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HomeMy WebLinkAboutOrdinance 2025 N.C.S. 08/19/1996EFFKTiVE DATE OF AIFDIRIAPdC~ s P 1 8 1996 ORDINANCE 2025 N.C.S. Introduced by Councilmember Matt Maguire Seconded by Councilmember Jane Hamilton AN ORDINANCE AUTHORIZIlVG AMENDMENT TO A LEASE OR REAL PROPERTY LOCATED WITI-IIN THE CITY OF' PETALLTMA (APN .136-07-022) I{NOWN AS REDWOOD EMPIRE SPORTS ASSOCIATES INC. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS; Section 1. The lease for certain real property located in the City of Petaluma, County of Sonoma, State of California is hereby authorizied to be amended under the terms and conditions set forth in the lease amendment by and between the City of Petaluma and Redwood Empire Sports Associates, Inc., which lease amendment is attached hereto as Exhibit "A" and incorporated herein by reference and the City Manager is hereby authorized to sign said Amendment which is for the construction of a softball complex. Section 2. The City Clerk be, and she is hereby directed to post this ordinance for the period and in the manner as required by the City Charter, INTRODUCED and ordered posted/patkthis 5th day of August 1996. ADOPTED this ~ gth day of August __, 1996 by the following vote: Ord. 2025 NCS Page 1 of 2 AYES: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss NOES: None ABSENT: None ABSTAIN: None ATT City Clerk ®EPUT1( 4 ~L~!~iC APPROVED: _~ City Attorney Ord. 2025 NCS Page 2 of 2 ivi, ratncia nuiigoss, mayor AMENDIVIENT T® LEASE AGIZEEIVIENT THIS AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered into this day of 1996, by and between THE CITY OF PETALUMA, apolitical subdivision of the State of California ("Lessor"), and REDWOOD EMPIRE SPORTS ASSOCIATES, INC. ("Lessee"). RECITALS A. Lessor and Lessee have entered into that certain Lease Agreement dated June 21, 1994 (the "Lease") concerning the development and subsequent use by Lessee of a public- serving softball complex on a portion of real property located in the City of Petaluma, County of Sonoma, State of California, commonly known as the "100 Acre Park," and more particularly described in Exhibit II to the Lease. B. In order to facilitate timely development of the proposed softball complex, Lessor and Lessee wish to change its proposed location, and accordingly, to redesignate the premises being leased under the Lease, replacing the real property described in Exhibit II to the Lease with the real property described in Exhibit "A" attached hereto. As of the date of this Amendment, Lessor does not hold title to the premises described in Exhibit "A," but Lessor has an agreement with a third party, not party to the Lease or this Amendment, under which Lessor expects to obtain title to the premises described in Exhibit "A." C. In furtherance of their desire to relocate the proposed softball complex, Lessor is willing, upon obtaining title to the premises described in .Exhibit "A," to lease said premises to Lessee, and Lessee is willing to release from the Lease the premises described in Exhibit II to the Lease. NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions herein, Lessor and Lessee hereby agree as follows: U~2D aO~ 5 t~C,S i 1. STATUS OF LEASE: Lessor and Lessee agree and acknowledge that the Lease is in full force and effect and, except for this Amendment, has not been otherwise modified or amended. 2. REDESIGNATION OF LEASED PREMISES: The description of the leased premises set forth in paragraph 1 of the Lease shall be revised so as not to include any of the property shown on Exhibit I and described on Exhibit II to the Lease, but to include instead all that certain real property located in the City of Petaluma, County of Sonoma, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein. Upon execution of this Amendment, ail references to "the Premises," either in the Lease or in this Amendment, shall refer to the real property described in Exhibit "A." Concurrently with execution of this Amendment, Lessee shall deliver to Lessor a properly executed and notarized quitclaim deed remising to Lessor any and all of Lessee's right, title and interest in the real property described in Exhibit II to the Lease. 3. TERM: Paragraph 2 of the Lease is hereby amended to read in its entirety as follows: "This Lease shall be for a term of 50 years with option to extend for 10 years commencing on the last to occur of the following: (a) One hundred twenty-.five (125) days after acceptance of the City's required environmental review and study by the City of Petaluma through its City Council concerning the construction and operation of the project contemplated. It is understood and agreed that the Lease shall not become effective until such time as all environmental reviews have been completed and adopted and all required mitigation measures are made a part of this Lease. City hereby reserves and hereby does have the right to required modifications of any environmental effects of the proposed improvements and activities contemplated under the Lease. Any such mitigating 0-2.~ ~o a 5 N GS z measures shall become part. of the Lease and an obligation of Lessee. Lessee shall make all required applications and submittals at Lessee's sole cost. and shall pursue approvals diligently. (b) One hundred twenty-five (125) days after approval of the amendment of the Master Plan for the "100 Acre Park" permitting the construction and operation of the project contemplated herein by the City of Petaluma provided that no challenge or litigation has been commenced pertaining to said approval. (c) The date of approval of the plans and specifications for the improvements defined by Section 4 below,. by the Lessor by and through its City Manager or his designee. (d) In the event there is a challenge or litigation commenced within one hundred twenty-five (125) days after final action by the Lessor pertaining to environmental and zoning review and approvals the date that said challenge or litigation is concluded. (e) The date on which Lessor becomes sole owner of the fee title to the Premises. Lessee hereby understands and .agrees that Lessee shall comply with any conditions or required mitigation measures set forth and/or adopted per the Environmental or Conditional Use Permit process, prior to commencement of complex operations. Lessee shall make all required applications and submittals at Lessee's sole cost and shall pursue approvals diligently. 3 When the Commencement Date of this Lease has become ascertainable, as provided above, Lessor and Lessee shall specify the same in writing, which writing shall be deemed incorporated herein. The term "Lease Year" as used herein shall be a period of twelve (12) successive calendar months, except that if the Lease Term commences on a day other than the first day of a calendar months, then the initial fractional month together with the next succeeding twelve (12) calendar months shall constitute the first Lease Year. The Lessor, at its option, by and through the City Council, shall have the right to terminate the Lease if Items (a), (b), (c), (d), and (e) above are not completed within years from the date of the execution of this Lease provided, however, that Lessor, by and through the City Council, shall have the right to terminate this. agreement if the Master Plan has not been approved within years of the Lease or if Lessee is in default. The time limits in this paragraph shall not be extended for force majeure reasons." 4. IMPROVEMENTS: Paragraph 4(a) of the Lease is hereby amended to read in its entirety as follows: "Improvements. Lessee shall construct the "Improvements" as described on Exhibit III to this Lease on the Premises. The contractor selected to construct improvements, the plans and specifications of the proposed improvements, 'shall be provided to Lessor for review and approval prior to the commencement of any work on the proposed improvements. The required approval of any plans or specifications shall not be unreasonably withheld by Lessor. Lessor shall be provided 60-day notice of commencement of construction and evidence of contractor's liability insurance. Construction shall be completed within 18 months from receipt of entitlements. " 5. SCOPE AND COMMENCEMENT OF OPERATIONS: Paragraph 5(a)(iii) of the Lease is hereby amended to read in its entirety as follows: "Lessor will maintain, in a usable condition, all access roads to the facility. Lessee shall maintain, in useable condition, parking lots, fields and all other facilities associated with its complex. Lessor's maintenance obligations shall exclude costs caused by the negligence or misconduct of Lessee or its agents or employees. Such costs shall be the obligation of Lessee." 6. CAPITAL COSTS AND IMPROVEMENTS. Paragraph 6 of the Lease is hereby amended to read in its entirety as follows: "Lessor shall bear all costs and expenses for the construction and maintenance of utilities (water and sewer) to the lease line. Lessee shall bear all other costs and expenses for the construction and maintenance of, and additions, adulterations, and repairs to the Improvements, including any applicable procurement and hook-up fees and costs. Lessee shall pay such costs and expenses in a timely manner so as to keep Lessee's interest in the Premise free and clear of all liens". 7. CAPITALIZED TERMS: All capitalized terms and phrases in this Amendment shall be given the same meaning ascribed to that term or phrase in the Lease, except as otherwise provided in this Amendment. 8. RECORDING: Within a reasonable time after execution of this Amendment, the parties shall each execute a memorandum of the Lease, as amended by this Amendment, in a form o~ aoa,s -vc~ 5 ' reasonably acceptable to Lessor's City Manager and Lessee, to be recorded in the County Recorder's Office of the County of Sonoma at the time the Lease term commences. 9. COUNTERPARTS: In the event that this Amendment shall be executed in multiple counterparts, then each such counterpart shall be deemed a signed original. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first set forth above. CITY OF PETALUMA City Manager ATTEST: CONTRACTOR By: Name and Title Address City State Zip City Clerk APPROVED AS TO FORM: Taxpayer I.D. Number City Attorney APPROVED: Petaluma Business License Number Department Head APPROVED: Risk Manager APPROVED: Finance Director agrmt 6/21/96 (fink) o~~ aoas Ncs 6