HomeMy WebLinkAboutAgreement A-15-105-1 with California Statewide Communities Development Athority.pdf1
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FIRST AMENDMENT TO AGREEMENT FOR THE COLLECTION OF SPECIAL
ASSESSMENTS
This First Amendment to Agreement 15 -1 05 , dated 2017 , is between the 4
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California Statewide communities Development Author ity , a joint exercise of powers authority
(CSCDA), and the County of Fresno , a politica l subdivision of the State of California (County).
8 RECITALS
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10 CSCDA, as part of its Property Assessed Clean Energy , or "PACE ", program intends to
11 levy voluntary contractual assessments on propert ies within the County of Fresno , under
12 Chapter 29 of Part 3 of Division 7 of the St reets and Highways Code .
13 The County desires to recover from CSCDA the County's costs for incorporating
14 voluntary contractual assessments into the assessments of the general taxes of the County on
15 property .
16 The County and CSCDA have previous ly entered into an Agreement for the Collection
17 of Special Assessments , dated March 24 , 2015 , and identified as County agreement 15 -105
18 (Agreement), specifically regarding a program known as the California First Program.
19 Subject to the resolution adopted by the Fresno County Board of Supervisors
20 concurrent with this amendment to the Agreement (Resolution), the County consents now to
21 the conduct of special assessment proceed ings by CSCDA , under a program known as Open
22 PACE , by program administrators in addition to the California First program , specifically the
23 AllianceNRG program, PACE Fund ing LLC , CleanFund Commercial PACE Capital and Spruce
24 Finance.
25 The Resolution further allows CSCDA to add additional program administrators , from
26 time to time , upon notice to the County , subject to all of the provisions provided for in the
27 Resolution.
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29 NOW THEREFORE , the County and CSCDA to agree to amend the Agreement as
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1 1. The voluntary contractual assessments levied in connection with the additional
2 program administrators identified above are subject to the terms and conditions of
3 the Agreement and any subsequent amendment of the Agreement.
4 2 . CSCDA may add additional program administrators upon written notice to the
5 County not later than the beginning of the first fiscal year in which the voluntary
6 contractual assessments of such additional program administrators would be
7 submitted for collection , and such program administrators are subject to the
8 Agreement and any subsequent amendment of the Agreement.
9 3 . This amendment is suffic ient to amend the Agreement. Upon execution of this
10 amendment, the Agreement and this amendment together shall be considered the
11 Agreement.
12 4 . The Agreement as amended by this amendment is ratified and continued. All
13 provisions , terms , covenants , conditions , and promises contained in the Agreement
14 and not amended by this agreement remain in full force and effect.
15 5. CSCDA represents to the County that it is duly authorized and empowered to sign
16 and perform its obligations under this amendment, and that the individual signing
17 this agreement on behalf of CSCDA is duly authorized to do so and his or her
18 signature on this amendment will legally bind CSCDA to the terms of this
19 amendment.
20 6. This amendment may be signed in counterparts , each of which is an original , and all
21 of which together constitute this agreement.
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23 CALIFORNIA STATEMENT COMMUNITIES
24 DEVELOPMENT AUTHORITY
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26 By : ~~~~,_ ____ __
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COUNTY OF FRESNO
By:
Brian Pacheco , Chairman
Chairman, Board of Supervisors
ATTEST:
Bernice Seidel , Clerk
Board of Supervisors
By : SusOvv'---~~
Deputy