Ordinance 2015-1695 - Laserfiche WebLink

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"Conversion Date" means the date on which a fully- executed Tax Exempt Opinion is delivered to Alpine Bank. "Counsel" means an attorney at law or law firm (who may be counsel for Alpine Bank or the City) who is satisfactory to both the City and Alpine Bank. "Energy Agency Agreement" means, collectively, the two Energy Agency Agreements between Clean Energy Collective 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. "Event of Default" means one or more events of default as defined in Section 13.01 of this Lease. "Event of Nonappropriation" means a termination of this Lease by the City determined by the City's failure, for any reason, to duly enact by the last day of each Fiscal Year an appropriation resolution for the ensuing Fiscal Year which includes (a) by specific line item reference amounts authorized and directed to be used to pay all Base Rentals and (b) sufficient amounts to pay such Additional Rentals as are estimated to become due, as provided in Section 6.06 of this Lease. The term also includes the giving of notice under Section 4.01 of this Lease of the City's intention to terminate and the occurrence of an event described in Section 6.06 of this Lease relating to the failure by the City to appropriate amounts due as Additional Rentals at least equal to the amounts reasonably estimated to become due. "Financed Project" means the 606 solar panels located in the Boulder County CEC Solar Array acquired by Alpine Bank pursuant to this Agreement and the rights to the associated Bill Credits and REC Payments provided in accordance with the Program and the CEC Agreements. "Fiscal Year" means the fiscal or budget year of the City. "Force Majeure" means, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or of the State or any of their departments, agencies or officials or any civil or military authority; insurrection; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accidents to machinery, transmission pipes or canals; or any other cause or event not within the control of the City. "Host Company" means Mesa Solar 1, LLC, the "Host Company" under the Co- Location Agreement. "Insurance Consultant" means an independent person or firm acceptable to the City experienced in providing the specific type of insurance in question and capable of making an evaluation of the actuarial risk of loss from the types of events customarily covered by such insurance policies. "Interest Component Rate" means the per annum rate or rates of interest used to calculate the interest component of Base Rentals. The Interest Component Rate shall be 4.75% and, after the Conversion Date, if any, 3.50 %. 4 4812 - 2161 -1294 9