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Res14 15379
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Res14 15379
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Last modified
2/3/2015 10:04:39 AM
Creation date
11/24/2014 8:09:23 AM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
11/17/2014
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commercial loans for that purpose are due on the sale of the property, prevents <br /> many property owners from installing Authorized Improvements. <br /> (d) A public purpose will be served by establishing a contractual assessment program, <br /> to be known as Figtree PACE, pursuant to which CEDA will finance the <br /> installation of Authorized Improvements to residential, commercial, industrial, or <br /> other real property in the City. <br /> Section 2. Determination of Public Interest. The Board of Directors hereby <br /> determines that (a) it would be convenient, advantageous, and in the public interest to designate <br /> an area, which shall encompass the entire geographic territory within the boundaries of the City, <br /> within which CEDA and property owners within the City may enter into contractual assessments <br /> to finance the installation of Authorized Improvements pursuant to Chapter 29 and(b) it is in the <br /> public interest for CEDA to finance the installation of Authorized Improvements in the City <br /> pursuant to Chapter 29. <br /> Section 3. IdenNfication of Authorized Improvements. CEDA hereby declares its <br /> intention to make contractual assessment fmancing available to property owners to finance <br /> installation of Authorized Improvements, including but not limited to those improvements <br /> detailed in the Report described in Section 8 hereof (the "Report"), as that Report may be <br /> amended from time to time. <br /> Section 4. Identification of Boundaries. Contractual assessments may be entered into <br /> by property owners located within the entire geogaphic territory of the City. <br /> Section 5. Proposed Financing Arrangements. Under Chapter 29, CEDA may issue <br /> bonds, notes or other forms of indebtedness (the "Bonds") pursuant to Chapter 29 that are <br /> payable by contractual assessments. Division 10 (commencing with Section 8500) of the Streets <br /> & Highways Code of the State (the "Improvement Bond Act of 1915") shall apply to any <br /> indebtedness issued pursuant to Chapter 29, insofar as the Improvement Bond Act of 1915 is not <br /> in conflict with Chapter 29. The creditworthiness of a property owner to participate in the <br /> financing of Authorized Improvements will be based on the criteria developed by Figtree Energy <br /> Financing (the "Program Administrator") upon consultation with Figtree PACE Program <br /> underwriters or other financial representatives, CEDA general counsel and bond counsel, and as <br /> shall be approved by the Board of Directors of CEDA. In connection with indebtedness issued <br /> under the Improvement Bond Act of 1915 that is payable from contractual assessments, serial <br /> and/or term improvement bonds or other indebtedness shall be issued in such series and shall <br /> mature in such principal amounts and at such times (not to exceed 20 years from the second day <br /> of September next following their date), and at such rate or rates of interest (not to exceed the <br /> maximum rate permitted by applicable law) as shall be determined by Board of Directors at the <br /> time of the issuance and sale of the indebtedness. The provisions of Part 11.1 of the <br /> Improvement Bond Act of 1915 shall apply to the calling of the bonds. It is the intention of <br /> CEDA to create a special reserve fund for the bonds under Part 16 of the Improvement Bond Act <br /> of 1915. Neither CEDA, nor any of its members participating in the Figtree PACE Program, <br /> shall advance available surplus funds from its treasury to cure any deficiency in the redemption <br /> fund to be created with respect to the indebtedness; provided, however, that this determination <br /> shall not prevent CEDA or any of its members from, in their sole discretion, so advancing funds. <br />
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