CAEATFA R08-23 Amendment 1
AMENDMENT NO. 1
This Amendment No. 1 (“Amendment”), dated as of [Insert Current Date], (“Effective Date”) amends the Memorandum of Agreement (“MOA” or “Agreement”) dated September 11, 2023 by and between the California Alternative Energy and Advanced Transportation Financing Authority, a public instrumentality of the State of California created pursuant to Division 16 (commencing with Section 26000) of the California Public Resources Code ("CAEATFA"), and the City of Palo Alto (“City of Palo Alto”). CAEATFA and City of Palo Alto are sometimes referred to in this Agreement individually as a “Party” and together as the “Parties.”
Recitals
A. In Decision D.21-08-006, the California Public Utilities Commission upholds CAEATFA’s broad implementation authority over the California Hub for Energy Efficiency Financing (CHEEF) pilots and programs and conditionally allows for the incorporation of non IOU ratepayer funds to expand the reach of the CHEEF programs.
B. In accordance with Decision D.21-08-006 and Title 4, Business Regulations Division 13, Article 5, Section 10091.17 of the California Code of Regulations (“GoGreen Home Energy Financing Program Regulations” or “Program Regulations”), City of Palto Alto and CAEATFA desires to amend the Agreement to extend the duration of the MOA for three years as stipulated in the Term of the MOA (Section 5, page 7).
IT IS AGREED as follows:
1.AMENDMENTS TO THE AGREEMENT
a. In accordance with Section 5 of this Agreement which provides for, among other things, an extension pursuant to mutual agreement, the Parties hereto agree to extend the term of this Agreement through September 10, 2028.
b.City’s funding of administrative and credit enhancement cost under the MOA would remain unchanged at an amount not to exceed $300,000, according to Section 3 of the Agreement.
2.GENERAL PROVISIONS
a. Further Assurances: The Parties shall work together in good faith to revise all applicable documentation and alert all relevant lenders and contractors as to the project and measure eligibility revisions contemplated by this Agreement. b. Miscellaneous. Other than as specifically modified above, the Agreement shall remain in full force and effect and is hereby ratified, approved, and confirmed. This Amendment is subject to all of the terms and conditions of the Agreement as if it were a part thereof, including, without limitation, any provision with respect to choice of law, venue, and/or jurisdiction.
CAEATFA R08-23 Amendment 1
AUTHORIZED REPRESENTATIVE SIGNATURES
City of Palo Alto
By: ____________________________________________
Printed Name: Ed Shikada
Title: City Manager
By: ____________________________________________
Printed Name: Madeleine Salah
Title: City Attorney or Designee
California Alternative Energy and Advanced Transportation Financing Authority
By: ____________________________________________
Printed Name: Christina Sarron
Title: Executive Director