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<br />INDEMNIFICATION AGREEMENT <br />BY AND BETWEEN <br />T HE CITY OF SAN LEANDRO AND <br />FIGTREE COMPANY, INC. <br /> <br />This Indemnification Agreement (the “Agreement”) is entered into by and between the City of San <br />Leandro, a municipal corporation or political subdivision, duly organized and existing under the <br />laws of the State of California (the “City”) and Figtree Company, Inc., a California corporation, <br />the administrator of the Figtree Propert y Assessed Clean Energy and Job Creation Program (the <br />“Admini strator”), which is a program of the California Enterprise Development Authority, a <br />California joi nt exerci se of powers authority (the “Authority”). <br /> <br />RECITALS <br /> <br /> <br />WHEREAS, the Authority is a joint exercise of powers authority whose members include <br />the City in addition to other cities and counties in the State of California; and <br /> <br />WHEREAS, the Authority established the Figtree Property Assessed Clean Energy and Job <br />Creation Program (the “Figtree PACE Program”) to allow the financing of certain renewable <br />energy, energy efficiency and water efficiency improvements that are permanentl y affixed to real <br />property through the le vy of assessments voluntarily agreed to by the participating property <br />owners pursuant to Chapter 29 of Division 7 of the Streets and Highways Code (“Chapter 29”) and <br />the issuance of improve ment bonds, or other forms of indebtedness, under the Improvement Bond <br />Act of 1915 upon the security of the unpaid assessments; and <br /> <br />WHEREAS, the Authority has conducted or will conduct proceedings required by Chapter <br />29 with respect to the territory within the boundaries of the City; and <br /> <br />WHEREAS, the legislative body of the City adopted or will adopt a resolution authorizing <br />the City to join the Figtree PACE Program; and <br /> <br />WHEREAS, the City will not be responsible for the formation, operation and <br />administration of the Figtree PACE Program as well as the sale and issuance of any bonds or other <br />forms of indebtedness in connection therewith, incl uding the conducting of assessment proceedings, <br />the levy and collection of assessments and any remedi al action in the case of such assessment <br />payments, and the offer, sale and administration of any bonds issued by the Authority on behalf of <br />the Figtree PACE Program; and <br /> <br />WHEREAS, the Administrator is the administrator of the Figtree PACE Program and <br />agrees to indemnify the City in connection with the operations of the Figtree PACE Program as set <br />forth herein; <br /> <br />NOW, THERFORE, in consideration of the above premises and of the City’s agreement to <br />join the Figtree PACE Program, the parties agree as follows: