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HomeMy WebLinkAboutResolutions - No. 4174RESOLUTION NO. 4174 RESOLUTION ADOPTING THE ESTABLISHED POLICY OF THE CITY OF LODI FOR ELECTRICAL UTILITY REIMBURSEMENT FOR MOBILE HOME PARK CONVERSIONS. RESOLVED, that the following agreement embodies the established policy of the City of Lodi for electrical utility reimbursement for mobile home park conversions: ELECTRICAL UTILITY REIMBURSEMENT AGREEMENT MOBILE HOME PARK CONVERSION THIS AGREEMENT made and entered into this day of 19--t by and between hereinafter designated "Owner, " and the CITY OF LODI, a municipal corporation located in the County of San Joaquin, State of California, hereinafter designated "City, " WITNESSETH: WHEREAS, Owner is desirous of terminating electric service to the presently existing "master meter" in the mobile home park known as and located at and is desirous of having the City provide electric service directly to each individual mobile home; and WHEREAS, Owner is desirous of having City lay and install new electrical facilities to individual metering pedestals within said mobile home park; and WHEREAS, City and Owner hereto are mutually desirous of providing for the manner and method of paying the cost of installing said facilities; NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, City and Owner hereto do hereby mutually covenant and agree as follows: I City covenants and agrees to bring to and install within the above mobile home park the necessary electrical facilities to serve the individual users. The installation within said mobile home park to be within the easements provided for utilities as shown upon said mobile home park map, a copy of which is attached hereto. II Excavating and backfilling of the necessary trenches to the specifications of the City shall be the obligation cE Owner. The coordination of the installation of the electrical facilities, along with the installation of other underground utility lines, shall be the obliga- tion and responsibility of the Owner. III Owner does hereby agree to pay City the sum of to cover the cost of installing said electrical facilities. Payment shall be made upon execution of this agreement. City agrees to re- fund to Owner the sum of at the rate of $2. 50 per month, payable quarterly, for each connection to the electrical facilities within the mobile park. Said payments shall continue until the sum of has been refunded to Owner, or until ten years from date of this agreement, whichever event first occurs. It is expressly understood and agreed that the obligation of City to repay Owner shall not include the payment of any interest whatsoever. For the reason that City is making payments from revenue derived solely from the use of the electrical facilities installed in Owner's mobile home park, it is mutually understood and agreed that City shall be under no obligation to commence payments unless and until the electricity is not only connected to the individual mobile home space, but also that said space is used and occupied. Nothing in this agreement shall be construed as preventing City, at its option, from repaying Owner at a faster rate than the amount provided for herein. IV In the event that any time within ten years of the date of this contract, the real property is no longer used for a mobile home park, then Owner, his successors or assigns shall pay to Gity all monies theretofore refunded to Owner, pursuant to this agreement and this agreement shall thereupon terminate and no longer be binding on either party hereto. Owner consents and agrees that City will not be under any obligation to issue a building permit to Owner, his successors or assigns until City has been reimbursed for the monies theretofore paid to Owner under the reimbursement provisions of Paragraph III above. V Owner further agrees to pay to the City the sum of to reimburse the City for the remaining value of the existing "master meter" electric system, plus removal costs, less any salvage value. Payment shall be made upon execution of this agreement. -2- IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first hereinabove written, CITY OF LODI By ATTEST: Dated: March 3, 1976 I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Resolution No. 4174 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 3, 1976 by the following vote: AYES: Councilmen - EHRHARDT, HUGHES, KATNICH, PINKERTON and SCHAFFER NOES: Councilmen - None ABSENT: Councilmen - None _a .1 'r Alice M City Clerk ,7" r -3- 4174