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R-31-09 Res. Authorizing Approval of Electric Facilities Service Agreement with the Commonwealth Edison Company for the Main Street Sanitary Sewer and Water Main Extension (Maley Road to 1200 Feet West of Bell Road) Special Service Area No. 1RESOLUTION R.9,1.09 RESOLUTION AUTHORIZING APPROVAL OF ELECTRIC FACILITIES SERVICE AGREEMENT WITH THE COMMONWEALTH EDISON COMPANY for the MAIN STREET SANITARY SEWER AND WATER MAIN EXTENSION (MALEY ROAD TO 1200 FEET WEST OF BELL ROAD) SPECIAL SERVICE AREA NO. 1 WHEREAS, the Village of Lemont requires that the Main Street Sanitary Sewer and Water Main Extension, Special Service Area No. 1 be completed; and WHEREAS, the Village seeks to supply 3 -phase power to the Lift Station at 13021 Main Street; and WHEREAS, the Commonwealth Edison Company has submitted an Electric Facilities Service Agreement, in the amount of $5,699.31, with an Advance Deposit Agreement, in the amount of $58,721.99 to provide such service. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the agreement with the Commonwealth Edison Company is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this 11th day of May, 2009. Debby Blatzer Paul Chialdikas Clifford Miklos Ronald Stapleton Jeanette Virgilio Rtck Sh,eb,wsk�' AYES NAYS PASSED ABSENT U 1/ Approved by me this 11th day of May, 2009. CHARLENE SMOLLEN, Village Clerk K. REAVES, illage President CHARLENE SMOLLEN, Village Clerk Approved as to form: JOHN ANTONOPOULOS, Village Attorney Date: Commonwealth Edison Company 1910 S. Briggs St Joliet, IL 60433 1 /z3JZ' ? 4-1" March 11-, 2009 -- Mailing Address: Village of Lemont 418 Main St. Lemont, IL. 60439 Attn. Jim Cainkar For Electric Service to: Lemont Public Works 13021 Main St. Lemont, IL. 60439 The documents indicated below and attached hereto are for your execution: C Electric Service Contract • Electric Facilities Service Agreement - SJ090216 III Service Entrance Specification and Location Sketch — SER # SJ090216 ❑ Customer Work Agreement — CWA # ❑ Residential Underground Agreement — RUA# II Others: Rider DE Contract — JOL -09 -002 Please sign all copies of the above documents in the space indicated "For the Customer" ( "Owner or Applicant") and return copies to ComEd with your payments of $5699.31 & $58,721.99, as indicated on the documents. A portion of the $58,721.99 is refundable over a 10 year period, based on the energy consumption of this installation. Please keep the copy stamped "Customer" for your use during construction. The required work will be scheduled after all required documents are signed and returned to ComEd. Your immediate attention to this matter is requested. Documents not accepted within 30 days shall be void. Please feel free to contact me at (815) 724 -5652 if I may be of further assistance. Sincerely, William Longtin Sr Engineer Tech Field Representative Enclosure RIDER DE- DISTRIBUTION SYSTEM EXTENSIONS ELECTRIC LINE EXTENSION ADVANCE DEPOSIT AGREEMENT Work Task No. 0656874601 P.L. No. 475144 Acct. No. 22130- 17033 ADA No. JOL - 09 - 002 COMMONWEALTH EDISON COMPANY, hereinafter referred to as the "Company," and the following Depositor or Depositors, hereinafter referred to as the "Depositors," or as "Depositor A," "Depositor B," or "Depositor C ". ❑ Check if more than three depositors (see Exhibit "B" attached): Depositor "A" Depositor `B" Depositor "C" whose premises are located at: VILLAGE OF LEMONT Depositor "A" 13021 MAIN ST., LEMONT Depositor `B" Depositor "C" DO HEREBY AGREE ON THIS DATE 4/23/2009 , Illinois , Illinois , Illinois as follows: 1. The Depositors herewith deposit with the Company, in advance, the total sum of $ 58.721.99 which is the amount by which the Company's estimated total / _prorata cost of installed facilties needed to provide distribution capacity for standard service to a point adjacent to the property lines of the Depositors, 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 arc parties to this Agreement, such deposit is apportioned among them as follows (if more than three depositors, see Exhibit "B" attached): Depositor A: $ Depositor B: $ Depositor C: $ Such apportionment has been determined and agreed upon by such Depositors. 3. In consideration of such deposit, the Company will provide said extension in accordance 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 succeeded from time to time. The Company shall own such extension. 4. The Company shall make annual refunds for a period of up to ten years after the line 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 crediting to the Depositor(s) the amount set forth in either clause (1), clause (2) or clause (3) below, as selected by the Depositor(s) by checking the selected clause. ❑ 1) by annually crediting to each Depositor25% of the delivery services revenue 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; or CO 2) by annually crediting to each Depositor, at a rate determined by the Company, of $_60% DFC per kilowatt of monthly billed (or registered) demand delivered to such Depositor in the past twelve monthly billing periods at the premises for which the deposit is made, provided the rate stated in this section, 4.a.2, is subject to a maximum refund rate equal to the Distribution Facilities Charge of the Company's Rate RDS- Retail Delivery Service ( "Rate RDS ") applicable to each Depositor as may change from time to time; or ❑ 3) by annually crediting to each Depositor, at a rate determined by the Company, of _ cents per kilowatt -hour for energy delivered to such Depositor in the past twelve monthly billing periods at the premises for which the deposit is made, provided the rate stated in this section 4.a.3, is subject to a maximum refund rate equal to the Distribution Facilities Charge of the Company's Rate RDS applicable to such Depositor as may change from time to time. (This refund option 3 is available only to Depositors that are billed only on the basis of energy and other non -demand charges and not on the basis of demand). 1 01/2009 RIDER DE- DISTRIBUTION SYSTEM EXTENSIONS ELECTRIC LINE EXTENSION ADVANCE DEPOSIT AGREEMENT Work Task No. 0656874601 P.L. No. 475144 Acct. No. 22130 -17033 ADA No. JOL - 09 - 002 4. b. By crediting to the Depositors an amount equal to 25% (cumulatively in total of the annual delivery service revenue from the service provided to any additional customers who were not a party to this agreement and who are directly connected to the electric line extension after the line extension is energized and placed in service. If paragraph 2 is applicable, such credits for the annual delivery services revenue from the service provided to such additional customers will be made to the Depositors in the same proportions as the individual deposit amounts specified in this Agreement as compared to the sum of those individual deposit amounts except that (i) once an individual Depositor's deposit has been fully refunded, that Depositor's subsequent delivery services revenue 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 above for additional customers and (ii) the additional refund amount that is attributed to the additional delivery services revenue from the customers added to the line and 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 full 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 1 above is a prorata amount based only on the Depositor(s) expected demand load, all refunds will be made based solely upon the delivery revenue from such Depositor(s). No additional refunds will be made based upon delivery revenue from any additional customers who were not a party to this agreement and who are directly connected to the electric line extension after the line extension is energized and placed in service. d. 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 delivery service revenue of the successor customer at the service location and any additional customers who are not a party to this Agreement and are directly connected to the line extension to which this Agreement relates. e. For purposes of this Section 4, delivery services revenue 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 line extension to which this Agreement relates (collectively, "customer(s) ") that is (or, in the case of customers served under a Company bundled service tariff, the portion of the Company's revenue received from the customer that would be) derived pursuant to Rate RDS or other successor rate to Rate 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 extension is completed, such date to be about 8/21/2009 . If 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 performance 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 Cod 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 are 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. 2 01/2009 RIDER DE- DISTRIBUTION SYSTEM EXTENSIONS ELECTRIC LINE EXTENSION ADVANCE DEPOSIT AGREEMENT Work Task No. 0656874601 P.L. No. 475144 ADA No. JOL - 09 - 002 8. If a matter or item is addressed in Rider DE, as may be modified or succeeded from time to time, but is not 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 "A ": Name: Signature: Acct. No. Mail Address: Meter Nos. Depositor `B ": Name: Signature: Acct. No. Mail Address: Meter Nos. Depositor "C": Name: Signature: Acct. No. Mail Address: Meter Nos. FOR THE COMPANY: Engineer /Representative WILLIAM LONGTIN 815- 724 -5652 Approved by: 01/2009 (Name — Please Print) Office /Phone No. (Name — Please Print) Title 3 Signature Date Work Task No. Depositor " D ": RIDER DE- DISTRIBUTION SYSTEM EXTENSIONS ELECTRIC LINE EXTENSION ADVANCE DEPOSIT AGREEMENT EXHIBIT " B " P.L. No. ADA No. Depositor " E ": Depositor " F': Depositor " G ": Depositor " H ": Depositor " I ": whose premises are located at: Depositor" D ": , Illinois Depositor" E ": , Illinois Depositor " F : , Illinois Depositor " G ": , Illinois Depositor" H ": , Illinois Depositor " l ": , Illinois have deposited an amount that is apportioned among them as follows: Depositor D: $ Depositor E: $ Depositor F: $ Depositor G: $ Depositor H: $ Depositor I: $ ACCEPTED BY Depositor "D ": Name: Signature: Acct. No. Meter Nos. Mail Address: Depositor "E ": Name: Signature: Meter Nos. Mail Address: Acct. No. Depositor "F ": Name: Signature: Meter Nos. Mail Address: Acct. No. Depositor "0": Name: Signature: Meter Nos. Mail Address: Acct. No. Depositor "H ": Name: Signature: Meter Nos. Mail Address: Acct. No. Depositor "I ": Name: Signature: Meter Nos. Mail Address: Acct. No. 01/2009 4