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E. The California Enterprise Development Authority ( "CEDA") is a joint <br />exercise of powers authority, comprised of cities and counties in the State <br />of California, including the City of Santa Ana (the "City "). <br />F. CEDA has adopted the Figtree Property Assessed Clean Energy (PACE) <br />and Job Creation Program (the "Program" or "Figtree PACE "), to allow the <br />financing of certain renewable energy, energy efficiency and water <br />efficiency improvements (the "Improvements ") through the levy of <br />contractual assessments pursuant to Chapter 29 of Division 7 of the <br />Streets & Highways Code ( "Chapter 29 "), and the issuance of <br />improvement bonds or other evidences of indebtedness (the "Bonds ") <br />under the Improvement Bond Act of 1915 (Streets and Highways Code <br />Sections 8500 et seq.) (the "1915 Act ") upon the security of the unpaid <br />contractual assessments. Chapter 29 provides that assessments may be <br />levied under its provisions only with the free and willing consent of the <br />owner of each lot or parcel on which an assessment is levied at the time <br />the assessment is levied. <br />G. The City desires to allow the owners of property ( "Participating Parcel ") <br />within its jurisdiction ( "Participating Property Owners ") to participate in <br />Figtree PACE, and to allow CEDA to conduct assessment proceedings <br />under Chapter 29 and to issue Bonds under the 1915 Act to finance the <br />Improvements. CEDA will conduct assessment proceedings under <br />Chapter 29 to establish an assessment district (the "District ") and issue <br />Bonds under the 1915 Act to finance Improvements. <br />H. There has been presented to this meeting a sample proposed form of <br />Resolution of Intention to be adopted by CEDA in connection with such <br />assessment proceedings (the "ROI "), a copy of which is attached hereto <br />as Exhibit B and incorporated herein by this reference. Such an ROI sets <br />forth the territory within which assessments may be levied for Figtree <br />PACE which territory shall be coterminous with the City's official <br />boundaries of record at the time of adoption of the ROI (the "Boundaries "). <br />Pursuant to Chapter 29, the City authorizes CEDA to conduct assessment <br />proceedings, levy assessments, pursue remedies in the event of <br />delinquencies, and issue bonds or other forms of indebtedness to finance <br />the Improvements in connection with Figtree PACE. <br />J. To protect the City in connection with operation of the Figtree PACE <br />program, Figtree Energy Financing, the program administrator, has <br />agreed to defend and indemnify the City. <br />K. The City will not be responsible for the conduct of any assessment <br />proceedings, the levy of assessments, any required remedial action in the <br />Resolution No. 2015 -002 <br />Page 2 of 5 <br />