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Surf City Auto Group II, Inc. - 2016-05-16
Esparza, Patty From: Fritzal, Kellee Sent: Thursday, June 09, 2016 4:18 PM To: Esparza, Patty Subject: RE: new Subaru Dealership - pending item The deal is not going to be completed From: Esparza, Patty Sent: Thursday, June 09, 2016 4:15 PM To: Fritzal, Kellee Subject: RE: new Subaru Dealership - pending item Hear any news back? From: Fritzal, Kellee Sent: Wednesday, June 01, 2016 4:16 PM To: Esparza, Patty Subject: RE: new Subaru Dealership - pending item I just emailed Pete to find out. From: Esparza, Patty Sent: Wednesday, June 01, 2016 4:11 PM To: Fritzal, Kellee Subject: new Subaru Dealership - pending item Hi Kellee: Can you give me an idea when we can expect to receive the fully executed Surf City Auto's Certificate? Patty Esyarza, Cw1C Senior Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5260 1 Dept ID ED 16-15 Page 1 of 3 Meeting Date 5/16/2016 y CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/16/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve and authorize execution of a Sales Tax Sharing Agreement between the City and Surf City Auto Group II, Inc for the opening of a new Subaru Dealership Statement of Issue The City Council is asked to approve a Sales Tax Sharing Agreement with Surf City Auto Group/Pete Shaver for the opening of a new car dealership, Subaru, at 16701 Beach Boulevard The Agreement will incentivize Surf City Auto Group to purchase the dealership and build a new car showroom The Agreement states that the sales tax portion of the first $25 million in gross car sales is fully retained by the City and, annually after $25 million, the sales tax is split 70% to the City and 30% to Surf City Auto Group Financial Impact The proposed agreement is revenue positive for the City The new dealership is estimated to generate $50 million in annual sales, therefore, annually $500,000 of sales tax will be generated Based upon this estimate, Surf City Auto Group is projected to receive approximately $75,000 per annum and the City approximately $425,000 per annum Recommended Action A) Approve and authorize the Mayor and City Manager to execute the "Sales Tax Agreement Between the City of Huntington Beach and Surf City Auto Group II, LLC", and, B) Authorize the City Manager or designee to execute any additional documents required to further the Agreement Alternative Action(s) Do not approve Agreement and direct Staff as necessary Analysis The City currently has ten (10) new auto dealers that generate over $5 57 million dollars per year in sales tax to the City Auto sales are the largest sales tax producers for cities Many cities provide Sales Tax Sharing Agreements to attract and/or retain businesses, most specifically those that generate significant sales tax The City of Long Beach has two Sales Tax Sharing Agreements with a 20 year 50/50% split with Hooman Toyota and Worthington Ford The City of Orange approved a split of 67% to City and 33% to a Volkswagen dealership for 20 years Additionally, the City of Buena Park provided land at an extremely reduced price to attract Hardin Hyundai and the City of Fountain Valley has a sales tax sharing agreement with Thompson RV Super Stores HB -219- Item 12. - 1 Dept ID ED 16-15 Page 2 of 3 Meeting Date 5/16/2016 The California Cities Finance Organization's research has shown that the majority of cities are providing sales tax sharing agreements and, on average, are sharing 50% to 85% of the sales tax generated With the demise of redevelopment agencies, these types of agreements are a method to attract large sales tax and/or employment generators One of our local dealerships, Chrysler/Jeep, dba Surf City Auto Group LLC, ("Surf City Auto Group") owned and operated by Pete Shaver, has approached the City with the ability to purchase and open a new Subaru Dealership in the City The Subaru dealership in Costa Mesa is closing, and Surf City Auto Group has the ability to purchase the dealership and build a new facility in Huntington Beach on Beach Boulevard However, the costs of purchasing and subsequent renovations are extremely expensive and Surf City Auto Group has requested a Sales Tax Sharing Agreement According to the request, to purchase the Subaru Dealership requires an investment of $6 million The proposed site, a former used car lot at 16555 Beach Boulevard, will need to be renovated to meet Subaru dealership standards This is estimated at approximately $3 million in tenant and property improvements Accordingly, the overall investment by Surf City Auto Group is approximately $9 million In addition, Surf City Auto Group, since they own both sides of Chrysler Drive, have asked for the street to be vacated and sold to Surf City Auto Group for fair market value (approximately $2 million of one-time funds to the City) The Public Works and Community Development Department have preliminarily reviewed this request and, if approved, will fully evaluate the vacation request Surf City Auto Group has indicated they have initiated communication with the residential area to the west of their property, which has secondary access via Chrysler Drive, and will continue to meet with the adjacent property owners and pay all fees associated with the abandonment request Compliance with State Law(AB 562) In continuation of the City's economic development goals, the City desires to create jobs and employment within the City The City has the ability to implement the provisions of Assembly Bill 562 (AB 562), a statewide economic development tool passed by the Governor in 2013 which allows local jurisdictions to induce economic development for the creation and maintenance of jobs Through this action, the City and Surf City Auto Group are proposing to enter into an agreement that encourages the creation of a new Subaru dealership business within Huntington Beach Surf City Auto Group has requested financial assistance in the form of an economic development subsidy (Sales Tax Sharing Agreement) Pursuant to Section 53083 of the California Government Code (AB 562), the City's Economic Development Committee (EDC) reviewed the request and is recommending approval, based on the following Term Twenty year term, commencing once the Subaru dealership is open Proposal City retains base of $25 million of annual gross sales After the base $25 million, the City retains 70% of all sales tax revenues and Surf City Auto Group receives the remaining 30% It is estimated that Surf City will generate approximately $500,000 per year to the City in revenue Based upon this estimate, Surf City is projected to receive approximately $75,000 per annum and the City - approximately $425,000 per annum All revenue generated above this amount retains the 70% City / 30% Surf City Auto Group split Purpose To continue to expand and enhance economic opportunities for businesses in the City, continue to expand the City's employment base, and continue to generate hereinafter defined Sales Tax that the City can utilize to fund general governmental Item 12. - 2 HB -220- Dept ID ED 16-15 Page 3 of 3 Meeting Date 5/16/2016 services such as police, fire, street maintenance, and parks and recreation programs Job Creation Creation of 40 full-time jobs in the City Additionally, an undetermined amount of part-time jobs are expected to be created to support the auto dealership Environmental Status Not Applicable Strategic Plan Goal Strengthen economic and financial sustainability Attachment(s) 1 Sales Tax Sharing Agreement between the City of Huntington Beach and Surf City Auto Group II, LLC HB -22]- Item 12. - 3 SALES TAX AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY AUTO GROUP 11, LLC THIS SALES TAX AGREEMENT ("Agreement") dated as of May 16, 2016, is entered into by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California("CITY"), and SURF CITY AUTO GROUP, LLC, a California limited liability company ("SURF CITY AUTO"), an affiliate of SURF CITY AUTO GROUP, INC RECITALS A SURF CITY AUTO is in the business of selling motor vehicles SURF CITY AUTO's point of sale for purposes of the Uniform Local Sales and Use Tax Law is located at 16701 Beach Blvd , Huntington Beach, California 92647 B SURF CITY AUTO is contemplating opening a new Subaru Dealership at 16701 Beach Blvd , in Huntington Beach C CITY recognizes that the expansion of SURF CITY AUTO to Huntington Beach will contribute to the economic vitality of the CITY, provide additional jobs, expand the CITY's tax base and otherwise improve economic and physical conditions in the CITY D In order to induce the SURF CITY AUTO to open a new Subaru Dealership in Huntington Beach, the CITY is willing to provide incentive to the SURF CITY AUTO as described in this Agreement E By its approval of this Agreement,the City Council of the City of Huntington Beach finds and determines that this Agreement serves a valid public purpose through expanding economic opportunities for businesses in the CITY, expanding the CITY's employment base, and generating Sales Tax that CITY can utilize to fund general governmental services such as police, fire, street maintenance, and parks and recreation programs CITY and SURF CITY AUTO 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 SURF CITY AUTO's future place of business to ensure Subaru vehicle sales and the resulting sales-tax revenues to the CITY NOW, THEREFORE, based upon the foregoing Recitals and in consideration of the mutual covenants and conditions hereinafter set forth, SURF CITY AUTO and CITY agree as follows 1 07-93 7/1 1 844 MG DEFINITIONS The capitalized terms and words used in this Agreement shall have the following meanings unless expressly provided to the contrary 1 1 "Commencement Date" means first day of the month following SURF CITY AUTO's opening of a Subaru Dealership in Huntington Beach 12 "Event of Default"means any event so designated in this Agreement 13 "Fiscal Year" means the CITY's Fiscal Year of October 1 through September 30 14 "Laws"means all California State Statutes, laws, local Ordinances, regulations, orders, writs,judgments, injunctions, decrees or awards of the United States or any state, county, municipality or other Governmental Agency 1 5 "Operating Period"means the period beginning with the Commencement Date and expiring twenty(20) years later. 16 "Party"means any party to this Agreement The "Parties" shall be all parties to this Agreement 17 "Penalty Assessments" means penalties, assessments, collection costs and other costs, fees or charges resulting from late or delinquent payment of Sales Tax and which are levied, assessed, or otherwise collected from the business on the Site owning or obligated to pay Sales Tax 1 8 "Person"means any entity, whether an individual, trustee, corporation, partnership, trust, unincorporated organization, governmental agency or otherwise 19 "Sales Tax Increment" means that portion of taxes derived and received by the City of Huntington Beach from the imposition of the Bradley Burns Uniform Local Sales And Use Tax Law, commencing with Section 7200 of the Revenue and Taxation Code of the State of California, as amended, or its equivalent, arising from all businesses and activities conducted on the Site Sales Tax Increment shall not include Penalty Assessments, any Sales Taxes levied by, collected for or allocated to the State of California, the County of Orange, a district or any other entity, notwithstanding that such funds received by CITY are derived or measured by such other entity based upon Sales Taxes The Sales Tax Increment shall not exceed one percent(1%) upon taxable sales and uses on the Site 1 10 "Site" refers to 16701 Beach Blvd , Huntington Beach, California 92647, the property within the City of Huntington Beach where SURF CITY AUTO will establish a Subaru Dealership 2 07-937/11844 MG I 11 "Sales Tax"means the tax derived from the SURF CITY AUTO'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 21 SURF CITY AUTO, a California limited liability company, whose mailing address for purposes of this Agreement, is 16701 Beach Blvd , Huntington Beach, California 92647. Wherever the term"SURF CITY AUTO" is used in this Agreement, the term shall be deemed to refer to SURF CITY AUTO GROUP 11, LLC SURF CITY AUTO may not assign the rights and obligations of this Agreement to any other person, entity, or organization without the express written consent of the CITY, which consent may be withheld in CITY's sole and absolute discretion By executing this Agreement, SURF CITY AUTO warrants and represents to CITY that it has the full power and authority to enter into this Agreement and that all authorizations and approvals required to make this Agreement binding upon SURF CITY AUTO have been duly obtained 22 The CITY is a Municipal Corporation, duly organized and existing pursuant to its City Charter 3 OBLIGATIONS OF SURF CITY AUTO 3 1 Agreement SURF CITY AUTO hereby covenants and agrees to open a Subaru Dealership and sell vehicles at the Site within eighteen (18) months of the execution of this Agreement, and to continue to use the Site as its primary Subaru Dealership business location during the Operating Period 32 Site and Restriction SURF CITY AUTO shall, within a reasonable time, not to exceed eighteen (18) months from approval of this document by the City Council of the City of Huntington Beach, establish a Subaru Dealership at the Site The purchase of the Site by SURF CITY AUTO shall result in a deed restriction on the Site, good and lasting for 20 years, which restricts the use of the Site and underlying property for new Auto Sales only If SURF CITY AUTO is unable to purchase the Site in Huntington Beach, SURF CITY AUTO and the CITY Manager or his or her designee shall help identify an alternative site within the City of Huntington Beach If said negotiations are unsuccessful, either party may terminate this Agreement upon thirty (30) days' written notice to the other party 3 07-937/11844 MG 3 3 Maximize Sales Tax During the Operating Period, SURF CITY AUTO shall use its best efforts, consistent with the requirements of law,to designate the Site as the point of sale in all sales of its products 34 Indemnification From the Commencement Date of this Agreement through the termination date, SURF CITY AUTO 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 SURF CITY AUTO its business, provided, however, that the aforesaid obligations of SURF CITY AUTO 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, SURF CITY AUTO, upon CITY's request, will, at SURF CITY AUTO's expense, defend such action, suit or proceeding at its sole cost 3 5 Insurance SURF CITY AUTO shall take out and maintain in effect through the Operating Period, at SURF CITY AUTO's sole cost and expense, the following insurance policies in the minimum amounts specified and in the forms provided below (1) Comprehensive General Liability in an amount of not less than One Million Dollars ($1,000,000) combined single limits for each occurrence for bodily injury, personal injury, and property damage including contractual liability (11) 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) 36 Local, State and Federal Laws SURF CITY AUTO shall carry out the operation of the business in conformity with all applicable local, State, and Federal laws 37 Anti-discrimination. SURF CITY AUTO shall not discriminate against any employee or applicant for employment because of age, sex, marital status, race, handicap, color, religion, reed, ancestry, or national origin 3 8 SURF CITY AUTO's Representations and Warranties SURF CITY AUTO makes the following representations and warranties as of the date of this Agreement and agrees that such representations and warranties shall survive and continue thereafter but shall not be remade after the date of this Agreement 3 8 1 No Litigation There is no litigation, action, suit, or other proceeding pending or threatened against the SURF CITY AUTO, its parent company, SURF CITY AUTO GROUP, INC , or the Site that may adversely affect the validity or 4 07-937/11844 MG enforceability of this Agreement or sale of vehicles at the Site To the best of SURF CITY AUTO's knowledge, SURF CITY AUTO is not in violation of any State Statute, Federal law, regulation or Ordinance, or of any order of any court or governmental entity, the effect of which would prohibit the SURF CITY AUTO from performing its obligations hereunder 3 8 2 Authority SURF CITY AUTO has complied with all governmental requirements concerning its organization, existence and transactions SURF CITY AUTO has the right and power to own and operate its business as contemplated in this Agreement 3 8 3 No Breach To SURF CITY AUTO's knowledge, none of the undertakings contained in this Agreement violate any applicable governmental requirements, or conflicts with, or constitutes a breach or default under, any agreement by which the SURF CITY AUTO is bound or regulated 3 8.4 Warranty Against Payment of Consideration for Agreement. SURF CITY AUTO warrants that it has not paid or given, and will not pay or give, to any third person, any money or other consideration for obtaining this Agreement, other than normal costs of conducting business and costs of professional services such as accountants and attorneys 39 Release of CITY Officials No member, elected official, officer, agent, employee, or attorney of the CITY shall be personally liable to SURF CITY AUTO, or any successor in interest of the SURF CITY AUTO, in the event of any default or breach by the CITY or for any amount which may become due to the SURF CITY AUTO or its successors, or on any obligations under the terms of this Agreement The SURF CITY AUTO hereby waives and releases any Claim it may have personally against the members, officials, agents, employees, consultants, or attorneys of the CITY with respect to any default or breach by the CITY or for any amount that may become due to the SURF CITY AUTO or its successors, or on any obligations under the terms of this Agreement 3 10 Reports Within ten(10) days of filing each report with the State Board of Equalization, SURF CITY AUTO shall provide to the CITY true and correct copies of all reports filed by SURF CITY AUTO with the State Board of Equalization in order to allow the CITY to preliminarily determine the amount of Sales Tax paid by SURF CITY AUTO on account of sales from the Site; provided, however, that the CITY shall not be deemed to have received any Sales Tax until the CITY's actual receipt thereof 4 OBLIGATIONS OF CITY OF HUNTINGTON BEACH 41 Tax Rebate Within thirty (30) days after the CITY confirms its receipt of Sales Tax paid by SURF CITY AUTO on account of sales from the Site during the Operating Period, the CITY shall pay to SURF CITY AUTO on a quarterly basis financial assistance in an amount equal to thirty percent(30%) of annual Sales Tax 5 07-937/11844 MG Increment generated by the SURF CITY AUTO within the City of Huntington Beach and actually received by the CITY, after the first $25,000,000 in gross sales CITY retains all sales tax of the first$25,000,000 in gross sales 42 CITY's Obligation to Provide Assistance Conditional on Sales Tax Increment The CITY's obligation to provide SURF CITY AUTO with assistance pursuant to 4 1 is conditioned upon SURF CITY AUTO producing Sales Tax Increment each Fiscal Year To the extent SURF CITY AUTO does not produce Sales Tax Increment,then the tax rebate obligations herein shall be reduced to zero 43 Annual Adjustment Promptly after each fiscal year of the CITY which includes a portion of the Operating Period, the CITY shall determine with respect to that fiscal year the aggregate amount of Sales Tax received by the CITY and the aggregate amount of financial assistance payments made to SURF CITY AUTO pursuant to Section 4 1 If for any reason(including but not limited to reporting errors or other adjustments) the aggregate amount of payments by the CITY with respect to that fiscal year is less than the aggregate amount payable with respect to that fiscal year, the CITY shall pay to SURF CITY AUTO an adjustment payment equal to the amount of deficiency, if for any reason(including but not limited to reporting errors or other adjustments)the aggregate amount of payments by the CITY with respect to that fiscal year is more than the aggregate amount payable with respect to that fiscal year, then the amount of the excess shall be applied against the next payments due under Section 4.1, except that if any unapplied excess remains after the Operating Period, SURF CITY AUTO shall pay the amount of the unapplied excess to the CITY upon demand 44 Chrysler Drive CITY will submit an application in conjunction with SURF CITY AUTO for the vacation of Chrysler Way If approved, SURF CITY AUTO will pay the CITY fair market rate for the vacated area, which is $2 million 45 Legal Challenge Should any third party successfully challenge the validity of this Agreement through a taxpayer suit or otherwise, either party may terminate this Agreement upon thirty(30) days written notice 46 Contingent Liability and Limitations The tax rebate obligations of the City of Huntington Beach shall be subject to the provisions of CITY Charter Section 605, regarding annual budget appropriations, and will not be payable for a period in excess of the twenty-year Operating Period after relocation to the new site 5 DEFAULTS AND REMEDIES 5.1 Events of Default The following shall initiate the default sequence (a) If SURF CITY AUTO materially breaches any of its obligations under Sections 3 1 through 3 7 of this Agreement 6 07-937/11844 MG (b) If SURF CITY AUTO is found by a trier of fact, after hearing, to be in violation of any Local, State or Federal law (c) If SURF CITY AUTO is found by a trier of fact, after hearing, in a final, non appealable order orjudgment, either to be in violation of any anti- discrimination regulation or to be liable in a suit for discrimination (d) If SURF CITY AUTO fails to provide the CITY with copies of the quarterly (or, if applicable, monthly) Board of Equalization reports filed by its SURF CITY AUTO (e) If CITY fails to time pay its obligations hereunder. When any of the initiating events described in this Section 5 1 occur, CITY or SURF CITY AUTO may give the other written notice to cure Where such act or omission is not cured by the breaching Party within thirty(30) days after that Party's receipt of written notice that such obligation was not performed, it shall constitute an Event of Default, provided that, if cure cannot reasonably be effected within such 30-day period, such failure shall not be an Event of Default so long as the Party promptly (in any event, within 10 days after receipt of such notice) commences cure, and thereafter diligently (in any event within 10 days after receipt of such notice)commences cure, and thereafter diligently (in any event within a reasonable time after receipt of such notice) prosecutes such cure to completion 52 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 SURF CITY AUTO, as appropriate, may terminate this Agreement and file any action available in law or equity 6 GENERAL PROVISIONS 61 Time of the Essence Time is of the essence of this Agreement and all Parties' obligations hereunder 62 Venue. In the event of any litigation hereunder, all such actions shall be instituted in the Superior Court of Orange, State of California, or in an appropriate municipal court in the County of Orange, State of California or an appropriate Federal District Court in the Central District of California 63 Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement 6.4 Execution in Counterparts This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument 7 07-937/11844 MG 65 Attachments Incorporated The Attachment to this Agreement is incorporated herein by this reference 66 Copies Any executed copy of this Agreement shall be deemed an original for all purposes 67 Severabilrty If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability, unless it affects the substantial rights of a party or defeats the purpose of this Agreement, shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision has not been contained herein. 68 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 ofjomt venture or other entity, and the singular includes the plural 69 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 SURF CITY AUTO, or cause CITY or SURF CITY AUTO 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 SURF CITY AUTO 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 610 Integration This Agreement, including the Attachments attached hereto, is the entire Agreement between and final expression of the parties, and there are no agreements or representations between the parties except as expressed herein All prior negotiations and agreements between CITY and SURF CITY AUTO 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 611 Nonwaiver None of the provisions of this Agreement shall be considered waived by any party except when such waiver is given in writing The failure of any party to insist in any one or more instances upon strict performance of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future, but the same shall continue and remain in full force and effect 6 12 Notices Any notice, approval, demand or other communication required or desired to be given pursuant to this Agreement shall be in writing and shall be effective upon person service (including by means of professional messenger service) or, 8 07-93 7/1 1 844 MG five (5) days after mailing via United States first-class mail or two (2) days after mailing via Federal Express or other similar reputable overnight delivery service Any notice shall be addressed as set forth below If to CITY If to SURF CITY AUTO Kellee Fritzal Surf City Auto Group II, LLC Economic Development Attn Peter Shaver, President City of Huntington Beach 16701 Beach Blvd 2000 Main Street Huntington Beach, CA 92647 Huntington Beach, CA 92648 With copies to (which shall not constitute Notice) Michael E Gates Burkhalter Kessler Clement& City Attorney George LLP City of Huntington Beach Attention Alton G Burkhalter, Esq 2000 Main Street 2020 Main Street, Suite 600 Huntington Beach, CA 92648 Irvine, CA 92614 and Fred Wilson City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Either CITY or SURF CITY AUTO may change its respective address by giving written notice to the others in accordance with the provisions of this Section IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth SURF CITY AUTO CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 9 07-937/11844 MG By I. L yor print name ITS (circle one)Chairman/President/Vice President AND APPROVED FORM By C Attorney ZITIATED AND APPROVED print name ITS. (circle one)Secretary/Chief Financial Officer/Asst Secretary—Treasurer '4AIS2�� Economic Deu opment REV D APPROVED it Manager COUNTERPART 10 07-937/11844 MG By: —�O..,'I ^ P.r ee- Mayor print name ITS: (circle one)Chai idea ice President ,AND APPROVED AS TO FORM: By:_ City Attorney INITIATED AND APPROVED: print name /Chief Financial Officer/Asst. Secretary—Treasu Economic Development REVIEWED AND APPROVED: City Manager COUNTERPART 10 07-93 7/1 1 844 MG ATTACHMENT NO. 1 SURF CITY AUTO's Certificate Date SURF CITY AUTO GROUP II, LLC ("SURF CITY AUTO"), hereby requests a sales tax rebate in the amount, and on the date, set forth below, pursuant to that certain Sales Tax Agreement between the City of Huntington Beach("CITY") and SURF CITY AUTO Capitalized terms used and not otherwise defined herein shall have the meanings set forth for them in the Agreement REQUESTED AMOUNT SURF CITY AUTO hereby represents and warrants to CITY that On , SURF CITY AUTO 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 poof of payment. SURF CITY AUTO GROUP, LLC PAYMENT APPROVED City of Huntington Beach 07-937/11844 ACORO0 DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/10/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the Certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,Certain policies may require an endorsement A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER NAME CONTACT Leidy Rivera Hays Companies PHONE (909)243-8200 FAX No 4200 Concoura, Suite #350 ADDRIESSlrivera@hayscompanies.com INSURERS AFFORDING COVERAGE NAIC# Ontario CA 91764 INSURERA Pacific Compensation Ina Co 11555 INSURED INSURER B Surf City Auto Group, Inc. dba: INSURER Huntington Beach Chrysler, Dodge, Jeep Ram INSURER 16701 Beach Blvd. INSURERE Huntington Beach CA 92647 INSURER COVERAGES CERTIFICATE NUMBER CL1651020220 REVISION NUMBER 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 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 INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MWDD MMIDD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY❑ PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER APPROVE A3 TO FORM $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS AUTOS ED �y: (Per acciNONLOWNPROPEdentDAMAGE $ MlChael Gates,otyAttoiney $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? El N/A A (Mandatory In NH) WA-001402-01 4/1/2016 4/1/2017 E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE W Mershon/LRIVER ©1988-2014 ACORD CORPORATION All rights reserved ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 onl4nn CERTIFICATE OF LIABILITY INSURANCE DATE 05/11Y) f THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) PRODUCER CONTACT FEDERATED MUTUAL INSURANCE COMPANY NAME C I N CONTAC CENTER HOME OFFICE P O BOX 328 (A/CN Me, Ext 888-333-4949 FAX No 507-446-4664 OWATONNA,MN 55060 ADDREss CLIENTCONTACTCENTER FEDINS COM INSURER(S)AFFORDING COVERAGE NAIC# INSURER A FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 387-904-6 INSURER B SURF CITY AUTO GROUP INC INSURERC• 16701 BEACH BLVD HUNTINGTON BEACH,CA 92647-4814 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 6 REVISION NUMBER 0 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 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 INSR TYPE OF INSURANCE DL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE ❑OCCUR DAMAGE TO RENTED PREMISES(Ea accurrericel p� MED EXP(Any one person) APPROVED AS TO F RM PERSONAL&ADV INJURY ,0EN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREOATE POLICY JECT ❑LOC PRODUCTS-COMP/OP AGO OTHER AUTOMOBILE LIABILITY e i COMBINED SINGLE LIMIT ANY AUTO ®y: Ea acdden ALL OWNED SCHEDULED o.,Michael Gat ,City A t®rf1 y BODILY INJURY(Per person) AUTOS AUTOS BODILY INJURY(Per acdden# HIRED AUTOS AUTOS,ED PROPERTY DAMAGE - Per acddan X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $10,000,000 A EXCESS LIAB CLAIMS-MADE N N 9151328 04/01/2016 04/01/2017 AGGREGATE DED RETENTION WORKERS COMPENSATION OTH- AND EMPLOYERS'LIABILITY Y/N PER STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE E L EACH ACCIDENT OFFICER/MEMBER EXCLUI N I A (Mandatory In NH) E L DISEASE-EA EMPLOYEE If yea,describe under E L DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below AUTO DEALER LIABILITY N N 9151324 04/01/2016 04/01/2017 AUTO LIAB-EA ACCIDENT $500,000 A GENERAL LIABILITY -EACH ACCIDENT $500,000 -AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) GARAGE KEEPERS COVERAGE AT LOC: 16701 BEACH BLVD, HUNTINGTON BEACH, CA 92647 LIMIT: $960,000 LOCATION 165M BEACH BLVD, HUNTINGTON BEACH, CA 92647 LIMIT $1,260,000 BOTH ON A LEGAL LIABILITY BASIS. CERTIFICATE HOLDER CANCELLATION 387-904-6 60 CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 MAIN ST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HUNTINGTON BEACH,CA 92648-2702 ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE ® 1988-2014 ACORD CORPORATION All rights reserved ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD NOTICE OF PUBLIC HEARING Pursuant to Section 53083(a)(6)(b) of the California Government Code (AB 562), the City of Huntington Beach shall provide public notice and a hearing prior to granting of proposed economic development subsidy NOTICE IS HEREBY GIVEN that the City of Huntington Beach will hold a public hearing in the Council Chambers of the Huntington Beach Civic Center, 2000 Main Street on Monday May 16, 2016 at 6 00 p m , unless otherwise changed by the City Manager, to consider the following item Applicant Surf City Auto Group II Pete Shaver, President Project Location 16555 Beach Boulevard, Huntington Beach, California 92648 Agreement The City of Huntington Beach desires to create jobs and employment within the City The City has the ability to implement the provisions of AB 562, a statewide economic development tool passed by Governor Brown in late 2013 for the purpose of allowing local jurisdictions to induce economic development for the creation and maintenance of jobs The City of Huntington Beach and Surf City Auto Group II are proposing to enter into an agreement that encourages the creation of a new Japanese Import dealership business within Huntington Beach The City is proposing to provide financial assistance in the form of an economic development subsidy to Surf City Auto Group II as described in the Operating Covenant Agreement Pursuant to Section 53083 of the California Government Code (AB 562)the following information will be posted on the City's Web Site 1)The name and address of all corporations, or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable Surf City Auto Group II Pete Shaver, President, a California Corporation, 16555 Beach Boulevard, Huntington Beach, California 92648 2)The start and end dates and schedule, if applicable, for the economic development subsidy Commencing approximately August 1, 2016 for 20 years 3)A description of the economic development subsidy, including the estimated total amount of expenditure of public funds, or of revenue lost to, the local agency, as a result of the economic development subsidy The proposed Operating Covenant Agreement provides for participation of revenues generated from Surf City Auto Group II operations within the City with the City of Huntington Beach The Agreement provides that Surf City Auto Group II will retain 30%of revenues generated to the City over $25,000,000, payment will be made on a quarterly basis It is estimated, that Surf City Auto Group II will generate approximately$500,000 per year to the City in revenue Based upon this estimate, Sun` City Auto Group II is projected to receive approximately$75,000 per annum and the City approximately$425,000 per annum 4)A statement of the public purposes for the economic development subsidy To continue to expand and enhance economic opportunities for businesses in the City, continue to expand the City's employment base, and continue to generate hereinafter defined Sales Tax that the City can utilize to fund general governmental services such as police, fire, street maintenance, and parks and recreation programs 5) Projected tax revenue to the local agency as a result of the economic development subsidy The City of Huntington Beach will receive approximately$425,000 per year in sales tax revenue 6) Estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time and temporary positions The City and Sun`City Auto Group II have estimated that the Agreement creates 40 full time jobs in the City Part time jobs to be determined All interested persons are invited to attend this hearing and express opinions upon the items listed above The Operating Covenant Agreement is available for review at Huntington Beach City Hall from May 6, 2016 through May 16, 2016 Any written materials to be submitted to the City Clerk at least twenty-four(24) hours prior to the hearing City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Further information on these items may be obtained at the City of Huntington Beach,Attn Kellee Fritzal, Deputy Director Business Development, 2000 Main Street, Huntington Beach, CA 92648 or by telephone (714) 374- 1519 PUBLISHED Orange County Register May 6, 2016 POSTED AT CITY HALL AND ON CITY WEB SITE May 4, 2016 Esparza, Patty From: Sandra Campos [scampos@ocregister com] Sent: Wednesday, May 04, 2016 3 42 PM To. Esparza, Patty Subject: RE Legal Ad for the OC Register/Publication date Friday, May 6, 2016 Hello, Below is the proof Please make sure all is correct, if not please send corrections and email me back with an approval to publish Cost$973 02/Ad#10162287 to publish in the Orange County Register on May 6, 2016 PROOF: 1 NOTICE OF PUBLIC HEARING Pursuant to Section 53083(a)(6)(b) of the California Government Code (AB 5621), the City of -Huntington Beach shall provide public notice and a hearing prior to granting of proposed economic development subsidy. NOTICE IS HEREBY GIVEN that the City of Huntington Beach will hold a public hearing in he Council -Chambers of the Huntington Beach Civic Center, 2000 Main Street on Monday May 16, 016 at 6 00 p m , unless otherwise changed by the City Manager, to consider the follow- ing item Project Surf City Auto Group 11 Pete Shaver, President P roject Location 16555 Beach Boulevard, Huntington Beach, California92648 greement: The City of Huntington Beach desires to crecle jobs and employment within the City The -City has the ability to implement the provisions of AB 562, a statewide economic develop- ment too[ passed by Governor Brown in late 2013 for the purpose of allowing local jurisdic- tions to induce economic development for the creation and maintenance of jobs The City of Huhtinqton Beach and Surf City Auto Group 11 are proposing to enter into an agreement hat encourages the creation of a new Japanese Import dealership business within Hun- tington Beach The City is proposing to provide financial assistance in the form of an eco- -nomic development subsidy to Surf City Auto Group 11 as described in the Operating Cove- nant Agreement Pursuant to Section 53083 of the California Government Code (AB 562) the following information will be posted on the City's Web Site 1) The name and address of all corporations, or any other business entities, except for sole propnetorships, that are the beneficiary of the economIG development subsidy, if applica- ble Surf City Auto Group 11- Pete Shaver, President. a California Corporation, 16555 Beach Boulevard, Huntington Beach, California .02648 2) The start and end dates and schedule, if applicable, for the economic development sub- sidy Commencing approximately August 1. 2016 for 20 years '3) A description of the economic development subsidy, including the estimated total -amount of expenditure of public funds, or of revenue lost to, the local agency, as a result of the economic development subsidy The proposed Operating Covenant Agreement provides for participation of revenues generated from Surf City Auto Group 11 operations within the City with the City o Huntington Beach The Agreement provides that Surf City Auto Group 11 will retain 30% of revenues generated to the City over $25,000 000 payment will be made on a quarterly basis It is estimated that Surf City Auto Group 11 will aenerate approximately $500,000 per year to the City in revenue Based upon this estimate Surf City Auto Group 11 is projected to receive approximately $75,000 per annum and the City approximately$425,000 per annu m 4) A statement of the public purposes for the economic development subsidy To continue to expand and enhance economic opportunities for businesses in the City, continue to expand the City's employment base, and continue to generate hereinafter defined Sales Tax that the City can utilize to fund general governmental services such as police, fire, street maintenance, and parks and recreation programs 5) Projected tax revenue to the local agency as a result of the economic development sub- sidv 2 The City of Huntington Beach Will receive approximately $425,000 per year in sales tax revenu e I'6) Estimated number of lobs created by the economic development subsidy, broken down r byfull time, part-time and temporary positions The City and Surf City Auto Group II have estimated that the Agreement creates 40 full i A time lobs in the City Part time lobs to be determined ll time persons are invited to attend this hearing and express opinions upon the �literns listed above The Operatinq Covenant Agreement is available for review at Huntinq- ton Beach City Hall from May 6, 2016 through May 16, 2016. Any written materials to be submitted to the Citv Clerk at least twenty-four (24) hours prior to the hearinci City of Hun- iItington Beach, 2000 Main Street, Huntinqton Beach, CA 92648 Further information on these items may be obtained at the City of Huntinqton Beach, Attn: Kellee Fritzal, Deputy Director Business Development, 2000 Main Street, Huntinqton Beach. CA 92648 or by !'telephone (714) 374-1519 1.PuhlishPd manna Onunty Ronistor Mav 5 2016 R-8q5 10162287 Best, Sandra Campos LegaCAdverti sang Orange County Register 625 N GrandAve. Santa Ana, Cal 92701 Direct Phone Lane 714-796-6748 .Tax 714-347-2577 Bmad scampos@ocregis ter cam c'atw"a octLN'r {�4.57 I OCR MAGAZINE 1.EGrjSTER c}cR METRO I OCR FAMILY From: Esparza, Patty [mai Ito-PEsparzaCslsurfcity-hb org] Sent: Wednesday, May 04, 2016 3.14 PM To: Sandra Campos Subject: Legal Ad for the OC Register/Publication date- Friday, May 6, 2016 Importance: High Hi Sandra Attached is the legal ad that needs to be published in the OC Register this Friday, May 6, 2016 Please confirm asap If you have any further questions, please contact me Thanks[ Patty ESparza, C-'A4C Senior Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5260 3 • May i6. �oi6 City Council Meeting SALES TAX SHARING AGREEMENT - - SUBARU DEALERSHIP Subaru Agreement ■ Purchasing Subaru franchise - �6 million ■ Site Upgrade - �3 million Agreement ■ Sales Tax Sharing Agreement ■ zo year term ■ First $25 million to City ■ After $25 million — 70% to City/30% to Surf City Auto ■ Estimated $50 million annually Agreement ■ Request for sale/vacation of Chrysler Drive ■ Desire to cul-de-sac the street ■ Sale price — $1.7 to $z million ■ Community meetings will occur/ street vacation processed by Planning and Public Works 5/24/2016 Financials ■ 50milli0nins4ples0nnu0lly City - �4�5,000 Subaru - $75,000 ■ Increased Property tax with the upgrades to building and adding the street ■ One Time Money — �1.7 to �z million QUESTIONS RECEIVED AFFIDAVIT OF PUBLICATION P016 MAY 19 Ali 11: 26 STATE OF CALIFORNIA, ) ) SS. CITY CLCR'.\ County of Orange ) CITY OF I am a citizen of the United States and a resident '4 U N T!t J C T 0 N B E t,M of the County aforesaid; I am over the age of PROOF OF PUBLICATION eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which news- paper has been adjudged to be a newspaper of NOTICE OF PUBLIC HEARING Pursuant to Section 53083(a)(6)(b)of the California Government Code(AB 562),the City of general circulation by the Superior Court of the Huntingt Beach shallon provide public notice and a hearing prior to granting of proposed economic development subsidy. County of Orange, State of California, under the NOTICE IS HEREBY GIVEN that the City of Huntington Beach will hold a public hearing in the Council Chambers of the Huntington Beach Civic Center,2000 Main Street on Monday May 16, date of November 19, 1905, Case No. A-21046, 2016 at 6:00 p.m.,unless otherwise changed by the City Manager,to consider the follow- ing item: that the notice, of which the annexed is a true Applicant:Surf City Auto Group II:Pete Shaver,President Project Location:16555 Beach Boulevard,Huntington Beach,California 92648 printed copy, has been published in each regular Agreement: The City of Huntington Beach desires to create jobs and employment within the City.The and entire issue of said news a and not In City has the ability to implement the provisions of AB 562,a statewide economic develop- P per an y ment tool passed by Governor Brown in late 2013 for the purpose of allowing local'urisdic- tions to induce economic development for the creation and maintenance of jobs. e City t0 of Huntington Beach and Surf City Auto Group II are proposing to enter into an agreement supplement thereof on the following dates that encourages the creation of a new Japanese Import dealership business within Hun- tington Beach. The City is proposing to provide financial assistance in the form of an eco- wit: nomcc development subsidy to Surf City Auto Group II as described in the Operating Cove- nant Agreement.Pursuant to Section 53083 of the California Government Code(AB 562) the following information will be posted on the City's Web Site. - May 6, 2016 11p)The name and address of all corporations,or any other business entities,except for sole ble.prietorships,that are the beneficiary of the economic development subsidy,rf applica- "I certify (or declare) under the penalty of Surf City Auto Group It:Pete Shaver,President,a California Corporation,16555 Beach Boulevard,Huntington Beach,California 92648 perjury under the laws of the State of California 2)The start and end dates and schedule,ifapplicable,for the economic development sub- y. Commencing approximately August 1,2016 for 20 years. that the foregoing is true and correct": 3) A description of the economic development subsidy, including the estimated total amount of expenditure of public funds,or of revenue lost to,the local agency,as a result of the economic development subsidy. Executed at Santa Ana Orange COunty, The proposed Operating Covenant Agreement provides for participation of revenues , generated from Surf City Auto Group II operations within the City with the City of California on Huntington Beach.The Agreement provides that Surf City Auto Group II will retain 30% of revenues generated to the City over$25,000,000; payment will be made on a quarterly basis.It is estimated,that Surf City Auto Group II will generate approximately $500,000 per year to the City in revenue. Based upon this estimate,Surf City Auto Group II is projected to receive approximately $75,000 per annum and the City approximately$425,000 per annum. Date: May 6,2016 4)A statement of the public purposes for the economic development subsidy. To continue to expand and enhance economic opportunities for businesses in the City, continue to expand the City's employment base,and continue to generate hereinafter defined Sales Tax that the City can utilize to fund general governmental services such as police,fire,street maintenance,and parks and recreation programs. 5)Projected tax revenue to the local agency as a result of the economic development sub- sidy. The City of Huntington Beach will receive approximately$425,000 per year in sales tax revenue. 6)Estimated number of jobs created by the economic development subsidy,broken down by full-time,part-time and temporary positions. - The City and Surf City Auto Group II have estimated that the Agreement creates 40 full time jobs in the City.Part time jobs to be determined. All interested persons are invited to attend this hearing and express opinions upon the items listed above.The Operating Covenant Agreement is available for review at Hunting- ton Beach City Hall from May 6,2016 through May 16,2016. Any written materials to be submitted to the City Clerk at least twenty-four(24)hours prior to the hearing City of Hun- ignature tington Beach,2000 Main Street, Huntington Beach,CA 92648. Further information on these items may be obtained at the City of Huntington Beach,Attn:Kellee Fritzai,Deputy The Orange County Register Director Business Development,2000 Main Street,Huntington Beach, .CA 92648 or by telephone:(714)37a-1519. Santa Ana,CA 92701 i 625N.Grand Ave. Published:Oranae�_%unty Register May 6.2016 R-855 10162287 (714)796-2209 RECEIVED AFFIDAVIT OF PUBLICATION 2016 MAY 19 AM 11: 26 STATE OF CALIFORNIA, ) ) ss. CITY Ci ERA County of Orange ) CITY 6 F I am a citizen of the United States and a resident 4 IJ 4 T I N G T C N 6 E 4 C P of the County aforesaid; I am over the age of PROOF OF PUBLICATION eighteen years, and not a party to or interested in the above entitled matter.I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which news- • NOTICE OF PUBLIC HEARING Pursuant to Section 53083(a)(6)(b)of the California Government Code(AB 562),the City of paper has been adjudged to be a newspaper of Huntington Beach shall provide public notice and a hearing prior to granting of proposed economic general circulation by the Superior Court of the development subsidy. NOTICE IS HEREBY GIVEN that the City of Huntington Beach will hold a public hearing in the County of Orange, State of California, under the Chambers Council ofthe Huntington Beach Civic Center,2000 Main Street on Monday May 16. 2016 at 6:00 p.m.,unless otherwise changed by the City Manager,to consider the follow- date of November 19, 1905, Case No. A-21046, ing item: Applicant:Surf City Auto Group If:Pete Shaver,President that the notice, of which the annexed is a true Project Location:16555 Beach Boulevard,Huntington Beach,California 92648 Agreement: The City of Huntington Beach desires to create jobs and employment within the City.The printed copy, has been published in each regular City has the ability to implement the provisions of AB 562,a statewide economic develop- ment tool passed by Governor Brown in late 2013 for the purpose of allowing local dic- tions to induce economic development for the creation and maintenance of jobs.-es City and entire issue of said newspaper and not in any of Huntington Beach and Surf City Auto Group 11 are proposing to enter into an agreement that encourages the creation of a new Japanese Import dealership business wthin Hun- tington Beach. The C is proposing to provide financial assistance in the form of an eco- supplement thereof on the following dates, to nomic developments City to surf C y Auto Group II as described in the Operating Cove- nant Agreement.Pursuant to Section 53083 of the California Government Code(AB 562) wit: the following information will be posted on the City's Web Site. 1)The name and address of all corporations,or any other business entities,except for sole EMay 6, 2016 aprietorships,that are the beneficiary of the economic development subsidy,4 applica- Surf City Auto Group 11:Pete Shaver,President,a California Corporation,16555 Beach "I certify (or declare under e anal Boulevard,Huntington Beach,California 92648 ) d the penalty of 2)The start and end dates and schedule,if applicable,for the economic development sub- sidy, e under the laws of the State of Californiasubsidy, Commencing approximately August 1,2016 for years. P �� 3) A description of the economic development subsidy,.including the estimated total amount of expenditure of public funds,or of revenue lost to,the local agency,as a result that the foregoing is true t" g g rue an correct": of the economic development subsidy. The proposed Operating Covenant Agreement provides for art ton of revenues generated from Surf City Auto Group II operations within the C1ty with the City of Executed at Santa Ana Oran a Coun Huntington Beach.The Agreement provides that Surf City Auto Group 11 will retain 30 g t r of revenues generated to the City over $25,000,000; payment will be made on a California,on quarterly basis.It is estimated,that Surf City Auto Group II will generate approximately $500,000 per year to the City in revenue. Based upon this estimate,Surf City Auto Group II is projected to receive approximately $75,000 per annum and the City approximately$425,000 per annum. 4)A statement of the public purposes for the economic development subsidy. To continue to expand and enhance economic opportunities for businesses in the City, Date: May 6 20i0 continue to expand the City's employment base,and continue to generate hereinafter defined Sales Tax that the City can utilize to fund general governmental services such as police,fire,street maintenance,and parks and recreation programs. 5)Projected tax revenue to the local agency as a result of the economic development sub- s dyT he City of Huntington Beach will receive approximately$425,000 per year in sales tax revenue. 6)Estimated number of jobs created by the economic development subsidy,broken down by full-time,part-time and temporary positions. The City and Surf City Auto Group II have estimated that the Agreement creates 40 full time jobs in the City.Part time jobs to be determined. All interested persons are invited to attend this hearing and express opinions upon the items listed above.The Operating Covenant Agreement is available for review at Hunting- ton Beach City Hall from May 6,2016 through May 16,2016. Any written materials to be submitted to the City Clerk at least twenty-four(24)hours prior to the hearing City of Hun- tington Beach,2000 Main Street,Huntington Beach,CA 92,648. Further information on these items may be obtained at the City of Huntington Beach,Attn:Kellee Fritzaj,Deputy azure Director Business Development,20W Main Street, Huntington Beach,.CA 92648 or by telephone:(714)37'519. The Orange Coun Register Published:Oranoe Countv Resister May 6 2016 R-855 10162287 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209