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Home My WebLink AboutRES NO 040-13040 -13 RESOLUTION NO. X -Ref. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, STATE OF CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE INCORPORATED AREA OF THE CITY IN THE KERN COUNTY PROPERTY ASSESSED CLEAN ENERGY PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS, APPROVING THE REPORT SETTING FORTH THE PARAMETERS OF THE REFERENCED PROGRAM AND CERTAIN MATTERS IN CONNECTION THEREWITH WHEREAS, Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (the "Act ") authorizes cities and counties to assist free and willing property owners in financing the installation of distributed generation renewable energy sources and energy and water efficiency measures (the "Improvements ") that are permanently fixed to residential, commercial, industrial or other real property through a contractual assessment program; and WHEREAS, the California Enterprise Development Authority ( "CEDA ") is a California joint powers financing authority and has established an energy and water efficiency assessment financing program known as the Property Assessed Clean Energy ( "Figtree PACE ") program (the "Program ") pursuant to the Act; and WHEREAS, the Board of Supervisors (the "Board of Supervisors ") of the County of Kern, a political subdivision of the State of California (the "County "), has adopted Figtree PACE pursuant to the Act; and WHEREAS, the parameters of Figtree PACE are set forth in the Program Report and such Report has been prepared pursuant to Section 5898.22 of the Act and approved by the CEDA Board of Directors; and WHEREAS, the Act authorizes CEDA to enter into contractual assessments with property owners located within incorporated cities in the County of Kern upon the approval of legislative body of the related city to participate in Figtree PACE; and S: \COU NO L\Resos\12-13\PACE-Fi na nceDistri butedGeneration.docx -- Page 1 of 4 Pages -- o�ONK,q s � r c? O ORIGINAL WHEREAS, the City of Bakersfield (the "City ") desires to participate with the County in Figtree PACE, and provide for participation in Figtree PACE by property owners located within City limits; and WHEREAS, the City Council of the City of Bakersfield has reviewed the Report; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference; and 2. The City Council finds and determines that properties in the City's incorporated area will be benefited by participation in Figtree PACE. 3. The City Council ratifies the resolution adopted by the CEDA Board of Directors on April 26, 2012 declaring the Board's intention to order the implementation of a contractual assessment program to finance Improvements pursuant to the Act. 4. The City Council hereby approves the inclusion in Figtree PACE all of the properties in the incorporated area within the City, as same may be amended through annexation from time to time, the acquisition, construction and installation within City limits of the energy and water efficiency measures set forth in the Report upon the request and agreement of the affected property owner, and the assumption of jurisdiction thereof by CEDA for the aforesaid purposes. The adoption of this Resolution by this City Council constitutes the approval by the City to participate in Figtree PACE. The City Council further authorizes CEDA to set the terms of, and implement, Figtree PACE and take each and every action necessary or desirable for financing the Improvements, including the levying, collecting and enforcement of the contractual assessments to finance the Improvements and the issuance of bonds, notes or other forms of indebtedness secured by such contractual assessments as authorized by Chapter 29 as further described in the Participation Agreement attached as Exhibit A. 5. The City Council hereby designates CEDA (or a designee of CEDA) as the Authorized Officer as required by Chapter 29 and the City Council hereby approves the Participation Agreement between the City and CEDA in the form attached hereto. The City Council hereby authorizes the City Manager to execute the Participation Agreement with such changes as the City Manager S:\ COUNCIL\ Resos\ 12 -13\ PACE- FinanceDistributedGeneration .docx A -- Page 2 of 4 Pages -- o�gK�9� U C ORIGINAL deems appropriate in order to commence the Figtree PACE program within the jurisdiction of the City. 6. The City Clerk is directed to provide a certified copy of this Resolution to Figtree Energy Resource Company. 7. City staff is authorized and directed to coordinate with CEDA (or designee of the CEDA), including the CEDA program administrator and County staff, to facilitate operation of Figtree PACE. City staff is also authorized and directed to do all acts and things which may be required by this Resolution, or which may be necessary or desirable in carrying out Figtree PACE as described in the Report, as may be amended from time to time, and approved by this Resolution, and all matters incidental thereto. 8. Services related to the formation and administration of the assessment district will be provided by CEDA at no cost to the City. ---- - - - - -- 000---- - - - - -- S: \COUNCIL \Resos \32 -13\ PACE- FinanceDistributedGeneration .docx -- Page 3 of 4 Pages -- o``0AKF9� � m r v � ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on APR 17 2013 , by the following vote: AYES, COUNCIL MEMBER VACANT, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON ES: COUNCIL MEMBER q()n ABSTAIN: COUNCIL MEMBER ptov�4 ABSENT: COUNCIL MEMBER i x APR 171013 MAKVCT L. MALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Atto y By 4—D ANDREW HEGLU Deputy City Attorney AH /vl r ROBERTA GAFFORD, CITY CLERK and Ex O icio Clerk of the Council of the City of Bakersfield S: \COUNCIL \Resos \12 -13 \PACE - Finance Distribute dGene ration. docx -- Page 4 of 4 Pages -- T f— m U r- O ORIGINAL 13 -040 AGREEMENT NO. 0--L3 X -Ref. PARTICIPATION AGREEMENT This PARTICIPATION AGREEMENT, made and entered into on APR 17 2013 by and between the CITY OF BAKERSFIELD a City, organized and existing under the laws of the State of California (the "CITY ") and the CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, a joint powers agency organized and existing under the laws of the State of California ( "CEDA "). RECITALS: In consideration of the mutual covenants herein contained, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree, as follows: (a) The California Enterprise Development Authority (the "CEDA ") is a joint powers agency organized and existing pursuant to the Joint Powers Act, comprising Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the Government Code of the State of California and the CITY is either a municipal corporation or other public body and a member of the CEDA in good standing. (b) The CEDA has adopted the Figtree Property Assessed Clean Energy (PACE) and Job Creation Program (the "Program" or "Figtree PACE ", also known as the "California PACE "), for the financing of renewable generation and energy efficient and water savings equipment on improved commercial, industrial and residential property within the CITY's jurisdiction. (c) The CEDA has retained third party administrator, Figtree, to carry out the implementation of the Program. (d) The CITY has adopted a resolution consenting to be included in the assessment district formed by the CEDA in the County of Kern geographical boundaries (the "District ") for the financing of water efficiency and property assessed clean energy (PACE) improvements on certain properties owned by property owners who voluntarily agree to participate in the Program ( "Program Participant "). SA P1anning\ Agrs\ 12- 13 \CEDA.Participation.Ag r03- 05 -13. Docx March 5, 2013 -- Page 1 of 4 Pages -- m ORIGINAL. (e) The CEDA intends to issue bonds, notes or other forms of indebtedness (the "Bonds ") to finance improvements within the District and in consideration therefor, assessments shall be recorded against each parcel prior to the issuance of the Bonds. Installments of principal and interest sufficient to meet annual debt service on the Bonds, and related administration costs and expenses, are to be included on the regular county tax bills sent to each Program Participant. (f) The CITY desires to authorize the CEDA to (i) record the assessment against the participating property owner's parcels, (ii) administer the District in accordance with the Improvement Act of 1915 (Chapter 29 Part 1 of Division 10 of the California Streets and Highways Code (commencing with Section 8500 et seq.) (the "Law ") and (iii) prepare program guidelines for the operations of the Program. (g) The Law permits foreclosure in the event that there is a default in the payment of assessments due on a property. Under the Law, the CITY must designate the parties who shall be responsible to proceed with collection and foreclosure of the liens on the properties within the District. The Program Report provides for accelerated foreclosure. (h) The CITY desires to appoint the CEDA as its representative to proceed with any claims, proceedings or legal actions as shall be necessary to collect past due assessments on the properties within the District in accordance with the Law and Section 6509.6 of the Marks Roos Act. NOW THEREFORE: Section 1. Recitals. The Recitals contained herein are true and correct and are hereby incorporated herein by reference. Section 2. Appointment of CEDA. The CITY is not and will not be deemed to be an agent of Figtree or CEDA as a result of this Agreement. The CITY hereby appoints the CEDA as its representative to record the assessment against each Program Participant's parcel and administer the District in accordance with the Law. The CITY hereby designates the CEDA as the entity which shall proceed with any claims, proceedings or legal actions as shall be necessary to collect past due assessments on the properties within the District in accordance with the Law and Section 6509.6 of the Marks Roos Act. 4 h K 611 C> T, SAPlanning\Agrs \12 -13\ CEDA. Partici patio n.Agr03- 05- 13.Docx March 5, 2013 -- Page 2 of 4 Pages -- > m t -_ r ORIGINAL Section 3. Indemnification. Figtree has provided the CEDA with an indemnification for negligence or malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees, subcontractors and agents, arising from or related to negligent performance by Figtree of the work required under the agreement between Figtree and CEDA. Figtree, on behalf of itself and the CEDA, hereby indemnifies, defends and hold harmless the CITY, its officers, agents, employees and attorneys from and against any and all liabilities, claims, or demands arising or alleged to arise as a result of the CEDA or Figtree's performance or failure to perform under this Agreement or the Program, except that arising from the sole negligence or willful misconduct of CITY. Section 4. Residential Properties. The Figtree PACE program shall only be available to commercial property within the City of Bakersfield, including multifamily properties with five units or more and single family residential properties with no mortgage lien. The Figtree PACE program will not accept applications from residential property owners with mortgage liens. IN WITNESS WHEREOF, the parties hereto have executed this Participation Agreement by their officers duly authorized as of the day and year first written above. "CITY" CITY OF BAKERSFIELD ,.,,,,, — "AUTHORITY" CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY By: Print Name: Gurbax Sahota Title: Chair [Additional signatures follow on next page] SAPlanning\Agrs \12 -13\ CEDA. Partici patio n.Agr03- 05- 13.Docx March 5, 2013 -- Page 3 of 4 Pages -- QFKF- �,� sue, r_7 C ORIGINAL COMMUNITY DEVELOPMENT City Attorney DOUGfAS MCISAA APPROVED AS TO CONTENT: VIRGINIA/'fiENNARO City Attprnoy ,- By; ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: i By: NELSON SMITH Finance Director AH /vl S:\Planning\Agrs \12- 13 \CEDA. Participation.Agr03- 05 -13. Docx March 5, 2013 -- Page 4 of 4 Pages -- C alp, m l% ORIGINAL_ �' A