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SECTION 10. Indemnification. The City Council acknowledges that Figtree has <br /> provided the City with an indemnification agreement, as shown in Exhibit B, for negligence or <br /> malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees, <br /> subcontractorsand agents. The City Council hereby authorizes the appropriate officials and <br /> staff of the City to execute and deliver the Indemnification Agreement to Figtree. <br /> SECTION 11. City Contact Designation. The appropriate officials and staff of the City <br /> - are hereby authorized and directed to make applications for Figtree PACE available to all <br /> property owners who wish to finance Improvements. The following staff person, together with <br /> any other staff designated by the City Manager from time to time, are hereby designated as the <br /> contact persons for CEDA in connection with Figtree PACE: Derek Lee, Environmental Services <br /> Manager, (925) 931-5525, dlee(a�cityofpleasantonca.gov. <br /> SECTION 12. CEQA. The City Council hereby finds that adoption of this Resolution is <br /> not a "project" under the California Environmental Quality Act ("CEQA"), because the Resolution <br /> does not involve any commitment to a specific project which may result in a potentially <br /> significant physical impact on the environment, as contemplated by Title 14, California Code of <br /> Regulations, Section 15378(b )(4)). <br /> SECTION 13. Effective bate. This Resolution shall take effect immediately upon its <br /> adoption provided that a fully executed copy of the Regional Collaborative Services Agreement <br /> between the Figtree PACE and the Association of Bay Area Governments is provided to the <br /> City. The City Clerk is hereby authorized and directed to transmit a certified copy of this <br /> resolution to Figtree Energy Financing. <br /> SECTION 14. 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 /> PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at <br /> a regular meeting held on January 16, 2018. <br /> I, Karen Diaz, City Clerk of the City of Pleasanton, California, certify that the foregoing <br /> resolution was adopted by the City Council at a regular meeting held on the 16th day of January <br /> 2018 by the following vote: <br /> Ayes: Councilmembers Brown, Narum, Olson, Pentin, Mayor Thorne <br /> Noes: None <br /> Absent: None <br /> Abstain: None <br /> Karen Diaz, City Clerl <br /> Dated: //zv/ij <br /> APP VE ' TO FORM: <br /> /Wad/ 4(/ <br /> Daniel G Sodergren, City Attorney <br />acknowledges that <br /> pursuant to the requirements of Chapter 29, CEDA has prepared and will update from time to <br /> time the "Program Report" for Figtree PACE (the "Program Report") and associated documents, <br /> and CEDA will undertake assessment proceedings and the financing of Improvements as set <br /> forth in the Program Report. <br /> SECTION 9. Foreclosure. The City Council hereby acknowledges that the Law <br /> permits foreclosure in the event that there is a default in the payment of assessments due on-a <br /> property. The City Council hereby designates CEDA as its representative to proceed with <br /> collection and foreclosure of the liens on the defaulting properties within the District, including <br /> accelerated foreclosure pursuant to the Program Report. <br />DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: <br />nd collection of special taxes or any required remedial action in the case of <br /> delinquencies in the payment of any special taxes in connection with the District. <br />