Res 2019-022/approving a contribution in aid of construction agreement with Urban Mining Company and Urban Mining Development, LLC to provide for the City’s financial participation in the cost of extending electric service to Urban Mining Company’s opera

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Section 2.06. "Force Majeure Event" means any event or occurrence that is not within the control of City and prevents it or its contractor from completing the construction of the Electric Service including without limitation, any act of God; act of a public enemy; war; riot; sabotage; blockage; embargo; failure or inability to secure materials, supplies or labor through ordinary sources; labor strike, lockout or other labor or industrial disturbance (whether or not on the part of City or its contractor); civil disturbance; terrorist act; power outage; fire, Flood, windstorm, hurricane, earthquake or other casualty; any law, order, regulation or other action of any governing authority other than the City; any action, inaction, order, ruling moratorium, regulation, statute, condition or other decision of any governmental agency, other than the City, having jurisdiction over the City or the City's operations. Section 2.07. "Incentive"means the City's participation in the amount of $546,630.38 in the cost of extending Electric Service to UMC and the Land as outlined in Exhibit B, attached hereto and made a part hereof. Section 2.08. "Incentive Repayment" means a payment in the amount of $641,422.31 to be paid by UMC to City under Section 5.03 of this Agreement if UMC fails to use at least 152,424,000 kWh of electric power for operation of the Business during the Term of this Agreement or fails to maintain an annual average Power Factor of at least 97 percent, leading or lagging, in any year during the Term hereof. Section 2.09. `Land" means those tracts of land identified in Exhibit A as Parcels I, 2, 4, 5, 6 and 7, and the tract identified for "Proposed Storm Water Detention (3.12 Acres) and for an "Electric Service Sub -Station (2.4 Acres). Section 2.10. "Power Factor" is the ratio of kilowatts to kilovolt -amperes (kW/kVA). kW (true power) is the demand; kVA is the apparent power.