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)
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