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HomeMy WebLinkAboutGPFFA - JPA - Amendment No. 1FIRST AMENDMENT TO JOINT POWERS AGREEMENT GILROY PUBLIC FACILITIES FINANCING AUTHORITY This FIRST AMENDMENT TO JOINT POWERS AGREEMENT (this "First Amendment ") is dated as of July 1, 2013, among the CITY OF GILROY, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City "), the SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF GILROY, a public entity duly organized and existing under the laws of the State of California (the "Successor Agency "), and the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF GILROY, a public entity duly organized and existing under the laws of the State of California (the "Industrial Development Authority "); BACKGROUND: 1. The City and the Community Development Agency of the City of Gilroy (the "Agency ") have previously entered into a Joint Exercise of Powers Agreement dated as of March 21, 1994 (the "Joint Powers Agreement ") forming the Gilroy Public Facilities Financing Authority (the "Authority ") as a separate public agency under the laws of the State of California. 2. The Agency has been dissolved under the provisions of Assembly Bill X1 26, which became effective on June 29, 2011 (the "Dissolution Act "), and under the Dissolution Act all of the authority, rights, powers, duties and obligations of the Agency have been vested in the City of Gilroy, as the Successor Agency. 3. The Industrial Development Authority has been formed pursuant to Ordinance No. 82-4 adopted by the City Council of the City on February 1, 1982, as a public entity duly organized and existing under the laws of the State of California. 4. In order to ensure the continuing existence of the Authority, the City and the Successor Agency have proposed to add the Industrial Development Authority of the City of Gilroy (the "Industrial Development Authority ") as an additional member. 5. Concurrently with the addition of the Industrial Development Authority as an additional member of the Authority, the parties to the Joint Powers Agreement have further proposed to remove the Successor Agency as a member of the Authority. AGREEMENT: In consideration of the premises and the material covenants contained herein, the City, the Successor Agency and the Industrial Development Authority hereby agree as follows: Section 1. Amendment to Add Industrial Development Authority as Additional Member. The Joint Powers Agreement is hereby amended by adding the Industrial Development Authority as an additional party thereto. By its execution of this First Amendment, the Industrial Development Authority shall become a member of the Authority for all purposes thereof, and shall be deemed to be a signatory to the Joint Powers Agreement. From and after the date of execution and delivery of this First Amendment, the Industrial Development Authority shall be deemed to be a "Member" of the Joint Powers Agreement under and within the meaning thereof. Section 2. Amendment to Remove Successor Agency as Member. The Joint Powers Agreement is hereby further amended by removing the Successor Agency as a member of the Authority. By its execution of this First Amendment, the Successor Agency shall cease to be a member of the Authority for all purposes thereof. Section 3. Technical Amendments. (a) Section 2.03 of the Joint Powers Agreement is hereby amended to read in its entirety as follows: "Section 2.03. Board. The Authority shall be administered by a Board of seven (7) Board Members. The members of the City Council of the City ex officio shall constitute the Board Members of the Authority. The number and composition of the Board Members may be changed by amendment of this Agreement. The Board shall be called the "Governing Board of the Gilroy Public Facilities Financing Authority." All voting power of the Authority shall reside in the Board." (b) Section 2.03 of the Joint Powers Agreement is hereby amended to read in its entirety as follows: "Section 8.01. Notices. Notices hereunder shall be in writing and shall be sufficient if delivered to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, California 95020 Industrial Development Authority of the City of Gilroy City Hall 7351 Rosanna Street Gilroy, California 95020" Section 4. Effect of Amendment. The Joint Powers Agreement shall remain in effect, and the Authority shall continue its existence as a joint exercise of powers agency under the laws of the State of California, at all times following the execution and delivery of this First Amendment, notwithstanding the dissolution of the Agency and any resulting dissolution of the Successor Agency. Section S. Effective Date. This First Amendment shall take effect immediately upon the adoption of a resolution approving the execution and delivery hereof by the governing body of each of the City, the Successor Agency and the Industrial Development Authority, notwithstanding that the execution and delivery of this First Amendment may take place subsequent to the adoption of such resolutions. Section 6. Execution in Counterparts. 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. Section 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Al LIV ATTEST: M ATT By: Freels, Setretary CITY OF GILROY C� By: " Donald Gage, Mayor SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF GILROY By: I Donald Gage, Chair INDUSTRIAL DEVELOPMENT. AUTHORITY OF THE CITY OF GILROY By: Donald Gage, Chair EST: 1 a Freels, S retary