Agmt 2013 San Leandro Improvement Association

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