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HomeMy WebLinkAboutBELLA ENERGY INC - CONTRACT - AGREEMENT MISC - BELLA ENERGY INCFIRST AMENDMENT TO POWER PURCHASE AGREEMENT BETWEEN BELLA ENERGY INC. AND FORT COLLINS UTILITIES City of Fort Collins, Colorado (“Utilities”), a Colorado municipal corporation with its principal place of business in Fort Collins, CO, and BELLA ENERGY INC. (“Seller”), a Colorado corporation with its principal place of business in Louisville, CO, hereby enter into this First Amendment (“Amendment”) to the February 24, 2015 Power Purchase Agreement between the parties (“Agreement”), effective this 18th day of May, 2015. Seller and UTILITIES are sometimes referred to in this Amendment jointly as “Parties” or individually as “Party”. This Amendment only modifies the Agreement as stated herein. All other terms and conditions of the Agreement remain in effect. The modifications are: 1. Paragraph 9.1.4 shall be revised to read: If less than a full project development period (six months for SP3 Class I systems, 12 months for SP3 Class II systems based on the date of notification of an SP3 Energy Allocation) is available prior to June 30, 2015, Owner will not be in default of this Agreement so long as Commercial Operation as defined in this Agreement is achieved by the earlier of twelve (12) months from the date of the Energy Allocation notice or November 30, 2015. IN WITNESS WHEREOF, each Party has caused this Amendment to be duly executed by its authorized representative as provided below. This Amendment will lapse without force if not signed by both parties by May 31 th , 2015. UTILITIES: CITY OF FORT COLLINS, COLORADO A Colorado municipal corporation By:_________________________ Gerry S. Paul Purchasing Director SELLER: BELLA ENERGY INC. By:_________________________ Jim Welch CEO DocuSign Envelope ID: 9857A6B4-5BA2-4806-B103-FAEE96379BF4