HomeMy WebLinkAboutResolution 2023-157 N.C.S. 10/02/2023 DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
Resolution No. 2023-157 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING LICENSE
AGREEMENTS WITH EACH OF THE NINE TENANTS LOCATED ON THE CITY-OWNED
FAIRGROUNDS PROPERTY, TO BECOME EFFECTIVE WHEN THE 4TH DISTRICT
AGRICULTURAL ASSOCIATION LEASE EXPIRES ON DECEMBER 31, 2023,AND MAKING
FINDINGS THAT THIS ACTION IS EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council recognizes the importance of effective management and maximized utility of
the City-owned fairgrounds property for the community's benefit; and
WHEREAS,City staff have been working diligently with the 4th District Agricultural Association(DAA)to
transition the management of the City-owned fairgrounds property to the City after the DAA lease to the
fairgrounds property expires on December 31, 2023; and
WHEREAS, the City Council has adopted guiding principles to direct the transition of fairgrounds property
management from the DAA to the City, and these principles prioritize community involvement, strong
partnerships, the annual fair, and other uses desired by the community to increase public benefit from and access
to the City's fairgrounds property; and
WHEREAS, existing tenants, namely Happy Hearts Preschool, Rebuilding Together, El Roy's, Java Hut,
Play Dog Play,Airport Express,Playland,Live Oak Elementary and Middle School,and Glad Enterprises,operate
their businesses or organizations on the City-owned fairgrounds property under lease from the DAA; and
WHEREAS, staff have worked to establish uniform terms for interim license agreements with the current
fairgrounds tenants to allow them to continue operations over the next 3-5 years, with the terms consistent with
their current arrangements with the DAA and also addressing tenant specific circumstances such maintenance
and other issues; and
WHEREAS, adoption of this resolution approving and authorizing the City Manager to execute on behalf of
the City license agreements with each of the nine tenants located on the City-owned fairgrounds property is
categorically exempt from the requirements of the California Environmental Quality Act("CEQA")in accordance
with Section 15301 of the CEQA Guidelines (Existing Facilities) as the license agreements merely extend the
duration of the existing uses without altering or expanding the uses, and is exempt from CEQA requirements
pursuant to CEQA Guidelines Sections 15304(Minor Alterations to Land) and 15305 (Minor Alterations in Land
Use Limitations) as the license agreements extend existing uses on improved property, do not change land uses
or density, will have negligible or no permanent effects on the environment, and will not result in the removal of
trees.
NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Petaluma as follows:
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1. The above recitals are hereby declared to be true and correct and are incorporated herein as findings of
the City Council.
2. Adoption of this resolution approving and authorizing the City Manager to execute on behalf of the City
license agreements with each of the nine tenants located on the City-owned fairgrounds property is
categorically exempt from the requirements of the California Environmental Quality Act ("CEQA") in
accordance with Section 15301 of the CEQA Guidelines (Existing Facilities) as the license agreements
merely extend the duration of the existing uses without altering or expanding the uses. Additionally,
adoption of this resolution is exempt from CEQA requirements pursuant to CEQA Guidelines Sections
15304 (Minor Alterations to Land) and 15305 (Minor Alterations in Land Use Limitations) as the
license agreements extend existing uses on improved property, do not change land uses or density, will
have negligible or no permanent effects on the environment, and will not result in the removal of trees.
3. The attached, non-exclusive license agreement template (Exhibit A), rent schedule (Exhibit B), and site
map showing each tenant's rental space (Exhibit C) are hereby approved, and the City Manager is
hereby authorized and directed to enter into license agreements with Happy Hearts Preschool,
Rebuilding Together, El Roy's, Java Hut, Play Dog Play, Airport Express, Playland, Live Oak
Elementary and Middle School, and Glad Enterprises, the nine current tenants on the fairgrounds
property, on terms substantially in accordance with the license agreement template in Exhibit A, for use
of the portion(s) of the fairgrounds property indicated in the site map in Exhibit C, for uses consistent
with each tenant's current uses, to be specified in each license agreement, with each license agreement
to take effect following execution by an authorized representative of the tenant and the City Manager
after the DAA lease to the City's fairgrounds property expires on December 31, 2023.
4. The City Manager is hereby authorized and directed to approve such changes to the license agreement
template in Exhibit A and to specify such permitted licensed uses for each licensee that the City
Manager determines with the City Attorney's concurrence are reasonably necessary to implement each
of the nine license agreements approved pursuant to this resolution consistent its purposes.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 2nd day of October DocuSigned E$7:
2023,by the following vote:
City Attorney
AYES: McDonnell,Barnacle,Cader Thompson,Healy,Pocekay,Shribbs
NOES: None
ABSENT: None
RECUSED: Nan
DocuSigned by: DocuSigned by:
ATTEST: (OIAVIi InpulA. F zv
City Clerk Mayor
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EXHIBIT A
Non-Exclusive License Agreement
NON-EXCLUSIVE SITE LICENSE AGREEMENT BETWEEN THE CITY OF PETALUMA AND
CONCERNING A PORTION OF THE
CITY OF PETALUMA FAIRGROUNDS PROPERTY LOCATED AT 175 FAIRGROUNDS DRIVE IN
PETALUMA
This non-exclusive site license agreement("Agreement") is made this day of ,
2023, by and between the City of Petaluma, a California municipal corporation and charter city("City"), with
its principal place of business located at 11 English Street, Petaluma, California, 94952, and
("Licensee"), a California corporation, corporation number
with its principal place of business located at
Background
A. The City owns the real property known as the Petaluma Fairgrounds located at 175 Fairgrounds Drive,
Petaluma, California 94952, A.P.N.s ("Fairgrounds").
B. The City's Fairgrounds property has been under exclusive lease to the Fourth District Agricultural
Association for the previous 50 years, and the current lease term will expire December 31, 2023. The City
is preparing to master plan the Fairgrounds property to preserve the fair use and maximize the public uses
on and access to the Fairgrounds for the benefit of the entire Petaluma community once the City assumes
the management of the Fairgrounds on January 1, 2024. During the term of the 4t'District Agricultural
Association lease, Licensee has been a tenant on the Fairgrounds property, and the City intends to maintain
the current uses on the Fairgrounds while a master plan is prepared to provide stability for the current
Fairgrounds tenants during the master plan process.
C. Accordingly, the City desires to grant, and Licensee desires to obtain, the non-exclusive right to use a
portion of the Fairgrounds property for specified permitted uses for the duration and subject to the terms
and conditions specified in this Agreement.
In consideration of the promises and mutual covenants contained in this Agreement, the parties agree as
follows:
1. Licensed Premises. The portions of the Fairgrounds that are licensed to the Licensee pursuant to this
Agreement are referred to as the Licensed Premises, and are depicted and described in Exhibit A, which is
hereby made a part of this Agreement.
2. Grant of License. City grants to Licensee a non-exclusive, revocable license ("License") to enter
upon and use the portions of the City's Fairgrounds property depicted and described in Exhibit A("Licensed
Premises"), for the uses described in Section 6,below, and Exhibit B. The City expressly reserves to the City
for itself and other potential licensees all uses of the Licensed Premises that do not unreasonably conflict with
the uses licensed pursuant to this Agreement.
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3. License Amendments. The City's primary objective in assuming management and control of its
Fairgrounds property is maximizing the benefits to the Petaluma Community and the public uses on and access
to the City's Fairgrounds property. To achieve this objective, and while the City maintains current uses on its
Fairgrounds property and master plans future fair and other Fairgrounds uses, adjustments may be necessary to
the licenses granted to Fairgrounds users. During the Term, it may be necessary to make reasonable
amendments to this Agreement, including the Licensed Premises, the Licensed Uses and/or other terms and
conditions of this Agreement while maintaining Licensee's operations. The City will endeavor to ensure that
City-proposed amendments to this Agreement result in Licensee's rights remaining reasonably equivalent to
those granted on the Commencement Date of this Agreement, and are implemented so as to minimize cost or
operational impacts on the Licensee, and/or include appropriate adjustments to the License Fee or other terms
and conditions in view of cost or operational impacts on the Licensee, or are otherwise reasonably acceptable to
the Licensee. The Licensee agrees to enter into amendments of this Agreement with the City reasonably
acceptable to the City and Licensee to effect such City-proposed amendments. During the Term, the Licensee
may also propose reasonable amendments to the terms and conditions of this Agreement, and the City may in its
discretion enter into amendments proposed by Licensee to this Agreement that are consistent with the City's
objectives for the Fairgrounds property uses.
4. Term. The term of this Agreement shall commence on January 1, 2024 ("Commencement Date")
and continue through December 31, 2026 ("Expiration Date"), unless earlier terminated in accordance with
Section 11. The City and the Licensee may by mutual agreement amend this Agreement in accordance with
Section 24 to extend the Term by no more than two, additional one-year extensions, extending the Expiration
Date up to but not exceeding December 31, 2028.
5. No Grant of Property Interest or Creation of Irrevocable License. The rights granted under this
Agreement are solely license rights. The License granted under this Agreement is personal to Licensee, non-
transferable and non-assignable (except as otherwise specified in Section 12, below), and terminable by
agreement of the City and Licensee and terminable and revocable by the City in accordance Section I I of this
Agreement. This Agreement conveys no real property interest or estate in the Licensed Premises, and nothing
in this Agreement creates or may be construed to create property interests or estates, such as lease or easement
rights, nor may any conduct of the City or the Licensee create or be construed to create such property interests
or estates, or to create a license coupled with an interest or an irrevocable license, and the Licensee hereby
waives, releases and disclaims on behalf of the Licensee and any successors and assigns of the Licensee any
such interest in the Licensed Premises.
6. Licensed Uses. While this Agreement is in effect, Licensee shall have the non-exclusive right to use
Licensed Premises, solely and exclusively for the purposes described in Exhibit B, ("Licensed Uses). Exhibit
B is hereby made a part of this Agreement. Upon a proposal from the City in accordance with Section 3 or on
request from the Licensee, the City and Licensee may agree to amend the Licensed Uses in accordance with
Section 24 of this Agreement. Amendments to the Licensed Uses in accordance with this section may require
and include other amendments to this Agreement, including,but not limited to, amendments to the Licensed
Premises pursuant to Exhibit A, the License Fee pursuant to Section 8, the Insurance Requirements in
accordance with Section 20 and Exhibit C and/or other amendments.
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7. Limitations on Licensed Uses. Licensee may not use, and shall prohibit any of its agents or representatives
from using, the Licensed Premises for uses other than the Licensed Uses as specified in Section 6 and Exhibit
B. In addition, the following limitations apply to the Licensed Uses:
a. Installation,Alteration. Licensee may not construct or install any structures, signs or
improvements on the Licensed Premises, or alter any existing structures, signs or improvements on the Licensed
Premises, or modify the Licensed Premises in any manner, including but not limited to, grading, excavating or
paving, without the prior written consent of an authorized representative of the City, and if necessary, execution
of an amendment to this Agreement by authorized representatives of the City and the Licensee in accordance
with Section 24.
b. Damage,Waste,Nuisance. Licensee may not damage the Licensed Premises or commit or
permit waste or creation of nuisance conditions on the Licensed Premises.
c. Hazardous Material. Except as otherwise expressly provided in Exhibit B, Licensed Uses, and
subject to all applicable requirements and safeguards in Exhibit B and applicable law, Licensee may not permit
any hazardous material including, but not limited to, any material defined as a"hazardous substance, pollutant
or contaminant"pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended(42 U.S.C. Sections 9601 et seq.); or pursuant to Section 25316 of the California Health and
Safety Code; "hazardous waste"pursuant to Section 25140 of the California Health and Safety Code; asbestos
and asbestos containing materials; and petroleum, including, without limitation, crude oil or any fraction
thereof, natural gas, or natural gas liquids, to be brought upon, kept, used, stored, released, generated or
disposed of in, or about the Licensed Premises or transported to or from the Licensed Premises. Licensee shall
immediately notify the City of any release or suspected release of hazardous material on or from the Licensed
Premises, comply with all laws requiring notice of such release or threatened releases to governmental agencies,
and take all action necessary to mitigate the release or minimize the spread of contamination. Licensee shall, at
Licensee's sole cost and expense and without cost to the City, and in accordance with all laws and regulations,
return the Licensed Premises to the condition immediately prior to the release of any hazardous material in
violation of this provision.
8. License Fee. The License Fee that the Licensee shall pay the City in consideration of the License
granted under this Agreement shall be $ , payable beginning on the Effective Date and monthly on the
first of each month thereafter during the Term. Payments must be made payable to the City of Petaluma and be
delivered to the City at the address specified in Section 21 of this Agreement.
9. No Warranties. The Licensee understands that as the City assumes management and
control of its Fairgrounds property following the expiration of the 4th District Agricultural
Association Lease, there are needed improvements and deferred maintenance conditions on the
Fairgrounds, including the Licensed Premises. Accordingly, the City expressly disclaims any
warranty of fitness of the Licensed Premises for the Licensee's intended use, and expressly
disclaims any warranty of merchantability. Licensee acknowledges that Licensee has had ample
opportunity to view, inspect and use the Licensed Premises, and has performed such inspection
as Licensee deems necessary, such that Licensee accepts the Licensed Premises in an as-is
condition, with all faults including security, and without any warranty whatsoever, express or
implied. The Licensee is also hereby given notice that the lease between the City and the 4th
District Agricultural Association that is expiring December 31, 2023 provides that any
improvements that the Association constructed on the Fairgrounds during the term of the lease
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are the property of the Association, and may be removed by the Association during lease term
and the six months immediately following expiration of the lease. As of the Commencement
Date, the City is aware of no plans of the Association to remove any improvements on the
Fairgrounds.
10. Maintenance of Licensed Premises. Licensee will keep the Licensed Premises the Licensee uses
for the Licensed Uses in as good condition as existed on the Commencement Date of the License Term, normal
wear and tear and use by others excepted, and keep the Licensed Premises safe for use by Licensee, its invitees,
the City, and its officials, officers, employees, agents, invitees, and by members of the public using the
Licensed Premises. Licensee will repair to the reasonable satisfaction of the City any damage to the Licensed
Premises resulting from Licensee's use of the Licensed Premises. Upon expiration or termination of this
Agreement, Licensee will surrender the Licensed Premises in as good a condition as existed on the
Commencement Date of the License Term, normal wear and tear use by other licensees and others excepted.
11. Termination. This Agreement may be terminated as follows:
a. Termination by Agreement. The City and Licensee may terminate this Agreement by mutual
agreement.
b. Termination for Cause. Either party may give written notice to the other party of termination of
this Agreement for cause specifying the other party's failure(s) to comply with this Agreement giving rise to the
notice of termination and the effective date of termination. The party giving notice of termination will allow the
other party a reasonable period of at least 30 days or more, specified in the notice, in which to cure that party's
failure to comply with this Agreement. However, if the City reasonably determines that Licensee's failure to
comply with this Agreement is resulting in or will result in a serious threat to public safety or property, the City
may give Licensee notice to suspend licensee's operations on the Licensed Premises, and/or to correct the
Licensee's noncompliance immediately, without allowing a period to cure, and if Licensee's operations are not
suspended or Licensee's noncompliance is not corrected in accordance with and by the time specified in the
City's notice, then the City may terminate this Agreement in accordance with its notice.
12. No Unauthorized Assignment, Sublicensing or Delegation. The Licensee may not assign or
sublicense Licensee's rights under this Agreement or delegate any of Licensee's obligations under this
Agreement without the prior written consent of an authorized representative of the City, and if necessary,
execution of an amendment to this Agreement by authorized representatives of the City and the Licensee in
accordance with Section 24. Any purported assignment, sublicense, or delegation of Licensee's rights or
obligations under this Agreement without the prior written consent of the City will be void, and the City may
treat such purported assignment, sublicense or delegation as cause for terminating this Agreement in accordance
with Section 11(b).
13. Renovation or Alteration of Licensed Premises. Licensee may seek and City may grant approval
to alter or renovate the Licensed Premises. Any approved alteration or renovation of the Licensed Premises will
be subject to all applicable laws and regulations, and will be made at Licensee's sole expense, unless the parties
agree otherwise in writing. Licensee may not make any alterations, install any fixtures, or make any additions,
renovations or improvements to the Licensed Premises except for temporary fencing or other similar temporary
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security measures or other uses in or around the Licensed Premises in accordance with the Licensed Uses
specified in Exhibit B, without the prior written consent of the City.
14. Surrender and Repair of Damage. Within 14 days of termination or expiration of this Agreement,
or a later time on which authorized representatives of the City and the Licensee have agreed, Licensee shall
surrender the Licensed Premises in as good condition as existed on the Commencement Date, normal wear and
tear and use by others excepted, free from hazards and clear of all debris and of all personal property of
Licensee. Licensee shall promptly, at its sole cost, repair any and all damage to the Licensed Premises and any
personal property located thereon resulting from the Licensed Uses. Licensee shall obtain the City's prior
approval for any such repair work. If the Licensed Premises or any personal property are damaged as a result of
the Licensed Uses, and the Licensee fails to repair the damage in accordance with this section, the final repair
costs owed by Licensee shall be determined by the City, and shall be paid by Licensee within 30 days of City's
demand. Licensee's obligations under this section shall survive the expiration or termination of this Agreement.
15. Right of Entry. City and its authorized representatives will have the right to enter the Licensed
Premises at all reasonable times, on reasonable notice to the Licensee, to inspect the Licensed Premises and
Licensee's operations to ensure compliance with this Agreement and provide for public safety on the City's
Fairgrounds property.
16. Nondiscrimination. Licensee agrees for itself and all persons claiming under or through
Licensee that this License is granted and accepted subject to the requirement that there may be no
discrimination against or segregation of any person or group of persons on account of race, color,
creed, religion, sex, sexual preference, orientation, or identity, marital status, disability, national origin
or ancestry in the use of the Licensed Premises, nor shall Licensee or any person claiming under or
through Licensee, establish or permit any such practice or practices of discrimination or segregation
regarding the Licensed Uses on the Licensed Premises.
17. Government Regulations. The License must comply with all statutes, ordinances and regulations
applicable to the Licensee's use of the Licensed Premises pursuant to this Agreement.
18. Indemnification. To the maximum extent permitted by law, Licensee shall, at its own expense,
indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld),
and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and
against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation,
claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature,
whether actual, alleged or threatened, arising out of or in connection with Licensee's use of the Licensed
Premises or Licensee's failure to comply with any of the terms of this Agreement, regardless of any fault or
alleged fault of the Indemnitees. Licensee's obligation to indemnify, defend and hold harmless under this
provision shall not be excused because of Licensee's inability to evaluate Liability, or because Licensee
evaluates Liability and determines that Licensee is not or may not be liable. Licensee must respond within 30
calendar days to any tender of defense and indemnity by the City, unless the time for responding has been
extended by an authorized representative of the City in writing. In the event that the City must file responsive
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documents in a matter tendered to Licensee prior to Licensee's acceptance of tender, Licensee agrees to fully
reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the
City in filing such responsive documents.
Licensee waives any and all rights to express or implied indemnity against the Indemnitees concerning
any Liability of Licensee arising out of or in connection with Licensee's use of the Licensed Premises or
Licensee's failure to comply with any of the terms of this Agreement.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2783, as may be amended from time to time, Licensee's duty to indemnify under
this provision shall not apply when prohibited by California Civil Code Section 2782, as may be amended from
time to time.
Notwithstanding the foregoing, to the extent that Licensee's use of the Licensed Premises includes
design professional services subject to California Civil Code Section 2782.8, as may be amended from time to
time, Licensee's duty to indemnify shall only be to the maximum extent permitted by California Civil Code
Section 2782.8.
19. Waiver of Claims. In view of the needed improvements and deferred maintenance conditions on
the Fairgrounds, including the Licensed Premises, following the expiration of the 0 District
Agricultural Association Lease, the City and Licensee agree that neither City nor any of its Indemnitees
shall be liable for any damage to the property of the Licensee, or any bodily injury to Licensee or its employees,
agents, or invitees, or for any other loss, resulting from the condition or security of the Licensed Premises. To
the maximum extent permitted by law, Licensee fully releases, waives, and discharges forever any claims,
demands, rights, and causes of action against, and covenants not to sue, City or Indemnitees for any claim or
event relating to the condition or security of the Licensed Premises or Licensee's use thereof, including in the
event City exercises its right to suspend, revoke, or terminate this Agreement.
20. Insurance. Licensee shall procure and maintain in effect throughout the Term insurance in
accordance with this provision, and Exhibit C which is attached to and made a part of this Agreement. Exhibit
C sets forth the minimum kinds and amounts of insurance that Licensee must maintain pursuant to this
Agreement, as well as required endorsements and other requirements.
21. Notices. Notice pursuant to this Agreement will be given as follows:
City: City Manager and Assistant City Manager
City of Petaluma
11 English Street
Petaluma, CA 94952
Licensee:
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22. Statutory Notice Regarding Possessory Interest Tax. Licensee is advised that under California
Revenue and Taxation Code Section 107.6, execution of this Agreement may create a possessory interest in
Licensee subject to property taxation. Licensee hereby agrees that if such possessory interest is created and
such interest is subject to property taxation, Licensee will be solely responsible for the payment of said property
taxes levied on any such interest.
23. Attorneys Fees. If either party brings legal action arising out of this Agreement, the prevailing party
in that action will be entitled to recover in addition to that party's court costs reasonable attorneys fees to be
fixed by the court.
24.Amendment. This Agreement may be amended only by a written instrument executed by authorized
representatives of each party.
25. Construction. This Agreement is the product of negotiation and compromise on the part of both
parties and the parties agree that, notwithstanding Civil Code Section 1654, any uncertainty in the Agreement
shall not be construed against the drafter of the Agreement.
26. Governing Law and Venue. This Agreement shall be enforced and interpreted under the laws of the
State of California and the City of Petaluma. Any action arising from or brought in connection with this
Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California.
27. Non-Waiver. The failure to enforce any provision of this Agreement or the waiver thereof in a
particular instance shall not be construed as a general waiver of any part of such provision, and the provision
shall remain in full force and effect.
28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in
full force and effect.
29. No Third-Party Beneficiaries. The parties do not intend to create, and nothing in this Agreement
shall be construed to create any benefit or right in any third party.
30. No Joint Venture. The relationship of the parties is solely that of licensor and licensee, and no joint
venture or other partnership exists or is created between the parties. Neither party assumes any fiduciary
relationship hereunder to the other.
31. Headings. The headings used in this Agreement are for convenience only and are not intended to
affect the interpretation or construction of any provisions herein.
32. Survival. All obligations arising prior to the expiration or termination of this Agreement and all
provisions of this Agreement allocating liability between City and Licensee, including, without limitation,
Licensee's obligations under Section 18, shall survive the expiration or termination of this Agreement.
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33. Entire Agreement. This Agreement, including all exhibits, constitutes the entire agreement
between the parties and supersedes all prior agreements or understandings, oral or written,between the parties
concerning the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above
written.
CITY OF PETALUMA LICENSEE
Peggy Flynn, City Manager , of
Date Date
ATTEST: APPROVED AS TO FORM:
Kami Noriega, Deputy City Clerk Eric Danly, City Attorney
List of Exhibits
Exhibit A—Licensed Premises
Exhibit B —Licensed Uses
Exhibit C -Insurance Requirements
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EXHIBIT B
Rent Schedule
Rent Schedule for Fairgrounds Long Term Tenants
Airport Happy Rebuilding
Year El Roy's Java Hut Live Oak*
Express Hearts Together
2024 $12,240 $44,400 $84,000 $96,329 $30,480 $5,700
2025 $12,668 $45,954 $86,940 $96,329 $31,547 $5,900
2025 $13,112 $47,562 $89,983 $96,329 $32,651 $6,106
2027 $13,571 $49,227 $93,132 $96,329 $33,794 $6,320
2028 $14,046 $50,950 $96,392 $96,329 $34,977 $6,541
Total $65,637 $238,093 $450,447 $481,645 $163,448 $30,566
Play Dog Speedway Total Rent +
Year Playland Speedway Total Rent Concessions
Play ** Concessions
2024 $43,440 $64,200 $37,030 $417,819 $85,800 $503,619
2025 $44,960 $66,447 $37,771 $428,516 $85,800 $514,316
2025 $46,534 $68,773 $38,526 $439,576 $85,800 $525,376
2027 $48,163 $71,180 $39,297 $451,012 $85,800 $536,812
2028 $49,848 $73,671 $40,083 $462,836 $85,800 $548,636
Total $232,946 $344,270 $192,707 $2,199,759 $429,000 $2,628,759
*Live Oak stays flat with a 20% rent reduction and 20% allocation to maintenance (escrow
account)
** Based on estimated events = 26
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EXHIBIT C
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