HomeMy WebLinkAboutOrdinances 1983 07/17/1995_ r,'= . T ~ a4.~"°°..'.~.~-~..~......~.r.
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INTRODUCED BY:
ORDINANCE NO. 1983 NCS
SECONDED BY:
Councilmember Lori Shea Councilmember Jane Hamilton
AN ORDINANCE AUTHORIZING AMENDMENT TO
MARINA LEASE WITH STATE LANDS
PROPERTY LOCATED ADJACENT TO PETALUMA RIVER
BE IT ORDAINED by the City Council of the City of Petaluma as follows:
Section 1. The approximately 13.98 acres of real property located adjacent to the
Petaluma River in the City of Petaluma, County of Sonoma, State of California, is leased under
terms and conditions set forth in State Lands Lease No. PRC 7235.1 executed on September 20,
1988, and authorized by the State Lands Commission on August 10, 1988, and as amended by
First Amendment.
Section 2. Paragraph 16(e) of State Lands Lease No. PRC 7235.1 is hereby amended
as set forth in Exhibit A to this Ordinance. The City Manager is authorized to execute all
necessary documents relating to this amendment.
Section 3. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such
decision sha11 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.
Ord. 1983 NCS Page 1 of 2 pages
Section 4. The City Clerk is hereby directed to ~/post this ordinance for the
period and in the manner required by the City Charter.
INTRODUCED and ordered ~~ie~/posted this 19th day of 7une, 1995.
ADOPTED this 17th day of Julv, 1995, by the following vote:
AYES: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read
NOES: None
ABSENT: None
ATTEST:
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Patricia E. Bernard, City Clerk
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6/13/95 peb
ABSTAIN: Mayor Hilligoss
APPROVED AS TO FORM:
~~~~~~-
Richard Rudnansky, City Attorney
Ord. 1983 NCS
Page 2 of 2 pages
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STATE OF CALIFORNTA
5TATE LANDS COMMISSION
AMENDMENT OF LEASE PRC 7235.1
WHEREAS, the State of California, acting through the State
Lands Commission, hereinafter called Lessor, and City of Petaluma,
hereinafter called the Lessee, have heretofore entered into an
agreement designated as Lease PRC 7235.1 authorized by the State
Lands Commission on August 10, 1988 and executed September 20,
: 1988, whereby the Lessor granted to said Lessee a General Lease-
Public Agency Use covering certain State tide and submerged land
, situate in Sonoma County; and '
WHEREAS, pursuant to Paragraph 16 (e) of Section 4 of the
Lease; this Lease may be terminated and its term,_covenants and
conditions amended, revised or supplemented by mutual agreement of
the parties; and
WHEREAS, by reason of the foregoing, it is now the desire of
the parties to amend the foregoing Agreement.
NOW THEREFORE, the parties hereto agree as follows:
Amend Section 1-Authorized Improvements of Lease PRC 7235.1 to
include a fuel dock and pump, Iocated within the existing lease
premises shown on Exhibit "A" as attached hereto.
Amend Paragraph 2, Section 1-Consideration of Lease PRC 7235.1
as follows:
Minimum Annual Rental:
(a) Lessee shall pay a minimum annual rent of $4,240 in
advance beginning July 1, 1991, and every year thereafter
for the remainder of the term of this Lease.
(b) Lessee agrees to pay the minimum annual rental stated in
this Amendment to Lessor without deduction, delay or
offset, at such place as may be designated by Lessor from
time to time, in accordance with the schedule as set
forth in this Amendment.
(c) Minimum rent paid for the year preceding a payment of
percentage of gross income may be deducted f rom the
Page 1 of 3
ord . ~q~d 3 ~I~-S
• percentage of gross rent due. If the percentage of gross
income rent is less than the minimum rent, no refund or
minimum rent shall be due to Lessee.
(d) It is specifically agreed that in the event of the
termination of the Lease prior to its expiration date
from any cause whatsoever, no portion of the minimum
annual rental paid in advance shall be refundable.
Percentage of Gross Rent:
(a) Lessee shall pay a yearly rent based upon a percentage of
the gross income as described below. This percentage of
' gross rent shall be paid in arrears beginning with income
earned from July l, 1991 through June 30, 1992. This
percentage of gross shall be due and payable on the s~ame
day that the annual report (Section 1-Consideration
paragraph 9 of Lease) is due.
(b) Percentage of gross will be applicable to the income
earned from berthing. The schedule is as follows:
Average Berths Rented Percenta~e of Gross
0 - 86 5%
87 - 105 S.So
106 - 138 60
139 - 161 6.5%
162 - 190+ 70
Annual Percentage of Gross to be applied to berthing
income will be based on the average nine highest months
of berths occupied for reporting year:
total berths rented for nine highest months = 9(months)
= average rented berths
and $0.015 per gallon of fuel sold to a maximum of
100,000 gallons and $.02 per gallon thereafter.
~ The effective date of this amendment to the aforesaid ~
Agreement shall be July 1, 1991.
This Agreement will become binding on the Lessor only when
duly executed on behalf of the State Lands Commission of the State
of California.
Page 2 of 3
prd. 1q~3 NCS
By _
Title
Execution.of this document was
authorized by the State Lands
Commission on
Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date hereafter affixed. ~
LESSEE: STATE OF CALIFORNIA
STATE LANDS CON~II SS ION
By -
Title
Date
Ord. ~q$ 3 c~cs
•" ~ EXHIBIT "A"
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