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<br /> <br /> - 2 - <br /> <br /> This Management and Disbursement Agreement (“Agreement”) between the City of San <br />Leandro, a municipal corporation, (the “City”) and the San Leandro Improvement Association, a <br />California Non-Profit Public Benefit Corporation, (the “SLIA”) is entered into this 18th day of <br />November 2013 (“Effective Date”). City and SLIA shall respectively be referred to as the “Party” <br />or collectively as the “Parties.” <br /> <br />RECITALS <br /> <br /> WHEREAS, on July 15, 2013, the City Council adopted Resolution No. 2013-102 , <br />approving the creation of the Downtown San Leandro Community Benefit District of 2013 <br />(“District”) pursuant to the City of San Leandro Business Community Benefit District Title 2, <br />Chapter 2-20 of the San Leandro Municipal Code, and <br /> <br /> WHEREAS, the Management District Plan for the District (“District Plan”) and Engineer’s <br />Report that provide the legal basis for the District describe and set forth the intended particular and <br />special benefit the property owners in the District will receive from new security, sidewalk <br />maintenance, beautification, promotional, and marketing activities and improvements to be provided <br />by the SLIA through implementation of the District Plan (the “District Plan Improvements”); and <br /> <br /> WHEREAS, the City through a District ballot held on July 15th, 2013 received more than 50% <br />weighted approval to levy and collect the property tax assessments for use and administration pursuant <br />to the District Plan; and <br /> <br /> WHEREAS, the District Plan Improvements will be funded through an annual levy of special <br />assessments upon real property within the District (the “Assessments”), commencing on December <br />15th, 2013, and continuing for fifteen (15) consecutive years through December 31, 2028; and <br /> <br /> WHEREAS, SLIA is responsible for implementing the District Plan; for creating a District <br />budget and policies to comply with the District Plan; for preparing and filing quarterly and annual <br />reports with the City reflecting compliance with the District Plan; and for overseeing the day-to-day <br />implementation of the District Plan Improvements; and <br /> <br /> WHEREAS, the Parties desire to enter into an Agreement in order to coordinate their <br />respective activities necessary for the successful operation, administration and implementation of the <br />District Plan and District Plan Improvements. <br /> <br /> NOW THEREFORE, the Parties to this Agreement do hereby covenant and agree as follows: <br /> <br />1. Scope of Disbursement Duties. SLIA agrees to promptly perform all duties specified in the District <br />Plan, attached hereto as Exhibit A and on file with the City Clerk. SLIA and the City shall each <br />respectively designate an individual or individuals who shall be responsible for communications <br />with each other for the duration of this Agreement. Nothing in this Agreement shall be construed <br />to require SLIA to perform as specified in the District Plan if funds are not available to perform <br />those duties due to lack of funding from Assessments or other revenues from operation of the