HomeMy WebLinkAboutRDA Agenda Packet 081203CITY OF A TASCADERO
COMMUNITY REDEVELOPMENT AGENCY
AGENDA
TUESDAY, AUGUST 12, 2003
6:30 P.M.
ROLL CALL: Chairperson Scalise
Vice Chairperson O'Malley
Board Member Luna
Board Member Clay
Board Member Pacas
APPROVAL OF AGENDA: Roll Call
COMMUNITY FORUM:
A. CONSENT CALENDAR:
1. Community Redevelopment Agency Minutes — June 24, 2003
■ Board Secretary recommendation: Board approve the Community
Redevelopment Agency minutes of June 24, 2003. [Board Secretary]
2. Community Redevelopment Agency Minutes — July 8, 2003
■ Board Secretary recommendation: Board approve the Community
Redevelopment Agency minutes of July 8, 2003. [Board Secretary]
3. Amendment to Development Agreement for 5980 Entrada Avenue
■ Fiscal impact: None
■ Staff recommendation: Board approve and authorize the Chairperson
to execute Amendment Number 1 to the Development Agreement
between the Community Redevelopment Agency of Atascadero and
Jean B. Seitz and Gerald Shipsey, owners of 5980 Entrada Avenue.
[Executive Director]
B. MANAGEMENT REPORT:
1. Collaborative Downtown Marketing Agreement - Carlton Hotel
Investments, LLC
■ Fiscal impact: None.
■ Staff recommendation: Board authorize the Executive Director to
execute an agreement between the Agency and Carlton Hotel
Investments, LLC for downtown marketing. [Executive Director]
C. EXECUTIVE DIRECTOR REPORT:
D. ADJOURNMENT:
CLOSED SESSION: (Immediately following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a. Conference with negotiator over real property. (Govt. Code §
54956.8)
Negotiator: City Manager Wade McKinney
Negotiating Party: Carlton Hotel, LLC
Property: APN#029-323-024
Negotiations will include price and/or terms of payment.
3. Adjourn
4. CLOSED SESSION REPORT
2
ITEM NUMBER: RA A-1
DATE: 08/12/2003
CITY OF ATASCADERO
COMMUNITY REDEVELOPMENT AGENCY
DRAFT MINUTES
TUESDAY, JUNE 24, 2003
6:30 P.M.
Chairperson Scalise called the meeting to order at 6:30 p.m.
ROLL CALL:
Present: Board Members Luna, Clay, Pacas, O'Malley and Chairperson
Scalise
Absent: None
Others Present: Board Secretary Marcia McClure Torgerson
Staff Present: Executive Director Wade McKinney, Deputy Executive Director
John Jansons, Assistant City Manager Brady Cherry, Police Chief
Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy
Hanley.
APPROVAL OF AGENDA:
MOTION: By Board Member Luna and seconded by Board Member Clay
to approve the agenda.
Motion passed 5:0 by a roll -call vote.
COMMUNITY FORUM: None
RDA 06/24/03
Page 1
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A. PUBLIC HEARING:
1. Oaeratina Budaet 2003-05
■ Fiscal impact: $979,870 (FY 2003-04), $595,150 (FY 2004-05)
■ Staff recommendation: Agency Board approve draft Resolution adopting budgets for
the 2003-2004 and 2004-2005 fiscal years and delegating to the Executive Director
authority to implement same. [Executive Director]
Executive Director Wade McKinney gave the staff report and answered questions of the
Board.
MOTION: By Vice Chairperson O'Malley and seconded by Board Member
Clay to accept the budget as submitted.
Motion passed 5:0 by a roll -call vote. (Resolution No. RA 2003-
003)
B. MANAGEMENT REPORT:
1. Downtown Revitalization Services Contract with Atascadero Main
Street, Inc. for Fiscal Year 2003-2004
• Fiscal impact: $58,000 from Redevelopment Agency General Fund.
■ Staff recommendation: Agency Board authorize the Chairperson to execute a
contract with Atascadero Main Street, Inc. for downtown revitalization services for
2003-2004 in the amount of $58,000. [Executive Director]
Deputy Executive Director John Jansons gave the staff report and answered questions
of the Board.
PUBLIC COMMENT
Muna Crista, President of Atascadero Main Street Board of Directors, announced that
Jennifer Felice has been selected as the new Main Street Executive Director. Ms.
Crista introduced Executive Director Felice to the Board.
Chairperson Scalise closed the Public Comment period.
MOTION: By Board Member Luna and seconded by Vice Chairperson
O'Malley to authorize the Chairperson to execute a contract
with Atascadero Main Street, Inc. for downtown revitalization
services for 2003-2004 in the amount of $58,000.
Motion passed 5:0 by a roll -call vote. (Contract No. RA 001-
2003)
C. EXECUTIVE DIRECTOR REPORT: None
RDA 06/24/03
2 Page 2
D. ADJOURNMENT:
Chairperson Scalise adjourned the meeting at 6:50 p.m.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
RDA 06124/03
Page 3
3
ITEM NUMBER: RA A-2
DATE: 08/12/2003
CITY OF A TASCADERO
COMMUNITY REDEVELOPMENT AGENCY
DRAFT MINUTES
TUESDAY, JULY 89 2003
6:30 P.M.
Chairperson Scalise called the meeting to order at 6:30 p.m.
ROLL CALL:
Present: Board Members Luna, Clay, Pacas, O'Malley and Chairperson
Scalise
Absent: None
Others Present: Board Secretary Marcia McClure Torgerson
Staff Present: Deputy Executive Director John Jansons, Assistant City Manager
Brady Cherry, Board Treasurer Rachelle Rickard, Community
Development Director Warren Frace, Technical Assistant Melanie
Whaley, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and
City Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Board Member Luna and seconded by Vice Chairperson
O'Malley to approve the agenda.
Motion passed 5:0 by a roll -call vote.
COMMUNITY FORUM: None
RDA 07/08/03
Page 1
S
ITEM NUMBER: RA A-2
DATE: 08/12/2003
A. CONSENT CALENDAR:
1. Community Redevelopment Agency Minutes — June 10, 2003
■ Board Secretary recommendation: Board approve the Community Redevelopment
Agency minutes of June 10, 2003. [Board Secretary]
PUBLIC COMMENT — None
MOTION: By Board Member Clay and seconded by Vice Chairperson
O'Malley to approve Item #A-1.
Motion passed 5:0 by a voice vote.
B. EXECUTIVE DIRECTOR REPORT:
Deputy Executive Director John Jansons gave the Board an update on recent events:
1) State of California failed to pass a budget on July 1 and the effect on future
Redevelopment Agency funding is up in the air,
2) Jennifer Felice, the new Executive Director for the Atascadero Main Street Program
started work last week,
3) Spencer's Market opened on June 24th and staff is working with the Chamber of
Commerce to coordinate a grand -opening ceremony,
4) Staff is working with the Chamber to develop economic development marketing items
and tourism marketing items for the benefit of the Atascadero business community,
5) At the Agency's August 12th meeting, staff will present a proposal for a collaborative
marketing program between the Redevelopment Agency and the Carlton Hotel, and
6) Staff will present a draft economic development strategy for the City at one of the
Agency's September meetings.
C. ADJOURNMENT:
Chairperson Scalise adjourned the meeting at 6:34 p.m.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, Board Secretary
RDA 07/08/03
5 Page 2
ITEM NUMBER: RA A-3
DATE: 08/12/2003
Community Redevelopment Agency of Atascadero
Staff Report - Executive Director
Amendment to Development Agreement for 5980 Entrada Avenue
RECOMMENDATION:
Board approve and authorize the Chairperson to execute Amendment Number 1 to the
Development Agreement between the Community Redevelopment Agency of
Atascadero and Jean B. Seitz and Gerald Shipsey, owners of 5980 Entrada Avenue.
DISCUSSION:
On August 13, 2002, the Community Redevelopment Agency of Atascadero ("Agency")
approved a Development Agreement with Jean B Seitz and Gerald Shipsey ("Owners")
for construction of replacement storage units at 5980 Entrada Avenue. The purpose of
this agreement was to construct a new storage building to replace an existing building
slated for demolition in order to facilitate the construction of the new downtown public
parking lot located between Traffic Way and Entrada Avenue.
By mutual consent of the Agency and the Owners, an amendment (Attachment 1) to
the Development Agreement (Attachment 2) is sought to construct four reserved
parking spaces for the benefit of the owners and tenants of 5980 Entrada Avenue in
lieu of the storage building.
FISCAL IMPACT: None.
ALTERNATIVE:
Do not authorize amendment of the agreement: This alternative is not recommended
ATTACHMENTS:
1. Draft Development Agreement Amendment 1
2. Development Agreement (Contract # RA002-2002) dated 08-13-02
L
ATTACHMENT 1
Amendment Number 1
Development Agreement for 5980 Entrada Avenue
The Development Agreement by and between the Community Redevelopment Agency of
Atascadero (Agency) and Gerald W. Shipsey and Jean B. Seitz (Owners) dated August 13, 2002,
shall be amended as follows:
All references pertaining to the construction of storage units at 5980 Entrada Avenue shall be
replaced with the following: "construct four off-street parking spaces for the exclusive use of the
owners, tenants and guests of 5980 Entrada Avenue Atascadero, CA (APN# 029-342-017)."
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
APPROVED AS TO FORM:
Bv:
Roy Hanley, City/Agency Counsel
ATTEST:
BY:
Marcia Torgerson, City/Agency Clerk
Date:
7
COMMUNITY REDEVELOPMENT
AGENCY of ATASCADERO
By:
Wendy Scalise, Chairperson
Date:
❑c
Name: Jean B. Seitz
DateK� Z(o Z_C
Name: Gerald W. Sh-se�f—I
Date:
PCITY OF ATASCADERIO
CONTRACT#.Z�
DEVELOPMENT AGREEMENT FOR STORAGE UNITS
AT 5980 ENTRADA AVENUE
This Agreement, ("Agreement") is made on 0 T 13 , 2002, by and between the
Community Redevelopment Agency of Atascadero Agency"), and Jean B. Seitz and Gerald W.
Shipsey Et Al ("Owner") for the replacement of storage units located at 5980 Entrada Avenue
APN# 029-342-017 ("Property").
RECITALS
WHEREAS, Jean B. Seitz and Gerald W. Shipsey Et Al own certain real property
located at 5980 Entrada Avenue in the City of Atascadero, County of San Luis Obispo, State of
California, legally described on Exhibit "A", attached hereto and made a part hereof; and
WHEREAS, the Community Redevelopment Agency of Atascadero ("Agency") the
Agency wishes to develop city -owned property for a public parking lot; and
WHEREAS, the Owner granted the City of Atascadero ("City") an easement to develop
the property on November 19, 1993; and
WHEREAS, existing storage units are located in the public right of way and need to be
removed for the development of a public parking lot; and
WHEREAS, the Agency agrees to construct new replacement storage units to the
owner's satisfaction on the property; and
WHERAS, design, permitting and construction of storage units will be at the sole
expense of the Agency,
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, and in exchange for good and valuable consideration, the receipt and adequacy,,
of which is hereby acknowledged, the parties hereto agree as follows:
TERMS
Agency hereby agrees to the following:
a. Prepare all documents, plans, and specifications; and
b. Obtain all necessary approvals and permits; and
c. Demolish and remove existing storage structure; and
d. Construct new storage units. per the attached plan (Exhibit B).
2. Term.
This agreement shall be in effect immediately following execution by all parties.
3. Termination.
This agreement may be terminated by either party with written notice or upon the
occurrence of any of the following conditions:
1. A material breach of this agreement by Owner or his/her agent which
the Agency, in its sole discretion, determines has not been cured:
2. An attempt to transfer this Agreement without approval of Agency;
9
4. Permitted Use.
Structure shall be used only for storage of household items and personal property
of Owner or resident(s) of 5980 Entrada Avenue.
Indemnification.
The Owner, for the duration of the construction of the storage units, shall defend,
pay, indemnify and hold harmless the Agency, its officers, officials, elected
officials, employees, agents, invitees, and volunteers (collectively "Agency
Parties") from all claims, suits, actions, damages, demands, costs or expenses of
any kind or nature by or in favor of anyone whomsoever and from and against
any and all costs and expenses, including without limitation court costs and
reasonable attorneys' fees, resulting from or in connection with loss of life,
bodily or personal injury or property damage arising directly or indirectly out of
or from or on account of any occurrence in, upon, at or from the Property or
occasioned wholly or in part by the Owner or their agent(s) entry, use or presence
upon the Property, except such loss or damage which was caused by the sole
negligence or willful misconduct of Agency.
6. Insurance.
The contractor(s) for the Agency shall procure and maintain for the duration of
the development of storage units, insurance against claims for injuries to persons
or property which may arise from, or in connection with the presence of the
Agency, its agents, representatives, officers, employees, agents or volunteers
upon the Property. The contractor for the Agency shall maintain General
Liability limits no less than One Million and no/100 Dollars ($1,000,000.00) per
occurrence for bodily injury, personal injury and property damage, and in the
sum of One Million and no/100 Dollars ($1,000,000.00) for injury to death or
more than one person for each occurrence. Each insurance policy shall name
Agency and Gerald W. Shipsey Et Al as an additional insured and it shall be
endorsed to state that: (i) coverage shall not be suspended, voided, or cancelled
by either party, or reduced in coverage or in limits except after thirty (3) calendar
days prior written notice by the Agency, insurance coverage shall be primary
insurance as respects the City Parties and any insurance or self-insurance
maintained by the City Parties shall be in excess of the Contractor's insurance
and shall not contribute with it. The insurance required to be provided herein,
shall be procured by an insurance company approved by City, which approval
shall not be unreasonably withheld.
Compliance with Law.
The Agency at its own cost and expense, shall comply with all statutes, ordinances,
regulations, and requirements of all governmental entities and applicable to its
development of the storage units on the Property, including but not limited to federal,
stated, county or municipal entities, whether those statues, ordinances, regulations, and
requirements are not in force or are subsequently enacted. If any license, permit or other
governmental authorization is required for the Owner's lawful use of the storage Units or
any portion thereof, the Agency shall assist Owner to procure and maintain such license,
permit and/or governmental authorization throughout the term of the License. .
Agency shall reasonably cooperate with the Owner, at no cost to the Owner, such that the
Owner can properly comply with this Section and be allowed to use the Property as
specified in Section 4 above.
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9
Integration.
This Agreement constitutes the entire agreement between the parties and supersedes any
and all other arguments, either oral or in writing, between the parties with respect to the
subject matter of this license.
9. Applicable Law and Venue.
The laws of the State of California shall govern the interpretation and enforcement of this
License. The parties herby consent to venue in the San Luis Obispo County (for judicial
actions instituted under California law) or in the Eastern District of California (for
judicial actions instituted under federal law).
10. Modification.
This Agreement may be amended by mutual agreement of the parties. Such amendments
shall only effective if incorporated in written amendments to this Agreement and
executed by duly authorized representatives of the parties.
11. Unenforceable Provisions.
If any provision of this Agreement is declared or determined by any court of competent
jurisdiction to be illegal, invalid or unenforceable, the legality, validity or enforceability
of the remaining portions hereof shall not, in any way, be affected or impaired thereby.
14. Authority.
1. The Owner represents and warrants that this Agreement has been duly authorized
and executed by the Owner and that this Agreement is a legal, valid and binding
obligation of the Owner and is enforceable in accordance with its respective
terms.
2. The Agency represents and warrants that this Agreement has been duly
authorized and executed by the Agency and that the Agreement is a legal, valid
and binding obligation of the Agency and is enforceable in accordance with its
respective terms; and:
15. Counterparts.
This Agreement may be executed simultaneously or in any number of counterparts, each
of which shall be deemed an original, but all of which together shall constituted one of
the same Agreement.
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10
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
COMM", ITY REDEVELOPMENT
AGEN f ATASC RO
By: �r-�✓
George L a, Chairman
Community Redevelopment
Agency of Atascadero
Date:
APPR WED AS TO FORIVI-
Bv: (UL -1 �
Roy Han y Counsel
Date:
ATTEST:
B Ow �t+-'
Marcia Torgerson, City Clerk
Date:
-4-
11
Nama tfean B. Seitz
Title:tJ Owner
Date: 7 — '� V
Bv: Sz Uj
Name: Gerald W. Shipsey
Title: Owner
Date: 7--
-4-
a 1
ITEM NUMBER: RA B-1
DATE: 08/12/2003
Community Redevelopment Agency of Atascadero
Staff Report - Executive Director
Collaborative Downtown Marketing Agreement
Carlton Hotel Investments, LLC
RECOMMENDATION:
Board authorize the Executive Director to execute an agreement between the Agency
and Carlton Hotel Investments, LLC for downtown marketing.
DISCUSSION:
Since 2001, the Community Redevelopment Agency (Agency) and the Carlton Hotel
LLC (Carlton) have discussed a mutual desire to promote downtown Atascadero and
the new Carlton Hotel to tourists and visitors as part of the downtown revitalization
effort.
In response to a request from the ownership group, Agency staff and Carlton
management have developed a collaborative marketing program (Attachment 1) that
will consist of the construction and use of three freeway billboards to promote the
Carlton Hotel, the City's downtown district, local community events, and the local
business community.
Under the proposed agreement, the Agency would be provided advertising space on
one side of each of the proposed billboards at no cost to the Agency for an initial period
of 15 years. The approximate size of the advertising space would be 120 square feet
(40 X 3) on each billboard and would amount to approximately 1/5 of the total
advertising area. Research by staff indicated that the total advertising space provided
at no charge to the Agency/City, by the Carlton Hotel LLC, has an estimated value of
$1,000 per month. The estimated cost of construction of each billboard is $60,000 that
will be solely borne by the Carlton Hotel LLC.
The agreement contains provisions that can cause the billboards to be
removed/demolished should the Carlton Hotel fail to be completed, fail to open and
operate, or close and remain closed for a period lasting longer than six months. The
12
ITEM NUMBER: RA B-1
DATE: 08/12/2003
right to use and maintain the billboards are concurrent with ownership of the Carlton
Hotel and shall be transferred to a new owner should the hotel be sold as long as the
hotel continues as an ongoing concern. Permission to own and operate the billboards
may not be severed from the ownership and operation of the Carlton Hotel.
Research shows that the proposed freeway billboards could be a valuable tool to
market the new hotel and the community to U.S. Highway 101 travelers as part of a
larger marketing campaign including travel magazines and guides, newspapers, radio,
television, Internet, and travel agents and authors to build brand awareness and
publicity for both the Carlton Hotel and Atascadero.
Pursuant to the California Environmental Quality Act (CEQA), an environmental review
was performed on the proposed project and a Mitigated Negative Declaration was
proposed. The Mitigated Negative Declaration has been available for public review
from 07/24/03 to 08/12/03 at 6500 Palma Ave, in the Community Development
Department.
The Atascadero Chamber of Commerce and the Atascadero Main Street Organization
support the proposed collaborative marketing agreement.
FISCAL IMPACT: None.
ALTERNATIVE:
Approve an amended version of the Agreement
ATTACHMENT:
Draft Collaborative Marketing Agreement
13
Community Redevelopment
Agency of Atascadero
Contract
MARKETING AGREEMENT FOR DOWNTOWN ATASCADERO
and CITY OF ATASCADERO BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY OF ATASCADERO AND
CARLTON HOTEL INVESTMENTS, LLC.
This Agreement, ("Agreement") is made on , 2003, by and
between the Community Redevelopment Agency of Atascadero ("Agency"), and Carlton
Hotel Investments, LLC, a California Limited Liability Company ("Carlton Hotel").
1. The term of this Agreement shall be for a period of fifteen (15) years, commencing on
, 2003 (the "Initial Term"). Carlton Hotel shall have the option to
extend the Initial Term for two (2) successive terms of seven (7) years each.
A. Termination: This Agreement may be terminated prior to the end of the then
existing term as follows:
1. Upon the Carlton Hotel ceasing operation, unless this
Agreement is extended by mutual agreement of the parties;
2. Upon loss of State entitlements for Billboards one (1), two
(2) and three (3) and the subsequent removal or dismantling
of the above referenced billboards.
3. Termination of this Agreement shall be accompanied by
removal of billboard display materials promoting Downtown
Atascadero and the City of Atascadero.
2. Agency appoints and designates Carlton Hotel as its agent to market Downtown
Atascadero and City of Atascadero through the use of three (3) -highway
advertising billboards within the city limits of the City of Atascadero.
14
Community Redevelopment
Agency of Atascadero
Contract
3. Carlton Hotel, at its sole expense, shall obtain appropriate sites, obtain all
entitlements including but not limited to State and local permits, and provide for
the construction, maintenance and ownership and/or leasehold of three highway -
advertising billboards as described below:
A. Billboard #1 (Exhibit A) shall be constructed on property located at 2600 El
Camino Real located east of State Highway 101. The billboard sign faces shall
be a maximum of fourteen (14) feet in height, forty (40) feet in width, and the
structure shall be a maximum of thirty-five (35) feet in height. The
southbound sign face pursuant to Section 3.E below, shall contain a display
promoting the Carlton Hotel. The southbound face shall also include an
"extension/tag-on sign" to promote Downtown Atascadero and/or City of
Atascadero. Dimensions for the "extension/tag-on sign" shall be forty feet
wide by three feet high (40'x 3'). The northbound sign face shall be leased by
the owner for advertising pursuant to Section 3 .G of this Agreement.
B. Billboard 92 (Exhibit B) shall be constructed along State Highway 101 in the
southerly portion of the City on property located at 8981 La Linia Street. The
billboard sign faces shall be a maximum of fourteen (14) feet in height, forty
(40) feet in width, and the structure a maximum of thirty-five (35) feet in
height. The northbound sign face shall contain a display promoting the
Carlton Hotel. The northbound face shall also include an "extension/tag-on
sign" to promote Downtown Atascadero and/or City of Atascadero.
Dimensions for the "extension/tag-on sign" shall be forty feet wide by three
feet high (40'x 3'). The southbound sign face may be leased by the owner for
advertising pursuant to Section 3.G of this Agreement.
C. Billboard #3 (Exhibit C) shall be constructed along State Highway 101 in the
northern portion of the City on property located at 1516 El Camino Real east
of Highway 101. The billboard sign faces shall be a maximum of fourteen
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15
Community Redevelopment
Agency of Atascadero
Contract
(14) feet in height, forty (40) feet in width, and the structure a maximum of
thirty-five (35) feet in height. The southbound sign face shall contain a
display promoting the Carlton Hotel. The southbound sign face shall also
include an "extension/tag-on sign" to promote Downtown Atascadero and/or
City of Atascadero. Dimensions for the city "extension/tag-on sign" shall be
forty feet wide by three feet high (40'x 3'). The northbound sign face may be
leased by the owner for advertising pursuant to Section 3.G of this Agreement.
D. The sign faces shall be maintained at all times in good condition, reasonable
wear and tear excepted, by Carlton Hotel at its sole expense and Carlton Hotel
shall change the signs and "extension/tag-on" signs periodically at its sole
expense. "Extension/tag-on" signs, if requested by Agency, shall be changed
no less than 4 times a year, and no more than 8 times a year to promote
Downtown Atascadero or City of Atascadero events and marketing
campaigns.
E. Carlton Hotel agrees not to allow any advertising of Tobacco, Pornography,
Profanity, and Alcoholic Beverages (except Wine, Winery Tasting Rooms or
Vineyards) on any sign face.
F. Any illumination of signs shall be installed under the sign, diverted upward
and shall be confined to the billboard face(s) and shall not cause any glare to
vehicular traffic or other properties. Illumination systems shall be kept in
good working order at all times for dusk -to -dawn illumination.
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16
Community Redevelopment
Agency of Atascadero
Contract
G. Prior to issuance of sign permits, Carlton Hotel shall provide certificates of
site control and consent by the owners of all sites to the termination provisions
of this agreement. The owners shall agree that they will be estopped from
asserting any right to maintain the billboards in the event of any default
described in paragraph 10 below.
4. Carlton Hotel shall not assign or transfer any interest in this contract whether by
assignment or novation, to any person without the prior express written consent of
Agency, which consent shall not be unreasonably withheld, conditioned or
delayed.
5. Carlton shall indemnify, defend, and hold harmless the Agency, its officers,
officials, agents and employees from and against any and all claims, damages,
liability costs, losses, and expenses including without limitation to court costs and
reasonable attorney's fees arising out of or in connection with the Carlton Hotel's
negligent performance of work here under or its negligent failure to comply with
any of its obligations contained in this Agreement, except for any loss or damage
which was caused by the negligence or willful misconduct of the Agency.
6. This Agreement may be amended only by a writing signed by each of the parties.
7. If any term or provision hereof shall be held invalid or unenforceable, the
remainder of this Agreement and any application of the terms and provisions
thereof shall not be affected thereby, but shall be valid and enforceable.
8. The waiver of any breach of any of the provisions of this Agreement by Agency
shall not be a continuing waiver or a waiver of any subsequent breach by Carlton
Hotel either of the same or any other provisions of this Agreement.
9. Time is of the essence of this Agreement
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17
Community Redevelopment
Agency of Atascadero
Contract
10. The express permission of the Community Redevelopment Agency of Atascadero
and the City of Atascadero for CARLTON Hotel Investments LLC to own,
operate and lease the aforementioned billboards is immediately revocable upon
any of the following events:
A. Failure by CARLTON Hotel Investments LLC to complete
construction of hotel project by December 31, 2004,
B. Failure to open and operate hotel by April 30, 2005, or
C. Closure of hotel, after opening, lasting longer than 6 months.
11. Miscellaneous Provisions:
A. The Carlton Hotel shall designate a project manager who at all
times shall represent the Carlton Hotel before the Agency on all matters relating
to this Agreement.
B. The Carlton Hotel shall keep itself fully informed of, shall observe
and comply with, and shall use reasonable efforts to cause any and all persons,
firms or corporations employed by it or under its control to observe and comply
with, applicable federal, state, county and municipal laws, ordinances,
regulations, orders and decrees which in any material manner affect those
engaged or employed on the work described by this Agreement or the materials
used or which in any way affect the conduct of the work.
C. Carlton Hotel shall not engage in unlawful employment
discrimination, which in any manner affect those engaged or employed on the
work described by this agreement. Such unlawful employment discrimination
includes, but is not limited to, employment discrimination based upon a person's
race, religious creed, color, national origin, ancestry, physical handicap, medical
condition, marital status, gender, citizenship or sexual orientation.
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Community Redevelopment
Agency of Atascadero
Contract
D. This Contract shall be interpreted and governed by the laws of the
State of California. Any action arising out of this Contract shall be brought in San
Luis Obispo County, California, regardless of where else venue may lie.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
COMMUNITY REDEVELOPMENT
AGENCY of ATASCADERO
By:
Wade G. McKinney, Executive Director
Date:
APPROVED AS TO FORM:
Roy Hanley, City/Agency Counsel
ATTEST:
By:
Marcia Torgerson, City Clerk
-6-
CARLTON Hotel Investments, LLC
Californ' Limited Liab' t ompany
By. �,
Title:
Date:
EXHIBIT A
Billboard # 1
• Site Location
• Site Address
• Site Map
• Site Photo(s)
• Renderings of Typical Sign Faces
20
Exhibit A
Billboard #1
Highway 101 - East line
2000 Feet South of Del Rio
The Fence Factory Property
2650 El Camino Real
North and South Facing
14x 40 ft
Illuminated
El Camino Real
E
2000 ft .
-- HWY 101 Northbound '-"--"-""----
-------------------------
- HWY 101 Southbound -"-"-------------
21
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E+ xhibit A
Billboard # 1 - View from forth
Highway 101
Eastline
2000 ft South of Del Rio
North & South Facing
14 x 40 ft Board
Plus 3 x 40 ft Banner
Max. 35 ft height
Illuminated.
Location:
The Fence Factory
2650 El Camino Real
Atascadero
The Carlton Traffic Way
San Anselrno Rd
S
101
Del Rio
North Face
—► 40 feet _
Downtown
Ata ser"tltero
14 ft
3i,, & Restaurants
3 ft Colony days "Celebrate Atascadero" Oct. 13 to 17 J
Sample only - Design subject to change gyp_
4 foot diameter
post
22
Exhibit A
Billboard # 1 - View from South
Highw4y 101
Eastline
2000 ft South of Del Rio
North & South Facing
14 x 40 ft Board
Plus 3 x 40 ft Banner
Max. 35 ft height
Illuminated
Location:
The Fence Factory
2650 El Camino Real
Atascadero
3 ft I Return to Atascadero and visit Charles Paddock Zoo
4 foot diameter
post
23
Sample only - Advertising will change
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EXHIBIT B
Billboard # 2
• Site Location
• Site Address
• Site Map
• Site Photo(s)
• Renderings of Typical Sign Faces
26
Exhibit B
Billboard #2
Highway 101 - East line
North of Santa Rosa Road
Atascadero Saw Shop
8981 La Linia Street
North and South Facing
14x40ft
Illuminated
El Camino Real
898(1 La Linia Street
-------------------------- HWY 101 Northbound --------------------
--------------------------- HWY
----------------------------------------------HWY 101 Southbound --------------------
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Exhibit B
Billboard # 2 - View from South
Wk. ;A
HighwU 101
Eastline
North of Santa Rosa Rd
North & South Facing
14 x 40 ft Board
Plus 3 x 40 ft Banner
Max. 35 ft height
Illuminated
Location:
Atascadero Saw Shop
8981 La Linia Sreet
Atascadero
South Face 40 feet
Downtown
Atascadero
14 ft
r c :r#� T` & Restaurants
3 f 1 Colony Days "Celebrate Atascadero" Oct. 13 to 17
4 foot diameter
post
Sample only - Design subject to change
Exhibit B
Billboard # 2 - View from North
ami
Highway 101
Eastline
North of Santa Rosa Rd
North & South Facing
14 x 40 ft Board
Plus 3 x 40 ft Banner
Max. 35 ft height
Illuminated
Location:
Atascadero Saw Shop
8981 La Linia Sreet
Atascadero
North Face
40 feet
Atascadero
LARGEST
NORTH
SELECTION
COUNTY'S
OF
No 1"'`"
TRUCKS
14 ft
FORD
IN
DEALER `'
sLo
COUNTY
DelRio
Camino Real
3 ft
Return to Ataseadero's Wine festival -
June 18 - 20
Sample only - Advertising will change
29
Santa Rosa Road
4 foot diameter
post
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EXHIBIT C
Billboard # 3
• Site Location
• Site Address
• Site Map
• Site Photo(s)
• Renderings of Typical Sign Faces
W
Exhibit C
Billboard #3
Highway 101 - East line
2000 Feet North of Del Rio
The Elks Property
1516 El Camino Real
North and South Facing
14x40ft
Illuminated
El Camino Real
� 2000 ft �—
---------------------------HWY 101 Northbownd----------------1
-------------------------- HWY 101 Southbound --------------------1
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33
Exhibit C
Billboard # 3 - View from North
Highway 101
Eastline
2000 f1 North of Del Rio
North & South Facing
14 x 40 ft Board
Plus 3 x 40 ft Banner
Max. 35 ft height
Illuminated.
North Face
Location:
The Elks Property
1516 El Camino Real
Atascadero
40 feet
Del Rio
Downtown
AMSC ad ero
14 ft
T ca) r D', ^ z &. Restaurants
3 f Colony Days "Celebrate Atascadero' Oct. 13 to 17
Sample only - Design subject to change
34
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Ti
Zll
Highway 101
Eastline
2000 f1 North of Del Rio
North & South Facing
14 x 40 ft Board
Plus 3 x 40 ft Banner
Max. 35 ft height
Illuminated.
North Face
Location:
The Elks Property
1516 El Camino Real
Atascadero
40 feet
Del Rio
Downtown
AMSC ad ero
14 ft
T ca) r D', ^ z &. Restaurants
3 f Colony Days "Celebrate Atascadero' Oct. 13 to 17
Sample only - Design subject to change
34
Exhibit C
Billboard # 3 - View from South
Highway 101
Eastline
2000 ft North of Del Rio
North & South Facing
14 x 40 ft Board
Plus 3 x 40 ft Banner
Max. 35 ft height
Illuminated
14ft
3
35
Location:
The Elks Property
1516 El Camino Real
Atascadero
South Face - 40 feet
Return to Atascadero and visit Charles Paddock Zoo
Sample only - Advertising will change
t
Return to Atascadero and visit Charles Paddock Zoo
Sample only - Advertising will change
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