81-028 State of California Energy Commission - Energy Conservation Assistance Loan Agreement Reso 5528ENERGY CONSERVATION ASSISTANCE
Loan No.
Loan Amount
LOAN AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
19 , in the State of California by and between the State of California,
CaTi7ornia Energy Commission, hereinafter "Commission", and The City of
Cupertino 31
ereinafter "Borrower
1. AUTHORITY
A. Pursuant to the purposes authorized by the Energy Conservation
Act, Section 25410, et seq, of the California Public Resources
Code, the Commission has approved Borrower's Loan Application
dated Januar 20 1981 which is not attached but is
expressT-yincorporated by reference herein.
B. Subject to the terms, covenants and conditions contained herein,
and the attached Loan Approval Request to the extent it modifies
Borrower's Loan Application, the Commission shall make a loan
to Borrower in the amount of One hundred seventy-five thousand
four hundred dollars
Dollars 175,400.00, evidenced y a romissory Note
Loan No. 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 State
of California.
C. Without the written consent of the Commission, the Agreement
is not assignable or transferrable by Borrower either in whole
or in part.
D. Time is of the essence in 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 Borrower's
Approved Application.
4. LOAN DISBURSEMENT SCHEDULE
A. The Commission agrees to disburse funds to the Borrower upon the
proper execution of the attached Promissory Note and the appropriate
security instruments, and required supplemental documents.
B. Loan funds shall be disbursed based on invoices submitted by
Borrower in a form approved by Commission at such times and in
such amounts as determined appropriate by Commission in order to
accomplish the purpose of the Loan.
5. INTEREST
The loan herein shall bear simple interest at the 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 shall accrue
from the time of disbursal to the Borrower until receipt of repayment
to the Commission.
6. TERM
A. The effective date of this Agreement shall be the date of its
execution by the Commission.
B. The Borrower agrees to complete performance of its obligations
under this Agreement within the period stated in the Borrower's
Approved Loan Application.
7. REPAYMENT
All funds advanced hereunder, together with all interest payable thereon,
shall be repaid to the Commission no later than the date specified in
the Promissory Note.
8. PREPAYMENT
Borrower shall have the right to prepay at any time all or any part of
the principal amount of this loan without penalty.
9. PROMISSORY NOTE
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.
(2)
10. SECURITY (applies only to non-governmental borrowers)
A. If required by Commission for Loans of $10,000 or more: (1) Borrower
agrees to execute 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. (2) Borrower further agrees that,
as part of its Loan Application and at the request of the Commission,
it has submitted a current Preliminary Title Report 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 the Borrower agrees that in the event
that it sells, transfers, mortgages, disposes 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 governments.
B. The Borrower further agrees to establish on its books an energy conservation
loan account which 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, on written request, to have reasonable access to and the
right of inspecting all records that pertain to said account and agrees
to submit to an independent audit, if this should be requested by the
Commission, at the expense of the Borrower.
12. Budget
The Borrower agrees to annually budget an amount at least sufficient to make
the semi-annual payments required under this Agreement, which amount is
intended to be obtained by savings in energy costs. The lack of sufficient
savings in energy costs to make payments shall not excuse Borrower from its
obligation under this Agreement. If Borrower is a county, city, town, township,
Board of Education or school district, Borrower agrees that the amount of
the semi-annual 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 derived from savings in energy costs resulting from the subject energy
conservation project, or from sepecial fund revenues reserved to the agency
or department of which the subject project is to become a part.
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 due and payable.
14. REPORTING
Within ten days after the Commission's written request, the Borrower shall
submit a status report on its activities to date pursuant to this Agreement
in such format as determined by the Commission and as often as reasonably
required by the Commission.
15. FAIR EMPLOYMENT PRACTICES
The attached Fair Employment Practices Addendum is expressly made a part of
this agreement. Reference to "The Contractor" in the addendum shall be
considered as reference to "The Borrower" under this Agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon
the date first above written.
BORROWER (If other than an individual, statf1
STATE OF CALIFORNIA - Energy Commission whether a corporation, partnership, etc.)
By (Authorized ignature y (Authorized Signature
Ma ,r
Title it e
APPROVED AS TO FORM:
ATTEST;
City AtLnrnj�y ---City Clerk _
Amount Encumb-ered Appropriation Fund jChapter
Energy Conservation
Support Assistance Account 1124
Statutes Fiscal Year Line Item Allotment Loan Number
1979 1979/80 903-44-00
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 DATE
hereby certify that all conditions for exemptions set forth in State Administrative
Manual Section 1209 have been complied with and this document is exempt from
review by the Department of Finance.
SIGNATURE OF OFFICER SIGNING ON BEHALF
STATE OF CALIFORNIA—THE RESOURCES AGENCY EDMUND G. BROWN JR., Governor
CALIFORNIA ENERGY COMMISSION
1111 HOWE AVENUE �-o~
SACRAMENTO, CALIFORNIA 95825
J
6 -
City of Cupertino
P. O. Box 580
Cupertino, California 95014
Attn: Glenn M. Grigg
Traffic Engineer
Dear Mr. Grigg:
A iJ,27, 1981
CITY Ot�V_
LE IN
PUBLIC WORKS
REGF1Yf.D.
You will be pleased to learn that your Energy Conservation Assistance Loan
Application has been approved for the purpose of:
Energy Conservation Measure/Streetlighting
The Loan amount is $ 114,311.00 at 7.75 percent per annum, and is to be re-
paid in 16 semi-annual installments of $ 9,994.41 . Payments are to be made
from energy savings.
Please note that the figures shown in the attached amortization schedule are
approximations based upon information available at the time this loan was
made. The final payment may vary from those shown, or the Promissory Note
redrawn because:
A. The law requires payments to begin no later than December 22
following the fiscal year in which the project is completed.
Shown in the amortization schedule is the estimated project
completion date.
B. Loan funds were assumed to have been advanced on the estimated
date shown. If the funds are advanced on a different date, or
if funds are advanced on a construction progress basis, the
payments will vary from those shown.
C. The payment amount was calculated to amortize an amount which is:
1. The loan amount shown, and
2. The accrued interest from the estimated project start date
through 06/22/81 (six months before the assumed first payment
due date).
Enclosed are 4 (four)
Invoice(s). Please
1 (one) copy and retL
Promissory Note to tk
copies of the Loan Agreement, Promissory Note and
ve all copies with original signa� tu:esi Rem tail
n 3 _(three) signed copies of the Loan Agreement and
s office.
CECT,n-a v 1 0 /An 1
\ l
The invoice form mu
payment is esired,
PO)Q
and sending 3 t ree to:
lete 4 (four)
ies of invoice, retaini
California Energy Commission
Loan Office, M.S. 57
1111 Howe Avenue
Sacramento, California 95822
The original invoice may be for up to 100 of the amount of the loan in advance.
All subsequent invoices shall be on a progress payment basis and be accompanied
by billings to substantiate the invoice. r
According to the following loan disbursement schedule, which has been determined
appropriate for your loan, your loan disbursement schedule will be as follows:
Disbursement of total amount of loan in not more than 10 seperate payments as
required during the course of the approved project in order to finance con-
struction progress, with supporting documentation. Interest will start at the
time each check is drawn by the State Controller's Office. Receipt of check
can normally be expected within two to four weeks after submission of invoice.
Please also attach a cop of a resolution of Zour governing body authorizin
�: ery
signer to enter into and obligate your organization to this Loan Agreme
- nd ProNote- Not(and Deed of Trust if applicable).
Annually, at the completion of each fiscal year, but not later than October 31,
each institution must prepare and submit to the California Energy Commission
an Annual Energy Savings Report. This report must show the computed cost of
energy saved as a result of the project completed with loan funds. Also, a
copy of the Energy Audit Report and Technical Audit Report (if applicable)
must be submitted to the California Energy Commission at completion of the
project.
Should you have any questions, please do not hesitate to call me at
(916) 920-7215.
Thank you for your cooperation.
Sincgrely,
JOHN L. TITUS
Loan Officer
Enclosures
CECLO-4a (10/80)
04/2_Of81 CALIFORNIA ENERGY COMMISSION PAGE i
E Nd F R G Y CIO N S E F: V A T 1 0 N A S S I S T A N C E L 0 A N S
LOAN.] AHIORTIZATION SCHEDULE
LC'AN NUl M F'EP
OPGANI7 AT1CH
LOAN AY^ SUP: T
ANNUAL I^,tTFR��-:T RA.TF
NUMBER OF SEMIANNUAL PAYMENTS
ESTIMATED L()AN START 'SAT
ESTI`"ATED PROJECT COMPLtTION' 12 -ATF
ASSUMED FIRST PAYN'EIJT DATF.
DATF TFA.NSftCTI'1rJ
^2/u9/F1 LCV' ADVA'dCE
06/22/81 A."A C, RTIZAT10N L".) TE
12/22/1:1 PAY'; ENT N0. i^1
06:/22/.2 PAYT N0. u2
12/22/x,2 F'AY"'","aT 0 3
06/22!83 'AY €uT , , ,4
12/22/83 PAYMI NT `'u. 95
CES/22/ 4 F'�Y` r. `JT `1,0. -.c
12/22lA4 F'AY''F'<T %J • ^7
12/22/8; PAY'y':FuT NO Cry
06/22tf?r, PCY1 r NT 1\10 1.0
0Ef22/P7 PAY. T v 12
12122 7 PAY '!r ;VT801. 13
06/22/},;:.. ::AYPf7 T . 14
12/22/8 8 PAY T 0 1'5
06/2.2P F- AYF N T N0 16
94-000
CITY OF CUPERTINO
114011 .0 O
7.75
16
02/09/81
05/22/81
12 /22/81
Ar^CUNT
INTEREST
PRINCIPAL
BALANCE
11�+1311.68
114,311.0
3922F:.11
117,53?.1.1
9 4.41
4 +15c'4.6
99439.77
1129 099.34
99`94.41
49343.85
5.650.56
1069448.78
999,4.41
4 9124.89
59869.52
100v579.26
99994.41
3.897.45
E90'?6*46
949482.30
9,954.41
391-61.19
693!3.22
889149.08
y9994.41
39415.786
9578.63
819570.45
?9:94.41
39166.85
69833.56.
749736.89
-99994.41
29896.:0
79C9R.L;6
679638.53
"9o`a4.41
29620.59
79373►42
609265.11
999+4.41
29'30.27
79r359.14
529605.97
' 9494.41
29038.48
79955.93
449650.04
9.C94.41
19730.1`.^
8.9264.22
!69385.82
99494.41
194:9.95
8,9`x84.46
2798"1.3.5
�"GC'4.41
1,;77.30
89917.11
189884.2^
9,904.41
731.76:
992_62. E5•
99621.60
';96+94.44
372*84
99621.6a
0.D0
LOAN NO: 94-000
LOAN AM0UNT: $1149311.00
ENERGY CONSERVATIONi ASSISTANCE LOAN AGREEMENT
THIS AGREEMENT IS MADE AND ENTERED LNTO THIS 20 DAY OF APRIL 19819
IN THE STATE OF CALIFORNIA BY AND BETWEEN THE. STATE' OF CALIFORNIA
CALIFORNIA. ENERGY COMMISSION9 HEREINAFTER "COMMISSION119 AND CITY OF
CUPERTINO HEREINAFTER "BORROWER".
1. AUTHORITY
A. PURSUANT TO THE PURPOSES AUTHORIZED BY THE ENERGY CONSERVATION
ACT, SECTION 2541,09 ET SEJ9 OF THE CALIFORNIA PUBLIC RESOURCES
CODE• THE COMMISSION HAS APPROVED BORROWERVS LOAN APPLICATION
DATED ___l, jrj-.RL___ __ WHICH IS NOT ATTACHED BUT IS EXPRESSLY
I14CORPORATED BY REFERENCE HEREIN«
B. SUBJECT TO THE TERMS9 COVENANTS AND CONDITIONS CONTAINED HEREIN9
AND THE ATTACHED LOAN APPROVAL REQUEST TO THE EXTENT IT MODIFIES
BORROWERS LOAN APPLICATIONS THE COMMISSION SHALL MAKE A LOAN TO
BORROWED IN THE AMOUNT OF ONE HUNDRED FOURTEEN THOUSAND THREE
HUNDRED ELEVEN AND 00/100 DOLLARS ($1149311.00)9 EVIDENCED BY A
PROS"ISSORY NOTE LOAN NO. 94-000 ATTACHED HERETO AS EXHIBIT A.
2. GENERAL TERMS
A. THE BORROWER AGREES TO INDEMNIFY• DEFEND AND SAVE HARMLESS THE
STATEt ITS OFFICERS* AGENTS AND EMPLOYEES FROiM ANY AND ALL
CLAIMS AND LOSSES ACCRUING OR RESULTING TO BORROWER AND TO ANY
AND ALL CONTRACTORS, SUBCONTRACTORS9 MATERIALMENt LABORERS AND
ANY OTHER PERSON• FIRM OR CORPORATION FURNISHING OR SUPPLYING
qORK9 SERVICES, MATERIALS OR SUPPLIES IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT9 AND FROM ANY AND ALL CLAIMS AND
LOSSES ACCRUING OR RESULTING TO ANY PERSONt FIRM OR CORPORATION
WHO MAY BF INJURED OR DAMAGED BY THE BORRD�JER IN THE PERFORMANCE
OF THIS CONTRACT.
B« THE BORROWE.R9 AND THE AGENTS AND EMPLOYEES OF BORROWER9 IN THE
PERFORMANCE OF THTS AGREEMENT9 SHALL ACT IN AN INDEPENDENT
CAPACITY AND NOT AS OFFICERS OR EMPLOYEES OR AGENTS OF STATE
OF CALIFORNIA.
C. WITHOUT THE WRITTEN CONSENT OF THE COMMISSION9 THE AGREEMENT
IS NOT ASSIGNABLE OR TRANSFERRABLE 3Y BORROWER EITHER IN WHOLE
OR IN PART.
D. TIME IS OF THE ESSENCE IBJ THIS AGREEMENT.
E« F"k ALTERATIGN OR VARIATION OF THE T=RMS OF THIS AGREEMENT
SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED RY THE PARTIES
HERETO, AND NO ORAL UNDERSTANDING OR AGREEMENT NOT INCORPORATED
HEREI!•l-p SHALL BE BINDING O,J ANY OF THE PARTIES HERETO,
j. PURPOSE .
THE PORROI.WER AGRFES TO FXPEND ALL FUNDS ADVANCED PURSUANT TO THIS
AGREEMENT ONLY FOR THE PURPOSES AND IN THE AMOUNTS SET FORTH IN
BORROIrdER*S APFROVED APPLICATIO-1. IN TH= EVENT THAT THE COMMISSION
DETER' l,NES THAT FUNDS HAVE BEEN EXPENDED FOR PURPOSES OTHER THAN
THCSE SPECIFIED, THE FULL AMOUNT OF THE L:RAN* INCLUDING PRINCIPAL
AND INTEREST, SHALL BE IMMEDIATELY DUE AND PAYABLE.
4. LOAN DISPURSEMENT SCHEDULE
A. THE COMMISSION AGREES TO DISBURSE FUNDS TO THE BORROWER UPON
THE PROPER EXECUTION OF THE ATTACHED PROMISSORY NOTE AND THE
APPROPRIATE SECURITY INSTRUMENTS, AND REQUIRED SUPPLEMENTAL
ODCUMENTS.
Es. LOAN FUNDS SHALL BE DISBURSED BASED ON INVOICES SUBMITTED BY
BORROWER IN A FORM APPROVED BY COMMISSION AT SUCH TIMES AND IN
SUCH AMOUNTS AS DETERMINED APPROPRIATE BY COMP"ISSION IN ORDER,
TO ACCOMPLISH THE PURPOSE OF THE LOAN.
5, INTEREST
THE LOAN HEREIN SHALL BEAR SIP':PLE INTEREST AT THE 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 SHALL ACCRUE
FROM THE TIME OF DISBURSAL TO THE BORROWER UNTIL RECEIPT OF REPAYMENT
TO THE COMMISSION.
6. Tr— RI
A. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE DATE OF ITS
EXECUTION BY THE C011MISSION.
B. THE BORROWER AGREES TO COMPLETE PERFORMANCE OF ITS OBLIGATIONS
UNDER THIS AGREEMENT WITHIN THE PERIOD STATED IN THE BOR.ROWER•S
APPROVED LOAN APPLICATIONe
7. REPAYMEN1T
ALL FUNDS ADVANCED "HEREUNDER, TOGETHER WITH ALL INTEREST PAYABLE
THFRFON, SHALL BE REPAID TO THE COMMISSION NO LATER THAN THE DATE
SPECIFIED IN THE PROMISSORY NOTE.
Vii, PREPAYMENT
BORROWER SHALL HAVE THE RIGHT TO PREPAY AT ANY TIME ALL OR ANY PART
OF THE AMOUNT OF THIS LOAN WITHOUT PENALTY.
9. PRO'ITSSORY NOTE
IRI ORDER TO EVIDENCE ITS DEBT TO THE COMMISSION HEREUNDER• THE
BORROWER AGREES TO* CONTEMPORANEOUSLY iWITH THE EXECUTION ,0F THIS
AGREEMIENT-p EXECUTE AND DELIVER TO THE CDMMISSION A PROMISSORY
NOTE.
(2)
10. iSE.CURITY <APPLIES ONLY TO NONGOVERNMENTAL BORROWERS1
A. THE COMMISSION MAY REQUIRE SECURITY FOR A LOAN OF $109000 OR
MORS. IF REQUIRED BY THE COMMISSION!:
(1) BDRR04ER AGREES TO EXECUTE A DEED OF TRUST ON THE PROPERTY
TO BE IMPROVED UNDER THE TERMS OF THIS AGREEMENT TO SECURE THE
ATTACHED PROMISSORY NOTE, WITH SAID DECD OF TRUST NAMING THE
STATE OF CALIFORNIA, CALIFORNIA ENERGY COMMISSION AS BENEFICIARY;
BORROWER SHALL ALSO OBTAIN AND DELIVER A STANDARD CLTA TITLE
INSUR.A14CE POLICY FOR THE SECURED PRDPERTY, INSURING THE
COMMISSIONwS INTEREST AS LENDER, (2) BORROWER FURTHER AGREES
THAT, AS PAPT OF ITS LOAN APPLICATION AND AT THE REQUEST OF THE
COMMISSION, IT HAS SUBMITTED A CURRENT PRELIMINARY TITLE REPORT
AND A CURRENT MARKET VALUE APPRAISAL OF SAID PROPERTY WITH VALUES
SUPPORTED 3Y AVAILABLE MARKET DATA WHICH HAS BEEN PREPARED BY A
LICENSED APPRAISER,
B. FOR ALL NONGOVERNMENTAL LOANS THE BORROWER AGREES THAT IN THE
EVENT THAT IT SELLS, TRANSFERS. MCRTGAGESe DISPOSES OR FURTHER
.- E
'CUMBERS THE SAID PROPERTY, OR ANY PART THEREOF, WITHOUT THE
PRIOR WRITTEN CONSENT OF THE COMMISSIONS THEN THE COMMISSION
SHALL HAVE THE RIGHT, AT ITS OPTIONS 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 FORPOWER AGREES TO DEPOSIT
ALL FUNDS RECEIVED UNDER THIS AGREEMENT IN A SEGREGATED ACCOUNT
IN AN INSTITUTION WHOSE DEPOSITS AR. INSURED BY THE FEDERAL OR
THE STATE GOVERNMENTS.
F. THE BORROWER FURTHER AGREES TO ESTA3LISH ON ITS BOOKS Ar' ENERGY
CONSERVATION LOAM ACCOUNT WHICH SHALL BE MAINTAINED AS LONG AS
THE LOAN OBLIGATION REMAINS UNSATISFIED.
C. THE: B<`RRrWER 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
a1HICH ALL
EXPENDITURES FROM 0"^ SAID ACCOUNT WILL PE AUTHORIZED AND
A UTHEN!TI CATED.
F. THE PC)RROWER FURTHER AGREES TO ALLOW THE COMMISSION OR ANY OTHER
AGENCY OF THE STATE, ON WRITTEN REQUEST, TO 14AVE REASONAFLE
ACCESS TO AND THE RIGHT OF INSPECTING ALL RECOIRDS THAT PERTAIN
TO SAID ACCOUNT AND AGREES TC SUBMIT TO AN INDEPENDENT AUDIT,
IF THIS SHOULD BE REQUESTED PY THE COMMISSION, AT THE EXPENSE
OF THF B'RRCWFP.
12. , RUDGET
THE BORROWER AGREES TO ANNUALLY BUDGET AN AMOUNT AT LEAST SUFFICIENT
TO MAKE THE SEMI—ANNUAL PAYMENTS REQUIRED UNDER THIS AGREPITNT•
WHICH AMOUNT IS INTENDED TO BE OBTAINED BY SAVINGS IN ENEP.GY COSTS,
THE LACK OF SUFFICIENT SAVINGS IN ENERGY COSTS TO MAKE PAYMENTS
SHALL NOT EXCUSE BORROWER FROM,, ITS 0BLIGATIC-N UNDER THIS A.GREFMENT.
IF 3?RROSWER IS A COUNTY, CITY9 TOWNS T04NSHIPt BOARD OF EDUCATION OR
SCHOOL DISTRICT, 80RROWER AGREES THAT THE AMOUNT OF THE SE"-"I—ANNUAL.
LOAN REPAYMENT SHALL NOT BE RAISED BY TAE LEVY OF ADDITIONAL TAXES
AND SHALL NOT BE A CHARGE AGAINST BORROWERS GENERAL FUNDS BUT SHALL
BE DERIVED FROM SAVINGS Ir; ENERGY COSTS RESULTING FROM THF SUBJECT
ENE;PfY CONSERVATION PROJECT' OR FROM SPECIAL FUND REVENUES RESERVED
TO THE AGENCY OR DEPARTMENT OF WHICH THE SUPJECT rROJECT IS TO
BECOME A PART,
13. DEFAULT
A. IN THE EVENT THE BORROWER, FOR ANY REASONe 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
BORROWERS THE COMMISSION. WITHOUT LIMITING ANY OF ITS OTHER
LEGAL RIGHTS OR REMEDIES, MAY DECLARE THE PROMISSORY NOTE
EVIDENCING- THE Ll,,AN TO BE DUE AND PAYABLE.
14. REPORTING
WITHIN TEN DAYS AFTER THE COMMISSIONS WRITTEN REG'UEST9 THE
BORROWER. SHALL SUBMIT A STATUS REPORT OV ITS ACTIVITIES TO DATE
PURSUANT TO THIS AGREEMENT IN SUCH FOPMAT AS DETERMINED BY THE
COMMISSION AND AS OFTEN AS REASONABLY REQUIRED PY THE COMMISSION.
15. FAIR. EMPLOYMENT PRACTICES
THE ATTACHED FAIR EMPLOYMENT PRACTICES ADDENDUM IS EXPRESSLY MADE
A PART OF THIS AGREEMENT. REFERENCE TO THE. "THE CONTRACTOR" IN
THE ADDENDUM SHALL BE CONSIDERED AS REFERENCE TO "THE PORROWER"
UNDER THIS AGREEMENT.
(4 )
IN WITNESS WHEREOF9 THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES
HERETO* UPON THE DATE FIRST ABOVE WRITTEN.
STATE OF CALIFORNIA,
ENERGY COMMI �SSIO
------ r ------------
B- (A ORI D SIGNATURE)
---- ---------------- - ------
TI TLE
BORROWER (IF OTHER THAN AN
INDIVIDUAL, STATE WHETHER A
CORPO ATION9PARTNERSHIP9 ETC.)
-- -- ---__- - - - - - - - - -
BY (AU HORIZED SIG ATURE)
TITLE eve/t tfNC
-------7----TT -------------------------------------------------------------
AMOUNT ENCUM?ERED
{ APPROPRIATION
{ FUND j
CHAPTER
{
{ ENERGY CONSERVATION {
$124,311.0^
{ SUPPORT
{ ASSISTANCE ACCOUNT {
1124
------------------
STATUTES
{---------------
{ FISCAL YEAR
{---------------------- {---------------
{ LINE ITEM ALLOTMENT {
LOAN NO.
1979
------------------{---------------{----------------------{---------------
{
j 1900-01
{ i
{ 903-44-30 {
94-000
I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE
AV.AILA.BLE FOR THE PERIOD AND PURPOSE OF THE EXPENDITURE STATED ABOVE.
-------------------------------------------------------------------------
SIGNIATURE OF ACCOUNTING OFFICER DATF
=---------------------------------�-----------
I HEREBY CERTIFY THAT ALL CONnITIONS FOR EXEMPTIONS SET FORTH IN STATE
ADMINISTRATIVE "MANUAL SECTION 1209 HAVE PEEN COMPLIEC VITH AND THIS
DOCUMENT IS EXFMPT FROM REVIEW BY THE DEPARTMENT OF FINANCE.
-------------------------------------------------------------------------
SIGNATURE OF OFFIC SIGN 4011 BEHALF OF TH=
--------------- - --- ----- -----
(5 )
AGENCY DATE
ATTEST•/
Ci y Clerk
APPROVFD AS W 0 FO
ty of Cue ino Attorney
LOAN NO: 94-000
LOAN AMOUNT: 8.11.49311.0
PROM TSSOPY .1107E
1. FOP VALUE. RECFIVE , THE UNDERSIGNED (H=REINAFTER REFERRED TO AS THE
"FOR KUiFR.") PROMISES TO PAY TO THE ORRER OF THE STATE OF CALIFORNIA,
CALIFOPNIA ENERGY COMMISSION (HEREINAFTER REFERRED TO AS THE
AT ITS PPI^CIPAL PLACE OF BUSINESS IN SA.CRAMEr.T09
CALTFOR":IA, OF AT SUCH OTHER PLACE AS THE CCMKISSION MAY DESIGNATE•
THE PRINCIPAL SUM OF ONE HUNDRLD FCUPTE_N THOUSAND THREE HUNDRED ELEVEN
AND 00/10 DOLLARS ($114011.00) OR SUCH LESSEE; AMOUNT AS SHALL EQUAL
THE AGGREGATE A° -"CUNT DISBURSED TO THE BORROWER BY THE COMMISSION AS
EVIDENCED 9Y THE ATTACHED DETAIL LIST, TOGETHER WITH INTEREST ON TIME
UNPAID PRINCIPAL COMPUTED FRO" THE DATE EACH DISRURS74ENT TO THE
HORR WER U-NTIL REPAID BY THE KOPROWER AT THE. INTEREST RATE GF SEVEN AND
THREE—(QUARTER PERCENT ( 7.75) PER ANNUM9 PRI%C IP4L AND INTEREST TO BF
DUE AND PAYABLE IN SIXTEEN (16) SEMI—ANNUAL INSTALLMENTS OF NINE
THOUSAND NINE HUNDRED NINETY—FjUR AND 41/120 DOLLARS ($99994.41) EACH,
BEGINNI%G CN OR PEFOnE DECE"^BER 22 OF THE FISCAL YEAR FOLLOWING THE
YEAR IN WHICH THE PROJECT IS COMPLETED OR ON DECEMBER 229 1985,
WHICHEVER IS THE FIRST TO OCCUR, AND CONTINUING THEREAFTER UNTIL SAID
PRI'NCIP'AL AND I'NTFREST HAVE PEEN PAID IN FULL.
2. PAYMFNT OF ANY INSTALLMENT SHALL RE FIRST .APPLIED TO ACCRUED INTEREST
TO THE PATE OF DISBURSAL TO THE BORROWER AND THE BALANCE* IF ANY, TO
PRI!NC,IPAL. THE BCPPOWEP MAY PnEPAY THIS ''OTE IN FULL CR IN PARTS
WITHOUT PENALTO PUT ANY SUCH PREPAYMENT SHALL RE FIRST APPLIED TO
PRINCIPAL AND THE BALANCE• IF ANY, TO ACCRUED INTEREST:
3. IF ANY INSTALL`'ENT IS NOT PAID QTTHIN 30 DAYS AFTER ITS DUE DATE, THE
COMMISSI5ho AT TTS OPTION MAY REAUIRE THE BORROWER TO PAY A LATE
CHARGE EQUAL_ TO 5X OF THE AMOUNT CF THE INSTALLMENT, OR T59 WHICHEVER
IS GREATER,
4. FOP. NCN—G'OVERWYENTAL &&ROWERS OF A LOAN OF $109000 OR MORE, THE
INDEPTEDNESS EVIDENCED BY THIS NOTE IS MADE PURSUANT TO A LOAN
AGREFMENT BETWEEN THE EORROIER AND THE COMmISST ON AND IS SECURED
EY A DEED OF TRUST.
5. ON THE OCCURRENCE OF ANY EVENT OF DE:FAJLT, THE COMMISSION* AT ITS
SOLE ELECTION, MAY DECLARE ALL OR ANY PORTION OF THE PRINCIPAL
AND ACCPUEP I5TEI EST ON THIS NOTE TO BE IMMEDIATELY DUE AND PAYABLE
AND MAY +`'R3CEED AT ONCE WITHOUT FURTHER NOTICE TO ENFORCE THIS :NOTE
ACCORDING TO LAW*
EACH OF THF FOLLOWING CCCURRENCE S SHALL CONSTITUTE AN EVENT OF
DEFAULT:
A. FAILURE OF THE 60RROWEP TO REPAY ANY PRINCIPAL OR INTEREST WHEN
DUE. Uhl^E:R THE TERMS OF TITS NOTE}
B* TERVINAT10% OF SAID LOAN AGREEMENT PURSUANT TO THE TERMS THEREOF
09 PREACH BY THE B04ROW5P OF ANY KIMS OF SAID LOAN AGREEMENT:
C. FAILURE OF THE BORROWER TO UNDERTAKE IN A TIMELY WAY THE
EXPRESS A;Ci IMPLIED ACT IVITIFS FOR 4HICH SAID LOAN A.GRE.EN'ENT
H.AS FF.E''\ EXECUTED OF. A SUP TANTIAL REDUCTION EY THE FOPR OWER
IN THF SCOPE: OF SAID 4CTIVITIES;
D. r'CCURREdCE OF ( 1 ) THE IC R- f)WER►S BECOMIfiG INSC;LVENT OR BANKRUPT
OR "FINE= UNABLE OR ADPIITTING IN WRIT T%G ITc INABILITY TO PAY ITS
DE"TS AS TF EY iMATURE -'R MAKIN'T A GEVERAL ASSI'CNMEiNT FOR THE
P,-N..EFTT "F CR ENTERING INTO ANY COM30SITT.)N OR ARRANGE EENT WITH
CRE!)ITO�PS; (S) PROCEEDINGS FOR THE APPOINTMENT OF A RECEIVER•
TRUSTEF► ')R LIQUIDATOR OP THE ASSETS OF THE BORROWER OF'' A
SUBSTANTIAL PART THEREOF► iIEIPG AUTIORIZED OR INSTITUTED BY OR
AGAINST THE PORROkER; nR f -�) PPOCEEDINGS UNDER ANY BANKRUPTCY►
"RFORGA;I'IZ.ATICs",)► READJUST"oE.NJ JF DEBT► IN,30LVE',JCY► DISSOLUTION+
LIQUIDATION OR OTHER SIPnILAR LAW OR ANY JURISDICTION BEING
AUTHORIZEC OR I",.!STITUTED AGAINST THE E;0RRCiWE.R,
7, NO DFLA.Y OR FAILURE- OF IS -3 ION I.N THE EXERCISE= OF ANY RICHT OR
RE' MECY HERE UND':R „Z U`.+CfER ANY OTHER. AGR-E',4ENT► WHICH SECURE -S OR
IS REL4TFD HE''RETCI♦ SHALL AFFECT ANY SUCH RIGHT OR PEP'EDY► ANn NO
SI":OLE ,�r; PARTIAL EXE GC ISE Or ANY SUCH RI'HT OR R> PjFDY SHALL
'RSCLUDE ANY FHF THER EXERCI SF THERE -OF► Ar,![) NO ACTION TAKEN OR
0"ITTE.D RY C V, ".'iSSI:-t SHALL nDEE-MEr) A WAIVER. :rF ANY SUCH R.I;HT
OR REn"17DY.
R. AfuY ^!^TICF_ T TF."t. sCRF'.OWEn PRCDfVIDED FCR IN THIS NOTE SHALL BE GIVEN
DY'IAILi'' SUCH .,:C,TICE BY CFRTIFIED MAIL ADDRESSED TO THE PORROWER
AT THF AL -)Or' ES`_ ST; TED IN THE LOAN AGREEMENT" ti'R TO SUCH OTHER
A90RESS Ac. THt t.OP'ROWER "AY DESIGIIIATE BY NOTICE T_° THE COMMISSION.
A,NY lr)TICE T3 THE CJMi"ISSI N' .`3HALI. BE GI VEN BY MAILING SUCH NiOTICE
FY CFRTIFIED "14 IL F.r..TURP; RECEIPT REQUESTED9 TO, THE COMMISSION AT
THE -. DORIES S' STATED IN TIDE L0Ai, AGRFFMENT9 C`R AT SUCH OTHER ADDRESS
AS f,1AY ; AVr- tPEE N DESIGNATED flY NOTICE TG THE PORROWER.
`3. IF SUIT I`.: FROuGHT TO COLLECT THIS NOTE► THE COMMISSION SHALL eE
E. TITLE') TO COLLECT ALL REASONABLE COSTS AvD EXPENSES OF SAIL) SUIT.
INCLUDM(=. REASONA°LE ATT ,R E •` FEES.
10. THIS 'u TE SHALL BE BINDING UPON THE BORROW'EF. A.'!C ITS SUCCESSORS
ASD ASSIG is A'\11 UP, -;I\ THE COPMISSION AND ITS SUCCESSOPS AND ASSIG^JS.
I1. Tldl 7 '+'')T'= SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE
L41WS OF T! -E STATE: OF CALIFORNIA.
__---- —----------— — — — — — — — — — — — —
T IT L'
LOAN NO: 94-000
LOAN AMOUNT: $1149311.00
PAGE 1
PROMISSORY NOTE DETAIL
TYPE ECM FACILITY N0, 01
THE PRINCIPAL SUM OF
FOR: CONVERT 877 MERCURY VAPOR TO HI3H PRESSURE SODIUM
RESOLUTION NO. 5528
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF ENERGY CONSERVATION ASSISTANCE
LOAN AGREEMENT
WHEREAS, the City desires to participate in the energy conservation loan
assistance program made available through the State of California, California
Energy Commission; and
WHEREAS, a proposed "Energy Conservation Assistance Loan Agreement"
with accompanying "Promissory Note" are hereby presented to the City Council
and said documents having being approved by the Director of Public Works and
the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute the aforementioned documents in behalf of the
City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th day of January 1981 by the following
vote:
Vote Members of the Citv Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Dorothy Cornelius
City Clerk
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino
THIS IS To CERTIFY
INSTRUMENT ISA THAT THE
AND
WIHIN
OF THE ORIGINAL ON FILE IN ORRECT CO
THIS FICI t
ATTER? /
CITY (6
CLED, 79
TH - CITY ❑,- C'
o Y IJP-
TINO
CfTY