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HomeMy WebLinkAboutRES NO 118-15RESOLUTION NO. 1 18-15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD CONSENTING TO INCLUSION OF PROPERTIES WITHIN CITY'S JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2014.1 (CLEAN ENERGY) TO FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY AND WATER CONSERVATION IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO. WHEREAS, the California Home Finance Authority, a California joint powers authority, (the "Authority") has established the Community Facilities District No. 2014-1 (Clean Energy) in accordance with the Mello -Roos Community Facilities Act, set forth in sections 53311 through 53368.3 of the California Government Code (the "Act") and particularly in accordance with sections 53313.5(1) and 53328.1(a) (the "District"); and WHEREAS, the purpose of the District is to finance or refinance (including the payment of interest) the acquisition, installation, and improvement of energy efficiency, water conservation, renewable energy and electric vehicle charging infrastructure improvements permanently affixed to private or publicly -owned real property (the "Authorized Improvements"); and WHEREAS, the Authority is in the process of amending the Authority Joint Powers Agreement (the "Authority JPA") to formally change its name to the Golden State Finance Authority; and WHEREAS, the City of Bakersfield ("City") is committed to development of renewable energy generation and energy efficiency improvements, reduction of greenhouse gases, and protection of the environment; and WHEREAS, in the Act, the Legislature has authorized a parcel within the territory of the District to annex to the District and be subject to the special tax levy of the District only (i) if the city or county within which the parcel is located has consented, by the adoption of a resolution by the applicable city council or county board of supervisors, to the inclusion of parcels within its boundaries in the District and (ii) with the unanimous written approval of the owner or owners of the parcel when it is annexed (the "Unanimous Approval Agreement"), which, as provided in section 53329.6 of the Act, shall constitute the election required by the California Constitution; and 6NKF9 N - Page 1 of 4 Pages - ;, m i� ��PIGIfNAI_ WHEREAS, City wishes to provide innovative solutions to its property owners to achieve energy efficiency and water conservation and in doing so cooperate with Authority in order to efficiently and economically assist property owners within City in financing such Authorized Improvements; and WHEREAS, the Authority has established the District, as permitted by the Act, and the Authority JPA, a copy of which is attached as Exhibit "A" hereto, originally made and entered into July 1, 1993, as amended to date, and City, desires to become an Associate Member of the JPA to participate in the programs of the JPA and, to assist property owners within the incorporated area of the City in financing the cost of installing Authorized Improvements; and WHEREAS, the City will not be responsible for the conduct of any special tax proceedings; the levy and collection of special taxes or any required remedial action in the case of delinquencies in the payment of any special taxes in connection with the District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: The above recitals are true and correct. 2. This City Council finds and declares that properties in the City's incorporated area will be benefited by the availability of the Authority CFD No. 2014-1 (Clean Energy) to finance the installation of the Authorized Improvements. 3. This City Council consents to inclusion in the Authority CFD No. 2014-1 (Clean Energy) of all of the properties in the incorporated area within the City and to the Authorized Improvements, upon the request of and execution of the Unanimous Approval Agreement by the owners of such properties when such properties are annexed, in compliance with the laws, rules and regulations applicable to such program; and to the assumption of jurisdiction thereover by Authority for the purposes thereof. 4. The consent of this City Council constitutes assent to the assumption of jurisdiction by Authority for all purposes of the Authority CFD No. 2014-1 (Clean Energy) and authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Authorized Improvements. 5. The City Council hereby finds that adoption of this Resolution is not a .project" under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b) (4)). s.�coorvanx.nnisi� a n_c.r -- Page 2 of 4 Pages — m i� 6. This City Council hereby approves joining the JPA as an Associate Member and authorizes the execution by appropriate City officials of any necessary documents to effectuate such membership. 7. City staff is authorized and directed to coordinate with Authority staff to facilitate operation of the Authority CFD No. 2014-1 (Clean Energy) within the City. 8. The City Clerk is directed to send a certified copy of this resolution to the Secretary of the Authority. ---000------ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on SEP 16 1015 by the following vote: ✓ ✓ ✓ NS ✓ Y' E COUNCIL MEMBER RIVERA, MA%WELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER NOES: COUNCILMEMBER h*N- ABSTAIN: COUNCIL MEMBER ND" - ABSENT: COUNCIL MEMBER NJaf1Ll ROBERTA GAFFORD,(, TF CITY CLERK and Ex QQ�� icio Clerk of the Council of the City of Bakersfield APPROVED SEP 161015 L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney P By I ANDREW HEGEUND Deputy City Attorney AH:d11 Attachment SACDUNanM�\is.is\� Ci CKF wwaD. P. En— OP.t.E`q n -- Page 3 of 4 Pages-; n s.swuwanwn.��siavw,am�.e..� ws xw wo.r.ceme Exhibit A JPA Agreement [to be inserted] -- Page 4 of 4 Pages — CALIFORNIA HOME FINANCE AUTHORITY AMENDED AND RESTATEDJOINT EXERCISE OF POWERS AGREEIAENT (Original date July 1, 1993 and as last amended and restated December 10, 2014) THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT ('Agreement') is entered into by and among the counties listed on Attachment 1 hereof and incorporated herein by reference. All such counties are referred to herein as 'Members' with the respective powers, privileges and restrictions provided herein. A. WHEREAS, die California Rural Home Mortgage Finance Authority ("CRHMFA") was created by a Joint Exercise of Powers Agreement dated July 1, 1993 pursuant to the Joint Exercise of Powers Act (commencing with Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the 'Act"). By Resolution 2003-02, adopted on January 15, 2003, the name of the authority was changed to CRHMFA Homebuyers Fund. The most recent amendment to (he Joint Exercise of Powers Agreement was m January 28, 2004. B. WHEREAS, the Members of CRHMFA Homebuyers Fund desire to update, reaffirm, clarify and revise certain provisions of the joint powers agreement, including die renaming of the joint powers authority, as set forth herein. C. WHEREAS, the Members are each empowered by law to finance the construction, acquisition, improvement and rehabilitation of real property. D. WHEREAS, by this Agreement, the Members desire to create and establish a joint powers authority to exercise then respective powers for the purpose of financing die construction, acquisition, improvement and rehabilitation of real property within the jurisdiction of the .Authority as authorized by the Act. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Members individually and collectively agree as follows: 1. Definitions Unless the context otherwise requires, the following terms shall for purposes of this Agreement have the meanings specified below: "Ace means the Joint Exercise of Powers Act, commencing with Article I of Chapter 5 of Division 7 of Title I of the Government Code of the State of California, including the Marks -Roos Local Bond Pooling Act of 1985, as amended, 'Agreement' means this Joint Exercise of Powers Agreement, as tht same now exists or as it 82671.0000000eas7.2 `'::RlCF9. J OS may from time to time be amended as provided herein. 'Anodwe Member' means a county, city or other public agency which is not a voting member of the Rural County Representatives of California, a California nonprofit corporation ("RCRC"), with legal power and authority similar to dial of the Members, admitted pursuant to paragraph 4.d. below to associate membership herein by vote of the Board. 'Audit Commute' means a committee made up of the nine -member Executive Committee. Andu*W means California Home Finance Authority ("CHF"), formerly (mown as CRHNIFA Homebuyers Fund or California Rural Home Mortgage Finance Authority. 'Board' means the governing board of the Authority as described in Section 7 below. Moo& means bonds, notes, warrants, leases, certificates of participation, installment purchase agreements, loan agreements and other securities or obligations issued by die Audiority, or financing agreements entered into by the Authority pursuant to the Act and any other obligation within the meaning of the term Tonds' under the Act 'DeleW means the Supervisor designated by the governing board of each Member to serve on the Board of the Authority. 'Executim Commute means the nine-manber Executive Committee of Ole Board established pursuant to Section 10 hereof. 'Membef means any county which is a member of RCRC, has executed this Agreement and has become a member of die Authority. 'Obligatiams' means bonds, notes, warrants, leases, certificates of participation, installment purchase agreements, loan agreements and other securities or obligations issued by the Authority, or financing agreements entered into by the Authority pursuant to the Act and any other financial or legal obligation of the Authority under the Act. 'Ptugam' or 'Frojece means any work, improvement, program, project or service undeitakeu by the Authority. 'Rrual County Representatives of Cahkenie or "RCRC means the nonprofit entity incorporated under that name in die State of California. 'Supervisor' means an elected County Supervisor from an RCRC member county. £. Purpose The purpose of the Authority is to provide financing for the acquisition, construction, , 82611.00"9=77.2 _q_ m �n `�4-;;(:•:Fir, V. improvement and rehabilitation of real property in accordance with applicable provisions of law for the benefit of residents and communities. In pursuit of Us purpose, this Agreement provides for the joint exercise of powers common to any of its Members and Associate Members as provided herein, or otherwise authorized by the Act and other applicable laws, including assisting in financutg as auth�--_ ':terein, jointly exercised in the manner set ford[ herein. 3. Principal Place of Business The principal office of the Authority shall be 141-' K Strcc4 Suite 1650, Sacramento, California 95814. 4, mon of Authority; Addition of Members ce Associate Members a. The Authority is hereby created pursuant to the Act. As provided in the Act, the Authority shall be a public entity separate and distinct from the Members or Associate Members. b. The Authority will cause a notice of this Agreement or any amendment hereto to be prepared and filed with the office of the Secretary of State of California in a timely fashion in are manner set forth in Section 6503.3 orate Act. C. AA county that is a member of RCRC may petition to become a member of the Authority by submitting to the Board a resolution or evidence of other formal action taken by its governing body adopting this Agreement The Board shall review the petition for membership and shall vote to approve or disapprove the petition. If the petition is approved by a majority of the Board, such county shall immediately become a Member of the Authority. d. An Associate Member tray be added to the Authority upon the affirmative approval of its respective governing board and pursuant to action by the Authority Board upon such terns and conditions, and with such rights, privileges and responsibilities, as may be established from time to time by the Board. Such terms and conditions, and rights, privileges and respomsrhilities may vary among the Associate Members. Associate Members shall be entitled to participate in one or more programs of the Authority as determined by the Board, but shall not be voting members of die Board. The Executive Director of the Authority shall enforce the terms and conditions for prospective Associate Members to the Authority as provided by resolution of the Board and as amended from time to time by the Board. Changes in the terms and conditions for Associate Membership by the Board will not constitute an amendment of this Agreement. 5. Term and Termination of Powers This Agreement shall become effective from die date hereof until the earlier of the time when all Bonds and any interest thereon shall have been paid in full, or provision for such payment shall have been made, or when the Authority shall no longer mm or hold any interest in a public capital improvement or program. The Authority shall continue to exercise die powers herein conferred upon it until termination of tris Agreement, except that if any Bonds are issued and delivered, in no event shall the exercise of the powers herein granted be terminated until all 8ss7r.00aooivosW7.2 3- nfd(t `n Bonds so issued and delivered and die interest thereon shall have been paid or provision for such payment shall have been made and any other debt incurred with respect to any other financing program established or administered by the Authority has been repaid in full and is no longer outstanding. Poweta: Restriction upon E:aeiee a. To effectuate its purpose, die Authority shall have the power to exercise any azul all powers of the Members or of a joint powers authority under the Act and other applicable provisions of law, subject, however, to die conditions and restrictions herein contained. Each Member or Associate Member may also separately exercise any and all such powers. The powers of the Authority are limited to those of a general law county. b. The Authority may adopt, from time to time, such resolutions, guidelines, rules and regulations for the conduct of its meetings and the activities of the Authority as it deems necessary or desirable to accomplish its purpose. C. The Authority shall have the power to finance the construction, acquisition, improvement and rehabilitation of real property, including the power to purchase, with the amounts received or to be received by it pursuant to a bond purchase agreement, bonds issued by any of its Members or Associate Members and other local agencies at public or negotiated sale, for the purpose set forth herein and in accordance with die Act. All or any part of such bonds so purchased may be held by the Authority or resold to public or private purchasers at public or negotiated sale. The Autionty shall set any other terns and conditions of any purchase or sale contemplated herein as it deems necessary or convenient and in furtherance of the Act. The Authority may issue or cause to be issued Bonds or other indebtedness, and pledge any of its property or revenues as security to the extent permitted by resolution of the Board under any applicable provision of law. The Authority may issue Bonds in accordance with the Act in order to raise finds necessary to effectuate its purpose hereunder and may enter into agreements to secure such Bonds. The Authority may issue other forms of indebtedness authorized by the Act, and to secure such debt, to further such purpose. The Authority may utilize other forms of capital, including, but not limited to, the Authority's internal resources, capital markets and other forms of private capital investment authorized by the Act. d. The Authority is hereby authorized to do all acts necessary for the exercise of its power, including, but no( limited to: (1) executing contracts, (2) employing agents, consultants and employees, (3) acquiring, constructing or providing for maintenance and operation of any building, work or improvement, (9) acquiring, holding or disposing of real or personal property wherever located, including property subject to mortgage, (5) incurring debts, liabilities or obligations, (6) receiving gifts, contributions and donations of property, funds, services and R26)I.RRRRa'OMM7].2 -d- any other forms of assistance from persons, firms, corporations or governmental entities, (7) suing and being sued in its own name, and litigating or settling any suits or claims, (8) doing any and all things necessary or convenient to the exercise of its specific powers and to accomplishing its purpose (9) establishing and/or administering districts to (mane and refinance the acquisition, installation and improvement of energy efficiency, water conservation and renewable energy improvements to or on real property and in buildings. The Authority may enter into one or more agreements, including without limitation, participation agreements and implementation agreements to implement such programs. C. Subject to the applicable provisions of any indenture or resolution providing for the investment of monies held thereunder, the Authority shall have the power to invest any of its funds as the Board deems advisable, in the same manner and upon the same conditions as local agencies pursuanL to Section 53601 of the Government Code of die State of California. f. All property, equipment supplies, funds and records of the Authority shall be owned by the Authority, exceptt as may be provided otherwise herein or by resolution of the Board. g. Pursuant to the previsions of Section 6508.1 of the Act, the debts, liabilities and obligations of the Authority shall not be debts, liabilities and obligations of the Members or Associate Members. Any Bonds, together with any interest and premium thereon, shall not constitute debts, liabilities or obligations of any Member. The Members or Associate Members hereby agree that any such Bonds issued by the Authority shall not constitute general obligations of the Authority but shall be payable solely front the moneys pledged to the repayment of principal or interest on such Bonds under the terms of the resolution, indenture, trust agreement or other instrument pursuant to which such Bonds are issued. Neither the Members or Associate Members nor the Authority shall be obligated to pay the principal of or premium, if any, or interest on die 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 Members or Associate Members or the Authority shall be pledged to the payment of the principal of or premium, if any, or interest on the Bonds, nor shall the Members or Associate Members of the Authority be obligated in any manner to make any appropriation for such payment No covenant or agreement contained in any Bond shall be deemed to be a covenant or agreement of any Delegate, or any officer, agent or employee of the Authority in at individual capacity, and neither the Board nor any officer thereof executing the Bonds or any document related thereto stall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. The Board shall consist of die number of Delegates equal to one representative CV iFCfC�Tg:Sku�YFA -5- from each Member. b. 'Ilse governing body of each Member shall appoint one of its Supervisors to serve as a Delegate on die Board. A Member's appointment of its Delegate shall be delivered in writing (which may be by electronic mail) to the Authority and shall be effective until he or she is replaced by such governing body or no longer a Supervisor, any vacancy shall be filled by the governing body of the Member in the same manner provided in this paragraph b.. C. The governing body or each Member of the Board shall appoint a Supervisor as an alternate to serve on the Board in the absence of the Delegate; the altemate may exercise all the rights and privileges of the Delegate, including the right to be counted in constituting a quonnn, to participate in the proceedings of the Board, and to vote upon any and all matters. No alternate may hacc more dim one vote at any meeting of the Board, and any Member's designation of an alternate shall be delivered in writing (which may be by electronic mail) to die Authority and shall be effective until such alternate is replaced by his or her governing body or is no longer a Supervisor, unless otherwise specified in such appointment. Any vacancy shall be filled by the governing body of the Member in the same manner provided in this paragraph c.. d. Any person who is not a member of the governing body of a Member and who attends a meeting on behalf of such Member may not vote or be counted muurd a quorum but may, at the discretion of the Chau, participate in open meetings he or she attends. e. Each Associate Member may designate a non-voting representative to the Board who may not be counted toward a quorum but who may attend open meetings, propose agenda items and otherwise participate in Board Meetings. C Delegates shall not receive compensation for serving as Delegates, but may claim and receive rebnbursement for expenses actually incurred in connection with such service pursuant to odes approved by the Board and subject to the availability of funds. g. The Board shall have the power, by resolution, to the extent permitted by the Act or any other applicable law, to exercise any powers of the Authority and to delegate any of its functions to the Executive Committce or one or more Delegates, officers or agents of the Authority, and to cause any authorized Delegate, officer or agent to take any actions and execute any documents for and in the name and on behalf of the Board or the Authority. h. The Board may establish such committees as it deems necessary for any lawful purpose; such committees are advisory only and may not act or purport to act on behalf of the Board or the Authority. i. The Board shall develop, or cause to be developed, and review, modify as necessary, and adopt each ]irograrn. B. Meed of the Board 686/I.0C Wa`.M21).E -6- .AGFT a. The Board shall meet at least once annually, but may meet more frequently upon call of any officer or as prodded by resolution of the Board. b. Meetings of the Board shall be called, noticed, held and conducted pursuant to the provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part I of Division 2 of Title 5 of the Government Code of the State of California. C. The Secretary of the Authority shall cause minutes of all meetings of the Board to be taken and distributed to tach !Member as soon as possible after each meeting. d. The lesser of twelve (12) Delegates or a majority of die number of current Delegates shall constitute a quorum for transacting business at any meeting of tie Board, except that less than a quorum may act to adjourn a meeting. Each Delegate shall have one ante. C. Meetings may be held at any location designated in notice properly given for a meeting and may be conducted by telephonic or similar means in any manner otherwise allowed by law. 9. Ofceni l wdw, Official Bonds a. the Board shall electa chair and vice chair from among the Delegates at the Board's annual meeting who shall serve a term of one (1) year or until their respective successor is elected. The chair shall conduct the meetings of die Board and perform such other duties as may be specified by resolution of die Board. The vice chair shall perform such duties in the absence or in die even of the unavailability of the chair. b. The Board shall contract ahmually with RCRC to administer the .4greement and to provide administrative services to the Authority, and the President and Chief Executive Officer of RCRC shall serve ex officio as Executive Director, Secretary, Treasurer, and Auditor of the Authority. As chief executive of the Authority, the Executive Director is authorized to execute contracts and other obligations of the Authority, unless prior Board approval is required by a third party, by law or by Board specification, and to perform other dudes speed by the Board. The Executive Director may appoint such other officers as may be required for the orderly conduct of the Authority's business and affairs who shall serve at the pleasure of the Executive Director. Subject to the applicable provisions of any indenture or resolution providing for a trustee or other fiscal agent, the Executive Director, as Treasurer, is designated as the custodian of the Authority's funds, from whatever source, and, as such, shall have the powers, duties and msponnbilities specified in Section 6505.5 of the Act. The Executive Director, as Auditor, shall have the powers, duties and responsibilities specified in Section 6505.5 of the Act. C. The Legislative Advocate for the Authority shall be the Rural County Representatives of California. d. The Treasurer and Auditor are public officers who have charge of, handle, or have access to all property of the Authority, and a bond for such officer in the amount of at least one affinkOOWi )83V,7.8 -7- hundred thousand dollars ($100,000.00) shall be obtained at die expense of the Authority and filed with the Executive Director. Such bond may secure the faithful performance of such officer's duties with respect to another public office if such bond in at least the same amount specifically mentions the office of the Authority as required herein. The Treasurer and Auditor shall cause periodic independent audits to be made of die Authority's books by a certified public accountant, or public accountant, in compliance with Section 6505 of die Act. e. The business of the Authority shall be conducted under the supervision of the Executive Director by RCRC personnel. 10. Execartve Commitste of the Authority a. Composition The Audhority shall appoint nine (9) members of its Board to serve on an Executive Committee. b. Powers and limitations The Executive Committee shall act in an advisory capacity and make recommendations to the Authority Board. Duties will include, but not be limited to, review of the quarterly and annual budgets, service as the Audit Committee for the Authority, periodically review this Agreement; and complete any other tasks as may be assigned by the Board. 71he Executive Committee shall be subject to all limitations imposed by this Agreement, other applicable law, and resolutions of the Board. uomm A majority of the Executive Committee shall constitute a quorum for Iransacting business of the Executive Committee. 11. DiapumtanofAssets Upon termination of this Agreement, all remaining assets and liabilities of the Authority shill be distributed to the respective Members in such manner as shall be determined by the Board and in accordance with the law. 12. Agreement Not Ettdwivq Opmwion in jmudiction of Membu This Agreement shall not be exclusive, and each Member expressly reserves its rights to carry out other public capital improvements and programs as provided for by law and to issue otter obligations for those purposes. This Agreement shall not be deemed to amend or alter the terms of otos agreements among die Members or Associate Members. 13. Conflict of Inb=d Code sssn.000savoasstts g. FNKF�, o The Authority shall by resolution adopt a Conflict. of Interest Cale as required bylaw. 14. Corimburfiom and Advances Contributions or advances of public funds and of personnel, equipment or property may be made to the Authority by any Member, Associate Member or any other public agency to further the purpose of this Agreement Payment of public funds may be made to defray the cost of any contribution. Any advance may be made subject to repayment, and in that case shall be repaid in the manner agreed upon by the advancing Member, Associate Member or other public agency and the Authority at the time of making the advance. 15. Fist Year, Accounts; Repmta; Annual Budget Administrative Expmxa a. The fiscal year of the Authority shall be die period from January 1 of each year to and including the following December 31, except for any partial focal year resulting from a change in accounting based on a different fiscal year previously. b. Prior to the beginning of each fiscal year, the Board shall adopta budgetfor the succeeding fiscal year. C. The Authority shall establish and maintain such funds mid accounts as may be required by generally accepted accounting principles. The books and records of the Authority are public records and shall be open to inspection at all reasonable times by each Member and its representatives. d. The Auditor shall either make, or contract with a certified public accounlahu or public accountant to make, an annual audit of the accounts and records of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Cale of the Slate of California, and shall conform to generally accepted auditing standards. When an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member (and also with the auditor of Sacramento County as the county in which the Authority's office is located) within 12 months after the end of the fiscal year. C. In any year in which the annual budgetof the Authority does notexceed five thousand dollars ($5,000.00), the Board may, upon unanimous approval of die Board, replace the annual audit with rah ensuing one-year period, but in no Brent for a period longe than two fiscal years. 16. Duties of Members or Associate Members; Breach If any Member or Associate Member shall default in performing any covenant contained herein, such default shall not excuse dim Member or Associate Member from fulfilling its other obligations hereunder, and such defaulting Member or Associate Member shall remain liable for essrt.ossomemasrts _g. die performance of all covenants ]hereof. Each Member or Associate Membei hereby declares that this Agreement is entered into for the benefit of the Authority created hereby, and each Member or ,associate Member hereby grants to the Authority the right to enforce, by whatever lawful means the Authority deems appropriate, all of die obligations of each of the parties hereunder. Fadi and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative, and die exercise of one right or remedy shall not impair the right of the .authority to any or all other remedies. 17. Indemnification To the full extant permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Board Delegate, alternate, officer, consultant, 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 fan that. such person is or was such a Delegate, alternate, officer, consultant, employee or other agent of the Authority. Such indemnification may be made 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 his or her conduct 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 alike position would use under similar circumstances. 18. Immmites All of the privileges and immunities from liabilities, exemptions from law, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activity of officers, agents or employees of any of the Members or Associate Members when perfomhing their respective functions, shall apply to them to the same degree and extent while engaged m Delegates 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 under the provisions of this Agreement - 19. Amendment This Agreement may be amended by die adoption of the amendment by the governing bodies of a majority of the Members. The amendment shall become effective on the first day of the month following the last required member agency approval. An amendment my be initiated by elle Board, upon approval by a majority of die Board. Any pmposed amendment, including the text of the proposed change, shall be given by the Board to each Member's Delegate for presentation and action by each Members board within 60 days, which time may be extended by the Board. The list of Members, Attachment 1, may be updated to reflect new and/or witidmwn Members without requiting formal amendment of the Agreementby the Authority Board of Directors. 82671 AOOOD.9O884]2.2 -to- If a Member withdraws as member of RCRC, its membership in die authority shall automatically terminate. A Member or Associate Member may withdraw from this Agreement upon written notice to the Board; provided however, that no such withdrawal shall result in the dissolution of the authority as long as any Bonds or other obligations of the Authority remain outstanding. Any such withdrawal shall become effective thirty (30) days after a resolution adopted by die Members governing body which authorizes withdrawal is received by the Authority. Notwithstanding the foregoing, any termination of membership or withdrawal from the Authority shall not operate to relieve any terminated or withdrawing Member or Associate Member from Obligations incurred by such terminated or withdrawing Member or Associate Member prior to the time of its termination or withdrawal. £ll. Mieea➢anecan a. Conoterparm This Agreementmay be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. b. Construction. The section headings herein are for convenience only and are not to be cousWed as modifying or governing the language in the section referred to. C. Approvals. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. d. Jam: Vmue. This Agreement is made in the State of California, under tie Constitution and laws of such State and is to be so construed; any action to enforce or interpret its terms shall be brought in Sacramento County, California e. L**rdfion. This Agreement is the complete and exclusive statement of die agreement among the patties hereto, and it supersedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the paries relating to the subject muter of this Agreement f. Successon; Ash This .agreement shall be binding upon and shall inure to die benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the Board. g. Sevnabilily. Should any part, tern or provision of this .agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of die remaining pans, terms or provisions hereof shall not be affected thereby. The parties hereto have caused this Agreement to be executed and attested by their properly authorized officers. 8=1 0000YINOGW7.2 tLLkl:'J AS ADOPTED BY THE MEMBERS: Originally dated July 1, 1993 Amended and restated December 10, 1998 Amended and restated February 18, 1999 Amended and restated September 18, 2002 ,mended and restated January 28, 2009, Amended and restated December 10, 2014 I SIGNATl IRES ON FOLLOWI G PAGES] 826'l1.0000 WB82r).2 -12- COUNIT OFALFINE O.By: N Dazed: 09/02/2014 Name: Donald M. Jardine Title: Chair. Attest: BY�� "` 'VI* Clerk of de Board of Supervisors By: Teola L. Tremayne, Asst. County Clerk II�_Ya:.n ►a California Hone Finmce Audtority 1215 K Street, Suite 1650 Sacrnnenlo, CA 958141 846'/1.00 W M9D63P]).4 m C0 J� R A By. ^ .f Dated: Name: Theodore P. Novelli Tide: Mairvan Auest: California Home rh=ce Authority 1215 K Street, Suite 1650 Sac nenm, CA 955111 99611.00000t90M".2 COUNTYOFBU M Br "'�Dated: m Nae: D-ol lT," Tek: 0"-, rl `At lfo vq Atteou xnf By: � _....... Hoart orSupervison lahrmua Home buwuo Audmrity 1215 K SUDd, Suite M50 Swiwncuto, CA 958141 a ffi'/I.000OP9YBU"j COUNTY OF CAI.AVEM By-. —& iL Pt -v-\ -�Z. Datal:ql�tg Nmuc: Tidy. Attest: Clerk of ille I4Oami n Supemson Cal$bmia Hmnc Fintmcc Authority 1215 K Strcet, Suiic 1650 Sacranento, CA 958141 xw71.oDOV,Waa217.2 Q,j+F(.Tn COUNTY OF COLUSA By: Dated: 9/23/2014 Name: Kin Dolbow Gana Tide: Chair, Colusa County Board of Supervisors Attest: Robert J. Musser, lerk f �Boaof eora ierk of the Califonva Homc Futancc Authority 1215 K Strecl, Sufic 1650 Sacramento, CA 958141 affin.eW0UA9aa4]]5 c ?� r r CQtWMOFbELkom g .I CffonL74i106iC.H108tICC-AudiMiW 121�:8,,tbuc.I6sv B4ftMDDR*kMS: i Attesl:.JAmrs S/� ' o� sacs -1 (perk of O c Baud f6f Supervie *� erwc CaWmiia Homo Fuwue Audwrity 1415 K Street, Suite 16.50 Sacr uto, CA 958141 a 140OIU111 72 < 2'NrrE �• hll M' • ail�l By. / ..� Dated: 2=oh r B. 2019 4 Name: Mike Murray Tale: Chairman, Board of Supervisors C"onua Hone Fuxure Audionly 1215 K Stme4 Suite 1650 Swmmmd% CA 958141 ml.000mo ns Attachment 3 to Agenda item 0 0 .1J it 0 J Dated: Name. Esklte }inno(! Exhibit Ato Resolution Title: VicC Ck xz! &f 44%c WK/YtbO dO J &-'rot a 5t• Ferv1s"s Attest: erk of the Board of Supervisor Califon Home Fiuutre Authority 1215 K Street, Suite 1650 Sacramento, CA 9.58141 ess�t.aonnnvnoasrt.s `hpt�F� 11➢: '� Name: john Y. SSnieoa Tille: Chalmao, Board of Sllperaieora Atbtd: (lcl . Board orSupervuon California Home Momm Audlody 1215 KStrcct, Suitc 1&50 Sacramento, CA 953141 MI ODOW1~72 ��i Dand f5hdr, Bound of Supwvism ATTEST: MATTFERRY Clxk of the Bold of Supwvim By. APPROVED AS TO FORM; ANTTA 4 GRANT Courcy Counsel BY.. CeSfwuie Homme Fmwme Auto city 1215 R Street Suite 1650 Summenm, CA 95814 R671,eWW,ew32Tl2 _ _�� Iffi i:,if.io i..� co HN Name: LARRY A. BOSICK Title: CBAIRMAB, BOARD OF SUPERVISORS CalBomia Home Fiowtre Audu * 1215 K Stma/, Suite 1650 -Saetameuto, CA 958141 Dined: / m i i I}ucd: /19 `- i'-- Title: CHAIRMAN, BOARD OF SUPERVISORS r/ c1eh�� superviso " Califontia Home Fuwsc Au0tority 1215 K Slm4 Suite 1650 San==to, CA 958141 lwt.0000w9�4 COUNTT OF MARIPOSA BY1 1)a1a1: /6 Nana: �f-vo C A -w) FRS .ez %- CGS aVF:DCi} c�k urILc liuw,d ui Superviso�a G J /,��Y� � &7EVM W.:DAHLEMC CC%i9dT1'CCHW SEL CaUlbnlia Ham Fha c Autluaily 1215 K Sired, Sade 1656 Sar Mlo, uk .%8141 tlbin.WpOP9p8a x COUNTY OF MMMOCINO B1: Na4JPinches Tifiv Chair, Mendocino County Board of Supervisors Attest Clal! Cif tlu Board d'Supmm Deputy California Home Financo Aut Mrity 1215 K Street, Shite 1650 Saaamemo, CA 955141 a as�r.mmMeeens Nit& September 23, 2014 I hereby c"y that ao=ft to Me provrsian of Oovamw> t COde seWons 26103, dellvery of Mb doounrd hes Asan trade. CARMEL J ANOELo Clerk of Me fiord BY' eWb PYr. COUNTY OF MERCED NOY S 5 2014 ts}: uvea: Name: rs\�. i? b't3 yw;O--1 Title: Attest: 0 —— rk of I , &rant n Calil'onua Home Fivaurc AnUtority 1215 R S(mo, Suite 1650 Satnunow, CA 41.581,14 W.71 oOnnR^U77.a �,RKFy: COUNTYOFMODOC Title: Attest: r :.clerk of du Boatd of�; ncrvi:atrs California Home F1 MSe .4udtority 1215 K Street, State I650 Sacramento, CA 958141 evs>i.omovnmssns Dated: 9 . OOUNTYOFMONO ISI:�i ,YN'._ Name: �l� M 1<`. �0 N.J• STA-[ Tdle: SJO P�+—�/ VS ML t IMS C Wbruia Homc Yzm" Aulliorily 1215 K Sheet, Style 1641 Samamenm, CA 958141 ewn.m000a 4 COUNTYOFNAPA 13):'.� V1AI Y " ]ialC11: Nnle: Title: l/;, Attest: G'." y s. 1 Co ( APPROVED BOARD OF SUPERVISORS COUNTY OF NAPA GLADYS 1. COIL Clerk of Ilu Heard Sulxrvisnrs CLERK OF E BOARD BY H; .Deputy California Home Fitumcc Authority 1215 K Street, Suite 1650 Saaameno, CA 958141 APPROVED AS TO FORM Office of COU* Counsel, By: Date:1112114 asmt.asauaareasnx COUNTY OF NEVADA Name: Nathan H. Beason Title: Chair. Board of Supervisors Attest.• Clefk of the Board of Supervisors Approved a � to Porn: Cok"61 [PLEASE SEND TOSEND TO: California Home Finance Authority 1215 K Sure; Suite 1650 Sacramento, CA 958161 aWt.s000vnssasnl Dated: r COUNTY OF FI ACER By: , � Dated:_ N :�7CSVi C� 5 (' � Title: FO Attest: }Y Clerk of the Board of Supervisors California Home Finance Authority 1215 K Street, Suite 1650 Sacramento, CA 958141 M71 ODODasa M.2 Daoui: 'Name: rwc d%(if!/7/SCJ •T. �. Tia' , f7MOmia Home-kuwx Audaritp 1$15 K Suve e,Suite 1850 Sa ri we, CA 958bg 910ISWUPYdIe""A COMM OF SAN BERM Talc chair � Sah 6w k L' ,ag4f b r� oC supervtim Ames: Call' Ho Fuauue AmMrity 1213 K suer{ SuBe 1630 Sammento, CA 938141 M�yffi�s Y1lC��.JAS TO LEGAL FORM 3AN BENITO COUNTY COUNSEL kN S STAN OCOUMYCOIM 4LDATE ;ta� 2014-104 October 7, 2014 COUNIY OF SIERRA i r Dated: October 7, 2014 Name: Paul Roen Title: Chairman, Sierra County Board of Supervisors Attest: C.7cA of the Boatel of Supervisors The Fo15 a 'W" Rene A dof 4®lmd MM TO: In aW f Ca&fondR Houu Funke Authority 1215 K Street, Suite 1650 Sartanunto, CA 958141 Rw I.w"M..%M2 Dated t o 1 'd (1l Name: Michael ta. Tule: Chair, Poard of Supervisors Attest: Cblleen Setaer, p7ty Cl Clerk of the BoaIj of Supm on Ay: Deputy California Home Finance Authority 1815 H Street, Suite 1650 Saaameom, CA 958141 mi 0000a5008277S COUNTY OF SUrrER By . Warta: i'i-,�l-•11-r Title: CafiConril Nome Fjimm Audiwity 1415 K Susd, Suite MW Sur-ameNo, CA 958141 �LODOOueoe M • LL•11. • MllyL\ By: - z .. ,,,�//` ' r Dated: OCT 212014 Name:Steve R. Chamblin TiOe: Chairman / Hoard of Supervisors Attest October 21, 2014 Deputy Clcr of t11e Bo of Supervisors Califomia Home rinance Authorip 1215 K Street, Suite 1650 Sacrmnento, CA 958141 8%71.0 \9=2773 o 0 AS ;may[, Ai°2 "yD i i J.� , i1,C Chairnea TrWty County Hoard of Supervisors C. li ctrl nCSupert i+uu I[3i�_yi�9_�flRlllCa� Calilomia llomc Pimm ,-Awhu ih, 121,5 6 .Svrl1..Sicue I 6.50 Sarom,nio, ('A 9581 11 9167 1.1 XNY1Wg1Y .! COUNTY OF TUOLUBM By: R " - Dated: C)( I Ll. Name: Rul -&1 t) Tide: Attest: AV -ROVED ASTO LEGAL FORK• CCW.f YCOUNSEL C uOU WTY UPTUOLUMNE Clerk of the and of Supervisors M J—— lif WL DRIVOAIHL OlM [PLEASE SEND TO: California Home Finance Authority 1215 K Street, Suite 1650 Sacramento, CA 95819.1 9ffi 1.0000%9083' 71 COUNTY OFYOLO By: v None: T�yt Title: (f /" �ISi 7I.F�`1�IU1 • Califomia Hoene Finance Authority 1215 K Sueet, Suite 1650 Sachamento, CA 958141 I I.ODDonl OM7.s Dated: LWm APPROVBDAS M FORM: PiU1 L POOLB=f ,l K `% COUNTY OFYUBA 0 Namc: John tti, Chair Title Chair flllcxl: CIcrF: of the 13ourl 6TSulicimsors Califonua Home Finance Aulhoriry 1215 K Street, Suite 1650 Sacramento, CA 958141 sxn.MWL�77.2 Dalai: October 2, 2014 APPROVED AS TO FORM ANGIL P. MORRIS-JO,4ES CO S BY: / ATTACHMENT 1 CALIFORNIA HOME FINANCE AUTHORITY MEMBERS Alpine County Amador County Butte County Calaveras County Colusa County Del Norte County D Dorado County Glenn County Humboldt County Imperial County Inyo Count. Lake County Lassen County Madera County Mariposa County Mendocino County Merced County Modoc County Mono County Napa County Nevada County Placer County Plumas County San Benito County Shasta County Sierra County Siskiyou County Sutter County Tehama County Trinity Count• Tuolumne County Yolo County Yuba County �nHY� SIGNATURE PAGE FOR NEW ASSOCIATE MEMBERS ACKNOWLEDGING RECEIPT OF THE CALIFORNIA HOME FINANCE AUTHORITY AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CITY OF BAKERSFIELD By: Dated Title Attest: By City Clerk