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HomeMy WebLinkAboutOrdinance 2071 N.C.S. 06/15/1998 - 151998 1 ORDINANCE NO. 2 0 71 N.C.S. 2 3 4 INTRODUCED 5 BY COUNCILPERSON SECONDED BY 6 7 g Matt Maguire Mary Stompe 9 10 AN ORDINANCE AUTHORIZING AMENDMENT TO MARINA LEASE WITH STATE 11 LANDS PROPERTY LOCATED ADJACENT TO PETALUMA RIVER 12 13 14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 15 Section 1. The approximately 13.98 acres of real property located adjacent to the 16 Petaluma River in the City of Petaluma, County of Sonoma, State of California, is leased under 17 terms and conditions set forth in State Lands Lease No. PRC 7235.1 executed on September 20, 18 1988, and authorized by the State Lands Commission on August 10, 1988, and as amended by 19 First Amendment. 20 21 Section 2. Paragraph 2, Section 1 of State Lands Lease No. PRC 7235.1 is hereby 22 amended as set forth in Exhibit A to this Ordinance. The City Manager is authorized to execute 23 all necessary documents relating to this amendment. 24 25 Section 3. If any section, subsection, clause or phrase or word of this ordinance is for 26 any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not. 27 affect the validity of the remaining portions of this ordinance. The City Council of the City of 28 Petaluma hereby declares that it would have passed and adopted this ordinance and each and all 29 provisions thereof irrespective of the fact that any one or more of said provisions be declared 30 unconstitutional. 31 32 Section 4. The City Clerk is hereby directed to post/publish this ordinance for the 33 period and in the manner required by the City Charter. Ord. 2071 NCS Page 1 of 2 1 INTRODUCED THIS 1st day of June , 1998, 2 ADOPTED this 15th day of June , 1998 BY THE FOLLOWING VOTE: 3 4 5 6 AYES: Keller, Torliatt, Hamilton, Read, Stompe, Vice Mayor Maguire, Mayor Idilligoss 7 8 9 NOES: None 10 I 1 12 ABSENT: None - 13 , 14 15 M. Patricia Hilligoss, Mayor 16 17 Attest: ~--Approved\-----~~ 18 ~ 19 201 ~~i/ 22 atricia E. Bernard, City Jerk City Attorney Ord. 2071 NCS Page 2 of 2 RECORDED.AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE` ~OF CALIFORNIA ~ , State Lands Commission Attn: Title Unit '100 Howe Avenue, Suite 100-South :Sacramento., CA 95825-8202 STATE. OF CALIFORNIA OFFICIAL. BUSINESS ' Document entitled to free recordation pursuant to Government Code Section 27383 A:P..N. #'S: 050-060-59 County: SOnoma - SPACE ABOVE THIS LINE FOR RE'CORDER'S IISE STATE OF CALIFORNIA STATE'~~LANDS COMMISSION. _ , AMENDMERIT' OF LEASE PRC 7235.1 WHEREAS, the State of California, acting through; the :State Lands Commission, hereinafter called Lessor, and Gity of Petaluma, hereinafter~called~the Lessee, have heretofore entered into an agreement desgnafed as Lease :PRC 723`5...:1 authorized .by the State Lands . Commission on August 10, 1988 and :executed Septernb,e,r 20,~. 1,.9.88,, whereby the Lessor - granted to said Lessee a Genera6Lease -Public Agency Use:covering certain State sovereign .lands situate in. Sonoma County; and WHEREAS, pursuant to Section 4 paragraph 1'6 (e) ofisaid Lease ;and WHEREAS,. by reason of`the foregoing, it is n_ow the desire of the parties fo amend the foregoing Agreement. NOV1/ THEREFORE, the parties .hereto agree as follows: ' Amend paragraph 2, Section 1 -Consideration of Lease PRC~7235:1 as follows: Mirfimum Annual Rental: (a~) Lessee shall spay a minimum annual rent. of $6,000 in advance beg"inning July 1, 1998, and every year thereafiter for the remainder of the term of th's Lease. This minimum annual rent is subject to rnodifieation by Lessor as specified in Section 4 paragraph 2 (b).