HomeMy WebLinkAboutStaff Report 3.F 01/05/2009CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Aeenda Title: Adoption (Second Reading) of Ordinance Authorizing
Execution of First Amendment to Parking Garage Easement and
Operating Agreement by and among the City of Petaluma, Petaluma
Community Development Commission (PCDC), Basin Street Properties,
and Petaluma Theatre District Parking, LLC and Accepting Easement.
3.F
January 5, 2009
Meetine Date: January 5, 2009
Meeting Time: ❑ 3:00 PM
® 7:00 PM
Category: ❑ Presentation ® Consent Calendar ❑ Public Hearing ❑ Unfinished Business ❑ New Business
Denartment: Director: Contact Person: Phone Number:
City Manager John Brown Eric Dandy 778-4362
City Attorney Eric Danly
Cost of Pronosal: 0 Name of Fund:
N/A
Amount Budgeted: 0 Account Number:
N/A
Recommendation: It is recommended that the City Council take the following action:
Conduct second reading and re -adopt the Ordinance Authorizing Execution of First Amendment to Parking
Garage Easement and Operating Agreement by and among the City of Petaluma, Petaluma Community
Development Commission (PCDC), Basin Street Properties, and Petaluma Theatre District Parking, LLC and
Accepting Easement as introduced on December 8, 2008.
Summary Statement: The City Council introduced the ordinance on December 8, 2008 and voted to adopt the
ordinance by a vote of 5-2 at its meeting of December 15, 2008. Because there was not unanimous consent to the
adoption of the ordinance or a separate unanimous motion to post rather than publish, the City Charter requires
that it be published in the City's official newspaper rather than posted on the bulletin board at City Hall, as is
normally done. To cure this procedural defect, the ordinance was published on December 18, 2008 and can now
be adopted.
Attachments to Agenda Packet Item:
1. Authorizing Execution of First Amendment to Parking Garage Easement and Operating Agreement by and
among the City of Petaluma, Petaluma Community Development Commission (PCDC), Basin Street Properties,
and Petaluma Theatre District Parking, LLC and Accepting Easement
2. Proof of publication, December 18, 2008.
Reviewed by Admin. Svcs. Dir:
Date:
Rev. # Date Last Revised:
Reviewed by City Attorney:
no
Date:12.18.08
File:
1180733
Annroued by City Manager:
Date:/,:-,
I
CITY OF PETALUMA, CALIFORNIA
January 5, 2009
AGENDA REPORT
FOR
Adoption (Second Reading) of Ordinance Authorizing Execution of First Amendment to Parking Garage
Easement and Operating Agreement by and among the City of Petaluma, Petaluma Community
Development Commission (PCDC), Basin Street Properties, and Petaluma Theatre District Parking, LLC
and Accepting Easement.
1. RECOMMENDATION:
It is recommended that the City Council conduct the second reading and re -adopt the Ordinance
Authorizing Execution of First Amendment to Parking Garage Easement and Operating Agreement by and
among the City of Petaluma, Petaluma Community Development Commission (PCDC), Basin Street Properties,
and Petaluma Theatre District Parking, LLC and Accepting Easement.
2. BACKGROUND:
The City Charter, Article VII, Section 45 requires that before any City ordinance is adopted, it must
be published at least two days before adoption in the official newspaper of the City. The City Council may, by
unanimous consent, agree that an ordinance can be published by posting on the bulletin board at City Hall,
rather than published. Because the ordinance accepting the extended parking garage easement was not adopted
unanimously, and a separate unanimous motion to permit posting rather than publication was not made or
passed, the City Attorney recommends that the adoption action be re -done after publication. The ordinance was
published in the December 18, 2008 edition of the Petaluma Argus -Courier.
The need to re -adopt affects only the ordinance accepting the modification to the easement which
extends the public right to garage parking for an extra 40 years, because the City Charter requires acceptance or
sale of real property interests to be taken by ordinance. An ordinance requires two readings and has the extra
City Charter publication requirement for non -unanimous actions. The City's acceptance of Basin Street's
performance under the Owner Participation Agreement and Development Agreement for the Theatre District
project with Basin Street was approved by Resolution No. 2008-223 N.C.S. adopted December 8, 2008. That
resolution was effective December 8, 2008 and does not have a second reading or pre -publication requirement.
If the ordinance is not re -adopted, the resolution will remain in effect, but the City may not get the benefit of the
additional 40 years of public parking.
3. DISCUSSION:
Re -adopting the ordinance after publication will ensure that it conforms to the City Charter
publication requirements.
4. FINANCIAL IMPACTS:
None, other than minor costs of publication to comply with the City Charter.
1180733.1
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ATTACHMENT 1
EFFECTIVE DATE ORDINANCE NO. 2318 N.C.S.
OF ORDINANCE
Introduced by Seconded by
ORDINANCE AUTHORIZING EXECUTION OF FIRST AMENDMENT TO PARKING GARAGE
EASEMENT AND OPERATING AGREEMENT AND ACCEPTING EASEMENT
WHEREAS, the City of Petaluma ("City") and Basin Street Properties ("Basin Street')
entered into that certain Development Agreement ("Development Agreement") dated as of
February 27, 2004, in accordance with procedures established by applicable law for such
agreements; and,
WHEREAS, the Petaluma Community Development Commission ("Agency") and Basin
Street entered into that certain Owner Participation Agreement dated as of February 27, 2004 as
amended by that certain First Amendment to Owner Participation Agreement dated as of
January 23, 2006. Such Owner Participation Agreement and First Amendment to Owner
Participation Agreement are hereinafter collectively referred to as "Participation Agreement";
and,
WHEREAS, by letter agreement between Basin Street and the City dated January 21, 2004
("Livery Stable Agreement") and by cultural resources mitigation measures required of Basin
Street by both the Development Agreement and the Participation Agreement, Basin Street
assumed certain obligations regarding the historic Livery Stable on the Project Property,
including relocation of the Livery Stable from the Project property to a permanent location on
City property, and negotiation with the City Manager to establish funding for ongoing restoration
I
and maintenance of the Livery Stable from revenue sources to be determined by Basin Street;
and,
WHEREAS, Basin Street has relocated the Livery Stable to a permanent location on City
4 property in accordance with the Livery Stable Agreement; and,
WHEREAS, to satisfy its obligation under the Livery Stable Agreement to negotiate to
6 establish funding for ongoing restoration and maintenance of the Livery Stable, Basin Street has
proposed a Master Agreement with the City and the Agency, described further below, which,
among other things, provides for extending by 40 additional years at no cost to the City the
9 present term of an existing 20 year Parking Garage Easement and Operating Agreement
10 recorded as Document No. 2007092134 in the Official Records of Sonoma County ("Garage
11 Easement") executed between Basin Street and the City, which provides public parking spaces
12 and public access to them in the 'D' Street garage constructed as part of the Project; and,
13 WHEREAS, Basin Street has completed, and City has accepted, by Resolution No. 2008-
14 220 N.C.S. adopted December 1, 2008, the public improvements required by the Development
15 Agreement and Participation Agreement; and,
16 WHEREAS, Basin Street has completed, and City has issued Certificates of Occupancy for
17 all components of the private improvements required to be constructed by Basin Street except
18 for 15 of 105 total apartment units in the Riverfront Apartments and a parking structure to serve
19 the Riverfront Apartment, all as shown on the Construction Plans approved for the Theater
20 District project ("the Project"); and,
21 WHEREAS, City staff has determined that the existing parking available to serve the
22 Riverfront Apartments and its associated retail/commercial development is adequate and
23 meets the standards required within the Central Petaluma Specific Plan area without
24 construction of the Riverfront Apartments parking structure; and,
Ordinance No. 2318 N.C.S.
WHEREAS, the 15 residential units in the Riverfront Apartments which have not been
2 constructed pursuant to the originally approved Construction Plans for the Project do not
3 constitute a material unfulfilled element of Basin Street's performance under the Development
4 Agreement and Participation Agreement, given the size and scope of the other private
5 residential, retail, office and commercial space that comprise the Project and which have been
6 constructed; and,
7 WHEREAS, Section 9.3 of the Development Agreement provides that amendments to the
8 Development Agreement which do not relate to (a) the term of the Development Agreement,
9 (b) the permitted uses of the property involved in the Project, (c) provisions for "significant"
10 reservation or dedication of land, (d) conditions, terms, restrictions or requirements for
11 subsequent discretionary actions, (e) the density or intensity of use of the Project, (f) the
12 maximum height or size of proposed buildings or (g) monetary contributions by the Developer
13 provided for in the Development Agreement shall not require hearing before the Planning
14 Commission or City Council before the parties may execute an amendment to the
15 Development Agreement; and,
16 WHEREAS, the proposed design change, not being a material part of Basin Street's
17 performance under the Development Agreement, does not require formal action to amend the
18 Development Agreement; and,
19 WHEREAS, acceptance of the proposed design change means that all Certificates of
20 Occupancy necessary for the Project have been issued, and the Development Agreement
21 therefore terminates by its own terms, as set forth in Section 4.3 of the Development Agreement;
22 and,
23 WHEREAS, the Master Agreement proposed by Basin Street would, in addition to
24 providing for extension of the Garage Easement, (i) accept the Riverfront Apartments design
Ordinance No. 2318 N.C.S. V�
I change; (ii) terminate the Development Agreement and the Participation Agreement such that
2 future transferees of the property and/or the private improvements in the Project would not be
3 bound by the provisions, conditions, covenants and/or warranties contained in the
4 Development Agreement or the Participation Agreement; and (iii) satisfy all remaining
5 obligations of Basin Street regarding the Livery Stable; and,
6 WHEREAS, as part of the Master Agreement, Basin Street as an entity would continue to
7 be bound by certain conditions, covenants and warranties expressly stated in Exhibit B to the
8 Master Agreement, despite termination of the Development Agreement and the Participation
9 Agreement; and,
10 WHEREAS, Basin Street has caused to be prepared by a retained consultant a Petaluma
I 1 Theatre District Parking Garage Financial Analysis (Walker Parking Consultants, November 2008,
12 "Walker Report") which values the cost to the City of replacing the 216 public spaces provided
13 under the Garage Easement at the end of its existing 20 year term at a sum between $3.0 million
14 dollars (surface parking) and $9.3 million dollars (parking structure); and,
15 WHEREAS, the Walker Report projects that institution of a paid parking program could
16 permit the City to realize "more than $7.1 million in new revenue" over the extended period of
17 the Garage Easement if the paid parking program were implemented; and,
18 WHEREAS, the First Amendment to Parking Garage Easement and Operating Agreement
19 extending the term of the Garage Easement is attached hereto as Exhibit A and incorporated
20 herein by reference.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
22 FOLLOWS:
23 Section 1. The City of Petaluma accepts the easement for public access and parking
Ordinance No, 2318 N.C.S. \/
I described in the First Amendment to Parking Garage Easement and Operating Agreement
2 attached hereto as Exhibit A and authorizes and directs the City Manager to execute and have
3 recorded on behalf of the City said First Amendment to Parking Garage Easement and
4 Operating Agreement.
5 Section 2. This action is exempt from the California Environmental Quality Act
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("CEQA") pursuant to 14 California Code of Regulations, Section 15061(b) (3) because it can be
seen with certainty that there is no possibility that this action may have a significant effect on the
environment as defined under CEQA.
Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance
is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Section 4. This ordinance or a synopsis of it shall be posted and/or published for the
period and in the manner required by City Charter.
Section 5. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
INTRODUCED, AND ORDERED posted/published this 81h day of December 2008.
ADOPTED this _ day of
Ayes:
Noes:
0
Ordinance No. 2318 N.C.S.
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Abstain:
Absent:
ATTEST:
Claire Cooper, City Clerk
Pamela Torliatt, Mayor
APPROVED AS TO FORM:
Eric W. Danly, City Attorney
Ordinance No. 2318 N.C.S.
III
EXHIBIT A
Recording Requested by
And Return To:
City Clerk's Office
City of Petaluma
11 English Street
Petaluma, CA 94952
EXEMPT FROM RECORDING FEES PEF
GOVERNMENT CODE §§6103,27383
FIRST AMENDMENT TO
PARKING GARAGE EASEMENT AND OPERATING AGREEMENT
Petaluma Theatre District
(Petaluma, California)
THIS FIRST AMENDMENT TO PARKING GARAGE EASEMENT AND OPERATING AGREEMENT
(the "First Amendment") is made and entered into as of the _ day of December, 2008, by and
among the City of Petaluma, a municipal corporation ("City"), the Petaluma Community
Development Commission ("Agency"), Basin Street Properties, a California corporation ("Basin
Street"), and Petaluma Theatre District Parking, LLC, a California limited liability company
("Parking LLC"). City, Agency, Basin Street and Parking LLC are individually referred to in this First
Amendment as a "Party" and collectively as the "Parties".
11x011IF-Al'1
A. The Parties entered into that certain Parking Garage Easement and Operating
Agreement dated as of June 30, 2007 (the "Agreement"). The Agreement was recorded in the
Official Records of Sonoma County on August 20, 2007 as Instrument No. 2007092134.
B. The First Amendment is being entered into pursuant to that certain Master
Agreement between the Parties of even date herewith.
C. The Parties wish to amend the Agreement as set forth in more detail below.
AGREEMENT
NOW, for good and valuable consideration and other mutual covenants, the Parties
hereby agree as follows:
Extension of Term. The 20 -year term of the easement granted in Section 3(a) of the
Agreement, and the 20 -year term of the Agreement as set forth in Section 29 of the Agreement,
are hereby extended for an additional period of forty (40) years, for a total term of sixty (60)
years.
Ordinance No. 2318 N.C.S.
C�
Maintenance. Notwithstanding Section 7 of the Agreement, expenses incurred by
Parking LLC in connection with the generation or collection of parking revenue from the Parking
Garage shall be subject to reimbursement out of revenue generated from the Parking Garage,
as more fully set forth in the Master Agreement.
Parkina Fees. Without limiting Parking LLC's existing rights to charge for parking in the
Parking Garage, Parking LLC shall have the right to charge for parking in the Parking Garage in
accordance with any shared revenue parking program established pursuant to the Master
Agreement.
Counteroarts. This First Amendment may be executed in two or more counterparts,
which when taken together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the day and
year first above written.
Dated:
CITY OF PETALUMA
By:
John Brown
City Manager
Attest:
By:
City Clerk
Approved As to Form
By:
City Attorney
Ordinance No. 2318 N.C.S.
r�
Dated:
Dated:
Dated:
BASIN STREET PROPERTIES,
a California corporation
-39
Matthew T. White
President
PETALUMA COMMUNITY DEVELOPMENT
COMMISSION
-32
John Brown
Executive Director
Approved As to Form:
31
Agency Counsel
PETALUMA THEATRE DISTRICT PARKING, LLC,
California limited liability company
By: G&W Ventures, LLC,
a California limited liability company
Ordinance No. 2318 N.C.S.
Matthew T. White
Manager
STATE OF CALIFORNIA
COUNTY OF
On , 2008 before me, , Notary Public,
personally appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the some in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument,
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
(seal)
V
ATTACHMENT 2 ORDINANCE NO. 2318 N.C.S.
CERTIFICATION Oi' PUBLICATION iN EFFECTIVE DATE OF ORDINANCE
Petaluma Argus -Courier January 15, 2009
_ Introduced by Mike 0130.
(Published Thursday) Seconded by Karen Nau
OROHUNCE AUTHORIZING EXECUTION OF
IN 1-11E .FIRST AMENDMENT TO PARKING GARAGE
EASEMENT AND OPERATING AGREEMENT AND4UPERMOR COURT
ACCEPTING EASEMENT
OFTHE ty- WHEREAS, the City of Petaluma ("Cly") and Basin
Street Properties ("Basin Street') entered into that certain
STA FE OF CALIFORNIADevelopment Agreement ("Development Agreement") dated
- ' as -of February 27, 2004, in accordance with procedures
III and for the COLI N of Sonoma established by applicable law for such agreements; and,
I WHEREAS the Petaluma Community Development
DECLARATION
ION
I am a citizen of the United States, over the age of
eighteen years and a resident of said county and was at
all said times the principal cleric of the printer and
publisher of The Petaiunm Argus -Courier, a newspaper
Of general circulation- published cveelcly in the City Or
Petaluma, in said County of Sonoma, State of California;
that The Petaluma Argus -Courier is and was at all times
herein mentioned, a newspaper of general circulation as
that to Tl is ,',vf;ne ' ?,. Se�`Ih i 0(� or the Go,, crm;teui
-ode; its status its such newspaper of general circulation
having, been established by Court Decree No. 35318 of
the Superior Court of the State of California, in and for
the Count), of Sonoma, Department No. I thereof; and as
pros ided by said Section 6000- is published for the
dissemination of meal and telegraphic news and
intelligence of a gefxral character, having a bona ftdc
subscription list of pa}'ing subscribers, and i3 not devoted
I(' the interests, or pubfi.;hed for the entertainment or
instruction of a particular class- profession, trade, calling.
:ace or denomination. or for the entertainment and
instruction of site]; cusses. professions, trades, calling=,
races or denominations. that at all said tinges said
11CWspaper has been established, published in the said
City of Petaluma, in said Comity and State at rersular
intervals for more than one year preceding the first
publication of this notice l;erein mentioned; that said
notice \vas set in type not smaller than nonpareil and was
Preceded kvith \words printed in black face type not
smeller than nonpareil. describing and expl'cssing in
general terms. the purport and character of the notice
intended to begivell: that the Notice of Ordinance,
C�rdiancc Nn- NN R N.C.S. Aultorizin_2_Becgtion
Adnienclrrlent in Parking Garaee Easement & OqIerltina
agrren)cnt of which the annexed is printed copy, was
Published and printed in said newspaper at least one
consccuti\'e tittle commencing on the 18th clay of
December- 2008 and ending on the 18th day of
Decenihel 2008, to -wit December I8, 2003.
1 DECI ARI. UNDER PENALTY OF PERJURY that the
fOregOillL h H'nC and correct.
DATED thi< 181h day of December 2008, it Prtalunla-
Catiforni.r t
S l,giled 1 s�'-
Donna Tanigucll Wit` f 0crk
P170-to�ILit.;
Co)nmission ("Agency") and Basin Street entered into that
-certain Owner Participation Agreement dated as of February
27, 2004 as amended by that certain First Amendment
to Owner Participation Agreement dated as of January
23, 2006. Such Owner Participation Agreement and First
Amendment to Owner Participation Agreement are herein-
after collectively referred to as "Targc"rpolion Agreement";
and,
WHEREAS, by letter agreement between Basin Street and
the City dated January 21, 2004 ("livery Stable Agreement")
and by cultural resources mitigation museums required of
Basin Street by both gra envelopment Agree -ear end em
Participation Agreement, Basin Street assumed Cretem OUR -
gallons regarding the historic Livery Stable on the Project
Property, including relocation of the Livery Stable from the
Projeat properly to a permanent tocattaA on Cay preperty
and negotiation with the City Munger to establish fund -
Ing for ongoing restoration and maintenance of the Livery
Stable from revenue sources to bre determined by Basin
Street; and,
WHEREAS, Basin Street has relocated the Livery Stable
to a permanent location on City property in accordance with
the Livery Stable Agreement; and,
WHEREAS, to satiety its obligation under the Livery
Stable Agreement to negotiate to establish funding for
ongoing restoration and maintenance of the Livery Stable,
Basin Street has proposed a Master Agreement with the
City and the Agency, described further below, which,among
other things, provides for extending by 40 additional years I
at no cost to the City the present term of an existing 20 year
Parking Garage Easement and Operating Agreement record-
ed as Document No. 2067092134 in the Official Records Of
Sonne County ("Ganga Easement") executed between
Basin Street and the City, which provides public parking
spaces and public access to them in the 0' Street garage
constructed as part of the Project; and,
WHEREAS, Basin Street has completed, and City has
accepted, by Resolution No. 2000-220 N.C.S. adopted
1 December 1, Wall, the public improvements required by he
Development Agreement and Participation, Agrcemant; and,
WHEREAS, Basin Street has completed, antl City has
Issued Certificates of Occupancy for all components of
the private improvements required to be constructed by
Basin Street except for 15 of 105 total apartment units 1
In the Riverboat Apartments and a parking structure i
to some the Riverfrom Apartment, a0 as shown an the
Construction Plans approved for thell nater District project
("the Project"); and,
WHEREAS, City staff has determined that the existing
parking available to serve the Riverfront Apartments and its
associated retail/commercial development is adequate and
meets the standards required within the Centel Petaluma
Specific Plan area without construction of the Riverboat
Apartments parking structure; and,
WHEREAS, the 15 residential units In the Riverboat
Apartments which have not been constructed pursuant to
the originally approved Construction Plans for the Project
do not constitute a material unfulfilled element of Basle
Street's performance under the Development Agreement
and Participation Agreement, given the size and scope of
the other private residential, retail, office and commercial
space that comprise the Project and which have been cam
slructed; and,
WHEREAS, Section 9.3 of the Development Agreement
provides that amendments to the Development Agreement
which do not relate to (a) the term of the Development
Agreement. (b) the permitted uses o1 the property Involved
in the Project, (c) provisions for "significant" reservation
or dedication of land, (d) conditions, terms, restrictions or
requirements for subsequent discretionary actions, (e) the
density or Intensity of use of the Pmjeeq (f) the maximum
height or size of proposed buildings or (g) monetary contrl-
buttons by the Developer provided for In the Development
Agreement shall not require hearing before the Planning
Commission or City Council before the parties may execute
an amendment to the Development Agreement; and,
WHEREAS, the proposed design change, not being u
melorial part of Basin Street's performance under the
Development Agreement, does not require formal action to
amend the Development Agreement; and,
WHEREAS, ..sapience of the pmPO design change
means that all Certificates of Occupancy necessary far the
WHEREAS, the proposed design change, not being a
material part of Basin Street's performance under the
Development Agreement, does not require formal action to
amend the Development Agreement; and,
WHEREAS, acceptance of the proposed design change
means that all Certificates of Occupancy necessary far the
Project have been Issued, and the Development Agreement
therefore terminates by its Awn terms, as set forth In Section
4.3 of the Development Agreement; and,
WHEREAS, the Master Agreement proposed by Basin
Street Would, In addition to providing for extension of the
Garage Easement, (1) accept the Rivemont Apartments
design change; (ii) terminate the Development Agreement
and the Participation Agreement such that future transfer-
ees of the property and/or the private improvements In the
Project would not be bound by the provisions, conditions,
covenants and/or warranties contained In the Development
Agreement or the Participation Agreement; and (III) sot-
isfy all remaining obligations of Basin Street regarding the
Livery Statue; and,
WHEREAS, as part of the Master Agreement, Basin Street
as an entity would continue to be bound by certain condi-
tions, covenants and warranties expressly stated In Exhibit
B to the Master Agreement, .despite termination of the
Development Agreement and the Participation Agreement;
and,
WHEREAS, Basin Street hos caused to be prepared by
a retained consultant a Petaluma Theatre District Parking
Garage Financial Analysis (Walker Parking Consultants,
November 201113, "Walker Report") which'volues the cost to
the City of replacing the 216 public spaces provided under
the Garage Easement at the and of Its exieting 20 year farm
at a sum between $3.0 million dollars (surface parking) and
Alf the City to realize "more
e" over the extended period
paid parking program were
WHEREAS, the First Amendment to Parking Garage
Easement and Operating Agreement extending the term of
the Garage Easement Is attached hereto as Exhibit A and
Incorporated herein by reference.
NOW, THEREFORE, DE IT ORDAINED BY THE CITY
COUNCIL OFTHE CITY OF PETALUMA AS FOLLOWS:
Section 1. The City of Petaluma accepts the esse-
ment for public access and parking Oasaribad In the First
Amendment to Periling Garage Easement and Operating
Agreement attached hereto as Exhibit A and authorizes and
directs the City Manager to execute and have recorded on
behall of the City said First Amendment to Parking Garage
Easement and Operating Agreement.,
Section 2.This action is exempt tram the California
Environmental Quality Act ("CEOA") pursuant to 14
California Code of Regulations, Section t5ggi(b)(3) because
It can be seen with certainty that there Is no possibility that
this action may have a significant affect on the environment
as denm:d under CEQA.
SmAioh 3. If any section, subsection, sentence, clauses
phrase or word of this ordinance [a for any reason hold to
be unconslilulionnl, unlawful or otherwise invnlld by a court
of competent jurisdiction or preempted by state Ieglslatlon,
such decision or legislation strait not affect the validity of
file remaining portions of this ordinance. The City Council
of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all pmvi-
alone thereof Irrespective of the fact [list any one or more
of said provisions be declared unconstitutional, unlawful or
otherwise invalid.
Section 4. This ordinance, or a synopsis of It shall be
posted andlor published for the period and In the manner
required by City Charter.
Section 5. This ordinance shall become effective thirty
(30) days after the date of its adoption by the Petaluma City
Council.
INTRODUCED, AND ORDERED posted/published this 8th
day of Decemho• soca.
aoOPTED this 15th day of December 2008.
Ayes: Freitas, Harris, Nan, O'Brien, Vice Mayor Robbllt
Noes: Barrett, MayorTorliatt
Abstain: None
Absent: None '
PamulaTorliett, Mnyor
ATTEST: APPROVED AS TO FORM:
Claire Cooper, City Clerk
Eric W. Danly, City Attorney
EXHIBIT A
Recording Requested by
And Return To:
City Clark's Office
City of Petaluma
11 English Street
Petaluma, CA 44052
EXEMPT FROM RECORDING FEES PER GOVERNMENT
CODE 946103, 27383
FIRST AMENDMF14TTO PARKING GARAGE EASEMENT
AND OPERATING AGREEMENT
Petaluma Theatre District
(Petaluma, California)
THIS FIRST AMENDMENT TO PARKING GARAGE
EASEMENT AND OPERATING AGREEMENT (the 'That
Amendment") Is made and entered Into as at the _tlay
of Decembar,2000, by and among the City of Petaluma, o
municipal corporation ("City"), the Petaluma Community
Development Commission ("Agency"), Basin Street
Properties, a California corporation ("Basin Street"), and
Petaluma Theatre District Parking. LLC, a California limited
liability company ("Parking LLC"). City, Agency, Basin Street
and Parking LLC are Individually referred to In this First
Amendment as a"Party" and collectively As the "Parties".
RECITALS
A. The Parties entered into trial certain Parking Garage
Easement and Operating Agreement dated as of June 3a,
2007 (the "Agreement"). The Agreement was recorded in
the Official Records of Sonoma County on August 20, 2807
as Instrument No. 2007002134.
S. The First Amendment is being entered Into pursuant
to that certain Master Agreement between the Parties at
even date herewith,
C. The Parties wish to amend the Agreement as set forth
In more detail below.
AGREEMENT
NOW, for good And valuable considoratfon and other
mutual covenants, the Parties hereby agree as follows:
Extension of Term. The 20 -year term of the easement grant-
ed In Section 3(a) of the Agreement, and the 2(1 -year term of
the Agreement as eel forth in Section 213 o/ the Agreement,
are hereby extended for an additional period of forty {40)
years, for a total term of sixty (60) years.
Maintenance. Notwithstanding Section 7 of the Agreement,
expenses incurred by Parking LLC In connection with the
generation or collection of parking revenue from the Parking
Garage shall be subject to reimbursement out of revenue
generated from the Parking Garage, as more fully set forth
In the Master Agreement,
Parking Fees. Without limiting Parking LLC's existing rights
to charge for perking in the Parking Garage, Parking LLC
shall have the right to charge for pnrking in the Parking
Garage in accordance with any shared revenue parking pro-
gram establtshod'pursuant to file Master Agreement
Counterparts. This First Amendment may be'exesutad In
two or more counterparts, which when taken together shall
constitute one and lite same Instrument.
IN WITNESS WHEREOF, the Parties have executed this First
Amendment as of the day and year first above written.
Dated:
CITY OF PETALUMA
Sohn Brown
City Mnnager
Attest:
By:
City Clerk
Approved As to Farm:
By -
City Attorney
Dated,
BASIN STREET PROPERTIES,
a California corporation
By:
Matthew T. White
President
Dated:
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
By.
John Brown
Executive Director
Approved As to Form:
Bin
Agency Counsel
Dated
PETALUMA THEATRE DISTRICT PARKING, LLC,
California limited liability company
By: G&W Ventures, LLC,
a California limited liability company
By
MstthowT. While
Manager -
STATE OF CALIFORNIA
COUNTY OF
On ,2068 before me, ,Notary Public,
personally appeared , who proved to me an the
basis of satisfactory evidence to be the percents) whose
name($) Istare subscribed' to the within Instrument and
acknowledged in me that he/she/Ihey executed the some In
h[Whadtheir authorized eapacltyges), and that by hlelhmof
their signature(s) an the Instrument the person(s), or the
entity upon behalf of which the parson(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph In true
and correct.
WITNESS my hand and official seat.
Signature:
(seat)
PD84650463-Pub. December 18, 26118 ilhl
A