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2022-055
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2022-055
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Last modified
5/22/2023 2:10:23 PM
Creation date
10/4/2022 12:34:45 PM
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Resolutions
Resolution Number
2022-055
Approved Date
09/13/2022
Agenda Item Number
13.A.
Resolution Type
Permitting the Commercial Property Assessed Clean Energy
("C-PACE") Program
Entity Name
C-Pace Program
Subject
Permitting the Commercial Property Assessed Clean Energy Program for
Certus at Vero Beach 5380 US Highway 1; 32391400005000000005.0
Approving Agreement with the Florida Green Finance Authority
And Providing for Scrivener's Error, Conflicts, Severability & Effective Date
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />SECTION 3. LENDER NOTIFICATION AND CONSENT <br />(1) Notification. At least thirty (30) days before entering into a C -PACE Financing <br />Agreement, the Florida Green Finance Authority shall verify that the Eligible <br />Participant has provided written notice for the specific property located at 5380 US <br />Highway 1, Certus at Vero Beach of the intent to enter into a C -PACE Financing <br />Agreement to the holders or loan servicers of any existing mortgages encumbering <br />or otherwise secured by the Commercial Property. With Certus at Vero Beach's <br />approval, the Florida Green Finance Authority may provide this notification on <br />behalf of an Eligible Participant. The notice must comply with and, at a minimum, <br />satisfy the requirements of the PACE Act including, but not limited to, the maximum <br />principal amount to be financed and the maximum annual assessment necessary <br />to repay that amount. A verified copy or other proof of such notice must be provided <br />to and maintained by the Florida Green Finance Authority Government. <br />(2) Consent. Prior to entering into a C -PACE Financing Agreement with Certus at <br />Vero Beach, the Florida Green Finance Authority shall verify that holders or loan <br />servicers of any mortgage or lien encumbering or otherwise secured by the property <br />have signed written consents consenting to the C -PACE Assessment considered <br />for the Certus at Vero Beach property pursuant to the C -PACE Financing <br />Agreement. A verified copy or other proof of such consent must be provided to and <br />maintained by the Florida Green Finance Authority. <br />SECTION 4. APPROVAL OF AGREEMENT; AUTHORIZATION TO EXECUTE. The <br />Board of County Commissioners approves the Florida Green Finance Authority <br />Interlocal Agreement attached hereto and incorporated herein as Exhibit "A" and <br />authorizes the Chair to execute the aforementioned C -PACE agreement. <br />SECTION 5. SCRIVENERS ERRORS. Typographical errors and other matters of a <br />similar nature that do not affect the intent of this Resolution, as determined by <br />the County Attorney, may be corrected. <br />SECTION 6. CONFLICTS. All Resolutions or parts of Resolutions in conflict with <br />any of the provisions of this Resolution are hereby repealed. <br />SECTION 7. SEVERABILITY. If any section, sentence, clause or phrase of this <br />resolution is held to be invalid or unconstitutional by any court of competent <br />Page 3 of 10 <br />
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