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File Number: 16-282 <br />WHEREAS, the form of Associate Membership Agreement (the “Associate <br />Membership Agreement”) between the City and CEDA is attached; and <br />WHEREAS, the City is willing to become an Associate Member of CEDA subject to the <br />provisions of the Associate Membership Agreement; and <br />WHEREAS, CEDA has adopted the Figtree Property Assessed Clean Energy (PACE) <br />and Job Creation Program (the “Program” or “Figtree PACE”), to allow the financing of certain <br />renewable energy, energy efficiency, seismic retrofits, electric vehicle charging infrastructure, <br />and water efficiency improvements (the "Improvements") through the levy of contractual <br />assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter <br />29"), and the issuance of improvement bonds or other evidences of indebtedness (the <br />"Bonds") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections <br />8500 et seq.) (the "1915 Act") upon the security of the unpaid contractual assessments; and <br />WHEREAS, Chapter 29 provides that assessments may be levied under its provisions <br />only with the free and willing consent of the owner of each lot or parcel on which an <br />assessment is levied at the time the assessment is levied; and <br />WHEREAS, the City desires to allow the owners of property (“Participating Parcel”) <br />within its jurisdiction ("Participating Property Owners") to participate in Figtree PACE, and to <br />allow CEDA to conduct assessment proceedings under Chapter 29 and to issue Bonds under <br />the 1915 Act to finance the Improvements; and <br />WHEREAS, CEDA will conduct assessment proceedings under Chapter 29 to establish <br />an assessment district (the “District”) and issue Bonds under the 1915 Act to finance <br />Improvements; and <br />WHEREAS, there has been presented to this City Council a proposed form of <br />Resolution of Intention to be adopted by CEDA in connection with such assessment <br />proceedings (the "ROI"), a copy of which is attached hereto as Exhibit A; and <br />WHEREAS, said ROI sets forth the territory within which assessments may be levied <br />for Figtree PACE which territory shall be coterminous with the City's official boundaries of <br />record at the time of adoption of the ROI (the "Boundaries"); and <br />WHEREAS, pursuant to Chapter 29, the City authorizes CEDA to conduct assessment <br />proceedings, levy assessments, pursue remedies in the event of delinquencies, and issue <br />bonds or other forms of indebtedness to finance the Improvements in connection with Figtree <br />PACE; and <br />WHEREAS, to protect the City in connection with the operation of the Figtree PACE <br />program, Figtree Energy Financing, the program administrator, has agreed to defend and <br />indemnify the City; and <br />WHEREAS, the City will not be responsible for the conduct of any assessment <br />proceedings, the levy of assessments, any required remedial action in the case of <br />delinquencies, the issuance, sale or administration of the bonds or other indebtedness issued <br />Page 2 City of San Leandro Printed on 6/1/2016