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HomeMy WebLinkAboutHuntington Beach Automobile Dealers Association - 2009-10-19..� , 7-Z,, L: Council/Agency Meeting Held:/DM� O Deferred/Continued to: Jl-A pro�ed o ditio a I Approved ❑ Denied s C C r s ignatu Council Meeting Date: 10/19/2009 Departme Number: ED 09-31 CITY OF HUNTINGTON BEACH REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE CHAIRMAN AND AGENCY EMBERS SUBMITTED BY: FRED A. WILSON, EXECUTIVE DIRE PREPARED BY: STANLEY SMALEWITZ, DEPUTY EXE TIVE DIRECTOR SUBJECT: Approval of Loan and Grant Request from the Huntington Beach Automobile Dealers Association, Inc. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Transmitted for your consideration is a request by the Huntington Beach Automobile Dealers Association, Inc. (Auto Dealers) for a loan of $226,893 and a grant of $30,304.30. The loan will be secured with a promissory note with 2% simple interest, paid by the Auto Dealers through annual BID assessments. Funding Source: Appropriations from the unreserved/undesignated Fund Balance in the Merged Project Area Debt Service Fund (407) totaling $226,893, and Merged Redevelopment Agency Capital Projects Fund totaling $30,304.30. The Fiscal Impact Statement is attached (Attachment #3). Recommended Action: Motion to: 1. Approve the Loan Agreement between the Huntington Beach Automobile Dealers Association and the Redevelopment Agency of the City of Huntington Beach in the amount of $226,893; 2. Authorize Chairman and Agency Clerk to sign and execute the Loan Agreement; 3. Appropriate $226,893 from unreserved/undesignated Fund Balance in the Merged Project Area Debt Service Fund (407); and 4. Approve payment of a grant and appropriate $30,304.30 from the Merged Redevelopment Agency Capital Projects Fund Balance. REQUEST FOR REDEVELOPMENT AGENCY ACTION MEETING DATE: 10/19/2009 DEPARTMENT ID NUMBER: ED 09-31 Alternative Action(s): 1. Do not approve the loan or grant and direct staff to re -negotiate the terms. Analysis: In 1992, the Huntington Beach Automobile Dealers Association, Inc. (Auto Dealers) requested assistance from the Redevelopment Agency (Agency) for construction of an electronic reader board sign adjacent to the 405 Freeway and Center Avenue. The loan, in the amount of $361,000, was a forgivable loan based on the increased sales tax generated by the auto dealers. The Auto Dealers also formed the Huntington Beach Auto Dealers Business Improvement District (BID) to pay for the maintenance and operations of the reader board. The Auto Dealers were designated as the governing body of the BID, which consists of ten auto dealerships within the City. In 2004, the Auto Dealers requested a second loan of $474,000 to be used to upgrade the reader board to a full color screen using LED technology. The Auto Dealers have made monthly payments on the loan through assessments on the BID. A final payment of $1,393 is due October 2009. On July 16, 2009, the Auto Dealers submitted a request for financial assistance from the Agency in the form of a loan and a grant (Attachment #2). A significant drop in auto sales over the past year has made it difficult for the BID to continue to pay for deferred maintenance and on -going operations of the reader board. The Agency proposes that the final payment of the 2004 loan of $1,393 be folded into the new Loan Agreement. The total amount of the loan will not exceed $226,893. The annual payout of $45,378.60 per year, for five years, will be used to pay for the annual maintenance and operating costs for the reader board sign including: electricity, maintenance, programming, and data transmission over the next five years. If approved, loan payments will begin six months after execution of the Agreement. Payments will be made from the BID's annual assessments in monthly installments of $397.69 per dealer. The loan will be secured with a promissory note with 2% simple interest. The proposed terms of the loan are as follows: • Total Loan Amount: $226,893; • Annual Payout: Year One 2009-2010 $45,378.60 Year Two 2010-2011 $45,378.60 Year Three 2011-2012 $45,378.60 Year Four 2012-2013 $45,378.60 Year Five 2013-2014 $45,378.60 • Agency can terminate the loan at any time after the first year; • Interest Rate: 2% simple interest; • Term: Five Years; • First payment due six months after the Agreement is executed; • Payments will be made monthly thereafter through BID assessments; and • Final payment of the existing 2004 loan (approximately $1,393) will be rolled in to the loan amount. .2. 10/12/2009 2:36 PM REQUEST FOR REDEVELOPMENT AGENCY ACTION MEETING DATE: 10/19/2009 DEPARTMENT ID NUMBER: ED 09-31 Without the loan, the Auto Dealers will be unable to continue operations of the reader board. This sign is a vital tool for directing customers to the dealerships located along Beach Boulevard. These dealerships generate over $3.4 million in annual net sales tax revenue to the City of Huntington Beach, or about 15% of the City's total sales tax revenue. The Auto Dealers have also requested the Agency's assistance in the form of a $30,304.30 grant to help pay for required maintenance on the reader board sign. The sign was first constructed in 1992 and was last refurbished in 2004 when the Auto Dealers upgraded the electronic display to full color LED technology. The sign is once again in need of required maintenance to improve the appearance of the sign. If approved, the grant will be used to pay for painting the sign ($11,643); replace lettering on the static displays ($9,706); and replace panels on the tri-vision louvers ($8,955.30). Details of the repairs may be found in Attachment D of the Auto Dealers letter. The Auto Dealers' sign stimulates economic growth within the City and provides a venue to advertize community services and events. Strategic Plan Goal: Enhance Economic Development. Environmental Status: Not applicable. Attachment(s): 1. I Loan Agreement 2. Huntington Beach Auto Dealers letter dated July 16, 2009 3. 1 Fiscal Impact Statement -3- 10/12/2009 2:36 PM ATTACHMENT #1 LOAN AGREEMENT THIS LOAN AGREEMENT (the "Loan Agreement") is made this / 9 day of JCL 2009, by and between the HUNTINGTON BEACH AUTOMOBILE DEALERS ASSOCIATION, INCORPORATED ("Borrower") and the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic (the "Agency"). RECITALS A. Borrower is a corporation formed pursuant to the California Nonprofit Mutual Benefit Corporation Law as a mutual benefit corporation whose members include active dealers of automobiles and entities associated with the automobile industry. B. Pursuant to Borrower's request the City Council of the City of Huntington Beach establish an improvement area as authorized by the Parking and Business Improvement Law of 1989, codified at California Streets & Highways Code §36500 et seq., and on August 17, 1992, the City Council adopted Resolution No. 6415 declaring its intention to establish a parking and business improvement area to be known as the Huntington Beach Auto Dealers Business Improvement District ("District"). C. The City Council subsequently enacted Ordinance No. 3175, which added Chapter 3.52 to the Huntington Beach Municipal Code ("HBMC"). HBMC Chapter 3.52 authorizes the City to collect a monthly benefit assessment from all businesses within the District that are classified by the City as Class A Retail Sales (Al), Auto, New, Used, Parts businesses. D. Borrower's members are all businesses located within the boundaries of the District and subject to the monthly assessment collected by the City pursuant to Chapter 3.52. Borrower serves as an advisory body to the District and makes recommendations to the City Council on the expenditure of revenues derived from the assessments, on the classification of businesses, and on the method of levying the assessments. E. Borrower and the Redevelopment Agency of the City of Huntington Beach ("Agency") entered into a" Disposition and Development Agreement" (the "DDA") and pursuant to the terms of the DDA, the Agency assisted Borrower in the construction of an electronic Readerboard by providing Borrower with a construction -financing grant that was repaid by virtue of increased sales taxes generated by Borrower. Pursuant to the terms of the DDA, the construction - financing grant for the Readerboard has now been forgiven. 1 09-2185/38383 F. On May 13, 2004, Borrower and Agency entered into a new Loan Agreement to convert the existing electronic Readerboard to a double -face full color LED electronic display. A balance of $1,393.00 remains on this loan. G. Borrower wishes to borrow and Agency wishes to lend a new amount of $45,378.60 per year for five years to pay maintenance and operating costs for the electronic reader board. The total amount loaned by the Agency over five years shall not exceed $225,000 which is added to the existing balance from the prior loan for a total amount not to exceed $226,893.00. Paid out annually: October 1, 2009 $45,378.60 October 1, 2010 $45,378.60 October 1, 2011 $45,378.60 October 1, 2012 $45,378.60 October 1, 2013 $45,378.60 Receipts for expenses to be sent to the Agency. H. In the event the City Council decides it is not fiscally prudent to continue to provide the $45,378.60 it may terminate this Loan Agreement at its sole discretion after the first year, without incurring penalties or damages of any kind. Borrower will remain liable for any unpaid amounts to the point City terminates. I. Borrower will repay the Agency's loan in monthly installments by virtue of an increase in the monthly benefit assessment levied on its members and collected by the City pursuant to Chapter 3.52. Borrower desires that the City remit that portion of the monthly benefit assessment collected for six months by the City from the District that is equivalent to the monthly installment due pursuant to this Loan Agreement to the Agency until the loan is repaid in full. J. In the event monthly installments are not made in full for any month during the term of this Agreement, Agency may consider such action a material breach and may terminate this Agreement with thirty (30) days notice in writing to Borrower. Borrower will remain liable for any unpaid amounts to the point Agency terminates. NOW, THEREFORE, for good and valuable consideration the parties agree as follows: 1. PARTIES TO THE AGREEMENT The Agency. The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the 2 09-2185/38383 Community Redevelopment Law of the State of California. The principal office of the Agency is located at City Hall, 2000 Main Street, Huntington Beach, CA 92648. "Agency," as used in this Agreement, includes the Redevelopment Agency of the City of Huntington Beach, and any assignee of or successor to its rights, powers and responsibilities. Borrower. Borrower is an incorporated non-profit mutual benefit corporation whose members include active dealers of automobiles and other entities associated with the automobile industry. The principal office and mailing address of Borrower for the purposes of this Agreement is: Huntington Beach Automobile Dealers Association, Inc. 7755 Center Drive, Suite 1100 Huntington Beach, CA 92647 2. TERMS OF LOAN Agency agrees to provide a loan to Borrower under the terms and conditions of this Loan Agreement. 3. AMOUNT OF LOAN On and subject to the terms and conditions of this Loan Agreement, Agency agrees to make, and Borrower agrees to accept, a loan in the amount of $45,378.60 per year for five years, which shall be evidenced by a promissory note. 4. INTEREST The note shall bear interest at the rate of 2% simple interest on the principle amount outstanding from the date of the note until paid or forgiven. 5. REPAYMENT OF LOAN Borrower shall repay the loan in monthly installments of ($3,976.93) beginning six (6) months after the Borrower executes this agreement and continuing thereafter for five (5) years until the entire amount is paid in full. (Attachment Amortization Table.) City shall collect the monthly installment on behalf of Agency from Borrower by including the monthly installment due under this Loan Agreement in the amount billed to Borrower's members pursuant to HBMC Chapter 3.52, as amended. Borrower shall remit the monthly installment due under this Loan Agreement as part of, and together with, the monthly benefit assessment paid by Borrower's members pursuant to HBMC Chapter 3.52, as amended. The City shall remit the monthly installment due hereunder ($3,976.93) and collected each month from Borrower and/or Borrower's members pursuant to HBMC Chapter 3.52 to the Agency pursuant to the terms of this Loan Agreement. All payment to Agency shall be directed / mailed to P.O. Box 711, Huntington Beach, CA 92647. 3 09-2185/38383 6. TERM OF THE LOAN The loan shall commence on the date set forth above and remain in full force and effect throughout the term of the loan. The Loan Agreement shall terminate upon full repayment of the loan. 7. PREPAYMENT Borrower may prepay the principal amount without penalty or fee. 8. PENALTY FOR DELINQUENT PAYMENT Borrower and/or Borrower's members shall remit all amounts billed by the City pursuant to this Loan Agreement and/or HBMC Chapter 3.52 within thirty (30) days of receipt of the City's billing invoice. For failure to pay an amount billed when due, the City shall add a penalty of five percent (5%) of the assessment amount on the last calendar day of each month after the date due thereof, providing that the penalty amount to be added shall in no event exceed one hundred percent (100%) of the assessment amount due. No City business license shall be knowingly issued or renewed to any business that, at the time of making application for any license or renewal thereto, is indebted to the City for any delinquent benefit assessment. 9. GOVERNING LAW The loan document shall be interpreted under and be governed by the laws of the State of California. 10. ATTORNEY FEES AND COSTS In the event of any default or any legal or administrative action is commenced to interpret or to enforce the terms of the loan documents, each party shall bear its own attorney fees and costs. The prevailing party in any such action shall not be entitled to recover any attorney fees or costs in such action. 11. TIME Time is of the essence as to this Loan Agreement and the Promissory Note loan documents. 12. REPRESENTATIONS Borrower represents to Agency that it has the requisite power and authority to execute and deliver this Loan Agreement, and to perform its obligations under this Loan Agreement. Borrower further represents that the Loan Agreement and the other documents either attached hereto or required herein have been duly authorized, approved and executed by and on behalf 4 09-2185/38383 of Borrower, and that the Loan Agreement is a valid and binding obligation of Borrower in accordance with its terms. Borrower represents that the authorization, approval and execution of this Loan Agreement and all other proceedings of Borrower relating to the transaction herein contemplated, have been performed in accordance with all applicable federal, state, and local laws. Borrower further represents Borrower's members have authorized and approved a $397.69 increase in the monthly assessment levied on Borrower's members pursuant to HBMC Chapter 3.52 in furtherance of this agreement. Borrower hereby agrees to recommend to the City Council that City remit the revenues collected as of April 2010 (6 months from execution of Agreement) from Borrower's members to Agency in order to pay off the loan according to the terms of this Agreement. Any approval required under this Loan Agreement shall be in writing and executed by an authorized representative of the party granting the approval. Notice, demands and communications, formal notices, demands and communications between Borrower and Lender shall be sufficiently given, if, and shall not be deemed to be given unless, dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally to the principal offices of Borrower and Agency as follows: Agency Borrower Redevelopment Agency of the City of Huntington Beach Automobile Huntington Beach Dealers Association, Inc. 2000 Main Street 7755 Center Drive, Suite 1100 Huntington Beach, CA 92648 Huntington Beach, CA 92647 Attn: Executive Director 13. CALIFORNIA PREVAILING WAGE LAW The City of Huntington Beach has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work of converting the Readerboard as contemplated by this Loan Agreement will be performed, and the same has been set forth by resolution on file in the office of the City Clerk of the City of Huntington Beach. Borrower and any person or entity hired by Borrower to complete the work financed by this Loan Agreement shall pay not less than said prevailing wage rates to all workers employed to convert the Readerboard as contemplated by this agreement, as required by California Labor Code Sections 1771 and 1774. 14. BINDING UPON SUCCESSORS All provisions of these loan documents shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors -in -interest, transferees and assigns of each of the parties provided however that this section does not waive the prohibition on assignment of this loan by Borrower without Agency's consent. 5 09-2185/38383 15. ASSIGNMENT AND ASSUMPTION Borrower shall not assign any of its interests under this Loan Agreement or the Promissory Note to any other party, without the prior written consent of Agency which consent may be withheld by Agency in its sole discretion. 16. WAIVER Any waiver by Agency of any obligation in this Loan Agreement or the Promissory Note must be in writing. No waiver will be implied from any delay or failure by Agency or the City of Huntington Beach to take action on any breach or default of Borrower or to pursue any remedy allowed under the Loan Agreement, Promissory Note, Loan Documents or applicable law. Any extension of time granted to Borrower to perform any obligation under this Loan Agreement or the Promissory Note shall not operate as a waiver or release from any of its obligations under this Loan Agreement or the Promissory Note. Consent by Agency to any act or omission by Borrower shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for Agency's written consent to future waivers. 17. INTEGRATION This Loan Agreement and the Promissory Note, including exhibits, executed by Borrower if any, contain the entire agreement of the parties relative to the maintenance and operations of the electronic Readerboard and supersede any and all prior negotiations. 18. OTHER AGREEMENTS This is the sole and only loan agreement between Borrower and Agency. Borrower represents that it has not entered into any agreements that are inconsistent with the terms of this Loan Agreement. Borrower shall not enter into any agreements that are inconsistent with the terms of this Loan Agreement without an express waiver by Agency in writing. 19. AMENDMENTS AND MODIFICATIONS Any amendments or modifications to this Loan Agreement must be in writing, and shall be made only if executed by both Borrower and Agency. 6 09-2185/38383 20. SEVERABILITY Every provision of this Loan Agreement is intended to be severable. If any provision of this Loan Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, shall not in any way be affected or impaired. and enforceability of the remaining provisions IN WITNESS WHEREOF, the parties hereto have caused this Loan Agreement to be executed by and through their authorized offices the day, month and year first above written. HUNTINGTON BEACH AUTOMOBILE DEALERS ASSOCIATION, INC. By V- 79M M print name�� ITS: (circa one) ice President REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH a public body Chairman 7 Agency Clerk J+V(0 By: l INITIATED AND APPROVED: r p ' !name ITS: (circle one) Secretary/Chief Financial Office Asst. Deputy Executive lrector Secretary Treasur r PROVED AS TO FORM: REVI ND APPROVED Agency Counsel Exe tiv Director 1 7 09-2185/38383 Redevelopment Agency Amortization Schedule Huntington Beach Auto Dealers Association Principal + 6 months interest 226,893.00 Number of Payments 60 Interest per month 0.001666667 Payment ($3,976.93) Payment No. Principle Balance Payment Interest Paid Principle Paid ---*Assessment Per Dealer $2,325.00 1 226,893.00 $3,976.93 $378.16 $3,598.77 $397.69 2 223,294.23 $3,976.93 $372.16 $3,604.77 $397.69 3 219,689.46 $3,976.93 $366.15 $3,610.78 $397.69 4 216,078.68 $3,976.93 $360.13 $3,616.79 $397.69 5 212,461.89 $3,976.93 $354.10 $3,622.82 $397.69 6 208,839.07 $3,976.93 $348.07 $3,628.86 $397.69 FY Total $23,861.56 $2,178.76 $21,682.80 $2;386.16 7 205,210.20 $3,976.93 $342.02 $3,634.91 $397.69 8 201,575.30 $3,976.93 $335.96 $3,640.97 $397.69 9 197,934.33 $3,976.93 $329.89 $3,647.04 $397.69 10 194,287.29 $3,976.93 $323.81 $3,653.11 $397.69 11 190,634.18 $3,976.93 $317.72 $3,659.20 $397.69 12 186,974.98 $3,976.93 $311.62 $3,665.30 $397.69 13 183,309.67 $3,976.93 $305.52 $3,671.41 $397.69 14 179,638.26 $3,976.93 $299.40 $3,677.53 $397.69 15 175,960.74 $3,976.93 $293.27 $3,683.66 $397.69 16 172,277.08 $3,976.93 $287.13 $3,689.80 $397.69 17 168,587.28 $3,976.93 $280.98 $3,695.95 $397.69 18 164,891.33 $3,976.93 $274.82 $3,702.11 $397.69 FY Total $47,723.11 $3,702.13 $44,02098 $4,772.31 19 161,189.23 $3,976.93 $268.65 $3,708.28 $397.69 20 157,480.95 $3,976.93 $262.47 $3,714.46 $397.69 21 153,766.49 $3,976.93 $256.28 $3,720.65 $397.69 22 150,045.84 $3,976.93 $250.08 $3,726.85 $397.69 23 146,318.99 $3,976.93 $243.86 $3,733.06 $397.69 24 142,585.93 $3,976.93 $237.64 $3,739.28 $397.69 25 138,846.65 $3,976.93 $231.41 $3,745.51 $397.69 26 135,101.13 $3,976.93 $225.17 $3,751.76 $397.69 27 131,349.38 $3,976.93 $218.92 $3,758.01 $397.69 28 127,591.37 $3,976.93 $212.65 $3,764.27 $397.69 29 123,827.09 $3,976.93 $206.38 $3,770.55 $397.69 30 120,056.54 $3,976.93 $200.09 $3,776.83 $397.69 FY Total $47,723.11 $2,813.60 $44,909.51 $4,772.31; 31 116,279.71 $3,976.93 $193.80 $3,783.13 $397.69 32 112,496.59 $3,976.93 $187.49 $3,789.43 $397.69 33 108,707.15 $3,976.93 $181.18 $3,795.75 $397.69 34 104,911.41 $3,976.93 $174.85 $3,802.07 $397.69 35 101,109.33 $3,976.93 $168.52 $3,808.41 $397.69 36 97,300.92 $3,976.93 $162.17 $3,814.76 $397.69 37 93,486.16 $3,976.93 $155.81 $3,821.12 $397.69 38 89,665.05 $3,976.93 $149.44 $3,827.48 $397.69 39 85,837.56 $3,976.93 $143.06 $3,833.86 $397.69 40 82,003.70 1 $3,976.93 $136.67 $3,840.25 $397.69 Page 1 Redevelopment Agency Amortization Schedule Huntington Beach Auto Dealers Association Payment No. Principle'Assessment Balance Payment Interest Paid Principle Paid Per Dealer 41 78,163.45 $3,976.93 $130.27 $3,846.65 $397.69 42 74,316.79 $3,976.93 $123.86 $3,853.06 $397.69 FY Total $47,723.11 $1,907.13 $45,81598 $4772.31 43 70,463.73 $3,976.93 $117.44 $3,859.49 $397.69 44 66,604.24 $3,976.93 $111.01 $3,865.92 $397.69 45 62,738.32 $3,976.93 $104.56 $3,872.36 $397.69 46 58,865.96 $3,976.93 $98.11 $3,878.82 $397.69 47 54,987.15 $3,976.93 $91.65 $3,885.28 $397.69 48 51,101.86 $3,976.93 $85.17 $3,891.76 $397.69 49 47,210.11 $3,976.93 $78.68 $3,898.24 $397.69 50 43,311.87 $3,976.93 $72.19 $3,904.74 $397.69 51 39,407.13 $3,976.93 $65.68 $3,911.25 $397.69 52 35,495.88 $3,976.93 $59.16 $3,917.77 $397.69 53 31,578.11 $3,976.93 $52.63 $3,924.30 $397.69 54 27,653.82 $3,976.93 $46.09 $3,930.84 $397.69 FY Total $47,723.11 $982.36 $46,740.75 $4772.31 55 23,722.98 $3,976.93 $39.54 $3,937.39 $397.69 56 19,785.59 $3,976.93 $32.98 $3,943.95 $397.69 57 15,841.64 $3,976.93 $26.40 $3,950.52 $397.69 58 11,891.12 $3,976.93 $19.82 $3,957.11 $397.69 59 7,934.01 $3,976.93 $13.22 $8,963.70 $397.69 60 3,970.31 $3,976.93 $6.62 $3,970.31 $397.69 FY Total $23,861.56 $138.58 $23,722°98 $2,386.16 Loan Totals $238,615.56 $14,047.56 $226,893.00 $23,861.56 Page 2 PROMISSORY NOTE Principal Loan Amount: $45,378.60 PER YEAR FOR A TOTAL AMOUNT OF $226,893 Interest: 2% simple interest Note Date: October 12, 12009. FOR VALUE RECEIVED, the undersigned ("Maker") hereby promises to pay to the order of the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California ("Holder"), at a place designated by Holder, the principal sum of (same as above) Two Hundred Twenty Six Thousand Eight Hundred Ninety Three Dollars ($226,893) at the rate of two percent (2%) interest, pursuant to the Loan Agreement between the Redevelopment Agency of the City of Huntin ton Beach and the Huntington Beach Automobile Dealers Association, Inc. (the "Loan Agreement") dated as of October 1 � 12009 by and between Maker and Holder. The Loan Agreement is hereby incorporated by reference as though fully set forth herein. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Loan Agreement. The obligation of the Maker to the Holder shall be satisfied by Maker in monthly installments of $3,976.93 beginning on Apri 1 19, 2010 and continue thereafter until the entire amount is repaid. Payments to the Agency as required by the Loan Agreement and this Note shall be made by Maker by including the monthly installment due with the amount collected by the City of Huntington Beach pursuant to Chapter 3.52 of the Huntington Beach Municipal Code, as amended from time to time by the City Council of the City of Huntington Beach. In the event of default of the subsequent action to collect payment due under this note, the prevailing party in any such action shall be entitled to recover any attorney fees or costs in such action. Upon the forgiveness, waiver, and discharge of this Note as set forth above, Holder shall mark this Note "PAID IN FULL" and shall deliver this Note to Maker. 1. Severability. The unenforceability or invalidity of any provision or provisions of this Note as to any persons or circumstances shall not render that provision or those provisions unenforceable or invalid as to any other provisions or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable. 2. Modifications. Neither this Note nor any term hereof may be waived, amended, discharged, modified, changed or terminated orally; nor shall any waiver of any provision hereof be effective except by an instrument in writing signed by Maker and Holder. 3. Usury. Notwithstanding any provision in this Note, Deed of Trust or other document securing same, the total liability for payment in the nature of interest shall not exceed the limit now imposed by applicable laws of the State of California. 4. Governing Law. This Note has been executed and delivered by Maker in the State of California and is to be governed and construed in accordance with the laws thereof. S. Prepayment. Maker may prepay the principal on this Note without penalty or fee. 1N WITNESS WHEREOF, Maker has executed this Note as of the date and year first above written. ► A, HUNTINGTON BEACH AUTOMOBILE DEALERS ASSOCIATION, IN By: print name (print name ITS: (circle one) Secretary/Chief Financial Office Asst. Secretary Treasurer 09-2185/Promissory note Oct 12 ATTACHMENT #2 HUNTINGTON BEACH AUTOMOBILE DEALERS ASSOCIATION, INC. Stanley Smalewitz, Director Economic Development 2000 Main Street Huntington Beach Ca 92648 Re: Follow-up to your series of meetings on: Sections as follows: A) Brief Historical Perspective /City Auto Dealer Relations —Local & Regional B) Proposed Bella Terra based HB Car Store Lease (LOI) Attached as C) Deferred Maintenance —HB Auto Dealers Reader Board Repairs D) Request for Financial Assistance Dear Stanley: July 16, 2009 Thank you for your time on Thursday. It has taken several months to conclude our negotiations with Bella Terra to allow us to be in compliance with the new Caltrans requirements in order for the Huntington Beach Auto Dealers Association and their requisite Business Improvement District (BID) to have a workable and affordable plan to seriously consider. The commitment to open the HB Car Store is predicated on the requests made herein with the understanding that we will comply with our written proposal to Caltrans and their agreement to view the merged project areas of the Huntington Beach Redevelopment area as one entity for purposes of the BID -operated Reader Board's authorized use. SECTION: A) Brief Historical Perspective /City Auto Dealer Relations —Local & Regional: Our relationship with the City has always been on very good terms. Current and prevailing economic conditions place us, as an Association and our members individually, at significant financial risk. Some facts to consider: LOCALLY: (Exhibit B; 41h Quarter HB Sales Tax Report) 1. Five (or 20%) of the Top Sales Tax producers in the City are individual New Car Dealers. 2. There are approx. 14,000 business licenses in the entire City, yet only 10 New Car Dealers cumulatively represent 17% of the total sale tax revenue generated annually. 3. Of the top 15 Business Types producing Sales Tax for HB, Mew Motor Vehicle Dealers are and have been the top 3 Producing Sales Tax generators in the City. 4. 4th Qtr. (08), New Car Sales in HB reported a significantly lower sales drop off than all of Orange County and all of the entire State reflective of the longevity of New Car sales history locally and the family orientation of the individual franchises. REGIOANLLY: (Exhibit A; Spread Sheet of Communities w/Auto Dealer Presence and types of Assistance) 7755 Center Drive, Suite 1 100 • Huntington Beach, CA 92647 1. Of the 16 Cities survey, 15 Communities with Auto Dealer presence in their cities paid all or at least half of all cost associated with Reader Board Signs. 2. In HB, the Auto Dealers were pleased to receive a loan to help build and or repair the Sign over the life of the Sign and have paid back all loans rendered with the remaining payment on the existing loan to be paid off in full on or about October 1, 2009. 3. The City of HB is a 5% partner in the Auto Dealers' BID -operated Reader Board Sign. SECTION B) Proposed Bella Terra based HB Car Store Lease (LO1): As your office knows it has taken over three years to conclude negotiations with Caltrans after their unilateral notice that the our BID operated Reader Board Sign was not in compliance with new Caltrans Regulations. As a result we were compelled to agree to a set of requirements that, as a centerpiece, required the BID to open and operate a "retail" store at Bella Terra, to wit, The HB Car Store. The five month effort to negotiate an acceptable Lease between Bella Terra and the BID concluded this week. The Lease is attached as Exhibit C. Summary of Terms and Investments required on the part of the BID: ITEM 1. Avg. Rent 2. Office Furniture: One Time 3. Utilities: 4. Misc. Start-up (Store Sign, etc) EXPLANATION TOTAL COST $45,000/ Year $225,000 $12,500 $ 12,500 $ 4,200/ year $ 21,000 $15,000 $ 15,000 SubTotal.........................................................................................................$273,500 FOOTNOTES: 5. *1 Labor *2 Existing Reader Board Sign Maintenance Required: $30,000/ Year $150,000 $30,000 —One Time $ 30,000 Grand Total Required...................................................................................$453,500 Simple stated if the BID does not comply with the new Caltrans requirements, the Sign will no longer exist in support of the much needed Sale Tax generation counted on by the city for almost 35 years. To that end, the BID makes the following request of the City of Huntington Beach Redevelopment Agency since the BID -operated Reader Board is located on Redevelopment property. SECTION C) Deferred Maintenance —HB Auto Dealers Reader Board Repairs. It is respectfully request that footnote (*2), the greatly needed $30,000 be the responsibility of the Agency as part of their 5% ownership with the balance of the almost $500,000, including Labor, being borne by the BID. SECTION D) Request for Financial Assistance. Rent, Office Furniture, Utilities and some minimum expected miscellaneous start up cost totals $273,500. We respectfully request that the Agency agree to a low -interest loan to the BID to enable us to be in compliance with the Caltrans demands. The proposed Loan would be at 2%, amortized over 5 years and paid for through the BID Assessments that have now been collected by the City for about 17 years. In light of and as a result of the current economic conditions, without the Loan, the BID cannot comply with the Caltrans demands. Labor is being fully borne by the BID. The issue of the funds requested and participation by the Agency in the much needed maintenance on the BID -operated Reader Board allows us to remain in budget with the Dealer Assessment history and desire of the voting members. The BID is asking for a Loan Commitment of $273,500, however, the annual draw down of those funds would be as follows since the total amount is not needed at one time: Year One: 2009-2010: $75,000 Year Two: 2010-2011 $49,625 Year Three: 2011-2012 $49,625 Year Four: 2012-2013 $49,625 Year Fiver: 2013-2014 $49,625 On behalf of the Board of Directors of the Huntington Beach Auto Dealers Association and their duly formed BID, the issues, budget, Lease (LOI) and other pertinent details have been voted on by the authorized members in compliance with our By-laws and approved. We are anxious to move forward with this new project. The HB Car Store will be operational within 60 days of the needed funds being available to the BID for use. Respectfully Submitted on behalf of and in favor of A Resolution duly adopted by the BBOC's BID Bob iller, President / Chairman, BID Huntington Beach Auto Dealers Association (Beach Bid. Of Cars) Exhibits and Attachments: A. Financial relationships: Regional California Communities and their respective Auto Dealers B. 4th Quarter Sales tax Report —(Public Version) City of Huntington Beach C. Proposed Bella Terra Lease (LO1) D. Maintenance Required: BID -operated Reader Board Sign Detailed Bid ($30,000) E. Annual BID Assessment Filing to establish actual 2009-2010 BID dollar amount Assessment. (Exhibit E reflects the terms requested in this letter and the resulting Assessment value) Community / Agency Benefactor Key User / Focus Amount $ Details Relavent Transactions: City of Cathedral City Auto Center Freeway Sign City paid 100% of Cost $500,000 Dealers borrowed money, City reimburse Dealers @ $50,000 / year City of Cerritos Auto Center Freeway Sign Current proposal: City Pays 100% $400,000 Current proposal... city pays 100% City of Corona Auto Center Freeway Sign Dealers 50%+tax participation agreement $360,000 City Loaned 50% City of Escondido Auto Center Freeway Sign Dealer Financed upfront 100% $349,529 City reimburses Dealers 100% through increased sale tax City of Garden Grove Auto Center Freeway Sign Dealers 100%+tax participation agreement $577,000 City Loan through Tax participation Agreement City of Huntington Beach Reader Board Sign City Loaned Dealers cost of sign $400,000 Dealers paid back low interest loan -100% City of Indio Auto Center Freeway Sign City agrees to pay 100% $400,000 City paid 100% City of Industry Auto Center Freeway Sign No Cost to any dealer $1,200,000.00 City agreed to pay 100% of all cost City of Long Beach Auto Center Freeway Sign Cal Worthington $400,000.00 City paid 50% of all cost up front City of Long Beach -2 Auto Center Freeway Sign Dealers 50% + tax participation agreement $600,000 City Loaned 50% City of Norco Auto Center Freeway Sign Dealers 50%+ tax participation agreement $507,000 City Loaned 50% City of Ontario Auto Center Freeway Sign Dealers obligated for 50% of cost $1,100,000.00 City paid 50% of all cost City of Ontario -2 Auto Center Freeway Sign Mark Christopher Auto Center 50% $596,897 City to pay 50% of all cost City of Santa Ana Auto Center Freeway Sign City paid 50% of cost up front $680,000 City / Dealers split 50% City of Ventura (In Progress) Auto Center Freeway Sign Dealer Financed up front 100% $1,500,000 City to pay 100% of cost, interest, etc. through increased sale tax City of Westminster Auto Center Freeway Sign City paid 50% of cost upfront $992,000 City /Dealers split 50% 1-3 twititht4r is SALES TAX BY MAJOR BUSIlNESS GROUP $2,000,000 4th Quarter 2007 $1,600 ,000 4th Quarter 2008 VENtJE C0MPAI�S0N Albertsons Kohls Two Quarters="Fiscal Year To Date Applied Computer Lowes Solutions Mervyns 2007-08 .` 200&09 Baker Oil Tools Norm Reeves CVS Pharmacy Honda Point -of sale - $13817,336 $12,780,827 Delillo Chevrolet Oil Field Tubulars & Supply County Pool ': 11421,958 1,3391757` G&M Oil Home Depot Pinnacle Petroleum State Pool . '4766, 9;976 Huntington Beach Ralphs - Chrysler Jeep Reliable Wholesale Gross Receipts $15242,060 $14,130,561 Huntington Beach Lumber Dodge Sharp Electronics less Tnple Flip' $(3;810,515j > ${3,532;640) Huntington Beach Target Ford Toys R Us Huntington Beach VonS *Reimbarsedfromcouritycompere-ugnfund Toyota Scion Kia Wal Mart Hyatt Regency Published by Tfie HdL Companies in Spring 2009 www.hdIIcorn anies.com 888.8610220 "� idlusted for accounting aberrations, 10.25%, except in Los Angeles Coun- �omt� of sale receipts from October ty, where on July 1, 2009 the maximum bough December sales were 13.1% possible rate becomes 10.75% as an lower than ilie same quarter of 2007. additional one-half cent tax passed by I he revenues generated in this holiday that county's voters in November takes. quarter wereahelowest since 2003. effect. Only two agencies in California The declines; Occurred in all categories will reach the highest rate. Df sales except fast -,food restaurants Economists disagree on how consum- and grocery stores ;and: were experi- ers will react to a double digit sales tax. enced ii all" eounttes'and Legions. Of The actual impact may be difficult to particular sigcance were; the 23% dtstinguish from sales lost due to cur - decline to receipts from petroleum re- rent economic conditions and record lated businesses" which' resulted, from. low consumer confidence. declining prices and consumption,.; a... In preparing their revenue projections, 37% drop in revenues from new car the State Department of Finance as - sales, and am 14 6%:.decrease to Ales sunned that the additional one cent tax tax allocations from,butlding and con would result in a one percent loss in struction materials: ` future purchases. Tax revenues from generaL:consuiner goods were down 10.4% froth:the Stimulus Package Benefits 2007 holiday quarter while busmess; to The American Recovery and Reinvest - business sales were 9.0% lower rrient Acti of 2009 will send an estimat- This was the sixth consecutive quar- ed $31 billion to the state. Roughly one ter of lower statewide allocations. thud will be used to backfill state bud - Trade association surveys indicate that get cutbacks in education and other January through March sales will be programs, another third for new state equally dismal. The latest HdL con- spending and the final third for grants sensus forecast estimates that fiscal made on a competitive basis. Near- 2008/2009 sales and use tax revenues will be 8.8% below the prior year. RUMUNU Most economists believe that the re- t cession will not bottom out until late Busmes-SType Q4 term benefits most likely to boost retail spending include "Making Work Pay" tax credits to boost payroll checks, ex- tending and increasing unemployment insurance payouts, and allowing buyers of new vehicles purchased between February 17th and December 31st to deduct state sales tax from their fed- eral income tax. Analysts warn that for the short term, these benefits will do little more than slow the economy's descent. L SALES PER CAVITFA $4,000 $3,000 $2,000 $1,000 $0 Q4 Q4 Q4 Q4 05 06 07 08 Huntington Beach County Califomia 2009 and significant recovery will not New Mot'&Vehide Dealers $601.4 -30.0% -35A% -36.4% occur before 2011/2012. SernceStations 433.4 -27.7% -24.0% -23.2% New Sales Tax Rate Article 13A of the state constitution authorizes the state legislature to in- crease taxes other than property by a two thirds vote. This allowed the 2008/2009 state budget compromise which temporarily increases the state portion of the sales and use tax rate by 1.0% from April 1, 2009 to July 1, 2011. The increase will be extended for one additional year if voters ap- prove Proposition 1A, the state spend- ing cap measure on the May ballot. This brings California's top combined sales, uransactions and use tax rate to PetroleumProd/Equipment" ' '' 345.0 -9.2% 11.5% -1.3% `DISCOutltDeptStOr2S := -CONFIDENTIAL- 1.0% - -3.3% LumberBuilding Materials 326.2 -21.2% -14.7% -12.4% Restaurants No Alcohol 313.3 -2.7% 1.3% 1.3% Restaurants Liquor 301.4 7.6°% 8.6°% 1.0°% Grocery Stores liquor-: 260.6 -3.4% -0.7% 0.7°% SpeaaltyStores 245.0 12.6% 11.1% 7.2°% Faintly Apparel 228.8 -8.4°% -8.0°% -3.6°% Business Seances 193.0 -7.8% 18.3% 20.2°% .." SporhngGoods/Bike Stores < 175.3 8.6°% -13.0% -6.5% EledroniadAppliance`Stores ",. 169.2 -11.7°% -18.3% -13.0% Light Inddstrial/Pdnters 163.5 -20.7% 5.0°% 11.3% Restaurants Beer Arid Wine 142.8 3.9% -5.3% -6.8% Total All Accounts" $6,923.6 -131 % County.B:State P0 Allocation _ ' 626 2 -17 0°% ' Gross Receipts $6;649.8 -13 5% `. in fhoivands'- BELLA TERRA ASSOCIATES, LLC exa Now r t " July 1, 2009 The Huntington Beach Auto Dealers Association's Business Improvement District -Business Office 7755 Center Drive, Ste 1100 Huntington Beach, Ca 92647 Dear Bob, I am pleased to present this Letter of Intent ("LOI"), which outlines the basic terms upon which Bella Terra Associates, LLC ("Landlord") may be willing to enter into Lease negotiations for space in Bella Terra (the "Center"): 1. Landlord: Bella Terra Associates, LLC 2. 'Tenant: Please provide entity name 3. Guarantor: To be determined 4. 'Trade Name: Please provide trade name 5 , Premises: Space E-112. 6. Center: Bella Terra, Northwest corner of Beach Boulevard and Edinger Avenue at the San Diego (405) Freeway in Huntington Beach, California. 7. Floor Area???: Approximately Two Thousand Three Hundred and Twenty Five (2,059) square feet. 8. Term: Five (5) Years. Landlord and 'Tenant have the right to terminate the Lease at the end of Year 3 if the Tenant has not completed the necessary improvements and infrastructure to bring the build -out and fixtures up to a first class level consistent with the standards of Bella Terra's Tenant Improvement Requirements and Criteria by the end of Year 3. Landlord and 'Tenant agree that a smaller space is desired, the space described herein is the only space currently available, and when such smaller space becomes available, the proposed rent terms Q - 2 - July 14, 2009 herein shall be prorated based on the total square feet available in the new smaller space. Minimum Base Rent: Year 1 - $35,000.00 gross rent - $2,916.67 per month. Year 2 - $40,000.00 gross rent - $3,333.33 per month. Year 3 - $45,000.00 gross rent - $3,750.00 per month. Year 4 - $50,000 gross rent-$4,166.67 per month. Year 5- $55,000.00 gross rent - $4,583.33 per month. 10. Option Term: 11. Estimated Delivery Date: 12. Lease Commencement: None. Upon Lease Execution. Upon Lease Execution. 13. Rent Commencement The earlier of (i) Tenant's opening date or (ii) Date: Thirty (30) days after Landlord delivers the Premises. Tenant shall have Sixty (60) days for Tenant's build out period. 14. Percentage Rent Rate: Waived. 15. Radius Restriction: Ten (10) miles. 16. Continuous Operation: Tenant agrees, from and after the date Tenant is required to open for business and during the Term, to continuously operate the Permitted Use in the entire Premises. 17. Permitted Use: The Premises shall be used as a location from which the collective car dealerships offer product information and shuttle service for its clients to and from this store location and their respective dealership locations. Tenant may offer for sale at retail various items (to be further defined). Tenant is responsible for any use approvals from the City of Huntington Beach. 18. Initial Promotional $2000.00. WAIVED. Assessment: 19. Promotional Fund: Tenant agrees to pay Landlor a Promoti^°'�' Chang as Tenant's „t. ibution toys,ard Elie — 3 — July 14, 2009 CenteF's adver-tis;ng, administrative promotion,— pu-tlie- related relations and to the foregoing. The promotional expenses u Charge hall be e1 00 n foot Fo,. the first Lease Yean The square Promotionn! Charge be by the CPI, but shall in eased annually less than five Lease no event Yearn. pereent ) per- 20. Architectural Review Upon r Lease Emeeutio,,, tenant shall pay r nd Fee fee equal to $2,500 for- T .,n ler- 's eest to rL bziaw andapprove Tenant's plans to „ preye the Pr-e ises WAIVED. 21. Security Deposit: Tenant agrees to pay a security deposit in an amount equal to two month's Rent, which shall be due upon Lease execution and shall be subject to Landlord's review of Tenant's financials. 22. Advance Rent: Tenant agrees to pay an amount equal to the (1s) month's Rent and additional expenses, which shall be due upon Lease execution. - 4 - July 14, 2009 24. Assignment/Subletting: Tenant agrees that there shall be no assignment or subletting without the prior written consent of Landlord. 25. Condition of Premises: "As -is" - 5 - July 14, 2009 26. Utilities & Tenant agrees to be responsible to maintain the Maintenance: Premises and to pay for all utilities serving the Premises. Landlord to maintain the Center and Tenant shall reimburse Landlord for cost incurred as a part of Common Area maintenance. 27. Signage: Tenant agrees to install and maintain new storefront signage in accordance with Landlord's sign criteria and applicable governmental regulations, at Tenant's expense. Banners shall be subject to code and coordinated for approval with the Property Manager throughout the Lease term. 28. Brokers: DJM Capital Partners, Inc. represents the Landlord. Tenant is not represented by a broker. The broker(s) shall be paid by the Landlord pursuant to a separate agreement between the Landlord and DJM Capital Partners, Inc. 29, Lease Form: Tenant agrees to use Landlord's Lease form. 34. Relocation: Tenant agrees that the Landlord shall have the right to relocate the Tenant any time during the Term. The Landlord shall pay for all related expenses. Relocation language shall be further defined in the Lease. If you are in accord with the foregoing and are interested in continuing discussions regarding this space, please execute this LOI in the space provided below and return the executed LOI to us no later than July 31", 2009. Upon receipt by the Landlord of the executed LOI and after appropriate review and approval by the Landlord of the LOI, your financial background and operational experience, a Lease may be drafted and forwarded for your review. Submission of a proposed Lease is for negotiation and discussion purposes only. If the executed LOI is not received by the date specified above, it shall imply thatt you no longer have any interest in pursuing our discussions. No person or entity referred to in this LOI shall have any rights against or obligations to the other unless and until a fully executed Lease has been entered into and delivered to the Tenant. It is also understood that Landlord is negotiating multiple offers on this site and is not obligated to move forward in negotiations with Tenant. Please be advised that any expenditures or obligations undertaken by either party, prior to the execution and delivery of a Lease, shall be at such parry's sole cost and expense. If Sm July 14, 2009 you should have any questions or require any additional information, please do not hesitate to contact me at (805) 962-4300. Very truly yours, LE Lindsay Parton APPROVED AND ACCEPTED THIS DAY OF 2008 TENANT: BY: ITS: cc: Eric Sahn, DJM Capital Partners, Inc. Heather Hollister, DJM Capital Partners, Inc. Becky Sullivan, DJM Capital Partners, Inc. -7- Exhibit A Premises July 14, 2009 -8- EXHIBIT "C" PREVIOUSLY OCCUPIED SPACE POSSESSION "AS -IS" July 14, 2009 - TENANT SHALL TAKE AMP YESPM February 4, 2009 FOR: EMI Attn: Rod Wilson 4737 W. 1561h Street Lawndale, CA 90260 FROM: YOUNG ELECTRIC SIGN COMPANY Dave Jones, Account Executive Los Angeles Division 5405 N, Industrial Parkway San Bernardino, California 92407 909-923-7668 Telephone 909-923-5015 Fax RE: Reface channel letters for Huntington Beach Blvd. of Cars pylon sign Young Electric Sign Company to perform the following scope of work: Remove and discard existing channel letter faces and trim cap for (2) two sets of "Huntington Beach BLVD of CARS EXIT BEACH BLVD" and the (2) two arrow letters. Manufacture and install the following: 1. (2) Two sets of 1' 6" high red acrylic channel letter faces and trim cap, letters reading, "Huntington Beach." 2. (2) Two sets of 3' high red acrylic channel letters faces and trim cap, letters reading "BLVD of CARS." 3. (2) Two sets of 1' 6" high red acrylic channel letters faces and trim cap, letters reading ``EXIT BEACH BLVD" with arrow letter also. Exact red acrylic color is to be determined. www.yesco.com 'Y 0 11 N V. L E U, 'f I i if, Iv 17 6 ill I C 4 Nil I- A i � V I.os Aiiqj,.Ar,�s liivisinw [Z FO A L March 27- 2009 FOR: 1:1kil 'Attil: Rod Wilson -1,7-,7 Mi. 1 �6"' Strcct kiwild"'11C. CA 90200 FRON,I: YOt.;'NG I'A.ECTRIC `` IGN C0N/11'.ANY Davc.loncs- Account J:xccu['IVC Pepaikii all pole covers and Cabinets on I ItInfill-ton Beach Blvd. of C.Irs pylon si-li youlw) Hcctric Sk-)Il Commiliv to perlol-Ill the -scout: of' work: RCI-)"lilitall pale k,-o\CIS- CNI)OSCCI I-)]I)C OHCI Ca1-)IIICIS 011 11011tingtoll llcach RMI. ol'Cars i5' mcrall 1160)t pylon slL�jl. 3 From: Rod Wilson Sent: Wednesday, February 25, 2009 11:52 API To: 'Bill ®emarest' Subject: FW: HB Tri-Vision Bill, the price to fabricate and install all six vinyl faces (12' x 271 V each), including crane labor is $8,955.30 (includes tax). Note: The sign has two tri-visions one on each side of sign, totaling 6 faces to change. Price includes removing all tri-vision louvers and placing them on a jig at the bottom of sign, applying new vinyl creative faces on all 6 sides of the louvers and then reinstalling and synchronizing both sides of tri-vision. Job will take 10 to 14 days to fabricate vinyl after proof is signed off, and 3 days to install and synchronize. Terms: 60% down 50% upon completion Bill, let me know if you have any questions. Electra Media, Inc. Rod Wilson I President 4737 W. 156th Street lawndale, CA go26o P (31o) 725.o816 F (31o) 725.o817 C (31o) 625.6966 Please consider the environment before printing this email. E ONST US 04 Huntington Beach Auto Dealers Business Improvement District Report/Budget October 1, 2009 to September 30, 2010 REVENUE (1) Previous Years Carry Over (estimated) $26,000 Business Improvement Assessment 156,060 Total Revenues: $182,060 EXPENSES: Promotional Activities and events (2) Management Services Misc/Dues and Fees $25,000 27,000 500 _ Office Supplies _ _ _ 1,000 Subtotal Promotional: $53,500 Reader Board Sign Maintenance Electricity $15,000 Insurance 10,600 Loan payment 83,700 Maintenance 12,300 Phone (data transmission) 1,200 Programming for sign 5,760 Subtotal Reader board sign $128,560 Total Expenses Notes: (1) Car Store/Loan assessments are based on $785 per month for members The operating assessment income is $660 per month per dealer. Dealers pay $1445 per month including a 1% administrative charge. Surplus revenue represents excess aggregate loan assessment maintained by ciy finance dept. (2) HB Athletic Programs ($2000): School Scholastic Programs ($2000); School Grad Nights ($2500): Image advertising to buy at home ($12,000): Plus Misc. promotional activities and events ($6,500). $182,060 ATTACHMENT #3 i1.CITY OF HUNTINGTON BEACH N INTERDEPARTMENTAL COMMUNICATION FINANCE riN���IT I NGT�2 DEPARTMENT TO: FRED A. WILSON, CITY ADMINISTRATOR,` / FROM: BOB WINGENROTH, DIRECTOR OF FINANCE SUBJECT: F I S 2009-10-04 Approval of Loan and Grant Request from the Huntington Beach Automobile Dealers Association DATE: OCTOBER 12, 2009 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approval of Loan and Grant Request from the Huntington Beach Automobile Dealers Association." If the Council approves this action: • The estimated undesignated budgetary fund balance of the Merged Project Area Debt Service fund will be reduced to $5,108,000 at September 30, 2010. • The estimated undesignated budgetary fund balance of the Merged Project Area's Capital Projects Fund will be reduced to $1,764,000 at September 30, 2010. BW/rs RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Approval of Loan and Grant Request from the Huntington Beach Auto Dealers Association COUNCIL MEETING DATE: October 19, 2009 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) El Notached t Applicable Staff Report (If applicable) Nott Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Deputy-CityDeputy.City Administrator Initial City Administrator Initial ) ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: Powell City of Huntington [leach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 21, 2009 Huntington Beach Automobile Dealers Association, Inc. 7755 Center Drive, Suite 1100 Huntington Beach, CA 92647 To Whom It May Concern: Enclosed for your records is a copy of the Loan Agreement between the Redevelopment Agency of the City of Huntington Beach and the Huntington Beach Automobile Dealers Association. Sincerely, JF:pe Enclosure: Agreement G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 )