Resolution 2016-54 - Laserfiche WebLink

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EXHIBIT A SOLAR PRODUCTION AGREEMENT (Colorado Local Governmental Units) This Solar Production Agreement (the "Agreement") is entered into as oO\i. , 2016 (the "Effective Date') and is by and between CEC SOLAR #1133, LLC, as seller (the "S =tier"), and the City of Louisville, CO, as buyer (the "Buyer"). In this Agreement, Seller and Buyer are sometimes referred to individually as a "Party" and collectively as the "Parties." Whereas, Buyer is a Colorado municipality, county, school district, special district or other political subdivision; and Whereas, Seller has offered to provide to Buyer under this Agreement a means of procuring low-cost electrical energy as utility cost -savings measures under C.R.S. 29-12.5-101 et seq; and Whereas, pursuant to this Agreement, Buyer can purchase an interest in a solar energy generation installation, and obtain utility credits from the sale of the solar energy generated by such facility so as to decrease Buyer's utility costs; and Whereas, the Board has received the analysis and recommendations concerning such utility cost -savings measure from a person experienced in the design and implementation of utility cost -savings measure; and Whereas, the Board has found pursuant to C.R.S. 29-12.5-103 that the amount of money the Buyer would spend on such utility cost -savings measure is not likely to exceed the amount of money the Buyer would save in energy costs over the term of this Agreement; and Whereas, the Board has found that the obligations entered into by the Buyer under this Agreement shall not cause the total outstanding indebtedness incurred by the Buyer under C.R.S. 29-12.5-103 to exceed the applicable limit set forth in C.R.S. 29-12.5-103(2)(b). Now therefore, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the Parties hereby mutually agree as follows: 1. Definitions. Under this Agreement, the following terms are defined as follows: "Affiliate' means any person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by or partnered with, or is under common control with the person or entity specified. "Board" means the governing body of the above referenced Buyer. "Buyer's Allocation" means the Buyer's Production Capacity expressed as a percentage of the entire nameplate capacity of the Solar Energy Facility. "Buyer's Production Capacity" means the amount of Production Capacity purchased under this Agreement, as referenced In Section 2 and Appendix A below. "Buyer's Salarinteresr means the Buyer's Production Capacity and the Buyer's Solar Output, and excludes any Environmental Attributes or Tax Incentives. "Buyer's Solar Output' means the Solar Output of the Solar Energy Facility, multiplied by the Buyer's Allocation. Page 4 of 17