PROPOSED LAKE MERRITT/UPTOWN DISTRICT ASSOCIATION ECONOMIC HARDSHIP REIMBURSEMENT POLICY SUBMITTED TO ORGANIZATION COMMITTEE – NOVEMBER 20, 2008

By Marco Li Mandri, Interim Administrator The Lake Merritt/Uptown District Association, administrator for the Lake Merritt/Uptown District Community Benefit District hereby adopts the following policy regarding “hardship reimbursement” to annual CBD assessments……….. WHEREAS there are currently no exemptions listed in the Management District Plan for the Lake Merritt/Uptown District CBD, and WHEREAS the Lake Merritt/Uptown District Association seeks to improve the Lake Merritt/Uptown District Association area with the special benefits funded from the new CBD, however, does not seek to create hardship for disabled, senior or other individuals, non-profit/tax-exempt organizations or those property owners who currently lack the means to pay into the Lake Merritt/Uptown District Community Benefit District; and WHEREAS the Lake Merritt/Uptown District Association seeks to build vast community support for the programs that the CBD will fund, and WHEREAS the Lake Merritt/Uptown District Association Board has the ability to address the "economic hardship" concerns raised by property owners in the community through the Board’s own internal policies as they relate to the CBD operations; and WHEREAS we believe that those who derive benefit, regardless of ownership, should pay into the district however may not be able to afford annual assessments paid into the Lake Merritt/Uptown District CBD; THEREFORE BE IT RESOLVED THEREFORE BE IT RESOLVED
LAKE MERRITT/UPTOWN COMMUNITY CT BENEFIT DISTRI

388 19th Street  Oakland, California 94612 Phone 510.452.4529 Fax 510.452.4530  info@lakemerritt-uptown.org  www.lakemerritt-uptown.org

That the Lake Merritt/Uptown District Association will adopt a "CBD Economic Hardship Reimbursement Policy" which shall provide a procedure for seeking annual economic relief to specific property owners within the Lake Merritt/Uptown District Community Benefit District. Any consideration of hardship reimbursement would be affective for one year at a time. The Organization Committee may also request documentation to validate the claim for economic hardship by the applicant. The CBD Economic Hardship Reimbursement Policy shall work in the following manner: 1. The Board shall authorize the Organization/Executive Committee to receive written requests for temporary relief from the CBD assessments. The Committee shall create a form that explains the process for application for economic hardship to the CBC. 2. The impacted applicant property owner shall make a written request for reimbursable relief to the Committee. The Lake Merritt/Uptown District Association shall only reimburse, not pre-pay, assessments into the Lake Merritt/Uptown District CBD. The Organization Committee shall review the request for reimbursement and make one of the following recommendations to the full Board of Directors for consideration: That the reimbursement be granted in the full amount of the CBD assessment for that year only; b. That partial reimbursement be granted, based upon a flat fee or percentage of the full CBD assessment be granted for that year only; c. That the Organization Committee may set a maximum, “not to exceed” amount assigned to every applicant property owner; d. That the Org Committee may request “in kind” services for the reimbursements under consideration, for example rental space for equipment and supplies;
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3. The Organization/Executive Committee shall make its recommendations to the full Board of Directors based upon the following criteria: a. Determination that the request for reimbursement relief is based upon genuine economic hardship and inability to absorb the CBD’s annual costs. b. That the CBD assessments have already been paid, along with County property taxes (or directly billed by the City) and that the reimbursement has been made by the applying party based upon documentation of that payment; (cancelled checks, paid receipt by the County, etc.);

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c. That the Committee has been satisfied that the hardship application is justified based upon documentation presented or any presentation made by the applying party. 4. The recommendation of the Committee is advisory to the Board of Directors. The Board must accept the Committee's recommendation by majority vote. 5. The Board has the option to accept the recommendations as made, modify them or reject them or sent them back to the Organization Committee based upon specific instructions; 6. The actions of the Board on the issue of economic hardship are final and cannot be appealed to any other body.

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