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411 <br /> FIRST AMENDMENT TO JQINT EXERCISE OF POWERS AGREEMENT <br /> This Agreement is dated June 18, 1996, and is between <br /> the City of Rancho Palos Verdes ("City") and the Rancho Palos <br /> Verdes Redevelopment Agency ("Agency") , referred to collectively <br /> as "the Parties". <br /> • <br /> RECITALS <br /> A. On September 4, 1990, the Parties entered into a <br /> Joint Exercise of Powers Agreement which created a Joint Powers <br /> Authority pursuant to state law for the purposes of implementing <br /> certain provisions of the Reimbursement and Settlement Agreement <br /> which was entered into by the City in connection with the <br /> settlement of the Horan litigation. <br /> B. The purpose of the creation of the Authority was to <br /> utilize certain funds paid pursuant to the Reimbursement and <br /> Settlement Agreement for the purpose of maintaining landslide <br /> abatement improvements constructed by Agency as provided in the <br /> Reimbursement and Settlement Agreement, excluding sewers. <br /> C. Section 8 of the Joint Exercise of Powers <br /> Agreement, as presentlydrafted, could be construed in a manner <br /> which is inconsistent with the terms of the Reimbursement and <br /> Settlement Agreement. Accordingly, it is necessary to amend that <br /> Section to ensure that it is fully consistent with the terms of <br /> the Reimbursement and Settlement Agreement. In addition, a <br /> revision to Section 12 also would eliminate potential confusion <br /> regarding the intent of that Section in light of other provisions <br /> of the Agreement. <br /> NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: <br /> Section i. Sections 8 and 12 of the Joint Exercise <br /> of Powers Agreement are hereby amended to read as follows: <br /> "Section 8. • , • • 0 • . . .N - 1 • I • ; • • I - . <br /> of Pgrsonnel, Equipin nt or Property. The Parties may make <br /> contributions from their respective treasuries in furtherance of <br /> any or all of the purposes set forth in this Agreement. The <br /> Parties may make payments of public moneys to defray the cost of <br /> any or all of such purposes. The Parties may make advances of <br /> public moneys for any or all of such purposes. Such advances <br /> shall be repaid as may be provided by separate agreement <br /> regarding advances which may be entered into between the <br /> Authority and the Party or Parties making such advance. Person- <br /> nel, equipment or property of any of the Parties to this <br /> Agreement may be used in lieu of other contributions or advances. <br /> The moneys may be paid to and disbursed bythe Authority, or by <br /> any or all of the Parties. <br /> The Authority may receive and dispose <br /> of moneys pursuant to and in furtherance of the Reimbursement and <br /> Settlement Agreement for the purposes set forth therein to <br /> maintain landslide abatement improvements constructed byAgency, <br /> enc g y' <br /> excluding sewers and excluding g improvements constructed on <br /> private property that are not owned by Agency, City or Authority. <br /> Y <br /> EXHIBIT "A" TO RESOL. NO. 96-48 <br /> PAGE 1 OF 2 <br />