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ATTY/RESO.3015/CC HERO PROGRAM <br />REV: 9-12-14 PT <br />Page 5 of 9 <br />WHEREAS, the JPA Amendment sets forth the rights, obligations and duties of <br />City and Authority with respect to the implementation of the California HERO Program <br />within the incorporated territory of City. <br />MUTUAL UNDERSTANDINGS <br />NOW, THEREFORE, for and in consideration of the mutual covenants and <br />conditions hereinafter stated, the Parties hereto agree as follows: <br />A. JPA Amendment. <br />1. The Authority JPA. City agrees to the terms and conditions of the <br />Authority JPA, attached. <br />2. Associate Membership. By adoption of this JPA Amendment, City shall <br />become an Associate Member of Authority on the terms and conditions set forth herein <br />and in the Authority JPA and consistent with the requirements of the Joint Exercise of <br />Powers Act. The rights and obligations of City as an Associate Member are limited <br />solely to those terms and conditions expressly set forth in this JPA Amendment for the <br />purposes of implementing the California HERO Program within the incorporated territory <br />of City. Except as expressly provided for by the this JPA Amendment, City shall not <br />have any rights otherwise granted to Authority’s Regular Members by the Authority JPA, <br />including but not limited to the right to vote on matters before the Executive Committee <br />or the General Assembly, the right to amend or vote on amendments to the Authority <br />JPA, and the right to sit on committees or boards established under the Authority JPA or <br />by action of the Executive Committee or the General Assembly, including, without <br />limitation, the General Assembly and the Executive Committee. City shall not be <br />considered a member for purposes of Section 9.1 of the Authority JPA. <br />3. Rights of Authority. This JPA Amendment shall not be interpreted as <br />limiting or restricting the rights of Authority under the Authority JPA except with respect <br />to the implementation of the California HERO program within the City. Nothing in this <br />JPA Amendment is intended to alter or modify Authority Transportation Uniform <br />Mitigation Fee (TUMF) Program, the PACE Program administered by Authority within <br />the jurisdictions of its Regular Members, or any other programs administered now or in <br />the future by Authority, all as currently structured or subsequently amended. <br />B. Implementation of California HERO Program within City Jurisdiction. <br />1. Determination of Eligible Improvements. Authority shall determine the <br />types of distributed generation renewable energy sources, energy efficiency or water <br />conservation improvements, electric vehicle charging infrastructure or such other <br />improvements as may be authorized pursuant to Chapter 29 (the “Eligible <br />Improvements”) that will be eligible to be financed under the California HERO Program. <br />2. Establishment of California HERO Program. Authority may undertake <br />such proceedings pursuant to Chapter 29 as are legally necessary to enable Authority to <br />make contractual financing of Eligible Improvements available to eligible property <br />9.B. - Page 11