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Division Reference: <br /> Applicant <br /> Customer Operations <br /> Plant Accounting GM 4478392 <br /> Customer Accounting <br /> Bonding Attorney PACIFIC GAS AND ELECTRIC COMPANY <br /> AGREEMENT FOR INSTALLATION OR ALLOCATION OF <br /> SPECIAL FACILITIES <br /> <br /> At the request of CITY OF PLEASANTON, ASSESSMENT DISTRICT 1984-2 <br /> <br /> (Applicant), PACIFIC GAS AND ELECTRIC COMPANY (PGandE) hereby agrees, as an accommodation, to install at the Applicant's <br /> expense within a reasonable time. or allocate for Applicant's use at STONERIDGE BUSINESS CENTER <br /> <br /> State of California, certain facilities consisting of EIGHT (8) GARDCO LUMINAIRES <br /> <br /> (Special Facilities), at an estimated total additional installed cost of $ 3'.'2'3'2 <br /> over and above the cost of standard facilities which PGandE would normally provide or allocate for regular service in acc~w~"F~' <br /> its tariffs on file with and authorized by the California Public Utilities Commission (Commission), subject to the following terms and <br /> conditions: <br /> <br /> 1. Applicant shall pay to PGandE. on demand and in advance of construction by PGandE. the initial sum of: <br /> <br /> (a) $ 3 2;32 (Advance) which consists of a credit of $ _(')_ for that portion of the facilities provided by and <br /> conveyed to Gand~ by the Applicant, and Appticant's payment of $ 3,232 representing PGandE's additional costs for Special <br /> P <br /> Facilities; plus, <br /> <br /> (b) $ -0- (Rearrangement) a nonrefundable amount representing PGandE's cost of rearranging existing facilities to <br /> accommodate the installation of the Special Facilities. <br /> <br /> 2. Applicant shall also pay to PGandE, in addition to the monthly rates and charges for service, at the option of PGandE, <br /> either: <br /> <br /> (a) A monthly charge for the Speci I Facilities of $ N/A (Cost of Ownership Charge) representing the continuing <br /> ownership costs of the Special Facilities (N~A % per month) d <br /> as etermined in accordance with the applicable percentage rate <br /> established in the Special Facilities section of'P'~dE's applicable Gas or Electric Rule No. 2, copy attached; or, <br /> <br /> Ib) $ 4.023* (Equiva,en, One-Time Payme.t)wh,ch is the preseo, worth <br /> I F perpetuity. Refunds and adjustments, if any, of the Advance <br /> for the Specia acil~ties in <br /> made in accordance with paragraph 13. Interest at the rate of 12.53% annually will be added to the unamortized balance of the <br /> Equivalent One-Time Payment on each anniversary of the date the p"S'~al Facilities are first made available, as such date is established <br /> in PGandE's records, before the current year's Cost of Ownership Charges are deducted. <br /> <br /> The monthly Cost of Ownership Charge shall commence on the date the Special Facilities are first available for Applicant's use, <br /> as such date is established in PGandE's records. PGandE will notify Applicant, in writing, of such commencement date. <br /> <br /> 3. The annual ownership cost used to determine the Equivalent One-Time Payment or used to determine the monthly charges <br /> in paragraph 2 above shall automatically increase or decrease without formal amendment to this agreement if the Commission should <br /> subsequently authorize a higher or lower percentage rate for monthly costs of ownership for Special Facilities as stated in Rule No. 2, <br /> effective with the date of such authorization. Thereafter, such revised annual ownership cost shall also be used to determine the <br /> unamortized balance of the Equivalent One-Time Payment. as provided in paragraph 13.(a). <br /> <br /> 4. Where it is necessary to install Special Facilities on Applicant's premises, Applicant hereby grants to PGandE: <br /> <br /> (a) the right to make such installation on Applicant's premises along the shortest practical route thereon and of sufficient <br /> width to provide legal clearance from all structures now or hereafter erected on Applicant's premises for any facilities of PGandE; and, <br /> <br /> (b) the right of ingress to and egress from Applicant's premises at all reasonable hours for any purposes reasonably <br />connected with the operation and maintenance of the Special Facilities. <br /> <br /> 5. Where formal rights of way or easements are required on and over Applicant's property or the property of others for The <br />installation of the Special Facilities, Applicant understands and agrees that PGandE shall not be obligated to install the Special <br />Facilities unless and until any necessary permanent rights of way or easements, satisfactory to PGandE, are granted without cost to <br />PGandE. <br /> <br /> 6. PGandE shall not be responsible for any delay in completion of the installation of the Special Facilities resulting from <br />shortage of labor or materials, strike, labor disturbance, war, riot, weather conditions, governmental rule, regulation or order, including <br />orders or judgments of any court or Commission, delay in obtaining necessary rights of way and easements, act of God, or any other <br />cause or condition beyond the control of PGandE. PGandE shall have the right, in the event it is unable to obtain materials or labor <br />for all of its construction requirements, to allocate materials and labor to construction projects which it deems, in its sole discretion, <br />most important to serve the needs of its customers, and any delay in construction hereunder resulting from such allocation shall be <br />deemed to be a cause beyond PGandE's control. <br />* CACULATION: ($3,232 ADVANCE)(15.6% ANNUAL OWNERSHIP AMOUNT)(7.98 PRESENT WORTH FACTOR <br /> BASED ON 12.53% INTEREST TO PERPETUITY) <br /> <br /> <br />