61 RESOLUTION NO. ______ _
2
3 A Resolution of the City of South Miami ("City") directing the City
4 Manager and City Attorney to take action against Ygrene Florida
5 Energy Fund, LLC (the "Ygrene") for the unauthorized use of the
6 City's seal.
7
8 WHEREAS, Section 13-31 of the City's Code of Ordinances provides that:
9
10 "All persons are hereby prohibited from using the name, logo or the official
11 seal of the City of South Miami, whether directly or indirectly, expressly or
12 impliedly, for any purpose, without the prior written consent of the city; and
13
14 WHEREAS, Section 13-31 (a) of the City's Code of Ordinances provides that:
15
16 " ... the word "use" is intended to and shall mean the express or implied
17 appropriation and publication, whether orally or in writing, printed or in electronic
18 media or in any other means of communication, of ... a depiction of the official
19 seal or logo of the city, in a way that expressly or impliedly creates the perception
20 that the city, or some department thereof, is involved in, or supports in any way, a
21 person or organization in any pursuit, activity, or thing of any kind whatsoever,
22 including but not limited to causes or events"; and
23
'4 WHEREAS, Section 13-31 (d) of the City's Code of Ordinances provides that:
25
26 " ... In the event that a person uses the city's name, logo or official seal
27 without the city's consent, the city shall have the right to an injunction to prevent
28 future use as well as damages for the unauthorized use of the city's name in an
29 amount as set forth in subsection (c) in this section"; and
30
31 WHEREAS, Section 13-31 (c) of the City's Code of Ordinances provides that:
32
33 "If any person uses the city's name ... or official seal without the written
34 consent of the city and if the city should thereafter ratify the use by resolution ... ,
35 the person who uses the city's name ... or official seal ... shall pay to the city an
36 amount equal to twenty-five (25) percent of the funds due or payable ... and in an
37 amount equal to twenty-five (25) percent of the value of the property ... received
38 .... The person who used the city's name ... and who fails to pay the city for the
39 use of the city's name, logo or official seal, shall be jointly and severally liable to
40 the city in damages for the amount set forth in this section to be paid to the city
41 for the unauthorized use .... "; and
42
43 WHEREAS, at the City Commission Meeting of October 15th , 2013, it was stated
44 by the City Manger and the Mayor that they had not approved of the Ygrene mailer that
45 went to the residents with the City of South Miami seal; and
'I)
Page 1 of2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
").4
25
26
27
28
29
30
31
32
33
34
35
36
37
WHEREAS, the Ygrene materials were not approved by the Commission and
therefore constituted unauthorized use of the City's seal.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Manager and City Attorney are hereby directed to take
action against Ygrene Florida Energy Fund, LLC (the "Ygrene") for the unauthorized
use of the City's seal or, in lieu of other action, Ygrene shall pay for the cost of mailing
the attached disClaimer letter which is to be sent from the City of South Miami to the
South Miami residential property owners. In the latter case, the City Clerk shall transmit
the attached letter to said property owners after being advanced a deposit of
______ from Ygrene Florida Energy Fund, LLC.
Section 2. Severability. If any section clause, sentence, or phrase of this
resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, the holding shall not affect the validity of the remaining portions of this
resolution.
Section 3. Effective Date. This resolution shall become effective immediately
upon adoption by vote of the City Commission.
PASSED AND ADOPTED this __ day of _____ , 2013.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 2 of2
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
To All Residents of South Miami
Please be advised that the City of South Miami did not approve
of the use of its name in literature promoting the financing of
green technology through Y grene Florida Energy Fund, LLC,
("Y grene") Any and all flyers, brochures, or other literature that
you may have received from Y grene using the City of South
Miami's name contain representations made by Y grene and they
are not the representation or sentiments of the City of South
Miami.
While this commission supports and encourages the residents of
South Miami to utilize technologies such as Solar Panels and
Solar Water Heaters etc., at this time we do not believe the
Y grene program is a financially sound financing option for
residential.
Aside from the unattractive interest rates that are being charged,
there are two other serious concerns. Y grene does not
adequately vet their contractors for quality or price charged.
Borrowers could face serious consequences with their home
mortgage companies and find that they may have difficulties
selling their home to other than a cash buyer in the future.
South Mi'4mi'
2001
&t{y [!/JOutiv J/t2cuw;
6130 Sunset Drive, South Miami, FL 33143
"~~j,": .>
,-,,," '
-:P~rii~d; .. l;s~p.~~tre "':i>ai;r~:
,MliIiii!iJ;!i ; ~~2701
,
.;-:
ctean,linergyGrpefr Comdor
3390 Mary:Sfre!lt.Sulte' 124
M1atnl; FL 33133
. Phona: (305);S69~Ooi5
Fax::(;3QS) 569-0014
Gre.eriCotrldor@ygrene.us.
·Wlfffl;C.lojlnE!19m.¥G~"pCorl'ldoi',(:j)m
Th~iflilancI6g!oftereq~I:>Y '¢1~a6,E~~~t~t~~Jl(~prrJ~p,,:ciih: ~~(\.l5e4,f.grclJ1i:!nY1Jyp.~~'Qfi homeilmprovement·
~r6J~¢ts;i@l)~ii1~[frOm\HurrJc~ne·~I;9:taG.f!9f1·:tq(~f\~tQW§ffl:gf~i)·G;I'~licj1rene.wable:\EliJet$y'.n1'easures~;·ihC;iudlngl.:
··~;Wf\t~jttf~~tet;s~/
.~ 1t&1l1)t:?unf"'sr. ..6~i.e!,6~,~ns'u,atiq·n
, cJgni i i1gj .
arrif;i1iO'dfi\m.dt~
You get t()clio()~sa.your oWncoht)'actorand mcik~ tM 'mprbvements:yoU;.want The prbject:costis repaitfonyour
property tax-oill,6verextEmdedperiodsofup tQ2();y,~arSi aI/owing for a 10'Nii:nihuaH>ayment
We hope youwilftcike advantage of this OJ:Ipditw:)ity by 901(1g to Www.CleanEnergYGreenCbrridor.comandgetting
started'onYQur home improvement prbJefttodciy;
Our local team,
Dr. Philip Stoddard Joe Spector
Mayor; City of South Miami VP of Operations, Ygrene Energy Fund Florida
P.S. Apply before October 7th using the promotional code SOUTHMIAMIUPGRADE to waive the $50 application fee.
Visit the Ygrene Energy Center in person at 3390 Mary street, Suite 124 in Coconut Grove to find out more.
www.ygr~nQ.U$
~.
~.
lh
M.J
rt'I
~ ......
~.
co
0-
..:r
lJ1 .....
M.J
o ...
3390 MARY STREET -SUITE 124
COCONUT GROVE
www.CleanEnergyGreenCorridor.com
Phone: (305) 569-0015
South Dade Matters
About
.... ~ "
. ;
,/: j
;
Looking,at the World South of Miami: Palmetto Bay, C~~ler Bay, Pinecrr~t~.South Miami and Miami-Dade
County. . '. . i '..:"
Former Councilman Feller to Municipalities: Wake Upl .. . ~.
bySDM
Former Palmetto Say Councilman, Dr. Ed Feller authors in the Palmetto Bay News (October 18-31) a
compelling argument again~ the South Dade Green'Corridor District. This special taxing district is
advertised as offering a financing opportunity to install energy savings devices on commercial and
residential properties.
"":.1';,..-
Among the prqbJems according t~ Dr. Feller's analysis:
I1llegallss~es related to the priority of the special taxing district's lien against the commercial or
residential property;
!?lHigh interest rate and financing restrictions;
-." ...... ". 'I
IlIA troubling bid process that leaves Palmetto Bay virtually no option but to contract with a company
called Ygrene Florida -a company with no assets or track record;
Il1A lack of insurance on the energy savings expected to be realized; and
!!1The lack of relevant qualmcations for the district's board of directors.
SDM did a little research on Ygrene, a limited liability company, and found that its "Manager" is Lykes
Brothers, Inc., which is a large family-owned concern out of Tampa. Lykes and Ygrene share the same
CEO: Howell L. Ferguson, a scion of the Lykes family. Lykes touts itself as an environmentally conscious
company, but others consider it an environmental despoiler.
In a recent column in News-Press.com (covering Lee and Collier Counties), environmentalist Ellen
Peterson excoriates the head of Florida Audubon for supporting Lykes Brothers' It ••• conversion of
Nicodemus Slough into a shallow holding tank for industrial-strength polluted water from Lake
Okeechobee ... " and " ... placement of dams in Fisheating Creek, formerly the last unimpeded waterway in
South Florida."
.. -_ .. _._-_ .... _-_ .. ----
/
SDM prides itself on not stooping to ad hominem argum:nts, so to be clear: SDM doesn't know jf lykes
Brothers is a "good" or ubad" company with regard to erwironmental issues. The problem is neither
does Palmetto Bay or Cutler Bay.
. " ;;
I I: t
OUr:~o,C?~_leaders, afs9 don't know if Ygrene will be backed up by Lykes Brothers. In fact, our leaders
don't' s~~r:n to uriderstand much about this deal, excePf.,that it sounds r~,d and that it's "green."
. . . 1 ' -, \
'.
Village leaders take note: the "green" Lykes usually likes is the green found on money, regardless of the
true environmental cost. Palmetto Bay and Cutler Bay would do well to heed Dr. Feller's wake-up call .
..
\ -
.......... " ...
.. ".-
----.. _------.. _-_ .. _-_ ... __ ._--_. __ .-------_._--_._-._--------_._-------------
Breaking News: PACE Dies in the Ninth
Circuit
The West Coast PACE litigation party appears to have ended. After favorable rulings from the
California Northern District Court for PACE backers, the Ninth Circuit today dismissed the case
outright.
As background, Property Assessed Clean Energy (PACE) programs allow municipal
governments to finance residential and commercial energy improvements, with property owners
repaying the governments via property tax assessments. The program was just taking off in states
across the country when in 2010 the Federal Housing Finance Agency (FHFA) decided to stop
insuring residential mortgages on properties with PACE assessments (commercial properties
were unaffected).
Lots of lawsuits were filed, but the West Coast version went the farthest. Judge Claudia Wilken
ordered FHFA in 2012 to begin a rule-making process to justify the agency's action, although
she allowed the present policy to stay in place (Jayni wrote about Berkeley Law's comments
submitted in this process).
Today the Ninth Circuit ruled that the courts have no jurisdiction to interfere with FHFA's
decision because the agency acted as a "conservator" of Fannie and Freddie, rather than as a
regulator. The conservator role has been well established in the context of the FDIC and private
banks, but not for FHF A and Freddie and Frannie, which are government-sponsored entities.
Plaintiffs had argued that 1) FHF A never invoked the "conservator" role when they issued the
original 2010 policy directives and that 2) the agency's PACE policy involved substantive
regulations not fit for the more limited statutory powers of a conservator. The court disagreed,
finding that the policy was meant to shield taxpayers from liability over losses from foreclosed
homes: in the event of a foreclosure, municipal governments would get paid back on their PACE
assessments before Fannie and Freddie.
This ruling has the unfortunate outcome of hindering an important municipal financing program
for residential properties that will benefit the environment and economy (reduced utility bills and
residential constructionlretrofitjobs). And the scope of the conservator role, as the ninth circuit
has now defined it (and as the Second and Eleventh Circuits also ruled in their P ACE cases),
allows FHF A to make almost any decision it wants without public input or judicial review, as
long as FHF A can document that the policy saves the agency money and therefore fits its role as
a "conservator."
The immediate question for PACE backers will be whether of not FHF A continues its rule-
making process that began in 2012 in response to the now-dismissed lawsuit. Legally, it can now
abandon that effort, but it may be more difficult politically to do so. Otherwise, PACE backers
will either have to hope for congressional action to overturn the FHF A policy or for the Obama
Administration to make a change at FHF A. Either option would be welcome, given this decision
today.
CLEAN ENERGY~
GREEN CORRIDOR
BYYGRENE
CLEAN ENERGY GREEN CORRIDOR
PROGRAM GUIDELINES
CLEAN ENERGY GREEN CORRIDOR
www.flgreencorridor.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; Approval or Denial;
Application Fee" below).
c. Agree to the Program Terms and pay an application fee (see Appendix II) as part of the
application process.
d. The Administrator must approve the completed application
e. If there is an existing mortgage on the property, at least 30 days before entering into 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.
The Program administrator will supply the property owner with the necessary documents.
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").
CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
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.
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
(see Appendix III).
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. In the case of renewable energy and energy efficiency retrofits, the property owner must agree to
provide the Certified Contractor or an energy auditor with access to the property's utility usage
history and information to enable the Program to analyze energy savings.
d. 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 and not have more
than one late mortgage payment on the property for the preceding 3 years or the property
owner's period of ownership, whichever is less. Property owner must not have any notices of
bankruptcy for the past three years.
e. The total debt of the property, including (i) mortgages and equity lines of credit, secured by the
property, and (ii) the aggregate principal amount of any fixed assessment liens on the property
must not exceed 85% of the fair market value of the property.
f. For energy efficiency and renewable energy measures, the property owner must submit an
energy analysis of the property along with the Certified Contractor's formal bid. An energy
analysis of the property is not required for wind resistance improvements.
g. It is critical to the health of the Program that property owners pay their special assessments and
other property-related obligations in full on a timely basis. Consequently, the District reserves the
right, in its sole discretion, to request supplemental information from owners and to deny
applications based on any negative reports.
2
CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
4. Initial 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, either submitted online or printed and signed, 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, applicants must obtain Lender Notification forms, available
either on-line or from the Administrator, and submit them to their lender(s). Property owners will
be required to provide to the Administrator a Proof of Mailing for Lender Notification forms. This
process can actually be done by the property owner before applying; however, this is left to the
discretion of the property owner.
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 equal to the lesser of (i) the
amount which when added to existing debt secured by the property does not exceed 95% of the
fair market value of the property, or (ii) the final cost of installing the Qualifying Improvements
(including allowable fees). Maximum principal amount of the financing is set at 20% of the just
value of the property as determined by the county property appraiser. For proposed energy
related, commercial projects, the Certified Contractor must submit evidence that the project
provides either an SIR of one or greater or a Benefits-to-Cost Ratio (BCR) of one or greater.
This BCR value means that the financial benefits of the improvement; including energy savings,
reductions in repairs and maintenance expenditures, and reductions in insurance premiums;
equal or exceed the Marginal Cost of the system. The Marginal Cost is defined as the difference
3
CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
between the cost of the improvement and a non-efficient alternative. The funding limits are per
property per financing request. The Program will not provide financing for any costs in excess of
the maximum amounts allowed under FL law.
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 to apply for 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. Even if the project requires using more than one trade for various
aspects of the work (Le. -retrofit and solar), applicants must select a lead contractor to process
the project. If independent project approvals are being requested by more than one Certified
Contractor, multiple applications will be required.
d. Upon review of the proposed project and the bid(s) submitted for the work, the Administrator will
issue either a Project Approval Letter or a Project Denial Letter. This communication will be
provided by email unless directed otherwise by the applicant.
e. 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
recorded prior to commencement of construction.
f. Once the Financing Agreement is recorded, applicants will receive a Notice to Proceed. Upon
receipt of this notice, applicants can sign construction contracts and 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.
g. If the project is denied, the Project Denial Letter will outline remedial action that may be available
to the applicant.
4
CLEAN ENERGY GREEN CORRIDOR PROGRAM GUIDELINES
7. Funding
a. Once the Certified Contractor has completed installation of the Qualifying Improvements,
property owners must submit a funding request and the project verification documents. Contact
the Administrator for a complete list of required forms and agreements.
b. If the funding request is not submitted to the Administrator within 7 calendar days after
transmittal of the final Program forms, 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 checks, the property owner must
approve and sign the final 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
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.
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 a pre-determined time period on the date of signing of
the Finance Agreement. . This rate may be subject to change if project is not funded within this
period. Property owners can monitor interest rates on the Program website or by contacting 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 and the placement of the assessment on the tax roll.
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. 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. For this reason,
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 AmbJent 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 prqtections.
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
Application Fee
Processing & Underwriting Fee
Jurisdiction Cost Recovery Fee
Recording & Disbursement Fee
Escrow/Trustee Fee
Title Insurance Fee
Energy Pro Fee (Wind Excluded)
COMIViERCIAL
. 250
250
See Table
250
90
TBD
See Table1
1CostlBenefit or SIR must be greater
than or equal to 1.
Application Fee
Processing & Underwriting Fee
Jurisdiction Cost Recovery Fee
Recording & Disbursement Fee
Escrow/Trustee Fee
Title Insurance Fee
Energy Pro Fee (Wind Excluded)
RESIDENTIAL
50
125
See Table
100
90
TBD
502
2Audit for informational purposes only
RESIDENTIAL
COMMERCIAL
JURISDICTION COST RECOVERY FEE3
Project Size Fee
< $62,500 125
2: $62,500 75 + (.0008 x Project Size)
< $250,000 225
2: $250,000 75 + (.0008 x Project Size)
375 allocated for District cost recovery, remainder for
Bond Counsel
ENERGY PRO -COMMERCIAL PROJECTS
Project Size Fee
:::; $100,000 450
$100,001 -$200,000 600
$200,001 -$300,000 750
2: $300,001 + 900
11
CLEAN ENERGY GREEN CORRIDOR
Coral Gables
Miami
Cutler Bay
Miami Shores
Palmetto Bay
Pinecrest
South Miami
APPENDIX III
PROPERTY ELIGIBILITY GUIDELINES
Industrial
•
•
•
•
• · .
•
Commercial
•
•
•
•
•
•
•
Multi-Family
Residential
NOT ELIGIBLE
•
•
•
•
•
•
PROGRAM GUIDELINES
Single-Family
Residential
NOT ELIGIBLE
NOT ELIGIBLE
•
•
•
•
•
12