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HomeMy WebLinkAbout14-7 Resolution No. 14-7 RESOLUTION RATIFYING THE EXECUTION OF AN ASSIGNMENT OF LICENSE AGREEMENT BETWEEN AMEREN ENERGY GENERATING COMPANY AND AMERENENERGY MEDINA VALLEY COGEN, LLC, AND AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF LICENSE AGREEMENT BETWEEN AMERENENERGY MEDINA VALLEY COGEN, LLC, AND MAIN LINE GENERATION, LLC BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an assignment of a license agreement, dated April 8, 2002, from Ameren Energy Generating Company to AmerenEnergy Medina Valley Cogen, LLC, for the maintenance of a gas main in and across Spaulding Road, by Christopher J. Beck, Assistant Corporation Counsel, a copy of which is attached hereto and made a part hereof by reference; BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an assignment of the aforesaid license agreement from AmerenEnergy Medina Valley Cogen, LLC, to Main Line Generation, LLC, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 22, 2014 Adopted: January 22, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk �Amer�en Ameren Services ................*....... September 10, 2013 Mr. Chris Beck,Attorney City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mr. Beck: License Agreement Dated April 8,2002,between City of Elgin ("Licensor")and Ameren Energy Development Company("Licensor"); and Assignment of License Agreement dated January 27,2003,between Ameren Energy Development Company and Ameren Energy Generating Company (Attached) Ameren Energy Generating Company("AEG") is currently in the process of transferring the Elgin Energy Center("Elgin")to its affiliate,AmerenEnergy Medina Valley Cogen, L.L.C. ("Medina Valley"), including the above referenced License Agreement dated April 8,2002, and subsequent Assignment dated January 27, 200 ("License"). The transfer of Elgin is expected to be completed on or around October 1, 2013 ("Closing Date"). In accordance with paragraph 9 of the License, AEG hereby notifies you of its intent to assign the License to its affiliate Medina Valley as of the Closing Date and respectfully requests your acknowledgement of such assignment by executing a copy of this letter as indicated below and returning it to our attention. We greatly appreciate your attention to this matter. If you have any questions or comments with respect to the transfer of the Contract to Medina Valley,please do not hesitate to contact me at 314-554-2249. truly yours, Barbara S. Skitt Managing Supervisor, Real Estate BSS/rst Attachment AGREE AND CONSENTED TO THIS 11 DAY OF 2013. By: Name: Title: ksst. 1901 Chouteau Avenue ............... St.Louis,MO 63166-6149 Arneren.corn ............. PO Box 66149 %Ameren Ameren Services December 18, 2013 Mr. Chris Beck, Attorney City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mr. Beck: License Agreement,Dated April 8,2002,Between City of Elgin and Ameren Energy Development Company; and Assignment of Easements and Other Real Property Rights,Recorded October 17,2013,Between Ameren Energy Generating Company and AmerenEnergy Medina Valley Cogen,L.L.C. (Attached) Pursuant to that certain Asset Purchase Agreement, dated as of September 30,2013, as amended(the "Purchase Agreement"), by and between AmerenEnergy Medina Valley Cogen, L.L.C., an Illinois limited liability company("Medina Valley"), and Main Line Generation, LLC, a Delaware limited liability company ("Main Line"), Medina Valley is currently in the process of transferring some of its assets, including the above referenced License Agreement,to Elgin Energy Center, LLC, a Delaware limited liability company and designated affiliate of Main Line("Elgin"). In accordance with the terms of the License Agreement, Medina Valley hereby notifies you of its intent to transfer the License Agreement to Elgin, effective as of the closing of the transactions contemplated by the Purchase Agreement, and respectfully requests your consent to such assignment by executing a copy of this letter as indicated below and returning it to our attention. We greatly appreciate your attention to this matter. If you have any questions or comments with respect to the transfer of the License Agreement to Elgin, please do not hesitate to contact me at 314-554-2249. Very truly yours, Barbara S. Skitt Managing Supervisor, Real Estate BSS/rst Attachment AGREED ONSENT TO THIS 22ndDAY OF January , 2014 By: Name: Sean R. Stegail4Z Title: City Manager 1901 Chouteau Avenue St.Louis MO 63166-6149 Ameren.com PO Box 66149