HomeMy WebLinkAboutOrdinance 1729 N.C.S. 07/18/1988ORDINANCE 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
i
ABSENT: Woolsey
MAYOR j/1....__..�
ATTEST:
CITY CLERK
ord . marina. lands/ LAW 13
Ord. 1729 NCS 2 of 2 + Exhibits
a
;TATE OF CALIFORNIA'
STATE LANOS'COMMISSION
FOR RECORDERS USE ONLY
RECORDED AT THE REQUEST OF
State of 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 - 13th Street
Sacramento, CA 95814
Attention: Title Unit
LEASE NO.
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 Provisj ons
SECTION 1
BASIC PROVISIONS
W 23761
The STATE OF CALIFORNIA, hereinafter referred to as Lessor,acting by and through the STATE LANDS
COMMISSION, J1807 - 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 AF PETALUMA
hereinafter referred to as Lessee:
WHOSE MAILING ADDRES'S IS: 11 English Street, P. O. Box 61
Petaluma,aCa.lifornia 94953-0061
those certain lands described in. 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 Petaluma, 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,vc,ub,ic yards of material to be disposed
at. the C ty of Pe,taluma's disposal site,,, . Co,unty of Sonoma's. landfill site,
or an approved United States Army Corps of Engineers disposal site.
TERM: Thirty (30) years; beginning,J-uly 1, 1,988 and ending June 30, 2018
unless sooner terminated as provided under this Lease.
�iIT
EX IB A
oRD:i72sHcs
CONSIDERATION:
1. For the period beginning July 1, 19'88 through June 10, 1991, the
annual rental., payable in adva'nce., shall 'be $250.
2. Fo,t the.,remaining balance of this lease beginning July 1,, 1991,
the Lessee agree's to. ;pay the minimum annual rent of $.6,52:2, o -r
seven percent (7%) of gross income, whichever 'is greate,r', to
Lessor without deduct°io,n„ delay or' offset, at such p.lac'e as. may be
designated by Le.ss;or from time to time, in aacoz.dance with the
schedule . as set forth ;herein. Any rental due which is in exces:s
of the minimum annual ,rental shall be due and payable o'n the same
day that the annual report i.s due., and payment s_hal,l accompany
such report,:
3. It is specifically a.gr,eed that in .the event of the texminat:ion of
this Lease prior to its ex;piratlon date from any cause whatsoeve.r.,
no portion of the minimum annual rental paid i -n advance_ shal=l be.
refundable.
4. DEFINITIONS,,:
(:a_) GROSS INCOME
"Gross Income", for the purpose of computing annual rental
due to the State Lands Commission, 'shaIl include, but', not
limited to:,
1. The sales price of any type of food and drinks sold by
.Lessee,, whether- for cash or credit.
Z. The: sales pr -;ice of al:l other goods, wares, merchandise
or products sold by L!9 see,, whether for, cash or credit..
'3. Coiamiss;io-n received nor earned from no,n-lessee owned
coin-operated vending machines or 'other ,devices, a°nd a1l
sums deposited in Lessee owned_ coin-operated vending_
machines or other devices.
4. The, cha-rges made by the: Lessee for the, berthing,
docking, mooring c°x l.aunch'ing of boats.
5. The,'char,g;es made by the Lessee for the, rental ofany
type of equ'i'pment or product, whether for cash or for'
credit.
6.; Any other income, whether for cash or, credit generated -
d'i-rectl.y. f r.,om, or o -n;, the leased area, by the Lessee l s
ope,r:a t i -o ns:.
5. ALLOWABLE REDUCTTONS TO' GROSS INCOME:
Gross income shallnot include any sales or excise taxes payable
by the Lessee to Fede141, Staten, ''County -or munic:i,p:al go.ver,nments as a
direct result of, o,peratio,ns under this Lea_se,, provided that thesetaxes
areclearly segregated and identified i.n the Lessee' s books and r,eco.rds .
=2=
A � t i r ti: bH � �. . Ui li i Y F
0
6. ALLOWABLEREDUCTIONS TO GROSS. SALES:
Gross sales may be reduced b:y'retunns and, allowances on the theory
that these "sa.les"- were never made, and, should not have been included
as part of the gross, sales, but gr.os:s income shall not be reduced by,
any other amount.
7. CASH:
"Cash" includes currency, coin, checks, and money orders.
8. CREDIT:
"Credit" includes credit card t'ransact,ions, and, those transactions
made on open account or .for any oral or written promise to pay.
9. REPORTS:
The Lessee shall submit, on: forms approved by the State Lands
Commission, an annual report de tailing 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 o_n 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'overe.d by the annual report, unless the Lessee has
received, in writing, permission from the State Lands Commission for
later submission', not to exceed ninety (90) days.
10. BOOKS AND RECORDS:
The Lessee shall maintain 'bo.oks and records of all financial
transactions relating to the Leased Premises in -accordance with
generally accepted accounting principles. These records shall be
supported by sour.ce documents such as agreements, with renters.,, copies
of invoices, receipts,, and other pertinent documents. If requested by
the -State, the Lessee shall allow representatives of the State 'Lands
Commission to examine co;p t s of Federal and State Income Tax Returns,
and Board of Equali=zation Tax Returns in order to corroborate
information shown,on reports to the State Landes 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 docuinents relating to the
operation of the Leased, Premi-ses at a=ll, reasonable times. Any
statutory or other right that the Lessee may have to object to such
inspection by the State Lands Commission are hereby waived.
The forego:inq is subject to modification by les'so.r., a:s. specified in
Paragraph 2(b) of Section 4.
AUTHOR -1 ZED IMPROVEMENTS: Maximum of 220 uncovered boat berths, launching
ramp-, restr.00.ms, har.bo:rmaster's office, and ancillary appurtenances
'inherent .t,o a marina operation; paved parking lot, riverbank breachment to
create a to
entrance channel and rip -rap placement. -
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[X] EXISTING: Boat launching ramp, paved parking area, restroom
facility and minor appurtenances thereto.
['X] TO BE CONSTRUCTED; CONSTRUCTION MUST BEGIN BY: 10/0.1/'8.8
A14D BE COMPLETED BY: 1G./01/,91
LIABILITY INSURANCE: $-2,000,000
SURETY BOND OR OTHER SECURITY: N/A
SECTION 2
SPECIAL PROVI'IONS
BEFORE THE 'EXECUT,ION OF THIS LEASE,. ITS .PROV>ISIONS ARE AMENDED, REVISED,
OR SUPPLEMENTED AS FOL'LOWS:
1. DEMOLTTI.ON OF EXISTING FACILIT,IES.:
Lesseeagrees to demolish. and remove all ex,ivt'ing improvements
stated in. Sect°ion 1 at: their sole expense a'nd- risk. Such improvements
are w1th`in the lease area of aeas,e PRC 4048.9 held by the City of
P'e.ta.luma wh1ch will be terminated and included as -,a part of this 1ea.se.
2. MARINA BASIN EXCAVATION:
(a) A 'royalty 'of. $0.25 per cubic yard shal-1 be paid for any dredged,
.material. sold or used f_`or private or commercial benef'it.. There
s3ha'.1.1 be no royalty charged f,or- materdal placed on tidelands or
'private lands dedicated to the public trust..
('b) I~t, is agreed that Lessee tbal.l submit copies, of reports or
contracts with the .dredging_ operator subs�tantiat.inq, the volume o.f
ma.ter-iahs dredged and any, royalties due to the C'ommiss�'ion on a
quarterly basis,, on forms supplied' by the Commission (Form. T .9).
Tt 'i -s agreed that. Lessee shall a:ubmkt said forms on or before the
fifteenth. ('15t.h,) dap of the month following the end. of each pe'rm'it
quarter, together with payment for the; royalty due. on the `volume
removed during that quarter. The fi°rst permit quarter sha,11. be
the first three months: following the ef_fecti've -date , of this
permit, and every three-month period thereafter shah be a permit
quarter;.
(c) It is ;furt`her, agreed that Lessee shall furnish the Comm=ission with
c-opLes. of, final surveys or copies of any other . computa,tio'ns. used
as, a basis to verify dredge. volumes within twenty-five (25) days
of completion of the activity atthor:ized hereunder'.
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3. MARLNA CONSTRUCTION:
(a) It is .understo.od that because implementa;tio.n of construction -is
dependent u,pon timeliness- of financing flor 'the ma.ri.na p'r.oject from
Department of Boating and Waterways-, the beginning date of
construction is deferred to allow amp.le time for the funds to be
d-isbursed.
(b) Lessee agrees to notify Les';sor, in writing., the date of marina -
construction completion within sixty (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 authorized to perform maintenace dredging of minerals,
other than, o1l, gas, and geothermal, from the area described. in
.this le.as.e, for. the purpose of maintaining navigable channels in
and around the lease prem'i.ses. The total volume of material
removed shall not. exceed a maximum of 13,000 cubic yards per year
of this lease,. This au•thor;i,zatio'n includes the, right to deposit
said material at United, States Army Corps of Engineers' disposal
sites or.. elsewhere .as_ directed by the District Engineer or other
lawful authority.
(.b) No royalties will be ass'es'sed on materials removed from the lease
,area-; provided that a royalty of $0.25 per cubic yard shall be
paid to the State fo;r any material placed on private or public
property and usedforany private or commercial benefit.
(c) In- the event Lessee does perform maintenance: dredging as
author.ized.by this paragraph, within one month of completion of
such dredg.in_g, Lessee s -hall submit a report to Lessor,
substantia-tingthe volume, of materials, dredged and .any royalties
due Lessor-, on forms provided by Lessor (Form 30.9).
5. MARINA' -S ''MEMBERSHIP FACILITIES:
The marina authorized by this lease i;s to. be; open and available to
the general public consistent with Lesse,e's rules and operating
procedures. Boat berths, shall be available to renters on a first-come,
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first-served basis. No member of the public shall be refused. 'an
opportunity 'to ,use or rent a slip on the basis .of no;n=membership in any
cau,b, a.ssocia°tion, or other such organization €`o_rmed for use of the
lease premises in conjunction with adjacent uplands. Conver.s:ion. of the
marina, facilities .authorized, by this- lease to, f.acili;ties available only,
to members of; a club, assocda,t.i.on, or other su.c'h or,ganizration shall
requ=ire prior written approval of Le-ssor.
6.. MARINA ASS,IGNMENT ENCUMBRANCING OR SUBLETT°ING.:
Lessor hereby con'5en.t.s to Le,s'see�'s_ subletting of a.11 or any
;portion of the lease premises, for berthing or-moOting' purposes in
conjunction with normal commercial marina subleasing practices for
terms. 'of one () year or less.
7'. RIGHT TO. EXTEND CLAUSE:
(a) At the, expiration of this lease, Lessee shall have the; r;gh;t to
extend its lease fosr on`e., add;it.ional period of ten 1('10) years fo.r
such rental-, and aecosr;d:iing- to such other terms, covenants, and
conditions, as negotiated between the parties to this lease.
Lessee shall give written notice! of the exercise of s,uc;4 right, to.
Lessor- at, least six' (6) moriths prior to the expiration o.f the
lea,s'e term and f.ailur.e, to give such notice shall constitu'.te: a.
waiver; of ' such right,. I"t -'is. the intent of the parties that Les;s'or
shall lease and that Lessee shall not be 'in a trespass or holdover
status as to the lease premises after, the expiration of this,
lease., but rather.. that a; duly autho,rized and executed l.ease .shall
exist between the parties .f.ol,lowi-ng the expiration of this lease.
(b) In the event the parties to this agreement' cannot, agree on such
reasonable terms, covenants, and conditions f;or.. extending this
lease, L.e'ssar or Less`ee may elect to te.r.minate this agreement. If:
such termination occurs, Lessee shall re1eas'e3 its rights, under
this lease, "as provided for elsewhere in, vh-is l.eas,e.
8. RE,S.T.ORATI.ON' OF 'L'EASE PREMISES:
I.t, is
understood
and agi,eed
"between. Lessor and Lessee. th_�at
Paragr-;a;ph .13
of Section
4. excludes
the requirement thaat Lessee refill
and, res'tar,e
the ;marina
basin to,
its origins"1 c.ond.it.ion prior to
excavation.
All other
requirements
shall remain in full force and
effect.
9. PREVIOUS. -'LEASE SUPERSEDED:
That certain lease designated PRC 4048.9.,, 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.
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SF'CTr. ()N 3
LAND DESCRIPTION
PARCEL 1
Being portions of the land desc'ri,bed 141 Grant Deed No. 9789
recorded Feb. 19, 1953' in Book 1,18,9 of; -Official- Records,
page 305.,Sonoma County, and Grant Deed' No. 17660, recorded
Jan. 27, 1956, in Book 1410 o:f-Off icial'Records, [Wage 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'a.t the easterly ter,m1nus of the curve with an arc
length of 78,5.9 feet, a's described in that Deed to Norttiwestern
Pacific Railroad 'Company._ a corpora'tlo:n, recorded Oct. 24, 1916
in Book 345 o,f Deeds, page 2+66. 'Sonoma County-, said point lying
on the southerly -line of the Northwest•.ern Pacific Railway
right-of-way, said point, of c.ommencemem,t being in'di;cated as
Point "C" on ghat Record of Survey Rec,arded in Book 185 at
page 15 of- Map',s,. Sonoma County; thence southeasterly ,on a
tangent to said curve and al-onq the, 'sou'therly line of the
Nor'thwe,s,tern Pacific Railway rlgh;t-of-way S 76059112" E
785.10"f:eet to 'a point of intersection with the westerly line
of Parcel 2 of that .certain real property s'itua'te in the County
of Sonoma. State of C'aliforn1a, descr"ibe.d in the Patent from
'the State. of California, to the C-i`ty of Petaluma, a Municipal
Corporation: dated) Mar. 2,, 1,970,, and recorded April. 6, 1,970, in
Book 2453, of Official Hecords.,Pages 771-773 Sonoma County and.
the POINT OF BEGPNNTNG' of the. herein described parcel; thence
leaving said •s.o,utherly -r1ght-of-way along said westerly line
S 10001-0311 W 560:70•; feet thence S 0:900712111 E
127.39 feet; thence S 610061-16" E 24,8.429 feet; thence
S 076.18-10-- W 130.6,5 fee+t•.; thence. S 540'52152-01 W
14.2.34 feet; thence .S 67044'27".W 100.44 feet; thence
S 50053143111W 40.6.8'6 feet to the most easterly point
described in that Deed r,ec.orded Oct. 5 .1965, 'in'Book 2160, of
Official Records Paige 56-2, Sonoma County; thence along the
northeasterly line of said deed, N 42034-5711 W 369.13 feet to
the mos�t westerly point described in that Quitclaim. Deed
recorded May 11., 19168 in Book 2333, of Off`i,cial Records
Page 819,. Sonosia County; thence, along; the, northwesterly line of
said Quitclaim deed. N 3005714811,E 5.54.14 feet; thence
leaving said northwe.sterl.y line, S 410'0410W1 E 121.55 feet,;
thence. S 03056'00" W 143.43 feet; thence S 86004100--Z
77.100 feet; thence N 26012' 53 E 123. 30 feet; thence
N 15042"15" 'E 91.94 feet. thence N 05009-'40" E 140.00 feet:
thence N 1001614.511 E 278.00 feet;•'thence N 14'03.4;10011''E
19,5.00 feet t -o a point on the above mentioned southerly
right-of-way thence along said right-of-way S 760591-12" E
30.00 fe,e,t to the Point of Beginning.
LAND DESCRIPTION
PARCEL 2
Being portions of the land described in Grant Deed, No;. 9789
recorded Feb. 19, 19.53 in 'Book 11.89 a,f Off ic'i,a1_ '.Records,
page 305, Sonoma. County, and Grant Deed No. 17.660, recorded
Jan. '2.7; 1'956.; in Bo.o;k 14.1:0 of 'Offici.,a1 Records, Page 4,51,
Sonoma County, and, being a 'por,ti,on of the, Petaluma Rancho in
T4N, `R7W, and TbN, 97W. MA).8.&M., mare ,parti:cu1a,r.ly de;sc,rib�ed
as f o l lows
COI4MENCING at- the easterly terminus of that curve 'with an arc
length ;of 785.9 'fee't,. as described in thaa Deed to Northwestern
Pacf is RaLlroad Company, a co.rpo,r-.ation., recorded O.c:t.. '24.. 19,16'
in Book 345 of Deeds.. Page 266, S,onom'a, County, s.add point lying
on the southerly 'lime of the Northwestern Pac:iflc RaADWA;y
right -of -.way,. ;said point of commencement bed,,ng 1,hdAc'ated as
Point 11& ,o`n tha''t Record of Surve'Y recorded: in Book 18.5 at Page
1"5. of Maps., Sonoma Co,unty;; thence along 'said curve; 't.o Ithe left
with 'a rad:-iu's of 352..20 feet.,, said curve, also `be-ing described
.in that I.ndent:ure recorded Oct.. 24, 1916 i,n;Book, 345 of'
Official ,R;ecor�,d,s, page 2:66,. 'Sonoma County, t.hroug;h a ce:n,ttal-
ahgle, of 71024' 0VI . an arc 1e-ngth o:f 438`. 91 'to the TRUE POINT
OF BEGINNING of the he:re`in, desc,ri.bed parcel; thence ,leaving
,s.a°id curv6. S 4.1904' 00" E 362. 99 f*e<t; thence N 4.805'6_ ' 00,'1 E
203..43 feet; S 41004100" E 22.1.:00 feet:;; thence
S 030'56' 0&11 W 33 .00 f.e,et thence S 4056 1 00" W _83. 50 Beet;
thence S 4.10,04:' 0011 E, 2.91.,00 feet,;- thence N 48,056 1 0.0" E
00' feet:; thence S. 86,004' 00" E ,;28..50 feet; thence.
S 4100.41,00" E _24.45 feet; to a, point on, the no.rthwester;ly
line desc;ri'bed' in that .Quit.claim DDeedl recorded. May 31„ 1968, in
Book 2.333 of Official R;e,cords, Page, .81,9,. 'Sonoma County, thence
along :said, northwesterly line S 30057 1 tt" W 554,.:14 feet to. ,a
point ,on the northeasterly line of the. Deed .r:ecorded
Oct. 5. 1965 in Book 216,0 of O€;f,ic`ial Records,,, Page 562;, ,Sonoma
County;, thence along said northeasterly .lime S 42-03415711 W
4.5.98; :.feet,; thence -along a curve to, the right wit,h, a r.ad.ius of
145.00 feet through a central angle of 1705,6'471". f;or, an arc .
length of 45:.42 feet,; thence N -2,40381.10" W' 696.4 €,e.e,t; -
then_ce along ,a curve .to the left with a radius of 25.5,00, feet
through a central angle of 801614711 for an arc, length of
36.,8'5; thence N 32054157", W 21,4.09 feet; thence along a curve,
to the right with a radius of- 14,5.00 feet through a central
angle; of, 08`01614711 for an arc len,g,th. of, 20.95 feet; thence
N -24038.110"'W 67: 50.f,eet to a, point .on the above mentioned
,curve, with a radius o.f 352.20 teett °thence al,onq said curve :in
,a nort'heas erly dlr,ec,tion from a tangent which, bears
N 2104,61001' E. through a central. angle. of 0905014.0" for an
arc length of 60.51 'feet to the P,oin't of . Beginning..
END 'OF DESCRIPTION
PREPARED BIU '1,, M.L. SRAFER,, SUP.ERVI'SOR.
SECTION 4
GENERAL PROVISIONS
1. GENERAL
These provisions are applicable to all leases, permits, rights -or -
way, easements, or licenses or other interests in real property con-
veyed by the State Lands Commission.
2. CONSIDERATION
(a) Categories
(1) Rental:
Lessee shall pay the annual rental as stated in Section 1
or 2 to Lessor without deduction;, delay oroff set, on or before
the beginning date of this Lease.and,on or beforeeach anni-
versaryof its beginning date during each year of the Lease
term.
(2) Royalty or other consideration:
Lessee:shall pay a royalty or other consideration in the
amount, method and manner as specified in.Section 1 or 2.
(3) Non -Monetary Consideration:
If a monetary rental, royalty, or other consideration is
not specified,in Section 1 or 2, consideration to Lessor for this
Lease, shall be the public use, benefit, health or safety,, as
appropriate, however ,Lessor shell have the right to review
such consideration at any time and to set's monetary rentai.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 in the event
that the public is charged any director indirect fee for use and
enjoyment of the Lease Premises.
(b). Modification
Lessor may modify the 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 any one (,t) of the next four
anniversaries following such fifth anniversary, without�prejudice
to its right,to effect suh,modification on the next or any succeed-
ing fifth anniversary.- I 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'Lessee is given
written notice at least sixty (60) 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 the State's boundaries and
is made without prejudice to either party regarding any boundary
claims which may be asserted presently or in the future.
4. LAND USE
(a) General:
Lessee shall use•the.Lease Premises only for the purpose or
purposes+stated in Section 1 or 2 and:only for the "operation,and
maintenance of 'the, improvements authorized in Section 1 or 2.
Lessee shall commence use of the Lease Premises within ninety
(90) days of the beginning date of this,lease. Thereafter l-essee's
discontinuance of such use fora period of ninety (90) days shall
be conclusively presumed to bean 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: end Removal:
(1) Additions — No improvements other than those ex -
pressly authorized in Section 1 or 2 of this Lease shall be con-
structed 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 sixty(60) 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,
(e). Enjoyment:
Nothing in this Lease shall preclude. Lessee from excluding
persons from.the Lease Premises,when 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 of the 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 beused as a residence or for the
purpose of'mooring a floating residence.
5. RESERVATIONS, ENCUMBRANCES AND RIGHTS-OF-WAY
(a) 'Reservations:
(1), 'Lessor expressly reserves all natural -resources in or on
the Lease Premises, including but not limited to oil, coal,
natural gas and other hydrocarbons, minerals, aggregates,
timberand 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
privileges,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 for carrying 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 Lease Premises across Lessee owned or
occupied lands adjacent to the Lease Premises for any pur-
pose associated with this Lease.
(3)' . Lessoij6pressly `reseHes to the public an easement
for.convenient access across the Lease Premises to other
State-owned' lands located near or adjacent to the Lease
Premises and a.rightof 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 LeaseiPremises, in whole'or in part, during the
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 or fitness of the land
for the stated or intended use.
Form 51.15 (7/84)
13. RESTORATION OF LEASE PREMISES
(a) Upon expiration or sooner terminationof<this Lease, Lessor
may'accept all.or-any portion,of the Lesse Promises, as then im-
proved with structures, buildings; pipelines, machinery, facilities
and fills in place; or Lessor may require Lessee to ;remove all
or any portionof sucKimprovements atitssole expense and risk;
or. Lessor may itself. remove or,have removed'4ll or'any,portion of
such'improvementsxat Lessee's sole rexpense.
(b) Imremoving any,such improvementsLessee shall restore the
Lease`Premises asinearly asepossible to thew conditions existing
prior to their installation or, construction.
(c) All such removal and restoration shall, be tothe satisfaction
of Lessor and shall be completed,within.ninety (90) days of the
expiration or sooner: termination of this Lease.
14. QUITCLAIM
Lessee, shall, within ninety (90) days of the expiration or sooner
termination of this Lease, execute and, deliver to Lessor in a form
provided byLessor a good'and,sufficient release of alFrighlsunder this
Lease:.;Shoutiiiessee fail or refuse,to deliver such a release, a written
notice by Lessor reciting such faiiure;or refusal.shall, from the date of
its recordation, be conciusive-evidence against Lessee and alPother
claimants„of the termination of this Lease and any rights or interests
of Lessee'fn the, Lease.Premises.
15. HOLDINO=AVER
Any ho.1ding=over by Lessee;afterthe expiration of the.Leaaeterm,
with or without the,expFess or implied consent of Lessor, shall con-
stitute',_a tenancy from moiith,to. month4rid,hot. an extension.ofthe
Lease -term and.shail be on the,terms, convenants and conditions+of
this Lease with rental,.'royalty,dr .other consideration.payable in
advance; on the first day.of.each month,, at the rate of one•ilweHth
(1•f 12th) of the -annual amount.
"1,f}:; ADDITIONAL PROVISIONS
{a} Woirar:
0) No term, covenant or condition of this.Lease and no
default or ?braech of .any such term, covenant or condition
,shall be deemed io:have:been waived,;by lessor's acceptance
of a late or nonconforming perforrrtanceioroiherwise, unless
such a waiver is, expressly acknowledged by Lessor in
writing.
STATE OF CALIFORNIA — STATE! LANDS .COlab MISSION
LEASE-P.R.C. No
(2) Any such waiver shall not bo deemed to be a waiver`of
any otherterm, covenant or condition or any otherdefaultor
breach of any term, covenant or condition of this lease.
(b) Time:
Time is of ther essence of :this', Lease.±and.each-and all of its
terms, covenants or conditions,"in which performance is,a factor.
(c) Notice:
Al( notices required ,to be°given under this Lease ,shall be
given1n,writing, ;sent by United States mail'with'postage prepaid,
to Lessor at the offices of the State Lands Commission 'and to
Lessee st the address specified in Section 1.1essee'shall give
Lessor notice of any- .change in its name or address; '
(d) Consent:
Where 'Lessor's, consent is '.required under this Lease_ ita
consent for one transaction or event shall not be deemed to be a
consent many subsequent occurrence of the same or any other
transaction or event.
(e) Changes:.
This Lease me* be terminated and its term, covenants and
conditions.ameridod, revised;or"supplemented bymutual agree-
ment of, the parties:
(f) Successors:
The terms; covenants and conditions,' of this Lease shall
extend to and be binding upon and inure,to the benefit of the heirs,
successors, and'assigns of ine,respective parties and if more than
one Lessee is;a,partyto this.Lease,the obligations, of ihe'Lessees
shalt be joint and`several.
(g) Captions: `
The •captions of' this !Lease are not controlling, and shall, have
no effect upon its construction or;interpretation.,
(h) Sevwpbility
if any term, covenant or condition,of this Lease is judicially
deterrnined to be`invalid„ it shall be considered deleted land shall
not .invalidate arty of the remaining terms; covenants and
conditions.
This lease' will become binding,upon the'State only when,dulyexecuted,on behalf of Chef$tate Lands:Commission of
the State of„California;
IN WITNESS WHEREOF„ thepllirties hereto have, executed this lease as of the date hereafter affixed..
LESSEE CiTY QF:? PETALUAAA
WY MAMG
ZOKI
CITY CLERK
ACKNOWLEDGEMENT,
STATE OF' CALIFORNIA
STATE LANDS COMMISSION
By:
Title
Data
The .issuance of'this lease.was authorized by,'the'Statd,
Lands Commision on'.
(Month Day Year)
Form 51..15 (71841
F PC) P1 A 6 6 P ''0 5 4,1
(F R 1 )07 0 111
LARRY L. WASE:M
5510 SKYL.ANC DOULEVARO, suiTc aoa
SANTA ROSA, CAL-1F(:)RN1A 0+5403-108'3
(7071 578=531+4
KCAL CSTATC DEVELOPMENT
AND INVESTMENT
VIA FACSIMILE
July 1, 1988
Mr. John L. Scharer
City Manager
City of Petaluma
P.O. Box 61
Petaluma, CA 94953-0061
RE: Petaluma Marina/State Lands Commission Lease
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17073 578-3140
71.rl-?y-,
As we discussed yesterday, the State Lands Commission has agreed that we don't
have touse the Lease Quitclaim Deed that was sent to you under Mike -Bancroft't
letter dated June 21, 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 19-M, 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."
Aft ' er 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 Connission.
Please note Mr. Bancroft`s instructions to have the signatures acknowledged and to
inc ' lude Payment of the first year's rent'in the amount of $250.00. 1 will start
working soon to fix that problem,
'Please don't hesitate to call if you have.any questions.
S i IlccCd Ly,
Larry L. Was -em
LLW: m f