By signing this Application, the undersigned hereby declares under penalty of perjury under the laws of the State of Florida all of the following:
1. I (we) am (are) the current owner(s) of the record of the property described herein (the “Property”).
2. The Property is not currently involved in a bankruptcy proceeding nor has been for the past (3) years.
3. I (we) am (are) current, for the past three years, on any mortgage or other loan secured by the Property.
4. I (we) and the Property meet the eligibility requirements listed in Section 1.
5. That (i) the information provided in this Application is true and correct as of the date set forth opposite my/our signature(s) on this Application and (ii) that I (we) understand that any intentional or negligent misrepresentation(s) of the information contained in this Application may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment or both and liability for monetary damages to Saint Lucie County, its agents, successors and assigns, insurers and any other person who may suffer any loss due to reliance upon any misrepresentation which I (we) have made in this Application.
6. I (we) am (are) applying to participate in the Energy and Sustainability Financing Program (ESFP) through Saint Lucie County Property Assessed Clean Energy (SLC PACE). I (we) understand that I (we) must execute a Financing Agreement with Saint Lucie County in order to receive financing for the Improvements and I(we) have the authority, without the consent of any third party which has not been previously obtained, to execute and deliver the Financing Agreement and Implementation Agreement, this Application, and the various documents and instruments referenced herein.
7. I (we) understand that the financing provided pursuant to the Financing Agreement will be repayable through an assessment levied against this Property. The Financing Agreement will specify the amount of the assessment and the assessment installments and the interest on the assessment to be collected on the tax bill for the Property each year. The assessment and the interest and any penalties thereon will constitute a lien against the Property until they are paid, even if I (we) sell the Property to another person. I (we) understand that assessment installments together with the interest on the assessment will be collected on my (our) property tax bill in the same manner and at the same time as property taxes and will be subject to the same penalties, remedies, and lien priorities as for property taxes in the event of delinquency.
8. I (we) understand that if I (we) pay property taxes through an escrow account, it is my (our) responsibility to notify my (our) lender to adjust my (our) monthly payments.
9. I (we) have reviewed any existing loan agreements and security instruments applicable to the Property, and verified that executing the Financing Agreement, receiving the financing for the Improvements, and consenting to the assessment levied against the Property will not constitute a default under any other agreement or security instrument which affects the Property or to which I (we) am (are) a party.
10. I (we) agree that the selection of any product(s), equipment, and measures referenced in this Application (the “Improvements”), the selection of any manufacturer(s), dealer(s), supplier(s), contractor(s) and installer(s), and the decision regarding the purchase, installation and ownership/maintenance of the Improvements is (are) my (our) sole responsibility and that I (we) have not relied upon any representations or recommendations of Saint Lucie County, its agents, representatives, assignees, or employees, in making such selection or decision, and that my manufacturer, dealer, supplier, contractor or installer of the Improvements is on the list of Approved Contractors.
11. I (we) understand that Saint Lucie County and SELF make no warranty, whether express or implied, with respect to the choice, use or application of the Improvements, including without limitation, the implied warranties of merchantability and fitness for any particular purpose, use or application of the Improvements.
12. I (we) agree that Saint Lucie County and SELF have no liability whatsoever concerning (i) the quality or safety of any Improvements, including their fitness for any purpose, (ii) the estimated energy savings produced by or performance of the Improvements, (iii) the workmanship of any third parties, (iv) the installation or use of the Improvements including, but not limited to, any effect on indoor pollutants, or (iv) any other matter with respect to the SLC PACE program.
13. I (we) agree that any carbon credits attributable to the Improvements, if any, shall be held by St. Lucie County on behalf of the Energy and Sustainability Financing Program (ESFP).
14. I (we) understand that I (we) is (are) responsible for meeting all SLC PACE program requirements and complying with all applicable Federal/State/County/City laws and the requirements of any agreement which affects the Property or the use of the Property.
15. I (we) understand that receipt of any manufacturer, utility or governmental incentive is (are) my (our) sole responsibility.
THE FEDERAL EQUAL CREDIT OPPORTUNITY ACT, WHICH MAY APPLY TO THIS TRANSACTION, PROHIBITS CREDITORS FROM DISCRIMINATING AGAINST CREDIT APPLICANTS ON THE BASIS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, MARITAL STATUS, AGE (PROVIDED THE APPLICANT HAS THE CAPACITY TO ENTER INTO A BINDING CONTRACT); BECAUSE ALL OR PART OF THE APPLICANT’S INCOME DERIVES FROM ANY PUBLIC ASSISTANCE PROGRAM; OR BECAUSE THE APPLICANT HAS IN GOOD FAITH EXERCISED ANY RIGHT UNDER THE CONSUMER CREDIT PROTECTION ACT. THE FEDERAL AGENCY THAT ADMINISTERS COMPLIANCE WITH THIS LAW CONCERNING THIS CREDITOR IS THE FEDERAL TRADE COMMISSION, EQUAL CREDIT OPPORTUNITY, WASHINGTON, DC, 20580.