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HomeMy WebLinkAboutC17-199 EnergySmart Partners LLCTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO
AND ENERGYSMART PARTNERS, LLC FOR ADMINISTERING AN ENERGY
EFFICIENCY AND RENEWABLE ENERGY REVOLVING LOAN FUND PROGRAM
THIS THIRD AMENDMENT ("Third Amendment") is executed on 06/13/2017 and
effective as of June 11, 2017 by and between EnergySmart Partners, LLC ("ESP") a Colorado
limited liability corporation, a wholly owned subsidiary of Funding Partners for Housing
Solutions, Inc., a non-profit organization certified by the United States Treasury as a Community
Development Financing Institution ("CDFI") as Loan Fund Administrator, and the County of
Eagle, Colorado ("County"), a body corporate and politic by and through its Board of County
Commissioners.
RECITALS
WHEREAS, County and ESP are parties to an Agreement for Administering and Energy
Efficiency and Renewable Energy Loan Fund Program dated the 11th day of June, 2012, for
certain Services (the "Original Agreement"); and
WHEREAS, County and ESP entered into a First Amendment to the Agreement to allow
residents of Lake County to participate in the program on If" day of November, 2013 (the "First
Amendment"); and
WHEREAS, County and ESP entered into a Second Amendment to the Agreement to allow
additional expansion and access to the Energy Smart Program on 28t11 day of July, 2015 (the
"Second Amendment"); and
WHEREAS, the term of the Original Agreement, the First Amendment and the Second
Amendment (collectively referred to as the "Agreement") expire on the 11th day of June, 2017,
and the parties desire to extend the term for an additional year.
911:11;7117►►1 0►1 R7 k 101641ll
NOW THEREFORE, in consideration for the monies to be received, the covenants and
conditions set forth in the Agreement and this Third 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 Third Amendment will have the same meaning as in
the Agreement. To the extent that the terms and provisions of the Third Amendment
conflict with modify or supplement portions of the Agreement, the terms and
provisions contained in the Third Amendment shall govern and control the rights and
obligations of the parties.
C17-199
2. The term of the Agreement is hereby extended to June 11, 2018.
3. ESP Compensation: Paragraph 2 of the Original Agreement shall be replaced with
the following language:
For the above described activities, ESP shall receive from the borrowers a
onetime non-refundable fee in the amount of $25 which shall be due and
billable upon submittal of all energy efficiency and renewable loans. An
additional origination fee in the amount of $400 shall be paid to ESP at
time of loan settlement. ESP shall receive 2% of all interest paid on each
of the loans outstanding. Public recording and any other third party
service fees are the responsibility of the borrower and shall be assessed by
ESP at the time of loan settlement.
4. Exhibit 1. In Exhibit 1 Fees Collected Section, shall be replaced with the following:
Application ($25) fee shall be collected at the time of submission of the
Application, Origination ($400), public recording and other third party
fees shall be assessed and collected at time of settlement, as detailed
within a settlement statement prepared by ESP. Distribution of loan
proceeds shall be net of loan settlement fees.
5. Except as expressly altered, modified and changed in this Third 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.
6. This Third Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the
Original Agreement the day and year first above written and the effective date is June 11, 2017.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
Jillian H. Ryan, Chair
Attest:
LIN
E7*'!""i"1*.'�'.'.'�""'1*.b-.'.... -
Regina O'Brien, Clerk to the Board
EnergySmart Partners, LLC a Colorado limited liability
corporation, a wholly owned subsidiary of Funding
Partners for Housing Solutions, Inc.
Joe Rowan
PI'II7L Name:
Title: Director of Programs