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HomeMy WebLinkAboutPG&E - Sunrise Park ~&fiC Gas and Electric Company r:Iif&~ Agreement to Perform Tariff Schedule Related Work DISTRIBUTION: REFERENCE: LIS o APPLICANT (Original) Notification 101708460 o DIVISION (Original) o ACCTG. SVCS. CITY OF GILROY. A GOVERNMENTAL AGENCY ,(Applicant) has requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), to perform the tariff schedule related work as located and described in paragraph 3 herein. E~ ~' '." \~J PG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials and related facilities required therefore, subject to the following conditions: 1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a form satisfactory to PG&E and without cost to it 2. Applicant shall indemnify and hold harmless PG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of PG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of PG&E, Applicant or any third party, arising out of or in any way connected with the performance of this agreement, however caused, except to the extent caused by the active negligence or willful misconduct of PG&E, its officers, agents and employees. Applicant will, on PG&E's request, defend any suit asserting a claim covered by this indemnity. Applicant will pay all costs that may be incurred by PG&E in enforcing this indemnity, including reasonable attorney's fees. 3. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by PG&E. If more space is required, use other side and attach'any necessary drawings as Exhibits A, B, C, etc): 9525 SADLER AVENUE, Gilroy CA / LOCATION: DESCRIPTION OF WORK: Install Service to Traffic Control PG&E to connect City Owned and operated streetlights at the above location - Cost of Installation: Cost to Connect Service to streetlight $435.00 4. Applicant shall pay to PG&E, promptly upon demand by PG&E, as the complete contract price hereunder, the sum of Four Hundred Thirty-Five dollars ($435.00) Upon completion of requested work, ownership shall vest in: D Applicant [8J PG&E Executed this /?.;;H day of (j'"Vt...y 20 ~ PACIFIC GAS AND ELECTRIC COMPANY Title: City Administrator ~~ Kelly Ball~ (PrinVType Name) Title: SERVICE PLANNING SUPERVISOR BY: Mailina Address: William Headlev .Jr ssg ::~~:7~1:~~i~~G&E SERVICE PLANNING ~~:;:; ~; 2 ~;~R~~:ieel BDOC # t s- g- c; p '5 CJ Advice No. 1633-G/1342-E Effective: 4/02/91 JUL 1 9 REC'O BY: CINNA \ I Pacific Gas and Electric Company DISTRIBUTION SERVICE AND EXTENSION AGREEMENT DECLARA TIONSl ~UTION: l:Q).pplicant (original) o Division (original) o Cust. Acctg. o T&CS Submitted to Applicant by: DIANE S/L VEIRA Date of issuance: APRIL 11, 2005 REFERENCES: Notification # E-PM # G-PM # Bill Doc # MLX# Customer # 101360889 30393019 (, 5J l-~ ~ I v-r i ~~5Li :3 Lf to 9 ~5'K 1. CITY OF GILROY, A GOVERNMENTAL AGENCY (Applicant), has requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), to provide for the installation of Electric facilities and to deliver Electric energy to the property situated at 9525 Sadler Avenue, Gilroy, CA and described in Exhibit B - Location Map. These facilities shall be installed in accordance with the applicable rules on file with the California Public Utilities Commission (CPUC) and the requirements set forth in the Provisions attached and made part of this agreement. 2. Construction Options Applicant selects under the applicable Rules of 15 and 16 to have: III PG&E install NIA and Electric Srvc & Oistrbtn facilities under provisions of PG&E's Rule 15 and 16, as applicable. * Applicant to perform trenchin~. conduit and substructure installation. C A qualified Contractor install NIA and N/A facilities under provisions of PG&E's Rule 15 and 16, as applicable. * C Other: NA C Other: NA * If Applicant agrees to have a qualified contractor install facilities, PG&E is not bound to perform the installation of said facilities. Attachments: [E) Provisions III Exhibit A - Cost Summary III Exhibit B - location Map C Gas Rule 2 III Electric Rule 2 C PG&E's General Terms and Conditions for Gas and Electric Service by Applicant ----..... Applicant: Please initial here tD cDnfirm that yDu have received all Df the Aftachments:' ?<'{:2-) 1:1 C c III Gas Rule 15 Electric Rule 15 Gas Rule 16 Electric Rule 16 1 Automated Document, Preliminary Statement, Part A. CUST # .+6 q 's 5 K_ ORDER # ...::(,0 rf 6 7 d- Lf 7 BDOC # ~.-s 1;)- () { 7 i --~----" Form 62-0980 Tariffs and Compliance Advice No. 2316-G/2116-E Decision No. 96-06-079 Effective Date: July 9, 2001 RefundfDiscount Option Selection Applicant, in accordance with PG&E's extension rules, must select one of the following options. Please check the boxes for the option and commodities selected (gas and/or electric). Once the selection has been made, it cannot be changed. Please confirm that selection by initialing the adjacent line. u 1 O-year Refund Option U Gas o Eiectric Appiicant's initiais - or- D .I' / Non-Refundable 50% Discount Op~{ D Gas ~Iectric / I <--~ ~'-'"'- .1 Applic.nt'~ .. e ACCEPTED: Applicant: CITY OF GILROY, A GOVERNMENTAL AGEN~~.?"'~-----'---~ / I. ~ ~..__.__..__../-- --: C"><"~l .-..' c) .--.-". -.- '-- BY: (Authorized Signature) ./' Jay Baksa (Type or Print Name) ~-_.._./ TITLE: City Administrator MAILING ADDRESS: 7351 Rosanna Street Gilroy, CA 95020 PACIFIC GAS AND ELECTRIC CO. BY: ~~ ~~r:::r (Author~Signature) Kelly Ball~ (Type or Print Name) TITLE: Service Planning Supervisor DIVISION: Cinnabar I 3 Execution Date: /?'79Y /6~ , ~ Form 62-0980 Tariffs and Compliance Advice No. 2316-G/2116-E Decision No. 96-06-079 Effective Date: July 9, 2001 Pacific Gas and Electric Company DISTRIBUTION SERVICE AND EXTENSION AGREEMENT EXHIBIT A - COST SUMMARY REFERENCES: Notification E-PM G-PM 101360889 30393019 Applicant: City of Gilroy, a Governmental Agency Project Location/Name: 9525 Sadler Avenue, Gilroy, CA SUMMARY OF PAYMENTS The total cash payment you need to make depends upon your selection of the 10 Year Refundable Advance Option or the Non-Refundable Discount Option for your gas and/or electric extension under Rule 15. Since you may elect one option for the gas extension and a different option for the electric extension, several different cash payments are available. Each payment option is summarized below. These payments include all billing under this Agreement including payments subject to refund, and non-refundable payments. To determine what is refundable or non-refundable, or to see full detailed billing information, please see the attached cost summaries. Even if you have no payment due for your gas and/or electric extension (Rule 15), you must still elect the 10 Year Refundable or Non-Refundable Discount Option for each extension on the second page of the Declarations. 10 Year Refundable Advance Option - Gas & Electric (1) $ 34,158.41 (2) -- 0 R -- Non-Refundable Discount Option - Gas & Electric (1) $ 18,321.54 (3) -- OR -- 10 Year Refundable Advance Option - Gas I (1) Non-Refundable Discount Option - Electric $ 18,321.54 (2) -- OR -- 10 Year Refundable Advance Option - Electric I (1) Non-Refundable Discount Option - Gas $ 34,158.41 (2) (1) Amounts shown do not include reimbursements for facilities that are normally the responsibility of PG&E per our tariffs. See the Reimbursement Summary for a total of ail Reimbursements to be paid upon acceptance of facilities. (2) The payment amount shown on this line includes both refundable payments under Rule 15 for the gas and/or electric extension, plus other non-refundable payments. The total payment is not subject to refund. Please see the attached detailed Cost Summaries to determine the portion of this payment that may be subject to refund. (3) The payment amount shown on this line includes only non-refundable payments under Rule 15 for the gas and/or electric extension, plus other non-refundable payments. None of the payment shown is subject to refund. Page 1 of 1 Form 79-1004 Tariffs and Compliance Advice 2458-G-C/2379-E-C Decision 03-03-032 Effective: July 1, 2004 * Automated document, Preliminary Statement, Part A I~ Pacific Gas and Electric Company DISTRIBUTION AND SERVICE EXTENSION AGREEMENT EXHIBIT A - COST SUMMARY * REFERENCES: Notification # 101360889 EMLX-PM # 30393019 E16R-PM # ERR-PM # MLX# Applicant: City of Gilroy. a Governmental Aqency Project Location/Name: 9525 Sadler Avenue. Gilroy. CA ELECTRIC DISTRIBUTION LINE AND SERVICE EXTENSION COST SUMMARY Cost of Ownership charges as described in the rules and in the Unsupported Extension Cost section of the Provisions of this Agreement: Apply Total number of residential lots/units for this project: Total number of non-residential lots/units for this project: o 1 Calculations to determine excess residential service allowance to be applied to distribution line refundable amount on a per lot/unit basis: Cost of Services: (5) Engineering & Administrative Costs Value of Applicant Design Work Service Tie-In Cost (Energized) by PG&E Electric Metering Other Charges: N/A Inspection Fees Service Cost - PG&E installed # Services 1 Service Cost - Applicant installed # Services 0 (+) (+) (+) (+) (+) (+) (+) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 (4) $0.00 $0.00 (5) Total Estimated Cost of Service Subject to Allowance (=) $0.00 Cost of Service Within Allowance: less Total Residential Service Allowance $1,313.00 x 0 Excess SerJice Cost = (- ) (=) (=) $0.00 (1) $0.00 $0.00 Estimated Service Cost Within Allowance (Total less Excess) Average Cost per Lot or Unit Within Allowance $0.00 / 0 = Excess Service Allowance Applied to Distribution Line Extension Refundable Amount per Lot or Unit: $1,313.00 Allowance $0.00 $0.00 ** $0.00 Ave. Cost / Unit = Page 1 of 4 Form 79-1004 Tariffs and Compliance Advice 2458-G-C/2379-E-C Decision 03-03-032 Effective: July 1, 2004 * Automated document, Preliminary Statement, Part A = $0.00 (+) $0.00 (=) $0.00 = $701.75 (+) $238.60 (=) $940.35 = (- ) $0.00 (=) $940.35 Allowances Residential: x N/A LotslUnits $1,313.00 Allowance plus ITCC @ 34.0% Residential Allowances SUB TOTAL Residential Allowances Non-Residential: $112.00 .1596 Net Annual Revenue Cost-of-Service-F actor plus ITCC @ 34.0% Non-Residential Allowances SUB TOTAL Non-Residential Allowances less Residential Service Allowance: N/A x $0.00 ) + 34.0% LotslUnits Ave. Cost / Unit ITCC Total Distribution Line Extension Allowance Amount Subject to Refund Engineering & Administrative Costs Value of Applicant Design Work (+) Tie-In of Distribution Line Extension by PG&E (+) Electric Metering (Non-Residential Projects) (+) Other Charges: N/A (+) PG&E installed - Cost of Distribution Line and Non-Res Svcs. (+) Applicant installed - Cost of Distribution Line and Non-Res Svcs. (+) Value of Distribution Substructures (+) Inspection Fees (+) SUB TOTAL (=) plus ITCC @ 34.0% (+) Total Refundable Amount (=) Less Total Allowances (not to exceed Total Refundable Amount) (-) Balance: Net Refundable Amount (=) 10 Year Refundable Advance Option Balance: Net Refundable Amount Less Credit for Value of Applicant Design Work (-) Less Cost of Dist. Line Ext. and Non-Res Svcs. installed by Applicant (-) Less Distribution Substructures by Applicant (-) Net 10 Year Refundable Advance Option Payment Non-Refundable Discount Option Balance: Net Refundable Amount less Discount $31,673.73 x Balance = (- ) 50.0% Discount Rate Less Credit for Value of Applicant Design Work (-) Less Cost of Dist. Line Ext. and Non-Res Svcs. installed by Appiicant (-) Less Distribution Substructures by Applicant (-) Net Non-Refundable Discount Option Payment * Automated document, Preliminary Statement, Part A Page 2 of 4 $4,898.11 $0.00 $1,560.19 $1,219.91 $0.00 $16,660.66 $0.00 (5) $0.00 $0.00 (4) $24,338.87 $8,275.22 $32,614.09 $940.35 $31,673.73 $31,673.73 $0.00 $0.00 (5) $0.00 $31,673.73 (2) (=) $31,673.73 $15,836.87 $0.00 $0.00 (5) $0.00 $15,836.86 (2) (=) Form 79-1004 Tariffs and Compliance Advice 2458-G-C/2379-E-C Decision 03-03-032 Effective: July 1, 2004 Non-Refundable Payments Rule 16 Non-Refundable Payments Excess Service Costs $0.00 Service Costs Beyond Preferred Service Location (+) $0.00 Service Risers (+) $0.00 Value of Rule 16 Land Riqhts Costs (+) $79.00 Value of Service Trench, Conduits & Substructures in the (+) $4,140.00 Franchise Area or on 3rd Party Property Inspection Fees (+) $583.00 Rule 16 Trench Permits Obtained by PG&E (+) $0.00 Other Charges: N/A (+) $0.00 Cost of Additional Rule 16 Applicant Design Plan Checks (+) $0.00 SUB TOTAL (=) $4,802.00 Plus ITCC @ 34.0% (+) $1,632.68 Plus Non-Taxable Other Charges: N/A (+) $0.00 D.04-05-055 Line Extension Costs - Residential (+) $0.00 D.04-05-055 Line Extension Costs - Non-Residential (+) $190.00 Inspection Fees (not subject to ITCC) (+) $0.00 Plus Service Trench, Conduits, & Substructures installed by (+) $0.00 PG&E on Private Property Less Excess Service Facilities Installed by Applicant (- ) $0.00 Less Service Costs Beyond Preferred Location by Applicant (- ) $0.00 Less Service Riser Installed by Applicant (- ) $0.00 Less Service Trench, Conduits, & Substructures in the (- ) $4,140.00 Franchise Area & 3rd Party Property installed by Applicant Less Rule 16 Applicant Design Work Associated with Excess (- ) $0.00 Total Rule 16 Non-Refundable Payment (=) $2,484.68 Rule 15 Non-Refundable Payments Inspection Fees $0.00 Re-engineering / Composite Fees (+) $0.00 Cost of Additional Applicant Design Plan Checks (+) $0.00 Value of Distribution Conduits (+) $0.00 Distribution Risers Installed by PG&E (+) $0.00 Value of Distribution Trench (+) $0.00 PG&E Land Rights Costs (+) $0.00 Rule 15 Trench Permits Obtained by PG&E (+) $0.00 Other Charges: N/A (+) $0.00 SUB TOTAL (=) $0.00 Plus ITCC @ 34.0% (+) $0.00 Less Distribution Conduits Installed by Applicant (- ) $0.00 Less Distribution Trench Provided by Applicant (- ) $0.00 Total Non-Refundable Electric Rule 15 Payment (=) $0.00 Relocation / Rearrangement of PG&E Facilities Value of Relocation/Rearrangement Facilities $0.00 Value of Relocation/Rearrangement Conduits & Substructures (+) $0.00 Value of Relocation/Rearrangement Trench & Excavation (+) $0.00 Engineering & Administrative Costs (+) $0.00 * Automated document, Preliminary Statement, Part A Page 3 of 4 Form 79-1004 Tariffs and Compliance Advice 2458-G-C/2379-E-C Decision 03-03-032 Effective: July 1, 2004 Value of Relocation Applicant Design Work Cost of Additional Applicant Design Plan Checks Tie-In of Relocation/Rearrangement by PG&E Relocation/Rearrangement Trench Permits Obtained by PG&E Relocation/Rearrangement Land Rights Relocation/Rearrangement Inspection Fees SUB TOTAL Plus ITCC @ 34.0% Plus Relocation/Rearrangement - Non Taxable Less Relocation/Rearrangement Facilities Installed by Applicant Less Conduits & Substructures Installed by Applicant Less Trench & Excavation Provided by Applicant Less Value of Relocation Applicant Design Work Less Relocation/Rearrangement Salvage Total Relocation/Rearrangement of PG&E Facilities Payment (+) $0.00 (+) $0.00 (+) $0.00 (+) $0.00 (+) $0.00 (+) $0.00 (=) $0.00 (+) $0.00 (+) $0.00 (- ) $0.00 (- ) $0.00 ( -) $0.00 (- ) $0.00 (- ) $0.00 (=) $0.00 Total Payment for Electric Distribution Line and Service Extension Cash Payment -10-Year Refundable Advance Option Rule 15 Refundable Advance Payment Rule 16 Non-Refundable Payment Rule 15 Non-Refundable Payment Relocation/Rearrangement of PG&E Facilities Payment Total -- OR -- Cash Payment - Non-Refundable Discount Option Rule 15 Non-Refundable Discount Option Payment Rule 16 Non-Refundable Payment (Not Subject to Discount) Rule 15 Non-Refundable Payment (Not Subject to Discount) Relocation/Rearrangement of PG&E Facilities Payment Total $31,673.73 (3) $2,484.68 $0.00 $0.00 (+) (+) (+) (=) $34,158.41 $15,836.86 (3) (+) $2,484.68 (+) $0.00 (+) $0.00 (=) $18,321.54 Value of Electric Facility Reinforcements by PG&E: N/A based upon Applicant's estimated demand of: N/A kVa (Reference: Payment Adjustments. Excess Facilities section of the Provisions) (1) Total Service Allowance not to exceed the Cost of Service (2) 10 Year Refundable and Discount Option credit amounts will be paid upon acceptance of facilities. Credit amounts are subject to future deficiency billing in accordance with the tariff. (3) 10 Year Refundable and Discount Option credit amounts do not offset Other Non-Refundable or Relocation Fees. See Reimbursement Summary for a total of Reimbursements and Credits to be paid upon acceptance of facilities. (4) Inspection Fees (Only Refundable if Applicant's Actual Cost is Used. Applicant's Actual Cost + Inspection Cannot Exceed PG&E's Estimate) (5) The lower of PG&E's estimated costs or the Applicant's Contract Anticipated Costs (as documented on Form 79-1003 "Statement of Contract Anticipated Costs") wi!! be used to establish the cost of Service and Distribution Line Extension subject to Allowance ** PG&E USE ONLY Excess service allowance applied to distribution refundable amount per lot/unit $0.00 + $0.00 = $0.00 Allowance 34.0% ITCC Refund per Residential LoUUnit * Automated document, Preliminary Statement, Part A Page 4 of 4 Form 79-1004 Tariffs and Compliance Advice 2458-G-C/2379-E-C Decision 03-03-032 Effective: July 1, 2004 m Pacific Gas and Electric Company DISTRIBUTION AND SERVICE EXTENSION AGREEMENT EXHIBIT A - COST SUMMARY REFERENCES: Notification EMLX-PM E16R-PM E20B-PM E20C-P M ELS-PM GMLX-PM G16R-PM 101360889 30393019 Applicant: City of Gilroy. a Governmental Agency Project Location/Name: 9525 Sadler Avenue, Gilroy. CA REIMBURSEMENT SUMMARY Reimbursements are provided for facilities that are installed by the Applicant which are normally the responsibility of PG&E per our tariffs. Reimbursements will be made after the facilities are accepted by PG&E, operational and ready to supply service. Reimbursable payments made for services will be reimbursed at the average rate shown as each service is connected. All reimbursements will be based upon PG&E's estimated costs. Electric Rule 15 10 Year Refundable Advance Credit Amount wI Non-Refundable Discount Credit Amount $0.00 (1) - or - $0.00 (1) (+) $0.00 (+) $0.00 (=) $0.00 - or- (=) $0.00 Non-Refundable Discount Option Credit Amount Joint Pole Credits PG&E Betterments SUB TOTAL: wI 10 Year Refundable Advance Credit Amount Electric Rule 16 Joint Pole Credits Applicant Design Work within the Allowance SUB TOTAL: Non-energized System $0.00 (+) $0.00 (=) $0.00 $0.00 IserJice (2) $0.00 Iservice (2) Reimbursements per Service Completion - Electric Energized System Electric Rule 208 Joint Pole Credits Rule 20B Payment Credit SUB TOTAL: (+) $0.00 $0.00 (=) $0.00 Electric Rule 20C Joint Pole Credits Rule 20C Payment Credit SUB TOTAL: (+) $0.00 $0.00 (=) $0.00 Page 1 of 2 Form 79-1004 Tariffs and Compliance Advice 2458-G-C/2379-E-C Decision 03-03-032 Effective: July 1, 2004 * Automated document, Preliminary Statement, Part A Streetlights LS-1 Standard Luminaries Standard Poles & Arms Protective Tubes Internal Wiring Overhead Conductor Underground Conductor Connections LS-2 Connections SUB TOTAL: $0.00 (+) $0.00 (+) $0.00 (+) $0.00 (+) $0.00 (+) $0.00 (+) $0.00 (+) $0.00 (=) $0.00 Gas Rule 15 10 Year Refundable Advance Credit Amount $0.00 (1) - or- Non-Refundable Discount Option Credit Amount PG&E Betterments SUB TOTAL: w/10 Year Refundable Advance Credit Amount (+) $0.00 (1) $0.00 wI Non-Refundable Discount Credit Amount (=) (=) $0.00 - or- $0.00 Gas Rule 16 Stub Services Applicant Design Work within the Allowance SUB TOTAL: Non-Pressurized System $0.00 (+) $0.00 (=) $0.00 $0.00 Iservice (2) $0.00 /service (2) Reimbursements per Service Completion - Gas Pressurized System Total Reimbursement 10 Year Refundable Advance Option - Gas & Electric $0.00 (3) -- OR -- Non-Refundable Discount Option - Gas & Electric $0.00 (3) -- OR -- 10 Year Refundable Advance Option - Gas / Non-Refundable Discount Option - Electric -- OR -- 10 Year Refundable Advance Option - Electric / Non-Refundable Discount Option - Gas $0.00 (3) $0.00 (3) (1) 10 Year Refundable and Discount Option credit amounts will be paid upon acceptance of facilities. Credit amounts are subject to future deficiency billing in accordance with the tariff. (2) This Reimbursement will be paid on a per service basis as each service is completed. (3) Excludes service completion reimbursements made under Rule 16. Service completion reimbursements will be made as each service is connected, on a per service basis. Page 2 of 2 Form 79-1004 Tariffs and Compliance Advice 2458-G-C/2379-E-C Decision 03-03-032 Effective: July 1, 2004 * Automated document, Preliminary Statement, Part A I~D Division o Applicant . 0 Customer Operations I r~ 0 Piant Accounting o 0 Customer Billing REFERENCES: Notification E2D-PM # Customer # Billing Doc.# 101360889 30393019 PACIFIC GAS AND ELECTRIC COMPANY AGREEMENT FOR INSTALLATION OR ALLOCATION OF SPECiAL FACiliTiES "SuM~~ At the request of City of Gilroy. a Governmental AQency (Applicant), PACIFIC GAS AND ELECTRIC COMPANY (PG&E) hereby agrees, as an accommodation, to install at the Applicant's expense within a reasonable time, or allocate for Applicant's use at 9525 Sadler Avenue. Gilroy. CA, State of California, certain facilities consisting of SPECIAL FACILITIES TRANSFORMER & SUBSTRUCTURES (Special Facilities), at an estimated total additional installed cost of $10,657.00 over and above the cost of standard facilities which PG&E would normally provide or allocate for regular service in accordancae with its tariffs on file with and authorized by the California Public Utilities Commission (Commission), subject to the following terms and conditions: 1. Applicant shall pay to PG&E, on demand and in advance of construction by PG&E, the initial sum of: (a) $14,280.38 (Advance) which consists of a credit of $5,638.86 for that portion of the facilities provided by and conveyed to PG&E by the Applicant, and Applicant's payment of $8,641.52 representing PG&E's additional costs for Special Facilities; plus, (b) $0.00* (Rearrangement) a nonrefundable amount representing PG&E's cost of rearranging existing facilities to accommodate the installation of the Special Facilities. 2. Applicant shali also pay to PG&E, in addition to the monthly rates and charges for service, at the option of PG&E, either: (a) A monthly charge for the Special Facilities of $0.00 (Cost of Ownership Charge) representing the continuing ownership costs of the Special Facilities (0.00% per month) as determined in accordance with the applicable percentage rate established in the Special Facilities section of PG&E's applicable Gas or Electric Rule No.2, copy attached; or, (b) $7,700.41 (Equivalent One-Time Payment) which is the present worth of the monthly ownership costs (0.46%) for the Special Facilities in perpetuity. Refunds and adjustments, if any, of the Advance and Equivalent One-Time Payment will be made in accordance with paragraph 13. Interest at the rate of (7.6%) annually will be added to the unamortized balance of the Equivalent One-Time Payment on each anniversary of the date the Special Facilities are first made available, as such date is established in PG&E's records, before the current year's Cost of Ownership Charges are deducted. The monthly Cost of Ownership Charge shall commence on the date the Special Facilities are first available for Applicant's use, as such date is established in PG&E's records. PG&E will notify Applicant, in writing, of such commencement date. 3. The annual ownership cost used to determine the Equivalent One-Time Payment or used to determine the monthly charges in paragraph 2 above shall automatically increase or decrease without formal amendment to this agreement if the Commission should subsequently authorize a higher or lower percentage rate for monthly costs of ownership for Special Facilities as stated in Rule No.2, effective with the date of such authorization. Thereafter, such revised annual ownership cost shall also be used to determine the unamortized balance of the Equivalent One-Time Payment, as provided in paragraph 13.(a). *Income Tax Component of Contribution (ITCC) applies, at the rate of 34.0% as defined in Pacific Gas & Electric Company's Electric Preliminary Statement Section J or Gas Preliminary Statement Section P. 1 of 3 pages Form No. 79-255 Tariffs & Compliance Revised 4/82 Automated document, Preliminary Statement, Part A 4. Where it is necessary to install Special Facilities on Applicant's premises, Applicant hereby grants to PG&E: (a) the right to make such installation on Applicant's premises along the shortest practical route thereon and of sufficient width to provide legal clearance from all structures now or hereafter erected on Applicant's premises for any facilities of PG&E; and, (b) the right of ingress to and egress from Applicant's premises at all reasonable hours for any purposes reasonably connected with the operation and maintenance of the Special Facilities. 5. Where formal rights of way or easements are required on and over Applicant's property or the property of others for the installation of the Special Facilities, Applicant understands and agrees that PG&E shall not be obligated to install the Special Facilities unless and until any necessary permanent rights of way or easements, satisfactory to PG&E, are granted without cost to PG&E. 6. PG&E shall not be responsible for any delay in completion of the installation of the Special Facilities resulting from shortage of labor or materials, strike, labor disturbance, war, riot, weather conditions, governmental rule, regulation or order, including orders or judgments of any court or Commission, delay in obtaining necessary rights of way and easements, act of God, or any other cause or condition beyond the control of PG&E. PG&E shall have the right, in the event it is unable to obtain materials or labor for all of its construction requirements, to allocate materials and labor to construction projects which it deems, in its sole discretion, most important to serve the needs of its customers, and any delay in construction hereunder resulting from such allocation shall be deemed to be a cause beyond PG&E's control 7. In the event that PG&E is prevented from completing the installation of the Special Facilities for reasons beyond its control within twelve (12) months following the date of this Agreement, PG&E shall have the right to terminate this Agreement upon thirty (30) days' written notice to Applicant. 8. If this Agreement is terminated as set forth in paragraph 7, the provisions of paragraph 13 shall be applicable, based on that portion of the Special Facilities then completed, if any, including charges for any expenses incurred by PG&E for any engineering, surveying, right of way acquisition expenses and other associated expenses incurred by PG&E for that portion of the Special Facilities not installed or, in PG&E's sole judgment, not useful in supplying permanent service to PG&E's other customers. 9. Special Facilities provided by PG&E hereunder shall at all times be and remain the property of PG&E. 10. As provided in PG&E's applicable Electric Rule No. 14 or Gas Rules No. 14 and 21, copies attached, Applicant understands that PG&E does not guarantee electric or gas service to be free from outages, interruptions or curtailments and that the charges for the Special Facilities represent the additional cost associated with providing the Special Facilities rather than for a guaranteed level of service reliability. 11. If it becomes necessary for PG&E to alter or rearrange the Special Facilities, including, but not limited to the conversion of overhead facilities to underground, Applicant shall be notified of such necessity and shall be given the option to either terminate this Agreement in accordance with paragraphs 12 and 13, or pay to PG&E additional Special Facilities charges consisting of: (a) A facility termination charge for that portion of the Special Facilities which is being removed because of alteration or rearrangement. Such charge to be determined in the same manner as described in paragraph 13; plus, (b) An additional Advance and/or rearrangement costs, if any, for any new Special Facilities requested which shall be determined in the same manner as described in paragraph 1; plus, (c) A revised Equivalent One-Time Payment or monthly charge based on the total net estimated additional installed costs of all new and remaining Special Facilities. Such revised Equivalent One-Time Payment or monthly charge shall be determined in the same manner as described in paragraphs 2 and 3. 12. This Agreement shall be effective when executed by the parties hereto and shall remain in effect until terminated by either party on at least thirty (30) days' advance written notice. 2 of 3 pages Form No. 79-255 Tariffs & Compliance Revised 4/82 Automated document, Preliminary Statement, Part A. 13. Upon discontinuance of the use of any Special Facilities due to termination of service, termination of this Agreement, or otherwise: (a) Applicant shall pay to PG&E on demand (in addition to all other monies to which PG&E may be legally entitled by virtue of such termination) a facility termination charge defined as the estimated installed cost, pius the estimated removai cost, less the estimated saivage value for the Special Faciiities to be removed, as determined by PG&E in accordance with its standard accounting practices. PG&E shaii deduct from the facility termination charge the Advance plus the unamortized balance of the Equivalent One-Time Payment previously paid, if any. If the Advance paid plus the unamortized balance of the Equivalent One- Time Payment is greater than the facility termination charge, PG&E shall refund the difference, without interest, to the Applicant; (b) PG&E shall be entitled to remove and shall have a reasonable time in which to remove any portion of the Special Facilities located on the Applicant's premises; (c) PG&E may, at its option, alter, rearrange, conveyor retain in place any portion of the Special Facilities located on other property off Applicant's premises. Where all or any portion of the Special Facilities located off Applicant's premises are retained in place and used by PG&E to provide permanent service to other customers, an equitable adjustment will be made in the facility termination charge. 14. Applicant may, with PG&E's written consent, assign this Agreement if the assignee thereof will agree in writing to perform Applicant's obligations hereunder. Such assignment will be deemed to include, unless otherwise specified therein, all of Applicant's rights to any refunds which might become due upon discontinuance of the use of any Special Facilities. 15. This Agreement shall be subject to all of PG&E's applicable tariffs on file and authorized by the Commission and shall at all times be subject to such changes or modifications as the Commission may direct from time to time In the exercise of its jurisdiction. /~~/ ~ Dated this day of Cit PACIFIC GAS AND ELECTRIC COMPANY BY: BY: ~~~IY Ball TITLE: Manager, Cinnabar / 3 MAILING ADDRESS: 7351 Rosanna Street Gilroy, CA 95020 Attachments: Rules 2 and 14 (Electric), or Rules 2, 14 and 21 (Gas) Automated document, Preliminary Statement, Part A. Form No. 79-255 Tariffs & Compliance 3 of 3 pages Revised 4/82