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Solar Renewable Energy Credit (SREC) AgreementsCity of Dubuque City Council Meeting Action Items # 06. Copyrighted December 19, 2022 ITEM TITLE: Solar Renewable Energy Credit (SREC) Agreements SUMMARY: Solar Renewable Energy Credit (SREC) Agreements with Chris Berntgen, Rebecca Hoist, Bob McCurdy, Thomas Unsen, and Joan Wehrspann. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type SREC Agreement — Berntgen Supporting Documentation SREC Agreement Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation — Hoist SREC Agreement — McCurdy SREC Agreement — Unsen SREC Agreement - Wehspann SOLAR RENEWABLE ENERGY CREDIT (SREC) AGREEMENT BETWEEN THE CITY OF DUBUQUE AND Chris Berntgen THIS AGREEMENT dated for reference purposes the 30 day of September, 2022, is made and entered into by and between the of Dubuque, a municipal corporation (herein called the "City") and Chris Berntgen (herein called the "Seller"). WHEREAS, the Purchaser has prioritized sustainability and set the goal to reduce community -wide greenhouse gas emissions by 50% by 2030, including monitoring progress toward achieving goals and increasing equity; and WHEREAS, the Purchaser has deemed it to be in the public interest to provide financial assistance in furtherance of its sustainability goals for the organization and the community; and WHEREAS, the Purchaser has allocated a portion of the tax increment generated in the Greater Downtown Urban Renewal Area toward a pilot program called RenewDBQ, where financial assistance will be provided to qualifying low to moderate income Sellers for the installation of solar panels; and WHEREAS, the Seller will experience a reduced burden of energy costs; and WHEREAS, the Seller will provide the Purchaser with data, and access to data, on energy generation and savings resulting from the solar installation; and WHEREAS, RenewDBQ aligns with the Purchaser's comprehensive plan, equitable poverty prevention plan, and the climate action plan; and WHEREAS, the project will result in public health benefits, alleviate energy cost burden for Sellers, spark economic development, and assist the Purchaser in meeting its greenhouse gas reductions goals. NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: SECTION 1. SELLER RESPONSIBILITIES. A. Install solar panels on Seller's property located at 985 W. Locust (herein called the "Property") using SREC payment from Purchaser, grants, financing or other means by September 30, 2022. B. Commit to generating energy from said solar panels at the Property for a period of no less than fifteen (15) years. C. Provide authorization to Purchaser for access to Seller's utility data at the Property for sixteen (16) years from the date of this Agreement. Said authorizations, attached as Exhibit A shall be signed and provided by Seller upon signing of this Agreement. D. Seller acknowledges the estimates for energy generation and savings as the Property as shown in Exhibit B are estimates and not guarantees. E. Seller acknowledges and understands there will be no additional compensation from Purchaser in the event the solar panels at the Property deviate from projection estimates. SECTION 2. PURCHASER RESPONSIBILITIES. A. Purchaser shall provide compensation to Seller in the amount of $1,345.66 toward the installation of solar panels on the property at the Property in the form of payment in exchange for solar renewable energy certificates (SREC). B. Review of the energy generation and savings at the Property on an ongoing basis, and no less than annually. C. Purchaser acknowledges the estimates for energy generation and savings as shown in Exhibit B are estimates and not guarantees. There shall be no claw back of funds granted to Seller for the installation of solar products at the Property. SECTION 3. BINDING EFFECT. The Parties acknowledge and understand this agreement shall be binding on each parties' heirs, successors, and assigns. SECTION 4. NO THIRD -PARTY LIABILITY. The Parties acknowledge this Agreement may only be enforced against the named parties hereto. All claims or causes of action (whether in contract or tort) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), may be made only against the entities that are expressly identified as parties hereto; and no past, present or future director, officer, employee, incorporator, member, partner, stockholder, affiliate, agent, attorney or representative of any party hereto, unless party to this Agreement, shall have any liability or obligation with respect to this Agreement or with respect any claim or cause of action whether in contract or tort that may arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement. Seller acknowledges and agrees that Purchaser is not a party to any contract between Seller and any installer or contractor. Seller will indemnify and hold Purchaser harmless from any claim of any installer or contractor arising from the contract between Seller and installer or contractor if a claim is made against Purchaser. 2 SECTION 5. HOLD HARMLESS AND INDEMNIFICATION. The Seller, its agents and any assignees shall agree to hold harmless and indemnify the Purchaser and its agents, officials and employees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors, or omissions of the Seller. The Purchaser, its agents, employees, and any assignees agree to hold harmless and indemnify Seller and its agents and any assignees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors, or omissions of the Purchaser. SECTION 6. INSURANCE AND BONDING. The Seller shall carry a minimum of a HO-2 policy of homeowners insurance to protect the Property. from loss. SECTION 7. ASSIGNABILITY. Seller may assign or transfer their interest in this Agreement. Notice of any such assignment or transfer shall be furnished promptly to the Purchaser. Said notice shall occur within five (5) business days. SECTION 8. REMEDIES FOR NON-COMPLIANCE AND TERMINATION. If the Purchaser at any time determines the Seller materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein, the Purchaser may seek specific performance in Iowa District Court in and for Dubuque County. SECTION 9. WAIVER. No conditions or provisions of this Agreement can be waived unless approved by the Purchaser in writing. The Purchaser's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach will not constitute a waiver of any rights under this Agreement. SECTION 10. DESIGNATION OF OFFICIALS. Purchaser designates the Sustainability Coordinator to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define Purchaser's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Seller has been advised in writing by Purchaser that such authority has been revoked. SECTION 11. ENTIRE AGREEMENT. This instrument along with any exhibits contain the entire agreement between the parties. Any statements, inducements or promises not contained will not be binding upon the parties. This Agreement will be binding upon the successors. SECTION 12. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. 3 SECTION 13. NOTICES. Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. To Purchaser: City of Dubuque Attn: Gina Bell, Sustainability Coordinator 50 West 13th Street Dubuque, IA 52001 To Seller: Chris Berntgen 985 W. Locust Dubuque, IA 52001 SECTION 14. Governing Law. This Agreement is a contract executed under and to be construed under the laws of the State of Iowa. Any legal action arising out of or related to this Agreement shall be brought in a court of competent jurisdiction in Dubuque County, Iowa. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the13th day of December .2022. CITY OF DUBUQUE, IOWA 50 West 13th Street Dubuque, Iowa 52001 By: k�4 6ffii�v Micha I C. Van Milligen, City Manager Attest: By: /�, Adrienne Breitfelder, City Clerk 0 Chris Berntgen 985 W. Locust Dubuque, IA 52001 By: IV LIST OF EXHIBITS EXHIBIT A: UTILITY AUTHORIZATION FORMS EXHIBIT B: GENERATION & SAVINGS ESTIMATES EXHIBIT C: PV SYSTEM DETAILS EXHIBIT D: PRODUCTION MODEL AND SHADING MODEL EXHIBIT A UTILITY AUTHORIZATION FORMS See interconnection-Berntgen, Chris -Interconnection -new pdf --On file in Sustainability office EXHIBIT B SOLAR RENEWABLE ENERGY CERTIFICATES CALCULATIONS Address of solar array/system: 1 SREC = 1,000 kilowatt-hours (kWh) of LMI/Iowa-grown Solar Power Given the size of your system (xx kW), you will generate roughly xxx sRECs per year for X years and the Purchaser agrees to pay YY for this estimated generation. Chris Bertgen 985 w. Locust Street First Year Output (kWh) 2,326 SREC Price ($/MWh) $ 79.16 Yr1 2,326 [ Yr2 2,314 Yr3 2,303 Yr4 2,291 Yr5 2,280 Yr6 2,268 Yr7 2,257 Yr8 2,246 Yr9 2,235 Yr10 2,223 Yr11 2,212 Yr12 2,201 Yr13 2,190 Yr14 2,179 Yr15 2,168 Tota 1 33,695 Estimated SREC QTY 34 *Estimated Outflow (Owned By Utility) 17 Estimated Net SREC QTY 17 SREC $ $ 1,334 Net $ to Customer $ 1,334 * Alliant will own the Outflow RECs so we will need to guess what percentage will be exported 7 EXHIBIT C PV SYSTEM DETAILS One line diagram and Plot Plan — see Contract — Berntgen Chris-JAP 5/31/22 pdf --On file in Sustainability office EXHIBIT D PRODUCTION MODEL AND SHADING MODEL Production Model exhibit and a shading model see- Berntgen, Chris- PSA Report- AW 5.2.22 --On file in Sustainability office SOLAR RENEWABLE ENERGY CREDIT (SREC) AGREEMENT BETWEEN THE CITY OF DUBUQUE AND Rebecca Hoist THIS AGREEMENT dated for reference purposes the 30 day of September 2022, is made and entered into by and between the of Dubuque, a municipal corporation (herein called the "City") and Rebecca Hoist (herein called the "Seller"). WHEREAS, the Purchaser has prioritized sustainability and set the goal to reduce community -wide greenhouse gas emissions by 50% by 2030, including monitoring progress toward achieving goals and increasing equity; and WHEREAS, the Purchaser has deemed it to be in the public interest to provide financial assistance in furtherance of its sustainability goals for the organization and the community; and WHEREAS, the Purchaser has allocated a portion of the tax increment generated in the Greater Downtown Urban Renewal Area toward a pilot program called RenewDBQ, where financial assistance will be provided to qualifying low to moderate income Sellers for the installation of solar panels; and WHEREAS, the Seller will experience a reduced burden of energy costs; and WHEREAS, the Seller will provide the Purchaser with data, and access to data, on energy generation and savings resulting from the solar installation; and WHEREAS, RenewDBQ aligns with the Purchaser's comprehensive plan, equitable poverty prevention plan, and the climate action plan; and WHEREAS, the project will result in public health benefits, alleviate energy cost burden for Sellers, spark economic development, and assist the Purchaser in meeting its greenhouse gas reductions goals. NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: SECTION 1. SELLER RESPONSIBILITIES. A. Install solar panels on Seller's property located at 2250 Central (herein called the "Property") using SREC payment from Purchaser, grants, financing or other means by September 30, 2022. B. Commit to generating energy from said solar panels at the Property for a period of no less than fifteen (15) years. C. Provide authorization to Purchaser for access to Seller's utility data at the Property for sixteen (16) years from the date of this Agreement. Said authorizations, attached as Exhibit A shall be signed and provided by Seller upon signing of this Agreement. D. Seller acknowledges the estimates for energy generation and savings as the Property as shown in Exhibit B are estimates and not guarantees. E. Seller acknowledges and understands there will be no additional compensation from Purchaser in the event the solar panels at the Property deviate from projection estimates. SECTION 2. PURCHASER RESPONSIBILITIES. A. Purchaser shall provide compensation to Seller in the amount of $3,878.67 toward the installation of solar panels on the property at the Property in the form of payment in exchange for solar renewable energy certificates (SREC). B. Review of the energy generation and savings at the Property on an ongoing basis, and no less than annually. C. Purchaser acknowledges the estimates for energy generation and savings as shown in Exhibit B are estimates and not guarantees. There shall be no claw back of funds granted to Seller for the installation of solar products at the Property. SECTION 3. BINDING EFFECT. The Parties acknowledge and understand this agreement shall be binding on each parties' heirs, successors, and assigns. SECTION 4. NO THIRD -PARTY LIABILITY. The Parties acknowledge this Agreement may only be enforced against the named parties hereto. All claims or causes of action (whether in contract or tort) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), may be made only against the entities that are expressly identified as parties hereto; and no past, present or future director, officer, employee, incorporator, member, partner, stockholder, affiliate, agent, attorney or representative of any party hereto, unless party to this Agreement, shall have any liability or obligation with respect to this Agreement or with respect any claim or cause of action whether in contract or tort that may arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement. Seller acknowledges and agrees that Purchaser is not a party to any contract between Seller and any installer or contractor. Seller will indemnify and hold Purchaser harmless from any claim of any installer or contractor arising from the contract between Seller and installer or contractor if a claim is made against Purchaser. 2 SECTION 5. HOLD HARMLESS AND INDEMNIFICATION. The Seller, its agents and any assignees shall agree to hold harmless and indemnify the Purchaser and its agents, officials and employees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors, or omissions of the Seller. The Purchaser, its agents, employees, and any assignees agree to hold harmless and indemnify Seller and its agents and any assignees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors, or omissions of the Purchaser. SECTION 6. INSURANCE AND BONDING. The Seller shall carry a minimum of a HO-2 policy of homeowners insurance to protect the Property. from loss. SECTION 7. ASSIGNABILITY. Seller may assign or transfer their interest in this Agreement. Notice of any such assignment or transfer shall be furnished promptly to the Purchaser. Said notice shall occur within five (5) business days. SECTION 8. REMEDIES FOR NON-COMPLIANCE AND TERMINATION. If the Purchaser at any time determines the Seller materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein, the Purchaser may seek specific performance in Iowa District Court in and for Dubuque County. SECTION 9. WAIVER. No conditions or provisions of this Agreement can be waived unless approved by the Purchaser in writing. The Purchaser's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach will not constitute a waiver of any rights under this Agreement. SECTION 10. DESIGNATION OF OFFICIALS. Purchaser designates the Sustainability Coordinator to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define Purchaser's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Seller has been advised in writing by Purchaser that such authority has been revoked. SECTION 11. ENTIRE AGREEMENT. This instrument along with any exhibits contain the entire agreement between the parties. Any statements, inducements or promises not contained will not be binding upon the parties. This Agreement will be binding upon the successors. SECTION 12. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. 3 SECTION 13. NOTICES. Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. To Purchaser: City of Dubuque Attn: Gina Bell, Sustainability Coordinator 50 West 13th Street Dubuque, IA 52001 To Seller: Rebecca Hoist 2250 Central Avenue Dubuque, IA 52001 SECTION 14. Governing Law. This Agreement is a contract executed under and to be construed under the laws of the State of Iowa. Any legal action arising out of or related to this Agreement shall be brought in a court of competent jurisdiction in Dubuque County, Iowa. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the 13th day of December _ .2022. CITY OF DUBUQUE, IOWA 50 West 13th Street Dubuque, Iowa 52001 VkW4 Ant— ha6l C. Van Milligen, ity Ma ger Attest: By:. Adrienne brellTelder, City Clem Rebecca Hoist 2250 Central Avenue Dubuque, IA 52001 By. 8 2 LIST OF EXHIBITS EXHIBIT A: UTILITY AUTHORIZATION FORMS EXHIBIT B: GENERATION & SAVINGS ESTIMATES EXHIBIT C: PV SYSTEM DETAILS EXHIBIT D: PRODUCTION MODEL AND SHADING MODEL 5 EXHIBIT A UTILITY AUTHORIZATION FORMS See Hoist, Rebecca- interconnection.pdf --On file in Sustainability office EXHIBIT B SOLAR RENEWABLE ENERGY CERTIFICATES CALCULATIONS Address of solar array/system: 1 SREC = 1,000 kilowatt-hours (kWh) of LMI/Iowa-grown Solar Power Given the size of your system (xx kW), you will generate roughly xxx sRECs per year for X years and the Purchaser agrees to pay YY for this estimated generation. Furst Year Ctu1pu 6,741 SREC Price ($/M $ 80.00 Group Alatt $2.233450 Yr1 6,741 Yr2 6,707 Yr3 6,674 Yr4 6,640 Yr5 6,607 Yr6 6,574 Yr7 6,541 Yr8 6,509 Yr9 6,476 Yr10 6,444 Yr11 6,411 Yr12 6,379 Yr13 6,347 Yr14 6,316 Yr15 6,284 Total 97,652 Estimated SREC c 98 *Estimated outtl 49 Estimated Net SF 49 SREC 1 S 3,906 Net.$ to Custom $ 3,906 * Alliant will own, the Outflow RECs so we will need to guess what oercentage will be exported 7 EXHIBIT C PV SYSTEM DETAILS include One line diagram and Plot Plan — see Hoist, Rebecca- Plot Plan.pdf and Rebecca Hoist Solar Construction Contract --On file in Sustainability office E:3 EXHIBIT D PRODUCTION MODEL AND SHADING MODEL Production Model exhibit and a shading model- see RebeccaHoist-Hoist-psa.pdf --On file in Sustainability office SOLAR RENEWABLE ENERGY CREDIT (SREC) AGREEMENT BETWEEN THE CITY OF DUBUQUE AND Bob McCurdy THIS AGREEMENT dated for reference purposes the 30 day of September, 2022, is made and entered into by and between the of Dubuque, a municipal corporation (herein called the "City") and Bob McCurdy (herein called the "Seller"). WHEREAS, the Purchaser has prioritized sustainability and set the goal to reduce community -wide greenhouse gas emissions by 50% by 2030, including monitoring progress toward achieving goals and increasing equity; and WHEREAS, the Purchaser has deemed it to be in the public interest to provide financial assistance in furtherance of its sustainability goals for the organization and the community; and WHEREAS, the Purchaser has allocated a portion of the tax increment generated in the Greater Downtown Urban Renewal Area toward a pilot program called RenewDBQ, where financial assistance will be provided to qualifying low to moderate income Sellers for the installation of solar panels; and WHEREAS, the Seller will experience a reduced burden of energy costs; and WHEREAS, the Seller will provide the Purchaser with data, and access to data, on energy generation and savings resulting from the solar installation; and WHEREAS, RenewDBQ aligns with the Purchaser's comprehensive plan, equitable poverty prevention plan, and the climate action plan; and WHEREAS, the project will result in public health benefits, alleviate energy cost burden for Sellers, spark economic development, and assist the Purchaser in meeting its greenhouse gas reductions goals. NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: SECTION 1. SELLER RESPONSIBILITIES. A. Install solar panels on Seller's property located at 2167 Jackson Street (herein called the "Property") using SREC payment from Purchaser, grants, financing or other means by September 30, 2022. B. Commit to generating energy from said solar panels at the Property for a period of no less than fifteen (15) years. C. Provide authorization to Purchaser for access to Seller's utility data at the Property for sixteen (16) years from the date of this Agreement. Said authorizations, attached as Exhibit A shall be signed and provided by Seller upon signing of this Agreement. D. Seller acknowledges the estimates for energy generation and savings as the Property as shown in Exhibit B are estimates and not guarantees. E. Seller acknowledges and understands there will be no additional compensation from Purchaser in the event the solar panels at the Property deviate from projection estimates. SECTION 2. PURCHASER RESPONSIBILITIES. A. Purchaser shall provide compensation to Seller in the amount of $4,432.77 toward the installation of solar panels on the property at the Property in the form of payment in exchange for solar renewable energy certificates (SREC). B. Review of the energy generation and savings at the Property on an ongoing basis, and no less than annually. C. Purchaser acknowledges the estimates for energy generation and savings as shown in Exhibit B are estimates and not guarantees. There shall be no claw back of funds granted to Seller for the installation of solar products at the Property. SECTION 3. BINDING EFFECT. The Parties acknowledge and understand this agreement shall be binding on each parties' heirs, successors, and assigns. SECTION 4. NO THIRD -PARTY LIABILITY. The Parties acknowledge this Agreement may only be enforced against the named parties hereto. All claims or causes of action (whether in contract or tort) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), may be made only against the entities that are expressly identified as parties hereto; and no past, present or future director, officer, employee, incorporator, member, partner, stockholder, affiliate, agent, attorney or representative of any party hereto, unless party to this Agreement, shall have any liability or obligation with respect to this Agreement or with respect any claim or cause of action whether in contract or tort that may arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement. Seller acknowledges and agrees that Purchaser is not a party to any contract between Seller and any installer or contractor. Seller will indemnify and hold Purchaser harmless from any claim of any installer or contractor arising from the contract between Seller and installer or contractor if a claim is made against Purchaser. 2 SECTION 5. HOLD HARMLESS AND INDEMNIFICATION. The Seller, its agents and any assignees shall agree to hold harmless and indemnify the Purchaser and its agents, officials and employees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors, or omissions of the Seller. The Purchaser, its agents, employees, and any assignees agree to hold harmless and indemnify Seller and its agents and any assignees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors, or omissions of the Purchaser. SECTION 6. INSURANCE AND BONDING. The Seller shall carry a minimum of a HO-2 policy of homeowners insurance to protect the Property. from loss. SECTION 7. ASSIGNABILITY. Seller may assign or transfer their interest in this Agreement. Notice of any such assignment or transfer shall be furnished promptly to the Purchaser. Said notice shall occur within five (5) business days. SECTION 8. REMEDIES FOR NON-COMPLIANCE AND TERMINATION. If the Purchaser at any time determines the Seller materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein, the Purchaser may seek specific performance in Iowa District Court in and for Dubuque County. SECTION 9. WAIVER. No conditions or provisions of this Agreement can be waived unless approved by the Purchaser in writing. The Purchaser's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach will not constitute a waiver of any rights under this Agreement. SECTION 10. DESIGNATION OF OFFICIALS. Purchaser designates the Sustainability Coordinator to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define Purchaser's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Seller has been advised in writing by Purchaser that such authority has been revoked. SECTION 11. ENTIRE AGREEMENT. This instrument along with any exhibits contain the entire agreement between the parties. Any statements, inducements or promises not contained will not be binding upon the parties. This Agreement will be binding upon the successors. SECTION 12. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. 3 SECTION 13. NOTICES. Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. To Purchaser: City of Dubuque Attn: Gina Bell, Sustainability Coordinator 50 West 13th Street Dubuque, IA 52001 To Seller: Bob McCurdy 2167 Jackson Street Dubuque, IA 52001 SECTION 14. Governing Law. This Agreement is a contract executed under and to be construed under the laws of the State of Iowa. Any legal action arising out of or related to this Agreement shall be brought in a court of competent jurisdiction in Dubuque County, Iowa. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the 13th day of December , 2022. CITY OF DUBUQUE, IOWA 50 West 13th Street Dubuque, Iowa 52001 By: Micha I C. Van Milligen, City Manager Attest By: /�/, Adrienne Breitfelder, City Clerk Bob McCurdy 2167 Jackson Street Dubuque, IA 52001 By: j,4'4'� d"�' C! LIST OF EXHIBITS EXHIBIT A: UTILITY AUTHORIZATION FORMS EXHIBIT B: GENERATION & SAVINGS ESTIMATES EXHIBIT C: PV SYSTEM DETAILS EXHIBIT D: PRODUCTION MODEL AND SHADING MODEL EXHIBIT A UTILITY AUTHORIZATION FORMS See interconnection -new pdf EXHIBIT B SOLAR RENEWABLE ENERGY CERTIFICATES CALCULATIONS Address of solar array/system: 1 SREC = 1,000 kilowatt-hours (kWh) of LMI/Iowa-grown Solar Power Given the size of your system (xx kW), you will generate roughly xxx sRECs per year for X years and the Purchaser agrees to pay YY for this estimated generation. Chris Bertgen 985 W. Locust Street First Year Output (kWh) 2,326 SREC Price ($/MWh) $ 79.16 Yr1 2,326 [ Yr2 2,314 Yr3 2,303 Yr4 2,291 YrS 2,280 Yr6 2,268 Yr7 2,257 Yr8 2,246 Yr9 2,235 Yr10 2,223 Yr11 2,212 Yr12 2,201 Yr13 2,190 Yr14 2,179 Yr15 2,168 Total 33,695 Estimated SREC QTY 34 *Estimated Outflow (Owned By Utility) 17 Estimated Net SREC QTY 17 SREC $ 1 $ 1,334 Net $ to Customer $ 1,334 * Alliant will own the Outflow RECs so we will need to guess what percentage will be exported 7 EXHIBIT C PV SYSTEM DETAILS include One line diagram and Plot Plan — see Contract — JAP 5/31/22 pdf EXHIBIT D PRODUCTION MODEL AND SHADING MODEL Production Model exhibit and a shading model (to show assumptions) SOLAR RENEWABLE ENERGY CREDIT (SREC) AGREEMENT BETWEEN THE CITY OF DUBUQUE AND Thomas Unsen THIS AGREEMENT dated for reference purposes the 30 day of September 2022, is made and entered into by and between the of Dubuque, a municipal corporation (herein called the "City") and Thomas Unsen (herein called the "Seller"). WHEREAS, the Purchaser has prioritized sustainability and set the goal to reduce community -wide greenhouse gas emissions by 50% by 2030, including monitoring progress toward achieving goals and increasing equity; and WHEREAS, the Purchaser has deemed it to be in the public interest to provide financial assistance in furtherance of its sustainability goals for the organization and the community; and WHEREAS, the Purchaser has allocated a portion of the tax increment generated in the Greater Downtown Urban Renewal Area toward a pilot program called RenewDBO, where financial assistance will be provided to qualifying low to moderate income Sellers for the installation of solar panels; and WHEREAS, the Seller will experience a reduced burden of energy costs; and WHEREAS, the Seller will provide the Purchaser with data, and access to data, on energy generation and savings resulting from the solar installation; and WHEREAS, RenewDBQ aligns with the Purchaser's comprehensive plan, equitable poverty prevention plan, and the climate action plan; and WHEREAS, the project will result in public health benefits, alleviate energy cost burden for Sellers, spark economic development, and assist the Purchaser in meeting its greenhouse gas reductions goals. NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: SECTION 1. SELLER RESPONSIBILITIES. A. Install solar panels on Seller's property located at 2240 Prince Street (herein called the "Property") using SREC payment from Purchaser, grants, financing or other means by September 30, 2022. B. Commit to generating energy from said solar panels at the Property for a period of no less than fifteen (15) years. C. Provide authorization to Purchaser for access to Seller's utility data at the Property for sixteen (16) years from the date of this Agreement. Said authorizations, attached as Exhibit A shall be signed and provided by Seller upon signing of this Agreement. D. Seller acknowledges the estimates for energy generation and savings as the Property as shown in Exhibit B are estimates and not guarantees. E. Seller acknowledges and understands there will be no additional compensation from Purchaser in the event the solar panels at the Property deviate from projection estimates. SECTION 2. PURCHASER RESPONSIBILITIES. A. Purchaser shall provide compensation to Seller in the amount of $5,540.96 toward the installation of solar panels on the property at the Property in the form of payment in exchange for solar renewable energy certificates (SREC). B. Review of the energy generation and savings at the Property on an ongoing basis, and no less than annually. C. Purchaser acknowledges the estimates for energy generation and savings as shown in Exhibit B are estimates and not guarantees. There shall be no claw back of funds granted to Seller for the installation of solar products at the Property. SECTION 3. BINDING EFFECT. The Parties acknowledge and understand this agreement shall be binding on each parties' heirs, successors, and assigns. SECTION 4. NO THIRD -PARTY LIABILITY. The Parties acknowledge this Agreement may only be enforced against the named parties hereto. All claims or causes of action (whether in contract or tort) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), may be made only against the entities that are expressly identified as parties hereto; and no past, present or future director, officer, employee, incorporator, member, partner, stockholder, affiliate, agent, attorney or representative of any party hereto, unless party to this Agreement, shall have any liability or obligation with respect to this Agreement or with respect any claim or cause of action whether in contract or tort that may arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement. Seller acknowledges and agrees that Purchaser is not a party to any contract between Seller and any installer or contractor. Seller will indemnify and hold Purchaser harmless from any claim of any installer or contractor arising from the contract between Seller and installer or contractor if a claim is made against Purchaser. 2 SECTION 5. HOLD HARMLESS AND INDEMNIFICATION. The Seller, its agents and any assignees shall agree to hold harmless and indemnify the Purchaser and its agents, officials and employees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors, or omissions of the Seller. The Purchaser, its agents, employees, and any assignees agree to hold harmless and indemnify Seller and its agents and any assignees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors, or omissions of the Purchaser. SECTION 6. INSURANCE AND BONDING. The Seller shall carry a minimum of a HO-2 policy of homeowners insurance to protect the Property. from loss. SECTION 7. ASSIGNABILITY. Seller may assign or transfer their interest in this Agreement. Notice of any such assignment or transfer shall be furnished promptly to the Purchaser. Said notice shall occur within five (5) business days. SECTION 8. REMEDIES FOR NON-COMPLIANCE AND TERMINATION. If the Purchaser at any time determines the Seller materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein, the Purchaser may seek specific performance in Iowa District Court in and for Dubuque County. SECTION 9. WAIVER. No conditions or provisions of this Agreement can be waived unless approved by the Purchaser in writing. The Purchaser's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach will not constitute a waiver of any rights under this Agreement. SECTION 10. DESIGNATION OF OFFICIALS. Purchaser designates the Sustainability Coordinator to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define Purchaser's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Seller has been advised in writing by Purchaser that such authority has been revoked. SECTION 11. ENTIRE AGREEMENT. This instrument along with any exhibits contain the entire agreement between the parties. Any statements, inducements or promises not contained will not be binding upon the parties. This Agreement will be binding upon the successors. SECTION 12. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. 3 SECTION 13. NOTICES. Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. To Purchaser: City of Dubuque Attn: Gina Bell, Sustainability Coordinator 50 West 13th Street Dubuque, IA 52001 To Seller: Thomas Unsen 2240 Prince Street Dubuque, IA 52001 SECTION 14. Governing Law. This Agreement is a contract executed under and to be construed under the laws of the State of Iowa. Any legal action arising out of or related to this Agreement shall be brought in a court of competent jurisdiction in Dubuque County, Iowa. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the 13th day of December , 2022. CITY OF DUBUQUE, IOWA 50 West 13th Street Dubuque, Iowa 52001 By. I�IAA4 k�w la-Ae"k— MichaA C. Van Milligen, dity Manager Attest: By: //�, Adrienne Breitfelder, CitAerk��' Thomas Unsen 2240 Prince Street Dubuque, IA 52001 Y 59 LIST OF EXHIBITS EXHIBIT A: UTILITY AUTHORIZATION FORMS EXHIBIT B: GENERATION & SAVINGS ESTIMATES EXHIBIT C: PV SYSTEM DETAILS EXHIBIT D: PRODUCTION MODEL AND SHADING MODEL EXHIBIT A UTILITY AUTHORIZATION FORMS See Unsen, Thomas- interconnection.pdf --On file in Sustainability office EXHIBIT B SOLAR RENEWABLE ENERGY CERTIFICATES CALCULATIONS Address of solar array/system: 1 SREC = 1,000 kilowatt-hours (kWh) of LMI/Iowa-grown Solar Power Given the size of your system (xx kW), you will generate roughly xxx sRECs per year for X years and the Purchaser agrees to pay YY for this estimated generation. -st Year OLItPLI1 9,689 Yr1 9,689 Yr2 9,641 :EC Price ($/M 80.00 Yr3 9,592 Yr4 9,544 Yr5 9,497 Yr6 9,449 Yr7 9,402 Yr8 9,355 Yr9 9,308 Yr10 9,262 Yr11 9,215 Yr 12 9,169 Yr13 9,123 Yr14 9,078 Yr15 9,032 Total 140,357 Estimated SREC c 140 *Estimated Outfl 70 Estimated Net SF 70 SREC $ 1 $ 5,614 Net $ to Custom $ 5,614 4lliant will own the Outflovi RECs so we will need to euess what oercentaee will be exported 7 EXHIBIT C PV SYSTEM DETAILS include One line diagram and Plot Plan — see Unsen, Thomas- Plot Plan.pdf and Thomas Unsen Solar Construction Contract --On file in Sustainability office EXHIBIT D PRODUCTION MODEL AND SHADING MODEL Production Model exhibit and a shading model- see ThomasUnsen-psa.pdf --On file in Sustainability office SOLAR RENEWABLE ENERGY CREDIT (SREC) AGREEMENT BETWEEN THE CITY OF DUBUQUE AND Joan Wehspann THIS AGREEMENT dated for reference purposes the 30 day of September, 2022, is made and entered into by and between the of Dubuque, a municipal corporation (herein called the "City") and Joan Wehspann (herein called the "Seller"). WHEREAS, the Purchaser has prioritized sustainability and set the goal to reduce community -wide greenhouse gas emissions by 50% by 2030, including monitoring progress toward achieving goals and increasing equity; and WHEREAS, the Purchaser has deemed it to be in the public interest to provide financial assistance in furtherance of its sustainability goals for the organization and the community; and WHEREAS, the Purchaser has allocated a portion of the tax increment generated in the Greater Downtown Urban Renewal Area toward a pilot program called RenewDBQ, where financial assistance will be provided to qualifying low to moderate income Sellers for the installation of solar panels; and WHEREAS, the Seller will experience a reduced burden of energy costs; and WHEREAS, the Seller will provide the Purchaser with data, and access to data, on energy generation and savings resulting from the solar installation; and WHEREAS, RenewDBQ aligns with the Purchaser's comprehensive plan, equitable poverty prevention plan, and the climate action plan; and WHEREAS, the project will result in public health benefits, alleviate energy cost burden for Sellers, spark economic development, and assist the Purchaser in meeting its greenhouse gas reductions goals. NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: SECTION 1. SELLER RESPONSIBILITIES. A. Install solar panels on Seller's property located at 1388 Thomas Place (herein called the "Property") using SREC payment from Purchaser, grants, financing or other means by September 30, 2022. B. Commit to generating energy from said solar panels at the Property for a period of no less than fifteen (15) years. C. Provide authorization to Purchaser for access to Seller's utility data at the Property for sixteen (16) years from the date of this Agreement. Said authorizations, attached as Exhibit A shall be signed and provided by Seller upon signing of this Agreement. D. Seller acknowledges the estimates for energy generation and savings as the Property as shown in Exhibit B are estimates and not guarantees. E. Seller acknowledges and understands there will be no additional compensation from Purchaser in the event the solar panels at the Property deviate from projection estimates. SECTION 2. PURCHASER RESPONSIBILITIES. A. Purchaser shall provide compensation to Seller in the amount of $3,878.67 toward the installation of solar panels on the property at the Property in the form of payment in exchange for solar renewable energy certificates (SREC). B. Review of the energy generation and savings at the Property on an ongoing basis, and no less than annually. C. Purchaser acknowledges the estimates for energy generation and savings as shown in Exhibit B are estimates and not guarantees. There shall be no claw back of funds granted to Seller for the installation of solar products at the Property. SECTION 3. BINDING EFFECT. The Parties acknowledge and understand this agreement shall be binding on each parties' heirs, successors, and assigns. SECTION 4. NO THIRD -PARTY LIABILITY. The Parties acknowledge this Agreement may only be enforced against the named parties hereto. All claims or causes of action (whether in contract or tort) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), may be made only against the entities that are expressly identified as parties hereto; and no past, present or future director, officer, employee, incorporator, member, partner, stockholder, affiliate, agent, attorney or representative of any party hereto, unless party to this Agreement, shall have any liability or obligation with respect to this Agreement or with respect any claim or cause of action whether in contract or tort that may arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement. Seller acknowledges and agrees that Purchaser is not a party to any contract between Seller and any installer or contractor. Seller will indemnify and hold Purchaser harmless from any claim of any installer or contractor arising from the contract between Seller and installer or contractor if a claim is made against Purchaser. 01 SECTION 5. HOLD HARMLESS AND INDEMNIFICATION. The Seller, its agents and any assignees shall agree to hold harmless and indemnify the Purchaser and its agents, officials and employees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors, or omissions of the Seller. The Purchaser, its agents, employees, and any assignees agree to hold harmless and indemnify Seller and its agents and any assignees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors, or omissions of the Purchaser. SECTION 6. INSURANCE AND BONDING. The Seller shall carry a minimum of a HO-2 policy of homeowners insurance to protect the Property. from loss. SECTION 7. ASSIGNABILITY. Seller may assign or transfer their interest in this Agreement. Notice of any such assignment or transfer shall be furnished promptly to the Purchaser. Said notice shall occur within five (5) business days. SECTION 8. REMEDIES FOR NON-COMPLIANCE AND TERMINATION. If the Purchaser at any time determines the Seller materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein, the Purchaser may seek specific performance in Iowa District Court in and for Dubuque County. SECTION 9. WAIVER. No conditions or provisions of this Agreement can be waived unless approved by the Purchaser in writing. The Purchaser's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach will not constitute a waiver of any rights under this Agreement. SECTION 10. DESIGNATION OF OFFICIALS. Purchaser designates the Sustainability Coordinator to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define Purchaser's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Seller has been advised in writing by Purchaser that such authority has been revoked. SECTION 11. ENTIRE AGREEMENT. This instrument along with any exhibits contain the entire agreement between the parties. Any statements, inducements or promises not contained will not be binding upon the parties. This Agreement will be binding upon the successors. SECTION 12. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. 3 SECTION 13. NOTICES. Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. To Purchaser: City of Dubuque Attn: Gina Bell, Sustainability Coordinator 50 West 13t" Street Dubuque, IA 52001 To Seller: Joan Wehspann 1388 Thomas Place Dubuque, IA 52001 SECTION 14. Governing Law. This Agreement is a contract executed under and to be construed under the laws of the State of Iowa. Any legal action arising out of or related to this Agreement shall be brought in a court of competent jurisdiction in Dubuque County, Iowa. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the 13th day of December , 2022. CITY OF DUBUQUE, IOWA 50 West 13t" Street Dubuque, Iowa 52001 By: Micha I C. Van Milligen City Manager Attest: By: /'�, Adrienne Breitfelder, City Clerk Joan Wehspann 1388 Thomas Place Dubuque, IA 52001 B: 21 LIST OF EXHIBITS EXHIBIT A: UTILITY AUTHORIZATION FORMS EXHIBIT B: GENERATION & SAVINGS ESTIMATES EXHIBIT C: PV SYSTEM DETAILS EXHIBIT D: PRODUCTION MODEL AND SHADING MODEL EXHIBIT A UTILITY AUTHORIZATION FORMS See Wehspann- Joan- interconnection pdf --On file in Sustainability office EXHIBIT B SOLAR RENEWABLE ENERGY CERTIFICATES CALCULATIONS Address of solar array/system: 1 SREC = 1,000 kilowatt-hours (kWh) of LMI/Iowa-grown Solar Power Given the size of your system (xx kW), you will generate roughly xxx sRECs per year for X years and the Purchaser agrees to pay YY for this estimated generation. First Year Outpu 6,724 SREC Price ($/M S 80.00 Group Watt S2.233450 Yrl 6,724 Yr2 6,690 Yr3 6,657 Yr4 6,624 Yr5 6,591 Yr6 6,558 Yr7 6,525 Yr8 6,492 Yr9 6,460 Yrl O 6,427 Yrl I 6,395 Yrl2 6,363 Yrl3 6,331 Yr14 6,300 Yrl 5 6,268 Total 97,405 Estimated SREC c 97 "Estimated Outfl 49 Estimated Net SF 49 SREC $ UL 3,896 Net $ to Custom $ 3,896 7 EXHIBIT C PV SYSTEM DETAILS include One line diagram and Plot Plan — see- Wehspann, Joan- Plot Plan pdf and Joan Wehspann Solar Construction Contract-pd.f --On file in Sustainability office EXHIBIT D PRODUCTION MODEL AND SHADING MODEL Production Model exhibit and a shading model- See JoanWehspann-PSA --On file in Sustainability office