HomeMy WebLinkAboutAgenda Bill 4.D Part 2 07/14/2003H
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'IC Policy No. SV 35595.830
Page 1, of Schedule C
SCHEDULE C
The land referred to, in thispQlis situated in'the County of Sonoma,.,, - ,City "of Petaluma,
icy
State of Cal.lforrnia,.and is described asi.0,11ows".
PARCEL ONE::
LOTS 150 11 3" j", 154,1,,, and
151, .152, 15, 155,as said 'Lots are numbered and designated
upon Stratton' -s Official Map of the City of Petaluma.
SAYING AND EXCEPTING., h6we''v"er, from Lot'portion:
150 the following described
BEGINNING at. the SoutheAsterly,cbrner of Lot 15D,,
50,, assaid Lot is -laid down and
desid gnat e& upon the official 'Map of the. City of Petaluma a's made by Ins. T.
Stratton, Esq.,, Surveyor, sa,id point being the intersection, 'of'the Northeasterly
side line of C Street -.1 thence Northwesterly, along'the N'6rtheas,tetly line of
Third Street, 68 feet and 10-1/2 inches, morg�or less,, to;a brick wall running
in a"Sbuthwester-hy
;tet-ly-No.easterI idirection; thenceNortheasterly and along the
Southeiisterly
I I . I . ". , brick
, b - side'of sald�'� rickwall, 98L feet and 3-3/4 inches, more or less,
to a brick wall running. in'4 Nqrth.w..esterlv-Southeasterly direction,; thence
Southeast'arly,.'and,aldng the Southwesterly side of said brick wall;, 6.8' feet 8
inches, more or less;, to 'the Northwesterly side line, of C Street; thence.
Southwesterly and al-Pn.§ t;-. !J79-r'thwes - terly lin I e`,of C•,Street, 98 feet . -3
5 /4 inches
to �Ehe', point and -being the Southeasterly portion of said Lot 150.
A.P. Nos.0`68-065-002, 00,4,,,"'za'ha 0.01;
PARCEL TWO:,
BEGINNING at the Southeasterly -corner of Lot 150., as said Lot is laid down'and
designat'ied, upon on 'the Official Map of the. City of P6taluma .asffiade by Ins,. T.
-
Stratton, Esq.",. Surveyor, sai&point being theint.e±s.ectioft of the Northeasterly
side line of Third Street wit-h,'.the Northwesterly side line lof C Street; thence
Northwesterly, along, the Northeasterly,-, line of Third:'Stre6t, 68 feet and 10-1/2
inches; more or less,, to a brick wa:11 running in a So thwesterly-Northf�asterly
u
direction; thence" N6rtheasteriy and along the Southea-sterly side of sa:id'brick
wall, 9,8 feet and 3�.-3/,4iii'ches,,..'*More.�'or less, to a brick I ,Ka:ll running : I n' a
Nor-,,t-hVesterly-Southeasterly direction; thence Southe4sterly, and along the
.:`Southwesterly side of, saidbrick wall, 68 feet :8 inches; more - or less :to the
Northwesterly side line of C -Street; thence Southwesterly And alorg. t he-
Northwesterly,-��irie;,of C' Street,, 9,6 feet 5-3/4 inches to the point of beginning;
and being the'. Southeas terLy"poit ion of said''Lot, 150,.
A.P. No. 00,8-0,65-003
Page 4 of 4 Pages
FrGIS 11 00C OLD REPUBLIC' NATIONAL TITLE INSURANCE
OLD,REPUBLIC TITLE;COMPANY
'ORDER :NO. U812000521 _ JJ
land, referred to, in this Report;is situated in aheycounty, of Sonoma City ,,of, Petaluma,
�lCate-of California,.and is described as follows,
Easterl along the
ne-of 100 f:e`et;u'thencnce running.
Commencing lid.,,D, Streets; the
y g y e at right
angles Northerly 1'9.0 feet,.' more oral ss of said ortherly, line of 'Lot or Block`
less, to the Nora
Number 96,, according toy the Off'ci p y of '° Petaluma; thence'
s ly bine ofne of said Lot :or Block, No.. 96, 10'0 feet,
Westerly,to the Easter
more or les', g D Street.,, the^ herly`along -said
aeon the said Northerl l
Easterly line :of D S:treed,, 182 'feet to the point ofnbegsnning.
And being the same lands as is;d'escribed and," set forth in that certain, deed,
California !,Gas and.Electric Company, ;a corporation., etc. to Frank K. Lippitt,
dated November 5th, 1904 and recorded. in Y Liber 215 f Deeds„ Page 389, Sonoma
• o
Count Records.,;', which said deed' is .hereb referred t'o and,, made apart' hereof.
A.P. ,No. ,008-121-0,01
Page 3 of 5 Pages
ORT-at57-G .
L
OLDREPUBLIC'TITLE COMPANY
1ORDER,NO-. 213717 -JJ.
'2ND SUPPLEMENTAL
e of C I forn a to in this'Report'is situated m,,�th;e Cou"n of Sonoma„ C;tv of��
• ty' Peta''luma;
and is described as follows.
BEGINNING at the most Easterly corner of Lo"t 98 of the City of Petaluma,
y g Map said, City made by Jas T. Stratton, Deputy
Surve or, a_a f p
.,according to the Official
filed in the ce of the County Retorder'of Sonoma- Couty.on
December 30., .18°65, said corner being at the.' r of F°rst and=°,D" Streets, and
g carne , sterly lihe of First �Street,
a distarice., of 151.8. 'feet toythe- most oEasterly ,co '
runnn thence Northwester) e
r, of Lot .'99 as shown on the
aforementt Southwesterlyand orlon the Southeasterly line of, Lot
9, a dist( ste
_ f 10-0`' feet to � o ghea + yu;' and parallel with
one M p
� t
First StreetCeaod stance of 15,1,.8feet to -the Northwesterly line of. D' Street;
� oint of beginning. y � � opt : 98 , `a distance of
thence Northeasterly and along the 'Southeaster) line of L
100 feet to the p
r,. A.P. No. 0'0'8-068 1003.
Page 3 of 5" Pages
SS
n -
a
u'
EPUI
f ,u BLIC TITLE COMPANY
OLD•R
lu • u uu„
ORDER N0: 2'13716 -JJ
�;T G
The: land referred`t0 in this Report is situated in the-CoUnty`of'
.'Sbnoma, C-!tv of. Petaluma,
StateofCalifornia'
and is�describ�ed as fo Ilows. �
..
PARCEL ONE
.
I I
"
LOT 99 as same is shown on the Official
. _
Mapof the,City'of. Petaluma,, made by
James T. Stratton L7nited.,,S�ate's De ut.
, U •' p y
Sury'e or
y General, on ..file in the office
of the County Recorder of 'Sonoma County;
.California..."
A.P. No. O08, -Q,68-002
PARCEL TWO:
'
"
r
LOTS 100 AND 101 as the same are -,laid down and=des'ignate'd' upon the, Official Map
Petaluma.,
y
of the City of Petaluma, as mad�'crbbedaas
ratton, Es. United States Deputy
Surveyor, er des
e ,aro being
fronting, T'0�0 f�e'et on C Street, and
extending back an equal'wi.dth 149.9 .feet
on Second Street.
BEING. the same property as described in
that certain" Deed', Dr. G. R. .Hubbell, as
executor of the.Last will, and Test5ament
of Johanna 'Kohler, deceased; to George
P. McNear, dated March 31 t., 1`922 and. thereaf;te� recorded
. _- . April 3rd,1922; in
Book 7 of Official Records ..page",• 45'5, Sonoma
_County Records:,:
•A.P.
008-0'68=0'.01'
No.
.IIS
Page 3 of 5" Pages
SS
.,. ,rr i i�, . �� '• " ,. � u lug' . ` ,� .
n
OLD REPUBLIC TITLE COMPANY
�ORD•ER NO'. 2''4277=JJ
j
=
mof P
ue
a,f Scnoma, Cit ,
Portis e County`oi
sdscabedas foll'oWs.-eof California,aand i
(A) COMMENCING at the action of the Northeast., line of Fir
i point of inters' `st.
Street with the extension Northeaster) of the Southeasterly line of F Street
i extended; thence along''the NortheaslercornereofflLotr96;Sthence North'•.. 58'
North 64
West 3.84.8 feet to the most Souther
2 5"O 'S 8
y y 6, 207.5 f.ee6 to �Pet'aluma Creek;
East along the Southea'srterl line of said Lot .9
6,,,
the Southwesterly line
of','said creek,'And the present canal in a.
Southeasterly direction toy a ofnt which bears North 25° 58'' East 300 feet
P.
pnt; thence South 259 58'' W6st-200 feet to
thetpo ntro.f commencementof :CBeingcame'ortion of Lot 45', Stratton's, Official Map of
Petaluma.
U
Ci (B) COMMENCING atthe': most: Southerly corner of, Lot ' 9,6 as numbered an
designated. upon the map entitled-, -Map Map of the `City of Petaluma, Sonoma County,
° 92' West recorded December .30, 1865,
Sonoma County Records; thezceYNoas T. Stratton,_reo- wh theasterly,,line of
California etc., surve ed birth
rth 64 9
First Street•a distance .of 267 4 feet to/a point from hichNth'e most Wes,te'rly
West,
6 bearsl,North 640.02 g thence North
coon 56'oEas.t1d90ofeet to P,e.tal'.ima Creek• thence 110 ofeet
distant;
s:t'ei y corner o'f,,.said Ldt96,;sthence.along.th 86° East
25
uth
2'58.3 feet to the most Ea e dividing
a ort'�''on. oftLot5965of Strattoln s Ofet to the' point of
West' I
commencement. Being p ficial Map c the City
9i line between Lots 45 and 96' So_
• of Petaluma.
and 0'12
A.P. Nos. 008-121-007, o,n, 009,,. 0,10,; -011
ORT'3157=C .
Exhibit B
Map of Properties
59
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Attachment: D S l
I
„ G
�L
I
s and.Monitori
Mitigation Measure ng
Geology and Soils Mtigation.lV1'easures .
The following mitigation measure from the CPSP EIR (13-4) is
repeated below and will be applied to the proposed development plan
1. A geologic report. shall. be provided to the City of Petaluma Community
DevelopmentBuilding Division prior to the issuance of any future
grading/building permit. The geologic report shall ' describe potential
hazards and identify engineering specifications' necessary to reduce all
ground failure risks to an acceptable level.' If- applicable,, based on • a
determination "by the City of Petaluma Building .-
ivision, the City may
require a geotechnical engineer or ,engineering geologists certification that
ground failure risks:, have, been reduced to an�acceptable level:
Air Mitigation. Measures
The following mitigationmeasures from the CPSP EIR (11-1 and 11-2) are
repeated below. and' will be applied to the proposed development plan.
1. Where applicable, the .following dust control measures shall be
implemented by construction contractors during allphases of construction:
® Water all active construction areas at leasttwice daily.
• Pave, apply water three times daily, or apply (nontoxic) soil
stabilizers on all unpaved access roads; parking. areas and staging
yeas at'construction sites.
• Sweep, daily, (with water,sweepers) all paved access roads, parking
areas and staging areas at construction sites.
OR Sweep streets daily -(With water sweepers) if°visible soil material is
carried onto adj,aeent public streets.
® i
Hydroseed or apply (nontoxic) soil stabilizers to -inactive
construction areas (previously graded areas, inactive for ten days or
more).
Enclose, cover, water twice daily or apply (nontoxic) soil binders to
exposed' stockpiles (dirt, sand, etc:)
® Limt"traffic speeds on unpaved roads to l5mph.
o `Limit -traffic speeds on unpaved roads to 15mph.
• Replant vegetation in disturbed areas, as quickly as possible. •
2.. Where applicable the following emissions control strategies shall be
implemented by the. developer as a component of the project
development/ improvements. Where practical, ,the: -tenant and developer
shall .provide, the necessary .plans and/or -improvements to achieve the
goals set :forth in Mitigation. Measure 11-2 of the CPSP EIR.
Hydrology, and Water- Quality Mitigation Measures
The following mitigation measure from the'. CPSP -EIR (12-1) is repeated below
and will be•applied to theproject development plan.
1. Prior to, issuance of building/grading permits,, the.;proposed development
shall comply with ah.state, regional and City water,qualityprovisions and'
Where required under adopted San Francisco Bay Regional Water Quality
Control Board. (RWQCB) regulations: .(a) file with, the RWQCB .a Notice
of Intent to comply with the Statewide, General Permit for Construction
Activities, (b) prepare and implement a project -specific Stormwater
Pollution. Prevention Plan including' an erosion .control plan 'if grading `is
involved, (c) implement a monitoring, inspection, and ;documentation
program to assure the effectiyenesst of control. measures, (d) obtain or
comply with existing General Stormwater Discharge: Permit(s) ' for
Industrial Activities, where applicable, and (e) comply with NPDES Phase •
II non -Point Discharge program:
Noise Mitigat on Measures
The following mitigation -measures 104 and,1,0-2 ,f om the.CPSP EIR are repeated
below and will ;be applied to the project development plan.
1. An acoustical report, including• warranted noise abatement specifications,
shall be :submittedalong with :the Building Plans during the ,Building
Permit process. :Noise control "treatments shall beincorpo rated into the
luildirig'perinit plans to reduce environmental noise to an Ldn of 45 dBA
of less inside 'habitable rooms within residential projects. Noise control
treatments that would normallybe sufficient given the identified levels of
Specific. Plan area noise exposures include sound -rated windows and
" doors, acid force=air mechanical ventilation so windows may be,kept closed
at the -discretion of the building occupants. =
2 The noise related mitigation measures listed iri CPSP FEIR Mitigation
Measure 10-2 shall 'be required 'of all -development- within the -proposed
project boundaries.
Visual Quality and Aesthetics Mtigafion Measures
1: The
• •
e development plans for the proposed project:shall comply with Chapter'
4 of the CPSP =as amended by Mitigation. Measures 9-3arid' 9-4. Prior to
• issuance; ,'of any , demolition/grading/building permit;` the project
development plans shall adhere to the ,City of Petaluma Site Plan and
Architectural Review, Committee process,
Transportation/Traffic Mifigation Measures
11
While the proj ect„is not, expected to, generate any significant: impacts; in addition
to the .recommended improvement, discussed above, a.;number,of improvements
are being suggested to improve site circulation and reduce, the, of project
traffic at.near-by intersections. These, improvements, include:
1.. The,, development 'of a signage program 'for access and ingress/egress for
the proposed garage, whichwould divert traffic to minor intersections
and thus,;reduce, the impacts ,of the; garage,traffic atmajor intersections
2. Posting signs at the intersection of C and Second Streets to direct
northbound,traffic to 'B Streei for access to Petaluma Boulevard. This
` will reduce traffic flows on'C Street and improve the operations for drop-
off and pick-up area in front of the cinema entrance.
3. Direct traffic to, access eastbound D Street at both Second Street and First ”
Street to encourage equal distribution of site: traffic at these two locations.
By distributing traffic between these roadways, the traffic queues which
may occur on these streets to the north of'D Street would not be
concentrated at a single access point.-
4.
oint.-4. A ;traffic signal system shall be installed .between Petaluma Boulevard at
D. Street and D 8treet,between l s` and 2"d Streets to ,allow for emergency
Fire'truck access to D,Street.
Cultural Resources Mitigation Measures
1.. Under the guidance, of Carey & Co. or such other historic expert as'the
City may determine, the Project, applicant shall' be required to relocate the
Livery,;Stable in :a manner that . will retain as much of the existing
structure and exterior materials as is, reasonably possible. The new site for
the, Livery Stable is on property owned by the�,City of Petaluma (McNear
Peninsula) and, 't is proposed to i_ncoiporate the building into a master
park plan " th'at includes walking' bail's, � interpretive centers and other
related amenities. 'The City has agreed to accept the 'building on its
property._,
2.Under ;the guidance of Carey & Co. or such other historic :expert as the
City may'determine, the Project applicant,shall be required to rehabilitate
6.3
the existing�warehouse building closest to "F" Street in a -manner that, will.
retain as much of the existing structure and exterior materials. of the
warehouse, as is reasonably possible and that is consistent withthe plans
:attached to this Initial Study. `In addition, the Project shall include anew;
warehouse, style apartment building located on the vacant land between
such -warehouse and "F"' Street consistent. with the plans attached to this
Initial Study.
3. Under the guidance of Carey & Co. or such other historic expert as the '
City may determine, the developer shall install an interpretative display
on the side of the cinema building facing 290 Street that focuses on 'the
history of transportation and river 'commer'ce in Petaluma_, with a focus on
the livery stable and the warehouses along the riverfront.
4.. All recommendations for on-site, monitoring as outlined 'in the
Archaeological Evaluation prepared by William Roop of Archaeological
Resource Service (report dated Apri1,.,2003) .shall be adhered. to.
5. Mitigation measures as outlined in the CPSP'EIR-Mitigation 7-1 shall be
adhered to.
Mandatory Findings of Significance:
IMPLEMENTATION
L The applicant shall be required to obtain all 'required permits frorn.
responsible agencies and provide proofof compliance to the City prior to
issuance of grading permits or approvals of improvement -plans,
2. The applicant shall incorporate all applicable code provisions and required
mitigation measures and conditions into the design and improvement plans:
and specifications for the project.
3. The applicant shall notify, all.. employees, contractors, and agents involved
in the, project implementation of mitigation measures and conditions
applicable to 'the project and shall :ensure compliance with such measures
and conditions. Applicant shall notify all assigns and transfers of the. same.
4. The applicant" shall provide -for the costof monitoring of any condition or
mitigation measure that involves on-going operations at the site or, long
range. improvements such as archaeological resources, etc.
MONITORING:
1. The Building, Planning -and Engineering Departments and the Fire
Department shall review the 'improvement and construction plans for
conformance with the approved. project description and all applicable
•
0
•
codes, conditions, mitigation measures, „and, permit requirements prior to
n I' aul dirial errnit ite design ;review; improvement plans, grading plans, or
" a of a
bp _ , s.:
2. Planning shall ,'ensure: the °tlrcant
pp has ob,tained'applicable required
permits from allresponsible agencies.and thatthe'plans' and specifications
: pl : q of(grading or
'
building,perinits.
errriit re urrements p nor to "the issuance o
I3 Occu ancac all im ro�ements sh 11 bessub ect 'to iiris � ectio' Certificate of
Prior t tance of a
p y p p n by City staff
pdescription,permit conditions, and
for com Bance with' the project erm
I ^ approved'development,or improvement plans.
C®NS�TRUCTION MEASiI
RES.
1. The
eall sha'1t designate .a,- project manager with authority to
implement -g on' measures and 'condition's of approval and provide
gr , address, p_ o Y 'City prior, to issuance of any
din , •ermrts,and si ed b: the�cont the Ci -
p for construction.
name a ress , an one numbers t
a tactor res onsib'le' f
2 '•' conditions on .the buld'nquored adinnne rmits'� be listed. ,as -
g grading p and si ed'Ib•
shall
yalie' contractor
iti ati
1construction, � ,
onsible
res
' p � for construction.
Cite inspec sur
e that cons'tructio
y p shall c;m n activities occur with the
approved plans :and conditions of approval.
4. If deemed 'appropriate b the 'Cit the:; applicant shall arrange 'a_ pre
construction conference wi
Y Y,
"th .the construction contractor, City'. staff and
nor to 'the isuance of h grading l and bu d nut conditions of
responsrbl'e agencies g es and
approval p y gr g g permits.
G5
The MasterPlan is included in the agenda item on,, the Development
Agreement addis not duplicated here to save resources. The
P
Master,. Plan wilt, be included here in ;the final sighed document.
Exhibit E
publie.. Impr®verri
3. Estimated Commencement Date: May 1 2004,
4. Estimated'CompletionDate, November"1, 2005 •
Phase D-
I Private,lmprovements: The residenfial/.retail buildings on Petaluma Boulevard
(commonly°referred to as the Rose site).
2. Public Improvements: Public improvements in public right of=way ori. (a) "C"
Street from Petaluma Boulevard to Second Street: -from :back of curb ao•building
face 6n'the Theater Square side of.street; and (b) Second Street from, "C" Street; to
"D" Street, from. back of curb to building face on the Theater. Square, side of street,
(c) Petaluma Boulevard from "C" Street°to "D Street from back of curb: to
building 'face on the Theater° Square side of street, and (d)""D" ' Street from ,S'econd
Street to: Petaluma Boulevard_from. back of curb to building face,6ri the Theater
Square side of street.,
3. Estimated Commencement Date: April. 1, 2005.
4.. Estimated Completion Date:, December 1, 2006
The construction of the•first portion of the project shall include Phase A. Phases.B., C
and D may occur concurrently -with Phase A, or in any order thereafter, .either separately
or together. Atahis time,'the developer is anticipating constructing. Phases B •and C •' -
concurrently with Phase - A, but the ultimate decision will be driven by market conditions,
pre -lease activity, and •other. factors. Similarly, the developer is also anticipating
constructing PhaseD after•Phases-A, B and C have been completed, but the ultimate .
Y . , P y,
decision will be driven b .market conditions re=lease Activit and, other factors.
Cost of`Public lmyrovements
The: estimated .costs .for public •infrastructure required -for .the. project, are
$7.55 :million.- Of this, amount; according to the: Development Agreement,
the Petaluma Community.Development: Commission (PCDC) will pay $4.8
million-of•Basin Street's share.of public infrastructure. The PCDC will also
pay the balance -.of $2.750 million for the City share of public infrastructure,
including construction and all project engineering, architectural, ;and project
management/inspection costs.
The :following will summarize the project costs:
PCDC Contribution for Developer Share of Public Infrastructure: $4,809 Millon
PCDC Contribution'for City Share of Public Infrastructure: $2`.750 Million
Total- Estimated, Public, Infrastructure Cost:$7:550. Million
PCDC Funds will.. beappropriated from Account 901400=9016,"Theatre District
Project. , r
Description of Public Infrastructure Improvetnen"ts & Scope of Work
Location
The work :in the City's scope i87 geographically within the public right -of -way of 1St
Street; 2"d Street;, B Street, C 'Street,' D Street and Petaluma' Boulevard -as bo"unded by
Petaluma,' oulevard on the west, B Street on the north, the Petaluma River on the east,
and D Street on the south, ,including lst Street toy the! northerly right of way of the
Thompson . Creek. See "Petaluma. Theatre District, Preliminary' Phasing Plan"' for
mapping. This map includes the.'anticipated phasing of the work.
Work
The extent of public improvernents including all improvements from back of sidewalk to
back of, sidewalk, including b5ut not limited t.a'upgrading` and'under=grounding utilities,
reconstructing, the streets and sidewalks,, landscaping, lighting and street "furniture.
Specific items of work include but are not limited to:
it „ •
CONSTRUCTION CONTROL
■ Contractor mobilization .
■ Traffic control
EARTHWORK
■ Roadway :& sidewalk:excavation
Construction erosion control (.SWPP)
STREET WORK
■ Cross sections per Central.Petaluma Specific Plan, where applicable
■ Bulb -outs -and/or other corner treatment
■ S'ub=base, base, as required
■ Track work
■ Curb & `gutter,and valley gutters, �ifapplicable
■ Surfacing,& surface!treatnient (asphalt concrete, .cobbles, brick)
■ Striping
■ Signals,, if required,, including all associates,electrical service. ,
■ Traffic control specialized for fire: station on D Street
■ Signage,, standard and way -finding
City Utilities including:
�L
STOWDRAINAGE FACILITIES
■ Lines
■ Inlets, 'catch.basins, turning structures
Outfalls
■ Post, construction storm water-pollutioin control
■ Service laterals to'the back of sidewalk
SANITARY SEWER FACILITIES,
■ Mainline
■ C Stree(sew,er pump station, improvements, if required
Service laterals to. the back of the sidewalk
WATER FACILITIES
Main line
■ Service laterals to the back of the sidewalk fordomestic and fire;service '
OTHER FACILTI'IES
Undergrounding electric
■ Undergrounding telephone
■ . Conduit for_ cable And other future communications
■ Gas main & service ;laterals to the back of the sidewalk
■ Street lights; Downtown Master Plan_. design,
Electrical outlets at trees
■ Retaining walls, if required
Railings at retaining walls, if required
■ Ramps and stairs where required
LANDSCAPING
■ Irrigation.
■ Trees & treewell features
• Potted plants.
Benches
Trash cans
■ Bike :bollards
■ News racks.
■ Street terminus features & improvements at,C Street & l" Street
Exclusions
This scope
doe's
not include the ,following
Archeological r hazardous material remediation in excess of $505000
■ Water meters and laterals to back of sidewalk
■ Fire detection, ,d'eveloprimentlandscape irrigation and other building -related water
devises
PG&E Substation relocation
Thompson Creek bridge
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Exhibit F,
Schedule of Development
The Theater District project may be constructed in up to four phases as follows:
Phase A:
1. Private Improvements: The cinema and the parking garage.
2. Public Improvements: Public improvements in public right ofway on (a) `B"
Street from Petaluma Boulevard" to Second'Street, '(b) 'Second Street from "B"
Street to "D" Street (excluding anywork from back of curb to building face on
the Theater Square side-of.street), (c) First Street from "C" iStreet to "D" Street,
(d) "C" Street from Petaluma Boulevard to First Street (excluding any work from
back of curb to buildingface on the Theater
Square side of street), (d) "D" Street
from Petaluma Boulevard to First Street. (excluding any work from back of curb
to building face on the Theater Square side of street), and (e.) Petaluma, Boulevard
from "B" Street ,to "D" Street (excluding any work from back- of curb to building
face on the Theater Square, side of street).
3. Estimated Commencement Date: November, 15, 2003.
• 4. Estimated Completion Date: November 15, 2004
Phase 'B:
1. Private Improvements: The riverfront office building (commonly referred to as
the Bar -Ale site).
2. Public Improvements: Public improvements in public right of way on First Street
from "D" Street to,approximately the edge of Bar -Ale property (if not previously
constructed in connection with Phase Q.
3. Estimated Commencement Date: May 1, 2004.
4. Estimated'ComPletion"Date: May 1, 2005 "
Phase C:
1. Private Improvements: The riverfront residential. apartments (commonly referred
to as the McNab site).
2. Public Improvements: Public improvements in public right of way on First Street
from "D" Street, to "F" Street (to the extent not previously constructed in
• connection with Phase B).
`f a
3. Estimated Commencement Date: May 1, 2004.
4. Estimated Completion Date: November 1., 2005
•
Phase D•
I. Private Improvements: The residential/retail buildings on Petaluma Boulevard
.(commonly referred to as the Rose site).,
2. Public Improvements: Half -street public improvements on (a) "C Street.''from
Petaluma- Boulevard to Second Street (Rose side); and (b) Second Street from "C
Street, to "D" Street (Rose side), (c) Petaluma Boulevard from "C" Street ,to "D
Street, and (d) "D" Street from Second Street: to Petaluma Boulevard.'
3. Estimated Commencement Date: April 1, 2005
4: Estimated Completion Date: December 1;, 2006
The construction of the first portion., of the project shall include Phase A. `Phases B, C
and D may occur' concurrently with -Phase A, or -in any order thereafter, either separately
or together. At this time,, the developer is. anticipating -constructing ,Phases B and "C
concurrently with Phase,A; but the ultimate decision will be driven by market conditions,
pre -lease activity, and other factors. Similarly, the. developer is also anticipating
constructing Phase D after Phases A, B and C� have been completed, but- the ultimate
decision `will be driven by market conditions, pre -lease activity, and other. factors. •
T5
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TOTAL PAGE.02
H
Parking; Garage ]Easeni and Gpe�a ng A reement
j
Recording (Requested bwand
When Recor.'ded Return #o:
City of Petaluma
11 English,5tr6et
Petaluma, CA 94952 I
Attn: Agency Manager r u
EXEMPT FROM RECORDING. FEES PER!
GOVERNMENT CODE §§6103',,27383
(SPACE.A
BOVE;THIS LINE RESERVED FOR RECORDER'S, (JSE)
iy
THIS PARKING GARAGE EASEMENT AND OPERATI-IVG AGREEMENT (this
"Areemertf
g ) is made and :entered into; as,of.: the _ day of , 2003 ("EfFectve
,Date"),by and among, the City of: Petalu'ma,,76`municipal corporation;{"C�ty'""),.the;
Petaluma Community Development Cor mission ("Agency")and 'B'asin Street'
Properties, :a California corporation ("Basin Street"), City, Agency -:and Basin'Street,are.
hereinafter collectively referred to as the "Parties:
RECITALS
A Basin Street owns certain real property. (the "Propeity") moreparticularhy
described in.Exhibit A attached hereto, which .constitutes a' -portion, ofthe redevelopment
project commonly known and referred toas The Theater`. District Project..
B: 'The Property is ,subject to,the. Cental
Business District Redevelopment Plan
(the z'Rede.VelopmenfPlan ,), which was:approved and;adopted by the City :Council of, the
City.°of'Petaluma on8eptember27 1976 by Ordinance No, 122.1 ,`and'which.was
q Y „` No. 1973, on, 4ly 21, 1999 ;by
Ordinance` nNoa2092, and on ovember 2Tb1 Ordinance Nonce.,
Y
Y The Agency is
responsible for implementing and` admpi tering the- Redevelopment .Plan. •
C. The Property is,also subject to'the Central Petaluma Specific Plan, which
d and 'ad
was approve.
S e fc P opted by the 'City Council of the City of Petaluma on by.Ordinance No:
p )
D: Thee Redevelopment Plan.and the Specific Plan contemplate the construction
of a,parking garage on `the, Property in order to provide additional parking i ' furtherance of
the; redeveloprrient of downtown Petaluma. 1,0 exchange for the Agency's..agreement to.
fund the cost of
certa ihl street; and iother, public improvements pursuant to'that certain Owner
Participation Agreement ofeven date; herewith between t4QAgency'and Basin, Street: (the
"Owner Participation, Agr"eemen "), Basin Street has agreed to.,construct a parking
garage facility and related improvements (collectively, `the "Parking Garage!' on the
Property in connection with its development of the Project (,defined' below).
E. The Parking Garage :will contain at least [530] off street parking spaces and. ,
will•be:used prim, anl in .connection with tl'cinema, ofce; retail and residential buildings;to .
Y y parcels. The Parkin ' Gara e,
be constructed b Basin Street on n_earb.; g _ g , the ,cinema,
office;, retail_�and residential buildingsare collectively called'tho Vroject". herein.,,
p . g ment of
even date herewith.. the Deveio rnent A reerhdh with respect to the Project'
F. The, City,and Basin Street have entered into a develo menta ree ,
( p g .,) P
648229=2 2 , , .
f I,141
wled , y d Agency require.p.
�� u
d ve_h cular ease me G The,Ps allowin I m ress throw hand racrosrian and
I
es ackno, g
e that the Cit an
9
g, egress 5an;d accessl�to1 __ a e�� s the
• area located on the Basin Street, Pro ert described :in Exhibit A attached hereto the
P Y
:i' g Garage.,
Parkin Dara a to rovide ac n G
g g ) p cess to the Park
H. The Partie&"d�ckdowl-edge that this..A' reement effectu
ht to the° Develo menu A - reement ldnd the Owner Parte ipati intent of: the
Parties pursua p g c p tion
Agreement.
1. Y 9 Y
�_and welfare„ n the d that the transactions'cont-elmI lated "hereby further the
Cit and A enc fin
health, tsafety pent Plan,. the Specific
Plan an'd Californ a Comrnunitr Re mity with the
Redevelop p y development Law
(Health .& Safety Code Section '33300 et seq.). ;
reto ensure that tubers of the ub
es d! " I m access
'� � �, "lir will have �� cce
J: The Parti'.. _ , � (�) e P.
to and through the (Parking Garage; (ii)` have the parking privil'ege's` described herein,
and (iii) the Parking Garage is :at all times maintained in a neat, clean; safe and orderly
condition, and the Parties ,therefore recognize that it is necessary that they agree upon
g1 f certainl!ealseme, tation , use and main nce of the Farki
Gara a and the rantin is in'eonn_ection+there ng
with.
'certain matters, inc u m
9 g g,
NOW THEREFORE, for valuable consideration, ;the receipt, nd sufficiency of
lu P-. l . �N �M I� til d ��
which are hereby, acknowledged'; the Partes` her agree as follows.
1. Grant of,Easements Basin `,Street: hereby g rant - s and. conveys -to the City and the,
Agency for public use, thefollowing easements, subject'to.the previsions of''this
Agreement:
(a) An irrevocable, nonexclusive "easement fl r.a'term of,
o twenty (20)
years commencing upon th,e date upon which City issues a certificate -of
completion for the Parking Garage for the purpose of;allowing public use of no
[, ] 'p ng spaces in thel Parking:Gara'gp
fewer than 216 : arks
I I
(b:) An irrevocable, nonexclusiveea'sement�throughoufthe Term of this
Agreement (as defined in Section 2-7)for'the purpose of pedestrian ingress,
egress andaccess to, frorn,and through the Parking Garage. (including the
pathways, stat oahereafter abuors contained thereinr) andlthe`�strleets°, alleys and
sidewalks now' tting or4located,�onor contiguous to ,the Property:
0 . -
(c) An irrevocable;, nonexclusive easnesse ee ess a d arc ' t er is
ent for the, ur ose of vehicular in hout the Ta d from
therPark" ra e, includin ,(the athwa ,stat 9 y and:eteuators onta
P P
>ng Ga 9 i g ... -. P 9 rw fined
therein) andthe stye ys a s
� ets, alleys°and sidewalks'riow °orhhOrb a"fter abutting or
located ion -or' contiguous"to the: -Property...'
3
1�i
2. Binding Upon Successors.
The easements herQby ibonveyed.-May, be utilized; bymember&of the ,general public,;
oDiect to the to ms and conditions of this agreement, and the obligations of Basin
Street hereunder shah be binding upon"its�successors in interest throughout ihe.Terrn of
this Agreement.
Easements; Rules. 'Subject tothe reasonable rules and regulationswhich
Basin Street.mayadoptregadg
the use of the Parking lGarage, the easernents:
gra_rited pursuant to this Agreement shalh be'for the use and, benefit of the,AgenIc the
City'and the general ,public. Basin Street reserves the right,to promulgate: suchi rules. -
and''regulations appiicablefo the'Parking Garag!&as may bereasonably;irnposed t -I
prom u yY g'. g t Y
ro:.mote the safet and secant of the ,Parkin Gara e, the users thereof, he Property,,
the improvements located thereon, and Basin Street ,employees, agents, ,invitees and
patrons,. provided that, such rules and regulations shall not prevent.Or otherwise impair
the use and enjoyment of th&easement rights granted. hereby.
4. No Barriers., The, Parties -:agree except as provided' herein, no wall, fence,,, or
barrier of any kind which impairs or.impedes access to; or use of, any easement
granted hereby shall be constructed, or maintained 'on.or adjacent to the Parking
g nrStreet.do an hin which shall revent, impair or disco,urageathe.
Gara e, nor shall Basi' yt g p
user or exercise of any of the easementsagr-" ted`:he,reby or the free access and'
movement thereon. Notwithstanding the°foregoing; Basin Street shall have the, right to
temporarily" 6rOct barriers for such reasonable period or periodsof `time as, may be
lawfully ordered by ,governmental ,authoriti'es, and Basin 'Street sh811 have the right to
establish an entryand, exit system for,the Parking'Garage;:,whieh may, without
to itaeieress hide' the
u e stalls a cards
and/or parking stickers m order to gain access
9 p . g to orilexit„the Parking, Garage; provided that
such entry and exit system shall not °unreasonably interfere with the tights of public
access granted hereby.'
5. -M'a'intenance ,of Parking Garage
a) The Parking Garage°shall be, maintained by Basin Street at'Basin Street'81 sole
expense,
.0
(b) Without limiting . e.,,generality of the foregoing, Basin Street, shall, be responsible
foreach of the following with respect to the Parking Garage: (i) maintenance of the
surface of'sidewalks and pavement in'level condition and evenly covered with the'type
of surfacing material originally installed „�or,.suchIsubstitute as will in -811 respects bei
equal °to such original material .i'n quality; appearance -and du,�a_bility„ (ii) maintenance of
landscaping, (iii;) maintenance and repair of -such appropriate entrance, exit, an'd
directional signs, markers and light fixtures ,as reasonably required; -(iv) sweeping of "the
Parking Garage. and removal of papers,, debris and` refuse from the Parking Garage;, and
( ) p. maintenance and :repairs, including emergency..repairsnecessary to
•
v erformance of all.
J
avoid s
g dan erou
conditions,, and the repair and maintenance of��±elevatorsitwithin the. Parking
•Garage.
� 6.Standards; of',Performance,. ,,'BasinSt„ ,
Bet; shalperform .t,s naintena
nce a
nd'
in"co, practices'prevailin in the opera
tionre air obligations hereunderc
of first-class facilities in the"'Sonoma .Cou.nty area, and shall perform'all;4required wo'rki in
a timely manner and in accordance with generally accepted principlesof workmanship,
using best efforts to minimize disruption in the use of the Parking Garage during the
course of such work.
7. 'Bas'in Street Parking"Rights: g Basin Street shall have the ri" ht ta:designate up to
[143] parking stalls, in. the Parking "Garage for the exclusive use 'of residential occupants of
the Project, and their guests and linvitees ("Residential Users'). Such stalls may be set
apart from the general parkin=g areas of the Parking Garage bythe use. of gates or other
4 . Basun Street shall°also,fiave tk g t' as Basin
access control.;mechanisrns, and rnay�b such" portions;of the ara
to 171 parking stickers one a to fime to allow commercial:tenants oflthet to issue up
Street shall determine�from ti i'
er vehicle.
[ l P 9 . ( .... P . , ,) ; Projector
other project of Basin Street all:-dayparking. privileges imth_e� Parking "Garage. Basin Street
may, but shall not be obligated to; assess rents or other charges. against the'Residential
exceed commecciall reasonabler,ates= : g .w
Users or Commercial, Users, Parkin Garage (Which- rentsor other charges shall not
y,
8. Operating Hours The Parki,ng 9 Garage shall remain open and"available for use by
,
the public seven (7) days per week, from 6.00 a.m. to 2.,PO,a.m. ,(`'Business Hours"). Basin
9 G a vehicle
may ark in the..Perkin ara e, nd,ma' establishldiffe"rent t mount of
but not the obligation, ht a limitatlio senC various -
Street shall have the right,- I g I't Y •
ureas of the Parkin Gara 'e,anWor Burin' diff :'day-.,,,,
g �� g g Brent times of '
9. Taxes. Basin Street.•shall pay, all taxes, assessments);and,fees, 'including''without
limitation,- income taxes, business'; license taxes, real, estate taxesrand assessments, and
taxes a able ,with r t shall be made norto the tim anon ofrthe Parking Garage and
the Property. Such payment
the�ownershi oro �er
payroll P ,Y -�i h �,
p y p ' ;e tha,,.YP
anerialties or interest
would accrue upon such taxes or'assessments'.
10. Personnel., Basm Street shall.engage all,aervices•;necessary to carryout its.
h 1.
Palrg ntg Ga age bpeeationl obl gatio'tns.u.Al persons or fi mstw th Whom rBasan Streetce and
tenan
contracts or why he Parking Garage' shall be employees, .agents.or con n, repair or
h Basin Street em to s'in connection with the o erati
maintenance oft. tractors of Basin
Street, and not, of City`or, Agency, and -all compensation, wages,:;salaribs. fringe benefits,
nses and payroll taxes
corn I Iwith aspect to such persons or firms shall
other clary expe payable with res
be paid by Basin Street. Basin Street shall,p y aws relating..to employment of its
employees; mcludmg, without'limitation; occupational°,.health `and afety requirements and
workers' compensation;.insurance'°requirements.
5
S-3
-Service Contracts-. Notwithstanding An, thing to thefcontra rycontained 'he rein"
into, service Basin Street may enter I . -
ce contract's :and 'other.re
lat6d agreements required in the
ordinary CoUrs0:or business to enable'Basin Street p -''t'- opp(qte and ,,maintain the, Parking,
Garage; including, ,without ili'mitA ract_with.qparking' ;
igarage Operator to
providioAsudh,supery supervision,, ioh., maintenance, and ,other ,services, and as may Ie.necessary for
-th.e,proper,operationand maint6ha co,of'the Parking Ga
rage.
12. Other S&viicesBasinStreet shall, perform,811, servi ces,
(e.g., security service) which
are nbfmall . performe.d.,'in connection with. is
y thp.,operatioa and management of a: similar
Parking ,Garage jn the 'general :area of the, Project. Notwith. standing fhe'elore
gping,,'BaSih
Street shall: have no -dutyto, provide on itO security or personnel during non -Business'
Hours.
13. COMOliance4ith Laws!, Compliance With Property Agreements Basi,ft Street; shall
comply with al[ laws. rules, riB'Ulafions 4orders-, and �reiquirerriie'Tlt
.9- s of anyg overnmental
authority:applicable to or affecting the Parking Gar 'goPrope fty.,, `including, without,
limitati_bn,j,.ah_, am, rulos,, re.qUl.atiQ0s, q(,ders �:and re�quiro'�,nents-:rel�3-t-i'Og:'to,thle�'use,,
genbration,. stora09,00d disposal. of hazardous wastes
hazardous material's and
petroleum. orod,ucts.. Basin Street shall p6ifbtrn and comply with;br�cause to be
performed or com.,p-li'ed W
-W, all .of the obligations; terms and' oonditjo'1-81 required
toj
,be'
perormed or complied with b,y Basin ,,Street under 6nymb090gedeed of trust,service
contract, leasejor any otheragreementafodfg-ffibParkingGarage ;or.'Propery;,and'
any,other' greement relisting to the, ownership,mgra 'O
t,, operation; ,and maintenance
of the. Pq(king. Garage: -or fie Peoperty.'.
Ik Indemnification.., Basin Street ',shall 'in d'e m" ify,City'and Agency,andlh6'
rospeptive.e.ected and appointed, officials, employees, ;agents -and contract
ors.
("j,ndeirn tee
�611 s.") from, and against all claims -,,demands, liabilities, judgments; losses,,
costs and ,expenses(including
' inckudi - r ' Ig reasonablie:aftorh�'oys'fee,�-and expenses,),ari'sing out
Basin'S,tre�dt's ofifts. obligatioris,'hereupioer,, or,otherwisb,arising in, connection
with the P.-arkih'g,!(-3aragp;including'h'out"l,irti.itb,ti6n-,,�cI . aims arising '.in-cohilect - i nwith
the injury -46 or death of an person or,dbthaae!,tO,'property except-fb,the �'Eixtent,the.'sa me
are ,attributa-ble.to1he gross rieg I I I igence, or willful misconduct. . 'bf 0-ity"Age Agency I any
orL
Indemnitee. ltJs,thej_htent,of the Parties1hat neither City -ify
nor Ageripy'shall have ,any
4,liability for claims arising, in connection With the use -of the Parking'Garafge dthE I rjhan,as
ex pro- -5 sy
- I stated,- in this Section.
�
.15. Insurance.,
(a) Basin Street shall, at all Itimes 'during the ,term "ofthis Agreement maintain, in,.fUll',force
and effect the following 'ihsu'rance policibs.
(i)Commencially'reasonable oolicies.ofcommbrdi;j'I general,li6bilityjnsur"arice
,
including coverage forJnlury°to or death ofpersons-or damage to or destruction of,
property resulting from the use,"b''pero r ainteriance:of the P rking,Ga age.
-repair 6 m
. . - , - - _0 , 8 r
with a financially, responsible insurance company or companies,
approved ty;the City
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and Agency, in the amount of not less than Five Mill ion, Dollars-, (§5,00-0,000) per
occurrence and Five Million. Dol-I.ars '(,,$5`,,000,000),phnuol..general ,aggregate. The
liability I i mit rider each insurance,�Oqlicy, shall,bually
e', reviewed, and a'djusted,levery five (5)
1 1, � "d'b- 6' �,P i` I the
years, beginning ,ftom' hie �EffedtiVe Datipa s-magree, , y -t 'e Parties. If the
lic h
Parties are unable to,agree, tho,liabillimit6 f each po 1, y $ all increased by the
percentage by Which the Consumer , Price Index (AII�Urban- Consumers) for the San
Francisco-Oakland�'San, Jose metropolitan area published by the U.S. Department
epartment of
Labor has increased,,isiticei thel6st date on which the Gab illity'Jimits, we're set.
L V1
(ii) Property Insurance., All�.Rigk.,cbve,rag6...
.1Il�ar,am.n,.ouht;e"qLialitb full replacement
cost, adjusted for infl'a'tion,'With ani agreed amount endorsement or a. waiver of co-
insurance.
V
'k Ors', liobility�'ih�6rah,ce'in""'an1 amo
(iii) Ga raqekeep&'s,.,, Oqfpge eQp, unt not less than
Five Million DollaM', , ($ 5,000,000) , , , ; combined single'limit.
(iv). Workers' Compensation., Workers' Compensation, 'as required: by law, and
employer's liability in-anamoun tnotiless than iMillion,Dol , lars
(v) Vehiicle& Lieibility,16f'sdrance or,own6d, I iried".&Aoh-6wned vehicles, in an
amount not less than,M Ilion Dollars($'),comibiindd "single limit.
(vi) Additional Insurance., SuGh,addiflio'n-P.1 insLOance, ag6inst: other risks of"loss of
the Parking Garage br Prooertytirneto time.- may� be qi�iired. by any lender
as, from eeni"p"d re
makings a loan relating, Wthe�Prqj6ct bt*hich Mby be' deemed ` desirable. by Basin, Street
or be required by I aw.
(b) Basin Street' shaIll furnis'li to City and Agency, on or before the Effective- Date of this
Agreement, evidence. that the insurance referred to in, this Sect . io . n is in full force and
effect and that the
prernib'nis therefore fiavebeen '
paid.
(c) Each policy,of insurance ,8 "hall! (i) name City and' A"'gencyrs additional d&tional insureds
a_
thereunder,
(ii) stipulate that,the insurance is primary I y in :r surance and that no insurance
or s -elf -insurance. -W. iW'be called. Upon to con,tributerto'a'los& and (iii) provide that the
policy may not be,can, cellpo or amended without!at,leafst thirtyl�(30
Opys prior Written
notice being] -given b fliblinsurer,to City and,Agency.
.,..Y11
(d) All policies�"shall'!bb issued -by California admitted com., panies which hold,a current
rating of not 16 , ss thafn':A`:VI1f!` according to.Bes.fs Insurance Reports.
16. Dispute, Resolution Attorneys' Fees. In the-evont dispute arises in connection
Pa rty
"s 6blile 'd"
With, either' ]ations,or-,p 'rf hereunder, h
P,,Tormance� un, er. e�, artie§agre6 to confer in
ood,f6iftl h, 'e Vtb resolve such dispute., It is e�pressly-lunder tood that no
s
breach t:shdll entitle Basin Street o
r ach of t i-'s.,A r r its'sU'C'c'e'8's'or in interest to cancel,
rescind or otherwise terminate this Agreement. The. foregoing limitati
on shall'not affect,
in any manner, any other r-, ht or reniedy which any Party may have by reason of any,
er "rig
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5S
e
breach of this .:Agreem nt. In the; event-an.,action is commenced to enforce the terms vof
this Agreement the -prevailing party shall be' entitled. to -reasonable ,attorneys' fees;
17. Default; Remedies.
171 Remedies., An' Event of Defoult'-ahall .occur hereunder upon the failure,of
any Partyto:fulfill or perform any obligation required to..be fulfilled or perfOmed,tiysuch
Part' hereunder y ` ` . ,the applicable
y and the failure of such,"Part to cure such default within
cure period. Upon the occurrence' of an Event of Default„ the nondefaulting Parties, may
pursue all remedies at;law or inequity whether or not such remedies are provided for in.
this Agreement,, expressly including the remedy ofspecific performance of.this
Agreement:
Upon, on the ccurrence of`an Event of
17.,2 Notice and Cure. p oDefault by any
Party, the nondefaulting party shall serve written notice of sack default to the defaulting
party: If the default is no`t cured ;within thirty ,(30) days after service. of ,notice of
default, the: nondefaulting; party,may then. commence any legal or equitable, action 'to
enforce' its rights under this -Agreement; provided, however, that, .if the default "-'f a
nature such that it cannot be cured within such thirty (3.0),day, period, the nondefaulting
party shall refrain from an.y such ,legal or equitable action °so. long as #hedefaulting party,
begins to cure.auch default,within -such thirty (3,0) day period and diligently pursues such
cure to completion'. Failure'to give notice.;shall not.constitute a waiver of,any,default:
T.3 No Damaqes Against City,.or Agency. Notwithstanding anything to thedontra•
Agency. contained':herei'n; in no event shall, damages be awarded against C,ty. =or,
18. ` Notices. Except,as otherwise gpetifjodliq this Agreement; :all notiees, to be: sent
pursuant to this-Agre'ement'shall be made inwriting, and sent to the Parties.at their-
rev nate b written notice delivered
such'other address as a Party;May
res `ecfive�:addresses specified be °� `
9 Y eyed to. the other parties;in accordance with this
Section. All such notices; shall be sent by:;
i
personal delive which case notice `is effective upon delivery;
O p ry in
(ii') certified or �re, istered mail, reurn reCeigy'pt rb vested
', 'in which case
notice shall be deemed delivered on 'receipt if delivery is confirmed ,by a return`
receipt;
(iii) nationally recognized overnight courier, with charges prepaid or ,
charged to the sender's account, _in which case noticeois effective on defivery if-
delivery
fdelivery is confirmed by the delivery service;
facsimile transmission,,;in which case notice shall be deemed`delivered
upon trans
mitt'al, provided that .(a) a duplicate copy of;the notice is promptly
-delivered by first-class or certified mailor by overnight delivery; or (b) a
transmission report is, -generated, reflecting the accyrate.transmission thereof,
Any noticegiven by facsimile shall be, considered to have beehr received on the
s 4-
•
next _business day if`it is received after 5:00 pl.m. recipient's time or on a
nonbusiness day.
City: City of Petaluma
11 ' English Street'.
.Petaluma„ CA; 94952
Attentions City Manager
• Facsimile: '
Agency: Petaluma Ho Community, Development Commission
Howard Street
Petaluma,, CA :94952
Attention:
"Facsimile:
Basin Street: ° "' ;Basin Street Properties
1318 Redwood Way
Petaluma, CA 94954
Attn: Pre's'ident
Facsimile:
with a copy to:
Law Officesof'Paul;A. Andronico
Paul A. Andronico, Esq.-
25
sq:25 Gregory Drive
Fairfax, CA"94930,
Facsimile l
1.9. Amendments`. This Agreement may be: terminated, e'xtend'ed, modified or
amended,. in whole or'in part; only with the consent of the'Part'ies, by an instrument in
writing, executed,;;and acknowledged by the Parties, and -id ll recorded in,,the Office of
the Recorder in and for the Countyiiof Sonoma, State otCalifornia.
y t I ,
t'v. if,arn rm, provisiIon or condition contained in this Agreement.
shall, o an",exte
20. Severabili e
t y nt, be held `invalid or unenforceable by a court of competent
jurisdiction, the, remainder ofthis Agreement (or the application of such term, provision
or condition to persons: or circumstances other than those in respect of which it is invalid
his A reement shall be!'alid and
thereby, and ;each te,r p is�on and condition
of t unenforceable')
all =not be affected- m, rov
g sh d enforceable to the fullest, extent permitted by law.
or
No waiver of any default by any Party s'
i
{ 21 � No Waiver,. � � ' '� hall be implied from any
failure by,anv other Party,,to take any action in respect, of such default if .such default
continues or- is,repeate.d. No express waiver of any default shall affect any default or
cover any, period of time other tha1.n the default and period of,tirne, specified in such
1.
express ress waiver. . One or,more waivers o
p p n_f any default in the performance of any term,
9
1��
provision orcovenanticontained, in this Agreement'shall not ,be, deemed to,be,,iaWaiver
of any subsequent default in the performance ofthe same term, pr.Ovi8iO_n:-I6rcovenant
,or any ,,other term,, provision- or, cotenant .contained i
,n, this Agreement: The consent or
approval by to ofany actor request, by any other Party shall not be
-deemed to waive. or render unnecessary ,the l consent I
Q or',approval of �any,:sUbs6quent
ja
SiMi,latlactot reqp_est,._..
22., Governing Law: This Agrpetno
,nf`:sh8ll be c1pr* ed 'in accordanG6,with: the law
of the Staie,ofCal Cal'ifo'rnia.
23.
23. Caijtid%nsE'ntireAqreemeht. Thd section so, u Agreement IQ :ih' this P 4( ent are
for convenience e 66_Iv'z'hd.are not intended to affect-theinterpretation, or :construction of
the provisions herein contained.This Agreement, together with the Develo'lPmen't
Agreement and the �Qwnor ParticipatOn,A, 'g,reement re agreement
i` - constitutes the enti'
among g the Part I i0s WA h
with tespec-tJoA e subject matter hereof,, and all prior, negotiations,
documents -and ,discussions related thereto are herebysuperseded.:
-..supersee,.,
24. Counterparts, This Agreement may ea
U&executod iin multiple ' ----C-h
'of"whith shall be. an original and 'all of which "to . getheir-"shall, constitute one. aqteement.
25.' Furthet'Assurances. 'The Partlies agree to execute such instruments and to,
undertake such actions', as may be,necegs'a,ry to. effectuate the- intent"ofthis.Adreeme'rit.
26r. 'No,Parthership. Nothing in this Agreement.
,p
a
ofthe Parties as:partn6rs, co venturers , br�riqqipaintended to orAoesestblish'8!ny
l �q(W�cagehfwifh one another, nor
does this Agreement establish an employer -em
Parties'. ployee relationship among any of 'the,
27. Term This term, ogr
fJ q - -., -the Effective Date I and
"I hi.'—A eementsh a,llcbrnrr!enc.eon
-the
010.ssextended 'by the mutual Written,, agneoment.of the Parties,, shallierm'iha*f6,Onfhe
date .wh Ah
ith is the' (20 ) anh'iyersa'ryof
ofC of certificate rtificate, '.
ity's, issuance
completion for the Parking Garage ("Terr,nination, Uatb").
The Parties qgteq-16 execute
An
- record inOfficial recbr&2, of no
g-Ithat th is
Jhdic8tihAciro6ment.has'teft itfated'and isobribet-f6rde and e ecteffectiveas of such
Termination" Date,.
I . 0
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P
”°` writt "KWITNESS V1/HEREOF, the Parties h,ave�,executod this Agreement -al 'of the date first
en above.
CITY OF PETALUMA:
By
Its:
APPROVED AS TO FORM. -
APPROVED AS TO FORM:
I'
,Agency Counsel
BASIN STREET PROPERTIES,
a California corporation
By.
Matthew T White_
President,
$i
State of California )
County of Sonoma )
On ;;2003;, I efore me, the undersigned,;'a, Notary Public, in and for said State
and County, personally app'eared'. , personally known to
me (or proved to me -on the basis of satisfactory evidence) to tie,the; person(s)whose name(s) is/are
subscribed to the within instrument acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies),, and, that.6y 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.,
WITNESS my hand and official seal.
Notary'Public
' 1•
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q1
State of California
Cbunty of Sonoma
On 2003; before me, the undersigned, a Notary Public, in and for said State
and County, personally appeared ; personally known, to
me (or proved to` me on the basis :of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribedjo the within instrument acknowledged to. me, that he%she%they,executed the same in,
his/her/their capacity(ies),. and thaf.by'his/her/their signature(s) on the instrument the person(s), orthe
entity upon behalf of Aich the persons) acted, .executed the instrument.
WITNESS my hand and official seal
Notary Public
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