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HomeMy WebLinkAbout18-10 CC Resolution RESOLUTION NO. 18-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF TEMECULA AND AS A MEMBER OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY (SRCEA), AMENDING RESOLUTION NO. 17-75 TO PROVIDE THAT ALL OF THE APPROVALS AND AUTHORIZATIONS SET FORTH IN RESOLUTION NO. 17-75 SHALL INCLUDE A REVISED TERMINATION FEE TO THE PROPOSED POWER PURCHASE AGREEMENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The City Council of the City of Temecula ("City Council") does hereby find, determine and declare that: A. On October 17, 2017, the City Council adopted Resolution No. 17-75 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF TEMECULA AND AS A MEMBER OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY (SRCEA), APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY BY RESPONSIBLE OFFICERS OF THE SRCEA OF THE SOLAR POWER PURCHASE AGREEMENT, THE SUBLEASE AGREEMENT, THE LICENSE USE AGREEMENT, AND THE INTERCONNECTION AGREEMENT, AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GUARANTEE OF THE POWER PURCHASE AGREEMENT" B. SMER Research 1 notified the City that the termination fee as described in Exhibit C to the proposed Solar Power Purchase Agreement (Sublease Area 1, Temecula) is not correct and has requested that the City approve the revised Termination Fee. SECTION 2. Amendment to Resolution No. 17-75. Resolution No. 17-75 is hereby amended to provide that all of the approvals and authorizations set forth in Resolution No. 17-75 shall include the revised Termination Fee of $6,764,024 in year 1 diminishing over the 20 year term of the Power Purchase Agreement (Subarea 1, Temecula) as described on a revised Exhibit C to the proposed Power Purchase Resos 18-10 1 Agreement (Subarea 1, Temecula), which Exhibit C is attached hereto as Attachment A and incorporated herein as though set forth in full. SECTION 3. No Other Changes to Resolution. Except as specifically provided in this Resolution, all other terms and provisions of Resolution No. 17-75 shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of February, 2018. Matt Rahn, Mayor ATTEST: Randi i y Clerk [SEAL] Resos 18-10 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18-10 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of February, 2018, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Rahn ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Resos 18-10 3 ATTACHMENT A Exhibit C Termination Values Year of Sublease Area 1 Sublease Area 2 Contract Total (Temecula) (Lake Elsinore) 1 $10,972,750.04 $6,764,024.00 $4,208,726.04 2 $10,508,111.53 $6,477,603.00 $4,030,508.53 3 $10,035,889.13 $6,186,507.00 $3,849,382.13 4 $9,555,893.04 $5,890,619.00 $3,665,274.04 5 $9,068,541.80 $5,590,197.00 $3,478,344.80 6 $8,572,424.07 $5,284,371.00 $3,288,053.07 7 $8,067,935.67 $4,973,385.00 $3,094,550.67 8 $7,554,865.71 $4,657,109.00 $2,897,756.71 9 $7,033,477.00 $4,335,705.00 $2.697,772.00 10 $6,502,609.64 $4,008,458.00 $2,494,151.64 11 $5,962,500.49 $3,675,514.00 $2,286,986.49 12 $5,412,922.42 $3,336,733.00 $2,076,189.42 13 $4,853,963.04 $2,992,169.00 $1,861,794.04 14 $4,284,733.38 $2,641,274.00 $1,643,459.38 15 $3,705,304.80 $2,284,092.00 $1,421,212.80 16 $3,115,421.00 $1,920,465.00 $1,194,956.00 17 $2,514,992.76 $1,550,338.00 $964,654.76 18 $1,903,414.98 $1,173,338.00 $730,076.98 19 $1,280,578.98 $789,398.00 $491,180.98 20 $646,202.49 $398,344.00 $247,858.49 Thereafter $0.00 $0.00 $0.00 Termination Value reflects the amount required as payment due to a PPA Event of Default (Section 13(a)). The respective termination values for the Lease Area 1 (City of Temecula) and Lease Area 2 (City of Lake Elsinore) are proportionate to the amount of energy purchased by the JPA to benefit each City at the initiation of the Agreement. Should the proportionate energy purchased by the Purchaser JPA participants change during the term of agreement, the relative termination values would also change proportionately. Exhibit C- 1 Solar Power Purchase Agreement(Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.4