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Ordinance 2018-533
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Ordinance 2018-533
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Last modified
11/19/2018 4:37:26 PM
Creation date
11/19/2018 3:01:49 PM
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CityClerk-Ordinances
Ordinance Number
2018-533
Date (mm/dd/yyyy)
11/15/2018
Description
Create Chap 251 City Code Entitled “Property Assessed Clean Energy (PACE) Program”
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. (10) . PACE Financing Agreement. The PACE Local Government shall enterinto a <br /> voluntary written agreement with each Eligible Participant which shall include, <br /> at a minimum, the following: <br /> (a) The full legal description of the Property subject to the PACE Assessment. <br /> (b) The amount of funding to be provided to the Eligible Participant. <br /> (c) Statement of express voluntary consent by the Eligible Participant to accept <br /> the non-ad valorem assessment collection process, set forth in Section <br /> 197.3632, Florida Statutes. <br /> (d) The length of time for the Eligible Participant to repay the non-ad valorem <br /> assessment, which shall not exceed 30 years. <br /> (e) Statement that the Eligible Participant is responsible for assuring the <br /> Qualifying Improvements are completed as reflected in the approved <br /> application documents; consent by the Eligible Participant to providing the <br /> PACE Local Government with access to the Property to verify that the <br /> Qualifying Improvements have been completed as proposed in the <br /> application. <br /> (f) Statement that at the time of a transfer of Property ownership (except a <br /> transfer resulting from foreclosure), the past due balances of any non-ad <br /> valorem assessment may be due for payment, but future payments may <br /> continue as a lien on the Property, if the buyer and the mortgagor, if any, <br /> agree. <br /> (g) Statement that at or before the execution of a contract for the sale and <br /> purchase of any Property for which a non-ad valorem assessment for the <br /> PACE Program has been levied and any unpaid financed-balance-is due, <br /> the-seller must-give-the prospective purchaser a Notice of the lien. <br /> (h) In bold face caps, in a font larger than the rest of the Agreement, a statement <br /> of the risks associated with participating in the PACE Program, including <br /> risks related to the failure of the Eligible Participant to.make payments, the <br /> risk that they may not be able to refinance the home or sell the home unless <br /> the PACE Assessment is paid off in full first, and the risk of issuance of a <br /> tax certificate and loss of the Property pursuant to Chapter 197, Florida <br /> Statutes. <br /> (i) Description of the Qualifying Improvements and their cost. <br /> (j) Notice of the non-ad valorem assessment shall be recorded in the public <br /> records for the Property. <br /> (k) In bold face caps, in a font larger than the rest of the Agreement, a statement <br /> of the interest rate to be charged, including points, as well as any and all fees <br /> or penalties that may be separately charged to the Eligible Participant, <br /> including potential late fees. The subsequent charging or collecting of any <br /> additional fees that were not specifically disclosed in the written agreement <br /> with the property owner is prohibited. <br /> Page 8 of 17 <br />
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