HomeMy WebLinkAboutOrdinance 1825 N.C.S. 10/01/1990rEFFECTIVE DATE
F ORDINANCE
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2 OCT 3 1 1990
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12 ORDINANCE NO. 1825 N.C.S.
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14 Introduced by Councilman Seconded by Councilman
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16 John Balshaw Michael Davis
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18 AN ORDINANCE AUTHORIZING A GROUND LEASE OF REAL PROPERTY LOCATED AT
19 LUCCHESI PARK TO THE PETALUMA BOYS AND GIRLS CLUB
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23 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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26 Section I. That the portion of Lucchesi Park approximately one
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28 (1) acre in size with the following boundaries:
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30 Northeast, Maria Drive; Southeast, fence line; Southwest, twenty
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32 five (25) feet from tennis courts; Northwest, one hundred eighty
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34 (180) feet from fence line (see exhibit "A"), is hereby
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36 authorized to be leased under the terms and conditions set
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38 forth in the Ground Lease by and between the City of Petaluma and
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40 the Petaluma Boys and Girls Club, which Ground Lease is attached
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42 hereto as exhibit "B" and incorporated herein by reference.
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45 Section II. The City Clerk be, and she is hereby directed to
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47 publish/post this ordinance for the period and in the manner as
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49 required by the City Charter.
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Ord. 1825 N.C.S.
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INTRODUCED and ordered Posted/Published this 17th day of
September 1990.
ADOPTED this 1st day of October , 1990, by the
following vote:
AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: None
ABSENT: None
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
#19:ordb&gclb
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ATTACHMENT A
LEASE AGREEMENT
THIS Lease Agreement is entered into this day of
oe�P� 19901 by and between the City of Petaluma,
hereinafter referred to as "City" and the Petaluma Boys and Girls
Club, a California nori-profit corporation, hereinafter referred
to as "Club."
WHEREAS, Club desires to fund the construction of a building
which is to be known asp the Boys and Girls Club;
and
WHEREAS, the building
Petaluma Boys and Girls Club.
will become the property of the
NOW, THEREFORE, in consideration of the promises and mutual
covenants contained in this agreement, the parties hereby agree
as follows:,
1. prey. city leases to Club one acre (more or less)
in Lucchesi Park, Petaluma, California, as shown in Exhibit "A,!'
for the purpose of construction and operation of a Boys and Girls
Club facility by Club. All land in Lucchesi Park adjoining Club
facility will be maintained by the City after the Club landscapes
park areas disturbed during construction. Club will maintain its
building and parking lot.
2. Rent. Club shall pay annual rent of One Dollar ($1.00)
payable March 1st of each year. Club will use its own funds to
construct facility.
3. Term: The term of, this Lease Agreement shall be for
fifty (50) years commencing on March 1, 1991, with an option to
extend the lease an additional twenty-five (25) years, unless
terminated as provided herein. The Club shall have first right,
of refusal to purchase the land during the term of this lease.
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ATTACHMENT A _
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2 If the City receives an offer to purchase land it is willing to
3 accept, City will give written notice to Club spelling out terms
4 of the offer in detail. Club shall have sixty (60) days to
5 advise of its intent to exercise its right of first refusal.
6 This Lease Agreement is revocable only by mutual written consent
7 of City and Club. In the event that Club fails to initiate
g construction within five (5) years from the date of this
g agreement or its construction is not completed as evidenced by a
10 notice of completion approved by the City Council within seven
11 (7) years of the date of this agreement, this agreement shall be
12 null and void. Should Club not be able to continue the
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13 operations of their facility as a Boys and Girls Club for
14 duration of this lease, the facility shall become the property of
15 the City at that time without reimbursement to Club for the cost
16 of the construction of the facility.
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4. Compliance. Club agrees to fully comply with all
19 local, city, state and federal laws, regulations and ordinances
20 governing use of the land and their facility.
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22 5. Indemnification. Club shall indemnify, save, hold
employees and agents
23 harmless and defend the City, its officers,
24 from and against all losses and claims, demands, suits, actions,
25 payments, and judgments,, including attorneys' fees and expert
26 witness fees, arising out of or in connection with Club's
27 operation and/or use of the land.
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2City shall indemnify, save, hold harmless and defend
30 Club, its officers, employees and agents from and against all
31 losses and all claims, demands, suits, actions, payments, and
32 judgments', including attorneys' fees and expert witness fees,
33 arising out of or in connection with any City use of the Club's
34 facility.
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36 6.. insurance. Club, at its own cost and expense, shall
37 procure and maintain for the duration of this agreement insurance
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ATTACHMENT A
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for injuries to persons or damages to property
2 against claims
3' which may arise from or in connection with Club's use of tha
4 land. The cost of such insurance .shall be borne by Club an
5 shall have combined single limits of not less than one Million
6 Dollars ($1,000,,000.00).
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8 Club shall provide the City with a Certificate of
9 Insurance, which Certificate of Insurance shall name the.City of
10 Petaluma as an additional insured.
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event either party hereto
12 7. Attornev's`Fees. In the eve
agreement or
13 shall commence any legal action arising out of this
1.4 the performance' thereof, the party prevailing in said, action or
15 proceeding shall be entitled to recover, in addition to its court
16 costs, reasonable attorneys' fees to'.be fixed by the Court.
17 this
18 8. Notice. All notices required. -or permitted by
19 agreement, including notice of change of address, shall be in
20 writing and given by personal delivery or sent by United States
21 mail, postage prepaid, and addressed to the parties intended to
22 be not Notice shall be deemed to be given as of the date
.23 of delivery in person or as of the date when deposited in any
24 post office or any post office box regularly maintained by the
25 United States Government.
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27 9. g-blease. Club shall not sublease the premises without
28 prior written consent of the City.
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31 Notice shall be given as follows:
32 City: City Clerk
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34 City of Petaluma
35 Post Office Box 61
Petaluma, California 94953
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37 Petaluma Boys and Girls Club
38 Club:
39 426 Eighth Street.
Petaluma, -California 94952
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ATTACHMENT A
This agreement constitutes the entire understanding between
the parties hereto as of its effective date.
IN WITNESS WHEREOF, the parties have executed this agreement
as of the day and year first above written.
City of Petaluma
By
City Manager
c:JClease
Petaluma Boys and. Girls Club
By
Name and Title
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