8434-10 Cleveland-First Suburbs - SID

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PETITION TO CREATE THE CITY OF CLEVELAND-FIRST SUBURBS DEVELOPMENT COUNCIL ADVANCED ENERGY SPECIAL IMPROVEMENT DISTRICT To: The Mayor and City Council of the City of Lakewood, the City of Cleveland, Ohio and the contiguous participating municipal corporations of the First Suburbs Consortium Development Council. The undersigned do hereby respectfully petition the City of Lakewood, the City of Cleveland, Ohio and the contiguous participating municipal corporations of the First Suburbs Consortium Development Council (hereinafter referred to individually or collectively as appropriate; the "City") for the creation of the City of Cleveland-First Suburbs Development Council Advanced Energy Special Improvement District (the "District") putsuant to Chapter 1710 of the Ohio Revised Code and amendments thereto (the "Act"), and the adoption of a Special Energy Improvement Project Plan ("Project Plan") setting forth the development and implementation strategy for special energy improvement projects to be developed and implemented within the District and the Special Energy Improvement District Services Plan designating the nature of the services to be provided within the District and the anticipated outcome and cost thereof (the "Services Plan"). A copy of the Project Plan is attached hereto as Exhibit A and made a part hereof and a copy of the Services Plan is attached hereto as Exhibit B and made a part hereof. The Project Plan and the Services Plan are hereinafter collectively referred to herein as the "Plan." The Initial District Boundaries will be as described and shown in Exhibit C attached hereto and made a part hereof. The Plan provides for additional territory ("Additional Territory") to be added to the District for the purposes of developing and implementing special energy improvement projects and at least one special energy improvement project will be designated for each parcel of real property within such Additional Territory in the District all in accordance with the Act and the Plan. Each of the undersigned represents that he or she is the owner (hereinafter referred to individually or collectively as appropriate, the "Owner"), or the duly authorized signatory or officer of the Owner, of one hundred per cent of the property or properties as set forth below and that based upon the representations of the other signatories to this Petition that a special energy improvement project will be developed and implemented on each parcel of real property as set forth below and as further described in Exhibit F. In support of this petition, the undersigned petitioners approve the following: 1. Mission. The mission of the District will be to enhance the value of properties within the District and improve the environment through the development and implementation of special energy improvement projects initially being solar photovoltaic or solar thermal projects. in accordance with the Act and the Plan, and by carrying out such other improvements and/or services in and for the benefit of the District as the Board (defined below) may determine and funds may allow, all as set forth in the Plan. 2. Corporate Entity and Governance. The operations and fiscal affairs of the District will be managed and administered by the Board of Directors (the "Board") of the District, an Ohio not-for-profit corporation to be formed for such purpose. The Board will consist of seventeen (17) individuals and will have all powers authorized by the Act. The duly appointed economic development directors of each of the seventeen Owners of the parcels of real property constituting the Initial District Boundaries of the District will be appointed and designated members of the District, and each member appointing one member of the Board. 3. Authority. The District will be authorized to provide public services and public improvements pursuant to the Act that will benefit property within the boundaries of the District. The City will be authorized to levy a special assessment on property within the District that lies within the territorial boundaries of the City to pay for such public services and public improvements, based on the benefits conferred by those public services and public improvements as further provided for in the Plan and this Petition. 4. Plan. Special energy improvement projects within the District will be developed and implemented in accordance with the Project Plan in Exhibit A. The District will provide public services and be administered in accordance with the Services Plan in Exhibit B. 3728387v7