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HomeMy WebLinkAboutFFP BTM Solar, LLC - Amdnt to Agrmt - 4-14-2023LIUUUJIIJ.II CI IVCIUf1C ILI. GCDI 100'+-lJ0l,D-+ I D I-F1JLD-L/r UUl. IrrJCMC AMENDMENT TO ENERGY SERVICES AGREEMENT — SOLAR NORTHEAST SURFACE WATER TREATMENT FACILITY Date: April 14 , 2023 Reference: Reference is hereby made to the following agreement (Agreement): Energy Services Agreement — Solar (Northeast Surface Water Treatment Plant), dated June 25, 2020, between FFP BTM Solar, LLC (Provider) and City of Fresno (Purchaser) Premises: Assessor's Parcel Numbers: 578-020-06T, 578-020-19T, 578-020-20T Purchaser: City of Fresno, a California Municipal Corporation Provider: FFP BTM Solar, LLC., a Delaware limited liability company Definitions: Capitalized terms not otherwise defined herein shall have the meaning ascribed to such term in the Agreement. Background: On June 25, 2020, the Parties entered into an Energy Services Agreement - Solar, Northeast Surface Water Treatment Plant, for the installation and operation of a solar photovoltaic system at the Premises for the purpose of providing Energy Services. Council authorized the Director of Public Utilities, or designee, to approve any changes to the Power Purchase Agreement rates and energy storage system size, up to the maximum amount authorized in the Agreement. kWh Rate: Pursuant to Schedule 2 of the Agreement, for any interconnection upgrades and/or scope changes necessary for the System, the kWh Rate shall increase by a certain amount (depending on the circumstances described in Schedule 2), not to exceed a maximum kWh Rate increase set forth therein. As has been previously discussed with Purchaser, the System has incurred interconnection and scope change costs, and pursuant to Schedule 2, such costs increase the kWh Rate in the aggregate by $0.0478 which does not exceed the maximum kWh Rate increase set forth therein. Page 1 of 3 UUI:UJIIY.II CI IVCIUYIU. CCD/ IJ04-IJOI,DW f D I-MJGD-Ur-UU%, I rrJCMC As provided in the Agreement, Purchaser and Provider desire to modify the kWh Rate ($/kWh) set forth in Schedule 2. Therefore, the PPA Rate Table in Schedule 2 shall be replaced, in its entirety, with the below table reflecting the increased kWh Rate ($/kWh): PPA Rate Table Term Year kWh Rate Term ($/kWh) Year I $0.1304 11 kWh Rate ($/kWh) 1 $0.1304 2 $0.1304 12 J $0.1304 3 $0.1304 13 $0.1304 4 $0.1304 14 $0.1304 5 $0.1304 15 $0.1304 6 $0.1304 16 $0.1304 7 $0.1304 17 $0.1304 g $0.1304 18 $0.1304 g $0.1304 19 $0.1304 10 $0.1304 20 $0.1304 [signature page follows] UUUUJ11J,1I CI Ivulu./C IL/. CCD/ IJO'4-l.Ol+D-'4 l D I-%JGD-L/r UUl. I rrJC/1C PURCHASER CITY OF FRESNO, a California municipal corporation ocuSigned by: By: '7D.Z 7ru8feYY'."9 6he, Director Department of Public Utilities APPROVED AS TO FORM: ANDREW JANZ City AqLr e,%by: By: �t,Inln,'�r QK; Ada.UA 4/14/2023 Jenne er . QuintaniIIa Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk_ DozuSlgned by: By: -ram ybw 4/14/2023 epu y Date Tina M Your PROVIDER FFP BTM Solar, LLC., a Delaware limited liabilit comIDany DocuSign by: By: NLIG6d �VK& Name: Michael smith Title: President (If corporation or LLC., CFO, Treasurer, �.Egret�ty or Assistant Secretary) ocu Igne rr t By: Kristin Frooshani Name: Title: secretary (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) REVIEWED BY: pacu5igned by: �sf�w �v'ees1A.A�n.i CDF5428dgE43QCE. Page 3 of 3 VUUU0J 1I CI IVU1UPW IU. Cr-DI 1J01+-%,OUD-YI D I-MJGD-Vruv%, IrroC/1C OMNIBUS WRITTEN CONSENT APPOINTING OFFICERS March 1, 2021 Appointment of Officers WHEREAS, each company listed as a parent on the left side of Annex A hereto (each, a "Parent" and, collectively, the "Parents") is the sole Member or sole managing Member, as applicable, of each of the companies listed as its subsidiary on the right side of Annex A hereto (each, a "Subsidiary" and collectively, the "Subsidiaries"); and WHEREAS, each Parent deems it advisable for each of its Subsidiaries listed on Annex A to update its officer appointments to appoint the people indicated to the positions set forth on Table 1. NOW, THEREFORE, BE IT RESOLVED as follows: RESOLVED, that: (a) each Parent that is the sole Member or sole managing Member, as applicable, of any Subsidiary listed on Annex A hereto; and (b) each Parent that owns a majority of the equity interests of any Subsidiary listed on Annex A hereto, does hereby for each such Subsidiary listed on Annex A, appoint the people indicated to the positions set forth on Table 1; RESOLVED, that each Parent confirms the appointment of the other officers listed in Table 1 below to the respective positions set forth opposite their names, which appointments shall supersede all prior appointments of officers; RESOLVED, that all acts and things heretofore done by any Parent, Subsidiary or person, including any of the respective officers, directors, and employees of any such Parent or Subsidiary, with respect to the foregoing matters, or in reliance on the effectiveness of the foregoing resolutions, or which would have been authorized had these resolutions been in effect at the time of such act or other thing, are hereby ratified, confirmed and approved in all respects. TABLE 1 Name Title Michael Smith President Yumitake Furukawa Vice President Kristin Frooshani Secretary By: � l Michael Smith, Authorized Representative for each of the following companies, which include all Parents listed on Annex A hereto: L/UUU,Dl l I CI IVCIUP" IU. CCU! I J04-IJ OlJ D-'F! D I-MJLD-L/r UU%- I rrJCMC ANNEX A PARENT I SUBSIDIARY Forefront Power, LLC L/UUU,DlylI CIIVCIUpu IU. GCDI I00'#-%�0l.,OW! D I-/1JLD-L/rUUI.. IrrJCMC