R2022-162 Resolution Authorizing Amendment to Intergovernmental Cooperation Agreement with Decatur Metropolitan Exposition, Auditorium and Office Building Authority Regarding Solar Canopy Project

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Section 1. The parties hereby find that all of the recitals contained in the preambles to this Second Amendment are full, true and correct and do incorporate t hem into this Second Amendment by this reference. Section 2. City will enter into Agreements with Seller for a PPA for construction of a solar canopy, to be owned and operated by Hawk-Attollo LLC, over the parking areas owned by the Authority as well as those owned by Authority and leased by the City which Agreements will require construction of the Project to all City Codes and standards including,but not limited to necessary water and drainage management, canopy lighting, parking lot restoration, wind loads and salt tolerance and requiring adequate insurance coverage and protection for the City and Authority as determined by the City. Section 3. Authority will execute any and all documents necessary to allow City to enter into the PPA agreements, acknowledges the terms of the PPA agreement, and agrees to support compliance with the terms of the PPA for projects on Authority's property. Section 4. City and Authority agree that this Second Amendment shall be in full force and effect during the term of the PPA Agreement between the City and Hawk-Attolo LLC or during the term of any subsequent PPA Agreements between the City, Hawk-Attolo LLC or other solar power purchase agreement or at and during any time the City owns and operates the solar canopy Project. Section 5. City agrees to return parking areas of Authority to their original state, absent normal wear and tear, if and when the PPA Agreement between the City and Hawk-Attolo LLC or subsequent solar canopy owner is terminated or when the solar canopy is no longer in use. Section 6. City and Authority will enter into any necessary and required Agreements for Interconnection of Distributed Generation Facilities with Ameren in conjunction with the Project for Authority's property which will reduce the City and Authority's energy costs. Section 7. Authority will grant City the authority to install electric vehicle charging stations and facilities on Authority's parking areas under terms and conditions to be agreed upon by the parties. Section 8. That any and all other terms and conditions of the IGA and First Amendment not in conflict with the provisions of the Second Amendment shall remain in full force and effect. Section 9. That any and all terms and conditions of the IGA and First Amendment in conflict with the provisions of the Second Amendment are hereby modified and revoked. Section 10. This Second Amendment may be executed in counterparts, and any party hereto may sign any counterpart. This Second Amendment shall be effective when each party hereto shall have signed a counterpart, and a set of counterparts bearing the signature of each party hereto shall constitute the Second Amendment as fully as if all of the parties shall have signed a single document. The parties agree that facsimile copies of signatures on this Second Amendment shall have the same effect as original signatures.