HomeMy WebLinkAboutC02-115 Holy CrossHOLY CROSS ENERGY CONTRACT FOR ELECTRIC SERVICE - (UNINCORPORATED ENTITIES) The undersigned (hereinafter called the "Applicant") hereby agrees to purchase electric energy from Holy Cross Energy, a Colorado corporation (hereinafter called "Holy Cross"), and hereby agrees to all of the following terms and conditions. If this Contract is accepted by Holy Cross, and If electric energy is made available to the Applicant by Holy Cross, said Holy Cross has invested in construction of lines because of reliance upon the terms of this Contract: Upon electric energy being made available to the premises described below, the Applicant specifically covenants and agrees, and binds himself, his heirs, devises and personal representatives, in consideration of such construction by Holy Cross as follows: A. The applicant will, from the date energy is made available to said premises, for the full period of ten (10) years, but no later than December 31, 2012, purchase from Holy Cross all electric energy purchased for use on the premises described below and will pay therefore at rates to be determined from time to time in accordance with the Bylaws of Holy Cross, provided that Holy Cross may limit the amount of electric energy to be furnished for industrial uses. B. During the time described in "A" above, the Applicant will pay a bill of at least $270.20 per month, plus tax, regardless of the number of kilowatt hours used. Payment of this minimum charge shall entitle the Applicant to the use of the number of kilowatt hours corresponding to the minimum charge in accordance with the applicable rate. 2 The Applicants premises are located in: a portion of Tracts 43, 45 and 46 of Section 3, Township 8 South, Range 87 West of the 6 P.M., Eagle County, Colorado, as more particularly described by that Legal Description Document recorded by reception no. 754139 (page 9 of 57), in the records of the Eagle County Courthouse, Eagle, Colorado. 3 The Applicant will comply with and be bound by the provisions of the Certificate of Incorporation and Bylaws of Holy Cross, and such Rules and Regulations as may from time to time be adopted by Holy Cross. 4. The Applicant assumes no personal liability or responsibility for any debts or liabilities of Holy Cross, and it is expressly understood that under the law, his private property is exempt from execution for any such debts or liabilities. S. The acceptance of this Contract by Holy Cross shall constitute an agreement between the Applicant and Holy Cross. 6. A waiver of any particular violation of this Contract shall not be construed as a waiver of any subsequent violation hereof. It is the intent of Holy Cross to record this Contract in the office of the clerk and recorder of the county in which the property is located, upon which event this Contract shall become a covenant running with the land which shall bind any owner of the premises, within the time period herein specified, to the charges for electricity set forth herein, and the terms and conditions of this Contract, including liability for all past due, but unpaid, charges for electricity furnished to the premises from and a!Lr the date of the recording hereof. ATTEST: . e, IAric Co's BY: SaraXJ. Fisher',' Clerk of the Board of County COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COVINTY CO ISSIONERS BY: MeWChai r STATE OF OQCD --- ) COUNTY OF 5s. �� c byf Cegtqgin`trume t was ckn wlle'dged before me this � day of 20 _ as Chairman bf Eagle County Board of C Commissioners. ounty WITNESS my hand and offi i I seal. My commission expires: Z l Notary Public Address: 1 2 lo•ol Casey\Eaglecuunrymm •• s*t;*,►*,r*w***,►**,r**+r��,r,►�********,r,w**,r,r*,r*,r,w�,rt****�krrtrrw**,t�****��,t�*,►,t�frtf#*,t*t*****frr*,r*#,►,trrt,t*�,t*,t*rr*,ram***#**t*,t*rt,t*,►****trtf lob Name* Ea le Cou B 'Id 9 my ui ing/Mt.Sopris Tree Farm Location #70-60 Job #01-1 7577 0 % i� Consumer Acct.#; Accepted: _�, Membership No.: Genekal M ager - Regulated ervices Date: `� _02 1st Billing: Expires: *moo, August 6, 2002 \/ 3799 HIGHWAY 82 • P.O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 �_00 ti Mr. Rich Cunningham :(�G� �`N �'� Director of Facilities Management Eagle County Building Q^ Eagle,CO81631-0850 �QGV�\� RE: Contract for Electric Service Agreements, Eagle County Community Center — Tree Farm, El Jebel Dear Mr. Cunningham: AUG 1 2 2002 EAGLE COI IfITY ATTOM:7-y Enclosed are two copies of the executed Contract for Electric Service Agreement associated with the above referenced project. Unfortunately, the two executed originals that were intended to be sent (as requested in your May 24, 2002 letter to Keith Hernandez) were accidentally run through the paper shreader. Before I realized what happened the documents had been destroyed. The only other original document I could find is in the process of being sent to Eagle County for recording. If you would prefer to have two copies of the recorded document, please contact me directly at (970) 947-5430. Please accept my apology for this incident, I hope it does not cause you any inconvenience. Sincerely, HOLY CROSS ENERGY 0 `tr Stephen B. Casey, Supervisor of Contract Services SBC Enclosures W/0#01-17577:70-60:Eagle County Building / Mt. Sopris Tree Farm