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Agmt 2004 ABAG Power
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Agmt 2004 ABAG Power
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Last modified
8/12/2009 12:38:26 PM
Creation date
8/10/2009 11:10:38 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/7/2004
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PERM
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Reso 2004-083
(Approved by)
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\City Clerk\City Council\Resolutions\2004
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Therefore, ABAG POWER and City agree to wind up the Electric Program under the following <br />terms and conditions; <br />Pa ent. City accepts as a true and proper accounting of all sums due to it from a <br />wind up of the Electric Program the following specific and contingent sums: <br />a} Balancing Account -a sum to be determined pursuant to §4 <br />b) Working Capital Deposits ($157,723) <br />c) DA Credit - ($557,436) <br />d) ISO Escrow Deposit - to be determined pursuant to §5 <br />e) PX Escrow Deposit - to be determined pursuant to §5 <br />fl Wind Up Costs Hold Back - to be determined pursuant to § 11 <br />2. Payment Terms. ABAG POWER will pay to City the following sums: <br />a) In complete payment of the Balancing Account owed City, such funds as are <br />available as of July 1, 2004. Both the payment schedule and the amounts to <br />be paid to City are determined by §4 of this Agreement. <br />b) In complete payment of the Working Capital Deposits owed City, the sum of <br />($157,723) within fifteen (15) days after the City's execution and return of an <br />original of this Wind Up Agreement or after ABAG POWER's receipt of the <br />"Qualifying Agreement" as defined in § 10, whichever is later. <br />c) In complete payment of the DA Credit owed City, the sum of ($557,436) within <br />fifteen (15) days after the latest of the following: i) the City's execution and <br />return of an original of this Wind Up Agreement, or ii) after ABAG POWER's <br />receipt of the "Qualifying Agreement" as defined in § 10, or iii) receipt of the DA <br />Credit from PG&E. <br />d) In complete payment of the ISO Escrow Deposits owed the City, such funds <br />that ABAG POWER may receive from time to time from the Northern California <br />Power Authority (NCPA) until all funds available from the ISO Escrow Deposits <br />are received. Both the payment schedule and the amounts to be paid to the <br />City are determined by §5 of this Wind Up Agreement. <br />e) In complete payment of the PX Escrow Deposit owed the City, funds that ABAG <br />POWER may receive from time to time from NCPA until all funds available from <br />the PX Escrow Deposit are received. Both the payment schedule and the <br />amounts to be paid to City are determined by §5 of this Wind Up Agreement. <br />:~ In complete payment of the Wind Up Costs Hold Back, the amount determined <br />under § 11 of this Wind Up Agreement on or before July 1, 2010. <br />3. Funds Available for Disbursement and Allocation Ratios. Based on ABAG POWER's <br />representation and warranties in §6 and such other documents as it deemed <br />necessary, the City acknowledges that: <br />a) funds available for disbursement were determined by ABAG POWER as <br />
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