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File Number: 16-282 <br />(1)Such proceedings are conducted pursuant to one or more Resolutions of <br />Intention in substantially the form of the ROI; <br />(2)The Participating Property Owners, who shall be the legal owners of such property, <br />voluntarily execute a contract pursuant to Chapter 29 and comply with other applicable <br />provisions of California law in order to accomplish the valid levy of assessments; and <br />(3)The City will not be responsible for the conduct of any assessment proceedings, the <br />levy of assessments, any required remedial action in the case of delinquencies in such <br />assessment payments, or the issuance, sale or administration of the Bonds in connection with <br />Figtree PACE. <br />Section 8. Program Report. The City Council hereby acknowledges that pursuant to <br />the requirements of Chapter 29, CEDA has prepared and will update from time to time the <br />"Program Report" for Figtree PACE (the "Program Report") and associated documents, and <br />CEDA will undertake assessment proceedings and the financing of Improvements as set forth <br />in the Program Report. <br />Section 9. Foreclosure. The City Council hereby acknowledges that the Law permits <br />foreclosure in the event that there is a default in the payment of assessments due on a <br />property. The City Council hereby designates CEDA as its representative to proceed with <br />collection and foreclosure of the liens on the defaulting properties within the District, including <br />accelerated foreclosure pursuant to the Program Report. <br />Section 10. Indemnification. The City Council acknowledges that Figtree has <br />provided the City with an indemnification agreement, as shown in Exhibit B, for negligence or <br />malfeasance of any type as a result of the acts or omissions of Figtree, its officers, <br />employees, subcontractors and agents. The City Council hereby authorizes the appropriate <br />officials and staff of the City to execute and deliver the Indemnification Agreement to Figtree. <br />Section 11. City Contact Designation. The appropriate officials and staff of the City <br />are hereby authorized and directed to make applications for Figtree PACE available to all <br />property owners who wish to finance Improvements. The following staff persons, together with <br />any other staff designated by the City Manager from time to time, are hereby designated as <br />the contact persons for CEDA in connection with Figtree PACE: Sally Barros, Sustainability <br />Manager, (510) 577-3458, sbarros@sanleandro.org. <br />Section 12. CEQA. The City Council hereby finds that adoption of this Resolution is <br />not a "project" under the California Environmental Quality Act (“CEQA”), because the <br />Resolution does not involve any commitment to a specific project which may result in a <br />potentially significant physical impact on the environment, as contemplated by Title 14, <br />California Code of Regulations, Section 15378(b)( 4)). <br />Section 13. Effective Date. This Resolution shall take effect immediately upon its <br />adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this <br />resolution to Figtree Energy Financing. <br />Section 14. Costs. Services related to the formation and administration of the <br />assessment district will be provided by CEDA at no cost to the City. <br />Page 4 City of San Leandro Printed on 6/1/2016