Agenda packet — Escondido City Council, August 20, 2025 (part 3 of 4)

C: Economizer, Outside Air with Pressure Relief
D: Motorized 2-Position Damper, up to 450 cfm of Outside Air w/Pressure Relief E: Motorized Damper w/Pressure Relief & Independent Motorized Damper Control N: Barometric Damper, up to 15% Outside Air
T: Title 24 Compliant Economizer & Controls
Electric Heat 000 = None 040 = 4 kw 050 = 5 kw 060 = 6 kw 080 = 8 kw 090 = 9 kw 100 = 10 kw 120 = 12 kw 150 = 15 kw Basic
Model Volts-Hz-Ph SPPE³ SPPE³ SPPE³ SPPE³ SPPE³ SPPE³ SPPE³ SPPE³ SPPE³ MCA1 MFS2 MCA1 MFS2 MCA1 MFS2 MCA1 MFS2 MCA1 MFS2 MCA1 MFS2 MCA1 MFS2 MCA1 MFS2 MCA1 MFS2 MAH1020HA 208/230-60-1 19.2 25 40.0 45 45.2 50 50.4 60 60.8 70 71.3 80 MAH1024HA 208/230-60-1 21.2 30 42.0 45 47.2 50 52.4 60 62.8 70 73.3 80 MAH1030HA 208/230-60-1 24.5 35 45.3 50 50.5 60 55.7 60 66.1 70 76.6 80 87.0 90 102.6 110 MAH1036HA 208/230-60-1 26.0 40 46.8 50 52.0 60 57.2 60 67.6 70 78.1 80 88.5 90 104.1 110 MAH1042HA 208/230-60-1 32.7 50 53.5 60 58.7 70 84.7 90 95.2 100 110.8 125 MAH1048HA 208/230-60-1 37.4 50 58.2 70 63.4 80 89.5 100 99.9 100 115.5 125 MAH1060HA 208/230-60-1 44.3 60 65.1 80 70.3 90 96.4 110 106.8 110 122.4 125 MAH1024HC 208/230-60-3 16.7 20 34.7 35 43.7 45 52.8 60 61.8 70 MAH1030HC 208/230-60-3 23.6 35 41.6 50 50.7 60 59.7 60 68.7 70 MAH1036HC 208/230-60-3 22.9 35 40.9 45 49.9 50 58.9 60 68.0 70 MAH1042HC 208/230-60-3 25.4 35 43.4 50 52.5 60 61.5 70 70.5 80 MAH1048HC 208/230-60-3 25.4 35 43.4 50 52.5 60 61.5 70 70.5 80 MAH1060HC 208/230-60-3 35.6 50 53.6 60 62.6 70 71.6 80 80.7 90 MAH1024HD 460-60-3 9.5 15 18.5 20 23.1 25 27.6 30 32.1 35 MAH1030HD 460-60-3 10.2 15 19.2 20 23.7 25 28.2 30 32.7 35 MAH1036HD 460-60-3 11.1 15 20.1 25 24.6 25 29.1 30 33.6 35 MAH1042HD 460-60-3 12.0 15 21.0 25 25.5 30 30.0 30 34.5 35 MAH1048HD 460-60-3 12.2 15 21.2 25 25.7 30 30.2 35 34.8 35 MAH1060HD 460-60-3 16.5 20 25.5 30 30.1 35 34.6 35 39.1 40 MAH1024HZ 575-60-3 7.3 15 14.8 15 18.6 20 22.3 25 26.1 30 MAH1030HZ 575-60-3 8.7 15 16.2 20 20.0 20 23.7 25 27.5 30 MAH1036HZ 575-60-3 8.7 15 16.2 20 20.0 20 23.7 25 27.5 30 MAH1042HZ 575-60-3 10.1 15 17.7 20 21.4 25 25.2 30 29.0 30 MAH1048HZ 575-60-3 11.0 15 18.5 20 22.3 25 26.1 30 29.8 30 MAH1060HZ 575-60-3 14.5 20 22.1 25 25.8 30 29.6 30 33.4 35 S-Circuit - The user can move a pin on the board to control whether the electric heat will operate simultaneously with the compressor ( S Circuit – NO) or will not run simultaneously with the compressor (S Circuit – Yes). 1 MCA = Minimum Circuit Ampacity (Wiring Size Amps) 2MFS = Maximum Fuse or HACR Breaker Size 3SPPE = Single Point Power Entry MCA & MFS are calculated at 230 volts on the 208-230v. (HPA & HPC) models. The 460 volt HPD models are calculated at 460 volts. This chart should only be used as a guideline for estimating conductor size and overcurrent protection. For the requirements of specific units, always refer to the data label on the unit. 698
Item5.

Marvair MAH Wall Mount Heat Pumps PDS 09/2024 New 16
Dimensional Data: MAH1020H/1024H & MAH2024H
Engineering Revision “A”
4 4

LH SIDE VIEW

TOP VIEW
4 FRONT VIEW
2 4
4 4
4 4

BACK SIDE VIEW
4 2 4
4 RH SIDE VIEW
Installation Weight
MAH1020H/1024H & MAH2024H Base w/Economizer w/3 Phase w/Economizer & 3 Phase Pounds 337 357 356 376
Kilograms 153 162 161 171
Filter Size
MAH1020H/1024H & MAH2024H INCHES MILLIMETERS PART NUMBER FILTERS PER UNIT MERV RATING RETURN AIR FILTER 16 x 25 x 2 406 x 635 x 51 80137 1 8 (STD) Note: All overall outside dimensions are given with +/- .250” (6mm) tolerance. 699 Item5.

SUBMITTAL
Project
Climatec - City of Esc - Vineyard Golf Course
Date
Saturday, April 12, 2025
Shawn Harlan
Sigler - Brea
205 Puente Street
Brea CA
700
Item5.

Table Of Contents
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
ID 2 3
Unit Report 4
Performance Summary 5
System Parameters 5
Electrical Data 5
Acoustic Summary 6
Certified Drawing 7
ID 1 10
Unit Report 11
Performance Summary 12
System Parameters 12
Electrical Data 12
Acoustic Summary 13
Certified Drawing 14
Residential Carrier Products Bldr 1.39j Page 2 of 16701 Item5.

ID 2
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
ID 2
ID 2
Submittal Cover Sheet
Unit Report
Performance Summary Report
Acoustic Summary
Certified Drawings
Residential Carrier Products Bldr 1.39j Page 3 of 16 702 Item5.

Unit Report For ID 2
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
Unit Report
Outdoor Unit Parameters
Unit Model: 27SCA
Unit Size: 3 Tons (Size 36)
Voltage: 208/230-3-60 V-Ph-Hz
Indoor Coil Parameters
Unit Model: FT5A
Unit Size: 48,000 Btuh
Cabinet Insulation: Singular, TXV
Voltage: 208-1-60 V-Ph-Hz
Refrigerant Type: Puron Advance
Heating Size: No Heat
Outdoor Unit Dimensions and Weight
Unit Length: 31.1875 in
Unit Width: 31.1875 in
Unit Height: 32.0625 in
Unit Shipping Weight: 193. lb
Indoor Coil Dimensions and Weight
Unit Length: 22.06 in
Unit Width: 21.1 in
Unit Height: 53.44 in
Unit Shipping Weight: 168. lb

RESIDENTIAL APPLICATIONS
This warranty is to the original purchasing owner and subsequent owners only to the extent and as stated in the Warranty Conditions and below.

The limited warranty period in years, depending on the part and the claimant, is as shown in the table below.

Limited Warranty (Years)
Item Original Owner Subsequent Owner
Parts 10* (or 5) 5
Compressor 10* (or 5) 5
*If properly registered within 90 days of original installation, otherwise 5 years (except in California and Quebec and other jurisdictions that prohibit warranty benefits conditioned on registration). See Warranty Conditions below.

OTHER APPLICATIONS
The warranty period is five (5) years on the compressor, and one (1) year on all other parts. The warranty is the original owner only and is not available for subsequent owners.

Ordering Information
Part Number Description Quantity
Outdoor Unit
27SCA536A005 27SCA Comfort Single Stage Heat Pump with Puron Refrigerant Advanced 3 Tons Cooling
1 15 SEER @ ARI Conditions
Indoor Coil
FT5ANXC48L00 Performance Series Fan Coil with Puron Advance 208/230-1-60 1 Singular, TXV
Aluminum
The Product and Ratings Data in this program is subject to change at any time and without notice. Please refer to the latest product literature and the AHRI directory at www.ahridirectory.org for the most up-to-date information.

Residential Carrier Products Bldr 1.39j Page 4 of 16
703
Item5.

Performance Summary For ID 2
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
Performance Summary
System Performance
System: 27SCA/FT5A
System Quantity: 1
Altitude: 0.0 ft
Linear Pipe Length: 0.0 ft
COP @ 47 F: 3.76
COP @ 17 F: 2.58
SEER @ ARI Conditions: 15.5
EER @ ARI Conditions: 12.5
HSPF @ ARI Conditions: 7.5
Actual Clg Airflow: 1200.0 CFM
Standard Clg Airflow: 1200.0 CFM
Total Net Clg Capacity: 34.89 MBH
Net Sensible Clg Capacity: 26.45 MBH
Htg HP Capacity: 34.08 MBH
Htg HP Integrated Capacity: 34.08 MBH
Heating HP Compressor Power: 2.65 kW
Total System Power: 3.37 kW
System Parameters
System Parameters
Outdoor Unit Parameters
Unit Model: 27SCA536A005
Unit Size (Nominal): 3 Tons (Size 36)
Voltage: 208/230-3-60 V-Ph-Hz
Clg Ent Air DB Ambient: 95.0 °F
Htg Ent Air DB Ambient: 47.0 °F
Indoor Coil Parameters
Unit Model: FT5ANXC48L00
Unit Size (Nominal): 48,000 Btuh
Voltage: 208-1-60 V-Ph-Hz
Ent Air DB: 80.00 °F
Ent Air WB: 67.00 °F
Ent Enthalpy: 31.44 BTU/lb
Lvg Air DB: 59.59 °F
Lvg Air WB: 57.92 °F
Lvg Enthalpy: 24.98 BTU/lb
Htg Ent Air DB: 70.0 °F
Htg Lvg Air DB: 96.3 °F
Heating Size (Nominal): No Heat
Total External Static Pressure: 0.50 in wg
Electrical Data
Electrical Data
Outdoor Electrical Data
Unit Voltage: 208/230-3-60 V-Ph-Hz
Fan Motor FLA: 1.20 Amps
MCA: 12.5 Amps
Max Fuse: 20 Amps
Operating Range Min: 187 V
Operating Range Max: 253 V
Compressor RLA: 9.0 Amps
Compressor LRA: 70.0 Amps
Indoor Electrical Data:
(For units with no factory installed electric heaters)
Unit Voltage: 208-1-60 V-Ph-Hz
Unit FLA: 5.7 Amps
Unit MCA: 7.1 Amps
Unit MOCP: 15.0 Amps
Unit Min Wire Size: 14.0
Unit Fuse/Ckt Bkr Amps: 15.0 Amps
Motor HP: 3/4 HP
Notice: Indoor Elect. data is for 208-1-60 voltage
The Product and Ratings Data in this program is subject to change at any time and without notice. Please refer to the latest product literature and the AHRI directory at www.ahridirectory.org for the most up-to-date information.

Residential Carrier Products Bldr 1.39j Page 5 of 16 704 Item5.

Acoustic Summary For ID 2
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
Acoustic Summary
Outdoor Unit Parameters:

Unit Model: 27SCA
Unit Size: 3 Tons (Size 36)
Variations: Standard
Octave Band Center Frequency, Hz 125 250 500 1k 2k 4k 8k dBA Sound Power,dB 70.6 69.9 68.5 66.0 63.1 59.0 53.2
A-Weighted Sound Power, dBA 76.0
Indoor Coil Parameters:

Unit Model: FT5A
Unit Size: 48,000 Btuh
Cabinet Insulation: Singular, TXV
Octave Band Center Frequency, Hz 63 125 250 500 1k 2k 4k Sound Power,dB 69.0 65.0 61.0 58.0 56.0 54.0 50.0
The Product and Ratings Data in this program is subject to change at any time and without notice. Please refer to the latest product literature and the AHRI directory at www.ahridirectory.org for the most up-to-date information.

Residential Carrier Products Bldr 1.39j Page 6 of 16 705 Item5.

Certified Drawing For ID 2
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
Certified Drawing
Outdoor Model
Unit Model: 27SCA
Unit Size: 3 Tons (Size 36)
Voltage: 208/230-3-60 V-Ph-Hz
SEER: 15
PartNumber: 27SCA536A005
Shipping Dimensions and Weights Outdoor Unit
Height 36.44 in
Width 34.25 in
Length 34.25 in
Operating Weight 173. lb
Shipping Weight 193. lb
Dimensions

A B C D E F G H I J K

31.19 in 32.06 in 0.75 in 6.56 in 24.69 in 9.13 in 1.13 in 3.81 in 12.00 in 14.13 in 16.25 in The Product and Ratings Data in this program is subject to change at any time and without notice. Please refer to the latest product literature and the AHRI directory at www.ahridirectory.org for the most up-to-date information.

Residential Carrier Products Bldr 1.39j Page 7 of 16706 Item5.

Certified Drawing For ID 2
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
Indoor Coil
Unit Model: FT5A
Unit Size: 48,000 Btuh
Voltage: 208-1-60 V-Ph-Hz
Cabinet Insulation: Singular, TXV
PartNumber: FT5ANXC48L00
Dimensions and Weights Indoor Coil
Height 53.44 in
Width 21.13 in
Length 22.06 in
Shipping Weight 168. lb
Dimensions

A B C D E F G H J

53.44 in 21.13 in 19.25 in 19.13 in 19.50 in 27.25 in 26.94 in -- -- The Product and Ratings Data in this program is subject to change at any time and without notice. Please refer to the latest product literature and the AHRI directory at www.ahridirectory.org for the most up-to-date information.

Residential Carrier Products Bldr 1.39j Page 8 of 16707 Item5.

Certified Drawing For ID 2
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
Indoor Coil
Unit Model: FT5A
Unit Size: 48,000 Btuh
Voltage: 208-1-60 V-Ph-Hz
PartNumber: FT5ANXC48L00
The Product and Ratings Data in this program is subject to change at any time and without notice. Please refer to the latest product literature and the AHRI directory at www.ahridirectory.org for the most up-to-date information.

Residential Carrier Products Bldr 1.39j Page 9 of 16708 Item5.

ID 1
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
ID 1
ID 1
Submittal Cover Sheet
Unit Report
Performance Summary Report
Acoustic Summary
Certified Drawings
Residential Carrier Products Bldr 1.39j Page 10 of 16709 Item5.

Unit Report For ID 1
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
Unit Report
Outdoor Unit Parameters
Unit Model: 27SCA
Unit Size: 5 Tons (Size 60)
Voltage: 208/230-3-60 V-Ph-Hz
Indoor Coil Parameters
Unit Model: FT5A
Unit Size: 60,000 Btuh
Cabinet Insulation: Modular, TXV
Voltage: 208-1-60 V-Ph-Hz
Refrigerant Type: Puron Advance
Heating Size: No Heat
Outdoor Unit Dimensions and Weight
Unit Length: 35 in
Unit Width: 35 in
Unit Height: 35.5 in
Unit Shipping Weight: 255. lb
Indoor Coil Dimensions and Weight
Unit Length: 22.06 in
Unit Width: 24.69 in
Unit Height: 59.19 in
Unit Shipping Weight: 203. lb

RESIDENTIAL APPLICATIONS
This warranty is to the original purchasing owner and subsequent owners only to the extent and as stated in the Warranty Conditions and below.

The limited warranty period in years, depending on the part and the claimant, is as shown in the table below.

OTHER APPLICATIONS
The warranty period is five (5) years on the compressor, and one (1) year on all other parts. The warranty is the original owner only and is not available for subsequent owners.

Ordering Information
Part Number Description Quantity
Outdoor Unit
27SCA560A005 27SCA Comfort Single Stage Heat Pump with Puron Refrigerant Advanced 5 Tons Cooling
1 15 SEER @ ARI Conditions
Indoor Coil
FT5ANBD60L00 Performance Series Fan Coil with Puron Advance 208/230-1-60 1 Modular, TXV
Aluminum
The Product and Ratings Data in this program is subject to change at any time and without notice. Please refer to the latest product literature and the AHRI directory at www.ahridirectory.org for the most up-to-date information.

Residential Carrier Products Bldr 1.39j Page 11 of 16
710
Item5.

Performance Summary For ID 1
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
Performance Summary
System Performance
System: 27SCA/FT5A
System Quantity: 1
Altitude: 0.0 ft
Linear Pipe Length: 0.0 ft
COP @ 47 F: 3.72
COP @ 17 F: 2.60
SEER @ ARI Conditions: 15.0
EER @ ARI Conditions: 12.0
HSPF @ ARI Conditions: 7.5
Actual Clg Airflow: 2000.0 CFM
Standard Clg Airflow: 2000.0 CFM
Total Net Clg Capacity: 57.44 MBH
Net Sensible Clg Capacity: 44.26 MBH
Htg HP Capacity: 57.83 MBH
Htg HP Integrated Capacity: 57.83 MBH
Heating HP Compressor Power: 4.23 kW
Total System Power: 5.80 kW
System Parameters
System Parameters
Outdoor Unit Parameters
Unit Model: 27SCA560A005
Unit Size (Nominal): 5 Tons (Size 60)
Voltage: 208/230-3-60 V-Ph-Hz
Clg Ent Air DB Ambient: 95.0 °F
Htg Ent Air DB Ambient: 47.0 °F
Indoor Coil Parameters
Unit Model: FT5ANBD60L00
Unit Size (Nominal): 60,000 Btuh
Voltage: 208-1-60 V-Ph-Hz
Ent Air DB: 80.00 °F
Ent Air WB: 67.00 °F
Ent Enthalpy: 31.44 BTU/lb
Lvg Air DB: 59.51 °F
Lvg Air WB: 58.04 °F
Lvg Enthalpy: 25.06 BTU/lb
Htg Ent Air DB: 70.0 °F
Htg Lvg Air DB: 96.8 °F
Heating Size (Nominal): No Heat
Total External Static Pressure: 0.50 in wg
Electrical Data
Electrical Data
Outdoor Electrical Data
Unit Voltage: 208/230-3-60 V-Ph-Hz
Fan Motor FLA: 1.50 Amps
MCA: 21.5 Amps
Max Fuse: 35 Amps
Operating Range Min: 187 V
Operating Range Max: 253 V
Compressor RLA: 16.0 Amps
Compressor LRA: 156.4 Amps
Indoor Electrical Data:
(For units with no factory installed electric heaters)
Unit Voltage: 208-1-60 V-Ph-Hz
Unit FLA: 5.7 Amps
Unit MCA: 7.1 Amps
Unit MOCP: 15.0 Amps
Unit Min Wire Size: 14.0
Unit Fuse/Ckt Bkr Amps: 15.0 Amps
Motor HP: 3/4 HP
Notice: Indoor Elect. data is for 208-1-60 voltage
The Product and Ratings Data in this program is subject to change at any time and without notice. Please refer to the latest product literature and the AHRI directory at www.ahridirectory.org for the most up-to-date information.

Residential Carrier Products Bldr 1.39j Page 12 of 16711 Item5.

Acoustic Summary For ID 1
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
Acoustic Summary
Outdoor Unit Parameters:

Unit Model: 27SCA
Unit Size: 5 Tons (Size 60)
Variations: Standard
Octave Band Center Frequency, Hz 125 250 500 1k 2k 4k 8k dBA Sound Power,dB 66.6 68.6 69.2 70.8 62.9 60.8 62.7
A-Weighted Sound Power, dBA 74.0
Indoor Coil Parameters:

Unit Model: FT5A
Unit Size: 60,000 Btuh
Cabinet Insulation: Modular, TXV
Octave Band Center Frequency, Hz 63 125 250 500 1k 2k 4k Sound Power,dB 72.0 68.0 64.0 61.0 59.0 57.0 53.0
The Product and Ratings Data in this program is subject to change at any time and without notice. Please refer to the latest product literature and the AHRI directory at www.ahridirectory.org for the most up-to-date information.

Residential Carrier Products Bldr 1.39j Page 13 of 16712 Item5.

Certified Drawing For ID 1
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
Certified Drawing
Outdoor Model
Unit Model: 27SCA
Unit Size: 5 Tons (Size 60)
Voltage: 208/230-3-60 V-Ph-Hz
SEER: 15
PartNumber: 27SCA560A005
Shipping Dimensions and Weights Outdoor Unit
Height 39.81 in
Width 34.25 in
Length 34.25 in
Operating Weight 234. lb
Shipping Weight 255. lb
Dimensions

A B C D E F G H I J K

35.00 in 35.50 in 0.88 in 6.56 in 28.44 in 9.13 in 1.13 in 3.81 in 13.00 in 15.50 in 16.75 in The Product and Ratings Data in this program is subject to change at any time and without notice. Please refer to the latest product literature and the AHRI directory at www.ahridirectory.org for the most up-to-date information.

Residential Carrier Products Bldr 1.39j Page 14 of 16713 Item5.

Certified Drawing For ID 1
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
Indoor Coil
Unit Model: FT5A
Unit Size: 60,000 Btuh
Voltage: 208-1-60 V-Ph-Hz
Cabinet Insulation: Modular, TXV
PartNumber: FT5ANBD60L00
Dimensions and Weights Indoor Coil
Height 59.19 in
Width 24.69 in
Length 22.06 in
Shipping Weight 203. lb
Dimensions

A B C D E F G H J

59.19 in 24.69 in 22.75 in 22.69 in 25.25 in 32.94 in 32.63 in 34.06 in -- The Product and Ratings Data in this program is subject to change at any time and without notice. Please refer to the latest product literature and the AHRI directory at www.ahridirectory.org for the most up-to-date information.

Residential Carrier Products Bldr 1.39j Page 15 of 16714 Item5.

Certified Drawing For ID 1
Project: Climatec - City of Esc - Vineyard Golf Course 04/12/2025 Prepared By: Shawn Harlan
Indoor Coil
Unit Model: FT5A
Unit Size: 60,000 Btuh
Voltage: 208-1-60 V-Ph-Hz
PartNumber: FT5ANBD60L00
The Product and Ratings Data in this program is subject to change at any time and without notice. Please refer to the latest product literature and the AHRI directory at www.ahridirectory.org for the most up-to-date information.

Residential Carrier Products Bldr 1.39j Page 16 of 16715 Item5.

Outdoor Unit Heat Pump Ductless System
Outdoor Model: 37MARAQ12AA3
Job Data: Location:

Tag #: Carrier#:

Date:

NOTE: Images for illustration purposes only. Actual models may be slightly different.

Outdoor - Heat Pump
37MARAQ12AA3
12000
Voltage, Phase, Cycle V/Ph/Hz 208-230/1/60
MCA A. 12
MOPA A. 15
SCCR kA 5
Cooling Outdoor DB Min - Max °F(°C) -13~122(-25～50)
Heating Outdoor DB Min - Max °F(°C) -13~75(-25～24)
Min. Piping Length ft (m) 9.8 (3)
Standard Piping Length ft. (m) 24.6 (7.5)
Total Piping Length ft (m) 82.02(25)
Piping Lift*
ft (m) 49.21(15)
Pipe Connection Size - Liquid in (mm) 1/4in(6.35mm)
Pipe Connection Size - Suction in (mm) 3/8in(9.52mm)
R454B
Charge lbs (kg) 2.03(0.92)
Add'l Refrigerant (between Std & Max
Piping Lengths)
Oz/ft
(g/m) 0.16(15)
Capacity Unit W D H L1 L2 Face Area Sq. Ft. 4.04
mm 765 303 555 452.4 313.82 2
inch 30.12 11.93 21.85 17.81 12.36 20
mm 890 342 673 663 379.59 4
inch 35.04 13.46 26.5 26.1 14.94 ROTARY
mm 946 410 810 672.96 454.8 KSK103D33UEZ3
inch 37.24 16.14 31.89 26.49 17.19 ESTER OIL
Oil Charge Fl. Oz. 10.48
Rated Current RLA 0.62
Airflow CFM 1236.7
Sound Pressure dB(A) 56
Height in (mm) 21.85(555)
Width in (mm) 30.12(765)
Depth in (mm) 11.93(303)
Net Weight lbs (kg) 62.17(28.2)
Shipping Height in (mm) 24.02(610)
Shipping Width in (mm) 34.92(887)
Shipping Depth in (mm) 13.27(337)
Shipping Net Weight lbs (kg) 67.68(30.7)
* Condensing unit above or below indoor unit
9K/12K
18K
24K ~ 36K
Outdoor Size
Outdoor Model #
Refrigerant
System
Electrical
Operating Range
Refrigerant Type

OUTDOOR STANDARD FEATURES
• Variable Speed (Inverter)
• Factory installed Base Pan Heater
• Factory installed Crankcase Heater
• Low Voltage Controls
• Auto-Restart function
• Condenser High Temp Protection
• Quiet operation
• Anti-corrosive fin coating
RESIDENTIAL APPLICATION LIMITED WARRANTY*
• Ten (10) years if properly registered within ninety (90) days after original installation, parts are warranted to the original purchaser for a period of ten (10) years. Otherwise, parts warranty is five (5) years.

Piping

OUTDOOR UNIT DIMENSIONS
Dimensions
No. Rows
Fins per inch
Circuits
Type
Model
Outdoor Coil
Compressor
Airflow & Sound
Oil Type
Carrier Corporation Copyright 2024 • Atlanta, GA, 30339

SUBJECT TO CHANGE WITHOUT NOTICE
716
Item5.

Outdoor Unit Heat Pump Ductless System
Outdoor Model: 37MARAQ18AA3
Job Data: Location:

Tag #: Carrier#:

Date:

NOTE: Images for illustration purposes only. Actual models may be slightly different.

Outdoor - Heat Pump
37MARAQ18AA3
18000
Voltage, Phase, Cycle V/Ph/Hz 208-230/1/60
MCA A. 18
MOPA A. 20
SCCR kA 5
Cooling Outdoor DB Min - Max °F(°C) -13~122(-25～50)
Heating Outdoor DB Min - Max °F(°C) -13~75(-25～24)
Min. Piping Length ft (m) 9.8 (3)
Standard Piping Length ft. (m) 24.6 (7.5)
Total Piping Length ft (m) 98.42(30)
Piping Lift*
ft (m) 65.62(20)
Pipe Connection Size - Liquid in (mm) 1/4in(6.35mm)
Pipe Connection Size - Suction in (mm) 1/2in(12.7mm)
R454B
Charge lbs (kg) 3(1.36)
Add'l Refrigerant (between Std & Max
Piping Lengths)
Oz/ft
(g/m) 0.16(15)
Capacity Unit W D H L1 L2 Face Area Sq. Ft. 5.9
mm 765 303 555 452.4 313.82 2
inch 30.12 11.93 21.85 17.81 12.36 20
mm 890 342 673 663 379.59 6
inch 35.04 13.46 26.5 26.1 14.94 ROTARY
mm 946 410 810 672.96 454.8 KSN140D58UFZ
inch 37.24 16.14 31.89 26.49 17.19 ESTER OIL
Oil Charge Fl. Oz. 14.88
Rated Current RLA 0.82
Airflow CFM 1766.8
Sound Pressure dB(A) 58
Height in (mm) 26.5(673)
Width in (mm) 35.04(890)
Depth in (mm) 13.46(342)
Net Weight lbs (kg) 92.59(42)
Shipping Height in (mm) 29.13(740)
Shipping Width in (mm) 39.17(995)
Shipping Depth in (mm) 15.67(398)
Shipping Net Weight lbs (kg) 100.31(45.5)
* Condensing unit above or below indoor unit
9K/12K
18K
24K ~ 36K
Outdoor Size
Outdoor Model #
Refrigerant
System
Electrical
Operating Range
Refrigerant Type

Piping

OUTDOOR UNIT DIMENSIONS
Dimensions
No. Rows
Fins per inch
Circuits
Type
Model
Outdoor Coil
Compressor
Airflow & Sound
Oil Type
Carrier Corporation Copyright 2024 • Atlanta, GA, 30339

SUBJECT TO CHANGE WITHOUT NOTICE
717
Item5.

Outdoor Unit Heat Pump Ductless System
Outdoor Model: 37MARAQ24AA3
Job Data: Location:

Tag #: Carrier#:

Date:

NOTE: Images for illustration purposes only. Actual models may be slightly different.

Outdoor - Heat Pump
37MARAQ24AA3
24000
Voltage, Phase, Cycle V/Ph/Hz 208-230/1/60
MCA A. 24
MOPA A. 25
SCCR kA 5
Cooling Outdoor DB Min - Max °F(°C) -13~122(-25～50)
Heating Outdoor DB Min - Max °F(°C) -13~75(-25～24)
Min. Piping Length ft (m) 9.8 (3)
Standard Piping Length ft. (m) 24.6 (7.5)
Total Piping Length ft (m) 164.04(50)
Piping Lift*
ft (m) 82.02(25)
Pipe Connection Size - Liquid in (mm) 3/8in(9.52mm)
Pipe Connection Size - Suction in (mm) 5/8in(15.9mm)
R454B
Charge lbs (kg) 4.41(2.0)
Add'l Refrigerant (between Std & Max
Piping Lengths)
Oz/ft
(g/m) 0.32(30)
Capacity Unit W D H L1 L2 Face Area Sq. Ft. 8.18
mm 765 303 555 452.4 313.82 2.6
inch 30.12 11.93 21.85 17.81 12.36 20
mm 890 342 673 663 379.59 6
inch 35.04 13.46 26.5 26.1 14.94 ROTARY
mm 946 410 810 672.96 454.8 KTM240D46UKT2
inch 37.24 16.14 31.89 26.49 17.19 ESTER OIL
Oil Charge Fl. Oz. 20.97
Rated Current RLA 1.05
Airflow CFM 2237.9
Sound Pressure dB(A) 58
Height in (mm) 31.89(810)
Width in (mm) 37.24(946)
Depth in (mm) 16.14(410)
Net Weight lbs (kg) 122.14(55.4)
Shipping Height in (mm) 34.84(885)
Shipping Width in (mm) 42.91(1090)
Shipping Depth in (mm) 19.68(500)
Shipping Net Weight lbs (kg) 132.28(60)
* Condensing unit above or below indoor unit
9K/12K
18K
24K ~ 36K
Outdoor Size
Outdoor Model #
Refrigerant
System
Electrical
Operating Range
Refrigerant Type

Piping

OUTDOOR UNIT DIMENSIONS
Dimensions
No. Rows
Fins per inch
Circuits
Type
Model
Outdoor Coil
Compressor
Airflow & Sound
Oil Type
Carrier Corporation Copyright 2024 • Atlanta, GA, 30339

SUBJECT TO CHANGE WITHOUT NOTICE
718
Item5.

High Wall Heat Pump Ductless System
Indoor Model:

Job Data: Location:

Tag #: Carrier#:

Date:

NOTE: Images for illustration purposes only. Actual models may be slightly different. 45MAHAQ12XA3
45MAHAQ12XA3
12000
Voltage, Phase, Cycle V/Ph/Hz 208/230-1-60
Power Supply
MCA A. 3
Cooling Indoor DB Min - Max °F(°C) 60~90(16～32)
Heating Indoor DB Min - Max °F(°C) 32~86(0～30)
Face Area Sq. Ft. 2.15
2 20
3 1100/850/700
Airflow (highest to lowest) CFM 441.4 / 323.7 / 229.6 / 176.6 / 147.2 Sound Pressure (highest to lowest) dB(A) 47/36.5/32.5/22/19.5 Moisture Removal L/h 1.2
Air Throw Data ft(m) 23.62(7.2)
Height in (mm) 11.61(295)
Capacity Unit W D H Width in (mm) 31.30(795)
mm 795 225 295 Depth in (mm) 8.86(225)
inch 31.3 8.86 11.61 Net Weight lbs (kg) 22.93(10.4)
mm 965 239 319 Shipping Height in (mm) 12.01(305)
inch 37.99 9.41 12.56 Shipping Width in (mm) 34.25(870) mm 1140 275 370 Shipping Depth in (mm) 14.57(370)
inch 44.88 10.83 14.57 Shipping Net Weight lbs (kg) 29.32(13.3)

CONTROLS
Standard
KSACN1401AAA
KSACN1201AAA
KSAIF0701AAA
KSAIC0601230
Wired Remote Control with Timer Function
Wi-Fi™ Kit High Wall
Dimensions
24V Mini Interface
Optional
Wired Remote Control 7 Day Programmable
Wireless Remote Controller (°F/°C Convertible)
45MAHAQ12XA3
Operating Range
Indoor Coil
Indoor Unit
Circuits
Fins per inch

INDOOR STANDARD FEATURES
• Modes: Cool, Heat, Dry, Fan, Auto
• Four fan speeds
• Sleep Mode
• Turbo Mode
• Follow Me (senses temperature at handheld remote)
• Auto-Restart function
• Quiet indoor operation
• Anti-corrosive fin coating
RESIDENTIAL APPLICATION LIMITED WARRANTY*
• Ten (10) years if properly registered within ninety (90) days after original installation, parts are warranted to the original purchaser for a period of ten (10) years. Otherwise, parts warranty is five (5) years.

Indoor Model #
System
Indoor Size
6K/9K/12K
Number of Fan Speeds
Indoor unit powered by outdoor unit
18K
24K ~ 36K

INDOOR UNIT DIMENSIONS
Electrical
No. Rows
Carrier Corporation Copyright 2024 • Atlanta, GA, 30339

SUBJECT TO CHANGE WITHOUT NOTICE
719
Item5.

High Wall Heat Pump Ductless System
Indoor Model:

Job Data: Location:

Tag #: Carrier#:

Date:

NOTE: Images for illustration purposes only. Actual models may be slightly different. 45MAHAQ18XA3
45MAHAQ18XA3
18000
Voltage, Phase, Cycle V/Ph/Hz 208/230-1-60
Power Supply
MCA A. 3
Cooling Indoor DB Min - Max °F(°C) 60~90(16～32)
Heating Indoor DB Min - Max °F(°C) 32~86(0～30)
Face Area Sq. Ft. 2.75
2 20
4 1190/994/896
Airflow (highest to lowest) CFM 635.7 / 500.3 / 359.0 / 294.3 / / Sound Pressure (highest to lowest) dB(A) 49.5/45.0/38.0/31.5/19.5 Moisture Removal L/h 2.2
Air Throw Data ft(m) 26.57(8.1)
Height in (mm) 12.56(319)
Capacity Unit W D H Width in (mm) 37.99(965)
mm 795 225 295 Depth in (mm) 9.41(239)
inch 31.3 8.86 11.61 Net Weight lbs (kg) 27.34(12.4)
mm 965 239 319 Shipping Height in (mm) 12.80(325)
inch 37.99 9.41 12.56 Shipping Width in (mm) 41.14(1045) mm 1140 275 370 Shipping Depth in (mm) 15.75(400)
inch 44.88 10.83 14.57 Shipping Net Weight lbs (kg) 36.6(16.6)

CONTROLS
Standard
KSACN1401AAA
KSACN1201AAA
KSAIF0701AAA
KSAIC0601230
Wired Remote Control with Timer Function
Wi-Fi™ Kit High Wall
Dimensions
24V Mini Interface
Optional
Wired Remote Control 7 Day Programmable
Wireless Remote Controller (°F/°C Convertible)
45MAHAQ18XA3
Operating Range
Indoor Coil
Indoor Unit
Circuits
Fins per inch

Indoor Model #
System
Indoor Size
6K/9K/12K
Number of Fan Speeds
Indoor unit powered by outdoor unit
18K
24K ~ 36K

INDOOR UNIT DIMENSIONS
Electrical
No. Rows
Carrier Corporation Copyright 2024 • Atlanta, GA, 30339

SUBJECT TO CHANGE WITHOUT NOTICE
720
Item5.

High Wall Heat Pump Ductless System
Indoor Model:

Job Data: Location:

Tag #: Carrier#:

Date:

NOTE: Images for illustration purposes only. Actual models may be slightly different. 45MAHAQ24XA3
45MAHAQ24XA3
24000
Voltage, Phase, Cycle V/Ph/Hz 208/230-1-60
Power Supply
MCA A. 3
Cooling Indoor DB Min - Max °F(°C) 60~90(16～32)
Heating Indoor DB Min - Max °F(°C) 32~86(0～30)
Face Area Sq. Ft. 3.6
3 20
7 1000/850/630
Airflow (highest to lowest) CFM 812.3 / 618.0 / 412.0 / 317.8 / / Sound Pressure (highest to lowest) dB(A) 54.5/43.5/38.5/27/16 Moisture Removal L/h 2.7
Air Throw Data ft(m) 30.1(9.18)
Height in (mm) 14.57(370)
Capacity Unit W D H Width in (mm) 44.88(1140)
mm 795 225 295 Depth in (mm) 10.83(275)
inch 31.3 8.86 11.61 Net Weight lbs (kg) 43.65(19.8)
mm 965 239 319 Shipping Height in (mm) 13.98(355)
inch 37.99 9.41 12.56 Shipping Width in (mm) 48.43(1230) mm 1140 275 370 Shipping Depth in (mm) 17.91(455)
inch 44.88 10.83 14.57 Shipping Net Weight lbs (kg) 55.56(25.2)

CONTROLS
Standard
KSACN1401AAA
KSACN1201AAA
KSAIF0701AAA
KSAIC0601230
Wired Remote Control with Timer Function
Wi-Fi™ Kit High Wall
Dimensions
24V Mini Interface
Optional
Wired Remote Control 7 Day Programmable
Wireless Remote Controller (°F/°C Convertible)
45MAHAQ24XA3
Operating Range
Indoor Coil
Indoor Unit
Circuits
Fins per inch

Indoor Model #
System
Indoor Size
6K/9K/12K
Number of Fan Speeds
Indoor unit powered by outdoor unit
18K
24K ~ 36K

INDOOR UNIT DIMENSIONS
Electrical
No. Rows
Carrier Corporation Copyright 2024 • Atlanta, GA, 30339

SUBJECT TO CHANGE WITHOUT NOTICE
721
Item5.

SUBMITTAL
Project
Climatec - City of Esc - Water Treatment Plant
Date
Saturday, April 12, 2025
Shawn Harlan
Sigler - Brea
205 Puente Street
Brea CA
722
Item5.

Table Of Contents
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
ID 1 3
Unit Report 4
Certified Drawing 5
Performance Summary 8
ID 6 11
Unit Report 12
Certified Drawing 13
Performance Summary 16
Packaged Rooftop Builder 1.79i Page 2 of 18723
Item5.

ID 1
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
ID 1
ID 1
Tag Cover Sheet
Unit Report
Certified Drawing
Performance Report
Packaged Rooftop Builder 1.79i Page 3 of 18 724
Item5.

Unit Report For ID 1
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
Unit Report
Unit Parameters
Unit Model: 50FEQM12A2Q6-0A0A0
Unit Size: 12 (10 Tons)
Volts-Phase-Hertz: 460-3-60
Heating Type: Heat Pump
Refrigerant: R-454B
Heat Control: Two-Stage Cooling, Single Circuit
Duct Cfg: Vertical Supply / Vertical Return
Dimensions (ft. in.) & Weight (lb.) ***
Unit Length: 7' 4.125''
Unit Width: 4' 11.5''
Unit Height: 4' 1.375''
Total Operating Weight: 971 lb
*** Weights and Dimensions are approximate. Weight does not include unit packaging. Approximate dimensions are
provided primarily for shipping purposes. For exact
dimensions and weights, refer to appropriate product
data catalog.

Lines and Filters
Return Air Filter Type: Throwaway
Return Air Filter Quantity: 4
Return Air Filter Size: 20 x 20 x 2
Selection includes construction throwaway filter into the base fan curve.

Unit Configuration
Standard/Medium Static - EcoBlue Vane Axial Fan
E-coat Al/Cu - E-coat Al/Cu - Louvered Hail Guards
Standard Electromechanical Controls (can be used with field installed economizers and dampers) Standard
Warranty Information
1-Year parts (STD.)
5-Year Compressor (std.)
No optional warranties were selected.

NOTE: Please see Warranty Catalog 500-089 for explanation of policies and ordering methods.

Ordering Information
Part Number Description Quantity
50FEQM12A2Q6-0A0A0 Rooftop Unit 1
Packaged Rooftop Builder 1.79i Page 4 of 18 725
Item5.

Certified Drawing for ID 1
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
Certified Drawing
Packaged Rooftop Builder 1.79i Page 5 of 18 726
Item5.

Certified Drawing for ID 1
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
Packaged Rooftop Builder 1.79i Page 6 of 18 727
Item5.

Certified Drawing for ID 1
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
Packaged Rooftop Builder 1.79i Page 7 of 18 728
Item5.

Performance Summary For ID 1
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
Performance Summary
Part Number:50FEQM12A2Q6-0A0A0
Refrigerant: R-454B
ARI EER: 11.00
Application EER (Rooftop Unit only): 10.70
IEER: 15.0
Base Unit Dimensions
Unit Length: 88.1 in
Unit Width: 59.5 in
Unit Height: 49.4 in
Operating Weight
Base Unit Weight: 955 lb
E-coat Al/Cu - E-coat Al/Cu - Louvered Hail Guards: 16 lb Total Operating Weight: 971 lb
Unit
Unit Voltage-Phase-Hertz: 460-3-60
Air Discharge: Vertical
Fan Drive Type: Vane Axial
Actual Airflow: 4000 CFM
Site Altitude: 0 ft
Cooling Performance
Condenser Entering Air DB: 95.0 F
Evaporator Entering Air DB: 80.0 F
Evaporator Entering Air WB: 67.0 F
Entering Air Enthalpy: 31.44 BTU/lb
Evaporator Leaving Air DB: 57.6 F
Evaporator Leaving Air WB: 56.9 F
Evaporator Leaving Air Enthalpy: 24.35 BTU/lb
Unit Discharge Air DB: 59.0 F
Unit Discharge Air WB: 57.5 F
Unit Discharge Air Enthalpy: 24.68 BTU/lb
Gross Cooling Capacity: 127.67 MBH
Net Cooling Capacity: 121.65 MBH
Gross Sensible Capacity: 96.60 MBH
Net Sensible Capacity: 90.58 MBH
Compressor Power Input: 9.01 kW
Coil Bypass Factor: 0.041
Heating Performance
Outdoor Ambient Temperature: 47.0 F
Entering Air Indoor Coil DB: 70.0 F
Leaving Air Indoor Coil DB: 96.4 F
Total Heating Capacity: 113.90 MBH
Integrated Heating Capacity: 113.90 MBH
Heating Power Input: 9.40 kW
High Temperature COP: 3.40
Low Temperature COP: 2.25
Supply Fan
External Static Pressure: 1.00 in wg
Fan RPM: 1812
Fan Power: 2.07 BHP
NOTE: Selected IFM RPM Range: 1181 - 2000
Selection includes construction throwaway filter into the base fan curve. This filter is not MERV Rated.

Electrical Data
Packaged Rooftop Builder 1.79i Page 8 of 18729
Item5.

Performance Summary For ID 1
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
Voltage Range: 414 - 506
Compressor #1 RLA: 8.3
Compressor #1 LRA: 58
Compressor #2 RLA: 8.3
Compressor #2 LRA: 58
Indoor Fan Motor Type: MED
Indoor Fan Motor FLA (Total): 3
Power Supply MCA: 30
Power Supply MOCP (Fuse or HACR): 35
Disconnect Size FLA: 31
Disconnect Size LRA: 127
Electrical Convenience Outlet: None
Outdoor Fan [Qty / FLA (ea)]: 1 / 7.4
Control Panel SCCR: 5kA RMS at Rated Symmetrical Voltage Acoustics
Sound Power Levels, db re 10E-12 Watts
Discharge Inlet Outdoor
63 Hz 94.0 56.6 88.1
125 Hz 88.5 83.1 90.0
250 Hz 83.5 76.6 85.9
500 Hz 81.3 73.4 83.0
1000 Hz 82.4 72.4 81.6
2000 Hz 79.4 67.8 78.5
4000 Hz 73.8 57.9 76.4
8000 Hz 65.4 50.0 75.5
A-Weighted 86.4 76.8 87.0
Advanced Acoustics
Advanced Accoustics Parameters

1. Unit height above ground: 30.0 ft

2. Horizontal distance from unit to receiver: 50.0 ft

3. Receiver height above ground: 5.7 ft

4. Height of obstruction: 0.0 ft

5. Horizontal distance from obstruction to receiver: 0.0 ft

6. Horizontal distance from unit to obstruction: 0.0 ft Detailed Acoustics Information
Octave Band Center Freq. Hz 63 125 250 500 1k 2k 4k 8k Overall A 88.1 90.0 85.9 83.0 81.6 78.5 76.4 75.5 94.0 Lw
Packaged Rooftop Builder 1.79i Page 9 of 18730
Item5.

Performance Summary For ID 1
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
B 61.9 73.9 77.3 79.8 81.6 79.7 77.4 74.4 87.0 LwA
C 55.7 57.6 53.5 50.6 49.2 46.1 44.0 43.1 61.6 Lp
D 29.5 41.5 44.9 47.4 49.2 47.3 45.0 42.0 54.6 LpA
Legend
A Sound Power Levels at Unit's Acoustic Center, Lw
B A-Weighted Sound Power Levels at Unit's Acoustic Center, LwA C Sound Pressure Levels at Specific Distance from Unit, Lp D A-Weighted Sound Pressure Levels at Specific Distance from Unit, LpA Calculation methods used in this program are patterned after the ASHRAE Guide; other ASHRAE Publications and the AHRI Acoustical Standards. While a very significant effort has been made to insure the technical accuracy of this program, it is assumed that the user is knowledgeable in the art of system sound estimation and is aware of the tolerances involved in real world acoustical estimation. This program makes certain assumptions as to the dominant sound sources and sound paths which may not always be appropriate to the real system being estimated. Because of this, no assurances can be offered that this software will always generate an accurate sound prediction from user supplied input data. If in doubt about the estimation of expected sound levels in a space, an Acoustical Engineer or a person with sound prediction expertise should be consulted. 600 RPM
800 RPM
1000 RPM
1200 RPM
1400 RPM
1600 RPM 1800 RPM 2000 RPM
2200 RPM

0.75 BHP

1.00 BHP

1.50 BHP

2.00 BHP

3.00 BHP

5.00 BHP
SC
RP
Fan Curve
SC - System Curve RP - Rated Point
RPM = 1812 BHP = 2.07 Maximum RPM = 2200 Maximum BHP = 5.00 Static Pressure (in. wg.)
Airflow (CFM - thousands)

0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 6.0

0.0 0.5

1.0 1.5

2.0 Packaged Rooftop Builder 1.79i Page 10 of 18731
Item5.

ID 6
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
ID 6
ID 6
Tag Cover Sheet
Unit Report
Certified Drawing
Performance Report
Packaged Rooftop Builder 1.79i Page 11 of 18732
Item5.

Unit Report For ID 6
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
Unit Report
Unit Parameters
Unit Model: 50GEQM05A2Q6-0A0A0
Unit Size: 05 (4 Tons)
Volts-Phase-Hertz: 460-3-60
Heating Type: Heat Pump
Refrigerant: R-454B
Heat Control: Two Stage Cooling, Single Circuit
Duct Cfg: Vertical Supply / Vertical Return
Dimensions (ft. in.) & Weight (lb.) ***
Unit Length: 6' 2.375''
Unit Width: 3' 10.625''
Unit Height: 3' 5.375''
Total Operating Weight: 607 lb
*** Weights and Dimensions are approximate. Weight does not include unit packaging. Approximate dimensions are
provided primarily for shipping purposes. For exact
dimensions and weights, refer to appropriate product
data catalog.

Lines and Filters
Return Air Filter Type: Throwaway
Return Air Filter Quantity: 4
Return Air Filter Size: 16 x 16 x 2
Selection includes construction throwaway filter into the base fan curve.

Unit Configuration
Standard/Medium Static - EcoBlue Vane Axial Fan
E-coat Al/Cu - E-coat Al/Cu - Louvered Hail Guards
Standard Electromechanical Controls (can be used with field installed economizers and dampers) Standard
Warranty Information
5-Year compressor parts (STD.)
1-Year parts (STD.)
No optional warranties were selected.

NOTE: Please see Warranty Catalog 500-089 for explanation of policies and ordering methods.

Ordering Information
Part Number Description Quantity
50GEQM05A2Q6-0A0A0 Rooftop Unit 1
Packaged Rooftop Builder 1.79i Page 12 of 18733
Item5.

Certified Drawing for ID 6
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
Certified Drawing
Packaged Rooftop Builder 1.79i Page 13 of 18734
Item5.

Certified Drawing for ID 6
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
Packaged Rooftop Builder 1.79i Page 14 of 18735
Item5.

Certified Drawing for ID 6
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
Packaged Rooftop Builder 1.79i Page 15 of 18736
Item5.

Performance Summary For ID 6
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
Performance Summary
Part Number:50GEQM05A2Q6-0A0A0
Refrigerant: R-454B
ARI SEER: 17.00
ARI SEER2: 16.00
Application EER (Rooftop Unit only): 12.12
Base Unit Dimensions
Unit Length: 74.4 in
Unit Width: 46.6 in
Unit Height: 41.4 in
Operating Weight
Base Unit Weight: 594 lb
E-coat Al/Cu - E-coat Al/Cu - Louvered Hail Guards: 13 lb Total Operating Weight: 607 lb
Unit
Unit Voltage-Phase-Hertz: 460-3-60
Air Discharge: Vertical
Fan Drive Type: Direct Drive
Actual Airflow: 1600 CFM
Site Altitude: 0 ft
Cooling Performance
Condenser Entering Air DB: 95.0 F
Evaporator Entering Air DB: 80.0 F
Evaporator Entering Air WB: 67.0 F
Entering Air Enthalpy: 31.44 BTU/lb
Evaporator Leaving Air DB: 58.4 F
Evaporator Leaving Air WB: 57.1 F
Evaporator Leaving Air Enthalpy: 24.48 BTU/lb
Unit Discharge Air DB: 59.6 F
Unit Discharge Air WB: 57.6 F
Unit Discharge Air Enthalpy: 24.76 BTU/lb
Gross Cooling Capacity: 50.11 MBH
Net Cooling Capacity: 48.05 MBH
Gross Sensible Capacity: 37.34 MBH
Net Sensible Capacity: 35.28 MBH
Compressor Power Input: 3.18 kW
Coil Bypass Factor: 0.000
Heating Performance
Outdoor Ambient Temperature: 47.0 F
Entering Air Indoor Coil DB: 70.0 F
Leaving Air Indoor Coil DB: 95.9 F
Total Heating Capacity: 44.80 MBH
Integrated Heating Capacity: 44.80 MBH
Heating Power Input: 3.60 kW
High Temperature COP: 3.80
Low Temperature COP: 2.50
HSPF: 7.2
High Temperature COP2: 3.80
Low Temperature COP2: 2.50
HSPF2: 7.2
Supply Fan
External Static Pressure: 1.00 in wg
Fan RPM: 1875
Fan Power: 0.71 BHP
Packaged Rooftop Builder 1.79i Page 16 of 18737
Item5.

Performance Summary For ID 6
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
NOTE: Selected IFM RPM Range: 1047 - 2170
Selection includes construction throwaway filter into the base fan curve. This filter is not MERV Rated.

Electrical Data
Voltage Range: 414 - 506
Compressor #1 RLA: 8.1
Compressor #1 LRA: 62
Indoor Fan Motor Type: MED
Indoor Fan Motor FLA (Total): 1.7
Power Supply MCA: 13
Power Supply MOCP (Fuse or HACR): 20
Disconnect Size FLA: 12
Disconnect Size LRA: 66
Electrical Convenience Outlet: None
Outdoor Fan [Qty / FLA (ea)]: 1 / 0.8
Control Panel SCCR: 5kA RMS at Rated Symmetrical Voltage Acoustics
Sound Power Levels, db re 10E-12 Watts
Discharge Inlet Outdoor
63 Hz 92.4 90.1 85.6
125 Hz 83.3 78.3 84.7
250 Hz 77.0 72.0 80.5
500 Hz 71.9 64.5 76.0
1000 Hz 68.4 66.6 72.4
2000 Hz 65.2 57.5 68.0
4000 Hz 62.5 51.6 62.8
8000 Hz 59.4 45.1 59.3
A-Weighted 75.8 71.2 79.0
Advanced Acoustics
Advanced Accoustics Parameters

1. Unit height above ground: 30.0 ft

2. Horizontal distance from unit to receiver: 50.0 ft

3. Receiver height above ground: 5.7 ft

4. Height of obstruction: 0.0 ft

5. Horizontal distance from obstruction to receiver: 0.0 ft

6. Horizontal distance from unit to obstruction: 0.0 ft Detailed Acoustics Information
Packaged Rooftop Builder 1.79i Page 17 of 18738
Item5.

Performance Summary For ID 6
Project: Climatec - City of Esc - Water Treatment Plant 04/12/2025 Prepared By: Shawn Harlan 11:49AM
Octave Band Center Freq. Hz 63 125 250 500 1k 2k 4k 8k Overall A 85.6 84.7 80.5 76.0 72.4 68.0 62.8 59.3 89.2 Lw
B 59.4 68.6 71.9 72.8 72.4 69.2 63.8 58.2 78.5 LwA
C 53.2 52.3 48.1 43.6 40.0 35.6 30.4 26.9 56.8 Lp
D 27.0 36.2 39.5 40.4 40.0 36.8 31.4 25.8 46.1 LpA
Legend
A Sound Power Levels at Unit's Acoustic Center, Lw
B A-Weighted Sound Power Levels at Unit's Acoustic Center, LwA C Sound Pressure Levels at Specific Distance from Unit, Lp D A-Weighted Sound Pressure Levels at Specific Distance from Unit, LpA Calculation methods used in this program are patterned after the ASHRAE Guide; other ASHRAE Publications and the AHRI Acoustical Standards. While a very significant effort has been made to insure the technical accuracy of this program, it is assumed that the user is knowledgeable in the art of system sound estimation and is aware of the tolerances involved in real world acoustical estimation. This program makes certain assumptions as to the dominant sound sources and sound paths which may not always be appropriate to the real system being estimated. Because of this, no assurances can be offered that this software will always generate an accurate sound prediction from user supplied input data. If in doubt about the estimation of expected sound levels in a space, an Acoustical Engineer or a person with sound prediction expertise should be consulted. 700 RPM
900 RPM
1100 RPM
1300 RPM
1500 RPM1700 RPM
1900 RPM
2100 RPM 2300 RPM 2500 RPM

0.50 BHP

0.75 BHP

1.00 BHP

1.50 BHP
SC
RP
Fan Curve
SC - System Curve RP - Rated Point
RPM = 1875 BHP = 0.71 Maximum RPM = 2660 Maximum BHP = 3.00 Static Pressure (in. wg.)
Airflow (CFM - thousands)

0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0

0.0 0.2

0.4 0.6

0.8 1.0

1.2 1.4

1.6 1.8

2.0 Packaged Rooftop Builder 1.79i Page 18 of 18739
Item5.
v22 ©AlsoEnergy, Inc / 5400 Airport Bvd. Ste. 100 Boulder, CO 80301 USA / 866.303.5668 [email protected] Standardized PLCS 600 includes:

Data
sheet
• DataLogger with LCD touchscreen display
• Revenue grade energy meter compatible with all 5A CTs (sold separately)
• Three weather station choices may add data for
irradiance, back-of-module panel temperature, ambient
temperature, and wind speed
• 5-port Ethernet switch
• NEMA4 weatherproof enclosure
• 4G cell modem (requires a cellular plan)
PowerLogger Commercial
Solution 600
AlsoEnergy’s vertically-integrated, edge-to-cloud platform includes a convenient standardized hardware monitoring solution for small to mid-sized commercial PV systems. The PLCS 600 combines our standard commercial datalogger with a revenue grade meter, a weatherproof NEMA 4 enclosure, and other supporting hardware. The PLCS 600 is recommended for 3-phase systems with up to 20 external inverters. Performance data is uploaded to PowerTrack, AlsoEnergy’s flagship cloud-based application for monitoring, managing, and optimizing energy and financial performance of clean energy assets. • Up to 20 external inverters
• Modbus via RS-485 or TCP connections to inverters
• 4G cellular connectivity
• Remote firmware updates
• Up to 1-minute data granularity
• Uploads at 5-minute intervals
• Suitable for demand meter, relay, other non-PV use cases • For systems with a single metering point; direct metering or PT secondary voltage up to 600VAC
• Satisfies reporting requirements for most US electricity sector agencies
• All parts except weather sensors and cell modem covered with standard AlsoEnergy 5-year warranty
• Supported on PowerTrack only engineering & project
management teams
Solution features
740
Item5.
v22 ©AlsoEnergy, Inc / 5400 Airport Bvd. Ste. 100 Boulder, CO 80301 USA / 866.303.5668 [email protected] Data
sheet
PLCS 600 Options
PLCS-600-CM-BASE + cell modem, + reference cell, BOM panel temperature PLCS-600-CM-PLUS + cell modem, + reference cell, BOM panel temperature, ambient temperature, wind speed
PLCS-600-CM-PRO +Class C pyranometer
Datalogger Devices supported Up to 40 connected Modbus RTU enabled devices (20 per rs485 port) / Recommended limit 32
Storage Removable 2GB industrial rated micro SD card
Serial RS-485 with integrated 120 ohm termination resistor Primary protocols Modbus TCP, Modbus RTU, most proprietary inverter protocols Touch screen Color, resistive touch screen 2" by 2.75"
Warranty Standard 5-year warranty
Meter Voltage inputs 90-600VAC
Accuracy Meter 0.2% (see CT datasheet for CT accuracy information) CTs Any CT with 5A secondary current ratio (sold separately) CT accuracy Refer to CT datasheet
Warranty Standard 5-year warranty
Assembly Enclosure dimensions 15.7" x 15.7" x 7.9" (400mm x 400mm x 200mm) Enclosure rating NEMA4
Operating temperature -13° to 158°F (-25° to 70°C), <95% relative humidity non-condensing Power supply 120-277VAC
Communication ports Three available 10/100 Ethernet ports, two half-duplex rs485 ports Regulatory UL listed 508A
Specifications
741
Item5.
v22 ©AlsoEnergy, Inc / 5400 Airport Bvd. Ste. 100 Boulder, CO 80301 USA / 866.303.5668 [email protected] Data
sheet
Back of
module panel
temperature
sensor
(Included with Base,
Plus, and Pro weather
station options)
Form 3m cable with 3-pin connector compatible with paired reference cell - sensor cable cannot be extended
Sensor type PT1000 Class A
Mounting Self-adhesive for attaching to a solar module
Warranty 1 year against defects in materials and workmanship Ambient
temperature
sensor
(Included with Plus
and Pro weather
station options)
Voltage inputs 90-600VAC
Accuracy Meter 0.2% (see CT datasheet for CT accuracy information) CTs Any CT with 5A secondary current ratio (sold separately) Warranty Standard 5-year warranty
Class C
pyranometer
(Included with Pro
weather station
option)
Form ISO 9060 Spectrally Flat Class C (Second Class) Pyranometer Communication RS-485 / Modbus
Mount/Set up Ball-level tube mount/10 Meter, M12-A Cable Warranty Manufacturer’s 5-year warranty
Cell modem Cellular data 4G LTE
Warranty 1 year
Wind speed
sensor
(Included with Plus
and Pro weather
station options)
Form Cup star anemometer with 5m 2-pin connector compatible with paired reference cell
Sensor type Reed relay
Mounting Mounting bracket for pole or surface mounting included Accuracy 0.5 m/s or 5% of reading
Sensor range 0.9 – 40m/s (2 – 90 mph)
Warranty 1 year against defects in materials and workmanship Irradiance
sensor
(Included with
Base, Plus, and
Pro weather station
options)
Irradiance sensor type Monocrystalline Silicon reference cell with mounting bracket and 3m twisted pair shielded cable
Absolute accuracy ±5W/m2 ± 2.5% of reading
Dimensions 3.34" W x 6.10" H x 1.54" D | (85mm x 155mm x 39mm) Warranty 1 year against defects in materials and workmanship 742
Item5.

ChargePoint® CP6000 AC Commercial Station
Specifications and Ordering Information
Dual port, pedestal mount, 18 ft cable
743
Item5.

ChargePoint, Inc. | Copyright © 2024
ChargePoint, Inc. reserves the right to alter product offerings and specifications at any time without notice, and is not responsible for typographical or graphical errors that may appear in this document. 2 Ordering Information
The order codes below represent specific product configurations. Please contact ChargePoint Sales for additional information. Specify model number followed by the applicable code(s).

The order code sequence is Model-Options. Software, Services and Other are ordered as separate line items.

Hardware: Station Model
Description Order Code
80 A Dual port, pedestal mount, 18 ft cable CP6021B-80A-L5.5 80 A Single port, pedestal mount, 18 ft cable CP6011B-80A-L5.5 80 A Dual port, pedestal mount, 18 ft cable,
EMV
chip reader
CP6021B-80A-L5.5-CHIP
80 A Single port, pedestal mount, 18 ft cable,
EMV chip reader
CP6011B-80A-L5.5-CHIP
50 A Dual port, pedestal mount, 18 ft cable CP6021B-50A-L5.5 50 A Single port, pedestal mount, 18 ft cable CP6011B-50A-L5.5 50 A Dual port, pedestal mount, 18 ft cable,
EMV chip reader
CP6021B-50A-L5.5-CHIP
50 A Single port, pedestal mount, 18 ft cable,
EMV chip reader
CP6011B-50A-L5.5-CHIP
80 A Dual port, wall mount, 18 ft cable CP6023B-80A-L5.5 80 A Single port, wall mount, 18 ft cable CP6013B-80A-L5.5 80 A Dual port, wall mount, 18 ft cable, EMV
chip reader
CP6023B-80A-L5.5-CHIP
80 A Single port, wall mount, 18 ft cable, EMV
chip reader
CP6013B-80A-L5.5-CHIP
50 A Dual port, wall mount, 18 ft cable CP6023B-50A-L5.5 50 A Single port, wall mount, 18 ft cable CP6013B-50A-L5.5 50 A Dual port, wall mount, 18 ft cable, EMV
chip
CP6023B-50A-L5.5-CHIP
744
Item5.

ChargePoint, Inc. | Copyright © 2024
ChargePoint, Inc. reserves the right to alter product offerings and specifications at any time without notice, and is not responsible for typographical or graphical errors that may appear in this document. 3 reader
50 A Single port, wall mount, 18 ft cable, EMV
chip reader
CP6013B-50A-L5.5-CHIP
80 A Dual port, pedestal mount, 23 ft cable CP6021B-80A-L7 80 A Single port, pedestal mount, 23 ft cable CP6011B-80A-L7 80 A Dual port, pedestal mount, 23 ft cable,
EMV chip reader
CP6021B-80A-L7-CHIP
80 A Single port, pedestal mount, 23 ft cable,
EMV
chip reader
CP6011B-80A-L7-CHIP
50 A Dual port, pedestal mount, 23 ft cable CP6021B-50A-L7 50 A Single port, pedestal mount, 23 ft cable CP6011B-50A-L7 50 A Dual port, pedestal mount, 23 ft cable,
EMV chip reader
CP6021B-50A-L7-CHIP
50 A Single port, pedestal mount, 23 ft cable,
EMV chip reader
CP6011B-50A-L7-CHIP
80 A Dual port, wall mount, 23 ft cable CP6023B-80A-L7
80 A Single port, wall mount, 23 ft cable CP6013B-80A-L7 80 A Dual port, wall mount, 23 ft cable, EMV
chip reader
CP6023B-80A-L7-CHIP
80 A Single port, wall mount, 23 ft cable, EMV
chip
reader
CP6013B-80A-L7-CHIP
50 A Dual port, wall mount, 23 ft cable CP6023B-50A-L7
50 A Single port, wall mount, 23 ft cable CP6013B-50A-L7 50 A Dual port, wall mount, 23 ft cable, EMV
chip reader
CP6023B-50A-L7-CHIP
50 A Single port, wall mount, 23 ft cable, EMV
chip
reader
CP6013B-50A-L7-CHIP
745
Item5.

ChargePoint, Inc. | Copyright © 2024
ChargePoint, Inc. reserves the right to alter product offerings and specifications at any time without notice, and is not responsible for typographical or graphical errors that may appear in this document. 4 80 A Dual port, pedestal mount, 18 ft cable,
Omni Port (enables J1772 and/or NACS vehicle
charging)
CP6621B-80A-L5.5
80 A Single port, pedestal mount, 18 ft cable,
Omni Port (enables J1772 and/or NACS vehicle
charging)
CP6611B-80A-L5.5
50 A Dual port, pedestal mount, 18 ft cable,
Omni Port (enables J1772 and/or NACS vehicle
charging)
CP6621B-50A-L5.5
50 A Single port, pedestal mount, 18 ft cable,
Omni Port (enables J1772 and/or NACS vehicle
charging)
CP6611B-50A-L5.5
80 A Dual port, wall mount, 18 ft cable, Omni
Port (enables J1772 and/or NACS vehicle
charging)
CP6623B-80A-L5.5
80 A Single port, wall mount, 18 ft cable, Omni
Port (enables J1772 and/or NACS vehicle
charging)
CP6613B-80A-L5.5
50 A Dual port, wall mount, 18 ft cable, Omni
Port (enables J1772 and/or NACS vehicle
charging)
CP6623B-50A-L5.5
50 A Single port, wall mount, 18 ft cable, Omni
Port (enables J1772 and/or NACS vehicle
charging)
CP6613B-50A-L5.5
80 A Dual port, pedestal mount, 23 ft cable,
Omni Port (enables J1772 and/or NACS vehicle
charging)
CP6621B-80A-L7
80 A Single port, pedestal mount, 23 ft cable,
Omni Port (enables J1772 and/or NACS vehicle
charging)
CP6611B-80A-L7
50 A Dual port, pedestal mount, 23 ft cable,
Omni Port (enables J1772 and/or NACS vehicle
charging)
CP6621B-50A-L7
50 A Single port, pedestal mount, 23 ft cable,
Omni Port (enables J1772 and/or NACS vehicle
charging)
CP6611B-50A-L7
746
Item5.

ChargePoint, Inc. | Copyright © 2024
ChargePoint, Inc. reserves the right to alter product offerings and specifications at any time without notice, and is not responsible for typographical or graphical errors that may appear in this document. 5 80 A Dual port, wall mount, 23 ft cable, Omni
Port (enables J1772 and/or NACS vehicle
charging)
CP6623B-80A-L7
80 A Single port, wall mount, 23 ft cable, Omni
Port (enables J1772 and/or NACS vehicle
charging)
CP6613B-80A-L7
50 A Dual port, wall mount, 23 ft cable, Omni
Port (enables J1772 and/or NACS vehicle
charging)
CP6623B-50A-L7
50 A Single port, wall mount, 23 ft cable, Omni
Port (enables J1772 and/or NACS vehicle
charging)
CP6613B-50A-L7
Hardware: Other
Description Order Code
Pedestal Concrete Mounting Kit CP6K-CMT-NA
CP6000 Dual Port Omni Port Conversion Kit CP6000-DUAL-J1772-NACS-OMNI-CONV-KIT CP6000 Single Port Omni Port Conversion Kit CP6000-SINGLE-J1772-NACS-OMNI-CONV-KIT Software and Services
Description Order Code
ChargePoint Enterprise Plan CPCLD-ENTERPRISE-n*
ChargePoint Fleet Commercial CPCLD-COMMERCIAL-n*
ChargePoint Assure CP6000-ASSURE-n*
ChargePoint Installation CP6000-INSTALL-COMMISSIONING
Note: All CP6000 stations require a network service plan per port. *Substitute n for desired years (1, 2, 3, 4 or 5 years) 747
Item5.

ChargePoint, Inc. | Copyright © 2024
ChargePoint, Inc. reserves the right to alter product offerings and specifications at any time without notice, and is not responsible for typographical or graphical errors that may appear in this document. 8 General Specifications
Electrical Input
The CP6000 AC Commercial Station supports flexible electrical input/output settings up to 80 A to fit your fueling needs, whether for a workplace, multi-family dwelling, or other application.

Power Select allows stations to be installed and configured for current lower than the maximum 80 A.

Power Select current options include 16 A, 24 A, 32 A, 40 A, 48 A, 50 A, 56 A, 64 A, and 72 A.

Power Share allows a dual-port station to share power from a single circuit across two ports, adjusting power depending on whether one or both are charging. Standard wiring uses an independent circuit for each port. Power Share can be used in combination with Power Select.

Station Electrical
Input
Single Port
(AC Voltage 208 / 240 V AC)
Dual Port
(AC Voltage 208 / 240 V AC)
Input
Current
Input
Power
Connection
Required
Service
Panel
Breaker
Input
Current
Input Power
Connection
Required
Service
Panel
Breaker
80 A Maximum
80 A
(Standard)
80 A One 100 A
branch
circuit
100 A
dual pole
(nonGFCI)
80 A x
2 Two
independent
100 A
branch
circuits
100 A
dual pole
(non
GFCI) x 2
Maximum
80 A
(Power
Share*)
N/A N/A N/A 80 A One 100 A
branch
circuit
100 A
dual pole
(non
GFCI)
Power
Select**
16 A – 72
A
(Standard)
16 A -
72 A
One
branch
circuit
rated
125% of
input
current (20
A – 90 A)
Dual pole
(nonGFCI)
rated
125% of
input
current (20
A – 90 A)
16 A -
72 A x
2 Two
independent
branch
circuits
rated 125%
of input
current (20
A – 90 A)
Dual pole
(nonGFCI)
rated
125% of
input
current
(20 A – 90
A) x 2
Power
Select 16
A
N/A N/A N/A 16 A -
72 A
One branch
circuit rated
125% of
Dual pole
(nonGFCI)
750
Item5.

ChargePoint, Inc. | Copyright © 2024
ChargePoint, Inc. reserves the right to alter product offerings and specifications at any time without notice, and is not responsible for typographical or graphical errors that may appear in this document. 9 - 72 A
(Power
Share)
input
current (20
A – 90 A)
rated
125% of
input
current (20
A – 90 A)
50 A Maximum
50 A
(Standard)
50 A One 70 A
branch
circuit
70 A dual
pole (nonGFCI)
50 A x
2 Two
independent
70 A branch
circuits
70 A dual
pole (non
GFCI) x 2
Maximum
50 A
(Power
Share*)
N/A N/A N/A 80 A One 70 A
branch
circuit
70 A dual
pole (non
GFCI)
Power
Select**
16 A – 48
A
(Standard)
16 A -
48 A
One
branch
circuit
rated
125% of
input
current (20
A – 60 A)
Dual pole
(nonGFCI)
rated
125% of
input
current
(20 A- 60
A)
16 A -
48 A x
2 Two
independent
branch
circuits
rated 125%
of input
current (20
A – 60 A)
Dual pole
(nonGFCI)
rated
125% of
input
current
(20 A – 60
A) x 2
Power
Select 16
A
- 48 A
(Power
Share)
N/A N/A N/A 16 A -
48 A
One branch
circuit rated
125% of
input
current (20
A – 60 A)
Dual pole
(nonGFCI)
rated
125% of
input
current
(20 A – 60
A)
Service Panel/Breaker
GFCI
Do not provide external GFCI as it may conflict with internal GFCI (CCID) Wiring – Standard 3-wire (L1, L2, Earth) No neutral 5-wire (L1, L1, L2, L2, Earth) Wiring – Power Share N/A 3-wire (L1, L2, Earth)
Station Power 8 W typical (standby), 15 W maximum (operation) 751
Item5.

ChargePoint, Inc. | Copyright © 2024
ChargePoint, Inc. reserves the right to alter product offerings and specifications at any time without notice, and is not responsible for typographical or graphical errors that may appear in this document. 10 Line to Ground Voltage 120 V +/- 10%
Electrical Output for 80A Station
Electrical Output Single Port
(AC Voltage 208 / 240 V
AC)
Dual Port
(AC Voltage 208 / 240 V
AC)
Maximum 80 A (Standard) 19.2 kW (240 V AC @ 80A) 19.2 kW (240 V AC @ 80 A) Maximum 80 A (Power Share) N/A 19.2 kW (240V AC @ 80A) x 1 or

9.6 kW (240V AC @ 40A) x 2
Power Select 16A - 72A
(Standard)

3.8 kW - 17.3 kW (240V AC @
16A - 72A)

3.8 kW - 17.3 kW (240V AC @
16A - 72A) x 2
Power Select 16A - 72A (Power
Share)
N/A 3.8 kW - 17.3 kW (240V AC @
16A - 72A) x 1
or

1.9 kW - 8.6 kW (240V AC @
8A
- 36A) x 2
Electrical Output for 50A Station
Electrical Output Single Port
(AC Voltage 208 / 240 V
AC)
Dual Port
(AC Voltage 208 / 240 V
AC)
Maximum 50A (Standard) 12.0 kW (240V AC @ 50A) 12.0 kW (240V AC @ 50A) Maximum 50A (Power Share) N/A 12.0 kW (240V AC @ 50A) x 1 or

6.0 kW (240V AC @ 25A) x 2
Power Select 16A - 48A
(Standard)

3.8 kW - 11.5 kW (240V AC @
16A - 48A)

3.8 kW - 11.5 kW (240V AC @
16A - 48A) x 2
N/A 3.8 kW - 11.5 kW (240V AC @
752
Item5.

1.9 kW - 5.8 kW (240V AC @
8A
- 24A) x 2
Mounting and Functional Interfaces
Connector Type J1772, NACS (Omni Port)
Number of Ports Single, dual
Mounting Pedestal, wall
Cable Length 18 ft (5.5 m), 23 ft (7 m)
Cable Management Yes
Authentication and Payment
RFID: ISO 15693, ISO 14443, NEMA EVSE 1.2-2015 (UR)
Virtual RFID NFC (Tap to Charge)
Contactless credit card
Virtual Contactless credit card Apple Pay / Google Pay
EMV chip credit card (available on -CHIP models only)
Remote: Mobile App and In Vehicle Dash (if supported by vehicle) Locking Holster Yes
ISO 15118 Protocol Supported by hardware
Display
Full color 8-inch interactive display with full motion video, UV protection, gesture touch controls, and multi-language support Safety and Connectivity Features
Ground Fault Detection 20 mA CCID with auto retry
Open Safety Ground Detection Continuously monitors presence of safety (green wire) ground connection
Plug-Out Detection Power terminated per SAE J1772 specifications Energy Measurement Meter accuracy 1%
Accuracy class 2.0
753
Item5.

ChargePoint, Inc. | Copyright © 2024
ChargePoint, Inc. reserves the right to alter product offerings and specifications at any time without notice, and is not responsible for typographical or graphical errors that may appear in this document. 12 Acceptance tolerance 1.0%
Power Report/Store Interval 15-minute interval aligned to hour. Responsive to load management signals.

Local Area Network Wi-Fi 2.4 GHz and 5GHz (802.11 a/n/b/g) Wide Area Network LTE Category 4
Network Communication
Protocol
OCPP 2.0.1
Ethernet connection Capable with accessory
Safety and Operational Ratings
Station Enclosure Rating Type 3R per UL 50E
Safety and Compliance UL and cUL listed; complies with UL 2594, UL 2231-1, UL 2231-2, and NEC Article 625
Energy Star

NTEP/CTEP
Station Surge Protection 6 kV @ 3,000 A. In geographic areas subject to frequent thunderstorms, supplemental surge protection at the service panel is recommended.

Short Circuit Current Rating 5 kA
EMC Compliance FCC Part 15 Class B
Operating Temperature -40°C to 50°C (-40°F to 122°F)
Non-Operating Temperature -40°C to 60°C (-40°F to 140°F) Terminal Block Temperature
Rating
105°C (221°F)
Operating Humidity Up to 85% @ 50°C (122°F) non-condensing Non-Operating Humidity Up to 95% @ 50°C (122°F) non-condensing Other Specifications
Weight Wall Mount: 68 kg (150 lb)
754
Item5.

ChargePoint, Inc. | Copyright © 2024
ChargePoint, Inc. reserves the right to alter product offerings and specifications at any time without notice, and is not responsible for typographical or graphical errors that may appear in this document. 13 Pedestal Mount: 77 kg (170 lb)
Warranty Limited 2-Year Parts Warranty
FHWA Buy American compliant options available
Contact Us
ChargePoint, Inc.
240 East Hacienda Avenue
Campbell, CA 95008-6617 USA
+1.408.841.4500 or
+1.877.370.3802 US and Canada toll-free
Visit chargepoint.com
Call +1.408.705.1992
Email [email protected]
755
Item5.

ChargePoint, Inc. | Copyright © 2024
ChargePoint, Inc. reserves the right to alter product offerings and specifications at any time without notice, and is not responsible for typographical or graphical errors that may appear in this document. 14 Copyright © 2024 ChargePoint, Inc. All rights reserved. CHARGEPOINT is a U.S. registered trademark/service mark, and an EU registered logo mark of ChargePoint, Inc. All other products or services mentioned are the trademarks, service marks, registered trademarks or registered service marks of their respective owners. August 2024 756
Item5.

SOLECTRIA® PVI-36TL-480-V2
3 - P H A S E T R A N S F O R M E R L E S S

COMMERCIAL STRING INVERTERS
The PVI-36TL-480-V2 is the new generation of 36kW transformerless inverters from Yaskawa Solectria Solar that are IEEE 1547-2018 compliant. It comes standard with AC and DC disconnects, three MPPTs, and a wiring box with 15 fuse positions.

This updated inverter is improved for rooftop PV systems. Module-Level Rapid shutdown (MLRSD) wirebox models provide PV Rapid Shutdown System (PVRSS) compliance and include a built-in SunSpec compliant powerline communication transmitter.

Rapid-shutdown-ready wireboxes provide compatibiity with APsmart rapid shutdown products.

Yaskawa Solectria Solar’s PVI-36TL-480-V2 inverters, including standard wireboxes and the rapid-shutdown ready wirebox models, provides flexibility and convenience unmatched in the industry.

Yaskawa Solectria
Solar’s PVI-36TL-480-V2
are transformerless
3-phase inverters, ideal
for rooftops, carports
and ground-mount PV
systems.

F E AT U R E S
• Certified to IEEE 1547-2018
and UL 1741SB
• Wirebox models with builtin SunSpec compliant
transmitters for Module-Level
Rapid Shutdown for simple,
safe NEC compliance
• UL Listed as a PV Rapid
Shutdown System with
APsmart
• Integrated UL-listed Arc-Fault
protection
• 15-90° mounting angle
allows low-profile rooftop
installations
• 3 MPPT’s with 5 inputs each
for PV array flexibility
• Industry-leading DC/AC
ratio of 1.7
• Integrated AC and DC
disconnects
• Remote firmware upgrades
and diagnostics
• NEMA 4X outdoor rated
enclosure with proven
performance
• Copper and Aluminum
compatible AC connections
• Compatible with Bifacial PV
Modules

OPTIONS
• Shade cover
• DC fuse bypass
• Web-based monitoring
Standard
Wirebox
• 20A fuses,
both polarities
• No built-in PVRSS
transmitter
Module-Level Rapid
Shutdown Wireboxes
• 20A fuses; positive
polarity only
• Built-in PVRSS transmitter
• Compatible with APsmart
module-level rapid shutdown
devices
757
Item5.

PVI-36TL-480-V2 TECHNICAL DATA

S P E C I F I C AT I O N S
Yaskawa Solectria Solar 1-978-683-9700 | Email: [email protected] | solectria.com Document No. FL.PVI36TL480V2.01 | 07/17/2024 | © 2022 Yaskawa America, Inc.

Inverter Model PVI-36TL-480-V2
DC Input
Maximum PV Power 61.2 kW (22.4 kW per MPPT)
Maximum Input Voltage 1000 VDC
DC Voltage Ranges: Operating/Max. Power (MPPT) 200-950 VDC / 400-850 VDC Start-up DC Input Voltage/Power 330 V / 80 W
Number of MPPT Trackers/Inputs 3 Trackers / 5 Fused-inputs each Maximum Available PV Current (Isc x 1.25) 204 A (68 A per MPPT) DC Surge Protection Type II MOV, 2800 VC , 20 kA ITM (8/20 ms) AC Output
Rated AC Real Power/Apparent Power/Output Current 36 kW / 36 kVA / 43.5 A Nominal Output Voltage/Range 480 VAC / -12% to +10%
Nominal Output Frequency/Range 60 Hz / 57-63 Hz
Power Factor Unity, > 0.99 (Adjustable 0.8 leading to 0.8 lagging) Fault Current Contribution (1 Cycle RMS) 73.2 A (1.68 PU) Total Harmonic Distortion (THD) @ Rated Load < 3%
Grid Connection Type 3-Ph/PE/N (neutral conductor optional) Maximum OCPD Device 125 A
AC Surge Protection Type II MOV, 1500 VC , 15 kA lTM (8/20 µs) Efficiency
Peak Efficiency 98.8%
CEC Efficiency 97.5%
Tare Loss < 3 W
Environment
Ambient Temperature Range -22°F to +140°F (-30°C to +60°C) Storage Temperature Range No low temp minimum to +158°F (+70°C) Relative Humidity (non-condensing) 0-100%
Operating Altitude 13,123.4 ft (4,000 m) Derating occurs from 9,842.5 ft (3,000 m) Communications
Modbus Protocol Proprietary / SunSpec
SolrenView Web-Based Monitoring Service Optional
Revenue Grade Metering Optional, External
Communication Interface RS-485 Modbus RTU
Remote Firmware Upgrades Ethernet Network Card required Remote Diagnostics Ethernet Network Card required
Safety
Certifications and Standards UL1741-SA/SB Ed. 3, UL1699B, CSA-C22.2 NO.107.1-01, IEEE1547-2018; FCC PART15, UL 1998
Selectable Grid Standards IEEE 1547-2014, IEEE 1547a-2018, CA Rule 21, ISO-NE, HECO Smart Grid Features Volt-RideThru, Freq-RideThru, Ramp-Rate, Specified-PF, Volt-VAr, Freq-Watt, Volt-Watt
Warranty Standard Limited Warranty 10 Years
Mechanical
Acoustic Noise Rating < 60 dBA @ 1 m and 25°C
AC/DC Disconnect Standard, fully-integrated, load break rated Mounting Angle* 15° - 90° from horizontal
Weight Inverter: 123.5 lbs (56 kg); Wiring Box: 33 lbs (15 kg) Enclosure Rating and Finish NEMA Type 4X; Polyester Powder Coated Aluminum Dimensions (H x W x D)
Power Head: 22.7” x 23.6” x 10.24” (576 mm x 600 mm x 260 mm) Wirebox: 16.7” x 23.6” x 10.24” (424 mm x 600 mm x 260 mm) Overall: 39.4” x 23.6” x 10.24” (1000 mm x 600 mm x 260 mm) * Shade cover accessory required for installation of 75° or less ** Yaskawa Solectria Solar does not supply optional fuses sizes Wirebox Specifications
Wirebox Fused Inputs 15 Fused Positions (5 Positions per MPPT) 20 A Included (25, 30 A accepted)** Wirebox
Versions
Standard PVI-36-50-60-WB-S
(both polarities fused) No MLRSD transmitter included
APsmart Transmitter Built-in PVI-36-50-60-WB-AP
(only positive polarity fused)
MLRSD compatitility:

APsmart RSD-S and RSD-D
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SOLECTRIA®
PVI-50TL-480 / PVI-60TL-480
3 - P H A S E T R A N S F O R M E R L E S S

COMMERCIAL STRING INVERTERS
The PVI-50TL-480 and PVI-60TL-480 come standard with AC and DC disconnects, three MPPTs, and a wiring box with 15 fuse positions.

For rooftop PV systems, both Module-Level Rapid shutdown (MLRSD) wirebox models provide PV Rapid Shutdown System (PVRSS) compliance and include a built-in SunSpec compliant powerline communication transmitter.

Rapid-shutdown-ready wireboxes provide compatibiity with APsmart rapid shutdown products.

Yaskawa Solectria Solar’s family of PVI-50/60TL-480 inverters, including standard wireboxes and the rapid-shutdown ready wirebox models, provides flexibility and convenience unmatched in the industry.

Yaskawa Solectria
Solar’s PVI-50TL-480
and PVI-60TL-480
are transformerless
3-phase inverters, ideal
for rooftops, carports
and ground-mount
PV systems

F E AT U R E S
• Certified to IEEE 1547-2018
and UL 1741SB
• Dual rated listing allows
selection of either 50/60 kVA
(factory default) or 55/66
kVA (allowing full rated power
down to ±0.91 PF)
• Wirebox models with builtin SunSpec compliant
transmitters for Module-Level
Rapid Shutdown for simple,
safe NEC compliance
• UL Listed as a PV Rapid
Shutdown System with
APsmart
• Integrated UL-listed Arc-Fault
protection
• 15-90° mounting angle
allows low-profile rooftop
installations
• 3 MPPT’s with 5 inputs each
for PV array flexibility
• Industry-leading DC/AC ratio
of 1.8 (50TL) and 1.5 (60TL)
• Integrated AC and DC
disconnects
• Remote firmware upgrades
and diagnostics
• NEMA 4X outdoor-rated
enclosure with proven
performance
• Copper and Aluminum
compatible AC connections
• Compatible with Bifacial PV
Modules

PVI-50TL-480 / PVI-60TL-480 TECHNICAL DATA

S P E C I F I C AT I O N S
Yaskawa Solectria Solar 1-978-683-9700 | Email: [email protected] | solectria.com Document No. FL.PVI5060TL.01 | 07/17/2024 | © 2021 Yaskawa America, Inc..

Inverter Model
(Listing File Name)
PVI-50TL-480
(PVI 50TL-480)
PVI-60TL-480
(PVI 60TL-480)
DC Input
Maximum PV Power 90 kW (33 kW per MPPT) 90 kW (33 kW per MPPT) Maximum Input Voltage 1000 VDC 1000 VDC
Dc Voltage Ranges: Operating/Max. Power (MPPT) 200-950 VDC / 480-850 VDC 200-950 VDC / 540-850 VDC Start-up DC Input Voltage/Power 330 V / 80 W 330 V / 80 W Number of MPPT Trackers/Inputs 3 Trackers / 5 Fused-inputs each 3 Trackers / 5 Fused-inputs each Maximum Available PV Current (Isc x 1.25) 204 A (68 A per MPPT) 204 A (68 A per MPPT) Maximum Operating Input Current (clipping point) 108 A (36 A per MPPT) 114 A (38 A per MPPT) DC Surge Protections Type II MOV, 2800 VC , 20 kA ITM (8/20 ms) AC Output
Rated AC Real Power/Apparent Power/Output Current 50 kW / 50 kVA / 60.2 A 60 kW 60kVA / 72.2 A Overhead Mode: Real Power/Apparent Power/Output Current 50 kW / 55 kVA / 66.2 A 60 kW / 66 kVA / 79.4 A Nominal Output Voltage/Range 480 VAC / -12% to +10% 480 VAC / -12% to +10% Nominal Output Frequency/Range 60 Hz / 57-63 Hz 60 Hz / 57-63 Hz Power Factor Unity, >0.99
(Adjustable 0.8 leading to 0.8 lagging)
Unity, >0.99
(Adjustable 0.8 leading to 0.8 lagging)
Fault Current Contribution (1 Cycle RMS) 64.1 A 64.1 A
Total Harmonic Distortion (THD) @ Rated Load < 3% < 3%
Grid Connection Type 3-Ph/PE/N (neutral conductor optional) 3-Ph/PE/N (neutral conductor optional) Maximum OCPD Device 110 A 125 A
AC Surge Protection Type II MOV, 1240 VC , 15 kA lTM (8/20 µs) Efficiency
Peak Efficiency 98.8% 98.8%
CEC Efficiency 98.5% 98.5%
Tare Loss < 1 W < 1 W
Environment
Ambient Temperature Range -22°F to +140°F (-30°C to +60°C); Derating occurs over +113°F (+45°C) Storage Temperature Range No low temp minimum to +158°F (+70°C) Relative Humidity (non-condensing) 0-100%
Operating Altitude 13,123 ft (4,000 m) Derating occurs from 9,842.5 ft (3,000 m) Communications
Modbus Protocol Proprietary / SunSpec
SolrenView Web-Based Monitoring Service Optional
Revenue Grade Metering Optional, External
Communication Interface RS-485 Modbus RTU
Remote Firmware Upgrades Ethernet Network Card required Remote Diagnostics Ethernet Network Card required
Safety
Certifications and Standards IEEE 1547-2018, UL 1741-SB, UL 1741SA-2016, UL1699B, UL1998, CSA-C22.2 No. 107.1-01, FCC Part 15 (Subpart B, Class A) Selectable Grid Standards IEEE 1547, CA Rule 21, ISO-NE, HECO Smart Grid Features Volt-RideThru, Freq-RideThru, Ramp-Rate, Specified-PF, Volt-VAr, Freq-Watt, Volt-Watt, Watt-VAr
Warranty Standard Limited Warranty 10 Years
Mechanical
Acoustic Noise Rating < 60 dBA @ 1 m and 25°C
AC/DC Disconnect Standard, fully-integrated, load break rated Mounting Angle* 15° - 90°◦ from horizontal
Weight Inverter: 123.5 lbs (56 kg); Wiring Box: 33 lbs (15 kg) Enclosure Rating and Finish NEMA Type 4X; Polyester Powder Coated Aluminum Dimensions (H x W x D)
Power Head: 22.7” x 23.6” x 10.24” (576 mm x 600 mm x 260 mm) Wirebox: 16.7” x 23.6” x 10.24” (424 mm x 600 mm x 260 mm) Overall: 39.4” x 23.6” x 10.24” (1000 mm x 600 mm x 260 mm) * Shade cover accessory required for installation of 75° or less ** Yaskawa Solectria Solar does not supply optional fuses sizes Wirebox Specifications
Wirebox Fused Inputs 15 Fused Positions (5 Positions per MPPT) 20 A Standard (25, 30 A accepted)** Wirebox
Version
Standard PVI-50-60TL-BX-S20 (both palarities fused), No MLRSD transmitter needed APsmart Transmitter Built-in PVI-50-60TL-WB-APS (only
positive polarity fused)
MLRSD compatitility:

APsmart RSD-S and RSD-D
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES SILFAB SOLAR INC.

SAFETY & INSTALLATION MANU AL
SILFAB ELITE : BK/BG
SILFAB PRIME : HC/HC+/QD
SILFAB COMMERCIAL : HN/HM/QM/XM/XM+

FLUORINE

FREE PERFORMANCE
761
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES

TABLE OF CONTENTS

1. Safety Notice .........................................................................................................................................................................1

2. Installation Manual Disclaimer.............................................................................................................................................1

3. General Information .............................................................................................................................................................1

3.1 Model Naming Overview.................................................................................................................................................1

3.2 Electrical Specifications .................................................................................................................................................1

3.3 Disclaimer of Liability .....................................................................................................................................................1

4. Product Certification ............................................................................................................................................................1

5. Limited Warranty ...................................................................................................................................................................1

6. Module Specifications ...........................................................................................................................................................1

7. Safety Precautions.................................................................................................................................................................1

8. Installation.............................................................................................................................................................................2

8.1 Module Mounting Overview............................................................................................................................................2

8.2 Module Mounting Method using mounting holes..........................................................................................................2

8.3 Mounting using clamping method .................................................................................................................................2

8.4 Mounting using rear flange mounted clamping hardware ....................................................................................... 2/3

8.5 Orientation and Tilt.........................................................................................................................................................3 Silfab Elite .............................................................................................................................................................................4 Silfab Prime ..........................................................................................................................................................................6 Silfab Commercial ................................................................................................................................................................9

9. Handling Modules

9.1 Electrical Connection....................................................................................................................................................12

9.2 Functional Grounding...................................................................................................................................................13

9.3 Protective Grounding....................................................................................................................................................13

9.4 Silfab Bifacial Modules..................................................................................................................................................13

9.5 Marine Applications ......................................................................................................................................................14

10. Maintenance .......................................................................................................................................................................15

11. Diagnostics &Troubleshooting ..........................................................................................................................................15

12. Module Identification.........................................................................................................................................................15 13 Packaging, Handling & Storage ..........................................................................................................................................16

13.1 Silfab’s Packaging........................................................................................................................................................16

13.2 Correct Handling of Module Packaging .....................................................................................................................17

13.3 How to Handle the Pallet............................................................................................................................................18

13.4 Unpacking Modules.....................................................................................................................................................18

13.5 Pallet Sheet..................................................................................................................................................................18

13.6 Recycling Packaging Materials ...................................................................................................................................18

14. Revision Log........................................................................................................................................................................19 762
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 1 1. SAFETY NOTICE
This Safety and Installation Manual provides important
safety information relating to the installation, maintenance and handling of Silfab SIL series modules. Professional installers, operation & maintenance technicians, and system users/owners should read this manual carefully and strictly follow the instructions. Failure to follow these instructions may result in death, injury or property damage, and possible void of warranty.

Please keep this manual for future reference.

We recommend checking www.silfabsolar.com regularly for the most updated version.

WARNING
All instructions should be read and understood before
attempting to install, wire, operate and/or maintain the module. Module interconnects pass direct current (DC) when exposed to sunlight or other light sources. Contact with electrically active parts of the module, such as terminals, can result in injury or death, whether the module is connected or disconnected.

AVERTISSEMENT
Toutes les instructions devront être lues et comprises avant de procéder à l’installation, le câblage, l’exploitation et/ou l’entretien des panneau solaire. Les interconnexions des panneau solaire conduisent du courant continu (CC) lorsque le panneau est exposé à la lumière du soleil ou à d’autres sources lumineuses.

Tout contact avec des éléments sous tension du panneau tels que ses bornes de sortie peut entraîner des blessures ou la mort, que le panneau soit connecté ou non.

2. INSTALLATION MANUAL DISCLAIMER
The information contained in this manual is subject to change by Silfab Solar Inc. without prior notice. Silfab Solar Inc. gives no guarantee of any kind whatsoever, either explicitly or implicitly, with respect to the information contained herein. This Manual (or document) is written in English with Spanish (or other language) translation for reference only. In case there are inconsistencies or conflicts between the English version and the Spanish version (or other language version) of this Manual (or document), the English version shall overcome and take control in all respects.

3. GENERAL INFORMATION
Silfab Solar modules convert the energy of light directly into continuous/direct current (DC) by the photovoltaic effect.

SIL series consisted of different modules in the sense of cell number, contact technology, and module size.

3.1 Model Naming Overview:

SIL-XXX B(X) / H(X) / N(X) / Q(X) / X(M) Where:

SIL-Silfab brand and XXX-indicates the power bin in watts.

B/H/N/Q/X is used to indicate technology, e.g. B = back-contact, H = mono half-cell, N = mono M3, Q = N-type, X = Bifacial. (X) to indicate size. C = 1762 mm x 1037 mm, C+ = 1914 mm x 1036 mm, D = 1721 mm x 1133 mm, G = 1864 mm x 1029 mm, K = 1795 mm x 990 mm, M = 2098 mm x 1133 mm, M+ = 2278 mm x 1133 mm, N = 2263 mm x 1037 mm.

3.2 Electrical Specifications
The performance and all photovoltaic parameters of the modules are measured under two different conditions: (1) Standard Test Conditions (STC) and (2) Normal Operating Cell Temperature (NOCT). Detailed electrical characteristics for all PV modules are presented in our products’ DATASHEET and www.silfabsolar.com.

3.3 Disclaimer of Liability
Since the methods of system design, installation techniques, handling and use of this product are beyond company control; Silfab Solar Inc. does not assume responsibility and expressly disclaims liability, for loss, damage or expense resulting from improper installation, handling or use.

4. PRODUCT CERTIFICATION
All Silfab products have UL 61215-1:2017 Ed.1, UL 61215-2:2017 Ed.1, UL 61730-1:2017 Ed.1, UL 61730-2:2017 Ed.1, CSA C22.2#61730- 1:2019 Ed.2, CSA C22.2#61730-2:2019 Ed.2, IEC 61215-1:2016 Ed.1, IEC 61215-2:2016 Ed.1, IEC 61730-1:2016 Ed.2, IEC 61730-2:2016 Ed.2 certification. A list of products including SIL-XXX BK, SIL-XXX HC, SILXXX HN have UL 1703 and ULC ORD C1703 certifications. These UL and IEC to be freestanding. To satisfy the listing for this product the modules must be mounted with a rack or standoff structure. The UL and IEC listing does not include integration into a building surface because additional requirements may apply. The module is considered to be in compliance with UL 1703, IEC 61215/61730 and UL 61215/61730 only when the module is mounted in the manner specified by the mounting instructions contained in this document.

5. LIMITED WARRANTY
Please refer to Silfab General Terms and Conditions of Sale for details of the module’s limited warranty. Failure to comply with this Safety and Installation Manual would void Silfab Warranty for the PV modules as stated in the General Terms and Conditions of Sale.

6. MODULE SPECIFICATION
Please refer to the appropriate DATASHEETS for electrical performance data and mechanical installation information.

7. SAFETY PRECAUTIONS
Installation should be performed only by authorized personnel.

All installations must comply with the applicable geographic electrical standards. I.e. International, National, Regional and local electrical standards etc.

Within the modules there are no user serviceable parts. Do not attempt to repair any part of the modules. Do not use or install broken modules.

In order to reduce the risk of electric shock, prior to installing the modules, remove metallic jewelry and use insulated tools during installation.

Modules produce voltage even when not connected to an
electrical circuit or load and have no on/off switch. Modules can be rendered inoperative only by removing them from sunlight, or by fully covering their front surface with cloth, cardboard, or other completely opaque non-marking material, or by working with them face down on a smooth, flat surface.
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 2 To prevent solar module hot spots and/or reduction in power, find a location that has the lowest shading.

Avoid low tilt angles to prevent the accumulation of dirt/debris along the module edge.

Modules must be spaced a minimum 10 mm (3/8”) a part on all sides to provide space for thermal expansion and to provide ventilation.

Do not drill any additional holes into the module frames and do not cover the drainage holes.

Do not mount Silfab modules in a position where the junction boxes are “upside down” (leads facing upwards).

8.2 Module Mounting Method using mounting holes
Each module must be securely fastened at a minimum of
4 points.

Only use the 4 pre-drilled mounting holes (slots, see Figures 3 and 5) on the PV module frame to bolt the module with M6 (1/4”) stainless steel screws and nuts to the mounting framework.

The distance of the mounting holes has been designed in order to result in a uniform wind and snow load without damaging the module.

Do not drill additional holes in the module frame; doing so will void the Warranty.

8.3 Mounting using clamping method
Silfab recommends the use of clamps with a design as
shown in Fig. 4a (or equivalent). The use of improper clamps will void the Warranty.
• These modules can be installed in either Portrait (vertical) or Landscape (horizontal) configuration. Refer to Fig. 4 b, c, and d for an example of attaching the modules to a support structure using mounting clamps. Use stainless steel fastening hardware. • These modules can be mounted on continuous base structures (inclined or horizontal) such as rails or similar. • Both base structures must be mounted at the same distance from the symmetrical axis (portrait or landscape) of the module. • Placing the supporting elements according to the mounting instructions on the following pages in order to maintain a correct load distribution and achieve the design and test load rating based on the UL1703 and/or IEC 61215.
• When clamping the modules on a support structure, refer to the following pages that identify mounting locations and associated load ratings.

8.4 Mounting Using rear flange mounted clamping hardware (e.g. CAMO clamp / IronRidge, PanelClaw / Esdec)
Silfab recommends the use of rear flange mounted clamping hardware with a design as shown in Fig. 4 e. The following conditions have to be applied in order to receive coverage under Silfab’s Warranty:
• Rear flange mounted clamping hardware is allowable only for the following Silfab product lines: (SIL-XXX BK/BG/HC/HC+/ HN/HM/QM/XM/XM+/QD).
• Bars or rails must run parallel to the module’s short frame edge, and they must be placed outside of the mounting holes (minimum of 15mm away from the edge of the mounting hole). • Do not expose the modules to artificially concentrated sunlight. • Do not stand on, drop, scratch, or allow objects to
fall on the modules.
• Do not lift the modules by the junction box or junction box cables.
• Do not install or handle the modules when they are wet or during periods of high winds. Modules in Silfab packaging should not be kept outdoors for a period exceeding 60 days. • Ensure that junction box cables are provided with strain relief to avoid damage to the junction box, maintaining a minimum bending radius of 50 mm at all locations along the cable. • Do not leave cable connectors exposed in adverse climatic conditions. Water and dust deposits inside the cable connectors can cause long term damage.

A module with broken glass, torn or cut backsheet, damaged junction box, connectors or cables present electrical safety hazards and must be removed from service.

The total voltage of modules connected in series corresponds to the sum of the voltages of the single modules; whereas connecting the modules in parallel results in adding up the currents. Consequently, strings of inter-connected modules can produce high voltages and high currents and constitute an increased risk of electric shock and may cause injury or death.

For installation, maintenance, or before making any electrical connection or disconnection, ensure all modules in the PV array are exposed to a light intensity that is less than 400W/m2 as
measured by an accurate solarmeter/ pyranometer.

Methods to reduce solar irradiance when making electrical connections or disconnections include:
• Covering the modules with an opaque cloth or other material in order to shield them from exposure.
• Making the connections during hours of low intensity of solar irradiance (such as early morning or late afternoon).

8. INSTALLATION

8.1 Module Mounting Overview
The fire rating of Silfab modules is valid only when mounted in the manner specified in the mechanical mounting instructions.

When installing Silfab modules, local building code requirements and regulations must be adhered to at all times. In case of roof mounting, the appropriate system fire class rating of PV module with Mounting system in combination with roof covering and slope applications should be considered. Silfab modules are fire rating Type 1 or Type 2 in accordance with UL 1703 and/ or UL61730. For more information about the specific product, please check DATASHEET or www.silfabsolar.com.

Sufficient ventilation of the module backside is required to maintain the Type 1 or 2 fire rating, and therefore the mounting configuration (e.g. sufficient clearance) should be adapted accordingly. The recommended clearance distance is a minimum 10 cm (3 15/16”).

To maximize the rate of energy conversion, modules have to be installed in the best orientation and tilt according to your region. 764
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 3 RECOMMENDED
A photovoltaic system composed of Silfab modules mounted on a UL2703 certified mounting system should be evaluated in combination with roof coverings in accordance with UL 1703 and/ or IEC 61215 standard meet the requirements to achieve the specified System Fire Type designation for a non-BIPIV module or panel.

For instance, if a listed mounting system with Class A System rating is installed with type 1 modules, the photovoltaic system is suitable to maintain the System Class A Fire Rating.

Any mounting system limitations on inclination or accessories required to maintain a specified System Fire Class Rating should be clearly specified in the installation instruction and UL2703 certification of the mounting system supplier.

Recommended clearance distance of 115mm (4.5inch) (recommended) between module frame and the surface of the wall or roof. Other mounting techniques may affect the UL Listing or the fire class ratings.

8.5 Orientation and Tilt
The highest energy yields are achieved when sunlight
shines perpendicularly (at 90°) to the surface of the PV modules.

To maximize system output, panels should be installed at the optimum orientation and tilt angle, which depends on location and on local conditions. The optimum orientation can be calculated by a qualified system design engineer(s). It is recommended that all panels in one string have the same orientation and tilt to ensure the system does not underperform due to mismatched outputs. Dependent on location, rainfall and pollution levels - a lower angle of installation potentially increases the requirement for regular cleaning.

Fig. 4a: cross section
of a mounting clamp to
be used for attaching
the modules to support
structure (minimum
length is 40 mm).

Fig. 4d: end of module row
with additional spacer (item
05: 50mm x 30mm x 24mm)
Fig. 4c: modules attached
to supporting structure –
side view
Fig. 4b: modules attached to supporting structure (rail, item 01) using a clamp (item 02) fixed with
a bolt (item 03) and nut (item 04)
– view between two modules.
1 Rail 2 Clamp 3 Bolt 4 Nut
A

DETAIL A
Bonding Pins (Module Frame Bonding)
Bonding Bolt
(Rail Bonding)
Fig. 4e: Example CAMO clamp, a type of rear flange mounted clamping hardware.

Clamp slides into the rail channel and the bonding pins contact the rear module flange. CAMO hidden end clamp. Clamp slide into rail channel and the bonding pins contacts the module flange edge.
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 4 MOUNTING FOR SIL BK
Allowed positions for fixing
the SIL BK module using
mounting clamps.

Mounting must stay WITHIN
the coloured areas.
*Positive values correspond to downward forces, Negative Values correspond to uplift forces ATTENTION:

In the case of installation with
modules in the portrait configuration, install the modules with the junction boxes at the top in their
“upright” position. This will reduce
the risk of moisture ingress into the
junction box.
950
1400
1150
01234567891W
422.5
197.5
322.5
422.5
322.5
197.5
170 170
220 220
=
=
Long Edge Primary Mounting Zone
Long Edge Secondary Mounting Zone
MOUNTING TYPE MOUNTING POSITION MOUNTING ZONE DESIGN LOAD RATING* TEST LOAD RATING Clamp /
Mounting Holes
Long Edge
Primary 322.5mm-422.5mm +3600Pa/ -2667Pa +5400Pa/ -4000Pa Clamp Long Edge
Secondary 197.5mm-322.5mm +2667Pa /-1600Pa +4000Pa /-2400Pa Clamp Short Edge 170mm-220mm +1600Pa /-1470Pa +2400Pa /-2200Pa SIL BK
= Short Edge Mounting Zone
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 5 MOUNTING FOR SIL BG
150012501150
357
182
307
357
307
182
200 200
250 250
Allowed positions for fixing
the SIL BG module using
mounting clamps.

Mounting must stay WITHIN
the coloured areas.
*Positive values correspond to downward forces, Negative Values correspond to uplift forces.

ATTENTION:

In the case of installation with
modules in the portrait configuration, install the modules with the junction boxes at the top in their
“upright” position. This will reduce
the risk of moisture ingress into the
junction box.
=
=
Long Edge Primary Mounting Zone
Long Edge Secondary Mounting Zone
MOUNTING TYPE MOUNTING POSITION MOUNTING ZONE DESIGN LOAD RATING* TEST LOAD RATING Clamp /
Mounting Holes
Long Edge
Primary 307mm-357mm +3600Pa/ -3600Pa +5400Pa/ -5400Pa
Clamp Long Edge
Secondary 182mm-307mm +2667Pa /-1600Pa +4000Pa /-2400Pa Clamp Short Edge 200mm-250mm +1600Pa /-1470Pa +2400Pa /-2200Pa SIL BG
= Short Edge Mounting Zone
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 6 MOUNTING FOR SIL HC
Allowed positions for fixing
the SIL HC module using
mounting clamps.

Mounting must stay WITHIN
the coloured areas.
*Positive values correspond to downward forces, Negative Values correspond to uplift forces.

ATTENTION:

In the case of installation with
modules in the portrait configuration, install the modules with the junction boxes at the top in their
“upright” position. This will reduce
the risk of moisture ingress into the
junction box.
200 200
131
256
356 356
256
131
250 250
1500
1250
1050
MOUNTING TYPE MOUNTING POSITION MOUNTING ZONE DESIGN LOAD RATING* TEST LOAD RATING Clamp /
Mounting Holes
Long Edge
Primary 256mm-356mm +3600Pa/ -3600Pa +5400Pa/ -5400Pa
Clamp Long Edge
Secondary 131mm-256mm +2667Pa /-1600Pa +4000Pa /-2400Pa Clamp Short Edge 200mm-250mm +1600Pa/ -1600Pa +2400Pa/ -2400Pa =
=
Long Edge Primary Mounting Zone
Long Edge Secondary Mounting Zone
SIL HC
= Short Edge Mounting Zone
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 7 MOUNTING FOR SIL HC+
Allowed positions for fixing
the SIL HC+ module using
mounting clamps.

Mounting must stay WITHIN
the coloured areas.
*Positive values correspond to downward forces, Negative Values correspond to uplift forces.

ATTENTION:

In the case of installation with
modules in the portrait configuration, install the modules with the junction boxes at the top in their
“upright” position. This will reduce
the risk of moisture ingress into the
junction box.
200 200
207
307
357 357
307
207
250 250
150013001200
MOUNTING TYPE MOUNTING POSITION MOUNTING ZONE DESIGN LOAD RATING* TEST LOAD RATING Clamp /
Mounting Holes
Long Edge
Primary 307mm-357mm +3600Pa/ -3600Pa +5400Pa/ -5400Pa
Clamp Long Edge
Secondary 207mm-307mm +2667Pa /-1600Pa +4000Pa /-2400Pa Clamp Short Edge 200mm-250mm +1600Pa/ -1600Pa +2400Pa/ -2400Pa =
=
Long Edge Primary Mounting Zone
Long Edge Secondary Mounting Zone
SIL HC+
= Short Edge Mounting Zone
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 8 MOUNTING FOR SIL QD
Allowed positions for fixing
the SIL QD module using
mounting clamps.

Mounting must stay WITHIN
the coloured areas.
*Positive values correspond to downward forces, Negative Values correspond to uplift forces.

ATTENTION:

In the case of installation with
modules in the portrait configuration, install the modules with the junction boxes at the top in their
“upright” position. This will reduce
the risk of moisture ingress into the
junction box.
150.5
275.5
350.5 350.5
275.5
150.5
142011701020
200 200
250 250
125 50
= Long Edge Primary Mounting Zone
= Long Edge Secondary Mounting Zone
= Long Edge Third Mounting Zone
MOUNTING TYPE MOUNTING POSITION MOUNTING ZONE DESIGN LOAD RATING* TEST LOAD RATING Clamp Long Edge
Primary 275.5mm-350.5mm +3600Pa/ -2667Pa +5400Pa/ -4000Pa Clamp Long Edge
Secondary 150.5mm-275.5mm +2667Pa /-2400Pa +4000Pa /-3600Pa Clamp Long Edge
Three Rails
150.5mm-350.5mm
and red zone +3600Pa/ -3600Pa +5400Pa/ -5400Pa
Clamp Short Edge 200mm-250mm +1600Pa/ -1600Pa +2400Pa/ -2400Pa SIL QD
= Short Edge Mounting Zone
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 9 MOUNTING FOR SIL HN
MOUNTING TYPE MOUNTING POSITION MOUNTING ZONE DESIGN LOAD RATING* TEST LOAD RATING Clamp /
Mounting Holes
Long Edge
Primary 331.5mm-431.5mm +3600Pa/ -1600Pa +5400Pa/ -2400Pa Clamp Long Edge
Secondary 206.5mm-331.5mm +1600Pa /-1600Pa +2400Pa /-2400Pa SIL HN
Allowed positions for fixing
the SIL HN module using
mounting clamps.

Mounting must stay WITHIN
the coloured areas.
*Positive values correspond to downward forces, Negative Values correspond to uplift forces.

ATTENTION:

Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 10 MOUNTING FOR SIL HM, QM and XM
Allowed positions for fixing
the SIL HM, QM and XM module using mounting clamps.

Mounting must stay WITHIN
the coloured areas.
*Positive values correspond to downward forces, Negative Values correspond to uplift forces.

ATTENTION:

In the case of installation with
modules in the portrait configuration, install the modules with the junction boxes at the top in their
“upright” position. This will reduce
the risk of moisture ingress into the
junction box.
249
374
424 424
374
249
160013501250
125 50
MOUNTING TYPE MOUNTING POSITION MOUNTING ZONE DESIGN LOAD RATING* TEST LOAD RATING Clamp/Mounting Hole Long Edge
Primary 374mm-424mm +3600Pa/ -1600Pa +5400Pa/ -2400Pa
Clamp Long Edge
Secondary 249mm-374mm +1600Pa /-1600Pa +2400Pa /-2400Pa Clamp Long Edge
Three Rails
249mm-424mm and
red zone +3600Pa/ -2667Pa +5400Pa/ -4000Pa

SIL HM/QM/XM
=
=
Long Edge Primary Mounting Zone
Long Edge Secondary Mounting Zone
= Long Edge Third Mounting Zone
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 11 MOUNTING FOR SIL XM+
Allowed positions for fixing
the SIL XM+ module using
mounting clamps.

Mounting must stay WITHIN
the coloured areas.
*Positive values correspond to downward forces, Negative Values correspond to uplift forces.

ATTENTION:

MOUNTING TYPE CLAMP POSITION DESIGN LOAD RATING* TEST LOAD RATING 4 Clamps on Long Side
2 Continuous Rails Parallel to Short Side L

13.8 - 19.7 in
(350 - 500 mm) +2400Pa/ -1600Pa +3600Pa/ -2400Pa
SIL XM+
=
=
Mounting Rail
Clamp
L
L
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 12 9. HANDLING OF MODULES
The Silfab modules are robust, but cells may be subject to damage if the modules are improperly handled or installed.

Wear protective gloves when handling and installing the modules to protect against cuts and burns.

Handle the module in a way that avoids breakage or scratching of the glass or backsheet and mechanical damage to any other part of the module.

Do not carry the module by its cables. Electric shock or damage to the module may result.

Do not drop sharp or heavy objects on either surfaces of the module.

Do not subject the modules to any impact, and do not flex them mechanically.

In the event of any damage to either the front or the back of the module, dangerous electrical hazards may exist, especially if the module is connected in series to a string. Replace the module immediately and take extreme caution when handling.

Do not step or stand on the PV Module.

9.1 Electrical Connection
Do not connect or disconnect modules under load! Danger! Risk of serious injury or death from electric shock or electric arc flash! Only connect modules with the same rated current in series and modules with the same rated voltage in parallel.

High hazardous voltage (several hundreds of volts) may occur during installation. Consequently, installation and maintenance of the modules, as well as the connection to the main power supply, may only be performed by authorized and
qualified persons.

Under normal conditions, a PV module is likely to experience conditions that produce more current and/or voltage than reported at standard test conditions. Accordingly, the values of Isc and Voc marked on the module should be multiplied by an appropriate safety factor to be determined by the design engineer based on local electrical code requirements.

As a worst case, use a safety factor of 1.25 for voltage and cable ampacities and a safety factor of 1.56 for fuse sizing.

For SIL-XXX BK/BG/HC/HC+/QD, the maximum system voltage rating is 1000V for TUV/IEC and 1000V for UL. For SIL-XXX HN/ HM/QM/XM/XM+, the maximum system voltage rating is 1500V.

The maximum series fuse rating is 20A.

The bypass diodes are not over-current protection devices.

In the event of known or suspected diode failure, installers or maintenance providers should contact Silfab. Never attempt to open the junction box!
To obtain the desired system voltage, modules are wired in series connection. The recommended maximum series configuration must NOT exceed the certified maximum system voltage stated in the module spec sheets calculated in the worst case Voc conditions to be determined by the engineer of record (EOR).
*Refer to the appropriate local geographic electrical codes and regulations for the correct Voc correction factor according to the respective temperatures. If this information is not available, a 1.25 multiplying factor can be used as default value for correction of Voc.

For connection of the modules use only appropriate cables with a minimum conduct cross-section of 4 mm2 that is compliant to the relevant jurisdiction code.

Verify the junction box lid is firmly closed before installing the module.

Do not repair or reconnect junction box cable. It may occur spark or electric shock.

Do not bend junction box cable. Under stress, it can damage the module. Cable bending radius should be at least more than 4 times the cable diameter.

Before connection of the system to the grid, the PV system must be approved for correct installation, by all appropriate authorities.

Lightning protection is recommended for PV systems that are to be installed in locations with high probability of lightning strikes.

The design of the PV system should be done by a qualified person familiar with PV system design. Silfab does not assume any responsibility for how the modules are installed or how the system is designed.

For all solar systems, the connectors MUST be UL rated for interminability and fully inter-matable with Silfab modules’ connectors. Otherwise, Silfab will void the warranty and will not be responsible for any resulting safety issue.

Silfab solar modules are equipped with factory-assembled Junction box with 12AWG/4mm2 cables, and insulated for
90°C maximum, with either either MC4 or EV2 connectors. Any attempt to repair/modify the junction box, cable, or connector will void the Silfab Solar warranty.
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 13 9.2 Functioning Grounding
For installations located in tropical regions (between 23.5o N and 23.5o S), functional grounding at the negative pole of the DC side of the system must be implemented.
• Ensure the difference in potential between the negative pole of the DC array and the negative end of the DC side of the inverter input terminals is 0V.
• Follow the directions of the inverter manufacturer and prevailing local regulations. • Only use inverters which include licensed grounding kits. • Functional grounding is required to be implemented in installation sites with increased salt content in the air. (e.g. close the sea, defined as less than 500m from a coastline).

9.3 Protective Grounding
In order to prevent electrical shock or fire, the frame of the module as well as any non-current carrying metal parts of the system must be electrically grounded. While this section provides some information about grounding Silfab’s frames and modules, reference should be made to local statutes and regulations for specific requirements on grounding. As an additional resource, reference the U.S. National Electrical Code addresses equipment grounding/bonding requirements in Article 250. You may also reference Canadian Electrical Code requirements located in CSA C22.1.

Proper grounding is achieved by bonding all exposed
non-current carrying conductive parts to the appropriately sized equipment grounding conductor (EGC) or racking/rail system that has been tested and verified to be used as a means of integrated grounding.

Silfab’s frames are protected from corrosion via an anodized coating. This coating must be penetrated in order to ensure proper bonding for equipment grounding requirements. The different methods outlined below are suggested methods to establish an appropriate bond between the frame and the EGC or racking system. The installer must ensure that the ground path of the EGC or racking system follows proper grounding requirements.

Option A: Use of a grounding lug
A UL listed grounding lug can be bonded to the grounding hole located on the bottom flange of Silfab’s module frame. The holes are marked with an electrical ground symbol.

To install the grounding lug, follow the specified instructions of the manufacturer. The grounding lug should be made of stainless steel or tin plated metals such as aluminum to avoid corrosion. The grounding lug should be attached to the frame grounding hole using stainless steel hardware (screw, toothed lock washer or KEPS nut). A lock washer or other locking mechanism is required to maintain tension between the bolt and assembly; Silfab recommends a torque value of 25inch-lbs. The conductor must be attached to the ground lug using the lug’s set screw. Refer to NEC Article 690. Care should be taken to avoid the use of grounding hardware of dissimilar metals which may lead to corrosion. Ensure that the grounding area for the connection is clean and free from oxides and/or any debris that could impede the pathway for the electrical ground. Always follow safety procedures when installing any grounding/mounting system.

Option B: Integrated grounding methods
A Silfab module can be bonded with a racking/rail system using a UL2703 certified integrated grounding method. The racking/rail system will then have to be electrically grounded in such a way that the overall system is properly grounded per local requirements and regulations such as what is defined in NEC article 250 or Canadian CSA C22.1.

One example of an integrated grounding method is the use of a washer recognized as meeting UL2703 requirements between the module and the racking/rail system, and is listed on UL’s product database. An example of a UL2703 recognized integrated grounding method is a WEEB washer which Silfab has found to be generally compatible with Silfab modules, however each combination of module/racking system requires a specific WEEB washer size. It is the responsibility of the installer to ensure that that the specific size requirement has been met and is used appropriately per the manufacturer’s installation manual. Note, WEEB washers are intended for single-use only; they must not be reused after removal or loosening. Refer to Wiley’s installation instructions for the specific use of WEEB washers.

Other grounding methods may be used in conjunction with a module mounting system tested to UL2703. For these installations, the Silfab module and frame style must be tested and part of the instructions for the listed mounting product. The Silfab module must be installed in accordance with these instructions as well as the mounting system’s listed instructions.

As a final reminder, both Option A and Option B must be grounded as per NEC Article 250 or CSA C22.1, whichever may apply to your local jurisdictional and code requirements.

9.4 Silfab Bifacial Modules
Bi-facial modules are able to capture and convert light from both the front and back surface of the module, as shown FIGURE

6. As a result, Levelized Cost Of Electricity (LCOE) can be further reduced with bifacial technology through rear-side generation up to 20% annual gain. This section outlines the fundamental components for consideration to maximize power output of your bi-facial PV system.

Step #1: Highest Surface Reflectivity/Albedo
• Performances of bifacial PV modules are linearly dependent on the albedo.
• Best results: crushed white rock, bright white paint, or an ENERGY STAR™ roof.

Step #2: Select the optimum height of installation & mounting structure
• Elevate the module above as much as possible, as it will capture more ground-reflected light. • For flat ground/rooftop installation it’s recommended a minimum height of 50-70 cm (19 11/16 – 27 9/16”). • Avoid shading the back side of the module from the support rack as much as possible.

Step #3: Tilt angle of modules
• Case-by-case based on site location. For site specific energy yield analysis and power reports, please contact Silfab Solar. 775
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 14 9.5 Silfab Module Installation in Marine Applications This section provides guidance of safe handling and installation of Silfab PV modules less than 500 meters to any salt water coastal waterway regarded as “near-coastal”. Improper care and negligence to properly protect PV system as recommended may potentially induce salt-mist corrosion and accelerate electrical insulation losses and galvanic corrosion. Silfab reserves the right to review any potential warranty claims in “near-coastal” environments against a customer’s strict adherence to the best practices and recommendations provided in this section. Any non-conformances found will potentially disqualify the product from being covered under Silfab’s Limited Product and Linear Performance Warranty. For further inquiries please contact Silfab’s Customer Service.

Mechanical Installation
• Do not scratch or break the corrosion-resistant coating (e.g. anodization layer) on PV Modules and mounting system
unless it is part of the electrical equipment grounding system (grounding lugs, integrated grounding hardware compliant to UL2703).
• Use corrosion-resistant material (e.g. stainless steel SUS 316) for components (e.g. nuts, bolts, gaskets, etc.) to install your PV system.
• For safe mounting installation, use insulation gaskets between mounting hardware attached to the PV module frame between PV module frame and rail, unless the mounting
hardware is part of the electrical equipment grounding system using integrated mounting/grounding hardware that is compliant with UL2703.
• Recommendation for gasket insulation are mica lamination, or silicone, or fluoride made insulating material.

Grounding
• Silfab recommends to protect any exposed grounding
points (such as a grounding block) of the PV system with a corrosion-resistant coating, for example (a) Butyl Plaster to completely cover an exposed grounding block or (b) spray fluorocarbon varnish of 40 um thick onto exposed ground blocks thoroughly to form an anti-corrosion protective film.

Remember to clean the exposed grounding block and sur
rounding area and make sure the surface is dry. Any exposed components must be fully covered from exposure to salt.

To ensure optimum module performance, Silfab recommends maintenance service every three months with the following measures:
• Check the module frame, mounting system, grounding block and junction areas for potential signs of corrosion.
• Clean the module frame, mounting system, grounding block and junction areas from accumulation of dust and/or salt with soft foam materials, non-woven fabrics, whisks, soft sponges, soft brushes and hair brushes may be used.
• Upon possible finding of corrosion due to salt, re-apply Butyl Plaster or fluorocarbon varnish to cover rusty area thoroughly.

Fig. 6: Bifacial solar module
IMPORTANT NOTE:

DISCLAIMER OF LIABILITY
Silfab PV Modules have successfully passed IEC 61701:2011 – Level 5 Salt Mist Corrosion Test. However, full protection against salt exposure is largely dependent on multiple components of the PV system beyond Silfab’s control. As such, Silfab strongly recommends to adhere to the installation procedure.

If negligence is found, Silfab cannot hold responsibility and disclaim liability for any loss, damage, or expense arising out from “near-coastal” installation.

IMPORTANT NOTE:

ELECTRICAL CONNECTION
With an expected gain of power (Pmp) and current (Isc) from the rear due to significant light contribution, i.e from a high albedo background, the user/designer must consider the electrical performance of both front and irradiance % on backside for the following below. It’s suggested at least +20% bifaciality gain. • Wire and string sizing
• Inverter short-circuit current input limit
• Overcurrent protection device
TIP: With multi-row structures, connect horizontal series of modules to different MPPT to reduce losses due to mismatch on reflected light on back side.
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 15 Routine steps of cleaning:
1 Whisking: Debris such as dust and leaves on module surface should be removed with dry cloth. 2 Scraping: hard foreign matters such as dirt, bird droppings, plant branches, etc., should be scraped off with non-woven fabric or hair brush.
3 Washing: Colored substances, such as bird dropping, plant juices, etc., on module surface can be removed by cleaning by spraying water onto the dirty region and scraping with hair brush or non-woven fabric. The pressure of the cleaning water should be less than 690Kpa (100 PSI).
4 Cleaning of snow: Silfab modules can withstand heavy snow pressure up to 5400 Pascal. Do not try to remove frozen snow or ice from the module. Use a brush to gently remove the snow.

10. MAINTENANCE
Cleaning method of ARC-Glass of Silfab PV Module
Silfab uses anti-reflective coated glasses for maximum performance. It is recommended to regularly clean the modules to ensure maximum power output.

Module cleaning should be done in the early morning, in the evening, at night or on rainy days when solar irradiance is low.

Detailed description:
• Do not touch the glass with bare fingers or hands. Wear clean gloves to prevent fingerprints and other dirt from staying on the glass.
• Do not use metal tools, such as blades, knives, steel wood and other abrasive materials. Cleaning the glass with hard surface will scratch the ARC-glass.
• Do not use high pressure washers, abrasive brushes, powders, cleaners, polishers, sodium hydroxide, benzene, nitro-thinners, acid or alkali and other chemical substances.

Doing so may damage the anti-reflective coating that is present on the glass of the modules and void warranty. • All types of commercial glass cleaners, or alcohol/ ethanol/ methanol can be used.

11. DIAGNOSTICS & TROUBLESHOOTING
The strict quality controls in Silfab Solar’s manufacturing facility ensures all of our modules are sold free of significant defects, breakages and/or other problems. However, in its operation some problems may arise that can alter the correct operation of the modules.

In the event of accelerated deterioration of the module, Silfab Solar should be notified immediately to make the necessary replacement under the Silfab Limited warranty.

Please refer to the Silfab RMA Procedure for details on how to obtain repair or replacement service, credit or refund (as applicable) under the modules’ limited warranty.

12. MODULE IDENTIFICATION
Each module is equipped with three identical serial numbers that acts as a unique identifier. They are located:
• inside the laminate under the front glass
• module frame
• on the pallet list
Moreover, each module has a specific label that is attached on the rear side. This label specifies the product information.

Product label has a QR-CODE to download more information. 777
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 16 SIL-XXX XM+
SIL-XXX BG SIL-XXX HC+

SIL-XXX QD

SIL-XXX HM/QM/XM

13. PACKAGING, HANDLING & STORAGE

13.1 Silfab’s Packaging
These modules are arranged in horizontal or vertical positions as shown in Fig. 7 and 8. Transport the module in its original packaging until installation to avoid water infiltration and do not place any heavy or sharp object on the top or sides of the pallet, as it could damage the modules.

SILFAB PACKAGING DETAILS
Number of modules stacked
Modules Orientation
Package size (L x W x H)
Package weight
Pallet
Packaging
Module protective corners
Number of modules stacked
Modules Orientation
Package size (L x W x H)
Package weight
Pallet
Packaging
Module protective corners
Number of modules stacked
Modules Orientation
Package size (L x W x H)
Package weight
Pallet
Packaging
Module protective corners
26 Horizontal
182 cm x 109 cm x 119 cm

71.7 in x 43 in x 46.9 in
525 kg / 1157.4 lbs
Wooden Pallet IPPC compliant
Stretch Wrap Film, Containment Straps
Plastic
26 Horizontal
197 cm x 109 cm x 119 cm

77.5 in x 43 in x 46.9 in
605 kg / 1334 lbs
Wooden Pallet IPPC compliant
Stretch Wrap Film, Containment Straps
Plastic

SIL-XXX HC
26 Horizontal
184 cm x 105.5 cm x 126 cm

72.4 in x 41.5 in x 49.6 in
550 kg / 1212.5 lbs
Wooden Pallet IPPC compliant
Stretch Wrap Film, Containment Straps
Plastic
27 Horizontal
192 cm x 108 cm x 123 cm

75.6 in x 42.5 in x 48.4 in
620 kg / 1367 lbs
Wooden Pallet IPPC compliant
Stretch Wrap Film, Containment Straps
Plastic
26 Horizontal
177 cm x 118 cm x 119 cm

69.7 in x 46.6 in x 46.9 in
600 kg / 1320 lbs
Wooden Pallet IPPC compliant
Stretch Wrap Film, Containment Straps
Plastic

SIL-XXX BK SIL-XXX HN
31 Vertical
230 cm x 116 cm x 125 cm

90.5 in x 45.6 in x 49.2 in
850 kg / 1874 lbs
Wooden Pallet IPPC compliant
Cardboard Box, Containment Straps
Cardboard
29 Vertical
213cm x 106 cm x 128 cm

83.8 in x 41.7 in x 50.4 in
810 kg / 1786 lbs
Wooden Pallet IPPC compliant
Cardboard Box, Containment Straps
Cardboard
29 Vertical
231cm x 107 cm x 128 cm

90.9 in x 42.1 in x 50.4 in
916 kg / 2020 lbs
Wooden Pallet IPPC compliant
Cardboard Box, Containment Straps
Cardboard
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 17 Fig. 7 Horizontal packaging of photovoltaic modules.

Fig. 8 Vertical packaging of photovoltaic modules. Fig. 9 Protective Corner

KEEP PACKAGING UPRIGHT
The packaging is only designed to be handled and
stored with the modules sitting on the pallet as per
Fig. 7. Not following these indicated directions may
create forms of mechanical stress on the modules
that could cause damage or breakage.

STACKING
Do not stack more than two pallets high.

AVOID EXPOSING TO RAIN OR SNOW.

DO NOT LEAVE EXPOSED TO FLOODING
The plastic wrap and/or cardboard is intended to
prevent temporary contact with dirt, water or other materials but will not protect the modules from damage resulting from excessive rain, snow and
flooding. Modules should be stored in a sheltered
dry location whenever possible. Modules are not to
be stored outside for a period exceeding 60 days.

HANDLE WITH CARE
During the operation of shipping and storage of
the modules use maximum care to ensure the full
integrity of the modules. Hidden cell damage can
result if care is not taken..

RECYCLE WHERE POSSIBLE
Any direct impact to the glass or on the corners of the modules should be avoided. Avoid flexing the laminates or applying non-distributed loads and stresses.

Avoid scratching the surface of the exterior glass or
backsheet. Do not apply any forces to the backsheets.

Do not drop the modules or pallets from any height.

FRAGILE
Any direct impact to the glass or on the corners of the modules should be avoided. Avoid flexing the laminates or applying non-distributed loads and stresses.

Avoid scratching the surface of the exterior glass or
backsheet. Do not apply any forces to the backsheets.

Do not drop the modules or pallets from any height.

13.2 Correct Handling of Module Packaging
Each package has been designed for safe shipment and storage of modules. The following symbols apply to the packing, with the following meanings:
2 2
2 2
2 779
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 18 13.3 How to Handle the Pallet
The packaged pallet must be handled with the utmost care and attention. The equipment used for handling a full packaged pallet should be rated for a minimum of 1000 kg (or 2000 kg for a double stack). The “4-way” style pallet can be handled from both the short and long sides, however, lifting from the short side will provide the best support for the modules within. For that reason, lifting from the long side should only be done by suitable equipment during loading and unloading of truck and containers.

The handling equipment must be fitted with forks of appropriate length for the pallet’s size (see table below).

MINIMUM FORK LENGTH FOR HANDLING OF PALLETIZED

MODULES (SINGLE/DOUBLE STACKS)
BK/BG
HC/HC+/QD

HM/HN/QM/
XM/XM+
Short Side 1.5 m / 60 in 1.8 m / 72 in
Long Side (For loading/
unloading from trucks/
containers only)

1.2 m / 48 in 1.2 m / 48 in
Verify that the package is positioned on a surface that is either flat or not excessively deformed to a point that would impart and inclination to the pallets which could damage the PV modules.

Do not aggressively lift pallets as module damage may occur.

Do not attempt to move more than one pallet at a time, unless properly secured as provided by the factory. Never attempt to move a stack of three pallets under any circumstances.

13.4 Unpacking Modules
Observe the following procedures for the unpacking of modules:
• Place the packaging on a stable and flat surface
• Using a knife carefully cut the straps and plastic wrap then remove them.
• Remove the upper cover
• Recover the packing list (for record keeping)
• Remove the PV modules and their protective corners without damaging them • Collect and store the protective and the wooden pallets Note: Once you have removed the strapping the pallet must no longer be moved as the load will not be secure.

If movement of the pallet is required be sure to re-strap the pallet as per the original packaging strap locations.

13.5 Pallet Sheet
Each package has a sheet (“pallet sheet”) placed in a visible position and containing some pertinent information such as:
serial number of each module, part number of each module and pallet number. All Numbers are readable with a standard bar code reader. See Fig.7.

13.6 Recycling Packaging Materials
Silfab undertakes efforts to treat every aspect of production to minimize the environmental impact. The packaging is made with materials that for the most part are reusable.

In particular, the wooden pallets (Fig.10) and protective corners (Fig.11) should be retained. Arrangements for recovery will be made on a case by case basis.

Fig.10 Fig.11
Fig. 10 & 11: How to package the pallets and plastic corners, respectively, after unloading, ready to deliver back to Silfab for reuse. 780
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 19 14. REVISION LOG
Revision Level Section(s) affected Brief description of changes Date MAN-SSI-01 NEW DOCUMENT For Silfab Elite/BK, Silfab Prime/HC, Silfab Commercial/HN 10/20/2021
MAN-SSI-02 Page 4 Updates to PRIME/SIL BK mounting 10/27/2021 MAN-SSI-02 Cover/Back Cover Update Silfab Logo to registered trademark 07/01/2022 MAN-SSI-03 Multiple Sections Addition of BG, HC+, HM information, P. 3 8.5 12/15/2022 MAN-SSI-03 Pg. 5 SIL BG - Updated Design Load Rating, Test Load Rating 03/24/2023 MAN-SSI-04 Cover, TOC, Muliple Sections Updates include the addition of QM, QD 12/05/2023 MAN-SSI-05 pp. 8, 10 Mounting data updated to include 3 rail mounting data and illustrations for QD, HM, QM
01/23/2024
MAN-SSI-06 pp. Cover, 2, 10, 11, 15, 17 Included XM in the text. 01/31/2024 MAN-SSI-07 p. 1 Included N-type reference 04/22/2024
MAN-SSI-08 pp. Cover, 1, 2, 11, 12, 16, 18 Included XM+ data 08/09/2024 MAN-SSI-09 p. 10 Update to chart 08/23/2024

PLEASE RETAIN A COPY OF THIS MANUAL FOR FUTURE REFERENCE To download a copy of this installation manual go to:
silfabsolar.com/downloads
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Document Number: MAN-SSI-09 | SAFETY AND INSTALLATION MANUAL FOR PHOTOVOLTAIC MODULES 20 ©Silfab Solar Inc., August 23, 2024. Silfab Solar ® is a registered trademark of Silfab Solar Inc. 240 Courtneypark Drive East, Mississauga ON L5T 2S5 Canada T +1 905.255.2501 | F +1 905.696.0267
1770 Port Drive, Burlington WA 98233 USA
T +1 360.569.4733 | [email protected]
SILFABSOLAR.COM
7149 Logistics Lane, Fort Mill SC 29715 USA
T +1 839.400.4338
SILFAB SOLAR INC.

WWW.SILFABSOLAR.COM
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NTC
SIL-540 XM

BIFACIAL
S I L F A B S O L A R . C O M
• Improved Shade Tolerance
• Improved Low-Light Performance
• Increased Performance in
High Temperatures
• Efficient Bifacial Energy Yield
• Enhanced Durability
• Reduced Degradation Rate
• 25-Year Product Warranty/
30-Year Performance Warranty

NEXT-GENERATION N-TYPE

CELL TECHNOLOGY
NTC
SIL-540 XM

BIFACIAL

NEXT-GENERATION N-TYPE
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WARRANTIES
Module product workmanship warranty 25 years**
Linear power performance guarantee 30 years
≥ 98% end 1st yr
≥ 94.7% end 12th yr
≥ 90.8% end 25th yr
≥ 89.3% end 30th yr

TEMPERATURE RATINGS
Temperature Coeicient Isc 0.04 %/°C
Temperature Coeicient Voc -0.24 %/°C
Temperature Coeicient Pmax -0.29 %/°C
NOCT (± 2°C) 45 °C
Operating temperature -40/+85 °C

SHIPPING SPECS
Modules Per Pallet: 29 or 29 (California)
Pallets Per Truck 24 or 23 (California)
Modules Per Truck 696 or 667 (California)

CERTIFICATIONS
Product
UL 61215, UL 61730, CSA C22.2#61730, IEC 61215, IEC 61730, IEC 61701 (Salt Mist Corrosion), IEC 62716 (Ammonia Corrosion), CEC Listing, UL Fire Rating: Type 1
Factory ISO9001:2015

MECHANICAL PROPERTIES / COMPONENTS METRIC IMPERIAL
Module weight 26.2 kg ±0.2 kg 57.8 lbs ±0.4 lbs
Dimensions (H x L x D) 2098 mm x 1133 mm x 35 mm 82.6 in x 44.6 in x 1.4 in Maximum surface load (wind/snow)* 2400 Pa rear load / 5400 Pa front load 50.1 lb/§2 rear load / 112.8 lb/§2 front load
Hail impact resistance ø 25 mm at 83 km/h ø 1 in at 51.6 mph Cells 132 Half cells - N-Type Silicon solar cell
91 x 182 mm
132 Half cells - N-Type Silicon solar cell

3.58 x 7.16 in
Glass 3.2 mm high transmittance, tempered,
DSM antireflective coating

0.126 in high transmittance, tempered,
DSM antireflective coating
Cables and connectors (refer to installation manual) 1350 mm, ø 5.7 mm, EVO2 from Staubli 53.1 in, ø 0.22 in (12AWG), EVO2 from Staubli Backsheet High durability, superior hydrolysis and UV resistance, multi-layer dielectric film, fluorine-free clear PV backsheet
Frame Anodized Aluminum (Silver)
Junction Box UL 3730 Certified, IEC 62790 Certified, IP68 rated, 3 diodes * Warning. Read the Safety and Installation Manual for mounting specifications and before handling, installing and operating modules. ** 12 year extendable to 25 years subject to registration and conditions outlined under “Warranty” at silfabsolar.com.

PAN files generated from 3rd party performance data are available for download at: silfabsolar.com/downloads. 1770 Port Drive
Burlington WA 98233 USA
T +1 360.569.4733
[email protected]
SILFABSOLAR.COM
7149 Logistics Lane
Fort Mill SC 29715 USA
T +1 839.400.4338
240 Courtneypark Drive East
Mississauga ON L5T 2S5 Canada
T +1 905.255.2501
F +1 905.696.0267
Silfab - SIL-540-XM-BIFACIAL 20241211
No reproduction of any kind is allowed without permission. Data and information is subject to modifications without notice. © Silfab Solar Inc., 2024. Silfab Solar® is a registered trademark of Silfab Solar Inc.

SILFAB SOLAR INC.

ELECTRICAL SPECIFICATIONS 540
Test Conditions STC BSTC NOCT
Module Power (Pmax) Wp 540 589.1 398.6
Maximum power voltage (Vpmax) V 41.62 41.62 38.28
Maximum power current (Ipmax) A 12.97 14.15 10.41
Open circuit voltage (Voc) V 47.95 48.00 44.11
Short circuit current (Isc) A 13.78 15.03 11.05
Module eiciency % 22.7%
Maximum system voltage (VDC) V 1500
Series fuse rating A 30
Power Tolerance Wp 0 to +10
Bifaciality Factor % 80±5
Performance conditions: Measurement tolerance ≤ 3% • Standard Test Conditions (STC): 1000 W/m2, AM 1.5, Temperature 25 °C • Nominal Operating Cell Temperature (NOCT): 800 W/m2, AM 1.5 • Bifacial Standard Test Conditions (BSTC): 1000 W/m2 + φ × 135 W/m2 , φ = 80 % , AM 1.5 • Electrical characteristics may vary by ±5%.

82.6" [2098mm]

1.4"
[35mm]
Side Back View

44.6" [1133mm]

15.7" [399mm] 51.2" [1300mm]

15.7" [399mm]
Mounting Hole (x4 - 12x7)
43" [1093mm]

2.4"
[60mm]

53.15"
[1350mm]
Cable Length
Ø0.17" [Ø4.2mm] (x2)
Grounding Hole
Tracker Mounting Hole (x8 - 10x7)

31.1" [790mm]

15.7" [400mm]
8" [200mm]
Drainage
Hole (x8)

1.4" [35mm]

0.06"
[1.5mm]
Profile

0.5"
[12mm]

0.3"
[7mm]

0.6"
[15mm]

82.6" [2098mm]

1.4"
[35mm]
784
Item5.

CITY OF ESCONDIDO
RFP 23-04 Citywide Energy Roadmap
Once program implementation is authorized by Council and funding is secured, the final elements of design and engineering can be completed. This includes land surveys, geotechnical studies, and preparation of design drawings and other documentation required to prepare submittal packages, obtain permits and procure equipment.

Prior to initiating construction, Climatec will provide submittals and engineered drawings (where applicable) for the City’s technical review and written approval. Once submittals are approved, construction will be scheduled and coordinated with Staff and affected City departments to minimize disruptions for City operations.

A comprehensive construction schedule will be provided after completing submittal review and equipment procurement. A high-level preliminary schedule is included here for planning purposes:

SCOPE MEASURE DURATION TO IMPLEMENT
Backup Power & Electrical Systems 6-18 months
HVAC & Building Automation Systems (BAS) 12-18 months
Lighting & Sports Field Lighting 6-12 months
Roofing 7-12 months
Solar & EV Charging 24-36 months w/ PTO
Water & Wastewater Treatment Plants 24-36 months
785
Item5.

CITY OF ESCONDIDO
RFP 23-04 Citywide Energy Roadmap786
Item5.

City of Escondido
Amendment 1- Attachment F

Page 2 of 3 ends

PAYMENT BOND
Contractor's Labor & Material Bond
(100% Of Agreement Price)
(Note: Contractor must use this form, NOT a surety company form.) KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the governing board (“Board”) of the City of Escondido, (or “District”) and , (“Principal”) have entered into a Agreement for the furnishing of all materials and labor, services and transportation, necessary, convenient, and proper to perform the following project:
(Project Name)
(“Project” or “Agreement”) which Agreement dated , 20___, and all of the Agreement Documents attached to or forming a part of the Agreement, are hereby referred to and made a part hereof; and
WHEREAS, pursuant to law and the Agreement, the Principal is required, before entering upon the performance of the work, to file a good and sufficient bond with the body by which the Agreement is awarded in an amount equal to one hundred percent (100%) of the Agreement price, to secure the claims to which reference is made in sections 9000 through 9510 and 9550 through 9566 of the Civil Code, and division 2, part 7, of the Labor Code.

NOW, THEREFORE, the Principal and
(“Surety”) are held and firmly
bound unto all laborers, material men, and other persons referred to in said statutes in the sum of Dollars ($ ), lawful money of the
United States, being a sum not less than the total amount payable by the terms of Agreement, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally, by these presents.

The condition of this obligation is that if the Principal or any of his or its subcontractors, of the heirs, executors, administrators, successors, or assigns of any, all, or either of them shall fail to pay for any labor, materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work Contracted to be done, or for any work or labor thereon of any kind, or for amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal or any of his or its subcontractors of any tier under Section 13020 of the Unemployment Insurance Code with respect to such work or labor, that the Surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay a reasonable attorney’s fee to be awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and affect.
787
Item5.

City of Escondido
Amendment 1- Attachment F

Page 3 of 3 ends

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 20___.
(Affix Corporate Seal)
Principal
By
Surety
By
Name of California Agent of Surety
Address of California Agent of Surety
Telephone No. of California Agent of Surety
Contractor must attach a Notarial Acknowledgment for all Surety's signatures and a Power of Attorney and Certificate of Authority for Surety. The California Department of Insurance must authorize the Surety to be an admitted surety insurer.

END OF DOCUMENT
788
Item5.

CITY OF ESCONDIDO
RFP 23-04 Citywide Energy Roadmap789
Item5.

City of Escondido
Amendment 1- Attachment G

Page 2 of 3 ends

PERFORMANCE BOND
(100% of Agreement Price)
(Note: Contractor must use this form, NOT a surety company form.) KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the governing board (“Board”) of the Calexico Union School District, (“District”) and (“Principal”) have entered into a Agreement for the
furnishing of all materials and labor, services and transportation, necessary, convenient, and proper to perform the following project:
(Project Name)
(“Project” or “Agreement”) which Agreement dated , 20___, and all of the Agreement Documents attached to or forming a part of the Agreement, are hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement.

NOW, THEREFORE, the Principal and
(“Surety”) are held and firmly
bound unto the Board of the District in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents, to:
- Perform all the work required to complete the Project; and - Pay to the District all damages the District incurs as a result of the Principal’s failure to perform all the Work required to complete the Project.

The condition of the obligation is such that, if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and Agreements in the Agreement and any alteration thereof made as therein provided, on his or its part to be kept and performed at the time and in the intent and meaning, including all Contractual guarantees and warrantees of materials and workmanship, and shall indemnify and save harmless the District, its trustees, officers and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.

Surety expressly agrees that the District may reject any Contractor or subcontractor proposed by Surety to fulfill its obligations in the event of default by the Principal. Surety shall not utilize Principal in completing the Work nor shall Surety accept a Bid from Principal for completion of the Work if the District declares the Principal to be in default and notifies Surety of the District’s objection to Principal’s further participation in the completion of the Work.
790
Item5.

City of Escondido
Amendment 1- Attachment G

Page 3 of 3 ends

As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period equal to the warranty and/or guarantee period of the Agreement, during which time Surety’s obligation shall continue if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the District from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the District’s rights or the Contractor or Surety’s obligations under the Agreement, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement or to the work or to the specifications.

END OF DOCUMENT
791
Item5.

CITY OF ESCONDIDO
RFP 23-04 Citywide Energy Roadmap
In addition to terms and conditions for program implementation, Amendment 1 includes a separate Measurement & Verification (M&V) agreement. The purpose of the M&V agreement is to provide a savings guarantee and an annual report of verified savings performance. 792
Item5.

City of Escondido
M&V Agreement

Page 1 of 5 ends

CLIMATEC MEASUREMENT AND

VERIFICATION AGREEMENT

FOR CITY OF ESCONDIDO
_______________________

SCOPE OF SERVICES

TERMS AND CONDITIONS

ATTACHMENTS
Attachment “A” – Guaranteed Savings Measurement & Verification I. Savings Guarantee
II. Measurement & Verification Methods
III. Selected Measurement & Verification Options
IV. Specific Measurement & Verification Plan for Each ECM:

1. Lighting System Upgrades

2. HVAC System Installation

3. HVAC Controls Upgrades

4. Process System Upgrades

5. High Efficiency Transformers Upgrades
Attachment “B” – Utility Baseline Summary
Attachment “C” – Standards of Operation (HVAC & Lighting) I. Standards of Operation for HVAC
II. Standards of Operation for Lighting
793
Item5.

City of Escondido
M&V Agreement

Page 2 of 5 ends

CLIMATEC M&V AGREEMENT
This Measurement and Verification (“M&V”) Agreement (“Agreement”) entered into as of June 4, 2025 is made by and between:

City of Escondido (“Purchaser”)
with its principal place of business at
201 N. Broadway,
Escondido, CA 92025
and
Climatec LLC
with its principal place of business at
2150 Towne Centre Place, Suite 200
Anaheim, CA 92806
This Agreement shall include the Attachment(s) listed below:

Attachment “A” – Guaranteed Savings Measurement & Verification Attachment “B” – Utility Baseline Summary
Attachment “C” – Standards of Operation (HVAC & Lighting)

SCOPE OF SERVICES
Energy Savings Measurement & Verification Service:

Climatec LLC will provide M&V services of the energy savings associated with Purchaser’s energy retrofit installation, as described in Attachment A – Scope of Work, located in the associated Installation Agreement. Energy savings M&V reports (“M&V Reports”) will be provided to the Purchaser on an annual basis.

Term:

This Agreement shall commence upon the completion and acceptance of the Purchaser’s energy retrofit installation project and receipt of final payment for the associated Installation Agreement (“Effective Date”) and shall continue for a term of 30 years. The Purchaser may terminate this Agreement at any time with a sixty (60) day written notice. However, termination of this Agreement will void any savings guarantee under this Agreement and the Installation Agreement on or after the termination date.

Charges:

This Agreement shall be billed once per year due and payable within forty-five (45) days of the Purchaser’s receipt of invoice, which shall be sent thirty (30) days following the Effective Date, and the anniversary of the Effective Date in the following years. The annual Agreement charge is $35,000 for the first three years and escalated at 5% annually for every subsequent year thereafter. This rate does not include taxes.

TERMS AND CONDITIONS

1. General Provisions:

1.1 Unless stated otherwise, the services provided under this Agreement shall be provided during Climatec LLC’s normal business hours. Normal business hours are Monday through Friday, 8:00 A.M. to 5:00 P.M. inclusive, excluding holidays.

1.2 The Purchaser shall provide reasonable means of access to the equipment being measured or verified. Climatec LLC shall not be responsible for any removal, replacement, or refinishing of the building structure, if required to gain access to the equipment. Climatec LLC shall be permitted to start and stop all equipment necessary to perform the services herein described as arranged with the Purchaser’s representative. 794
Item5.

City of Escondido
M&V Agreement

Page 3 of 5 ends

2. Charges:

2.1 For services not covered by this Agreement, but performed by Climatec LLC upon the Purchaser’s authorization, the Purchaser agrees to pay Climatec LLC within forty-five (45) days of presentation of properly itemized invoice(s) at Climatec LLC’s current rates.

2.2 If emergency service is requested by the Purchaser and inspection does not reveal any defect for which Climatec LLC is liable under this Agreement, the Purchaser will be charged at Climatec LLC’s current emergency charge rates.

3. Limitations of Liability:

3.1 Climatec LLC shall not be liable for any loss, delay, injury, or damage that may be caused by circumstances beyond its control including, but not restricted to; acts of God, war, civil commotion, acts of government, fire, theft, corrosion, floods, lightning strikes, freezes, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, delays in transportation, shortage of vehicles, fuel, labor or materials, or malicious mischief. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR BUSINESS INTERRUPTION,

LOSSES, OR CONSEQUENTIAL, INDIRECT, SPECIAL OR SPECULATIVE DAMAGES

3.2 Climatec LLC shall not be required to make safety tests, install new devices, or make modifications to any equipment to comply with recommendations or directives of insurance companies, governmental bodies, or for other reasons.

3.3 Climatec LLC shall not be required to make replacements or repairs necessitated by reason of negligence, abuse, misuse, or by reason of any other cause, unless such repairs are necessitated due to the actions or inaction of Climatec LLC, or its employees, representatives, agents, consultants, or subcontractors.

3.4 This Agreement pre-supposes that all equipment is in satisfactory working order. Climatec LLC will inspect the equipment within sixty (60) days after the Effective Date and will advise the Purchaser of any equipment found to be in need of repair. If the Purchaser does not authorize Climatec LLC to make the repairs or if the Purchaser does not have the work performed, the equipment will be eliminated from coverage and the Agreement savings will be adjusted. Maintenance of existing equipment and systems is the responsibility of the Purchaser. Failure to properly maintain equipment and systems can result in reduced energy efficiency and may necessitate a baseline energy adjustment and annual Agreement charge will be proportionately reduced. There may be some equipment which, for reasons beyond Climatec LLC’s control, cannot be inspected before this Agreement takes effect.

Climatec LLC will inspect such equipment on the first visit where the equipment is available.

3.5 The amount of any present or future sales, use, occupancy excise, or other tax (federal, state, or local) which Climatec LLC hereafter shall be obligated to pay, either on its own behalf or on the behalf of the Purchaser or otherwise, with respect to the services covered by this Agreement, shall be paid by the Purchaser.

3.6 If the equipment or software included under this Agreement is altered, modified, or changed by a party other than Climatec LLC, this Agreement shall be modified to incorporate such changes and the Agreement annual charge and/or savings shall be adjusted accordingly.

3.7 Following twelve (12) months of service or any time thereafter, if individual item(s) cannot, in Climatec LLC’s opinion, be properly repaired on-site because of excessive wear or deterioration, Climatec LLC may withdraw the item(s) from coverage upon ninety (90) days prior written notice. Energy savings may be adjusted accordingly.

3.8 This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California.

4. Miscellaneous Provisions:

4.1 Safety and Security:

The services provided hereunder may occur on active Purchaser sites. As such, Climatec LLC shall ensure that its services on and around the Purchaser site comply with all applicable laws, regulations and standards including but not limited to, the fingerprinting requirements of the Education Code and any other legal requirements which may be applicable to Climatec LLC’s activities on or about the Purchaser sites. While the Purchaser shall reasonably assist Climatec LLC in determining the applicable requirements, it shall be Climatec LLC’s sole responsibility for determining and complying with all applicable laws, regulations, and standards. 795
Item5.

City of Escondido
M&V Agreement

Page 4 of 5 ends

4.2 Dispute Resolution:
a. In the event of any dispute whatsoever between the parties, parties shall exhaust every reasonable effort to settle or dispose of the same, including a discussion of the matter between senior executives of each party.
b. Claims between Purchaser and Climatec LLC shall first be resolved using the procedures set forth at California Public Contract Code section 9204. “Claims” are defined, pursuant to California Public Contract Code section 9204, as a separate demand by Climatec LLC for one of the following: a time extension for relief from penalties for delay; payment of money or damages arising from work done; or payment of an amount disputed by Purchaser.
c. Upon receiving a Claim sent by registered or certified mail, Purchaser must review and provide a written response within forty-five (45) days that identifies the disputed and undisputed portions of the claim. The forty-five (45) day period to respond may be extended by mutual agreement between the parties. The Claim is deemed rejected in its entirety if Purchaser does not issue a response. Any payment due on an undisputed portion of the Claim must be processed within sixty (60) days after Purchaser’s response. If a claimant disputes Purchaser’s response or lack thereof, the claimant may demand to meet and confer for settlement of the issues in dispute. Any portion of a Claim that remains in dispute after a meet and confer conference will be subject to nonbinding mediation process, as described in California Public Contract Code section 9204. Undisputed and unpaid Claims accrue interest at seven percent (7%) per annum. A subcontractor or lower tier subcontractor may make a Claim to the Purchaser through Climatec LLC, as specified in California Public Contract Code section 9204. However, the procedures in this section shall not supersede the requirements of the Agreement with respect to Climatec LLC’s notification to Purchaser of such Claim or extend the time for the giving of such notice as provided in the Agreement. d. Any controversy or Claim arising out of or relative to the Agreement, or the breach thereof, not adjusted or disposed of by mutual agreement between the parties as described above, shall be first settled by mediation and then (in the absence of settlement after mediation), by arbitration under the American Arbitration Association Construction Industry Arbitration Rules then in effect, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, and arbitration decision shall be final and binding on the parties and on all parties subject to the following. Said arbitration proceedings shall be filed in the regional office of the American Arbitration Association nearest to Purchaser. All arbitrators shall be bound by the terms of the Agreement. The expenses of any arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence, and counsel.
e. Pending a final resolution of a dispute, the parties shall each proceed diligently and faithfully with performance of their respective obligations under this Agreement.

4.3 Indemnification:

To the extent it may lawfully do so, the parties hereby indemnify, defend (with counsel of its choosing), and holds harmless the other party and its affiliates, directors, representatives, agents, officers, employees and volunteers from and against any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for damages of whatsoever character, nature and kind, whether directly or indirectly arising from any third party actions from injury to or death of persons, and damage to or loss of property to the extent caused by or arising out of or connected with an act or omission of the indemnifying party, or an agent, invitee, guest, employee, or anyone in, on or about the Purchaser sites, including, but not limited to, liability, expense, and claims for: bodily injury, death, personal injury, or property damage caused by negligence, creation or maintenance of a dangerous condition of property, breach of express or implied warranty of product, defectiveness of product, or intentional infliction of harm, including any workers' compensation suits, liability, or expense, arising from or connected with services performed by, or on behalf of the, indemnifying party, by any person pursuant to this Agreement; nonpayment for labor, materials, appliances, teams, or power, performed on, or furnished or contributed to the Purchaser sites. Notwithstanding the above, neither party shall be required to defend, indemnify and hold harmless the other for its own negligent acts and omissions or willful misconduct.

It is the intent of the parties that where negligence is determined to have been joint or contributory, principles of comparative negligence will be followed, and each party shall bear the proportionate cost of any loss damage, expense or liability attributable to that party’s negligence. 796
Item5.

City of Escondido
M&V Agreement

Page 5 of 5 ends

5. Occupational Safety and Health: The parties hereto agree to notify each other immediately upon becoming aware of any alleged violation of, the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site.

6. Entire Agreement: This Agreement, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings.

7. Changes: No change or modification of any of the terms and conditions stated herein shall be binding upon either party unless accepted by both parties in writing.

8. Severability: If one or more of the provisions of this Agreement are held to be unenforceable under laws, such provision(s) shall be excluded from these terms and conditions and the remaining terms and conditions shall be interpreted as if such provision were so excluded and shall be enforced in accordance to their terms and conditions.

9. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. A signature on a copy of this Agreement received by either party by facsimile or portable document format (PDF) is binding upon the other party as an original.

The parties shall treat a photocopy of such facsimile as a duplicate original.

10. Assignment: Climatec LLC retains the right to assign its rights and obligations of this Agreement only with advance written consent of Purchaser.

11. Acknowledgment: Both Climatec LLC and the Purchaser acknowledge having read this Agreement, and all Attachments hereto, and have executed this Agreement on the date written above.

12. Approval: Each party represents that the person that has executed this Agreement on its’ behalf is authorized to do so.

City of Escondido Climatec LLC
Signature Signature
Print Name Print Name
Title Title
Date Date
797
Item5.

City of Escondido
M&V Agreement – Att A

Page 1 of 17 ends

Attachment “A”
Guaranteed Savings Measurement & Verification
798
Item5.

City of Escondido
M&V Agreement – Att A

Page 2 of 17 ends

Guaranteed Savings Measurement & Verification
This document contains the energy savings measurement and verification plan (“M&V Plan”) for the energy conservation measures (“ECMs”) contained in the Installation Agreement. The following table summarizes the ECMs proposed.

TABLE 1.0
Lighting System
Upgrades
HVAC System
Installation
HVAC Control
Upgrades
High Efficiency
Transformers
Solar PV
System
Installation
Process System
Upgrades
X

X X X X X

X X X X X
X X
X X
X X X
X X
X X
X X
X
X X
X X
X X
X
X X X
X X X
X X X
X X X
X X
X X
X X
X X
X X

X X X X
X
X X
X
X X X
X
X
X
X X
X X X
X X
X
X X

X X X X

X X X X X
Vineyard Golf Course
Hale Avenue Resource & Recovery Facility
(HARRF)
Water Treatment Plant (WTP)
Rod McLeod Park
Ryan Park
Washington Park
Dixon Lake Cottage Rental
Reidy Creek Golf Course
Fire Station No. 7
Lake Wohlford Boat House
Library
Mathes Center
Oak Hill Activity Center
Mountain View Park
Park Avenue Community Center
(PACC)/Veterans Center
Mayflower Dog Park
Police and Fire Headquarters (PAFH)
Public Works Yard
Recycling Offices
Ranger Station - Dixon Lake
Ranger Station - Lake Wohlford
Grape Day Park Historical Sites
Jesmond Dene Park
Kit Carson Park
Real Estate Property
Grape Day Park
Fire Station No. 6
Site
Boys and Girls Club/James Stone Pool
City Hall
CCAE & Central Plant
Daley Ranch Maintenance Facility &
Historic House
Done E. Anderson Building
East Valley Community Center
(EVCC)/Heritage Academy
Fire Station No. 1
Fire Station No. 3
Fire Station No. 4
Fire Station No. 5
Fire Station No. 2
799
Item5.

City of Escondido
M&V Agreement – Att A

Page 3 of 17 ends

A specific M&V Plan is submitted for each energy conservation measure (“ECM”) to provide a comprehensive overall plan for Purchaser. Each measure’s M&V Plan provides:
➢ A description of how the savings shall be verified for each ECM. ➢ Selection of specific protocol for verification of savings of each ECM. ➢ Requirements for measurement or other means to establish the ECM savings.

Climatec LLC is responsible for the pre-retrofit measurement, energy savings calculations, equipment installation, and required post-retrofit verification as outlined herein. Purchaser agrees to operate and maintain all equipment installed.

Proper operation and maintenance of equipment and systems is critical to long-term achievement of energy savings.

SAVINGS GUARANTEE
Climatec LLC warrants that Purchaser shall realize total utility savings and total operational savings ("Guaranteed Project Savings") in excess of the total project cost, during the course of the useful life of the equipment (estimated to be 30 years).

The “Guarantee Period” begins on the Effective Date and continues for a term not to exceed 30 years. Climatec LLC agrees to complete the M&V Report on an annual basis and deliver to the Purchaser within sixty (60) days of the anniversary date of the Effective Date and annually thereafter. Project savings that are verified during the course of construction will be applied to the first year guaranteed project savings.

If the annual M&V Report demonstrates that the project will achieve one hundred percent (100%) or more of the project savings needed for the year, then Climatec LLC shall have satisfied its energy performance guarantee obligation and the Purchaser shall accept the annual M&V Report.

In the event that an annual M&V Report savings value (including any excess, unapplied savings from previous years) does not meet the Guaranteed Project Savings required to date in accordance with the M&V Plan, then Climatec LLC shall repair, replace, or substitute the ECM that is not performing at the required level, as identified in the M&V Report, and at Climatec LLC’s expense. Following corrective action, Climatec LLC shall re-perform the relevant M&V work for the affected ECM(s) and amend or supplement the M&V Report. If the sum of the ECMs indicates that the Guaranteed Project Savings are met or exceeded, then no further remedy shall be required.

If, after the opportunity to make corrections, the M&V Report, as amended, indicates that verified savings are less than the Guaranteed Project Savings required at that point of the guarantee, then Climatec LLC shall pay the Purchaser the shortfall amount. However, under no circumstances will the amount(s) paid for the total of the energy savings shortfalls exceed the Installation Agreement’s contract amount.

The Purchaser agrees that project savings, which exceed the guaranteed amount required in any one (1) year, may be applied to future year’s savings to offset an energy savings shortfall. The savings guarantee will remain in effect for the term of this Agreement.

The Utility Baseline Summary, as shown in Attachment B, may be modified over the course of the Guarantee Period to adjust for changes in utility rates, number of days in utility billing cycle, square footage, energy using equipment, building occupancy and weather. This Guaranteed Project Savings is subject to the Purchaser’s adherence to the Standards of Operation for Lighting and HVAC systems, as documented in Attachment C of this Agreement.

MEASUREMENT AND VERIFICATION METHODS
M&V of energy savings is a methodology based on standard industry protocol intended to provide reasonable assurance that energy savings calculated are realized over the term of the Agreement.

The development of the M&V Plan is based on the IPMVP-2022 (International Performance Measurement and Verification Protocol) and the application of sound engineering and business guidelines to the overall need for verification of energy savings for each ECM. This plan contains methodology that shall cost effectively provide assurance of equipment savings through short term or spot measurements, engineering calculations and/or direct utility billing comparisons. The necessary components to a well-established M&V Plan are:
➢ Specific identification of each ECM and proposed M & V reporting requirements for overall savings. ➢ Participation of all parties and any necessary coordination with independent review. 800
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Methods of M&V vary in accordance with the type of project, level of assurance of savings, cost, and availability of data, financing constraints, and energy costs. The methods selected must be cost effective given the financial savings to the Purchaser. The methods used for the ECMs detailed herein were selected to minimize M&V cost while still providing a reasonable assurance of the savings calculations.

The IPMVP-2022 guideline provides the following options related to methodology for M&V:

Option A – Partially Measured Retrofit Isolation. Option A uses a combination of stipulated and/or measured factors to calculate baseline usage and savings associated with the ECM. Spot or short-term measurement would be used for the measured values. Stipulated values are supported by Purchaser input, historical data, or manufacturer data. ➢ Baseline and savings calculations are provided through engineering calculations, component or system models. ➢ Depending on number of points measured, Option A provides the least cost alternative to M&V.

Option B – Retrofit Isolation. Option B provides for measurement to provide data for assessing values or variables. Spot or short-term measurement, taken at the component and/or system level are taken when variations in factors can be accounted for or eliminated. Continuous measurement at the component and/or system level can also be used to account for the variations in factors over time.
➢ Baseline and savings calculations are provided through engineering calculations, component or system models.

Cost is variable depending on the points measured, and the term of the measurement process used. Option B provides a better scenario for ECMs where a small number of factors can be accurately measured with a measurement plan.

Option C – Whole Building. Option C involves the use of utility meters or whole building sub-metering to assess the energy performance of the entire building. After an ECM is implemented the billing data is assessed in accordance with an approved plan to determine actual ECM savings.
➢ Baseline is established through utility data and engineering/regression analysis. ➢ Engineering calculations or modeling initially provides estimated ECM savings. ➢ Actual ECM savings are based on the utility or metered data. Savings must be adjusted for changes in building operation and variables assumed in the engineering calculations or modeling (such as weather, occupancy, etc.). ➢ Cost of this approach is variable based on the availability of utility data, sub-metered data, and overall savings guarantee. If the metered data is used for a savings guarantee, all variables related to building performance must be measured and adjusted, usually on an annual basis. Option C usually requires a substantial amount of time and effort to establish the baseline, provide adjustments and track the savings.

Option D – Calibrated computer simulation. Option D uses computer-modeling techniques to provide an engineering model of component and/or system performance. The inputs to the computer simulation may be made by engineering estimates, short or long term measurements, and utility or other metered data. Once the model is properly calibrated it is used for the establishment of the baseline and savings by changing appropriate inputs. ➢ Baseline is established through a calibration process for the computer modeling. Appropriate measurements and inputs are reflected against regression analysis for the metered data. ➢ Once the model is calibrated and the baseline established inputs are varied for the proposed ECM to establish savings.
➢ Actual ECM savings are stipulated based on the computer model. There may be follow up calibration of the model with the ECM in place to affirm the overall building simulation model. ➢ Cost of this method varies based on the complexity and accuracy of model desired, availability of data and overall measurement required.
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SELECTED MEASUREMENT AND VERIFICATION OPTIONS
For the ECMs covered under this M&V Plan, the table of selected M&V options (Table 1.1) summarizes the proposed IPMVP options selected:

TABLE 1.1
Lighting System
Upgrades
HVAC System
Installation
HVAC Control
Upgrades
High Efficiency
Transformers
Solar PV
System
Installation
Process System
Upgrades
C

C C C C C

C C C C C
A A
A A
A A A
A A
A A
A A
A
A A
A A
A A
A
A A C
A A A
A A A
A A C
A A
A A
A A
A A
A A

A A A A
A
A A
A
A A A
A
A
A
A A
A A C
A A
A
A A

A A A A

A A A A A
Done E. Anderson Building
Site
Boys and Girls Club/James Stone Pool
City Hall
CCAE & Central Plant
Daley Ranch Maintenance Facility &
Historic House
Oak Hill Activity Center
East Valley Community Center
(EVCC)/Heritage Academy
Fire Station No. 1
Fire Station No. 2
Fire Station No. 3
Fire Station No. 4
Fire Station No. 5
Fire Station No. 6
Fire Station No. 7
Lake Wohlford Boat House
Library
Mathes Center
Mayflower Dog Park
Park Avenue Community Center
(PACC)/Veterans Center
Police and Fire Headquarters (PAFH)
Public Works Yard
Ranger Station - Dixon Lake
Ranger Station - Lake Wohlford
Real Estate Property
Recycling Offices
Grape Day Park
Grape Day Park Historical Sites
Jesmond Dene Park
Kit Carson Park
Vineyard Golf Course
Hale Avenue Resource & Recovery Facility
(HARRF)
Water Treatment Plant (WTP)
Mountain View Park
Rod McLeod Park
Ryan Park
Washington Park
Dixon Lake Cottage Rental
Reidy Creek Golf Course
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The particular option selected for each ECM was based on a number of related issues including: ECM cost, ECM savings, cost of M&V and the ability to accurately determine whole building operations.

The baseline and the post-installation energy use depend on various system and external factors, such as energy demand, operating hours, weather conditions, motor loading, energy rates, and occupancy. Development of the baseline, post ECM consumption, cost avoidances and simple payback for each ECM covered by this M&V Plan includes:
➢ Stipulated Values – These values are important in the overall calculations for energy consumption, financial calculations, and operating conditions. Climatec LLC and Purchaser have agreed to these values for purposes of establishing savings.
➢ Developed/Measured Values – These are the values determined by spot or short-term measurement. Values are determined based on a sound engineering approach to variable determination. Both values used for baseline consumption and values to be measured/determined as parts of the post ECM implementation are detailed. ➢ Assumptions – Some values that are assumed in order to calculate energy use are necessary in certain circumstances.
➢ Calculations – The necessary calculations for baseline energy and demand usage, the calculation of the energy and demand components with implementation of the ECM, the calculation of costs, and annual savings are the primary tool for assessing the estimated and actual savings of any ECM. ➢ Instrumentation – The type and specifications, if applicable, for any instrumentation used for developed/measured values is provided to ensure appropriate meters and measurement equipment is used for specified applications.
➢ Pre-Retrofit Measurements – Each ECM may have a section detailing the measurements required prior to the retrofit. These measurements are used to establish the baseline or adjustments required to establish an accurate baseline.
➢ Post-Retrofit Measurements – Each ECM may have a section that details the measurements required if any after the retrofit is completed. This section is utilized to detail the type of measurements required for verification of the energy savings calculations.
➢ Adjustments – Each ECM may have a section for adjustments. This section includes possible adjustments to the actual Energy Audit Report and energy information, appropriate adjustments to the M&V Plan, and adjustments to any savings guarantee. This section is utilized to anticipate changes necessary due to field conditions and provide an appropriate response in the verification of actual energy and cost avoidances. ➢ Commissioning – Each ECM may have a section regarding the commissioning process. This provides the detail for how the savings will be verified upon project completion, and the type of inspection that will be completed, and the billing method for verified savings. This section is utilized to provide a standard approach for each ECM upon project completion.

Climatec LLC will follow the agreed-upon M&V protocols for the measurement period and will prepare post-installation reports with supporting documentation for the Purchaser. The cost of M&V is included in the project cash flow requirements.
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SPECIFIC MEASUREMENT AND VERIFICATION PLAN
“OPTION A”

FOR LIGHTING SYSTEM UPGRADES
Introduction
This M&V Plan is specific to all lighting retrofits and occupancy sensor installations. The sites receiving these upgrades are listed in the table of recommended measures located at the beginning of this Attachment.

M&V Protocol
For this ECM, IPMVP Protocol – Option A shall be utilized. This option provides for the measurement of at least one variable pre- and post-retrofit with other variables allowed for stipulation. For this retrofit, a representative sample of each of the fixture types will be measured. The same sample will be used for both pre- and post-retrofit calculations.

Wattage shall be measured with an appropriate instrument that is properly calibrated.

Light Levels
A representative sample of the light levels shall be measured. Where rooms have similar or identical lighting design, it is not required that each room be measured. Light levels shall be measured by an appropriate instrument that is properly calibrated. Light level measurements apply to both pre- and post-retrofit areas and shall be recorded at the work surface.

Where rooms do not have a specific work surface (such as gymnasiums) light levels shall be measured at the floor.

Documentation
All areas measured shall be documented. The data shall indicate areas that do not meet IESNA standard light level requirements. All instrumentation used shall be clearly documented.

Stipulated Values
Operating hours are stipulated for purposes of M&V. Please see Attachment C, Lighting Standards of Operation for a complete list of lighting hours of operation. Stipulated values are agreed to by the Purchaser.

Savings Calculations
The calculations for the baseline energy consumption and post-retrofit savings provide the basis for the overall financial viability of this ECM.
kWh and/or kW Savings
The electrical consumption reduction of a particular lighting ECM is determined by comparing the pre- and postconditions applied to the hours agreed upon in the Standards of Operation. {[(Existing watts/fixture) x (existing quantity) x (existing hours of operation)] – [(proposed watts/fixture) x (proposed quantity) x (proposed hours of operation)} / 1000 = kWh savings Dollar Savings
After calculating the kWh saved, the specific facility’s average cost per kilowatt-hour shall be used to determine dollar savings.
(kWh saved) x (average kWh rate) = $ kWh saved
($ kWh saved) = the total dollars saved
Operational Savings
The Purchaser will realize maintenance and operational savings resulting from the new lighting system installations, extended warranties, and/or service agreements provided by Climatec LLC. The operational savings are stipulated and met upon the completed installation of the Installation Agreement. 804
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Adjustments
For this ECM the following adjustments are allowed for purposes of M&V:
➢ Light level requirements may be modified as detailed in this plan. ➢ Changes in actual construction including number and/or type of fixtures. All changes shall be clearly documented and provided to the Purchaser’s representative. ➢ Utility rates, billing days or degree-days.

Commissioning
Commissioning shall consist of inspections and a final savings verification report. Inspections shall consist of:
➢ During the construction phase of the project, Climatec LLC shall keep a detailed record of the quantity and types of fixtures retrofitted and fixtures installed in each building. A post construction inspection is required by the responsible M&V party.
➢ After lighting modifications have been made, the installations shall be inspected to verify the retrofit counts by fixture code.
➢ Post-retrofit lighting levels shall be measured to verify compliance with the contract standards. 805
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SPECIFIC MEASUREMENT AND VERIFICATION PLAN
“OPTION A”

FOR HVAC SYSTEMS INSTALLATION
Introduction
This M&V Plan is specific to the installation of new high efficiency HVAC units at the sites listed in the Table of Recommended Measures located at the beginning of this Attachment.

M&V Protocol
For this ECM, IPMVP Protocol – Option A shall be utilized. This option shall provide for the measurement of at least one variable pre- and post-retrofit with other variables allowed for stipulation. For this retrofit, field data shall be collected which includes, unit counts, unit tonnage, nameplate horsepower and efficiency rating for each existing HVAC system.

Stipulated Values
Hours of operation, heating/cooling loads and runtime hours of the existing HVAC systems are stipulated for purposes of M & V. Please refer to Attachment C, HVAC Standards of Operation in this Agreement for specific operating hours and runtime hours for each HVAC unit or area. Stipulated values are agreed to by Purchaser.

Calculations
The calculations for the baseline energy consumption and post-retrofit savings provide the basis for the overall financial viability of these ECMs. The following equations summarize the calculation of savings:

Electric (kWh) Savings
The electrical usage reduction of this ECM is determined by the following equation:
((Size of Existing HVAC Unit) x (Unit Efficiency) x (Stipulated Load Factor) - (Size of New Cooling Unit) x (Unit Efficiency) x (Stipulated Load Factor)) x (Annual Operating Hours) = kWh Savings Dollar Savings
After calculating the kWh saved, the specific facility’s average cost per kilowatt-hour shall be used to determine dollar savings.
(kWh saved) x (average kWh rate) = $ kWh saved
($ kWh saved) = Total dollars saved
Operational Savings
The Purchaser will realize maintenance and operational savings resulting from the new system installations, extended warranties, and/or service agreements provided by Climatec LLC. The operational savings are stipulated and met upon the completed installation of the Installation Agreement.

Pre-Retrofit Measurements
None required for this ECM.

Post-Retrofit Measurements
None required for this ECM.

Adjustments
None required for this ECM.

Commissioning
Commissioning shall consist of inspections, and a final commissioning report. The inspections and report shall consist of:
➢ Commissioning of the newly installed HVAC equipment shall include verification that each new unit is operating, as specified, in all modes (heat/cool).
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SPECIFIC MEASUREMENT AND VERIFICATION PLAN
“OPTION A”

FOR HVAC CONTROLS UPGRADE
Introduction
This M&V Plan is specific to the Energy Management System (“EMS”) upgrades at the sites listed in the Table of Recommended Measures located at the beginning of this Attachment.

M&V Protocol
For this ECM, IPMVP Protocol – Option A shall be utilized. This option shall provide for the measurement of at least one variable pre- and post-retrofit with other variables allowed for stipulation. The cooling and heating setpoints during occupied and unoccupied modes of the HVAC equipment will be verified and documented. For this retrofit, field data shall be collected which includes, unit counts, unit tonnage, nameplate horsepower, efficiency rating, operating schedules, cooling and heating temperature setpoints for each HVAC system.

Stipulated Values
Hours of operation and heating/cooling load factors are stipulated for purposes of M&V. Please refer to the Attachment C, HVAC Standards of Operations for specific existing and proposed operating hours for each HVAC unit or area.

Stipulated values are agreed to by Purchaser.

Calculations
The calculations for the baseline energy consumption and post-retrofit savings provide the basis for the overall financial viability of these ECMs. Post-retrofit operating schedules and trend reports will be used to verify the inputs such as operating hours, cooling/heating temperature setpoints that are used in the calculations to validate the savings. The following equations summarize the calculation of savings:

Electric (kWh) Savings
The electrical usage reduction of this ECM is determined by applying the stipulated runtime reduction to the calculated energy usage of the HVAC unit.
(Size of HVAC unit) x (Unit efficiency) x (Stipulated load factor) x (Existing annual operating hours – Proposed annual operating hours) = kWh savings
Natural Gas (Therms) Savings
The natural gas usage reduction of this ECM is determined by applying the stipulated runtime reduction to the calculated energy usage of the HVAC unit.
(Size of Heating unit) x (Unit efficiency) x (Stipulated load factor) x (Existing annual operating hours – Proposed annual operating hours) = Therm savings
Dollar Savings
After calculating the kWh saved and the Therms saved, the specific facility’s average cost per kilowatt-hour and the average cost per Therm of natural gas shall be used to determine dollar savings. (kWh saved) x (average kWh rate) = $ kWh saved
(Therms saved) x (average Therm rate) = $ Therms saved
($ kWh saved) + ($ Therms saved) = Total dollars saved
Operational Savings
The Purchaser will realize maintenance and operational savings resulting from the new system installations, extended warranties, and/or service agreements provided by Climatec LLC. The operational savings are stipulated and met upon the completed installation of the Installation Agreement. 807
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Pre-Retrofit Measurements
Existing operating hours and cooling/heating temperature setpoints for each HVAC unit or area will be obtained from current thermostats/BAS.

Post-Retrofit Measurements
Post-retrofit operating schedules, cooling and heating temperature setpoints in both occupied and unoccupied modes for the HVAC equipment will be obtained using the new controls system.

Adjustments
For this ECM the following adjustments are allowed for purposes of M&V:
➢ Addition or subtraction to the conditioned square footage of facilities ➢ Utility rates, billing days or degree-days
➢ Equipment changes
➢ Increase or decrease in facility usage as associated with daily occupancy times and special events Commissioning
Commissioning shall consist of inspections, and a final commissioning report. The inspections and report shall consist of:
➢ Commissioning of the newly installed EMS shall include verification that the operating schedules, cooling and heating temperature set points and the control sequences for the HVAC equipment have been programmed as specified.
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SPECIFIC MEASUREMENT AND VERIFICATION PLAN
“OPTION A”

FOR PROCESS SYSTEM UPGRADES
Introduction
This Measurement and Verification Plan (M&V) is specific to the pump motors replacement, aeration mixers and installation of variable frequency drives on motors. The sites receiving these upgrades are listed in the table of recommended measures located at the beginning of this Attachment.

M&V Protocol
For this ECM, IPMVP Protocol – Option A shall be utilized. Measurements will include the key performance parameters that define the energy use of the ECM. Estimated factors are supported by historical or manufacturer’s data. Savings are determined by means of engineering calculations of baseline and reporting period energy use based on measured and estimated values.

Stipulated Values
Hours of Operation and motor load factors of the existing systems are stipulated for purposes of M & V.

Calculations
The calculations for baseline energy consumption and post-retrofit savings provide the basis for the overall financial viability of these ECMs. The following equations summarize the calculation of savings:

Electric (kWh) Savings
Electrical demand and consumption savings are determined according to the equation given below for each fan/pump.

𝐴𝑛𝑛𝑢𝑎𝑙 𝐵𝑖𝑙𝑙𝑒𝑑 𝐷𝑒𝑚𝑎𝑛𝑑 𝑆𝑎𝑣𝑒𝑑 (𝑘𝑊)
= (𝐸𝑥𝑖𝑠𝑡𝑖𝑛𝑔 𝑀𝑎𝑥 𝑃𝑜𝑤𝑒𝑟 (𝑘𝑊) − 𝑃𝑟𝑜𝑝𝑜𝑠𝑒𝑑 𝑀𝑎𝑥 𝑃𝑜𝑤𝑒𝑟 (𝑘𝑊)) ∗ 12 𝐴𝑛𝑛𝑢𝑎𝑙 𝑆𝑎𝑣𝑖𝑛𝑔𝑠 (𝑘𝑊ℎ) = (𝐵𝑎𝑠𝑒𝑙𝑖𝑛𝑒 𝑘𝑊 −𝑃𝑜𝑟𝑝𝑜𝑠𝑒𝑑 𝑘𝑊)𝑥 𝐴𝑛𝑛𝑢𝑎𝑙 𝑂𝑝𝑒𝑟𝑎𝑡𝑖𝑛𝑔 𝐻𝑜𝑢𝑟𝑠 Dollar Savings
After calculating the electrical energy and demand saved as a result of the ECM, the applicable utility tariff in the current year of analysis for each specific facility shall be used to determine dollar savings according to the equation given below.

𝐶𝑜𝑠𝑡 𝑆𝑎𝑣𝑖𝑛𝑔𝑠 ($) =
[𝐷𝑒𝑚𝑎𝑛𝑑 𝑆𝑎𝑣𝑒𝑑(𝑘𝑊) ∗ 𝐷𝑒𝑚𝑎𝑛𝑑 𝑅𝑎𝑡𝑒($/𝑘𝑊)]+
[𝐶𝑜𝑛𝑠𝑢𝑚𝑝𝑡𝑖𝑜𝑛 𝑆𝑎𝑣𝑒𝑑 (𝑘𝑊ℎ) ∗ 𝐶𝑜𝑛𝑠𝑢𝑚𝑝𝑡𝑖𝑜𝑛 𝑅𝑎𝑡𝑒 ($/𝑘𝑊ℎ)]
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Pre-Retrofit Measurements
➢ Nameplate motor data such as:
• Motor horsepower
• Fan/pump motor RPM
• Motor enclosure type
• Motor efficiency
➢ VFD rated efficiency. This information is obtained from manufacturer’s specifications. • System Operations
o Determinants of motor speed. Possible determinants are the facility operation schedule or the plant production level.
o Facility operation schedule. Obtained from facility operator. o Facility production level. This information is obtained from the facility operator.

Post Retrofit Measurements
• True RMS power. This plan prefers a trend log of true poly-phase RMS power for the circuit powering the process pump/mixer motor, and 15-minute intervals are desired for the trend data. In general terms, a measurement period should be long enough to observe significant variation of dependent operating variables to reduce uncertainty in the annualized estimate.
• Alternative power measurement. In lieu of true power trending, it is acceptable to use trending of current combined with one-time true power measurement of the circuit powering the VFD at three levels of percent speed, including one at 100% speed.
• VFD speed measurement. Coincident with the power trending, the VFD percent speed or hertz should also be trended.
• Maximum power point. This is the power, in kilowatts, at 100% speed for the VFD. 810
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SPECIFIC MEASUREMENT AND VERIFICATION PLAN
“OPTION A”

FOR HIGH EFFICIENCY TRANSFORMER UPGRADES
Introduction
This Measurement and Verification Plan (M&V) is specific to all high efficiency transformer upgrades. The sites receiving these upgrades are listed in the table of recommended measures located at the beginning of this Attachment.

M&V Protocol
For this ECM, IPMVP Protocol Option A- Retrofit Isolation shall be utilized. This option is based on a combination of measured and estimated factors when variations in factors. Measurements are short-term, periodic, or continuous, and are taken at the component or system level for both the baseline and the retrofit equipment. Estimated factors are supported by historical or manufacturer’s data. Savings are determined by means of engineering calculations of baseline and reporting period energy use based on measured and estimated values. Hours of operation are stipulated for the purposes of M&V.

The following electrical system data will be measured and logged over a 15 minute period when the transformers are operating under typical conditions for the facility. Field measurements will be taken for both the old and new transformers under similar electrical load conditions with appropriately calibrated instruments. ➢ Transformer Losses
➢ Transformer Loading (kW)
➢ Power Quality Data
➢ Other measured parameters include voltages, currents, power factor, etc.

Calculations
The calculations for the baseline electrical demand and consumption and post retrofit savings provide the basis for the overall financial viability of this ECM.

Electric (kWh) Savings
The electrical consumption reduction of a transformer replacement is determined by comparing the measurements specified above at pre and post conditions within the typical loading range. Electrical demand and consumption savings are determined according to the equation given below for each transformer. kWh Savings = [Existing Transformer Losses (kW) – Replacement Transformer Losses (kW)] x Operating hours Dollar Savings
After calculating the kWh saved, the specific facility’s average cost per kilowatt hour shall be used to determine dollar savings.
(kWh saved) x (average kWh rate) = $ kWh saved
($ kWh saved) = Total dollars saved
Adjustments
For this ECM the following adjustments are allowed for purposes of Measurement and Verification:
➢ Changes in utility rates and tariffs
➢ Changes in the transformer usage or load profile as a result of facility alterations ➢ Modifications or removal of transformers after the guarantee period has started ➢ Variations in actual construction including number and/or type of transformers installed 811
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Commissioning
Commissioning shall consist of on-site inspections, a field measurement report, and a final savings verification report.

The savings validation and commissioning procedure is outlined below:
➢ Prior to replacement, implement the test plan on the existing transformers as a record of the pre-retrofit conditions and electrical measurements (losses and loading). ➢ For each new transformer that replaces a transformer measured as part of the baseline, measure each new unit after installation per its test plan following the same protocol as used before. ➢ Additional energy measurements will not be done on a scheduled basis but may be completed if substantial changes in the transformer load or performance are identified. ➢ Compare the before and after measurements and compile the results into a post-installation M&V report detailing the electrical savings achieved as a result of this ECM. 812
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SPECIFIC MEASUREMENT AND VERIFICATION PLAN
“OPTION C”
FOR WHOLE FACILITY UPGRADE WITH MULTIPLE ECMs
Introduction
This Measurement and Verification Plan (M&V) is designed to assess the impact of multiple energy conservation measures and solar PV systems installed at the same facility. The sites which qualify for this M&V Plan are listed in the table of recommended measures located at the beginning of this Attachment.

M&V Protocol
For sites with multiple interactive ECMs, IPMVP Protocol – Option C shall be utilized. This option involves use of utility meters, whole-facility meters, or sub-meters to assess the energy performance of a total facility. Facility characteristics and energy consumption information must be collected for the entirety of the baseline and reporting periods. This Option determines the collective savings of all ECMs applied to the part of the facility monitored by the energy meter.

Independent Variables
Regularly changing parameters affecting a facility’s energy use are called independent variables. Common independent variables are weather, occupancy, and utility tariffs. All independent variables for the facility will be measured and recorded at the same time as the energy data. For example, weather data will be recorded daily so they can be totaled to correspond with the exact monthly energy-metering period, which may be different from the calendar month.

Static Factors
Parameters that may affect a facility’s energy consumption which are not likely to change during the reporting period are known as static factors. Common static factors for a whole facility retrofit may include the facility square footage, building envelope characteristics, and internal plug-loads. In order to accurately analyze the effects of the building retrofit, any changes of the static factors between the baseline and reporting periods must be documented and accounted for. It is the customer’s responsibility to document and report any and all changes of static factors to Climatec LLC as they occur. On an annual basis, Climatec LLC will conduct a facility review to determine if any major changes to any static factors have occurred which were not previously reported by the customer.

Savings Calculations
The calculations for the baseline energy consumption and post retrofit savings are completed in accordance with the industry guidelines set forth in IPMVP (2022) & ASHRAE (2022). kWh and/or kW Savings
The electrical consumption reduction of the facility shall be reported as “Avoided Energy Use” in which the savings are stated under the conditions of the Reporting Period. Avoided energy use quantifies savings in the reporting period relative to what energy use would have been without the ECM(s).

𝐴𝑣𝑜𝑖𝑑𝑒𝑑 𝐸𝑛𝑒𝑟𝑔𝑦 𝑈𝑠𝑒 (𝑜𝑟 𝑆𝑎𝑣𝑖𝑛𝑔𝑠) = (𝐵𝑎𝑠𝑒𝑙𝑖𝑛𝑒 𝐸𝑛𝑒𝑟𝑔𝑦 ±
𝑅𝑜𝑢𝑡𝑖𝑛𝑒 𝐴𝑑𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡𝑠 𝑡𝑜 𝑟𝑒𝑝𝑜𝑟𝑡𝑖𝑛𝑔 𝑝𝑒𝑟𝑖𝑜𝑑 𝑐𝑜𝑛𝑑𝑖𝑡𝑖𝑜𝑛𝑠 ±
𝑁𝑜𝑛 𝑅𝑜𝑢𝑡𝑖𝑛𝑒 𝐴𝑑𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡𝑠 𝑡𝑜 𝑟𝑒𝑝𝑜𝑟𝑡𝑖𝑛𝑔 𝑝𝑒𝑟𝑖𝑜𝑑 𝑐𝑜𝑛𝑑𝑖𝑡𝑖𝑜𝑛𝑠) − 𝑅𝑒𝑝𝑜𝑟𝑡𝑖𝑛𝑔 𝑃𝑒𝑟𝑖𝑜𝑑 𝐸𝑛𝑒𝑟𝑔𝑦 Dollar Savings
Cost savings are determined by applying the appropriate price schedule in the following equation:

𝐶𝑜𝑠𝑡 𝑆𝑎𝑣𝑖𝑛𝑔𝑠 = 𝐶𝑏 − 𝐶𝑟
𝑊ℎ𝑒𝑟𝑒:

𝐶𝑏: 𝐶𝑜𝑠𝑡 𝑜𝑓 𝑡ℎ𝑒 𝑏𝑎𝑠𝑒𝑙𝑖𝑛𝑒 𝑒𝑛𝑒𝑟𝑔𝑦 𝑝𝑙𝑢𝑠 𝑎𝑛𝑦 𝑎𝑑𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡𝑠
𝐶𝑟: 𝐶𝑜𝑠𝑡 𝑜𝑓 𝑡ℎ𝑒 𝑟𝑒𝑝𝑜𝑟𝑡𝑖𝑛𝑔 𝑝𝑒𝑟𝑖𝑜𝑑 𝑒𝑛𝑒𝑟𝑔𝑦 𝑝𝑙𝑢𝑠 𝑎𝑛𝑦 𝑎𝑑𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡𝑠 Costs will be determined by applying the applicable rates that were effective during the reporting period in computing both Cb and Cr. Since energy savings are being reported as avoided energy, the price schedule of the 813
Item5.

City of Escondido
M&V Agreement – Att A

Page 17 of 17 ends

reporting period will be used to compute the “avoided cost” on a meter by meter basis. The price schedule will be obtained from the energy supplier and will include all elements that are affected by metered amounts, such as consumption charges, demand charges, transformer credits, power factor, demand ratchets, and fuel price adjustments. In the event of a significant decrease in energy prices, the price schedule used for savings reporting will be that which prevailed at the time of commitment to the investment.

Adjustments
All adjustments will be computed from identifiable physical facts about the energy governing characteristics of equipment within the measurement boundary. Two types of adjustments are possible:

Routine AdjustmentsRoutine adjustments are used to account for changes in any energy-governing factors, expected to change routinely during the reporting period, such as weather. This is completed by developing a valid mathematical model of each meter’s energy-use pattern. Although model specifics may vary from meter to meter, typically the baseline model includes factors derived from regression analysis, which correlates energy to one or more independent variables such as occupancy, degree days, and metering period length. Current values of independent variables over the reporting period are then inputted into the baseline model to predict what the baseline energy consumption would have been had not ECMs been installed.

Non-Routine Adjustments
Non-Routine adjustments are used for static energy-governing factors, which are not expected to change, such as: the facility size, the design and operation of installed equipment, or the type of occupancy. All changes to static factors must be documented and reported, as they occur in order to properly quantify the impacts they have on a facilities energy-use pattern. Due to the unpredictable nature and infrequence of static factor changes, customized adjustments will be based on industry standards and sound engineering principals as they pertain to the specific system in question.
814
Item5.

City of Escondido
M&V Agreement – Att B

Page 1 of 3 ends

Attachment “B”
Utility Baseline Summary
815
Item5.

City of Escondido
M&V Agreement – Att C

Page 2 of 3 ends

816
Item5.

City of Escondido
M&V Agreement – Att C

Page 3 of 3 ends

817
Item5.

City of Escondido
M&V Agreement – Att C
Attachment “C”
Standards of Operation for HVAC & Lighting
818
Item5.

City of Escondido
M&V Agreement – Att C

STANDARDS OF OPERATION
The hours of operation for the Purchaser’s HVAC and lighting systems, located on the following pages, were used to calculate the energy savings for this Agreement and will be used in all M&V calculations. 819
Item5.

Start Time Stop Time Start Time Stop Time
Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² Occupied Setpoint will have ± 2°F Local Adjustability² Areas with Motion Sensors²: Areas with Motion Sensors²:

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² Occupied Setpoint will have ± 2°F Local Adjustability² Areas with Motion Sensors²: Areas with Motion Sensors²:

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Council Chambers Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² Occupied Setpoint will have ± 2°F Local Adjustability² Areas with Motion Sensors²: Areas with Motion Sensors²:

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Event Spaces Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² Occupied Setpoint will have ± 2°F Local Adjustability² Areas with Motion Sensors²: Areas with Motion Sensors²:

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Offices 30 Min Before Start of Business
Day
Close of
Business Day
Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² Occupied Setpoint will have ± 2°F Local Adjustability² Areas with Motion Sensors²: Areas with Motion Sensors²:

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Fire Station No. 4 Building Automation
System
Dormatory
Kitchen
Gathering Spaces
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

Fire Station No. 3 Building Automation
System
Dormatory
Kitchen
Gathering Spaces
N/A
HVAC provided by Local Button Overrides2
Fire Station No. 2 Building Automation
System
Dormatory
Kitchen
Gathering Spaces
N/A
HVAC provided by Local Button Overrides2
Daley Ranch Historic
House
WiFi Programmable
Thermostats
HVAC provided by Local Button Overrides2
Fire Station No. 1 Building Automation
System
Dormatory
Kitchen
Gathering Spaces
N/A
HVAC provided by Local Button Overrides2
East Valley Community
Center (EVCC)
Building Automation
System
Offices
Gymnasiums
Classrooms
Gathering Spaces
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

HVAC provided by Local Button Overrides2 HVAC provided by Local Button Overrides2 HVAC provided by Local Button Overrides2 HVAC provided by Local Button Overrides2 City Hall Building Automation
System
Offices
Conference Rooms
Lobby
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

HVAC provided by Local Button Overrides2 HVAC provided by Local Button Overrides2 General City Energy
Policy
WiFi Programmable
Thermostats & Energy
Management System
All Space Types
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

Facility Control System Area Served Business Day HVAC Schedule Non-Business Day HVAC Schedule Temperature Setpoints Cooling (All Areas) Heating (All Areas)
City of Escondido HVAC Standards of Operations
CCAE & Central Plant Building Automation
System
Offices
Conference Rooms
Gathering Spaces
Theater
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

HVAC provided by Local Button Overrides2
Don E. Anderson
Building
WiFi Programmable
Thermostats
Offices
Classrooms
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Home Spaces
(Typically unoccupied)
24/7
24/7
24/7
24/7
820
Item5.

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F General City Energy
Policy
WiFi Programmable
Thermostats & Energy
Management System
All Space Types
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

Facility Control System Area Served Business Day HVAC Schedule Non-Business Day HVAC Schedule Temperature Setpoints Cooling (All Areas) Heating (All Areas)
City of Escondido HVAC Standards of Operations
Offices 30 Min Before Start of Business
Day
Close of
Business Day
Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² Occupied Setpoint will have ± 2°F Local Adjustability² Areas with Motion Sensors²: Areas with Motion Sensors²:

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Special Events Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² Occupied Setpoint will have ± 2°F Local Adjustability² Areas with Motion Sensors²: Areas with Motion Sensors²:

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Activity Spaces Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² Occupied Setpoint will have ± 2°F Local Adjustability² Areas with Motion Sensors²: Areas with Motion Sensors²:

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F 24/7 Areas Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² Occupied Setpoint will have ± 2°F Local Adjustability² Areas with Motion Sensors²: Areas with Motion Sensors²: Public Works Yard WiFi Programmable Thermostats
Offices
Conference Rooms
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Police & Fire
Headquarters (PAFH)
Building Automation
System
Offices
Conference Rooms
Lobby
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.
24/7 24/7
Park Ave. Community
Center (PACC)
Building Automation
System
Offices
Classrooms
Activity Areas
Cafeteria
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

HVAC provided by Local Button Overrides2
Oak Hill Activity Center WiFi Programmable
Thermostats
Office 30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

HVAC provided by Local Button Overrides2 HVAC provided by Local Button Overrides2 Mathes Center WiFi Programmable
Thermostats
Offices
History Archives
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

HVAC provided by Local Button Overrides2 HVAC provided by Local Button Overrides2 Library Building Automation
System
Offices
Conference Rooms
Study / Reading Areas
Lobby
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

HVAC provided by Local Button Overrides2 HVAC provided by Local Button Overrides2 Fire Station No. 7 Building Automation
System
Dormatory
Kitchen
Gathering Spaces
N/A
HVAC provided by Local Button Overrides2
Fire Station No. 6 Building Automation
System
Dormatory
Kitchen
Gathering Spaces
N/A
HVAC provided by Local Button Overrides2
Fire Station No. 5 Building Automation
System
Dormatory
Kitchen
Gathering Spaces
N/A
HVAC provided by Local Button Overrides2
HVAC provided by Local Button Overrides2
24/7
24/7
24/7
HVAC provided by Local Button Overrides2
821
Item5.

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F General City Energy
Policy
WiFi Programmable
Thermostats & Energy
Management System
All Space Types
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

Facility Control System Area Served Business Day HVAC Schedule Non-Business Day HVAC Schedule Temperature Setpoints Cooling (All Areas) Heating (All Areas)
City of Escondido HVAC Standards of Operations
Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² Occupied Setpoint will have ± 2°F Local Adjustability² Areas with Motion Sensors²: Areas with Motion Sensors²:

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Gathering Spaces Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² Occupied Setpoint will have ± 2°F Local Adjustability² Areas with Motion Sensors²: Areas with Motion Sensors²:

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Museum Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² Occupied Setpoint will have ± 2°F Local Adjustability² Areas with Motion Sensors²: Areas with Motion Sensors²:

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Event Spaces Occupied Setpoint²: 90 °F Occupied Setpoint²: 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 5°F Local Adjustability² °F Occupied Setpoint will have ± 5°F Local Adjustability² °F Areas with Motion Sensors²: °F Areas with Motion Sensors²: °F Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F 0 Occupied Setpoint will have ± 2°F Local Adjustability² °F Occupied Setpoint will have ± 2°F Local Adjustability² °F 0 Areas with Motion Sensors²: °F Areas with Motion Sensors²: °F 0 Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F 0 Event Spaces Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F 0 Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Offices
Gathering Spaces 30 Min Before Start of Business
Day
Close of
Business day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

WiFi Programmable
Thermostats Washington Park
HVAC provided by Local Button Overrides2 HVAC provided by Local Button Overrides2 Dixon Lake Cottage
Rental
WiFi Programmable
Thermostats
Unoccupied mode with
Local Button Override option.

Reidy Creek Golf
Course
Kit Carson Park WiFi Programmable
Thermostats
Offices 30 Min Before Start of Business
Day
Close of
Business day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

HVAC provided by Local Button Overrides2 HVAC provided by Local Button Overrides2 Grape Day Park
Historical Sites
WiFi Programmable
Thermostats
Offices 30 Min Before Start of Business
Day
Close of
Business day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

HVAC provided by Local Button Overrides2 HVAC provided by Local Button Overrides2 Recycling Offices WiFi Programmable
Thermostats
Offices 30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Real Property WiFi Programmable
Thermostats
Offices 30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

HVAC provided by Local Button Overrides2
Ranger Station - Lake
Wohlford
WiFi Programmable
Thermostats
Offices 30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

HVAC provided by Local Button Overrides2
Ranger Station - Dixon
Lake
WiFi Programmable
Thermostats
Offices 30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

WiFi Programmable
Thermostats
Offices
Lobby
Restaurant
Retail
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

HVAC provided by Local Button Overrides2 HVAC provided by Local Button Overrides2 Offices
HVAC provided by Local Button Overrides2 Home Spaces
822
Item5.

Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F General City Energy
Policy
WiFi Programmable
Thermostats & Energy
Management System
All Space Types
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

Facility Control System Area Served Business Day HVAC Schedule Non-Business Day HVAC Schedule Temperature Setpoints Cooling (All Areas) Heating (All Areas)
City of Escondido HVAC Standards of Operations
Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² °F Occupied Setpoint will have ± 2°F Local Adjustability² °F Areas with Motion Sensors²: °F Areas with Motion Sensors²: °F Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F Event Spaces Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² °F Occupied Setpoint will have ± 2°F Local Adjustability² °F Areas with Motion Sensors²: °F Areas with Motion Sensors²: °F Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F 24 hour office spaces Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F Occupied Setpoint²: 76 °F (+/-2) Occupied Setpoint²: 68 °F (+/-2) Unoccupied Setpoint: 90 °F Unoccupied Setpoint: 55 °F
Occupied Setpoint will have ± 2°F Local Adjustability² °F Occupied Setpoint will have ± 2°F Local Adjustability² °F Areas with Motion Sensors²: °F Areas with Motion Sensors²: °F Soft Set Back (No Motion for 15 minutes): 80 °F Soft Set Back (No Motion for 15 minutes): 64 °F 24 hour office spaces Hard Set Back (No Motion for 30 minutes): 90 °F Hard Set Back (No Motion for 30 minutes): 55 °F

2. Only the newly installed control systems will be capable of these features (local setpoint adjustments and set back controls). It is recommened as part of the City Energy Policy that these spaces be used for any before/after/special event Bldg activities.

1. Optimum Start required per 2019 Title 24 for systems with DDC Building Automation. Optimum Start is a control strategy implemented through alogorithms programmed to "learn" the precise time required for the HVAC system to reach setpoint through historical evaluations of building Water Treatment Plant WiFi Programmable
Thermostats
Offices
Conference Rooms
Lobby
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.
24/7 24/7
Vineyard Golf Course WiFi Programmable
Thermostats
Offices
Lobby
Restaurant
Retail
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.

Special Event scheduling.

HVAC provided by Local Button Overrides2 HVAC provided by Local Button Overrides2 HARRF Building Automation
System
Offices
Conference Rooms
Lobby
30 Min Before Start of Business
Day
Close of
Business Day
Unoccupied mode with
Local Button Override option.
24/7 24/7
823
Item5.

City of Escondido Lighting Standards of Operation
Site Name 24/7
Admin
Open
area Dorm
Dusk/
<Dawn
Dusk/
<Dawn/
Sports
Dusk/
Dawn Garage
Gym/
MPR Hallway Kitchen
Mech/
Elec/
Strg
Office
Admin
Private
Restroom Process Restroom
Boys & Girls Club / Jim Stone
Pool 4380 400
City Hall & CCAE 8760 3500 4380 3950 400 2600 3300
Community Child Development
Center 2600
Daley Ranch Maintenance
Facility 4380 2000 2600
Don E. Anderson Building 2600
East Valley Community Center
("EVCC") / Heritage Academy 2950 4380 3550 3550 3300
Fire Station No. 1 8760 1500 300 4380 3000 1300 1300 400 2600 950 3300 Fire Station No. 2 1500 300 4380 3000 1300 1300 400 2600 3300 Fire Station No. 3 1500 300 4380 3000 1300 1300 400 2600 3300 Fire Station No. 4 1500 300 4380 3000 1300 1300 400 2600 3300 Fire Station No. 5 1500 300 4380 3000 1300 1300 400 2600 3300 Fire Station No. 6 1500 300 4380 3000 1300 1300 400 2600 950 Fire Station No. 7 1500 300 4380 3000 1300 1300 400 2600 3300 Hale Avenue Resource &
Recovery Facility ("HARRF") 3500 600 4380 3900
Hubbard Hill 4380 400
Lake Wohlford Boat House 3500 4380 2600
Leased Industrial Building
(vacant) 4380 400
Library 8760 3500 4380 3950 2500 400 2600 3300
Mathes Center 3500 4380 3950 400 2600 3300
North County Mall 4380 400
Oak Hill Activity Center 1200 4380 400 1200 1200
Park Avenue Community Center
("PACC") / Veterans Center 3500 4380 3950 2500 400 3300 Police and Fire Headquarters
("PAFH") 3500 4380 4800 400 2600 3300
Public Works Yard 2600
824
Item5.

Site Name 24/7
Admin
Open
area Dorm
Dusk/
<Dawn
Dusk/
<Dawn/
Sports
Dusk/
Dawn Garage
Gym/
MPR Hallway Kitchen
Mech/
Elec/
Strg
Office
Admin
Private
Restroom Process Restroom
Ranger Station - Dixon Lake 3500 4380 400 2600
Ranger Station - Lake Wohlford 4380 2600
Real Property 4380 2600
Recycling Offices 3500 600 4380 2600 3900 3300
Warehouse (vacant) 4380 400
Water Treatment Plant ("WTP") 600 400 2600 3900
3rd & Beech Park 4380
El Norte Park 4380
Felicita Mini Park 4380
Grape Day Park 4380
Grape Day Park Historical Sites 4380 400
Grove Park 4380 3300
Jesmond Dene Park 500 4380 400 3300
Kit Carson Park 3500 600 4380 2000 2500 400 2600 3300
Mayflower Dog Park 4380 400
Mountain View Park 3500 600 4380 400
Rod McLeod Park 4380 400 3300
Ryan Park 500 4380 3900 400 3300
Washington Park 500 4380 2600
825
Item5.

Attachment “2”
-1-

ESCROW AND ACCOUNT CONTROL AGREEMENT
This Escrow and Account Control Agreement (this “Agreement”), dated as of August 28, 2025, by and among Banc of America Public Capital Corp, a Kansas corporation (together with its successors and assigns, hereinafter referred to as “Lessor”), City of Escondido, a city existing under the laws of the State of California (hereinafter referred to as “Lessee”) and UMB Bank, National Association, a national banking association organized under the laws of the United States of America (hereinafter referred to as “Escrow Agent”).

Reference is made to that certain Equipment Lease/Purchase Agreement dated as of August 28, 2025 between Lessor and Lessee (hereinafter referred to as the “Lease”), covering the acquisition and lease of certain Equipment described therein (the “Equipment”). It is a requirement of the Lease that the Acquisition Amount ($46,000,000.00) be deposited into a segregated escrow account under terms satisfactory to Lessor, for the purpose of fully funding the Lease, and providing a mechanism for the application of such amounts to the purchase of and payment for the Equipment (with the final 10% of the Acquisition Amount disbursed only after payment of the Lessee’s Contribution in accordance with Section 4.08 of the Lease).

NOW,THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

Section 1. Creation of Escrow Account. (a) There is hereby created an escrow fund to be known as the “City of Escondido Escrow Account” (the “Escrow Account”) to be held by the Escrow Agent for the purposes stated herein, for the benefit of Lessor and Lessee, to be held, disbursed and returned in accordance with the terms hereof. (b) Lessee may, from time to time, provide written instructions for Escrow Agent to use any available cash in the Escrow Account to purchase any money market fund or liquid deposit investment vehicle that Escrow Agent from time to time makes available to the parties hereto.

Such written instructions shall be provided via delivery to Escrow Agent of a signed and completed Escrow Account Investment Selection Form (such form available from Escrow Agent upon request). All funds invested by Escrow Agent at the direction of Lessee in such short-term investments (as more particularly described in Escrow Agent’s Escrow Account Investment Selection Form) shall be deemed to be part of the Escrow Account and subject to all the terms and conditions of this Agreement. The Escrow Agent is hereby authorized and directed to sell or redeem any such investments as it deems necessary to make any payments or distributions required under this Agreement. The Lessee acknowledges that neither the Escrow Agent nor the Lessor is providing investment supervision, recommendations, or advice. If any cash is received for the Escrow Account after the cut-off time for the designated short-term investment vehicle, the Escrow Agent shall hold such cash uninvested until the next Business Day. “Business Day” means a day other than a Saturday, Sunday or legal holiday, on which banking institutions are not closed in Chicago, Illinois, Escondido, California or New York, New York. In the absence of written instructions from Lessee (on Escrow Agent’s Escrow Account Investment Selection Form) designating a short-term investment of cash in the Escrow Account, cash in the Escrow Account shall remain uninvested and it shall not be collateralized. Escrow Agent shall have no obligation 826
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to pay interest on cash in respect of any period during which it remains uninvested. Lessee shall be solely responsible for ascertaining that all proposed investments and reinvestments are Qualified Investments and that they comply with federal, state and local laws, regulations and ordinances governing investment of such funds and for providing appropriate notice to the Escrow Agent for the reinvestment of any maturing investment. Accordingly, neither the Escrow Agent nor Lessor shall be responsible for any liability, cost, expense, loss or claim of any kind, directly or indirectly arising out of or related to the investment or reinvestment of all or any portion of the moneys on deposit in the Escrow Account, and Lessee agrees to and does hereby release the Escrow Agent and Lessor from any such liability, cost, expenses, loss or claim. Interest on the Escrow Account shall become part of the Escrow Account, and gains and losses on the investment of the moneys on deposit in the Escrow Account shall be borne by the Lessee. The Escrow Agent shall have no discretion whatsoever with respect to the management, disposition or investment of the Escrow Account. The Escrow Agent shall not be responsible for any market decline in the value of the Escrow Account and has no obligation to notify Lessor and Lessee of any such decline or take any action with respect to the Escrow Account, except upon specific written instructions stated herein. For purposes of this Agreement, “Qualified Investments” means any investments which meet the requirements of California Government Code Sections 53600 et seq. (c) Unless the Escrow Account is earlier terminated in accordance with the provisions of paragraph (d) below, amounts in the Escrow Account shall be disbursed by the Escrow Agent in payment of amounts described in Section 2 hereof upon receipt of written instruction(s) from Lessor, as is more fully described in Section 2 hereof. If the amounts in the Escrow Account and the Lessee’s Contribution are insufficient to pay such amounts, Lessee shall provide any balance of the funds needed to complete the acquisition of the Equipment. Any moneys remaining in the Escrow Account on or after the earlier of (i) the expiration of the Acquisition Period or (ii) the date on which Lessee executes a Final Acceptance Certificate shall be applied as provided in Section 4 hereof.
(d) The Escrow Account shall be terminated at the earliest of (i) the final distribution of amounts in the Escrow Account, (ii) the date on which Lessee executes a Final Acceptance Certificate or (iii) written notice given by Lessor of the occurrence of an Event of Default under the Lease or termination of the Lease due to an Event of Non-appropriation. Notwithstanding the foregoing, this Agreement shall not terminate nor shall the Escrow Account be closed until all funds deposited hereunder have been disbursed.
(e) The Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine and may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument. The Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner of execution, or validity of any instrument nor as to the identity, authority, or right of any person executing the same; and its duties hereunder shall be limited to the receipt of such moneys, instruments or other documents received by it as the Escrow Agent, and for the disposition of the same in accordance herewith.

Notwithstanding and without limiting the generality of the foregoing, concurrent with the execution of this Agreement, Lessee and Lessor, respectively, shall deliver to the Escrow Agent an authorized signers form in the form of Exhibit A-1 (Lessee) and Exhibit A-2 (Lessor) attached hereto. Notwithstanding the foregoing sentence, the Escrow Agent is authorized to comply with 827
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and rely upon any notices, instructions or other communications believed by it to have been sent or given by the parties or by a person or persons authorized by the parties. The Escrow Agent specifically allows for receiving direction by written or electronic transmission from an authorized representative with the following caveat, to the extent permitted by law, Lessee and Lessor agree to indemnify and hold harmless the Escrow Agent against any and all claims, losses, damages, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) incurred or sustained by the Escrow Agent as a result of or in connection with the Escrow Agent’s reliance upon and compliance with instructions or directions given by written or electronic transmission given by each, respectively, provided, however, that such Losses have not arisen from the gross negligence or willful misconduct of the Escrow Agent, with regards to the execution of the instructions or directions in question, it being understood that forbearance on the part of the Escrow Agent to verify or confirm that the person giving the instructions or directions, is, in fact, an authorized person shall not be deemed to constitute gross negligence or willful misconduct.

In the event conflicting instructions as to the disposition of all or any portion of the Escrow Account are at any time given by Lessor and Lessee, the Escrow Agent shall abide by the instructions or entitlement orders given by Lessor without consent of the Lessee. (f) Unless the Escrow Agent is guilty of gross negligence or willful misconduct with regard to its duties hereunder, Lessee agrees to and does hereby release and indemnify the Escrow Agent and its directors, officers, employees and agents and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expense, fees or charges of any character or nature, which it may incur or with which it may be threatened by reason of its acting as Escrow Agent under this Agreement; and in connection therewith, does to the extent permitted by law indemnify the Escrow Agent against any and all expenses; including reasonable attorneys’ fees and the cost of defending any action, suit or proceeding or resisting any claim.
(g) If Lessee and Lessor shall be in disagreement about the interpretation of the Lease, or about the rights and obligations, or the propriety of any action contemplated by the Escrow Agent hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action including an interpleader action to resolve the disagreement. The Escrow Agent shall be reimbursed by Lessee for all costs, including reasonable attorneys’ fees, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under this Agreement until a final judgment in such action is received. (h) The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion of such counsel. The Escrow Agent shall otherwise not be liable for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind unless caused by its willful misconduct. The Escrow Agent may act through attorneys or agents and shall not be responsible for the acts or omissions of any such attorney or agent appointed with due care.
(i) The compensation fee for Escrow Agent’s services under this Agreement is $0.00.

Lessee shall reimburse the Escrow Agent for all reasonable costs and expenses, including those of 828
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the Escrow Agent’s attorneys, agents and employees incurred for non-routine administration of the Escrow Account, execution of the directions provided by the Lessee and Lessor and the performance of the Escrow Agent’s powers and duties hereunder in connection with any Event of Default under the Lease, any termination of the Lease due to an Event of Non-appropriation or in connection with any dispute between Lessor and Lessee concerning the Escrow Account. The terms of this paragraph shall survive termination of this Agreement and/or the earlier resignation or removal of the Escrow Agent.
(j) The Escrow Agent or any successor may at any time resign by giving mailed notice to Lessee and Lessor of its intention to resign and of the proposed date of resignation (the “Effective Date”), which shall be a date not less than 60 days after such notice is delivered to an express carrier, charges prepaid, unless an earlier resignation date and the appointment of a successor shall have been approved by the Lessee and Lessor. After the Effective Date, the Escrow Agent shall be under no further obligation except to hold the Escrow Account in accordance with the terms of this Agreement, pending receipt of written instructions from Lessor regarding further disposition of the Escrow Account.
(k) The Escrow Agent shall have no responsibilities, obligations or duties other than those expressly set forth in this Agreement and no implied duties responsibilities or obligations shall be read into this Agreement. The Escrow Agent shall neither be responsible for, nor chargeable with, knowledge of the terms and conditions of any other agreement, instrument, or document other than this Agreement, whether or not an original or a copy of such agreement has been provided to the Escrow Agent.
(l) The permissive rights of the Escrow Agent to do things enumerated in this Agreement shall not be construed as a duty and, with respect to such permissive rights, the Escrow Agent shall not be answerable for other than its gross negligence or willful misconduct. (m) Nothing in this Agreement shall require the Escrow Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties or in the exercise of any of its rights or powers hereunder.
(n) In no event shall the Escrow Agent be responsible or liable for special, indirect, punitive, incidental or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Escrow Agent has been advised of the likelihood of such loss or damage and regardless of the form of action. (o) In the event that any of the funds in the Escrow Account shall be attached, garnished or levied upon by any court order, or the delivery thereof shall be stayed or enjoined by an order of a court, or any order, judgment or decree shall be made or entered by any court order affecting the funds in the Escrow Account, the Escrow Agent is hereby expressly authorized to respond as it deems appropriate or to comply with all writs, orders or decrees so entered or issued, or which it is advised by legal counsel of its own choosing is binding upon it, whether with or without jurisdiction. To the extent permitted by law, the Escrow Agent shall inform the Lessor and Lessee in writing about any such attachment, garnishment, levy, court order, judgment or decree within ten (10) business days of its receipt of any such attachment, garnishment, levy, court order, 829
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judgment or decree. In the event that the Escrow Agent obeys or complies with any such writ, order or decree, it shall not be liable to any of the other parties to this Agreement or to any other person, firm or corporation, should, by reason of such compliance notwithstanding, such writ, order or decree be subsequently reversed, modified, annulled, set aside or vacated.

Section 2. Acquisition and Installation of Equipment.
(a) Acquisition Contracts. Lessee will arrange for, supervise and provide for, or cause to be supervised and provided for, the acquisition of the Equipment as provided in Section 4.08 of the Lease with moneys available in the Escrow Account, provided that the last $10,000,000 of the $18,524,650 needed to pay for WTP & HARRF Excluded Equipment shall not be disbursed from the Escrow Account until Lessee has provided written evidence satisfactory to Lessor that (i) Lessee has paid and distributed at least $10,006,655 (or such other amount approved by the Lessor) towards the cost of the Equipment from the Lessee’s Contribution and (ii) all solar photovoltaic systems and renewable energy equipment (other than Financed Renewables) to be installed pursuant to the Climatec Contract have been completely paid for by Lessee, installed, and unconditionally accepted by Lessee. Lessee represents the estimated costs of the Equipment are within the funds estimated to be available therefor, and Lessor makes no warranty or representation with respect thereto. Lessor shall have no liability under any of the acquisition or construction contracts. Lessee shall obtain all necessary permits and approvals, if any, for the acquisition, equipping and installation of the Equipment, and the operation and maintenance thereof. Escrow Agent shall have no duty to inquire as to the performance or nonperformance of any provision of any other agreement, instrument, or document other than this Agreement or monitor or enforce Lessee’s compliance with the foregoing covenant.
(b) Authorized Escrow Account Disbursements. It is agreed as between Lessee and Lessor that disbursements from the Escrow Account shall be made for the purpose of paying (including the reimbursement to Lessee for advances from its own funds to accomplish the purposes hereinafter described, other than for any amount paid or to be paid by Lessee from the Lessee’s Contribution) the cost of acquiring the Equipment, provided that the last $10,000,000 of the $18,524,650 needed to pay for WTP & HARRF Excluded Equipment shall not be disbursed from the Escrow Account until Lessee has provided written evidence satisfactory to Lessor that (i) Lessee has paid and distributed at least $10,006,655 (or such other amount approved by the Lessor) towards the cost of the Equipment from the Lessee’s Contribution and (ii) all solar photovoltaic systems and renewable energy equipment (other than Financed Renewables) to be installed pursuant to the Climatec Contract have been completely paid for by Lessee, installed, and unconditionally accepted by Lessee.
(c) Requisition Procedure. The last $10,000,000 of the $18,524,650 needed to pay for WTP & HARRF Excluded Equipment shall not be disbursed from the Escrow Account unless and until Lessee has satisfied its covenant set forth in Section 4.08 of the Lease to pay the Lessee’s Contribution and Lessor has approved in writing such requisition. Lessee shall provide written evidence satisfactory to Lessor that (i) Lessee has paid and distributed at least $10,006,655 (or such other amount approved by the Lessor) towards the cost of the Equipment from the Lessee’s Contribution and (ii) all solar photovoltaic systems and renewable energy equipment (other than Financed Renewables) to be installed pursuant to the Climatec Contract have been completely paid 830
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for by Lessee, installed, and unconditionally accepted by Lessee, before the last $10,000,000 of the $18,524,650 needed to pay for WTP & HARRF Excluded Equipment may be disbursed from the Escrow Account. Prior to disbursement from the Escrow Account there shall be filed with the Escrow Agent a requisition for such payment in the form of Disbursement Request attached hereto as Schedule 1, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due. All disbursements shall be made by wire transfer. The Escrow Agent is authorized to obtain and rely on confirmation of such Disbursement Request and payment instructions by telephone call-back to the person or persons designated for verifying such requests on Exhibit A-2 (such person verifying the request shall be different than the person initiating the request). The Lessor and Lessee hereby confirm that any call-back performed by Escrow Agent to verify a disbursement instruction pursuant to a Disbursement Request submitted pursuant to this Section 2(c) before release, shall be made to Lessor only and Escrow Agent shall have no obligation to call-back Lessee.

Each such Disbursement Request shall be signed by an authorized representative of Lessee (an “Authorized Representative”) and by Lessor, and shall be subject to the following conditions, which Escrow Agent shall conclusively presume have been satisfied at such time as a requisition executed by Lessee and Lessor is delivered to it:

1. Delivery to Lessor of an executed Disbursement Request in the form attached hereto as Schedule 1;

2. Delivery to Lessor of copies of invoices (and proofs of payment of such invoices, if Lessee seeks reimbursement) and bills of sale therefor or other evidence of title transfer, and release by Vendor of any security interest, therefor as required by Section 3.04 of the Lease and any additional documentation reasonably requested by Lessor; and

3. The disbursement shall occur during the Acquisition Period.

Lessee and Lessor agree that their execution of the form attached hereto as Schedule 1 and delivery of the executed form to Escrow Agent confirms that all of the requirements and conditions with respect to disbursements set forth in this Section 2 have been satisfied.

Section 3. Deposit to Escrow Account. Upon satisfaction of the conditions specified in Section 3.04 of the Lease, Lessor will cause the Acquisition Amount to be deposited in the Escrow Account. Lessee agrees to pay any costs with respect to the Equipment in excess of amounts available therefor in the Escrow Account and the Lessee’s Contribution. The Escrow Agent shall not be liable for any amount in excess of the Acquisition Amount.

Section 4. Excess Proceeds in Escrow Account. Upon receipt of written instructions from Lessor including a representation that one of the following conditions has been satisfied (upon which representation Escrow Agent shall conclusively rely), any funds remaining in the Escrow Account on or after the earlier of (a) the expiration of the Acquisition Period or (b) the date on which Lessee executes a Final Acceptance Certificate, or upon a termination of the Escrow Account as provided in this Agreement, shall be distributed by the Escrow Agent to the Lessor in 831
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order for the Lessor to apply such funds to amounts owed by Lessee under the Lease in accordance with Section 4.07 of the Lease.

Section 5. Security Interest. The Escrow Agent and Lessee acknowledge and agree that the Escrow Account and all proceeds thereof are being held by Escrow Agent for disbursement or return as set forth herein. Lessee hereby grants to Lessor a first priority perfected security interest in the Escrow Account, and all proceeds thereof, and all investments made with any amounts in the Escrow Account. If the Escrow Account, or any part thereof, is converted to investments as set forth in this Agreement, such investments shall be made in the name of Escrow Agent and the Escrow Agent hereby agrees to hold such investments as bailee for Lessor so that Lessor is deemed to have possession of such investments for the purpose of perfecting its security interest.

Section 6. Control of Escrow Account. In order to perfect Lessor’s security interest by means of control in (i) the Escrow Account established hereunder, (ii) all securities entitlements, investment property and other financial assets now or hereafter credited to the Escrow Account, (iii) all of Lessee’s rights in respect of the Escrow Account, such securities entitlements, investment property and other financial assets, and (iv) all products, proceeds and revenues of and from any of the foregoing personal property (collectively, the “Collateral”), Lessor, Lessee and Escrow Agent further agree as follows:
(a) All terms used in this Section 6 which are defined in the California Commercial Code (the “Commercial Code”) but are not otherwise defined herein shall have the meanings assigned to such terms in the Commercial Code, as in effect on the date of this Agreement.
(b) Escrow Agent will comply with all entitlement orders originated by Lessor with respect to the Collateral, or any portion of the Collateral, without further consent by Lessee.
(c) Provided that account investments shall be held in the name of the Escrow Agent, Escrow Agent hereby represents and warrants (i) that the records of Escrow Agent show that Lessee is the sole owner of the Collateral, (ii) that Escrow Agent has not been served with any notice of levy or received any notice of any security interest in or other claim to the Collateral, or any portion of the Collateral, other than Lessor’s claim pursuant to this Agreement, and (iii) that Escrow Agent is not presently obligated to accept any entitlement order from any person with respect to the Collateral, except for entitlement orders that Escrow Agent is obligated to accept from Lessor under this Agreement and entitlement orders that Escrow Agent, subject to the provisions of paragraph (e) below, is obligated to accept from Lessee.
(d) Without the prior written consent of Lessor, Escrow Agent will not enter into any agreement by which Escrow Agent agrees to comply with any entitlement order of any person other than Lessor or, subject to the provisions of paragraph (e) below, Lessee, with respect to any portion or all of the Collateral. Escrow Agent shall promptly notify Lessor if any person requests Escrow Agent to enter into any such agreement or otherwise 832
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asserts or seeks to assert a Lien, encumbrance or adverse claim against any portion or all of the Collateral.
(e) Except as otherwise provided in this paragraph (e) and subject to Section 1(b) hereof, Lessee may effect sales, trades, transfers and exchanges of Collateral within the Escrow Account, but will not, without the prior written consent of Lessor, withdraw any Collateral from the Escrow Account. Escrow Agent acknowledges that Lessor reserves the right, by delivery of written notice to Escrow Agent, to prohibit Lessee from effecting any withdrawals (including withdrawals of ordinary cash dividends and interest income), sales, trades, transfers or exchanges of any Collateral held in the Escrow Account. Further, Escrow Agent hereby agrees to comply with any and all written instructions delivered by Lessor to Escrow Agent (once it has had a reasonable opportunity to comply therewith) and has no obligation to, and will not, investigate the reason for any action taken by Lessor, the amount of any obligations of Lessee to Lessor, the validity of any of Lessor’s claims against or agreements with Lessee, the existence of any defaults under such agreements, or any other matter.
(f) Lessee hereby irrevocably authorizes Escrow Agent to comply with all instructions and entitlement orders delivered by Lessor to Escrow Agent. (g) Escrow Agent will not attempt to assert control, and does not claim and will not accept any security or other interest in, any part of the Collateral, and Escrow Agent will not exercise, enforce or attempt to enforce any right of setoff against the Collateral, or otherwise charge or deduct from the Collateral any amount whatsoever. (h) Escrow Agent and Lessee hereby agree that any property held in the Escrow Account shall be treated as a financial asset under such section of the Commercial Code as corresponds with Section 8-102 of the Uniform Commercial Code, notwithstanding any contrary provision of any other agreement to which Escrow Agent may be a party. (i) Escrow Agent is hereby authorized and instructed, and hereby agrees, to send to Lessor at its address set forth in Section 8 below, concurrently with the sending thereof to Lessee, duplicate copies of any and all monthly Escrow Account statements or reports issued or sent to Lessee with respect to the Escrow Account.

Section 7. Information Required Under USA PATRIOT ACT. The parties acknowledge that in order to help the United States government fight the funding of terrorism and money laundering activities, pursuant to Federal regulations that became effective on October 1, 2003 (Section 326 of the USA PATRIOT ACT) all financial institutions are required to obtain, verify, record and update information that identifies each person establishing a relationship or opening an account. The parties to this Agreement agree that they will provide to the Escrow Agent such information as it may request, from time to time, in order for the Escrow Agent to satisfy the requirements of the USA PATRIOT ACT, including but not limited to the name, address, tax identification number and other information that will allow it to identify the individual or entity who is establishing the relationship or opening the account and may also ask for formation documents such as articles of incorporation or other identifying documents to be provided. 833
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Section 8. Miscellaneous. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Lease. This Agreement may not be amended except in writing signed by all parties hereto. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original instrument and each shall have the force and effect of an original and all of which together constitute, and shall be deemed to constitute, one and the same instrument. Notices hereunder shall be made in writing and shall be deemed to have been duly given when personally delivered or when deposited in the mail, first class postage prepaid, or delivered to an express carrier, charges prepaid, or sent by facsimile with electronic confirmation, addressed to each party at its address below.

Notices and other communications hereunder may be delivered or furnished by electronic mail provided that any formal notice shall be attached to an email message in PDF format and provided further that any notice or other communication sent to an e-mail address shall be deemed received upon and only upon the sender’s receipt of affirmative acknowledgement or receipt from the intended recipient. For purposes hereof no acknowledgement of receipt generated on an automated basis shall be deemed sufficient for any purpose hereunder or admissible as evidence of receipt.

If a court of competent jurisdiction declares any provision hereof invalid, it will be ineffective only to the extent of such invalidity, so that the remainder of the provision and Agreement will continue in full force and effect.

This Agreement and the exhibits hereto set forth the entire agreement and understanding of the parties related to this transaction and supersede all prior agreements and understandings, oral or written.

If to Lessor: Banc of America Public Capital Corp
11333 McCormick Road
Mail Code: MD5-032-07-05
Hunt Valley, MD 21031
Attn: Contract Administration
If to Lessee: City of Escondido
Escondido City Hall
201 North Broadway
Escondido, CA 92025
Attention: Director of Finance
Telephone: (760) 839-4880
Fax No.: ________________
Email: [email protected]
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If to Escrow Agent: UMB Bank, National Association
3070 Bristol Street, Suite 300
Costa Mesa, CA 92526
Attention: Chris Johnson, Vice President
Telephone: (949) 807-1033
E-mail: [email protected]
Section 9. Lessee and Lessor understand and agree that they are required to provide the Escrow Agent with a properly completed and signed Tax Certification (as defined below) and that the Escrow Agent may not perform its duties hereunder without having been provided with such Tax Certification. As used herein “Tax Certification” shall mean an IRS form W-9 or W-8 as described above. The Escrow Agent will comply with any U.S. tax withholding or backup withholding and reporting requirements that are required by law. With respect to earnings allocable to a foreign person, the Escrow Agent will withhold U.S. tax as required by law and report such earnings and taxes withheld, if any, for the benefit of such foreign person on IRS Form 1042-S (or any other required form), unless such earnings and withheld taxes are exempt from reporting under Treasury Regulation Section 1.1461-1(c)(2)(ii) or under other applicable law.

With respect to earnings allocable to a United States person, the Escrow Agent will report such income, if required, on IRS Form 1099 or any other form required by law. The IRS Forms 1099 and/or 1042-S shall show the Escrow Agent as payor and Lessee as payee. Escrow Agent shall recognize Lessee as the designated party for regulatory reporting purposes.

Lessee and Lessor agree that they are not relieved of their respective obligations, if any, to prepare and file information reports under Code Section 6041, and the Treasury regulations thereunder, with respect to amounts of imputed interest income, as determined pursuant to Code Sections 483 or 1272. The Escrow Agent shall not be responsible for determining or reporting such imputed interest.

Section 10. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the parties hereto consent to jurisdiction in the State of California and venue in any state or Federal court located in the State of California, and each party expressly waives any objections that it may have to the venue of such courts. THE PARTIES

HERETO EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS AGREEMENT. If the waiver of jury trial contained herein is unenforceable for any reason, then the parties hereto agree that the court shall, and is hereby directed to, make a general reference pursuant to California Code of Civil Procedure Section 638 to a referee to hear and determine all of the issues in such action or proceeding (whether of fact or of law) and to report a statement of decision.

Section 11. Any bank or corporation into which the Escrow Agent may be merged or with which it may be consolidated, or any bank or corporation to whom the Escrow Agent may transfer a substantial amount of its escrow business, shall be the successor to the Escrow Agent without the execution or filing of any paper or any further act on the part of any of the parties, anything herein to the contrary notwithstanding. Any bank or corporation into which the Lessor may be 835
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merged or with which it may be consolidated, or any bank or corporation to whom the Lessor may transfer a substantial amount of its business, shall be the successor to the Lessor without the execution or filing of any paper or any further act on the part of any of the parties, anything herein to the contrary notwithstanding.

Section 12. This Agreement may be amended, modified, and/or supplemented only by an instrument in writing executed by all parties hereto.

Section 13. No party hereto shall assign its rights hereunder until its assignee has submitted to the Escrow Agent (i) PATRIOT ACT disclosure materials and the Escrow Agent has determined that on the basis of such materials it may accept such assignee as a customer and (ii) assignee has delivered an IRS Form W-8 or W-9, as appropriate, to the Escrow Agent which the Escrow Agent has determined to have been properly signed and completed.

Section 14. Escrow Agent will treat information related to this Agreement as confidential but, unless prohibited by law, Lessee and Lessor authorize the transfer or disclosure of any information relating to the Agreement to and between the subsidiaries, officers, affiliates and other representatives and advisors of Escrow Agent and third parties selected by any of them, wherever situated, for confidential use in the ordinary course of business, and further acknowledge that Escrow Agent and any such subsidiary, officer, affiliate or third party may transfer or disclose any such information as required by any law, court, regulator or legal process.

Lessor will treat information related to this Agreement as confidential but, unless prohibited by law, Escrow Agent and Lessee authorize the transfer or disclosure of any information relating to the Agreement to and between the subsidiaries, officers, affiliates, other representatives and advisors of Lessor and debt and equity sources and third parties selected by any of them, and to their prospective assignees wherever situated, for confidential use in the ordinary course of business, and further acknowledge that Lessor and any such subsidiary, officer, affiliate, debt and equity source or third party or prospective assignee may transfer or disclose any such information as required by any law, court, regulator or legal process. For the avoidance of doubt, nothing herein prohibits any individual from communicating or disclosing information regarding suspected violations of laws, rules, or regulations to a governmental, regulatory, or self-regulatory authority without any notification to any person.

Lessee will treat the terms of this Agreement as confidential except on a “need to know” basis to persons within or outside Lessee’s organization (including affiliates of such party), such as attorneys, accountants, bankers, financial advisors, auditors and other consultants of such party and its affiliates, except as required by any law, court, regulator or legal process and except pursuant to the express prior written consent of the other parties, which consent shall not be unreasonably withheld.

Section 15. This Agreement may be executed and delivered by facsimile signature or other electronic or digital means (including, without limitation, Adobe’s Portable Document Format (“PDF”)). Any such signature shall be of the same force and effect as an original signature, it being the express intent of the parties to create a valid and legally enforceable contract between them. The exchange and delivery of this Agreement and the related signature pages via 836
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facsimile or as an attachment to electronic mail (including in PDF) shall constitute effective execution and delivery by the parties and may be used by the parties for all purposes.

Notwithstanding the foregoing, at the request of either party, the parties hereto agree to exchange inked original replacement signature pages as soon thereafter as reasonably practicable. [SIGNATURE PAGES TO FOLLOW]
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[Signature Page to Escrow and Account Control Agreement] IN WITNESS WHEREOF, the parties have executed this Escrow and Account Control Agreement as of the date first above written.

BANC OF AMERICA PUBLIC CAPITAL CORP,
as Lessor
CITY OF ESCONDIDO, as Lessee
By: ________________________________
Name: ___________________________
Title: ____________________________
By: ________________________________
Name:___________________________
Title:____________________________
UMB BANK, NATIONAL ASSOCIATION, as
Escrow Agent
By: ________________________________
Name: ___________________________
Title: ____________________________
838
Item5.

SCHEDULE 1

TO THE ESCROW AND ACCOUNT CONTROL AGREEMENT

FORM OF DISBURSEMENT REQUEST
Re: Equipment Lease/Purchase Agreement dated as of August 28, 2025 by and between Banc of America Public Capital Corp, as Lessor, and the City of Escondido, as Lessee (the “Lease”) (Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Lease.)
In accordance with the terms of the Escrow and Account Control Agreement, dated as of August 28, 2025 (the “Escrow and Account Control Agreement”) by and among Banc of America Public Capital Corp (“Lessor”), the City of Escondido (“Lessee”) and UMB Bank, National Association (the “Escrow Agent”), the undersigned hereby requests the Escrow Agent pay the following persons the following amounts from the Escrow Account created under the Escrow and Account Control Agreement for the following purposes:

DISBURSEMENT AMOUNTS:

Payee’s Name and Address
(if disbursement via wire,
must include wire transfer
instructions)

INVOICE NUMBER DOLLAR AMOUNT PURPOSE
<Payee’s Name>
<Payee Address 1>
<Payee Address 2>
<Payee Address 3>
<Payee Bank Name*>
<Payee Bank ABA/Routing*>
<Payee Bank Account No*>
<Payee Account Name*>
<*Payee Address and Payee Bank
information is required.>
<invoice list OR
“see attached” with
a spreadsheet>
< invoice amount> <general description of
equipment; ex “police cruiser”>
839
Item5.

Schedule I-2
<Payee’s Name>
<Payee Address 1>
<Payee Address 2>
<Payee Address 3>
<Payee Bank Name*>
<Payee Bank ABA/Routing*>
<Payee Bank Account No*>
<Payee Account Name*>
<*Payee Address information is
required. Payee Bank information
only to be included for wire/EFT>
<invoice list OR
“see attached” with
a spreadsheet>
< invoice amount> [<mobilization fee that is
payable to the Vendor under the
Vendor Agreement>]
<Payee’s Name>
<Payee Address 1>
<Payee Address 2>
<Payee Address 3>
<Payee Bank Name*>
<Payee Bank ABA/Routing*>
<Payee Bank Account No*>
<Payee Account Name*>
<*Payee Address and Payee Bank
information is required..>
<invoice list OR
“see attached” with
a spreadsheet>
< invoice amount> <general description of
equipment; ex “police cruiser”>
Lessee hereby represents, covenants and warrants for the benefit of Lessor on the date hereof as follows:
(i) Each obligation specified in the table herein titled as “Disbursement Amounts” (a) has been incurred by Lessee in the stated amount, (b) the same is a proper charge against the Escrow Account for Equipment Costs relating to the Equipment identified above and has not been paid (or has been paid by Lessee and Lessee requests reimbursement thereof, in which event Lessee further certifies that the requested reimbursement is not with respect to any amount previously paid from the Lessee’s Contribution), and (c) has not been paid (or has been paid by Lessee and Lessee requests reimbursement thereof), and the Equipment relating to such obligation has been delivered, installed and accepted by Lessee. [For COI Disbursement only: Each obligation specified in the table herein titled as “Disbursement Amounts” (a) has been incurred by Lessee in the stated amount, and (b) the same is a proper charge against the Delivery Costs Subaccount for costs of delivery of the Lease identified above and has not been paid (or has been paid by Lessee and Lessee requests reimbursement thereof, in which event Lessee further certifies that the requested reimbursement is not with respect to any amount previously paid from the Lessee’s Contribution).] 840
Item5.

Schedule I-3
(ii) For each item of Equipment relating to an obligation specified in the table herein titled as “Disbursement Amounts” (a) Lessee has conducted such inspection and testing of the Equipment as it deems appropriate in order to unconditionally accept such Equipment, (b) such Equipment has been delivered, installed, and unconditionally accepted for all purposes by Lessee and title thereto has transferred to Lessee and any security interest of Vendor therein has been released and (c) the date on which Equipment acceptance occurred is __________, 20__. Attached hereto is a copy of the original invoice, and certification from Vendor as to title transfer and release by Vendor of any security interest with respect to such obligation and the related AIA forms. (iii) The undersigned, as Authorized Representative, has no notice of any vendor’s, mechanic’s or other Liens or rights to Liens, chattel mortgages, conditional sales contracts or security interest which should be satisfied or discharged before such payment is made.
(iv) This requisition contains no item representing payment on account, or any retained percentages which Lessee is, at the date hereof, entitled to retain (except to the extent such amounts represent a reimbursement to Lessee). (v) The Equipment is insured in accordance with the Lease. (vi) No Event of Default, and no event which with notice or lapse of time, or both, would become an Event of Default, under the Lease has occurred and is continuing at the date hereof. No Event of Non-appropriation has occurred or is threatened with respect to the Lease.
(vii) The disbursement shall occur during the Acquisition Period. (viii) The representations, warranties and covenants of Lessee set forth in the Lease are true and correct as of the date hereof.
(ix) No Material Adverse Change has occurred since the date of the execution and delivery of the Lease.
(x) The information in this Disbursement Request regarding each Payee, including their respective name, address and wiring instructions (collectively, the “Payee Information”), is true and correct, such Payee Information has been verified and confirmed by Lessee and the Lessor can rely on Lessee’s verification and confirmation of the accuracy of such Payee Information. Lessee hereby acknowledges and agrees that any call-back performed by Lessor to verify the disbursement instructions pursuant to this Disbursement Request shall be made to Lessee only and Lessor shall have no obligation to call-back any Payee listed above.
(xi) [Following the disbursement of all obligations specified in the table herein titled as “Disbursement Amounts”, no more than $8,524,650 to date collectively has been disbursed to pay for WTP & HARRF Excluded Equipment and 841
Item5.

Schedule I-4
at least $10,000,000 of the $18,524,650 needed to pay for WTP & HARRF Excluded Equipment shall still remain in the Escrow Account.]
“WTP & HARRF Excluded Equipment” means the following equipment installed and acquired pursuant to the Climatec Contract with the proceeds of the Lease and located at the following locations:

Location Equipment
Water Treatment Plant (WTP)
3440 E. Valley Parkway
Escondido, CA 92027
Building Automation System (BAS)
Lighting
WTP & System
Hale Avenue Resource & Recovery
Facility (HARRF)
1521 S. Hale Avenue
Escondido, CA 92029
High Efficiency Transformer
High Efficiency Blowers
WWTP & System
OR
[Lessee has previously paid and disbursed the full amount of the Lessee’s Contribution equal to $10,006,655 in accordance with Section 4.08 of the Lease and Lessee has provided written evidence satisfactory to Lessor that (i) Lessee has paid and distributed at least $10,006,655 (or such other amount approved by the Lessor) towards the cost of the Equipment from the Lessee’s Contribution and (ii) all solar photovoltaic systems and renewable energy equipment (other than Financed Renewables) to be installed pursuant to the Climatec Contract have been completely paid for by Lessee, installed, and unconditionally accepted by Lessee.] “Financed Renewables” means the following equipment installed and acquired pursuant to the Climatec Contract with the proceeds of the Lease and located at the following locations:

Location Equipment
Library
239 S. Kalmia Street
Escondido, CA 92025
Renewables
James Stone Pool
115 Woodward Avenue
Escondido, CA 92025
Renewables
842
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[Signature Page to Disbursement Request]
Dated: ________________

CITY OF ESCONDIDO
By:____________________________________
Name: ______________________________
Title: _______________________________
Disbursement of funds from the Escrow
Account in accordance with the foregoing
Disbursement Request hereby is authorized

BANC OF AMERICA PUBLIC CAPITAL CORP
as Lessor under the Lease
By:

Name:

Title:
843
Item5.
[AN “EXHIBIT A-1” MUST BE COMPLETED AND EXECUTED AT TIME OF EXECUTION OF THE AGREEMENT]
EXHIBIT A-1

FORM OF INCUMBENCY AND AUTHORIZATION CERTIFICATE
The undersigned, a duly elected or appointed and acting City Clerk of the City of Escondido (“Lessee”) certifies as follows:

A. The following listed persons are duly elected or appointed and acting officials of Lessee (the “Officials”) in the capacity set forth opposite their respective names below and the facsimile signatures below are true and correct as of the date hereof; B. The Officials are duly authorized, on behalf of Lessee, to negotiate, execute, in writing or electronically, and deliver the Equipment Lease/Purchase Agreement dated as of August 28, 2025 by and between Lessee and Banc of America Public Capital Corp (“Lessor”), the Escrow and Account Control Agreement dated as of August 28, 2025 by and among Lessor, Lessee and UMB Bank, National Association, as Escrow Agent, all documents related thereto and delivered in connection therewith, and any future modification(s) or amendments thereof (collectively, the “Operative Agreements”), and the Operative Agreements each are the binding and authorized agreements of Lessee, enforceable in all respects in accordance with their respective terms.

NAME OF OFFICIAL TITLE SIGNATURE
________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ Dated: August 28, 2025
By:____________________________________
Name: ______________________________
Title: _______________________________
(The signer of this Certificate cannot be listed above as authorized to execute the Operative Agreements.)
844
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[AN “EXHIBIT A-2” MUST BE COMPLETED AND EXECUTED AT TIME OF EXECUTION OF THE AGREEMENT]
EXHIBIT A-2
ESCROW AND ACCOUNT CONTROL AGREEMENT DATED AS OF AUGUST 28, 2025 BY AND AMONG

BANC OF AMERICA PUBLIC CAPITAL CORP, AS LESSOR, THE CITY OF ESCONDIDO, AS LESSEE AND

UMB BANK, NATIONAL ASSOCIATION, AS ESCROW AGENT
CERTIFICATE OF AUTHORIZED REPRESENTATIVES – [LESSOR]
Name: Candy Tam Name: Nancy Nusenko
Title: Authorized Agent Title: Authorized Agent
Phone: 415-765-7492 Phone: 443-541-3646
Facsimile: 415-633-0183 Facsimile:

E-mail: [email protected] E-mail: [email protected] Signature: Signature:

Fund Transfer / Disbursement Authority Level: Fund Transfer / Disbursement Authority Level:

Initiate Initiate
Verify transactions initiated by others Verify transactions initiated by others Name: Nancy K. Hepner Name: Arlene Sobieck
Title: Authorized Agent Title: Authorized Agent
Phone: 443-541-3645 Phone: 443-541-3643
Facsimile: 804-553-2407 Facsimile:

E-mail: [email protected] E-mail: [email protected] Signature: Signature:

Fund Transfer / Disbursement Authority Level: Fund Transfer / Disbursement Authority Level:

Initiate Initiate
Verify transactions initiated by others Verify transactions initiated by others The Escrow Agent is authorized to comply with and rely upon any notices, instructions or other communications believed by it to have been sent or given by the person or persons identified above including without limitation, to initiate and verify funds transfers as indicated.

BANC OF AMERICA PUBLIC CAPITAL CORP
By:

Name:

Title:

Date: August 28, 2025
845
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Attachment “3”
tmp35C8
2328904

EQUIPMENT LEASE/PURCHASE AGREEMENT
(ESCROW ACCOUNT)
This Equipment Lease/Purchase Agreement (this “Agreement”) dated as of August 28, 2025, and entered into by and between Banc of America Public Capital Corp, a Kansas corporation (together with its successors, assigns and transferees, and as more particularly defined herein, “Lessor”), and City of Escondido, a city existing under the laws of the State of California (“Lessee”).

WITNESSETH:

WHEREAS, Lessee desires to lease and acquire from Lessor certain Equipment (as such term is defined herein), subject to the terms and conditions hereof; and, WHEREAS, Lessee is authorized under the constitution and laws of the State (as such term is defined herein) to enter into this Agreement for the purposes set forth herein; NOW, THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, and in consideration of the premises hereinafter contained, the parties hereby agree as follows:

ARTICLE I
Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise:
“Acquisition Amount” means $46,000,000.00. The Acquisition Amount is the amount represented by Lessee to be sufficient, together with the Lessee’s Contribution and other funds of Lessee (if any) that are legally available for the purpose of acquiring and installing the Equipment. “Acquisition Period” means the period ending five (5) business days prior to February 28, 2027.
“Agreement” means this Equipment Lease/Purchase Agreement, including the exhibits hereto, together with any amendments and modifications to this Agreement pursuant to Section 13.04.
“Casualty Value” means the amount that is shown for each Rental Payment Date under the column titled “Casualty Value” on the Payment Schedule. “Climatec Contract” means [Energy Services Agreement dated as of ________, 20__ between Lessee and Climatec, LLC (“Climatec”), as supplemented and amended]. 846
Item5.
2 “Code” means the Internal Revenue Code of 1986, as amended. Each reference to a Section of the Code herein shall be deemed to include the relevant United States Treasury Regulations proposed or in effect thereunder.
“Collateral” has the meaning set forth in Section 6.02. “Commencement Date” means the date when Lessee’s obligation to pay rent commences hereunder, which shall be the date on which the Acquisition Amount is deposited with the Escrow Agent.
“Contract Rate” means the rate identified as such in the Payment Schedule. “Disbursement Request” means the disbursement request attached to the Escrow Agreement as Schedule 1 and made a part thereof.
“Equipment” means the equipment, fixtures and other goods and property listed in the Equipment Schedule together with all replacements, repairs, restorations, modifications and improvements thereof or thereto and all accessories, equipment, parts and appurtenances appertaining or attached to any of the Equipment, and all substitutions, renewals, or replacements of and additions, improvements, accessions and accumulations to any and all of such Equipment, together with all the rents, issues, income, profits, proceeds and avails therefrom made pursuant to Article V or Section 8.01; provided however, Equipment excludes Excluded Equipment.

Whenever reference is made in this Agreement to Equipment, such reference shall be deemed to include all such replacements, repairs, restorations, modifications and improvements thereof or thereto and all accessories, equipment, parts and appurtenances appertaining or attached to any of the Equipment, and all substitutions, renewals, or replacements of and additions, improvements, accessions and accumulations to any and all of such Equipment, together with all the rents, issues, income, profits, proceeds and avails therefrom.
“Equipment Costs” means the total cost of the Equipment, including related soft costs such as freight, installation and taxes and other capitalizable costs, and other costs incurred in connection with the acquisition, installation and/or financing of the Equipment. “Equipment Schedule” means the Equipment Schedule attached hereto as Exhibit A and made a part hereof (including any duly authorized and executed amendments thereto). “Escrow Account” means the account established and held by the Escrow Agent pursuant to the Escrow Agreement.
“Escrow Agent” means the Escrow Agent identified in the Escrow Agreement, and its successors and assigns.
“Escrow Agreement” means the Escrow and Account Control Agreement in form and substance acceptable to and executed by Lessee, Lessor and the Escrow Agent, pursuant to which the Escrow Account is established and administered.
847
Item5.
3 “Event of Default” means an Event of Default described in Section 12.01. “Event of Non-appropriation” means the failure of Lessee’s governing body to appropriate or otherwise make available funds to pay Rental Payments under this Agreement following the Original Term or then current Renewal Term sufficient for the continued performance of this Agreement by Lessee.
“Excluded Equipment” means the following equipment installed and acquired pursuant to the Climatec Contract with the proceeds of this Agreement and located at the following locations:

Location Equipment
Water Treatment Plant (WTP)
3440 E. Valley Parkway
Escondido, CA 92027
Building Automation System (BAS)
High Efficiency Transformers
WTP & System
Daley Ranch Maintenance Facility &
Historic House
3024 La Honda Drive
Escondido, CA 92027
Building Automation System (BAS)
Lighting
Don E. Anderson Building
120 Woodward Ave.

Escondido, CA 92025
HVAC
Building Automation System (BAS)
Building Envelope
Fire Station No. 4
3301 Bear Valley Parkway
Escondido, CA 92025
Lighting
Lake Wohlford Boat House
25453 Lake Wohlford Road
Escondido, CA 92025
Lighting
Oak Hill Activity Center
405 S. Midway Drive
Escondido, CA 92027
HVAC
Building Automation System (BAS)
Lighting
Ranger Station - Dixon Lake
1700 La Honda Drive
Escondido, CA 92027
Building Automation System (BAS)
Lighting
Ranger Station - Lake Wohlford
25130 Lake Wohlford Road
Escondido, CA 92027
HVAC
Building Automation System (BAS)
Real Property
210-240 S. Broadway
HVAC
Building Automation System (BAS)
848
Item5.
4 Escondido, CA 92025
Recycling Offices
901 W Washington Avenue
Escondido, CA 92025
HVAC
High Efficiency Transformers
Building Automation System (BAS)
Lighting
Grape Day Park
321 N. Broadway
Escondido, CA 92025
HVAC
Building Automation System (BAS)
Lighting
Rod McLeod Park
1701 S. Iris Lane
Escondido, CA 92026
Lighting
Dixon Lake Cottage Rental
1700 La Honda Drive
Escondido, CA 92027
HVAC
Building Automation System (BAS)
Reidy Creek Golf Course
2300 N. Broadway
Escondido, CA 92025
High Efficiency Transformerss
Vineyard Golf Course
925 San Pasqual Road
Escondido, CA 92025
HVAC
Building Automation System (BAS)
Hale Avenue Resource & Recovery
Facility (HARRF)
1521 S. Hale Avenue
Escondido, CA 92029
High Efficiency Transformer
High Efficiency Blowers
WWTP & System
“Financed Renewables” means the following equipment installed and acquired pursuant to the Climatec Contract with the proceeds of this Agreement and located at the following locations:

Location Equipment
Library
239 S. Kalmia Street
Escondido, CA 92025
Renewables
James Stone Pool
115 Woodward Avenue
Escondido, CA 92025
Renewables
849
Item5.
5 “Lease Term” means the Original Term and all Renewal Terms. “Lessee” means the entity referred to as Lessee in the first paragraph of this Agreement. “Lessee’s Contribution” means the amount paid by Lessee in excess of the Acquisition Amount from legally available funds for the purposes provided in Section 4.08 hereof. “Lessor” means (a) the entity referred to as Lessor in the first paragraph of this Agreement and its successors or (b) any assignee or transferee of any right, title or interest of Lessor in and to this Agreement pursuant to Section 11.01 hereof, including the right, title and interest of Lessor in and to the Equipment, the Rental Payments and other amounts due hereunder, the Escrow Agreement and Escrow Account and other Collateral, but does not include any entity solely by reason of that entity retaining or assuming any obligation of Lessor to perform hereunder. “Lien” means any lien (statutory or otherwise), security interest, mortgage, deed of trust, pledge, hypothecation, assignment, deposit arrangement, encumbrance, preference, priority or other security or preferential arrangement of any kind or nature whatsoever (including, without limitation, any conditional sale or other title retention agreement, any financing lease having substantially the same economic effect as any of the foregoing and the filing of any financing statement under the Uniform Commercial Code or comparable law of any jurisdiction). “Material Adverse Change” means (i) a downgrade in Lessee’s long-term issuer credit rating after the date of this Agreement to A3 or below by Moody’s Investors Service, Inc. (if Moody’s Investors Service, Inc. is then rating Lessee) or A- or below by S&P Global Ratings or any equivalent successor credit rating agency, or, if any such rating agency no longer publishes such ratings at the date of determination, any other nationally recognized statistical rating organization that is selected by Lessee for purposes of such long-term general obligation bond ratings and long-term general fund related issuer credit rating or (ii) any change in Lessee’s creditworthiness that could reasonably be expected to have a material adverse effect on Lessee’s ability to perform its obligations under this Agreement. “Original Term” means the period from the Commencement Date until the end of the fiscal year of Lessee in effect at such Commencement Date.
“Outstanding Balance” means the amount that is shown for each Rental Payment Date under the column titled “Outstanding Balance” on the Payment Schedule. “Payment Schedule” means the Payment Schedule attached hereto as Exhibit B and made a part hereof.
“Permitted Encumbrances” means, as of any time, with respect to the real estate in, on or to which any Equipment is or will be located: (a) this Agreement and Lessor’s security interest in the Collateral; and (b) any Permitted Future Encumbrance. “Permitted Future Encumbrance” means a mortgage, lien or other encumbrance or sale/leaseback or lease/leaseback arrangement that is recorded against or encumbers all or any 850
Item5.
6 portion of the Real Property (each a “Proposed Encumbrance”), in each case, only if all conditions precedents set forth in Section 6.03(b) hereof are satisfied with respect to such Proposed Encumbrance.
“Permitted Future Encumbrance Real Property” means the portion(s) of the Real Property relating to, that is the subject of, or encumbered by a Permitted Future Encumbrance. “Prepayment Price” means the amount that is shown for each Rental Payment Date under the column titled “Prepayment Price” on the Payment Schedule. “Principal Portion” means the amount that is shown for each Rental Payment Date under the column titled “Principal Portion” on the Payment Schedule. “Project Grant” means a grant, subsidy, or other incentive that the Lessee receives for the Equipment.
“Related Documents” means this Agreement and the Escrow Agreement, each as may be amended and supplemented.
“Renewal Terms” means the consecutive renewal terms of this Agreement, the first of which commences immediately after the end of the Original Term and each having a duration and a term coextensive with each successive fiscal year of Lessee; provided that the final such Renewal Term shall commence on the first day of the last such fiscal year and end on the first business day after the last scheduled Rental Payment Date.
“Rental Payment Date” means each date on which Lessee is required to make a Rental Payment under this Agreement as specified in the Payment Schedule. “Rental Payments” means the basic rental payments payable by Lessee on the Rental Payment Dates and in the amounts as specified in the Payment Schedule, consisting of a principal component and an interest component, and in all cases sufficient to repay such principal component and interest thereon at the applicable Contract Rate (or Taxable Rate if then in effect). “Scheduled Term” means the Original Term and all scheduled Renewal Terms, with a final Renewal Term ending on September 1, 2045, as set forth in Exhibit B attached hereto. “SEC” means the U.S. Securities and Exchange Commission. “Special Counsel” means Stradling, Yocca, Carlson & Rauth LLP. “State” means the State of California.
“Taxable Rate” means, for each day that the interest component of Rental Payments is taxable for Federal income tax purposes, an interest rate equal to the Contract Rate plus a rate sufficient such that the total interest to be paid on any Rental Payment Date would, after such interest was reduced by the amount of any Federal, state or local income tax (including any interest, 851
Item5.
7 penalties or additions to tax) actually imposed thereon, equal the amount of interest otherwise due to Lessor.
“Vendor” means the manufacturer, installer or supplier of the Equipment or any other person as well as the agents or dealers of the manufacturer, installer or supplier with whom Lessee arranged Lessee’s acquisition, installation, maintenance and/or servicing of the Equipment, and includes, without limitation, Climatec.
“Vendor Agreement” means any contract entered into by Lessee and any Vendor for the acquisition, installation, maintenance and/or servicing of the Equipment, and includes, without limitation, the Climatec Contract.
“WTP & HARRF Excluded Equipment” means the following equipment installed and acquired pursuant to the Climatec Contract with the proceeds of this Agreement and located at the following locations:

Location Equipment
Water Treatment Plant (WTP)
3440 E. Valley Parkway
Escondido, CA 92027
Building Automation System (BAS)
High Efficiency Transformers
WTP & System
Hale Avenue Resource & Recovery
Facility (HARRF)
1521 S. Hale Avenue
Escondido, CA 92029
High Efficiency Transformers
High Efficiency Blowers
WWTP & System

ARTICLE II
Section 2.01. Representations and Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof as follows:
(a) Lessee is a political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing under the constitution and laws of the State, with full power and authority to enter into the Related Documents and the transactions contemplated thereby and to perform all of its obligations thereunder. (b) Lessee has duly authorized the execution and delivery of the Related Documents by proper action of its governing body at a meeting duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of the Related Documents. 852
Item5.
8 (c) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the date hereof. No Event of Non-appropriation has occurred or is threatened with respect to this Agreement. (d) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a city of the State. (e) Lessee has complied with such procurement and public bidding requirements as may be applicable to the Related Documents and the acquisition and installation by Lessee of the Equipment.
(f) During the Lease Term, the Equipment will be used by Lessee only for the purpose of performing essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee’s authority. Lessee does not intend to sell or otherwise dispose of the Equipment or any interest therein prior to the last Rental Payment (including all Renewal Terms) scheduled to be paid hereunder. (g) Lessee has kept, and throughout the Lease Term shall keep, its books and records in accordance with generally accepted accounting principles and practices consistently applied, and shall deliver to Lessor (i) annual audited financial statements (including (1) a balance sheet, (2) statement of revenues, expenses and changes in fund balances for budget and actual, (3) statement of cash flows, and (4) footnotes, schedules and attachments to the financial statements) within two hundred seventy (270) days after the end of its fiscal year, (ii) such other financial statements and information as Lessor may reasonably request, and (iii) upon Lessor’s request, its annual budget for any prior or current fiscal year or for the following fiscal year when approved but not later than thirty (30) days prior to the end of its current fiscal year. The financial statements described in this subsection (g)(i) shall be accompanied by an unqualified opinion of Lessee’s independent auditor. Credit information relating to Lessee may be disseminated among Lessor and any of its affiliates and any of their respective successors and assigns. (h) Lessee has an immediate need for the Equipment and expects to make immediate use of the Equipment. Lessee’s need for the Equipment is not temporary and Lessee does not expect the need for any item of the Equipment to diminish during the Scheduled Term.
(i) The payment of the Rental Payments or any portion thereof is not (under the terms of this Agreement or any underlying arrangement) directly or indirectly (x) secured by any interest in property used or to be used in any activity carried on by any person other than a state or local governmental unit or payments in respect of such property; or (y) on a present value basis, derived from payments (whether or not to Lessee) in respect of property, or borrowed money, used or to be used in any activity carried on by any person other than a state or local governmental unit. The Equipment will not be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. No portion of the Acquisition Amount will be used, directly or indirectly, to make or 853
Item5.
9 finance loans to any person other than Lessee. Lessee has not entered into any management or other service contract with respect to the use and operation of the Equipment. (j) There is no pending litigation, tax claim, proceeding or dispute that may adversely affect Lessee’s financial condition or impairs its ability to perform its obligations under the Related Documents. Lessee will, at its expense, maintain its legal existence and do any further act and execute, acknowledge, deliver, file, register and record any further documents Lessor may reasonably request in order to protect Lessor’s first priority security interest in the Equipment and the Escrow Account and Lessor’s rights and benefits under the Related Documents.
(k) Lessee is the fee owner of the real estate where the Equipment is and will be located (the “Real Property”) and has good and marketable title thereto, and there exists no mortgage, pledge, Lien, security interest, charge or other encumbrance of any nature whatsoever on or with respect to such Real Property other than Permitted Encumbrances.

In the event any Lien, encumbrance, restriction, asserted encumbrance, claim, dispute or other issue exists or arises with respect to the Lessee’s legal title to or valid and marketable, beneficial use and enjoyment of the Real Property or impairs or adversely impacts Lessor’s right, title or interest in the Equipment or any of Lessor’s rights or remedies under this Agreement with respect to the Equipment (each of the foregoing referred to as a “Real Property Issue”), Lessee will take all steps necessary to promptly quiet, resolve and/or eliminate such Real Property Issue to the satisfaction of Lessor and ensure that Lessee and Lessor have adequate access to and use of (including beneficial use and enjoyment of) the Real Property for all purposes of the Equipment contemplated herein and Lessee shall ensure that its fee interest in the Real Property and Lessor’s right, title or interest in the Equipment and rights or remedies under this Agreement with respect to the Equipment remain free and clear of Real Property Issues.
(l) No lease, rental agreement, lease-purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time has been terminated by Lessee as a result of insufficient funds being appropriated in any fiscal year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (10) years. (m) Lessee represents to Lessor that it has adopted a debt policy in compliance with SB 1029 and Section 8855 of the Government Code of California et seq. and covenants that it shall comply with Section 8855 of the Government Code of California et seq. as amended (the “CDIAC Act”) throughout the Lease Term, including (i) preparing, submitting and filing the report of the proposed debt issuance relating to this Agreement by the method required by the California Debt and Investment Advisory Commission (“CDIAC”), (ii) preparing, submitting and filing the report of final sale (and accompanying documents) relating to this Agreement by the method required by CDIAC, (iii) submitting an annual report relating to the report of final sale for this Agreement by the method required by CDIAC, and (iv) paying all fees charged by CDIAC or the CDIAC Act relating to this Agreement, including, but not limited to the fee in an amount equal to 2.5 basis 854
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10 points (.025%) of the Acquisition Amount not to exceed five thousand dollars ($5,000) or as otherwise prescribed by the CDIAC Act.
(n) As of the date of execution and delivery of this Agreement, Lessee has not granted any Lien on the Collateral that would be senior in priority to, or pari passu with, the first priority Lien on the Collateral granted to Lessor under Section 6.02 of this Agreement.
(o) The street addresses and legal descriptions affixed to the UCC-1 financing statements and fixture filings filed and recorded pursuant to Section 3.04(vi), Section 6.01 and/or Section 6.02 hereof are true, accurate and complete street addresses and legal descriptions of all the properties on which the Equipment is located or to be installed. In the event any street address, legal description, other information, UCC-1 financing statement or fixture filing (or continuations or amendments thereof) filed or recorded with respect to the Lessor’s interests in the Equipment or any of the Real Property on which the Equipment is located or to be installed reflects any incorrect or incomplete Real Property legal description, equipment description or other information, Lessee shall take all steps necessary at its expense (with the Lessor’s prior written approval) to promptly correct any errors or deficiencies with respect to such legal descriptions, street address, other information, UCC-1 financing statements and/or fixture filings and to protect Lessor’s interests in the Equipment.
(p) Lessee will pay all Equipment Costs and costs of issuance in excess of the Acquisition Amount available therefor out of its own funds. Lessor shall not have any responsibility to pay amounts for any Equipment Costs or costs of issuance with respect to the Related Documents or the Equipment that individually or collectively exceed the Acquisition Amount.
(q) Lessee has complied with California Government Code Section 4217.10 et seq. and other applicable law pertaining to the authorization of this Agreement and the financing and acquisition by the Lessee of the Equipment. (r) To the extent applicable, as determined by Lessee in its sole discretion, Lessee has complied with the requirements of California Government Code Section 5852.1 et seq. in connection with this Agreement and the Equipment. (s) In connection with the Lessee’s compliance with any continuing disclosure undertakings (each, a “Continuing Disclosure Agreement”) entered into by the Lessee pursuant to SEC Rule 15c2-12 promulgated pursuant to the Securities and Exchange Act of 1934, as amended (the “Rule”), the Lessee may be required to file with the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access system, or its successor (“EMMA”), notice of its incurrence of its obligations under the Related Documents and notice of any accommodation, waiver, amendment, modification of terms or other similar events reflecting financial difficulties in connection with the Related Documents, in each case including posting a full copy thereof or a description of the material terms thereof (each such posting, an “EMMA Posting”). Except to the extent 855
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11 required by applicable law, including the Rule, the Lessee shall not file or submit or permit the filing or submission of any EMMA Posting that includes the following unredacted confidential information about the Lessor or its affiliates and the Escrow Agent in any portion of such EMMA Posting: address, account information and logos of the Lessor or its affiliates and the Escrow Agent; e-mail addresses, telephone numbers, fax numbers, names and signatures of officers, employees and signatories of the Lessor or its affiliates and the Escrow Agent; and the form of Disbursement Request that is attached to the Escrow Agreement. Upon Lessee’s request, Lessor endeavors to provide a redacted copy of this Agreement within five business days of the Commencement Date.

The Lessee acknowledges and agrees that the Lessor and its affiliates are not responsible for the Lessee’s or any other entity’s (including, but not limited to, any broker-dealer’s) compliance or noncompliance (or any claims, losses or liabilities arising therefrom) with the Rule, any Continuing Disclosure Agreement or any applicable securities or other laws, including but not limited to those relating to the Rule. (t) The Lessee represents, warranties and covenants that the addresses and legal descriptions provided by Lessee to Lessor for the Real Property are the true, correct and complete addresses and legal descriptions for each of the locations described on Exhibit A.
(u) The Lessee represents, warranties and covenants that (A) Lessee is the fee owner of the Real Property; (B) no Permitted Future Encumbrance shall prohibit the Lessee, at any time and from time to time, in its sole discretion and at its own expense, from installing or permitting to be installed, or removing, the Equipment or other personal property in or upon the Real Property (including, but not limited to, any Permitted Future Encumbrance Real Property); (C) the Equipment shall remain the sole property of the Lessee (subject only to Lessor’s first priority security interest therein), and no entity or individual with any interest in any Permitted Future Encumbrance shall have any interest therein; (D) nothing in any Permitted Future Encumbrance shall prevent the Lessor from foreclosing on its first priority security interest in the Equipment; and (E) upon the occurrence of an Event of Default or an Event of Non-appropriation, upon Lessor’s request, Lessee shall enter onto said Real Property (including, but not limited to, any Permitted Future Encumbrance Real Property), physically detach, remove and return the Equipment to Lessor.

ARTICLE III
Section 3.01. Lease of Equipment. Subject to the terms and conditions of this Agreement, Lessor agrees to provide the Acquisition Amount to acquire and install the Equipment. Lessor hereby demises, leases and transfers to Lessee, and Lessee hereby acquires, rents and leases from Lessor, the Equipment. The Lease Term may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding Renewal Term up to the maximum Scheduled Term as set forth in the Payment Schedule. At the end of the Original Term and at the end of each Renewal Term until the maximum Scheduled Term has been completed, Lessee shall be deemed to have exercised its option to continue this Agreement for the next 856
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12 Renewal Term unless Lessee shall have terminated this Agreement pursuant to Section 3.03 or Section 10.01 of this Agreement. The terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term, except that the Rental Payments shall be as provided in the Payment Schedule.

Section 3.02. Continuation of Lease Term. Lessee intends, subject to Section 3.03 hereof, to continue the Lease Term through the Original Term and all Renewal Terms and to pay the Rental Payments due hereunder. Lessee affirms that sufficient funds are legally available to pay all Rental Payments when due during the current fiscal year, and Lessee reasonably believes that an amount sufficient to make all Rental Payments during the entire Scheduled Term can be obtained from legally available funds of Lessee. Lessee further intends to do all things lawfully within its power to obtain and maintain funds sufficient and available to discharge its obligation to make Rental Payments due hereunder, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable provisions of law. Notwithstanding the foregoing, the decision whether or not to budget and appropriate funds or to extend the Lease Term for any Renewal Term is within the sole discretion of the governing body of Lessee.

Section 3.03. Non-appropriation. Lessee is obligated only to pay such Rental Payments as may lawfully be made during Lessee’s then current fiscal year from funds budgeted and appropriated for that purpose. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments following the then current Original Term or Renewal Term, this Agreement shall be deemed terminated at the end of the then current Original Term or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination promptly after any decision to non-appropriate is made, but failure to give such notice shall not extend the term beyond such Original Term or Renewal Term. If this Agreement is terminated in accordance with this Section 3.03, Lessee agrees to cease use of the Equipment and peaceably remove and deliver to Lessor, at Lessee’s sole expense (from legally available funds), the Equipment to Lessor at the location(s) to be specified by Lessor.

Section 3.04. Conditions to Lessor’s Performance. (a) As a prerequisite to the performance by Lessor of any of its obligations under this Agreement, Lessee shall deliver to Lessor, in form and substance satisfactory to Lessor, the following:
(i) An Escrow Agreement substantially in the form attached hereto as Exhibit I, satisfactory to Lessor and executed by Lessee and the Escrow Agent and a Vendor Agreement satisfactory to Lessor and executed by Lessee and the Vendor; (ii) A certified copy of a resolution, ordinance or other official action of Lessee’s governing body, substantially in the form attached hereto as Exhibit C-1, authorizing the execution and delivery of this Agreement and the Escrow Agreement and performance by Lessee of its obligations under this Agreement and the Escrow Agreement; (iii) A Certificate completed and executed by the Clerk or Secretary or other comparable officer of Lessee, substantially in the form attached hereto as Exhibit C-2, completed to the satisfaction of Lessor;
857
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13 (iv) Opinions of Special Counsel and general counsel to Lessee, which in the aggregate opine on the matters set forth in the form attached hereto as Exhibit D and which are otherwise satisfactory to Lessor;
(v) Evidence of insurance as required by Section 7.02 hereof; (vi) All documents, including financing statements, affidavits, notices and similar instruments which Lessor deems necessary or appropriate at that time pursuant to Section 6.02 hereof;
(vii) A waiver or waivers of interest in the Equipment from any mortgagee or any other party having an interest in the real estate on which the Equipment will be located and/or landlord of the real estate on which the Equipment will be located and amendments and agreements releasing Liens and encumbrances, if any, on the real property where the Equipment is and will be located;
(viii) Reserved;
(ix) A copy of the Form 8038-G, fully completed by Special Counsel as paid preparer and executed by Lessee;
(x) In the event that Lessee is to be reimbursed for expenditures that it has paid more than sixty (60) days prior to the Commencement Date, evidence of the adoption of a reimbursement resolution or other official action covering the reimbursement from tax exempt proceeds of expenditures incurred not more than sixty (60) days prior to the date of such resolution;
(xi) Copies of invoices (and proofs of payment of such invoices, if Lessee seeks reimbursement) and bills of sale (if title to Equipment has passed to Lessee), to the extent required by Section 5.01(b) hereof;
(xii) Wire instructions for payments to be made to Vendors and Form W-9 from each such Vendor;
(xiii) A certified copy of any Surety Bond satisfying the conditions set forth in Section 7.04 hereof, or, at Lessor’s sole discretion, such Surety Bonds may be provided after the Commencement Date, provided however, that no “Disbursement Request” pursuant to the Escrow Agreement (other than for costs of issuance) shall be authorized by Lessor until such Surety Bonds satisfying the conditions set forth in Section 7.04 have been delivered to Lessor; and
(xiv) Such other items reasonably required by Lessor.
(b) In addition to satisfaction of the conditions set forth in subsection (a) of this Section 3.04, the performance by Lessor of any of its obligations under the Related Documents shall be subject to: (i) no Material Adverse Change having occurred since the date of this 858
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14 Agreement, (ii) no Event of Default having occurred and then be continuing and (iii) no Event of Non-appropriation having occurred or being threatened with respect to this Agreement. (c) Subject to satisfaction of the foregoing, Lessor will deposit the Acquisition Amount with the Escrow Agent to be held and disbursed pursuant to the Escrow Agreement.

Section 3.05. Evidence of Filing Form 8038-G. As soon as it is available, Lessee shall provide to Lessor evidence that it, or its paid preparer, has filed the Form 8038-G for this Agreement with the Internal Revenue Service by delivering to Lessor proof of mailing such Form 8038-G. Notwithstanding anything to the contrary in this Agreement, it shall not be an Event of Default hereunder if Lessee does not provide to Lessor evidence that it (or its paid preparer) filed the Form 8038-G for this Agreement with the Internal Revenue Service.

ARTICLE IV
Section 4.01. Rental Payments. Subject to Section 3.03 of this Agreement, Lessee shall promptly pay Rental Payments, in lawful money of the United States of America, to Lessor on the Rental Payment Dates and in such amounts as provided in the Payment Schedule. If any Rental Payment or other amount payable hereunder is not paid within ten (10) days of its due date, Lessee shall pay an administrative late charge of five percent (5%) of the amount not timely paid or the maximum amount permitted by law, whichever is less. Lessee shall not permit the Federal Government to guarantee any Rental Payments under this Agreement. Rental Payments consist of principal and interest components as more fully detailed on the Payment Schedule, the interest on which begins to accrue as of the Commencement Date.

Section 4.02. Interest and Principal Components. A portion of each Rental Payment is paid as, and represents payment of, interest, and the balance of each Rental Payment is paid as, and represents payment of, principal as more fully detailed on the Payment Schedule.

Section 4.03. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments shall constitute a current expense of Lessee payable solely from its general fund or other funds that are legally available for that purpose and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of Lessee.

Section 4.04. Rental Payments to be Unconditional. Except as provided in Section 3.03 of this Agreement, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in this Agreement shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense, for any reason, including without limitation any failure of the Equipment, disputes with the Lessor or the Vendor of any Equipment, any defects, malfunctions, breakdowns or infirmities in the Equipment or any accident, condemnation or unforeseen circumstances, or failure of any Vendor to deliver any Equipment or otherwise perform any of its obligations for whatever reason, including bankruptcy, insolvency, reorganization or any similar event with respect to any Vendor or under 859
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15 any Vendor Agreement, or the failure or inability (for whatever reason) of Lessee to receive (or delay in receipt of) all or any portion of any Project Grant or other grant, subsidy, or other incentive, including but not limited to any refundable tax credit under Section 6417 of the Internal Revenue Code of 1986, as amended by the Inflation Reduction Act of 2022 (Pub. L. No. 117-169), any amounts described or derived from California Assembly Bill AB 841, any federal, state, local, private or other incentives or rebates or any substantially similar (to any of the foregoing) provision of federal, state, local or foreign tax or other law (including regulations or other guidance from any taxing or other authority).

Section 4.05. Tax Covenants. Lessee agrees that it will not take any action that would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for Federal income tax purposes, nor will it omit to take or cause to be taken, in a timely manner, any action, which omission would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for Federal income tax purposes. In connection with the foregoing, Lessee hereby agrees that (a) so long as any Rental Payments remain unpaid, moneys on deposit in the Escrow Account shall not be used in a manner that will cause this Agreement to be classified as an “arbitrage bond” within the meaning of Section 148(a) of the Code; and (b) Lessee shall rebate, from funds legally available for the purpose, an amount equal to excess earnings on the Escrow Account to the Federal Government if required by, and in accordance with, Section 148(f) of the Code, and make the determinations and maintain the records required by the Code.

Section 4.06. Event of Taxability. Upon the occurrence of an Event of Taxability, the interest component of Rental Payments and any charge on Rental Payments or other amounts payable based on the Contract Rate shall have accrued and be payable at the Taxable Rate retroactive to the date as of which the interest component is determined by the Internal Revenue Service to be includable in the gross income of the owner or owners thereof for Federal income tax purposes (which retroactive date shall be the earliest date as of which the interest component of any Rental Payment is deemed includable in the gross income of the owner or owners thereof for Federal income tax purposes, which may be earlier than the date of delivery of such determination by the Internal Revenue Service), and Lessee will pay such additional amount as will result in the owner receiving the interest component at the Taxable Rate.

For purposes of this Section, “Event of Taxability” means the circumstance of the interest component of any Rental Payment paid or payable pursuant to this Agreement becoming includable for Federal income tax purposes in an owner’s gross income as a consequence of any act, omission or event whatsoever, including but not limited to the matters described in the immediately succeeding sentence, and regardless of whether the same was within or beyond the control of Lessee. An Event of Taxability shall be presumed to have occurred upon (a) the receipt by Lessor or Lessee of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency or other written correspondence which legally holds that the interest component of any Rental Payment is includable in the gross income of the owner thereof; (b) the issuance of any public or private ruling of the Internal Revenue Service that the interest component of any Rental Payment is includable in the gross income of the owner thereof; or (c) receipt by Lessor or Lessee of a written opinion of a nationally recognized firm of attorneys experienced in matters pertaining to the tax-exempt status of interest on obligations 860
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16 issued by states and their political subdivisions, selected by Lessor and acceptable to Lessee, to the effect that the interest component of any Rental Payment has become includable in the gross income of the owner thereof for Federal income tax purposes. For all purposes of this definition, an Event of Taxability shall be deemed to occur on the date as of which the interest component of any Rental Payment is deemed includable in the gross income of the owner thereof for Federal income tax purposes.

Section 4.07. Mandatory Prepayment. (a) Any funds not applied to Equipment Costs and remaining in the Escrow Account on the earliest of (i) the expiration of the Acquisition Period, (ii) the date on which Lessee delivers to the Lessor the executed Disbursement Request to effect the final disbursement to pay (or reimburse) Equipment Costs from the Escrow Account or (iii) a termination of the Escrow Account as provided in the Escrow Agreement shall be applied by Lessor on each successive Rental Payment Date thereafter to pay all or a portion of the Rental Payment due and owing in the succeeding twelve (12) months and any remaining amounts shall be applied by Lessor as prepayment to the applicable unpaid Principal Portion of Rental Payments owing hereunder in the inverse order of the Rental Payment Dates at a price of 100% of such prepaid Principal Portion plus accrued interest thereon to the prepayment date. (b) In connection with any partial prepayment of Rental Payments, Lessor shall prepare a new Payment Schedule and deliver the same to the Lessee, which shall be binding, absent manifest error.

Section 4.08. Covenant Regarding Lessee’s Contribution. Lessee hereby covenants to pay, from legally available funds $10,006,655 (or such other amount approved by Lessor) of costs to acquire and install the Equipment, which Lessee’s Contribution amount is separate and apart from, and in addition to, the Acquisition Amount hereunder. Lessee hereby further acknowledges and agrees that the Escrow Agent is not authorized to disburse, and Lessor will not approve any disbursement from the Acquisition Amount from the Escrow Account for the last $10,000,000 of the $18,524,650 needed to pay for WTP & HARRF Excluded Equipment unless and until (a) Lessee has provided written evidence satisfactory to Lessor that (i) Lessee has paid and distributed at least $10,006,655 (or such other amount approved by the Lessor) towards the cost of the Equipment from the Lessee’s Contribution and (ii) all solar photovoltaic systems and renewable energy equipment (other than Financed Renewables) to be installed pursuant to the Climatec Contract have been completely paid for by Lessee, installed, and unconditionally accepted by Lessee and (b) payment and distribution of the Lessee’s Contribution in full. Lessee shall not be obligated to deposit the Lessee’s Contribution in the Escrow Account or in any other account or fund under this Agreement or the Escrow Agreement, but shall pay Equipment Costs for the Equipment directly to the related Vendors from and after the Commencement Date and provide such evidence of the dates, amounts and payees of such expenditures of the Lessee’s Contribution as Lessor may reasonably request.

ARTICLE V
Section 5.01. Acquisition, Delivery, Installation and Acceptance of Equipment. (a) Lessee shall order the Equipment to be acquired and financed hereunder, cause the Equipment to be delivered and installed at the location specified in the Equipment Schedule and pay any and all 861
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17 delivery and installation costs and other Equipment Costs in connection therewith. Lessee shall conduct such inspection and testing of the Equipment as it deems necessary and appropriate in order to unconditionally accept such Equipment. When the Equipment has been delivered and installed, including any component of the Equipment, Lessee shall promptly accept such Equipment and evidence said acceptance by executing and delivering Disbursement Requests to the Lessor pursuant to the Escrow Agreement for the purpose of effecting disbursements from the Escrow Account to pay (or reimburse) Equipment Costs for the Equipment so acquired and installed. In connection with the execution and delivery by Lessee to Lessor of the final Disbursement Request, Lessee shall deliver to Lessor a “Final Acceptance Certificate” in the form attached hereto as Exhibit E.
(b) Lessee shall deliver to Lessor together with each Disbursement Request copies of invoices (and proof of payment of such invoices if Lessee seeks reimbursement for prior expenditures) and bills of sale or other evidence of title transfer to Lessee relating to each item of Equipment accepted by Lessee as evidenced by such Disbursement Request. Once approved, Lessor shall deliver such Disbursement Request to the Escrow Agent for disbursement from the Escrow Account in accordance with the Escrow Agreement.

Section 5.02. Quiet Enjoyment of Equipment. So long as no Event of Default and no Event of Non-appropriation exists hereunder, neither Lessor nor any entity claiming by, through or under Lessor, shall interfere with Lessee’s quiet use and enjoyment of the Equipment during the Lease Term.

Section 5.03. Location; Inspection. Once installed, no item of the Equipment will be moved or relocated from the location specified for it in the Equipment Schedule without Lessor’s prior written consent, which consent shall not be unreasonably withheld. Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property where the Equipment is located for the purpose of inspecting the Equipment.

Section 5.04. Use and Maintenance of the Equipment. Lessee shall not install, use, operate or maintain the Equipment (or cause the Equipment to be installed, used, operated or maintained) improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated hereby. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects with all applicable laws, regulations and rulings of any legislative, executive, administrative, or judicial body, including, without limitation, all anti-money laundering laws and regulations; provided that Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to the Equipment or its interest or rights hereunder.

Lessee agrees that it shall (a) maintain, preserve, and keep the Equipment in good repair and working order, in a condition comparable to that recommended by the manufacturer; (b) proceed promptly, at its expense, to protect its rights and exercise its remedies under any warranty then in effect with respect to the Equipment; and (c) replace or rebuild any component of the Equipment that becomes permanently unfit for normal use or inoperable during the Lease Term (herein, the “Inoperable Component”) in order to keep the Equipment as a whole in good 862
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18 repair and working order during the Lease Term. Lessee shall promptly notify Lessor in writing when any component of the Equipment is reasonably expected within forty-five (45) days to become an Inoperable Component. Lessee shall promptly replace or rebuild the Inoperable Component with a similar component of comparable or improved make and model that has at least the equivalent value and utility of the Inoperable Component, a remaining useful life of no less than the remaining Scheduled Term and such replacement or rebuilt component shall be in good operating condition. Lessor shall have no responsibility to maintain, repair or make improvements or additions to the Equipment. In all cases, Lessee agrees to pay any costs necessary for the manufacturer to re-certify the Equipment as eligible for manufacturer’s maintenance upon the return of the Equipment to Lessor as provided for in Sections 3.03 and 12.02(b) of this Agreement.

Lessee shall not alter any item of Equipment or install any accessory, equipment or device on an item of Equipment if that would impair any applicable warranty, the originally intended function or the value of that Equipment. All repairs, parts, accessories, equipment and devices furnished, affixed to or installed on any Equipment, excluding temporary replacements, shall thereupon become subject to the security interest of Lessor.

ARTICLE VI
Section 6.01. Title to the Equipment. During the Lease Term, so long as Lessee is not in default under Article XII hereof and an Event of Non-appropriation has not occurred, all right, title and interest in and to each item of the Equipment shall be vested in Lessee immediately upon its acceptance of each item of Equipment, subject to the terms and conditions hereof. Lessee shall at all times protect and defend, at its own cost and expense, its title, and Lessor’s first priority security interest, in and to the Equipment (and Lessor’s other Collateral as defined in Section 6.02 hereof) from and against all claims, Liens and legal processes of its creditors, and keep all Equipment (and such other Collateral) free and clear of all such claims, Liens and processes. Lessee will, at its expense, do any further act and execute, acknowledge, deliver, file, register and record any further documents the Lessor may reasonably request in order to protect Lessor’s first priority security interest in the Collateral. Upon the occurrence of an Event of Default or upon termination of this Agreement pursuant to Section 3.03 hereof, full and unencumbered legal title to the Equipment shall, at Lessor’s option, pass to Lessor, and Lessee shall have no further interest therein. In addition, upon the occurrence of such an Event of Default or such termination, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of such legal title to Lessor and the termination of Lessee’s interest therein, and upon request by Lessor shall deliver possession of the Equipment to Lessor in accordance with Section 3.03 or 12.02 of this Agreement, as applicable. Upon payment of all amounts due and owing hereunder by Lessee in accordance with Section 10.01 hereof, Lessor’s security interest or other interest in the Equipment shall terminate, and Lessor shall execute and deliver to Lessee such documents as Lessee may reasonably request to evidence the termination of Lessor’s security interest in the Equipment.

Section 6.02. Security Interest. As additional security for the payment and performance of all of Lessee’s obligations hereunder, Lessee hereby grants to Lessor a first priority security interest constituting a first Lien on (a) the Equipment, together with all replacements, repairs, restorations, modifications and improvements thereof or thereto and all accessories, equipment, parts and appurtenances appertaining or attached to any of the Equipment, and all substitutions, 863
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19 renewals, or replacements of and additions, improvements, accessions and accumulations to any and all of such Equipment, together with all the rents, issues, income, profits, proceeds and avails therefrom, (b) moneys and investments held from time to time in the Escrow Account, (c) all accounts, chattel paper, deposit accounts, documents, instruments, general intangibles and investment property (including any securities accounts and security entitlements relating thereto) evidenced by or arising out of or otherwise relating to the foregoing collateral described in clauses (a) and (b) above, as such terms are defined in Article 9 of the California Commercial Code, and (d) any and all proceeds of any and all of the foregoing, including, without limitation, insurance proceeds (collectively, the “Collateral”). Lessee authorizes Lessor to file (and Lessee agrees to execute, if applicable) such notices of assignment, chattel mortgages, financing statements and other documents, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain Lessor’s security interest in the Collateral, including, without limitation, such financing statements with respect to personal property and fixtures under Article 9 of the California Commercial Code and treating such Article 9 as applicable to entities such as Lessee.

Section 6.03. Personal Property, No Encumbrances. (a) Lessee agrees that the Equipment is deemed to be and will remain personal property, and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. Lessee shall not create, incur, assume or permit to exist any mortgage, pledge, Lien, security interest, charge or other encumbrance of any nature whatsoever except for Permitted Encumbrances on any of the real estate where the Equipment is or will be located or enter into any agreement to sell or assign or enter into any sale/leaseback arrangement of such real estate without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment acceptable to Lessor or its assigns in their respective discretion from any party taking an interest in any such real estate prior to such interest taking effect, such consent shall not be unreasonably withheld. (b) Following the Commencement Date, in connection with a future financing, the Lessee may encumber the Real Property or enter into any sale/leaseback or lease/leaseback arrangement of such real estate that is filed on the Real Property, in each case, provided that all costs and expenses incurred in connection with such Proposed Encumbrance shall be borne by the Lessee and, provided further that with respect to any Proposed Encumbrance, the Lessee must first satisfy all of the following requirements which are hereby declared to be conditions precedent to any such Proposed Encumbrance becoming a Permitted Future Encumbrance:
(1) The Lessee covenants, agrees and shall ensure that the Lessee and Lessor will each have, at all times during the Scheduled Term and upon an Event of Default or an Event of Non-appropriation, the right to enter onto the Permitted Future Encumbrance Real Property for the purposes of inspecting, repairing or repossessing the Equipment and/or exercising remedies under this Agreement on behalf of Lessor, including, without limitation, the right to physically detach and remove the Equipment from all or any portion of the Permitted Future Encumbrance Real Property and return the same to Lessor. 864
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20 (2) A valid first priority fixture filing in favor of Lessor as secured party with respect to the Equipment shall first have been filed against the Permitted Future Encumbrance Real Property.
(3) The Lessee executes, and causes the other relevant parties thereto to execute, and Lessee records against the Permitted Future Encumbrance Real Property, an acknowledgement and disclaimer of interests for the benefit of Lessor in the form set forth as Exhibit G hereto, with such reasonably requested revisions as first approved in writing by the Lessor (which approval shall not be unreasonably withheld). (4) The Lessee provides Lessor with satisfactory evidence that all Collateral hereunder is excluded from the grant, pledge, mortgage, lien, leasehold interest, security interest, charge or other encumbrance granted by the Lessee in favor of the Proposed Encumbrance.

ARTICLE VII
Section 7.01. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment free of all levies, Liens, and encumbrances except those created by this Agreement. The parties to this Agreement contemplate that the Equipment will be used for a governmental or proprietary purpose of Lessee and that the Equipment will therefore be exempt from all property taxes. If the lease, sale, purchase, operation, use, possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due all sales and other taxes, special assessments, governmental and other charges of any kind that are at any time lawfully assessed or levied against or with respect to the Equipment, the Rental Payments or any part of either thereof, or which become due during the Lease Term, whether assessed against Lessee or Lessor. Lessee shall pay all utility and other charges incurred in the operation, use and maintenance of the Equipment. Lessee shall pay such taxes, assessments or charges as the same may become due; provided that, with respect to any such taxes, assessments or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the Lease Term. Lessor will not claim ownership of the Equipment under this Agreement for the purposes of any tax credits, benefits or deductions with respect to such Equipment. Lessee shall pay the fee charged by the California Debt and Investment Advisory Commission with respect to this Agreement pursuant to Section 8856 (or any successor provision) of the California Government Code.

Section 7.02. Insurance. Lessee shall during the Lease Term maintain or cause to be maintained (a) casualty insurance naming Lessor and its assigns as loss payee and insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State, and any other risks reasonably required by Lessor, in an amount at least equal to the greater of (i) the then applicable Outstanding Balance or (ii) the replacement cost of the Equipment; (b) liability insurance naming Lessor and its assigns as additional insured that protects Lessor from liability with limits of at least $5,000,000 per occurrence for bodily injury and property damage coverage (such liability insurance coverage may be in a combination of primary general liability and/or excess liability umbrella coverage), and in all events under clauses (a) and (b) above issued in form and amount satisfactory to Lessor and by 865
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21 an insurance company that is authorized to do business in the State and having a financial strength rating by A.M. Best Company of “A-” or better; and (c) worker’s compensation coverage as required by the laws of the State. Notwithstanding the foregoing, Lessee may self-insure against the risks described in clauses (a) and/or (b) through a government pooling arrangement, self-funded loss reserves, risk retention program or other self-insurance program, in each case with Lessor’s prior written consent (which Lessor may grant, withhold or deny in its sole discretion) and provided that Lessee has delivered to Lessor such information as Lessor may request with respect to the adequacy of such self-insurance to cover the risks proposed to be self-insured and otherwise in form and substance acceptable to Lessor. In the event Lessee is permitted, at Lessor’s sole discretion, to self-insure as provided in this Section 7.02, Lessee shall provide to Lessor a self-insurance letter in form and substance satisfactory to Lessor, in Lessor’s sole discretion.

Lessee shall furnish to Lessor evidence of such insurance or self-insurance coverage throughout the Lease Term. Lessee shall not cancel or modify such insurance or self-insurance coverage in any way that would affect the interests of Lessor without first giving written notice thereof to Lessor at least thirty (30) days in advance of such cancellation or modification.

Section 7.03. Risk of Loss. Whether or not covered by insurance or self-insurance, Lessee hereby assumes all risk of loss of, or damage to and liability related to injury or damage to any persons or property arising from the Equipment from any cause whatsoever, and no such loss of or damage to or liability arising from the Equipment shall relieve Lessee of the obligation to make the Rental Payments or to perform any other obligation under this Agreement. Whether or not covered by insurance or self-insurance, Lessee hereby agrees to reimburse Lessor (to the fullest extent permitted by applicable law, but only from legally available funds) for any and all liabilities, obligations, losses, costs, claims, taxes or damages suffered or incurred by Lessor, regardless of the cause thereof and all expenses incurred in connection therewith (including, without limitation, counsel fees and expenses, and penalties connected therewith imposed on interest received) arising out of or as a result of (a) entering into this Agreement or any of the transactions contemplated hereby, (b) the ordering, acquisition, ownership use, operation, condition, purchase, delivery, acceptance, rejection, storage or return of any item of the Equipment, (c) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury to or death to any person, and/or (d) the breach of any covenant of Lessee under or in connection with this Agreement or any material misrepresentation provided by Lessee under or in connection with this Agreement. The provisions of this Section 7.03 shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement or the termination of the Lease Term for any reason.

Section 7.04. Surety Bonds; Lessee to Pursue Remedies Against Contractors and Sub-Contractors and Their Sureties. Lessee shall secure from each Vendor directly employed by Lessee in connection with the acquisition, construction, installation, improvement or equipping of the Equipment, a payment and performance bond (“Surety Bond”) executed by a surety company authorized to do business in the State, having a financial strength rating by A.M. Best Company of “A-” or better, and otherwise satisfactory to Lessor and naming Lessor as a co-obligee in a sum equal to the entire amount to become payable under each Vendor Agreement. Each bond shall be conditioned on the completion of the work in accordance with the plans and specifications for the Equipment and upon payment of all claims of subcontractors and suppliers. Lessee shall cause the surety company to add Lessor as a co-obligee on each Surety Bond, and shall deliver a certified 866
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22 copy of each Surety Bond to Lessor promptly upon receipt thereof by Lessee. Any proceeds from a Surety Bond shall be applied in accordance with such Surety Bond to the payment and performance of the Vendor’s obligations in accordance with the related Vendor Agreement and, if for whatever reason such proceeds are not so applied, first to amounts due Lessor under this Agreement, and any remaining amounts shall be payable to Lessee.

In the event of a material default by any Vendor under any Vendor Agreement in connection with the acquisition, construction, maintenance and/or servicing of the Equipment or in the event of a material breach of warranty with respect to any material workmanship or performance guaranty with respect to the Equipment, Lessee will promptly proceed to exhaust its remedies against the Vendor in default. Lessee shall advise Lessor of the steps it intends to take in connection with any such default. Any amounts received by Lessee in respect of damages, refunds, adjustments or otherwise in connection with the foregoing shall be paid to Lessor and applied against Lessee’s obligations hereunder.

Section 7.05. Advances. In the event Lessee shall fail to keep the Equipment in good repair and working order or shall fail to maintain any insurance required by Section 7.02 hereof, Lessor may, but shall be under no obligation to, maintain and repair the Equipment or obtain and maintain any such insurance coverages, as the case may be, and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the then current Original Term or Renewal Term and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the due date until paid at a rate equal to the Contract Rate (or the Taxable Rate if then in effect) plus five percent (5%) per annum or the maximum amount permitted by law, whichever is less.

ARTICLE VIII
Section 8.01. Damage, Destruction and Condemnation. If, prior to the termination of the Lease Term, (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, (i) Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment or such part thereof and any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee or (ii) Lessee shall exercise its option to prepay the obligations hereunder in accordance with Section 10.01(a)(ii) hereof.

If Lessee elects to replace any item of the Equipment (the “Replaced Equipment”) pursuant to this Section 8.01, the replacement equipment (the “Replacement Equipment”) shall be new or of a quality, type, utility and condition at least as good as the Replaced Equipment, shall be of equal or greater value than the Replaced Equipment and shall provide at least the same level of energy and/or operational savings expected in the aggregate from the Replaced Equipment prior to such casualty, destruction or condemnation and shall have an expected remaining useful life at least through the Scheduled Term. Lessee shall grant to Lessor a first priority security interest in 867
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23 any such Replacement Equipment. Lessee shall represent, warrant and covenant to Lessor that each item of Replacement Equipment is free and clear of all claims, Liens, security interests and encumbrances, excepting only those Liens created by or through Lessor, and shall provide to Lessor any and all documents as Lessor may reasonably request in connection with the replacement, including, but not limited to, documentation in form and substance satisfactory to Lessor evidencing Lessor’s security interest in the Replacement Equipment. Lessor and Lessee hereby acknowledge and agree that any Replacement Equipment acquired pursuant to this paragraph shall constitute “Equipment” for purposes of this Agreement. Lessee shall complete the documentation of Replacement Equipment on or before the next Rental Payment Date after the occurrence of a casualty event, or be required to exercise its option to prepay the obligations hereunder with respect to the damaged Equipment in accordance with Section 10.01(a)(ii) hereof.

For purposes of this Article VIII, the term “Net Proceeds” shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys’ fees, incurred in the collection thereof.

Section 8.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 8.01, Lessee shall either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) pay or cause to be paid to Lessor the amount of the then applicable Casualty Value plus all other amounts then owing hereunder, and, upon such payment, the Lease Term shall terminate and Lessor’s security interest in the Equipment shall terminate as provided in Section 6.01 hereof. The amount of the Net Proceeds remaining, if any, after completing such repair, restoration, modification or improvement or after paying such Casualty Value plus all other amounts then owing hereunder shall be retained by Lessee. If Lessee shall make any payments pursuant to this Section 8.02, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article IV.

ARTICLE IX
Section 9.01. Disclaimer of Warranties. Lessor makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for use of any of the Equipment, or any other warranty or representation, express or implied, with respect thereto and, as to Lessor, Lessee’s acquisition of the Equipment shall be on an “as is” basis. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, the Equipment or the existence, furnishing, functioning or Lessee’s use of any item, product or service provided for in this Agreement.

Section 9.02. Vendor Agreements; Warranties. Lessee covenants that it shall not in any material respect amend, modify, rescind or alter any Vendor Agreement without the prior written consent of Lessor. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during the Lease Term, so long as Lessee shall not be in default under this Agreement and so long as no Event of Non-appropriation has occurred, to assert from time to time whatever claims and rights 868
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24 (including without limitation warranties) relating to the Equipment that Lessor may have against a Vendor. Lessee’s sole remedy for the breach of such warranty, indemnification or representation shall be against the applicable Vendor of the Equipment, and not against Lessor. Any such matter shall not have any effect whatsoever on the rights and obligations of Lessor under this Agreement, including the right to receive full and timely Rental Payments and other payments hereunder.

Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties relating to any of the Equipment.

ARTICLE X
Section 10.01. Prepayment; Payment in Full or in Part.
(a) Prepayment. Lessee shall have the option to prepay or satisfy some or all of its obligations hereunder, at the following times and upon the following terms:
(i) Optional Prepayment in Whole. From and after the date specified (if any) in the Payment Schedule (the “Prepayment Option Commencement Date”), on the Rental Payment Dates specified in the Payment Schedule, upon not less than forty-five (45) days prior written notice, and upon payment in full of the sum of all Rental Payments then due plus the then applicable Prepayment Price, which shall include a prepayment premium on the unpaid Outstanding Balance as set forth in the Payment Schedule plus all other amounts then owing hereunder; or
(ii) Casualty or Condemnation Prepayment. In the event of substantial damage to or destruction or condemnation of substantially all of the Equipment, on the day specified in Lessee’s notice to Lessor of its exercise of the prepayment option (which shall be the earlier of the next Rental Payment Date or sixty (60) days after the casualty event) upon payment in full to Lessor of (A) in the event such prepayment occurs on a Rental Payment Date, the sum of (i) all Rental Payments then due plus (ii) the then applicable Casualty Value plus (iii) all other amounts then owing hereunder OR, (B) in the event such prepayment occurs on a date other than a Rental Payment Date, the sum of (i) the applicable Casualty Value shown on the Payment Schedule for the Rental Payment Date immediately preceding the applicable date of such prepayment (or if the date of such prepayment occurs prior to the first Rental Payment Date, the earliest Casualty Value shown on the Payment Schedule) plus (ii) accrued interest at the Contract Rate (or the Taxable Rate if then in effect) on the Outstanding Balance as of the Rental Payment Date immediately preceding the applicable date of such prepayment from such Rental Payment Date (or if the date of such prepayment occurs prior to the first Rental Payment Date, the Commencement Date) to the date of such prepayment plus (iii) all other amounts then owing hereunder; or (iii) Extraordinary Prepayment in Part. Prior to August 28, 2028, on any Rental Payment Date following the Lessee’s receipt of the Project Grant, upon not less than thirty (30) days prior written notice, the Lessee may exercise a one-time extraordinary prepayment up to a total amount of $__________which shall be applied by Lessor to the applicable unpaid Principal Portion of Rental Payments owing hereunder (on a pro rata 869
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25 basis) at a price of ____% of such prepaid Principal Portion plus accrued interest thereon to the prepayment date. In connection with any partial prepayment of Rental Payments, Lessor shall prepare a new Payment Schedule and deliver the same to the Lessee, which shall be binding, absent manifest error.
(b) Payment in Full. Lessor’s security interests in and to the Equipment will be terminated and Lessee will own such Equipment free and clear of Lessor’s security interest in such Equipment after either (i) payment of either (A) the applicable Prepayment Price and all other amounts then owing hereunder in accordance with Section 10.01(a)(i) of this Agreement or (B) the applicable Casualty Value and all other amounts then owing hereunder in accordance with Section 10.01(a)(ii) of this Agreement or (ii) upon the expiration of the Scheduled Term and payment in full of all Rental Payments then due and all other amounts then owing hereunder in accordance with this Agreement. Notwithstanding anything herein to the contrary, no portion of Lessor’s security interests in and to the Equipment or other Collateral will be terminated due to any partial prepayment pursuant to Section 10.01(a)(iii) of this Agreement.

ARTICLE XI
Section 11.01. Assignment by Lessor. (a) Lessor’s right, title and interest in and to this Agreement, the Rental Payments and any other amounts payable by Lessee hereunder, the Escrow Agreement, its security interest in the Collateral (collectively, the “Assigned Rights”), may be assigned and reassigned by Lessor at any time, in whole or in part, to one or more assignees or sub-assignees without the necessity of obtaining the consent of Lessee; provided, that any such assignment, transfer or conveyance (i) shall be made only to investors each of whom Lessor reasonably believes is a “qualified institutional buyer” as defined in Rule 144A(a)(1) promulgated under the Securities Act of 1933, as amended, or an “accredited investor” as defined in Section 501(a)(1), (2), (3) or (7) of Regulation D promulgated under the Securities Act of 1933, as amended, and in either case is purchasing the Assigned Rights (or any interest therein) for its own account with no present intention to resell or distribute such Assigned Rights (or interest therein), subject to each investor’s right at any time to dispose of the Assigned Rights (or any interest therein) as it determines to be in its best interests, (ii) shall not result in more than 35 owners of the Assigned Rights or the creation of any interest in the Assigned Rights in an aggregate principal component that is less than $100,000 and (iii) shall not require Lessee to make Rental Payments, to send notices or otherwise to deal with respect to matters arising hereunder or under the Escrow Agreement with or to more than one Lease Servicer (as such term is defined below), and any trust agreement, participation agreement or custodial agreement under which multiple ownership interests in the Assigned Rights are created shall provide the method by which the owners of such interests shall establish the rights and duties of a single entity, trustee, owner, servicer or other fiduciary or agent acting on behalf of all of the assignees (herein referred to as the “Lease Servicer”) to act on their behalf with respect to the Assigned Rights, including with respect to the exercise of rights and remedies of Lessor on behalf of such owners upon the occurrence of an Event of Default or an Event of Non-appropriation under this Agreement. Lessor and Lessee hereby acknowledge and agree that the restrictions and limitations on transfer as provided in this Section 11.01 shall apply to the first and subsequent assignees and sub-assignees of any of the Assigned Rights (or any interest therein). 870
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26 (b) Unless to an affiliate controlling, controlled by or under common control with Lessor, no assignment, transfer or conveyance permitted by this Section 11.01 shall be effective as against Lessee until Lessee shall have received a written notice of assignment that discloses the name and address of each such assignee; provided, that if such assignment is made to a bank or trust company as trustee or paying agent for owners of certificates of participation, participation interests, trust certificates or partnership interests with respect to the Rental Payments payable under this Agreement, it shall thereafter be sufficient that Lessee receives notice of the name and address of the bank, trust company or other entity that acts as the Lease Servicer. Notices of assignment provided pursuant to this Section 11.01(b) shall contain a confirmation of compliance with the transfer requirements imposed by Section 11.01(a) hereof. During the Lease Term, Lessee shall keep, or cause to be kept, a complete and accurate record of all such assignments in form necessary to comply with Section 149 of the Code. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees or Lease Servicer last designated in such register. Lessee shall not have the right to and shall not assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor or the Vendor.

Assignments in part may include without limitation assignment of all of Lessor’s security interest in and to the Equipment and all rights in, to and under this Agreement related to such Equipment, and all of Lessor’s security interest in and to the Collateral, or all rights in, to and under the Escrow Agreement.
(c) If Lessor notifies Lessee of its intent to assign this Agreement, Lessee agrees that it shall execute and deliver to Lessor a Notice and Acknowledgement of Assignment substantially in the form of Exhibit H attached hereto within five (5) business days after its receipt of such request.

Section 11.02. Assignment and Subleasing by Lessee. None of Lessee’s right, title, and interest in, to and under this Agreement or any portion of the Equipment, the Escrow Agreement, the Escrow Account or any of the other Collateral may be assigned, encumbered or subleased by Lessee for any reason, and any purported assignment, encumbrance or sublease without Lessor’s prior written consent shall be null and void.

ARTICLE XII
Section 12.01. Events of Default Defined. Any of the following events shall constitute an “Event of Default” under this Agreement:
(a) Failure by Lessee to (i) pay any Rental Payment or other payment required to be paid under this Agreement within ten (10) days after the date when due as specified herein, (ii) maintain insurance as required herein, or (iii) observe and perform any covenant, condition or agreement on its part to be observed or performed under Section 6.01 or 6.02 hereof;
(b) Failure by Lessee to observe and perform any covenant, condition or agreement contained in this Agreement on its part to be observed or performed, other than as referred to in subsection (a) above, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, 871
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27 unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected;
(c) Any statement, representation or warranty made by Lessee in or pursuant to this Agreement or its execution, delivery or performance shall prove to have been false, incorrect, misleading, or breached in any material respect on the date when made; (d) Any default occurs under any other agreement for borrowing money, lease financing of property or otherwise receiving credit under which Lessee is an obligor, if such default (i) arises under any other agreement for borrowing money, lease financing of property or provision of credit provided by Lessor or any affiliate of Lessor, or (ii) arises under any obligation under which there is outstanding, owing or committed an aggregated amount in excess of $100,000.00 provided further that, obligations referenced in this subsection (d) do not include bonds and other similar obligations issued by Lessee solely as a conduit issuer for which Lessee is never ultimately responsible to pay from its own funds;
(e) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable Federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, liquidation, readjustment, reorganization, moratorium or insolvency proceeding; or (f) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator for Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of thirty (30) consecutive days.

Section 12.02. Remedies on Default. Whenever any Event of Default exists, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps:
(a) By written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee and other amounts payable by Lessee hereunder to the end of the then current Original Term or Renewal Term to be immediately due and payable; (b) With or without terminating the Lease Term, Lessor may enter the premises where the Equipment is located and retake possession of such Equipment or require Lessee 872
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28 at Lessee’s expense to promptly return any or all of such Equipment to the possession of Lessor at such place within the United States as Lessor shall specify, and sell or lease such Equipment or, for the account of Lessee, sublease such Equipment, continuing to hold Lessee liable, but solely from legally available funds, for the difference between (i) the Rental Payments payable by Lessee and other amounts hereunder that are payable by Lessee to the end of the then current Original Term or Renewal Term, as the case may be, and (ii) the net proceeds of any such sale, leasing or subleasing (after deducting all expenses of Lessor in exercising its remedies hereunder, including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing such Equipment and all brokerage, auctioneer’s and attorney’s fees), subject, however, to the provisions of Section 3.03 of this Agreement. The exercise of any such remedies respecting any such Event of Default shall not relieve Lessee of any other liabilities hereunder or with respect to the Equipment;
(c) Lessor may terminate the Escrow Agreement and apply any proceeds in the Escrow Account to the Rental Payments scheduled to be paid hereunder; and/or (d) Lessor may take whatever action at law or in equity as may appear necessary or desirable to enforce its rights under this Agreement or the Escrow Agreement or as a secured party in any or all of the Equipment or the Escrow Account.

Section 12.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article XII it shall not be necessary to give any notice other than such notice as may be required in this Article XII.

ARTICLE XIII
Section 13.01. Notices. All notices, certificates or other communications under this Agreement shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, or delivered by overnight courier, or sent by facsimile transmission (with electronic confirmation) to the parties hereto at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party) and to any assignee at its address as it appears on the registration books maintained by Lessee.

Section 13.02. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns.

Section 13.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
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29 Section 13.04. Amendments, Changes and Modifications. This Agreement may only be amended by Lessor and Lessee in writing.

Section 13.05. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument; provided, that only Counterpart No. 1 of this Agreement shall constitute chattel paper for purposes of the applicable Uniform Commercial Code.

Section 13.06. Applicable Law; Venue; Waiver of Jury Trial. This Agreement shall be governed by and construed in accordance with the laws of the State. The parties hereto consent and submit to the jurisdiction of the State and venue in any state or Federal court of such State for the purposes of any suit, action or other proceeding arising in connection with this Agreement, and each party expressly waives any objections that it may have to the venue of such courts. The parties hereto expressly waive any right to trial by jury in any action brought on or with respect to this Agreement. If the waiver of jury trial contained herein is unenforceable for any reason, then the parties hereto agree that the court shall, and is hereby directed to, make a general reference pursuant to California Code of Civil Procedure Section 638 to a referee to hear and determine all of the issues in such action or proceeding (whether of fact or of law) and to report a statement of decision.

Section 13.07. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement.

Section 13.08. No Advisory or Fiduciary Relationship. In connection with all aspects of each transaction contemplated by this Agreement (including in connection with any amendment, waiver or other modification hereof or of any other related document), the Lessee acknowledges and agrees that: (a) (i) the transactions regarding this Agreement provided by the Lessor and any affiliate thereof are arm’s-length commercial transactions between the Lessee, on the one hand, and the Lessor and its affiliates, on the other hand, (ii) the Lessee has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (iii) the Lessee is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated by this Agreement and by the other related documents; (b) (i) the Lessor and its affiliates each is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary, for the Lessee, or any other person and (ii) neither the Lessor nor any of its affiliates has any obligation to the Lessee with respect to the transactions contemplated by this Agreement except those obligations expressly set forth herein and in the other related documents; and (c) the Lessor and its affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Lessee, and neither the Lessor nor any of its affiliates has any obligation to disclose any of such interests to the Lessee. To the fullest extent permitted by law, the Lessee, hereby waives and releases any claims that it may have against the Lessor or any of its affiliates with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transactions contemplated by this Agreement. 874
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30 Section 13.09. Entire Agreement. The parties agree that this Agreement constitutes the final and entire agreement between the parties superseding all conflicting terms or provisions of any prior proposals, term sheets, solicitation documents, requests for proposals, award notices, approval letters or any other agreements or understandings between the parties.

Section 13.10. Electronic Signatures. The Related Documents may be executed and delivered by facsimile signature or other electronic or digital means (including, without limitation, Adobe’s Portable Document Format (“PDF”)). Any such signature shall be of the same force and effect as an original signature, it being the express intent of the parties to create a valid and legally enforceable contract between them. The exchange and delivery of the Related Documents and the related signature pages via facsimile or as an attachment to electronic mail (including in PDF) shall constitute effective execution and delivery by the parties and may be used by the parties for all purposes. Notwithstanding the foregoing, at the request of either party, the parties hereto agree to exchange inked original replacement signature pages as soon thereafter as reasonably practicable. [Signature Page Follows]
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Attachment “3”
[Signature Page of Equipment Lease/Purchase Agreement]
IN WITNESS WHEREOF, Lessor and Lessee have caused this Equipment Lease/Purchase Agreement to be executed in their names by their duly authorized representatives as of the date first above written.

LESSOR: LESSEE:

BANC OF AMERICA PUBLIC CAPITAL CORP CITY OF ESCONDIDO
11333 McCormick Road
Hunt Valley II
M/C MD5-032-07-05
Hunt Valley, MD 21031
Attention: Contract Administration
Fax No.: (443) 541-3057
Escondido City Hall
201 North Broadway
Escondido, CA 92025
Attention: Director of Finance
Telephone: (760) 839-4880
Fax No.: ________________
Email: [email protected]
By:________________________________
Name: __________________________
Title: ___________________________
By:________________________________
Name: __________________________
Title: ___________________________
Counterpart No. _____ of _____ manually executed and serially numbered counterparts.

To the extent that this Agreement constitutes chattel paper (as defined in the applicable Uniform Commercial Code), no security interest or ownership herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1. 876
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LIST OF EXHIBITS
EXHIBIT A — Form of Equipment Schedule
EXHIBIT B — Form of Payment Schedule
EXHIBIT C-1 — Form of Authorizing Resolution
EXHIBIT C-2 — Form of Incumbency and Authorization Certificate EXHIBIT D — Form of Opinion of Lessee’s Counsel
EXHIBIT E — Form of Final Acceptance Certificate
EXHIBIT F — Reserved
EXHIBIT G — Form of Acknowledgement and Disclaimer of Interests EXHIBIT H — Form of Notice and Acknowledgement of Assignment EXHIBIT I — Form of Escrow and Account Control Agreement 877
Item5.

EXHIBIT A

EQUIPMENT SCHEDULE
Location of Equipment:

Equipment Description (Scope of Work):
878
Item5.

EXHIBIT B

PAYMENT SCHEDULE
RENTAL

PAYMENT
DATE
RENTAL

PAYMENT
AMOUNT

INTEREST

PORTION

PRINCIPAL

PORTION

OUTSTANDING

BALANCE

PREPAYMENT
PRICE
(including
prepayment
premium, if any)

CASUALTY
VALUE
(including casualty
premium, if any)
8/28/25 $46,000,000.00 46,920,000.00
3/1/26 $1,722,828.83 $999,403.67 $723,425.16 45,276,574.84 NA 46,182,106.34 9/1/26 1,722,828.83 967,560.40 755,268.43 44,521,306.41 NA 45,411,732.54 3/1/27 1,722,828.83 951,420.32 771,408.51 43,749,897.90 NA 44,624,895.86 9/1/27 1,722,828.83 934,935.32 787,893.51 42,962,004.39 NA 43,821,244.48 3/1/28 1,722,828.83 918,098.03 804,730.80 42,157,273.59 NA 43,000,419.06 9/1/28 1,722,828.83 900,900.94 821,927.89 41,335,345.70 NA 42,162,052.61 3/1/29 1,722,828.83 883,336.34 839,492.49 40,495,853.21 $41,305,770.27 41,305,770.27 9/1/29 1,722,828.83 865,396.38 857,432.45 39,638,420.76 40,431,189.18 40,431,189.18 3/1/30 1,722,828.83 847,073.05 875,755.78 38,762,664.98 39,537,918.28 39,537,918.28 9/1/30 1,722,828.83 828,358.15 894,470.68 37,868,194.30 38,625,558.19 38,625,558.19 3/1/31 1,722,828.83 809,243.31 913,585.52 36,954,608.78 37,693,700.96 37,693,700.96 9/1/31 1,722,828.83 789,719.99 933,108.84 36,021,499.94 36,741,929.94 36,741,929.94 3/1/32 1,722,828.83 769,779.45 953,049.38 35,068,450.56 35,769,819.57 35,769,819.57 9/1/32 1,722,828.83 749,412.79 973,416.04 34,095,034.52 34,776,935.21 34,776,935.21 3/1/33 1,722,828.83 728,610.89 994,217.94 33,100,816.58 33,762,832.91 33,762,832.91 9/1/33 1,722,828.83 707,364.45 1,015,464.38 32,085,352.20 32,727,059.24 32,727,059.24 3/1/34 1,722,828.83 685,663.98 1,037,164.85 31,048,187.35 31,669,151.10 31,669,151.10 9/1/34 1,722,828.83 663,499.76 1,059,329.07 29,988,858.28 30,588,635.45 30,588,635.45 3/1/35 1,722,828.83 640,861.90 1,081,966.93 28,906,891.35 29,485,029.18 29,485,029.18 9/1/35 1,722,828.83 617,740.27 1,105,088.56 27,801,802.79 28,357,838.85 28,357,838.85 3/1/36 1,722,828.83 594,124.53 1,128,704.30 26,673,098.49 26,939,829.47 26,939,829.47 9/1/36 1,722,828.83 570,004.11 1,152,824.72 25,520,273.77 25,775,476.51 25,775,476.51 3/1/37 1,722,828.83 545,368.25 1,177,460.58 24,342,813.19 24,586,241.32 24,586,241.32 9/1/37 1,722,828.83 520,205.92 1,202,622.91 23,140,190.28 23,371,592.18 23,371,592.18 3/1/38 1,722,828.83 494,505.87 1,228,322.96 21,911,867.32 22,130,985.99 22,130,985.99 9/1/38 1,722,828.83 468,256.60 1,254,572.23 20,657,295.09 20,863,868.04 20,863,868.04 3/1/39 1,722,828.83 441,446.40 1,281,382.43 19,375,912.66 19,569,671.79 19,569,671.79 9/1/39 1,722,828.83 414,063.25 1,308,765.58 18,067,147.08 18,247,818.55 18,247,818.55 3/1/40 1,722,828.83 386,094.93 1,336,733.90 16,730,413.18 16,897,717.31 16,897,717.31 9/1/40 1,722,828.83 357,528.93 1,365,299.90 15,365,113.28 15,518,764.41 15,518,764.41 3/1/41 1,722,828.83 328,352.47 1,394,476.36 13,970,636.92 14,110,343.29 14,110,343.29 9/1/41 1,722,828.83 298,552.51 1,424,276.32 12,546,360.60 12,671,824.21 12,671,824.21 3/1/42 1,722,828.83 268,115.73 1,454,713.10 11,091,647.50 11,202,563.98 11,202,563.98 879
Item5.

B-2
RENTAL

PAYMENT
DATE
RENTAL

PAYMENT
AMOUNT

INTEREST

PORTION

PRINCIPAL

PORTION

OUTSTANDING

BALANCE

PREPAYMENT
PRICE
(including
prepayment
premium, if any)

CASUALTY
VALUE
(including casualty
premium, if any)
9/1/42 1,722,828.83 237,028.51 1,485,800.32 9,605,847.18 9,701,905.65 9,701,905.65 3/1/43 1,722,828.83 205,276.95 1,517,551.88 8,088,295.30 8,169,178.25 8,169,178.25 9/1/43 1,722,828.83 172,846.87 1,549,981.96 6,538,313.34 6,603,696.47 6,603,696.47 3/1/44 1,722,828.83 139,723.76 1,583,105.07 4,955,208.27 5,004,760.35 5,004,760.35 9/1/44 1,722,828.83 105,892.80 1,616,936.03 3,338,272.24 3,371,654.96 3,371,654.96 3/1/45 1,722,828.83 71,338.88 1,651,489.95 1,686,782.29 1,703,650.11 1,703,650.11 9/1/45 1,722,828.83 36,046.54 1,686,782.29 - - -
TOTAL $68,913,153.20 $22,913,153.20 $46,000,000.00
Contract Rate. The Contract Rate is 4.274% per annum.

Prepayment Option Commencement Date. For purposes of Section 10.01 of the Agreement, the Prepayment Option Commencement Date is March 1, 2029. 880
Item5.
[Signature Page to Payment Schedule]
LESSOR: LESSEE:

BANC OF AMERICA PUBLIC CAPITAL CORP CITY OF ESCONDIDO
By:________________________________
Name: __________________________
Title: ___________________________
By:________________________________
Name: __________________________
Title: ___________________________
881
Item5.

EXHIBIT C-1

FORM OF AUTHORIZING RESOLUTION

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF

ESCONDIDO AUTHORIZING THE EXECUTION AND DELIVERY OF AN

EQUIPMENT LEASE/PURCHASE AGREEMENT WITH RESPECT TO THE

ACQUISITION, FINANCING AND LEASING OF CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT WITHIN THE TERMS PROVIDED HEREIN;

AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS
REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE

TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION.

WHEREAS, the City of Escondido (the “Lessee”), a city duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of California, is authorized by the laws of the State of California to acquire, finance and lease personal property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the Lessee desires to acquire, finance and lease certain equipment with a cost not to exceed $ __________ constituting personal property necessary for the Lessee to perform essential governmental functions (the “Equipment”); and WHEREAS, in order to acquire such Equipment, the Lessee proposes to enter into that certain Equipment Lease/Purchase Agreement (the “Agreement”) with Banc of America Public Capital Corp (or one of its affiliates), as lessor, (the “Lessor”), the form of which has been presented to the governing body of the Lessee at this meeting; and WHEREAS, the governing body of the Lessee deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreement and the other documentation relating to the acquisition, financing and leasing of the Equipment to be therein described on the terms and conditions therein and herein provided; NOW, THEREFORE, Be It And It Is Hereby Resolved by the governing body of the Lessee as follows:

Section 1. Findings and Determinations. It is hereby found and determined that the terms of the Agreement, in the form presented to the governing body of Lessee at this meeting, are in the best interests of the Lessee for the acquisition, financing and leasing of the Equipment.

Section 2. Approval of Documents. The form, terms and provisions of the Agreement are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by the __________________ [insert title of officials] of the Lessee or other members of the governing body of the Lessee executing (in writing or electronically) the same, the execution of such documents being conclusive evidence of such approval; and the _________________________ of the Lessee is hereby authorized and directed 882
Item5.

C-1-2
to execute (in writing or electronically), and the ________________ of the Lessee is hereby authorized and directed to attest, the Agreement and any related Exhibits attached thereto and to deliver the Agreement (including such Exhibits) to the respective parties thereto, and the ________________________ of the Lessee is hereby authorized to affix the seal of the Lessee to such documents.

Section 3. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby (including the execution (in writing or electronically) and delivery of a Final Acceptance Certificate, an Escrow Agreement, Disbursement Requests and any tax certificate and agreement, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution (in writing or electronically) and delivery of any closing and other documents required to be delivered in connection with the Agreement.

Section 4. No General Liability. Nothing contained in this Resolution, the Agreement, the Escrow Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, the Escrow Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under the Agreement are limited obligations of the Lessee, subject to annual appropriation, as provided in the Agreement.

Section 5. Appointment of Authorized Lessee Representatives. The ___________ _____________________ and __________________________ of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of the Agreement and the Escrow Agreement until such time as the governing body of the Lessee shall designate any other or different authorized representative for purposes of the Agreement or the Escrow Agreement.

Section 6. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.

Section 7. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency with respect to this Resolution. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof.

Section 8. Effective Date. This Resolution shall be effective immediately upon its approval and adoption.
883
Item5.

C-1-3
ADOPTED AND APPROVED by the governing body of the Lessee this ________ day of _________.

CITY OF ESCONDIDO, as Lessee
[SEAL]
By:____________________________________
Printed Name: ________________________
Title: _______________________________
Attest:

By:_________________________________
Printed Name: _____________________
Title: ____________________________
884
Item5.

C-1-4
The undersigned, a duly elected or appointed and acting City Clerk of the Lessee identified in the above Resolution No. ___ (the “Resolution”), hereby certifies that the Resolution is a full, true and correct copy of such Resolution as adopted by the governing body of the Lessee on ____________, 20__. The Resolution is in full force and effect on the date hereof and has not been amended, modified or otherwise changed by the governing body of the Lessee since the date of adoption of the Resolution.

Dated this ____ day of ____________, 20__.
_______________________________________
Name: _________________________________
Title: __________________________________
885
Item5.

EXHIBIT C-2

FORM OF INCUMBENCY AND AUTHORIZATION CERTIFICATE
The undersigned, a duly elected or appointed and acting City Clerk of the City of Escondido (“Lessee”) certifies as follows:

EXHIBIT D

FORM OF OPINION OF COUNSEL TO LESSEE
(TO BE TYPED ON LETTERHEAD OF COUNSEL)
[Closing Date]
Banc of America Public Capital Corp
11333 McCormick Road
M/C MD5-032-07-05
Hunt Valley, MD 21031
Attn: Contract Administration
Re: Equipment Lease/Purchase Agreement,
dated as of August 28, 2025, by and between
Banc of America Public Capital Corp, as Lessor,
and the City of Escondido, as Lessee
Ladies and Gentlemen:

As legal counsel to the City of Escondido (“Lessee”), I have examined (a) an executed counterpart of that certain Equipment Lease/Purchase Agreement, dated as of August 28, 2025, and Exhibits thereto by and between Banc of America Public Capital Corp (“Lessor”) and Lessee (the “Agreement”), which, among other things, provides for the lease of certain property (the “Equipment”) and a certain Escrow and Account Control Agreement dated as of August 28, 2025 by and among Lessor, Lessee, and UMB Bank, National Association as Escrow Agent (the “Escrow Agreement”), (b) an executed counterpart of the ordinances or resolutions of Lessee with respect to authorization of the transaction contemplated by the Agreement, the Escrow Agreement and documents related thereto, and (c) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions. The Agreement, the Escrow Agreement, and the documents relating thereto are herein collectively referred to as the “Transaction Documents”.

Based on the foregoing, I am of the following opinions:

1. Lessee is a city, duly organized and existing under the laws of the State, and is a political subdivision of the State within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended (the “Code”) and the obligations of Lessee under the Agreement will constitute an obligation of Lessee within the meaning of Section 103(a) of the Code, notwithstanding Section 103(b) of the Code.

2. Lessee has the requisite power and authority to lease and acquire the Equipment and to execute and deliver the Transaction Documents and to perform its obligations under the Transaction Documents.
887
Item5.

D-2

3. The Transaction Documents have been duly authorized, approved, executed and delivered by and on behalf of Lessee and the Transaction Documents are legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their respective terms, except to the extent limited by state and federal law affecting creditor’s remedies and by bankruptcy, reorganization, moratorium or other laws of general application relating to or affecting the enforcement of creditors’ rights.

4. The authorization, approval, execution and delivery of the Transaction Documents and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, procurement and public bidding laws and all other applicable State or Federal laws.

5. There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Transaction Documents or the security interest of Lessor or its assigns, as the case may be, in the Equipment, the Escrow Account or other Collateral thereunder.

6. The portion of Rental Payments designated as interest is excluded from gross income for Federal income tax purposes under Section 103 of the Code and is exempt from State of California personal income taxes; and such interest is not a specific item of tax preference for purposes of the federal alternative minimum tax.

All capitalized terms herein shall have the same meanings as in the Transaction Documents unless otherwise provided herein. Lessor and its successors and assigns are entitled to rely on this opinion.

Sincerely,
888
Item5.

EXHIBIT E

FORM OF FINAL ACCEPTANCE CERTIFICATE
Banc of America Public Capital Corp
11333 McCormick Road
M/C MD5-032-07-05
Hunt Valley, MD 21031
Attn: Contract Administration
Re: Equipment Lease/Purchase Agreement,
dated as of August 28, 2025, by and between
Banc of America Public Capital Corp, as Lessor,
and the City of Escondido, as Lessee
Ladies and Gentlemen:

In accordance with the above-referenced Equipment Lease/Purchase Agreement (the “Agreement”), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows:

1. All of the Equipment has been delivered, installed and accepted on the date hereof.

2. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes.

3. Lessee is currently maintaining the insurance coverage required by Section 7.02 of the Agreement.

4. Lessee hereby reaffirms that the representations, warranties and covenants contained in the Agreement are true and correct as of the date hereof.

5. No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default exists at the date hereof.

6. No Material Adverse Change has occurred since the date of the execution and delivery of the Agreement.

7. No Event of Non-appropriation has occurred or been threatened.

Capitalized terms used, but not defined, in this Final Acceptance Certificate shall have the same meanings as when such terms are used in the Agreement. 889
Item5.

E-2
Date: ____________________-
LESSEE:

CITY OF ESCONDIDO
By:____________________________________
Name: ______________________________
Title: _______________________________
(SEAL)
890
Item5.

EXHIBIT F

RESERVED
891
Item5.
tmp35C8
2316503

EXHIBIT G

FORM OF ACKNOWLEDGEMENT AND DISCLAIMER OF INTERESTS
TO BE RECORDED AND WHEN RECORDED RETURN TO:

Banc of America Public Capital Corp
11333 McCormick Road
Hunt Valley II
M/C MD5-032-07-05
Hunt Valley, MD 21031
Attention: Contract Administration

ACKNOWLEDGMENT AND DISCLAIMER OF INTERESTS
DATED AS OF [_________]
Banc of America Public Capital Corp
Hunt Valley, MD
RE: Equipment Lease/Purchase Agreement (Escrow Account) dated as of August 28, 2025, between Banc of America Public Capital Corp and the City of Escondido City of Escondido (with its successors and assigns, the “Fee Owner”), is the owner of the real estate commonly known as [_________] and described on Exhibit A attached hereto (the “Real Property”).

Fee Owner has previously located and installed and continues to operate, maintain and use certain property and equipment (collectively, the “City Equipment”) on the Real Property. Banc of America Public Capital Corp (with its successors and assigns, “Secured Party”) has previously extended credit to the Fee Owner that is secured by, among other things, the City Equipment.

The Fee Owner has entered into an Equipment Lease/Purchase Agreement dated as of August 28, 2025 (as amended or supplemented, the “Financing Agreement”), with the Secured Party for the financing of capital improvements, equipment and other property, together with all replacements, repairs, restorations, modifications and improvements thereof or thereto and all accessories, equipment, parts and appurtenances appertaining or attached to any of such equipment, and all substitutions, renewals, or replacements of and additions, improvements, accessions and accumulations to any and all of such equipment, together with all the rents, issues, income, profits, proceeds and avails therefrom (the “Collateral”), a portion of which is located upon the Real Property and a portion of which includes the City Equipment. The Secured Party has an exclusive first priority security interest constituting a first lien on such Collateral.

The Fee Owner desires to finance [________] by issuing or entering into [Describe lease/leaseback documents] (the “[LRB/COPs Documents]”) with 892
Item5.
-3-
[Lessee/Sublessor/Authority] and [Describe lease revenue bond or COPs documents] with [Trustee]. [Payments under the [LRB/COPs] are insured by [Bond Insurer].] Section 6.03(b) of the Financing Agreement prohibits any mortgage, pledge, lien, security interest, charge or other encumbrance of any nature on or with respect to the Real Property, without a waiver of interest in the Collateral from a mortgagee or any other party having an interest in the Real Property, such waiver to be in form and substance satisfactory to the Secured Party. The Secured Party, as a condition to permitting the leasehold interest on the Real Property (excluding all Collateral) contemplated by the [LRB/COPs Documents], requires that the [Lessee/Sublessor/Authority] and the [Trustee/Bond Insurer]1 provide the waivers, disclaimers and further assurances set forth in this Acknowledgment and Disclaimer of Interests (this “Disclaimer”).

NOW, therefore, for good and sufficient consideration, receipt of which is hereby acknowledged, the Fee Owner, [Lessee/Sublessor/Authority] and the [Trustee/Bond Insurer] represent, acknowledge, covenant and agree to and for the benefit of the Secured Party as follows:

1. Each of the [Lessee/Sublessor/Authority] and the [Trustee/Bond Insurer] waives, disclaims, relinquishes and releases all interest in, right or claim to and lien on the Collateral, including, but not limited to, any right of levy or distraint upon the Collateral for rent.

2. Each of the [Lessee/Sublessor/Authority] and the [Trustee/Bond Insurer] acknowledges Secured Party’s exclusive first priority security interest in the Collateral located on the Real Property. Each of the [Lessee/Sublessor/Authority] and the [Trustee/Bond Insurer] acknowledges and agrees that they have no right to remove or disturb any of the Collateral located on the Real Property. The Fee Owner (or Secured Party, to the extent permitted under the Financing Agreement) may from time to time, at its own expense, make additions, modifications and improvements to the Collateral (to the extent doing so complies with the terms of the Financing Agreement). Such additions, modifications and improvements to the Collateral shall remain the sole property of the Fee Owner (subject only to Secured Party’s exclusive first priority security interest), and none of the [Lessee/Sublessor/Authority] and the [Trustee/Bond Insurer] shall have any interest therein. The Secured Party is granted the right of ingress and egress on the Real Property to inspect, use and/or remove the Collateral, and at any time may enter upon the Real Property to inspect, use and/or remove the Collateral located there without any liability whatsoever to the Secured Party, except for any damages to the Fee Owner’s buildings or other improvements on the Real Property directly caused by the failure of the Secured Party to remove or use the Collateral with reasonable care.

3. Each of the [Lessee/Sublessor/Authority] and the [Trustee/Bond Insurer] agrees not to take any action to terminate the Fee Owner’s right to occupy the Real Property under the [LRB/COPs Documents] without sixty (60) days prior written notice to the Secured Party.

1 Both Bond Insurer, if any, and Trustee should sign. If there is a Bond Insurer, Disclaimer should be revised to reference both entities throughout and additional signature block should be added. 893
Item5.
-4-

4. Notwithstanding anything to the contrary in any agreement or instrument, and notwithstanding the means by which the Collateral may be attached or affixed to the Real Property, the Collateral shall be and remain equipment or other personal property and shall not be considered a fixture, a part of or affixed to the Real Property. Title to the Collateral shall vest in the Fee Owner, subject only to Secured Party’s exclusive first priority security interest therein, and otherwise shall be controlled by the terms of the Financing Agreement.

5. The Fee Owner represents that other than the Secured Party’s interests in the City Equipment and the proposed [LRB/COPs Documents], no other lien, mortgage, hypothecation, encumbrance, security interest or other arrangement (including any financing arrangement or conditional sale or other encumbrance on title to real property or any financing lease having substantially the same economic effect as any of the foregoing) exists on, or is proposed or contemplated, with respect to the Real Property.

6. The Fee Owner agrees to notify any purchaser of the Real Property, or any party obtaining a mortgage or other lien on the Real Property, of this Disclaimer. Each of the [Lessee/Sublessor/Authority] and the [Trustee/Bond Insurer] agrees to notify any sublessee of the Real Property, or any party obtaining an interest in the leasehold interest in the Real Property under [LRB/COPs Documents], of this Disclaimer. This Disclaimer shall be binding upon the successors and assigns of the Fee Owner, the [Lessee/Sublessor/Authority] and the [Trustee/Bond Insurer] and inure to the benefit of the Secured Party and its successors and assigns. The Fee Owner, the [Lessee/Sublessor/Authority] and the [Trustee/Bond Insurer] shall ensure that no other Person with any interest in the Real Property has any interest in, right or claim to and lien on the Collateral without Secured Party’s prior written consent in its sole and absolute discretion. “Person” means any individual, corporation, not for profit corporation, partnership, limited liability company, joint venture, association, professional association, joint stock company, trust, unincorporated organization, government or any agency or political subdivision thereof or any other form of entity.

7. This Disclaimer shall be continuing, absolute and unconditional, with no act of any kind taken or not taken by any party at any time to affect or impair this Disclaimer.

This Disclaimer shall remain in full force and effect until all obligations of the Fee Owner to the Secured Party created or existing have been fully paid and performed.

8. The Fee Owner is the fee simple owner of the Real Property and warrants that it has authority to execute and deliver this Disclaimer to the Secured Party. Each of the [Lessee/Sublessor/Authority] and the [Trustee/Bond Insurer] warrants that it has authority to execute and deliver this Disclaimer to the Secured Party.

9. This Disclaimer shall be governed by and construed under the laws of the State of California.
894
Item5.
[Signature Page to Disclaimer of Interests]
IN WITNESS WHEREOF, the parties hereto have caused this Acknowledgment and Disclaimer of Interests to be executed by its respective officer thereunto duly authorized, all as of the day and year first above written.

CITY OF ESCONDIDO, as Fee Owner
By:

Name: ______________________________
Title: _______________________________
[LESSEE/SUBLESSOR/AUTHORITY]
By:

Name: ______________________________
Title: _______________________________
[TRUSTEE/BOND INSURER]
2 By:

Name: ______________________________
Title: _______________________________

2 Both Bond Insurer, if any, and Trustee should sign. If there is a Bond Insurer, Disclaimer should be revised to reference both entities throughout and additional signature block should be added. 895
Item5.

STATE OF __________ )
) ss
COUNTY OF _____________ )
On ______________________ before me, ____________________, 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.

WITNESS my hand and official seal.
__________________________________
[Seal]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
896
Item5.

EXHIBIT A

DESCRIPTION OF THE REAL PROPERTY
The land referred to herein is situated in the State of California, and is more particularly described as follows:
900
Item5.

EXHIBIT H

FORM OF NOTICE AND ACKNOWLEDGEMENT OF ASSIGNMENT
Dated ____________________
Banc of America Public Capital Corp (“Assignor”) hereby gives notice that it has assigned and sold to _________________________ (“Assignee”) all of Assignor’s right, title and interest in, to and under the Equipment Lease/Purchase Agreement dated as of August 28, 2025 (the “Agreement”), by and between Assignor and the City of Escondido (“Lessee”), together with all exhibits, schedules, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith, the Rental Payments and other amounts due under the Agreement, all of Assignor’s right, title and interest in the Equipment (as defined in the Agreement), and all of Assignor’s right, title and interest in, to and under the Escrow and Account Control Agreement dated as of August 28, 2025 (the “Escrow Agreement”) by and among Lessee, Assignor and UMB Bank, National Association, as Escrow Agent, together with the Escrow Account and other Collateral (collectively, the “Assigned Property”). Each capitalized term used but not defined herein has the meaning set forth in the Agreement.

1. Lessee hereby acknowledges the effect of the assignment of the Assigned Property and absolutely and unconditionally agrees to deliver to Assignee all Rental Payments and other amounts coming due under the Agreement in accordance with the terms thereof on and after the date of this Acknowledgment.

2. Lessee hereby agrees that: (i) Assignee shall have all the rights of Lessor under the Agreement and all related documents, including, but not limited to, the rights to issue or receive all notices and reports, to give all consents or agreements to modifications thereto, to receive title to the Equipment in accordance with the terms of the Agreement, to declare a default and to exercise all rights and remedies thereunder in connection with the occurrence of an Event of Non-appropriation or an Event of Default; and (ii) [except as provided in Section 3.03 of the Agreement,] the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in the Agreement shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense.

3. Lessee agrees that, as of the date of this Notice and Acknowledgment of Assignment (this “Acknowledgement”), the following information about the Agreement is true, accurate and complete:

Number of Rental Payments Remaining ________________
Amount of Each Rental Payment $_______________
Total Amount of Rental Payments
Remaining $_______________
Frequency of Rental Payments ________________
Next Rental Payment Due ________________
Funds Remaining in Escrow Account $_______________
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H-2

4. The Agreement remains in full force and effect, has not been amended, no Event of Default (or event which with the passage of time or the giving of notice or both would constitute an Event of Default) has occurred thereunder and no Event of Non-appropriation has occurred or is threatened with respect thereto.

5. Assignor hereby acknowledges the transfer restrictions imposed by Section 11.01 of the Agreement and confirms that the assignment to Assignee has been made in accordance with the provisions of that Section.

6. Any inquiries of Lessee related to the Agreement and any requests for disbursements from the Escrow Account, if applicable, and all Rental Payments and other amounts coming due pursuant to the Agreement on and after the date of this Acknowledgment should be remitted to Assignee at the following address (or such other address as provided to Lessee in writing from time to time by Assignee):
______________________________
______________________________
______________________________
ACKNOWLEDGED AND AGREED:

LESSEE: CITY OF ESCONDIDO
By:_________________________________
Name: ___________________________
Title: ____________________________
ASSIGNOR: BANC OF AMERICA PUBLIC CAPITAL CORP
By:_________________________________
Name: ___________________________
Title: ____________________________
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Item5.

EXHIBIT I

ESCROW AND ACCOUNT CONTROL AGREEMENT
See Item #4 in Transcript.
903
Item5.

BUDGET ADJUSTMENT

REQUEST
Department: Finance
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Christina Holmes
City Council Meeting Date:
(attach staff report) August 20, 2025

EXPLANATION OF REQUEST
Staff recommends that the City Council to adopt Resolution 2025-107 authorizing the Mayor to execute, on behalf of the City, the First Amendment to the Energy Services Agreement between the City and lease-purchase agreement with an initial
principal value of $46,000,000 through Bank of America to fund capital cost for the various projects included in the Energy Roadmap.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Climatec Energy Project New $10,000,000
General Fund Transfer from
Workers Compensation Fund 5,525,480
Water Fund Transfer from
Workers Compensation Fund 1,180,360
Wastewater Fund Transfer from
Workers Compensation Fund 1,168,280
Measure I Local District Tax Fund 2,125,880

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE
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Item5.

STAFF REPORT
August 20, 2025
File Number 0120-15

SUBJECT
PUBLIC ART WORK PLAN: FY 2024/2025 UPDATES AND FY 2025/2026 PUBLIC ART COMMISSION

ANNUAL WORK PLAN

DEPARTMENT
Economic Development

RECOMMENDATION
Request the City Council adopt Resolution No. 2025-110 approving and adopting the FY 2025/2026 Public Art Commission Annual Work Plan.

Staff Recommendation: Approval (Economic Development: Jennifer Schoeneck, Director of Economic Development)
Presenter: Sandra Aguilar, Management Analyst
ESSENTIAL SERVICE– No
COUNCIL PRIORITY– Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS
Funding for public art projects will continue through land development impact fees with no impact to the General Fund. The Public Art Commission isrecommending a series of adjustmentsto existing project allocations within the Public Art Fund in the total amount of $370,000.

BACKGROUND
The public art program for the City of Escondido (“City”) was first created in 1988 with the establishment of the Public Art Commission. Since then, the program has expanded significantly, enriching the community with art installations of various mediums, live performances, and art education programming.

On May 20, 2024, City Council adopted the City’s first Public Art Strategic Plan and the FY 2024/2025 Annual Work Plan.

The Public Art Strategic Plan positionsthe City of Escondido as a leader in leveraging public art as a catalyst for economic development. By supporting the creative economy and enhancing the City's visual landscape, the plan strengthens Escondido's identity as a thriving arts community. The Annual Work Plan model provides a structured framework to guide public art initiatives in the years ahead. 905
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Public Art Vision Statement
Escondido is a City where art, inspired by community, welcomes visitors and residents, creating a fun and lively environment that celebrates all things Escondido, heralding our past and manifesting ourfuture.

The Annual Work Plan Overview
Each year the Public Art Commission will adopt an Annual Work Plan. This process begins by establishing a subcommittee which will be specifically responsible for recommending the projects, programs, and budgets that will be implemented in the coming fiscal year to the full commission. The Annual Work Plan will outline four key areas: new art solicitation, art education, maintenance, and deaccessioning.  New Art Solicitation: To determine the art medium, location, theme/celebration, and funding amount.
 Art Education: Desired outcome of the program, people served, type of art education, and funding.
 Maintenance: Inventory of collection, identify necessary maintenance needs of art pieces, and funding source.
 Deaccessioning: Conduct a review of contracts, review maintenance records, conduct analysis of documents, and render final resolutions.

The Annual Work Plan will be proposed and approved by the Public Art Commission with final adoption by the City Council every fiscal year.

The Annual Work Plan Timeline
As outlined in the Public Art Strategic Plan, the intended timeline for developing the Annual Work Plan every year is as follows:
 January: The Public Art Commission will appoint 2-3 members to an Annual Work Plan Subcommittee.
 February – April: The subcommittee, with assistance from City staff, will develop the Annual Work Plan covering the four key areas: Art Solicitation, Art Education, Maintenance, and Deaccessioning.
 May: The Subcommittee via staff, will bring forth the proposed Annual Work Plan to the Public Art Commission for review and approval.
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 July: The Annual Work Plan will be presented to City Council for review and adoption.  August: The solicitation process begins for new artwork.  October: Public input and final recommendations of artwork.  November: The Public Art Commission will officially approve the final artwork and award funding.  December: The staff will work administratively to complete the appropriate documents and requirements with the artists.
 January: Work on the projects may begin pending finalization of agreements with an estimated timeframe of approximately one year to complete the installation.

FY 2024/2025 Annual Work Plan Updates
Adoption of the Public Art Strategic Plan
The City of Escondido’s first Public Art Strategic Plan was adopted by City Council on May 20, 2024.

Escondido’s Public Art Strategic Plan received the 2024 Excellence in North County Economic Development Award, also known as a "Devvie", from the San Diego North Economic Development Council.

This award recognizes policies and initiatives that contribute to a more economically competitive region.

Launched the online Public Art Maps and C.R.E.A.T.E Tool Information on the City’s current art collection is more readily accessible to visitors and the community.

The current Public Art Collection has been digitally mapped with the name of the art piece, artist, year of installation and any other available information.

Integrated as part of the Public Art Maps, the C.R.E.A.T.E. tool allows for the community to add information on any piece of art located throughout the City. A postcard with a QR code to the Public Art Maps is available at front counters and distributed at outreach events.

Escondido celebrates April is Arts, Culture, and Creativity Month for the first time The celebration began in California in 2019, established by the California Arts Council and advocacy groups to elevate the value of the arts statewide. In April 2025, Escondido officially celebrated April as Arts, Culture, and Creativity Month to recognize the vital role that the arts play in enriching the community, inspiring expression, and driving innovation. The celebration highlights the contributions of artists and cultural organizations while promoting access to creative experiences for all. 907
Item6.

The Public Art Commission released a grant opportunity through which selected recipients could receive between $1,000-$7,000. Through a grant process open to all, funds were awarded to local businesses, artists, and non-profits to provide free art experiences to the community in the month of April. A total of 9 projects were selected and a total of $50,000 was awarded.

Partnership with Escondido Union High School entered a fourth year The City of Escondido is currently in partnership with EUSHD to paint murals on the City-owned buildings in Washington Park. Every year, students learn the process of painting murals with the assistance of art teachers who donate theirtime. The murals are painted in the summer when the students are on summer break. The program has resulted in 6 murals painted on the buildings in the past four years. The painting of these student murals has instilled a sense of pride in the community, and to date, none have been vandalized.

Escondido Expressions reaches the 20th traffic signal boxes milestone The Escondido Expression program gives stipends to artists to paint traffic signal boxes with various themes throughout the City of Escondido. Due to the guidance of the Public Art Strategic Plan, the first call for artists was held and the program doubled with 10 traffic signal boxes painted in the 2024-2025 fiscal year. The program allows for art to be painted in art deserts, areas without public art. All the designs for traffic signal boxes in the 2024-2025 fiscal year were released to the public for voting on their favorite choices at each location. The community could also submit comments, suggest themes, and nominate locations where they would like to see art.

Two New Public Murals
Bellas Rosas, by Charlie Mejia, replaced a mural that was degrading on the side of the Best Little Hair House business building located at 332 E. 2
nd Avenue. The previous mural was more than 10 years old. The new mural is approximately 530 square feet.

Hummingbirds Jubilee, by Brenda Townsend, was installed on the side of the Tamales Jovita business building located at 158 W. Grand Avenue. This wall is highly visible and faces Maple Street Plaza. The artist painted the 1,400 square foot mural with the help of over 40 volunteers.

Dedicated Staff Assigned to Queen Califia’s Magical Circle A part-time staff member was hired in February 2025. Although funding from this position does not come from the Public Art funds, it is notable as this will allow for an expansion of art education and programming opportunities at Queen Califia. Since hiring, staff has developed volunteer docent materials, enhanced communication with volunteers, and played a key role in planning for the long-term care of the sculpture garden. Their presence also provides valuable flexibility allowing for coverage when volunteers are unavailable and enabling the coordination of additional private tours. 908
Item6.

Investment in the Arts
The funds allocated to Public Art in FY 2024/2025 represented a strategic investment in Escondido’s cultural and creative landscape. With a total of 16 new pieces added to the City’s collection, the spending not only enriches public spaces but also supportslocal artists and contributesto the growth of the creative economy. This investment leveraged public art to attract visitors, stimulate local businesses, and enhance the overall economic vitality of Escondido.

FY 2025/2026 Annual Work Plan
On July 14, 2025, the Public Art Commission adopted the FY 2025/2026 Annual Work Plan. As previously defined, this Plan establishes projects for art solicitation, art education, art maintenance, and deaccessioning.

Art Solicitation
 Grand Avenue Roundabout Art Project
Location: Roundabout at Grand Ave & Broadway with companion pieces throughout the City Theme: Authentically Escondido
Timeline: August 2025 to June 2026
 Escondido Creek Trail
Location: Installation of art along the creek trail of murals and sculpture(s) Theme: Flora & Fauna
Timeline: September 2025 to June 2026
 Escondido Expressions (Traffic Signal Boxes)
Location: Various locations throughout the City
Theme: Varies by box
Timeline: (Call for Artists 1) September 2025-December 2025, (Call for Artists 2) January 2026- June 2026
 Community Requests
Location: Various locations throughout the City
Theme: No assigned theme
Timeline: All funds are for events and art taking place in FY 2025-2026 Art Education
 Art, Culture, & Creativity Month
Grants for events and activities taking place in Escondido specific to Art, Culture, & Creativity Month in April 2026.
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 EUHSD Student Murals
Grant to support EUHSD art students who will install murals on City recreation facilities during June of 2026. This program promotes education and community engagement.  Banner Program
Light pole banners and street banners with artwork designed by students to attract visitors to Grand Avenue during April is Arts, Culture, and Creativity Month 2026 and celebrate art created in Escondido.
 Queen Califia Magical Circle Visitors Center
A temporary Visitor Center will be installed near the Queen Califia space to serve as an educational hub and provide a welcoming environment for guests.

Art Maintenance
 None at this time
Funds for Public Art are not allowed to be used for maintenance of existing art and other funding sources will need to be identified.

Deaccessioning (options)
 Mercado Grande Series
The artist, Tama Dumlao, created 4 in-ground mosaics in 2011 which were installed at the four corners of the intersection of Grand and Center City. These mosaics have had no maintenance and have held up remarkable well with the exception of 1 tile. Due to being close to water and the highest foot traffic, the mosaic has sustained some damage. The Public Art Commission will explore options for repair or deaccessioning.
 Pillars of the Community
Created by artist Wick Alexander in 2000, this series consisted of nine pillars in various parts of Escondido. Some pillars sustained significant damage or were completely destroyed due to vandalism or vehicle collision. The Public Art Commission will explore options for relocation or formal deaccessioning of those that no longer exist.
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Item6.

FY 2025/2026 Budget Adjustment
The Public Art Fund currently holds approximately $938K in various accounts, supporting a broad range of projects and programs. In the 2024/2025 fiscal year, $65,372.68 was spent. The substantial accumulation of funds enables the City to advance high-impact initiatives such as the Grand Avenue Roundabout Art Project and the Escondido Creek Trail Projects, both of which were budgeted for in FY 2024/2025 but lacked the necessary resources for implementation. The Public Art Commission is recommending a series of adjustments to existing project allocations within the fund in the total amount of $370,000.

Project Name Balance Public Art Commission Recommendation New Balance Escondido Creek Trail
Art Project $250,000.00 Increase Funding to expand project foot print $310,000.00 Escondido Expressions $15,627.00 No change $15,627.00
Grand Avenue
Roundabout Art Project $500,000.00 Increase funding to add companion pieces $550,000.00 Murals $31,635.94 Remove and reallocate funding $0
FY 24/25 Art, Culture,
and Creativity Month $0 Establish new account for FY 25/26 Art, Culture, and Creativity Month $75,000.00 FY 24/25 Public
Outreach $9,932.57 Remove and reallocate funding $0
FY 24/25 EUHSD
Student Murals $0 Establish a new account for FY 25/26
EUHSD Student Murals $15,000.00
FY 2025/2026 Annual Work Plan Budget
The following outlines the proposed budget for the 2025/2026 Annual Work Plan. Due to a considerable increase of land development fees to be collected, the projected amount of incoming Public Art Funds for FY 25/26 is $399,680 allowing for an increase to many of the ongoing projects such as Escondido Creek Trail, Grand Avenue Roundabout Art Project, and the grants for April is Arts, Culture and Creativity month. The following is the budget after the budget adjustment. 911
Item6.

Project Name Project Description FY 25/26
Budget
Escondido Creek Trail Art
Project
Art projects along the Escondido Creek Trail $310,000.00 Escondido Expressions Traffic Signal Boxes throughout the City $15,627.75 Grand Avenue Roundabout
Art Project
Grand Avenue sculpture and companion pieces $550,000.00 FY 25/26 Art, Culture, and
Creativity Month
Events and activities during April 2026 $75,000.00
FY 25/26 Banner Program Light pole and street banners with artwork $20,000.00 FY 25/26 Community
Requests
Art and event grants throughout the year $550,000.00
FY 25/26 EUHSD Student
Murals
Funding for EUHSD students to paint murals $25,000.00
FY 25/26 Queen Califia’s
Magical Circle Visitor Center
Temporary structure to serve as education hub and
visitor center near Queen Califia’s Magic Circle.
$100,000.00
Total FY 25/26 Budget $1,135.627.75

RESOLUTIONS
a) Resolution No. 2025-110

ATTACHMENTS
a) Attachment “1”- Budget Adjustment
912
Item6.

RESOLUTION NO. 2025-110

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ADOPTING THE FY
2025/2026 PUBLIC ART COMMISSION ANNUAL WORK

PLAN AND AUTHORIZING NECESSARY BUDGET

ADJUSTMENTS
WHEREAS, art continues to play a transformative role in enhancing Escondido’s public spaces, reinforcing a distinct cultural identity that fosters community pride and attracts regional visitors; and WHEREAS, Escondido remains a City inspired by creativity and one that values the power of the arts to educate, unify, commemorate, and drive community connection; and WHEREAS, the City’s Public Art Program has contributed meaningfully to placemaking, community revitalization, and local economic activity; and
WHEREAS, as the Public Art Program is now integrated within the City’s Economic Development Department, it is well positioned to support Escondido’s creative economy, tourism initiatives, and broader economic goals; and
WHEREAS, the FY 2025/2026 Public Art Commission Annual Work Plan outlines a focused set of projects and initiatives aligned with community feedback, strategic city goals, and opportunities to leverage public and private partnerships; and
WHEREAS, this plan continues to serve as a foundation for arts and culture leadership, long-term investment, and thoughtful growth of creative infrastructure in Escondido.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
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1. That the above recitations are true.

2. That the City Council hereby adopts the FY 2025/2026 Public Art Commission Annual Work Plan.

3. That the City Council authorizes all necessary budget adjustments to implement the FY 2025/2026 Public Art Commission Annual Work Plan.
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Item6.
——~ ESCONDID9o ~~ BUDGET ADJUSTMENT
City of Choice Nr REQUEST
Department: Economic Development
Department Contact: Jennifer Schoeneck
City Council Meeting Date:
(attach staff report) August 20, 2025
For Finance Use Only
BA#
Fiscal Year

EXPLANATION OF REQUEST
Work Plan for 2025/2026.

Request the City Council adopt Resolution No. 2025-110, approving and adopting the Public Art Annual

BUDGET ADJUSTMENT INFORMATION
Amount of Amount of
Project/Account Description Account Number Increase Decrease City Murals 1130-PRJ-00000035 $31,635.94
FY24/25 Public Outreach 1130-PRJ-00000284 $9,932.57
Escondido Creek Art Project 1130-PRJ-00000039 $60,000
Grand Avenue Roundabout Art
Project 1130-PRJ-00000043 $50,000
FY 25/26 Art, Culture, and
Creativity Month 1130 — New Project $75,000
FY 25/26 Banner Program 1130 — New Project $20,000
FY 25/26 Community Requests 1130 — New Project $50,000
FY 25/26 EUHSD Student Murals 1130 — New Project $15,000 FY 25/26 Queen Califia’s Magical
Circle Visitor Center 1130 — New Project $100,000
Public Art Fund Balance 3050-1130 $328,431.49

APPROVALS
Christiuw Holmes 13/08/2025
‘Lf gs 13 [25 Christina Holmes (Aug 13, 2025 16:40:14 PDT) / /

DEPARTMENT HEAD DATE FINANCE DATE
7 915
Item6.

KEYCONSENT CALENDAR CURRENT BUSINESS

PUBLIC HEARING WORKSHOP PROCLAMATION
8/27/2025
PROCLAMATION - Pollution Prevention Week
CONSENT CALENDAR - (K. MORGAN) - BID AWARD FOR ACTIVATED COAL BASE POWDER FOR THE WATER TREATMENT PLANT - It is requested that the City Council adopt Resolution No. 2025-108, authorizing the Finance Manager to execute a purchase order with Carbon activated Corporation, the only responsive bidder, to provide Activated Coal Base Powder to be used at the Water Treatment Plant.

CONSENT CALENDAR - (K. MORGAN) - CONTINUING REPAIR OF THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN - It is requested that the City Council adopt Resolution No. 2025-109 declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. The resolution, which must be passed by four-fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property.

PUBLIC HEARING - (K. MORGAN) - 2025 SANITARY SEWER MANAGEMENT PLAN - It is requested that the City Council receive and file the Utilities 2025 Sanitary Sewer Management Plan and accept public comment on the plan.

CURRENT BUSINESS - (Z. BECK) - COUNCIL FACILITY USE POLICY - Request the City Council adopt Resolution No. 2025-106 establishing a comprehensive City Council Facility Use Policy for Community Public Forums and Neighborhood Celebration Events. 9/3/2025 - NO MEETING (LABOR DAY)
9/10/2025 - CANCELLED

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Escondido City CouncilAugust 20, 2025

Escondido City Council
August 20, 2025