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JOINT EXERCISE OF POWERS AGREEMENT <br /> RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY <br /> THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this <br /> Agreement (all such parties, except those which have withdrawn as provided herein, are <br /> referred to as the "Members" and those parties initially executing this Agreement are referred <br /> to as the "Initial Members"): <br /> WITNESSETH <br /> WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government <br /> Code (in effect as of the date hereof and as the same may from time to time be amended or <br /> supplemented, the "Joint-Exercise of Powers Act"), twoor more public agencies may by <br /> agreement jointly exercise any power common to the contracting parties; and <br /> WHEREAS, each of the Members is a"public agency" as that term is defined in Section <br /> 6500 of the Joint Exercise of Powers Act; and <br /> WHEREAS, each of the Members is empowered by law to promote economic, cultural <br /> and community development, including, without limitation, the promotion of opportunities for <br /> the creation or retention of employment, the stimulation of economic activity, the increase of <br /> the tax base, and the promotion of opportunities for education, cultural improvement and public <br /> health, safety and general welfare; and <br /> WHEREAS, each of the Members may accomplish the purposes and objectives <br /> described in the preceding preamble by various means, including through making grants, loans <br /> or providing other financial assistance to governmental and nonprofit organizations; and <br /> WHEREAS, each Member is also empowered by law to acquire and dispose of real <br /> property for a public purpose; and <br /> WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint <br /> exercise of powers entity with the authority to exercise any powers common to the Members, <br /> as specified in this Agreement and to exercise the additional powers granted to it in the Joint <br /> Exercise of Powers Act and any other applicable provisions of the laws of the State of California; <br /> and <br /> WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is <br /> empowered to issue or execute bonds, notes, commercial paper or any other evidences of <br /> indebtedness, including leases or installment sale agreements or certificates of participation <br /> therein (herein "Bonds"), and to otherwise undertake financing programs under the Joint <br /> Exercise of Powers Act or other applicable provisions of the laws of the State of California to <br /> accomplish its public purposes; and <br />ursuant to Chapter 29 and comply with other applicable <br /> provisions of California law in order to accomplish the valid levy of assessments; and <br /> (2) The City will not be responsible for the conduct of any assessment <br /> proceedings; the levy of assessments; any required remedial action in the case of <br /> delinquencies in such assessment payments; or the issuance, sale, administration, <br /> repayment or guarantee of any bonds issued in connection with the Programs. <br /> SECTION 5. The appropriate officials and staff of the City are hereby authorized and <br /> directed to make applications for the Programs available to all property owners who wish to <br />d the Authority will notify the City in advance of any additions or changes; <br /> and <br />