Project Operating Agmt 02012011 - Laserfiche WebLink

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EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY PROJECT OPERATING AGREEMENT This PROJECT OPERATING AGREEMENT the Operating Agreement made and entered into as of Fe b rtA i v yy 2010 the Effective Date is by and between the East Bay Regional Cornmunicati6ns System Authority a joint exercise of powers authority organized and existing under and by virtue of the laws of the State of California the Authority and the public agency set forth on the signature page hereof the User WITNESSETH WHEREAS the Authority is ajoint exercise of powers authority duly organized and existing under the provisions of Articles I through 4 commencing with Section 6500 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California the Act formed by the local agencies the Members that are signatories to a Joint Exercise of Powers Agreement dated as of September 11 2007 the JPA Agreement and is authorized pursuant to Article 4 of the Act the Bond Law to borrow money for the purpose of paying the cost of public capital improvements within the State of California including a P25 compliant or equivalent communications system serving Alameda and Contra Costa Counties and individual political jurisdictions therein as further described in Exhibit B hereto the Project and WHEREAS User and the Authority propose to enter into this Operating Agreement whereby the Authority will own and operate the Project for the benefit of the User and other users of the Project collectively the Users which other Users will execute operating agreements similar to this one collectively the Operating Agreements and the Users will pay pursuant to user fees a portion of the cost of the Project consisting of a buy in cost based on the number of radios in use in the Project the Initial Payments the cost of the Project the Service Payments and the cost of annual operation the Operating Payments Service Payments and Operating Payments are referred to herein collectively as the User Payments and WHEREAS the Authority will issue its revenue bonds the Bonds pursuant to a trust agreement for the purpose of providing money to acquire the Project and WHEREAS Users may elect to prepay the Service Payment component of the User Payments prior to issuance of the Bonds thereby reducing the amount of Bonds required to be issued and WHEREAS the Bonds are to be secured by a pledge of and first lien on the Service Payments to the extent received by the Authority from the Users pursuant to Operating Agreements executed by each of them which Service Payments are anticipated to be sufficient in time and amount to pay the principal of and interest on the Bonds and WHEREAS this Operating Agreement is intended to establish a means of providing the User Payments and ensuring the sound operation of the Project and is not in itself an approval of the Project or the grant of any land use entitlement to develop the Project and 1 Project Operating Agreement 11 17 10 City Attorney Group