General Information

Government Type

County

Entity

Wasatch County

Public Body

Wasatch County Council

Notice Information

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Notice Title

Amended Written Agreement

Notice Type(s)

Notice

Event Start Date & Time

September 25, 2026 11:30 AM

Event End Date & Time

October 16, 2016 11:30 AM

Description/Agenda

FIRST AMENDMENT TO WRITTEN AGREEMENT This FIRST AMENDMENT TO WRITTEN AGREEMENT (this 'First Amendment') is entered into this September 25, 2026 (the 'Effective Date'), between WASATCH COUNTY, UTAH, a political subdivision duly organized and validly existing under the laws of the State of Utah (the 'Local Entity') and PACE INVADERS T2, a Delaware trust (including its designee, successors and assigns, the 'Lender'), as successor in interest to PACE Invaders IV, LLC, a Delaware limited liability company. R E C I T A L S: 1. Pursuant to the terms of that certain Written Agreement dated as of January 30, 2026 (the 'Original Written Agreement' and together with this First Amendment, the 'Written Agreement') the Local Entity designated an energy assessment area known as the Marcella Townhomes C-PACE Assessment Area (the 'Original Assessment Area') and levied an assessment against the real property comprising the Original Assessment Area and identified as Exhibit B to the Original Written Agreement to facilitate the financing of the costs of acquiring, constructing and installing certain energy efficiency upgrades and/or renewable energy systems and related improvements (collectively, the 'Improvements') to the property comprising the Original Assessment Area as authorized under the Commercial Property Assessed Clean Energy Act, Title 11, Chapter 42a, Utah Code Annotated 1953, as amended (the 'Act') owned by The Homestead Group, LLC, a Utah limited liability company (the 'Borrower'). 2. The Borrower and the Local Entity desire to amend the boundaries of the Original Assessment Area to include additional real property (the 'Additional Property') and the Lender desires to amend the Original Written Agreement to levy an assessment against the Additional Property benefitted by Improvements to the Property to finance the costs of said Improvements. 3. The undersigned executive or administrator of the Local Entity now desires to levy said assessments against the Additional Property in accordance with this First Amendment. NOW, THEREFORE, for and in consideration of the mutual agreements hereinafter contained, the parties hereto agree as follows: Section 1. Amendment to Original Written Agreement. The legal description and tax identification numbers contained in Exhibit B and Exhibit C to the Original Loan Agreement are hereby amended and replaced in their entirety with the legal description and tax identification numbers contained in Exhibit A to this First Amendment (the 'Modified Energy Assessment Area'). Section 2. Levy of Assessment. Pursuant to Section 11-42a-201 of the Act, the Local Entity hereby authorizes the levy of an assessment against the Additional Property within the parameters set forth in Section 3 of the Original Written Agreement. Pursuant to Section 11-42a-201(2) of the Act, the Local Entity will, as soon as practicable following the Effective Date hereof, give notice of the execution of this First Amendment by posting a copy of this Agreement (i) on the Utah Public Notice website, (ii) on the Local Entity's official website, and (iii) in a public location within the jurisdictional boundaries of the Local Entity for a period of at least twenty-one (21) days. In addition, pursuant to Section 11-42a-201(4) of the Act, the Lender will cause to be filed with the Wasatch County Recorder an amended and restated notice of assessment interest (the 'Amended and Restated Notice of Assessment Interest') with respect to this First Amendment, stating that the Local Entity has an assessment interest in the Modified Energy Assessment Area describing such Modified Energy Assessment Area by legal description and tax identification number, and containing any other information required by Section 11-42a-201 of the Act. The Lender shall file the Amended and Restated Notice of Assessment Interest within five (5) days after the Effective Date of this First Amendment. Section 3. Assignment of Assessment Lien. Pursuant to Section 11-42a-302 of the Act, the Local Entity has assigned to the Lender all its rights and interests in the Assessment Lien (as such term is defined in the Original Written Agreement). Notwithstanding anything herein to the contrary, nothing contained or done pursuant to this First Amendment shall affect or be construed as affecting the effectiveness or enforceability of such assignment in the Assessment Lien. Section 4. Representations and Warranties of the Local Entity. The Local Entity represents and warrants that the representations of the Local Entity contained in Section 8 of the Original Written Agreement are true and correct as of the Effective Date hereof. Section 5. Representations and Warranties of Lender. The Lender represents and warrants that the representations of the Lender contained in Section 9 of the Original Written Agreement are true and correct as of the Effective Date hereof. Section 6. Severability. The invalidity or un-enforceability in particular circumstances of any provision of this First Amendment will not extend beyond such provision or circumstances and no other provision hereof will be affected by such invalidity or un-enforceability. Section 7. Headings. The headings of the sections of this First Amendment are inserted for convenience only and will not affect the meaning or interpretation hereof. Section 8. Successors and Assigns. This First Amendment shall be binding upon the parties hereto and their successors and assigns. Lender may assign its rights and obligations under the Written Agreement to any person, firm, corporation, partnership (limited or general) or other entity without the prior written consent of the Local Entity. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. Section 9. Inclusion as Part of the Written Agreement. This First Amendment on its delivery shall be a part of the Written Agreement and all references to 'Written Agreement' herein and in the Original Written Agreement shall include reference to this First Amendment as well as the Original Written Agreement. Section 10. Counterparts. This Agreement may be executed in several counterparts, all or any of which may be treated for all purposes as an original and shall constitute and be one and the same instrument. [Remainder of Page Intentionally Left Blank; Signature Pages Follow] IN WITNESS WHEREOF, the Local Entity, by the undersigned, and the Lender have executed this First Amendment all as on the date first set forth above. WASATCH COUNTY, UTAH By: /s/ Dustin Grabau Dustin Grabau, County Manager PACE INVADERS T2, a Delaware trust By: /s/ Lance W. Haberin Lance W. Haberin, Authorized Signatory EXHIBIT A - LEGAL DESCRIPTION AND TAX IDENTIFICATION NUMBERS The Land referred to herein below is situated in the County of Wasatch, State of Utah, and is described as follows: ALL OF UNITS ALL UNITS 1 THROUGH 5, BUILDING 1, UNITS 6 THROUGH 9, BUILDING 2, UNITS 10 THROUGH 13, BUILDING 3, UNIT 14 THROUGH 16, BUILDING 4, UNITS 17 THROUGH 19, BUILDING 5, UNITS 20 THROUGH 22, BUILDING 6, UNITS 23 THROUGH 25, BUILDING 7, UNITS 26 THROUGH 28, BUILDING 8, AND AN UNDIVIDED INTEREST IN THE COMMON AREA AS SET FORTH ON THE MARCELLA LANDING CONDOMINIUMS PLAT, RECORDED ON SEPTEMBER 10, 2024, AS ENTRY NO. 549864, IN BOOK 1487, AT PAGE 1437 IN THE OFFICIAL RECORDS OF THE WASATCH COUNTY RECORDER, STATE OF UTAH. Also known as: 1853 West Horn Court, Park City, Utah 84060 00-0022-0654 1851 West Horn Court, Park City, Utah 84060 00-0022-0655 1849 West Horn Court, Park City, Utah 84060 00-0022-0656 1847 West Horn Court, Park City, Utah 84060 00-0022-0657 1845 West Horn Court, Park City, Utah 84060 00-0022-0658 1842 West Horn Court, Park City, Utah 84060 00-0022-0659 1840 West Horn Court, Park City, Utah 84060 00-0022-0660 1838 West Horn Court, Park City, Utah 84060 00-0022-0661 1836 West Horn Court, Park City, Utah 84060 00-0022-0662 1817 West Horn Court, Park City, Utah 84060 00-0022-0663 1815 West Horn Court, Park City, Utah 84060 00-0022-0664 1813 West Horn Court, Park City, Utah 84060 00-0022-0665 1811 West Horn Court, Park City, Utah 84060 00-0022-0666 1809 West Horn Court, Park City, Utah 84060 00-0022-0667 1807 West Horn Court, Park City, Utah 84060 00-0022-0668 1805 West Horn Court, Park City, Utah 84060 00-0022-0669 1803 West Horn Court, Park City, Utah 84060 00-0022-0670 1801 West Horn Court, Park City, Utah 84060 00-0022-0671 1799 West Horn Court, Park City, Utah 84060 00-0022-0672 1797 West Horn Court, Park City, Utah 84060 00-0022-0673 1795 West Horn Court, Park City, Utah 84060 00-0022-0674 1793 West Horn Court, Park City, Utah 84060 00-0022-0675 1791 West Horn Court, Park City, Utah 84060 00-0022-0676 1789 West Horn Court, Park City, Utah 84060 00-0022-0677 1787 West Horn Court, Park City, Utah 84060 00-0022-0678 1777 West Horn Court, Park City, Utah 84060 00-0022-0679 1775 West Horn Court, Park City, Utah 84060 00-0022-0680 1773 West Horn Court, Park City, Utah 84060 00-0022-0681 Parcel F, GALENA THREE, according to the Official Plat thereof, recorded July 27, 2022, as Entry No. 522602, in Book 1417, at Page 934, of the Official Records in the Office of the Wasatch County Recorder. Address: 2051 West Piste Court, Park City, UT 84060 Tax ID No: 00-0021-7793

Notice of Special Accommodations (ADA)

Wasatch County will make efforts to provide reasonable accommodations to disabled members of the public in accessing County programs.

Notice of Electronic or Telephone Participation

There is no electronic participation at this time.

Other Information

See attached agreement

Meeting Information

Meeting Location

25 North Main Street
Heber City, UT 84032
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Contact Name

Wendy McKnight

Contact Email

wmcknight@wasatch.utah.gov

Contact Phone

(435)657-3193

Notice Posting Details

Notice Posted On

September 25, 2026 11:14 AM

Notice Last Edited On

September 25, 2026 11:14 AM

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