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ROH - 01/20/15 <br />RESOLUTION N0, 2015 -002 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA <br />CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE <br />CITY'S JURISDICTION IN THE FIGTREE PROGRAM TO FINANCE <br />RENEWABLE ENERGY AND ENERGY AND WATER EFFICIENCY <br />IMPROVEMENTS, APPROVING ASSOCIATE MEMBERSHIP IN THE <br />CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, AND <br />APPROVING AN INDEMNIFICATION AGREEMENT WITH FIGTREE <br />COMPANY, INC. RELATED TO THE FIGTREE PROPERTY ASSESSED <br />CLEAN ENERGY AND JOB CREATION PROGRAM <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. The City, upon authorization of the City Council, may pursuant to Chapter <br />5 of Division 7 of Title 1 of the Government Code of the State of California, <br />commencing with Section 6500 (the "JPA Law ") enter into a joint exercise <br />of powers agreement with one or more other public agencies pursuant to <br />which such contracting parties may jointly exercise any power common to <br />them. <br />B. The City and other public agencies wish to jointly participate in economic <br />development financing programs for the benefit of businesses and <br />nonprofit entities within their jurisdictions offered by membership in the <br />California Enterprise Development Authority (the "Authority ") pursuant to <br />an associate membership agreement and Joint Exercise of Powers <br />Agreement Relating to the California Enterprise Development Authority <br />(the "Agreement "). <br />C. Under the JPA Law and the Agreement, the Authority is a public entity <br />separate and apart from the parties to the Agreement and the debts, <br />liabilities and obligations of the Authority will not be the debts, liabilities or <br />obligations of the City or the other members of the Authority. <br />D. The form of Associate Membership Agreement (the "Associate <br />Membership Agreement ") between the City and the Authority is attached <br />herewith as Exhibit A and incorporated herein by this reference. The City <br />is willing to become an Associate Member of the Authority subject to the <br />provisions of the Associate Membership Agreement. <br />