Existing Fire Station Lease — Cotati City Council, January 27, 2026

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LEASE
and between the dity de cotat corporatilon, 1989, by
Distinct he rained i called and te and the Cotati Fire Protection

RECITALS
WHEREAS, LESSOR and LESSEE are parties to an existing lease which commenced on April I, 1965, and terminates on March 31, 2015.

WHEREAS, LESSEE desires to enter into a new lease agreement to extend the term of its leasehold rights to lease the subject premises until March 31, 2039.

WHEREAS, LESSEE desires to construct certain improvements and additions to the leased premises.

WHEREAS, LESSOR agrees to extend the lease term and to
consent to certain improvements being installed on the premises by LESSEE.
• NOW, THEREFORE, the parties agree as follows:

AGREEMENT
LESSOR leases to LESSEE and LESSEE hires from LESSOR
the premises hereafter described under the following terus and conditions.

1. Premises.

The "premises" are described in Exhibit "A" attached
hereto and incorporated by this reference.

2. Term of Lease.

The term of this Lease is fifty (50) calendar years,
beginning on April 1, 1989, and ending at midnight on March 31, Zois Luness extended or sooner terminated as provided for in

3. Restated Lease.

This Lease supersedes that Lease entered into by and between the parties pertinent to the premises on April 1, 1965. This Lease restates and memorializes all of the terms and conditions under which LESSOR leases the premises to LESSEE.
1202CK August 18, 1989
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4. Rent.

For each year of this Lease, LESSEE shall pay to the LESSOR, in advance on the first day of each year beginning on April 1, 1989, the amount of ONE DOLLAR ($1.00).

5. Use.

LESSEE shall use the premises for a fire station
plus the storage of materials ana equipment related to that activity and shall not use or permit the prenises to be used for any other purpose without the prior written consent of LESSOR.

LESSEE shall not do or permit anything to be done in or about the premises nor bring or keep anything therein which will in any way Increase the existing rate of or affect any fire or other insurance upon the premises or any of its contents, or cause cancellation of any insurance policy covering said premises or any part thereof or any of its contents. LESSEE shall not use or allow the premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall LESSEE cause, maintain or permit any nuisance in, on or about the premises. LESSEE shall not conmit or suffer to be committed any waste in or upon the premises.

B. Except for oils and solvents used and stored in
the normal operation and maintenance of Lessee's equipment and property, neither Lessee nor, to the best of Lessee's knowledge (atter due and diligent inquiry), any third party may use, generate, manufacture, produce, store or dispose of, on, under or bout the premises or transport to or from the premises anv flammable explosives, asbestos, radioactive materials, hazardous waste, toxic substances ox related injurious materials, whether injurious by themselves or in combination with other materials (collectively called "hazardous materials"). For the purpose of this agreement, "hazardous materials" shall include, but not be limited to, substances defined as "hazardous substances", "hazardous materials" or "toxic substances" in federal and/or state law.

6. Compliance with Law.

Pegulations or regionan TA 0 in a cares with
be in force, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition, use or 1202CK August 18, 1989
2 occupancy of the premises, including structural changes not related to or affected by LESSEE'S improvements or acts. The Judgment of any court of competent jurisdiction or the admission of LESSEE in any action against LESSEE, whether LESSOR be a party thereto or not, that LESSEt has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between the LESSOR and LESSEE.

7. Alterations and Additions.

LESSEE shall not wake or suffer to be made any alterations, additions or improvements to or of the premises or any part thereof without the written consent of LESSOR first had and obtained and any alterations, additions or improvements to or of said premises shall on the expiration of the term become a part and beiong to the tESSOR a of the realty and belong to the LESSOR and shall be surrendered In the event LESSOR consents to the making of
any alterations, additions or improvements to the premises by LESSEE, the same shall be made by LESSEE at LESSEE'S sole cost ana expense, and any contractor or person selected by LESSEE to make the same must first be approved of in writing by the LESSOR.

Upon the expiration or sooner termination of the term hereof, LESSEE shall, upon written demand by LESSOR, given at least days prior to the end of the term, at LESSEE'S sole
forthwith and with all due diligence remove any
alterations, additions, or improvements made by LESSEE, designated by LESSOR to be removed, and LESSEE shall, forthwith and with all due diligence at its sole cost and expense, repair any damage to the premises caused by such removal.

8. other Rights Reserved.

All oil, gas, and mineral rights are expressly reserved from this Lease.

9. Improvements.
from time to time, during the term of
otherwise make nay aprovesente on any part or al of End 0t condition or provision of this Lease and provided the
improvements following the work are at least equal in value to any improvements as they were before being demolished, removed, replaced, altered, relocated, reconstructed, modified or changed. 1202CK August 18, 1989
3 All work shall be performed in a good and
workmanlike manner, shall substantially comply with plans and specifications submitted to LESSOR as required by this Lease, and shall comply with all applicable governmental permits, laws, ordinances and regulations. Upon completion, said addition shall become part of the premises and be subject to this Lease.

Conditions of Malor Construction. Before any major
work of construction, alteration, or repair (as defined in Paragraph 9 (N)) Is commenced on the premises, and before any building materials have been delivered to the premises by LESSEE or under LESSEE'S authority, LESSEE shall comply with all the following conditions or procure LESSOR'S written waiver of the condition or conditions specified in the waiver:
(1) Deliver to LESSOR for LESSOR'S approval two (2) sets of preliminary construction plans and specifications
prepared by an architect or engineer licensed to
practice as such in the state of California, all
sufficient to enable potential contractors and
subcontractors to make reasonably accurate bid
estimates and to enable LESSOR to make an informed
judgment about the design and quality of construction
and about any effect on the reversion. All
improvements shall be constructed within the exterior
property lines of the premises; provided that
required work beyond the premises on utilities,
access, and conditional use requirements do not
violate this provision. With the plans, LESSEE shall
deliver to LESSOR the certificate of the person or
persons who prepared the plans and specifications
certifying that LESSEE has fully paid for them or
waiving payment and waiving any right to a lien for
! preparing them.
(2) LESSOR shall not unreasonably disapprove preliminary plans and specifications. Approval or disapproval
notices, and disapproval shall be accompanied by
specification of the grounds for disapproval.

LESSEE shall not deliver working drawings to any
governmental body for a building permit until
preliminary plans are approved as in this paragraph.

Following LESSOR'S first or any subsequent
disapproval, LESSEE may elect (I) to submit revised
plans and specifications or (2) to give notice
twenty (20) days of the date LESSEE mails or serves
notice of his contest of reasonableness. Disapproval
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and election to submit revised plans and
specifications shall not extend time for completing
construction.
(3) Deliver to LESSOR the written approval of the plans ind specifications by the financial institution tha'
hall have made the conmitment for financing thi
(4) LESSEE shall prepare final working plans and
specifications substantially conforming to
preliminary plans previously approved by LESSOR, anc
deliver to LESSOR one complete set as approved by the
Changes from the preliminary plans shall be
o2 the Let 502
of the LESSOR or official in connection with the
application for permit or approval, and if they do
not depart substantially in size, utility, or value
from the minimum requirements of the work required to
construct the improvements.
(5) Notify LESSOR Of LESSEE'S intention to commence a
work of improvement at least ten (10) days before
commencement of any such work or delivery of any
materials. The notice shall specify the approximate
location and nature of the intended improvements.

LESSOR shall have the right to post and maintain on
the premises any notices of non-responsibility
provided for under applicable law, and to inspect the
premises in relation to the construction at all
reasonable times.
(6) Furnish LESSOR with a true copy of LESSEE'S contract with the general contractor and with evidence of the
general contractor's financial condition for LESSOR'S
approval. The contract shall give LESSOR the right
but not the obligation to assume LESSEE'S obligations
and rights under that contract if LESSEE should
LESSOR may disapprove of the contractor and/or the
contract by notice given within ten (10) days
following delivery of the copy of the contract. The
notice shall specify the grounds for disapproval.

LESSOR shall not unreasonably disapprove and shall be
considered to have approved in the absence of notice
of disapproval given within ten (10) days after
LESSEE furnishes the contract and evidence specified
above. If LESSEE elects to act as general
1202CK August 18, 1989
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contractor, the reference above to contractor and
evidence shall be considered to apply to the
subcontractor of each subcontract in excess of
$3,500.00.
(7) Deliver to LESSOR true copies of all documents to
evidence the commitment of financing for any new
construction. "Financing" includes both the
construction (or interim) financing and the take- out
(also called permanent or long-term) loan. LESSOR
may require by notice that no construction commence
until the take-out financing is firmly conmitted but
may disapprove the financing only if it violates an
express provision of this Lease.
(8) LESSOR shall have the right but not the obligation to assume LESSEE'S financing for any improvements on the
premises. LESSEE shall cause the lender to execute
all documentation facilitative of this right.

LESSOR'S exercise of this right shall not constitute
a waiver of any other right LESSOR may have against
LESSEE, any surety or guarantor, or anyone else.
(9) Furnish LESSOR payment and performance bonds as
described below after LESSEE has complied with all
the foregoing conditions of major construction. the
bonds shall be that of a responsible surety company, i Tensed to do licensed to do business in California, in an amount
not less than 100% of the estimated cost of the
improvement and shall remain in effect until the
entire cost of the work shall have been paid in full
and the new improvements shall have been insured as
provided in this Lease. The bonds shall be in the
form attached hereto as Exhibit "C".
(10) LESSOR shall have the right to approve of the method of disbursing the construction loan funds during the
period of construction, if applicable.
evidencing coverage for "builder's risk, " (2)
evidence of worker's compensation Insurance covering
LESSEE shall
1202CK August 18, 1989
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maintain, keep in force, and pay all premiums
required to maintain and keep in force all insurance
above at aul times during which such work is in
progress.
(12) The provision to the City of all necessary permits from all governmental agencies having jurisdiction
over the work of improvement.

D. Plans Already Approved. The Parties acknowledge that LESSEE has already submitted to the LESSOR certain elevations and other preliminary site plans dated January I1, 1989 and prepared by Avila Enterprises consisting of 7 number of sheets.
which are maintained by the missor direct of planning, pans, already been approved by LESSOR. such approval, however, does not relleve LESSEE of the responsibility of complying with paragraph 9 (C) -
Conditions of Premises. LESSOR makes no covenants or
warranties respecting the condition of the soil, subsoil, the improvements thereon or any other condition of the premises. to the prentic a LESSEE may enter onto the premises to make structural engineering tests that LESSEE considers necessary. All such tests made by or on behalf of LESSEE shall be at LESSEE'S sole expense and shall be evidenced by a separate contract. A copy of any such report shall be delivered to ance sent i the eth LESSOR
F. LESSEE's Right to Grant Easements. LESSOR grants to
LEsSEE the right to grant ta public entities or public service corporations, for the purpose of serving only the premises, rights of way or easements on or over the premises for poles or conduits or both for telephone, electricity, water, sanitary or storm sewers or both, and for other utilities and municipal or special district services. Grants made under the authority of this provisions shall be Iinited to the period of time required to complete construction.

G. Protection of LESSOR Against Cost or Claim. LESSEE
shall pay or cause to be paid the total cost and expense of all works of Improvement, as that phrase is defined in the Mechanics' Lien Law in effect at the place of construction when the work begins. No such payment shall be construed as rent. LESSEE shall not suffer or permit to be enforced against the premises or any part of it any mechanic's, materialman's, contractor's, or subcontractor's lien arising from any work of improvement, however it may arise. However, LESSEE may in good faith and at LESSEE'S own expense contest the validity of any such asserted lien, claim, or demand, provided LESSEE has furnished the bond required in California Civil Code Section 3143 (or any comparable statute hereafter enacted for providing a bond freeing the premises fron the effect of a lien claim).
1202CK August 18, 1989
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Liability and loss of any type arising out of work performed on the premises by LESSEE, together with reasonable attorney's fees and all costs and expenses incurred by LESSOR in negotiating, settling, defending, or otherwise protecting against such claims.

LESSEE shall reimburse LESSOR for all sums paid by
LESSOR under this paragraph, together with all LESSOR's reasonable attorney's fees and costs, plus interest on those sums, fees, and costs at the rate of twelve percent (12%) per year from the date of payment until the date of reimbursement.

Notice of Completion. On completion of any
substantial work of Improvement during the term, LESSEE shall file or cause to be filed a notice of completion. LESSEE hereby appoints LESSOR as LESSEE'S attorney-in-fact to file the notice of completion on IESSEE'S failure to do so after the work of improvement has been substantially completed.

Notice of Change in Plans. On completion of any work
of improvement, LESSEE shall give LESSOR notice of all changes in plans or specifications made during the course of the work. acknowledges that it is common practice in the construction industry to make numerous changes during the course of construction on substantial projects. Changes that do not substantially alter plans and specifications previously approved by LESSOR do not constitute a breach of LESSEE'S obligations.

Notice of Take-Out (Permanent) Financing. LESSEE
shall promptly deliver to LESSOR:
(1) Evidence that the supplier of any construction :

Iinancing has accepted or approved of the
completed Improvements; and
(2) Evidence that the take-out (permanent) financing
has been recorded and the funds properly
disbursed, together with copies of the note and
the encumbrance securing it.
ownership of New Improvements During Term. All
improvements constructed on the premises by LESSEE as permitted by this Paragraph 9 shall be owned by LESSEE until the termination of prenian except a ported by end ta any pro anne on
Ownership at Termination. All improvements
constructed on the premises by LESSEE as permitted by Paragraph 9, at that, woe out cose at to for are become tons property
1202CK August 18, 1989
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iree and clear of all Claims to or against them by LESSEE or any third person, and IESSEE shall defend and indemnify LESSOR against all liability and loss arising from such clains or from LESSOR'S exercise ot the rights conierred by this paragraph.

Diligent Prosecution to Completion. Once the work
has begun, LESSEE shall with reasonable diligence prosecute to completion all construction of Improvements, additions, or alterations. All work shall be performed in a good and workperson- like manner, shall substantially conply with plans and specifications submitted to LESSOR as required by this Lease, and shall comply with all applicable governmental permits, laws, ordinances and regulations.

N. Major and Minor Repairs Distinguished. LESSOR'S
approval is not required for LESSEE's minor repairs, alterations, or additions. "Minor" means construction costs not exceeding THREE THOUSAND DOLLARS ($3,000.00), none of which is derived from funds advanced on the security of an encumbrance on the leasehold or the property. "Construction costs" includes the cost of labor, materials, and reasonable profit to general contractor and subcontractors, engineering and design costs, testing costs and all costs that would constitute the basis of a valid claim under the mechanic's lien laws for any demolition and any removal of existing improvements or parts of improvements as well as for preparation, construction, and completion of all new improvements or parts of improvements. The dollar amount stated above shall be adjusted by the percentage change in the index known as the ünited States Department of Commerce Composite Construction Cost Index as published in the survey of current business by the U.S. Department of Conmerce, or successor index. If the index is discontinued and there is no successor index, the reference figure shall be determined by LESSOR. "minor" above. For major repairs, alterations or additions, LESSEE i all donation shall comply with all conditions of major construction elsewhere described in this Lease.

10. Repairs.

A. By taking possession of the premises, LESSEE shall be deemed to have accepted the premises as being in good sanitary order, condition and repair. LESSEE shall, at LESSEE'S sole cost and expense, keep the premises and every part thereof in good condition and repair, damage thereto from causes beyond the reasonable control of LESSEE and ordinary wear and tear excepted. LESSEE shall upon the expiration or sooner termination of this Lease hereof surrender the premises to the LESSOR in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of LESSEE excepted.

LESSEE waives the right to make repairs at LESSOR'S
expense under any law, statute or ordinance now or hereafter in effect.

All parts, equipment, garbage, refuse and other debris
ither used or discarded as part of LESSEE'S business on the premise hall always be stored or discarded in such a manner so as not to b visible by persons located on any property other than on the premises.

11. Financing Without Fee Subordination.

A. LESSEE shall have the right at any time and from time to time to subject the leasehold estate and any or all improvements to one or more mortgages as security for a loan or loans or other obligation of LESSEE provided that:
(1) The mortgage and all right required under it
shall be subject to each and all of the covenants, conditions, and restrictions stated in this Lease and to all rights and interest of LESSOR except as otherwise provided in this Lease.
(2) LESSEE shall give IESSOR thirty (30) days prior
notice of any such mortgage, and shall accompany the notice with a true copy of the note and mortgage.

The mortgage documents shall provide that any
proceeds from fire or extended coverage insurance shall be used for repairs or rebuilding of the leasehold improvements and not to repay part of the outstanding mortgage.

The mortgage documents shall contain provisions that
all notices of default under the note and mortgage must be sent to LESSOR and LESSEE and that LESSOR shall have the right to cure any in with to default if LESSEE fails to do so. LESSOR shall have sixty (60) days in which to cure any default if the time for LESSEE to cure it has expired. Neither LESSOR's right to cure any default nor any exercise of such a fight shall constitute an assumption of liability under the note or mortgage.
possession of the premises, promptly performs all other provisions of the note and mortgage then
On the recording of the mortgage, LESSEE shall, at
LESSEE's , expense, cause to be recorded in the office of the county recorder of the county where the premises are located a written 1202CK August 18, 1989
10 request executed and acknowledged by LESSOR for a copy of all notices of default and all notices of sale under the mortgage as provided by the State of California. Inclusion in the body of the recorded mortgage itself of a request for notice having the effect described above shall constitute compllance with this provision.

E. The leasehold mortgagee shall not be liable to
perform LESSEE's obligations under this Lease until the mortgagee acquires LESSEE's rights by foreclosure. After acquiring LESSEE's rights by foreclosure, mortgagee shall be liable to perform LESSEE's obligations only until mortgagee assigns or transfers the leasehold as permitted by this Lease. Mortgagee shall not, however, be required to cure LESSEE's defaults occurring before mortgagee's acquisition of LESSEE's rights by foreclosure.

No permitted mortgage shall cover any interest in any
real property other than interests specifically subjected to mortgage by this Lease. No mortgage permitted by this Lease shall cover more than one (1) indebtedness.

G. on termination of this Lease by LESSOR on LESSEE's
default, or on mortgagee's acquisition of the leasehold by foreclosure, LESSOR shall enter into a new lease with mortgagee covering the premises covered by the terminated or foreclosed lease if mortgagee (1) gives notice of request within thirty (30) days after termination or foreclosure, (2) pays all costs resulting from default and termination, and (3) remedies all defaults construed as though the Lease had not been terminated. The new lease shall be for the remainder of the term of the terminated or foreclosed lease, effective at the date of termination or foreclosure, at the rent and on the covenants, agreements, conditions, provisions, restrictions, and limitations contained in the terminated or foreclosed Lease.

12. Assignment and Subletting.

A. Except as expressly permitted pursuant to this Paragraph

12. LESSEE shall not, without the prior written consent of the LESSOR, assign or hypothecate this Lease or any interest herein or sublet the premises or any part thereof, or permit the use of the premises by any party other than LESSEE. Any of the foregoing acts without such consent shall be void and shall, at the option of LESSOR, terminate this Lease. This Lease shall not, nor any interest herein, be assignable as to the interest of LESSEE by operation of law without the written consent of LESSOR, such consent not to be unreasonably withheld.

B. If at any time or from time to time during the term of :
nis Lease LESSLE desires to sublet all or any part of the premises ESSEE shall give notice to LESSOR setting forth the terms of thi proposed subletting and the space so proposed to be sublet. In the event LESSOR consents to such proposed subletting, such consent shall 1202CK August 18, 1989
11 be subject to the following conditions:
the same terms set forth in the notice given to LESSOR; (2) no sublease of the premises shall be subleased until an executed counterpart of such sublease has been delivered to LESSOR; (3) no sublessee shall have the right to assign its sublease or further to sublet without the prior written consent of LESSOR; and (4) any sums or other economic consideration received by LESSEE as a result of such subletting, whether denominated rentals under the sublease or the total sums which
reflect obligations allocable to that portion of the premises subject to such sublease) shall be payable to LESSOR as additional rental under this Lease without affecting or reducing any other obligations Of LESSEE hereunder.
assignment Shall rege de LESSOn OnEs obligatitis or alter the primary liability of LESSEE to pay the rental and to perform all other obligations to be performed by LESSEE hereunder.
acceptance of rental by LESSOR from any other person shall not be deemed to be a waiver by LESSOR of any provision hereof. Consent to one assignment or subletting shall not be deemed to be consent to any subsequent assignment or subletting. In the event of default by any assignee of LESSEE ox any successor of LESSEE in the performance of any of the terms hereof, IESSOR may proceed directly against LESSEE without the necessity of exhausting remedies against such assignee or successor. LESSOR may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignee of LESSEE, without notifying LESSEE, or any successor of LESSEE, and without obtaining his consent thereto and such actions shall not relieve LESSEE of llability under this Lease.

In the event LESSEE shall assign or sublet the premises or request the consent of LESSOR for any act that LESSEE proposes to do, then LESSEE shall pay LESSOR'S reasonable attorneys' fees incurred in connection therewith.

E. The following are conditions precedent to LESSEE's right of assignment:

LESSEE shall give LESSOR reasonable notice of the
Pro propoad saigme a tea as a portered aerona dance that Except as otherwise provided in this Lease for a
permitted mortgagee, the proposed assignee shall, in recordable form axpressly assume ali of the covenants and conditions of this Lease.

LESSEE shall pay LESSOR the sum of THREE HUNDREI
FIFTY DOLLARS ($350.00) to enable LESSOR adequately to investigate the proposed assignee's qualifications as a permitted assignee. 1202CK August 18, 1989
12 LESSOR shall not be required to account for the use of the sum paid.

13. Hold Harmless.

A. LESSEE shall indemnity and hold harmless LESSOR
against and from any and all claims arising fxon LESSEE'S use of the premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the LESSEE in or about the premises, and shall further indemnify and hold harmless LESSOR against and from any and all claims arising fron any breach or default in the performance of any obligation on LESSEE'S part to be performed under the terms of this Lease, or arising from any act or negligence of the missin, or any otticer, agent, employee, guest, or invitee of LESSEE, and from all and against all costs, attorney's tees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, any action or proceeding brought against IESSOR by reason of any such claim, LESSEE upon notice from LESSOR shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR.

IESSEE, as a material part of the consideration to LESSOR, hereby assumes all risk of damage to property or injury to persons, in, upon or about the premises, from any cause other than LESSOR'S sole negligence, and LESSEE hereby waives all claims in respect thereof against LESSOR.

LESSOR or its agents shall not be liable for any
damage to property entrusted to LESSEE'S employees, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the buildings, the dock, the wharf, or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the sole negligence of LESSOR, its agents, servants or employees. LESSOR or its agents shall not be liable for interference with the light or other incorporeal hereditaments, loss of business by LESSEE, nor shall LESSOR be liable for any latent defect in the premises or in

14. Insurance.

A.
expense procure and maintain during the entire lease term and any shall be agreeable to LESSOR. Such public llability insurance shall 1202CK August 18, 1989
13 (1) be procured from an insurer authorized to do business in California and approved by LESSOR; (2) provide primary and not excessive coverage; (3) name LESSOR as an additional insured; (4) waive subrogation rights, It any, which the insurer may have against LESSOR by reason of any claim, liability, loss, or expense as described in Paragraph 13 of this Lease;
given at least thirty (30) days' written notice before any such insurance can be cancelled or Changed with respect to parties. coverage, or limits of llability; and (6) include cross-liability provisions. LESSEE shall, prior to commencement of the Lease term, deliver to LESSOR a certificate of insurance in the form attached as Exhibit "D" together with satisfactory evidence that the premiums have been paid, and before each expiration of any such insurance coverage during the Lease term and any extension thereof shall deliver to LESSOR satisfactory evidence that such insurance has been renewed and that the required premium or premiums therefor have been paid.

B. (1)
The amount of the insurance shall be
request
the carrier of the insurance then in force to
determine the full insurable value as defined in
this provision, and the resulting determination
shall be conclusive between the parties for the
purpose of this paragraph.
(2) All the proceeds from the insurance prescribed
by this Paragraph 14 shall be deposited with a
mutually agreed upon escrow holder to be applied
by the escrow holder for the repair,
1202CK August 18, 1989
14 •
restoration, or reconstruction of any
improvements damaged ox destroyed by the
casualty giving rise to the insurance claim.

Said proceeds shall be disbursed by the escrow
holder in the same manner as if the proceeds
were a construction loan from an institutional
lender to LESSEE made under the provisions of
: this Lease. LESSEE shall pay all escrow fees
and charges.
(3) In the event LESSOR is given the authority
hereunder to elect not to restore, reconstruct
or repair the damage done to said improvements
and LESSOR exercises said election, the proceeds
of said insurance shall be paid to LESSOR.
(4) Any insurance proceeds remaining after
reconstructing, repairing and/or restoring said
improvement shall be the LESSEE'S sole property.

C. If either party at any time during the term hereof
should tail to secure or maintain the foregoing insurance, the other party shall be permitted to obtain such insurance in the defaulting party's name or as the agent of the defaulting party and shall be compensated by the defaulting party for the cost of the insurance Praurance premiums at the fate of twelve parent (128) per annum The defaulting party shall pay the other interest on paid computed from the date written notice is received that the premiums have been paid.

D. Before commencement of any demolition or
construction, LESSEE shall procure, and shall maintain in force until completion and acceptance of the work, "all risks" builders' risk insurance including vandalism and malicious mischief, in form and with a company reasonably acceptable to LESSOR, covering improvements in place and all material and equipment at the job site furnished under contract, but excluding contractor's, subcontractors' and construction manager's tools and equipment and property owned by contractor's or subcontractor's employees, with limits of at least ONE MILLION DOLLARS ($1,000,000) per loss for all work at the job site.

15. Subrogation.

As long as their respective insurers so permit, LESSOR and 1202CK August 18, 1989
15 - -

16. Services and Utilities.

17. Property Taxes.

LESSEE shall pay, or cause to be paid, to LESSOR, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon all of LESSEE'S leasehold improvements described in Paragraphs I and 9. LESSEE shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon all of LESSEE'S personal property, equipment, furniture and fixtures located on the premises.

18. Estoppel Certificate.

At any time and from time to time but on not less than ten (10) days prior written request by LESSOR, LESSEE shall execute, acknowledge and deliver to LESSOR, promptly upon request, a certificate certifying (a) that this lease is unmodified, and in full force and effect; (or if there have been modifications, that this Lease is in full force and effect, as modified, and stating the date and nature of each modification), (b) the date, if any, to which such other matters as may be reasonably requested by LESSOR. Any such certiticate may be relied upon by any prospective purchaser, mortgagee of beneficiary under any deed of trust of the building or any part thereof.

19. Holding Over.

If LESSEE remains in possession of the premises or any part whiten consant thereof after the expiration of the term hereof, with the express written consent of LESSOR, such occupancy shall be a tenancy from month-to-month at a rental in an amount determined by LESSOR in its sole discretion, plus all other charges, payable hereunder, and upon all the terms hereof applicable to a month-to-month tenancy.

20. Entry by LESSOR.

LESSOR reserves and shall at any and all times have the right to enter the premises, inspect the same, to submit said premises to prospective purchasers or tenants, to post notices of non- responsibility, and to alter, improve or repair the premises and any 1202CK August 18, 1989
16 portion of the premises that LESSOR may deem necessary or desirable, without abatement of rent and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the premises shall not be blocked thereby, and further providing that the business of the LESSEE shall not be interfered with unreasonably. LESSEE hereby waives any claim for damages or for any injury or inconvenience to or interference with LESSEE'S business, any loss of occupancy or quiet enjoyment of the premises, and any loss occasioned thereby. For each of the aforesaid purposes, LESSOR shall at all times have and retain a key with which to unlock all of the doors in, upon and about the premises, excluding LESSEE'S vaults, safes and files, and LESSOR shall have the right to use any and all means which LESSOR may deem proper to open said doors in an emergency, in order to obtain entry to the premises without liability to LESSEE except for any failure to exercise due care for LESSEE'S property. Any • entry to the premises obtained by LESSOR by and of said means, or otherwise shall not under any circumstances be construed of deemed to be a forcible or unlawful entry into, or a detainer of, the premises, or an eviction of LESSEE from the premises or any portion thereof.

21. Reconstruction.

A. In the event the premises or improvement (s), of which the premises are a part, are damaged by fire or other perils covered by extended coverage insurance, LESSEE agrees to forthwith repair the same: and this Lease shall remain in full force and effect, except that LESSEE shall be entitled to a proportionate reduction rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall materially interfere with the business carried on by the LESSEE in the premises.
or its employees, there shall be no abatement of rent.

B. In the event the premises or the building, whaxf,
dock, or new improvement (s) of which the premises are a part, are damaged as a result of any cause other than the perils covered by fire and extended coverage Insurance, then LESSEE shall forthwith repair the same, provided the extent of the destruction be less than twenty percent (20%) of the then full replacement cost of the premises or improvements, of which the premises are a part. event the destruction of the premises or the new improvement (s), is equal to twenty percent (208) or to an extent greater than twenty percent (20%) of the full replacement cost, the LESSEE shall have the option: (1) to repair or restore such damage, this Lease continuing in full force and effect, but the rent to be proportionately reduced as hereinabove in this Paragraph 21 provided; or (2) give notice to LESSOR at any time within sixty (60) days after such damage terminating this Lease as of the date specified in such notice, which date shall be no less than thirty (30) and no more than sixty (60) 1202CK August 18, 1989
17 days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the LESSEE in the premises shall terminate on the date so specified in such notice and the rent, reduced by a proportionate amount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the LESSEE in the premises, shall be paid up to date of such termination.

Notwithstanding anything to the contrary contained in
this Paragraph 21, LESSEE shall not have any obligation whatsoever to repail, reconstruct or restore the premises when the damage resulting from any casualty covered under this Paragraph occurs during the last six (6) months of the term of this Lease or any extension thereof.

LESSOR shall not be required to repair any injury or
The LESSEE shall not be entitled to any compensation
or damages from LESSOR for loss of the use of the whole or any part of the premises, LESSEE'S personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.

22. Default.

The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by LESSEE:

A. The vacating or abandonment of the premises by
LESSEE.

The failure by LESSEE to make any payment of rent or
any other payment required to be made by LESSEE hereunder, as and when due where such failure shall continue for a period of three (3) days after written notice thereof by LESSOR to LESSEE.
*2 perverand ste her than dories 1 pagraph 32 87 8B.,
where such failure shall continue for a period of thirty (30) days after written notice thereof by LESSOR to LESSEE; provided, however, that if the nature of LESSEE'S default is such that more than thirty 30) days are reasonably required for its cure, then LESSEF shall not e deemed to be in default if LESSEE commences such cure within said to completi day period and thereafter diligently prosecutes such cure 1202CK August 18, 1989
18 The making by LESSEE of any general assignment or
general arrangement for the benefit of creditors; or the appointment of a trustee or a receiver to take possession of substantially all of LESSEE'S assets located at the premises or of LESSEE'S interest in this Lease, where possession is not restored to LESSEE within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of ISSEI'S assets located at the premises or of LESSEE'S interest in this Lease, where such seizure is not discharged in thirty (30) days.

23. Remedies in Default.

In the event of any such material default or breach by LESSEE, LESSOR may at any time thereafter, with or without notice or demand and without limiting LESSOR in the exercise of a right or remedy which LESSOR may have by reason of such default or breach:

Terminate LESSEE'S right to possession of the
premises by giving LESSEE notice of termination, in which case this Lease shall terminate and LESSEE shall immediately surrender possession of the premises to LESSOR. In such event LESSOR shall be entitled to recover from LESSEE all damages incurred by LESSOR by reason of LESSEE'S default including, but not limited to, the cost of recovering possession of the premises; expenses of reletting, including necessary renovation and alteration of the premises, reasonable attorney's fees, any real estate cormission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that LESSEE proves could be reasonably avoided; that portion of the leasing commission paid by LESSOR and applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from • the date due at the rate of twelve percent (12}) per annum. In the event LESSEE shall have abandoned the premises, LESSOR has the option of (a) taking possession of the premises and recovering from LESSEE the amount specified in this paragraph, or (b) proceeding under the provision of the following paragraph 23 (B).

B. Maintain LESSEE'S right to possession, in which case this Lease shall continue in effect whether or not LESSEE shall have abandoned the premises. In such event LESSOR shall be entitled to enforce all of LESSOR'S rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder.

LESSOR may at LESSOR'S election use LESSEE'S personal
property and trade fixtures or any of such property and fixtures without compensation and without liability for use or damage, or store them for the account and at the cost of LESSEE. The election of one remedy for any one item shall not foreclose an election of any other remedy for another item or for the same item at a later time. 1202CK August 18, 1989
19 -
D. Pursue any other remedy now or hereafter available to LESSOR under the laws or judicial decisions of the state in which the premises are located.

24. Notice of LESSOR's Defaulti LESSEE's Waiver.

LESSOR shall not be considered to be in delault under this Lease unless (1) LESSEE has given notice specifying the default and 2) LESSOR has failed for thirty (30) days to cure the default, if it is curable, or to institute and diligently pursue reasonable corrective or ameliorative acts for non-curable defaults. LESSEE shall have the right of termination for LESSOR'S default only after notice to and consent by all mortgagees under mortgages then existing under provisions of this Lease relating to purchase or construction of improvements. LESSEE waives the protections of Civil Code Sections 1932 and 1933.

25. Fuinent Domain.

A. If more than twenty-five percent (258) of the
prenises shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain, either party hereto shall have the right, at its option, to terminate this Lease, and LESSOR shall be entitled to any and all income, rent, award, or any interest therein whatsoever which may be paid or made in connection with such public or quasi-public use or purpose, and LESSEE shall have no claim against LESSOR for the value of any unexpired term of this Lease. It more than twenty-five percent (258) of the premises is taken, and neither party elects to terminate as herein provided, the rental thereafter to be paid shall be equitably reduced. If any part of the real property described in Exhibit "A" may be so taken or appropriated, LESSOR shall have the right at its option to terminate this Lease and shall be entitled to the entire award as above provided.

B. If more than twenty-five percent (258) of the
premises is taken, LESSEE shall have the right to elect to terminate this Lease. I LESSEE elects not to terminate this Lease because of said taking (25% or less), the rental thereafter to be paid shall not be reduced or abated.
c. LESSOR shall be entitled to any and all award,
judgment or payment made by any public or quasi-public entity condemning all or portion of the premises and LESSEE hereby waives any and all right to such compensation, award or payment.

26. Access.

LESSEE shall have access to the premises twenty-four (24) hours each day.
1202CK August 18, 1989
20 27. General Provisions.

A. Plats and riders. Clauses, plats and riders, If any, signed by the LESSOR and the LESSEE and endorsed on or affixed to this Lease are a part hereof.

B. Waiver. The waiver by LESSOR or any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by LESSOR shall not be deemed to be a waiver of any preceding breach by LESSEE of any term, covenant or condition of this Lease, other than the failure of the LESSEE to pay the particular rental so accepted, regardless of LESSOR'S knowledge of such preceding breach at the time of the acceptance of such rent.

C. Notices. All notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writing. All notices and demands by the LESSOR to the LESSEE shall be sent by United States mail, postage prepaid, addressed to the LESSEE at the premises, or to such other place as LESSEE may from time to time designated in a notice to the LESSOR.

All notices and demands by the LESSEE to the LESSOR shall be sent by United States mail, postage prepaid, addressed to the City of Cotati, City Manager, 201 W. Sierra Avenue, Cotati, California 94931-4217, Ox to such other person or place as the LESSOR may from time to time designate in a notice to the LESSEE.

Joint Obligation. If there be more than one LESSEE
Che obligations hereunder imposed upon LESSEE shall be joint and several.

Marginal Headings. The marginal headings and
paragraph titles to the paragraphs of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof.
and all of its provisions in she performance is a ceos. Time is of the essence of this Lease and each The covenants and conditions
H. Recordation. A short form memorandum of this Lease
shall be recorded immediately after its execution.
1202CK August 18, 1989
21 .. •
I. Quiet Possession. Upon LESSEE paying the rent
reserved hereunder and observing and performing all of the covenants, conditions and provisions on LESSEE'S part to be observed and performed hereunder, LESSEE shall have quiet possession of the premises for the entire term hereof, subject to all of the provisions of this Lease.

Late Charges. LESSEE hereby acknowledges that late
payment by LESSEE to LESSOR of rent or other sums due hereunder will cause lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges.

Accordingly, it any installment of rent or of a sum due from LESSEE shall not be received by LESSOR or LESSOR'S designee within five (5) days after said amount is due, then LESSEE shall pay to LESSOR a late charge equal to twelve (12%) percent of such overdue amount. parties hereby agree that such late charge represents a fair and reasonable estimate of the cost the LESSOR will incur by reason of the late payment by LESSEE.

LESSOR shall in no event constitute a waiver of LESSEE'S default with respect to such overdue amount, nor prevent LESSOR fron exercising any of the other rights and remedies granted hereunder.

K. Prior Agreements. This Lease contains all of the
agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose.

No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or binding on any party until fully executed by both parties.

Inability to Perform. This Lease and the obligations
of the LESSOR hereunder shall not be affected or impaired because the LESSOR is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the LESSOR.

Attorney's fees.
in such action or proceeding in such amount as the court or arbitrator may adjudge reasonable as attorney's fees.

N. Sale of Premises by LESSOR. In the event of any sale any act, occurrence or omission occurring after the consummation of 1202CK August 18, 1989
22 :
such sale; and the purchaser, at such sale or any subsequent sale of he premises snall be deemed, without any further agreement betwee he parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of the LESSOR under this Lease.

Separability. Any provision of this Lease which
shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full force and effect.

Cumulative Remedies. No remedy or election hereunder
shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
laws of the state of california. Choice of Law. This Lease shall be governed by the R. Signs and Auctions. LESSEE shall not place any sign
upon the premises or building or conduct any auction thereon without LESSOR'S prior written consent.

LESSEE's Duty to surrender. At the expiration or
earlier termination of the term, LESSEE shall surrender to LESSOR the possession of the premises. Surrender or removal of improvements fixtures, trade fixtures, and improvements shall be as directed in provisions of this Lease on ownership of improvements at termination.

LESSEE shall leave the surrendered premises and any other property in good and broom-clean condition except as provided to the contrary in provisions of this Lease on maintenance and repair of improvements.

All property that LESSEE is required to surrender shall become LESSOR'S property at termination of the Lease. All property that LESSEE is not required to surrender but that LESSEE does abandon shall, at LESSOR'S election, become LESSOR'S property at termination.

If LESSEE fails to surrender the premises at the
expiration or sooner termination of this Lease, LESSEE shall defend and indemnify LESSOR from all liability and expense resulting from the delay or failure to surrender, including, without limitation, claims made by any succeeding LESSEE founded on or resulting from LESSEE'S failure to surrender.

The parties hereto have executed this lease on the dates specified immediately adjacent to their respective signatures. i

LESSOR/CITY OF COTATI
1202CK August 18, 1989
23 BolDave 8/22/89
_ DATE:

Mayox Bob Davis
This Lease was approved by the City Council of the City of cotati on August 22, 1989 by Resolution No. 89-47
LESSEE/_COTATI FIRE PROTECTION DISTRICT
BY bith hunder one: 9-20-87
Carl Anderson
This Lease was approved by the Board of Directors of the Cotati Fire Protection District on August 16. 1989
Resolution No. _ /12- 89_.

Approved as to form: Approved as to form:

Attorney for the Cotati Fire
Protection District
1202CK August 18, 1989
24 i

HOGAN - SCHOCH & ASSOCIATES
A Division of Ladd Engineering Company Irt
268 PETALUMA AVENUE • PO BOX 1575 • SEBASTOPOL CALIFORNIA $5472 • (707, 823 4479 EXHIBIT A _PAGE
PROPOSED COTATI LION'S CLUB LEASE.

Lying within the Cotati Rancho, being a portion of the Cotati Plaza as the Record Map entitled "Plan of the Town Site of Cotati," recorded in Book 10 of Maps, Page 8, S.C.R. and as shown on Record of Survey recorded in Book 227 of Maps, Page 16, S.C.R., more specifically described as follows:

COMMENCING at the city well monument designated "1" on said Record of Survey, said point commonly being known as "The Hub;" thence from said point along the centerline of East Sierra Avenue North 24' 57• 30" East

60.43 feet to a point; thence North 62' 30' 14" West 23.98 feet to the TRUE POINT OF BEGINNING of the herein described parcel; thence from said true point of beginning North 35' O2' 30" West 177.86 feet to a point; thence North 24' 57' 30" East to a point on a line 60.00 feet Southerly of and parallel with the Southerly line of BLOCK 1 shown on said Record of Survey; thence along said parallel line South 84' 57' 30" East 149.21 feet to a point; thence South 31' 25' 26" East 20.00 feet to an existing curb line; thence along said curb South 32' 11' 38" West 92.05 feet; thencę following said curb on a curve to the left having a radius of 3.50 feet, through a central angle of 91' 18' 55" for a distance of 5,58 feet; thence along said curb South 59' 07° 17" East 14.00 feet; thence following said curb on a curve to the right having a radius of 3.00 feet, through a central angle of 84' 03' 52" for a distance of 4.40 feet; thence along curb and extension thereof South 24' 56' 35" West 72.80 feet to the point of beginning. Containing 0.35 acre, more or less. Existing improvements referenced herein were located by a survey dated September, 1989.

LAND

LICENSED COUGLAS PAQUE
5xp9.30.923
NO. 5493

TE OF CALFERED

ENGINEERING

LS LAND PLANNING

SURVEYING

AERIAL MAPPING

AERIAL PHOTOGRAPHY
- • 1
-
i

HOGAN - SCHOCH & ASSOCIATES
A Division of Ladd Engineering Company Inc
258 PETALUMA AVENUE • PO BOX 1575 • SEBASTOPOL CALIFORNIA 95477 - 17075 833 4479 EXHIbIT — A _ PACE 2

PROPOSED COTATI FIRE PROTECTION DISTRICT LEASE
Lying within the Cotati Rancho, being a portion of the Cotati Plaza as shown on the Record Map entitled "Plan of the Town Site of Cotati," recorded in Book 10 of Maps, Page 8, S.C.R. and
Survey recorded in Book 227 of Maps, Page 16, S.C.R., more specıfically described as follows:

60.43 feet to a point; thence South 62' 30' 14" East 27.44 feet to the TRUE POINT OF BEGINNING of the herein described parcel; thence from said true point of beginning along an existing header • board North 25' 17' 03" East 177.45 feet to a point; thence North 84' 55' 17" East 20.15 feet to a point on a line 60.00 feet Southwesterly of and parallel with the Southwesterly line of BLOCK Z shown on said Record of Survey; thence along said parallel line South 35' 04' 43" East 156.57 feet to a point; thence leaving said parallel line South 21' 15' 47" West 24.38 feet to a point; thence South 75' 51' 00" West 34.63 feet to the most Easterly corner of an existing concrete slab in front of the Fire Station; thence along Southerly edge of said slab and continuation thereof South 85' 30' 15" West 111.73 feet to a point; thence North 79' 40' 10" West 32.56 feet to the point of beginning. Containing 0.41 acre, more or less. Existing improvements referenced herein were located by a survey dated September, 1989.

LAN

ENGINEERING

LAND PLANNING

SURVEYING

AERIAL MAPPING

AERIAL PHOTOGRAPHY
-
LEASE
2 - 1965,
THIS LEASE EXECUTED IN DUPLICATE ON _APRILL
3 BETWEEN THE CITY OF COTATI, A MUNICIPAL CORPORATION, HEREINAFTER 4 DESIGNATED AS LESSOR, AND THE COTATI FIRE PROTECTION DISTRICT, 5 HEREINAFTER DESIGNATED AS LESSEE.
6 7 IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
8 DESCRIPTION OF PREMISES. THE LESSOR HEREBY LEASES TO THE 9 DARE OF LAND OUNCED SY EAT COTAN AVENUE, ROBLE AVENGE AND M

PARCEL OF LAND BOUNDED BY EAST COTATI
10 THE PLAZA AND MORE PARTICULARLY DESIGNATED AS ASSESSOR's PARCEL 11 TERM. THE TERM OF THE WITHIN LEASE SHALL BE FOR A PERIOD 12 OF FIFTY YEARS (50) COMMENCING APRIL La, 1965.
13 3. RENT• THE RENTAL SHALL BE AT THE RATE OF $1.00 PER YEAR PAYABLE YEARLY IN ADVANCE. RENTAL SHALL BE PAID TO LESSOR AT 14 P. 0. BOX 295, COTATI, CALIFORNIA.
15 4. USE. THE PREMISES ARE LEASED TO THE LESSEE FOR THE PUR-

POSE OF USES OF THE COTATI FIRE PROTECTION DISTRICT, INCLUDING 16 FIRE STATIONS AND ALLIED USES.
17 5. UTILITIES• LESSEE SHALL PAY FOR ALL UTILITIES SUPPLIED TO SAID PREMiSES.
18 6. REpAIrS. LESSEE SHALL AT ITS SOLE COST KEEP AND MAINTAIN 19 SAID PREMISES AND APPURTENANCES IN GOOD AND SANITARY ORDER, CON-

DITION AND REPAIR INCLUDING THE IMPROVEMENTS AND THE ADJACENT LAND 20 • INCLUDED IN THE LEASED PREMISES•
21 ALTERATIONS AND IMPROVEMENTS. LESSEE SHALL NOT MAKE ANY

ALTERATIONS ON THE PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF 22 THE LESSOR.
23 8. ASSIGNMENT OR SUBLETTING. LESSEE SHALL NOT ASSIGN THIS

RIGHT HEREUNDER NOR SUBLET THE PREMISES NOM ANY PART
24 THEREOF WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR. 25 9. LIABILITY INSURANCE• LESSEE FURTHER AGREES TO TAKE OUT

THE LIFE HEREOF AT LESSEE'S EXPENSE, PUBLIC
26 LIABILITY INSURANCE TO PROTECT AGAINST ANY LIABILITY TO THE PUBLIC

NCIDENT TO THE USE OR RESULTING FROM ANY ACCIDENT OCCURRING IN OR 27 ¡BOUT SAIO PREMISES.

10. LESSOR IS TO BE HELD HARMLESS FROM LITIGATION.

A PAT SO REASON FAR ACTOR BMISS OF LESS THE A 1 THAT IF LESSOR IS INVOLUNTARILY MADE PARTY DEFENDANT

A PART BY REASON OF ANY ACTIOR OMISSIONIOF LESSEE AND NOT BECAUSE DF 30 ANY ACT OR OMISSION OF LESSOR, LESSEE SHALL HOLD HARMLESS THE LESSOR FROM ALL LIABILITY BY REASON THE•EOF, BY PROVIDING INSURANGE AS 31 SET FORTH HEREINABOVE.
32 PuBLIC AGENCIES. IT IS UNDERSTOOD THAT BOTH LESSOR AMD

LESSEE ARE PUBLIC AGENCIES IN THE STATE OF CALIFORNIA AND THAT THE DERMOTT. MAXWELL
& HOOD
ATTORNEYS AT LAW -1-
726 MENDOCINO AVIE
BANTA ROMA. CALIP.

LINKATY 2-1982
11/2
1 EXECUTION OF THE HEREIN LEASE IS SUBJECT TO THE FORMAL ACTION OF

THE RESPECTIVE LEGISLATIVE BODIES OF SAID PUBLIC AGENCIES AND SUB- 2 JECT TO THE LAWS OF THE STATE OF CALIFORNIA, RELATING TO CITIES AND TO FIRE PROTECTION DISTRICTS.
3 CITY COTAT
4 By.
6 8

COTATI FIRE PROTECTION DISTRICT
9 or Cintos)H sorgensen. Pres.
10 ArEs. Clode At Stillig
11 12
13 14
'15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 ERMOTY. MAXWEL
HOO!
ATTORNEY@ AT LAW
176 MENDOCINO AVK.

SANTA RORA, CALIP.

Linkery 2-1882 -2-
: ...
• -

CITY OF COTATI
Post Office Box 128, Corati, California 94928
Telephone (707)795-5478
July, 17, 1987
TO:

FROM: Mandy an Icits 0, City Manager
SUBJECT: Cotati Fite Protection
On Thursday, July 16, 1987 Harold Griffith, Secretary to the Cotati Fire Protection District Board of Directors reported to me that the board has voted to tear down the existing head- quarters fire station in the Hub and build a new two-story fire station. It was reported that the board feels they have enough money to complete this construction but they do not have money to buy land and also construct a new station. They feel the present location is very accessible for volunteers responding and very direct sending apparatus to fire emergencies within the district.

It is estimated by Harold that construction costs will be between $300,000 and $400, 000.

I advised Harold that I would report the above to you along with my recommendation that the above is not the best appro this in the long run for the City of Cotati. I suggested to i was the case because of traffic problems in the Hub. As we have all guessed, traffic can only get worse in the Hub and become an ever increasing problem. By leaving the fire station there it Will only accelerate traffic problems not mitigate them. There in fact could be a time when volunteers responding to the station would be unable to respond in a timely manner because of traffic around the Hub. It can also be assumed that at that point in time signal is installed in the middle of the Hub any red light on East Cotati Avenue could back up traffic across the exit drive vay Irom the fire station precluding the apparatus from responding until the signal changed and the street cleared of backed up traffic.

Harold states that it is the long term intention of the Board of Directors to have the station in the Hub become a secondary station to the real headquarters which will be built closer to the intersection of Gravenstein and Stony Point. It is felt by the that the eventual larger fire risk area will be centered around this intersection and that the station built in this area will also include a training facility. There is presently not enough land at the existing site for a training facility.

Member Griffith responded to a direct question that the best location for a station at this time is near the Hub. I The answer
This property
The
behind the fast Gas station so that there could be an exit entrance on both Old Redwood Highway and George Street. Mr.

Griffith again suggested that while the idea might be workable the cost of the land would not be affordable to the district if they also had to build a new station.

As the City Council is aware, the existing fire station is built upon city land for which the Cotati Fire Protection District has a titty year lease which began April 1, 1965.

The rental rate is $1.00 per year. • Me re cocai Pse Broec .on Best-sot for the exclusive purpose of the Cotati Fire Protection District including fire stations and allied uses.

The agreement requires that any alterations on the pre- nises shall not be made without the prior written consent oi the City of Cotati. Harold stated that the designer will be preparing plans that will be submitted to the city within the near future and construction to be : completed within two years.

RLJ: nfs
CC: Chief of Police
cc: Director of Planning
cc: Building Inspector
CC: City Engineer
CC : Public Works Supvx
cc: Harold Griffith
(Sec. Cti Fire Protection Dist.)
(Board of Direçtors)
CC: Fire Chief Rippin
mikenäsitnro-sid-Wr ibide-iaid sfee. wete-utr de ddt alleanee afdre dedel ted andrie dl 2 -
| CITY OF COTATI
Past Office Box 428, Cotati, Callorala 94928
Telephone (707) 795-5478
October 12, 1987
TO: The Honorable Mayor and City Cour dud
SUBJECT: Meeting with Cotati Fire Protection District Randy L. Johnsen, City Manager At your September 22, 1987 regular meeting, you requested that staff meet with the Cotati Fire Protection District repre- sentatives and determine what is at stake if the existing lease on city property in the hub is extended a new fifty years for fire district operations.

A meeting was held Monday, September 28, 1987 to further delineate the request of the district and develop understanding by city staff as to what would take place. In attendance were Fire Chief Rippin, Board of Directors Secretary Griffith, City Manager Johnsen, Director of Planning Dorch and Administrative Assistant Rook.

It was stressed by those representing the fire district that getting the volunteers in and out of the station is the biggest problem and the major concern. The city staff members related that it would also be a concern to provide adequate parking for the volunteers.

Representatives of the district stated that they will be purchasing additional land ior a second facility in five or six Any facility at this time would need to be highly acces- sible for both the volunteers and fox the equipment when it despont: Suggested alternative locations proposed by the :

1. Falletti property on West Sierra Avenue.
:

Alternative fites suggested by city staff:

1. 2.

3. 4. Odell property that wraps around Foster Freeze on Old Redwood Highway.

5. Stockton property on Old Redwood Highway.

6. Andreoli property which is presently a motel comple:
on Old kedwood Highway
i
ations and development in Rohnert Park.

Fire District representatives say that they prefer a corner a minimum of two streets in and out. They stated that at time the majority of their volunteers live and respond from East Cotati Avenue or from immediately around the hub.

A second meeting is scheduled for a date after October 20th due to vacations scheduled for Fire Chief and Board Secretary.

District representatives will present several comments on the suggested alternative locations and hopefully present more information on the proposed building concept. :

City staff will attempt to present a better understanding of the dates for the proposed completion of specific plan for the hub and will provide additional information on the suggested alterations to the existing lease by City Attorney Walter.

RLJ infs
cc: Director of Planning Dorch
Administrative Assistant Rook - -
Fire Chief Rippin
Cotati Fire Protection District
Secretary Griffith
2 - -

COTATI FIRE PROTECTION DISTRICT
BUS PHONE 1 EAST COTATI AVENUE FIRE PHONE
795 5455 COTATI CALIFORNIA 94928 795 5454
September 14, 1987

RECENED
SEP I 5 1987
City Council
City of Cotati CITY UF COTATI
20t West Sierra Avenue CITY MANAGER/CITY CLERK
Cotati, CA 94928
Dear Council Members: |
The Cotati Fire Proteçtion District is planning to do extensive remodeling to their existing fire station located on The Plaza in the near future. Therefore, the directors of the Cotati Fire Protection District are requesting that the City of Cotati extend the term of the existing land lease for a period of 27 years with expiration date of April 2037.

This extension of the lease will enable the district to expand their facilities and help maintain the growth of our city. immediate attention to this matter would be greatly appreciated.

Sincerely,
I cold suffith
Harold R. Griffith, Secretary
Cotati Fire Protection District
HRG/ps
.....
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COTATI FIRE PROTECTION DISTRICT
BUS PHONE 1 EAST COTATI AVENUE FIRE PHONE
795 5455 COTATI CALIFORNIA 94928 795 5454
September 14, 1987

RECEIVED
SEP 1 5 1987
City Council
City of Cotati CITY OF COTATI
201 West Sierra Avenue CITY MANAGER/CITY CLERK
Cotati, CA 94928
Dear Council Members:

The Cotati Fire Protection District is planning to do extensive remodeling to their existing fire station located on The Plaza in the near future. Therefore, the directors of the Cotati Fire Protection District are requesting that the City of Cotati extend the term of the existing land lease for a period of 27 years with expiration date of April 2037.

This extension of the lease will enable the district to expand their facilities and help maintain the growth of our city. Your immediate attention to this matter would be greatly appreciated.

Sincerely,
Harold Suffich
Harold R. Griffith, 'Secretary
Cotati Fire Protection District
HRG/ps

CITY OF COTATI
Post Office Box +28, Cotati, California 94928
Telephone (707)795-5478
July, 17, 1987
TO: Mayor and City Council
On Thursday, July 16, 1987 Harold Griffith, Secretary to the Cotati Fire Protection District Board of Directors reported to me that the board has voted to tear down the existing head- quarters fire station in the Hub and build a new two-story fire station. It was reported that the board feels they have enough money to complete this construction but they do not have money to buy land and also construct a new station. They feel the present location is very accessible for volunteers responding and very direct sending apparatus to fire emergencies within the district.

It is estimated by Harold that construction costs will be between $300,000 ard $400,000.

I advised Harold that I would report the above to you along with my recommendation that the above is not the best approach in the long run for the City of Cotati. I suggested to him this was the case because of traffic problems in the Hub.
all guessed, traffic can only get worse in the Hub and become an ever increasing problem. By leaving the fire station there it will only accelerate traffic problems not mitigate them. in fact could be a time when volunteers responding to the station would be unable to respond in a timely manner because of traffic around the Hub. It can also be assumed that at that point in time a signal is installed in the middle of the Hub any red light on East Cotati Avenue could back up traffic across the exit drive way from the fire station precluding the apparatus from responding until the signal changed and the street cleared of backed up traffic.

Harold states that it is the long term intention of the Board Board that the eventual larger fire risk area will be centeres around this intersection and that the station built in this area will also include a training facility. There is presently not enough land at the existing site for a training facility.

Member Griffith responded to a direct question that the best location for a station at this time is near the Hub.

FACELE
if they also had to build a new station.

As the City Council is aware, the existing fire station is built upon city land for which the Cotati Fire Protection For the exe Lust purpose or the coral PEe SoccE Biderick including fire stations and allied uses.

The agreement requires that any alterations on the pre- mises shall not be made without the prior written consent of the City of Cotati. Harold stated that the designer will be preparing plans that will be submitted to the city within the near future and construction to be completed within two years.

RLJ: nfs
cc: Chief of Police
cC: Director of Planning
CC: Building Inspector
CC: City Engineer
CC: Public Works Supvr
CC: Harold Gritfith
Sec. Cti Fine Protection Dist.
(Board of Directors
cc: Fire Chief Rippin
!
: 2
:

LEASE
THIS LEADE EXECUTED IN DUPLICATE ON _APBILL _ 1965

BETWEEN THE CITY OF COTATI, A PUNICIPAL COPORATION, HEREINAFTER

DESIGNATED AS LESSOR, AND THE COTATI FIKL P'ROTECTION DISTRICT, HERLINAFTER DEŠIGNATED AS LESSEE.
7 IT I5 AUREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
8 1. DESCRIPTION OF PREMISES. THE LESSOR HEHEBY LEASES TO THE

LESSEE, ON THE TERMS ANU CONDITIONS HEREINAFTER SET FORTH, 9 CERTAIN PREMISES IN THE CITY OF COTATI, CONSISTING OF THAT CERTAIN PARCEL OF LAND BOUNDED BY EAST COTATI AVENUE. RUBLAH AVENUE AND 10 THE PLAZA AND MORE PARTICULARLY DESIGNATED AS ASSESSOR'S PARCEL 144-276.
11 TERM• THE TERM OF THE WITHIN LEASE SHALL BE FOR A PERIOU OF FIFTY YEARS (50) COMMENCING APRIL 1, 1965.
12 13 3. RENI• THE RENTAL SHALL BE AT THE RATE OF $1.00 PER PAYABLE YLARLY IN ADVANCE• RENTAL SHALL BE PAID TO LESSOR AT 14 P. 0. Box 295, COTATI, CALIFORNIA.
15 4. USE• THE PREMISES ARE LEASED TO THE LESSEE FOR THE PUR- POSE OF USES OF THE COTAT! FIRE PROTOTIN DISTRICT, INCLUDING 16 FIRE STATIONS AND ALLIED USES.
17 5. UTILITIES. LESSEE SHALL PAY FOR ALL UTILITIES SUPPLIEO TO SAID PREMISES.
18 6. REPAIRS. LESSEE SHALL AT ITS SOLE COST KEEP AND MAINTAIN 19 SA 1 D PREMISES AND APPURTENANCES t N GOOD AND SANITARY ORDER, CON-

DITION AND REPAIR INCLUDING THE IMPROVEMENTS AND THE ADJACENT LAND 20 INCLUDED IN THE LEASED PREMISES.
21 7. ALTERATIONS AND IMPROVEMENTS. LESSEE SHALL NOT MAKE ANY

ALTERATIONS ON THE PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF 22 THL LESSOR.
23 8. ASSIGNMENT OR SUBLETTING. LESSEE SHALL NOT ASSIGN THIS

LEASE OR ANY RIGHT HEREUNDER NOR SUBLET THE PREMISES NOR ANY PART 24 THEREOF WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR. 25 9. LIABILITY INSURANGE• LESSEE FURTHER AGREES TO TAKE OUT

AND KEEP IN FORGE DURING THE LIFE NE EOF AT LESSEF'S EXPENSE, PUBLIC 26 LIABILITY INSURANCE TO PROTECT AGAINST ANY LIABILITY TO THE PUBLIC

INCIDENT TO THE USE OR RESULTING FROM ANY ACCIDENT OCCURRING IN OR 27 ABOUT SAID PRLMISES.
28 10. LESSOR IS TO BE HELD HARMLESS FROM LITIGATION. LESSEE AGREE İNVOLUNTARILY MADE A PARTY DEFENDANT
29 GATION CONCERNING THIS LEASE, OR THE

OF ANY ACTIOR OMISSION, OF LESSEE AND NOT BECAUSE
30 ANY ACT OR OMISSION OF LESSOR, LESSEE SHALL HOLO HARMLESS THE LESSOR FROM ALL LIABILITY BY REASON THE. EOF, BY PROVIDING INSURANCE AS 31 GET FORTH HEREINABOVE.
32 11. PUBLId AGENCIES. IT IS UNDERSTOOD THAT BOTH LESSOR AMD

LESSEE ARE PUBLIC AGENCIES IN THE TATE OF CALIFORNIA AND THAT THE

DERMOTT, MAXWELL
& HOOD -1-

ATYORHEYS AT LAW
7AE HENDOCINO AYE.

SANTA ROMA, CALIP.

LInKATY 2-10B2 11%:

EXECUTION OF THE HEREIN LEASE IS SUBJECT TO THE FORMAL ACTION OF THE RESPECTIVE LEGISLATIVE BODIES OF SAID PUBLIC AGENCIES AND sUB- 2 JECT TO THE LAWS OF THE STATE OF CALIFORNIA, RELATING TO CITIES AND TO FIRE PROTECTION DISTRICTS.
3 CITY' OF COTAT!
4 •i'i
MAYOR
ATTESTS Trip PResto
6 7
8 COTATI FIRE PROTECTION DISTRICT
10 ams. Clyde stilling inter organen. Pred
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
ERMOTT. MAXWEL
HOOt

ANA LAW
УдА MANDO AVK.

BANTA ROMA, CALIP.

LINKAYY 2-1982 -2-

1. file
TR 39 CO 12 DIV 37
Producer Code 12177

COMPANY

CALIFORNIA INSURANCE COMPANY
"MARKETING' HOME OFFICE
TES, INC.

CoLd Rose CA. 95402|7 SAN FRANCISCO, CALIFORNIA

MAR CALUCH CELYI
2300 783-2990

CALIFORNIA INSTITUTIONAL INSURANCE ADMINISTRATORS

DECLARATIONS A DIVISION OF CORROON & BLACK - SAN DIEGO
Previous
Ilem 1, Nomed Insured and Address Policy No . SP. 895-3807. Pol No SP. 875-0417 (No, Street, Town or Cily, Conly State) •••

COLATI FIRE PROTECTION DISIRICI
1 East Cotati Avenue Agent. CII.A
Cotati, CA 94928 P O Box 33328
Item 2 Policy Period (Ho Day Yr)
3580-5th Ave.

From July 1, 1988 To July 1, 1991
12 01 AM stondard time at location of property described San Diego, CA 92103-5082 Itar 3 The named insured Is A CALIFORNIA SPECIAL DISTRICT Item 4 loration of premises ANYWHERE IN THE STATE OF CALIFORNIA Item 5. Insurance is provided with respect to those premises described above and with respect to those coverages and kinds of property for which a specific limit of lobulity is shown, subyect to all of the lerms of this policy including forms and endorsements mode a port hereof Stum LIMIT OF PERIS

COVERAGE
Mo. LADMITY See Code(s) Below
268,494 B & C Blanket Buildings and Contents

PROPERTY

COVERAGE

TOF LIABILITY

LIABAITY

COVERAGE

SECTION
й #
Forms and endorsements it

INSTALLMENTS, PREMIE
3,551 3: SDLP (9/83), FD-2, SA-22
SDIL (7/83), -
Mortgager (NAME AND ADDRESS)
ON July 1, 1988
• Hutt eter 7/12/88/SH/1£

AN AUTHORIZED REPRESENTATIVE

IN WITNESS WHEREDF, THE COMPANY HAS CAUSED THIS POLICY TO BE SIGNED BY ITS UNDERSIGNED OFFICERS, BUT THIS POLICY SHALL

NOT BE VALID UNLESS COUNTERSIGNED ON THE DECLARATIONS PAGE BY A DULY AUTHORIZED REPRESENTATIVE OF THE COMPANY Darned Me Solas.

FORN #1X506 (12/84) Charman of the Board
-
Dor

EXCESS LIABILITY POLICY DECLARATIONS
Policy Number LC 878-2151 Renewal or Replacement of /NEW ITEM NAMED INSURED & ADDRESS ¡BURANCE MARK

COTATI FIRE PROTECTION DISTRICT ASSOCIATES, IN
1 East Cotati Avenue ad 907 Santa Ross. 2
(707) 548-2300
Cotati, CA 94928
2 POLICY PERIOD: Policy covers from July 1, 1988 _July 1, 1989 1201 A M. Standard Time at the Named Insured's address stated above.

3. COVERAGE IS PROVIDED BY California Insurance Company (a stock insurance company San Francisco, CA.
4 LIMITS OF INSURANCE - AS IN INSURING AGREEMENT IV (The Limits of Insurance are the amounts shown below)
(a) Each Occurrence Limit, including Defense Expenses $ 2,000,000 (b) Aggregate Limit, including Defense Expenses $ 2,000,000 5 UNDERLYING INSURANCE
(a) Policy Number SP 895-3807
(b) Policy Number N/A
6 ANNUAL PREMIUM IS PAYABLE
$ 2,885 _ in advance adjustable at a rate of N/A - per N/A + 29 CIGA Surcharge
7 First coverage dale
This insurance does not apply to any loss that occurs before the first coverage date; if any, shown above. (If no date is entered, first coverage date shall be the effective date shown in Item 2) POLICY JACKET, FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION:
1L502 (6/87), 1L500R1(1/88), CIIA-55(12/87)
Paul. Cuter

8. Date issued' -July 1, 1988 Countersigned by

AUTHORIZED REPRESENTATIVE
C.I.I.A.

Office Address _P.D. BOx 882288
City, State, ZIp San Diego. CA 92108-0046
THESE DECLARATIONS, TOGETHER WITH "EXCESS LIABILITY POLICY"; AND ENDORSEMENTS, IF ANY, ARE ISSUED

AS PART OF, AND IN THE COMPLETION OF THE ABOVE NUMBERED POLICY 7/13/88/SH/1F
1L501 5187)
LEASE
This Lease is made on
by and between the City of
corporation, hereinafter called "XESSOR, a municipar: 19- _ hereinafter called "LESSEE".

LESSOR leases to LESSEE and LESSEE hires from LESSOR the premises hereafter described under the following terms and conditions.

1. Premises.
by the cry "premises" are described Grant beed from ne state by Grant Deed from the State of california récorded in Volume
, Official Records, County, Page — These
premises are commonly known as:
as shown on the attached plot plan of the premises (Exhibit "A") and incorporated by this reference.

6. Compliance with Law.

LESSEE shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. LESSEE shall, at his sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition, use or occupancy of the premises, including structural changes not related to or affected by LESSEE'S improvements or The judgment of any court of competent jurisdiction or the admission of LESSEE in any action against LESSEE, whether LESSOR be a party thereto or not, that LESSEE has violated any law, statute, ordinance or governmental rule, regulation or
requirement, shall be conclusive of that fact as between the LESSOR and LESSEE. Within days after this Lease is signed by the LESSEE, he shall comply with all of the requirements of the City's Building and Fire Departments.

7. Alterations and Additions.

LESSEE shall not make or suffer to be made any alterations, additions or improvements to or of the premises or any part thereof without the written consent of LESSOR first had and obtained and any alterations, additions or improvements to or of said premises shall on the expiration of the term become a part of the realty and belong to the LESSOR and shall be surrendered with the premises. In the event LESSOR consents to the making of any alterations, additions or improvements to the premises by -I-

Page 2 ends

LESSEE, the same shall be made by LESSEE at LESSEE'S sole cost and expense, and any contractor or person selected by LESSEE to make the same must first be approved of in writing by the LESSOR Upon and with all due diligence at his sole cost and expense, repair any damage to the premises caused by such renoval.

8. Other Rights Reserved.

All oil, gas, and mineral rights are expressly reserved from this Lease.

9. Improvement to Building.

LESSEE shall comply with the Conditions of Major
Construction (1), below and shall commence and complete construction of improvements consisting of:

All fees normally imposed by LESSOR upon construction of such improvements shall be waived.

C. Al1 work shall be performed in a good and workmanlike manner, shall substantially comply with plans and specifications Losso, a hall submitted to LESSOR as required by this Lease, and shall comply with all applicable governmental permits, laws, ordinances and regulations. Upon completion, said addition shall become part of the premises and be subject to this Lease.

D. Conditions of major construction. Before any major work of construction, alteration, or repair (as defined in Paragraph 9(A)) is commenced on the premises, and before any building materials have been delivered to the premises by LESSEE or under LESSEE'S authority, LESSEE shall comply with all the following conditions or procure LESSOR'S written waiver of the condition or conditions specified in the waiver:
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Page 3 ends

(1)
DETER
conditional use requirements do not violate this
With the plans, LESSEE shall deliver to
LESSOR the certificate of the person or persons who
prepared the plans and specifications certifying that
LESSEE has fully paid for them or waiving payment and
waiving any right to a lien for preparing them.
(2) LESSOR shall not unreasonably disapprove preliminary plans and specifications. Approval or disapproval
shall be communicated in the manner provided for
notices, and disapproval shall be accompanied by
specification of the grounds for disapproval. LESSEE
shall not deliver working drawings to any governmental
body for a building permit until preliminary plans are
as in this paragraph. Following LESSOR'S
Ilrst or any subseguent disapproval, LESSEE may elect
(I) to submit revised plans and specifications or (2)
to give notice contesting the reasonableness of
LESSORS disapproval. A contest of reasonableness
Kesolved by the,
faith, within twenty (20) days of the date LESSEE
(3) Deliver to LESSOR the written approval of the plans andspecifications by the financial institution that
shall have made the commitment for financing the
construction, if any.
(4) LESSEE shall prepare final working plans and
to be within the scope of the preliminary plans if
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:

Page 4 ends

they are not substantial or if they are made to compli
rith suggestions, requests, or requirements of the
LESSOR or official in connection with the application
for permit or approval, and if they do not depart
she legrate are be a regrets i conferet
(5) Notify LESSOR Of LESSEE'S intention to commence a work of improvement at least ten (10) days before
commencenent of commencement of any such work or delivery of any materials. The notice shall specify the approximate
location and nature of the intended improvements.

LESSOR shall have the right to post and maintain on
the premises any notices of nonresponsibility provided
tot under applicable law, and to inspect the premises
in relation to the construction at all reasonable
times.
(6) Furnish LESSOR with a true copy of LESSEE'S contract with the general contractor and with evidence of the
general contractor's financial condition for LESSOR'S
approval. The contract shall give LESSOR the right
but not the obligation to assume LESSEE'S obligations
and rights under that contract if LESSEE should
default.

LESSOR may disapprove of the contractor and/or the
contract by notice given within ten (10) days
following delivery of the copy of the contract.
shall specify the grounds for disapproval.
shall not unreasonably disapprove and shall be
considered to have approved in the absence of notice
of disapproval given within ten (10) days after LESSEE
furnishes the contract and evidence specified above.
if LESSEE elects to act as general contractor,
reference above to contract and evidence shall be
considered to apply to the subcontractor of each
subcontract in excess of $3,500.00.
(7) Deliver to LESSOR true copies of all documents to
evidence the commitment of financing for any new
construction. "Financing" includes both the
construction (or interim) financing and the take- out
(also called permanent or long-term) loan. LESSOR may
require by notice that no construction commence until
the take-out financing is firmly committed but may
disapprove the financing only if it violates an
express provision of this Lease.
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Page 5 ends

(8) LESSOR shall have the right but not the obligation to assume LESSEE'S financing for any improvements on the
LESSEE shall cause the lender to execute
are documentation facilitative of this right.

LESSOR'S exercise of this right shall not constitute a
waiver of any other right LESSOR may have against
LESSEE, any surety or guarantor, or anyone else.
(9) Furnish LESSOR payment and performance bonds as
described below after LESSEE has complied with all the
foregoing conditions of major construction. The bonds
shall be that of a responsible surety company,
licensed to do business in California, in an amount
not less than 100% of the estimated cost of the
improvement and shall remain in effect until the
entire cost of the work shall have been paid in full
and the new improvements shall have been insured as
provided in this Lease. The bonds shall be in the
form attached hereto as Exhibit "C".
(10) LESSOR shall have the right to approve of the method of disbursing the construction loan funds during the
period of construction, if applicable.
(11) Deliver to LESSOR (1) certificates of insurance
evidencing coverage for "builder's risk," (2) evidence
of worker's compensation insurance covering all
persons employed in connection with the work and with
respect to whom death or bodily injury claims could be
asserted against LESSOR or the premises, and (3)
evidence that LESSEE has paid or caused to be paid all
premiums for the coverage described above in this
paragraph and any increase in premiums on insurance
provided for in Paragraph 14, sufficient to assure
maintenance of all insurance above during the
anticipated course of the work. LESSEE shall
maintain, keep in force, and pay all premiums required
to maintain and keep in force all insurance above at
all times during which such work is in progress.
(12) The provision to the City of all necessary permits from all governmental agencies having jurisdiction
over the work of improvement.

F. Lessee's Right to Grant Easements. LESSOR grants to
LESSEE the right to grant to public entities or public service corporations, for the purpose of serving only the premises, rights of way or easements on or over the premises for poles or conduits or both for telephone, electricity, water, sanitary or storm sewers or both, and for other utilities and municipal or special district services. Grants made under the authority of this provisions shall be limited to the period of time required to complete construction. -5-

Page 6 ends

Protection of Lessor Against Cost or Claim. LESSEE
shall pay or cause to be paid the total cost and expense of all works ot improvement, as that phrase is defined in the Mechanics' Lien Law in effect at the place of construction when the work begins. No such payment shall be construed as rent. LESSEE shall not suffer or permit to be enforced against the premises or any part of it any nechanic's, materialman's, contractor's, or subcontractor's lier arising from any work of improvement, however it may arise. However, LESSEE may in good faith and at LESSEE'S own expense contest the validity of any such asserted lien, claim, or demand, provided LESSEE has furnished the bond required in California Civil Code Section 3143 (or any comparable statute hereafter enacted for providing a bond freeing the premises from the effect of a lien claim).

LESSEE shall defend and indemnify LESSOR against all
liability and loss of any type arising out of work performed on the premises by LESSEE, together with reasonable attorney's fees and all costs and expenses incurred by LESSOR in negotiating, settling, defending, or otherwise protecting against such claims.

If LESSEE does not cause to be recorded the bond
described in California Civil Code Section 3143 or otherwise protect the property under any alternative or successor statute, and a final judgment has been rendered against LESSEE by a court of competent jurisdiction for the foreclosure of a mechanic's, materialman's, contractor's or subcontractor's lien claim, and if LESSEE fails stay the execution of the judgment by lawful means or to pay the judgment, LESSOR shall have the right, but not the duty, to pay ot otherwise discharge, stay, CEsSEE shall reimburse LESSOR Eor aLl the execution of any such judgment or lien or
by LESSOR under this paragraph, together with all LESSOR'S reasonable attorney's fees and costs, plus interest on those sums, fees, the
date of payment until the date of reimbursement.

Notice of Completion. On completion of any
substantial work of improvement during the term, LESSEE shall file or cause to be filed a notice of completion. LESSEE hereby appoints LESSOR as LESSEE'S attorney-in-fact to file the notice of completion on LESSEE'S failure to do so after the work of improvement has been substantially completed.
of improvement, LESSEE
plans or specifications made during the course of the work. LESSOR acknowledges that it is common practice in the construction industry to make numerous changes during the course of construction on substantial projects. Changes that do not substantially alter plans • and specifications previously approved by LESSOR do not constitute a breach of LESSEE'S obligations.
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Page 7 ends

Notice of Take-Out (Permanent) Financing. LESSEE shall LESSOR:
promptly deliver to
(1) Evidence that the supplier of any construction
financing has accepted or approved of the
completed improvements; and
(2) Evidence that the take-out (permanent) financin
• las been recorded and the funds properli
disbursed, together with copies of the note and
the encumbrance securing it.

R. Ownership of New Improvements During Term.
improvements constructed on the premises by LESSEE as pernitted by this Paragraph 9 shall be owned by LESSEE until the termination of this Lease. LESSEE shall not, however, remove any improvements from the premises nor waste, destroy, or modify any improvements on the premises, except as permitted by this Lease.

Ownership at Termination. All improvements
constructed on the premises by LESSEE as permitted by Paragraph 9, at the end of this Lease, or upon sooner termination of this Lease shall, without compensation to LESSEE, then become LESSOR'S property free and clear of all claims to or against them by LESSEE or any third person, and IESSEE shall defend and indemnify LESSOR against all liability and loss arising from such claims or from LESSOR'S exercise of the rights conferred by this paragraph.

M. No Encumbrances. LESSEE shall not pledge, place a
lien upon or encumber in any fashion whatsoever, the leasehold estate granted hereunder, the premises or any part thereof or the real property described in Exhibit "A".

10. Repairs.

LESSOR shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the premises or any part thereof, and the parties hereto affirm that LESSOR has made no representations to LESSEE respecting the condition of the premises or any part thereof and the parties hereto affirm that LESSOR has made no representations to LESSEE respecting the condition of the premises or any improvements located thereon.
17_

Page 8 ends

visible by persons located in any property other than on the premises.

11. Liens.

LESSEE shall keep the premises and the property in which the premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by LESSEE.

LESSOR may require, at LESSOR'S sole option, that LESSEE shall provide to LESSOR, at LESSEE'S sole cost and expense, payment and performance bonds in an amount equal to 100% of any and all estimated cost of any improvements, additions, or alterations in the premises, to insure LESSOR against any liability for mechanics' and materialmen's liens and to insure completion of the work.

12. Assignment and Subletting.

A. LESSEE shall not, without the prior written consent of the LESSOR, assign or hypothecate this lease or any interest herein or sublet the premises or any part thereof, or permit the use of the premises by any party other than LESSEE. Any of the foregoing acts without such consent shall be void and shall, at the option of LESSOR, terminate this Lease. This Lease shall not, not any interest herein, be assignable as to the interest of LESSEE by operation of law without the written consent of LESSOR •

13. Hold Harmless.

A. LESSEE shall indemnify and hold harmless LESSOR against and from any and all claims
che conduct of its business or from any activity, work, or other ching done, permitted or suffered by the LESSEE in or about the premises, and shall further indemnify and hold harmless LESSOR against and from any and all claims arising from any breach or default in the performance of any obligation on LESSEE'S part to be be performed under the terms of this Lease, or arising from any act or negligence of the LESSEE, or any officer, agent, employee, guest, or invitee of LESSED, and from all and against all costs, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, any action or proceeding brought against LESSOR by reason of any such claim, LESSEE upon notice from LESSOR shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR. -8-
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Page 9 ends

LESSEE, as a material part of the consideration to LESSOR, hereby assumes all risk of damage to property or injury to persons, in, upon or about the premises, from any cause other than LESSOR'S sole negligence, and LESSEE hereby waives all clains in respect thereof against LESSOR.

LESSOR or its agents shall not be liable for any damage to oroperty entrusted to LESSEE'S employees, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling any part of the buildings, the dock, the wharf, or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the sore negligence of LESSOR, its agents, servants or employees. LESSOR OI its agents shall not be liable for interference with the light or other incorporeal hereditaments, loss of business by LESSEE, nor shall LESSOR be liable for any latent defect in the premises or in the building. LESSEE shall give prompt notice to LESSOR in case of fire or accidents in the premises or in the building or of defects

14. Insurance.

A. LESSEE agrees to and shall at his own cost and expense procure and maintain during the entire lease term and any extension thereof comprehensive public liability insurance covering the leased vremises and their surrounding areas in an amount of $l million combined single limit and with such company or conpanies as shali be agreeable to LESSOR. Such public liability insurance shall (1) be procured from an insurer authorized to do business in California and approved by LESSOR; (2) provide primary and not excessive coverage; (3) name LESSOR as an additional insured: (4) waive subrogation rights, if any, which the insurer may have against LESSOR by reason of any claim, liability, loss, or expense as described in Paragraph 13 of this Lease: (5) require that LESSOR be given at least thirty (30) days' written notice before any such insurance can be cancelled or changed with respect to parties, coverage, or limits of liability; and (6) include cross-liability provisions. LESSEE shall, prior to commencement of the Lease term, deliver to LESSOR a certificate of insurance in the form attached as Exhibit "'" together with satisfactory evidence that the premiums have been paid, and before each expiration of any such insurance coverage during the Lease term and any extension thereof shall deliver to LESSOR satisfactory evidence that such insurance has been renewed and that the required premium or premiums therefor have been paid.
-9-

Page 10 ends

B. (I) Throughout the term, at LESSEE'S sole cost and expense, LESSEE shall keep or cause to be kept insured for the
improvements against loss or damage by fire and such
ther risks as are now or hereafter included in a
nalicious mischief The amount of the insurance shall
• e sufficient to prevent either LESSOR Or LESSEE fro
policies, but in no event shall the amount be less
than ninety percent (90%) of the then actual
replacement cost of said improvement, (herein called
FULL INSURABLE VALUE). LESSOR shall not carry any
insurance the effect of which would be to reduce the
protection or payment to LESSEE under any insurance
that this Lease obligates LESSEE to carry. If any
dispute whether the amount of insurance complies with
the above cannot be resolved by agreement, LESSOR may,
not more often than once ever six (6) months, request
the carrier of the insurance then in force to
determine the full insurable value as defined in this
provision, and the resulting determination shall be
conclusive between the parties for the purpose of this
paragraph.
(2) All the proceeds from the insurance prescribed by this Paragraph 12 shall be deposited with a mutually agreed
upon escrow holder to be applied by the escrow holder
for the repair, restoration, or reconstruction of any
improvements damaged or destroyed by the casualty
giving rise to the insurance claim. Said proceeds
shall be disbursed by the escrow holder in the same
manner as if the proceeds were a construction loan
from is titue de sense sal pay and escrow
(3) In the event LESSOR is given the authority
hereunder to elect not to restore, reconstruct or repair the damage done to said improvements and LESSOR exercises said election, the proceeds of said insurance shall be paid to LESSOR.
(4) Any insurance proceeds remaining after
reconstructing, repairing and/or restoring said improvement shall be the LESSEE'S sole responsibility.

If either party at any time during the term hereof
should fail to secure or maintain the foregoing insurance, the other party shall be permitted to obtain such insurance in the defaulting -10-
-
•

Page 11 ends

party's name or as the agent of the defaulting party and shall be

15. Subrogation.

As long as their respective insurers so permit, LESSOR and LESSEE hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. bach party shall obtain any special endorsements, if required by their insurer, to evidence compliance with the aforementioned waiver.

16. Services and Utilities.

At LESSEE'S sole cost, LESSEE shall provide electricity, heating, water and telephone service to the premises. LESSOR shall not be liable for, and LESSEE shall not be entitled to any reduction of rental by reason of any failure to furnish any of the foregoing. 18 At any time and from time to time but on not less than ten (10) Estoppel Certificate. days prior written request by LESSOR, LESSEE shall execute, acknowledge and deliver to LESSOR, promptly upon request, a certificate certifying (a) that this lease is unmodified, and in full force and effect; lor if there have been modifications, , that this Lease is in full force and effect, as modified, and stating the date and nature of each modification), (b) the date, if any, to which rental and other sums payable hereunder have been paid, (c) that no notice has been received by LESSEE of any default which has not been cured, except as to defaults specified in said certificate and (d) such other matters las may be reasonably requested by LESSOR. Any such certificate may be relied upon by any prospective purchaser, mortgagee or beneficiary under any deed of trust of the building or any part thereof.

20. Entry by Lessor.

Page 12 ends

entrance to the premises shall not be blocked thereby, and further providing that the business of the LESSEE shall not be interfered with unreasonably. LESSEE hereby waives any claim for damages or for any injury or inconvenience to or interference with LESSEE'S business, any loss of occupancy or quiet enjoyment of the premises, and any loss occasioned thereby. For each of the aforesaid purposes, LESSOR shall at all times have and retain a key with which to unlock all of the loors in, upon and about the premises, excluding LESSEE'S vaults, safes and files, and LESSOR shall have the right to use any and all means which LESSOR may deem proper to open said doors in an emergency, in order to obtain entry to the premises without liability to LESSEE except for any failure to exercise due care for LESSEE'S property.

Any entry to the premises obtained by LESSOR by and of said means, or otherwise shall not under any circumstances be construed or deemed to be a forceable or unlawful entry into, or a detainer of, the premises, or an eviction of LESSEE from the premises or any portion thereof.

22. Default.

The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by LESSEE:

A. The vacating or abandonment of the premises by LESSEE.

B. The failure by LESSEE to make any payment of rent or any other payment required to be made by LESSEE hereunder, as and when due where such failure shall continue for a period of three (3) days after written notice thereof by LESSOR to LESSEE.

C. The failure by LESSEE to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by LESSEE other than described in Paragraph 22(B) above, where such failure shall continue for a period of thirty (30) days after written notice thereof by LESSOR to LESSEE; provided, however, that if the nature of LESSEE'S default is such that more than thirty (30) days are reasonably required for its cure, then LESSEE shall not be deemed to be in default if LESSEE commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion.

D. The making by LESSEE of any general assignment ox
general arrangement for the benefit of creditors: or the filing by or against LESSEE of a petition to have tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against LESSEE, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of LESSEE'S assets located at the premises or of LESSEE'S interest in this Lease, where possession is not restored to LESSEE within thirty -12.-

Page 13 ends

(30) days; or the attachment, execution or other judicial seizure of substantially all in this tige, whee such setzure be not dischargec 'ESSEE'S interest in this Lease
in thirty (30) days.

23. Remedies in Default.
and of note Late la Season: da the exercise dha AgRe oF Pericand which LESSOR may have by reason of such default or breach:

Terminate LESSEE'S right to possession of the premises by giving LESSEE notice of termination, in which case this Lease shall terminate and LESSEE shall immediately surrender possession of the premises to LESSOR. In such event LESSOR shall be entitled to recover from LESSEE all damages incurred by LESSOR by reason of LESSEE'S default including, but not limited to, the cost of recovering possession of the premises; expenses of reletting, including necessary renovation and alteration of the premises, reasonable attorney's fees, any real estate commission actually paid; the worth at the time oi award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss tor the same period that LESSEE proves could be reasonably avoided; that portion of the leasing commission paid by LESSOR and applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of twelve percent (12%) per annum. In the event LESSEE shall have abandoned the premises, LESSOR has the option of (a) taking possession of the premises and recovering from LESSEE the amount specified in this paragraph, or (b) proceeding under the provision of the following paragraph 23(B).

Maintain LESSEE'S right to possession, in which case this Lease shall continue in effect whether or not LESSEE shall have In such event LESSOR shall be entitled to
enforce all of LESSOR'S rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder.

C. LESSOR may at LESSOR'S election use LESSEE'S personal property and trade fixtures or any of such property and fixtures without compensation and without liability for use or damage, or store them for the account and at the cost of LESSEE. The election of one remedy for any one item shall not foreclose an election of any other remedy for another item or for the same item at a later time. -13-

Page 14 ends

24. Notice of Lessor's Default; Lessee's Waiver.

LESSOR shall not be considered to be in default under this Lease unless (I) LESSEE has given notice specifying the default and (2) LESSOR has failed for thirty (30) days to cure the default, if it is curable, or to institute and diligently pursue reasonable corrective or ameliorative acts for LESSEE shall have the
right of termination for LESSOR'S default only after notice to and consent by all mortgagees under mortgages then existing under provisions of this Lease relating to purchase or construction of inprovements• LESSEE waives the protections of Civil Code Sections 1932 and 1933.

25. _Eminent Domain.

Il lore than twenty-five percent (258) of the premises
shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain, either party hereto -14-
:
i
shall have the right, at its option, to terminate this Lease, and LESSOR shall be entitled to any and all income, rent, award, or any interest therein whatsoever which nay be paid or made in connection with such public or quasi-public use or purpose, and LESSEE shall have no claim against LESSOR for the value of any unexpirad tern of this Lease. If nore than twenty-five percent (25%) OI the premises is taken, and neither party elacts to terminate as herein provided, the rental thereafter to be paid nall be equitably reduce. If any part of the real property lescribed in Exhibit "A" may be so taken or appropriatea, LESSO:
shall have the right at its option to terminate this lease and shall be entitled to the entire award as above provided.

B. If twenty-five percent (25ł) or less of the premises is taken, LESSEE shall have the right to elect to terminate this Lease. If LESSEE elects not to terminate this Lease because of said taking (25% or less), the rental thereafter to be paid shall not be reduced or abated.

26. Access.

LESSEE shall have access to the premises twenty-four (24) hours each day.

27. General Provisions.

Plats and riders. Clauses, plats and riders, if any,
signed by the LESSOR and the LESSEE and endorsed on or affixed to this Lease are a part hereof.

B. waiver. Ine waiver Dy LESSOR or any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other teri, covenant or condition herein contained.

The subsequent acceptance of rent hereunder by LESSOR shall not be deemed to be a waiver of any preceding breach by LESSEE of any term, covenant or condition of this Lease, other than the failure of the LESSlE to pay the particular rental so accepted, regardless of LESSOR'S knowledge of such preceding breach at the time of the acceptance of such tent.

C. Notices. All notices and demands which may or are to be hereunder shall be in writing. All notices and demands by the the LESSOR. to the LESSOR
shall be sent by United States mail, postage prepaid, addressed to che City of Cotati i City Manager, 201 West Sierra Avenue, Cotati, CA 94931, or to such other person or place as the LESSOR may fron H\K3038 -20- Rev. 3/88
E.
titles to the paragraphs of this Lease are not a part of this The narginal headings and paragraph Lease and shall have no effect upon the construction oI interpretation of any part hereof.

Time. Time is of the essence of this Lease and each
and all of its provisions in which performance is a factor.

G. Successors and Assigns. The covenants and conditions herein contained subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto.

Recordation. Neither LESSOR nOI LESSEE shall record
this Lease or a short form memorandum hereof without the prior written consent of the other party.

I. Quiet Possession. Upon LESSEE paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on LESSEE'S part to be observed and performed hereunder, LESSEE shall have quiet possession of the premises for the entire term hereof, subject to all of the provisions of this Lease.

K. Prior Agreements. This Lease contains all of the
agreements of the parties hereto with respect to any natter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective No provision of this Lease nay be amended or
added to except by an agreement in writing signed by the parties hereto or their respective guccessors in interest. This Lease shall not be effective or binding on any party until fully executad by both parties.

L. Inability to Perform. This Lease and the obligations of the LESSOR hereunder shall not be affected or impaired because the LESSOR is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by f l Isason of strika, labor troubles, acts of God, or any other cause beyond the reasonable control of the LESSOR.

Attorney's fees. In the event of any action or
proceeding, including arbitration, brought by aither party against the other under this Lease, the prevailing party shall be entitled to recover all costs and expenses, including the fees of its attorneys in such action or proceeding in such amount as the court or arbitrator may adjudge reasonable as attorney's fees.

N. Sale of Premises by Lessor. In the event of any sale of the building or premises, LESSOR shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale: and the purchaser, at such sale or any subsequent sale of the premises shall be deened, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of the LESSOR under this Lease.

0. Subordination, Attornment. Upon request of the LESSOR, LESSEE will in writing subordinate its rights hereunder to the Ilen of any first mortgage, or first deed of trust to any bank, Insurance company or other lending institution, now or hereaftar in force against the land and building of which the premises are a part and to all advances lade or hereafter to be made upon the security thereot. In the event any proceedings are brought for foreciosure, or in the event of the exercise of the power of sale inder any mortgage or deed of trust nade by the LESSOR covering the premises, the LESSEE shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the LESSOR under this Lease. The provisions of this paragraph to the contrary notwithstanding, and so long as LESSEE is not in default hereundei, this Lease shall remain in full force and effect for the full term thereof.

Separability. Any provision of this Lease which shall
prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full force and effect.

Cumulative Remedies. No remedy or election hereunder
shall be deemed exclusive but shall, wherever possible, be cunulative with all other remedies at law or in equity.

S. Choice of law. This Lease shall be governed by the
State in which the premises are located.

Signs and Auctions. LESSEE shall not place any sign
upon the premises of building or conduct any auction thereon without IESSOR'S prior written consent.

U. Lessee's Duty to surrender. At the expiration or earlier termination of the term, LESSEE shall surrender to LESSOR the possession of the premises. Surrender or removal of improvements fixtures, trade fixtures, and improvements shall be as directed in provisions of this Lease on ownership of improvements at termination. LESSEE shall leave the surrendered premises and any other property in good and broom-clean condition except as provided to the contrary in provisions of this Lease on maintenance and repaii ot improvements. All property that LESSEE is required to surrender shall become LESSOR'S property at termination or the Lease. All property that LESSEE is not required to surrender but that LESSEE does abandon shall, at LESSOR'S election, pecome LESSOR'S property at termination.

If LESSEE fails to surrender the premises at the
expiration or sooner termination of this Lease, LESSEE shall defend and indemnify LESSOR fIon all liability and expense resulting from the delay or failure to surrender, including, without limitation, claims made by any succeeding LESSEE founded on or resulting from LESSEE'S failure to surrender.
•...
•

LESSOR/CITY OF
DATE:

Mayor
LESSEE/.

DATE:_
President
Approved as to form:

City Attorney
E\K1038 -23- Rev. 3/88
- - -- - - -

COTATI TIRE PROTECTION I DISTRICT
BUS PHONE 1 EAST COTATI AVENUE IRE PHON
795-5455 COTATI CALIFORNIA 94928 95 5454
May 17, 1989
MAY 17 198:

City Council
City of Cotati
201 West Sierra Avenue
Cotati, CA 94931
Dear Council Members.

The Board of Directors of the Cotati Fire Protection District are requesting an extension of the existing lease agreement on the land located at #l East Cotati Avenue, Cotati for a period of 45 years.

The district is about to begin construction on the new addition to the station and would like to finalize the lease agreement as soon as possible.

Thanking you in advance, i remain,
Very truly yours,
Haroldhothet
Harold Grif&ith, Secretary/Clerk
Board of Directors :

Cotati Fire Protection District
HRG/ps
-

CITY MANAGER - STAFF REPORT
NO.: VIII.A.4.

DATE: June 13, 1989
SUBJECT: Request for Extension of Existing Lease for 1 East Cotati Avenue - Cotati Fire Protection District
• The City is in receipt of a request from the Board of Directors of the Cotati Fire Protection District to extend the existing lease agreement for land located at 1 East Cotati Avenue for a period of 45 years.

The original and presently existent lease began April 1, 1965 and was for a period of 50 years. The rental rate provided $1.00 per year. The premises are leased for the exclusive purpose of the Cotati Fire Protection District, including fire stations and allied uses.

The Fire Protection District requested a lease extension in 1987 at which time they were considering remodeling of the facility. The lease extension was not granted at that time; however, permission was granted to provide for remodeling of the facility. Partial remodeling has been completed in order to facilitate storage of a ladder truck. Substantial additional construction is about to begin in accordance with plans that have previously been reviewed by the City Council, Planning Conmission and Design Review Committee.

Staff recommends that prior to any extension of the lease, an upgrading of the agreement be provided - specifically, the City Attorney has requested that the insurance paragraphs be brought into conformance with the form lease provisions that are recommended by REMIF, and that the amounts of insurances to be provided be specified. It is recommended that the Council appoint à subcommittee of two Councilmembers to meet with representatives of the Cotati Fire Protection District to update the existing lease and provide for a period of extension if felt to be applicable.

RLJ: sia
Agn\Lease. FPD (b)
......

COTATI' IRE PROTECTION LISTRICT
BUS PHONE 1 EAST COTATI AVENUE FIRE PHONE
795-5455 COTATI, CALIFORNIA 94928 795-5454
May 17, 1989

RECEIVED
MAY 17 1989
City Council :

City of Cotati
201 West Sierra Avenue
Cotati, CA 9493!
Dear Council Members:

The Board of Directors of the Cotati Fire Protection District are requesting an extension of the existing lease agreement on the land located at #1 East Cotati Avenue, Cotati for a period of 45 years.
he district is labout to begin construction on the new additio • the station and would like to finalize the lease acreement a soon as possible.

Thanking you in advance, I remain,
Very truly yours,
Harold Luffel
Harold Griffith Secretary/Clerk
Board of Directors
Cotati Fire Protection District
HRG/ps
: CITY OF COTATI
:

Post Office Box 428, Corati, California 94928
Telephone (707) 795-5478
i
TO:

FROM: Coral A to Beacon berter Request to Bitend are
RE:
with City on Fire District Facility located at 1 East
DATE:

I have had a conversation today with Mr. Jeffrey Walter, Cotati City Attorney, regarding the proposed extension of the lease with the Cotati Fire District fire station.

I. Extension of the lease would be conmitting the property site to this particular land use for an additional 27
years (beyond the 23-year lease which already exists).

The City has no specific plans as yet developed for the It is Jeffrey's opinion that a new extension
should to11oW the development of a downtown plan, not
precede it.

2. It was Jeffrey's opinion that the City should review some very specific plans regarding the specific
construction before the City approves a lease extension.

Although this is a non-legal requirement, it is
Jeffrey's opinion that such a course of action would be prudent.|

3. An extended lease builds additional value into the
Therefore, if the City extended the lease
und there was a desire to condemn the property in th The dorite future, the action of extending the lease would cost the city money.

4. year lease.
i paying much more for this property.

5. Request 15 not Complete enough thate 1s a0 pa 15100
There is no provision
regarding insurance coverage.

DAD: rig
\PLANNING\ CITYMNGR. CRS \FIRELS. EXT
_-
9/28
10 am Aloudy
per telecan 9/25
i CITY OF COTATI
i Post Office Box 428, Corati, California 94928
Telephone (707) 795-5478
:

September 24, 1987
Chief Robert Rippir
'otati Fire Protection Districi
*1 fast Cotati Avenue
Cotati, CA 94928
Dear Bob,
at its September 22, 1937 regular neeting considered the re- As you are the City Council of the City of Cotati quest provided by Harold R. Griffith, Secretary to the Cotati Fire Protection District, for extension of the existing lease on land in which the headquarters fire station is presently constructed. That request was presented in the form of a letter dated September 14, 1987.

Alter substantial discussion, City Council asked that staff meet with representatives of the Cotati Fire Protection District to develop all issues related to the request and ramifications as they would impact both the Cotati Fire Protection District and the City of Cotati.

Please advibe me as soon as possible on a date and time that you would be available to meet with me and Director of the proposed reconstruction of the
I would hope that we would be able to schedule this meet- ng as soon as possible in order to facilitate the express re uest of Harold Griffith that this matter go forward as quickl as possible.
truly yours,
: sound floh.
.. Johnsen
City Manager
RIJinfs
cc: Director of Planning Dorch
bec:City Council
--

COTATI FIRE PROTECTION DISTRICT
BUS. PHONE 1 EAST COTATI AVENUE RE PHON
795-5455 COTATI, CALIFOANIA 94928 35.5454
September 14, 1987

RECEIVED
SEP 1 5 1987
City Council
City of Cotati CITY UF COTATI
201 West Sierra Avenue CITY MANAGER/CITY CLERK
cotati, CA 94928
Dear Council Members:

The Cotati Fire Protection District is planning to do extensive remodeling to their existing fire station located on The Plaza in the near future. Therefore, the directors of the Cotati Fire Protection District are requesting that the City of Cotati extend he term of the existina land lease for a seriod of 27 years with expiration date of April 2037.

This extension of the lease will enable the district to expand their facilities and help maintain the growth of our city. Your immediate attention to this matter would be greatly appreciated.

Sincerely,
Herold sillth
Harold R. Griffith, Secretary
Cotati Fire Protection District
HRG/ps
..... urst
2 THIS LEMÕE EXECUTEO IN DUPLICATE ON _ APRIL → 1965,
3 BETWEEN THE CITY OF COTATI, A MUNICIPAL CORPORATION, HEREINAFTER 4 DESIGNATED AS LESSOR, AND THE COTATI FIRE PROTECTION DISTRICT, 5 HEREINAFTER DESIGNAIED AS LESSEE•
6 7 IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. DESCRIPTION OF PREMISES• THE LESSOR HEREBY LEASES TO THE

LESSEE, ON THE TERMS AND CONDITIONS HEREINAFTER SET FORTH,

CERTAIN PREMISES IN THE CITY OF COTATI, CONSISTING OF THAT CERTALI ARCEL OF LAND BOUNDED BY EAST COTATI AveNue, ROBLAR AVENUE ANC 101 THE PLAZA AND MORE PARTICULARLY DESIGNATED AS ASSESSOR'S PARCEL 144-276.
11 THE TERM OF THE WITHIN LEASE SHALL BE FOR A PERIOD
TERM.
12 OF FIFTY YEARS : (50) COMMENCING APRIL L, 1965.
13 3. RENT. THE RENTAL SHALL BE AT THE RATE OF $1.00 PER YEAR PAYABLE YEARLY IN ADVANCE• RENTAL SHALL BE PAID TO LESSOR AT 14 P= 0. Box 295, GOTATI, CALIFORNIA.
15 4. USE. THE PREMISES ARE LEASED TO THE LESSEE FOR THE PUR-

POSE OF USES OF THE COTATI FIRE PROTECTION DISTRICT, INGLUDING 16 FIRE STATIONS AND ALLIED USES.
17 UTILITIES• LESSEE SHALL PAY FOR ALL UTILITIES SUPPLIED TO SAID PREMISES.
18 6.
19 SAID PREMISES AND APPURTENANCES IN GOOD AND SANITARY ORDER, CON- 20 INCLUDED IN THE LEASED PREMISES.
21 ALTERATIONS AND IMPROVEMENTS• LESSEE SHALL NOT MAKE ANY

ALTERATIONS ON THE PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF 22 THE LESSOR.
23 8. ASSIGNMENT OR SUBLETTING. LESSEE SHALL NOT ASSIGN THIS

LEASE OR ANY RIGHT HEREUNDER NOR SUBLET THE PREMISES NOR ANY PART 24 THEREOF WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR. 25 LIABILITY INSURANCE• LESSEE FURTHER AGREES TO TAKE OUT

AND KEEP IN FORCE DURING THE LIFE HEREOF AT LESSEE'S EXPENSE, PUBLIC LIABILITY INSURANCE TO PROTECT AGAINST ANY LIABILITY TO THE PUBLIC|

INCIDENT TO THE USE OR RESULTING FROM ANY ACCIDENT OCCURRING IN OR 27 ABOUT SAID PREMISES.
28 10. LESSOR IS TO BE HELD HARMLESS FROM LITIGATION. LESSEE AGRE

THAT IF LESSOR IS INVOLUNTARILY MADE A PARTY DEFENDANT TO ANY LITI- 29 GATION CONCERNING THIS LEASE, OR THE PREMISES OF WHICH THE LEASE OR A PART BY REASON OF ANY ACT'OR OMISSION. OF LESSEE AND NOT BECAUSE OF 30 ANY ACT OR OMI 3ION OF LESSOR, LESSEE SHALL HOLD HARMLESS THE LESSOR

FROM ALL LIABILITY BY REASON THE EOF, BY PROVIDING INSURANCE AS 31 SET FORTH HEREINABOVE•
32 11. PUBLIC AGENCIES. IT IS UNDERSTOOD THAT BOTH LESSOR AMD

LESSEE ARE PULIC AGENCIES IN THE STATE OF CALIFORNIA AND THAT THE DERMOTT. MAXWILL
& HOOD -1-

ATTORNKYR AT LAW

EXECUTION OF THE HEREIN LEASE IS SUBJECT TO THE FORMAL ACTION OF

THE RESPECTIVE LEGISLATIVE BODIES OF SAID PUBLIC AGENCIES AND SUB- 2 JECT TO THE LAWS OF THE STATE OF CALIFORNIA, RELATING TO CITIES AND TO FIRE PROTECTION DISTRICTS.
3 CITYÍGE COTATIM
By Hab
5 MAYOR
6 7
8 COTATI FIRE PROTECTION DISTRICT
•
10 ArEsT. Clyde A Skilling
11 12
13 14
15 16
17 18
19 20
21 22)
23 24
25(
26 27
28 29
30 31/l
-

CITY OF COTATI

RECEIVED
AUG 21989

CITY OF COTATI

CITY MANAGER/CITY CLERK
July 31, 1989
:

FAX 542-2358
Mr. Lawrence MoLaughiin, Esq.
900 College Avenue, Ste. B
Santa Rosa, CA 95404
RE: Cotati Fire Protection District Lease
Our File: Contracts/Tabbed/3.8
Dear Larry:

The following • language should be inserted at paragraph 5(B) of the above-referenced lease:
"Neither Iessee nor, to the best of Lessee's knowledge
on nar or apart ting in a see or emper to or s
premises explosives, asbestos,
other materials
For the
Please provide this additional language to your client fo:
its review. After your client's consideration of the leas document, in its entirety, and all changes (if any) have been 201 West Sierra Avenue, Corati, CA 94931-4217
Telephone (707) 795-5478 Telecopier (707) 795-7067
•
Mr. Lawrence McLaughlin, Esq.

Page 2 ends

July 31, 1989
agreed upon at staff level, I Will incorporate same into a final version to be presented to the City Council.

Sincerely yours,
WAITER & PISTOLE, a p.c.
"ity Attorney
JAW: ac
1241CA
cc: Randy Johnsen
Please respond to: 2455 Bennett Valley Rd., Suite 302B, Santa Rosa, CA 95404; (707) 523-0732.
!
........

CITY MANAGER - STAFF REPORT
NO.: XIII:A.2.

DATE: August 8, 1989
SUBJECT: Request Direction Regarding LaPlaza Right of Way In completing update of the lease of the Cotati Fire
rotection District 'and review of building plans for the improve fire station, Acting City Engineer Jim Mitchell pointed out a possible problem, or at least a situation that needs to be addressed.

The LaPlaza area is established by maps that were filed in the 1890s. There ane no dimensions, as you can see on the attached map. Nevertheless, engineers viewing the map extrapolate that the 80-foot right-of-way that is preserved for the streets coming into the Hub is the same right of way preserved for LaPlaza, which is the street surrounding the inner Hub.

The likelihood that the City will ever create a street with an 80-foot right-of-way is not good. Staff is recommending that the Council direct the City Engineer to provide for a 60-foot right-of-way and a 40-foot street, curb-to-curb in the LaPlaza inner Hub. This would seem to be more in keeping with the nature of the existing Hub 'and what is perceived to be the future of the Hub.
curb-to-curb, the problem with approving the Cotati Fire permit or a variance.

It is also requested the City Engineer be directed to provide a record of survey for the property that will be leased to the Cotati Fire Protection District, as such a description of the land leased has never been actually available and filed with the previous lease. It is estimated that the work suggested will cost approximately $2,000.

RECOMMENDATION:

City Council move to direct City Engineer to provide for record of survey for property to be leased to the Cotati Fire rotection District for an amount not to exceed $2.|
his amount be taken from the contingency account; and can that direct that appropriate actions be filed by staff to designate City Manager - Staff Report
Re: LaPlaza right-of-way
August 8, 1989

Page 2 of 2 ends

that the right-of-way for LaPlaza in the Hub area will be 60-foot, and the eventual street construction width will be 40-toot, curb- to-curb.

RLJ:cr
Agn\LaPlaza-CM. (A)
....

July 25, 1989
Mr. Dennis Dorch
Director of Planning
City of Cotati
P.O. Box 428
Cotati, CA 94928
Reference: COTATI FIRE PROTECTION DISTRICT BUILDING-

LA PLAZA
Dear Dennis:

As I was preparing to sign the plans for the above project, it occured to me that the proposed building was encroaching on the La Plaza right-of-way. As per our conversation, I did not feel it was appropriate for me to approve this and have requested • the Engineer to advise the fire District to apply for an Encroachment Permit. All public improvements are outside of the proposed building area, the only concern is the building being located within the street right-of- The right-of-way is eighty feet in width and is being
treated as though it were sixty..

At this time, I can still sign the improvement plans, but not endorse the location of the building.

Very truly yours,

MITCHELL & HERYFORD
S. Mitchell, RCE
JSM/ch
file 32-48

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CITY OF COTATI

INTEROFFICE MEMORANDUM
August 30, 1990
TO: Jeffrey A. Walter, City Attornex
FROM: Randy I. Johnsen, city Manager K
SUBJECT: Participation Agreement
If you would like
REJ: CI
ce: Agenda Drawer
Cotati Fire District/Agreement File
Redevelopnent Agreement File
Mg=\CFPDRede. [b]
201 West Sierra Avenue, Corati, CA 94931-4217
Telephone (707) 795-5478 Telecopier
(707) 795-7067

HOMELESS PREVENTION CHOUP

OF COTATI, ROHNERT PARK,
AND PENNGROVE AREA, ING.
( - 183 EAST COTATI AVE.

COTATI, 'CA. 94931 (707) 795-4889

RECEIVED
AUG 13 1990
Cotat! City Council
City of Cotati CITY OF COTATI
201 w Sierza Ave. CITY MANAGER/CITY CLERK •
Cotati, CA 94931
- August 15,1990
-- =
Deax Ms. Mayor and Council Members:

When the HOMELESS PREVENTION GROUP was organized In 1989 under the auspices of the City of Cotatt, the amount of $ 2000.00 (two thousand dollars) was allocated to this new group.

This sum was left over from an allocation by the City of Cotatl to the Community Services Comdasion of IT 1988/89 and not clatmed by any Service Organtzatton for their reeds-
-
At that time the City of Cotati stipulated that this money be held by the City untll such time that the HPG has effectively began to function.

As of July 1,1990 we offictally have started to assist people of this area .

Through the good offices of Jeffrey Walter, Attorney for the CIty of Cotatt, • we have begun the Incorporation proceedings as well as the establishment of our group as a non-profit organization.

As per our arrangement with the City of Cotatl all montes derived from the City will exclusively be used for the beneflt of the needy clitzens of Cotati.

Therefore, ve respectfully request that this Item be put on the next agenda of the City Council meeting for August 28, 1990.

Sincerely, Yours, amout to be take pros
Tura Redentment , recermi
Henry H. Fahs, Secretary Nami, set ande.

Homeless Prevention Group. from Ar the hey dont y elijible ti ( 20%
ce: George Russell, Chatimaz
Ralph Jones, Chlef Financial Officer mon,is have non-profit status! •

CITY OF COTATI
10/5/90
Harlene -
Cotati RedevelOpment geney owner Particle non Agreed in to the h5554ck) and the pages which are changed faxed back to us as soon as possible. Thanks!
* 92, page 2
Whereas, the District leases a parcel of property as
shown on the RECORD OF SURVEY filed January 29, 1990 in Book 451 * Portion f top of page 4
prior to December 31, 1991.
* Page 6
If to the District: otati Fire Protection Distric
Attention: President
1 East Cotati Avenue
Cotati, CA 94931
* Page 1
When recorded return to:

Randy L. Johnsen
Executive Director
City of Cotati Redevelopment Agency
201 West Sierra Avenue
Cotati, CA 94931-4217
201 West Sierra Avenue, Cotati, CA 94931-4217
Telephone (707) 795-5+78 Telecopier ( 707) 795-7067
;
- Recording Requested By:

COTATI RÉDEVELOPMENT AGENCY
When Recorded Return To:

DENNIS A. DORCH

DIRECTOR OF PLANNING

CITY OF COTATI
201 WEST SIERRA AVENUE
COTAII, CA 94931
(Space Above For Recorder's Use)

COTATI REDEVELOPMENT AGENCY

OWNER PARTICIPATION AGREEMENT
(Cotati Fire Protection District)
This Owner Participation Agreement (the "Agreement") is entered into this day of october 1990, by and
between the Cotati Redevelopment Agency, a public body, corporate and politic, duly organized and existing pursuant to the Community Redevelopment Law of the State of California
(hereinafter referred to as the "Agency"), and the Cotati Fire Protection District (hereinafter referred to as the "District") and is entered into by the parties hereto with reference to the following facts:

RECITALS
WHEREAS, the Agency is authorized and empowered by the
Community Redevelopment Law, Chapter 1 of Division 24 of the california Health and Safety Code, as amended, (the "Law"), to permit owner participation in the redevelopment of real property; to enter into agreements for the acquisition, disposition and development of property or to otherwise assist in the
redevelopment of real property within a redevelopment project area or outside of a redevelopment project area and of benefit to the redevelopment project area conforming with a redevelopment plan adopted for such area; to acquire real and personal property in redevelopment project areas; to receive consideration for the providing of redevelopment assistance; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and to incur indebtedness to finance or refinance redevelopment projects; and
h5554ck
WHEREAS, the Redevelopment Plan for the Cotati Redevelopment Project (the "Redevelopment Plan") has been approved and adopted by the City of Cotati, California, ("the City") by Ordinance No. 461, dated December 31, 1986; and
WHEREAS, the District leases a parcel of property totalling approximately — acres, generally described as Assessor's Parcel No. ., and located at
(the "Property"); and
WHEREAS, in order to enhance the value of the Property as well as to assist in improving the public thoroughfares, streets and roads of the City of Cotati and to develop same in a manner consistent with the Redevelopment Plan, the District, at its own cost, intends to construct or cause the construction of certain public roadway and drainage system improvements in the city right of way and adjacent to the Property (the "Project"), all as more fully described in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, the cost of the Project is estimated to be
approximately $49,793.00; and
WHEREAS, by agreement entered into on June 9, 1987, between the Agency and the District, the Agency agreed to reimburse the District for construction and other improvement projects undertaken by the District consistent with the Redevelopment Plan and to pay for said costs at such time as they are incurred by the District; and
WHEREAS, in order to facilitate the development of the
Property in a manner consistent with the Redevelopment Plan, the Agency intends to assist the District in completing the Project by contributing to the District an amount not exceeding $56,307.21; and
WHEREAS, the District's obligation to undertake the Project and complete the project and the Agency's agreement to assist in paying a portion or all of the costs of the Project will benefit the area subject to the Redevelopment Plan by eliminating a blighted condition within the Project Area (as defined in the Redevelopment Plan), Will facilitate development of the Property and the affected public rights of way in a manner consistent with the Redevelopwent Plan, and will encourage economic growth and revitalization within the Project Area; and
WHEREAS, the District is a "Participating Owner" within the meaning of the rules adopted by the Agency to implement its participating owner program and within the meaning of the Law; h5554ck 2
building permits for all facilities comprising the Project (and its payment of all applicable City Fees) and (ii) the filing of a notice of completion for all of the Project shall be satisfied prior to - 1991. The District appoints the
Agency as the former's attorney in fact for the purpose of executing, filing and recording said notice of completion. upon completion, the improvements of which the Project consists, shal:
ecome the sole property of the City and the District shall, by resolution, offer to dedicate same by an instrument whose form must be approved by the City Attorney.

Section 4. Agency Contribution.

Subject to the conditions and pursuant to the terms set forth in this section 4, the Agency hereby agrees to assist the District in the completion of the Project by contributing ar amount to the District not to exceed $56,307.21 to be used to partially or wholly reimburse the District for the actual costs it incurs in constructing the Project. The Agency Contribution shall only become an obligation of the Agency upon (a) the issuance by the Agency of a notice of completion for the Project and the Agency's receipt of invoices showing the nature of the work done and the costs thereof incurred by the District. The Agency Contribution shall be made by payment to the District within thirty (30) days of submission to and approval by the City Engineer, of invoices received from the District evidencing work completed on the Project up to an amount, in the aggregate, equal to the Agency Contribution. Any and all costs associated with the Project over and above • the Agency Contribution shall be paid by the District. In connection with the completion of the Project, the District agrees to comply with prevailing wage requirements for public works and to initiate public bidding procedures in accordance with State law and City or Agency procedures for that portion of the Project paid for by the Agency Contribution.

Section 5. Sale or Transfer of the Property: Defaults.

The Participating owner shall not sell, lease, transfer, convey or otherwise dispose of all or a portion of the Property prior to completion of the Project, as certified in writing by the City's Engineer, unless (a) the sale, lease, transfer, conveyance or other disposition specifically provides for the continued and exclusive use of the Property in accordance with all the terms and conditions of the Redevelopment Plan, and (b) the District shall have first obtained the written consent of the Agency for such sale, lease, transfer, conveyance or other disposition, which consent shall not be unreasonably withheld.

Such consent shall be conditioned upon the receipt by the Agency of evidence satisfactory to the Agency, solely in its
determination, that the purchaser, lessee or transferee of all or any portion of the Property has assumed in writing and in full h5554ck 4
the address hereinafter set forth, whereupon service shall be deemed complete and notices and demands shall be deemed to have Hey 10 che a ron is Due de une rate in With a ne 10
mailed, with return receipt requested, addressed as follows:

It to the Agency: Cotati Redevelopment Agency
201 West Sierra Avenue
Cotati: CA 94931
Attention: Chairman
with copy to: Jeffrey A. Walter
Walter & Pistole, a p.c.
2455 Bennett Valley Rd., Ste. 201B
Santa Rosa, CA 95404
If to the District:

In case of service by mail, service shall be deemed complete and notices and demands shall be deemed to have been received at the expiration of the third calendar day after the date of malling, notwithstanding any other date for receipt set forth on any return receipt or the failure of any party to receive a return receipt. The address to which notices and demands may be delivered or sent may be changed from time to time by service of notice as hereinabove provided by any party upon the other party.

Section 9. Applicability of Laws and LItigation Costs.

This Agreement shall be construed and enforced in accordance with the laws of the State of California. Should any action be brought in any court of competent Jurisdiction, the prevailing party in such action shall be entitled to reimbursement by the other party for all reasonable attorneys' fees, court costs and other costs related to such litigation.

Section 10. Nondiscrimination. The District agrees that, in addition to the other provisions set forth in this Agreement, every conveyance of the Property, in whole or in part, to the extent as permitted pursuant to this Agreement, shall, in addition to any other covenants, contain covenants on the part of the District, for Itself, its successors and assigns of the Property and which covenants shall be covenants running with the land and shall bind the District, its successors and assigns and all persons claiming under or through it to effectuate the following:
h5554ck 6

CITY OF COTATI
October 4, 1990
Randy Johnsen
City of Cotati
201 West Sierra Avenue
Cotati, CA 94931-4217
RE: Owner Participation Agreement with the Cotati Fire
Protection District for Street Improvements.
our File: Redevelopment Agency Tabbed 1-2
Dear Randy:

Enclosed please find my draft of the Agency contributior agreement with the Cotati Fire Protection District. You will -note thing the and take made mated is to can he read
to be prepared and attached to the agreement.

If you have any questions or comments, please let me know. regaled sohibit
Sincerely yours,
frim 1u15/96
patron WALTER & PISTOLE, a p.c.
ith kttorne
Please respond to: 2455 Bennett Valley Rd., Ste. 201B, Santa Rosa, CA 95404. (707) 523-0732. Fax: (707) 523-0924. Please note new suite number
JAW: hr
H5555ca
Enc.
- 201 West Sierra Avenue. Cotati, CA 24931-4217
Telephone (707) 795-5478 Telecopier (707) 795-7067
.:. i
•
Recording Requested By:

COTATI REDEVELOPMENT AGENCY 1990 0106825

OFFICIAL RECORDS OI
When Recorded Return To: SONOMA COUNTI
RANDY L. JOHNSEN BERNICE A PETERSON

EXECUTIVE DIRECTOR AT REQUEST OF
CITY OF COTATI REDEVELOPMENT AGENCY 10:30:57
201 West Sierra Avenue 10/29/1990
FEE: …$ • 00 PGS: 11
cotati, CA 94931-4217 . 00
TT : $
(Space Above For Recorder's Use)

COTATI REDEVELOPMENT AGENCY

OWNER PARTICIPATION AGREEMENT
(Cotati Fire Protection District)
This Owner Participation Agreement (the "Agreement") is entered into this tenth day of october 1990, by and
between the cotati Redevelopment Agency, a public body, corporate and politic, duly organized and existing pursuant to the Community Redevelopment Law of the State of California
(hereinafter referred to as the "Agency"), and the Cotati Fire Protection District (hereinafter referred to as the "District") and is entered into by the parties hereto with reference to the following facts:

RECITALS
WHEREAS, the Agency 1s authorized and empowered by the
Community Redevelopment Law, Chapter 1 of Division 24 of the California Health and Safety code, as amended, (the "Law"), to permit owner participation in the redevelopment of real property:
to enter into agreements for the acquisition, disposition and development of property or to otherwise assist in the
redevelopment of real property within a redevelopment project area or outside of a redevelopment project area and of benefit to the redevelopment project area conforming with a redevelopment •lan adooted for such area: to acquire real and personal property in redevelopment project areas; to receive consideration for the providing of redevelopment assistance; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and to incur indebtedness to finance or refinance redevelopment projects; and
h5554ck 1
WHEREAS ' "Redevelopment Plan") has been approved and adopted the Redevelopment Plan for the Cotati Redevelopment Project (the
by the City of Cotati, California, ("the City") by Ordinance No. 461, dated December 31, 1986; and
WHEREAS, the District leases a parcel of property as shown on the RECORD OF SURVEY filed January 29, 1990 In Book 451 of Maps at Page 18, lying within the cotati Rancho, being a portion of the Cotati Plaza; generally described as Assessor's Parcel Nos. 144-275-01, 144-276-01 and 144-277-01; and located at 1 East Cotati Avenue, Cotati, CA 94931 (the "Property"); and
WHEREAS, in order to enhance the value of the Property as well as to assist in improving the public thoroughfares, streets and roads of the City of Cotati and to develop same in a manner consistent with the Redevelopment Plan, the District, at its own cost, intends to construct or cause the construction of certain public roadway and drainage system improvements in the City right ot way and adjacent to the Property (the "Project"), all as more fully described in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, the cost of the Project is estimated to be
approximately $49,793.00; and
WHEREAS, by agreement entered into on June 9, 1987, between the Agency and the District, the Agency agreed to reimburse the District for construction and other improvement projects undertaken by the District consistent with the Redevelopment Plan and to pay for said costs at such time as they are incurred by the District; and
WHEREAS, in order to facilitate the development of the
Property in a manner consistent with the Redevelopment Plan, the Agency intends to assist the District in completing the Project by contributing to the District an amount not exceeding $56,307.21; and
WHEREAS, the District's obligation to undertake the Project and complete the project and the Agency's agreement to assist in paying a portion or all of the costs of the Project will benefit the area subject to the Redevelopment Plan by eliminating a blighted condition within the Project Area (as defined in the Redevelopment Plan), will facilitate development of the Property :
and the affected public rights of way in a manner consistent with the Redevelopment Plan, and will encourage economic growth and revitalization within the Project Area; and
WHEREAS, the District is a "Participating Owner" within the meaning of the rules adopted by the Agency to implement its participating owner program and within the meaning of the Law; h5554ck 2
- - -
..
•
WHEREAS, the District has demonstrated to the satisfaction of the Agency the District's financial ability to undertake the completion of the Project.

NOW, THEREFORE, the parties, in consideration of the mutual covenants herein contained agree as follows:

AGREEMENT
Section I. Incorporation of Basio Documents.

The Redevelopment Plan is by reference incorporated herein and made a part of this Agreement with the same force and effect as though set forth in fuil herein; provided, however, that any amendments to the Redevelopment Plan after the date of this Agreement shall not affect any rights granted hereby to the District, except as may otherwise be required by law. All terms not otherwise defined herein shall have the same meaning as used in the Law. The recitals are by reference incorporated herein and made a part of this Agreement, and the District and the Agency agree not to contest any fact or other matter set forth herein.

Section 2. Public Purpose.

The Agency and the District agree that the completion of the Project in a manner consistent with the Redevelopment Plan shall be undertaken for the common benefit of the parties hereto and the residents of the City in order to eliminate blight within the The Agency and the District further agree that the
completion of the Project will not only eliminate blight on the Property and in the City's rights of way, but will also assist in creating an environment which will encourage and facilitate the Therefore, the
completion of the Project will be of benefit to the Project Area, and will help improve, upgrade and revitalize, both economically and physically, a portion of the City that is located within the Project Area and that manifests itself as a blighted area.

Section 3. Method of Construction.

The District 1s obligated to construct or cause the
construction of the Project only on City rights of way as showr in the diagran attached as Exhibit "B" and is obligated to undertake and conplete the Project in accordance and in a manner consistent with the terms and provisions of the Redevelopment Plan. The District's obligation to commence and complete construction of the Project within the time set forth hereinafter shall be conditions precedent to the Agency's obligation to assist the District by contributing any amounts comprising the Agency Contribution. The District's obligation to complete construction of the Project as evidenced by (1) the issuance of h5554ck 3
building permits for all facilities comprising the Project (and Its payment of all applicable City Fees) and (11) the illing oi a notice of completion for all of the Protect shall be satisfied prior to December 31, 1991. The District appoints the Agency as the former's attorney in fact for the purpose of executing, filing and recording said notice of completion. Upon completion, the improvements of which the Project consists, shall become the sole property of the City and the District shall, by resolution, offer to dedicate same by an instrument whose form must be approved by the City Attorney.

Section 4. Agency Contribution.

Subject to the conditions and pursuant to the terms set forth in this section 4, the Agency hereby agrees to assist the District in the completion of the Project by contributing an amount to the District not to exceed $56,307.21 to be used to partially or wholly reimburse the District for the actual costs it incurs in constructing the Project. The Agency Contribution shall only become an obligation of the Agency upon (a) the issuance by the Agency of a notice of conpletion for the Project and the Agency's receipt of invoices showing the nature of the work done and the costs thereof incurred by the District. The Agency Contribution shall be made by payment to the District within thirty (30) days of submission to and approval by the City Engineer, of invoices received from the District evidencing work completed on the Project up to an amount, in the aggregate, equal to the Agency Contribution. Any and all costs associated with the Project over and above the Agency Contribution shall be paid by the District. In connection with the completion of the Project, the District agrees to comply with prevailing wage requirements for public works and to initiate public bidding procedures in accordance with State law and City or Agency procedures for that portion of the Project paid for by the Agency Contribution.

Section 5. Sale or Transfer of the Property: Defaults.

The Participating Owner shall not sell, lease, transter, convey or otherwise dispose of all or a portion of the Property prior to completion of the Project, as certified in writing by the City's Engineer, unless (a) the sale, lease, transfer, conveyance or other disposition specifically provides for the continued and exclusive use of the Property in accordance with all the terms and conditions of the Redevelopment Plan, and (b) the District shall have first obtained the written consent of the Agency for such sale, lease, transfer, conveyance or other disposition, which consent shall not be unreasonably withheld.

Such consent shall be conditioned upon the receipt by the Agency of evidence satisfactory to the Agency, solely in its
determination, that the purchaser, lessee or transferee of all or any portion of the Property has assumed in writing and in full h5554ck 4
and has the financial capability and ability to so assume the duties and obligations of the District under this Agreement.

Section 6. Remedies.

Any party in breach of any term or condition of this
Agreement shall have thirty (30) calendar days from the date notice of breach is received by said party to cure said breach.

As a further and cumulative remedy, the District, for itself, legal representative, successors and assigns, agree that the Agency, Its successors and assigns, shall have the right anc to institute and prosecute any proceeding at law or ir
equity to enforce any covenants and agreements herein contained and to enjoin the threatened or attempted violation thereof by the District, its legal representatives, successors, tenants and assigns and/or to collect damages from the aforesaid, whomsoever of which may violate said covenants and agreements; and in addition, the District for Itself, legal representatives, successors and assigns does hereby grant the Agency such right and power to institute and prosecute such proceedings.

The remedies for the benefit of the Agency set forth in this Section 6 shall be in addition to any and all other remedies available to the Agency under this Agreement or as a matter of The parties acknowledge and agree that the Agency may
exercise any and all legal and equitable remedies available to the Agency under the laws of the State of California to enable the Agency to exercise the rights of the Agency hereunder and to enforce the provisions of this Agreement including, but not limited to, those which are contained in this Section 6 hereof.

The District further agrees to pay upon written demand of the Agency all costs, fees and expenses of the Agency including, but not limited to, attorneys' fees, court costs and costs attributable to Agency Staff time, incurred in connection with any enforcement by the Agency of any one or more of the provisions of this Agreement or the seeking of any remedies legally available to the Agency related to this Agreement.

Section 7. obligation to obtain Financing.

The Agency shall have no obligation or commitment to provide any form of financial assistance to the District in connection With the Property or the completion of the Project, except as is specifically provided in this Agreement.

Section 8. Notices.
h5554ck 5
- -
That the work of the redevelopment of the
Property, or part or parts thereof, as in this Agreement provided shall be implemented as intended by this Agreement.

That there shall be no discrimination against
origine or creedy in the 1 at altatus ration, use, lof any eligionale, occupancy, tenure or enjoyment of the premises to be conveyed, nor shall the District or any grantees or any persons claiming premises to be conveyed.

That, after the satisfactory completion of
the Project made necessary by this Agreement, the Property shall be devoted to the uses specified in this Agreement and shall not, in whole or in part, be devoted to any other use or used for any other purposes.
d. That such agreements and covenants shall run
with the land, and shall inure to the benefit of and be enforceable by the Agency, its successors and assigns.

Furthermore, it is intended and agreed that the covenants contained in subsection (b) of this Section 10 shall remain in effect without limitation as to time.
e. Such agreements and covenants shall run in
favor of the Agency for the entire period during which such in coze agreements shall remain in force and effect without regard to whether the Agency has at any time been, remains, or is an owner of any land or interest therein to which these covenants relate.

In the event of any breach, the Agency shall have the right to exercise all the rights and remedies available at law or in equity to enforce the curing of such breach.

Contradion 62 a los Operative preton a ant Agreemente
and as may additionally be required by the Constitution and laws of the State of California and the law.

Section 1l. Successorg and Assigns; Assignment.

The provisions of this Agreement shall be binding upon ani inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. The District shal not assign, transfer or in any manner hypothecate any or all of the riohts and obligations of the District under this Agreement h5554ck 7
- -
= EF -. T-93 TUE 17:2: F .02

INTEROFFICE MEMO
To: /Randy Johnsen Date: 3/18/91
•
Subject: Fire Distrist Leusa From: Jeff
I receled a messago from my secrecary that you called
on the fire District lease. If by this message you
meant to find out whether the lease has been revised
pertunent to your memo of 2/20/91 (attached), it has
I am sell! waiting ior the information which you
refEr to in the secord paragrap, of said memo.

Furthermore, even 11 I had rocc.ved that information,
I would not have corpictcă the revisions, because in
the interim I received i lecter copy earlier provided to you) from Excrange Bank's lawyer suggesting major
revisions to the lease so as to provide significant
arctections to the Bank in the evant that the flre District defaults under the loar which I understard tro DistrIct 1s intending to obtain from she bank.

Revising tre Lease ro accomodati the bank's dasires wall cake fuxther necotiations with the banx and the district.

I believe that we arc 2-3 weeks away from a final version.

EFAXMEMO
Rom Jett
PHE.
-.. ..= TUE
14 = 7

CITY OF COTATI

INTEROFFICE MEMORANDUM
February 26, 1991
To:

ExoM:

Subject: Request to Amend Agreement Between Cotati Fize Protection District and County Redevelopment Agency For Reimbursement of cost for Street Improvements on La
Plaza Adjacent to Headquarters Fire Station
Previously the City of Cotati Redevelopment Agency Boaxd of Directors entered into a contract to reimburse costs fox certain improvements on La Plaza adjacent to the headquarters Fire Station. At its February 13, 1991 regular meeting, Redevelopment Agency Board received a letter of request to amend that agxeement.

Previously a limitation had been set on the amount that could be reimbursed based on the amount that the Agency previously agreed to reserve for the fire District from the amount they would have otherwise received if the Agency had not been formed. Ag the Agency has now received additzonal tunds, the Fire District is reguesting an additional allocation up to an amount of $63,297.

The fire District presents that this is an additional amount of $6,989.79 and they would also like to reserve that amount, plus the maximum they become eligible fox any unforeseen extras.

By recelving a copy of this note finance Officer Grogan is asked to advise you as soon as possible what is the maximum amount that they would have been eligible to receive out of the most recent tax increment payment received by the Agency. It 1s my suggestion that you make that full amount the number in the amended contract so that we will not have to continually com =K to the agency for additional authorizations. It is my belie •t It is the intent of the Agency that all costs eligible to be relubursed for street infrastructure improvements be paid fox out of Redevelopment Agency funds.

As soon as you have the amended agreement prepared we will take it back to the agency to authorize the Chairperson to execute after which we will forward it to the Fire District for their execution.

RECEIVED
co: Finance Officer Grogan • FEB 2 7 1991
Agenda Drawer
redevel|cfpd.agra(a)
201 West Surta.Ava nue. Coean CA 24231-4217
Telephole ("07) -95-518 Telecopier
1717)705-7067
SEF - TLE 14:23 F- 134

LESSEE'S CERTIFICATE
The undersigned hereby represents and warrants io Exchange Bank (BANK) as follows:

L. The undersigne 1s ine lessee or the real property commonly known a .P.f 144-276-01*******
* East Colari Avenue Cat 9. 94
****** pursuant to a Tease dated
Aurust 22, 1989 entered pete the undersigned as lessee and The Teasenora interests or
the Tessee under the lease srait be referred co as the "Premises".

2. The lease is presently in effect.

The lease constitutes the entire agreenent. between che lessor and the lessee and there tave been no anendments, written or oral, to such agree- esser nave seen satisfactor iy completed.

5. "he undersignea, as lessee, nas accepted and fresentl, occupies ine Premises.
"he tem of are 'ease Started
* on Apral 1, 1965 and ends on
Maxch 31, 2039
The anount at prepala rent. security or lease deposit, however reterred co, pald under •he terms *ne lease 15 One and 00/100****** * * * *** Doltars ($1.00***=*•
***************

3. There shall be no further prepayment of rent for a period in excess ot without the prior written consent of BANK.

9. The rent remaining due inder the lease 15 N/A
DolTars (S
payable
:0. As of the dare of this certiiicate, to the knowledge of the under- signed, chere exist no derault, offsets, counterclains or defenses of the undersigned under the lease against ine lessor and there exist no events that rould constitute a default or basis for such offset, countercial or defense against lessor upon the lapse of cume or the giving of notice or both.

11. The undersignea nas no option io purchase the Premises or a right or mrs: rafusai to purchase the Premises except as follows ===- 7-53 THE 14: 2→ p.05

12. The undersigned has no option to renew the tenancy except as follows _3. the undersigned acknowledges that it has been advised that BANK 1s the beneficiary under a deed of trust encumbering the Premses and that it has been advised that said need of trust contains an assignment of rents.

Mas 18 = 199L
Cocati Fire Protection District (Lessee)
carl E. Anderson
Its Pregident
Ine neretofore stated cepresentations and
warranties are hereby confirmed
¿ty eI Cocati, a municipal coxporation (Lessor
Ey:

ItS:
-

COTATI FIRE PROTECTION DISTRICT
1 EAST COTATI AVENUE FIRE PHONE
BUS. PHONE 795-5454
795-5455 COTATI, CALIFORNIA 94931
May 29, 1992
Ms. Bonnie Long
City Manager
City of Cotati
201 W. Sierra Avenue
Cotati, CA 94931
RE: REDEVELOPMENT FUNDS i
Dear Ms. Long:
1 The Cotati Fire Protection District is requesting Redevelopment Funds for the following equipment:
4 - 16 channel mobil radios $15,994.65
7 - 16 channel portable radios
12 - Self-contained breathing apparatus $18,640,50
The 4 channel radios that we now have are obsolete. The self-contained breathing apparatus no. longer meet OSHA requirements. Some are as old as twenty years.

The total funds we are requesting are $34,635.15.

The balance requested is not to exceed monies deposited into the redevelopment fund by Cotati Fire Protection District.

Thank you for your consideration.

Sincerely,
Hold Suffett
Harold R. Griffit
Director
HG/1m
- 314i.
•
"RANCHO ADOBE FIRE PROTECTION DISTRICT
•
P. O. BOX 1029, PENNGROVE, CALIFORNIA 94951
REBOLUTION: R-7 1994/95
DATE: October 19, 1994

RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO ADOBE FIRE

PROTECTION DISTRICT, COUNTY OF BONOMA, ETATE OF CALIFORNIA, ACCEPTIING ASBIGNMENT OF THE 1989 PROPERTY LEASE AGREEMENT WITI WHEREAS, a property lease agreement between the City of Cotati and the Cotati Fire Protection District was executed in WHEREAB, in 1993 the Cotati and Penngrove Fire Protection Districts merged into the "Rancho Adobe Fire Protection District", and
WHEREAS, on August 12, 1994 the Cotati City Council passed Resolution No. 94-57 approving assignment of the 1989 property lease agreement, along with all rights and obligations there- undex, to the Rancho Adobe Fire Protection District, and WHEREAB, the Cotati City Council further resolved and re- quested the Rancho Adobe Fire Protection District Board of Direc- tors accept assignment of said agreement and all rights and obligations thereunder.

NOT, THEREFORE, BE IT RESOLVED the Board of Directors of the ancho Adobe Fire Protection District hereby accepts assignment of the 1989 property lease agreement between the City of Cotati and the former Cotati Fire Protection District and all rights and obligations thereunder.

This resolution executed this 19th day of October, 1994.

THE FOREGOING RESOLUTION was introduced by Director
King who moved its adoption, seconded by Director
Graham , and then adopted on roll call by the following vote:

AYES: 4 NOES: 0 ABSENT: 2 ABSTAIN:1/
adopted, and 80 ORDERED.

Kindalhandle
Clerk of the Board

Cotati City CouncilJanuary 27, 2026

Cotati City Council
January 27, 2026