HomeMy WebLinkAboutContracts & Agreements_5a-1981_CCv0001.pdf LOAN NO: 99—COC
LOAN AMOUNT: t3101060003
ENERGY CONSERVATION ASSISTANCE LOAN A6REEMENT
HIS AGPEEMENT IS MADE AND ENTERED INTO THIS 13 DAY OF APRIL 19819
4 THE STATE OF CALIFORNIA BY AND BETWEEN THE STATE OF CALIFORNIAI
ALIFORNIA ENERGY COMMISSION * HEREINAFTER "CDMMISSION"t AND CITY OF
EDLANDS HEREINAFTER #BORROIER "o
1 , AUTHORITY
A . PURSUAWT TO THE PURPOSES AUTHORIZED BY THE ENERGY CONSERVATION'
ACTe SECTION 254109 El SEQv OF THE CALIFORNIA PUBLIC RESOUPCES
CODE : THE COMMISSION HAS APPROVED BORROWER' S LOAN APPLTCATI&-,�
DATED iHICH IS NOT ATTACHED BUT IS EXPRESSLY
INCORPORATED BY REFERENCE HEREIN*
Go, SUBJECT TO THE TERMSt COVENANTS AND CONDITIONS CONTAINED HEREINf
AND THE ATTACHED LOAN APPROVAL REGUEST TO THE EXTENT IT MOCIFIES
BORROWERtS LOAN APPLICATION9 THE COIMISSTON SHALL MAKE A LOAN TO
BORROWER IN THE AMOUqT Or THREE HUNDRED TEN THOUSAND AND U0/14i
DOLLARS ($310000 ,00 ) 9 EVIDENCED PY A PRO!ISSORY NOTE LOAN NO.
99-005 ATTACHED HERETO AC EXHIBIT A.
2 * GENERAL TERMS
A . THE BORROVER AGREES TO INDEMNIFYv DEFEND AND SAVE HARMLESS THE
STATEt ITS OFFICERSt AGENTS AND EMPLOYEES FROM ANY AND ALL
CLAIMS AND LOSSES ACCRUING OR RESULTING 10 DORROWER AND TO ANY
AND ALL CONTRACTORS , SUBCONTRACTORS9 MATERIALKENt LABORERS AND
ANY OTHER PERSONt FIRM OR CORPORATIDN FUNISI HING OR SUPPLYING
WORKS SERVICESs MATERIALS OR SUPPLIES IN V%NECTION WITH THE
PERFORMANCE OF THIS AGREERENTv AND FROM ANY A%D ALL CLAIMS AND
LOSSES ACCRUING OR RESULTING TO ANY PERSONt FIRM OR CORPORATIOU
WHO MAY BE INJURED OR DARAGED BY THE BORROWER IN THE PERFORMANCE
OF THIS CONTRACT.
Be THE BQRROWERv AND THE AGES TS AND EMPLOYEES OF PORROWERv IN THE
PERFORMANCE OF THIS AGREEMENT * SHALL ACT IN AN INDEPENDENT
CAPACITY AND NOT AS OFFICERS OR EMPLOYEES OR AGENTS OF STATE
OF CALIFORNIA*
Ct WITHOUT THE WRITTEN CONSENT OF THE WOMMIS&IONt THE AGREEMENT
IS NOT ASSIGNABLE OR TRANSFERRABLE 3Y BORROWER EITHER IN WHOLE
OR IN PART,
D. TIME IS OF THE ESSENCE IN THIS AGREEMENT,
E . NO ALTERATION OR VARIATION OF THE TERMS OF THIS AGREEMENT
SHALL BE VALID UNLESS MAD L IN WRITING AND SIG%ED ?Y THE PARTIES
HERETO t AND NO ORAL U%DERSTANDING OR AGREEMENT NOT INCORPORATED
HEREINv SHALL BE BINDING ON ANY OF THE PARTIES HERETO.
3 , PURPOSE
THE BORRO&FR AGREES TO EXPEND ALL FUNDS ADVANCED PURSUANT TO THIS
AGREEMENT ONLY FOR THE PURPOSES AND IN THE AMOUNTS SET FORTH IN
BORROWERfS APPROVED APPLICATIONo IN THE EVENT THAT THE COMMISSION
DETERMINES THAT FUNDS HAVE BEEN EXPENDED FOR PURPOSES OTHER THAN
THOSE SPECIFIEDt THE FULL AMOUNT OF THE LOAN, INCLUDING PRINCIPAL
AND INTEREST9 SHALL BE IMMEDIATELY DUE AND PAYABLE,
4 , LOAN DISBURSEMENT SCHEDULE
A , THE CONMISSION AGREES TO DISBURSE FUNDS TO THE 5ORROW7R UPON
THE PROPER EXECUTION OF THE ATTACHE ) 7ROMISSORY NOTE AND THE
APPROPRIATE SECURITY INSTRUMENTSi AND REQUIEED SUPPLEMENTAL
DOCUMENTS*
6, LOAN FUNDS SHALL EE DISBURSED BASED ON INVOICES SUBMITTED BY
BORROVER IN A FORM APPROVED BY COMMISSION AT SUCH TIMES AK IN
SUCH AMOUNTS AS DETERMINED APPROPRIATE BY COMMISSION IN ORDER
TO ACCOMPLISH THE PURPOSE OF THE LQANv
5* INTEREST
THU LOAN HEREIN SHALL BEAR SIMPLE INTEREST AT THE RATE SET FORTH IN
WE ATTACHED PROMISSORY NOTE ON THE PRINCIPAL BALANCE OF LOAN FUNDS
DISBURSED TO THE BORROWER * PAYMENT OF SAID INTEREST SHALL BE DUE AT
THE TIME OF REPAYMENT OF THE LOAN TO THE COMMISSION AND SHALL ACCRUE
FROM THE TIME OF DISBORSAL TO THE BORROWER UNTIL RECEIPT OF REPAYMENT
TO THE COKrISSIONo
6, TERM
At THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE DATE OF ITS
EXECUTION BY THE COKVISSTON.
Bt THE BYROWER AGREES TO COMPLETE PERFORMANCE Ov ITS OBLIGATIONS
UNDER THIS AGREEMENT WITHIN THE PERIOD STATED IN THE BORROWERvS
APPROVED LOAN APPLICATION*
7 , REPAYMENT
ALL FUNDS ADVANCED HEREUNDFRt TOGETHER WITH ALL INTEREST PAYABLE
THEREON* SHALL BE REPAID TO THE COMMISSION NO LhTLR THAN THE DATE
SPECIFIED IN THE PROMISSORY NOTE ,
S. PREPAYMENT
BORROWER SHALL HAVE THE RIGHT TO PREPAY AT ANY TIME ALL OR ANY PART
OF THE AMOUNT OF THIS LOAN WITHOUT PENALlYr
Ps PROMISSORY NOTE
IN ORDER TO EVIDENCE ITS DEBT TO THE CDMVISSIC% HFREUNDERt THE
BORROWER AGREES TO* CONTEMPORANEOUSLY WITH THE EXECUTION OF THIS
AGRLEMENTt EXECUTE AND DELIVER TO THE CDMMISSION A PROMISSORY
NOTE o
( 2 �
SECURITY ( APPLIES ONLY TO NONGOVERNMENTAL BORROWERS )
A . THE COMMISSION MAY REQUIRE SECURITY FOR A LOAN OF $10000 OR
MORE, IF REQUIRED BY THE COMMISSION :
( 1) BORROWER AGREES TO EXECUTE A DEED OF TRUST 00 THE PROPERTY
TO BE IMPROVED UNDER THE TERMS OF THIS AGREEMENT TO SECURE THE
ATTACHED PROMISSORY NOTE* WITH SAID DEED OF TRUST NAMING THE
STATE OF CALIFORNIA CALIFORNIA ENERGY COMMISSION AS BENEFICIARY ;
BORROWER SHALL ALSO OBTAIN AND DELIVER A STANDARD CLTA TITLE
INSURANCE POLICY FCR THE SECURED PRDPERTY ; INSURING THE
COMMISSIONtS INTEREST AS LENDER. ( 2) RORROWER FURTHER AGREES
THAT * AS PART OF ITS LOAN APPLICATION AND AT THE REQUEST OF THE
COMMISSIONt IT HAS SUBMITTED- A CURREN7 PRELIMINARY TITLE REPORT
AND A CURRENT MARKET VALUE APPRAISAL OR SAID PRCPERTY WITH VALUES
SUPPORTED BY AVAILABLE MARKET DATA WHICH HAS BEEN PREPARED BY A
LICENSED APPRAISER*
B. FOR ALL NONGOVERNMENTAL LOANS THE S)KROWER AGREES THAT 1M THE
EVENT THAT IT SELLSt TRANSFERSt MORTGAGES9 DISPOSES OR FURTHER
ENCUMBERS THE SAID PROPERTYi OR ANY FART THEREOF* WITHOUT THE
PRIOR WRITTEN CONSENT OF THE COrMISSIOlt THEN THE COMMISSIO-N.
SHALL HAVE THE RIGHTv AT ITS OPTIONi TO DECLARE THE ENTIRE
BALANCE OF THE UNFATD PRINCIPAL WTT4 UNPAID IrTEREST DUE THEREONt
IMMEDIATELY DUE AND PAYABLE . CONS VT TO ONE SUCH TRANSACTION
SHALL NOT BE DEEMED TO BE A WAIVER OF THE RIGHT TO REQUIRE
CONSENT TO FUTURE OR SUCCESSIVE TRAVSkCTIONSa
ACCOUNTS
A . IF REQUESTED BY THE COMMISSION* THE BORROWER ACREES TO DEPOSIT
ALL FUNDS RECEIVED UNDER THIS AGREEMENT TY A SEGREGATED ACCOUNT
IN IN INSTITUTION LHOSE DEPOSITS ARE INSURED BY THE FEDERAL OR
THE STATE GOVERNMENTS .
B* THE BORROWER FURTHER AGREES TO ESTA3LISH ON ITS BOOKS AN ENERGY
CONSERVATION LOAN ACCOUNT WHICH SHALL BE MAINTAINED AS LONG As
THE LOAN OBLIGATION REgAINS UNSATISFIED*
C. THE BORROWER FURTHER AGREES TO MAINTAIN RECORDS THAT ACCURATELY
AND FULLY SHOW THE BATE , AMOUNTt PURPOSEv AND PAYEE OF ALL
EXPENDITURES DRAWN ON SAID ACCOUNT,
D. THE BORROWER FURTHER AGREES TO UTILIZE A VOUCHER SYSTEM BY
WHICH ALL EXPENDITURES FROM SAID ACCOUNT WILL RE AUTHORIZED AND
AUTHENTICATED .
F , THE BORROWER FURTHER AGREES TO ALLOJ THE COMMISSION OR AkY OTHER
AGENCY OF THE STATEv ON WRITTEN REOJESTv TO HAVE REASONAFLE
ACCESS TO AND THE RIGHT OF INSPECTING ALL RECORDS THAT PERTAh"'
TO SAID ACCOUNT AND AGREES TO SUB "IT TO AN INDEPENDENT AUDIT*
IF THIS SHOULD BE REiUESTED BY THE COMMISSION, AT THE EXPENSE
OF THE BORROKER,
( 3 )
I
2 BUDGET
THE* BCRRO 'ER AGREES TO ANNUALLY BUDGET AN AMOUNT AT LEAST SUFFICIENT
TO MAKE THE SEMI-ANNUAL F4YMENTS; RECUIRED UNDER THIS AGREEMENT ,
WHICH AMOUNT IS INTENDED TO BE OBTAINED BY SAVINGS IN ENERGY COSTS .
THE LACK OF SUFFICIENT SAVINGS IN ENERGY COSTS TO MAKE PAYMENTS
SHALL NOT EXCUSE BORROWER FROM ITS ORL13ATION UNDER THIS AGREEMENT *
IF BORROWER IS A COUNTY * CITYi TOWN, TOWNSHIPt BOARD OF EDUCATION OR
SCHOOL DISTRICTS 5ORROUF4 AGREES THAT THE AMOUNT OF THE SEMI -ANNUAL
LOAN REPAYMENT SHALL NOT BF RAISED BY TAF LEVY OF ADDITIONAL TAXES
ANC SHALL NOT BE A CHARGE AGAINST FORROWERtS GENERAL FUND, BUT SHALL
BE DERIVED FROM SAVINGS IN ENERGY COSTS RESULTING FROM THE SUBJECT
ENERGY CONSERVATION PROJECTv OR FROM SPECIAL FUND RFVENUES RESERV-D
TO THE AGENCY OR DEPARTMENT OF WHICH THE SUBJECT PROJECT IS TG
BECOME A PART .
0 . DEFAULT
A. IN THE EVENT THE BORROWERt FOR ANY kEASONt IS UNABLE TO PROCEED
WITH THE PURPOSE OF THIS AGREEMENTv THE COMMISSION MAY DECLARE
THIS AGREEMENT TO HAVE BEEN BREACHED AND BE RELEASED FROM ANY
FURTHER PERFORMANCE HEREUNDER .
B. IN THE EVENT OF ANY DEFAULT OR BREACH OF THE AGREEMENT BY THE
FORROQERq THE COMMISSION, WITHCUT LIMITTNS ANY OF ITS OTHER
LEGAL RIGHTS OR REMEDlESv MAY DECLARE THE PROVISSORY NOTE
EVIDENCING THE LOAN TO BE DUE AND PAYA4LE.
14 * REPORTING
WITHIN TEF DAYS AFTER THE COMPISSICNtS kRITTEN REGUEST9 THE
BCkROW6R SHALL SUBMIT A STATUS REPORT ON ITS ACTIVITIES TO DATE
PURSUANT Ta THIS AGREEMENT IN SUCH FORMAT AS DETERMINED BY THE
COMMISSION AND AS OFTtl AS REASONABLY REPUIRED BY THE COMMISSION,
15 . FAIR EMPLOYMENT PRACTICES
THE ATTACHED FAIR EMPLOYMENT PRACTICES ADOErOUM IS EXPRESSLY KhDE
A PART OF THIS AGREEMENTt REFERENCE TO THE "THE CONTRACTORP IN
THE ADDENDJM SHALL BE CONSIDERED AS REFERE"CE TO "THE BORROWER "
UNDER THIS AGREEMENT,
(4 )
N WITNESS WHEREOFp THIS AGRELnENT HAS PEEN!EXECUTED BY THE PArRTIES
ERETOl UPON THE DATE FIRST ABOVE RITT}wNo
BORR04ER IIF OTHER THAN AN
TATE OF CALIFORNIA - INDIVIDUAL—o STATE WHETHER A
NERDY CC3t' 'ISSIO CORPO�AT ' PAF x F IF'7t ETC * )
yn J t' y.4'f I
.-{, JTitORI ED SIGNATURE) (AL)HCRIZr`?
Iaor f_City�of�Redlands
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i r-c ENERGY LIONSERVATION
/ { €?SSISTANCE. ACC.lUINT
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IATUT'ES FISCAL YEAR LINE ITE-K ALLCTMEN4T LOAN NO—
1979
._-______-____ ---------------------- ---_-_____-_--
HEREE>Y CERTIFY UPON MY OWN PERSONA,L KNOWLEDGE THAT BUDGETED FUNDS ARE=
VAILABLF FOR THE PERIOD AND PURPOSE OF THE EXPENDITURE STATED ABOVr r
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JCNA.TURE OF ACCOUNT INC. OFFI CER DATE
----------------------------- ` 1-ez-----------
HEREBY CERTIFY THAT ALL CONDITIONS FOR EXEMPTIONS SET FORTH IN STATE
;DMINIS-TRATIVE MANUAL SECTION 1229 HAVE REEK CCEIPLIE" WITH AND THIS
)OCUMENT IS EXEMPT FROM REVIEW BY THE PEPART4ENT OF FINAECF0
---------------------------------------
' I,Cf°IATURE OF OFFICER SIS' `IPTG €N UEHA! F OF THE AGENICY DATE
__- �' -� ' ---------------- --- ' - �--_
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this contract, the Contractor will not discriminate against any employee
or applicant for employment because of race, color, religion, ancestry, sex*, age*, national
origin, or physical handicap*. The Contractor will take affirmative action to ensure that appli-
cants are employed, and that employees are treated during employment, without regard to their
race, color, religion, ancestry, sex age*, national origin, or physical handicap*. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of com-
pensation; and selection for training, including apprenticeship. The Contractor shall post in
conspicuous places, available to employees and applicants for employment, notices to be pro-
vided by the State setting forth the provisions of this Fair Employment Practices section.
2. The Contractor will permit access to his records of employment, employment advertisements,
application forms, and other pertinent data and records by the State Fair Employment Practices
Commission, or any other agency of the State of California designated by the awarding authority,
for the purposes of investigation to ascertain compliance with the Fair Employment Practices
section of this contract.
3. Remedies for Willful Violation:
(a) The State may determine a willful violation of the Fair Employment Practices pro-
vision to have occurred upon receipt of a final judgment having that effect from a
court in an action to which Contractor was a party, or upon receipt of a written notice
from the Fair Employment Practices Commission that it has investigated and deter-
mined that the Contractor has violated the Fair Employment Practices Act and has
issued an order, under Labor Code Section 1426, which has become final, or obtained
an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Practices provision, the State shall
have the right to terminate this contract either in whole or in part, and any loss or
damage sustained by the State in securing the goods or services hereunder shall be
borne and paid for by the Contractor and by his surety under the performance bond, if
any, and the State may deduct from any moneys due or that thereafter may become due
to the Contractor, the difference between the price named in the contract and the
actual cost thereof to the State.
*See Labor Code Sections 1411 - 1432.5 for further details.
50121.750 12-74$OOM 0 05P STD.3 (Rev. 11/74)
LOAN NO: 99-000
LOAN AMOUNT: $310000 *30
PROMISSORY NOTE
1 . FOR VALUE RECEIVEDv THE UNDERSIGNED (HEREINAFTER REFERRED TO AS THE
"BORROWER ") PROMISES TO PAY TO THE ORD' R OF THE STATE OF CALIFORNIAt
C01FORNIA ENERGY COMMISSION (HEREINAFTER REFEdRED TO AS THE
"COMMISSION- It AT ITS PRINCIPAL PLACE OF BUSINESS IN SACRAMENTOt
CALIFORN11v OR AT SUCH OTHER PLACE AS TiE COMMISSION MAY DESIGNATEV
THE PRINCIPAL SUM OF THREE HUNDRED TEN THOUSAND AND 00/100 DOLLARS
( 104055. 061 OR SUCH LESSER AMOUNT AS SHALL EQUAL THE AGGREGATE : MOUNT
DISDURSED TO THE BORROWER BY THE COMMI&SION AS EVIDENCED BY THE
ATTACHED DETAIL LISTS TOGETHER WITH INTEREST ON THE UNPAID PRINCIPAL
COMPUTED FROK THE DATE EACH DISBURSENENT TO THE BORKCWER UNTIL REPAID
BY THE BORROIER AT THE INTEREST RATE OF SEVFN AND , THREE—QUARTER PERCENT
(7- 75) FER ANNUMt PRINCIPAL AND INTEREST TO BE DUE" AND PAYABLE IIN
TWELVE ( 1 2 ) SEMI—ANNUAL INSTALLMENTS OF THIRTY—FOUR THOUSAND SEVEN
HUNDRED NINETY AND 30/100 DOLLARS 034090934) EACHi BEGINNING ON OR
BEFORE DECEMBER 22 OF THE FISCAL YEAR FOLLOWING THE YEAR IN WHICH THE
PROJECT IS COMPLETED OR ON DECEMBER 22v 19851 WHICHEVER IS THE FIRST To
OCCURv AND CONTINUING THEREAFTER UNTIL SAID PRINCIPAL AND INTEREST HAVE
BEEN PAID IN FULL .
2 , PAYMENT OF ANY INSTALLMENT SHALL BE FIRST APPLIED TO ACCRUED INTEREST
TO THE DATE OF DISBURSAL TO THE BORROWER AND THE EALANCEt IF ANY* TO
PRINCIPAL , THE BORROWER MAY FREPAY THIS NATE IN FULL CR IN FART,
WITHOUT PENALTYv BUT ANY SUCH FREPAYMENT SHALL bE FIRST APPLIED TO
PRINCIPAL AND THE BALANCE * IF ANYs TO ACCRUED INTEREST &
3 , IF ANY INSTALLMENT IS NOT PAID WITHIN 30 DAYS AFTER ITS DUE DATEs THE
COMMISS1009 AT ITS OPT10N MAY REQUIRE THE BOAOWER TO PAY A LATE
CHARGE EQUAL TO 5% OF THE AVOU4T OF THE INSTALLMENTv OR $5t WHICHEVER
IS GREtTER *
4 , FOR NON—GOVERNMENTAL PORROWERS OF A LOAN OF $10 *0?0 OR MOREv THE
INDEBTEDNESS EVIDENCED BY THIS NOTE IS ?ADE PURSUANT TO A LOAN
AGREEMENT BETWEEN THE BORKOWER AND THE COMMISSION 4ND IS SECURED
BY A DEED X TRUST*
5, ON THE OCCURRENCE OF ANI EVENT OF DEFAULT THE COMMISSI ONi AT ITS
SOLE ELECTION* MAY DECLARE ALL OR ANY PORTION OF THE PRINCIPAL
AND ACCRUED INTEREST ON THIS NOTE TO BE IMMEDIATELY DUE AND PAYABLE
AND MAY PROCEED AT ONCE WITHOUT FURTHER NOTICE TO ENFORCE THIS NOTE
ACCORDING TO LAV.
6. EACH OF THE FOLLOWING OCCURRENCES SHALL CONSTITUTE AN EVENT OF
DEFAULT :
A , FAILURE OF THE BORROWER TO REPAY ANY PRINCIPAL OR INTEREST WHEN
DUE UNDER THE TERMS OF THIS NOTE;
B, TERMINATION OF SAID LOAN AGREEMENT PURSUANT TO THE TERMS THEREOF
OR BREACH BY THE BORROUER OF ANY TERMS OF SAID LOAN AGREEMENT ;
C. FAILURE OF THE BORROWER TO UNDERTAKE IN A TIMELY WAY THE
EXPRESS AND IMPLIED ACTIVITIES FOR IHICH SAID LOAN AGREEMENT
HAS BEEN EXECUTED OR A SUBSTANTIAL REDUCTION BY THE BORROVER
IN THE SCOPE OF SAID ACTIVITIES ;
D * OCCURRENCE OF ( 1 ) THE RORROWERfS BECOMING INSCLVENT OR BANKRUPT
OR BEING UNABLE OR ADMITTING IN WRITING ITS INABILITY TO PAY ITS
DEBTS AS THEY MATURF CR MAKING A GENERAL ASSIGNMENT FOR THE
BENEFIT OF OR ENTERING INTO ANY COMPOSITION OR ARRANGEMENT WITH
CREDITORS; (2) PROCEEDINGS FOR THE APPOINTMENT CF A RECEIVFRT
TRUSTEEt OR LIQUIDATCR OF THE ASSETS OF THE BORROWER OR A
SUBSTANTIAL PART THEREOFt BEING AUTHORIZED OR INSTITUTED BY OR
AGAINST THE BORROWER ; OR (3) PROCEEDINGS UNDER ANY BANKRUPTCYt
REORGANIZATIONt READJUSTMENT OF DEBT9 INSOLVENCYt DISSOLUTIONS
LIQUIDATION OR OTHER SIMILAR LAW OR A4Y JURISDICTION BEING
AUTHORIZED OR INSTITUTED AGAINST THE BORROWER ,
7* NO DELAY DR FAILURE OF COMMISSION IN THE EXERCISE OF ANY RIGHT OR
REMEDY HEREUNDER OR UNDER AWY OTHER AGREEMKNTv WHICH SECURES OR
IS RELATED HERETOv SHALL AFFECT ANY SUCH RIGHT OR RFMFDY* AND No
SINGLE OR PARTIAL EXERCISE OF ANY SUCH RIGHT OR REMEDY SHALL
PRECLUDE ANY FURTHER EXERCISE THEE EOF9 AND NO ACTION TAKEN OR
OMITTED BY COMMISSION SHALL BE DELMED A WAIVER OF ANY SUCH RIGHT
OR REMEDYt
8. APPY NOTICE TO THE BORROWER PROVIDED FOR IN THIS NOTE SHALL BE GIVEN
BY MAILING SUCH NOTICE BY CERTIFIED MAIL ADDRESSED TO THE BORROWER
AT THE ADDRESS STATED IV THE LOAN AGREEMENTv OR TO SUCH OTHER
ADDRESS AS THE BORROWER MAY DESIGNATE BY NOTICE TO THE COMMISSION.
ANY NOTICE TO THE COMMISSION SHALL BE GIVEN BY MAILING SUCH NOTICE
BY CERTIFIED MAILt RETURN RECEIPT REQUESTEDt TO THE COMMISSION AT
THE ADDRESS STATED IN THE LOAN AGREEMENTt OR AT SUCH OTHER ADDRESS
AS MAY HAVE BEEN DESIGNATED BY NOTICE TO THE BORROVERe
9 . IF SUIT IS BROUGHT TO COLLECT THIS NOTE* THE COMMISSION SHALL BE
ENTITLED TO COLLECT ALL REASONABLE COSTS AND EXPENSES OF SAID SUIT*
INCLUDING REASONABLE ATTORNEYtS FEES.
LO , THIS NOTE SHALL BE BINDING UPON THE BORROWER AND ITS SUCCESSORS
AND ASSIGNS AND UPON THE COMMISSION AND ITS SUCCESSORS AND ASSIGNS*
,1 . THIS NOTE SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF CALIFORNIA,
FORROVFRCity -.Redlands
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LOAN NO: 99-000
LOAN AMOUNT : $310V000,0 ^j
PAGE I
PROMISSORY NOTE DETAIL
TYPE ECM FACILITY NO , 01
THE PRINCIPAL SUM OF
EOR1 CONVERT 2381 Iiv;CA!,jDESCEr,,JT AwD IPERCURY VAPCR TO H.P. SODIUM