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RES-2017-060RESOLUTION NO. 2017-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING THE COMMUNITY CENTER AUTHORITY AGREEMENT AND RESCINDING RESOLUTION 65R-199. WHEREAS, the Community Center Authority ("Authority") was duly created and established pursuant to a joint exercise of powers agreement between the City of Anaheim ("City") and the Anaheim Union High School District ("District") entered into as of March 1, 1965, by the City and District pursuant to Articles 1 and 2 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended and supplemented, as such Agreement has been amended as of June 1, 1965, and as of June 1, 1972 (the "JPA Agreement"); and WHEREAS, the Authority was created for the construction, maintenance and operation of the Anaheim Convention Center, providing for the use of the facility by City and District; and WHEREAS, the JPA Agreement provides that the JPA Agreement shall continue for a period of forty (40) years, or until such time as all revenue bonds issued by the Authority ('Bonds") have been paid or provisions have been made for the payment therefore; and WHEREAS, the Bonds and existing debt of the Authority have been paid off and there is no longer any debt of the Authority outstanding; and WHEREAS, the Authority has no assets and no existing contractual obligations, and is not a party in any pending litigation; and WHEREAS, the City Council desires to terminate the JPA Agreement and dissolve the Authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that: 1. The JPA Agreement between the City and the District shall be terminated upon the Effective Date of the Termination Agreement, attached hereto as Exhibit A and incorporated herein. 2. Upon termination of the JPA Agreement, the Community Center Authority shall cease to exist. 3. The City Clerk shall notify the Secretary of State that the JPA Agreement has terminated and that the Authority has ceased to exist, and shall provide copies of this Resolution along with such notifications. 4. The Executive Director of Convention, Sports and Entertainment, or designee, is hereby authorized to take any and all actions necessary to terminate the JPA and dissolve the Authority. BE IT FURTHER RESOLVED that Resolution No. 65R-199 shall be rescinded upon the operative date of this Resolution. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4th day of April_, 2017, by the following roll call vote: AYES: Mayor Pro Tem Vanderbilt and Council Members Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: Mayor Tait and Council Member Murray ABSTAIN: None AT ST: CITY CLERK OF THE CITY Of ANAHEIM 121706 2 CITY OF YOR OF THE CITY OF ANAHEIM JPA TERMINATION AGREEMENT This JPA TERIMATION AGREEMENT (the "Agreement") is entered into as of 2017, between the City of Anaheim (hereinafter "City"), a chartered city and municipal corporation duly organized and existing under the laws and Constitution of the State of California, and the ANAHEIM UNION HIGH SCHOOL DISTRICT (hereinafter "District"), California public school district WITNESSETH WHEREAS, the Community Center Authority ("Authority") was duly created and established pursuant to a joint exercise of powers agreement between the City and the District entered into as of March 1, 1965, by the City and District pursuant to Articles 1 and 2 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended and supplemented, as such Agreement has been amended as of June 1, 1965, and as of June 1, 1972 (the "JPA Agreement"); and WHEREAS, the Authority was created for the construction, maintenance and operation of the Anaheim Convention Center, providing for the use of the facility by City and District; and WHEREAS, the JPA Agreement provides that the JPA Agreement shall continue for a period of forty (40) years, or until such time as all revenue bonds issued by the Authority ('Bonds") have been paid or provisions have been made for the payment therefore; and WHEREAS, the Bonds and existing debt of the authority have been paid off and there is no longer any debt of the Authority outstanding; and WHEREAS, the Authority has no assets and no existing contractual obligations, and is not a party in any pending litigation; and WHEREAS, the City and District propose hereby to terminate the JPA Agreement and dissolve the Authority. NOW, THEREFORE, the City and District hereby agree as follows: 1. The City and the District hereby terminate the JPA Agreement and agree that the JPA Agreement shall be for all purposes of no further force and effect. 2. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 3. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute on and the same instrument. The signature page of any counterpart may be removed there from and attached to any other counterpart to evidence execution therefor by all of the parties hereto without affecting the validity thereof. 4. The Effective Date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. DATE OF EXECUTION: ATTEST: City Clerk of the City of Anaheim DATE OF EXECUTION: CITY OF ANAHEIM, a municipal corporation Mayor of the City of Anaheim "ANAHEIM" ANAHEIM UNION HIGH SCHOOL DISTRICT, a California public school district an Printed Name Title APPROVED AS TO FORM: KRISTIN A. PELLETIER, ACTING CITY ATTORNEY IM Bryn M. Morley Deputy City Attorney Date "CONTRACTOR" CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-060 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 4th day of April, 2017 by the following vote of the members thereof: AYES: Mayor Pro Tem Vanderbilt, and Council Members Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: Mayor Tait and Council Member Murray IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of April, 2017. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)