HomeMy WebLinkAboutAgreement A-22-394 Amendment No. 2 to ESA-Solar.pdf Agreement No. 22-394
AMENDMENT NO. 2 TO
ENERGY SERVICES AGREEMENT—SOLAR
(FRESNO COUNTY-JUVENILE JUSTICE CAMPUS)
This Amendment No. 2 to Energy Services Agreement — Solar (this "Amendment") is
entered into as of September 6th , 2022, and is by and between FFP Fund III Lessee12, LLC
(as successor-in-interest to FFP BTM Solar, LLC), a Delaware limited liability company
("ForeFront Power"),and the County of Fresno, apolitical subdivision of the State of California
("Purchaser"). In this Amendment, ForeFront Power and Purchaser are sometimes referred to
individually as a "Party" and collectively as the "Parties." Terms not otherwise defined herein
shall have the meanings set forth in the Original Agreement.
RECITALS
WHEREAS,the Parties entered into that certain Energy Services Agreement—Solar dated
February 4,2020, and as amended on July 13,2021 (as amended, the"Original Agreement"); and
WHEREAS, pursuant to Section 2 "Initial Term" of the Special Conditions, the Parties
agreed to an Initial Term.
NOW,THEREFORE,in consideration of the foregoing recitals,and the mutual promises,
representations, warranties, covenants, conditions herein contained, the Original Agreement is
amended as follows.
1. Amendment. Section 2 of the Special Conditions (Initial Term) is hereby amended by
deleting the phrase"Twenty(20)years from the Commercial Operation Date"and replacing it
with "Twenty(20)years and Ninety (90) days from the Commercial Operation Date".
2. Status of Original Agreement. All provisions of the Original Agreement that are not expressly
amended by this Amendment shall continue in full force and effect.
3. Counterparts. This Amendment may be executed in counterparts, each of which shall be
deemed an original and all of which shall constitute one and the same agreement.
4. Severability. Whenever possible, each provision of this Amendment shall be interpreted in
such manner as to be effective and valid under applicable law, but if any provision of this
Amendment shall be prohibited by or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity, without invalidating the remainder
of such provision or the remaining provisions of this Amendment.
5. Governing Law. THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE
PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, INCLUDING
ALL MATTERS OF CONSTRUCTION, VALIDITY AND PERFORMANCE.
6. Successors and Assigns. This Amendment shall be binding upon and shall inure to the benefit
of the Parties hereto and their respective successors and assigns.
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IN WITNESS WHEREOF,the Parties have caused this Amendment to be executed by
their respective duly authorized representatives on the date hereof.
FOREFRONT POWER: COUNTY OF FRESNO
FFP Fund III Lesseel2,LLC
By:
0. PL,
Name: Michael Smith Brian Pacheco, Chairman of the
Title: President Board of Supervisors of the County
of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By:
Deputy
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