HomeMy WebLinkAbout2011-17 3rd phase agrmnt City of GridleyRESOLUTION NO. 2011-17
AMENDMENT TO THE 3RD PHASE AGREEMENT TO ALLOCATE SHARES FROM
EXISTING PARTICIPANTS TO ADDITIONAL MEMBER, CITY OF GRIDLEY
This Amendment to the 3Id Phase Agreement to Allocate Shares From Existing Participants to
Additional Member, City of Gridley ("Amendment") is entered into by and between the Northern
California Power Agency ("NCPA"), a California Joint Powers Agency, the participants to the
Amended NCPA Green Power Project Third Phase Agreement ("NGPP Third Phase
Agreement") (collectively referred to as the "Participants"), and the City of Gridley ("Gridley"),
and together with NCPA and the Participants, the ("Parties").
WHEREAS, NCPA and the Participants entered into the NGPP Third Phase Agreement
for the purpose of procuring electrical power from NCPA's Green Power Project (hereinafter
"NGPP"); and
WHEREAS, Gridley is not a member of the NGPP or a signatory to the NGPP Third
Phase Agreement; and
WHEREAS, NCPA has been providing project management services related to the
acquisition of solar PV projects to be located within Gridley's distribution area or to serve Gridley
retail electric load pursuant to a Professional Services Agreement dated July 7, 2009 ("PSA"
and
WHEREAS, Gridley now wishes to become a member of the NGPP and a signatory to
the NGPP Third Phase Agreement; and
WHEREAS, in accordance with Section 7.2 of the NGPP Third Phase Agreement, no
NCPA member may become an additional party to the NGPP Third Phase Agreement unless
one or more of the Participants ("Allocating Participants") elect to allocate a portion of its
Participant Percentage to such Member; and
WHEREAS, the Participants now wish to allocate a portion of each of their participation
percentages to Gridley so that Gridley may become a member of the NGPP and a signatory to
the NGPP Third Phase Agreement.
NOW, THEREFORE, the Parties agree as follows:
1. Each of the Participants shall allocate a certain percentage of their share to Gridley, thereby
amending their participation shares. The participation percentages and the allocation to Gridley
are shown in Exhibit A attached hereto and made a part of this Amendment.
2. Pursuant to Section 7.2 of the NGPP Third Phase Agreement, upon execution of this
Amendment, Gridley shall deliver to NCPA, and each other Participant, a counterpart of the
NGPP Third Phase Agreement executed by Gridley, and evidence that such agreement has
been approved in accordance with its applicable Constitutive Documents and payment of
Gridley's share of the Security Account, established pursuant to Section 5.5 of the NGPP
3. Upon execution, this Amendment shall supersede the PSA between Gridley and NCPA.
4. This Amendment in no way alters the terms and conditions of the Third Phase Agreement
except as specifically set forth herein.
PASSED AND ADOPTED by the Ukiah City Council on April 6, 2011, by the following roll call
vote:
AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin
NOES: None
ABSTAIN: None
ABSENT: None
Mari Rodin, Mayor
ATTEST:
UoAnne Currie, City Clerk
s
. 9