RES-2025-050-Adoption of a Resolution of Intent for Orange County to Participate in the North Carolina commercial property

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RES- 2025 -050 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION DECLARING INTENT OF THE COUNTY OF ORANGE, NORTH CAROLINA TO PARTICIPATE IN THE COMMERCIAL PROPERTY ASSESSED CAPITAL EXPENDITURE ( C- PACE ) PROGRAM WHEREAS, Article 106 of Chapter 160A of the General Statutes of North Carolina , as amended ( the " C- PACE Act" ) , authorizes the establishment of a statewide commercial property assessed capital expenditure ( C- PACE ) program (the "C- PACE Program " ) that local governments may voluntarily join ; and WHEREAS, the C- PACE Act authorizes the North Carolina Department of Commerce ( the " Program Sponsor" ) to oversee the C- PACE Program and requires the Economic Development Partnership of North Carolina , Inc . , a North Carolina nonprofit corporation ( the "Statewide Administrator" ) , to administer the C- PACE Program and , in support thereof, provide certain administrative services described in North Carolina General Statute § 160A- 239 . 14; and WHEREAS, the C- PACE Act and C- PACE Program permit willing owners of commercial , industrial, or agricultural real property, or residential real property with five or more dwelling units located in the jurisdictional boundaries of participating local governments ( " Qualifying Commercial Property" ) to obtain direct financing ( " C- PACE Financing" ) from a " capital provider" ( as further defined in North Carolina General Statute § 160A-239 . 12 ( 1 ) , "Capital Provider" ) for "qualifying improvements" ( as further defined in North Carolina General Statute § 160A- 239 . 12 ( 14 ) , "Qualifying Improvements" ) approved by the Program Sponsor, including energy efficiency measures, resiliency measures, renewable energy measures, and water conservation measures; and WHEREAS, under the C- PACE Act, C- PACE Financing shall be secured by a ( a ) voluntary assessment imposed on Qualifying Commercial Property by a local government for the total amount of such financing ( the "C- PACE Assessment" ) and ( b ) lien on such Qualifying Commercial Property until the financing is paid in full ( the "C- PACE Lien " ) ; and WHEREAS, the County of Orange , North Carolina , ( "The County" ) acting by and through its Board of Commissioners, desires to participate in the CPACE Program and , in support thereof, adopt a resolution setting forth the items required by North Carolina General Statute § 160A-239 . 15 ( a ) ; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Orange, North Carolina as follows : Section 1 . The County hereby authorizes ( a ) the C- PACE Program to operate within its jurisdictional boundaries and ( b ) the Statewide Administrator to provide the administrative services described in North Carolina General Statute § 160A-239 . 14 . Section 2 . The County intends to ( a ) authorize C- PACE Financing within the jurisdictional boundaries of the County, ( b ) authorize the imposition of C- PACE Assessments to secure repayment of C- PACE Financing, ( c ) assign the C- PACE Lien to Capital Providers providing C- PACE Financing and ( d ) delegate billing, collection , and enforcement duties for the C- PACE Assessment and C- PACE Lien to Capital Providers .