HomeMy WebLinkAboutOrdinance 2739 N.C.S. 07/20/20201
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EFFECTIVE DATE
OF ORDINANCE
August 20, 2020
Introduced by
D' Lynda Fischer
Seconded by
Gabe Kearney
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AUTHORIZING
A LEASE AGREEMENT, BETWEEN VETERAN'S RESOURCE CENTERS OF AMERICA (VRCA), A
CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION ("TENANT") AND THE CITY
OF PETALUMA ("LANDLORD") FOR A PORTION OF IMPROVED REAL PROPERTY
(APN 006-423-033) ("PREMISE"), 3 ROCCA DRIVE, PETALUMA, CA,
AUTHORIZING A LEASE AGREEMENT, BETWEEN PETALUMA PEOPLE SERVICES CENTER
(PPSC) A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION ("TENANT") AND THE CITY OF
PETALUMA "(LANDLORD") FOR A PORTION OF IMPROVED REAL PROPERTY (APN: 008-044-010)
("PREMISE"), 25 HOWARD STREET, PETALUMA, CA.
AUTHORIZING A LEASE AGREEMENT, BETWEEN PETALUMA PEOPLE SERVICES CENTER (PPSC)
A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION ("TENANT") AND THE CITY OF
PETALUMA "(LANDLORD") FOR A PORTION OF IMPROVED REAL PROPERTY
(APN: 136-111-022) ("PREMISE"), 211 NOVACK DRIVE, PETALUMA, CA.
AUTHORIZING A LEASE AGREEMENT, BETWEEN PETALUMA PEOPLE SERVICES CENTER (PPSC)
A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION ("TENANT") AND THE CITY OF
PETALUMA "(LANDLORD") FOR A PORTION OF IMPROVED REAL PROPERTY
(APN: 019-210-012) ("PREMISE"), 1500 PETALUMA BOULEVARD SOUTH, PETALUMA, CA.
AUTHORIZING A LEASE AGREEMENT, BETWEEN COMMITTEE ON THE SHELTERLESS (COTS) A
CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION ("TENANT") AND THE CITY OF
PETALUMA "(LANDLORD") FOR A PORTION OF IMPROVED REAL PROPERTY
(APN: 019-210-012) ("PREMISE"), 1500 PETALUMA BOULEVARD SOUTH, PETALUMA, CA.
AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY
TO COMPLETE THE LEASE TRANSACTIONS
WHEREAS, Section 46 of the Charter of the City of Petaluma requires that specified actions for
the acquisition, sale, or lease of real property be taken by Ordinance; and,
WHEREAS, Landlord owns in fee simple real property located at 3 Rocca Drive, Petaluma, CA
(Assessor's Parcel Number: 006-423-033), which has been improved with a building ("Property"); and
Ordinance No. 2739 N.C.S.
Page 1
1 WHEREAS, Landlord owns in fee simple real property located at 25 Howard Street, Petaluma,
2 CA (Assessor's Parcel Number: 008-044-010), which has been improved with a building ("Property");
3 and
4 WHEREAS, Landlord owns in fee simple real property located at 211 Novak Drive, Petaluma,
5 CA (Assessor's Parcel Number: 136-111-022), which has been improved with a building ("Property");
6 and
7 WHEREAS, Landlord owns in fee simple real property located at 3 Rocca Drive, Petaluma, CA
8 (Assessor's Parcel Number: 019-210-012), which has been improved with a building ("Property"); and
9 WHEREAS, currently, Tenants provide essential housing, social and human services to the low
10 income community members; and
11 WHEREAS, Tenants desire to offer housing, social and human services to the low income
12 community members; and the Landlord desires to provide a location at which the Tenant may offer
13 such services, subject to the terms and conditions of the lease attached to and made a part of this
14 ordinance as Exhibit A; and
15 WHEREAS, Pursuant to the requirements of the California Environmental Quality Act (CEQA),
16 Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines), sections 15061, 15301,
17 the action qualifies for a categorical exemption because it involves operation, repair, maintenance,
18 permitting, leasing, licensing and minor alteration of an existing facility involving negligible or no
19 expansion of use beyond that existing at the time of the City's determination. The City Council finds
20 this action qualifies for categorical exemption under the California Environmental Quality Act
21 (CEQA) pursuant to Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines),
22 sections 15061, 15301 because the project involves operation, repair, maintenance, permitting,
23 leasing, licensing and minor alteration of an existing facility involving negligible or no expansion of
24 use beyond that existing at the time of the City's determination, in that leasing to Vietnam Veterans
25 Resource Center 3 Rocha Drive as a Housing Program for Previously Homeless Veterans, leasing to
26 PPSC , 25 Howard Street as a Senior Center offering services, 211 Novak Drive as a Home Delivered
27 Meals and Senior Caf6 Program and 1500 Petaluma Boulevard South as a community service
28 center, and COTS leasing 1500 Petaluma Boulevard South providing services to families experiencing
29 homelessness.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
32
33 Section 1: The above recitals are true and correct and incorporated into this ordinance
34 as findings of the City Council.
35
36 Section 2: The City Council approves the lease agreements, between the City of
37 Petaluma as Landlord, and VRCA, PPSC, COTS as Tenants for the listed associated property, a copy
38 of which is attached as Exhibit A.
39
40 Section 3: On behalf of the City, the City Manager is authorized and directed to
41 execute documents substantially in accordance with Exhibit A, as determined by the City Attorney,
42 and all other documents reasonably necessary to complete the lease transactions.
43
44 Section 4: If any section, subsection, sentence, clause, phrase or work of this Ordinance
45 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
46 jurisdiction or preempted by State legislation, such decision or legislation shall not affect the validity
47 of the remaining portions of this Ordinance. The City Council of the City of Petaluma hereby
48 declares that it would have passed and adopted this Ordinance and each and all provisions
Ordinance No. 2739 N.C.S. Page 2
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thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional,
unlawful other otherwise invalid.
Section 5: This Ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 6: The City Clerk is hereby directed to publish or post this Ordinance or a synopsis
for the period and in the manner provided by the City Charter and any other applicable law.
INTRODUCED and ordered posted this 6th day of July 2020.
ADOPTED this 20th day of July 2020 by the following vote:
Ayes: Mayor Barrett, Vice Mayor Fischer, Healy, Kearney, King
Noes:
None
Abstain:
None
Absent:
McDonnell, Miller
ATTEST:
Claire Cooper, CMC, City Clerk
Teresa Barrett, Mayor
APPROVED AS TO FORM:
Eric Danly, City Attorney
Ordinance No. 2739 N.C.S.
Page 3
1
2
LEASE
Exhibit A
3 This Commercial Lease Agreement (the "Lease"") is entered into as of
4 2020, by and between the City of Petaluma, a California charter city ("Landlord") and
5 a California nonprofit public benefit corporation ("Tenant"). Landlord and Tenant are hereinafter
6 referred to individually as "Party" and collectively as "Parties."
7
RECITALS
8 A. Landlord owns in fee simple real property located at , Petaluma, CA
9 (Assessor's Parcel Number: (XXX -XX -XXX), which has been improved with a building
10 ("Property").
11 B. Landlord and Tenant previously entered into a lease dated in which
12 Landlord leased the Property to the Tenant for tenant to offer
13 C. The current lease has expired, and all options to renew the lease have been exercised
14 by Tenant.
15 D. Tenant desires to continue to offer and the
16 Landlord desires to provide a location at which the Tenant may offer such services, subject to the
17 terms and conditions herein.
18 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
19 which are hereby acknowledged, the Parties agree as follows:
20 1. PREMISES: Landlord hereby leases the Property to Tenant in accordance with this
21 provision, including both improved and unimproved areas of the Property, driveways, parking
22 facilities, and pedestrian and vehicular ingress, egress and travel ways , (the "Premises"), all as
23 depicted in Exhibit A attached hereto in accordance with the provisions of this Lease. The Premises
24 includes. . Tenant's obligations regarding the Premises
25 pursuant to this Lease, including, but not limited to, Tenant's use, maintenance and repair, indemnity
26 and insurance obligations, apply to the entire Premises
27 2. TERM: The term of this Lease shall commence on , 2020
28 ("Commencement Date") and continue through , 2025, unless terminated sooner in
29 accordance with the provisions of this Lease (the "Rental Period"). The Parties agree to execute and
30 record a Memorandum of this Lease in the official records of Sonoma County.
31 3. RENT: In consideration of the fact that is providing
32 valuable community service, Tenant shall pay annual rent for the period in the sum of $. per
33 year for the use and occupancy of the Premises, due as of the Commencement Date and each
34 anniversary thereof.
35 4. TRIPLE NET LEASE: This is a triple net lease to Landlord. It is the intent of the
36 Parties that the Rent shall be an absolutely net return to Landlord. Tenant shall pay all costs and
37 expenses relating to Tenant's occupancy of the Premises of any kind or nature whatsoever. Such
Ordinance No. 2739 N.C.S. Page 4
1 costs and expenses include, without limitation, all amounts attributable to, paid or incurred in
2 connection with Tenant's operation, repair, maintenance (whether interior or exterior) and
3 management of the Premises; all taxes and assessments; insurance premiums; security; janitorial
4 services; labor; costs of licenses, permits and inspections; and all other costs and expenses incurred
5 or paid by Tenant with respect to the Premises.
6 5. USE: The premises shall be used as No
7 other use may be conducted on the Premises other than the Use. Landlord may treat
8 any other use of the Premises by Lessee as an Event of Default, as defined in section
9 20. Permission granted for the Use in this Lease does not constitute regulatory
10 approval, and to the extent that such Use is subject to any regulatory approval or
11 permit, such Use shall not commence until any and all applicable regulatory
12 approvals and/or permits have been granted.
13 6. COMPLIANCE WITH LAWS. Tenant shall procure and maintain all governmental
14 approvals, permits and licenses required for the lawful conduct of Tenant's permitted use of the
15 Premises and shall comply with all state, federal and local laws, rules and regulations in connection
16 with its use and occupancy of the Premises. Landlord may treat Tenant's failure to comply with
17 such state, federal and local laws as an Event of Default.
18 7. UTILITIES AND SERVICES: Tenant shall pay when due all charges or assessments
19 for telephone, water sewer, gas, heat, electricity, garbage disposal, trash disposal and all other
20 utilities and services that are supplied to the Premises.
21 8. MAINTENANCE AND REPAIR: Tenant shall maintain the Premises in a clean and
22 sanitary condition. Landlord shall have no obligation to make repairs to or perform maintenance of
23 the Premises. Without limiting the provisions in Section 4 of this Lease, Tenant shall pay all costs
24 and expenses attributable to or incurred in connection with Tenant's use and occupancy of the
25 Premises, including janitorial and landscape maintenance services. In the event that Tenant fails to
26 maintain or keep the Premises in good repair or if Tenant's acts or omissions result in a nuisance or
27 health or safety risk, at Landlord's option, Landlord may perform any such required maintenance
28 and repairs. Within ten (10) days of Tenant's receipt of Landlord's invoice therefore, Tenant shall
29 pay Landlord's costs incurred in connection with such repairs.
30 9. SECURITY: Tenant is responsible for providing its own security on the Premises as
31 Tenant deems necessary in its sole discretion.
32 10. STATUTORY NOTICE POSSESSORY INTEREST TAX TAXES AND
33 ASSESSMENTS: Throughout the Term, Tenant shall pay prior to delinquency, all applicable real
34 property taxes, possessory interest taxes, license and permit fees, sales, use or occupancy taxes,
35 assessments whether general or special, ordinary or extraordinary, foreseen or unforeseen, of any
36 kind or nature whatsoever pertaining to the Premises or a part thereof (collectively, "Impositions").
37 Specifically, Tenant is advised that under California Revenue and Taxation Code Section 107.6,
38 execution of this Lease may create a possessory interest for Tenant subject to property taxation.
39 Tenant hereby agrees that if such possessory interest is created and is subject to property taxation,
40 Tenant shall be solely responsible for the payment of any property taxes levied on any such interest.
41 Upon request by Landlord, Tenant shall furnish, in a form satisfactory to Landlord, evidence of
42 payment prior to delinquency of all Impositions paid by Tenant.
Ordinance No. 2739 N.C.S. Page 5
1 11. AS -IS CONDITION OF PREMISES: Tenant is leasing the Premises in its "AS IS"
2 condition as such condition exists as of the Commencement Date. By executing this Lease, Tenant
3 acknowledges that it has had the opportunity to inspect the Premises and accepts the Premises in the
4 AS IS condition.
5 12. FUTURE ALTERATIONS AND REPAIRS: Except as provided in this Section,
6 Tenant shall not make alterations to the Premises without the prior written consent of Landlord.
7 Landlord agrees that Tenant is entitled to make repairs as part of its normal maintenance and risk
8 management programs.
9 13. INDEMNITY: To the maximum extent permitted by law, Tenant shall indemnify,
10 defend (with counsel reasonably acceptable to Landlord) and hold Landlord, the City of Petaluma,
11 and its officials, officers, agents, employees, contractors, guests and invitees (collectively,
12 "Indemnitees") harmless from and against any and all claims, demands, liabilities, losses, damages,
13 expenses and causes of actions of any kind, including, but not limited to, attorneys' fees and costs of
14 suit ("Losses") arising out of or in connection with use, occupation, operation, improvement, repair
15 or management of the Premises; and/or failure to comply with any of Tenant's obligations contained
16 in this Lease; by Tenant or any of Tenant's officials, officers, employees, contractors, agents, or
17 volunteers, provided that Tenant shall not be obligated to indemnify, defend or hold the Indemnitees
18 harmless for Losses resulting from Indemnitees' sole or active negligence or willful misconduct.
19 Tenant's indemnity obligation in this provision shall survive the termination or expiration of this
20 Lease with respect to any Losses that occur during the Term.
21 14. INSURANCE REQUIREMENTS: During the term of this Lease, all extensions
22 thereof, hold -over periods or any other occupancy of the Premises by Tenant, Tenant shall maintain
23 at its sole cost and expense, the following insurance coverages: (i) Comprehensive General Liability
24 insurance issued by a carrier authorized to sell insurance in the State of California, written on an
25 occurrence basis, and providing coverage for bodily injury, death and property damage caused by or
26 occurring in connection with Tenant's use and occupancy of the Premises with a policy limit of at
27 least Two Million U.S. Dollars ($2,000,000) per occurrence; (ii) Workers' Compensation insurance
28 in compliance with the requirements of law; and (iii) property insurance providing coverage against
29 fire, casualty loss and damage to the Premises. Tenant shall provide Landlord with satisfactory
30 evidence of the foregoing insurance coverage prior to the commencement of the Term and, upon
31 Landlord's request, of its continuance in force throughout the Term. The foregoing insurance
32 policies shall be primary and noncontributing with respect to any policies issued to Landlord and
33 shall name Landlord as additional insureds and/or loss payees, as their interests may appear.
34 15. NONDISCRIMINATION: Tenant hereby covenants by and for itself and its
35 successors and assigns, and all persons claiming under or through it, and this Lease is made and
36 accepted upon and subject to the conditions that there shall be no discrimination against or
37 segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of Section
38 12955 of the Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision
39 (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government
40 Code, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Premises
41 nor shall Tenant or any person claiming under or through it establish or permit any such practice or
42 practices of discrimination or segregation with reference to the selection, location, number, use or
43 occupancy of tenants, subtenants or vendees in the Premises.
Ordinance No. 2739 N.C.S. Page 6
1 16. RIGHT OF ENTRY: To the maximum extent provided by law, Landlord shall have
2 the right to enter and to inspect the Premises to ensure compliance with this Lease at all reasonable
3 times during the tern of this Lease, provided that the Tenant is given at least 24 (twenty-four) notice
4 of any inspection. Notwithstanding the foregoing, in the event of an emergency, Landlord shall have
5 the right to enter, to inspect, and to undertake any repairs or take other action as necessary to
6 mitigate the emergency without notice. Tenant shall provide Landlord with a key to all Tenant -
7 furnished locks securing the Premises and/or Landlord shall retain a key to any Landlord -furnished
8 lock(s).
9 17. PREVAILING WAGE. This Lease shall be subject to the requirements
10 of the California Prevailing Wage Law, California Labor Code Section 1720 et seq.,
11 and to the extent applicable, Tenant shall comply with all applicable requirements of
12 the California Prevailing Wage Law, including, but not limited to, all applicable
13 requirements contained in Exhibit B, which is attached to and made a part of this
14 Agreement. Tenant's noncompliance with the applicable requirements of this section
15 shall constitute an Event of Default. Notwithstanding the foregoing, prior to
16 undertaking any improvement, alteration or maintenance, the Parties may agree in
17 writing that the proposed improvement, alternation or maintenance does not fall
18 within the definition of public works as defined in Labor Code section 1720, or
19 alternatively, is otherwise exempt from complying with Prevailing Wage Law.
20 18. SUBLETTING: Tenant shall not assign this Lease or sublet any portion of the
21 Premises without the prior written consent of Landlord.
22 19. DEFAULT: Tenant shall be in default of this Lease upon the occurrence of any of
23 the following ("Events of Default"): (i) the failure to pay any monetary obligation when due, (ii)
24 the failure to obtain and maintain insurance required by this Lease, (iii) the voluntary or involuntary
25 transfer of all or any portion of Tenant's interest in the Premises without Landlord's prior written
26 consent, or (iv) a default in the performance of any term, provision, covenant or agreement pursuant
27 to this Lease. Upon the occurrence of an Event of Default, the non -defaulting party shall deliver a
28 notice to the non-performing party ("Notice of Default") stating the nature of the obligation which
29 such non-performing party has failed to perform, and stating the applicable period of time, if any,
30 permitted to cure the default. Failure to give, or delay in giving, a Notice of Default shall not
31 constitute a waiver of any obligation or covenant required to be performed hereunder.
32 20. TERMINATION; REMEDIES. Upon the occurrence of any Event of Default, and in
33 addition to any and all other rights or remedies of Landlord hereunder and/or provided at law or in
34 equity, Landlord shall have the right to terminate this Lease and Tenant's possessory rights
35 hereunder in accordance with applicable law. No remedy specified in this Lease shall be considered
36 exclusive of any other remedy, but the same shall be cumulative.
37 21. NOTICES: All notices shall be deemed given when made in writing and deposited in
38 the United States mail, certified, postage prepaid and addressed to such party the following address:
39 To Landlord: City of Petaluma
40 11 English Street
41 Petaluma, CA 94952
42 Attention: Housing Administrator
Ordinance No. 2739 N.C.S. Page 7
1
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To Tenant:
Telephone: (707) 778-4555
Facsimile: (707) 778-4586
Address:
Attention: Executive Director
Telephone: (707)
Facsimile: (707) _
10 Either Party may change its address for the receipt of notices by giving written notice of
11 change to the other Party. Either Party may give personal notice to the other Party.
12 22. FAILURE TO VACATE: In the event that Tenant holds over, Landlord's shall have
13 all remedies as may be available to Landlord at law or in equity. In addition, Tenant shall
14 indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord and
15 the City of Petaluma from all Losses resulting from Tenant's failure to vacate pursuant to this Lease.
16 This indemnity shall survive the expiration or termination of the Lease.
17 23. DISPOSITION OF IMPROVEMENTS: Prior to the expiration or termination of this
18 Lease, Tenant shall (i) remove all personal equipment, improvements, fixtures and property placed
19 on the Premises by Tenant, (ii) repair any damage caused by said removal, and (iii) restore the
20 Premises to its condition on the Commencement Date, less normal wear and tear, except as Landlord
21 may otherwise approve in writing. Except as expressly provided herein, upon the expiration or
22 earlier termination of this Lease all existing structures and other improvements on the Premises shall
23 unconditionally be and become the sole property of Landlord, and Tenant shall have no right to
24 compensation, therefore. In the event that Tenant does not remove its personal property within thirty
25 (30) days after Lease expiration or termination, Landlord, at its option, may deem such property
26 abandoned and either retain or dispose of it in accordance with applicable law.
27 24. INDEPENDENT CONTRACTOR: This Lease shall not be construed or interpreted
28 to create a partnership or joint venture between Landlord and Tenant.
29 25. CORPORATE AUTHORITY: Each individual executing this Lease on Tenant's
30 behalf represents and warrants that he or she is duly authorized to execute and deliver this Lease on
31 Tenant's behalf and that this Lease is binding on Tenant in accordance with its terns.
32 26. SEVERABILITY: The determination that a provision of this Lease is illegal or
33 unenforceable shall not affect any other provision of this Lease.
34 27. BINDING CLAUSE: The provisions, covenants and conditions of this Lease shall
35 extend to, be binding upon and insure to the benefit of the heirs, executors, administrators,
36 successors and assigns of the respective Parties hereon.
37 28. SECTION HEADINGS: All section headings contained herein are for convenience
38 of reference only and are not intended to define or limit the scope of any provisions of this Lease.
39 29. ESSENCE OF TIME: Time is of the essence for every provision, covenant and
40 condition of this Lease.
Ordinance No. 2739 N.C.S. Page 8
1 30. ENTIRE AGREEMENT: This Lease contains all the agreements of the parties hereto
2 and supersedes all prior leases, agreements and negotiations . There have been no representations by
3 Landlord or understandings made between Landlord and Tenant other than those set forth in this
4 Lease.
5 31. AMENDMENT: This Lease may only be modified or amended by a written
6 instrument duly executed by the Parties hereto.
7 IN WITNESS WHEREOF, this Lease has been executed by the Parties hereto as of the date
8 listed below.
0
10
SIGNATURES ON FOLLOWING PAGE.
Ordinance No. 2739 N.C.S.
Page 9
1 TENANT
2 Name of Non-profit Organization
3
4 By:
5
6
7 LANDLORD
8 City of Petaluma
9
10 By:
11 Peggy Flynn, City Manager
12
13 Attest:
14
15 By:
16 Claire Cooper, City Clerk
17
18 Approved as to Form:
19
20 By:
21 Eric W. Danly
22 City Attorney
23
24
Ordinance No. 2739 N.C.S. Page 10
Exhibit A to Lease
Premises
Ordinance No. 2739 N.C.S. Page 1 1
Ordinance No. 2739 N.C.S. Page 12
Ordinance No. 2739 N.C.S. Page 13
1
2
3 PREVAILING WAGE EXHIBIT B TO LEASE
4
5
6 HOURS OF WORK:
7
8 A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in
9 performance of the Services shall constitute a legal day's work under this
10 Agreement.
11
12 B. In accordance with California Labor Code Section 1811, the time of service of any
13 worker employed in performance of the Services is limited to eight hours during any
14 one calendar day, and forty hours during any one calendar week, except in
15 accordance with California Labor Code Section 1815; which provides that work in
16 excess of eight hours during any one calendar day and forty hours during any one
17 calendar week is permitted upon compensation for all hours worked in excess of
18 eight hours during any one calendar day and forty hours during any one calendar
19 week at not less than one -and -one-half times the basic rate of pay.
20
21 C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for
22 each worker employed in the performance of the Services for each calendar day
23 during which the worker is required or permitted to work more than eight (8) hours
24 in any one calendar day, or more than forty (40) hours in any one calendar week, in
25 violation of the provisions of California Labor Code Section 1810 and following.
26
27 WAGES:
28
29 A. In accordance with California Labor Code Section 1773.2, the City has determined
30 the general prevailing wages in the locality in which the Services are to be
31 performed for each craft or type of work needed to be as published by the State of
32 California Department of Industrial Relations, Division of Labor Statistics and
33 Research, a copy of which is on file with the City and shall be made available on
34 request. The Consultant and subconsultants engaged in the performance of the
35 Services shall pay no less than these rates to all persons engaged in performance of
36 the Services.
37
38 B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants
39 engaged in performance of the Services shall comply Labor Code Section 1775 which
40 establishes a penalty of up to $50 per day for each worker engaged in the
41 performance of the Services that the Consultant or any subconsultant pays less than
42 the specified prevailing wage. The amount of such penalty shall be determined by
43 the Labor Commissioner and shall be based on consideration of the mistake,
44 inadvertence, or neglect of the Consultant or subconsultant in failing to pay the
Ordinance No. 2739 N.C.S. Page 15
1 correct rate of prevailing wages, or the previous record of the Consultant or
2 subconsultant in meeting applicable prevailing wage obligations, or the willful
3 failure by the Consultant or subconsultant to pay the correct rates of prevailing
4 wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
5 prevailing wages is not excusable if the Consultant or subconsultant had knowledge
6 of their obligations under the California Labor Code. The Consultant or
7 subconsultant shall pay the difference between the prevailing wage rates and the
8 amount paid to each worker for each calendar day or portion thereof for which each
9 worker was paid less than the prevailing wage rate. If a subconsultant worker
10 engaged in performance of the Services is not paid the general prevailing per diem
11 wages by the subconsultant, the Consultant is not liable for any penalties therefore
12 unless the Consultant had knowledge of that failure or unless the Consultant fails to
13 comply with all of the following requirements:
14
15 1. The Agreement executed between the Consultant and the subconsultant for
16 the performance of part of the Services shall include a copy of the provisions
17 of California Labor Code Sections 1771,1775,1776,1777.5,1813, and 1815.
18 2. The Consultant shall monitor payment of the specified general prevailing rate
19 of per diem wages by the subconsultant by periodic review of the
20 subconsultant's certified payroll records.
21 3. Upon becoming aware of a subconsultant's failure to pay the specified
22 prevailing rate of wages, the Consultant shall diligently take corrective
23 action to halt or rectify the failure, including, but not limited to,
24 retaining sufficient funds due the subconsultant for performance of the
25 Services.
26 4. Prior to making final payment to the subconsultant, the Consultant shall
27 obtain an affidavit signed under penalty of perjury from the subconsultant
28 that the subconsultant has paid the specified general prevailing rate of per
29 diem wages employees engaged in the performance of the Services and any
30 amounts due pursuant to California Labor Code Section 1813.
31
32 C. In accordance with California Labor Code Section 1776, the Consultant and each
33 subconsultant engaged in performance of the Services, shall keep accurate payroll
34 records showing the name, address, social security number, work classification,
35 straight time and overtime hours worked each day and week, and the actual per
36 diem wages paid to each journeyman, apprentice, worker, or other employee
37 employed in performance of the Services. Each payroll record shall contain or be
38 verified by a written declaration that it is made under penalty of perjury, stating
39 both of the following:
40
41 1. The information contained in the payroll record is true and correct.
Ordinance No. 2739 N.C.S. Page 16
1 2. The employer has complied with the requirements of Sections 1771, 1811, and
2 1815 for any Services performed by the employer's employees on the public
3 works project.
4
5 The payroll records required pursuant to California Labor Code Section 1776 shall
6 be certified and shall be available for inspection by the Owner and its authorized
7 representatives, the Division of Labor Standards Enforcement, the Division of
8 Apprenticeship Standards of the Department of Industrial Relations and shall
9 otherwise be available for inspection in accordance with California Labor Code
10 Section 1776.
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12 D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf
13 of the Consultant and any subconsultants engaged in performance of the Services,
14 shall be responsible for ensuring compliance with California Labor Code Section
15 1777.5 governing employment and payment of apprentices on public works
16 contracts.
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18 E. In case it becomes necessary for the Consultant or any subconsultant engaged in
19 performance of the Services to employ on the Services any person in a trade or
20 occupation (except executive, supervisory, administrative, clerical, or other non
21 manual workers as such) for which no minimum wage rate has been determined by
22 the Director of the Department of Industrial Relations, the Consultant shall pay the
23 minimum rate of wages specified therein for the classification which most nearly
24 corresponds to Services to be performed by that person. The minimum rate thus
25 furnished shall be applicable as a minimum for such trade or occupation from the
26 time of the initial employment of the person affected and during the continuance of
27 such employment.
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Ordinance No. 2739 N.C.S. Page 17
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Petaluma
P. O. Box 61
Petaluma, CA 94952-2610
Attn: City Clerk
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103,27383
4 MEMORANDUM OF LEASE
ATTACHMENT #3
Space above this line for Recorder's use.
5 This Memorandum of Lease (this "Memorandum"), dated for reference purposes as of
6 , 2020, by and between the City of Petaluma, a public body, corporate and politic
7 ("Landlord") and the , a California nonprofit public benefit corporation,
8 ("Tenant"), in reference to and consideration of that certain Commercial Lease Agreement dated as
9 of , 2020 ("Effective Date"), by and between Landlord and Tenant (the
10 "Lease").
11 1. The purpose of this Memorandum is to provide notice of the existence of the Lease
12 which is incorporated herein by this reference.
13 2. Landlord is the owner of fee title to the Property located at , in the City of
14 Petaluma, California, (the "Property").
15 3. Pursuant to the Lease, Landlord leases to Tenant, and Tenant leases from Landlord, the
16 existing improvements located on the Property (the "Premises") subject to all of the terms and
17 conditions set forth in the Lease.
18 4. The term of the Lease shall be , 2020, to and including , 2025.
19 5. In the event of any conflict between this Memorandum and the terms and conditions of
20 the Lease, the terms and conditions of the Lease shall control.
21 6. This Memorandum may be executed in counterparts, each of which shall be an original,
22 and all of which together shall constitute one fully -executed agreement.
23 IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date set forth
24 above.
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Ordinance No. 2739 N.C.S. Page 18
1 LANDLORD
2 CITY OF PETALUMA
3
4 By:
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6
7
Peggy Flynn, City Manager
8 Attest:
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11 Claire Cooper, City Clerk
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13 Approved as to form:
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16 Eric W. Danly, City Attorney
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TENANT
Organization Name
Executive Director
SIGNATURES MUST BE NOTARIZED.
Ordinance No. 2739 N.C.S. Page 19
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FORM OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss.
COUNTY OF SONOMA
On , 20_, before me, , a Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same 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.
14 I certify under PENALTY OF PERJURY under the laws of the State of California that the
15 foregoing paragraph is true and correct.
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WITNESS my hand and official seal.
Signature,
seal)
Ordinance No. 2739 N.C.S.
Page 20