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HomeMy WebLinkAboutCC Resolution 5011 (San Rafael Marina Project Loan)RESOLUTION NO. 5011 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with Planning Loan Agreement for proposed San Rafael Marina Prnjprt_ A copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the 25th _ day of August 19 75 , by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MARION A. GRADY - City Clerk ORIGINAL I N D E X PLANNING LOAN AGREEMENT Page 1 Date of Agreement and definition of terms Page 2 - Par. 1: Amount to be paid to Applicant Par. 2: Term of Agreement Par. 3: Rate of Interest Par. 4: Applicant deposits funds received Par. 5: Records and accounts Page 3 - Par. 6: Funds to remain property of Department until expended by Applicant Par. 7: Department approval of funds spent Par. 8: Repayment provisions Par. 9: Repayment of loan is a general obligation of Applicant Par. 10: Time allowed for study to be finalized Page 4 - Par. 11: Department approval of contract for study Par. 12: Certification of title, taxpayer protest, public indebtedness Par. 13: Hold harmless clause Par. 14: Addresses of Department and Applicant Page 5 - Signatures and Funding Slip EXHIBIT "A": Feasibility Report 2 Ii 3 4 5, I 6 7, 8 PLANNING LOAN AGREEMENT THIS AGREEMENT is made and entered into this 28th day of JULY# 1975 I I by and between the State Department of Navigation and Ocean Development Iand the C i ty of San Rafael THE FOLLOWING TERMS are defined and hereinafter referred to as follows: DEPARTMENT - The State of California acting by and through the Department of I APPLICANT - 9;1 EXHIBIT A - 10j 11 12 I 13 14 15 Navigation and Ocean Development. G i tY of Sall WOO That report prepared by DEPARTMENT, and incorporated herein, dated JU1Y9 a97c; , entitled "Reconnissance Review, Planning Loan, C i tY of Stn Pefaoa D Proposed m ftafaoa Marina Projoct which sets forth therein the scope, estimated planning costs, and the ability of APPLICANT to repay the loan made hereunder. W I T N E S S E T H: WHEREAS, APPLICANT pursuant to Section 5002 of Title 14, California 161' Administrative Code, has filed with DEPARTMENT its formal application for a 17 II planning loan i n the amount ofrti1p.Ty.F avr &81D 0€ LLARS ($35.0M) 1811 for the purpose of planning the development of small craft harbor facilities$ 19il '1 and11 1 20;1 WHEREAS, DEPARTMENT in EXHIBIT A, finds the planning loan to be econom- 1 1 2111 ically justified; and j 22II WHEREAS, the Navigation and Ocean Development Commission at its regularly !I 2311 scheduled meeting on July ', 117S Resolution Number 2411 consented to the planning loan made hereunder; and 25i WHEREAS, the California State Legislature in its Regular Session, 'I 2611 by enactment of Item Chapter ,of the Budget Act, appropriated �� Ol'JE Iz:)t+13?RED 'i�a�Jt3iMID DOLLAR: (SI00,;3n'.:) 27 II the sum of I! i r4:]]P .. i 4- M 1 2 3 4 5 6 71 81 9 I� I 10 11 12 (payable from the Harbors and Watercraft Revolving Fund to be loaned to cities, counties and districts for the planning of harbor facilities; and WHEREASP DE ARTMENT has allocated from the above-mentioned sum of M1 1"MRCO TTIO'USAW D^LViR ($100 y inTY-F' g: rya 'fati?t'� p - to be loaned and expended by APPLICANT to plan small craft harbor facilities; NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties hereto hereby agree as follows: Funding Provisions I. DEPARTMENT wi l l loan to APPLICANT the sum of TIl1rTV-F1VF 7TIOUSAllD MLLAIIRS ($3.% ) which wi 11 be paid to APPLICANT on an installment basis as follows: (a) Each installment shall be requested in writing by APPLICANT as 1.31! costs are incurred. 141' (b) DEPARTMENT shall not make installment payments to APPLICANT more I 15!1 frequently than once every THIRTY (30) days. ,I 16!1 (c) The total cumulative amount of such installment payments shall 17!1 not exceed the total amount of the loan made hereunder. I 1811 2. The loan made hereunder will be for a maximum term of ten (10) years 19J commencing on the day of issuance of the first warrant. l II 20;; 3. The loan made hereunder will bear interest at the rate of PlUr' !I I 21 pCl'cr'AT Q — p -r annum on the unpaid balance,' 22!! whether principal or interest, commencing with the date of each disbursement. 23; 4. APPLICANT shall deposit all loan funds received from DEPARTMENT in a ! i 24Ij separate account in APPLICANT's treasury, and said account shall reflect only 251, the receipt of loan funds from DEPARTMENT and expenditures made pursuant to the I 26 i terms of this agreement. 271; 5. APPLICANT agrees that all books, papers, records, and accounts relating! i ill to any fund or account reflecting receipts and disbursements of the loan funds 211made available hereunder shall at all reasonable times be open and available 3 for inspection and audit by DEPARTMENT or any authorized reprpsentative of 4 DEPARTMENT. 511 6. The proceeds of this loan, although advanced to APPLICANT in install - n � Ell ment payments, shall remain the property of DEPARTMENT until expended by 'i 7I1 APPLICANT in accordance with the terms and provisions of this agreement. I 81 7. The proceeds of this loan are to be expended only upon the written i approval of DEPARTMENT and in furtherance of planning directed toward the I 10;1 development of small craft harbor facilities as indicated in EXHIBIT A. iiii 8. The loan made hereunder shall be repaid in accordance with the 12II following: r i 13',; (a) Payments of principal and interest shall be made in equal annual 1411 installments as established by DEPARTMENT, and shall be due and payable on 151 August 1 of each year commencing with August 1, 1976 I i 16!1 (b) DEPARTMENT may from time to time make adjustments in the schedule !' I 17{i of annual payments to reflect unscheduled payments of principal and/or interest, i 18 that may have theretofore been made. 19 II (c) APPLICANT at its option may at any time make advance payment of 20I all or any part of the principal on the loan tnen remaining unpaid. 211; (d; Payments shall be made payable to Lhe order of the Department of ' I u 2211 Navigation and Ocean Development; Fiscal Section; 1416 Ninth Street; Sacramento,) 2311 California 95814. i I 24 9. The obligat;on for repayme-t. of the loan made hereunder and interest 2511 thereon s a genera obl'gation of the APPLICANT and shall be Dayablo from any r• 26 and a;i revenues received b• the APP:..ICANT from any source of funds what-,oev-r. 27 W. APPLICANT agrees to conduct, or cause to be conducted, said planninq, 3 11 and to prepare, or cause to be prepared, a report on the results of said 2 planning within TWELVE (12) months following the issuance of the first warrant 3 for the loan made hereunder. As soon as said report is completed, a minimum I 41 of SIX (6) copies thereof shall be forwarded to DEPARTMENT. 5+ 11. APPLICANT shall, prior to entering into any contract for said planning 1 6,11, with any individual, firm, corporation, or other agency or organization, obtain 7i written approval of said contract from DEPARTMENT. 1 jj 8;; 12. APPLICANT certifies: I proposes to acquire i j J;I (a) That it / or control the real property that may be required i -1., 1011 for the construction, improvement, development, maintenance and operation of 1111 the small craft harbor facilities that are to be planned for with the loan made 12 hereunder. 131 (b) That it has not received written protest to the loan made herein 1 14 by owners of one-half or more of the assessed valuation of taxable property 15I within its legal boundaries. 16! [ (c) That the obligation created by this agreement will not create an j 17'' indebtedness or liabilitycontrary to the I y provisions of Section 18 of 1 1 18;1 Article XVI of the Constitution of the State of California. 19;' 13. APPLICANT agrees to defend, indemnify and save harmless, the State 1� 201( of California, its officers, agents and employees from any and all claims, I P ! demands, suits, actions and liabilities which may arise out of or in connectionii f 2211 with the planning of the small craft harbor facilities provided for herein. i 231 14. In the event either party desires or is required to send notice to 24;! the other, such notice shall be deemed to have been given when mailed to the i 1 251; address set out below or to such other address as may from time to time be 1 26'' designated in writin ,i g q by the parties with first class postage fully prepaid 2711 thereon. i1 ii r F, 1'i 21 3 4� 5 6 7 8, 12 1.3 14! 15 161 171 181 191 2011 ii 22 jl 'I 23 i i� 2411 25 l 26 27'1 To DEPARTMENT: Department of Navigation and Ocean Development Room 1336, Resources Building 1416 Ninth Street Sacramento, California 95814 To APPLICANT: City of Son Rafael 1400 Fifth Avenue San Rafael, California X14932 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first hereinabove appearing. STATE OF CALIFORNIA DEPARTMENT OF NAVIGATION AND OCEAN DEVELOPMENT CITY OF W1 rJAFAEL By By &00!�414wjw Director ATTEST: E{ MARION A. GRADY, City Clerk! hereby certify that all conditions for exemption set forth in State Adminis- trative Manual Section 1209 have been complied with and this document is exemp from review by the Department of Finance. - 5 - Director RECOJ.1111, I S..) ! C' I% I A PLA'.tif f I t';G LOAN CITY OF SAN Rr?FAEL PROPOSED SAN RAFAEL MAUNA PKOJECT JUNE 1975 STATE OF CALIFORNIA RESOURCEss AGENCY DEPARTMENT OF NAVIGATION `r' UCEEAN DEVEL0,1PIMENT SAN RAFAE L MARINA PROJECT In June 1975, the City of ;t:+ f.ae 1 wadc. a, ::r i t ten 1 pp l i cu tion to the Departrrrt.-nt. of Clavigc:t.ion and Ot-an Developr,ont for a planning loan in the amount of ,'`,35,000. The loan will finance the cost of determining the feasibility of developing a small craft marina and launching facili- ties located in the vicinity of the San Rafael Canal. The City of San Rafael has worked to involve the boating public in the early planning stages of this project by appointing a 26 -member Citizens' Advisory Committee. This committee was charged by the City Council to investigate and recommend programs to protect the environmental resources of the Canal as well as to explore its full recreational potential. A specific recommendation of the committee was to apply for a loan for planning and feasibility studies -for a small boat marina as an initial effort to meet the boating recreational needs of the citizens. Concurrent with the committee's effcrts the City's redevelopment program has been directed to::ards implementing measures to male the San Rafael Canal area a viable resource of the city. Environmental and economic consultants to the Redevelopment Agency have preliminarily reviewed the needs, opportunities and constraints of a public boating and marina facility. The ccrosultants have affirmed that there exists a present need for 800 small craft berths in the immediate San Rafaei area. This estimate is based on a cursory examination of the bolting activity on the canal, the existing mount of marine -related lard uses adjacent to the canal, and an evaluation of the cnarine coo-mu:rcial r:arket. M ox of San Rafael Bay, the existence Of a dredged channel and The pr to provide the.+ calci �,r�.tc�r'. of ti,•, San f;�f�:�•1 Canal c,ffcr �,n opportunity needed facilities for hoatcrs in tile. BL:y Arc•-�• rincering, The investigation vii ll consist of de.errrlirring the econu,riic, en_! and financial feasibility of the proposed i..iarina. Specific issues to be (1) the location of the r;�rina; (2) automobile addressed will include: soil, current, and 3) protection of adjacent ma r,h ��r��i5, (t+) acres -s• � ( siltation prcb1c'm,; and (5) land use planniIII Location City of San Rafael is located in the southeastern section of Marin, The ) County. The proposed project will be located on the San Rafael Bay and tentatively at the n•r:uth of the San Rafael Canal. Existing Facilities Existing facilites in the area of the San Rafael Canal include the 80 r and the 550 berth McCarthy berth Marin Yacht Club (for member only) Loch Lomond Marina (privately operjLed)• gbilitv cf the City of San Rafael to Rena`1 the Proposed Plannin Load 000 planni�,; loan will require annual payments of approximr=telt' The $35, $4,400. Based uoon revenue and expenditure information, it is con resources to repay ciudeu that the City of San Rafae:l ham, thy, firn�ncial the lolr: or. :,cht.Oulc. RIO VIST � `6a •�xj,�� � � %r•' 4rr.zl" Ifni _ - NOVATO N13Ix Pa..t--,LEI, ' gnac.o 0'� r Ran Pah/n BX'� -•� _ _�y ^ Ny. _ ' Y r / Rod 0 � r l.� `� P11 SBU NERCO woe o©rc• st•• PIN L43°�=�V ,MARTINET go — yar J.- _ ,� a 1 ANTIOCH FAIRFR)({Sko SAN ANSf_L,MOCP-oEy, SAN F. SAN PA E. $fnwl- PLEASANT CiCONCORO ROSS o0 = PROJECT HILL CSt Mr!tt_e 'b°O ®a R CHy90NDt�CLAYTON O" LARKSPURO 0 9 SITE Oo`� c �_ OStiaeon VMI MILL CORTE ERA � ` "; � EL C RRITO - -- -- � ��' O \ O WALNUT -CREEK T a�sfJa. e" B�� ♦\i' ALBA,N LAFAYETfE M, E Vru RE �_ 1"4— 'U y`t BI�RKELE Protect AUSA ' RYVI LE. _�L,,, -f''� Location h �? PIlDMON_T y ' .•wrn �A _ tpAkLANDo W\_ SAN FRANCISCO :a Sacramento C7 0 ALAMED® r SAN LEANDRO AA3�y�� Las"o DUAL~ Va ev-r-- I CITY. 1,OC OLMA BRISBANESj .. el ® AWA ANSA'1 O Los Ange es* ® C) SAN BRUNO \� ® `_s ` �'r PACIFICA ip"�a^♦ MILLBRnE �` :: =�� O UNIOILILY Zyr r °AGRL)NGAME O ; gN y LOCATION MAP >"y HILLSBOROUGHO 1 '• SANK OSTER {r �,FjtEM10 T ' MATEO- C Ty Nn 3 \ 0 BELMONT SAN NEWARK Nul. Mn.•n Puy .�`, rNr. •�, �. C.ARLDS ,/' �•l^ . REDWOOD CI_ _ HALF MOON Y C?CITY.4 O ATHERTON) ♦�r�'. ' . IIENLO PARK -ALO LTO WOODSID(,0c P••'• 1 ;' QMILPITAS ` MOUNTAIN VIEWIORT O LEYA VAL} � � � LOS - SUNNYVALE ' V ► O ALTOS ` LOS A jOS HILLS SANTA CLARA 10 CUPERTIN00 -,SAN JOSE "`% CAMPBELL SARATOGA M:1Nl E SERENii ♦'� `LOS GATOS y ` a_[ tt X.v r:::.w.=4t'f_. :y PLATE I DSG. BY: STATE OF CALIFORNIA RESOURCES AGENCY REV NO • DWN. BY: BOATING FACILITIES DWG NO BY SCA I�,, • SCALE PROPOSED SAN RFAEL P11A�."vr sMEET No DATE LO CAT I O IJ M A P OF APP cy —4 Z 0 cl) m rn r,n (n 0 c - M M m m A TE STATE or CAUFORMIA RESOURCES AGENCY BOATING FACILITIES DIVISION C'AA MNG NUAMS-01 PROPOSED SAN RAFAEL MARINA SHEET kUMSEM SITE LOCATION LAYOUT or . r. i r.c5iGmro BY. va? 'DRAWN BY...—___ '����w.-. .arA�WI... e CHECKED Y- CHECKE. W: oAlt RE 14 54 -0.4 Fly ....... ......... . .