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HomeMy WebLinkAboutC16-224 Clean Energy CollectiveFIRST AMENDMENT TO CLEAN ENERGY COLLECTIVE SUBSCRIPTION SERVICE AGREEMENT THIS FIRST AMENDMENT ("First Amendment") is effective as of the 14th day of June, 2016, by and between Clean Energy Collective, LLC, (hereinafter "CEC" or "Consultant") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County and CEC entered into a Solar Subscription Service Agreement dated on or about April 28, 2015, for certain subscription services (the "Original Agreement"); and WHEREAS, County has entered into a certain Solar Interest Purchase Agreement with CEC Solar #1 1 13, LLC, anaffrliate of CEC effective June 14, 2016 ("SIP A2"), and desire to receive the same Services as set forth in the Original Agreement for this solar project; and WHEREAS, County and CEC desire by this First Amendment to expand the scope of Services as set forth in the Original Agreement. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended such that the Service and Services to be supplied under the Original Agreement shall be extended, at no additional cost and on the same terms and conditions as in the Original Agreement, to County in connection with the SIPA. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govem and control the rights and obligations of the parties. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 2. 3. 4. C16-224 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COI.INTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD oF COLTNTY COMMISSIONERS Attest: ev' (.0. Teak J. Simonton, Clerk to the Board CONSULTANT: Clean Energy Collective, LLC Print Name: Paul Spencer Title: CEO