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Home My WebLink AboutC14-006 Energy Smart Partners, LLC First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND ENERGY SMART PARTNERS,LLC FOR ADMINISTERING AN ENERGY EFFICIENCY AND RENEWABLE ENERGY REVOLVING LOAN FUND PROGRAM ,111\1041,i� This First Amendment (this "First Amendment") is entered into the day of ,.2211 by and between EnergySmart Partners, LLC ("ESP"), a Colorado limited liability mpan)r, a wholly owned subsidiary of Funding Partners for Housing Solutions,Inc.,a non-profit organization certified by the United States Department of Treasury CDFI as a community development financial institution ("CDFI") as Loan Fund Administrator, and the County of Eagle, State of Colorado ("County"), a body corporate and politic by and through its Board of County Commissioners. WHEREAS, ESP and County are parties to an Agreement for Administering an Energy Efficiency and Renewable Energy Revolving Loan Fund Program dated June 11, 2012 ("Agreement");and WHEREAS, the County, together with sub-awardees, Pitkin County and Gunnison County, Colorado received a grant of funds from the department of energy for, among other programs, the establishment of a Revolving Loan Fund to facilitate construction projects within these counties to make the borrowers' homes more energy efficient, and to create "green" construction jobs;and WHEREAS, the County, together with -sub-awardees Pitkin and Gunnison County, Colorado desire to expand the Revolving Loan Functitto allow residents of„Lake County, Colorado to access the Program as more fully set forth in tie document entitled endlo Memorandum of Understanding(Lake County)by and,bc„the Ciunties Gunnison, Colorado (hereinafter the "Atkended 'MOU”) which is attached hereto and incorporated in the Agreement as Exhibit K. 'a 4' NOW, THEREFORE, in consideration for the monies to be received, the covenants and conditions set forth in the Agreement and this First Amendment,and for other good and valuable consideration,the sufficiency of which is hereby acknowledged,ESP and County agree to amend the Agreement as follows: 1. Terms. Capitalized terms in this First Amendment will have the same meaning as in the Agreement. To the extent that the terms and provisions of the First Amendment conflict with modify or supplement portions of the Agreement, the terms and provisions contained in the First Amendment shall govern and control the rights and obligations of the patties. 2. Addition of Exhibit K. The Amended MOU is attached hereto and is hereby incorporated into the Agreement as Exhibit K. The Amended MOU expands the Program to allow residents of Lake County, Colorado to access up to no more than fifty thousand dollars($50,000)on the terms and conditions set forth in the Amended MOU. All Program guidelines, accountability and compliance provisions previously established shall remain in effect with regard to the geographic expansion of the Program. 3. Participation by residents of Lake County, Colorado in the Program may be terminated as set forth in the Amended MOU. IN W ESS WHEREOF, this First Amendment is executed as of the 7day of V , 2014- EnergySmart Partners, C a Colorad9.11mited li: • ity company By . IA .1[ /4/1---- Joe R• an, x; tive Director Fun•ing Partners for Housing Solutions,Inc. As its Member/Manager Eagle County,Colorado, By its Board of County Commissioners By: ja Attest: a �+cFC Sara J.Fisher, airman faibir Teak S monton, Cl;r. to the Board " * rbt• * 1 i -z STAT; OF COLORADO ) ) ss. COUNTY OF LA.' m r• ) The foregoing at°Y,• i ent was acknowledged before me this r7 day of 201,3, •y Joe Rowan, Executive Director Funding Partners for Housing • uti. s, •'.as member/manager of Energy Smart Partners,LLC. WITNESS my hand and official seal. SUSAN H.MURPHREE NOTARY PUBLIC STATE OF COLORADO My commission expires: _ / 7 - / 7 NOTARY ID 20134058966 MY COMMISSION E IRES SEPTEMBER 17,2017 Notary Public/' Ex A,- 6;-( AMENDMENT TO MEMORANDUM OF UNDERSTANDING (LAKE COUNTY) THIS AMENDMENT TO MEMORANDUM OF UNDERSTANDING("Lake County Amendment")is hereby entered into by and between Eagle County,Colorado, Pitkin County, Colorado and Gunnison County, Colorado(collectively,the Counties). WHEREAS,the Counties entered into a Memorandum of Understanding dated on or about April 11,2012 ("MOU")to establish the relationship of the Counties concerning a revolving loan fund("RLF")to provide financing for energy efficiency home improvements for residents of the three Counties;and WHEREAS,the RLF was established by the Counties using grant proceeds from the Unites States Department of Energy("Grant"); and WHEREAS,one of the goals of the Grant is to create a program which can be utilized by other jurisdictions in achieving common energy efficiency goals;and WHEREAS,the Department of Energy has authorized the Counties to utilize Grant funds deposited in.the RLF for citizens of other jurisdictions; and WHEREAS,Cloud City Conservation Center, a Colorado non-profit corporation ("C4") has been provided with seed money from Lake County, Colorado and is working to establish programs concerning energy efficiency in Lake County, Colorado;and WHEREAS,C4 desires to implement the energy efficiency program developed under the Grant(the"Energy Smart Program") for residents of Lake County including access to the RLF for residential energy efficient improvements as set forth herein; and WHEREAS,the Counties desire to amend their MOU to allow residents of Lake County, Colorado to participate in the RLF on the terms and conditions set forth herein; and WHEREAS,the Counties agree to create and utilize Energy Smart Colorado, Inc., a Colorado nonprofit corporation(Energy Smart)to administer, in part,the Energy Smart program, including,without limitation the RLF.The terms and conditions for administration of the RLF by Energy Smart shall be set forth in a separate agreement between the Counties and Energy Smart. NOW THEREFORE,the Counties agree to amend the MOU as follows: 1. Eagle County, Colorado is hereby authorized to amend the agreement between Eagle County and Energy Smart Partners LLC dated June 11,2012(the "Revolving Loan Fund Agreement")which governs administration of the RLF to allow residents of Lake County,Colorado to access up to no more than fifty thousand dollars ($50,000)of the RLF for residential energy efficient Memorandum of Understanding Page 1 of 3 9 improvements on the terms and conditions set forth herein and in accordance with the Revolving Loan Fund Agreement. 2. C4 shall enter into an agreement with Energy Smart to implement the Energy Smart Program in Lake County, Colorado. That agreement shall require C4 to adhere to the Energy Smart Program requirements as may be amended from time to time. 3. The RLF shall remain a pooled fund for common use and equal access by the Counties and shall not be divided or segregated among the Counties. 4. Up to no more than fifty thousand dollars($50,000)of the RLF may be made available to residents of Lake County, Colorado for residential energy efficient improvements but such funds are not restricted for use by Lake County residents alone and may be accessed by residents of the Counties.There is no warranty or guarantee that all or a portion of the$50,000 will be available for residents of Lake County as the RLF is available on a first come,first served basis. 5. Upon execution, this Lake County Amendment shall be provided to Energy Smart Partners LLC and shall constitute notice of a change in Program Criteria as set forth in paragraph 4 of the Revolving Loan Fund Agreement. 6. The Counties,or Energy Smart acting on their behalf,may terminate the right of Lake County residents to access the RLF,with or without cause and for any reason without penalty upon thirty(30)days advance written notice to C4 and Energy Smart Partners LLC. f�� J F.S6� , C airman agle County Board of County missioners Attest: Teak Simonton, Cl'rk to the Boar. .1°90 10?" 41101110 0-..ev:TE "it- , Ch. rman Pitkin County Board of Cou Commissioners Attest: Memorandum of Understanding Page 2 of 3 , 4 • ,Clerk to the Board ° ,J _~ Chairman Gunnison County Board of County Commissioners Attest: '' A i,,,e- i-lev:, ;,�,,, Clerk to the Board • Memorandum of Understanding Page 3 of 3