HomeMy WebLinkAboutAgreement - Tesla Energy Operations, Inc. - Third Amendment to Solar Power Purchase Agreement (Commercial CA) (Large System) - Signed 2019-09-06Third Amendment to
Solar Power Purchase Agreement (Commercial CA) (Large System)
Purchaser:
Seller:
Name
South County Regional Wastewater Authority
Name
Tesle Energy Operations, Inc.
and
1500 Southside Dr,
and
formerly SolarCity Corporation
Address
Gilroy, CA95020
Address
6800 Dumbarton Circle
Attention: Saeid Vaziry, Environmental Programs
Fremont, CA 94555
Manager
Attention: Legal Department
Phone
(408) 848-0482
Phone
(650) 638-1028
E-mail
Saeid.vaziry@ci.gilroy.ca.us
E-mail
EnergyContracts@tesla.com
Facility Ownership
Purchaser owns the Facility
Contractor's License Number
CA:CSLB 888104
Tax Status
Non -Profit
Project Name
SCRWA Solar Project with Demand Logic
The Solar Power Purchase Agreement dated February26, 2016, as amended on February 2, 2017, and August 18, 2017 (collectively,
the "Agreement"), between Tesla Energy Operations, Inc. formerly SolarCity Corporation (the "Seller") and South County Regional
Wastewater Authority (the "Purchaser") for SCRWA Solar Project with Demand Logic is hereby amended, effective when executed
by the Parties below, as follows:
Exhibit 1, Section 7, Outside Commercial Operation Date is replaced with the following:
7. Outside Commercial Operation Date: October 7, 2018
Exhibit4, Section 3, Monthly Services Charge is replaced with the following:
3) Monthly Services Charge. Purchaser shall pay seller a fixed monthly fee of $1,416.00 for the storage services throughout
the storage services term. The fixed monthly fee has been modified downward to reflect the SGIP step 2 incentive that Tesla
has received for this project.
Exhibit 6, 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 Third Amendment and the Agreement, the provisions of this Third
Amendment shall prevail.
South County Regional Wastewater Authority
Signature:
Printed Name: Gd.b66 A. 6-1M2-&ALz.
Title:�V�j
Date: �� I
Tesle Energy Operations, Inc.
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Signature: John C. Madden (Sep 6, 201%
Printed Name: John Madden
Title: Attorney -in -Fact
Date: Sep 6, 2019
Exhibit 6
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:
(incluchng costs of removal)
1
$4,967,982
2
$4,380,297
3
$3,608,802
4
$2,995,409
5
$2,475,532
6
$1,945,113
7
$1,770,699
8
$1,670,280
9
$1,566,002
10
$1,457,669
11
$1,345,074
12
$1,234,887
13
$1,119,994
14
$1,000,154
15
$875,116
16
$744,617
17
$608,378
18
$466,111
19
$317,508
20
$162,250