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09/22/2014 <br /> property within the incorporated territory of the City as of the date of this Resolution and to <br /> the issuance of Bonds under the 1915 Act, provided that: <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 must be the legal owners of such <br /> property, voluntarily execute a contract pursuant to Chapter 29 and comply with <br /> other applicable provisions of California law in order to accomplish the valid levy <br /> of assessments; and <br /> (3) The City will not be responsible for the conduct of any assessment proceedings, <br /> the levy of assessments, any required remedial action in the case of <br /> delinquencies in such assessment payments, or the issuance, sale or <br /> administration of the Bonds in connection with Figtree PACE. <br /> SECTION 5. Program Report. The City Council hereby acknowledges that <br /> pursuant to the requirements of Chapter 29, CEDA has prepared and will update from time <br /> to time the "Program Report" for Figtree PACE (the "Program Report") and associated <br /> documents, and CEDA will undertake assessment proceedings and the financing of <br /> Improvements as set forth in the Program Report. <br /> SECTION 6. Foreclosure. The City Council hereby acknowledges that the Law <br /> permits foreclosure in the event that there is a default in the payment of assessments due <br /> on a property. The City Council hereby authorizes CEDA to proceed with collection and <br /> foreclosure of the liens on the defaulting properties within the District, including <br /> accelerated foreclosure pursuant to the Program Report. <br /> SECTION 7. Indemnification and Other Program Documents. The City Council <br /> acknowledges that Figtree Company, Inc. has provided the City with an indemnification <br /> agreement, as shown in Exhibit B, for any type of claim or action as a result of the acts or <br /> omissions of Figtree, its officers, employees, subcontractors and agents. The City Council <br /> hereby authorizes the City Manager and appropriate officials and staff of the City to <br /> execute and deliver the Indemnification Agreement to Figtree as well as any other <br /> documents necessary to allow implementation of this Program in conformance with this <br /> Resolution. <br /> SECTION 8. City Contact Designation. The appropriate officials and staff of the <br /> City are hereby authorized and directed to make applications for Figtree PACE available to <br /> all property owners who wish to finance Improvements. The following staff persons, <br /> together with any other staff designated by the City Manager from time to time, are hereby <br /> designated as the contact persons for CEDA in connection with Figtree PACE: Vicki <br /> Sherman, Environmental Initiatives, 650-780-5917, vsherman @redwoodcity.org. <br /> SECTION 9. City Execution of Documents. The appropriate officials and staff of <br /> the City are hereby authorized and directed to execute and deliver such closing <br /> certificates, requisitions, agreements and related documents as are reasonably required by <br /> ATTY/RESO.3016/CC FIG TREE PACE PROGRAM RESO.#15371 <br /> REV:9-12-14 PT MUFF#304 <br /> Page 3 of 15 <br />