🏛 The Cambridge Record
Search ▸ Agenda item attachment

A petition was filed by Kenneth S. Barron, 614 Massachusetts Avenue, et al property owners, pursuant to MGL Chapter 400, petitioning that a Business Improvement District (BID) be established for the Central Square Business Improvement District. COPIES OF THE PETITION ARE ON FILE IN THE CITY CLERK'S OFFICE

APP 2019 #25·Council meeting Apr 22, 2019·8 pages·📄 Original PDF (city portal)

⚠ This document is a scan; its text was recovered by optical character recognition and may contain errors. The original PDF is authoritative.

PETITION TO THE CAMBRIDGE CITY COUNCIL Pursuant to the provisions of Chapter 400 of the Massachusetts General Laws, the undersigned owner of the real property identified hereunder and situated within the proposed Central Square Business Improvement District (the "BID"), having reviewed and approved the petition documents described below, hereby petitions that the BID be established as set forth in therein. such petition documents, or in a manner similarly intended to achieve the purposes set forth Petitioner: Signature: Printed Name: Title: Select One: Authorized Representative Property Address: 618 Massachusetts Avenue, CAMBRIDGE, MASSACHUSETTS 02139 Parcel ID: 106-123 Record Owner: CARU CAMBRIDGE LLC Contact Information Owner Authorized Representative (if any) Mailing address: Mailing address: CARU CAMBRIDGE LLC. CARU CAMBRIDGE LLC. 614 MASSACHUSETTS AVENUE 614 MASSACHUSETTS AVENUE CAMBRIDGE, MA 02139 CAMBRIDGE, MA 02139 Attention: Attention: Caru Cambridge, LLC Caru Cambridge, LLC Email: Email: [email removed] [email removed] Telephone: Telephone: [phone removed] [phone removed] Attached petition documents: Attachment A - Description and site map delineating the boundaries of the proposed BID Attachment B - Draft improvement plan 38370 ALI0 B41 S0 301860 100#81dd00z
Attachment A Description of Proposed BID District The proposed Central Square Business Improvement District (the "BID District") is hereby defined as the area of real property and improvements thereon located in the City of Cambridge, Massachusetts bounded substantially as follows: Beginning at the intersection of Bishop Allen Drive and 7 Temple Street, then running northwest on Bishop Allen Drive to the property line of 12 Inman Street and from there running southwest and then northwest around that parcel to Inman Street, and then crossing Inman Street and running along the northwest property line of 795 Massachusetts Avenue (City Hall) to Bigelow Street, turning along Bigelow Street to the north property line of 3 Bigelow, then running northwest and then southwest along the property line of 3 Bigelow and 831 Mass Avenue to Massachusetts Avenue, and across Massachusetts Avenue and continuing southwest along Sellers Street to Green Street, then turning southeast along Green Street to Pleasant Street, then turning southwest along Pleasant Street to Franklin Street, then turning southeast aiong Franklin Street to Pearl Street, then turning northeast along Pearl street to Green Street, then turning southeast along Green Street to Landsdowne Street, then running southwest along Landsdowne Street to Cross Street, then turning southeast along Cross Street, then turning northeast through 254 Massachusetts Avenue parcel to Massachusetts Avenue, then crossing Massachusetts Avenue to Windsor Street, then continuing north along Windsor Street to Main Street, then running west along Main Street to Bishop Richard Allen Drive, then running northwest along Bishop Richard Allen Drive to the point of beginning. Any tax parcel wholly or partially within the boundaries described shall be deemed to be located within the above described BID District. Except as otherwise indicated, where the boundary line is described herein (or indicated on the Site Map, as defined) as following a street or highway, such boundary shall be construed as tollowing the center of such a street or highway. Notwithstanding the foregoing: (i) all owner- occupied residential tax parcels situated within the above-defined geographic area shall be deemed to be located outside the BID District; and (ii) all one (1) to four (4) family residential properties and all residential condominium units situated within the above-defined geographic area shall be deemed to be owner-occupied residential tax parcels. The attached site map of the proposed BID District (the "Site Map") is a visual depiction of the foregoing; therefore, the above description and limitations shall be deemed to be, and hereby are made, controlling as to the boundaries of the proposed BID District.
2 Site Map Contral Sapi are Busin ess improvehont Ditmt 500 250 250
3 Attachment B Central Square Business Improvement District Improvement Plan This is the improvement plan, as that term is defined pursuant to Chapter 400 of the Massachusetts General Laws ("G.L. c. 400"), for the proposed Central Square Business Improvement District the "BID"). Ail terms used herein, except as otherwise defined, shall have the meanings provided in G.L. c. 400. I. Purpose of the BID The purpose of the BID is to energize Cambridge's Central Square by bringing additional management and resources to the maintenance and programming of the streets and other public spaces. Targeting the major pedestrian thoroughfare Massachusetts Avenue along with all other areas within the BID District, the BID will seek to create a renewed sense of "place" in Central Square. The goal is to celebrate the Central Square Cultural District, strengthen the look and feel of public spaces by cleaning, managing, and upgrading streets and sidewalks; add landscaping, street furniture, decorations and activities; coordinate and encourage public and private investment to upgrade street-level uses; and bring additional resources to assist existing and attract new businesses. As in other cities across the country, the BID will seek to improve the experience for everyone who works, lives, visits, or goes to school in Central Square, to promote economic development and to increase the value of all property types in the BID service area. II. Management Entity A new nonprofit corporation, to be known as the Central Square Business Improvement District Corporation (the "BID Corporation"), will be created to receive funds to carry out, implement, and oversee the purposes of the Central Square Business Improvement District and this improvement plan. The BID Corporation shall be located in Cambridge, Massachusetts. MI. Revitalization Strategy, Supplemental Services and Programs. The BID Corporation shall provide, or cause to be provided, supplemental services and programs for and within the defined "BID District". Such services may include the following (collectively, the "supplemental services"): (a) Maintenance and Safety. Cleaning services, trash removal, street sweeping, sidewalk pressure washing, seasonal snow removal from pedestriat areas, landscaping, and removal of handbills, waste, gum, and graffiti; collaborating with the Massachusetts Bay Transportation Authority to improve the grade-level appearance of transit stations; programs for code enforcement and property management; hiring and training uniformed ambassadors to answer questions, give directions, distribute maps, and act as "eyes and ears" for public safety officials; homeless and quality of life outreach; and collaborating with social service organizations and others to address issues of mental health and substance abuse. (b) Physical Revitalization. Creating a sense of place and ensuring the unique authenticity, creativity and community culture of the BID District through branded banners and other public areas; coordinating beautification activities in the area; reviewing and influencing
4 proposed public improvements; and managing sidewalk vendors and activities within the pedestrian (c) Promotion and Marketing. Coordinating and implementing promotions, special events, and design improvements; advocating for property owners, tenants, and local businesses; working to upgrade the public and private spaces within the BID District with the City of Cambridge and its agencies; encouraging dialogue between businesses, tenants, residents, and property owners; promoting economic development through market analysis, business retention, and recruitment programs; and maintaining an internet presence for promotion, communication, and informational purposes. (d) Arts and Culture. Celebrating the diversity, vibrancy and cultural richness of Central Square through programming, cultural events and other activities to support and encourage innovation and community building through art and culture. (e) District Management Services. Establishing and funding a management operation to develop and implement supplemental services in the BID District, including administrative services, an office and operations center, communications resources, insurance, and all other administratively necessary or desirable functions and services. (f) Coordination with Nonprofit Organizations. Developing collaborative relationships with nonprofit organizations within the BID District, and serving as a liaison between participating property owners and nonprofit organizations to further the purposes of the BID. (g) Any other supplemental services that would further the purposes of the BID. In furtherance of the provision of these supplemental services, the BID Corporation shall have all the rights and powers of a BID granted under G.L. c. 400, §2. The supplemental services shall be provided in addition to the standard governmental functions, programs, activities, facilities, improvements, and other services which the City of Cambridge is authorized to perform (collectively, the "standard government services"). The nature and scope of the standard government services shall be detailed in a memorandum of agreement between the BID Corporation and the City of Cambridge. IV. Fee Structure Supplemental services within the BID District shall be funded primarily through special annual fees paid by the owners of all real property within the BID District except owner-occupied residential tax parcels (the "participating property owners"). All participating property owners shall pay an assessed fee, which shall be calculated on an annual basis in accordance with the formula set forth below, collected in biannual installments by the City of Cambridge, and disbursed in full to the BID Corporation as provided in G.L. c. 400, §8. The initial installment of the BID assessments shall be included in the next available first- or second-half year tax bills issued after the BID's creation. If the initial BID assessments are first included in the second-half tax bills, the fee for the remaining portion of that fiscal year shall be one-half the annual amount described in this section. The total revenue from the fees shall be used solely for the provision of the supplemental services. No fee shall be assessed on owner-occupied residential tax parcels, and the owners of such parcels shail not be "participating property owners". For purposes of this section, all one (1) to four (4) family residential properties and all residential condominium units situated within the geographic area of the BID District shall be deemed to be owner-occupied residential tax parcels.
5 The fee imposed on each tax parcel owned by a participating property owner shall be calculated based on (i) such tax parcel's assessed value, as determined by the City of Cambridge (11) the use and of such tax Assessing parcel as follows: Department, (a) for taxable properties with an assessed value of $30,000,000 or less, the fee shall be $1.10 per $1,000 of assessed valuation; (b) for taxable properties with an assessed value greater than $30,000,000, the fee shail be $1.10 per $1,000 of assessed valuation up to $30,000,000, plus $0.40 per $1,000 of assessed valuation over $30,000,000; (c) for properties owned by corporations and other entities organized pursuant to Chapter 121A of the Massachusetts General Laws, the fee shall be as described in subparagraphs (a) and (b) above; (d) for charitable, religious, educational, government, and other properties exempt from taxation pursuant to Chapter 59 of the Massachusetts General Laws, the fee shall be as detailed in negotiated participation agreements, entered into from time to time between the BID Corporation and the owner of each such participating property, providing for contributions of cash and/or in-kind services to the BID Corporation; (e) for commercial condominium units within a single condominium which have a combined assessed value greater than $30,000,000, the fee shall be determined by allocating the $30,000,000 threshold proportionately among the units, so that the aggregate fee is the same as if the units were taxed as a single tax parcel. For example, a condominium consisting of two units having assessed valuations of $20,000,000 and $30,000,000 would be assessed as follows: (i) the first condominium unit would be assessed at the rate of $1.10 per $1,000 of assessed valuation up to $12,000,000 and $0.40 per $1,000 of the assessed valuation above $12,000,000; and (ii) the second condominium unit would be assessed at the rate of $1.10 per $1,000 of assessed valuation up to $18,000,000 and $0.40 per $1,000 of the assessed valuation above $18,000,000; and for properties where the owner can demonstrate to the BID Corporation that a single building is on more than one tax parcel having the same owner, and where the combined assessed value of such tax parcels is greater than $30,000,000, the fee shall be determined by allocating the 30,000,000 threshold proportionately among the parcels, so that the aggregate fee is the same as e parcels were assessed as a single tax parce In accordance with G.L. c. 400, §8, all fees billed by or on behalf of the BID and unpaid after thirty days from the date of billing shall become a lien on the property, which shall have priority over all other liens except as otherwise required by law. V. Budget Structure Revenues. The BID Corporation's estimated initial annual revenues are expected to be approximately $1,200,000 per year, broken down as follows:
6 Property Fees $1,100,000 Tax-Exempt Property Contributions $20,000 Other Contributions and Revenues $80,000 Expenses. The BID Corporation shall undertake the supplemental services set out in this plan n accordance with a detailed operating budget established annually by the directors. The budge nay include such reasonable reserves as the directors deem necessary, and annual expenditures shal be in accordance with the following percentage allocations: 42% Cleaning and Maintenance Programs 19% Ambassador Hospitality Program 12% Promotion, Events, and Communication 8% Beautification and Capital Improvements Administration and Overhead 14% Annual Priorities 5% The actual annual budget for the BID will be dependent upon the assessed value of participating property within the BID district from year to year and other revenue identified to support the BID program. The "Annual Priorities" budget category will be allocated by the directors as part of the annual budget, to reflect the priorities of the Board of Directors of the above described management entity (hereinafter, the "Board") for the particular year. For example, in the first year it is anticipated that this category would be applied toward equipment and cleaning, and in later years might be available for capital improvements and additional beautification. The fiscal year of the BID shall be as determined by the Board, and, if necessary, the first year may be a partial year. VI. Updating the Improvement Plan The BID Corporation shall update or amend, pursuant to the requirements and limitations of G.L. c. 400, this improvement plan periodically as it deems necessary, but not less often than once every three years. In the event of any inconsistencies between the provisions of this improvement plan (including any amendments or updates to this improvement plan) and G.L. c. 400, the provisions of G.L. c. 400 shall be deemed to control to the extent of such inconsistencies; provided, however, that any such inconsistencies shall not impair or affect in any manner the validity, enforceability or effect of any other provisions of this improvement plan. VII. Significant Financial Hardship Waiver In addition to such other actions as may be approved by the Board from time to time, the BID Corporation may, solely at its discretion, temporarily waive or reduce the annual fee for any member for whom the imposition of such a fee would create a significant financial hardship due to exceptional circumstances, considering such criteria as: (a) Protection sought under the Massachusetts or federal laws of bankruptcy or insolvency; (b) Foreclosure by a mortgage holder; or (c) Occupancy of less than 50% of usable space and area.
7 In the case of such a significant financial hardship, a participating property owner may petition the Finance Committee of the Board or such other committee as may be designated by the Board from time to time for temporary relief from the applicable fee. Such petition shall be in the form of a letter containing a description of the circumstances giving rise to the significant financial hardship, the relief requested and the name, telephone number and email address of a person to be contacted for further information concerning such hardship. The Finance Committee or such other committee, as applicable, will consider the request within thirly (30) days, and may grant or deny such request, or may partially grant such request by waiving a portion of the applicable fee. Any waiver or partial waiver shall apply only to a single fiscal year. A participating property owner may re-apply for subsequent fiscal years, following the procedures outlined above. The decision of the Finance Committee or other committee, as applicable, shall be final. VIII. Five-Year Renewal On of before the fifth anniversary of the organization of the BID under G.L. c. 400 and thereafter on or before the fifth anniversary of the date of the then-most recent renewal of the BID under G.L. c. 400, § 4, the Board shall call a renewal meeting of the participating property owners to review the preceding five-year history of the BID, propose an updated improvement plan to succeed the then current improvement plan and consider whether to continue the BID. The Board will hold the renewal meeting at a location within the District during normal business hours, and notice will be given by mail, email, or other customary method of notification to participating property owners at least thirty days prior to the meeting. If the participating property owners do not elect to continue the BID, the Board will wrap up the business of the BID prior to the sixth anniversary of the BID's creation (or prior renewal, as the case may be and proceed to discontinue the BID. Notice of the discontinuation vote will be given to the Cambridge City Council, which shall formally declare the BID dissolved as of such sixth anniversary; provided, however, that the BID shall not be dissolved until it has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities; or until funds are on deposit and available therefor; or until a repayment schedule has been formulated and approved by the City Council. The BID shall be prohibited from incurring any new or increased financial obligations after such sixth anniversary. Upon the dissolution of a BID, any remaining revenues derived from the sale of assets acquired with fees collected shall be applied to repay obligations of the BID and then to the improvement of the District in accordance with an improvement plan approved by the City Council.