PACE Programs Agreement

BENZIE COUNTY,
MICHIGAN
PACE PROGRAM
XXX, 2023
TABLE OF CONTENTS
Page
Executive Summary .....................................................................................................................1
Lean & Green Michigan™ PACE Program Report.....................................................................2
APPENDIX A – PACE Special Assessment Agreement ............................................................9
SAA Appendix A – Program Eligibility Checklist ..............................................................29
SAA Appendix B – Special Assessment Parcel Description ..............................................30
SAA Appendix C – Special Assessment Roll......................................................................31
SAA Appendix D – Payment Schedule ...............................................................................32
SAA Appendix E – Description of Improvements ..............................................................33
SAA Appendix F – PACE Program Application .................................................................34
SAA Appendix G –Form of Certificate of Assignment.......................................................38
SAA Appendix H –Form of Lender Consent ......................................................................40
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Lean & Green Michigan™
PACE Program
Executive Summary
Public Act No. 270 of 2010 (“Act 270”) authorizes local units of government to adopt Property
Assessed Clean Energy (“PACE”) programs to promote the installation of energy efficiency
improvements and renewable energy systems by owners of commercial or industrial property within
a district designated by the local unit of government. Act 270 allows private commercial lenders to
finance energy projects; authorizes local units of government to issue bonds, notes and other
indebtedness; and authorizes the assessment of properties for the cost of the energy projects. Act
270 provides for repayment to the local unit of government or the private lender through a
voluntary property assessment. The property assessment remains with the property and has the
same priority as other property tax and assessment liens in the event of foreclosure.
Lean & Green MichiganTM (“LAGM”) has developed a collaborative approach to PACE programs for
local units of government by standardizing the administrative and legal process under which PACE
programs are created and managed. Many local units of government throughout the state joined have
or are in the process of joining LAGM utilizing a “shared services” approach to eliminate upfront and
ongoing program costs and duplication. Further, this approach creates one efficient statewide market,
allowing property owners, lenders and clean energy contractors to utilize a standardized process as
they employ PACE financing in multiple jurisdictions throughout the state.
This documentation package includes the report required by Section 9 of Act 270 and provides model
forms of documents for the PACE program. As many of the details of a PACE transaction are
determined on a project-specific basis, adjustments to the model documents may be required to fit a
particular transaction. Additionally, there are several blanks left in the documents that should be
filled in when the corresponding information is known.
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BENZIE COUNTY, MICHIGAN
PACE PROGRAM REPORT
This Lean & Green Michigan™ PACE Program Report contains the information required by
Section 9 of Act 270. Additional information is available from Benzie County (“Benzie”). The
PACE Program and Report were approved by the Board of Commissioners on May 10, 2023,
subsequent to a public hearing held on April 26, 2023.
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INTRODUCTION
In order to encourage economic development, improve property valuation, increase

employment, reduce energy costs, reduce greenhouse gas emissions and contribute to the public
health and welfare in the Benzie County, the Board of Commissioners established the Benzie
County Property Assessed Clean Energy Program and PACE district pursuant to Public Act No.
270 of 2010 (“Act 270”) by joining Lean & Green Michigan™ (“LAGM,” the “PACE Program”
or “Program”). The PACE Program has identified specific sources of commercial funding to
finance the implementation of energy efficiency improvements, renewable energy systems and
energy projects within the Benzie County PACE district (which is coterminous with the Benzie
County jurisdictional boundaries).
The Board of Commissioners passed a Resolution of Intent to create a PACE Program

and a PACE district by joining the Lean & Green Michigan statewide PACE program on April
12, 2023. The Board published its first version of this PACE Report thereafter, and held a public
hearing on April 26, 2023. The Board passed a Final Resolution adopting this PACE Program
and PACE district on May 10, 2023.
The purpose of this PACE Report (hereinafter the “Report”) is to fulfill the requirements
of Act 270. Section 9 of Act 270 requires a Report that includes: a form of contract between
Benzie and the record owner; identification of an official authorized to enter into program
contracts on behalf of Benzie; a maximum aggregate amount for financing provided by Benzie
under the program; an application process and eligibility requirements; a method for determining
interest rates, repayment periods and the maximum amount of assessment; explanation of how
assessments will be made and collected; a plan for raising capital; information regarding reserve
funds and fees of the program; a requirement that the term of the assessment not exceed the
useful life of the energy project; a requirement of an appropriate ratio of the amount of
assessment to the assessed value of the property; requirement of consent from the mortgage
holder; provisions for marketing and participant education; provisions for adequate debt service
reserve fund; quality assurance and antifraud measures; and a requirement for baseline energy
audits, ongoing savings measurements and performance guarantees for projects over $250,000 in
assessments.
1. Form of PACE Contract
A form of model PACE Special Assessment Agreement is attached as Appendix A.

Individual property owners may negotiate project-specific terms to be included in an actual
agreement based upon the specific energy efficiency and renewable energy improvements to be
financed through the individual agreement, subject to the limitations set forth herein.
2. Authorized Official/PACE Administrator
The Board Chair or his/her designee, (the “Authorized Official”) is authorized to enter
into PACE Program contracts on behalf of Benzie County in consultation with Lean & Green
Michigan, LLC (“LAGM”). The Authorized Official is further authorized to sign any
agreement, documents or certificates necessary to facilitate the participation of property owners
and to facilitate the purposes hereunder.
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As part of Lean & Green Michigan™, LAGM will act as PACE administrator and will
manage Benzie’s PACE Program. LAGM is authorized to negotiate with credit providers and
PACE project participants to facilitate the use of the PACE Program and to assist PACE project
applicants in obtaining owner-arranged financing.
3. Financing Parameters
In establishing its PACE district, Benzie intends for PACE projects to be funded through
owner-arranged private financing. The maximum aggregate annual amount of financing provided
by Benzie in 2022 shall be zero dollars. The maximum aggregate dollar amount for financing
provided by Benzie may be adjusted and/or amended on an annual basis or more frequently by
the Board of Commissioners and will remain at zero dollars unless and until it is changed.
Benzie shall not provide any financing for PACE projects under Benzie's PACE Program.
Benzie's PACE Program shall be solely funded through owner-arranged financing from
commercial lenders, as allowed under Act 270, Section 9(1)(g)(iii). Owner-arranged financing
from commercial lenders is not included under the maximum aggregate annual dollar amount for
financing provided by Benzie under the Program. There is no limit on the maximum aggregate
annual amount of financing provided by private commercial lenders under the program. The
dollar amount for financing of a particular project will be established by the property owner
seeking to make the property improvement and the commercial lender seeking to finance the
energy improvements, as approved by LAGM and the Authorized Official.
4. Application Process/Eligibility Requirements
Application Process:
The application process for financing projects under the Program shall be that of LAGM.
The current application form is attached as SAA Appendix F. This form may be changed or
amended as necessary by LAGM.
Eligibility Requirements:
The eligibility requirements for financing projects under the Program shall be those of
LAGM. Eligibility requirements may be changed or amended as necessary by LAGM. The
current list of eligibility requirements is attached as SAA Appendix A.
5. Financing Terms of Assessments

The interest rate for PACE special assessment installments supplied by commercial
lenders shall be negotiated by the parties based on current market conditions.
The maximum allowable repayment period of a PACE special assessment must be
included in the PACE Special Assessment Agreement and will be determined on a project-
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specific basis and shall not exceed the lesser of the useful life of the energy project paid for by
the assessment or 25 years.
The maximum dollar amount of a PACE special assessment shall be negotiated on a

project-specific basis between the property owner and the entity providing the financing based
upon the specific energy efficiency improvement(s), water efficiency improvement(s) and/or
renewable energy system(s) included in the individual PACE Special Assessment Agreement.
6. Assessment Collection Process
Within the parameters set forth herein, the Authorized Official will authorize one or more
commercial lenders to provide financing to defray all or part of the cost of the energy
improvements by special assessment upon the Special Assessment Parcel, which the Authorized
Official will find is especially benefited in proportion to the costs of the energy improvements.
The Special Assessment Roll, attached as SAA Appendix C, will be spread by the
Authorized Official on behalf of Benzie and without objection by the property owner to allocate
one hundred percent (100%) of the PACE special assessment levy created hereby to the Special
Assessment Parcel.
The PACE special assessment, as allocated by the Authorized Official on behalf of

Benzie without objection by the property owner, will be finally established against the property
and the energy projects to be constructed on the Special Assessment Parcel. The PACE special
assessment will be effective immediately upon the execution of the PACE Special Assessment
Agreement by the property owner. The PACE special assessment may be paid in semi-annual
installments pursuant to Section 13(2) of Act 270. The Authorized Official, on behalf of Benzie,
will confirm the Special Assessment Roll.
The Benzie County Delinquent Tax Revolving Fund (“DTRF”) shall not be used to
advance, satisfy, or pay any delinquent installment of the PACE special assessment, and no
County funds will be used to repay any PACE special assessment placed under this program.
The commercial lender will waive any claim to be able to seek payment from the County through
the DTRF in the PACE Special Assessment Agreement.
7. Financing Program
LAGM has developed and will continue to develop an active roster of financial
institutions, institutional investors and other sources of private capital available to finance PACE
projects in Michigan. By participating in LAGM, Benzie helps its constituent property owners
gain access to private capital made available through the statewide program. Benzie authorizes
the use of owner-arranged financing from commercial lenders to finance qualified energy
projects under the Program.
8. Reserve Fund
By participating in LAGM, Benzie assists its constituent property owners in taking

advantage of any and all appropriate loan loss reserve and gap financing programs of the
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Michigan Economic Development Corporation (“MEDC”) and other federal and state entities.
Such financing mechanism can be used to finance a reserve fund if deemed necessary and
appropriate by Benzie.
9. Fee Schedule
Application, administration and program fees for record owners shall be those of LAGM.
Administration and program fees will be determined on a project-specific basis and will depend
on the size, nature and complexity of the energy project(s) and financing mechanism(s) involved.
10. Useful Life
The maximum length of time allowable for repayment of a PACE assessment shall not
exceed the lesser of the useful life of the energy project paid for by the assessment or 25 years
and will be determined on a project-specific basis by LAGM. Projects involving multiple energy
efficiency improvements and/or renewable energy systems may aggregate the useful life of each
improvement to determine an overall useful life figure for financing purposes. In aggregating
the improvements, the property owner must appropriately weigh each improvement’s dollar cost.
11. Property Eligibility Parameters
The ratio of the amount of the assessment to the market value of the property must be
appropriate and shall be set forth in the PACE Special Assessment Agreement for each project.
Additionally, the overall indebtedness on the property must be appropriate. In calculating the
appropriate ratios, the property owner and the lender providing the financing may determine the
market value of the property using either: 1) the market value of the property before the PACE
project as agreed to by the property owner and the lender providing the financing using a proper
measure such as a recent appraisal or two times the State Equalized Value; or 2) the market value
of the property upon completion of the PACE project as agreed to by the property owner and the
lender providing the financing using a proper measure such as an appraisal of the “as
completed” value of the property or the current market value of the property plus 75% of the
value of the PACE project.
In calculating the appropriate ratio of the amount of the assessment to the market value of
the property, the cost of the energy project (excluding closing costs and interest) shall generally
not exceed 25% of the market value of the property.
In calculating the appropriate ratio of total indebtedness on the property, if the property
owner and the lender providing financing calculate an appropriate ratio using the market value of
the property before the PACE project, prior debt secured by the building plus the PACE loan
shall generally not exceed 95% of the market value of the property. If the property owner and the
lender providing financing calculate an appropriate ratio using the market value upon completion
of the PACE project, prior debt secured by the building plus the PACE loan shall generally not
exceed 90% of the market value of the property.
LAGM and the Authorized Official may permit projects that exceed these values for
reasonable cause on a case-by-case basis, and in such cases must include a letter of explanation
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as an addendum to the Special Assessment Agreement.
12. Mortgage Consent Requirement
If a property is subject to a mortgage the record owner must obtain written consent from
the mortgagee to participate in the Program. Proof of lender consent must be submitted before a
Special Assessment Agreement may be executed. A form of lender consent to participate in a
PACE Program is attached as SAA Appendix H.
13. Marketing Program
LAGM has developed an ongoing marketing and participant education program. By

joining LAGM, Benzie gains access to this program and agrees to partner with LAGM in
educating businesses in Benzie about opportunities to save energy, save money and improve
their property value. The County authorizes the use of Benzie’s logo by LAGM to be
incorporated into the LAGM website and other communication vehicles. More information
regarding the Program can be obtained at LAGM’s website: www.leanandgreenmi.com; or at
Benzie’s website at https://www.benzieco.net/
14. Quality Assurance and Antifraud Measures
LAGM includes the following quality assurance and antifraud measures:
i. Business integrity review on clean energy contractors conducted by

Michigan Saves;
ii. Background check process on clean energy contractors conducted by

Michigan Saves; and
iii. Other general due diligence as may be necessary or required.

15. Audit Requirement
As set forth in the PACE Program Application, a baseline energy audit must be
completed before an energy project is undertaken. Each contract will require and provide
adequate funding for monitoring and verification of energy savings throughout the life of the
special assessment.
16. Projects Over $250,000
As set forth in the PACE Special Assessment Agreement, energy projects financed with
more than $250,000 require ongoing measurements to establish energy savings and a guarantee
from the contractor that the energy project will achieve a savings to investment ratio greater than
one.
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17. Amendments to the Program
A public hearing shall not be required to amend this Program. LAGM may amend the
Benzie PACE program as necessary from time to time, in consultation with Benzie and upon
approval of the Benzie Board of Commissioners of any such amendment.
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APPENDIX A
SPECIAL ASSESSMENT AGREEMENT
________________________________________SPACE ABOVE FOR RECORDING PURPOSES____________________________________
PACE SPECIAL ASSESSMENT AGREEMENT

(OWNER-ARRANGED FINANCING)
by and among
BENZIE COUNTY, MICHIGAN
and
PROPERTY OWNER
and
PACE LENDER
Dated: _____________________
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Benzie County PACE Special Assessment Agreement
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS ....................................................................................................12

ARTICLE II DESCRIPTION OF IMPROVEMENTS ...........................................................14
ARTICLE III COVENANTS OF THE PROPERTY OWNER ..............................................14
ARTICLE IV PACE SPECIAL ASSESSMENT ....................................................................15
ARTICLE V CONDITIONS PRECEDENT ...........................................................................20
ARTICLE VI REPRESENTATIONS AND WARRANTIES ................................................21
ARTICLE VII DEFAULT .......................................................................................................23
ARTICLE VIII MISCELLANEOUS ......................................................................................24
APPENDIX:
APPENDIX A: PROGRAM ELIGIBILITY REQUIREMENTS

APPENDIX B: SPECIAL ASSESSMENT PARCEL DESCRIPTION
APPENDIX C: SPECIAL ASSESSMENT ROLL
APPENDIX D: PAYMENT SCHEDULE
APPENDIX E: DESCRIPTION OF IMPROVEMENTS
APPENDIX F: LEAN & GREEN MICHIGAN PACE PROGRAM APPLICATION
APPENDIX G: FORM OF CERTIFICATE OF ASSIGNMENT
APPENDIX H: FORM OF LENDER CONSENT
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PACE SPECIAL ASSESSMENT AGREEMENT

(OWNER-ARRANGED FINANCING)
THIS PACE SPECIAL ASSESSMENT AGREEMENT (this “Agreement”) is made

this [INSERT DATE] among Benzie County, a Michigan county corporation (the “County”),
whose address is 448 Court Place, Beulah, MI 49617, PROPERTY OWNER, a Michigan limited
liability company (the “Property Owner”), whose address is INSERT ADDRESS, and PACE
LENDER, a Michigan limited liability company (the “Lender”), whose address is INSERT
ADDRESS.
RECITALS:
A. Pursuant to Act 270 and a resolution adopted by the Benzie County Board of
Commissioners on [INSERT DATE], Benzie has established the PACE Program as described in
the PACE Program Report and has created the Special Assessment District under the PACE
Program for the purpose, inter alia, of assisting a record owner of property within the Special
Assessment District in obtaining Owner-Arranged Financing from a commercial lender to defray
the costs of one or more Energy Projects on the property.
B. Under Act 270, Benzie County is authorized, pursuant to an agreement with the
record owner of property within the Special Assessment District, to impose a special assessment
on the property to be benefitted by the Energy Projects in order to secure and provide for the
repayment of the Owner-Arranged Financing.
C. The Property Owner desires to undertake certain Energy Projects on commercial

property of the Property Owner located within the Special Assessment District, as described
herein, and has obtained a commitment from the Lender to make the Loan to the Property Owner
to defray its cost.
D. In order to induce the Lender to make the Loan to the Property Owner, the
Property Owner has requested that Benzie County enter into this Agreement to impose a special
assessment on the property to be benefitted by the Energy Projects, in accordance with Act 270,
which special assessment will secure and provide for repayment of the Loan from the Lender.
E. Pursuant to Act 270 and the PACE Program, Benzie County is authorized to enter
into this Agreement.
In consideration of the foregoing and the mutual covenants contained in this Agreement,
the County, the Property Owner and the Lender agree that:
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ARTICLE I
DEFINITIONS
Section 1.01 Definitions. Capitalized terms used in this Agreement and Recitals shall
have the meanings stated in Act 270 and as stated immediately below, except to the extent the
context in which they are used requires otherwise:
(a) “Act 270” means Act 270 of the Michigan Public Acts of 2010, commonly
referred to as the Property Assessed Clean Energy Act, MCL 460.931 et seq.
(b) “Agreement” means this PACE Special Assessment Agreement as same may be
amended and/or restated.
(c) “Applicable Interest Rate” means the per annum rate of interest specified in the
Loan Documents at which the Special Assessment Roll bears interest as calculated by the Lender
in accordance with the provisions of Section 4.01 of this Agreement.
(d) “Authorized Official” means the [NAME], or his/her designee, who is authorized
to exercise the authority of an Authorized Official under the terms of the PACE Program Report.
(e) “Default Rate” means the rates dictated for counties by the Michigan General
Property Tax Act of 1893 as amended (MCL 211.78a and 211.78g).
(f) “Energy Efficiency Improvement” means equipment, devices, or materials

intended to decrease energy consumption, including, but not limited to, all of the following:
insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems; storm
windows and doors; multi-glazed windows and doors; heat-absorbing or heat-reflective glazed
and coated window and door systems; and additional glazing, reductions in glass area, and other
window and door system modifications that reduce energy consumption; automated energy
control systems; heating, ventilating, or air-conditioning and distribution system modifications or
replacements; caulking, weather-stripping, and air sealing; replacement or modification of
lighting fixtures to reduce the energy use of the lighting system; energy recovery systems; day
lighting systems; installation or upgrade of electrical wiring or outlets to charge a motor vehicle
that is fully or partially powered by electricity; measures to reduce the usage of water or increase
the efficiency of water usage; and any other installation or modification of equipment, devices,
or materials approved as a utility cost-savings measure by the Benzie County Board of
Commissioners.
(g) “Energy Project” means the installation or modification of an Energy Efficiency

Improvement or the acquisition, installation, or improvement of a Renewable Energy
Improvement.
(h) “Event of Default” has the meaning set forth in Section 7.01 hereof.
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(i) “Force Majeure” means unforeseeable events beyond a party’s reasonable

control and without such party’s failure or negligence including, but not limited to, acts of God,
acts of public or national enemy, acts of the federal government, fire, flood, epidemic, quarantine
restrictions, strikes and embargoes, labor disturbances, the unavailability of raw materials, and
delays of contractors due to such causes, but only if the party seeking to claim Force Majeure
takes reasonable actions necessary to avoid delays caused thereby.
(j) “General Property Tax Act” means the General Property Tax Act, Act 206,
Public Acts of Michigan, 1893, as amended.
(k) “Improvements” means the Energy Efficiency Improvements and the Renewable
Energy Improvements being undertaken by the Property Owner on the Special Assessment
Parcel as described in Appendix E attached hereto.
(l) “LAGM” shall mean Lean & Green Michigan, LLC, a Michigan limited liability
company.
(m) “Lean & Green Michigan™” means a statewide property assessed clean energy
program open to all local units of government operated as a public-private partnership by LAGM
in order to facilitate property assessed clean energy program-financed transactions.
(n) “Lender” has the meaning set forth in the preamble.
(o) “Loan” means the loan obtained by the Property Owner from the Lender pursuant
to Owner-Arranged Financing to defray a portion of the cost of the Improvements under the
terms of the Loan Documents.
(p) “Loan Documents” means the Loan Agreement, dated as of [INSERT DATE],
between the Property Owner and the Lender and any and all exhibits or attachments thereto,
including any documents amending, restating, replacing, extending or otherwise modifying the
Loan Agreement and all documents provided to the Lender from time to time by the Property
Owner to evidence or secure the Loan as required pursuant to the terms of the Loan Agreement.
(q) “Owner-Arranged Financing” means the process by which a property owner

secures financing for improvements to its property that does not involve bonds or any other form
of funding provided by the County.
(r) “PACE Program” shall mean the property assessed clean energy program
implemented by the County pursuant to Act 270 and the PACE Program Report to stimulate
energy efficiency and renewable energy projects in conformity with Act 270.
(s) “PACE Program Report” means the Lean & Green Michigan™ PACE Program
Report approved by the Benzie County Board of Commissioners on [INSERT DATE], including
any amendments or changes thereto made before the date of this Agreement.
(t) “Payment Schedule” has the meaning set forth in Section 4.01 hereof.
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(u) “Property Owner” has the meaning set forth in the preamble.
(v) “Renewable Energy Improvement” means a fixture, product, device, or

interacting group of fixtures, products, or devices on the customer’s side of the meter that use one
(1) or more renewable energy resources to generate electricity, gas, or other power. Renewable
Energy Improvement includes a biomass stove but does not include an incinerator or digester.
(w) “Special Assessment” means the money obligation created pursuant to this
Agreement with respect to the Special Assessment Parcel used to defray the cost of the
Improvements and which shall, together with all interest, charges and penalties which may accrue
thereon, be a lien upon the Special Assessment Parcel of the same priority and status as other
property tax liens and other assessment liens as provided in Act 270 until such amounts have been
paid in full.
(x) “Special Assessment District” means the Special Assessment District established
as part of the PACE Program pursuant to Act 270.
(y) “Special Assessment Parcel” means the property located in the Special
Assessment District to which one hundred percent (100%) of the Special Assessment has been
spread by the County and which is more particularly described on the attached Appendix B.
(z) “Special Assessment Roll” has the meaning set forth in Section 4.01 hereof.
ARTICLE II
DESCRIPTION OF IMPROVEMENTS
Section 2.01 Description of Improvements. The Improvements to be acquired,

constructed, installed and financed by the Property Owner under the PACE Program are
described in Appendix E attached hereto. If after project approval, the Property Owner seeks to
undertake additional Improvements, Appendix E may be amended or supplemented from time to
time. Such additional Improvements must meet all the eligibility criteria of the PACE Program
and the PACE Program Report and may be added to the original application as a modification, or
submitted as a new project, at the discretion of LAGM and the Authorized Official.
ARTICLE III
COVENANTS OF THE PROPERTY OWNER
Section 3.01 Acquisition, Construction and Installation of Improvements.
(a) The Property Owner covenants and agrees to acquire, construct and install the
Improvements as described in Appendix E on the Special Assessment Parcel described on
Appendix B in full conformity with all applicable laws and regulations and in compliance with
the PACE Program eligibility requirements set forth in Appendix A. If the proceeds of the Loan
are not sufficient to pay the costs of the Improvements as aforesaid, the Property Owner agrees
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to complete the Improvements and to pay that portion of the costs of the Improvements in excess
of the amount of the Loan. The Property Owner acknowledges and agrees that the County
makes no representation, either express or implied, that the proceeds of the Loan will be
sufficient to pay the total costs of the Improvements, and the Property Owner agrees that if, after
exhaustion of the proceeds of the Loan, the Property Owner shall be required to pay any portion
of the costs of the Improvements from its own funds, the Property Owner shall not be entitled to
any reimbursement therefor from County or from the Lender, nor shall the Property Owner be
entitled to any abatement or diminution of the amount of the Special Assessment created by this
Agreement or of any interest, charges or penalties which may accrue thereon.
(b) To provide for monitoring and verification of the Energy Project, the Property
Owner has created an Energy Star Portfolio Manager account and has linked this account to the
LAGM Energy Star Portfolio Manager account. The Property Owner has entered all electricity
bills for the Special Assessment Parcel for the year (12 consecutive months) immediately
preceding the installation of the Energy Project. The Property Owner further agrees to enter its
electricity bills for the duration of the Agreement on an annual basis. Annual electricity bills for
the Special Assessment Parcel will be entered into the Property Owner’s Energy Star Portfolio
Manager account by January 31 of each year after the year for which the electricity bills are to be
entered.
ARTICLE IV
PACE SPECIAL ASSESSMENT
Section 4.01 PACE Special Assessment Created.
(a) At the request of the Property Owner, the County hereby determines to assist the
Property Owner in obtaining the Loan to defray a portion of the cost of the Improvements on the
Special Assessment Parcel by the levy of the Special Assessment upon the Special Assessment
Parcel, which the Authorized Official on behalf of the County finds is especially benefited in
proportion to the cost of the Improvements. The Special Assessment created hereby has been
spread by the Authorized Official on behalf of the County on the Special Assessment Roll
attached hereto as Appendix C (the “Special Assessment Roll”), with the consent of the
Property Owner, to allocate one hundred percent (100%) of the Special Assessment to the
Special Assessment Parcel.
(b) The Special Assessment, as allocated by the Authorized Official with the consent
of the Property Owner, is hereby finally established and levied against the Special Assessment
Parcel as described on the attached Appendix B in the principal amount of [INSERT LOAN
AMOUNT] as stated on the Special Assessment Roll. The Special Assessment is effective
immediately upon the execution and delivery of this Agreement by the Property Owner. The
Special Assessment shall be paid by the Property Owner in [NUMBER] semi-annual
installments on the dates and in the amounts set forth in the payment schedule attached hereto as
Appendix D (the “Payment Schedule”). The Special Assessment Roll and the Payment
Schedule are hereby confirmed by the Authorized Official on behalf of the County. The unpaid
amount of the Special Assessment Roll shall bear interest from the date of execution and
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delivery of this Agreement at the Applicable Interest Rate, as calculated by the Lender in
accordance with the terms of the Loan Documents, payable by the Property Owner semi-
annually on each date on which any installment of the Special Assessment is due in accordance
with the Payment Schedule. Notwithstanding the foregoing, (i) if any installment of the Special
Assessment or any interest due and payable on the Special Assessment Roll is not paid by the
Property Owner when and as the same shall become due and payable in accordance with the
provisions of this Section 4.01 or (ii) any “event of default” under the Loan Documents has
occurred and is continuing, the unpaid amount of the Special Assessment Roll shall bear interest
at the Default Rate as calculated by the Lender in accordance with the terms of the Loan
Documents, for as long as such amounts remain unpaid or for so long as such “event of default”
under the Loan Documents exists and is continuing. The Count, the Property Owner and the
Lender agree that the Lender shall be solely responsible for the determination from time to time
of the Applicable Interest Rate and the Default Rate and the amount of interest due and payable
by the Property Owner on the Special Assessment Roll on each day on which interest thereon is
due and payable as provided in this Agreement, and the Lender’s determination thereof shall be
binding on the Property Owner absent manifest error. The Property Owner and the Lender agree
that the Count shall under no circumstance have any obligation to determine the Applicable
Interest Rate or the Default Rate or to calculate the amount of any interest payment due on the
Special Assessment Roll as provided in this Agreement, and the Count may conclusively rely
upon the Lender’s determinations thereof for the purpose of exercising and discharging all of the
County’s rights and obligations under this Agreement. The Lender agrees to provide, or cause to
be provided, notice to the Property Owner and the Count of the determinations of the Applicable
Interest Rate and the Default Rate, as applicable, pursuant to this Section 4.01(b) at such times,
and from time to time, as the Property Owner or the County may request.
Section 4.02 Assignment of Special Assessment Payments to Lender. At the request

of the Property Owner and the Lender, and pursuant to Section 9(g)(iii) of Act 270, the County
hereby irrevocably assigns to the Lender its right to receive all installments of the Special
Assessment required to be paid by the Property Owner pursuant to this Agreement, whether in
accordance with the Payment Schedule or upon prepayment of the Special Assessment in whole
or in part in accordance with Section 4.06 of this Agreement, together with all payments of
interest due and payable on the Special Assessment Roll at the Applicable Interest Rate or the
Default Rate, as the case may be, as provided in Section 4.01(b) of this Agreement. In pursuance
of the foregoing, the County, the Property Owner and the Lender agree that, except as provided
in Section 4.05 of this Agreement, (i) all installments of the Special Assessment, whether
payable in accordance with the Payment Schedule or upon prepayment of the Special
Assessment in whole or in part in accordance with Section 4.06 of this Agreement, together with
all payments of interest due and payable upon the Special Assessment Roll at the Applicable
Interest Rate or the Default Rate, as the case may be, shall be paid by the Property Owner
directly to the Lender when due at such address in the United States as may be designated by the
Lender in writing to the Property Owner and the County; (ii) the County shall have no obligation
or duty to include any installments of the Special Assessment on any tax bill issued by the
County or to bill, collect or remit to the Lender any installments of the Special Assessment or
any interest due and payable upon the Special Assessment Roll; and (iii) absent receipt by the
County of written notice from the Lender of a payment default in accordance with Section 4.05
hereof, the County shall be entitled to conclusively presume that all installments of the Special
16
Assessment and all payments of interest due and payable on the Special Assessment Roll have
been made by the Property Owner to the Lender when due as required by the terms of this
Agreement.
Section 4.03 Property Owner’s Consent to Special Assessment; Waiver.
(a) The Property Owner hereby irrevocably consents to and confirms the creation of
the Special Assessment Roll and the levy of the Special Assessment established pursuant to this
Agreement and EXPRESSLY WAIVES ANY AND ALL CLAIMS CHALLENGING AND
DEFENSES TO, THE LEGALITY, VALIDITY, ENFORCEABILITY OR COLLECTABILITY
OF THE SPECIAL ASSESSMENT, including, but not limited to, claims arising from, relating to
or otherwise based upon any theory of procedural defect concerning the approval of the
Improvements, the establishment of the Special Assessment District, confirmation of the Special
Assessment Roll and the Payment Schedule, the County’s right to place the Special Assessment
lien on the Special Assessment Parcel, the collectability and due dates of the Special Assessment
installments and interest due and payable on the Special Assessment Roll, or any other theory or
claim. The Property Owner further waives notice of hearing and the right to file objections if
and to the extent such rights exist under any special assessment ordinance of the County.
(b) Following the signing of this Agreement, no suit or action of any kind shall be
instituted or maintained for the purpose of contesting or enjoining the collection of the Special
Assessment, and the Property Owner, for itself and its successors in interest, lessees, purchasers,
and assigns with respect to all or any part of the Special Assessment Parcel, hereby irrevocably
waives its rights to contest the Special Assessment with any adjudicative body having
jurisdiction over the subject matter, including, but not limited to, the Michigan Tax Tribunal.
(c) In addition to any conditions, covenants, warranties and representations specified

in the Loan Documents, the Property Owner shall not sell, transfer, alienate or convey any of its
interest in the Special Assessment Parcel without first having given written notice of the Special
Assessment to any successors in interest, lessees, purchasers or assigns and having made a copy
of this Agreement part of any purchase contract, sale contract, lease agreement, deed or any other
conveyancing instrument by which the Property Owner purports to assign all or any part of its
interest in the Special Assessment Parcel to any successors in interest, lessees, purchasers,
transferees, licensees and assigns. This Agreement shall be recorded against the real property
constituting the Special Assessment Parcel by the PACE lender with the Register of Deeds of
Benzie County, State of Michigan.
(d) The Property Owner agrees that it, its successors and assigns shall, during the
term of this Agreement and the Special Assessment, pay all ad valorem real property taxes and
assessments levied against the Special Assessment Parcel when due and the Property Owner
specifically waives, irrevocably for itself, its successors and assigns as to any and all portions of
the Special Assessment Parcel, the right to pay ad valorem real property taxes and assessments
on any other installment method which may be available to property owners in the County.
(e) The County agrees that following (i) payment by the Property Owner in full of the
Special Assessment, together with all accrued interest on the Special Assessment Roll, and all
17
other interest, charges and penalties which may accrue thereon, and (ii) receipt by the County of
written acknowledgment from the Lender that the Special Assessment, together with all accrued
interest on the Special Assessment Roll, has been paid to the Lender in full, it will promptly
execute and deliver documentation discharging the lien of the Special Assessment on the Special
Assessment Parcel. Until the Special Assessment liability has been fully satisfied and the lien
discharged, each purchaser of all or any part of the Special Assessment Parcel, as a condition of
closing on such purchase, shall execute and deliver to the County a written notice: (i)
acknowledging the principal amount unpaid and outstanding on the Special Assessment; (ii)
agreeing to the assumption of the liability to pay the Special Assessment, and any interest
thereon, on a timely basis, when due, until the remaining balance and interest on said Special
Assessment has been paid in full; (iii) acknowledging that the title insurance policy will state that
the Special Assessment has not been paid at time of closing thereon; and (iv) agreeing to pay to
the Lender at or prior to the close of the purchase all past due installments of the Special
Assessment and all past due payments of interest on the Special Assessment Roll. The
representations set forth in such written notice shall be enforceable at law and in equity,
including without limitation, by way of specific performance.
Section 4.04 Lien. The Special Assessment is an obligation with respect to the Special
Assessment Parcel, and shall, until paid, be a lien upon the Special Assessment Parcel for the
amount of the Special Assessment and all interest, charges and penalties that may accrue thereon.
Such lien shall be of the same character and effect as liens created pursuant to the ordinances of
the County for County taxes and shall be treated as such with respect to procedures for collection
as set forth in the General Property Tax Act and the ordinances of the County, including accrued
interest, charges and penalties. The Special Assessment confirmed hereby is a debt to the
County from the Property Owner and its successors in interest, lessees, purchasers and assigns.
The right of the County to receive all installments of the Special Assessment required to be paid
by the Property Owner pursuant to this Agreement, together with all payments of interest due
and payable on the Special Assessment Roll at the Applicable Interest Rate or the Default Rate,
as the case may be, as provided in Section 4.01, has been irrevocably assigned by the County to
the Lender in accordance with the provisions of Section 4.02 of this Agreement. No judgment or
decree shall destroy or impair any lien of the County upon the premises assessed for such amount
of the Special Assessment as may have been equitably or lawfully charged and assessed thereon.
Failure of the Property Owner or any subsequent property owner to receive any notice required
to be sent under the provisions of the ordinances of the County or this Agreement shall not
invalidate the Special Assessment or the Special Assessment Roll and shall not be a
jurisdictional requirement.
Section 4.05 Payment Default.
(a) If any installment of the Special Assessment or interest due on the Special
Assessment Roll shall not have been paid by the Property Owner to the Lender, as assignee of
the County, at the time and in the amount required by Section 4.01 hereof (a “Payment Default”),
the Lender shall, within thirty (30) days following the date such sums were due and payable (the
“Payment Default Date”), deliver written notice to the County stating all of the following: (i) that
a Payment Default has occurred under this Agreement; (ii) the Payment Default Date; (iii) the
amount of the Special Assessment that was due and payable as of the Payment Default Date and
18
which remains unpaid and the amount of interest on the Special Assessment Roll that was due
and payable as of the Payment Default Date and which remains unpaid (collectively, the
“Payment Default Amount”); and (iv) an attestation by an authorized officer of the Lender that
the statements contained in the foregoing notice are true, correct and complete as of the date of
such notice. Upon receipt of such notice from the Lender, the County shall take such actions as
may be required to cause the Payment Default Amount to be certified for collection on the
summer or winter tax bill next succeeding the Payment Default Date, and such Payment Default
Amount shall be collected at the same time and in the same manner as is prescribed for the
collection of the County taxes under the General Property Tax Act and the ordinances of the
County. The County may assess a fee for delinquent taxes, interest, penalties, and fees as
provided under General Property Tax Act Section 211.78. Notwithstanding the foregoing
provisions of this Section 4.05(a), if the County shall determine that the notice of the Lender
described in this Section 4.05(a) was not received by the County in sufficient time to permit the
Payment Default Amount to be placed for collection on the summer or winter tax bill next
succeeding the Payment Default Date, such Payment Default Amount shall be certified for
collection on the next summer or winter tax bill issued thereafter. The County shall be entitled to
conclusively rely upon any notice of the Lender delivered pursuant to this Section 4.05(a) as to
the existence of a Payment Default and as to the Payment Default Amount, and shall not be
liable to the Property Owner or to any other person for any action taken by the County pursuant
to the terms of this Agreement or otherwise in reliance upon the information contained in such
notice. Absent receipt by the County of written notice from the Lender of a Payment Default in
accordance with this Section 4.05(a), the County shall be entitled to presume conclusively that
all installments of the Special Assessment and all payments of interest due and payable on the
Special Assessment Roll have been made by the Property Owner to the Lender when due as
required by the terms of this Agreement, and the County shall have no obligation or duty to
include any installments of the Special Assessment on any tax bill issued by the County or to
bill, collect or remit to the Lender any installments of the Special Assessment or any interest due
and payable upon the Special Assessment Roll.
(b) The County hereby agrees that, pursuant to the assignment set forth in Section
4.04, it will cause to be paid over to the Lender all amounts received by the County from the
Benzie County Treasurer as collections of any Payment Default Amount within forty-five (45)
days of the date such sums are received by the County from the Benzie County Treasurer. The
parties hereto expressly acknowledge and agree that in no event shall the County advance to the
Lender the amount of any unpaid Payment Default Amount, and the County shall be obligated to
pay over to the Lender only such sums as are actually received by the Benzie County Treasurer
as collections of any Payment Default Amount.
(c) In the event that any interest, penalties, fees or other charges shall be imposed
upon the Special Assessment Parcel or against the Special Assessment Roll or the amount of any
unpaid Special Assessment pursuant to the ordinances of the County or the General Property Tax
Act, by Benzie County, Michigan, for the administration, billing, collection or enforcement of
the Special Assessment created hereby, such amounts shall remain a debt of the Property Owner
to Benzie County, Michigan, as their interests may appear, and shall not be deemed to have been
assigned to the Lender pursuant to the terms of this Agreement or otherwise.
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(d) The Lender hereby agrees and acknowledges that it shall have no right, and if
such right were to be found to exist, hereby waives such right, to seek payment of any delinquent
installment of the Special Assessment, and any interest, penalties, fees, or other charges, through
the Benzie County Delinquent Tax Revolving Fund (“DTRF”), or any subsequent County fund
which may replace the DTRF, or any other County funds.
Section 4.06 Prepayment of Special Assessment. Subject to the provisions of the

Loan Documents, including, without limitation, prepayment penalties, if any, the Property
Owner may, upon sixty (60) days’ written notice to the Lender and the County, prepay any
installment of the Special Assessment specified in the Payment Schedule by causing to be paid to
the Lender the amount of the installment to be prepaid, together with accrued interest thereon to
the date of prepayment. If such prepayment of any installment is not received by the Lender on
the date specified for prepayment, the Lender shall promptly deliver written notice to the County
that such prepayment was not received by the Lender.
Section 4.07 Invalidity; Cure. In the event of any invalidity of the Special
Assessment, the Authorized Official, at the request of the Lender, and if the County shall have
received indemnity satisfactory to the Authorized Official for its costs and expenses (including
reasonable attorneys’ fees), shall cause a new Special Assessment to be made for all or any part
of the Improvements in accordance with Act 270 and the PACE Program as reasonably
determined by the Authorized Official. The Property Owner, on behalf of itself and its successors
in interest, lessees, purchasers, and assigns, hereby waives any objections to and agrees to the
imposition of such new Special Assessment; provided, however, that the amount of the new
Special Assessment shall not exceed the unpaid principal amount of the Loan at the time the new
Special Assessment shall be established.
Section 4.08 Benzie County or Benzie County Treasurer Becoming Owner of the
Special Assessment Parcel. In the event that the County Treasurer takes ownership of the
Special Assessment Parcel by operation of law, the County Treasurer and the Lender agree that
while the lien on the Special Assessment Parcel will remain in full force and effect, and all
principal, interest, penalties, fees, and other charges, either based on Michigan Compiled Laws
or the Loan Documents will continue to accrue during the period of time that the County
Treasurer owns the Special Assessment Parcel. No loan or special assessment payments,
including interest, penalties, fees or other charges, are required to be paid or will be accrued by
the County Treasurer to the Lender. Any and all principal, interest, penalties, fees, and other
charges which accrue during the period by which the County Treasurer own the Special
Assessment Parcel will, in the sole and unlimited discretion of the Lender, either be: (1)
considered immediately due and payable by any person or entity who purchases the Special
Assessment Parcel from the County Treasurer, and no sale or transfer of the Special Assessment
Parcel is valid unless and until all principal, interest, penalties, fees, and other charges have been
paid by the subsequent owner of the Special Assessment Parcel; or (2) capitalized into the
outstanding principal balance of the Special Assessment, causing the Lender to provide a revised
Payment Schedule in an amount necessary to amortize the new outstanding principal balance of
the Special Assessment over the remaining number of payments. The lien created by the Special
Assessment shall not be extinguished or released until all necessary principal and interest
20
payments, as well as all penalties, fees, and other charges, as determined solely by Lender, have
been paid and received by Lender.
ARTICLE V
CONDITIONS PRECEDENT
Section 5.01 Conditions Precedent to the County’s Obligations.
The obligations of the Count under this Agreement shall be subject to the satisfaction of
the following conditions precedent on or prior to the date of execution and delivery of this
Agreement by the County, unless waived in writing by the County:
(a) The County, the Property Owner and the Lender shall have authorized, executed
and delivered this Agreement and all approvals required hereby shall have been secured.
(b) No action, suit, proceeding or investigation shall be pending before any court,
public board or body to which the Property Owner or the County is a party, or shall be threatened
in writing against the Property Owner or the County, contesting the validity or binding effect of
this Agreement, the Special Assessment or the Owner-Arranged Financing contemplated hereby,
or which, if adversely decided, could have a material adverse effect upon the ability of the
Property Owner to pay or the County to levy the Special Assessment or to assign to the Lender
the right to receive payments of the Special Assessment, or which could have a material adverse
effect on the ability of the Property Owner or the County to comply with any of the obligations
and terms of this Agreement.
(c) There shall be no ongoing breach of any of the covenants and agreements of the
Property Owner required to have been observed or performed by the Property Owner under the
terms of this Agreement and no Event of Default by the Property Owner, and no event which,
with the passage of time or the giving of notice or both could become an Event of Default by the
Property Owner under this Agreement, shall have occurred.
(d) All documents, schedules, materials, maps, plans, descriptions and related matters
which are contemplated to be made Appendices to this Agreement shall have been fully
completed by the Property Owner to the County’s reasonable satisfaction and such Appendices
shall be true, accurate and complete.
(e) The Property Owner shall meet all eligibility requirements as set forth in
Appendix A.
(f) The Property Owner and the Lender shall have authorized, executed and delivered
the Loan Documents, and the Lender shall have funded the Loan in accordance with the terms of
the Loan Documents.
(g) The Property Owner shall not have filed for bankruptcy or sought the protections
of any state or federal insolvency law providing protections to debtors.
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(h) The Property Owner shall have obtained consent from each holder of a mortgage
interest or lien upon the Special Assessment Parcel prior to the execution and delivery of this
Agreement in substantially the form set forth in the PACE Program Report.
ARTICLE VI
REPRESENTATIONS AND WARRANTIES
Section 6.01 Representations and Warranties of the County.
The County represents and warrants to the Property Owner that, as of the date of this
Agreement:
(a) The execution and delivery of this Agreement has been duly authorized by the
County, and this Agreement complies with Act 270 and constitutes a valid and binding
agreement of the County, enforceable against the County in accordance with its terms, except as
enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance or other laws
affecting creditors’ rights generally, now existing or hereafter enacted, and by the application of
general principals of equity, including those relating to equitable subordination.
(b) Neither the execution and delivery of this Agreement nor the consummation of
the transaction contemplated herein is in violation of any provision of any existing law,
ordinance, rule, resolution or regulation to which the County is subject, or any agreement to
which the County is a party or by which the County is bound, or any order or decree of any court
or governmental entity by which the County is subject.
(c) There are no delinquent taxes, special assessments, or water or sewer charges on
the Special Assessment Parcel that will be assessed under this Agreement; and there are no
delinquent assessments on the Special Assessment Parcel under a PACE program.
Section 6.02 Representations and Warranties of the Property Owner.
The Property Owner represents and warrants to the County and the Lender that:
(a) The Property Owner is duly organized and validly existing as a limited liability
company in good standing under the laws of the State of Michigan, with power under the laws of
the State of Michigan to carry on its business as now being conducted, and is duly qualified to do
business in the State of Michigan; and the Property Owner has the power and authority to own
the Special Assessment Parcel and to carry out its obligation to complete the Improvements.
(b) The execution and delivery of this Agreement will not result in a violation or
default by the Property Owner of any provision of its Articles of Organization or Operating
Agreement, or under any indenture, contract, mortgage, lien, agreement, lease, loan agreement,
note, order, judgment, decree or other instrument of any kind or character to which it is a party
and by which it is bound, or to which it or any of its assets are subject.
22
(c) The Property Owner is the sole and exclusive legal and equitable title owner of
fee simple title to the Special Assessment Parcel and the Improvements located, or to be located,
thereon and has full legal power and authority to consent to the finalization and levying of the
Special Assessment as provided herein.
(d) The execution and delivery of this Agreement and the consummation of the
transactions contemplated hereby have been duly authorized by all requisite action, and this
Agreement has been duly executed and delivered by the Property Owner and constitutes a valid
and binding agreement enforceable against the Property Owner in accordance with its terms,
except as enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance or
other laws affecting creditors’ rights generally, now existing or hereafter enacted, and by the
application of general principles of equity, including those relating to equitable subordination.
(e) Property Owner warrants and agrees that any contractual, legal or other disputes
between it and the Lender--other than matters specifically related to enforcement of property tax
obligations--or the contractor involved in the Improvements, do not involve the County, and
Property Owner agrees to hold the County and its agents, including but not limited to LAGM,
harmless from any such disputes or causes of action.
(f) The Property Owner, the Special Assessment Parcel and the Improvements satisfy
all of the PACE Program eligibility and program requirements set forth in Appendix A.
Section 6.03 Representations and Warranties of the Lender.
The Lender represents and warrants to the County that:
(a) The Lender has experience in the market for property assessed clean energy
programs and assessments and is capable of evaluating the merits and risks of its participation in
the Owner-Arranged Financing contemplated by this Agreement.
(b) The Lender has made its own independent investigation of the Property Owner,
the terms of this Agreement, the nature of the Special Assessment created hereby and the
procedures for the collection and enforcement of the Special Assessment under this Agreement
and the laws of the State of Michigan, and is not relying on the County, its agents, attorneys or
employees for any of such information or with respect to the sufficiency and scope of such
investigation. The Lender has not received, and is not relying on, any representations of the
County with respect to the Property Owner.
(c) Lender warrants and agrees that any contractual, legal or other disputes between it
and Property Owner--other than matters specifically related to enforcement of property tax
obligations--do not involve the County, and Lender agrees to hold the County and its agents,
including but not limited to LAGM, harmless from any such disputes or causes of action.
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ARTICLE VII
DEFAULT
Section 7.01 Property Owner Event of Default. If the Property Owner shall default
in the performance of any covenant or agreement on its part contained in this Agreement and
such default shall continue for a period of ten (10) days after written notice thereof has been
given to the Property Owner by the County, an “Event of Default” shall be deemed to have
occurred under this Agreement.
Section 7.02 Remedies for Property Owner Event of Default. Upon the occurrence
of an Event of Default as provided in Section 7.01 hereof, the County, after giving written notice
as required, without further notice of any kind, and in addition to all other rights and remedies
provided at law or in equity, shall be entitled to seek and obtain a decree of specific performance
of this Agreement from a court of competent jurisdiction; or the right to recover from the
Property Owner any damages incurred by the County and any costs incurred by the County in
enforcing or attempting to enforce this Agreement or the Special Assessment, including
attorneys’ fees and expenses; or to foreclose on the Special Assessment Parcel and to sell all or
any part of the Special Assessment Parcel to the extent necessary to recover any damages and
costs; or any combination of the foregoing. Notwithstanding the foregoing, the parties hereto
acknowledge and agree that the County shall not be obligated to institute any of the actions or
proceedings or to exercise any of the remedies authorized by this Section 7.02 upon the
occurrence of an Event of Default hereunder, and that its obligations with respect to the billing,
collection and enforcement of the Special Assessment or any installment thereon shall be limited
to those obligations set forth in Article IV of this Agreement. The Lender acknowledges that
neither the Special Assessment nor any installment thereon can be accelerated.
Section 7.03 The County Default. If the County shall default in the performance of
any covenant or agreement on its part contained in this Agreement and shall fail to proceed in
good faith to cure such default within sixty (60) days after written notice thereof has been
received by the County from the Property Owner or the Lender, a “County Default” shall be
deemed to have occurred under this Agreement.
Section 7.04 Remedy for County Default. Upon the occurrence of a County Default
as provided in Section 7.03 hereof, and if the Property Owner or the Lender, as the case may be,
shall have otherwise fully performed all of its obligations hereunder, the Property Owner or the
Lender, after giving written notice as required, without further notice or demand, shall be entitled
to seek and obtain a decree of specific performance from a court of competent jurisdiction; but
neither the Property Owner nor the Lender shall have the right to seek to recover money damages
against the County, including any costs or fees (including attorneys’ fees) incurred by the
Property Owner or the Lender in enforcing or attempting to enforce this Agreement. Neither the
occurrence of a County Default nor the institution of any proceeding or the exercise of any
remedy upon the occurrence of a County Default shall negate or diminish the obligations of the
Property Owner hereunder to pay the installments of the Special Assessment and interest accrued
on the Special Assessment Roll and all other costs hereunder when the same shall become due
and payable.
24
Section 7.05 Waiver. Failure of any party hereunder to act upon discovery of a default
or to act upon the existence of an Event of Default shall not constitute a waiver of the right to
pursue the remedies provided herein.
ARTICLE VIII
MISCELLANEOUS
Section 8.01 Term. Except as otherwise provided in this Agreement, the terms of this
Agreement shall commence on the date first written above and shall terminate at such time as the
Special Assessment liability shall have been fully satisfied as provided in Section 4.03(e) hereof.
Section 8.02 Assignment.
(a) Except as otherwise provided herein and as provided in Section 8.02(b) hereof, no
party to this Agreement may transfer, assign or delegate to any other person or entity all or any
part of its rights or obligations arising under this Agreement without the prior written consent of
the other parties hereto excepting as otherwise expressly provided herein.
(b) The Lender and its successors and assigns may assign its rights and obligations
under this Agreement and its rights in the Special Assessment, in whole but not in part; provided,
however, that any such assignment shall be made only in accordance with applicable law; and
provided further, however, that no such assignment shall be effective unless the County shall
have first received (i) notice of the assignment disclosing the name and the address of the
assignee, which shall be an address in the United States and (ii) a Certificate of Assignment
executed by the assignee in the form attached to this Agreement as Appendix G. From and after
the date of satisfaction of the conditions for the assignment of this Agreement as provided in this
Section 8.02(b), the assignee of the Lender shall be a party hereto and shall have the rights and
obligations of the Lender specified hereunder, and such assignee shall be deemed to be the
“Lender” for all purposes of this Agreement.
Section 8.03 Notices. All notices, certificates or communications required by this

Agreement to be given shall be in writing and shall be sufficiently given and shall be deemed
delivered when personally served, or when received if mailed by registered or certified mail,
postage prepaid, return receipt requested, addressed to the respective parties as follows, or to
such other address as such party may specify by written notice to the other parties hereto:
25
If to the County: Benzie County

448 Court Place
Beulah, MI 49617
Attn:
With a copy to: Benzie County PACE Administrator

Lean & Green Michigan
500 Temple Street, Suite 6270
Detroit, MI 48201
If to the Property Owner: PROPERTY OWNER

ADDRESS
With a copy to: The Lender
With a copy to: Benzie County PACE Administrator

Lean & Green Michigan
500 Temple Street, Suite 6270
Detroit, MI 48201
If to the Lender: PACE LENDER

ADDRESS
With a copy to: ADDRESS
Section 8.04 Amendment and Waiver No amendment or modification to or of this

Agreement shall be binding upon any party hereto until such amendment or modification is
reduced to writing and executed by each party hereto. No waiver of any term of this Agreement
shall be binding upon any party until such waiver is reduced to writing, executed by the party to
be charged with such waiver, and delivered to the other parties hereto.
Section 8.05 Entire Agreement. This Agreement constitutes the entire agreement
between the County, on the one hand, and the Lender and the Property Owner, on the other hand.
There are no other representations, warranties, promises, agreements or understandings, oral,
written or implied, between the County, on the one hand, and the Lender or the Property Owner,
on the other hand.
Section 8.06 Execution in Counterparts. This Agreement may be executed in

counterparts, each of which shall be an original and all of which shall constitute the same
instrument.
Section 8.07 Captions. The captions and headings in this Agreement are for
convenience only and in no way limit, define or describe the scope or intent of any provision of
this Agreement.
26
Section 8.08 Applicable Law. This Agreement shall be governed in all respects,
whether as to validity, construction, performance and otherwise, by the laws of the State of
Michigan.
Section 8.09 Mutual Cooperation. Each party to this Agreement shall take all actions
required of it by the terms of this Agreement as expeditiously as possible and shall cooperate to
the fullest extent possible with the other parties to this Agreement. Each party to this Agreement
shall exercise reasonable diligence in reviewing, approving, executing and delivering all
documents necessary to accomplish the purposes and intent of this Agreement. Each party to
this Agreement also shall use its best efforts to assist the other parties to this Agreement in the
discharge of its obligations hereunder and to assure that all conditions precedent to the financing
arrangements are satisfied.
Section 8.10 Binding Effect; No Third-Party Beneficiary. This Agreement shall be

binding upon the parties hereto and upon their respective successors and assigns. In no event
shall the provisions of this Agreement be deemed to inure to the benefit of or be enforceable by
any third party, except for permitted assigns.
Section 8.11 Force Majeure. No party hereto shall be liable for the failure to perform
its obligations hereunder if said failure to perform is due to Force Majeure. Said failure to
perform shall be excused only for the period during which the event giving rise to said failure to
perform exists; provided, however, that the party seeking to take advantage of this Section shall
notify the other party in writing, setting forth the event giving rise to said failure to perform,
within ten (10) business days after the occurrence of said event.
[SIGNATURES ON THE FOLLOWING PAGE]
27
IN WITNESS WHEREOF, Benzie County, [PROPERTY OWNER], and [LENDER]

have caused this PACE Special Assessment Agreement to be duly executed and delivered as of
the date first written above.
PROPERTY OWNER
By:
Its:
State of Michigan )
) ss
County of Wayne )
The foregoing instrument was acknowledged before me this ____ day of _______, 2023, by
_____________ the Authorized Signatory of [PROPERTY OWNER] on behalf of [PROPERTY
OWNER].
Notary Public
___________________County, Michigan
My commission expires ________________
28

LENDER
By:
Its:
State of _______ )
) ss
County of _____ )
The foregoing instrument was acknowledged before me this ____ day of _______, 2023, by
__________ the Authorized Signatory of [LENDER], on behalf of [LENDER].
Notary Public
___________________County, __________
29

Benzie County
By:
Its:
State of Michigan )
) ss
County of Benzie )
The foregoing instrument was acknowledged before me this ______ day of _______, 2023, by
______________ of Benzie County on behalf of Benzie County.
Notary Public
___________________County, Michigan
30
APPENDIX A
PROGRAM ELIGIBILITY CHECKLIST
Property is privately owned commercial or industrial real property within Benzie County’s
jurisdictional boundaries, which may be owned by any individual or private entity, whether
for-profit or non-profit. MCL 460.933(g). Multi-family residential property is included in
the definition of commercial property.
There are no delinquent taxes, special assessments, or water or sewer charges on the
property. The Authorized Official at his discretion may disqualify properties that although
not currently delinquent, have been delinquent within six months of the application’s
submission. MCL 460.941(2)(a).
There are no delinquent assessments on the property under a PACE program. MCL
460.941(2)(b).
The term of assessment shall not exceed the lesser of the useful life of the energy project paid
for by the assessment or 25 years. Projects that consist of multiple energy efficiency
improvements or renewable energy systems with varying lengths of useful life may blend the
lengths to determine an overall assessment term that does not exceed the useful life of the
improvements in aggregate. MCL 460.939(i).
An appropriate ratio must be determined for the amount of assessment in relation to the
assessed value of the property. MCL 460.939(j).
Written consent from the mortgage holder must be obtained if the property is subject to a
mortgage. MCL 460.939(k).
A baseline energy audit must be conducted for the property that is approved by LAGM.
Such approval may be granted retroactively if the audit meets the standards of LAGM. MCL
460.939(o).
For projects financed for more than $250,000, a performance guarantee must be provided by
the contractor(s) to guarantee a savings to investment ratio greater than one (1). MCL
460.939(p). The performance guarantee must meet the standards set by LAGM.
For projects financed for more than $250,000, financial and logistical arrangements for
ongoing measurement and verification of energy savings that meet standards set by LAGM.
MCL 460.939(p).
A1
APPENDIX B
SPECIAL ASSESSMENT PARCEL DESCRIPTION
Parcel Number:
Address:
LEGAL DESCRIPTION:
B1
APPENDIX C
SPECIAL ASSESSMENT ROLL
PACE Special Assessment
Parcel Number:
Address:
City:
Owner:
Assessment: $
Percent: 100%
I certify that the above is the Special Assessment Roll created for the PACE project referenced in
this Agreement in the applicable county, township, city, village, or applicable entity, in the State
of Michigan, subject to payment of Special Assessment as outlined in Appendix D of this
Agreement.
_____________________________________________________
By:
Title:
_____________________________________________________
Dated
C1
APPENDIX D
PAYMENT SCHEDULE
D1
APPENDIX E
DESCRIPTION OF IMPROVEMENTS
G1
APPENDIX F
PACE Application
F1
APPENDIX G
FORM OF CERTIFICATE OF ASSIGNMENT
This Certificate of Assignment of the PACE Special Assessment Agreement

(“Assignment”), dated effective as of _________________ (the “Effective Date”), is made by
Twain Community Partners II LLC (“Assignor”) to
_____________________________________________ (“Assignee”). Assignor and Assignee
are referred to at times, each individually as a “Party,” and collectively as the “Parties.”
Agreement
1. For good and valuable consideration1 and the payment of Ten Dollars and No
Cents ($10.00), the receipt and sufficiency of which is hereby acknowledged, confessed,
stipulated and agreed upon by Assignor, Assignor ASSIGNS, BARGAINS, GIVES, SETS
OVER, CONVEYS, TRANSFERS and DELIVERS to Assignee all of Assignor’s rights, title,
interest, obligations, and duties under the PACE Special Assessment Agreement (Parcel
#____________, as described in Exhibit A, attached hereto) entered into by Assignor,
[PROPERTY OWNER], a Michigan limited liability company, and Benzie County, and the
related [LOAN DOCUMENTS] (the “Transferred Interest”), together with all of Assignor’s
rights to receive payments from [PROPERTY OWNER] and/or [SERVICER] attributable to the
Transferred Interest arising on and after the date of this Assignment.
2. Assignor warrants that: (i) it is authorized to execute this document; (ii) it is

conveying good, indefeasible title to the Transferred Interest; (iii) the Transferred Interest is free
and clear of all liens and encumbrances, and no party has any rights in or to acquire, or hold as
security, or otherwise, the Transferred Interest; and (iv) it has provided Benzie County with a
notice of this Assignment, a copy of which is attached hereto as Exhibit B.
3. Assignor hereby agrees to make, execute and deliver to Assignee any and all
further instruments of conveyance, assignment or transfer, and any and all other instruments, as
may be necessary or proper to carry out the purpose and intent of this Assignment and/or to fully
vest Assignee in all rights, titles, interests obligations, and duties of Assignor in and to the
Transferred Interest, which instruments shall be delivered to Assignee as soon as possible
without any condition or delay on the part of Assignor.
4. Assignee hereby accepts all of Assignor’s rights, title, interest, obligations, and
duties under the PACE Special Assessment Agreement and agrees to be bound by its terms.
From and after the date of this Assignment and satisfaction of the conditions contained in
Section 8.02(b) of the PACE Special Assessment Agreement, Assignee shall be a party to the
PACE Special Assessment Agreement and shall have the rights and obligations of the Assignor
specified thereunder, and Assignee shall be deemed to be the “Lender” for all purposes of the
PACE Special Assessment Agreement.
1
State exemption: MCL 207.526(d); County exemption: MCL 207.505(d)
G2
5. All notices, certificates or communications provided pursuant to the PACE

Special Assessment Agreement to Assignee shall be delivered as provided in the PACE Special
Assessment Agreement to:
Assignee: _______________________________
(Name)
_______________________________
(Address)
_______________________________
(Attention)
With a copy to: _______________________________

(Name)
_______________________________
(Address)
_______________________________
(Attention)
IN WITNESS WHEREOF, Assignor and Assignee hereby agree to be bound by the terms
of this Assignment and each has executed this Assignment to be effective as of the Effective
Date.
ASSIGNOR:
____________________________________
[LENDER]
By: _________________________________
Its: _________________________________
ASSIGNEE:
____________________________________
Name: ______________________________
By: _________________________________
Its: _________________________________
G3
APPENDIX H
FORM OF LENDER CONSENT
Lender Consent and Acknowledgement of Owner Participation in

Benzie County, Michigan, PACE Program
This acknowledgement is granted ______ ___, 20__, by NAME OF MORTGAGE HOLDER (the “Lender”),
and for the benefit of _____________ (the “Property Owner”), and Benzie County in the State of
Michigan.
Recitals
A. Pursuant to Public Act No. 270 of 2010, Benzie established the Benzie County Property
Assessed Clean Energy (“PACE”) Program on ______ ___, 20__, by resolution, to promote
installation of energy efficiency improvements and/or renewable energy systems.
B. The Property Owner has applied to the Program to finance the amount of $ AMOUNT OF
FINANCING
, to be paid back as an assessment on Property Owner’s real property, described in
Appendix D attached hereto (the “Property”), over a period of twenty years.
C. Owner has previously executed a mortgage, deed of trust, dated ______ ___, 20__, to the
Lender, covering the Property, to secure a promissory note in the sum of $ AMOUNT OF LOAN, and
recorded on _____ ____, 20__ at Liber ___, Page ____, Benzie County Register of Deeds.
D. Repayment by the Property Owner under the PACE Special Assessment Agreement will
be a statutory assessment levied against the Property notice of which shall be recorded against
the Property in the Office of the County Clerk/Register of Deeds for Benzie County, and which
assessment, together with interest and any penalties, shall constitute a lien (the “Lien”) on the
Property, and shall be collected subject to the terms agreed to between the parties and as
contained in the PACE Special Assessment Agreement.
Consent and Acknowledgement
Lender acknowledges that it has been informed of the Property Owner’s participation in the
Benzie PACE Program and agrees that Property Owner’s execution of the PACE Special
Assessment Agreement will not constitute a default under Lender’s Deed of Trust.
Execution of this Consent and Acknowledgement by Lender’s representative shall constitute full
and complete consent to the Property Owner’s participation in the Benzie PACE Program.
H1
Name of Lender: ________________ Date: _________________
By: ___________________________
Title: _________________________
STATE OF MICHIGAN )
) ss
COUNTY OF _____________ )
The foregoing instrument was acknowledged before me this ___ day of ______, 20__, by
_________________, on behalf of _________________.
____________________________________
_________________, Notary Public
_____________County, State of _________
Acting in ____________ County
My Commission Expires:
H2
Memorandum
To: Board of Commissioners
From: Katie Zeits, County Administrator
Date: July 6, 2023
Subject: DTRF Administration Fee Allocation
Similar to the marihuana state funding, the Board of Commissioners has been periodically
discussing how to spend the DTRF Administration fee which is annually transferred into the
general fund. In the past, this $80,000 has been utilized to send an additional payment to MERS
for unfunded liability or for capital needs.
This funding is restricted by County policy and should be utilized for one-time expenditures,
capital needs, or additional payment to MERS unfunded liability.
If the Board would like to utilize this funding for capital needs or a one-time expenditure, it may
notate the specific project or purpose as part of its motion, such as funding toward the
Parole/Probation renovation, or toward campus sidewalk improvement.
Suggested Motions:
That the Board of Commissioners authorizes DTRF administration fee funding in the amount of
$80,000 to be utilized toward capital needs, specifically for the ____________ and authorizes the
related budget amendments to show transfer of funding.
-or-
That the Board of Commissioners authorizes DTRF administration fee funding in the amount of
$80,000 to be paid to MERS towards the County’s unfunded liability.
Memorandum
Date: July 6, 2023
Subject: Marihuana Funding Allocation
The Board of Commissioners has been periodically discussing how to spend funding it receives
from the State of Michigan from marihuana establishments. Initially, the funding that was
received was sent to MERS to make an additional payment to the County’s unfunded liability.
The Board later allocated funding to Benzonia Township as a cost share in the water/sewer
feasibility study. There is currently $207,000 of unallocated marihuana funding which is residing
in the contingency line item.
There are options that the Board could take. This funding could be allocated to a specific
purpose, such as an additional MERS contribution or for capital needs. The Board could also
leave it in the general fund contingency to allow flexibility for the end of the year balancing of
the budget.
There are no restrictions for this funding and any unallocated funding could result in an increase
in fund balance after the close of the fiscal year.
The Board has recently taken action to utilize fund balance towards the lower-level expansion
project and therefore is not in excess of the 25% goal fund balance.
Suggested Motions:
That the Board of Commissioners authorizes marihuana state funding to remain in the general
fund for purposes of general fund activities.
-or-
That the Board of Commissioners authorizes marihuana state funding in the amount of ____ to
be utilized toward capital needs and authorizes the related budget amendments to show transfer
of funding.
-or-
That the Board of Commissioners authorizes marihuana state funding in the amount of ____ to
be paid to MERS towards the County’s unfunded liability.
Memorandum
Date: July 6, 2023
Subject: Request for Staffing Analysis for Benzie County Jail
Attached you will find a memorandum to be sent to the Regulation Agent of the Michigan
Department of Corrections requesting a staffing analysis be completed for the jail. Since the last
staffing analysis, there have been and will be quite a few changes as outlined in the
memorandum. The purpose of this staffing analysis is to receive a guideline for minimum
staffing for current operations as well as clarification of who is counted as part of the minimum
staffing.
Also attached are the 2016 staffing analysis results. There are currently 16 staff persons,
including an administrative assistant.
It should be noted that this analysis could indicate additional employees, or it may not. The
Board should be prepared for both results.
Recommendation:
That the Board of Commissioners approves the request for an updated staffing analysis of the
Benzie County Jail and authorizes the Chair to sign.
BENZIE COUNTY SHERIFF’S OFFICE
Kyle Rosa, Sheriff ● Greg Hubers, Undersheriff
505 S. Michigan Ave, Beulah MI 49617
(231) 882-4484 – Fax (231) 882-5814
To: Larry Abraham, Regulation Agent Michigan Department of Corrections
From: Benzie County Sheriff Kyle Rosa
RE: Staffing Analysis Request
Date: July 11, 2023
Mr. Abraham,
The Benzie County Board of Commissioners and Sheriff Rosa are formally requesting a staffing
analysis for the Benzie County jail. The purpose of this request is for Officer safety and Staffing
requirements for future budgeting purposes.
The changes that have occurred or are occurring soon are:
1) Benzie County Central Dispatch is relocating to the lower level of the facility which is
not in immediate response proximity to the jail.
2) The POD is no longer staffed by a corrections Deputy 24/7 due to camera technology
upgrades.
3) The jail has on average drastically fewer inmates than in the past.
4) The County has funded bailiff positions, relieving court security responsibilities by a
corrections Deputy.
Respectfully, we ask that the analysis include clarity of all eligible staff persons considered as
part of the total staffing count.
Sincerely,
Benzie County Sheriff Kyle Rosa Benzie County Board of Commissioners Chairman
Bob Roelofs
________________________________ ________________________________________
Memorandum
Date: July 7, 2023
Subject: Establishment of Ad Hoc Committee to discuss future capital needs for EMS
and Animal Control
For some time, staff have discussed the need to address Station 3 in Frankfort for EMS. The
current housing conditions are atrocious. Director Tom King and I had been in conversations
with Paul Oliver Hospital about acquiring property to potentially build a new station/home, but
those conversations have essentially ended, and we believe Paul Oliver Hospital is no longer
looking to work on a deal for land to build. Therefore, we need to explore additional options.
In addition to EMS needs, Director Kyle Maurer and I briefly mentioned to the Board that many
changes to Shelter operations are being passed down by the State. The majority of these changes
require a great deal of renovation to our Shelter or even consideration of a new building.
Based on these needs, I recommend that the Board establish an ad hoc committee to sit down and
discuss the direction we’d like to move forward and to assist with exploring options. Director
King and Director Maurer will be asked to participate in these meetings.
Recommendation:
That the Board of Commissioners establishes an ad hoc committee to make recommendations for
capital needs for Benzie County EMS and Animal Control and that the Chair, __________,
____________, and Administrator be appointed to such committee.
Art Jeannot
Commissioner Report
July 11, 2023
• 6/29 – Special EDC Planning

o We discussed the value of having a professional staff person working on economic
development opportunities. The County has seen the benefit of a professional guide us through
broadband initiatives. It is acknowledged that this position could be used in other county
initiatives. More discussion to follow.
• 7/6 – Lake Township

o I expressed on behalf of the Board of Commissioners our gratitude for the $100k donation for
the emergency service tower and $100k for Pointe Betsie. I was asked what would happen to
their donation if it was not required, to pay for the tower due to the $2.2M from the State of
MI. I responded that I believe their donation was restricted and any unused amount would be
returned.
• 7/10 – Almira Township

o I will report any relevant information at our meeting.
• Other –
o Met with Katie Zeits and Mitch Shapiro to discuss details of his amended contract.
o Attended a joint meeting between Benzonia and Platte Townships to listen to the conversation
about hiring an assistant zoning administrator. Commissioner Nye also attended. It was decided
to offer the assistant position to Mary Pitcher.
o On July 6th I attended a panel discussion sponsored by the Seabury Foundation. The topic was
helping to change thinking to addressing complex problems. Commissioner Nye and County
Administrator Katie Zeits also attended.
o I plan to attended a coffee hour on July 10th with State Represenative Betsie Coffia. I will report
any relevant information at our meeting.
11 June 2023
Commissioner Cunningham, District 3 [email protected] 231.822.4067
Attended/Presented
6 July Lake Twp Board Upcoming meeting, I will report pertinent information.
Community
27 June Frankfort Land Trust fundraiser and tour of Grove home.
28 June Meeting and tour of Cherry Capital Communications HQ, Elk Rapids.
30 June Spoke with Mayor Holwerda about an Airport issue.
30 June Coordinated biochar expert with MAC Environmental Regulatory facilitator to speak with
multi county committee in fall 2023.
Correspondence
Assorted emails main topics: Sunkissed and broadband.

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BENZIE COUNTY,

Executive Summary .....................................................................................................................1

Lean & Green Michigan™ PACE Program Report.....................................................................2

APPENDIX A – PACE Special Assessment Agreement ............................................................9

SAA Appendix A – Program Eligibility Checklist ..............................................................29

SAA Appendix B – Special Assessment Parcel Description ..............................................30

SAA Appendix C – Special Assessment Roll......................................................................31

SAA Appendix D – Payment Schedule ...............................................................................32

SAA Appendix E – Description of Improvements ..............................................................33

SAA Appendix F – PACE Program Application .................................................................34

SAA Appendix G –Form of Certificate of Assignment.......................................................38

SAA Appendix H –Form of Lender Consent ......................................................................40

PACE PROGRAM REPORT

In order to encourage economic development, improve property valuation, increase

The Board of Commissioners passed a Resolution of Intent to create a PACE Program

1. Form of PACE Contract

A form of model PACE Special Assessment Agreement is attached as Appendix A.

2. Authorized Official/PACE Administrator

4. Application Process/Eligibility Requirements

5. Financing Terms of Assessments

The maximum dollar amount of a PACE special assessment shall be negotiated on a

The PACE special assessment, as allocated by the Authorized Official on behalf of

By participating in LAGM, Benzie assists its constituent property owners in taking

10. Useful Life

LAGM has developed an ongoing marketing and participant education program. By

LAGM includes the following quality assurance and antifraud measures:

i. Business integrity review on clean energy contractors conducted by

ii. Background check process on clean energy contractors conducted by

iii. Other general due diligence as may be necessary or required.

16. Projects Over $250,000

________________________________________SPACE ABOVE FOR RECORDING PURPOSES____________________________________

PACE SPECIAL ASSESSMENT AGREEMENT

BENZIE COUNTY, MICHIGAN

ARTICLE I DEFINITIONS ....................................................................................................12

APPENDIX A: PROGRAM ELIGIBILITY REQUIREMENTS

PACE SPECIAL ASSESSMENT AGREEMENT

THIS PACE SPECIAL ASSESSMENT AGREEMENT (this “Agreement”) is made

C. The Property Owner desires to undertake certain Energy Projects on commercial

(f) “Energy Efficiency Improvement” means equipment, devices, or materials

(g) “Energy Project” means the installation or modification of an Energy Efficiency

(i) “Force Majeure” means unforeseeable events beyond a party’s reasonable

(n) “Lender” has the meaning set forth in the preamble.

(q) “Owner-Arranged Financing” means the process by which a property owner

(v) “Renewable Energy Improvement” means a fixture, product, device, or

Section 2.01 Description of Improvements. The Improvements to be acquired,

Section 3.01 Acquisition, Construction and Installation of Improvements.

Section 4.01 PACE Special Assessment Created.

Section 4.02 Assignment of Special Assessment Payments to Lender. At the request

Section 4.03 Property Owner’s Consent to Special Assessment; Waiver.

(c) In addition to any conditions, covenants, warranties and representations specified

Section 4.05 Payment Default.

Section 4.06 Prepayment of Special Assessment. Subject to the provisions of the

Section 5.01 Conditions Precedent to the County’s Obligations.

Section 6.01 Representations and Warranties of the County.

Section 6.02 Representations and Warranties of the Property Owner.

Section 6.03 Representations and Warranties of the Lender.

The Lender represents and warrants to the County that:

Section 8.02 Assignment.

____SPACE ABOVE FOR RECORDING PURPOSES

Name of Lender: Date: _