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R-369-95 08/14/95RESOLUTION 3bY RESOLUTION AUTHORIZING ADOPTION OF A RATE SERVICE CONTRACT FOR MUNICIPAL PUMPING. WHEREAS, the Village of Lemont utilizes electrical power for pumping related to the municipal water and sewer system; and WHEREAS, the Village is eligible to receive electric service for these purposes under the provisions of Rate 24. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the attached electric service contract be approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF 1'13E VILLA /AE W LEMONT, COI F IES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this /T day of , 1995. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert AYES NAYS PASSED ABSENT v 1/ �� ENE M. SMOLLEN, Village Clerk Approved by me this /f'i. day of aZ t , 1995. RICHARD A. KWASNESKI, Village President LEN, Village Clerk COMPANY COPY VILLAGE OF LEMONT ELECTRIC SERVICE CONTRACT Rate 24 This Electric Service Contract (this "Contract ") dated as of July 12, 1995, between COMMONWEALTH EDISON COMPANY, an Illinois corporation (hereinafter called the "Company "), and the VILLAGE OF LEMONT, (hereinafter called the "Customer "). RECITALS 1. The Customer is eligible under Rate 24 for the electric service provided for under this Contract. 2. The Customer desires to procure from the Company, and the Company desires to provide the Customer, electric supply and other services on the terms and conditions set forth herein. NOW THEREFORE, the parties agree as follows: 1. Electric Supply. 1.1 (a) The Company will supply to the Customer, and Customer will take and purchase from the Company, all electricity required by the Customer for water supply and sewage pumping purposes, as well as for incidental lighting and power purposes not to exceed 5% of pumping load, on the premises occupied by the Customer at the pumping plant site(s) (the "Premises ") listed on the attached Supplement (the "Supplement ") for the period set forth in Section 1.2. (b) The electricity to be supplied pursuant to this Contract shall not exceed the Customer's estimate of Maximum Demand in any monthly billing period, for each of the Premises as stated in the Supplement. (c) Electricity will be supplied to additional pumping sites requested by the Customer in writing, mutually agreed upon and added to the Supplement as part of the Contract as required. (d) No changes with respect to pumping sites shall be made to this Contract or deemed effective except as requested by the Customer in writing, mutually agreed upon and added to the Supplement as part of the Contract as required. 1.2. Period. Electric service under this Contract will commence on or about July 12, 1995, (the "Inception Date "). Electric service under this Contract shall expire at the end of 60 monthly billing periods after the Inception Date. The Contract shall be automatically renewed for a term of 12 months, unless written notice is given by either party not less than 30 days prior to any expiration date. J143419-5 1.3 Charges an Terms. The Customer will receive and pay for electric service under (i) Rate 24, (ii) Riders 7, 20, 23, 28, and 31, (iii) Terms and Conditions, and (iv) any other applicable rates, riders or tariffs, in each case as the items in clauses (i) - (iv) are on file with the Illinois Commerce Commission from time to time and as the same may be added, deleted, modified or amended from time to time. 2. Electric Service Station. (a) The Customer hereby grants the Company the right to install, construct, and maintain on each Premises listed in the Supplement an Electric Service Station including transformers, protective apparatus, supply line, and other electrical equipment (collectively "Equipment ") in connection with supplying electric service to the Customer by the Company at the listed Premises. The Customer grants the Company the right to cross the Customer's property to serve other users of electric service with the Equipment. (b) The Equipment which is owned, furnished or installed by the Company shall be maintained by and remain the property of the Company, and the Company shall have free access to the Premises at all reasonable times for the purpose of installing, operating, maintaining, repairing, altering, or removing any of the Equipment. In the event such Equipment includes primary cable not in duct, the Customer agrees that the strip in which the cable is installed will be kept free from any over building or other obstruction that might interfere with the Company's ability to maintain such cable. (c) In the event the Customer ceases to use the Company's electric service, the Company shall within 60 days after receipt of a written request from the Customer, remove all of the Company's Equipment located on the Premises. (d) The Customer agrees, at the Customer's expense, to provide and maintain in a good, safe and proper state of repair all facilities furnished by the Customer in connection with the installation of the Equipment. In the case of a vault or ground -type Electric Service Station, the enclosure, foundation, fill and similar facilities shall be furnished by the Customer in accordance with the Company's specifications. 3. General. This Contract (i) may be executed in multiple counterparts, each of which shall be deemed an original and which, taken together, shall be deemed to express the single agreement of the parties; (ii) shall not be altered or amended except by an instrument in writing executed by authorized representatives of the parties; (iii) constitutes the entire agreement and merges and supersedes all prior agreements, understandings, and negotiations, both written and oral, between the parties with respect to the subject matter of this Contract; (iv) is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns; (v) may not be assigned (nor may any rights hereunder be assigned) without the prior written consent of the other party; provided that neither party shall withhold its consent to any such assignment if its rights hereunder will not be adversely affected thereby; (vi) does not confer any rights upon any person other than the parties and their respective successors and permitted assigns; (vii) may be performed by the Company through the use of agents and subcontractors (but such use shall not relieve the Company of any obligation hereunder); and (viii) shall be governed by and construed in accordance with the laws of the State of Illinois without regard to conflict of laws principles. Any provision of this Contract which is prohibited or unenforceable in a specific situation in any jurisdiction shall not affect the validity or enforceability of: (a) that provision in another situation or in any other jurisdiction, or (b) the other provisions of this Contract if such other provisions could then continue to conform with the purposes of this Contract and the terms and requirements of applicable law. A waiver by either party of any default by the other party of this Contract shall not be deemed to be a continuing waiver or a waiver of any other provision of this Contract, but J143419 -5 shall apply solely to the instance to which the waiver is directed. The parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Contract. 4. Notices. All notices or requests required or contemplated to be given hereunder to the Company or the Customer shall be directed to such party at the following addresses: If to the Company: If to the Customer: Commonwealth Edison Company 1910 S. Briggs Street Joliet, IL 60433 -9599 Village of Lemont 418 Main Street Lemont, IL 60439 -3788 In Witness Whereof, the parties have executed this Contract as of ACCEPTED BY: FOR '111L _ OMPANY: FOR '1HJ CUSTOMER: Signature " Signature Dennis J. Bieschke Print Name Print Name Regional Accounts Market Manager Official Capacity Mail bills to: Village of Lemont 418 Main Street Lemont, IL 60439 -3788 J1434I9 -5 Official Capacity SUPPLEMENT TO RATE 24 CONTRACT DATED JULY 12, 1995 Page 1 of 1 VILLAGE OF LEMONT Pumping Plant Customer's Inside Site Location Contiguous Transformer Estimated Rider 6 Rider 7 Corp./Dist. Number Pumping Plant Address Area Served Number Max. Demand Amount Amount Limits (Y/N 1 Shultz & Houston Lemont 475281T1 2 KW $12.30 Yes 2 Houston & Shultz Lemont 475281T1 225 KW Yes 3 1200 State Street Lemont 475294S1 300 KW Yes 4 611 1st St Lemont 475281T2 4 KW Yes 5 N/S Archer & W/S Ashbury Lemont 475331S2 2 KW Yes 6 7 8 9 10 FOR THE COMPANY: Denni J. Bieschke Prin me Signa re / Dj' Official Capacity Re ional Accounts Market Manager * Asterisk ( *) indicates change from last previous Rate 24 Supplement. k: \mb \mizwicki \rte24eup.wp5 ACCEPTED BY: FOR THE CUSTOMER: Signature / Date Official Capacity METER LEASE SERVICE The Company agrees to furnish and maintain on the Customer's premises metering equipment in excess of a standard metering installation to measure the electricity supplied to the Customer, as described below, for which the Customer agrees to pay a total monthly rental of $1230. 1. Actual Metering Equipment 3 - Three Phase, Self Contained, Class 100 & 200 watthour meters (H) @ $2.90 ea 2 - Three Phase, Transformer Rated, Class 10 watthour meters (J) @ $6.00 ea 5 - Recording Demand Register - electronic (R) @ $9.40 ea 4 - 480 Volt & under, under 1200A, indoor current transformers (A) @ $1.25 ea 2. Standard Metering Equipment Monthly Rental $8.70 $12.00 $47.00 $5.00 Total (Item 1) $72.70 2 - Three Phase, Self Contained, Class 100 & 200 watthour meters (H) @ $2.90 ea $5.80 2 - Three Phase, Transformer Rated, Class 10 watthour meters (J) @ $6.00 ea $12.00 4 - Recording Demand Register - electronic (R) @ $9.40 ea $37.60 4 - 480 Volt & under, under 1200A, indoor current transformers (A) @ $1.25 ea $5.00 Total (Item 2) $60.40 3. Total Monthly Rental Payable (Item 1 minus Item 2) The Customer agrees to furnish and install the wiring, supports, and other appurtenances, as specified by the Company, necessary for the metering installation or installations. The monthly rental specified above is in. addition to all other charges under the contract to which this rider is attached and this contract rider is subject to change as provided in such contract. Customer's Name Village of Lemont $12.30 Address VARIOUS Dated 6/23/95 FV75 AX 45178 Lemont