HomeMy WebLinkAboutResolution 2005-108 N.C.S. 07/11/2005 r Resolution No. Zoos-~osN,~,S, of the City of Petaluma, California AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT WITH REGENCY PETALUMA LLC, REGARDING THE POSSIBLE SALE OF PETALUMA SWIM CENTER AND AD.TACENT LAND . WHEREAS, Regency Petaluma LLC. (Regency) has purchased the Kenilworth School Site from Petaluma .Schools; and, WHEREAS, Regency's purchase of the Kenilworth School Site has enabled the School District to construct a new junior high school to replace the dilapidated school facilities currently located on the Kenilworth School Site; and, WHEREAS, the City-owned swim center located on the property commonly known as 900 East Washington Boulevard (the "Swim Center Site") is outdated and in need of improvements, repairs and updated equipment, and the City wishes to explore whether the construction. of a new swim center at a different location may better serve the needs of the Petaluma community; and, WHEREAS, the City and Regency are currently negotiating with the Fourth District Agricultural Association (4-DAA) regarding a possible amendment to the lease of the Fairgrounds executed by and between the City and the Association in order to exclude from the Lease the Skateboard and Solar Collector areas and road easement area; and, WHEREAS, Regency believes that the Swim Center Site and the Skateboard and Solar Collector Area may serve as a useful gateway to commercial development on the Kenilworth School Site; and, WHEREAS, the redevelopment of the Kenilworth School Site and the Pool Property will be of benefit to the City of Petaluma and the Community Development Project Area, and will. be consistent with the redevelopment plan adopted for the Project Area; and, WHEREAS, on May 3, 2004, the City of Petaluma entered into an Exclusive Negotiating Rights Agreement with Regency Petaluma, LLC., with an expiration date of June 15, 2005; and, WHEREAS, negotiations with the 4-DAA have .not yet been completed due to requirements imposed by the State of California, thereby delaying negotiations in connection with and Exclusive Negotiating Rights Agreement (ENRA); and, ResoluGonNo. 2005-108 N,C.S. WHEREAS, execution of the First Amendment to the Exclusive Negotiating Rights Agreement will enable the City and Regency to continue to plan for the orderly development and reuse of the Kenilworth School Site and the Property; and, WHEREAS, the First Amendment to the Exclusive Negotiating Agreement does not obligate the Developer to purchase the Kenilworth School Site or the Property, nor does the Agreement obligate the City to sell the Property to Developer or to any other party. NOW, THEREFORE, BE IT RESOLVED the Petaluma City Council hereby authorizes the City Manager to execute the First Amendment to the Exclusive Negotiating Rights Agreement, attached hereto as Exhibit 1, pursuant to which Regency shall extend the exclusive right until June 30, 2005 to negotiate with the City regarding the terms and conditions for the possible lease or sale of Swim Center Site to Regency. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: f hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the ~ity of Petaluma at a (Regular) (Adjourned) (Special) meeting form on the day of ........~~!lY 20.05., by the following vote: ity Attorney AYES: Canevaro, Vice Mayor Harris, Healy, Nau, Torliatt NOES: None ABSENT: ~ o Mnayo/r JG~ laess 1 ABSTAIN: O'Brien - ATTEST: .~.1~..4~'~Jv 1.~..! City Clerk Mayor Council File Res. No.......20..0.5..-.108_.......N.C.S.