HomeMy WebLinkAboutStaff Report 4.A 05/21/2018DATE: May 21, 2018
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Eric W. Danly, City Attorney
SUBJECT: Introduction of an Ordinance Authorizing Assignment of Lease of Boys and Girls
Club Facilities at Lucchesi Park to the Boys and Girls Clubs of Central Sonoma
County
RECOMMENDATION
It is recommended that the City Council introduce the attached Ordinance Authorizing
Amendment, Assignment and Assumption of the Lease of the Boys and Girls Club Facilities at
203 Maria Drive on Lucchesi Park by the Boys and Girls Clubs of Central Sonoma County.
BACKGROUND
On September 17, 1990, a staff report and ordinance were presented to the City Council to
permit the Council to authorize lease of a one -acre portion of Lucchesi Park to the Petaluma
Boys and Girls Club for construction of a club facility. According to the staff report, the
Petaluma Boys and Girls Club initially approached the City Council in July of 1986 to request
assistance from the City and local school district to provide a parcel of land on the East side of
Petaluma for construction of a 25,000 -square foot building to serve the East Petaluma area.
On September 8, 1987, the City Council agreed to lease a portion of Lucchesi Park at 203 Maria
Drive to the Boys and Girls Club, and at the February 6, 1989 City Council meeting, the Council
formally approved an option to lease approximately one acre of Lucchesi Park for construction
of a club facility. Subsequently, the City and the Boys and Girls Club negotiated lease terms,
which were reflected in the September 17, 1990 action item for the City Council. The lease term
was set forth as the maximum that could be granted consistent with the City's charter: a 50 -year
initial term commencing on March 1, 1991, with an option to extend the lease by an additional
25 -year term, unless the lease was earlier terminated in accordance with its terms. Under the
lease, the Boys and Girls Club was granted a right of first refusal to purchase the leased land
during the lease term.
The City Council introduced ordinance 1825 N.C.S. approving the Boys and Girls Club lease on
September 17, 1990, and adopted the ordinance October 1,. 1990. The Ordinance took effect 30
days later on October 31, 1990.
Following approval of the Boys and Girls Club lease, the City Council later adopted on July 1,
1991 Resolution 91-194 N.C.S. approving an amendment to the Boys and Girls Club lease to
permit mortgaging or otherwise encumbering the lease as a lender may require for purposes of
financing the improvements to be constructed on the leased property. Following the 1991 lease
amendment the Petaluma Boys and Girls Club was succeeded by a different corporate entity,
Boys and Girls Clubs of Marin and Southern Sonoma Counties, corporation number CO249360.
DISCUSSION
Boys and Girls Clubs have been serving communities in Sonoma County for over 50 years. Until
recently, local Sonoma County Boys and Girls Clubs have operated independently of the larger
county-wide organization, Boys and Girls Clubs of Central Sonoma County, corporation number
C1825660.
The Girls Clubs of Central Sonoma County began operating clubs in Petaluma in August of 2017
at the request of Boys and Girls Clubs of Marin and Southern Sonoma County. The latter had
begun to have financial challenges and wanted to ensure that club services would remain in
Petaluma. The Central Sonoma County Boys and Girls Club organization now operates clubs at
McKinley and McDowell Schools, Burbank and Eden Housing communities as well as the
location at 203 Maria Drive on Lucchesi Park subject to the City lease. The improvements at 203
Maria Drive were built by on the leased City land in 1990.
The Boys and Girls Clubs serve thousands of Petaluma young people year-round. Clubs operate
every day afterschool, run summer camps and athletic leagues. Services include academic
support, health and life skills, character building programs, arts, technology, teen centers and
healthy meal services. Sports leagues include basketball, volleyball, baseball, soccer, and flag
football. The clubs serve the whole community with an emphasis on those who cannot pay the
market rate for youth programming.
The Boys and Girls Clubs of Central Sonoma County have 39 locations with a budget of $10
million. The clubs comprising Boys and Girls Clubs of Central Sonoma County together offer
over 150 enrichment programs annually to over 7,000 young people. The board of the Boys and
Girls Clubs of Marin and Southern Sonoma Counties has wanted resources to be better utilized,
and thus far consolidation of operations has eliminated over $500,000 in management overhead,
allowing funds raised in Petaluma to directly benefit youth through programming. Since August,
the Petaluma clubs have been operating in the black and have sound financial projections going
forward.
Boys and Girls Clubs of Marin and Southern Sonoma Counties and Boys and Girls Clubs of
Central Sonoma County mish to transfer the lease at 203 Maria Drive on Lucchesi Park to Boys
and Girls Clubs of Central Sonoma County to ensure the Boys and Girls Club programs
continue. The attached ordinance and lease amendment have been prepared to transfer the lease
to 203 Maria Drive to the Boys and Girls Clubs of Central Sonoma County consistent with City
Charter requirements.
FINANCIAL IMPACTS
The only costs to the City of the lease transfer are the staff time involved in readying the
transaction for Council approval and related implementation.
ATTACHMENTS
1. Ordinance authorizing amendment, assignment and assumption of the lease of the Boys
and Girls Club facilities at 203 Maria Drive on Lucchesi Park by the Boys and Girls
Clubs of Central Sonoma County
2. Exhibit A to the ordinance amending the Boys and Girls Club lease.
3. Staff report and Ordinance 1825 N.C.S. approving the original Boys and Girls Club lease,
and the original Boys and Girls Club Lease
4. Staff report and Resolution 91-194 N.C.S. approving amendment to Boys and Girls Club
lease, and amendment to the Boys and Girls Club lease
3
ORDINANCE NO.
N.C.S.
Attachment 1
Introduced by Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
AUTHORIZING AMENDMENT, ASSIGNMENT AND ASSUMPTION OF
THE LEASE OF THE BOYS AND GIRLS CLUB FACILITIES AT 203
MARIA DRIVE ON LUCCHESI PARK BY THE BOYS AND GIRLS
CLUBS OF CENTRAL SONOMA COUNTY AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY ALL
DOCUMENTS RELATING TO THE LEASE AMENDMENT
WHEREAS, on September 17, 1990, a staff report and ordinance were presented to the
City Council to permit the Council to authorize lease of a one -acre portion of Lucchesi Park at
203 Maria Drive to the Petaluma Boys and Girls Club for construction of a 25,000 -square foot
club facility to serve the East Petaluma area; and
WHEREAS, the City Council introduced ordinance 1825 N.C.S. approving the Boys
and Girls Club lease on September 17, 1990, and adopted the ordinance October 1, 1990, with
the ordinance taking effect 30 days later, on October 31, 1990 authorizing a lease of
approximately one acre of Lucchesi Park at 203 Maria Drive for construction of a club facility
for a 50 -year initial term commencing on March 1, 1991, with an option to extend the lease by
an additional 25 -year term; and
WHEREAS, following approval of the Boys and Girls Club lease, the City Council on
July 1, 1991 adopted Resolution 91-194 N.C.S. approving a lease amendment to permit the
Boys and Girls Club to mortgage or otherwise encumber the lease as a lender may require for
purposes of financing the improvements to be constructed on the property; and
WHEREAS, following the 1991 lease amendment the Petaluma Boys and Girls Club
was succeeded by a different corporate entity, Boys and Girls Clubs of Marin and Southern
Sonoma Counties, corporation number CO249360; and
4
WHEREAS, Boys and Girls Clubs have been serving communities in Sonoma County
for over 50 years, and, until recently, local Sonoma County Boys and Girls Clubs have operated
independently of the larger county -wide organization, Boys and Girls Clubs of Central Sonoma
County; and
WHEREAS, Boys and Girls Clubs of Central Sonoma County began operating clubs in
Petaluma in August of 2017 at the request of Boys and Girls Clubs of Marin and Southern
Sonoma County; and
WHEREAS, the Central Sonoma County Boys and Girls Club organization now
operates clubs at McKinley and McDowell Schools, Burbank and Eden Housing communities
as well as the location at 203 Maria Drive on Lucchesi Park subject to the City lease; and
WHEREAS, the Boys and Girls Clubs of Marin and Southern Sonoma Counties and
Boys and Girls Clubs of Central Sonoma County have indicated a desire to transfer the lease on
Lucchesi Park at 203 Maria Drive to the Boys and Girls Clubs of Central Sonoma County to
ensure that the Boys and Girls Club programs continue; and
WHEREAS, Section 46 of the Petaluma City Charter provides that certain City Council
actions must be taken by ordinance, including certain actions for acquisition, sale or lease of real
property;
NOW, THEREFORE, be it ordained by the council of the City of Petaluma as follows:
SECTION 1: The City Manager is hereby authorized and directed to execute all
documents relating to amendment, assignment and assumption of the lease at 203 Maria Drive
on Lucchesi Park by the Boys and Girls Clubs of Central Sonoma County, corporation no.
C1825660, including a lease amendment substantially in accordance with that attached as
Exhibit A to this ordinance, and/or revised versions of such documents and/or additional
documents as may be recommended and approved by the City Attorney to accomplish the
amendment, assignment and assumption of the lease at 203 Maria Drive on Lucchesi Park by the
Boys and Girls Clubs of Central Sonoma County.
SECTION 2: If any part of this Ordinance is for any reason held to be unconstitutional,
unlawful or otherwise invalid by a court of competent jurisdiction, such decision will not affect
the validity of the remaining parts of this Ordinance. The City Council of the City of Petaluma
hereby declares that it would have passed and adopted this Ordinance and each of its provisions
irrespective of any part being held invalid.
Wi
SECTION 3: The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the CEQA Guidelines
because the activity has no potential for resulting in a direct or reasonably foreseeable indirect
physical change in the environment, and pursuant to Section 15060(c)(3) of the CEQA
Guidelines because the activity is not a project as defined in Section 15378) of the CEQA
Guidelines.
SECTION 4: This Ordinance will become effective thirty days after the date of its
adoption by the Petaluma City Council.
SECTION 5: The City Clerk is hereby directed to post and/or publish this Ordinance or
a synopsis for the period and in the manner required by the City Charter.
INTRODUCED and ordered posted/published this
ADOPTED this day of
AYES:
NOES:
ABSENT:
ATTEST:
Claire Cooper, City Clerk
0
day of
2018 by the following vote:
David Glass, Mayor
APPROVED AS TO FORM:
Eric Danly, City Attorney
2018.
Attachment 2
Attachment 2 - Exhibit A to Ordinance N.C.S.
Second Amendment to Lease Agreement
for Property at 203 Maria Drive on Lucchesi Park
THIS SECOND AMENDMENT ("Second Amendment") to the Lease Agreement,
("Lease") for City -owned property located at 203 Maria Drive on Lucchesi Park in Petaluma,
California, is entered this day of , 2018, by and between the City of Petaluma
("City"), a California Municipal Corporation and Charter City, and Boys and Girls Clubs of
Central Sonoma County, Corporation number C1825660, ("Assignee") as successor to Boys
and Girls Clubs of Marin and Southern Sonoma County, Corporation number CO249360.
WHEREAS, on September 17, 1990, a staff report and ordinance were presented to the
City Council to permit the Council to authorize lease of a one -acre portion of Lucchesi Park at
203 Maria Drive ("Property") to the Petaluma Boys and Girls Club ("Lessee") for construction
of a 25,000 -square foot club facility to serve the East Petaluma area; and
WHEREAS, the City Council introduced ordinance 1825 N.C.S. approving the Lease
on September 17, 1990, and adopted the ordinance October 1, 1990, with the ordinance taking
effect 30 days later, on October 31, 1990 authorizing a lease of the Property for construction of
a club facility for a 50 -year initial term commencing on March 1, 1991, with an option to extend
the Lease by an additional 25 -year term; and
WHEREAS, following approval of the Lease, the City Council on July 1, 1991 adopted
Resolution 91-194 N.C.S. approving the first amendment to the Lease ("First Amendment") to
permit the Lessee to mortgage or otherwise encumber the Lease as a lender may require for
purposes of financing the improvements to be constructed on the Property; and
WHEREAS, following the First Amendment the Lessee was succeeded by a different
corporate entity, Boys and Girls Clubs of Marin and Southern Sonoma Counties, corporation
number CO249360, as Lessee; and
WHEREAS, Boys and Girls Clubs have been serving communities in Sonoma County
for over 50 years, and, until recently, local Sonoma County Boys and Girls Clubs have operated
independently of the larger county -wide organization, the Assignee; and
WHEREAS, Assignee began operating clubs in Petaluma in August of 2017 at the
request of the Lessee; and
WHEREAS, Assignee now operates clubs at McKinley and McDowell Schools,
Burbank and Eden Housing communities as well as the Property subject to the Lease; and
h
WHEREAS, the Lessee and Assignee have indicated a desire to transfer the Lease on
the Property to Assignee to ensure that the Boys and Girls Club programs continue; and
WHEREAS, Section 46 of the Petaluma City Charter provides that certain City Council
actions must be taken by ordinance, including certain actions for acquisition, sale or lease of real
property;
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
in this Second Amendment, and for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Assignee (together, the "Parties") hereby agree as follows:
1. Parties. The Lease is hereby amended to substitute the Assignee for
references to the Petaluma Boys and Girls Club.
2. Notice. Notice shall be given to the Assignee as follows:
Boys and Girls Club of Central Sonoma County
3. No Other Changes. Except as modified above, the Lease remains unchanged
and continues in full force and effect.
IN WITNESS WHEREOF, authorized representatives of the Parties have executed this
Second Amendment as of the day and year first written above.
City of Petaluma Boys and Girls Clubs of Central Sonoma County
By By
John C. Brown Jennifer Weiss
City Manager Executive Director
Approved as to form
By
Eric W. Danly
City Attorney
Attest
By
Claire Cooper
City Clerk
8
Attachment 3
SEN Pi 1990 17
AGENDA ITEM: Ordinance authorizing Lease Agreement with
the Boys and Girls Club
KEY WORD: Boys and Girls Club Lease Agreement
DATE: September 17, 1990
DEPARTMENT: Parks and Recreation
REOUESTED COUNCIL ACTION: To approve an ordinance authorizing a lease of a one(1) acre
portion of Lucchesi Park to the Petaluma Boys and Girls Club, for the construction of a Club
facility'.
RECOMMENDATION:. Staff recommends that the City Council approve the odinance authorizing
the lease.
BACKGROUND: The Boys and Girls Club initially approached the, City Council in July of 1986.
Club representatives requested assistance from the City and local School District, to provide a
parcel of land on the East side of Petaluma, in order to construct a 25,000 square foot building, to
serve the East Petaluma Area.
The City Council on September 8, 1987 agreed to lease a portion of Lucchesi Park to the Boys and
Girls Club.
At the Council meeting of February 6, 1989, the City Council formally approved an option to lease
apprximately one (1) acre at Lucchesi Park for the construction of a club facility. Since that
period of time, representatives of the Boys and Girls Club, and the City, have negotiated the terms
of the lease. The final draft approved by both parties is presented to the City Council for
approval.
The only point -of concern, on the part of the Club, involved the length of the lease. The
agreement calls for the Club to own the building, but the City retains ownership of the land. As
provided by the City charter, (Article M Franchises), the maximum lease of City property may be
for 50 years, with a 25 year option. Once Club officials realized the provisions of the City Charter,
they realized that City could possibly sell them the property at some future date, but otherwise,
the City retains ownership.
ALTERNATIVES: A) Not lease the property.
Since there is a demonstrated. need for an East side Boys and Girls Club facility, Club
representatives would need to find another site. Possible sources would include another City
owned parcel, a privately owned parcel or a parcel owned by a School District.
CONSEQUENCES OF NOT ACTING: No lease agreement would be signed, requiring the Boys
and Girls Club representatives to renegotiate with the City or find another site. In either case, the
fundraising efforts which are so critical to the construction project could be adversely affected.
ACTION FOLLOWING AUTHORIZATION: The lease agreement would be signed by either the
Mayor or the City Manager.
#19:b&gclub
EFFECTIVE OAT�i.._
' OF ORDINANCE �
2 0 CT 3 1 1990
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12 ORDINANCE NO. 1825 N.C.S.
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14 Introduced by Councilman Seconded by Councilman
15
16 John Balshaw Michael Davis
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18 AN ORDINANCE AUTHORIZING A GROUND LEASE OF REAL PROPERTY LOCATED AT
19 LUCCHESI PARK TO THE PETALUMA BOYS AND GIRLS CLUB
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21
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23 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
24
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26 Section I. That the portion of Lucchesi Park approximately one
27
28 (1) acre in size with the following boundaries:
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30 Northeast, Maria Drive; Southeast, fence line; Southwest, twenty
31
32 five (25) feet from tennis courts'; Northwest, one hundred eighty
33
34 (180) feet from fence line (see exhibit "A"), is hereby
35
36 authorized to be leased under the terms and conditions set
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38 forth in the Ground Lease.by and between the City of Petaluma and
39
40 the Petaluma Boys and Girls Club, which Ground Lease is attached
41
42 hereto as exhibit "B" and incorporated herein by reference.
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45 Section II. The City Clerk be, and she is hereby directed to
46
47 publish/post this ordinance for the period and in the manner as
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49 required by the City Charter.
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Ord. 1825 N.C.S.
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INTRODUCED and ordered Posted/Published this _17th day of
September 1990.
ADOPTED this 1st day of Ogtober , 1990, by the
following vote:
AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: None
ABSENT: None
ABSTAIN:
MA OR
ATTEST: APPROVED AS TO FORM:
City Clerk, City Attorney
#19:ordb&gclb
IE
ATTACHMENT A
LEASE AGREEMENT
THIS Lease Agreement is entered into this 17th day of
September , 1990, by and between the City of Petaluma,
hereinafter referred to as "City" and the Petaluma Boys and Girls
Club, a California non-profit corporation, hereinafter referred
to as "Club."
WHEREAS, Club desires to fund the construction of a building
which is to be known as the Boys and Girls Club;
and
WHEREAS,. the building will become the property of the
Petaluma Boys and Girls Club.
NOW, THEREFORE, in consideration of the promises and mutual
covenants contained in this agreement, the parties hereby agree
as follows:
1. Premises. City leases to Club one acre (more or less)
in Lucchesi Park, Petaluma, California, as shown in Exhibit "A"
for the purpose of construction and operation -of a Boys and Girls
Club facility by Club. All land in Lucchesi Park adjoining Club
facility will be maintained by the City after the Club landscapes
park areas disturbed during construction. Club will maintain' -its
building and parking lot.
2. Rent. Club shall pay annual rent of One Dollar ($1.00)
payable March 1st of each year. Club will use its own funds to
cons+.ruct facility.
3. Term. The term of this Lease Agreement shall be for
fifty (50) years commencing on March 1, 1991, with an option to
extend the lease an additional twenty-five (25) years, unless
terminated as provided herein. The Club shall have first right
of refusal to purchase the land during the term of this lease.
1
12
1 ATTACHMENT A
2 If the City receives an offer to purchase land it is willing to
3 accept, City will give written notice to Club spelling out terms
4 of the offer in detail. Club shall have sixty (60) days to
5 advise of its intent to exercise its right of first refusal.
6 This Lease Agreement is revocable only by mutual written consent
7 of City and Club. In the event that Club fails to initiate
8 construction within five (5) years from the date of this
9 agreement or its construction is not completed as evidenced by a
0 notice of completion approved by the City Council within seven
1 (7) years of the date of this agreement, this agreement shall be
2 null and void. Should Club not be able to continue the
3 operations of their facility as a Boys and Girls Club for the
4 duration of this lease, the facility shall become the property of
5 the City at that time without reimbursement to Club for the cost
6 of the construction of the facility.
4. Compliance. Club agrees to fully comply with' all
local, city, state and federal laws, regulations and ordinances
governing use of the land and their facility.
5. Indemnification. Club shall indemnify, save, hold
harmless and defend the City, its officers, employees and agents
from and against all losses and claims, demands, suits, actions,
payments, and judgments, including attorneys' fees and expert
witness fees, arising out of or in connection with Club's
operation and/or use of the land.
City shall indemnify, save, hold harmless and defend
Club, its officers, employees and agents from and against all
losses and all claims, •demands, suits, actions, payments, and
judgments, including attorneys' fees and expert witness fees,
arising out of or in connection with any City use of the Club's
facility.
6. Insurance. Club, at its own cost and expense, shall
procure and maintain for the duration of this agreement insurance
K
13
I ATTACHMENT A
2 against claims for injuries to persons or damages to property
3 which may arise from or, in connection with Club's use of the
4 land. The cost of such insurance shall be borne by Club and
5 shall have combined single limits of not less than One Million
6. Dollars ($1,000,000.00).
7
8 Club shall provide the City with a Certificate of
9 Insurance, which Certificate of Insurance shall name the City of
10 Petaluma as an additional insured.
11
12 7. Attorney s Fees. In .the event either party hereto
13 shall commence any legal action. arising out of this agreement or
14 the performance thereof, the party prevailing in said action or
15 proceeding shall be entitled to recover, in addition to its court
16 costs, reasonable attorneys' fees to be fixed by the Court.
17
18 8. Notice. All notices required or permitted by this
19 agreement, including notice of change of address, shall be in
20 writing and given by personal delivery or sent by United States
21 mail, postage prepaid, and addressed to the parties intended to
22 be notified. Notice shall be deemed to be given as of the date
23 of delivery in person or as of the date when deposited in any
24 post office or any post office box regularly maintained by the
25 United States Government.
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27 9. Sublease. Club shall not sublease the premises without
28 prior written consent of -the City.
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31 Notice shall be given as follows:
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33 City: city clerk
34 City,of Petaluma
35 Post Office Box 61
36 Petaluma, California 94953.
37
38 Club: Petaluma Boys and Girls Club
39 426 Eighth Street
40 Petaluma, California 94952
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42
q
14
1 ATTACHMENT A
2 This agreement constitutes the entire understanding between
3 the parties'hereto as of its effective date.
4
5 IN WITNESS WHEREOF, the parties have•executed this agreement
6 as of the day and year first above written.
Ci o �e aluma Petaluma Boys an�'Girls, Club
y�r
iyty R dhi ager Name and Title
City Attorney
'71-nance Director
Ri Manage
ATTEST:
Patricia E. Bernard, City Clerk
c:JClease
4
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Attachment 4
JUL �y�1
1 AGENDA ITEM #
2
KEY WORD: Boys & Girls Club
DATE:— July 1,-1991
DEPARTMENT:
City Manager
REQUEST COUNCIL ACTION:
Adopt resolution amending the lease agreement with the Petaluma Boys and Girls
Club.
RECOMMENDATION:
Approve the request of the Petaluma Boys & Girls Club to amend the lease to
provide a new section requested by lenders.
BACKGROUND:
The City of Petaluma entered into a ground lease with the Petaluma Boys & Girls
Club for a new facility in Luchessi Park. A "Lenders" section was not included.
We have found, through our experiences in ground leasing at the airport, that such
a section must be included to make the lease "bankable."
ALTERNATIVES:
Leave the lease as is.
CONSEQUENCES OF NOT ACTING:
Lenders will not assist the Petaluma Boys & Girls Club in their construction needs..
ACTION FOLLOWING AUTHORIZATION:
Execute the amendment.
16
0
N
Resolution No. 91-194 N.C.S.
of ttie City of Petaklina. California
1
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
5 PETALUMA AMENDING THE LEASE AGREEMENT BETWEEN THE
6 CITY OF PETALUMA AND THE PETALUMA BOYS AND GIRLS CLUB
7
8
9 WHEREAS, the City Council of the City of Petaluma authorized a ground lease of
10 real property to the Petaluma Boys and Girls Club on September 17,1990; and
11
12 WHEREAS, the City of Petaluma and the Petaluma Boys and Girls Club, a
13 California non-profit corporation entered a lease agreement on or about September 17,
14 1990, a true and correct copy of which is attached hereto and marked as Exhibit A; and
15
16 WHEREAS, the Petaluma Boys and Girls Club has requested amendment to the
17 lease to provide a new section requested by lenders which would assist the Petaluma Boys
18 and Girls Club in their construction needs..
Ai
20 NOW, HEREBY BE IT RESOLVED that the City Manager is authorized to sign
21 an amendment to the lease, a true and correct copy of which is attached hereto and
22 marked as Exhibit B.
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28 c:\w6rd5\reso.doc
29 fmk\6 /26 /91
Under the power and authority conferxed neon this Council by the Charter of said Ciiy.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the App ooedd as to
Council of the City of Petaluma at a (Regular) meeting frm
on the .1S1..._ ............. day of ..........J..Uly...... .... .......... ....... .......... 19.11., by the
following vote: .........Cit
..............
y Attorney
AYES: Davis, Cavanagh, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: U
ABSENT: Sobe TA1N: Read
r
ATTEST: ... . . .. .. .... . ..... . . . ... .......... . . . .. . ........
City Clerk
CA 10.89
oounca
Res.Na....�.�� �.+4......... N.C.S.
AGENDA rMM # A P 1
KEY WORD:_ Petaluma Boys & Girls
Club
DATE: April 1, 1991
DEPARTMENT:
City Manager
REQUEST COUNCIL ACTION:
Attached is a listing of the development fees estimated for the new Petaluma Bog!
and Girls Club facility in Lucchesi Park for which a waiver has been requested by
Dan Liibarle, Co -Chair of the Capital Campaign.
.. 0 - tRAECOURR
Staff would recommend the Storm Drainage Impact Fee and Community Facilities
Development Fee be waived if the Council wishes to waive any of the fees.
BACKGROUND:
See attached.
ALTERNATIVES:
Charge full fees
ACTpON FOLLOWING AUTHORIZATION:
18
WHEREAS, the City Council of the City of Petaluma authorized a ground lease of
real property to the Petaluma Boys and Girls Club on September 17,1990; and
WHEREAS, the City of Petaluma (hereinafter referred to as "City") and the
Petaluma Boys and Girls Club, a California non-profit corporation (hereinafter referred to
as "Club") entered a lease agreement on or about September 17, 1990, a true and correct
copy of which is attached hereto and marked as Exhibit A; and
WHEREAS, Club has requested amendment to the lease to provide a new section
requested by lenders which would assist the Club in their construction needs.
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained in the original lease and this amendment, the parties hereby agree that the lease
attached hereto and marked as Exhibit A shall be amended to add the following:
"10. LENDER
Notwithstanding anything to the contrary contained in this lease, it is
understood and agreed that Lessee may, without the consent of
Lessor, assign, transfer, mortgage or encumber Lessee's interest under
this lease and leasehold estate created, to a lender on the security of
the leasehold estate for the sole purpose of providing security for the
repayment of a loan or loans made and used to finance the
construction of substantial improvements by Lessee upon the leased
premises and Lessee may execute any and all instruments in
connection therewith necessary and proper to complete any such loan
and perfect the security therefor as may be required by such lender.
Any such lender shall have the right at any time during the term
hereof and while this lease is in frill force and effect;
(a) . To do any act or thing required of Lessee hereunder and all
such acts or things done hereunder shall be as effective to
prevent a forfeiture of Lessee's rights hereunder as if done by
Lessee;
1
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(b) To realize on the security of the leasehold estate and to
acquire and succeed to the interest of the Lessee hereunder by
foreclosure or by a deed of assignment given in lieu of
foreclosure and thereafter at such lender's option to convey or
assign the interest or title to this leasehold estate to any other
person subject to the term, conditions and covenants of this
lease; and
(c) To cure, within sixty (60) days after notice of default by Lessee
under the terms of this lease.
A copy of any security devices or other instruments shall be filed with
Lessor prior to the effective date thereof and the Lessee shall give
Lessor prior written notice of changes thereto.
IN WITNW WHEREOF, the parties have executed this agreement as of the
day of � ,1991.
City of Peta)pio Petaluma Boys & Girls Club
APPR
By—
ame and Title
APPROVED:
Recreation Director Rikk Manager
OVED:
2 '
'rwaud Officer
2
20
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