Electrical Rate with Ashley Furniture Inc

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ELECTRIC SERVICE AGREEMENT BETWEEN ASHLEY FURNITURE INC. AND THE CITY OF COLTON As Approved by Colton City Council on June xx, 2006 Upon execution of this Electric Service Agreement ("Agreement") between the City of Colton ("City") and Ashley Furniture Inc. the parties agree, covet, and proclaim: WHEREAS, Ashley Furniture Inc. is an electric customer of the City and has established electric service in accordance with the City's adopted rules and regulations as established in the Customer Service Policy; and, WHEREAS, City is a municipal corporation located in the County of San Bernardino and organized under the general laws of the State of California; and, WHEREAS, City owns and operates a municipal electric utility providing the electric needs for residential, commercial, and industrial customers located within the City limits; and, WHEREAS, City has created a rate schedule, Rate Schedule CS, which allows customers with peak demands in excess of 150 kilowatts to negotiate electric rates reflective of their particular electric service requirements; and, WHEREAS, Ashley Furniture Inc. qualifies for the negotiated rate and has requested such to the City, and, WHEREAS, City and Ashley Furniture agree that it is in the best interest for the parties to execute this Agreement. NOW THEREFORE, Ashley Furniture Inc. and City agree to the following terms and conditions; 1. TERM The term of these rates shall be for a period of one (1) year from the date of execution. The negotiated rate shall be applied during the first available billing period (month) following Colton City Council approval of this contract and shall not be effective for more than twelve (12) successive billing periods. No pro -ration of any billing period subsequent to the execution of this agreement shall be allowed. 2. RATE During the 1 year of this agreement, the City will render monthly bills to Ashley Furniture Inc. based upon monthly metered data for ASHLEY FURNITURE INC facilities located within the service territory of the City of Colton Electric Utility at the rates indicated on the attached sheet "CITY OF COLTON ELECTRIC UTILITY CONTRACT RATE FOR ASHLEY FURNITURE INC. The rate will not include any taxes applicable to the provision of electric service in the City. These include, but are not limited to, Public Benefits Charges, State Energy Taxes, Utility Users Taxes (public agencies exempt), or others imposed by the City or other Governmental agencies.