HomeMy WebLinkAboutCORRESPONDENCE - CONTRACT - EXCEL ENERGY GAS DISTRIBUTION FACILITIES EXTENSIONFORM (1) 612-10-4049
GAS DISTRIBUTION FACILITIES EXTENSION AGREEMENT
EXT. NO.77805
THIS AGREEMENT, made this 9-94 day of ApalLr2004, by and between PUBLIC SERVICE COMPANY
OF COLORADO, a Colorado corporation, d/b/a XCEL ENERGY, hereinafter referred to as "Company" and
City of Fort Collins , a Municipality hereinafter referred to as "Applicant", WITNE SSETH:
WHEREAS, Company is a public utility supplying gas service to various areas in the State of Colorado, and
WHEREAS, Applicant has requested Company to construct and install the necessary gas distribution facilities to
provide Permanent service to serve 6570 Portner Rd. CNG Fueling Station in City of Fort Collins and County of
Larimer and the State of Colorado.
WHEREAS, Company's Service Lateral Connection and Distribution Main Extension Policy requires a
Construction Payment for the installation of said facilities.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, it is mutually
agreed as follows:
1) Company agrees to construct with reasonable promptness, the gas distribution facilities for which the Applicant
has ).Wade the Construction Payment, (excluding service laterals), and to notify Applicant when construction is completed and
service is available (the Extension Completion Date).
2) Applicant agrees, upon execution of this Agreement, to pay to Company the Construction Payment in the amount
of Fifty Five Thousand One Hundred Forty Dollars and Seventy Seven Cents $55,140.77
3) (a) Said Construction Payment may be refundable to Applicant in part or in its entirety during a ten (10) year
period commencing with the Extension Completion Date. Any possible refunds will be made in accordance with the terms
and conditions of the Company's Service Lateral Connection and Distribution Main Extension Policy. This policy is on file
with the Public Utilities Conin fission of the State of Colorado and is available for inspection. In no event will any
combination of refunds or pass on payments exceed the Construction Payment nor will any refund or pass on payment be
made after ten (10) years from the Extension Completion Date, as determined from the Company's records.
(b) In the alternative, the Applicant can directly pass through to purchasers of Applicant's property covered by
this extension any costs associated with the extension.
(c) Applicant elects between 3 (a) and 3 (b) above as follows:
® 1) Company shall collect participation charges caused by connections to the extension covered by
this Agreement and refund those amounts to Applicant pursuant to 3 (a) herein.
❑ 2) Company shall not collect participation charges caused by connections to the extension covered
by this Agreement. Applicant hereby represents that costs associated with this extension shall be collected directly by
Applicant pursuant to 3 (b) above.
4) Nothing in this Agreement shall be construed to waive the right to receive Construction Allowances, if any,
associated with distribution and /or service lateral installations pursuant to the Rules and Regulations currently on file with the
Public Utilities Commission of the State of Colorado.
5) Applicant agrees to execute the Company's standard right-of-way agreements granting free of charge to
Company, such rights -of -way from other parties as may be required, and recognizes this Agreement is contingent upon
Company obtaining any other rights -of -way from other parties if required.
6) In the event Applicant should require additional gas distribution facilities other than those for which the
Construction Payment has been made hereunder, such facilities shall be provided by separate agreements.
IT IS MUTUALLY AGREED that the application and interpretation of this Agreement, including the definitions
of terms used herein, shall be in accordance with Company's Gas Service Rules and Regulations, including Company's
Service Lateral Connection and Distribution Main Extension Policy, on file and in effect from time to time with the Public
Utilities Commission of the State of Colorado and that said Rules and Regulations constitute a part of this Agreement and are
binding on the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year fast above written.
PUBLIC SERVIIC/E�C/OMPANY OF COLORADO
BY7�-4'�6l�rr�.>..4
DESIGN # 77805
WORK ORDER #
APPLICANT
NAME/FII ty of Fo�o�/�
By 5
Ec�D�L Co`C�-1i4c�x�
(TYPE OR PRINT NAME AND TITLE OF SIGNER)
MAILING 4/2-a�� Az— 6AT `'T"
ADDRESS P.O. Box 580
Fort Collins, Co. 80522