2002 AGN MAR 26 I07 - Laserfiche WebLink

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APPRLBIY DateItem Energy Purchase and Sale Agreement This ENERGY PURCHASE AND SALE AGREEMENT ("Agreement") is entered into as of Apr i i 29, , 2002 ("Effective Date") by and between Colton Power LP, a Delaware limited partnership ("Seller"), and the City of Colton, a municipal corporation of the state of California (Buyer"). Buyer and Seller are referred to herein individually as a "Party" and collectively as the "Parties". RECITALS A. Seller owns, operates and manages two nominal 40 MW peaking electric generation facilities, collectively referred to as the "Facility", located in the City of Colton on leased property owned by Buyer. B. Buyer is a California municipal corporation in the business of providing electric utilities to its' customers, and desires to purchase electric energy from Seller to serve its needs for electricity in accordance with the terms of this Agreement. C. Seller is capable of providing energy directly into Buyer's electric distribution system. D. Seller and Buyer have previously entered into agreements governing Seller's lease of the site where the Facility are located and the interconnection of the Facility to Buyer's utility system. E. Facility's ability to operate is limited by the Air Permit to a certain monthly and annual allowable fuel flow. F. Seller has previously entered into a Master Power Purchase and Sales Agreement with the California Department of Water Resources (CDWR), which takes precedence over any part of this Agreement. Seller currently is unable to meet the requirements set forth in the Master Power Purchase and Sales Agreement with CDWR due to the Air Permit restrictions. Seller will make all commercially reasonable efforts to increase the allowable fuel flow in the air permit to, at a minimum, meet the requirements of the CDWR Master Power Purchase and Sales Agreement.