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Home My WebLink AboutEXCESS FACILITIES CHARGE AGREEMENT BETWEEN AUGUSTA, GEORGIA AND GEORGIA POWER COMPANY 4/* Georgia Power Account Manager: Mike McBay Account Number: 42591-56006 Premise Address: 1501 Aviation Way Augusta Georgia 30901 EXCESS FACILITIES CHARGE AGREEMENT STANDARD OFFER This Excess Facilities Charge Standard Agreement("Agreement") is entered into this 28th day of February, 2019 (the "Effective Date") between Georgia Power Company("Company")and Augusta Richmond County("Customer"). The Customer has requested that the Company install the excess facilities described below(the"Excess Facilities") on the Customer's premises described below(the Premises). The Excess Facilities shall augment the Company's standard system on the Premises. Subject to the terms and conditions contained herein, the Company agrees to install its Excess Facilities on the Premises. Description of Excess Facilities: Installation of 3 phase primary and transformer to serve New Electrical Room south of Augusta Regional Airport (Airport) runway located specifically at cul-de-sac area of new industrial area east of Doug Barnard Parkway and south of Airport newly known as General Perry Smith Parkway. Rate will be PLS or PLM. Location of Premises: at New Electrical Room 1. To compensate the Company for the cost of installing its capital Excess Facilities on the Premises,the Customer shall pay Excess Facilities Installation Charges to the Company in the amount of: ® (i) a one time Excess Facilities Installation Charge of$ 140,983.06 O (ii) monthly installments each in the amount of$ , for a fixed period of months All such payments shall include additional amounts as may be necessary to pay any applicable taxes. As security for the monthly installments of the Excess Facilities Charge, the Customer shall deliver to the Company a security deposit of$0 (not to exceed the sum of three monthly installments). 2. To compensate the Company for the allocated cost of operating and maintaining its Excess Facilities at the Premises,the Customer shall pay Excess Facilities Ongoing Charges to the Company in the amount of: ❑ (i) a one time prepaid Excess Facilities Charge of$ ❑ (ii) monthly installments, each in the amount of$..for an initial period of twelve (12) months All such payments shall include additional amounts as may be necessary to pay any applicable taxes. If all or any portion of the Excess Facilities Ongoing Charge is to be paid monthly, the Customer's obligations to make such payments shall automatically renew from year to year for successive twelve(12)month periods, until thirty(30)days after written notice from either party hereto of its intent to terminate this Agreement. As security for the monthly installments of the Excess Facilities Ongoing Charge, the Customer shall deliver to the Company a security deposit of $ 0 (not to exceed the sum of three monthly installments). 3. Additional Terms and Provisions. The Customer shall provide access to the Company at reasonable times to allow the Company to perform such work and to remove the Excess Facilities upon termination of this Agreement. The Customer shall not increase load (e.g., building or equipment additions) without first notifying the Company. If the Customer's planned load increase would require extensions or modifications of the Excess Facilities,the Company shall prepare a plan and estimate of the costs of such extensions or modifications. Implementation of such extensions or modifications may require modification of this Agreement. Revision 4;January 20,2017 Page 1 of 3 A Georgia Power The Customer shall not tamper with, move, or adjust any part of the Excess Facilities or allow anyone else on the Premises, other than authorized Company representatives,to do the same without prior Company approval. The Customer shall be responsible for the acts of those persons on the Premises who are not authorized Company personnel, agents or subcontractors. The Customer shall not place any future buildings or hazardous obstructions within twenty-five (25) feet of the Company's substations or lines without prior written approval of the Company. The Company shall not be liable for consequential damages resulting from outages of electric current, including but not limited to damages to equipment or loss of product or profits. The Customer accepts the risk that there may be periodic interruptions of electric service, which interruptions shall not constitute a breach of this Agreement by the Company or give rise to any claim or set-off by the Customer against the Company. The Customer's obligation to pay all of the payments due hereunder is absolute and unconditional,and the Customer shall not be entitled to, and hereby waives the right to claim, any abatement, reduction, set-off, counterclaim, defense, interruption, deferment, recoupment or deduction with respect to any payments due hereunder, unless an unreasonable interruption occurs as a result of the company's negligence or willful misconduct. Receivables covered under this agreement unpaid after 21 days after the bill date are subject to a late payment charge. The Customer is in default of this agreement if the Premises are or become the subject of a foreclosure proceeding, or if the Customer(a)fails to pay within 30 days from the due date of its monthly bill; (b) fails to perform in accordance with any provision of this Agreement; (c) is or becomes insolvent or unable to pay its obligations as they become due; or(d) is or becomes the subject of a petition in a bankruptcy or a petition for a receivership. Also, upon default, the Company may exercise any one or more of its available remedies at law or equity, including,without limitation, (i)installing meters in multiple locations between Company owned and Customer owned electric equipment; (ii) changing the service rate to one that will compensate the Company for all amounts owing under this Agreement; and (iii) removing the Excess Facilities. Partial exercise or non - exercise of any of the Company's rights or remedies shall not constitute a waiver of any other right or remedy unless such waiver is expressed in writing. This Agreement is not a sale or transfer of any interest in the Excess Facilities. The Company is and shall remain the sole owner of the Excess Facilities, and shall replace or cause the Excess Facilities to be replaced at no additional cost to the customer if the Excess Facilities are defective or do not perform to the specifications provided. The Customer shall not have any interest or rights in the Excess Facilities. In the event of early termination of this Agreement,the Customer shall be responsible for removal costs in an amount determined by the Company. This Agreement will be in force on the Effective Date of this Agreement or at the time the Excess Facilities become functional, whichever occurs first, and shall continue until all amounts owing to the Company hereunder have been paid in full or the Company has removed the Excess Facilities, whichever occurs later. This Agreement may be modified only in writing signed by the parties hereto, and may not be modified by an oral agreement. The Customer agrees to provide such additional information of documentation as the Company requests in connection with this Agreement including further evidence of its authority to enter into this agreement. This Agreement shall be binding upon the successors and assigns of the parties hereto. The Customer may not assign its rights and obligations hereunder without the Company's prior written consent which shall not be unreasonably withheld. The Company may assign its rights and obligations hereunder,or any portion thereof,to any other person or entity without the consent of the Customer. CUSTOMER: AUGUSTA RICHMOND GEORGIA POWER COMPANY COUNTY AoSignature: Signature: AJIX/L-- ice President �tt/ Print Name:/ ?)/cam r it l e ,G/`�VAf ale: dr— Pricing & Planning Title: y Date: Revision 4; January20,2017 Page 2 of 3 f 1#0104% 'a- Cklr 104.1.t. F.0 i 0.1 . 40'r.4i. II, i r °Vs 0 410 . e 0 ei Ak . Georgia Power Attest: ,P;N, / I * 6.i ,',. 4 4 4,„, -. 1.) • ALA 1 ''.1 '' * dg 1 y 1 .? , , ,,,, ,,,....t,,, - •r. ,,,,1,• ,,i4t 10 111 i_..4%iJi/_, ...t 4. ',. .1Alili'xt: : 0 I 1 - e. tg, 4. , e f 1 0,'co, se ts 0 Lena Bonner, Clerk f% 6 99* 41* do ti . eca4e* •••• 41' (I% •*•• W ti t 44iiih,Ct 0 ft G i tsa 1•4" -i INne.vmsra."486. Augusta viation Commisskn j ZOIG 45/- Willa Hilton, Commission Chair Revision 4;January 20,2017 Page 3 of 3