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HomeMy WebLinkAboutRESOLUTION - 7-16 - 3/8/2016 - AGREEMENT COMMONWEALTH EDISON RESOLUTION NO. 7-16 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN ADVANCED DEPOSIT AGREEMENT BETWEEN COMMONWEALTH EDISON COMPANY AND THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village. Counties oP Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: ADVANCE DEPOSIT AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: I PASSED this 81' day of March 2016. APPROVED this 8"' day of March 2016. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk CmnEd AdvanceDcposift,ntimcltl WORKTASKNUMBER.: 1379723801 PL NUMBER:435171 ADA NO.:MVA-2016-003 RIDER DE-DISTRIBUTION SN'STEDI EXTENSIONS ADVANCE DEPOSIT AGREEMENT(ADA) COMMONWEALTH EDISON COMPANY,hereinafter referred to as the"Company."and the following Depositor or Depositors. hereinafter referred to as the"Depositors, DEPOSITOR L ELK GROVE VILLAGE LOCATED AT: 0I 90,GOLF RD-600 PT W,ELK GROVE VI L.IL 60007 DO HEREBY AGREE ON THIS DATE 04/30/2016 as follows: I. The Depositors herewith deposit with the Company,in advance,the total sum of$51,061.98.which is the amount by which the Company's estimated(Check total or prorata)g total/_prorata cost of installed facilities needed to provide distribution capacity for standard service to a point adjacent to the property lines of the Depositors(the"distribution system extension"or "extension'),as shown on the Exhibit"A"attached hereto,exceeds the cost of 250 feet of single-phase overhead line per Depositor,including any necessary delivery voltage transformer and its associated protective devices for each depositor. 2. If two or more Depositors are parties to this Agreement.such deposit is apportioned among them as follows: DEPOSITOR 1 $5L06L98 Such apportionment has been determined and agreed upon by such Depositors. 3. In consideration Of such deposit.die Company will provide said extension in aceordmme with the requirements of 83 Illinois Administrative Code 410,Rider DE—Distribution System Extensions("Rider DE"),and the Company's standard policies and practices-as they may be modified or superseded from time to time. The Company shelf own such extension. 4. The Company shall make annual refunds for a period of up to ten years after the distribution extension to which this Agreement relates is energized and placed in service or until the amount of deposit is fully refunded,whichever occurs first,to the Depositors of the amount deposited in the following manner. a. By annually crediting to each Depositor 100%of the Distribution Facilities Charge(UFC)that the Company received from such Depositor based on the meter data used to register the quantities of the Company's service provided at the premises for which the deposit is made. 4. b. By crediting to the Depositors an amount equal to 100%(cumulatively in total of[lie annual DEC from the service provided to any additional customers who were not a party to this agreement and who are directly connected to the distribution system extension after such extension is energized mid placed in service. If paragraph 2 is applicable,such credits for the DEC from the service provided to such additional customers will be made to the Depositors in din smile proportions as the individual deposit amounts specified in this Agreement as compared to the still)of those individual deposit amounts except that(i)once an individual Depositor's deposit has been fully refunded,that Depositor's subsequent DEC will also be considered in the determination of annual refunds for other depositors-thereafter,if any,in a manner similar to the approach described in this item 4b for additional customers and(ii)the additional refund mnotinl that is attributed to the additional DEC from the customers added to die distribution system extension to which this Agreement relates mid that of the individual Depositor that has received a full refund of its deposit,will be distributed to those remaining individual Depositors that have not yet received a fill]refund of their deposits,in the same proportions as the individual deposit amounts specified in this Agreement for those remaining Depositors as compared to the sum of those individual deposit amounts for those remaining Depositors (i.e.excluding the fully refunded individual deposit amount). c. If the deposit from paragraph I above is a prorata amount based only on the Depositor(s)expected demand load,all refunds will be made based solely upon the DEC from such Depositor(s). No additional refunds will be made based upon DEC from any additional customers-who were not a party to this agreement and who arc directly connected to the distribution system extension after such extension is energized and placed in service. of. If a Depositor moves from the service location covered by that Depositor's deposit,the Company will,unless otherwise notified by the execution of an Assignment of Agreement form,continue to make refunds to that Depositor on the basis of the annual DEC of the successor customer at the service location and any additional customers who are not a party to this Agreonlenl and are directly connected to the distribution system extension to which this Agreement relates. C. - Por purposes of-this Section 4.DEC shall mean the Company's revenue received from the Depositor or such other additional customers that are not a party to this Agreement but are subsequently served from the distribution system extension to which this Agreement relates(colleetivcly,"eustonmer(s)")that is(or_in the case of customers served under a Company bundled service tarifT,the portion of the Company's revenue received Ilam the customer that would be)derived pursuant to the DPC assessed under Rate RDS or other successor rate to Rale RDS dealing with electric power and energy delivery services(as opposed to electric power and energy supply services). 5. Refunds shall in no event exceed the amount deposited and shall be made over a period not to exceed 120 months from the date the distribution system extension is completed,such date to be about 04/30/2026. I f there is any portion of the deposit then unrefunded,it shall be retained by the Company. 6. Deposits shall not bear interest. 7. Any delays in or failure of perfommance by the Depositor(s)or the Company under this Agreement,other than payment of money according to the terms hereof.shall not constitute default under this Agreement if and to the extent such delays or failures of performance are caused by occurrences beyond the control of the Depositor(s)or the Company,as the case may be(herein,a "force majeure"),including,but not limited to acts of God or the public enemy;expropriation or confiscation of facilities; compliance with any order or request of any governmental authority;act of war:rebellion or sabotage or damage resulting therefrom;fires,Floods,explosions,accidents,riots,or strikes or other concerted acts of workers,equipment failures,or major maintenance outages,whether direct or indirect or any causes,whether or not of the same class or kind as those specifically above named,which arc not within the control of the Depositor(s)or the Company,respectively,and which by the exercise of reasonable diligence,the Depositor(s)or the Company are unable to prevent. 8. If a matter or item is addressed in Rider DE,as may be modified or superseded from time to time,but is nor specifically addressed herein.the treatment of such matter or item as set forth in Rider DE shall apply. If a conflict exists or develops between the provisions of this Agreement and Rider DE,then the provisions of Rider DE shall prevail. This Agreement is void unless accepted within thirty(30)days from its date and is effective when accepted by the Depositors and approved by the Company ACCEPTED BY: Depositor ELK GROVE VILLAGE Signature: Aecl.No.: 1507008014 901 WELLINGTON AVE,ELK GROVE VILLAGE Meter Nos.: FOR THE COMPANY: Engineer/Representative: DAVID LOWRY Office/Phone No.630-691-4862 Approved by: MICHAEL WIDHALM Signature: CIPA AREA MANAGER