Backup Documents 06/11/2019 Item # 9B 9B
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS .jx'� .
To: Clerk to the Board: Please place the following as a: •r)t \�
XXX Normal legal Advertisement ❑ Other:
(Display Adv., location,etc.)
Originating Dept/Div County Attorney Person: Jeffrey A. Klatzkow,County Attorney Date: May 28,2019
Petition No.(If none,give brief description): PACE Ordinance
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.)June 11,2019(ad to run no later than
FRIDAY,May 31,2019)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text:(Include legal description&common location& Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING
THE COLLIER COUNTY PROPERTY ASSESSED CLEAN ENERGY (PACE) CONSUMER PROTECTION
ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any&proposed hearing date: N/A
Does Petitian F•e include advertising cost?❑ Yes XXX No If Yes,what account should be charged for advertising costs:
PO#4500190373
Revieweai a i -
��V'r1 c )
,]u...Ai
Division ,Via'ni "'.tor or Designee Date
1
List Attach •nts: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
0 County Manager agenda file: to ❑Requesting Division ❑Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE 0 l Y: 1 1 6 L
Date Received: I 1Date of Public hearing: O/ U 1 Date Advertised: ' )
9B
ORDINANCE NO.2019-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ADOPTING THE COLLIER COUNTY
PROPERTY ASSESSED CLEAN ENERGY (PACE) CONSUMER
PROTECTION ORDINANCE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, individual residents of Collier County may wish to improve energy
efficiency,install energy improvements or retrofits,wind resistance/wind hardening measures,and
improve water conservation for residential,commercial or industrial properties; and
WHEREAS, one way to facilitate such improvements to real property is through a
Property Assessment Clean Energy(PACE)financing program pursuant to Section 163.08,Florida
Statutes;and
WHEREAS, a PACE financing program is a financing structure by which commercial or
residential property owners may voluntarily opt into a special assessment district to receive a loan
to finance energy improvements and retrofits, where those loans are repaid through an annual
assessment on the property owner's property tax bill;and
WHEREAS, by Resolution No. 2017-130, the Board (1) approved the establishment of a
PACE program within the unincorporated area of Collier County for residential, commercial and
industrial properties; and (2) approved a standard form membership agreement which would
among other things authorize a PACE provider to operate a PACE program within Collier County;
and
WHEREAS, a number of PACE providers have entered into the standard membership
agreement and are operating a PACE program within Collier County; and
WHEREAS, it has come to the Board's attention that potential abuses of the PACE
program have taken place, largely from PACE program contractors, which the Board wishes to
correct and address by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: Title and Intent
This Ordinance shall be known and cited as "The Collier County Property Assessed Clean
Energy (PACE) Consumer Protection Ordinance," and is intended to add requirements to the
provisions of Section 163.08,Florida Statutes,the Standard Membership Agreement and other
applicable law as it currently exists and should be construed consistently with the PACE Statute
and any such other applicable law. To the extent that the PACE Statute provides for additional
Page 1 of 6
9B
requirements not otherwise found in this Ordinance or applicable law, the provisions of the
PACE Statute must be met. To the extent that this Ordinance provides for more restrictive or
additional requirements not found in the PACE Statute, the Standard Membership
Agreement or any other applicable law,the provisions of this Ordinance shall apply.
SECTION TWO: Definitions
The following words, terms and phrases, when bolded and used in this Ordinance, shall
have the meanings set forth herein:
Board shall mean the Collier County Board of County Commissioners.
PACE Assessment shall mean the non-ad valorem assessment placed on a property owner's tax
bill as a result of financing obtained through a PACE Provider.
PACE Financing Agreement shall mean the agreement entered into between a property owner
and the PACE Provider or its administrator specifying the Qualifying Improvements to be
installed at the property and the terms and conditions for financing those improvements through
non-ad valorem assessments levied on the property.
PACE Provider shall mean an entity created pursuant to the PACE Statute that has entered
into a Standard Membership Agreement with the Board.
PACE Statute shall mean Section 163.08, Florida Statutes, as may be amended from time to
time.
Qualifying Improvements shall mean only those improvements defined by the PACE Statute.
Standard Membership Agreement shall mean the Board-approved standard form agreement
as described in Resolution 2017-130 and as entered into by the PACE Provider.
SECTION THREE: PACE Program Standards
At a minimum, PACE Providers shall comply with each of the following standards:
(1) Qualifying Improvements: PACE Providers shall finance, and contractors and owner-
builders shall construct or install, only Qualifying Improvements, which shall be properly
permitted and must comply with applicable Florida and local codes.
(2)Licensed Contractors: Any contractor constructing or installing a Qualifying Improvement
shall be properly licensed and insured.
(3) Contractor Pricing: PACE Providers shall have in place pricing rules and enforcement
mechanisms to ensure property owners are protected from excessive or unjustified prices and
charges.
Page 2 of 6
96
(4) Contractor Management. PACE Providers shall:
a. To the extent available,recruit and approve local licensed contractors;
b. Establish a "Code of Conduct" that sets standards for participating contractors
such as licensing, advertising and marketing, accurate representation of the
program, and consumer protections;
c. Train all PACE program contractors on the regulations related to the PACE
program and the Code of Conduct;
d. Require that all contractors hold necessary licenses and insurance;
e. Confirm contractor qualifications at least annually and as necessary based upon
consumer complaints or other indications of lack of compliance;
f. Provide a list of all PACE approved licensed contractors to perform the desired
installation of the qualified improvement to the property owner to ensure the most
competitive pricing;
g. Remove contractors from the PACE program who no longer meet program
criteria, have not met program requirements, or fail to resolve consumer
complaints;
h. Provide the property owner with an estimate of savings from the Qualifying
Improvements, where applicable, including a statement that actual savings will
depend on usage patterns, seasonal variation and weather,utility rates,trends and
product specifications, together with any available rebates or incentives
associated with the Qualifying Improvements, if applicable;
i. Coordinate with the contractor and electrical utility service provider to ensure the
qualified savings are recognized upon Certificate of Completion from the County
for the installation of solar photovoltaic systems;
j. Not process any PACE Assessment against the property owner until the
Qualifying Improvements on that property have received a Certificate of
Completion from the County; and
k. If requested, provide Spanish and Creole speaking customer service
representatives, as well as a translated copy of the documentation.
(5) Right to Cancel: A property owner may cancel a PACE Financing Agreement within 3
days of execution without cost or penalty.
(6)Notice to Property Owner: At least 5 business days prior to entering into a PACE Financing
Agreement, PACE Providers shall provide the property owner with a separate written notice
disclosing the following items:
a. The estimated total amount of the debt, including amount financed, fees, fixed
interest rate, capitalized interest and the effective rate of the interest charged
("Annual Percentage Rate" or "APR");
b. The estimated savings from the Qualifying Improvements, together with any
available rebates or incentives associated with the Qualifying Improvements;
c. The PACE Assessment will appear on the property owner's tax bill;
Page 3 of 6
9B
d. The PACE Assessment will be collected in the same manner as real estate taxes;
that failure to pay the PACE Assessment may cause a tax certificate to be issued
against the property; and that failure to pay may result in the loss of property
subject to the PACE Assessment, including homestead property, in the same
manner as failure to pay property taxes;
e. The installation of Qualifying Improvements may or may not affect the overall
market value of the Property;
f. The PACE Assessment may affect the sale or refinance of the Property;
g. The property owner may be required to pay any PACE Assessment in full at the
time of refinance or sale of the property;
h. The three-day right to cancel the PACE Financing Agreement without cost or
penalty; and
i. The notice shall be signed and dated by the property owner to acknowledge that
they understand these conditions.
J. A copy of all documents to be signed at the PACE Financing Agreement closing
must accompany the notice, and a copy of all documents signed by the
homeowner must be provided to the homeowner at the closing.
(7) Customer Service: PACE Providers shall provide a high level of customer service,
including:
a. Access to customer service representatives by email and phone during normal
business hours;
b. A transparent customer feedback and complaint process with quick response and
resolution by both the contractor and the PACE Provider;
c. All complaints and resolutions shall be logged, with the following information at
a minimum: date and time of complaint, customer and contractor information,
details of complaint, when and what actions were taken by both the PACE
Provider and the contractor, and final resolution; and
d. All disputes and complaints shall be investigated and resolved in a timely manner.
Reports of such disputes and complaints, the actions taken and how they were
resolved, or not resolved, shall be created,maintained and thereafter be treated as
Public Records and provided to anyone, including Collier County, upon request.
e. Upon the homeowner's request,and at no charge,provide a full accounting of the
PACE Financing Agreement, including the total interest and principle paid to
date, all fees paid to date, the outstanding balance left on the loan, and the total
interest payments left due on the loan, assuming no prepayment is made.
(8) Additional Program standards for residential properties: In addition to requirements set
forth in Section 163.08, Florida Statutes, PACE Providers that finance Qualifying
Improvements on residential properties within Collier County shall:
a. Verify that each prior mortgage or financing instrument holder has consented to any
proposed PACE Financing Agreement and PACE Assessment, or that the prior
mortgage or financing instrument holder or loan servicer has consented to escrow
0
Page 4 of 6
I _ _
9B
sufficient funds to ensure payment of the annual assessment with each year's tax bill;
and
b. Ensure that the total amount of any annual property taxes and assessments do not
exceed five percent (5%) of the property's fair market value, determined at the time
fmancing is approved, and that the property owner attests that the total amount of
annual PACE Assessments do not exceed five percent(5%)of the total annual gross
income of the property owner in the prior calendar or fiscal year. Fair market value
shall be that value determined by the Collier County Property Appraiser; and
c. The PACE Provider shall be solely responsible for all matters associated with
origination, funding, financing, collection and administration of each of the Special
Assessments.
9) Documents: Within 10 business days following written request by the County, the PACE
Provider shall provide the County, at no cost to the County, any and all requested records
including,but not limited to, construction, financial, correspondence, instructions,memoranda,
bid estimate sheets, proposal documentation, back charge documentation, canceled checks,
reports,customers property status of improvements, disbursements, and all other related records
produced and maintained by the PACE Provider, it's employees, contractors, and consultants.
Records shall be deemed as public records in accordance with Section 119, Florida Statutes.
SECTION FOUR: Penalty for Violations
Violation of any provision of this Ordinance shall be punishable by a fine not exceeding
$500. All violations of this Ordinance may be processed according to the Collier County
Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions
of Chapter 162, pts. I or II, Florida Statutes, as may be applicable. In addition to the imposition
of a fine,upon public hearing before the Board, a violation of this Ordinance shall be considered
a substantial breach of the Standard Membership Agreement, and upon determination of the
Board, shall be grounds for the termination of the Standard Membership Agreement.
SECTION FIVE: Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SIX: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such,and the word"ordinance"may be changed to "section," "article," or
any other appropriate word.
n
Page 5 of 6 O
9B
SECTION SEVEN: Effective Date
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this day of , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By: By:
,Deputy Clerk William L. McDaniel,Jr.,Chairman
F
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Appre . ., and legality:
Jeffrey . K1; ow, County Attorney
Page 6 of 6 /C70
9B
Acct. #027354
May 29, 2019
Attn: Legals
Naples Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: PACE Ordinance
Dear Legals,
Please advertise the above referenced notice Friday, May 31, 2019 and send the
Affidavit of Publication, together with charges involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500190373
9B
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners on June 11, 2019, in the Board of County Commissioners Meeting Room, Third Floor,
Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County
Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will
commence at 9:00 A.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA,ADOPTING THE COLLIER COUNTY PROPERTY ASSESSED
CLEAN ENERGY (PACE) CONSUMER PROTECTION ORDINANCE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.
All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to
presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any
item. The selection of any individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit
said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in presentations before the Board will become a
permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings
pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for
the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL, JR., CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
9B
Martha S. Vergara
From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com>
Sent: Wednesday, May 29, 2019 11:57 AM
To: Martha S. Vergara
Subject: RE: 2288739 - PACE Ordinance
Attachments: BCCZON I NG D-99-2288739-1.pdf
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hi Martha,
Please find attached your order confirmation and proof of the ad.
Your ad is set to run in:
• Naples Daily News on May 31 $348.07
The total cost is$348.07, which includes an affidavit which will be mailed to you after the ad publishes. Please reply by
May 30 at 12 noon with changes of the ad. You will receive an affidavit 7-10 business days after the last day of printing.
Thanks,
Kia Thor
Public Notice Representative
Naples Daily News I LOCALiQ
PART OF THE USA TODAY NETWORK
Office: 239-263-4700, option 4
From: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Sent: Wednesday, May 29, 2019 7:20 AM
To: NDN-Legals<legals@naplesnews.com>
Subject: 2288739 - PACE Ordinance
Hello,
Please advertise the following attached Friday, May 31,, 2019.
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
> Ad Proof 9 B
NapLrrs Battu Nrws
Sales Rep:Kia Thor(UX25) Phone: Email:
,Account Information i >Insertion Inlisrmation
Date:05/29/19 This is a proof of your ad scheduled to run on the dates indicated below.
Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account
Company Name:BCC/ZONING DEPARTMENT rep at .
Ad Id:2288739 P.O.No.:4500190373 Total Cost:$348.07
Contact Name:
Email:Cheri.LaFara@collierclerk.com Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN
Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:05/31/19 Stop Date:05/31/19
Phone:(239)252-8351 Fax:(239)774-6179 Number of Timess: 1 Class: 16250-Public Notices
Publications:ND-Naples Daily News,ND-Internet-naplesnews.com
>Ad Proof
I agree this ad is accurate and as ordered.
NOTICE OF INTENT TO County Manager prior to If you are a person with a
CONSIDER ORDINANCE presentation of the agenda disability who needs any
item to be addressed. accommodation in order to
Notice is hereby given that Individual speakers will be participate in this proceeding,
a public hearing will be held limited to 3 minutes on any you are entitled,at no cost to
by the Collier County Board item. The selection of any you,to the provision of certain
of County Commissioners on individual to speak on behalf assistance. Please contact
lune 11, 2019, in the Board of an organization or group is the Collier County Facilities
of County Commissioners encouraged. If recognized by Management Division,located
Meeting Room, Third Floor, the Chairman,a spokesperson at 3335 Tamiami Trail East,
Collier Government Center, for a group or organization Suite 101, Naples, FL 34112-
3299 Tamiami Trail East, may be allotted 10 minutes to 5356, (239) 252-8380, at least
Naples FL., the Board of speak on an item. two days prior to the meeting.
County Commissioners (BCC) Assisted listening devices
will consider the enactment Persons wishing to have for the hearing impaired
of a County Ordinance. The written or graphic materials are available in the Board of
meeting will commence at 9:00 included in the Board agenda County Commissioners Office.
A.M. The title of the proposed packets must submit said
Ordinance is as follows: material a minimum of 3 BOARD OF COUNTY
weeks prior to the respective COMMISSIONERS
AN ORDINANCE OF THE BOARD public hearing. In any case, COLLIER COUNTY,FLORIDA
OF COUNTY COMMISSIONERS written materials intended WILLIAM L. MCDANIEL, JR.,
OF COLLIER COUNTY,FLORIDA, to be considered by the CHAIRMAN
ADOPTING THE COLLIER Board shall be submitted
COUNTY PROPERTY ASSESSED to the appropriate County CRYSTAL K.KINZEL,CLERK
CLEAN ENERGY (PACE) staff a minimum of seven By: Martha Vergara, Deputy
CONSUMER PROTECTION days prior to the public Clerk
ORDINANCE; PROVIDING FOR hearing. All materials used (SEAL)
CONFLICT AND SEVERABILITY; in presentations before May 31,2019 No.2288739
PROVIDING FOR INCLUSION the Board will become a
IN THE CODE OF LAWS AND permanent part of the record.
ORDINANCES;AND PROVIDING
FOR AN EFFECTIVE DATE. Any person who decides to
appeal any decision of the
A copy of the proposed Board will need a record of
Ordinance is on file with the the proceedings pertaining
Clerk to the Board and is thereto and therefore, may
available for inspection. All need to ensure that a verbatim
interested parties are invited record of the proceedings is
to attend and be heard. made, which record includes
the testimony and evidence
NOTE: All persons wishing upon which the appeal is
to speak on any agenda based.
item must register with the
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat-
egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past
the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may
be pro-rated for the remaining full days for which the ad did not run.
96
Martha S. Vergara
From: Teresa L. Cannon
Sent: Wednesday, May 29, 2019 3:07 PM
To: Martha S. Vergara
Subject: FW: PACE Proof
Attachments: Proposed PACE Ordinance -JAK signed.pdf; PACE Ordinance Ad Request -JAK
signed.pdf
Teresa Cannon
BMR Senior Clerk II
„svr=•t, R.” Office: 239-252-8411
`�, Fax: 239-252-8408
Teresa.Cannon@CollierClerk.com
tE
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
C`'4 '` 3299 Tamiami Trail E, Suite#401
"'t"'`"�,�,4 Naples, FL 34112-5746
www.CollierClerk.corn
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent:Wednesday, May 29, 2019 3:02 PM
To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com>
Subject: FW: PACE Proof
See attached and below.
Thank you!!!
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
From: Klatzkowleff
Sent: Wednesday, May 29, 2019 2:49 PM
To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Subject: RE: PACE Proof
1
Looks good. 9 B
Jeffrey A. Klatzkow
Collier County Attorney
(239) 252-2614
From: NeetVirginia
Sent: Wednesday, May 29, 2019 2:23 PM
To: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>
Subject: FW: PACE Proof
For your approval. Title matches Ordinance. Scheduled to run Friday, 5/31 (10 days prior to 6/11).
Dinny
From: Martha S.Vergara <Martha.Vergara(a@collierclerk.com>
Sent:Wednesday, May 29, 2019 1:58 PM
To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Subject: PACE Proof
Attached
Martha Vergara
Senior Deputy Clerk
s01(An ovi. Office: 239-252-7240
c Fax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, FL 34112
www,CollierClerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be
used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take
any action induced by or in reliance on information contained in this message.
Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@ collierclerk.com quoting
the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any
onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records
request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing.
Under Florida Law, e mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. instead, contact this office by telephone or in writing.
2
Public Notices
NOTICE OF INTENT TO B
CONSIDER ORDINANCE
Notice is hereby given that
a public hearing will be held
by the Collier County Board
of County Commissioners on
June 11, 2019, in the Board
of County Commissioners
Meeting Room, Third Floor,
Collier Government Center,
3299 Tandem' Trail East,
Naples FL., the Board of
County Commissioners(BCC)
will consider the enactment
of a County Ordinance. The
meeting will commenceat9:00
A.M. The title of the proposed
Ordinance is as follows:
AN ORDINANCE OF THE BOARD r
OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA, OC
ADOPTING THE COLLIER
COUNTY PROPERTY ASSESSED
CLEAN ENERGY .(PACE)
CONSUMER PROTECTION rn
ORDINANCE; PROVIDING FOR
CONFUCT AND SEVERABILITY; IN
IN
PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND c:
ORDINANCES;AND PROVIDING }
FOR AN EFFECTIVE DATE.
A copy of the
proposed
Ordinance is on file with the a
Clerk to the Board and is
available for inspection. All Fc
interested parties are invited
to attend and be heard.
NOTE: All persons wishing
to speak on any agenda 0
item must register with the u
County Manager prior to yi
presentation of the agenda
item to be addressed.
Individual speakers will be
limited to 3 minutes on any
item. The selection of any UI
individual to speak on behalf o
of an organization or group is 4
encouraged. If recognized by Z
the Chairman,a spokesperson
for a group or organization
may be allotted 10 minutes to
speak on an item.
Persons wishing to have
written or graphic materials
included in the Board agenda
packets must submit said
material a minimum of 3
weeks prior to the respective
public hearing. In any case,
written materials intended
to be considered by the
Board shall be submitted
to the appropriate County
staff a minimum of seven
days prior to the public
hearing. All materials used
in presentations before
the Board will become a
permanent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verbatim
record of the proceedings is
made, which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a
disability who needs any
accommodation in order to
participate in this proceeding,
you are entitled,at no cost to
you,to the provision of certain
assistance. Please contact
the Collier County Facilities
Management Division,located
at 3335 Tamiami Trail East,
Suite 101, Naples, FL 34112-
5356,(239)252-8380,at least
two days prior to the meeting.
Assisted listening devices
for the hearing impaired
are available in the Board of
County Commissioners Office.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L. MCDANIEL, JR.,
CHAIRMAN,
CRYSTAL K.KINZEL,CLERK
By: Martha Vergara,Deputy
Clerk
(SEAL)
May 31,2019 No.2288739
9B
.•:,,Napirs Battu CWEi
NaplesNews.com
Published Daily
Naples,FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she
serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County,
Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in
said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na-
ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said
Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second
class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Customer Ad Number Copyline P.O.#
BCC/ZONING DEPARTMENT 2288739 NOTICE OF INTENT TO 4500190373
Pub Dates
May 31, 2019
. (1 � (2Y40-
(Sign ture of affiant)
,•'.....,:•..., KAROLEKANGAS I
(.?•?,'. Notary Pubc-State GGd� rrida
Sworn to and subscribed before me • , •
This June 11,2019 i 2021
My COMM.
Expires
lKwr ran I
arke4 CrAer
(Signature of affiant)
NOTICE OF INTENT TO the Collier County Facilities 9 6
CONSIDER ORDINANCE Management Division,located
at 3335 Tamiami Trail East,
Notice is hereby given that Suite 101, Naples, FL 34112-
a public hearing will be held 5356, (239) 252-8380, at least
by the Collier County Board two days prior to the meeting.
of County Commissioners on Assisted listening devices
lune 11, 2019, in the Board for the hearing impaired
of County Commissioners are available in the Board of
Meeting Room, Third Floor, County Commissioners Office.
Collier Government Center,
3299 Tamiami Trail East, BOARD OF COUNTY
Naples FL., the Board of COMMISSIONERS
County Commissioners (BCC) COLLIER COUNTY,FLORIDA
will consider the enactment WILLIAM L. MCDANIEL, JR.,
of a County Ordinance. The CHAIRMAN
meeting will commence at 9:00
A.M. The title of the proposed CRYSTAL K.KINZEL,CLERK
Ordinance is as follows: By: Martha Vergara, Deputy
Clerk
AN ORDINANCE OF THE BOARD (SEAL)
OF COUNTY COMMISSIONERS May 31,2019 No.2288739
OF COLLIER COUNTY,FLORIDA,
ADOPTING THE COLLIER
COUNTY PROPERTY ASSESSED
CLEAN ENERGY (PACE)
CONSUMER PROTECTION
ORDINANCE; PROVIDING FOR
CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND
ORDINANCES;AND PROVIDING
FOR AN EFFECTIVE DATE.
A copy of the proposed
Ordinance is on file with the
Clerk to the Board and is
available for inspection. All
interested parties are invited
to attend and be heard.
NOTE: All persons wishing
to speak on any agenda
item must register with the
County Manager prior to
presentation of the agenda
item to be addressed.
Individual speakers will be
limited to 3 minutes on any
item. The selection of any
individual to speak on behalf
of an organization or group is
encouraged. If recognized by
the Chairman,a spokesperson
for a group or organization
may be allotted 10 minutes to
speak on an item.
Persons wishing to have
written or graphic materials
included in the Board agenda
packets must submit said
material a minimum of 3
weeks prior to the respective
public hearing. In any case,
written materials intended
to be considered by the
Board shall be submitted
to the appropriate County
staff a minimum of seven
days prior to the public
hearing. All materials used
in presentations before
the Board will become a
permanent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verbatim
record of the proceedings is
made, which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a
disability who needs any
accommodation in order to
participate in this proceeding,
you are entitled,at no cost to
you,to the provision of certain
assistance. Please contact
96
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Collier County Ygrene PACE Point-by-Point
Response and Program Overview
June 2019
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ENERGY FUND
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1 9B
Point by Point Response to Claims Made Against Ygrene in Collier County
Below are Ygrene's point by point responses to recent claims and criticisms regarding Ygrene PACE
activity in Collier County as requested by the Collier County Commission.
Where claims were specific,we have responded with specific data refuting the incorrect assertions.
Many of the claims were vague generalities,without reference to specific data or any particular
property owner. In these cases,we have responded to the assertion and remind the Commissioners that
Ygrene performs a confirmation of terms call for every Collier County PACE participant in which the
property owner verbally attests to full understanding and acceptance of all disclosures and financing
terms.Ygrene is happy to make recorded calls available to Commissioners for any property owner
identified by the speakers,where available.'
Further, speakers commonly used phrases such as "upon cursory inspection"or"it appears as though"
or"we believe", indicating there was insufficient evidence to substantiate their claims. In these cases,
and in honor of due process,we respectfully ask the Commissioners to discount these remarks unless
proof can be produced as we have been unable to find any evidence.
Finally, several speakers purported to speak on behalf of property owners yet,despite the many
intervening weeks,they have failed to identify specific individuals or to have them file complaints with
Ygrene.To reiterate, no consumers have been identified,and no complaints have been filed (beyond the
three previously mentioned)despite multiple public hearings.To the degree that claimants can identify
consumers with issues,Ygrene is happy to make available the disclosures and recorded calls,and to
provide further comment and assistance,where available.
Claim/Criticism 1:It was stated that Ygrene does not take into account any review of the property
owner's credit in its underwriting process.
Response:Ygrene reviews credit bureau information for each and every applicant. In order to qualify for
Ygrene PACE financing, applicants must: be current on their mortgage at time of application; have no
delinquency for the past 3 years,or current period of ownership,whichever is shorter; not be in
bankruptcy; have sufficient equity in their homes; provide income data; and, have no involuntary liens
on the property.Ygrene follows all underwriting criteria as defined by State law,all local requirements,
and the Green Corridor PACE District,the statewide authority that Ygrene operates under.The latter
includes a consumer protection policy with a detailed process that explicitly states the underwriting
requirements that must be adhered to.That document has been provided to the Commission.Those
policies, in many cases,go above and beyond what is required by state law.
Claim/Criticism 2: It was stated that Ygrene has authorized contractors outside of Collier County.
Response: Under state law,contractors are allowed to work within the State of Florida with the proper
licenses and often work in a multi-county territory.This is particularly common in the natural disaster
resiliency and energy building retrofit industry in Florida. In fact,Governor Scott issued an executive
'Ygrene cannot provide any Personally Identifying Information(PII)of the property owners in these transcripts.
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma, CA 94954
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order last year due to hurricane damage and repair that allowed local governments to expedite repair,
in which the need to bring in out of country contractors was paramount.
Ygrene verifies that every contractor participating in the program is properly licensed in accordance with
local law.Of the contractors operating in Collier County, 54%are from the county itself.Ygrene has
provided a list to the Commission of the contractors who have performed work in Collier County and the
status of each(which is included as Appendix A).At one point in time,Ygrene had 68 active contractors.
At present,Ygrene has 59 Active contractors,with 9 being either inactive or removed from the program.
Claim/Criticism 3:During the Commission meeting on May 14th, 2019,Ygrene's PACE assessments were
mischaracterized with incorrect information.
Response:The following respond to each of those mischaracterizations:
1. It was stated that the average Fair Market Value of the homes with Ygrene PACE assessments is
-$213,000.
a. This is incorrect.Of the 401 total projects that have been funded between inception to
May 17, 2019,the average Fair Market Value of those homes is^'$375,000 and the
average Just Value of those homes is"'$279,000.
2. It was stated that the average Ygrene PACE assessment was$2,563.
a. This is incorrect.Of the 401 total projects that have been completed and funded
between inception to May 17, 2019 is$2,190.08.The average project funded amount is
$20,447 and the average term is 18.06 years.The most common term is 20 years.
3. It was stated that the average tax increase was 106%.
a. For funded Ygrene projects,the average taxes due before PACE was$2,256 per year and
the average taxes after PACE was$4,446 representing an increase of 97%on average.
This average also includes increases from very expensive homes valued at over$1
million,which skew the data higher.This increase only represents the cost of the project
and does not reflect the corresponding decrease(s) in utility bills and property insurance
premiums as a result of the project.
4. It was stated that the average Loan to Value(LTV)for Ygrene PACE projects was 16%and that
many projects exceeded State law of 20%of Just Value.
a. This is incorrect.Ygrene projects in Collier County had an average PACE LTV of 6%.
Ygrene's underwriting standards and requirements set the maximum eligible financing
amount at 20%of just value or 15%of Fair Market Value,whichever is less.The only
exception,which is allowed under State law, is when a property is owned outright and
does not have a mortgage the PACE LTV can exceed 20%of Just Value,however,
Ygrene's underwriting requirements still cannot exceed 15%of Fair Market Value,which
is an additional protection that goes above and beyond State Law.
5. It was stated that property owners without equity in their home can still borrow up to 20%of
Just Value and thereby be "under water" on their home.
a. This is incorrect.Ygrene's underwriting criteria as published in the Green Corridor
program guidelines require that there be sufficient equity in the property such that
combined Loan to Value (CLTV)of mortgage debt plus PACE lien cannot exceed 100%.
There is no way a property owner can be"under water".Ygrene's average CLTV is
approximately 65%.
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma,CA 94954
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Below are tables showing the project level data for Ygrene funded PACE projects in Collier County,
including additional data specifically on all Habitat for Humanity properties:
Stats from Oct 2017 - Present
Low Average High
Funded Amount $2,555 $19,962 $97,280 I
Annual PACE Assessment $290 $2,112 $13,760
Monthly PACE Estimate $24 $176 $1,147
Post Assessment LN 1.4% 62.6% 99.2%
Property Value $46K $378K $1.1M
PACE LTV Percentage <1% 6% 16%
Habitat Stats from Oct 2017- Present
Low Average High
Funded Amount $5,748 $11,348 $21,958
Annual PACE Assessment $740 $1,481 $3,607
Monthly PACE Estimate $62 $123 $300 I
Post Assessment LW 16% 48% 88%
Property Value $114K $191K ��$326K
!PACE LW Percentage 3% 6% 12% J
Additionally,as of May 2019,there are no PACE delinquencies associated with any Ygrene Projects in
Collier County.Of the 401 projects that were funded between October 2017 and the present, 122
funded projects were placed on the 2018/2019 Collier County tax roll.All those projects have paid their
PACE assessments with no delinquencies and only one late payment which was only 4 days late.
Claim/Criticism 4:It was stated that IRS,State,and other liens existed on the properties that have a
Ygrene PACE assessment on them.
Response:This is incorrect.All Collier County projects files have been reviewed and there were no
involuntary liens associated with those projects. Upon review of information from Data Tree,a 3'party
utilized to analyze properties during the underwriting process, no liens existed or exist on those
properties.Ygrene's underwriting process notes any liens on the property and denies the applicant if
any are found. It is common for a construction project, no matter how it is financed,to have a
mechanics lien filed during the project construction process for expenditures by contractors,but all
mechanics liens in Collier on the subject properties have been released.
Claim/Criticism 5:It was stated that there was a targeting of elderly,disabled,and military serviced
disabled for Ygrene PACE projects.
Ygrene Energy Fundi 2100 S McDowell Blvd I Petaluma,CA 94954
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Response:This is incorrect.There is no data to prove this allegation and the examples used in this
unsubstantiated statement were grossly overstated. In fact,the percentage of property owners over the
age of 60 years in Collier County with Ygrene PACE projects was 30.2%.To put that into context,
according to the U.S. Census Bureau,the percentage of property owners over 65 years in Collier County
is 31.5%.Thus,Ygrene PACE projects funded in Collier county are consistent,and in fact trend younger,
than the demographic distribution of persons over 60 years old in Collier County.
Claim/Criticism 6: It was stated that taxes from Habitat for Humanity specific projects increased from
$720 to$6,135.
Response:This is incorrect.Ygrene data shows a tax increase range for Habitat for Humanity projects of
$740 to$3,607 with an average increase in annual property taxes of$1,481.This equates to
approximately$123/month or the equivalent of a monthly cell phone bill.
Claim/Criticism 7:It was stated that contractor fraud and misguidance occurred many times.
Response:There is no evidence to support this statement.Ygrene conducts a confirmation of terms call
(Confirmation Call)with all residential PACE customers(a copy of the confirmation of terms call script
can be found in Appendix B below).This call reviews:the financing terms, including what is owed when
and how repayment is made via property taxes;that PACE is not a government program;the contractor
is not representing the government; and the terms upon which the financing can be cancelled. Each
consumer acknowledges full understanding and approval of each term.Ygrene's additional consumer
protections pertaining to contractors include contractor training and review, permit requirements,
withholding of payment to contractors until property owner sign-off,among many others which are
program requirements that go above and beyond State PACE law and exceed consumer protections for
any other forms of home improvement financing.
Claim/Criticism 8: It was stated that financing documents and confirmation of terms calls(Confirmation
Calls)were not provided in the consumer's preferred language.
Response:This is incorrect.Ygrene financing documentation and confirmation of terms calls are offered
in a variety of languages(e.g. Spanish and Haitian-Creole). Copies of the financing documents in multiple
languages(e.g.Spanish and Haitian-Creole)and the call script have been provided to the Commissioners
(a copy of the call script is included in Appendix B). In fact,as it relates to language barriers, upon
making the confirmation of terms call,the first question asked of the property owner is what language
would the property owner prefer. In Collier County,Ygrene completed the Confirmation Call 3 times in
Spanish, 2 times in Haitian Creole, and 1 time in Portuguese,with the remaining calls occurring in
English. As it relates to the financing documents that were signed by the property owners in Collier, 369
financing documents were provided in English and 32 financing documents were provided in Spanish.
Claim/Criticism 9: It was stated that other issues occurred such as pricing terms misrepresentations,
disclosures not being provided,terms and conditions not being explained,threats of legal action to the
property owner, and forgery.
Response:This is incorrect.Ygrene staff are highly trained professionals who are well aware of all pricing
terms, required disclosures, and other terms and conditions.Ygrene's customer service staff have not
threatened property owners with legal action nor committed forgery.Ygrene has a confirmation of
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma,CA 94954
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5
terms call of every Collier County PACE participant in which all pricing,disclosures,terms and conditions
were thoroughly explained and verbally confirmed by the property owner Ygrene views these claims as
slander and has not been provided any evidential fact to substantiate any of these claims.The data
included in this report,the Confirmation Call recordings,as well as Ygrene's presentation on May 28th in
front of the Collier Commission serve to disprove these inaccurate statements. In fact,an audit
conducted by Clean PACE—a nonprofit consumer watchdog formed specifically to assess PACE programs
—found 100%compliance with the stringent audit criteria and best practices that focus on homeowner
protections,contractor controls,financial accountability,and marketing.
Claim/Criticism 10: It was stated that Contractors are Ygrene employees.
Response:This is incorrect. Contractors are not employees,affiliates or agents of Ygrene.Contractors
are independent,third parties which enter into separate agreements with property owners.Ygrene does
not provide construction services, nor are we a party to those agreements.As program administrator
and funder of the Green Corridor PACE program,Ygrene is tasked by the Green Corridor to develop
contractor oversight,training and policing functions to try to ensure the best possible experience for
PACE program participants.Ygrene has no legal control or jurisdiction over contractors,except that
contractors must follow the requirements in the Contractor Participation Agreement or be subject to
suspension and/or termination from the program.Ygrene is committed to providing contractor
oversight in accordance with the requirements of the PACE program and in the best interests of
consumers.Complaint rates for contractor-related issues under the Ygrene's PACE program are 1-3%,
dramatically lower than the general home improvement market which runs in the double digits.
Claim/Criticism 11: It was stated that Ygrene was subject to a Federal class action lawsuit dated March
2017.
Response:This is correct, however,the speaker failed to point out that the bulk of the claims have been
dismissed by the court with prejudice. On March 9, 2017, a putative class action complaint was filed in
the United States District Court for the Northern District of California by certain residential property
owners in California and Florida naming Ygrene and Ygrene Energy Fund Florida LLC("Ygrene FL")as
defendants(captioned Smith et al v.Ygrene Energy Fund, Inc. et al., No. 3:17-cv-01258).Ygrene asserted
these claims were baseless and without merit.
On July 26, 2017 the court granted Ygrene's motion to dismiss,dismissing three counts of the complaint,
the plaintiffs' California Consumers Legal Remedies Act claim,the plaintiffs' Florida tortious-interference
claim,and the plaintiffs'California unjust-enrichment claim with prejudice. The court also dismissed the
plaintiffs'fraud-based claims under the Federal Rules of Civil Procedure holding that the plaintiffs had
failed to plead sufficient facts to support their claims of fraud.The allegations constitute the bulk of the
plaintiffs' complaint against Ygrene.
In response,the plaintiffs filed a second amended complaint on August 25, 2017 and in turn,Ygrene
filed a motion to dismiss solely the individual claims that Grachian L. and Mary J. Loudenslager-Smith
(the"Smiths"; the only Florida complainants) pleaded in the second amended complaint.The court
granted Ygrene's motion to dismiss with regards to the Smiths' claims, including their claims for fraud
and unfair trade practices, holding that Ygrene's disclosures were neither deceptive nor fraudulent as a
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma,CA 94954
6 9B
matter of Florida law because they adequately disclosed the possibility of prepayment.Another plaintiff,
Michael Pekel, has been dismissed from the case for failure to prosecute his claims.
Claim/Criticism 12: It was stated that at times that PACE projects were done in a very quick manner
before documents were received.
Response: Ygrene does not give"Notice to Proceed" until the property owners have had the
opportunity to read, review,and sign their Ygrene paperwork.
Claim/Criticism 13: It was stated that Ygrene did not provide the property owner an opportunity to seek
guidance or have their questions answered.
Response:This is incorrect.Ygrene can confirm that 100%of Collier County PACE participants have
completed our extensive confirmation of terms call which provides an opportunity for any facet of the
program to be discussed and questions answered.Additionally, many property owners call for guidance
on various topics and the property owner is in complete control of the timing to sign documents or not
sign at all. It is noted that during the May 14th Commission meeting the property owner confirmed they
were, in fact, recorded acknowledging the program terms and that the property owner did, in fact, seek
guidance on documents and that help was provided by Ygrene. It is also noted that one of the lenders
that spoke at the May 14th and 28th Commission meetings also called into Ygrene for clarification on
assessments dating back to mid-2018 as well as receiving pay-off information for one such property so
that they could provide a supplemental loan at a lower interest rate.
Claim/Criticism 14: It was stated or implied that a large number of Ygrene PACE participants have
complaints or issues with the program.
Response:This is incorrect.Of the 401 completed PACE projects in Collier County,Ygrene has received
only 3 complaints.Two of those complaints have been resolved and one complaint in still in process.
This represents a less than 1%complaint rate in Collier County.Speakers purported to make claims on
behalf of property owners,yet they have failed to identify those property owners or to have them file
complaints with Ygrene.Ygrene's customer service number is displayed widely on our documents and
website.Yet no specific customers have been identified by the claimants, and no complaints have been
filed beyond the three previously mentioned.Given the notion of due process,Ygrene respectfully asks
the Commissioners to demand evidence of these statements, and assume them false until proven
otherwise,as we have reviewed documentation of Collier County participants and have found no
evidence to substantiate these claims.
More broadly,Ygrene maintains a record low complaint rate of 1-3%across our program nationally and
has over a 97 percent satisfaction rate among our customers.Consumer satisfaction polls frequently
find that Ygrene is viewed more favorably than nearly every other financial service company.
Claim/Criticism 15: It was stated that of the 331 Ygrene projects from October 2017 to August 2018,the
following occurred:the property owner never signed the Finance Agreement; the property owner was
misinformed by the contractor; and, no notary public was acknowledged.
Response:To this,Ygrene restates the fact that every residential property owner completed a
confirmation of terms call to review the terms of the project and the financing. Documents are unlocked
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma,CA 94954
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by questions provided by a credit bureau so only the property owner can answer these questions.
Notary requirements that are undertaken by Ygrene follow the requirements of Florida State law.
Claim/Criticism 16: It was stated that PACE assessments exceed the useful life of the equipment being
financed.
Response:This is incorrect. It is a fundamental requirement of the PACE program that PACE assessments
do not exceed the useful life of the improvement being financed.Ygrene follows national best practices
from the Environmental Protection Agency(EPA),the U.S. Department of Energy(DOE), Fannie Mae,
local utility programs, and others to determine the useful life of the equipment eligible for PACE
financing. For example,the Department of Energy has published many times that HVAC systems have a
useful life of 20 years,and thus Ygrene's maximum financing term for HVAC systems are 20 years.
Ygrene has included in this report the Pricing Guidelines document for Florida as a reference for all
pricing and term guidelines for PACE eligible improvements.
Claim/Criticism 17: It was commented that the Consumer Finance Protection Bureau (CFPB)was
investigative PACE.
Response:This is incorrect.The CFPB is not investigating PACE or Ygrene.The CFPB has a statutory
obligation, pursuant to Section 307 of the Economic Growth, Regulatory Relief, and Consumer
Protection Act of 2018(S. 2155),to establish certain regulations with regard to PACE financing,as it
does with many financing options.The CFPB is researching PACE by talking to each of the PACE
companies,State government agencies, and local governments to educate themselves on what PACE is
and how it operates as part of its due diligence before it issues any regulations.This is required of the
CFPB based upon the specific direction of the Act.
Claim/Criticism 18: It was suggested by county staff that Ygrene has exceeded 20%of Just Value in some
cases.
Response:This is incorrect.The practice of using the financed amount(principal value)when calculating
Loan to Value(LTV) is a universally established and uncontroversial method across financial sectors.
Further,this approach has been the approved practice for Ygrene's entire period of operation,validated
by Green Corridor Bond Counsel, securitization underwriters, bond purchasers, lenders and investors.
Collier County staff has proposed an alternate method which is incorrect and inconsistent with
established bond law and general principles of finance.Ygrene is happy to set up a call with Green
Corridor Bond Counsel to provide guidance on this issue if desire.
Conclusion
The claims and criticisms that have been expressed at recent Collier Commission meetings are
inaccurate and Ygrene believes the above information goes above and beyond to dispel this
misinformation. PACE is an essential public policy tool that helps protect consumers across Florida,
including Collier County. In fact, because PACE provides desperately needed financing to homeowners
and businesses,which are at risk of serious damage in the event of dangerous hurricanes,for needed
disaster resiliency improvements, PACE is the only financing option in the home improvement industry
designed to protect consumers in the most fundamental way.The very State legislation that enables
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma, CA 94954
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PACE financing notes the importance of protecting against the dangers of natural disasters,an issue that
is of the utmost importance in Florida, and PACE is designed to provide access for homeowners and
businesses to protect themselves.Among all of the consumer protections that PACE has that go above
and beyond any other home improvement financing option,that is the most important,and will
continue to be a hallmark of PACE financing as long as it is available.
Green Corridor Program Overview
PACE Background
Property Assessed Clean Energy(PACE)financing was created as a way to achieve multiple state and
local public policy goals: reducing greenhouse gas emissions,converting to renewable sources of
energy,and making communities more resilient and able to mitigate the costs of disaster such as
hurricanes.The Green Corridor PACE program administered by Ygrene Energy Fund (Ygrene)supports
this essential public policy by delivering a financing solution that addresses the upfront cost barriers
experienced by many property owners and by providing access to affordable financing for eligible
property improvement measures.
PACE programs incorporate stronger consumer protections and provide greater homeowner recourse'
than is typically available in the home improvement finance market,which is comprised mostly of short-
term/unsecured options or high interest credit cards.Ygrene implements rigorous contractor screening,
onboarding,and monitoring/termination processes and controls designed to support property owners
who have hired contractors to complete projects while ensuring that statutory, regulatory,and
governmental program guidelines for the financing are followed. PACE includes,and in most cases
requires by statute,extensive underwriting criteria,comprehensive financial disclosures,and effective
resolution processes.Ygrene strives to be accountable and transparent to its policymakers, local
government partners, regulators, homeowners, and other stakeholders.
Collier County - PACE Impacts
As the PACE industry has matured, so has the ability to measure the energy,environmental, resiliency,
economic, and societal benefits of investing in clean energy technologies at the local, national,and
global level.Ygrene has been at the forefront in the PACE industry by investing time and resources to
better understand the impacts of PACE across the economy and the environment.
Recent research published out of the Schwarzenegger Institute at the University of Southern California's
Price School of Public Policy, "Impacts of the Property Assessed Clean Energy(PACE) Program on the
Economies of California and Florida," reports on an analysis on over 54,000 Ygrene PACE projects in
California and Florida to determine the economic, environmental, resiliency, and societal benefits of
2 Recourse includes but is not limited to dedicated consumer complaint and resolution processes,3-day right to
rescission,contractor payment made after project completion—no money upfront,homeowner approval of
project completion and release of funds,among others.
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma, CA 94954
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PACE improvements.The figure below illustrates the scaled environmental,energy, resiliency, and
economic impacts of$8.6 million in Ygrene funded PACE projects completed in Collier County from
inception to May 16th,2019.3
+ 70 +224
NEW JOB + $3.5M
KILOWATTS YEARS CREATED
OF SOLAR LIFETIME INSURANCE
INSTALLED A 1144w M 11 " " '` '1`4"1 '1PREMIUM SAVINGS
7000 .. r•: .
+ METRIC TONS OF
113.7M +
CO2 EMISSIONS
REDUCED kWh-e SAVED +
,�$�+$21M ---jJ $330K "
+ HAZARD LOSS
AUGMENTED GROSS SAVINGS
ECONOMICCARBON REDUCTION
OUTPUT
SOCIETAL BENEFIT
These impacts show that PACE has helped to protect Collier residents from hurricanes and has had a
positive impact on the environment while also contributing to local job creation and economic growth.
Additionally, PACE can have a meaningful impact on a community's resiliency to natural disasters.
Green Corridor — Consumer Protections
The consumer protections provided by the Green Corridor program administered by Ygrene are among
the most robust in the home improvement finance market especially when compared to unsecured
lending. Many of the consumer protections are built into PACE itself, required by State statute, and
others go above and beyond what is required by State law.
3 Data based on University of Southern California Schwarzenegger Institute research, "Impacts of the Property
Assessed Clean Energy(PACE)Program on the Economies of California and Florida,"utilizing,in part,Ygrene's
proprietary model.This represents scaled estimated lifetime impacts of PACE projects funded by Ygrene from
inception to May 16th,2019 in Collier County.
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma,CA 94954
10 9B
i Consumer Protection Comparisc,
PACE Provides More Protections Than Other Home Improvement Financing Solutions
PACE HEL/HELOC Unsecured Debt Solar Lease/PPA
Minimum level of equity in property ./ I X X
Not delinquent on property related debt J ✓ X X
Not in bankruptcy J X X X
Loan to value limit J ✓ X X
Team tied to useful life improvement ✓ X X ✓
Pre/post-funding customer support J X ✓ J
Fixed rate and fully amortized ✓ X X X
Improvement pricing review ✓ X X X
Certificate of completion J X X ✓
Rigorous contractor training and oversight J X X X
Key Disclosures
Ygrene provides disclosures to property owners for key program features including but not limited to,
financing terms, repayment process,assessment amount, interest rate,and requires acknowledgement
that the property owner has received them.Ygrene discloses all costs and ensures that there are no
hidden fees.These disclosures are consistent with the "Know Before You Owe" (KBYO)guidelines
provided by the CFBP.
Confirmation of Terms Call
Ygrene performs recorded"Confirmation of Terms"calls for 100%of residential projects. Information
covered in the call includes,but is not limited to:
• Confirmation of the specific terms of the finance agreement
• Explanation of specific program guidelines and how repayment works
• Available in a variety of languages
3-Day Right to Cancel
As a Ygrene program policy,all homeowners may cancel their financing agreement for any reason within
three business days after signing the contract.
Ygrene's general practice goes far beyond this, however, allowing consumers to cancel the financing at
any time before the contractor is paid—not just within the program guidelines 3-day rescission period—
without cost or penalty.After reviewing the terms and conditions of the PACE finance agreement during
the recorded call some property owners decide not to proceed with PACE financing. No property owner
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma,CA 94954
11 9B
ever has an obligation to use Ygrene financing,and each property owner is free to pay their contractor
of choice via their method of choice.
Eligible Improvements and Pricing Guidelines
To qualify for Ygrene financing,all project improvements must meet or exceed applicable local,state,
and federal codes and standards and be installed by Ygrene eligible contractors or participating property
owners in accordance with manufacturer recommendations.Additionally,all eligible improvements
have set pricing guidelines that ensure costs do not exceed certain pre-determined levels.
Escalation Process
Ygrene representatives work with participating property owner/s from initiation to project completion
and funding. Regular communications occur by phone and by email between the consumer and the
Ygrene representative.Additionally, property owners are encouraged to use the Ygrene Customer
Portal,which gives consumers 24/7 access to their account and direct access to"help" and Ygrene
customer support.
Ygrene provides multiple communications to property owners post project funding.Ygrene also
provides information on early payoff quotes for property owners interested in early prepayment.All
communications encourage property owners to contact Ygrene at any time with questions or concerns.
Customer service representatives are available to participating property owners post-funding via a full-
service customer service and dispute resolution team to help resolve any issues or connect property
owners to contractors for contractor related questions(for example service warranty questions).Ygrene
representatives are trained to receive, manage,track and proactively resolve inquiries and complaints as
quickly as possible.Representatives may be reached by phone,email or fax during normal business hours.
Customer escalations can be reported by any member of Ygrene's Operations, Underwriting,Sales,or
other team member or from a property owner regarding workmanship by a contractor, issues/disputes
between the property owner and the contractor,Ygrene services or financing terms,among others.
Upon receipt,the concern is escalated to the Resolution Team,who is responsible for investigating,
documenting, and working to bring the escalation to resolution.The first step is to review and reconfirm
that all parties completed the steps required by Ygrene in the financing process.Once confirmed,
additional research and resolution actions may include outreach to the Ygrene Regional Account
Manager(RAM),the contractor,and/or the property owner for further details and/or requesting a third-
party on-site property inspection.
Because of these processes and strong consumer protections,Ygrene has a very low customer complaint
rate.Out of the 401 completed projects between October 2017 and May 2019 in Collier County,there
were 3 total escalations.This is an overall complaint rate of less than 1%.And,of those 3 complaints
that Ygrene has received,2 have been resolved and 1 is in process.
Even though the overall escalation rate is less than 1%in Collier County,Ygrene is constantly striving to
make improvements across the program.Some of the initiatives that Ygrene has implemented include:
• Enhanced communications to property owners
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma, CA 94954
12 9B
o Comprehensive consumer protection program ('Customer First')
o Increased frequency of information on property tax bills and escrow account changes
o Dedicated customer escalations and resolutions team
o Pricing guidelines
• Robust contractor screening, onboarding,and monitoring
o Random inspections
o Feedback loop with customer escalations team to spot problems early and respond
quickly
o Monitoring and termination protocols for contractors
o Contractor risk score to focus on potential areas of concern including vulnerable
populations.
Below is a standard Ygrene PACE project timeline:
r 11) Standard Renovation Timeline
Begin Day 1 -Week 2 -Month 3 or 4
Application Approval Notice to
Key Pre-NTP Consumer Key Post-NW st NTP Consumer
Protections Protections
Underwriting Process Estimated Settlement Statement
�. xuraixiro t.5 FON SUITING ruvar vnxAnw
tConfirm Terms Call �� w
68 aII
NSW
_ IDV(Identification Verification) ,.' Contractor
Process Payment
Finance Agreement
Green Corridor— Resolution Process
Green Corridor and Ygrene take escalations seriously.Ygrene has a team dedicated to addressing
customer escalations and achieving resolutions. Resolution of a consumer escalation may come in the
form of clarifying program details with the property owner,facilitating warranty or further work related
to the project by the original contractor or other third party,or,in some cases, negotiation and
settlement of disputes with the assistance of the Legal Team. Each escalation file remains open until the
Resolution Team confirms with the property owner that they are satisfied with the resolution.
Ygrene Energy Fund I 2100 5 McDowell Blvd I Petaluma,CA 94954
13 9 B
Escalations are tracked and reviewed on a monthly basis to monitor for trends and to aid in further
program process improvement and development.
Process Overview Escalation Response
Operations,Underwriting or Sales receives an •Resolution of a consumer escalation may
escalation from a property owner regarding: come in the form of:
•Contractor workmanship; o clarifying program details with the property
•issues/disputes between the property owner,
owner and the contractor;or o facilitating warranty or further work related
•Ygrene services or financing terms. to the project by the original contractor or
other third party;or
•File is escalated to: o negotiation and settlement of disputes with
resolutions@ygrene.com.Resolution Team is the assistance of the Legal Team.
responsible for investigating,documenting
and working to bring the escalation to •Each escalation file remains open until the
resolution. Resolution Team confirms with the Property
Owner that they are satisfied with the
•Review and reconfirm all parties completed resolution.
the steps required by Ygrene in the financing
process. •Escalations are tracked and reviewed on a
monthly basis to monitor for trends and to
•Once confirmed,additional research and aid in further program process improvement
resolution actions may include outreach to and development.
the RAM,contractor and property owner for
further details.
•May request a third party on-site property
inspection.
The overwhelming majority of escalations are resolved.
Green Corridor— Contractor Management and Termination Processes
Contractor management and compliance is extremely important to the Green Corridor and Ygrene. An
independent team within the risk management function focuses on developing and improving program
processes.This team is tasked with establishing standardized compliance control systems to prevent
and/or respond to any violations by contractors.
Ygrene Energy Fund I 2100 S McDowell Blvd I Petaluma,CA 94954
14 9B
Contractor Continuous
registration contractor
and training
onboarding
Predictive ��; }�
Analytics 6, 10.44Zirif
All contractors who wish to work with Ygrene must sign a contract—the Contractor Participation
Agreement(CPA)—before they can become an authorized contractor.The CPA clearly sets out the
program requirements including prohibited communications and other activities.These requirements
are communicated first as part of the required contractor training and then on an ongoing basis in
Ygrene's regular communications and interactions with all contractors.
Ygrene analyses contractor behavior on a case by case basis utilizing a three-tiered control system based
on allegations of Contractor misconduct. Input about potential Contractor non-compliance and/or
misconduct comes from, but is not limited to,the following sources:
• Complaints escalated from Customer Service/Operations
• Observations of license/insurance non-compliance from Underwriting,Contract Review and/or
Funding
• Better Business Bureau,Yelp!, and Angie's List
• Regional Account Manager feedback
• Random audits of a Contractor's business and Ygrene projects
• Direct communication with Sales to align on decision involving disciplinary action
The three-tiered control system includes three stages of contractor oversight and review:
Ygrene Energy Fund I 2100 S McDowell Blvd I Petaluma,CA 94954
15 9B
r
Contractor Evaluation Process
Monitor projects, impose additional risk avoidance measures such as
Monitorrequire a copy of the original home improvement contract prior to receiving
the 'notice to proceed'and conducting a Completion Call with the Property
Owner prior to funding; suspend select benefits such as Lead Generation
Suspend Contractor Portal which prevents submission of new projects and
suspends the 'notice to proceed'on projects in the approval stage; allow
Suspend
Contractor to wrap up existing projects in construction/funding; impose
additional risk avoidance measures; May or may not reactivate
Terminate Permanent termination of Ygrene relationship; all Contractor Portal
privileges denied; user lDs deleted/deactivated
Contractor Registration and Onboarding Process
Contractors who desire to participate in the program must follow a very strict and controlled
registration, onboarding,and training process. Contractors are registered,validated,trained,and finally
activated.
ril(�'
Comprehensive Training Protocols for Contractors
Onsite Policy and Process and Field
Training Guidelines Tools Training
PACE programs Consumer Senior
&assessment Ethics protection financial
Training Includes contracts abuse
the Following
Topics PACE Fraud
disclosures prevention Nondiscrimination
Webinars on program Ongoing marketing,sales
MentorshipYgrene attend performance programs,
features,software weekly contractor pipeline management,
and Ongoing tutorials,FAQs,
g g operational changes. sales and as-needed training,
Training business development education meetings and immersion in
contractor business
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma, CA 94954
9B
16
Between October 2017 and May 2019,Ygrene terminated 9 contractors working in the Collier County
region.
Conclusion
PACE is an essential public policy tool that helps to achieve state and local community goals of reducing
carbon emissions, reducing energy consumption, increasing the utilization of clean renewable energy,
and protecting homeowners, businesses,and communities from the damage of natural disasters. PACE
addresses the upfront cost barriers that many property owners experience by providing access to
competitive financing that has embedded in its foundation some of the strongest consumer protections
in the home improvement financing market.At its core, PACE allows property owners to invest in their
homes and businesses as well as investing in their local communities.
Ygrene Energy Fund 12100 5 McDowell Blvd I Petaluma,CA 94954
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Appendix A— Collier County Contractor Status
Join Inactive Contractor Contractor Contractor
Contractor Contractor Status Date Date Address City County
BLUE STEEL
CONSTRUCTION 4868 SW
COMPANY Active 01/16/19 183RD AVE MIRAMAR Collier
11505
AMAZING CHARLIES
AIR+HEAT/FM Active 01/15/19 TERRACE Ft Myers Collier
ALL PHASE 2340 BRUNER
Electric/FM Active 12/10/18 LANE FORT MYERS Collier
3651
Woodhill
Solar Specialist Inc Active 12/03/18 Drive Brandon Lee
JNL HOME 3224 Fowler
SERVICES/FM Active 11/19/18 st Fort myers Collier
2130
corporation
EXPERT AIR/Naples Active 10/02/18 blvd naples Collier
FLORIDA 1161 Sun
COOL/Naples Active 10/02/18 Century Rd Naples Collier
1036 S
JCV& ALHAMBRA
ASSOCIATES/Naples Active 09/19/18 CIRCLE NAPLES Collier
Air Advantage
Heating and Cooling, 5611 2ND ST LEHIGH
Inc. Active 09/03/18 W ACRES Broward
ACCURATE 118 S Barfield
COMFORT/Naples Active 08/15/18 Drive Marco Island Lee
215
Good Neighbor Lakehobbs
Roofing Inc. Active 08/05/18 Road Lutz Polk
COOLAIR 2837 Fowler
Conditioning/FM Active 07/24/18 Street Fort Myers Miami Dade
24850 Old 41 Bonita
ADRIA GROUP INC Active 07/18/18 rd.Suite 19 Springs Lee
1905 NE 16th
EC Air Pro,Inc Active 07/17/18 PL Cape Coral Lee
3727
JACKSON TOTAL Enterprise
SERVICE/Naples Active 07/11/18 Avenue Naples Collier
Semper Fidelis AC 2916 Cottage
LLC Active 06/26/18 Grove Ave Naples Collier
Ygrene Energy Fund j 2100 S McDowell Blvd 1 Petaluma,CA 94954
18 9B
PEBBELSTONE
CONSTRUCTION& 3900 MANNIX
MANAGEMENT INC Active 06/06/18 DR UNIT 113 NAPLES Collier
Energy
Management 22051 HWY
Systems Active 06/03/18 SU 19N CLEARWATER Lee
1469 Colonial
NEXT ERA/FM Active 05/29/18 Blvd Suite 220 Fort Myers Collier
2043 Trade
PURE AIR/Naples Active 05/20/18 Center Way Naples Collier
15894
brothers court
TRITON AIR/FM Active 05/03/18 #4 Fort Myers Collier
ICR 9115 Lazy
SERVICES/Tampa Active 05/01/18 Lane Tampa Orange
Riva Construction, 1315 W Cass
Inc Active 03/13/18 St Tampa Broward
AMERICAN DREAM
BUILDERS OF
SOUTHWEST 1813 COLLIER
FLORIDA INC Active 02/08/18 AVE FORT MYERS Collier
GO SOLAR POWER 801 SE 6th
LLC Active 11/10/17 AVE suite 206 Delray Beach Broward
KELLY 9930 Channel
ROOFING/Naples Active 11/02/17 30 Drive Naples Miami Dade
1261 23rd St
ABBY AIR/Naples Active 11/02/17 SW Naples Broward
8065 NW 98
Oasis Shutter Inc Active 10/04/17 ST Hialeah Collier
7575
Kingspointe
WINDMAR HOME Parkway Unit
FLORIDA, INC Active 09/01/17 11 Orlando Collier
GUARDIAN 1410 Pine
HURRICANE/Naples Active 08/30/17 Ridge Rd#16 Naples Collier
4600
Green Solutions SHERIDAN ST
Solar&Renovations Active 08/30/17 303 Hollywood Miami Dade
3786
CONDITIONED Mercantile
AIR/Naples Active 08/22/17 Avenue Naples Collier
6088 Taylor
SPEEDY AIR/Naples Active 08/22/17 Road Unit D Naples Collier
1852 40 Terr
ROMEO AIR/Naples Active 08/18/17 SW Naples Collier
BEST HOME 1455 Rail
SERVICES Active 08/10/17 Head Blvd#1 Naples Broward
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma,CA 94954
9B
19
KINCADE
CONSTRUCTION& 1817 Coral North Fort
ROOFING/Lee Active 07/30/17 Circle Myers Collier
GOOD WORKS 6267 Lee Ann
Construction/Naples Active 05/17/17 Ln Naples Collier
11000 Metro
SOUTHLAND Parkway Unit
EXTERIORS/FM Active 05/01/17 5 Fort Myers Collier
WINTEX INDUSTRIES 17221 Alico
DURA-LOC INC Active 03/26/17 Center RD#2 FT Myers Collier
HIGHWINDS
Shutters& 5582 Lee
Windows/Lee Active 02/21/17 Street Lehigh Acres Broward
6428
GULF SHORE Commerce
COOLING Active 02/06/17 Park Dr Fort Myers Collier
ROMAN 805 NE 7th
ROOFING/Cape Active 02/06/17 Terrace Cape Coral Hernando
ADVANCE SOLAR& 2431 Crystal
Spa/FM Active 01/31/17 Dr Fort Myers Collier _
901 SE 13th
FAFCO SOLAR/Cape Active 01/18/17 Place Cape Coral Lee
9148 Bonita
GULF WESTERN Beach Rd. Bonita
ROOFING/Bonita Active 11/28/16 Suite 102 Springs , Lee
6800 33RD ST
Sand sea Air Active 10/19/16 AVE N ST PETERSBURG Collier
Energy Smart Solar 4971 SW 94th
LLC Active 09/16/16 Way Cooper City Pinellas
Excel Home Solar 8800 49th St
Inc. Active 08/31/16 N Suite 412 Pinellas Park Collier
Sunrise Roofing 1734 Kennedy
Services Active 08/30/16 Pt Oviedo Collier
4625 East Bay
LSCI, INC Active 07/28/16 Dr Unit#305 Clearwater Pinellas
1855 Griffin
RB Green Energy Active 06/10/16 Road Dania Broward
8445
Advanced Pace Morningside
Technologies Active 06/03/16 Drive Brooksville Hillsborough
4th Generation
Roofing&Sheet 11320 SW
Metal LLC Active 03/11/16 208th Drive Miami Hillsborough
Tornado Roofing 1905 Mears
and Contracting Inc Active 02/25/16 Parkway Margate Lee
Urban Solar Group 3395 N Dixie
Inc Active 03/30/15 Hwy 5 Boca Raton Palm Beach
Home Depot At-
Home Services- 6500 NW 12
Florida Active 10/24/13 Avenue Ft.Lauderdale Collier
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma,CA 94954
9B
20
10801 NW
AMERICAN STORM 14th Street
PROTECTION CORP Active 04/01/13 103 Doral Palm Beach
Florida Home-
Improvement 3044 SW 42
Associates Inc Active 12/11/12 St. Hollywood Broward
FOSTERS AIR
SUPPLIES&
TECHNICAL 4400
SERVICES,INC Inactive 12/07/17 07/31/18 Cleveland Ave Fort Myers Seminole
Carrillo 410 Leonard
Roofing/Lehigh Inactive 08/18/17 07/31/18 Blvd N Naples Pinellas
1905 NW
ACP CONSTRUCTION 18TH ST BLDG POMPANO
INC. Monitoring 04/17/17 D SUITE 1 BEACH Broward
Caribbean
Construction Service
LLC Suspended/Terminated 07/29/18 05/10/19 4859 NE 12th Oakland Park Hillsborough
4406 Loma
AC/DC SOLAR LLC Suspended/Terminated 06/05/18 04/18/19 Vista Drive Valrico Hillsborough
Lone Wolf Battery 921 E Parker
and Solar LLC Suspended/Terminated 08/04/17 03/22/19 st#3 Lakeland Hillsborough
3710
Summitwood Works Corporex Park
LLC Suspended/Terminated 07/24/17 06/06/18 Dr 100 Tampa Hillsborough
BRUNO TOTAL 28371 South Bonita
Home Performance Suspended/Terminated 04/19/17 12/07/18 Cargo St Springs Pinellas
3710
Corporex
CRESTLAKE LLC Suspended/Terminated 01/18/17 06/06/18 Drive 100 Tampa Hillsborough
SMART EFFICIENT 3654 W.
SOLUTIONS Suspended/Terminated 03/25/16 11/18/17 Cypress St. Tampa Hillsborough
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma, CA 94954
9B
21
Appendix B — Florida Welcome Call Script
Florida Welcome Call Script
Good morning/afternoon/evening, this is [your name] from Ygrene Energy Fund. We're
the company through which you will be financing your PACE home improvement
[efficiency] project.
Is now a good time to discuss your financing terms? (Y/N, if no, offer to schedule for a
later time).
Would you prefer to discuss the financing terms in English or in a different language?
Would you like to have anyone join us for this discussion?
For your security, can you please confirm your name, email address and the last four
digits of your social? (PAUSE...probe if any issues)
Do you have a copy of your Assessment Contract, including the improvement summary
and finance disclosures? (Y/N, if no, then email read only/unsigned copy of Finance
Agreement to property owner).
If there is more than one property owner: "Please note: You should discuss these terms,
improvements, and disclosures with all owners of the property"
(FOR NEW PROJECTS ONLY, NOT RE-FINANCE)
We have your property address as [Property Address] and you are using [Contractor]
for a [Improvements] project, is this correct? Are there any non-Ygrene PACE projects
on this property, either completed or in-process?
(FOR RE-FINANCE ONLY)
We have your property address as [Property Address] and the improvements you are
re-financing are [Improvements]? Are there any non-Ygrene PACE projects on this
property, either completed or in-process?
(CONTINUE HERE FOR ALL PROJECTS)
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma, CA 94954
22 9 B
Do you have an agreement or acceptable proposal with your contractor which includes
the improvements that you are financing through Ygrene? (Y/N, if no, advise the PO
that before the contractor begins the work, they should have a signed agreement)
The project cost is [Contact $], so after fees and interest your estimated annual
payment will be [Annual $]. You'll want to save or escrow on average [Monthly$] per
month to cover the payment.
Your term is [term] years, and your interest rate is [rate]%. This project does not have a
prepayment penalty, the details of which are in your finance agreement.
Payments for your project will be made with your regular annual property taxes, so
however you pay those today, you will pay this additional assessment the same way.
If you pay your annual property taxes through a mortgage escrow or impound account,
you should notify your mortgage lender in order to adjust your monthly mortgage
payment by the estimated monthly cost of the PACE assessment.
While PACE is repaid with your property taxes, PACE is not a free government program,
and neither Ygrene nor the contractor are a governmental agency.
There will be a tax lien recorded on the property—this allows the payments to be made
with the property taxes through your local tax assessor.
Your county tax bill will include this tax assessment, and it will be mailed to you from
the county no later than November 1St each year. If your project funds after the county
tax year closes, it may not appear until the following year.
If you sell your property, you may be able to pass along the financing to the purchaser of
your home. However, certain mortgage lenders will require you to pay off this financing
before any sale. Your mortgage lender may also require you to pay off the financing
before they will refinance your mortgage.
Any information you may have received from the contractor regarding PACE financing
should be confirmed with a Ygrene representative, as your financing agreement is
separate from your agreement with your contractor. Any potential tax or utility savings
you may have discussed with your contractor are not guaranteed.
Also, Ygrene and the contractor do not provide tax advice, if you have questions about
tax benefits or deductibility, we recommend you speak with a tax professional, since
Ygrene Energy Fund I 2100 S McDowell Blvd I Petaluma,CA 94954
23 9 B
individual tax situations are unique. It is your responsibility to contact your home
insurance provider to determine whether the efficiency improvement to be financed by
the PACE assessment is covered by your insurance plan.
You or your contractor are responsible for obtaining any necessary permits.
Before we fund your contractor, you will receive an Estimated Settlement Statement—
signing this document allows you to confirm the work listed has been completed and
you agree to the financing terms. Your first payment date will be determined on the day
we fund your contractor.
Do you have any questions?
Great, that completes your Welcome Call. Please give me one moment to review your
file for any additional pending items.
[Review project and advise PO of any outstanding items]
Ygrene Energy Fund 12100 S McDowell Blvd I Petaluma,CA 94954
9B
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Statutes&Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statu...
9B
Select Year: 2018 Go
The 2018 Florida Statutes
Title XI Chapter 163 View Entire Chapter
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS INTERGOVERNMENTAL PROGRAMS
163.08 Supplemental authority for improvements to real property.—
(1)(a) In chapter 2008-227, Laws of Florida,the Legislature amended the energy goal of the state comprehensive plan to provide,in
part,that the state shall reduce its energy requirements through enhanced conservation and efficiency measures in all end-use sectors and
reduce atmospheric carbon dioxide by promoting an increased use of renewable energy resources.That act also declared it the public policy
of the state to play a leading role in developing and instituting energy management programs that promote energy conservation,energy
security,and the reduction of greenhouse gases. In addition to establishing policies to promote the use of renewable energy,the Legislature
provided for a schedule of increases in energy performance of buildings subject to the Florida Energy Efficiency Code for Building
Construction. In chapter 2008-191, Laws of Florida,the Legislature adopted new energy conservation and greenhouse gas reduction
comprehensive planning requirements for local governments. In the 2008 general election,the voters of this state approved a constitutional
amendment authorizing the Legislature, by general law,to prohibit consideration of any change or improvement made for the purpose of
improving a property's resistance to wind damage or the installation of a renewable energy source device in the determination of the
assessed value of residential real property.
(b) The Legislature finds that all energy-consuming-improved properties that are not using energy conservation strategies contribute to
the burden affecting all improved property resulting from fossil fuel energy production. Improved property that has been retrofitted with
energy-related qualifying improvements receives the special benefit of alleviating the property's burden from energy consumption.All
improved properties not protected from wind damage by wind resistance qualifying improvements contribute to the burden affecting all
improved property resulting from potential wind damage. Improved property that has been retrofitted with wind resistance qualifying
improvements receives the special benefit of reducing the property's burden from potential wind damage. Further,the installation and
operation of qualifying improvements not only benefit the affected properties for which the improvements are made,but also assist in
fulfilling the goals of the state's energy and hurricane mitigation policies. In order to make qualifying improvements more affordable and
assist property owners who wish to undertake such improvements,the Legislature finds that there is a compelling state interest in enabling
property owners to voluntarily finance such improvements with local government assistance.
(c) The Legislature determines that the actions authorized under this section,including,but not limited to,the financing of qualifying
improvements through the execution of financing agreements and the related imposition of voluntary assessments are reasonable and
necessary to serve and achieve a compelling state interest and are necessary for the prosperity and welfare of the state and its property
owners and inhabitants.
(2) As used in this section,the term:
(a) "Local government"means a county,a municipality,a dependent special district as defined in s. 189.012,or a separate legal entity
created pursuant to s. 163.01(7).
(b) "Qualify-;improvement"includes any:
1. Energy conservation and efficiency improvement,which is a measure to reduce consumption through conservation or a more efficient
use of electricity,natural gas, propane,or other forms of energy on the property,including, but not limited to,air sealing;installation of
insulation;installation of energy-efficient heating,cooling, or ventilation systems;building modifications to increase the use of daylight;
replacement of windows;installation of energy controls or energy recovery systems;installation of electric vehicle charging equipment;and
installation of efficient lighting equipment.
2. Renewable energy improvement,which is the installation of any system in which the electrical,mechanical,or thermal energy is
produced from a method that uses one or more of the following fuels or energy sources:hydrogen,solar energy,geothermal energy,
bioenergy,and wind energy.
3. Wind resistance improvement,which includes, but is not limited to:
a. Improving the strength of the roof deck attachment;
b. Creating a secondary water barrier to prevent water intrusion;
c. Installing wind-resistant shingles;
d. Installing gable-end bracing;
e. Reinforcing roof-to-wall connections;
f. Installing storm shutters;or
g. Installing opening protections.
(3) A local government may levy non-ad valorem assessments to fund qualifying improvements.
(4) Subject to local government ordinance or resolution,a property owner may apply to the local government for funding to finance a
1 of 3 6/11/2019,8:48 AM
Statutes&Constitution :View Statutes : Online Sunshine http://www.Ieg.state.fl.us/statutes/index.cfm?App_mode=Display_Statu...
qualifying improvement and enter into a financing agreement with the local government.Costs incurred by the local government for such 9 B
purpose may be collected as a non-ad valorem assessment.A non-ad valorem assessment shall be collected pursuant to s. 197.3632 and,
notwithstanding s. 197.3632(8)(a),shall not be subject to discount for early payment. However,the notice and adoption requirements of s.
197.3632(4)do not apply if this section is used and complied with,and the intent resolution, publication of notice,and mailed notices to the
property appraiser,tax collector,and Department of Revenue required by s. 197.3632(3)(a)may be provided on or before August 15 in
conjunction with any non-ad valorem assessment authorized by this section,if the property appraiser,tax collector,and local government
agree.
(5) Pursuant to this section or as otherwise provided by law or pursuant to a local government's home rule power,a local government
may enter into a partnership with one or more local governments for the purpose of providing and financing qualifying improvements.
(6) A qualifying improvement program may be administered by a for-profit entity or a not-for-profit organization on behalf of and at the
discretion of the local government.
(7) A local government may incur debt for the purpose of providing such improvements,payable from revenues received from the
improved property,or any other available revenue source authorized by law.
(8) A local government may enter into a financing agreement only with the record owner of the affected property.Any financing
agreement entered into pursuant to this section or a summary memorandum of such agreement shall be recorded in the public records of
the county within which the property is located by the sponsoring unit of local government within 5 days after execution of the agreement.
The recorded agreement shall provide constructive notice that the assessment to be levied on the property constitutes a lien of equal
dignity to county taxes and assessments from the date of recordation.
(9) that all property taxes and any other
assessments levied on the same bill as property taxes are paid and have not been delinquent for the preceding 3 years or the property
owner's period of ownership,whichever is less;that there are no involuntary liens,including, but not limited to,construction liens on the
property;that no notices of default or other evidence of property-based debt delinquency have been recorded during the preceding 3 years
or the property owner's period of ownership,whichever is less;and
(10) qualifying improvement shalt be affixed to a 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.An agreement between a local government and a qualifying
property owner may not cover wind-resistance improvements in buildings or facilities under new construction or construction for which a
certificate of occupancy or similar evidence of substantial completion of new construction or improvement has not been issued.
(11) Any work requiring a license under any applicable law to make a qualifying improvement shall be performed by a contractor
properly certified or registered pursuant to part I or part II of chapter 489.
(12)(a)
(b) Notwithstanding paragraph(a),a non-ad valorem assessment for a qualifying improvement defined in subparagraph(2)(b)1.or
subparagraph(2)(b)2.that is supported by an energy audit is not subject to the limits in this subsection if the audit demonstrates that the
annual energy savings from the qualified improvement equals or exceeds the annual repayment amount of the non-ad valorem assessment.
(13)
A provision in any agreement between a mortgagee or
other lienholder and a property owner,or otherwise now or hereafter binding upon a property owner,which allows for acceleration of
payment of the mortgage,note,or lien or other unilateral modification solely as a result of entering into a financing agreement as provided
for in this section is not enforceable.This subsection does not limit the authority of the holder or loan servicer to increase the required
monthly escrow by an amount necessary to annually pay the qualifying improvement assessment.
(14) 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 under this section 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.
(15) A provision in any agreement between a local government and a public or private power or energy provider or other utility provider
is not enforceable to limit or prohibit any local government from exercising its authority under this section.
(16) This section is additional and supplemental to county and municipal home rule authority and not in derogation of such authority or a
limitation upon such authority.
History.—s.1,ch.2010-139;s.1,ch.2012-117;s.64,ch.2014-22.
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Detalles de la transcripcion: 9 B
Fecha: 17-mayo-2019
Nombre del Archivo YM244A CAGLE TVC.wav
Resultados de la transcripcion:
5100:00 Hello.Thank you for calling Ygrene.This is Emil on the line. Who I have the pleasure of
speaking with?
S2 00:05 John C.
S1 00:07 Yes, hi,there. How are you doing today,John?
S2 00:09 Good.
S1 00:09 Excellent. How can I help you out?
S2 00:12 I received a email,to give you all guys a call for customer welcome or welcome center
or something.
S1 00:22 Okay.Yeah. I believe it's probably for the welcome call. I'll be more than happy to
help you out with that.So let me go ahead and take a look.So we can pull your file,
what's your property address?
S2 00:33 It's
51 00:39 Excellent. Okay.
S2 00:41 Immokalee.
5100:43 Yes.All right. Great, I got you right here,John. So yeah. So essentially for the welcome
call, we're going to be going over the details of your financing with you,going over all
the terms and conditions and, of course,you're able to ask me any questions that you
may have about the program. Okay?
S2 01:00 Okay.
S1 01:01 Excellent. Okay,John.So here, before we begin I just want to let you know that we
are on a recorded line and if I can actually have you confirm for me, please,your
email address along with the last four digits of your social security.
S2 01:14 jcagle.@hotmail-and it's M.
S1 01:20 Perfect.Thank you.So here,then I just going to go ahead and reconfirm that you have
a property just at in Immokalee, Florida, 34142.Apologies if I
butchered that name [laughter] but it looks like that you are requesting the PACE
financing for the new roof installation with the folks over at Summit Woodworks. Is
that right?
S2 01:43 Yes.
5101:44 Great. Okay. Now, are there any other improvements that Summit Woodworks is
going to be working on for you at this time?
S2 01:53 No.
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5101:54 Okay. Perfect. So here, let me just go ahead and pull everything with your financing.
Perfect. All right. So from what I can tell,your total financing amount is going to come
up at $8,482.82. Your repayment term will be set to 10 years. Your interest rate is
fixed at 7.74%. Now, your estimated annual payment that which be added to your
property taxes each year, starting with 2018 tax bill that's due on March of 2019, is
$1,249.40. So the special tax assessments can be repaid back in the same way and at
the same time as you pay your property taxes now, whether that'd be annually,
quarterly or even monthly with an escrow account? Now, if your property taxes are
escrowed with your mortgage, we do just recommend that you inform your lender of
this financing so you're not faced with an escrow shortfall payment. Further disclose
that while PACE is repaid with your property taxes, PACE is not a free government
program and neither Ygrene nor your contractor are governmental agencies. Also
keep in mind that you may be able to pass on this financing to the purchaser of your
home, however, we would advise that some mortgage lenders will require you to pay
off this financing before any sale and they may also require you to pay off the
financing before they'll refinance your mortgage. Also, these financing terms do not
include any potential utility savings that you may have discussed with your contractor
or any tax savings that you may realize. Of course, if you have any questions about tax
benefits or deductibility, we will recommend that you speak with a tax professional as
individual tax situations are unique. Now, it's also worth mentioning that there is no
prepayment penalty on your financing. Furthermore, you and your contractor are
responsible for obtaining any necessary permits and you should only sign the
estimated settlement statement for requested and completed work. Now, what that
said, do you have many questions with the financing John, or does everything seem
clear?
S2 04:03 No, everything is clear but the question is: they say the first payment is not due until
March of 19, right?
5104:11 Yes. So I guess I'll further elaborate on that. So this is gonna be added to your 2018
taxes, so that tax bill is going to be released in November and then that payment to
the county is due on March of 2019.
S2 04:23 And how much is uh, is that a multi-payment or a whole-year payment?
5104:29 That's the annual amount that'll be added to your property taxes. So do you pay your
property taxes monthly with an escrow account?
S2 04:40 Well, so we live in a Habitat home and they add all that,they pay that for us.
S1 04:47 Everything is incorporated in the house payment?
S2 04:49 Yeah.
5104:50 Okay. So with that annual assessment then, the taxes are going to also be broken up
monthly, so with that assessment, you should see that your taxes would go up by
around $104, little over$104 with this financing.
S2 05:10 And the first payment will be due the March of 19?
S1 05:14 Yes. So depending on-- because I imagine if you're making the payments to, I guess,
the lender for the home, I'd imagine that they'll probably be taking the taxes to the
county, they'll pay the taxes to the county, I guess in November once the tax gets
released. So you're just going to want to give the lender a call,just to make sure that
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when they do reevaluate I guess,your monthly payments,when you can expect to
start making those new payments.
S2 05:51 Yeah. I was just trying to figure that out because the contractor said that the first
payment would be due on March of 19.
5106:01 Yeah.
S2 06:02 So that'd be $104, not the whole year.
5106:06 Yeah. So that annual assessment is due to the county.That's when the county needs
to receive that money. So if your lender is the one paying the county then that's when
they'll be--They'll be receiving the payment when your lender pays them. However,
for now for your payments back to your lender, depending on when it is each year
when they reevaluate because I imagine they have to make adjustments if your taxes
ever go up and down.They'll go ahead and they'll be able to see for next year's taxes
that this assessment is being added on. So I'd imagine then you'll see that your
monthly payments will increase. So you just going to want to give a call to them and
confirm when it is that they'll be doing that reevaluation.
S2 07:04 Yeah. I already talked to them and asked them was--they'll be able to do it and they
say yes, so that's the way it works.
5107:10 Okay, yes. So then, if they're able to do the reevaluation for you right away, then
great. I will be able to send you out I guess a copy of your finance documents, should
they need those.
S2 07:24 Okay.
S1 07:25 All right?Any other questions,John?
S2 07:29 No.
5107:30 All right. So here, well, I can go ahead and do now then is I can start processing
everything, so that way the notice to proceed can go out to Summet Woodworks and
they will be able to go ahead and begin the work. Would that be okay?
S2 07:42 Yes.
5107:43 Okay, great. So here, let me go ahead and take care of that for you now and I will be
able to confirm that with you over the phone. Bear with me one moment. Okay, so it
looks like the only thing that's pending is that-- I know that I guess while we're waiting
for your approval, you're able to receive the conditional finance agreement. So
because you did get approved, it's possible that there may have been a change in the
underwriting, I know sometimes with the amount that we have you pre-approved for
and sometimes we find out you get approved for more, after getting approved. So let
me see.Yes. So actually it looks like you're actually approved for more funding. So we
do just have to send you out a new finance agreement to sign. Once it's been signed
though, we'll be good to go and the notice to proceed will go out. So I'll make sure
that that finance agreement goes out today. So we'll be sending another email.
S2 08:55 And what's the difference between the one I signed yesterday and this one?
S1 08:59 So with the one you signed yesterday, again, because that was the document that we
sent out to you before you got approved, because after we went to the underwriting
process and we have you approved for more funding. We do just need to have you
signed off on a new finance agreement, indicating that change.
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S2 09:17 Okay.
S1 09:18 [crosstalk] Or reflecting that change.
S2 09:21 Oh, okay.
51 09:22 All right?So, again, I'll make sure that that gets sent out to you today,you'll be able to
sign the same way you did yesterday. You will be able to do it online. And then--
S2 09:29 Okay. How long will this--?
S1 09:31 I'm sorry?
S2 09:33 How long will this take?
S1 09:35 Probably--
S2 09:36 Sometime--
51 09:37 Yeah. You should get it sometime today.
S2 09:39 Yeah. I work nightshifts, man, I better go back to bed.
S109:42 Oh gosh, yes. No, yes. So I'll have it sent out today. You'll be receiving the email, you'll
be able to complete it at your earliest convenience.
52 09:51 All right.
5109:52 All right. Great. Anything else I can help you out in the meantime, John?
S2 09:55 So hopefully tomorrow they might be able to pull the permit, huh?
5109:58 Yeah.
S2 10:00 Okay.
S1 10:01 All right. Excellent. All right. Well,John. Thanks so much for your time. I certainly
appreciate it and I hope you enjoy the rest of your day. You have a Happy
Thanksgiving.
S2 10:09 All right. Thank you. You too.
S1 10:10 Thank you. All right. Bye-bye.
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9B
Details of transcription:
Date: 17-mayo-2019
Project ID: WPYK9M BERTEAU.wav
Results of Transcription:
5100:03 Good afternoon.Thank you for calling Ygrene.This is Nicole speaking. May I have the address
you're calling in reference to, please?
S2 00:09 Naples, Florida, 34116.
5100:17 You said 1951?
S2 00:19 Mm-hmm.And Naples, 34116.
51 00:30 Okay. May I have your name, please?
S2 00:32 Marcel B_.
5100:36 Marcel,could you please verify the last four of your Social and your date of birth?
S2 00:42 .The date of birth,the last four numbers_.
5100:54 Okay. Perfect
S2 00:56 Yeah
5100:58 Okay. How can I help you?
S2 01:00 Yeah I was just spoke with one of your staff and I was on the line with her try to help me with
some question, security question. But, now,we done with the security question, but she was
talking about another call, she was going to go on again to sign something. I do not know. I do
not remember exact. Sign the certificate, something like that.About the sign the certificate.
5101:34 It's actually to do--give me just a moment. Right. It's the finance agreement that has to be
signed.
S2 01:40 Okay.
5101:43 Have you received that finance agreement?
S2 01:46 And it is. We signed that already. On-line. She was going to phone with us.
5101:53 Right. I do not see that Matilde signed it, but we're still pending your signature.
S2 01:57 Oh, it's still pending?
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S1 01:59 Yes.
S2 02:01 Oh okay. So do not call yet or you guys going to call me if anything?
5102:07 No. I mean, if you have a copy of your finance agreement and you've had a chance to review
it, we can do the welcome call.
S2 02:15 We have it on email. Is that what you're talking about?
5102:20 Yes.
S2 02:22 Okay we do have the email you guys sent
5102:25 Okay.Then
S2 02:25 Hold on a second.
5102:27 Sure. Go ahead.
S2 02:27 Let me look at them.
5102:29 Absolutely.
S3 02:29 Female voice in the background inaudible
S2 02:33 Okay.
S3 02:35 Which one are you talking about?This one?Or this one also?
S2 02:40 So which one, exactly, are you talking about? Because we have more than one email.
51 02:46 It's the one that's umm let me see if are you guys sharing an email?
S3 02:51 We are just trying to find it.
S2 02:53 We just do sign all of them and I'm a little confused. I do not know which one exactly.
S3 02:59 [inaudible].
5103:00 We did receive the signature from Matilde, but we're still pending your signature, Marcel. It
shows that your signature is completed but we're still pending yours. If you like, I can send
you another one. So it'll be the most recent one and that's the one that you can open.
S2 03:15 Okay.Yeah Do that, please.
S1 03:17 Give me just a second. Okay. I sent it now.You should have it in your email.
S3 03:23 [inaudible].
S2 03:24 Okay.
5103:25 Okay? Let me know if you got it.
2
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S3 03:27 We have. We got it.
S2 03:28 We got it now. We're going to review the document. Continue. We're working on it now.
S3 03:45 [inaudible].
S2 03:56 Okay.Just bear with me, please.
5104:01 Sure. Absolutely.
S2 04:03 Okay.
TV in background
S2 04:25 Sign document. Okay.
S3 04:31 If you drop your file in here or.
S2 04:35 Okay. When we click on?
S3 04:41 It says check your email and [inaudible] is not benefit for add document [crosstalk].
S2 04:48 It say, "Add document or drop file here." What is that?
5104:55 I'm sorry?
S2 04:57 Okay.After we click on Review Document and it will send us to the--Okay.
S3 05:07 Enter email and password.
S2 05:09 Were it say, "Enter the email or password."
S3 05:12 To log in.
S2 05:14 When we do that, and it send us to--where? Hold on a second, please. I'm going to look
upside down on that.We try to put the password give me one second, please.
S3 05:28 Log in.
S2 05:30 Okay.
S3 05:33 Document sign in.
S2 05:34 The document sign in. Hold on.
S3 05:36 It's loading.
S2 05:38 It's loading right now.
S1 05:44 It should take you to some questions that you have to answers.They're ID verification
questions.
3
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S2 05:49 Yeah You have not sent them me yet.
5105:51 Actually, that's the first part before you actually go in to sign the document.That's the first
part.
S3 05:59 Oh, maybe you do not sign in first.
S2 06:02 Okay. It's supposed to be mine, right? Not for Matilda?
S1 06:10 That's supposed to be yours. Correct.
S2 06:14 Okay. I do not think you're on mine right now.
S3 06:17 Let me see. [crosstalk]
S2 06:18 Go back again. Go back. Go back again. Go back. Go back. Okay. Did you see the one that
sent?
S3 06:34 This one.Just now.
S2 06:36 Okay. We go on Review Document. We click on Review Document.
S1 06:43 And where does it take you?
S2 06:43 Can you hear me? Okay. Hold on a second, it's loading a little slow. [inaudible] right now,
okay? Oh okay. It just popped up now.
S3 06:53 [inaudible].
5106:56 The questions?
S2 06:58 Yeah
5106:59 Yeah But you have to answer all those questions. Which I think it's five multiple-choice
questions.
S2 07:05 Mm-hmm yeah okay. We're working-
S3 07:10 [inaudible].
S2 07:14 Okay. Go ahead. [inaudible]. Okay.
S3 07:19 [inaudible] and then, [inaudible], we did to cross [inaudible]. [inaudible].
S2 07:36 No. We can do [inaudible]. What do you have my most [inaudible]? No. Children? Not now?
S3 07:48 Do you have [inaudible] and debt [inaudible]?
S2 07:51 No.
S3 07:52 [inaudible]?
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S2 07:51 No. A B
S3 07:56 [inaudible].
S2 08:01 Okay. [inaudible].Okay.
S3 08:09 [inaudible] [$ 10 dollars?] [inaudible] on all of these.
S2 08:13 Nineteen ninety.
S3 08:16 [inaudible].
S2 08:18 Table.Yeah
S3 08:21 [inaudible] or unincorporated?
S2 08:27 [Broad?] [inaudible], not enough [family?].
S3 08:31 [inaudible]?
S2 08:31 [inaudible]. [inaudible].
S3 08:37 [inaudible] with complete [inaudible] of[inaudible].
S2 08:45 [inaudible], etc. Okay. Submit We submit it right now.
[silence]
S2 09:13 Okay.
S3 09:16 Now we can [inaudible].
S2 09:17 We have not signed up.
S3 09:20 You're going to [crosstalk].
S2 09:20 [inaudible]. I'm going to sign right now.
5109:23 Okay. Let me know when you finish.
S2 09:27 Okay.Sign there?Yeah Click there in--click.All right. Click Click there [inaudible]. [inaudible]
and push.You might be [inaudible]. [inaudible] click around with that one.
S3 10:15 [inaudible]just finished.
S2 10:22 Okay.We done
S1 10:24 Okay. Let me double check.
S2 10:27 Okay. Log in. Log into.
S3 10:31 Are already.They are not the [inaudible].
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S1 10:41 Okay. I do see that you completed the finance agreement already.So now we can go ahead
and move forward with the welcome call. Okay?
S2 10:49 Okay.
S1 10:50 So, before we begin, I'd like to let you know that we are on a recorded line.This call is to
discuss the financing terms of your project.Would you prefer to discuss the financing
contract in English or in a different language?
S2 11:02 In English.
S1 11:04 Okay.
S2 11:04 Or would you-- if you have Creole. Do you have anybody that speak Creole?
S1 11:08 No.
S2 11:10 No. Do not you speak Spanish?
S1 11:13 Spanish Yes. I speak.
S2 11:15 I could not speak Spanish,then [laughter]?
S1 11:20 Do you want it in Spanish or do you want it in English? Let me know.
S2 11:25 Better in English
S1 11:26 In English. Mm-hmm.That's what I thought [laughter].Okay.
S2 11:33 Where do you come from?
S1 11:36 Sorry?
S2 11:37 Where do you come from?Where were you born?
S1 11:40 Miami
S2 11:42 Oh, Miami. But where is your father or--?
S1 11:45 Cuban Cuban.
S2 11:48 Creola,will I be [laughter]?
S1 11:51 That was a good one.
S2 11:53 [inaudible] [laughter].
S1 11:55 That was a good one. I like that.
S2 11:58 Okay.Alright.
S1 12:03 Okay.So would you like to have any other person join us for this discussion?
6
CONFIDENTIAL—PERSONAL IDENTIFIABLE INFORMATION (PII) HAS BEEN REDACTED
9B
S2 12:08 Just my wife.
S1 12:10 Okay.Great. Can you please confirm your email address?
S2 12:15 It's the email?
S1 12:16 And it is.
S3 12:16 Berteau-
S2 12:17 Berteau-@gmail.-.
S1 12:20 Thank you for that information.And you do have a copy of your finance agreement, correct?
S2 12:25 And it is. I believe so. I think it's on email. It might be.
S1 12:30 Okay. So we have your property address as . And that's in Naples,
Florida, 34116. Is that correct?
S2 12:39 That's correct.
S1 12:40 And you are using LSCI Inc.as your contractor?
S2 12:45 Yes.
S1 12:46 Our records indicate you are requesting PACE financing for your solar panel system. Is this
correct?
S2 12:51 Yes.
S1 12:53 Okay. Are there any other improvements that the contractor is completing for you?
S2 12:59 It might be, but I'm not too sure.
S3 13:05 We complete the application.
S2 13:06 We complete it.We complete the application. Everything [inaudible]. Yeah
S1 13:11 Okay.And that's for other than the solar panel system?They're completing another
assessment for you?
S2 13:18 I'm not too sure. No. I do not think so.
S3 13:19 No.
S1 13:20 Okay.Okay. Have you received or applied for any other PACE assessments on this property?
S2 13:27 No.
7
CONFIDENTIAL—PERSONAL IDENTIFIABLE INFORMATION (PII) HAS BEEN REDACTED B
Si 13:27 Okay. Please know that the Ygrene PACE financing may not be used for any other non-eligible
projects.So now I'm going to go ahead and read the terms of your finance agreement. If you
have any questions about the terms, please feel free to ask me once I am done.
S2 13:42 Okay.
S1 13:43 Your total amount financed is going to be$22,205.83.The terms of the finance agreement is
for 20 years.The interest rate is fixed at 7.4%and interest begins to accrue from the date the
project is funded.The estimated annual payment,which will be added to your property taxes,
is going to be$ 2,161.68. So you will need to save,on average, about$ 180 in order to pay
your annual PACE assessment for this project.This special tax assessment is paid back the
same way and at the same time as you pay your property taxes now.The County Annual
Secured Property Tax Bill,which will include your annual PACE assessment,will be mailed to
you no later than November 1st of each year. If your project is completed and the PACE claim
is reported after the county fiscal year closes,your first assessment may not appear on
county tax bill until the following year.
S2 14:41 Okay.
S1 14:42 Okay? If your property taxes are escrowed with your mortgage lender,you should inform
them of this financing, so you are not faced with an escrow shortfall payment. PACE is not a
free government program and neither Ygrene nor the contractor are a governmental agency.
If you sell your property,you may be able to pass along the financing to the purchaser of your
home. However,some mortgage lenders will require you to pay off this financing before any
sale.
S2 15:08 Mm-hmm. Okay.
S1 15:09 Your mortgage lender may also require you to pay off the financing before they will refinance
your mortgage.
S2 15:15 Okay.
S1 15:15 Any potential utility savings you may have discussed with your contractor are not guaranteed.
Ygrene does not provide tax advice. If you have questions about tax benefits or destructibility,
we recommend you speak with a tax professional since individual tax situations are unique.
There is no pre-payment penalty on your financing.You or your contractor are responsible for
obtaining any necessary permits.You should only sign the estimated settlement statement
for requested and completed work.You have a three day right to cancel this agreement after
signing and your contractor may not commence work until this three day period has expired.
However, if you want to start your projects right away--
S2 15:56 yes.
S1 15:58 Okay. Bear with me just a moment. Okay.So I'm going to go ahead and document that we
have completed the welcome call and that you are waving your three day right to cancel so
your contractor can begin the work immediately.Okay?
8
CONFIDENTIAL—PERSONAL IDENTIFIABLE INFORMATION (PII) HAS BEEN REDACTED
9B
S2 16:11 Okay.Thank you.
S1 16:13 You're welcome. Do you have any questions for me?
S2 16:16 Only,thank you very much.
S1 16:18 Oh you're welcome. Have a nice day.
S2 16:21 Same. God bless you.
S1 16:23 Ah,thank you very much.Same to you. Bye-bye
S2 16:26 [inaudible]. Bye. Bye-bye.
9
9B
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Sample of Property Values as Shown on the Tax Bill, presented by Crystal Kinzel 6.11.19
Property Valuation Types Example
Land Value $125,000
+ Improved Value $100,000
= Market (Just) Value $225,000
- Save Our Homes Exemption ($25,000)
Assessed Value $200,000
- Homestead ($25,000)
= School Taxable Value $175,000
- Additional Homestead ($25,000)
Taxable Value $150,000
9B
Differences in Maximum Assessment to Value, presented by Crystal Kinzel 6.11.19
PACE Loan - 20% Market Valuation Threshold
Clerk Interpretation Ygrene Interpretation
Florida Statute 163.08 requires that, `Without the The Clean Energy Green Corridor Program Guidelines
consent of the holders or loan servicers of any state the following: "Maximum financing is initially
mortgage encumbering or otherwise secured by set at the lesser of 20%of the just value of the
the property,the total amount of any non-ad property as determined by the property appraiser or
valorem assessment for a property under this 15%of the fair market value."
section may not exceed 20%of the just value of
the property as determined by the county
property appraiser."
Home Improvement Type HVAC and Ductwork Home Improvement Type HVAC and Ductwork
Term of Financing 20 Years Term of Financing 20 Years
Product Costs $20,951.52 Product Costs $20,951.52
Capitalized Interest $952.66
Underwriting-Related fees $125.00
Jurisdiction Cost Recovery Fee $125.00
Title& Escrow Fee $65.00
Annual PACE Assessment $2,298.94 Bond Trustee Fee $90.00
X Total#of Assessments 20 Recording Fees $100.00
Total Assessments $45,978.80 Total Amount Financed $22,409.18
Market(Just Value) $122,046 Market(Just Value) $122,046
Ratio of PACE Payments to
Term to Market (Just) Ratio of Amount Financed to
Value) 37.7% Market(Just)Value) 18.4%
Application Fee (Paid Up Front) $50.00
3%Origination Fee Charged to Contractor $610.24
Total Fees to Ygrene $1,165.24
Total Fees as a %of Product Costs 5.56%
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