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Home My WebLink AboutHydro Data, Inc ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS 1YLA~RRL~GE OFFICER ~{ECORDS MAAIAGEMENT OFFICER FREEDOM OF INFOIL~LATION OFFICER To~vn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nortlffork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFy THAT THK FOLLOWING RESOLUTION NO. 553 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 13, 2004: RESOLVED that thc Town Board of the Tov~ of Southold hereby accepts the proposal of Hydro Data~ In~. for performing a hydrographic survey of the West Harbor, Fishers Island, New York and authorizes and directs Supervisor Joshua Y. Horton to execute said proposal as recommended by the Fishers Island Harbor Committee. Elizabeth A. Neville Southoid Town Clerk ,~. PATRiCIAA. FllqTqECxAN 'TOWN ATTORNEY patricia.finnegan~,town.southold.ny.us KIEItAN M. CORCOIIAN ASSIST.~NT TOWN ATTORNEY kieran.corcor an@town.~outheld.ny.u~ LOtlI HLrLSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.rnon~e£usco @t own.sou~hold, ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOVCN OF SOUTHOLD October 5, 2004 Mr. Keith Chdstensen Community Energy 2 Lewis Road Wappingers Falls, NY 12590 RE: Wind Energy Agreement Dear Mr. Christensen: I am enclosing an original, fully executed NewWind Energy Purchase Agreement between the Town of Southold and Community Energy, Inc. We will retain a copy of the Agreement in our file and provide the Town Clerk with the other original Agreement to be maintained in their file. We look forward to this new venture. PAF/Ik Enclosure cc: Members of the Town Board (w/encl.) '~ry truly yours,/~/,~ Elizabeth Neville, Town Clerk (w/encl.) NewWind Energy® Purchase Agreement This Agreement is between Community Energy, Inc. ("CEI"), and Town of Southold Customer Information Address: PO Box 1179, Southold, NY11971-0959 Contact Joshua Horton Telephone: 631-765-1889 Utility Information Electric Utility: LIPA Competitive Electric Supplier (if applicable): Wind Purchase Information Initial Term: 5 years Annual Wind Energy Purchased: 807,263 Wind Energy Price: 1.5 Cents/kWh Payment Information Direct Bill: X Monthly or Credit Card (billed monthly) Card Type: Card Number: NewWind Enerq¥® Lo.qo License Options ("Custome¢'). E- mail: Joshua. Horton~,town.southo!d.n¥.us Fax: Utility Account No.: 961-38-2400-4-7 CEI Representative: Keith Start Date: July 15, 2004 kWh Percent of total kwh usage: 100 %" Total Annual Contract Amount: $12,109.00 Expiration Date: Please check if interested in using the NewWind Energy® logo on your letterhead, website or product label. Please see the appropriate section for additional terms and conditions. X Customer letterhead or website use (see Section 9 for more information) RECITALS The Customer desires to support wind-generated electricity delivered to the electric grid control region of the New York Independent System Operator (the "NYISO Grid"); The Customer facilities are located within the etectdc grid control region of the NYISO Grid; NYSEG under agreement with CEI markets wind-generation production certificates for electricity delivered to the NY[SO Grid ("NY Wind Supply"); AGREEMENT NOW, THEREFORE, in consideration of their mutual promises the parties agree as follows. Term. The contract will be automatically extended for additional 12 month terms after the Iniga] Term unless cancelled by either party prior to the end of the Initial Term or such additional term. NY Wind Supply Allotment. Community Energy agrees to arrange delivery of NY Wind Supply to the NYISO Grid on Customer's behaif in the total amount not to exceed the NY Wind Supply Allotment of kilowatt hours (kWh) during the calendar year(s) of the contract year(s), subject to reduction by reason of wind-generated electricity availability limitations during a given period (the "Wind Energy Allotment"). For contracts signed during the first quarter of the 'ye~t, wiffd ~,llotment can begin in the preceding quarter. 3. Wind Enerov Premium. 3.1 Premium Amount. Customer agrees to pay to CEI a wind energy premium, set forth above, per kilowatt hour i~er each kilo~vatt hour of the NY Wind Supply Allotment. 3.2 Payments. Subject to annual true-up pursuant to section 3.3 below, Customer shall make payments to Community Energy payable within 30 days of CEI issuing a bill, beginning with the month fallowing commencement of the Term. 3,3 True-Up. At the conclusion of every calendar year, CEI shall complete a reconciliation of the amount of NY Wind Supply Premium paid by Customer during the period compared to the number of kilowatt hours of NY Wind Supply delivered during the previous year. 3.3.1 In the event the amount of Premium payments by Customer dudng the previous Contract Year is greater than the amount due based on the actual amount of the Wind Supply Allotment delivered during the same Contract Year, the difference shall be paid to Customer, or at the option of Customer credited against the next payment. 3.3.2 In the event the amount of Premium payments by Customer during any Contract Year is less than the amount due based on the actual amount of the Wind Supply AIIotmect during the same Contract Year, the difference shall be paid to CEI, provided that in no event shall Customer be obligated to pay over the 12 month term of the contract payments exceeding the total contract amount. Environmental Credits and Value. All environmental value and credits, to the extent such credits arise or exist~ resulting fram or associated with the wind-generated electricity delivered to meet bhe Wind Energy Allotment, upon payment of the associated wind energy premium, shall accrue to and be assigned exclusively to Customer. Enerqy Commodity Value. The energy commodity value recovered from the sale of wind-generated electricity to the NYISO Grid shall be recovered by the power wholesaler, and Customer shall have no rights or obligations with respect to the energy commodity. Certification of Wind Energy Delivery. On an annual basis, CEI shall provide to Customer a Certificate of wind- generation production, specifying the amount in megawatt houm of wind-generated electricity delivered to the NYISO Gdd to meet the Wind Energy Allotment under this Agreement for the calendar year. The verification, accounting and audit standards used to provide the Certificate shall be in accordance with The Center for Resource Solutions "Green E Standards". 2 December 2003 Conversion Transaction. CEI will provide the oustomer's electric energy supplier the rights to perform Conversion Transac~ons for the Wind Energy Supply Ailotment, through, a process administered by the New York State Public Service Commission. If your retail electric energy supp.lier dc~s not acceptthese Conversion Traesactions rights, New York State PSC rules may preclude the issuance of cer'dficates for the wind energy provided to the grid for this contract. Early Term[nation. In the event of regulato~ changes, legislative decisions, or other market changes that require CEI to discontinue its offer of NewWind Energy to Customer, or require the Customer to cease its purchases under this contract, this contract may be terminated on fffirty (30) days notice by either CE[ or Customer. In the eyent the amount of Wind Energy Premium paymenfs by' Customer at that time is greater than the amount due based on the actual amount of the Wind Energy AlI0tment during the same period, the difference shall be refunded to the Customer. NewW nd Enerqy® Loqo L cense for Customer Letterhead or Website. If Customer has elected this provision, Customer must purchase NewWind Energy® equal to at least 5% of the electrical energy used at customer's location or $10 per month. For the term of this Agreement, CEI grants a limited right and license to use the words, "NewWind Energy®,'' (the "mark"), which, if exercised by Customer, shall be used Jn the format and with and the brand logo and identification words from Community Energy lnc. on the letterhead or website of the company. Subject to pdor approval, CEI will allow the use of .the .name Community' Energy in descriptive information. The !icense in the mark and logo and permission to use the name Community Energy Inc. shall terminate upon conclusion of the agreement to purchase NewWind Energy®. CEI reserves the right to audit energy ,;se to verify that NewWind Energy® purchase criteria required for granting this license is being met. 10. Contact Information; Community Energy 150 Stratford Avenue Wayne, PA 19087 1-866-WIND-123 C ustome~,,~'. T o>z~/o F sou~o~,~ Title: ~r ~ ~ o ~ Community Energy Print: Title: Date: 3 December2003