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service'merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.i6 3. Reasonable Cost TVTMD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the VTV, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials,receive sales leads generated from TVTMD- funded activities, be featured in advertising campaigns, and benefit from other TVTMD-funded services. Non-assessed lodging businesses will not receive these, nor any other, TVTMD-funded services and benefits. The TVTMD-funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-TVTMD funds. TVTMD funds shall only be spent to benefit the assessed businesses,and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses. D. Assessment The annual assessment rate is three dollars and twenty-five cents ($3.25) per paid occupied room per night. Based on the benefit received,assessments will not be collected on: stays of more than thirty (30) consecutive days,nor on stays by any Federal or State of California officer or employee when on official business who makes a claim that they are exempt, nor on stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. The annual assessment rate may be subject to an increase each year starting in the third year, the amount of which shall be determined by the VTV Board, as described in Section V. The total assessment rate may not exceed four dollars ($4.00). The assessment is levied upon and a direct obligation of the assessed lodging business. However,the assessed lodging business may,at its discretion,pass the assessment on to transients. The amount of assessment,if passed on to each transient,shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the TVTMD assessment is identified separately it shall be disclosed as the"TVTMD Assessment." As an alternative,the disclosure may include the amount of the TVTMD assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the "Tourism Assessment." The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for any purpose, including calculation of transient occupancy taxes. Bonds may be issued. E. Penalties and Interest The TVTMD shall reimburse the Cities,Town and Counties for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent TVTMD assessment are sought to be recovered in the same collection action by the City,the TVTMD shall bear its pro rata share of such 6 Government Code§53758(b) TVTMD Management District Plan �VISSIT 13 February 3,2022 ��(/i/ •�1 california