plan for 1990 through _RN has identified the economic potential for a Northwest resource capable of supplying power starting within the approximate period of 1993 to 1994; and WHEREAS, NCPA and the Project.%ternbers desire to pursue pianninL and development activities including the investigation of the cost and feasibility of purchasing such power fern 3 Northwest resource, such as, by way of example, power i n the m o u n t of SO megawatts f3mthe Washington Water PagarCompanv; and WHEREAS, the cost of such planning and development activities of purchasing Power from the resource (hereinafter referred tD as the "Project") is estimated to bre S42,921; and WHEREAS, the Project Nbdoers desire to enter iritic 3 second phase agreement pursuant to the Member Service Agreements dated February 12,198I, or successor agreements, in order iia formalize their understanding regarding sharing of the benefits and burdens associated with their participation in the Project; NOW THEREFORE, the parties hereto agree as follows: Section I, Oblig ltion Fo alized Perrenta; Pe articipa ion Collection and Documentation. Each Project Member hereby agrees b continue to pay or advance to NCPA, from its elecmc department revenues only, its percentage share of the costs authorized by ProjectMembers in accordance with this A6eement in connection with its participation in the Project Each Project Member further agrees that it will rix the rates and charges for services provided by its electric department so that it will at all times have hase it A,4mt/NCiA/Wash;nvton'Vater 'ower/Northwest Re-011rce 7,12,114) DEC E,vJi IBIT "A" sufficient money in itselec:.ic department revenue Raids to meet this obligation. The percentage participation of each NCPA member wnich has tentatively determined to he a Project Member is initially established as follows: Alameda 1 Lt10011 Healdsburg 1.800 Lodi ...Soo Lompoc :.t-)00 Palo Alto _2.o0o Roseville 11..CU Turlock : 6.0410 Ukiah : 000 . Total : t 00N)R,; The above participation percentages shall be revised proportionately :f less than ail of the above NCPA members become Project Members, and thereafter if and when any Project Member withdraws in whole orb part. Any Project Member wnoily withdrawtn:; shah thereupon cease ID be a Project Member for all purposes except for purposes of section 4 of this Agree m. nt. Hereafter, tiCPA shall demand from each and every Project Member its snare of its agreed ib financiai commitment on a concurrent basis. Any part of such demand by NCPA which remains unpaid for sixty days after its billing date shall bear interest BM sWh sixtieth day at the reference tate of the Bank of America LIT&SA then at effect. plus two percent, computed on a daily basis percent until paid. Interest so earned shall not change any Project Member's participation percentage, and shall become a part of the working capital funddefined below. The funds advanced according to this section : shall be used to establish a working capital fiord if and when approved by the Project Nktim s. and in an amount and subject to any limitations approved by the Project Members. Until a worldng capital fund is established by the Project Matdoers. funds advanced according to :lis section 1 shall not be encumbered or expended Section Z. '�� ��niFin�rr Tr, Final ImrlcmcntadDn � 1a tj�:n.'. 1a) Dkrrcnnn . ni znn-6t;— Of E' t Cipacit and F en r^V. In ::onsideranon of the payments provided for in section I of this Agmement tach Pro)rct Phase iI A,;mt/%(=A/Washington '.Vater Power/Northwest Resource /7/QoDEC Member who has not whoity withdrawn, or who is not then in'default shall have an exclusive option to enter into 3 Third Phase Agreement (ora Power .'urchase Contract) for all or a pan of its participation percentage of rights to all Pmject capacity and energy foruse by N CPA members pursuant to this Agreement. (b) Its, sr to Pure. A Project Member can, at the time of entering into the Third Phase Agreement, purchase more than its participation percentage of the Projectif additional shares are available by reason of the nonparticipation in the Third Phase Agreement by one or more Project Members. Such a xcess shares shall be offered to those who do participate in the same proportion as their shares bear to the total shares of those who do participate. If Project Members soenddod do not wish to contract for all the 4xcess ;hares. such nsteirrirgexcess shall be disposed of as agreed to by the Pmject Members. Project Members shall establish the terms and provisions of an agreement for n gh is to capacity and energy from the Project prior to the expiration of this Agreement, to be lmown as the Third Phase Agreement, The Project Members shall also establish the date by whi,:h the Third Phase Agreementmsst be executed by Project Members and delivered to NCP: if :hey are to participate in the Project. Failure to execute the Third Phase agreement w,., any of its total participation share and todeliverit to NCPA by thatdate or 30 days atte r a Project Member's receipt, whichever is later, will be an irrevocable decision on the part of that Project Member not tD participate in the Project. Ewmtim and delivery of the Third Phase Agreement for less than its total participation percentage anddelivery of that P'oject Member's executed agreement to NCPA by the date established or 30 days after the Project Member's receipt whichever is later, will likewise be an irrevocable decision on th(: part of that PmjeetManber not to participate in the Project in excess of the share set forth •n its delivered agreement. Supplemental agreements or other a gree m e n is w i I I be entered into for the excess or surplus Project shams. The procedure for processing supplemental agreements shall be consistent tdth those prescribed immediately above in tris subsection (c) for rights io Project capacity and energy. Failure tlu return an exee•itei agreement for any additional Project share within the prescribed period is an irrc%ocable .recision not to purchase such additional share. The Project Membernaldrrf any herein defined irrevocable decision not toparactpate in all of its share of the Project sh-11 be .oreclosed from utilizing, and shall be relieved of further burdens related to. the share •.vhich it has declined to purchase. .'`use it Agmtu NCPA/ Washington Water Power/ Northwest Resource 7/2,'`x) DEC Section 3. )-terrber Direction and Revie:v. `'CPA shall compiv with all lawful directions of the Project Members -v&'! respect to this Agreement, while not staved or nullified. to the fullest extent authorized by law. Actions of Project %lenge:. including riving above directions to NCPA, will be taken only at meeangs of atitnorzea representadves of Project Membersduly called and held pursuant to the Ralph N1. 'Brown Act. Ordinarily, voting by representatives of Project Members will be on a one memncrmne vote basis, with 3 majority vote required for action; however. unon reouest of a Project Nfember representadvr„ the voting on an issuewill be by percentace anteinatton with orm=e favorable vote necessary tocarry the action. Any decisionrelated to the Project taken by the favnraoic vote of revrescntation of Project Members holding less than 65% of percentage pamcioution can t�d reviewed and revised if a Project �Iy{ember holding any participation percentage ,tees Notice of Intention to seek such review and revision to each other Project Nlemtier within 41 hours after receiving written notice of such action, If such Notice of Intention is ,o--:ven. my tenon taken specifiedin the notice shall be nullified, unless the `CPA Commissioners of Prrojt:ct Merbers holding R least 6170 of the total participation percentage then to effect vote in favor thereof at a regular or specially called meeting of Project %Iemo-tms, 1f the `otice of Intention concerned 3 failure to accu such action shall nevertheless betaken if NCP: Commissioners of Project Members holding at least 65% of the total Participation Percentage vote in favor thereof at 3regular or specially called meeting of Project Members, Section 4ti CondffQnal Rmaymeni to Members. All payments and advances made heretofore, and those hereafter made pursuant to section 1 of this Agreement, excluding interest paid on delinquent payments, shall be repaid to each of the end des neldng such payments and advances pursuant to this Agreement out of the proceeds of the first issuance of the Project bonds which can economically provide therefor, oras and when there are sufficient fundsavailable f=pardal We cf bonds. if bonds, nobes. or otherevidencesofindebtedness are issued tosupport the Project. Such reimbursements shall be made within 60 days following the sale of any Pmject bonds and shall include interest computed monthly at a rate equivalent to the end of the month reference rate of the Bank of America L\7&SA. Any interest due under the third paragraph of sscnon l of this .agreement and unpaid shall be deducted from the repaymCnt. If NCP:\ determines to complete the Project, but is not successful in obtaining all necessary approvals and :,nancinte therefor. there shall be no reimbursement except out of unused Project funds -4- "hase it Agmt/NOA/ Washin ;ton Nater Power/Northwest Resource /2/'X) DEC including those then in the working capital fund, dong vatic all other receipts to which NCPA is entitled in conneccon with the Project. Section 5. Tdrm.. This Agreement shall take effect as of August 20. 1990. but only if approved by NCPA members holding 45''0 of the initial }percentage participations set out in section I of this Agreement, or upon such later date as may be determined by NCPA Nimbers afteran adjustment in the participation percentages to provide foran adequate subscription for the financial commitment required by section ti of this Ag-mement. This Agreementshall be superseded by the 'Fiord Phase Agreement except that section -1 of this Agreement shall remain in effect. Changes my be made in this seeron 5, except as to the continued effectivenessof section 4, in accordance with section 3 hereof, Section 6. Financial Co mimtems. Each Project Member agrees to a total financial comraiunent for its respective percentage participation of a total of S42.921 principal mount plus interest thereon. if any, including payments and advances heretofore made. as authorized and approved by the Project Members. EYan time to time as needs arise, representatives of the ProjectMatbers may, by a favorable vote as provided to section') of this Agreement. authorize an increase in NCP. ', financial commitment whien can be shown to support the completion of the Project but only alter 30 days' .vntten notice of such proposed increase has been given to all Project Members. Section 7. Assignment (a) Notwithstanding any otherprovision of this Agreement, if NCPA requires funds to carry out the terms of tris Agreement prior to the receipt of adequate funds from the Project Ivtembers, NCPA my . upon approval of the Project Members, assign its right ib receive any payments under this A gre emen t to a bank or other financial institution to secure a borrowing by NCPA or in exchange for an amount of money equal IDthe then present value of drse payments as determiizd by NCPA. Project Netters hereby consent tD such assignment. and upon nodfica6on in writing by NCPA. each such Project Member will make each such assigned payment directly to the assignee. The assignee shall not be liable m Project Members for the mounts as assigned, and N CPA shall use the proceeds of such borrowing or assignment for the purposes provided in this Agreement. If an assignment :s made under this section. then upon the failure of anv Rrojec:t 1�tember to make any payment so assigned. the percentage partrcipanon of each non -defaulting Project Member shall be automatically increased for the term of the issignment pro rata with ;nat of the other non -defaulting Project Members, ;and the .'!ease it Agmti NC'Ai Washington Water Power! Northwest Resource 7/2/00 DEC defauldng Project Member's Percentage Participation shall (butoniv forpurposes of computing the respective Percentage Participation of the non -defaulting Project Members) be reduced correspondingly; provided that the sum of such increase or anv nc n -def aultin,; Project Member shall not exceed without °.vritren consent of the non-d(e(aulvnrg Proiect Members an accumulated maximum of 25% of the non -defaulting Project `tember'c original Percentage Participation. If the Project Member fails or refuses to pay any amounts. iiiaki NCPA, the fact that other Project Members increase theobligations to make mdh payments shall not relieve the defaulting Project Member of its liability for.uc'i ^avrrent. and any Project Member increasing such obligation shall have a n:nt or mcover".. ;rem the defaulting Project Member to the extent of such respective increase. In addition. NCPA may terminate the -provisions of this Ai.—cement insofar as they entitle the defaulting Project Nbmber to tt:s Perc::;tace Paruripatton of Project output. (b) For the purposes of such assignment. `CPA may tax and schedule the total amount payable by each Project `tem%r .nto any number of sem-.annual payments, not less than £ottr nor to exceed ten, and the dates on which such payments will be made. and each Project Member agrees to abide by such schedule. NCPA shall provide a reasonable opportunity for any Project Memberto prepay its total ablilgation. (c) After such an assignment is made, no Project ti l e m be r may avoid the obligation sv assigned by withdrawal pursuant to sectien 8 hereof or otherwise. idi If NCPA makes an assignment pursuant to this sacbm. it may transfer any ar all of its rights and duties to a nonprofit corporation formed to act on behalf of NCPA if the voting power of the members of such corporation is distributed in the same manner as that provided in Sections 3 and 9 of this AgmemenL Section 8. Withdrsw3l F .. . If at any time following the zxecudon of this Agreement, there is an increase in NCPA's financial commitment pursuant to section 6, Project Members may partially withdraw, i.e., from participation in the .ncrease, or may withdraw wholly from the Project. Such withdrawal shall be subject to honoring my commitments made by them or on their behalf pursuant to authorization of :nis ,-\a>zeement. To withdraw, such Project Members shall ave; NUA written notice of such withdrawal, in part or in whole. within thirty 00) days of the receipt of the notice by n c m o t t he increase. _r) - ."! ase H AgmUNCPA/Washin4ton .Vater Power/ Northwest Resource 7/'-/% DEC Section 9. Voting Rinhts and Duration. A Project Member is participating for purposes of section 3 percentage voting until it completely withdraws, but 3 partial or complete withdrawal will result in a corresponding reduction in its percentage participation. When the Third Phase Agreement is executed. or revised revised participation percentages shall be establishedby dividingthe mount of Project share agreed to be purchased by each Project Member by the total amount of Project shares to be purchased by all Project Members. For voting purposes and for establishing 3 gLmnm in this Agreement and in the Third Phase Agreement. the 65% of percentage participation specified in sections 3 and 10 shall be reduced by the amount that the percentage participation of any Project Member exceeds 35'0. but such 65%shall not be reduced below 3 majonty in interest. Section 10L Quorum Qef ntd. The presence of either a rnajority of the Project Members, or of ProjectNk*ers then having.a combined participation percentage of at least 65% shall constitutes quomim for the purpose of action. IN WITNESS WHEREOF,each Project Member has executed this :agreement with the approval of its governing body, and caused its official seal to be affixed. and `CPA has authorized this Agreement in accordance with the authorization of its Commts%ion. NORTHERN CALIFORNIA POWER AGENCY By: CITY CF HEALDSBURG By: By: CITY OF LOMPOC Bv: R.. CITY OF AL- N1EDA By: CITY OF LODI By: 6� ?/ Jo n R. (Randy nider, 'Mayor By rs ice M. Reimchd, City Clerk CITY OF PALO ALTO By: :" lase it Agent/NCI A/Washington Water Power/Northwest Resource 7/?/`0DEC CITY OF ROSEVILLE By: By: CHT OF UKIAH By: By: TURLOCK IRRIGAT'O` DISTRIC' By: 3y= :'h3sc it AgmtiNCPA/Washington Water Power/Northwest Resource 7/2/90 DEC AGREENtEST FOR FINANCING OF PLANNING AND DEVELOPMENT -1C'; I v'1TIF.S FOR CONSTRUCTION OF COMBINED CYCLE PROJECT NO. ONE This Agreement, dated as of August 1 tiv and ^, tween Northern California Power Agency, a joint powers agency of the State: of Califomia, hereinaftercalled "NCPA"and those of its members who execute this ,V-,reernent. hereinafter called 'Project Nk*ers,"witnesseth: WHEREAS, NC:PA's Resource Plan for 1900 through has:denotied the economic potential fora combined cycle resource capable or an initial %:ommerctai OrMI tuan date within the approximate period of 1993 to 1995. and WHEREAS, NCPA and the Project Members desire to pursue planning and development activities, including the investigation of the cost and feasibility of instailing such combined cycle resource, particularly 3 stand-alone unit such as, by way of exampie, an LN15000 or its equivalent in performance and economics: and WHEREAS, the cost of such planning and development activities of installing such resource (hereinafterreferred to as the "Project") is estimated to be 5537,689; and WHEREAS, the Project N dmrs desire to enter into a second phase agreement pursuant ID the Member Service Agreements dated February 12. 1981, or successor agreements, at order to formalize their understanding regarding sharing of the be—.' rants and burdens associated with their participation in the Project; NOW THEREFORE. the parties hereto agree as follows: Section 1. Obligation Fo malized-Percents �, 2 -lee n5.n-' - g�.�Liti.:nen_ - n Documentat;on. Each Project Member hereby agrees to continue to pay or advance to SCPA. fmn its clecme department revenues only. its percentage share of the costs authorized by Project Members in accordance with this Agement in connecnon with iv; i arnctpauon in the Project_ EaLh Project Member further ages that it will rix the rates and ,:nar;es :orservices provided by its electric department so that it will at all times gave sufiicienr money in its electric „co:utment revenue funds io meet this obligation. Ille "hale II tv,-nt/ NCPA/Combentd Cz•c!e E}311BIT "B" 712/r4> CEC percentage participation of each NCPA member which has tentarively determined to be a Project Member is initially established as follows: , AIameda _ Z. .:-4;: Healdsbur, '.556 Lodi Lompoc Palo Alto _0.000 Roseville • ! :: Tota! The above participation perccntagcs shall be revised pmooruonately if less than all of the above SCPA members become Project Members, ano thereafter if and wnen any Project Memberwithdraws in whole ori^ part. Any Proiect Nu=mber uhotiv wit-hdrawing shall thereupon cease to be a Project Member for all pumoses excem for purposes of section 4 of this Agreement. Hereafter, NCPA shall demand from each and every Project Member its phare of its agreed to financial commitment on 3 concurrent basis. Any part of such demand by `CPA which remains unpaid forsixty days after its billing date shall bear interest from such sixtieth day at the reference rate of the Bank of America NT&SA then in effect, plus two percent, computed on a daily basis percent until paid. Interest m earned shall not Chan ge any Project Member's participation percentage, and shall become a pan of the working capital fund defined below. The funds advanced according to this section I shall be used to establish a working capital fund if and when approved by the Project Members, and in an mount and subject to any limitations approved by the Project :Members. Until a working capital fund is established by the Project Members, funds advanced according to this section 1 shall not be encumbered orexpended. Secdon2. Limited Rights tQ Particjp,= to Final Implementation and Fin tncin�, (a) Qisc-rnon In consideraaon of the payments provided for in secaon i of this Agreement each Project Member who has not wholly withdrawn, or who is not then to default shall have an _xclustve option to enter into a Third Phase Agreement for 3 Power Purchase Contract) for ;'hase it Agmr/NCPA/Comnirrd C-:ctc 7/2/% DEC ail or 3 part of its parnctpatio n percentage of rights to ail Project capacity and energy for use by NCPA members pursuant to this agreement. (b) j _in_EUrc,;L=. A Project Member can, at the time of entering into the Third Phase ageement, purchase more than as participation percentage of the Project if additional shares are available by reason of :he nonparticipadon in the Third Phase Agreement by one or more Project Members. Such excess shares shall be offered to those who do participate in the same proportion as their mares bear :o the total :hares of those who do participate. If Project Members so endued do not wish to contract Cor ail the .;xcess shares. such remaining excess shall be disposed of as agreed to ny the Project Members. te) C-xercise and -ffcc• of Taking The Project Members shall establish the terTns and provisions of an aurrcn:ent for n gnus to capacity and energy from the Project pnor to the expirauon of t is a ueemem. to be kzom n as the Third Phase agreement. The Project Members shall also estaoiish ire date by wnica the Third Phase Agreement must beexecuted by Project 4lembers and delivered to -NCPA if they are to participate in the Project, Failure to execute the Third Phase :\grcernent for any of its total participadon share and to deliver it to NCPA by that date or 30 days after a Project Member's receipt. whichever is later. will be an irrevocable decision on the part of that Project Member not to pardcipate in the Project. Execution and delivery of the Third Phase Agreement for less than its total participation percentage and delivery of that Project Member's executed agreement to NCPA by the dateestablished or 30 days niter meproject Member's receipt, whichever is later, -vdn likewise be an irrevocable decision on the part of that Project Member not to participate in the Project in excess of the share set forth in its delivered agreement. Supplemental agreements or other agreements will be entered into for the excess or surplus Project shares. The procedure for processing supplemental agreements shall be consistent with those prescribed immediately above in this subsection (c) for rights to Project capacity and energy. Failure to return an executed agreement for any additional Project share within the prescribed period is an irrevocable decision not to purchase such additional share. The Project Member making any herein defined irrevocable decision not to partictpate in all of its share of the Project shall be foreclosed from utilizing. and shail be rreheved of further burdens related to. the share .vhich it has declined to purchase. action 3. nirecnon `CPA shall comply ww1 all lawful -recaons of the Project Memoers with respect to this: greemen[, while f10[ SL1vCd e;r :'hase it Agmti `CI'AiCombtned L.:cle /00 CEC T nullified, to the fullest extent authorized by law. Actions of Project Members, including giving above directions to NCPA. will be taken only at meetings of authorized representatives of Project Members duly called and held pursuant to tate Ralph N!. 3mmm Act. Ordinarily, voting by rrpresentatives of Project Members wlil be on a one tremnenone vote basis. with a majority vote required for action. however, upon request of a 'Proiect Memberrepresentative, the voting on an issue will be by percentage participation -.Lttn 051 or more favorable vote necessary to carry the action. .any decision related to the Project taken by the favoran;e %ole of ,Crie.entanon of Project Members holding less than 65% of percentage panic:cauon can revised if a Project Member holding any participanon percenui-,e _eves .Nonce i)( intennon to seek such review and revision to each other Project Member within ix hours fter receiving written notice of such action. If such Notice of Intention :N %(-). ;:yen, Inv action taken specified in the notice shall be nullified unless the `C?A Comm,sstoners of Project Members holding at least 65% of the total participation percentage :nen :n effect vote :n favor thereof at a regular or specially called meeting of Project Memoers. If the Notice of Intention concerned a failure to act. such action shall nevertheiess be t :k.n if NCPA Commissioners of Project Members holding at least 65% of the total P--mc:pauon N, Percentage vote in favor thereof at a regular or specially called meeting of Project `ternoers. Section 4. Conditional Renay=nt to Members. All payments and advances made heretofore, and those hereafter made pursuant to section I of this Agreement, excluding interest paid on delinquent payments, shall be repaid to each of the entities malting such payments and advances pursuant to this Agreement out of the proceeds of the First issuance of the Project bonds which can economically provide therefor, or as and when there are sufficient funds available from partial sale of bonds, if bonds, notes, or other evidences of indebtedness arc issued to support the Project. Such reimbursements shall be made within 60 days following the sale of any Project bonds and shall include interest computed monthly at a rate equivalent to the end of the month reference rate of the Bank of America VT&SA. Any interest due under the third paragraph of section 1 of this .-agreement and unpaid shall be deducted from the repayment If NCPA determines. to complete the Project. but is not successful in obtaining all necessary approvals and :financing therefor, there shall be no reimbursement except out of unused Project funds including those then in the working, capital fund, along withal other receipts to which `CPA is entitled in connecnon with the I oject. ase It :lgmti `CP :>i Cumbin�tii C:C:e 7/2/1')CEC Section 5. Term. This agrrerrent shad take effect as of AuZ-11 .0, 1990. but only if approved by NCPA members holding 35.170 of the initial percentage participations set out 1n section I of this Agreement. or upon such later date as may be determined by `+CPA Members aiter an adjustment in the parncipa6on percentages to provide for an adequate subscription for the financial commitment required by secnon 6 of this Agreement. This Agreement shall be superseded by the Third Phase Agreement. except :hat section -t of this Agreement shall remain in effect. Changes m3v be made :n this secnon 5. except as to the continued effectivenessof section4. in accordance with section 3 ^ereof. Section 6. Rnancial Commitments. Each Project Member a_rees to a total financial commitment fir its respective percentage pgrttctpanon of a =otal of 3547.M9 principal amount plus interest thereon. if any. including payments ana .:.avances heretofore made, as authorized and approved by the Project tiieinbers. Prom rme to time as reeds arise, representatives of the Project Members may. by a favorable vote as provided in secdon 3 of this Agreement, authorize an increase in `CP.a's financial commitment which can be shown to support the completion of the Project but only alter -'0 days' wntten notice of such proposed increase has k e n given to all Project.lembers. Section 7. Assignment (3) Notwithstanding any other provision of this Agreemcnt, if NCPA requires funds to cam, out the terms of this Agreement prior to the trccipt of adequate funds fmn the Project Mattil P.rs,NCPA may, upon approval of the Project Members. assign its right to meive any paymentsunder this Agreement to a bank orother financial institution to secure a borrowing by NCPA or in exchange for an amount of money equal to the then present value of those payments as determined by NCPA. Project Members hereby consent to such assignment, and upon notification in writing, by NCPA, each such Project Member will make each suehassigned payment directly to the assignee. The assignee shall not be liable to Project Members for the amounts as assigned. and NCPA ,hall use the proceeds of such borrowing or assignment for the purposes provided in this agreement. If an assignment is mane under this section, then upon the failure of any Project .Memberto make any payment so assigned, the percentage paractpaaon of each non -defaulting Project Member shall be automatically increased for the :erTn of the assignment pro rata with that of the other non -defaulting Project Members, and the Jefauiting Project Member's Percentage Participation shall tbut only for purposes of .:omputtng the respective Percentage Participation of the non -defaulting Proj= Members) -5- i'hase H Agmt/ NUA/Combined C:cle -� �tI DEC be reduced correspondingly; provided that t sum of such increase for any non mutt:n t Project Member shall not exceed without written consent of the non-defauiung Prr-liect Mmbers an accumulated maximum of 25% of the non -defaulting Prniect Ntemt- r': original Percentage Participation. If the Project ytember fails orrefuses to pay any amounts due to NCPA, the fact that other Project titembers increase their obligations to „lake such payments shall not relieve thedefaulting Project N1 ember of its liability for such navment. and my Project ytember increasing such obligation shall have a r,r.ht of recovery `mm -he defauldng Project Member to the extent of such respective increase. In addition. NCPA may terminate the provisions of :nts :�_rerment insofar as they endue the defaulting Project Ntember to its Percentace Participation of Project output. (b) For the purposes of such assignment, `CPA may ;ix anu schedule the total amount payable by each Project Member into anv nurzaxr of '�Cnti-•tnnuai payments. not less than four nor to exceed ten. and the dates on which such payments .vtiI be made, and each Project Member agrees to abide by such schedule:. NCPA ;hail pmvicc 3 reasonable opportunity forany Project Member to prepay its total obiigstion. (c) After such an assignment is made, m Project `lemoer may avoid the obligation so assigned by withdrawal pursuant to section 3 hereof or otnerm ;e. (d) If NCPA makes an assignment pursuant to this sec non. it may transfer anv or all of its rights and duties to a nonprofit corporation formed to act on behalf of NCPA if the voting power of the members of such corpomdon is dismbuted in the same manner 3s that provided in sections 3 and 9 of this Agreement. Section 8. WilbdMwz2l From Ftirther Pardgipabon, If at any time following the execurionof this Agrtement, there is an increase in NCPA's financial commitment pursuant to section 6. Project Members may partially withdraw, i.e., from partieivadon in the increase, or may withdraw wholly frcmthe Project. Such withdrawal shall be subject to honoring any commitments made by them or on theixbehalf pursuant toauthorizauon of this Agreement. To withdraw, such Project Members shall give NCPA written notice of such withdrawal, in part or to whole, within thirty (30) days of the receipt of the notice by diem otthe increase. Section 9. ` o6n<* Ri ihts and Duranon. A Project `Member is pamcipaung for purposes of section 3 percentage voting until it completely withdraws, but a partial or complete withdrawal will result to a corresponding reduction in its percentage paruc.pauon. i' -lase it Agmt/ `UA/Combmrci C%-c!e 7/2/00 DEC When the Third Phase Agreement is executed, or revised. revised participation percentages shall be established by dividing the amount of Project share agreed b be purchased by each Project Member by the total m o u n t of Pmject shares tri be purchased by all Project Members. Ebr voting purposes and forestablishing 3 quorum in this Agreement and to the Third Phase Agreement. the 65% of percentage participation specified in sections and 10 shall be reduced by the amount that the percentageparticipation of any Pmject Member e-^eeds 35 . bur such 65% shall not be reduced below a ma;onty to interest. Section 10. O g tm penned. The presence of either a majority of the Project Nlembers. or of Project Members then having comoined vamcmatton ocrcentacc of at least 65% shall constitute 3 quorum for the purpose of action. IN WITNESS WHEREOF, each Project Member has executeu this Agreement with the approval of its governing body, and caused its official seal to he at fixed. and NCPA has authorized this Agreement in accordance with the authorization of as Commission. NORTHERN CALIFORNIA CITY OFALVNIEDA POWER AGENCY By: CITY CF HEALDSBURG By: CITY OF LONtPOC By: By: CITY OF ROSEVILLE By - By: By: CPT'Y OF LODI Bv: _ J R. (Randy) nider, M or By: Alice M. Reimehad CITY OF PALO ALTO :"base ii Agmt/ NCPA!Combint-d Curie 7/2/14) DEC AGREEMENT FOR FI1IANCING OF PLANNING AND DE'VELOPMENT AC'MVITIES FOR PURCHASE OF POWER FROM COAL RESOURCE 7h is Agreement. dated as of A„g1,-1- 1 1, '19110. by and Between Northern California PowerA.,encv, a joint powers agency of the State of California, hereinafter called *'NCPA'. and those of its members who execute tn:s A -!-.cement. hereinafter called "Project Members," witnesseft WHEREAS, ``CPA's Resource Plan for 19tX) through -'Wl) f.as-.dentttieLi ::.e economic potential for acod resourcecapable of an initial commercial upertnon Mitre wttnrn the approximate period of 1993 to 1995: and WHEREXS. NCPA and the Project Members desire to pursue pianntnz anti development activities. including the investigationofthe cost and feastbiiity of instailing such coal resource. particularly, by way of example, the Thousand Spring's Proiet:t or its equivalent in performance and economics: and WHEREAS, the cost of such planning and development acdvides for sucn resource (hereinafterreferred io as the "Project") is estimated to be 5130,1211. and WHEREAS, the Project Members desire to enter into 3 second phase agreement pursuant to the Member Service Agreements dated February 12, 1981. or successor ageements, in order to formalize their understanding regarding sharing of the benefits and burdens associated with their participation in the Project: NOW THEREFORE. the parties hereto agree as follows: Section 1. CQligarion Ft.-=.alized-P rcentage PI iQi,1211li n C-ollection and D—Numentation. Each Project Member hereby agrees to continue to pay or advance to NCPA, from its electric deparanent revenues only. its percentage share of the costs authorized by Project `lembers in accordance with this ,-\geement in Connecdon watt► ;u ;;:trticipatroR in tale Project. Each Project Ntemberr further agees that it will rix the rates .inti -liarzes :or services provided by its electric department so that it will at all times have •,unic:ent ;Honey :n its electric department revenue funds to trees this obligation. lie -��Tll(,' %C^A% hou-,jnd Z, nn`ti Coal .'Zo%lurce 7i �.-�'•� C ..:;:i I3iT IICII percentage participation ofeach NCPA member which has tentatively determined to'bea Project Member is initially established as follows: Alameda '. •1.-160170 Healdsbur; -1.1100 Lodi 1 5.-110 IC Roseville ;)GO Turlock .t;() Ukiah Total The above participation percentages shad be ,,vised propornonatety if !rss than .::i of the above NCPA members become Project Members. and thereafter if and wnen anv Project Member withdraws in wnole or in pan. A n v Project Nllcimrcr wnoliv withdrawin.; shall thereupon cease to be 3 Project Menber for all purposes except for purposes of section 4 of this Agreement. Hereafter. NCPA shdi demand from each and every Project Member its snare of Its agreed to Financial commitment on a concurrent basis. Any pan of such demand by N' CPA which remains unpaid forsixty days after its billing date shall bear interest from such sixtieth day at the reference rn a of the Bank of America NT&SA then in effect, plus two percent. computed on a daily basis percent until paid. Interest so earned shall not change any Project Member's participation percentage, and shall become 3 part of the working capital fund defined below. The funds advanced according to this section I shall be used to establish 3 working capital fund if and when approved by the Project Members. and in an m o u n t and subject to any limitations approvedby the Pzgject; Mierdoers. Until a working capital fund is established by the Project Members. funds advanced according to this section I shall not be encumbered or expended Section 2. Limited Ri!ih st to P'rticir tee In Final (treirmentation and Ftnanc;nn. (a)Diccrct:oa-LDi�ocit"o -f v Fn •^v. In consideration of the payments provided for in secnon 1 of rhis Agreement each Project Member who nas not -xhoily %withdrawn. or who is not then in default shall have an •xc!ustve ocnion to enter into a ii;ird Phase Agreement fora Power Purchase Contract) for / `x) GEC "'hs;e'1 :\,;rot/\CT':\i�iousand �Cnn�s C.!al Resource • - all or a pan of its participation percentage of rights to ail Projeetcapacity and energy for use by NCPA members pursuant to this Agreement. (b) Increase in Purch:t� �. A Project .%terzber.mn. at .he time of entering, into the Third Phase Agreement. purchase more than its participation percenta�_e of thc; Project if additional sharesarc available by reasonof the nonpamcipadon in the Third Phase Agreement by one or more Project Members. Such excess shares shall be offered to those who do participate in the same propornon as their <hares -car to the :otai :hare. of those who do participate. If Project Ntembers soentideo do nor ..k isn :o contract :Ou all :::e excess shares. such mmainina excess shall be disposed of as stinted :o n�. :::e P-f-)'ect Members. (c) Eretc:re and Effect of Tak:r,(, Liss r::tale^gent. "ie Project Members shall establish the teens and provisions ot an ;t:.er^tent for rants :o capacity and energy from the Project prior to the expiration of this A-Zreei::enc 1.0 ne .know n as the Third Phase Agreement. The Project `lembers shail also estawish -,!Ie ,:ate av a ntc:l tate Third Phase Agreement must be executed by Project `lemoers and deli,erea ;o NCPA if they are to participate in the Project. Failure to execute the Third Phase Agreetrent for any of its total participation share and to deliver it to NCPA by that date or '0 days after a Project Member's receipt, whichever is later. will be an irrevocable decision on :t:e t,at- of that Project Member not to participate in the Project. Execution and de'.iver: or the i!tird Phase Agreement for less than its total participation percentage and delivery of that Project Member's executed agreement to NCPA by the date established or 30 (:. ys after the Project Member's receipt. whichever is later, will likewise be an irrevocable decision on the pan of chat Project Member not to parricipate in the Project in excess of the share set forth in its delivered agreement. Supplemental ag)r,• ents or other agreements will be entered into for the excess or surplus Project shares. l ne procedure for processing supplemental agreements shall be consistentwith those prescribed immediately above in this subsection (c) fix rights to Project capacity and energy. Failure to return an executed agreement for anv additional Project share within the prescribed period is an irrevocable decision not to purchase such additional share. The Project Member making m y herein defined irrevocable decision not to participate in all of its share of the Project shall be :breclosed from utilizing, and snail be relieved of further burdens related to. the share .vhich it has declined to purchase. Section 3. Lis{r^er Direcnon .r:l.t ZevtC•v. NCPA ,hail comply all lawful arecaons of :he Project Nlemoers with resLxcct to this :\areetnent. while not ,tayed or .'hase !1 Agmt/ NC.PA/Thouvn.l Springs Coal Re ource 2/1') Ci_C nullified, iho the fullest extent authorized bylaw. Actions of Project Nb rabem, including giving above directions to NCPA. will be taken only at meenngs of authorized j representatives of Project Members duly called and held pursuant to the Ralph M. Brown I Act. Ordinarily, voting by representatives of Project %lembers will be on a one ;rember/one vote basis, viih 3 majority vote required for action, however. upon request of 3 Project Member representative. the voang on an issue will be by percentage participation with 65% or more favorable vote necessary to carry the acuon. Any decisionrelated to the Project taken by the favorable vete of representation of Project Members holding less than 6517o of percentage participation can be reviewed and revised if a Project Member holding any participation pc�:centai;e gives Notice Of Intention to seek such review and revision to each other Project Nlember within -11 hom after receiving written notice of such action. If such Notice of Intennon is sop vin, any action taken specified in the notice shall be nullified, finless the NCPA Commissioners of Project Members hoiding at least 65% of ;he total participation pmentage tnrn to effect vote in favor thereof at a regularorspecially called meeting of Projec : ,�lemoers. if ttie `onceot intention concerned 3 failure to act, such action shall nevertheless be t :ken if 'CPA Commissioners of PmjeetMembers holding at least 65% of the total Participation Percentage vote in favorthereof A a regular or speeiallycailed meeting of Project Members. Section 4, Condfdonal Revavmeni rn Members. All payments and advances trade heretofore, and those hereafter made pursuant to section 1 of this Agreement. excluding interest paid on delinquent payments, shall be repaid to each of the entities making such payments and advances pursuant to this Agreement out of the proceeds of the First issuance of the Project bonds which can economicallyprovide therefor, or a and when there are sufficientfundsavailable from partial sale of bonds. if bonds, notes, or other evidences of indebtednessare issued ID support the Project. Such reimbursements shall be made within 60 days followingthe sale of any Project bonds and shall include interest computed nmtUy at 3 rate equivalent to the end of the > reference rate of the Bank of America NTSBA. Any interest due under the third parai;;aph of _ecuon 1 of this Agreement and unpaid shall be deducted from the repayment. If NC TA de.ermines to complete the Project, but is not successful in obtaining :ill necessary approvals and :inancing therefor, there shall be no re;mnursCment except out of unused Project funds :ncluding those then in the work-in4 capital fund. along wim all Other receipts to which NCPA is entitled in connection with the Pmject. :'base 11 .> mt/tiCPA/Thousand Spnn�;s L.)al Rc-sourcc 7/_; rt) C, EC Section 5. Term. This Agreement shall take effect as of.August _tl, 1990. but only if approved by NCPA members boldin; $��o of the tr;tial percentage participations set out in section I of this Agreement. or upon such later date -,,is may he determined `,v NCPA ,Ylembers :titer an adjustment in the participation petrentages to provide for inadequate subscription for the financial commitment required by rection o of this AzTeement. This Agreement shall be superseded by the Third phase Agreement. except that scc, ion •t of this Agreement shall remain in effect. Changes may be made in :,tics <ectam 5. except as to the continued effectiveness of section-:, to accordance with secuon ; hereof. Section 6. Fnan�Commitments, Each Prnject x1tat I- commitment for its respective percentage participation of a :oral -. 1 '0 1. t principal amount plus interest thereon, if any. including payments and :utvances heretofore made, as authorized and approved by the Project Memoers.ram :tme :o time as needs arise, representatives of the Project Members may, by a ;avo,ra0.Lt: vote as provided in section 3 of this Agreement, authorize an increase in NCPA's tmaricial commitment wnich can be shown to support the completion or the Project but only after :0 gars' written notice of such proposed increase has been given to all Proiect Nlemvers. Section 7. Aasignment 131 Notwithstanding any other provision of :his A,re.rnent, if NCPA requires funds to carry out the knm of this Agreement prior :o the receipt of adequate funds from the Project Members, NCPA may. upon approval of the Project Members. assign its right tD receive any payments under this Agreement to a bank or other tinanci.al institution iosecure a borrowing by NCPA or in exchange for an amount of money equal lo the then present value of those payments as determined by N'CPA. Project Members hereby consent to such assignment, and upon notification in writing by NCPA. each such Project Member w i I I make each such assigned payment directly to the assignee. The assignee shall not be liable to Project Members for the amounts as assigned. and NCPA shall use the proceeds ofsuch borrowingor assignment for the purposes provided in this Agreement. If an assignment is maple under this section, then upon the failure of any Project Member to make any payment so assigned, the percentage pamcipa6on of each .ton -defaulting Project lytember shall be automatically increased for the term of the assignment pro rata with that of the othernon-defaulting Pmlect Members, and the :efsuiting Proiect ytember•s Percentage Paruc:pation snail (but oniv forpurposes of _ompuung the respective Percentage Panic,panon of the ion dcfauiang 1' oleo Membri .'hase H .Agmti NCPA/Thousand Spnngs CL)a! Rrsource 7/Z/�t3 CEC P be reduced correspondingly: provided that the sum of such increase for any non•defaultin; Project Member shall not exceed without written consent of the non-defauldn g Project Nfembers an accumulated maximum of 25% of the non-defauldn, Project %Iemtx r*i original PercenugeParticipabon. If the Project Member fails or refuses to pay any amounts due to NCPA. the fact that other Project Ntembcrs increase their obligations to make such payments shall not relieve the defaulting Project Memberof its liability forsucn 1—ayments and any Project Member increasing such obligation shall have a ngnt of recovery ::rm zte defaulting Project Member to the extent of such respective increase. In addition. NCPA m3y terminate the provisions of ;his A _ mernent insofar as they entitle the defaulting Project Member to tts Percentage Participation of Project output. tb) For tne purposes of such assignment. NCPA may ;ix anti schedule the total amount payable by each Project Member into any nurnoer of seem -annual payments. riot less than four nor to exceed ten, and the dates on wnien such payments will be made, and each Project Nfember agrees to abide by such schedule. NCPA shall provide a reasonable opportunity forany Project Member to prepay its total obiigaaon. (c) .-after such an assignment is made. no Project `lember may avoid the obligation so assigned by withdrawal pursuant to secuon 8 hereof or otherwise. (d) If NCPA makes an assignment pursuant to this section. it may transfer nYry or all of its rightsand duaes to a nonprofit corporadon formed to act on behalf of NCPA if the voting power of the members of such corporation is distributed in the same manner as that provided in sections 3 and 9 of this Agreement. Section 8. Withdrawal From Further Psrticinatior . If at any time following the execution of this Agreement, there is an increase in NCPA's Financial commitment pursuant to section 6, Project Members may partially withdraw, i.e., fmn parucipadon in the increase, or may withdraw wholly f=nthe Project. Such withdrawal shah be subject to honorin, any comrrutments made by than or on their behalf pursuant to authorisation of this Agreement. To withdraw, such Project `Members shall give NCPA wntten nonce of such withdrawal. in pan or in whole. within shim (3.50) clays of :he receipt of the notice by :nem of the increase. Section 9. vn n!! [Z�-.n e p uI; lm- A Project Member is parne.paung for :)urooses of section 3 percentage voung until it completely withdraws, but a partial or :ompiete vithdrawal will result to a corresponaing reducoon in its perc:entai e participation. -hiss ii :kgmti NCPA/Thousanul ,7Fnn,s Ljal i:esource "to DEC When the Third Phase Agreement is executed. or revised. revised participation percentages shall be established by dividing the amount of Project share agreed to b e purchased by each Project Member by the total amount of Project shares to be purchased by all Project Members. For voting purposes and for establishing a cjxzm in this Agreement and in the Third Phase Agreement, the 65% of percentage participation specified in sections 3 and 10 shall be reduced by the amount that the percentage participation of any Project Member exceeds 35%. but such 65%shall not be reduced below a majority in interest. Section 10. Ouorum Defined The presence of either a majority of the eProject Members. or of ProjectN s then having 3 combined paructpanon percentage of at least 65%shall constitute a qrm=n for the pmpose of action. IN WTTNESS WHEREOF,each Project Member has executed this Agreement with the approval of its governing body, and caused its official seal to be affixed. and SCPA has authorized this Agreement in accordance with the authorization of its Commission. NORTHERN CALL ORV"IA POWER AGENCY By: CITY OF HEALDSBURG By: CITY OF LONIPOC By: TU RLOC K IRRIGATION DISTRICT 3v: 3y- -7 - Phase II Agmt/ NCPA /Thousand Spnngs Coal Resource CITY OF AI..AMEDA By: CITY OF LODI By: ' J n R. (RandZ) Snid r, .Mayor By: Alice M. Rei he, City Clerk CITY CF ROSEVLLLE By: By: CITY OF U KIAH nv: By: 7/2/90 CEC