HomeMy WebLinkAboutPCDC Resolution 90-09 12/17/1990D E C l'71 ~~_~
990. ~
~' Resolution No. 90-9:
RESOLUTION OF PETA'LUMA COMMUPTITY
DEVELOPMENT COMM~I38'ION APPROVING.
REDEVELOPMENT PARTICIPATION PROPOSAL
FOR.PETALUMA MARINA B.USINE88
CENTER AND APPROV.hNG~'DI'SPOSITION
OF R~EAh `PROPERTY WITHfiN TH$ PROJECT
AREA FOR' DE9ELOPI~fENT
.WHEREAS, the Petaluma Community D,evehopmen~t Commission
(the "Commissi;o;n".) has prepared tYe Redevelopment Plan. (the
"Plan") for the P-etaluma Commuri`ity Development Project as
approved. and adopted by the Comm iss,on pursuant to Resolution 88-
6 passed July 5, 1988 and adopted by'the City of Petaluma ('the
"City") by Ordinance No.: 1725 N:CS. passed July 18, 1988:
WHEREAS, Part ZI'L of the P1;an identifies a portion of
the City as the Project Area ~(lleren, so .cal'led) ;
' WHEREAS, Part IV (2) of the Plan provides that owners
of property and .business tenants wah~n the Project Area may
participate in t'he redevelopment o.,f~property'within the Project
Area in accordance, with the. :Rules Governing Participation of
Owners and Business Tenants adopted ,b.y the Commission;
WHEREAS, Pair IV (3-) ofthe Plan prrovid~es that each
participant who is-riot a conforming owner shall enter into a
binding agreement :with the Commission pursuant to which the
participant must agree to develop :or use the participant's
,property in conformance with: the Plan;
WHEREAS, the Commission has acquired from the City that
certain read property located in the City o ''Petaluma, County of
Sonoma, State of California, des'gna.ted Lot 1, Lot 2, Lot 3 and
Lot 4, as shown and. designated upon that certain map entitled.
Petaluma Marina Parcel Map" No. 2:47, fled:.n the office of the
County Recorder onFebruary 27, 1990, in Book _454 of Maps, pages
9 and l0, Son'oma Couri'ty Record's and al.l appurtenances thereto all
. .
as more particularly described ~iri Exhib.:t '!A" attached hereto and
incorporated herein. Said real property sh'a11 be individually
herein called "Lot 1", "Lot 2", "Lot 3" and "Lot 4". ,Lot 1, Lot
2, Lot 3, and Lot 4 'shall collectively called the "Petaluma
Marina Binsiness Center";
Sd;~.ER&AS,. the 'Petaluma Marina Business Center is subject
to tho e certain Subdivided Ground Leases (individually "Ground
Lease" and collectively .thee"G,round Leases"'j between t_he City as
landlord and .Marina. Office Park Associates,. a California Limited
Partnership (",MOPA"j, as tenant dated~S'eptember 11, 199D and
recorded~September 12, 1990 under Document No. 1990 0090.880
(;Lot 1) , 1990 009:0881 (Lot 2) , 1990 009:'0'882 ~ (Lot 3) and 1990
00:90883 (Lot~4);
- WHEREAS, MOPA has assigned the Ground~Lease for Lot 4
'.t;o Kir..kman L. Lok, Cynthia. Lok,. Lawrence°.Lok', Frances Lok, Alec
Lok and Daisy Maria Lok (!'Lo;ks") pursuant to that. certa-n
Assw;gnment o:f Tenant's Interest, in Subdivided Ground L`eas'e'.
rec:ordECl S;e~,:tEr~er' 14 ,' 199'0 und'cr • DocLmen•::.ra.o . ~ ~ , .. ~ 0 ~ .9 _
;a~ss;ig,nment has been approved and ,accepted : by the City; ~' ~ ~~
WHEREAS, the COmm~isson`has receved.that certain
Redevellopment Participation Proposal f,o,r•`the Petaluma Marina
Busine's`s. Ge'nter (the "P,r.oposal";j ~•'submitted.: by MO PA and Loks, a
copy o°f wh'i.ch is attached hereto °a `s Exhibit "B" and incorporated
herein;
• ~ COOR2602'7
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Community Development Commission R~~,, 9 ~ - 9
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WHEREAS,. the Proposa-1 provides, among other things,
that MOPA washes to develop Lot 1, Lot 2 a.nd Lot 3 in accordan-ce
with the Plan and Ownership Participat-ion Agreements im the form
and substance attached to the Proposa"l and Loks~wish to.develop
Lot 4 in accordance with the Plan and the Ownership Participation
- Agreement attached to the Proposal;
WHEREAS,,. the Proposal states among other things, that
MOPA and Loks believe that-the successful development of thee:
Petaluma Marina Business .Center is substantially depende'n't upon
the acquisition of the Petaluma Marina Business Center by MOPA
and/or its permitted assigns;
NOW'.THEREFORE, BE. IT RESOLVED BY THE PETALUMA COMMUNITY
DEVELOPMENT COMMISSION AS FOLLOWS:
Section 1: The Commission hereby approves the
Proposal and finds and determines that the. Proposal, a,nd the
proposed development and improvements described therein, conforms
with the Plan.
Section 2: The~Commisson hereby approves the form
and substance of the Agreement of Purchase and Sale attached to
the Proposal as Exhibit '!2~" theretg and hereby authorizes its
Chairperson to execute said Agreement o~f Purchase and Sale and
all agreements, irtstrumen"ts and' instructions described therein on
behalf of the Commission.
Section 3: The Commission find and determines that
the improvements described in .the Proposal shall meet., upon
completion of construeton, a structura_l.cgndition equal to or
better than that required for new structures of equivalent. size,
location, use and occupancy as required by the health and safety
laws and regulations of the City.
Section 4: The Commission finds and determines
that MOPA possesses the financial abl-ity:-to complete its
participation in -the development of the~Petaluma Marina Business
Center in accordance with the-Plan and that Loks possess the
financial ab:Tity to comp ;etc their participation in the
development of Lot 4 in accordance with the Plan.
Section 5: The Comm__ssdn.waives any .requirement
that either MOPA or Loks submit a S,tateme`nt of Interest as
described in Section 4:(A) of the Rules of the Petaluma Community
Development Commission Governing Participation by Owners and
Business Tenants in the 'Petaluma Communit„y Development. Project
(Exh ibit ",A" to 'the .Plan). .
Section 6: MOPA must execu~e the Ownership
Participation Agreements a;t ached to the Proposal within one (1)
year of the date of this Resolution and Loks~and/or theix
permitted assigns must execute the Ownership Participation
Agreement attached to the Proposal within. one (1) year of the
date of this Re"solution.
Section 7: The Commission hereby authorizes its
Secretary to publish.notice of this Resolution and of the
tra,ns-f'er of t.t-le to the .Petaluma Marina Business Center in the
masnne;r :required. by Cal,if'or'n`ia .Health & S'afety~ .Code 3`3'4x31.
Section 8: This.Resolut,ion shall take effect upon.
tFre.'effe'ctive date of Ordinance 18'3'1 NCS.
0
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COOR26.027
2marina4.res
Community Development Commission ~~~~, ~ ~ ® 9
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PASSED AND ADOPTED at a regular meeting of the.,Pe.taluma
Community Dev.el'bpment Commission held on_December.ll,. 19.9.0, by the
following vote:
Commissioner Aye No Absent Abstain
Ba'lshaw (X)
Sobel (X)
Davis. (X)
Woolsey (X)
Tencer lx1
Vice Chi
Chairman
Attest:
Approve
as to f~
Community Development Commission
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COOR26027
;2marna4.re's
R,
List of Exh'ibi'ts
Exhibit "A!' LegaT~ Description o°f Petaluma
Marina Business Center
Exhibit "B";, Proposal
l~V l~~L O`.~ - 1
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AP 005-0;60-24
0:05-0`60-27
005-060-2`8
A11 that rea=1
Sonoma, State
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~pe'r:ty. situate. in the City of Petaluma, County of
California, described" as follows:
F~ZRST PARCEL
LOTS 1 through 4, as shown and~~desigri,ated upon .than certain map
entitled Petra-puma Ma-mina Pazce~l Map:No. 247, filed in the office
of the County Rec:order• on Februa-ry~ 27 , 1990, in Book 454 0`_ .*^.aps ,
pages 9 and 10 , . Son:or~a County Records . .
SECONb PARCEL
A NON-EXCLUS`Z~VE ~ c;omrion, driveway easement over that portion o'f'
Lot 6, designated as 50.•-F.oot None-Exclus,ve~Common Driveway
Easement Over Ma°r~na Project, as shown upon that certain m'ap:
entitled Petaluma Marina Parcel Ma'p Noy., 2,47, filed, in the office
of the County Recorder on February- 27,.1990, in Book 454 of Maps,
pages 9 and 10, Sonoma County .Records.
THZRD.PARCEL. •
A NON=EXCLLTSIVE.common drivew.ay~easement over-those portions of
Lots ~5 and 6 , designated 'as 30 Foo'tr Non-Exclu'si-ve Common Driveway
Easement Over Commercial R•roject aril over Marina :Project, as
shown upon .that cent:a,n map entitled Peta`Iuma Marina Parcel Map
Na. 247, filed in the of`f,ce of the CountyRecorder on ~Februa-ry
27~, 1990, in Book 454 of Maps, pages '9 and 10, Sonoma County
Records...
FOU.RT-H PARCEL •
AN EASEMENT for street or highway purposes, more particularly
described as follows:
A STRIP OF LAND, 8;0 feet wide,. situated in the City of Petaluma,
Coun y of Sonoma, State of Calif"or~ni:a,, lying equally.40~ feet on
each side of the f`o.llowing d~e's•cr'Yied "line:
page T of 2
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Community Dev:elopm'ent Commission ~ ~ ;~~~ ~ ~ ®9
:10.1=2,83-T 310
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COMMEN.GTNG 'at the s'outheas"ter--ly cor,ne=. o'f that certain parcel of
land d'escr"ibed in Deed dated .May 16,`19;84, from Public Storage
Propert-es X; Ltd. to City of 'Petaluma, recorded July 3, 1984,
under Document No. 84-045'2,09, Sonoma County. Records, said corner
being in the northerly line of lard, 60 feet wide, of
Northwestern Pacific~Railroad Companyr thence North 77°~O1' S1"
West, along, said northerly line, being parallel with and distant
30 feet northe`r1y, measured at right angles frgm the original
located centerline of Northwestern Pacific Railroad Company's
main track (formerly-bonahue Branch, retired),- 26..33 feet to the
true poin°t of beginning of the line herein to be described;
thence South 5° 1.8' 25" East, 63.19 feet to the southerly li"ne of
said Company's land.
The-side lines of the herein above described 80 foot wide st"rip
of land terminate in said northerly and southerly lines: -
FIFTH' PARCEL
AN EASEMENT-for street or highway purposes, more part-icularly
described as follows: -
BEING a portion of the lands of Northwestern Pacific Railroad. ,
Company, as described by Deed recorded i-n -B.ook 345 of .Deeds, page
266, Sonoma County Records,, and being more-particular by described'
as follows:
BEGINNING at Point "C" as shown on that-Record of Survey, filed
in 'Book 185 of Maps, page 15 in the Of'f,ice of the Sonoma County
Recorder; thence ,along the southea~sterTy line of .the said lands
of Northwestern Pacific Railroad Company,, along a curve to the
left f'rom~a tangent .which bears North 7.6° 59° 1.2" West through~a
central angle of 3° 02` 36", having a radius of 35'`2.2 feet and.
length.of~18.T1 feet; thence"leaving said southeasterly line,
North 5° 10'' 14" West., 0'.52 feet; thenc'e~ South 76`° 59' 12" East,
18.86 .feet to the point of beginning.
page 2 of 2
mission ~~. ~ 0 ° 9 c ~ .1'~ ~' .~
Community Development Com ~~
REDEVELO:PM~ENT ;PARTICIPATIOPd PROP03AL
FOR BETALUMA.~MARINA B.USINE38 CENTER
THIS RE'DEV.ELOPMENT PARTICIPATION PROPOSAL (the
"Proposal.") is made as of ths~~,5th -.d"ay of November, 1.990 by
:Marina Office Park Associate ~a Cali.for,ma Limited Partnership
("MOPA!'~) , .and' by Kirkman L. 'Lok, Cynthia Lok, Lawrence Lok,
Frances.-Lok,, Alec Lok and Daisy Maria Lo-k (the "Loks") to the
Petaluma Community Development Commission (the "Commission").
R ~E C I T A L 3:
THIS PROPOSAL is, :made with reference to the following
facts:
A. The City o.f Petaluma (the "Ci`ty',') is the. fee title
owner of that certain real property commonly know as Lot°1, Lot
2-, Lot 3 and Lot 4, ass shown on Parcel .Map~No. 247, filed
February 27, 199O,.in Book 454 of Maps, pages 9~a~nd 10, Sonoma
County Records and. more particularly described in Exhib..t "1"
attached~hereto:and i'neorpo:raced herein. Said real properties
are herein separately ref"erred to as "Lot,1", "Lot 2", ."Lot 3"
and "Lot 4'! and are herein collectively referred to as the
"Petaluma Marina Business Center".
B. MOPA is the current ground lessee of Lot 1, Lot 2
and Lot 3 pursuant to ;thos,e.certain component Subdivided Ground.
Leases (herein separately referred to as "Gr-ound' Lease!'~~and
y " ") dated. September 11, 19'9°0 and
recordedvSeptemberr12na199Osund'er Document Nos. 1990 009`0880 (Lot
1) ," ~L990 0'09088::1 (Lot 2) and. 1990 0'090:8'82 (Lot 3~) . L'oks are the
current ground"less'ees of Lot.4 pursuant to that certa:in
Subdivided' Ground Lease dated September 11., 1990'and-.recorded
Septembe.r~14, 1990 under Document No. 1990 0090883 and' Assignment
of Tenants Interest~in Subdivided Ground Lease reco-rded September
14, 1990 under Document No. 1990 0091.974.
C. The Petaluma Marina Business Center ,is are situated
within the Project Area (herein so called'_) designated by the '
Redevelopment Plan (the "Plain") aspapproved and adopted by the
City Council of the City of Petaluma pursuant to Ordinance No. '
1725 N.C.S. as of'July `18, 1988.
D. MOPA.and Loks wish to. participate separately,: ,in the
redevelopment ;of the Project Area in conformity with the Plan in
the ma"nn,er set forth in this P`roposal~.'
E. By approvarl hereof, as .evidenced by the signature
of an authorized member of the Commisson.a.t,the end of this
Proposal, the Comm~i~sson shall be conclusively deemed to ,have
approved this Proposal.
ACGbRDINGLY, MOPA and Loks propose 'as follows:
1. Incorporation o~f Recitals a'nd Exhibits,: .The
Rec,,tal :and Exhibits to ths.~Pro,posal are;hereby incorporated
here;.n by this r.e;ference a, if ;,set forth in furl .
2. Redevehbp_ment .Proposal.: MOPA proposes to' de~elo;p
. Lot ~'1,; Lot 2 and Lot 3 and Lo;ks, propose t'o develop Lot. 4 as
. f o Ia,ows :
2.1 Ree T'tle..~Acqu'isit~on: MOPA wishes to .acquire
fee t~it,l:e, to the Petaluma, Mari°na~. Bins-ness Center. MOPA and Loks
believe- tfia`t MOPA's ownership of fee title is essent;ai t'o the
redevelopment of the Petaluma .,Marina Business Center ._ MOPA
COOR2 6~0 2 7
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Community Development ~omrr~ission ~ ~,~~~' q ~ ®9,~j ,
proposes to acquire fee. title to the Petaluma Marina Business
Center pu'-rsu-ant t:o the terms .of that.cer'tain Agreement of
Purchase and S-ale and t=Yie exhibits thereto ;in the form and
substance attached hereto as~Exhibt "2",..-and incorporated herein
(.the '".Agreement"'~) . ~ .
. 2.2 Form and Manner of Participation: The form
_.
a.nd.manner of par.ticpati,on sought. by~MO"PA and Loks are. stet forth
in the Ownersh<i~p Partcipat,ion~Ag;reements ("OPAs") attached to
the 'Agreement as Exhibits "E-1", "E-2",-"E-3"" and "E-4" thereto.
2.. 3' DescriA;tion.of Froj_ect: An .accurate. and
detailedkdescrption of the.proj;ects proposed for. Lot 1,.,.Lot 2.,
and -Lot 3 by MOPA and' for Lot 4' by Loks `is set forth •in ~ Article 1
of each of the OPAs.
2.4 ~ Effect on Ground Leases:, Upon MOPA's
acquisition of the, fee, title to~the Petaluma Marina Business
Center, the G:ro,und Leases for Lot 1, Lot~2 and Lot 3 shall
terminate. and sha=11 be of no force and e~ff,ect. The, Ground L"ease
for Lot 4 shall remain' in :full force and.effect and MOPA shall
succeed to the interes;ts:of landlord thereunder subject to .the.
OPA for Lot 4 and all otter covenants,`cond~tions and
restrictions: of .record whch~may constitute a lien or encumbrance
against the. fee t,'tle ownership interest in Lot 4. MOPA has
agreed; `by separate written agreement to transfer the fee title
ownership .interest yin Lot 4' to Loks pursuant to ,,and in accordance
with the terms and conditions of said'separate written-agreement.
3. Evidence of E-nancial Ability: Evidence of MO PA's
financial ability to compleae~ts participation in the
redevelopment of-Lot i, Lot 2 and Lo-t 3 ;in accordance with the
relevant OPAs 'is' "set forth ori. Exhibit "3-A" :.attached hereto and
incorporated herein. Evidence of'~Loks.financial ability to
complete its participation. in the redevelopment o~f Lot 4 in
accordance with the relevant OPA is se.t~fo:r.th in Exhibit "3-B"
attached hereto and incorporated`herein.
In witness whereo.f,:MOPA and :Loks make this Proposal to
the Commission as of the day"and year first above written.
MOPA-: Marina O~ff;ce Park Associates, a
-California Limited Partnership
By
Borue H. O'Brien
General Partner
By
Richard A. Coombs
General Partner
Comrnunity~ Development Commission
By
Larry L;. Wasem
General-Partner
COOR260'27
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Loks:
--:_ Kirkman 'L. Lok
Cynthia Lok
' Lawrence Lok '
Frances Lok
Alec Lo°k
Daisy Maria Lok '
The Petaluma Community Dev,elopment'Commiss~ion hereby accepts ,and
approves of this Proposal pursuant to Resolution No.
passed 1990.
Petaluma Community Development
Commis ion;,.~a public body
corporate and politic
By
Name
Its
'Attest
Approved
as to f:orm•
•.General Counsel to
Commission
Community Development Commission
-<:o. ~ o - s EX~?BIT B
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List of Exhibits
Exhibit "1" Legal Description of Lot 1, .Lot
2 , ...Lot' 3'- and Lot 4
Exhibit "2" Agreement
Exhibit "3A" Evidence of MOPA's~Financial
Condition
Exhibit "3B" Evidence of Loks' Financial
Conditions
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Community Development Commission
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4redev..pro
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