HomeMy WebLinkAboutMINUTES - 03212000 - C. 134 C.135 TO: BOARD OF SUPERVISORS ✓. �. Contra
FROM: Dennis M. Barry, AICD
Costa
Community Development Director County
DATE: March 21, 2000
SUBJECT: Allocation of FY 1999/00 Community Development Block Grant Housing Development
Assistance Funds and Execution of Project Agreement for the Central County Emergency
Homeless Shelter Kitchen
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
(1) APPROVE the allocation of $283,000 in FY 1999/00 Community Development Block Grant
(CDBG) Housing Development Assistance Funds to the Housing Authority of the County of Contra
Costa for the Central County Emergency Homeless Shelter Kitchen Facility and(2)AUTHORIZE the
Deputy Director,Redevelopment or his designee to execute a CDBG Project Agreement and other legal
documents as required for this purpose.
FISCAL IMPACT
No General Fund impact. Funds for this project will come from the FY 1999/00 CDBG Housing
Development Assistance Fund. CDBG funds are provided to the County annually on a formula
allocation basis through the U.S. Department of Housing and Urban Development(HUD).
BACKGROUND/REASONS FOR RECOMMENDATIONS
On April 27, 1999, the Board of Supervisors approved the allocation of$963,750 to the FY 1999/00
CDBG Housing Development Assistance Fund(HDAF) for use in funding affordableho sing projects
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMNDATION OF B6ARD
Ci]MMITTEE
_APPROVE _OTHER
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SIGNATURE(S):
ACTION OF BOA N '14 2 c)c o APPROVED AS RECOMMENDED. MiiEH
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT t1 e)n ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Kathleen K. Hamm(925) 335-1257 ATTESTED !, 1 r,
Orig/cc: Community Development Dept. PHIL BATCHELOR,CLERK OF
cc: County Administrator THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
HACCC
BYE..,! ter // 9 ,. ... , DEPUTY
as they develop during the program year. Including prior year carryover and reallocated funds, the
current balance of the CDBG/HDAF is $1,893,212.
On February 24, 2000,the Affordable Housing Finance Committee (AHFC) voted to recommend that
the Board of Supervisors approve an allocation of$283,000 to the Housing Authority of the County of
Contra Costa (HACCC) for the Central County Emergency Shelter Kitchen. The funds were
recommended contingent on approval of all remaining resources required to successfully complete the
project and execution of a minimum ten-year operating agreement between the County and Loaves and
Fishes (L&F) specifying the terms and conditions under which L&F will operate the shelter kitchen.
Assuming approval of this project, the FY 1999/00 CDBG/HDAF will have a remaining balance of
$1,610,212.
The HACCC has requested CDBG/HDAF funds to develop a kitchen facility at the Central County
Emergency Shelter located in the unincorporated area north of Concord. As proposed,the kitchen will
provide meal service to a maximum of 198 homeless residents at the Brookside and Central County
Shelters and 165at-risk and very-low income households at a proposed dining facility operated by
Loaves and Fishes in East County. Vans will be used to transport prepared meals from the Central
County Shelter to Brookside and the dining facility. The project represents a partnership between the
HACCC, the County Health Services Department, and Loaves and Fishes. The HACCC will be
responsible for construction of the kitchen facility. Following completion,the kitchen will be operated
by Loaves and Fishes under a contract with the Health Services Department. Based on estimates
provided by the HACCC and Health Services, the kitchen project will result in a net savings to the
shelter food budget of approximately$25,000 to $30,000 per year, allowing these resources to be used
to expand support services for shelter residents.
The total development cost for this project is $458,441. Proposed sources of financing include:
Requested FY 1999/00 CDBG/HDAF $283,000
Contra Costa County FY 1997/98 CDBG $ 36,439
City of Walnut Creek CDBG $ 19,002
Loaves and Fishes Donations $120,000
TOTAL $458,441
The CDBG funds will be used for construction of the kitchen improvements. In addition to the current
request,the Board of Supervisors has previously approved the allocation of$821,000 in County CDBG
funds for the acquisition, rehabilitation, and conversion of the Central County Emergency Shelter.
Assuming approval of the additional funds, a revised Notice of CDBG funding in the amount of
$1,104,000 will be recorded against the shelter property in accordance with federal requirements.
Contra
TO: BOARD OF SUPERVISORS Costa
FROM: Dennis M. Barry, AICP County
Community Development Director
DATE: March 21, 2000
SUBJECT: East Bay-Delta Housing and Finance Agency
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
APPROVE AND AUTHORIZE the Chair to execute a Joint Exercise of Powers Agreement
with the East Bay-Delta Housing and Finance Agency; and APPOINT the Deputy Director -
Redevelopment to serve as the County's Board member, and Kathleen Hamm as the
alternate on the East Bay-Delta Housing and Finance Agency.
FISCAL IMPACT
No General Fund Impact. The East Bay-Delta Housing and Finance Agency ("Agency")
would exist solely to issue bonds to fund home mortgages through a lease-purchase
arrangement. The debt obligations of the Agency do not constitute obligations or
indebtedness of the County.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Promoting home ownership is viewed to be good public policy, and is incorporated into the
County's Housing Element of the General Plan. Achieving home owner ip as proven
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
L---RECOMMENDAT19,N OF COUNTY ADMINISTRATO RECO ENDATION OFARD
COMMITTEE APPROVE OTHER '
SIGNATURE(S):
r
ACTION OF BOARtl ON March 21, 2000 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT ----------i-- ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Source: Jim Kennedy
925.335.1255
Origin: Redevelopment Agency
cc: Community Development
County Administrator ATTESTEDMarch 21, 2000
County Counsel PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
ANDC TY ADMINISTRATOR
BY DEPUTY
HA Board Orders and Greenies\Boeastbay-deltahsg.doc �
elusive for some families simply because they have been unable to save enough money to
afford a conventional loan with typical down payment and closing costs. Working with the
private sector - lenders, bankers, insurers - a lease-to-own program has been developed
that provides access to mortgage funds via the sale of tax-exempt governmental purpose
bonds by a Joint Powers Agency. To date, the cities of Oakland, Richmond, Fremont,
Livermore, and Pleasanton have executed a joint powers agreement and created the
Agency. The County has been asked to join.
The County's joining the Agency as a member would permit County (unincorporated and
incorporated) residents to access program funds once they are available. The program:
• Is oriented to moderate to middle income home buyers earning up to 140% of
median income ($91,900/year)
• Has loan limits of$252,700
• Requires home buyers to enter a three year lease, during which time title to
the property is held by a non-profit corporation created by the Agency. During
the lease period the home purchaser makes monthly payments which are
used by the non-profit to pay down principal and interest on the home. After
the three year lease, title transfers to the purchaser, with mortgage payments
equal to their prior lease payment.
i The home purchaser pays a 1% fee to cover program costs, but does not
have the typical down payment and closing cost obligations.
The program to be undertaken by the East Bay-Delta Housing Finance Agency involves a
considerable amount of administration. The County staff has evaluated such programs in
the past, but felt the administrative burden combined with the relatively minimal income
targeting did not warrant our direct commitment of staff time. The County did enter into a
joint powers agreement with the Rural California Home Mortgage Finance Authority to
administer such a program. The East Bay-Delta Housing and Finance Authority provides
an additional program opportunity to facilitate home ownership, that does not burden
County staff to administer.
)K:els
HA Board Orders and Gree ies\Boeaatbay-de1tahsg.d0C �
JH:SGM:cco 05/27/99
05/31/99
JOINT EXERCISE OF DOWERS AGREEMENT
CREATING THE
EAST BAY-DELTA HOUSING & FINANCE AGENCY
Dated as of June 1, 1999
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE EAST BAY-DELTA HOUSING &FINANCE AGENCY
This Joint Exercise of Powers Agreement (the "Agreement"), dated for convenience as
June 1, 1999, is made and entered into by the signatories hereto, each a public entity duly
organized and existing under the Constitution and laws of the State of California (each a
"Member"or a"City"or"County"and,collectively,the"Members").
RECITALS
WHEREAS, the Members are each authorized and empowered to provide home
mortgage loans to qualified persons and families; finance the construction, rehabilitation,
acquisition, lease, and sale of housing; promote economic development; finance other capital
improvements;and issue revenue bonds to provide the funds therefor;and
WHEREAS, Chapter 5 of Division 7 of Title 1 of the California Government Code
(commencing at Section 6500) (the "Act") provides that two or more public agencies may by
agreement jointly exercise any powers common to the parties to the agreement and may by that
agreement create an entity which is separate from the parties to the agreement;and
WHEREAS, the parties to this agreement have each determined (1) that the public
interest and economy will be served by, and require, the joint exercise of their common powers
and (2) that a separate agency shall be created which shall have and exercise those powers
common to the Members;
NOW, THEREFORE, for and in consideration of the mutual benefits and premises
contained herein,the Members agree as follows:
ARTICLE 1
DEFINITIONS AND INTERPRETATION
Section 1.01. Definittow. Unless the context otherwise requires, the terms defined in
this Section shall have the meanings herein specified for all purposes of this Agreement.
A enc
The term"Agency„shall mean the East Bay-Delta Housing&Finance Agency created by
this Agreement.
A men
The term "Agreement" shall mean this Joint Exercise of Powers Agreement as it now
exists or as it may from time to time be amended,supplemented or modified by the addition of
signatory parties or by any supplemental agreement or amendment entered into pursuant to the
proyisions hereof.
Assgciate Member
The term "Associate Member" shall mean those Members identified as such in Section
3.03, and which shall not be entitled to appoint a representative to serve on the Board.
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Boar
The term. "Board" shall mean the governing board of directors of the Agency as
described in Article 8 hereof.
Bo
The term"Bonds"shall mean revenue bonds,notes,certificates of participation,or other
evidences of indebtedness of the Agency,authorized and issued pursuant to law.
Mg.ih
The term "Members" shall mean the governmental entities jointly exercising power
through, and which are signatory to, this Agreement, and shall include both Voting Members
and Associate Members. The Members may also be referred to as the"Cities"or"Counties".
Pron
The term "Program" shall mean the Agency's activity of furthering home ownership in
the geographical area of the Members signatory to this Agreement and of financing other capital
improvements,through the sale of revenue bonds,the purchase,construction or rehabilitation of
housing or other capital improvements, the entering into of leases, the sale of housing, the
provision of low-down-payment mortgages for buyers, and the exercise of any other powers
available to the Agency under Article 2 or Article 4 of the Act.
Voting M mbers
The term."Voting Members"shall mean those Members identified in Section 3.02 as such,
and which shall be entitled to appoint a representative to serve on the Board as a voting
member.
Section 1.02. motions and Headings. Captions and headings used herein are for
convenience of reference only;do not define or limit the scope of any provision hereof, and are
not to be considered in construing this Agreement.
ARTICLE 2
PURPOSE
Section 2.01. Purposes of Agreement antl_A_g -g. This Agreement is made pursuant to
the Act for the joint exercise of certain powers common to the Members. The Members are
empowered by the laws of the State of California to exercise powers as specified in the Recitals.
It is also the purpose of this Agreement to provide for the inclusion at a subsequent date of such
additional Members as may desire to become signatories to this Agreement and members of the
Agency. The purpose of the Agency is to carry out the Program for the public good and for the
residents who will benefit from the increased availability of housing affordable for purchase by
them.
ARTICLE 3
MEMBERSHIP;WITHDRAWAL
Section 3.01. Contract With All Other Members. Each Member certifies that it intends
to and does contract with all other Members which are signatories to this Agreement and with
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such other Members as may later be added as signatories to this Agreement. Each Member also
certifies that the deletion of any Member as a party to this Agreement,except as a joint effort to
terminate the Agreement pursuant to Section 7,shall affect neither this Agreement nor its intent
to contract with the remaining Members to carry out the purpose of this Agreement. All
Members to this Agreement acknowledge and agree that additional parties may become
Members to this Agreement without formal amendment hereof, by the execution of a
counterpart signature page.
Section 3.02. Voting Members. The Voting Members of the Agency are listed on
Exhibit A, attached hereto, and shall be entitled to appoint a City Councilmember, a member of
the Board of Supervisors or a staff member to serve on the Board.
Section 3.03. Associate MemY . The Associate Members of the Agency are listed on
Exhibit B, attached hereto, and shall not be entitled to appoint a City Councilmember, a
member of the Board of Supervisors or a staff member to serve on the Board,and shall not have
voting power on such Board.
Section 3.04. Withdrawal. Members of the Agency may withdraw from membership in
the Agency at any time upon thirty (30) days' advance written notice, subject to the following
exceptions:
(a) the restriction on withdrawal contained in Section 7.01 hereof,and
(b) a Member may not withdraw for so long as bonds or other obligations of
the Authority issued pursuant to and under the Program are outstanding, but only if the
proceeds of such bonds or other obligations were used to make loans or finance a project within
the jurisdiction of such Member.
ARTICLE 4
CREATION OF THE AGENCY
Section 4.01. Creationof the_Agenc There is hereby created a joint exercise of powers
authority to be known as the East Bay-Delta Housing&Finance Agency. The Agency shall be a
public entity separate from the Members. The debts, liabilities, and obligations of the Agency
shall not constitute debts,liabilities,or obligations of any Member.
ARTICLE 5
POWERS OF THE AGENCY,RESTRICTION UPON EXERCISE
Section 5.01. lowers of the Agee v. The Agency shall have all powers common to the
Members and is hereby authorized to do all acts necessary for the exercise of said common
powers,including,but not limited to,the following:
(a) the power to make and enter into contracts;~
(b) the power to accept the assignment of contracts which relate to the
purposes of the Agency and which were entered into by the Members prior to formation
of the Agency;
(c) the power to incur debts, liabilities, or other obligations which are not
debts,liabilities or obligations of the Members,or any of them;
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(d) the power to employ agents and employees;
(e) the power to acquire, construct, manage, maintain, and operate any
building,works or improvements;
(f) the power to acquire, hold, lease (as lessor or lessee), or dispose of
property,including property subject to home mortgages;
(g) the power to sue and be sued in its own name;
(h) the power to incur debts, liabilities or other obligations to finance the
Program and any other powers available to the Agency under Article 2 or Article 4 of
the Act; and
(i) all powers necessary and proper to carry out the terms and provisions of
this Agreement,or otherwise authorized by law.
Section 5.02. Membaslu_Agreements. The Agency shall have the power to enter into
membership agreements with any public agency upon the approval of the Board.
Section 5.03. tuber Powers, Each Member agrees that:
(a) all of its powers to acquire, construct, rehabilitate, finance, lease, or
dispose of property may be exercised by the Agency;
(b) the Agency may originate or acquire home mortgages with respect to
properties within its geographical boundaries to further the Agency's Program;and
(c) its grant of power to the Agency is to further the purposes of the Agency
and this Agreement and shall not be deemed to limit its power to act independently of
the Agency.
Section 5.04. RatKiclions. The powers of the Agency shall be exercised subject only
to the restrictions upon the manner of exercising such powers as are imposed upon the City of
. California, as provided in Section 6509 of the Act.
Section 5.05. Investments. Subject to the applicable provisions of any indenture or
resolution providing for the investment of moneys held thereunder, the Agency shall have the
power to invest any money in the treasury that is not required for the immediate necessities of
the Agency, as the Agency determines is advisable, in the same manner as local agencies
pursuant to California Government Code Sections 53601 e e .
ARTICLE 6
COOPERATION
Section 6.01. Additional Pro e�edings and Actions. Each-Member agrees to undertake
such additional proceedings or actions as may be necessary in order to carry out the terms and
the intent of this Agreement.
Section 6.02. Actions Affecting Ratings. Each Member further agrees to refrain from
taking any actions which would, to its knowledge, tend to adversely affect the rating on any
Bonds sold or to be sold to further the Program of the Agency. The exercise by any Member of
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its independent power to issue bonds or other indebtedness shall not be within the restrictions
of the preceding sentence.
ARTICLE 7
TERMINATION OF POWERS;DISTRIBUTION OF ASSETS
Section 7.01. Terxninalion. The Agency shall continue to exercise the powers herein
conferred upon it until the earlier of June 1, 2049 or such time as all Members shall have
mutually agreed to terminate this Agreement. However, if any Bonds shall have been issued
and are outstanding, then neither this Agreement nor the powers granted hereunder shall
terminate, and Members benefiting from such Bonds, directly or indirectly, shall not withdraw
from the Agency,until all such Bonds and the interest thereon shall have been paid or provision
for such payment shall have been made.
Section 7.02. Distribution of Assets.
(a) In the event that Bonds are not issued, upon termination of this Agreement, all
assets of the Agency shall be distributed to the respective grantors or assignors in proportion to
their respective contributions.
(b) In the event that Bonds are issued and following payment of all principal and
interest on the Bonds, or following the provision therefor, upon termination of this Agreement,
one half of all assets of the Agency shall be divided equally among the Voting Members, and the
other half of the Agency's assets shall be divided pro rata among all Members, based on
participation in the Program.
Section 7.03. Continued Existence of Agency. Upon termination, this Agreement and
the Agency shall continue to exist for the limited purpose of distributing the assets of the
Agency and all other functions necessary to close out the affairs of the Agency.
ARTICLE 8
GOVERNING BOARD
Section 8.01. Board of Director. The Agency shall be governed by a Board. of
Directors consisting of one City Council member, member of the Board of Supervisors or staff
member (each, a "Director," and collectively, the "Board") from each of the Voting Members.
Each of the initial Directors shall be approved by their respective city councils forthwith upon
approval of this Agreement, and each shall serve at the pleasure of his or her respective city
council or board of supervisors.
. Section 8.02. Alternates. The city council or board of supervisors of each Voting
Member shall appoint one alternate to the Board of Directors,who shall be a member of the city
council or the board of supervisors or of the staff of such city or county. When the Director
from any Voting Member is not present at a Board meeting, the alternate director appointed by
such Voting Member may serve in his place with the same authority as a Director.
Section 8.03. Com!Qnsation and-Ex enses.Directors may receive compensation for
their services pursuant to an authorizing resolution of the Board providing therefor. Each
member may be reimbursed for actual expenses, including travel incident to service as a
Director,pursuant to an authorizing resolution of the Board.
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ARTICLE 9
MEETINGS OF THE BOARD
Section 9.01. Regular Meeting. The Board shall hold at least one regular meeting each
fiscal year and,by resolution,may provide for the holding of regular meetings at more frequent
intervals. The regular meetings of the Board shall be held in the offices of one of the Voting
Members or at such other place and upon a date and hour as may be fixed from time to time by
resolution of the Board.
Section 9.02. Special Meetings. Special meetings of the Board may be called in
accordance with the provisions of California Government Code Sections 54950 et eq. All
meetings of the Board shall be called, noticed, held and conducted subject to the provisions of
the Ralph M. Brown Act,being Sections 54950 et. $of the California Government Code.
Section 9.03. Minutes. The Secretary of the Agency shall cause minutes of all meetings
of the Board of Directors to be kept and shall, as soon as practicable after each meeting, cause
a copy of the minutes to be distributed to each member of the Board and to each Member.
Section 9.04. . The attendance of a majority of the Board shall constitute a
quorum for the transaction of business. A majority vote of those in attendance shall be
necessary to take Board action, except that less than a quorum may adjourn a meeting from
time to time.
Section 9.05. Yghng. Each member of the Board shall have one vote.
ARTICLE til
OFFICERS,DITTIES
Section 10.01. C hhairoe�, rson Vice-Chairperson and Secretary. The Board shall elect a
Chairperson, a Vice Chairperson, and a Secretary of the Agency from among its members, who
shall each serve a term of two years.
(a) The Chairperson shall preside at all meetings, sign documents as may be
necessary for the proper functioning of the Agency, and perform such other duties as
may be imposed by the Board of Directors.
(b) The Vice Chairperson shall take the place of the Chairperson in the
absence of the Chairperson and perform such other duties as may be imposed by the
Board of Directors.
(c) The Secretary shall cause minutes to be kept of all meetings and to be
distributed to the Members and each of the members of the Board of Directors and
perform such other duties as may be imposed by the Board of Directors.
Section 10.02. Trewsurer-Controller. The Treasurer-Controller of the Agency shall be
the Treasurer of the of . California, or such other person or entity designated by
the Board.
(a) Subject to the applicable provisions of any Bond indenture or resolution
providing for a trustee or other fiscal agent, the Treasurer-Controller shall have custody
of all the money of the Agency, from whatever source, and, as such, shall have the
powers, duties and responsibilities specified in Section 6505.5 of the California
Government Code.
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(b) The Treasurer-Controller of the Agency is designated as the public officer
or person who has charge of,handles,or has access to any property of the Agency, and
as such, shall file a fidelity bond with the Secretary of the Agency in an amount to be
fixed by the Board. The cost of such bond shall be a proper charge against the Agency.
To the extent permitted by an existing fidelity bond, the Treasurer-Controller may
satisfy this requirement by filing a fidelity bond obtained in connection with another
public office,if the amount of that bond equals or exceeds the bond amount established
by the Board of Directors.
ARTICLE 11
FISCAL YEAR
The fiscal year of the Agency shall be the period from July 1 of each year through and
including the following June 30, provided, however, that if the date of this Agreement is other
than any July 1, the first fiscal year shall be the period from the date of this Agreement through
and including the following June 30.
ARTICLE 12
ADMINISTRATION
Section 12.01. Administrative Entity. In accord with Section 6506 of the California
Government Code, the initial administrative entity of the Agency shall a California nonprofit
corporation established or selected for such purpose.
Section 12.02. Duties of Administrative EntiW Delegation. The administrative entity
shall be responsible for implementation of the Program of the Agency. In carrying out its
responsibilities for administration of the program, the administrative entity may contract with
others, deemed by it to be qualified, to perform some or all of the administrative functions
required for implementation of the program.
Section 12.03. ftlacement o f Ad_nu_*ms1rafiy&jE_n_tity. The Board may change the
administrative entity at its discretion.
Section 12.04. Appointment of nderwriter. J.K. Chilton & Associates, Inc. is hereby
appointed as underwriter of the Bonds issued by the Agency.
ARTICLE 13
BONDS
Section 13.01. Issuance of Bonds. The Agency shall have the power to issue Bonds or
other forms of indebtedness authorized by law, at any time, for_the purpose of raising funds
necessary to carry out its powers and purpose under this Agreement.
ARTICLE 14
AGREEMENT NOT EXCLUSIVE
Section 14.01. Agreement Not Exclusive. This Agreement is not the exclusive means
by which the Members may perform duties relating to housing imposed by law. Each of the
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Members reserves the right to carry out other housing financing programs, to issue other
obligations,and to form other joint powers authorities to perform such duties.
Section 14.02. Affect On Other Agreements. This Agreement does not alter or modify
the terms of other agreements which may exist between the Members except as expressly
provided herein.
ARTICLE 15
CONTRIBUTIONS, ADVANCES, PRIOR EXPENSES
Section 15.01. Contributions and Advance. Contributions or advances of public
funds and of personnel, services, equipment or property may be made to the Agency by any
Member for any of the purposes of this Agreement. Funds collected from participating
developers, lenders, or others may be used to defray the cost of any such contribution. An
advance may be made subject to repayment and in such case shall be repaid if subsequently
approved by the Agency. If the repayment is approved by the Agency, the manner_of
repayment shall be as agreed upon by the contributing Member and the Agency at the time of
the advance. Notwithstanding any other contrary provision of this Agreement,no Member shall
be obligated to make contributions to the Agency, except as may be required pursuant to
Section 16.02 or Section 18.02 hereof.
Section 15.02. Expenses. Expenses incurred prior to a Bond sale, such as the costs of
a Bond rating, printing an official statement and a preliminary official statement, a market
study, a feasibility study, attorneys' fees, or other prior expense, shall be charged as costs of
issuance of the bonds,payable from the proceeds of the sale of such Bonds.
ARTICLE 16
ACCOUNTING AND REPORTING
Section 16.01. Accounting: Inspection by Members. The Agency shall establish and
maintain such funds and accounts as may be required by generally accepted accounting practice
and by any provision of any resolution or indenture securing the Bonds of the Agency. The
books and records of the Agency shall be open to inspection by the Members at a reasonable
times.
Section 16.02. Annual Audit. The Agency shall be responsible for the strict
accountability of all funds and the reporting of all receipts and disbursements. Pursuant to
Section 6506 of the Act, the Agency shall cause an independent audit by a certified public
accountant to be made of its books and accounts each year. The minimum requirements of the
audit shall be those prescribed by the State Controller for special districts under Section 26909
of the California Government Code or its successor statute and shall conform to generally
accepted auditing standards. The audit shall be provided to the Members within five months
after the close of each fiscal year. Any cost of the audit, including contracts with certified
public accountants, shall be borne by the Agency and shall be a charge against any
unencumbered funds of the Agency available for such purpose. .To the extent that the Agency
does not have adequate funds to pay the cost of the audit, the Members shall bear the cost of
any such deficiency equally.
Section 16.03. Inspection by Bondholders. All the books, records, accounts and files
referred to in this Section shall be open to the inspection of holders of the Bonds to the extent
and in the manner provided in any resolution or indenture providing for the issuance of Bonds.
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ARTICLE 17
DEFAULT AND REMEDIES
Section 17.01. Default If any Member shall default on any covenant contained in this
Agreement, such default shall not excuse the defaulting Member from fulfilling its obligations
under this Agreement and all Members shall continue to be liable for the performance of all
conditions and covenants of the Agreement.
Section 17.02. Enforcement of Agreement. The Members declare that this Agreement is
entered into for the benefit of the East Bay-Delta Housing & Finance Agency and grant to the
Agency the right to enforce,by whatever lawful means the Agency deems appropriate, all of the
obligations of each of the Members.
Section 17.03. Remedies CMMWAt ve. Each and all of the remedies given to the Agency
by this Agreement or by any law now or hereafter enacted are cumulative, and the exercise of
one right or remedy shall not impair the right of the Agency to exercise any or all other remedies.
ARTICLE 18
DEBTS AND LIABILITIES,INSURANCE AND INDEMNIFICATION
Section 18.01. debts and Liabilities. No Member shall be liable for any indebtedness
of the Agency except that which is consented to by his or her City Council or Board of
Supervisors. All persons dealing with or having a claim against the Agency are hereby notified
that no Member is liable for the debts of the Agency.
Section 18.02. ln=annce. The Board shall maintain appropriate insurance to protect
the Members from such liabilities and obligations. The cost of such insurance shall be paid by
the Agency to the extent sufficient funds are available therefor. To the extent that the Agency,
does not have sufficient funds available to maintain such insurance, the cost thereof shall be
borne equally by the Members.
Section 18.03. indemnification. Each of the Members shall defend,indemnify and hold
each of the other Members and the Agency harmless from any and all claims, losses, suits,
injuries, deaths, damages, costs and expenses (each, a "Claim'), including reasonable attorney
fees, arising from or as a result of (in whole or in part), any acts, errors or omissions of the
indemnifying Member or its officers, agents, servants, employees or contractors during the
course of carrying out this Agreement,to the extent of such indemnifying Member's negligence or
willful misconduct. The Agency shall defend, indemnify and hold harmless each of the
Members from any and all Claims,including reasonable attorney fees,arising from or as a result
of (in whole or in part), any acts, errors or omissions of the Agency or its officers, agents,
servants, employees or contractors, to the extent of the Agency's negligence or willful
misconduct. The indemnities granted under this Section shall extend to the officers, agents,
servants,employees and contractors of each indemnified party.
ARTICLE 19
MISCELLANEOUS PROVISIONS
Section 19.01. raii__iV. If any part, term, or provision of this Agreement is
determined by a court of law to be illegal or in conflict with any law of the State of California or
otherwise unenforceable, the validity of the remaining parts, terms or provisions shall not be
affected.
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Section 19.02. Binding Effect. This Agreement shall be binding upon and shall inure to
the benefit of the successors of the parties.
Section 19.03. Assign_rnent and Delegatiort. Except to the extent expressly provided in
this Agreement, a Member may not assign any right or delegate any obligation hereunder
without the consent of the Board.
Section 19.04. Amendment and Modification of the Agreement. This Agreement may
be amended by a supplemental agreement executed by all Members at any time (1) prior to the
issuance of Bonds, or (2) after the issuance of Bonds but subject to the conditions and
restrictions set forth in the resolution or resolutions authorizing the issuance of Bonds and in
any indenture. Additional Members may be added as parties to this Agreement by the
appropriate execution of a signature page, and no formal amendment or modification of this
Agreement shall be required to accomplish such purpose.
Section 19.05. Approvals. Whenever an approval is required by this Agreement,
unless the context'specifies otherwise,it shall be given by resolution duly and regularly adopted
by the City or County whose consent is required. Whenever an approval is required by the
Agency,it shall be by resolution duly and regularly adopted by the Board unless such approval
can be given by the administrative entity.
Section 19.06. Governing Law. This Agreement shall be governed by, and construed
under and in accordance with, the laws of the State of California.
Section 19.07. Counterparts. This Agreement may be executed in one or more
counterparts, and such counterparts, taken together, shall constitute but one and the same
Agreement.
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i-c
IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their respective
authorized officers.
Dated:
CITYO
OF
City Clerk Mayor
Approved as to form:
City Attorney
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IN WITNESS WHEREOF, the Members identified in Section 3.02 have caused this
Agreement to be executed as of the date set forth below by the signatures of their respective
authorized officers.
Dated: a
COUNTY OF CONTRA COSTA `
ATTESTED: Phil Batchelor, County
Chair Administrator and Clerk of the
Board of Supervisors
i3eputy
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