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Home My WebLink About15-154 ,440000140$4 , 4Amoo,044,,,, A4p104,„ AKOP0''' fa, 'INVW0 ilm 1,11 ,111,','Iliii",,14„Ilh',',,,Iii",:,4111,111",1411,1,111174001'110114iprittrWl't'0110)Iii1tlirlf' 4100100110'' ysilf,0 4,) 'f*Z01,01,00,40141141.4„044,10144,0100410M409000041100409140,100 404040000,404,040,thOIN 000101*Of 11,44,:,,,IA, :, 340,1011A,04,00,0406%,,41,'0101,",',,14?:;,.111,',',I,AtILIP';111111,11104,7A111,1,1,10,008tt,,,t,!,1„1:0101$,idir!:;041,,,,,,001,,,,,,,#11,111tf,t,,,yrIk KIINOOMNF:„Fhlig 14(1,1f,111',111,,,,V"4,'",4,'„VL'k111144,10 4,1114,01,4!Sihdll„,11,'4,:'''',11,1,1,1111411g#1,,,P11,1101,14,',!!Sl'i!'A'I'"'''''',NW,Herlih,"1,1,01)%41,00,100i1014140,,I1 40,10,1,,IrilrilF000 i .,,,I 1,,,,0, 0,p1,4,Ill'Oqi,ANNI,fprltept0110,P,MOKIAMP1MMP"OPNOOgr011r1"M"1111,111100141100110P\k10,*M*011\,IP' 1 4,le 00 q MIONS*1110',',*,401C' I,'A ;it,+Mt, l',',1''1,:1,':','1111„111',I Mkiiy,1,111,410,Il IV, ,q,i,,alele,q4C11,,i,1110! !IPII,M,ION)q,!4N 0,,, ,VO',01*!.01,1,0' ,111111111q0114`1,iph`i,,,01,14,4014 OM p NI$0111,1141(fhtLia\0 00001140* ‘t1C0,40 41"4000041:0404F00101004440#0404010e0tVq$4011040000001#04141,1 10004141010441 I'LIJIL'q'11040000$0000111i1011010i001414t110044100**000000000*0100604000101040W0* '';11*Milli0,4111411046000, "11404414101A*040'' Resolution No. 15454 RESOLUTION OF THE It OARD OF SUPERVISORS OF T1 '11: COUNTY OF IUTTE AUTHORIZING THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY TO EXPAND PROGRAM PARTICI RATION IN THE FIGTREE PACE PROGRAM TO INCLUDE RESIDENTIAL PROPE1I TIES LOCATED IN THE UNINCORPOTED AREAS OF THE COUNTY; AUTHORIZING THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY TO ACCEPT AP I LICATIONS FROM RESIDENTIAL PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF T IE COUNTY; AND AUTHORIZING RELATED ACTIONS WHEREAS, on March 26, 2013, the Board of Supervisors adopted Resolution No, 13-048 (Authorizing Resolution"), which authorized the California Enterprise Development Authority ("CEDA")to, among other things, conduct assessment proceedings within the unincorporated area of the County of Butte ("County") to allow certain eligible non-residential property owners to participate in the Figtree PACE Program; and WHEREAS, the Figtree PACE Program provides financing for certain renewable energy, energy efficiency and water efficiency improvements ("Improvements") through the levy of voluntary contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29") and the issuance of improvement bonds or other evidences of indebtedness under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.) upon the security of the unpaid contractual assessments; and WHEREAS, the Authorizing Resolution limited the availability of the figiree PACE Program to commercial properties due to issues raised by the Federal Housing Financing Authority (THEN") regarding residential Property Assessed Clean Energy ("PACE") programs; and WHEREAS, in September 2013, the Governor of the State of California signed Senate Bill 96, a residential PACE Loss Reserve Program("PACE Loss Reserve Program"), specifically designed to address the issues raised by FFIFA, and the California Alternative Energy and Advanced Transportation Financing Authority ("Authority") launched the PACE Loss Reserve Program in March 2014; and WHE I AS, in light of this new development, the County has deemed it prudent to offer the Figtree PACE Program to residential property owners in the unincorporated areas of the County contingent on the Figtree PACE Program meeting certain programmatic requirements; and WHEREAS, this resolution authorizes the expansion of the Figtree PACE Program to include residential properties within the unincorporated areas of the County; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte as follows: Section 1. The Figtree PACE Program shall be available to all eligible property owners in the unincorporated areas of the County of Butte, including owners of residential properties. Section 2. The County's participation in the Figtree PACE Program is contingent on the Figtree PACE Program meeting the following program requirements: (1) The Figtree PACE Program is enrolled in the State PACE Loss Reserve Program and (2) The Figtree PACE Program provides full disclosures to participants, including, but not limited to, the disclosure that participation in the residential PACE Program may trigger acceleration of existing obligations of an existing mortgage and that the participant may be required to prepay the contractual assessments upon the refinance or sale of the property. Section 3. If the Figtree PACE Program fails to meet the program requirements provided in this resolution, the County shall opt-out of the Figtree PACE Program. Section 4. In connection with the Figtree PACE Program, the County hereby consents to the conduct of special assessment proceedings by CEDA pursuant to Chapter 29 on any residential property within the territory of the County and the issuance of bonds to finance or refinance Improvements; provided, that (1) The Participating Property Owners, who shall be the legal owners of such property, execute a contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (2) The County will not be responsible for the conduct of any assessment proceedings; the levy of assessments; any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of any bonds issued in connection with the Programs. Section 5. The appropriate officials and staff of the County are hereby authorized and directed to make applications for the residential Programs available to all property owners who wish to finance or refinance Improvements; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. The following staff persons, together with any other staff persons chosen by the Chief Administrative Officer of the County from time to time, are hereby designated as the contact persons for the Authority in connection with the Programs: Joanne Wilson, Management Analyst, (530) 538-2524, jbwilson@butteeounty.net. Section 6. This Resolution shall take effect immediately upon its adoption. The Clerk of the Board of Supervisors is hereby authorized and directed to transmit a certified copy of this resolution to Figtree Energy Financing. PASSED AND ADOPTED by the Butte County Board of Supervisors this 27th day of October, 2015, by the following vote, to wit: AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter NOES: None ABSENT: None ABSTAIN: None DOUG EETER, Chair (7 Butte County Board of Supervisors ATTEST: ' /7' By: _ Pau141a n, f hieif'Administrative fficer and Clrk f4hBoard of Super isors