|
55394.00068\42104911.2
<br />
<br />
<br />2
<br />“Bond Purchase Agreement” means an agreement between the Authority and a Member or
<br />a Local Agency, pursuant to which the Authority agrees to purchase Indebtedness from a Member
<br />or a Local Agency, as the case may be.
<br />“City” means the City of Santa Ana.
<br />“Fiscal Year” means the fiscal year of the Authority as established from time to time by
<br />the Board, being at the date of this Agreement the period from July 1 in any calendar year to and
<br />including June 30 in the succeeding calendar year.
<br />“Housing Authority” means the City of Santa Ana Housing Authority.
<br />“Indebtedness” means bonds, notes or other evidences of indebtedness, and all other
<br />obligations, instruments and agreements constituting “Bonds” under the Joint Powers Law, which
<br />are issued or incurred by or on behalf of the Authority, a Member or a Local Agency pursuant to
<br />the Bond Law or pursuant to any other provision of law to finance the lease, acquisition,
<br />construction or improvement of Public Capital Improvements, Working Capital Requirements, or
<br />liability or other insurance needs of any Local Agency (the “Local Obligations”).
<br />“Joint Powers Law” means Articles 1 through 4 (commencing with Section 6500) of
<br />Chapter 5, Division 7, Title 1 of the California Government Code, as amended from time to time.
<br />“Liability Share” means, with respect to any Member, the amount of a judgment for
<br />damages divided by the number of Members at the time the act or omission occurred, unless any
<br />portion of the judgment arises from an act or omission directly related to the studying, planning,
<br />financing, developing, acquiring, purchasing, construction, reconstructing, implementing,
<br />improving, enlarging, enhancing, operating, maintaining, selling, disposing of, or
<br />decommissioning of any project undertaken by the Authority under this Agreement, in which case,
<br />with respect to such portion, the term “Liability Share” shall mean, with res pect to any Member,
<br />the amount of such portion multiplied by a fraction equal to (i) such Member’s entitlement or right,
<br />if any, to participate in such project at the time the act or omission occurred, divided by (ii) the
<br />aggregate amount of all Members’ entitlements or rights to participate in such project at the time
<br />the act or omission occurred.
<br />“Local Agency” means each of the Members, any agency or subdivision of a Member, and
<br />any other city, county, authority, district or public corporation of the State of California.
<br />“Members” means, collectively, all of the Members that are parties to this Agreement,
<br />which Members shall initially consist of the City of Santa Ana and the City of Santa Ana Housing
<br />Authority and which shall include all additional Members that become parties hereto pursuant to
<br />the provisions of Section 7.02 hereof; provided, however, that the term “Member” shall not include
<br />any entity which shall have withdrawn or been excluded from the Authority pursuant to Section
<br />7.03 hereof.
<br />“Public Agency” has the meaning given to the term “public agency” in Article 1 of the
<br />Joint Powers Law, as may be amended from time to time.
|