2016.05.16 CC Packet - Laserfiche WebLink

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SOLAR GARDEN SUBSCRIPTION AGREEMENT This Solar Garden Subscription Agreement ("Agreement") is entered into as of the day of , 20 (the "Effective Date') by and between Argo Navis CSG1, LLC, a Delaware limited liability company ("ANCSGI"), and the City of Hugo, a Minnesota statutory city (the "Subscriber"). In this Agreement, ANCSGI and Subscriber are sometimes referred to individually as a "Party" and collectively as the "Parties." RECITALS A. ANCSGI intends to develop, operate and maintain a photovoltaic generation facility qualified as a "Community Solar Garden" pursuant to Minn. Stat. 216B.1641 ("CSG Program") to be located at 21205 St. Croix Trail N, Scandia, MN 55073 (the "Facility") and has entered or will enter into a Standard Contract for Solar Rewards Community ("CSG Contract) with the local electric distribution company (the "LDC"). The designed capacity of the Facility shall be approximately 1,000 kWAc (1,279 kWnc) (subject to adjustment as described herein, the "Facility Capacity"); B. The energy produced by the Facility will be delivered by ANCSGI via interconnection of the Facility to the electric grid, to the LDC, which will calculate the monetary value of the energy received from the Facility per applicable utility tariff and convert that amount into credits per kilowatt hour (the "Bill Credit Rate" as defined in the CSG Contract) on the bills from LDC to the subscribers of ANCSGI ("Credits"); C. ANCSGI will, in accordance with the terms hereof, and through the administrative process established by the LDC as approved by the Minnesota Public Utilities Commission ("MPUC"), allocate and sell the right to receive Credits to its subscribers according to their respective Allocations (as defined below); D. Subscriber is an LDC customer (Premise. No. 303052875 and desires to purchase Credits from ANCSGI in proportion to its expected consumption of electricity at 6900 137th Street N, Hugo, MN 55038 ("Customer Site"). NOW, THEREFORE, in consideration of the foregoing recitals, the mutual premises, representations, warranties, covenants, conditions herein contained, and the Exhibits attached hereto, Subscriber and ANCSGI agree as follows. 1. Term. The term of this Agreement shall commence on the Effective Date, and, unless terminated earlier pursuant to the provisions hereof, shall terminate on the 25th anniversary of the Commercial Operation Date (as defined below) (the "Term'). The Term shall not be extended by virtue of any period of disconnection or event of Force Majeure experienced by the Facility. 2. Operation of the Facility. a. ANCSGI shall operate the Facility during the Term so as to deliver all energy generated by the Facility to LDC in accordance with the CSG Contract and applicable LDC tariffs.