CC RES 2010-047 RESOLUTION NO. 2010-47
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, STATE OF CALIFORNIA, CONSENTING TO INCLUSION OF
PROPERTIES WITHIN THE INCORPORATED AREA OF THE CITY IN THE
LOS ANGELES COUNTY ENERGY PROGRAM TO FINANCE DISTRIBUTED
GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND
WATER EFFICIENCY IMPROVEMENTS, APPROVING THE REPORT
SETTING FORTH THE PARAMETERS OF THE REFERENCED PROGRAM
AND CERTAIN MATTERS IN CONNECTION THEREWITH.
WHEREAS, Chapter 29 of Part 3 of Division 7 of the California Streets and Highways
Code (the "Act") authorizes cities and counties to assist free and willing property owners in
financing the installation of distributed generation renewable energy sources and energy and
water efficiency improvements (the "Improvements") that are permanently fixed to residential,
commercial, industrial or other real property through a contractual assessment program; and
WHEREAS, the Board of Supervisors (the "Board of Supervisors") of the County of Los
Angeles, a political subdivision of the State of California (the "County"), has established a
contractual assessment program named the Los Angeles County Energy Program ("LACEP")
pursuant to the Act; and
WHEREAS, the parameters of LACEP are set forth in the Report attached hereto as
Exhibit A (the "Report") and such Report has been prepared by the Director of the Internal
Services Department of the County, as Program Administrator (the "Program Administrator'),
pursuant to Section 5898.22 of the Act and approved by the Board of Supervisors; and
WHEREAS, the Act authorizes the County to enter into contractual assessments with
property owners located within incorporated cities only subsequent to the approval of the
legislative body of the related city to participate in LACEP; and
WHEREAS, the City of Rancho Palos Verdes desires to participate with the County in
LACEP, under terms and conditions agreed to by Rancho Palos Verdes and the County, and
provide for participation in LACEP by property owners located within City limits; and
WHEREAS, this Council of the City (this "City Council") has reviewed the Report;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the
Council of the City of Rancho Palos Verdes as follows:
Section 1 The recitals set forth hereinabove are true and correct in all respects.
Section 2 This City Council finds and declares that properties in the City's incorporated
area will be benefited by participation in LACEP.
Section 3 This City Council ratifies the resolution adopted by the Board of Supervisors on
April 6, 2010 declaring the Board of Supervisors' intention to order the implementation of a
contractual assessment program to finance Improvements pursuant to the Act.
Section 4 This City Council hereby approves the Report substantially in the form attached
hereto as Exhibit A and finds and determines that changes to the parameters of LACEP that are
not material in nature do not require the approval of this Council.
Section 5 This City Council hereby approves the inclusion in LACEP of all of the properties
in the incorporated area within the City, as same may be amended through annexation from
time to time, the acquisition, construction and installation within City limits of the Improvements
set forth in the Report upon the request and agreement of the affected property owner, and the
assumption of jurisdiction thereover by the County for the aforesaid purposes. The adoption of
this Resolution by this City Council constitutes the approval by the City to participate in the
LACEP. This City Council further authorizes the County to set the terms of and implement
LACEP and to take each and every action necessary or desirable for financing the
Improvements, including the levying, collecting and enforcement of the contractual assessments
to finance the Improvements and the issuance of bonds secured by such contractual
assessments.
Section 6 The City Clerk is directed to file a certified copy of this Resolution with the Los
Angeles County Office of Sustainability, located at 1100 North Eastern Avenue, Los Angeles,
California 90063.
Section 7 City staff is authorized and directed to coordinate with the County, including the
Program Administrator and County staff, to facilitate operation of LACEP. City staff is also
authorized and directed to do all acts and things which may be required by this Resolution, or
which may be necessary or desirable in carrying out LACEP as described in the Report, as may
be amended from time to time, and approved by this
PASSED, APPROVED and ADOPTED this 15th day of June 2010.
M-ao r
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2010-47 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 15, 2010.
City Clerk
Resolution No. 2010-47
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Los Angeles County
Energy Program
(LACEP)
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CALIFORN�P
PROGRAM REPORT
Resolution No. 2010-47
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Los Angeles County Energy Program
Program Report
Table of Contents
Background...............................................................................................................................................1
ProgramBenefits......................................................................................................................................2
ProgramAdministration............................................................................................................................3
ProgramDuration .....................................................................................................................................3
AI. PROGRAM REQUIRFMENTS.................................................................................................................3
Geographic Parameters and Participating City Requirements.................................................................3
Eligible Owners and Properties................................................................................................................4
EligibleImprovements ..............................................................................................................................5
EligibleCosts............................................................................................................................................5
III. PROGRAM 'INANCING .........................................................................................................................b
Strategyto Raise Capital..........................................................................................................................5
TheEnergy Fund......................................................................................................................................6
Maximum Aggregate Contractual Assessment........................................................................................6
Administrative Costs/Application Fee.......................................................................................................6
MaximumDisbursement Amounts............................................................................................................7
Single and Multiple Disbursements..........................................................................................................7
Assessment Interest Rate.........................................................................................................................7
Annual Administrative Assessment; Consultation with County Auditor-Controller...................................7
AssessmentTerm.....................................................................................................................................7
Assessment Collection and Default..........................................................................................................7
Rebatesand Incentives............................................................................................................................8
FinancingProcess....................................................................................................................................8
Priorityof Funding.....................................................................................................................................9
Property Owner Financial Responsibilities...............................................................................................9
IV. CHANGES TO THE PROGRAM REPORT.............................................................................................9
Appendix A: Area Map
Appendix B: Eligible Improvements
Appendix C: Draft Assessment Contract
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Los Angeles County Energy Program
Program Report
k INTROD UCTION
The Los Angeles County Energy Program ("LACEP" or"Program") is intended to help property owners
make capital investments in distributed generation renewable energy sources and energy efficiency and
water efficiency improvements (collectively known as "Improvements") that will provide long-term benefits
and reduced energy bills. The Program will provide a financing mechanism for the Improvements through
an assessment contract(the"Assessment Contract") between the County of Los Angeles (the"County")
and the property owner, pursuant to which the County will disburse a specified amount to the property
owner. The property owner will pay contractual assessments levied against the property through annual
installments on the property tax bill. If the owner sells the subject property prior to full repayment of the
assessment, the repayment obligation remains a lien on the subject property. The County intends to
finance the Program in part by issuing (or causing to be issued) bonds payable from contractual
assessment revenues. Participation in the Program is completely voluntary and property taxes for non-
participating property owners are unaffected by the Program.
This Program Report("Report") is prepared pursuant to Section 5898.22 of Chapter 29 of the California
Streets and Highways Code ("Chapter 29") in connection the establishment of LACEP. It includes the
following:
1) A map showing the boundaries of the Program -the territory within which contractual
assessments are proposed to be offered. See Appendix A attached hereto.
2) A draft Assessment Contract specifying the terms and conditions that would be
applicable to the property owner and the County. See Appendix C attached hereto.
3) A statement of County policies concerning voluntary contractual assessments, including
all of the following:
■ Identification of the types of facilities, distributed generation renewable energy
sources, or energy or water efficiency improvements that may be financed
through the use of contractual assessments.
■ Identification of one or more County officials authorized to enter into voluntary
contractual assessments on behalf of the County.
■ A maximum aggregate dollar amount of voluntary contractual assessments.
4) A method for establishing priority order among the requests from property owners for
financing through LACEP.
5) A financing plan for raising capital.
6) A report on the results of consultations with the County Auditor-Controller concerning the
additional fees, if any, that will be charged for incorporating the proposed voluntary
contractual assessments into the general taxes of the County on real property, and a plan
for financing the payment of those fees.
Back,arouud
Widespread implementation of distributed generation renewable energy sources and energy efficiency
and water efficiency measures in existing buildings within the County will help the State of California
("State") reach the greenhouse gas reduction goals set forth under State Assembly Bill 32 ("AB 32") and
help the County and surrounding cities achieve their own targeted reductions. Participating property
owners can help to achieve greenhouse gas reductions, reduce water and energy use, and save money
by investing in these measures.
Chapter 29 authorizes various public agencies, including counties and cities, to designate areas within
which free and willing property owners can enter into contractual assessments to finance the installation
of Improvements that are permanently fixed to residential, commercial, industrial, agriculture or other real
property. LACEP is the voluntary contractual assessment program developed by the County pursuant to
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Chapter 29. Any assessments and liens under LACEP are levied only with the consent of free and willing
owners of the property on which Improvements are to be made. The Program will provide financing for
qualifying property owners within the County to install Improvements pursuant to the terms and conditions
of the Assessment Contracts. Property owners will pay contractual assessments levied against their
property in installments on their property tax bills. Each contractual assessment is tied directly to the
applicable property and any unpaid amount at sale or other disposition of the property will remain on the
property and become the responsibility of the subsequent owner.
Pro ram Benefits
LACEP is intended to provide multiple benefits, including the potential for reduced utility bills for
participating property owners. LACEP also offers a means of financing Improvements with a lower equity
contribution than may be required in a conventional financing and establishes a loan obligation that is
attached to the property and not to the individual borrower. The financing is intended to be competitive
with conventional fixed-rate loans and provide for a streamlined financing and repayment process. All
available State, utility or other energy efficiency, water efficiency or renewable energy rebates, incentives
and all State and federal tax credits remain available to the property owner in connection with the
Improvements (subject to applicable rules, restrictions, regulations and the current status of programs
administered by other such entities), unless otherwise specified.
Incorporated cities may participate in LACEP without incurring the costs of forming separate programs
because LACEP's geographical boundary is coterminous with the County's boundaries and includes,
subject to such cities' approval of participation in LACEP, all 88 incorporated cities. Having a single
program available to all residents of the County is anticipated to increase participation by eliminating
confusion for residents in finding the appropriate program. Cities may join LACEP by adopting a
resolution allowing property owners in their respective jurisdictions to apply for financing and implement
Improvements under LACEP.
The Program seeks to mitigate long-term regional greenhouse gas production through the reduction of
energy usage from traditional utility sources and help the County and participating cities satisfy the
State's greenhouse gas reduction goals under AB 32. When it was signed into law in 2006, AB 32
established statewide goals for the reduction of greenhouse gas emissions and may yet require counties
and cities to adopt regional greenhouse gas emission limits similar to the statewide target of achieving
1990 levels of greenhouse gas emissions by 2020. To the extent permitted by law, the County will hold
and retain any carbon credits, offsets, carbon cap allocations, or other benefits attributable to the
Improvements financed by LACEP. It is the intention of the County to apply any benefits resulting from
such carbon credits to the furtherance of LACEP.
LACEP has the potential to provide a significant industry shift in the region towards an energy efficiency,
water efficiency and renewable energy economy. LACEP aims to be a catalyst in spurring a new"green"
economy in the County by supporting energy project inspection and installation jobs, job training and
workforce development, local manufacturing and distribution, research and development, and marketing
and outreach.
For the first few years of the Program, American Recovery and Reinvestment Act("ARRA") grants will be
used to partially fund LACEP. By the end of the ARRA funding term in 2012, LACEP seeks to achieve
the following goals:
1. Retrofit 15,000 single-family homes with a 20% average energy reduction.
2. Create 1,600 home energy retrofit jobs and 1,000 ancillary jobs.
3. Reduce annual purchased energy consumption in retrofitted homes by an aggregate 150 billion
British Thermal Units and $2 million in utility charges per year.
4. Reduce the County's annual greenhouse gas emissions attributable to energy consumption in its
existing housing stock by 20,000 tons of carbon dioxide.
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The benefits to both the regional economy and the environment are expected to increase once individual
cities join LACEP, as the above forecasts are quantified solely for unincorporated areas of the County.
Program Administration
The Program will be governed by the Board of Supervisors of the County of Los Angeles, which will
approve the Program parameters, approve the issuance of bonds, and delegate authority to authorized
officers to administer the Program.
The Director of the County's Internal Services Department will serve as the Program Administrator and
will provide day-to-day management of the Program, including design, implementation, and
administration. The authority to approve and enter into individual Assessment Contracts will be delegated
by the Board of Supervisors to the Program Administrator.
The County Office of Sustainability ("COS"), within the Internal Services Department, and the Program
Administrator will manage all Program activities, including, but not limited to, the following:
■ Marketing and community outreach;
■ Energy surveys and technical support for individual projects;
■ Customer service, including question and answer support to interested Program participants;
■ Assisting in project development;
■ Processing Program applications;
■ Managing and tracking funds available for financing Improvements;
■ Managing and tracking progress of the Improvements and financing therefor;
■ Tracking individual and collective energy and greenhouse gas benefits;
■ Integrating LACEP with other County, State, utility and regional rebate/incentive programs;
■ Working and coordinating with participating cities and other jurisdictions;
■ Providing information on local and regional environmental programs; and
■ Reporting progress and expenditures according to mandated reporting methods applicable to
appropriated funds, including amounts received pursuant to ARRA.
These activities are intended to provide quality Program design, administration and implementation for
qualifying property owners who may otherwise be unable to finance and install the Improvements.
Program Duration
Unless otherwise directed by the Board of Supervisors, the Program will continue as long as there is
sufficient demand and funding for the Improvements.
H. PROGRAM REQUIREMENTS
Geo,araphic Parameters and Participatinz City Requirements
LACEP is available in the unincorporated areas of the County immediately upon establishment of the
Program by the Board of Supervisors. Cities within the County may join LACEP and make assessment
financing available to qualifying property owners located within their city's boundaries. Anytime after the
County's establishment of the Program, a city's legislative body may adopt a resolution requesting
inclusion in the County Program. Pursuant to such resolution to participate in the Program, the city will
find and declare that the properties in the city's incorporated area will benefit from participation. Further,
the city's resolution will authorize the County to set the terms of LACEP, implement the Program, and
take action necessary for financing the Improvements.
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Participation in LACEP offers cities and their property owners the following advantages:
■ An opportunity to save money through energy and water efficiency improvements;
■ The ability to take advantage of substantial financial incentives and rebates from multiple
sources;
■ A financing mechanism that establishes an obligation that remains attached to the property; and
■ Job creation and stimulation of the economy.
Cities may elect to withdraw from participation in LACEP by adopting a resolution terminating their
involvement. If a participating city elects to withdraw from LACEP, no future assessment financing will be
made in that city, but assessment obligations made previous to the city's termination will remain in effect.
A map showing the Proposed Program boundaries is attached in Appendix A.
Eli,aible Owners and Properties
All owners of improved real property within participating areas are eligible to submit an application for
LACEP. Qualifying property owners may be individuals, associations, business entities, cooperatives and
any owner who pays real property taxes. At this time, financing through LACEP is not available for
properties that are not subject to property taxes, such as governmental entities and certain non-profit
corporations.
To protect the Program from defaults and to improve access to the capital markets, property owners must
meet the following minimum requirements to qualify for financing:
■ Property is located within Los Angeles County, and if within the boundaries of a city, the city has
adopted a resolution to join the Program;
■ Applicant is the legal owner of the property;
■ All legal owners of the property agree to participate in the Program;
■ The property is not subject to involuntary liens as set forth in the Assessment Contract or any
other Program document;
■ Property taxes and assessments are current on the property and have not been delinquent for a
period up to 5 years (or since the date of the most recent transfer if less than 5 years);
■ Property owner certifies that he/she is not in bankruptcy and the property is not an asset in a
bankruptcy proceeding;
■ Property owner certifies that he/she has not declared bankruptcy within the last 10 years;
■ Property owner certifies and demonstrates that he/she is current on his/her mortgage, has not
defaulted on the deed(s) of trust and can legally enter into the Program;
■ Improvement costs are reasonable to property value. Property must meet a minimum value-to-
lien ratio';
■ Property must meet a positive equity test and not exceed a maximum loan-to-value2 ratio; and
■ Property is subject to the appropriate jurisdiction's (County, city, or town) permitting and
inspections and all other applicable federal, State, and local codes and regulations.
Property owners may submit more than one application for funding under the Program if additional
Improvements are desired by the owner. However, all existing criteria must be met at the time of each
new application. Valuation of the property will reflect either the assessed value or the market value as
determined by using established industry approved methodologies. Costs for the scope of work will be
based on contractor estimates, quotes provided by the property owner, and general industry standards.
Additional due diligence or underwriting criteria may be required for the financing of large projects.
1 Value of the property divided by the amount of the contractual assessment.
2 Aggregate total of all liens secured by real estate mortgages on the property divided by the value of the property.
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Los Angeles County Energy Program
Program Report
The Program Administrator may exercise discretion in determining eligibility and any additional criteria
required for financing Improvements. Furthermore, the minimum eligibility requirements provided in this
Report are subject to change pursuant to the future financing needs of the Program.
Eli,aible Improvements
The Program provides property owners the opportunity to take advantage of a wide range of
Improvements, subject to the following provisions:
■ The Program will only finance distributed generation renewable energy sources and energy
efficiency and water efficiency measures that are permanently fixed to the property.
■ Property owners who elect to engage in broader retrofit projects (such as residential or
nonresidential remodeling)will only be provided financing for costs associated with Improvements
available under the Program.
■ The Program is intended to finance the replacement of working, inefficient equipment and
building materials and the installation of new equipment and building materials that reduce energy
consumption (beyond that required by existing, applicable building codes), produce renewable
energy, or reduce energy in connection with water usage. The Program will also make financing
available for purchasers of residential, commercial or industrial properties who wish to add
Improvements after transfer of title is complete.
■ Property owners are responsible for the Improvements installed on their property. Property
owners must address performance and other system-related issues directly with the installer in
accordance with the terms of their contract with the installer. Property owners are responsible for
maintenance and repair of the Improvements.
Examples of Improvements available for financing under LACEP are provided in Appendix B.
Eli,aible Costs
Eligible costs of the Improvements include the cost of surveys and audits, permits3 and inspections,
equipment, installation from licensed, approved professionals, and follow-up inspections. Installation
costs may include, but are not limited to, energy audit consultations, labor, design, drafting, engineering,
permit fees, and inspection charges. A qualified contractor of the property owner's choice can be
selected to complete installation of Improvements.
For each property, the Program Administrator will determine whether the estimated equipment and
installation costs are reasonable. The Program Administrator will evaluate market conditions and may
require the property owner to provide additional bids to determine whether costs are reasonable. While
the property owner will be able to choose the contractor of his/her choice, the amount eligible for the
LACEP financing may be limited to the amount deemed reasonable by the Program Administrator.
Projects that exceed a certain size and dollar amount may be subject to additional review.
III. PROGRAM FINANCING
Strateay to Raise Capital
The County intends to raise capital for the Program through one or more of the following financing
arrangements:
■ Issuing or causing the issuance of bonds pursuant to Section 5898.28 of the Streets and
Highways Code, the principal and interest of which will be repaid from contractual assessments;
3 All Improvements that require permits will be required to obtain such a permit from the local jurisdiction. Final inspection will
ensure that the Improvements were completed.
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Los Angeles County Energy Program
Program Report
■ Advancement of certain County funds or funds held by the County Treasurer and Tax Collector,
which will be repaid through contractual assessments or reimbursed from proceeds of a debt
issuance;
■ Application of funds received pursuant to federal and State programs and available for LACEP
financing purposes;
■ Issuing debt or entering into loan arrangements to fund the Improvements; and
■ Private or owner-arranged financing.
To the extent that the County issues debt, it is expected to include a debt service reserve fund in the
amount sufficient to enhance the marketability of the debt. The proceeds of the debt issuance will be
applied to cover the costs of Improvements, fund the debt service reserve fund, and pay costs of
issuance of the debt. The County may also pursue other financing options not listed above should such
options benefit the ongoing viability of the Program.
The Enemy Fund
The County will create a special fund, the Energy Fund ("Fund"), which will hold contractual assessments
revenues received pursuant to the Assessment Contracts. Moneys in the Fund shall be used to make
payments on debt issued by or on behalf of the County, fund certain administrative costs of the Program,
replenish the debt service reserve fund, if required, and repay funds advanced by the County. Amounts
in the Fund may also be used to finance additional Improvements secured by contractual assessments
and any other reasonable activity needed to advance the Program. Payment of the contractual
assessments will be made pursuant to Assessment Contracts between the property owner and the
County.
Maximum Awreaate Contractual Assessment
The County is authorized to enter into up to $1.0 billion in aggregate dollar amount of voluntary
contractual assessments. The County will coordinate the timing and issuance of debt with the goal of
providing the lowest possible interest rate to qualifying property owners and maintaining the long-term
financial viability of the Program.
Administrative Costs/Application Fee
The County will offer the Program as an additional County service that will help property owners achieve
reductions on their energy bills and other environmental goals, while helping the County achieve its own
environmental goals. The County will be responsible for:
■ Development and operation of LACEP;
■ Acquisition of LACEP financing;
■ Overall reporting of Program status and goals, including reports to financing agencies, regulators,
and stakeholders;
■ Overall structure and enforcement of Program governance; and
■ Management and administration of LACEP consultants needed to perform services under the
Program.
Certain administrative costs are anticipated in connection with the aforementioned responsibilities. All or
a portion of such administrative costs may be financed through the interest component of the contractual
assessment. The Program may also assign direct fees or charges to property owners for certain services
provided during the process of securing an Assessment Contract. The County will recover a portion of
these initial administrative costs through a one-time application fee.
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Maximum Disbursemeut Amounts
The County will set a maximum disbursement amount for individual properties under the Assessment
Contract. Where possible, the actual amount disbursed to a participating property owner pursuant to an
Assessment Contract will equal the actual cost of Improvements. In the event that the final cost of
Improvements exceeds the agreed upon maximum disbursement amount, the property owner will be
solely responsible for the payment of excess costs incurred to complete the Improvements.
Single and Multiple Disbursements
Most disbursements will be delivered to property owners in a single payment upon completion of the
Improvements. However, upon Program Administrator approval, some projects may qualify for multiple
disbursements, which will allow for one or more payments to be made prior to project completion.
Assessment Interest Rate
The County will set a maximum interest rate for individual properties under the Assessment Contract.
The final interest rate will be determined such that the total amount of contractual assessment payments
(principal and interest)will be sufficient to repay the debt issued to finance the Improvements, pay the
financing costs of such debt issuance, finance a debt service reserve fund with respect to such debt and
fund eligible administrative costs so that the Program remains financially viable. The County Treasurer
and Tax Collector, in conjunction with the Program Administrator, will determine individual contractual
assessment interest rates. Under no circumstances will the interest rate exceed the maximum rate
allowed by law.
Annual Administrative Assessment; Consultation with County Auditor-Controller
LACEP reserves the right to charge an Annual Administrative Assessment to cover costs incurred by the
County for the ordinary and necessary costs of administering the levy and collection of the contractual
assessments and all other administrative costs and incidental expenses related to the debt to be issued.
Separate from any application fee or administrative cost recovered through amounts paid on the
contractual assessment interest rate, the Annual Administrative Assessment will be collected in the same
manner as the contractual assessment and may be adjusted annually to reflect changes in costs. The
County Auditor-Controller has been consulted regarding any fees resulting from the incorporation of the
contractual assessments into the general taxes of the County on real property. It has been determined
that any such fees shall be collected pursuant to the Annual Administrative Assessment.
Assessment Term
The term of the contractual assessments will be no greater than the expected useful life of the
Improvements for each individual Assessment Contract. In no event will the term of any contractual
assessment exceed the maximum term allowed by law. The term of each contractual assessment will be
set under the Assessment Contract.
Assessment Collection and Default
The contractual assessments will be collected in the same manner and at the same time as the general
property taxes of the County. The contractual assessments are subject to the same penalties, remedies,
and lien priorities in the event of delinquency and default. If any contractual assessment becomes
delinquent and property taxes remain unpaid, the County shall have the right to initiate foreclosure
proceedings on the subject property. The LACEP foreclosure policy will be developed in connection with
future financing arrangements and will take into consideration any required covenants associated with a
bond issuance.
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Los Angeles County Energy Program
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Rebates and Incentives
Financing through the Program may coincide with current and future distributed generation renewable
energy, energy efficiency and water efficiency financial incentives available from utility providers as well
as local, State, federal, and other agencies. The value of expected rebates and incentives will be
factored into the financing available to the property owner. The Program will advise, and may require
that, participants apply for any and all applicable rebates and incentives available at the time of financing.
References to rebates and financial incentives in this Report do not include income tax rebates.
Financinz Process
The process for property owners to receive financing through LACEP is designed to be helpful,
transparent, and straightforward. Presented below are the general procedures for the application,
funding, and repayment process:
■ Education. Property owners may access a variety of resources to learn about the Program, the
financing terms, and other details. These resources may include a Program website, service
centers staffed to assist property owners, and information made available at community events.
■ Application. Property owners may apply for a funding reservation from LACEP and pay a non-
refundable application fee. Applications must include a proposed project (scope of work) and a
contractor bid.
■ Review and Approval. The Program Administrator will approve an application only after
confirming that the applicant and proposed project satisfy the underwriting criteria and other
Program requirements.
■ Reservation of Funds. Once the application is approved, the Program Administrator and the
property owner will enter into the Assessment Contract. At this point in time, a maximum
disbursement amount, loan term, and maximum interest rate will be set. The property owner will
also agree to the terms and conditions of the Assessment Contract. The Program Administrator
will provide assessment information to the County and an assessment lien will be filed with the
County Registrar-Recorder.
■ Installation. The property owner will receive a notice to proceed with the Improvements. A
qualified installer must complete the installation of authorized Improvements on the property
within the required timeframe after receiving the notice. In some cases, the Program
Administrator in his/her sole discretion may grant a time extension.
■ Evidence of Compliance/ Disbursement of Funds. The County is not obligated to disburse
funds unless and until each of the requirements set forth under the Assessment Contract are
satisfied or waived by the Program Administrator. Upon satisfaction of the above, the Program
Administrator will release funds to the property owner in the amount of the actual cost of
Improvements, but not exceeding the maximum disbursement amount set forth in the
Assessment Contact. At this time, the Program Administrator will notify the property owner of the
actual interest rate and amount of the contractual assessment.
■ Repayment. After the release of funds, the County will place the assessment on the property tax
roll for the tax year immediately following the disbursement date. The property owner will be
expected to pay the contractual assessment installments in the amounts and at the times
specified in the Assessment Contract. Prepayment of the contractual assessment will be
permitted, however, penalties may apply. Any applicable penalties resulting from prepayment will
be set forth in the Assessment Contract.
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Priority of Fundinz
Applications from property owners for financing will be given priority based on the date on which the
application is approved. If a request from a property owner for financing would cause LACEP to exceed
the maximum amount of contractual assessments for the Program, then that application will be ineligible
for financing. The Program Administrator shall retain the authority to grant exceptions to the priority
status of individual applications.
Property Owner Financial Responsibilities
The following types of costs are examples of those that will be the responsibility of the property owner
and will not be financed through the Program:
■ Application fee;
■ If applicable, title insurance and property insurance costs;
■ Late payment fees;
■ If applicable, costs associated with compliance with the California Environmental Quality Act; and
■ Costs associated with repairs and maintenance of the Improvements.
IV. CHANGES TO THE PROGRAM REPORT
The Program Administrator may make changes to this Report that he/she reasonably determines are
necessary to clarify its provisions. Any changes made to this Report that materially modify the LACEP
shall only be made after approval by the Board of Supervisors.
The Program Administrator may modify the schedule of eligible Improvements attached as Appendix B
and the draft Assessment Contract attached as Appendix C as deemed necessary or desirable to
effectuate the intent of the Program.
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Los Angeles County Energy Plan
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Appendix A: Area Map
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Appendix A A 1
Resolution No. 2010-47
Page 12 of 47
Los Angeles County Energy Program
Program Report
Appendix B: Eligible Improvements
Eligible improvements will include, but are not limited to, the following types of Improvements, subject to
approval by the Program Administrator:
Energy Efficiency Improvements
■ Air sealing
■ Duct sealing and weather stripping
■ Attic, duct, floor, roof and wall insulation
■ Hot water system insulation
■ Fans(Bathroom, ceiling, whole house)
■ Energy efficient pool pumps
■ HVAC systems
■ Programmable thermostats and energy management systems
■ Light fixtures
■ Energy Star cool roof
■ Radiant barriers
■ Windows, doors, skylights
■ Window film
Water Efficiency Improvements
■ Hot water heater
■ On-demand water recirculation control pump
■ High-efficiency toilets and urinals
■ Showerheads and aerators
■ Smart irrigation/Water efficient landscaping
■ Rainwater harvesting system
■ Grey water system
Distributed Generation Renewable Energy Improvements
■ Solar hot water heating systems
■ Solar thermal installation
■ Solar space heating
■ Photovoltaic systems
■ Wind energy systems
■ Fuel cell power systems
Appendix B B 1
Resolution No. 2010-47
Page 13 of 47
Los Angeles County Energy Program
Program Report
Appendix C: Draft Assessment Contract
(See attached.)
Appendix C I C-1
Resolution No. 2010-47
Page 14 of 47
HD&W LLP—5/10/10 Draft
LOS ANGELES COUNTY ENERGY PROGRAM
ASSESSMENT CONTRACT
This Assessment Contract (this "Contract") is made and entered into as of this day
of , 20 , by and between the COUNTY OF LOS ANGELES, a political subdivision
of the State of California (the "County"), and and
(collectively, the "Owner").
WHEREAS, the County has established the Los Angeles County Energy Program
("LACEP") pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and
Highways Code (the "Act"), in connection with which the County may levy assessments against
developed properties in the County, with the free and willing consent of the owners of the
properties, to finance the acquisition and construction on and installation in the assessed
properties of certain qualifying renewable energy systems and energy and water efficiency
improvements.
WHEREAS, the Owner has reviewed the Program participant handbook attached as
Exhibit A hereto (the "Participant Handbook") and submitted an application to participate in
LACEP (the "Application"; together with Participant Handbook and this Contract, the "Contract
Documents") to finance the acquisition, construction and installation of the renewable energy
systems, energy efficient improvements and/or water efficiency improvements described in
Exhibit B attached hereto (the "Improvements") on that certain real property of the Owner
described in Exhibit C attached hereto (the "Property") and the County has approved such
Application.
WHEREAS, the County may fund LACEP through a number of financing mechanisms,
including with proceeds of bonds to be issued by the County, with proceeds of loans derived
from bonds issued by the Los Angeles County Public Works Financing Authority (the
"Authority") and from amounts to be advanced through available funds of the County.
WHEREAS, the County wishes to provide for the terms and conditions pursuant to which
the Owner will participate in LACEP and pay assessments to finance the Improvements
hereunder.
NOW THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree as follows:
1. Financing Terms
(a) Disbursement Amount, Maximum Disbursement Amount. Subject to the
conditions set forth herein, the County agrees to disburse moneys to the Owner in the amount of
the actual cost of the Improvements (the "Disbursement Amount"); provided the Disbursement
Resolution No. 2010-47
Page 15 of 47
Amount shall not exceed the maximum amount set forth in Exhibit B hereto (the "Maximum
Disbursement"). LACEP Program Administrator (the "Program Administrator") shall determine
the Disbursement Amount on the basis of the best available written evidence of the actual cost of
the Improvements and in the exercise of the Program Administrator's reasonable judgment. The
Owner agrees to complete the Improvements. The Owner agrees to pay for and shall be solely
responsible for the payment of all costs to complete the Improvements described in the
Application which exceed the Maximum Disbursement.
(b) Repayment by Owner.
(i) Assessment. In consideration of the disbursement of the Disbursement
Amount, the Owner shall pay to the County an amount equal to the Disbursement
Amount, certain financing costs, including any capitalized LACEP administrative
expenses, and the interest accrued thereon. Such amounts shall be repaid by the Owner
to the County by the payment of an aggregate assessment levied against the Property
pursuant to Section 5898.30 of the Streets and Highway Code of the State of California
(the "Assessment") without deduction or offset for any amounts the Owner may claim
due to it by the County, all as set forth in Exhibit B attached hereto.
(ii) Interest on Assessment. Interest shall be payable in installments,
computed on the basis of a 360-day year, and shall accrue on the unpaid Assessment from
[the date of this contract'][the date any portion of the Disbursement Amount is disbursed
to the Owner] at the rate determined by the Program Administrator in his/her sole
discretion at the time of disbursement or final disbursement, as applicable, of the
Disbursement Amount. The maximum interest rate applicable to the unpaid Assessment
and the interest installments therefor are set forth in Exhibit B hereto. The Program
Administrator will give notice to the Owner of the interest rate applicable to the unpaid
Assessment and the related interest installments as soon as practicable after its
determination, which notice will be substantially in the form attached as Exhibit D hereto
(the "Notice of Interest Rate and Payment Schedule").
(iii) Annual Administrative Assessment. The Owner shall pay to the County,
without deduction or offset, an annual assessment levied against the Property to pay costs
incurred by the County in connection with the administration and collection of the
Assessment, the administration or registration of any associated bonds, securities or other
financing arrangements, and the administration of any reserve fund or other related funds
(the "Annual Administrative Assessment"). The Annual Administrative Assessment
shall not exceed the amount set forth in Exhibit B hereto and may be changed from time
to time by the Program Administrator, in his sole discretion, subject to the maximum
Annual Administrative Assessment.
(iv) Financing Costs in the Event of Noncompletion. If the Owner fails to
install the Improvements in compliance with LACEP requirements following execution
of this Assessment Contract, the Owner shall pay for all expenses incurred by the County
1 In the case of a County financing with accrued interest.
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Resolution No. 2010-47
Page 16 of 47
or any of its agents in connection with levying or removing the assessments hereunder
and financing the Improvements, including costs relating to the redemption of bonds
issued to finance the Improvements.
(c) Prepayment. The Owner may prepay the Assessment in whole and in part by
paying all or a part of the principal amount owing on the Assessment, plus the applicable
prepayment premium set forth in Exhibit B hereto, and accrued interest. Interest on the
Assessment may accrue until the next available redemption date for any bonds or other evidences
of indebtedness, or other financial arrangements entered into by the County pursuant to LACEP
which financed the Assessment in whole or in part. Such redemption date shall not exceed
(_) days from the date of prepayment of the Assessment. The Owner shall notify the Program
Administrator in writing of the Owner's determination to prepay the Assessment at least ( )
business days prior to the date the Owner intends to prepay the Assessment.
(d) Term of Contract. The term of this Contract shall be as set forth in Exhibit B
hereto, commencing upon the execution hereof and ending on the date the Assessment and any
applicable penalties, costs, fees, and charges have been paid in full; provided, however, the
estimated payment schedule may be adjusted as provided in this Section 1. The initial amount of
each Assessment and Annual Administrative Assessment installment that will be levied is set
forth in Exhibit B attached hereto. The amount of each Assessment and Annual Administrative
Assessment installment that will be levied each year, as adjusted to reflect the applicable interest
rate determined by the Program Administrator but excluding any penalties that may accrue, is set
forth in Exhibit D attached hereto.
2. Lien of Assessment and Annual Administrative Assessment; Special Benefit.
(a) Lien Against Property. The execution of this Contract by the parties constitutes
the levy of the Assessment and the Annual Administrative Assessment by the Board of
Supervisors against the Property without any further action required by the parties. The Owner
consents to the levy of the Assessment and the Annual Administrative Assessment, including
each installment thereof and any interest and penalties that accrue with respect thereto, on and
recordation of a lien against the Property and agrees that, upon the execution of this Contract by
the parties, the Property shall be subject to the Assessment and the Annual Administrative
Assessment in accordance with and pursuant to this Contract, the Act and applicable law.
(b) Notice of Assessment; Notice of Payment of Contractual Assessment Required.
Upon execution of this Contract, the County will execute and cause to be recorded in the Office
of the Registrar-Recorder/County Clerk a notice of assessment substantially in the form attached
as Exhibit E hereto (the "Notice of Assessment") and a document entitled "Payment of
Contractual Assessment Required" substantially in the form attached as Exhibit F hereto (the
"Notice of Payment of Contractual Assessment Required"). Upon recordation of the Notice of
Assessment in the Office of the Registrar-Recorder/County Clerk, the Assessment and the
Annual Administrative Assessment, including each installment thereof and any interest and
penalties that accrue with respect to the Assessment and the Annual Administrative Assessment,
shall constitute a lien upon the Property until paid. The Notice of Assessment and Notice of
Payment of Contractual Assessment Required, as recorded, shall initially reflect the Assessment
as set forth in Exhibit B. Following the County's final disbursement of the Disbursement
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Resolution No. 2010-47
Page 17 of 47
Amount pursuant to Section 6 hereof, the Assessment shall equal the amount set forth in Exhibit
D and the Notice of Assessment and Notice of Payment of Contractual Assessment Required will
be supplemented accordingly.
(c) Priority of Lien. The lien of the Assessment and the Annual Administrative
Assessment shall be coequal to and independent of the lien for general taxes and prior and
superior to all liens, claims and encumbrances on or against the Property except (i) the lien for
general taxes or ad valorem assessments in the nature of and collected as taxes levied by the
State of California or any county, city, special district or other local agency, (ii) the lien of any
special assessment or assessments the lien date of which is prior in time to the lien date of the
Assessment and the Annual Administrative Assessment, (iii) easements constituting servitudes
upon or burdens to the Property, (iv) water rights, the record title to which is held separately
from the title to the Property and (v)restrictions of record.
(d) Special Benefit to Property.
(i) Acknowledgement. The Owner expressly acknowledges that the
Improvements confer a special benefit to the Property in an amount at least equal to the
Assessment.
(ii) Waiver of Provisions Other Than Those of the Act. The Owner expressly
waives to the fullest extent permitted by law the notice, protest and hearing procedures
and provisions of any applicable law other than the Act with respect to the levy and
collection of the Assessment and the Annual Administrative Assessment, as described in
Section 2 and Section 3, respectively, hereof.
3. Collection of Amounts Due; Failure to Pay.
(a) Collection through Property Tax Bill. Annual installments of the Assessment and
the Annual Administrative Assessment shall be collected on the property tax bill pertaining to
the Property. The annual proportion of the Assessment and the Annual Administrative
Assessment coming due in any year shall be payable in the same manner, at the same time and in
the same installments as the general taxes of the County on real property are payable, and the
assessment installments shall be payable and become delinquent at the same times and the same
proportionate amounts and shall bear the same penalties and interest after delinquency, and be
subject to the same provisions for redemption and sale, as the general taxes on real property of
the County.
(b) Failure to PM. Failure to pay any installment of the Assessment and the Annual
Administrative Assessment, including interest and penalties with respect thereto, shall result in
the accrual of penalties and interest on the amounts due and may result in the foreclosure of the
lien of the Assessment and the Annual Administrative Assessment, as described in Section 13(e)
hereof and provided by law. Except as provided in Government Code Section 53936, the liens of
the Assessment and the Annual Administrative Assessment are not subject to extinguishment by
judicial foreclosure or the sale of the Property on account of the nonpayment of any taxes.
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Resolution No. 2010-47
Page 18 of 47
4. Commencement and Completion of Improvements.
(a) Consent and Authorization. Upon the availability of funding under LACEP, the
Program Administrator will give to the Owner a notice to proceed in the form of Exhibit G
hereto (the "Notice to Proceed"), which notice shall constitute consent and authorization
pursuant to Section 5898.21 of the Act for the Owner to purchase directly the related equipment
and materials for the Improvements and to contract directly for the construction on and/or
installation in the Property of the Improvements. The Owner bears the risk of any costs of the
Improvements incurred prior to receipt of the Notice to Proceed. The Owner may perform the
construction and/or installation on the Property provided that the Owner is deemed a qualified
installer by the Program Administrator in his/her sole discretion in accordance with the
Participant Handbook.
(b) Date of Completion of the Improvements. Subject to Section 13(g) hereof, the
Owner agrees to complete installation of the Improvements no later than days after the date of
the Notice to Proceed of this Contract. The Owner and the Program Administrator may agree to
an extension of this completion date for good cause shown, but in no event shall the completion
date be more than one year from the date of the Notice to Proceed.
5. Use of Proceeds.
The Owner shall use the Disbursement Amount for the sole purpose of paying for the
reasonable costs and expenses of the Improvements on the Property, and in connection therewith
the Owner shall comply with all requirements set forth in the Contract Documents.
6. Conditions Precedent to Disbursement of Funds
(a) Conditions Precedent to Disbursement of Funds. Notwithstanding anything to the
contrary contained herein, the County shall have no obligation to disburse funds to the Owner
unless and until each of the requirements set forth under " " of the Participant Handbook
and the following conditions are satisfied, or any such requirement or condition is expressly
waived by the Program Administrator:
(i) With respect to the initial disbursement:
(A) The Program Administrator shall have received a written request to
disburse the Disbursement Amount.
(B) The Owner has executed and delivered to the Program
Administrator the Contract Documents and such other declarations,
certifications, documents or instruments pertaining to the
Disbursement Amount or the Improvements as the Program
Administrator may require.
(C) The Owner will, within O days of presentation by the
Program Administrator, execute any and all documents or
instruments required by the Contract Documents in connection
with the disbursement of funds to the Owner.
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Resolution No. 2010-47
Page 19 of 47
(D) If the Property is a commercial property, the Owner shall have
provided all applicable lenders the Notice of Proposed Contractual
Assessment set forth as Exhibit H to this Contract and received an
executed copy of the Certificate of Lender set forth as Exhibit I to
this contract. In addition, the Owner shall have received from the
Program Administrator, at the expense of the Owner, a
determination that the Improvements to be financed hereunder
(a) are within one or more classes of projects exempt from the
California Environmental Quality Act (commencing with Section
21000 et seq. of the California Public Resources Code, "CEQA")
pursuant to Sections 15301, 15302 or 15303 of the California
Public Resources Code, (b) are the appropriate subject of a
negative declaration pursuant to CEQA, in which case a negative
declaration to that effect will be adopted pursuant to Section 21080
et seq. of the California Public Resources Code and Section 15070
et seq. of the California Code of Regulations, or (c), is the
appropriate subject of an environmental impact report pursuant to
CEQA, in which case an environmental impact report shall be
prepared and certified and amounts hereunder shall be disbursed
only if the Improvements are subsequently approved in accordance
with CEQA.
With respect to the second and final disbursement:
(A) The Program Administrator shall have received a copy of a
finalized permit issued by the building inspection department of
the jurisdiction within which the Property is located, if applicable.
(B) The Program Administrator shall have received a written
certification from the Owner and the contractor(s) that installed or
constructed the Improvements, if any, stating that the
Improvements for which disbursement is requested is complete and
setting forth the actual cost of the Improvements (exclusive of any
cost attributable to labor performed by the Owner pursuant to the
terms and conditions of this Contract and the other Contract
Documents). Such certification shall be in form and substance
acceptable to the Program Administrator.
(C) If an inspection is required, an inspection of the Improvements and
a determination by the applicable agency, authority or entity that
the Improvements have been completed in full compliance with the
requirements of applicable law or that any noncompliance has been
waived.
(D) No stop payment or mechanic's lien notices pertaining to the
Improvements has been filed and remain in effect as of the date of
disbursement of the Disbursement Amount.
- 6 -
Resolution No. 2010-47
Page 20 of 47
(E) [If the Property is a commercial property, the Program
Administrator shall have received a title insurance policy in form
and substance acceptable to the Program Administrator in the
Disbursement Amount and insuring the lien of the Assessment.]
(iii) With respect to each of disbursement:
(A) As of the date of disbursement of the Disbursement Amount the
representations of the Owner contained in the Contract Documents
are true and correct, and no Default (as defined in Section 13(a)
below) shall have occurred and be continuing.
(B) The Program Administrator shall have received such other
documents and instruments as the Program Administrator may
require, including but not limited to, if applicable, the sworn
statements of contractor(s) or the Owner, if construction and/or
installation is performed by the Owner in his/her capacity as a
qualified installer pursuant to the Contract Documents, and
releases or waivers of lien, all in compliance with the requirements
of applicable law.
(iv) If there shall be a single disbursement under this Assessment Contract, all
conditions under (i) through (iii) shall be satisfied by the Owner or waived by the
Program Administrator prior to disbursement.
(b) Disbursement by County_. Upon satisfaction or waiver of the conditions described
in paragraph(a), above, the County will disburse funds to the Owner [as soon as practicable.]
The Owner expressly waives the 30-day payment period provided by Section 10403 of the
Streets and Highways Code.
7. Representations and Warranties of the Owner.
For purposes of entering into this Contract, the County has relied upon the declarations,
warranties and covenants of the Owner in this Contract and in the Application, which are
incorporated into this Contract as if fully set forth herein. The Owner promises that each
representation and warranty set forth herein is true, accurate and complete as of the date of this
Contract. By accepting the disbursement, the Owner shall be deemed to have reaffirmed each
and every representation and warranty made by the Owner in this Contract and in the
Application as of the date of disbursement. If the Owner is comprised of the trustees of a trust,
the following representations shall also pertain to the trustor(s) of the trust.
(a) Formation; Authority. If the Owner is anything other than a natural person, it has
complied with all laws and regulations concerning its organization, its existence and the
transaction of its business, and is in good standing in each State in which it conducts its business.
The Owner is the owner of the Property and is authorized to execute, deliver and perform its
obligations under the Contract Documents, and all other documents and instruments delivered by
the Owner to the County in connection therewith. The Contract Documents have been duly
executed and delivered by the Owner and are valid and binding upon and enforceable against the
- 7 -
Resolution No. 2010-47
Page 21 of 47
Owner in accordance with their terms, and no consent or approval of any third party, which has
not been previously obtained by the Owner is required for the Owner's execution thereof or the
performance of its obligations contained therein.
(b) Compliance with Law. Neither the Owner nor the Property is in violation of, and
the terms and provisions of the Contract Documents do not conflict with, any regulation or
ordinance, any order of any court or governmental entity, or any building restrictions or
governmental requirements affecting the Owner or the Property.
(c) No Violation. The terms and provisions of the Contract Documents, the
execution and delivery of the Contract Documents by the Owner, and the performance by the
Owner of its obligations contained in the Contract, will not and do not conflict with or result in a
breach of or a default under any of the terms or provisions of any other agreement, contract,
covenant or security instrument by which the Owner or the Property is bound.
(d) Other Information. All reports, documents, instruments, information and forms of
evidence which have been delivered to the County in connection with the Owner's application
for LACEP funding are accurate, correct and sufficiently complete to give the County true and
accurate knowledge of their subject matter.
(e) Litigation. There is no litigation, tax claims, actions, proceedings, investigations
or other disputes pending or threatened against the Owner or the Property which may impair the
Owner's ability to perform its obligations hereunder, or which may impair the County's ability to
levy and collect the Assessment and the Annual Administrative Assessment.
(f) No Event of Default. There is no event which is, or with notice or lapse of time
or both would be, a Default under this Contract.
8. Covenants of the Owner.
The Owner agrees and covenants to each of the following:
(a) Installation and Maintenance of Improvements. The Owner shall, or shall cause
its contractor(s) to, promptly commence the Improvements and diligently continue to completion
in a good and workmanlike manner and in accordance with sound construction and installation
practices. The Owner shall maintain the Improvements in good condition and repair.
(b) Re orts. If the Disbursement Amount is disbursed in more than one installment,
the Owner agrees, upon the request of the Program Administrator, to promptly deliver or cause
to be promptly delivered to the Program Administrator a written status report of the
Improvements, including the acquisition and installation thereof.
(c) Compliance with Law and Agreements. The Owner shall complete all
Improvements, or cause the Improvements to be completed, in conformity with all applicable
laws, including all applicable federal, state, and local occupation, safety and health laws, rules,
regulations, standards, and recorded instruments, covenants or agreements affecting the Property.
The Owner shall comply with and keep in effect all permits, licenses, and approvals required to
complete installation of the Improvements.
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Resolution No. 2010-47
Page 22 of 47
(d) Completion of Work. If the Disbursement Amount is disbursed in more than one
installment, subject to any acceptable excuse for failure to complete the Improvements pursuant
to Section 13(g) hereof, the Owner shall complete the Improvements within [time
period] of the initial disbursement of the Disbursement Amount.
(e) Site Visits, Utility Records, Surveys. For purposes of examining the
workmanship of the Improvements, observing the quality of the Improvements and otherwise
evaluating LACEP, the Owner grants the County, its agents and representatives, including
without limitation the Program Administrator, the right to enter and visit the Property at any
reasonable time, after giving reasonable notice to the Owner. For purposes of examining savings
derived from the Improvements and other satisfying the requirements relating to grant moneys
used to fund LACEP, the Owner shall also allow the County to examine and copy records and
other documents of the Owner which relate to the Improvements, including utility records of the
Owner and execute any consents, waivers or similar documents required by utility providers in
connection therewith through the term of this Contract. The Owner also agrees to participate in
any and all surveys conducted in connection with LACEP. The County is under no duty to visit
the Property, observe any aspects of the Improvements or examine any records, and the County
shall not incur any obligation or liability by reason of not making any such visit or examination.
Any site visit, observation or examination by the County shall be solely for the purposes of
protecting the County's rights under the Contract Documents.
(f) Protection Against Lien Claims. The Owner shall promptly pay or otherwise
discharge any claims and liens for labor done and materials and services furnished to the
Property in connection with the Improvements. The Owner shall have the right to contest in
good faith any claim or lien, provided that it does so diligently and without delay in completing
the Improvements.
(g) Notice to Successors in Interest. The Owner agrees to provide written notice to
any subsequent purchaser of the Property that the Property is subject to an LACEP assessment
lien, and to provide any subsequent purchaser a copy of this Contract.
(h) Insurance. [If the Maximum Disbursement exceeds $ ,] the Owner shall
provide, maintain and keep in force at all times until the Improvements are completed, builder's
all risk property damage insurance on the Property, with a policy limit equal to the amount of the
Maximum Disbursement.
(i) Notices. The Owner shall promptly notify the County in writing of any Default
under this Contract, or any event which, with notice or lapse of time or both, would constitute a
Default hereunder.
9. Mechanic's Lien and Stop Notices.
In the event of the filing of a stop notice or the recording of a mechanic's lien pursuant to
applicable law of the State of California and relating to the Improvements, the Program
Administrator may refuse to disburse any funds to the Owner, and, in the event the Owner fails
to furnish the Program Administrator a bond causing such notice or lien to be released within
( ) days of notice from the Program Administrator to do so, such failure shall at the option of
- 9 -
Resolution No. 2010-47
Page 23 of 47
the County constitute a default under the terms of this Contract. The Owner shall promptly
deliver to the Program Administrator copies of all such notices or liens.
10. Responsibilities of the Owner; Indemnification.
(a) Financing by County, No Responsibility for Improvements. The Owner
acknowledges that the County has established LACEP solely for the purpose of assisting the
owners of property in the County with the financing of the acquisition, construction, and
installation of qualifying renewable energy systems and energy and water efficiency
improvements. LACEP is a financing program only. None of the County, the Authority (if
bonds are issued by the Authority), their officials, agents, employees, attorneys and
representatives, the Program Administrator, or LACEP staff is responsible for selection,
management or supervision of the Improvements or of the Improvements' performance.
(b) Indemnification. The Owner shall indemnify, defend, protect, and hold harmless
the County, the Authority (if bonds are issued by the Authority) and any and all officials, agents,
employees, attorneys and representatives of the County and the Authority (collectively, the
"Indemnified Parties") and, if the Property is located in an incorporated area, such incorporated
city and any and all officials, agents, employees, attorneys and representatives of such city,(the
"City Parties"), from and against all losses, liabilities, claims, damages (including consequential
damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket
litigation costs and reasonable attorneys' fees) and any demands of any nature whatsoever
related directly or indirectly to, or arising out of or in connection with, (i) the Contract
Documents, (ii) disbursement of the Disbursement Amount, (iii) the Improvements, (iv) any
breach or Default by the Owner under the Contract Documents, (v) the levy and collection of the
Assessment and the Annual Administrative Assessment, (vi) the imposition of the lien of the
Assessment and the Annual Administrative Assessment, (vii) any breach or failure of the Owner
or its contractor(s) or agents to comply with all applicable laws, including all applicable federal,
state and local occupation, safety and health laws, rules, regulations and standards, in connection
with the acquisition, installation or completion of the Improvements, and (viii) any other fact,
circumstance or event related to the County's payment of the Disbursement Amount to the
Owner or the Owner's performance of its obligations under the Contract Documents
(collectively, the "Liabilities"), regardless of whether such Liabilities shall accrue or are
discovered before or after the Disbursement.
(c) Survival of Indemnification. The indemnity obligations described in Section 10(b)
shall survive the disbursement of funds to the Owner, the payment of the Assessment in full, the
transfer or sale of the Property by the Owner and the termination of this Contract.
11. Waiver of Claims.
For and in consideration of the County's execution and delivery of this Contract, the
Owner, for itself and for its successors-in-interest to the Property and for any one claiming by,
through, or under the Owner, hereby waives the right to recover from and fully and irrevocably
releases the Indemnified Parties and, if the Property is located in an incorporated area, the City
Parties, from any and all claims, obligations, liabilities, causes of action, or damages, including
attorneys' fees and court costs, that the Owner may now have or hereafter acquire against any of
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Resolution No. 2010-47
Page 24 of 47
the Indemnified Parties and the City Parties and accruing from or related to (i)the Contract
Documents, (ii) the disbursement of any of the Disbursement Amount, including any amounts
advanced hereunder, (iii) the levy and collection of the Assessment and the Annual
Administrative Assessment, (iv) the imposition of the lien of the Assessment, (v) the issuance
and sale of any bonds or other evidences of indebtedness, or other financial arrangements entered
into by the County pursuant to LACEP, (vi) the performance of the Improvements, (vii)the
Improvements, (viii) any damage to or diminution in value of the Property that may result from
construction or installation of the Improvements, (ix) any personal injury or death that may result
from the construction or installation of the Improvements, (x) the selection of manufacturer(s),
dealer(s), supplier(s), contractor(s) and/or installer(s), and their action or inaction with respect to
the Improvements, (xi) the merchantability and fitness for any particular purpose, use or
application of the Improvements, (xii) the amount of energy savings resulting from the
Improvements, (xiii) the workmanship of any third parties, and (xiv) any other matter with
respect to LACEP. This release includes claims, obligations, liabilities, causes of action, and
damages of which the Owner is not presently aware or which the Owner does not suspect to exist
which, if known by the Owner, would materially affect the Owner's release of the Indemnified
Parties and the City Parties.
OWNER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR
WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542
("SECTION 1542"), WHICH IS SET FORTH BELOW:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR."
BY INITIALING BELOW, OWNER HEREBY WAIVES THE PROVISIONS OF
SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE
SUBJECT OF THE FOREGOING WAIVERS AND RELEASES.
Owner's Initials:
The waivers and releases by the Owner contained in this Section 11 shall survive the
disbursement of the Disbursement Amount, the payment of the Assessment in full, the transfer or
sale of the Property by the Owner, and the termination of this Contract.
12. Further Assurances.
The Owner shall execute any further documents or instruments consistent with the terms
of this Contract, including documents and instruments in recordable form, as the County shall
from time to time find necessary or appropriate to effectuate its purposes in entering into this
Contract and disbursing funds to the Owner.
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13. Events of Default.
(a) Default. Subject to the further provisions of this Section 13, the failure of any of
the Owner's representations or warranties to be correct in all material respects, or the failure or
delay by the Owner to perform any of its obligations under the terms or provisions of the
Contract Documents, shall constitute a default hereunder("Default").
(b) Notice of Default. Upon the occurrence of a Default, prior to exercising any
remedies under the Contract Documents or the Act, the County shall give written notice of
default to the Owner. Delay in giving such notice shall not constitute a waiver of any Default.
The Owner must immediately commence to cure, correct, or remedy such failure or delay and
shall complete such cure, correction or remedy with reasonable diligence, but in any event,
within the time set forth herein.
(c) Cure Period for Monetary Default. If the Owner fails to timely pay any
installment of the Assessment or the Annual Administrative Assessment, the Owner shall have a
period of (_) days after notice is given pursuant to paragraph(b) above within which
to cure such default. Following such (_) day period, the County in its sole discretion
may exercise any and all of its available remedies, including its right to foreclose the lien of the
Assessment or the Annual Administrative Assessment pursuant to applicable law.
(d) Cure Period for Non-Monetary Default. If a non-monetary Default occurs and
such Default is reasonably capable of being cured within (_) days, the Owner shall
have such period to effect a cure prior to exercise of remedies by the County under the Contract
Documents or the Act. If the Default is such that it is reasonably capable of being cured but not
within such (_) day period and the Owner (i) initiates corrective action within such
(_) day period, and (ii) diligently, continually, and in good faith works to effect a cure
as soon as possible, then the County in its sole discretion may elect to grant the Owner such
additional time as is reasonably necessary to cure the Default prior to exercise of any remedies
by the County. The foregoing notwithstanding, in no event shall the County be precluded from
exercising any of its remedies if the Default is reasonably expected to result in the foreclosure or
forfeiture of the Property, or if the Default is not cured within ( ) days after the first
notice of Default is given.
(e) Remedies Upon Default. Subject to the provisions of paragraphs (b), (c) and (d)
above, if any Default occurs the County may exercise any or all of the rights and remedies
available to it under applicable law, at equity, or as otherwise provided herein. If no
disbursement has occurred hereunder, the County may elect to terminate this Contract and,
except as otherwise expressly provided herein, the parties have no further obligations or rights
hereunder. If the Disbursement Amount has been disbursed in whole or in part, the County may
terminate its obligations to make any further disbursement of the Disbursement Amount and
exercise any or all of the rights and remedies available to it under this Contract and applicable
law. As a cumulative remedy, if any installment of the Assessment and the Annual
Administrative Assessment, together with any penalties, costs, fees, and other charges, accruing
under applicable taxation provisions are not paid when due, the Board of Supervisors or its
designee may order that the same be collected by an action brought in a court of competent
jurisdiction to foreclose the lien of the Assessment and the Annual Administrative Assessment to
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the extent permitted, and in the manner provided by, applicable law. Any and all costs and
expenses incurred by the County in pursuing its remedies hereunder shall be additional
indebtedness of the Owner to the County.
(f) Remedies Cumulative. Except as otherwise expressly stated in this Contract or as
otherwise provided by applicable law, the rights and remedies of the County are cumulative, and
the exercise of one or more of such rights or remedies shall not preclude the exercise by the
County, at the same time or different times, of any other rights or remedies for the same Default
or any other Default. No failure or delay by the County in asserting any of its rights and
remedies as to any Default shall operate as a waiver of any Default or of any such rights or
remedies, or deprive the County of its rights to institute and maintain any actions or proceedings
which it may deem necessary to protect, assert or enforce any such rights or remedies.
(g) Force Majeure. Performance of the covenants and conditions imposed upon the
Owner hereunder with respect to the commencement and completion of the Improvements shall
be excused while and to the extent that, the Owner, through no fault or negligence of its own, is
prevented from complying therewith by war, riots, strikes, lockouts, action of the elements,
accidents, or acts of God beyond the reasonable control of the Owner; provided, however, that as
soon as the cause or event preventing compliance is removed or ceases to exist the obligations
shall be restored to full force and effect and the Owner shall immediately resume installation of
the Improvements.
14. Severability.
Each and every provision of this Contract is, and shall be construed to be, a separate and
independent covenant and agreement. If any term or provision of this Contract or the application
thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Contract,
or the application of such term or provision to circumstances other than those to which it is
invalid or unenforceable, shall not be affected thereby, and each term and provision of this
Contract shall, be valid and shall be enforced to the extent permitted by law.
15. Notices.
All notices and demands shall be given in writing by first class mail, postage prepaid, or
by personal delivery (by recognized courier service). Notices shall be considered given upon the
earlier of(a) personal delivery or (b) (_) business days following deposit in the United States
mail, postage prepaid. Notices shall be addressed as provided below for the respective party;
provided that if any party gives notice in writing of a change of name or address, notices to such
party shall thereafter be given as demanded in that notice:
To the County:
Attention: Program Administrator
To the Owner:
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Attention:
Notwithstanding anything set forth above, after disbursement of funds to the Owner, all
notices regarding the assessment shall be sent only as provided by the laws of the State of
California.
16. No Waiver.
No disbursement of the Disbursement Amount based upon inadequate or incorrect
information shall constitute a waiver of the right of the County to receive a refund thereof from
the Owner. No disbursement of any portion of the Disbursement Amount shall constitute a
waiver of any conditions to the County's obligation to make further disbursements. No waiver
by the County of any failure by the Owner to comply with any provision of this Contract shall in
any way preclude the County from thereafter declaring such failure by the Owner a Default
hereunder or be deemed a waiver of any other or subsequent Default.
17. Governing Law.
This Contract shall be construed and governed in accordance with the laws of the State of
California.
18. AssilInment by the County.
The County, at its option, may (i) assign any or all of its rights and obligations under this
Contract, and (ii) pledge and assign its right to receive the Assessment and the Annual
Administrative Assessment, and any other payments due to the County hereunder, without
obtaining the consent of the Owner.
19. Assignment by Owner Prohibited.
The Owner may sell, transfer, rent or otherwise dispose of all or a portion of its interests
in the Property so long as the Assessment and the Annual Administrative Assessment, including
each installment thereof and the interest and penalties thereon, shall constitute a lien against the
Property until the same is paid in full. All other dispositions of all or a portion of the Owner's
rights and obligations under this Contract are subject to the prior express written consent of the
County, which consent may be granted or withheld in the sole and absolute discretion of the
County.
20. Carbon Credits.
The Owner agrees that any carbon credits attributable to the Improvements shall be held
on behalf of LACEP by the County.
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21. Entire Atireement; Amendment.
This Contract, together with the other Contract Documents, is the entire agreement
between the parties. Any other agreement related to the Improvements, and any amendment to
this Contract, must be signed in writing by both parties.
22. Natural Persons.
If the Owner of the Property consists of more than one natural person, the obligations
hereunder of all the owners shall be joint and several.
23. Counterparts.
This Contract may be executed in several counterparts, each of which shall be deemed an
original, and all of such counterparts together shall constitute one and the same instrument.
24. Special Termination.
Notwithstanding anything to the contrary contained herein, this Contract shall terminate
and be of no further force or effect if the Owner has submitted to the Program Administrator a
notice of its decision to cancel this transaction in the form of the Notice of Cancellation attached
as Exhibit J hereto, which notice shall be delivered to the County pursuant to Section 15 hereof
no less than (_) days prior to the disbursement of the Disbursement Amount.
25. No Third Party Beneficiary Rillhts.
This Contract is entered into for the sole benefit of the Owner and the County and,
subject to the provisions of Sections 10, 11, 12 and 19, no other parties are intended to be direct
or incidental beneficiaries of this Contract and no third party shall have any right in, under or to
this Contract.
IN WITNESS WHEREOF, the Owner and the County have entered into this Contract as
of the date and year first above written.
THE OWNER: THE COUNTY:
COUNTY OF LOS ANGELES, CALIFORNIA
Date of Execution by the Owner: Name:
Title:
20
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ACKNOWLEDGEMENTS)
STATE OF CALIFORNIA )
ss..
COUNTY OF )
On , before me,
a notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
STATE OF CALIFORNIA )
ss..
COUNTY OF )
On , before me,
a notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
Resolution No. 2010-47
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EXHIBIT A
PARTICIPANT HANDBOOK
[To Come]
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EXHIBIT B
CERTAIN FINANCING TERMS
Maximum Disbursement Amount:
Contract Term:
Maximum Interest Rate: Percent (_%)per annum.
Financing Costs in the Event of Noncompletion:
Annual Administrative Assessment(":
Prepayment Premium:From to , a prepayment premium of percent ( %)
From to , a prepayment premium of percent ( %)
After , a prepayment premium of percent ( %)
Improvements:
Estimated Payment Schedule:
Assessment Maximum
Annual
Disbursement Financing Administrative
Year(2) Amount(3) Costs(4) Interest Assessment(5) Total
Based on the Maximum Annual Administrative Assessment established for LACEP, which amount may be
adjusted from time to time by the Program Administrator, provided that the adjusted amount does not exceed
the Maximum Annual Administrative Assessment.
(2) If funds are disbursed to the Owner before ,the assessment will appear on the property tax bill for the
same tax year. If funds are disbursed after ,the assessment will appear on the property tax bill for the
following tax year.
Based on Maximum Disbursement. Subject to revision by the Program Administrator following the
disbursement of the Disbursement Amount, if necessary, pursuant to the Contract to reflect the Disbursement
Amount.
(4) Includes capitalized LACEP administrative expenses.
(5) Based on the Maximum Annual Administrative Assessment established for LACEP, which amount may be
adjusted from time to time by the Program Administrator, provided that the adjusted amount does not exceed
the Maximum Annual Administrative Assessment.
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EXHIBIT C
DESCRIPTION OF THE PROPERTY
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EXHIBIT D
LOS ANGELES COUNTY ENERGY PROGRAM
NOTICE OF INTEREST AND PAYMENT SCHEDULE
Owner: (the "Owner")
Address:
(the "Property")
Assessor's Parcel Number:
LACEP Loan Number:
Pursuant to Section 1(b)(ii) of that certain Assessment Contract (the "Assessment
Contract") executed by and between you, as Owner of the Property, and the County in
connection with the Los Angeles County Energy Program, you are hereby notified that the
interest rate applicable to the unpaid Assessment (as defined in the Assessment Contract) is
%. The schedule of Assessment Installments, interest thereon and the Maximum Annual
Administrative Assessment with respect to the referenced property is set forth below:
Assessment Maximum
Annual
Disbursement Financing Administrative
Year(l) Amount Costs(2) Interest Assessment(3) Total
If funds are disbursed to the Owner before , the assessment will appear on the property tax bill for
the same tax year. If funds are disbursed ,the assessment will appear on the property tax bill for the
following tax year.
(2) Includes capitalized LACEP administrative expenses.
Based on the Maximum Annual Administrative Assessment established for LACEP, which amount may be
adjusted from time to time by the Program Administrator, provided that the adjusted amount does not exceed
the Maximum Annual Administrative Assessment.
The Notice of Assessment of record with the Office of the Registrar-Recorder/County
Clerk of the County of Los Angeles will be amended to reflect the foregoing payment schedule.
Program Administrator,
Los Angeles County Energy Program
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EXHIBIT E
NOTICE OF ASSESSMENT
WHEN RECORDED RETURN TO
County of Los Angeles
Treasurer and Tax Collector
Kenneth Hahn Hall of Administration
500 West Temple Street, Room 437
Los Angeles, California 90012
Attention: Los Angeles County Energy Program
—Program Administrator
NOTICE OF ASSESSMENT
Pursuant to the requirements of Section 5898.32 of the Streets and Highways Code of the State
of California, the undersigned Clerk of the Board of Supervisors (the "Board of Supervisors") of
the County of Los Angeles, a political subdivision of the State of California (the "County"),
hereby gives notice that contractual assessments relating to that certain real property described in
Appendix A hereto (the "Property"), in the amounts set forth in Appendix B hereto, were
recorded in the Office of the Registrar-Recorder/County Clerk of the County, as provided for in
said Section 5898.32.
Pursuant to that certain Assessment Contract (the "Assessment Contract") by and between the
County and the owner of the Property named herein in connection with the Los Angeles County
Energy Program, the several assessments assessed on the Property set forth in Appendix B hereto
became a lien upon the Property and the Property became subject to the assessment in
accordance pursuant to the Assessment Contract, the Act and applicable law upon the execution
of such Assessment Contract.
In addition to the assessment to pay the costs and expenses of the improvements to be acquired,
the Property is subject to a separate and additional assessment, as set forth in Appendix B hereto,
to be levied annually to pay for costs not otherwise reimbursed which will result from the
administration and collection of assessments or from the administration or registration of any
associated bonds and reserve or related funds.
Reference is made to the Assessment Contract for the amount of any final and adjusted
assessments, including any annual assessment as levied for administrative costs or maintenance,
as applicable.
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Included in Appendix A hereto is the name(s) of the owner of record of the Property, which is
also the assessed owner of the Property as it appears on the latest secured assessment roll, all as
required pursuant to Section 27288.1 of the Government Code of the State of California.
Dated:
Clerk of the Board of Supervisors of the
County of Los Angeles
By:
Deputy
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Appendix A to Notice of Assessment
DESCRIPTION OF THE PROPERTY
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Appendix B to the Notice of Assessment
Name(s) of Owner of the Property:
Assessment Amount:
Annual Administrative Assessment Amount:
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EXHIBIT F
Payment of Contractual Assessment Required
Pursuant to the requirements of Section 5898.24(d) of the Streets and Highways Code of
the State of California, the Board of Supervisors (the "Board of Supervisors") of the County of
Los Angeles, a political subdivision of the State of California (the "County"), hereby gives
notice that the real property described in Appendix A hereto (the "Property") is subject to a
contractual assessment that is required to be paid in accordance with that certain Assessment
Contract (the "Assessment Contract") by and between the owner of the Property and the County
in connection with the Los Angeles County Energy Program. Certain information regarding the
contractual assessment assessed on the Property is set forth below.
(1) The names of all current owners of the real property subject to the contractual
assessment:
(2) Legal description of the Property: See Exhibit Appendix A attached hereto and
incorporated herein by this reference.
(3) Assessor's parcel number for the Property:
(4) The annual amount of the contractual assessment:
(5) The contractual assessment referenced (4) above expires on the date such contractual
assessment and any applicable penalties, costs, fees, and charges, including the Annual
Administrative Assessment (as defined in the Assessment Contract), have been paid in
full.
(6) Funds from the contractual assessment were used to finance the acquisition and
construction on and installation in the Property of certain qualifying renewable energy
systems and energy and water efficiency improvements, as further described in the
Assessment Contract.
(7) Funds from the contractual assessment should be paid to the following:
[Name of entity to which contractual assessments should be paid]
[Address of entity]
[Contact person]2
Section 5 898.24(d)(2)(E) of the Act requires the document to include "the entity to which funds from the
contractual assessment will be paid and specific contact information for that entity".
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Date: Treasurer and Tax Collector of the
County of Los Angeles [or Entity to which
Contractual Assessments will be paid]
By: 3
Name:
Title:
Section 5898.24(d)(2)(F) of the Act requires the document to include "the signature of the authorized
representative of the legislative body to which funds from the contractual assessment will be paid."
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Appendix A to Notice of Payment of Contractual Assessment Required
DESCRIPTION OF THE PROPERTY
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EXHIBIT G
LOS ANGELES COUNTY ENERGY PROGRAM
NOTICE TO PROCEED
Date:
Owner: (the "Owner")
Address:
(the "Property")
Assessor's Parcel Number:
LACEP Loan Number:
Pursuant to Section 4(a) of that certain Assessment Contract (the "Assessment Contract")
executed by and between you, as Owner of the Property, and the County in connection with the
Los Angeles County Energy Program, you are hereby given notice to proceed (this "Notice to
Proceed") with acquisition, construction and installation of the Improvements and, upon
completion of the Improvements, submit a request for funding to LACEP. This Notice to
Proceed constitutes consent and authorization pursuant to Section 5898.21 of the Act for the
Owner to purchase directly the related equipment and materials for the Improvements and to
contract directly for the construction on and/or installation in the Property of the Improvements.
The Owner must complete installation of the Improvements no later than days after the date
of this Notice to Proceed, provided that the Owner and the Program Administrator may agree to
an extension of this completion date for good cause shown pursuant to Section 4(b) and Section
13(g) of the Assessment Contract, but in no event shall the completion date be more than one
year from the date of this Notice to Proceed. Disbursement of any amounts pursuant to the
Assessment Contract is subject to satisfaction of the terms and conditions thereof.
Program Administrator,
Los Angeles County Energy Program
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EXHIBIT H
NOTICE OF PROPOSED CONTRACTUAL ASSESSMENT
(Commercial Property Owner)
Notice Date:
Lender Address:
Property/Loan Information:
Owner:
Address:
APN:
Loan Number(s):
To Whom It May Concern:
The undersigned (the "Owner") is the owner of a certain real property located at the
above-referenced address (the "Property"). You are the lender (the "Lender") with respect to the
above-referenced (the "Loan") that is secured by a lien on the Property.
The Owner is sending this Notice of Proposed Contractual Assessment to Lender to
(i) provide notice of the Owner's proposed participation in the Los Angeles County Energy
Program ("LACEP"), (ii) request confirmation from the Lender that the levy of the contractual
assessment pursuant to the herein described Assessment Contract will not trigger an event of
default or the exercise of any remedies under the Loan documents, and (iii) provide notice that
the contractual assessment (including any penalties and interest) will be secured by a statutory
lien on the Property that is senior to the lien securing the Loan.
Back round. The County of Los Angeles, a political subdivision of the State of
California (the "County") has established LACEP to help finance the acquisition and
construction on and installation in the assessed properties, including the Property, of certain
qualifying renewable energy systems and energy and water efficiency improvements (the
"Improvements") pursuant to Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code
of the State of California("Contractual Assessment Law").
In accordance with Contractual Assessment Law, the County will levy a contractual
assessment to finance the installation of the Improvements on certain property with the
agreement of the applicable property owner pursuant to the terms of an assessment contract (the
"Assessment Contract") between such property owner and the County. Pursuant to Section
5898.30 of Contractual Assessment Law, the contractual assessment (including any penalties and
interest) is collected on the property tax bill and is secured by a lien on the applicable property
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that is (i) senior to all private liens, including private liens that existed prior to levy of the
contractual assessment and (ii) cannot be subordinated to the private liens.
Information regarding the purpose and method of administration of the assessments under
LACEP can be found at [website].
Participation in LACEP. The Owner has applied to participate in LACEP and intends to
finance installation on the Property of the Improvements set forth on Exhibit A hereto. The
contractual assessment to be levied on the Property (the "Contractual Assessment") pursuant to
the Assessment Contract and the related payment terms are proposed to consist of the following:
Principal amount: $
Estimated interest rate:
Term of repayment period:
Annual administrative component: $
Total estimated annual installment: $
Lender Approval. Please acknowledge that participation of the Property in LACEP is
acceptable to the Lender by executing the attached Certificate of Lender and returning it to the
undersigned at your earliest convenience.
Very truly yours,
BY:
(Signature)
OWNER
NAME:
MAILING ADDRESS (if different than
Property address):
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EXHIBIT I
CERTIFICATE OF LENDER
(Commercial Property Owner)
Property/Loan Information
Owner:
Address:
APN:
Loan:
In connection with the above-referenced loan (the "Loan") relating to the above-
referenced property (the "Property") by the herein referenced lender (the "Lender"), the
undersigned hereby certifies, acknowledges, confirms and agrees as follows:
(1) He/she is duly authorized to execute this Certificate on behalf of the Lender.
(2) The Lender is in receipt of written notice (the "Notice") from the owner of the
Property (the "Owner") that Owner intends to finance installation on the Property
of certain renewable energy, energy efficiency and/or water efficiency
improvements that will be permanently fixed to the Property (the
"Improvements") by participating in the Los Angeles County Energy Program
sponsored by the County of Los Angeles, a political subdivision of the State of
California (the "County").
(3) As a result of an Assessment Contract between the County and the Owner (the
"Assessment Contract") and pursuant to Chapter 29 of Part 3 of Division 7 of the
Streets and Highways Code of the State of California, the Contractual Assessment
described in the Notice will be levied on the Property and the Contractual
Assessment (including any penalties and interest) will be secured by a statutory
lien that is senior to the lien securing the Loan.
(4) The Lender consents to the levy of the Contractual Assessment pursuant to the
Assessment Contract.
(5) The Lender agrees that the levy of the Contractual Assessment will not constitute
an event of default or the exercise of any remedies under the documents relating
to the Loan.
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The Lender further acknowledges that the Owner and the County will rely on this
Certificate in connection with the disposition and administration of the Assessment Contract and
the Los Angeles County Energy Program.
[LENDER]
By:
Name:
Title:
Date:
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EXHIBIT J
LOS ANGELES COUNTY ENERGY PROGRAM
NOTICE OF CANCELLATION
[and ] are the owner[s] of record
([collectively,] the "Owner") of that certain real property located at
located in the County of Los Angeles, California. The
Owner previously executed that certain Assessment Contract (the "Assessment Contract") with
the County of Los Angeles (the "County") in connection with the Los Angeles County Energy
Program ("LACEP"). Pursuant to the Assessment Contract, Owner hereby notifies the LACEP
Program Administrator in accordance with Sections 15 and 24 of the Assessment Contract no
less than (_) days prior to the disbursement of the Disbursement Amount that the
Owner has determined to cancel the transaction described in the Assessment Contract.
Accordingly, the Contract shall terminate and be of no further force or effect, except that the
Owner agrees to pay amounts due, if any, pursuant to Section 1(b)(iv) of the Assessment
Contract relating to financing costs in the event of the improvements are not completed.
Dated:
[OWNER]
By:
Name:
By:
Name:
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