HomeMy WebLinkAboutCentral Valley Project Corporation 2011-03-16; Amendment 1 2023-12-11 - Exb C Participant CVP Corp
FIRST AMENDMENT TO PARTICIPANT EXHIBIT C, CONTRACT FOR DISPLACEMENT OF
BASE RESOURCE BETWEEN THE CENTRAL VALLEY PROJECT CORPORATION AND
CITY OF UKIAH
This First Amendment ("Amendment") to Participant Exhibit C, Contract for Displacement of Base
Resource is entered into by and between the Central Valley Project Corporation, a California
nonprofit public benefit corporation ("CVP Corp") and the City of Ukiah (individually a "Participant"),
and each undersigned participant collectively referred to as "the Participants". The CVP Corp and
any of the Participants individually are called "Party" and collectively are called "Parties."
WHEREAS, the City of Ukiah entered into the Central Valley Project Corporation
Membership Agreement dated effective March 16, 2011 (the "Agreement"); and
WHEREAS, the City of Ukiah entered into Participant Exhibit C to the Agreement, Contract
for Displacement of Base Resource dated effective March 16, 2011, (the "Contract"); and
WHEREAS, the Parties entered into the Contract to preserve the value and benefit of the First
Preference Power(FPP)and Base Resource(BR)allocations, create efficiencies among the Central
Valley Project customers, and minimize delivery costs among the Non-Direct Connect Customers
(NDCC)and the Direct Connect Customers (DCC); and
WHEREAS, each Participant has entered into a 2025 Base Resource Contract with WAPA
for a percentage of WAPA's Base Resource power for deliveries beginning January 1, 2025, for a
maximum term of thirty years; and
WHEREAS, the United States of America, Department of Energy,Western Area Power
Administration (WAPA)and CVP Corp entered into Contract 03-SNR-00583 ("Funding Contract")on
June 25, 2003; and
WHEREAS, WAPA and CVP Corp entered into Amendment 1 to the Funding Contract in
October of 2023 to extend the term of the Funding Contract for two years through December 31,
2026.
WHEREAS, the Parties now desire to amend the Contract to extend the term of the
Contract for an additional two-year period from the original expiration date of December 31, 2024
to a new date of December 31, 2026; and
WHEREAS, the Parties have agreed to modify the Contract as set forth above; and
NOW, THEREFORE, the Parties agree as follows:
1. Section 4—Effective Date and Term of Contract, subsection 4.1 of the Contract is
amended and restated to read in full as follows:
This Exhibit C shall become effective on the first day Western designates the Displacement
Program to be effective and shall remain in effect until midnight of December 31, 2026,
subject to prior termination as otherwise provided for herein.
First Amendment to Participant Exhibit C,
Contract for Displacement of Base Resource
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2. This Amendment in no way alters the terms and conditions of the Contract except as
specifically set forth herein.
Date: O 2-,+— Date:
CENTRAL VALLEY PROJECT CORPORATION CITY OF UKIAH
RANDY S. HO ARD SAGE'SANGIACOMO
Chair, Board of Directors City Manager
Approved as to Form:
ane E. Luckhardt, General Counsel
First Amendment to Participant Exhibit C,
Contract for Displacement of Base Resource
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