HomeMy WebLinkAboutOrdinance 1729 N.C.S. 07/18/1988EFFEC-11VE DATE
OF ORDINANCE
JUL 18 1988
ORDINANCE NO.
Introduced by
Jack Cavanagh
1729 N.C.S.
Seconded by
John Balshaw
AN ORDINANCE AUTHORIZING A LEASE OF APPROXIMATELY
13.98 ACRES OF REAL PROPERTY LOCATED 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 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 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 Marina Facility must
commence immediately in order to have the work in as completed a stage as
possible prior to the winter rains.
Ord. 1729 NCS 1 of 2 + Exhibit
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
and ORDERED published/peisieid
this 18th day of
July
, 1988.
ADOPTED this
18 day
of July 1988,
by the following vote:
AYES:
Cavanagh,
Tencer, Sobel, Balshaw, Vice Mayor Davis, Mayor Hilligoss
NOES: None
ABSENT:
wnnlsPv
ord . marina. lands / LAW 13
Ord. 1729 NCS 2 of 2 + Exhibits
i
,,;TATE'OF CALIFORNIA'
S:TA'TE 'LANDS 'COMMISSION
FOR RECORDERS.USE ONLY
RECORDED AT THE REQUEST OF
State oIf California/State Lands Commission
official Business —Document entitled .to free
recordation pursuant to Government Code
Section 27383.
WHEN RECORDED MAIL TO
State • Lands Commission
1807 - l3th Street
Sacramento, CA 95814
Attention: Title Unit
LEASE NO.
This Lease consists of this summary and the following -Attached and incorporated parts:
Section l
Basic Provisions
Section 2
Speci'al Provisions amending or supplementing
Section 1 or 4
Section 3
Description of Lease Premises.
Section 4
General Provis:'ions.
SEC.T.ION 1
BASIC PROVISIONS
W 23761
The STATE OF CALIFORNIA, hereinafter referred tol as Lessor, acting by and through the STATE LANDS
COMMISSION,,f1807 - 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: CITYOF PETALUMA
hereinafter referred to as Lessee:
WHOSE MAILING ADDRES'S IS: 11 English Street, P. 0. Box 61
Petaluma, ,California 9.4953-0061
those certain lands described i,n, Section 3 subject to ,the reservations; -terms, covenants and conditions of this
Lease.
LEASE `TYPE: -General Lease - Public Agency Use
LAND TYPE: Sovereign LOCATION: Adjacent to the Petaluma River in
the City of Pdt'aluma, Sonoma County,
containing approximately 13.98 acres, and more particularly described in
.Section 3 attached herein
LAND USE OR PURPOSE: Construction and operation of a public marina;
dredge a maximum volume of 300,000,vcuhic yards of material to be disposed
at, the C,-ity of Petaluma s disposal s'ite,.,..Count;y of Sonomals. landfill site,
or an approved United' Staves Army Corps of Engineers disposal site.
TERM: Thirty (310) year,; he,ginning ,J.uly 1, 1,988 and ending June 30, 201.8
unless sooner terminated as provided under this Lease.
XIWVT10TT A
oRD:i72sHcs
CONSIDERATION.'
1. For the period beginning July 1, 19'88 through June 3:0, 1991, the
annual r.ental., paya`b,le in advance., shall be $250.
2. F-or the remaining balance of this lease beginning July :1;, 199:1,
th'e Lessee agrees to: pay the minimum annual rent of $,6,622, o-r
seven percent (7%) of `gross inco.me•., whichever 'is gr;eater', to
Lessor, without deduction„ delay or' offset at such p.lac'e, as may be
designated by Less,o.r from time to time, in acac&rdance with the
schedule . as set forth ,herein,. Any rental due which is in .excess
of the minimum annual rental sshal.l be due and payable on the same
day that the annual report i:s due., and payment s_ha1,1 accompany'
s ch report,.
3. It, is specifically a,gre,ed that in .the -event of the termination. of
this Lease prior to its expiration date from any cause whatsoever,
no portion of the minimum annual rental paid in advance_ sh:1-1 be,
refundable.
4. DEFINITIONS;:
(A—) GROSS' . INCOME
"G'rosa Income", for the purpose of computing annual rental,
due to the State Lands Commission, 'shall include, but not:
limited to:,
I., The sales price of any type of food, and' drinks sold , by
Lessee., whether- for cash or credit.
Z. The; sales pric-e of all other good`s, wares, merchandise
or products sold by Le,ssee., whether for; cash'or credit..
3. Commission received nor earned from non -lessee owned,
coin op'er�ated vending :machines or 'other ,dlevices, and all
sums diepo'sitedin Lessee owned coin-apera:te:d vending,
machines or other devices.
4._ The, charges madle by° the: Lessee fo`r theberthing,
docking, mooring c$x l,aunch'ing ,of, boats.
5. The, 'charges made by the Lessee for the, rental of any
type of equipment ox. product, whether for cash or for'
cared i t .
6., Any other income, whether, for cash or, credit ge.n.efated
di'r'ectl.y f r;om or o'n,, the leased aare.a by the Lessee} s
opeer,at i-o ns;.
5. ALLOWABLE REDUCTTONS TO' GROSS INCOME
Gross income shall not ine,lude any sales or excise taxes payable
by the L,es'see to Fede1ral;, Staten, County or municipal governments as a
direct result of operations under this Lease, provided 'that these: taxes
are : clearly segregated and identltled in the !Le`ssee's :books and r-ecoxds.
Tin. 3J i F Al
F:!:•P
6. ALLOWABLE' REDUCTL'ONS TO GROSS. SALES -:
Gross "sales may be reduced b:y ' returns "and, a,ll.owances ;on the theory
that these. "sa.les� we're never made,, and, should not have been included
as art of the p gross, sales, but .grow income hail not be reduced by,
any other amount.
7. CASH:
"Cash" includes' currency, coin, checks, and money orders.
8. CREDIT:
"Credit" includes c,r:edit card transactions, and, those transactions
made on open account or for any oral or written promise to pay.
9. REPORTS:
The Lessee sh1al,1 submit, on: forms approved by the State Lands
Commissi.o:n, an annual report det°aili'n,g their gross income from boat
docks and moorings, and any other income generated from, or on, the
Leased Premises. This report shall be accompanied by a Balance Sheet
of the Lessee as of, the last day covered by the annual report, and an
Income Statement covering the results of Lessee's operations for the
year ended on the last day covered by, the annual report. These reports
shall be due on the twenty-fifth (25th') d`ay of the month following the
end of -the year c"overedby the annual report, unless the Lessee has
received, in writing, permis`sio'n from the. State Lands Commission for
later submission, not to exceed ninety (9`0) days.
10. BOOKS AND. RECORDS':
The Lessee shall maintain 'bo.oks, and records of all financial
transa(cti.on6 r,e1at1ng t'o: the Leaaed Premises in -accordance with
generally accepted accounting principles. These records shall be
supported by source documents such as agreements, with renters„ copies
of invoices, rece"i:pts;,, and other pertinent documents. If req,.uested by
the -State, the Lessee shall allow repr--esentatives of the State Lands
Commission to ex_amwi"ne copi-es of Federal and State. Income Tax Returns,
and Board of EqualIzation Tax Returns in order to corroborate
information shown,,on re,por,ts to the State Land's Commission.
11. EXAMINATION OF BOOKS AND RECORDS:
'All annual reports submitted to the State Lands Commission are
subject to audit and revision by the ;State Lands Commission. Lessor
may inspect all. Less;ee's books, records,, and documents relating to the
operation of the - Leased Pr;emise;s at a;l1 reasonable times. Any
statutory or other right that the Lessee may have to object to such
inspectioy
n b the State Lands Commission are hereby waived.
_
The foregoing is subject to modification by 1es"so,r., a:s. specified in
Paragraph 2('b) of Section 4.
AUTHORIZED IMPROVEMENTS,: Maximum of 220 uncovered boat berths, launching
ramp,,, restr.00ms, harbormaster's of,f`ice, and ancillary appurtenances
inherent to a "marina operation; paved parking l.ot, riverbank breachment to
create a marina entrance channel and ripr,ap placement.
-3-
[X] EXI,STING: Boat launching ramp, paved parking :area, restroom
facility and minor appurtenances thereto.
[X.] TO BE CO9ST.1tUCTED,,- CONSTRUCTIOU MOST BEGJN BY': 10/011/'818
AND BE QQ]tP1LET8b BY: 101/01/'91
LIABILITY INSURANCE: $2,000,000
SURETY `BOND OR OTHER SECURITY: N/A
SECTION 2
SPECIAL PROVISJONS
BEFORE THE 'EXECUTION; OF THIS LEASE, ITS PROVISIONS ARE AMENDED, R . E - VI - SED,
OR SUPPLEMENTED AS FOLLOWS:
1. DEMOLTTIDN `OF EXISTING FACILITIES;:
Les'see: agrees to demolish. and remove all exi-sting impr,,ovements
stated in. Sectlion 1 at, their sole expense and- risk. Such improvements
are With'in the lease a' -ea of 1eas,e PRC 4048.9hef1d, by the City of
,Pe.taluma wh1ch will be terminated and included as -,a part. 'of this lease.
2. MARINA BASIN EXCAVATION:
A 'royalty 'of,. $0.25 per cubic; yA.rd shall be P,&.id for any dredged:
.material sold orused ,f.-.'orprivate or commercial benef'it. There
shall be no royalty charged ',f,or- materdal, placed on ti.de'la,nds or
private :1,ands dedicated to the public trust:.
('b) It, * is agreed that Lessee t'hall submit copies; of -repor:ts or
Contracts with the dredging operator sub.st0ntiating,, the volume o.f
materials dredged and any -royalties due to, the Cbmmiszlon on a
quart,e:r1ly basis,, on forms supplied' by the Commfszlon (Form, TG.9).
It is agreed that. Lessee shall submit said forms on or befofe the
fifteenth ('15th) day- of the month f�ollbudrig theend. of each permit
qu&rtelr, together with payment, for the; royalty due, on the volume
removed during that quarter. The fi;rst permit quaXterl- sha-11, be
the f ir'st three, months: following the e . ff ectiye -date, at this
p6-rmitj and every three-month period thereafter shall be a permit
4-iia r'l t e r.-i
(C) it is further agreed that Lessee. shall furni.-s-h the Commission with
CopLies. of, fina.1 surveys orcopies of any other- .computations, used
as a ba,sls to verify dredge. volumes within twenty-five (25) days
'
of completion of the -activity authorized hereunder'.,
-4-
3. MAR-INA CONSTRUCTION:
(a) It is .understo.od that because implementa,ti,on of construct i,on is,
dependent upon timeliness of financing flo+r 'the marina pr.oj°ect from
Department of Boating and wate;rways., the beginning date of
construction is deferred to allow ample time fo+r the funds to be
disbursed.
(b) Lessee agrees to notify Lessor, in writing the date of marina-
co:nst.ruction completion within six't,y (60) days of that
occurrence. A copy of the "as -built" construction plans certified
by the .project contractor shall be included with the notifi-,cation.
4. MAINTENANCE DREDGING:
(a). Lessee 'is author zed to perform. maintenace dredging of minerals,
other than, oil, gas, and geothermal, from the area described. in
.this lease, for the purpose of maintaining navigable channels in
and around the lease premises. The total volume of material
removed shall no't, exceed a maximum of 13,00.0 cubic yards per year
of this lease.. This authorization includes the right to deposit.
said material at United, S'ta,tesi Army Corps of Engineers' disposal
sites or; elsewhere .as_directed% by the ,District Engineer or other
lawful authority
(,b) No royalties will be assessed on materials removed from the lease
,area; provided that a royalty of $0.25per cubic yard shall be
paid to the State fo';r any material placed on private or public
property and used for any private or commercial benefit.
(c) In the event Lessee does perform maintenance; dredging as
authorized.by this paragraph,, within one month of completion of
suich dredg.in_g, Lessee s-hall submit a report to Le`sso:ri
subsetan,tatinq. the volume: of materials dredged and .any royalties
due Lessor, on form-si. provided by Lessor (Form 30.9).
5 MARINA'-S 'MEMBERSHIP FAC,I`L'ITIES:
The marina authorized by this lease i;s to. be; open and available to
the'. general public consistent with tes:see's ru.le's and operating
procedures. Boat berths, shall be available to renters -on a first -come,
-5-
first -served basis. No member of the pub-lic s,hal.l be refused 'an
opportunity 'to ,use ox tent a slip on the basis of non=me;.mbers;hip in any
c1u,b, a.ssocia,t.i:on„ or 01hez such organization formed for us:e of the
Lease premises in c.onjuncti.oa with,adjacent uplands. G:on er.s:io-n of the
marina f�a,ci,liti'es .authorized by this- lease to, fa.ci.liaies 'availab:le only
to members of, a caub, a, spc. a,t:i,on, or other s"uc'h organization shall.
require prior wr:it;ten approval of Le-ssor.
6_ MARINA ASSIGNMENT ENCUMBRANC ING OR :SUBLETT°ING.
Lessor he're.by co:nAents to L,e,s'see"s_ subletting of all o,r any
;portion of the lease pr:emi.ses: for berthing or moor'in,q' Our;pos.es in
conjunction with normal commerciaa marina subleasiriq practices for
terms. 'o€ one: '('1) year ;or less.
7. RIGHT TO: EXTEND CLAUSE:
(a) At the, expiration of t_hi.s l.ea e, Lessee shall have the; right to
extend' its lease for 'olne 'addItional period of ten (',lO) years. fo.r
such rental, and acc;osrd-inq to s'uch other ter;ms,, cow.enants, and
conddvi.ons as negotiated between the parties to this lease.
Lessee shall give written notice of the exercise of such right to:
Le'ssor< at l,e.a`st six (6) months prior to the expiration of the;
leas'e ter---m and f;aihur-,e, to give such notice sha711 constitute: ',a.
waiver, of such rig.ht,. ht -is: t!he intent of the parties that Less:or
shall lease and that Lessee .shall not be in a tresp.as:s or ho'ld:over
status as to• the jease2 premises after, the expiration of this,
lease,, but rather.. that a: du1..y authorized and executed l.ea:se .shall
exist between the parties :f.ol,lowi-ng the expiration o:f this leas"e.
(b) In the event the parties to t;hls agreement cannot, agree on such
reasonable terms covenants, and conditions tor-, extending, this -
lease,, Lessor or Lessee may elect to terminate this agreement: If:
such termination occurs, Lessee shall re'1e ,s:'e, its rights under
this lease, as provided f'o.r, elsewhere in, th-is Leas,e
8. RE.S:TORATI.ONOF 'LEASE PREMISES:
Lt. is understood and agreed `between. Lessor and Lessee, th-�at
Paragraph .13 of Section 4. excludes the requirement that .:Les"se.e refill
and, restore, the ;marina basin to, its original c:ond.it.io'n prior to
excavation. All other requirements shall remain in full force and
effect.
9.. PREVIOUS:`hEASE SUPERSEDED:
That certain lease designated PRC 4*048.9, entered into �on March 26,, 19`70,, by and
between the.State of California, acting by and through State Lands Commission, as Lessor-:,
and the:City of Petaluma, as Lessee, is expressly superseded.by this Lease.
�i-
SF'C;T`()N 3
LAND DESCRIPTION
PARCEL 1
Being portions of the land de,scri,bed 141 Grant Deed No. 9789
recorded Feb. 19, 1953' in Book, 1,189 of; -Of f icial- Records,
page 305., Sonoma County, and Grant Deed No. 17660, recorded.
Jan. 27. 1956, in Book 1410 o:f-Off icial 'Records, Page 451.
Sonoma County, and being a portion of the Petaluma Rancho in
T4N.R7W and T5N, R7W, M.D,.B...&M., more particularly described
as follows:
COMMENCING' at the eazs"terl,y ter,Mlnu's of the curve with an arc
length of 72,5.9 feet; a's d'es'cri,bed in that Deed to Northwestern
'Pacif=i+c ,RAilroad' Company._ a corpora•t; o;n, recorded Oet. 24, 1916
in Book 3,45 of Deeds, page Z6C. 'Sonoma County!, said point lying
on the southerly- line of the Noxthwest•ezn Pacific Railway
right-of-way, said point. of commencement being in'di,cated as
Point ''"C: on that Record of Survey ;Retarded in Book' 185 at
page 15 o-f- Maps,,. Sonoma County; thence southeasterly ,on a
tangent to said cu.r.we and a.lonq the, 'sou`therly line of the
Nor'thwes,tern Pacific Railway right-of-way S 7605911.2" E
785.10 ;f':eet to 'a point of intersection with the westerly line
of: .Pa.rc.e`-1 2 o`f tha,t certain real property s,itua'1e in tAhe County
of Sonoma. State of C'al.if`ornIa,, desceibe,d in the Patent from
'the State. of California, to the C- tty of Petaluma, a Mun_ icipal
Corporation,: �datedl Mar. 2 1970 and :recorded April. 6, 1970, in
n
Book '2`453, of Official Hec'ords, ;Pages 771-173 Sonoma County and.
the POINT OF BEG.IINNING of the. herein de'tcTibed' parcel;, thence
leaving said •soi therly-r' qht-of-way along said westerly line
S 10001 - 03 "' W56.0. 70`; feet ' thvence S 09007 1 21" E
127.39 feet thence S' 61006116"' E 24,8.419 feet; thence
t; thee. WS 07018 ' 10 W130. 65 f ee
14.2.34 feet; thence,S 6704412711.W 100.44 feet; thence
S 50053' 43" , W 406.8`6 feet to the most east.er`ly point
described in that, Dee:d cecozded Oct. 5 :1.965, 'i,n 'Book 2160, of
,Official Records Page 56-2, Sonoma County; thence along: the
northeasterly line of said deed N 42034'0W 369.13 feet to
the most westerly po nt described in that Quitclaim Deed
recorded May 31,,, 19`168 in Book 2333, 'of Official Records
Page 819,, Sonoma County;; thence, along; the, northwesterly line of
said Quitclaim deed. N 300-5714411, E 554.14 feet; thence
leav`inq said northwe.ste,rly lane, S 41004"0W1 E 1121.55 feet,;
thence, S 03056'00" W 14.3.43 feet; thence S 8600100 'E
77.'00 feet; thence N 26612-53 E 1233' feet; thence
N 1504;2`115 E 93.94 feet. thence N' 05P09,-4011 E 140..00 feet;
thence N 10016' 45" E 278.00 feett';• 'thence N 1403.4;' 0011 `E
194.00 feet to ,a point on the above mentioned southerly
right -of -'way thence along said r1ght-of-way S 760551-12" E
30.00 fe,ea to the Point of B'eginnIng.
LAND DESCRIPTION
PARCEL 2
Being portions of the land d,esctibed in Grant Deed, No;. 9789
recorded Feb. 19. 1953 in Book` 1;1.8`9 of Offici;al Records,
page 3.05. Sonoma County, and Grant Deed No. 17:6.60,; recorded
Jan. '27; 19:56%i in Book .14,1,0 of Offic'i.,a.l Records, Page 4,5.1,
Sonoma County, and, being a porItion of the, Petaluma, Rancho in
T4.N `R7W, and TSN, 97W. M.D,B.&M. , more .part Icu1ar,ly d,e':s c,ri tied
a;s f o l,l ows
COMMENCING at- the easterly terminus, of that curve 'with an arc
length .of 185.9 `feet as described ,n that Deed t:o Northwest:er°n
Pacf i>c Rai•;lroad' Company, a corpor-.ation, recorded O:ct.., '2:4., 19,16
=in Book 345 of Deeds.. Page 266, S.onom'a, County, s,aoid point lying'
on th_e southerly, 'line of .the No.rthw.es,tern Pac f;i,c RaIDWAy
rvght-,of-way, ,said point' of °commencement be.inq ind; c'ated as
Point "C'i .on thalt Record of S'urve,y recorded: in Book 18,5 at Page
1"5: of Maps,,, Sonoma County; thence a.lo,ng said curve; to the left
with 'a rad ,us of 35i2.,20 feet„ said curve; also being de;s:cr, bed
m that I:nden;tur,e rrecor.d'ed. Oct.. 24, 1916, 'tn.Book; 345 o:f,
Ofnfic?i,aI Rec:or�d,s, p'a,ge Z66,. Sonoma County, through a ce:ntr°al-
ahgl.e, of 71014,10V 1 . an arc Iength of 418`. 91 'to the TRUE POINT'
OF BEGINNING of the: hexe`in, desc,r-Lbed pa.rce'l; thence ,lea;vin'g
.s;a'id curve..:S A;19'04.' 00" E 362.99 faee:t thence N 4805`6' Q0," E
2A.3 43 feet; S 41604100 E 221,.00 feet:;; thence
S 031)56' 00'" W 33 bO f.eet; therice S 48'056 1 00 W 83. 56 feet
thence S 410,04100" E 2.91.,06 feet;,;- thence N 48,056 0.0 'E
'9'1.0V feet:; thence S 86'004' 00" E' ,2t,i5:0 feet; thence.
S 410.4 00 ° " E 24.45 feet'*, to a, point on the no.rthwester;ly
line described' in that .Quitclaim ,,Deed; recorded. May 31;, '96e, i'n
Book 2.333 of O:ff.icial R;e;cords, Page, .8?1,9,, 'Sonoma .County, thence
along; .said, northwesterly line S 300571C8"' W 554. 1-4, tIeet to: a
point .on the northeasterly :line of the, Deed .r:eeoLded
Oct.. 5. 1965 in Book 2160 of Of°f is al. Records., Page 56,Z. ,Sonoma
County;, thence along said norlhe'st_exly .lime S 4Z034' 5'7° W
4.5.98; :.feet.; thence' -along, A curve to the r1;ght with, a r.a;d>ius of,
145.'00 feet fhr•ou'gh a central angle of 1705,E ''47° <f;or, an arc .
leng,t,h of 45.. 4-2 feet;; thence N 2,4038 1,10" w 696_ 54 feet;
thence along ,a curve :to the left with a radius of 255 00 f,eett
t.hrou;gh a central angle of 801,614711 for an ara length of`
16.,95; thence N 32054' 5T'I W 2 .4.09 feet; thence along: a curve,
to the righti with a radius of 145.06 feet through a centr:a,l
angle; of, 08`°161,47 for an arc len;g;th. of 20.95. feet; thence
N- 2403+8' 10" W 61.50 .feet to a, point on the above mentioned
curve, with a radius of 1.52 20 teett thence alon,q said curve : ,n
;a northeasterly direction from a t'aft ent which, be,a,rs
N 210'46' 06" E. thr-,ough :a eentla;l. angle of 09050' 40`,, for; an
arc length of 60.51 feet to 'the Point of . Beginning:.
END 'OF DESCRI'PTI'ON
'PREPARED BIU 1;, M.L.SRAFER,, SUPERVISOR.
�t
SECTION 4
GENERAL PROVISIONS
1. GENERAL
These provisions are. applicable to ali'leases, permits, rights -or -
way, easements, or licenses or other interests in real property con'-
veyed by the State Lands Commission.
CONSIDERATION
la► Categories
(1) Rental:
Lessee shall pay the annual -rental as stated in Section 1
or 2 to Lessor without deduction, delayor offset, on or before
the beginning date of this Lease and',on or befora ach anni-
versary of sits beginning date during each year of the Lease
term.
(2) Royalty or other consideration:
Lesseeshall pay`a royalty or other consideration in the
amount, method'and manneras specified in.Section 1 or 2.
(3) Non -:Monetary Consideration:
If a monetary rental, royalty, or other consideration is
notspecified,in Section 1 or 2, consideration to Lessor for this
Lease, shall be the public use benefit, health or safety,, as
appropriate, however Lessorshal'havethe right tareview.
such consideration at anytime and to seta monetary rental..if
the State Lands Commission, at its. sole :discretion, deter-
mines that such action; is in the best interest of the State.
Lessee shall notify Lessorrwithin ten, `(10)' days inthe event
that the public'is charged any direct or indirect fee for use and
enjoyment of the Lease Premises.
jb►. Modification
Lessor may`modifythe amount or,rate of consideration effec-
tive on each fifth; anniversary of the beginning dateof this Lease.
:Should Lessor fail to exercise such right _effective on any fifth
anniversary"it may do so effective on anyone (1) dthe next four(4)
anniversaries following'such fifth anniversary; without�prejudice
to its right to effect suchfmodificationonthe nextoranysucceed-
ing fifth anniversary: -Any modification of the amount or rate of
consideration made pursuant to this paragraph shall conform
to Title 2, Division 3 of the California Administrative Code and'no
'such modification shall'become effective unless'Lessea is given
written notice at least sixty (60j days prior to the effective date.
(c) Penalty and Interest
Any installments of rental, royalty, or other consideration
accruing under this Lease not paid when due shall be subject to a
penalty and shall bear interest. as specified in Public Resources
Code Section 6224"and Section 2.
3. BOUNDARIES
This Lease is not intended to establish theState's boundaries and
is made without prejudice to either' party regarding any boundary
claims which may be asserted,presentlyor in`the,future.
LAND USE
(a) General:
Lessee shall use'theLease Premises only for the purpose: or,
purposesfstated in Section 1 or, 2. and:only for the operation,and
maintenance:of'the, improvements authorized in Section 1 or 2.
Lessee ishall commence use of theLease Premises within ninety
(90) days of the beginnin0ate9f this'lease. Thereafter,Lessee's
discontmuancwof such use fora period of ninety(90) days shall
be conclusively presumed to benan abandonment.
(b) ;Repairs and Maintenance:
Lessee shall, at its own ,expense, keep and maintain the
Lease Premises and,all improvements in good order and repair
and safe condition.
(c) Additions,: Akerations. and Removal:
(1) Additions No improvements other than those ex-
pressly authorized in Section 1 ,or 2 of this Lease shall be con-
strutted by the 'Lessee on the Lease Premises without the
prior written consent of Lessor. Lessee shall notify Lessor
within ten (10) days after commencing the: construction of
authorized improvements and within sixtyi601 days after
completing them.
(2) Alteration or Removal —. Except as provided under this
Lease, no:alteration or removal.of existing improvements on
or natural features of the Lease Premises shall be undertaken
without the prior written consent of Lessor.
(d): Conservation;
'Lessee shall practice conservation of water and other natural
resources and shall prevent pollution and harm to the environ-
ment in or on the Lease Premises,
(a) 'Enjoyment:
Nothing in this Lease shall preclude. Lessee from excluding
persons from:the Lease Premisesiwhen their presence or activity
constitute a. material interference with Lessee's use and enjoy-
ment of!'the Lease. Premises as provided under this Lease.
(f) Discrimination:.
Lessee in.its use ofthe Lease Premises shall not discriminate
against+any person or class of persons on the basis of race, color,
creed, national,origin, sex; age, or physical handicap.
jg►: Residential Use:
Unless otherwise allowed under this Lease, improvements
on theLease:Premises shall not bevsed as a residence orfor the
purpose of mooring a floating ,residence.
5. RESERVATIONS, ENCUMBRANCES AND RIGHTS -OF -WAY
(a) Resenratiena
(1'), 'Lessor expressly reserves rall natural`resourcesinoron
the Lease Premises, 'including but not limited to oil, coal,
natural gas and other hydrocarbons, minerals, aggregates;
timber,and geothermal resources, as well as the right to grant
leases:.in'and over the Lease Premises for the extraction of
such natural resources; however such, leasing shall be
neither inconsistent nor incompatible with the rights or
priviieges;of Lessee under this Lease.
(2) Lessor expressly reserves a right to goon the Lease
Premises. and all improvements for any purpose, associated
with this Lease or forcarrying+out any function required by
law, or the.rules, regulations or management policies of the
StateLands.Commission. Lessor shall have a right of reason-
able access to the tease Premises across Lessee owned or
occupied ;lands:adjacent to the Lease Premises for any pur-
pose`associated with this Lease.
�. '.
. (3►' , Lesson} expressly reser.ves. to the public an easement
i x.
for .convenient access across the Lease Premises to other
State-owned' lands located near or :adjacent to the Lease
Premises and a right of reasonable passage across and along
any right-of-way granted by this Lease, however, such ease-
ment or right-of-way ,shall be neither inconsistent' nor in-
compatible, with the rights or privileges of Lessee under this
Lease.
(4) Lessor expressly reserves' the, right.to:lease, convey, or
encumber the Lease!Premises, in whole�or in part, durindthe
lease term for any purpose not inconsistent or incompatible
with the rights or privileges of Lessee under this Lease.
(b) Encumbrances:
This°Lease may be subject to pre-existing contracts, leases,
licenses, easements', encumbrances and claims and it is made
without warranty by Lessor of title, condition orfitness of the land
forthe stated or intended use.
Form 61.15 (7/84)
13. RESTORATION OF LEASE PREMISES
(a) Upon expiration or sooner termination. of ;this Lease, Lessor
rnay'accept alLor•any portiomof the Lease Premises, as then m-
proved with structures, buildings, pipelines, machinery,'fa6lities
and fills in ,place,- or Lessor may require _Lessee to ''remove all
or any portionof such improvements atitssole eiipense and risk;
or Lessor may itself. remove or have removed'all or any, portion of
such mprovements•'at Lessee's sole,expense..
(b) Imremoying any such improvements1esses shall;restorethe
Lease Premises asinearly as=possible to the:;conditions existing
prior to. their installation or.construction.,
(c) All such remcvatand restoration shafl,be to'dhe4atisfaction
of Lessor and shall be cornpletsd;within. nine ty (90) days of the,
expiration_. or, sooner termination of this Lease.
14. QUITCLAIMS
Lesseeshall, within' ninety (90) days,of the expiration or sooner
termination of this Lease, execute and deiver'to Lessor in a form
provcded_by Lessor'a good and sufficient release of allirightslunder his
Lease should';Lessee fa
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or r'efuse,to deliver such a:release,-a.written
notice by Lessor reciting: such faiture;or refusal.shall, from the date of
its ,-recordation, be conclusive=evidence against Lessee and allllother
claimantsiof the termination of th'is;.Lease and any rights or interests,
of Lessee in the Lease,Premisea.
15. HOLDINGwOVER
Any holding=over by Lesseeifter;the expiration of the Leese term,
with or without the�exprewor implied consent of Lessor, shall con-
stitute?_a tenancy from monthAo=month and -hot an extension -,of the
Lease -term and.shall'be on thelterms, convenants and conditionsiof
this Lease with" rental'.'royelty yr .other consideration :payable to .
advance; on the first day ,of -each month,, at the rate of one -twelfth
(1 /1`2th) of the annual amount.
1.6: ADDITIONAL PROVISI6NS
(a) ihae
(1) No term; covenantor condition of this .Less* and no
;defaultor;breach'of any such term, covenant or condition
wdeem
. covenant ...
+shall be deemed to have been wanred,,by Lessor's'acceptance.
of a lateror nonconforming,performance or -otherwise, unless
such a waiver is; expressly acknowledged by Lessor in
writing:,
STATE OF CALIFORNIA — STAMLANDS :COMMISSION
LEASE P.R'.C.. No:
(2) Any.such waiver shall not be deemed to be a waiver of
any otherterm, covenant or condition or`anyotherdefault or°
breach of any term, covenant or condition of th'is'Lease.
(b) Time:
Time is of,the essence of€this,Leasetiand -each -and all ofrits
terms, covenants`or condiiions`.in which oerformance is,w fn�rn.
(c) 'Notice;
AN notices required ,to be given under this Lease ,shall be
g i g,:sent by U,nrted States maifwith'postage prepaid,
rvan°cn wrrtin
to Lessor at the offices'of the State,Landis Commission :and :to
Lessee at"the address�spocified in Section 1.1essee,shailgive
Lessor notice of any-.change'in its name or address:
(d) Consent:
Where 'Lessor's, consent is ,required under this Lease its
consent for, one transaction or'event shall not be deemed tube a -
consent to;sny subsequerwoccurrence'of'the same or any°other
transaction or event.
(a) Changes::
This Lease'may be terminated and its. term, covenants and
conditions amended; revised.orSsupplemented bymut_ual _agree-
ment of, the parties:,
(f) Successors:
the terms; covenants and conditions; of this Lease shall
extendto and be'binding upon and Yinure;to the benefit of the heirs,
successors,; and assigns of c:�e,respect ive parties:and if more than
one'Lessee is;a,party to tINCLease; the obligations„of ihe:Lessees
shall be joint"and`several.
(g) Captions:
The 'captions of'this -Lease are not controlling, and shah, have.
no effect upon its construction orjnterpretation.t
(h) Swerability,:
detern i ed fo be'invalid,at shall be considered delefed andcially
If an term, covenant or condition of this Lease is judicially
- "shall
not ;invalidate any of the remaining terms; covenants and
conditions:
Thislease wilt become binding^upon thwState:only when,dulyexecuted,on behalf of thei$tafe Lands;Gommission of`
the State of„California;
IN WITNESS WHEREOF,, the, parties hereto have' executed thi6L, lease as of the date hereafter affixed..
LESSEE CITY QF, PGtALUMA
CITY CLERK
ACKNOWLEDGEMENT,
STATE OF CALIFORNIA
STATE LANDS COMMISSION
By:
Title
Date
The :issuance ofthis Iease.was authorized;by°the'State,
Lands Commision on.
(Montt; Day Year)!
Form 51.15(7/84.)
A B S.P i ?'0'i 5 7':; 7, 1 4 0
(.FR1 0 01. _8 11 �?
KCAL CSTATC OCVCIOPMENT
ANG INVESTMENT
VIA FACSIMILE
July 1, 1,988
Mr. John L. Scharer
City Manager
City of Pe,taluma
P.O. Box 61
Petaluma, CA 94953-0061
LrARFey L. WASEM
5e10 SKYLANC BOUIEVARO, SUITC 202
SANTA ROSA, CALIFOR'NIA 04403-108'3.
(7071 57a=5344
RE: Petaluma:Marins/State Lands Commission Lease
Duor Juhn:
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C00%eA: (707) 578-3140
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As we d;iscusse'd yesterday, the State Lands Conunission has agreed that we don't
have to.use the Lease.Quitclaim Deed that was sent to you under Mike Bancroft't
letter dated June 2.3, 1988.
Instead, please 'add'.the•following language to both execution originals of the
lease on Page 6, immediately following Paragraph 8:
119, PREVIOUS LEASE SUPERSEDED:
That certain lease designated'PRC 4048.9, entered into on.
March 26,, 1970., by and between the State -of California, acting
by and through the State, Lands Commission, as Lessor, and the
City.of Petaluma,, as Lessee, is expressly superseded by this
Lease."
After the proposed Lease is approved by you and the City Attorney, it should
be executed as quickly as possible and returned to the State Lands Conuuission.
Please note Mr. Bancroft''s instructions to have the signatures acknowledged and to
include payment of the first year's rentin the amount of $250,00, I will start
working soon to fix that problem,
Please don't hesitate to call if you have.any questions.
S i 11Cpr01Y,
Larry, L. Wasem I
Lw:inf
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