HomeMy WebLinkAboutOrdinance 2176 N.C.S. 03/01/20041
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EFFECTIVE DATE. OF
ORDINANCE
April 1, 2004
Introduced by
Council Member Torliatt
ORDINANCE NO. 2176 N.C.S.
Seconded by
Vice Mayor Moynihan
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
AUTHORIZING AN AMENDMENT TO THE LEASE OF REAL PROPERTY
LOCATED AT THE PETALUMA MUNICIPAL AIRPORT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. The City of Petaluma is planning a hangar expansion project at the
Petaluma Municipal Airport, in the City of Petaluma, County of Sonoma, State of
California. The City would like to include in the expansion a portion of the premises
covered by apre-existing Lease Agreement between the City and Walter R. Mangon
as Lessee, dated September 6, 1988, which Lease may be assigned by Walter R.
Mangon to Mangon Aircraft, Inc., as Lessee. To this end, the City and the Lessee have
28 agreed to terms for amendment of the Lease Agreement so that a portion of the
29 current leasehold will be surrendered back to the City and can be included in the City's
30 hangar expansion project. Therefore, the City Council hereby authorizes amendment
31 of the Lease Agreement as proposed in the "Amendment Number One to Lease
32 Agreement" attached hereto as Attachment "A," which is incorporated herein by
33 reference, and the City Manager is hereby authorized to sign such Amendment
34 conditioned on execution of a personal lease guarantee in a form acceptable to the
35 City Manager and signed by Walter Mangon.
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37 Section 2. If any section, subsection, sentence, clause or phrase or word of this
38 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by
Ordinance No. 2176 N.C.S. Page 1
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a court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Petaluma hereby
declares that it would have passed and adopted 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 3. This ordinance shall become effective thirty (30) days after the date of
its adoption by the Petaluma City Council.
Section 4. The City Clerk is hereby directed to post this ordinance for the period
and in the manner required by the City Charter.
13 INTRODUCED and ordered posted~ed this 23rd day of February, 2004.
14 ADOPTED this 1 S' day of March 2004 by the following vote:
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16 AYES: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, Thompson, Torliatt
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NOES: None
ABSENT: O'Brien
,~ - - -
David Glass, Mayor
ATTEST:
G le Pet rsen, City Clerk
APPROVED AS TO FORM:
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Rich r R. Rudnansky, City Attorney
Ordinance No. 2176 N.C.S. Page 2
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ATTACHMENT A
RECORDING REQUESTED BY,
AND WHEN RECORDED PLEASE
RETURN TO:
Mail Tax Statements:
Mangon Aircraft, Inc.
Petaluma Municipal Airport
501 Sky Ranch Drive
Petaluma, CA 94954-3908
AMENDMENT NUMBER ONE TO LEASE AGREEMENT
PETALUMA MUNICIPAL AIRPORT
This Amendment Number One to Lease Agreement Petaluma Municipal Airport
("Amendment") is made and entered into as of the day of , 2004, by
and between the CITY OF PETALUMA, a political subdivision of the State of California., as
Lessor, and MANGON AIRCRAFT, INC., as Lessee.
RECITALS
30 A. On or about September b, 1988, the CITY OF PETALUMA (hereafter "Lessor") and
31 Walter R. Mangon, as lessee, entered into that certain "Lease Agreement
32 Petaluma Municipal Airport" ("Lease") by which Walter R. Mangon leased
33 approximately 63,120 square feet of real property at the Petaluma Municipal
34 Airport as more particularly described in Exhibit A to the Lease.
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36 B. Pursuant to paragraph 18 of the Lease, Walter R. Mangon has requested that
37 Lessor consent to his assignment of the Lease to MANGON AIRCRAFT, INC., as
38 Lessee (hereafter "Lessee"), and Lessor has consented to the assignment.
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40 C. Lessor is planning a hangar expansion .project and would like to include in the
41 expansion a portion of the premises covered by fhe Lease, hereinafter referred
42 to as "the Surrendered Premises."
Ordinance No. 2176 N.C.S. Page 3
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2 D. The parties wish to amend the Lease to provide for (i) return of the Surrendered
3 Premises to Lessor; (ii) reduction of the rent to reflect the reduced size of the
4 premises being leased by Lessee; (iii) a rent credit in consideration for Lessee's
5 actual vacation of the Surrendered Premises prior to execution of this
6 Addendum; (iv) Lessee's ability to assign the Lease with Lessor's consent; and (v)
7 extension of the term of the Lease through September 6, 2038.
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9 AGREEMENT
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11 Now therefore, the parties hereby amend the Lease as follows:
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13 1. The premises covered by the Lease shall be amended to exclude the
14 Surrendered Premises. The parties agree that the Surrendered Premises is
1'S approximately 34,020 square feet, in the area shown on Exhibit A attached
16 hereto as "Surrendered Premises." Within ninety (90) days. following execution of
17 this Amendment, Lessor shall cause to be prepared a survey to determine the
18 exact square footage of the remaining premises subject to the Lease (shown on
19 Exhibit A as "Amended Mangon Lease"), and shall prepare a legal description
20 thereof which will be attached to this Amendment as Exhibit B. Lessee hereby
21 surrenders any and all interest it may have in the Surrendered Premises under the
22 Lease.
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24 2. The provisions set forth in paragraph 2(a) of the Lease for the base ground rental.
25 rate per square foot shall remain unmodified by this Amendment, however, it is
26 acknowledged that the total rental due shall be reduced as of May l , 2002, to
27 reflect the reduced square footage of the leased premises as described in
28 Exhibits A and B to this Amendment.
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30 3. In consideration of Lessee's actual vacation of the .Surrendered Premises on or
31 about April 18, 2002, Lessor hereby grants to Lessee a rent credit to compensate
32 Lessee for excess rental paid to the City of Petaluma and possessory interest
33 taxes paid to the County of Sonoma by Lessee from and including May 1, 2002,
34 through and including the execution of this Amendment. The total amount of
35 such credit shall be $23,315.85, and .shall be credited to Lessee in thirty-six (36)
36 successive rental installments in the amount of $647.66 each, commencing with
37 the first rental payment due after execution of this Amendment.
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Ordinance No. 2176 N.C.S. Page 4
1 4. Paragraph 18 of the Lease is hereby amended to read as follows:
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3 It is agreed that Lessee is authorized to assign this lease with
4 the prior written approval of Lessor, which approval shall not
5 be unreasonably withheld. It is further agreed that Lessee is
6 authorized to sublet, with the prior written approval of Lessor,
7 a portion of the premises to an independent contractor for
8 the purpose of assisting Lessee in the full utilization of the
9 Limited Service Commercial Operation as described herein;
10 provided, however, that as a condition of receiving Lessor's
11 prior written approval to sublet to any independent
12 contractor for such allowed use or uses, Lessee shall provide
13 Lessor with a copy of the proposed sublease for Lessor's
14 approval. Any such sublease and/or other agreements
15 entered into by Lessee and the independent contractor shall
16 specify that they shall be subject to the terms and conditions
17 of this lease. Signed copies of all such subleases and/or
18 agreements shall be furnished to Lessor upon execution.
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20 5. The term of the Lease is extended to September 6, 2038, and shall become
21 effective upon receipt of personal lease guarantee in a form acceptable to the
22 City Manager, signed by Walter R. Mangon.
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24 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day
25 and year first above written..
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28 CITY OF PETALUMA, a political MANGON AIRCRAFT, INC.
29 subdivision of the State of California
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32 By
33 Michael A. Bierman, City Manager Walter R. Mangon, President
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35 ATTEST:
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39 Gayle Petersen, City Clerk
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42 SIGNATURES CONTINUED ON NEXT PAGE
Ordinance No. 2176 N.C.S. Page 5
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APPROVED AS TO FORM:
Richard R. Rudnansky, City Attorney
APPROVED:
Rick Skladzien, Department Director
APPROVED:
Ron Blanquie, Risk Manager
APPROVED:
William Thomas, Finance Director
Ordinance No. 2176 N.C.S.
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