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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 May 7, 2024 by and among the Members (as defined herein); <br /> WITNESSETH: <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 <br /> or 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 <br /> as the City of Santa Ana Public Financing Authority, for the purpose of providing an entity to <br /> assist in providing financing, for purposes which are authorized by law and which could fmance, <br /> lease, own, operate and maintain public capital improvements for any of its Members, or to be <br /> owned by 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 /> 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 <br /> have 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 <br /> from time to time. <br /> 1 <br /> 55394.00068\42104911.2 <br />