|
of any conflict between the .Interlocal Agreement and this Membership Agreement, this
<br /> Membership Agreement shall control the rights and obligations of the City.
<br /> Section 10. Responsibilities of the Green Corridor; Indemnification. The Green
<br /> Corridor shall be solely responsible for all matters associated with origination, funding, financing
<br /> and administration of each of the Green Corridor's authorized non-ad valorem assessments,
<br /> including responding to any complaints or inquiries by participants,tax certificate holders, lenders
<br /> or others relating to the Program's special assessments, the Program's financing agreements, the
<br /> Program's qualifying improvements, or any other aspect of the Program. The Parties understand
<br /> that indemnification of the Green Corridor members is provided for in Section 16 of the Interlocal
<br /> Agreement, and that such provisions shall apply to the City. In addition to the indemnification
<br /> provided pursuant to the Interlocal Agreement, the Green Corridor will directly indemnify and
<br /> hold harmless the City, its respective officers, agents and employees, from and against any and all
<br /> demands, claims, losses, suits, liabilities, causes of action,judgment or damages, arising out of,
<br /> related to, or in any way connected with performance or nonperformance by the Green Corridor,
<br /> its officers, contractors and agents for all matters associated with origination, funding, financing
<br /> and administration of each of the Green Corridor's authorized non-ad valorem assessments,
<br /> including responding to any complaints or inquiries by participants,tax certificate holders, lenders
<br /> or others relating to the Program's special assessments, the Program's financing agreements, the
<br /> Program's qualifying improvements, or any other aspect of the Program. This grant of
<br /> indemnification shall not be deemed or treated as a waiver by the Green Corridor of any immunity
<br /> to which it is entitled by law, including butnot limited to the District's sovereign immunity as set 1,
<br /> forth in Section 768.28, Florida Statutes. This Section shall survive termination of this Agreement.
<br /> Section 11. Agreements with Tax Collector, Property Appraiser and
<br /> Municipalities. The Green Corridor acknowledges. that the City has no authority to bind the
<br /> County Tax Collector and the County Property Appraiser, and the Green Corridor will be required
<br /> to enter into separate agreement(s) with the County Tax Collector and/or the County Property
<br /> Appraiser, which shall establish the fees (if any) to be charged by the Tax Collector and Property
<br /> Appraiser for the collection or handling of the Program's special assessments.
<br /> Section 12. Resale or Refinancing of a Property. The Green Corridor recognizes that
<br /> •
<br /> some lenders may require full repayment of the Program's special assessments upon resale or
<br /> refinancing of a property subject to the Program's special assessments.The Green Corridor agrees
<br /> to provide written disclosure of this matter to all City property owners that may utilize the Program.
<br /> Section 13. Term. This Membership Agreement shall remain in full force and effect
<br /> from the date of its execution by both Parties. Any Party may terminate this Membership
<br /> Agreement upon sixty(60)days prior written notice. Notwithstanding such termination,however,
<br /> property owners whose applications were approved prior to the termination date,and who received
<br /> funding through the PACE Program, shall continue to be a part of the Green Corridor, for the sole
<br /> purpose of paying their outstanding assessment payments, until such time that all outstanding
<br /> assessment payments have been satisfied. _
<br /> Section 14. _ Consent. This Membership Agreement and any required resolution or
<br /> ordinance of an individual- Party shall be considered the City's consent to joining the Green
<br /> Corridor and participation therein, as required by Section 163.08, Florida Statutes.
<br /> Section 15. Voting Rights. The Parties agree that the City shall be a non-voting
<br /> member of the Green Corridor for the term of this Membership Agreement.
<br /> Page3of6
<br /> Membership Agreement—Green Corridor Property Assessment Clean Energy(PACE)District
<br />
|