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HomeMy WebLinkAbout2001-018 Atascadero Main St. Park & Bus Imprv. CITY OF ATASCADERO CaaRACT�i Asa J AN AGREEMENT FOR ADMINISTRATION OF PARKING AND BUSINESS IMPROVEMENT AREA FUNDS THIS AGREEMENT is made and entered into between the CITY OF ATASCADERO, a municipal corporation, hereinafter called "City", and ATASCADERO MAIN STREET, INC., a California nonprofit mutual benefit corporation, hereinafter called"Association." WHEREAS, there was formed and established by City, pursuant to Ordinance No. 116, the "Atascadero Parking and Business Improvement Area of the City of Atascadero", pursuant to the Streets and Highways Code, and WHEREAS, under the terms of the said Ordinance, an additional charge is levied on businesses in the said Area for the purpose of: 1. Acquisition, construction, or maintenance of parking facilities for the benefit of the area. 2. Decoration of any public place in the area. 3. Promotion of public events which are to take place on or in public places in the area. 4. General promotion of business activities in the area. WHEREAS, such purpose can best be served by an organization having available the resources, expertise and time, and reflecting the said Area's point of view, so as to facilitate the planning for, and the day-to-day administration and implementation of the said Area's activities to effectively carry out the purposes of the Ordinance, and WHEREAS, the City finds that the Association best meets these qualifications, NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows: City of Ataseadero �14we *ft* An Agreement for Administration of Parking&Business Improvement Area Funds Page 2 1. City agrees that it will provide the Executive Officer or other designated officer of the Association with an estimate of anticipated receipts of the said tax expected to be collected from the Area. 2. Association agrees that, based on such estimate, it shall prepare and submit to the City Council, no later than June 1 of each year, a report pursuant to California Streets and Highways Code Section 36533 setting forth in general terms the planned activities, programs and events, and the estimated expenditures therefor, for the ensuing year. After acceptance of such report by the City Council, the City agrees to disburse said charge receipts from the "Atascadero Parking and Business Improvement Area Fund" to the Association as hereinafter set forth. 3. Association agrees that at the conclusion of the first year of its services hereunder, and thereafter, it will at the same time as it submits the aforesaid report to City Council, also submit a report to it describing in general terms its actual activities and expenditures during the preceding year. 4. Association agrees that it will use its best efforts to develop, implement, promote and administer programs within the purposes authorized by the said Ordinance for the benefit of the said Area and all businesses paying the said charge. 5. Pursuant to the terms of the said Ordinance, City shall collect the said charge at the same time and in the same manner as the general business operations tax, depositing such collections in a special fund to be known as "Atascadero Parking and Business Improvement Area Fund." Disbursements therefrom shall be made by City to Association annually on July 1 the full amount collected in the previous fiscal year. 6. Association represents and covenants that subject only to reasonable rules and regulations, membership in Association is open to any business in the Area paying the said charge. City of Atascadero An Agreement for Administration of Parking& Business Improvement Area Funds Page 3 7. Association agrees that it shall hold at least one meeting a year for the purpose of considering the proposed Area budget and the activities incident thereto, which shall be a public meeting open to representatives of all businesses in the Area paying the said charge. 8. Association agrees to keep all necessary books and records in connection with the services performed under this Agreement, and agrees to make them available to the City's Administrative Services Director or his/her designated representative at all reasonable times for audit purposes. Association furthermore agrees to provide, at no cost to City, an annual financial report of Association's financial records. 9. Association agrees to hold City harmless from, and indemnify City for, any liability or injury to any persons or damage to any property arising out of the performance of activities under this Agreement by the Association, the employees, officers or agents of Association. Association shall provide a Certificate of Liability Insurance in the amount of $1,000,000 naming the City of Atascadero as an additional insured within thirty (30) days of signing of this Agreement. 10. The City will provide, at no charge, facilities for the Main Street Board meetings on an as-needed basis in a City-owned building at the discretion of the City Manager. 11. The term of this Agreement shall be for one year from July 1, 2001 through June 30, 2002, and thereafter shall be automatically renewed for additional one- year terms unless one of the parties gives written notice to the other of its desire not to renew at least thirty (30) days before the end of the term. Provided, however, that the Agreement may be terminated by either party after sixty (60) days written notice to the other. In the event of such termination, Association shall account to the City Council, as under Paragraph 3 above, no later than thirty (30) days prior to the termination date, and simultaneously therewith remit to City any unexpended funds in its possession. City of Ataseadero 14rrP 11� An Agreement for Administration of Parking& Business Improvement Area Funds Page 4 IN WITNESS WHEREOF the parties hereto execute this Agreement in Atascadero, California, this 26th day of June, 2001. APPROVED AS TO FORM: CITY OF ATASCADERO M-6,— Roy anley, City Atto ey . Michael Arrambide, Mayor ATTEST: Marcia McClure Torgerson, City NLrk ATASCADERO MAIN STREET, INC. By: AkKKoberl, President ACORDr, CERTIFICA''^ OF LIABILITY INSURCE DATE PRODUCER 0 8/12/2002 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION California Meridian Ins. Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5806 Traffic Way HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Atascadero CA 93422- INSURERS AFFORDING COVERAGE INSURED INSURER A:ZURICH U.S. Atascadero Main Street, Inc. INSURER B.THE HARTFORD 5735 #K El Camino Real INSURER C: INSURER D: Atascadero CA 93422— INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INT R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MMIDD/YY DATE MMIDO/V LIMITS A GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X �ICLAJMSMADE MERCIAL GENERAL LIABILITY FIRE DAMAGE(An one fire $ 1,000,000 7XI OCCUR PAS38363561 07/02/2002 07/02/2003 MED EXP(Any one person S 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS-COMP/OPAGG S 2,000,000 17 POLICYF_j JECT LOC / / / / AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) S ALL OWNED AUTOS / / / / SCHEDULED AUTOS BODILY INJURY(Per person) $ HIRED AUTOS / / � / NON-OWNED AUTOS BODILY INJURY(Per accident) g PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO / OTHER THAN EA ACC S AUTO ONLY: qGG $ EXCESS LIABILITY / / / / EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ S DEDUCTIBLE / / / / $ RETENTION $ $ WORKERS AND MLORABT / / / / TORY LIMITS I I ER E.L EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE S E.L.DISEASE-POLICY LIMIT S OTHER `B DIRECTORS S OFFICERS PAS038363561 07/02/2002 07/02/2003 LZABILTY AGGREGATE 1,000,000 LIABILITY COVERAGE DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate holder is named as additional insured as resepcts the interest in the insured's business operations. CERTIFICATE HOLDER X ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT City of Atascadero FAILURE TO DO$O SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSUREj#,ITS AGENTS OR REPRESENTATIVES. 6500 Palma Ave. CAUTH ED REP E ATIVE Atascadero CA 93422- ACORD 25S(7/97) ©ACORD CORPORATION 1981 �rM INS025S(9910).01 ELECTRONIC LASER FORMS,INC.-(800)32 5 Page 1 of }; Y, t;•. ,...,. .t.r k• •:. , •.y' :x;.l;}:'r.}t'or`v'o-•+C}'w`.+,r:):rf+„i: OA7E pIWDpwyy).:. 2: i•:{{•ti{v:.:x..:xvnv.:::v::::nx:v:....:••.:•••••:xxx:.nv.n.xxxxx.. nn:?t•'r}::Y+:{•}:i:'•:i•}.;n:v:nv:::nxvv:•:ii\xvn::w...ti.vi4. .••••••••••nv:.•:... •r:nv::vn::::•v:.• ::v. 08 /16/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION California Meridian Ins. Serv. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5806 Traffic Way ALTER THE COVERAGE AFFORDED 13Y THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Atascadero CA 93422- COMPANY (805) 466-3400 A The Hartford/Twin City Fire Insurance Co. INSURED COMPANY Atascadero Main Street, Inc. B Zurich/Northern Insurance Company of New York 5814 Traffic Way COMPANY C Atascadero CA 93422- COMPANY D ....\v....\...n\......................... .................:n .•n+ ...n ... ...n.....n}v::'.;v:v {ri•.:v::....ntn:•:+ ....:n......:....n.........:..,..-..... r .. r.:.... 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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURIUICE POLICY D UMSER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE pNU MIM DATE(MM/DD/YY) B GENERAL LIABILITY GENERAL AGGREGATE s2,000,000 X COMMERCIAL GENERAL UAeIUTY PAS38363561 07/02/01 07/02/02 PRooucTs-COMP/OP AGG s2,000,000 CLAWMADEOCCUR PERSONAL&ADV INJURY $1,000,000 OWNERS&CONTRACTORS PROT EACH OCCURRENCE $1,000,000 FIRE DAMAGE(Any one ere) $1,000,000 MED EXP(Any one pwoon) $ 10,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT i ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS o e►P—) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTO PROPERTY DAMAGE $ BOE LIAMRM AUTO ONLY-EA ACCIDENT $ ....................................... ANY AUTO / / / / OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM / / / / AGGREGATE $ OTHER THAN UMBRELLA FORM $ ......................................:. WOWCERS COMPENSATION AND STATUTORY UMIT3 EMPLOYERS'LIABNITY / / I / EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ P OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ A OTHER DIRECTORS & OFFICERS NOA0003820 08/01/01 08/01/02 LIABILITY AGGREGATE 1,000,000 LIABILITY COVERAGE DESCRIPTION OF OPERATIONSAACA ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO THE OPERATIONS PERTAINING TO THE INSURED'S BUSINESS. ..................... : .. r.. .:.:.....{:.ni{, .i n4:...x-0C. ... O ... .\....::: f.....f,�.:::.f..n f.:::i::.:�. ....... .tv.{.\W0..... .v xf.{,4\.n .}. :•:4vr......: }n:. v:r:•nv::.xv..r.:.r n •.v\w.:.::::::::::i•:•}:•i'v:::•}:•}:•}::$ti:ii:'v::i::::i::::iii::j$$:{{<:::i::i'ri::i::$ii: : .:. :}m :.,:.:•v::v{•.vrnx:::rnrr{t:t{.}i:•:{v........\.........J. 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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE IWnRATNIN DATE THEREOF, THE Inum a COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF ATASCADERO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE No OBLIGATION OR LIABILITY 6500 PALMA AVENUE OF ANA KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, ATASCADERO CA 93422 AUREP17TATTVE ................................................................•:.•rrrr:::•:::.:•.,•::::::::::n.•:::::.:r:: ... .:::::::::::•::•::: •.}.}:•}:•}:•}:. •}•}:•}:•;:•}:•}:•;••,;},••,••}}:•}:.}•:.;•:::.::n•::::.;•::.}:,:,.:n.::::.:•:::::.,,,•::;:{n;{::::.}•.;•.::> 0 �Fu-Fr-,rT' CITY OF ATASCAD►ERO '�'g DDNDDhD l 191 r, 1979 r� July 17, 2009 Steve Martin Executive Director, Atascadero Main Street 6550 EI Camino Real Atascadero, CA 93422 Dear Mr. Martin: The City of Atascadero has an agreement with Atascadero Main Street entitled "An Agreement for Administration of Parking and Business Improvement Area Funds" for the management of the Atascadero Parking and Business Improvement Area pursuant to Section 3-11.09 of the Atascadero Municipal Code. The City Council has set the assessment within the District at $0.00 to provide for an economic stimulus program to downtown businesses. Therefore, no funds will be collected in the 2009-10 fiscal year or transmitted, and you are not required to render any services. Should you have any questions, please feel free to contact me at your convenience. Very truly yours, . "V ade G. inney City Manager 6907 EL CAMINO REAL ATASCADERO,CA 93422 (805)461-5000 FAX(805)461-7612