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C!gPIE~j PACIFIC GAS AND ELECTRIC COMPANY REFERENCE <br />/ / DIVISIO;~ SO 0143E3-9474 <br />/ / DEVELOPER AGREEMENT FOR UNDERGROUND LINE EXTENSION WITHIN GM 4331781 <br />/ / CONTROL BUREAU AID 1981-1 <br />/ / DISTRICT NEW COMMERCIAL OR INDUSTRIAL DEVELOPMENT <br /> <br /> 1. City Of Pleasanton, a California Municipal Corporation (City) and Delta Properties <br /> (Developer) has requested PACIFIC GAS AND ELECTRIC COMPANY (PGandE), i~ accordance with PGandE's Rule No. 15.2 <br /> (Underground Extension Rule) on file with the California Public Utilities Commission (Commission), a copy Of which <br /> Underground Extension Rule is attached and madn a part hereof, to make electric service available within that certain <br /> parcel or tract of land which Developer has or intends to improve or subdivide and which is situated in <br />Assessment District 1981-1, Pleasantoc~unty of Alameda State of California, <br /> <br /> known as Pleasanton Park, Tract 4788 Such electric service shall be made available within the <br /> parcel or tract of land by means of an underground electric distribution system and related facilities, including any <br /> required extension up to but not exceeding 200 feet in length outside the boundaries of the parcel or tract of land <br /> (Distribution System), as delineated on PGandE's plans and specifications attached and made a part hereof. <br /> <br /> 2. PGandE will, at its expense, subject to the terms and conditions of this agreement and in accordance <br /> wi th Section B.2 of the Underground Extensi on Rule, complete the Distribution System as requi red to serve permanently <br /> installed electric equipment within the development. <br /> <br /> 3. Developer will, as provided in Section B.1 of the Underground Extension Rule, and in accordance with <br /> PGandE's plans and specifications: <br /> <br /> {a) PerEorm {or arrange for the performance of) all necessary excavating and backfilling, including <br /> furnishing of any imported backfill material required. <br /> <br /> (b} Furnish and install {or arrange for the installation of} any conduit and other substructures, <br /> including but not limited to transformer pads, vaults, or enclosures. <br /> <br /> (c} Convey to PGandE such conduit and other substructures installed hereunder by the Developer free <br /> and clear of all liens and encumbrances by good and sufficient deed or deeds. <br /> <br /> (d} Pay PGandE prior to any construction by PGandE $ 0 (Reimbursement) which is PGandE's <br /> estimate of the installed cost of conduit and other substructures, if any, installed at PGandE's <br /> expense in conjunction with a previous extension in anticipation of Developer's current request <br /> for an extension. <br /> <br /> 4. PGandE will pay the Developer S 0 which is PGandE's estimate of the installed cost of that <br />portion of the conduit and other substructures installed by Developer hereunder, if any, required by PGandE in antici- <br />pation of future extensions. In the event the Developer arranges for the installation by PGandE of the conduit and <br />other substructures required hereunder and PGan~E also installs certain conduit or other substructures in anticipation <br />of future extensions, the Developer ~ill not be charged for any conduit or other substructures installed by PGandE in <br />anticipation of future extensions. <br /> <br /> 5. As provided in Section C of the Underground Extension Rule, the amount of $ 67,433 (Refundable <br />Amount) will be subject to refund for a period of three (3) years from the date PGandE is first ready to provide <br />service from the Distribution System, as such date is established in PGandE's records. The Refundable Amount is the <br />total of {a} the Reimbursement and {b) PGandE's estimate of the installed cost of the conduit and other substructures <br />to be installed and deeded to PGandE in accordance with Section 3 hereof, exclusive of the cost of vaults or enclosures <br />designed to acco~nodate transformers that will supply three-phase service and conduit or other substructures installed <br />in anticipation of future extensions. PGandE will notify the Developer of the date service is first made available. <br /> <br /> 6. PGandE will make refund payments to the ~i~ )x.~/, without interest, as follows: {all parties initial <br /> here) <br /> (a) At the end of the first 12-month billing period foll owing the date PGandE is first ready to provide <br /> service from the Distribution System, the total charges billed to customers for electric service <br /> furnished directly from the Distribution System, as established in PGandE's records, will be com- <br /> puted as a percentage of the total estimated cost of the Distribution System then installed. The <br /> amount of refund payment to the [Ye)~)q)vpl~) will be that same percentage of the Refundable Amount. <br /> City <br /> (b) If the entire Refundable Amount is not eligible for a refund payment at the end of the first <br /> 12-month billing period, the same computation will be made again at the end of the second 12-month <br /> billing period and a refund payment will be made based upon the amount by which the total refund <br /> payn/ent then due exceeds the amount already refunded. <br /> <br /> (c) If necessary, the same percentage calculation will be made for the third ]2-month billing period <br /> .and a final refund payment will be made, based upon the amount by which the total refund payment <br /> then due exceeds the amount already refunded. <br /> estimated cost of the Distribution System" as referred in Paragraph 6(a) of this <br /> Rule 15.2 agreement is $127,433. <br /> <br />The "total <br />62-3183 <br /> <br /> <br />