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HomeMy WebLinkAboutResolutions - No. 2020-252RESOLUTION NO. 2020-252 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO SECOND AMENDED AND RESTATED GROUND LEASE WITH NORTHERN CALIFORNIA POWER AGENCY WHEREAS, in 1993, the Northern California Power Agency (NCPA) leased property from the City of Lodi for the purposes of building and operating a 49.9 Megawatt power plant (CT2); and WHEREAS, the initial lease include five acres located at the White Slough Water Pollution Control Facility; and WHEREAS, in 2010, the City and NCPA agreed to amend the ground lease ("Amended and Restated Ground Lease") by adding an additional five acres for the purposes of building and operating a 300 Megawatt power plant, referred to as the Lodi Energy Center (LEC); and WHEREAS, the ground lease was once again amended in 2013 ("Second Amended and Restated Ground Lease") primarily for the purpose of clarifying lease payments; and WHEREAS, as operations have expanded, NCPA approached the City requesting to amend the Second Amended Ground Lease to include a 2.3 acre site located just west of LEC, which is referred to as the "Annex;" and WHEREAS, staff recommends authorizing the City Manager to execute the First Amendment to Second Amended and Restated Ground Lease with Northern California Power Agency. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the First Amendment to Second Amended and Restated Ground Lease with Northern California Power Agency; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: November 4, 2020 I hereby certify that Resolution No. 2020-252 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 4, 2020, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None JENNIFER CUSMIR Y City Clerk 2020-252