HomeMy WebLinkAboutNorthern California Power Agency (NCPA) 1983-09-22 Amendment 1; 2011-04-01AMENDMENT NO. 1
TO
NORTHERN CALIFORNIA POWER AGENCY
FACILITIES AGREEMENT
This Amendment no. 1 is made as of April 1, 2011 by and between the Northern
California Power Agency, a joint powers agency ("NCPA"), certain of its member agencies, and
the Turlock Irrigation District, a California Irrigation District ("TID"), with reference to the
following:
A. NCPA and certain of its members, consisting of the Cities of Alameda, Biggs,
Gridley, Healdsburg, Lodi, Lompoc, Palo Alto, Roseville, Santa Clara and Ukiah; [the Port of
Oakland]; TID; and associate NCPA member Plumas Sierra Rural Electric Cooperative have
entered into a Facilities Agreement dated as of September 22, 1993.
B. The Facilities Agreement provides for the means by which NCPA provides services
to the NCPA generating projects, allocates costs to and among such projects, and by which the
project participants can provide direction to NCPA with respect to the governance and
operation of such projects.
C. At the time of its approval, the signatories to the Facilities Agreement did not
contemplate that a participant in an NCPA generating project could be a non NCPA member.
Hence, the Facilities Agreement provides in section 1.17 that a "participant" in the Facilities
Agreement is a member of NCPA which is signatory to the Facilities Agreement, and in Article
4 that the Facilities Committee by which project participants in NCPA projects provide
direction to NCPA is composed of participants.
D. TID has given notice to NCPA of its withdrawal from NCPA effective April 1, 2011,
but will remain a project participant in the Geothermal Project no. 3. In an Amended and
Restated Geothermal Operating Agreement dated as of April 1, 2011, the participants in that
project, including TID, and NCPA have agreed to amend the Facilities Agreement as necessary
to provide TID the ability to remain a signatory to the Facilities Agreement and to have an on-
going participation on the Facilities Committee.
NOW, THEREFORE, the Parties agree as follows:
1. Section 4.9 is hereby added to Article 4 ("Facilities Committee") of the Facilities
Agreement to read as follows:
"4.9 Notwithstanding any other provision of this Agreement to the contrary, Turlock
Irrigation District shall be entitled to designate one member of the Facilities
Committee for so long as Turlock Irrigation District shall remain a project
participant in Geothermal Project No. 3, which member shall have voting rights
only-with respect to those matters directly relating to said project."
EXECUTION VERSION
AMENDMENT 1 TO FACILITIES AGREEMENT
2. Amendments to the Facilities Agreement which do not impair the rights of TID as
provided in section 1 shall not require the consent of TID, provided that TID shall be given
written notice of any amendment to the Facilities Agreement.
3. In all other respects the Facilities Agreement shall remain in full force and effect.
VA IEREFORE, NCPA upon authorization of its Commission, and the Facilities
Agreement participants, after all due authorization by their respective governing bodies, have
executed this First Amendment as evidenced by the signatures of their authorized
representatives below.
NORTHERN CALIFORNIA POWER
AGENCY
By f.
Its: General Manager
Date:
Approved as to form
General Counsel
ALAMEDA MUNICIPAL POWER
By:
Its: CityManager
Date:
Approved as to form:
City Attorney
TURLOCK IRRIGATION
DIS RIOT"
By
ts: Assistant General Manager
Date: 2 h
Approved as to form:
General Counsel
CITY OF BIGGS
By:
Its: City Manager
Date:
Approved as to form
City Attorney
EXE(7JTI0N VERSION
A A T 7N F)A/M1\7T ITOt A LMEC 4Gi?F.FT ~T7
i . ~i,u
2. Amendments to the Facilities Agreement which do not impair the rights -of TID as
provided in section 1 shall not require the consent of TID, provided that TID shall be given
written notice of any amendment to the Facilities Agreement.
3. In all other respects the Facilities Agreement shall remain in full force and effect.
WHEREFORE, NCPA upon authorization of its Commission, and the Facilities
Agreement participants, after all due authorization by their respective governing bodies, have
executed this First Amendment as evidenced by the signatures of their authorized representatives
below.
NORTHERN CALIFORNIA POWER TURLOCK IRRIGATION
AGENCY DISTRICT
By:
Its: General Manager
Date:
Approved as to form:
General Counsel
ALAMEDA MUNICIPAL POWER
By:
Its: Kne a Manager
Date: A LA 11
By:
Its: General Manager
Date:
Approved as to form:
General Counsel
CITY OF BIGGS
By:
Its: City Manager
Date:
Approved as to form:
msSikity Attorney
AMENDMENT 1 TO FACILITIES AGREEMENT
EXECUTION VERSION
Approved as to form:
City Attorney
Page 2 of 4
2. Amendments to the Facilities Agreement which do not impair the rights of TID as
provided in section 1 shall not require the consent of TID, provided that TID shall be given
written notice of any amendment to the Facilities Agreement.
3. In all other respects the Facilities Agreement shall remain in full force and effect.
WHEREFORE, NCPA upon authorization of its Commission, and the Facilities
Agreement participants, after all due authorization by their respective governing bodies, have
executed this First Amendment as evidenced by the signatures of their authorized
representatives below.
NORTHERN CALIFORNIA POWER
AGENCY
TURLOCK IRRIGATION
DISTRICT
By:
Its: General Manager
Date:
Approved as to form:
General Counsel
ALAMEDA MUNICIPAL POWER
Bv:
Its: City Manager
Approved as to form:
City Attorney
By:
Its: General Manager
Date:
Approved as to form:
General Counsel
CITY OF BIGGS
B
y:
Its: City Manager
Date: 5 3 - ZQ 1
Appr~ to form:
It
ttorney
EXECUTION VERSION
AT'viENDMENT 1 TO FACILITIES AGREEMENT
CITY OF GRIDLEY
Its: City Manage
Date: ~j
Approved as to form:
City Attorney
CITY OF LODI
By.
Its: CityManager
Date:
Approved as to form:
City Attorney
CITY OF PALO ALTO
By.
Its: City Manager
Date:
CITY OF HEALDSBURG
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF LOMPOC
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF ROSE VILLE
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
Approved as to form:
City Attorney
EXE =ON VERSION
AMENDMENT 1 TO FACILITIES AGREEMENT
2. Amendments to the Facilities Agreement which do not impair the rights of TID as
provided in section 1 shall not require the consent of TID, provided that TID shall be given
written notice of any amendment to the Facilities Agreement.
3. In all other respects the Facilities Agreement shall remain in full force and effect.
WHEREFORE, NCPA upon authorization of its Commission, and the Facilities
Agreement participants, after all due authorization by their respective governing bodies, have
executed this First Amendment as evidenced by the signatures of their authorized
representatives below.
NORTHERN CALIFORNIA POWER
AGENCY
By:
Its: General Manager
Date:
Approved as to form:
TURLOCK IRRIGATION
DISTRICT
By:
Its: General Manager
Date:
Approved as to form:
General Counsel
CITY OF BIGGS
Bv:
Its: City Manager
Date:
Approved as to form:
City Attorney
OF HEALDSB
Its: City;vf*ager
General Counsel
CITY OF GRIDLEY
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF LODI
Bv:
Its: City Manager
EXECUTION VERSION
AMENDMENT 1 TO FACILITIES AGREEMENT
Date:- w/
Approved as to form:
Ci Attorney
CITY OF LOMPOC
Bv:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF ROSEVILLE
Bv:
Its: City Manager
Date:
Approved as to form:
Date:
Approved as to form:
City Attorney
CITY OF PALO ALTO
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF UKIAH
Bv:
Its: City Manager
Date:
Approved as to form:
City Attorney City Attorney
PLUMAS SIERRA RURAL ELECTRIC COOPERATIVE
By:
Its: General Manager
Date:
Approved as to form:
General Counsel
EXECUTION VERSION
MENDIENT 1 TO FACILITIES AGREEMENT
CITY OF GRIDLEY
By.
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF LODI
By. Its: City Manager
Date:,3-3)
Approved as to form:
CITY OF PALO ALTO
By:
Its: City Manager
Date:
Approved as to form:
CITY OF HEALDSBURG
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF LOMPOC
By
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF ROSE VILLE
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
EXECUTION VERSION
AMENDMENT I TO FACUTIES AGREEMENT
CITY OF GRIDLEY
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF LODI
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF PALO ALTO
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF HEALDSBURG
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF LOMPOC
By:
Its: ay or
Date: Z L
Approved as to form:
CA /Attorney
CITY OF ROSEVILLE
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
EXECUTION VERSION
AMENDMENT I TO FACILITIES AGREEMENT
CITY OF GRIDLEY
By.
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF LODI
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF PALO ALTO
By
r~
Its: Ci anager
Date: 312--1 1 11
Approved as to form:
City Attorney
EXECLMON VERSION
AMENDNEN 1 1 TO FACILITIES AGREEMENT
CITY OF HEALDSBURG
By,
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF LOMPOC
By:
Its: City Manager
Date:
Approved as to form
City Attorney
CITY OF ROSEVILLE
By:
Its: City Manager
Date:
Approved as to form.:
City Attorney
CITY OF GRIDLEY
By:
Its: City Manager
Date:
Approved as to fomu
City Attorney
CITY OF LODI
By:
Its: City Manager
Date:
Approved as to form
City Attorney
CITY OF PALO ALTO
By:
Its: City Manager
Date:
Approved as to form
City Attorney
QTY OF HEALDSBURG
By.
Its: CityNianager
Date:
Approved as to form:
City Attorney
QTY OF LOMPOC
By:
Its: Gty Manager
Date:
Approved as to form:
City Attorney
CITY OF ROSE VILLE
By: K~~,-
Its:
Date: April 11, 2011
EXECUTION VERSION
AMENDMENT 1 TO FACILITIES AGREEMENT
Date:
Approved as to form:
City Attorney
CITY OF LOMPOC
Bv:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF ROSEVILLE
Bv:
Its: City Manager
Date:
Date:
Approved as to form:
City Attorney
CITY OF PALO ALTO
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF UKIAH
By:
Its: ?'y Manager
Date: L,;2-0
Approved as to form: Approv as form:
City Attorney Citv At ney
PLUM-AS SIERRA RURAL ELECTRIC COOPERATIVE
By:
Its: General Manager
Date:
Approved as to form:
General Counsel
EXECUTION VERSION
i1lI1-.NDN1FNT I To FACILITIES AGRFF-NIrNT
CITY OF SANTA CLARA
By:
Its: ity M ager
Date: awd {f 170 ° 1/15-111
Approved as to form:
City Attorney
1556612.3
ATT
City Clerk
1586612.2
ELECt1I'IO\ VI RSIO\
AMF'NUME\I' I TU F_1CALI'I'IES AGREENIE\I'
Date:
Approved as to form:
City Attorney
CITY OF LOMPOC
By.
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF ROSEVILLE
By:
Its: City Manager
Date:
Date:
Approved as to form:
City Attorney
CITY OF PALO ALTO
By:
Its: City Manager
Date:
Approved as to form:
City Attorney
CITY OF UKIAH
By.
Its: City Manager
Date:
Approved as to form:
City Attorney
Approved as to form:
Gene al Co. el
EXECLMON VERSION
AMENDMENT I TO FACILITIES AGREEMENT
Approved as to form:
City Attorney