HomeMy WebLinkAboutState of California - Statewide Communities Development Authority - Amended and Restated Joint Exercise of Powers AgreementAMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY
THIS AGREEMENT, dated as of June 1, 1988 by and
among the parties executing this Agreement !all such parties,
except those which have withdrawn in accordance with Section
13 hereof, being herein referred to as the "Program
Participants "):
WITNESSETH
WHEREAS, pursuant to Title 1, Division 7, Chapter 5
of the Government Code 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 contracting
parties; and
WHEREAS, each of the Program Participants is a
"public agency" as that term is defined in Section 6500 of the
Government Code of the State of California, and
WHEREAS, each of the Program Participants is
empowered to promote 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, within its boundaries; and
WHEREAS, a public entity established pursuant to
the Joint Exercise of Powers Act is empowered to issue
industrial development bonds pursuant to the California
Industrial Development Financing Act (Title 10 (commencing
with Section 91500 of the Government Code of the State of
California)) (the "Act ") and to otherwise undertake financing
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
;.ndebtedness, or certificates of participation in leases or
other agreements (all such instruments being herein
collectively referred to as "Bonds "); 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 Industry program (the "Program ").
e
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, 1987 (the "Initial
Agreement "), pursuant to which the California Counties
Industrial Development Authority has been established as a
separate entity under the Joint Exercise of Powers Act for the
purposes and with the powers specified in the Initial
Agreement; and
WHEREAS, the League of California Cities ( "LCC")
has determined to join as a sponsor of the Program and to
actively participate in the administration of the Authority;
and
WHEREAS, the Initial Participants have determined
to specifically authorize the Authority to issue Bonds
pursuant to Article 2 of the Joint Exercise of Powers Act
( "Article 2 ") and Article 4 of the Joint Exercise of Powers
Act ( "Article 40), as well as may be authorized by the Act or
other applicable law; and
WHERF.A.S, the Initial Participants desire to rename
the California Counties Industrial Development Authority to
better reflect the additional sponsorship of the Program; and
WHEREAS, each of the Initial Participants has
determined that it is in the public interest of the citizens
within its boundaries, and to the benefit of such Initial
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
Participants to use a public entity
the Joint Exercise of Powers Act to
their respective jurisdictions that
issued pursuant to the Act, Article
applicable provisions of law; and
of the Program
established pursuant to
undertake projects within
may be financed with Bonds
2, Article 4, or other
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 benefit to the inhabitants of the
jurisdictions of the Program Participants;
NOW, THEREFORE, the Program Participants, for and
in consideration of the mutual promises and agreements herein
contained, do agree to amend and restate the Initial Agreement
in its entirety to provide as follows:
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Section 1. P11rv05 e.
This Agreement is made pursuant to the provisions of
the Joint Exercise of Powers Act, relating to the joint
exercise of powers common to public agencies, 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 Bonds to finance projects within
the territorial limits of the Program Participants pursuant to
the Act, Article 2, Article 4, or other applicable provisions
of law; provided, however that nothing in this Agreement shall
be construed 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 as
otherwise permitted by law.
Within the various jurisdictions of the Program
Participants such purpose will be accomplished and said powers
exercised in the manner hereinafter set forth.
Section 2. Term.
This Agreement shall become effective in accordance
with Section 18 as of the date hereof and shall continue in
full force and effect for a period of forty (40) years from
the date hereof, or until such time as it is terminated in
writing by all the Program Participants; provided, however,
that this Agreement shall not terminate or be terminated 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 date.
Section 3. Authority.
A. CREATION 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 Statewide Communities Development Authority" (the
"Authority"), and said Authority shall be a public entity
separate and apart from the Program Participants. Its debts,
liabilities and obligations do not constitute debts,
liabilities or obligations of any party to this Agreement.
B. COMMISSION.
The Authority shall be administered by a Commission
(the "Commission ") which shall consist of seven members, each
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serving in his or her individual capacity as a member of the
Commission. The Commission shall be the administering agency
of this Agreement, and, as such, shall be vested with the
powers set forth herein, and shall execute and administer this
Agreement in accordance with the purposes and functions
provided herein.
Four members of the Commission shall be appointed by
the governing body of CSAC and three members of the Commission
shall be appointed by the governing body of LCC. Initial
members of the Commission shall serve a term ending June 1,
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. Any appointment to fill an
unexpired term, however, shall be for such unexpired term.
The term of office specified above shall be applicable unless
the term of office of the respective member is terminated as
hereinafter provided, and provided that the terra of any member
shall not expire until a successor thereto has been appointed
as provided herein.
Each of CSAC and LCC may appoint an alternate member
of the Commission for each member of the Commission which it
appoints. 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
Agreement to any member of the Commission shall be deemed to
refer to and include the applicable alternate member when so
acting in place of a regularly appointed member.
Each member or alternate member of the Commission
may be removed and replaced at any time by the governing body
by which such member was appointed. 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 Commission.
Members and alternate members of the Commission
shall not receive any compensation for serving as such but
shall be entitled to reimbursement for any expenses actually
incurred in connection with serving as a member or alternate
member, if the Commission shall determine 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,
and a Secretary of the Authority from among its members to
serve for such term as shall be determined by the Commission.
The Commission 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 Commission.
Subject to the applicable provisions of any
resolution, indenture or other instrument or proceeding
authorizing or securing Bonds (each such resolution,
indenture, instrument and proceeding being herein referred to
as an "Indenture ") providing for a trustee or other fiscal
agent, the Treasurer is designated as the depositary of the
Authority to have custody of all money of the Authority, from
whatever source derived.
The Treasurer of the Authority shall have the
powers, duties and responsibilities specified in
Section 6505.5 of the Joint Exercise of Powers Act.
The Treasurer of the Authority is designated 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 said amount
obtained in connection with another public office.
The Commission shall have the power to appoint such
other officers and employees as it may deem necessary and to
retain independent counsel, consultants and accountants.
The Commission shall have 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 Commission or officers or
agents of the Authority and to cause any of said members,
officers or agents to take any actions -.and execute any
documents or instruments for and in the name and on behalf of
the Commission or the Authority.
D. MEETINGS OF THE COMMISSION.
The Commission shall
meetings; provided, however, it
regular meeting each year. The
holding of the regular meetings
of the Commission and a copy of
with each party hereto.
provide for its regular
shall hold at least one
date, hour and place of the
shall be fixed by resolution
such resolution shall be filed
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379h5
(2) Soe ial Meetings.
Special meetings of the Commission may be called in
accordance with the provisions of Section 54956 of the
Government Code of the State of California.
(3) Ralph M Brown Act.
All meetings of the Commission, including, without
limitation, regular, adjourned regular, special, and adjourned
special meetings shall be called, noticed, held and conducted
in accordance with the provisions of the Ralph M. Brown Act
(commencing with Section 54950 of the Government Code of the
State of California).
(4) Minutes.
The Secretary of the Authority shall cause to be
kept minutes of the regular, adjourned' regular, special, and
adjourned special meetings of the Commission and shall, as
soon as possible after each meeting, cause a copy of the
minutes to be forwarded to each member of the Commission.
(5) Ounrum.
A majority of the members of the Commission which
includes at least one member appointed by the governing body
of each of CSAC and LCC shall constitute a quorum for the
transaction of business. No action may be taken by the
Commission except upon the affirmative vote of a majority of
the members of the Commission which includes at least one
member appointed by the governing body of each of CSAC and
LCC, except that less than a quorum may adjourn a meeting to
another time and place.
E. RULES AND REGULATIONS.
The Authority may adopt, from time to time, by
resolution of the Commission such rules and regulations for
the conduct of its meetings and affairs as may be required.
Section 4. Powers.
The Authority shall have any and all powers relating
to economic development authorized by law to each-of the
parties hereto and separately to the public entity herein
created, including, without limitation, the promotion of
opportunities for the creation and retention of employment,
the stimulation of economic activity, and the increase of the
tax base, within the jurisdictions of such parties. Such
powers shall include the common powers specified in this
O
Agreement and 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 to,
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 wherever located; to
incur debts, liabilities or obligations; to receive gifts,
contributions and donations of property, funds, services 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 the 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 issued
bonded and other indebtedness, and pledge any property or
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
powers 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 duties 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
city could exercise such powers and perform such duties. The
manner in which the Authority shall exercise its powers and
perform its duties shall not be subject to any restrictions
applicable to the manner in which any other public agency
could exercise such powers or perform such duties, whether
such agency is a party to this Agreement or not.
Section S. 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,
except for the first Fiscal Year which shall be the period
from the date of this Agreement to June 30, 1988.
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379h5
Section 6. Disposition of Assets.
At the end of the term hereof or upon the earlier
termination of this Agreement as set forth in Section 2
hereof, after payment of all expenses and 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 surplus 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 /or their financing shall be used by the Authority. The
fees and expenses of such counsel, consultants, advisors, and
the expenses of CSAC, LCC, and the Commission shall be paid
from the proceeds of the Bonds or any other unencumbered funds
of the Authority available for such purpose.
Section 8. Bonds Only Limited and Spedml
Obligations 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 LCC or pledge of the faith
and credit of the Program Participants, CSAC, LCC, or the
Authority. The Bonds shall 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 pledged 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 thereto,
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, LCC, or the Authority in any
manner be obligated to make any appropriation for such payment.
No covenant or agreement contained in any Bond or
Indenture shall be deemed to be a covenant or agreement of any
0
member of the Commission, or any officer, agent or employee of
the Authority in his individual capacity and neither the
Commission 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 9. Local Approval.
A copy of the application for financing of a project
shall be filed by the Authority with the Program Participant
in whose jurisdiction 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 located, or its duly
authorized 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 45 days of the filing with the Program
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 designated by
the applicable Program Participant, to the Authority.
All funds of the Authority shall be strictly
accounted for. The Authority shall establish and maintain
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 Participant.
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
accountant or public accountant in compliance with the
provisions of Section 6505 of the Joint Exercise of Powers
Act. In each case the minimum requirements of the audit shall
be those prescribed by the State Controller for special
districts under Section 26909 of the Government Code of the
State of California and shall conform to generally accepted
auditing standards. When such an audit of accounts and
records is made by a certified public accountant or public
accountant, a report thereof shall be filed as public records
with each Program Participant and also with the county auditoc
of each county in which a Program Participant is located.
Such report shall be filed within 12 months of the end of the
Fiscal 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 and shall be a charge against any
unencumbered funds of the Authority available for that purpose.
In any Fiscal Year the Commission may, by resolution
adopted by unanimous vote, replace the annual special audit
with an audit covering a two -year period.
The Treasurer of the Authority, within 120 days
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 appointed under each Indenture shall
establish suitable funds, furnish financial reports and
provide suitable accounting procedures to carry out the
provisions of said Indenture. Said trustee may be given such
duties in said Indenture as may be desirable to carry out this
Agreement.
Section 11. FundR.
Subject to the applicable provisions of each
Indenture, which may provide for a trustee to receive, have
custody of and disburse Authority funds, the Treasurer of the
Authority shall receive, have the custody of and disburse
Authority funds pursuant to the accounting procedures
developed under 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 shall be sufficient if delivered to the
clerk of the governing body of each Program Participant.
A Program Participant may withdraw from this
Agreement upon written notice to the Commission; 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 upon receipt of the notice of withdrawal by the
Commission which shall acknowledge receipt of such notice of
withdrawal in writing and shall file such notice as an
amendment to this Agreement effective upon such filing.
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Qualifying public agencies may be added as parties
to this Agreement and become Program Participants 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 (ii) 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 amendment hereto, effective upon such filing.
Section 14. Indemnification.
To the full extent permitted by lam, the Commission
may authorize indemnification by the Authority of any person
who is or was a member or alternate member of the Commission,
or an officer, employee or other agent of the Authority, and
who was or is a party or is threatened 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 the Authority, against
expenses, judgments, fines, settlements and other amounts
actually and reasonably incurred in connection with such
proceeding, if such person acted in good 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
would use under similar circumstances.
Section 15. Contributions and Advances.
Contributions or advances of public funds and 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 public 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.
Section 16. Immunities.
All of the privileges and 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 engaged in the performance of any of
their functions or duties extraterritorially under the
provisions of this Agreement.
Section 17.
Except as provided in Section 13 above, this
Agreement shall not be amended, modified, or altered except by
a written instrument duly executed by each of the Program
Participants.
Section 18. Effectiveness.
This Agreement shall become effective and be in full
force and effect and a legal, valid and binding obligation of
each of the Program Participants at 9:00 a.m., California
time, on the date that the Commission shall-have received from
each of the Initial Participants an executed counterpart of
this Agreement, together with a certified copy of a resolution
of the governing body of each such Initial Participant
approving this Agreement and the execution and delivery hereof.
Section 19. Partial Invalidity.
If any one or more of the terms, provisions,
promises, covenants or conditions of this Agreement shall to
any extent be adjudged invalid, unenforceable, void or
voidable for any reason whatsoever by a court of competent
jurisdiction, each and all of the remaining terms, provisions,
promises, covenants and conditions of this Agreement shall not
be affected thereby, and shall be valid and enforceable to the
fullest extent permitted by law.
Section 20. Successors.
This Agreement shall be binding upon and shall inure
to the benefit of the successors of the parties hereto.
Except to the extent expressly provided herein, no party may
assign any right or obligation hereunder without the consent
of the other parties.
Section 21. Miscellaneous.
This Agreement may
counterparts, each of which
which shall constitute but o
be executed in several
shall be an original and all of
ne and the same instrument.
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379h5
The section headings 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, understandings, 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 WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed and attested by their proper
officers thereunto duly authorized, and r o eals
to be hereto affixed, as of the day ye st above
written.
(SEAL)
ATTEST.
Name:
Title:
#Tqgram r
E ame: J �•
Title: C� 7
!�nt :
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A ke, i � ! Rp 7v/L
Approved by the Gilroy City Council on January 7, 2002.
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&taste of Cal"forn' ta
§§ecretarp of 6tate
C4C /tOf1M�
AMENDMENT TO A JOINT POWERS AGREEMENT
(Government Code Section 6503.5 or 6503.7)
Instructions:
1. Complete and mail to: Secretary of State, P.O. Box 944225,
Sacramento, CA 94244 -2250 (916) 653 -3984
2. Include filing fee of $1.00.
3. Do not include attachments.
Date of filing initial notice with the Secretary of State: May 2, 1989
FILE NO. ST
FIORD
M the office 0 $4 $ retery of 9hte
of the State of Cal'iforn'ia
JAN — 8 2001
BILL JONES, PCretarY of Stata
(office Use Only)
File number of initial notice: 949
Name of Joint Powers agreement: California Statewide Communities Development
Authori
Mailing Address: 1100 K Street, Suite 101, Sacramento, CA 95814
Complete one or more boxes below. The agreement has been amended to:
[ X ] Change the parties to the agreement as follows: please see attached list for parties to
the Agreement.
[ ] Change the name of the administering agency or entity as follows:
[ ] Change the purpose of the agreement or the powers to be exercised as follows:
[ ] Change the short title of the agreement as follows:
[ ] Make other changes to the agreement as follows:
January 4, 2001
Date
SEC/STATE FORM LP/SF 404 8 (REV. 12/99)
/AAA♦ _. �.
Signature
Virginia C Magan, AttoraeY fir
Typed Name and Title California Statewide
Communities Development Authority
ATTACHMENT A
AMENDMENT TO JOINT POWERS AGREEMENT
FOR THE
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
334 PARTICIPANTS AS OF JANUARY 4, 2001
CITIES (221)
City of Claremont
City of Clayton
City of Agoura Hills
City of Clearlake
City of Albany
City of Clovis
City of Alhambra
City of Coachella
City of Anaheim
City of Colton
City of Antioch
City of Commerce
Town of Apple Valley
City of Compton
City of Arcadia
City of Concord
City of Artesia
City of Corcoran
City of Atascadero
City of Corona
Town of Atherton
City of Cotati
City of Auburn
City of Cudahy
City of Avalon
City of Culver City
City of Azusa
City of Cypress
City of Bakersfield
Town of Danville
City of Banning
City of Davis
City of Beaumont
City of Del Rey Oaks
City of Bell
City of Dinuba
City of Benicia
City of Dos Palos
City of Berkeley
City of Downey
City of Brea
City of El Cajon
City of Brentwood
City of El Centro
City of Buena Park
City of Elk Grove
City of Burbank
City of Emeryville
City of Burlingame
City of Encinitas
City of California City
City of Escalon
City of Camarillo
City of Escondido
City of Campbell
City of Etna
City of Canyon Lake
City of Eureka
City of Carlsbad
City of Fairfield
City of Carson
Town of Fairfax
City of Cathedral City
City of Folsom
City of Ceres
City of Foster City
City of Chico
City of Fresno
City of Chino Hills
City of Fullerton
City of Chowchilla
City of Garden Grove
City of Chula Vista
City of Glendora
City of Citrus Heights
City of Grass Valley
DOCSSC I :268547.1
City of Gridley
City of Guadalupe
City of Hanford
City of Hawaiian Gardens
City of Healdsburg
City of Hercules
City of Hollister
City of Huntington Beach
City of Huntington Park
City of Industry
City of Inglewood
City of Ione
City of Irvine
City of King
City of Kingsburg
City of La Mesa
City of La Palma
City of Laguna Beach
City of Laguna Hills
City of Lake Forest
City of Lakeport
City of Lakewood
City of Lancaster
City of Lathrop
City of La Verne
City of Lincoln
City of Lindsay
City of Livermore
City of Livingston
City of Lodi
City of Lompoc
City of Long Beach
City of Los Angeles
City of Los Banos
City of Lynwood
City of Madera
City of Manteca
City of Marysville
City of Maywood
City of Merced
City of Millbrae
City of Mission Viejo
City of Modesto
City of Monrovia
City of Montclair
City of Montebello
Docssci:268547.1 2
City of Monterey
City of Monterey Park
City of Moorpark
Town of Moraga
City of Moreno Valley
City of Morgan Hill
City of Mountain View
City of National City
City of Newman
City of Norwalk
City of Novato
City of Oakland
City of Oakley
City of Oceanside
City of Orange
City of Oroville
City of Oxnard
City of Pacifica
City of Palmdale
City of Palos Verdes Estates
City of Paramount
City of Parlier
City of Pasadena
City of Patterson
City of Petaluma
City of Pico Rivera
City of Pinole
City of Pittsburg
City of Placerville
City of Pleasanton
City of Pleasant Hill
City of Pomona
City of Porterville
City of Poway
City of Rancho Santa Margarita
City of Redding
City of Redlands
City of Redondo Beach
City of Rialto
City of Richmond
City of Rio Vista
City of Ripon
City of Riverside
City of Rocklin
City of Rohnert Park
City of Roseville
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 Rafael
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 Santee
City of Sausalito
City of Seal Beach
City of Seaside
City of Selma
City of Southgate
City of South Lake Tahoe
City of Stockton
City of Suisun
City of Susanville
City of Thousand Oaks
City of Torrance
City of Tracy
Town of Truckee
City of Turlock
City of Tustin
City of Twentynine Palms
City of Union City
City of Upland
City of Vacaville
City of Vallejo
City of Vernon
City of Visalia
City of Vista
City of Walnut Creek
I)ocsscI:268547.1 3
City of Watsonville
City of West Covina
City of West Hollywood
City of Westminster
City of West Sacramento
City of Whittier
City of Woodland
COUNTIES (54)
Alameda County
Alpine County
Amador County
Butte County
Calaveras County
Colusa County
Contra Costa County
Del Norte County
El Dorado County
Fresno County
Glenn 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
Mono County
Monterey County
Napa County
Nevada County
Orange County
Placer County
Riverside County
Sacramento County
San Benito County
San Bernardino County
San Diego County
San Joaquin County
San Luis Obispo County
San Mateo County
Santa Barbara County
Santa Clara County
Santa Cruz County
Shasta County
Sierra County
Siskiyou County
Solano County
Sonoma County
Stanislaus County
Sutter County
Tehama County
Trinity County
Tulare County
Ventura County
Yolo County
Yuba County
DISTRICTS 1,511
American River Fire Protection District
Apple Valley Fire Protection District
Armona Community Services District
Big Bear City Community Services District
Bolinas Community Public Utility District
Bostonia Fire Protection District
Cambria Community Services 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
Idyllwild Fire Protection District
Indian Wells Valley Water District
Irish Beach Water District
June Lake Public Utility District
Keyes Community Services District
Lake Arrowhead Community Services
District
Lakeside Fire Protection District
DOCSSCI :268547.1 4
Lakeside Irrigation District
Los Trancos County Water District
Meeks Bay Fire Protection District
Mid Carmel Valley Fire Protection District
Millview County Water district
North County Fire Protection District
Northstar Community Services District
North Tahoe Fire Protection District
Oceano Community Services District
Orange County Fire Authority
Paradise Irrigation District
Rancho Cucamonga Fire Protection District
San Diego Rural Fire Protection District
San Lorenzo Valley Water District
San Miguel Consolidated Fire Protection
District
Scotts Valley County Water District
Sierra Lakes County Water District
Southgate Recreation and Park District
South Park County Sanitation District
Springville Public Utility District
Squaw Valley County Water District
Stinson Beach County Water District
Tri- Cities Municipal Water District
Truckee Fire Protection District
Tuolumne County Water District No. 1
Upper Lake County Water District
Vista Unified School District
Winton Water & Sanitary District
AGENCIES (7)
Carlsbad Housing and Redevelopment
Commission
City of Rialto Redevelopment Agency
Culver City Redevelopment Agency
Housing Authority of Riverside County
Peninsula Library System
Sonoma County Water Agency
Whittier Redevelopment Agency
CITY AND COUNTY (11
City and County of San Francisco
I
AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT MET COMMUNITIES
RELATING TO DEVELOPMENT AUTHORITY
THIS AGREEMENT, dated as of un
among the parties executing this Agreement
except those which have withdrawn in accori
13 hereof, being herein referred to as the
Participants "):
WITNESSETH
1, 1988, by and
(all such parties,
lance with Section
Program
WHEREAS, pursuant to Tateeof�California�(theapJoint
of the Government Code of the St ublic agencies may by
Exercise of Powers Act "), two Oroueze common to the contracting
agreement jointly exercise any p
parties; and
WHEREAS, each ofrthe Program
nedPintSections a
6500of the
public agency" as that to
of the State of California, and
GQVeznment Cade
WHEREAS, each of the Program Participants iswithout
empowered to promote economic Opportunities forlthencreation or
:i- �:ation, the promotion of opp
retention of employment, the stimuwithin its eboundaries; and
yl
and the increase of the tax base,
WHEREAS, a public entity established pursuant to
the Joint Exercise of Powers pursuantmtowthed California
ln
industrial development bonds pursuant
(Title 10 (commencing
Industrial Development Financing
with Section 91500 "of the Govtcnctherwise State of
California) ) (the -Act-) and
programs under the Joint Exercise of Powers Act or other conomc
applicable provisions of l notes, Oreotherlevidences of
through the issuance of bonds
participation in leases or
indebtedness, or certificates of P herein
other agreements (all
tocasl- Bonds - being ); and
collectively ref develop ment
WHEREAS, in order to promote economic
within the State of California,
the County Supervisors
Association of CaliforniaAssociationtO has hestablished the
California manufacturers (the "Program")'
Bonds for Industry P 9
WHEREAS, in furtherance of the Program, certain
California counties (collectively, the 'Initial Participants ")
have entered 18,n1987e(thee'Initialrs _
Agreement d
Agreement'), pursuant to which the California Counties
Industrial Development Authority has been established as a
separate entity under the joint ercisinof Powers
nitialt for the
purposes and with the powers p er
Agreement; and
WHEREAS, the League of California Cities ('LCC ")
has determined to join as a sponsor of the Program and to
actively participate it the administration of the Authority;
and
WHEREAS, the Initial Participants issue determined Bonds
to specifically authorize the Authority
Act
pursuant to Article the
ofJoint
the oint1EaezciseWofsPowers
( "Article 2 ") and Article 4
Act ('Article 4"), as well as may be authorized by the Act oz
other applicable law; and
WHEREAS, the initial Participants desire to rename
the California Counties
better reflect the ad
WHEREAS, each of the Initial Participants has
determined that it is interest of
suchhInitialens
within its boundaries,
Participant and the d area
andaZestateoin served
Participant, to amend an
Agreement in order to implement the provisions set forth
above; and
WHEREAS, it is the desire of the iProgram
pursuant to
Participants to use a public entity
the 3oint_Eaercise of powers mayebeafinancedcwith1Bonds
their respective jurisdictions
issued pursuant to the Act, Article 2, Article 4, or other
applicable provision
WHEREAS, the projects undertaken will result in
significant public benefits, 1 ofcthe1Actthaneinczeasedelevelsof
set forth in Section 91
economic activity, or an increased tax base, and will:
therefore serve and be of benefit to the inhabitants of the
jurisdictions of the Program Participants;
NOW, THEREFORE,
the Program Participants, for and
in consideration of the promises
contained, do agree to r estate and
in its entirety to provide as follows:
A
Section 1. Purpose.
This Agreement is made pursuant to the provisions of
the Joint wers commoneto relatin to
in this joint
thiscase
exercise of f po
being the Program Participants. The Program Participants eac
possess the powers referred to in the recitals hereof. The
purpose of this Agreement is to establish an agency f and
with the purpose of, issuing Bonds to finance projects within
the territorial limits of the Program Participants pursuant to
the Act, Article 2, Article 4, or other app li 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 I authorities under the Act, or as
ctherwise permitted by law.
within the various jurisdictions of the Program
Participants such purpose
hereinafteresetpfortha and said powers-
exercised in the manner
Section 2. Term.
This Agreement shall become effective as of the date
hereof and shall continue in full force and effect for a
Cz�od of forty (40) years from the date hereof, or until such
P " " all the Program
time as it is terminated in writing by
participants; provided, however, that.this Agreement shall not
terminate or be terminated 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 date.
Section 3. Authority.
A. CREATION AND POWERS OF AUTHORITY.
(l) Pursuant to the Jentityztocbeeknownoasrthect,
there
is hereby created a public
"California Statewide Communities Development Authority" (the
"Authority'), and said,Authority shall be a public entity
separate and apart from the Program Participants. Its debts,
.j liabilities and obligations do not constitute debts,
ons of any p Agreement.
liabilities or obligati
$. COMMISSiON.
The Authority shall be administered by a Commission
(the "Commission ") which shall consist of seven members, each
M
serving in his or her individual capacity as a member of the
Commission. The Commission shall be the aesnisteringtagency
of this Agreement, and, as such, s
powers set forth herein, and shall execute and administer -this
Agreement in accordance with the purposes and functions
provided herein.
Four members of the Commission shall be appointed by
the governing body of CSAC and three members of the Commission
shall be appointed by the governing body of
members of the Commission shall serve a term ending June 1,
1991. Successors respectiveeinitial shall
member selected
selected and
manner in which the P appointment to fill an
shall serve a term of three years. And
unexpired term, however, shall be for such unexpired term.
The term of office specified above shall be applicable unless
the term of office of and providedvthatmthe terminated as
hereinafter proved P appointed .
shall not expire until a successor thereto has been
as provided herein.
Each of CSAC and LCC may appoint an alternate member
of the Commission for each member-of the Commission which it
appoints. 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 '
,,::ecment to any member of the Commission shall be deemed to
refer to and include the applicable alternate member when so
acting in place. of a regularly appointed member.
Each member or alternate member of the Commission
may be removed and replaced at any time by a governing body
by which such member we s appointed. Any
any member of the governing
asbody mr Ste
oz alternate zmember of
to serve shall be eligible
the Corti-nission.
Members and alternate members of the Commission
shall not receive any compensation for serving as such but
shall be entitled to reimbursement for any expenses actually
member or alternate
incurred in connection with serving as a
member, if the e
unencumbered ,funds
shall be zeimbmb
for such purpose.
C: OFFICERS; DUTIES; OFFICIAL BONDS.
The Commission shall elect a Chair, a Vice - Chair,
and a Secretary of the AuthoLity from among its members to
serve .f or such term as shall be erssa�n.
The Corr ,fission shall app oint one
4
employees to serve as treasurer, auditor, tandect trollerofof
the Authority (the 'Treasurer') pursuant
the Joint Exercise of Powers Act to serve for such term as
shall be determined by the Commission.
Subject to the applicable provisions of any
resolution, indenture or other
(eachrsuchtresolutionding
authorizing ns securing proceeding being herein referred to
indenture, instrument and
as an -Indenture-) providing for a trustee or other fofGthe
agent, the have custodyeofgallemoney of the Authority to o Authority, from
whatever source derived.
The Treasurer of the Authority shall have the
powers, duties and responsibilities specified in ..
Section 6505.5 of the Joint Exercise of Powers Act.
The Treasurer of the Authorityfs designated as the
public officer or person who has charge oand such officer
access to any property of the Authority,
shall file an official resolutionooftthe
Authority in the a mount
Commission but in no event n
a�uch officer may satisfy
$1,000- if and
extent permitted by law,
requirement by filing an official bond in at least said amount
obtained in connection with another public office.
The Commission shall have the power to appoint such
cter officers counsel, consultants dand accountants.
retain independent
The Commission shall have 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 Co anysofnsaidomembers , or
agents of the Authority actions and execute any
officers or agents to take any
documents or instruments foO11and in the name and on behalf of
the Commission or the Authority.
D. MEETINGS OF THE COMMISSION.
(1) Reaulaz Meetings.
The Commission shall provide for its regular
meetings; provided, however, it shall hold at least one
regular meeting each year. The date, hour and place of the
holding of the regular meeting of such shall b
resolutionshallobetfiled
of the Commission and a copy
with each party hereto.
9
5
H
(2) Special Meetings.
Special meetings of the commission may be called in
accordance with the provisions of Section 54956 of the• _
Government Code of the State of California.
(3) Ralph M. Brown Act.
All meetings of the Commission, including, without
limitation, regular, adjourned regular, special, and adjourned
special meetings shall be called, noticed, held and conducted
in accordance with the provisions of the Ralph M. Brown Act
(commencing with Section 54950 of the Government Code of,the
State of California) .
(4) Minutes
The Secretary of the Authority shall cause to be
kept minutes of the regular, adjourned regular, special, and
adjourned special meetings of the Commission and shall, as
soon as possible after each meeting, cause a copy of the
minutes to be forwarded to each member of the Commission.
(5) uorum.
A majority of the members pf the Commission which
1D414des at least one member appointed by the governing body
of each of CSAC and LCC shall constitute a quorum for the
transaction of business. No action-may be taken by the
Coruaission except, upon the affirmative vote of a majority of
the members of the Commission which incudes at least one
member p that goerning
of CSAC d
a meeting to
LCC, excecept t t
another time and place.
E. RULES AND REGULATIONS.
The Authority may adopt, from time to time, by
resolution of the Commission such rules and regulations for
the conduct of its meetings and affairs as may be required.
Section 4. Powers.
The Authority shall have any and all powers relating
to economic development authorized by law to each of the
parties hereto and separately to the public entity herein
created, including, without limitation, the promotion of
opportunities for the creation and retentiop of employment,
oppou
the stimulation f of economic activity,_and the increase of the
tax base, within the jurisdictions. of such parties.. Such
powers shall include the common powers specified in this
6
to
Agreement and may be exercised in the maAilzsuand ch powerslcommon
the method provided in this Agreement.
The
to the parties are specifietoodozallfacts necessary for
Authority is hereby authorized but not limited to,
cise of such powers, including,
l
any ex all of the following: to make and enter
the exer uire,
contracts; to employ agents and employees; to to B acq n of, or
construct, provide for maintenance anworks or improvements; to
maintain and operate, any buildings, wherever located; to
acquire, hold or dispose of property
• to receive .gifts,
incur debts, liabilities or obligations, funds, services and
contributions and donations of property, funds,
corporations
other forms of assistance frotoPsueoand be sued in its own
and any governmental entity;
name; and generally to do any and all things necessary or
convenient to the promotion of economic development, including
without
limitation tunities for 'the
i theIpromotion of oppor .
citation or retention of employment, the stimulation of
economic activity, and the outclimiting the generalityaOf the
herein contemplated. with
foregoing, the Authority may issue or cause to be issued
bonded and other indebtedness, and pledge any any property or
under the Joint
revenues as security to the extent p
Exercise of Powers Act, including Article lawand Article 4, the
Act or any other applicable provision
The manner in which the Authority shall exercise its
powers and perform its duties is and shall be subject to the
restrictions upon the aeandnperforma California
suchduties untilya
could exercise such powers shall become a Program
California general law city
Participant, at which shall law
restrictions upon the perform such duties. The
city could exercise such city powers hall exercise its powers and
manner in which the Authority restrictions
perform its duties shall not be subject to any r agency
applicable to the manner in which any whether
could exercise sucarPow�osthis perform
Agreementcordnot.
such agency is a party
Section S. Fiscal Year.
For the purposes'of this Agreement, the term 'Fiscal
Year" shall mean the fiscal year as established from time to
at the d
time by the Authority, being, ate of this Agreement,
o
June 30,
the period from July 1 t and including the following be
except for the l June sha first Fiscal period
from the date of this Agreement
7
:-7Ghr,
Section C. Disposition of Assets.
At the end of the term hereof or upon the earlier
termination of this Agreement as set forth in Section 2
hereof, after payment of all expenses and liabilities of the
Authority, all property of the Authority
the both re aparticipants
personal shall automatically vest in
and shall thereafter remain the sole property of the Program
Participants; provided, however, that any surplus 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/or their financing shall be used by the Authority.
The
fees and expenses of such counsel, consultants, advisors, and
the expenses of CSAC ,CBonds or e any other Commission a
unencumbered funds
from the proceeds of the
of the Authority available for such purpose.
Section 9. local Approval.
A copy of the application for financing of a project
shall be filed by the Authority with the Program Participant
in whose jurisdiction the project is to be located., roect
Authority shall not issue Bonds with respect to any pro
m Participant in whose
unless the governing body of the Progra
jurisdiction the project isto located,
itiorits duly
approve, authorized designee, shall
unconditionally, the project, including the issuance of Bonds
therefor.- Action to approve or disapprove a project shall be
taken within 45 days of the filing with the Program
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 designated by
the applicable Program Participant, to the Authority,
Section S. Bonds Only► Limited and Special
Obligations of Author
,rt -
The Bonds, together with the interest and premium,
not be deemed to constitute a debt of
if any, thereon, shall
t, CSAC, or LCC or pledge of the faith
any Program Participan
and credit of the Program Participants, CSAC, LCC, or the
H
In
Authority. The Bonds shall special oligations
cizcumstancesfbehe
Authority, and the Authority shall
obligated to pay the Bonds or the respective project costs
except from revenues and other funds pledged thereforAuthDZity
Neither the Program Participants, CSAC, enth u any,
shall be obligated to pay the principal* Of., p t
or interest on the Bonds, or other costs incidental thereto,
and
except from the revenues and funds pledged theWefor, the
neither the faith and credit nor the taming p O or
program Participants nor the faith and credit of CSAC, LCC, pal
the Authority shall be pledged to the payment of the
of, premium, if any, or interest on the Bonds nor shall the
Program Participants, CSAC, LCC, appropriation utho for in anpayment..
manner be obligated to make any pp o p
No covenant or agreement contained in any Bond or
Indenture shall be deemed to be agreemerit of
member of the Commission, or any officer ,
the Authority in his individual capacity and neither the
Commission of the Authority nor any officer thereof executing-
the Bonds shall be liable personally on any Bond
e r beofuthect
to any personal liability or accountability by
issuance of any Bonds.
Section 10. Accounts and Rep -its.
All funds of the Authority shall be strictly
accounted for. The Authority shall establish and any provision y be required good maccounting
such funds and arvisionofanyindenture(to the extent
practice and by any p
The
such duties are not as
to a trustee of Bonds).
books and records of the Authority shall be open to inspection
at all reasonable times by each Program Participant.
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
accountant or public accountant in compliance with the
provisions of Section 6505 of the Joint Exercise of Powers
Act. In each case the minimum requirements of the audit shall
be those prescribed by the State Controller for special
districts under Section 26909 of the Government Code of the
State 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
accountant, a report thereof shall be fled ilth as public records r
with each Program Participant and also
of each county in which a Program Participant is located.
Such report shall be filed within 12 months of the end of the
Fiscal Year or Years under examination.
9
"A 70h5
Any costs of the audit, including contracts with, or
employment of, certified public accountants or public
accountants in making an audit shallPursuant atchazge against Section,
ar�yall
be borne by the Authority nd
unencumbered funds of the Authority available for that purpose.
In any Fiscal Year the Commission may, by resolution
adopted by unanimous vote, replace.the annual special audit
with an audit covering a two -year period.
The Treasurer of the Authority, within 120 days
after the close allcfinancialYactivities complete
written report of f Fiscal
Year to each of the pVe9ed b
Participants
activities are not co y the reports of
the Bonds. The trustee appointed under each Indenture shall
rts and
establish suitable funds, furntoacazryoout the
provide suitable accounting procedures
provisions of said indenture. asmay cazryvoutsthis
duties in said Indenture Y
Agreement.
Sect ion 11. Funds. .
Subject to the applicable provisions of each
Indenture,
which may provide for a trustee to receive, have
custody of and disburse Authority funds,
the Treasurer of the
Authority shall receive, have the custody Of and disburse
A,1thnrity funds pursuant to the accounting p r
developed under 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 shall be sufficient if delivered to the
clerk of the governing body o f each
Section 13. Withdrawal and Addition of Parties.
A Program participant may withdraw from this
Agreement upon written 1thdrawal shalloresultoin theprovided,
however, that no such W
dissolution of the Authority so long as any Bonds Amain be
outstanding under an Indenture. Any such
effective only .upon receipt ledge zeceiptoofwsuchrnoticeyofhe
Commission which shall ac
know
withdrawal in writing and shall file such notice as an
amendment to this Agreement effective upon such filing.
10
Qualifying public agencies may be added as parties
to this Agreement and become Program Participants upon: (i)
the filing by such public agency of an executed counterpart of
this Agreement, together with a certified copy _
resolution of the governing body of such public agency
approving this Agreement and the execution and delivery
hereof; and (ii) adoption of a resolution of tSeaCpmmission
approving the addition of such public agency a
Participant. Upon satisfaction of such conditions,
the
Commission shall file such executed counterpart of this
Agreement as an amendment hereto, effective upon such filing.
Section 14. Indemnification.
To the full extent permitted by law, the Commission
may authorize indemnification by the Authority of any--person
who is or was a member or alternate member of the Commission,
or an officer, employee or other agent of the Authority,
who was or is a party or is threatened 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 the Authority, against
expenses, judgments, fines, settlements and other amounts
actually and reasonably incurred in connection with such
proceeding, if such person acted in good 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
would use under similar circumstances.
Section 1S. Contributions and Advances.
Contributions or advances of public funds and 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 public 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 upon party
making such advance
Section 16. Immunities.
All of the privileges and immunities from all
les
liabilities, exemptions from workers Zdcompensationruand /other
pension, relief, disability,
benefits which apply to the activity of officers, agents or
employees of Program Participants when performing their
11
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 engaged 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 alteredog except by
a writte.�instrument duly executed by
Participants. I •-
Section 18. Effectiveness.
This Agreement shall become effective and be in full
'force and effect and a legal, valid and binding obligation of.
each of the Program Participants at 9:00 a.m., California
time, on the date that the Corasnission shall have received from
each of the Initial Participants an executed counterpart ofion
this Agreement, together with a certified copy
of the governing body of each such Initial Participant
approving this Agreement and the execution and delivery her
Section IS. partial Invalidity.
If any one or more of the terms, provisions,
promises, covenants or conditions of this Agreement shall to
any extent be adjudged invalid, unenforceable, void or
voidable for any reason whatsoever by a court of competent
jurisdiction, each and all of the remaining terms, provisions,
ll not
promises, and the
be affected thereby ,
fullest extent permitted by law.
Section 20. Successors.
This Agreement shall be binding upon and shall inure
to the benefit of the successors of the parties hereto.
Except to the extent expressly provided herein, no party may
assign any right or obligation hereunder without the consent
of the other parties.
Section 21. Miscellaneous.
This Agreement may be executed in several
counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
12
The section headings 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 orhheld approval
is required, the same shall not be unreasonably s
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
which
statement of the agreement among the parties hereto,
supercedes and merges all prior proposals, u derstandings, and
other agreements, including, without
Agreement, �+hether oral, Written, or implied in conduct,
between and among the parties relating to the subject matter
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
per
this Agreement to be ezea�thorizedatandttbeir officialoaeals
officers thereunto duly
hreto affixed, as of the day and year first above
t o be e
written.
[SEAL]
ATTEST,:
By
Name: Rhonda Pellin
Title: City Clerk
APPROVED: June 14, 1999
Title: City Administrator
13
r�
ATTACHN[ENT A
AMENDMENT TO A JOINT POWERS AGREEMENT
FOR THE
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
270 PARTICIPANTS AS OF June 8, 1998
CITIES 173
City of Agoura Hills
City of Cypress
City of Alhambra
Town of Danville
City of Albany
City of Davis
City of Altascadero
City of Dos Palos
City of Anaheim
City of El Cajon
City of Arcadia
City of El Centro
City of Auburn
City of Emeryville
City of Avalon
City of Encinitas
City of Azusa
City of Escondido
City of Bakersfield
City of Etna
City of Banning
City of Eureka
City of Beaumont
City of Fairfield
City of Bell
City of Folsom
City of Benicia
City of Fresno
City of Berkeley
City of Fountain Valley
City of Brea
City of Fullerton
City of Brentwood
City of Glendora
City of Buena Park
City of Grass Valley
City of Burbank
City of Gridley
City of Burlingame
City of Hanford
City of Campbell
City of Hawaiian Gardens
City of California City
City of Hercules
City of Canyon Lake
City of Hollister
City of Carlsbad
City of Huntington Beach
City of Carson
City of Huntington Park
City of Cathedral City
City of Industry
City of Ceres
City of Inglewood
City of Chula Vista
City of Ione
City of Chowchilla
City of Irvine
City of Citrus Heights
City of La Mesa
City of Claremont
City of La Palma
City of Clearlake
City of Laguna Beach
City of Clovis
City of Laguna Hills
City of Commerce
City Lake Forest
City of Corcoran
City of Lakeport
City of Corona
City of Lakewood
City of Cotati
City of Lancaster
City of Cudahy
City of Lathrop
City of Lincoln
City of Redlands
City of Rialto
City of Lindsay
City of Richmond
City of Livingston
City of Riverside
City of Lodi
City of Rohnert Park
City of Lompoc
City of Long Beach
City of Roseville
City of Los Angeles
City of Sacramento
City of Salinas
City of Los Banos
City of Lynwood
Town of San Anselmo
City of San Bernardino
City of Madera
City of San Bruno
City of Manteca
City of Marysville
City of San Buenaventura
City of Maywood
City of San Diego
City of San Gabriel
City of Merced
City of San Jose
City of Millbrae
City of Mission Viejo
City of San Juan Capistrano
City of San Luis Obispo
City of Modesto
City of San Marcos
City of Monterey
City of Monterey Park
City of Sanger
City of Santa Clarita
Town of Morgga
City of Moreno Valley
City of Santa Cruz
City of Santa Fe Springs
City of Morgan Hill
City of Mountain View
City of Santa Maria
City of Santa Monica
City of National City
City of Santa Paula
City of Norwalk
City of Santa Rosa
City of Novato
City of Oakland
City of Sausalito
City of Seal Beach
City of Oceanside
C
City of Seaside
City of Orange
C
City of Oroville
City of Selma
City of Oxnard
City of Southgate
City of South Lake Tahoe
City of Pacifica
City of Palmdale
C
k
City of Stock-ton
City of Palos Verdes Estates
City of Suisun
City of Thousand Oaks
City of Paramount
City of Pasadena
City of Torrance
Town of Truckee
City of Patterson
City of Turlock i
City of Petaluma
C
City of Pinole
City of Twentytiint Palms
City of Pittsburg
C
City of Union City
City of Upland
City of Placerville
City of Vacaville
City of Pleasanton
City of Pleasant Hill
City of Vallejo
City of Pomona
C
City of Visalia
City of Vista
City of Porterville
City of Watsonville
City of Poway
City of West Covina
City of Redding
DocSLAI :78072.1
Page 2 of 4
City of West Sacramento
Tehama County
City of Whittier
Trinity County
City of Woodland
Tulare County
Ventura County
COUNTIES (47)
Yolo County
Yuba County
Alameda County
Butte County
DISTRICTS (45)
Calaveras County
American River Fire Protection District
Colusa County
Apple Valley Fire Protection District
Contra Costa County
Armona Community Services District
Del Norte County
Big Bear City Community
El Dorado County
Services District
Glenn County
Bolinas Community Public Utility District
Humboldt County
Bostonia Fire Protection District
Imperial County
Cardiff Sanitation District
Inyo County
Chino Valley Independent Fire District
Kern County
Crest Fire Protection District
Kings County
Davis Joint Unified School District
Lake County
Diablo Water District
Lassen County
Encinitas Fire Protection District
Los Angeles County
Encinitas Sanitary District
Madera County
Hamilton Branch Community Services
Mariposa County
District
Mendocino County
Hilmar County Water District
Merced County
IdylMd Fire Protection District
Modoc County
Irish Beach Water District
Monterey County
June Lake Public Utility District
Napa County
Keyes Community Services District
Nevada County
Lake County Service Area No. 20
Orange County
Lakeside Fire Protection District
Placer County
Lakeside Irrigation District
Riverside County
Los Trancos County Water District
Sacramento County
Madera County Maintenance District No. 1 -
San Bernardino County
Hidden Lakes Estates
San Diego County
Meeks Bay fire Protection District
San Joaquin County
Mid Carmel Valley Fire Protection District
San Mateo County
Millview County Water District
Santa Barbara County
North County Fire Protection District
Santa Clara County
Oceano Community Services District
Santa Cruz County
Paradise Irrigation District
Sierra County
Peninsula Library System
Siskiyou County
Rancho Cucamonga Fire Protection District
Solano County
San Bernardino County Service Area No. 70
Sonoma County
San Diego Rural Fire Protection District
Stanislaus County
San Lorenzo Valley Water District
Sutter County
DOCSLAI :78072.1
Page 3 of 4
San Miguel Consolidated Fire Protection
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
CITY AND COUNTY (1)
City and County of San Francisco
nocsui:78072.1
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