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AVA COMMUNITY ENERGY
City of Pleasanton
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CITY CLERK
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LONG TERM AGREEMENT
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AVA COMMUNITY ENERGY
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2/6/2024 10:20:16 AM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
1/23/2023
LONG TERM AGREEMENTS - NAME
AVA COMMUNITY ENERGY
LONG TERM AGREEMENTS - TYPE
REAL PROPERTY LIC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
CHARGING STATION
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1 <br />AMENDMENT No. 1 TO CHARGING STATION MASTER SITE LICENSE AGREEMENT <br />This Amendment No. 1 (the “Amendment”) to the Agreement (as defined below), is dated as of January 23, <br />2023 (the “Amendment Effective Date”), between Ava Community Energy, a California joint powers <br />authority (formerly known as the East Bay Community Energy Authority) (“Ava”), and the City of <br />Pleasanton, a California municipal corporation (“Host”). Ava and Host are each a “Party” and together the <br />“Parties”. <br />RECITALS <br />A.The Parties entered into that certain Charging Station Master Site License Agreement, dated as of <br />November 2, 2022 (as may be further amended, amended and restated, supplemented or otherwise modified <br />from time to time in accordance with the terms thereof, the “Agreement”). <br />B.On October 24, 2023, Ava changed its name from the East Bay Community Energy Authority to <br />Ava Community Energy. <br />C.Now, the Parties wish to amend the Agreement to correct an error in the preamble, reflect Ava’s <br />name change, update Ava’s address, add language regarding public disclosure under the California Public <br />Records Act, and update specific requirements related to operation and maintenance set forth in Exhibit C to <br />the Agreement. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: <br />1.Definitions. Capitalized terms used and not defined in this Amendment have the respective <br />meanings assigned to them in the Agreement. <br />2.Amendments to the Agreement. <br />(a)In the preamble, the text “[City]” is hereby deleted and replaced with “the City of <br />Pleasanton”. <br />(b)All references to “the East Bay Community Energy Authority” are hereby deleted and <br />replaced with “Ava Community Energy”. <br />(c)All references to “EBCE” are hereby deleted and replaced with “Ava”. <br />(d)In Section 19.a (Notice), “Suite 800” is hereby deleted from Ava’s address and replaced <br />with “Suite 2300”. <br />(e)The following language is hereby added to the end of Section 19.e (Governing Law): “The <br />Parties acknowledge that this Agreement, and any future agreements between the Parties, <br />may be subject to public disclosure under the California Public Records Act.” <br />(f)In Exhibit C to the Agreement, the language following the first bullet point is hereby <br />deleted in its entirety and replace with the following: “Ava shall pursue the target of ninety- <br />seven percent (97%) average availability of Charging Stations at each site, in partnership <br />with its third-party operation and maintenance providers. If availability falls below the <br />ninety-seven percent (97%) target, Ava will work with third-party operations and <br />DocuSign Envelope ID: 6D84FE0A-F9E6-4E17-B713-673FC182FBC2DocuSign Envelope ID: 4FA918D4-020F-4CB3-A32A-6AE88B952B9F
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