HomeMy WebLinkAboutStaff Report 03/12/2001 (14) _ M
CITY OF PETALUMA, CALIFORNIA 13
AGENDA BILL_
Title; Meeting=Date:
• Agenda'Introduction.of Ordinance for Airport"Hanger Ground Lease January 16, 2001
MArch 5;,, Ua7
Department. Director: Contact Person: Phone Number:
Public:.Facilities & Skladzien Glosa '707 778-4345
Services. _
Cost of Proposal: n/a Account Number:
N/A
Amount Budgeted: n/a 'Name of Fund:
Attachments to Agenda-Packet:Item"
Lease Agreement
Ordinance Approving Lease Agreement
Summart Statement:
The Petaluma Municipal Airport has property planned and available ;for the development of privately
owned executive-type hangers. The Airport Commission has pfeviously approved the agreement and
recommends the development of the parcel, located next to theePflendler hanger. Development,of this
area is consistent with the Airport Layout Plan.
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Council Priority: THIS AGENDA ITEM IS CONSIDERED TORE PART OF, OR'NECESSARY To, ONE OR
MORE OF THE 1999-2000 PRIORITIES'ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999
AND MARCH 18, 2000:•
Priority(s): N/A
Recommended City Council Action/Suggested'l Motion:
Introduce the Ordinance approving the lease agreement and directing theXity:Manager to enter into the
agreement.
Reviewed by Finance Director: Reviewed,kV City Attorney: Approved by City Manager:
Date: Date: 4Date:
Today's Date: .Revision`# and Date Revised: File Cod
December 1, 2000
• CITY OF PETALUMA, CALIFORNIA
January 16, 2001
•\ AGENDA REPORT
FOR
GROUND LEASE AGREEMENT — AIRCRAFT HANGER.
1. EXECUTIVE SUMMARY: The Petaluma Airporthas space,availablefor the development of privately
owned aircraft hangers. Mr. Bud Toly has agreed to enter into a ground lease for the purpose;of
building a private executive-type aircraft hanger>on a city-owned site next to an existing hanger: The
location conforms to the Land Use Plan for'thetairport (see'attached`site=plan). Mr; Toly is willing to,
enter into a long-term lease agreement and to pay for all improvements to the site, including utility
extensions. The lease rate, at 25 cents per square foot of parcel space,is consistent with similar airport
land leases:in the area The term of the;lease is thirty (30) years with a first right of refusal for an
additional twenty(20) years, subject to obtaining a mutually agreeable lease with the City. An annual
CPI adjustment is included in the rate.
2. BACKGROUND: Last summer, Mr. Toly and others approached.the Airport Commission regarding
interest in obtaining'along-term=lease to;erect.aprivate executive hanger at the airport. After several
months of discussion,the other parties withdrew from the project. Mr: Toly is interested in proceeding
with the lease and construction on his,own. The development;of the hanger would contribute to the
overall development of the airport';property and is consistent in location with the Airport Land Use Plan.
In consideration that the airport currently has no funds to develop or,extend utilities and other
`� improvements to the building site, Mr. Toly agrees to front the cost of those improvements. The City
has offered a"credit" on,his rent, based on actual documented expenses,•to offset those costs not to
exceed$20,000, computed at 40% of hi`s base rent. Based on;an approximately lot size of 20,000 sq ft,
revenue to the City during theinitial30 year period wouldbe'$150;000, plus CPI. At the end of the
term of the lease, the City could negotiate a renewal or may take possession of the improvements for use
as the City sees fit in accordance with the use regulations.:
3. ALTERNATIVES:
Recommend modifications to the lease
Not approve the lease and opt for the City to,build it's own building or wait for some,other proposal at
some future date.
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4. FINANCIAL IMPACTS:
Development of this project will provide another long-term tenant at,the airport. Tenant will purchase
fuel and other services from the airport and its other tenants;,thereby increasing the viability of the
airport. No development costs will be attributed'to the City. Development fees will be'assessed.
fk
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loft Hanger Lease
. _;;ember 1, 2001
Page 2
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5. CONCLUSION: •
The proposal is consistent with the development guidelines of the airport and would be a welcome
addition to the existing facilities, both public and private.
6. OUTCOMES OR PERFORMANCE!MEASUREMENTS-THAT WILL IDENTIFY SUCCESS oR COMPLETION:
Success will be measured by the timeline for construction contained in the lease agreement.
7. RECOMMENDATION:
Approve the lease agreement and introduce the ordinance approving the lease.
g:/forms/2000 Agenda Bill revised 042100
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NON-COMMERCIAL LEASE AGREEMENT
PETALUMA MUNICIPAL.AIRPORT
THIS LEASE AGREEMENT is made and entered, into as of, the' day of
20 by and between the CITY OF PETALUMA, a political subdivision of Ihe State of California,
hereinafter referred to as,"Lessor' or"City'"and Bud Toly, hereinafterireferred to as"Lessee."
WITNESSETH
WHEREAS, the Lessor herein is a'political subdivision'duly organized and operating under the laws of
the State of California, and owns all that !certain real property located at the Petaluma Municipal
Airport, Petaluma, California, a city airport, hereinafter"referred:to as "Airport';:and
WHEREAS, Lessor deems it advantageous•to' itself and the operation of the Airport to lease unto
Lessee a certain parcel of land described'therein, together with certain privileges, right, uses and
interest therein, as,hereinafter'set forth;;and`
On WHEREAS, Lessee proposes to ,lease a;ground area consisting of those portions of the Petaluma
Municipal Airport described in Exhibit A" and;shown,on the plat,marked Exhibit'B," attached hereto
and incorporated herein; by reference (the '-Premises")_ Said properties shall be used as a general
aviation aircraft storage hangar; and
WHEREAS, Lessee has indicated a=willingness and ability properly keep and maintain and improve
the leased ground;irraccordance:With standards established by Lessor;"and.
WHEREAS, Lessee desires to obtainvand avail'.itself of the privileges, rights, uses and interest therein
and herein.
NOW, THEREFORE, ITIS AGREED AS.FOLLOWS:
1. TERM
Lessor, _for and inconsideration of all the covenants,;conditions, and agreements4o be set'forth
hereinafter to be kept and performed by Lessee and by Lessor; does hereby lease unto Lessee,
• on all the conditions, covenants, terms and agreement§ hereinafter set forth, those 'certain
premises described in.Exhibits A and B attached,hereto and incorporated herein, for,a term of
thirty (30) years, commencing on . , and ending on
Lessor,hereby grants to Lessee a first right of refusal to extend this lease by not more than
twenty (20) years, subject to obtaining amutually"agreeable lease.with Lessor.
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2. RENTAL • •
Lessee slall.pay to Lessor a'rental in accordance with the following provisions:
(a) The annual base ground rental for the.total premises, as described.in Exhibits A and B
shall be at $0.25 'per square foot. Said rental shall be payable in advance, on execution
of this lease, for the first year of this lease. Thereafter, the rental rate for the remaining
period of the lease term shall be determined at the commencement of each successive
lease year period at the rental rate applicable for the immediately preceding lease year
adjusted for an increase in the,Bureau of Labor Statistics Cost.of Living Index - San
Francisco - Oakland, all items; for said preceding year.. In,no event shall the;rental rate
for any lease year be less than the applicable rental rate for the;immediately.;preceding
lease year:
(b) Beginning with the second lease year, the;base ground rent shall be payable, in advance,
in semi-.annual•installments for each (6) six-month period of the lease.,Lessor shall send
a billing for such semi-annual payment,thirty (30) days prior-to the dueidate .however,
failure by Lessor to send, or failure by Lessee to receive, suchbilling, shall not excuse
Lessee's'obligation to pay rent hereunder nor constitute a waiver by Lessor of its right
to rent under this Lease. In the event such payment is not made within five (5) days'of
the due date, there shall be a penalty of six;percent (6%) of the amount due and owing,,
wluch,penalty shall become part of that semi-annual rental payment.
Furthermore; and in addition thereto, any amount of rental payment and penalties •'
unpaid after thirty (30) days shall have a one and one-half percent (1'/2%) per month
interest charge on the unpaid amounts, which interest shall likewise become part of the
rental payment. •
(c) In consideration of costs associated with off-site improvements, including extension of
utilities, Lessor shall grants to Lessee a credit tagainst the semi-annual 'rental, as
provided hereafter: Such credit shall b e pro-rated equally among the semi-annual lease
payments, not to exceed forty percent (40%) of any one semi=annual payment, until,full
credit, as defined hereafter, is received. "Full credit" shall,mean actual out-of-pocket,
documented expenses for the off--site improvements; not to exceed $20,000. Lessee
shall provide Lessor with documentation of any expenses claimed under this provision
whenclaiming:all or any part of such credit.
3. OFF-SITE IMPROVEMENTS
Lessor shall set the necessary boundary'monument§ and grade stakes on the leased premises at
Lessee's expense. Lessee shall provide a paved taxiway, or ramp to the leased,:premises of
adequate width to permit.access to said premises by taxiing aircraft, as may be required by
Lessor. Lessee shall not be responsible for maintenance of any off=site•improvements.
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4. ON-SITE IMPROVEMENT REQUIREMENTS; DEADLINE;FOR COMMENCEMENT OF
CONSTRUCTION+ •
•� The Lessee shall be required to construct on the Premises a,building in conformity with all
applicable laws, ordinances; rules and regulations. The building shall be approved by the Site
Plan and Architectural"Review Comrnittee of-the City of`Petaluma, or, at the option of the
Community Development Director, by. administrative SPARC approval. If Lessee has not
secured all necessary administrative approvals and commenced actual construction on or before
the date which is twelve months after the commencement of this Lease, then this Lease shall
become nuliand void, and-Lessee'shall promptly vacate the leased premises. If Lessee has not
completed'.construction within twenty-four- (24), months of the commencement, of this Lease,
then this Lease shall become null and Void; and Lessee shaft promptly vacate the leased
premises.
5. UTILITIES
Lessee shall pay for all water, sanitary sewage, gas service, electric power, telephone service,
and all other services supplied to the said premises by Lessor, or any public utility; and shall
pay all costs for the installatiomand;connection.to such.services.
6. USE OF PREMISES
The leased premises shall be used:as'follows:
(a) For the storage of generahaviation aircraft in"a hangar"to be constructed by Lessee.
(b) Common Facilities
Lessee and/or Sublessee shall have the:rightyiofaccess to and use of facilities at Airport
designed for,common;use,'such'as landing area aprons; taxiways, flood lights, landing
light, beacons, navigational aids, tower communication, public address systems, and
other common use facilities supplied by Lessor for convenience and accommodation in
operation, landings, and take-off,of aircraft. The rights herein extended to Lessee shall
be inclusive of the rights to land,take off, taxi, tow,load; or unload aircraft.
(c) Lessee and/or- Sublessee shall not conduct scheduled air carrier operations on the
premises or at the airport.
(d) Air charter;services, if desired, will bey subject-to the restrictions as may bet required by
the City of Petaluma or,other regulatory,°agencies,which may apply.
7. OPERATION OF AVIATION BUSINESS BY LESSEE •
Conditions ofF.ederal Grant:
(a) This lease`."shall bei subordinate and "subject to the Grant Agreement, by and between the
United'States.of America, Federal Aviation Agency, and Lessor, and subsequent grants
and agreement.
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8. SURETY BOND
Prior to the commencement of construction of the hangar,Lessee, atsits_ sole cost and expense, •
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shall `furnish the Lessor a surety bond of an admitted surety .company licensed to transact
business: in the State of`California and satisfactory to Lessee, in a sum not less than Five
Hundred'Thousand Dollars•($500,000) or substitute security guaranteeas may be approved'by
the City.
9. MAINTENANCE AND REPAIRS
Lessee shall, at his;;sole,cost and expense, keep and maintain said premises and appurtenances,
and,every part thereof, in good and sanitary:'order, condition and repair, and hereby,waives all
right to make repairs at the expense of Lessor as.provided in Section 1942, et seq.,of the Civil
Code of the State of California. Any failure to maintain_or make said repairs upon•being
notified:by Lessor shall constitute a defaultby Lessee.
10. ALTERATIONS AND ADDITIONS •
Subsequent to completion of the improvements and facilities as hereinagreed to, Lessee shall
not make any alterations to the exterior thereof or erect any .additional structures or
improvements on the Teased premises without prior written consent of Lessor. Any such
exterior alterations,or additions approved by Lessor shall be constructed_at the sole expense of
Lessee.
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11. SIGNS
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;Lessee shall be privileged to erect such signs as complywith applicable City of Petaluma
ordinances and to place the same upon the'improvement"to be erected pursuant hereto. The
text, color, and design of all signs shall be subject to the prior.approval of Lessor:
12. ;UNLAWFUL.USE
No building, structure, or improvement of'any,kind shall be erected,,placed upon,.operated, or
maintained on the,leased premises,_ nor shall any business or operation be conducted or carried
on therein. or thereon in violation of any ordinance, law, statute, order; of rule' of any
governmental agency having jurisdiction thereover, "nor shall any use be made of the' leased
premises which has nofbeemspecificallyallowed.
13. WASTE, QUIET`CONDUCT
Lessee shall not commit, or suffer to be committed, any waste upon 'said,premises, or any
nuisance or other" act or thing which may disturb the quiet enjoyment off the use of the
surrounding airport property.
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14. RULES, REGULATIONS, POLICIES AND STANDARDS
•\ Lessee agrees to ob"serve,'and obey all rules and regulations promulgated and enforced by
Lessor or any other appropriate authority having jurisdiction over the'Airport during the term of
this lease. -
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15. INSURANCE
Lessee agrees to .procure,and' maintain at'its own cost and expense, and at all times during the
term of this lease, comprehensive liability insurance naming 'Lessor, its officers, boards,
commissions; employees and agents asp additional insureds in the following amounts: property
damage, $ bodily injury, $ per •person; and
$
per occurrence.
Evidence of such insurance shall-be provided by Lessee by filing with the Lessor a copy of the
policy or policies,:togethertwith a.duly eXecuted certificate Of`the,insurer to;the effect that the
insurance required by this lease'is: in force and effect. Said policy or policies or certificates
shall contain a provision that written.notice of cancellation or any material change shall be
delivered to the Lessor ten (10),days in advance of the effective date thereof. Lessee.shall'also
secure:and maintain fire'and extended coverage insurance on the.buildings and structur.es:to be
erected by Lessee as a part of the aviation operation created by this`Lease Agreement. Said
insurance coverage shall be to the full insurable value,:of'the structures and buildings and.
.1 contents as erected and placed upon the leased'premises,subject to the customary_deductible
for the construction of hangar facilities, and shall name Lessor as an additional insured,
further agrees that in the event of any fire or partial or complete destruction of the "structures.
erected by Lessee, any proceeds of insurance received by Lessee shall be held in trust and
utilized solely in the replacement, reconstruction,; or repair of the damaged or rdestroyed
improvements.
16. ,.TAXES
Lessee agrees to pay promptly all.taxesr'and assessmentsrrelated;to items'offi property-including
both real and personal. property 'within the purview of this Lease, which may be levied or
assessed upon said properties leased;or owned by Lessee, as Lessee's interest may appear.when
the said taxes and assessments become due and payable during the occupancy of.the leased
premises under- any levy or assessment by County, City or other legally authorized
governmental authority.
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17. INSPECTION AND=NOTICE
Insofar as it may benecessary for the protection of the Lessor's rights, the Lessor or its agents
shall at any and all reasonable times, and upon reasonable notice.to Lessee, have the right to go
upon"and,inspect,theland and premised erebyleased.and any.structure or improvement erected
or constructed; or-in the course of.being erected or constructed;, repaired, added to, rebuilt, or
restored-thereon.
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•"•l 18. ASSIGNMENT OR SUBLETTING
. It is agreed that Lessee is authorized to sublet the leased premises to a Sublessee;subject to the
terms and conditions of this lease. Any such sublease shall be subject to the written,approval of
Lessor, which;approval shall.not be unreasonably withheld.
19. IMPROVEMENTS
It is agreed that all improvements'constructed by Lessee shall be deemed personal property
during;the term of this lease, and that during the term of this lease and any extension thereto
Lessee shall at all times have legal title to said improvements, but Lessor shall have a lien
thereon to secure faithful 'performance of Lessee's obligations under the approval of Lessor.
Lessor's lien shall be subordinate to a security instrument, approved by Lessor, and held;by any
recognized lending institution but ,shall not be subordinate to any other encumbrance 'of any.
kind, Said,security instrumentshall not,provide for removal of said•improvements.
20. INSOLVENCY, ETC. •
If the Lessee bankrupt or become,insolvent, or if possession of any interest,in
the leased premises,shall be taken,by virtue of any attachment, execution, or receivership, the
Lessorrmay, at its election, unless such bankruptcy proceedings be terminated in favor of its
election,, unless such bankruptcy proceedings be• terminated in'.`favor of Lessee and such
insolvency be cured, or such possession regained within ninety (90) days thereafter,
immediately terminate this lease-by serviceof.notice to such effect,upon Lessee;in any manner
provided;bydaw
21. LENDER SECURITY •
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 and 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 as may
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;,
(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 aria thereaftet•at sueMender's option to 'convey or assign the interest or f
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title to this;leasehold estate to any other-person subject,`to the terms, conditions and
covenants of this lease;and
•> '(c) To cure, withm sixty (60) days after notice of default,bytesseeunder 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.
22. SURRENDER OF POSSESSION
At the expiration of the leasehold term; Lessee agrees to yield and deliver to Lessor the
possession of the leased premises and all buildings, fixtures, physical improvements and
appurtenances erected by Lessee pursuant;to paragraph 4 hereof.
23. DEFAULT
In the event of default by Lessee in the performance of any of the terms, covenants, or
conditions hereof, including, the failure to pay rent, Lessor shall make written demand by
registered mail upon Lessee ;to remedy said default and if,`thereafter, Lessee remains in default
for sixty (60) days, Lessor, by and through its Airport Manager, shall have the right to take
immediate possession of said premises. During said.sixty-day(60) period, Lessee may appeal
to the Petaluma City Council and request consideration::of any circumstances claimed to cause.
such default, provided that any'such circumstances shall not be deemed to be a waiver of such
• default, in the event the City Counciliextends the aforesaid sixty-day,(60) period.
No waiver of Lessor or default by Lessee of any of the terms, covenants, or conditions hereof
to be p erformed, kept, or ,observed by Lessee shall be construed to be or act as waiver by
Lessor, of any subsequent default of any of the terms, covenants, and conditions herein
contained to be performed, kept, and observed by Lessee.
24. RESERVATION AS TO NAVIGATIONAL MD
Lessor reserves,the right during the term of this lease; or any renewal and/or extension thereof,
to install air navigational' aids, including lighting, in, on, over, under, and across the leased
premises. In the;exercise of any of the rights hereof, Lessor agrees to give Lessee not less than
ninety (90) days' written' notice of its intention to install such air navigational aids. If the
Lessee's enjoyment of the premises under this lease is substantially interfered with by any such
installation; the Lessee's rent shall be reduced in proportiomto such interference. .
25. INDEMNITY. •
Lessee hereby covenants ,and agrees to, and shall, indemnify; ,save harmless and; defends the
Lessor; its agents, 'officers and/or employees'against all claims,, demands, costs, and liabilities
which may made against Lessor by reason of or arising from anything done, performed, or
•J omitted to be done or performed on the leased premises by the Lessee or arising out of Lessee's
performance of its Tobligations pursuant to this 'agreement.. However, this -indemnity does not
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extend to any loss, damage or expense arising out of the negligence or willful misconduct of
the Lessor, its agents, employees or officers. •
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26. EMINENT DOMAIN •
It is expressly agreed by Lessor and Lessee that in the event eminent domain proceedings are
undertaken by any governmental agency affecting the whole of the Airport, or any part thereof,
which Would adversely affect Lessee's interest hereby Lessee shall be entitled to compensation
by virtue thereof, consistent with current eminent domain laws and appraisal procedures:,
27. NATIONAL EMERGENCY
In the event that a<national emergency or,a-ideclaration by federal, state or county;goyernment
causes sa drastic curtailment of civilian aviation activities, Lessee shall.be entitled to submit a
request for reduction in the lease rental rate. Lessee shall be entitled to presentfacts and,datato
show that such a curtailment has taken place and that the 'curtailment has seriously affected
Lessees utilization of the leased premises. If such facts'and data indicate that a reduction in
lease rent is warranted, then Lessor and Lessee shall agree to negotiate,a reduction in the,rental
rate during the.period of curtailment.
28. NOTICES
Any and all notices to be.given under this lease, or otherwise, may served-by enclosing the
same in a sealed :envelope.addressed to the party intended to receive.the same, at its address, •
and deposited in the United States Post Office as registered mail-with postage prepaid. When
so given, such notice shall be effective from the date of the mailing of the same. For the
purpose thereof, unless otherwise provided in writing by the parties hereto, the address of the
Lessor; and the proper party to receiv..e:any such notices on its behalf is-
.
City Clerk
City of Petaluina
.11 English:Street
Petaluma,:California.94953
and the address,of the Lessee is:
Bud Toly
1340 Commerce'Street
Petaluma, California 94954
29. INVALID PROVISIONS, SEVERABILITY
It is expressly-understood and agreed by and between the:parties hereto that in the event any
covenant, condition,, or provision contained herein is invalidated by a court of competent
jurisdiction, the invalidity of;any such covenant; condition or provision shallinot invalidate any a
other covenant, condition,
ition or provision of this agreement, the'invalidity qp
of any'such covenant, condition, or provision shall not materially prejudice either the'Lessor or
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the Lessee in their, respective rights arid obligation s. contained in the valid covenants,
•) conditions; and.pro"visions of ihis.agreeinent.
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30. BINDING OF SUCCESSORS
The covenants •and conditions herein,contained shall apply to and bind the{heirs, successors,
executors, administrators, and assigns of all the parties'hereto.
31. TIME
Time-is of the essence in thislease.
IN WITNESS WHEREOF, the parties hereto.have Set;theif hand the day••and year fifstabove written.
CITY OF PETALUMA. LESSEE
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By
City Manager Name
ATTEST:
Title
City Clerk Address
. '.J APPROVED AS TO FORM:
City - State Zip
City Attorney Telephone.
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APPROVED:
Director of Public Facilities'and Services
APPROVED:
Risk Manager
APPROVED: •
Finance.Offrcer
agrmt
1/5/01 (fink)
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(To be provided after survey is taken,and staked by Lessor)
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4 ORDINANCE NO. N.C.S.
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10 Introduced by Secondedby •
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19 AN ORDIN'ANCE'OF'THE COUNCIL OF"THE CITY OF PETALUMA
20 AUTHORIZING A LEASEOF REAL PROPERTY,LOCATED
21 AT'THE-PETALUMA MUNICIPAL•AH2PORT
22
;Z
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
25 FOLLOWS: •
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28 Section 1. Certain real prdperty located in the City of Petaluma, County of Sonoma,
29 State of California Lis hereby authorized to be leased under the terms and conditions set forth in •
30 - the Non-commercial Lease; Agreement by and between the City of Petaluma and Bud Toly,
31 which lease agreement is attached hereto as Exhibit' "K and incorporated herein by reference.
32 The City Manager is hereby authorized to sign said lease agreement which is to construct, and
33 maintain an airport hangar,
34
35 Section`2 If any section; subsection, sentence, clause or phrase:or word of this ordinance
36 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
37 competent jurisdiction, such decision shall not affect the validity of the remaining portions of
38 this ordinance. The. City Council of the City of Petaluma hereby declares that it would have
1.)
t. passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that
2 any one or more of.said provisions,be declared unconstitutional, unlawful or otherwise invalid.
3
4 Section 3., The City Clerk is hereby directed to post this ordinance for the period andn
5 the manner required by the City'Charter.
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7 INTRODUCED and ordered posted/published this day of ,,2001.
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9 ADOPTED,'this day of , 2001 by the following,vote:r
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11 AYES:
12 NOES:
13 ABSENT
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Mayor
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19 ATTEST: APPROVED AS TO FORM.
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23 City Clerk City Attorney
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old.
12/18/00(fmk)
2
CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
• Agenda Title: Meeting Date:
Recommendation for Matching Funds for Petaluma Lawn Bowling :March 5:2001
Fund Raising Efforts.
Department: Director Contra-et Person: EPhoite Number:
Parks and Recreation Jim Can/ C? in Can (707) 778-4380
Cost of Proposal: Up To 50;000 (Recommended) for Account Number: 209
will
construction.
financial d/or the, facility
assistance from 9 � Name of Fund:.Park'Develop-
Bowling Club Members due to the specialized nature of the Ment Funds;
playing surface.
Amount Budgeted: -0-
Attachments to Agenda Packetltem:
a. Staff Report
b. Site Plan
c. Project Cost Estimate
d. 5-Year Capitallmproveinent Program List of Projects:
•
Summary Statement:
During the.December 11, 2000 City'Council meeting, proponents,of Lawn Bowling in Petaluma made a
brief presentation regarding,their efforts to establish a lawn bowls'facility: The.Council referred the item
MPto the Recreation, Music and Parks Commission-in order to determine if funding could be•made available
to act:as•a match for the long-term fundraising;campaign.
The Recreation, Music and Parks',Commission discussed the Lawn Bowling fund raising effort at their
January 17, 2001 meeting, and is 'making a recommendation that the City provide up to $50,000 re-
allocated from existing projects, to be;used as a.match for the Lawn Bowling'fundraising effort.
Council Priority: THIS AGENDA ITEM IS:CONSIDERED To BE PARt OF, OR NECESSARY TO, ONE OR
MORE OF THE 1999-2000 PRIORITIES;ESTABLISHED'-BY THE CITY COUNCIL ON JANUARY 30, 1999
AND MARCH 18;:2000.
Priority(s): N/A
Recommended.Commission.Action/Suggested'Motion:
Redirect up to $50,000 from existing.Capital'Improvement Projects, to the,Lawn„Bowling fund-raising
effort, to act as a challenge match to other funding entities,• kettle fund raising campaign. Additionally,
onside thela n
wn a Bowlingrprojecf for futur`e'Proposition 12 funding once the competitive grant criteria
is
' y the State this spring. •
Reviewed by Finance Director:. Revie ed tecney Approved by City Manager:
Da e: 1 / Date:
odav's Date. Revision#`and' I ate evised: File Code:
•
1
1
lor 2 CITY OF PETALUMA, CALIFORNIA
3 .. March;5,.2001
4 AGENDA REPORT
5 FOR
6 Recommended Funding For Lawn Smiling
7
8 1. EXECUTIVE SUMMARY:
9
10 During the City Council meeting of December 11, 2000, members of the Petaluma Lawn
11 Bowls Club made,a;brief presentationto the City Council requesting assistance towards
12 their fund raising:campaign. The City Council referred the item to the Recreation, Music
13 and Parks Commission, to see if some matching funds could be appropriated to act as a
14 match for other funding entities in the community.
15 The Recreation,Music and Parks Commission discussed the?item;and-is recommending
16 that up to $50 000'be re-allocated from existing projects to ibe°used towards a match in
17 the Lawn Bowling/fund raising effort.
18 2. BACKGROUND:
19
20 For the last three years'there has been an'effort to establish lawn bowling in Petaluma.
21 Initially started by.Eugenia Shribbs;g:thereffort originally;focused on placing a lawn bowls
22 green in the proposed Gatti,Park site In December of 1998, Mz Shribbs presented the
1,3 Parks and Recreation Department with two petitions signed by 240 citizens, requesting a
24 lawn bowls facility in`-Petaluma. Staff made a recommendationsthat Mz..Shribbs consider
25 the Kenilworth Park site, between the Petaluma Library and Payran Street. With the teen
26 center near by, the lawn bowls facility would have access to restrooms, storage and
27 parking: Additionally, the;suggested turf area is an underutilized expanse of lawn that
28 would lend itself for a lawn'bowlssite. Mz. Shribbs evaluated the site and met with the
29 East "D""Street Neighborhood Association, who endorsed the project. In the meantime,
30 staff had spoken to the Library staff-which also endorsed the project.
31
32 . At their April 16, 1999"meeting,ithe Recreation, Music and Parks Commission formally
33 recommended to the City Council, that they"designate the-Kenilworth Park site as the site
34 for a lawn bowlsfacility.;During+Commission discussion, staff and Commissioners.made
35 it clear that the City would provide the site and access,to:the Teen Center, but the
36 Petaluma Lawn Bowls Club would be responsible for raising the funds for development
37 and maintenance of the proposed,facility.
38 The City Council, attheir meeting of February 22, 2000, designated Kenilworth.Park as
39 the location for a.lawn bowls facility.
40 Mz. Shribbs had been working with Mr. Steve Caullcins of Haley/ Caulkins„Master
41 Lawn.Bowling,Green Contractors. Mr. Caulkins provided a;cost estimate for
42 development and'inaintenance:of a lawn'bowls,facility(included with this report). The
43 cost estimate provided for project,development, required-maintenance equipment and
44 three years of maintenance, at a total cost of$300,000.
•
1 During 1999, Mz. Shribbs and her committee started•their campaign to promote lawn •
)2 bowls in Petaluma.'They have obtained their non-profit status from the State of
3 California.
4 The fund raising.effort has been slow, and a suggestion made by the City Council
5 . ,
proposed.that if the City could provide some funding towards the project, this could act
6 as a challenge match to other funding entities in Petaluma.
7 The Recreation, Music and Parks Commission discussed the item at their'January 17,
8 2001 meeting, and voted unanimously to redirect funding from existing park projects to
9 be used as a match by the Petaluma Lawn Bowls Club. The only question was how to
10 allocate funding. Of the five Commissioners present, two wanted to provide $50,000
11 immediately,:in order to allow the fluid raising effort to paint to the full isupport vofthe
12 City. The majority of the?Commissioners approved;a:motion to recommend to the City
13 Council that they authorize a re-allocation from two'existing;projects: $20,000.from
14 Wiseman Park (project 9679) and $30,000 from Gatti Park (project 9959), with the funds
15 to be made available as follows. $25,000 to be allocated:to Petaluma Lawn Bowls Club,
16 with the Lawn Bowls Club to match the $25,000 within a two- year period<from the date
17 the City Council,approves the proposal. If the match is achieved„a second:$25,000 is to
18 be allocated,fora total of.$ 50,000, provided however, that the balance of the funds
19 needed for the,project be raised within four years of the initial City Council approval, or
20 - all funds revert back to the City.
21 In addition,the Commission suggested that-when the state makes the competitive;grant
22 criteria available in the spring of 2001, Proposition 12 funding could°be,another financial
23 source. •
14 •
25 •
26 3. ALTERNATIVES:
27
28 a Make lawn,bowling.a City priority for inclusion in State Proposition'12 competitive
29 grant program e ffort, once the State of Ca lifornia'scriteria is.known(Spring of
30 2001).
31 b. Re-prioritize projects:in.the five- year•capital improvement budget in order to provide
32 alevel of funding for;the,lawn bowls facility.
33 c_. Use.funding from re-prioritized CIP projects in conjunction with possible Proposition
34 12 competitive grant funds, once:the State criteria are known:(Spring,of 2001).
35 d. Require the Petaluma Lawn-Bowls Club to generate funding;to be used,as:amatch
36 against some level of City contribution.
37 e. Not provide funding at time.
38
39
40 4. FINANCIAL IMPACTS: e
•
41
42 The estimated cost of the project is $300,000,;which includes project development,
43 required maintenance;equipment and three years of maintenance. Staff believes that the
•
44 maintenance cost of$35000 for three years is low. The lawn,bowling facility is a
45 specialized playing surface; requiring a high Level of maintenance. Apparently in some
i jurisdictions, a committee of volunteers can handle this task, but regardlessof who does •;
it, itmtisfbemaintained-correctly;;due;to the criticaltolerances required for the playing
. 2, surface.
3 It is recommended that the:development plan:include a comprehensive maintenance
4 program so that there are-no surprises once,the facility is up:and.running,.Existing:staff
•)3 already provides normal*urigation,repair and turf management for Kenilworth Park.
6 Specialized equipment,and maintenance of the unique playing surface will require
7 assistance from outside sourcesincluding Lawn Bowling',Club Members.
8
9
10 5. CONCLUSI6N • •
11
12 The.Petaluma:Lawn Bowls Club,hasa)park site designated for'a:future"facility,.they have
13 arranged for their non-profit status through the State :and they-are actively recruiting
14 members. The proposed"project is estimated to cost,$300,000: Fund raising efforts are
15 going slowly,_not•meeting With theclublsstimetabl_e of starting construction in the
16 summer'of 2001.•With,the'mfusion of funding from the City to.act"as a match for other
17 possible funding entities`the chanceiofthe effort succeedmg:improves dramatically.
18
19 OUTCOMES.OR:PERFORMANCE lVIEASUREMENTS'THAT WILL IDENTIFY,SUCCESSOR
20 COMPLETION: •
21 Once full funding is secured, engineering and site design can commence, with
22 construction to follow Due to thenature,of:the"proposed facility,the project would be
23 contracted to a firm who;specializes;in"this type"of complex.
24
25 •
26 7. RECOMMENDATION:
28 Re -po be used ri sting projects and-provide'$50,000 from Capital Improvement Project
for the'Lawn Bowling Fund-Raising effort, with the possibility of
29 Proposition 12 funding also being used, Once the competitive-grant criteria is published in
30 the'Spring,of 2001.
31 Through the use of re-prioritized"funding, allocate $25,000 to Petaluma Lawn
32 Bowls Club, with the proviso that the Club,matches'the $25,000 within two years of City
34 match the City's contribution within the required ttwolye aLawn Bowls Club ,000ld
33 Council approval'"of this recommendation.If
y q ' t , , years, an•additional;$25,000 will be.
35 allocated towards the project. In either case,the balance of all required funding is to be
36 raised within four years of the untial approval of this'rrecommendation;or all funds revert
37 back to the City.
38
39
49 limns/2000 Agenda'Bili revised 042100 41
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.
STEVE CAULKIN3
HALEY LAULKINS. DR. EDGAR : HALEY
04 Mambas
it" MASTER LAWN BOWLING GREEN CONSTRUCTORS
•
September.14, 1999
Page lot )
Bruce Hagen
Recreation, Musicancl:Piiks Commissioner
Petaluma CommunityCenter
Petaluma, CA -
Ph. (707)974-4855
Fax (707) 794-7777
SUBJECT: General Budget Consideration for Site Development atd,ConstritetiOn
• of the Petaluma Lawn Bowling Green,Isticited'at Kenilworth Park,In
the City of Petaluma, California.
•
Dear Mr. Hagen:
Pursuant to your request: we have prepared the following General Budget Consideration
(GBG),for the design and constnietion of the subject lawn bowling green. This CRC is
provided to help develop eSeope of Project and is not Intended as a Construction
Proposal. The costs provide areibased?olhnilar lawn bowling green design/build
projects completed by Haley/Caulldni Master Lawn Howling Green Constriecton
Within the last nlie,(5)yeari,,in the State of California;
I .
•
PH. (7 t.4,) 492•960.3 e' FA1 071.45 448,- 1 .819
128 w Scrivte MO • ;•••1 . := -
- -
STEVE CAULK/NS HALEY / CAULKINS DR. EDGAR R. HALEV
teseweee Disc roe
• ALBA
Heeerov Omar t tie Mee,
ASTER LAW BOWLLNG GREEN CONSTRDCTORS
Page 3 of 3
CONSTRUCTION : 5 180;000.00 : Outlfundred Eighty Thousand Dollars
1.) Site preparatiort, survey, staging, fencing.
2.) Excavation, export, hauling
3.) Gradient establishments
4) Mainlines, &linage,water service, electrical
5.) Roughpit, bacicboarels, structural concrete
6.) Green propetconstnaction irtc. plinth
•
7.) Subdrainage construction
8.) Irrigation,electrical construction
. .
9.) Sand import•wt compacnon. leveling
10) Concrete network, fencing, benches, misc. .
11.)Tool shed construction
.
1z) Volleyball courWeconstrcti
uon III
,
13.)Bowling Greeatolen placements . - . _ , -
)
•
SPECIALTY EQUI'PMENT: 5450000o—Forty-MC Thousand Dollars
. ..
1.) Haley Greensplaner Design/Manufacture, w/delivery
/) 30"Scott Bonner Queen Lawn BoWling Green Mower.
3.) Qwikdraw tensiometer
- .
4.) Water Manometer
5.) Misc, hand tools -
3 YEAR MAINTENANCE-COST: 535,O00.ó0—Thirty FiveThousand Dollars
TOTAL GBC: t 300 000.00—THREE-HUNDRED THOUSAND DOLLAFtS
•
Should you have fitntier questions please contact our office at your convenience.
Yours truly,
_..e. .
110 Stev-e Caulkins, President
PH (71 ) 492-0603 • FAX (714) '498- 1819
129 'Ai Ave :,:nrcaco • •3un r•? -
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YES, I INANTTO CONTRIBUTE.
Name
Address
City State. Zip
• Phone - Contribution'
•
I wish to join.the Petaluma.Lawn`Bowls Club. Enclosed(is;my/our membership tor'2000-2001
• (charter Membrship:is a bargain $25 singieJ$40 couple).
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7 A RESOLUTION OF THE CITY COUNCIL
8 AUTHORIZING THE RE-ALLOCATION OF PARK
9 DEVELOPMENT FUNDS FROM EXISTING PROJECTS TO
10 BE USED AS A MATCH FOR THE LAWN BOWLS FUND
11 RAISING EFFORT.
12
13
14
15
16 WHEREAS, the City Council has designated Kenilworth Park as the future site for a lawn bowls.
17 facility; and
18
19 WHEREAS, the Petaluma Lawn Bowls Club has become a non profits organization and is
20 actively pursuing funding in order to develop the lawn bowls facility; and
21
22 WHEREAS, in order to assist;the Petaluma,Lawn Bowls Club, the Recreation, Music and Parks
23 Commission recommends re-allocating $20,000 from project 9679 (Wiseman Park) and $30,000
AV from project.9959 Gatti Park; and
5
26 WHEREAS, the Recreation, Music'and Parks Commissionlrecommends,thattl}c re allocated
27 City b Petaluma finding entities to come forward to
28 match the City's u contribution.ch'to encoura>e'other P al,
29
30 NOW, THEREFORE, BE I•T'RESOLVED, that the City Council ofthe;City of Petaluma does
31 hereby authorize the re-allocation of park funding from,project 9679 (Wiseman Park) $20,000
32 and from project 9959 (Gatti Park) $ 30,000, with the resulting funding to beAused to assist--the
33 Petaluma Lawn Bowls Club in their fundraising,efforts Upon approval,ofthis resolution,. -
34 $25,000 will be allocated to the-Petaluma Lawn Bowls project:;If the'Petaluma Lawn Bowls
35 Club can match the initial City allocation within two years of this,City:Council action, a second,
36 $25,000 Will be allocated to the project for a total of$50,000. All funds for the project must be
37 raised within four years of this.City`Council action or all City finds revert back to the City.
•
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0