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Home My WebLink AboutAgenda Report - October 5, 1983 (26)A REFUM CiF IM Agenda Item K-1 - "Agreement for Temporary Transfer of Geo - CITY MANACER thermal Project No. 2 Power" was introduced by Utility Director Dave Curry. A lengthy discussion followed with questions being directed to Mr. Curry by Council. ACEMNENT FOR The cost of project power carpared to other source power was TEMPCRARY discussed.at length and the terms of the proposed Agreement TRANSFER OF as it pertains to this matter was reviewed in detail. PFVJWr NID. 2 POWER APPIUM RES. ND. 83-111 Following additional discussion, on motion of Council Member Reid. Snider second, Council adopted Resolution No. 83-111 approving an Agreement for the Temporary Transfer of NICPA Project No. 2 Power and authorized the Mayor and City Clerk to execute the agreemnt on behalf of the City. The motion carried by unanimous vote. L� Northern California Power Agency 8421 Auburn Boulevard. Suite 160 Citrus Heights, California 95610 ROBERT E. GRIMSHAW General Manager (916) 722-7815 September 28, 1983 TO: Project No. 2 Participants FR(Y4: Gail Sipple SUBJECT: Agreement for Temporary Transfer of Project No. 2 Power Pursuant to Commission action of September 22, 1983, attached is a copy of the above-mentioned agreement to be presented to your governing body for approval. Upon approval, please return to me an executed copy of the agreement along with your resolution authorizing its execution. By copy of this letter I am also forwarding this document to your City Clerk for processing. Yours truly, l�� CAI SIPPLE x utive Assistant -Xttachment O CITY COUNCIL JEVE OHN N M OLSON.S Mayor ( I T V O Fj T O D I JOHN R (Randy) SNIDER �./ 1 1� j� Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET ROBERT G. MURPHY POST OFFICE BOX 320 IAMES W. PINKERTON. If. LODI. CALIFORNIA 95241 FRED 41. REID (209) 334-5634 October 7, 1983 HENRY A. CLAVES, it. City Manager ALICE M. REIMCHE City Clerk RONALD M. STEIN City Attorney Gail Sipple Northern California Power Agency 8421 Auburn Blvd. Citrus Heights, CA 95610 Re: Agreement for Temporary Transfer of Project No. 2 Power Dear Gail: Please be advised that the Lodi City Council, in action taken at an Adjourned Regular bleeting held October 6, 1983, approved an Agreement for Temporary Transfer of Project No. 2 Power. An executed copy of the subject Agreement is attached along with the authorising Resolution. Should you have any questions -regarding the actions of the Council pertaining to this matter, please do not hesitate to call this office. Very truly yours, Aed MJ"Mche� Alice M. ::i ty Clark AMR: i-4. Enc. F among (A) NORTHERN CALIFORNIA POWER AGENCY, a joint powers ` agency of the State of California, herein called "NCPA", (B) the CITIES OF GRIDLEY AND ROSEVILLE, CALIFORNIA, munici - pal corporations members of NCPA, and PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE, a California nonprofit corporation, an associate member of NCPA, herein called "Transferors", 4 and (C) the CITIES OF ALAMEDA, HEALDSBURG, LODI, LOMPOC, SANTA CLARA AND UKIAH, municipal corporations and members of NCPA;, herein called "Transferees", WITNESSETH, that •WHMAS, Transferors and Transferees are Purchasing Participating Members under the "Amended and Restated Member j Agreement for Construction, Operation and Financing of NCPA Geothermal Generating Unit #2 Project" made as of January I, 1980, as amended and supplemented, herein called the "Shell- Member ShellMember Agreement", in accordance with their respective Par ticipation Percentages from the Project provided for in such Agreement, herein called Project No. 2; and WHEREAS, the parties hereto, except the City of Santai Clara, are also parties to that Interconnection Agreement with Pacific Gas and Electric Company approved by NCPA . Resolution No. 83-47, and the City of Santa Clara is nego- tiating with PG&E for an interconnection agreement, which agreements are herein referred to as the Interconnection Agreements, and WHEREAS, the Interconnection Agreements will provide the necessary services to the parties hereto to make the power from the Project firm and dependable as delivered = from the output of PG&E's backbone system, which power is herein called Project Power; and WHEREAS, Transferors wish to transfer all of their respective Participating Percentages under the Shell Member Agreement to Transferees, under the terms and conditions, and for the period, hereinafter set out,.the Transferees desire to acquire additional Project Power for the use of the customers of their electric systems; and WHEREAS, the Shell Member Agreement authorizes NC -PA, upon request, to arrange such transfers of Project Power among Purchasing Participating Members, -and others, as Pur- chasing Participating Members:may request -in accordance wi,bh the Shell Member- Agreement, and the transfers provided for herein have been so arranged; and WHEREAS, such transfers are authorized by the Shell Member Agreement, and are to be made pursuant thereto; NOW THEREFORE IT IS AGREED AS FOLLOWS: Section 1. Transferors hereby transf err *assign, and sell to Transferees their right to all of the Project Power -2- 4 to which Transferors are entitled under the Shell Member Agreement, to each Transferee in the proportion shown in Exhibit "A" of this agreement for the term of this agree- ment, and Transferors and NCPA shall deliver such Project Power to Transferees accordingly at the delivery.points provided in the Interconnection Agreements. Such transfer shall not effect the voting power of Transferors under the Shell Member agreement. Section 2. (a) NCPA shall, on behalf of the Trans- ferors, bill each Transferee monthly for NCPA's estimate of Project Cost of the Project Power transferred, as provided for -in Section 6(f) of the Shell Member Agreement and in e, this agreement, and shall transmit the amount of such billings that represents bond debt service and associated reserves, .when received, to the Transferors. (b) At the end of each NCPA fiscal year after the effective date of this agreement NCPA shall make an Annual Adjustment to the billed amounts to reflect after the fact actual Project Cost for the fiscal year, or portion thereof when power was delivered, just ended. Such adjusted Project Cost shall then be compared with the cost of power from another source as provided in Section 6(g) of the Member Agreement, and the price for the Project Power transferred,'` fixed at the lesser of the actual project cost under Sec- tion 6(f) or the cost of another source under Section 6(g). For purposes hereof the cost of power from another source -3- ... ----- is further defined as the calculated cost of capacity and energy of.equal usefulness and firmness available as partial requirements under the Interconnection Agreements, for the same period, and measured at the same point of delivery, as the transferred power, or the cost of firm power of at least equal capacity and energy frorr_ another source, for a similar term, and measured at the same delivery point, whichever is less. NCPA shall then bill the Transferors or Transferees, as the case may be, for the account of the other, for the overpayment or underpayment determined by the Annual Adjust- ment, and pay or credit the payment received from the billing to the account of those who are entitled to it. (c) For the purpose of computing the estimated and actual Project Cost to be paid for Project Power under Sec - 1b tion ec- tion 6(f) of the Shell Member Agreement, NCPA shall include in'the cost of such power to the Transferors the following Project Costs: (1) debt service, including required reserves (2) geothermal steam (3) operation and maintenance -0� (4) capacity reserves ("5) spinning reserves (6) transmission to backbone output (7) emergency power (g) maintenance power (g) short-term firm power -4- 11111 Jill k W Ar dispatch services �. administrative expenses transmission losses to backbone output. If this agreement is extended, the amount by which actual Project Cost exceeded the cost of power from another source during the pre- ceding years as determined pursuant to sub- division (b) above. (d) The cost of power from another source referred to in subdivision (b) of this section shall be determined at the monthly load factor at which Project Power was deliv- ered, including the use of reserves, maintenance power, short term firm, etc. Section 3. Nothing in this agreement shall impair --the obligations of any of the Transferors to any of the NCPA's lenders for the project constructed under the Shell Member Agreement,.and such Transferors shall make payments for bond debt service and associated reserves directly to the Trustee for the bondholder. Section 4. The effective date of this agreement shall be "rhe first day that Project No. 2 is in commercial opera tion under the Interconnection Agreement. Section S. This agreement shall terminate at 2400 hours December 31, 1983, except that the provisions,of Section 2 shall be complied with thereafter. The parties expect prior to that date to amend, supplement, or replace -5- this agreement to provide long-term layoffs by transferors to transferees. No such termination shall relieve any Transferor or Transferee of the obligation of section 6 of the Shell Member Agreement. Section 6. The transfer herein provided shall be sub- ject to all the provisions of the Shell Member Agreement, and particularly sections S and 6 thereof, and shall be administered by NCPA in accordance with the Interconnection Agreements. Nothing herein shall compel any Transferee to purchase any energy which is surplus to its needs. Section 7. No further transfer of any rights trans- ferred herein shall be made by any Transferee which will cause viplation of the terms of Section 6(d) of the Shell Member Agreement. Section.8. This agreement shall be binding on the City of Santa Clara only if and when it obtains an 'Interconnec- tion Agreement with MndB Co. and gives notice thereof at least ten business days before the first day 'of any calendar month, whereupon the Transferor's layoffs will be appor- tioned to it in the same manner as other Transferees for such following month and during the term of this agreement.` Section 9. This agreement is not intended to be, and shall not be construed as, a precedent for transfer of rights to power from other NCPA projects. IN WITNESS WHEREOF each Transferor and Transferee, and NCPA, have executed this agreement as of the year and date first above noted. NORTHER CALIFORNIA POWER AGENCY By... and CITY OF ALAMEDA and... CITY 3F GRIDLEY By..... and ... .... CITY OF ROSEVILLE and .. CITY OF UKIAH By and -7- CITY OF HEALDSBURG By and CITY OF LODI '41 Mayor and Jerk CITY OF LOMPOC By . and..... ......... .. CITY OF SANTA CLARA BY and PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE By and 'EXHIBIT A Preliminary Allocations of NCPA Geothermal Pro•jedt-No,:2: Pouter Transfers* For the Term September 1 through IkembPx 31,..1983 (Assumes Plant 110. Mt), �;•" . C_tty, Initial Project Share Sale . , Purchase , �Total Alameda 14.994% 16.49 MW - 1.5727% 1.73 MW 16.5667% 18.22 MV't Biggs - - • - - - - Gridley .334 0.37 .334% 0.37 MW - - - - Atel dsburg 3.252 3.58 • - .3411 0.38 '3.5931 3.93 Lodi 14.560 16.01 1.5271 1.68 16.0871 17.70 Lompoc 3.266 3.59 - - 3426 0.38 .3.6086 3.97 Pa 1 o Alto - - - - - - Piumas-Slarre .719 0.79 .719 0.79 - Redding - - - - - - - Roseville 3.252 3.58 w `�► 3.252 3.58 - - - . Santa Clara 54.651 60.12 - - -, 54.6510 60.12 ; Ukiah 4.972 5.47 - - .5215 0.57 5..4935 6.04 Total 100.00%� 110 00 MW 4.305% 4.74 MW 4,305% 4.74 MW 100300% 110100 , 2 ? * It is'anticipated that the -routine intermember energy exchanges that take place during this time will be ac aLn - for after -the -fact, along with overall project transfer cost. To the extent that the temporary transfer isr''d at PG&E cost, the energy component would be priced at the comparable PG&E energy cost (Base + FGA). It"VnO ac • transfer is below the PG&E cost, the project energy charge will be proportionately reduced. x s RESOLUTION NO. 83-79 NORTHERN CALIFORNIA POWER AGENCY BE IT RESOLVED BY THE COMMISSION OF THE NORTHERN CALIFORNIA POWER AGENCY, as follows: Section 1. The draft of "Agreement for Temporary Transfer of Project No. 2 Power", dated September 23, 1983, is hereby approved, and the Assistant Secretary is directed to transmit the same to those NCPA members listed as parties thereto for approval and execution. Section 2. If the agreement is executed by NCPA members who are both Transferors and Transferees, in number satisfactory to such executing members, the General Manager is authorized to execute the agreement on behalf of this Agency. Section 3.. The General Manager is authorized to make changes in the form of the agreement requested by or agreeable to the executing members if, in his judgment, they are for the best interests of this Agency. Vote Abstained Absent City of -Alameda Biggs Gridley _ Healdsburg r Lodi r Lompoc Palo Alto x Redding Roseville Santa Clara � Ukiah - Pl umas-Sierra /r Z� e ADOPTED AND APPROVED this day of w A 9/23/83 AGREEMENT FOR TEMPORARY TRANSFER OF PROJECT NO. 2 POWER #8548C THIS AGREEMENT, dated as of September 1, 1983, by and among (A) NORTHERN CALIFORNIA POWER AGENCY, a joint powers agency of the State of California, herein called "NCPA", (B) the CITIES OF GRIDLEY AND ROSEVILLE, CALIFORNIA, munici- pal corporations members of NCPA, and PLU� ELECTRIC COOPERATIVE, a California nonprofit corporation, an associate member of NCPA, herein called "Transferors", and (C) the CITIES OF ALAMEDA, HEALDSHURG, LODI, LOMPOC, _3 to SANTA CLARA AND UKIAH, municipal corporations and members of NCPA; herein called "Transferees", ' (p WITNESSETH, that WHEREAS, Transferors and Transferees are Purchasing Participating Members under the "Amended and Restated Member \ Agreement for Construction, Operation and Financing of NCPA (t ��4' Geothermal Generating Unit #2 Project" made as of January 1, 1980, as amended and supplemented, herein called the "Shell Member Agreement", in accordance with their respective Par- ticipation Percentages from the Project provided for in such Agreement, herein called Project No. 2; and U WHEREAS, the parties hereto, except the City of Sanaa Clara, are also parties to that Interconnection Agreement with Pacific Gas and Electric Company approved by NCPA Resolution No. 83-47, and the City of Santa Clara is nego- tiating with PG&E for an interconnection agreement, which agreements are herein referred to as the Interconnection Agreements, and WHEREAS, the Interconnection Agreements will provide the necessary services to the parties hereto to make the r power from the Project firm and dependable as delivered i from the output of PG6E's backbone system, which power is herein called Project Power; and WH':REAS, Transferors wish to transfer all of their respective Participating Percentages under the Shell Member Agreement to Transferees, under the terms and conditions, and for the period, hereinafter set out, the Transferees desire too acquire additional Project Power for the use of the customers of their electric systems; and WHEREAS, the Shell Member Agreement authorizes NCPA, upon request, to arrange such transfers of Project Power among Purchasing Participating Members, and others, as Pur- chasing Participating Members may request in accordance With the Shell Member Ag<reement, and the transfers provided for herein have been so arranged; and WHEREAS, such transfers are authorized by the Shell Member Agreement, and are to be made pursuant thereto; NOW THEREFORE IT IS AGREED AS FOLLOWS: Section 1. Transferors hereby transfer, *assign, and sell to Transferees their right to all of the Project Power IF -3- to which Transferors are entitled under the Shell Member Agreement, to each Transferee in the proportion shown in Exhibit "An of this agreement for the term of this agree- ment, and Transferors and NCPA shall deliver such Project Power to Transferees accordingly at the delivery points r provided in the Interconnection Agreements. Such transfer e shall not effect the voting power of Transferors under the Shell Member agreement. Section 2. (a) NCPA shall, on behalf of the Trans- ferors, bill each Transferee monthly for NCPA's estimate of Project Cost of the Project Power transferred, as provided for -in Section 6(f) of the Shell Member Agreement and in this agreement, and shall transmit the amount of such billingd•that represents bond debt service and associated I reserves, when received, to the Transferors. (b) At the end of each NCPA fiscal year after the effective date of this agreement NCPA shall make an Annual Adjustment to the billed amounts to reflect after the fact ii actual Project Cost for the fiscal year, or portion thereof when power was delivered, just ended. Such adjusted Project Cost shall then be compared with the cost of power from another source as provided in Section 6(g) of the Member Agreement, and the price for the Project Power transferred fixed at the lesser of the actual project cost under Sec- tion 6(f) or the cost of another source under Section 6(g). For purposes hereof the cost of power from another source -3- 0 is further defined as the calculated cost of capacity and energy of equal usefulness and firmness available as partial requirements under the Interconnection Agreements, for the same period, and measured at the same point of delivery, as the transferred power, or the cost of firm power of at least equal capacity and energy from another source, for a similar ' term, and measured at the same delivery point, whichever is less. NCPA shall then bill the Transferors or Transferees, as the case may be, for the account of the other, for the overpayment or underpayment determined by the Annual Adjust- ment, and pay or credit the payment received from the billing to the account of those who are entitled to it. (c) For the purpose of computing the estimated and actual Project Cost to be paid for Project Power under Sec- tion 6(f) of the Shell Member Agreement, NCPA shall include in the cost of such power to the Transferors the following Project Costs: (1) debt service, including required reserves (2) geothermal steam (3) operation and maintenance (4) capacity reserves (5) spinning reserves (6) transmission to backbone output (7) emergency power (8) maintenance power (9) short-term firm power -4- r which actual Project Cost exceeded the cost of power from another source during the pre- ceding years as determined pursuant to sub division (b) above. (d) The cost of power from another source referred to in subdivision (D) of this section shall be determined at the monthly load factor at which Project Power was deliv- ered, including the use of reserves, maintenance power, short term firm, etc. Section 3. Nothing in this agreement shall impair the obligations of any of the Transferors to any of the NCPA's lenders for the project constructed under the Shell Member Agreement, and such Transferors shall make payments for bond debt service and associated reserves directly to the Trustee for the bondholder. Section 4. The effective date of this agreement shall be the first day that Project No. 2 is in commercial opera- tion.under the Interconnection Agreement. Section 5. This agreement shall terminate at 2400 hours December 31, 1983, except that the provisions of Section 2 shall be complied with thereafter. The parties expect prior to that date to amend, supplement, or replace Y this agreement to provide long-term layoffs by transferors ® to transferees. No such termination shall relieve any Transferor or Transferee of the obligation of section 6 of the Shell Member Agreement. t Section 6. The transfer herein provided shall be sub- ject to all the provisions of the Shell Member Agreement, and particularly sections 5 and 6 thereof, and shall be administered by NCPA in accordance with the Interconnection Agreements. Nothing herein shall compel any Transferee to purchase.any energy which is surplus to its needs. Section 7. No further transfer of any rights trans- ferred herein shall be made by any Transferee which will cause violation of the terms of Section 6(d) of the Shell Member Agreement. Section 8. This agreement shall be binding on the City of Santa Clara only if and when it obtains an Interconnec- tion Agreement with PGandE Co. and gives notice thereof at least ten business days before the first day of any calendar month, whereupon the Transferor's layoffs will be appor- tioned ppor-tuned to it in the same mariner as other Transferees for such following month -and during the term of this agreement. Section 9. This agreement is not intended to be, and shall not be construed as, a precedent for transfer of rights to power from other NCPA projects. M IN WITNESS WHEREOF each Transferor and Transferee, and NCPA, have executed this agreement as of the year and date first above noted. NORTHER CALIFORNIA POWER AGENCY By- . .. ....... and CITY OF ALAMEDA By and CITY OF GtIDLEY By and........ CITY OF ROSEVILLE By and CITY OF HEALDSBURG . r By and CITY OF LODI By. and CITY OF LOMPOC By and- CITY OF SANTA CLARA By and CITY OF UKIAH PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE By By and and ' -7- t{civ'"y�'�� "L'.IYiR09ietlk6WNYWNMWiX4CPYN3W:7Nli:SiNObhwury ._,._.«,.u..._�...._......_.._.._.._...�v'n`�1 ..ry .a. _.. ...+ ._, - e.ia».G»vSa'a8i:«•RU1+.::dRtiti"• tTBTT A Preliminary Allocations of NCPA Geothermal Project No. 2 Power Transfers* For the Term September 1 through December 31, 1983 .. (Assumes Plant 110 MW) City Initial Project Share .. SalePurchase Total Alameda 14.994% 16.49 MW - - 1.5727% 1.73 MW .i 16.5667% i 8;12, Biggs - - - Gridley .334 0.37 .334% 0.37 MW - - - - • Nealdsburg 3.252 3.58 - - .3411 0.38 n of '3.5931 3.95:` 4Yr Lodi 14.550 16.01 - - 1.5271 1,68 16.0871 17:70 Lompoc 3.266 3.59 - - .3426 0.38 3.6086 3497' Palo Alto 4 PI uma s -S i e rra .719 0.79 .719 0.79 Redding Roseville 3.252 3.58 3.252 3.58 Santa Clara 54.651 60.12 - - - 54.6510. ;60.12 Ukiah 4.972 5.47 - ,5215 Q,;,057 5, 4935 6�p4 p Total 100.00% 110000 MW 4.305% 4.74 MW 4.305% 4.74 MW 100.00% 10 OQ: k ` * It is anticipated that the routine intermember energy exchanges that take place during this 'time will,ibe aCco, for after -the -fact, along with overall project transfer cost. To the extent that the temporary.* isri+ at PGLE cost, the energy component would be priced at the comparable PG&E energy cost (Base + FCAj'.�`if LhQ T.z transfer is below the PG&E cost, the project energy charge will be proportionately redvted. Ate' RE Following introduction of the matter by City Attorney Stein, DIEL I NQLOU REAL Counc i 1 , on motion of Counc i 1 himbe r Pinkerton, Reid second, Pii>p'EM TAXES adopted Resolution No. 83-I13 approving an Agreement with AND SPICIAL Frank and Helen Alegre regarding the payment of delinquent ASSESSMENTS IN real property taxes and special assessments on various CLUI:FMMER parcels in the Cluff/Trimer Assessment District No. I. ASSES.91Wr DISTRICT ND. I RFC iJl QZ_11Z ' t i •R a t yPY _ • C 1 1 �k ♦ ..,..tji RAY W. SHERMAN,1F ATTORNEYS AT LAW 111 BROADWAY, PENTHOUSE RAV W. IHcw►n W. AT JACK LONDON SQUARE - Awwtw &a *osso" N►uia OAKLAND. CALIFORNIA 91607 (41S) 834.1748 of cw,".lk CIA*% G Molcew. P.C. September 26, 1983 James E. Ganzer, Esq. Law Offices of Freeman, Rishwain & Hall 1818 Grand Canal Boulevard Stockton, California 95207 RE& City of Lodi v. Alegre, et al. Dear Mr. Ganzer: The following is in response to your letters.of August 23 and 29, 1983, proposing a schedule for payment in full of.de- linquent assessments, penalties, attorneys' fees, and costs, on Assessor's Parcel Nos. 49-80-44 and 49-80-50. We have prepared the enclosed Agreement for signature by your clients, Frank C. Alegre and Helen C. Alegre, as trustees for the Frank C. Alegre, Sr4 and Helen C. Alegre Revocable Trust, owner of Parcels 49-80-44 and 49-80-50 of the Cluff/Turner Assessment District No. 1. It appears that the County Board of Supervisors may have to approve the Agreement. In addition, the County Tax Collector, who has some discretion as to Whether to accept such a plan, has required Lodi city Council approval and has also specified that the plan be treated as a Permanent Installment Plan under Rev. & Tax Code 54216, et sem., except that installment payments will be made monthly rather than annually, e Therefore, we have referenced salient features of the Permanent Installment Plan generally or specifically in the Agreement, but of course you should review the relevant code sections yourself. Although we were all hopeful payments could begin in September, it now appears that preparation and review. and approval of the Agreement will delay the first payment until October. To expedite matters, copies of this letter and the enclosures are being sent to the City and the County Tax Collector for review and approval. If any problems develop, I James E. Gamer, Esq. September 23, 1983 Page 2 will let you know immediately. Please have your clients sign and date the Agreement in the spaces provided and return the original and one executed copy to me in the enclosed envelope. If you have any questions, please call me. Very truly yours, RAY W. SHERMAN,. JR. PROFESSIONAL CORPORATION SFsdf Enclosures ccs Ronald Stein, Esq. Gerald.Sherwin, Esq. Mr. John ' Prowse AGREEMENT This Agreement is made by and between FRANK C. ALEGRE# SR., and HELEN C. ALEGRE# Trustees of the Frank C. Alegre, Sr. and Helen C. Alegre Revocable Trust (the Alegres and the Trust being referred to collectively for convenience hereinafter as "the Trust"), the City of Lodi (hereinafter "City") and the San Joaquin County Tax Collector (hereinafter "Tax Collector"), as follows: R E C I T A L S A. The Trust is the owner of record of two- _} parcels of real property located in the City of Lod,.<StateZ of California, to wit: Assessor's Parcel Nos. 49-80-44 and 49-80-50 (hereinafter "the parcels"). {s s� B. On or about April 15, 1981,- the City,,Councfl of the City of Lodi ordered construction of improvements in the Turner/Guff Avenue Assessment District No. 1. In connection therewith, assessments Nos. 8 and.9 were levied. against Assessor's Parcel Nos. 49-80-44 and 49-80-50, respectively, and such assessments constitute liens against those parcels. C. Payments are due on account of delinquent real property taxes and special assessments (hereinafter "the delinquencies") through September 30, 1983, in amounts of $59,896.01 and $25,264.72 on Parcel Nos. 49-80-44 and 49-80-50, respectively. D. Additional penalties (hereinafter "penalties") will continue to accrue on the delinquencies until they are fully paid. E. To redeem the parcels the Trust must pay the sums referred to in Recitals C and D above, together with attorneys' fees and costs of $2,400.00 and $364.80, respectively, on Parcel No. 49-80-44 and $1,500.00 and $229.00, respectively, on Parcel No. 49-80-50 (said attorneys' fees and costs on the parcels being referred to hereinafter as "the fees and costs"). F. The City has filed an action to foreclose the lien of the assessments against the parcels, which action is E K4( pending as Case No. 171280 in the San Joaquin Superior Court (hereinafter "the action"). G. Thep arties deem it to be in their mutual interests to provide for an installment payment plan whereby the delinquencies and penalties shall be paid by the Trust in installments and the property thereby redeemed consistent with the terms and conditions set forth hereinbelow. NOW, THEREFORE, the parties hereto agree as follows: i. The foregoing recitals are true and correct... 2. The Trust shall pay all delinquencies, penalties, and fees and costs as follows: ,. a. The Trust shall make monthly .installment payments of $20,000.00 to the County Tax Collector until all of the foregoing amounts are fully paid, as follows: The z.= first payment shall be made within five (5) days after the l date this Agreement is signed by the San Joaquin County Tax Collector (hereinafter, "the date of execution*). The remaining payments shall be made monthly on or before.the 3 anniversary date of the first payment. The last installment payment may be a sum less than $20,000.00, depending on the precise amount required to pay all delinquencies and penalties. Each such payment shall be made by check payable to the "San Joaquin County Tax Collector," and a copy of each check shall be mailed to Ray W. Sherman, Jr., Professional Corporations and, b. Concurrently with the first payment to be made as set forth in Paragraph 2(a) above, and as a condition precedent to the effectiveness of the installment plan referred to herein, the Trust shall pay all fees and costs by check payable to "Ray W. Sherman, Jr., Professional Corporation," in a total amount of $4`,493.80 3. The payment plan set forth in Paragraph 2 - above shall be treated as a Permanent Installment Plan pursuant to Rev. Tax. C. SS4216, It sed., except that. installment payments shall be made monthly rather than annually. 4. Consistent with the requirements of the Permanent Installment Plan, the total amount due for delinquencies and penalties accrued through the date that 4 0 the first payment is made pursuant to Paragraph 2(a) above shall constitute the principal amount due for purposes of this Agreement. The first payment of $20,000.00 shall be applied to decrease that principal amount. Thereafter, there shall be added to any unpaid principal a penalty sum of 1.5% per month. Each payment after the first payment shall be applied first to payment of any such accrued penalty and the remainder of each such payment shall be applied to redu:e the principal amount owing. After all such principal and penalties have been paid, the property shall be redeemed. 5. The amount of each %;f the installments of currently due taxes and assessments which shall becoma delinquent if not paid by December 10, 1983, and April 10,, 1984, on Parcel No. 49-80-44 is the sum of $21,121.15 and on Parcel No. 49-80-50 the sum of $8,504.11. Each and every one of those installments shall be paid in full by the Trust on or before the foregoing dates: 6. The parties agree that time is of the essence with respect. to each and every payment rexerred to herein, and the failure of the Trust to pay any amount by the due date set forth herein shall constitute a default under this 5 Agreement. Any default may result in the termination of the Trust's right of redemption as if no election to pay delinquent taxes in installments ever had been made, as provided by Rev. & Tax C. 54222. In the event of any such default, this installment plan will be terminated. 7. The Trust will not be required to answer the above -referenced Complaint provided each and every payment referred to herein is timely made in full. No additional fees and costs, or either of them, will be incurred in connection with the action or this settlement provided each payment is timely made in full. 8. In the event of any default by the Trust in the performance of this Agreement, and in addition... to any.._.. other consequences of default set forth in this Agreement,' an Answer shall be filed by the Trust within five (5} "days of the date of default, without additional notice. If no such Answer is filed, the City shall have the right to enter the Trust's default and to exercise any and all other rights, remedies and relief ordinarily available under those circumstances. Pendens recorded against the parcels shall be released if and only if the Trust timely pays in full all sums o€ money referred to herein. 10. This Agreement shall be of no force or effect unless and until it is Approved by the San Joaquin County Board of Supervisors, the San Joaquin County Tax Collector, and the City Council of the City of Lodi. 11. Each of the parties hereto shall do all acts and execute all documents reasonably required to give full force and effect to the terms of this Agreement. Dated: PWK C. ALEGIMs, SR.j, as Trustee of the Frank C. Alegre; Sr. and Helen C. Alegre Revocable Trust Dated,: HUWC. e r as Trustee of the Frank C. Alegre, Sr. and Helen C. Alegre Revocable f Trust 7 CITY OF LODI Dated: By SAN JOAQUIN COUNTY TAX COLLECTOR Dated: JOHN PROWSE cK1 APPROVED AS TO FORM AND CONTENT: FOR THE CITY OF LODI: RAY W. SHERMAN, JR. PROFESSIONAL CORPORATION Dated-: FOR THE TRUST: Dated: f- k RAY W. RMAN s JR.--. FREEMAN, RISHWAN i HALL.,' t ^ f k JAM E. GANZER SAN JOAQUIN COUNTY COUNSEL ` t J s( ti `yti 2 8 CITY COUNCIL EVELYN_M. OLSOK Me" JOHN Rs (Randy) SNIDER >v Mayon No Tempore ROBERT G. MURPHY IAMES W. PINKERTON. Jr. CITY OF LODI CITY HALL. 221 WEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 9S241 (209) 334-S634 October 10, 1983 HENRY A. GLAVES. It. City Manager ALICE M. RE IMCHE City Clerk RONALD M- STEIN City Attorney Ms. Susan Feller Riy "W Sherman,. Jr Professional Corporation Attorneys at Law l l l,` Boradway,. Penthouse aft `Jack `London Square Oakland, ,CA 94607 Re: City,of Lodi vs Alegre, et al Dear Ms: Feller :Pursuant` to 'your September 26, 1983 totter, enclosed herewith pleaso find authorizing Resolution No. 83-113, approving the Agreement with Frank and Helen Alegre. Should you have any questions regarding this action, please do not hesitate to call. RESOLUTION NO. 83-113 RESOLUTION APPROVING AN AGREEMENT WITH FRANK AND HELEN ALEGRE REGARDING THE PAYMENT OF DELINQUENT REAL PROPERTY TAXES AND SPECIAL ASSESSMENTS ON VARIOUS PARCELS IN THE CLUFF/TURNER ASSESSMENT DISTRICT NO. 1 RESOLVED that the City Council of the City of Lodi does hereby approve an'Agreement with Frank and Helen Alegre regarding the payment of delinquent real property taxes and special assessments on various parcels in the Cluff/Turner Assessment District No. 1 a copy of which is attached hereto` and marked Exhibit''A thereby made a part hereof. Dated :" ` Oe L ober 6. 1983 j I hereby certify that Resolution No. 83-113 was passed and adopted by the City Council of the City of Lodi in an adjourned -:.regular meeting held October 6, 1983 by the following vote: _ Ayes: Noes: Absent Council Members - Snider, Pinkerton, Reid. Murphy, and'Olsoh`(Mayor) Council Members - None Counct-1 . Members • - None F GGGCW /1t ' Alice M. Re niche City Clerk • _. r t sow ` ^E +cr aty fi h 83-113 F xth` AGREEMENT This Agreement is made by and between FRANK C. ALEGRE, SR., and HELEN C. ALEGRE, Trustees of the Frank C. Alegre, Sr. and Helen C. Alegre Revocable Trust (the Alegres and the Trust being referred to collectively for convenience hereinafter as "the Trust"), the City of Lodi (hereinafter "City") and the San Joaquin County Tax Collector (hereinafter "Tax Collector"), as follows; R E C I T A L S A. The Trust is the owner of record of two parcels of real property located in the City of Lodi, State of. California, to Wits Assessor's Parcel Nos. 49-80-44 and 49-80-50 (hereinafter "the parcels"). 8. On or about April 15, 1981, the City Council of the City of Lodi ordered construction of improvements^in the Turner/fluff Avenue Assessment District No. 1. In {` connection,,therewith,. assessments Nos. 8 and 9 were levied against Assessor's Parcel Nos. 49-80-44 and 49-80-50, 10 respectively, and such assessments constitute liens against those parcels. C. Payments are due on account of delinquent real property taxes and special assessments (hereinafter "the delinquencies") through September 30, 1983, in amounts of $59,896.01 and $25,264.72 on Parcel Nos. 49-80-44 and 49-80-50, respectively. D. Additional penalties (hereinafter "penalties") will continue to accrue on the delinquencies until they are fully paid. .Y _ E. To redeem the parcels the Trust must pay the sums referred to in Recitals C and D above,'togeU er.witi x- attorneys' fees and costs of $2,400:00 and $364..80, respectively, on Parcel No. 49-80-44 and $1,500.00 and tY $229.00, respectively, on Parcel No. 49-80-:50 (said attorneys' fees and costs on the parcels being referred to w hereinafter as "the fees and costa"). F. The City has. filed an action to foreclose the" lien of the assessments against the parcels, which action is F] Y7i. l V J 'f'!1� ,A Ni'� 1 - , ✓ ._1. . } Y \ LL. - L\ „�' y. b � � j ', I � ? `', riding asJCase'.No. 171280 in the San Joaquin Superior Court . ._. �, , �„ t r. -4 nom; (hereinafter "the action_"}. , \ > t S G. The parties deem it to ;be in their-: mutual 11 ! - •i•' . �l'•t. n- . h .. � '=.. in ,, . - to provide for an . , , .. allment payment plan wherebX •,.4 , the ri�linquencfes and penalties shall be paid- by the Trust - X w� � � ., 1. in installawnts,and the property thereby r@deemed consistent 1.r, �S tc . y�� , with .the terms ar►d conditions set forth hereinbelow. ` r „t ,' 5 � t e Y -' l t i u x �1�:7n�i: i a t�dW, THB.1tEFORl3 the parL.ties hrere�bo agree as x - \ 1 it[`C`DE �' , rr'4 y J.,rI. ••r; r .. S2F'J *••t t.v _ i s . fol�{lows:1. y az L t� 4 vrs } { �.uy•y n�,;;' x :: { t --t,, t t r'°„,y�, �14 �'•' v'4 �i{rt t F•d - c r vt tit { ` k I. " 1. The foregQinq recitals are `trn►+a �ancl cb`ect:�' r '� ',:{. -t \.!.; r ,,,, .•:D , S .� S l v. v„a t 1`b r;r .a ti...��'� +i6t:- �:-a.; ".' ysf"�''_'' a ..l. { s. r'; ,�^. , Tri y U u 1. 7 hq�- cS1' 1 i`7<•'"s,� n f .t *s it+�"`i� - .. . ,4. 4wY�; 2. Tho Trust- shall`pay��a]�1�,deingnecies, ` 'zz. �' �u 5+ ? 1 5 J s r` 4 t f ~ _ , -�"„c ` yK. y �, ...�`, 'K _ _" J{+r penaltfes,� ;anc .1f�ees aad Ycosts as- %l�s t z ,� , � � ., r dr '' ..` .- ,g tv� � ' s% qs, F+� z � +� �� M -• - �' i Y 't�,sr 1�. Qv. . t ±!' `F"x'' I , 5 ,a• "`t e JA �..•.: a t x f. { -r ,. ,e f+, "' y 11 1. .� - I , ,.t. Y �t a.: u. 'C k +�.. •.a'-'+�':. -- t`,, S ? J rt1 dJFF" Y' . aa'l` �g k 'L.1•a "' k �" sk 4 r.. i t .: z >. aL •J tis } r .. `�"a •ti Y y -t bsh� iM OntZt�I� 4 r�l �` 0: 3• at �'4 '` w i.. • peN .:'LW a :�y {.• r a' -Y >t .T""l r'€i fA. �s : a�.asI _�' wwi.'c:www%'ww,::<_..wt w__._�,�,•Tiiw_�1L�.`.ri.�c�"�tr any or. v $. r,} Ry 6 - n ; ., _,!;n. ° '` a Y?"Yff,i .•ffr. y..I Jn Jt�I.I. 'F %x 'RF ,c y rt ,h,.. .,L f a- R x r ,z F 4G _' o� ; they, , ore gof ng amounts are folly pbt . Was fo�loaa t T'he )) �: .C. f .fi iV, 1A'^A�sr(k..•.'r F. ! + �- y 3F ,�` ti -11—t+ \S,k j. fdd ,, first payrii n shall be wade • iriti n'` i ve iii days afte .. - ' r _ --Gu •3¢ i�d1 •S i 1 �* }i,,t f �` t c } r� Ante°'1. .. B hgreen►ent, is signed by the 8a `Joa n►' } � ! s .. { X '` `t. Y ' L- L Y i 4 F este 6r lleator �hereinaiter "the date, of - e�CeCutfOt!") Tom_ - r�F �� _ > s {^ t ) _ /� �k>,. yiY?3t•`.�.- s _ - k'd �. -. �,� ,>i� '�. v1.� tN\f y#.. \ �•i i ,{ �y Ks_'w k 1'r i6`"b K ..c;. �iF?, a% . x �i r xk. ;;" amt\ 4ti ,4 r�, < 4' y,'(.t nts+t>' VK t +`` s3 ts,r '^t ;b1" ��c�e►aiAig9 .payments mhall be made 1gOA _lxoar ?sort:. r��,,. oe v .1r'y7P'i t i l Xi„ >1�-t}h.-'n > i.„ .�5;�`.r _ ^-v r. �: iii "c Y. ,p. r, _$ 'Vi -4443 ri7�t �k-•t''%*�`>. ^Yj � s•'"' :_. I 1. 4 -11R js g. r J r< I -1- r Y r 'W, F"t.+ 'adv; ..iG .^�. 'anyS i �•` eta '" ( '"MSr , L ;�t�r b��4 y �. Z y F it CRY ,, i x ,U,/', � •� a., s,� fi $ �., �. r ! ^fa 5 'S,+ s: s rte. i Y '��-"�j.',-I 1, I I s,€c,�Ncrt •`�;, vL tt� �`" "" w—I*f!. 4'2. h � ��, \rSl 7}�a fs 4y L tf, ..a xr r:NMtTi�,`ti t�t"� i 1 ''n•� is rta� lktl E k' " x r �S 1.µ if Jd.1,..ph .11 kn '-.4 F i t �k �`.�1r z�3y7. i N l rt a r 1`�1�1e bu ti TP`q .x ,, 4 .�{i,,` e c er y„r', .t+� triskkT,`{q Yy';y�, anniversary date of the first payment. The last installment payment may be a sum less than $20,000.00, depending on the precise amount required to pay all delinquencies and penalties. Each such payment shall be made by check payable to the "San Joaquin County Tax Collector," and a copy of each check shall be mailed to Ray W. Sherman, Jr., Professional Corporation; and, b. Concurrently with the first payment to be made as set forth in Paragraph 2(a) above, and as a condition precedent to the effectiveness of the installment plan referred to herein, the Trust shall pay all fees and costs by check payable to "Ray W. Sherman, Jr., Professional Corporation," in a total amount of $4,493.80. ' 3. The payment plan set forth in Paragraph 2 above shall be treated as a Permanent Installment Plan pursuant to Rev. i Tax. C. S54216, et sem., except that installment payments shall be made monthly rather than annually. 4. Consistent with the requirements of the Permanent Installment Plan, the total amount due for delinquencies and penalties accrued through the date that 4 the first payment is made pursuant to Paragraph 2(a) above shall constitute the principal amount due for purposes of this Agreement. The first payment of $20,000.00 shall be applied to decrease that principal amount. Thereafter, there shall be added to any unpaid principal a penalty sum of 1.58 per month. Each payment after the first payment shall be applied first to payment of any such accrued penalty and the remainder of each such payment shall be applied to reduce the principal amount owing. After- all such principal and penalties have been paid, the property shall be redeemed. S. The amount of each of the installments of currently due taxes and assessments which shall become delinquent if not paid by December 10, 1983, and April 10, 1.984, on Parcel No. 49-80-44 is the sum of $21,121.15 and on Parcel No. 49-80-50 the sum of $8,504.11. Each and every one of those installments shall be paid in full by the Trust on or before the foregoing dates. 6. The parties agree that times is of the essence - with respect to each and every payment referred to herein, and the failure of the Trust to pay any amount by the due date set forth herein shall constitute a default under this 61 o _., Agreement. Any default may result in the termination of the Trust's right of redemption as if no election to pay delinquent taxes in installments ever had been made, as provided by Rev. b Tax C. 54222. In the event of any such default, this installment plan will be terminated. 7. The Trust will not be required to answer the above -referenced Complaint provided each and every payment referred to herein is timely made in full. No additional fees and costs, or either of them, will be incurred in connection with the action or this settlement provided each payment is timely made in full. B. In the event of any default by the Trust in the performance of this Agreement, and in addition, to any other consequences of default set forth in this Agreement, an Answer shall be filed by the Trust within five (5) days of the date of default, without additional notice. If no such Answer is filed, the City shall have the right to enter. the Trust's default and to exercise any and all other rights, remedies and relief ordinarily available under those circumstances. 6 - 9. The action shall be dismissed and the Lis Pendens recorded against the parcels shall be released if and only if the Trust timely pays in full all sums of money referred to herein. 10. This Agreement shall be of no force or effect unless and until it is approved by the San Joaquin County Board of Supervisors, the San Joaquin County Tax Collector, and the City Council of the City of Lodi. 11. Each of the parties hereto shall do all acts +zF " and execute all documents reasonably required to give., full force*and -effect. to the terms of this Agreement. Dated: e •Ire ' +� - — � r CITY OF LODI Dated: By SAN JOAQUIN COUNTY TAX COLLECTOR Dated: JOHN PROWSE APPROVED AS TO FORM AND CONTENT: FOR THE CITY OF LODI: PAY W. SHERIMAN, ,JR.: PROFESSIONAL'CORPORATZON Dateds `- HERMAN FOR TiiB>TRUSTs FREEMAN, RISHWAN & HALL 0 Al F Dated= ISR t 3 T1s "� . - • %.wx i.. F� } , i ?{ R i?+t ♦,t. 5 t 4 .. FOR <THB SRb1 J IN'. COUNTY p SAN 'JOAQUIDT aCOUNTY OUNS$L� - as.. _: { a 4s . Dated. • t y _ { � f ?.T -.'P t 7 W- id W e��'S' � ? i.,h'y+�: r }r r e aq, r ly Y it ty x�. RAY W. SHERMAN, J neOMMONAL C011►oP►nOM ATTORN>:1fS AT UAW III BROADWAY, PENTMOUSE AT JACK LONDON SQUARE OAKLAND, CALIFORNIA 94607 (415) 834.2748 September 26, 1983 a James E. Ganzer, Esq. Law offices of Freeman, Rishwain 6 Hall 1818 Grand Canal Boulevard Stockton, California 95207 aAr W. mamAlk R AMDAIW && aCKUM $USAN FO U4 of Coukul CLAR[ G "C"42W. P.C. RE: City of LodiV. Alegre, et al. Dear Mr. Ganzer: The followingis in response to po your. August : 23 and 29, 1983, proposing a schedule for payment infull of linquent assessments, penalties, attorneys' fees,.;and costs, .'`on Assessor's Parcel Nos. 49-80-44 and 49-80-50..We have prepared 'w the enclosed Agreement for signature by your_clients,:Frank C Alegre and Helen C. Alegre,, as trustees for the Frank C.•Alegre,. Sr, and`Helen C. Alegre Revocable Trust, "owner; of Parcels.r 49-80-44 and 49-80-50 of the Ciuff/Turner Assessment District No. 1. >.v It appears that the County Board of Supervisors`;may Yi"f have to approve the Agreement. In addition, thenty :Cou,Tax Collector, who has some discretion as to whether to aecept`aucb3� plan, has required Lodi City Council approval and has'Aalso� k4=tir= specified that the plan be treated as a Permanent InstallmentM Plari under Rev. 6 Tax- Code: 54216, et se , .: eixcept ,that; r Y I�v,` _ instal payments will be' made mon y _ rather ahan annually�� Therefore, we have referenced the salient features of tbe`,` Permanent Installment Plan generall or specifiaall in thea'>" Agreement,.but of course you should review the relevant code � sections yourself : Although we were. all hopeful``'paymentA could " begin: in September, it now appears that.preparaton and revier and apprAval of the Agreement will delay the first payment until October. co _ r T expedite,matters, es To e of this lett ter and th � , P n e enclosures are being Y Y sent to the Cit and the Count Tax Collector for review and approval. If an roblems.develo _I. PP Y P P�