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HomeMy WebLinkAbout1992-033 Energy Agrmt - OSF AGREEMENT THIS A~REEMENT made this 13 between Oregon Shakespeare Festival referred to as corporation of "City"; day of March , 1992, by and Association, hereinafter "Customer" and the CITY OF ASHLAND, a municipal the State of Oregon hereinafter referred to as WITNESSETH: WHEREAS, Customer owns and operates the Shakespeare Theatre located in Ashland, and desires that City provide certain electrical distribution facilities at said Shakespeare Theatre so that all electric power and energy required by Customer for operation of said Theatre may be furnished by City at a single point of primary- voltage delivery with primary-voltage metering~ and WHEREAS, City is willing to provide said distribution facilities and furnish said electric power service required by Customer under the rates, terms and provisions specified herein; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. This agreement shall be in full force and effect for an initial term of five (5) years from the date hereof and shall continue in full force and effect thereafter and until terminated by written notice by either party to the other not less than ninety (90) days prior to the termination date specified in said notice. 2. City of Ashland replaced a 300 KVA transformer at outside theatre with a 750 KVA transformer and will own, operate and maintain this transformer for Customer's benefit. Said facilities, which permit City to meter all electric power and energy delivered 1 - Agreement to Customer at a single point of metering, will be on the load side of City's metering installation. 3. For the use of said facilities, Customer shall pay city an additional monthly use-of-facilities charge equal to 1 1/2% of the actual cost of replacement of 300 KVA transformer, but not to exceed an additional monthly cost of $94.81. 4. Said use of facilities charge is based upon City's owning, operating, and maintaining said facilities as first installed and any additions thereto or removals thereof as mutually agreed upon shall be reflected in said charge. In the event City is requested by Customer to rearrange or relocate said facilities, as first installed, the cots of such rearrangement or relocation as determined by City shall be paid by Customer. 5. Customer will pay City monthly for use of facilities and electric service furnished hereunder at City's office in City Hall, Ashland, Oregon, within ten (10) days after receipt by Customer of city's bill. 6. Bills for electric power and energy delivered hereunder shall be rendered and paid in accordance with the rates and provisions of Schedule $25 or effective superseding schedules. 7. Except as otherwise herein provided, the furnishing and taking of electric service hereunder shall be subject to the rates, rules and regulations of City's ordinances. The rates, terms and provisions hereof are and shall be subject at all times to the regulatory authority of the Ashland City Council, and are subject to 2 - Agreement change from time to time by superseding schedules or by lawful order of said City Council. 8. This agreement and all of the terms and provisions hereof shall be binding and inure to the benefits of the respective successors and assigns of the parties hereto, save that no assignment hereof by Customer shall be effective without written consent of City being first obtained. 9. With the addition of this Contract, the use of facilities charge will increase to $282.85 per month ($18,857.00 x .015). transformer KVA charge will The increase to $262.80 (1752 KVA x $ 0.15). IN WITNESS WHEREOF, the parties hereto executed this agreement in duplicate as of the day and year first above written. CITY OF ASHLAND City Administrator Secretary $ - Agreement