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55394.00068\42104911.2 <br /> <br /> <br />1 <br /> <br />JOINT EXERCISE OF POWERS AGREEMENT <br />CREATING THE CITY OF SANTA ANA PUBLIC FINANCING AUTHORITY <br />THIS JOINT EXERCISE OF POWERS AGREEMENT (the “Agreement”), is made <br />and entered into this ______________, 2024 by and among the Members (as defined herein); <br />W I T N E S S E T H: <br />WHEREAS, agencies formed under Article 1 (commencing with Section 6500) of the <br />Joint Powers Law (as defined herein) are permitted to provide financing for any of their members <br />or other local public agencies in the State of California in connection with the lease, acquisition, <br />construction and improvement of public capital improvements, working capital requirements or <br />insurance programs of such members or other local agencies; and <br />WHEREAS, the Members wish to form an agency under the Joint Powers Law, known as <br />the City of Santa Ana Public Financing Authority, for the purpose of providing an entity to assist <br />in providing financing, for purposes which are authorized by law and which could finance, lease, <br />own, operate and maintain public capital improvements for any of its Members, or to be owned by <br />any of its Members (as defined herein). <br />NOW, THEREFORE, in consideration of the above premises and of the mutual promises <br />herein contained, the Members do hereby agree as follows: <br />ARTICLE I <br /> <br />DEFINITIONS <br />Section 1.01. Definitions. In addition to the other terms defined herein, the following <br />terms, whether in the singular or in the plural, when used herein and initially capitalized shall have <br />the meanings specified. <br />“Agreement” means this Joint Exercise of Powers Agreement, as originally entered into or <br />as amended from time to time in accordance with Section 8.05 hereof. <br />“Authority” means the City of Santa Ana Public Financing Authority established pursuant <br />to Section 2.02 hereof. <br />“Board” means the Board referred to in Section 3.01 hereof, which shall be the governing <br />body of the Authority. <br />“Bond Law” means the Marks-Roos Local Bond Pooling Act of 1985, being Article 4 of <br />the Joint Powers Law (commencing with Section 6584), as amended from time to time, Article 2 <br />of the Joint Powers Law (commencing with Section 6540), as amended from time to time, or any <br />other law available for use by the Authority in the authorization and issuance of Indebtedness or <br />to provide for the financing of Indebtedness and/or Public Capital Improvements, as amended from <br />time to time.