City of Culver City, California
City Council Agenda Item Report
Meeting Date: 12/12/05 Item Number: PH-1
AGENDA ITEM: Public Hearing to Continue the Downtown Culver City Business
Improvement District.
Contact Person: Alicia Weintraub Phone Number: (310) 253-5778
Fiscal Impact: Yes [ ] No [X] General Fund: Yes [ ] No [X]
Public Hearing: [X] Action Item: [ X ] Attachments: [X]
Public Notification: The Resolution of Intention was mailed to businesses in the
Downtown Culver City Business Improvement District on November 16, 2005, published
in the Culver City News on December 1 and 8, 2005, and posted on the Master
Notification List on December 7, 2005
Department Approval:
Susan Evans (11/30/2005)
CAO Approval:
Martin Cole for Jerry Fulwood (12/5/05)
City Controller Approval:
N/A
RECOMMENDATION:
Staff recommends the City Council (the “Council”) adopt a resolution to levy the
proposed 2006 BID assessment and adopt the recommendations for the 2006 BID
Advisory Committee, unless a majority protest is made.
PROCEDURE (Noticed Public Hearing):
Mayor:
Announces that this is the time and place for the hearing of
protests or objections to the continuation of the BID.
City Clerk: Announces that the Resolution of Intention, which included
notice of this public hearing, was published in the Culver
City News on December 1 and 8, 2005 and was mailed to
all affected businesses.
Mayor and Council: Moves to receive and file all affidavits.
City Clerk: Announces the number of written protests received and
verifies that all protests have been delivered to the Council.
Mayor: Calls to the podium those individuals who filed a written
protest, who wish to make oral protests or presentations.
Staff:
Reports on protests received.
Mayor and Council: Moves to declare the Public Hearing closed.
City of Culver City, California
City Council Agenda Item Report
If those business/property owners who submit protests pay
less than 50 percent of the total assessment to be levied,
move to overrule and deny all protests and then consider the
adoption of a resolution to levy the 2006 BID assessment;
OR
If those business/property owners who pay more than 50
percent of the total assessment to be levied submit protests,
move to deny the BID for a period of one year.
BACKGROUND:
The BID provides a mechanism for businesses to levy assessments on themselves
for the promotion of business activities and public events; decoration of public
places; and the acquisition, construction, installation and maintenance of specific
improvements. The BID assessment reduces Downtown business dependency on
the City and Redevelopment Agency.
On November 14, 2005, the Council approved the BID’s 2006 Annual Work
Program and Budget, as filed with the City Clerk, and adopted a Resolution of
Intention to conduct a public hearing on December 12th. Additional information
related to the Annual Work Program and Budget was included in the November 14,
2005, City Council Agenda Item Report, which is attached for review (Attachment
No. 1).
DISCUSSION:
During 2005, the BID reported approximately $106,488 in total BID assessment
revenues, Agency Executive Director grant, sponsorship contributions (Culver Hotel
and Bank of the West) and carryover funds from 2004. Of the total revenues
available, approximately $17,524 were spent on marketing, $27,007 were spent on
design, and $44,117 were spent on administration. There is an anticipated
carryover of $22,000 for 2006. These funds include remaining accounts receivable,
delinquent BID fees, funds allocated for outdoor directories and a small contingency
fund. The outdoor directories are anticipated to be completed in early 2006. This is
further described in the Downtown Business Association’s (the “DBA”) Quarterly
Financial Statements, which are attached for your review (Attachment No. 3).
City of Culver City, California
City Council Agenda Item Report
BID revenues are managed by the DBA in accordance with the Management
Agreement between the DBA and the City. The Management Agreement was
renewed last year and does not expire until December 31, 2006. The DBA uses BID
revenues to implement the Work Program defined in the BID Advisory Board’s
Annual Report (the “Report”). The 2005 Report is attached for your review
(Attachment No. 2). The DBA’s responsibilities are fully described in the
Management Agreement, which has been attached for your review (Attachment No.
4).
Staff has identified the following issues that require discussion: protest of the
proposed assessment, appointment of BID Advisory Board members, and renewal
of the Business Improvement District Management Agreement.
Protest of the Proposed Assessment
State Law [Streets and Highways Code Section 36525.(a)] states: “If written protests
received from the owners of businesses in the proposed area which will pay 50
percent or more of the assessment proposed to be levied and protests are not
withdrawn so as to reduce the protests to less than that 50 percent, no further
proceedings to create the specified parking and business improvement area or to
levy the proposed assessment, as contained in the Resolution of Intention, shall be
taken for a period of one year from the date of the finding of a majority protest by the
Council.”
BID Advisory Board Membership
State law requires the Council to appoint a BID Advisory Board, which is
responsible for compiling the Report. The Report identifies how BID assessment
revenue will be spent, proposed improvements and activities, the classification of
businesses, the method and basis of levying assessments, and other matters the
Advisory Board deems appropriate.
The BID Advisory Board members for 2005 were Ken Chernus (Ken Chernus
Studios/Property Owner), Jennie Cook (Double Dutch Dinette/Business Owner),
Susan Obrow (Kirk Douglas Theatre), Jim Rodriques (Santa Maria
BBQ/Business Owner) and Andrew Weissman (Attorney at Law/Business
Owner).
The DBA recommended the following BID Advisory Board Members for 2006:
1) Andrew Weissman/Attorney at Law-Business Owner
2) Kamaren Henson/Wonderful World of Animation-Property Owner
3) Greg Reiner/The Actor’s Gang-Business Representative
4) Jim Rodriques/Santa Maria BBQ-Business Owner City of Culver City, California
City Council Agenda Item Report
5) Gerald Weiner/Attorney-Business Owner
As part of the Management Agreement that the City has with the DBA, all
members of the BID Advisory Committee must be in good standing with the City,
Redevelopment Agency and BID in terms of business tax payments, BID
assessments, refuse billing and Redevelopment Agency debt agreements. After
a review by the City Treasurer’s Office, it appears that none of these individuals
show any record of debt to the City, Redevelopment Agency, or BID.
The Council may appoint these members and/or appoint new members to the BID
Advisory Board.
FISCAL ANALYSIS:
In 2006 the BID assessment total is estimated to be approximately $65,000, which
will be used to fund marketing ($18,800), holiday decorations ($7,930), and
administration/other expenses ($38,000).
ATTACHMENTS:
1. November 14, 2005 City Council Agenda Item Report;
2. 2005 Annual Work Program and Budget (Approved by the Council on
November 14, 2005);
3. DBA Quarterly Reports;
4. Management Agreement ;
5. Resolution to levy the proposed assessment;
6. Internal Revenue Service tax-exempt certification;
7. DBA Certificate of General Liability Insurance; and
8. BID Advisory Board Recommendations 2006.
MOTION:
IF THERE IS NOT A MAJORITY PROTEST THAT THE CITY COUNCIL:
1. Adopt a resolution to levy the proposed 2006 BID assessment;
City of Culver City, California
City Council Agenda Item Report
2. Appoint Andrew Weissman/Attorney at Law-Business Owner, Kamaren
Henson/Wonderful World of Animation-Property Owner, Greg Reiner/The
Actor’s Gang-Business Interest , Jim Rodriques/Santa Maria BBQ-Business
Owner, Gerald Weiner/Attorney-Business Owner
OR, IF THERE IS A MAJORITY PROTEST THAT THE CITY COUNCIL:
1. Approve a finding that protests have been received from the owners of
businesses in the proposed district who will pay 50 percent or more of the
assessment proposed to be levied, and no further proceedings to continue the
Downtown Culver City Business Improvement District shall be taken for a period
of one year from the date of this meeting.
MEETING DATE 12/12/05
AGENDA ITEM
Public Heanng to Continue the Downtown Culver City
Business Improvement Distnct and Adopt the
Recommendations for the 2006 BID Advisory Committee
ATTACHMENTS
Pages|109| November 14, 2005 City Council Agenda Item Report, 1-7|109| 2005 Annual Work Program and Budget
8-12
(Approved by the Council on November 14, 2005),|109| DBA Quarterly Reports,
13-19|109| Management Agreement, 20-30|109| Resolution to levy the proposed assessment, 31-33|109| Internal Revenue Service tax-exempt certification, 34-35|109| DBA Certificate of General Liability Insurance, and
36-38|109| BID Advisory Board Recommendations 2006 39(2+1+CtGirvw2A-of-
City of Culver City, California
NO1. 1
City Council Agenda Item Report
Meeting Date 11/14/05 Item Number
AGENDA ITEM Consideration of the Downtown Culver City Business
Improvement District Advisory Committee's Annual Work Program and Budget
for the Continuation of the Downtown Business Improvement District
Contact Person/Dept Alicia Weintraub Phone Number (310) 253-5778
Fiscal Impact Yes 0 No [X] General Fund Yes 0 No 0
Public Hearing 0 Action Item [X] Attachments [X]
Public Notification Businesses located in the Downtown Business Improvement District
were mailed notice of tonight's meeting and a copy of the annual Work Program and
Budget on October 18, 2005, a notice was published in the Culver City News on
October 29th, November 4th and November 11th and the Master Notification List
received notice on November 9 2005
Department Approval
Susan Evans 10/24/05
CAO Approval
City Controller Approval
N/A
RECOMMENDATION
) approve the Downtown Culver
) Advisory Committee's annual Work
and adopt a Resolution of Intention
12, 2005 for the continuation of the
to levy assessments on themselves
public events decoration of public
installation or maintenance of specific
businesses to be more self reliant
of Culver City (the 'City ) and Culver
)
Downtown Business Association (the
Agreement between the DBA and the
the DBA to maintain tax-exempt
maintain one million dollars of General
and budget updates to the
progress toward completing their
documents insurance and quarterly
Nos 4 5, 6 and 7)
That the Culver City City Council (the Council
City Business Improvement District ("BID
Program and Budget for 2006 (the "Report"),
to conduct a Public Hearing on December
Culver City Downtown BID
BACKGROUND
A BID provides a mechanism for businesses
for the promotion of business activities and
places and the acquisition, construction,
improvements The BID allows Downtown
which reduces their dependency on the City
City Redevelopment Agency (the Agency
The BID Work Program is managed by the
"DBA ) in accordance with a Management
City The Management Agreement requires
status with the Internal Revenue Service,
Liability insurance, and submit quarterly reports
Community Development Director describing
approved work program The DBA s Tax
reports are attached for your information (AttachmentCity of Culver City, California
City Council Agenda Item Report
In accordance with the legal process for renewing a BID, the Council is first
required to review and approve the BID Advisory Committee's Report during a
public hearing The Report describes any proposed changes in the BID
boundaries, a description of activities to be undertaken (a work program), an
estimate of the cost to provide the activities (a budget) the assessment formula,
the amount of surplus/deficit to be carried over from the previous year, and the
amount of other expected BID contributions The City Council may modify any
particular element contained in the report and approve it as modified
At the conclusion of the Public Hearing, the Council must adopt a Resolution of
Intention (Attachment No 1) to conduct a Public Hearing if the BID is to be
continued for 2006 Upon completion of the Public Hearing, which has been
tentatively scheduled for December 12, 2005 the Council must approve a final
resolution to formally continue the BID The public will be notified of the public
hearing in accordance with State law
The BID was formed in September 1998, when the Council adopted Ordinance
No 98-011, in accordance with the Parking and Business Improvement Area
Law of 1989 (the "Law )
The BID was amended in December 2000, when the Council rescinded
Ordinance No 98-011 and adopted Ordinance No 2000-027 The new
ordinance revised the BID assessment formula to increase the amount of the
assessment and revised the BID Management Agreement to clarify ambiguous
language in an attempt to streamline the administrative process
DISCUSSION
The following section describes BID accomplishments and delinquencies in
2005 and proposed BID activities and the BID assessment in 2006
BID Accomplishments in 2005
In 2005, the DBA used their assessments to fund the following
2005 ACCOMPLISHMENTS
MARKETING/EVENTS
• Production of second annual Culver City Car Show in partnership with The
Exchange Club (Earnings to DBA of $7,000 to support administrative costs in
2006)City of Culver City, California
City Council Agenda Item Report
•
Continuing expansion of Website with additional features including "Downtown
Lowdown' email newsletter, expanded Calendar and personalized feature boxes
with photos on Downtown businesses
•
Implementation of discount Culver Card for all participating Downtown businesses
• Assumption of Downtown map reprinting and distribution
• Sponsorship of Summer Sunset Music Festival and promotional table at each
concert
• Information booth at Chamber Expo
• Sponsorship of Fiesta La Ballona
• Continuation of annual Holiday Lights event with 25 foot tree in Town Plaza
• Continuation of on-screen Pacific Theatre slides promoting Downtown experience
and free parking
• Distribution of promotional materials at other public events including Lion Fountain
Town Plaza unveiling, Pan-African Film Festival, Share Our Strength Food event
and Westchester/Culver City Orchestra
DESIGN/IMPROVEMENTS
• Replacement of Culver Boulevard decorative tree lights in response to sunsetting
of previous Agency contract
• Replacement and Refurbishment of all Holiday street ornaments
• Input with Public Art Coordinator on Harry Culver sculpture, upgrading and
completion of Zoetrope installations
•
Continued consultation with Sanitation Division on completion of trash compactors
and proper usage guidelines in English and Spanish
•
Meetings with Agency on implementation of Outdoor Directory project and initiation
of graphic, fabrication and lighting design
ADMINISTRATION
• Rental of office and purchase of office equipment for greater staff efficiency and
Downtown physical presence
• Supplemental payment to Executive Director in addition to Agency grant and total
payment assumed upon sunset of grant funding
• Retained Urban Place Consulting services for research and feasibility study for
possible Property Business Improvement District (PBID) creation to replace current
BID and increase services to District through increased funding
BID Delinquencies in 2005
During 2005, there were approximately 138 businesses subject to the BID
assessment Of these, the assessment was collected by the City Treasurer's
Office from approximately 89 percent of the businesses The total amount
collected was approximately $79,230 The remaining 15 businesses are
3City of Culver City, California
City Council Agenda Item Report
delinquent If payment is not received after a final notice, a claim will be
forwarded to the City Attorney's Office and will be sent to small claims court
BID Activities in 2006
In October the BID Advisory Committee filed the proposed 2006 Work Program
and Budget (Attachment No 6) with the City Clerk The Advisory Board
proposes the following activities within their Work Program for 2006
MARKETING/PROMOTION
• Continuation of the Culver Card a discount program available to Downtown Culver
City retail, restaurant and service customers to promote all participating
businesses Continuing to provide counter-top displays for ground floor businesses
to provide the card as well as the new Downtown map
•
Continue sponsorship of City s Summer Sunset Music Festival and other appropnat
events
• Continuation of Pacific Theatre s On-Screen slide program promoting the Downtowr
experience and reminding patrons of locations of free parking
•
Continue to create new methods to increase visibly and positively brand and
promote Downtown businesses and community activities in all media
• Continue to create additional cooperative marketing partnerships with both
established and new Downtown business as opportunities arise
• Increase community activities in District that serve the needs of and provide
entertainment to Culver City residents while promoting and benefiting Downtown
businesses In addition to annual Holiday Lighting Event, utilization of Town Plaza
for as many activities possible
• Producing the Third Annual George Barns Culver City Custom Car Show in
collaboration with the Exchange Club of Culver City
• Assistance in proactive recruitment of desirable tenant businesses for our
Downtown property owners
DESIGN/IMPROVEMENTS
• Outdoor directory program In partnership with the Redevelopment Agency,
designing, purchasing and installing informational directories for pedestrians in key
areas of the Downtown district Establish ongoing maintenance program
and annual updating of information in directoriesCity of Culver City, California
City Council Agenda Item Report
•
Replacement of Culver Boulevard decorative tree lights in response to sunsetting
of previous Agency contract
• Continuing maintenance of previously purchased Holiday ornaments
• Continuing to provide Holiday tree, lighting elements and garlands to annual
lighting event in Town Plaza
• Consultation and cooperation with Public Art Coordinator on Zoetrope upgrade
program, Harry Culver sculpture project and other public art projects in the
Downtown area
• Coordination between City Sanitation Division and businesses on use and
maintenance of new trash compactors
• Encourage business and property owners to continue to improve facades
• More proactive communication with City on violations of existing codes in relation
to aesthetics and safety of facades and streetscape
ADMINISTRATION
• Continue upgrading of website with greater service, information and linkage
provided
• Maintain office space for use of Executive Director, building of volunteer work force
and increased visibility of DBA
• Continue consultation with Urban Place Consultants regarding feasibility of
establishment of PBID to replace current BID and to provide greater services to
Downtown District through increased funding
COMMUNITY OUTREACH
• Coordinate between Culver City Regional Occupational Program and new
businesses to facilitate hiring of Culver City youth
• Continue to identify charitable opportunities tied to Downtown event programming
to benefit local non-profit organizations
5City of Culver City, California
City Council Agenda Item Report
The Downtown Business Advisory Committee adopted this report on Monday
October 17, 2005 in a publicly noticed meeting During this meeting staff had the
opportunity to ask questions and discuss how the various activities could be
implemented and funded without duplicating either the City/Agency or DBA s
efforts
BID Assessment in 2006
The proposed activities will primarily be funded through the assessment, which
applies to Downtown businesses as follows
Business Type (assessment per business)
2006
Assessment
TYPE A
Retail (0-25,000 sq ft ) $ 300
Hotel $ 500
Restaurant (0-300 seats) $ 500
Restaurant (> 300 seats) $1,000
Computer Graphics and Services $ 300
Martial Art Studios, Health Studios, Hair Salons (0-25,000 sq ft ) $ 300
TYPE B
Theaters
$1 per seat
TYPE C
All others not listed $ 100
TYPE D
Financials (>7,500 sq ft ) $1,000
Film Studios $1,000
Recording Studios $1,000
Retail (> 25 000 sq ft ) $1,000
Utilities (> 7 500 sq ft ) $1,000
Hospitals (> 20,000 sq ft ) $1,000
Hospitals, Clinics (<20,000 sq ft ) $500
Martial Art Studios, Health Studios Hair Salons $1000
(>25,000 sq ft )
TYPE E
Commercial Rentals
<5,000 sq ft
$ 500
5 001-15 000 sq ft
$ 750
ACity of Culver City, California
City Council Agenda Item Report
15,001-25,000 sq ft
$1,000
25 001-35 000 sq ft
$1,250
>35,001 sq ft
$1,500
FISCAL ANALYSIS
The BID s quarterly financial statements for 2005 are attached for your
information (Attachment No 6) These financial statements describe activities
undertaken and funds expended during their fiscal year
As previously stated, funds from the 2006 BID assessment will be used for
business enhancement design and design activity and other items in accordance
with the Law During 2006, the BID anticipates assessment revenues of $65,000
and carry-over funds in the amount of $22,000 Previously the Agency provided
the DBA with annual financial assistance in the amount of $20,000 (to subsidize
the salary of the Executive Director) However, the agreement between the
Agency and DBA for this expenditure was for three years and expired this past
October The DBA will now be funding this expense
There is no fiscal impact to the City for the approval of the BID Annual Work
Program
ATTACHMENTS
1 Resolution of Intention,
2 2006 BID Work Program and Budget
3 Internal Revenue Service tax-exempt certification,
4 DBA Certificate of General Liability Insurance,
5 Summary of 2005 4th Quarter Accounts Payable and
6 DBA quarterly financial statements
MOTION
That the City Council
1 Approve the 2006 BID Advisory Committee s Annual Work Program and
Budget as filed with the City Clerk, and
2 Approve the Resolution of Intention to set December 12, 2005, as the date for
a public hearing to consider the continuation of the Downtown Culver City
Business Improvement District Pikir
-Vr\ Nal+
(VO 2
Downtown Culver City Business Improvement District —
Report of Proposed Year 2006 Work Program and Budget
The Downtown Culver City Business Improvement District Advisory Committee ( Advisory Committee )
is pleased to present its Proposed Year 2006 Work Program and Budget This report is prepared in
accordance with the requirements of Culver City Ordinance No 98 011 which established the Downtown
Culver City Business Improvement District ( DCCBID ) the Business Improvement District Management
Agreement between the City of Culver City ( City ) and the Culver City Downtown Business Association
( CCDBA ) and the St, eets and Highways Code Section 36533
The Advisory Committee does not propose any changes to the Advisory Committee structure nor to the
boundanes of the parking and business improvement area A map illustrating BID boundaries is included as
Exhibit A
The Advisory Board does not recommend any changes to the assessment schedule
Business Type City Business License Code Annual BID Fee
Type A
Retail (0-25000 sq ft ) 036 144,396 399 402 $300
Hotel 456 480 $500
Restaurant (0 300 seats) 390 654 690 $500
Restaurant (> 300 Seats) $1000
Computer Graphics & Computer Services 152, 200 $300
Martial Art Studios health Studios hair salons (0 25000 Sq Ft) 774 276 $300
Type B
Theaters 858 $1 per seat
Type C
All Others not hsted $100
Type D
Financials (>7500 Sq ft ) 342 $1000
Film Studios 490 498 $1000
Recording Studios 554 $1000
Retail (>25000 sq ft) 036 144, 396 399, 402 $1000
Utilities (>7500 Sq Ft ) $1000
Hospitals (>20000 Sq Ft) 780 $1000
Hospitals Clinics (<20000 Sq Ft) $500
Martial Art Studios Health Studios Hair Salons (>25000 Sq Ft) $1000
Type E
Commercial rentals 432
< 5000 sq ft $500
5001 15000 SqFt $750
15001 25000 Sq Ft $1000
25001 35000 Sq Ft $1250
>35001 Sq Ft $1500
The DCCBID S activities and estimated costs for the coming year are set forth in Exhibit B Proposed
year 2006 Work Program Budget All funds collected are used for BID activities to implement the
Downtown Culver City 4 Points Program modeled after the Main Streets 4 Points ProgramNote
1 Fee for individual business owners with multiple business licenses/operations at the same address will be
based on the single highest category
2 Business owners with multiple business locations within the BID area will be assessed separately at each
location
3 Commercial rentals will be assessed for each building location, not each tenant space
4 Multiple independent business owners at the same address will be assessed separately at their respective
rates
3The Advisory Board proposes the following Work Program for 2006
MARKETING/PROMOTION
Continuation of the Culver Cal d a discount program available to Downtown Culver City retail
restaurant and service customers to promote all participating businesses Continuing to provide
counter top displays for ground floor businesses to provide the card, as well as the new Downtown
map
Continuing sponsorship of City s Summer Sunset Music Festival and other appropriate venues
Continuing Pacific Theatre On Screen slide program promoting the Downtown experience and
reminding patrons of locations of free parking
Continuing to create new methods of more visibly and positively branding and promoting
Downtown businesses and community activities in all media
Continue to create additional cooperative marketing partnerships with established and new
Downtown business as opportunities arise
Increase community activities m District that serve the needs and provide entertainment to Culver
City residents while promoting and benefittmg Downtown businesses In addition to annual
Holiday Lighting Event utilmation of Town Plaza for as many activities possible
Producing the Third Annual George Barns Culver City Custom Car Show in collaboration with
the Exchange Club of Culver City
Assistance in proactive recruitment of desireable tenant businesses for our Downtown property
owners
DESIGN/IMPROVEMENTS
Outdoor directory program. m partnership with the Redevelopment Agency designing
purchnsing and mstallmg informational directories for pedestrians in key areas of the Downtown
district Establish ongoing maintenance program and annual updating of information in
directories
Replacement of Culver Boulevard decorative tree lights in response to sunsetting of previous
Agency contract
Continuing maintenance of previously purchased Holiday ornaments
Continuing to provide Holiday tree lighting elements and garlands to annual hghtmg event in
Town Plaza
Consultation and cooperation with Public Art Coordinator on Zoetrope upgrade program, Harry
Culver sculpture project and other public art projects in the Downtown area
Coordination between City Samtahon Division and businesses on use and maintenance of new
trash compactors
Encourage business and property owners to continue to improve facades|1010|toMore proactive commumcation with City on violations of existing codes in relation to aesthetics
and safety of facades and streetscape
ADMINISTRATION
Continued upgrading of website with greater service information and linkage provided
Maintain office space for use of Executive Director building of volunteer work force
and increased visibility of DBA
Continue consultation with Urban Place Consulants regarding feasibility of estabhshment of PBED
to replace current BID and to provide greater services to Downtown District through increased
funding
COMMUNITY OUTREACH
Coordinate between Culver City Regional Occupational Program and new businesses to facilitate
hiring of Culver City youth.
Continue to identify charitable opportunities tied to Downtown event programming to benefit
local non profit organizations
5(
)
Downtown Culver City-Business improvement District
Proposed Year 2006 Work Program and Budget
Revenue
2006 BID Assessment Fees $65 000
2005 Carry over funds (Delinquent BID Fees/
Outdoor Directory Reserve) $22 000
Total Revenue $87,000
Expenses
Marketing and Promotion
Events & Sponsorships $11 300
Printed Marketing Materials $ 6 500
Website
$ 1 000
Total Marketing and Promotion $18 800
Design & Improvement
Holiday Street Ornaments
$ 7 930
Boulevard Tree Lights $ 9 270
Outdoor Directories $11 000
Total Design & Improvement
$28 200
Administration
Professional Fees (Accounting/Computer) $ 1 800
Insurance
$ 2 100
Tax Dues Permits
$ 100
Office Expenses $ 2 150
Office rent $ 9 050
**Salanes (Executive Director) $22 800
Total Administration $38 000
Contingency $ 2 000
Total Expenses $87,000
Please note balance of Executive Director salary to be funded through DBA Account1)-A-lachru,4
N01
3 56 PM
08/05/05
Accrual Basis
CC Downtown BID
Profit & Loss
January through March 2005
Ordinary Income/Expense
Income
4000 Income
4080 Reimbursed Expenses
4081 Contract Labor
4085 Other
Jan
10|1010|Mar 05
000 00
000 00
Total 4080 Reimbiirsed Expenses
_
12 000 00
4091 Interest Income
1 70
Total 4000 Income
12 001 70
Total Income
12 001 70
Expense
Void
0 DO
5000 Marketing and Promotion Expense
5300 Printed Marketing Materials
5313 Culver Cards
3 047 10
Total 5300 Printed Marketing Matenals
3 047 10
5500 Other Marketing Expenses
5510 Marketing Supplies
455 18
Total 5500 Other Marketing Expenses
455 18
Total 5000 Marketing and Promotion Expense
3 502 28
6000 Design and Improvement Expense
6100 Holiday Ornaments
7 57
Total 6000 Design and Improvement Expense
7 57
8000 Administration Expense
8012 Contract Labor
9 000 00
8015 Dues and Subscriptions
200 00
8200 Insurance
8230 Liability Insurance
750 00
Total 8200 insurance
750 00
8400 Office Expenses
8420 Bank Service Charges
20 00
8430 Postage and Delivery
28 45
8470 Office Supplies
585 41
8480 Rent
8482 Office Rent
3 438 00
Total 8480 Rent
3 438 00
Total 8400 Office Expenses
4 071 86
8450 Parking
62 00
8600 Professional Fees
8510 Accounting
137 50
8520 Consulting
225 00
Total 8500 Professional Fees
362 50
8800 Travel & Ent
8820 Meals
17 00
Total 8800 Travel & Ent
17 00
Total 8000 Administration Expense
14 463 36
Total Expense
17 973 21
Net Ordinary Income
5 971 51
Net Income -5971 51CC Downtown BID
Balance Sheet
As of March 31, 2005
ASSETS
Current Assets
Checking/Savings
1000 Cash
Mar 31 05
1010 BID Account Bank of the West 9 405 65
Total 1000 Cash 9 405 65
Total Checking/Savings 9 405 65
Accounts Receivable
1200 Accounts Receivable 2 500 00
Total Accounts Receivable
-
2 500 00
Total Current Assets 11 905 65
Fixed Assets
1700 Fixed Asset
1701 Furniture & Fixtures 21 64
1702 Computer Equipment 1 603 03
Total 1700 Fixed Asset 1 624 67
Total Fixed Assets 1 624 67
TOTAL ASSETS 13 530 32
LIABILITIES & EQUITY
Equity
3000 Opening Balance Equity 3 367 79
3100 Retained Earnings 16 134 04
Net Income 5 971 51
Total hquIty 13 530 32
TOTAL LIABILITIES & EQUITY 13 630 32
-3 46 PM CC Downtown BID
08/04105 Profit& Loss
Accrual Basis April through June 2005
Ordinary Income/Expense
Income
4000 Income
4010 Bid Income
4080 Reimbursed Expenses
4081 Contract Labor
4085 Other
Apr
— —|1010|Jun 05
53 179 80
500 00
250 00
Total 4080 Reimbursed Expenses
7 750 00
4091 interest income
1 83
Total 4000 Income
60 931 63
Total Income
60 931 63
Expense
5000 Marketing and Promotion Expense
5200 Promotional Events
5213 Fiesta La Ballona
1 000 00
5216 Summer Sunset
2 500 00
Total 5200 Promotional Events
3 500 00
5300 Printed Marketing Materials
5311 Maps
920 00
5313 Culver Cards
488 65
5300 Printed Marketing Materials Other 777 94
Total 6300 Printed Marketing Materials
2 186 59
5400 WebsIte
6411 Websit,e Maintenance
865 00
Total 5400 Weblike
865 00
6500 Other Marketing Expenses
6510 Marketing Supplies
61 87
5500 Other Marketing Expenses Other
800 00
Total 5500 Other Marketing Expenses
861 87
Total 5000 Marketing and Promotion Expense
7 413 46
8000 Administration Expense
8012 Contract Labor
9 000 00
8400 Office Expenses
8430 Postage and Delivery
8470 Office Supplies
8480 Rent|1010|33
29
19
8482 Office Rent
730 00
8483 PO Box Rental
24 00
8480 Rent Other 730 00
Total 8480 Rent
1 484 00
Total 8400 Office Expenses
1 518 48
8460 Parldng
152 00
8500 Professional Fees
8510 Accounting
250 00
Total 8500 Prrifesslonal Fees
250 00
Total 8000 Administration Expense
10 920 48
Total Expense
18 333 94
Net Ordinary Income
42 597 69
Net income
42 697 69
Is4 07 PM
CC Downtown BID
08/06/06
Balance Sheet
Accrual Basis
As of June 30, 2005
Jun 30 06
-
ASSETS
Current Assets
Checking/Savings
1000 Cash
1030 BID Account2 Bank of the West
1090 Petty Cash
Total 1000 Cash
Total Checking/Savings
Accounts Receivable
1200 Accounts Receivable
Total Accounts Receivable
Total Current Assets
Fixed Assets
1700 Fixed Asset
1701 Furniture & Fixtures
1702 Computer Equipment
Total 1700 Fixed Asset
Total Fixed Assets
TOTAL ASSETS
LIABIUTIES & EQUITY
Liabilities
Current Liabilities
Other Current Liabilities
2600 Fraud
Total Other Current Liabilities
Total Current Liabilities
Total Liabilities
Equity
3000 Opening Balance Equity
3100 Retained Earnings
Net Income
Total Equity
TOTAL LIABILMES & EQUITY
1.,
50 928 43
200 00
51 128 43
51 128 43
2 500 00
2 500 00
53 628 43
466 55
1 603 03
2 069 58
2 069 58
66 698 01
-43000
-43000
-43000
-430 00
3 367 79
16 134 04
36 626 18
56 128 01
66 898 01
(
k2 18 PM
10/18/05
Cash Basis
CC Downtown BID
Profit & Loss
July through September 2005
Jul Sep 05
Ordinary Income/Expense
Income
4000 Income
4010 Bid Income
8 551 94
4080 Reimbursed Expenses
4081 Contract Labor 2 500 00
Total 4080 Reimbursed Expenses
2 500 00
4090 Miscellaneous Income
4091 Interest income
113
Total 4090 Miscellaneous Income
1 13
Total 4000 Income
11 053 07
Total Income
11 053 07
Expense
5000 Marketing and Promotion Expense
5200 Promotional Events
5215 Chamber Expo 190 00
Total 5200 Promotional Events 190 00
5300 Printed Marketing Materials
5313 Culver Cards 140 00
Total 5300 Printed Marketing Materials 140 00
5400 Website
5411 Website Maintenance 350 00
Total 5400 Website
350 00
5500 Other Marketing Expenses
5510 Marketing Supplies 38 27
5500 Other Marketing Expenses Other 400 00
Total 5509 Other Marketing Expenses 438 27
Total 5000 Marketing and Promotion Expense
1 118 27
6009 Design and Improvement Expense
6100 Holiday Ornaments 3 984 31
Total 6000 Design and Improvement Expense
3 984 31
8000 Administration Expense
8012 Contract Labor 9 000 00
8013 Contributions 250 00
8200 Insurance
8220 Directors&Officers 1 450 00
Total 8200 Insurance
1 450 00
8400 Office Expenses
8430 Postage and Delivery 37 00
8440 Printing and Reproduction 250 92
8470 Office Supplies
160 42
8480 Rent
8482 Office Rent 2 190 00
Total 8480 Rent
2 190 00
Total 8400 Office Expenses
2 638 34
8450 Parking
183 00
8500 Professional Fees
8510 Accounting
125 00
Total 8500 Professional Fees
125 00
8700 Taxes
8710 Franchise Tax Board 10 00
112 18 PM CC Downtown BID
10/18/05 Profit & Loss
Cash Basis July through September 2005
Jul Sep 05
Total 8700 Taxes 10 00
8800 Travel & Ent
8820 Meals 37 00
Total 8800 Travel & Ent 37 00
Total 8000 Administration Expense 13 693 34
Total Expense 18 795 92
Net Ordinary Income 7 742 85
Net Income 7 742 85
4CC Downtown BID
Balance Sheet
As of September 30, 2005
Sep 30 05
ASSETS
Current Assets
Checking/Savings
1000 Cash
1030 BID Account2 Bank of the West
1090 Petty Cash
Total 1000 Cash
Total Checking/Savings
Accounts Receivable
1200 Accounts Receivable
Total Accounts Receivable
Total Current Assets
Fixed Assets
1700 Fixed Asset
1701 Furniture & Fixtures
1702 Computer Equipment
Total 1700 Fixed Asset
Total Fixed Assets
TOTAL ASSETS
LIABILITIES & EQUITY
Equity
3000 Opening Balance Equity
3100 Retained Earnings
Net Income
Total Equity
TOTAL UABILITIES & EQUITY
45 936 04
200 00
04 46 136
46 136
5 500
04
00
5 500 00|1010|51 636
646 09
603 03
04
12 2 249
2 249 12
53 885 16
5 867
16 134
31 883
79
04
33
53 885 16
53 885 16
19
,t.....", ,,,-.......
Ldontract No 2004-241 I
BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT AGREEMENT
This Agreement is entered into by and between the CITY OF CULVER CITY, a
municipal corporation organized and existing under and pursuant to its Charter
and the Constitution of the State of California (hereinafter City') and the
CULVER CITY DOWNTOWN BUSINESS ASSOCIATION, INC a California
nonprofit mutual benefit corporation organized and existing under and pursuant
to the laws of the State of California (hereinafter "CCDBA") with reference to the
following facts
RECITALS
A Following properly noticed and publicly held meetings and hearings City
Council has continued a Business Improvement Area to be known as the
Downtown Culver City Business Improvement District (hereinafter
'District') pursuant to Section 36500 et seq of the California Streets and
Highways Code (hereinafter 'Act"), by and through the adoption of
Ordinance No 2000-026 on December 11, 2000 (the Ordinance )
B Pursuant to the Ordinance and enabling law benefit assessments have
been levied upon the various classes of businesses located within the
District
C Such assessment levied and collected by City shall be used only for the
purposes set forth in the Ordinance
D The services to be performed by CCDBA contribute to the economic and
promotional well being of the community
E The City Council of City has determined the public interest, convenience
and necessity require the execution of this Agreement to provide the
service to be provided by CCDBA
NOW THEREFORE City and CCDBA in consideration of the recitals mutual
promises covenants representations and agreements set forth below hereby
promise covenant agree and represent as follows
Section 1 TERM OF AGREEMENT
11 This Agreement shall be effective from January 1, 2005, through
December 31, 2006, unless terminated sooner pursuant to the terms
hereof Obligations or expenditures for items not budgeted shall not be
paid through assessments collected for the District
Parip 1
),0contract No 2004-241 I
1 2 CCDBA may terminate this Agreement in advance of the expiration of the
term for cause by giving sixty (60) days written notice to City Such
termination shall be effective on the sixty-first (61st) day after mailing of
such notice
1 3 City may terminate this Agreement in advance of the expiration of the term
without cause, by giving sixty (60) days written notice to CCDBA Such
termination shall be effective on the sixty-first (61st) day after mailing of
such notice
Section 2 CCDBA RESPONSIBILITIES
2 1 CCDBA shall render professional services and shall utilize and cooperate
with, the Community Development Director or her/his designee to
provide work program coordination consisting of project development and
implementation, program administration and plans and reports
2 2 CCDBA shall submit to the Community Development Director project
plans and reports including the following
2 2 1 Before the implementation of any project or expenditure of project
funds submit a project plan as described further under items 2 2 2
and 2 5 below
2 2 2 By the 30th day of the first month of each quarter, beginning
April 30, 2005, submit a quarterly progress report, outlining the
progress of the several projects in relation to the proposed project
schedules This report will be provided with each quarterly or
periodic request for disbursement or reimbursable advance
2 2 3 By October 1, 2005, submit a report outlining the project plans
goals and budget for the ensuing fiscal year, January 1 to
December 31 2006 including all documentation as required by
Section 36533 of the Act, as well as all other pertinent provisions of
the Act as amended
2 2 4 By March 30 2005 CCDBA shall submit to the Community
Development Director a statement of income and expense of
CCDBA covering the period from January 1 to December 31 2004,
certified by an independent Certified Public Accountant
CCDBA responsibilities pursuant to this Paragraph 2 2 shall be in
conformance with reasonable standards to the sole reasonable
satisfaction of the Community Development Director
PnrIP 9
d)uontract No 2004-241 I
2 3 CCDBA shall administer the entire work program in a prudent manner
within the budget attached hereto and made a part hereof as Exhibit A
CCDBA assumes responsibility for contracting for support services as
required and paying for all such direct out-of-pocket expenses as may be
necessary for the timely completion of work Obligations or expenditures
for items not budgeted shall not be paid through assessments collected for
the District
2 4 CCDBA shall maintain ongoing liaison with the community, which shall
include holding an annual public meeting to be noticed in writing to all
assessed business establishments in the District This meeting will be
conducted in the community in order to allow the business establishments
to familiarize themselves with CCDBA functions and to inform CCDBA of
their concerns and desires A representative of the Community
Development Director s office may attend as a member of the panel to
provide information as required
2 5 In addition to an annual work program and for each project to be
implemented CCDBA may choose to submit for the Community
Development Director's approval a focused project plan, including a
project budget and proposed project schedule Each project shall be
implemented within the budget amount specified If the budget amount for
any project is not sufficient, CCDBA has the authority to make reasonable
budget adjustments between several projects as necessary, not to exceed
twenty-five percent (25%) of each project total budget The projects shall
be as follows in no order of priority
2 5 1 Commercial Marketing
CCDBA shall develop a general commercial marketing program,
which may include such items as a public relations campaign,
institutional advertising, a community newsletter, and a business
directory and member mailing list of all businesses in the District
2 5 2 Special Events and Activities
CCDBA shall develop and carry out an annual program of special
events and activities, which may include such items as street fairs
carnivals, circuses, farmers market and other sales and
promotional activities
2 5 3 Beautification
CCDBA may develop and implement a physical beautification
program which may include items such as special event banners
ParipContract No 2004-241 I
and flags holiday lighting and decorations and other area wide
amenities as appropriate
2 5 4 Other
CCDBA shall provide for other organization related services
functional duties and expenses such as insurance,
bookkeeping/accounting printing postage, office supplies,
equipment and utilities as appropriate
2 6 CCDBA shall maintain tax-exempt status with the United States Internal
Revenue Service and the California State Franchise Tax Board for the
term of this Agreement CCDBA shall provide documentation of such
status to the City Treasurer prior to the disbursement of any funds to
CCDBA pursuant to this Agreement
2 7 CCDBA shall recommend to the City Council for appointment CCDBA
members who will act as a Business Improvement District Advisory Board
This committee shall be named the CCDBA BID Advisory Board
Committee Members of this committee shall be limited to representatives
of businesses that are within the District and are subject to the
assessments Members shall be in good standing with the District and
shall be current in regard to Culver City Business Tax, or any other debts
to CCDBA District or City
2 8 CCDBA and subcontractors and consultants if any shall be required to
obtain all necessary documentation including, but not limited to, any and
all certificates, licenses and permits required to do business in City A list
of said subcontractors and consultants shall be submitted to the City
Treasurer on a quarterly basis, commencing April 1, 2005
2 9 CCDBA shall pay to City all standard City fees including, but not limited to,
fees or service charges for photocopy and reproduction requests and
generation of real property parcel or business ownership lists, as
applicable
2 10 CCDBA understands and acknowledges that the CCDBA BID Advisory
Board Committee will be subject to all State and City laws and regulations
relating to government entities' conflict of interest, open meetings and
public records and hereby agrees to comply with all such laws and
regulations
Section 3 CITY RESPONSIBILITIES
3 1 City shall be responsible for mailing billings, for collecting the assessment
and for authorizing disbursements of funds collected to CCDBA
Paruz 4
D3Panp
Contract No 2004-241 I
3 1 1 Refunds and Adjustments
The City Treasurer shall reserve the right to retain a sum equal to
the amount of assessments known to be in dispute for a period of
forty-five (45) calendar days after the close of the fiscal year ending
on December 31 2004 as a contingency fund for the processing of
valid claims for refunds or adjustments submitted to City by
business establishments within the District City s standard policy
for processing claims for refunds or adjustments shall apply
3 2 The Community Development Director shall review CCDBA's quarterly
reports
3 3 Certain types of information obtained and possessed by City including but
not limited to, certain tax data have been determined to be confidential
information by the City Attorney and will not be made available to CCDBA
Notwithstanding, the City Treasurer's Office shall inform CCDBA when a
new business enters the District This shall occur each quarter The list
shall include a method by which CCDBA may contact a new business
3 4 City recognizes the CCDBA BID Advisory Board Committee as the BID
advisory board within the meaning of that term as referenced in Section
36530 of the Act
Section 4 DISBURSEMENTS
4 1 An amount proportionate to the total amount collected shall be disbursed
to CCDBA by the City Treasurer's Office, not to exceed the total budget as
approved by the City Council less two percent of the total assessment to
cover City expenses If CCDBA dissolves itself prior to or upon the
expiration of this Agreement any unexpended monies shall be returned to
the City Treasurer
4 2 On or before May 20 th and July 20 th of each year the City Treasurer's
Office will inform the Culver City Redevelopment Agency's Assistant
Executive Director of all assessment and penalty payments received by
the immediately respectively preceding April 30 and June 30 The City
Treasurer will also inform the Assistant Executive Director of the amounts
in the BID assessment and penalty accounts within thirty (30) City
business days after moneys within those accounts exceed Five Hundred
Dollars ($500 00) The Assistant Executive Director, upon receipt of any of
the forgoing information, can then request the City Treasurer's Office to
disburse such assessments and penalties to CCDBA through City's
standard disbursement processing proceduresContract No 2004-241 I
4 3 By the thirtieth (30th) day of the first month of each quarter, CCDBA shall
submit in duplicate a quarterly report to the Community Development
Director specifying Such report shall
1 Include the quarterly progress report including supporting
documentation of expenditures incurred in the previous quarter and
an itemized request for disbursement for the current quarter
2 Contain a statement by CCDBA certifying CCDBA staff time, if any,
expended and payment requested is for services performed in
accordance with the provisions of this Agreement
44 By the thirty-first (31st) day of July and prior to assignment of a
delinquency for collection, the City Treasurer's Office will provide a list of
delinquent businesses, as of the immediately preceding June 30 th, to
Agency s Assistant Executive Director for follow-up by her/him, as she/he
deems appropriate Such assignment for collection will not occur sooner
than thirty (30) City business days after submission of the list to Agency's
Assistant Executive Director-
Section 5 NOTICES
5 1 Notices to the parties shall, unless otherwise requested in writing, be sent
to
City
City of Culver City
Office of the Community Development Director
Attention Susan Evans, Community Development
Director
9770 Culver Boulevard 3 rd Floor
Culver City, CA 90232-0507
CCDBA
Downtown Culver City Business Association
Attention President
P0 Box 1322
Culver City CA 90232
Section 6 OWNERSHIP OF DOCUMENTS
6 1 The work product prepared or acquired by CCDBA pursuant to this
Agreement including but not limited to, any and all data documents,
memoranda, sketches, drawings photographs, audio tapes video tapes,
computer disks designs plans, reports, investigations and materials
(collectively and individually the Work Product ) shall be and shall remain
property of City and the District for the exclusive use of the District
CCDBA shall have the right to retain copies of the Work Product CCDBA
PPrIPContract No 2004-241 I
acknowledges that the Work Product shall be and shall remain
confidential to the extent permitted by law and shall not be made
available to any individual or organization without the prior written consent
of City The Work Product shall upon demand of City, be delivered to City
without additional cost or expense to City
Section 7 CONFLICT OF INTEREST
7 1 For the duration of this Agreement, CCDBA or its employees will not act
as consultant or perform services or any kind for any person or entity in
regard to the District without the prior written consent of City In addition,
neither members of the Board of Directors of CCDBA nor paid staff, if any,
may enter into any contract on behalf of CCDBA nor vote on any District
matters when such contract or matter would be of financial benefit to the
member of the Board of Directors over and above the general financial
benefit to all businesses in the District
Section 8 COST RECORDS
8 1 In accordance with generally accepted accounting principles, CCDBA
shall maintain full and complete records of services performed under this
Agreement Such records shall be open to the inspection of City and shall
be kept for a 5-year period in case of audit
8 2 The records maintained by CCDBA shall include all receipts for
expenditures incurred City reserves the right for the Community Director
to perform a contract compliance audit at any time during the fiscal year
CCDBA agrees to keep all receipts and other supporting documents
available for inspection during said audits
Section 9 EQUAL OPPORTUNITY PROGRAM
9 1 Nondiscrimination and Affirmative Action
CCDBA shall comply with the applicable nondiscrimination and affirmative
action provisions of the laws of the United States of America, the State of
California and City In performing this Agreement, CCDBA shall not
discriminate in its employment practices against any employee or
applicant for employment because of such person's race, religion, national
origin, ancestry, sex, sexual orientation, age, physical handicap marital
status or medical conditions
Section 10 AMENDMENTS
10 1 City periodically may request change in the scope of services to be
performed hereunder Such changes, which are mutually agreed upon by
Pnrip 7
afoContract No 2004-241 I
and between City and CCDBA shall be incorporated in written
amendments to this Agreement
102 This Agreement may not be amended except in writing by mutual
agreement of both parties A failure to object to a breach of this
Agreement shall not constitute an amendment thereof nor shall it waive
any future breach of this Agreement
Section 11 INSURANCE
11 1 Without limiting its obligations pursuant to Section 12 of this Agreement,
CCDBA shall submit proof of Comprehensive General Liability insurance
of minimum One Million Dollars ($1,000,000) single limit coverage, or
statutorily required amounts, whichever is greater Proof of insurance
shall consist of a Certificate of Insurance and City's Special Endorsement
Form attached hereto as Exhibit "B,' executed by CCDBA's insurer in
amounts satisfactory to, and in a form approved by the City Attorney
Section 12 INDEMNITY 1
12 1 Except for the active negligence or willful misconduct of City, CCDBA
undertakes and agrees to defend, indemnify and hold harmless City the
CCRA and each of their officers, agents, employees, assigns and
successors in interest from and against all suits and causes of action
claims losses demands and expenses including but not limited to
attorney s fees and cost of litigation damage or liability or any nature
whatsoever, for death or injury to any person, including CCDBA's
employees and agents, or damage or destruction of any property of either
party hereto or of third parties arising in any manner by reason of the acts,
errors omissions or willful misconduct incident to the performance of this
Agreement by CCDBA or its subcontractors of any tier
City does not waive any rights against CCDBA which it or the CCRA may
have by reason of the above hold-harmless clause due to the acceptance
by City of insurance policies described herein
In the event CCDBA, City and/or CCRA are sued by a third party for
damages caused or allegedly caused by of CCDBA or by a dangerous
condition of City s or CCRA s property created by CCDBA or existing while
the property was under the control of CCDBA, CCDBA shall not be
relieved of its indemnity obligation to City or CCRA by any settlement with
any such third party unless that settlement includes a full release and
dismissal of all claims by the third party against City or CCRA
Section 13 ASSIGNMENT
Panp R
alr -,
Contract No 2004-241 I
13 1 CCDBA covenants and agrees it will not assign or transfer its rights under
this Agreement, either in whole or in part, without first obtaining the written
consent of City which consent may be granted or denied at the sole and
absolute discretion of City Any attempt by CCDBA to assign or transfer
its rights or obligations without such prior written consent shall be null and
void and may at the option of City, automatically terminate this
Agreement
Section 14 ASSETS OF THE DISTRICT
14 1 In the event the District is disestablished or otherwise discontinued then
the existing assets of the District shall be the property of City However,
said assets shall only be used (1) to pay City any outstanding sums due to
it by the District and (2) to disburse the remaining assets after payment to
City by the then current members of the District on a pro-rata basis
Section 15 ATTORNEY FEES
15 1 If any action is brought in law or equity to enforce or interpret the
provisions of the Agreement then the prevailing party shall be entitled to
reasonable attorney fees in addition to any other relief to which it may be
entitled
Section 16 SEVERABILITY
16 1 If any clause, provision, or section of the Agreement shall be ruled invalid
by any court of competent jurisdiction, then the invalidity of such clause
provision or section shall not affect any of the remaining provisions hereof
Section 17 WAIVER
17 1 Waiver by either party of any breach of any term, covenant or condition
herein contained shall not be deemed a waiver of such term covenant or
condition or any subsequent breach of the same or any other term,
covenant or condition herein contained
Section 18 SECTION HEADINGS
18 1 The section headings of the Agreement are for convenience and reference
only and shall in no way be deemed to define, limit or add to the meaning
of any provision of the Agreement
Section 19 GOVERNING LAW/COMPLIANCE WITH LAWS
19 1 The Agreement shall be governed by and construed in accordance
independent with the laws of the State of California The parties hereto
Pari g. q
a\. .Contract No 2004-241 I
agree to be found by all federal state and local laws, ordinances
regulations and directives pertaining to the services to be performed
hereunder All disputes arising hereunder shall be resolved n Los Angeles
County
Section 20 COUNTERPARTS
20 1 The Agreement may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same
instrument
diBy
STEVEN J RO , Mayor
APPROVED AS TO FORM
7Aj
CAROL SCHWAB
City Attorney
City Controller Community Dev Director
Parip 11
Contract No 2004-241 I
Section 21 EXTENT OF AGREEMENT
21 1 The Agreement represents the entire and integrated agreement between
City and CCDBA and supercedes any and all prior negotiations,
representations or agreements either oral or written
IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CULVER
CITY acting by and through its Mayor and the CULVER CITY DOWNTOWN
BUSINESS ASSOCIATION acting by and through its President and Vice-
President or Secretary
2004 CITY OF CULVER CITY a municipal
corporation of the S - forma
Date
ATTEST
CHRISTOPHER ARMENTA
City Clerk
bLit g-(1 VA (
APPROVED AS TO CONTENT APPROVED AS TO FINANCING
CULVER
BUSIN
Date t 2004 By
DOWNTOWN
IATI N
President
Date , 2004 By ItsRESOLUTION NO 2005-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, CONFIRMING THE
BUSINESS IMPROVEMENT DISTRICT ADVISORY
BOARD'S ANNUAL REPORT AND THE LEVY OF THE
DOWNTOWN CULVER CITY BUSINESS IMPROVEMENT
DISTRICT ASSESSMENT FOR 2006
WHEREAS, the Parking and Business Improvement Area Law of 1989
(California Streets and Highway Code §§36500 et seq ) (the BID Law") authorizes cities to
establish parking and business improvement areas for the purpose of imposing
assessments on businesses for certain purposes,
WHEREAS, on December 11, 2000, the City Council approved and adopted
Ordinance No 2000-027 that repealed Ordinance No 98-011 and established revised
regulations by which the Downtown Culver City Business Improvement District (the
District ) was to operate
WHEREAS, pursuant to the agreement between the City and the Downtown
Business Association the Culver City Business Improvement District Advisory Committee
shall be designated by the City Council as the Advisory Board required by the BID Law,
WHEREAS, on November 14, 2005, the City Council of the City of Culver
City (the Council ) approved the District's Annual Report (work program and budget),
prepared by the Culver City Business Improvement District Advisory Committee (the
'Committee ) and established December 12, 2005 as the date for a public hearing to
continue the District, and
WHEREAS, on December 12, 2005, after conducting a duly noticed public
hearing the Council confirmed the Committee s Annual Report and, after determining there
I|1010101010101010 10
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- 1was no majority protest decided to continue the Downtown Culver City Business
Improvement District, and
WHEREAS, Section 9 c of Ordinance No 2000-027, requires the adoption of
this resolution in order to levy assessments for the subject calendar year
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows|109| The Council hereby determines there was no majority protest|109| The Council hereby establishes the assessments shall be applied to
businesses located within the boundaries of the District, in classifications and amounts set
forth in Exhibit A," which is attached hereto and incorporated by reference as though fully
set forth herein|109| This resolution shall become effective upon signature
APPROVED and ADOPTED this day of 2005
ALBERT VERA, MAYOR
City of Culver City California
ATTEST APPROVED AS TO FORM
CHRISTOPHER ARMENTA, City Clerk
CAROL A SCHWAB, City Attorney
A04 00961
-2-
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(jam)I
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PROPOSED
DOWNTOWN CULVER CITY
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ail
please file the torn even if you do not examdtbs snot* receipts test
f you are not requre4 to Me, amply etteohvbe label prneLded, cheek MO
.ox in the hamming to r4icate that YOUr
annual gross receipt* are normally
2$ 000 or leee end riga the return
If a return isrpnir.d, it must be filed by the iSta day Of the fxfth
tenth after the and of I your =mei accoUnting Period, A penalty of $20 a day
charged when a roma= us tiled lets, unless there la reesonable cause for
he delay Rewever the maidaum penalty charged esmast emceed $10,006 or 6
7'
Letter 94s U>DtC311+=ea.|1010|)0
-1999 12 51
EPEO
Si3 694 6939 P kr.,01
•
-2-
ER CITY DOWNTOWN RUpTESS
ent of your groom nice:4U for
the year, Vexchever is Xeag rev
umisations with gruei
redeipte exceed:nog $1,000,000
La any year. the
ilty le $100 per daylper return, unless there
i*
reasonable cause tor the
Ly The maxsaus penalty for as o ggaratatialt
with gram receipt* 'mope-din-0
Mt 000 shell not ex4sed
ro0,000 This penalty
ray also be charged if a
Irn Is not compete,Ima pima
be sure your return is
complete before you
it
You are not required to fsle radar-al income tax returns unless
you ard
lect to the tax on unrelated businesa income under aert im 511
of
the code
19011 are subject to this ter,
yea must
file an intone tax return on Form
T, Exempt Organiza4on nosiness Inotee Tax Return
DI thie Uttar we are
determining Whether any of your present
or preposed aotiwitlea are unre.
wd trade or Susi:as/solute defined in section %13 of the Coda
You are required tpt wake your annual return
available for public
?action fee three mere after the return is due. YOU are also required
sake available eepr of your exesptaos apaioation, erY emPlbortzolt
ameots, and tha.s extioe letter Failure to sake thee&
documents
aehle for publicipctioo say subJeCt you to a penalty of
$20 par day
day there is a faiture to comply
(up to a maxim= of
$10.000 it that cane
an annual return)
ou need an employer sdentiftextbmInncher even if YOU heVe
no anplOYeen
eMployst identifiloation number was not enterod
on your epplacetiOn
umber will be spawned to you end you will be advised of it 9164,6 net
t number on all rstdrns you file and
in all correspondence el.th the Interne
&nue Servits 1
It we have indlcatat the beading of tbus letter that an addondum
lies, thm ancloeed addendum ie an LemagraL part of thie letter
$410esee this latter could help resolve any questions abeRC )042ur exempt
tus, you should kin* it in your pennon:tent records
It you have any esticem, please contaet the person whose name and
sphose nunber are Lit the headsng of this letter
Sincerely yours,
_ or
District MIL=
Letter 94s
(00/eGINSURANCE BINDER
I DATE PaVDDOM
NO -
7SEP 30 09
)ER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THETONDMONS SHOWN ON THE REVERSE SIDE OF THIS FORM
-2
"AinEfl
310422 1301 COMPANY BINDER,
CE MILKERS, PAC. United States Liability his. Co. 19397
THIS BINDER IS MEWED TO IECTEND COVERAGE IN THE ABM NAMED COMPANY
PER EXPIRING PO= k
SUB CAGE
27735
:ITY DOWNTOWN BUSINESS
noN
1322
l'ITY CA 90232
CESCRPTION OF OPERATIONSNEHICLESPROPEITIY (Wham Imam)
BUSINESS ASSOCIATION
N001038888C
-
AND AVE STE 210 CA LIC 01228708
DATE EFFECTIVE PIE
X NIL
4130 CA 90245-1758
310-322 1301
322 1302
SEP 27 05
12 01 PM
DATE EXPIRATION Toe
1201 AM
DEC 24 05
NOON
ADDITIONAL INSURED
0072477
14HC(C)//(14-
NOTE. IMPORTANT STATE INFORMATION ON REVERSE SU1E
i ACORD CORPORATION 1993
DON
D 75-5 (2001101)
& ADDRESS|1010| LIMITS
OF INSURANCE COVERAFO UCTIBEE CORM% AMOUNT
CAUSES OF LOSS NOT INCLUDED
C I !BROAD 1 SPEC .
LIARanY
IERCIAL GENERAL LIABILITY
NON PROFIT DIRECTORS & OFFICERS ummury
SUBJECT TO A $0 PER CLAIM DEDUCTIBLE
RETRO DATE FOR CLAMS WOE.
,
EcH occuRRENcE
$ tom 000
CIAMNSE TO RENTED PREMISES ow iNcumED
CLAIMS MADE I I OCCUR.
MESCAL EXPENSE (Any one parson) war IficLuDED
3N PROFIT 050
PERSONAL & ADV ILIURY
*JOT INCLUDED
CENERALAGGFIEGATE 0 1,000 000
PRLOUCIS COMPIOP AGG INOT INCLUDED
ILE LIABILITY
AUTO
OWNED AUTOS
— ED AUTOS
'OS
4-uWNED AUTOS
NOT INCLUDED
COMBINED SINGLE LW s
BODILY UUURY(Ps- mum) $
BODLY tNJURY (Per a=dant) S
PROPERTY DAMAGE IS
MEDICAL PAYMENTS 0
PERSONAL MAY PROT i
UNIRSURED MOTORIST 6
YSICAL DAMAGE DEDUCTIBLE
LUSION.
I ALL VEHICLES I [SCHEDULED VEHICLES ACTUAL CASH VALUE
$
NOT INCLUDED
STATED AMOUNT
rIER THAN COLL
OTHER
LIABILITY
re AUTO
NOT INCLUDED
AUTO ONLY EA ACCIDENT $
OTIBI THAN AUTO ONLY*
EACH ACCIDENT $
AGGREGATE II
LIABILSTY
MELIA FORM
HER THAN UMBRELLA FORM
NOT INCLUDED
RETRO DATE FOR CLAIMS MADE
EACH OCCURS.= $
AGGREGATE II
SELF-NISORED RETENTION 0
WORKER'S COMPENS,,TION
AND
BAPLOYF_WS LIABILITY
NOT INCLUDED
lac sr/LB:row uurrs
EL EACH ACCIDENT i
El DISEASE EACH EMPLOYEE $
EL DISEASE POLICY LSAT
$
SUBJECT TO CARRIER'S TIMELY RECEIPT OF THE PREMIUMffl )Nal
;ES
REES
$
TAXES
$
ESTIMATED TOTAL FREIMAN 0BRANCH NAME AND SERVICING ADDRESS I
Lutali GROUP-SOUTHERN CA-SOUTH
P 0 BOX 10197
JACKSONVILLE FL 32247-0197
(800) 800-3907
POLICY PERIOD
FROM
TO
04/09/2005 - UNTL CANCELLED/
1 2.0 1 am. NON—RENEWED
NAMED INSURED AND MAILING ADDRESS
)0WNT0VIN CULVER CITY BUSINESS ASSOCIATION
3 0 BOX 1322
'ALVER CITY CA 90232-1322
AGENCY NAME AND SERVICING ADDRESS I
ACORDIA OF CALIFORNIA INSURANCE SERVICES INC
15303 VENTURA BLVD FL 7
SHERMAN OAKS CA 91403-3110
(818) 464-9300
FIOLICY NUMBER PI: IODUCBT M103/31 ACCOUNT NUMBER MEW
,
PAS 34767088 13473665 M007140296-001-00001 NONE
ZURICH GROUP-SO
ANNIVERSARY EFF 04/09/2006
ZURICH
MARYLAND CASUALTY COMPANY
PRECISION PORTFOLIO POLICY - COMMON DECLARATIONS
PRECISION AMERICA
OFFICE PROGRAM
its policy consists of the declarations as well as the coverage forms and endorsements
ted on the Forms and Endorsements Applicable List
BUSINESS ENTITY CORPORATION
POLJCY PREMIUMS
In return for the payment of the premium and subject to all the terms of this policy
we agree with you to provide the insurance as stated in this policy
This policy consists of the following coverage parts. This premium may be subject to
adjustment
PREMIUM
COMMERCIAL PROPERTY AF) GETIMAL LIABILITY
$ 740 00
FEDERAL TERRORISM PR011 1111
$ 10 00
TOTAL ANNUAL PREMIUM
$ 750 00
MINIMUM PRBIl
uountersigned by Authorized Representative Date
1•111n /WS.
1 I des pynght dintnI af In ance Server.es Office I c,„ wti rt p on
U.
pynght, I era es S mess Office I c 1984
r r ona nv 1992BEL POLICY AMBER PRODUCER NUMBER ACCOUNT' NUMBER AUDIT
D PAS 34767088 13473665 M007 140296-001-00001 NONE
B
RANCH Z2 ZURICH GROUP-SO AINIVERSARY EFF 04/06/2006
ZURICH
PRECISION PORTFOLIO POLICY
COMMERCIAL GENERAL LIABILITY DECLARATIONS
PRECISION AMERICA
OFFICE PROGRAM
This coverage part consists of this declarations form the common policy conditions and
the coverage forms and endorsements indicated as applicable on the forms list
coveRAGEs AND MAWS OF iNsuRANce
Some of these coverages are sublimits or are subject to aggregate limits Refer to your
policy to determine how they apply
GENERAL AGGREGATE $2 000 000
PRODUCTS AND COIPLETED OPERATIONS AGGREGATE $2 000 000
EACH OCCURRENCE $1 000 000
TENANTS LEGAL LIABILITY
$1 000 000
MEDICAL EXPENSES - EACH PERSON
$ 10 000
PERSONAL INJURY AND ADVERTISING INJURY $1 000 000
HIRED AND NON-OWNED AUTOMOBILE LIABILITY $1 000 000
COMMERCIAL GENERAL LIABILITYAttachment No 8
BID ADVISORY BOARD RECOMMENDATIONS — 2006
ANDREW WEISSMAN/ATTORNEY — CHAIR
KAMAREN HENSON/WONDERFUL WORLD OF ANIMATION
GREG REINER/THE ACTORS GANG
JIM RODRIGUES/SANTA MARIA BBQ
GERALD WEINER/ATTORNEY
31