SANBAG-HERO Lender Acknowledgement
Transcription
SANBAG-HERO Lender Acknowledgement
ENERGY EFFICIENCY AND WATER CONSERVATION PROGRAM FOR SAN BERNARDINO COUNTY COMMERCIAL HERO • Background The San Bernardino Associated Governments (“SANBAG”), a joint exercise of powers authority, has established the Energy Efficiency and Water Conservation Program for San Bernardino County (“Program”) pursuant to Chapter 29, Part 3 of Division 7 of the California Streets and Highways Code. The Program provides an option for residential, commercial and industrial property owners within participating jurisdictions within San Bernardino County to finance the installation of renewable energy, energy efficiency and water conservation/efficiency Improvements pursuant to contractual assessment agreements (each, an “Assessment Contract”) voluntarily entered into by the participating property owners with SANBAG. Participating property owners (each, an “Owner”) will, pursuant to their respective Assessment Contract, repay the financing through a voluntary contractual assessment (the “Assessment”) levied against their property (the “Owners’ Property”) which is payable through their property tax bills. The repayment of the Assessment is secured by a lien against the Owners’ Property (each, an “Assessment Lien”). The Assessment Lien remains until the Assessment is paid off, which is scheduled to be five to twenty years depending upon certain factors, such as the type of improvements to be financed and the estimated useful life of such improvements. The Assessment Lien has the same priority as property taxes and other assessments. See California Streets & Highways Code section 5898.30. This means that in the event of a default in the payment of the Assessment and or foreclosure, the contractual assessment lien would have priority over your liens. In the event of a foreclosure by your institution, as with any outstanding property tax liens, only the amount of the Assessment that is then and payable due or in default would need to be paid at the time of the foreclosure. The remainder of the Assessment remains a lien on the property, assumed by the purchaser. In the event of a default on payment of the Assessment, the County of San Bernardino (the “County”), acting the tax collector, would normally treat the default in the same manner as a default in property taxes. Generally, properties are sold for failure to pay property taxes after the taxes remain unpaid for five years. In the event of the delinquency in the payment of an Assessment, however, SANBAG is required to initiate judicial foreclosure proceedings against the delinquent parcel (i.e., if covenants with the purchasers of bonds sold to finance the Program require such foreclosure), you as a lien holder would receive notice of the pendency of such action, and have an opportunity to cure the non-payment. There are currently a series of established PACE programs nationwide including Sonoma County, Palm Desert, and LA County. Dozens of senior mortgage lenders have already acknowledged PACE assessments under these programs. • How the program benefits the lender o o o o o o o o o • Lowers default risk - improved cash flow makes it easier for property owners to pay their mortgages. Improves Loan‐to‐Value Ratio - buildings that are less expensive to operate have a higher market value. Improves property value - according to the University of California Energy Institute's Center for the Study of Energy Markets (CSEM), “buildings with a “green rating” command rental rates that are roughly three percent higher per square foot than otherwise identical buildings – controlling for the quality and the specific location of office buildings. Ceteris paribus, premiums in effective rents are even higher – above six percent. Selling prices of green buildings are higher by about 16 percent.” Security - improvements are affixed to the property. Useful life - the lien periods are generally shorter than the useful life of the improvements installed, so existing lenders will benefit from the extra value as added security interest after the assessment has been paid and the lien removed. Safety and soundness - best practices framework developed to meet all participants’ concerns. In event of foreclosure - only the amount of the assessment that is due or in default would need to be paid at the time of the foreclosure, while the remainder of the assessment remains a lien on the property, assumed by the purchaser. Lien risk minimized - non-acceleration of future assessments in the event of a default or foreclosure limits lenders’ loss exposure only to a year or two maximum of assessments in arrears. Community Reinvestment - Provides opportunity to participate in the effort to reverse climate change and reduce dependence on fossil fuel. In the current difficult fiscal environment, there are very few avenues open to property owners to finance the types of improvements needed to “green” their property. Supporting a program that facilitates these changes will benefit the whole community. Commercial HERO eligible properties/owners Property owners electing to participate in the Program may be individuals, associations, business entities, cooperatives, and virtually any owner of commercial or industrial property subject to the levy of real property taxes. Certain eligibility criteria must be satisfied and financing may be approved only if the eligibility criteria described below are met. Commercial HERO financing is available for commercial property owners and will only finance eligible improvements consisting of alternative energy systems 125 kW or smaller but may finance energy efficiency and water conservation equipment of any size (collectively, “Eligible Improvements”). Property owners may make more than one application for funding under the Program if additional Eligible Improvements are desired by the property owners and the eligibility criteria and maximum assessment amount criteria are met. • Commercial HERO eligible improvements The Program affords Commercial property owners in San Bernardino County the opportunity to take advantage of a wide range of energy-savings and water conservation/efficiency measures. The Program is intended principally for retrofit activities to replace outdated inefficient equipment and to install permanently affixed new equipment that reduces energy or water consumption or produces renewable energy. However, the Program is also available for the owners of properties on which new businesses are located that wish to add energy efficiency, renewable energy, and water conservation/efficiency Improvements to such businesses. • Commercial HERO eligible costs Eligible costs of Eligible Improvements may include the cost of equipment and installation. Installation costs may include, but are not limited to, energy and water audit consultations, labor, design, drafting, engineering, permit fees, and inspection charges. Installation is completed by a qualified contractor of the Property Owners’ choice or by the Property Owners if self-installing. • Commercial HERO eligibility criteria summary o o o o o o o Applicant property owner(s) must be the owner(s) of record; Mortgage debt lender(s) have given acknowledgement to Program financing; Property owner(s) must be current on property taxes and the property owner(s) certify(ies) that such owner(s) have not had a late payment on their property tax more than once during the prior three (3) years (or since the purchase of the property if owned by such property owner(s) less than three (3) years); Property owners must be current on all property debt for a period of six (6) months prior to the application, including no payment defaults or technical defaults (or since purchase if the property has been owned less than six (6) months by the current owner(s)), through funding; Property owner(s) or their affiliated companies have not been involved in a bankruptcy proceeding during the past seven (7) years and the property proposed to be subject to the Assessment must not currently be an asset in a bankruptcy proceeding; All individual property owners must sign the application, Assessment Contract and all required notices. For properties owned by corporations, LLC’s or LLP’s, signatures by authorized representatives and/or corporate resolutions are required; Property must not have any liens other than lender debt or liens recorded by community facility districts or similar financing districts; o o o o Improvement costs are reasonable in relation to property value. Proposed Improvements must not exceed 10% of the market value of the property; Property has a debt service coverage ratio of 105% or higher; Mortgage-related debt on the property plus the principal amount of the contractual assessment does not exceed 90% of the market value of the property; and The total annual property tax and assessments, including the contractual assessment, on the property will not exceed 5% of the property’s market value, as determined at the time of approval of the contractual assessment. A.P.N: Commercial HERO File No: LENDER ACKNOWLEDGEMENT OF OWNER PARTICIPATION IN ENERGY EFFICIENCY AND WATER CONSERVATION PROGRAM FOR SAN BERNARDINO COUNTY THIS ACKNOWLEDGEMENT (“Acknowledgement”) is granted this ____________day of _______________________, 20_____, by ________________________, a __________________________ (“Lender”), and for the benefit of Property Owner (“Owner”), ______________________________, and the SAN BERNARDINO ASSOCIATED GOVERNMENTS a joint exercise of powers authority (“SANBAG”), acting on behalf of the Energy Efficiency and Water Conservation Program for San Bernardino County. RECITALS A. The San Bernardino Associated Governments (SANBAG) is a joint exercise of powers authority the members of which include the County of San Bernardino (the “County”) and numerous cities and water districts in San Bernardino County (each, a “Member Agency”). B. Owner has applied to the Program to finance the amount of $_______________ , to be paid back with interest as an assessment on Owner’s real property, described in Exhibit B attached hereto (“Property”), over a period of _______________ years. C. Owner has previously executed a deed of trust dated ___________________, to Lender, as trustee and beneficiary thereunder, covering the Property, to secure a promissory note in the sum of $______________________ , and recorded on ___________________, ____________ as Instrument No. ______________________ in the Official Records of San Bernardino County (“Deed of Trust”). D. Owner has executed, or is about to execute, an Assessment Contract with SANBAG (“Assessment Contract”) by which SANBAG will disburse funds to Owner in a principal amount not to exceed $__________________________ (“Disbursement”) to finance the purchase and installation of Improvements, and such Disbursement will be payable with interest, upon terms and conditions described in the Assessment Contract. E. Pursuant to Chapter 29, Part 3, Division 7 of the California Streets and Highways Code, repayment by Owner under the Assessment Contract will be by a statutory assessment levied against the Property (the “Assessment”) notice of which shall be recorded against the Property in the Official Records of San Bernardino County, and which Assessment, together with interest and any penalties, shall constitute a lien (the “Lien”) on the Property, and shall be collected in installments on the property tax bill in the same manner as and subject to the same penalties, remedies and lien priorities as real property taxes. ACKNOWLEDGEMENT Lender acknowledges that it has been informed of Owner’s participation in the Program, and agrees that Owner’s execution of the Assessment Contract will not constitute a default under Lender’s Deed of Trust. LENDER: Lender Officer to sign: By: ___________________________________ Signature ___________________________________ Name ___________________________________ Title ___________________________________ Date