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<br />AMENDMENT TO THE JOINT POWERS AGREEMENT <br />ADDING THE CITY OF SAN LEANDRO AS <br />AS AN ASSOCIATE MEMBER OF THE <br />WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS <br />TO PERMIT THE PROVISION OF PROPERTY ASSESSED <br />CLEAN ENERGY (PACE) PROGRAM SERVICES WITH <br />SUCH CITY <br /> <br />This Amendment to the Joint Powers Agreement (“JPA Amendment”) is made and <br />entered into on the ___day of _____, 2016, by City of San Leandro (“City”) and the <br />Western Riverside Council of Governments (“Authority”) (collectively the “Parties”). <br /> <br />RECITALS <br /> <br />WHEREAS, Authority is a joint exercise of powers authority established pursuant <br />to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California <br />(Section 6500 and following) (the “Joint Exercise of Powers Act”) and the Joint Power <br />Agreement entered into on April 1, 1991, as amended from time to time (the “Authority <br />JPA”); and <br /> <br />WHEREAS, as of October 1, 2012, Authority had 18 member entities (the <br />“Regular Members”); and <br /> <br />WHEREAS, Chapter 29 of the Improvement Act of 1911, being Division 7 of the <br />California Streets and Highways Code (“Chapter 29”) authorizes cities, counties, and <br />cities and counties to establish voluntary contractual assessment programs, commonly <br />referred to as a Property Assessed Clean Energy (“PACE”) program, to fund certain <br />renewable energy sources, energy and water efficiency improvements, and electric <br />vehicle charging infrastructure (the “Improvements”) that are permanently fixed to <br />residential, commercial, industrial, agricultural or other real property; and <br /> <br />WHEREAS, Authority intends to establish a PACE program to be known as the <br />“California HERO Program” pursuant to Chapter 29 as now enacted or as such <br />legislation may be amended hereafter, which will authorize the implementation of a <br />PACE financing program for cities and county throughout the state; and <br /> <br />WHEREAS, City desires to allow owners of property within its jurisdiction to <br />participate in the California HERO Program and to allow Authority to conduct <br />proceedings under Chapter 29 to finance Improvements to be installed on such <br />properties; and <br /> <br />WHEREAS, this JPA Amendment will permit City to become an Associate <br />Member of Authority and to participate in California HERO Program for the purpose of <br />facilitating the implementation of such program within the jurisdiction of City; and <br />