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HomeMy WebLinkAbout1985-011 Croman Corp. Agrmt.AGREEMENT THIS AGREEMENT made this y day of ~.~g.~ 1985, by and between CROMAN CORPORATION, hereinafter referred to as "Customer" and the CITY OF ASHLAND, a municipal corporation of the State of Oregon, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Customer owns and operates a sawmill located in Ashland, and desires that City provide certain electrical distri- bution facilities at said plant so that all electric power and energy required by Customer for operation of said plant 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 has installed, or agrees to install as soon as practical after the date hereof, o~n, operate and maintain for Customer's benefit the facilities approximately as shown on Exhibit "A", attached hereto and incorporated herein by this reference. Said facilities, which permit City to meter all electric power and energy delivered 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 a monthly use-of-faCilities charge equal to 1%% of the actual cost of installing all said facilities, but not to exceed an estimated monthly cost of $397.50. 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 costs of such rearrangement or relocation as determined by City shall be paid by Customer ~" ~ ~ ............... ~_ ~ ~- ~S~S~S=~ = .............. ~ ..... ~ ~ ...... = .... =-~ ~ 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 48, 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 regula- tory authority of the Ashland City Council, and are subject to 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 benefit 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as of the day and year first above written. CITY OF ASHLAND: City Recorder CROMAN CORPORATION: L,zScretary