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HomeMy WebLinkAboutPCDC Resolution 96-05B 04/15/1996 PETALUMA COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NO. 96-05 B RESOLUTION AUT>EIORIZING EXECUTION OF AGREEMENT FOR PUBLIC USE OF PRIVA'T'E PROPERTY WHEREAS, the Petaluma Community Development Commission has established as one of its goals, provision of restrooms for public use in the Downtown area; and WHEREAS, the owners of the property located at 125 Petaluma Blvd. No., Assessor Parcel # 006-281-015 have, in return for concessions from the P.C_D.C. regarding development of the property and financial assistance as spelled out in the attached Exhibit A (Draft Agreement for Public Use of Private Property), committed to make two restrooms in their building available for public use; and WHEREAS, the P.C.D.C. on April 15, 1996 has reviewed said Agreement for Public Use of Private Property; NOW,. THEREFORE, BE RESOLVED that the Petaluma Community Development Commission hereby authorizes the executive director to complete final negotiations and execute the final Agreement for Public Use of Private Property for the lease of two restrooms at 125 Petaluma Blvd. No. for use by the public. Adopted this 15th Commissioner Ave Hamilton X Maguire X Read X Shea X Stompe X Vice Chair Barlas X Chair Hilligoss X ATTEST: P.E. day of April No 1996 by the following vote: Absent Reso. 96-0 5 :'~ Patricia Bernard Petaluma City Clerk 11 English Street Petaluma, California 94952 °,DR°° F~~~I~3d'A' A AGREEMENT FOR PUBLIC USE OF PRIVATE PROPERTY Recording Requested by and when recorded return to: This agreement is entered into on 1996, between the Petaluma Community Development Commission ("Commission") and Jon A. Jernigan and Jane H. Jernigan, Trustors and Co-Trustees of the Jernigan Family Living Trust ("Owners") of the real property located at 125 Petaluma Boulevard No., Petaluma, California ("the Property") and more particularly described as Assessor's Parcel Number 006-281-015 (see attached Exhibit A). Commission and Owners agree as follows: Public LTse of Property by Permission 1 This agreement is entered into pursuant to Civil Code Section 1009. Owners grant express permission for the public use of the Property; that use is subject to Owners' control and to the restrictions described in paragraph 2 below. No use of the Property by members of the public and no maintenance or improvements to 'the Property by Commission or any other governmental body during the effective period of this agreement shall ripen to confer on the public a vested right in the Property. Restriction on Public Use of Property 2. The use of the Property permitted by Owners in paragraph 1 above is subject to the following restrictions: A. Use is limited to public access to the two restrooms accessed from Putnam Plaza as shown on plans approved by the City of Petaluma Building Division plan number 95003726. 1 B. Use of the Property is subject to the following: a) Commission will provide one-time reimbursement payment to Owners of $ for cost of extraordinary construction/improvement and design/specifications thereof, needed for development of these restrooms for public use. b) Commission will pay Owners $1.00 per year to lease the two restrooms. Payment shall be in advance for this term of the agreement. c) Commission will pay the cost of separate utility meters, for water and energy needed to serve the two restrooms and will pay monthly cost for utility services including water, sewer and energy. d) Commission will add restroom facilities to its general public facilities insurance or joint powers coverage. e) Owners will provide ongoing maintenance for restroom facilities consisting of, at a minimum, bi-weekly professional cleaning; daily inspection, superficial cleaning and restocking of supplies; maintenance for general wear and tear, and repair of minor damage not exceeding $100.00 per incident. f) Commission will pay monthly maintenance cost subsidy to Owners for said improvements in the amount of $ Said subsidy subject to renegotiation after asix-month trial, based on actual costs/ experience as documented by Owners. g) Commission will repair or reimburse, at Commission's discretion, Owners for repair of damage due to vandalism in excess of $100.00 per incident. h) Owners to make restroom facilities available seven days per week from 9:00 AM until 5:30 PM. Owners are responsible for opening/ unlocking, each morning and closing/locking, restroom facilities each afternoon/evening. No use in violation of these restrictions shall be considered public use for purposes of finding of implied dedication. Owners shall not prevent by physical obstruction, notice, or 2 otherwise, any public use that is appropriate under the permission as granted and restricted under this agreement. Limitation of Owners' .Liability; Indemnify by Commission 3. Commission hereby covenants and agrees to, and shall, indemnify, save harmless and defend, Owners, its agents and/or employees against all claims, demands, costs, and liabilities for damages of any kind or nature arising out of or occasioned by the Commission's performance of its obligations pursuant to this agreement or the use of the leased facilities by the Commission on behalf of the public. However, this indemnity does not extend to any loss, damage or expense arising out of the negligence or willful misconduct of the Owners, their agents and Owners' employees. 1Vlaintenance and Improvements 4. Owners shall improve and maintain the Property as described in paragraph 2 above; all improvements will be and shall remain the property of the Owners. Owners shall not make any changes in the improvements or remove and/or modify the improvements described in paragraph 2 above without the prior written approval of Commission. Commission and/or City of Petaluma have granted Owners access to the Property, certain utility connection points and roof overhang encroachments into Commission/City property known as Putnam Plaza, Assessor's Parcel Number 006-281-039, as partial consideration for and to induce provision of said restroom facilities and to facilitate the fullest utilization and development of the Property for commercial land use. In acknowledgment of the above, Owners commit to restoration of the public improvements in Putnam Plaza to the satisfaction of the Commission/City. Transfer of Property; Successors and .Assigns 5. If Owners cease to be the owners of the Property, he/she shall file with the Commission a notice to the effect containing the name and address of the new owner and a copy of the deed. The new owner shall take title subject to the provisions of this agreement. If 3 ~~ Commission ceases to exist, it shall notify Owners of this fact and of the name of its successor agency by letter addressed to Owners' address as set forth above. The successor agency shall assume Commission's responsibilities under this agreement. Termination Date 6. This agreement shall terminate on June 30, 2016, unless renewed in writing by Commission and Owners prior to that date. Notwithstanding, however, that Commission may cancel agreement by providing Owners one-year written notice. Petaluma Community Development Commission Owners/Trustors and Co-Trustees of the Jernigan Family Living Trust Executive Director Jon A. Jernigan ATTEST: Recording Secretary APPROVED AS TO FORM: General Counsel APPROVED: Risk Manager APPROVED: Finance Director agrmt.doc 4/1/96 (frnk) Jane H. Jernigan 4