Ordinance 2015-1695 - Laserfiche WebLink

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"Additional Rentals" means the cost of all (a) reasonable expenses and fees of Alpine Bank incurred at the request of the City (b) all costs and expenses incurred by Alpine Bank pursuant to the terms of the CEC Agreements, subject to the limitations of such agreements (provided, however, that it is expressly acknowledged that the Recurring O &M Expenses are payable solely through a deduction from Bill Credits and REC Payments and that the City is not subject to taxes or assessments and, as a result, such items will not constitute Additional Rentals payable by the City hereunder), (c) the costs and expenses incurred by the City in performing its obligations under this Lease with respect to the Leased Property, the Financed Project, this Agreement and any matter related thereto, (d) the costs and expenses incurred by the City in paying the reasonable fees and expenses of Alpine Bank pursuant to Section 10.06 hereof, and (e) all other costs and expenses incurred by the City in connection with the foregoing, including any matters relating to the CEC Agreements and any assignments thereof. Additional Rentals do not include Base Rentals or the Purchase Option Price. "Authorized Officer of the City" means any person authorized by resolution or ordinance of the Council to perform any act or execute any document. "Base Rentals" means the payments payable by the City during the Lease Term pursuant to Section 6.02 of this Lease and as set forth in Exhibit B, as it may be amended hereunder from time to time, which constitute the payments payable by the City for and in consideration of the right to use the Leased Property during the Lease Term. In the event that Exhibit B sets forth separate schedules of Base Rentals payable with respect to one or more separate portions of the Leased Property, such payments will be combined for purposes of Section 6.02, but may be treated as separate schedules for other purposes of this Lease. "Base Rental Payment Dates" means monthly payments due on 11th day of each month of each Fiscal Year during the Lease Term. "Bill Credits" means the amount required to be credited by the Utility in accordance with the Program in respect of the Customer Portion (as defined in the Energy Agency Agreement) relating to the Panels based upon the Facility Revenue (as defined in the Program) of the Solar Array Facility, net of any Recurring O &M Fee permitted to be deducted therefrom as provided in the Co- Location Agreement. Bill Credits accruing during the Term of this Lease have been acquired by the City in accordance with the terms hereof. "Business Day" means any day other than a Saturday, a Sunday or a day on which banks in New York, New York or Denver, Colorado are authorized by law to remain closed. "CEC" means Clean Energy Collective, LLC and when capitalized, the term "Agent" means CEC, the "Agent" under the Energy Agency Agreement. "CEC Agreements" means, collectively, the Co- Location Agreement and the Energy Agency Agreement. "Co- Location Agreement" means, collectively, the two Boulder Solar Array Co- Location Agreements between Mesa Solar 1, LLC and Alpine Bank, each dated August 27, 2015, pertaining to the Panels, and any amendments thereto or substitutions thereof, but solely to the extent the City has consented in writing to such amendments or substitutions. 3 4812 - 2161 -1294 9