HomeMy WebLinkAboutOrdinance 1753 N.C.S. 04/03/1989 + Y G W Y V
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ORDINANCE NO. 1753 NCS
Introduced by Seconded by
Larry TPnCPr Vice Mayor Davis
AN ORDINANCE AUTHORIZING A LEASE OF REAL PROPERTY
LOCATED NEAR THE FOOT OF WESTERN AVENUE ON WATER STREET
AND ADJACENT TO THE PETALUMA RIVER IN THE CITY OF
PETALUMA
SONOMA COUNTY, STATE OF CALIFORNIA AND DECLARING ITS
URGENCY TO TAKE EFFECT IMMEDIATELY
BE IT ORDAINED BY THE Council of the City of Petaluma as follows:
Section 1. The real property located adjacent to the Petaluma River in the
City of Petaluma, County of Sonoma, State of California is hereby authorized to be
leased under the terms and conditions set forth in the Lease by and between the
City of Petaluma and the State of California/State Lands Commission, which Lease
is attached hereto as Exhibit "A" and incorporated herein by reference and the City
Manager is hereby authorized to sign said Lease.
Section 2. This ordinance is hereby declared to be necessary for the
immediate preservation of the public health and safety and shall take effect and be
enforced upon its passage by a unanimous vote by the members of the City Council
present at the time of its adoption. The reason for the urgency of this ordinance in
that construction of the Pedestrian Bridge must commence immediately in order to
meet the construction time frames.
Section 3. The City Clerk be, and she is hereby directed to publish this
ordinance for the period and in the manner as required by the City Charter.
INTRODUCED, ADOPTED, AND ORDERED PUBLISHED this 3r day of
A ril, 1989, by the following vote:
AYES: Cavanagh, Tencer, Sobel, Woolsey, Balsha~, Vice Alayor Davis
PYayor Hilligoss
NOES: o
Ord. 1753 N.C.S.
r
ABSENT: o
:.1~~%G .
atncia i igoss, ay r
ATTEST:
atncia ernar~, ity er
.~.PPROVED
Ci ®ttorney
SLATE OF CALIFORN~I"A ~ FOR RECORDERS USE ONLY
STATE LANDS COMMISSION '
RECORDED AT THE REQUEST OF
State of California/State Lands Commission
Official Business - Document entitled'to free
recordation pursuant to Government Code
Section 27383.
WHE1~1 RECORDED MAIL TO
'State Lands Commission
1807 - 13th Street
Sacramento, CA 95814
Attention: Title~Unit W 24052
LEASE NO. ~ Z ~ 3 •
This Lease consists of this summary and the following attached and incorporated parts:
Section 1 Basic Provisions
Section 2 Special. Provisions amending or supplementing
Section 1 or 4
Section 3 Description of Lease Premises
Section 4 General Provisions
SECTION 1
BASIC PROVISIONS
The STATE AF CALIFORNIA, her•e`nafter referred to as Lessor acting by and through the STATE LANDS.
COMMISSION, (1$07 - 13th Street., Sacramento, California 95814),, pursuant to Division 6 of the Public Resources
Code and Title 2, Division 3 of the California Administrative Code, and for consideration specified in the Lease,
does hereby lease, demise and let to: CITY OF PETALUMA
hereinafter referred to"as Lessee:: ~ "
6AHHO.SE MAILING ADDRESS IS: 11 English Street
Petaluma, California 94952
those certain lands described in Section 3 subject to the reservations, Perms, covenants and conditions of this
Lease.
LEASE TYPE: Geneial Permit - Public Agency
LAND TYPE: Tide and submerged LOCATION: Petaluma River
LAND USE. OR PURPOSE:: Riq~ht-of-way €or pedestrian bridge across the
Petaluma River at Western Avenue, City of Petaluma, Sonoma County
TERM: 49 years:;, be;g;nninq May 1, 1989 and ending April 30, 2038, unless
sooner ter:m;nated as provided under this Lease.
CONSIDERATION: Public use "and benefit; wi h the State reserving the
right at any time to set a monetary rental if the Commission finds such
action to be in the State's best interest.
AUTHORIZED IMPROVEMENTS: Pedestrian bridge
[ j EXISTING: N/A
[X] TO BE CONSTRUCTED; CONSTRUCTION MUST BEGIN BY: May 15, 1989
AND BE COMPLETED BY: January 1, 1990
LIABILITY INSURANCE: N/A
SURETY BOND OR OTHER SECURITY: N/A
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE,. ITS' PROVISIONS ARE AMENDED, REVISED
OR SUPPLEMENTED AS FOLLOWS:
/
/
-2-
1492E
SECTION 3 ~ ®V 24052
LAND I2ESCItII''I'ION
A strip of-.land 3U feerwide in the bcd of the Petaluma River in the City.of'Pctaluma, Sonoma
County, California, lying 15 -feet on each side of'the following described center line.
COlvIlviENC1NG at dimensional point "J"' as shown; Record of :Survey filed in Book 141 of
Maps, Pages 3S and 39 in the Sonoma_ County Recoanders :Office; thence along the line from
said point "J" to point "H" as shown on said Record of Sutve , S S4°OS'S0"' W, 17.51 feet
to the POINT OF`BEGIIVNING; thence S 44°3S'1~5': 143. feet more or less m the
eastern sideline of Water Street and the end of this description.
EXCEP`YTNG THEREFROM any portion lying landwai+d of the ordinary high water marks of the
Petaluma River.
END OF HDESC ION
PItEPAItEI) IFEEItIJAIYY 3,1989 Bl' BIi11.
~~53
SECTO®N 4
GENER~IL PR:OVISI®nIS
1. GENERAL pressly authorized inSection 1 or`2 of this Leaseshall ba con-
These provisions are applicable to all leases, permits, rights-or- structed by the Lessee on dhe. Lease. Rremises vvithout the
way, easements, or licenses or other interests in real property con- prior written consent; of lessor. Lessee shall notify Lessor
veyed by the State Lands Commission. within ten (TO)~days after~:commencing the construction of
authorized ,improvements, and within sixty. (60) days after
2. CONSIDERATION completing them.
(a) Categories
(1) Rental: (2) Alterationor Removal -Except+++asprovided under this -
Lessee shall pay the annual rental,as stated in Section 1 Lease; nogalteration or removal of existing improvements on
or 2 to Lessorvvithout deduction, delayror"offset, on or before or naturaffeafuresof the;l_ease Premisesshall be undertaken
the beginning date iif this Lease and on or'before each anni- without the prior written ci5nsenY of Lessor:.
versary of its',beginning date during each year of the Lease
term. Id) Conservation:
Lessee shall practice conservation of waterand other natural
(2) Royalty or other consideration: resources aril shall prevent pollution and harmao the environ-
.Lessee shall pay a royalty or other consideration in the menu in or on the Lease Premises.
amount, method and manner as specified in Section 1 or 2.
(e) Enjoyment:
(3) Non-Monetary Consideration:. Nothing in this Lease shall preclude Lessee from excluding
If a monetary rental, royalty, or other consideration is persons from the Lease Premises when theirpresence or activity
not specified in Section 1 or 2, consideration to Lessorforthis constitute. a material interference•witti lessee's use and enjoy-
Lease shall be the public use, benefit, health or safety;. as ment of'the Lease: Premises as provided under this Lease.
appropriate, however Lessor shall have the right-to review
such consideration at any tjme and to seta monetary rental if (f) Discrimination:
the State Lands Commission, at its sole discretion, deter- Lessee in its use.ofthe Lease.Premsesshall notdiscriminate
mines that such action is in the best interest of the State. against anyperson or class of persons orrthe basis of race, color;
Lessee shall notify Lessor within ten.(1 Q) days in•the event creed, national "origin,. sex; age, or physical handicap:
that the public is charged any director indirect fee for useand
enjoyment of the Lease Premises. 19) Residential Use:
lJnless otherwise allowed under this Lease, improvements
(b?. Modification on the Lease Rremses shall not be used as a residence oi'for the
Lessor may modifythe amount or rate ofconsideration effec- purpose, of mooring a floating residence.
five on each fifth anniversary of the beginning date of this Lease.
Should .Lessor fail to exercise such right effective on any `fifth. 5. RESERVATIONS, ENCUMBRANCES'AMD RIGHTS-OF-WAY -
anniversaryitmaydosoeffectiveonanyone(1?oftbenextfour(4) la) Reservations:
anniversaries following such fifth anniversary, without prejudice (1) Lessor expressly reserves all natural resources in:or on
to its right to effectsuch modification on the nextor anysucceed- the l:ease~ Premises, including but ;not limited to oil,. coal,
ing fifth anniversary. Any modification of the amount or rate of natural ,gas and other hydrocarbons; .,minerals, aggregates;
consideration made pursuant to this paragraph shall-conform timberand_geothermalresources,;aswellastherighttogrant
to Title 2, Division 3 of the:California AdministrativeCoderand no Jeases jn.and over the Lease Premises for the extraction of
such ,modification shall become effective unless Lessee is given such natural resources, however such ,leasing shall be
written notice at least sixty (60) days prior to theFeffective date. neither `inconsistent nor incompatible with the rights or
privileges of Lessee under this Lease.
(c) Penalty and Interest
Any .installments of rental, royalty, or other consideration (2) Lessor expressly reserves a .right to go on the Lease
accruing underthis Lease not paid when due shall besubjectto a Premises and afl improvements for any purpose associated
penalty and shall bear interest as specified in Fublic.Resources with this Lease or for carrying out any function required by
Code Section 6224 and Section 2. law, or the rules; regulations,or;managament policies ofthe
State,Lands Commission. Lessor shall have a,rightofteason-
3. BOUNDARIES able access to the'Lease Premises across Lessee owned o_r
This Lease is not intended to establish the State's boundariesand occupied .lands adjacent to the Lease Pr
emises for any pur-
ls made without prejudice to either parry ,regarding any boundary pose associated wvith this Lease.
claims which may be asserted presently or in the future.
13) Lessor expressly reserves to the public an easement
4. LAND USE for' convenient access across the Lease Premises'to other'
(a) General: State-owned lands located near or adjacent to the Lease
Lesseeshall use the.Lease Premises.only for-the purpose or Premses;and.a right of reasonable passage across and.along
purposes stated in Section 1 or 2 and only,forthe operation and any right-of`-waygranted by this Lease, however,.such.,ease-
maintenance of the improvements authorized,nySection Lor 2, ment or right-of-w.ay shall be neither nconsistentmor in-
Lessee shall commence use of the Lease Premises within ninety compatible with the rights.or privileges of Lessee underthis
190) days of the beginning date of this lease. Thereafter Lessee's Lease.
discontinuance of~such use for ;a period of ninety (90?°days shall'
be conclusively presumed fo be an abandonment. (4) Lessor expressly reserves the right to lease, convey, or
encuMber'3helLease Premises; in whole or inpart;during,the ,
lease 4erm`for any purpose not inconsistent or incompatible
(b) Repairs and Maintenance: with the rights or privileges of Lessee underthis Lea_ se:
Lessee shalt; at its' own expense; keep and maintain the
Lease Premises and all improvements in good .order and repair (b) Encumbrances:
and safe condition. This Lease may be subject to pre-existing contracts, leases,
licenses, easements, encumbrances and claims and it is made
(c) Additions, Alterations and RemovaL• withoutwarrantyby Lessor of title, condition orfitnessofthe;;land;
(1) Additions - No improvements other than those ex- ] fonr~the.stated or'intended use. `
7 SJ ' C.S Form 51.15 (7/84,1'
(c) Righta-of-Way 10. ASSIGN11i1ENT, ENCUMBRANCING;OR SUBLETTING'
If this Lease is for aright-of=way covering one'ormor`e pipe- (aj Lessee shall not eitherwiiluntarily or by operation: of. law,
lines or conduits; the Lease Premises include only land actually assign, transfer,~mortgage, pledge, Fiypothecateorencumberthis
underlying the.pipeli'nes or conduits;.and Lessor hereby grants to Lease and shall not sutiletth"e~lease Premises, iri vvFiole.or in part, •
Lessee a,hon'exclusive right to go onto healandsadjacent to,the or allow any person otherthan the lessee'shemployees, agents,
Lease :Premises as is reasonable and necessary for installation, servants and invitees. to; occupy or use all ;or' any portion of the
inspection and maintenance of.the pipelines or conduits. Lease. Premises withouT the prior written consent of Lessor.
6. RULES; REGULATIONS'AND"TA'XES rlb) This Lease shall be'app"urtenant fo~littorel or riparian land
(a) Lessor-_and .lessee, shall comply with and be bound by all and any ovvnership~,nterest'oi;_use rights of Lessee in•such lands
presently existing or subsequently enacted; rules, regulations, and it•shall not be severed,from.such'rigFits~:or!interests"without
statutes or ordiriarices -,of the, State Lands' Commission. or any the. prior written consent of ,Lessor. , _ `
other governmental agency"or entity having lawful`aiithority:artd 1 T. 'DEFAULT A'MD•REMEDIES
jurisdiction: (a) Default:
The occurrence of a
(b? Lessee recognizes and understands in accepting this•Lease shall constifute.a defau ny one; or more`of`the following events
It or breach of this.Lease'by Lessee:
that it maybe liable;for a possessory interest tax imposed bya~city
or county on its leasehold interest and that its payment of such (1) Lessee's failure to make.any paymeiif of rental„royalty,
a tax shall not reduce the amouni of consideration due Lessor or other consideration as reiauiced under`tfiis Lease.
under this Lease a'nd""that Lessor shall .have no liability°for'the -
paymentof such a tax. ~ (2) Lessee`sfailurefoobtainormaintam?ia6ilityinsurance
or a surety bond or ofher`sectirity, device as.required under
7. INDERANITY
• tfiis_ Lease.
(a) Lessor;shall'.not be liable and Lessee shall ntlemnify, hold
harmless and, at the option'of`Lessor; defend Lessor, its officers;. (3) Lessee's' vacation ors ,abandonment of the Lease
agents, and employees againstahtlforanyaridallliabil~ty,claims, Premises during the Lease term.
darnagesrorinjurjes of anykind and from anycause,~occiiriing orr ,
the .Lease Premises or improvements; or arising out of`or con- (4) lessee's failure to observe or perform,,any.;othertarm;
nected in anyway,with the issuance of this Lease. covenant or condition of Phis Lease to be ob"served or per.-
_ , _.e,
formed by the L+essee'when,such failure sFiall continue.for~a
(b) Lessee shall give prompt notice to 'Lessor in case" of a'ny period~of sixty (60?_days after :Lessor's giving written notice;.
accident, injury or casualty on the Lease Premises. however, if~the nature"of Lessee's.:defaultor breach szsuch
' that-more than sixty: (60) days are reasonably required for its
8. LIABILITY INSURANCE, ~ cure, then Lessee shall, not be deemed to be in default or.
(a) If so specrfied :in Sectioh 1 or 2, Lessee shall obtain at its breach if Lessee commences such cure;withinsuch sixty(60?'
own expense and keep''in full force and effect during the lease day period and diligently .proceeds with such cure to
term with. an insurance company acceptable to Lessor compre: completio"n. •
hensive'liability ihsurance;forvspecified categories aridamounts;
insuring Lessee and Lessor against any and`all claims•or liability Ib? Remedies:
arising ouf.of the ownership •us_e; occupancy, conditionoremain- 7n the `event of a default or b~eacl by Lessee and Lessee's
tenance of'the Lease' Premises and "all imp?ovements. failure tii cure such default of b~eacFi, Lessor`mayat any time and
• with or without notice do any"one'or,mo~e~iifthe following:
(b) The insurance, policy or policies shall name the State as an
additional insured or co=:insured party as to~the Lease Premises 11? Re=enter the,Lease Premises, remove all persons and
and shall identifytFte Lease by~ifs;assignetl number. Lesseeahalj Property; and respossess and enjoy such premises.
provide Lessor with _a, certificate of such insurance and shall
keep such certificate current (2? Termihete'this Lease and Lessee s; right of possession
of the Lease Premises. Such termnation'shall.be effective.
lc) The liability insurahce coverage°specified in this Lease~.shall be upon Lessor's giving written niiticgand:upon receiptof such,
in effect at all times during the Lease: term and subsequently notice Lesseeahall.. immediately surrender possession of the
until all of the Lease Premises have been either accepted as im- Lease Premises to Lessor.
proved by .Lessor or restored pursuant to Paragraph 13.
(3) . Maintain this;Lease irtfull force and effect,and`recover
9; SURETY BOND anyrental;.royalty„or other.consideratiomasahey,tzecomedue
without termiriating.Lessee's right of possession regardless
(a? If;sospecified'inSectionl,.Lessee hallprovideasuretybond of whether Lessee shall have abandoned the Lease
or other security device acceptat(e to Lessor, for the specified ,Premises.
amount, and naming the State of California as:the assured'', to '
guarantee: to Lessor the faithful obseryance::a.nd' performance (4) .Exercise any other righT or remedy which Lessor 'may
by Lessee of all of the terms, covenants and conditions of this have at law or in equity:
Lease.
12. CES$EE`S TERMINATION
(b) Lessor may increase the amountof`the.surety"bond,or'other Lessee; may`tenminate this Lease for any reason upon giving
security device ao cover any 'additionally authorized improve- Lessor;ataeest sixty (60) days`prior written-nofii;e. Lessee"agrees that:
merits, .alterations or purposes and any modification of on the,:aff.ectiye date of termination' it shall`7esponsjbly leave and' •
consideration. surrender the Lease Premises'to Lessor in ;a state of good order;
condition; repair„and .restoraUon,as,proVided uniier`Paregraphs 4(b)
(cl The surety"bond,or•othersacurity device shall be maintained. and 13. The, exercise of such r,i`ght of `termination shall not release,
sequlenoi ce and effect at all;times dunn the:Lease'term and sub=. Lessee from liability for V y unpaid but accrued rental,;royaltyorother .
9
y until all of the Lease Premises have .been eith"er consideration which ma berdue under this Lease or from any'other
' accepted as ,improved by Lessor or restored pursuant to .Para- obligaUOn"s: still applicable underthe Lease. No portion of anyrental
graph 1'3. -paid 6y Lessee in advance shall be+refunded.
13. RESTORATION OF LEASE PREMISES (2) Any such waivershall not be deemed to be a waiver of
(a) Upon expiration or sooner termination oRthis Lease, Lessor any other term, covenant or condition orany other detault.or
may accept all or any portion of the.Lijase Premises, as then im- breach of any term, covenant or conditiomof this Lease.
proved vvith structures, buildings, pipelines, machinery, facilities
and (ills in place; or Lessor .may require Lessee to remove all (b) Time:
or any portion of such improvements at its sole expense and risk; Time is of the ,essence of this Lease and each and. all of .its
or Lessor may itself remove or havetemoved all or any portion,of terms, covenants or conditions in which performance is a factor.
such improvements at Lessee's sole expense.
(c) Notice:
(b) In removing any, such irnprovements,Lesse,eshall restorethe All notices required to be given under this Lease shall be
Lease Premises as ri""early a"s possible to the conditions existing given in writing, sent by United Stafes mail with postageprepaid,
prior to their installation or construction. to Lessor at the offices of the State Lands Commission and to
Lessee. at the address specified in Section 1. Lessee shall give
(c1 All such removal and restoration shall be to the satisfaction Lessor notice of any change in its name or address.
of Lessor and shall be~coinpleted within ninety (80) days of the
expiration or sooner termination of this Lease. (ti) Conesn4:
Where Lessor's consent is required under this Lease its
14. QUITCLAIM consent for one transaction or event shall not be deemed to be a
Lessee shall, within ninety (90) days_o( the expiration or sooner consent.to any subsequent occurrence of the same or any other
termination of this Lease, execute and deliver to Lessor in a form transaction or event.
provided by Lessor a good and sufficientrelease ofall rights under this
Lease. Should Lessee fail or refuse to deliver such a release, a written le) Changes:
notice by Lessor recitingsuch failuie or refusal shall; from the date of This Lease may be terminated and its term, covenants and
its recordation, be conclusive evidence against Lessee ani3 all other conditions amended, revised or supplemented by mutual agree-
claimants of theiermination of this Lease and any rights,or interests ment of .the parties.
of Lessee in the Lease Premises.
(f) Successors:
15. HOWING-OVER Th"e .terms, covenants and conditions, of this Lease shall
Any holding-over by Lessee aher the expiration of the Lease term, extend to and be binding upon and inure to the benefit of the heirs,
with or without-the express or implied consent of'Lessor, shall con- successors, and assigns of the respective parties and if more than
stitute a tenancy from month-to-month and not an extension of the one lessee is a party to this Lease, the obligations of the Lessees
Lease term and shall be on the terms, con_venants and conditions of shall be joint and several.
this. tease with rental, royalty or other consideratio~',payaDle in
advance on the first' day of each month, at the rate of one-twelfth
(1/12th) of the annual amount. (g) Captions:
The captions of this Lease are not controlling and shall have
t8. ADDITIONAL PROVISIONS no effect upon its construction or interpretation.
(a) Waivor: ,
(1) No term, covenant or condition of this Lease and no
default or breach of any such term,, covenant or condition (h) Severebility:
shalfbedeemedtohavebeenwaved,6yLessoFsacceptance If any term, covenant or condition of this Lease is judicially
of a late or nonconforming performance or otherwise, unless determined to be invalid, it shall be considered deleted and shall
such a waiver is expressly acknowledged by Lessor in ,not invalidate arty of the remaining terms, covenants and
writing. conditions.
STATE OF CALIFOR-7NIA - STAT,+E LANDS COMMISSION
LEASE P.R.C. No. ~
This lease will: become binding' upon the State only when duly executed on behalf of the State lands Commission of
the State of Caljfornia;
IN WITNESS WHEREOF; the parties hereto have executed this lease as of the date hereafter affixed.
LESSEE STATE OF CALIFORNIA
STATE LANDS COMMISSION
Joni L. Scharer, Ci: agar Division of Land
' Title.
sd l.Ja~
- Date
Joseph A. Forest°„ ty Attorney
• ~ ATTES
;
yDavid Spilman, Fi ante Directo Patricia E. Be.rna ~
~ The issuance. of-this lease was authorized by the State
ACKNOWL'EDGEfVIENT' Lands Commjsion on
(Month Day Year)
~Y (n, S Form 51.15 (7/&41