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 $0.0478 which does not exceed the maximum kWh
Rate increase set forth therein.
Page 1 of 3
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As provided in the Agreement, Purchaser and Provider desire to
modify the kWh Rate ($/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]
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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
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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
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