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10-1019_CHAMBER OF COMMERCE, SJC_Funding Agreement FUNDING AGREEMENT San Juan Capistrano Chamber of Commerce THIS AGREEMENT is made and entered into this 19st day of October 2010, by and between the City of San Juan Capistrano, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the San Juan Capistrano Chamber of Commerce, a California non-profit corporation (hereinafter referred to as "Chamber"). WITNESSETH: WHEREAS, City and Chamber are mutually desirous of promoting the community's advantages and disseminating information relative thereto during the period July 1, 2010 — June 30, 2011; and, WHEREAS, the Chamber has knowledge, experience and facilities for disseminating information that the City would otherwise be called upon to produce in the absence of a Chamber, and, WHEREAS, the Chamber, for many years, has provided promotional programs for the development and improvement of local commerce, and has demonstrated the ability to properly follow-up and give consideration to inquiries made relative to the various activities of the City; and, WHEREAS, the success of the City and Chamber in meeting their respective goals is best served by full communications and coordinated activities; and, WHEREAS, such activities are recognized by law and the City Council of the City as being in the public interest and serving a public purpose. NOW, THEREFORE, in consideration of the premises and the covenants and condition hereinafter set forth, City and Chamber agree as follows: SECTION 1. Activities to be Funded. Chamber agrees to diligently advertise and promote the community of San Juan Capistrano in such a manner as to attract worthwhile business enterprises, which will enhance the general welfare and well being of the citizens. Consistent with this purpose, Chamber agrees to do the following, among other things: A. Maintain s uitable quarters and employ competent personnel in a public office within the business area of the City, easily accessible and fully equipped for the purpose of disseminating information, answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than six hours a day, except Saturday, Sunday and holidays (if City requests other times City agrees to fund staffing for such additional times). During the term of this agreement the Chamber of Commerce may occupy quarters in the City facility as identified and outlined in Exhibit "A" in compliance with this agreement; and, Page I of 6 B. Obtain and make available such statistics and data relating to the community of San Juan Capistrano as may be appropriate for reference by the public, the City and Chamber members; and, C. Work to coordinate activities of mutual community interest with City officials and staff; and, D. Provide information and assistance to individual business members with respect to promotion and advertising for the purpose of enhancing the business image and encourage business patronage; and, E. Serve to receive an d respond to written and verbal inquiries regarding residential, commercial, industrial, tourist and business matters as they relate to the City. SECTION 2. Reports, A. Quarterly Reports, The Chamber will provide the City with quarterly reports (based on Chamber's fiscal year) setting forth the receipt and disbursement of funds consistent with Chamber record keeping and accounting and identifying expenditure of those funds received from the City. The reports will include a summary of accomplishments achieved during the reporting period. Reports will be due 15 days from the quarter's end. B. Annual Report. The Chamber shall also present an Annual Report to the City as of 15 days after the close of the Chamber's fiscal year with a summary of prior year's activities, a list of officers and board members and a copy of the annual financial statements as prepared at that time. The Chamber shall also maintain and update a budget and a copy of the then active budget shall be included. The Annual Report may be presented at the time and in lieu of a quarterly report for the end of the fourth quarter. Timely receipt is a condition of continued funding by the City. SECTION 3. State of the City Breakfast, Luncheon or Dinner The Chamber will develop either one business breakfast, or a luncheon, or a dinner that features a discussion on the "State of the City". The event will occur in the first quarter of each calendar year. The event should bring together the business community and political leaders, providing an opportunity for interaction between business and among business people and elected officials. The Chamber will provide a written plan for the "State of the City" event to the City by November 1, 2010. SECTION 4. City Funding. City agrees to disburse to Chamber $25,000.00 annually for fiscal year 2010-2011 based on City's fiscal year (July 1 — June 30). Payments shall be made monthly upon receipt of invoice from Chamber for $2,083.33. SECTION 5. Use of City Funding for Political Purposes Prohibited. Funds provided by the City shall not be used for political purposes and shall be applied to those purposes set forth in Section 1. The Chamber shall be permitted to continue Page 2 of 6 advocacy to advance the commercial interests of the business community in general on civic issues. SECTION 6. Independent Contractor. At all times during the term of this agreement, Chamber shall be an independent contractor and shall not be an employee of the City. All employees and volunteers that provide services under this agreement shall be employees or contractors of the Chamber and shall not be deemed employees of the City for any reason or purpose. Nothing in this Agreement shall be construed to create a joint venture between the City and the Chamber. SECTION 7. Term. This Agreement shall commence on July 1, 2010 and shall terminate at 12:00 a.m. on July 1, 2011 unless sooner terminated by the City in its sole discretion upon a minimum of six month notice. SECTION 8. Indemnily. To the fullest extent permitted by law, Chamber agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Chamber, Chamber's agents, officers, employees, volunteers, subcontractors, or independent contractors hired by Chamber in the performance of this Agreement. The only exception to Chamber's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Chamber. Section 9. Compliance with Law; E-Verify. 9.1. Compliance with Law. Chamber shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify. If Chamber is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Chamber shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Chamber shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.ciov, or access the registration page at httgs://e-verify.uscis.gov/enroll/. Chamber shall certify its registration with E-Verify and provide its registration number Page 3 of 6 within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. SECTION 10. Insurance. Chamber, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. A. Comprehensive General Liability. Throughout the term of this Agreement, Chamber shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. B. Comprehensive Automobile Liability. Throughout the term of this Agreement, Chamber shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). C. Worker's Compensation. If Chamber intends to employ employees to perform services under this Agreement, Chamber shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. D. Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Chamber shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Chamber, including the insured's general supervision of Chamber; products and completed operations of Chamber; premises owned, occupied or used by Chamber; or automobiles owned, leased, hired, or borrowed by Chamber. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. E. Notice of Cancellation/Termination of Insurance. Page 4 of 6 The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. Section 11. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Cindy Russell To Chamber: San Juan Capistrano Chamber of Commerce P.O. Box 1878 San Juan Capistrano, CA 92693 SECTION 12. This agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. (SIGNATURES ON NEXT PAGE) Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the date aforementioned. SAN JUAN CAPISTRANO CHAMBER OF COMMERCE j. President ✓ t'. F-tN�AN CAPISTRANO Dr. Londres Uso, M yor ATTEST: Maria �%" is, City CI APPROVED AS TO FORM: Omar San al, City Attorney/ Page 6 of 6 TERMS AND CONDITIONS FOR USE OF THE TJ MEADOWS BUILDING Section 1. Grant of License. City hereby grants a license to Chamber to utilize the TJ Meadows Building for Chamber's business offices and visitor center. The TJ Meadows Building is a portion of the Old Fire Station Recreation Complex located at 31421 La Matanza Street. The TJ Meadows Building, which is the subject of this License, is specifically described in the Site Plan attached as Attachment 1, incorporated herein by reference ("Premises"). Under this License, Chamber has the right and sole discretion to deal with and manage members of the public who enter upon the premises occupied by Chamber. Section 2. Term and Termination of License. The term of this License shall be from the effective date of the Funding Agreement until June 30, 2011. Notwithstanding the one-year term of this License, City and Chamber mutually reserve the right to terminate this License without cause at any time by providing ninety (90) days' advance written notice of termination to the other party. Upon termination of this License, Chamber shall remove all equipment and materials, clean the premises, and leave facility in a condition substantially similar to that prevailing at the time of the commencement of this License, with the exception of normal wear and tear, acts of God, and events beyond control of Chamber. Chamber shall restore the property to its original condition without any cost to City. Section 3. Nature of Use and Activities Permitted under the License. Chamber may not utilize the property for any other uses than those specifically set forth in Exhibit B, incorporated herein by reference. Section 4. Utilities. Chamber shall be responsible for the cost of all utility services required in conducting business within the building space authorized underthis License. City shall not require sub-metering of authorized area and will establish a utility reimbursement formula based on Chamber's allocation of square footage occupied. Telephone/Television/Cable Television or Internet Services: Expenses related to any and all of these services are the sole responsibility of Chamber. Chamber shall be responsible for opening/closing facility for installation, repairs, - 1 - EXHIBIT A anchor removal of these services. City staff will not meet vendor for delivery, installation, repair, or removal appointments. Section 5. No License Fee. Chamber shall not be required to pay a license fee for the privilege of utilizing property described in Attachment 1. Section 6. Use of Adjacent Complex Space. Chamber agrees and understands that City reserves the right to allow groups and individuals to utilize the Nydegger and Lacouague buildings. Chamber shall submit a facility use application to the Community Services Department for use of any other facilities. at the Old Fire Station Complex. Chamber has permission to use these buildings only when in possession of a City-approved facility use application. During the term of this License, usage fees will be required when Chamber requests use of City facilities other than the TJ Meadows Building. Chamber's use of other City facilities shall be charged at the non-profit rate listed in the City's fee schedule, which is established by City Council Resolution. Section 7. Maintenance, Repairs, and Improvements. 7.1 Reimbursement for City Maintenance and Utilities. Chamber shall reimburse City in the total amount of nine hundred and thirty-five dollars ($935.00) per month. This amount shall consist of a reimbursement for landscaping and building hardscape maintenance services provided by the City, in addition to reimbursing the City for electricity, water, and natural gas usage. This reimbursement shall be made payable to City in advance of the first day of each month. The check is to be made payable to the City of San Juan Capistrano. The monthly reimbursement shall be submitted directly to the Community Services Department located at the Community Center. If the premises are unusable due to damage or destruction, the monthly. reimbursement shall be abated until the use of the designated space is restored. 7.2 Refundable Restoration Requirement In order to ensure that the facility is returned to its original condition at the conclusion of this License, a refundable restoration deposit of$500 has been established. Any damage resulting from. use of this facility shall be corrected at Chamber's expense. When vacating the premises, if Chamber does not restore the premises to its original condition, the cost to restore the premises shall be deducted from this deposit. The City - 2 - shall provide Chamber with a written explanation of any deductions from the deposit and/or the refund of the deposit within thirty (30) days of Chamber leaving the premises. In the event that the costs exceed the deposit, Chamber shall be invoiced for the outstanding restoration costs. All monies remaining after restoration is completed shall be refunded to Chamber. 7.3 Repairs and Damages City shall be responsible for any major structural repairs to the premises, including such items as leaking roofs, plumbing, and related improvements, providing that the damage to be repaired has not been caused directly by Chamber's use of the premises. City shall accept responsibility for the following items: Exterior painting, exterior lighting, roofing, windows and doors (excluding window treatment and screen doors), exterior wall repair, HVAC, plumbing. 7.4 Custodial Responsibilities Chamber shall be responsible for all arrangements and costs to provide custodial service to the TJ Meadows Building. Chamber and/or the custodial staff shall be responsible for placing rubbish and recycle materials in the appropriate locked dumpster located on site. They shall further be responsible for locking that dumpster after each use. This dumpster is to be kept locked at all times when not in use. 7.5 Building Improvements Chamber shall submit to the Community Services Department, in writing, any desired changes/improvements to the TJ Meadows Building. This shall include any modifications to existing walls, ceiling, windows, flooring, doors, lighting, interior, exterior, etc. Chamber must receive written approval from City priorto making any improvements or modifications to the facility. All improvements and their maintenance shall be the financial responsibility of Chamber. Section 8. Inspection and Reservations to Cit . City reserves the right to enter the property at any reasonable time for the purpose of inspection and/or repairs for which the City, plus all requisite building permits is responsible, or to carry out any municipal function. This right shall not be exercised in any manner, which will unreasonably interfere with Chamber's use of the premises. - 3 - Section 9. Condition of Premises. Chamber agrees to accept said facility in "as is" condition, and agrees to assume all further liability arising out of the condition of such facility, once a final inspection is completed jointly by both parties. Section 10. Operations. The Administrative hours for Chamber's offices shall be restricted to no earlierthan 8:00 am and no later than 9:00 pm, Monday through Friday. The Chamber's business hours open to the general public will be limited to 9:00 am to 5:00 pm, Monday through Friday. Weekend and evening usage shall be limited to administrative operational hours only. Attendance at the TJ Meadows Building shall be limited to no more than 10 people at any one time. Chamber shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the Chamber of Commerce's Business Offices. Chamber shall, at all times, keep City advised of the name and telephone number(s) of two persons who can be contacted at times of emergency, Chamber shall, at all times, take and maintain the utmost caution and care in every respect of its operation and shall observe and maintain the highest standard of safety. Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for Chamber. City shall retain the right to exclusive use of parking spaces for City business at any time. Chamber is responsible for all furniture, equipment, and supplies for this space usage. All items brought in by Chamber must be removed at the end of the term of the License. City does not grant permission for items to remain in the facility once the term of the License ends. City shall issue keys to the individuals whose names are provided by Chamber; all keys must be signed-out in accordance with City procedure. When a person leaves Chamber's program, Chamber must return the key to City so that person's name can be removed from City records. Chamber is not permitted to reissue any key. - 4 - Section 11. No Assignments. Chamber shall not assign this License or any interest herein, or sublet the property or any part thereof, or license the use of all or any portion of the property or business conducted therein or thereon, or encumber or hypothecate the property or this License, without first obtaining the written consent of the City.Any assignment, subletting, licensing, encumbering, or hypothecating of the property or this License without such prior written consent of the City, shall be void and shall be cause for immediate cancellation of this License by the City at its option. Section 1 . No Relocation Benefits. This License is not intended to convey a property interest but to permit the Chamber to use the property as provided for herein. The Chamber acknowledges the rights granted by State and/or Federal Relocation Assistance Laws and regulations and, notwithstanding any other provision of this License, expressly waives all such present and future rights, if any, to which the Chamber might otherwise be entitled from the City with regard to this License and the business operated on the property. The Chamber shall not be entitled to relocation assistance, relocation benefits, or compensation for loss of goodwill upon the termination of this License. Section 13. Att®rney°s_Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of this License, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. Attachments: 1. Site Diagram 2. Allowable Uses 3. Proposed Building Improvements 4. Facility Lease Calculation 5. Location Map 5 - Site Diagram TJ Meadows Budding 31421 La M atanza Street 38'-6" 9' 6.. i1._9.. s.,,3„ IZ._Q,. Parch Office Office Hallway Q Office N Office Kitchen �o 1/2 Bath Closet Della :� p ie Ib•_b" 13•_p" 9. �.. 3g•_6" T.T.-MWWOW5 ATTACHMENT 1 Allowable Uses ® The Administrative hours for Chamber's offices shall be restricted to no earlier than 8:00 am and no later than 9:00 pm, Monday through Friday. The Chamber's business hours open to the general public will be limited to 9:00 am to 5:00 pm, Monday through Friday. Weekend and evening usage shall be limited to administrative operational hours only. Attendance at the TJ Meadows Building shall be limited to no more than 10 people at any one time. • Chamber shall confine use of the TJ Meadows Building to indoor usage of the building only. Assembly or gathering on the lawn area located on Matanza Street is not permitted. Chamber may not utilize the property for any other uses than those specifically established in this License. _ _ ATTACHMENT 2 Proposed Building Improvements Proposed Building Improvements include*: ® Installation and monitoring of security alarm system. ® Exterior Signage. Window Treatments Carpet/Mooring Replacement. * Chamber to receive City-approval and permits prior to work beginning on any improvement Note: Chamber shall be responsible for the purchasing, installation, upkeep, repairs, and removal/restoration associated with all City-approved building improvements. Chamber shall be responsible for opening/closing facility for installation, repairs, and/or removal of these improvements. City staff will NOT meet vendor(s)for delivery, installation, repair, or removal appointments. ATTACHMENT 3 - s - CLTY OF SAN JUAN CAPISTi2ANO FACILITY LEASE FEE CALCULATION FACILITY: Old Fire Sta#Ion Com [ex-TJ LV[eadawrs LEASED TO: Chamber of Commerce ADDRESS AND LOCATION: 31411 La Matanza SQUARE FOOTAGE: 1200 SQ FT PERCENT OF TOTAL FIRE STATION COMPLEX LAST UPDATED: September 23,2009 .XPV?d E Annual salary Allocated To This Position Facility Overread Total Public Works Personnel Services Total 1,523 356 1,877 Community Services Personnel Services Total 2,392 3,160 5,552 r affili } x$32 20 Sir] .S Description Account Fiscal Year Total Custodial Supplies 2009-10 212 Grounds Maintenance 2009-10 1,142 building Maintenance 2009-10 2,076 Other Maintenance 2009-10 45 Building Repairs 2009-10 663 Depreciation 2009-.10 2,355 Less Interest (694) Annual Property Finance 3,583 Utilities Gas 2008-09 235 Water 2008-09 277 Electric 2008-09 362 7777574 ICspF-S. 1l11 v 2J. NNUAL-FACILI'I"Y,EXPENSt~'..;'..., -.-.., - � .-':;. �E7 ..�E 04 jPIV I��#i~Y"'L• S�!.�„�,f�r E :-(x 5 �:4�'....t � 7�3$6 ATTACHMENT 4 _ g _ THE CITY OF SAN JUAN CAPISTRANO 0 e e s`r s 4 � 3 X77 C3" { _ rZ EU 1_2 sir KkY ' San Juan Capistrano T J Meadows Building d t; o 3000 6000 9000 Feet - 10 - ATTACHMENT 5 4saft 32400 PASEO ADELANTOMEMBERS OF THE CITY COUNm SAN JUAN CAPIS'T"RANO,CA 92675 j% � (949)493-1171 SAt4fALLEVATO (949)493-1053 FAX o }� lRteRvoR�reR LAURA FREESE www,SC1IYfMCIF7C;Clp2.Stt-atln.o7"�, tit�6t� �F THOMAS W.HR€BAR MARK NIELSEN w DR.LONDRES USO a � TRANSMITTAL, TO: San Juan Capistrano Chamber of Commerce PO Box 1878 San Juan Capistrano, CA 92693 ©ATE: October 28, 2010 FROM: Kristen Lewis, Administrative Specialist (949) 443-6308 RE: Funding Agreement—Visitor Information Services for FY 2010-2011 Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6308. If you have questions concerning the agreement, please contact Cindy Russell, Chief Financial Services/Treasurer at (949) 443-6301. An original agreement is enclosed for your records. Cc: Cindy Russell, Chief Financial Services/Treasurer San Juan Capistrano Preserving the Past to Enhance the Futuie Printed an 1001/recycled paper . Maria Morris From: Karisa Rojas Sent: Wednesday, October 20, 2010 2:24 PM To: Maria Morris Subject: FW: Update to Chamber Agreement Maria, Mark is ok with the language, Do [ need to do anything on my end;l -Karisa From: Mark Bodenhamer [mailto:mark@sanjuanchamber.com] Sere: Wednesday, October 20, 2010 1:59 PM To: Karisa Rojas Subject: Re: Update to Chamber Agreement Perfect, thank you. mb On Wed, Oct 20, 2010 at 10:42 AM, Karisa Rojas <KlZoias cr,sanivancapi.strm-io.org> wrote.. Mark, Cindy informed me of the change to Section 3 of the Chamber Agreement, so that the Chamber has the option of choosing a breakfast, lunch, or dinner for the "State of the City." Would this language be acceptable to you? SECTION 3. State of the City.Breakfast Luncheon or Dinner. The Chamber will develop either one business breakfast, or a luncheon, or a dinner that features a discussion on the "State of the City". The event will occur in the first quarter of each calendar year. The event should bring together the business community and political leaders, providing an opportunity for interaction between business and among business people and elected officials. The Chamber will provide a written plan for the "State of the City" event to the City by November 1, 2010. If so, we will update the agreement and provide copies to you. Thanks, i Karisa Rous--Norton,MPA Administrative Specialisf Economic Development Cif')Manager's office. Citr)of San Roan Capistrano Phone:949.234.4572 lcro1as@sanjixancar�istrara.org Mark Bodenhamer Executive Director, San Juan Capistrano Chamber of Commerce ati,ua�xbamber,com 2 10119/2010 AGENDA REPORT 1 TO: Joe Tait, City Manage:�- FROM: Cindy Russell, Chief Financial Officer/City Treasurer SUBJECT: Consideration of an Agreement with the San Juan Capistrano Chamber of Commerce for Visitor Information Services for FY 2010-2011 RECOMMENDATION: By motion, approve the agreement with the San Juan Capistrano Chamber of Commerce for visitor information services for FY 2010-2011 in the amount of $25,000 and the use of the TJ Meadows Building located at 31421 La Matanza at a rate of $935 per month. SITUATION: Summary and Recommendation: The City has been providing the San Juan Capistrano Chamber of Commerce annual funding assistance to offset expenses associated with visitor information services since 1995. The most recent agreement dated July 1, 2008, expired on June 30, 2010. In 2006, the Chamber of Commerce office relocated to the City-owned TJ Meadows Building located at 31421 La Matanza Street. Both of these agreements are related to the City's support of the Chamber of Commerce to provide visitor information and the development and improvement of local commerce. Staff is recommending a change in this year's agreement to continue to provide $25,000 in direct financial support for the Chamber of Commerce to provide visitor information services as well as the ability to occupy the City-owned facility at a rate of $935 per month payable to the City. The term of the agreement would be from July 1, 2010 through June 30, 2011. The Agreement is provided as Attachment 1 to this report. Staff recommends the City Council approve the Agreement with the San Juan Capistrano Chamber of Commerce for visitor information services for FY 2010111. Background: The term of the funding agreement between the City and Chamber of Commerce is for July 1, 2010 through June 30, 2011. Under this agreement, the Chamber agrees to Agenda Report Page 2 October 19, 2010 continue to provide advertising and promotion of the community in an effort to attract worthwhile business enterprises to enhance the local economy as well as the overall visitor/tourist experience in the community. The Chamber will work with the City, the business community, Mission San Juan Capistrano, and other relevant event organizers to provide, disseminate, and promote activities on behalf of the City. Among other activities, the Chamber of Commerce agrees to do the following: 1. Maintaining suitable quarters and employ competent personnel in a public office within the business area of the City, easily accessible and fully equipped f or the purpose of disseminating information and answering inquiries. Said office shall be open to the public not less than six hours a day, except Saturday, Sunday and holidays. During the term of this agreement the Chamber of Commerce may occupy quarters in the TJ Meadows Building as outlined in the Agreement. 2. Promptly respond to telephone inquiries and written correspondence. 3. Disseminate information by correspondence, advertisements and other traditional media publications. 4. Maintaining current information, brochures, handouts and Chamber web site. In addition to providing funding in the amount of $25,000 for visitor information services and other promotional activities, the City also agrees to provide the TJ Meadows Building as quarters for the Chamber of Commerce office in compliance with Exhibit A to the Agreement. The Chamber of Commerce would be required to pay the City a reimbursement fee for exterior maintenance and utilities in the amount of $935 per month. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None FINANCIAL CONSIDERATIONS: The City's FY 2010/11 budget projected rent for the TJ Meadows building to be $5,220. Based on this agreement, the City will receive $11,220 during FY 2010/11, an increase of $6,000. NOTIFICATION: Chamber of Commerce Agenda Report Page 3 October 19, 2010 RECOMMENDATION: By motion, approve the agreement with the San Juan Capistrano Chamber of Commerce for visitor information services for FY 2010-2011 in the amount of $25,000 and including the use of the TJ Meadows Building located at 31421 La Matanza at a rate of$935 per month. Respectfully submitted, Cindy Ri..[Sse , Chief Financial Officer/City Treasurer Attachment: 1. Funding Agreement— Dated July 1, 2010 FUNDING AGREEMENT San Juan Capistrano Chamber of Commerce THIS AGREEMENT is made and entered into this 19st day of October 2010, by and between the City of San Juan Capistrano, a municipal corporation, duly organized and existing under and by virtue of the laws of the State. of California, (hereinafter referred to as "City"), and the San Juan Capistrano Chamber of Commerce, a California non-profit corporation (hereinafter referred to as "Chamber"). WITNESSETH: WHEREAS, City and Chamber are mutually desirous of promoting the community's advantages and disseminating information relative thereto during the period July 1, 2010 — June 30, 2011; and, WHEREAS, the Chamber has knowledge, experience and facilities for disseminating information that the City would otherwise be called upon to produce in the absence of a Chamber, and, WHEREAS, the Chamber, for many years, has provided promotional programs for the development and improvement of local commerce, and has demonstrated the ability to properly follow-up and give consideration to inquiries made relative to the various activities of the City; and, WHEREAS, the success of the City and Chamber in meeting their respective goals is best served by full communications and coordinated activities; and, WHEREAS, such activities are recognized by law and the City Council of the City as being in the public interest and serving a public purpose. NOW, THEREFORE, in consideration of the premises and the covenants and condition hereinafter set forth, City and Chamber agree as follows: SECTION 1. Activities to be Funded. Chamber agrees to diligently advertise and promote the community of San Juan Capistrano in such a manner as to attract worthwhile business enterprises, which will enhance the general welfare and well being of the citizens. Consistent with this purpose, Chamber agrees to do the following, among other things: A. Maintain s uitable quarters and employ competent personnel in a public office within the business area of the City, easily accessible and fully equipped for the purpose of disseminating information, answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than six hours a day, except Saturday, Sunday and holidays (if City requests other times City agrees to fund staffing for such additional times). During the term of this agreement the Chamber of Commerce may occupy quarters in the City facility as identified and outlined in Exhibit "A" in compliance with this agreement; and, Page l of B. Obtain and make available such statistics and data relating to the community of San Juan Capistrano as may be appropriate for reference by the public, the City and Chamber members; and, C. Work to coordinate activities of mutual community interest with City officials .and staff; and, D. Provide information and assistance to individual business members with respect to promotion and advertising for the purpose of enhancing the business image and encourage business patronage; and, E. Serve to receive an d respond to written and verbal inquiries regarding residential, commercial, industrial, tourist and business matters as they relate to the City. SECTION 2. Reports, A. Quarterly Reports. The Chamber will provide the City with quarterly reports (based on Chamber's fiscal year) setting forth the receipt and disbursement of funds consistent with Chamber record keeping and accounting and identifying expenditure of those funds received from the City. The reports will include a summary of accomplishments achieved during the reporting period. Reports will be due 15 days from the quarter's end. B. Annual Report. The Chamber shall also present an Annual Report to the City as of 15 days after the close of the Chamber's fiscal year with a summary of prior year's activities, a list of officers and board membe.rs,a.nd a copy of the annual financial statements as prepared at that time. The Chamber shall also maintain and update a budget and a copy of the then active budget shall be included. The Annual Report may be presented at the time and in lieu of a quarterly report for the end of the fourth quarter. Timely receipt is a condition of continued funding by the City. SECTION 3. State of the Cit Breakfast or Luncheon. The Chamber will develop one business breakfast or luncheon that features a discussion on the "State of the City". The event will occur in the first quarter of each calendar year. The event should bring together the business community and political leaders, providing an opportunity for interaction between business and among business people and elected officials. The Chamber will provide a written plan for the "State of the City" event to the City by November 1, 2010. SECTION 4. City Funding. City agrees to disburse to Chamber $25,400.00 annually for fiscal year 2010-2091 based on City's fiscal year (July 1 — June 30). Payments shall be made monthly upon receipt of invoice from Chamber for $2,083.33. SECTION 5. Use of City Funding for Political Purposes Prohibited. Funds provided by the City shall not be used for political purposes and shall be applied to those purposes set forth in Section 1. Th&Chamber shall be permitted to continue Page 2 of 6 advocacy to advance the commercial interests of the business community in general on civic issues. SECTION 6. Independent Contractor. At all times during the term of this agreement, Chamber shall be an independent contractor and shall not be an employee of the City. All employees and volunteers that provide services under this agreement shall be employees or contractors of the Chamber and shall not be deemed employees of the City for any reason or purpose. Nothing in this Agreement shall be construed to create a joint venture between the City and the Chamber. SECTION 7. Term. This Agreement shall commence on July 1, 2010 and shall terminate at 12:00 a.m. on July 1, 2011 unless sooner terminated by the City in its sole discretion upon a minimum of six month notice. SECTION 8. Indemnity. To the fullest extent permitted by law, Chamber agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees,.for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Chamber, Chamber's agents, officers, employees, volunteers, subcontractors, or independent contractors hired by Chamber in the performance of this Agreement. The only exception to Chamber's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Chamber. Section 9. Compliance with Law; E-Verify. 9.1. Compliance with Law. Chamber shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify. If Chamber is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Chamber shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Chamber shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at htt ://www.uscis. ov, or access the registration page at haps;l/e-verify.uscis.cov/enroll/. Chamber shall certify its registration with E-Verify and provide its registration number Page 3 of 6 within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. SECTION 10. Insurance. Chamber, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. A. Comprehensive General Liability. Throughout the term of this Agreement, Chamber shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. B. Comprehensive Automobile Liability. Throughout the term of this Agreement, Chamber shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). C. Worker's Compensation. If Chamber intends to employ employees to. perform services under this Agreement, Chamber shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. D. Proof of Insurance RequirementslEndorsement. Prior to beginning any work under this Agreement, Chamber shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, . its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Chamber, including the insured's general supervision of Chamber; products and completed operations of Chamber; premises owned, occupied or used by Chamber; or automobiles owned, leased, hired, or borrowed by Chamber. The coverage shall contain no special limitations on the scope 'of protection afforded City, its officers, employees, agents, or volunteers. E. Notice of Cancellation/Termination of Insurance. Page 4 of 6 The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. Section 11. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Cindy Russell To Chamber: San Juan Capistrano Chamber of Commerce P.O. Box 1878 San Juan Capistrano, CA 92693 SECTION 12. This agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. (SIGNATURES ON NEXT PAGE) Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this agreement to be executes[ as of the date aforementioned. SAN JUAN CAPISTRANO CHAMBER OF COMMERCE President CITY OF SAN JUAN CAPISTRANO Joe Tait, City Manager ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Page 6 of 6 TERMS AND CONDITIONS FOR USE OF THE TJ MEADOWS BUILDING Section 1. Grant of License. City hereby grants a license to Chamber to utilize the TJ Meadows Building for Chamber's business offices and visitor center. The TJ Meadows Building is a portion of the Old Fire Station Recreation Complex located at 31421 La Matanza Street. The TJ Meadows Building, which is the subject of this License, is specifically described in the Site Plan attached as Attachment 1, incorporated herein by reference ("Premises"). Under this License, Chamber has the right and sole discretion to deal with and manage members of the public who enter upon the premises occupied by Chamber. Section 2. Term and Termination of License. The term of this License shall be from the effective date of the Funding Agreement until June 30, 2011. Notwithstanding the one-year term of this License, City and Chamber mutually reserve the right to terminate this License without cause at any time by providing ninety (90) days` advance written notice of termination to the other party. Upon termination of this License, Chamber shall remove all equipment and materials, clean the premises, and leave facility in a condition substantially similar to that prevailing at the time of the commencement of this License, with the exception of normal wear and tear, acts of God, and events beyond control of Chamber. Chamber shall restore the property to its original condition without any cost to City. Section 3. Nature of Use and Activities Permitted under the License. Chamber may not utilize the property for any other uses than those specifically set forth in Exhibit B, incorporated herein by reference. Section 4. Utilities. Chamber shall be responsible for the cost of all utility services required in conducting business within the building space authorized under this License. City shall not require sub-metering of authorized area and will establish a utility reimbursement formula based on Chamber's allocation of square footage occupied. Telephone/Television/Cable Television or Internet Services: Expenses related to any and all of these services are the sole responsibility of Chamber. Chamber shall be responsible for opening/closing facility for installation, repairs, EXHIBIT and/or removal of these services. City staff will not meet vendor for delivery, installation, repair, or removal appointments. Section 5. No License Fee. Chamber shall not be required to pay a license fee for the privilege of utilizing property described in Attachment 1. Section 6. Use of Adjacent Complex Space. Chamber agrees and understands that City reserves the right to allow groups and individuals to utilize the Nydegger and Lacouague buildings. Chamber shall submit a facility use application to the Community Services Department for use of any other facilities at the Old Fire Station Complex. Chamber has permission to use these buildings only when in possession of a City-approved facility use application. During the term of this License, usage fees will be required when Chamber requests use of City facilities other than the TJ Meadows Building. Chamber's use of other City facilities shall be charged at the non-profit rate listed in the City's fee schedule, which is established by City Council Resolution. Section 7. Maintenance, Repairs,-and Improvements. 7.1 Reimbursement for City Maintenance and Utilities. Chamber shall reimburse City in the total amount of nine hundred and thirty-five dollars ($935.00) per month. This amount shall consist of a reimbursement for landscaping and building hardscape maintenance services provided by the City, in addition to reimbursing the City for electricity, water, and natural gas usage. This reimbursement shall be made payable to City in advance of the first day of each month. The check is to be made payable to the City of San Juan Capistrano. The monthly reimbursement shall be submitted directly to the Community Services Department located at the Community Center. If the premises are unusable due to damage or destruction, the monthly reimbursement shall be abated until the use of the designated space is restored. 7.2 Refundable Restoration Requirement In order to ensure that the facility is returned to its original condition at the conclusion of this License, a refundable restoration deposit of$500 has been established. Any damage resulting from use of this facility shall be corrected at Chamber's expense. When vacating the premises, if Chamber does not restore the premises to its original condition, the cost to restore the premises shall be deducted from this deposit. The City - 2 - shall provide Chamber with a written explanation of any deductions from the deposit and/or the refund of the deposit within thirty (30) days of Chamber leaving the premises. In the event that the costs exceed the deposit, Chamber shall be invoiced for the outstanding restoration costs. All monies remaining after restoration is completed shall be refunded to Chamber. 7.3 Repairs and Damages City shall be responsible for any major structural repairs to the premises, including such items as leaking roofs, plumbing, and related improvements, providing that the damage to be repaired has not been, caused directly by Chamber's use of the premises. City shall accept responsibility for the following items: Exterior painting, exterior lighting, roofing, windows and doors (excluding window treatment and screen doors), exterior wall repair, HVAC, plumbing. 7.4 Custodial Responsibilities Chamber shall be responsible for all arrangements and costs to provide custodial service to the TJ Meadows Building. Chamber and/or the custodial staff shall be responsible for placing rubbish and recycle materials in the appropriate locked dumpster located on site.They shall further be responsible for locking that dumpster after each use. This dumpster is to be kept locked at all times when not in use. 7.5 Building Improvements Chamber shall submit to the Community Services Department, in writing, any desired changes/improvements to the TJ Meadows Building. This shall include any modifications to existing walls, ceiling, windows, flooring, doors, lighting, interior, exterior, etc. Chamber must receive written approval from City prior to making any improvements or modifications to the facility. All improvements and their maintenance shall be the financial responsibility of Chamber. Section 8. Inspection and Reservations to Cit . City reserves the right to enter the property at any reasonable time for the purpose of inspection and/or repairs for which the City, plus all requisite building permits is responsible, or to carry out any municipal function. This right shall not be exercised in any manner, which will unreasonably interfere with Chamber's use of the premises. - 3 - Section 9. Condition of Premises. Chamber agrees to accept said facility in "as is" condition, and agrees to assume all further liability arising out of the condition of such facility, once a final inspection is completed jointly by both parties. Section 10. Operations. The Administrative hours for Chamber's offices shall be restricted to no earlier than 8:00 am and no later than 9:00 pm, Monday through Friday. The Chamber's business hours open to the general public will be limited to 9:00 am to 5:00 pm, Monday through Friday. Weekend and evening usage shall be limited to administrative operational hours only. Attendance at the TJ Meadows Building shall be limited to no mare than 10 people at any one time. Chamber shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the Chamber of Commerce's Business Offices. Chamber shall, at all times, keep City advised of the name and telephone number(s) of two persons who can be contacted at times of emergency. Chamber shall, at all times, take and maintain the utmost caution and care in every respect of its operation and shall observe and maintain the highest standard of safety. Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for Chamber. City shall retain the right to exclusive use of parking spaces for City business at any time. Chamber is responsible for all furniture, equipment, and supplies for this space usage. All items brought in by Chamber must be removed at the end of the term of the License. City does not grant permission for items to remain in the facility once the term of the License ends. City shall issue keys to the individuals whose names are provided by Chamber; all keys must be signed-out in accordance with City procedure. When a person leaves Chamber's program, Chamber must return the key to City so that person's name can be removed from City records. Chamber is not permitted to re-issue any key. - 4 - Section 11. No Assignments. Chamber shall not assign this License or any interest herein, or sublet the property or any part thereof, or license the use of all or any portion of the property or business conducted therein or thereon, or encumber or hypothecate the property or this License, without first obtaining the written consent of the City.Any assignment, subletting, licensing, encumbering, or hypothecating of the property or this License without such prior written consent of the City, shall be void and shall be cause for immediate cancellation of this License by the City at its option. Section 12. No Relocation Benefits. This License is not intended to convey a property interest but to permit the Chamber to use the property as provided for herein. The Chamber acknowledges the rights granted by State and/or Federal Relocation Assistance Laws and regulations and, notwithstanding any other provision of this License, expressly waives all such present and future rights, if any, to which the Chamber might otherwise be entitled from the City with regard to this License and the business operated on the property. The Chamber shall not be entitled to relocation assistance, relocation benefits, or compensation for loss of goodwill upon the termination of this License. Section 13. Attorney's Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of this License, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. Attachments: 1. Site Diagram 2. Allowable Uses 3. Proposed Building Improvements 4. Facility Lease Calculation 5. Location Map - 5 - Site Diagram TJ Meadows Building 31421 La Matanza Street 38'-6" Porch Office Office Hallway Office Office Kitchen �p '/z Bath Closet Calla ca 16.-6" 13._W. g. €}" 38%6" ATTACHMENT I Allowable Uses • The Administrative hours for Chamber's offices shall be restricted to no earlier than 8:00 am and no later than 9:00 pm, Monday through Friday. The Chamber's business hours open to the general public will be limited to 9:00 am to 5:00 pm, Monday through Friday. Weekend and evening usage shall be limited to administrative operational hours only. Attendance at the TJ Meadows Building shall be limited to no more than 10 people at any one time. • Chamfer shall confine use of the TJ Meadows Building to indoor usage of the building only. Assembly or gathering on the lawn area located on Matanza Street is not permitted. Chamber may not utilize the property for any other uses than those specifically established in this license. ATTACHMENT 2 Proposed Building Improvements Proposed Building Improvements include*: • Installation and monitoring of security alarm system. • Exterior Signage. • Window Treatments • Carpet/Flooring Replacement. * Chamber to receive City-approval and permits prior to work beginning on any improvement Note: Chamber shall be responsible forthe purchasing, installation, upkeep, repairs, and removal/restoration associated with all City-approved building improvements. Chamber shall be responsible for opening/closing facility for installation, repairs, and/or removal of these improvements. City staff will NOT meet vendor(s)for delivery, installation, repair, or removal appointments. ATTACHMENT 3 - 8 - CITY OF SAN JUAN CAPISTRANO FACILITY LEASE FEE CALCULATION FACILITY: {ltd Fire StationCom tax-TJ Maadows LEASED TO: Chamber of Commerce ADDRESS AND LOCATION: 31411 La Matanza SQUARE FOOTAGE: 1 1200 SQ FT PERCENT OF TOTAL FIRE STATION COMPLEX LAST UPDATE©: September 23,2009 XI?EAtE777777 4 Amual 8atary Anocated To This Position Pacnay Overhead Total Public Works Personnel Services Total 1,523 355 1,877 Cofmmuynii Services Personnel ServicesTotal X2,392 3,160 5,552 :4 Description Account Fiscal Year Total Custodial Supplies 2009-10 212 Grounds Maintenance 2009-10 1,142 Building Maintenance 2009-10 2,076 Other Maintenance 2009-10 45 Building Repairs 2009-10 663 Depreciation 2009-10 2,355 Less Interest (6.94) Annual Property Finance 3,583 Utilities Gas 2008-09 235 Water 2008-09 277 Electric 2008-09 @q 362 C ATTACHMENT 4 - 9 - THE CITY OF - SAN JUAN CAPISTRANO ` i 4 N "s, j�;ID ­,Oxv, 9 �,�5l �� J � L�� II(E1 G e�.. ' � qq gvy, 71 San Juan Capistrano T J Meadows Building SA , JL r if2�a X fj 1[51 0 6000 6000 9000 Feet } ATTACHMENT 5 -POMRAN.0,CA ALLEVATO 171 4776 r&,Px= r s NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, October 19, 2010, in the City Council Chamber in City Hall, to consider: "Consideration of an Agreement with the San Juan Capistrano Chamber of Commerce for Visitor Information Services for FY 2010-2011" — Item No. Glc. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, October 18, 2010, to allow time for the Council to consider its content. If you would Like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Cindy Russell, Chief Financial Officer/Treasurer. You may contact that staff member at (949) 443-6301 with any questions. The agenda, including. agenda reports, is available to you on our web site: www.sanjuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cit clerk sanjuanca istrano.or . Maria Morris, CMC City Clerk cc: Chamber of Commerce Today's Date: t ' ' Transmittal Routing (Check All That Apply) ❑ City Attorney ❑ City Manager ❑ City Clerk CO NTRACT TRANSMITTAL CIP No. (if any): Project Manager's Last Name: ,Russell PhoneExtension:6301 Council or CRA Meeting Date (if applicable): 10/19/2010 APPROVING AUTHORITY: (Check Orae) Mayor ® CRA Chair City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded -- only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Name(s) Street 4 ._ City -_._ St Zi OTIHER INSTRUCTIONS: : Form Date: 01-2044 D - 7