HomeMy WebLinkAboutAgenda Report - March 20, 1985 (37)CITY Oxwn MEETING
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MUOi 20, 1985 fi
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AAE\IIiIF--\T TO WAPA
Following introduction of the matter by Utility Director Rice
CICNTRACr PROVIDING and discussion, with questions being posed by the Council,
17GZ "REAL-TIME"
Council, on motion of Council blerrber Reid, Hinchman second,
SCHEDULI`:G
adopted Resolution No. 85-41 amending the 11'APA Contract,
APPROVED
thereby providing for "real -time" scheduling and authorizing
the Mayor and City Clerk to execute the Agreement on behalf
RFS. NO. 85-41
of the City.
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CITY COUNCIL
JOHN R. (Randy) SNIDER, Mayor
DAVID M. HINCHMAN
Mayor Pro Tempore
EVELYN M. OLSON
JAMES W. PINKERTON. Jr.
FRED M. REID
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C
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
POST OFFICE BOX 320
LODI, CALIFORNIA 95241
(209) 334-,-634
March 26, 1985
Mr. David G. Coleman
Area Manager
Department of Energy
Western Area Power Administration
Sacramento Area Office
2800 Cottage Way
Sacramento, California 95825
Re: N6115
Dear Mr. Coleman:
HENRY A. CLAVES; Jr.
City Manager
ALICE M. REIMCHE
City Clerk
RONALD M. STEIN
City Attorney
Enclosed please find Amendment No. 2 to Contract No. DE-
MS65-82WP59015 - United States Department of Energy Western
Area Power Administration Central Valley Project, California -
Supplemental Contract for Electric Service to the City of
Lodi which was approved by the Lodi City Council at its
Regular Meeting of March 20, 1985.
Also enclosed please find certified copy of Resolution
No. 85-41, the authorizing Resolution.
Please return a fully executed copy of the subject Amendment.
at your earliest convenience.
If you have any questions, please do not hesitate to
call this office.
Very truly yours,
ALICE M. REIMCHE
City Clerk
Encls.
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Amendment No. 2 to
Contract No. DE-MS65-82WP5901 5
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
CENTRAL VALLEY PROJECT, CALIFORNIA
SUPPLEMENTAL CONTRACT FOR ELECTRIC SERVICE TO
CITY OF LODI
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Amendment No. 2 to
Contract No. DE-MS65-82WP59015
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
Central Valley Project, California
SUPPLEMENT TO CONTRACT FOR ELECTRIC SERVICE
TO CITY OF LODI, CALIFORNIA
1. This contract amendment made this day of
1984, in pursuance of the Act of Congress approved June 11, 1902 (32
Stat. 388), the Act of Congress approved August 26, 1937 (50 Stat. 844,
1850), the Act of Congress approved August 4, 1939 (53 Stat. 1187), the
Act of Congress approved August 12, 1955 (69 Stat..719), the Act of
I
Congress approved October 23, 1962 (76 Stat. 1173, 1191), and the Act of
Congress approved August 4, 1977 (91 Stat. 565), and acts amendatory
(thereof or supplementary 'thereto, between THE UNITED STATES OF AMERICA,
'Department of'Energy, Western Area Power Administration, hereinafter
called the United States, represented by the officer executing this
contract, a duly appointed successor or a duly authorized
representative, hereinafter called the Contracting Officer, and the CITY
OF LODI, CALIFORNIA, a municipal corporation hereinafter called the
Contractor represented by the officer executing this contract amendment,
his fully appointed successor, or his duly authorized representative,
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WITNESSETH:
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2. WHEREAS, under Appendix E (Letter Aqmenefati. steal -Time
4
Scheduling) dated July 22, 1983, of the Xiirl:tegrm C&litfa-ai.a Power
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Agency - Pacific Gas and Electric Compamy Lortemzwecttiaa Agreement
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dated September 14, 1983, the Western Area; Powe'ir• A'dirrtnviastraatiion and the
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Northern California Power Agency may deavw.:T, p;rrtoa n"s for their own
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contracting and operating purposes in orl4w- tA&T the. ftwthern Cal i forni a
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Power Agency may schedule the Central V&P.I y R',m- Eect MVIP). capacity and: {
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energy on a real-time basis; and i
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3. WHEREAS, this Amendment fulfni•l;s; tl@, r:erqx1m. metes of ileal -Time
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( Scheduling with respect to the procedures to he ff*ITc I aaa, the'
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scheduling and accounting of capacity aqui ewnmy tararasm! tted by the
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United States over the CVP facilities aid fa0llfties ofthe pacific:.
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Gas and Electric Company for the Northmm trinfex*,rrna. Pmer Agency as the;.
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agent for the Contractor; and
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4. WHEREAS, the United States antip:ra.tr$r have agreed to
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replace the language of Article 14 of the Sales Cbntract No. DE 1,
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MS55-82WP59015.
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NOW, THEREFORE, in consideration,af tip rmtmaT covenants herein set:-
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forth, the parties thereto agree as foli!rrs:
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(IN WITNESS "WHEREOF, the parties hereto have caused.this amendment
!contract to be executed the day and year first above written.
1�
`TO FORM:
ty Attorney
ATTEST:
City Clerk
THE UNITED STATES OF AMERICA
By
Title Area Manager
Address 1825 Bell Street
CITY OF LODI, CALIFORNIA
By
Title Mayor
Address 221 W. pig
Lodi. California 457dn
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TERM OF AMENDMENT
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3 5. This contract amendment shall become effective on March 1,
4 1985, and shall remain in effect concurrently with the Contract No. DE -
5 MS65-82WP59015, as amended or supplemented.
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7 POWER AND ENERGY DELIVERIES
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9 6. Article 14 of Contract No. DE-MS65-82WP59015 shall be replaced
10 with the following language as set forth below.
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12 "14. All deliveries of CVP capacity and energy by the United
13 States to the Contractor shall be in accordance with the procedu res.set
14 forth in the Contract For Scheduling Service To The Northern California
15 Power Agency (No, DE-M065-85WP59098) as may be modified or superseded.
16 For the purpose of this agreement, the Northern California Power Agency
i7 shall be the duly authorized scheduling agent for the Contractor. If
11; said contract is terminated, deliveries of CVP capacity and energy shall
19 be billed (Exhibit C) on an estimated basis until such time that
20 arrangements to bill on metered quantities can be instituted."
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Amendment No. 2
Contract No. DE-MS65-82WP59015
EXHIBIT C
(OPERATING AGREEMENT INCLUDING QUANTITATIVE DETERMINATIONS)
1. This Exhibit C, made this day of , 19 to be
effective under and as a part of Contract No. DE-MS65-82WP59415, dated
February 24, 1982, (hereinafter called the Contract), shall become
effective on the first day of the billing period and shall
remain in effect until superseded by another Exhibit C; Provided, That;
(a) Section I of this Exhibit C shall terminate upon the termination
of Contract No. DE-M065-85WP59098. Upon the date of termination
of said contract, Section II of this Exhibit C shall become
effective and binding until a new Exhibit C is executed.
(b) It is recognized that the Contractor may desire to change its
electric service arrangements from time to time and that appro-
priate modifications may be required in the Exhibit C. Accord-
ingly, the parties will consider a revision to the exhibit if and
when the Contractor desires to change its arrangements, the
United States reserving specifically the right to terminate this
Exhibit C and require the substitution of a.new exhibit in the
event that the electric service arrangements of the Contractor
are altered so that this exhibit no longer is in accordance with
the altered arrangements or the principles set forth in the
Contract.
Contractor's System Req uirements
2. The System Definitions and Billing Determinations set forth in this
Operating Agreement are based upon the understanding of the parties that
the Contractor's electric service arrangements are such that its system
requirements are being supplied from the following sources only;
(a) Firm power service from the United States.
(b) Power service from other suppliers.
�c) Power Service from the Contractor's own sources.
Section I
System Definitions - Scheduling Service
3. (a) The maximum demand for billing purposes shall be the maximum
scheduled half hour delivery -of energy to the Contractor by the
Northern California Power Agency (NCPA) during the billing
period, not to exceed the contract rate of delivery as set forth
in Exhibit B, and adjusted in accordance with Rate Schedule
CV-TPT1.
(b) The total energy for billing purposes shall be the absolute half
hour sum of the amounts of energy scheduled to the Contractor by
NCPA during the billing period, adjusted in accordance with Rate
Scnedule CV-TPTI.
Billing Determinations - Scheduling Service
4. (a) The Contractor shall pay for all power and energy scheduled here-
under to its system during such period at the rate provided for
in Article 13 of this contract.
(b) The billing period shall be from 0000 on the first day of the
month to 2400 on the last day of the month. The schedules of
half-hourly energy to the Contractor by the Northern California
Power Agency (KCPA) shall be based upon data provided to the
Contracting Officer prior to the fifth working day each month,
NCPA shall provide the United States with a complete half-hourly
breakdown of its past month's schedules showing deliveries of
power from the United States to the Contractor.
SECTION II
(To be implemented upon termination of Contract No. DE-M065-85WP59098)
System Definitions - Metered Service
5. (a) The Contractor's System Demand for any billing period shall be
the sum, for the 30 -minute interval in which the sum is largest,
of the 30 -minute integrated demands established during the
billing period.at the point(s) of delivery as measured and
adjusted if necessary in accordance with Exhibit A, and of the
30 -minute integrated demands established during the billing
period at any point(s) of delivery at other than those where the
United States makes deliveries.
(b) The Contractor's System Energy Requirements for any billing
period shall be the sum total of energy delivered during the
billing period at the point(s) of delivery, as measured and
adjusted if necessary in accordance with Exhibit A, and at the
points of delivery at other than those where the United States
makes deliveries.
Billing Determinations - Metered Service
6. .(a) The billing demand and energy billed for power service in any
billing period in which the Contractor's System Demand is equal
to or less than the contract rate of delivery as set forth in
Exhibit B, the Contractor shall pay for all power and energy
-delivered hereunder to its system during such period at the rate
•provided for in Article 13 of this contract.
C(b) (1) The billing demand for firm power service in any billing
period in which the Contractor's System Demand is larger
than the contract rate of delivery as set forth in
Exhibit B, the Contractor shall pay for electric service at
the rate provided for in Article 13 using the effective
contract rate of delivery set forth in Exhibit B, as the
billing demand:
(2) The energy billed for firm power service in any billing
period in which the Contractor's System Demand is larger
than the contract rate of delivery, as set forth in
Exhibit B, shall be determined by the following formula:
Energy Billed - A x C
Where: A = The maximum contract rate of delivery for firm
power serv1c a as established by Exhibit B, of the
contract.
B = Contractor's System Demand as determined pursuant
to paragraph 5(a), Section II.
C = Contractor's System Energy Requirements as deter-
mined pursuant to paragraph 5(b), Section II.
',e
THE UNITED STATES OF AMERICA
By
Title
Address
CITY OF LODI�/�
By
Title Mayor
Address 221 W. Pine Street,
Lodi, California 95240
RESOLUTION APPROVING AMENDMENT NO. 2 TO CONTRACT NO.
DE-MS65-82WP59015 UNITED STATES DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY
PROJECT, CALIFORNIA - SUPPLEMENTAL CONTRACT FOR
ELECTRIC SERVICE TO THE CITY OF LODI
RESOLVED that the City Council of the City of Lodi does
hereby approved Amendment No. 2 to Contract No. DE-MS65-82WP59015
United States Department of Energy Western Area Power
Administration Central Valley Project, California - Supplemental
Contract for- Electric Service_ to the City of Lodi a copy of which
is attached hereto, identified as Exhibit A and thereby made a part
hereof.
BE IT, FURTHER- RESOLVED that the Mayor and City Clerk are
hereby authorized to execute the subject document on behalf of the
City of Lodi.
Dated: March 20, 1985
I hereby certify that Resolution No. 85-41
was passed and adopted by the City Council
of the City of Lodi in a regular meeting
held March 20, 1985 by the following vote:
Ayes: Council Members - Pinkerton, Reid
Hinchman, Olson,
and Snider (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Alice M. Reimche
City Clerk
85-41
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Amendment .No...2- to
Contract No. DE-MS65-82WP59015
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UNITED STATES
DEPARTMENT OF ENERGY
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WESTERN AREA POWER ADMINISTRATION
CENTRAL VALLEY PROJECT., CALIFORNIA
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SUPPLEMENTAL CONTRACT FOR ELECTRIC SERVICE TO
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CITY OF LODI
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I Article
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Preamble 1
Explanatory Recitals 2
Term of Amendment 3
Power and Energy Deliveries 3
Signature Clause
Amendment No. 2 to
Contract No. DE-MS65-82WP59015
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
Central Valley Project, California
SUPPLEMENT TO CONTRACT FOR ELECTRIC SERVICE
TO CITY OF LODI, CALIFORNIA
1. This contract amendment made this day of ,
1984, in pursuance of the Act of Congress approved June 17, 1902 (32
Stat. 388), the Act of Congress approved August 26, 1937 (50 Stat. 844,
850), the Act of Congress approved August 4, 1939 (53 Stat. 1187), the
Act of Congress approved August 12, 1955 (69 St9t..719), the Act of
Congress approved October 23, 1962 (76 Stat. 1173, 1191), and the Act of
Congress approved August 4, 1977 (91 Stat. 565), and acts amendatory
thereof or supplementary `thereto, between THE UNITED STATES OF AMERICA,
Department of Energy, Western Area Power Administration, hereinafter
called the United States, represented by the officer executing this
contract, a duly appointed successor or a .duly authorized
representative, hereinafter called the Contracting Officer, and the CITY
OF LODI, CALIFORNIA, a municipal corporation hereinafter called the
Contractor represented by the officer executing this contract amendment,
his fully appointed successor, or his duly authorized representative,
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Amendment No. 2 to
Contract No. DE-MS65-82WP59015
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
Central Valley Project, California
SUPPLEMENT TO CONTRACT FOR ELECTRIC SERVICE
TO CITY OF LODI, CALIFORNIA
1. This contract amendment made this day of ,
1984, in pursuance of the Act of Congress approved June 17, 1902 (32
Stat. 388), the Act of Congress approved August 26, 1937 (50 Stat. 844,
850), the Act of Congress approved August 4, 1939 (53 Stat. 1187), the
Act of Congress approved August 12, 1955 (69 St9t..719), the Act of
Congress approved October 23, 1962 (76 Stat. 1173, 1191), and the Act of
Congress approved August 4, 1977 (91 Stat. 565), and acts amendatory
thereof or supplementary `thereto, between THE UNITED STATES OF AMERICA,
Department of Energy, Western Area Power Administration, hereinafter
called the United States, represented by the officer executing this
contract, a duly appointed successor or a .duly authorized
representative, hereinafter called the Contracting Officer, and the CITY
OF LODI, CALIFORNIA, a municipal corporation hereinafter called the
Contractor represented by the officer executing this contract amendment,
his fully appointed successor, or his duly authorized representative,
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Amendment No. 2 to
Contract No. DE-MS65-82WP59015
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
Central Valley Project, California
SUPPLEMENT TO CONTRACT FOR ELECTRIC SERVICE
TO CITY OF LODI, CALIFORNIA
1. This contract amendment made this day of ,
1984, in pursuance of the Act of Congress approved June 17, 1902 (32
Stat. 388), the Act of Congress approved August 26, 1937 (50 Stat. 844,
850), the Act of Congress approved August 4, 1939 (53 Stat. 1187), the
Act of Congress approved August 12, 1955 (69 St9t..719), the Act of
Congress approved October 23, 1962 (76 Stat. 1173, 1191), and the Act of
Congress approved August 4, 1977 (91 Stat. 565), and acts amendatory
thereof or supplementary `thereto, between THE UNITED STATES OF AMERICA,
Department of Energy, Western Area Power Administration, hereinafter
called the United States, represented by the officer executing this
contract, a duly appointed successor or a .duly authorized
representative, hereinafter called the Contracting Officer, and the CITY
OF LODI, CALIFORNIA, a municipal corporation hereinafter called the
Contractor represented by the officer executing this contract amendment,
his fully appointed successor, or his duly authorized representative,
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Amendment No. 2 to
Contract No. DE-MS65-82WP59015
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
Central Valley Project, California
SUPPLEMENT TO CONTRACT FOR ELECTRIC SERVICE
TO CITY OF LODI, CALIFORNIA
1. This contract amendment made this day of ,
1984, in pursuance of the Act of Congress approved June 17, 1902 (32
Stat. 388), the Act of Congress approved August 26, 1937 (50 Stat. 844,
850), the Act of Congress approved August 4, 1939 (53 Stat. 1187), the
Act of Congress approved August 12, 1955 (69 St9t..719), the Act of
Congress approved October 23, 1962 (76 Stat. 1173, 1191), and the Act of
Congress approved August 4, 1977 (91 Stat. 565), and acts amendatory
thereof or supplementary `thereto, between THE UNITED STATES OF AMERICA,
Department of Energy, Western Area Power Administration, hereinafter
called the United States, represented by the officer executing this
contract, a duly appointed successor or a .duly authorized
representative, hereinafter called the Contracting Officer, and the CITY
OF LODI, CALIFORNIA, a municipal corporation hereinafter called the
Contractor represented by the officer executing this contract amendment,
his fully appointed successor, or his duly authorized representative,
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2s
WITNESSETH:
2. WHEREAS, under Appendix E (Letter Agreement Real -Time
Scheduling) dated July 22, 1983, of the Northern California Power
Agency - Pacific Gas and Electric Company Interconnection Agreement
dated September 14, 1983, the Western Area Power Administration and the,
Northern California Power Agency may develop procedures for their own
contracting and operating purposes in order that the Northern California
Power Agency may schedule the Central Valley Project (CVP) capacity and
energy on a real-time basis; and
3. WHEREAS, this Amendment fulfills the requirements of Real -Time
Scheduling with respect to the procedures to be followed in the
scheduling and accounting of capacity and energy transmitted by the
United States over the CVP facilities and the facilities of the Pacific
Gas and Electric Company for the' Northern California Power Agency as the.
agent for the Contractor; and
4. WHEREAS, the United States and the Contractor have agreed to
replace the language of Article 14 of the Power Sales Contract No. DE-
MS65-82WP59015.
NOW, THEREFORE, in consideration of the mutual covenants herein set
forth, the par -ties thereto agree as follows:
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TERM OF AMENDMENT
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5. This contract amendment shall become effective on Ma rch 1,
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1985, and shall remain in effect concurrently with the Contract No. DE-
5.
MS65-82WP59015, as amended or supplemented.
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POWER AND ENERGY DELIVERIES
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6. Article 14 of Contract No. DE-MS65-82WP59015 shall be replaced -
1 -10
with the following language as set forth below.
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"14. All deliveries of CVP capacity and energy by the United
13 .'States
to the Contractor shall be in accordance with the procedures. set :-
14
forth in the Contract For Scheduling Service To The Northern California ``_
15
Power Agency (No. DE-M065-85WP59098) as may be modified or superseded.
16
For the purpose of this agreement, the Northern California Power Agency -
17
shall be the duly authorized scheduling agent for the Contractor. If
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said contract is terminated, deliveries of CVP capacity and energy shall
ig
be.billed (Exh.ibit C) on an estimated basis until such time that
20-.
arrangements to bill on metered quantities can be instituted."
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1 -IN WITNESS. WHEREOF, the parties hereto have caused this ameroament
2 contract to be executed the day and year first above written.
3
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5 THE UNITED STATES OF AMERICA
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By
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11 AGREED AS TO FORM:
City Attorney
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14 ATTEST:. ..._
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City Clerk
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Title Area Manager
Address 1825 Bell Street
Sacramento, CA 95825
Amendment No. 2
Contract No. DE-MS65-82'W P59O15..
EXHIBIT C
(OPERATING AGREEMENT INCLUDING QUANTITATIVE DETERMINATIONS)
1. This Exhibit C, made this day of 19 , to be
effective under and as a part of Contract No. DE-MS65-821059015, dated
February 24, 1982, (hereinafter called the Contract), shall become
effective -on the first day of the billing period and shall
remain in effect until sup3rseded by another Exhibit C; Provided, That;
(a) Section I of this Exhibit C shall terminate upon the termination
of Contract No. DE-MO65-85WP59O98. Upon the date of termination
of said contract, Section II of this Exhib,t C shall become
effective and binding unt.il a new Exhibit C is executed.
(b) It is recognized that the Contractor may desire to change its
electric service arrangements from time to time and that appro-
priate
ppropriate modifications may be required in the Exhibit C. Accord-
ingly, the parties will consider a revision to the exhibit if and
when the Contractor desires to change its arrangements, the
United States reserving specifically the right to terminate this
Exhibit C and require the substitution of a new exhibit in the
event that..the electric service arrangements of the Contractor
are altered so that this exhibit no longer is in accordance with
the altered arrangements or the principles set forth in the
Contract.
Contractor's System Requirements
2. The System Definitions and Billing Determinations set forth in this
Operating Agreement are based upon the understanding of the parties that
the Contractor's electric service arrangements are such that its system
requirements are being supplied from the following sources only:
(a) Firm power service from the United States.
(b) Power service from other suppliers.
(c) Power Service from the Contractor's own sources.
Section I
System Definitions - Scheduling Service .
3. (a)
The maximum demand for billing purposes shall be the maximum
scheduled half hour delivery of energy to the Contractor by the
Northern California Power Agency (NCPA) during the billing
period, not to exceed the contract rate of delivery as set forth
in Exhibit B, and adjusted in accordance with Rate Schedule
CV-TPT1.
.4�1M�w.. ... _....:. _. ..... �__�1•.ab'};-R:py ............. ....moo..-...:...-.
r
(b) The total energy for billing purposes shall be the absolute half
hour sum of the amounts of energy scheduled to the Contractor by
NCPA during the billing period, adjusted in accordance with Rate
Scnedule CV-TPT1.
Billing Determinations - Scheduling Service
4. (a) The Contractor shall pay for all power and energy schedul,?d here-
under to--its-system during such period at the rate provided for
in Article 13 of this contract.
(b) The billing period shall be from 0000 on the first day of the
month to 2400 on the last day of the month. The schedules of
half-hourly energy to the Contractor by the Northern California
Power Agency (NCPA) shall be based upon data provided to the
Contracting Officer prior to the fifth working day each month,
NCPA shall provide the United States with a complete half-hourly
breakdown of its past month's schedules showing deliveries of
power from the United States to the Contractor.
SECTION II
(To be implemented upon termination of Contract No. DE-M065-85WP59098)
System Definitions - Metered Service
5. (a) The Contractor's System Demand for any billing period shall be
the sum, for the 30 -minute interval in which the sum is largest,
of the 30 -minute integrated demands established during the
billing period.at the point(s) of delivery as measured and
adjusted if necessary in accordance with Exhibit A, and of the
.30 -minute integrated demands established during the billing
period at any point(s) of delivery at other than those where the
United States makes deliveries.
(b) The Contractor's System Energy Requirements for any billing
.period shall be the sum total of energy delivered during the
.billing period at the point(s) of delivery, as measured and
adjusted if necessary in accordance with Exhibit A, and at the
points of delivery at other than those where the United States
makes deliveries.
Biliinq Determinations - Metered Service
6. (a) The billing demand and energy billed for power service in any
billing period in which the Contractor's System Demand is equal
to or less than the contract rate of delivery as set forth in
Exhibit B, the Contractor shall pay for all power and energy
.delivered hereunder to its system during such period at the rate
provided for in Article 13 of this contract.
The billing demand for firm power service in any billing
period in which the Contractor's System Demand is larger
than the contract rate of delivery as set forth in
Exhibit B, the Contractor shall pay for electric service at
the rate provided for in Article 13 using the effective
contract, rate of delivery set forth in Exhibit B, as the
billing demand:
(2) The energy billed for firm power service in any billing
period in which the Contractor's System Demand is larger
than the contract rate of de; i very, as set forth in
Exhibit B, shall be determined by the following formula:
Energy Billed -AxC
Where: A.= The maximum contract rate of delivery for firm
power service as established by Exhibit B, of the
contract.
B = Contractor's System Demand as determined pursuant
to paragraph 5(a), Section II.
- C = Contractor's System Energy Requirements as deter-
mined pursuant to paragraph 5(b), Section II.
THE UNITED STATES OF AMERICA
By
Title
Address
CITY OF LODI
By
Title
Address
RESOLUTION NO. 85-41
RESOLUTIONAPPROVING AMENDMENT NO. 2 TO CONTRACT NO.
DE-MS65-82WP59015 UNITED STATES DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY
PROJECT, --CALIFORNIA - SUPPLEMENTAL CONTRACT FOR
ELECTRIC SERVICE TO THE CITY OF LODI
RESOLVED that the City Council of the City of Lodi does
hereby approved Amendment No. 2 to Contract No. DE-MS65-82WP59015
United States Department of Energy Western Area Power
Administration Central Valley Project, California - Supplemental
C.on.ract for Electric Service to the City of Lodi a copy of which
is attached hereto, identified as Exhibit A and thereby made a part
hereof.
HE IT_..F.URTHER..RESOLVED that the Mayor and City Clerk are
hereby authorized to execute the subject document on behalf of the
City of Lodi.
Dated: March 20,1985
I hereby certify that Resolution No. 85-41
was passed ani adopted by the City Council
of the City of Lodi in a regular meeting
held March 20, 1985 by the following vote:
Ayes: Council Members - Pinkerton, Reid
Hinchman, Olson,
and Snider (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Alice M. Reimche
City Clerk
85-41
�,,�
=e �, <.
yAtWIN
,%rampaign Highlights
_Many local government officials will join with Governor George Deukmejian in
proclaiming April 15-20, 1985 as Earthquake Preparedness Week.
- State and local Offices of Emergency Services, along with other agencies,
will disseminate news clips and public service announcements to the media.
These PSA's feature Governor Deukmejian and Yogi Bear.
- Yogi Bear, the official 'Be -Prepared Spokesbear", will make personal appear-
ances throughout the state and will 'speak* to individuals about earthquake
preparedness on a special toil -free number. Watch for his pamphlets,
posters, stickers and billboards.
A 'shaking ' van will schedule stops in California's shopping malls and at
elementary schools to give participants 'earth -shaking' rides.
- Safeway Stores will set up preparedness displays of emergency foods and
supplies.
- Other major grocery stores will distribute grocery bags printed with earth-
qua}:•e preparedness tips.
- Major hardware store chains will display tools, equipment and techniques on
how to secure potential home hazards.
- Girl Scout chapters will distribute earthquake preparedness literature and
conduct hazard hunts in local neighborhoods.
- Various elementary schools, major corporations, and government agencies will
demonstrate evacuation drills and emergency procedures.
As you can see, the Statewide Earthquake Campa�7n is a very extensive and ambi-
tious one. Your cooperation can help to make it a successful one. Earthquake
preparedness is everyone's concern.
Campaign Highlights
- Many local government officials will join with Governor George Deukmejian in
proclaiming April 15-20, 1985 as Earthquake Preparedness Week.
- State- and -local Offices of Emergency Services, along with other agencies,
will disseminate news clips and public service announcements to the media.
These PSA's feature Governor Deukmejian and Yogi Bear.
- Yogi Bear, the official 'Be -Prepared Spokesbear', will make personal appear-
ances throughout the state and will •speak' to individuals about earthquake
preparedness on a special toll-free number. Watch for his pamphlets,
posters, stickers and billboards.
- A •shaking ' van will schedule stops in California's shopping malls and at
elementary schools to give participants 'earth -shaking' rides.
- Safeway Stores will set up preparedness displays of emergency foods and
supplies.
- Other major grocery_ stores will distribute grocery bags printed with earth-
quar.e preparedness tips.
- Major hardware store chains will display tools, equipment and techniques on
how to secure potential home hazards.
- Girl Scout chapters will distribute earthquake preparedness literature and
conduct hazard hunts in local neighborhoods.
- Various elementary schools, major corporations, and government agencies will
demonstrate evacuation drills and emergency procedures.
As you 'tan 'see, the Statewide Earthquake Campaign is a very extensive and ambi-
tious one. Your cooperation can help to make it a successful one. Earthquake
preparedn•'ss is everyone's concern.
Campaign Highlights
Many local government officials will join with Governor George Deukmejian in
proclaiming April 15-20, 1985 as Earthquake Preparedness Week.
State and local Offices of Emergency Services, along with other agencies,
will disseminate news clips and public service announcements to the media.
These PSA's feature Governor Deukmejian and Yogi Bear.
- Yogi Bear, the official 'Be -Prepared Spokesbear', will make personal appear-
ances throughout the state and will 'speak• to individuals aoout earthquake
preparedness on a special toll-free number. Watch for his pamphlets,
posters,.stickers and billboards.
- A "shaking • van will schedule stops in California's shopping malls and at
elementary schools to give participants 'earth -shaking' rides.
- Safeway Stores will set up preparedness displays of emergency foods and
supplies.
- Other.major.grocery stores will distribute grocery bags printed with earth-
quake preparedness tips.
- Major hardware store chains will display tools, equipment and techniques on
how to secure potential home hazards.
- Girl Scout chapters will distribute earthquake preparedness literature and
conduct hazard hunts in.local neighborhoods.
- Various elementary schools, major corporations, and government agencies will
demonstrate evacuation drills and emergency procedures.
As you can see, the Statewide Earthquake Campaign is a very extensive and ambi-
tious one. Your cooperation can help to make it a successful one. Earthquake
preparedness is everyone's concern.
El
Campaign 1°9 ighlight
- Many local government officials will join with Governor George Deukmejian in
proclaiming April 15-20, 1985 as Earthquake Preparedness Week.
- State and local Offices of Emergency Services, along with other agencies,
will disseminate news --lips and public service announcements to the media.
These PSA's feature i,uvernor Deukmejian and Yogi Bear.
- Yogi Bear, the official 'Be -Prepared Spokesbear', will make personal appear-
ances throughout the state and will 'speak' to individuals about earthquake
preparedness on a special toll-free number. Watch for his pamphlets,
posters, stickers and billboards.
- A 'shaking ' van will schedule stops in California's shopping malls and at
elementary schools to give participants 'earth -shaking' rides.
- Safeway Stores will set up preparedness displays of emergency foods and
supplies.
- Other major grocery stores will distribute grocery bags printed with earth-
quaF.e preparedness tips.
- Major hardware store chains will display tools, equipment and techniques on
how to secure potential home hazards.
- Girl Scout chapters will distribute earthquake preparedness literature and
conduct hazard hunts in local neighborhoods.
- Various elementary schools, major corporations, and government agencies will
demonstrate evacuation drills and emergency procedures.
As you can see, the Statewide Earthquake campaign is a very extensive and ambi-
tious one. Your cooperation can help to make it a successful one. Earthquake
preparedness is everyone's concern.
(GENERIC - WITH LITTLE OR NO QUAKE HISTORY)
WHEREAS, California is entering a period of increased seismic
activity with more earthquakes occurring in the past two years above Richter
magnitude 6 than in the previous two decades; and
WHEREAS, there is a possibility that our city/county could experi-
ence a damaging earthquake in the future, because past earthquakes, demonstrate
that all of California should be considered 'earthquake country'; and
WHEREAS, the residents of our city/county frequently travel through
or visit areas of the state which are likely to experience earthquakes of
damaging intensities at some time in the future; and
WHEREAS, emergency preparedness measures taken by a community
before, during, and after a damaging earthquake can reduce loss of life and
property, ease fears, and lessen confusion; and
WHEREAS, with the assistance of the Governor's Office of Emergency
Services, volunteer agencies, private businesses, and the federal government,
the Office of Emergency Services will attempt to
inform and educate residents about earthquake
preparedness:
NOW THEREFORE BE IT RESOLVED that the week of April 15-20, 1985 is
hereby proclaimed Earthquake Preparedness Week, and all residents are urged to
learn what to do before, during, and after an earthquake to prevent injuries,
loss of life, and property damage.
BE IT FURTHER RESOLVED that the city/county of
will provide its residents, including school children and disabled,
appropriate earthquake safety information, not only during this special week,
but throughout the year.
rte^•
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
XXX`1
A PROCLAMATION
by the Governor of the State of California.
FA
WHEREAS, California is experiencing a period of increased seismic activity which is
future;
likely to produce more earthquakes of damaging intensities in the and
before, during,
WHEREAS, emergency preparedness measures taken and after a damag-
ing earthquake can reduce loss of life and property, ease fears, and lessen the confusion which
follows a tremor; and
WHEREAS, during the week of April 15, the Governor's Office of Emergency Services,
with the assistance of governmental agencies, service organizations, elementary schools,
major corporations, Neighborhood Crime Watch groups, Girl Scout chapters, and private
citizens, will work to inform and educate all California residents about such earthquake
MW
preparedness measures; and
WHEREAS, this year California officials will be assisted in their efforts to "get
California quake safe" by the enthusiastic, popular character, Yogi [fear; and
WHEREAS, it is important that earthquake safety information which is distributed during
the week of April 15 be studied and observed throughout the year;
Rw
NOW, THEREFORE, I, GEORGE DEUKMEJIAN, Governor of the State of California, do
hereby proclaim April 15-20, 1985 as Earthquake Preparedness Week and urge all citizens to
learn proper safety measures to follow before, during, and after an earthquake to prevent
injuries, loss of life, and property damage.
`•;`:
'.:_ IN WITNESS WHEREOF i have hereunto set my hand
''
-•_ ••' : and caused the Great Seal of the State of
Q:F :; r
' „ • rG�'� ', �� `.LL` ......
California to be affixed this 2nd day of January
1lHtl_4i"*;;::: 1985.
Governor of California
`:K'; "`lis:•..::'.: ' `:,;�';•
�.
ATTEST:
. '
' . Secretary of State
b9
y SeerotorY of tat-
Statewide Quake Week April 15-20
The telephones are dead. Broken dishes and splintered glass coffer the
floor. Children cry. No gas, no electricity, no water ..... and no immediate
help.
These images portray the aftermath of a catastrophic earthquake --- one
which many experts predict will strike California within the next 30 years.
In an effort to motivate residents to prepare for such a disaster, the
Governor's Office of Emergency Services will conduct, for the first time, a
major statewide earthquake preparedness campaign.
This extensive endeavor, coordinated with various other government
agencies, volunteer organizations, major corporations, elementary schools and
Girl Scout chapters, will educate Californians about safety and survival
techniques of earthquake preparedness.
MORE
•Our aim is not just to make people aware of what.to do to get ready,
but to motivate people to take action by,preparing,• says Bill Medigovich,
Director of che'Governor's Office of Emergency Services.
In support of the campaign, Governor George Deukmejian has proclaimed
April 15-20, 1985 as Earthquake Preparedness Week, which will be highlighted
by local and statewide events (see Statewide Campaign Highlights).
The campaign message -- 'BE QUAKE SAFE:' -- reminds all individuals of
the frequent but moderate earthquakes that have rumbled through California in
recent months. Preparedness in a major quake, officials say, can save lives,
reduce injuries and prevent unnecessary and costly destruction.
Suggested Statewide Calendar for
Earthquake Preparedness Week April 15-20, 1985
o If possible, try to schedule local community events o Remember, any event that promotes Earthquake Pre-
to fit in with the following target groups and days-- paredness Week is important.
o But BE FLEXIBLE - this is only a suggested calendar
and may not be appropriate to your local needs.
o Involve volunteer Organizations (example: Red Cross,
chapters, Girl Scouts, Neighborhood Watch Groups).
Monday 4/15
'Tuesday 4/16
Wednesday 4/ 17
"Thursday 4/18
Friday 4/19
Saturday 4/20 ,
Volunteer and
Private Sector
Government
General
Community
School
Employee
Employee
Family
Public
Preparedness
Preparedness
Preparedness
Preparedness
Preparedness
Preparedness
Day
Day
Day
Day
Day
Day
o Neighborhood
o School
o Brown bag
o Equipment
o Home hazard
o Emergency
Watch Groups
earthquake
lunch seminars
demonstrations
hunts
food prepara-
activities
drills
tion demos
o Hazard hunts
o hospital
o Neighborhood
(grocery
o Girl Scouts
o Curriculum
at work site
drills
canvassing/re-
stores)
patch program
activities
sources evalu-
activities
o First Aid
o Fire/Emer-
ations
o Shopping Nall
o Films
workshops
gency response
displays
o Red Cross
drills
o Teams to go
training
o School
o Evacuation
out and strap
o Earthquake
exhibits
procedures
o Search and
water heaters
wrench/gas
o Endorsements
Rescue.tech-
shut-off demos
by service
o Yogi Bear
o Endorsements
piques
o Teams to
(hardware
clubs/mayors/-
appearances
by President/-
dictribute
stores)
city councils,
Chief Executive
o Simulation
materials
etc.
Officer
of disaster
o Distribution
event
o Emergency kit
of preparedness
o Distribution
o Exhibits
displays
materials
of prepared-
o Day -After
ness materials
earthquake
scenario
o Fire preven-
enactment
tion activities
o Media events
o Media events
Campaign Highlights
- Many local government officials will join with Governor George Deukmejian in
proclaiming Npril 15-20,-1985 as Earthquake Preparedness Week.
- State and local Offices of Emergency Services, along with other agencies,
will disseminate news clips and public service announcements to the media.
These PSA's feature Governor Deukmejian and Yogi Bear.
- Yogi Bear, the official "Be -Prepared Spokesbear•, will make personal appear-
ances throughout the state and will "speak' to individuals about earthquake
Preparedness on a special toll-free number. Watch for his pamphlets,
posters, stickers and i)illboards.
A •shaking " van will schedule stops in California's shopping malls and at
elementary schools to give participants "earth -shaking" rides.
- Safeway Stores will set up preparedness displays of emergency foods and
supplies.
- Other major grocery stores will distribute grocery bags printed with earth-
quake preparedness tips.
Major hardware store chains will display tools, equipment and techniques_ on
how to secure potential home hazards.
- Girl Scout chapters will distribute earthquake preparedness literature and
conduct hazard hunts in local neighborhoods.
- Various elementary schools, major corporations, and government agencies will
demonstrate evacuation drills and emergency procedures.
As you can see, the Statewide Earthquake Campaign is a very extensive and ambi-
tious one. Your cooperation can help to make it a successful one. Ea`thquake
preparedness is everyone's concern.
Be
ky-
",,.�',��'..-C..-•r°�.,r.;.:M..�. M•.+n•�,za•`•"--a.�:.."�:�'�a'F�:.`�'o-c`"i�..'"%= 't=,:..c[,� r... � ..'z�_, .. .... - � �'.,+''�=t',
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: ;rf:::: r :'�:.:.... r:..:. $:$f:j:f::$::Safe
r'f 1' ''::yfrr:: •.: fy.. frlr' : ` �'rr:.; i'r'•r,:� ••:: �Y�•.•:; •' �{; is ' ..,..;.,
•,Y�'If':h�.••�J JIYJ.;:
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f}{y$l:•,•,.'t'•;}fl:.:
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,ri f, il'" : it
:.1. •li:
:l'ft
rf?
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..... .....
Before The.
. . . . . . . . . . . . . . . .
Shaking
s Learn first aid and
During The After The
CPR from your local Red
akiag
Shaking Shaking
Cross chapter.
• Learn how to shut off
• Get under a desk 0 Hunt for hazards.
gas, water and electricity.
or table or stand in a . Turn on your portable
• Secure water heater
doorway or corner. radio for instructions and
and appliances.
& If outdoors, get into an news reports.
• Maintain emergency
open area. • Be prepared for
supplies.
aftershocks.
Earthquake Preparedness Week, April 15-20, 1985
Information from your local and State Office of Emergency Services
PER STEVE, 3/20/85:
The structure we propose is a certificate of participation to
finance the Community Center and the method of obtaining money
for that relies upon a theory that we have based upon decisions
of the California Supreme Court.
The crucial one is San Francisco v. Ferrell holding that payroll
and gross receipts tax imposed by a majority vote was not a
special tax under Proposition 13 because the proceeds were
placed in the general fund of the city and used for general
purposes.
Fenton v. City of Delano (December 1984) Fifth Appellate
District Court decision where Delano levied a fee on the users
of gas, electricity, telephone and cable tv services. The court
said that was correct under Proposition 13 because the City used
Government Code §37100.5. That Section allows a general law
city to levy any tax that may be levied by a charter city,
subjPct to voter approval. Again, the holding was that the
proceeds of this levy dere to be placed in the general fund and
therefore under GC §37100.5, the levy was not a special tax and
he voting requirements of Proposition 13 did not apply.
Per Ken Jones, this structures works because under charter city
law, ii is clear that matters of a fiscal nature are municipal
-1-
C
r�
®r,
affairs and since we believe a charter city can levy a tax on
real property on other than an ad velorum basis and use the
proceeds for general purposes, the 2/3 vote under Proposition 13
does not apply.
Taking it one step further, under GC §37100.5, a general law
city can do the same thing.
CAUTION: In Heckendorn v. San Marino which was also decided in
December 1984, you can't do anything that smacks of ad velorum
tax. In that case, they remanded the proceedings back to the
trial court for determination as to whether the Mello -Roos levy
was an ad velorum tax.
Per Ken Jones: Because of Delano and GC §37100.5, it may be
appropriate for Lodi to consider levying this tax on users o -f
utilities within the City (uniform or arbitrary).
Per Ken: To be utterly safe, we could do some validating to
make it right. Could use a mandamus proceeding. Have city
clerk refuse to send for collection. File against clerk. Get
validation done before certificates go out. Not do certificates
and vote. Do all at one time. Commercial users pay more?
(Steve thinks so).
C
-3-
March 5, 1985
Larry L. Walker, President
Holz Rubber Company
P.O. Box 109
Lodi, CA 95241
SUBJECT: Improvement Deferral Agreement
Enclosed is a final draft of the Improvement Deferral Agreement cover-
ing the condition of the Chief Building Inspector's letter dated
February 26, 1985, which was related to sidewalk installation.
Please execute both copies of the attached agreement and forward them
to this office for execution by the City Manager. We will then forward
to you, for your files, one fully executed copy of this agreement.
If you have any questions, please contact me.
'. CITY COUNCIL.HENRY
A. CLAVES, Jr
JOHN R_ (Randy) SNIDER, Mayor
_
CITY O F T O D r i � �, 1 E#
City Manager
DAVID N. HINCHMAN
,
�'I
ALICE M. REIMCHE "
Mayor Pro Tempore
CITY HALL, 221 WEST PINE STREET
7 err, *�
�?
City Clerk
/,
EVELYN M OLSON
POST OFFICE BOX 320
ALD M. STEIN
JAMES W. PINKERTON. Jr.
LODI, CALIFORNIA 95241
, - City Attorney
FRED M_ REID
(209) 334-5634
�(i';�•.'„
, _ „
March 5, 1985
Larry L. Walker, President
Holz Rubber Company
P.O. Box 109
Lodi, CA 95241
SUBJECT: Improvement Deferral Agreement
Enclosed is a final draft of the Improvement Deferral Agreement cover-
ing the condition of the Chief Building Inspector's letter dated
February 26, 1985, which was related to sidewalk installation.
Please execute both copies of the attached agreement and forward them
to this office for execution by the City Manager. We will then forward
to you, for your files, one fully executed copy of this agreement.
If you have any questions, please contact me.
Larry L. Walker, President
Holz Rubber Company
P.O. Box 109
Lodi, CA 95241
SUBJECT: Conditions of Building Permit for Press Pit
Per our conversation in your office yesterday, I am enclosing a draft
agreement which covers two items, 2A and 2B of the Chief Building Inspec-
tor's letter of February 26, 1985. This draft has not yet been reviewed
by our City Attorney.
Please note that I have extended the time limit longer than the year
requested in order that if the work is not fully completed this calendar
year, that there will be some reasonable construction weather in 1986
in order to complete the commitment.
Please feel free to comment on this draft and return it at your earliest
convenience. This agreement must be executed and the $616.00 paid to
the City for the Street Lights prior to the issuance of the building
permit. If you have any questions concerning this matter, please contact
me.
Sincerely
r
Jac L. Ronsko
Pub i c Works Director
c City Manager'f�
Chief Building Inspector
Assistant Utility Director
City Attorney
JLR/eeh
Enclosure
CITY COUNCIL
HENRY A. CLAVES, Jr,
JOHN R. (Randy) SNIDER, Mayor
�{ ` j t =
C I ` '
City Manager
Ah HENCHMAN
V
�E
AL; _E M. REIMCHE
Mayor Pro Tempore
CITY HALL, 221 WEST PINE STREET
,^r r r n
l •a �•
City Clerk
t ...
EVELYN M OLSON
POST OFFICE BOX 320
RONALD M. STEIN
JAMES W. PINKERTON. Jr.
LODI, CALIFORNIA 95241
{
City Attorney
FRED M. REID
(209) 334-5634
6=' T Y
March 1, 1985
Larry L. Walker, President
Holz Rubber Company
P.O. Box 109
Lodi, CA 95241
SUBJECT: Conditions of Building Permit for Press Pit
Per our conversation in your office yesterday, I am enclosing a draft
agreement which covers two items, 2A and 2B of the Chief Building Inspec-
tor's letter of February 26, 1985. This draft has not yet been reviewed
by our City Attorney.
Please note that I have extended the time limit longer than the year
requested in order that if the work is not fully completed this calendar
year, that there will be some reasonable construction weather in 1986
in order to complete the commitment.
Please feel free to comment on this draft and return it at your earliest
convenience. This agreement must be executed and the $616.00 paid to
the City for the Street Lights prior to the issuance of the building
permit. If you have any questions concerning this matter, please contact
me.
Sincerely
r
Jac L. Ronsko
Pub i c Works Director
c City Manager'f�
Chief Building Inspector
Assistant Utility Director
City Attorney
JLR/eeh
Enclosure
ROUGH DRAFT
Return to:
City Clerk City Nall
Lodi, CA 95240
IMPROVEMENT DEFERRAL AGREEMENT
1200 S. Sacramento Street
Assessor's Parcel 045-290-01
THIS AGREEMENT, entered into by and between HOLZ RUBBER COMPANY, herein-
after called Developer, and the CITY OF LODI, a municipal corporation,
hereinafter called City.
WHEREAS, Developer is owner of that certain real property situate in the
County of San Joaquin, State of California, and described above and shown
on the attached Exhibit A;
WHEREAS, Developer, at the present time, wishes to make improvements on
said property and is desirous of complying with existing City ordinances
and policies regarding the recording of subdivision maps as set forth in
Chapter 5, Article V of the Lodi Municipal Code and this Agreement is being
entered into for the purpose of setting forth the rights, duties and
obligations of the parties hereto with respect to the following:
1. Developer to pay to City $ prior to issuance of a
building permit for the purpose of having City utility personnel
install two (2) street lights on existing wooden poles.
2. Developer will install sidewalk and commercial driveways fronting
subject property, where improvements do not presently exist, by
June 30, 1986.
1
6. A copy of this Agreement shall be recorded in the office of the
San Joaquin County Recorder, Stockton, California.
7. All notices required to be given to City shall be addressed as
follows:
Jack L. Rohsko,
Public Works Director
Call Box 3006
Lodi, CA 55241-1910
3
-
Improvements will comply with City of Lodi Standard:Plans and will'
x
include removal and replacement of any unused or unneeded
x
ak
driveways.
3. Developer will have his Contractor obtain a City Encroachment
=.
Permit to cover above improvements to be made. Work need not all
-=
be done at one time.
4. This Agreement shall be binding on the Developer, its heirs,
-
`
successors or assigns.
5. In the event that the aforesaid improvements are not installed
upon demand of City, then City ;. hereby authorized to install
said facilities and may file suit against Developer, its heirs,
_
successors or assigns for the costs incurred, as well as for a
reasonable sum to be allowed as and for the City's attorney's fees
incurred in connection with such litigation for the collection of
the monies due or may file a lien against said property for the
costs incurred.
Tsl
6. A copy of this Agreement shall be recorded in the office of the
San Joaquin County Recorder, Stockton, California.
7. All notices required to be given to City shall be addressed as
follows:
Jack L. Rohsko,
Public Works Director
Call Box 3006
Lodi, CA 55241-1910