8J Consent 2009 0409 - Laserfiche WebLink

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AGREEMENT BETWEEN THE SAN LEANDRO TRANSPORTATION MANAGEMENT ORGANIZATION AND THE CITY OF SAN LEANDRO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO FOR THE MANAGEMENT AND ADMINISTRATION OF THE WEST SAN LEANDRO SHUTTLE ANA BUSINESS IMPROVEMENT DISTRICT This Agreement is made and entered into as of , 2009 between the San Leandro Transportation Management Organization (SLTMO), a California non-profit mutual benefit co~rvporation, and the San Leandro Redevelopment Agency ("Agency") and the City of San Leandro ("Clty»). RECITALS A. On February 2, 2009 the City Council of the City of San Leandro (the "City") adopted Resolution No. 2009-014 (the "Resolution") entitled "A Resolution of the City Council of the City of San Leandro Declaring the City Council's Intention to Re-establish the West San Leandro Shuttle Business Improvement District (BID) and Setting a Public Hearing Relating Thereto for March 16, 2009" (the "ROI") declaring its intention to establish a Parking and Business Improvement Area known as the West San Leandro Shuttle Business Improvement District" (the "BID") to levy a benefit assessment on businesses within the BID, the proceeds of which shall be used for the public purposes herein described to benefit the businesses in the BID, pursuant to the Parking and Business Improvement Area Law of 1989 Section 36500 et seq. of Division 18 of the California Streets and Highways Code (the "Act"). B. As specified in Resolution No.2009-014 a public hearing concerning the formation of the district was held on March 16, 2009 at 7:00 p.m. before the City Council in the City Council Chambers at City Hall, 835 East 14th Street, San Leandro, California. C. On March 16, 2009, the City Council Passed to Print Ordinance No. 2009-002 (the "Ordinance") entitled "An Ordinance of the City of San Leandro Amending Title 2 of the San Leandro Municipal Code to Add a New Chapter 15 Establishing the West San Leandro Shuttle Business Improvement District in the City of San Leandro". Said Ordinance is pending adoption by the City Council on April 6, 2009 and this Agreement shall only be carried out if the Ordinance is adopted by the City Council. D. The SLTMO and the City desire to continue the operation of the shuttle service from the San Leandro BART station to employers in the West San Leandro Industrial Area. E. The shuttle will further the goals of the City by providing to employees direct, free, high- frequency service from BART to the area's employers and providing additional transportation options to enable low and moderate income residents to seek employment in the area. F. The City and SLTMO desire to enter into this Agreement to set forth the roles and responsibilities of the parties with respect to providing BID improvements and BID administration. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: