HomeMy WebLinkAboutC-8528-1 - Joint Exercise of Powers Agreement - Orange County Housing Fainance Trust (OCHFT)ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
March 12, 2019
Submitting Agency/Department: OC COMMUNITY RESOURCES
Approve Orange County Housing Finance Trust Joint Powers Authority Agreement; and receive and file draft bylaws to
facilitate the establishment of the Orange County Housing Finance Trust to provide and receive funds for housing the
homeless population and persons and families of low income under certain conditions- All Districts
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER ❑
Unanimous ® (1) DO: Y (2) STEEL: Y (3) VACANT: (4) CHAFFEE: Y (5) BARTLETT: Y
Vote Key: Y= Yes; N=No; A=Abstain; X=Excused, B. 0. =Board Order
Documents accompanying this matter:
❑ Resolution(s)
❑ Ordinances(s)
❑ Contract(s)
Item No. S22C
Special Notes:
Copies sent to:
I certify that the foregoing is a true and correct copy of the Minute Order adopted
by the Board of Supervisors , Orange County, State of California.
Robin Stieler, Clerk of the Board
By:
eputy
March 7, 2019
County .executive Office
Memorandum
To: Clerk of the Board of Supervisors
From: Frank Kim, County Executive Officer
Subject: Exception to Rule 21
The County Executive Office is requesting a Supplemental Agenda Staff Report for the
March 12, 2019, Board Hearing.
Agency: OC Community Resources
Subject: Orange County Housing Finance Trust Joint Powers Authority Agreement
Districts: All Districts
Reason for supplemental: This item needs to go to the Board as a supplemental item to
advance the progress made from the collaborative efforts of Orange County cities and the
County of Orange towards the financing and continued development of supportive and
affordable housing. This Agenda Staff Report and attachments were finalized after the filing
deadline to the Clerk of the Board.
Concur:
WIIAM�6.1--Imll
Chairwoman Lisa A. Bartlett, Supervisor, Fifth District
cc: Board of Supervisors
County Executive Office
County Counsel
Agenda Item
Clerk's Use Only
0 40
9LIFOR$
MEETING DATE:
SUPPLEMENTAL AGENDA ITEM
AGENDA STAFF REPORT
3/12/19
LEGAL ENTITY TAKING ACTION: Board of Supervisors
BOARD OF SUPERVISORS DISTRICT(S): All Districts
SUBMITTING AGENCY/DEPARTMENT: OC�mmResources
DEPARTMENT HEAD REVIEW:%
Dep4rtoent Head Sig ature
DEPARTMENT CONTACT PERSON(S): Dylan Wright (714) 480-2788
Julia Bidwell (714) 480-2991
SUBJECT: Orange County Housing Finance Trust Joint Powers Authority Agreement
CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD
Ar p/, a G, Discussion
t Action
/ (l I i 1 AA L-) G%' '1 . 3 Votes Board Majority
C 6 Signature County Counsel Signature
Budgeted: N/A Current Year Cost: N/A Annual Cost: N/A
Staffing Impact: N/A # of Positions: N/A Sole Source: N/A
Current Fiscal Year Revenue: N/A
Funding Source: N/A County Audit in last 3 years: No
Prior Board Action: 6/12/2018 #S2A, 6/12/2018 41
RECOMMENDED ACTIONS)
1. Approve the Orange County Housing Finance Trust Joint Powers Authority Agreement and delegate
authority to the Chairwoman or her designee to sign and execute the Agreement upon the approval
and signature of three cities within the Orange County within 12 months of this Agreement's
approval by the Board of Supervisors.
2. Receive and file the draft bylaws, which are subject to formal adoption by the Orange County
Housing Finance Trust's Board of Directors following its creation through the execution of the
Orange County Housing Finance Trust Joint Powers Agreement by the County and three cities.
SUMMARY:
Approving the Orange County Housing Finance Trust Joint Powers Authority Agreement and receiving
the draft bylaws will facilitate the establishment of the Orange County Housing Finance Trust to provide
and receive funds for housing for the homeless population and persons and families of extremely low,
very low and low income within the County of Orange.
Page 1
public and private financing and funds. This Agreement allows OCHFT to consider the issuance of debt
in the future through amendments to the Agreement.
The Agreement also preserves certain powers for the participating parties. The Agreement does not
authorize OCHFT to do any of the following: (1) regulate land use in cities or in the unincorporated area
of the County; (2) serve as an owner or operator of housing units, (3) levy, or advocate or incentivize the
levying of, an exaction, including an impact fee, charge, dedication, reservation or tax assessment, as a
condition for approval of a development project; (4) require or incentivize inclusionary zoning
requirements; (5) require the Parties to this Agreement to dedicate or assign funding for any OCHFT
obligations or programs; (6) approve a housing project or program that is not supported by the governing
body of the jurisdiction (a City or the County) in which the project is proposed to be sited; or (7) require
the Parties to this Agreement to accept or provide any number of housing units as a prerequisite to joining
or remaining a member of the OCHFT.
The Agreement establishes a governing board comprised of two members of the Board of Supervisors,
two county -wide elected officials and five city council members.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Orange County Housing Finance Trust Joint Powers Authority Agreement
Attachment B — Orange County Housing Finance Trust Joint Powers Authority Bylaws
Attachment C — Assembly Bill 448
Attachment D - Section 50093 of the Health and Safety Code
Page 3
THIS INSTRUMENT IS A CORRECT COPY OF
. ? THE ORIGINAL ON FILE IN THIS OFFICE
`"vroer`� ATTEST (DATE:)
ROSIN OFTHE BOARD STIFLE
CLERK OF CLERtf OF THE EA0ARt)
BY DEPUTY
JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is
made this ay of`ILI&A &k- , 2019 (the "Effective Date"), by and between the
following public entities (collectively, the "Parties"): , and
(collectively, the "Cities") and the COUNTY OF ORANGE (the "County").
RECITALS
A. The Parties are responsible for the health and safety of the residents
within their geographic boundaries.
B. Each Party has the individual power to implement affordable housing
projects and programs generated within its jurisdictional boundaries, as well as to
create and issue development agreements for such activities.
C. The parties find it in their mutual economic interest to address work
force housing, affordable housing, and supportive housing issues on a regional level.
D. A countywide adequate supply of housing will provide social and
economic benefits to residents and taxpayers of the parties.
E. The Parties desire to act in the public interest to lessen the burden of
government by reducing the need for each party to act individually, and to provide
charitable support for affordable housing in Orange County.
F. California Government Code section 6500 et seq. ("Joint Exercise of
Powers Act" or "Act") permits two or more public agencies to create joint powers
authorities for the purposes cited herein, and permits the agencies to exercise
jointly any power that the public agencies could exercise separately, and further
grants certain additional powers to such joint powers authorities.
G. California Government Code section 6539.5 authorizes the County of
Orange and any of the cities within the County of Orange to create a joint powers
agency known as the Orange County Housing Finance Trust ("OCHFT"), which may
do any of the following: (1) fund the planning and construction of housing of all
types and tenures for the homeless population and persons and families of
extremely low, very low, and low income, as defined in Section 50093 of the Health
and Safety Code, including, but not limited to, permanent supportive housing; and
(2) receive public and private financing and funds.
H. California Government Code section 6539.5 also authorizes the parties
to a joint powers agreement, which is executed pursuant to its provisions, to grant
OCHFT the power to authorize and issue bonds, certificates of participation, or any
other debt instrument repayable from funds and financing received and pledged by
OCHFT. However, at this point in time, it is the consensus of the Parties to the
Agreement not to grant OCHFT the power to authorize and issue bonds or other
debt instruments. This Agreement may be amended in the future to grant OCHFT
the power to issue bonds or other debt instruments.
J. Local land -use decisions remain solely with each party. Nothing in
this Agreement deprives any party of its sovereign powers with respect to land -use
or transfers such powers to the joint powers authority.
NOW, THEREFORE, in consideration of the mutual promises set forth
below, the parties agree as follows:
Section 1. Creation and Purpose.
(a) Creation of OCHFT. Pursuant to the Joint Exercise of Powers Act,
including Section 6539.5 of the Government Code, there is hereby created a public
entity to be known as the "Orange County Housing Finance Trust." OCHFT shall
be a public entity separate and apart from the Parties, and shall administer this
Agreement.
(b) Purpose. This Agreement is made pursuant to the Joint Powers Act for
the purpose of creating OCFHT as a public entity separate from the Parties to: (i)
exercise Common Powers with respect to providing funding for the planning and
construction of housing of all types and tenures for the homeless population and
persons and families of extremely low, very low, and low income, as defined in
Section 50093 of the Health and Safety Code, including, but not limited to,
permanent supportive housing; and (ii) receive public and private financing and
funds. The purpose of this Agreement shall be accomplished and common powers
exercised in the manner set forth in the Agreement. Nothing contained in this
Agreement shall preclude the Parties from establishing, maintaining or providing
social programs or services to its residents as it deems proper and necessary.
Section 2. Term and Termination.
(a) Term. This Agreement shall become effective, and OCHFT shall come
into existence, on the Effective Date, and this Agreement shall thereafter continue
in full force and effect until terminated pursuant to subdivision (b) of this section.
(b) Termination. This Agreement may be terminated by agreement of the
Parties. Upon termination of this Agreement, OCHFT shall be dissolved and, after
payment or provision for payment of all liabilities, the assets of OCHFT shall be
distributed to the Parties in proportion to the contributions of each Party to OCHFT
and the amounts paid by each Party in connection with OCHFT's activities.
Section 3. Powers and Duties of OCHFT.
(a) General Powers. OCHFT shall have all the powers common to the
Parties to this Agreement necessary or convenient, specified or implied, to
accomplish the purpose of this Agreement as set forth in Section 1, subject to the
restrictions set forth in Section 3, subdivision (c) below. Said powers shall be
exercised in the manner provided in the Joint Exercise of Powers Act and, except as
expressly set forth herein, subject only to such restrictions upon the manner of
exercising such powers as are imposed upon the Parties in the exercise of similar
powers.
(b) Specific Powers. Without limiting the generality of the powers
conferred in subdivision (a) of this Section 3, OCHFT is hereby authorized, in its
own name, to do all of the acts necessary or convenient to the accomplishment of the
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purposes of this Agreement and the full exercise of the powers conferred in
subdivision (a) of this Section 3, including but not limited to the following:
(1) to make and enter into contracts;
(2) to contract for staff assistance;
(3) to sue and be sued in its own name;
(4) to apply for, accept, receive and disburse grants, loans and other
aids from any agency of the United States of America or of the State of California;
(5) to invest any money in the treasury pursuant to Section 6505.5
of the Joint Powers Act that is not required for the immediate necessities of
OCHFT, as OCHFT determines is advisable, in the same manner and upon the
same conditions as local agencies, pursuant to Section 53601 of the California
Government Code;
(6) to apply for letters of credit or other forms of financial
guarantees in order to enter into agreements in connection therewith;
(7) to carry out all the provisions of this Agreement;
(8) to purchase obligations of any Party;
(9) to engage the services of private consultants to render
professional and technical assistance and advice in carrying out the purposes of this
Agreement;
(10) to employ and compensate counsel including bond counsel,
financial consultants, and other advisers determined appropriate by OCHFT in the
accomplishment of the purposes of this Agreement;
(11) to contract for engineering, construction, architectural,
accounting, environmental, land use, or other services determined necessary or
convenient by OCHFT in connection with the accomplishment of the purposes of
this Agreement;
(12) for the purposes of enforcing affordable housing covenants or
holding security interests for loans, to take title to, and transfer, sell by installment
sale or otherwise, lands, structures, real or personal property, rights, rights-of-way,
franchises, easements, and other interests in real or personal property which
OCHFT determines are necessary or convenient in connection with the
accomplishment of the purposes of this Agreement;
(13) for the purposes of renting space for OCHFT to operate, to lease
to, and to lease from, a Party or any other person or entity lands, structures, real or
personal property, rights, rights-of-way, franchises, easements, and other interests
in real or personal property which OCHFT determines are necessary or convenient
in connection with the accomplishment of the purposes of this Agreement;
(14) to solicit charitable contributions from private sources;
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(15) to propose amendments to this Agreement, including
amendments that would allow OCHFT to authorize and issue bonds, certificates of
participation, or any other debt instrument repayable from funds and financing
received and pledged by OCHFT; and
(16) to exercise any and all other powers as may be provided for
OCHFT in the Joint Powers Act or any other applicable law.
(c) Limitation on Powers. Neither this Agreement nor section 6539.5 of
the Government Code authorize OCHFT do any of the following:
(1) regulate land use in Cities or in the unincorporated area of the
County;
(2) serve as an owner or operator of housing units;
(3) levy, or advocate or incentivize the levying of, an exaction,
including an impact fee, charge, dedication, reservation or tax assessment, as a
condition for approval of a development project;
(4) require or incentivize inclusionary zoning requirements;
(5) require the Parties to this Agreement to dedicate or assign
funding for any OCHFT obligations or programs;
(6) approve a housing project or program that is not supported by
the governing body of the jurisdiction (a City or the County) in which the project is
proposed to be sited; or
(7) require the Parties to this Agreement to accept or provide any
number of housing units as a prerequisite to joining or remaining a member of
OCHFT.
Section 4. Members
The members of OCHFT shall be the parties to this Agreement who have not
withdrawn from OCHFT, and such other parties as may join OCHFT after
execution of this Agreement. New members may join on the terms and conditions
set forth in Section 10 hereof. Only the County of Orange and cities within the
County of Orange may be a party to this Agreement and a member of OCHFT.
Section 5. Board of Directors
(a) Selection of Directors. OCHFT shall be governed by a Board of
Directors consisting of nine Directors selected as follows:
(1) Two members of the Board of Supervisors of the County of
Orange selected by the Board of Supervisors.
(2) Two countywide elected officials selected from the following six
Orange County elected officials: Assessor, Auditor -Controller, Clerk -Recorder,
District Attorney -Public Administrator, Sheriff -Coroner, and the Treasurer Tax -
Collector by the Board of Supervisors of the County of Orange.
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(3) One city council member for the city member with the greatest
population in the North Region Service Planning Area as depicted in Exhibit A.
(4) One city council member for the city member with the greatest
population in the Central Region Service Planning Area as depicted in Exhibit A.
(5) . One city council member for the city member with the greatest
population in the South Region Service Planning Area as depicted in Exhibit A.
(6) Two city council members who are each selected from member
cities, which are not already represented on the Board of Directors. The selection of
these Directors shall be made by a City Selection Committee from votes cast on a
one -city -one -vote basis by representatives of the city members that are not already
represented pursuant to Section 5, subdivisions (a)(3), (a)(4) and (a)(5).
(b) Board Powers. Subject to the limitations of this Agreement and the
laws of the State of California, the powers of OCHFT shall be vested in and
exercised by and its property controlled and its affairs conducted by the Board of
Directors.
(c) Advisory Board. In accordance with OCHFT's bylaws, the Board of
Directors may convene an ex officio advisory board that may include a public
member, city managers or assistant city managers, the County Executive Officer, a
representative from law enforcement, and a representative from a housing
authority.
(d) Compensation. Members of the Board shall serve without
compensation but shall be entitled to reimbursement for any expenses actually
incurred in connection with serving as a Director. Any obligation to pay expenses
pursuant to this paragraph shall be a charge against any unencumbered funds of
OCHFT available for the purpose.
(e) Meetings of the Board of Directors.
(1) Call, Notice and Conduct of Meetings. All meetings of the Board
of Directors, including without limitation, regular, adjourned regular, special
meetings and adjourned special meetings, shall be called, noticed, held and
conducted in accordance with the provisions of the Ralph M. Brown Act.
(2) Regular Meetings. Regular meetings of the Board of Directors
shall be held at such dates and times as the Board may fix by resolution from time
to time. If any day so fixed for a regular meeting shall fall upon a legal holiday, then
such regular meeting shall be held on the next succeeding business day at the same
hour. No notice of any regular meeting of the Board of Directors need be given to
the individual Directors.
(3) Special Meetings. Special meetings of the Board of Directors
shall be held whenever called by the Chairperson of the Board or by a majority of
the Directors.
(4) Quorum. A majority of the seated members of the Board of
Directors shall constitute a quorum at any meeting of the Board except that less
than a quorum may adjourn a meeting to another time and place. Every act or
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decision done or made by a majority of the Directors present at any meeting at
which a quorum is present shall be the act of the Board of Directors.
(5) Minutes. The Board of Directors shall keep minutes of all
regular, adjourned regular, and special meetings, and shall, as soon as possible
after each meeting, cause a copy of the minutes to be forwarded to each Director
and to the Parties.
(6) Officers. The Board of Directors shall elect a chairperson and a
vice chairperson from among its members at the first meeting held in each fiscal
year. In the event that the chairperson or vice chairperson so elected ceases to be a
Director, the resulting vacancy shall be filled at the next regular meeting of the
Board of Directors held after such vacancy occurs or at a special meeting called for
that purpose. In the absence or inability of the chairperson to act, the vice
chairperson shall act as chairperson. The chairperson, or in the chairperson's
absence, the vice chairperson, shall preside at and conduct all Board of Director's
meetings.
(7) Rules and Regulations. The Board of Directors may adopt, from
time to time, by resolution, such rules, regulations and bylaws for the conduct of its
meetings and affairs as the Board determines is necessary or convenient.
Section 6. Additional Officers and Employees
(a) Officers and Contract Staff.
(1) OCHFT may contract with a Party to this Agreement for officers
and staff pursuant to Section 6, subdivision (d), or retain independent contractors,
agents, or volunteers as the Board of Directors may deem necessary to carry out any
of OCHFT's powers, upon such terms and conditions as the Board may require, .
including the retaining of professional and technical assistance, provided that
adequate funds are available in OCHFT's budget and are appropriated by OCHFT
therefore.
(2) None of the officers, agents or staff, if any, directly contracted
by OCHFT shall be deemed, by reason of their roles or duties or contracted status,
to be employed by the Parties.
(b) Treasurer and Auditor/Controller. Pursuant to Government Code
Sections 6505.5 and 6505.8, the Board of Directors shall appoint an officer or
employee of OCHFT, an officer or employee of a public agency that is a Party to this
Agreement or a certified public accountant to hold the offices of treasurer and
auditor for OCHFT. Such person or persons shall possess the powers of and shall
perform the treasurer and auditor functions for OCHFT required by Sections 6505,
6505.5 and 6505.6 of the Government Code, including any subsequent amendments
thereto. Pursuant to Government Code Section 6505.1, the auditor and treasurer
shall have charge of certain property of OCHFT. The treasurer and auditor shall
assure that there shall be strict accountability of all funds and reporting of all
receipts and disbursements of OCHFT. The treasurer and auditor of OCHFT shall
be required to file an official bond with the Board of Directors in an amount, which
shall be established by the Board. Should the existing bond or bonds of any such
officer be extended to cover the obligations provided herein, said bond shall be the
on
official bond required herein. The premiums on any such bonds attributable to the
coverage required herein shall be an appropriate expense of OCHFT.
(c) Attorney. The Board of Directors shall have the power to appoint one
or more legal advisors to OCHFT who shall perform such duties as may be
prescribed by the Board. The County Counsel of the County shall be OCHFT's
counsel unless and until the Board of Directors appoints other counsel to serve such
function.
(d) Administrative Services and Reimbursement of Costs.
(1) The Board of Directors may contract with a Party to this
Agreement to provide necessary administrative services to OCHFT, including the
services described in Section 6, subdivisions (a), (b) and (c). The amount charged by
the Party to provide such services to OCHFT shall be fixed by agreement between
the Board of Directors and the governing board of the Party providing such services.
In the absence of an agreement on costs, the Party providing services to OCHFT
under this Section 6 may charge OCHFT the amounts necessary to recover the
direct and indirect costs of such services.
(2) If OCHFT contracts with a Party to this Agreement to provide
OCHFT with administrative services through persons who are employees and
officers of the Party, then any retirement liabilities associated with that Party's
employees and officers shall not constitute a liability of OCHFT or any other Party
to this Agreement. This Section 6, subdivision (d)(2), shall not preclude a Party
providing administrative services to OCHFT pursuant to a contract with OCHFT
from accounting for such salary and benefit costs when negotiating the rates that
the Party will charge OCHFT for providing such services.
Section 7. Financial Provisions
(a) Fiscal Year. The Fiscal Year of OCHFT shall, unless and until
changed by the Board of Directors, commence on the 1st day of July of each year
and shall end on the 30th day of June of the next succeeding year except that the
initial Fiscal Year of OCHFT shall commence on the effective date of this
Agreement and end on the immediately following 30th day of June.
(b) Budget.
(1) General Budget. Within one hundred and twenty days (120)
after the first meeting of the Board of Directors, a general budget for the first fiscal
year shall be adopted by the vote of a majority of all of the Directors. The budget
shall distinguish between administrative costs (i.e., the cost of operating OCHFT)
and Program costs (i.e., the financing of the programs funded or sponsored by
OCHFT). Thereafter, at or prior to the last meeting of the Board of Directors for
each fiscal year, a general budget shall be adopted for the ensuing fiscal year or
years by a vote of at least a majority of all of the Directors of the Board.
(2) Expenditures for the Approved Budget. The payment of all
OCHFT obligations is limited to the amount of appropriations allowed in OCHFT's
approved budget, except as it may be revised with the approval of a majority of all
of the Directors of the Board of Directors.
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(c) Contributions by the Parties.
(1) Administrative Cost Contributions. The County shall be
responsible for OCHFT's administrative costs for one year following the creation of
OCHFT. After this initial year, and in consideration of the mutual promises
contained herein, the Parties agree that they shall make annual contributions
towards the budgeted administrative costs of OCHFT in accordance with a cost
allocation formula to be approved by the Board of Directors. By unanimous vote, the
Board of Directors may waive a parties' contribution toward OCHFT's
administrative costs. A Party's contribution to OCHFT's administrative costs shall
be in the form of money, unless the Board approves another form of contribution
such as services, personal property or use of real or personal property, or other in-
kind contributions. The acceptance and valuation of any such non -monetary
contributions shall be as determined by the Board.
(2) Program Cost Contributions. The particular programs and
program budget, funded, sponsored or operated by OCHFT, as well as the level of,
and mechanisms for, the involvement of OCHFT and each Party, in such programs
and program budget, shall be determined and approved by the Board of Directors.
A Party's individual contribution, involvement and role in any particular program
or the budgeted program costs shall be as may be mutually agreed between the
Party and OCHFT.
(d) Accounts and Reports.
(1) Books and Records. There shall be strict accountability of all
OCHFT funds and accounts and report of all OCHFT receipts and disbursements.
Without limiting the generality of the foregoing, OCHFT shall establish and
maintain such funds and accounts as may be required by good accounting practice.
The books and records of OCHFT shall be open to inspection at all reasonable times
by each Party and its duly authorized representatives.
(2) Annual Audit. The person appointed by the Board of Directors to
perform the auditor function for OCHFT shall cause an annual independent audit of
the accounts and records of OCHFT and records to be made by a certified public
accountant or firm of certified public accountants in accordance with Government
Code section 6505. Such audits shall be delivered to each Party and shall be made
available to the public.
(3) Annual Financial Report. Pursuant to section 6539.5 of the
Government Code, OCHFT shall publish an Annual Financial Report that shall
describe the funds received by OCHFT and the use of such funds by OCHFT. The
Annual Financial Report shall describe how the funds received by OCHFT have
furthered the purpose of OCHFT.
(e) Funds. Subject to the applicable provisions of any instrument or
agreement which OCHFT may enter into, which may provide for a trustee or other
fiscal agent to receive, have custody of and disburse OCHFT funds, the person
appointed by the Board of Directors to perform the treasurer function for OCHFT
shall receive, have the custody of and disburse OCHFT funds as nearly as possible
in accordance with generally accepted accounting practices, shall make the
disbursements required by this Agreement or to carry out any of the provisions or
purposes of this Agreement.
Section S. Amendments and Additional Parties.
(a) This Agreement may not be amended or modified except by a vote of
two-thirds of all of the Parties through formal action approving such an amendment
by the Parties' respective governing bodies.
(b) No addition to, or alteration of, the terms of this Agreement, whether
by written or oral understanding of the parties, their officers, employees or agents,
shall be valid or effective unless made in the form of a written amendment which is
formally adopted and executed by the Parties in the same manner as this
Agreement.
Section 9. Non -Liability for Obligations of OCHFT.
The debts, liabilities and obligations of OCHFT shall not be the debts,
liabilities and obligations of any of the Parties or personal debts, liabilities and
obligations of the Directors, officers or employees of OCHFT; provided that a Party
may, by an agreement separate from this Agreement, contract for, or assume
responsibility for, specific debts, liabilities, or obligations of OCHFT.
Section 10. Admission and Withdrawal of Parties
(a) Admission of New Parties. It is recognized that additional parties
other than the original parties, may wish to join OCHFT. The County of Orange and
any Orange County city may become a party to OCHFT upon such terms and
conditions as established by the Board of Directors. An Orange County city shall
become a party to OCHFT by the adoption by the city council of this Agreement and
the execution of a written addendum thereto agreeing to the terms of this
Agreement and agreeing to any additional terms and conditions that may be
established by the Board of Directors.
(b) Withdrawal from OCHFT. Parties may withdraw from OCHFT at any
time upon their governing board's adoption of a resolution that so states the party's
intent to leave OCHFT. The withdrawal of any party, either voluntary or
involuntary, unless otherwise provided by the Board of Directors, shall be
conditioned as follows:
(1) In the case of a voluntary withdrawal, written notice shall be
given to OCHFT six months prior to the effective date of withdrawal; and
(2) Unless otherwise provided by a unanimous vote of the Board of
Directors, withdrawal shall result in the forfeiture of that party's rights and claims
relating to distribution of property and funds upon termination of OCHFT as set
forth in Section 2 above.
Section 11. Notices.
Notices required or permitted hereunder shall be sufficiently given if made in
writing and delivered either personally or by registered or certified mail, postage
prepaid, to the persons and entities listed herein at the following addresses, or to
such other address as may be designated to OCHFT for formal notice:
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(a) County of Orange:
Santa Ana, California
(b) City of
Section 12. Miscellaneous.
(a) Section Headings. The section headings herein are for convenience
only and are not to be construed as modifying or governing or in any manner
affecting the scope, meaning or intent of the provisions or language of this
Agreement.
(b) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all together shall
constitute but one and the same Agreement.
(c) Laws Governing. This Agreement is made in the State of California
under the Constitution and laws of such State and shall be construed and enforced
in accordance with the laws of California.
(d) Severability. Should any part, term, portion or provision of this
Agreement, or the application thereof to any person or circumstance, be held to be
illegal or in conflict with any law of the State of California, or otherwise be rendered
unenforceable or ineffectual, it shall be deemed severable, and the remainder of this
Agreement or the application thereof to other persons or circumstances shall
continue to constitute the agreement the Parties intended to enter into in the first
instance.
(e) Successors. This Agreement shall be binding upon and shall inure to
the benefit of the successors of the respective Parties hereto. - No party may assign
any right or obligation hereunder without the written consent of a majority of the
other Parties.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to
be executed and attested by their duly authorized officers as of the date first above
written.
Dated:
10
COUNTY OF ORANGE, a political
subvisi of the State of California
Bv:
Chairw(Thign of the oard of SVpOwOisors
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THBOARD J=-'qo 0�'
C
Clerk of the Board of Supervisors
County of Orange, California
NOTICE TO COUNTY OF ORANGE
TO BE GIVEN TO:
FRANK KIM
COUNTY EXECUTIVE OFFICER
10 Civic Center Plaza
SANTA ANA, CA 92702-4062
APPROVED AS TO FORM:
LEON PAGE
COUNTY COUNSEL
IN
Dated: j'1 ,, c �, 7, 21, 01 5
11
Dated: q -30 —) �
ATTEST:
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Cit ler
NOTICE TO CITY TO BE GIVEN TO:
City Manager: 6rlaC,-- Let, n4rj
City of i Aw my�j BMAc,P-1
Street Addres's: lC;)D Gy t c Cc-,-itc4--
NenN�o r� Berl-, , CA lq-2-66, 0
Phone: gLKI/.Lpq — 300
Fax:
APPROVED AS TO FORM:
CITY OF
By: Awl , [Mayor]
By: CU
<�tx C ty Attorney
Orange County Housing Finance Trust — Joint Powers Agreement Signature Page
CITY OF FULLERTON
Dated:
i
B esus J. Silva, Mayor
NOTICE TO CITY TO BE GIVEN TO:
City Manager: Kenneth A. Domer
City of Fullerton
Street Address: 303 E. Commonwealth Avenue
Fullerton, CA 92832
Phone: 714-738-6310
Fax: 714-738-6758
go
AS TO FORM:
ey
Orange County Housing Finance Trust — Joint Powers Agreement Signature Page
r ,
Dated: f z l
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager: Scott Stiles
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714) 741-5100
Fax: (714) 741-5044
APPROVED AS TO FORM:
By: , 7/
ty Attorne ,
CITY OF GRDEN GROVE
By: Steve Jones, Mayor
Orange County Housing Finance Trust — Joint Powers Agreement Signature Page
CITY OF SAN JUAN CAPISTRANO
Dated: :5 _17-11
YL y: Benjamin Si gel, City Manager
ATTEST:
0 L -2, Q W
C"Q erk
NOTICE TO CITY TO BE GIVEN TO:
City Manager: Benjamin Siegel
City of San Juan Capistrano
Street Address: 32400 Paseo Adelanto,
San Juan Capistrano, CA 92675
Phone: (949) 493-1172
Fax: (949) 493-1053
APPROVED AS TO FORM:
By:
y Attorney
Orange County Housing Finance Trust — Joint Powers Agreement Signature Page
Dated: -6 -2-1 c(
ATTEST:
jmw&
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager:
City of _ eiA eSCL
Street Address: 1 `{ F:b�4 r Dvi v-2
CoSba N1 eto- , CA a Z(oZ
Phone: -1 t 5 500
Fax:
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CITY OF CO --4a- N1660 -
Orange County Housing Finance Trust — Joint Powers Agreement Signature Page