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ELECTRIC DISTRIBUTION FACILITIES EXTENSION AGREEMENT <br /> EXT. NO. 126441 <br /> THIS AGREEMENT, made this 08 day of April, 2005, by and between PUBLIC SERVICE COMPANY OF <br /> COLORADO,a Colorado corporation,d/b/a XCEL ENERGY,hereinafter referred to as "Company"and <br /> CITY OF LOUISVILLE,a municipality,hereinafter referred to as "Applicant",WITNESSETH: <br /> WHEREAS, Company is a public utility supplying electric energy and electric service to various areas in the State of <br /> Colorado,and <br /> WHEREAS,Applicant has requested Company to construct and install the necessary electric distribution facilities <br /> to provide Permanent service to serve 955 BELLA VISTA DRIVE (PARK) in City of LOUISVILLE and the State of <br /> Colorado. <br /> WHEREAS, Company's Service Connection and Distribution Line Extension Policy requires a Construction <br /> Payment for the installation of said facilities. <br /> NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, it is mutually <br /> agreed as follows: <br /> 1) Company agrees to construct with reasonable promptness, the distribution facilities for which the Applicant has <br /> made the Construction Payment, (excluding service laterals), and to notify Applicant when construction is completed and <br /> service is available (the Extension Completion Date). <br /> 2) Applicant agrees,upon execution of this Agreement,to pay to Company the Construction Payment in the amount <br /> of $12,061.68. <br /> 3) (a) Said Construction Payment may be refundable to Applicant in part or in its entirety during a ten (10) year <br /> period commencing with the Extension Completion Date. Any possible refunds will be made in accordance with the terms <br /> and conditions of the Company's Service Connection and Distribution Line Extension Policy. This policy is on file with the <br /> Public Utilities Commission of the State of Colorado and is available for inspection. In no event will any refund exceed the <br /> Construction Payment nor will any refund be made after ten (10) years from the Extension Completion Date, as determined <br /> from the Company's records. <br /> (b) In the alternative, the Applicant can directly pass through to purchasers of Applicant's property covered by <br /> this extension any costs associated with the extension. <br /> (c) Applicant elects,between 3 (a) and 3 (b) above as follows: <br /> ❑ 1) Company shall collect participation charges caused by connections to the extension covered by <br /> this Agreement and refund those amounts to Applicant pursuant to 3 (a) herein. <br /> ❑ 2) Company shall not collect participation charges caused by connections to the extension covered <br /> by this Agreement. Applicant hereby represents that costs associated with this extension shall be collected directly by <br /> Applicant pursuant to 3 (b) above. <br /> 4) Nothing in this Agreement shall be construed to waive the right of refund,if any,which may accrue as a result of <br /> excess construction allowance associated with distribution and /or service lateral installations pursuant to the Rules and <br /> Regulations currently on file with the Public Utilities Commission of the State of Colorado. <br /> 5) Applicant agrees to execute the Company's standard right-of-way agreements granting free of charge to <br /> Company, such rights-of-way from other parties as may be required, and recognizes this Agreement is contingent upon <br /> Company obtaining any other rights-of-way from other parties if required. <br /> 6) In the event Applicant should require additional electric distribution facilities other than those for which the <br /> Construction Payment has been made hereunder,such facilities shall be provided by separate agreements. <br /> IT IS MUTUALLY AGREED that the application and interpretation of this Agreement, including the definitions <br /> of terms used herein, shall be in accordance with Company's Electric Service Rules and Regulations,including Company's <br /> Service Connection and Distribution Line Extension Policy, on file and in effect from time to time with the Public Utilities <br /> Commission of the State of Colorado and that said Rules and Regulations constitute a part of this Agreement and are binding <br /> on the parties hereto. <br /> IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. <br /> PUBLIC SERVICE COMPANY OF COLORADO: APPLICANT: <br /> NAME/FIRM: CITY OF LOUISVILLE,COLORADO <br /> Fred Tilson BY: aired eirhil�' <br /> Boulder Design Manager NAME/TITLE: Grgli� 1a//r (PRINT NAE/ <br /> ITLE) <br /> Title Public Service Company of Colorado STREET: 749 MAIN ST <br /> Operating Company CITY/STA1E: LOUISVILLE,COLORADO <br /> ZIP: 80027 <br /> DESIGN: #126441 WORK ORDER: <br />