HomeMy WebLinkAboutAgenda Bill 4.C Part 1 07/14/2003r
CITY'
1� CALIFORNIA - I
l '
AGENDA BILI, � � � 2003
:AgendaTitle t�.i
Meeting°RateJuly�14„2003
usseon"And Intro,ductio adm Of An Ord
Disc n, �(Fiirst,'�°Itemance
g)
I
pp:rovin A. IDe�elo merit A° reeme With Basin . Str. t
g p g nt ee
M'
_eeting'Time 3:00 PM
roperties And Appywving a 'Resolution Adopting a Mitigated
NJ' ative Declarh-6—Thereon'
Cr9n
' 1�c I3ea
ate or x P„ub .ur
Dbartrne
Darector.;: -
Contact Pers
Phone Number:
Redevelopmenton:,,
, u1 Marangella
Paul Marangella.
778-4581 '
Cost of Proposal:Million Account Number:90.17400-9016
Amount Budgeted $4'.8 Milhon N'ame,of'°Fund:
CBD Project`Ftind. `'
Attachinents.to:A ends Packet,Item:
1. Resolution Adopting'Mitigated Negative Declaration for the TheaterDistrict
y a De
pp. g eloprnent Agreement with Basin Street Properties
e
3. Developm nt Agreement wtth.Bastn Street Properties ,
4 ,Planning',Co'mm ssion Agenda Mdterials Pertaining to The Theater District Project, 7/8/03
Summary Statement: Article 19.3 of the :Petaluma Zoning Ordinance authorizes the City toenter into an
Agreement, for'the:,development of real property.wifht any person having4''a legal or' equitable interest in such property
in order to establish certain developinent'rights: in such property.
The, _.City of Petaluma received a development application from Basin Street. Properties to undertake a "Theatre
District Project, '. 'redeveloping the downtown I,area, South. of B Street;; ,East of, Petaluma Boulevard,; West of the
P,etaluma ,R=iwer; and North of D`.Street�., 'Tlie: appl"cation also includes ihe� redevelopment of the West sideof ls`
Street South of D St reef; The proposed de.velopmeni is consistent with the recently adopted Cential Petaluma
Specific Plan CPS`P
P ( )
mor
vec; that a_ nths, City officials, and Basin. Street Properties- hav6,met'to consider the feasibility of the
ro "ect. t wase determined that without' the assistance of the Petaluma
�. without' iurna Community Development lCOn1mISSlon
(PCDC) theproj'eet would not be financially,feasible. It was further determined that the ,proposed project would
eliminatesignificant ,amount of blight, consistent with the objectives •of the :•PCDC,'s Central Business District
11 (y ) eevgieilopment Plan. The projeetwill, prowideca substantial bereft to the CBD:'''Redevelopment Project Area
b adding,significant increase in property tax increment, enhancing the retail vitality of the area, and creating a
vibrant <24=hour use of the downtown core. .Inside this context; City officials and Basin Street Properties have
"determpmpnt p greement inappropriate for the project ,The Agreement will provide for the orderly
that a nn't
phasedidevelopmeof the,ro ernes in accordance with the ob ectwes,established in the General Plan, the CBD
:, Redevelopment,Project Area Plan and the CPSR Moreover, a development agreement; will eliminate uncertainty in
I
planning for and securing orderlydevelopment fo_ r the .project, ensure entitlement of the maximum efficient
. utiliza ion.ofresources within the City., ”
r, `.
�
'
Ther efore the u
p rp ,this item is to approve a resolution ado ti -
ose of P g
n a in negative declaration :for the
project, introducethe:,frst,reading of an ordinance approving a development agreement with Basin. Street Properties
and ass the ordinance to a` second readin G'on Au ust 4, 2004..
Recommended,citv,Cound]Action'%S.0 ested,Motion: '
t is recommended that t CityCouncil; 1 Approve a Resolution Adopting, a Mitigated Negative Declaration and
ado tin the findings mmend Planning Commission("r.'egardmng
P g. g o ed b the
y the Mitigated Negative Declaration, 2.)
Introduce an Ordmance:Approving a Duel th''Basin':Street Properties, 3.. Adopt the Ordmance
p ) p
with -,the Findings Recommended by the Planri ng Commission Regarding
arding the Development Agreement and Pass it to
Read] ”
a,Second ng/on August 4, 2003.;;
�J a r::
:., d nanc ', ,;ir_ecto
. Rev ie8ved.,b� City Attor' ,
ne`a
Date:
Approved,bv Cite Manager:
Date:
te;
.� odav's Da
Revision 4,, and Date Revised.:
July 3, 2003 .
]�F�ile..C.ode
J
CI Y, 0 Y, PETA' UMA,,1 CALIF®I2NIA
July 4,
2003..
AGENDA RE P�_ _RT :
DISCUSSION ANI) INTRODUCTION, (FIIZS'I'! I�EADIN;G) OF AN ORDINANCE
APPROVING A,' DEVELOPMENT AGIZEENIENT TI3 BASIN >S'PRIEET
WI
PItOPERT'IES AN APPROVING
A RESOLUTIONADOPTING A M"ITIGAT'ED
NEGATIIVE;I)ECLAIZA'I'.ION''I'4 E 0'N'
EXECUTIVE SUMMARY:
�devel'opmerit of,real propertyw' � ,y �• n Agreement'for�the
Article 19 3 Sof the"Petaluma,Zonmg� Ordinance authorizes the Cit to enter, into a
ith anyLperson having a legal or.equitable interest in suchpoperty in
order to estAli"sh certain development rights in such property.
The City of Petaluma received' a development application from Basin Street Properties, to undertake a
"Theatre District .Project," redeveloping the downtown area South. of B Street, East, of Petaluma
Boulevard,:,' West" of"the Petaluma River;' and North of D Street: `.The application .also includes the
redevelopment of the Westsideof 1`5`' St eet;'South of D Street.,. The proposed development is consistent
with the recentl ado ted Central Pet
y;.. p aluma' Specific Plan (CPSP)."'
Over that past several months, City officials and Basin Street Properties have met to consider the
feasibilDevelopment tComrnisct n out, the: assistance of the .Petaluma. Community
PCDC the project
ect
p ro ect. I (!Iwas d) termiped thatwoul'd
Y p ) with
not be financially feasible. It was further
determined -°that the proposed project wmfi
ouldeliminate a sigcant,ainount of blight, consistent, with the
objectives' of the PCDC s Central' Bus"iness, Dismct (CBD) `Redevelopment Plan. The project will
provide a ;substantial benefit to,, the.,CBD Redevelopment Project Area by adding 'significant increase in
f� property tax increment, .enhancing the:"retail'vitality of the area- and,creating a vibrant 247hour use of the
downtown core.-I.nside this conte`xt,' City off ciaN` and Basin Street P`rop'erties have determined that a
Development � erti sin �a�cordance with the ob ectves�es will provide. for the orderly
p Agreement
phased develo tent of the ro'`
eve o rnent A cement is appropriate.
., Ph p- p p ) c . tablished °in the General Plan,
the CBD Redevelopment. Project, Area -Plan, and. the CPSP. .Moreover, a develo rnent agreement Bement will
-p
ntitlement ofithe maximum efficient utilization "ofxesou'ordjr;erl'y devel'opment for the project; ensure
e ri for and securing Y p
ices witliiri the City: '
eliminate, uncertainty -,.in, ant
a't
Therefore, the purpose of;this item.is to approve a resolution adopting;,a initigated negative declaration
j forthe prol'ect, introduce the first reading of an ordinance.,approving laAevelMment agreement, with
Basin Street.Properties and passtheordinance to'a second reading ;on August, 4' 20Q4.
Background:,
Development Agreement:
Article 19.1 of the Zoning
' d'nance (Development- Agreements)
ents) st
atesthat Development Agreements
maybe -usedm�any.zomng,dsrict authorized by the Zoning Ordinance. Said agreements are considered
a combinmgzone wrth the exsting district, ct and theirapproval
shall be a legislative act, subject to
referendum., The City'may enter into an agreement with any person"having a legal or equitable interest
p p y - the development of such property, so long as such person's interest entitles him to
in real " ro ert for
engage in such development.
As Zoning-' Ordinance, "of 'the
noted in the,-. a Development Agreement. -specify the duration
a
agreement, the permitted uses of the property; 'the density or intensity of .use, the maximum height; an
.,
size of the proposed buildings,, and provisions for reservation or dedication of land ,for-public,ourp'oses,
The': Development Agreement may° include `,conditions,, terms, , restri'ctions, and requirements for-
subsequent discretionary" act ions, provided, that.such conditions, teems, resi ictibhs_and,requ re.ments for,
the subsequent discretionary action's shall not. prevent, develolpment'�of the land- uses,, 'to the density or
intensity of,development set.forth in the,agreement. The agreement-may provide, that, construct ion,shalII
be commenced within ,a specified time and that. the project .or any, �phaser thereof 'be cornpleted within 'a
Article19.3 of the Zomng Ordinance, there, are findings that must be
speciftedmade
me. In amentA c
a
for Develo Agreement.,,
p In t
The attache d Draft Development Agreement• (DA), between,. the City of Petaluma ,and Basin Street
Properties, outline the .responsibilities of each of the. parties,; the City and .Basin Street Properties, under
which the Petalurna, Theater D'istncf Project will, be developed'.'.. In:short; the agreement stipu_ Tates' that
the City will be responsible for rehabilitatingthe; street system :(streets, curb, .gutter, sidewalk)', installing
new underground utility ,infrastructure where necessary; and installing the improvements outlined in'the
Crty'of Petaluma Streetscape Master Plan:. Basin„ Street Properties is responsible for constructing and;
t
g p g and long-term tn'aintenance,.�, a new 4 1'evel`
nasud
'
arage .and i othler mp` rovemlents tailed lnty ,parking
g they .project proposal.. :They Specific, details of this
•
agreement; and:the long-term res ponsibilities., arecontained in;the Development Agreement.
„
Protect' Components
The,• P,ro "the Ulowin be
ect ;consists of all to;
undertaken on the property J g; p p y rn accordance with'"the3Master'
Plan and the Conditions .of Approval`:
• Cinema Pr'ojeet: The design; :development and construction on. the Cinema Parcel of a twelve
screen cinema complex developed. in an "'Art Deco" architectural: style•,
• Office:'Project: The' design, 'development and-:construction ,on the Off'cea Parcel of a 50;000 square
foot 3.=story office• building;
•, 'P,arking Garage:, The ,design, developmen`t'.and construction on.the Garage-, Parcel of a parking
,garage.containing at least,5,30 off-street parking spaces in,-four levels of parking over .30,000 square
=feet of ground floor commercial space;.
® Mi,xe'd,Use Project; The design, development and construction�on the Mixed" ;Use Parcel of mixed
use project consistingof4,000 sure feet of grourid ''flbor. :commercial space ;and 78 sresidential
units intwo.,buildings forining an interior courtyard;.
• Apartment ,Pr, q f0t:; .The design, develo
_ pment, and construction on .the Apartment Parcel of a one-
hundred�,eleven unit apartment comvlex; and
P
® Smprovnelme vements; The design, development `and..'installation of related landscaping and 'site.
Project Phasingy ;.
The project will be.,developed,in phases; as follows;
�Phase. A: Cinema and Parking Garage
1. Estimated Commencement'Date `- November 15, 2003:.
2. Estimated Completion Date: November 15, 2004
Phase B: Riverfront Office Building (Bar -Ale)
1. Estimated Commencement, Date:. May 1, 2004.
2. Estimated Completion Date: May 1, 2005
Phase
verfront Residential Apartments (McNab)
r Estimated Commencement Date: May 1,, 2004.
2. Estimated Completion Date ,November -.1, 2005
Phase D:.. esidential/retail buildings on Petaluma Boulevard Rose,
g (Rose)
1. Estimated Commencement Date: April 1, 2005.
2. Estimated Completion.Date: December 1, 2006
The construction of the first portion of the project will includ&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
P
.anticipating..y g hases B P nd C concurrently.
tly. with. Phase A, but the ultimate
decision- will' be
drivenb constm ketnconditions re -lease activrt 'and 'other factors. Similarly, the
developer is also anticipating .constructing `Phase D after Phases .A, B an,d-C have been completed, but
the ultimate'decision will be driven by market conditions; pre-leage, activity, and other factors.
Development Proposal
The proposed project is,located within the downtown of.the City of Petaluma. The subject parcels of the
proposal are also`located within the boundaries of the Central,''Petaluma Specific Plan (CPSP). Portions
of the subject parcels are also. located within the Downtown Historic District. The subject properties are
paved or
either p contain buildings, that; may be removed,.moved- or, saved.
,
The subject property, which is the proposed location of the cinema site, is, at Petaluma Boulevard South,
"`C"'aind 2"a'Streets: The parcel is currently developed with am'exi`sting buildin-'and associated paved
The ro property is the site of the former Victory,Chevrolet. • T
parking. p P Y he existing building is currently
being renovated for commercial type_uses. A portion of the' existingstructure is proposed to serve as an
7
i addition to, the proposed theater. The subject parcel is surrounded by other commercial uses and is
adjacent (east) to'a new mixed -used (residential/commercial) building under,construction.
The subject parcel for the proposed. mixed-use (residential/commercial) building located at Petaluma
Boulevard S'outh,' "C", `.`D" and' 2"d Streets is currently developed with an auto body shop, auto -detailing
shop, and is the location for continuing education classes .for adults -..-..The subject parcel is developed
with associated parking for thecurrent uses and contains 5 buildings, all of which are to be demolished.
The Petaluma Fire Station is to the east of
_ the subject parcel; a vacant parcel is to the south across "D",
and other commercial uses are in the area.
i�i
The proposed parking structure/commercial building to be located at "D", 2"d, lst and "C" Streets is
currently developed with an existing livery. stable (corner of "D" and 1`s`); which is to be relocated, the
trucking scales :and small scales building, -which is to be ,demolished. The. Petaluma Fire. Station (corner •
"D" and 2"d Street) is adjacent to' .the proposed parking structure. There is currently under construction
mixed' -use (commercial/residential, Basin street Lofts) structure to the north of the subject parcel.
'The proposed office building, to be located at lsc and "D" 'Streets is the former'
Ale site, which
burned down. This subject parcel. is located adjacent to the Petaluma River (east), and north -of the P_ G..
E:. Substation. The parcel is nearby commercial/industrial, uses.. Industrial uses are_ east of the
PetalumaRiver.
P J sc ( st " s,
J deniial/commercial projecton 1 between 1 and F" Street) ilocated
The proposed mixed-use (rest
adjacent to the .Petaluma River; which is -east of the subject parcel., The site is located near
cornmercial/industrial type uses and is developed with, old metal warehouses. With. the exception of one
of the metal warehouses, all. are:to be demolished see Attachment D . Locati'
- � on Map).
The proposed project,(referred to, as the "Petaluma Theater District: will be a mixed-use picject
within existing Downtown Petaluma.. The subject parcels are generally between "B", "C% "D"% 1st, 2nd,
.
and F Streets, Petaluma Boulevard and the .Petaluma River.The subject; parcels are within the,
boundaries of the Central Petaluma Specific. Plan (CPSP). Basin Street. Properties (the project developer)
.is requesting approval of a Development, Agreement ,(DA) and an Owner Participation Agreement
(OPA) with .regard to,' the project. 'These agreements govern; among other things, the timing of the
development-, of the project', fundin an gProperties,
P p j g d' other obli ationp with Basm Street the City of
Petaluma ,and the;..City ,of Petaluma Community Development Commission .(PCDC): The project .
includes an amendment to the, proposal City's Zoning Ordinance that would establish a designated.. area
in the city, where movie theaters are permitted. The main ,focus'of the.mixed-use proposal will include a
new 12 -screen cinema and. parking structure: Other uses within the proposal, would allow for: national
and local retailers; .,restaurants focusing on both daytime food service 'as well as evening fine dining;`
office space; and, residential, uses in the 'form of apartment and loft style housing. Below is a specific
description of'each of the blocks to be, developedwithin the, proposed project boundaries:.,
. r
Theater.
A new ;12 -screen; 1,400 seat theater building located on the south side of Basin Street Town :Center
(formerly Victory Chevrolet) at the intersection ,of C Street and Petaluma Blvd. The concessions and
lobby for this new theater will be accessed directly from "C" Street.
Size: 22,720 square feet, .12 -screen, 1,400 seat.
Height: 30 feet,` equivalent.height, of 2 -story building
Garage
A new parking garage on the 'site .surrounding the; Fire Station consisting of 4 suspended. levels of
parking over 30,000 s.f of ground -floor commercial space. The
p ground :floor..space will face; and .,
provide commercial building frontage: along l s`, 2"d"C"
' and "D" Streets. The proposed development
will require the removal of the existing truck scales and. scales building In addition,. the existing livery
stable at the comer. of VSs` -and, "D" :;Street, is proposed to'be :relocated from 'its present location to a. -site,
.
that is.approximately 1,000 feet away on the east side. of•the Petaluma River: --
Commercial Space Ground,Floor: 3.0,000 square feet (office, retail or commercial)
Height: 4 suspended levels at 50' feet; equivalent height of 3 -story building
Total Pa_rking,$paces: 530
16',' Free Public'Parking Spaces
• 143 Reserved Residential. Parking Spaces
-
• 171 Reserved Commercial Parking Spaces
530 Total
..:. .
Basin Street Properties will operaie the Parking Garage:seven days pa `r week from 6:00 a. .-. m. to 2:00 a.m.
and will ensure''that the Parking Garage is at all times maintained in'good-. condition and, perform all
necessary repairs and maintenance at its sole expense.
Theater Square
\ Anew' mixed=use project on the corner of Petaluma Blvd: and "D".Street (former Autow,orld site)
consisting' of 46,000 square feet of ground floor commercial'spacIe facing "C' Petaluma Blvd., "D" and
2nd Street and 76 residential units on the second and third floors. The proposal includes the removal of
all of the existing buildings on the site.
Size: 46,000 square feet ground floor commercial space
76,�residential units on 2"d ,and 3rd floors
Height: ,38 to 40 feet;.3-story• buildings
+ Waterfront Building
A new 49,909 square foot 3 -story riverfront commercial building.located on the former Bar Ale building
site at, the comer ,S` andStreearchitectural, y m gi of this new building will be
reminiscent. of he former metal` wDa rehouse building that was"formerly
located on this site.
' Size: 49,909 square feet
Height: 53 feei, 3 -story building
Amenities: Riverfront path improvements with public connections to "D" Street and along River
River,Row'Apartiments '
„
A -new l l I� unit xiverfront a artment complex on I" Street `between "D" and. "F Streets. This n
' P P ew
development will include the rehabilitation and adaptive re=use of an existing warehouse (the one closest
to "F" Street.
Size: 11 L .dwelling units
9,000 s.f. Rehabilitated warehouse ry g
Height: 3-story.buildin s between'D :and E Streets 4-sto bui,ld'in s' between E and. F
Streets
Amenities- New public access to and along the River in addition to' a new public open
space area at the'•terminus of "E" Street adjacent to,the River.
Theater Distriet'Combining Ordinance
A major feature of the project is a 12 -screen cinema. A developer precondition of the cinema
construction is'to have a'Theater District. Combining Ordinance; that limits the development of cinemas
to a designated downtown area. The proposed ordinance is being considered as another item on the
agenda.
S
3
Environmental Review
Pursuant to the requirements, of 'the California Environmental � Quality Act.(CEQA),an Initial Stud,, - o
,
potential environmentalimpacts was prepared; Thepotential, for the following significant impacts wer
identified: traffic/circulation and cultural resources.' Mitigation measures .have been proposedand
agreed. to by the: applicant that will reduce potential impacts ;to less than significant. * in addition; there is
no substantial evidence that supports a fair argument that ,the project, as mitigated, would' have a,
significant effect on,the environment. It, istherefore recommended that a.,Mifigaed Ne at ve
Declaration be adopted; A Mitigation Monitoring Repqrt has also been prepared.
Subsequent*, Actions if Project is -Approved
• Historic and Cultural Preservation Committee 'Review and Approval (,includes. review of a
Certificate, of Appropriateness)
• Improvement Plans
Building Permits
Public Comments
• Notice,: Notice was given as required by Government Code, Sections, 65854, 65,854.5..and ,65856
• Letters,:. At the writing of this, report, no letters-bave been received concerning theproject.
FINANCIAL IMPACTS:
Development Costs &, Tax'Increment
The overall project development, cost is estimated, at V5,000;000. This is in'a ti
ddi on to Basin Street
Landing, which is currently under construction, with, anestimated value of'$20,000,QQO.',.
The, 'proposed ; Development Agreemen t provides- that. the Petal u*ma; Community Development
Commission will finance the., public improvements, associated with the Town Center Project-, including:
roadway and sidewalk construction; track work; sigbalization; sanitary sewer and storm drainage.
facilities; '-water utility lines; underground electrical and telephone ;facilities; underground gas utility
•
lines; streetlights; and landscaping: and, ifrigation. Additionally,, street terminus features' &
im rovements are lannedat C Street &.l 'Street.
P
The City of Peta'luma/PCDC is designing;
currently gning,the infrastructure improvements but will require the
developer, to, construct: the improvements. The Overall PCDC contribution to the projecti's, as follows:
l�l
e PCDC Contribution for Developer Sha re.of Public4riffa structun $4.8 Million
9 PCDC, Contribution for City Share of Public Ififfastrup.ture:, $2.7 Million
Total Estimated Public Infrastructure Cost:— $7;5 Million
The PCbC, Central, Business District Redevelopment :Plan 'is f1hanced by
propert-y'ax increment. FY
200-04 Estimated Property, Tax Increment for thet. CBD $679,000; As a result of -this project,
is.
,additional property tax increment in excess of $500,600 is, anticipated.
The FY 2003 -04 PCDC Budget.provides $4.7 million for -the: project..
el
I
�? 4 CONCLUSION:.,a
�y+ 4 The City of Petaluma and Basin Street Properties have the opportunity to partner in the, implementation
of the Petalurna,,.Theater Distr'IctF Project, thereby redeveloping and revita izing a significant portion of
the Central. -Business pistnct: Without
underutilized A development; agreement w 11 prow de thle assurancees necessary
gill, remain blighted and
it ssar for 05' 000 000 in new
development to •ocCUr'..
6. O.UTCOMES:OR.PERFORMANCE MEASUREMENTS THATWILL IDENTIFY'SUCCESS OR COMPLETION:
to
Adoption
e tmnn Novof ember
.
g ber 2003 and end on lopment Agreement will allow construction on the project
December 1, 2006:
It is recommended that
7. REC ON
,
OMMEN
DATI
Appro e a1Res 'I" t on Adopting a Mitigated Negative Declaration
y I ,
I� 1 )'" and Adopting
the ridings Recorrim
A egaf' ended by the Planning, Commission Regarding the Mitigated
N
five,Declaration'.- „�
2.) Introdub Ordinance Approving a Develo
Propment Agreement with Basin Street
Pert es
3,.) Adopt, the Qrdmaiice with Findings Recommended by the Planning Commission for
the'Development Agreement with Basin Street Properties and Pass it to a Second
II
Reading'on Aug
ust.4, 2003.
I „
R
RESOLUTION NO..
ON
RESOLUTIO
A � ' � F'TIIE CITE' COUNCIL'OF THE CITE' OF PETALUMA ADOPTING A
MITIGATED NEGATIVE DECLARATION PURSUANT
TO THE' CALIFORNIA ENVIRONMENTAL QUALITY ACT`.(CEQA)
FOR THE PETALUMA THEATER DISTRICT PROJECT
WHEREAS, Basin Street Properties submitted' an:application for approval of a mixed use project within
0081g ma, and within the boundaries of the Central Petaluma Specific Plan Area. (APNs:
065-002 & 003;0168"-Q66-002,' 003,006, Q07 &:'009; 008-068-061, 062,"&'003-008-121-001, 008-121-007,
1008, 009, 010, 011 and 012); and
,I
WHEREAS, the Planning Commission held a public hearing on July_8, 2003, wherein public testimony was
taken; and
1WHEREAS, the Planning Commission recommended approval of the Mitigated Negative Declaration; and
`1 WHEREAS, the City Councii/PCDC held a public hearing on July 14;.2003, wherein public testimony was
taken and the Coun.cil/PCDC determined that based upon -'the Initial Stud and comments received, y ce ved, potential.
impacts could be avoided or reduced to a level of insignificance by mitigation measures.
#NOW, THEREFORE BE 'IT RESOLVED that the Cit of
City Council the' City of Petaluma hereby finds as
.,follows:
Findings for a Mitigated Negative Declaration:
1. An Initial Study- was prepared for the Theater District Project proposal and demonstrated that
there is no substantial evidence that supports a fair argument that the project, as conditioned,
would have a significant effect on the environment.
2. That based on the Initial Study, potential impacts resulting from the project have been identified.
Mitigation measures have been proposed and agreed to by'the.applicant as a condition of project
approval that will reduce impacts 'to less than significant. In addition, there is no substantial
evidence that supports a fair argument that the project; as conditioned. and'mitigate, would have a
significant effect, onrthe env.ironment.
`
pursuant°to �Se'ciion Waste Site List compiled by the State
6596.2 5 of the California Go ernm nt Code. 3. The, ro ect is n
t'
4. The Petaluma City Council reviewed the Initial Study and considered public comments before
making, a recommendation on the project.
5. That
a Mitigation Monitoring. Program has been prepared to ensure compliance with the adopted
mitigation measures.
6. The record'of'proceedings of the decision on the project is available for public review at the City
of Petaluma Planning Division, City Hall, 11 English Street, Petaluma, California.
11
7. The .Petaluma City Council finds on the basis of the whole record that there is no substantial
evidence the project will have a significant effect on the environment and the Mitigated Negativ
r
Declaration reflects the lead agency's independent judgment;
BE IT 'FURTHER RESOLVED that the City Council. of'tk City- of Petaluma, in reference to .the- potential.
`impacts identified in the Initial Study, hereby adopts the. Mitigated Negative Declaration including the
;following mitigation .:measures to be attached as conditions of approval' for the Petaluma Theater 'District
Project.
Miti ation Measures and Monitoring'
Geology.and Soils Mitigation Measures
The following mitigation measure from the CPSP EIR ,(I3-4) 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 Development/Building 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 Division, the City . .
,may require a geotechnical engineer,or engineering geo logists_ certification
that ground failure risks have been reduced'to an acceptable level.
Air -Mitigation Measures
The following mitigation measures 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.followingdustcontrol measures shall be
implemented by construction contractors during all phases of construction:
• Water all active construction areas at ;least twice daily-
ip
Pave, apply'water three times daily,, onapply. (nontoxic) soil
stabilizers on all unpaved. access.roads, parking areas''and staging`
areas at construction sites.
• Sweep daily (with water sweepers) all paved access roads, parking.
areas and staging areas at construction sites:
• Sweep streets daily (with water sweepers) if visible soil material 'is
carried onto adj acent: public streets.
• 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.)
II
G
Limittraffics
-
peeds u
.on npaved roads to,l5mph.
•
Lrnit'°,tr<affic's
peeds on unpav ed roads toi 1.5m h.
• ' Re lant vegetation, in disturbed areas :as quickly as possible:
2Where applicable the .following emissions N"control strategies shall be
implemented by the developer as a component of the project
elimprovemeraccnant and developer
„ dev popment/ _ .p its. Where, p.tiP
al, the tenant
shah p rovide' the necessary dans and/or im "rovements to achieve the
goals set forth in Mitigation Measure 11-2 of'the CPSP ETR
Hydrology.and Water, Quality Mitigation Measures
wing mita papton measure from the CPSP EIR (12 1) is repeated below
The folio
hep_ td dct development plan
1. Prior to-issuanc
d will be a lied to;,t
reply with,all's atereg onal and Crty r
p e of buildiri adn ennrts theproposed
y arovr�ons andhwhere Ater quality
p _required under adopted San Francisco Bay Regional
Water Quality Control;Board (RWQCB) regulations. (a) file with the
Q, a Intent.to com 1 with the.,Statew de General Permit
RW CB' Notice of p y
for �Construction Activ'it`ies, (b)..prepare.and implement aproject-specific
Stonnwater Pollution Prevention Plan including an erosion control plan if
onitonn
grading is involved, (c)',impl'ement a m g;;msppcti h;,and
documentation program to assure the effectiveness of control. measures, (d)
obtain or comply with existing General 'Stormwarer Discharge Pennt(s)
for Industrial Activities,;where applicable, and (e) comply with NPDES
a" Phase 1L non -Point Discharge program.
Noise Mitigation Measures;
The following,mitigation measures I0-1 and 10-21 from the CPSREIR are repeated
below and will be applied io the project development plan.,
1. An: acoustical. report, including warranted noise abatement specifications,
Permit rocess., Noise c ntrolttreattments'shall b:e mcogoratedilding
p g dunn the Bu
shall be submitt
rp into the
building permit plans "to reduce environmental noise to an Ldn of 45 °dBA
trea*fits�that would normal] be sufficient iv n the levels]
or less inside habitable rooms within residential "ro ects Noise con
, Y g ,. _ . _ els of
Specific Plan area noise exposures include sound -rated windows,and.
doors
,
force -air m � echanical ventilation so wndows;may, be kept closed
and -
at the
!discretion'of the buildin gants.
. occu P .. .
2, The noise'related mitigation measurest listed 'in CPSP FEIR Mitigation
Measure
1'0 2 shall,be required of all development within the proposed
project boundaries.
Visual Quality and Aesth'eti'cs Mitigation Measures
1. The development plans for the proposed project shal '1 comply with
Chapter 4 ;of the. CPSP as, amended by Mitigation Measures 9'-13 and 9-4.
Prior to issuance of any demolition/grading/building, permit, the'project
development plaris;shall adhere to the City of Pet
alumaSite Plan and
Architectural Review Committee process.
Transportation/Traffic'Mitigat on Measures
While the project is riot expected fo generate any signf cant impacts, in addifion
`to the recommended improvement discussed above_, amu_mber of improvements
are, being.suggested'to improve sife circulation and reduce the effects ofproject
traffic, at near-by:intersections. These improvements include:
1. Thef development of'a signage program for access and ingress/egress for
the: proposed ;garage; which would divert. traffic to minor intersections,
and thus reduce the impacts of fhe garage,traffic'at major intersections
,
2. Posting`.signs 'at the �intersection,'If C and,Second Streets to direct
northbound traffic to 'B. Street ror access to .Petaluma; Boulevard. This
will-mdpce traffic,. -flows on ;C Street and, improve the"operations `for drop-
-off .oand ick-uparea m front of the, cmema,vitrance.,
3. Direct -traffic to access eastboundD Street at boar Second St*eet'arid First
- ,Street'to encourage equal drstnbutiorr of'site traffic at these two locations.
By distributing traffic betyeen these,roadways; the raff'c queues which
may occur on, these streets ,to the notfh,of D Street would "not be
;concentrated at a single. access point.
4:t A.•tfaffic ,signal system shall be installed. -between Pbtalunia� Bo ' le and at
si na ,
D Street and D Street between.l and 2 : Streets,. ahow'fgr emergency
Fire truck,access'to D Street:
;
P
Cultural Resources;' Mitigation Measures,
1. guidance y ' _ istoric expert as" the Under the uidance of Care. & Co or -;such .other h
City, may deterrnitfe the'Project applicant shall be required,to" relocate:the
Livery Stable in, . a, manner that will 'fetain as much' of they existing
structure.and. extenor�materi'als as is reasonably,pos-sible. The new, site -for .
the- Livery Statile is on property owned by the Crty°of Petaluma (NlcNear
Peninsula) and it is .proposed to :incorporate; the - building. into a master
park plan that, includes walking trails; interpretive centers and other.
related. amenities. The Cit has. a eed to accept the building: ori' its
y . t P
property:
"the
e
2. Under 'the guidance of Carey & Co. or, such. other Histone •expert as
City may;detennine- the Project;applicant shall be.requ red to rehabilitate ;
'they existing warehouse building closest; to ' F". Street in a manner that wt 11,
retain as much: of the exisiing structure and exitenor materials ,of the
'warehouse as:is reasonably possible.and that s':consistent with theplans
attached to this Initial Study. In addition', the;Proiecf§hall include: a new,
f
- warehouse style apartment buildingr located on the vacant land between
such. warehouse and,' F" ,Street consistent with the, plans aftached to this;
-Initial, Study.
3. Under the guidance of Carey& Co. or. such other -historic expertas the;
"City may,detennme, `the developer shall:install an interpretafive display
,on the�side of the cinema buildingfacingY -,Street that focuses on !the
historyof transporta ' 'tion,and riverm
conerce, inPetaluma, ,with a focus on
7C'ua �the,liv' 4stable and the warehouses.along the nverfront.
qvcJJ1J�'" 4. A�1�1'.recommend'ations; fore on=site,��monitoring as ,outlined in he
Archaeological, Evaluation prepared b WilliamRoop ofArcheo.logical
,Re.sour.c,e, Service. re ort dated -April '20,03°),shall be�,adhered to.,
P,
5 Miiigoiion measures' as outlined in the CPSY E R -Mit'igati'on 7-1
�` ' �shalfbe
adhered to.
Mandatory Findings of Sj'gniiicance:
IMPLEMENTATION:
1. The 'a licant shall `
pp be required to obtainall'required` permits from
responsible agencies and provide proof of compliance:Ao the City•prior to
issuance of,grading permitsor 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.
13
3.
e� applicant shall nota a all em lo. e
Th , ,and a ents ,involved.
P Yes,; contractors g
"
the
m pro�ect'mp'lementation of mitigation measures' .and conditions
applicable to the project ;and shall ensure compliance with such measures
acid conditions. Applicant shall; notify all assignsand 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 Departmentsand the Fire
?'
Department shall review the improvement, and constructionplans for
conformance,.with ,the approved project description and` all applicable
codes; conditions, mitigation measures, and permit requirements prior to
approval of a 'site design review, improvement plans, grading plans; or
building permits. "
2.
Planning -shall ensure that Jhe applicant;, has' obtained, applicable required
permits from, a_ll,responsible agencies and that'the plans and, specifications
conform to the 'permit requirements prior to the issuance of grading or
building permits.
3.
Prior �to . acceptancei of improvements or issuance. ,;of a 'Certificate of
Occupancy, all ,improvements shall be subject to inspection by City staff
for compliance with .the project description, permit conditions, and
ap'proved development or improvement plans.
lid
13
CONSTRUCTION MEASURES':'
The applicant shall designate a project manager with authority to
implement, all mitigation, measures and conditions of.approval and provide
1
riame; address; .and phone,; numbers ,to. the City prior to issuance; of any
grading permits andsignedby he'responsible for'construction.
2. M tigat-pq measures required during construction -shall 'be listed :as.
conditions on the building or grading perrnifs and.:signed b<y .the, contractor
responsible for construction.
3. City inspectors shall insure that construction activities ',occur with, =the
approved plans and conditions of4pproyal;
:-
4. If deemed appropriate b the, Cit , the applicant' ,hall arrange apse-
. ,y y.�
construction conference. with the .construction contractor, City staff and. `
responsible agencies to review the mitigation measuresarid- conditions. of
approval `prior -to the .issuance: of grading; and building' permits.
ADOPTED this 14:th.day°.of July; 2003;'by the fol owrrig;vote--
AYES: vote;AYES:
NOES`:
ABSENT;
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:'
City Clerk Cit "Attor`ney.
I I
I
ORDINAN IVE N®_
'Introduced by: Seconded b,.,Y
.:
ORDINANCEI®F',THE''CITYp:
�I '!COL`1:NCIL OF THE CITVI;OF'"PETAI;g'11VIA APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETLUIVIA AND BASIN
STREET PROPERTIES'
I E ITw ®RdDIANE°D BY THE C;®UNCIL'OF THE CITY OF'PETALUIVIA AS FOLLOWS:
�i WHEREAS .after due,notice'the Petaluma Planning Commission did conduct a public hearing on.
July 8, 2003 ;on, the
application for a,development agreement byBasin Sfreet Properties;' and
WHEREAS
the Cit Council" of the City, of Petaluma, after due notice, did conduct a public
y
hearing:on this matter on July 14 2003;40erein allpersons desiring t'o' be, heard were heard- and
f the Cit. of-Tetaluma
WHEREAS, the y ouncill or y d and considered the attached
agreement, and determin -
the Cit C contents .of the agreement nandet '
g ed the gr
11e actions of the Planning
Commission to be complete and:,coireet and
r I
WHEREAS the att
ached) :agreem`ent �s in the' ublic interest' a�-
y; P, a
P rad is consistent with the Petaluma
General
Plan, and in ,compliance with Article 19.3 of the Petaluma. Zoning Ordinance -,,and
ti . II
I NOW,'THEREFORE, THE Cg° IYCOUNCIL OF THE'CIT, OF
I,.
P-ETALUMA-DOES
ORDAIN- AS FOLLOWS:
Section 1 The ;Cit Co, dete �f
unci'1 finds 'and
II
Y _ , � °rinnes that facts' stated above to be true and that an '
w has beet Conducted for the project resulting in a Mitigated Negative
Clar o
Dntapal proved,b the Cit ', ouncil esult
Section 2 ,The City Council further finds, with.respect to the attached agreement:
O:.II
a the Central Petaluma Se ecfic Plan anpolicies;and programs specified in the General Plan,
Sp . ,. the CBD Redevelopment. Plan.
Itis compatible�with the land uses authorized' in, and the .regulations'p escribed.for; the
I� I
zone in'which the real property is�;located.
(c)1.(will' not be detrimental to the public health, safety and general welfare.
(d),,value 1pn ac,�ordance wtO ith good development
and use racticerty or the preseivatidn of property
g p
O e blight in the Central Business District Redevelopment Project.Area..
i
it,Well elimiriat
s � p . ,,.J
'(f)will substantially b,;enefit the Central BusinessDistract Redeyelo merit Pro ect�'Area,'
I .
mcreasin ro
g
g p perty tax incrementWand property values, enharicin 'the economic vitality
of the area and,creating a vibrant 24-hour use of the'downtown core.
I , I
(g) `W'ithout;a:Aevelopmen lagreement and a companion owner participation agreement
with thelP.etaluma Community Development Commission,°the project would be
h Tnancial'1 mfeasible'Ith
. Y
The lack of certainty in e approval of developments projects can result in a, waste of
ds.Oouras,e mc�late,,,the,�cost:of housing vestrnerit and commitment rtoher developm"ent to the consumer, and
ma g omprehensieplanning which would
1 ficient utilization of resources at the least' economic, cost to the
public.,, ..
e.maximum of
.I I
I�
Y r Y pPD P y Y
Section 3• .The Cit ; Council hereb ,h4prroves then �_evelo"ment.A eement,b and between the Cit'
of Petaluma and Basin Street FProperties in the form attached. hereto and, marked as Exhibit A,; and
authorizes and directs>the ,City lVlainager to enter `into -said agreement, in the,name of the City of
Petaluma, and, further directs the City Clerk -16 . record said- agreement no `later than 10 days
after .
the effectivi.e date. of the adoption of this ordinance:
Section -4: If`any section ,subsection- sentence, clause or. ,p prase :or word of.this ordinance 'is forany.
reason held to be,, unconstitutional, unlawful, or otherwise 4mvalid by a court. of competent "
,jurisdiction; suchdecision shall not ;affect he! validity t,of the remaining portions, of this ordinance:
The City Council of the.City.of Petaluma hereby declares that it would have passed aridradopted this
-ordinance and each:and all provisions: thereof.irrespective of the fact that any one or more: of said
provisions be declared unconstitutional'; unlawful or otherwise invalid'.
Section 5: This ,ordinance shall become effective. thirty (30.) days after the date: ofAlts adoption by
the Petaluma Citff ouncil.=
Section 6: The City Clerk ;is hereby, directed, to poshi this. ordinance :for the period, anid in the manner
required by the •CitylCharter.
INTRODUCED, and ordered posted%pub11shed, this 44th. day of'July,, 2003;
ADOPTED this l4.th day July;, 2003 bythe followng',vote
APES:
NOES':
ABSENT:
The'agreement provides assurance to the' applicant;for a development project that upon
approval of'the project, the applicant mayproceed with the project in accordance with
existing, policies, rules, and regulations, and subject to conditions. of approval, will
strengthen the public• 'planning process, encourage private: participation in
comprehensive planning; and reduce the economic; costs of development'.
�) Pursuantof City Council finds.
Project, p�ovdeesubstan al beneft,ahe
Thea"terlon Di District5 o the,. Central Business
District Redevelopment Prod ect Area, ;increasing property tax Increment and property
W
values; enhancing the economic vitalit of the area,and creatin a vibrant 2' , hour use
g y g
if",
'of the downtown, core-, The City Council further finds -that Without a development
agreement and a companion owner participation a eement with, the Petaluma;
Community Develop rnent�Commission, the project could not •built- The City, Council.
further finds that ,substantial- blight will b`e eli inated by°the project; Therefore, the
Cit Council finds ;and determines; that a Develro
,, pnent;,Agreement is appropriate; for
.
the ro`ect.,
P
Y r Y pPD P y Y
Section 3• .The Cit ; Council hereb ,h4prroves then �_evelo"ment.A eement,b and between the Cit'
of Petaluma and Basin Street FProperties in the form attached. hereto and, marked as Exhibit A,; and
authorizes and directs>the ,City lVlainager to enter `into -said agreement, in the,name of the City of
Petaluma, and, further directs the City Clerk -16 . record said- agreement no `later than 10 days
after .
the effectivi.e date. of the adoption of this ordinance:
Section -4: If`any section ,subsection- sentence, clause or. ,p prase :or word of.this ordinance 'is forany.
reason held to be,, unconstitutional, unlawful, or otherwise 4mvalid by a court. of competent "
,jurisdiction; suchdecision shall not ;affect he! validity t,of the remaining portions, of this ordinance:
The City Council of the.City.of Petaluma hereby declares that it would have passed aridradopted this
-ordinance and each:and all provisions: thereof.irrespective of the fact that any one or more: of said
provisions be declared unconstitutional'; unlawful or otherwise invalid'.
Section 5: This ,ordinance shall become effective. thirty (30.) days after the date: ofAlts adoption by
the Petaluma Citff ouncil.=
Section 6: The City Clerk ;is hereby, directed, to poshi this. ordinance :for the period, anid in the manner
required by the •CitylCharter.
INTRODUCED, and ordered posted%pub11shed, this 44th. day of'July,, 2003;
ADOPTED this l4.th day July;, 2003 bythe followng',vote
APES:
NOES':
ABSENT:
K
AtWhment3
Development Agreement with Basin Street Properties:.
i,
OFFICIAL BUSINESS
Documententlitled to free recording:
Govemmer t Code-''Section 611,03
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Petaluma
11 English Street
Petaluma, CA 94952
I
Attention: Mike Bierman "
City-Manager
SPACE"ABOVE THIS LINEFOR RECORDER S'USE
DEVELOPMENT AGREEMENT
h by ant hPtwPPn
;�-, 2--
r,
r
WROW
TABLE,OF,CONT ENT$
d
Pa . e s
RECITALS'
7-8
AGREEMENT
1.
Description of, Property.
8
2.
Interest of DEVELOPER.
g
3.
Relationship of,ClTYpand DEVELOPER,`and,AGENCY.
8
3.1 -
8
3:2Coo eration,Mh Redevelopment,Agen
p cy:
9
4.Effective
Date-�and 'Term.
g
4.1 Effective Date.
g
4:2 Term
9
4.3 Termination Upon Issuance of Certificate:
9
of Occupancy,
r
4.4 Optional Extensions.
g
5.
Use of the'Property,
g
5.1 Right to. Develop.
g
5.2 Permitted Uses.
40
5:3 Additiori`al "Conditions:
1.0
5.3.1 Su tsequent Disoretionary Approvals.
10.
5'.3:2'Miti atimConditions .`
9
1.0,
5 3.3 ; Phasing,Jiming:
5.3.4 Finaricing Plan..
10
10
_
5.3.,5', Fees, Dedications:
10.
6.
Applicable Rules Regulations and Official Policies.
11
Rules re Permitted, Uses.
11.
6 re De„ g
naicabletruction.
11
6 Rules
rn Codes A
. nifor pp
11
L
7.
S"Rules and
7 1bse: NewlRu es and��RegulationRegulations
11
T.2 Approval of Application: =
11
73j' Moratorium Not Applicable.
12
7.4 Timingof Development. � � �
12
8,
S'ubseguenily Enacted or Revised Fees Assessrnents and
12
Takes.,'
'
City of Petaluma
7/7/03
I,
;�-, 2--
81 Exactions, D' icafions: 12
B:2 Revised Application'Fees: 12
83 New Taxes: .13
$,4. Assessments. 1.3'
`8:5 vote on FUtute Assessments and Fees.
�
9. Amendment or-Cancellation: 13 !
9:1` Modification Because of Conflict with State: or Federal 13'.
Laws:
92 Amendrnentby,Mutual Consent. 13,
9 3Insubstantial Amendments. IS
9.4:
Amendment of Project Approvals: 14
95Cancellation by Mutual Consent: 14
1,0: Term of Proiect Approvals.
1:4
1T Annual Review:. 1'4:
`11:1 Review Date. 14
11-:2 Initiation of Revi6*, 1, 1'4
11.3 Staff-Reports: 14
11:4 Costs: 15
12. Default. 15 `
12.1 Procedure;Rega�rding Defaults:. 15:
12.1.1 Notice: 15 �..
12.1.2; Cure: 15
1'2.1.3 Failure to Assert'.. 1:5
12:1.4: Payment of Money:, '; 15
12.1.5 Notice of Default.: 1:6
1''2 1.6Proceedings. 16
12 1.T Annual Review:: 16
1:21.8 Termination; 1.6
12.2 No Damage&Again'st CITY 16'
.
4'3: Estoppel` Certificate.' 17'
' 14. M .
ortgagee Protection: Cestan Rights of'Cure. 17
1:4.1 Mortgagee; 'Protection.
1.7.
14.2 MortgageeNot Obligated: 17
14;:3 Notice of Default to Mortgageean,d'Exfension : 17
of Right`to Core.
.Severability: 18'
16. Attorneys` :Fees: and ,Costs. 18
City of;Ntaluma
7/7/03'.
'L 3
rj:
Mf
1 JI
17
'!Tranan�
dAssinmets
18
1171 Developer' Right to Assign
18
17.2 ReleaseUpon Transfer:
19
173 Developer's'Right'fo Retain Specified Rights
19
or Obligations
18:
Agreement,'Runs4'with .the Land. "
19
19.
Bankruptcy:
20
:
20.
Indemnification._
20,
21.
Insurance
2_'1' 1 PubhcLrabdity and' Property.Damage Insurance
20
21.2 Workers Compensation Insurance'
21
211.3, Evidence of Insurance! "
21
22.
Excuse for Nonperformance.
21
r
.
23'
Sewer and Wa ter•.
21
24.
Notices.
21
25.
Recitals.
22
26.
Agreement isEntire:Understanding:
22
27.
Exhibits.
22
28.
Countetparts:�
22
29:,
Recordation.
23.
1
Exhibit:A
25
Exhibifi.B.;
26.
.z 9
di p ;� w ori i
G
,,, , �j,DEUELOPIViEIVT''AGREEnAENT '
THIS DEVELOPMENT AGREEMENT this A re
into, thisl,," ,� ' ( „ g C TY t") is made and entered
municipal co po at on:(hereinafter.;" y a and B/ASI'N STREET PRO TALUMA, a
3 b nd between the . E
F
City`), PERTIES, a
C §§ rnil
Ja cor oration. hereina, le t0fer e'd to as Basin Street .p ° the. authority
ursuant.tq
of 6586.4 et seq of the California.Government Code and. the Municipal'Code of the
ii
� CityibfP,etaluma,.,
RECITALS:
A California
Government Code:§§ 65864 et seq':; and Article 19:3 of th'e'
Petal„ ,lu"m'a ZN,
re , h,e,T�ne;na ,. Agreement
g efor the
f"Irt 'tany ' personhavngalegoeqtbeint erest mevelopent opropeyw
°- '-'gnh rty° and° such;property m-de"to establish.certain'developient`ri•
B. The Cty!of Petaluma has, adopted the Central ,Petaluma Specific Plan
and the levelopment of the 'Property which is the subject,,of this Agreement is
consistent with the Specific Plan; and
C. On, May 2.1„2001„ by!,Resofution. No. 2001 103 N:;C:S., the City Council'of
the ACity.,of Petaluma certified an Envir'on`mental Impact Report#or the Redevelopmen.'t
j heti Plan and EIR. pOn June 2 20` nt
with the terms �of such���Redeveloprnent
Y
an. he su t of this'Develo meet A reement is-consiste
No. 2003403 the CITY certified an EIR on the Cent etalu 03 b ' Resolufion
I'
Specific Plan and the EIR provide for the-development'of Pr Specific. Plan: The
�• P the Project -which is the
subject of this,Development,Agreement and the uses, .densities., intensities, and scopeof .
R sol tiodevelopment
No 12001- the Cl,
Y adopted aSM tea n July, 14, 2003 by'
con ” therewith. O
p this g ted Negative Deciaration for the
jescribed in Agreement equeht or
deuelopm No subs
ent of the Pro ect d
21p66 of the IPulblc will
R souec`esrCode further enttlements'unless mandated by Section
q
' i "develo �ment f h . pa hies hereto have determined'that the ;Protect (as defined below) is a
P g ppropnat_e. pment of the
p c a develo " dnt agreement is a Develo
Project in accordance- with a development agreement will provide for the orderly phased,
deuelopmen# of the Property;in accordance with the objectives set forth m the General
^ ° ,Plan, the R"edevelo me ct lan�ian 'the -specific Plan. Moreover; a devel00-in ent
G p ,' ntP d
agreement.for the Proje'will eliminate uncertainty in planning for and' "securing orderly
p J ,,ation of
� � • t the leasttec ment of, the: maxi'murn
rdevelo ment of U , efficient
the CITY a rM ach eve the
" prov :i, f public services, public.uses;'urban' infrastructure and other goaland
r
Y, Y g p 9 yd,, all in the promotion
en Development -A reement Act was enaate
,p p ses or which the Develo m
f the health, zafet and eral welfare of the Cit of.Petalumb�iand .its residents. In
exchange for.these and "othe"r,benefits to the CITY, DEVELOPER and its successors
and "assigns will receive the assurance that they may develop'the Project during the term
" of this,„Agreement, subject to the'terms and conditions herein contained.
;Crty'of Petaluma
7/7/03
14
E. This, Agreement doesh0t�(1) grant density or'int ensi it" of Use in excess o
.- Yr , f
that otherwise established -in,the Specific Plan' orprojector (2)) 'guarantee to
DEVELOPER -or-any other partyany ecqi,h0m-'ic b6turn. from the Project.
F. Asia result f'the development ofthe.Plrooerty imaccordance with this
Agreement,s
,the --CITY will rece-iVe-.su'b- substantial benefits:: Such benefits Will include,
among ,,6th'e,rs,,,the f6llowi,hg: increased.salestax revenue, increased ,
property tax
revenues; the addition of., a downtown parking garage open'to the, public,, the
revitalization of downtown' PetaI.Oni;�l'by'meahs.:of the development and operation of the
Project on the Property, a.hd'-!additionalemployment: oppor"tollhit'ios..
G.; TheiPrqject which this Development A heeMent' is
also the
subj!act of an OWne-T, PartiOipafibn Agreement (OPA),botween'DEVE LOPER° and the
it I s-.ffie intenfof,the- P
Petaluma -Coin moni � Develooment;, 0 , migsl
I . ty - I Mies 1h, at,lheil
terms, herebf.'beconstrued tofa-cilitdt6Jhei1erm and 'conditions of the oPA,,to the; extent nt
legally possible.
H. CITY .'!has! by Ordinance No`. .2003 adopted
regulations Which ordvidef6r the;cr'eationof a thebtof"6- district in'theZ.ITY's central
business district and, such ordinance does h`Qt,permit the movie
constrUCti 00: 4heaters
-P
ou't§ide,,the boundaries. of the, Theater District '(as defined- ih,,,t
he Ordinance). ance). 'Adoption of
these regulatip'n'S is;a material,induceme--n'tfor DEP,4
.VELOPE'.entering:intofHis
DevelopmentAgreement.
AGREEMENT.
1. Descri'PtionofPropert
The. Property which -i`s,the ;subject .,ofthis�,,De* velopment Agreement is
d6strilbed, in. Exhibit A:attathiad hereto ("Property";).
2.. interest of Developer.
The,I)EVELOPER has A legal :or ;equitable Intero'dt, in the Property.
3,. "Relationshig of,C'ITY andr DEVE LOPER M)dAG,ENCY,.
3,11 It isunderstood 1hat. this: Agreement"' aA. contract that has
s
been: negotiated: and ;voluntarily entered into b --C]T Y anO,'DEVELOPER,qhd thatt .1 he
DEVELOPER' is bpt,!an,agent,of'.CITY.,. ThOa'rtnershiDbetweenthemean
Y and y renounce
tho.'eXistence, pfqr1y for m of jdintv- - t o d,,agree that
-,pn ure or
not I hi . ng:�contained heteih or� i . hEinyd6,cumentex"cCit6d"-----' ion, L herewith shall be ..
'Construed-asmakin the and- joint venturers or partners.
-artriors.
Cfty 0 of Petaluma.
7/1)01
I
q
i
t Redevelo' menClaweCITYnsh illhsRtdeve"lopment A ency :Pursuant to the
` C.Ommunl y p a to , e exterit� perrn`itf ed� ty.law; cooperate in
all respects with the Redevelopment Agency in 'carrying out the terms of the
CIT Plan and A enc ,s obligations under theOPA with DEVELOPER.
'Redevelopment9 Y' 9,
Y agrees to undertake .,all actions in''.a diligent and timely"fashion to accomplish the
Agency goals and DEVELOPER'_s Project including but not limited to processing of
connections, and reviews :'' , �. � � , s pp I ks,��inspections; ':utility
tect permits ,and historical` resource
a rovaIs,!'pI ri chec
�
4. Effective:I Date'! -and Term.
4..1. Effective -Date. The effectiveAa*te of this. Agreement shall be
the date upon which,this Agreeme
nt is usigned- by CITY
4.2 Term. The term of this Development Agreement shall
commence on the Effective,,Dat'eN,and extend five (5) years thereafter,, unless said term
is otherwise terminated or'rnodifi'ed e.y circumstances` set forth'in this..Agreement.
p of4he Ter'mi'nation Upon Issuynce of`Ce jificate of Occupapncy;
g p y ct,,th!s Develo merit"
U on issuance final,certificafe, of;'O anc' for the Pr6je
Agreement shall terminate'with res ecf to DEVELOPER onl
4.4 ,100tio , . nor tothe termina` '
s'
n'al Extensions t�P, tion of this
Development Agreement,'a"s provided in Section 4.2, DEVELOPER may extend the
term of the, Development Agreement To do so, DEVELOPER shall give CITY written
notice at Ieast:90' days; pnor''to the„Nterminationdatue of the;,'Devel'opment Agreement: At
the tirn,e DEUELOPER.provides such .not_ice., DEVELOPE, h — rnak'e`.a contribution to
nfr structure in the Central :Business District., . Upon recei used, b qot* ' maintain
amount of
250,000 0 which monies will be
Y
p pt of the notice and the
contribution, the City' Manager shall notify the DEVELOPER that the terra of the
Development Agreement has been extended for aone-year period. The DEVELOPER
may exerc.'ise its` options to ,,e,xiend ;D
,the evelopment Agreement more than three
total contrib�ut onl for theornatx mumN`eXte s o'n op three' Smvent! of ei ' ht years.. The
Ag re g
year ill be $750;000,.00.
Y
seg' of the4P(o`peIV "rty.
51 ,R,,,i
to develop the P, rught fo Develop DEVELOPER shall ha -VE thewested, right
ro�ect on the'Propertyin°accordance with;the terms and”' '6tions of
this Agreement, the, uses, densifies and intensity of use set forth in :Exhrbit'B, the Project
Approvals (O's and when issued), and any amendments to.any'of there as shall, from
ac ionstb the City Council, PE or an.' sub ct A .royals" means-
actions
eans
me toI PP , P g pP ,,
Y Y 9 y ordinate body or entity of.
the CITY making findings in ponnection with, approving °and/or snaking amendments to,
p CITY in connection with; the following as it
and all conditions�ofa pr11 oval adopted,�'b�y the
relates to the Project: a) General Plan, b) Specific Plan, c) zoning ordinance of the
City of,Pet*Tiia
�• VIM
H,r,'
CITY, 0) environmental clearances tfor the foregoing,, and e). Master Plan, design
guidelines; design, approvals., site; plan ,.approval, a,nd architectural ;a pp.rovalsfor'the
Project
5 2 - Permitted Uses. The permitted, uses of°the. Property„ the
density and intensity:of use, the.maxi'mum height, bulk°and.,size of -,proposed buildings,
provisions for�reservation or dedication°ofeland for-`public:purpgses and location,and�
maintenance of on, -site and offsite improvements, location of, public, utilities (operated= "
by CITY),and.zther-terms and conditions of development applicable to "the Property;
shall, be those, set forth ,i'n th`is Agreement, E_xhibitB,1 e'Projeet Approvals and ,aiay
,amendment's to This: Agreement,orrthe: Project Approvals.
dditional Conditions, are. set forth in.Exhib ns�. Provisions for thefollowin .
5:3 Additional Conditi'
9
("A ") it B aftached hereto,,and, incorporated;
herein by reference:
5.3 1 'SUbse`06. 6t'D18cretionary Approvals'. B:y
appi`oval of this; Development Agreement, the City has found',and determined that the
Project descnb'ed herein is::consistent with .the G'en'eral PI'an; Specific Plan,
Redevelopment Flan and Zoning Ordinance.. .No Iu_rther discretionary review i's ;requ - d
prior to issuance of bu"il'ding permits except for Historical; ,Architectural and Design
review., Such review is exclusively limited to;the scope provided under°the terms.of'the,
Specific Plan and not,the uses,. densities 6r 'intensity of use".of the Project.
5.3.2 Mitigation l'Conditions. Additional or,modified
conditions agreed upon `by°the�p"arties in order to eliminate or" mitigate"
�adyerse, environmental impacts of"the Project or otherwise r -I' tin.'g to
development"of the.':Froject
See:Ekhibit.B
�5 3:.3., Phasing, Timing: Provisions ahat:the Project b;e.
constructed'in specified phases,"that construction shall commence:
within ,a specified time; and ,that the Project or any ,phase thereof' be
completed;wwithin a specified'time (subject to section 7:4: hereof).
)S"ee Exhibit B
5.3:4 Financing Plan'. Finanplans which identify
necessary;capital improvements: such, as streets: and;':util ities;and
sources''of, funding.
See Exhibit B
5.3 `5;. Fees, ,Dedications: Terms -relating `to payment of
.fees or dedication of properfy:
See .Exh'ibit B' „
City of Pefaluma
7/7/03
1
Regulations an`d Official P
olicies.6 ApplicableRules,
6.1Rulese Permitted U's r m es , Unless otherwise specifically
provided for in.Exhibit B, j
for`the term .of this Agreement, the. CITY's ordinances,
9 ed uses of the
Property, , reguilations and intensity of p y the
utions rules ns and official policies -governing the permitted
height; bulk and''size'bf proposed'.b°1 ldin . s 'use 'of the.Pro ert and maximum
Propert governing density
g shall be those in force and effect on the
effective date of`this Agreement.,
6.2 Rule's -'re Desi n. and Construction: 'Unless otherwise
' ExhibitB hereof, the
expressly provided in Paragraph'5 of this Agreement or
9 p
ordinances, resolutions, rules re uI tions and official olicies govern ng design,
improvement and corstru.ction §tan°dards and specifications applicable to the ,Project
shall be those in force ands effect at the time of the applicable discretionary Project
Approval (See Paragraph 5 3 1) ;,In the eventof a conflict between'such .ordinances,
resolutions, rules; regulations arnd official..polieies and th'e Project Approvals; the Project
Approvals shall prevail._.
_. p .
Ord'inances,� resolutions, rules, regulations _and_ official oli,cies
governing design, improvement'and construction standards a.nd specifications
applicable to public improvements tg,. be constructed ,by -DEVELOPER shall be those in
force and effect at the-tirne of,the, applicable permitjapprowal),,for the public, improvement.
6.3 Uniform Codes A licable Unless.ex r
ent th � j p essly provided in
n din accordance with the
Paragraph 5, of this A Teem , , , g�e Pro ;,'anicElect-ti-'r
roviio s of the .Uniform .Building Mechanical ct' cal P umb ngs°I and Fire Codes and
Title 24 of the California Code.lof Regulation s,. relating toBuilding Standards, in effect at
for the Prof eppcoval of'the a°
ro riate' buildin ra , or oth'e-'dbhstru'ction permit`s
. PP p ��, 9, 9 9.
7. ' Sub"sequently Enacted Rules and, Reoulations'
NIh
7.1 New.Rules and Regulations. During the4erm of this
Agreement; the CITY may apply,„'new ormodified ordinances, resolutions, rules;
regulations and�bfficial^policies of the CITY 46 the Property. which` were not ii'n forte
effect on the effective date ofthis Agreement and which are'not in conflict with those
applicable to the, Property as;,;set forth in, this Agreement'and the Project Approvals if:
(a).the application of, such,pnew or; modified ordinances reelutions, r ` ° `, eOblations or
official policies w � s ales r,
p would nof,prevent, impose.a financial burden bm-or. mate'rially"de,lay
development of the Property as contemplated by this Agreement and.the Project”
Approvals and ,(b:) if,,such ordinances, resolutions, rules, req. a . ons orofficial policies
have general applicability.
City of Petaluma
8 1, Exactions, Dedi'cations. � CITY And DEVELOPER agree that
the exactons.required in connection with the: development of the Project,Approals for
purposes; of mitigating environmental and other impacts of the ;,Project, providing
infraforth itn the ProoectA Prrovals andel nnthislA eementV Sncluid n`Plan shall be those: set`°
p
PP g �. g Exhibit B)..:. The CITY'
shall not.impose other,dedicaii,ons of land, or construction of any public improvement or.
facilities in connecti'on,with, any subsequent discretionary approval for the Property,
except as's_et,forth.in the Proje,ot,Approvalsoand.this,Agreement (including Exhibit B,'and
subparagraph -5.3.5').
City of Petaluma
7/7/03'
3i
7.2 Approval of Application'.' Nothing in this,Agreement.shall
prevent`the CITY from denying or condition' 1"I appro, ing any subsequent land ;use
permit or�authorization forthe Prgjecton the basis of,such new or modified ordinances,
resolutions, rules, regulations and policies exceptthat such subsequent actions shalf be
subject to any conditions; terms,; restrictions,: and ,requirements expressly set forth
herem..
7.3..; Moratorium, Not Applicable: N �otwithsta"ndmg an.ythmg
3
cont _,
ra . ,contained herein, m the evenan ordinance, resolution or
rY otherirneasure'is
enacted,, whether b action of CITY, by!initiative, referendum,,.or otherwise, that
imposes a buildin g moratorium which ,affects the.,Project on all _or any the .
ipart;;of
Pro"ert ,, CITY a rues that such ordmance�, res
P Y 9 olution or other measure shall not apply
to the Project,'the Property„,this.Agreement'or thug Project Approvals! unle"ss the. building
moratorium is, imposed as part ofa'declaration of a local emergencyor state.:of
emergenc. as defined in Government Code;§855.8: ' ,
Y,
74
,Timina,of.Development:, The parties a ree thafjt is
extremely'difficultfor'the parties'.toPresentiy,predictwhen or'atwhat;rate or'i'n what
orderdorti ons of ase Project; would be developed on the Property. Such decisions
depenu porinumerous factors which are not' all with, in the control, of DEVELOF;ER,,
such as marketprientationand demand, interest- rates, competit ion`�and otherzimilar
factors. Because the`California. Supreme Courtheld in Pardee Construction Co v, City
of Camarillo, 37° Cal.3d 465':(1984); that the,failure,of, the- parties therein to provide.for'
the timm,g,;of development resulted` in a,later adopted'initiative,restricting the timing of
development and. controlling t1ie: parties' agreement, it is the intent of'CITY,a nd
DEVELOPER to,he_reby acknowledge and provide;for the rightof DEVE_LOPERto
develop the Project.in:such order' and, .at such, rate',and times gas DEVELOPER deems
appropriate within the,'exercise of :its "prudent business judgment: CITY acknowledges
that,such'Ita right is consistent with "the;intent,,, ur ose and understandin . of the parties
r . '
P p' 9 P rhes
to this ,g
Agreement, and.that:without such a �n"
g,ht; DEVELOPER's development of -the
Project would
be subject'to the' uncertainties sought to be voided by the Development
Agreement Act, the Development Agreement Ordinance_,and this Agreement.
8. Subsequently Ena cted .or Revised F-668Assessments and Taxes, -
8 1, Exactions, Dedi'cations. � CITY And DEVELOPER agree that
the exactons.required in connection with the: development of the Project,Approals for
purposes; of mitigating environmental and other impacts of the ;,Project, providing
infraforth itn the ProoectA Prrovals andel nnthislA eementV Sncluid n`Plan shall be those: set`°
p
PP g �. g Exhibit B)..:. The CITY'
shall not.impose other,dedicaii,ons of land, or construction of any public improvement or.
facilities in connecti'on,with, any subsequent discretionary approval for the Property,
except as's_et,forth.in the Proje,ot,Approvalsoand.this,Agreement (including Exhibit B,'and
subparagraph -5.3.5').
City of Petaluma
7/7/03'
3i
5.2 'Revised Application Fees. Any ,existing .application,
pro,cessing� and,,Jnsoectim�fee& that-. are:xevised:during the,,te6f!1hisrAgreement shall
6,
apply to th, P�qje` (t roVido,t,hat'(f)- su
p ch fees" ave,��genoral.,�aoplicability;�,,(2) the
application' �ofsu*ch fee&,to! the Prop�erty is prosoectivp� and P
(3), ie�a, plication of such
,fees would not prevent deveippmont in accordance With thiis, Agrpement. By so
agreeing DEVELOPER does"Abt waive its �rights to,"challeng6the '.16geklity Of any such
application, processing andlor inspection fees.
-N'6w,Taxes.-,,. Any,sul)§eqyLqntIy;6hact6d citiwide taxes shall
apply to the Pr 'ided th6t,..r '11"ihe Property is
provided '(`I).'the application o suc taxes'4o
prospective; and -;a . pplication of. such'taxes would not prevent development in
accordance withthis,A'tOefrient.,�, B,y�swq'greein0,.DEVEL0 PER,, does not waive its
�g
rights'to challietigelhe"Iedalityliof aby,�,sUch',taxes.
84 Assessments. Nothing,hereilh shal[bp construed to relieve
the Property from as�s,essmenis„'levied .'against .,it by CITY, pursuant t& -,any statutory
procedurefor the assessment., of property to pay for infrastructure and/or services which
benefit the Property.
85 Vote i On, utUre Assess
thefifs,',and'Fees'. In the event that
6`11 F s
any assessment, -fee or which charge w. isapplicabletQthe Prop-eirty,Js subject to Article
XIIID,of the Constitution Eindbl-VEL'OPER does°nbtl return its; baillot"'IDEVELOPER
s I o Eiyl ouht"!bE'VELOPER's,
agree, on behaf,'i""it�blf'�ind':ii's,isoccesgors!,, Ihqt�'CITY m c
ballot as.affirmatively,votipi,g' in. favor of such assessment, fee or charge-.
9. Amerid'ment;",or,C6ncellation”.
9.1 Modification :Because of ;Conflict with, State or Federal Laws.
In the eventithatstate orfedera' a'w' 's,or re
gu I
a ions,enacI dafterthe, effective date of
this, Agreement prevent.�,�or -precludecompliance with one or more p.rov'irsibn'sof this
.Agreement or require changes.,iri,,pi ans, maps or perm its approved, !by' -f h Ei*:CITY, the
parteem
ies meet a nd coriferAn a r
good faith in, eason.66166ttemp"
i . _ , .1,to. modifyJhis
gent.to comply with such federal orstate law, or regulation._Any such amendment
eM,
or,suspensioni.of tfie,Agro' bnt;��shall, be�approvbd by
" i
thd,;City'Co indil,,in', 6cc6'rdance
with the Municipal Code. I I
9 2i."Amendment by Mutual :Content,,.,,: This, Agreement may,be
amended in`,,w'r'1v`ngJr lo� ime,bY:r'hU' the &,ties"ll"
from t tual content of 0
ereto antli in
accordance with the procieduros:(of, State'law and the Municipal Code.'
`1risubstantia[Amendment&, Notwithstanding the provisions
the prede, ing �a any d section -lamendments tothis Agreementw ic "h'-hdonot'relate*to
(a)the term of fheAg,reement,as provided in section 4.2; (b) the perp fitted uses
Property of the
y,,a§i;l provided" in section 5.2; (c) provisions for "significant" reservation or
' I provided'
. j.a - .. -
dedication of,land,a.s prov�i ed'in Exhibit B; (d) conditions, terms,, restrictions or
City of Petalurhd
.7/7/03
3L
r
h
requirements'forisubsequent discretionary actions; (e) the density, or mtensity'of use of
J O
the Pro'ect, f the maximum height or size of proposed `buildings; or,(g) monetary,
contributions by DEVELOPER as! provided in this Agreement; shallnot, except to the
extent,otherwise required by law,,,,require notice or' public hes"ring, be#o,re either the
Planning Commission, or the :City Counei.l, before the parties may. execute:an.
�.
amendment hereto. CITY's CityManager, shall determine whether�-a r"eg
erva ion or,
dedication,: is'`significant".;
9 4 Amendment'of:Proiect Approvals: Any amerIdment'of
Project Approval's relating to (a) the: permitted use of the Property, (b_) provision for
reserva ib or dedication of land;°;(c) conditions, terms, _restricti'ons;or requirements for
subsequent discretionary'action_s .,.(d,) the' density or int'ensityof- use of th"Y,Ptojott, (e')`'
the maximum height.or size of.proposed build;mg"s; (f) monetary contributions byth"e
DEVELOPER, ,or ("g), public; improvementsito be constructedty"DEVELOPER shall .
require an>:amendrnent of this, Agreement. Such°amendment shall be limited to tho e
provisions; of,ths;Agreement which are implicated by theamendment of the Project
A y -.
pproval. Any amendment of the=:Protect App,rovals,.or any, of them, shall note `
require amendment.of'this ,Agreement unless the 'amenclment of the Project. Approval(s).
relates specifically to, some provision of'this Agreement:
9.5 Cancellation by.MutuaC'Consent. Except as otherwise
permitted herein, this Agreement„may be .canceled in whole or in part only by the mutual
consent.of the�'parties..or their successors ih interest; in accordance with the provisions
of -he IVlunicipal Code. Any fees paid,.pursuant to,Paragraph 5.3 and ;Exhibit. B hof Chi`s:.*
Agreement prior -to the date of cancellation, shall be retained py CITY'.
10:; Term of P'roiectApprovals:
Pursuant to California Government Code Section, 66452:,6(a), ';the turn
of any parcel map shall automatically be extended ;for the terms of this Agreement. The
term of any other Project Approval. shall be eXtended only if so provided in Ekhibif B.
11. -Annual Review.
11.1. Review Date. The annual review, dateJor this Agreement
shall,be August 15 and each. August 15, (hereafter:
11.2' Initiation,of"Review The CITY's'Gommunify`D.evel.b—'rn t
Director shall 'initiate :the annual .review .by giving to DEVELOPER twenty (20,) days'
writtenr notice that the CITY` ntend's to undertake such review; DEVELOPER shall.
provide evidence:to the Communit D.evelo merit Director nor to the hearn on the
p y y p - _.
9
annual, review, as and y
_..
when,�reasonabl. `deterrnmed necessaryby�the Corrimunit. .
Development Director, to demonstrate .good, faith compliance. with the provisions'of„the
Development Agreement. The burden of proof b:y substantial .evidence of compliance;is
upon the DEVELOPER. ,
City df Petaluma
7/-7/03..
?`3
Li
11.3;Staff Reports. CiTY,shall de Ps osit„rn the mail°and fax;to
DEVELOPER a copy of all. s4aff, reports,; and related exhibits concerning contract
performance al°review and shall make every
effort o faz co t ies.five 5 da s in advance.
least three �(3) days prior to any annu
P O Y ,
11 4Costs: Costs reasonably incurred�by .CIT"Y in connection
wifh the .annual `review shall, be paid byOEVELOP - R m''accordance-.with the CITY's
schedule of fees in effect at the ;time of review.
12. Default
Subject to.,any applicable exteqsionl of time, failure by any party to
perform, any,term or rovision;,of.this A-,`reement re. wired, to be' erformed b such art
P, � g q ,P. Y party
shall constitute :an event,of default"E,vent:of;D.efault"�' For
( ) � purposes of`this Agreement,
a party, claiming another party is in default shall be, r..eferred to as the ,"Complaining
Party;" and the. partyralleged, to be"m default shall ,be referred to as ;,the "Pa'rty` in
Default. Provided; a Complain' Ing Party shall not exercise,any of iiis remedies as the
result of such, Eden"t of Default unless such Complaining Party first gives notice to the
Party in Defaultas provided;Jn„ para graph 12;1', and,11he Party, i'n, ��efault"fails to cure
such Event of pefault°within`the:applicable";cure period.
121 Procedure'Re g ardin Default's
f
laihing Party
written notice 12 1 1rt m Delfaullt s ec f n� h def" "At comS la shall
e
' e ofdefault to the Pagy 9 � uch notice., �not,constitufe a .P 'of by
the Corn lainin Party. Dela in i Y 9.
p g � y � y ' ivin��� s � waiver of any
default nor shall. it change thei time of default.,'-
12,11.
efault'..:12 1.2 Cure. 'The', P"arty'in 'Default diligently
endeavor to cure, corrector remedy the matter complained .of, provided such cure,
.correchereintafter rec. eie�of wraitteri snot cel oe such: additio A�licable. time ; eriod, forth
Y p pl p set
p �( nal!tirne as:rnay be deemed°by'the
Complaining Party to ,be reasonably: necessaryto correct'the matter)'. "
lur
G , 12 1.3� o U a
.,�E � " ” Failure o"Asserfi.Any,fai , es , r defays;�by
Cornplaining'Party in.�a'sserting'any of pits rights and remedies "as to 'any default shall not
operate a&a waiver of any d,efault,'or of'�any such rights or remedies., Delays by a
Complamiyng�Parfy rn'asserting' any of its rights and remedies sh'alh`not,deprive the`"
Complaining Party of�its ngfitXto.institute and rnaintai'n any ;'actions or"proceeding"s which
it may deem, necessary to. protect, :assert, -or enforce any such rights or remedies.
12.1.4` , I�' Paymentof Money if "an Event of Default
oc respect payment rly the sub:.m.,ission`of docume
nus;
prior to exercising ny remedisthe Complaining Party shall 9ive the Party in Default
..
written notice of such default! The,
,Party in Default shall' have a: period of sixty (60) days
after such notice is given within which to cure the default prior'to exercise of remedies
bythe Complaining Part"y,,
City Iof_ Petaluma_
7/7/03
'311
12-1,5.,., Notice of Default. If an Event. of Default occurs
with res a -t to any other obligation, prior to.exercising any remedies, .the,Cornp;laini`ng
Party ,shall;,give,`the Party in Default ,wriften notice of such de'fa'ult: If the :defauit'i's
reasonably capable.of being cured within, thirty (30), days;, the Party in Default.shall"hhave
such perigd'toeffect a cure prior to :exercise of remedies by the Complaining Party. If
the nature. of the: alleged ;default_is. such .that'it.;cannot practicably,be `cured within such
.30,day-period and the,default pertains to an obligation other than (a�) the,;payment�of
money,, or'(b) the,submission of documents:';,the:cure, shall be�deemed to have occurred
within such 30 day period if {.w) the cure: is commenced at the. earliest;p:racticable� date
following receipt of the notice; '(x) the, cure is'diligently prosecuted to.cornpletion at ail -
times thereafter-; (y) af; the earliest practicable date: (in. no event later than `thirty (30)
days after'the cuing partys receipt of the notice:), the curing party provides written .
notice to the other, party that the cure. cannot practicably be completed within such 30'
day period; and (z) the cuyre as completed at fhe, earliest practicable°date. In no °event
shall Complaining Party b'e precluded- from exercising remedies if a defau t:is not cured-"" "
within one,hundred=eighty(180);days.aftOrFtl effirst:notice of default is. given
Legal Proceedings. Sub ect to, the foregoing; if
y
1,2J..15: i
p g � ton, maefaullt in accordance with the foregoing,I the
th.e Part in, Default,fails to
Com tainin Party, at its op '
y institute,legal'procee'dings pursuant to this
Agreement: or, in thQi eve'nt;of a irnaterial default, terminate this ,Agreement:, Upon °the
occurrence; of .an event;of .default, the parties may. pursue Sall other;remetlie"s at law or in
equity which are, not otherwise provided for or prohibited by this Agreement or i'n"the
City's regu ations governing deyelopment'a,greements,. expressly including the: remedy of . 0 1
specific performance of this Agreement:
1 1.1.7 Annual Review,.,. Without limitation, evidence of
default may arise in, the course of the regularly scheduled annual review, described .in
Paragraph 11..
JZ 1 ,8, Termination.. If,,,CITY electsto consider
terminpting this Agreement duel to a materia[ default of DEVELOPER, then CITY shall`
give a notice of i'ntentao;terminate this,Agreenient�-and th'ernaftee;shall.bescheduled for
consideration and review by.the City Counci l"in the manner -set forth in .Ca fornix
Government Code -Set,tions, 6,586:7 and' 65868. If th&City Council.determines thafia�`
material default has, occurred and is continuing, and,elects fo.terminate this Agreement;
CITY "shall' give written notice of termination of,this Agreementto DEVELQPER:and this
Agreement' shall be terminated the provided,, however; that DEVELOPER --reserves:
any and all rights it may have to challenge an.court CITY'.s termination of this Agreement:
.._
12:2 No Damages Against ,C.ITY:. 1n no eventshall 'monetary
d Berne be awarded against CITY upon an event of default or uponf;;terminafion :of this -
g _
J3'. Estoppel Certificate: m
City of Petaluma
Any,party may„ at anytime, ;and from time to,,;fime,.re uest written
e otherpartyequesting such party to'certify g,t�hat, `
Agreement. is in full force. and effect and a binding obligat on.wntin p ,: (d)thisnotice from th i
nt has�;not�been a 11 ori'n writa gas, ( )this
A reeme amen modified either or n of the
Y 9' (•) y rn , or if so
g the ,amendments, and c to�,the kno
, a
amended,`'identif in ; 'wledge of the certifying party
thereq sting part is not iin default p e, g ,ons under-this
Agreement, or Y fault, to describe therein the nature and amlouht of an such
JT:
defaul se Aparty in
que hereunder shall axe Y
y (_ ) y . g e receipt e.-
Within
z:
in thin 30 days follo Win eth st ei t thereof, or such Ion ers eriod such certificate
Y, y,� p '. f 9 P as may
I
reas"onabl .be agreed to,b Jhel parties City.Managero CITY shall be"aut'horized to
execute any certificate requested by,. DEVELOPER': ,Should the "party receiving the
request not execute and return such certificate within the applicable; period, this, shall
certified that the state I:— default, yprovi. tha A„ ,r c ;p_arty shall .be deemed to have
not be deemed to be,
ents. in, clauses .(a).through (c), of this section are true, and any
party may,rely on such deemed certification,
14. Mortgageef Protection: Certain Rig'h't&-of Cure_
uh 1. 1.4.1 ;. Mortgagee Protection :This Agreements hall be superior
and senior to any lien placed upon_ the Property, or any portion thereof after the, date of
(g 9 lien
for
of.-trust or
om no breach mortgage
"Mort
recording a ehisg Notwithstandinlud'i afore
hereof render
invalid, diminish or impair th`e lien of any Mortgage made,in good:faith and`forvalue, .but
all the terms and conditions contained in this Agreement shall be binding upon and
effective against„any, person, ori entity, m'cluding any deed of trust beneficiary or --
mortgagee ("Mortgagee') who acquires "fitle to the Property, o.r bn portion'thereof by
--
foreclosure, trustee"s.sal' deed, in lieu `of;foreclosure,,-or otherwise.
1.4.� Ii � t g provisions vi
2 Mortgagee Not Ob' gated. �Notwithstandin thea' ro sions of
Section 14.1 g -9
A reernent', before or- , o.recos'uhe,loha deed�n bligation or.,duty:underthis
9
after f
o_ Mort
above,
` lieu, of'foreclosure; ;to constructor
improvements, or to,guarantee such construction or com letion ,or to , a ion of
s,, or to uarantee such construct
erform or
eme , P .... , , P Y, P,
r' c ion o irn rov nt
c m e e. a cons ru Ifrt1l : ,,I
r
provide an fee, dedica,tionshallBnot be,,'entitled to devote t n or,irn osifion,.Nprovided,
p Y im rov_ements or,,other - xactip '
construct anWt m oveme is he Property to any uses or to
" however, Y p .9 g .'they,- '
for, or autho;nzedrtby the°Pro ectRA �rovals or,;b. this Agreement.
p is provided
J PP , Y ,amen
other than those uses or irn rov
a
14.3
Notice,of Default to. Mortgagee an-dA,Extension of Right to
Cure: If CITY receives notice from a Mortgagee requesting'a copy of any notice:of'
default given DEVELOPER hereunder and specifying , ss .forservice there
the ,addre of,
99
then CITY-shall d. g hk t y claimon to
y
DEVELOPER, c MoD a ee, concurrently
with rle pact to any thereon dfY That
deliver o su rt
an, notice even o ENFEOFF.
DEVELOPER has committed an event of default.` ,Each ;Mortgagee. shall have th'e right
during the same period available to DEVELOPER to cure or remedy;' or•to commence to
` e cure TY's.riotice.. CITY,
cure or remedy,.the agent of default claimed sett forth in t vided
g y ma, extend'th'''°
e emod pro e I in section 12.1:4 for not
throu h its Cit Maria er,
more than an additional sixty (60) days upon request of DEVELOPER or a Mortgagee.
3. (c
15.Severabiil ty.
The unenforceability„ invalidity or'illega ify of an`yprovisions; covenant,
conditi on illeg"or term of. this Agreementshall not render the other provisions unenforceable,
invalid oral.
16. Attorneys'; Fees and 'Costs:
If CITY or DEV_ELOP_ER initiates anyaction at law or in equity to
enforce or interpret th,e terms and conditions.of this Agreement, the'preva,iling :party'
shall be entitled to recover:reasonable attorneys- fees'and costs in addition to anyother .
.Y-
relief to which it. may otherwise be•entitled If an o this
Y y ;p,erson or entity'not a party t
Agreement initiates an action at law or in equity to c hallenge•the validity of any p(ovis'i_on
of thi's A reement or the Pro'ect A ro vats, the art cooperate and appear, .m'
defending -9 such action'., DEVELOPER shall. beapits own.hall
.i costs of defense .as. a real party
_ in interest•in anysuch..;actiori and 1DEVELOPER- ond shall reimburse.CITY,on an- equal
basis for -all reasonable court costs and attorneys' fees expended by CITY'in defernse of
any sucN.action orother proceeding.
1`7. Transfers and.'Assi' nments:..
17,:1 DEVE LOPER's Right to'Assign. AII' of DEVELOPER
.EVELOPE rights,
interests and obligations hereunder rna. be transferred, old,,or assigne'd.in co"njunction
Y s �;
" with, the tra:nsfer;, sale, or assignment of`the Property subjecf.hereto at any lime ctunng
the term of this ,A 9 reement; provided that no transfer, sale or assignment of'.
DEVELOPER s rights,, ;interests and obligations hereunder shall occur without the; prion
written r otice,to: CITY and `approval by'the City Manager, which approval shall not•be
easonably withheld; or°delayed The :City Manager considerand decide the
matterwithin is woeking days'after DEVELOPER' -.notice provided and receipt by"City
Manoger,,of all necessary documents,;cert'ifications'and other` information required by
City Manager to decide the matter. In considering the request; the City Manager'shall'
base the der ision u on the proposed as nee s re utation, ex
P g p perience, financial
resources,and access to credit•and capability to successfully c arty out the development
of the, Property. ert' completion. Y 9 PP
p y pletion The Cit . Manager's, er s a rova shall:,be for'the purposes of,:
a) providing notice to°CITY; O) assuring`tha`t'all obligation) of are
allocated as, between DEVELOPER and�the roused urcher�tEranOsfe"re
° P- P P ' or
assignee -,,,and c) assuring CITY that theproposed purchaser, 'transferee or assignee is
capable of. performing; the DEVELOPER's obligations he'ceunder not withheld by
DEVELOPER.pursuant'to section 17.3.:; Notwithstanding the'foregoi'ng, provided notice; .
is given as!'spe.cified iri' Secfion 23,, no CITY approval shall be required for any transfer;,
sale, -Or assignment.-f�thi's Agreemenfito: 1'). any entity which is an'affili'ate_or subsidiary
Of DEVELOPER -;-:2) any Mortgag ., r'3)'any transferee of a Mortgagee. If the .City
Manager fails to act wthin..ten.'(,10) w,,orking days',such transfer; sale:or assignment. ,
shall be• deemed, approved.
City of Petaluma
17.2 Release Upon Transfer., IUpon ,. fer;,
"� �� the trans
- sale,.. or
assignment Oall of D,EVELOPER's, rights, interests and obligations,:hereunder, pursuant
to,section 17 1 of this��,) reement DEVELOPER shall Abe released from,th'e obli anions
under this A . reerrient, with ;res ect to fhe Pro ert erred; sold, g
g p p ytransf '� 'or assigned„
arising subsequent to the date of City Manager approval of such transfer;, sale; or
boved
y the'City provided,
ee e,x re sly assumes alltof theere hts,u interest and obl natio p'prf
y Y 9 P. Y g g_ ns of
greeme'nt, DgVELOPER s Y Il;be rel; with respect to all
such rights,
nterests,and assumed, obli'LLations. In an event, the t ansferee, purchaser,
or assignee shall, be subjectto all the provisions hereof a' nd shall provide all necessary
documents, certifications and other necessary information prior to City Manager
approval.
17.3 Developer's Right to Retain,,Srecified Rig_ hts.or Obligations.
Notwithstandin sections 1T.,T! and 17 2 an'd section 18,; R may withhold
from a sale, transferor assignmehIC "f this Agreement certain ri'
g DEVELOPS
ghts, 'interests and/or
obligations which DEVELO,PER.shall retain,. provided .that DEVELOPER specifies such
A reement and and/or,obli 'ationsSonorna Count � meet:ffo'be,,appended to this
w ,, n ghts, interests , , -
g in a written°docu
recorded with the y Recorder pnor,'to the sale, transfer or
assignment of the Property., DEVELOPER'spurchaser, transfereeor assignee`s hall.
the have no interest"or o ., igations lfor such rights, interests and obligations and this
Agreement shall remain applicable°to D;EVELOP,ER"with res''"; 'ct to such retained rights,
P
interests and/or;obligations.
18. Agreerrient Rubs with°the Land.
All of the provisions, rights, terms,, cove,na'nts and obligations
successorcontaineds and
asthis sign resenfati�esglessees �andrties�andtheir respective:heirs,
,, a
ndin u on the
s a,' e l.. p. q ring the
g p all other persons, acquiring
Property; or any;,;portion thereof, or any interest therein', whether byoperation of law or
in any manner whatsoever. 'All of'the provisions of.;this Agreement shall be enforceable
4 bh g d pursuant to
ase a servitud g ,all constit deo Secti nn 1468 oft 'e Civil, Code of th"`"
o e State
ui a e an s s running wit the an
,a licable laws, ! tto��do, o.r, r h
oPCalifornia' Each (covenant" not limit efrain.from doing,, ome action t'
g, he 'Property
properties a b spect to any sown pd propesy(b runs wi he beneproperties,,
fit P s 'ies
properti shereunder and is urden u . on such ' ro Ort ,) is f , „ such ro ert such
and (c)
iindm' u on each art and each su
g p p y ccessive owner during, its ownership of such
properties or any po1.rtion thereof-, and shalL'be a benefitto and a.burden upon each
party; arn, �J s'property hereunder'and ea"eh other person su'cceedingto an interest in
such properties;
19 Bankruptcy
obli afions of this Agreement°shall' not be dischargeable in
The g
bankruptcy.
°City of Petaluma_
7/7/03
n
20': Indemnification,.
DEV,.EL-OPER, agrees to,'indemnify; defend and hold harmless :CITY
and °its elected and appointed councils,: boards, commissions, officers, agents, r
employees; and `representa`t.ives from any an,d all claims, costsJmcludmg legal fees and
co
sts) and liability for any personal injury.or property, damage which may' arise ?directly
or indirectly as :a re"suit of 'any actionS'or inactions; by the DEVE LOPEfR. or iany actions:
orinactions, of'DEVELOPER! contractors, sub'contractors;" agents; or employees in
connection with "the construction; improvement, operation,'or maintenance of°the
Project, provided that DEVELOPER shall have no -,indemnification gbligation with
respect to:,,negli,gence,orwrongful conduct of CITY, its contractors,.subcontractors,
agent's or employees or with respect to thea maintenance. use or condition of any
another. public"entit h (except
has been dedicated to and accepted by the. CITY:or
im rovement a
y ( pt as provided. in an improvement agreement or maintenar ce:
bond.) -'If "CITY is named as, a party to any, legal action, CITY will cooperate with '
DEVELOPER, swill a0pear'in such, action.arid will not unreasonably withhold approval of
a'settlement. otherwise,accept'able to pEVELOPER, 'CITY is named as!,a party to!any
Legal action, .CITY'will cooperate with DEVELOPER,, will_;app:ear,in such action.and will
not -unreasonably withhold ;approval of;a settlement otherwi'se,accelp We to
DEV
ELOPER. Provided .-'however the provis-ions•of fhis paragraph,,,s'haH not oblgFa.
te -
Deve oper to indernnifiy CITY inthe event of claims, ,costs or'liability'which` arises from
the design �of public improvements: installed by pevel,oper and inspected, and:,accepted
by CITY:
21: Insurance.
21.1 Public Liability and Progerty Damage Insurance. At all times
'that DEVELOPER isl constructing any improvements that,will become public
improvements, 'D,EVELOPER shall 7maintai'n in' effect a' policy -of' comprehensive; general
liability insurance with 'a per -occurrence combined single`limit of not less than one
million dollars ($1,000.,000.00) and. t6deductibie of nofi than ten thousand dollars
.more
($1.0;000.0.0) per claim. The "policy so .maint'ained by DEVELOPERi;shall name the. CITY
as ,an. addit onal-insured and shall,�incl'ude either a severability'of irit' ere st clause or
crossdiability endorsement.
21.2; - Workers Compensation Insurance: At allAimes that,,
DEVELOPER is constructing anyJmp.rovements that will become public-irnprovernerits,
DEVELOPER shall maintain'Worker's Compensation insurance for,all persons '' w
employed by DEVELOPER for work at the: Project ;site,. DEVELOPER shall require
each contractor and,, ubcontractor similarly,to provide Worker's Compensation
�
insurance, -for its= respective,0m01oyees.. DEVELOPER agrees -'to. indernnifythe CITY for
"
any damage resulting from DEVELOPER's failureto maintain any such insurance.
21.3 Evidence of Insurance: Prior' -to commencement of
.
construction of ,any improvements which Pwill become public improvements,
City, of P..etaluma
7/7/03
�.
3:i
LE
UN
LE
DEVELOPER shall furnish CITY satisfactory
Otory evidence of the insurance required in
Section 21A Y
d 21.�2 i'and evdence th8t1hecareier'is,req]1uired t04vethe� CITY at
�j � . ',, �,'. ,,, I - least Weeii,?d6„pri n f'the' c n a o or wriftbn,: 6tice o a cell' ti'l 6 briedul"ti rage of a
reduction in cove
policy. The insuranceshall extend
to the CITY' its el'ective and a
I I ppoih
Comm, isohs. officers',,' e' I I 111.1,1'',.. - , appointive boards,
ji,pgp ” m I es and represeritativ6s'-pridtor, DEVELOPER
omp We
performing Work on the Peoject..
22. Ekcuse-fot,Nohperform8nce.
from performing any
DEVELOPER;an shall ' be excused pe � orming a
'obligation or underta n pro.vidod,in,.this ,Agrppment,,,except -an.y
any obligation to pay any
sum of money under the 4' O'pli,ca�61eprqv'isi'ons��h'L-reof-, Jnctlke event and so' long, 'as the
performance of any such obligation is prevont6d',or+defeiyed,, retarded or hindered by, act
of God, fire, earth,quake flood,, explosion, Faction of the blerniants,war, invasion,
insurrbction,�'Hot, mobole'pc 0 teinabilittc'.81, shortage of
labor,equiment,jacilitie.%material&or suesinthe open markei failure of
transportation, strikes,,,, loc,kouts.,,action pf labor unions �cdnid'bm naiii,6,1 n"i, tequisition, laws,
I c�
orders of governmental, 11., milbr I rit other " s . e, whether
y or nava autho y;,0'r any o.rl er cau
similar or dissimilar to theJoregQihg,,n'ot'within the tdnfrol.Qf theParty:claiming the
extension of time to,"perfprm h�ll"send written
The Party claim -ii) sud11extension',s a
notice of the claimed extension to the other Party wit L hin thirty .,(3 , O) days from the -
commencement of the: ca,080, entitling the Party to the extension.
23. Sewer and Water.
DEVELOPER ."':a,cknowledges'that,it,.mUst-obtain ,water and sewer
permits from the City of Petaluma.
24. Notic0s'.
All notices required or provided for under this Agreement,shall be in
writing. Notices required 'to`,be',g!Vp,.h 'tbl', CITY'sh'all'bereiddresse as"follows:
VM
City Manager,_
City of Petaluft
lr�j,English-,Street ,
Petaldlma, CA'' 9'4952
Notice, req 6iL red t&,bb��ciiven to DEVELOPER shall, be:addressed � as1oll6w-S,
113.3sifi...Str6et Properties
.131;8' Redwood Way
Suite: 11140?,,,,
Petaluma, - C
A,94,954
Attention- .'Matthew T. White, Presiden't
City of Petaluma'
7/7/03
-a
With a- copy to:
Law Offices of, Pau_I,;Andronico;
25 Gregory Drive
Fairfax, CA 949,30 i
A art may change address by giving notice m writing .to the other party and thereafter. '.
party
all notices shall -be addressed and transmitted to,the new address. Notices shall be
deemed given :and received upon personal delivery, or if mailed, upon th:e,expi'ration, of
48 hours after being deposited in. the United States; Mail:, Notices may also be ;given; by
overh'-ht which -shall be deemed given:,the following day or 6,y�facsirnile
transmission,which shall be deemed given up omwerification of,rece
25. Rec'ital's.
Th,,e'foregoing, Recitals are true and correct and are made a part
hereof:
26,.:_Agreement is. Entire .Understanding'..
This Agreement -constitutes the, entire understanding and agreement'
of the. parties:
27.. Exhibits:,
The .f 1 ` - - _
o lowing documents.are referred to in this Agreement°and are
attached hereto ;and incorporated. herein as'though' set forth 'in full::
Exhibit A'. ,Legal Description of Property
Exhibit B Additional Conditions and: Master Plan
28.: Counterpart's.
This, is executed in three (3,)' duplicate.originals, each of
which is -deemed to be an original . .
29. Recordation:
CITY shall -record a copy"of this A reb' ent Within'ten "days.following
execution by "all parties. S .
IN WITNESS WHEREOF, the parties hereto have caused_9.
thi5A reement to
be execute�d'as df`the.'d'ate and year first; above written: .
City of Petaluma'
7/7/03 ' _
n
CITY OF PETALUM
By' Inm4mm
Mike, Bierman
® City Manager
Attest:
® By` Date: .
® City Clerk
Approved as to Form:
City Attorney
BASIN STREET PROPERTIES .-,a
California corporation (Basin, Street):
k
Date:
Matthew T. V1/hite .
President
City'of Petaluma
7/7/03
L Z
STATE OF CALIFORNIA
)ss:.
OFT
On.before me, ,
personally appeared
pet s�o..n
ally. known to me (or proved, to me on the
)..
basis �of satisfactory. evidence) to be the �p �e"rson s w'hose .name
subscribed to'the within instrument and.acknowled'ged to _me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by
his/her/their sign8ture(s) ons the instrument the "person(s);; or the; entity, upon
behalf'of which'the person(§) acted, executed the'instrument.
1NITNESS my hand' and offcal seal:
Signature'.
STATE -OF'cALIFORNIA
)ss.
OF
Onbefore me,_ .
personally appeared , personally known to me (or proved to me on the
basis of sans#actory evidence:) to' be the person(§) whose h' me is/are.
subscriibed".to the Within 'instrume,nt a nd ',a cknowl edged to me, that he/she/they
executed the same in his/her%their:author.'ized lcapacty(ies), and that by
his/her/their'signature(s) on-the instrument the person(s), or theentity upon
behalf of which the person(s) acted, .executed,the,in,strument.
WITNESS my, hand and official seal:,
Signature
m®
OLD REPUBLIC TITLE.. COMPANY
ORDER NO. 0i812000'596 -.JJ
Theland;feferred Eo in this Report is situated in,th`e County of -Sonoma, City of Petaluma,
State of California, and. is,described as follows:
PARCEL' ONE
LOTS NUMBERED 102,, 1'07 and. 108, as shown upon the map entitled;., "Map -of 'the City
of Petaluma, Sonoma County; 'California, survey under, the =instructions from the
Board of 'Trustees; of said City and the U.S. Surveyor :General .by Jds� T.
Stratton, U.S. bep. Surveyor, December ,18.6'5., f'iTed`in the office 'ofthe iCounty
Recorder•of Sonoma County, ,on December "01 1865.."
California ,
EXCEPTING THEREFROM that
portion conveyed by deed recorded March '.8; '1946 under
Re,corder';s Serial. No •C,=12479 in Book 684: of Official Records,; Page ;17,1•; ,Sonoma
County Record's
ALSO:'EXCEPTZNG THEREFROM:That portion cog eyed.by deed recorded Match 3, :1952;
under °Recorder'is ;Serial No. D-61.694-, Book 1111 of Official Records, -Page '39,0,
Sonoma County Records:
A.P. No.. 60;8-06.6-`006;
PARCEL, TWO:
LOT 163 as shown on: .the map of Stratton's Map, of the City of Petaluma,.'
A,.P. No.. '0.0:8-066-'Oi0`3 .
PARCEL THREE:,
BEING a portion of Lots 102 ,and• ,107 and all of Lot 506, as zaid lotsl area
delineated on_ Stratton's Map o,f :the City of Petaluma,; and- more ,part''cularly
descr"ibed,'as follows: „
BEGINNING; at an .iron pin driven on. the Northeasterly line of 'Third S'tree�; at-
point,
tpoint marking the common corner to' Lots 103 and106 'of sa'i`d St=ratton•'s Map.
THENCE 'from' the said• point of 'heginning :and along the, common lot .line between;.,,,
Lot 103' and Lots, 10.6 and 102 North, 2:56-471 3''0" East, 20 .0, feet. to, �an 'iron pin';
driven on the Southwesterly' line ,of. Second _Str-ee.t� and said, pin, marking he.
common corner 'to, Lot's :102 and 103'•; thence along said • !Second Street, Nor-•th 46:--10'
2
West 69 5 feet to an, iron pin; thence 1`eading said,..Secgnd Street, ;South,;25'O 56-!
West 12`0..0 feet toan ,= -iron pin'; thence South 6-40.0.2" East 1'8.00' feet':•to pan iron
pin; 'thence South .25° 56-' West 8,'0.,0• feet to an ,iron, -pin driven on ttie'
Northeasterly line of. Third 'Stree_t.; , thence, along Third Street ,South 640' 02' East,
52.0 feet t-o`.the- poiht', oE-beginni-ng�:
A.,P No. 008-0'66-0'02
(z c 5^L . Page 3 of 8 Pages'.
ORT'3157-C