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HomeMy WebLinkAboutR16-051 Solar Purchase CEC Solar #1113, LLC Commissioner 19---'1 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2016- O 1 RESOLUTION APPROVING AND AUTHORIZING SIGNATURE OF THE SOLAR INTEREST PURCHASE AGREEMENT AND RELATED PROJECT DOCUMENTS BETWEEN EAGLE COUNTY, COLORADO AND CEC SOLAR#1113, LLC AND APPROVING THE TERMS OF THE LEASE PURCHASE AGREEMENT THAT WILL FUND THE SOLAR INTEREST PURCHASE WHEREAS, Eagle County Board of County Commissioners("Board") desires to enter into a Solar Interest Purchase Agreement with CEC Solar#1113, LLC ("Company") in substantially the form attached hereto as Exhibit A(the "Agreement"); and WHEREAS, as part of the transaction with the Company, the Board also desires to approve and execute the First Amendment to Clean Energy Subscription Service Agreement substantially in the form attached hereto as Exhibit B (the "Subscription Service Agreement") for the purpose of tracking the output and benefits of this solar project; and WHEREAS, Company has constructed the HCE 4 Community Solar Array(the "Array") in Garfield County, Colorado and either directly or through its affiliates has established necessary agreements and processes that enable its customers to sell generated electricity to Holy Cross Energy in exchange for bill credits on its customers monthly utility bills; and WHEREAS, as part of the Agreement, Eagle County will purchase an interest in the form of Production Capability as defined in the Agreement in selected solar panels within the Array; and WHEREAS, as part of the Agreement, Eagle County shall have an option to purchase its selected solar panels on or after five(5) years; and WHEREAS, the purchase price for the Production Capability in the selected solar panels is One Million three hundred forty-five thousand two hundred six dollars ($1,345,206.00) (the "Purchase Price"); and WHEREAS, as part of the transaction the Board desires to approve the terms of a lease purchase agreement whereby Eagle County, through its general fund will lease the Production Capability and related bill credits with an option to purchase the selected solar panels in the form attached as Exhibit C (the "Lease Purchase Agreement"); and Iy�G�Y�ah� . I; 141/44(1 WHEREAS,in accordance with the terms of Lease Purchase Agreement, Eagle County may designate the departments or buildings that will receive bill credits on their Holy Cross Energy bills. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Board hereby approves and authorizes any of the Commissioners to sign the Agreement and Subscription Service Agreement in a form approved by the Eagle County Attorney's Office and substantially in the form of Exhibit A and Exhibit B and such other documents as may be required by Company or Holy Cross Energy and in a form acceptable to the Eagle County Attorney's Office; and THAT, the Board hereby approves payment of the Purchase Price; and THAT, the Board hereby consents to and approves the form of Lease Purchase Agreement as set forth on Exhibit C. Signature on this Resolution constitutes signature and approval of the Lease Purchase Agreement; and THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of Eagle County, State of Colorado. [Rest of page intentionally left blank] MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the It day of JVN IL , 2016. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its disia BOARD OF COUNTY COMMISSIONERS ATTEST: 17 . I. p I - n . S l wwt----ti cot010° By: eateA Clerk to the oard of J e McQueeney County Commissioners C air —"V • P -r.-. #40 Ji an H. Ryan o issione il A /IWO # //:A ..,‹ di.\ _ 4/ Kathy C 4,1 dler-Henry .L., Commissioner II Commissioner C 1- bu.t n - seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney 44-1.- 4 Commissioner Ryan 4 Commissioner Chandler-Henry Ai.. " This resolution passed by / o vote of the Board of County Commissioners of the County of Eagle, State of Colorado Exhibit A — Solar Interest Purchase Agreement with CEC Solar #1113, LLC For access to this file please complete the attached Open Records Request Form and return to the Eagle County Attorney's Office Eagle County Public Records Request Form The following request is made under the Colorado Open Records Statute Printed Name: Organization represented(if any): Address: (mailing) Phone number: Email: Inspection prior to requesting copies: YES/NO Request for copies in lieu of inspection: YES/NO Name or identification of record(s)requested: If the record name is unknown,provide a brief,but specific description of the document or information requested(include date of issuance and location of document or information, if known). A request which is vague,broad or which seeks voluminous records,may cause a delay in the time in which the County can produce the records. Please attach an additional page if necessary to list the requested records in detail. If the records are available pursuant to C.R.S. §24-72-201 et seq.,the records will typically be made available within three(3)business days of the County's receipt of this completed form. However, if extenuating circumstances exist such that the custodian cannot reasonably assemble the records within this three(3)day period,the period shall be extended for seven(7) additional working days. The person requesting the records shall be notified of the extension within the initial three-day period. The fee for copies of records produced by the County is $.25 per standard page. The requestor will also be charged a reasonable research and retrieval fee. No fee will be imposed for the first hour of time expended in connection with the research and retrieval. After the first hour,a fee of$30.00 per hour will be charged for each additional hour expended in connection with the research and retrieval. Full payment of all fees must be received by the County in advance of the County's release of the records. Please request an estimate of the cost to produce the records if your request involves voluminous research or copying. Please refer to the County's Open Records Policy for complete information and fees. The Policy is available on the County's website or by request at the Eagle County Attorney's Office. Date: Signature: FILING INSTRUCTIONS: Open records requests may be submitted in person,via regular mail or via facsimile. Requests submitted via email are discouraged. The reason for this is,due to spam filters,in active or incorrect email accounts,the County cannot guarantee that a particular custodian has received an electronic email request. Open records requests should be submitted to the official custodian of records for a particular department or to the person who is believed to be the custodian of the requested records. FOR OFFICIAL USE ONLY Records request received by: Date: Time spent by staff in researching,retrieving,redacting and copying the requested documents: No.of pages(where copies provided): Cost of research,retrieval,redacting and copying: $