SECOND AMENDMENT TO AGREEMENT WITH STAY PLEASANT HILL TO
SERVE AS THE OWNERS' ASSOCIATION FOR THE PLEASANT HILL TOURISM
IMPROVEMENT DISTRICT
This Second Amendment, dated the ____ of May, 2023, hereinafter referred to as the Effective Date", is by and between the City of Pleasant Hill, a California municipal corporation, hereinafter referred to as " City", and Stay Pleasant Hill, a California non-profit corporation, hereinafter referred to as " Contractor", and collectively referred to as " Parties".
RECITALS
A. On February 7, 2022, the Pleasant Hill City Council approved a resolution authorizing the City Manager to execute an Agreement with Stay Pleasant Hill to serve as the Owners' Association for the Pleasant Hill Tourism improvement District (PHTID), to be effective on April 1, 2022 and continue for five years until March 31, 2027; and B. On March 7, 2022, the City Council approved a resolution authorizing the City Manager to execute the First Amendment to the Owners’ Association Agreement, establishing the time-period for the annual reports from calendar to fiscal year; and C. Section 4 of the Agreement concerns the annual reports and audited financial statements. Stay Pleasant Hill’s audited financial statements shall match the annual reporting schedule of the Agreement (April 1 – March 31), and the annual due date for the audited financial statement will be moved from October 31 to August 31. If the Agreement is terminated early, Stay Pleasant Hill shall complete an audit up to the termination date to close out the Agreement; and
D. The obligations contained in Sections 4 (Annual Report), 9 (Indemnification), and 15 (Maintenance of Records; Access to Records), shall survive termination or expiration of this Agreement, but only as to events or obligations occurring during the term of the Agreement.
SECOND AMENDMENT TO AGREEMENT
Now, therefore, the parties agree to amend the Owners' Association Agreement as follows:
Section 4 is hereby replaced in its entirety with the following new Section 4 (new language is underlined):
4. Annual Report By October 30thAugust 31st of each year, Contractor shall submit to the City Council the report required by Streets and Highways Code section 36650 and the PHTID Management District Plan, hereinafter "the Annual Report". The Annual Report based on the prior fiscal year shall be prepared and submitted to the City Council by October 30thAugust 31st of each year this Agreement is in effect. Each Annual Report shall include an audited financial statement.
The audited financial statements shall annually cover April 1 to March 31 during the entire term of the Agreement. If this Agreement is terminated early, Stay Pleasant Hill will be required to complete an audit up to the termination date to close out the Agreement, which shall verify any unspent funds have been transferred to the City or the new Owners’ Association.
Section 28 is hereby added (new language is underlined):
28. Continuing Obligations The obligations contained in Sections 4 (Annual Report), 9 (Indemnification), and 15 (Maintenance of Records; Access to Records), shall survive termination or expiration of this Agreement, but only as to events or obligations occurring during the term of the Agreement.
All other provisions of the Owners;' Association Agreement shall remain as written.
IN WITNESS THEREOF, the parties hereto have executed this Agreement.
City of Pleasant Hill
By__________________________
____________________________
June Catalano, City Manager
Stay Pleasant Hill
By__________________________
__________________________________
Patricia Snowden, Chief Executive Officer
Patricia Snowden