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HomeMy WebLinkAboutAgreement - SolarCity Corporation - Second Amendment to Solar Services Agreement (Commercial CA) (Small System) - Signed 2017-09-14„.664 IiV olarCity. Second Amendment to Solar Services Agreement (Commercial CA) (Small System) Purchaser: Seller: Name and Address South County Regional Wastewater Authority 1500 Southside Dr. Gilroy, CA 95020 Attention: Saeid Vaziry, Environmental Programs Manager Name and Address SolarCity Corporation 3055 Clearview Way San Mateo, CA 94402 Attention: Legal Department Phone (408)848-0482 Phone (650)638-I028 eid.vaziryQci.gilmy.ca.0 -mail Xomraets@solarcity.com Facility Ow uershi Purchaser owns the Facility Contractor's License Number CA: CSLB 888104 Tax Status Non -Profit Project Name SCRWA Solar Project This Amendment (the "Amendment”) is to that certain Solar Power Services Agreement dated February 26, 2016, as amended on February 2, 2017 (collectively, the "Agreement") between SolarCity Corporation ("Seller") and South County Regional Wastewater Authority (the "Purchaser") for SCRWA Solar Project, is hereby amended effective when executed by the Parties below as follows: Exhibit 2, System Description, Delivery Point and Premises is replaced in its entirety with the attached Exhibit 21 System Description, Delivery Point and Premises. Exhibit 5, Termination Payment Schedule is replaced in its entirety with the attached Exhibit 6, Termination Payment Schedule. If a conflict or inconsistency arises between the provisions of this Second Amendment and the Agreement, the provisions of this Second Amendment shall prevail. South County Regional Wastewater Authority Signature: PrintedName:Cna,�'itQ.( �'C- �O(I�ZQ.-�Z Title: Date: CA (\ I, t( 11 7 SolarCity Signature: Printed No Title: VI , cDmmerc;A SAiec , {finefi[gs Date: *V� I R i 2O Il Exhibit 2 System Description, Delivery Point and Premises 1. System Location: 1500 Southside Dr, Gilroy, California 95020 2. Solar Panel System Size (DC kW): 189.000 3. Expected System Operator through Commercial Operation Date: SolarCity 4. Expected Modules: Canadian Solar: CS6U-315P 5. Expected Inverters: Huawei Technologies: SUN2000-25KTL-US -------6r--Expected- First -Year Energy -Production -(kWh):-304,-707-------- ----- 7. Expected Structure: Ground Mount with a fixed -tilt racking system 8. Includes: Installation of a solar energy system (includes: design, engineering, permitting, site preparation mowing and weed abatement for insolation purposes, installation, utility interconnection including any necessary upgrades, monitoring, commissioning, rebate application and paperwork processing for solar energy system), prevailing wage construction, payment and performance bonds. 9. Excludes: Unforeseen groundwork (including, but not limited to, excavation/circumvention of unexpected underground obstacles), repair to customer or utility electrical infrastructure if and to the extent required due to poor condition of existing equipment, tree removal, tree trimming, and floodplain defense, mitigation and management measures, if required by permitting agencies. 10. Delivery Point and License Area: The following image contains the: (i) Facility. "Facility" means the existing Purchaser facility, not including the open space lot (being an approximately 8-acre portion of the NE corner of APN 841-29-033) upon which the System will be installed (the "Premises"); (ii) System/array; (iii) Delivery Point; and (iii) access points needed for Seller to install and service System (bldg access, electrical room, stairs etc.) I I I — 77— Tim- Q _b \ �r SIIA SPA q r '�T a Exhibit 5 The Termination Payment with respect to Termination for Government Convenience, as set forth in Section 3(c), or Purchaser Default, as set forth in Section 12(b)(3)(A), shall be as set forth below: If Termination Early Termination Fee Occurs in Year: (including cost of removal) 1 $781,333 2 $688,856 3 $567,184 4 $470,633 -- -- - - -- ----5 ------—$388,943 -- --- 6 $305,584 7 $278,786 8 $263,749 9 $248,105 10 $231,823 11 $214,870 12 $197,212 13 $178,813 14 $159,636 15 $139,640 16 $118,784 17 $97,025 18 $74,317 19 $50,610 20 $25,856