HomeMy WebLinkAbout460317 BELLA ENERGY/ OAK LEAF SOLAR VIII LLC - CONTRACT - AGREEMENT MISC - BELLA ENERGY INCJuly 2, 2015
City of Fort Collins
215 North Mason
Fort Collins, CO 80522
Attn: Gerry Paul
CC: Mr. John Hereford
Oak Leaf Energy Partners Ohio, LLC
2645 East 2
nd
Avenue, Suite 206
Denver, CO 80206
RE: Consent to Assignment of the Power Purchase Agreement and the
Interconnection Agreement for the LaPorte Project
Dear Mr. Jim Welch and John Hereford:
Bella Energy, Inc. (“Bella”) and the City of Fort Collins (the “City”) previously entered
into that certain Power Purchase Agreement, dated February 24, 2015 (the “PPA”), and that
certain Solar Generator Interconnection Agreement, dated May 3, 2015 (the “Interconnection”).
Both agreements pertain to the solar photovoltaic system to be located at 1912 LaPorte Ave.,
Fort Collins, CO 80521 (the “System”). In connection with the financing of the System, Bella
desires to assign its rights, powers and remedies as principal operator of the System, under the
PPA and Interconnection to Oak Leaf Solar VIII, LLC, a Colorado limited liability company
(“Oak Leaf”). Pursuant to PPA Section 11.3.1 and Interconnection Section 8.1, the parties
herein confirm their consent to these assignments upon the conditions stated herein by signing
below.
Oak Leaf hereby accepts the assignment and agrees to be bound, as principal operator of
the System, by all of the terms and conditions of the PPA and Interconnection, including all
obligations, duties, responsibilities, and liabilities of Bella thereunder; and
Bella hereby agrees and acknowledges, the assignment to, and assumption by, Oak Leaf
of the PPA and the Interconnection as provided above; and
Upon the successful closing of financing and transfer of title to the System from Bella to
Oak Leaf, scheduled to occur on July 7, 2015 (“Closing”), the City consents to the transfer and
assignment of principal performance under the PPA and the Interconnection by Bella Energy,
Inc. to Oak Leaf Solar VIII, LLC, and acknowledges and agrees that Oak Leaf shall assume all
rights, duties and obligations of Bella as set forth under this Agreement, effective as of the date
of Closing (the “Effective Date”).
For purposes of facilitating Oak Leaf’s assumption of obligations, as described herein,
upon the Effective Date, the address for delivery of notices to the System “Owner”, as defined in
the PPA and Interconnection, shall be as follows:
DocuSign Envelope ID: 6B1C93DE-DBD1-4974-B9BD-8A8BF6BFFD75
2
Oak Leaf Solar VIII, LLC
2645 East 2
nd
Avenue, Suite 206
Denver, CO 80206
Attn: Mr. John Hereford
Thank you for your time and attention. We look forward to installing the System.
Sincerely,
BELLA ENERGY, INC.
__________________________________________
Name: Jim Welch
Title:
Accepted on _________
by: OAK LEAF SOLAR VIII, LLC
Name: John Hereford
Title:
Accepted on _______
by: CITY OF FORT COLLINS
________________________________
Name: Gerry Paul
Title: Director of Purchasing
ATTEST:
________________________
City Clerk
APPROVED AS TO FORM:
________________________
Asst City Attorney
DocuSign Envelope ID: 6B1C93DE-DBD1-4974-B9BD-8A8BF6BFFD75
CEO
7/6/2015
Member
7/6/2015