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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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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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3/26/2019 10:54:47 AM
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Resolutions
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Agreement
Number
2019-22
Date
1/29/2019
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value of these transformers for purposes of this Agreement is $125,800.00. Such transformers must <br />meet SMEU specifications and design guidelines. When such transformers are upgraded to 2,500 <br />kVA transformers procured by the City, the City will apply a credit against the balance of the cost <br />of the new transformers due from UMC equal to the depreciated value of the 2,000 kVA <br />transformers as of the date the 2,500 kVA transformers are placed in service. The depreciated <br />value of the 2,000 kVA transformers will be calculated using the straight line depreciation method <br />assuming a 25 year life expectancy for the 2,000 kVA transformers starting as of the date they are <br />placed in service. <br />Section 5.03. Incentive Repayment. UMC acknowledges that the City's agreement to <br />cost participate in the construction of the Electric Service is an incentive that is based upon UMC's <br />estimate of the electric power usage for operation of the Business on Parcel 4 of Exhibit A and the <br />resulting revenue to be received by the City over the five year Term of this Agreement based on <br />the current Large General Service -Secondary electric rate. UMC shall make an Incentive <br />Repayment to City in the amount of $641,422.31 if UMC fails to use at least 152,424,000 kWh of <br />electric power during the five year Term of this Agreement or fails to maintain an annual average <br />Power Factor of at least 97 percent, leading or lagging, during any calendar year within the Term. <br />The Incentive Repayment shall be made by UMC within 30 days of the City's notification to UMC <br />that the payment is due. UMC's failure to make the Incentive Repayment when due shall constitute <br />an event of default under this Agreement and a cross -default under the Chapter 380 Agreement <br />that entitles City to exercise the same rights and remedies for default under Article X of the Chapter <br />380 Agreement. In addition, the City may deduct the unpaid amount of the Incentive Payment <br />from one or more Grant Payments as defined in the Chapter 380 Agreement as provided in Article <br />X thereof until paid in full. Notwithstanding any remedies for default under the Chapter 380 <br />
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