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HomeMy WebLinkAboutSW6171201_Info Update_20190520STATE STORMWATER, PERMIT INFORMATION UPDATE APPLICATION FORI ?0*5 V---' This form is to only to be used by the current permittee to notify the Division of, 1) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HQ A or POA),., 2) changes to the mailing address, phone number or email address of the current permittee; R F: 3) changes to the name of the project., and 4) changes to the legal corporate name as documented by a Name Change or Merger filed with Y" MAY�J�7Olg A. NEW PERMIT INFORMATION DENR-LAND QUALITY State Stormwater Permit Number: SW6171201 STORMINATER PERMITTING Are you updating If so, please provide the updated information: (check all that apply): Project name Panda Solar NC 9, LLC Corporation Name' Panda Solar NC 9. LLC Z Permit Contact Names Spencer Doran Hole Z Permit Contact Title President Mailing Address3 850 Canal Street, Suite 3D, Stamford, CT 06902 Phone number ............ . ... Doran.Holeg Email address renesolapower.com Provide documentation such as a Name Change IMerger filed with the NCSO& Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accordance with 15A NCAC 02H 10L411), If more than one point of contact or mailing address is being changed, please attach a separate sheet, I, Pristine Sun Fund 12, LLC , the current permittee, hereby notify DEMLR that I are making the changes as listed in Section A above. I further attest that this application for an update to the permit information currently on file is accurate and complete to the best of my knowledge, Signaturc: ............. ................ Data: .. ........ a Notary Public for the State of County of do hereby certify that personally appeared before me this the day of zya 201!�-, and aCKnowleage the due execution of the forgoing instrument, Witness my hand and official sear (Notary Seal) Z�i Notary Signature My commission expires SCA C,4 T �O, 01 CA13233783% O'�� U., *QUALJF1E0lN" ',C)= NASSAU COQNTy COMM, EXP 12-27.2022 'N S\14, '�'ton, -I- I --if fill 11"", S .eater TPermit inform;, -tic- Update Form Page I of 1 May 11, 20", 7 South River EM~'c^^-c �� ��, Corporation ~ �X�I�u��au00 ^��� -��� °a.p�e��~u.�"u��.~ [SNCF1,UI 1]OOClay Street 3uite5SO Oakland, CA94612 RE Reassignment ofInterconnection Agreements 9D 8oxg3l ~ 17494 U5421 S. ° Dunn, N[ 28335 910-892.807]"800.338.95]0°sremc.com This letter serves as a reassignment of the interconnection agreement for Barker Project 20022(5734 WakerCanady Rd., Hope Mills, NC 28348)origina|ly signed and agreed upon by PSN[F1,LLC to Panda Solar NC c), I I. C effpctive immediately. The terms and conditions of the prior interconnection agreement will remain in full force and effect until such time that a new interconnection agreement is signed and Panda Solar NC 9, LLC will be released from any future obligations. Agreed to by: DG Owner Operator �Ww Title Date Name Kevin Chen Manager October 10.2O17 South River Electric Membership Co Name Cfi�/M- Spears Title Executive Vice President and CEO ASSIGNMENT AND ASSUMPTION OF LEASE This ASSIGNMENT AND ASSUMPTION OF LEASE (the "Assignment") is made this 3rd day of August, 2017, by and between PSNCFI, LLC, a North Carolina limited liability company with a principal place of business at 1300 Clay Street, Suite 550 Oakland, CA 94612 (the "Assignor"); and Panda Solar NC 9, LLC, a North Carolina limited liability company with a principal place of business at 1300 Clay Street, Suite 550, Oakland, California 94612 (the "Assignee"). 1. Assignment of Lease. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Assignor hereby grants, conveys and assigns to the Assignee and its successors and assigns, all of the right, title and interest of the Assignor in and to the Site Lease between the Assignor, as Lessee, and Barker Gallberry Farms LLC, as Lessor dated September 22, 2014, for premises presently leased by the Assignor consisting of approximately 50 acres of land, Assessor's Parcel Number 0422-50-5888 located at Chicken Foot Road, Hope Mills, NC 28348 (the "Premises"), including any amendments (collectively the "Lease"), upon the effective date of this Assignment. A copy of the Lease is attached hereto. 2. Assumption of Lease. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Assignee hereby assumes the Lease upon the effective date of this Assignment, and shall make all payments to be paid and perform all of the obligations to be performed by the Assignor under the Lease after the effective date of this Assignment. Notwithstanding the preceding sentence, the Assignee does not assume, and the Assignor shall be solely liable for, any liability or other obligation under the Lease to the extent it relates to any breach or default by the Assignor on or before the effective date of this Assignment. 3. Representations by Assignor. The Assignor represents to the Assignee that: (i) the Assignor has provided to the Assignee a true and complete copy of the Lease; (ii) the Lease is in full force and effect and Assignor is not in default thereunder; (iii) the Lease has not been amended except as stated in the copy of the Lease attached hereto; (iv) the Lease is enforceable in accordance with its terms; (v) the Lease is free and clear of any liens or other encumbrances; (vi) the Lease has not been previously assigned by the Assignor; (vii) the Assignor has made all payments to be paid and performed all of the obligations of the Assignor under the Lease through the effective date of this Assignment; and (viii) the Assignor shall continue to make all payments to be paid and perform such obligations until the effective date of this Assignment. 4. Indemnification by Assignor. The Assignor shall indemnify and hold the Assignee harmless with respect to any expense or liability, including reasonable attorneys' fees, which the Assignee may incur as a result of a breach or default by the Assignor of its representations or obligations under this Assignment. 5. Indemnification by Assignee. The Assignee shall indemnify and hold the Assignor harmless with respect to any expense or liability, including reasonable attorneys' fees, which the Assignor may incur as a result of a breach or default by the Assignee of its representations or obligations under this Assignment. 6696794v2 6. Effective Date. This Assignment shall be effective upon the execution date of this Assignment. 7. General Provisions. A. Amendment. This Assignment may not be amended, modified or terminated orally, and no amendment, modification or termination shall be valid unless in writing and signed by the party against whom the same is sought to be enforced. B. Notices. Any notice required or which may be given under this Assignment shall be in writing and either delivered personally, sent by overnight courier or mailed by certified snail, return receipt requested, to the addressee. Such notice shall be deemed given when so delivered personally, or if sent by overnight courier, one (1) business day after the date so sent, or if mailed by certified mail, three (3) business days after the date of mailing. Notices shall be sent to the address of the addressee stated in this Assignment or to such other address as any addressee shall request by written notice. C. Binding Effect. This Assignment shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. D. Assignability. This Assignment shall not be assignable by either party except upon the prior written consent of the other party, provided, however, that the Assignee may assign this Assignment to any person who or entity which acquires substantially all of the assets of the Assignee. E. Entire Agreement. This Assignment and the attachment hereto constitute the complete understanding of the parties hereto with respect to the subject matter hereof, and supersede all other oral or written agreements, arrangements, representations and communications with respect to the subject matter hereof. F. Governing Law. This Assignment shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). G. Arbitration. If any dispute, claim, disagreement or other matter arising from or relating to this Assignment or the alleged breach of this Assignment cannot be settled within thirty (30) days after a party sends written notice to each other parry, the parties shall submit such matter to binding arbitration in Raleigh, North Carolina, administered by the American Arbitration Association under its Commercial Arbitration Rules which are then in effect. The arbitrator shall be a disinterested attorney appointed by the American Arbitration Association who has at least ten (10) years' experience in the private practice of law. The defendant(s) in such proceeding shall file an answer to the claim within sixty (60) days after the commencement of the claim. The parties shall attend a hearing of the claim with the arbitrator within ninety (90) days after the commencement of the claim. The decision of the arbitrator shall be binding upon the parties and may be enforced by a court of competent jurisdiction. The claimant(s) and the defendant(s) each shall pay their own attorney's fees and each shall pay one- 2 half (1/2) of the cost of the arbitrator and such proceeding. Time shall be of the essence with respect to each action to be taken under this subsection. H. Waiver. Any delay by any party hereto in enforcing any right hereunder with respect to a breach of any provision of this Assignment shall not operate nor be construed as a waiver of any such right and any waiver granted shall not operate as a waiver with respect to any subsequent breach. I. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be an original, but all of which together shall comprise one and the same instrument. Delivery of a copy of this Assignment or such other document bearing an original signature by facsimile transmission, by electronic mail in "portable document format" (".pdf') form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing the original signature. [Remainder of page left intentionally blank.] 3 IN WITNESS WHEREOF, the parties have set their hands to this Assignment and Assumption of Lease as of the day and year first written above. Assignor: PSNCF1, LLC By: L"I-�w Kevin Chen, Manager Buyer: PANDA SOLAR NC 9, LLC By: CQiU Y2- 64'- Kevin Chen, Manager [Signature page to Assignment andAssumption ofLeasej