HomeMy WebLinkAboutA4049 - PACIFIC HOUSING & FINANCE JOINT AGREEMENT Pacific Housing & Finance
�- Joint Exercise of Powers
AGREEMENT #4049
R19418, 12-2-98
EXECUTION COPY
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE PACIFIC HOUSING & FINANCE AGENCY
Dated) as of September 1, 1997
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JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE PACIFIC HOUSING & FINANCE AGENCY
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This Joint Exercise of Powers Agreement (the "Agreement"), dated for convenience as
September 1, 1997, is made and entered into by the signatories hereto, each a public entity duly
organized and existing under the Constitution and laws of the State of California (each a
"Member"or a"City,"and collectively, the"Members").
RECITALS
WHEREAS, the Members are each authorized and empowered to provide home mortgage
loans to qualified persons and families; finance the construction,rehabilitation, acquisition, lease,
and sale of housing; promote economic development; finance other capital improvements; and
issue revenue bonds to provide the funds therefor; and
WHEREAS, Chapter 5 of Division 7 of Title 1 of the California Government Code
(commencing at Section 6500) (the ".Act") provides that two or more public agencies may by
agreement jointly exercise any powers common to the parties to the agreement and may by that
agreement create an entity which is separate from the parties to the agreement; and
WHEREAS, the parties to this agreement have each determined (1) that the public interest
and economy will be served by, and require, the joint exercise of their common powers and
(2) that a separate agency shall be created which shall have and exercise those powers common to
the Members;
NOW, THEREFORE, for and in consideration of the mutual benefits and premises
contained herein, the Members agree as follows:
ARTICLE 1
DEFINITIONS AND INTERPRETATION
Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in this
Section shall have the meanings herein specified for all purposes of this Agreement
,A enc
The term "Agency" shall mean the Pacific Housing & Finance Agency created by this
Agreement
Agreement
The term "Agreement" shall mean this Joint Exercise of Powers Agreement as it now
exists or as it may from time to time be amended, supplemented or modified by the addition of
signatory parties or by any supplemental agreement or amendment entered into pursuant to the
provisions hereof.
Associate Member
The term "Associate Member" shall mean those Members identified as such in Section
3.03, and which shall not be entitled to appoint a representative to serve on the Board.
Board
The term `Board" shall mean the governing board of directors of the Agency as described
in Article 8 hereof.
Bonds
The term "Bonds" shall mean revenue bonds, notes, certificates of participation, or other
evidences of indebtedness of the Agency, authorized and issued pursuant to law.
Members
The term "Members" shall mean the governmental entities jointly exercising power
through, and which are signatory to, this Agreement. The Members may also be referred to as the
"Cities."
Program
The term "Program" shall mean the Agency's activity of furthering home ownership in the
geographical area of the Members signatory to this Agreement and of financing other capital
improvements, through the sale of revenue bonds, the purchase, construction or rehabilitation of
housing or other capital improvements, the entering into of leases, the sale of housing, the
provision of low-down-payment mortgages for buyers, and the exercise of any other powers
available to the Agency under Article 2 or Article 4 of the Act.
Voting Members
The term "Voting Members" shall mean those Members identified in Section 3.02 as such,
and which shall be entitled to appoint a representative to serve on the Board as a voting member.
Section 1.02. Captions and Headings. Captions and headings used herein are for
convenience of reference only, do not define or limit the scope of any provision hereof, and are
not to be considered in construing this Agreement.
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ARTICLE 2
PURPOSE
Section 2.01. Purposes of Agreement and Agency. This Agreement is made pursuant to
the Act for the joint exercise of certain powers common to the Members. The Members are
empowered by the laws of the State of California to exercise powers as specified in the Recitals.
It is also the purpose of this Agreement to provide for the inclusion at a subsequent date of such
additional Members as may desire to become signatories to this Agreement and members of the
Agency. The purpose of the Agency is to carry out the Program for the public good and for the
residents who will benefit from the increased availability of housing affordable for purchase by
them.
ARTICLE 3
MEMBERSHIP;WITHDRAWAL
Section 3.01. Contract With All Other Members. Each Member certifies that it intends to
and does contract with all other Members which are signatories to this Agreement and with such
other Members as may later be added as signatories to this Agreement. Each Member also
certifies that the deletion of any Member as a party to this Agreement, except as a joint effort to
terminate the Agreement pursuant to ;Section 7, shall affect neither this Agreement nor its intent
to contract with the remaining Members to carry out the purpose of this Agreement All
Members to this Agreement acknowledge and agree that additional parties may become Members
to this Agreement without formal amendment hereof, by the execution of a counterpart signature
page.
Section 3.02. Voting Members. The Voting Members of the Agency are listed on
Exhibit A, attached hereto, and shall be entitled to appoint a City Councilmember or City staff
member to serve on the Board.
Section 3.03. Associate Membg_,sr . The Associate Members of the Agency are listed on
Exhibit B, attached hereto, and shall not be entitled to appoint a City Councilmember or City staff
member to serve on the Board, and shall not have voting power on such Board.
Section 3.04. Withdrawal. Members of the Agency may withdraw from membership in
the Agency at any time upon thirty (30) days' advance written notice, subject to the following
exceptions:
(a) the restriction on withdrawal contained in Section 7.01 hereof; and
(b) a Member may not withdraw for so long as loans are being made under the
Program.
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ARTICLE 4
CREATION OF THE AGENCY
Section 4.01. Creation of the Aeencv. There is hereby created a joint exercise of powers
authority to be known as the Pacific Housing & Fmance Agency. The Agency shall be a public
entity separate from the Members. The debts, liabilities, and obligations of the Agency shall not
constitute debts,liabilities, or obligations of any Member.
ARTICLE 5
POWERS OF THE AGENCY; RESTRICTION UPON EXERCISE
Section 5.01. Powers of the Agency. The Agency shall have all powers common to the
Members and is hereby authorized to do all acts necessary for the exercise of said common
powers,including, but not limited to, the following:
(a) the power to make and enter into contracts;
(b) the power to accept the assignment of contracts which relate to the
purposes of the Agency and which were entered into by the Members prior to formation
of the Agency;
(c) the power to incur debts, liabilities, or other obligations which are not
debts,liabilities or obligations of the Members, or any of them;
(d) the power to employ agents and employees;
(e) the power to acquire, construct, manage, maintain, and operate any
building, works or improvements;
(f) the power to acquire, hold, lease (as lessor or lessee), or dispose of
property,including property subject to home mortgages;
(g) the power to sue and be sued in its own name;
(h) the power to incur debts, liabilities or other obligations to finance the
Program and any other powers available to the Agency under Article 2 or Article 4 of the
Act; and
(i) all powers necessary and proper to carry out the terms and provisions of
this Agreement, or otherwise authorized by law.
Section 5.02. Membership Agreements. The Agency shall have the power to enter into
membership agreements with any public agency upon the approval of the Board.
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Section 5.03. Other Powers. Each Member agrees that:
(a) all of its powers to acquire, construct, rehabilitate, finance, lease, or
dispose of property may be exercised by the Agency;
(b) the Agency may originate or acquire home mortgages with respect to
properties within its geographical boundaries to further the Agency's Program; and
(c) its grant of power to the Agency is to further the purposes of the Agency
and this Agreement and shall riot be deemed to limit its power to act independently of the
Agency-
Section 5.04. Restrictions. The powers of the Agency shall be exercised subject only to
the restrictions upon the manner of exercising such powers as are imposed upon the City of
Carson, California,as provided in Section 6509 of the Act
Section 5.05. Investments. Subject to the applicable provisions of any indenture or
resolution providing for the investment of moneys held thereunder, the Agency shall have the
power to invest any money in the treasury that is not required for the immediate necessities of the
Agency, as the Agency determines is advisable, in the same manner as local agencies pursuant to
California Government Code Sections 53601 et sea.
ARTICLE 6
COOPERATION
Section 6.01. Additional Proceedings and Actions. Each Member agrees to undertake
such additional proceedings or actions as may be necessary in order to carry out the terms and the
intent of this Agreement
Section 6.02. Actions Affecting Ratings. Each Member further agrees to refrain from
taking any actions which would, to its knowledge, tend to adversely affect the rating on any
Bonds sold or to be sold to further the Program of the Agency. The exercise by any Member of
its independent power to issue bonds or other indebtedness shall not be within the restrictions of
the preceding sentence.
ARTICLE 7
TERMINATION OF POWERS; DISTRIBUTION OF ASSETS
Section 7.01. Termination. The Agency shall continue to exercise the powers herein
conferred upon it until the earlier of September 1, 2047 or such time as all Members shall have
mutually agreed to terminate this Agreement However, if any Bonds shall have been issued and
are outstanding, then neither this Agreement nor the powers granted hereunder shall terminate,
and Members benefiting from such Bonds, directly or indirectly, shall not withdraw from the
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Agency, until all such Bonds and the interest thereon shall have been paid or provision for such
payment shall have been made.
Section 7.02. Distribution of Assets.
(a) In the event that Bonds are not issued, upon termination of this Agreement, all
assets of the Agency shall be distributed to the respective grantors or assignors in proportion to
their respective contributions.
(b) In the event that Bonds are issued and following payment of all principal and
interest on the Bonds, or following the provision therefor, upon termination of this Agreement,
one half of all assets of the Agency shall be divided equally among the Voting Members, and the
other half of the Agency's assets shall be divided pro rata among all Members, based on
participation in the Program.
Section 7.03. Continued Existence of Agency. Upon termination, this Agreement and
the Agency shall continue to exist for the limited purpose of distributing the assets of the Agency
and all other functions necessary to close out the affairs of the Agency.
ARTICLE S
GOVERNING BOARD
Section 8.01. Board of Directors. The Agency shall be governed by a Board of
Directors consisting of one city council member or city staff member (each, a "Director," and
collectively, the"Board") from each of the Voting Members. Each of the initial Directors shall be
approved by their respective city councils forthwith upon approval of this Agreement, and each
shall serve at the pleasure of his or her respective city council.
Section 8.02. Alternates The city council of each Voting Member shall appoint one
alternate to the Board of Directors, who shall be a member of the city council or of the staff of
such city. When the Director from any Voting Member is not present at a Board meeting, the
alternate director appointed by such 'Voting Member may serve in his place with the same
authority as a Director.
Section 8.03. Compensation and Expenses. Directors may receive compensation for their
services pursuant to an authorizing resolution of the Board providing therefor. Each member may
be reimbursed for actual expenses, including travel incident to service as a Director, pursuant to
an authorizing resolution of the Board.
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ARTICLE 9
MEETINGS OF THE BOARD
Section 9.01. Regular Meetings. The Board shall hold at least one regular meeting each
fiscal year and, by resolution, may provide for the holding of regular meetings at more frequent
intervals. The regular meetings of the Board shall be held in the offices of one of the Voting
Members or at such other piace and upon a date and hour as may be fixed from time to time by
resolution of the Board.
Section 9.02. Special Meetings. Special meetings of the Board may be called in
accordance with the provisions of California Government Code Sections 54950 et sea. All
meetings of the Board shall be called, noticed, held and conducted subject to the provisions of the
Ralph M. Brown Act,being Sections 54950 et sea, of the California Government Code.
Section 9.03. Minutes. The Secretary of the Agency shall cause minutes of all meetings
of the Board of Directors to be kept and shall, as soon as practicable after each meeting, cause a
copy of the minutes to be distributed to each member of the Board and to each Member.
Section 9.04. Ouorum. The attendance of a majority of the Board shall constitute a
quorum for the transaction of business. A majority vote of those in attendance shall be necessary
to take Board action, except that less than a quorum may adjourn a meeting from time to time.
Section 9.05. Voting. Each member of the Board shall have one vote.
ARTICLE 10
OFFICERS; DUTIES
Section 10.01. Chairperson. Vice- hairperson and Secretary. The Board shall elect a
Chairperson, a Vice Chairperson, and a Secretary of the Agency from among its members, who
shall each serve a term of two years.
(a) The Chairperson shall preside at all meetings, sign documents as may be
necessary for the proper functioning of the Agency, and perform such other duties as may
be imposed by the Board of Directors.
(b) The Vice Chairperson shall take the place of the Chairperson in the absence
of the Chairperson and perform such other duties as may be imposed by the Board of
Directors.
(c) The Secretary shall cause minutes to be kept of all meetings and to be
distributed to the Members and each of the members of the Board of Directors and
perform such other duties as may be imposed by the Board of Directors.
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Section 10.02. Treasurer-Controller. The Treasurer-Controller of the Agency shall be
the Treasurer of the City of Carson, California, or such other person or entity designated by the
Board.
(a) Subject to the applicable provisions of any Bond indenture or resolution
providing for a trustee or other fiscal agent, the Treasurer-Controller shall have custody of
all the money of the Agency, from whatever source, and, as such, shall have the powers,
duties and responsibilities speciiaed in Section 6505.5 of the California Government Code.
(b) The Treasurer-Controller of the Agency is designated as the public officer
or person who has charge of, handles, or has access to any property of the Agency, and as
such, shall file a fidelity bond with the Secretary of the Agency in an amount to be fixed by
the Board. The cost of such bond shall be a proper charge against the Agency. To the
extent permitted by an existing fidelity bond, the Treasurer-Controller may satisfy this
requirement by filing a fidelity bond obtained in connection with another public office, if
the amount of that bond equals or exceeds the bond amount established by the Board of
Directors.
ARTICLE 11
FISCAL YEAR
The fiscal year of the Agency ;shall be the period from July 1 of each year through and
including the following June 30; provided, however, that if the date of this Agreement is other
than any July 1, the first fiscal year shall be the period from the date of this Agreement through
and including the following June 30.
ARTICLE 12
A;iDMMqTSTRATION
Section 12.01. Administrative Entity. In accord with Section 6506 of the California
Government Code, the initial administrative entity of the Agency shall be the Housing & Finance
Agency Corporation, a California nonprofit corporation.
Section 12.02. Duties of Adrninistrative Entity: Delegation. The administrative entity
shall be responsible for implementation of the Program of the Agency. In carrying out its
responsibilities for administration of the Program, the administrative entity may contract with
others, deemed by it to be qualified, to perform some or all of the administrative functions
required for implementation of the program.
Section 12.03. E� lacement of Administrative Entity. The Board may change the
administrative entity at its discretion.
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Section 12.04. Appointment A Underwriter. J. K. Chilton &Associates, Inc. is hereby
appointed as underwriter of the Bonds issued by the Agency.
ARTICLE 13
BONDS
Section 13.01. Issuance of Bins. The Agency shall have the power to issue Bonds or
other forms of indebtedness authorized by law, at any time, for the purpose of raising funds
necessary to carry out its powers and purpose under this Agreement.
ARTICLE 14
AGREEMENT NOT EXCLUSIVE
Section 14.01. Agreement Not Exclusive. This Agreement is not the exclusive means
by which the Members may perform duties relating to housing imposed by law. Each of the
Members reserves the right to carry, out other housing financing programs, to issue other
obligations, and to form other joint powers authorities to perform such duties.
Section 14.02. Affect On Other Agreements. This Agreement does not alter or modify
the terms of other agreements which may exist between the Members except as expressly
provided herein.
ARTICLE 15
CONTRIBUTIONS,ADVANCES, PRIOR EXPENSES
Section 15.01. Contributions and Advances. Contributions or advances of public funds
and of personnel, services,equipment or property may be made to the Agency by any Member for
any of the purposes of this Agreement. Funds collected from participating developers, lenders, or
others may be used to defray the cost of any such contribution. An advance may be made subject
to repayment and in such case shall be repaid if subsequently approved by the Agency. If the
repayment is approved by the Agency, the manner of repayment shall be as agreed upon by the
contributing Member and the Agency at the time of the advance. Notwithstanding any other
contrary provision of this Agreement, no Member shall be obligated to make contributions to the
Agency, except as may be required pursuant to Section 16.02 or Section 18.02 hereof.
Section 15.02. Expenses. Expenses incurred prior to a Bond sale, such as the costs of a
Bond rating, printing an official statement and a preliminary official statement, a market study, a
feasibility study, attorneys' fees, or other prior expense, shall be charged as costs of issuance of
the bonds,payable from the proceeds of the sale of such Bonds.
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ARTICLE 16
ACCOUNTING AND REPORTING
Section 16.01. Accounting; Inspection by Members. The Agency shall establish and
maintain such funds and accounts as may be required by generally accepted accounting practice
and by any provision of any resolution or indenture securing the Bonds of the Agency. The books
and records of the Agency shall be open to inspection by the Members at a reasonable times.
Section 16.02. Annual Auk The Agency shall be responsible for the strict
accountability of all funds and the reporting of all receipts and disbursements. Pursuant to
Section 6506 of the Act, the Agency shall cause an independent audit by a certified public
accountant to be made of its books and accounts each year. The minimum requirements of the
audit shall be those prescribed by the State Controller for special districts under Section 26909 of
the California Government Code or its successor statute and shall conform to generally accepted
auditing standards. The audit shall be provided to the Members within five months after the close
of each fiscal year. Any cost of the audit, including contracts with certified public accountants,
shall be borne by the Agency and shall be a charge against any unencumbered funds of the Agency
available for such purpose. To the extent that the Agency does not have adequate funds to pay
the cost of the audit, the Members shall bear the cost of any such deficiency equally.
Section 16.03. InQection by Bondholders. All the books, records, accounts and files
referred to in this Section shall be open to the inspection of holders of the Bonds to the extent and
in the manner provided in any resolution or indenture providing for the issuance of Bonds.
ARTICLE 17
DEFAULT AND REMEDIES
Section 17.01. Default If any Member shall default on any covenant contained in this
Agreement, such default shall not excuse the defaulting Member from fulfilling its obligations
under this Agreement and all Members shall continue to be liable for the performance of all
conditions and covenants of the Agreement.
Section 17.02. Enforcement of Agreement The Members declare that this Agreement is
entered into for the benefit of the Pacific Housing &Finance Agency and grant to the Agency the
right to enforce,by whatever lawful means the Agency deems appropriate, all of the obligations of
each of the Members.
Section 17.03. Remedies CU alative. Each and all of the remedies given to the Agency
by this Agreement or by any law now or hereafter enacted are cumulative, and the exercise of one
right or remedy shall not impair the right of the Agency to exercise any or all other remedies.
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ARTICLE 18
DEBTS AND LIABUM-1I4S,INSURANCE AND INDEMNIFICATION
Section 18.01. Debts and Lialbilities. No Member shall be liable for any indebtedness of
the Agency except that which is consented to by its City Council. All persons dealing with or
having a claim against the Agency are hereby notified that no Member is liable for the debts of the
Agency.
Section 18.02. Insuranc . The Board shall maintain appropriate insurance to protect the
Members from such liabilities and obligations. The cost of such insurance shall be paid by the
Agency to the extent sufficient funds are available therefor. To the extent that the Agency does
not have sufficient funds available to maintain such insurance, the cost thereof shall be borne
equally by the Members.
Section 18.03. Indemnificatioxl. Each of the Members shall defend, indemnify and hold
each of the other Members and the Agency harmless from any and all claims, losses, suits,
injuries, deaths, damages, costs and expenses (each, a "Claim"), including reasonable attorney
fees, arising from or as a result of (in whole or in part), any acts, errors or omissions of the
indemnifying Member or its officers, agents, servants, employees or contractors during the course
of carrying out this Agreement, to the extent of such indemnifying Member's negligence or willful
misconduct. The Agency shall defend, indemnify and hold hamiless each of the Members from
any and all Claims,including reasonable attorney fees,arising from or as a result of(in whole or in
part), any acts, errors or omissions of the Agency or its officers, agents, servants, employees or
contractors, to the extent of the Agency's negligence or willful misconduct. The indemnities
granted r under this Section shall extend to the officers, agents, servants, employees and
contractors of each indemnified party.
ARTICLE 19
MISCELLANEOUS PROVISIONS
Section 19.01. Severability. If any part, term, or provision of this Agreement is
determined by a court of law to be illegal or in conflict with any law of the State of California or
otherwise unenforceable, the validity of the remaining parts, terms or provisions shall not be
affected.
Section 19.02. Binding Effect. This Agreement shall be binding upon and shall inure to
the benefit of the successors of the parties.
Section 19.03. Assignment and EWegation. Except to the extent expressly provided in
this Agreement, a Member may not assign any right or delegate any obligation hereunder without
the consent of the Board.
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Section 19.04. Amendment and Modification of the Ag=ment This Agreement may
be amended by a supplemental agreement executed by all Members at any time (1) prior to the
issuance of Bonds, or (2) after the issuance of Bonds but subject to the conditions and restrictions
set forth in the resolution or resolutions authorizing the issuance of Bonds and in any indenture.
New Members may be added as patties to this Agreement by the appropriate execution of a
signature page, and no formal amendment or modification of this Agreement shall be required to
accomplish such purpose.
Section 19.05. Appmvals. Whenever an approval is required by this Agreement, unless
the context specifies otherwise, it shall be given by resolution duly and regularly adopted by the
City whose consent is required. Whenever an approval is required by the Agency, it shall be by
resolution duly and regularly adopted by the Board unless such approval can be given by the
administrative entity.
Section 19.06. Governing law. This Agreement shall be governed by, and construed
under and in accordance with,the laws of the State of California.
Section 19.07. Counterparts. This' Agreement may be executed in one or more
counterparts, and such counterparts, taken together, shall constitute but one and the same
Agreement
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IN WITNESS WHEREOF, the Members identified in Section 3,02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their respective
authorized officers.
Dated:
CITY OF PALM SPRINGS
City AClerk ayor
Approved as to form:
City Attorney
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IN WITNESS WH—;7RE0JF,the M=nbM identified in Section 3.02 and 3.0-1 have
caused this Agreement to be e=izt:i as of the date set forth below by the signatures of
their respective authorized officers.
Dated, a&obi Cl , l 4 4
Town of Apple V411ey, CA
Town of Apple VallayCity Clerk Torn of, Apple Valley ,M or
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IN WITNESS WHEREOF, the Members identified in Scction 3-02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their
respective authorized officers.
Dated: �?9
CITY OF AVENAL
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Clerk Mayor
7tii
ttorney
14
II
IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their
respective authorized officers.
Dated:
CITY OF CALIPATRIA
Mara e a 4ieldityC
g n Woelke, Mayor
Approved as to form:
A
William Smerdon, City Attorney
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IN WITNESS WHEREOF, the Members identified in Section 3.02 and 3.03 have
caused this Agreement to be executed as of the date set forth below by the signatures of
their respective authorized officers.
Dated:
CITY OF CITRUS HEIGHTS
Laura S. Seo City Clerk Roberta MacGlashan Mayor
Approved as to form:
1
Ruth nn Ziegler , Ci A mey
13
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IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their respective
authorized officers.
Dated: //�
CITYOF COaCh//elL
A/h(� G-, X-
epu City Clerk Mayor
Approved as to form:
City Attorney
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1N WITNESS WHEREOF, the Members identified in Section 3.02 have caused th s
Agreement to be executed as of the date set forth below by the signatures of their respective
authorized officers.
Dated:
Crry OF C C^ c:, C l-, -t 'I C,
City Clerk _ Mayor
Approved as to form:
norney
TOTAL P.02
IN WITNESS WHEREOF, the Members identified in Section 3.02 and 3.03 have
caused this Agreement to be executed as of the date set forth below by the signatures of
their respective authorized officers.
Dated: September 28, 1999
CITY OF CORCORAN \
Angela Su(ith, City-Clerk' Don auley, 4Managei�.,
Approved as to form:
Michael Nordstrom, City Attorney
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IN WITNESS WHEREOF, the Members identified in Section 3.02 and 3.03 have
caused this Agreement to be executed as of the date set forth below by the signatures of
their respective authorized officers.
Dated: /G i / "/ I ciq'
CITY OF ]- {Cc(lU
Patricia S. Nachor, City Clerk N leon R. Madric� Mayor
qved ,, orm:
an J. Peake City Attorney
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IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their respective
authorized officers.
Dated: February 9, 1999
CITY OF FRESNO
City Clerk 4ay�
Rebecca E. Klisch n
Approved as to form:
Id
(G.ity Attorney
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IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their respective
authorized officers.
Dated: 10-12-99
CITY OF GALT i
ATTEST:
City Clerk MMa/y/oCr
Approved as to form:
City Attorney
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IN WITNESS WHEREOF, the Members identified in Section 3.02 and 3 03 have
caused this Agreement to be executed as of the date set forth below by the signattues of
their respactiva authorized officers.
Dated: soptember 2. 1999
CITY OF t�saattra
Marsha Whalen , City Clerk Daunle J. Nowleki Mayor
Approved as to form:
City Attorney
13
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IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their respective
authorized officers.
Dated:
CITY OF INDIO
City Clerk Mayor c
Approved as to form:
�� C G-�- -
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City Attorney
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IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their respective
authorized officers.
Dated:
I
CITY OF
-.G7Tcf� ?ctitv�, % _ `<i;.t>' l-"rQ �• .N� S .k" ri
City Clerk Mayor
Approved as to form:
1
City Attorney
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IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused
this Agreement to be executed as of the date set forth below by the signatures of their
respective authorized officers.
Dated:
CITY OF ICING (as Associate Member)
City Clerk Mayo
Approved as to form:
�ity Attorney ��
Tuesday,December 07,1599 4 38 PM To:K*on From.Bob Schauer, 0 5524275439 Pepe 4 of
Sent By: CITY OF LODI; 209 333 6842; Oct-15-99 10:43AM; Page 313
PPOM t SK CHILTON PHD�E NO. : 31=4037 Jun. 32 1 10:31Fri P2
IN WITESS WM-REOF,the Members identi6bd in 5eation 3.02 and 3.03 ha ve
oauaed this Agreernumt to be executed as Of the date set forth WOW by the Sigrsstt=o
their respective authorized ofitoers.
Daaed:
CITY OF LODI
lie .iG: gL ^ tC 4ty Clerk Keith Laud, Mayor
i.
Approved as to form:
Randal'��ec. City ttorney
13
IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their
respective authorized officers. '
Dated: July 14, 1999
CITY OF MADERA
pF�A4g0''%, '
• ........�
�.� Pp pR •�q
�'u'� _' •'�� � Do's =_
Evonne Stephenson, Q' Clerk: Jo W. Wells, Mayor
•:I%rch 27, 1907 '
c •• ......••••
FOR�A\P 7P
Approved as to form:�?ph
. oldani, yttorney
Resolution No. 99-04 •
Page 2
Section 3. That a certified copy of this resolution shall be filed in the offices of the City
Manager, of the City of Marina and City Clerk.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina, duly
held on the 2nd. Day of February, 1999 by the following vote:
AYES: COUNCIL MEMBERS D. CLEARY, I. METTEE—McCUTCHON, K. NISHI, H. GUSTAFSON,
AND J. PERRINE.
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
LAMES E. PERRINE, MAYOR
Attest:
7OY SAY, CIT. L RK
• 0
IN WITNESS WHEREOF,the Members identified in Section 3.02 and 3.O have
caused this Agreement to be executed as of the date set forth below by the signatures of
their respective authorized officers.
Dated:
CITY OF NIERCED
Carol Brigaman, Deput ,City Clerk Jame G. Marshall,"City Manager
Approved as to form:
Steven`�oxd City Attorney
Bradley_ Grant,. Finan e Officer
Z C r li AL"k [Cdru
13
IN WITNESS WHEREOF, the Members identified in Section 3.03 and 3.03 have caused
this Agreement to be executed as of the; date set forth below by the signatures of their respective
authorized officers.
Dated:
CITY OF OXNARD
By:
Dr. Manuel M. Lopez, Mayor
Dated:
ATTEST:
By: l { , �� L 4f vi •�%
Daniel Martinez, City'Clerk
F
APPROVED AS TO FORM:
Gary L. Gillig City Attomey�j
APPROVED AS TO CONTENT:
By: ( � _
Salvador �Gon lez, Housing Director
J
• 0
IN WITNESS WHEREOF. the Members identified in Section 1.02 and 3.03 have
caused this Agreement to be executed as of the date set forth below by the signatures of
their respective authorized officers-
Dated-
CITY OF PALMDALE
City Clerk Mayor
Approved as to form.-
City A to ' �y
ucc 14 as ue: cbp vincena o. nenuei aca-'row-nuyb a. a
IN WITNESS WHEREOF,the Members identified in Section 3.02 and 3.03 have
caused this Agreement to be executed as of the date set forth below by the sienanares of
their respective authorized officers.
Dazed: September 20 , 1999
CITY OF PITTSBURG
-iceillian J. Pride,City Jerk Federal D. Glover, Mayor
Approvcd as to form:
i chael R. Woods, City Attorney ✓
i3
• 0
IN WITNESS WHEREOF, the Members identified in Section 3.02
have caused this Agreement to be executed as of the date set forth below by
the signatures of their respective authorized officers.
Dated March 2, 1999.
CI OF RIALTO
R er, Mayor
i
Approved as to form:
Robert A. Owen, City Attomey
Attest:
Barbara McGee, City Clerk
I
i
13
0
IN WITNESS WHEREOF, the Members identified in Section 3.02 and 3.03 have
caused this Agreement to be executed as of the date set forth below by the signatures of
their respective authorized officers.
Dated: August 18, 19g9
CITY OF ROSE=
Carol Parkinson City Clerk b Mayor
an E. Jo on, City Manager
Approved jo-far
Mark mane City Attorney
I
I
13
Attachment To: Resolution Now-54 0
Page lLj of 1 t1 Pages
IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the; date set forth below by the signatures of their respective
authorized officers.
Dated: May 7, 1998
CITY OF SEASIDE
DON R. JORDAN, Mayor L A DOWNING, City Clerk
�I
0
IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their respective
authorized officers.
Dated: Tuns 71 � 1999
CITY OF
-r1sn
� City Clerk
Mayor
Approved as to form:
I'1 /
City Attorney
- 14-
0 0
IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their respective
authorized officers.
Dated:
CITY Or S,JLEDAD
City Clerk Mayor
Approved as to form:
Z
City Attorney /
l
-14-
(1) prior to the issuance of Bonds, or, (2) after the issuance of Bonds but subject to the
conditions and restriction set forth in the resolution or resolutions authorizing the
issuance of Bonds and in any indenture. New Members may be added as parties to this
Agreement by the appropriate execution of a signature page, and no formal amendment
or modification of this Agreement shall be required to accomplish such purpose.
Section 19.05. Approvals. Whenever an approval is required by this Agreement,
unless the context specifies otherwise, it shall be given by resolution duly and regularly
adopted by the City whose consent is required. Whenever an approval is required by
the Agency, it shall be by resolution duly and regularly adopted by the Board unless
such approval can be given by the administrative entity.
Section 19.06. Governing Law. This Agreement shall be governed by, and
construed under and in accordance with, the laws of the State of California.
Section 19.07. Counterparts. This Agreement may be executed in one or more
counterparts, and such counterparts, taken together, shall constitute but one and the
same Agreement.
IN WITNESS WHEREOF, the Members identified in Section 3.02 and 3.03 have
caused this Agreement to be executed as of the date set forth below by the signatures
of their respective authorized officers.
Dated:
CITY OF STOCKTON
KAT%0 ONG.MEI_SNER, CITYCLERK GAR! DE MAYO
Approved as to form:
RICHARD K. DENHALTER
CITY ATTORNEY n -
BY
BARBARA ANDERSON,
ASSISTANT CITY ATTORNEY
13
IN WITNESS WHEREOF,the City of Susanville, a voting member, as identified in Section
3.02 of this Agreement, has caused this Agreement to be executed as of the date set forth below by
the siganture of their respective authorized officers, which date is also the effective date of the City
of Susanville's membership in the Agency.
Dated: June 16, 1999.
CITY OF SUSANVILLE
r.
VERN TEMPLETON, Mayor
Pursuant to City Council Resolution
Adopted 6/16/99
Attest:
DEBRA MAGGINETTI, City Clerk
Approved as to form:
KATHLEEN R_ LAZARD'
City Attorney
• 0
IN WITNESS WHEREOF, the Members identified in Section 3.02 and 3.03 have
caused this Agreement to be executed as of the date set forth below by the signatures of
their respective authorized officers.
Dated: �I"Iq 1
CITY OF VALLEJO
is
City Clerk Ma3/or
Approved as to form:
City Attorney
13
r 0
IN WITNESS WHEREOF, the Members identified in Section 3.02 and 3.03 have
caused this Agreement to be executed as of the date set forth below by the signatures of
their respective authorized officers.
Dated:
CITY OF
City Clerk Mayor
Approved as to form:
City Attomey
13
IN WITNESS WHEREOF,the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their
respective authorized officers.
Dated: June 15, 1999
CITY OF WASCO
r�
Rachel Rodriguez, PutYCitfy Oerk PAUL NEUFELD Mayor
Approve as t
Alan e -e City A mey
IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their respective
authorized officers.
Dated: June 2, 1999
CITY OF WEST SACRAMENTO
ACHRIST t✓layor
HELEN M. KANOSK ', City Clerk
Approved as to form:
ROBERT MURPHY, C" ' A ey