01-0501_CALIF ENERGEY COMMISSION_Energy Conservation Asst. Acct Loan AgrPRINCIPAL AMOUNT: $ 75,693.00
LOAN NUMBER: 813-000—ECX
PROJECT TERM: 05/17/2001 — 07/27/2001
ENERGY CONSERVATION ASST. ACCOUNT LOAN AGREEMENT
THIS AGREEMENT IS EFFECTIVE AS OF THE DATE BOTH PARTIES HAVE SIGNED THIS
AGREEMENT, IN THE STATE OF CALIFORNIA, BY AND BETWEEN THE STATE OF
CALIFORNIA, CALIFORNIA ENERGY COMMISSION, 1516 NINTH STREET, SACRAMENTO, CA
95814, HEREINAFTER "COMMISSION," AND CITY OF SAN JUAN CAPISTRANO, 32400
PASEO ADELANTO, SAN JUAN CAPISTR CA 92675, HEREINAFTER "BORROWER."
1. AUTHORITY
A. PURSUANT TO THE PURPOSES AUTHORIZED BY SECTION 25410, ET SEQ, OF
THE CALIFORNIA PUBLIC RESOURCES CODE, THE COMMISSION HAS APPROVED
BORROWER'S LOAN APPLICATION DATED Ma 7 01 , WHICH IS NOT
ATTACHED BUT IS EXPRESSLY INCORPOR 20RERENCE HEREIN.
B. SUBJECT TO THE TERMS, COVENANTS, AND CONDITIONS CONTAINED HEREIN,
AND THE ATTACHED BUDGET DETAIL TO THE EXTENT IT MODIFIES
BORROWER'S LOAN APPLICATION, THE COMMISSION SHALL MAKE A LOAN TO
BORROWER IN THE AMOUNT OF SEVENTY FIVE THOUSAND SIX HUNDRED
NINETY THREE DOLLARS ($75,693.00) EVIDENCED BY A PROMISSORY NOTE
FOR LOAN NUMBER 813-000—ECX, ATTACHED HERETO AS EXHIBIT A.
2. GENERAL TERMS
A. THE BORROWER AGREES TO INDEMNIFY, DEFEND, AND SAVE HARMLESS THE
STATE, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL
CLAIMS AND LOSSES ACCRUING OR RESULTING TO BORROWER AND TO ANY
AND ALL CONTRACTORS, SUBCONTRACTORS, MATERIALMEN, LABORERS, AND
ANY OTHER PERSON, FIRM, OR CORPORATION FURNISHING OR SUPPLYING
WORK, SERVICES, MATERIALS, OR SUPPLIES IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT, AND FROM ANY AND ALL CLAIMS AND
LOSSES ACCRUING OR RESULTING TO ANY PERSON, FIRM, OR CORPORATION
WHO MAY BE INJURED OR DAMAGED BY THE BORROWER IN THE PERFORMANCE
OF THIS CONTRACT.
B. THE BORROWER, AND THE AGENTS AND EMPLOYEES OF BORROWER, IN THE
PERFORMANCE OF THIS AGREEMENT, SHALL ACT IN AN INDEPENDENT
CAPACITY AND NOT AS OFFICERS OR EMPLOYEES OR AGENTS OF THE STATE
OF CALIFORNIA.
C. WITHOUT THE WRITTEN CONSENT OF THE COMMISSION, THIS AGREEMENT IS
NOT ASSIGNABLE OR TRANSFERABLE BY BORROWER EITHER IN WHOLE OR IN
PART.
D. TIME IS OF THE ESSENCE IN THIS AGREEMENT. BORROWER IS REQUIRED
TO TAKE TIMELY ACTIONS WHICH, TAKEN COLLECTIVELY, MOVE TO
COMPLETION OF THE PURPOSE FOR WHICH THIS LOAN WAS AWARDED.
THE COMMISSION PROJECT MANAGER WILL PERIODICALLY EVALUATE THE
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PROGRESS TOWARD COMPLETION. IF THE COMMISSION PROJECT MANAGER
DETERMINES THAT THE LOAN RECIPIENT IS NOT PROGRESSING TOWARD
COMPLETION WITHIN TWO (2) YEARS OF THE DATE THE LOAN DOCUMENTS
WERE SIGNED BY THE COMMISSION, THE COMMISSION PROJECT MANAGER
MAY, WITHOUT PENALTIES OR PREJUDICE TO ANY OF THE COMMISSION'S
REMEDIES, TERMINATE THIS AGREEMENT.
E. NO ALTERATION OR VARIATION OF THE TERMS OF THIS AGREEMENT SHALL
BE VALID UNLESS MADE IN WRITING AND SIGNED BY THE PARTIES HERETO,
AND NO ORAL UNDERSTANDING OR AGREEMENT NOT INCORPORATED HEREIN,
SHALL BE BINDING ON ANY OF THE PARTIES HERETO.
3. PURPOSE
THE BORROWER AGREES TO EXPEND ALL FUNDS ADVANCED PURSUANT TO THIS
AGREEMENT ONLY FOR THE PURPOSES AND IN THE AMOUNTS SET FORTH IN THE
ATTACHED BUDGET DETAIL. IN THE EVENT THE COMMISSION DETERMINES THAT
FUNDS HAVE BEEN EXPENDED WITHOUT PRIOR WRITTEN APPROVAL BY THE
COMMISSION FOR PURPOSES OTHER THAN THOSE SPECIFIED, THE FULL AMOUNT OF
THE LOAN, INCLUDING PRINCIPAL AND INTEREST, SHALL BE IMMEDIATELY DUE
AND PAYABLE.
4. LOAN DISBURSEMENT SCHEDULE
A. THE COMMISSION AGREES TO DISBURSE FUNDS TO THE BORROWER UPON THE
PROPER EXECUTION OF THE ATTACHED PROMISSORY NOTE AND ANY
APPROPRIATE SECURITY INSTRUMENTS, AND REQUIRED SUPPLEMENTAL
DOCUMENTS, INCLUDING INVOICES AS REQUIRED IN PARAGRAPH C.
B. THIS PARAGRAPH APPLIES ONLY TO BORROWERS WHO HAVE RECEIVED
TECHNICAL ASSISTANCE OR A FEASIBILITY STUDY BY A CONSULTANT UNDER
CONTRACT TO THE COMMISSION AND ARE FINANCING THE TECHNICAL
ASSISTANCE OR STUDY REIMBURSEMENT THROUGH THIS LOAN. THE
COMMISSION WILL REIMBURSE ITSELF FROM THE BORROWERS LOAN
PROCEEDS FOR THE TECHNICAL ASSISTANCE OR FEASIBILITY STUDY COST
WHICH WAS PROVIDED IN ACCORDANCE WITH THE SERVICES AGREEMENT,
DATED SUCH REIMBURSEMENT WILL OCCUR ON THE DATE
THE COMMISSION EXECUTES THIS LOAN AGREEMENT AND WILL BE EQUAL TO
C. EXCEPT FOR THE TECHNICAL ASSISTANCE OR FEASIBILITY STUDY COST
INDICATED IN B., LOAN FUNDS SHALL BE DISBURSED ON A REIMBURSEMENT
BASIS BASED ON INVOICES SUBMITTED BY BORROWER IN A FORM APPROVED
BY THE COMMISSION. BILLINGS MUST BE PROVIDED TO SUBSTANTIATE THE
REQUEST. COMMISSION STAFF WILL APPROVE INVOICES ONLY AFTER
VERIFYING REQUESTED AMOUNTS AGAINST BACKUP BILLINGS AND
DETERMINING EXPENSES ARE APPROPRIATE AND USED FOR THE PURPOSE OF
THE LOAN.
D. TEN PERCENT (10%) OF THE LOAN AMOUNT WILL BE WITHHELD AS
RETENTION UNTIL THE FINAL REPORT IS RECEIVED AND THE COMMISSION'S
PROJECT MANAGER DETERMINES THE PROJECT HAS BEEN SATISFACTORILY
COMPLETED.
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E. AN ADVANCE OF UP TO TEN PERCENT (10%) OF THE LOAN BALANCE
(AFTER COMMISSION REIMBURSEMENT FOR THE TECHNICAL ASSISTANCE OR
FEASIBILITY STUDY COST, IF APPLICABLE) MAY BE REQUESTED AT THE
START OF THE PROJECT. SUBSEQUENT ADVANCES MAY BE ALLOWED WHEN
RECEIPT OF FUNDS ON A REIMBURSEMENT BASIS PRESENTS AN UNDUE
HARDSHIP TO THE BORROWER.
INTEREST
THE LOAN HEREIN SHALL BEAR SIMPLE INTEREST AT THE ANNUAL RATE SET
FORTH IN THE ATTACHED PROMISSORY NOTE ON THE PRINCIPAL BALANCE OF LOAN
FUNDS DISBURSED TO THE BORROWER. PAYMENT OF SAID INTEREST SHALL BE
DUE AT THE TIME OF REPAYMENT OF THE LOAN TO THE COMMISSION, AND
INTEREST SHALL ACCRUE FROM THE TIME OF DISBURSAL OF FUNDS TO THE
BORROWER UNTIL RECEIPT OF FULL REPAYMENT BY THE COMMISSION. INTEREST
ON COMMISSION REIMBURSEMENT FOR TECHNICAL ASSISTANCE OR THE
FEASIBILITY STUDY, IF APPLICABLE, SHALL ACCRUE FROM THE DATE THE
COMMISSION EXECUTES THIS LOAN AGREEMENT UNTIL RECEIPT OF FULL
REPAYMENT BY THE COMMISSION.
TERM
A. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE LAST DATE OF
EXECUTION.
B. THE BORROWER AGREES TO COMPLETE PERFORMANCE OF ITS OBLIGATIONS
UNDER THIS AGREEMENT WITHIN THE PERIOD STATED IN THIS AGREEMENT.
ALL FUNDS ADVANCED HEREUNDER, TOGETHER WITH ALL INTEREST PAYABLE
THEREON, SHALL BE REPAID TO THE COMMISSION IN ACCORDANCE WITH THE
TERMS OF THE PROMISSORY NOTE.
8. PREPAYMENT
BORROWER SHALL HAVE THE RIGHT TO PREPAY ALL OR ANY PART OF THE AMOUNT
OF THIS LOAN AT ANY TIME WITHOUT PENALTY.
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IN ORDER TO EVIDENCE ITS DEBT TO THE COMMISSION HEREUNDER, THE
BORROWER AGREES TO, CONTEMPORANEOUSLY WITH THE EXECUTION OF THIS
AGREEMENT, EXECUTE AND DELIVER TO THE COMMISSION A PROMISSORY NOTE.
10. SECURITY (APPLIES ONLY TO NONGOVERNMENTAL BORROWERS)
A. NONGOVERNMENTAL BORROWERS WITH A LOAN OF TWENTY—FIVE THOUSAND
DOLLARS ($25,000.00) OR MORE MUST MEET FINANCIAL REQUIREMENTS AS
SPECIFIED IN THE LOAN APPLICATION PACKAGE. FOR THOSE BORROWERS
THAT DO NOT MEET THE FINANCIAL REQUIREMENTS, THE COMMISSION WILL
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REQUIRE SECURITY FOR A LOAN OF TWENTY-FIVE THOUSAND DOLLARS
($25,000.00) OR MORE. THE COMMISSION WILL REQUIRE EITHER: (1) AN
IRREVOCABLE LETTER OF CREDIT OR (2) A DEED OF TRUST ON THE
PROPERTY TO BE IMPROVED UNDER THE TERMS OF THIS AGREEMENT TO
SECURE THE ATTACHED PROMISSORY NOTE, WITH SAID DEED OF TRUST
NAMING THE STATE OF CALIFORNIA, CALIFORNIA ENERGY COMMISSION, AS
BENEFICIARY. BORROWER SHALL ALSO OBTAIN AND DELIVER A STANDARD
CLTA TITLE INSURANCE POLICY FOR THE SECURED PROPERTY, INSURING
THE COMMISSION'S INTEREST AS LENDER, AND A CURRENT MARKET VALUE
APPRAISAL OF SAID PROPERTY WITH VALUES SUPPORTED BY AVAILABLE
MARKET DATA WHICH HAS BEEN PREPARED BY A LICENSED APPRAISER.
B. FOR ALL NONGOVERNMENTAL LOANS SECURED BY A DEED OF TRUST, THE
BORROWER AGREES THAT IN THE EVENT IT SELLS, TRANSFERS, MORTGAGES,
DISPOSES OF, OR FURTHER ENCUMBERS THE SAID PROPERTY, OR ANY PART
THEREOF, WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMMISSION,
THEN THE COMMISSION SHALL HAVE THE RIGHT, AT ITS OPTION, TO
DECLARE THE ENTIRE BALANCE OF THE UNPAID PRINCIPAL WITH UNPAID
INTEREST DUE THEREON, IMMEDIATELY DUE AND PAYABLE. CONSENT TO
ONE SUCH TRANSACTION SHALL NOT BE DEEMED TO BE A WAIVER OF THE
RIGHT TO REQUIRE CONSENT TO FUTURE OR SUCCESSIVE TRANSACTIONS.
11. ACCOUNTS
A. IF REQUESTED BY THE COMMISSION, THE BORROWER AGREES TO DEPOSIT
ALL FUNDS RECEIVED UNDER THIS AGREEMENT IN A SEGREGATED ACCOUNT
IN AN INSTITUTION WHOSE DEPOSITS ARE INSURED BY THE FEDERAL OR
THE STATE GOVERNMENT.
B. THE BORROWER FURTHER AGREES TO ESTABLISH ON ITS BOOKS A SEPARATE
ACCOUNT FOR THIS LOAN. THIS ACCOUNT SHALL BE MAINTAINED AS LONG
AS THE LOAN OBLIGATION REMAINS UNSATISFIED.
C. THE BORROWER FURTHER AGREES TO MAINTAIN RECORDS THAT ACCURATELY
AND FULLY SHOW THE DATE, AMOUNT, PURPOSE, AND PAYEE OF ALL
EXPENDITURES DRAWN ON SAID ACCOUNT.
D. THE BORROWER FURTHER AGREES TO UTILIZE A VOUCHER SYSTEM BY WHICH
ALL EXPENDITURES FROM SAID ACCOUNT WILL BE AUTHORIZED AND
AUTHENTICATED.
E. THE BORROWER FURTHER AGREES TO ALLOW THE COMMISSION OR ANY OTHER
AGENCY OF THE STATE OR THE FEDERAL GOVERNMENT, ON WRITTEN
REQUEST, TO HAVE REASONABLE ACCESS TO, AND THE RIGHT OF
INSPECTION OF, ALL RECORDS THAT PERTAIN TO SAID ACCOUNT. THE
BORROWER ALSO AGREES TO SUBMIT TO AN INDEPENDENT AUDIT, IF
REQUESTED BY THE COMMISSION, AT THE EXPENSE OF THE BORROWER.
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F. THE BORROWER FURTHER AGREES TO MAINTAIN RECORDS FOR THREE (3)
YEARS FOLLOWING PROJECT COMPLETION SHOWING THE COST OF THE ENERGY
SAVED AS A RESULT OF IMPLEMENTING THE PROJECT FUNDED IN WHOLE OR
IN PART BY THIS LOAN. FOR EACH OF THE THREE (3) YEARS FOLLOWING
PROJECT COMPLETION, BORROWER SHALL COMPUTE THE COST OF THE ENERGY
SAVED BY IMPLEMENTING THE PROJECT FUNDED IN WHOLE OR IN PART BY
THIS LOAN AND SHALL SUBMIT ANNUAL REPORTS TO THE COMMISSION.
G. ALL INVOICES MUST BE SUBMITTED WITHIN SIXTY (60) DAYS OF PROJECT
COMPLETION.
12. BUDGET
A. SEMIANNUAL PAYMENTS DUE TO THE COMMISSION UNDER THIS AGREEMENT
SHALL BE MADE FROM SAVINGS IN ENERGY COSTS OR OTHER AVAILABLE
FUNDS AS THE BORROWER CHOOSES. IF BORROWER IS A COUNTY, CITY,
TOWN, TOWNSHIP, BOARD OF EDUCATION, OR SCHOOL DISTRICT, BORROWER
AGREES THAT THE AMOUNT OF THE SEMIANNUAL LOAN REPAYMENT SHALL NOT
BE RAISED BY THE LEVY OF ADDITIONAL TAXES AND SHALL NOT BE A
CHARGE AGAINST BORROWER'S GENERAL FUND, BUT SHALL BE OBTAINED
EITHER FROM ACTUAL SAVINGS IN ENERGY COSTS RESULTING FROM THE
SUBJECT ENERGY CONSERVATION PROJECTS OR OTHER AVAILABLE FUNDS AS
THE BORROWER CHOOSES.
B. ENERGY COST SAVINGS CALCULATIONS ARE BASED ON ENERGY USAGE AND
SERVING UTILITY RATES AT THE TIME OF THE ISSUANCE OF THIS LOAN.
CHANGES IN ENERGY USE AND RATE REDUCTIONS WHICH OCCUR AFTER
ISSUANCE OF THE LOAN WILL NOT AFFECT THE CALCULATED ENERGY
SAVINGS. THEREFORE, ALL FUNDS ADVANCED HEREUNDER, TOGETHER WITH
ALL INTEREST PAYABLE THEREON, SHALL BE REPAID TO THE COMMISSION
IN FULL AND SHALL NOT BE FORGIVEN DUE TO A CHANGE IN BORROWERS
ENERGY USE OR A REDUCTION IN BORROWERS ENERGY UTILITY RATES.
13. DEFAULT
A. IN THE EVENT THE BORROWER, FOR ANY REASON, IS UNABLE TO PROCEED
WITH THE PURPOSE OF THIS AGREEMENT, THE COMMISSION MAY DECLARE
THIS AGREEMENT TO HAVE BEEN BREACHED AND BE RELEASED FROM ANY
FURTHER PERFORMANCE HEREUNDER.
B. IN THE EVENT OF ANY DEFAULT OR BREACH OF THE AGREEMENT BY THE
BORROWER, THE COMMISSION, WITHOUT LIMITING ANY OF ITS OTHER LEGAL
RIGHTS OR REMEDIES, MAY DECLARE THE PROMISSORY NOTE EVIDENCING
THE LOAN TO BE IMMEDIATELY DUE AND PAYABLE.
14. REPORTING
A. PROGRESS REPORTS ARE DUE SEMIANNUALLY UNTIL PROJECT COMPLETION.
REPORTS ARE DUE JANUARY 31 (FOR THE JULY 1 - DECEMBER 31 PERIOD)
AND JULY 1 (FOR THE JANUARY 1 - JUNE 30 PERIOD).
B. A FINAL REPORT IS DUE NO LATER THAN 60 DAYS AFTER PROJECT
COMPLETION.
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C. A PROGRESS REPORT MUST BE SUBMITTED WITH EACH REQUEST (INVOICE)
FOR LOAN FUNDS.
D. IF REQUESTED BY THE COMMISSION, BORROWER SHALL SUBMIT, WITHIN
TEN (10) DAYS OF THE COMMISSION'S WRITTEN REQUEST, A STATUS
REPORT ON ITS ACTIVITIES TO DATE, PURSUANT TO THIS AGREEMENT.
E. REPORTS SHALL BE IN A FORMAT AS DETERMINED BY THE COMMISSION.
NONDISCRIMINATION
A. DURING THE PERFORMANCE OF THIS AGREEMENT, THE BORROWER AND ITS
CONTRACTORS AND SUBCONTRACTORS SHALL NOT DENY THE AGREEMENT'S
BENEFITS TO ANY PERSON ON THE BASIS OF RELIGION, COLOR, ETHNIC
GROUP IDENTIFICATION, SEX, AGE, PHYSICAL OR MENTAL DISABILITY,
NOR SHALL THEY DISCRIMINATE UNLAWFULLY AGAINST ANY EMPLOYEE OR
APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, RELIGION, COLOR,
NATIONAL ORIGIN, ANCESTRY, PHYSICAL HANDICAP, MENTAL DISABILITY,
MEDICAL CONDITION, MARITAL STATUS, AGE, OR SEX. THE BORROWER
SHALL INSURE THAT THE EVALUATION AND TREATMENT OF EMPLOYEES AND
APPLICANTS FOR EMPLOYMENT ARE FREE OF SUCH DISCRIMINATION.
B. THE BORROWER SHALL COMPLY WITH THE PROVISIONS OF THE FAIR
EMPLOYMENT AND HOUSING ACT (GOVERNMENT CODE, SECTION 12900 ET
SEQ.), THE REGULATIONS PROMULGATED THEREUNDER (CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 7285.0 ET SEQ.), THE PROVISIONS OF
ARTICLE 9.5, CHAPTER 1, PART 1, DIVISION 3, TITLE 2, OF THE
GOVERNMENT CODE (GOVERNMENT CODE, SECTIONS 11135 - 11139.5), AND
THE REGULATIONS OR STANDARDS ADOPTED BY THE AWARDING STATE AGENCY
TO IMPLEMENT SUCH ARTICLE.
C. THE BORROWER AND ITS CONTRACTORS AND SUBCONTRACTORS SHALL GIVE
WRITTEN NOTICE OF THEIR OBLIGATIONS UNDER THIS CLAUSE TO LABOR
ORGANIZATIONS WITH WHICH THEY HAVE A COLLECTIVE BARGAINING OR
OTHER AGREEMENT.
D. THE BORROWER SHALL INCLUDE THE NONDISCRIMINATION AND COMPLIANCE
PROVISIONS OF THIS CLAUSE IN ALL CONTRACTS AND SUBCONTRACTS TO
PERFORM WORK UNDER THIS AGREEMENT.
C,
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IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
STATE OF CALIFORNIA -
CALIFORNIA ENERGY COMMISSION
A Lil ��=E)
CHIEF, FISCAL MANAGEMENT BRANCH
TITLE
6 1�
DAT
BORROWER (IF OTHER THAN AN
INDIVIDUAL, STATE WHETHER A
J U "Q- a 2001
DATE
MAIL ADDRESS: CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTR CA 92675
AMOUNT ENCUMBERED:FISCAL Y -ORG 033 LOAN NO.
:ENERGY CONSERVATION
$ 75,693.00 2000-2001 :ASSISTANCE ACCOUNT 813-000-ECX
3360-605-0033, CH. 8/01 : ALLOTMENT
ECAA -- AB 29X
$75,693.00 4400-626-44010
I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE
AVAILABLE FOR THE PERIOD AND PURPOSE OF THE EXPENDITURE STATED ABOVE.
SIGNATURE OF ACCOUNTING OFFICER
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DATE
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____= BUDGET DETAIL =____
GLNUMBER : 813-000-ECX SEQUENCE NO.: 1447-1
GRANT NO.: --
RECIPIENT: CITY OF SAN JUAN CAPISTRANO
INSTITUTION:
BUILDING:
BUILDING TYPE:
ECM CODE:
CEC LOAN BUDGET:
CEC GRANT BUDGET:
TOTAL CEC BUDGET:
FED MATCH:
RECIPIENT MATCH:
TOTAL BUDGET:
TSL - SIGNAL LIGHT
75,693.00
. SENATE DIST:
38
0.00
ASSEMBLY DIST:
73
75,693.00
PROGRAM:
ENERGY
CONSERVATION
ASST.
0.00
0.00
75,693.00
FINAL COST:
0.00
-7a-
9 0
EXHIBIT A
PROMISSORY NOTE
PRINCIPAL AMOUNT: $ 75,693.00
LOAN NUMBER: 813-000—ECX
1. FOR VALUE RECEIVED, THE UNDERSIGNED, CITY OF SAN JUAN CAPISTRANO
(HEREINAFTER REFERRED TO AS THE "BORROWER"), PROMISES TO PAY TO THE
ORDER OF THE STATE OF CALIFORNIA, CALIFORNIA ENERGY COMMISSION
(HEREINAFTER REFERRED TO AS THE "COMMISSION"), AT ITS PRINCIPAL PLACE
OF BUSINESS AT 1516 NINTH STREET, SACRAMENTO, CALIFORNIA 95814, OR AT
SUCH OTHER PLACE AS THE COMMISSION MAY DESIGNATE, THE PRINCIPAL SUM OF
SEVENTY FIVE THOUSAND SIX HUNDRED NINETY THREE DOLLARS ($75,693.00) OR
SUCH LESSER AMOUNT AS SHALL EQUAL THE AGGREGATE AMOUNT DISBURSED TO
THE BORROWER BY THE COMMISSION, PLUS THE AMOUNT OF COMMISSION
REIMBURSEMENT FOR TECHNICAL ASSISTANCE OR FEASIBILITY STUDY COST, IF
APPLICABLE, TOGETHER WITH INTEREST ON THE UNPAID PRINCIPAL COMPUTED
FROM THE DATE OF EACH DISBURSEMENT TO THE BORROWER UNTIL REPAID BY THE
BORROWER AT THE INTEREST RATE OF THREE PERCENT (3%) PER ANNUM.
PRINCIPAL AND INTEREST IS DUE AND PAYABLE IN SEMIANNUAL INSTALLMENTS,
BEGINNING ON OR BEFORE DECEMBER 22 OF THE FISCAL YEAR FOLLOWING THE
YEAR IN WHICH THE PROJECT IS COMPLETED AND CONTINUING THEREAFTER UNTIL
SAID PRINCIPAL AND INTEREST HAVE BEEN PAID IN FULL.
2. PAYMENT OF ANY SCHEDULED INSTALLMENT RECEIVED WITHIN THIRTY (30) DAYS
AFTER ITS DUE DATE SHALL BE CONSIDERED TO HAVE BEEN RECEIVED ON ITS
DUE DATE AND SHALL BE FIRST APPLIED TO ACCRUED INTEREST FROM THE DATE
OF DISBURSAL TO THE BORROWER AND THE BALANCE, IF ANY, TO PRINCIPAL.
PAYMENT OF ANY SCHEDULED INSTALLMENT RECEIVED MORE THAN THIRTY (30)
DAYS AFTER ITS DUE DATE BUT BEFORE THE NEXT BILLING SHALL BE
CONSIDERED LATE, AND INTEREST ON THE UNPAID PRINCIPAL SHALL ACCRUE
FROM DATE OF DISBURSAL TO THE BORROWER THROUGH THE ACTUAL PAYMENT
DATE. HOWEVER, PAYMENT OF ANY SCHEDULED INSTALLMENT RECEIVED AFTER A
SUBSEQUENT BILLING SHALL BE CONSIDERED OVERDUE, AND INTEREST SHALL
ACCRUE ON THE UNPAID PRINCIPAL FROM DATE OF DISBURSAL TO THE BORROWER
THROUGH THE SUBSEQUENT BILLING DUE DATE OR ACTUAL PAYMENT DATE,
WHICHEVER IS LATER. THE BORROWER MAY PREPAY THIS NOTE IN FULL OR IN
PART, WITHOUT PENALTY, BUT ANY SUCH PREPAYMENT SHALL BE FIRST APPLIED
TO PRINCIPAL AND THE BALANCE, IF ANY, TO ACCRUED INTEREST.
3. IF ANY INSTALLMENT IS NOT PAID WITHIN THIRTY (30) DAYS AFTER ITS DUE
DATE, THE COMMISSION, AT ITS OPTION, MAY REQUIRE THE BORROWER TO PAY A
LATE CHARGE EQUAL TO FIVE PERCENT (5$) OF THE AMOUNT OF THE
INSTALLMENT OR FIVE DOLLARS ($5.00), WHICHEVER IS GREATER.
4. ON THE OCCURRENCE OF ANY EVENT OF DEFAULT, THE COMMISSION, AT ITS
SOLE ELECTION, MAY DECLARE ALL OR ANY PORTION OF THE PRINCIPAL AND
ACCRUED INTEREST ON THIS NOTE TO BE IMMEDIATELY DUE AND PAYABLE AND
MAY PROCEED AT ONCE WITHOUT FURTHER NOTICE TO ENFORCE THIS NOTE
ACCORDING TO LAW.
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5. EACH OF THE FOLLOWING OCCURRENCES SHALL CONSTITUTE AN EVENT OF
DEFAULT:
A. FAILURE OF THE BORROWER TO REPAY ANY PRINCIPAL OR INTEREST WHEN
DUE UNDER THE TERMS OF THIS NOTE;
B. TERMINATION OF SAID LOAN AGREEMENT PURSUANT TO THE TERMS THEREOF
OR BREACH BY THE BORROWER OF ANY TERMS OF SAID LOAN AGREEMENT;
C. FAILURE OF THE BORROWER TO UNDERTAKE IN A TIMELY WAY THE EXPRESS
AND IMPLIED ACTIVITIES FOR WHICH SAID LOAN AGREEMENT HAS BEEN
EXECUTED;
D. FAILURE OF THE BORROWER TO OBTAIN PRIOR WRITTEN COMMISSION
APPROVAL BEFORE UNDERTAKING A CHANGE IN THE SCOPE OF THE
ACTIVITIES FOR WHICH SAID LOAN AGREEMENT HAS BEEN EXECUTED; OR
E. OCCURRENCE OF (1) THE BORROWER BECOMING INSOLVENT OR BANKRUPT OR
BEING UNABLE OR ADMITTING IN WRITING ITS INABILITY TO PAY ITS
DEBTS AS THEY MATURE OR MAKING A GENERAL ASSIGNMENT FOR THE
BENEFIT OF OR ENTERING INTO ANY COMPOSITION OR ARRANGEMENT WITH
CREDITORS; (2) PROCEEDINGS FOR THE APPOINTMENT OF A RECEIVER,
TRUSTEE, OR LIQUIDATOR OF THE ASSETS OF THE BORROWER OR A
SUBSTANTIAL PART THEREOF, BEING AUTHORIZED OR INSTITUTED BY OR
AGAINST THE BORROWER; OR (3) PROCEEDINGS UNDER ANY BANKRUPTCY,
REORGANIZATION, READJUSTMENT OF DEBT, INSOLVENCY, DISSOLUTION,
LIQUIDATION OR OTHER SIMILAR LAW, OR ANY JURISDICTION BEING
AUTHORIZED OR INSTITUTED AGAINST THE BORROWER.
6. NO DELAY OR FAILURE OF THE COMMISSION IN THE EXERCISE OF ANY RIGHT OR
REMEDY HEREUNDER OR UNDER ANY OTHER AGREEMENT, WHICH SECURES OR IS
RELATED HERETO, SHALL AFFECT ANY SUCH RIGHT OR REMEDY, AND NO SINGLE
OR PARTIAL EXERCISE OF ANY SUCH RIGHT OR REMEDY SHALL PRECLUDE ANY
FURTHER EXERCISE THEREOF, AND NO ACTION TAKEN OR OMITTED BY THE
COMMISSION SHALL BE DEEMED A WAIVER OF ANY SUCH RIGHT OR REMEDY.
ANY NOTICE TO THE BORROWER PROVIDED FOR IN THIS NOTE SHALL BE GIVEN BY
MAILING SUCH NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
ADDRESSED TO THE BORROWER AT THE ADDRESS STATED IN THE LOAN AGREEMENT,
OR TO SUCH OTHER ADDRESS AS THE BORROWER MAY DESIGNATE BY NOTICE TO
THE COMMISSION. ANY NOTICE TO THE COMMISSION SHALL BE GIVEN BY
MAILING SUCH NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO
THE COMMISSION AT THE ADDRESS STATED IN THE LOAN AGREEMENT, OR AT SUCH
OTHER ADDRESS AS MAY HAVE BEEN DESIGNATED BY NOTICE TO THE BORROWER.
IF SUIT IS BROUGHT TO COLLECT ANY PART OF THIS NOTE, THE COMMISSION
SHALL BE ENTITLED TO COLLECT ALL REASONABLE COSTS AND EXPENSES OF SAID
SUIT, INCLUDING REASONABLE ATTORNEY'S FEES.
9. THIS NOTE SHALL BE BINDING UPON THE BORROWER AND ITS SUCCESSORS AND
ASSIGNS AND UPON THE COMMISSION AND ITS SUCCESSORS AND ASSIGNS.
10. THIS NOTE SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF CALIFORNIA. ,
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PAID IN FULL
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EFFICIENCY COMMITTEE
APPROVAL SHEET
May 15, 2001
PEAK LOAD REDUCTION PROGRAM —
ENERGY CONSERVATION ASSISTANCE ACT LOAN PROGRAM
Originator: Merry Bronson
Supervisor: Daryl Mills
,hager.: Mike Sloss
71ire,to,,, "Sco,,ft,�W. CMatthews
4-4104
Date: 3 0
4-5070
Date: 5 /5-/b/
4-4654
Date:
4-5013
Date: CSS -71
In accordance with ABX1 29 and Executive Order D-34-01 dated April 26, 2001, the Energy
Efficiency Committee -Peak Load Reduction Committee approves the following awards:
Applicant Loan Amount Requested
City of San Juan Ca istrano $75,693
Total $7 93
Commissioner Pernell
Commissioner Rosenfeld J4w (�L 464
Date: -:57i-) 01
Date: f / Va /
0 0
PEAK LOAD REDUCTION PROGRAM
ENERGY CONSERVATION ASSISTANCE ACT
LOAN REQUEST FOR THE CITY OF SAN JUAN CAPISTRANO
Action Requested: Staff is seeking Committee approval to provide the City of San
Juan Capistrano with a $75,693 loan.
This is a Routine Item
Purpose: The loan will be used to pay part of the cost of converting the green and
amber ball and arrow traffic signals to those using high efficiency light emitting diodes
(LEDs).
Funding Source: AB 29X
Project Summary:
The City of San Juan Capistrano has requested an Energy Commission loan to convert
its green and amber traffic signals to those using high efficiency light emitting diodes
(LED). This project involves the conversion of 447 green and amber ball and arrow
traffic signals. The installation of the LED traffic modules is estimated to cost $75,693.
The loan will pay 100 percent of the project cost. The project will reduce the city's
annual energy cost by an estimated $18,291 and result in an estimated peak load
reduction of 16 kW.
The City anticipates that the project will be completed by July 27, 2001. Because the
City received San Diego Gas and Electric Company incentives for this installation
project the City is not eligible for an Early Project Completion Incentive.
Staff has reviewed the technical feasibility of the project and has determined that the
project meets the requirements of the Commission's ECAA Loan Program. As a result,
staff is recommending approval of the $75,693 loan to the City of San Juan Capistrano.
Project
Total
Loan
Estimated
Estimated
Estimated
Description
Project
Request
Annual
Annual Energy
Peak
Cost
Energy
Savings (kwh,
Load
Cost
therms,
Reduction
Savin s
allons)kW
LED Traffic
$75,693
$75,693
$18,291
16
Signal Lights
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