R-067-23 Approve Second Amendment to Drews Substation Lease Agreement Between the City of Colton and Colton Power LLC and Amending the Fiscal Year 2022/2023 Revenue Budget

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confidentia John Burke Scetiabank • Dec 23.2015 14:45 CITY OF COLTON DREWS SUBSTATION LEASE AGREEMENT • WITH ALLIANCE COLTON,LLC • 1. PARTIES AND DATE. This Lease Agreement ("Agreement") is made and entered into this 6th day of December, 2000 ("Effective Date")by and between the City of Colton (hereinafter referred to as "City"), a municipal corporation, and Alliance Colton,LLC(hereinafter referred to as"Lessee"),a California corporation. The City and Lessee are sometimes collectively referred to herein as the"Parties." 2. RECITALS. 2.1 Premises. The City is the owner of that certain real property located at San Bernardino County Assessors Parcel Number 025808114,at 559 S.Pepper Avenue,south of Stover Avenue,in the City of Colton, County of San Bernardino, State of California, commonly known as the Drews Substation and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference("City Property"). The City desires to lease to Lessee and Lessee desires to lease from the City certain portions of the City Property more particularly described in Exhibit"B" attached hereto and incorporated herein by reference("Premises"). Lessee shall have the right to use the Premises for the purpose of installing, removing, replacing, modifying, maintaining, and operating electric generation facilities and equipment (collectively, "Lessee Facilities")in exchange for due and adequate consideration,the receipt and sufficiency of which are acknowledged by the Parties and further described and set forth in this Agreement. 2.2 Access. During the Term of this Agreement, as defined herein, Lessee shall have supervised access, including ingress and egress, to the Premises to•install, operate, maintain and remove the Lessee's Facilities,as defined below,under the following conditions: (1)Lessee shall give 24 hours prior written notice to City when requesting access (Written notice can include the lessee submitting a monthly schedule to the City identifying the timetable for access to Premises for routine operations and maintenance); (2) at the City's option,a City representative shall remain on the Premises during the period of access to Lessee; and(3)prior to and during the period of access, Lessee shall not be in default of any obligation under this Agreement. In the event the Lessee Facilities fail to operate,Lessee may have immediate supervised access to the Premises,provided such access does not disrupt City activities. The City shall not unreasonably deny access to Lessee in the event of such an emergency. Access will be provided to Lessee in those portions of the City Property that are specifically designed for access,ingress, and egress to the Premises. City of Colton Lease Agreement Execution Copy Page 1 • corfide€ltial John Burke Scotieb ank Dec 23,2015 14:45