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HomeMy WebLinkAboutAgenda Report - May 21, 1997 (61)V aaiea CITY OF .COUNCIL COMMUNICATION `.. Q AGENDA TITLE: Special Service Payment Agreement for Extension of Electrical Facilities I MEETING DATE: May 21, 1997 SUBMITTED BY: Electric Utility Director i RECOMMENDED ACTION: That the City Council approve the Special Service Payment Agreement (Agreement) for extension of electrical facilities and authorize the City Manager to sign the Agreement. BACKGROUND: City of Lodi Electric Utility Department Rules and Regulations normally require prepayment of all costs to the City associated with providing capacity for intermittent use for motor testing power. In lieu of the above prepayment, the Customer, Mechanical Analysis / Repair, Inc., has requested that they be permitted to pay the above costs, with interest, over a thirty-six (36) month period. The amount to be financed is $4,168.00. Sufficient funds are available in the 16.1 Electric Utility Outlay Fund to finance this effort, and there will be no net negative effect on the fund over the course of the agreement. As a result of the Agreement, the Customer will be able to further develop his business by expanding the range of testing services currently supplied. FUNDING: None required. A //� adk Alan N. Vallow Electric Utility Director Prepared by Jack Stone, Director Business Planning and Marketing ANV/JLS/It c: City Attorney aproved -- ------ — H. Dixon Flynn City Manager H:%USER\ADMENtCTYCNCL11997\0521CC2.FRM May 15, 1997 EXTENSION OF ELECTRIC UTILITY FACILITIES SPECIAL SERVICE PAYMENT AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City" and MECHANICAL ANALYSIS/REPAIR, INC., hereinafter to as "Customer." RECITALS Customer is conducting a business situated in the City of Lodi, County of San Joaquin, and described as follows: Mechanical Analysis/Repair, Inc. 142 North Cluff Avenue Lodi, CA 95240 Customer is requesting Special Service as set forth in Electric Utility Department Rule and Regulation 15 E. Customer is further requesting payment of associated construction and transformation costs in equal monthly installments over a thirty-six (36) month period in lieu of full payment prior to Special Service construction as set forth in the above Rule and Regulation. The City Council will approve the payment of the above costs in thirty-six (36) equal monthly installments on condition that the Customer first enter into and executive this agreement with the City. NOW THEREFORE, in order to insure satisfactory performance by Customer of Customer's obligations under this agreement, the parties agree as follows: Customer agrees to pay Special Service costs in the amount of $4,168.00 in thirty-six (36) equal monthly installments of $131.44 at an interest rate of 8.43 percent. The first payment shall be due no later than the 10' of the month following the date of execution of this agreement. All subsequent payments are due no later than the 10"' of each month. 2. Each payment shall be credited first on interest due and the remainder on principal. 3. Customer shall have the right to prepay the remaining balance at any time without a prepayment penalty. 4. Upon closure of the Customer's electric utility account, all costs payable under this agreement shall become immediately due and payable. This agreement shall have no right of assignment. 5. If Customer fails to meet any specified payment as set forth in item #1 above within five (5) days following the due date, the Electric Utility Director or the City Council may serve written notice upon the Customer for breach of this agreement and the default of Customer. 6. In the event of any such notice of breach, Customer shall have the duty to pay, in full, the balance of the required fees. 7. This agreement shall be binding on the Customer, its heirs, successors or assigns. 8. A copy of the agreement shall be recorded in the office of the San Joaquin County Records, P.O. Box 1968, Stockton, California 95201-1968 9. All notices herein shall be in writing and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to City shall be addressed as follows: Alan N. Vallow Electric Utility Director City of Lodi 1331 South Ham Lane Lodi, CA 95242-3995 Notices required to be given to Customer shall be addressed as follows: Rick Leddy Mechanical Analysis/Repair, Inc. 142 North Cluff Avenue Lodi, CA 95240 IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing opposite their names. CITY OF LODI, a Municipal Corporation H. Dixon Flynn, City Manager ATTEST: Jennifer M. Penin, City Clerk APPROVED AS TO FORM: Randall A. Hays, Cit} Attorney CUSTOMER Date Date Rick Leddy Date RESOLUTION NO. 97-57 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE SPECIAL SERVICE PAYMENT AGREEMENT FOR EXTENSION OF ELECTRICAL FACILITIES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT BE IT RESOLVED, that the Lodi City Council hereby approves the Special Service Payment Agreement with Mechanical Analysis/Repair, Inc., for extension of electrical facilities; and BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute said agreement on behalf of the City of Lodi. Dated: May 21, 1997 ----------------------------------------------------------------- ---------------------------------------------------------------- I hereby certify that Resolution No. 97-57 was passed and adopted by the Lodi City Council in a regular meeting held May 21, 1997 by the following vote: AYES: Council Members - NOES: Council Members - ABSENT: Council Members - ABSTAIN: Council Members - 97-57 JENNIFER M. PERRIN City Clerk