Agmt 2000 San Leandro Downtown Association

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AGREEMENT FOR ADMINISTRA'T'ION OF SAN LEANDRO DOWNTOWN BUSINESS IMPROVEMENT DISTRICT THIS AGREEMENT, made and entered into this 17th day of July , 2 000, by and between the CITY OF SAN LEANDRO, a municipal corporation, hereinafter called "City ", and the SAN LEANDRO DOWNTOWN ASSOCIATION, a California nonprofit, 501 (c)(6) tax - exempt corporation, hereinafter referred to as "SLDA ": Recitals (A) On October 18, 1999 the City Council of the City of San Leandro adopted Ordinance No. 99 -030, which provides the following: • (1) Section 2 -14 -115, entitled "Establishment of District Board of Directors," established a District Board of Directors to administer the affairs of the San Leandro Downtown Business Improvement District, the "District ", constituted of businesses within the District, and; (2) Section 2 -14 -140, entitled "Collection of Benefit Assessment ", provides that the City Council may delegate the specific administrative functions of billing and collection of the District assessment w a separate entity by Resolution. (B) The City Council desires to implement Ordinance No. 99 -030 by authorizing the SLDA to function as the District Board of Directors and to delegate the collection of the benefit assessment to the SLDA. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO, ACTING BY AND THROUGH THEIR DULY QUALIFIED OFFICERS, AS FOLLOWS: 1. Term. The term of this agreement shall commence on the date first written above, and end on December 31, 2000, provided that unless the notice is given as herein provided, said contract will continue thereafter from year to year until so terminated. Either party upon 90 days prior written notice may cancel this Agreement. If the SLDA fails to qualify or ceases to qualify as a 501 (c) (6) tax exempt corporation this Agreement shall terminate. 2. Budget. Forty -five (45) days prior to the end of the fiscal year of the District, the SLDA shall present a budget of proposed expenditures to the City Manager for investigation and repon to the City Council upon the advisability and feasibility of the proposed expenditures and improvements, which, when approved by the Council, shall constitute the budget for SLDA for the ensuing fiscal year. In the event of a change of circumstances after said budget has first been approved, a supplemental or modified budget request may be submitted and considered by the Council. In the first year of this Agreement, the SLDA shall submit a budget for approval for the partial fiscal year covering the time between execution of this Agreement and the end of the fiscal year.