HomeMy WebLinkAboutPINNACLE PETROLEUM, INC. - 2007-07-16 Council/Agency Meeting Held:
Deferred/Continued to:
�Appr ve ❑ Conditionally Approved ❑ Denied ttf'City lerIASigna e
Council Meeting Date: 7/16/2007 Department ID Number: ED 07-21
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE M YOR ND I COUNCIL MEMBERS
SUBMITTED BY: NELOP�E CULBRETH-GRAFT DPA, CITY ADMINISTRATOR
PREPARED BY: STANLEY SMALEWITZ, ECONOMIC DEVELOPMENT DIRECTOR
SUBJECT: APPROVE SALES TAX SHARING AGREEMENT WITH PINNACLE
PETROLEUM
=tatementof Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Pinnacle Petroleum, a California Corporation, is currently located in
the City of Seal Beach. In 1998, Seal Beach attracted them from their then Huntington
Beach offices with a 30% sales tax rebate, at a time when Huntington Beach was offering
only a 20% rebate. Now the principals of Pinnacle, who are residents of Huntington Beach,
are willing to move their offices back to the City if we will match their current 30% rebate, as
that helps keep them competitive in the petroleum broker industry. It is estimated that
Pinnacle Petroleum generated over $400,000 in local sales tax in the past four quarters, and
they project continued strong growth for their company.
Funding Source: General Fund revenues with a formula that reimburses a 30% portion
of the sales tax generated by Pinnacle Petroleum. Funds are included in the 2007-08
Economic Development Department budget request.
Recommended Action: Motion to:
Approve the attached sales tax sharing agreement between the City of Huntington Beach
and Pinnacle Petroleum and authorize its execution by the Mayor and City Clerk.
Alternative Action(s):
Do not approve the attached sales tax sharing agreement with Pinnacle Petroleum.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/16/2007 DEPARTMENT ID NUMBER: ED 07-21
Analysis: The proposed sales tax sharing agreement with Pinnacle Petroleum is for a
period of 10 years commencing the first day of the month following their relocation to
Huntington Beach. Pinnacle Petroleum is interested in purchasing a building to house its
operations and 10 employees, and this agreement anticipates that relocation will take place
within one year of approval of this agreement. All costs associated with the acquisition,
relocation and establishment of Pinnacle Petroleum in Huntington Beach are the full
responsibility of the company.
Pinnacle Petroleum, a provider of gas and oil products for government and corporate fleets,
saw its revenues more than double last year according to a recent article in the Orange
County Business Journal. This article listed the top 29 women-owned businesses based on
revenues and Pinnacle Petroleum is #5 in Orange County. It is a 100% woman-owned
business that was started in 1995 in Huntington Beach, where it operated until its move to
Seal Beach in 1998. At that time, the City was negotiating with Pinnacle Petroleum to retain
the company, but Seal Beach offered substantially more incentives and Pinnacle Petroleum
felt it had to take advantage of those financial incentives to remain competitive; especially
since Huntington Beach had approved a sales tax sharing agreement with one of Pinnacle
Petroleum's direct competitors, Team Petroleum. After losing Pinnacle Petroleum, the City
conducted a survey of other cities, discussed the results with the City Council's Economic
Development Committee and generally increased our offer to subsequent companies to 30%.
The City has approved three sales tax sharing agreements and two are still active-- Applied
Computer Solutions and Huntington Beach Union High School District (for the Home Depot
store on surplus Ocean View High School land). The third agreement, with Team Petroleum,
was operative from 1998 until they went out of business in September 2002.
Under this and each of our sales tax sharing agreements, the City makes quarterly payments
to the respective business only after receipt of the City's share of sales tax generated by the
business. In this way, no City funds are put at risk.
Strategic Plan Goal: "Financial: Create long-term financial strategies for funding the backlog
of capital projects and maintenance requirements, and ensuring sufficient reserves to
withstand major revenue fluctuations in order to ensure continuation of city services during
economic downturns."
Environmental Status: Not applicable
Attachment(s):
NumberCity Clerk's
Page . Description
1. Sales tax agreement between City and Pinnacle Petroleum
-2- 7/2/2007 9:48 AM
ATTACHMENT 1
SALES TAX AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
PINNACLE PETROLEUM, INC.
THIS SALES TAX AGREEMENT ("Agreement") dated as of
��� / ��, is entered into by and between the CITY OF HUNTINGTON
BEA :H, a municipal corporation of the State of California("City"), and PINNACLE
PETROLEUM, INC., a California corporation("Business Owner" or"PPI").
RECITALS
A. Business Owner is in the business of selling refined Petroleum Products.
Business Owner's current point of sale for purposes of the Uniform Local Sales and Use
Tax Law is located at 1500 E. Pacific Coast Highway, Seal Beach, California.
B. Business Owner is currently contemplating relocating its business to a
location in Huntington Beach coinciding with an opportunity to purchase an office
building for its primary business location in Huntington Beach.
C. City recognizes that relocation of Business Owner to Huntington Beach
will contribute to the economic vitality of the City, provide additional jobs, expand the
City's tax base and otherwise improve economic and physical conditions in the City.
D. In order to induce the Business Owner to relocate its business to
Huntington Beach, the City is willing to provide financial assistance to the Business
Owner as described in this Agreement, provided that Business Owner relocates its
primary office to Huntington Beach and continues to sell refined Petroleum Product
within the City during the Operating Period.
E. By its approval of this Agreement, the City Council of the City of
Huntington Beach finds and determines that this Agreement serves a valid public purpose
through expanding economic opportunities for businesses in the City, expanding the
City's employment base, and generating Sales Tax that City can utilize to fund general
governmental services such as police, fire, street maintenance, and parks and recreation
programs. City and Business Owner have agreed that the respective considerations are a
fair exchange.
F. The City has found that it is of benefit to the City and its citizens that
certain obligations be imposed upon Business Owner's future place of business to ensure
Petroleum Product sales and the resulting sales-tax revenues to the City.
NOW, THEREFORE, based upon the foregoing Recitals and in consideration of
the mutual covenants and conditions hereinafter set forth, Business Owner and City agree
as follows:
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DEFINITIONS.
The capitalized terms and words used in this Agreement shall have the following
meanings unless expressly provided to the contrary.
1.1 "Commencement Date" means first day of the month following Business
Owner's relocation of its primary business office to Huntington Beach.
1.2 "Event of Default"means any event so designated in this Agreement.
1.3 "Fiscal Year"means the City's Fiscal Year of October 1 through
September 30.
1.4 "Laws"means all statutes, laws, ordinances, regulations, orders, writs,
judgments, injunctions, decrees or awards of the United States or any state, county,
municipality or other Governmental Agency.
1.5 "Operating Period" means the period beginning with the Commencement
Date and expiring ten(10) years later.
1.6 "Party"means any party to this Agreement. The "Parties" shall be all
parties to this Agreement.
1.7 "Penalty Assessments"means penalties, assessments, collection costs and
other costs, fees or charges resulting from late or delinquent payment of Sales Tax and
which are levied, assessed, or otherwise collected from the business on the Site owning or
obligated to pay Sales Tax.
1.8 "Person"means any entity, whether an individual, trustee, corporation,
partnership, trust, unincorporated organization, governmental agency or otherwise.
1.9 "Sales Tax Increment"means that portion of taxes derived and received
by the City of Huntington Beach from the imposition of the Bradley Burns Uniform
Local Sales And Use Tax Law, commencing with Section 7200 of the Revenue and
Taxation Code of the State of California, as amended, or its equivalent, arising from all
businesses and activities conducted on the Site. Sales Tax Increment shall not include
Penalty Assessments, any Sales Taxes levied by, collected for or allocated to the State of
California,the County of Orange, a district or any other entity, notwithstanding that such
funds received by City are derived or measured by such other entity based upon Sales
Taxes. The Sales Tax Increment shall not exceed one percent(1%) upon taxable sales
and uses on the Site.
1.10 "Site"refers to the property within the city of Huntington Beach where
Business Owner will relocate to conduct Petroleum Product Sales in the future.
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1.11 "Sales Tax" means the tax derived from the Business Owner's business
conducted on the Site and a portion of which is allocated to and received by the City
pursuant to the Uniform Local Sales and Use Tax Law, commencing with California
Revenue and Taxation Code Section 7200 et seq., as amended.
2. THE PARTIES
2.1 Business Owner. Business Owner Pinnacle Petroleum, Inc., a California
corporation whose mailing address for purposes of this Agreement is: 6212 Oakbrook
Circle, Huntington Beach, California 92648. Wherever the term"Business Owner" is
used in this Agreement, the term shall be deemed to refer to Pinnacle Petroleum, Inc.
Business Owner may not assign the rights and obligations of this
Agreement to any other person without the written consent of the City, which consent
may be withheld in City's sole and absolute discretion.
By executing this Agreement, Business Owner warrants and represents to
City that it has the full power and authority to enter into this Agreement and that all
authorizations and approvals required to make this Agreement binding upon Business
Owner have been duly obtained.
2.2 The City. The City is a municipal corporation, duly organized and
existing pursuant to its Charter.
3. OBLIGATIONS OF BUSINESS OWNER
3.1 Agreement. Business Owner hereby covenants and agrees to relocate its
business to the Site and use the Site as its primary business location during the Operating
Period.
3.2 Site. Business Owner shall, within a reasonable time, not to exceed one
year from approval of this document by the City Council of the City of Huntington
Beach, relocate its Business to the Site. If Business Owner is unable to purchase a Site in
Huntington Beach, Business Owner and the City Administrator or his or her designee
shall help identify an alternative site within the City of Huntington Beach. If said
negotiations are unsuccessful, either party may terminate this Agreement upon thirty(30)
days' written notice to the other party.
3.3 Maximize Sales Tax. During the Operating Period, Business Owner shall
use its best efforts, consistent with the requirements of law,to designate the Site as the
point of sale in all sales of its products.
3.4 Indemnification. From the Commencement Date of this Agreement
through the termination date, Business Owner shall indemnify, defend, and hold harmless
City and its officers, employees and agents, from and against all liabilities, obligations,
claims, damages, penalties, causes of action,judgments, costs and expenses (including,
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without limitation, reasonable attorneys' fees and expenses) (collectively "Claims")
imposed upon or incurred by or asserted against City arising out of any act or omission of
Business Owner its business; provided, however, that the aforesaid obligations of
Business Owner shall not apply to the extent any Claim results from the active negligence
or intentional misconduct of City or any of City's officers, employees, agents, or
contractors. In the event that any action, suit or proceeding is brought against City by
reason of any such occurrence, Business Owner, upon City's request, will, at Business
Owner's expense, defend such action, suit or proceeding at its sole cost.
3.5 Insurance. Business Owner shall take out and maintain in effect through
the Operating Period, at Business Owner's sole cost and expense, the following insurance
policies in the minimum amounts specified and in the forms provided below:
(1) Comprehensive General Liability in an amount of not less than One
Million Dollars ($1,000,000) combined single limits for each occurrence for bodily
injury, personal injury, and property damage including contractual liability.
(ii) Workers' Compensation as required by the Labor Code of the State of
California and Employers' Liability insurance in an amount not less than Two Hundred
Fifty Thousand Dollars ($250,000).
3.6 Local, State and Federal Laws. Business Owner shall carry out the
operation of the business in conformity with all applicable local, state and federal laws.
3.7 Anti-discrimination. Business Owner shall not discriminate against any
employee or applicant for employment because of age, sex, marital status, race, handicap,
color, religion, reed, ancestry, or national origin.
3.8 Business Owner's Representations and Warranties. Business Owner
makes the following representations and warranties as of the date of this Agreement and
agrees that such representations and warranties shall survive and continue thereafter but
shall not be remade after the date of this Agreement.
3.8.1 No Litigation. There is no litigation, action, suit, or other
proceeding pending or threatened against the Business Owner or the Site that may
adversely affect the validity or enforceability of this Agreement or sale of the refined
Petroleum Product at the Site. To the best of Business Owner's knowledge, Business
Owner is not in violation of any statute, law, regulation or ordinance, or of any order of
any court or governmental entity the effect of which would prohibit the Business Owner
from performing its obligations hereunder.
3.8.2 Authority. Business Owner has complied with all governmental
requirements concerning its organization, existence and transactions of refined Petroleum
Products. Business Owner has the right and power to own and operate its business as
contemplated in this Agreement.
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3.8.3 No Breach. To Business Owner's knowledge, none of the
undertakings contained in this Agreement violate any applicable governmental
requirements, or conflicts with, or constitutes a breach or default under, any agreement by
which the Business Owner is bound or regulated.
3.8.4 Warranty Against Payment of Consideration for Agreement.
Business Owner warrants that it has not paid or given, and will not pay or give,to any
third person, any money or other consideration for obtaining this Agreement, other than
normal costs of conducting business and costs of professional services such as
accountants and attorneys.
3.9 Release of City Officials. No member, official, agent, employee, or
attorney of the City shall be personally liable to Business Owner, or any successor in
interest of the Business Owner, in the event of any default or breach by the City or for
any amount which may become due to the Business Owner or its successors, or on any
obligations under the terms of this Agreement. The Business Owner hereby waives and
releases any claim it may have personally against the members, officials, agents,
employees, consultants, or attorneys of the City with respect to any default or breach by
the City or for any amount that may become due to the Business Owner or its successors,
or on any obligations under the terms of this Agreement.
3.10 Reports. Within ten(10) days of filing each report with the State Board of
Equalization, Business Owner shall provide to the City true and correct copies of all
reports filed by Business Owner with the State Board of Equalization in order to allow
the City to preliminarily determine the amount of Sales Tax paid by Business Owner on
account of sales from the Site;provided, however,that the City shall not be deemed to
have received any Sales Tax until the City actual receipt thereof.
3.11 Participation in Fuel Procurement Activities. Business Owner retains all
right to participate in the City's petroleum product and fuel procurement activities.
4. OBLIGATIONS OF CITY OF HUNTINGTON BEACH
4.1 Tax Rebate. Within thirty (30) days after the City confirms its receipt of
Sales Tax paid by Business Owner on account of sales from the Site during the Operating
Period, the City shall pay to Business Owner on a quarterly basis financial assistance in
an amount equal to thirty percent (30%) of annual Sales Tax Increment generated by the
Business Owner within the City of Huntington Beach and actually received by the City.
4.2 City's Obligation to Provide Assistance Conditional on Sales Tax
Increment. The City's obligation to provide Business Owner with assistance pursuant to
4.1 is conditioned upon Business Owner producing Sales Tax Increment each Fiscal
Year. To the extent Business Owner does not produce Sales Tax Increment,then the tax
rebate obligations herein shall be reduced to zero.
5
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4.3 Annual Adjustment. Promptly after each fiscal year of the City which
includes a portion of the Operating Period, the City shall determine with respect to that
fiscal year the aggregate amount of Sales Tax received by the City and the aggregate
amount of financial assistance payments made to Business Owner pursuant to Section
4.1. If for any reason(including but not limited to reporting errors or other adjustments)
the aggregate amount of payments by the City with respect to that fiscal year is less than
the aggregate amount payable with respect to that fiscal year, the City shall pay to
Business Owner an adjustment payment equal to the amount of deficiency; if for any
reason(including but not limited to reporting errors or other adjustments) the aggregate
amount of payments by the City with respect to that fiscal year is more than the aggregate
amount payable with respect to that fiscal year,then the amount of the excess shall be
applied against the next payments due under Section 4.1, except that if any unapplied
excess remains after the Operating Period, Business Owner shall pay the amount of the
unapplied excess to the City upon demand.
4.4 Legal Challenge. Should any third party successfully challenge the
validity of this Agreement through a taxpayer suit or otherwise, either party may
terminate this Agreement upon thirty (30) days written notice.
4.5 Contingent Liability and Limitations. The tax rebate obligations of the
City of Huntington Beach shall be subject to the provisions of City Charter Section 605,
regarding annual budget appropriations, nor be payable for a period in excess of the ten-
year operating period after relocation to the new site.
5. DEFAULTS AND REMEDIES
5.1 Events of Default. The following shall initiate the default sequence:
(a) If Business Owner materially breaches any of its obligations under
Sections 3.1 through 3.7 of this Agreement.
(b) If Business Owner is found by a trier of fact, after hearing,to be in
violation of any Local, State or Federal law.
(c) If Business Owner is found by a trier of fact, after hearing, either
to be in violation of any anti-discrimination regulation or to be liable in a suit for
discrimination.
(d) If Business Owner fails to provide the City with copies of the
quarterly(or, if applicable, monthly) Board of Equalization reports filed by its Business
Owner.
(e) If City fails to time pay its obligations hereunder.
6
07-937/11844
When any of the initiating events occur, City or Business Owner may give the other
written notice to cure. Where such act or omission is not cured within thirty (30) days
after that Party's receipt of written notice that such obligation was not performed, it shall
constitute an Event of Default; provided that, if cure cannot reasonably be effected within
such 30-day period, such failure shall not be an Event of Default so long as the Party
promptly (in any event, within 10 days after receipt of such notice) commences cure, and
thereafter diligently(in any event within 10 days after receipt of such notice) commences
cure, and thereafter diligently(in any event within a reasonable time after receipt of such
notice)prosecutes such cure to completion.
5.2 Remedies Upon Default. Upon the occurrence of any Event of Default,
and thirty(30) days after written notice of default, and after a reasonable opportunity to
cure such default, City or Business Owner, as appropriate, may terminate this Agreement
and file any action available in law or equity.
6. GENERAL PROVISIONS
6.1 Time of the Essence. Time is of the essence of this Agreement and all
Parties' obligations hereunder.
6.2 Venue. In the event of any litigation hereunder, all such actions shall be
instituted in the Superior Court of Orange, State of California, or in an appropriate
municipal court in the County of Orange, State of California or an appropriate Federal
District Court in the Southern District of California.
6.3 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
6.4 Execution in Counterparts. This Agreement may be executed in two or
more counterparts, each of which shall be an original, but all of which shall constitute
one and the same instrument.
6.5 Attachments Incorporated. The Attachment to this Agreement is
incorporated herein by this reference.
6.6 Copies. Any executed copy of this Agreement shall be deemed an original
for all purposes.
6.7 Severability. If any one or more of the provisions contained herein shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability, unless it affects the substantial rights of a party
or defeats the purpose of this Agreement, shall not affect any other provision of this
Agreement, but this Agreement shall be construed as if such invalid, illegal or
unenforceable provision has not been contained herein.
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07-937/11844
6.8 Interpretation. The language in all parts of this Agreement shall in all
cases be construed as a whole according to its fair meaning, and not strictly for or against
any party. When the context of this Agreement requires,the neuter gender includes the
masculine,the feminine, a partnership or corporation of joint venture or other entity, and
the singular includes the plural.
6.9 No Partnership or Joint Venture. The parties hereto agree that nothing
contained in this Agreement shall be deemed or construed as creating a partnership,joint
venture, or association between City and Business Owner; or cause City or Business
Owner to be responsible in any way for the debts or obligations of the other, and no other
provision contained in this Agreement nor any acts the parties hereto shall be deemed to
create any relationship between City and Business Owner other than that of contracting
parties. Further, nothing herein shall give or is intended to give any rights of any kind to
any person not an express party hereto.
6.10 Integration. This Agreement, including the Attachments attached hereto,
is the entire Agreement between and final expression of the parties, and there are no
agreements or representations between the parties except as expressed herein. All prior
negotiations and agreements between City and Business Owner with respect to the
subject matter hereof are superseded by this Agreement. Except as otherwise provided
herein, no subsequent change or addition to this Agreement shall be binding unless in
writing and signed by the parties hereto.
6.11 Nonwaiver. None of the provisions of this Agreement shall be considered
waived by any party except when such waiver is given in writing. The failure of any
party to insist in any one or more instances upon strict performance of any of its rights
hereunder shall not be construed as a waiver of any such provisions or the relinquishment
of any such rights for the future,but the same shall continue and remain in full force and
effect.
6.12 Notices. Any notice, approval, demand or other communication required
or desired to be given pursuant to this Agreement shall be in writing and shall be
effective upon person service (including by means of professional messenger service) or,
five (5) days after mailing via United States first-class mail or two (2) days after mailing
via Federal Express or other similar reputable overnight delivery service. Any notice
shall be addressed as set forth below:
If to City: If to Business Owner:
Stanley Smalewitz Pinnacle Petroleum, Inc.
Director of Economic Development Attn: Liz McKinley, President
City of Huntington Beach 6212 Oakbrook Circle
2000 Main Street Huntington Beach, CA 92648
Huntington Beach, CA 92648
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07-937/11844
With copies to (which shall not constitute Notice):
City Attorney
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
and
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Either City or Business Owner may change its respective address by giving written notice
to the others in accordance with the provisions of this Section.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the dates hereinafter respectively set forth.
BUSINESS O ER: CITY OF HUNTINGTON BEACH,
PINNACLE TROLEUM, IN . a municipal corporation of the State
of California
By: L1,4, &�"
MAyor
print name
ITS: (circle one)Chairman elide tNice Presi t
AND APPROVED AS TO FORM:
ity Attorney ke1
ITIATED AND APPROVED:
print name
ITS: (circle one)Secretary Chief Financial Office sst.
Secretary—Treasurer
Director o is Development
REVIEWED AND APPROVED:
ity Administrator
9
07-937/11844
S'TATS HOME OFFICE SAN FRANCISCO ANNUAL RATING ENDORSEMENT
CN'S URA NIC E IT IS AGREED THAT THE CLASSIFICATIONS AND RATES PER $100 OF REMUNERATION APPEARING
F U N D IN THE CONTINUOUS POLICY ISSUED TO THIS EMPh OYER ARE AMENDED AS SHOWN BELOW.
HERE ARE YOUR NEW RATES FOR THE PERIOD INDICATED. IF YOUR NAME OR ADDRESS SHOULD
BE CORRECTED OR IF INSURANCE IS NOT NEEDED FOR NEXT YEAR, PLEASE TELL US.
IMPORTANT THIS IS NOT A BILL CONTINUOUS POLICY 1490815-06
SEND NO MONEY UNLESS STATEMENT IS ENCLOSED
HE RATING PERIOD BEGINS AND ENDS AT 12:01AM RATING PERIOD 10-01--06 TO 10-01-07
ACIFIC STANDARD TIME
PINNACLE PETROLEUM INC DEPOSIT PREMIUM
1500 PCH # F MINIMUM PREMIUM
SEAL BEACH, CALIF 90740 PREMIUM ADJUSTMENT PERIOD SEMI—ANNUAL
R SG
NAME OF EMPLOYER— PINNACLE PETROLEUM INC
(A CORPORATION)
CODE NO. PRINCIPAL WORK AND RATES, EFFECTIVE FROM "10-01-06 TO 10-01-07
INTERIM
PREMIUM BASE BILLING
BASIS RATE RATE*
8742-1 SALESPERSONS--OUTSIDE.
8810-1 CLERICAL OFFICE EMPLOYEES--N.O.C.
*i°******BUREAU NOTE INFORMATION********
FEIN 330649703
FEIN 030518402
APPROVED AS TO FORM
JENNIFE�McGBATH,City AHMW
fJ -7
By Awl D'Al
Assistant CityAttom
TOTAL ESTIMATED ANNUAL PREMIUM;
PERSIGNED AND ISSUED AT SAN F'RANC3SC? OCTOBER 11, 2006 POLICY L PAGE 1 OF 3
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EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED 3Y PAID CLAIMS,
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99y P.02
JUL-05-2007 09:45
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Approve sales tax sharing agreement with Pinnacle
Petroleum
COUNCIL MEETING DATE: July 16, 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached
(Signed in full by the City Attorney) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached
Not Applicable ❑
Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not A plicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicabie
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Deputy City Administrator Initial
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM::
_[y qc ' < vYl,
,�J
(Belowp. For City Clerk's Use Ohly)
RCA Author: j.lamb
iff CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
July 17, 2007
Pinnacle Petroleum, Inc.
Attn: Liz McKinley, President
6212 Oakbrook Cr.
Huntington Beach, CA 92648
Dear Ms. McKinley:
Enclosed for your records is a fully executed copy of the Sales Tax Agreement between
the City of Huntington Beach and Pinnacle Petroleum, Inc. for the 30% sales tax rebate.
Sincerely,
Joan L. Flynn
City Clerk
JF:pe
Enclosure: Agreement
G:followup:agrmtltr
(Telephone:714-536-5227)