HomeMy WebLinkAboutCAP072811Central Point
City Hall
664-3321
Ciry Council
Mayor
Hank Williams
Ward I
Bruce Dingier
Ward II
Belly Geiger
Ward III
Ellie George
Ward IV
Allen Broderick
At Large
Carol Fischer
Isay Harrison
Administration
Phil Messina, Ciry
Manager
Chris Clayton, Assistant
CitS~ Manager
Deanna Casey, Ciry
Recorder
Community
Development
Department
Tom Humphrey, Director
Finance Department
Bev Adams, Director
Human Resources
Barb Robson, Director
Parks and Public Works
Department
Matt Samitore, Director
Jennifer Boardman,
Manager
Police Department
Jon Zeliff, Chief
CITY OF CENTRAL POINT
City Council Meeting Agenda
July 28, 2011
Next Res. 1310
Next Ord. No. 1953
L REGULAR MEETING CALLED TO ORDER - 7:00 P.M.
IL PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC APPEARANCES
V. CONSENT AGENDA
Pg 2 - 6 A. Approval of June 23, 2011 City Council Minutes
7 B. Approval of July, 2011 Surplus Items
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. BUSINESS
Pg 9 - 37 A. Proposed 3MG Water Reservoir Solar Array Project
(Clayton)
39 - 45 B. Medford. Water Commission Contract (Samitore)
C Approval of General Services Union Agreement -
Tentative (Robson)
VIII. MAYOR'S REPORT
LY. CITY ADMINISTRATOR' S REPORT
Y. COUNCIL REPORTS
YI. DEPARTMENT REPORTS
YII. EYECUTIVE SESSION
The City Council may adjourn to executive session under the provisions of ORS
192.660(2)(d) Labor Negotiations. Under the provisions of the Oregon Public Meetings
Law, the proceedings of an executive session are not for publication or broadcast.
VIII. ADJOURNMENT
Consent Agenda
To Agenda
CITY OF CENTRAL POINT
City Council Meeting Minutes
June 23, 2011
REGULAR MEETING CALLED TO ORDER
Mayor Williams called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL: Mayor: Hank Williams
Council Members: Allen Broderick, Bruce Dingler, Carol
Fischer, Kelly Geiger, Kay Harrison, and Ellie George were
present.
City Manager Phil Messina; City Attorney Paul Nolte;
Police Chief Jon Zeliff; Community Development Director
Tom Humphrey; Parks and Public Works Director Matt
Samitore; Assistant City Manager Chris Clayton; and City
Recorder Deanna Casey were also present.
IV. PUBLIC APPEARANCES
Fire Chief Dan Peterson presented a worksheet of their strategic plan. This
captures what they are trying to accomplish over the next year. He shared the
organizations values and visions for the next year. He presented a map of their
service area and stated that they would like to decrease the call times for the
Central Point area. The district plans to add at least one employee per shift for
the Central Point area to help improve the response times.
V. CONSENT AGENDA
A. Approval of June 9, 2011, City Council Minutes
B. Approval of Street Closure for 4t" of July Parade
C. Approval of OLCC Application -Purple Parrot
D. Approval of Street Closure for Battle of the Bones June 25, and 26, 2011
Carol Fischer noted that the memo regarding Purple Parrot has a different
spelling for the manager names. She would like to make sure the back ground
was conducted on the correct people. City Recorder Deanna Casey stated that
she will talk to the Police Department and make sure before returning the
application.
Kay Harrison made a motion to approve the consent agenda with the
recommendation for the OLCC Application. Allen Broderick seconded. Roll
call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer,
yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion
approved.
CAP072811 Page 2
VI. ITEMS REMOVED FROM CONSENT AGENDA -None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Resolution No. 1305, A Resolution Extending the City of Central
Point's Workers Compensation Coverage to Volunteers of the City of
Central Point
Human Resource Director Barb Robson explained that this is an annual
housekeeping item. The city relies on the services of volunteers to complement
staff efforts in a variety of capacities. The VIPS volunteers alone provide over
8,000 hours to the city, parents volunteer for Kidventure activities; along with
Council and Committee members who volunteer for city events. This resolution
states that if a volunteer is injured while helping at a city event or during service
to the city they will be covered under our worker's compensation coverage plan.
Allen Broderick made a motion to approve Resolution No. 1305, A
Resolution Extending the City of Central Point's Workers Compensation
Coverage to Volunteers of the City of Central Point. Kay Harrison seconded.
Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol
Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes.
Motion approved.
B. Resolution No. 1306, A Resolution to Approve a Supplemental
Budget for the 2010/2011 Fiscal Year
Finance Director Bev Adams stated that the High Tech Crime Unit received an
unanticipated donation from the city of Roseburg. This donation of $2,500 is to
be used for the purchase of equipment for the HTCU.
The second item is a reclassification within the Capital Improvement Fund and
does not increase or decrease appropriations. This reclassification of $46,000 for
debt service needs to be transferred out of the "Developer Obligation" line item
and into the "Transfer Out" expense line item. This will provide payment on the
Don Jones Park debt service as originally intended during the budget process.
Kay Harrison made a motion to approve Resolution No. 1306, A Resolution
to Approve a Supplemental Budget for the 2010/2011 Fiscal Year. Kelly
Geiger seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly
Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie
George, yes. Motion approved.
C. Resolution No. 1307, A Resolution Certifying the Provisions of
Municipal Services by the City of Central Point
Mrs. Adams stated that this resolution is required by state in order for the City to
receive cigarette, liquor and highway tax revenue. The resolution states that we
CAP072811 Page 3
provide Police, Street, Storm Drain, Planning and Water services to our Citizens.
We plan to receive $1,127,500 from these resources in fiscal year 2011/12.
Allen Broderick made a motion to approve Resolution No. 1307, A
Resolution Certifying the Provisions of Municipal Services by the City of
Central Point. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce
Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank
Williams, yes; and Ellie George, yes. Motion approved.
D. Resolution No. 1308, A Resolution Electing to Receive State
Revenue Sharing Funds for Fiscal Year 2011-2012
Mrs. Adams stated that receipt of State Revenue Sharing funds requires cities to
pass a resolution certifying that citizens have had adequate time to review and
comment on the proposed budget. Central Point published notices prior to the
Budget Committee Meetings. This meeting is a publish hearing allowing the
opportunity to provide written or oral comment.
Mayor Williams opened and closed the public hearing. No one came forward.
Kelly Geiger made a motion to approve Resolution No. 1308, A Resolution
Electing to Receive State Revenue Sharing Funds for Fiscal Year 2011-
2012. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes;
Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and
Ellie George, yes. Motion approved.
E. Resolution No. 1309, A Resolution to Adopt the Budget, Make
Appropriations and Levy Taxes for Fiscal Year July 1, 2011 to June
30, 2012
Mrs. Adams stated that this resolution adopts the budget, makes appropriations,
and levy taxes for fiscal year 2011/12. The total budget to be appropriated is
$29,701,285. The tax levy is for $4.47 per thousand of assessed value; with a
total of $4,196,000 current taxes expected to be collected in the fiscal year.
Allen Broderick made a motion to approve Resolution No. 1309, A
Resolution to Adopt the Budget, Make Appropriations and Levy Taxes for
Fiscal Year July 1, 2011 to June 30, 2012. Kay Harrison seconded. Roll call:
Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes;
Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved.
VIII. MAYOR'S REPORT
Mayor Williams reported that he:
• Attended the Medford Water Commission meeting.
• Participated in two ribbon cuttings for Central Point businesses.
• Attended the SOREDI annual dinner.
IX. CITY MANAGER'S REPORT
CAP072811 Page 4
City Manager Phil Messina reported that:
• The July 14, Council meeting will be cancelled due to lack of agenda
items.
• There will be a Study Session on July 18, 2011 to discuss Twin Creeks
Flood Mitigation and Backflow Prevention.
• We have offered the IT Manager position to an applicant from Seattle. He
will begin in August.
• There will be an Executive Session this evening under ORS
192.660(2)(d) Labor Negotiations.
X. COUNCIL REPORTS
Council Members Allen Broderick and Kelly Geiger stated that they attended the
Study Session.
Council Member Kay Harrison stated that she attended the Study Session and
the SOREDI Annual Dinner.
Council Member Carol Fischer stated that she attended the Multicultural
Committee meeting and the Study Session.
Council Member Ellie George reported that she attended the Study Session and
Development Commission meetings. She received a letter of concern regarding
Don Jones Park crossing.
Assistant City Manager Chris Clayton explained that we will be submitting
for a speed reduction in August. The lights work well during the daylight
hours and are what is allowed at this time. The Police Department and
VIPS will continue to monitor the area.
Council Member Bruce Dingier reported that he attended the Study Session and
would like to start a Council President Report. He reminded the Council that they
are representatives of the city and should always act accordingly. Council
members should review the Council rules and refrain from interruptions and
overextending their time during reports.
XI. DEPARTMENT REPORTS
Human Resource Director Barb Robson reported that:
• IT interviews were completed on Monday and the panel overwhelmingly
chose the same applicant.
• She is working on Union contracts.
• She is starting advertisement for a Police Reserve list.
Police Captain Chuck Newell reported that:
• The department is busy with special events including Battle of the Bones,
4t" of July and the Jackson County Fair.
CAP072811 Page 5
• It is nice to have such dedicated staff here in Central Point. It is always
nice to see so many employees involved in the planning process for
special events. Everyone works together well and keeps things
organized.
Assistant City Manager Chris Clayton reported that:
• He is working on two solar projects for Council consideration.
• The city will be responsible for the flower baskets on the buildings
downtown. Last year they were not watered regularly and several did not
survive.
XII. EXECUTIVE SESSION
Allen Broderick moved to adjourn to executive session under ORS 192.660 (2)(d)
Labor Negotiations. Kay Harrison seconded. The meeting was adjourned to Executive
Session at 7:48 p.m.
The Council returned to regular session at 8:25 p.m.
XIII. ADJOURNMENT
Bruce Dingier moved to adjourn, Ellie George seconded, all said "aye" and the Council
Meeting was adjourned at 8:28 p.m.
The foregoing minutes of the June 23, 2011, Council meeting were approved by the City
Council at its meeting of July 28, 2011.
Dated:
Mayor Hank Williams
ATTEST:
City Recorder
CAP072811 Page 6
Parks & Public Work Department ~r~r , . Matt Samitore, Director
'~+~ 1 T ~.........
~~, ~ t
To Agenda
STAFF REPORT
DATE: JULY 18, 2011
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: The City has reviewed excess inventory or equipment and vehicles that are no longer
needed or used.
SUMMARY: As part of an effort to keep quality and high performing equipment in the City fleet,
Public Works staff is consistently analyzing the need for equipment. Additionally, with the budget
changes where our automotive technician position has been eliminated, two of the three pieces of
equipment were associated with that position.
The items that need to be formally declared surplus are:
1. #3030 - 1996 F-250 pick up - 91,000 miles -was driven by fleet personnel that were eliminated
in the 2011 Budget and vehicle is no longer needed.
2. #3153 - 2003 Jenny WLP30 -wash rack filter system. Is outdated and it has become
increasingly harder to get replacement parts for.
3. #3198 - 2007 Bandit chipper -Model 95 chip box chipper. Chipper is only used for a week at a
time and city can get near cost recovery for the equipment. City will instead use Bio-Mass One
to dispose of smaller woody debris as needed.
RECOMMENDED MOTION: Approve the surplus property list.
CAP072811 Page 7
Business:
Private-Solar Power
Agreement
CAP072811 Page 8
Administration Department
Staff Report
TO:
FROM:
AGENDA DATE:
SUBJECT:
Central Point City Council
Administration Staff
July 28th, 2011
Proposed 3MG Water Reservoir Solar Array Project
To Agenda
HISTORY:
In 2009 The City of Central Point considered. the undertaking of a solar array on the south side of the Central
Point Police Department facility. After consideration of initial capital construction costs, operational system
maintenance requirements, and return-on-investment (R.O.L), the city council declined the project proposal on
the basis of cost benefit. Since that time, a new opportunity for constnution of a solar array has arisen, with a
considerably more favorable economic outlook.
PROPOSAL:
Sustainability is an important component of any City's future facility master planning. The construction of the
new 3 million gallon water reservoir adjacent to Don Jones Park has presented a unique opportunity for the
City to incorporate a sustainability component into the overall reservoir project. Working with a third party
consultant/investor, Solar City, Staff has developed a proposal fora 79 kilowatt (kW) solar array which could
be constnuted and placed on the roof structure of the new reservoir. Furthermore, with available incentives
through the Oregon Department of Energy (ODOE) and the Energy Tnist of Oregon, the City world have the
flexibility of purchasing power supplied by the new solar array at a discounted rate. Unlike the 2009 proposal,
the City would be the immediate recipient of reduced cost energy, with the initial cost of constnution and
ongoing system maintenance being borne entirely by the third party consultant/investor.
Phil Messina, City Administrator
Chris Clayton, Assistant City Administrator
Deanna Casey, City Recorder
Barb Robson, Human Resources Manager
CAP072811 Page 9
lii essence, the City world be leasing a secure facility, the roof of the reservoir, to Solar City, for the placement
and operation of the proposed array. After constnution of the proposed facility is completed, the City world
purchase electricity at a fixed and discounted rate over the life of the Private Power Agreement (PPA)
established between the City and Solar City. The specifics of the current proposal's cost-benefit analysis are
contained in the attached Solar City/City of Central Point Proposal.
FISCAL IMPACT:
1. Zero capital constnution costs for the City.
2. Zero operational maintenance costs for the City.
3. Potential savings for the City of Central Point over a 30-year period $273,206.00 (PPA metrics).
4. Required purchase of monthly energy produced by solar array (less than the cost/energy required. for
pumping at new reservoir location).
POSITIVE IMPACTS:
1. Environmental Impacts: As specifically described in the City Staff/Solar City proposal, the solar
energy production would provide significant pollution reduction.
2. Financial Savings: Potential 30 year savings of $273,000 (PPA metrics).
3. Economic Development Impact: The promotion of sustainable development has been a long standing
goal of Central Point's Community Development Department. Existing examples of smart and
sustainable growth include Twin Creeks Development and. the Rogue Creameiy. If the City chooses to
establish a sustainability project, it would further demonstrate our commitment to development of this
nature.
4. Public Support: This project represents an opportunity to demonstrate the City's desire to complete
projects that satisfy nnilti-dimensional community needs. More specifically, this project world contain
environmental, infrastn~cture demand, financial, and economic development components.
CAP072811 Page 10
STRATEGIC PLAN ADHERENCE:
Goal 3- Continually update infrastructure plans.
Strategies:
a) Include pedestriciii aiid bic>>cle frieiidl>> options iii eve~~ plait, aiid retrof t existing streets aiid
neighborhoods whenever possible;
b) Cooperate with developers to plciii future heeds for schools aiid parks;
c) Take advantage of all opportunities to use environ>7zentcilly friendly technology in city
goveriiiiieiit aiid developiiieiit of stew or retrofitted infrastructure.
RECOMMENDATION:
Staff is recommending a City Council motion directing Staff to continue negotiating the terms of the attached.
Private Power Agreement. Final execution of the contract would be approved in a future City Council consent
agenda.
ATTACHMENTS:
1. Attachment "A" -Solar City Project Proposal
2. Attachment "B" -Private Power Agreement (PPA)
CAP072811 Page 11
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CAP072811
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CAP072811 Page 15 _ ~ ~ .~ ~;;d~ ~
1 SoiarCity CONFIDENTIAL
POWER PURCHASE AGREEMENT SUMMARY
CAP072811
Central Point City
Water Reservoir
137 W Vilas Rd, Central Point, OR 97502
System Size: 79.0 kW DC
Estimated cost per kWh
Estimated Utility Savings in Year 1
Annual Lease Escalation Rate
Term (Years)
Optional Buyout
Insurance Provided by
RECs Owned by
Utility Escalation Rate Assumption
$0.052
$1,258
2.5%
15
Fair Market Value
SolarCity
Finance Partner
5.0%
Page 1
Page 16
Budgetary Proposal, pricing to be confirmed with engineering audit.
Price valid until 07/11 /11
Prepay Up-Front Cost N/A
Estimated Annual Savings ($ / % Costs) $1,258 / 5%
Savings Over 15 Years w/o Buyout $49,830
15 Year NPV without Buyout (1) $26,519
Savings Over 30 Years with Buyout $273,206
30 Year NPV with Buyout ~'~ $62,047
Payback (Years) Immediate
(1) Based on a 7.0% discount rate
$60,000
$50,000
$40,000
$30,000
$20,000
$10,000
F=-Without Solar ^ With Solar
1 2 3 4 5 6 7 8 9 Year121314151617181920
Central Point Citv
Water Reservoir
137 W Vilas Rd, Central Point, OR 97502
System Size: 79.0 kW DC
Analysis of Power Purchase Agreement Cash Flows With Buyout
PPA CASH FLOWS WITH BUYOUT
Budgetary Proposal, pricing to be confirmed with engineering audit.
Price valid until 07/11/11
Model Assumptions
Federal Tax Rate
State Tax Rate
Discount Rate
Annual Reduction in kWh Produced
PPA Escalation Rate
I Power Purchase Agreement` ~ Utility Savingsx ~ Depreciation Savings
Energy kWh PPA Tax FIT Rebate (Net Optional Pre-Tax Tax Fed Tax State Tax
Year Increase Solar $/kWh produced Payments Impact of Tax) Buyout Savings Impact Savings Savings
1 $0.052 101,122 ($5,258) -- -- -- $6,516 --
2 5.0 % $0.053 100,616 ($5,363) -- -- -- $6,842 --
3 5.0% $0.055 100,111 ($5,469) -- -- -- $7,184 --
4 5.0 % $0.056 99,605 ($5,578) -- -- -- $7,543 --
5 5.0 % $0.057 99,099 ($5,688) -- -- -- $7,920 --
6 5.0% $0.059 98,594 ($5,801) -- -- -- $8,316 --
7 5.0% $0.060 98,088 ($5,915) -- -- -- $8,732 --
8 5.0% $0.062 97,583 ($6,032) -- -- -- $9,169 --
9 5.0% $0.063 97,077 ($6,150) -- -- -- $9,627 --
10 5.0% $0.065 96,571 ($6,271) -- -- -- $10,108 --
11 5.0% $0.067 96,066 ($6,395) -- -- -- $10,614 --
12 5.0% $0.068 95,560 ($6,520) -- -- -- $11,145 --
13 5.0% $0.070 95,055 ($6,848) -- -- -- $11,702 --
14 5.0% $0.072 94,549 ($6,778) -- -- -- $12,287 --
15 5.0% $0.073 94,043 ($6,910) -- -- ($68,933) $12,901 --
18 5.0% -- 93,538 -- -- -- -- $13,548 --
17 5.0% -- 93,032 -- -- -- -- $14,224 --
18 5.0% -- 92,528 -- -- -- -- $14,935 --
19 5.0% -- 92,021 -- -- -- -- $15,681 --
20 5.0% -- 91,515 -- -- -- -- $18,488 --
21 5.0% -- 91,010 -- -- -- -- $17,289 --
22 5.0% -- 90,504 -- -- -- -- $18,153 --
23 5.0% -- 89,998 -- -- -- -- $19,081 --
24 5.0 % -- 89,493 -- -- -- -- $20,014 --
25 5.0% -- 88,987 -- -- -- -- $21,015 --
28 5.0 % 88,482 -- -- -- -- $22,085 --
27 5.0% 87,978 -- -- -- -- $23,189 --
28 5.0 % 87,470 -- -- -- -- $24,327 --
29 5.0 % 88,985 -- -- -- -- $25,543 --
30 5.0 % 88,459 --_ --_ 28 821 --
Total 90 775 _ _ 68 933 432 914 _
Note: All cash flows represent after-tax cas h flows.
SolarCity ha s used good faith efforts to repr esent the availa ble tax incentives for solar energy Y our tax situation will impact your ability to benefit from these incentives.
Please consult your tax advisor regarding y our specific tax situation.
* Values are estimated
-- -- 51.254
-- -- 51,479
-- -- S1.715
-- -- 51.965
-- -- 52.232
-- -- 52.516
-- -- $2817
-- -- 53.137
-- -- 53,477
-- -- 53.837
-- -- 54,219
-- -- 54.625
-- -- 55.054
-- -- 55.509
-- -- (562942)
-- -- 513.546
-- -- S 14224
-- -- S 14.935
-- -- 515.641
-- -- S 16.466
-- -- 517.289
-- -- S 18.153
-- -- 519,061
-- -- 520.014
-- -- 521.015
-- -- 522.065
-- -- 523.169
-- -- 524.327
-- -- 525.543
-- -- 526.821
273 208
Present Value
Discount present Val
Factor
1.000 --
0.935 $1,175
0.873 $1,292
0.816 $1,400
0.763 $1,499
0.713 $1,591
0.666 $1,676
0.623 $1,754
0.582 $1,826
0.544 $1,891
0.508 $1,951
0.475 $2,005
0.444 $2,053
0.415 $2,097
0.388 $2,137
0.362 ($22,813)
0.339 $4,589
0.317 $4,503
0.298 $4,419
0.277 $4,336
0.258 $4,255
0.242 $4,175
0.228 $4,097
0.211 $4,021
0.197 $3,946
0.184 $3,872
0.172 $3,800
0.181 $3,729
0.150 $3,659
0.141 $3,590
0.131 3 523
62 047
$1,258
$2,737
$4,451
$6,416
$8,649
$11,164
$13,981
$17,118
$20,595
$24,432
$28,651
$33,275
$38,330
$43,839
($19,103)
($5,557)
$8,687
$23,602
$39,283
$55,749
$73,037
$91,191
$110,252
$130,288
$151,280
$173,346
$198,514
$220,841
$248,385
273 208
0.0
0.0
7.0
0.5
20
Page 1
CAP072811 Page 17
Central Point City
Water Reservoir
137 W Vitas Rd, Central Point, OR 97502
System Size: 79.0 kW DC
CASH PURCHASE
Budgetary Proposal, pricing to be confirmed with engineering audit.
Price valid until 07/11/11
Federal Tax Rate
State Tax Rate 0.0
Discount Rate 7.0
Annual Reduction in kWh Produced 0.5%
Analysis of Cash Flows of PV System Purchased with Cash
Energy kWh Install Fed Tax State Rebate Payment Savings on Utility Bill' Depr. Tax Savings O&M Present Value
Year Fed Tax State Tax Tax
Increase Produced Cost Credit/Grant Tax Credit Payment
Bill Offset
Federal State Inverter DF PV
Impact Impact
Impact
- t~aaa,aaa~ ~ur,:s:su - --
1 101,122 -- $180,000 -- - -- $6,516 -
2 5.0 % 100,616 -- -- -- - -- $6,842 -
3 5.0% 100,111 -- -- -- - -- $7,184 -
4 5.0% 99,605 -- -- - -- $7,543 -
5 5.0 % 99,099 -- -- - -- $7,920 -
6 5.0% 98,594 -- -- - -- $8,316 -
7 5.0 % 98,088 -- -- - -- $8,732 -
8 5.0% 97,583 -- -- - -- $9,169 -
9 5.0 % 97,077 -- -- - -- $9,627 -
10 5.0 % 96,571 -- -- - -- $10,108 -
11 5.0 % 96,066 -- -- - -- $10,614 -
12 5.0% 95,560 -- -- - -- $11,145 -
13 5.0% 95,055 -- -- - -- $11,702 -
14 5.0 % 94,549 -- -- - -- $12,287 -
15 5.0 % 94,043 -- -- - -- $12,901 -
16 5.0 % 93,538 -- -- - -- $13,546 -
17 5.0 % 93,032 -- -- - -- $14,224 -
18 5.0 % 92,526 -- -- - -- $14,935 -
19 5.0 % 92,021 -- -- - -- $15,681 -
20 5.0% 91,515 -- -- - -- $16,466 -
21 5.0% 91,010 -- -- - -- $17,289 -
22 5.0 % 90,504 -- -- - -- $18,153 -
23 5.0 % 89,998 -- -- - -- $19,061 -
24 5.0 % 89,493 -- -- - -- $20,014 -
25 5.0% 88,987 -- -- - -- $21,015 -
26 5.0 % 88,482 -- -- - -- $22,065 -
27 5.0 % 87,976 -- -- - -- $23,169 -
28 5.0 % 87,470 -- -- - -- $24,327 -
29 5.0 % 86,965 -- -- - -- $25,543 -
30 5.0 % 86,459 -- -- - -- $26,821 -
Total 2.813.715 499 999 _ 180 000 87 330 _ _ 432 914 _
Note: All cash flows represent after-tax cash flows.
SolarCity has used good faith efforts to represent the available tax incentives for solar energy Your tax situation will impact your ability to beneft front these incentives
Please consult your tax advisor regarding your specifc situation.
* Estimated
(~41L.bb`f) 1.000 (y4l L,titi`J~) (y4l L,titi`J~)
- -- - 51 Y,6.516 0.935 $174,314 ($226,154)
- -- - 56812 0.873 $5,976 ($219,312)
- -- - SZ 181 0.816 $5,864 ($212,128)
- -- - 57.543 0.763 $5,755 ($204,585)
- -- - S7 f)20 0.713 $5,647 ($196,665)
- -- - 58,316 0.666 $5,541 ($188,348)
- -- - SS 732 0.623 $5,438 ($179,616)
- -- - 59.169 0.582 $5,336 ($170,448)
- -- - 59.627 0.544 $5,236 ($160,821)
- -- - 510.108 0.608 $5,139 ($160,712)
- -- - 510.611 0.475 $5,043 ($140,098)
- -- - SYL.115 0.444 $4,948 ($128,954)
- -- - Sit .702 0.415 $4,856 ($117,252)
- -- -512287 0.388 $4,765 ($104,965)
- -- ($39,480) (526.579) 0.362 ($9,633) ($131,544)
- -- - 513.516 0.339 $4,589 ($117,998)
- -- - 514.221 0.317 $4,503 ($103,774)
- -- - 511.935 0296 $4,419 ($88,840)
- -- - 515.681 0277 $4,336 ($73,158)
- -- - 516.166 0268 $4,266 ($68,893)
- -- - 517.289 0242 $4,175 ($39,404)
- -- - 51 Y,.153 0226 $4,097 ($21,250)
- -- - S19.o6t 0211 $4,021 ($2,190)
- -- - 520.014 0.197 $3,948 $17,824
- -- - 521.015 0.184 $3,872 $38,839
- -- - 522.065 0.172 $3,800 $60,905
- -- - 523.169 0.161 $3,729 $84,073
- -- - 521.327 0.150 $3,659 $108,400
- -- - 525.513 0.141 $3,590 $133,944
- -- - 526.821 0.131 $3,523 $160,764
_ _ 39 480 5160 761 117 932
Page 2
CAP072811 Page 18
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CAP072811
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Central Point City
Water Reservoir
137 W Vilas Rd, Central Point, OR 97502
System Size: 79.0 kW DC
Over 30 years, your system will offset:
5,633,164 Ibs of C02
a leading cause of global climate change
9,338 Ibs of NOx
a leading cause of smog
13,695 Ibs of S02
a leading cause of acid rain
720 Ibs of particulates
a leading cause of asthma
During year 1, your system will offset:
202,450 Ibs of C02
a leading cause of global climate change
336 Ibs of NOx
a leading cause of smog
492 Ibs of S02
a leading cause of acid rain
26 Ibs of particulates
a leading cause of asthma
C4 CSLB #888104, OR CCB #180498, AZ ROC#243771
CAP072811
ENVIRONMENTAL BENEFITS
Budgetary Proposal, pricing to be confirmed with engineering audit.
Price valid until 07/11/11
5,633,164 Ibs of C02 is equivalent to the amount:
4 ~,
.,~ .emitted by
;a;;
driving 145,185
~~~ ~ "cars 50 miles a
~:
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day for 1 year.
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Page 3
Page 24
ATTACHMENT "B"
Solar Power Purchase Agreement (Commercial OR)
This Solar Power Purchase Agreement (this "Agreement") is entered into by the parties listed below (each a "Party" and collectively
the "Parties") as of the date signed by Seller below (the "Effecti~-e Date").
Purchaser: Seller:
Name and Address Central Point Cite Name and Address SolurCity Corporation
140 South Third Street ~~ ~~_~ Clearview Wav
City of Central Point, OR 97>(_)2 S~u~ Mateo, CA 944(_)2
Attention: Chris Clayton, Assistant City f\ucnti~~n: Legal Department
Manager
Phone >41-F_,F,4-3321 Phone (6>0)i„~-1u~8
E-mail Chris.Clavton~u~oentralpointoregon.gov I~-mail Contraots~u~solarcitv.com
Facility U~~nership Purchaser o~~ns the Facility Contractor's License Numbers
OR: CCB 180498
Project Name Reservoir
This Agreement sets forth the terms and conditions of the ~nu~ch~isc ~md salr ~~I~ s~~l~ir ~ cnerated electric energy from the solar panel
system described in Exhibit 2 (the "System") and installed at the Purchaser"s facility described in Exhibit 3 (the "Facility").
The exhibits listed below are incorporated by reference and mu~lc ~xu~t ~~f this Agreement.
Ezhitiit 1 PricingAttachnicn[
Ezhitiit 2 System De~~cri~~tic~n, Delnrn Point and License Area
Ezhitiit 3 Memorandum ~~f Licen~~c
Ezhitiit 4 Credit InG~rmation
Exhibit > General ~Lcrnis and C~~nditions (RevzJ~ec1 Decertzl~er 11, ?009)
Ezhitiit 6 Reserved
Ezhitiit 7 I:cscr~ cd
Purchaser: Ccnfral Point Cite
SolarCity Corporation
Signature: Signature:
Printed Name: Chris Clavh~n
Title: Assistant City Manager
Date: Date:
Soler Fower ~'~~~~~'¢~~lt i Commercial ~_~R i ~~ Q 1 ~ X413 i CE i ~~ Q 1-FFA
Exhibit 1
Pricing Attachment
1. Term: Fifteen (15) years, beginning on the Commercial Operation Date.
2. Additional Terms: Up to three (3) Additional Terms of fire (>) years each.
3. En~-ironmental Incenti~-es and En~-ironment Attributes Accrue to Seller.
~. Contract Price:
Contract Year $/1.Wh
1 $0.0>20
0.0>33
3 $0.0>46
4 $O.O~~n
$t!! i~-~
6 ~~ i,u>88
7 `~~ x.0603
x $t,.t,61x
y
lu ~;i, sir,-~~1
11 ~;~ i ~ ir,r,6
12 $U ur,x ~
O $U.Ur,')~)
14 ~F,,.U- ~
1> Vii, i,-;
Includes ACH invoicing. If manual invoicing is requircrl_ a ~~5 handling charge will he added to each invoice.
5. Condition Satisfaction Date: ~'xU days al~tcr the Effective Date
6. Anticipated Commercial Qperation Datr. ~"u ~la~ ~~ ~iftci`the Effective Date
7. Outside Commercial Operation Datc: 36> days after the Effective Date
8. Purchase Option
End of Contract Year Option Price'`
Buy ~~ut ^CYer year 6 $160,341.84
Buvout~iftcr ~r,ar lU $16x,652.x6
Buyout after ~r~ir 1~ Fair Market Value
"Buyer shall base the right to purchase the System at the greater of the price set forth aboee and the then current fair market ealue.
Soler Fower bR~~AI. RIfi~~~~¢~~rt Esliibitl i~'ommeroiel ~_~Ri ~~~11~~413 i~'El pa ~~~
9.
111
ul~r Fuwer
Termination Value:
Contract Year Termination Value
1
2 $~44,>37.82
3 $532,97724
4 $442,~4~.39
5 ~3~4.9x2.x9
$28,185.32
7 $254,92U.U5
8 $233,7>.59
9 $212,4UU.75
10 $190,812.4
11 ~1~x.9x ~ ~+
12 $14~ _'~ ~ ~ 76
13 $124.~r,v r,
14 X101,94>.~,~,
15 $79,U23.U2
Rebate Variance. All prices in this Agreement arr caloulaird hasr~l on an upfront rebate of $289,480. If the actual
rebate is lo~~er than calculated, prices ~~ill he ad~u,tUil piu-rani to rcllcct the actual rebate recei~ eil.
Exhibit 1 i Coiutuarmal ! ~R i ~! Q 1! X413 i CEl
Exhibit 2
System Description, Deli~-ery Point and License Area
1. System Location: 137 West Vilas Road, City of Central Point, Oregon 97>t)2
2. System Size (DC 1cW): 78.96
3. Expected First Year Energy Production (1cWh): 101,122
~. Expected Structure: Roof Mourlt
5. Expected Module(s):
Manufaoturer/Model uantity
Yingli Green Energy:YL23>P-296 336
6. Expected In~-erter(s):
Manufaoturer/Model
Fronius I7SA:IG Plus 12.0-3WYE277
6
uantity
7. Includes:
SolarCity Limited Warranty: nstallati~~n ~~f a solar en€i _~ svstem (includes: design, engineering, permitting, installation,
monitoring, rebate apr~liculion and pu(~cr~y~~rk processin; for solar energy system), pre~-ailing wage construction.
8. Excludes:
TJnforesren ~_~n~un~l~~~~rk (in~lu~lin~, but not limited to, ekcavation/circumvention of underground obstacles), upgrades or
repair t~~ cust~~mcr ~~r utility rlrctri~al infrastructure, upgrades or repair to building struch~re or to roofing system,
paymrnt bonds, perf~~rnrui~r honJ~~_ tree removal, tree trimming.
9. Dcliycr~~ Point and License .area: SolarCity shall attach a schematic that contains the:
(i) arra~_
(ii) Deliver I'~~mt_ and
(iii) access points needed to install and servics System (bldg access, electrical room, stairs etc. )
Solar Power Piu~cha,e~ Agre~e~me~nt Etihibit 3 i ~'onuue~rcial ~ ~R i 3~ ~1 1 ~ ~~413 i ~'El
CAP072811 Page 28
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Sol~iFon•eiFtuch~.;e_~lgieenient E1lulit~ i~'onuueici~lC~Ri ~i_~ll~_~-413 i~'Ei
CAP072811 Page 29
RECORDING REQUESTED BY AND )
WHEN RECORDED, RETURN TO: )
SolarC'ity Corporation )
Legal Department )
3055 C'learview Way )
San Mateo, C'A 94402 )
Facsimile: (65U) 56U-61x2
Email: oontaots~u~solarcitv.oom
(space above this line reserved for recorder's use)
THIS MEMORANDUM OF LICENSE is made and entered into this da~~ o~ , 201_, (the "Effective Date")
by and between CENTRAL POINT CITY, whose address is 14U South ~fhird Street, City of Central Point, Oregon 97502
("Licensor"), and SOLARCITY CORPORATION, whose address is 3055 Clcanic~~ Way, San Mateo, CA 94402 ("Licensee").
A. Licensor is the owner of certain real property ("Premises'"), located in the County of Jackson, State of Oregon,
attached to this License as Exhibit A and incorporated herein h~ rcl`erence.
B. Licensor and Licensee have entered into a S~~lar Power Purchase :'1~~reement dated on or about the Effective Date
(the "Agreement") under which Licensee is selling energy generitcd by a photovoltaic electric generating system
(the "System") to Licensor. The Agreement is I~~r a term of liftccn (15) years, beginning on the Effective Date and
ending on the fifteen (15) year arnliversan ~~f the C~~mmercial Operation Date with an option to extend the
Agreement for up to three (3) extended terms ~~f I~i~e ~5) years each. Pursuant to the Agreement, Licensor has
granted Licensee an irrevocahJc non-exclusi~~c license ("License") over the Premises for the purposes and on the
terms set forth in the Agreement
Licensor anil Licensee agree aG fellows:
Licensor hereh~ ~~rant~, to Liccnsc~ the Licrr~~~c over the Premises on and subject to the terms and conditions set
forth in the Agreement ~~ bleb is incorporated herein by reference.
The trrn~ ~~f the I_i~rnsr hr~~ins on the Effective Date and continues until one hundred and ttvent_v (12U) days after
the tcrminali~,n ~~f the :Aerecmcnt
This Memorandum ~~f License shall not he deemed to modify, alter or amend in ant way the provisions of the
License or the Agreeni~nt. In the event of any conlliot hettveen the terms of the License and/or the Agreement and
this Memorandum, the terms of the License and/or the Agreement, as applicable, shall control.
The undersigned hay e executed this Menx~randu~n of License as of the date first written above.
LICENSOR
CENTRAL POINT CITY
Bv:
Name: Chris C'la_vton
Title: Assistant City Manager
LICENSEE
SOLARC'ITY C'L)RPORATION
Bv: _
Name:
Title:
Soler Fower Fru~oliase Agreemeirt Esliibit 3 i Commeroiel UR i ~~ Q 1! X413 i CEl
CAP072811 Page 30
State of
County of
Un __ ___________, before me, __________________, Notarv Public, personally appeared _ ____,
~~ho pro~eil to me on the basis of sahsfaotoi~ e~iilenoe to he the person(s) ~~hose name(s) is/are suhsoriheil to the ~~ithm instrument
anil ackno~~leilgeil to me that he/she/thev e~ecuteil the same in his/her/their authorized capacity i i~~s), anil that by his/her/their
signature(s) on the instrument the persons ), or the entity upon behalf of whioh the person(s) noted, r~ rc uteri the instrument.
I oertifv under PENALTY OF PERJiTRY under the laws of the State of _ th~~t the foregoing paragraph is true and
correct.
WITNESS n1y hand anil official ,~~,~I
Si~~nuture of ihr Notarv Public
State of California
J
Connt~~ of San Mateo ~.
Un __ ___________. before me, _____ ____________, Notarv Public, personally appeared _________ _ ___,
~~ho pro~eil to me on lln~ I~asis ~~I ~~tisf~ct~~n r~ iilenoe to he the person(s) ~~hose name(s) is/are suhsoriheil to the ~~ithm instrument
and acknowledged t~~ nie that hr'shrthr~ ~srcuted the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on thr i n~;trument the pcrs~~ni s ~. or tlir entity upon behalf of whioh the person(s) noted, ekecuted the instrument.
I eertifv under I'I ~ N,~LTY OF PERJ[7R 1~" ^nder the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand anil official seal.
Signature of the Notarv Public
Soler Fower Fru~oliase Agreemeirt Esliibit 3 i Commeroiel UR i ~~ Q 1! X413 i CEl
CAP072811 Page 31
Exhibit A
To Memorandum of License
Legal Description of Premises
That certain real property located in the Coutlty of Jackson, State of Oregon ~lescribe~l as follows:
<div>Map/Tak Lot: 372WU1BA SU3</div>
<div>A PARCEL OF LAND LOCATED IN THE STATE OI~ ~ ~REU~ >N_ COI ~N~f Y OF JACILSUN, WITH A SITIJS ADDRESS OF
W VILAS RD, , UR CITRRENTLY OWNED BY CENTRE\I. P~ ~IN1' CITY OF HAVINU A TAB ASSESSOR NTTMBER OF
10993796.</~li~>
Egad ofExhibit3
Soler Fower Fru~oliase Agreemeirt Esliibit 3 i Commeroiel UR i ~~ Q 1! X413 i CEl
CAP072811 Page 32
Exhibit
Credit Information
Promptly following the execution of this Agreement Purchaser shall supply SolarC'ity with the following credit information:
APPLICANTS INFORMATION
Name: Tad ID:
Previous & Other Names: y~'ebsite:
Corporate Address: 1~0 South Third Street
City, State, Zip C itv of C antral Paint, Oragun 9702
Phone Number: ~dl-66d-3321 Fad Number Nona
Entity Type S-Corp C-Corp Partnership Sole Prop LLC LLP Other
Check One:
Property Address for Solar Installation: State: Zip Code: Owner Occupied
137 waat ti`ilaa Road, ('ih' of ('antral Point Oregon 97J02 I ES
Property Tvpe Insurance Agent Name Agents Phone: Name of Landlord if Not Owner Occupied
Information Requested: Please submit the information required below pia electronic format to annmericalcreditu solarcih~.com.
Corporate Records
^ C'opy of Articles of Incorporation, Partnership agrrcmunt, Fictitious Name Statement or Organizational formation
Documents (If applicable ).
Financial Statements
^ Last two (2) vents ~~'t CPA auditc~l. rc~ic~~c~l. c~~mpiled statements (Balance Sheet, Income Statement, Cash Flow).
SolarCity may request you provide a~l~liti~uril documentation to complete the credit evaluation process. SolarCity will notify you if
additional information i~~ rryun~rrl.
The abuya information anal any mfurmatiun a0achcJ i< 1lunrshc~l w SularC itv and its affiliates ("Lender") in ounnactiun with the Application of credit fur which }'uu ma}~
appl}~ ur credit }'uu m ac ^uarantaa. Yuu aclaiu~~ I~~L~ and understand that the Lender is relying un this information in daoiding to grant ur continua credit ur to accept a
guarantee of oradit 1 ~~u r~~~rasant, warranty and rcrtih~ that the information pruyidad herein is tnia, ourract and cumplata. The Lender is authurizad to make all inquires
deemed necessary to ~ crilA the accurac}~ of the inf~~rmatiun ount~inad herein and to determine your craditwurthinass. Yuu authurize an}~ parson ur ounsumar-spurting
aganc}~ to give the LanJcr :nn information it niac have about}'uu. Yuu authurize the Lender to answer quastiuns about its credit experience with }'uu. Subject to an}~
nun-disclosure agreement bct~a ren you and Lrndcr, this form and any other information given to the Lender shall be the Lender's property.
If your application fur business .rc~lil i~ ~Icniad }'uu have the right to a written st~tamant of the spaoific reason fur the denial. Tu ubt~in the st~tamant, please ount~ct
SularCity at (6~0) 638-1028, San rUulc~~, CA 9~~02. Yuu mist ount~ct us within 60 days from date vuu are notified of our dacisiun. wa will send vuu a written
st~tamant of reasons fur the denial within 30 da}'s of receiving your request.
N~ ~TI('E: Tha Fadaral Equal ~ )pporhmity Act prohibits creditors from discriminating against credit applicants on did basis of raoa, color, religion, national origin, aa~,
marital atahis or age (provided did applicant has did capacity to antar into a binding contract); bacauaa all or part of did applicant's inooma darivaa from an}~ public
assistance programs; or because did applicant has in good faith e~ereiaed an}~ right under did ('onaumer ('redit Protection Act The federal ageno}~ that administers
compliance with this law oonceniing dais creditor is did ~ )ffioe of did ('omptroller of die ('urrenov, ('ustomar Assistance ihiit, 1301 l~Iohinnev Street, Suits 3d~0,
Houston, Taus 77010-90j0. Solar('ity is an equal opporhmity lender.
Signature
Title Date
Soler Fower Fru~oliase Agreemeirt Esliibit 4 i Commercial UR i ~~ Q 1! X413 i CEl
CAP072811 Page 33
Exhibit 5
Solar Po«~er Purchase Agreement General Terms and Conditions
See ~~~~~~~.solarcit~-.com/PPATerms.
username "client" and password "agreement"
E~~cl o f Eihihit 5
Soler Fower bR~~AI. RIfi~~~~¢~~rt Esliibit 5 i ~'oiuiueroiel ~_~R i ~Ull ~ X413 i ~'E i pa~~ q A
Exhibit 6
RESERVED
Efi~l ofExl~ibit 6
Soler Fower ~'~~~~~'¢~~lt Esliibit t; i Commeroiel UR i ~~ Q 1 ~ X413 i CEl
Exhibit 7
RESERVED
Egad of Exhibit 7
Soler Fower ~'~~~~~'¢~~lt Esliibit ' i Commeroiel UR i ~~ Q 1 ~ X413 i CEl
ATTACHMENT "C"
Frequent Private Power Agreement Questions
Agency (City of Central Point, Oregon)
Livestor (Solar City, Lic.)
Why are the termination valves and buyout valves so high?
To Agenda
1. Termination value is high to reflect the possible recapture of tax credits as well as
discounted revenue from the entire term to make our investors whole.'
2. Buyout values are set (and we can only offer three) over the entire agreement and the
final one has to be Fair Market Value (FMV) due to IlZS classification of a PPA.
What happens at the end of the agreement?
1. At the end. of the term there are three options; purchase at then to be determined Fair
Market Value (FMV), renegotiation of the lease, removal of the system at our cost (this is
the trump card as if the Agency does not like the other two they can opt for this and. it
costs us money).
What other costs are there?
1. There is no cost to the Agency other than paying for the energry produced by the proposed
solar generation system.
What other responsibilities does the Investor and A~ency have under the contract?
1. The Agency is required to provide the investor with a point of contact during the
installation, an interconnection point and site access during defined times.
2. The Agency is to provide Internet access for energry production monitoring.
3. The Investor owns all the environmental attributes as well as the tax credits on the system
4. The Investor is required. to do the maintenance or the solar system. The Agency is
required. to perform the maintenance of the roof/ground.
5. The Agency cannot do anything that is going to block the sun.
6. The Agency must provide reasonable site security.
7. The system can only be publicized by the Investor with Agency permission.
CAP072811 Page 37
Business:
Approval of Medford
Water Commission
Agreement
CAP072811 Page 38
Parks & Public Work Department
STAFF REPORT
DATE: JULY 8, 2011
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: Medford Water Commission (MWC) Contract
Matt Samitore, Director
To Agenda
In June the City Council had a study session regarding the water contract. It was discussed at that
meeting some changes to the contract would need to be necessary. Council advised staff to revise
language in Article 1 on large water users and eliminate language in Article 5 that was added by the
Medford Water Commission regarding water rights. Staff added some language to Article 5
clarifying the need for regional water rights.
RECOMMENDATION: Approve the proposed contract with the included amendments to send to
the Medford Water Commission.
CAP072811 Page 39
AGREEMENT To Agenda
THIS AGREEMENT, made and entered into in duplicate on the day of
2011, by and between the City of Central Point, a municipal corporation of the
State of Oregon, (hereinafter referred to as PURCHASER), and the City of Medford, a municipal
corporation of the State of Oregon, acting by and through its Board of Water Commissioners,
(hereinafter referred to as VENDOR),
WITNESSETH:
WHEREAS, VENDOR has wintertime (October through April) surplus water available in its
municipal water system; and
WHEREAS, PURCHASER desires to purchase said surplus waterfrom the municipal water
system of VENDOR; and
WHEREAS, PURCHASER desires to purchase treat-and-transport services for
PURCHASER's own permitted or certificated water rights during summertime (May through
September) from VENDOR;
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual promises
hereinafter expressed, and intending to be legally bound hereby, the parties hereto do mutually
agree as follows:
ARTICLE 1. SCOPE OF WATER SUPPLY SERVICE
VEN DOR owns and operates the treatment and transmission facilities which supply "surplus"
water to PURCHASER. VENDOR routinely attempts to anticipate the water demands of its
customers, including those of PURCHASER. VENDOR needs reasonably accurate forecasts of
future water demands in order to ensure sufficient "surplus" capacity in these facilities to meet the
growth needs of its customers. Therefore, PU RCHASER agrees that at the five-year renewal period
it will convey to VENDOR a reasonable estimate of its maximum daily demand for the next five-year
period. VENDOR agrees to continue to supply surplus water up to a maximum 3,255 gallons per
minute (GPM), for the months of October through April, and treat-and-transport water up to a
maximum of 5,700 GPM, for the months of May through September. The summertime 5,700 GPM
shall be divided between meter locations with 1,500 GPM at Hopkins Road, 4,200 GPM at Vilas
Road, and /or a share (Max 360 GPM) at Beall Lane. The wintertime 3,255 GPM shall be divided
similarly, i.e., 1,425 GPM at Hopkins Road, 1,830 GPM at Vilas Road, and/or a share (Max 205
GPM) at Beall Lane. In the case of an emergency, VENDOR agrees to increase the supply within
the limits of its system. PURCHASER shall immediately take all necessary steps to remedy the
emergency.
Both parties understand and acknowledge that PURCHASER'S estimated demand isjust a
forecast and may prove to be too low, and that a large industrial or commercial customer may alter
CAP072811 Page 40
the demands of PURCHASER. In the event that PURCHASER becomes aware that it shall exceed
its estimated maximum day demand, it shall notify VENDOR with a new estimated demand.
VENDOR shall then determine if it has sufficient surplus treatment and transmission capacity to
meet this anticipated demand. If sufficient capacity does not exist, then VENDOR shall provide
PURCHASER a timeline for VENDOR to meet the demand.
In the case of an extremely large industrial or commercial user (those who utilize over 2.0
MGD), VENDOR shall work worth with i-Fie7T'c~& ~°+°rmin°+inn ~nih°4h°r fi irnichin/r that particular user
with its needed water supply is in the best interest of the citizens of Central Point and Medford and
makes the best use of the region's limited water resources. VENDOR does not guarantee
PURCHASER that every large commercial or industrial user located in PURCHASER'S service area
will automatically be provided water. VENDOR shall, however, apply the same standard, as related
to service to larger users, evenly across all the jurisdictions supplied by VENDOR.
ARTICLE 2. CONNECTIONS
PURCHASER'S primarywater supply connections from VENDOR'S system are through an
eight-inch (8") connection on Beall Lane, a 10-inch (10") connection on Hopkins Road, and a 10-
inch (10") connection on Vilas Road. The connections are available for utilization on a year-round
basis. All piping and control valves downstream of these master meters shall be the responsibility of
PURCHASER.
ARTICLE 3. RULES AND REGULATIONS
All rules and regulations of the Board of Water Commissioners relating to water users
outside of the City of Medford as now in effect, or as the Board of Water Commissioners of the City
of Medford may from time to time prescribe, shall be deemed a part of this Agreement, and
PURCHASER agrees to comply therewith and its rights for the supply of water shall be governed
thereby. No such rules or regulations shall relieve VENDOR of its obligation to supply water in
accordance with the terms of this Agreement except as may be dictated by federal and state
regulations or other items beyond VENDOR's control. Nothing contained in this Agreement shall be
deemed to modify, alter or repeal any such regulations now or hereinafter adopted. PURCHASER
acknowledges that it has received a copy of all rules and regulations governing water service of
VENDOR relating to water users outside the City of Medford, attached as Exhibit A to this
Agreement. VENDOR shall promptly, upon passage, supply to PURCHASER a copy of any
amendments or additions to said rules and regulations.
PURCHASER agrees that water supplied to its customers is an "urban" service and should
be confined to current or future city residents. PURCHASER may establish its own urbanization and
outside water service policies based on this premise or may utilize VENDOR's policy. In order to
avoid future service conflicts, a general water service boundary map is attached to this Agreement
as Exhibit B. This map is intended to be modified as urban boundaries change due to regional and
local planning decisions.
CAP072811 Page 41
PURCHASER agrees that it shall not serve any areas outside their city limits other than:
a) Areas within PURCHASER'S Urban Growth Boundary; and
b) Areas within PURCHASER'S Future Urban Reserve Area; and
c) Areas within the Seven Oaks Interchange "Area of Mutual Planning Concern";
all as defined and described in PURCHASER'S Comprehensive Plan, which may be duly modified
from time to time. PURCHASER also agrees to notify VENDOR in writing of all annexations or
modifications to any of the boundaries described above.
ARTICLE 5. MEETING FUTURE WATER DEMANDS
PURCHASER understands that this Agreement calls for the sale of surplus water from
VENDOR and that by the Year 2030, with current growth trends, VENDOR will completely utilize all
of its natural stream flow rights from the Rogue River and those from Big Butte Springs. This will
mean that VENDOR will not have sufficient "surplus" water to meet the summertime demands of
PURCHASER. Additional stored water for municipal and industrial uses is currently available from
the U.S. Army Corps of Engineers at Lost Creek Reservoir; or other alternatives maybe available to
meet summertime demands. Even though it is still many years until the system utilizes all of its
current surplus water, plans and actions are needed now in order to avoid future water shortages.
PURCHASER has purchased or acquired the full 2020 demand including, but not limited to, any
required water right permits, change of use, or point of diversion. PURCHASER shall secure and
maintain the required demand water rights in perpetuity. Current growth and demand projections, as
determined by PURCHASER, indicate that PURCHASER will need 1,535 acre-feet ofwaterto meet
its 2020 summertime demand. VENDOR acknowledges that the current demand is based upon
population projects established in 2005. New projections will need to be completed before the next
agreement. Demand projections have been reviewed by VENDOR and PURCHASER. As growth
continues in the future, water rights will need to be continually evaluated and obtained by
PURCHASER in order to meet those demands.
VENDOR has included the service area of PURCHASER on water right permits made to the
Oregon Water Resources Department (OWRD); however, PURCHASER acknowledges that the
surplus water used by VENDOR to supply PURCHASER's demands comes from water right
certificates and permits issued by OWRD to the VENDOR. PURCHASER acknowledges that these
permits and certificates therefore belong to the VENDOR °nrl DI IR(`I-14 CCR hoc nn ~on~~ on, ,i+~h~o
honofini~l nr n+honniico ,.~~in, +n +ho~o rink+~ PURCHASER also acknowledges that VENDOR has
discretion to lawfully re-designate or change areas of service of noted surplus water for future
agreements. PURCHASER agrees to work with VENDOR on long term solution to regional water
rights issues.
VENDOR maintains water-measuring equipment at the Robert A. Duff Water Treatment
Plant for recording the amount of water withdrawn from the Rogue River covering all valid water
rights and all data acquired is of public record. VENDOR also monitors masterwater meters at three
locations noted in Article 2 for the purposes of recording the amount of water used by
CAP072811 Page 42
PURCHASER. VENDOR provides on a monthly bill the usage of water by PURCHASER pertaining
to this Agreement.
ARTICLE 6. PAYMENTS TO VENDOR
PURCHASER shall pay monthly to VENDOR for all water thus purchased from VENDOR at
VENDOR's regularly scheduled rates forwater service to incorporated cities in effect at a particular
time. VENDOR reserves the right to change said rates at any time upon sixty (60) days written
notice to PURCHASER. VENDOR agrees to make reasonable effort to notify PURCHASER
annually, at least two months prior to the end of the calendar year of VENDOR's opinion as to the
need for rate adjustment during the subsequent year.
ARTICLE 7. TERM OF AGREEMENT
VENDOR has every intention of selling water to PURCHASER for as long as PURCHASER
desires to purchase from VENDOR and VENDOR has surplus water to sell. In furtherance of that
understanding, VENDOR agrees to negotiate in good faith with PURCHASER for renewal of the
Agreement. In the event that VEN DOR does not renew the Agreement, then the current Agreement
will continue in effect as long as reasonably necessary to allow PURCHASER to secure other
sources of water. However, Section 19 of the Charter of the City of Medford limits the term of water
service contracts to 20 years and, therefore, the obligations of VENDOR under this Agreement shall
not, under any circumstances, exceed that period of time. PURCHASER shall make no assignment
of the rights or interests herein granted without written permission. In the event of any occurrence
rendering PURCHASER incapable of performing under the Agreement, any successor of
PURCHASER, whether the result of legal process, assignment, or otherwise, shall succeed to such
right of PURCHASER hereunder.
The term of this Agreement shall be five (5) years from the date hereof. PURCHASER may,
at its option, extend the term for three additional five-year periods, which periods would run through
2020, 2025, and 2030 respectively. Written notice of the election to exercise afive-year extension of
the contract must be given to VENDOR not later than January 1st of the year in which the
agreement would expire if there was no extension.
ARTICLE 8. WATER CURTAILMENT PLAN
VENDOR, on March 4, 2009, passed Resolution No. 1345 adopting a Water Curtailment
Plan for VENDOR's service area. This plan calls for the curtailment of water use by all types of
customers using water provided by VENDOR during periods of drought or emergency. VENDOR's
Water Curtailment Plan is hereby incorporated into and made a part of this Agreement by this
reference. During emergency or drought periods, VENDOR shall give PURCHASER as much
advance warning as possible prior to curtailment of water supplies. The level of curtailment shall be
determined by VENDOR based on the severity of the proposed shortage. PURCHASER shall be
responsible for enforcing the curtailment plan in its service area.
ARTICLE 9. INDEMNITY AND COMPLIANCE WITH LAWS AND REGULATIONS
CAP072811 Page 43
To the extent provided under the Oregon Tort Claims Act, ORS 30.260 to 30.300, and to the
extent PURCHASER is to perform work pursuant to the terms of this Agreement, PURCHASER
agrees that it will be solely responsible for any damage or trespass to or upon adjacent property or
injury thereto and any and all other liability or damages resulting from or in connection with its
operation, and that it will hold VENDOR harmless from any claim, liability, damages or obligation
arising therefrom and indemnify VENDOR for the amount of any obligation it may incur on account
thereof or arising therefrom. Provided, however, that PURCHASER shall not be required to
indemnify VENDOR against liability for damage arising out of death or bodily injury to persons or
damage to property caused in whole or in part by the negligence of VENDOR, except to the extent
that the death or bodily injury to persons or damage to property arises out of the fault of
PURCHASER or PURCHASER's agents, representatives or subcontractors.
To the extent PURCHASER is to perform work pursuant to the terms of this Agreement,
PURCHASER shall at all times observe and comply with all federal and state laws and local
ordinances and regulations, in any manner affecting the conduct of the work, and all such orders or
decrees as exist at the present and those which may be made or enacted later by bodies or
tribunals having any jurisdiction or authority over the work, and shall indemnify and save harmless
VENDOR and all its officers, agents and servants against any claim or liability arising or based on
the violation of any such law, ordinance, regulation, order or decrees, whether by themselves or their
employees.
ARTICLE 10. PARTIAL INVALIDITY
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect, and shall in noway be affected, impaired, or invalidated thereby.
ARTICLE 11. INTEGRATION
This Agreement represents the entire understanding of VENDOR and PURCHASER as to
those matters contained herein. No prior oral orwritten understanding shall be of anyforce oreffect
with respect to those matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
ARTICLE 12. JURISDICTION
This Agreement shall be administered and interpreted under the laws of the State of Oregon.
Jurisdiction of litigation arising from this Agreement shall be in that state.
ARTICLE 13. DEFAULT
It is further understood and agreed by and between the parties hereto that this Agreement is
conditioned upon the faithful performance by PURCHASER of all terms and provisions hereof,
which, on its part, are to be kept and performed and any failure to do so or any default which is not
remedied within ten (10) days after the mailing of written notice from VENDOR to PURCHASER
specifying the particulars of the alleged default, shall give VENDOR the right to discontinue
CAP072811 Page 44
furnishing water as herein provided and VENDOR may, at its option, terminate this Agreement.
Notwithstanding the foregoing, PURCHASER shall not be deemed in default hereunder if the default
is of such a nature that it cannot be remedied within ten (10) days and PURCHASER proceeds in
good faith to cure such default.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by
their proper officers the day and year first above written.
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CAP072811 Page 45