HomeMy WebLinkAboutNorthern California Power Agency (NCPA) 2009-07-07 Amendment 1; 2011-05-27AMENDMENT TO THE 3RD PHASE AGREEMENT TO ALLOCATE SHARES FROM
EXISTING PARTICIPANTS TO ADDITIONAL MEMBER, CITY OF GRIDLEY
This Amendment to the 3r`' 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
Third Phase Agreement.
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.
The Parties have executed this Amendment as of )2010.
NORTHE N CAn ORNIA POWER AGENCY
i
Jame) j N op General Manager
Date:
Attest:
Assistant Secretary of the Commission
Approved as to Form:
Michael F. Dean
General Counsel
1396124.4
BAY AREA RAPID TRANSIT
By:
Approved as to Legal Form
By:
Date:
CITY OF HEALDSBURG
By:
Approved as to Legal Form
By:
Date:
I . 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.
The Parties have executed this Amendment as of
NORTHERN CALIFORNIA POWER AGENCY
James H. Pope, General Manager
Date:
Attest:
Assistant Secretary of the Commission
Approved as to Form:
Michael F. Dean
General Counsel
1396124.4
BAY AREA RAPID TRANSIT
By:
Date: 2.
CITY OF HEALDSBURG
By:
2010.
Approved as to Legal Form
Approved as to Legal Form
By:
Date:
I 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.
The Parties have executed this Amendment as of 12010.
NORTHERN CALIFORNIA POWER AGENCY
James H. Pope, General Manager
Date:
Attest:
Assistant secretary of the Lommission
Approved as to Form:
Michael F. Dean
General Counsel
1396124.4
BAY AREA RAPID TRANSIT
By:_
Date:
Approved as to Legal Form
By:
CITY &F HEALDSBUR
By: 0
If /V
Date: /U
Approved as to Legal Form
By:
CITY OF LODI Approved as to Legal Form
1
By: - -tl-~ By;
Date: P"10-10 Zys
CITY OF LOMPOC Approved as to Legal Form
By: By:
CITY OF PALO ALTO
Approved as to Legal Form
By:
By:
Date:
PLUMAS-SIERRA RURAL ELECTRIC Approved as to Legal Form
COOPERATIVE
By:
By:
Date:
CITY OF SANTA CLARA
Approved as to Legal Form
By:
By:
Date:
CITY OF UKIAH
Approved as to Legal Form
By:
By:
City Clerk
Date:
CITY OF LODI
By:_
Date:
CITY O LOMPOC
By: vt
Date: ~ CIA4 a®10
CITY OF PALO ALTO
By:_
Date:
PLUMAS-SIERRA RURAL ELECTRIC
COOPERATIVE
By:_
Date:
CITY OF SANTA CLARA
By:_
Date:
CITY OF UKIAH
By:_
Date:
Approved as to Legal Form
By:
Approved as to Legal Form
By: -
Approved as to Legal Form
By:
Approved as to Legal Form
By:
Approved as to Legal Form
By:
Approved as to Legal Form
By:
CITY OF LODI
By:_
Date:
CITY OF LOMPOC
By:_
Date:
CITY OF PALO ALTO
By: l
Date: s
By:
Approved as to Legal Form
By:
PLUMAS-SIERRA RURAL ELECTRIC Approved as to Legal Form
COOPERATIVE
By: By:
Date:
CITY OF SANTA CLARA Approved as to Legal Form
By: By:
Date:
CITY OF UKIAH Approved as to Legal Form
By: By:
Date:
Approved as to Legal Form
By:
Approved as to Legal Form
CITY OF LODI Approved as to Legal Form
By: By:
Date:
CITY OF LOMPOC Approved as to Legal Form
By: By:
Date:
CITY OF PALO ALTO Approved as to Legal Form
By: By:
Date:
PLUMAS-SIERRA RURAL ELECTRIC
COOPERATIVE
By:
Date: ~a
CITY OF SANTA CLARA
By:_
Date:
CITY OF UKIAH
Approved as to Legal Form
By:_
Date:
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Approved as to Legal Form
By:
Approved as to Legal Form
By:
CITY OF LODI Approved as to Legal Form
By:
By:
Date:
CITY OF LOMPOC
Approved as to Legal Form
By:
By:
Date:
CITY OF PALO ALTO
Approved as to Legal Form
By:
By:
Date:
PLUMAS-SIERRA RURAL ELECTRIC Approved as to Legal Form
COOPERATIVE
By:
By:
Date:
,
CITY OF SANTA CLARA Approved as to Legal Form
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By: U" vim- By.
D e 1011+. 10 ity Clerk
CITY OF UKIAH Approved as to Legal Form
By:_
Date:
By:
CITY OF LODI Approved as to Legal Form
By:
By:
Date:
CITY OF LOMPOC
Approved as to Legal Form
By:
By:
Date:
CITY OF PALO ALTO
Approved as to Legal Form
By:
By:
Date:
PLUMAS-SIERRA RURAL EL
ECTRIC Approved as to Legal Form
COOPERATIVE
By:
By:
Date:
CITY OF SANTA CLARA
Approved as to Legal Form
By:
By:
Date:
CITY OF UKIAH
By:
Date:
Approved as to Legal Form
By:
CITY OF GRIDLEY Approved as to Legal Form
By: By:
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AMENDMENT TO THE NGPP THIRD PHASE AGREEMENT TO ALLOCATE SHARES TO
ADDITIONAL MEMBER, CITY OF GRIDLEY
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