HomeMy WebLinkAboutResolution 91-194 07/01/1991`Yi Resolution No. 91-194 N.C.S.
of the City of Petaluma, California
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4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
5 PETALUMA AMENDING THE LEASE AGREEMENT BETWEEN THE
6 CITY OF PETALUMA AND THE PETALUMA BOYS AND GIRLS CLUB
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9 WHEREAS, the City Council of the City of Petaluma authorized a ground lease of
10 real property to the Petaluma Boys and Girls Club on September 17, 1990; and
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12 WHEREAS, the City of Petaluma and the Petaluma Boys and Girls Club, a
13 California non-profit corporation entered a lease agreement on or about September 17,
14 1990, a true and correct copy of which is attached hereto and marked as Exhibit A; and
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16 WHEREAS, the Petaluma Boys and Girls Club has requested amendment to the
17 lease to provide a new section requested by lenders which would assist the Petaluma Boys
18 and Girls Club in their construction needs.
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20 NOW, HEREBY BE IT RESOLVED that the City Manager is authorized to sign
21 an amendment to the lease, a true and correct copy of which is attached hereto and
22 marked as Exhibit B.
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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) (xa,~isa~l:~l~~t) meeting form
on the .1~X .................. day of ...........s~U)„y.................................-...-..., 19..x.1., by the /L~-
following vote: `~ ~
City Attorney
AYES: Davis, Cavanagh, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: ~
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ABSENT: Sobe i ~ ~T/~A~"I~N~~Read /~~
ATTEST : ......................... .. ....FIB-LI`---..................... ..-----._'.. ....... -.- .-. ....-..--..-....!'d:`~.....-.
City Clerk --•~ (~ Mayor
Gbuncil File. /.D.L....~~.
CA 10-85 ~~s. Na.....9.1.-194......... w.cs.
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LEASE AGREEMENT•
THIS .Lease Agreement is entered into this 17th day of
September ,' _1990, by and between the City of Petaluma,
hereinafter ref erred~to as "City" and the Petaluma Boys and Girls
Club, a California non-profit corporation, hereinafter referred
to as 1°Club. "
WHEREAS, Club desires ,to fund the construction of a building
which is to be known as the Boys~and Girls Club;
and
WHEREAS, the building will become. the property of the
Petaluma Boys and Girls Club.
NOW, THEREFORE., in consideration of the promises and mutual
covenants contained in this agreement, the parties hereby agree
as follows:
1. Premises.. City leases to Club one acre (more or less)
in Lucchesi Park,. Petaluma, California:, as shown in Exhibit "A",
for the purpose of construction and operation of a Boys and Girls
Club facility by Club. All land in Lucchesi Park adjoining Club
facility will be .mantained~by the City after the Club landscapes
park areas disturbed during construction. Club will maintain its
building and parking lot.
2.' Rent. Club shall pay annual•rent of One Dollar ($1.00)
.payable March. lst~ of each year. Club will use its own funds to
con~ruct ~ facility.
3.~ Term, The term of this Lease Agreement shall be for
fifty ( 50 ) years commencing on March 1, 1991, with an option to
extend. the, lease an additional twenty=five (25) years, unless
terminated as provided herein. The Club shall have first right
of refusal to purchase the~land during the term of this lease.
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2 If they City receives an offer to purchase land it is "willing to
3 accept,. City will give written notice to Club spelling out terms
' 4 of the offer in detail. Club shall have sixty (60) days to
5 advise of its intent to exercise its right of first refusal.
6 This~Lease Agreement is revocable .only by mutual written consent
' 7 of City and Club. In' the. event that Club fails to initiate
8 construction "withi'n five (5) years "from. the date of this
• 9 agreement or 'its construetion.s not completed as evidenced by a
l0 notice of completion approved by the City Council within seven
11 (7) years of the date of this agreement; this agreement shall be
12 null and void. SYould Club not be able to continue. the
13 operations of their facility as a Boys. and Girls Club.for the
14 duration of this lease, the facility shall become the property of
15 the City at that 'time without reimbursement to Club for the cost
16 of the construction of the facility.
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18 4. Comolance.~ Club agrees to fully comply with all
1,9 local, city,state and federal laws, regulations and ordinances
20 governing use of the Land and their facility.
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;22 5. Indemnf.icat-ion. Club shall ,indemnify,. save, hold
23 harmless and defend the City, its officers, employees and. agents
24 from and against. all losses and claims, demands, suits., ac tions,
25 payments,, and judgments, including attorneys' fees and. expert
26 witness fees, arising out. of or in connection with Club's
27 operation and/or use~of-the land.
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29 City shall indemnify, save,_hold.harmless and defend
30 Club, its officers, employees and agents .from and against all
31 losses and.' all claims, demands, suits, actions, payments, and
32 judgments,, including attorneys' fees and expert witness fees,
33 arising out of or in connection with any City use of the Glub's
34 facility.
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36 6, 'Insurance. Club, at its own cost and expense, shall
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37 pr-ocure and maintain for the duration of this agreement insurance
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against claims for injuries to persons or damages to property
~~which may arise from or in connection with Club's .use of the
land. "The cost of such .insurance shall be borne by Club and
shall have combined single limits of not less than One Million
Dollars. ($1,'000,OOD.OA).
Club shall provide the City with a Certificate of
Insurance, which Certificate of Insurance shall name the City of
Petaluma as an additional insured.
7. ~ Attorney's Fees. In the event either party hereto
shall commence any legal .action arising out of this agreement or
the performance thereof, the party prevailing in said action or
proceeding shall be entitled to recover:,. in .addition to its court
costs, reasonable.-attorneys' fees to be fixed by the Court.
8. Notice. All notices required or permitted by this
agreement, including. notice of change of address, shall be in
writing and given by personal delivery or sent by United States
mail, postage. prepaid, and addressed .to the parties intended to
be notified. Notice shall be deemed to be given . as of the date
of delivery. in' person. or as of the date. when: deposited in any
post office~.or any.pos.t office box regularly maintained by the
United States Government.
9. Sublease. Club shall not sublease the premises without
.prior written consent of the .City.
~Ngtce shall be given as follows:
City: City Clerk
City of,'Petaluma.
Post Office Box 61
Peta uma, California 94953
Club: Petaluma Hoys and Girls Club
4.26 Eighth Street
Petaluma, California 94.952
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This agreement constitutes the entire understanding between
the parties hereto as of its effective date.
IN WITNESS WHEREOF, the parties have executed this agreement
as of .the day and year first above written.
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Ci >o$~.Pe aluma
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%~~ ty a alter
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City-Attorney
Pefal~ma Bo~s an~•Grls, Club
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Bye 1~ « !~^-'~` ~~~/l~"~ti`~~
Name and Title
ATTEST:
Patricia, E`. Ber-riard, City Clerk
cJClease
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inane D-irector
ANi`E1yDA~EA1'1' T® LEA'SE' AGRE1r)VIEIVT
WHEREAS, the City. Council of the City-of Petaluma' authorized' a ground lease of
real property to the. Petaluma Boys and Girls Club on September 17, 1990; and
WHEREAS, .the City of Petaluma (hereinafter referred to as "City") and the
Petaluma Boys and Girls Club,, a California non-profit corporation (hereinafter referred to
as "Club") entered a lease agreement on or about September 17, 1990, a true and correct
copy of which is attached hereto and marked as Exhibit A; and,
WHEREAS, Club. h'as requested amendment to the lease to provide a new section
requested by lenders which would assist the Ciub in their construction needs.
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained in the original lease and this amendment,. the parties hereby agree that the lease
attached hereto and marked. as Exhibit A shall be amended to add the following:
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"10. LENDER
Notwithstanding .anything to the contrary contained in this lease, it is
understood, and agreed. that Lessee may, without the consent of
Lessor,. assign, transfer, mortgage or encumber Lessee's interest under
this lease .and leasehold estate created, to a lender on the security of
the leasehold estate for the sole purpose of providing security for the
repayment of a loan or loans made` ands used to finance the
construction of substantial improvements by Lessee upon the leased
premises and Lessee may ,~ execute: any 'and. all instruments in
connection;~therewith necessary: and proper to complete any such loan
~, and perfect' the security therefor asp may be required by such lender:
Any such lender shall have the right at any time. during. the term
hereof and while this lease is in full force and effect;
(a) To do any act or thing required of Lessee hereunder and -all
such acts or things done .hereunder. shall be as effective to
°prevent a forfeiture of Lessee's rights hereunder as if done by
Lessee;
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(b) To realize on the security of the leasehold estate and. to
acquire and succeed to the interest of the Lessee hereunder by
.foreclosure or by a deed of assignment given in lieu of
foreclosure and thereafter at such lender's option to convey or
assign the interest or title to this leasehold estate to any other
person subject to the term, conditions and covenants of this
lease; and
(c) To cure, within sixty (60) days .after notice of default by Lessee
under the'terms-of this lease.
A copy of any security devices or other instruments shall be filed with
Lessor prior to the effective. date thereof and the Lessee shall give
Lessor prior.written notice of.changes thereto.
IN WITNESS WHEREOF, the parties have executed this agreement as of the
-day of , 1991.
City of Petaluma Petaluma Boys &-Girls Club
By
City Manager Name and Title
ATTEST:
City Clerk
APPROVED AS TO FORM:
City- Attorney
APPROVED:
APPROVED:
Parks and Recreation Director Risk Manager
APPROVED:
Finance Off cer
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