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CDA, City and GIDA Resolution 99-53
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RESOLUTION NO. 99-53
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING
EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT RELATING TO THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
WHEREAS, the City of Gilroy, California (the "City"), has expressed an interest in
participating in the economic development financing programs (the "Programs") in conjunction
with the parties to that certain Amended and Restated Joint Exercise of Powers Agreement Relating
to the California Statewide Cortlmunities Development Authority, dated as of June 1, 1988 (the
"Agreement"); and
WHEREAS, there is now before this City Council the fonn ofthe Agreement; and
WHEREAS, the City proposes to participate in the Programs and desires that certain
projects to be located within the City be financed pursuant to the Programs and it is in the public
interest and for the public benefit that the City do so; and
WHEREAS, the Agreement has been filed with the City, and the members of the
City Council of the City, with the assistance of its staff, have reviewed said document;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GILROY AS FOLLOWS:
Section 1. The Agreement is hereby approved and the Mayor or the City
Manager or designee thereof is hereby authorized and directed to execute said document, with such
changes, insertions and omissions as may be approved by said Mayor or City Manager, and the
City Clerk or such Clerk's designee is hereby authorized and directed to affix the City's seal to said
document and to attest thereto.
Section 2. The Mayor, the City Manager, the City Clerk and all other proper
officers and officials of the City are hereby authorized and directed to execute such other
agreements, documents and certificates, and to perform such other acts and deeds, as may be
necessary or convenient to effect the pmposes of this Resolution and the transactions herein
authorized.
DOCSSF1:35841O.1
40929-222 ADl
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Section 3. The City Clerk of the City shall forward a certified copy of this
Resolution and an originally executed Agreement to:
Ana Marie del Rio, Esq.
Orrick, Herrington & Sutcliffe LLP
Old Federal Reserve Bank Building
400 Sansome Street
San Francisco, California 94111
Section 4.
This resolution shall take effect immediately upon its passage.
ADOPTED by the City Council of the City of Gilroy at a regular meeting of said
Council held on the 14 tway of June, 1999, by the following vote:
J\Y1ES: COUNCILMEMBERS: Arellano, Morales, Rowlison, Springer, Sudol, and
Gilroy
NOES: COUNCILMEMBERS: None
ABSE~: COUNCILMEMBERS: Gifford
Mayor
K. A. MIKE GILROY
ATTEST:
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City Clerk
RHONDA PELLIN
RESOLUTION NO. 99-53
DOCSSFl:358410.1
40929-222 ADl
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AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES.
DEVELOPMENT AUTHORITY
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THIS AGREEMENT, dated as of June 1, 1988, by and
among the parties executin; this A;reement (all such parties,
except those which have withdrawn in accordance with Section
13 hereof. being herein referred to as the .program
participants.):
Wl-rnESSETH
WHEREAS, purs~ant to Title 1. Division 7. Chapter-S
of the Goverr...'nentCode of the State of California (the -Joint
Exercise of powers Act-). two or more publiC' agencies may by
agreement jointlY exercise any power common to the contractin9
parties: ana
WHEREAS. each of the Program participants is a
.public agency. as that term is defined in Section 6500 of the
Government Code of the Stete of California, and
WHEREAS, each of the Program participants is
empowered to promote economic development, including, without
:i~i:ation, the promotion of opportunities for the creation or
retention of employment, the stimulation of economic activity,
an~ the increase of the tax base. within its boundaries; and
WHEREAS. ap~blic entity established pursuant to
the Joint Exercise of powers Act is empowered to issue
industrial development bonds pursuant to the California
Inoustrial Development Financing Act (Title 10 (commencing
with Section 9150.0 of the Government Code of the State of
California)) (the -Act.) and to otherwise undertake Linancing
programs under the Joint Exercise of powers Act or other
applicable provisions of law to promote economic development
through the issuance of bonds. notes. or other evidences of
indebtedness. or certificates of participation in leases or
other agreements (all s~ch instruments being herein
collectively referred to as .sonds.); and
WHEREAS, in order to promote economic development
within the State of California, the County supervisors .
Association of California (.CSAC.), together with the
California Manufacturers Association. has established the
Bonds for !n~ustry program (the .program-).
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WHEREAS. in furtherance of the Program, certain
California counties (collectively, the -Initial Participants-)
have entered into that certain Joint Exercise of powers
Agreement dated as of November 18, 19S7 (the -lnitial
Agreement-), pursuant to which the Califo%nia Counties
Industr"ial Development Authority has been estBtllishe~ as a
separate entity under the ~oint Exercise of powers Act for the
purposes an~ with the powers specified in the Initial
Agreement; and
WHEREAS, the League of California Cities ("LCC.)
h2S determined to join as a sponsor of the Program and to
actively participate ir the administration of the Authority:
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WHEREAS, the Initial Participants have determined
to specifically authorize the Authority to issue Bonds
pursuer.t to Article 2 of the ~oint Exercise of Powers ~ct
(~Article 2-) and Article ~ of the Joint Exercise of Powers
Act c-'Article 4-), 8S 'Well a.s may he authorized by the Act or
other applicable law; and
WHEREAS, the Initial Participants desire to rename
the California Counties Industrial Development. Authority to
better reflect the additional sponsorship of the Programi.and
WHEREAS. each of ~he Initial Participants bas
determineo that it is in the publiC interest of the citizens
\l:'ithin its boundaries, and to the benefit of such Initi."l
Participant and the area and persons served by such Initial
Participant, to amend and restate in its entirety the Initial
Agreement in order to implement the provisions set forth
above; and
WHEREAS, it is the desire of the program
Participants to use a public entity established pursuant to
the Joint.Exercise of powers Act to undertake projects within
their respective jurisdictions that may be financed with Bonds
issued pursuant to the Act, Article 2, Article ~, or other
applicable provisions of law; and
WHEREAS, the projects undertaken will result in
significant public benefits, including those publiC benefits
set forth in Section 91502.1 of the Act, an increased level of
economic. activity, or an increased tax base, and will.
therefore serve and be of benef!t to the inhabitants of the
jurisdictions of the Program Participants;
NOW, THEREFORE, the program Participants, for and
in consioeration of the mutual promises and agreements herein
cont2ined. do agree ~o restate and amend the Initial Agreement
in its entirety ~o proviae as follows:
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Section 1. purpose.
'Ihis Agreement is made pursuant to the provisions of
the Joint Exercise of Powers Act, relating ~o the joint
exercise of powers common to public .gencies, in this case
being the Program Participants. .The Program Participants each
possess the powers referred to in the recitals hereof. The
purpose of this Agreement is' to establish an agency for, and
with the purpose of, issuing Bonas'to finance projects within
the territorial limits of the Program Participants pursuant to
the Act. Article 2, Article ~, cr other appliable provisions
of law; provided. however that nothing in this Agreement shall
be constTued as a limitation on the rights of the program
Participants to pursue economic development outside .of this
Agreement. including the rights to issue Bonds through
industrial development 'authorities under the Act, or a.s .
otherwise permitted by law.
Within the various jurisdictions of the Program
participants such purpose will be accomplished and said power&
exercised in the manner hereinafter set forth.
Section 2. Term.
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This Agreement shall become effective as of the date
hereof and shall continue in full force and effect for a
~c:icd of forty (40) years from the date hereof, or untii such
time as it is terminated in writing by all the Program
Psrticipants: provided, however. that this Agreement shall not
terminate or be terminatec until the date on which all Bonds
or other indebtedness issued or caused to be issued by the
Authority shall have been retired, or full provision shall
have been made for their retirement, including interest until
their retirement ~ate.
Section 3. ~uthorttY.
A. CRU"I'ION AND POWERS OF AUTHORITY.
(1) pursuant to the Joint Exercise of Powers Act, there
is hereby created a public entity to be known as the
.California State~ide communities Development Authority. (the
~ -Authority.). and said:AuthOrity shall be a public entity
!: separate and apart fro~ the Program Participants. Its debts.
J liatilities and obligations do not constitute debts.
liabilities or obligat~ons of any party to this Agreement.
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COMMISStON.
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The Authorit~ shall be administered by a Commission
(the .Commission-) whith shall consist of seven members. each
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serving in his or her individual capacity 2S a member of the
Comrr.ission. The Commission shall be the administering agency
of this Agreement. end. as such. shall be vested with the
powers set forth herein. and shall execute and administer xbis
Agreement in accordance with the purposes and functions
provided herein. .
Four members of the Commission shall be appointed by
the 90verning body of CSAC and three members of the commission
shall be appointed by the governing body of Lee. Initial
members of the Commission shall serve a term ending June l~
1991. Successors to such members shall be selected in the
manner in which the respective initial member was selected and
shall serve a term of three years. An~ appointment to fill an
unexpired term, however~ shall be for such unexpired term.
~he term of office speCified aDove shall be applicable.unless
the term of office of the respective member is terminated as
hereinafter provided. and provided that the term of any member
sha11 not expire until a successor thereto has been appointed .
2S provided herein.
Each of CSAC ano LCC may appoint an alternate member
of the Com~isslon for each member 'of the Commission which it
eppoints. Such alternate member may act 'as a member of the
Commission in place of and during the absence or disability of
such regularly appointed member. All references in this.
~;:ccment to any member of the Commission shall be Oeemed to
refer to end include the applicable alternate member when $0
acting in place. of a regularly appointed ~ember.
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tach member or alternate member of the commission
m!y be removed and replace6 at any time by the governing body
by which such member was appointee. Any individual. including
any member of the governing body or staff of CSAC or LCC.
shall be eligible to serve as a member or alternate member of
the Comrnission.
Members and alternate members of the Commission
shall not "receive ~ny compensation for ser~ing as $uch but
shall be entitle6 to reimbursement for any expenses actually
incurred in connection with serving as a member or alternate
member, if the commission shall Oetermine that such expenses
shall be reimbursed and there are unencumbered.funds available
for such purpose.
c~ OFFICERS; DUTIES; OFFICIAL BONDS.
The Commission shall elect a Chair. a vice-Chair,
ana a Secretary of the Autho~ity from among"its membErs to
serve.for such term as shall be determined by the commission.
The Co~~ission shall appoint one or more of its officers or
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employees to serve as treasurer, auditor, and controller of
the Authority (the -Treasurer-) pursuant to section 6505.6 of
the Joint Exercise of powers Act to serve for such term as
shall be determined by the Commiss.ion.
subject to the applicable provisions of any
resolution, indenture cr other instrument or proceeding
authorizing or securinQ Bonds (each such resolu~ion,
indenture, instrument and proceeding being herein referred to
as an -Indenture-) providing for a trustee or other fiscal
agent, the Treasurer is designated as ~he depositary' of the
Authority to have custody of all money of t~e Authority, from
whatever source derived.
The Treasurer of the Authority shall bave the
powers, duties and responsibilities specified in
Section 6505.5 of the ~oint Exercise of powers Act.
The Treasurer of the Authority is ~esi9nated as the
public officer or person who has charge of, handles, or has
access to any property of the Authority, and such officer
shall file an official bond with the Secretary of the
Authority in the amount specified by resolution of the
commission but in no event less than $1,000. If and to the
extent permitted by law, any such officer' may satisfy this
requirement by filing an official bond in at least saiO amount
obtained in connection with another public office. .
The Commissian shall have the power to appoint such
ct~e! officers and employees as it may deem necessary and to
retain independent counsel, consultants anc5 accountants.
ihe commission shall h~ve the power~ by resolution,
to the extent permitted by the Joint Exercise of powers Act or
any other applicable law, to delegate any of its functions to
one or more of the members of the Comrniss'ion or officers or
agents of the Authority and to cause any of said members,
officers or agents to take any actions anc5 execute any
documents or instruments for and in the name and on behalf of
the commission or the Authority.
D. MEE'I'INGS OF THE COMMISSION.
(1) Reaular Meetincs.
The Commission shall provide for its regular
meetings; provided, however, it shall hold at least one
regular meeting each year. ihe date, hour and place of the
holding of the regular meetings shall be fixed by resolution
of the Commission and a copy of such resolution shall be filed
~ith each party hereto.
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(2) Special MeetinQs.
special meetings of the Commission may be calleO in
accordance with the provisions of Section 54956 of the
Government Code of the State of California.
(3) ~alph M. Brown'Act.
All meet ings of the Commission, including, wi tbout
.limitation, regular, adjourned re9ulaI. special, and a~journed
speciel meetings shall be called, noticed. held and conducted
in eccordance with the provisions of the Ralph M~ Brown Act
(commencing with Section 54950 of the Government Code of'the
State of California).
(4) Minutes.'
~he Secretary of the Autbority shall cause to be
kept minutes of the regular, adjourned regular, special, and
adjourned special meetings of the Commission aDd shall, as .
soon IS possible after each meeting, cause a copy of the
minutes to be forwarded to each member of the Commission.
(5) Quorum.
A majority of the members pf the COmmission wbich'
incl~~es at least one member appointed by the governing body
of each of CSAC and Lee shall constitute a quorum for the
trans!ction of business. No action-may be taken by the
Com~lssion except.~pon ~he affirmative vote of a majority of
the members of the Commission which incudes at least one
member appointed by the governing bo~y of each of CSAC ano
Lee, except that less than a quorum may adjourn a meeting to
another time and place.
E. ~tJLES AND REGULA"l'IONS.
The Authority may a~opt, from time to time, by
resolution of the Commission such rules and regulations for
the conduct of its meetings and affair's as may be required.'
Section 4. Power$.
7he Authority shall bave any aDd all powers relating
to economic development authorized by law to each of the
p!tties hereto and separately to the publiC entity herein
creeted, including, without limitation, the promotion of
opportunities for the creation and retentiop of employment,
the stimulation of economic activity. and the increase of the
tex base, \oJithin the jurisdictions_ of' such parties.-, Such
powers shall include the common powers specified in this
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Agreement 2nd may be exercised in the manner and according to
the method provided in this Agreement. All such powers common
to the parties are specified as powers of the AuthOrity~ The
Authority is hereby authorized to do all acts necessary for
the exercise of such powers, including, but not limited tp,
any or all of the following: to make and enter into
contracts; to employ agents and employees: to aCQuire,
construct, provide for maintenance and operation of, or
maintain and operate, any buildings, works or improvements; to
acquire, hold or .dispose of property wberever located; to
incur debts, liabilities or obligations; to receive.gifts,
contributions and donations of property, funds, ser~ices and
other forms of assistance from persons. firms. corporations'
and any governmental entity; to sue and be sued in its own
name; and generallY to do any and all things necessary or
convenient to t.he promotion of economic development, including
without limitation the 'promotion of opportunities for -the
creation or retention of employment, the stimulation of .
economic activity, and the increase of the tax base, all as
herein contemplated. without limiting the generality of the
foregoing, the Authority may issue or cause to be issuec
bonded and other indebtedness. and pledge any property er
revenues as security to the extent permitted under the Joint
Exercise of powers Act. including Article 2 and Article 4, the
Act or any other applicable provision of law_
The manner in which the Authority shall exercise its
~owars and perform its duties is and shall be subject to the
restrictions upon the manner in which a California county
could exercise such powers and perform such Quties until a
California general law city shall become a Program
Participant, at which time it shall be subject to the
restrictions upon. the manner in which a California general law
ci ty cou Id exe.rcise such powers and perform such duties. The
manner in which the Authority shall exercise its powers and
perform its duties shall not be subject te any restrictions
applicable ~o the manner in which any ether public ~gency
could exercise such powers or perform such duties, whether
such agen~y is a party to this Agreement or not. .
Section 5. Fiscal Year.
For the purposes 'of this Agreement, the term -Fiscal
Year- shall mean the fiscal year as established from time to
time by the AuthOrity, being. at the date of this Agreement,
the period from July 1 to and including the following June 30,
e'xcept for the first Fiscal Year which shall be the period
from the date of this Agreement to June 30, 1988.
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Seetion 6. Disposition of Assets.
At the end of the term hereof Dr upon the earlier
termination of this Agreement as set forth in Section 2
hereof, after p!yment of all expenses anO liabilities of the
Authority, all property of the Authority both real and
personal shall automatically vest in the program Participants
and shall thereafter remain the sole property of the Program
Participants; provided, however, that any su~plus money on
hand shall be returned in proportion to the contributions made
by the Program Participants.
Section 7. Bonds.
The Authority shall issue Bonds for the purpose of
exercising its powers and raising the funds necessary to carry
out its purposes under this Agreement. Said Bonds may, at the
discretion of Authority. be issued in series.
The services of bond counsel, financing consultants
and other consultants and advisors working on the projects
and/ot.their financing shall be used by the Authority. ~he
fees and 'expenses of such counsel, consultants, advisors, and
the expenses of CSAC. LeC, and the commission shall be paid
from the proceecs of the Bonds or any other unencumbered tunds
of the Authority available for such purpose.
Seetion S. Local Approval.
A copy of the application for financing of a project
shall be filea by the Authority with the Program Participant
in whose jurisaiction the project is to be located. The
Authority shall not issue Bonds with respect to any project
unless the governing body of the Program Participant in whose
jurisdiction the project is to be locateO, or its dulY' .
authorizec designee, shall approve, conditionally or
unconditionally, the project, including the issuance of Bonds
therefor. . Action to approve or disapprove a project shall be
taken within ~5 days of the filing with the pfogram
participant. Certification of approval or disapproval shall
be made by the clerk of the governing body of the Program
Participant, or by such other officer as may be ~esignateO by
the applicable Program participant. to the Authority~
Section s. Bonds Only Llmitec end Special .
Obtioations of Authority.
The Bonds, together with the interest and premium.
if any. thereon, shall not be deemed to constitute a debt of
any Program Participant. CSAC. or LCe or pledge of the faith
and cre6it of the Program Participants. CSAC. LCe. or the
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Authority. The Bonds sha~l be only special obligations of the
Authority. and the Authority shall under no circumstances be
obligated to pay the Bonds or the respective project costs
except from revenues and other funds pledge6 therefor.
Neither the program Participants. CSAC, LCC. nor the Authority
shall be obligated to pay the principal. of, premium, if any,
or interest on the Bonds, or other costs incidental there~o,
except from the revenues and funds pledged therefor, and
neither the faith and credit nor the taxing power of the
Program Participants nor the faith and credit of CSAC, LCC, or
the Authority shall be pledged to the payment of the principal
of. premium, if any. or interest on the Bonds nor shall the
program Participants. CSAC. LCe. or the Authority in any .
manner be obligated to make any appropriation for such payment~
No covenant or agreement contained in any Bona or
Indenture shall be deemea to be a covenant or agreement of any
member of the Commission, or any officer, agent or employee of
the Authority in his individual capacity and neither the
Comrnission of the Authority nor any officer thereof executing.
the Bonds shall be liable personally on any Bond or be subject
to any personal liability or accountability by reason of the
issuance of any Bonds.
Section 10. Accounts and Reports.
All funds of the Authority shall be strictly
acco~nted for. The Authority shall establish and maiDtain
such funds and accounts as may be required by good accounting
practice and by any provision of any Indenture (to the extent
such duties are not assigned to a trustee of Bonds). The
books and records of the Authority shall be open to inspection
at all reasonable times by each Program Farticipant.
The Treasurer of the Authority shall cause an
independent audit to be made of the books of accounts and
financial records of the Agency by a certified public
accobntant or public accountant in compliance with the
prov~sions of Section 6505 of the Joint Exercise of powers
Act.' In each case the minimum requirements of the audit shall
be t~ose prescribed by the State Controller for special
dist,ricts under Section 26909 of the Government Code of the
sta~e of California and shall conform to generally accepted
audi;ting standards. When such an audit of accounts and
records is made by a certified public accountant or public
accduntant, a report thereof shall be filed as public records
wit~ each Program Participant and also with the county auditor
of each county in which a Program Participant is located.
Such report shall be filed within 12 months. of the end of the
Fis~al Year or Years under examination.
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Any costs of the audit, including contracts with. or
employment of, certified public accountants or public
accountants in making an audit pursuant to this Section, shall
be borne by the Authority an~ shall be a charge against any
unencumbereO funDS of the Autbority available f~r that purpose.
In any Fiscal Year the Commission may, by resolution
adopted by unanimous vote, replace.tbe annual special aUDit
with an audit covering a two-year period.
~he ~reasurer of the Authority, w~thin 120 cays
after the close of each Fiscal Year, shall give a complete
written report of all financial activities for such Fiscal
Year to each of the Program Participants to.the extent such
activities are not covered by the reports of the trustees for
the Bonds. The trustee appointe~ un~er each Indenture~h8ll
establish suitable funds, furnish financial reports and
Frovi6e suitable accounting procedures to carry out the
provisions of said Indenture. Said trustee may be given such
duties in saio Inoenture 8S 11\ay be Desirable to carry out this'
Agreement.
Sect10n 11. Funds.
. subject to the applicable provisions of each
Indenture, which may provide for a trustee to receive, have
custoay of an~ disburse A~thority funds, the Treasurer of the
Authority shall receive, have the custody of and aisburse
~qthnrity funds pursuant to the accounting procedures
develcpeo unoer Section 10 hereof, and shall make the
disbursements required by this Agreement or otherwise
necessary to carry out any of the provisions or purposes of
this Agreement.
Section 12. Notices.
Notices and other communications hereunder to the
Program Participants shell be sufficient if delivered to the
clerk of the 90verning body of each Program Participant.
Section 13. Withdrawal end Addition of Parties.
~ Program participant may withdraw from this
~9reement upon written notice to the Commis~ion: provided.
however, that no such withdrawal shall result in the
dissolution of the Authority so long as any Bonds remain
outstanding under an Indenture. Any such withdrawal shall be
effective only ~pon receipt of ~he notice of withdrawal by the
Commission which shall acknowledge receipt of such notice of
withdrawal in ~riting and shall file such notice 8S an
amendment to this ~greement effective upon such filing.
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Qualifying public agencies may be added as parties
to this Agreement and become PIogramParticipants upon: (i)
the filing by such public agency of an executed counterpart of
this Agreement. together with a certified copy of the
resolution of the governing body of such public agency
approving this Agreement and the execution and delivery
hereof; and (li) adoption of a resolution of the Commission
approving the addition of such public agency as a Program
Participant. Upon satisfaction of such conditions, the
Commission shall file such executed counterpart of this -
Agreement as an amenOment hereto. effective upon such filing.
Section 14. Indemnification.
70 the full extent permitted by law. the Commission-
may authorize indemnification by the Authority of any.~erson
who is or was a member or alternate snember of the Cotmlission.
or an officer. employee or other agent of the Authority, and
who was or is a party or is tbreatened to be made a party to a
proceeding by reason of the fact that such person is or was
such a member or alternate member of the Commission, or an
officer. employee or other agent of tbe Authority, against
expenses I judgments. fines, settlements and other amounts
actually and reasonably incurred in connection with such
proceeding. if such person acted in 900d faith and in a manner
such person reasonably believed to be in the 'best interests of
the Authority and. in the case of a criminal proceeding.. had
'no reasonable cause to believe the conduct of such person was
unlawful and. in the case of an action by or in the right of
the Authority, acted with such care, including reasonable
inquiry. as an ordinarily prudent person in a like position
~ould use under similar circumstances.
Seetion 15. Contrlbutions and Advances.
Contributions or advances of public funds ano of the
use of personnel, equipment or property may be made to the
Authority by the parties hereto for any of .the purposes of
this Agreement. payment of pYblic funds may be made to defray
the cost of any such contribution. Any such advance may be
made subject to repayment. and in such case shall be repaid,
in the manner agreed upon by the Authority and the party
making such advance at the time of .such advance.
Sect ion 16. Immunities.
All of the privileges anO immunities from
liabilities, exemptions from laws. ordinances and rules. all
pension. relief. disability, workers. compensation. and other
benefits which apply to the activity of officers. agents or
employees of Program participants when performing their
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respective functions within the territorial limits of their
respective public agencies, shall apply to them to the same
degree and extent while engaged as members of the Commission
or otherwise as an officer. agent or other representative of
the Authority or while engage~ in the performance of any of
their functions or duties extraterritorially under the
provisions of this Agreement.
Section 17. Amendments-
Except as provided in Section 13 above. this
Agreement shall not be amended. modified. or altere~ except by
a writtel~instrument duly executed by each of the Program
Participants.
Section 1B. Effectiveness.
This Aareement shall become effective and be in full
-force and effect and a legal. valid and binding obligation of.
each of the PYogram Participants at 9:00 a.m., California
time, on the date that the Commission shall have received from
each of the !nitial Participants an executed counterpart of
this A;reement. together with a certified copy of a resolution
of the governing body of each such Initial Participant
approving this Agreement 2n~ the execution and delivery hereof.
Section 19. Partial Invalidity.
!f anyone or more of the t.rms, ptovlSlons.
promises. covenants or conditions of this Agreement shall to
any extent be a~judged invalid, unenforceable, void or
voidable for any reason whatsoever by a court of competent
jurisoiction, each and all of the remaining terms. provisions,
promises. covenants and con~itions of this Agreement shall not
be affected thereby, and shall be valid and enforceable to the
fullest extent permitted by law.
Section 20. Successors.
jhis Agreement shall be binding upon and shall inure
to the benefit of the successors of the parties bereto.
Except to the extent expressly provided herein. no party may
assign any right or obligation hereunder witbout the consent
of the othe= parties.
Section 21. MiscellaneouS.
This AgIee~ent may be executed in several
counterparts, each of which shall be an original and ell of
which shall constitute but one and the same instrument.
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The section headin9s herein are for convenience only
and are not to be construed as modifying or governing the
language in the section referred to.
Wherever in this Agreement any consent or approval
is required. the same shall not be unreasonably withheld.
This Agreement is made in the State of California.
under the Constitution and laws of such state and is to be so
construed.
This Agreement is the complete and exclusive
statement of the agreement among the parties hereto. which
supercedes and merges all prior proposals. understandin9s, and
other agreements, including, without limitation, the Initial
Agreement, whether oral, written, or implied in conduct,
between and among the parties relating to the subject matter
of this Agreement.
IN W1TNESS WHEREOF, the parties hereto have caused
thi~ Agreement to be executed and attested by their proper
officers thereunto duly authorized, and their official 8el15
to be hereto affixed. as of tbe day and year first above
written.
Program Participant:
(SEAL]
By
Name:
Title:
-
ATTEST:
By
Name:
Title:
13
.
.
ATTACHMENT A
AMENDMENT TO A JOINT POWERS AGREEMENT
FOR THE
CALIFORNIA STATEWIDE COM:MUNITIES DEVELOPMENT AUTHORITY
270 PARTICIPANTS AS OF JUDe 8,1998
~ITIES (173)
City of Agoura Hills
City of Alhambra
City of Albany
City of Altascadero
City of Anaheim
City of Arcadia
City of Auburn
City of Avalon
City of Azusa
City of Bakersfield
City of Banning
City of Beaumont
City of Bell
City ofBenicia
City of Berkeley
City ofBrea
City ofBrentwood
City of Buena Park
City of Burbank
City of Burlingame
City of Campbell
City of California City
City of Canyon Lake
City of Carlsbad
City of Carson
City of Cathedral City
City of Ceres
City of Chuta Vista
City of Chowchilla
City of Citrus Heights
City of Claremont
City of CleaTlake
City of Clovis
City of Commerce
City of Corcoran
City of Corona
City of Cotati
City of Cudahy
City of Cypress
Town ofDanville
City of Davis
City of Dos Palos
City of El Cajon
City ofEt Centro
City ofEmeryville
City of Encinitas
City ofEscondido
City of Etna
City of Eureka
City of Fairfield
. City ofFotsom
City of Fresno
City of Fountain Valley
City of Fullerton
City of Glendora
City of Grass Valley
City of Gridley
City of Hanford
City of Hawaiian Gardens
City ofHercuh~s
City of Hollister
City of Huntington Beach
City of Huntington Park
City of Industry
City ofInglewood
City ofIone
City of Irvine
City of La Mesa
City of La Palma
City of Laguna Beach
City of Laguna Hills
City Lake Forest
City of Lakeport
City ofLakewood
City of Lancaster
City of Lathrop
.
\...u)' Ul ~~ICl4I"''''.
City of Rial to
City of Richmond
City of Riverside
City of Rohnert Park
City ofRoseville
City of Sacramento
City of Salinas
Town of San Anselmo
City of San Bernardino
City of San Bruno
City of San Buenaventura
City of San Diego
City of San Gabriel
City of San Jose
City of San Juan Capistrano
City of San Luis Obispo
City of San Marcos
City of Sanger
City of Santa Clarita
City of Santa Cruz
City of Santa Fe Springs
City of Santa Maria
City of Santa Monica
City of Santa Paula
City of Santa Rosa
City of Sausalito .
City of Seal Beach
City of Seaside
City of Selma
City of Southgate
City of South Lake Tahoe
City of Stock"ton
City of Sui sun
City of Thousand Oaks
City of Torrance
Town ofTruckee
City of Turlock I
City ofTwentynine Palms
City of Union City
City of Upland
City ofVacaville
City of Vallejo
City of Visalia
City of Vista
City ofWatsonville
City orWest Covina
.
City of Lincoln
City of Lindsay
City of Livingston
City ofLodi
City ofLompoc
City of Long Beach
City of Los Angeles
City of Los Banos
City ofLynwood
City of Madera
City ofManteca
City ofMarysville
City ofMaywood
City of Merced
City ofMillbrae
City of Mission Viejo
City of Modesto
City of Monterey
City of Monterey Park
T own of Moraga
City of Moreno Valley
City afMorgan HiB
City of Mountain View
City of National City
City ofNOf'\.\lalk
City of Nova to
City of Oakland
City of Oceanside
City of Orange
City of Oroville
City of Oxnard
City of Pacifica
City of Palm dale
City of Palos Verdes Estates
City of Paramount
Citv of Pasadena
.-
City of Pan erson
City ofPetaluma
City of Pin ole
City of Pittsburg
City of Placerville
City of Pleasant on
City of Pleasant Hill
City of Pomona
City ofPorterville
City of Po way
City of Redding
DOCSLA1:78072.1
Page 2 of 4
City of West Sacramento .
City of Whittier
City of Woodland
Tehama Count}l.
Trinity County
Tulare County
Ventura County
Yolo County
Yuba County
~OUNTIES (47)
Alameda County
Butte County
Calaveras County
Colusa County
Contra Costa County
Del Norte County
EI Dorado County
GleM County
Humboldt County
Imperial County
Inyo County
Kern County
Kings County
Lake County
Lassen County
Los Angeles County
Madera County
Mariposa County
Mendocino County
Merced County
Modoc County
Monterey County
Napa County
Nevada County
Orange County
Placer County
Riverside County
Sacramento County
San Bernardino County
San Diego County
San 10aquin County
San Mateo County
Santa Barbara County
Santa Clara County
Santa Cruz County
Sierra County
Siskiyou County
Solano County
Sonoma County
Stanislaus County
Sutter County
DISTRICTS (45)
American River Fire Protection District
Apple Valley Fire Protection District
Arrnona Community Services District
Big Bear City Community
Services District
Bolinas Community Public Utility District
Bostonia Fire Protection District
Cardiff Sanitation District
Chino Valley Independent Fire District
Crest Fire Protection District
Davis Joint Unified School District
Diablo Water District
Encinitas Fire Protection District
Encinitas Sanitary District
Hamilton Branch Community Services
District
Hilmar County Water District
IdylJwi1d Fire Protection District
Irish Beach Water District
June Lake Public Utility District .
Keyes Community Services District
Lake County Service Area No. 20
Lakeside Fire Protection District
Lakeside Irrigation District
Los Trancos County Water District
Madera County Maintenance District No.1 -
Hidden Lakes Estates
Meeks Bay fire Protection District
Mid Cannel Valley Fire Protection District
:Millview County Water District
North County Fire Protection District
Oceano Community Services District
Paradise Irrigation District
Peninsula Library System
Rancho Cucamonga Fire Protection District
San Bernardino County Service Area No. 70
San Diego Rural Fire Protection District
San Lorenzo Valley Water District
DOCSUI :78072.1
Page 3 of4
San Miguel Consolidated ~rotection
District ,.,'
Scotts Valley County Water District
Sierra Lakes County Water District
Springville Public Utility District
Squaw Valley County Water District
Stinson Beach County Water District
Tri~Cities Municipal Water District
Tuolumne County Water District No.1
Upper Lake County Water District
Vista Unified School District
Winton Water & Sanitary District
AGENCIES (4) ,
City of Rialto Redevelopment Agency
Culver City Redevelopment Agency
Peninsula Library System
Whittier Redevelopment Agency
CIIT AND COUNTY (ll
City and County of San Francisco
DOCSLAl :78072.1
.
Page 4 of4
..
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I, RHONDAPELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 99-53 is an original resolution, duly adopted by the Council of the City of Gilroy
at an adjourned regular meeting of said Council held on the 14th day of June, 1999, at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 17th day of June, 1999.
~
(Seal)