HomeMy WebLinkAboutPCDSA Resolution 2013-03 6/3/2013 Resolution No. 2013-03
of the Petaluma Community Development
Successor Agency
APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN THE
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY AND THE CITY OF
PETALUMA FOR THE COMMERCIAL LEASE OF THE TRAIN DEPOT BUILDINGS OWNED
BY SONOMA MARIN AREA RAIL TRANSIT (SMART)
WHEREAS, the City of Petaluma (City) resolved to act as the.Petaluma Community
Development Commission Successor Agency (PCDSA or Successor Agency) to, and assumed
all rights and obligations of, the former Petaluma Community Development Commission
(PCDC), by Resolution No. 2012-03; and,
WHEREAS,the City Council established the PCDSA as an independent public entity
pursuant to Health and Safety Code Section 34173(g), on August 6, 2012, by Resolution No.
2012-118 N.C.S.; and,
WHEREAS,the liability of the PCDSA is limited pursuant to Health and Safety Code
Section 34173(e) and other applicable law; and,
WHEREAS, the former PCDC entered into that certain Commercial Lease with the
Northwestern Pacific Railroad Authority for the Old Train Depot Buildings and the associated
improvements, identified as Sonoma County Assessor's Parcel Number 007-131-004
(Lease); and
WHEREAS,the Lease was assigned to the Sonoma Marin Transit Authority by the
Northwestern Pacific Railroad Authority in 2004; and,
WHEREAS, pursuant to Health and Safety Code Section 34175 (b),all leases of the
former.PCDC were transferred to the PCDSA as a matter of law as of February 1, 2012;and,
WHEREAS, the State Department of Finance (DOF) has disapproved use of tax
increment funds of the former PCDC, now referred to as Redevelopment Property Tax Trust
Funds, to pay the Lease expenses after the initial Lease term expires on August 1, 2013; and,
WHEREAS, to preserve the Lease terms and continue leasing the property through
available options to extend the Lease term, the PCDSA wishes to assign the Lease, and an
associated sublease and license agreement, to the City; and,
WHEREAS, the City is willing to accept such assignment and to assume all of PCDSA's
rights and obligations thereunder; and,
WHEREAS, pursuant to Health and Safety Code Section 34181(e), the Oversight
Board for the Successor Agency must approve such proposed assignment.
PCDSA Resolution No.2013-03 Page 1
NOW,THEREFORE, BE IT RESOLVED BY THE PETALUMA COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY,that the Successor Agency hereby:
1. Subject to the approval of the Oversight.Board, authorizes the Executive Director
to execute an Assignment and Assumption Agreement (substantially in the form
attached as Exhibit A) between the Petaluma Community Development Successor
Agency and the City of Petaluma for the Train Depot Buildings and Property
located on Assessor's Parcel Number 007-131-004.
2. Further authorizes the Executive Director to execute such other and further
documents, including without limitation assignments of a related sublease and a
license,and to take such other and further action as necessary or appropriate,to
carry out the intent of this Resolution.
3. Authorizes and directs the Executive Director or his designee to transmit this
Resolution and all related information to the Oversight Board for the Successor
Agency.
4. Declares that if any provision, sentence, clause, section, or part of this Resolution
is found to be unconstitutional, illegal or invalid, such finding shall affect only such
provision, sentence, clause, section, or part,and shall not affect or impair any of
the remainder.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A o d as to
Petaluma Community Development Successor Agency at a Regular Meeting on the
3rd of June,2013,by the following vote:
AYES: Albertson,Barrett,Glass,Harris,Healy,Kearney,Miller Gen ounsel
NOES: None
ABSENT: None
ABSTAIN: None
'.
ATTEST:
Recording Secretary • Chair
PCDSA Resolution No.2013-03 Page 2