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29 and comply with other applicable provisions of California law in <br />order to accomplish the valid levy of assessments; and <br />(3) The City will not be responsible for the conduct of any assessment <br />proceedings, the levy of assessments, any required remedial action <br />in the case of delinquencies in such assessment payments, or the <br />issuance, sale or administration of the Bonds in connection with <br />Figtree PACE. <br />Section 7. Program Report. The City Council hereby acknowledges that <br />pursuant to the requirements of Chapter 29, CEDA has prepared and will update from <br />time to time the "Program Report' for Figtree PACE (the 'Program Report') and <br />associated documents, and CEDA will undertake assessment proceedings and the <br />financing of Improvements as set forth in the Program Report. <br />Section 8. Indemnification. The City Council acknowledges that Figtree has <br />provided the City with an indemnification agreement, attached hereto as Exhibit C and <br />incorporated herein by this reference, for negligence or malfeasance of any type as a <br />result of the acts or omissions of Figtree, its officers, employees, subcontractors and <br />agents. The City Council hereby authorizes the appropriate officials and staff of the City <br />to execute and deliver the Indemnification Agreement to Figtree. <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 <br />by CEDA in accordance with the Program Report to implement Figtree PACE for <br />Participating Property Owners. <br />Section 10. CEQA. The City Council hereby finds that adoption of this <br />Resolution is not a "project' under the California Environmental Quality Act ( "CEQA "), <br />because the Resolution does not involve any commitment to a specific project which <br />may result in a potentially significant physical impact on the environment, as <br />contemplated by Title 14, California Code of Regulations, Section 15378(b )( 4)). <br />Section 11. Effective Date. This Resolution shall take effect immediately upon <br />its adoption. The City Clerk is hereby authorized and directed to transmit a certified <br />copy of this resolution to Figtree Energy Financing. <br />Section 12. Costs. Services related to the formation and administration of the <br />assessment district will be provided by CEDA at no cost to the City. <br />Resolution No. 2015 -002 <br />Page 4 of 5 <br />