2016-29451 Reso RESOLUTION 2016-29451
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE AND FOR THE CITY TO JOIN
THE NON-EXCLUSIVE INTERLOCAL SUBSCRIPTION
AGREEMENT WITH THE FLORIDA PACE FUNDING AGENCY
FOR AN INITIAL TERM OF THREE YEARS ENDING
SEPTEMBER 30, 2017; IN ACCORDANCE WITH SECTION
163.08, FLORIDA STATUTES, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO AS EXHIBIT"A."
WHEREAS, the Florida Legislature adopted Section 163.08, Florida Statutes, which
encourages local governments to fund and finance Property Assessed Clean Energy (PACE)
programs in order to provide financing for energy conservation and efficiency (i.e. energy-
efficient heating, cooling, or ventilation systems), renewable energy {i.e. solar panels), wind
resistance{i.e. impact resistant windows) and other improvements that are not inconsistent with
this general (the "Qualifying Improvements"); and
WHEREAS, the Legislature has described this funding and financing as a 'compelling
state interest' in Section 163.08(1), as PACE programs not only assist residents and business
owners in reducing their carbon footprint and energy costs, but also stimulate the local economy
by the creation of jobs and material sales; and
WHEREAS, Section 163.08, Florida Statutes, authorizes a city, a county or a separate
legal entity -to create and administer PACE programs for financing these Qualifying
Improvements; and
WHEREAS, given the wide spread energy and economic benefits of PACE programs,
the Commission desires to approve and encourage the Florida Pace Funding Agency program
in order to assist private property owners and achieve the compelling state interests announced
by the Legislature; and
WHEREAS, the Commission finds that this Resolution is in the best interest and welfare
of the residents of the City of Miami Beach to join the Florida Pace Funding Agency program;
and
WHEREAS, the Mayor and City Commission approve and direct execution of a non-
exclusive interlocal agreement between the City Commission and the Florida Pace Funding
Agency in substantially the form attached hereto as Exhibit "A," (the "Non-Exclusive Interlocal
Subscription Agreement").
[Remainder of page intentionally left blank.]
•
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission authorize the execution of the foregoing interlocal agreement; and authorize the
City Manager to execute a "Non-Exclusive Interlocal Subscription Agreement", in substantially
the form attached hereto as-Exhibit"A."
PASSED AND ADOPTED this V day of J , 2016.
r
ATT-EST:
74& G Ph' p
Rafael Granado, City Clerk -�
—- ;1\,\ ,6_4" ,6
APPROVED AS TO
FORM & LANGUAGE
* /- &FOR EXECUTION
INCORP ORATED:
' ••.. J\°j '/ City Attorney Dote
NCH 26` -4
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM i TO: Mayor Philip Levine d Memb s of the City C " mission
I
FROM: Jimmy L. Morales nj
I
DATE: June 8, 2016 �,
SUBJECT: A RESOLUTIO ' OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CREATING A PROPERTY ASSESSED CLEAN
ENERGY PROGRAM AND AUTHORIZING THE CITY TO JOIN THE CLEAN
ENERGY GREEN CORRIDOR PROGRAM IN ACCORDANCE WITH SECTION
163.08, FLORIDA STATUTES; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A NON-EXCLUSIVE MEMBERSHIP AGREEMENT BETWEEN THE
CITY AND THE GREEN CORRIDOR CLEAN ENERGY PROPERTY
ASSESSED (PACE) DISTRICT, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO AS EXHIBIT "A."
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AND FOR THE CITY TO JOIN THE NON-
EXCLUSIVE INTERLOCAL SUBSCRIPTION AGREEMENT WITH THE
FLORIDA PACE FUNDING AGENCY FOR AN INITIAL TERM OF THREE
YEARS ENDING SEPTEMBER 30, 2017; IN ACCORDANCE WITH
SECTION 163.08, FLORIDA STATUTES, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO AS EXHIBIT "A."
BACKGROUND
On March 9, 2016, Commissioner Kristen Rosen Gonzalez referred a discussion to the
Sustainabilty and Resiliency Committee regarding the reevaluation of a Property Assessed
Clean Energy (PACE) program. At the Sustainability and Resiliency Committee meeting on
March 30, 2016, the Committee referred a discussion to the Mayor and City Commission
regarding the reevaluation of a Property Assessed Clean Energy (PACE) Program, with the
recommendation to move forward with multiple providers to give property owners more options.
OVERVIEW
During the 2010 session, the Florida Legislature adopted HB 7179 (Section 163.08, F.S.), which
allows local governments to create Property Assessed Clean Energy (PACE) programs in order
to provide the upfront financing for energy conservation and efficiency (ex: energy-efficient
heating, cooling, or ventilation systems), renewable energy (ex: solar panels), wind resistance
(ex: impact resistant windows) and other improvements that are not inconsistent with state law.
Agenda Item R 7 0
Date b-Y- I&
The property-assessed clean energy (PACE) model is an innovative mechanism for financing
energy efficiency and renewable energy improvements on private property. PACE programs
allow local governments, state governments, or other inter-jurisdictional authorities, when
authorized by state law, to fund the up-front cost of energy improvements on commercial and
residential properties, which are paid back over time by the property owners. The recent
extension of this financing model to energy efficiency and renewable energy allows a property
owner to implement improvements without a large or even any up-front cash payment.
Property owners voluntarily choose to participate in a PACE program and agree to repay their
improvement costs over a set time period—typically 10 to 20 years—through property
assessments, which are secured by the property itself and paid as an addition to the owners'
property tax bills. In order to qualify, the property tax may not be delinquent for the preceding
three years and the improvements may not exceed 20% of the just value of the property. The
estimated utility costs savings of the improvements can be used by the participating property
owners to support payment annually as a voluntary non-ad valorem assessment on their
property tax bill. Nonpayment generally results in the same set of repercussions as the failure to
pay any other portion of a property tax bill. The interest rate varies from program to program but
ranges from about 6-8.5%.
A PACE assessment is a debt of property, which means the debt is tied to the property as
opposed to the property owner(s), therefore the repayment obligation may transfers with
property ownership depending upon state legislation. This eliminates a key disincentive to
investing in energy improvements, since many property owners are hesitant to make property
improvements if they think they may not stay in the property long enough for the resulting
savings to cover the upfront costs. In addition, PACE programs assist residents and business
owners in reducing their carbon footprint and energy costs and also assist in stimulating the
local economy through creating construction jobs.
In order for City residents to benefit from a PACE program, the City must establish a program or
join a special district through adoption of a resolution and/or execution of an interlocal
agreement. Three programs have been established in the South Florida area and operated by
third party administrators:
• The Clean Energy Green Corridor is operated by Ygrene Energy Fund Florida, LLC
and includes over 40 municipalities in Miami-Dade, Broward and Alachua Counties. The
Clean Energy Green Corridor was established as a joint effort between seven Miami-
Dade municipalities (Miami, Coral Gables, Pinecrest, Miami Shores, South Miami,
Palmetto Bay and Cutler Bay). The Ygrene Energy Fund offers funding for properties
within the Clean Energy Green Corridor District and any owner whose property lies
within the district can apply for financing.
• The Florida PACE Funding Agency provides PACE financing through its EVEST
Florida Program. The Florida PACE Funding Agency has "subscribers" in 14 central
and northern Florida Counties and over 10 cities including Tamarac, Pompano Beach,
Pembroke Pines, Hollywood, Margate, Coral Springs and Lauderhill. Any local
government in Florida may subscribe by resolution to make this financing opportunity
available for its community.
• RenewPACE Program was created and approved by the Florida Green Finance
Authority and its partnering local government members. Renew Financial I, LLC and
its affiliates administers the Program and manages its daily activities. Renew Financial
provides PACE financing over more than 80% of the State of California. In September
2015, Renew Financial acquired EcoCity Partners that used to administer the Florida
Green Energy Works program. The Florida Green Energy Works program included
Pasco, Martin and Escambia Counties and 12 municipalities in Palm Beach County, as
well as the cities of Hollywood and Margate. Any municipality or local government in
Florida can join by interlocal agreement to scale the consortium.
Depending on the program, administrators offer direct financing, owner/arranged open market
funding, lender consent versus lender notification requirements, pre-qualified contractors, and
energy audits. Each of these agencies will handle all significant aspects of the program,
including general administration, website creation and updating, energy analysis, contractor
training and approval, marketing, levy of assessment, financing and collections. It should be
noted that, by joining one program, the City is not excluded from participating in the other
existing PACE programs.
City staff evaluated the three programs, and recommends that the City move forward with
participating in Ygrene's Clean Energy Green Corridor and Florida PACE Funding Agency
program. By joining these two PACE programs, the City can quickly make PACE funding
available to its residential and business community. It should be noted that, by joining the
Ygrene's Clean Energy Green Corridor and the Florida PACE Funding Agency, the City is not
excluded from participating in the other existing PACE programs using a similar mechanism to
enroll. It is recommended that other PACE providers be evaluated again in the future as they
become more established in the region.
LEGISLATIVE AUTHORITY
Section 163.08 F.S. provides authority for a local government to pass an ordinance or adopt a
resolution to create a program that provides up-front financing and allows property owners to
apply to the local government to receive the finance.
CONCLUSION
The following is presented to the members of the Mayor and City Commission for discussion
and further direction. The Administration recommends that the Mayor and City Commission
adopt both Resolutions and Interlocal Agreements.
SMT/ESW/FCT
MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miomibeochil.gov
MEMO# COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Jimmy L. Morales
DATE: June 8,2016
SUBJECT: DISCUSSION REGARDING GREEN CORRIDOR PROGRAM AS
AUTHORIZED UNDER SECTION 163.01,FLORIDA STATUTES,A/K/A THE
GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY(PACE)
DISTRICT
BACKGROUND
At the Sustainability and Resiliency Committee meeting on March 30, 2016, the Committee
referred a discussion to the Mayor and City Commission regarding the revaluation of a Property
Assessed Clean Energy (PACE) Program. This item was sponsored by Commissioner Kristen
Rosen Gonzalez.
OVERVIEW
During the 2010 session,the Florida Legislature adopted HB 7179.(Section 163.08, F.S.),which
allows local governments to create Property Assessed Clean Energy(PACE)programs in order
to provide the upfront financing for energy conservation and efficiency (ex: energy-efficient
heating, cooling, or ventilation systems), renewable energy (ex: solar panels), wind resistance
(ex:impact resistant windows)and other improvements that are not inconsistent with state law.
The property-assessed clean energy (PACE) model is an innovative mechanism for financing
energy efficiency and renewable energy improvements on private property. PACE programs
allow local governments, state governments, or other inter-jurisdictional authorities, when
authorized by state law, to fund the up-front cost of energy improvements on commercial and
residential properties, which are paid back over time by the property owners. The recent
extension of this financing model to energy efficiency and renewable energy allows a property
owner to implement improvements without a large or even any up-front cash payment.
Property owners voluntarily choose to participate in a PACE program and agree to repay their
improvement costs over a set time period—typically 10 to 20 years—through property
assessments, which are secured by the property itself and paid as an addition to the owners'
property tax bills. In order to qualify, the property tax may have not been delinquent for the
preceding three years and the improvements may not exceed 20% of the just value of the
property. The estimated utility costs savings of the improvements can be used by the
participating property owners to support payment annually as a voluntary non-ad valorem
assessment on their property tax bill. Nonpayment generally results in the same set of
repercussions as the failure to pay any other portion of a property tax bill. The interest rate
varies from program to program but ranges from about 6-8.5%.
A PACE assessment is a debt of property, which means the debt is tied to the property as
opposed to the property owner(s), therefore the repayment obligation may transfers with
property ownership depending upon state legislation. This eliminates a key disincentive to
investing in energy improvements, since many property owners are hesitant to make property
improvements if they think they may not stay in the property long enough for the resulting
savings to cover the upfront costs. In addition, PACE programs assist residents and business
owners in reducing their carbon footprint and energy costs and also assist in stimulating the
local economy through creating construction jobs.
In order for City residents to benefit from a PACE program,the City must establish a program or
join a special district through adoption of a resolution and/or execution of an interlocal
agreement. Three programs have been established in the South Florida area and operated by
third party administrators:
• The Clean Energy Green Corridor is operated by Ygrene Energy Fund Florida and
includes 37 municipalities in Miami-Dade, Broward and Alachua Counties. The Clean
Energy Green Corridor was established as a joint effort between seven Miami-Dade
municipalities (Miami, Coral Gables, Pinecrest, Miami Shores, South Miami, Palmetto
Bay and Cutler Bay). The Ygrene Energy Fund offers funding for properties within the
Clean Energy Green Corridor District and any owner whose property lies within the
district can apply for financing. This program allows building owners to finance clean
energy and hurricane protection upgrades for up to a 20 year term.
• The Florida PACE Funding Agency has "subscribers" in 14 central and northern
Florida Counties;and in 10 cities including Tamarac, Pompano Beach, Pembroke Pines,
Hollywood, Margate, Coral Springs and Lauderhill. The Florida PACE Funding Agency
program is administered by the EIVEST Florida and was a special purpose unit of
government formed by Flagler County and the City of Kissimmee as a public service to
benefit all eligible property owners in subscribing counties. Any local government in
Florida may subscribe by resolution to make this financing opportunity available for its
community.
• Florida Green Energy Works was administered by EcoCity Partners which was
recently acquired by Renew Financial in September 2015. Renew Financial provides
PACE financing over more than 80% of the State of California. This program includes
Pasco, Martin and Escambia Counties and 12 municipalities primarily in Palm Beach
County but also includes the cities of Hollywood and Margate. Any municipality or local
government in Florida can join by interlocal agreement to scale the consortium.
Depending on the program, administrators offer direct financing, owner/arranged open market
funding, lender consent versus lender notification requirements, pre-qualified contractors, and
energy audits. Each of these agencies will handle all significant aspects of the program,
including general administration, website creation and updating, energy analysis, contractor
training and approval,marketing, levy of assessment,financing and collections.While the City is
not responsible for any of those activities, it is recommended that municipalities that have
elected to join PACE program provide marketing and communications publicize the program. It
should be noted that, by joining one program, the City is not excluded from participating in the
other existing PACE programs.
Of the three South Florida PACE Programs,the Clean Energy Green Corridor offers a
comprehensive turnkey solution for City property owners and has demonstrated substantial
success in funding improvements in the Southeast Florida area. Currently, 22 municipalities in
Miami-Dade and Broward participate in the Clean Energy Green Corridor Program including
Coral Gables, Key Biscayne, Miami, North Miami, Pinecrest, South Miami, Surfside,
Homestead, Fort Lauderdale, Dania Beach, Hallandale Beach, Hollywood, Margate, Pompano
Beach, amongst others. Sixteen cities in Alachua County have also recently joined. Since it
began funding projects in the summer of 2013, Clean Energy Green Corridor program reports it
has received over 4852 applications for funding,funded 1125 projects totaling$34.8 million, and
improved 1102 properties. 97% of the volume is residential while 17% of the dollar value is
commercial. The average residential project funded is $23,675. Roughly one third of the
improvements are roofing repairs, 44% windows and doors, approximately 11% new air
conditioning and 7%solar panels.L Comment[TF1]:Checking the numbers with the
program be they may have changed a bit.
By joining this PACE program, the City can quickly make PACE funding available to its
residential and business community. It should be noted that, by joining the Clean Energy Green
Corridor,the City is not excluded from participating in the other existing PACE programs using a
similar mechanism to enroll.
LEGISLATIVE AUTHORITY
Section 163.08 F.S. provides authority for a local government to pass an ordinance or adopt a
resolution to create a program that provides up-front financing and allows property owners to
apply to the local government to receive the finance.
CONCLUSION
The following is presented to the members of the Mayor and City Commission for discussion
and further jdirectioh. Comment[TF2]:Or...The Administration
recommends that the Mayor and City
Attachments Commission adopt the Resolution and the
Interlocal Agreement.
jExhibit 1 —Resolution to Join the Clean Energy Green Corridor Program
Exhibit 2—Interlocal Agreement for Providing a PACE Program -- Comment[TF3]:The ones Eve provided
Exhibit 3—Clean Energy Green Corridor Program Guidelines
SMT/ESW/FCT
I /
CLEAN ENERGY,
GREEN CORRIDOR
BY YGRENE
CLEAN ENERGY GREEN CORRIDOR
PROGRAM GUIDELINES
CLEAN ENERGY GREEN CORRIDOR
www.ygreneworks.com
CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
In order to apply for financing under the Clean Energy Green Corridor (the "District") Program (the
"Program") the property owner must read, accept, and comply with the terms provided herein (the
"Program Terms").
These Program Terms, along with the documents -property owners execute in connection with the
Program (the "Program Documents"), establish the terms of the District Program. Property owners
should become familiar with and understand the provisions of the Program Terms. By executing the
Program Documents, the property owner agrees to all of the Program Terms. The District reserves the
right to amend these Program Terms from time to time as described below. The District has contracted
with Ygrene Energy fund Florida, LLC {the "Administrator") to administer the program. The District will
share information with the Administrator and other third parties as necessary to administer the
Program.
1. Purpose of the Program
The Program is intended to assist property owners in the District in financing the installation of
energy efficiency, wind resistance and renewable energy improvements as defined in Section
163.08, Florida Statutes (the "Qualifying Improvements"). The financing and the costs of
administering the Program will be repaid through non-ad valorem special assessments added to the
property tax bills paid by only those property owners who voluntarily choose to participate in the
Program. There may be other types of financing available to property owners and the District does
not guarantee that the Program is the best financing option. Property owners should obtain help in
selecting the option that is most appropriate for their particular situation.
2. Summary of the Program Process
As discussed in more detail below, in order to receive funding from the Program, property owners
must complete the following steps for all property types:
a. Determine that they meet the eligibility requirements. (see "Eligibility"below).
b. Apply online or submit a paper application for the Program. {see "Application"below).
c. Agree to these Program Terms and pay an application fee as part of the application process.
d. At least 30 days before executing a financing agreement the "Financing Agreement"), the
property owner shall provide to the holders or loan servicers of any existing mortgages
encumbering or otherwise secured by the property a notice of the owner's intent to enter into a
Financing Agreement together with the maximum principal amount to be financed and the
maximum annual assessment necessary to repay that amount. Unless otherwise instructed, the
program administrator will automatically do this upon application approval.
e. The Administrator must approve the completed application.
f. A contractor certified (the "Certified Contractor") through the Program must be selected by the
property owner to install the Qualifying Improvements. The Certified Contractor must submit a
bid for the installation of Qualifying Improvements on the-property
g. The District will record the signed Finance Agreement or a summary memorandum of such
agreement within 5 days of signing. Upon disbursement of funds, the District will record an
addendum to the Financing Agreement indicating the final amount financed which will be
annually assessed (the "Settlement Statement").
h. The District will authorize the release of funds to the property owner after project completion.
Property owners may choose to assign payment directly to their Certified Contractor.
i. Pay the special assessments in the amounts and at the times specified in the Settlement
Statement.
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CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
3. Eligibility
The Program is available to all privately owned property within the District. The financing terms and
conditions set forth in these Program Terms are applicable to financings for the installation of
Qualifying Improvements in residential and non-residential properties (as determined by guidelines
established by each member municipality of the District). In order to participate in the Program, a
property owner must meet and complete the following requirements and steps:
a. The property to be improved with the Qualifying Improvements must be located within the
District.
b. All holders of fee simple title to the subject property or, for corporate owners their designee(s),
must sign the Program Documents. Therefore, before submitting an application, property owners
must ensure that all property owners will agree to participate in the Program on the terms set
forth in these Program Terms.
c. All property taxes and any other assessments levied on the same bill as property taxes must be
paid and have not been delinquent for the preceding 3 years or the property owner's period of
ownership, whichever is less. There shall be no involuntary liens, including, but not limited to,
construction liens on the property. There shall be no notices of default or other evidence of
property-based debt delinquency recorded during the preceding 3 years or the property owner's
period of ownership, whichever is less. The property owner must be current on all mortgage debt
on the property. Property owner may not currently be in bankruptcy.
d. The total debt of the property, including mortgages and equity lines of credit, secured by the
property, must not exceed 90% of the fair market value of the property. The administrator will
provide you with the current fair market value of the property.
e. The District reserves the right, in its sole discretion, to request supplemental information from
owners and to deny applications based on any negative reports.
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CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
4. Application
All property owners interested in applying to the Program must submit the initial application
documents listed below along with the required application fee. At the time of application, property
owners must agree to the Program Terms. Project applications will receive an administrative point of
contact from the Administrator, who will assist in the process.
a. Application Form and application fee.
b. Upon review of the application by the Administrator, applicants will receive either a Notice of
Approval or a Notice of Denial.
c. Upon receipt of a Notice of Approval, unless otherwise instructed, the program administrator will
send a notice to any mortgage holder of the property owners intent to use the Program informing
them of the maximum potential assessment.This is not required if the property is owned free and
clear.
d. Upon receipt of a Notice of Approval, applicants can proceed to submit their proposed
project for approval (See "Project Approval" below).
e. Should an application be denied, the notice will include recommend remedial action that may be
available to the applicant.
5. Qualifying Improvements; Certified Contractors; Maximum Funding
The following general provisions apply to all-projects submitted for funding under the Program:
a. Program financing may only be used to finance those improvements that are described in the
list of Qualifying Improvements (see appendix I). Property owners are responsible to ensure that
improvements installed on their property qualify under the program.
b. The Program is a financing program only. Neither the District nor the Administrator is
responsible for installation of the Qualifying Improvements or their performance.
c. The Qualifying Improvements must be affixed to the building or facility that is part of the property
and shall constitute an improvement to the building or facility or a fixture attached to the building
or facility. Appliances built-in to cabinetry qualify, but freestanding units do not. Built-in lighting
fixtures qualify, but replacement of light bulbs alone cannot be financed. Questions regarding
Qualified Improvements should be directed to the Administrator.
d. Qualifying Improvements must be installed by Certified Contractors who meet the eligibility
criteria set forth for the specific category of work being financed, and who are listed on the
Certified Contractors list that may be obtained on-line or from the Administrator.
e. The Program requires a minimum funding request of$2,500.
f. The Program will approve maximum funding requests in an amount such that the aggregate
amount of any fixed assessment liens on the property and the amount of the proposed project to
be completed do not exceed 100% of the fair market value of the property. Maximum financing
is initially set at the lesser of 20% of the just value of the property as determined by the property
appraiser or 15% of the fair market value.
g. The Program will not provide financing for any costs in excess of the maximum amounts
allowed under FL law.
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CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
6. Project Approval
Upon receipt of a Notice of Approval of a Program application and following verification of lender
notification being sent, the property owner may proceed towards project funding. Following are the
steps required to obtain authorization for funding under the Program:
a. Select a Certified Contractor from the Certified Contractor List. This list is available on-line and/or
from the Administrator. Applicants may wish to obtain bids and advice from more than one
Certified Contractor.
b. Work with Certified Contractor(s) to determine the scope and cost of your project, and verify that
the proposed work qualifies for funding under the Program. Once Qualifying Improvements are
selected, obtain a formal bid from one or more Certified Contractors.
c. Following review of the project bid(s) select a Certified Contractor to coordinate the project with
the Program Administrator.
d. Once the project is approved, applicants will be required to execute the Financing Agreement.
This is the contract that authorizes the Administrator and the District to record on the property tax
record the assessment that will secure the project financing. The Financing Agreement must be
signed prior to commencement of construction.
e. Once the Financing Agreement is signed, applicants will receive a Notice to Proceed. Upon
receipt of this notice, applicants can authorize commencement of the project. If construction
begins prior to receipt of a Notice to Proceed, applicants run the risk of not qualifying for
Program funding.
7. Funding
a. Once the Certified Contractor has completed installation of the Qualifying Improvements,
contractor must submit a payment request and the project verification documents. Contact the
Administrator for a complete list of required forms and agreements. Property owner may request
that the Certified Contractor receive payment directly from the Administrator.
b. If the funding request is not submitted to the Administrator within 90-calendar days after the date
that appears on the Finance Agreement , the interest rate may be reset (See "Financing Costs;
Interest Rate below).
c. Upon review of the project record the Administrator will confirm its eligibility for funding and
calculate the final assessment details. Prior to the issuance of wire transfer, the property owner
must approve and sign the Estimated Settlement Statement.
d. In the event a property owner cancels financing after submitting a request for funding, all
expenses incurred by the Program for recording documents, preparing bond documents and
releasing any liens will be the responsibility of the property owner. Property owners may be
9 Y P Y P P Y P Y Y
responsible for expenses incurred by Certified Contractors according to their contracts. The
District has no responsibility to release funds to property owners or Certified Contractors for work
that has not been completed for any reason.
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CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
8. Financing Costs; Interest Rate
a. In order to receive funding, property owners agree to pay special assessments in an amount
equal to{i) the principal amount received from the Program, (ii) interest on the principal amount
received from the Program and <iii) initial and on-going administrative expenses (see Appendix
II).
b. Principal. This is the total of all financed project costs. These may include costs associated with
implementing the project such as closing fees, permits, audit expenses, application fees and
capitalized interest (see "Capitalized Interest"below).
c. Interest Rate. The rate of interest charged on the amount funded will be fixed for the full term of
the assessment. The rate will be set for 90 days on the date that the Finance Agreement is
prepared by the Administrator.
d. Capitalized Interest. Because of administrative delays involved in placing assessments on
County tax rolls, capitalized interest will be added to the assessment for the time period between
funding of the project and the first day of the year in which the bond for each project is issued.
9. Repayment Terms; Special Assessments
a. Repayment Terms. Following placement of the assessment on the tax roll, the property owner
will be obligated to pay the special assessments specified in the Project Approval.
b. Prepayment Terms: The Special Assessment can be paid off at any time. There is a 5%
prepayment penalty which will be owed on any outstanding principal balance at the moment the
prepayment is made. This penalty can be waived by adding on a voluntary charge to the closing
costs and the assessment can be pre-paid in full at any time.
c. Special Assessments. A property owner must pay the agreed-upon special assessment
regardless of personal financial circumstances, the condition of the property, or the performance
of the Qualifying Improvements. Property owners should not apply for financing if they are not
certain they can meet the assessment obligations. The failure to pay property taxes in full or
in part will result in financial repercussions including penalties, interest, the sale of a tax
certificate on the property, and possible loss of the property. If property owners use an
escrow account to pay their property taxes, they must notify the escrow company of the special
assessment. In such cases, property owners will need to increase monthly payments to the
escrow account by an amount equivalent to the annual assessment payments, divided by 12
months.
5
CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
10. Compliance with Existing Mortgages
Recordation of the assessment on the tax roll will establish a continuing lien as security for the
obligation to pay the special assessments. In accordance with Florida law, the lien securing the
obligation to pay the special assessments will be senior to all private liens, including existing
mortgage(s). Many mortgage and loan documents limit the ability of a property owner to place senior
liens on property without the consent of the lender, or authorize the lender to obligate borrowers to
prepay the senior obligation. Recently, the Federal Housing Finance Agency has issued policy
guidelines that question the validity and assessment status of PACE assessments. Program
participants should confirm with their lender(s) that participation in the Program does not adversely
impact their rights with respect to any existing loan documents. Property owners are required to
notify their lenders prior to a funding request and to provide the Administrator with a copy of the
letter and proof of mailing. The Administrator will provide required forms for lender notification,
but ultimate responsibility for addressing issues with existing lenders remains with property
owners.
11. Transfer or Resale of the Subject Property
Special Assessments run with the property. In the event of a sale, unless other arrangements are
made prior to closing, the annual payments will appear on the new owner's tax bill. The property
owner must be aware of the fact that the Federal Housing Finance Agency has made a statement
indicating that they will not give a mortgage to a potential buyer of a residential property if the
property has a PACE special assessment recorded against it. If this is the case, the assessment
can be prepaid at the time of sale (see "Repayment Terms; Special Assessments"above).
Ownership of any funded Qualifying Improvements (including light bulbs) transfer to the new owner.
and may not be removed from the property. Program participants agree to make all legally required
disclosures regarding the existence of the assessment lien on the property in connection with any
sale.
At or before the time a purchaser executes a contract for the sale and purchase of any property for
which a non-ad valorem assessment has been levied and has an unpaid balance due, the seller
shall give the prospective purchaser a written disclosure statement in the following form, which shall
be set forth in the contract or in a separate writing:
QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, RENEWABLE,ENERGY, OR WIND
RESISTANCE.—The property being purchased is located within the jurisdiction of a local
government that has placed an assessment on the property pursuant to s. 163.08, Florida Statutes.
The assessment is for a qualifying improvement to the property relating to energy efficiency,
renewable energy, or wind resistance, and is not based on the value of property. You are
encouraged to contact the county property appraiser's office to learn more about this and other
assessments that may be provided by law.
12. Rebates and Taxes
Participation in this Program does not reduce rebates available through federal, state, utility
sponsored and District rebate programs. More information on available programs can be found on-
line or through Certified Contractors and other vendors. Participants should consult with their tax
advisors with respect to the state and federal tax benefits and consequences of participating in the
Program. Neither the District nor the Administrator is responsible for the tax considerations of
participating in the Program.
6
CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
13. Changes in State and Federal Law
The District's ability to continue to finance the Program is subject to a variety of state and federal
laws. If those laws or the judicial interpretation thereof changes after a property owner applies for the
Program, but before the District fulfills the funding request, the District may be unable to fulfill the
request. In such event, the District shall have no liability as a result of any such change in law or
judicial interpretation.
14. Changes in Program Terms
The District reserves the right to change the Program Terms at any time without notice. However, no
such change will affect a participant's obligation to pay special assessments as set forth in the
Settlement Statement. Participation in the Program will be subject to the Program Terms in effect
from time to time.
7
CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
APPENDIX I
QUALIFYING IMPROVEMENTS
The following list represents improvements that will be Qualifying Improvements under the District
PACE Program. Additional and/or alternative measures may be approved on a case-by-case basis
and/or as the list is modified from time to time in compliance with State Law or instructions from the
District.
1. Energy Efficiency
a. Air Sealing and Ventilation
• Air Filtration
• Building Envelope
• Duct Leakage and Sealing
• Bathroom, ceiling, attic, and whole house fans
b. Insulation
• Defect Correction
• Attic, floor, walls, roof, ducts
c. Weather-Stripping
d. Home Sealing
e. Geothermal Exchange Heat Pumps
f. HVAC Systems
g. Evaporative Coolers
• Cooler must have a separate ducting system from air conditioning and heating ducting
system
h. Natural gas storage water heater
• Energy Star listed
i. Tankless water heater
j. Solar water heater system
k. Reflective insulation or radiant barriers
I. Cool roof
m. Windows and glass doors
• U value of 0.40 or less and solar heat gain coefficient of 0.40 or less
n. Window filming
o. Skylights
p. Solar tubes
q. Additional building openings to provide addition natural light
r. Lighting
• Energy Star listed (only retrofits)
s. Pool equipment
• Pool circulating pumps
8
CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
2. Other Non-Residential Building Measures
The following measures are allowed for commercial and non-residential buildings, in addition to all
applicable energy efficiency measures listed above:
a. Occupancy-Sensor Lighting Fixtures
• SMART Parking Lot Bi-Level Fixture
• SMART Parking Garage Bi-Level Fixtures
• SMART Pathway Lighting
• SMART Wall Pack Fixtures
b. Task Ambient Office Lighting
c. Classroom Lighting
d. Refrigerator Case LED Lighting with Occupancy Sensors
e. Wireless, daylight lighting controls
f. Kitchen Exhaust Variable Air Volume Controls
g. Wireless HVAC Controls & Fault Detection
3. Solar Equipment
a. Solar thermal hot water systems
b. Solar thermal systems for pool heating
c. Photovoltaic systems(electricity)
d. Emerging technologies—following the Custom Measures Track
4. Wind Resistance Measures
a. Wind hardening measures can be deployed through this Program. The measures described
qualify.
b. Improving the strength of the roof deck and foundation attachment.
c. Creating a secondary water barrier to prevent water intrusion.
d. Installing wind-resistant shingles or other roofing.
e. Installing gable-end bracing.
f. Reinforcing roof-to-wall connections.
g. Installing storm shutters.
h. Installing perimeter-opening protections.
i. Raising building elevations.
9
CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
5. Custom Measures
The Custom Measures Track is a process by which the Energy Center Manager and/or staff can
evaluate and approve funding for projects that are not "off the shelf' improvements listed in the
Qualifying measures. These custom projects may involve large scale industrial or commercial energy
efficiency improvements; processing or industrial mechanical systems; and renewable energy
generation from sources such as geothermal and fuel cells. The following are examples of custom
measures that will be considered for Clean Energy Green Corridor funding:
a. Custom Energy Efficiency Measures
• Building energy management controls
• HVAC duct zoning control systems
• Irrigation pumps and controls
• Lighting controls
• Industrial and process equipment motors and controls
• Electric Vehicle Charging Equipment
b. Custom Energy Generation Measures
• Fuel Cells
• Wind turbine power system
• Natural gas
• Hydrogen fuel
• Other fuel sources (emerging technologies)
• Co-generation (heat and energy)
10
CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
APPENDIX II
ADMINISTRATIVE FEES AND CLOSING COSTS*
RESIDENTIAL
Application Fee $50.00
Processing& Underwriting Fee $125.00
Jurisdiction Cost Recovery Fee** See Table 1
Recording& Disbursement Fee $100.00
Bond Trustee Fee $90.00
Title& Escrow $65.00
COMMERCIAL
Application Fee $250.00
Processing& Underwriting Fee $250.00
Jurisdiction Cost Recovery Fee** See Table 1
Recording& Disbursement Fee $250.00
Bond Trustee Fee $90.00
Energy Analysis Fee See Table 2
Table 1
JURISDICTION;COST RECOVERY,FEE**
Project Size Fee
RESIDENTIAL <$62,500 $125.00
$62,500 $75+(.0008 x Project Size)
COMMERCIAL <$250,000 $225.00
>_$250,000 $75+(.0008 x Project Size)
Table 2
ENERGY PRO COMMERCIAL PROJECTS
Project Size Fee
<_$100,000 $450.00
$100,001-$200,000 $600.00
$200,001-$300,000 $750.00
>_$300,001+ $900.00
* A$37 administrative fee will be added to the assessment in relation to tax collection, and in Miami-Dade
County,the tax collector may add a 1%collection fee along with the special assessment.
* Fees may vary based on current market conditions
11
w
CFN 2012R0550022
OR Bk 28217 P9s 0312 - 333; (22oss)
AMENDED AND RESTATED1 RECORDED 08/06/2012 12:20:13
INTERLOCAL AGREEMENT BETWEEN THE TO ADE COUNTY, FLORIDA�T
CUTLER BAY, VILLAGE OF PALMETTO BAY,VILLAGE OF
PINECREST, CITY OF SOUTH MIAMI, MIAMI SHORES VILLAGE, CITY OF CORAL
GABLES &CITY OF MIAMI
This Amended and Restated Interlocal Agreement(the"Interlocal Agreement") is
entered into between the Town of Cutler Bay, Florida, a Florida municipal corporation;
Village of Palmetto Bay, Florida, a Florida municipal corporation; Village of Pinecrest, a
Florida municipal corporation; City of South Miami, a Florida municipal corporation;
Miami Shores Village, a Florida municipal corporation; City of Coral Gables, a Florida
municipal corporation, and the City of Miami, a Florida municipal corporation
(Collectively, the "Parties").
RECITALS
WHEREAS, Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation
Act of 1969," authorizes local government units to enter into interlocal
agreements for
the mutual benefit of governmental units; and
WHEREAS, Section 163-01 (7), Florida Statutes, allows for the creation of a
"separate legal entity" constituted pursuant to the terms of the interlocal agreement to
carry out the purposes of the interlocal agreement for the mutual benefit of the
governmental units; and
WHEREAS, the Parties desire to enter into an interlocal agreement creating a
separate legal entity entitled the Green Corridor Property Assessment Clean Energy
(PACE) District, hereinafter referred to as the"District;"and
WHEREAS, Section 166.021, Florida Statutes, authorizes the Parties to
exercise any power for municipal purposes, except when expressly prohibited by law;
and
WHEREAS, Section 163.08, Florida Statutes, provides that a "local government,"
defined as a county, municipality, a dependent special district as defined in Section
189.403, Florida Statutes, or a separate legal entity created pursuant to Section
163.01(7), Florida Statutes may finance energy related "qualifying improvements"
through voluntary assessments; and
1 This Interlocal Agreement restates and amends an interlocal agreement approved by the Town of Cutler
Bay, Village of Palmetto Bay, Village of Pinecrest, and City of South of Miami, which was not recorded
and thus never became effective. Therefore, this Interlocal Agreement, upon recordation, shall serve as
the Interlocal Agreement establishing the Green Corridor Property Assessment Clean Energy (PACE)
District created pursuant to Section 163.01(7), Florida-Statutes.
1
Book28217/Page312 CFN#20120550022 Page 1 of 22
WHEREAS, Section 163.08, Florida Statutes, provides that improved property
that has been retrofitted with energy-related qualifying improvements receives the
special benefit of alleviating the property's burden from energy consumption and assists
in the fulfillment of the state's energy and hurricane mitigation policies; and
WHEREAS, Section 163.08(5), Florida Statutes, provides that local governments
may enter into a partnership with one or more local governments for the purpose of
providing and financing qualifying improvements; and
WHEREAS, the Parties to this Interlocal Agreement have expressed a desire to
enter into this Interlocal Agreement in order to authorize the establishment of the District
as a means of implementing and financing a qualifying improvements program within
the District; and
WHEREAS, the Parties have determined that it is necessary and appropriate to
create the District and to clarify various obligations for future cooperation between the
Parties related to the financing of qualifying improvements within the District; and
WHEREAS, the Parties agree and understand that each member of the District
will have complete control over the administration, governance, and implementation of
their own PACE program, which includes, but is not limited to, the ability to review and
approve program documents, marketing strategies, and determining eligible property
types and improvements; and
WHEREAS, the Parties have determined that it shall serve the public interest to
enter into this Interlocal Agreement to make the most efficient use of their powers by
enabling them to cooperate on a basis of mutual advantage to provide for the financing
of qualifying improvements within the District.
NOW, THEREFORE, in consideration of the terms and conditions, promises and
covenants hereinafter set forth,the Parties agree as follows:
Section 1. Recitals Incorporated. The above recitals are true and correct and
incorporated herein.
Section 2. Purpose. The purpose of this Interlocal Agreement is to consent to
and authorize the creation of the District, pursuant to Section 163.08, Florida Statutes in
order to facilitate the financing of qualifying improvements for property owners within the
District. The District shall be a separate legal entity, pursuant to Section 163.01(7),
Florida Statutes.
Section 3. Qualifying Improvements. The District shall allow the financing of
qualifying improvements as defined in Section 163.08, Florida Statutes.
Section 4. Enabling Ordinance or Resolution. The Parties to this Interlocal
Agreement agree to approve and keep in effect such resolutions and ordinances as
may be necessary to approve, create and maintain the District. Said ordinances and
resolutions shall include all of the provisions as provided for in Sections 163.01 and
2
Book28217/Page313 CFN#20120550022 Page 2 of 22
163.08, Florida Statutes, for the creation of a partnership between local governments as
a separate legal entity. The District shall be created upon the execution of this
Interlocal Agreement by the Parties hereto and the adoption of an ordinance or
resolution of support by the Parties establishing the District. Additional local
governments may join in and enter into this Interlocal Agreement by approval of two-
thirds of the members of the Board (as defined in Section 6 below), execution of this
Interlocal Agreement and adoption of an ordinance or resolution of support establishing
the District.
Section 5. District Boundaries. The boundaries of the District shall be the
legal boundaries of the local governments that are Parties to this Interlocal Agreement.
As contemplated in this Interlocal Agreement, the District will levy voluntary
assessments on the benefitted properties within the boundaries of the District to help
finance the costs of qualifying improvements for those individual properties. Upon
petition by the landowners of individual properties desiring to be benefited, those
properties receiving financing for qualifying improvements shall be assessed from time
to time, in accordance with the applicable law. Notwithstanding a Parties termination of
participation within this Interlocal Agreement, those properties that have received
financing for qualifying improvements shall continue to be a part of the District, until
such time that all outstanding debt has been satisfied.
Section 6. Governing Board of the District. The District shall be governed by a
governing board (the "Board,") which shall be comprised of property owners or elected
officials within the jurisdictional boundaries of the Parties to this Interlocal Agreement
and one at large property owner from within the District. The maximum number of
members of the Board serving at any given time shall be no more than seven (7) and
the minimum number of members shall be not less than three (3). Notwithstanding the
foregoing, the maximum number of members on the Board may be increased by a two-
third majority vote of the Board. The initial Board shall serve for an initial four (4) year
term and shall consist of one (1) representative appointed by each Party from within
their jurisdictional boundaries. The initial at large member of the Board shall be
appointed by a majority vote of the Board. All subsequent renewal terms shall be for
four (4) years. Following the initial Board appointments, the Parties to this Interlocal
Agreement shall nominate appointees to be elected to the Board by current sitting
Board members. In the event a Board member is no longer eligible to serve on the
Board, that Party to this Inter local Agreement shall appoint a replacement to fulfill the
remaining term of that member. The Board's administrative duties shall include all
duties necessary for the conduct of the Board's business and the exercise of the powers
of the District as P rovided in Section 11.
Section 7. Decisions of the Board. Decisions of the Board shall be made by
majority vote of the Board. The Board may adopt rules of procedure. In the absence of
the adoption of such rules of procedure, the fundamental parliamentary procedures of
Roberts Rules of Order shall apply.
Section 8. District Staff and Attorney. The Town Manager of Cutler Bay shall
serve as the staff to the District. In addition, the Town Attorney for Cutler Bay shall
3
Book28217/Page314 CFN#20120550022 Page 3 of 22
serve as the counsel to the District. To the extent not paid by the Third Party
Administrator of the District (the "TPA"), all of the District's staff and attorney expenses
shall be borne by the Town of Cutler Bay. After the District has been operating for two
years, the Board may choose to hire different District staff and/or Attorney. If the Board
chooses to hire different District staff and/or Attorney, the Town of Cutler Bay will no
longer pay for the staff and/or attorney expenses to the extent they are not paid by the
TPA.
Section 9. Financing Agreement. The Parties agree that the District shall
enter into a financing agreement, pursuant to Section 163.08(8), Florida Statutes, with
property owner(s)who obtain financing through the District.
Section 10. Procurement. The Parties agree and understand that the initial
procurement for the TPA for the District was performed by the Town of Cutler Bay in
accordance with its adopted competitive procurement procedures (Request for Proposal
10-05). The Parties further agree and understand that the Town of Cutler Bay has
selected Ygrene Energy Fund, Florida, LLC (the "Ygrene") as the initial TPA. The Town
of Cutler Bay, on the behalf of the District, has entered into an Agreement between the
Town of Cutler Bay and Ygrene, dated August 16, 2011, which was assigned to the
District.
Section 11. Powers of the District. The District shall exercise any or all of the
powers granted under Sections 163.01 and 163.08, Florida Statutes, as may be
amended from time to time, which include, without limitation,the following:
a. To finance qualifying improvements within the District boundaries;
b. In its own name to make and enter into contracts;
c. To employ agencies, employees, or consultants;
d. To acquire, construct, manage, maintain, or operate buildings, works, or
improvements;
e. To acquire, hold, or dispose of property;
f.
To incur debts, liabilities, or obligations which do not constitute the debts,
liabilities, or obligations of any of the Parties to this Interlocal Agreement;
g. To adopt resolutions and policies prescribing the powers, duties, and
functions of the officers of the District, the conduct of the business of the
District, and the maintenance of records and documents of the District;
h. To maintain an office at such place or places as it may designate within
the District or within the boundaries of a Party to this Interlocal Agreement;
i. To cooperate with or contract with other governmental agencies as may
be necessary, convenient, incidental, or proper in connection with any of
4
Book28217/Page315 CFN#20120550022 Page 4 of 22
the powers, duties, or purposes authorized by Section 163.08, Florida
Statutes, and to accept funding from local and state agencies;
j. To exercise all powers necessary, convenient, incidental, or proper in
connection with any of the powers, duties, or purposes authorized in
Section 163.08, Florida Statutes; and
k. To apply for, request, receive and accept gifts, grants, or assistance funds
from any lawful source to support any activity authorized under this
Agreement.
Section 12. Quarterly Reports. A quarterly report of the District shall be
completed in accordance with generally accepted Government Auditing Standards by
an independent certified public accountant. At a minimum, the quarterly report shall
include a balance sheet, statement of revenues, expenditures and changes in fund
equity and combining statements prepared in accordance with generally accepted
accounting principles. All records such as, but not limited to, construction, financial,
correspondence, instructions, memoranda, bid estimate sheets, proposal
documentation, back charge documentation, canceled checks, reports and other related
records produced and maintained by the District, its employees and consultants shall be
deemed public records, and shall be made available for audit, review or copying by a
Party to this Interlocal Agreement upon reasonable notice.
Section 13. Term. This Interlocal Agreement shall remain in full force and
effect from the date of its execution; provided, however, that any Party may terminate its
involvement in the District and its participation in this Interlocal Agreement upon ten (10)
days'written notice to the other Parties. Should a Party terminate its participation in this
Interlocal Agreement, be dissolved, abolished, or otherwise cease to exist, the District
and this Interlocal Agreement shall continue until such time as all remaining Parties
agree to terminate.
Section 14. Consent. This Interlocal Agreement and any required resolution or
ordinance of an individual Party shall be considered the Parties' consent to the creation
of the District as required by Sections 163.01 and 163.08, Florida Statutes.
Section 15. Liability. The Parties hereto shall each be individually and
separately liable and responsible for the actions of its own officers, agents and
employees in the performance of their respective obligations under this Interlocal
Agreement. Except as specified herein, the Parties shall each individually defend any
action or proceeding brought against their respective agency pursuant to this Interlocal
Agreement and shall be individually responsible for all of their respective costs,
attorneys' fees, expenses and liabilities incurred as a result of any such claims,
demands, suits, actions, damages and causes of action, including the investigation or
the defense thereof, and from and against any orders,judgments or decrees which may
be entered as a result thereof. The Parties shall each individually maintain throughout
the term of this Interlocal Agreement any and all applicable insurance coverage required
by Florida law for governmental entities. Nothing in this Agreement shall be construed
5
Book28217/Page316 CFN#20120550022 Page 5 of 22
• x
to affect in any way the Parties' rights, privileges, and immunities, including the
monetary limitations of liability set forth therein, under the doctrine of "sovereign
immunity"and as set forth in Section 768.28 of the Florida Statutes.
Section 16. Indemnification. The Parties agree that the TPA for the District
shall always indemnify and hold harmless the Parties and the District. The Parties
understand and acknowledge that the indemnification provisions included in Section 11
"Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier(such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to : See Attachment
With a Copy to: See Attachment
•
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
6
Book28217/Page317 CFN#20120550022 Page 6 of 22
1 •
Section 19. Filing. It is agreed that this Interlocal Agreement shall be filed with
the Clerk of the Circuit Court of Miami-Dade County, as required by Section 163.01(11),
Florida Statutes.
Section 20. Joint Effort. The preparation of this Interlocal Agreement has been
a joint effort of the Parties hereto and the resulting document shall not, solely as a
matter of judicial construction, be construed more severely against one of the Parties
than the other.
Section 21. Merger. This Interlocal Agreement incorporates and includes all
prior negotiations, correspondence, agreements or understandings applicable to the
matters contained herein; and the Parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Interlocal
Agreement that are not contained in this document. Accordingly, the Parties agree that
no deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written It is further agreed that no change, amendment,
alteration or modification in the temis and conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of equal
dignity herewith by all Parties to this Interlocal Agreement.
Section 22. Assignment. The respective obligations of the Parties set forth in
this Interlocal Agreement shall not be assigned, in whole or in part, without the written
consent of the other Parties hereto.
Section 23. Records. The Parties shall each maintain their own respective
records and documents associated with this Interlocal Agreement in accordance with
the requirements for records retention set forth in Chapter 119, Florida Statutes.
Section 24. Governing Law and Venue. This Interlocal Agreement shall be
governed, construed and controlled according to the laws of the State of Florida. Venue
for any claim, objection or dispute arising out of the terms of this Interlocal Agreement
shall be proper exclusively in Miami-Dade County, Florida.
Section 25. Severability. In the event a portion of this Interlocal Agreement is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective.
Section 26. Third Party Beneficiaries. This Interlocal Agreement is solely for the
benefit of the Parties and no right or cause of action shall accrue upon or by reason, to
or for the benefit of any third party not a formal party to this Agreement. Nothing in the
Agreement expressed or implied is intended or shall be construed to confer upon any
person or corporation other than the Parties any right, remedy, or claims under or by
reason of this Interlocal Agreement or any of the provisions or conditions of this
Agreement; and all of the provisions, representations, covenants, and conditions
contained in this Agreement shall inure to the sole benefit of and shall be binding upon
the Parties.
7
Book28217/Page318 CFN#20120550022 Page 7 of 22
•
Section 27. Effective Date. This Interlocal Agreement shall become effective
upon the execution by the Parties hereto and recordation in the public records of the
applicable county.
[Remainder of page intentionally left blank.]
8
Book28217/Page319 CFN#20120550022 Page 8 of 22
• •
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement on this 1 ,4t bay of SUIT , 2012.
e,F Cu 7.4k
®i !.CORPOR ®1
ATTEST: 2005 TOWN OF CUTLER BAY,a municipal
corporation of the State of Florida
R\®
BY: —4•1 BY:
Town erk Town anager
(Affix Town Seal)
Approved by Town Attorney
as to form and legal sufficiency
Town Attorney
9
Book28217/Page320 CFN#20120550022 Page 9 of 22
•
Section 16. Indemnification. The Parties agree that the TPA for the District
shall always indemnify and hold harmless the Parties and the District. The Parties
understand and acknowledge that the indemnification provisions included in Section 11
"Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to.all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier(such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to Cutler Bay: Town Manager
Town of Cutler Bay
10720 Caribbean Boulevard, Suite 105
Town of Cutler Bay, Florida 33189
With a Copy to: Weiss Serota Heitman
Pastoriza Cole&Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
•
6
Book28217/Page321 CFN#20120550022 Page 10 of 22
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement on • z) day of ?K ,2012.
(/-6, F CUr,
;\,CORppop1TEO
2005
ATTEST: TOWN OF CUTLER BAY, a municipal
corporation of the State of Florida
14%Z4RION
el l:
BY: BY: 4
Town rk Town Manager
(Affix Town Seal)
Approved by Town Attorney
as to form and legal sufficiency --
Town Attorney
ATTEST: VILLAGE OF PINECREST,a municipal
corporation of the State of Flo
BY: BY:
Gui•• In• anzo,Jr., CMC ocely '=no G• z, ' MA-CM
age Cl=' Village Manager
(Affix o m al)
Approved by Teem Attorney / ,
as to form and legal sufficiency L./� .r
7F1- Attorney
9
Book28217/Page322 CFN#20120550022 Page 11 of 22
' e •
"Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier(such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to Cutler Bay: Town Manager
Town of Cutler Bay
10720 Caribbean Boulevard, Suite 105
Town of Cutler Bay, Florida 33189
•
With a Copy to: Weiss Serota Hellman
Pastoriza Cole &Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134
J;k1b.w (hewn&r,/ll/611 of of' t i.e cres}
k214 C. p i�.aticrec} 4'a-,r 4..+
&Acres\ I +l. V31 Ste
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
Section 19. Filing. It is agreed that this Interlocal Agreement shall be filed with
the Clerk of the Circuit Court of Miami-Dade County, as required by Section 163.01(11),
Florida Statutes.
6
Book28217/Page323 CFN#20120550022 Page 12 of 22
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement on t ' day of 5 aA ,2012.
tea ` 9�
I. ',3ORPORATED
2005
ATTEST: OWN OF CUTLER BAY,a municipal
rporation of the State of Florida
�ORIDP
BY: k_„").•I BY: '�-
Town erk Town er
(Affix Town Seal)
•
Approved by Town Attorney / -
as to form and legal sufficiency
Town Attorney
ATTEST: CITY OF SOUTH MIAMI,a municipal
corporation of the State of Florida
BY: , BY. Aokedi Iv
ty Clerk / ( 'ity
(Affix Town Seal)
Approved by City Attorney
1
as to form and legal sufficiency c44,1„
City Attorne/ /
•
9 •
Book28217/Page324 CFN#20120550022 Page 13 of 22
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Section 16. Indemnification. The Parties agree that the TPA for the District
shall always indemnify and hold harmless the Parties and the District. The Parties
understand and acknowledge that the indemnification provisions included in Section 11
'Indemnification'of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier(such as Federal Express), or it must be given by written certified U.S. mail,with
return receipt requested, addressed to the Party for whom it is intended; at the'place
specified. For the present, the Parties designate the following as the respective places
for notice purposes: V V
If to Cutler Bay: Town Manager . V
•
Town of Cutler Bay
• 10720 Caribbean Boulevard, Suite 105
•
Town of Cutler Bay, Florida 33189 V
With a Copy to: V Weiss Serota Helfman
Pastoriza Cole&Boniske, P.L,
2525 Ponce de Leon Boulevard .
Suite 700
Coral Gables,VFlorida-33134
et 7, "046.git
G,rrj Pl& fo✓ry hiih.m
k 3a rart.er 404. V
_5'o0-# /' *M/, tee- 33/ '3
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
6
Book28217/Page325 CFN#20120550022 Page 14 of 22
ti ti . .
IN WITNESS WHEREOF the veto have made and executed this
Interlocal Agreement on this y of ,2012.
ATTEST: VILLAGE OF PALMETTO BAY, a municipal
corporation of the of Fb
B • /;L>..�i(� / • ' BY: 1 /, L/`
0,ge Clerk Village - 1"
(Affix Village Seal)
Approv -7 mey
as to
fv, ., ,ST! �.ncy: � -
4 I i (ya9e itomey
9
Book28217/Page326 CFN#20120550022 Page 15 of 22
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier(such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to Cutler Bay: Town Manager
Town of Cutler Bay
10720 Caribbean Boulevard, Suite 105
Town of Cutler Bay, Florida 33189
With a Copy to: Weiss Serota Hellman
Pastoriza Cole&Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134
v/i4-4 4 r--
1/itc A. a,- Al.fruriV iys
!7 o S E. hi di5Gds sr
P4LA477?) 441, fig. 77/c?
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
Section 19. Filing. It is agreed that this Interlace!Agreement shall be filed with
the Clerk of the Circuit Court of Miami-Dade County, as required by Section 163.01(11),
Florida Statutes.
Section 20. Joint Effort. The preparation of this Interlocal Agreement has been
a joint effort of the Parties hereto and the resulting document shall not, solely as a
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Book28217/Page327 CFN#20120550022 Page 16 of 22
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IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal
Agreement on this 3a day of 7vi-y , 2012.
ATTEST: MIAMI SHORES VILLAGE,a municipal
corporation of the State of Florida
Ic;, BY: a 4/..% au/ BY:
r Village Clerk Village Manager
,......., ~•
'-r ix Village Seal)
10
Book28217/Page328 CFN#20120550022 Page 17 of 22
' •r I- ,
Section 16. Indemnification. The Parties agree that the TPA for the District
shall always indemnify and hold harmless the Parties and the District. The Parties
understand and acknowledge that the indemnification provisions included in Section 11
"Indemnification"of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier{such as Federal Express), or it must be given by written certified U.S. mail,with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to Cutler Bay: Town Manager
Town of Cutler Bay
10720 Caribbean Boulevard, Suite 105
Town of Cutler Bay, Florida 33189
With a Copy to: Weiss Serota Helfman
Pastoriza Cole& Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134
If to Miami Shores Village: Village Manager
Miami Shores Village
10050 N.E. 2nd Avenue
Miami Shores, FL 33138
With a Copy to: Richard Sarafan, Esquire
Genovese Joblove &Batista
100 S.E. Second Street, 44th Floor
Miami, FL 33131
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
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Book28217/Page329 CFN#20120550022 Page 18 of 22
•
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement on this Z day of A...gka , 2012.
//1 •J;
;ATTEST:. '� . CITY OF MIAMI,a municipal
corporation of the State of Florida
Est B i ' h
City Clerk=Pd16c,llw A• cam?son ri,: ager
Affix City Seal)
Approved by City Attorney
as to form and legal sufficiency ' /7
City Attorney
9
Book28217/Page330 CFN#20120550022 Page 19 of 22
Section 16. Indemnification. The Parties agree that the TPA for the District
shall always indemnify and hold harmless the Parties and the District. The Parties
understand and acknowledge that the Indemnification provisions Included in Section 11
"Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given If sent by hand delivery, recognized overnight
courier(such as Federal Express), or it must be given by written certified.U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
if to City of Miami: Johnny Martinez
City Manager
City of Miami
3500 Pan American Dr.D
Miami, Florida 33133
With a Copy to: Julie O. Bru
Office of the City Attorney
444 SW 2nd Avenue, Suite 952
Miami, Florida 33130
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained In a
written document executed by the Parties hereto and the District.
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Book28217/Page331 CFN#20120550022 Page 20 of 22
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IN WITNESS WHEREOF the Parties hereto have made and executed this
Interlocal Agreement on this TIlay of J..(1 • , 2012.
The City's execution of this Agreement is subject to Resolution 2012405, which establishes the
properties within Coral Gables that may participate in the District. A copy of the Resolution is
attached hereto,and incorporated herein.
ATTEST: CITY OF CORAL GABLES,a municipal
corporation of the State of Florida
BY. t' 4;P ' • .ti p BY: /7 1j
""ity Clerk ; • . i City Manager
"'ow Seat} '
Approved by City Attorney
as to form and legal sufficiency
City Attorney
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Book28217/Page332 CFN#20120550022 Page 21 of 22
" f,. , OR BK 28217 PG 0333
LAST PAGE
Section 16. Indemnification. The Parties agree that the TPA for the District
shall always indemnify and hold harmless the Parties and the District. The Parties
understand and acknowledge that the indemnification provisions included in Section 11
"Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
•
courier (such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to Cutler Bay: Town Manager
Town of Cutler Bay
10720 Caribbean Boulevard, Suite 105 •
Town of Cutler Bay, Florida 33189
With a Copy to: Weiss Serota Helfman
Pastoriza Cole &Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134
If to Coral Gables City Manager
City of Coral Gables
405 Biltmore Way
Coral Gables, Florida 33134
With a Copy To: City Attorney
City of Coral Gables
405 Biltmore Way
Coral Gables, Florida 33134
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
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Book28217/Page333 CFN#20120550022 Page 22 of 22