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1 <br />JOINT POWERS AGREEMENT <br />This Agreement, made and entered into as of the _____ day of _____________, 20__, by <br />and politic, and the City of ___________, <br />provides as follows: <br /> WHEREAS, the Port Authority has been engaged in governmental programs for <br />providing financing in the City of Saint Paul and in other areas of the State of Minnesota (the <br /> by making loans evidenced by various financing leases and loan agreements, and in the <br />process of operating these programs the Port Authority has developed a high degree of financial <br />expertise and strength; and <br /> WHEREAS, Minnesota Statutes, Sections 216C.435 and 216C.436 and Chapter 429 (the <br /> authorize the City to provide for the financing of the acquisition and construction or <br />installation of energy efficiency <br />properties located within the boundaries of the City through the use of special assessments; and <br /> WHEREAS, the Act authorizes the City to designate a local government unit other than <br />the City to implement the program under the Act on behalf of the City; and <br /> WHEREAS, the City has one or more projects within the boundaries of the City that have <br />Improvements in need of financing, and has adopted its Resolution No. _______ (a copy of <br />which is attached hereto as Exhibit A) to designate the Port Authority to implement and <br />administer a program on behalf of the City to finance such Improvements; and <br />WHEREAS, the Port Authority has created a program under the Act known as the <br />PACE OF MN <br />administering the activities described in the Act, and the Port Authority is willing to implement <br />and administer that program on behalf of the City as requested herein; and <br />WHEREAS, the City has expressed a desire to make energy improvement financing <br />programs of the kind managed by the Port Authority available for improvements of eligible <br />properties within its boundaries, including but not limited to the Energy Savings Partnership, <br />Trillion BTU (within the portion of the City served by Xcel Energy) and PACE OF MN, and a <br />joint powers agreement is required between the City and the Port Authority for PACE OF MN; <br />and <br /> WHEREAS, the Improvements will serve citizens of the City of Saint Paul and the City, <br />as well as Ramsey and ____________ Counties and the State of Minnesota. <br /> <br /> NOW THEREFORE, in consideration of the mutual covenants herein made, the parties to <br />this Agreement hereby agree as follows: <br />1 <br /> Revise as needed to reflect Host Jurisdiction. <br />9840817v6 <br />