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HomeMy WebLinkAboutBradley Lake O and M agreement 2nd Amend June 2016FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED OPERATION &MAINTENANCE AGREEMENT FOR BRADLEY LAKE HYDROELECTRIC PROJECT This FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED OPERATION & MAINTENANCE AGREEMENT FOR BRADLEY LAKE HYDROELECTRIC PROJECT ("First Amendment')dated effective as of June 15,2016,is entered into by and between the Alaska Energy Authority ("Authority”)and Homer Electric Association,Inc.("HEA”). WITNESSETH WHEREAS,the Authority is a public corporation of the State of Alaska duly created,organized, and existing pursuant to AS 44.83,and authorized by law to sell electric power generated by the Bradley Lake Project ("Project”); WHEREAS,the Authority is authorized under AS 44.83.396 to enter into agreements for the operation and maintenance of power projects owned by the Authority with a qualified utility; WHEREAS,the Bradley Lake Project Power Sales Agreement (the "Power Sales Agreement”) provides that the Bradley Lake Project Management Committee ("BPMC”)shall arrange for the operation and maintenance of the Project and Project Related Facilities; WHEREAS,the BPMC is authorized under its Bylaws adopted pursuant to the terms of the Power Sales Agreement to approve agreements for the operation and maintenance of Project and Project related facilities; WHEREAS,to provide for the operation and maintenance of the Project and Project Related Facilities,the BPMC entered into the Master Maintenance and Operating Agreement with the Authority under which the Authority shall enter into contracts necessary to perform services for, or operation maintenance of,the Project and Project Facilities; WHEREAS,the Authority and HEA entered into the Second Amendment and Restated Operation and Maintenance for Bradley Lake Hydroelectric Project effective July 1,2008 (the "O&M Agreement'),to inter alia,provide that HEA would continue as Operator and operate and maintain the Project in accordance with the terms and conditions of the O&M Agreement; WHEREAS,the Authority,before executing a contract or contract amendment for operation or maintenance of the Project or Project related facilities,must submit the contract or amendment to the BPMC for its review and approval under the Master Maintenance and Operation Agreement; WHEREAS,the BPMC authorized the Authority and HEA to enter into the First Amendment on June 15,2016; WHEREAS,the First Amendment extends the provisions of the O&M Agreement governing the current term and notice of termination of the O&M Agreement for a period of three (3)months. WHEREAS,the BPMC has reviewed and approved this First Amendment. FIRST AMENDMENT TO O&M AGREEMENT Page 1 of 2 ApegOed olisle wl ¢ Month extensim lout Oud not ger s ignedunkLizlrtlteMeching, NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1.Section 2(b)of the O&M Agreement shall be amended to read as follows: Except as expressly provided in this section,the term of this Agreement shall be five (5) years from the Effective Date,and shall be automatically renewed for successive five-year terms until terminated as provided herein and subject to the termination rights set forth in Section 2(c)and Section 7(d).Notice of termination by either party shall be given two years in advance of the end of any term;provided,however,that the current,(or second) term of this Agreement shall be extended by six months to January 1,2019,and the date for which termination notice shall be given shall be correspondingly extended to December 30,2016. 2.Except as amended in this First Amendment,the terms and conditions of the O&M Agreement remain in full force and effect. IN WITNESS WHEREOF,the Parties have caused this First Amendment to be executed the day and year first above written. FIRST AMENDMENT TO O&M AGREEMENT HOMER ELECTRIC ASSOCIATION,INC. General Manager ALASKA ENERGY AUTHORITY MAL Michael42.Lamb Interim Executive Director By Page 2 of 2 FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED OPERATION &MAINTENANCE AGREEMENT FOR BRADLEY LAKE HYDROELECTRIC PROJECT This FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED OPERATION & MAINTENANCE AGREEMENT FOR BRADLEY LAKE HYDROELECTRIC PROJECT ("First Amendment”)dated effective as of June 15,2016,is entered into by and between the Alaska Energy Authority ("Authority”)and Homer Electric Association,Inc.("HEA”). WITNESSETH WHEREAS,the Authority is a public corporation of the State of Alaska duly created,organized, and existing pursuant to AS 44.83,and authorized by law to sell electric power generated by the Bradley Lake Project ("Project”); WHEREAS,the Authority is authorized under AS 44.83.396 to enter into agreements for the operation and maintenance of power projects owned by the Authority with a qualified utility; WHEREAS,the Bradley Lake Project Power Sales Agreement (the "Power Sales Agreement”) provides that the Bradley Lake Project Management Committee ("BPMC”)shall arrange for the operation and maintenance of the Project and Project Related Facilities; WHEREAS,the BPMC is authorized under its Bylaws adopted pursuant to the terms of the Power Sales Agreement to approve agreements for the operation and maintenance of Project and Project related facilities; WHEREAS,to provide for the operation and maintenance of the Project and Project Related Facilities,the BPMC entered into the Master Maintenance and Operating Agreement with the Authority under which the Authority shall enter into contracts necessary to perform services for, or operation maintenance of,the Project and Project Facilities; WHEREAS,the Authority and HEA entered into the Second Amendment and Restated Operation and Maintenance for Bradley Lake Hydroelectric Project effective July 1,2008 (the "O&M Agreement'),to inter alia,provide that HEA would continue as Operator and operate and maintain the Project in accordance with the terms and conditions of the O&M Agreement; WHEREAS,the Authority,before executing a contract or contract amendment for operation or maintenance of the Project or Project related facilities,must submit the contract or amendment to the BPMC for its review and approval under the Master Maintenance and Operation Agreement; WHEREAS,the BPMC authorized the Authority and HEA to enter into the First Amendment on June 15,2016; WHEREAS,the First Amendment extends the provisions of the O&M Agreement governing the current term and notice of termination of the O&M Agreement for a period of three (3)months. WHEREAS,the BPMC has reviewed and approved this First Amendment. FIRST AMENDMENT TO O&M AGREEMENT Page 1 of 2 NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1.Section 2(b)of the O&M Agreement shall be amended to read as follows: Except as expressly provided in this section,the term of this Agreement shall be five (5) years from the Effective Date,and shall be automatically renewed for successive five-year terms until terminated as provided herein and subject to the termination rights set forth in Section 2(c)and Section 7(d).Notice of termination by either party shall be given two years in advance of the end of any term;provideg/however,that the current,(or second) term of this Agreement shall be extended by {#ree months to October 1,2018,and the date for which termination notice shall be given shall be correspondingly extended to September 30,2016.Art 2.Except as amended in this First Amendment,the terms and conditions of the O&M Agreement remain in full force and effect. IN WITNESS WHEREOF,the Parties have caused this First Amendment to be executed the day and year first above written. HOMER ELECTRIC ASSOCIATION,INC. By Brad Janorschke General Manager ALASKA ENERGY AUTHORITY By Sara Fisher Goad Executive Director FIRST AMENDMENT TO O&M AGREEMENT Page 2 of 2 I=AASKAG@ammm®ENERGY AUTHORITY July 8,2016 Mr.Cory Borgeson General Manager Golden Valley Electric Association P.O.Box 71249 Fairbanks,Alaska 99707-1249 Subject:AEA's change of designation of representatives for the Bradley Lake Project Management Committee Dear Mr.Borgeson: The Alaska Energy Authority hereby designates the following persons as its representative and alternate representative to the BPMC: Representative:Michael Lamb Email:mlamb@aidea.org Alternate:Bryan Carey Email:bcarey@aidea.org Sincerely, Michael Lamb Interim AEA Executive Director Make herbyaltharityiors 813 West Northern Lights Boulevard Anchorage,Alaska 99503 T 907.771.3000 Toll Free (Alaska Only)888.300.8534 F 907.771.3044 June 29,2015 lea si ue -"9h a of \ Mr.Cory Borgeson US 'President &Chief Executive Officer ¢/ Golden Valley Electric Association 758 Illinois Street P.O.Box 71249 Fairbanks,AK.99707-1249 Re:ML&P Voting Member &Alternate Bradley Lake Project Management Committee Dear.Mr.Borgeson: For your information,Municipal Light &Power (ML&P)Representative voting member on the Bradley Lake Project Management Committee is Mark A.Johnston;and,the Alternate member is Jeff Warner. Please correspond or call 263-5201 if you require additional information.Thank you. Sincerely, Mark A.Johnston Acting ML&P General Manager ce:Mr.Jeff Warner,ML&P Ms.Teri Webster,Alaska Energy Authority D 5 (ib |)E MAJ/Ird A\\jul 92 2015 AIDEA AEA 1200 East First Avenue,Anchorage,Alaska 99501-1658 Phone 907-279-7671 Fax 907-263-5862 www miandp.com March 10,2015 Cory Borgeson Sara Fisher-Goad Chairman,BLPMC Secretary -BLPMC c/o Alaska Energy Authority c/o Alaska Energy Authority 813 W.Northern Lights Boulevard 813 W.Northern Lights Boulevard Anchorage,Alaska 99503 Anchorage,Alaska 99503 Subject:Bradley Lake Project Management Committee (BLPMC)-Chugach Electric Association,Inc.Designated Representative to BLPMC and Alternate Dear Mr.Borgeson: Pursuant to Section 13 of the Bradley Lake Project Power Sales Agreement,Chugach Electric Association designates Lee Thibert as the Chugach Electric Association,Inc. representative to the Bradley Lake Project Management Committee and Burke Wick asthealternaterepresentative.The contact information Lee Thibert and Burke Wick are as follows: Lee Thibert Burke Wick (907)762-4517 (907)762-4779 lee_thibert@chugachelectric.com burke_wick@chugachelectric.com Sincerely, _Beobbestonre Bradley W.Evans Chief Executive Officer Chugach Electric Association,Inc. 5601 Elecion Drive,PO.Box 196360,Anchorage,Alaska 995196300 ©[907]5637494 Fax [907]5620027 ©(800)478-7494www.chugachelecitic.com ¢infe@chugachelectic.com Ey ECR IVEMLPN\nov 18 20 AMUNICIPAL IDEA LIGHT &POWER AEA November 14,2014 Mr.Cory Borgeson President &Chief Executive Officer Golden Valley Electric Association,Inc. 758 Illinois Street P.O.Box 71249 Fairbanks,AK 99707-1249 RE:ML&P Voting Member &AlternateBradleyLakemeManagement Committee/Dear Mr.Bargeson:-n Cis e 4 \For yout information,the Municipal Light &Power (ML&P)Representative votingmemberontheBradleyLakeProjectManagementCommitteeisJamesA.Trent;and,the Alternate memberis Jeff A.Warner.Ple ase correspond or call 263-5201 if you require additional information.Thank you. Sincerely,) ML&P General Man:Manager &Chief Operating Officer cc:Bradley Lake Project Management Committee JeffA.Warner,ML&P Ms.Teri Webster,Alaska Energy Authority JAT/ird 1200 East First Avenue *Anchorage,Alaska +99501-1685 Phone 907.279.7671 «Fax 907.263.5862 www omlandp.com MLP; MUNICIPAL LIGHT &POWER April 14,2014 Mr.Bradley W.Evans Chief Executive Officer Chugach Electric Association,Inc. 5601 Electron Drive P.O.Box 196300 Anchorage,Alaska 99519-6300 RE:ML&P Voting Member &Alternate Bradley Lake Project Management Committee Dear Mr.Evans:eoForyourinformation,the Municipal Light &Power (ML&P)Representative votingmemberontheBradleyLakeProjectManagementCommitteeisJamesA.Trent;and,the Alternate memberis Richard E. Please correspond or call 263-5201 ifyThankyou. require additional information. Sincerely.-at James A.Trot ML&P General Manager &Chief Operating Officer ce:Bradley Lake Project Management Committee Mr.Richard E.Miller,ML&P Ms.Teri Webster,Alaska Energy Authority JAT/mjb 1200 East First Avenue *Anchorage,Alaska *99501-1685 Phone 907.279.7671 *Fax 907.263.5862 wet mbindp.com [=ALASKA.@z==_ENERGY AUTHORITY October 10,2013 Brad Evans,Chair Bradley Lake Project Management Committee Chugach Electric Association,Inc. 5601 Electron Drive Anchorage,AK 99518 Subject:Change of Voting Member &Alternate for AEA for the Bradley Lake Project Management Committee Dear Brad: Alaska Energy Authority (AEA)is changing our Representative voting member on the Bradley Lake Project Management Committee. Sara Fisher-Goad:Representative Bryan Carey:Alternate ere,Piha Good Sara Fisher-Goad Executive Director ce:Bradley PMC Bryan Carey MthorityForgy 813 West Northern Lights Boulevard Anchorage,Alaska 99503 T 907.771.3000 Toll Free (Alaska Only)888.300.8534 F 907.771.3044