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File #: 22-1061    Version: 1
Type: Resolution Status: Adopted
File created: 8/29/2022 In control: Finance & Governance Committee
On agenda: 9/19/2022 Final action: 9/19/2022
Title: A resolution approving a proposed Second Amendatory Agreement between the City and County of Denver and MFP CO II, LLC to clarify roles and responsibilities related to roof maintenance and repair. Amends the lease agreement with MFP CO II, LLC to clarify roles and responsibilities related to the roof maintenance and repair at the solar power generating facility located at 5440 Roslyn Street, Building C, in Council District 8. No change to lease amount or duration (RC-0A011-02/ GENRL-202262937-02). The last regularly scheduled Council meeting within the 30-day review period is on 10-10-2022. The Committee approved filing this item at its meeting on 9-6-2022.
Indexes: Mar'quasa Maes
Attachments: 1. GS_Executive Summary_Solar garden Lease amendments_MFP CO II LLC and MSP Master Tenant I LLC, 2. RR22-1061_GS_Roslyn MFP CO II, LLC_GENRL-202262937-02_RC-0A011-02_Resolution Request, 3. 22-1061 Filed Resolution_MFP CO II, LLC 202262937-02, 4. 22-1061 Second Amendatory Agreement_MFP CP II, LLC 202262937-02, 5. 22-1061 Filed Resolution_MFP CO II, LLC 202262937-02, 6. 22-1061 - signed

Contract Request Template (Contracts; IGAs; Leases)

 

Date Submitted: 9-5-2022

 

Requesting Agency: General Services

                               Division:

 

Subject Matter Expert Name: Nicol Suddreth
Email Address: Nicol.Suddreth@denvergov.org
Phone Number:

 

Item Title & Description:

(Do not delete the following instructions)

These appear on the Council meeting agenda. Initially, the requesting agency will enter a 2-3 sentence description. Upon bill filling, the City Attorney’s Office should enter the title above the description (the title should be in bold font).

 

Both the title and description must be entered between the red “title” and “body” below.  Do not at any time delete the red “title” or “body” markers from this template.

title

A resolution approving a proposed Second Amendatory Agreement between the City and County of Denver and MFP CO II, LLC to clarify roles and responsibilities related to roof maintenance and repair.

Amends the lease agreement with MFP CO II, LLC to clarify roles and responsibilities related to the roof maintenance and repair at the solar power generating facility located at 5440 Roslyn Street, Building C, in Council District 8. No change to lease amount or duration (RC-0A011-02/ GENRL-202262937-02).  The last regularly scheduled Council meeting within the 30-day review period is on 10-10-2022. The Committee approved filing this item at its meeting on 9-6-2022.

body

 

Affected Council District(s) or citywide? 8

 

Contract Control Number: RC-0A011-02/ GENRL-202262937-02

 

Vendor/Contractor Name (including any “DBA”): MFP CO II, LLC

 

Type and Scope of services to be performed:

 

Lease agreement between the City and County of Denver and MFP CO II, LLC was for the construction, operation and use of the constructed solar garden located at 5440 Roslyn Building C, Denver, CO. The terms of the lease agreement for this generating facility site are related to the power purchase agreement between both entities and the production of related services.   

 

 

Location (if applicable): 5440 Roslyn, Building C.

 

WBE/MBE/DBE goals that were applied, if applicable (construction, design, Airport concession contracts): N/A

 

Are WBE/MBE/DBE goals met (if applicable)?

 

Is the contract new/a renewal/extension or amendment? Amendment

 

Was this contractor selected by competitive process or sole source?

Competitive                      

For New contracts

Term of initial contract:

 

Options for Renewal:

                     How many renewals (i.e. up to 2 renewals)?

                     Term of any renewals (i.e. 1 year each):

 

Cost of initial contract term:

 

Cost of any renewals:

 

Total contract value council is approving if all renewals exercised:

 

For Amendments/Renewals Extensions:

Is this a change to cost/pricing; length of term; terms unrelated to time or price (List all that apply)?

Terms

If length changing

What was the length of the term of the original contract?

 

What is the length of the extension/renewal?

 

What is the revised total term of the contract?

 

If cost changing

What was the original value of the entire contract prior to this proposed change?

 

What is the value of the proposed change?

 

What is the new/revised total value including change?

 

If terms changing

Describe the change and the reason for it (i.e. compliance with state law, different way of doing business etc.)

The amendment to the lease agreement with MFP CO II, LLC is needed to clarify roles and responsibilities between the City and County of Denver and MFP CO II, LLC for the repair, maintenance and/or replacement work of the solar panels located at 5440 Roslyn Building C. Amendment will also include notification timelines the City is required to notify the Lessee of significant maintenance impacts of the premises. Lastly, the amendment includes a percentage breakdown of cost the City and Lessee are required to pay for maintenance, removal, storing and reinstallation of the generating facility.