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AMENDED AND RESTATED OPERATING AGREEMENT
This AMENDED AND RESTATED OPERATING AGREEMENT made and entered into
this 9t" day of January, 2014, by and between the City of Santa Ana, a charter city and municipal
corporation duly organized and existing render the Constitution and laws of the State of California,
hereinafter referred to as "City," and Santa Ana Business Council Inc., a California non - profit
corporation, hereinafter referred to as "SABC."
RECITALS
A. Whereas the City Council of the CITY previously established a community management
district (hereinafter the "CIvID ") designated as the "Downtown Community Management
District" (hereinafter the "DISTRICT "); and
B. Whereas assessments were supposed to be levied annually against the assessable parcels in
the DISTRICT commencing with Fiscal Year 2009 -2010 and continuing through Fiscal
Year 2013- 2014; and
C. Whereas the CITY was to use the assessments to contract for the administration of a
program of improvements and activities in cormection with the DISTRICT for Fiscal Years
2009 -2010 through 2013-2014; and
D. Whereas due to various reasons the City Council on February 4, 2012 repealed the entirety
of the CMD and did not levy the DISTRICT assessment to fund the CMD services for
calendar year 2013; and
E. Whereas with the repeal of the CMD, several downtown merchants and property owners
have expressed an interest in reactivating the Downtown Santa Ana Business Improvement
Area (BID) so that they could continue to receive funding to promote the safety,
maintenance, and overall economic stability of the downtown area; and
F. Whereas the City Council agreed that if there was sufficient support by those businesses
that would be impacted by assessments, that it would reactivate the prior Downtown
Business Improvement Area which was established on February 6, 1984 pursuant to
Ordinance NS -1715 (attached hereto and incorporated herein as Exhibit A) ; and
G. Whereas the City Council further agreed in a Settlement and Release Agreement w th
Downtown Inc. ( "DT[ "), that, should the BID be reactivated, DTI would receive 50% of the
BID revenues in any given calendar year and remaining 50% would be distributed to a new
merchants' nonprofit group serving independently of DTI, subject to an operating
agreement for each group; and
H. Whereas the Santa Ana Business Council has emerged as the new merchants' nonprofit
group that has expressed an interest in obtaining the other 50% of BID funds to be spent in
furtherance of the overall economic stability of the downtown area consistent with the
requirements of NS -1715; and
I. Whereas the City Council has "reactivated" the BID by its approval of an assessment report
for calendar year 2013 outlining the proposed budget and activities to be conducted in the
downtown area; and
J. Whereas a public hearing was held, and there being no majority protest against the approval
of the assessment report and levy of the assessment; and
K. Whereas the City and SABC tinder this Operating Agreement propose to (1) confirm that
SABC will receive 50% of the assessments collected each calendar year for which an
assessment is levied, (2) to provide that SABC's use of the assessment fiords will be
consistent with the requirements of NS -1715, generally, and the approved calendar year's
assessment report specifically, (3) to provide for auditing of SABC BID Ftmds, and (4)
ensure that SABC meetings are compliant with the Ralph M. Brown Act [Government
Code Sections 54950, et seq].
WHEREFORE, and in consideration of their mutual and respective covenants and promises
hereinafter set forth, the original agreement dated September 17, 2013 is hereby Amended and
Restated and the parties hereto do hereby agree as follows:
ARTICLE 1
PRELIMINARY MATTERS
§ 1.01 Definitions
As used in this Agreement, the following terns shall have the following meanings:
(a) "City" means the City of Santa Ana, California.
(b) "City Council' means the City Council of the City.
(c) "City Manager" means the City Manager of the City or his /her designated
representative.
(d) "SABC" means Santa Ana Business Council, Inc., a California nonprofit
corporation.
(e) 'Board" cleans the Board of SABC.
(f) "Term" means three (3) years commencing on September 17, 2013 and
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terminating on September 16, 2016 unless terminated sooner due to any violations
of the provisions of this Agreement or if a BID assessment is not approved in
compliance with the Parking and Business Improvement Area Law of 1989
[Streets and Highways Code Sections 36500, et seq.]. The Term of this
Agreement shall be automatically renewed in one (1) year Renewal Terms unless
either party gives notice of termination at least two (2) months prior to the
expiration of the Initial Tenn or any Renewal Term.
§ 1.02 Status of SABC
(a) By its execution of this Agreement, SABC warrants that it is duly incorporated under the
laws of the State of California and that true and correct copies of its Articles of Incorporation and
Bylaws and a true and correct listing of SABC's officers and their terms of office, certified as such
by SABC's Secretary, have been filed with the Clerk of the Council.
(b) By its execution of this Agreement, City accepts and agrees to the organization of the
SABC as set forth in the above said Articles of Incorporation and Bylaws.
§ 1.03 Compensation of SABC Board Members and Meetings
(a) Meetings shall be held on a quarterly basis with more meetings called at the discretion of
the SABC Board. When conducting meetings related to the Downtown Santa Ana Business
Improvement Area, members of the Board shall serve without compensation other than
reimbursement for expenses incurred by them in the course of the performance of services for
SABC when authorized by the SABC Board.
(b) SABC shall conduct its meetings in accordance with the Ralph M. Brown Act; the
number of board members for purposes of the Brown Act shall consist of 12 board members, with 7
board members serving as a quorum.
§ 1.04 Changes in Officers, Articles and Bylaws
SABC shall notify the Clerk of the Council of any change in the membership of the Board
and any change in the officers of SABC. Any amendment of SABC's Articles or Bylaws shall be
filed with the Clerk of the Cormeil.
§1.05 City Representation at Meetings of SABC
The City Manager shall be entitled to attend all meetings of SABC related to the BID and to
participate in the discussions of the Board to the same extent as the members of the Board, and
SABC shall assure that the City Manager is provided with reasonable advance notice of all
meetings of SABC. Nothing herein shall be construed to provide the City Manager with any
authority to make, second, or vote on motions, or to cause him to be counted for purposes of
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determining whether a quorum exists at meetings of SABC.
§L06 City Residents, BID Property Owners and Business Operators on the Board
A majority of the Board shall be City residents, BID property owners, or business operators.
If the number of members who are City residents, BID property owners, or business operators
becomes less than a majority due to the death, resignation, or change of residence or business
location, SABC shall not be in default under this section, provided, however, that the next member
appointed to the Board shall be a City resident, BID property owner, or business operator.
ARTICLE 2
REPORTS AND RECORDS
AND BID FUND TRANSFERS
§ 2.01 Annual Budget and Program Renort
(a) No later than November First (lst) of each year (beginning November 1, 2013), SABC
shall provide the City Manager with a copy of a detailed calendar year operating budget showing
expected sources of revenue and the nature of all expected or proposed expenditures for the
forthcoming calendar year and a report on the proposed programs to be undertaken by SABC in
said calendar year.
(b) The proposed budget shall be submitted to the City Council for approval subject to
the procedures provided for in California Streets and Highway Code Section 36530 et seq. If the
proposed budget is accepted by the City Manager, it shall be submitted to the City Council for
approval, in whole or in part. If the proposed budget is rejected by the City Manager, the City
Manager and SABC shall meet in good faith in an attempt to reach agreement on a budget. If
they are unable to do so, the City Manager shall submit the SABC's proposed budget to the City
Council for approval, in whole or in part.
(c) SABC acknowledges that its proposed budget in any given calendar year will consist
of 50% of all BID assessments collected from businesses subject to the Downtown Santa Ana
Business Improvement Area as reflected in Ordinance NS -1715.
(d) SABC further acknowledges that the use of all BID proceeds will be subject to the
BID laws as currently exist and /or as may be modified in the future; and that expenditures of BID
funds will be for the purposes identified in Ordinance NS -1715.
deposit
(e) The City
BID assessmentmoniieslcollec its
a accounting pcific account a trust which fund
hall reflect
the deposit and expenditure reimbursement of BID assessment monies apportioned for use by
SABC pursuant to subsection (c) above.
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(f) SABC shall have the option for the first year of this Agreement to request an advance
Of up to twenty thousand dollars ($20,000.00) from the City upon presentment of written
documentation indicating anticipated expenses in furtherance of the purposes identified in
Ordinance NS -1715. Such written documentation shall be approved by the Executive Director of
Community Development Agency or his or her designee. Any such advance shall be deducted
from BID assessment monies collected and deposited, SABC agrees that such advance shall only
apply to the first the $20,000.00 of available funds and before any subsequent reimbursements
can be made, SABC shall sufficiently document such advance by accompanying receipts,
purchase invoices, or other permanent evidences of expenditure as may be prudently required by
the City in accordance with Generally Accepted Accounting Principles and established City
accounting procedures.
(g) The City shall all the SABC to establish a "revolving fiend" account in the amount of
$20,000 in order to finance the organizations day to day operations. This revolving fund account
shall be subject to the constraints of NS -1715 and may be replenished upon presentment of
documentation that the funds in the account have been properly expended.
(h) The City shall make all reasonable good -faith efforts to deposit BID assessment
monies collected each month by the 15th day of the month following; provided that where the 15r'
day falls on a weekend, holiday, or other day in which City Hall is closed, then said deposit shall
be made the next day City Hall is open.
(i) The City shall also deposit monthly an interest payment equivalent to the average
amount of the daily balances for the period of the preceding month.
(j) The City upon depositing BID assessment monies shall notify SABC by electronic
mail of the net amount of monies available for reimbursement to SABC. Failure by SABC to
receive or acknowledge electronic mail notification shall not constitute a breach of this
Agreement.
(k) The City upon receipt of a written request for reimbursement submitted by SABC for
documented expenses, shall inspect and examine each request to ensure that all expenses submitted
for reimbursement are for the purposes identified in Ordinance NS -1715 and that all expenses
submitted are sufficiently documented by accompanying receipts, purchase invoices, or other
permanent evidences of expenditure as may be prudently required by the City in accordance with
Generally Accepted Accounting Principles and established City accounting procedures.
Reimbursement requests shall be approved by the Executive Director of the Community
Development Agency or his or her designee.
(1) The amount of any approved reimbursement made by the City shall not exceed the net
finds available for such reimbursement. In the event that a reimbursement request submitted by
SABC exceeds the balance of available fends, the City shall prorate the reimbursement accordingly.
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(m)The City shall make all reasonable good -faith efforts to process reimbursement
requests within 15 working days and to issue a reimbursement check for the approved amount or
make equivalent electronic payment to SABC.
(n) In the event questions arise relating to the balance of funds available to SABC,
SABC may within 15 days of notification request an accounting by the City of the amount of net
finds available for reimbursement to SABC.
(o) In the event questions arise relating to the amount of any specific reimbursement to
SABC approved by the City, SABC may, within 15 days of such reimbursement payment,
request that the City re- evaluate the amount of such reimbursement. Thereupon the City shall re-
evaluate the amount of such reimbursement and give written notification of its decision to SABC
which shall be final and conclusive.
§ 2.02 Annual Financial Statement and Audit
Within sixty (60) days following notice by the City, SABC shall submit to the City Manager
a complete statement of SABC's revenues and expenditures and a financial audit for the preceding
calendar year prepared by an independent certified public accountant.
§ 2.03 Financial Records
SABC shall keep, or cause to be kept, true, accurate and complete records, including
double -entry books, a profit and loss statement, and a balance sheet, such that if possible at all times
to determine the amount and nature of all revenues and expenditures. All expenditures and
transactions shall be supported by documents of original entry such as sales slips, cash register
tapes, and purchase invoice and receipts. All such account books, statements, balance sheets and
supporting documents shall be retained by SABC for a period of three (3) years after the end of the
accounting year to which they pertain.
§ 2.04 Accounting Procedures
SABC shall maintain a system of accounting according to Generally Accepted Accounting
Practices.
§ 2.05 Inspection and Audit
City shall be entitled, during the term of this Agreement and for a period of one year
following the termination, to:
(a) inspect and examine all of SABC's books, statements, records, and supporting
documents to ascertain the correctness of SABC's financial statements. Any such inspection andlor
examination shall be conducted during normal business hours with prior 15 days written notice to
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SABC; and
(b) inspect and examine each request for reimbursement received from SABC to ascertain
that all expenses submitted for reimbursement are for the purposes identified in Ordinance NS-
1715 and that all expenses submitted are sufficiently documented by receipts, purchase invoices,
or other permanent evidences of expenditure in accordance with Generally Accepted Accounting
Principles and established City accounting procedures. Any such inspection and /or examination
shall be conducted during normal business hours with prior 15 days written notice to SABC.
ARTICLE 3
INDEMNITY AND INSURANCE
§ 3.01 Indemnification
SABC shall indemnify and save harmless City and its officers, agents and employees from
and against any and all claims, demands, loss or liability of any kind or nature which City or its
officers, agents, or employees may sustain or incur, or which may be imposed upon them, or any of
them, as a result of, arising out of, or in any mamler connected with SABC's management and/or
administration of the BID funds.
§ 3.02 Insurrance Requirement Generally
Prior to the Cornmencement Date (except as hereinafter otherwise provided), SABC shall
obtain at its sole cost and file with the Clerk of the Council, and maintain throughout the Term,
policies of insurance as required by this section and sections 3.03 through 3.05, or a certificate of
such insurance, satisfactory in form to the City Attorney. Each such policy (except policies of
Workers' Compensation Insurance) shall name City as an insured or additional insured and each
liability insurance policy shall also name the officers, agents and employees of City as insureds or
additional insureds. Each such policy shall also contain a provision that no termination,
cancellation or change of coverage or (where applicable) of insured or additional insured shall be
effective until after thirty (30) days notice thereof has been given in writing to City.
§ 3.03 Liabilitv Insurance
SABC shall provide a policy or policies of insurance which provides coverage not less than
that provided in the form of a comprehensive general liability insurance policy against liability for
any and all claims and suits for damages or injuries to persons or properly resulting from or arising
out of the operations of SABC, its officers, employees, agents or assigns. Said policy or policies of
insurance shall provide coverage for both bodily injury and property damage in not less than One
Million Dollars ($1,000,000.00) combined single fruit, or its equivalent,
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§ 3.04 Fidelity Bonding
SABC shall provide a policy or policies of insurance insuring SABC against loss due to
dishonesty of SABC's officers, agents and employees. Said policy or policies shall provide
coverage in not less than $500,000.
§ 3.05 Workers' Compensation Insurance
SABC shall provide a policy or policies of workers' compensation insurance as required by
law.
§ 3.06 Modification of Insurance Requirements
The City Manager may modify or suspend the requirements imposed on SABC by this
Article if in his reasonable detennination; strict compliance is impossible or excessively costly due
to insurance market conditions.
ARTICLE 4
DEFAULTS, REMEDIES AND TERMINATION
§ 4.01 Defaults
(a) Failure or delay by either party to perform any term or provision of this Agreement shall
constitute a default under this Agreement. The injured party shall not initiate the remedies
hereinafter provided until the defaulting party has been given written notice of the default,
specifying the nature thereof, and a period of sixty (60) days to cure or correct such default.
(b) Any failure or delay by either party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any such rights or remedies, or deprive
such party of its right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce any such rights or remedies.
§ 4.02 Remedies of City
In the event of any default and failure to cure, correct or remedy the same by SABC, City
may, at City's sole discretion, in addition to or in lieu of any other remedies, exercise either of the
following remedies:
(a) Delay of any or all transfers of BID fiords to SABC collected pursuant to § 2.01 of
this Agreement until such default is cured, corrected or remedied; provided such delay is approved
by the City Council.
(b) Terminate this Agreement, provided such termination is approved by the City
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Council.
§ 4.03 Legal Actions
In addition to any other rights or remedies, either party may institute legal action to cure,
correct or remedy any default, to recover damages for any default, or to obtain any other remedy
consistent with the purpose of this Agreement. Such legal action must be instituted in the Superior
Court of the County of Orange, State of California, or in any other appropriate court in that county.
§ 4.04 Cumulative Rights and Remedies
The rights and remedies of the parties are cumulative and the exercise by either party of one
or more such rights or remedies shall not preclude the exercise by it, at the same or different times,
of any other rights or remedies for the same default or any other default by the other party.
§ 4.05 Termination
Upon the expiration of the Term or upon the earlier termination of this Agreement as
provided in Section 1.01(f) or Section 4.02 the City shall have no further obligation to provide
funding or other assistance to SABC pursuant to this Agreement for any period following such
expiration or early termination.
ARTICLE 5
GENERAL PROVISIONS
§ 5.01 Representatives
(a) All actions authorized to be taken by City pursuant to this Agreement, without
specification in this Agreement as to the body or office so authorized, shall be deemed exercisable
on behalf of City by the City Manager, unless otherwise stated. The City Manager may designate
any officer of the City as his or her representative with respect to any specified authority given to
the City Manager by this Agreement, and in such event the actions of such officer within the scope
of such authority shall have the same effect as if taken by the City Manager.
(b) All actions authorized to be taken by SABC pursuant to this Agreement, without
specification in this Agreement as to the body or office so authorized, shall be deemed exercisable
on behalf of SA13C by SABC's governing board or by such officer of SABC as may be designated
by resolution of said governing board.
§ 5.02 Notices
Notices and written communications sent by one party to the other shall be either personally
delivered or sent by U.S. Mail, postage prepaid, to the following addresses:
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(a) If sent by SABC to City:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
With Copies to:
City Manager
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
And:
City Attorney
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(b) If sent by City to SABC:
Santa Ana Business Council Inc.
400 E. Fourth Sheet
Santa Ana, CA 92701
Attention: Chairman of the Board
§ 5.03 Non- assignabilit
The rights and obligations of SABC under this Agreement may not be assigned or
delegated without the prior approval of the City Council.
§ 5.04 Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect, and shall in no way be affected, impaired or
invalidated thereby.
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§5.05 Exclusivity
Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein, and that no other agreement or amendment
hereto shall be effective unless executed in writing and signed by both City and SABC.
§5.06 Conflict of Interest Clause
SABC covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
CITY OF SANTA ANA-
David Cavazos
City Manager
Sai
Tit
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REL:adg
1.1/22/83
Rev. 12/28/83
ORDINANCE N0, NS -1715
AN ORDINANCE OF THE CITY OF SANTA ANA
ESTABLISHING A BUSINESS IMPROVEMENT AREA
IN THE CITY OF SANTA ANA
THE CITY COUNCIL OF THE CITY OF SANTA ANA, DOES HEREBY
_ ORDAIN AS FOLLOWS:
SECTION 1: That the City Council of the City of Santa Ana
hereby finds, determines and declares as follows:
(a) That pursuant to Section 36500 et sec, of the Streets
and Highways Code of the State of California, the City Council
adopted, on November 21, 1983( that certain Resolution No. 83 -147,
entitled, "A Resolution of the City Council of the City of Santa
Ana Declaring its Intention to Establish a Business Improvement
Area in the City of Santa Ana," and caused said resolution to be
duly published and mailed as provided by law; and
(b) That a public hearing concerning the formation of
said Business Improvement Area (hereinafter "Area ") was held on
December 5, 1983 and continued to January 16, 1984, both, at the
hour of 7:30 P.M. in the City Council Chambers of the City Hall
of the City of Santa Ana; and
(c) That at said hearing all written and oral protests
made or filed were duly heard, evidence for and against the pro-
posed action was received, and a full, fair and complete hearing
was granted and held; and
(d) That all.protests, both written and oral, are hereby
overruled and it was determined by the Council that there was no
majority protest within the meaning of Section 36500 et seq., and
of the Streets and Highways Code; and
(e) That the public interest, convenience and necessity
require the establishment of the proposed Area; and
(f) That businesses conducting their activities within
the Area will benefit by the expenditure of funds raised by the
charges as contemplated by said Section 36500 at seq. of the Streets
and Highways Code.
ORDINANCE NO. NS -1115
PAGE Two
SECTION 2: ESTABLISHMENT OF AREA. Pursuant to Section 36500
et seq, of the Streets and Highway Code of the State of California,
a business improvement area to be designated as "Downtown Santa Ana
Business Improvement Area" of the City of Santa Ana," is hereby
created and established.
SECTION 3: DESCRIPTION OF AREA. The Area shall include all of
the real property included within the boundaries described on
"Exhibit A," attached hereto and incorporated herein by this
reference.
SECTION 4: SYSTEM OF CHARGES. That attached hereto, marked
"Exhibit B," and incorporated herein by this reference, is the
system of charges which shall be assessed upon the various classes
of- business which are not exempt by law and which are located
within such Area.
(a) Payment of Charge. The charges hereby assessed shall be
due and payable and shall be paid at the same time and in the same
manner that business license taxes imposed by the City Code are
due and payable.
(b) Payment Prerequisite to License.
(1) No business license shall be issued pursuant
to the Santa Ana Municipal Code unless the business
license charge hereby imposed is paid together with
the business license payable pursuant to the said
code; and
(2) A business license shall be considered unpaid and
penalties shall be assessed upon the total amount at
the rate specified in the Municipal Code, until such
time as both the business license tax and the charges
imposed hereunder are paid in full.
(c) Multiple Businesses.
(1) where one owner has multiple businesses in the
same class or combinations of two or more of the
above classes, all of which are at the same location;
the total charge for that location under this Ordinance
shall be the highest charge of any one of those busi-
nesses when considered individually according to their
classifications herein.
ORDINANCE NO. NS -1715
PAGE THREE
(2) where multiple owners have, businesses in the same
class or combination of two or mpre,of thg above
classes, all of which are at the same 2i`catlan; the
total charge to each owner under this Urdinanctr sh,al�
be the highest charge of any one of the individu&l.'
owner's businesses at the location when considered
according to their classification herein
(d) Charge Transferability. There shall be no additional
charge for any business which transfers the same business to any
location within the Area.
(e) Refusal to Pay Charge. No person shall fail or re-
fuse to pay the additional business license charge imposed.
(f) Statement of Charge Due. A written statement, on such
forms as may be required or furnished by the City Manager, shall
be filed when the charges are paid.
SECTION 5: VOLUNTARY CONTRIBUTION. Any business which is
exempt from the payment of a business license tax by reason of
the provision of the Constitution of the United States or the
State of California, or by business class exemption as designated
in (a) above, may make voluntary contributions to said Area tot
the purposes provided in this ordinance.
SECTION 6: USE OF REVENUES. Uses of revenues derived from
charges imposed pursuant to this ordinance shall be limited to
the following:
(a) Decoration of any public place in the Area;
(b) Promotion of public events which are to take place on
or in the Area;
(c) Furnishing of music in any public place in the Area;
and
(d) The general promotion of business activities in the
Area.
SECTION 7: FUND. There is created a special fund designated
Downto
as "wn Santa Ana Business Improvement Area Fund" into which
all revenues derived from charges and contributions under this
Ordinance shall be placed and such funds shall be used only for
the purposes specified in this Ordinance.
OR1bINANCE NO. NS -1715
PAGE FOUR
SECTION 8: EXPENDITURES. The City Council shall annua11_
ap2rove a toigt -to include an estimate of expenditures to be
made from tkientowR_5a•n Ana Business improvement Area Fund
to carry out the purposes of this Ordinance.
SECTION 9: EFFECTIVE DATE. The charges imposed by this
Ordinance shall be due and payable immediately upon the effective
date of this Ordinance upon all business license taxes levied
thirty (30) days after adoption of this Ordinance and each day
thereafter.
SECTION 10: If any action, sentence, clause or phrase of this
Ordinance is, for any reason, held by a court of competent juris-
diction to be invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council of
the City of Santa Ana hereby declares that it would have passed and
does hereby pass this section and each sentence, section, clause
and phrase hereof, irrespective of the fact that any one or more
sections, sentences, clauses, or phrases be declared invalid or
unoonstitutiona.l.
SECTION 11: That the City Clark shall certify to the adoption
of this Ordinance and cause the same to be published in the manner
prescribed by law.
ADOPTED this 6th day of Febriiary , 1984.
-
ATTEST" I�embourger, Ma
nice C. Guy, C1 rk the Council
COUNCILMEMBERS:
Luxembourger Aye_.
Acosta Abstain
Bricken Aye APPROVED AS W FORK:
Griset Aye
Johnson Aye
McGuigan Aye W/,4_.r0L
Young __Ay_, e Edward J tooAar, City Attorney
I
EX'r._ 5 I T '1.."
LEGAL CESCRIF IDN - DrN-' I%N E s2NESS !XPRC'1'EXE)"T
That portion of the City of ca,,ta Ana, County of Orange,
State of California, hounded and described as follows;
Beginning at the centerline interSection of Parton Street,
60 feet wide, and Santa Ana boulevard';- 1'OB'feet wide; thence
no'rthesaEer "ly_and easterly aIIcng ea id centerline of Santa Ana
cou;evard�o the centerlir,a of Eraadway, 82 feet wide; thence
northerly slang said 'c'e'htetl'i "nE "ot' iraadtiay 672 feet, more or
less, th the intersection of the prolongation of the north line
of Blocks C, D, and E of Spurgeon's Addition to Santa Ana as
per map recorded in Soak 1, page 56 of Miscellaneous Naps,
records of said Countyl thence easterly along said prolongation
and sail north line of Blocks tT D, 'and E to the centerline of
Ma.tn $tvpe.t, 90 feet wide ;.thence southerly along said center-
line of Main Street to the ee`ritei:l'ine of Eighth Street, 60 feet
wide; th %ll'ce easterly along said b'eriterline of Eighth Street to
the ce,A.t.e. =1ne of Bush, 60 feet wide; thence southerly along
Bu
said centerline"of sh to the centerline of ganfa' -Ana Boule-
vard, 60 feet wide; thence Basta --q along last said centerline
Of Santa Ana Boulevard to 'the centerline of Spurgeon Street, 60'
feet wide; thence southerly along said' centerline of Spurgeon
Street 155 fact; kfience easterly 30 feet-to the northwest corner
of Lot 1 nl Block 2 of the—FEUi-t Addition to Santa Ana as per
map recorded in Book 5, page 91 Of Miscellaneous Maps, records
of Los Angeles County, California; thence easterly along the
north line of last said Lot 1 and ttie- e- asterl'y, prolongation
thereof 41.0 fast to the northeast corner of Lot 2 in Block 3 of
said FruxtA Mi n_ ; thence sour"herly'ifonc the east line of
last said Lot 2 and thee souEFe__rlg_proloncation thereof to the
centerline of Fifth Street, 60 feet wide; thence easterly along
paid ce`riterl3'rie of -Fifth Street to the ceht r1'iYe °of "Mar timer
Street, 60 feet wide; thence southa71y'i'16hg' said centerline of
Mortimer Street to the centerline of Fourth Street, 80 feet
wide; thence westerly alOhg said- GenEerine of Fourth Street to
the prolongation of the east line of Block 4 of &lee's Addition
as shown on a map recorded in Book 4, page 545 of Miscellaneous
Maps, records of Los Angeles County, California; thence southerly
along last said east line and the prolongations thereof to the
partheast corner of Lot 6 in Block 5 of said Bles's Addition,
being also a point on the south line of Third Street, 60 feet
wide; thence easterly along last said south line 14 feet; thence
southerly along a line.prrall,el and distant 14 feel easterly;
measured at rigtf angles'rom tha east line'uf iast said Lot 6
to a point on the easterly prolongation of the south line of
said Lot 6; thence westerly 14 feet to the northeast corner of
T Lot 5 in Block 5 of said Bles's Addition; thence southerly
along the east line of said Lot 5 in Block 5 and the southerly
prolongation thereof to the northeast corner of Block 6 of said
Elee's k661tior.; t.`,ence southerly along the east line of
said "clock 6 and th.e southerly prolongation thereof to the
eei;terline of First street, 100 feet wide; thence westerly
along said centerline of First Street to the northerly prolon-
gation of the east line of Lots 1 and 2 of glee's Sobdivision
as shown on a map,recorded in Book 1, page 67 of Miscellaneous
Maps, records of said Orange County; thence southerly along
last said prolongation to the southeast corner of last said Lot
2; thence westerly along the south line of last said Lot 2 and
the westerly prolongation thereof to the northwest corner of
Lot 10 in Block B of Blee's Second Addition as shown on a map
recorded in book 30, page 75 of Miscellaneous Naps of Los Angeles
County, California; thence 'southerly along the west line of
last said Lot 10 to the southwest corner thereof; thence westerly
along a line parallel and distant 150 southerly from the south
line of First street, 100 feet wide, to the centerline of Main
Street, 75 feet wide, thence northerly along said centerline of
Main "LLStreet 25 feet; thence westerly along a line parallel and
distant 125 feet southerly feom -sai -d south line of First Street
to the centerline of Broadway, 62 feet wide; thence northerly
along saki cenEeP7'ine of° Broadway 25 feet; thenc6weaterly
along a line parallel and distant 100 feet southerly from said
south line of First Street.to the northwest corner of Lot 3 in
Block 4 of iieninger's Resubdivision ea shoirn on a map filed in
Book. 5, page 48 of Miscellaneous Maps, records of said Orange
County; k encg southerly along the west line of said Lot 3 to
the southwest Corner of said Lot 3; thence westerly along a
line parallel and distant 150 feet southerly fro;r� said south
line of First Street to the centerline of Parton Street, 60
feet wide; thence northerly along said centerline of Parton to
the p.en,terline of Pi_rst_ Street, 100 feet wide
.* thence westerly
to th e inteis- 66Tion`iiFCh-6 southerly prolongation of the west
line of Lot 1 in Tract No. 10680 as shown on a map recorded'in
Book 40, panes 33 and 34 of Miscellaneous -Maps, records of
said Orange County; thence northerly along last said west line
and the prolongations thereof to the centerline of Third Street,
60 feet aide; thence easterly along said centerline of Third
Street to the centerline of Parton Street, thence northerly
along said centerline of Parton Street to the POINT OF BEGINNING.
(`.
EXHIBIT "B"
ANNUAL CHARGES TO BUSINESSES LOCATED IN THE
DM TD N BUSINESS IMPROVEMENT AREA
1. Businesses located within the boundaries of the proposed '
Business Improvement District, classified under City
ordinance NS -1690 as:
Amusement Services
Pawnbrokers
Service Stations
Classification A, including but not limited to,
Retail Sale 'of Goods
Hotels and Motels
Theatres
Food Establishments,
shall pay an amount equal to one and one half (1.5)
times their annual business license fee,
F 2. Businesses classified under Ordinance NS -1690 as Commercial
Rental Property, Rental Property, Residential and Rooming
House shall pay an amount equal to one quarter (.25)
times their annual business license fee.
3. All other businesses, including Professions, Trades &
Services, within the boundaries of, the proposed Business
Improvement District, shall pay one (1) times their
annual business license fee,
Policy Number: 6DS503396 Date Entered: 12/7/2013
ACC °R° CERTIFICATE OF LIABILITY INSURANCE
k.-
°ATEIMWODttj
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
12/7/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,, AND 'THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such ondom°m°nt(s).
PRODUCER
Nike Rodgick Insurance
CONTA
N.AMgke Rodgick
- --
196 Technology Drive, Suite 8
(8jn ff m(949)753 -9555 1L .NJ (949)753-9559
EMAIL
Irvine, CA 92618
_ ___ mm_INSVRERIBI PFFORDING COVERAGE ,__ NNCH
______.
IN§URGRAaaru`ers Insurance Exchange 21652_______
.._
INSURED Santa Ana Business Council, Inc.
_ _
State compensat%.on Ifl-- a E'und
INSURER 8,
35076
OBr10e Madriles
--
Travelers - " "-S31.19
INSURER C ":_._ _ _.. . ___- __..... _......._ -__..
" ---
31194
400 E. 4th Street
INSURER D:
Santa Ana, CA 92701
INSURERS:
INSURER F:
MvVERAGEn RCM I W iUA I B NUMBER: AGVICVINI AUTA%meC,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE. LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION CF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
mn ____ .....__ -IADO BBeR _ -.— __� ___......
LTRI TYPE INSUILINCS IN�LTOY EFF�pOL7CY E %P -
N. fM1 POLICY NUMBER MMIDOIYYPV MwDOIYYYY I LIMITS
ACCORDANCE WITH THE POLICY PROVISIONS.
(��`��`GEyyJNIIIfiRAL UABIUTY
✓�'GOh9MERCIALUENERAL LIABILITY
i�ss
iy
Attn: Risk Management - prize Morales
605503396
2/0711013
2.107/2014
EACH OCCURRENCE
OP�ES(EB
$1,000,000
''---- ��Iili
awrt4aM
$100,000
,. CLAIMS hNDE f� °CCUR
MEDERP(Any Bnaporsan)
.__
§10,000
PERSONAL B ADV INJURY
51,000,000
--
GENERAL
GENERAL AGGREGATE
521000 000
GEN' AGGREGATE LL1411T APPLIES PER.
COMPICP AGO
$1,000,000
II
POLICY ( lOC�
AUTOMOBILE LIABILITY
pM L
IFp Bamunp
S1,000,000
A
ANY AUTO
605503396
2/07/2013
2/07/2014
_...T�_ ..._
§
BODILY INJURY (PBY PBr50nl
ALL OWNED SCHEDULED
- -- - --
"- - —..
AUTOS AUTOS
So, Ly,
BODILY INJURY (Ppl BCdtl¢fA)
$
NONOWNED
j HINZD AUTOS AUTOS
PROPERTY
5 -
1
�
a1DAf.1AGE
PergctlU6n9__
$
UMBRELLALIAS OCCUR
EACH RRENCE
.-E OC
ACH._.CU_..
$
EXCESS LIAR CLAIMS MADE
AGGREGATE,
$ -
DED F7 RETENTION §
S
I
WORKERS COMPENSATION
AND EMPLOYERS'LUUlILItt
I W00TATU- TII
L70BYLIMS6�_ E_R
B IOFFICERIMEMBER
ANY PROPRIETORRARTNERIEXECUTIVE YIN
f %f.LUDED?
NIA
9081384 -13
I�
µ2/l0/2013
2/10/2014
--
E. L. EACH ACCIDENT
§1/000 00077 -
IIVs6Rq
E.L. DISEASE EA EMPLOYEE I
S 1,000,000
bNN)
DESCRIPTION OF OPERATIONS below
-
E. L. DI 6 VLIMIT 51,000,000
C I
I
Fidelity Bond
106032311
?/07/2013
0 7/2014
5,0 500,000
C i
D &O
106032311
2/07/2013
2/07712014
�2/
SIR 1,000,000
C IEpL
j
106032311
L2/07/2013
2 /07/2
, Sl 1,000,008
DESCRIPPDNOFOPERAnONSILOCAnONSIWHICLES IAIIAGN ACORD 1bT, AQQIlional RPm%Ma BehpUPlo,ihnum ®Pi6A is r0
The City of Santa Ana, its Officers, agents and employees are nam a, nal insureds for General
Liability purposes. -
iO
id
CERTIFICATE HOLDER CANCELLATION
City of Santa Ana
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
20 Civic, Center plaza
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Santa Ana, CA 92702
Attn: Risk Management - prize Morales
AUTHONRED REPRESENTATIVE
(0 1966.2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010 /06) The ACORD name and logo are registered marks of ACORD
PrW'4CM u%ing Fcros Boy% Pluz oBiM3M mvw-r= 13053 Com', ImPm6%IVO Publohing 000708-1877
POLICY NUMBER: 605503396 BUSINESSOWNERS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - STATE OR POLITICAL
SUBDIVISIONS - PERMITS RELATING TO PREMISES
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
SCHEDULE"
State or Political Subdivision: City of Santa Ana, Its officers, agents & Employees
The following Is added to Paragraph C. WHO IS AN a. The existence, maintenance, repair, construc-
INSURED in the Businessowners Liability Coverage tion, erection, or removal of advertising signs,
Form: awnings, canopies, cellar entrances, coal
4, Any state or political subdivision shown in the holes, driveways, manholes, marquees, hois-
Schedule is also an insured, subject to the follow- taway openings, sidewalk vaults, street ban -
ing additional provision: ners, or decoration and similar exposures;
This insurance applies only with respect to the b. The construction, erection, or removal of ele-
following hazards for which the state or political vators; or
subdivision has issued a permit in connection with c. The ownership, maintenance, or use of any
Premises you own, rent, or control and to which elevators covered by this insurance.
this insurance applies:
Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla-
rations.
BP 04 07 01 87 Copyright, Insurance Services Office, Inc„ 1985 Page 1 of 1 ❑