1 RESOLUTION NO. ___-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH STAY PLEASANT HILL TO SERVE AS THE OWNERS’ ASSOCIATION FOR THE PLEASANT HILL
TOURISM IMPROVEMENT DISTRICT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT
WHEREAS, on January 24, 2022, the City Council approved the renewal of the Pleasant Hill Tourism Improvement District (PHTID) for five additional years, extending through March 31, 2027; and
WHEREAS, on February 7, 2022, the 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 PHTID; and
WHEREAS, 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 WHEREAS, this Second Amendment to the PHTID Owners’ Association Agreement establishes that 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; and WHEREAS, this Second Amendment to the Agreement establishes that if the Agreement is terminated early, Stay Pleasant Hill shall complete an audit up to the termination date to close out the Agreement; and
WHEREAS, this Second Amendment to the Agreement establishes that 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; and NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that, the City Manager is hereby authorized to execute a Second Amendment to the Owners’ Association Agreement for the PHTID.
[Signatures on the Following Page]
2 ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 1st day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
City Clerk