HomeMy WebLinkAboutRA 009-2009 Main Street Amended Revitalization AgmtAMENDED AGREEMENT
FOR DOWNTOWN REVITALIZATION SERVICES
FOR FISCAL YEARS 2009-10 AND 2010-11
THIS AGREEMENT is made and entered into by and between the COMMUNITY
REDEVELOPMENT AGENCY of ATASCADERO, a public body, corporate and politic,
hereinafter called the "Agency", and ATASCADERO MAIN STREET, INC, a non-profit
mutual benefit corporation, hereinafter called "Main Street."
WHEREAS, The Agency desires to continue to revitalize the downtown area utilizing the
approach developed by the National Main Street Program, and
WHEREAS, The Agency continues to implement the Downtown Revitalization Plan with
community members and downtown stakeholders, and
WHEREAS, a primary goal of the Agency and Redevelopment Plan is the revitalization
of the downtown, and
WHEREAS, Main Street has been specifically created and organized to revitalize
downtown Atascadero utilizing the National Main Street approach,
NOW, THEREFORE, in consideration of the premises, covenants and promises
hereinafter set forth, the parties hereby agree as follows
1 Main Street shall conduct activities to implement the Annual Downtown Work Plan
established by the Agency
2 Main Street shall prepare an annual work plan to be submitted to the Agency Executive
Director for approval which implements the Agency's Annual Downtown Work Plan. The
work plan shall include a reporting of accomplishments of the preceding year This
agreement is intended to set forth the expectations of the Agency, nothing in this agreement
will limit Main Street from pursuing additional funding from other sources or initiating
additional projects or programs.
3 Agency shall pay Main Street $15,000 00 for services implementing this agreement for the
period January 1, 2010 to June 30, 2010 Payment shall be made to Main Street in August of
each year
4 Agency shall provide administrative support services to Main Street. Service levels and
performance, as it relates to Main Street, will be defined in a Memorandum of Understanding
between the Main Street Board of Directors and the Agency's Executive Director
5 This agreement shall become effective January 1, 2010 and shall continue in effect until June
30, 2010; provided, however, that this agreement shall be automatically renewed each year
hereafter, for periods of one year, commencing July 1 through June 30 of the succeeding
year, by action of the Agency Board of Directors budgeting funds as provided in Paragraph 4
hereof, and Main Street's acceptance thereof of said budget allocation.
6 In the event, in the opinion of the Agency Board of Directors, Main Street is not functioning
effectively, then Agency may give Main Street notice of this fact, specifying in detail the
alleged default or defaults, and Main Street must within 60 days correct said default or
defaults, or the provisions in this Agreement for financial sponsorship of Main Street may be
terminated by action of the Board of Directors.
7 This agreement may be amended or modified only by written agreement signed by both
parties, with the exception of the procedure outlined in Paragraph 4 Failure on the part of
either party to enforce any provision of this Agreement shall be construed as a waiver of the
right to compel enforcement of such provision or provisions
8 It is understood that the contractual relationship of Main Street to Agency is that of
independent contractor
9 Main Street agrees to keep all necessary books and records in connection with the services
performed under this Agreement, and agree to make them available to the Agency at all
reasonable times for audit purposes. Main Street furthermore agrees to provide, at no cost to
Agency, an annual financial report of Main Street's financial records
10 Main Street agrees to hold the Agency harmless from, and indemnify Agency for, any
liability or injury to any persons or damage to any property arising out of the performance of
activities under this Agreement by Main Street, the employees, officers or agents of Main
Street. Main Street shall provide a Certificate of Liability Insurance in the amount of
$1,000,000 naming the Agency as an additional insured within thirty (30) days of signing of
this Agreement.
IN WITNESS WHEREOF the parties hereto execute this Agreement in Atascadero, California,
this 24th day of November, 2009
APPROVED AS TO FORM.
v
Brian A. Pierik, City Attorney
ATTEST
lety- A0
Marcia McClure Torgerson, C' y Clerk
COMMUNITY REDEVELOPMENT
AGE Y of ATASCA ERO
B y.
Tom O'Malley, o Chairman
ATASCADERO MAIN STREET, INC