HomeMy WebLinkAboutKristen Schaffner Irvin dba TEAM PETROLEUM and Kristen Schaffner Petroleum - sales tax agreement - 8/3/98 - 1998-08-03H CITY OF HUNTINGTON BEACH
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2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: 04-11-00
TO: Kristen Schaffner Irvin ATTENTION:
Name
16400 Pacific Coast Highway, #22bEPARTMENT:
Street
Huntington Beach, CA 92649 REGARDING: 1st Amendment to
City, State, zip Sales Tax Agreement
See Attached Action Agenda Item IF _ 13 Date of Approval 4-3- b0
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page is Agreement X
RCA
CC: D.
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X
Name
E .
Department
U-OrsI -
RCA
Name
Department
RCA
Name
Department
RCA
Name
Department
RCA
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x
Risk Management Dept.
Bonds Insurance X
Deed Other
x X
Agreement Insurance Other
Agreement Insurance Other
Agreement Insurance Other
Agreement Insurance Other
X
Insurance
G: Followup/Letters/coverltr
(Telephone: 714-536-5227 )
Council/Agency Meeting Held: 4-3—OD
Deferred/Continued to:
4 V 0,
Approved ❑ onditionally Approved ❑ Deni �P S Signature
1) 7
r— hue
Council Meeting Date: April 3, 2000 Department ID Number: ED 00-15
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE . MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator01oJ > '2'
_J..
PREPARED BY: DAVID C. BIGGS, Director of Economic Development
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SUBJECT: Approve the First Amendment to Team Petroleum Sales Tax
Agreement
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)
Statement of Issue: Team Petroleum, owned by Kristen Schaffner Irvin, is a Huntington
Beach wholesale petroleum supplier that has been located in the City since its inception in
1992. The business has been located at Peter's Landing since 1994. In February, 2000,
Team Petroleum moved to its new location at Plaza Almeria. In 1998, a Sales- Tax
Agreement was approved by City Council to financially assist Team Petroleum. Phase 1 of
the Agreement dealt with retention at Peter's Landing. Phase 2, relocation to Plaza Almeria,
has raised some questions regarding time of commencement. When the initial agreement
was drafted in 1998, it was not foreseen that the lease for Phase 2 would commence five
months prior to relocation to Plaza Almeria. The attached First Amendment to the Sales Tax
Agreement is intended to clarify and resolve this timing issue.
Funding Source: General Fund revenues through a formula that reimburses a portion of
the sales tax revenue generated by Team Petroleum. The financial impact of the 1998 Sales
Tax Agreement is unchanged with this First Amendment to the Sales Tax Agreement, since
only the commencement date of the five year Phase 2 portion is affected.
Recommended Action: Motion to:
1. Approve the First Amendment to the Sales Tax Agreement between the City of
Huntington Beach and Kristen Schaffner Irvin and authorize its execution by the Mayor
and City Clerk.
Alternative Action(s):
1. Do not approve the attached First Amendment to the Sales Tax Agreement between the
City of Huntington Beach and Kristen Schaffner Irvin.
2. Direct city staff/City Attorney to modify the attached First Amendment to the Sales Tax
Agreement between the City of Huntington Beach and Kristen Schaffner Irvin. 1
�1
•
REQUEST FOR CITY
COUNCIL ACTION
MEETING DATE: April 3, 2000
DEPARTMENT ID NUMBER: ED 00-15
Analysis: The existing Sales Tax Agreement between the City of Huntington Beach and
Team Petroleum consists of two phases, with an effective date of July 1, 1998.
Phase 1 covered retention at Peter's Landing with reimbursement for rent and tenant
improvements. Phase 2 covers relocation to Plaza Almeria once the project became ready
for occupancy. The Agreement calls for reimbursement of relocation costs, monthly rent,
parking fees, and tenant improvements. Phase 2 covers a period of up to five years.
In October, 1999, Team Petroleum's lease at Plaza Almeria became effective. In February,
2000, Team Petroleum moved to Plaza Almeria. Team Petroeum has requested that the five
year term of Phase 2 commence when the lease became effective rather than when they
began operating at the new location. When the initial agreement was drafted in 1998, it was
not foreseen that the lease for Phase 2 would begin in October, 1999, while relocation to
Plaza Almeria would not transpire until February, 2000. The attached First Amendment to
the Sales Tax Agreement is intended to clarify and resolve this timing issue.
Environmental Status: N/A
Attachment(s):
RCA Author: Eli Naffah, 5088
RCATPAMD
.2-
1
3/27/00 2:04 PM
•
CJ
First Amendment to Sales Tax Agreement
FIRST AMENDMENT TO THE
SALES TAX AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
KRISTEN SCHAFFNER IRVIN
Aprj'jiIS FIRST AMENDMENT TO THE SALES TAX AGREEMENT ("Amendment"), dated as
of March 3rd, 2000, is entered into by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California ("City") and KRISTEN SCHAFFNER IRVIN, dba
TEAM PETROLEUM and KRISTEN SCHAFFNER PETROLEUM ('Business Owner").
RECITALS
A. Business Owner and the City entered into the "Sales Tax Agreement" (hereinafter
referred to as "Agreement") as of August 3, 1998.
B. The Agreement provided that City would assist Business Owner with its rent and tenant
improvements from sales tax revenues the Business Owner generates. The Agreement further
provided for one level of assistance so long as Business Owner was located at.,16400.Pacific Coast --
Highway, Suite 221, Huntington Beach, California, and a second higher level of assistance upon
Business Owner's relocation to Plaza Almeria.
C. The Business Owner signed a lease with Plaza Almeria, which commenced on October
15, 1999 and expires on October 14, 2004. Although the Business Owner has been paying rent for
Plaza Almeria since October 15, 1999, she did not physically relocate from the Pacific Coast Highway
Site to the Plaza Almeria until February 2000. The Agreement did not contemplate that Business
Owner would be leasing both the Pacific Coast Highway and the Plaza Almeria Sites simultaneously.
It is the City's position that under the Agreement, until Business Owner has physically relocated to
Plaza Almeria, the lower level of assistance continues; however, the Business Owner contends that the
higher level of assistance begins when she began paying rent for Plaza Almeria. .
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:
Section 1. Section 1.7 of the Agreement is amended to read as follows:
"1.7 "Operating Period" means the period beginning with the Commencement Date
and expiring on October 14, 2004.
Section 1. Section 4.3 of the Agreement is amended to read as follows:
"4.3 Base Rental Expense Assistance for the Plaza Almeria Site. Upon the
effective date of any lease agreement between Business Owner and Plaza Almeria,
City shall reimburse Business Owner her rent for the Plaza Almeria Site, not
exceeding $2.00 per month per square foot of leased space up to a maximum of two
thousand (2,000) square feet of leased space; that is the maximum base rental
reimbursement for the Plaza Almeria Site is Four Thousand Dollars ($4,000.00) per
SF: 2000 Agree: Amend 1 Team Pet.
RLS 00-157
3/22/00 - #2
month. Further, in connection with the Plaza Almeria Site, the City will reimburse
common area maintenance ("CAM") charges not exceeding Two Hundred Dollars
($200.00) per month and the cost of up to four (4) reserved parking spaces, not to
exceed $2,880.00 per year. This Assistance is subject to offset based upon Business
Owner providing a minimum Sales Tax Increment to the City as described below.
Further, City's obligations to reimburse Business Owner in connection with the
Pacific Coast Highway Site shall terminate concurrently with the effective date of
the Plaza Almeria lease."
Section 2. Section 4.4 of the Agreement is amended to read as follows:
"4.4 Relocation Assistance for Moving from the Pacific Coast Highway
Site to the Plaza Almeria Site. City shall reimburse Business Owner for relocation
costs incurred in connection with moving to the Plaza Almeria Site, provided the
expenses are incurred between thirty (30) days before and thirty (30) days after
physical relocation to Plaza Almeria and further that the expenses not exceed Five
Thousand Five Hundred Dollars ($5,500.00). This Assistance is subject to offset
based upon Business Owner providing a minimum Sales Tax Increment to the City
as described below, for the Fiscal Year in which the expense -is incurred:"
Section 3. Section 4.6 of the Agreement is amended to read as follows:
"4.6 Tenant Improvement Assistance for the Plaza Almeria Site. City shall
reimburse Business Owner all tenant improvements costs, all costs in connection
with acquisitions of furniture, furnishings and fixtures and the cost for additional
computers incurred in connection with moving to the Plaza Almeria Site, provided
that: (i) the expenses are incurred between one (1) month prior to the effective date
of the Plaza Almeria lease through six (6) months after the effective date of the Plaza
Almeria lease; (ii) the expenses not exceed Sixty Thousand Dollars ($60,000.00);
(iii) Business Owner submits reasonable evidence of such expenses in the form of
invoices and receipts; and (iv) the expenses are reasonable expenses as determined
by the City Administrator, which approval shall not unreasonably be withheld. This
Assistance is subject to offset based upon Business Owner providing a minimum
Sales Tax Increment to the City as described below."
Section 4. Execution in Counterparts. This Amendment 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.
Section 5. Copies. Any executed copy of this Amendment shall be deemed an original for
all purposes.
Section 6. 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
Amendment, shall not affect any other provision of this Amendment, but this Amendment shall be
construed as if such invalid, illegal or unenforceable provision had not been contained herein.
SF/s:PCD:Agree:TeamPetr 2
3/22/00 - #12
Section 7. Interpretation. The language in all parts of this Amendment 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 Amendment requires, the neuter gender includes the masculine, the feminine, a
partnership or corporation or joint venture or other entity, and the singular includes the plural.
Section 8. Except as amended herein, all terms and conditions of the Agreement shall
remain unchanged by this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
on the dates hereinafter respectively set forth.
BUSINESS OWNER:
KRISTEN SCHAFFNER IRVIN,
dba Team Petroleum and
Kristen Schaffner Petroleum
Kristen Schaffner Irvin
ATTEST: -
44--
7:
Gity Clerk
REVIEWED AND APPROVED:
City A inistrator
CITY OF HUNTINGTON BEACH,
a municipal corporation of the
State of California
k"qklw"
Mayor Pro Tem
APPROVED AS TO FORM:
.3 "0.
City Attorney �Z/
3�Z
INITIATED AND APPROVED:
Director of Economic Development
S F/s: PC D: Agree: TeamPetr
3/22/00 - #12
3
MM-1 i -00 FR! 4:.! Pt. ANDIRE'. i&C0. FAX NO. 029478541 F.
A'rO t10,, hw l s l <ks� a R�A�^�99UE DATE 0 ...
TE (MMID "
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03/31/2000
PnoouCEq THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Andreini & Co License 0208825 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
220 West 20th Ave. POLICIES BELOW.
................ .._...... ......... ... ..... ... .......... .
San Mateo, CA 94403 COMPANIES AFFORDING COVERAGE
(650)573-1111 Fax(650)378-`43`�6+1
LYrT1Y"" 1"A COMPANY
�'11.� Tip (�Jo.)O LETTER A WESTPORT INSURANCE COMPANY
..................................................................................................
LETTER
B AI.0 INSURANCE COMPANY
INSURED
TEAM PETROLEUM COMPANY
LETTER C
301 MAIN ST., #212
HUNTINGTON BEACH, CA 92648 OOMPANY
LETTER D
COMPANY E -
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH P.ESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE IUSJRA:NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED'BY PAID CLAIMS.
COI TYPE OF INSURANCE POLICY NUMBER POLICY E"TCTIYE POLICY EXPIRATION LIYR$
LTR :- DATE (MMIDOMY) DATE MMOOM'I
A. DENFAAL LIABILITY
GENERAL AGGREGATE S 2,000, 0 0 Q
,- X: COMMERCIAL GENERAL WAGILITY W HL OW1194 PAOCUCTS-COMPtOP AGO f 1, 0 0 0 0 0 Q
....... .. ...
CLAMS MADE X :OCCUR. _ PERSONAL f AOV. INJURY !f 1,000, 0 0 0
_......, ;05/04/99 05/ 04/ 00>................... ......... .................... .. .
OWNER'S 6 CONTRACTOR'S PROT. - EACH OCCURRENCE I 1,000, 000
X *SEE BELOW 1 FIRE DAMAGE (Any ore No) a 5 O , 0 0 0
......... ..
MED EXPENSE (Any onn Delson) s 51000
AUTOMOBILE LIABILITY
CGNgINED SINGLE
A.-X ANY AUTO WHL ODD11A4 LIMIT 'f 11000, 000
ALL OWNED AUTOS
05/04/99 OS/ 04/ 00 goD:LY INJURY
SCHEDULED AUTOS (Pet perwn)
X ;HIRED AUTOS GOD-LY INJURY
(Par ac6den0
X=,NON•OWNED AUTOS
f
GARAGE LIABILITY
PROPERTY DAMAGE a
:Excm LIABILITY :EACH OCCURRENCE �3
B X . UMBRELLA FORM _.... ........ ... ..........
8F 701 as a>' 0 5 /04 /9 9 0 5/ 0 4/ 0 0 AGGREGATE
.: OTHER THAN UMBRELLA FORM - :........ ....... ......- ... . -.... _... ....
... .. ... ..-...... ........ .
WORKER'S COMPENSATION - ; STATUTORY LIMITS - -
... .... . ...... .....—..... ...... ...... I ...... .. ....
AND APPROVER t..S TO FORM: EACH ACCIDENT f ...........
...............
DISEASE - POLICY LIMIT 3
EMPLOYERS' LIABILITY GAIL HUTWIT, City Attorney � ......................... .. ... ..........
DISEASE • EACH EMPLOYEE f
... ........... ..... ..... ...... - .. By ..Deputy Cii'� �tOd i3
• oT>+en c-'i
...... ._........................... _. _ ....... _ ................................................................................ _ .
DESCRIP71ON OF OPERATION&ILOCATIONSNEHK LESISPECIAL ITEMS
WAIVER OF SUBROGATION INCLUDED. CITY OF HUNTINGTON BEACH, ITS
OFFICIALS, EMPLOYEES & AGENTS ARE NAMED AS ADDITIONAL INSURED PER
ATTACHED ENDT.
30 DAYS CANCELLAT ON EXCEPT WITH RESPECT -TO NO -PAY WHICH IS 10 DAYS.
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. _: .:: .-... .-.�->..r.r --.. i-.. �_ .. .... .via`.. �� .-•t _y .� ....... .. .. ...
s SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
if EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E
MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF HUNTINGTON BEACH LEFT,
PURCHASING DEPT
.4'
200 MAIN ST. ,;:
AUTNoaWD REPRESE/ITATNE
HUNTINGTON BEACH CA 92648
MAR-31-2000 16:30 029476541 96% P•02
MAR" -OC FR'. 4 .2 ?I:' A"1DIRE NCO. FAjX; X0. 020478541 F. ?
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Policy Number:WHL 0001194 Commercial General Liability
POLICY FORMS & ENDORSEMENTS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, & EMPLOYEES
Ilf no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an Insured but only with respect to liability arising out of "your work" for that insured by or for you,
INSURED:
TEAM PETROLEUM
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984
MAR-31-2000 16:30 029478541 96% P.03
RPR. 3.200� 12 • 39PM TERM PETROLEUM (KSP) NO.05E_ P.21��
r'1rm. J. GYJYJ 1G �an11 • I`IV. C7b I''.
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 ti Te -lo
COMPENSATION
INS�JRANOE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
APRIL 3, 2000 1391222 — 00
POLICY NUMBER: �_�-��
CERTIFICATE EXPIRES:
r-
CITY OF Ht1NTINGT0N BEACH
ECOiciaMIC DEVELORgNT
2000 I'IAIN STREET
[•RWINGrTOI BEACH CA 92648
L.
This is to certlfy that we have Issued a valid Workers' Compensation Insurance policy in a form approved by the California
Insurance Commisslonerto the employer named below forthe policy period Indioated.
This policy is not subject to cancellation by the Fund except upo►ft days' advance written notice to the employer.
30
We wilf also give yoQWN days' advance notice should this policy be cancelled priorto its normal expiration.
This oertlflcate of insurance is not an Insuranoe policy and does not amenq, extend or alter the coverage afforded by the.
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance mkf be issued or may pertain, the Insurance afforded by the policies
described herein Is subject to all the terms, exclusions and conditions of such policies.
AUTHORIZED fWEPREB TATIVE
PRESIDENT
WLOYER-S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDOOMSEMENT #2065 ENTITLED CEUIFICATE HOLDERSO NOTICE EFFECTIVE
04/03/00 IS ATTACHED TO A19D FORMS A PART OF THIS POLICY.
tOtiT'9 ,S TO FORM*I .
1' =L City Attorn®X
• ��� OBI °
CityAttor",
Deputy .
7,
EMPLOYER
a
TRAM PETROI,EVM
301 • MAIN STRTsET #212
HUNTINGTON BEACH MCA 92M
L.
APR-03-2000 12:44 17149604271 qe% P•02
0 •
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Economic Develo ment
SUBJECT'
►rst_ A_mtiendment"to Team Petroleum Sales Tax Ag_r_eemen't
COUNCIL MEETING DATE:
I FA = hF 3, -2000
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorne
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement Unbud et, over $5,000)
Not Applicable
Bonds If applicable)
Not Applicable
Staff Report If ap plicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not A licable
.
`EXPLANATION FOR MISSING. ATTACHMENTS
EXPLANATION. FO-R RET.U,RN_O..F ITEM
RCA Author: Naffah
.B/G6S- �&
NA`Fi9 - )
Council/Agency Meeting Held:
7Z �,Q,/Z)
Deferred/Continued to:
Approved Con i ionall Approv d Denied
vl� City Clerk's Signature
Council Meeting Date: August 3, 1998
Department ID Number: ED 98-26
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator 0*, .)
PREPARED BY: DAVID C. BIGGS, Director of Economic Development
#*
SUBJECT: Retention/Relocation Of Team Petroleum
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Statement of Issue: Team Petroleum owned by Kristen Schaffner Irvin is a Huntington
Beach wholesale petroleum supplier that has been located in the City since its inception in
1992. The business has been located at Peter's Landing since 1994. Team Petroleum was
the City's 15th largest sales tax generator during the first quarter of 1998. During the 1996-97
fiscal year, the business generated approximately $200,000 in sales tax revenue to the City.
Team Petroleum has outgrown its current office space and has approached several cities in
addition to Huntington Beach requesting financial assistance. City staff has been negotiating
with Team Petroleum since December 1997 when the firm first requested financial
assistance.
Funding Source: General Fund revenues through a formula that reimburses a portion of
the sales tax revenue generated by Team Petroleum.
Recommended Action: Motion to:
1. Approve the Sales Tax Agreement between the City of Huntington Beach and Kristen
Schaffner Irvin and authorize its execution by the Mayor and City Clerk.
2. Approve an appropriation of $8,155 from the General Fund Unappropriated Fund Balance
for maximum costs for the 1997-1998 fiscal year!
Alternative Action(s):
1. Do not approve the attached Sales Tax Agreement between the City of Huntington Beach
and Kristen Schaffner Irvin.
2. Direct city staff/City Attorney to modify the attached Sales Tax Agreement between the
City of Huntington Beach and Kristen Schaffner Irvin.
REMEST FOR CITY COUNCIL APION
MEETING DATE: August 3, 1998
DEPARTMENT ID NUMBER: ED 98-26
Analysis: The proposed agreement between the City of Huntington Beach and Team
Petroleum consists of two phases, with an effective date of July 1, 1998.
Phase 1 - Retention at Peter's Landing with reimbursement for current rent ($1,584/mo.) plus
supplemental office space (up to $800/mo. if needed) and tenant improvements (up to
$1,000 if needed).
Phase 2 - Relocation to Plaza Almeria in the downtown once the project is ready for
occupancy. The proposal calls for Phase 2 reimbursement of relocation costs (up to $5,500),
monthly rent ($2/sq.ft.), parking fees ($240/mo.), and up to $3,000 quarterly (to a $60,000
maximum for the duration of the agreement) for reimbursement of tenant improvements,
furniture, furnishings, fixtures, and computers. All payments are to be made in arrears with
an annual reconciliation based upon actual sales tax levels.
Phase 2 will cover a period of up to five years for office space ranging between 2,000 - 3,000
square feet dependent upon the business growth of Team Petroleum. The City will fully
reimburse, as described above, for up to 2,000 sq.ft. of space when the City's annual sales
tax share of Team Petroleum's operations equals at least $150,000. If Team's operations
generate less than $150,000 to the City, then the City's reimbursement would be reduced by
an equal proportion.
If Team occupies between 2,001 sq.ft. -3,000 sq.ft., the City will fully reimburse, as described
above, for the additional space if the City's annual sales tax share equals at least $225,000.
If sales taxes are between $150,001 and $225,000, then the portion of reimbursement paid
by the City will be increased above the 2,000 sq.ft. level proportionate to sales tax above the
$150,000 base level.
Further details are included in the attached Agreement prepared by the City Attorney's office.
In summary, we recommend this agreement be approved in order to convert a potential
short-term significant loss to the General Fund into a possible long-term financial gain for the
City. Team Petroleum has a commitment from the City of Seal Beach and was ready to
leave Huntington Beach. If Team Petroleum moves, the current $200,000 in annual sales
tax revenue to the City will become $0. With this agreement, the City nets between
$121,000 to $137,000 annually if Team Petroleum maintains its current $200,000 in sales
tax.
All indications are that Team Petroleum will continue to grow. Since 1992, the average
annual growth in sales tax revenue to the City from Team Petroleum has been over
$45, 000. Team Petroleum has indicated to staff that recent new contracts in California will
generate millions of dollars in annual sales, which will add to sales tax growth. This
agreement will assure that Team Petroleum will remain in Huntington Beach for 5 to 6 years.
Environmental Status: N/A
RCATEAMP -2- 07/29/98 8:50 AM
REQCIEST FOR CITY COUNCIL ARION
MEETING DATE: August 3, 1998
Attachment(s):
DEPARTMENT ID NUMBER: ED 98-26
1. Sales Tax Agreement
2. Financial Impact Statement.
3. General Fund Budget Amendment —"Exception Form."
4. Certificates of Insurance
RCA Author: Eli Naffah, 5088
RCATEAMP -3- 07/28/98 2:53 PM
•
0
AGREEMENT BETWEEN CITY AND TEAM PETROLEUM
...... . .... .. .. .... . . ....
ATTACHMENT #1..........
SALES TAX AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
KRISTEN SCHAFFNER IRVIN
THIS SALES TAX AGREEMENT ("Agreement"), dated as of August 3, 1998, is entered
into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State
of California ("City") and KRISTEN SCHAFFNER IRVIN, dba TEAM PETROLEUM and
KRISTEN SCHAFFNER PETROLEUM ("Business Owner").
RECITALS
A. Business Owner is in the business of selling gasoline and other petroleum
products. Business Owner's current point of sale for purposes of the Uniform Local Sales and
Use Tax Law is her office located at 16400 Pacific Coast Highway, Suite 221, Huntington
Beach, CA 92648.
B. Business Owner is currently contemplating relocating to Mitchell Plaza, 1700
Pacific Coast Highway in the City of Seal Beach.
C. City recognizes that relocation of Business Owner to Seal Beach will harm the
economic vitality of the City. City further recognizes that retention of Business Owner 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 retain her business in the City, and to
relocate to the City's Redevelopment Area, the City is willing to provide financial assistance to
the Business Owner as described in this Agreement, provided that Business Owner continues to
make Petroleum Sales within the City during the Operating Period.
E. By its approval of this Agreement, the City Council of City has found and
determined 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 Increment 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 current and future offices to insure continued
Petroleum Sales and the resulting increase in 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:
1. DEFINITIONS.
The capitalized terms and words used in this Agreement shall have the following
meanings unless expressly provided to the contrary:
1.1 Base Rental Expense Payment means an installment of Monthly Base Rental
payable under the terms of the lease for the Sites during the Operating Period.
1.2 "Base Sales Tax Increment" shall mean the first One Hundred Fifty Thousand
Dollars ($150,000.00) the City receives in Sales Tax Increment.
1.3 "Commencement Date" means July 1, 1998.
1.4 "Event of Default" means any event so designated in this Agreement.
1.5 "Fiscal Year" means July 1 through June 30.
1.6 "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.
1.7 "Operating Period" means the period beginning with the Commencement Date
and expiring five years subsequent to Business Owner relocating to and commencing a lease at
Plaza Almeria or a mutually agreeable location.
1.8 "Party" means any party to this Agreement. The "Parties" shall be all parties to
this Agreement.
1.9 "Petroleum Sales Business" means operations Business Owner conducts to sell
gasoline and other petroleum products.
1.10 "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 owing or obligated to pay
Sales Tax.
1.11 "Person" means any entity, whether an individual, trustee, corporation,
partnership, trust, unincorporated organization, governmental agency or otherwise.
1.12 "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 Sites. 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
SF/s:PCD:Agree:TeamPetr 2
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other entity, or any funds paid, granted or allocated to City by 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 Sites.
1.13 "Sites" refer to the properties commonly known as 16400 Pacific Coast Highway,
Suite 221, Huntington Beach, California 92649; and, Plaza Almeria, located on Main Street,
between Olive and Orange in Huntington Beach, California 92648, or a mutually agreeable
location. "Site" refers to one of the Sites.
1.14 "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 is Kristen Schaffner Irvin, an individual
doing business as Team Petroleum and Kristen Schaffner Petroleum, whose mailing address for
purposes of this Agreement is: Team Petroleum, 16400 Pacific Coast Highway, Suite 221,
Huntington Beach, California. Wherever the term "Business Owner" is used in this Agreement,
the term shall be deemed to refer to Kristen Schaffner Irvin.
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 the City may not unreasonably
withhold.
By executing this Agreement, Business Owner warrants and represents to City that she
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 operate her
Petroleum Sales Business on one or the other Site during the Operating Term.
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• .!
3.2 Sites. Business Owner shall continue to lease the Pacific Coast Highway Site for
operating her Petroleum Sales Business. Business Owner may lease additional supplemental
office space at the Pacific Coast Highway Site. Business Owner shall, in reasonable time,
relocate her Petroleum Sales Business to the Plaza Almeria Site and enter into a five- (5) year
lease. If Business Owner is unable to lease an office in Plaza Almeria, Business Owner and the
City Administrator shall negotiate in good faith on an alternative site in the City of Huntington
Beach for Business Owner's offices. If said negotiations are unsuccessful, either party may
terminate this. Agreement upon thirty (30) days' written notice to the other party. Any Site lease
shall contain a provision allowing Business Owner to cancel the lease if this Agreement is
terminated before the end of the Operating Period.
3.3 Maximize Sales Tax. During the Operating Period, Business Owner shall use her
best efforts, consistent with the requirements of law, to designate the Sites as the point of sale in
all retail sales of gasoline and other petroleum products. Business Owner shall not open any
other offices in Southern California (i.e., the Counties of Ventura, Los Angeles, Orange,
Riverside, San Bernardino, San Diego, Imperial, Santa Barbara, San Luis Obispo, and Kern).
Further, if Business Owner opens a Northern California office, all the then -current sales accounts
serviced from the Sites shall remain -the point of sale.
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, 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 in the Petroleum Sales
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.
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:
(i) Comprehensive General Liability in an amount 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. City and its officials, employees and
volunteers shall be covered as additional insureds with respect to liability arising out of activities
by or on behalf of. Business Owner or in connection with the use or occupancy of the Sites.
Coverage shall be in a form reasonably acceptable to the City's Risk Manager and shall be
primary as to any insurance or self-insurance maintained by City.
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0
(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).
3.5.1 Acceptable insurance coverage shall be placed with carriers admitted to
write insurance in California, or carriers with a rating of or equivalent (as reasonably determined
by City's Risk Manager) to ANIII by A. M. Best & Company. Any deviation from this rule
shall require specific written approval from City's Risk Manager. Any deductibles or self -
insured retentions in excess of Ten Thousand Dollars must be declared to and approved by City,
which approval may not be unreasonably withheld. Coverage under each policy shall not be
suspended, avoided, or canceled except after 30 days (or 10 days in the case of non-payment of
premiums) prior written notice to City. Business Owner shall furnish City with certificates of
insurance and with original endorsements effecting coverage as required under this section. The
certificates and endorsements for each insurance policy shall be signed by a person authorized by
the insurer to bind coverage on its behalf. City reserves the right to require complete certified
copies of all.insurance policies at any time.
3.6 Local, State and Federal Laws. Business Owner shall carry out the operation of
her 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,
creed, 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 Liti ate. There is no litigation, action, suit, or other proceeding
pending or threatened against the Business Owner or the Pacific Coast Highway Site which may
adversely affect the validity or enforceability of this Agreement or the Petroleum Sales Business
at the Pacific Coast Highway 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 her
obligations hereunder.
3.8.2 Authority. Business Owner has complied with all governmental
requirements concerning her organization, existence and transaction of the Petroleum Sales
Business. Business Owner has the right and power to own and operate its business as
contemplated in this Agreement.
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,
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or constitutes a breach or default under, any agreement by which the Business Owner is bound or
regulated.
3.8.6 Warranty Against Payment of Consideration for Agreement. Business
Owner warrants that she 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 she 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 which may become due to the
Business Owner or its successors, or on any obligations under the terms of this Agreement.
4. OBLIGATIONS OF CITY
4.1 Base Rental Expense Assistance for the Pacific Coast Hijzhway Site. Effective the
Commencement Date of this Agreement, City shall reimburse Business Owner her current rent
for the Pacific Coast Highway Site, not exceeding One Thousand Five Hundred Eighty Four
Dollars and Ten Cents ( $1,584.10) per month. This Assistance is subject to offset based upon
Business Owner providing a minimum Sales Tax Increment to the City as described below.
4.2 Supplemental Rental Expense Assistance for the Pacific Coast Highway Site.
Provided that the Business Owner has leased supplemental office space at the Pacific Coast
Highway Site after the Commencement Date, City shall reimburse Business Owner her
additional lease rent for the supplemental office space, not exceeding Eight Hundred Dollars
($800.00) per month. This Assistance is subject to offset based upon Business Owner providing
a minimum Sales Tax Increment to the City as described below.
4.3 Base Rental Expense Assistance for the Plaza Almeria Site. Upon Business
Owner's relocation to the Plaza Almeria, City shall reimburse Business Owner her rent for the
Plaza Almeria Site, not exceeding $2.00 per month per square foot of leased space up to a
maximum of two thousand (2,000) square feet of leased space; that is the maximum base rental
reimbursement for the Plaza Almeria Site is Four Thousand Dollars ($4,000.00) per month.
Further, in connection with the Plaza Almeria Site, the City will reimburse common area
maintenance ("CAM") charges not exceeding Two Hundred Dollars ($200.00) per month and
the cost of up to four (4) reserved parking spaces, not to exceed $2,880.00 per year. This
Assistance is subject to offset based upon Business Owner providing a minimum Sales Tax
Increment to the City as described below.
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0 •
4.4 Relocation Assistance for Moving from the Pacific Coast Highway Site to the
Plaza Almeria Site. City shall reimburse Business Owner for relocation costs incurred in
connection with moving to the Plaza Almeria Site, provided the expenses are incurred between
thirty (30) days before and thirty (30) days after the move and further that the expenses not
exceed Five Thousand Five Hundred Dollars ($5,500.00). This Assistance is subject to offset
based upon Business Owner providing a minimum Sales Tax Increment to the City as described
below, for the Fiscal Year in which the expense is incurred.
4.5 Tenant Improvement Assistance for the Pacific Coast Highway Site. Provided
that Business Owner submits to the City reasonable evidence in the form of invoices and
receipts, City shall reimburse Business Owner for the cost of tenant improvements, including
furniture, furnishings and fixtures, in connection with renting supplemental office space at the
Pacific Coast Highway Site, not to exceed One Thousand Dollars ($1,000). This Assistance is
subject to offset based upon Business Owner providing a minimum Sales Tax Increment to the
City as described below, for the Fiscal Year in which the expense is incurred.
4.6 Tenant Improvement Assistance for the Plaza Almeria Site. City shall reimburse
Business Owner all tenant improvements costs, all costs in connection with acquisitions of
furniture, furnishings and fixtures and the cost for additional computers incurred in connection
with moving to the Plaza Almeria Site, provided that: (i) the expenses are incurred between one
(1) month prior to relocation to Plaza Almeria through six (6) months after relocation to Plaza
Almeria; (ii) the expenses not exceed Sixty Thousand Dollars ($60,000.00); (iii) Business Owner
submits reasonable evidence of such expenses in the form of invoices and receipts; and (iv) the
expenses are reasonable expenses as determined by the City Administrator, which approval shall
not unreasonably be withheld. This Assistance is subject to offset based upon Business Owner
providing a minimum Sales Tax Increment to the City as described below.
4.7 Supplemental Rental Expense Assistance for the Plaza Almeria Site. Business
Owner, at her discretion, may lease supplemental office space at Plaza Almeria in excess of the
base office space of 2,000 square feet. The City shall reimburse Business Owner her rent for said
supplemental space, not to exceed $2.00 per month per square foot of leased space for the portion
above 2,000 square feet to a maximum of 3,000 square feet. This Assistance is subject to offset
based upon Business Owner providing a minimum Sales Tax Increment to the City as described.
at Section 4.8.1.
4.8 City's Obligation to Provide Assistance Conditional on Sales Tax Increment. The
City's obligation to provide Business Owner with assistance pursuant to Sections 4.1 through 4.6
is conditioned upon Business Owner producing a Sales Tax Increment of not less than One
Hundred Fifty Thousand Dollars ($150,000.00) per fiscal year. To the extent that Business
Owner does not meet the Base Sales Tax Increment, then the reimbursement obligation will be
reduced proportionately.. By way of example, if the City only receives $75,000 in Sales Tax
Increment from Business Owner, then the Assistance obligations set forth at Section 4.1 through
4.6 are reduced by fifty percent (50%).
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4.8.1 City's obligation to provide Supplemental Rental Expense Assistance for
the Plaza Almeria Site (Section 4.7) is conditional upon a Sales Tax Increment of not less than
Two Hundred Twenty Five Thousand Dollars ($225,000). By way of example, if sales taxes are
between $150,001 and $225,000, then the Supplemental Rental Reimbursement Assistance will
be decreased proportionately; that is, if the sales tax increment is $175,000 and Business Owner
leases 3,000 square feet in Plaza Almeria at $2.00 per square foot per month ($6,000.00 per
month), then City will reimburse Business Owner all of the first $4,000.00 per month in rent,
plus one-third of the next $2,000.00 per month of rent or $666.66.
4.9 Reimbursement Procedures. All City payments as provided for in Sections 4.1
through 4.7 will be made on a reimbursement basis only. For the one-time only expenses
included in Section 4.4 (maximum $5,500) and Section 4.5 (maximum of $1,000),
reimbursement payment shall be made by City no later than 45 days subsequent to receiving
from Business Owner a request for payment substantially in the form of Attachment No. 1 to this
Agreement and related supporting documentation. Rental and related reimbursements provided
in Sections 4.1 (up to $1,584.10/mo.), 4.2 (up to $800/mo.), 4.3 (up to $4,440/mo.), and 4.7 (up
to $2,000/mo.) will be paid monthly by City no later than 45 days subsequent to receiving from
Business Owner a request for payment substantially in the form of Attachment No. 1 to this
Agreement and related supporting documentation. Tenant Improvement Assistance for the Plaza
Almeria Site, as provided for in Section 4.6, shall be reimbursed on a quarterly basis, the
quarterly amount being the total expense prorated over the 20 quarters (5-year) lease term at
Plaza Almeria. (The maximum quarterly expense is $3,000 per quarter.)
4.9.1 Business Owner shall submit to City with each reimbursement request
proof of Sales Taxes owed and paid by Business Owner (which proof may be in the form
attached as Attachment No. 1). All requests shall include: (i) satisfactory evidence that Business
Owner has paid the rent or expense; and (ii) that the lease for the Site remains in full force and
effect; and (iii) all reports to the Board of Equalization, as they become available.
4.9.2 City shall reconcile Sales Tax Increment each quarter of the Fiscal Year in
which the Sales Tax Increment was generated on the Sites. For example, the first reconciliation
under this Agreement will be based upon Sales Tax Increment which occurred on the Sites
between July 1, 1998, and September 30, 1998.
4.9.3 For purposes of reconciling the reimbursement payments City is required to
make to Business Owner during any Fiscal Year of the Operating Period, the Sales Tax
Increment thresholds set forth in Section 4.8 herein shall be prorated on a quarterly basis. For
example, for the third quarterly reconciliation of the fiscal year beginning July 1, 1998, assume
the total amount of Sales Tax Increment paid by Business Owner to the State Board of
Equalization between July 1, 1998, and March 31, 1999, is One Hundred Thousand Dollars
($100,000). The portion of the Base Sales Tax Amount attributable to the July 1 - March 31
period would be One Hundred Twelve Thousand Five Hundred Dollars ($112,500) (75% of
$150,000). Assume the rent paid for the Pacific Coast Highway Site was $2,384.10 per month or
$21,456.90 (9.x $2,384.10) for the three quarters. Accordingly, the reimbursement owed by City
to Business Owner would be Nineteen Thousand Seventy-two Dollars and eighty cents
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($19,072.80) ($100,000/$112,500 x $21,460.90). If for any reason the monthly reimbursement
payments result in an overpayment to Business Owner for any quarter of a Fiscal Year, City shall
be entitled to a credit against the next payment or payments otherwise due to Business Owner in
the amount of the overpayment.
4.9.4 The City shall finally determine if the Business Owner has met the Sales
Tax Increment threshold for each Fiscal Year for purposes of reconciling the reimbursement
payments pursuant to Section 4.1 through 4.7, as soon as the City has confirmed receipt of Sales
Tax Increment for the same Fiscal Year. If it is determined that there was an overpayment or
underpayment of the monthly reimbursement payment, then the City shall be entitled to a credit
or the Business Owner shall be entitled to an additional payment concurrently with the next
reimbursement payment due.
4.10 Confirmation that Sales Tax Increment Has Been Received. City may confirm
that Sales Tax Increment has been received in one of several ways. First, Business Owner shall
provide City with copies of the quarterly (or, if applicable, monthly) Board of Equalization
reports filed by its Business Owner together with a copy of her canceled check or other proof of
payment of Sales Tax reasonably satisfactory to City. City also may rely upon the Board of
Equalization report which follows payment to City setting forth the sources of City's portion of
the Sales Tax. Should City rely upon Board of Equalization for reports, Business Owner may
challenge the accuracy of such reports.
4.11 Sales Tax Increment. Should the calculation or allocation of Sales Tax Increment
substantially and/or materially change over the course of this Agreement, then either Party may
terminate this Agreement upon thirty- (30) days written notice to the other Party.
4.12 Legal Challenge. Should any third party challenge the validity of this Agreement
through a taxpayer suit or otherwise, either party may terminate this Agreement upon thirty (30)
days written notice.
5. DEFAULTS AND REMEDIES
5.1 Events of Default. The following acts or omissions shall initiate the default
sequence:
(a) If Business Owner materially breaches any of her obligations under
Sections 3.1 through 3.5 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.
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(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 together
with a copy of her canceled check or other proof of payment of Sales Tax reasonably satisfactory
to City, as required pursuant to Section 4.10.
(e) If City fails to timely pay its obligations hereunder.
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
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 Attorneys' Fees. If any Party brings an action to enforce the terms hereof or
declare its rights hereunder, each Party shall be responsible for its own attorneys' fees.
6.3 Venue. In the event of any litigation hereunder, all such actions shall be instituted
in the Superior Court of the County 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.
6.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
6.5 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.
6.6 Attachments Incorporated. The Attachment to this Agreement is incorporated
herein by this reference.
6.7 Copies. Any executed copy of this Agreement shall be deemed an original for all
purposes.
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6.8 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 had not been contained herein.
6.9 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 or joint venture or other entity, and the singular includes
the plural.
6.10 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.
6.11 Inte rag tion. 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.
6.12 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.
6.13 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 personal
service (including by means of professional messenger service) or, five (5) days after mailing via
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•
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:
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
If to Business Owner:
Kristen Schaffner Irvin
16400 Pacific Coast Highway
Suite 221
Huntington Beach, CA 92649
with copies to (which shall not constitute notice): with copies to (which shall not constitute
notice):
City Attorney
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Walter J. Wilson, Esq.
333 West Broadway, Suite 200
Long Beach, CA 90802
and
Uday Sawhney, CPA
333 W. Broadway, Suite 105
Long Beach, CA 90802
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 date
hereinafter respectively set forth.
BUSINESS OWNER:
KRISTEN SCHAFFNER IRVIN,
dba Team Petroleum and
Kristen Schaffner Petroleum
CITY OF HUNTINGTON BEACH,
a municipal corporation of the
State of California
By' u Y.
`Kristen Schaffn ,,., n M or
ATTEST- APPROVED AS TO FORM:
City Clerk 9� City Attorney
T�z�19
REVIEWED AND APPROVED:
City4Cministrator
SF/s:PCD:Agree:TeamPetr 12
7/29/98 - # 12
INITIATED AND APPROVED:
6W C. &V
Director of Economic Development
• •
ATTACHMENT NO. 1
Business Owner's Certificate
Date:
Kristen Schaffner Irvin ("Business Owner") hereby requests reimbursement in the amount, and
on the date, set forth below, pursuant to that certain Sales Tax Agreement between the City of
Huntington Beach and Kristen Schaffner Irvin. Capitalized terms used and not otherwise defined
herein shall have the meanings set forth for them in the Agreement.
REQUESTED AMOUNT:
Business Owner hereby represents and warrants to City that:
1. On , Business Owner paid Sales Taxes for the
to fiscal year quarter [month] to the California Board of
Equalization in the amount of $ Attached hereto is a true and complete photocopy
of our quarterly [monthly] filings or other proof of payment.
2. On , Business Owner paid rent for its offices at
16400 Pacific Coast Highway, Huntington Beach, CA/Plaza Almeria in the amount of $
Attached hereto are true and correct copies of the canceled rent check or other proof of payment.
3. On , 19 , Business Owner paid $
for , and requests reimbursement for said expense.
Attached hereto are true and correct copies of the canceled check or other proof of payment."
Kristen Schaffner Irvin
PAYMENT APPROVED:
City Representative
Fiscal Impact Statement
CITY OF HUNTVNGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: Robert J. Franz, Deputy City Administrator
Subject: FIS 98-56 Retention/Relocation of Team Petroleum
Date: July 7, 1998
As required by Resolution 4832, a Fiscal Impact Statement has been
prepared for "Retention/Relocation of Team Petroleum".
If the City Council approves this action (total appropriation $8,155),
the estimated unappropriated, undesignated General Fund balance
at (--4tWber 30, 1,9, 8 will be reduced. to $5,108,828.
Robert J.-Franz
Deputy City Admin
Beginning Fund Balance 10/1/97 (audited)
$ 5,118,690
$ 9,183,000
Plus: Estimated Revenue
102,472,050
105,982,740
Less: Estimated Expenditures
(102,631,445)
(101,310,292)
Less Self -Insurance Transfers
(1,800,000)
Less Transfers to C.I.P.
(3,300,000)
Less Labor Contingencies
(233,153)
Less Approved FIS's
(3,405,312)
Less FIS 98-56
(8,155)
Estimated 9/30/98 Balance
$ 4,959,295
$ 6,108,828
Estimated General Fund Balance at September 30, 1998
I
$6,000,000
$5,600,000
€ rx I-
$6,000,000
ask s
$4,500,000
i
I
$4,000,000
$3,500,000
I
i
$6,108,828
`
$3,000,000
$4,959,296
$2,600,000
$2,000,000
ADOPTED BUDGET
CURRENT ESTIMATE
• •
FISCAL IMPACT STATEMENT QUESTIONNAIRE
1. Title of RCA: Retention/Relocation of Team Petroleum
2. Why is this budget amendment needed:
A. Why was it not anticipated?
The request for assistance by Team Petroleum first arose in December, 1997. This
request was unanticipated when the budget was prepared.
B. Why can't anticipated current year budget savings be used to fund this item?
N.A.
C. Why can't the Department re -prioritize current year expenses so that this item
can be funded instead of approved budget items?
N.A.
3. What will be the cost?
Maximum cost per year shown below for balance of 1997-1998 fiscal year and for
1998-1999 fiscal year, maximum for subsequent years is $86,880.
A. Direct Cost:
Current Fiscal Year:
Future Years:
B. Indirect Cost:
4. Funding Source:
A. Fund:
B. Specific Revenue Source:
$8155
92380
$0
General Fund
Sales Tax
C. Alternative Funding Sources: N.A.
5. History:
Team Petroleum (a.k.a. Kristen Schaffner Petroleum) is an existing Huntington
Beach business that is generating approximately $200,000 per year in sales tax
Template1 07/06/98 3:20 PM
FISCAL IMPACT STATEMENT QUESTIONNAIRE
revenue to the City, but is considering relocation to another Southern California
area outside the City. Therefore, the funding source for the proposed agreement
,(which includes a potential expansion of Team Petroleum) is the sales tax
revenue.
Template1 07/06/98 3:19 PM
•
L�
GENERAL FUND BUDGET AMENDMENT -
"EXCEPTION FORM"
ATTACHMENT #3
0
i
GENERAL FUND BUDGET AMENDMENT
1997/98
"EXCEPTION FORM"
Amendments are authorized only for:
1. Obvious emergencies.
2. New expenses with offsetting related new revenues.
3. Implementation of labor relation agreements.
If your request for a General Fund budget amendment meets one of the
exceptions listed above, please provide a detailed description of your
exception below:
New expenses with offsetting related new revenues. Team Petroleum (a.k.a.
Kristen Schaffner Petroleum) is an existing Huntington Beach business that
generates significant sales tax revenue to the City, but is considering
relocation outside the City. Without the approval of this expenditure of the
requested general fund money, this business will most likely leave the City
and the general fiend will lose revenue which in 1996-97 fiscal year was
approximately $200,000. Therefore the funding source for the proposed
agreement is a portion of the sales tax revenue retained by this agreement.
bw C149
Department Head's Signature
CERTIFICATES OF INSURANCE
A'I„'t"mx :�r41;1 J : sY r ar ss asc, < e WAIT. null
7/27/ 998
PaaDWU= THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Andreiai Co License 0208825 CONFERS NO MONTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAIME AFFORDED BY THE
220 West 2 0 th Ave. POLICIES BELOW
.........
San Mateo, CA 94403 COMPANIES AFFORDING COVERAGE
(650) 573-1111 Fax (650) 378-4361 ........ ................... _................... ............ ....
TE' 1001 Lom OOmpmY A NEW HAMPSHZRE INS. CO.
............ ....... _.- �. �3..q�� B GRANITE STATE INSURANCE CO.
gauam
TEAM PETROLEUM
COWANY C
16400 PACIFIC COAST HWY #221 . LETF ............................... _................................. ........ ...........
HUNTINOTON BEACH, CA 92649 �Y D
............ ......... ... . .... ....... .... .... ...... . .
C wANY E
LETTER
THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_. ...... ........ .-._.....- ..... ... ......... ... _.... .._....-.. . ...... ._ ,-....-....... .. ........... .......... ....
-
A : POLM OiCOM .POLICY IMPIRATION
TR: TYNE OF pl>RIMNCE POLICY NUIIBEJI DATE MOM"DATEIMMOD" LIMIItt
. .. .. _ .. ....
A. oEmIAL LIABILITY
......
GENMAL AGGREGATE
=
2, 0 0 0, 0 0 0
X COMMERML GENERAL LL416m CPP31�7M
: PRODUCT&COMPIOP AOO
.- ...... ...
•
11000,000
CLAM �; X OCCUR.:
05/04/99:.aERsa+aLaADv.uan.RY............
:
1,000,000
:..OWNETT S 6 CONTRACTORS +ROT.
_05/04/98
EACN OCCURiD]ICE
s
1,000,000
X s *SEE BELOW
.... .... .
FM DAMAGE car one RMI
.... ...................
s
..... 5 0, 0 0 0
- -....
..... ..............
MED..DrEN9 Uft aw ca.WIa
_ .:............................_ ;. .............................._...._.
51000
............................. - ........._...-:......_
[AUTOMOME UARW"
.
COMBINED SWOLE
LIMITt
1,000,000
B X. Aura CAS1
D5/04/98 05/ 04/ 99 BDDLY MURY
�sr penes)
....... .................... .
= BDDLY NAM :s
(Per Bocme"o
PROPERTY DAMAGE f
........................... .
EACH OCCUiF64CE s 4 0 0 0 0 0 0
. ..........................-------..........
OE9CaWVM DP 0PEAATiONSA=AT+011WV0UCUl&Wf= I IM
WAIVER OF SUBROGATION INCLUDED CITY OF HUNTINGTON BEACH, ITS OFFICIALS
EMPLOYEES & VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED PER ATTACHED
EMT. REVISED FROM 7/23/98
din nsvn ovelonmm WTTB T V-C'D e%T TAATPIAT-PAY _ WNTCN IS 10 DAYS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ElliMNKZ
MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF HUNTINGTON BEACH
PURCHASING DEPT iClor)iTi�Ma4 Xol(r
200 MAIN ST zAun(aaa>Fa aepaEr
HUNTINGTON BEACH CA 92648 r
st"r►6il.�lr.+>at=YyianL
,,-IiPyb
00'd T92P SLE 099 00 2 INI3dGNU TS:80 866T-L2.-1115
£0 ' d -1di01
•
Policy Number: CPP512935798
POLICY FORMS & ENDORSEMENTS
CiN e� �gv�i
7E boo. is
Commercial General Liability
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF HUNTINGTON BEACH
ITS OFFICIALS, EMPLOYEES & VOLUNTEERS
(if no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section III is amended to include as an insured the person or organization shown in the Schedule
as an insured but only with respect to liability arising out of "your work" for that insured by or for you.
INSURED:
TEAM PETROLEUM
APPROVED AS TO FORIM
GAIL HUTTON, City Attorney
By- Deputy City Attorney
CG 20 10 11 8S Copyright, Insurance Services Office. Inc., 1984
109
£0 'd i9Zt7 SL£ 0.99 00 '8 I N I 3ZIQNti ZS :80 866t-LZ__)n1
01-7Y CLe l( ✓,4v Lr
STATE
1? O. BOX 420807, SAN FRANCISCO, CA 94142-0807 P13/9,P.
COMPENSATION
INSURANCE
FUN0.k 'CERTIFICATE'OF WORKERS' COMPENSATION INSURANCE
JULY 24, `1998 `- pot.ICY NUMBER: 13a1'222 - 98
CERTIFICATE E) IPll�ES:'
CITY OF HUNTINGTOWREACH '
ECONOMIC DEVT. -''DE t /ATTN: ' ELT NAFFAH' . . W
201a@ - MA IN STREET,,:
HUNTINGTON PEAGH, ,rCq 92648 JOB: ALL'OPERAfbONS
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated. _
This policy is not subject to cancellation by the Fund except upon �¢ days' advance written notice to the employer.
We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration.
XX
This certificate of insuurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to' which ,th[s,Ccertificate of insurance may §I!y-Avstjed or may pertain, the insurance afforcled;.by the policies
described herein is subject to all tre'terms,'exclusions,and'conditions of such policies
AUTHORIZED RJ5PRESEN•TATIyF,
PRIBSIDENT
EMPLOYER'S LIABIL•ITY41-IMIT INCLUDING -DEFENSE COSTS: $110001000-'PER OCCURRENCE.
'ENDORSEMr=NT•112065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE
@1/01/98 IS,RTTACHED TO AND FORMS A PART OF THIS POLICY.
APPROVED AS TO FORM •
GAIT. HUTTON, City Attorney
BT De uAim '
7/Z 7/�lr
a y
EMPLOYER
SCHAFFNER,KRISTEN.'
DBA: TEAM PETROLEUM
164@0 PACIFIC COAST HWY #2221
HUNTINGTON BEACH, CA 92649
.4mp..
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Retention/Relocation of Team Petroleum
COUNCIL MEETING DATE: August 3, 1998
. RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Attached
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FORF SSING ATTACHMENTS;.
EXPLANATION FOR RETURN OF ITEM
(7) 0 08/03/98 - Councilogency Agenda - Page 7
E-10. (City Council) Master And Site License Aareements Between Citv Of Huntinaton
Beach And Los Angeles SMSA Limited Partnership (d.b.a. "Air Touch Cellular" For
Installation Of Telecommunications Facilities On Public Property - Fire Station 7 -
Warner Avenue) (600.10)
1. Approve and authorize the Mayor and City Clerk to execute a Master Communications
Site Lease Agreement between the City of Huntington Beach and Los Angeles SMSA
Limited Partnership ("Air Touch Cellular") allowing the installation of wireless
telecommunications facilities on public property.
and
2. Approve and authorize the Mayor and City Clerk to execute a Schedule of Lease and
Memorandum of Lease for Fire Station 7 -'Warner.
and
3. Approve and authorize the Mayor and City Clerk to execute the Site License Agreement
for Fire Station 7 - Warner, permitting the installation of the City's emergency siren on
Air Touch's antenna facilities.
and
4. Delegate to the City Administrator or the Assistant City Administrator authority to
approve and execute any other agreements or documents necessary to implement this
Master Lease Agreement, Schedule of Lease, Memorandum of Lease for Fire Station 7 -
Warner, and the Site License Agreement for Fire Station 7 - Warner, upon City Attorney
approval as to form of said agreements or documents and attestation by the City Clerk.
Submitted by the Acting Assistant City Administrator/Fire Chief
[Approved 6-01
E-11. (City Council) Retention Of Team Petroleum -Approve Sales Tax Aareement
Between City And Kristin Schaffner Irvin (600.10) - 1. Approve the Sales Tax
Agreement between the City of Huntington Beach and Kristen Schaffner Irvin and
authorize its execution by the Mayor and City Clerk. 2. Approve an appropriation of
$8,155 from the General Fund Unappropriated Fund Balance for maximum costs for the
1997-1998 fiscal year. Submitted by the Economic Development Director
[Approved 6-01
F. Administrative Items - None
G. Ordinances
•
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
CALIFORNIA 92648
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: 409 U5 7- % �
TO:Name
/[ iP/3TQil/ o�C/1D��P . 1�,Vii1I
/e6b f�fhJii�CLlfisT i%L6r-'sires �? /
v et
1-lay i /v gran/ ,Bea C q, , 4.
City, State, Zip
ATTENTION:
DEPARTMENT:
III .'•_ u
M
See Attached Action Agenda Item ,iE // Date of Approval 9�
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
�J Lo
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement
✓ Bonds
Insurance
RCA
Deed
Other
.
CC: /' J�/� ��S
.� 1�
Q(.o k �/9G C
Name
�� NfIFG,4fl
Department
ADD
RCA/ Agr ,eeme9�
✓ /
[nsuran
✓
Other
Name
Department
RCA Agreement
Insurance
Other
Name
Department
RCA Agreement
Insurance
Other
Name
r%' . 4I')ENJoz f?
Department
RCA Agreement
Insurance
Other
Risk Management Dept.
Insurance
Received by Name - Company Name - Date
G:Followup/coverly
(Telephone: 714-536-5227 )
a2
wa �1
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: &(9 2L5 T 3/ 9 g 60
WALTEk -T WIL50N) t5Q ,
TO:
Name
".933 W-
Street
LAii/G L3eQ L' /t Gf� qo �0 2J
City, State, Zip
ATTENTION:
DEPARTMENT:
REGARDING: %6 M 'dem-04e2L
See Attached Action Agenda Item E // Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement / Bonds
Insurance
RCA Deed
Other
CC: SDAVj6 S/G a S
/
/
✓
Na a
Department RCA Agreeme t
Insurance
Other
Name
Department RCA Agreement
Insurance
Other
Name
Department RCA Agreement
Insurance
Other
Name
Department RCA Agreement
Insurance
Other
Risk Management Dept.
Insurance
Received by Name - Company Name - Date
G:Followup/coverltr
(Telephone: 714-536-5227 )
0
•
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: hV 6716 % 40 / 99,0
TO: USA-✓ Sf}l'VnhP✓. (-7i�A
Name
-d3,3 h! 32-,0 �/ty�>/. S21,1re /&5-
Street
-&&g QE IC'ff; 1'��OZJ
City, State, Zip
T
ATTENTION:
DEPARTMENT:
REGARDING: 71'5A I j0,0-ROL.e&1XJ
`5 Les 77 x 46 eeelner) i
See Attached Action Agenda Item Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
(OX. e
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement
Bonds
Insurance V/
RCA
Deed
Other
CC: I A 'lb 'P/a r"5 oo
/
✓
✓
/
✓
Name Department
Coo
RCA
✓
me
Agree,`�
Insurance
�
Other
./
Name Department
RCA
Agreement
Insurance
Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
Received by Name - Company Name - Date
G:Followup/coverltr
1 Telephone: 714-536.5227 )