Summary Sheet for - AMENDMENT TO SOLAR AGREEMENT FOR SUN STREAMS EXPANSION, LLC ()
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1
FIRST AMENDMENT TO SOLAR POWER ELECTRICAL SYSTEM AGREEMENT
This FIRST AMENDMENT TO SOLAR POWER ELECTRICAL AGREEMENT (this
“Amendment”), dated as of ____________, 2023, is entered into by and between Maricopa
County, a political subdivision of the State of Arizona (“County”), and Sun Streams Expansion,
LLC, a Delaware limited liability company (“Company”). County and Company are sometimes
hereinafter referred to individually as a “Party” and together as the “Parties.” Capitalized terms
used but not defined in this Amendment shall have the meanings given to such terms in the
Agreement (defined below).
RECITALS
A.
County and Company are parties to that certain Solar Electrical Agreement (the
“Agreement”) dated May 25, 2023.
B.
County and Company desire to amend the Agreement as more particularly set forth
herein.
NOW, THEREFORE, in consideration of the covenants set forth herein, and for good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
hereby agree to amend the Agreement as follows:
AGREEMENT
Exhibit A to the Agreement is hereby deleted and replaced in its entirety with Exhibit A
attached hereto.
The last two sentences of Section 1(B) of the Agreement are hereby deleted in their entirety
and replaced with the following:
“Subject to the review and approval of the MCDOT Director, which approval will not be
unreasonably withheld or conditioned, Company may amend Exhibit A at any time during
the term of the Agreement to add to or modify the permitted area within the County Right-
of-Way and/or Company’s Solar Power Electrical System within the County Right-of-
Way, including the addition of high and low voltage crossings across County Rights-of-
Way via an application to the County that provides the legal description(s) and exhibits
showing such additions or modifications. Any such additions or modifications shall be at
all times governed by the terms and conditions of this Agreement.”
Entire Contract. The Agreement, after giving effect to this Amendment, contains the entire
understanding of the Parties with respect to the subject matter hereof and supersedes all prior and
contemporaneous agreements and commitments with respect thereto.
Ratification; No Other Modifications. The Agreement, as amended hereby, is in all
respects ratified and confirmed and shall be and remain in full force and effect. Except as expressly
modified by this Amendment, all the terms and conditions of the Agreement shall remain in full
force and effect, unmodified, and apply to this Amendment as though set forth herein, including,
but not limited to, disputes and applicable law provisions.
DocuSign Envelope ID: 250C41DF-D374-41D8-86F5-7946292A305A
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Amendments. No amendment, modification, termination or waiver of any provision of this
Amendment shall be effective unless the same shall be in writing and duly executed by both
Parties.
Enforceability. This Amendment shall be enforceable by and binding upon and shall inure
to the benefit of the Parties hereto and their respective successors and assigns.
Governing Law. This Amendment and all matters arising hereunder or in connection
herewith shall be governed by, interpreted under, construed and enforced in accordance with
Section 16(D) of the Agreement.
Counterparts and Facsimile Execution. This Amendment may be signed in any number of
counterparts and each counterpart shall represent a fully executed original as if signed by both
Parties, with all such counterparts together constituting but one and the same instrument. The
facsimile or .pdf signatures of the Parties shall be deemed to constitute original signatures and
executed facsimile or .pdf copies hereof shall be deemed to constitute duplicate originals.
Severability. The invalidity of one or more phrases, sentences, clauses, Sections or Articles
contained in this Amendment shall not affect the validity of the remaining portions of this
Amendment so long as the material purposes of this Amendment can be determined and
effectuated.
[SIGNATURES FOLLOW]
DocuSign Envelope ID: 250C41DF-D374-41D8-86F5-7946292A305A
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IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed
as of the date first stated above.
SUN STREAMS EXPANSION, LLC, a
Delaware limited liability company
By:_________________________________
Name: Michael Alvarez
Title: Chief Operating Officer
DocuSign Envelope ID: 250C41DF-D374-41D8-86F5-7946292A305A
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MARICOPA COUNTY
Recommended by:
__________________________
Jesse Gutierrez
Date
Director - Transportation
Approved and Accepted by:
______________________________________
Clint Hickman, Chairman
Date
Maricopa County Board of Supervisors
Attest by:
______________________________________
Clerk of the Board
Date
Approval As To Form:
____________________________________
Deputy County Attorney
DocuSign Envelope ID: 250C41DF-D374-41D8-86F5-7946292A305A
8/3/2023
8/3/2023
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EXHIBIT A
[see attached]
DocuSign Envelope ID: 250C41DF-D374-41D8-86F5-7946292A305A
!
CROSSING m1 LOCATION
Township: 1N, Range: 5W, Section: 32
Lon: -112.788336, Lat: 33.385625
Minimum Crossing Width: 20'
EXHIBIT A
CROSSING m1
§¨¦
10
§¨¦
10
§¨¦
8
§¨¦
17
£
¤
60
£
¤
93
!
27
03
01
04
33
30
05
36
28
29
32
34
06
25
31
W Baseline Rd
MARICOPA COUNTY
Not to Scale
CROSSING m1 LOCATION
Phoenix
³
VICINITY MAP
Not to Scale ³
!
DocuSign Envelope ID: 250C41DF-D374-41D8-86F5-7946292A305A
!
CROSSING m3 LOCATION
Township: 1N, Range: 5W, Section: 33
Lon: -112.772142, Lat: 33.377999
Minimum Crossing Width: 50'
EXHIBIT A
CROSSING m3
§¨¦
10
§¨¦
10
§¨¦
8
§¨¦
17
£
¤
60
£
¤
93
!
03
04
33
35
05
32
34
06
31
02
W Baseline Rd
Euclid Ave
MARICOPA COUNTY
Not to Scale
CROSSING m3 LOCATION
Phoenix
³
VICINITY MAP
Not to Scale ³
!
DocuSign Envelope ID: 250C41DF-D374-41D8-86F5-7946292A305A
!
CROSSING m4 LOCATION
Township: 1S, Range: 5W, Section: 4/S9
Lon: -112.779529, Lat: 33.363129
Minimum Crossing Width: 50'
W Ardmore Rd
W Dobbins Rd
Euclid Ave
EXHIBIT A
CROSSING m4
§¨¦
10
§¨¦
10
§¨¦
8
§¨¦
17
£
¤
60
£
¤
93
!
09
03
04
05
10
06
07
08
W Baseline
W Dobbins Rd
Euclid Ave
MARICOPA COUNTY
Not to Scale
CROSSING m4 LOCATION
Phoenix
³
VICINITY MAP
Not to Scale ³
!
DocuSign Envelope ID: 250C41DF-D374-41D8-86F5-7946292A305A
!
CROSSING m5 LOCATION
Township: 1N, Range: 5W, Section: 33/S34
Lon: -112.763856, Lat: 33.379909
Minimum Crossing Width: 30'
W Baseline Rd
EXHIBIT A
CROSSING m5
§¨¦
10
§¨¦
10
§¨¦
8
§¨¦
17
£
¤
60
£
¤
93
!
27
03
04
33
35
05
28
29
32
34
26
02
Euclid Ave
W Baseline Rd
MARICOPA COUNTY
Not to Scale
CROSSING m5 LOCATION
Phoenix
³
VICINITY MAP
Not to Scale ³
!
DocuSign Envelope ID: 250C41DF-D374-41D8-86F5-7946292A305A
!
CROSSING m6 LOCATION
Township: 1S, Range: 5W, Section: 18
Lon: -112.815481, Lat: 33.34143
Minimum Crossing Width: 150'
EXHIBIT A
CROSSING m6
§¨¦
10
§¨¦
10
§¨¦
8
§¨¦
17
£
¤
60
£
¤
93
!
12
18
13
17
14
19
23
07
24
20
11
08
S
Narramore
W Elliot Rd
W Sunrise Dr
MARICOPA COUNTY
Not to Scale
CROSSING m6 LOCATION
Phoenix
³
VICINITY MAP
Not to Scale ³
!
DocuSign Envelope ID: 250C41DF-D374-41D8-86F5-7946292A305A